REGULAR MEETING
August 9, 1976
The Regular Meeting of Council was held on August 9, 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.
Due to the inclement weather caused by Hurricane Belle, the Reverend J.H. Williams, Council Chaplain, was not present.
ADOPTION OF MINUTES - JULY 27, 1976
Mr. Perman moved to amend the Minutes of July 27, 1976, to reflect that he voted “no” under the heading “Commercial Zones - Political Signs” as follows: On motion by Mr. McDonough, seconded by Mr. Weyandt, Council approved the recommendation of the Committee. Mr. Perman voted no, stating that he felt the various parties should have been afforded some input.
Mr. McDonough moved to amend the Minutes as stated above, seconded by Mr. Witt and carried.
Under the heading “McKee Run Security”, Mr. Witt moved to rescind the entire paragraph, beginning with “Mr. Bewick moved for a substitute motion”. The motion was seconded by Mr. Weyandt.
Mr. Bewick pointed out that the Roberts Rules of Order stated that an amendment to a motion can be made by a substitute motion.
Mayor Legates stated that Mr. Witt’s objection is based on the words “substitute motion”. He ruled that a substitute motion was not proper.
By a voice call vote to rescind the substitute motion, the motion was carried.
Council accepted the Minutes of July 26, 1976 as amended, by a voice call vote.
MCKEE RUN SECURITY
Mr. Bewick moved that Council approve the use of the Bennett Detective Agency for the remainder of the fiscal year 1976-77, by contract. After the termination of the aforementioned period, the City will advertise bids for this service for a one year period. The motion was seconded by Mr. Weyandt and carried.
RESOLUTION - W. ROY HARRIS
On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council adopted the following resolution.
WHEREAS, Douglas L. Harris, is a Councilman of the City of Dover; and
WHEREAS, the father of Douglas L. Harris, W. Roy Harris, died on Saturday, August 7, 1976.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover express their deep regret and sorrow to their fellow Councilman, Douglas L. Harris, at the untimely death of his father, W. Roy Harris.
2. That the Mayor and Council of the City of Dover direct that this Resolution by made a part of the permanent records of the City of Dover as an expression of their sympathy to their fellow Councilman, Douglas L. Harris, at the death of his father.
ADOPTED AUGUST 9, 1976
RESOLUTION - FRED L. SIPPLE, JR.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council adopted the following resolution.
WHEREAS, Fred L. Sipple, Jr. was employed as a mechanic at the City of Dover Power Plant from March 13, 1972 until August 6, 1976; and
WHEREAS, Fred L. Sipple, Jr. died on August 6, 1976; and
WHEREAS, Fred L. Sipple, Jr. had been an important and trustworthy employee 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 Mayor and Council express their deep regret at the untimely death of Fred L. Sipple, Jr. and they extend their sympathy unto the family of Fred L. Sipple, Jr.
2. That the Mayor and Council of the City of Dover express their appreciation to the important work done by Fred L. Sipple, Jr. for the City of Dover as a mechanic at the Power Plant.
3. That the Mayor and Council direct the City Clerk to make this Resolution a permanent record of the City of Dover.
ADOPTED AUGUST 9, 1976
APPOINTMENT - DOVER HOUSING AUTHORITY - WILLIAM A. HAYES
Mayor Legates submitted the name of William A. Hayes to serve a six (6) year term on the Dover Housing Authority from August 16, 1976 to August 15, 1982.
Mr. Witt moved that William A. Hayes be approved, seconded by Mr. Bewick. By a unanimous roll call vote, Council approved the appointment.
REPORT - SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on August 2, 1976 with Chairman Hardcastle presiding.
Delaware Auto Sport Club
The Delaware Auto Sport Club submitted a request to hold an autocross. Three plans were submitted and the Committee recommends plan #1, which would block off Court Street, beginning at the bridge west to Legislative Avenue, then south to William Penn Street and cast back to the bridge. The affair will be held on September 12, 1976 from 9:00 a.m. to 4:00 p.m.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. McDonough and carried.
Capitol Baptist Church - School Zone Signs
Considering a request from Capitol Baptist Church for “school zone” signs, the Committee recommended that approval be given to install signs on Alder Road and Kesselring Avenue. Chief Spence reported an expansion of the school which would incorporate grades one through ten.
