REGULAR MEETING
May 9, 1977
The Regular Meeting of Council was held on May 9, 1977 at 7:30 P.M. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt, Carson and Bewick. Mayor Legates was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Item #13
Mr. Bewick requested an additional agenda item concerning the abandonment of Woodbrook alleys.
Item #14
Mr. McDonough requested an additional agenda item concerning a list of tabled motions prepared by the Office of the City Clerk.
Item #15
Mr. Weyandt requested the presentation of an ordinance relating to the erection of signs.
Item C - Correspondence
Mr. Willis requested an additional agenda item under correspondence concerning the annual Memorial Day Services at the triangle of State Street and Kings Highway.
MINUTES
The Minutes of the Regular Council Meeting of April 25, 1977 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt and bore the written approval of Vice-Mayor Muir.
PROCLAMATION - OLD DOVER DAYS
On motion of Mr. Witt, seconded by Mr. Hardcastle, Council approved the following Proclamation.
WHEREAS, the Friends of Old Dover have been responsible for the celebration of Dover Days since 1933; and
WHEREAS, Dover Days brings attention to the fine homes, buildings, gardens and to the rich cultural heritage of our forefathers; and
WHEREAS, the Friends of Old Dover have seen fit to display many additional homes and historic sites; and
WHEREAS, this is the 200th Anniversary of Dover being the Capital City of the first State of Delaware; now
THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR OF THE CITY OF DOVE, DELAWARE, DO HEREBY PROCLAIM,
the opening of Dover Days will be celebrated on the evening of Friday the 13th of May 1977 and will continue through Sunday the 15th of May 1977, and I urge all citizens of Dover and visitors to out City to partake in the ceremonies and open houses which have been organized by the Friends of Old Dover to promote a better understanding of our proud heritage.
PROCLAMATION - MUNICIPAL CLERK’S WEEK
The City Clerk read into the record the following Proclamation.
WHEREAS, the efficiency and order with which government carries out its public function is strongly reliant on proper procedures, open and through communications between all municipal departments and public bodies and with the citizenry, and complete confidence and understanding by the citizenry of the programs and goals of their community; and
WHEREAS, the Municipal Clerk records the decisions of the legislative body; administers its procedures; reports to it on all communications, reports, and requests received from a variety of sources; and maintains the official records of the municipal government; and
WHEREAS, an organized and accurate source of knowledge about a community and its governmental activities is vital to the smooth governing of that municipality; and
WHEREAS, the Municipal Clerk serves as the central source of knowledge and records of municipal government, which records must be readily available to municipal departments, community groups, and individual citizens; and
WHEREAS, the strength of local government depends upon the citizens’ opinion of it and their trust in its competency and goals, and such opinion is formed largely by the image set forth by the municipal government employees; and
WHEREAS, the Municipal Clerk is the government official most closely is daily contact with the citizenry, and, therefore, is in a key position to mold sound public opinion; and
WHEREAS, the Municipal Clerk has demonstrated, by continuously and conscientiously improving skills required to meet the future challenges of local government, an awareness of the need to give the maximum amount of service at the minimum expenditure of the tax dollar,
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR, of the City of Dover do hereby proclaim the week of May 9 through May 15, 1977, as MUNICIPAL CLERK’S WEEK in recognition of the vital services the MUNICIPAL CLERK performs and the outstanding dedication to the community he or she represents.
PROCLAMATION - BETTER HEARING AND SPEECH MONTH
The City Clerk read into the record the following Proclamation.
