REGULAR MEETING
June 28, 1976
The Regular Meeting of Council was held on June 28, 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
The Minutes of the Regular Council Meeting of June 14, 1976, were accepted and bore the written approval of Mayor Legates.
Mr. Perman asked if there is a policy that determines the letters to be included in the Official Minutes, under correspondence, stating that sometimes letters are a part of the record and other times they to not appear in the Minutes.
Mayor Legates answered that any letters to him, that can be referred to a Committee or channeled through the City Manager, do not become a part of the Minutes. Letters requiring Council action are read at the next Regular Meeting.
He further cited Senate Bill #256 which mandates that each letter must be listed on the Agenda. Letters received after the Agenda is publicly posted, will be held until he next meeting, although the bill provides for changing the Agenda the night of the meeting.
The City Clerk stated that letters read in a Regular Meeting become a part of the Official Minutes without exception.
REPORTS
Chief of Police report for the Month of May was accepted. Questioned by Mr. Perman concerning the Police Department Promotional Plan, Mayor Legates stated that the plan is in the hands of the department for their approval. Copies will be made available to Council after final acceptance.
Building Inspector and Fire Marshal Report for the Month of May was accepted. In discussing the matter of grass and weed violations, Mr. Roe stated that the time period and cost of certified letters, posting and issuing summons is prohibitive. He will review the present ordinance with the City Solicitor and present a proposed change to Council by the next meeting.
City Planner Report for the Month of May was accepted.
City Alderman Report for the Month of May was accepted with fines of $751.00 remitted.
Cash Receipts, General Fund, for the Month of May was accepted.
Budget Report, General Fund, for the Month of April was accepted.
Cash Receipts, Electric Fund, for the Month of May was accepted.
Budget Report, Electric Revenue Fund, for the Month of April was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of May was accepted.
CITY MANAGER’S REPORT
Mr. Witt inquired if the entire General Fund bank balance for the month of May is deposited in one account. It was pointed out that the account is only insured for an amount up to $100,000.
Mr. Witt moved to refer this matter to the Legislative and Finance Committee to study the various City accounts for a recommendation to Council. Mr. Weyandt seconded the motion, suggesting that the Committee could average the individual accounts for a twelve month period to insure that a balance is maintained below $100,000.
On a roll call vote of four (4) yes, four (4) no, Mr. McDonough, Mr. Hardcastle, Mr. Perman and Mr. Bewick voting no, the motion was defeated.
On motion by Mr. Bewick, seconded by Mr. Weyandt, Council accepted the City Manager’s Report as submitted.
GASOLINE AND OIL BID AWARD
Mr. James reported only two bids received on the gasoline and oil requirements of the City as listed below:
Southern States Carl King Inc.
Regular Gas 39.4¢ per gallon 39.8¢ per gallon
Unleaded Gas 41.4¢ per gallon 42.8¢ per gallon
Premium Gas 42.8¢ per gallon 45.8¢ per gallon
Diesel Fuel 36.5¢ per gallon 37.8¢ per gallon
Fuel Oil #2 35.9¢ per gallon 36.8¢ per gallon
Based on the outcome of the bid, the City Manager recommended that the contract for fuel, gasoline and oil be awarded to Southern States Dover Petroleum Cooperative for a period of two years.
On motion by Mr. Hardcastle, seconded by Mr. Weyandt, Council by a unanimous roll call vote, approved the recommendation and awarded the bid to Southern States Dover Petroleum Cooperative.
TIRE, TUBE AND SERVICE - BID AWARD
Mr. James received bids from Buchanan Service (Firestone), Goodyear and Delaware Tire Center, which were opened June 25, 1976 at 3:00 P.M. After careful study of each category of the bid, it was the City Manager’s recommendation that a one year contract be awarded to Buchanan Service (Firestone).
Mr. Witt moved for the recommendation of the City Manager, seconded by Mr. Bewick. By a unanimous roll call vote, Council awarded the bid to Buchanan Service (Firestone).
