REGULAR MEETING
December 8, 1975
The Regular Meeting of Council was held on December 8, 1975, at 7:30 P.M. with Vice-Mayor Legates presiding in the absence of Mayor Carroll. Members present were Messrs. Cullen, Muir, Hardcastle, Perman, Witt, Harris and McDonough.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the Regular Council Meeting of November 24, 1975 were accepted, but did not have the written approval of Mayor Carroll pursuant to the provisions of Section 10, of the city of Dover Charter. Mayor Carroll, in a letter dated November 26, 1975, voiced his disapproval of Council’s action to place three (3) proposed Charter changes on the 1976 ballot as mentioned in an excerpt of those minutes signed by Mayor Carroll at the conclusion of the November 24, 1975 minutes with said letter attached.
J.P. COURT #7 REPORT - MONTH OF OCTOBER
The J.P. Court #7 Report for the Month of October was presented with cash reported in the amount of $5,549.03 and deferred payments of $37,164.92. On motion by Mr. Muir, seconded by Mr. Witt, Council accepted the report as presented.
APPOINTMENT OF BUILDING INSPECTOR FOR 1976
Vice-Mayor Legates opened the floor for nominations of the Building Inspector for the year 1976. Mr. Muir moved that Mr. Jack T. Roe be reappointed as Building Inspector, seconded by Mr. Witt. The motion was carried.
APPOINTMENT OF CITY ASSESSOR FOR 1976
Vice-Mayor Legates opened the floor for nominations of the City Assessor for the year 1976. Mr. McDonough moved that Mr. Williams A. Hayes be reappointed as City Assessor, seconded by Mr. Witt. The motion was carried.
ROBBINS HOSE COMPANY FIRE CHIEFS
On motion by Mr. Witt, seconded by Mr. Cullen, Council accepted the Robbins Hose Company Election results and confirmed the appointment of the following Fire Chiefs for the year 1976.
Chief - Kline G. Kemp, Jr.
Deputy - Edwin B. Baker, Jr.
First Ass’t Chief - Charles H. Boyer
Second Ass’t Chief - John L. LeCompte
Third Ass’t Chief - William H. Rhodes
ADOPTION OF PARKS & RECREATION RULES & REGULATIONS
Mr. Cullen stated that the recommendation of the Parks, Playgrounds and Trees Committee was to accept the Rules, Regulations and Ordinances as compiled and submitted.
On motion by Mr. Witt, seconded by Mr. Muir, Council by a unanimous roll call vote, adopted the Parks and Recreation Rules and Regulations by the following ordinance effective 12:01 A.M. on December 9, 1975.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. Chapter 21 of the Dover Municipal Code pertaining to parks and recreation facilities is hereby repealed.
2. A new Chapter 21 to be known as Park and Recreation Regulations is hereby enacted and incorporated by reference into the Dover Municipal Code without being set forth therein.
3. Adequate copies of the Park and Recreation Regulations of the City of Dover shall be made available to users of the park and recreation facilities.
ADOPTED DECEMBER 9, 1975
COMMITTEE OF COMMITTEES REPORT
Method of Payment - Little League Loan
The Committee of Committees met on Wednesday, November 26, 1975. The first item of business was a request by Mrs. Mary Postles to change the method of repayment for the Dover Little League’s outstanding debt to the City of Dover. The agreement signed in 1973 calls for two payments in the amount of $16,000 each. It was requested that the Little League be permitted to pay installments of $6,000 a year, plus interest (3.9%) until the debt is satisfied. The Committee recommended approval.
On motion by Mr. Witt, seconded by Mr. Muir, Council granted the request and directed that the City Manager be authorized to draw up a new agreement.
Livingston - Request to Abandon Alley Between 915 & 921 South State Street
Mr. William P. Livingston requested that a plotted alley be abandoned between 915 & 921 South State Street and made a part of his property at these locations.
The Committee recommended that a public hearing be set since this plotted alley has never been developed nor is it proposed to be developed.
Mr. Witt moved that a public hearing be set for January 12, 1976, at 8:00 P.M. The motion was seconded by Mr. Cullen and carried.
Mr. James said that the land had never been an alley and was being utilized by the properties on each side.