WHEREAS, one of the hallmarks of a truly civilized nation is the efforts it makes on behalf of its handicapped citizens; and
WHEREAS, communication is the cohesive force in every human culture and a dominant influence in the personal life of every one of us; and more than ten percent of all children and adults in the United States have speech, language or hearing impairments so severe that their educational, vocational, personal and social functioning are adversely affected; and
WHEREAS, members of the speech pathology and audiology profession strive to restore or improve communicative competence so that those with speech, language or hearing disorders can regain and maintain a meaningful and productive place in our society; and
WHEREAS, the City of Dover is aware of and grateful for the high level of speech pathology and audiology services available to communicatively-handicapped persons in schools, rehabilitation centers, hospitals, speech and hearing clinics and private practice offices;
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR OF THE CITY OF DOVER, do hereby proclaim May 1977 as Better Hearing and Speech Month in Dover, and I commend and endorse the humanitarian and rehabilitative services rendered by speech-language pathologists and audiologists throughout the City to our communicatively impaired citizens.
PARKS, PLAYGROUNDS & TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on May 2, 1977 with Chairman Hardcastle presiding.
Tree Removal - Front of Courthouse
Due to a project improving the sidewalk in the area of the Courthouse on The Green, it was recommended that a tree, in front of the Courthouse steps, be removed and a replacement selected for The Green. This matter received the concurrence of the County Engineer and the Friends of Old Dover. However, the Friends of Old Dover stipulated that a “prime specimen” be planted on The Green directly across from the original tree, with the County bearing all expenses.
The Committee approved the aforementioned, stipulating that the planting be under the guidance of the Friends of Old Dover and the City of Dover.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council unanimously approved the recommendation.
Little League Debt
The Committee considered a debt owed to the City by the Little League, in the amount of $23,000 and an interest rate of 3.75%. It was the recommendation of the Committee to defer the 1977 principle and interest payment and establish a suitable payment schedule for future years. It was further recommended that Mr. Knox, City Recreation Director, meet with League officials to formulate a projected budget for the year 1978 to determine if League obligations can be met in lieu of immediately setting an annual payment figure.
Mr. Witt reported conversations with League officials that indicated their intention to apply for Revenue Sharing Funds. He suggested deferring any immediate action, since the debt payment is due in June.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council unanimously approved the recommendation of the Committee.
Financial Aid for Lights - Camden-Wyoming Little League
The Camden-Wyoming Little League Inc. requested aid in replacing lights on their field destroyed by vandals. The total bill would amount to $538.
The Committee recommended that Council approve a sum amounting to one half of the above mentioned figure or 50% of the final bill. Presuming that previous Council action authorized Mr. James to expend up to $200 for related request, the Committee also recommended that the City Manager proceed with the transaction.
Research revealed that Council’s authorization related to advertisements only, therefore, Mr. Hardcastle withdrew the latter committee recommendation for Council’s consideration.
Mr. Witt moved to authorize an expenditure of $200, seconded by Mr. McDonough.
Mr. McDonough moved to amend the motion to read an expenditure of 50% of the net cost of the lights. The amendment was seconded by Mr. Bewick and unanimously carried.
Mr. Witt’s motion was unanimously carried.
Mr. Hardcastle moved to accept the Committee report as submitted, seconded by Mr. McDonough and unanimously carried.
SAFETY ADVISORY COMMITTEE
A meeting of the Safety Advisory Committee was held on May 2, 1977 with Chairman Hardcastle presiding.
Right Turn on Red
In a letter to Chairman Hardcastle, Chief Spence requested that the Committee consider the following intersections to be posted “No Right Turn on Red”.
New and Loockerman Streets 4 Directions
State and Loockerman Streets 4 Directions
Governors and Loockerman Streets 4 Directions
State and North Streets East bound only
State and Water Streets 4 Directions
Wyoming Avenue and State Street South bound only
Chief Spence explained that these intersections do not afford proper vision and in accordance with the State law which allows same, the law provides that Towns and Cities may take exceptions if property posted.
The Committee recommends approval of the Chief’s suggestion. Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt.
Mr. Witt outlined a report conducted by Newsweek in which 179 persons were polled in the downtown area. An overwhelming number of drivers were in favor of a right turn on red downtown and a majority of pedestrians. He expressed opposition to several of the intersections in the report, stating that traffic does not warrant a sign prohibiting a right turn during a majority of a twenty four hour period.
