REGULAR MEETING
March 8, 1982
The Regular Meeting of Council was held on March 8, 1982 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Tudor, Boaman, Hardcastle, Carey, Witt, Carroll and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested an additional agenda item to discuss street repairs at Barrister Place.
Mr. Richter requested an additional agenda item to discuss the ordinances adopted at the Regular Council Meeting of February 22, 1982.
Mr. Carroll requested additional agenda items to discuss the Yarger Report Ordinance and accessibility to City files.
RESOLUTION - WESLEY COLLEGE - U.S. ARMY COMMAND AND GENERAL STAFF
By motion of Mr. Witt, seconded by Mr. Boaman, Council by unanimous roll call vote adopted the following resolution:
WHEREAS, the City of Dover is pleased to announce that Wesley College has been awarded a contract to host the 1st U.S. Army Command and General Staff College during the summer of 1982; and
WHEREAS, the first class of 360 officers, along with faculty and the planning group, are expected to arrive in Dover the first of June and additional classes to continue through August with an estimated 1,800 visitors to Dover; and
WHEREAS, the total economic impact by these 1,800 officers will be significant to the businesses throughout the community; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover wish to extend their congratulations to Wesley College for receiving this award.
2. That the Mayor and Council of the City of Dover hope the officers stay in Dover will be an enjoyable one which will enable them to come back in years to come.
3. That the Mayor and Council of the City of Dover wish to extend their support and cooperation to these fine officers while here in Dover.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 22, 1982
The Minutes of the Regular Council Meeting of February 22, 1982 were unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
REPORT - PLANS TO RENOVATE 118 SOUTH NEW STREET - JOHN TRIFILLIS
Mr. Roe informed Council that Mr. Trifillis was contacted after the February 22, 1982 Council Meeting in order to make him aware of Council’s directives related to his property located at 118 South New Street. On March 5, 1982, Mr. Trifillis (having made some repairs) called Mr. Roe’s office and requested an inspection.
Mr. Roe stated that the repairs performed on the property only served to hide the violations of the Housing Code, specifically, a drop ceiling covering plaster falling from the original structure and an inadequate attempt to repair the sewer system. Mr. Trifillis, after learning the Inspector’s findings during his inspection, stated that he would probably have to have the property demolished.
Mr. Roe requested that Council authorize his office to receive bids for demolition and proceed with the provisions of the Dangerous Building Act.
Mr. Bewick moved for approval of Mr. Roe’s request, seconded by Mr. Witt and unanimously carried.
DISPOSITION OF KENT APARTMENTS - NEW STREET - REPORT OF MIKE FOSTER
A letter was received from Mr. Mike Foster, part owner of the Kent Apartments on New Street, requesting an additional six months extension before Council’s final decision on demolition of the facility. The letter stated that the Dover Housing Authority has indicated that they would be a sponsor for whoever rehabilitates the building to their specifications.
Mr. Boaman moved for approval of the six month extension to run from March 22nd to September 1982, seconded by Mr. Hardcastle and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 4, 1982 at 7:45 p.m. with Chairman Witt presiding.
Historic Zone - Property Owner Notification of Demolition - Mr. Gerald Sapienza
The committee considered a request from Mr. Gerald Sapienza of 33 South State Street, that would amend the Zoning Code, providing for notification to property owners when a property is to be moved or demolished within the Historic Zone. Mr. Sapienza referred specifically to a two story Victorian type home that was recently moved from the east side of South State Street, near Division Street.
The committee recommended that the matter be referred to the Planning Commission to consider recommendations providing for notification to property owners in the Historic Zone where a residence is to be removed or demolished. The committee also stipulated that Mr. Sapienza be notified of the Planning Commission meeting where the matter will be considered and also of the Council Meeting where the Commission recommendation will be discussed.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Second Phase - HUD Grant
The committee recommended that the City of Dover initiate an application for the second phase of the HUD Grant. The application must be submitted by April 30th.
The first phase of the HUD Grant was for a period of 18 months, involving $250,000. The second phase will complete a three year program with a grant of up to $400,000.
The committee recommended that Council proceed with application for the second phase of the HUD Grant, completing the three year program.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
As a matter of public record, Mr. Boaman commended Mr. Nadab Bynum for the excellent method in which his office has handled the first phase of the HUD Grant.
Law Library - Request for City of Dover Code Books
Mr. Witt informed Council of a request from the State Law Library for a free copy of the City of Dover Municipal Code and Charter.
He informed Council that the City Clerk was directed to contact the State Law Library offering a copy of the Municipal Code for a sum of $85, noting that the City of Dover purchases State Code books for an approximate price of $400 per set.
Employee Replacement - Motor Equipment Operator - Results Engineer
The City Manager informed the committee of two resignations; one of a Motor Equipment Operator, classification G-4, and the McKee Run Power Plant Results Engineer, with a classification of G-23. These positions are critical and the committee was requested to recommend authorization for replacement.