PUBLIC HEARING - REZONING OF LOTS #7 & #8 GOVERNORS AVENUE & LOT #6 BRADFORD STREET
A public hearing was duly advertised for this time and place to consider the rezoning of lots #7 and #8 on S. Governors Avenue and Lot #6 on S. Bradford Street, owned by Doris H. Kohn. Mayor Legates declared the hearing open.
Mr. Michael Foster of Nate Cohen Realty, representing Dr. Harold Halpern and H & F Corporation, addressed Council. In accordance with the recommendation of the Planning Commission to deny rezoning of Lot #6 on S. Bradford Street and because of the objections of residents in the area, Mr. Foster withdrew the request to rezone Lot #6 fronting on S. Bradford Street.
He further requested that Council act on rezoning lots #7 and #8, fronting on S. Governors Avenue in accordance with the recommendation of the Planning Commission.
Mr. Muir moved that the developer be permitted to withdraw Lot #6, fronting on Bradford Street, for consideration of rezoning, seconded by Mr. Weyandt. Council by a unanimous roll call vote approved the request.
Mayor Legates then declared the public hearing for consideration of the rezoning of lots #7 and #8 only, fronting on S. Governors Avenue.
Mr. Bayard Sweetman of 879 S. Governors Avenue, asked for a definition of RG-0 zoning, the type of building to be constructed and restrictions governing front yard set back and side yard requirements.
Mr. Roe quoted the restrictions and stated that plans for the building to be constructed would have to be submitted for site approval.
Mr. Steven Horvath, owner of 1075 S. Bradford Street asked if Lot #6 on S. Bradford Street could be opened for through traffic to the lots on S. Governors Avenue.
Since Lot #6 on S. Bradford Street will remain zoned R-8, Mr. Roe stated that it would be prohibitive to open a through traffic access from one zone to another.
Mr. Edgar Cregar, Jr. of 1079 S. Bradford Street asked if the lots were rezoned, would area residents have an opportunity for input on the size and type of building to be constructed. Mr. Roe quoted the zoning code restrictions relative to the lot sizes of those proposed for rezoning.
The City Clerk read into the Record, a letter from William E. Garrett of 975 S. Governors Avenue and Helen W. Warner of 979 S. Governors Avenue, objecting to the proposed rezoning.
Mrs. Linda Shipman, of 086 S. Bradford Street, addressed Council stating that she was greatly concerned about the tendency of the area to be subjected to the type of zoning which allows a semi-commercial type of construction. She spoke specifically to the esthetic and environmental encroachment on the existing residential atmosphere in the area. In summation, Mrs. Shipman felt that the area had sufficient penetration of parking lots and professional buildings. It was her wish to maintain the present residential quality.
Mrs. Juanita Lovegrove objected to the possibility of multi-family units being allowed under the proposed zoning if the professional building use did not materialize.
Council noted that an RG-0 zoning in this area is in keeping with the Comprehensive Land Use Plan. Regardless, there was a consensus of opinion that the increasing requests for professional buildings due to the close proximity of the hospital must be considered carefully in future decision to allow further expansion into an established residential area.
Mr. Muir moved for the recommendation of the Planning Commission to rezone lots #7 and #8 fronting on S. Governors Avenue to RG-0. The motion was seconded by Mr. McDonough. By a roll call vote of five (5) yes, three (3) no, Mr. Perman, Mr. Witt and Mr. Bewick, Council approved the rezoning and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT LOTS #7 & #8 FRONTING ON S. GOVERNORS AVENUE.
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 change the permitted use of the property described below from R-8 to RG-0.
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 changing the zoning designation from R-8 to RG-0 on that property located at Lots #7 & #8 fronting on South Governors Avenue.
ADOPTED JUNE 28, 1976
PUBLIC HEARING - REZONING OF LAND ON WATER STREET BY H & H BUILDERS
A public hearing was duly advertised for this time and place to consider the rezoning of lands owned by H & H Builders, located on the south side of Water Street between State Street and Governors Avenue.
Mayor Legates declared the hearing open.
Mr. Edgar Harman, representing H & H Builders, stated that the land would be used to construct a professional building with underground parking. Mr. Calvin Clendaniel had been engaged to design a building in keeping with the surrounding area and State complex.
