REGULAR MEETING
July 26, 1976
The Regular Meeting of Council was held on July 26, 1976, at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt, Harris and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
Mr. Witt questioned the inclusion of Mr. Perman’s remarks regarding a letter from former Mayor Carroll concerning the Payne Report, in the Minutes of June 28, 1976. Noting that letter had not been directed to Council by Mr. Perman, it was Mr. Witt’s opinion that the remarks were strictly of a personal nature and should not appear in the official minutes.
Mr. Witt moved that the entire contents of the Minutes, under the heading of “Councilman Perman - Payne Report”, be stricken with the exception of the first two sentences in the first paragraph. The motion was seconded by Mr. Weyandt.
Under discussion, Mr. Perman felt that certain pertinent remarks made by a Councilman, as in this incident, should be included in the Minutes where it involves a rebuttal or defense of one’s action.
On a roll call vote of five (5) no, Mr. McDonough, Mr. Hardcastle, Mr. Perman, Mr. Harris and Mr. Bewick, three (3) yes, Mr. Weyandt, Mr. Muir and Mr. Witt, the motion was defeated.
Mr. McDonough moved to accept the Minutes as submitted, seconded by Mr. Weyandt and carried. Mr. Witt voted no.
GAVEL PRESENTED BY STATE
Mayor Legates displayed a gavel presented by Secretary of State Robert Reed to the City at the dedication of the State House. The gavel was fashioned from the wood from the old State House with a plaque inscribed “Wood from the Delaware State House 1787 - 1791". It will become a part of the permanent archives of the City of Dover.
REPORTS
Chief of Police Report for the Month of June
Mr. Witt recommended increased radar surveillance in the north Dover area due to the complaints of area residents concerning speeding buses and automobiles.
Chief Spence reported that the City of Dover Security Force is now on duty at the Municipal Park from 7:30 A.M. to 12:30 A.M.
On motion by Mr. Hardcastle, seconded by Mr. Weyandt, Council accepted the report as submitted.
Building Inspector and Fire Marshal Report for the Month of June was accepted.
City Planner’s Report for the Month of June was accepted.
City Alderman’s Report for the Month of June was accepted.
Cash Receipts, General Fund, for the Month of June was accepted.
Budget Report, General Fund, for the Month of May was accepted.
Cash Receipts, Electric Fund, for the Month of June was accepted.
Budget Report, Electric Revenue Fund, for the Month of May was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of June was accepted.
CITY MANAGER’S REPORT
Mr. James reported that the City Engineer’s Office has begun working on design and installation of sanitary sewer to Country Club Apartments. This project will be coordinated with the installation of the water loop line to be installed before the end of December 1976.
There was an increase of 12.9% electric usage during June in the City service area over June of 1975 and a 17% increase of water usage for the same period. The water usage is attributed mainly to McKee Run.
A request for vacation beginning August 2nd and ending August 13th was granted the City Manager.
On motion by Mr. Bewick, seconded by Mr. Hardcastle, Council accepted the City Manager’s report as submitted.
J.P. COURT #7 REPORT
A check in the amount of $5,092.50 was received from J.P. Court #7 for the Month of June. The deferred payments as of June 30th totaled $30,871.50. With the cooperation of the Finance Department, the City Clerk’s Office obtained the deferred payment total through examination of each account maintained by Court #7. A survey of the ledger cards revealed that approximately one-third of all deferred payments owed to the City of Dover are considered dead or inactive and one-third are active accounts. Warrants have been issued for arrest upon apprehension on the remaining one-third.
On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council approved the report as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - JULY 21, 1976
The Legislative and Finance Committee met on July 21, 1976 with Chairman Muir presiding.
Underwood Property - Tax Exempt
Based on an opinion from the City Solicitor, the Committee reaffirmed their previous recommendation to deny a tax exemption request by Wesley College for the Underwood property.
Mr. Rodriguez stated, in a letter to Mayor Legates dated July 6, 1976, that the City has no mechanism for granting tax exempt status, since no ordinance has been passed by Council implementing Article 8, Section 1, of the Delaware Constitution.