Council previously has rejected like requests from kindergarten or child babysitting establishments. Mr. McDonough explained that the Committee’s recommendation was based on the fact that this school does not fall in that category, with ten grades.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Muir and carried.
Fire Lanes - Parking
The Committee discussed the hazards of illegal parking in fire lanes at shopping centers, apartment complexes, etc. It was suggested that the Fire Marshal, Fire Chief and City Solicitor study this problem. If a method of prosecution does not exist through ordinance or Fire Code, it was recommended that an ordinance be drawn to alleviate this condition, to be presented to the Safety Advisory Committee for consideration.
Mr. Muir moved for the recommendation of the Committee, seconded by Mr. McDonough.
Addressing Council, Mr. Roe stated that the Fire Marshal’s Office does have authority to issue a summons under the Fire Code, as does the Police Department. He suggested that shopping centers, developments and apartment complexes first be notified by mail, to install proper signs before enforcement procedures begin.
After requesting a two minute recess to consult with his Committee, Mr. Hardcastle stated that a further reports to the Committee would not be necessary. He requested action by Council for Mr. Roe to proceed as suggested.
Mr. Muir withdrew his motion to approve the recommendation of the Committee, as did Mr. McDonough his second.
Mr. Witt moved for acceptance of the Safety Advisory Committee report, seconded by Mr. Bewick and carried.
Since an existing ordinance may be utilized to prosecute illegal parking in fire lanes, Mr. Hardcastle stated that his committee recommends that Mr. Roe proceed with notification to install proper signing, followed by enforcement under the Fire Code.
ORDINANCE - DIRECTIONAL SIGNS - NON-RESIDENTIAL ZONES
Council considered an ordinance that would add a new subsection to Article 5, Section 4, dealing with Supplementary Sign Regulations. This section will be known as 4.4 and as set forth in Article 3, Section 10.14. Sign requirements will be applicable to C-1, C-1A, C-2, C-2A, C-3, C-4, SC-1, Sc-2 and SC-3 non-residential zones.
Mr. Witt moved that a public hearing be held on September 13, 1976, at 8:00 P.M. The motion was seconded by Mr. Bewick and carried.
Questioned by Mr. McDonough, Mr. Roe stated that the purpose of the ordinance was to make all directional signs a standard size, two feet square as specified in the I0 Zone. This would cove such signs as parking, exit, drive-in, etc.
ORDINANCE - MOBILE HOMES - SKIRTED AND ANCHORED
An ordinance was presented that would amend Section 18-38 of the Municipal Code and add a requirement of anchors and the installation of skirting around the open space within thirty (30) days after occupancy.
Mr. Perman moved that a public hearing be set for September 13, 1976 at 8:00 P.M. The motion was seconded by Mr. Weyandt and carried.
ORDINANCE - GRASS AND WEEDS
An ordinance was presented to Council that would strike sections 30-4, 30-5, 30-6 and 30-7 entirely and add new sections 30-4 and 30-5.
These sections relate to weed and grass height and other unhealthy growths or noxious matter. The purpose of the amendment is to expedite the procedure of prosecution for violators.
Mr. Perman moved to set a public hearing on September 13, 1976 at 8:00 P.M. The motion was seconded by Mr. Weyandt and carried.
YMCA - REQUEST FOR ADDITIONAL FUNDS FOR NYPUM PROJECT
In a letter to Mayor Legates, Mr. Ted Ressler, Executive Director of the YMCA, requested a grant of $6,000 to cover future expenses of the National Youth Project using Mini-Bikes. The City of Dover has previously granted $16,000 for this program. Mr. Ressler stated that funds from this grant will run out in three months.
Mr. Hodge stated that the City has no funds available for the above request. The original grant of $16,000 was a categorical grant and the NYPUM program does not qualify for Revenue Sharing Funds.
Mr. McDonough asked if perhaps the $7,500 of Revenue Sharing, set aside for recreational purposes, could not be used to fulfill the request.
Mr. Hodge suggested that action be deferred on this matter for further study and consultation with Mr. James.
Mr. Weyandt moved to defer action on the $6,000 request of the YMCA to answer questions on the program. The motion was seconded by Mr. Hardcastle and carried.
