REGULAR MEETING
December 17, 1981
The Regular Meeting of Council was held on December 17, 1981 at 7:30 p.m. with Mayor McDonough presiding. The Regular Council Meeting of December 14, 1981 was cancelled due to the death of Councilman Carson. Members present were Messrs. Bewick, Tudor, Boaman, Hardcastle, Carey, Witt and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Roe requested an additional agenda item to submit a rezoning request.
Mayor McDonough suggested that the rezoning be presented at this time for Council action.
REZONING REQUEST - M.C. DEVELOPMENT COMPANY - NORTH SIDE OF S. LITTLE CREEK ROAD
A request was received to rezone property on the north side of the South Little Creek Road, owned by the M.C. Development Company (c/o Walter Ellis), for the purpose of an auto repair business. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Bewick, seconded by Mr. Witt, Council unanimously adopted the following resolution and referred the request to the Planning Commission:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR 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 on the north side of South Little Creek Road are presently zoned for RG-2 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 January 25, 1982 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-2 to C-3 that property located on the north side of South Little Creek Road, owned by M.C. Development Company, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: DECEMBER 17, 1981
AGENDA ADDITIONS/DELETIONS - CONTINUED
Mr. Boaman requested an additional agenda item for the presentation of a resolution for Councilman John B. Carson.
City Clerk Willis requested an additional agenda item to present a request for two hour parking in the 300 block of West Division Street.
RESOLUTION - COUNCILMAN JOHN B. CARSON
By motion of Mr. Boaman, seconded by Mr. Bewick, Council unanimously adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of John B. Carson, a Councilman of the City of Dover, who departed this life on December 13, 1981; and
WHEREAS, John B. Carson faithfully serves as Councilman of the City of Dover from 1945 to 1949 and from 1977 to the present; and
WHEREAS, John B. Carson during his tenure as Councilman, served on the Utility Committee, Plumbing Code Appeals Committee, Parks, Playgrounds & Trees Committee, and Safety Advisory Committee. In each of these important assignments he contributed immeasurably to the important decisions being made by these Committees and by the Dover City Council; and
WHEREAS, the death of John B. Carson causes a loss not only to the Dover City Council, but to the residents of the City.
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 express their regret at the death of Councilman John B. Carson, who departed this life on December 13, 1981.
2. That the Mayor and Council of the City of Dover extend their appreciation for the contributions made by John B. Carson when serving as a member of the important committees and as a member of Council from 1945 to 1949 and from 1977 to the present.
3. That the Mayor and Council of the City of Dover extend their deepest sympathy to the family of John B. Carson.
4. That the Mayor and Council of the City of Dover direct the Clerk of Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Councilman John B. Carson.
ADOPTED: DECEMBER 17, 1981
The Resolution was accepted by Councilman John Richter for presentation to the family of Councilman Carson.
PROCLAMATION - CIVIL AIR PATROL
Mayor McDonough submitted the following Proclamation:
WHEREAS, Civil Air Patrol, a civilian auxiliary of the United States Air Force, is dedicated to volunteer public service in the interest of community, state, and the national welfare; and
WHEREAS, the members of the Dover Cadet Squadron are prepared to give of their time and resources for the benefit of their fellow Americans through aerial and ground search and rescue operations, through humanitarian and mercy flights, and many other unselfish acts in time of emergency; and
WHEREAS, this organization of volunteers is helping conduct an effective national program of aerospace education and training for its members and the general public; and
WHEREAS, this patriotic organization offers an outstanding program of leadership training and development and career motivation to its teenage cadet members; and
WHEREAS, December 1, 1981 marks the 40th Anniversary of the founding of this unique organization, established to help America in its hour of need during the dark days of World War II and which today is dedicated to the service of humanity and to the non-combatant defense of this nation;
NOW, THEREFORE, I JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, do hereby proclaim and declare the week of December 1, 1981, to be “CIVIL AIR PATROL WEEK” in Dover and do hereby call upon the citizens of this City to observe this week with appropriate ceremonies honoring the men, women and cadet members of Civil Air Patrol and of the local units of this worthy organization.
