REGULAR MEETING
March 14, 1977
The Regular Meeting of Council was held on March 14, 1977 at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Carey, Witt, Carson and Bewick. Councilman Hardcastle was absent.
ADDITIONAL AGENDA ITEMS
Item #10
Mr. McDonough requested an additional agenda item #10, to discuss a resolution related to the Dover Senator’s fine showing in the State Basketball Championship Playoff.
Item #11
Mr. Witt requested an additional agenda item #11, to discuss the present Council Workshop Sessions.
Item #12
The City Clerk submitted a letter from Buchanan Firestone, requesting permission for a Sidewalk Sale, as Item #12.
Item #13
Mayor Legates requested an executive session immediately after the Regular Meeting, to discuss personnel matters, as Item #13, with Mr. Rodriguez and Mr. Willis present.
MINUTES
The Minutes of the February 28, 1977 Council Meeting, did not bear the signature of Mayor Legates, pursuant to a letter disapproving the action on a resolution, setting a public hearing to abandon alleys in Woodbrook Development. The disapproval was based on the lack of a majority vote of elected Councilmen, to pass said resolution, as outlined in a letter to Council members dated March 3, 1977.
Mr. Muir moved to rescind that portion of the February 28, 1977 Council Minutes, pertaining to the adoption of a resolution for a public hearing, to abandon the alleys in the Woodbrook Development, and to accept the Minutes as corrected. The motion was seconded by Mr. Weyandt and unanimously carried.
APPOINTMENT - TAX APPEALS
Mayor Legates submitted the names of Councilmen Muir, McDonough and Witt to serve on the Tax Appeals Committee, which will sit on the first and second Mondays of April to hear appeals on individual contested assessments.
Mr. Bewick moved to affirm the appointments, seconded by Mr. Weyandt and unanimously carried.
ADOPTION OF POLICE DEPARTMENT JOB DESCRIPTIONS
The Police Department Job Descriptions have been received by Council and personnel of the department provided input into its contents.
Mr. Muir moved to adopt the descriptions as submitted, seconded by Mr. Weyandt and unanimously carried.
RECOMMENDATIONS IN FIRE CHIEFS REPORT
Item #5 of the Agenda was submitted for the purpose of discussing specific recommendations in the contents of the Fire Chief’s Annual Report.
Mr. McDonough reported a discussion with Chief Kemp that revealed certain administrative details not finalized for recommendations to Council.
In lieu of these facts, Mr. McDonough moved to remove this item from the Agenda. The motion was seconded by Mr. Muir and unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
There were no specific recommendations to Council in the Parks, Playgrounds and Trees Committee Report, which met on March 9, 1977. Mr. Bewick moved to accept the report as submitted, seconded by Mr. Muir and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on March 9, 1977 with Chairman Hardcastle presiding.
Boaman’s Gift Shop - Cover Parking Meters
A request from Boaman’s Gift Shop to covers two meters in front of his store for one year, was tabled until Mr. Boaman can meet with the merchants and Dover Parking Authority to formulate a report related to their combined discussions.
Yarn Shop - Metered Parking on Reed Street
A letter from the Yarn Shop asked that Council consider metered parking on Reed Street from Bradford Street north to the alley on the north side.
Due to fire emergency vehicles exiting on that street, the Committee recommended denial.
Mr. Muir moved for the recommendation of the Committee, seconded by Mr. Bewick and unanimously carried.
It was noted that “No Parking” on Reed Street would also apply to firemen and according to the Police Chief would be enforced by the Robbins Hose Company.
Wesley College - Parking - 200 Block of North Bradford Street
The Safety Advisory Committee received letters and a petition from residents in the 200 block of North Bradford Street, asking for a solution to parking problems in front of residences, caused by Wesley College students.
Speaking as representatives of concerned residents were Mr. William Goodrich, 229 N. Bradford Street, Mrs. J.K. Douglas of 230 N. Bradford Street, Mrs. Ann Goodrich of 229 N. Bradford Street, Mrs. Frances LeVecque Walter of 222 N. Bradford Street and Mr. Gary King of 231 N. Bradford Street.