The above item was deferred in the June 28th Regular meeting. Mr. Witt moved to remove the question from the table, seconded by Mr. Weyandt and carried.
Mr. Witt moved, seconded by Mr. McDonough, that Council approve the recommendation of the Legislative and Finance Committee and deny the request for tax exemption for the Underwood property. By a unanimous roll call vote, the motion was carried.
Ordinance to Adopt Tax Exempt Article 8, Section 1 - Delaware Constitution
Council discussed the possibilities of adopting an ordinance implementing a section of the Delaware Constitution giving Municipalities the authority to grant tax exemption to certain properties. The discussion related to drawing an ordinance to encompass specific categories of property verses an ordinance written in general terms leaving each request to the discretion of Council.
Mr. Perman moved, seconded by Mr. Hardcastle, that Mr. Rodriguez draw an ordinance to implement Article 8, Section 1 of the Delaware Constitution with the description of properties designated in general terms. The motion was carried.
Mr. Hardcastle moved to refer the ordinance drawn by the solicitor to the Legislative and Finance Committee for study and recommendation to Council. The motion was seconded by Mr. Witt and carried. Mr. Perman voted no. It was his opinion that the ordinance should be brought before Council for discussion.
Extension of Leave - Collins and Sipple
Mr. James presented a request from Mr. Leon Collins and Mr. Fred Sipple for an extension of leave time. In both cases, accrued leave has been exhausted due to lengthy illnesses.
The Committee discussed the matter and recommends that a six (6) week extension or thirty (30) days be granted to Mr. Collins and Mr. Sipple with the stipulation that this time will be payed back upon return to active employment.
Council was informed by the City Manager that Mr. Collins had received an unexpected release by his physician and therefore withdraws his request for an extension.
In considering Mr. Sipple’s request for an extension of leave due to a lengthy illness, Council noted that a precedent had been set on similar requests for employees who had exhausted accrued leave.
Mr. Bewick moved that Council approve the recommendation of the Committee, seconded by Mr. Muir and carried.
On motion by Mr. Bewick, seconded by Mr. Weyandt, Council accepted the Legislative and Finance Committee Report relating to the July 21, 1976 meeting.
Mr. Perman suggested a study to determine the feasibility and cost of long time disability coverage for all City employees.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - MEETING OF JULY 6, 1976
The Legislative and Finance Committee met on July 6, 1976 with Mr. Muir presiding, specifically to discuss temporary signs being placed on properties for political purposes.
The following recommendations were submitted for Council’s approval.
Residential Areas - Political Signs
Not more than one sign can be placed on a residential lot with a maximum sign size of 2' x 4' and an overall height not to exceed three feet.
Historical Zone - Political Signs
The residential requirements would apply for signs places in the Historical Zone, with the exception that signs must be placed in a manner that would not destroy the architectural atmosphere of that area.
Signs in a residential area placed next to a hedge or fence will not exceed six and one-half feet (6½) in height. This coincides with the Zoning Code requirements for hedges and fences.
Commercial Zones - Political Signs
The Committee recommended that no more than two 4' x 8' signs be permitted per establishment. All locations would be approved by the Building Inspector to insure that the signs do not cause safety problems or other inconveniences due to the location.
Signs to be placed in shopping centers would require the permission of the center owner only.
All signs will be removed within ten days after the date of the election.
On motion by Mr. McDonough, seconded by Mr. Weyandt, Council approved the recommendation of the Committee.
PUBLIC HEARING - PROPOSED EXPANSION OF HISTORIC ZONE
A public hearing was duly advertised for this time and place to consider an amendment to the Zoning Map that would expand the present Historic Zone. Mayor Legates declared the hearing open. There was no one present to speak for or against the proposed Historic Zone expansion and no correspondence. Mayor Legates declared the hearing closed. All residents in the area were notified by certified mail in accordance with the zoning ordinance.
On motion by Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote, accepted the recommendation of the Planning Commission to amend the zoning map by enlarging the Historic Zone and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE HISTORIC ZONE.
