REGULAR MEETING
May 24, 1976
The Regular Meeting of Council was held on May 24, 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.
AMENDED MINUTES OF APRIL 26, 1976
Mr. Hardcastle moved, seconded by Mr. Perman, that the amended minutes of the Regular Council Meeting of April 26, 1976 be approved as submitted. The motion was carried. The following is a correction and addition to those minutes.
CITY OF DOVER PLANNING COMMISSION - PROPOSAL BY DOVER BUSINESS DIRECT IMPROVEMENT GROUP
Mr. Witt moved to acknowledge receipt of the letter, but not to consider one-way street patterns at this time, which is incorporated in the Downtown Plan. The motion was seconded by Mr. Weyandt.
SECTION 16 - CENTRALIZATION OF CITY GOVERNMENT
Mr. McDonough moved, seconded by Mr. Perman, that Council employees be administered by the City Manager, with the exception of the City Solicitor.
Mr. Bewick moved to amend the motion to read, that Council employees be administered by the City Manager, with the exception of the City Solicitor, and be appointed by Council upon the recommendation of the City Manager for a one year term. Failing to get a second, the motion failed.
Mr. Witt called for the question on Mr. McDonough’s motion. On a roll call vote of four (4) yes, three (3) no, Mr. Weyandt, Mr. Muir and Mr. Witt, one (1) absent, Mr. Hardcastle, the motion was defeated for lack of a majority.
MINUTES
The Minutes of the Regular Meeting of City Council held on May 10, 1976, were accepted and bore the written approval of Mayor Legates.
RESOLUTION - JAMES W. NUNNERY
Mayor Legates stated that the untimely death of James W. Nunnery is an extreme loss of a valuable employee to the City of Dover.
On motion by Mr. Witt, seconded by Mr. Bewick, Council adopted the following resolution.
WHEREAS, James W. Nunnery, Sr. has been employed by the City of Dover for 14 years and 9 months as Senior Foreman of meter relaying in the City of Dover Electric Department, he having started to work with the City of Dover on August 28, 1961; and
WHEREAS, James W. Nunnery, Sr. has been a long time and trusted employee of the City of Dover; and
WHEREAS, James W. Nunnery, Sr. died on Saturday, May 22, 1976.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express deep regret at the untimely death of James W. Nunnery, Sr. and they extend their deepest sympathy to the members of his family.
2. The Mayor and Council pass this Resolution as a tribute to the long and trusted service rendered by James W. Nunnery, Sr. to the City of Dover as Senior Foreman of meter relaying in the Electric Department.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful services performed by James W. Nunnery, Sr. during his lifetime.
ADOPTED MAY 24, 1976
REPORTS
Chief of Police Report for the Month of April was accepted.
Building Inspector and Fire Marshal Report for the Month of April was accepted.
City Planner Report for the Month of April was accepted.
City Alderman Report for the Month of April was accepted.
Cash Receipts, General Fund, for the Month of April was accepted.
Budget Report, General Fund, for the Month of March was accepted.
Cash Receipts, Electric Revenue Fund, for the Month of April was accepted.
Budget Report, Electric Revenue Fund, for the Month of March was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of April was accepted.
City Manager’s Report for the Month of April was accepted.
CITY MANAGER’S WRITTEN REPORT
Mr. James reported that final letters for collection of all delinquent ambulance bills have been mailed and action be taken in May for those that do not respond.
Eighty applicants were interviewed for summer employment in the Recreation Department with twenty-four positions being filled.
The Richardson Farm bridge spanning the drainage ditch has been completed except for black topping the roadway.
Questioned by Councilman Hardcastle relative to scheduling the Senior Surrey on Sunday, Mr. James said that a recent survey of the senior citizens showed that a majority would rather depend on neighbors and family for transportation to church. Similar schedules for Old Dover Days and Municipal Elections resulted in a very small percentage of utilization by Senior Citizens.