Purchase of Lot - South Governors Avenue & Minor Street
Attorney M.A. Hartnett, representing the Milbourne Estate proposed that the City purchase a vacant lot on the corner of Minor Street Alley and South Governors Avenue, formerly the site of Johnny The Tailor, recently demolished. The City leases a portion of this land for an electrical substation. The Committee recommended that the City Manager be authorized to negotiate with Mr. Hartnett for the purchase of the land based on the figure reflected in our tax records, less any amount of monies received by the estate for a recent fire which partially destroyed the demolished building.
Questioned by Mr. Perman, Mr. James stated that the funds to purchase would come from the Electric Revenue Fund and the purchase price would be $14,800. Additional uses of the lot could be a truck unloading zone and improving the entrance accessability off of South Governors Avenue. The City is presently paying $25.00 a month rent for the substation and the cost to relocate same would be approximately $25,000.
On motion by Mr. Witt, seconded by Mr. Muir, Council authorized the City Manager to negotiate for the purchase of the property. Mr. Perman voted no. The motion was carried.
McKee Run - Purchase of Adjacent Property
In considering the purchase of a one and one-half acre tract of land adjacent to McKee Run Power Plant, the Committee recommends that the City Manager be authorized to negotiate and purchase this parcel for a figure similar to that which we presently show on out tax records. According to the assessment records, the value of the land is $23,000. The land would be used for employee parking a storage area due to it’s close proximity to the railroad.
Mr. Muir moved for the recommendation of the Committee to purchase the land seconded by Mr. Harris. On a show of hands vote, the motion was carried with Mr. Cullen, Mr. McDonough, and Mr. Perman voting no.
Mr. Perman questioned the legality of Vice Mayor Legates ruling the above motion carried relating that the Charter specifies that “it takes a majority of Council to pass a motion”, and four yes votes is not a majority.
Vice Mayor Legates answered that it only takes a simple majority to pass a motion.
Mr. McDonough requested an opinion from the City Solicitor stating he though that a previous ruling had been interpreted to mean a majority of those elected rather than a majority of those Councilman present and voting.
The City Solicitor quoted a part of Section 10 of the Charter which states that “a majority of the members elected to the Council shall constitute a quorum to do business”. It was his feeling that this would control the ruling of the above motion.
“You don’t feel that a four to three vote is a majority of those elected?”
The City Solicitor agreed that it was his feeling that the motion has passed.
On motion by Mr. Witt, seconded by Mr. Muir, Council accepted the report of the Committee of Committees as presented.
VOTER REGISTRATION PURGE - SECOND REVIEW
The second review of the voter registration purge list was presented to Council. Mr. McDonough moved that the purge list be accepted as it now stands effective December 15, 1975 at the close of City business. The motion was seconded by Mr. Muir and carried.
MAYOR CARROLL VETO
Mr. Perman voiced his disapproval of Mayor Carroll’s veto of an action by Council in their meeting of November 24, 1975, to place three proposed Charter changes on the 1976 Municipal Election ballot.
A discussion followed concerning a motion made previous to Mr. McDonough’s motion of November 24th to place three items of proposed changes to the Charter on the ballot. The motion, made by Mr. Hardcastle and carried by Council deferred any action on proposed Charter changes until after the first of the year. According to an opinion given by the City Solicitor, Mr. Hardcastle’s motion to defer action shut the door on proposed changes to the Charter until January 1, 1976, and prevented further consideration of the matter. Therefore, Mr. McDonough’s motion of November 24, 1975 was out of order. Based on the above, Vice-Mayor Legates ruled a motion to override Mayor Carroll’s veto out of order.
PUBLIC HEARING - 206 - 208 WATER STREET CONDEMNATION
A public hearing was duly advertised for this time and place to consider the condemnation of a structure located at 206 - 208 Water Street owned by Barnard Paskins. Vice-Mayor Legates declared the hearing open.
Mr. Roe presented a factual report concerning the condition of the property and deed statistics. There was no one present to speak for or against the condemnation and no correspondence.
On a roll call vote of seven (7) yes, Council approved the condemnation.
By request of Mr. Roe, Mr. Witt moved, seconded by Mr. Cullen and carried, that the Building Inspector be authorized to receive three (3) bids if the structure is not demolished within ten (10) days according to ordinance.
PUBLIC HEARING - 447 PEAR STREET CONDEMNATION
A public hearing was duly advertised for this time and place to consider the condemnation of a structure located at 447 Pear Street owned by National Enterprises, Inc. Vice-Mayor Legates declared the hearing open.
