REGULAR MEETING
February 23, 1976
The Regular Meeting of Council was held on February 23, 1976, at 7:30 P.M., with Mayor Legates presiding. Members present were Messrs. McDonough, Muir, Perman, Witt, Harris and Bewick. Councilman Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES - FEBRUARY 9, 1976 COUNCIL MEETING
On motion by Mr. Muir, seconded by Mr. Witt, Council approved the minutes of the February 9, 1976 meeting as submitted.
REPORTS
Chief of Police Report for the Month of January was accepted. Mr. Witt asked to be recorded as requesting a copy of the department vehicular report showing maintenance on each unit.
Building Inspector & Fire Marshal’s Report for the Month of January was accepted.
City Planner’s Report for the Month of January was accepted.
City Alderman’s Report for the Month of January was accepted.
Cash Receipts, General Fund, for the Month of January was accepted.
Budget Report, General Fund, for the Month of December was accepted.
Cash Receipts, Electric Fund, for the Month of January was accepted.
Budget Report, Electric Revenue Fund, for the Month of December was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of January was accepted.
CITY MANAGER’S REPORT
Mr. Perman asked if the total energy furnished the PJM Pool could be listed with the residential and commercial billings which would equal the total KWH hours generated for the month.
Mr. Hodge stated that it could be included on the front page of the City Manager’s Report under billings.
Past Due Ambulance Bills
Mr. Witt inquired concerning past due ambulance fees being those accrued by County residents and if it would not behoove the City to request from the County five thousand dollars a month to help defray some of the expenses.
Mr. Hodge stated that a percentage of the accounts receivable could be for residents of the City who are transported outside the limits of other hospitals. The City is working with the County in an attempt to discontinue the use of emergency equipment to transport non-emergency cases which would alleviate a large percent of ambulance accounts receivable.
Bridge - High School Ditch
The Assistant City Manager reported that the State has awarded the contract for construction of the bridge across the high school ditch. Construction will be delayed until the school term is terminated for summer due to the necessity of closing the road for at least two days.
The bridge on the Richardson Tract will be constructed without the above delay. On motion by Mr. Muir, seconded by Mr. Bewick, Council approved the City Manager’s Report as submitted.
J.P. COURT #7 REPORT - JANUARY 1976
A check in the amount of $5,309.63 was received from J.P. Court #7 for the Month of January. Deferred payments to fill the vacant Council seat, at least three additional weeks would be required to prepare the registration books.
Based on this time schedule, Mr. Perman moved that the Special Election be held on Monday, April 5, 1976. In discussion it was mentioned that this date conflicts with the tax appeal hearings. On a call for the vote, the motion was defeated.
Mr. Witt moved that the City Clerk be authorized to accept filing petitions beginning February 24, 1976 until March 19, 1976 at 4:00 P.M., at which time the registration books will be closed until after the election to be held on Saturday, April 10, 1976 from 1:00 P.M. to 7:00 P.M. The motion was seconded by Mr. Muir. The motion was approved by a roll call vote of four (4) yes, Mr. McDonough and Mr. Bewick voting no, and Mr. Hardcastle absent.
SPECIAL ELECTION DATE
The City Clerk informed Council that if a month is allowed for petition filing in the Second District to fill the vacant Council seat, at least three additional weeks would be required to prepare the registration books.
Based on this time schedule, Mr. Perman moved that the Special Election be held on Monday, April 5, 1976. In discussion it was mentioned that this date conflicts with the tax appeal hearings. On a call for the vote, the motion was defeated.
Mr. Witt moved that the City Clerk be authorized to accept filing petitions beginning February 24, 1976 until March 19, 1976 at 4:00 P.M., at which time the registration books will be closed until after the election to be held on Saturday, April 10, 1976 from 1:00 P.M. to 7:00 P.M. The motion was seconded by Mr. Muir. The motion was approved by a roll call vote of four (4) yes, Mr. McDonough and Mr. Bewick voting no, and Mr. Hardcastle absent.
PUBLIC HEARING - REZONING OF 19 GOODEN STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 19 Gooden Street, owned by Dr. Richard B. Taylor. Mayor Legates declared the hearing open.
Mr. Walter Ellis was present to speak for Dr. Taylor who also owns the corner property which is contiguous to the lot to be rezoned. Asked by a representation of residents in the area what type of structure would be constructed on the property, Mr. Ellis answered that it would be of colonial design with an appearance of townhouses and would house a medical center. There was no correspondence and Mayor Legates declared the hearing closed.