The motion to accept the recommendation was carried by a vote of five (5) yes, two (2) no, Mr. Witt and Mr. Bewick.
Mr. Witt moved that an ordinance be drawn by the Solicitor covering a “No Right Turn on Red” at the above mentioned intersections and a public hearing be held on June 13, 1977 at 8:00 P.M. for consideration of same. The motion was seconded by Mr. Bewick and unanimously carried.
Traffic Light - Saulsbury and Walker Roads
The matter of a temporary traffic light was again discussed by the Committee and incorporated an update report by Mr. James. The City Manager has not received any correspondence from the Department of Highways and Transportation since notification of Council’s $1,000 appropriation to install a light furnished by the State.
The Committee recommended that Mr. James again correspond with Mr. Jarvis, Secretary of Highways and Transportation.
Mr. Bewick stated that the question of the light was submitted to the Federal Highway Administration and an answer is expected the week of May 16, 1977. A federal grant is forthcoming if the request is approved. Work should begin on a permanent installation within the next few weeks.
Reserved Parking - Wesley College - United Cerebral Palsy
In cooperation with the handicapped, Chief Spence reserved two parking spaces on Fulton Street, at Wesley College to serve as an accessible entrance.
The Committee recommended approval of this action.
Mr. Hardcastle moved to accept the recommendation, seconded by Mr. McDonough and unanimously carried.
Cover Parking Meters Downtown
The Committee considered a request by the Central Dover Business Association, Inc., to cover 72 meters in the downtown area. The covered meters would be paid for by the Association and amounts to an annual commitment of $7,488.00, to paid in quarterly installments of $1,872.
The Committee recommended that Council grant a ninety day trial period and at that time the success or failure of the plan will be reviewed.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt.
Mr. Mike Harrington was present to represent the Association stating that the plan is sanctioned by one hundred percent of the merchants contacted. When all commitments are received that guaranteed revenue would amount to $7,904 with quarterly installments of $1,976.00.
If approved, Mr. Weyandt suggested a waiting period for advertising the plan, rather than an immediate effective date. Mr. Hardcastle agreed to amend his motion, making the effective date for covering the meters May 16, 1977. Mr. Weyandt accepted per his second of the original motion. The motion was unanimously carried.
Mr. Witt moved for acceptance of the report as submitted, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - DELAWARE TELESERVICE RATE INCREASE
A public hearing was duly advertised for this time and place to consider the adoption of a rate increase by Delaware Teleservice. Vice-Mayor Muir declared the hearing open.
Mr. Lloyd Smith, Executive Vice-President of Delaware Teleservice, was present to address Council, requesting approval of the increase. He stated that Delaware Teleservice has only increased their rates a total of 31% during a twelve year period, or from $4.95 to the present monthly rate of $6.50. The average rate in the Country is $7.50 per month. In addition, the Company is requesting an increase in initial installation charges or from $20.00 to $25.00.
Since the City of Dover has 90 days to act on the increase, Mr. Bewick moved to refer this matter to the Utility Committee, seconded by Mr. Hardcastle and unanimously carried.
MUNICIPAL ELECTION DATE CHANGE
A public hearing was duly advertised for this time and place to consider changing the date of the Municipal Election from the third Monday in January. Vice-Mayor Muir declared the hearing open.
Mr. McDonough’s opening statement pointed out the inclement weather and dangers to the elderly coming out to vote during this period of the year. Relating to a suggestion that the installation of Councilmen be correlated with Old Dover Days, Mr. McDonough stated that the prime objective is to change the date to a more seasonal month of the year.
Mr. Carson offered any date between the third Monday in January up to the third Monday in April pointing out that school board elections are held in May. He especially favored the latter date which would be suitable for planning the installation of newly elected Councilmen to coincide with Old Dover Days.
Mr. Robert Parker was present to speak in favor of changing the date to a warmer season feeling that this is the wish of a majority of City residents.
