REGULAR MEETING
May 10, 1976
The Regular Meeting of Council was held on May 10, 1976, at 7:30 P.M., with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman and Bewick. Councilmen Witt and Harris were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
ADOPTION OF THE MINUTES OF APRIL 26, 1976
Mr. Bewick stated that he did not second Mr. Witt’s motion to acknowledge receipt of Mr. Julian Massey’s letter, Chairman of the Planning Commission, and not to consider one-way street patterns at this time, which is incorporated in the Downtown Plan.
Mr. Bewick also requested the minutes to reflect a motion by him that received no second. The motion read as follows:
The City Clerk, Treasurer, Building Inspector, Fire Marshal, Alderman and City Assessor shall be recommended by the City Manager and will report to and be supervised by same, but will be appointed annually by the Council. Council will prescribe their powers and duties.
Mr. McDonough moved that the City Clerk prepare an amendment as described above for Council consideration, seconded by Mr. Perman and carried.
On motion by Mr. Weyandt, seconded by Mr. Bewick, Council accepted the minutes as amended.
REPORT - PARKS, PLAYGROUNDS AND TREES REPORT
The Parks, Playgrounds and Trees Committee met on May 3, 1976, with Vice-Chairman McDonough presiding.
Guy Isenburg - City Tree Causing Sewer Blockage
Considering a complaint by Mr. Guy Isenburg of 96 Orchard Avenue, concerning a City owned tree causing a sewer blockage in his sewer latteral, the Committee deferred action until an opinion on the property owner’s responsibility could be obtained.
Silver Lake Regatta - Delaware Windsurfing Fleet #827
The Committee considered a request by Mr. Walter McCann, representing the Delaware Windsurfing Fleet, to hold a regatta on Silver Lake on August 1, 1976.
It is their recommendation that an ordinance or proclamation be enacted to restrict the north side of Silver Lake for a sailing race on the aforementioned date. No power boats would be allowed beyond the south side of the bridge except the regatta Committee boat and all boat fees would be waived for this event only.
On motion by Mr. McDonough, seconded by Mr. Hardcastle, Council approved the recommendation of the Committee.
Park Area Vandalism
Mr. Woods reported damage of approximately $150 to signs in the City of Dover Park and Recreation area over the May 1st and 2nd weekend. Since that time, signs have been destroyed at Silver Lake and Mirror Pond according to the City Manager. In addition, broken glass was spread over tennis courts in the park causing temporary closing.
Much concern was expressed over this situation and Mr. Hardcastle stated that special meetings of the Parks, Playgrounds and Trees Committee will be held to discuss the problem.
On motion by Mr. Weyandt, seconded by Mr. Bewick, Council accepted the report as submitted.
REPORT - SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on May 3, 1976, with Vice-Chairman McDonough presiding.
Parking Request - Delaware Signal
Mr. William Stokesbury was present to withdraw his request for a no parking zone on New Street until an alternative plan could be developed with the owners of Simon’s Department Store.
Yield Sign - Woodcrest Turn and Buttner Drive
After considering the results of a traffic survey conducted by the State at the intersection of Woodcrest Turn and Buttner Drive, the Committee recommended the signing remain as posted.
On motion by Mr. McDonough, seconded by Mr. Weyandt, Council approved the recommendation of the Committee.
Downtown Merchants Association - One-Way Streets
Mr. Bernard Ettenger was present to request, in behalf of the Downtown Merchants Association, withdraw of the plans for one-way streets as presented to the Planning Commission. The Committee accepted the request.
A report to improve the overall traffic flow in and around the City of Dover was furnished to the Committee by Chief Spence.
Mr. Bewick pointed out that other than items 1, 2 and 4 of the nine proposals on Chief Spence’s report, all other proposals would be State Highway Department projects. He suggested that the Safety Advisory Committee establish priorities to submit same to the Highway Department for funding on their six year program after approval of Council.
On motion by Mr. Hardcastle, seconded by Mr. Muir, Council accepted the report as submitted.