The Committee recommended that a meeting be arranged with Chief Spence, College officials and Committee members to discuss the matter. It was suggested that property owned by the College, be made more available for student and staff parking.
Restrictive Parking - Park Avenue
To allow ample room for emergency vehicles, the Safety Advisory Committee recommended that “No Parking At Any Time” be posted on the west side of Park Avenue, between Lotus Street and Morris Drive.
Mr. Muir moved for the recommendation, directing that an ordinance be drawn for public hearing on April 11, 1977 at 8:00 P.M. The motion was seconded by Mr. McDonough and unanimously carried.
Speed Limit - N. Governors Avenue & N. Governors Boulevard
The Committee next considered a request by the State Traffic Division for Council to reconsider their action that caused an ordinance to be adopted, making the speed limit on North Governors Avenue and North Governors Boulevard, 25 MPH from William Street to Walker Road.
In a comprehensive report, the Traffic Division asked that the speed limit from Ross Street to Walker Road on Governors Avenue be posted at 35 MPH.
The Committee tabled this matter until a further report is received from highway officials.
Parking on Route #13
The Committee recommended that a public hearing be set to adopt an ordinance that would prohibit parking on Route #13 within the City limits.
Mr. Weyandt moved for the Committee recommendation and set a public hearing for April 11, 1977 at 8:00 P.M. The motion was seconded by Mr. McDonough and unanimously carried.
Mr. McDonough moved for acceptance of the Safety Advisory Committee as submitted, seconded by Mr. Weyandt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
Affirmative Action Policy
Although the City of Dover presently follows federal guidelines in keeping with an Affirmative Action Policy in the hiring of minorities, the Committee recommended that a policy be developed known as the City of Dover Affirmative Action Policy.
Mr. McDonough moved that the City develop a written Affirmative Action Policy for minority hiring. The motion was seconded by Mr. Muir and unanimously carried.
Fiscal Year Audit Delay
Addressing themselves to what has been called excessive delays in the presentation of past audits, the Committee recommended that guidelines be established for a specific completion date for the City fiscal audit.
Mr. McDonough moved that the Legislative and Finance Committee recommend guidelines for establishing a due date of the fiscal audit, to the Council as a whole. The motion was seconded by Mr. Bewick and carried.
Municipal Election Date
Mr. Bewick moved that the City Clerk, in cooperation with the City Solicitor, prepare a report outlining the necessary changes in the Charter that would be required, to hold the Municipal Election on the first Monday in May, reporting to Council at the earliest possible date. The motion was seconded by Mr. McDonough. By a voice call vote of six (6) yes, one (1) no, Mr. Carson, and Mr. Hardcastle absent, the motion was carried.
Mr. Carson suggested that the election date be set so that the elected members of Council would be installed to coincide with Old Dover Days.
Mr. Bewick accepted this as an amendment and alternate to his motion and was accepted by the second, Mr. McDonough. The amendment was carried unanimously.
Mr. Witt moved that the City Clerk and Solicitor conduct a study of legislation that would require a Councilman to relinquish his seat when filing for the office of Mayor. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Muir moved to accept the report of the Legislative and Finance Committee as submitted, seconded by Mr. Weyandt and unanimously carried.
UTILITY COMMITTEE
Proposed Annexation - Peterseil Land - McKee Road
After a full report from the City Manager and Planning Commission, the Utility Committee recommended that the Osias Peterseil land, located on the east side of McKee Road, be annexed by referendum.
Mr. Weyandt reminded those present, of past problems Kent County has encountered with undesirable odors from a rendering plant in the vicinity of the Peterseil land. It was his thought that the developer and future owners should be forewarned that Council does not intend to be a part of this controversy, if and when it develops.
By motion of Mr. Bewick, seconded by Mr. Weyandt, Council accepted the recommendation of the Committee to annex the Peterseil land and directed that an annexation referendum be held on April 15, 1977, from 1:00 P.M. to 7:00 P.M.
By a unanimous roll call vote, Mr. Hardcastle absent, Council 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 east side of McKee Road and north 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 tract, piece or parcel of land now or late of Helene and Osias Peterseil, lying in East Dover Hundred, Kent County, Delaware, being contiguous to the City of Dover and bounded on the north by Route #100, on the east by properties of Little Methodist Union Church and on the south by the present City limits.