Mr. Witt moved that Mr. Ressler be requested to submit a statement of expenditures in terms of time an dollars on the NYPUM program and refer the statement to the Legislative and Finance Committee for consideration. The motion was seconded by Mr. Hardcastle and carried.
The City Clerk was directed to request a financial statement of the NYPUM Project from Mr. Ressler.
Mr. McDonough suggested that the City Manager’s office check on the original $16,000 request for a comparison of how the budgeted items were allocated verses how the monies were actually spent by the YMCA.
GREATER DOVER CHAMBER OF COMMERCE - BLUE GRASS CONCERT
A letter from Paula K. O’Donnell and Patricia A. Jaffray, Director and Assistant Director of the Youth Employment Service, extended thanks to the City for permission to hold a Blue Grass Concert on The Green. Special thanks was given to the City Manager and City Clerk offices for their quick assistance and congenial cooperation.
On motion by Mr. Witt, seconded by Mr. Weyandt, Council acknowledged receipt of the letter.
REQUEST FOR WARNING SIRENS - YOUTH CENTER ESCAPEE
A letter from Mrs. Robert R. Wheeler of 912 Janeka Lane, commends the City Police on the quick apprehension of a Youth Center escapee. She further suggested that a warning siren be installed in the area to alert residents to take precautionary measures with children and the security of their homes.
Questioned by Mayor Legates, Chief Spence stated that such an installation would be the prerogative of the State.
Mayor Legates informed Council of a recent meeting with Mr. Keiv, where it was stated that the Youth Center on Water Street would be phased out in the near future. It would then remain empty or be used for the Work Release Program.
Mr. Hardcastle, speaking as the Chairman of the Adult Correction Advisory Committee, suggested that the letter be made a part of the agenda of that committee, at a future meeting. He will then report back to Council on the results of their discussion.
Mr. McDonough moved to acknowledge receipt of the letter and advise Mrs. Wheeler of Council’s action. The motion was seconded by Mr. Weyandt and carried.
ROYAL ROBUS RACES INTERNATIONAL
A telegram to Mayor Legates, from Royal Robus International states that the organization was looking for a City to hold an International. They requested contact with a City representative to ask the Mayor to unveil a five foot, 100 pound World’s Children Perpetual Trophy.
Mayor Legates will answer the correspondence.
REQUEST FOR WATER - FIRST UNITED PENTECOSTAL CHURCH
Reverend Wayne R. Trout, of the First United Pentecostal Church, requested City water at a new church site located on U.S. 13, north of Kentwood Mobile Homes. This property is not in the City limits.
Mayor Legates stated the City policy of not extending water or sewer service outside the corporate limits and noted that the location is not contiguous to present City boundaries.
Mr. Weyandt moved to deny the request and notify Reverend Trout of the City’s policy. The motion was seconded by Mr. Witt and carried.
GOLDEN OPPORTUNITY CENTER - APPRECIATION OF GRANT
Mr. Albert J. Govatos, Executive Director of the Golden Opportunity Center, expressed gratitude to Council for a $17,500 revenue sharing allocation.
Council acknowledged receipt of the letter.
AMERICAN CANCER SOCIETY - CUSTODIAN FUND
A statement of cash disbursements was received from Harold E. Remley, Treasurer of the Custodian Fund of the American Cancer Society, Delaware Division. Mr. Weyandt moved to acknowledge the report and ask why the money has not been invested to earn additional funds, while said funds were not being used. The motion was seconded by Mr. Witt.
Mr. Witt moved to amend the motion to ask for an accounting of the disbursements of the account, seconded by Mr. Bewick.
By a roll call vote of four (4) no, three (3) yes, Mr. Weyandt, Mr. Witt and Mr. Bewick, the amendment was defeated.
Mr. Witt suggested that an accounting of disbursements be requested for all grants awarded by the City.
By a roll call vote of four (4) yes, three (3) no, Mr. McDonough, Mr. Hardcastle and Mr. Perman, the motion to ask why the money was not invested was carried.
It was noted that stipulations as outlined in Mr. Weyandt’s motion and Mr. Witt’s amendment, should be made at the time the money is granted and not at a later date.