Mr. Roe discovered through the City Assessor, that the property had been purchased by Willie C. Duncan and a deed recorded on October 27, 1975, approximately two weeks after the letter of condemnation to National Enterprises. A letter of courtesy was mailed to Mr. Duncan although proper procedures were followed according to the original search of the deed.
Mr. Willie C. Duncan came forward and requested a reasonable period of time to improve the property to show his intentions of finally having same pass all the building codes.
It was the feeling of Council that Mr. Duncan should be given an opportunity to show progress and Mr. Cullen moved, seconded by Mr. Muir, that Mr. Duncan be given two (2) months to show good faith in his intentions to improve the property or to start working on the renovation.
On a roll call vote of six (6) yes, one (1) no, Mr. Witt, Council approved the above.
PUBLIC HEARING - 102 SOUTH KIRKWOOD STREET CONDEMNATION
A public hearing was duly advertised for this time and place to consider the condemnation of structures located at 102 South Kirkwood Street owned by T/Sgt. Melvin Colbert and Esteban Gonzalez.
All notices and correspondence were in order according to the Dangerous Building Ordinance. Mr. Roe presented a detailed report with slide pictures of the buildings.
T/Sgt. Colbert spoke to Council concerning the difficulties encountered in trying to bring the building up to standards and requested eighteen (18) months to complete the renovations.
Mr. Roe explained that T/Sgt. Colbert was asking for an extension to repair the old Ritz Building only. All side yards, brush, rubbish and unattached buildings would be removed. He recommended that all buildings be demolished except the Ritz Building, fronting on Kirkwood Street, and grant a period of time to the owners for improvements.
Mr. Witt moved, seconded by Mr. Hardcastle, that all buildings on the property be given the ten (10) day notice for demolition except the Ritz Building and that sixty (60) days be granted by Council for the owners to submit plans and request an early permit.
On a unanimous roll call vote of seven (7) yes, Council accepted Mr. Witt’s motion.
PUBLIC HEARING - 25 SOUTH KIRKWOOD STREET CONDEMNATION
A public hearing was duly advertised for this time and place to consider the condemnation of a structure located at 25 South Kirkwood Street owned by Joeanne Ridgell. Vice-Mayor Legates declared the hearing open.
Mr. Roe reported all notices and correspondence in order with a letter to the occupant with notice to vacate.
There was no one present to speak for or against the condemnation and no correspondence.
On motion by Mr. Hardcastle, seconded by Mr. Witt, Council ordered the structure demolished with a ten (10) day notice as provided in the ordinance by a seven (7) yes roll call vote.
PUBLIC HEARING - 212 WATER STREET CONDEMNATION
A public hearing was duly advertised for this time and place to consider the condemnation of a structure located at 212 Water Street owned by Rachel White. Vice-Mayor Legates declared the hearing open.
Mr. Roe reported all correspondence and notices in order and described the violations of the structure. In answer to a question by Mr. Witt, Mr. Roe reported all other condemned properties had conformed properly to notice.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes ordered the structure demolished with a ten (10) day notice as provided in the ordinance.
PUBLIC HEARING - REZONING OF LOTS 4 - 42 ON WINGED FOOT DRIVE
A public hearing was duly advertised for this time and place to rezone lots 4 - 42 on Winged Foot Drive in Foxhall Plantations, equitable owners being Dr. James B. McClements and Mr. James DiSabatino. Vice-Mayor Legates declared the hearing open.
Dr. James McClements addressed Council stating that the purpose of the request to rezone the lots is to allow townhouses, which would improve the esthetics of the area. He explained that the plan would not increase the density in the area and would alleviate having twenty backyards lining the Dover Kenton Road as well as creating more open space.
Questioned by Mr. Perman on street width, roll curbs and sidewalks as not conforming to City of Dover specifications, Mr. Roe explained that the area was accepted and an ordinance adopted by Council which designates the area as suburban residential.
Mr. James Tevebaugh addressed Council circulating a drawing of the proposed plans of the townhouses and explaining the general layout of the proposed development.
The Planning Commission recommended approval of the rezoning and there was no correspondence.