2. That an election be held on the 15th day of April, 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 MARCH 14, 1977
Project #70 - Set Front Foot Charge - Water Main
The Utility Committee recommended that a public hearing be set prior to assessing the cost of water lines installed on Mifflin Road and the north side of Route #8 from Route #104 west to the City limits, known as Project #70. By motion of Mr. McDonough, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes, Mr. Hardcastle absent, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF INSTALLATION OF A WATER MAIN ON MIFFLIN ROAD AND THE NORTH SIDE OF ROUTE #8 FROM ROUTE #104 WEST TO THE CITY LIMITS.
WHEREAS, the Council is authorized to install water mains in the City, and by ordinance, to provide for the levy and collection of assessments against the property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed a water main on Mifflin Road and the north side of Route #8 from Route #104 west to the City limits, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 18(c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said water main at the rate of $5.99 per front foot adjoining said water main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a five year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the five year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said water main shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on April 11, 1977 at 8:00 P.M. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED MARCH 14, 1977
Project #70 - Set Front Foot Charge - Sewer Main
The Utility Committee recommended that a public hearing be set prior to assessing the cost of sewer lines installed on Mifflin Road and the north side of Route #8 from Route #104 west to the City limits, known as Project #70. By motion of Mr. McDonough, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes, Mr. Hardcastle absent, adopted the following ordinance.
AN ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF ASSESSMENTS AGAINST PROPERTY OWNERS FOR THE COST OF THE INSTALLATION OF SEWER MAINS ON MIFFLIN ROAD AND THE NORTH SIDE OF ROUTE #8 FROM ROUTE #104 WEST TO THE CITY LIMITS.
WHEREAS, the Council is authorized to install sewer mains in the City, and by ordinance, to provide for the levy and collection of assessments against property owners whose land adjoins said installation, and
WHEREAS, the Council has caused to be installed sewer mains on Mifflin Road and the north side of Route #8 from Route #104 west to the City limits, and
WHEREAS, this Ordinance is enacted pursuant to the Charter of the City of Dover, Section 18(c) to levy and collect the assessment against property owners whose land adjoins said installations to cover the cost thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. An assessment shall be, and hereby is, levied against all property owners whose property adjoins the installation of said sewer mains at the rate of $13.16 per front foot adjoining he said sewer main.
2. These assessments shall be liens against said properties and shall forthwith be entered in the Municipal Lien Docket.
3. These assessments shall be paid within a five year period from the date of enactment of the assessment and levies including interest which shall be at the rate of 6% per annum on the unpaid balance of each assessment. The assessments plus accrued interest to the date of payment may be paid in full at any time during the five year period. If the assessments are paid in full within one year from the date of enactment of the assessments and levies, then all interest charges shall be waived and only the original amount of each assessment shall be paid.
4. The cost of tapping to said sewer mains shall be in addition to the assessments heretofore stated and such tapping charges shall be due and payable once the tap is completed.
5. A public hearing on said assessments and levies shall be held on April 11, 1977 at 8:00 P.M. in the Council Chambers of City Hall, at which time any appeals from the same may be heard. Notice of said public hearing shall be given by publication in a local newspaper once a week for each of the two weeks preceding the date of the hearing.
ADOPTED MARCH 14, 1977
Proposed Abandonment - Woodbrook Alleys
Mr. Walter Ellis was present and informed Council that an agreement had been reached with Mr. Ward, a past City Manager, that dedicated alleys, as shown on a recorded plat, would not be placed in Woodbrook I & II, but a utility easement would be maintained. As indicated by Mr. Ellis, this was not a formal agreement in document form, but a mutual agreement reached through Woodbrook Developers and Mr. Ward by correspondence. At a later date, Woodbrook III was developed and at that time alleys were not a requirement.
Mr. Carson reviewed the alley locations in Woodbrook for the benefit of Council, pointing out the advantages of alley utility easements and other advantages of maintaining the alleys as dedicated.
Mr. Bewick stated that the purpose of abandoning the alleys was to forever remove the threat, that any of said alleys would be paved.