WHEREAS, the City of Dover has enacted a Zoning Ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to enlarge the Historic Zone as described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover has been amended by enlarging the present Historic Zone as follows: All that certain block of lands within the City of Dover bounded on the north by North Street; on the west by New Street; on the south by Bank Lane; and on the east by a line lying 75' to the east of the easterly line of Governors Avenue, said line extending from North Street on the north to the present Historical Zone on the south.
ADOPTED JULY 26, 1976
CITY OF DOVER PERSONNEL POLICY & HANDBOOK ADOPTION
Council considered the City of Dover Personnel Policy and Handbook as prepared by the City Manager’s Office and reviewed by the Legislative and Finance Committee.
Mr. Perman questioned the general descriptions of policies under “Introduction and Purpose”. Specifically, he questioned the fourth paragraph which states “Polices and benefits quoted in this booklet are excerpts from the master policies on file in the City Manager’s Office”.
Mr. Hodge replied that this was meant to be of a general nature and not spelled out in detail in the handbook. Copies of the master policies are retained by the City Manager.
Mr. Perman next questioned the term “personal business” under the heading “Overtime Pay”. Mr. Hodge replied that lost time for personal business, in the case of an hourly employee, would be deducted from the total hours worked when figuring overtime.
A discussion followed relating to whether general terms should be used under “Introduction and Purpose”, or detailed policy procedures outlined.
Mr. McDonough moved to retain general descriptions in the handbook, seconded by Mr. Weyandt and carried. Mr. Perman voted no. Mr. Muir was absent.
Mr. Witt moved to adopt the City of Dover Employee Handbook, seconded by Mr. Weyandt. On a roll call vote of six (6) yes, two (2) no, Mr. McDonough and Mr. Perman, Council adopted the handbook.
COUNCILMAN PERMAN - COUNCIL COMMITTEE STRUCTURE
Mr. Perman felt that the sudden termination of discussion on the Employee Personnel Policy Handbook was an example of a weakness in the Committee structure of Council. He stated that many times, items are shuffled to committees when discussion by Council as a whole would be much more beneficial. It was his opinion that if more items were discussed in this manner, more public input would be afforded to the citizens. He resented the Legislative and Finance Committee holding meetings in early morning hours for policy discussions and then shutting off discussion on the Council floor by moving for the recommendation of the Committee.
Mayor Legates stated that Committees were formed to staff out the work and there has to be some faith in the Committees structure. It was his opinion that this system works. Even though a motion to adopt cuts off discussion, Mayor Legates felt that this is a procedure of parliamentary law and an example of democracy that has worked for years.
Mr. Witt reminded members of Council that the Roberts Rules of Order was adopted as a tool to conduct Council meetings.
BICENTENNIAL COMMITTEE - EXPRESSION OF GRATITUDE
A letter from Mikki Brockstedt, Administrative Director of the Bicentennial Committee, expressed sincere appreciation to the Mayor, members of Council and members of the staff for interest shown in their committee and the Independence Festival.
Mayor Legates stated that no citizen could have contributed more to the City, in the past years, than Mrs. Brockstedt. She brought great honor to the City during the Bicentennial weekend.
STATE NEWS - DIRECTION ‘76
A request to purchase as advertisement in the “Direction ‘76" edition of the Delaware State News was brought before Council a second time.
Mr. Witt moved that the City purchase a one-half page advertisement for a charge of One-hundred and Ninety-five Dollars ($195), seconded by Mr. Perman. On a roll call vote of two (2) yes, r. Perman and Mr. Witt, and te remaining six (6) Councilmen voting no, the motion was defeated.
Mr. McDonough moved that a one-sixth page advertisement be purchased for a charge of Seventy Dollars ($70). The motion was seconded by Mr. Weyandt. On a roll call vote of four (4) yes, Mr. McDonough, Mr. Weyandt, Mr. Perman and Mr. Bewick, and four (4) no votes, Mr. Muir, Mr. Hardcastle, Mr. Witt and Mr. Harris, the motion was defeated.
