REGULAR MEETING
September 12, 1977
The Regular Meeting of Council was held on September 12, 1977 at 7:30 P.M. with Mayor Legates presiding. Council members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
The City Clerk requested an agenda item under correspondence, relating to a letter from D.O.I.C. requesting permission to hold an outdoor fair at the City recreation facility on Whiteoak Road.
MINUTES
The Minutes of the Regular Council meeting of August 8, 1977 were approved by motion of Mr. Muir, seconded by Mr. Carson and unanimously carried. The Minutes bore the written approval of Mayor Legates with the exception of a correction which would include the presence of Mr. Hardcastle, which will be corrected by the Office of the City Clerk.
RESOLUTION - $500,000 LOAN
Mr. Muir moved for the adoption of a resolution to facilitate the borrowing of $500,000 to be deposited in the General Fund, seconded by Mr. Weyandt.
Mr. McDonough asked if changing the tax year might not be worth considering since the necessity of borrowing each year at this time is caused because most of the income from taxes is received in May. He suggested that if the bulk of tax income was received in July, borrowing and paying interest annually might not be necessary.
By a unanimous roll call vote, Mr. Hardcastle absent, Council adopted the following resolution.
WHEREAS, the City of Dover needs to borrow the sum of $500,000 to be deposited in the general fund for the purpose of meeting current financial needs; and
WHEREAS, the City of Dover shall repay this loan on or before June 30, 1978.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. That the City of Dover shall borrow the sum of $500,000 to supplement the general fund for the purpose of meeting current financial needs which loan shall be repaid on or before June 30, 1978.
2. That the City Manager is authorized to secure a loan in the amount of $500,000 at the best possible terms.
ADOPTED SEPTEMBER 12, 1977
MONTHLY REPORTS
Chief of Police Report for the Month of July
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously approved the Chief of Police Report for the Month of July.
Building Inspector and Fire Marshal Report for the Month of July
By motion of Mr. Bewick, seconded by Mr. McDonough, Council unanimously approved the Building Inspector & Fire Marshal’s report for the Month of July.
City Planner Report for the Month of July
By motion of Mr. Witt, seconded by Mr. Muir, Council unanimously approved the City Planner’s Report for the Month of July.
City Alderman Report for the Month of July
The City Alderman Report for the Month of July was unanimously accepted by motion of Mr. Bewick, seconded by Mr. McDonough. Total fines remitted $1,160.00.
General Fund - Cash Receipts Report for the Month of July
The General Fund Cash Receipts Report for the Month of July was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
General Fund - Budget Report for the Month of June
The General Fund Budget Report for the Month of June was unanimously approved by motion of Mr. McDonough, seconded by Mr. Muir.
Electric Revenue Fund, Cash Receipts Report for the Month of July
The Electric Revenue Fund, Cash Receipts Report for the Month of July was unanimously approved by motion of Mr. McDonough, seconded by Mr. Bewick.
Electric Revenue Fund - Budget Report for the Month of June
The Electric Revenue Fund, Budget Report for the Month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Improvement Fund, Cash Receipts & Disbursements Report for the Month of July
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of July was unanimously approved by motion of Mr. McDonough, seconded by Mr. Weyandt.
Library Fund, Cash Receipts & Disbursements Report for the Month of July
The Library Fund, Cash Receipts and Disbursements Report for the month of July was unanimously approved by motion of Mr. McDonough, seconded by Mr. Carey.
City Manager Report for the Month of July
The Assistant City Manager informed Council that a written City Manager’s Report would be submitted for the Month of August.
Questioned by Mr. Witt, Mr. Hodge explained that the rebate from Delmarva Power and Light, as a result of a court order, will have an effect on 69KV customers, i.e. Dover Air Force Base, General Foods and the City of Dover. This current furnished by Delmarva Power and Light was metered and utilized by the aforementioned only. The rebate will not include any other commercial or residential customers. When received, the rebate will be credited to the Electric Revenue Fund for Council’s action to disburse.
By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously approved the City Manager’s statistical report.
J.P. COURT #7 REPORT - JULY
A check was received from J.P. Court #7 for the Month of July in the amount of $11,955.93. Mr. Willis reported that a City audit on deferred payments will be available, effective September 30, 1977.
Mr. Weyandt moved for approval of the report, seconded by Mr. Bewick and unanimously carried.