Mr. Weyandt moved that a public hearing be set for April 11, 1977, for the purpose of considering the proposed abandonment. The motion was seconded by Mr. McDonough. By a roll call vote of seven (7) yes, Mr. Hardcastle absent, Council adopted the following resolution.
A RESOLUTION PROPOSING VACATING OF CERTAIN ALLEYS IN WOODBROOK I AND II, IN THE CITY OF DOVER.
Be It Resolved By The Council Of The City of Dover In Council Met:
The Council of the City of Dover will consider the vacating and abandoning of the following alleys located in the City of Dover, East Dover Hundred, Kent County, Delaware, as laid out and shown on a plat of “Woodbrook” Section One, recorded in Kent County Recorder of Deeds plat book 5, page 53, and on a plat of “Woodbrook” Section Two, recorded in Kent County Recorder of Deeds plat book 5, page 68, and more particularly described as follows:
In Section One:
1. A 20' wide alley bounded by the easterly line of “Woodbrook” Section One, extending from Wyoming Avenue, on the north, to the northerly line of “Woodbrook” Section Two, on the south, and abutting lot numbers 1, 2, 3, 4, 5, 6 and 7 of Section “A”;
2. A 20' wide alley and a 20' wide alley-spur, extending from Shank Road on the west, to Woodsedge Road on the south, and abutting lot numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Section “B”;
3. A 20' wide alley extending from Shank Road on the east to the westerly line of “Woodbrook” Section One and the northerly line of “Woodbrook” Section Two, and abutting lot numbers 1, 2, 3, 4 and 5 of Section “C”;
In Section Two:
1. A 20' wide alley bounded by the easterly line of “Woodbrook” Section Two extending from the southerly line of Section One, on the north, to the southerly line of Section Two, on the south, and abutting lot numbers 8, 9, 10 and 11 of Section “A”;
2. A 10' wide alley abutting the southerly and westerly lines of “Woodbrook” Section Two, extending from the easterly line of Section Two, westerly, crossing Westview Terrace, to the westerly line of “Woodbrook” Section Two, thence northerly to the southerly line of Section One, and also abutting lot number 1 of Section “A” and lot numbers 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of Section “C”;
The City of Dover hereby reserves and retains the right and easement of the use of the aforesaid alleys for the installation and maintenance of sewer, water and electric lines, or utility lines of any nature.
The City of Dover excludes consideration of abandoning a 15' wide alley extending northerly from Westwood Drive to the southerly line of “Woodbrook” Section One, and abutting lot numbers 25, 26, 3, 4 and 5 of Section “D”, and certain parklands now or late of The City of Dover.
A public hearing will be held in the Council Chambers of City Hall, Dover, Delaware to hear objections to vacating said alleys on April 11, 1977 at 8:00 P.M.
ADOPTED MARCH 14, 1977
Mr. McDonough moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Weyandt and unanimously carried.
CHARTER PROPOSAL - CENTRALIZATION OF CITY GOVERNMENT
Mr. McDonough moved to amend the City Charter so that all City Appointees, with the exception of the Solicitor, are appointed by the City Manager with the approval of 3/4 of Council, and that a public hearing be held on April 11, 1977. The motion was seconded by Mr. Bewick.
Mr. Bewick asked if it would be correct to assume that all Council appointee employees are employees of the City Manager.
The City Solicitor stated that this was his understanding. If this is true, Mr. Bewick stated that it would be more logical to have the three appointees also under the City Manager. The checks and balances of this system would be that the Manager would nominate the City Clerk, Assessor, Building Inspector and Fire Marshal, with the approval of Council. The same procedure would apply if the Manager recommended termination.
Mr. Willis asked where in the Charter or Code, the Solicitor derived his interpretation. The Solicitor could not quote a specific section without further study.
Mr. Willis agreed that he could not find a specific section on this matter, but pointed but that the Charter does provide that the City Manager is responsible for employees in the administrative service of the affairs of the City under his charge. Since the Clerk, Treasurer, Alderman, Assessor, Building Inspector and Fire Marshal offices are not under the Manager’s charge, it would seem that this would be an exception.
By a roll call vote of three (3) yes, Mr. McDonough, Mr. Bewick and Mr. Weyandt, and four (4) no, Mr. Hardcastle absent, the motion to hold a public hearing for proposed centralization was defeated.
