REGULAR MEETING
March 8, 1976
The Regular Meeting of Council was held on March 8, 1976, at 7:30 P.M., with Mayor Legates presiding. Members present were Messrs. McDonough, 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 February 23, 1976, were accepted and bore the written approval of Mayor Legates.
DELAWARE AMERICAN REVOLUTION BICENTENNIAL COMMISSION PRESENTATION
Ms. Louise Prickett, Director of the Delaware American Revolution Bicentennial Commission, addressed Council relative to an exhibit of the historical events and attractions in the State of Delaware. The exhibit will be located in the old Penn National Bank Building across from Independence Hall in Philadelphia from April 1, to October 31, 1976. The City of Dover is asked to contribute a prorated share of $3,297.53 to fund this project along with other municipalities and the three countries.
Mayor Legates informed Mr. Prickett that the matter would be considered and that she would be notified of Council’s decision.
REPORTS
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Chairman Hardcastle informed Council that Councilman Joseph McDonough would serve as Vice-Chairman of the Parks, Playgrounds & Trees Committee as well as the Safety Advisory Committee.
Ice Skating - Silver Lake
It was recommended by the Committee that the City adopt a policy of “skate at your own risk and use your own judgement” relative to ice skating on Silver Lake. Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Bewick.
In discussion, Mr. Perman pointed out a conflict with this policy in the Parks and Recreation Regulations, Section 9-A, which states that “all persons shall abide by the directions of the Director as to when and where ice shall be available for skating”.
It was suggested that an amendment to this ordinance would be in order if Council approved the Committee’s recommendation.
On a call for the question to approve Mr. Hardcastle’s motion, Council by a vote of six (6) yes, one (1) no, Mr. Perman, approved the recommendation of the Committee.
Municipal Ice Rink
The Committee recommended that any action to study the feasibility of a municipal ice rink be delayed based on the possibility of a study by private business who may build a family sports activity center.
On motion by Mr. Hardcastle, seconded by Mr. Muir, Council approved the recommendation.
Mr. Hardcastle moved that the Parks, Playgrounds and Trees Committee report be accepted. The motion was seconded by Mr. Muir and carried.
SAFETY ADVISORY COMMITTEE
No Parking Zone - Woodcrest Arms Apartments
In considering a complaint by Marvin E. Holloway of 881 Woodcrest Drive, concerning parking at Woodcrest Arms Apartments, the Committee recommended that ten feet be designated “no parking” to provide a loading and unloading zone at the main entrance walkway.
Mr. Hardcastle moved for the recommendation of the Committees, seconded by Mr. Perman. Council by a unanimous roll call vote approved the loading and unloading zone and adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. A no parking zone shall be created on the west side of Woodcrest Drive for a distance of ten feet marking the walkway coming out of an apartment complex directly across the street from 881 Woodcrest Drive to prevent the parking of vehicles where said walkway enters Woodcrest Drive.
2. This Ordinance shall be enforced upon the erection of appropriate signs and/or the appropriate marking of the curb to designate that it is unlawful to park vehicles therein.
ADOPTED MARCH 8, 1976
Delaware Electric Signal - Underground Gas Tank
Mr. William Stokesbury requested approval to install a 500 gallon gasoline tank at 145 South New Street. The Committee recommended that the request be denied citing the fire hazard and zoning restrictions.
Mr. Witt moved to deny the request, seconded by Mr. Hardcastle and carried.
Yield Sign - Buttner Drive and Woodcrest Turn
Since Buttner Drive is a private road and Woodcrest Turn is a public street, the Committee recommended that the “stop” sign at this intersection not be replaced with a “yield” sign. Concern because of a liability risk and heavy truck traffic on Buttner Drive was the basis of the decision.
Mr. Hardcastle moved, seconded by Mr. Muir, that the recommendation of the Committee be approved. The motion was carried by a six (6) to one (1) vote, Mr. Perman voting no. It was suggested that a traffic count be made at this intersection and a report of the results made available to the Committee.
Harris Kiddie Kollege - School Sign
The Harris Kiddie Kollege at 1156 W. Walker Road submitted a request for school signs to be erected on the east and west of that property.
Based on a radar survey made by the Police Department and the fact that the signs are unenforceable under State Law, the Committee recommended denial of the request.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Muir. Council by a vote of six (6) yes, one (1) no, Mr. Witt, approved the recommendation of the Committee.
By a motion of Mr. Hardcastle, seconded by Mr. Muir, Council approved the report of the Safety Advisory Committee as submitted.
HEARINGS SET - BUILDING CONDEMNATIONS
Mr. Roe requested that hearings be set under the Dangerous Building Ordinance for owners of the following properties who have not complied with his written notice.