On motion by Mr. Witt, seconded by Mr. Bewick, Council approved the City Manager’s report.
J. P. COURT #7 REPORT
A check in the amount of $5,341.20 was received for the month of April. The City Clerk reported that no deferred payments for the month were available due to vacation schedules at the Court.
On motion by Mr. Hardcastle, seconded by Mr. Perman, Council accepted the report as submitted.
PUBLIC HEARING - COMPREHENSIVE PLANNING STUDY
Prior to the opening of the hearing for the Comprehensive Sewer Planning Study, Mr. James explained its purpose, noting that the City sanitary sewer system appears to be grossly overloaded in certain areas. Anticipated future growth of the City and severe rain storms will and has contributed to stormwater entering the sanitary sewer system which is metered and charged to the City of Dover by the County.
Betz Environmental Engineers, Consultants for the City, have substantiated that infiltration is occurring. Monies are available for the study, design and construction of the needed improvements in the system. Discussions in public meetings, with adequate notice to citizens, have been held on several occasions. He stated that the hearing tonight will be the last point of public involvement in the proposed projects before design of these needed improvements is begun.
Mayor Legates declared the hearing open and asked if anyone was present to speak for or against the Comprehensive Sewer Planning Study. There was no one present and no correspondence.
There was a general discussion by Council on the various projects included in the study and the effects that the improvements will have in certain locations of the City. Mayor Legates declared the hearing closed.
On motion by Mr. Perman, seconded by Mr. Bewick, Council approved the Comprehensive Sewer Planning Study, dated July 1975, by a unanimous roll call vote. Mr. Muir and Mr. Harris were absent.
PUBLIC HEARING - WILLIAM H. AND MABEL V. DAVIDSON REZONING
A public hearing was duly advertised for this time and place to consider the property of William H. and Mabel Davidson located at R.D. 4 Box 429A, Whiteoak Road. Mayor Legates declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence. The Planning Commission recommended denial of the rezoning. Mayor Legates declared the hearing closed.
On motion by Mr. Weyandt, seconded by Mr. Witt, Council denied the rezoning on the recommendation of the Planning Commission by a unanimous roll call vote. Mr. Muir and Mr. Harris were absent.
REPORT - LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on May 19, 1976 at 7:30 A.M. with Chairman Muir presiding.
Travel Trailers Parked Adjacent to Residences
The Committee heard presentations from Mr. Ralph Lane defending the right to park a travel trailer up to thirty-one feet adjacent to his residence and the objections of Mr. John Azzolini and Mr. Edward Rezac.
According to an opinion given by the City Solicitor, the City exceeded the requirements of Delaware State Law in notification to the public before adoption of the ordinance on travel trailers, which provides for side yard storage of trailers. In addition, the Solicitor stated that it would be unconstitutional to legislate against or place controls or restrictions on this practice. If Council rescinded the ordinance, present residents who have stored trailers in this manner could continue to do so as a non-conforming use until they sold the property, moved, or abandoned the privilege for one year.
Questioned by Mr. Perman, Mr. Rodriguez stated that he did not think that the Amendment to the ordinance, acted on the night of the public hearing, was a major change of substance, therefore, legally adopted by Council without the necessity of re-advertising.
The Committee did not feel that they could resolve this particular controversy between the complaining parties and Mr. Lane, and so advised all concerned. Council took no action on the matter.
Dog License Fees and Fines
Council discussed the City ordinances on dogs, with Mr. Perman stating that he did not feel present fines provided in the ordinance were sufficient to deter violators.
Mr. Perman moved that this matter be referred to the Legislative and Finance Committee for further study and recommendations. The motion was seconded by Mr. McDonough. On a roll call vote of four (4) yes, two (2) no, Mr. Witt and Mr. Bewick, Mr. Muir and Mr. Harris absent, the motion was carried. Chief Spence was requested to furnish the Committee with copies of the State Law.