Mrs. Bettie Fenimore was present to speak in favor of changing the date.
Mr. Jack Costello addressed himself to the question of newly elected Councilmen having to approve a budget for the coming fiscal year, lacking in both experience and knowledge. It was his opinion that changing the election date would contribute very little to voter participation.
The City Clerk read into the record a letter from Patricia A. Mosher, Legislative Chairman of the Dover Century Club, that stated an affirmative reaction to changing the election date, based on a vote of club members.
Mr. Bewick reminded Council of the question put to residents that revealed at least 70% who favored changing the date. Further, that a firm date should be established for installation of Councilmen and require the officials of Old Dover Days to adhere to that date if they so choose.
Mr. Witt moved to change the Municipal Election date to the third Monday in April of each year and that the Annual Meeting by held the second Monday in May. At the Regular Municipal Election held in the year 1978 there shall be elected the Mayor and four Councilmen. Further, Section 5, paragraph 2, will be stricken from the Charter. The motion was seconded by Mr. Bewick and unanimously carried by a roll call vote and the following Charter Amendment was adopted.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the General Assembly of the State of Delaware is hereby requested to amend the Charter of the City of Dover, 36 Laws of Delaware, Chapter 158 (1929) as follows:
1. Section 5 of the Charter, paragraph 3 is amended by striking said paragraph in it’s entirety and by adding a new paragraph in it’s entirety and be adding a new paragraph to read as follows:
“The term of the Mayor shall be for 2 years and the term of a Councilman shall be for 2 years from the 2nd Monday of May following his election or until his successor has been duly elected and qualified.”
2. Section 6 of the Charter is stricken in it’s entirety and a new Section 6 shall be inserted to read as follows:
“A municipal election at which members of the Council shall be elected shall be held on the third Monday of April of the year 1978, and of every year thereafter, which shall be known as the regular municipal election. All other municipal elections that may be held shall be known as special municipal elections.
At the regular municipal election held on the third Monday in April of 1978, there shall be elected 4 members of the Council. At the regular municipal election in every year thereafter, there shall be elected 4 members of the Council.
At the regular municipal election held in the year 1978, and every two years thereafter, there shall be elected the Mayor.
The terms of the Mayor and of all Councilmen previously elected and installed in 1976 and 1977 shall automatically be extended until their successors are elected and qualified in accordance with the change in election date from the third Monday of January of each year to the third Monday of April of each year.”
3. Section 7 of the Charter is amended by striking the first paragraph thereof and by inserting a new paragraph to read as follows:
“The mode of nomination of candidates for the Council and for Mayor shall be by petition signed by not less than 10 nor more than 25 electors of the City and filed with the Clerk of Council on or before 4:00 P.M. of the second Friday in February of 1978 and of the second Friday of February of each year thereafter of the year preceding the next regular municipal election. Should the second Friday of February fall on a legal holiday, the filing date shall be 4:00 P.M. on the next working day thereafter.”
4. Section 8 of the Charter shall be amended by striking paragraph (a) in it’s entirety and by inserting a new paragraph to read as follows:
“(a) The regular municipal election shall be held on the third Monday in April of each year. At such election the polls shall be opened at 11:00 A.M. and closed at 8:00 P.M. The Council shall designate the places of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for the conduct of election, or the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud.”
5. Section 9 of the Charter is amended by striking the first paragraph in it’s entirety and by inserting the following paragraph to read as follows:
“At 7:30 P.M. on the second Monday in May, following a regular municipal election, the Mayor and Council shall meet at the usual place for holding Council meetings and the newly elected officers shall assume the duties of office, being first duly sworn or affirmed to perform their duties with fidelity.”
ADOPTED MAY 9, 1977
PUBLIC HEARING - WILLIAM H. & MABEL DAVIDSON REZONING
A public hearing was duly advertised for this time and place to consider rezoning land on the Whiteoak Road located at RD #4 Box 429A, owned by William H. and Mabel Davidson. Vice-Mayor Muir declared the hearing open.