Mr. Hardcastle moved that Council approve the rezoning of lots 4 - 42 on Winged Foot Drive. The motion was seconded by Mr. Cullen and Council by a roll call vote of seven (7) yes, 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 4 -42 ON WINGED FOOT DRIVE.
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-10 to RM-1.
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-10 to RM-1 on that property located at Lots 4 - 42 on Winged Foot Drive, equitable owners being Dr. James B. McClements and Mr. James DiSabatino.
ADOPTED DECEMBER 8, 1975
MONUMENT - MR. HELMS’ REQUEST
Mr. Willis asked Councilman McDonough to elaborate on a letter from G. Daniel Blagg to Mr. Helms concerning Mr. Helms’ request to move the monument from the Post Office site to The Green.
Mr. McDonough suggested that Council ask the Friends of Old Dover for a formal opinion of this request and a member of the City staff contact the Secretary of State to investigate any plans they might have in conjunction with the renovation of the State House. In addition, if an opinion had not been received by the next regular Council meeting, Council will take formal action on Mr. Helms’ request.
The above was moved by Mr. McDonough, seconded by Mr. Hardcastle and carried.
TEMPORARY TRAILER OFFICE - LEASEWAY OF PHILADELPHIA
A letter from Leaseway Systems of Philadelphia requested permission to move a temporary office facility (trailer) on their property located at Division and Ridgely Streets for a period of eight to twelve months.
Joseph Gaynor, a representative of the company came forward to address Council. Mr. Gaynor explained that plans are under way to expand the present building for a permanent office facility but they have an immediate need to house administrative personnel. The trailer would be approximately 12' x 30'.
Mr. Roe stated that there is an ordinance that prohibits trailers within the City of Dover. Also, sewage and water could not be furnished in accordance with City policy.
Mr. McDonough moved that Council grant permission to Leaseway Systems to install a trailer at Division and Ridgely Streets on a temporary basis not to exceed twelve months and apply the City’s existing regulations that no water or sewer will be furnished. The motion was seconded by Mr. Cullen.
Mr. Perman suggested that an approval for the trailer be given for six (6) months at which time the Company, Mr. Gaynor, will return to Council with plans for a more permanent facility.
Mr. McDonough and Mr. Cullen accepted this as an amendment to the motion. The motion carried by a vote of six (6) yes, and one (1) no, Mr. Witt.
WOODCREST CIVIC ASSOCIATION - POWER PLANT COMPLAINT
Mr. Gary L. Gaukler, representing the Woodcrest Civic Association, wrote a list of complaints concerning the McKee Run Power Plant covering noise level, dirt, and oil in the air and asked when these items would be alleviated.
Vice-Mayor Legates suggested that the letter be referred to the City Manager. Mr. James said that correspondence would be directed to Mr. Gaukler and copies of all letters would be made available to the Council.
GOODWILL INDUSTRIES - COLLECTION CENTER
Mr. James A. Fox, Director of the Goodwill Industries, informed Council that the trailer located at the Blue Hen Mall, used as a collection center, would be removed until early spring and expressed his appreciation to Mayor and Council for the permission granted for use of same.
On motion by Mr. Witt, seconded by Mr. Cullen, Council acknowledged receipt of the letter.
NATE COHEN REQUEST - GAS PUMPS - CONDITIONAL USE
A letter from Mr. Nathan Cohen requested that the zoning text be changed to allow gas pumps as a conditional use only rather than under a C-3 category.
Mr. Roe explained that Mr. Cohen actually wants the Zoning Code amended to allow gas pumps in neighborhood commercial zones. Further, Mr. Cohen should fill out an application to this effect, a fee paid and a public hearing set to amend the zoning text. Mr. Roe suggested that this matter be referred to him to contact Mr. Cohen on the above procedure.
On motion by Mr. Perman, seconded by Mr. McDonough, the matter was referred to Mr. Roe.
DELAWARE DISADVANTAGED FOUNDATION INC.
Wallace A. Waite, Board Chairman of the D.D.F. Inc., in a letter to Mayor Carroll, requested emergency funds in the amount of $5,000 for operational expenses.
Mr. James explained that this organization had applied for revenue sharing funds this year which was denied by Council. As chairman of the Committee of Committees, Vice-Mayor Legates stated that the reason for denial was that at the time of the request the Delaware Disadvantaged Foundation was in it’s infancy and the balance sheets were not in proper format. The Committee also felt that there may be an overlap with the D.O.I.C. and Mr. Waite’s organization.