The Proclamation was presented to Colonel Senato, a representative of the Civil Air Patrol, who stated that the organization is an auxiliary of the U.S. Air Force youth between the ages of 13 and 18 years old.
Colonel Senato presented a copy of the National Civil Air Patrol Annual Report to Congress for the use of Mayor and Council.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 23, 1981
The Minutes of the Regular Council Meeting of November 23, 1981 were unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
APPOINTMENT - BUILDING INSPECTOR - 1982
Mr. Witt moved that Mr. Jack T. Roe be appointed Building Inspector for the year 1982, seconded by Mr. Carey and unanimously carried.
APPOINTMENT - ACTING TAX ASSESSOR
Mr. Witt moved that Mr. Glenn McDowell be appointed Acting Tax Assessor for the year 1982, seconded by Mr. Carey and unanimously carried.
ADOPTION OF RECODIFIED MUNICIPAL CODE
Council reviewed an ordinance that would adopt a recodification of the City of Dover Code.
Questioned by Councilman Witt and Tudor, the City Clerk stated that any suggested changes could be initiated through future amendments. The new printing reflects ordinances adopted up to September of 1980. An up-to-date supplement is now being prepared by Municipal Code Corporation of Tallahassee, Flordia.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council by a unanimous roll call vote, adopted the following ordinance:
AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES, CITY OF DOVER, DELAWARE; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR THE PENALTY FOR VIOLATION OF THE PROVISIONS OF THE CODE WHEN NO SPECIFIC PENALTY IS OTHERWISE PROVIDED; AND PROVIDING WHEN SAID CODE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. That the Code of Ordinances, consisting of Chapters 1 to 22, each inclusive, is hereby adopted and enacted as the “Code of Ordinances, City of Dover,” and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before July 28, 1980, to the extent provided in Section 2 hereof. Such Code is hereby made a public record of the City.
Section 2. That all provisions of such Code shall be in full force and effort from and after December 18, 1981 in the accordance with Section 8, hereof, and all ordinances of a general and permanent nature of the City of Dover, enacted on final passage on or before December 18, 1981 and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of such Code, except as herein provided.
Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:
(a)Any offense or act committed or done any penalty of forfeiture incurred or any contract or right established or occurring before the effective date of such Code; and
(b) Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City’s indebtedness or any contract or obligations assumed by the City;
(c) Administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code;
(d) Any right or franchise granted by any ordinance of the City;
(e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way in the City;
(f) Any ordinance appropriating, transferring, or authorizing the expenditures of funds of the City;
(g) Any ordinance levying or imposing taxes not inconsistent with such Code;
(h) The zoning or subdivision ordinance and any amendments, variances, or exceptions thereto;
(I) Any ordinance establishing or prescribing grades in the City;
(j) Any ordinance providing for local improvements and assessments therefore.
(k) Any ordinance extending or contracting the boundaries of the City;
(l) Any ordinance dealing with garbage, water, electric or sewer rates or charges not inconsistent with the provisions of such Code;
(m) Any ordinance dealing with traffic-control signs, signals, devices or markings not inconsistent with the provisions of such Code;
(n) Any ordinance prescribing the numbers, classification; or compensation of any City officers or employees not inconsistent herewith;
(o) Any ordinance passed after July 28, 1980.
Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Section 4. That any and all additions or amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the “Code of Ordinances, City of Dover” shall be understood and intended to include such additions and amendments.
Section 5. That three (3) copies of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form. It shall be the express duty of the City Clerk, or someone authorized by that officer to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official “Code of Ordinances, City of Dover.”
Section 6. That whenever in such Code or in any ordinance of the City an act or omission is prohibited or is made or declared to be unlawful or an offense or a violation, or whenever in said Code or ordinance the doing or any act is required or the failure to do any act is declared to be unlawful or a violation, and no specific penalty is provided therefor, the violation of any such provisions of this Code or any ordinance shall be punishable by a fine of up to one hundred dollars ($100.00). Unless specifically provided otherwise or the context thereof so dictates, each day during or on which a violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense.