Revenue Sharing Allocations
The Committee recommended that revenue sharing requests be reviewed for action by Council at the June 14th meeting. Mr. James stated that the Plan Use Report must be in the hands of the Federal government by June 24, 1976.
Mr. McDonough requested that Council be furnished information showing allocations of previous years, nature of the organization submitting the request and total amount requested and budgeted.
On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council approved the recommendation of the Committee. The Committee of the Whole will meet on this matter, prior to the June 14th Council Meeting.
Ordinance - Adopting Ordinances
Considering the nominal cost involved in advertising public notices of all ordinances, the Committee recommends that Council adopt an ordinance which incorporates this provision.
On motion by Mr. Witt, seconded by Mr. Perman, Council approved the recommendation.
Vehicles - Recreation Department - Planning Aide I
Mr. James informed Council that two Pintos had been purchased at $3,000 each for the Recreation Director and the Planning Aide I.
On motion by Mr. Hardcastle, seconded by Mr. McDonough, Council approved the purchase of the above vehicles.
On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council accepted the Committee report as submitted.
ORDINANCE - COLLECTION OF TRAILER LICENSE FEES
On motion by Mr. McDonough, seconded by Mr. Perman, Council by a unanimous roll call vote, Mr. Muir and Mr. Harris absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
The City Manager is hereby vested with the power, authority and responsibility for collection of all trailer license fees and in collecting said fees, he shall have all of the power and authority granted by the Charter and Ordinances of the City.
ADOPTED MAY 24, 1976
ORDINANCE - SECTION 17 - ADOPTION OF ORDINANCES
Council next considered the adoption of an ordinance to amend Section 17 of the Dover City Charter be striking the existing Section 17 and adding a new Section 17, which relates to the adoption of ordinances by Council.
Council was informed that this ordinance would be adopted to amend Section 17 of the Charter and would require legislative action. It was noted that a deadline of May 1st was set for submission of bills to the General Assembly, therefore, this change probably could not be enacted in this session.
Mr. McDonough moved that the ordinance to amend Section 17 of the Charter be adopted, seconded by Mr. Weyandt.
Mr. Witt questioned the section of the amendment that states all ordinances would not become effective until 30 days after adoption.
The Solicitor explained that Section B (5), would provide for instances where time limitations are involved such as the adoption of the budget.
Mr. Bewick moved to table the motion to adopt the ordinance, until the City staff can review same and report what impact it might have in the various departments and functions of the City. The motion was seconded by Mr. Witt and carried by a roll call vote of five (5) yes, one (1) no, Mr. Perman. Mr. Muir and Mr. Harris were absent.
Mr. Witt moved that the ordinance be referred to the Legislative and Finance Committee for further study, seconded by Mr. Weyandt and carried. Mr. Perman voted no.
ORDINANCE - LEAF COLLECTION - MARCH AND APRIL
On motion by Mr. McDonough, seconded by Mr. Weyandt, Council by a unanimous roll call vote, Mr. Muir and Mr. Harris absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code, Section 26-3 (b) is hereby amended to read as follows:
“(b) Leaf accumulations. The placing of leaves in the City streets is prohibited except during leaf collection scheduled by the City Manager in the fall, generally between September 15 and December 15, and during the months of March and April as scheduled by the City Manager.”
ADOPTED MAY 24, 1976
ORDINANCE - ICE SKATING
On motion by Mr. Hardcastle, seconded by Mr. Weyandt, Council by a roll call vote of five (5) yes, one (1) no, Mr. Perman, Mr. Muir and Mr. Harris absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by striking Section 21-9.4 in it’s entirety and be adding a new Section 21-9.4, Park and Recreation Regulations, to read as follows:
“Sec. 21-9.4 Ice Skating.
(a) All persons shall skate at their own risk and use their own judgement as to when and where the ice is safe for skating.
