REGULAR MEETING
April 9, 1984
The Regular Meeting of Council was held on April 9, 1984 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an additional agenda item to present a letter from the Central Dover Chamber of Commerce concerning an independent poll related to the Civic Center and the Mayor’s tie breaking vote. An additional letter from Mr. Carlton Maricle was added and related to rezoning land located on Pear Street between Brown Street and William Street.
Mr. Christiansen requested an additional agenda item concerning setting of the property tax rate.
Council unanimously approved the agenda as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 26, 1984
Mr. Hardcastle moved for approval of the March 26, 1984 Regular Council Minutes, as submitted, seconded by Mr. Christiansen.
Mr. Richter moved to amend the minutes on page 3, under “Coal Conversion Study - technical amendments to the scope to Burns and Roe Proposal”. He requested that the following amendment be added:
“The City of Dover may at any time terminate this purchase order seven (7) days following written notification and payment made for costs incurred to date. Payment will be based on actual manhours expended at the actual wage rates adjusted by the standard fringes.”
Mr. Weyandt seconded by Mr. Richter’s amendment to the minutes.
Mr. Richter’s amendment was unanimously approved by Council.
The Minutes of the Regular Council Meeting of March 26, 1984 were unanimously approved as amended and bore the written approval of Mayor Carroll.
RESOLUTION - SPRING CLEANUP
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote, adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City, and
WHEREAS, the annual Old Dover Days will be celebrated May 4th and 5th, 1984.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 21st - 29th, 1984 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Special Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pickup any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: APRIL 9, 1984
Mayor Carroll informed Council that the Rotary Club will also be holding their regional convention in Dover during the Old Dover Days Celebration.
PROCLAMATION - RETIREE APPRECIATION DAY
Mayor Carroll submitted the following proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on April 28, 1984 these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, April 28, 1984, be known as “RETIREE APPRECIATION DAY” in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
MUNICIPAL CLERK’S WEEK 1984
Mayor Carroll submitted the following proclamation:
The Municipal Clerk is the oldest of public servants and a critical part of the efficient and responsive local government. The accurate recording, careful safe-guarding, and prompt retrieval of public records are vital functions, without which effective local government could not exist.
As local government has grown in responsibility and importance through the Nation’s history, so has the role of the Municipal Clerk. The Clerk provides a direct link between past, present, and future by preserving records for posterity and implementing governmental decisions. Municipal Clerks also seek better and more effective ways to perform these critical responsibilities in light of the rapid technological advances of today’s world.
In recognition of the outstanding and vital services performed by Municipal Clerks and their dedication to public service, the Congress, by Senate Joint Resolution 92, has designated the week beginning May 13, 1984, as “Municipal Clerk’s Week,” and has authorized and requested the President to issue a proclamation in observance of that week.
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, IN CONCURRENCE WITH SAID PROCLAMATION ISSUED BY THE PRESIDENT OF THE UNITED STATES, RONALD REAGAN, DO HEREBY PROCLAIM THE WEEK BEGINNING MAY 13, 1984 AS MUNICIPAL CLERK AND TREASURER WEEK IN RECOGNITION OF THE VALUABLE SERVICES RENDERED BY THAT OFFICE.
ADOPTION OF BOCA CODE ORDINANCE AMENDMENT - 1981 BOCA CODES AMENDED BY 1984 BOCA CODES
Questioned by Mr. Shevock, Mr. Roe stated that the adoption of the 1984 Boca Code would change the provisions very little. In the Building Code, the 1984 amendment includes some changes in insulation and weather proofing. The Plumbing Code is amended to include K copper.
Section 5-16 (a) THE BOCA BASIC NATIONAL BUILDING CODE OF 1984
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council by unanimous roll call vote adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The following section of the Dover Municipal Code is amended to make the 1984 BOCA Code applicable in place of the 1981 BOCA Code:
Section 5-16 (a) being the BOCA Basic National Building Code of 1984 in place of 1981.