Section 7. That all ordinances or parts of ordinances in conflict herewith or with the Code adopted hereby are, to the extent of such conflict, repealed.
Section 8. That this ordinance be in full force and effect from and after December 18, 1981.
ADOPTED: DECEMBER 17, 1981
BUILDING INSPECTOR’S REPORT - 118 SOUTH NEW STREET - RECOMMENDATION TO VACATE
Mr. Roe submitted printed copies of photographs taken on the premises of 118 South New Street, showing numerous violations of the City Code, such as the heating plant, electrical and sanitary facilities. He informed Council that 15 persons are presently living in the house and the owner, Mr. John Trifillis, has ignored Mr. Roe’s notices.
He recommended that Council authorize his office to order the premises vacated and a public hearing be set for January 11, 1982 to determine if the premises should be demolished.
Mr. Witt moved for the recommendation of the Building Inspector, seconded by Mr. Bewick and unanimously carried.
ABANDONMENT - EXTREME WEST END OF CECIL STREET
Mr. Hodge informed members of Council that all property owners adjacent to the extreme west end of Cecil Street have been notified of the proposed abandonment as directed by Council during the public hearing of November 23, 1981.
Mr. Tudor reported conversations with Mrs. Sandra Burke, a representative of Southern States, who claimed that she was not properly notified of the public hearing.
Mr. Hodge reminded those present that Southern States would not be a recipient of the abandonment and only adjacent property owners were personally notified other than the legal newspaper advertisement.
Mr. Tudor relinquished the floor to Mrs. Sandra Burke, Manager of Southern States.
Mrs. Burke informed Council that Southern States’ equipment utilizes Cecil and Fulton Streets, adding that they also trespass on Conrail land in gaining access to their property. She added that contact with the company’s lawyer indicated that if Southern States has used Cecil Street for a period of years, some consideration should be given for this long period of usage. She requested that Cecil Street not be abandoned as indicated in the public hearing resolution.
Mr. Bewick stated that there seemed to be conflicting testimony as to the extent of usage on the extreme west end of Cecil Street, therefore, it was his opinion that staff should conduct further studies on the matter.
Mr. Hardcastle moved to table further discussion on the abandonment of the extreme west end of Cecil Street, pending further study by staff, seconded by Mr. Bewick and carried with Mr. Boaman voting no.
Mayor McDonough requested that the City Manger and/or City Clerk notify all interested parties of the date and time that the aforementioned matter will be discussed by Council.
ABANDONMENT OF CITY PROPERTY LOCATED ON OAK DRIVE
Mr. Hodge advised Council that Mr. Wilbur Miller and Mrs. Gray, adjacent property owners of City owned land to be abandoned on Oak Drive, have agreed to pay all costs of land transfer with the realization that they will be reassessed.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council by a unanimous roll call vote, adopted the following resolution:
A RESOLUTION VACATING AND ABANDONING A CERTAIN PARCEL OF LAND SITUATED ON THE WESTERLY SIDE OF OAK DRIVE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
Section 1. The Council of the City of Dover hereby vacates and abandons the following parcel of land laid out upon a plat of “Sherwood of Dover No. 4", dated April 14, 1961, recorded in Kent County Plat Book 5, page 71, and designated on said plat as “Dedicated Open Space”; having a total frontage on Oak Drive of 152.75', a frontage on a 20' wide alley, to the south, of 87.07', and abutting lots 43 and 44 of said Sherwood plat by a line having a distance of 174.70'.
Containing 0.16 acres, more or less.
Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid parcel of land no compensation is awarded.
Section 3. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid parcel of land.
ADOPTED: December 17, 1981
APPROVAL OF POLICE AGREEMENT - SET PUBLIC HEARING FOR POLICE PENSION ORDINANCE
Mr. Hodge pointed out the submission of a new Police Agreement and an ordinance amending the Police Pension Plan. The amended Police Pension Plan ordinance requires the setting of a public hearing.