HISTORIC VINTAGE CAR CLUB - PICNIC AND TOUR
Mr. Raymond C. Montsch, President of the Historic Vintage Car Club of Delaware, requested that thirty parking spaces be reserved at the City of Dover Parks and Recreation Center on August 22, 1976. If parking could not be reserved at the City of Dover Parks and Recreation Center on August 22, 1976. If parking could not be reserved on the paved surface lot, Mr. Montsch requests the use of the open field adjacent to the park building.
A discussion followed on the use of alcoholic beverage consumption during a planned picnic in the park facilities.
Mr. George Rubenson of 365 Nimitz Drive addressed Council, stating that a value of at least $150,000 could be placed on the cars that would be present. There was concern by members and wish to keep them together for surveillance. He further stated that there would be no use of alcoholic beverages since this was to be a family picnic.
Mr. McDonough moved that the request be granted for a time period of 3:00 P.M. to 5:00 P.M. under conditions as stipulated by the City Manager. The motion was seconded by Mr. Hardcastle and carried.
CHILDREN’S SHELTER - WEBBS LANE
Mr. George S. Thorbahn, representing Interstate Shelter All, informed Council that through an unintentional error, a shelter for school children had been placed in the City limits. The structure provides shelter for children who live in the Caesar Rodney School District.
Mr. Roe stated that the shelter did not conform with the City Zoning Code, which prohibits accessory buildings within the front yard.
Mr. Witt moved that the shelter be permitted to remain at its present location as long as it is properly maintained. The motion was seconded by Mr. Perman.
On a call for the question, the motion was defeated. Mr. Roe will advise Mr. Thorbahn by letter that Council denied the request.
STATE OF DELAWARE - PUBLIC SAFETY DEPARTMENT - TRAILER REQUEST
Mr. Lemuel H. Hickman, Secretary of Public Safety for the State of Delaware, requests permission to locate a 12' x 65' trailer at the north end of the State Police Garage. The trailer would house a lab to be used by the State Chemist.
Mr. Hardcastle moved to table this matter until more information could be obtained on whether the trailer would be permanent, or temporary until a permanent facility is built. The motion was seconded by Mr. Weyandt and carried.
Mr. Roe was instructed to investigate the matter and report back to Council.
MR. WILLIS - VACATION REQUEST
A request for one week vacation was granted to Mr. Willis beginning August 16, 1976.
SENATE BILL #256 - STATEWIDE MEETING OF CITY OFFICIALS
Mayor Legates asked Council’s permission to hold a meeting on August 18, 1976 in the Council Chambers. The purpose of the meeting would be a discussion on Substitute Senate Bill #256 or The Sunshine Bill. Mayors and Councilmen throughout the State would be in attendance. Councilman Witt will speak on the Sunshine Bill and its effects on municipalities, with Mr. Rodriguez hopefully being in attendance for consultation.
Mr. Perman asked if the meeting could be held in the evening hours. Mayor Legates consented to consult Mr. DeValinger to determine if another meeting time could be arranged.
VOTER REGISTRATION BY MAIL
Mr. Perman asked if the City Clerk has researched a recent enacted bill which provides for voter registration by mail. Mr. Willis replied that he had not, but would do so at his earliest convenience.
RAILROAD CROSSINGS
Mr. Perman reported numerous complaints about the railroad crossings and asked if any progress had been made to facilitate an improvement.
Mr. James stated that he had no further progress to report. He was informed that since the Conrail takeover, some of the delays had been resolved.
Mayor Legates said that the Delmarva Advisory Council is making progress through meetings with the State and other organizations.
TRAFFIC CONDITIONS - ROUTE 13
Mr. Witt spoke with great concern over the intolerable traffic conditions on Route 13 in Dover, especially on weekends. He urged Council to go on record for some type of limited access by-pass around the City.
Mr. Witt suggested that Council plan a public meeting for residents, inviting all candidates running in the November election to discuss the matter.