PRESENTATION -DOWNTOWN MERCHANTS ASSOCIATION
Mr. Joseph Bellmeyer, Vice-President of the Downtown Business District Improvement Group, Inc., addressed Council in behalf of all citizens who are interested in the revitalization of the downtown area.
Mr. Bellmeyer expressed concern on the continuing decay of the tax base in the downtown area and urged the support of the City in a plan of revitalization.
Mr. Fred Turner, President of Kendree and Shepherd Planning Consultants Inc., outlined the results of a survey prepared in booklet form for Council’s review. The survey showed that 87% of the people favored improved downtown parking, pedestrian access, rest areas and trees such as a mall.
The area to be improved would extend from State Street to New Street. Mr. Turner urged that workshops be held by Council to facilitate a firm decision and plan that would support the revitalization of the downtown area.
PUBLIC HEARING - TRAFFIC CONTROL SIGNS - THE HAMLET
A public hearing was duly advertised for this time and place to consider the traffic control signing of The Hamlet. Mayor Legates declared the hearing open. There was no one present to speak for or against the proposed signing and no correspondence. Mayor Legates declared the hearing closed and asked for Council’s discussion and action.
Mr. Perman questioned the wisdom of a yield sign for traffic on Forest Creek Drive proceeding on Old Forge Drive, when the bulk of residents live on Forest Creek Drive.
Chief Spence explained that Forest Creek Drive is a dead end which will carry mostly local traffic familiar with the area. Old Forge Drive is more apt to carry non-resident traffic.
Mr. Bewick moved that the ordinance be approved, seconded by Mr. Hardcastle. By a roll call vote of six (6) yes, Mr. Harris and Mr. Witt absent, Council approved the motion and adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The City has recently accepted the streets in the development known as The Hamlet and it is, therefore, necessary to post and enforce adequate traffic control signs and signals.
2. Yield signs shall be erected at the following locations requiring traffic to yield at these intersections to traffic traveling on the preferred streets or roads:
(a) For traffic proceeding on Forest Creek Drive to yield to traffic proceeding on Old Forge Drive at the intersection of Forest Creek Drive and Old Forge Drive.
(b) For traffic traveling on Meadow Garden to yield to preferred traveling on Old Forge Drive at the intersection of Meadow Garden Drive and Old Forge Drive.
(c) For traffic traveling on Ironwood Circle to yield to preferred traffic traveling on Hitching Post Drive at the intersection of Ironwood Circle and Hitching Post Drive.
(d) For traffic traveling on Kent Circle to yield to preferred traffic traveling on Hitching Post Drive at the intersection of Kent Circle and Hitching Post Drive.
3. Stop signs shall be erected at the following locations:
(a) At the intersection of Hitching Post Drive with Old Forge Drive requiring traffic traveling north on Hitching Post Drive to stop at this intersection.
(b) At the intersection of Hitching Post Drive and Village Drive, requiring traffic traveling on Hitching Post Drive to stop at this intersection.
4. The established speed limit on all roads and drives in The Hamlet shall be 25 MPH and appropriate speed limit signs shall be posted on Village Drive just north of Walker Road and on Old Forge Drive just west of Saulsbury Road.
5. This Ordinance shall be enforced upon erection of appropriate signs.
ADOPTED MAY 10, 1976
ORDINANCES - PUBLIC HEARING SET FOR MAY 24, 1976
On motion by Mr. Weyandt, seconded by Mr. Muir, Council directed that public hearings be set on May 24, 1976, at 8:00 P.M. to consider the following ordinances.
1. An ordinance that would give the City Manager the vested power, authority and responsibility for collection of all trailer license fees.
2. To amend Sections 26-3 of the Municipal Code to permit the placing of leaves on the City streets for collection during the months of March and April as scheduled by the City Manager.
3. To strike Section 21-9.4 of the Municipal Code in its entirety and add a new Section 21-9.4 of the Parks and Recreation Regulations on ice skating.
4. To amend Section 17 of the Dover City Charter by striking the existing Section 17 and adding a new Section 17 which relates to the adoption of ordinances by Council.