Questioned by Council, Mr. Roe stated that Reverend Howe and board members of the Episcopal Church had no objections to the proposed rezoning for the purpose of a professional building. However, they expressed a desire to review the site plan and building plans when presented to the Planning Commission.
Mr. Weyandt moved to adopt the recommendation of the Planning Commission for approval with the stipulation that the Episcopal Church be given every opportunity to review the site plan when available. The motion was seconded by Mr. Witt. Council, by a unanimous roll call vote, approved the rezoning and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON WATER STREET.
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 change the permitted use of the property described below from RG-1 to RG-0.
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 changing the zoning designation from RG-1 to RG-0 on that property located on Water Street.
ADOPTED JUNE 28, 1976
J.P. COURT #7 REPORT
A check in the amount of $5,716.90 was received from J.P. Court #7 for the Month of May. The City Clerk reported that deferred payments for the Month of May were not reported for the Month of May, as in April. However, arrangements have been made with the Court’s Chief Clerk to avail records for the purpose of compiling unreported deferred payments. An employee from the Finance Department, working with the City Clerk’s Office, will obtain the information needed to close out the fiscal year ending June 30, 1976.
REPORT - LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met at 7:30 A.M. on June 23rd and June 24, 1976 with Chairman Muir presiding.
Advertisement - Direction ‘76 Tabloid
The first item of business of the Committee was consideration of a request from the Delaware State News to purchase an advertisement in the Direction ‘76 Tabloid to be issued on August 22, 1976.
The Committee recommends that an advertisement not be purchased in this issue, with Mr. McDonough opposing the vote.
On motion by Mr. Weyandt, seconded by Mr. Muir, Council approved the recommendation of the Committee. Mr. McDonough and Mr. Perman voted no.
Wesley College - Tax Exempt Properties
Mr. Herman Meinersman and George Jones were present to discuss a tax exempt request for the Underwood property on Kings Highway, recently acquired by Wesley College.
Mr. Jones, attorney representing Wesley, stated that a tax should not have been imposed on the property, in accordance with Title 9 of the Delaware Code, subsection 8103. To impose a tax in this particular case would be in violation of the Delaware Code.
Mr. McDonough moved to defer further action on the request to enable the City Solicitor to study the Delaware Code and report his findings to Council. The motion was seconded by Mr. Bewick.
Mr. James took exception to Mr. Jones’ opinion, stating that legislation passed approximately three years ago, superseded Title 9 of the Delaware Code, giving an exemption to Municipalities.
On a call for the question by Mr. Hardcastle, Council voted to defer action on the matter until a legal opinion could be obtained from Mr. Rodriguez.
Revenue Sharing Allocations
Council next considered the revenue sharing allocations as recommended by the Legislative and Finance Committee.
As designated below, and in accordance with the Committee’s recommendation, Mr. Hardcastle moved to accept the recommendation, seconded by Mr. Muir.
SOCIAL SERVICES RECREATION
Geriatric Services of Del. $ 8,500 Y.M.C.A. $ 3,000
Golden Opportunity Center, Inc. 17,500 Uncommitted 4,500
Capitol Green Day Care Center, Inc. 1,000
United Cerebral Palsy of Del., Inc. 2,385 Total 7,500
Catholic Social Services, Inc. 5,115
Delaware Opportunities Industrialization Center 10,000
Total $ 44,500
The City Manager reported that out of eleven applicants for revenue sharing monies, only three did not appear before the Committee to speak for their request.
On a call for the question by Mr. Hardcastle, Council by a unanimous roll call vote, allocated revenue sharing funds as recommended by the Committee.
Dog Ordinance Fines
Mr. Perman moved that Section 7-10, paragraph B of the dog ordinance, be amended to read “The owner of any dog impounded may claim his dog upon payment of a penalty of five dollars ($5.00) for a first offenses, ten dollars ($10.00) for a second offense and twenty-five dollars ($25.00) for any subsequent offense, costs imposed for violation of this Article and a charge of two dollars ($2.00) per day for keeping and maintaining the dog.” The motion was seconded by Mr. McDonough.
