REGULAR MEETING
March 27, 1978
The Regular Meeting of Council was held on March 27, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Muir, Hardcastle, Carey and Bewick. Councilmen Weyandt, Witt and Carson were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Councilman Bewick requested that item seven of the Agenda, concerning Puncheon Run Sewer Interceptor and Pumping Station, be considered in Executive Session.
The City Clerk requested the following agenda additions:
Rezoning Request - Kenbrit Corporation - S. Bradford Street
Rezoning Request - Griffith, Auen & Auen - S. New Street
Cancer Society Financial Report for Approval
Request to Erect Directional Signs - Reverend Coleman - Mt. Zion AME Church
Presentation of Correspondence from Mr. Lance Bartel concerning the recent approval of the purchase of a City Computer System
PROCLAMATION - CANCER CONTROL MONTH
As directed by Mayor Legates, the City Clerk read into the official records the following proclamation.
WHEREAS, Cancer is the common foe of all mankind and will strike 675,000 Americans this year; and
WHEREAS, many forms of cancer are curable if detected early and treated properly; and
WHEREAS, one of three who now get cancer is being cured, but at least half of those who get cancer could and should be saved by early diagnosis and prompt treatment; and
WHEREAS, the American Cancer Society, in addition to support of vital research, alerts the public to cancer’s warning signals, and conducts other programs of public and professional education; and
WHEREAS, many cancers can be prevented, such as lung cancers, mainly caused by cigarette smoking, and most skin cancers, caused by frequent exposure to direct sunlight; and
WHEREAS, the medical profession is kept informed by the American Cancer Society of the latest advances in the treatment of cancer and nurses are informed how best to care for cancer patients; and
WHEREAS, the American Cancer Society provides useful and compassionate aid to women who have had breast surgery, through its Reach and Recovery program, and conducts other rehabilitation programs seeking to improve the quality of survival; and
WHEREAS, April is Cancer Control Month, by Presidential Proclamation and Congressional Resolution;
NOW, THEREFORE, I, Charles A. Legates, Jr., Mayor of the City of Dover, do hereby declare the month of April, 1978 as
CANCER CONTROL MONTH
in the City of Dover, and urge all residents of this City to support the educational and fund raising efforts of the American Cancer Society as part of Cancer Control Month in April.
MINUTES - MARCH 13, 1978
Referring to the heading of “Establishment of the Position of Personnel Director” in the March 13, 1978 Minutes, Mr. Bewick stated that Mr. Weyandt was not aware that the job description included Federal and State Fund Coordinator. Mayor Legates noted Mr. Weyandt’s opinion as a part of the Official Minutes.
The Minutes of the March 13, 1978 meeting were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Muir and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of February
The Chief of Police Report for the Month of February was unanimously approved by motion of Mr. Bewick, seconded by Mr. Muir.
Building Inspector and Fire Marshal Report for the Month of February
The Building Inspector and Fire Marshal Report for the Month of February was unanimously approved by motion of Mr. Muir, seconded by Mr. Hardcastle.
City Alderman Report for the Month of February
Fines were received for the Month of February in the amount of $1,655. Mr. Hardcastle moved for approval of the City Alderman Report, seconded by Mr. Muir and unanimously carried.
General Fund, Cash Receipts Report for the Month of February
Mr. McDonough requested that the Finance Department attempt to devise this report of indicate the budget by quarter so as to substantiate the percentage of budget received at various periods of the year as projected.
The General Fund, Cash Receipts Report for the Month of November was approved by motion of Mr. Muir, seconded by Mr. McDonough.
General Fund, Budget Report for the Month of January
The General Fund, Budget Report for the Month of January was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of February
Although the electric sales budget projection indicates only 56% of the budget received, Mr. Hodge stated that the coming warm weather and utilization of air conditioning will increase this percentage to the expected amount.
The Electric Revenue Fund, Cash Receipts Report for the Month of February was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of January
The Electric Revenue Fund, Budget Report for the Month of January was unanimously approved by motion of Mr. Bewick, seconded Mr. Carey.