On motion by Mr. Muir, seconded by Mr. McDonough, Council by a roll call vote of six (6) yes, Mr. Hardcastle absent, 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 19 GOODEN 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 at 19 Gooden Street, owned by Dr. Richard B. Taylor.
ADOPTED FEBRUARY 23, 1976
PUBLIC HEARING - REZONING OF 925 SOUTH BRADFORD STREET
A public hearing was duly advertised for this time and place to consider rezoning of property located at 925 South Bradford Street owned by Lenora P., William F. and Michael F. Malone. Mayor Legates declared the hearing open. Mr. Ellis had spoken on this property in the hearing of 19 Gooden Street. There was no correspondence. Mayor Legates declared the hearing closed.
On motion by Mr. Muir, seconded by Mr. McDonough, Council by a roll call vote of six (6) yes, Mr. Hardcastle absent, 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 925 SOUTH BRADFORD 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 at 925 South Bradford Street, owned by Lenora P., William F. and Michael F. Malone.
ADOPTED FEBRUARY 23, 1976
PUBLIC HEARING - REZONING - 1276 SOUTH LITTLE CREEK ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of property located at 1276 South Little Creek Road, owned by Richard G. Foraker, Jr. Mayor Legates declared the hearing open.
Attorney Myron Steele was present to speak for Mr. Richard G. Foraker, Jr. and Delaware Teleservice Inc., equitable owner. Mr. Steele stated that Mr. Foraker failed to notify anyone of the Planning Commission meeting of February 16, 1976 which considered the rezoning. By permission of Mayor Legates, Mr. Steele relinquished the floor to the Acting Planner.
Mr. Roe explained that the rezoning from R-20 to C-3 would correct a non-conforming use to a use that would conform with a C-3 zoning. The Planning Commission deferred action on the request until a spokesman for the rezoning request could inform the Commission if a trailer and shed on the property would be removed.
Mr. Steele stated that the shed and trailer was removed approximately one month ago. Mr. Roe said that these items were the only concern of the Planning Commission. There was no correspondence. Mayor Legates declared the hearing closed.
On motion by Mr. Muir, seconded by Mr. Harris, Council by a roll call vote of four (4) yes, Mr. Perman and Mr. Witt voting no, Mr. Hardcastle absent, 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 1276 SOUTH LITTLE CREEK ROAD.
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 below from R-20 to C-3.
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-20 to C-3 on that property located at 1276 South Little Creek Road, owned by Richard G. Foraker, Jr.
ADOPTED FEBRUARY 23, 1976
PUBLIC HEARING - ALLEY ABANDONMENT - BEHIND SIX AND TEN KINGS HIGHWAY
A public hearing was duly advertised for this time and place to consider a request by Dr. Donald A. Cowan and Mr. Robert Young of Six and Ten Kings Highway to abandon the alley in the rear of their properties. Mayor Legates declared the hearing open and asked the City Solicitor to give a resume of the findings of the Engineering Department while researching documents relative to the alley.
Mr. Rodriguez referred to a report submitted by Mr. VanSant of the Engineering Department which stated that no record of a deed or recorded plot showing the alley as public could be found at the Recorder of Deed’s Office. The deeds refer to the alley as private, to be used by residents who own land that is contiguous. There was also no evidence that the alley had ever been accepted by the City of Dover. It was the Solicitor’s opinion that no action could be taken by Council to abandon the alley based on these findings and the fact that the City does not own same.
Mayor Legates declared the hearing closed and the subject moot, stating that the alley would not be abandoned.
REZONING REQUEST - WILLIAM L. & HELEN M. OXLEY - 8 SOUTH GOVERNORS AVENUE
A request was received from William L. and Helen M. Oxley to rezone their property located at 8 South Governors Avenue. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Witt, seconded by Mr. Harris, Council adopted the following resolution and referred the rezoning 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 8 South Governors Avenue 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 March 22, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to C-1A that property located at 8 South Governors Avenue, owned by William L. & Helen M. Oxley.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 23, 1976
REZONING REQUEST - DAVID P. BUCKSON AND EDWARD H. & SYBIL RICHARDSON - CORNER OF ROUTE #8 AND COUNTY ROAD #104
A request was received from David P. Buckson and Edward H. Sybil Richardson to rezone land owned by them on the northeast corner of Route #8 and County Road #104. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Witt, seconded by Mr. McDonough, Council adopted the following resolution and referred the rezoning 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 the northeast corner of Delaware Route #8 and County Road #104 are presently zoned for C-4 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 March 22, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from C-4 to SC-2 that property located at the northeast corner of Delaware Route #8 and County Road #104, owned by David P. Buckson and Edward H. & Sybil Richardson.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 23, 1976
CORRESPONDENCE
Delaware Disadvantaged Foundation Inc.