Mr. McDonough moved to amend the City Charter so that all City appointees, with the exception of the Solicitor, are appointed by the City Manager with the approval of 3/4 of Council. Mr. Bewick seconded the motion. By a roll call vote of two (2) yes, Mr. McDonough and Mr. Bewick, and five (5) no, Mr. Hardcastle absent, the motion was defeated.
DANGEROUS BUILDING CONDEMNATIONS
102 S. Kirkwood Street
Mr. Witt moved to open the hearing for consideration of condemning the structure at 102 S. Kirkwood Street, owned by Esteban Gonzalez Jr. and Melvin Colbert. The motion was seconded by Mr. Bewick and unanimously carried.
Mayor Legates declared the hearing open.
Mr. Roe outlined the reasons for his recommendation to condemn the property, showing slides to emphasize certain violations.
Mr. Melvin Colbert was present pointing out copies of letters to Council from his contractor and suppliers of material that are to be used for renovation of the property. Mr. Colbert stated that inability to procure certain material, pilfering of materials stored on site and the severe winter have caused delays in the progress of renovation. He therefore requested an extension of time to complete the renovation.
Mr. Bewick reminded Council that this property has been before them several times. Extensions were granted with little sign of progress to date. Mayor Legates declared the hearing closed.
After considerable discussion, Mr. McDonough moved to grant the owners of 102 S. Kirkwood Street a sixty day extension and Mr. Roe report to Council with a satisfactory progress report to date. The motion was seconded by Mr. Weyandt and unanimously carried.
35-37 South Queen Street
Mr. Witt moved to open the hearing for consideration of condemning the structure located at 36-37 South Queen Street, owned by Cecie P. Henry. The motion was seconded by Mr. Bewick. Mayor Legates declared the hearing open.
Mr. Roe reported no sanitary facilities in the structure and complete violation of the Dangerous Building Code. There was no one present to speak for or against the condemnation. Mayor Legates declared the hearing closed.
Mr. Witt moved to notify the owners to demolish the property within ten days or authorize Mr. Roe to proceed with the demolition. The motion was seconded by Mr. Weyandt and unanimously carried.
320 West Division Street
Mr. Witt moved to open the hearing for consideration of condemning the structure at 320 W. Division Street, owned by the Reverend Martha Lawhorn. The motion was seconded by Mr. Bewick and unanimously carried. Mayor Legates declared the hearing open.
Reverend Lawhorn was present to request an extension of time to renovate her property. She outlined work that has been done on the home, but explained that an accident causing lengthy hospitalization has delayed further improvements.
Mr. Roe explained the condition of the house, which included infestation of rats and odor due to damaging fire approximately one year ago. He suggested a firm commitment to ensure that the property will be renovated. Vice-Mayor Muir declared the hearing closed. (It is noted at this point that Mayor Legates turned the meeting over to Vice-Mayor Muir and left Council Chambers due to illness.)
Mr. McDonough moved to grant Reverend Lawhorn a sixty day extension, stipulating that sufficient and substantial progress must be shown to Mr. Roe during that time. The motion was seconded by Mr. Carey.
Mr. Bewick moved to amend the motion specifying that sanitation items must be rectified in two (2) weeks and a signed contract within one (1) month, specifying a satisfactory completion date. The amendment was seconded by Mr. Witt and unanimously carried.
The vote on Mr. McDonough’s motion was unanimously carried.
411 Reed Street Condemnation
Council next considered the condemnation of 411 Reed Street, owned by John W. and S. Lowan Pitts.
Mr. John Pitts was present to waive the hearing, stating no objections to demolition of the property.
Mr. Witt moved that Mr. Roe notify the owners to demolish the structure within ten days or proceed with bids to demolish same. The motion was seconded by Mr. Carey and unanimously carried.
EXECUTIVE SESSION
Council adjourned at this point for an executive session, relating to personnel matters.
101 Spruance Road - Lot #40 & Lot #1 Condemnation
Mr. Roe stated that each Councilman was furnished a copy of a letter from the John Pleasanton Estate, written by Betty Jean Caniford, asking that this hearing be continued until the March 28, 1977 Council Meeting. The attorney for the estate, Myron Steele, failed to notify persons named in the estate concerning the hearing.