UTILITY COMMITTEE REPORT
Proposed Sewer Line - Puncheon Run
Chairman Bewick reported on the concern of residents adjacent to Lynnhaven Drive and Puncheon Run Stream related to a proposed sewer line in the rear of their properties. He reported to Council that Mr. Woods is exploring alternate routes for the sewer line; one being along Lynnhaven Drive in front of the properties. When the plans are completed, citizens of the area will be invited to a Committee meeting for discussions and input before final recommendations are submitted.
Conrail Noise
Citizens adjacent to New Burton Road were present at the Utility Committee meeting objecting to the noise created by the Conrail marshaling yards.
The City Solicitor was directed to examine the legal options that exist in terms of advising Conrail that Council directs the removal of the marshaling yards from the City of Dover.
Mr. Rodriguez reported that the railroad is regulated by the Federal Department of Transportation. This department enforces EPA regulations. He recommended further action through the office of Senator Roth.
Mr. Bewick referred to an EPA document which indicates that a marshaling yard can be controlled by local ordinances. It was his opinion that the Utility Committee is recommending that a local ordinance be drawn that would prohibit marshaling or switching or railroad cars except for local industry, such as General Foods.
The Solicitor agreed that this would be proper as long as the ordinance did not conflict with the federal legislation.
Mr. McDonough moved that the City Solicitor draft an ordinance that would prohibit marshaling and switching of railroad cars by Conrail within the City limits of Dover and that a public hearing be held on September 26, 1977 at 8:00 P.M. The motion was seconded by Mr. Bewick.
Questioned by Mr. Weyandt, Mayor Legates stated that he had received a letter from Senator Roth and had conversed with him by telephone.
Senator Roth requested a meeting with the President of Conrail, Mayor Legates and local representatives. He has also directed the Director of the Environmental Protection Agency to do a technical study of Conrail’s switching operation to include recommendations to reduce the noise or eliminate same.
It was Mayor Legates’ wishes to have the results of that meeting before the date of the public hearing to adopt the ordinance.
By a unanimous roll call vote, Mr. Hardcastle absent, Council approved the drafting of a proposed ordinance.
PUBLIC HEARING - 541 E. LOOCKERMAN STREET REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of 541 E. Loockerman Street, owned by Walter M. & Juanita Deputy. Mayor Legates declared the hearing open.
Mr. Walter M. Deputy was present and stated that he purchased the property as a commercial investment and objected to the rezoning. He pointed out the predominate commercial surroundings.
Mr. Bewick explained that he introduced the request for rezoning based on concern of residents that the area is experiencing creeping commercialism. There is no recommendation from the Planning Commission since they did not meet during the month of August.
Mayor Legates declared the hearing closed.
Mr. Bewick moved for denial of the rezoning from C-4 to R-10, seconded by Mr. Weyandt. By a unanimous roll call vote, Mr. Hardcastle absent, Council denied the rezoning.
PUBLIC HEARING - ABANDONMENT OF THE EXTREME WEST END OF WILLIAM STREET
A public hearing was duly advertised for this time and place to consider the adoption of a resolution that would abandon a portion of William Street adjacent to property of Delmarva Warehouses, City of Dover and Conrail Railroad. Mayor Legates declared the hearing open.
There was no one present to speak for or against the abandonment and no correspondence.
Questioned by Mr. McDonough and Mr. Weyandt, the Assistant City Manager explained that the portion of William Street to be abandoned is a deadend and will be utilized by the City for security parking with fencing. In addition, 9.8 feet of the Delmarva Warehouse encroaches on the street right of way and said 9.8 feet will revert to Delmarva by a quick claim deed.
Mayor Legates declared the hearing closed.
By a unanimous roll call vote, Mr. Hardcastle absent, Council adopted the following resolution.
A RESOLUTION VACATING AND ABANDONING CERTAIN STREETS AND ALLEYS SITUATED ON THE EXTREME WEST END OF WILLIAM STREET.