A letter was received from Wallace A. Waite, representing the Delaware Disadvantaged Foundation Inc., citing financial difficulties of that organization and asking for a sum of $5,000 to pay outstanding bills.
On motion by Mr. McDonough, seconded by Mr. Witt, Council referred the request to the Legislative & Finance Committee.
PLANNING COMMISSION APPOINTMENTS
Mayor Legates submitted the names of Carleton Walls, A.W. Holmes and Robert Berglund to be appointed for a three year term on the Planning Commission.
Mr. Witt moved that Mayor Legates’ reappointments be approved as submitted. The motion was seconded by Mr. Bewick and carried.
ZONING BOARD OF ADJUSTMENTS - MEETING TIME
Mr. Roe announced that the Zoning Board of Adjustments of the City of Dover has set a standard meeting time of the third Tuesday in each month at 8:00 P.M.
CONDEMNATION OF 447 PEAR STREET
Mr. Roe stated that he has had several complaint calls from a resident living near 447 Pear Street. The property was condemned but was given an extension by Council of two months to show intent of renovation or some progress toward bringing this property up to code standards. He informed Council that a porch has been torn off the house but still lies where it fell.
Mr. Roe requested permission to again post the property giving two weeks notice to comply and then present same to Council on March 22, 1976 for condemnation.
On motion by Mr. Witt, seconded by Mr. Muir, Council approved Mr. Roe’s request.
BID AWARD - STORM SEWER - GOVERNORS AVENUE & MARY STREET - GOVERNORS AVENUE & NORTH STREET - THE PLAZA
Assistant City Manager Hodge announced the results of a bid opening held on January 9, 1976 relative to correcting the infiltration of storm water into the sanitary sewer system at Governors Avenue and Mary Street, Governors Avenue and North Street and The Plaza. This project would remove some 5,996,000 gallons of storm water from the sanitary system annually.
The bids were as follows: Teal Construction Company - $24,156.50
Webb Construction Company - $24,485.00
Warren Brothers - $26,622.50
After review of the bids, the City Manager recommends that Teal Construction Company be awarded the bid.
On motion by Mr. Witt, seconded by Mr. Bewick, Council by a roll call vote of six (6) yes, Mr. Hardcastle absent, accepted the recommendation of the City Manager and awarded the bid to Teal Construction Company.
PAYNE REPORT
Mr. Perman stated that a number of year ago, former Mayor Carroll commissioned a study of the Police Department by Mr. Payne to determine what problems, if any, existed in that department. Further, even though public funds were used, to Mr. Perman’s knowledge, no official has seen the report except former Mayor Carroll. Directing a question to Mayor Legates, Mr. Perman asked if Council has access to the report and to Mr. Rodriguez, what means are available to obtain the report.
Mayor Legates answered that the report is not available and that he did not have same. In asking for some background information on the report, Mr. Rodriguez agreed that if the report was initiated with public funds the report is the property of the City of Dover.
Elaborating further, Mr. Rodriguez stated that if the City paid for the report and Council authorized same, the Council should have access to the report.
Mr. Witt moved that the City Council authorize the City Solicitor to determine the source of funds used to pay for the Payne Report and if the source of funds were any type of public funds, federal, state and/or City, to produce a copy of the report for Council. The motion was seconded by Mr. Perman.
Mr. Rodriguez stated that if his attempt to produce the report failed, he would report to Council at which time action can be taken to enable the Solicitor to initiate further legal proceedings toward producing same.
By a roll call vote of six (6) yes, one absent, Mr. Hardcastle, Council carried Mr. Witt’s motion.
DAVID GORMLEY - ADDRESS TO COUNCIL
Mayor Legates made it clear that Mr. Gormley’s appearance before Council would not be a hearing, an appellant process or a judicial review.
Mr. McDonough moved that Council recess for an executive session to hear Mr. Gormley’s address. The motion was seconded by Mr. Witt and by a roll call vote of six (6) yes, Mr. Hardcastle being absent, Council approved the motion.
Mayor and Council recessed at 9:10 P.M. for an executive session including Chief Spence and Mr. Gormley.
Council reconvened at 11:40 P.M. and immediately adjourned.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council in their meeting of February 23, 1976, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
March 1, 1976
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