Electric Improvement Fund, Cash Receipts & Disbursements Report - February
The Electric Improvement Fund, Cash Receipts & Disbursements Report for the Month of February was unanimously approved by motion of Mr. Muir, seconded by Mr. McDonough.
Library Fund, Cash Receipts and Disbursements Report - February
The Library Fund, Cash Receipts and Disbursements Report for the Month of February was unanimously approved by motion of Mr. McDonough, seconded by Mr. Carey.
City Manager Report for the Month of February
Mr. Hodge reported that the 69KV Transmission poles for Saulsbury Road have been ordered with an expected delivery of six months. Difficulty in acquiring easements for the underground and overhead lines delayed the initial order.
It is expected that the Highway Department will complete their phase of the road work in the fall of 1979.
A new phase three line was built by the Electric Department in the Towne Point area which should eliminate the unbalanced feeders and reduce the number of outages.
He added that 3,420½ man-hours were spent during the month of February by the Public Works Department on snow removal.
The City Manager’s Report for the Month of February was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey.
PROJECT #72 - PERSIMMON TREE LANE - BID OPENING RESULTS
Mr. Hodge reported the results of a bid opening related to Persimmon Tree Lane, which will incorporate sanitary sewer lines, storm sewer and an extension of the existing water line. The project is primarily to furnish utilities to the Persimmon Tree Apartment complex.
The following bids were submitted: 1. Warren Brothers - $59,883.00
2. Teal Construction - 61,374.10
3. George & Lynch - 64,122.00
4. Seaford Construction - 92,401.00
It was the recommendation of the City Manager’s Office that Warren Brothers be awarded the bid in the amount of $59,883.
The City of Dover Engineer’s estimate for the project was $57,518.50.
Mr. Bewick moved for the recommendation of the City Manager, seconded by Mr. Carey. By a roll call vote of five (5) yes, Mr. Weyandt, Mr. Witt and Mr. Carson absent, the bid was awarded to Warren Brothers.
J.P. COURT #7 REPORT FOR THE MONTH OF FEBRUARY
A check was received from J.P. Court #7 for the Month of February in the amount of $6,612.36.
Mr. McDonough moved for acceptance of the report, seconded by Mr. Carey and unanimously carried.
PUBLIC HEARING - REZONING OF 319 WEST NORTH STREET - JOHN G. DAVIS
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 319 W. North Street, owned by John G. Davis (equitable owner is Richard L. Engle). Mayor Legates declared the hearing open.
Mr. David Perman was present to ask if the property contains sufficient parking with the rezoning or if North Street will be utilized.
Mr. Roe reported that the owner is preparing parking facilities at the rear of the property.
Mr. Ralph Dobson of 311 North Street was present, inquiring if the rezoning would harm his property in any way. Mr. Roe stated that the rezoning would not effect Mr. Dobson’s property and does conform with the Land Use Map which specifies general business.
Mr. Perman asked if the building was occupied by the new owner, who is presently conducting business from that location. Mr. Roe reported that Mr. Engle had erected a business sign at the location after the purchase. He was subsequently notified by the Department of Inspections that he was in violation of the Zoning Code and instructed to remove the sign.
Mr. Muir moved for approval of the rezoning, seconded by Mr. Hardcastle, and by a roll call vote of five (5) yes, Mr. Weyandt, Mr. Witt and Mr. Carson absent, 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 AT 319 WEST NORTH 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 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 RG-1 to RG-0 on that property located at 319 West North Street.
ADOPTED MARCH 27, 1978
PUBLIC HEARING - REZONING - 504-510 EAST LOOCKERMAN STREET - LOBBY RESTAURANTS, INC.
Mr. Roe informed Council that a letter of withdrawal for the rezoning of the above mentioned property has been received from the Greater Dover Chamber of Commerce.
Mayor Legates acknowledged the letter of withdrawal, subsequently canceling the public hearing.
EXECUTIVE SESSION
Mr. Bewick moved to recess into executive session to discuss City-County ownership and maintenance of the Puncheon Run Sewer Interceptor and Pumping Station. The meeting was reconvened at 8:30 P.M. by Mayor Legates.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 22, 1978 at 5:00 p.m. with Chairman Muir presiding.