Be It Resolved By The Council of The City of Dover:
Section 1. The Council of the City of Dover hereby vacates and abandons the extreme west end of William Street, described as follows:
All that certain piece of parcel of land constituting a portion of William Street in the City of Dover, East Dover Hundred, Kent County, Delaware, lying at its western terminus, west of but not adjoining Pear Street, and abutting lands of The City of Dover on the south, right-of-way formerly of Delaware Railroad Company now Conrail Railroad on the west, lands of Delmarva Warehouse, Inc. on the north, and the right-of-way of William Street on the east, and being more particularly described as follows, to wit:
Beginning at a point in the southerly line of William Street, 60' wide in line of lands now of The City of Dover Warehouse, said point being S 81o 35' W, 343.61' from the intersection of the southerly line of William Street with the westerly line of Pear Street, 60' wide;
Thence, continuing with the southerly line of William Street, and with line of lands of The City of Dover, S 81o 35' W, 142.45' to a point in the easterly right-of-way line formerly of the Delaware Railroad Company, now Conrail Railroad;
Thence, with the easterly right-of-way line of said railroad, parallel to the northerly tracks and at a distance of 29.50' from the centerline of said tracks as measured at right angles thereto, N 27o 04' W, 63.33' to a point at its intersection with the northerly line of William Street;
Thence, running with the northerly line of William Street, and with line of lands of Delmarva Warehouses, Inc., passing through a brick warehouse building, N 81o 35' E, 162.70' to a point at its intersection with the easterly face of said warehouse building;
Thence, crossing William Street, S 8o 25' E, 60.00' to the point and place of beginning; and containing 0.210 acres of land more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid extreme west end of William Street no compensation is awarded.
Section 3. This resolution shall become effective at 12:01 a.m. on September 13, 1977.
ADOPTED SEPTEMBER 12, 1977
Proposed Application Form - Utility Rate Increase Requests
Chairman Bewick stated that it is the Committee’s intention to develop an application from requiring specific information from utilities requesting rate increases.
At a previous Committee meeting a form used by the Public Service Commission was received. Attorney for Delaware Teleservice, Max Terry, Jr., was present and requested an opportunity to review the form before the Committee officially acted on a recommendation to Council.
In accordance with Mr. Terry’s request, the Committee deferred action on the application.
At the next regular meeting of the Utility Committee, it is their intention to adopt the Public Service Commission form or a modified version thereof.
Annexation Request - Joseph Burden - 331 State College Road
The Utility Committee next considered a request by Joseph Burden of 331 State College Road to annex his property into the limits of the City of Dover.
Mr. Hodge explained that no additional cost is anticipated by the Electric Department to extend utilities. Water is available but sewer is not available and would not be installed unless the entire area is annexed. Mr. Burden is aware of this fact.
The Committee recommended approval of the annexation to include that portion of State College Road from the center line of Fork Branch Bridge west to McKee Road.
Mr. Bewick moved that an annexation referendum by held on October 21, 1977, seconded by Mr. McDonough. By a unanimous vote, Mr. Hardcastle absent, Council approved the annexation referendum 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 north side of State College Road and west of the present City limits, 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 piece or parcel of land contiguous to the boundary of The City of Dover, lying on the north side of Kent County Road #99, known as “College Road”, being lot #151 of a plot of “The College Settlement Company”, of record in the office of Recorder of Deeds for Kent County in Deed Record Book E, Volume 8, Page 76, having a front on College Road of 50' and extending back in a northerly direction between parallel lines a distance of 200'; the dividing line between this lot #151, and adjoining Lot #152 being the boundary of The City of Dover prior to this annexation;
Together with the right-of-way of said College Road extending from the centerline of St. Jones River on the east, westerly to the easterly right-of-way line of Kent County Road #156, known as McKee Road, on the west;
Containing a total area of 4.05 acres of land, more or less.
2. That an election be held on the 21st day of October, A.D. 1977, commencing at the hour of 1:00 P.M. in the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation 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 SEPTEMBER 12, 1977
David Perman - Fuel Adjustment
Mr. Hodge reported that a representative from Middle West Consultants will meet with personnel of the City Manager’s office and McKee Run Power Plant to further discuss the method of fuel adjustment calculations, as presented by David Perman.
Water Tap Request - Dr. Mishoe - State College
A request from Dr. Mishoe for a water tap to serve several of his properties on State College Road was discussed at length by the Committee. It was explained that the property involved does not meet subdivision requirements. However, if Council chose to deviate from the requirements of the City, a tap could be made at the main in State College Road with a meter at that point to serve the entire area.
The Committee recommended that Dr. Mishoe be permitted to tap into the water system, assuming the responsibility of all applicable charges. The water would be metered at the public right-of-way, serving his property and all installations will meet City standards. If and when the area is developed in accordance with land subdivision regulations and public rights of way, a water system will be installed in accordance with City established practices and regulations.