Mr. Hardcastle moved that the letter be referred back to the Committee of Committees for their consideration. There was a second by Mr. Muir and the motion was carried.
YMCA REQUEST FOR $1,250.00
Mr. Ted Ressler, Executive Director of the YMCA, wrote Mr. James requesting a grant of $1,250.00 to fund the YMCA Out Reach Worker whose purpose is to reduce the number of juveniles appearing in Court by 25%, provide a comprehensive counseling for juveniles between the ages of 14 and 18, involve a YMCA meaningful program which would include fifty young people, junior high age, diverting them from the juvenile justice system by this involvement. A like amount will be requested from the County in order to apply for matching funds from the Government.
After discussion, Mr. Witt moved that Mr. Ressler be notified that his request cannot be acknowledged. The motion was seconded by Mr. Muir and carried with Mr. Perman voting no. Mr. Hardcastle was excused from voting due to his affiliation with the YMCA.
LEWIS PROPERTY - PARK ROAD ENCROACHMENT
Mr. Walter Ellis of Lore and Ellis Realty, informed Mr. James that the City of Dover road leading to the Park area and boat ramp at Silver lake encroaches on lands owned by the Lewis family. The property is being sold and cannot be settled until this matter is resolved. Mr. James recommended that the city trade an equal parcel of land from a lot owned by the City which is adjacent with no money involved.
Mr. Muir moved for the recommendation of the City Manager, seconded by Mr. Cullen. The motion was carried with Mr. Perman voting no.
CITY OF DOVER PARK AND RECREATION CENTER DEDICATION
Vice-Mayor Legates reminded those present that the City of Dover Park and Recreation Center dedication would be held at the site at 1:00 P.M. on December 13, 1975.
SALVATION ARMY KETTLE REQUEST
Vice-Mayor Legates reminded Council of a request by the Salvation Army to utilize the traditional Christmas Kettles in the downtown area which was referred to the Legislative and Finance Committee for a policy decision. The Committee did not meet due to the absence of several Councilmen and the question was put to Council for a decision.
Mr. McDonough, remarking on the organization’s known practice of using kettles, moved that Council give approval for this particular event for the year 1975 only. The motion was seconded by Mr. Muir. This would involve up to four kettles on Loockerman Street. The motion was carried.
RESOLUTION - CAESAR RODNEY FOOTBALL TEAM
Mr. McDonough moved that the City of Dover pass a formal resolution congratulating the Caesar Rodney football team on winning the Division One State Championship.
The motion was seconded by Mr. Witt and carried.
RICHARDSON AND ROBBINS PROPERTY
Mr. McDonough stated that the news media had prompted commentary relating that the Richardson and Robbins property on Kings Highway was given to Wesley College due to the lack of interest on the part of the City.
As a member of City Council, Mr. McDonough wanted to make it clear that a letter was received from William Underwood. Through Mr. James, the City asked that they state formally under what conditions the City would have to accept the property.
In the letter from Underwood, it stated that the Mayor and Governor was contacted in early June of 1975. There was a luncheon in the Governor’s office in August. In Mr. McDonough’s recollection, the Council was contacted November 10, 1975 and asked if the City was interested in the property. “To say the City was not interested, is not quite so”, said Mr. McDonough. Shortly after November 10, 1975, Council toured the facility, asked Mr. James to contact Underwood. Fifteen days later Underwood write the City saying sorry, we have shaken hands with Wesley College because we felt that the City showed no interest.
Mr. McDonough stated that he would like the record to show that the City Council had nothing to do with not acting on the request or showing any interest.
Mr. Perman stated that Mayor Carroll stepped out of bounds by making a policy decision independent of Council and unilaterally going to Underwood and saying that the City of Dover was not interested. When it comes to policy decision in respect to the City of Dover, Council makes the decision. He did not think that the Mayor should have, without consent of the City Council, the right to make such a decision or statements to Richardson and Robbins.
Vive-Mayor Legates stated that he did not known what Mayor Carroll did or did not do and the Mayor is not present to defend himself. He suggested that Mayor Carroll be questioned at the next Council meeting.
Meeting Adjourned at 10:25 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their regular meeting of December 8, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
December 15, 1975
db
Re-submitted January 19, 1976