Private Garage Sale Survey
Mr. Muir reported the results of a resident survey conducted for the purpose of obtaining a general opinion on private garage sales, relating to the question of placing certain restrictions on persons or groups who seem to abuse this privilege.
A great majority of the persons participating in this survey did not wish to see any changes made that would restrict this activity.
Based on the results of the survey, the Committee recommended that no changes be instituted at this time.
Mr. Muir moved for the recommendation of the Committee, seconded by Mr. Hardcastle and unanimously carried.
Request For Funds - Northeast Regional Ballet Festival
The Committee considered a request from the Delaware Regional Ballet Company to utilize two senior surreys to transport members during a Northeast Regional Festival to be held on May 18, 19 and 20, 1978 or a contribution of $800 to help defray transportation expenses.
The Committee recommended that the Delaware Regional Ballet Company be granted $200 towards expenses of the transportation.
Mr. Muir moved for the recommendation of the Committee, seconded by Mr. Carey and unanimously carried.
Daily Registration Times
City Clerk Willis submitted a request to the Committee that would amend Section 11-5, paragraph A of the Municipal Code to allow daily voter registration between regular working hours, or 8:30 a.m. to 5:00 p.m., except on the last day of registration which would remain at 4:00 p.m.
The Committee recommended approval of the request and that the City Solicitor be directed to draw up the proper amendment.
Mr. McDonough moved for the recommendation of the Committee, seconded by Mr. Hardcastle, and unanimously carried.
Appointment of City Auditor for Fiscal Year 1977-78
In discussing the appointment of an auditor for the fiscal year books of 1977-78, it was the opinion of the Committee that the audit should commence immediately not allowing sufficient time for the adoption of a bid proposal form which would facilitate bidding by other firms. The City Clerk was instructed to make the bid form a reoccurring item on the agenda until final approval and recommendation to Council.
Alluding to the necessity of initiating the 1977-78 fiscal year audit immediately, the Committee recommended that Mr. Manter be reappointed.
Mr. Muir moved for the recommendation of the Committee, seconded by Mr. McDonough and unanimously carried.
Mr. Hardcastle moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Muir and unanimously carried.
PROGRESS REPORT - DOWNTOWN DOVER REVITALIZATION & STREET LIGHTING
Mr. Woods addressed Council, stating that preliminary plans for the renovation of downtown were received on March 27, 1978 and have been distributed to staff members and to the Office of the City Manager. The one remaining decision is the selection of a street light design and to aid Council on this particular decision two lights of different manufacturers have been installed in front of City Hall and the City Hall Annex. Mr. Jenkins, the lighting engineer, was present to answer any questions from Council on the two designs. Mr. Woods added that after final selection of the light design, final plans can be completed by April 17, 1978 to facilitate advertising and acceptance of bids on the project.
A short recess was called to enable Council to study the two installed lights for a final decision on the design.
Upon reconvening, Mr. Muir moved that the Molcast design be selected as the light to be utilized. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Woods stated that hopefully final bid approval should be submitted by the 22nd of May. On June 1st, work should begin on the paving of the downtown area and this portion of the project completed by November 1st so as to not to conflict with the Thanksgiving and Christmas holiday shopping.
CORRESPONDENCE
Request for Funds - Caesar Rodney District Athletic Club
A letter was received from Mr. Bill Lagemann, President of the Caesar Rodney District Athletic Club, Inc., soliciting funds to aid improvement and expansion of their athletic facilities to better house the Pop Warner Junior Football Teams.
Mr. McDonough moved for referral to the Legislative and Finance Committee, seconded by Mr. Hardcastle and unanimously carried.
Annexation Request - Delaware Home Builders
A letter was received from Hudson and Jones Law Offices, representing Delaware Home Builders, requesting annexation of 13.86 acres of land now owned by Frank Heite. Said land is adjacent to and west of Country Club Estates with frontage on Route #8.
Mr. Bewick moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Carey and unanimously carried.
Capital Green Day Care Center - City Sponsorship of HUD Grant Application
A letter was received from Mr. Willie G. Adams, President of the Capital Green Day Care Center, resubmitting the Board of Director’s request that the City sponsor the Day Care Center’s application for funds from the U.S. Department of Housing and Urban Development, under the Small Cities Program.