By Motion Of: Seconded By: Case # & Location: Owner:
Mr. Hardcastle Mr. Witt 3-75 447 Pear Street Willie B. Duncan
Mr. Witt Mr. Muir 4-75 102 S. Kirkwood St. Esteban Gonzales & Melvin Colbert
Mr. Witt Mr. Muir 1-76 New & Water Streets Ruth Brickley, Executrix
Mr. Witt Mr. Muir 2-76 315 W. North Street Pearl Brown
Mr. Witt Mr. Muir 3-76 106 Roosevelt Avenue Capitol Glass & Mirror
Mr. Witt Mr. Muir 4-76 57 South Queen Street Thomas Ferguson
Mr. Witt Mr. Muir 5-76 28 S. Kirkwood St. Lewis & Ann Gordon
Mr. Witt Mr. Muir 6-76 221-223 S. Queen St. Morris Gross
Mr. Witt Mr. Hardcastle 8-76 30 S. New Street Kent Apartments, Inc.
Mr. Witt Mr. Muir 9-76 446 W. Water Street Ida Morris
Mr. Witt Mr. Muir 11-76 21 Slaughter Street Jeannette D. Turner
Each of the above cases were approved for condemnation by a unanimous roll call vote and a Public Hearing set for March 22, 1976 at 8:00 P.M. in the Council Chambers of City Hall.
APPOINTMENTS - POLICE PENSION BOARD
Mayor Legates announced that Corporal Jerry Sheppard and PFC Gene Phillips have been selected by the City Police Department to serve on the Pension Board.
On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council approved the above.
APPOINTMENTS - TAX APPEAL BOARD
Mayor Legates submitted the names of Councilmen Muir, McDonough and Witt to serve on the Tax Appeals Board on April 5 and 12, 1976 from 1:00 P.M. to 4:00 P.M. By a roll call vote of six (6) yes and one (1) no, Mr. Witt, Council approved the members of the board.
SOLICITOR’S REPORT - FUNDING OF PAYNE REPORT
Mr. Rodriguez determined that the Payne Report, conducted within the City of Dover Police Department, was funded from the General Fund Budget of the department. The City Solicitor also contacted former Mayor Carroll and was told that Council had authorized the study. Council at the time was informed that the study would be secret and Mayor Carroll would receive the only copy of the report and it would not be circulated. Members of the Police Department were so informed. He further stated that Council at one time had requested to see the report and was told that it would be necessary for all members participating in the interviews to sign a release to make the report available. All members participating did not sign a release, therefore, the report was not released. Mayor Carroll stated that other than Mr. Payne, he was the only person, to his knowledge, that had read the report. After a study of its contents, he had made changes in the department that he felt was necessary. Since his previous commitment with members of the Police force and Council was not to reveal the report’s contents and after he felt that it no longer served a useful purpose, Mayor Carroll destroyed the report.
Mr. Witt moved that the City Clerk research the Official Minutes relative to Council authorization of the Payne Report, and that the contract for same be produced along with the voucher, canceled check and a list of officers interviewed and those who refused to sign a release to make the report available to Council. The motion was seconded by Mr. Bewick. By a roll call vote of six (6) yes, one no (1) Mr. Harris, the motion was carried.
Before closing the discussion on the Police Department, Mayor Legates announced that the police force has called for a written promotion policy and this policy will be published by July 30, 1976 for their use.
REZONING - 190 WILLIS ROAD - ROSS TRADER, OWNER
A request was received to rezone land on Willis Road, owned by Ross Trader. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
On motion by Mr. Muir, seconded by Mr. Bewick, Council adopted the following resolution and referred the rezoning 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 190 Willis Road are presently zoned for C-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 April 12, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from C-1 to RG-1 that property located at 190 Willis Road, owned by Ross W. Trader.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 8, 1976
VOLUNTEER FIREMEN
A letter from Janet R. Seacord suggested that the City of Dover should consider a full time Fire Department. Mr. Seacord mentioned the growth of the City and a fire at Dover East Trailer Court as a basis for her opinion.
Mr. McDonough moved for acknowledgment of the letter, seconded by Mr. Hardcastle. The motion was carried. It was suggested that Chief Kemp respond to the letter giving facts and figures for Ms. Seacord’s benefit.
BLUE HEN MALL MERCHANTS - FIREWORKS DISPLAY
In a letter to Council, the Blue Hen Mall Merchants Association asked permission of Council to hold a fireworks display at the Blue Hen Mall on July 3, 1976. The Association has contracted with Joseph DeRitis of Rochester, New York, who carries public liability and property damage insurance.
Mr. Roe and Chief Spence voiced affirmative opinions when asked about fire hazard and traffic in the area.
On motion by Mr. Hardcastle, seconded by Mr. Muir, Council approved the request and directed Mr. Roe to proceed with the proper action necessary.
DELAWARE SOCIETY OF ARCHITECTS
A letter from Mary C. Carey of the Delaware Society of Architects, expressed the organization’s appreciation for the use of a City of Dover flag to be flown in May at the A1A National Convention.
Mr. McDonough moved for acknowledgment of the letter, seconded by Mr. Perman and carried.
ROBBINS HOSE COMPANY - REQUEST TO USE COUNCIL CHAMBERS
President Harry T. Pusey requested that the Robbins Hose Company be permitted to use the Council Chambers for meetings during renovations to the firehouse.
On motion by Mr. Bewick, seconded by Mr. Perman, Council approved the request.