The committee recommended that a Motor Equipment Operator, classification G-4, and a Results Engineer, classification G-23, be authorized for replacement.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
Rules and Regulations - City of Dover Parks and Recreation Center
The committee, along with Mr. Hodge and Parks and Recreation Director Knox, discussed a modification of the Parks and Recreation Rules (priority items #2 & #3) dealing with the allowable time to permit non-profit and civic organizations to utilize the Recreation Center for meetings.
During the period of time that a 25¢ per year membership was in effect, the Center serviced over 300 members. After the initiation of a $2.00 fee a drastic decline in membership was experienced.
Mr. Knox recommended that the word “annual” be dropped from priority items #2 and #3, that would allow monthly and/or bi-monthly functions.
The committee recommended approval of the request.
Mr. Witt moved for approval of the committee recommendation, seconded by Mr. Hardcastle and unanimously carried, said rule to become effective immediately.
Mr. Witt moved for acceptance of the Legislative and Finance Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
Mr. Roe stated that the Planning Commission will meet on April 19th to consider Mr. Sapienza’s request for modification of the Historic Zone Code. In addition, the Board of Directors and the President of the Friends of Old Dover will be invited to attend that meeting.
UTILITY COMMITTEE REPORT
The Utility Committee met on March 5, 1982 at 7:30 p.m. with Chairman Bewick presiding.
Request for City Water - Kent County SPCA
The committee considered a request from the Kent County SPCA for a water tap into the City system, noting that the property is not within the corporate limits of the City of Dover.
Mr. Woods informed the committee that the City does not have mains adjacent to the property and that the mains are located on the opposite side of the road. In addition, the SPCA would be required to pick up the entire cost of tapping which would probably involve a 3/4" line.
The possibility of annexation of the facility into the City of Dover was also discussed, noting that $800 would be saved in tapping fees.
Mr. Bewick yielded the floor to Mr. Ken Hogan for the purpose of discussing annexation of the facility as a part of the corporate limits of the City.
Mr. Hogan informed Council that the Board of Directors of the SPCA have not considered the question of annexation; however, he would be leaving immediately for a Board Meeting of the SPCA where the matter will be discussed.
Mr. Bewick moved that the request for water to the SPCA facility be tabled until such time as the reaction of the Board of Directors can be presented to Council. The motion was seconded by Mr. Boaman and unanimously carried.
Mr. Bewick moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
PUBLIC HEARING - FRONT FOOT CHARGES - PROPERTY ASSESSMENT - EAST AND WEST SIDE OF LAKEVIEW DRIVE - STREET IMPROVEMENTS
A public hearing was duly advertised for this time and place to consider an ordinance that would set front foot charges assessing properties on the east and west sides of Lakeview Drive for street and drainage improvements, said assessments to be recorded in the City of Dover Lien Docket.
Mayor McDonough declared the hearing open.
Mr. Rodney Hill of 801 E. Loockerman Street was present to inquire about the amount of the assessment and provisions for payments by the property owners.
It was noted that the individual property owners on the west side of Lakeview Drive would be assessed a charge of $12.04 per front linear foot of property owned on Lakeview Drive. Luther Towers, on the east side of Lakeview Drive, would be assessed a total amount of $8,188.
Mr. Hodge stated that the ordinance would provide for a ten year payoff at 9% or an option to pay within a one year period involving no interest.
Mayor McDonough declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council by a unanimous roll call vote, approved the above mentioned charges and assessment, and the method of payment as outlined in the ordinance adopted by Council on February 22, 1982.
SECOND (AND LAST) REVIEW OF VOTER REGISTRATION PURGE
By motion of Mr. Witt, seconded by Mr. Carey, Council by unanimous vote, accepted the second, and last, review of the voter registration purge.
APPOINTMENT OF TWO ELECTION JUDGES - MUNICIPAL ELECTION - APRIL 19, 1982
Mayor McDonough presented the names of Councilmen Charles Witt and Jack Richter to serve as election judges on April 19, 1982 during the Municipal Election.
Mr. Hardcastle moved for approval of the judges as submitted, seconded by Mr. Bewick and unanimously carried.
BARRISTER PLACE - STREET REPAIR
Mr. Boaman stated that the residents of Barrister Place are residents of the City, paying taxes, and deserve to have minor repairs performed on that street, although ownership of the street at this point in unclear.
Mr. Boaman moved that the City of Dover repair the street known as Barrister Place in a temporary manner or coal patch, stipulating that the City of Dover is in no way indicating dedication of the street and assumes no responsibility for other utilities such as water and sewer lines, etc. The motion was seconded by Mr. Carroll.
Mr. Tudor questioned whether the City is creating a precedent by repairing streets that have not been dedicated and the legal ramifications thereof.
