REGULAR MEETING
March 13, 1978
The Regular Meeting of Council was held on March 13, 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.
AGENDA ADDITIONS
Mr. Witt requested an Executive Session to discuss personnel matters.
Mr. Hodge requested an additional agenda item for consideration of the purchase of a new computer.
Mr. Hodge requested an additional agenda item to present an update on Revenue Sharing Funds.
Mrs. Bittner requested an additional agenda item to present a rezoning request for property located on South Bradford Street, owned by Kenbrit Corporation.
MINUTES
The Minutes of the Regular Council Meeting of February 27, 1978 were unanimously approved by motion of Mr. Muir, seconded by Mr. Carey and bore the written approval of Mayor Legates.
RECESS
Council recessed for an Executive Session to discuss personnel matters. Council returned to the Chambers after a five minute Executive Session and Mayor Legates declared the meeting back to order and open session.
ESTABLISHMENT OF THE POSITION OF PERSONNEL DIRECTOR
Mr. Witt moved to recommend to the City Manager that a position of Personnel Director/Federal and State Fund Coordinator be established at a rate of G-24. The motion was seconded by Mr. McDonough and unanimously carried.
APPOINTMENT - TAX APPEALS COMMITTEE
Mayor Legates submitted the names of Councilmen Muir, McDonough and Witt to serve on the Tax Appeals Committee, which will sit on April 3 and 10, 1978 between the hours of 1:00 P.M. and 4:00 P.M. to hear appeals on individual contested assessments.
Mr. Weyandt moved to affirm the appointments, seconded by Mr. Hardcastle and unanimously carried.
ALTERATION TO A PORTION OF KINGS HIGHWAY
With the aid of an audio visual presentation, Mr. Woods conveyed to Council the proposed alterations to the Kings Highway intersection. Mr. Woods explained that the Veterans Monument will be moved closer to the curb, which will make it readily accessible to the public and in full public view.
Mr. Woods stated that he has spoken to representatives of all of the surrounding businesses and reported favorable reactions from all of those involved. The Delaware Veterans and the Dover Heritage Trail have also accepted the concept of the plan.
Mr. Bewick presented Council with a plan which was prepared by the Highway Department, which is basically the same concept as the plan presently being utilized. It was Mr. Bewick’s feeling that the plan as proposed by Mr. Woods is more pleasing to the eye, but it does not help the traffic problems at this intersection.
Mr. Ted Mercer, representing Mann-Talley, stated that the new plan would slow down the traffic to some extent and that it was aimed primarily at beautification of the area.
Mr. Witt stated that the proposed plan was not a part of the original plan and was concerned with the possibility of overspending the budgeted grant.
Mr. Weyandt moved that the bids include only that portion from the State Street intersection west to the New Street intersection, with the understanding that if enough money is left over from the original grant of $800,000 Council will at that time reconsider the proposed alterations to the Kings Highway intersection. The motion was seconded by Mr. Carey and carried by a roll call vote of five (5) yes, two (2) no (Mr. Hardcastle and Mr. Witt) with Mr. Carson absent.
Mr. Woods informed Council that he plans to have a recommendation to Council for awarding of the contract on May 22, 1978. He also stated that the pavement, sidewalking and curbing of Loockerman Street will be completed on or about November 1, 1978 and that at least one lane of traffic will be maintained on Loockerman Street at all times during construction.
PARKING - STATE COMPLEX
Mayor Legates requested clarification on a motion made in the Council meeting of February 27, 1978 in regards to recommendations by Chief Spence on parking in and around the State complex. It was Mayor Legates’ feeling that the Safety Advisory Committee’s recommendation included the acceptance of recommendations as presented by Chief Spence. However, the motion was not explicit in the Minutes and he requested a motion to clarify Council’s intent.
Mr. Hardcastle moved to adopt the recommendations as prepared by Chief Spence in reference to parking in and around the State complex. The motion was seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 6, 1978 with Chairman Hardcastle presiding.
Capital School District - Request for Pier
The Committee considered a request from the Capital School District to construct a pier, no to exceed 30', on Silver Lake directly behind Dover High School. The pier would enable students in the Environmental Studies Program to take water samples from several depths which is impossible to do from the shoreline.
It was the recommendation of the Committee that the request to build a pier, not to exceed 30', be approved with the stipulation that all requirements found in Section 21-18 of the City of Dover Parks and Recreation Regulations are met and that the Capital School District must assume all liabilities.
Mr. Hardcastle explained that the pier would be located within a cove where boating use would be prohibitive.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Hardcastle moved for acceptance of the Safety Advisory Committee, seconded by Mr. McDonough and unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met on March 6, 1978 with Chairman Hardcastle presiding.
Keep America Beautiful - Request for Letter of Support
A request was received from Sherri Evans, State Coordinator for Keep America Beautiful, requesting a letter of support for attachment to the Clean Community System application to be presented at a Keep America Beautiful Seminar on March 9 and 10, 1978.