Mr. Robert Reed of the State Division of Economic Development was present, offering any assistance necessary in the application and advertisement for the grant. He explained that the grants are 100% funding and were devised to benefit low and moderate income level people. There is $1,048,000 available to Kent and Sussex County with a maximum placed upon a single applicant of $200,000. The application deadline is May 15, 1978 and requires two public hearings. The public hearings must be advertised fourteen (14) days prior to the date set. He also advised Council that certain administrative costs can be written into the grant application, which would provide a person to handle the project.
A general discussion followed with Mayor Legates advising Council that the City did not have the personnel to manage such a project, however, since the grant would not involve any funds of the City, it was the general feeling that those interested in applying should be given the opportunity and the application and management of such a grant would be good experience for the person or persons managing the grant.
Mr. Hodge pointed out that only fifteen days remains from March 27, 1978 to April 10, 1978 and Council was advised that it usually requires two days for insertion of an advertisement in the local paper.
Mr. McDonough moved to hold a public hearing on April 10, 1978 at 8:00 p.m. to receive input on a pre-application grant for community development funds with the City of Dover sponsoring an organization that Council would select from the hearing. The motion was seconded by Mr. Hardcastle and unanimously carried.
KENBRIT REZONING REQUEST - SOUTH BRADFORD STREET
A request was received from the Kenbrit Corporation to rezone property located on South Bradford Street for the purpose of constructing a professional office building. 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. Bewick, Council 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 South Bradford Street are presently zoned for RM 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 April 24, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RM to RG-0 that property located on South Bradford Street, owned by Kenbrit Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 13, 1978
REZONING REQUEST - GRIFFITH, AUEN & AUEN - SOUTH NEW STREET
A request was received from Mabel Griffith, Gene Auen and Marlene Auen to rezone property on South New Street. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Muir, seconded by Mr. McDonough, Council 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 South New Street are presently zoned for RG-1 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 April 24, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-1A that property located on South New Street (one acre), owned by Mabel S. Griffith, Eugene G. Auen and Marlene G. Auen.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 27, 1978
MT. ZION AME CHURCH - REQUEST TO ERECT DIRECTIONAL SIGNS
A request was received from Reverend Rudolph Coleman of the Mt. Zion AME Church to erect directional signs at various points in the City to guide out of state participants to an Annual Conference.
Mr. Roe explained that the signs will be professionally printed and of legal size. He added that if the signs were placed on Route #13, the location of same would have to be coordinated with the Department of Highways. This could be done through his office.
Mr. Bewick recommended removal, contingent upon Mr. Roe’s approval of the placement of the signs. The motion was seconded by Mr. Hardcastle and unanimously carried.
CANCER SOCIETY FINANCIAL REPORT
A financial report was received from the Cancer Society for review by Council. Mr. Muir moved for approval of the report as submitted, seconded by Mr. Carey and unanimously carried.
LANCE B. BARTEL - PROPOSED COMPUTER SYSTEM PURCHASE
A letter was received from Mr. Lance B. Bartel expressing concern of the recent approval of replacing the present City computer system, which he stated lacked an objective and equitable purchasing procedure that will function in the best interest of the City.
Mr. McDonough criticized the short notice given for the purchase of the equipment and the presentation to Council without adequate facts.
Mr. Hodge stated that his office has been studying systems for 16 months and has interviewed four perspective bidders. The system most advisable to the functions of the City was selected over 12 months ago when it was decided that the IBM proposal was more adequate to City usage. He added that the system selected is compatible with the County system that could be utilized in case of malfunction in the City equipment.
Mr. McDonough moved for acknowledgment of Mr. Bartel’s letter, seconded by Mr. Bewick. The motion was carried by a vote of four (4) yes, one (1) no - Mr. Carey - with three absent (Mr. Weyandt, Mr. Witt and Mr. Carson).
Mr. Bewick moved for adjournment, seconded by Mr. Hardcastle and unanimously carried.
MEETING ADJOURNED AT 9:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 27, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 31, 1978
db