Mr. Boaman reported conversations with City Solicitor Rodriguez who issued an opinion that there should not be any problems legally or on the grounds of precedence if the City repaired Barrister Place in a temporary manner. However, he hoped that the City would demand a performance bond for any like incidents of the future.
Questioned by Mr. Witt, Mr. Roe stated that it is necessary for the developer to submit a performance bond prior to the issuance of a certificate of occupancy in the amount of the uncompleted work on streets or other utilities. The streets and utilities are then inspected by the Engineering Department before submission to Council for acceptance. After acceptance, the developer furnishes the City with a one year maintenance bond.
Mr. Bewick stated that the Utility Committee has requested a complete study on the subdivision regulations by the City Manager’s Office.
Mr. Bewick moved to amend the main motion, stipulating that the City adopt new procedures for other subdivisions. the amendment was seconded by Mr. Hardcastle.
Mr. Roe suggested that a committee of at least three, comprised of Planning Commission members, be appointed to work with the Utility Committee on modification of the subdivision rules and regulations.
Council unanimously approved Mr. Bewick’s amended motion.
A voice call vote on the main motion was unanimously approved.
REVIEW OF BICYCLE ORDINANCE AND PARKING OR TRUCKS ON STREETS ORDINANCE
Mr. Richter referred to ordinances adopted February 22, 1982 concerning the parking of trucks on City streets and a restrictive ordinance on the operation of bicycles. He felt that one (1) ton restriction for trucks parked on City streets was very nebulous and should be reviewed. He also felt that the bicycle ordinance restricting speeds not to exceed 6 mph and the carrying of a child on a bicycle should also be studied.
Mr. Richter moved that the ordinance be referred to the Safety Advisory Committee, seconded by Mr. Bewick and unanimously carried.
YARGER REPORT ORDINANCE
Councilman Carroll referred to an ordinance that was included in the Yarger Report booklet stating that some of the provisions contained in the ordinance are in direct conflict with the City Charter; specifically, those sections that provide certain powers to the City Manager over all employees.
Questioned by the City Solicitor, Mr. Carroll stated that section two states that the City Manager has full authority over all employees of the City. Mr. Carroll pointed out that the City Manager has no authority over the Chief Inspector’s Office, the City Clerk/Treasurer’s Office, the City Assessor’s Office, or the Department of Police. The other conflicting provision of the ordinance states that the City Manager can change job descriptions, grades and classifications of all employees of the City. This would not be true in the aforementioned departments.
The City Solicitor was directed to study the matter in preparation for a written opinion to Council.
ACCESS TO CITY FILES AND RECORDS - COUNCILMAN CARROLL
Mr. Carroll stated that he had many calls on letters that were utilized by Mayor McDonough in a news conference related to the period of time that he was Mayor. He felt that it was unfair that he is not privileged to review Mayor McDonough’s present files covering the past two years, stating that accessibility to such information should be handled in a fair and equitable manner.
Mayor McDonough stated that his files are public records whether it be an individual or the news media.
Mr. Carroll moved that Council approve the use of all City files for his personal review. The motion was seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Bradford Street Parking Lot - Linda Bellingsworth
A letter was received from Ms. Linda Bellingsworth requesting that more permit parking be made available on the Bradford Street parking lot. She was concerned that the available spaces for permit parking are now being sold one month in advance.
Advising Council that Ms. Bellingsworth had contacted him, Mr. Carroll suggested that if the lot does not afford the proper number of permit parking spaces that thought be given to gradually eliminating the existing meters to accommodate permit spaces.
Mr. Carroll moved to refer the matter to the Legislative and Finance Committee, seconded by Mr. Carey.
Mr. Boaman felt that some consideration should be given for the original purpose of the lot, as a customer parking location rather than a facility for employees in the downtown area.
The motion for referral to the committee was unanimously approved by Council.
OPINION FROM CITY SOLICITOR - PLANNING COMMISSION APPOINTMENT
Deputy City Solicitor Hickey issued an opinion concerning the three year term on the Planning Commission of Robert M. Berglund. Mr. Berglund’s appointment terminated on February 28, 1982. Since no reappointment has been initiated by Council, the Deputy City Solicitor stated that Mr. Berglund will continue in his position as a Planning Commissioner of the City of Dover until a successor is duly qualified in accordance with 22 Del. Section 701.
Article 14, Sec. 5 of the Delaware Constitution states as follows: “All public officers shall hold their respective offices until their successors shall be duly qualified except in cases herein otherwise provided.” Since this Constitutional provision controls over the language of the State statute designating the expiration of the term of a Planning Commissioner as a vacancy and since the Delaware Constitution does not provide otherwise, Mr. Berglund will continue in his position.
Mr. Witt moved for adjournment, seconded by Mr. Bewick and unanimously carried.
Meeting Adjourned at 8:15 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 8, 1982, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
March 15, 1982
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