There was no one present to speak for or against the rezoning. The Planning Commission recommenced unanimously to deny the rezoning.
Mr. Witt moved to deny the rezoning, seconded by Mr. Weyandt and unanimously carried by a roll call vote.
ORDINANCE PROHIBITING SIDEWALK DISPLAYS
The City Clerk presented a letter from Kenneth Sanstrom, President of Hardware House, Inc. 146 S. Governors Avenue, requesting action on a request to amend the Sidewalk Ordinance that prohibits displays.
Mr. Witt moved to refer the matter to the Utility Committee, seconded by Mr. Carey.
Mr. Roe requested immediate guidance on this matter, informing Council of phone calls demanding enforcement since the Hardware House presently displays merchandise in front of the property on the sidewalk. He explained that eleven feet from the curb is public right of way. The Hardware House has more than eleven feet, but the Solicitor has opinioned that it still must be termed sidewalk since the ordinance does not provide otherwise. Mr. Roe stated that he must enforce the ordinance unless Council derives a method of allowing the display.
In response to questions by Mr. Weyandt, the Solicitor replied that an ordinance would have to be adopted allowing sidewalk displays within a given area.
Mr. McDonough inquired why the ordinance had not been enforced to this point, since the Hardware House has been utilizing the sidewalk for display purposes.
Mr. Roe replied that Mr. Sanstrom was informed by a Councilman that he could utilize the sidewalk in front of his business until informed otherwise.
Mr. Hardcastle reported many phone calls that expressed affirmative opinions towards continued use of Mr. Sanstrom’s displays.
Mr. Bewick moved that the City Solicitor prepare an ordinance modifying the present ordinance which would permit utilization areas beyond City sidewalk right of way for sidewalk displays and with special permission from Council, areas within the right of way. The motion was seconded by Mr. Witt and carried by a vote of five (5) yes and two (2) no, Mr. McDonough and Mr. Carey.
PUBLIC HEARING DATE FOR GENERAL FUND
Mr. James requested that the first hearing to consider the General Fund Budget be changed from May 23rd to May 25th. He explained that during this hearing various Revenue Sharing requests will have to be considered.
The law stated that the first hearing must be advertised ten days prior to and a seven days lapse between the first and second hearings where final approval of the budget is enacted.
He added that it has been a practice to refer the budget to the Legislative and Finance Committee for consideration and recommendation to Council. This would also include recommendations on Revenue Sharing Grants.
Mr. Witt moved for the above recommendation of the City Manager and to hold a public hearing specifically to consider revenue sharing applications, on May 25th at 7:30 P.M. in the Council Chambers. The second hearing will be held on a regular Council night or June 13th. The motion was seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Hardcastle - Request to Sell Fish - Forest Street
Mr. Earl G. Hardcastle requested an exception to the Zoning Code to sell fish from a vacant lot located on the northwest corner of Forest Street and Carver Road.
Mr. Roe explained that Mr. Hardcastle does have a peddlers license, but to conduct business from this particular lot would require an exception to the Zoning Code.
Mr. Carson moved to grant Mr. Hardcastle’s request for the year 1977 only, seconded by Mr. Weyandt and unanimously carried.
Del Vets Memorial Day Services - State and Kings Highway
A letter from Julian R. Richardson, Commander of the Delaware Veterans Dover Post, requested permission to hold the Annual Memorial Day Service on May 30th at 11:00 A.M. at the intersection of State Street and Kings Highway.
Mr. Bewick moved to grant approval, seconded by Mr. Hardcastle and unanimously carried.
Mr. James reminded Council that the City of Dover usually participates in the service by appointing a member of Council or the Mayor, to place a floral tribute on the memorial. Vice-Mayor Muir agreed to represent the City.