Mr. Roe stated that although the area is in bad need of water, Council would be in error to allow such an installation, pointing out the non-conformity of the area. In his judgement this would be bad planning and has conveyed these feelings to Dr. Mishoe.
Mr. Bewick agreed that the request contained peculiar circumstances and the area did not meet certain standards, but the fact remained that people in the development are in dire need of water. He felt that consideration should be given to the health and welfare of citizens living in the area.
Mr. Bewick moved that the tap be permitted as outlined in the Committee recommendation, seconded by Mr. McDonough. By a roll call vote of five (5) no, two (2) yes, Mr. Witt and Mr. Bewick, the request was denied.
Mr. McDonough explained his negative vote, stating that he was not aware of the Planner’s objections when the Committee considered the matter.
Proposed Tapping Fees
In considering the proposed tapping fees for sewer and water, the Committee recommended approval. They pointed out the advantages of establishing an average cost per tap which will be payed in advance and suggested an annual review for assurance that the fees are realistic.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. McDonough.
By a unanimous roll call vote, Mr. Hardcastle absent, council adopted the following water and sewer tapping fee schedule.
City Residents (Previously Assessed)
Water 3/4" $250
1" 300
1½” & over Time & Material
Sewer 4" service line 350
over 4" Time & Material
City Residents (No Previous Assessment)
Water Tapping Fees 600
Installation
Charges 3/4" service line 250
1" 300
1½" & over Time & Material
Sewer Tapping Fee $900
Installation
Charges 4" service line 350
over 4" Time & Material
Non Residents
Water Tapping Fee 1,500
Installation
Charges 3/4" service line 250
1" 300
over 1½" Time & Material
Sewer Tapping Fee 1,700
Installation
Charges 4" service line 350
over 4" Time & Material
1. All service lines to be installed by City forces to the curb line of property line as required.
2. Water service lines will be provided with a curb stop for connection by customer.
3. Customer required to purchase and install a water meter. Meter to be purchased from City at their cost.
4. All fees shall be paid before any service line is installed.
Commercial and Industrial properties will be quoted for utility services on an individual basis but in no case will the tapping fee be less than that charged residential users.
William Holden Subdivision Litigation
The Committee discussed a past due bill in the amount of $966.11 related to the William Holden subdivision and recommended the following procedure, as outlined by the City Solicitor.
1. Holden will pay all court costs incurred in the Superior Court and in Justice of the Peace Court #7.
2. Holden will post a bond or deposit cash or provide other security satisfactory to the City Manager to assure payment for installation of all utilities and improvements on Bedford Drive required by the Subdivision Regulations. In lieu thereof, Holden would enter into a written agreement with the City, prepared by his attorney and approved by the City Manager, agreeing to pay the above charges or make the necessary installations stated above at such time and upon such terms as will be approved by the City Manager as stated in the agreement.
3. The City will dismiss the judgement obtained in Justice of the Peace Court #7 and release Holden from the claim asserted therein.
Mr. Bewick moved for the recommendation of the Committee, as outlined above, seconded by Mr. McDonough and unanimously carried.
Allocation of $50,000 - Street Resurfacing Program
The Committee recommended that the remaining $50,000 earmarked for street resurfacing, be utilized to resurface streets in the one, two, three and a portion of four priority categories as prepared by the Engineering and Public Works Department. In addition, it was recommended that Warren Brothers perform the work under the same contract conditions that applied to resurfacing, awarded in the spring.
Mr. Bewick explained that there was no maximum upset clause in the contract which stipulates a reasonable price of $20.50 per ton of blacktop in place.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. McDonough and unanimously carried.
Joint County-City Meeting - Puncheon Run Pumping Station
Mr. Bewick reported that a meeting will be arranged with the County to discuss the sewage overflow charge and the Puncheon Run Pumping Station.
By motion of Mr. Muir, seconded by Mr. McDonough, Council accepted the report of the Utility Committee unanimously.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 29, 1977 with Chairman Muir presiding.
Affirmative Action Policy
After reviewing the proposed City of Dover Affirmative Action Policy and implementing certain revisions, the Legislative and Finance Committee recommends adoption of the policy.
Mr. McDonough moved for adoption of the policy, seconded by Mr. Bewick and unanimously carried.