Mayor McDonough questioned Section 18-47, under “Members - Generally”, that states “the retirement committee shall consist of the Mayor, the City Manager, the Chief of Police, one member of City Council as appointed by the Mayor...”. It was his opinion that appointment of a Councilman by the Mayor is in conflict with the City Charter. However, since the Charter would override any adopted ordinance if in conflict, this section of the ordinance could be corrected at a later date.
Mr. Boaman moved to approve the Dover Police Department Employee Agreement and to set a public hearing for January 11, 1982 at 7:45 p.m. to consider adoption of the amending Police Pension Ordinance. The motion was seconded by Mr. Hardcastle and unanimously carried. (It is noted that a copy of the Police Agreement will be maintained in the Office of the Chief of Police, the City Manager and the City Clerk.)
ASSOCIATION OF ELECTRIC DEPARTMENT EMPLOYEES’ AGREEMENT
By motion of Mr. Boaman, seconded by Mr. Carey, Council unanimously adopted the Association of Electric Department Employees’ Agreement; said agreement being on file in the Office of the City Manager and the Office of the City Clerk.
DOVER ORGANIZATION OF EMPLOYEES’ AGREEMENT
Mr. Witt and Mr. Richter questioned the number of employees that would fall under the provisions of the Agreement.
Mr. Hodge stated that the unit is defined in accordance with the Taft-Hartley Law although this is not specifically explained in the Agreement.
Mr. Boaman informed Council that the committee reviewed each employee to determine these who would come under the unit.
Mr. Boaman moved for adoption of the Dover Organization of Employees’ Agreement, seconded by Mr. Carey.
Mr. Richter moved to amend the motion to include a provision for definition of the unit as shown in Section 26 of the Association of Electric Department Employees. Definition of the unit in the Dover Organization of Employees’ Agreement would become Section 22. The amendment was seconded by Mr. Bewick.
By a voice call vote the amendment was unanimously approved.
Council unanimously adopted the Dover Organization of Employees’ Agreement, as amended; said agreement being on file in the Office of the City Manager and the Office of the City Clerk.
DOVER HOUSING REHABILITATION GUIDELINES
Mr. Hodge pointed out a change in wording under Section 3.0 of the Housing Rehabilitation Grant Program Guidelines. In the third paragraph of that section, the first sentence states “The grant recipient agrees to repay the entire grant amount award if he/she were sell the rehabilitated property.” Mr. Bynum has recommended that the words “sell or rent” be added to fully explain the stipulations.
Mr. Witt questioned the wording of Section 3.0, entitled “Grant Amount” which states “Units found unable to be brought up to the minimum City of Dover Housing Code standards with the $10,000 grant money will not be addressed unless other funds can be utilized to make the additional repairs needed.”
It was Mr. Witt’s opinion that this section should allow some flexibility for a residence that would need $11,000 worth of repairs.
Mr. Bynum explained that the grant guidelines only allow $10,000 for each residence. It is possible that some units would only need $7,000 and in this case he would be obliged to come before Council requesting an additional $1,000 for any repairs over $10,000. This would be handled on a case by case basis.
After discussion on the procedures for awarding contracts, Mr. Richter moved for approval of the Guidelines, noting the addition of the words “or rent” in the third paragraph under Section 3.0 “Grant Amount”. The motion was seconded by Mr. Hardcastle and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on November 24, 1981 with Chairman Witt presiding.
Employee Replacement - Trash Truck Operator
Mr. Hodge requested a recommendation from the committee that the Public Works Department be authorized to hire a trash truck operator due to a vacancy.
The committee recommended that the job opening be filled by personnel qualified from another department.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
Line Item Budget
Mr. Witt referred to a discussion on line item budgets, expressing an opinion that although Council would approve certain items as submitted by the City Manager or other departments, those departments still must adhere to the bottom line figure in that budget. Any additions to the budget must also be approved by Council.
Questioned by members of Council, Mr. Hodge stated that the budgets do reflect increases caused by the Yarger Report which was approved by Council. However, the agreements approved by Council during this meeting contained an attachment reflecting additional costs to the budgets which have not been approved by Council.
It was Mr. Richter’s opinion that regardless of approval of the Employee Agreements, the budget has not increased in dollar value as reflected in the attached cost impact figures.