CAMDEN-WYOMING MOOSE LODGE REQUEST
In a letter to Mr. James, the Camden-Wyoming Moose Lodge asked permission to use City of Dover property at the intersection of Routes 9 and 13 to operate their “Chicken Shack” from May to September.
Mr. James expressed concern due to heavy summer traffic at this location. Mr. Bewick moved that this matter be referred to the City Manager for a study by the City Staff in cooperation with the Highway Department and report with a recommendation at the March 22nd Council Meeting. The motion was seconded by Mr. Hardcastle and carried.
REVOLUTIONARY WAR MONUMENT - PLACEMENT ON THE GREEN
The City Manager advised Council that the Revolutionary War Monument, now located at the Post Office, will be moved to its original site on The Green as soon as weather permits.
AD-DOVER DOWNS-MASON DIXON “500" AND DELAWARE “500"
Mr. Denis McGlynn, Director of Public Relations for the Mason-Dixon “500" and Delaware “500" suggested that the City of Dover and the Greater Dover Chamber of Commerce participate in a $300.00 full page advertisement.
Mr. Bewick moved that the offer be rejected, seconded by Mr. Perman and carried.
GRASS - DOVER COUNTRY CLUB APARTMENTS-GOLF COURSE
Mayor Legates received two letters from residents of Country Club Apartments asking why the City was not maintaining the grass. Since the City of Dover does not own the golf course, Mr. James was directed to inform the residents that the City can take no action on their inquiry.
DEED - FOREST CREEK DRIVE - THE HAMLET
The City Manager informed Council that he now possesses as deed to Forest Creek Drive, The Hamlet, with a seven thousand dollar ($7,000) bond to insure maintenance of the street for one year after acceptance by the City. It was his recommendation that the street be accepted.
Mr. Muir moved that the street be accepted, seconded by Mr. Harris. The motion was carried by a unanimous roll call vote.
ROBERTS RULES OF ORDER - ADOPTION
Mr. Bewick moved that Council adopt the Roberts Rules of Order for the conduct of meetings. The motion was seconded by Mr. Perman and carried.
GOLF COURSE - COUNTRY CLUB APARTMENTS
Due to complaints from residents of Dover Country Club Apartments about the condition of the golf course, the City Manager felt that it was necessary to state publicly that the City of Dover has no affiliation with that complex.
A meeting was held with the present owners in January 1976, concerning the golf course and Mr. James is awaiting further correspondence on the matter.
DOG ORDINANCE FEES
Mr. Perman questioned the penalty fee for dogs running at large and suggested that the present fines of $2.00, $5.00 and $10.00 be increased as well as the charge for maintaining captured dogs to help defray costs involved.
Mr. Perman moved that the above be referred to the Legislative and Finance Committee for study and recommendations. The motion was seconded by Mr. Harris and carried.
CHARTER CHANGE PROPOSALS - APRIL 10, 1976 SPECIAL ELECTION
Mr. Perman mentioned proposed charter changes furnished to Council members as submitted by Mr. Bewick.
Mayor Legates asked that Vice-Mayor Harris call a meeting of Council members as a Committee of the whole at his earliest convenience to discuss Mr. Bewick’s proposals. Any proposed changes would be placed on the ballot as a proposition rather than a referendum.
Mr. McDonough suggested that Council pursue the idea of Legislature extending the date for Home Rule applicants. The City Solicitor suggested that Council also ask Legislature to remove some of the undesirable provisions in the existing bill.
EXECUTIVE SESSION
Mayor Legates requested an executive session after adjournment to discuss police management matters.
Meeting adjourned at 9:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council in their meeting of March 8, 1976, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 15, 1976
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AMENDMENT TO MINUTES - MARCH 8, 1976
SOLICITOR’S REPORT - FUNDING OF PAYNE REPORT
Mr. Rodriguez determined that the Payne Report, conducted within the City of Dover Police Department, was funded from the General Fund Budget of the department. The City Solicitor also contacted former Mayor Carroll and was told that Council had authorized the study. Mayor Carroll further stated that Council was informed that the study would be secret and he would receive the only copy of the report and it would not be circulated. He said that members of the Police Department were so informed. He further stated that Council at one time had requested to see the report and was told that it would be necessary for all members participating in the interviews to sign a release to make the report available. All members participating did not sign a release, therefore, the report was not released. Mayor Carroll stated that other than Mr. Payne he was the only person, to his knowledge, that had read the report. After a study of its contents, he had made changes in the department that he felt were necessary. Since his previous commitment with members of the Police force and Council was not to reveal the report’s contents and after he felt that it no longer served a useful purpose, Mayor Carroll destroyed the report.
Mr. Witt moved that the City Clerk research the Official Minutes relative to Council authorization of the Payne Report, and that the contract for same be produced along with the voucher, canceled check and a list of officers interviewed and those who refused to sign a release to make the report available to Council. The motion was seconded by Mr. Bewick. By a roll call vote of six (6) yes, one no (1) Mr. Harris, the motion was carried.
Before closing the discussion on the Police Department, Mayor Legates announced that the police force has called for a written promotion policy and this policy will be published by July 30, 1976 for their use.