PROCLAMATION - NATIONAL NURSING HOME WEEK
WHEREAS, long term facilities in our community have dedicated themselves to providing quality care to those entrusted to their care, and
WHEREAS, many of out convalescing aged and chronically ill citizens spend varying periods of time in long term care facilities, and
WHEREAS, the long term care profession has forcefully demonstrated its dedication by continually striving to upgrade standards of care and improve services, and
WHEREAS, member homes of the American Health Care Association and the Delaware Health Facilities, Inc. are sponsoring many activities in observance of National Nursing Home Week beginning Mother’s Day, May 9th.
NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DOVER:
1. Urge all residents of this community to join in this observance and participate in a demonstration of recognition, support, encouragement and appreciation for the high standard of care, long term care facilities are providing in our community.
ADOPTED MAY 10, 1976
REMARKS ON DESTRUCTION OF PAYNE REPORT
The following is Councilman Perman’s statements concerning the actions of former Mayor Crawford J. Carroll relative to the Payne Report.
“Public Officials by and large are given a public trust when they are elected. I believe they should be accountable for all their actions. This trust should be maintained and owed at all times to the electorate throughout their elected office. Violation of this trust should not and must not be tolerated. When there are problems, I think we should expose them and that person or persons should be accountable for them. Toleration of such violations of trust, or misuse of power, I think basically will corrode our democratic processes as is evidenced in the Watergate problems that we had not too long ago.
Recent unauthorized payment and destruction of the attitude survey of the Dover Police Department, called the Payne Report by ex-Mayor Crawford Carroll, constitutes a violation of his public trust and use of his office.
Out City Clerk researched out records and could find no authorization by anybody authorizing the destruction of that report which did cost the City sixteen hundred and twenty-five dollars (1,625).
I believe he should be held accountable by this body for his actions. I have two motions that I would like to make in regards to that.”
Mr. Perman moved that City Council of Dover institute action against Crawford J. Carroll, former Mayor, for the reimbursement of sixteen hundred and twenty-five dollars ($1,625) which was the sum payed out of City funds to Donald Payne, Consultant, for that report which the ex-Mayor destroyed without proper authorization. For the purpose of discussion, Mr. McDonough seconded the motion.
Mr. McDonough stated that he does not agree with what Mayor Carroll has done either and he voted against the motion before. The only reservation that Mr. McDonough had and has now, is that he would be willing to support a motion to censure the former Mayor, as long as that was the extent of it, to take public acknowledgment of the fact that at least he felt that Mayor Carroll did do something wrong as a public official. Mr. McDonough did not feel that Mayor Carroll had the right or authority to destroy the report but he did not see that anything would be gained by making Mayor Carroll financially repay the City. In addition, Mr. McDonough did not feel that Mayor Carroll gained anything personally out of the report and should not pay for its replacement.
Mr. McDonough stated that he would be willing to support a motion to censure Mayor Carroll but that is as far as he would be willing to go.
Mr. Perman said that the ex-Mayor held the trust of the citizens of Dover, including the members of the City Police Department, and by authorizing money for the report in attempt to resolve some problems in the Department and the apparent destruction of the report, as reported by the City Solicitor, Mayor Carroll violated his trust both to the citizens and members of the Dover Police Department.
Mr. Perman felt at the minimum, Mayor Carroll owes the City of Dover the funds that he expended for the Payne Report.
Mr. Bewick felt that the Payne Report should not have been destroyed and should have been turned over to the present Mayor. However, Mr. Bewick was told that there was an understanding among members of Council that the Payne Report was to be delivered personally to Mayor Carroll. He felt there was nothing to be gained by trying to penalize Mayor Carroll because Council is not going to get the report.
Mr. Bewick felt that it would be right to take action if something could be accomplished, but he felt that the motion is a vindictive action so he must vote no.
On a call for the question by Mr. Hardcastle, Council by a roll call vote of five (5) no, one (1) yes, Mr. Perman, Mr. Witt and Mr. Harris absent, defeated Mr. Perman’s motion to take action against Mayor Carroll for reimbursement of the sum payed for the Payne Report.