Mr. Bewick stated that overpasses at various locations had been studied by the Highway Department. The fact that ramps would have to be built at each location and the extensive property damage that this would cause, makes overpasses prohibitive.
Mr. Witt moved that the Gubernatorial candidates be invited to attend the August 23rd Council meeting to discuss this matter. The motion was seconded by Mr. Perman.
Mayor Legates will contact Congressman DuPont and Governor Tribbitt by letter.
On a voice call vote, the motion was carried.
ROE REQUEST - ORDINANCE REVISIONS - GRASS - TRAILERS - SIGNS
Mr. Roe asked Council’s permission to have the City Solicitor review the ordinances relating to grass cutting, signs in commercial areas and trailer installation. He cited as an example, the ordinance dealing with grass cutting, which has prohibitive time lapses between the date of first notice and actual enforcement.
Mr. Weyandt moved that the Solicitor review the ordinance with Mr. Roe and prepare the necessary revisions for approval by Council. The motion was seconded by Mr. Bewick and carried.
MCKEE RUN SECURITY
Mr. James requested that Council convey some guidelines relating to future use of a private security force at McKee Run verses recruiting additional personnel in the City of Dover Security Force for that purpose.
Discussions with the consultants to the bond holders revealed that there would be no objections in either usage, as long as the expenditures did not exceed the budgeted amount approved by that firm.
The City Manager recommended that Bennett Detective Agency be utilized for the remainder of the fiscal year and bids sought for the fiscal year 1977-78.
Mr. Witt moved that competitive bids be sought for the remainder of this fiscal year, seconded by Mr. Harris.
Mr. Bewick moved for a substitute motion that would approve the use of Bennett Detective Agency for the remainder of fiscal year 1976-77 by contract, and thereafter competitive bids be advertised and awarded for a one year period. The motion was seconded by Mr. McDonough. By a roll call vote of six (6) yes, two (2) no, Mr. Witt and Mr. Perman, Council approved Mr. Bewick’s motion.
Mr. Witt withdrew his motion, as did Mr. Harris his second.
CLIFFORD ENNIS - FOREST STREET - REQUEST FOR ANNEXATION
Mr. James received a letter from Clifford and Elizabeth Ennis of 1124 Forest Street requesting City water. This request was based on a similar request made by a neighbor of Mr. Ennis’s which was granted by Council through annexation. Although this particular request does not ask for annexation, the City Manager does have letters on file from Mr. & Mrs. Ennis asking to be annexed. They are aware, as stated by Mr. James, of the costs involved to tap the City water main.
Mr. Perman reminded Council that a moratorium had been placed on annexations, until such time that the City Manager could formulate guidelines to insure that utility installation costs could be recouped.
Mr. Hardcastle moved that 1124 Forest Street, owned by Clifford and Elizabeth Ennis be set for an annexation referendum on August 27, 1976. The motion was seconded by Mr. Muir.
The City Clerk was requested to research Council action on the six month moratorium set by Council at a previous meeting.
On a roll call vote of seven (7) yes, one (1) no, Mr. Witt, the motion carried and 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 west of Dover 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 Clifford and Elizabeth Ennis lying in East Dover Hundred, Kent County, Delaware, being contiguous to the City of Dover and bounded on the north by the southerly line of Delaware Route 8, known as Hartly Road, also known as Forrest Street; on the east by lands of others, and consisting of lot numbers 11, 12, 13, 14, 22 and 23 and a portion of a 15' wide alley, as appear on a plan of “Country Club Estates”, dated 1927, and recorded in deed record L-13-409; this parcel has a frontage of 200' on Hartly Road, and extends back between parallel lines a distance of 1007.1, more or less, on the east, and a distance of 1016.5', more or less, on the west, to their intersection with the northerly line of lands of Walker Mifflin Estate, being the present boundary of The City of Dover, and contains 4.65 acres of land, be the same more or less.
2. That an election be held on the 27th day of August, A.D. 1976, commencing as the hours 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 JULY 26, 1976
Meeting Adjourned at 11:05 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 26, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
August 2, 1976
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