YMCA Request - Funding of NYPUM Program
The Committee considered a request from the YMCA for $2,500 to fund their NYPUM Program for an additional year.
The Committee deferred action on the request, pending research of possible sources of funding from the City.
Chairman Muir explained that the funds will not be needed until January 1, 1978.
Library Commission Appointments
In considering the continuance of a Library Commission as a separate body from Council, the Committee recommended that the Commission remain as a functioning body with all appointments confirmed by Council.
Mr. McDonough moved for the recommendation of the Committee, seconded by Mr. Carey and unanimously carried.
Mayor Legates presented the name of Dr. James A. Hill for a five year term as a member of the Library Commission.
Mr. Muir moved for the recommendation of the Mayor, seconded by Mr. McDonough and unanimously carried.
Police Photographer Job Description
After reviewing the job description for a Photo-Lab Technician the Committee recommended a salary scale classification of G-14, or if necessary G-15, based on Chief Spence’s effort to fill the position. Further that the job description be adopted as submitted.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. McDonough and unanimously carried.
Lieutenant Job Descriptions
The Committee recommended approval of the written job description for the position of Lieutenant in the City of Dover Police Department as submitted by Chief Spence.
Mr. Witt moved for approval of the recommendation, seconded by Mr. McDonough and unanimously carried.
Update - Civilian City Salary Scale
As recommended by the Legislative and Finance Committee, Mr. Witt moved for approval of the updated civilian City Employee Salary Scale, seconded by Mr. Muir.
Mr. Weyandt expressed his desire to hold a Council Executive Session to further discuss the proposed scale.
Mr. Witt withdrew the motion as did Mr. Muir his second.
Mr. Weyandt moved that Council hold a future Executive Session to discuss the proposed updated City Employee Salary Scale, seconded by Mr. Hardcastle and unanimously carried.
Chairman Muir requested that a decision be reached in time for implementation of the salary scale as of January 1, 1978.
Ambulance Fee Study
In view of the Committee’s recommendation, Mr. Witt moved that a public hearing be held on September 26, 1977, at 8:00 p.m. to consider increasing ambulance fees to a $35 charge to City residents, $50 for non-residents and 50¢ a mile for out of district runs for both emergency and non-emergency cases. The motion was seconded by Mr. Bewick.
The Assistant City Manager informed Council that Mr. James has prepared a revised ambulance fee proposal which does not differ excessively from the Committee recommendation except for in City resident fees. He suggested that Council might want to delay action on the matter until the Committee has reviewed Mr. James’ proposal.
Mr. Hardcastle moved to table action on ambulance fees for the purpose of reviewing the City Manager’s proposal, seconded by Mr. Carey. The motion to table failed by a vote of four (4) yes, Mr. McDonough, Mr. Muir, Mr. Hardcastle and Mr. Carey and four (4) no, Mr. Weyandt, Mr. Witt, Mr. Carson and Mr. Bewick.
Mr. Witt stated that the purpose of considering the increased fees is based on the fact that City residents are subsidizing non-residents and also insurance companies who cover many residents for ambulance service. It was his wish that Council have necessary time to review Mr. James’ proposal in preparation for a final discussion on September 26, 1977.
Mr. Hodge stated that there is some question on charging City residents due to federal funding and regulations that might prohibit same.
Mr. Weyandt reminded Council that local businesses are paying high insurance rates to furnish employee insurance to cover ambulance fees. He did not think it fair to City taxpayers to be required to subsidize non-resident ambulance service.
On a vote to adopt the recommendation of the Legislative and Finance Committee to hold a public hearing on September 26, 1977 at 8:00 p.m. to consider the fees, Council unanimously approved.
Cut-Off Time - Council Meetings
The Committee discussed a cut-off time for Council meetings and recommended that a meeting deadline of 10:30 p.m. be considered with the exception of emergencies, pending public hearings or an unfinished agenda item.
Mr. McDonough explained his opposition to the recommendation, stating that Council’s purpose is to air public business on a current basis without the necessity of having holdover items.
Mr. Weyandt felt that the agenda should be prepared seven days prior to a meeting with no added agenda items at the time of the meeting. This would alleviate the necessity of a cut-off time.
Mr. Witt stated the concept of a cut-off time adopted by other cities in that it forces a body to effectively expedite the agenda business and prevents unnecessary lengthy discussions.