He added his feeling that monies could be found in the existing budget to cover whatever cost impact that the Agreements would create.
After a thorough discussion on the matter, Mayor McDonough charged the Legislative and Finance Committee with the responsibility of submitting to Council a policy with guidelines on procedures of following a line item budget.
Mr. Hardcastle moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 30, 1981 with Chairman Bewick presiding.
Dr. James McClements - Shallow Wells for Heat Pump
The committee considered a request from Dr. James McClements for two shallow wells to be utilized for a heat pump and unanimously recommended approval.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
Kent County Conservation District - Erosion and Sediment Control Agreement
Mr. Woods presented an erosion and sediment control agreement for the committee’s consideration that basically would be a cooperative agreement between the City of Dover and Kent County Conservation District to allow the City to administer the requirements of the State law that applies to erosion and sediment control. Approval of the agreement would circumvent the necessity of requesting the services of the Conversation District.
The committee recommended approval of the Kent County Conservation District Erosion and Sediment Control Agreement.
Mr. Bewick moved for approval of the recommendation, seconded by Mr. Witt.
Mr. Richter stated that other members of Council not on the Utility Committee have not had the opportunity to review the agreement and felt that this should be accomplished before approval.
Mr. Bewick withdrew his motion for approval as did the seconder, Mr. Witt.
Mr. Bewick moved to table the matter until the January 11th Council Meeting, seconded by Mr. Witt and unanimously carried.
Additional Well Capacity
The committee recommended approval of a contract to be awarded to Shannahan for $21,405, total contract not to exceed $25,000, to install three submersible wells that would produce approximately 200 to 300 gallons per minute.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Richter and unanimously carried.
Puncheon Run Sanitary Sewer
The committee recommended an expenditure of $24,200 to prepare for submission of bids of the St. Jones Interceptor Sewer.
Mr. Boaman questioned the amount of the contract, just to prepare for bids.
Mr. Woods stated that this would be an amendment to an original contract with Betz, Converse and Murdoch, Inc., who have already prepared considerable information on the project. If another company was sought for the contract, the price would be substantially larger in that they would have to start from the beginning.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Dover Brook Gardens - Lafferty Lane - Sewer Feasibility Study
The committee recommended approval of an expenditure up to $3,000 to prepare an application and any work necessary for EPA in an attempt to obtain funding for sewer in Dover Brook Gardens and Lafferty Lane.
Mr. Bewick moved for approval of the recommendation, seconded by Mr. Richter and unanimously carried.
Division Street - Water Tank Painting
The committee recommended approval of an expenditure of $14,000 to paint the Division Street water tank.
Mr. Bewick moved for approval of the recommendation, seconded by Mr. Carey and unanimously carried.
Meeting With Burns & McDonnell - Discussion on Feasibility Study
Mr. Hodge stated that he has arranged a meeting with Burns and McDonnell who are conducting an electrical feasibility study on January 18, 1982. He added that they are prepared to discuss the resale of City of Dover electric.
City Owned 3750 KVA Transformer - Consideration to Sell
The committee considered a request from Mr. Schucker to sell a 1957 3750 KVA Transformer that has been stored since 1970. The City was offered $7,500 by the U.S. Transformer Inc., Company; said offer being until December 31, 1981.
The committee suggested that a recommendation be obtained from Burns & McDonnell that would incorporate their suggestions as to whether the City would hold the transformer and an approximate fair price.
After contact with Burns & McDonnell, Mr. Hodge stated that a fair price would be $1.50 to $2.28 per KVA. This would be a range of $5,600 to $8,400 for the unit. The market value, after reconditioning of the transformer, would be approximately $20,000.
Mr. Hodged stated that if the transformer were to be used at any location other than the Monroe Street Substation, it would be necessary to purchase three regulators at a price of $12,000 each.
Questioned by Mr. Tudor, Mr. Schucker stated that it would cost approximately $45,000 to purchase a like transformer, new.
Mr. Richter moved to refer the matter back to the Utility Committee for further study, seconded by Mr. Bewick and carried with Mr. Carey voting no.
