REGULAR MEETING
October 11, 1976
The Regular Meeting of Council was held on October 11, 1976, at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt and Bewick. Councilman Harris was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
Referring to a copy of the Official Minutes furnished to Council members, Mr. Weyandt moved that paragraph three (3), under the Legislative and Finance Committee Report, be stricken.
The paragraph incorrectly stated the following: “After consideration of Mr. Ressler’s request, the Committee recommended that $3,500 would be used for matching funds on a county grant, to furnish lighting for tennis courts at the City of Dover Park and Recreation Area.”
The motion was seconded by Mr. Muir and carried. Mr. Witt moved for acceptance of the Minutes as corrected, seconded by Mr. Weyandt and carried.
REPORT - PARKS, PLAYGROUNDS AND TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met on October 4, 1976 at 7:30 P.M.
Mr. Alfred Anderson presented a film showing skateboard courses in other areas. He proposed that the City of Dover consider this as a recreation facility in future planning.
Mr. Knox was instructed to investigate possible site for a course and prepare a report for the Committee’s consideration.
Extension of Park Center Hours
Due to the increased usage of the Park Center, Mr. Knox requested that the hours be extended.
Pursuant to this proposal, the Committee recommends that the Center remain open until 9:00 P.M., Monday through Friday, and 9:00 A.M. to 5:00 P.M. on Saturdays.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Muir and carried.
Mr. Knox explained that costs involved in the extra hours had been considered in his budget for the fiscal year ending June 30, 1977.
Priority For Use of Park Center
In accordance with the priority list, outlining the use of the City of Dover Park and Recreation Center, the Committee recommended that this use include item #2, which reads as follows:
“Charitable, non-profit organizations (i.e. church groups, Scouts, Jaycees, Businesses and Professional Women of Dover), annual meetings or special event functions.”
As instructed by the Committee, Mr. Knox consulted Internal Revenue Authorities for their interpretation of a charitable and/or non-profit organization, that would qualify as described in priority item #2.
Based on the information received, Mr. Hardcastle stated that the Committee may desire to further consider their recommendation to extend usage of the Center to priority item #2.
Addressing Council, Mr. Knox reported that item #2, as written, would only allow various schools, churches, hospitals and medical research organizations to use the Center. He did not feel that it was the intent of the Committee to limit the usage of the Center to just these organizations.
Mr. Witt stated that the Committee should have an opportunity to further study this matter and moved to table the item for this purpose. The motion was seconded by Mr. Weyandt and carried, with Mr. Perman voting no.
Dropping the word “charitable” in item #2, would allow organizations, such as described on the priority list, to use the center.
Mr. Knox suggested the following wording: “Non-profit organizations as determined by an Internal Revenue Service determination letter, for annual meetings and special events.”
This would exclude the City’s judgement in authorizing certain organizations who may be critical if refused.
Use of Games In Park Center
The Committee discussed the installation of games in the Center, such as pool, bumper pool, shuffleboard, table tennis, chess, etc.
Mr. Knox suggested that the above be installed, without a user’s fee. Much criticism has been expressed because the Center does not utilize its space for additional activities.
The Committee recommended that games be installed at the City of Dover Recreation Center, as outlined by the Director. It was stipulated, that an assessment of damages to the building be compiled, to reevaluate the program after one year.
The Director stated that daily checks will be performed to assess any damage to the building or games. Since the carpeting and wood floor is not conducive to this type of activity, it was his feeling that same would be replaced with title after an extended period of use. Of the $20,512 received in the State Grant for recreational programs, approximately $2,500 will be expended for games.
By motion of Mr. Weyandt, seconded by Mr. Muir, Council approved the installation of games in the Center, as outlined above.
Mr. Hardcastle moved for acceptance of the Parks, Playgrounds and Trees Committee Report, seconded by Mr. Muir and carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on October 4, 1976 with Chairman Hardcastle presiding.
Dr. O.J. Pollak - Zebra Pattern - Crosswalks
A request was received from Dr. O.J. Pollak, to consider painting crosswalks with a zebra pattern, and to investigate the possibility of relocating the crosswalk on Kings Highway East, near the intersection of King Highway and Division Street.
Mrs. Mary L. Tilghman, of 11 E. Kings Highway, was present to describe the dangers of the present crosswalk located as described above.
Dr. Pollak suggested that this crosswalk be relocated closer to the intersection of Kings Highway and Division Street to enable pedestrians and vehicle drivers to observe traffic.