Chief Spence explained that the police officer now issues a summons with a maximum fine of five ($5.00) for any subsequent offense. The summons relieves the necessity of time spent in court by the arresting officer. If the owner receiving the summons does not answer by mail, then a warrant is issued and the fine can range up to one-hundred dollars ($100.00).
After a lengthy discussion concerning the present summons method of enforcing the dog ordinance verses increasing the fines with frequency of violations, Mr. Bewick moved to table Mr. Perman’s motion, referring all ordinance fines to the Legislative and Finance Committee for study, with input from Chief Spence. The motion was seconded by Mr. Weyandt and carried with Mr. Perman opposing.
Extension of Sick Leave - Clayton Hershberger
The Committee considered a request by Clayton Hershberger for an extension of sick leave. Mr. Hershberger has exhausted his accrued sick leave due to a lengthy illness.
It was recommended that six weeks be granted with the stipulation that the time will be payed back after his return to active employment.
Mr. Weyandt moved in favor of the recommendation, seconded by Mr. Witt.
Questioned by Mr. Perman and Mr. Hardcastle, Mr. James explained that on his return to work, Mr. Hershberger will not accrue any sick leave until the six weeks or thirty working days is payed back.
On a call for the question by Mr. Hardcastle, Council voted to approve the Committee’s recommendation.
Appointment - Joseph McDaniel III - Library Commission
Mayor Legates recognized the recommendation of the Legislative and Finance Committee and submitted the name of Joseph McDaniel III, to serve a five year term, from June 17, 1976 to June 16, 1981 as a member of the Library Commission.
On motion by Mr. Hardcastle, seconded by Mr. Witt, Council by a unanimous roll call vote approved the appointment.
Ordinance to Adopt Ordinances
The Committee noted that an ordinance to adopt ordinances would be submitted for enactment by the General Assembly at their next session, after approval by Council.
Mr. McDonough suggested that the City Clerk keep an active file on all ordinances submitted to the Legislative and Finance Committee for recommendations.
City Employee Personnel Policy
Mayor Legates pointed out that each Council member has been furnished a copy of the City Employee Personnel Policy. He suggested that the policy by reviewed for Council action at the meeting of July 12, 1976.
Podiatrist - Business License Listing
Mr. Witt stated that, excluded from the Legislative and Finance Minutes, was a discussion relating to the inclusion of the term “podiatrist” on the City of Dover business licenses. Mr. Witt moved that “Podiatrist” be included on the license form, seconded by Mr. McDonough and carried.
On motion by Mr. Witt, seconded by Mr. Weyandt, Council approved the report of the Legislative and Finance Committee.
APPOINTMENT - DAVID H.L. KING - DOVER PARKING AUTHORITY
On motion by Mr. Bewick, seconded by Mr. Weyandt, Council appointed David H.L. King to the Dover Parking Authority for a five year term to expire June 30, 1981.
REZONING REQUEST - CITY OF DOVER PLANNING COMMISSION - HISTORICAL ZONE
A request was received from the City of Dover Planning Commission to extend the boundaries of the Historical Zone. On motion by Mr. McDonough, seconded by Mr. Witt, Council adopted the following resolution.
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, 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 July 26, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would extend the boundaries of the Historical 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.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JUNE 28, 1976
REQUEST - CONTRIBUTION TO PURCHASE LANDS - WHITE CLIFFS OF DOVER
A letter from Mrs. Sarah Scull suggested that the City of Dover contribute to the National Trust for the purpose of purchasing available land on the White Cliffs of Dover, England.
Mr. Witt moved to acknowledge receipt of the request and regretfully inform Mrs. Scull that the City has no available funds for this particular purpose. The motion was seconded by Mr. Weyandt and carried.
REQUEST TO SPONSOR YOUTH TRIP - OPERATION PUSH
Ms. Marian Penn, Coordinator of Operation Push, requested that Council sponsor a trip to Washington D.C. for youth during their annual convention to be held July 20th through July 24th. The cost for bus transportation would amount to $135.00.
Mr. Hardcastle moved to acknowledge receipt of the request and regretfully inform Ms. Penn that the City has no available funds to support this program. The motion was seconded by Mr. Witt and carried.
AIR CONDITIONING NOISE - MRS. ALFRED S. BIGGS SR.