(b) When skating, all persons shall be under obligation to refrain from fast and reckless skating when such skating might endanger the life, or limb of other persons.
(c) The City of Dover reserves the right to prohibit ice skating at any time that it is deemed in the best interest of the public.”
ADOPTED MAY 24, 1976
SECURITY FORCE - PARKS - CROSSING GUARDS, ETC.
Mr. Hardcastle referred to a list of proposals from Chief Spence dealing with a guard force to more effectively control vandalism in the park areas and also increased lighting at Dover Parks and Recreation Centers.
Mr. James stated that possibly the entire park area of the Dover Park and Recreation Center can be lighted in the next fiscal year.
The proposed guard force that will be supervised and trained by the Police Department, will cost approximately $112,000 per year including uniforms but will be full time employees of the City. This force will replace guards hired from outside sources for McKee Run, crossing guards, etc.
The report has been referred to the Parks, Playgrounds and Trees Committee for review and recommendations.
COMPARISON LIST - LAND USE PLAN AND ZONING PLAN
Mr. Roe was requested to prepare a list of properties which would indicate the Land Use Plan for the City in comparison to the Zoning Plan. He stated that it would probably involve a month of research to prepare the list.
REZONING REQUEST - DORIS H. KOHN - LOTS #6, #7 and #8 S. GOVERNORS AVENUE
A request was received from Doris H. Kohn to rezone lots #6, #7 and #8 on South Governors Avenue. On motion by Mr. McDonough, seconded by Mr. Weyandt, 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 at Lot #6 fronting on Bradford Street and Lots #7 and #8 fronting on Governors Avenue and said lots being south of the Capitol Grange, are presently zoned for R-8 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 June 28, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-8 to RG-0 that property located at Lot #6 fronting on Bradford Street and Lots #7 and #8 fronting on Governors Avenue, owned by Doris H. Kohn.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 24, 1976
PETITION - MINI-BIKES - WEDGEWOOD
A petition, signed by twelve (12) residents of Wedgewood, was received from Guy T. Bowdle. Mr. Bowdle suggested that the City provide an area for the use of mini-bikes that are using a vacant lot adjacent to Wedgewood Development, fronting on Webbs Lane.
Chief Spence informed Council that the lot has been posted and a local agent assigned by the owner, Robino, Inc., to work with the Police Department to prevent trespassing. As reported by local residents, this has solved the problem.
The City Clerk was instructed to notify Mr. Bowdle of this action.
MILBOURNE PROPERTY - MINOR STREET AND S. GOVERNORS AVENUE
Mr. James Godwin, an heir to the above property, was present to request that Council expedite final transactions for deed transfer to the City of Dover.
Mr. James reported that the deed is now being searched. When the Solicitor finalizes the paper work, the City will take ownership for a purchase price equal to the assessment, $14,800.
TAX EXEMPTION - RICHARDSON AND ROBBINS
The City Manager briefed a letter from Wesley College, in essence, asking that they be considered tax exempt on the Richardson and Robbins property located on Kings Highway. An appeal was not made in the prescribed time due to an administrative error, according to Wesley officials.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council referred the matter to the Legislative and Finance Committee.
DEMAND CHARGE - FORMER I L C INDUSTRIES
Mayor Legates asked the City Manager to briefly outline a request from the owner and tenant of the former ILC Industries facility, who requested a special election rate and relief on the established demand charges.
Since the building will house two businesses, Mr. James informed the representative that the service could be spilt or each could apply for a commercial rate. In the latter case, all transformers and switches would revert to the City and the method of billing could not be changed.
Mayor Legates and the City Manager informed the owner and representative that the City of Dover is prohibited from making special concessions related to electric rates by the rules and regulations of the bond covenants.
On motion by Mr. McDonough, seconded by Mr. Witt, Council unanimously backed the Mayor and City Manager in their stand on the request.
MEETING ADJOURNED AT 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council in their meeting of May 24, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
May 31, 1976
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