By motion of Mr. Bewick, seconded by Mr. Carey, the Utility Committee Report was approved as submitted.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, playgrounds and Trees Committee met on December 8, 1981 at 7:30 p.m. with Chairman Hardcastle presiding.
St. Jones River Watershed Association - Walking and Jogging Trail
The committee considered a request from Mr. Paul Scotton, President of the St. Jones River Watershed Association, that would establish a walking and jogging trail beginning at Division Street, on City property, running north to the Silver Lake Recreation Area. The request stated that the installation would be funded by the Association but would require that the City provide land rights, supervise installation and be responsible for the facility after it has been completed.
Mr. Scotton also requested that the City of Dover become a sponsor for his organization for the purpose of handling all funds such as donations and/or state grants.
The committee recommended that the request be presented to Council in two parts: (1) That the committee recommends that the City of Dover act as a sponsor for the St. Jones River Watershed Association (2) That the committee recommend that Council consider the installation of a jogging/walking trail in the park area, beginning at Division Street bridge running north to the Silver Lake Recreation Area.
Mr. Hardcastle moved for the recommendation of the committee that the City of Dover act as a sponsor for the Association, seconded by Mr. Richter.
Mr. Paul Scotton was present explaining that the Association is most interested in having the City become a sponsor to handle all funds or grants. The jogging/walking trail would be built with funds accumulated by the Association. As to the question of liability, or usage of the trail, the Association felt that the City liability insurance would cover this activity without additional cost.
Mr. Scotton outlined other plans of the Association that would include cleaning up the northern end of Silver Lake to establish canoe trails. In addition, they plan, through state aid and legislation, to build a historic boat landing near Dickinson’s Mansion in the vicinity where it was originally located.
Questioned by Mayor McDonough, Mr. Scotton stated that the $3,600 for installation of a compacted select earth type of trail would come from funds collected by the Association. The Association plans to request a large enough sum to also maintain the trail in case of flooding or other damage.
Mr. Hardcastle’s motion that the City of Dover act as sponsor for the St. Jones River Watershed Association was unanimously carried.
Ernest V. Keith - Permission to Construct Wharf - Silver Lake
Mr. Keith was in attendance during the committee meeting, stating that he is building a residence on the lake shore that will encompass land for an additional residence and possible development that would be adjacent to the site. He proposes to construct a wharf that would extend out from the cove approximately 20' into the lake that would serve his residence and the proposed adjacent residence. The wharf would also screen a drain that will be necessary to carry the run-off from the development.
Since the wharf would be constructed in a cove and not project into the lake where it would interfere with other boat traffic, the committee recommended approval of Mr. Keith’s request.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Richter.
Council questioned why Mr. Keith would require a 20' wharf after being advised by Mr. Hodge that staff has always recommended only a 10' projection into the lake.
Mr. Keith had advised the committee that the 20' wharf would accommodate two 18' boats.
Questioned by Mr. Tudor, City Solicitor Rodriguez felt that Council’s approval of that wharf should stipulate conditions that were considered in granting Mr. Keith’s request. 1) That Council does not intend to create a precedent by allowing the wharf to extend into the lake 20'. Permission would be granted only because the site is situated in a cove out of the mainstream of lake traffic and does not present any danger to other boaters. 2) Any future requests would be considered on a case by case basis.
Request to Deed Property to the City of Dover - Dr. Thomas Ferguson
The committee considered a referral from the Legislative and Finance Committee, who during their meeting of October 15, 1981, recommended denial of a request by Dr. Thomas Ferguson to deed a parcel of land, located at 424-426 W. Division Street, to the City.
During discussion of this matter by the Parks, Playgrounds and Trees Committee, it was noted that utilization of the property for recreation would necessitate the demolition of an existing structure at an approximate cost of $1,500.
Since the existing recreation area, containing a basketball court, is heavily utilized by the neighborhood, Mr. Hardcastle felt that the committee had no other alternative but to recommend the acquisition of the land fo recreational purposes.