Letters were received from Phillip G. Baynard and Mrs. Alfred S. Biggs Sr. complaining that air conditioning noise, emanating from the law offices of Harold Schmittinger and the office of William Manter, was causing excess noise pollution. They asked that Council do something to rid them of this unbearable noise which invades the peace and quiet of their home.
Mrs. Biggs was present to speak to Council, stating that she had contacted Mr. Schmittinger on several occasions, with no results.
Asked to comment on the problem, Mr. Rodriguez stated that this particular matter is not a public nuisance, but a private problem. It was his opinion that Council should not become involved in matters of this nature. If a mutual agreement cannot be reached, then Mrs. Biggs has the right to file suit against Mr. Schmittinger to test the validity of the complaint.
Mr. Perman disagreed, quoting the City ordinance covering excessive noise, and stated that the City should either enforce ordinances or take them off the books.
Mayor Legates agreed with the Solicitor, explaining that it is the citizen’s prerogative to attempt an amicable agreement. If this is impossible, then it is the citizen’s prerogative to file suit. Further, if Council becomes involved in complaints of this nature, they will be deluged with similar cases.
In the discussion that followed, it was suggested that the City purchase a decibel meter for use in related complaints. In opposition to the aforementioned, Council was informed that there are very few individuals qualified to operate the meter and present acceptable testimony in court. The City’s consulting firm charges $450 per day for this service.
Mr. Weyandt moved that Mr. Rodriguez contact Mr. Schmittinger to discuss his intentions relating to the air conditioner and report to Council at the meeting of July 12th. The motion was seconded by Mr. Bewick.
Mr. Roe stated that he would contact Mr. William Manter and Mr. Harold Schmittinger and report in writing to Council within ten days of the outcome of his investigation.
Based on Mr. Roe’s action, Mr. Weyandt withdrew his motion as did Mr. Bewick his second to the motion.
GENERAL INFORMATION
Mr. James reported that all Charter amendments submitted to the General Assembly were signed by the Governor on June 11, 1976 and are a part of the Delaware Law.
In addition, for the purpose of discussing pending litigation, the City Manager requested an executive session following adjournment of Council.
Mr. Roe informed Council that on July 12th, the Kent County Planning Commission will hold their annual meeting. He will not be in attendance at Council to attend this function.
ELECTION POSTERS
Mr. Roe asked for guidelines from Council in the placement of political signs for the coming election in November. These signs will be in violation of the City’s Building Code.
Mr. Witt moved to refer the matter to the Legislative and Finance Committee, seconded by Mr. Bewick and carried.
COUNCILMAN PERMAN - PAYNE REPORT
Mr. Perman referred to a letter from former Mayor Carroll to members of Council concerning his action on the Payne Report. It was his feeling that the letter did not answer certain questions brought up by him in Council.
Mr. Perman has written a letter to Mayor Carroll asking the following questions:
1. Why did he destroy the report, which was payed for by One Thousand Six Hundred and Twenty-Five Dollars ($1,625) of public funds?
2. What, or who, gave him the authority to destroy the Payne Report without Council authorization?
3. Will he provide the City of Dover with either a copy of the Payne Report or return One Thousand Six Hundred and Twenty-Five Dollars ($1,625)?
Mr. Perman has asked former Mayor Carroll to attend this meeting or any subsequent meeting to answer these questions. He has not received an answer.
PARK AND RECREATION BUILDING
In response to a question by Mr. Hardcastle, Mr. James stated that there is no plans to open the City of Dover Park and Recreation Center Building over the fourth of July holidays.
Relating to this subject, the City Manager stated that a problem has developed at the park due to parents dropping off small children who cannot take care of their own sanitary needs. Park personnel are becoming babysitters to the point that it infringes on the time allowed to perform normal duties. A more detailed report will be given to Chairman Hardcastle at a later date.
Mayor Legates asked that as many Councilmen as possible attend the various functions scheduled for the Bicentennial Celebration.
He reminded Committee Chairmen that when Senate Bill #256 is signed, all Committee meetings are required to be posted, displaying a formal agenda.
Meeting Adjourned at 10:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of June 28, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
July 6, 1976
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