TEMPORARY MOBILE HOME - STATE DEPARTMENT OF PUBLIC SAFETY
Mr. Roe referred to a request by Secretary Hickman, of the Department of Public Safety, to install a mobile home adjacent to the State Police Garage. The home is to be used as a temporary lab.
After contacting the Department of Public Safety, Mr. Roe was informed that the mobile home will be utilized for a time period not to exceed one year. The lab will then be located in the headquarter building or move to the basement of the Odessa troop facilities.
Mr. Hardcastle moved to remove this matter from the table, seconded by Mr. Weyandt and carried.
Mr. Hardcastle moved to accept Mr. Roe’s recommendation to approve the installation for a period not to exceed one year. The motion was seconded by Mr. Weyandt.
Mr. McDonough questioned Council’s past policy of not allowing utilities to trailers and was informed that this installation would parallel similar approvals by Council for temporary bank facilities.
Mr. Perman questioned the use of flammable solvents in the lab that would cause fire or explosion.
Mr. Roe stated that no mention of chemicals in detail was made to him, but he would investigate this matter.
Mr. Perman moved to amend Mr. Hardcastle’s motion that Council’s approval is contingent upon Mr. Roe’s satisfaction that flammable or explosive type chemicals will not be used or contained in the lab. The amendment was accepted by Mr. Hardcastle and seconded by Mr. Witt.
On a voice call vote, the amendment was carried. By a voice call vote, Mr. Hardcastle’s motion was carried.
REQUEST FOR EXECUTIVE SESSION
Mr. Roe requested a short session after adjournment to discuss pending litigation. The request was granted.
REGISTRATION BY MAIL
Council discussed a report submitted by City Clerk Willis relating to voter registration by mail. The State of Delaware is actively accepting requests to register by post card and the report incorporated the various forms and procedures necessary to register.
It was Mr. Perman’s opinion that postcard registration would offset some of the confusion caused by dual registration. He felt that regardless of the difficulties that may be encountered, the City should investigate the possibilities of registration by mail to make it easier for residents to become eligible voters.
Mr. Perman suggested that the City Clerk present a plan for registration by mail that would be applicable to the City of Dover. He requested that a report by presented by the September 27th Council Meeting.
QUESTION OF ANNEXATION MORATORIUM
Mr. Witt questioned the recent annexation set by Council, since a moratorium of six months was set on annexations until a method to recoup the cost of utilities could be presented.
It was noted that the Ennis annexation, set for August 27, 1976, would not present an expenditure by the City. Mr. & Mrs. Ennis had been previously informed that all costs for the water tap would be borne by them.
The pros and cons of spot annexation was discussed at length.
PROGRESS ON REVITALIZATION OF DOWNTOWN DOVER
Mr. Hardcastle stated that he had been questioned by various downtown merchants on what progress the City had made in their part of the project.
Mayor Legates informed Council that the Delmarva Advisory Council is using the Downtown Dover Project as one of their projects. He will have more information after the next meeting of the Delmarva Advisory Council.
TRAFFIC LIGHTS - U.S. 13
Mr. Perman asked if the State Highway Department could be compelled to correct the traffic light time sequence for traffic crossing U.S. 13. As reported many times, the lights favor north and southbound traffic, holding east and westbound traffic for an unreasonable time.
Mr. Bewick suggested that Chief Spence contact Ray Pusey of the Highway Department. If the proper response is not obtained, then contact Mr. Haber.
Mr. Perman moved that a letter be sent to the State Highway Department requesting that the cycle time for east-west traffic be reduced to facilitate a shorter waiting time.
The motion was seconded by Mr. Hardcastle.
Mr. Bewick suggested that the City Manager’s office write a letter to Mr. Pusey, inviting him to a Council meeting to explain the traffic signal cycle on Rt. 13.
By a voice call vote, Council approved Mr. Perman’s motion.
RAILROAD CROSSINGS
Mr. Hardcastle again approached the subject of rough railroad crossings within the City of Dover.
Mayor Legates suggested that the City Manager’s Office contact Conrail by letter on the subject.
In answer to questions by Mr. McDonough, concerning the City or State underwriting the cost and making repairs until a future date, Mr. Bewick and Mr. Woods stated that all efforts in that direction have been blocked by the railroad union.
Meeting Adjourned at 9:15 P.M.
Executive Session Adjourned at 9:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 9, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
August 16, 1976
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