Referring to City owned property throughout the City that will be sold through Council approval, Mr. Hodge suggested that a portion of these funds might be earmarked to convert Mr. Ferguson’s property to a recreational area.
Mr. Hardcastle, during the committee meeting, stated his recommendation of approval for accepting the land, leaving the final decision for Council. Mr. Carey voted no.
Mr. Hardcastle moved that the City of Dover accept a deed to the land located at 424-426 W. Division Street as offered by Dr. Thomas Ferguson. The motion failed for lack of a second.
Mr. Hardcastle moved for approval of the report, seconded by Mr. Witt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on December 8, 1981 at 8:35 p.m. with Chairman Hardcastle presiding.
Division of Public Health - Request for Handicapped Parking - Jesse S. Cooper Building
The committee recommended approval of the Division of Public Health request for the City to grant two automobile lengths of parking in front of the Jesse S. Cooper Building for the handicapped.
Mr. Hardcastle moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Restrictive Parking - Kings Highway N.E. - Adjacent to Reichhold Chemicals
Mr. James Burcham of 298 Kings Highway N.E., addressed the committee on a recently enacted ordinance that would restrict parking from the entrance to the Reichhold Chemicals’ parking lot north 88', towards the entrance to Silver Lake Recreation Area, on the east side of Kings Highway N.E. He proposed that the restrictive parking be adjusted within legal limits, or 15' north of the entrance of Reichhold Chemicals.
It was noted that Chief Klenoski had recommended not altering the parking as requested by employees of Reichhold Chemicals.
It was the recommendation of the committee that the parking restriction on the east side of Kings Highway N.E. be altered to prohibit parking 15' north of the entrance to Reichhold Chemicals’ parking lot.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried with Mr. Carey voting no.
Harris Kiddie Kollege - Request for Lower Speed Limit and “School” Sign
A request was received from the Harris Kiddie Kollege and Elementary School, located on W. Walker Road, to lower the speed limit in the vicinity of the school and erect “School” signs.
Chief Klenoski reminded those present that W. Walker road is a state road and is not maintained by the City of Dover. Therefore, any change in speed limit or signing would be the responsibility of the State. There was also a question as to whether Harris Kiddie Kollege would qualify as a school.
Since the time of the committee meeting, Chief Klenoski stated that the Deputy City Solicitor has determined that Harris Kiddie Kollege would qualify as a school. Therefore, a letter has been written to Mr. Katz, of the State Highway Department, requesting that a survey be conducted to determine recommended speed limits and signing.
Mr. Hardcastle moved for approval of the Safety Advisory Committee report as submitted, seconded by Mr. Carey and unanimously carried.
REZONING REQUEST - LAFFERTY LANE - NEAR HORSEPOND ROAD - DAVID J. & JUNE B. SCHAMP
A rezoning request was received for property located on Lafferty Lane, near the intersection of Horsepond Road, owned by David J. and June B. Schamp, for the purpose of an auto repair shop. Prior to amending the zoning ordinance and zoning map, a public hearing is required.
By motion of Mr. Carey, seconded by Mr. Richter, Council unanimously adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR 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 RD #3 Box 57 (Lafferty Lane) are presently zoned for R-20 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 January 11, 1982 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located at RD #3 Box 57 (Lafferty Lane), owned by David J. and June D. Schamp.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: December 14, 1981
CORRESPONDENCE
Wilmington Trust Company - Request for Two Fifteen Minute Parking Spaces
A request was received from Mr. Peter Weber of the Wilmington Trust Company for two fifteen minute parking spaces adjacent to their new night depository and Docutel machine.
Mr. Hardcastle moved for referral to the Safety Advisory Committee, seconded by Mr. Carey and unanimously carried.
Two Hour Parking - 300 Block of W. Division Street - Florence Viehman and Emily Marker
A request was received from Mrs. Florence Viehman and Ms. Emily Marker to establish two hour parking in the 300 block of W. Division Street.
By motion of Mr. Witt, seconded by Mr. Carey, the matter was referred to the Safety Advisory Committee by a unanimous vote.
Mr. Witt moved for adjournment into executive session, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of December 17, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
December 24, 1981
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