Mr. Witt moved to dismiss the idea of a Council cut-off time, seconded by Mr. Bewick and unanimously carried.
City-County Computer System Merger
Chairman Muir reported that a meeting will be arranged with the County in the near future to discuss a City-County computer system merger.
Unemployment Compensation Insurance
The Committee discussed a new law which requires municipalities to carry unemployment compensation insurance with the following choices available to the City of Dover.
1. Self-employment Insurance - Reimbursement of exact amount of monies spent throughout the year for any persons receiving unemployment compensation through the City.
2. State Insurance Premium - Based on employee salaries. This method would cost approximately $26,000 per year in insurance premiums.
The possibility of hiring the firm Reeds-Roberts, to administer the City’s entire plan, at a rate of $1.75 per employee, was also discussed.
A report to Council will be forthcoming after a complete study by the Office of the City Manager.
Travel Accident Insurance
Due to a request of Council, the City Manager’s Office obtained premium fees in the amount of $559 per year that would cover Council, City officials and Staff members during travel on official business outside the corporate limits of the City of Dover.
It was the recommendation of the Committee to authorize the City Manager to purchase this insurance that would cover 38 positions in the amount of $100,000 per participant.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Bewick and unanimously carried.
Long Term Employee Disability Insurance
The City Manager’s office reported to the Committee the results of inquiries into a proposed long term disability insurance program for employees.
The coverage would begin after the 52nd week of disability and would provide 60% of monthly earnings through age 65, with a maximum benefit of $2,000 per month. The annual premium for the coverage would amount to $9,735. It was suggested that an employee would bear 50% of the cost of this coverage with the option to refuse same.
The Committee delayed action on the above in favor of additional study before a recommendation to Council.
By motion of Mr. McDonough, seconded by Mr. Weyandt, Council approved the Legislative and Finance Committee report as submitted.
PARKS, PLAYGROUNDS & TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on September 6, 1977 with Chairman Hardcastle presiding.
Proposed Park Area, Peterseil Tract
Mr. Nicholas Brown, representing Mr. Peterseil was present to present detailed plans for the proposed parkland in the Peterseil Development.
After considerable discussion, the Committee tabled action on this matter pending further input from Mr. Roe, Mr. Woods and other members of Staff.
Dumping of Dirt on Banks of Silver Lake Cemetery
Mr. Weyandt reported that he had personally inspected the banks of Silver Lake Cemetery, bordering Silver Lake, in relation to a complaint that the cemetery is gradually encroaching on the lake by a practice of dumping excess dirt. It was his opinion that erosion from the lake is actually endangering certain portions of the cemetery property to an extent that additional fill may be necessary.
Mr. Hardcastle agreed to contact Mr. Pardee, who chairs the Committee at Wesley Church that is responsible for the maintenance of the cemetery.
Dover Century Club - Trees & Benches - Park Area - Mirror Pond
The Committee considered a request from the Dover Century Club to place trees and benches in the park area near Mirror Pond and recommended approval stipulating that all installations meet the approval of members of the City Staff.
By motion of Mr. Hardcastle, seconded by Mr. Witt, Council unanimously approved the recommendation.
Rental of Canoes - Silver Lake
Mr. H. Cubbage Brown, Jr., presented a plan to the Committee which would initiate the renting of canoes by private individuals for use on the lake.
The Committee discussed their concern with mixing power boats with canoes and possible liability to the City but approved the concept of the request.
It was their recommendation that the activity be approved, providing the City would not be liable and suggested that Mr. Knox work out a program with Mr. Robert Mooney and Mr. Michael Shea in preparation for 1978.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt and carried, with Mr. Carey voting no.
Mr. Weyandt moved for acceptance of the Committee report, seconded by Mr. Hardcastle and unanimously carried.
Mr. Hardcastle moved for an executive session to discuss matters pertaining to the Parks, Playgrounds and Trees Committee. The motion was seconded by Mr. McDonough and unanimously carried.
Mr. McDonough suggested convening at this time for executive session and a change of recording tape. Mayor Legates declared a fifteen minute recess.
SAFETY ADVISORY REPORT
The Safety Advisory Committee met on September 6, 1977 with Chairman Hardcastle presiding.
Fire Lane - Reed Street
The Committee considered a request by Chief Spence to declare a fire zone from the northeast corner of Governors Avenue and Reed Street east to the alley to prevent parking which hampers the exit of equipment from Robbins Hose Company.