A report and recommendation will be compiled by Chief Spence.
Speed Limit - North Governors Ave. & North Governors Avenue Boulevard
A traffic study was conducted on North Governors Avenue by the State Highway Department, stemming from a request to lower the speed limit to 25 MPH, by Mr. Douglas VanSant.
Mr. Raymond Pusey, Chief of the Bureau of Traffic, recommended that the speed limit remain as posted unless other safety conditions strongly indicated otherwise.
The Committee approved Mr. Pusey’s recommendation with the stipulation that a study be conducted of traffic turning patterns in the area of N. Governors Avenue and N. Governors Avenue Boulevard.
Mr. Hardcastle moved to accept the recommendation of the Committee, seconded by Mr. McDonough.
Mr. Bewick and Mr. Weyandt agreed that a study should be conducted of the traffic turning movement before a final decision is made.
It was Mr. Perman’s opinion, that Mr. Pusey’s recommendation should be denied and consider lowering the speed limit to 25 MPH pending a study of the turning movement.
By a roll call vote of four (4) no, Mr. McDonough, Mr. Perman, Mr. Witt and Mr. Bewick and three (3) yes, Mr. Harris absent, the motion to accept Mr. Pusey’s recommendation was defeated.
Mr. Witt moved to accept the Safety Advisory Committee Report, seconded by Mr. Bewick and carried.
Mr. Bewick moved to defer action on the question of lowering the speed limit on North Governors Avenue until a study can be made of the traffic turning movement. The motion was seconded by Mr. Hardcastle and carried.
Chief Spence was asked to conduct the study for a report to the Committee on November 1, 1976.
HALLOWEEN PROCLAMATION
The City Clerk read into the record the following Proclamation:
WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to restrict the observance of this holiday to October 30, 1976.
NOW, THEREFORE, BE IT PROCLAIMED AND DECLARED BY CHARLES A. LEGATES, JR., MAYOR OF THE CITY OF DOVER:
1. That the Halloween observance shall be held on the 30th day of October 1976 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.
2. That observance of trick or treat be limited to the eve of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.
3. Any person observing Halloween is requested to terminate said observance on or before 9:00 P.M. of the aforesaid date.
4. That any person violating this, the Proclamation of the Mayor of the city of Dover, shall be subject to the penalties provided under the Laws and Ordinance of the City of Dover.
ADOPTED OCTOBER 11, 1976
Mr. Perman questioned the power of the Mayor to issue a Proclamation with respect to enforcement of its directives.
The City Solicitor agreed with Mayor Legates, that the Proclamation could be implemented under the Nuisance Ordinance. In his opinion, Council could also endorse the Proclamation to further validate its directives.
Mr. Perman moved that Council adopt the Halloween Proclamation as put forth by Mayor Legates. The motion was seconded by Mr. McDonough for purposes of discussion.
In the discussion that followed, Mayor Legates suggested that a Halloween Ordinance, perhaps would better suit the purposes of controlling the celebration of that holiday.
Mayor Legates called for the vote on Mr. Perman’s motion. The motion was carried.
REZONING REQUEST - FORMER REA BUILDING - MCKEE ROAD - RT. 5 BOX 40A
A request was received to rezone property on McKee Road (Rt. 5 Box 40A), former REA building, owned by Aetna Life Insurance Company. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Witt, seconded by Mr. Bewick, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on McKee Road (Rt. 5 Box 40A) are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on November 22, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located on McKee Road (Rt. 5 Box 40A), owned by Aetna Life Insurance Company.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 11, 1976
PARKING - PLAYTEX EMPLOYEES - BAYARD AVENUE
A letter was received from Mr. Ralph Lord, 41 Bayard Avenue, stating that Playtex employees are using Bayard Avenue for parking during working hours. Mr. Lord stated that this creates a local parking problem and prohibits proper cleaning of the streets, especially leaf collection. He requested a solution, possibly through restrictive parking.
Mr. Witt moved that Chief Spence contact Playtex officials to discuss the parking problem and request that their employees utilize the parking area provided. The motion was seconded by Mr. McDonough. By a roll call vote of four (4) yes, three (3) no, Mr. Muir, Mr. Hardcastle and Mr. Bewick, the motion was carried. Mr. Harris was absent.
Mr. Witt moved for adjournment, seconded by Mr. Bewick and carried.
Meeting Adjourned at 8:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of October 11, 1976, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
October 18, 1976
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