Adopted: April 9, 1984
Section 5-56 (a) THE BOCA BASIC NATION MECHANICAL CODE OF 1984
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council by unanimous roll call vote adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The following section of the Dover Municipal Code is amended to make the 1984 BOCA Code applicable in place of the 1981 BOCA Code:
Section 5-56 (a) being the BOCA Basic National Mechanical Code of 1984 in place of 1981.
Adopted: April 9, 1984
Section 5-71 (a) THE BOCA BASIC NATIONAL PLUMBING CODE OF 1984
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous roll call vote adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The following section of the Dover Municipal Code is amended to make the 1984 BOCA Code applicable in place of the 1981 BOCA Code:
Section 5-71 (a) being the BOCA Basic National Plumbing Code of 1984 in place of 1981.
Adopted: April 9, 1984
Section 7-56 (a) THE BOCA BASIC NATIONAL FIRE PREVENTION CODE OF 1984
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by unanimous roll call vote adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The following section of the Dover Municipal Code is amended to make the 1984 BOCA Code applicable in place of the 1981 BOCA Code:
Section 7-56 (a) being the BOCA Basic National Fire Prevention Code of 1984 in place of 1981.
Adopted: April 9, 1984
TAX APPEALS COMMITTEE REPORT
Whatcoat Social Services Agency Inc. - c/o Dr. Jeter - 341 Saulsbury Road
Mr. Boaman stated that Dr. Jeter of 341 Saulsbury Road appeared before the committee representing Whatcoat Social Services Agency Inc., requesting tax exemption.
The Whatcoat Social Services Agency is funded y the Whatcoat Methodist Church and grants of the State of Delaware and Kent County.
The committee recommended a tax exempt status for the agency.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Christiansen, and by a unanimous roll call vote, a tax exempt status was granted.
Whatcoat United Methodist Church - House - 796 Miller Drive - Parsonage
Mr. Boaman advised Council that a representative of the Whatcoat United Methodist Church appeared before the committee to request an exempt status for 796 Miller Drive which is utilized as a parsonage.
The committee unanimously recommended that 796 Miller Drive a parsonage, be granted a tax exempt status.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle, and by unanimous roll call vote, the committee recommendation was approved.
Trustees of Mt. Zion A.M.E. Church - c/o Paul Tue - Lot #37 North Queen Street
Mr. Boaman stated that a representative of the Mt. Zion A.M.E. Church, located at 847 W. North Street, appeared before the committee asking for tax exempt status for a lot with no improvements at lot #37 N. Queen Street. The lot did contain a house which was torn down and the church plans to use land for a parking lot.
The committee unanimously recommended tax exempt status for the lot at #37 N. Queen Street.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle and by unanimous roll call vote, the committee recommendation was approved.
Mr. Boaman moved for approval of the Tax Appeals Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
ADOPTION OF EMPLOYEE HANDBOOK
Mr. Christiansen moved for adoption of the Employee Handbook as amended, seconded by Mr. Weyandt.
Mr. Hardcastle questioned the practice of the City of reimbursing employees participating in the educational assistance plan according to grades received.
Mr. Bartolotta explained that this policy was not changed in the new Handbook and has existed since inception of the educational assistance plan.
Mr. Richter expressed his apprehension in Council’s participation in developing an Employee Handbook. It was his opinion that Council sometimes interferes with the day by day operations of the City and sometimes infringes on the jurisdiction of the City Manager.
By unanimous roll call vote, the employee’s Handbook was adopted.
APPOINTMENTS - 1984 MUNICIPAL ELECTION JUDGES
Mayor Carroll submitted the names of Councilmen Witt, Richter, Tudor and Christiansen to work in the polls on the day of the Municipal Election on April 16, 1984. He designated Mr. Witt as chief judge and Mr. Richter as deputy.
Questioned by Mayor Carroll, the appointed Councilmen expressed no conflict in serving during the hours of the Municipal Election.
SETTING OF TAX RATE
Mr. Christiansen moved that Council set a property tax rate of $1.2175 for the coming year, seconded by Mr. Tudor.
Mr. Boaman asked how Council could set a tax rate when the budget has not been reviewed to date.