The Committee recommended approval of the request, noting that Chief Kemp concurs with the fire zone.
Mr. Hardcastle moved to approve the recommendation, seconded by Mr. Muir and unanimously carried.
Mr. Witt moved that an ordinance be drafted to declare the above fire zone and that a public hearing be held on September 26, 1977, at 8:00 p.m. The motion was seconded by Mr. Carey and unanimously carried.
Wesley College Parking
Chairman Hardcastle informed Council of a report from Mr. Michael Bright, representing Wesley College, on the progress of the College to alleviate some of the parking problems created by students on North Bradford Street.
Mr. Bright outlined plans that would immediately release fifty student parking spaces and create additional parking lots with lighting.
The City Clerk was directed to notify representation of concerned residents on North Bradford Street of the reported progress.
Parking Study - City of Dover
Mr. Hardcastle reported a continued study into the parking problems in certain sections of the City adjacent to residential areas. No action was submitted by the Committee.
No Right Turn on Red - State and North Streets
Referring to the recent recommendation by Chief Spence to prohibit a right turn on a red traffic signal at various intersections throughout the City and eventual denial of the ordinance by Council, Mr. Hardcastle related to the recommendation of the Committee to prohibit a right turn on red at the intersection of North and State Streets, for traffic traveling east on North Street turning south on State Street.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt.
Mayor Legates commented on the confusion that might be caused by prohibiting such a turn at only one intersection in the City and reminded Council of their rejection of Chief Spence’s original recommendation.
On a call for a vote on Mr. Hardcastle’s motion, the recommendation was defeated by a voice call vote.
Traffic Signs - Bicentennial Village - The Greens of Dover & Presidential Courts
Chief Spence presented the following streets for specific traffic control signs explaining that many of the streets have not been accepted by the City, but are carrying a traffic count that warrants proper signing. The ordinances would be effective upon erection of the signs, pending final acceptance of the streets by the City of Dover.
Bicentennial Village
Stop Signs
Independence Blvd. & Walker Road (already in place)
Freedom Drive (north) & Independence Blvd.
Liberty Drive & Independence Blvd.
Liberty Drive & Freedom Drive
Freedom Drive (south) and Independence Blvd.
Independence Blvd. & Route #8 (already in place)
Yield Sign
Freedom Place & Freedom Drive
The Greens of Dover
Stop Signs
Town Crier Lane & Independence Blvd.
Inkeeper Lane & Independence Blvd.
Lamplighter Lane & Independence Blvd.
Constitution Lane & Independence Blvd.
Presidential Courts
Stop Signs
Washington Drive & Route #8
Washington Drive & Independence Blvd.
Yield Signs
Jefferson Court & Washington Drive
Adams Court & Washington Drive
The Committee recommended approval of the signing as submitted by Chief Spence. Mr. Hardcastle moved to accept the recommendation, seconded by Mr. Muir and unanimously carried.
Mr. Muir moved that an ordinance be drafted and a public hearing held on September 26, 1977 at 8:00 p.m. The motion was seconded by Mr. Weyandt and unanimously carried.
Crossing Guards - Governors Avenue & William Street - State & William Street
A letter from Mr. Dennis L. Cannon, Transportation Supervisor of the Capitol School District, requested crossing guards on North Governors Avenue at William Street and North State Street and William Street. The request stemmed from a petition distributed by parents with children attending Central Middle School and Fairview Elementary.
Mr. Hardcastle informed Council that irregardless of their decision on the busing of children, if the decision does not concur with the regulations of the State Board of Education, the students involved will not be permitted to utilize buses.
Mr. Witt referred to the danger of children crossing Governors Avenue at William Street and did not think that approximately $1,000 per year for crossing guards should be considered excessive when the life of a child might be involved.
Mr. Weyandt eluded to the fact that half filled buses travel this route each day. Regardless of State regulations, it seemed like flagrant use of taxpayers money to install crossing guards at the City’s expense.
Mr. Hardcastle moved for the recommendation of the Committee to utilize buses in lieu of crossing guards, seconded by Mr. Weyandt. By a vote of six (6) yes, two (2) no, Mr. Hardcastle and Mr. Witt, Council approved the motion.
Mr. Witt moved that the Committee receive an answer from the Unique Hazards Committee and Supervisor of Transportation on the use of buses for the children involved and