It was the recommendation of the Committee that this matter be referred to Council for their action.
Mr. Woods reported that a representative from his department attended the seminar and that the main goal of this organization is to make people aware of litter. At some future time, their goals will be aimed at a resource recovery program, however, at present this is strictly an awareness program.
Mr. Weyandt moved that the requested letter be sent, stating that the City of Dover supports the awareness program. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Hardcastle moved for acceptance of the Parks, Playgrounds and Trees Committee Report, seconded by Mr. Weyandt and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met on March 7, 1978 with Chairman Bewick presiding.
Annexation Request - Kennedy and Kenbrit Corporation - Wyoming Avenue Area
The Committee considered an annexation request from Mrs. J.A. Kennedy and Kenbrit Corporation for their properties located in the Wyoming Avenue area.
Because of the difficulties encountered in servicing a deadend street, staff recommended that the two parcels of land not be considered for annexation but rather that annexation be considered for all of Wyoming Avenue, State Street to Puncheon Run Stream and Governors Avenue to Puncheon Run Stream.
It was the recommendation of the Committee that a dual annexation referendum be held; one being the entire area as proposed by staff and the smaller one being the two properties requesting annexation (with the possibility of including the Hurd property if interest is shown).
Mr. Weyandt was concerned with annexing properties in this fashion and felt that the referendum should square off the City limits, such as annexing the Hurd property, the Kennedy property, the Kenbrit property and all properties facing South Governors Avenue, approximately 970' south to align with the boundary lines of the Kenbrit property. This would allow for annexation of a squared-off area in comparison to spot annexation which creates problems for the City in servicing the properties.
Mr. Bewick moved that an annexation referendum be held on April 14, 1978 between the hours of 1:00 p.m. and 7:00 p.m., seconded by Mr. McDonough. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council approved the annexation referendum (#1) and adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 south side of Wyoming Avenue, and hereinafter more particularly described 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 herein be annexed to 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 bounded as follows: on the west by the westerly line of South Governors Avenue, being the present boundary of the City of Dover; on the north by the northerly line of Wyoming Avenue being the boundary of the City of Dover; on the east by the easterly line of South State Street, being the present boundary of the City of Dover; on the south in part by the northwesterly line of U.S. Route 13 as it extends from the easterly line of South State Street to the centerline of Puncheon Run Stream, and in part by the centerline of Puncheon Run Stream as it extends from the northwesterly line of U.S. Route 13 to the westerly line of South Governors Avenue.
Containing 28.8 acres (0.045 square miles) more or less.
2. That an election be held on the 14th day of April, A.D. 1978, commencing at the hour of 1:00 p.m. in the Caucus Room of City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED MARCH 13, 1978
Mr. Bewick moved that an annexation referendum be held on April 14, 1978 between the hours of 1:00 p.m. and 7:00 p.m., seconded by Mr. McDonough. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council approved the annexation referendum (#2) and adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 votes 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 south side of Wyoming Avenue, and hereinafter more particularly described 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 herein be annexed to 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: Those three (3) lots of land lying on the south side of Wyoming Avenue, extending between the easterly line of South Governors Avenue and the westerly line of South Bradford Street, having a depth of about 139'; also, those seven (7) lots of land lying south of the aforementioned three lots, and being on the westerly side of South Bradford Street, identified as lots 16 through 22 of a plot of “South Dover Acres”, recorded in the Kent County Recorder of Deeds Office in plat book 1, page 41, the southeasterly corner of lot 22 being about 504.2' south of the southerly line of Wyoming Avenue, the depths of these lots varying from about 131' at lot 16 to about 133.6' at lot 22; also, those seven (7) lots of land lying south of land adjoining the above mentioned lots, identified as lots 1 through 7 of a plot of Beatrice Berry Lands, recorded in the Kent County Recorder of Deeds Office in plat book 1, page 149, being bounded on the east by the extended centerline of South Bradford Street, and on the south by lands now or late of Frank Minner, the southeasterly corner of lot 7 being about 850.8' south of the southerly line of Wyoming Avenue, the depths of these lots varying from about 151.1' at lot 1 to about 153' at lot 7 as measured perpendicularly from the extended center line of South Bradford Street; also, 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 aforesaid “South Dover Acres”.
Containing 5.3 acres (0.008 square miles) more or less.