State News - Direction 77/78 - Advertisement
A letter from Joseph D. Cunningham, Manager of Independent Newspapers Inc., asked that the City of Dover purchase space in the Delaware State News relative to an annual edition known as Direction 77/78. This special edition depicts growth and progress of various communities in the Delmarva area.
The City Manager was directed to spend up to $200 for advertisement in the special edition, said sum authorized through past Council action.
WOODBROOK ALLEYS - ABANDONMENT
Mr. Bewick reminded Council that public hearings have been held on the abandonment of alleys in Woodbrook and approximately fifty letters have been received from residents in the development who desire that the alleys be converted to easements for the purpose of preventing future paving.
Mr. Rodriguez explained that it takes two acts to effect a dedication of alleys. The person attempting dedication must offer dedication for public use and Council would have to accept same.
The Woodbrook alleys have been dedicated for public use by recorded plot plan by the developer of Woodbrook Realty. These alleys have never been used or opened to the public. In Mr. Rodriguez’s opinion there has been no legal dedication because the alleys have never been accepted by the City. Until the alleys are accepted and opened to public use, there is no effected dedication. Therefore, the City cannot abandon alleys that have not been legally accepted by Council. A simple motion or resolution by Council indicating non-acceptance of the proposed dedication of Woodbrook alleys, but retaining all utility easements would solve the request for abandonment and signify that said alleys will not be paved.
Mr. Weyandt moved to remove the subject of Woodbrook Alleys from the table, seconded by Mr. Hardcastle and unanimously carried.
Mr. Weyandt moved that Council not accept Woodbrook Alleys in Section One, Section Two Section Three and Section Four for dedication, relative to any future paving, but retains all utility easements as prescribed in the resolution adopted by Council on March 14, 1977. The motion was seconded by Mr. Bewick and unanimously carried.
REVIEW OF TABLED ITEMS
Mr. McDonough stated that the purpose of this agenda item is to dispose of those tabled items that no longer require consideration.
Obscenity Ordinance
Mr. McDonough moved to remove the subject of an Obscenity Ordinance from the table, seconded by Mr. Bewick and unanimously carried.
Mr. McDonough moved that the Obscenity Ordinance no longer be considered by Council, seconded by Mr. Weyandt and unanimously carried.
Municipal Swimming Pool
Mr. McDonough moved to remove the subject of a Municipal Swimming Pool pending any future request, seconded by Mr. Bewick and unanimously carried.
One Way Streets
Mr. McDonough moved to remove one way streets from the table, seconded by Mr. Weyandt and unanimously carried.
Mr. McDonough moved to abandon further consideration of one way streets until a specific request is presented, seconded by Mr. Witt and carried.
Paul J. & Dorothy J. Allif Rezoning
Mr. McDonough moved to remove the public hearing to consider the rezoning of 6 South State Street, owned by Paul J. & Dorothy J. Allif. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Roe informed Council that the above property is now owned by a party other than those who sought the rezoning.
Mr. McDonough moved to abolish the rezoning from the Council agenda, seconded by Mr. Witt and unanimously carried.
Hardesty Insurance Agency - Commissions
Mr. McDonough moved to remove the subject of the amount of commission payed the Hardesty Insurance Agency from the table. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Bewick moved to refer this matter to the Legislative and Finance Committee to determine if the Hardesty Agency should receive one hundred percent (100%) of the commission and if there would be any legal ramifications. Further, that a report be submitted for Council consideration. The motion was seconded by Mr. McDonough and unanimously carried.
ORDINANCE FOR TEMPORARY SIGNS
Mr. Weyandt presented an ordinance to cover the installation of temporary signs prepared by the Solicitor and moved to refer the ordinance to the Planning Commission and that a public hearing be held on June 27, 1977 at 8:00 P.M. The motion was seconded by Mr. Witt and unanimously carried.
Meeting Adjourned At 10:17 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 9, 1977, are hereby approved.
JAMES P. MUIR
VICE - MAYOR
May 16, 1977
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