Mr. Witt moved for a continuance of the hearing until the March 28, 1977 Council Meeting at 8:00 P.M. The motion was seconded by Mr. Weyandt and unanimously carried.
112-114 S. Kirkwood Street Condemnation
Mr. Roe informed Council that a demolition permit for 112-114 S. Kirkwood Street was issued to William Holden, with a stipulated completion date of April 15th.
Mr. Weyandt moved to extend the demolition completion date of the property until April 25, 1977, seconded by Mr. Bewick and unanimously carried.
434 Fulton Street - Condemnation
Vice-Mayor Muir opened the hearing to consider condemnation of 434 Fulton Street, owned by the Roland Mintz Estate, c/o Frank Mintz.
In accordance with the ordinance, Mr. Roe reported that letters were sent to the last address appearing in the recorder of deeds office and the office of the Assessor. The letters were returned without certification of delivery.
Mr. Roe recommended demolition within ten days and authorization for his office to receive bids for same. There was no one present to speak for or against the condemnation. Vice-Mayor Muir declared the hearing closed.
Mr. Bewick moved for the recommendation of the Building Inspector, seconded by Mr. Weyandt and unanimously carried.
CORRESPONDENCE
Larry Kesselring - Request For Trailer On Ammon Kesselring Farm
A letter from Larry Kesselring requested permission to install a 24' x 60' mobile home on the farm of Ammon Kesselring, located on New Burton Road.
Mr. Roe stated that the Kesselring Farm is in the City limits and installation of the trailer would violate related ordinances.
Mr. Kesselring was present to inform Council that said trailer would be a double wide, located in such a way as not to be visible from the road.
Council noted that exceptions granted to the ordinances may lead to similar requests.
Mr. McDonough moved to support Mr. Roe’s decision for denial of Mr. Kesselring’s request. The motion was seconded by Mr. Bewick and unanimously carried.
Dover Senators - Prepare Resolution
Mr. McDonough moved to direct the City Clerk to prepare a resolution recognizing the performance of the Dover Senators for their performance in the State Championship Playoff.
The motion was seconded by Mr. Bewick and unanimously carried.
Discussion - Council Workshop Sessions
Mr. Witt moved to rescind Council Workshop Meetings and revert to Committee meetings as required by the Charter, stipulating that no Council Committee meeting be held before 4:00 P.M. on any day.
Mr. Witt qualified his motion explaining that two Committees now have citizen members causing an imposition on their time, no matter how the Committees are scheduled on the agenda. This is also true in relation to Council members who are required to wait for their particular committee to convene. In addition, Mr. Witt relayed critical remarks from citizens and members of the news media.
Mr. Weyandt seconded the motion for the purpose of discussion.
Mr. McDonough reminded Council that the last session was two months business, resulting in excessive time. Charter discussion contributed to a great part of the time involved. He felt that every Councilman should be concerned with the business of each Committee, therefore, theoretically reducing discussion time on the Council floor.
Mr. Witt related to the Minutes of each Committee meeting, which furnish information on the contents of discussions and recommendations. He did not think that each Councilman is expected to participate at each Committee meeting and stated that the Charter and ordinances were not designed to convey this meaning.
Mr. Muir wished to go on record as opposing Workshop Sessions and stated that his Committee, Legislative and Finance, would be meeting separately.
Mr. Weyandt opposed the addition of agenda items before Council Meeting, stating that this should be limited. Items should only be added because of necessity or emergency.
Questioning the legality of all Committee meetings as a Committee as a whole, Mr. Bewick moved to table the matter for an opinion from the Solicitor. The motion was seconded by Mr. McDonough and carried by a vote of five (5) yes, one (1) no, Mr. Witt, and Mr. Hardcastle absent.
Sidewalk Sale - Buchanan’s
A letter from Mr. Edward Hall, of Buchanan Firestone, asked permission to hold a sidewalk sale on March 31 through April 2, 1977.
Mr. Weyandt moved to approve the request, seconded by Mr. Bewick and unanimously carried.
Meeting Adjourned at 10:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 14, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 21, 1977
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