2. That an election be held on the 14th day of April, A.D. 1978, commencing at the hour of 1:00 p.m. in the Caucus Room of City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED MARCH 13, 1978
Mr. Bewick moved that an annexation referendum be held on April 14, 1978 between the hours of 1:00 p.m. and 7:00 p.m., seconded by Mr. McDonough. By a roll call vote of seven (7) yes, one (1) absent (Mr. Carson) Council approved the annexation referendum (#3) and adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
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 south side of Wyoming Avenue, and hereinafter more particularly described 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 herein be annexed to 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 extend 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 line of Wyoming Avenue as measured along its westerly line; also, the right-of-way of South Governors Avenue as it extends 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 its abuts lots of “South Dover Acres” 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 Records 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 an election be held on the 14th day of April, A.D. 1978, commencing at the hour of 1:00 p.m. in the Caucus Room of City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED MARCH 13, 1978
Amendment to Ordinance to Allow Use of Shallow Wells
In considering the request for shallow wells for the use of manufacturers and possible irrigation for individual property owners, it was the Committee’s recommendation that an amendment be prepared by Mr. Rodriguez and a date set for a public hearing.
Mr. Bewick moved that the amendment be prepared by Mr. Rodriguez and submitted to Council at their next regular Council meeting, at which time a date will be set for public hearing. The motion was seconded by Mr. Hardcastle and unanimously carried.
Annexation Request - Ralph Jones - 152 Mifflin Road
Mr. Bewick informed Council that it was the recommendation of the Committee that action on this request be deferred until the next Committee meeting to allow time for further research by staff. However, since that time Council has received a letter from Mr. Jones stating that he has dire need for City sewer and urged Council to take action at their earliest convenience.
Mr. Bewick stated that as soon as the needed information is available, he would call a special committee meeting to make a recommendation to Council on this annexation request.
Holiday Trash Collection
It was the recommendation of the Committee that the Holiday Trash Collection System, which has been in effect for the last few months, be accepted as normal policy when a holiday falls on a Monday or Tuesday.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Muir and unanimously carried.
By motion of Mr. Muir, seconded by Mr. Hardcastle, the Utility Committee Report was unanimously accepted.
CORRESPONDENCE
Del Mar Va Boyscouts - Request for Campfire
A letter was received from William R. Brown, Two Bays District Commission/Del Mar Va Boyscout Council, requesting permission for open fires to be utilized at Dover Downs on May 5 and 6, 1978 during their Annual Scout Show. The letter stated that campfires would be supervised be a staff of adults and senior scouts.
The Fire Marshal informed Council that he has approved similar requests in the past.
Mr. Weyandt moved for approval of the request, seconded by Mr. Carey and unanimously carried.
Reichold Chemicals, Inc. - Request for City Water
A letter was received from Mr. R.D. Hadgcraft, Vice-President of Manufacturing for Reichold Chemicals, Inc., requesting that the City consider supplying some or all of their water requirements. In the past they have supplied all of their water needs from wells located entirely on their property, located near Cheswold. Since that supply has dwindled, they are forced to consider other sources of water.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
Greater Dover Chamber of Commerce - Delmarva Chicken Festival
A letter was received from Mr. Ted Barrell, Vice-President and Chairman of the Greater Dover Chamber of Commerce, requesting permission for a waive of all City licenses for participants in the 31st Annual 1978 Delmarva Chicken Festival. The festival will be held on June 2, 3, & 4, 1978 at Delaware State College.
Mr. Roe stated that it has been past procedure to exempt charitable organizations only.
Mr. Witt moved to authorize Mr. Roe to advise the Chamber of Commerce of the City’s present ordinances for permits for profitable and non-profitable organizations. The motion was seconded by Mr. Carey and unanimously carried.
PURCHASE OF NEW COMPUTER
Mr. Hodge stated that the City is in need of a new computer system and supplied Council with a comparative list showing the costs of purchasing versus leasing costs. A new computer would cost approximately $80,000 in comparison to a leasing agreement with the County which would far exceed the purchase price.
It was the Acting City Manager’s recommendation that he be authorized to purchase a new disc computer system at the price of approximately $80,000.
In response to a question by Mr. McDonough, the Finance Director stated that some additional costs such as converting from cards to discs and training of employees in the new system was not included in the purchase price of the computer. It was the Finance Director’s opinion that many of the additional costs would be offset by the monies saved with use of the new computer.
Mr. McDonough felt that requests of this nature should be referred to the Legislative and Finance Committee to allow for more research into the costs involved.
Mr. Witt moved for the recommendation of the Acting City Manager, seconded by Mr. Muir and unanimously carried.
REVENUE SHARING UPDATE
To allow time for proper notification and advertisement of the hearing, Mr. Hodge informed Council that the deadline for Revenue Sharing Requests has been set for March 15, 1978.
REZONING REQUEST - KENBRIT CORPORATION - SOUTH BRADFORD STREET
A request was received to rezone property located on South Bradford, owned by Kenbrit Corporation, for the purpose of constructing a professional office building.
Mayor Legates stated that the property is not within the limits of the City of Dover and therefore declared the request out of order.
Meeting Adjourned at 9:15 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 13, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 20, 1978
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