Mr. Perman moved that Council file a complaint with the Office of the Attorney General, State of Delaware, against Crawford J. Carroll, former Mayor, for his unauthorized destruction of a City record known as the Payne Report, which consisted of an attitude survey on the Dover Police Department prepared by Donald P. Payne, Consultant.
On a call for the question by Mr. Hardcastle, Council by a roll call vote of five (5) no, one (1) yes, Mr. Perman, defeated the motion. Mr. Witt and Mr. Harris were absent.
Mr. McDonough moved that the City Council go on record as censuring Crawford J. Carroll, the former Mayor of the City of Dover, in his act of destroying officially purchased City property without the concurrence of the Council then in office. Mr. Perman seconded the motion.
On a roll call vote of four (4) no, two (2) yes, Mr. McDonough and Mr. Perman, Council defeated the motion. Mr. Witt and Mr. Harris were absent.
REZONING REQUEST - H & H BUILDERS
A request was received to rezone land on Water Street owned by H & H Builders. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. McDonough, 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 Water Street are presently zoned for RG-1 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 RG-1 to RG-0 that property located on Water Street, owned by H & H Builders.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 10, 1976
B.P.O.E. - REQUEST TO PURCHASE ADVERTISEMENT
A letter was received from Jane M. Downes, Daughter Ruler of the Pride of Dover Lodge #1125 notifying Council of the 56th Annual Tri-State Convention to be held June 25th through June 30th.
A request was made to purchase an advertisement in their booklet for the sum of $20.00 for half of a page or $40.00 for a full page.
On motion by Mr. McDonough, seconded by Mr. Muir, Council approved the purchase of a full page advertisement and directed the City Manager to contact the organization. Mr. Bewick voted no.
LETTER - REQUESTING REZONING OF 8 SOUTH GOVERNORS AVENUE
A letter from William L. Oxley Sr. requested rezoning of a property at 8 South Governors Avenue for the purpose of operating a television repair business.
On motion by Mr. McDonough, seconded by Mr. Weyandt, Council directed that Mr. Oxley be contacted by Mr. Roe and advised that he must submit an application to the Planning Commission. The motion was approved.
MR. JAMES - GENERAL INFORMATION
The City Manager advised Council that proposed Charter changes have been introduced by Senator Zimmerman, and Representatives Miller and McGinnis to the General Assembly as Senate Bill #686.
HEARING SET - ELECTRIC SYSTEM BUDGET
Mr. James stated that a revised budget for fiscal year 1976 and proposed budget for fiscal year 1977 have been reviewed by the consultants representing the bond holders.
In order to meet the bond covenants, he suggested that a public hearing be set for June 14, 1976 at 8:00 P.M. On motion by Mr. Muir, seconded by Mr. McDonough, Council approved the recommendation of the City Manager.
HEARING SET - GENERAL FUND BUDGET
Mr. James recommended that the General Fund Budget Hearing be set for June 14, 1976, at 8:00 P.M.
On motion by Mr. Muir, seconded by Mr. McDonough, Council approved the recommendation of the City Manager.
BUDGET AND ORDINANCE ADVERTISING AND ADOPTION
Mr. James explained that the adoption of the Electric and General Fund Budget requires the adoption of an ordinance for each. It was his recommendation that the ordinances be advertised for June 14, 1976 and a public hearing be held that date for adoption of same. On motion by Mr. Muir, seconded by Mr. Weyandt, Council approved the recommendation.
PUBLIC HEARING FOR ALL ORDINANCES
Mr. McDonough moved that the question of a public hearing for all ordinances be referred to the Legislative and Finance Committee for recommendation to Council. The motion was seconded by Mr. Weyandt and carried.
GENERAL INFORMATION
Mayor Legates announced that he had been nominated to attend the National Security Forum at the Air War College and will be out of town from May 15th to May 22nd. Vice-Mayor Harris will represent the Mayor in any obligation that may arise in the Office of the Mayor.
Meeting adjourned at 9:28 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council in their meeting of May 10, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
May 17, 1976
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