Mr. Tudor stated that there has already been considerable discussion regarding the tax rate and pointed out that the City Manager saw no problem in holding the present tax rate.
Mr. Boaman stated that the taxes will make up approximately 40% of the revenues. Without knowing what expenses are contained in the budget, he wondered how Council could adopt a revenue.
Mr. Tudor pointed out a memo from the City Assessor that reminded Council that his office would have approximately three (3) days to mail out 7,000 tax bills if the tax rate is set at the last regular meeting in April.
Mr. Boaman reminded Mr. Tudor that the tax rate was not set until the last Saturday in April of last year and the bills went out the following Monday.
Mr. Richter moved to table the matter of setting the tax rate, seconded by Mr. Boaman.
By a voice call vote of four (4) yes for tabling (Mr. Boaman, Mr. Richter, Mr. Shevock and Mr. Hardcastle) the motion failed.
Questioned by Mr. Hardcastle, Mr. Bartolotta stated that the budget is now in the production stage and should be received by Council on April 11th or 12th. The revenue projections in the budget assume a tax rate of $1.2175.
Mr. Boaman reminded members of Council that an ordinance was adopted mandating a balanced budget and it is conceivable that when the budget is adopted there could be a surplus. This would be in violation of an adopted ordinance.
Mayor Carroll stated that in the past years with Mr. Bartolotta as City Manager, Council has never accepted a budget as presented. There are usually adjustments made by recommendation of Council. In addition, it was his interpretation of the Charter that the tax rate set today is basically to balance the budget for the present fiscal year. Council has two opportunities to adjust the budget; once in February and also during the month of April. If a deficit exists in the present fiscal year budget, then Council has an obligation to satisfy that deficit according to the ordinance mandating a balanced budget. It was his opinion that the Charter dictates that you set a tax rate prior to adopting a budget.
Mr. Tudor called for the question on the motion setting a tax rate of $1.2175.
By a roll call vote of five (5) no, three (3) yes (Mr. Tudor, Mr. Christiansen, and Mr. Witt) the motion was defeated.
CORRESPONDENCE
Central Delaware Chamber of Commerce - Independent Poll - Civic Center - Mayor’s Tie Breaking Vote
A letter from Mr. Allen S. Hedgecock, Executive Vice President of the Central Delaware Chamber of Commerce, advised Council that a private independent poll will be taken on the afternoon of the Dover City elections of Monday, April 16, 1984. The poll will be conducted by a Wilmington firm experienced in such work and with a completely neutral approach to the issues.
Two questions to be asked the voters leaving the polls will be:
1. Do your agree that a study to determine the benefits or negatives of a civic center for this area would be a worthwhile project?
2. Do you agree that action to reinstate the tie breaking vote for the Mayor at City Council will be an asset in conducting decisive City business?
Mr. Shevock moved to acknowledge receipt the letter, seconded by Mr. Hardcastle and unanimously carried.
Carlton Maricle - 527 William Street - Questions on Rezoning of Land Located Between Teal Construction and Clara Street on Pear Street and Property Between Brown Street and William Street on Pear Street
A letter was received from Mr. Carlton Maricle questioning the Planning Commission’s recommendation of February 21, 1983 to rezone the property located near Teal Construction and Clara Street on Pear Street and the property between Brown Street and William Street on Pear Street from R-8 (residential) to C-3 (service commercial). The rezoning request was initiated by staff to make uses in the area conforming to the Zoning Code.
Mr. Maricle pointed out objections by three area residents to the rezoning during the March 28, 1984 public hearing.
Mr. Maricle requested an opportunity to address the Mayor and Council regarding the rezoning of the property and the manner in which it was handled by Dover’s Planning and Inspection Office.
Mr. Shevock pointed out that the letter contains two false statements.
Mr. Witt moved to refer the contents of the letter to Mr. Roe’s office for his review, seconded by Mr. Shevock and unanimously carried.
Council adjourned into Executive Session to discuss personnel matter at 8:08 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of April 9, 1984, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
April 16, 1984
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