REGULAR MEETING
June 8, 1981
The Regular Meeting of Council was held on June 8, 1981 at 7:30 p.m. with Mayor McDonough presiding. Councilmen present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested an additional agenda item to discuss the Police Pension Plan.
Mr. Witt requested an additional agenda item in executive session to discuss personnel matters and possible litigation.
Mr. Hardcastle requested an additional agenda item concerning motorcycle noise after midnight.
Mr. McDonough requested the deletion of item #4 (Appointment - Five Year Term - Dover Parking Authority).
EXECUTIVE SESSION
Mr. Witt moved for a recess into an executive session to discuss personnel matters and possible litigation. The motion was seconded by Mr. Weyandt and unanimously carried.
WILLIAM A. HAYES RETIREMENT
City Assessor Hayes formally announced his intention of retirement, effective June 26, 1981.
APPOINTMENT - ACTING CITY ASSESSOR
Mr. Witt moved that Mr. Glenn McDowell be appointed Acting City Assessor based on stipulations as outlined by Council until such time that a permanent Assessor is named. Mr. McDowell’s appointment will become effective on June 26th or at the time of Mr. Hayes’ employment termination.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 25, 1981
By motion of Mr. Boaman, seconded by Mr. Witt, the Minutes of the Regular Council Meeting of May 25, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
PUBLIC HEARING CONTINUATION - TRASH PICKUP, TRASH PICKUP FEES AND RECYCLING
Mr. Mogan presented the following report on trash collection and disposal based on the Utility Committee consensus of June 2, 1981:
Definition of Clients:
Residential - All dwelling units whether single, private or in a multi-housing complex.
Commercial - Any business registered with the City of Dover, and will include tax exempts and institutions.
Two classes established: “A” Those generating less than one cubic yard per pickup and “B” Those generating over one cubic yard and less than 2 cubic yards. Each cubic yard over two will be surcharged at two dollars ($2) per cubic yard. Total yardage picked up is not to exceed four cubic yards.
Plan
Collection twice per week of all present clients. (Includes twice per week of the central business district). A fee is to be charged to recover the cost of the service.
Fee - Residential - $ 66/yr
Commercial - A - $ 99/yr
- B - $280/yr
Mrs. Grace Matthews of 359 Mockingbird Avenue stated her opinion that peddlers such as Tupperware and Amway are not paying their share since a great number of the agents do not possess proper licensing by the City. She also pointed out the many tax exempt agencies within the City who receive trash pickup service.
Mrs. Matthews stated her feeling that once per week trash pickup is sufficient; however, she did not agree with recycling since, in her opinion, most of the recycling will be done by the woman of the house.
Mr. Ben Bowings of 198 Haman Drive was present to ask if tax exempts will be charged for trash pickup. The question was answered affirmatively by Mr. Mogan.
Mr. Durward Matthews of 359 Mockingbird Avenue was concerned that it has taken the City approximately two years, since inception of the Solid Waste Authority Landfill, to come up with a solution that would cannot be deducted from income tax, yet commercial establishments can claim the charge as an expense.
Mr. Steven Horvatincic of 429 Alder Road stated that residents, consisting of 48% of the tax base, have carried 100% of the burden for many years. With the initiation of a trash fee for tax exempts, representing 52%, it would seem that residents could be furnished trash pickup without a fee.
Noting the recent increase in water and sewer charges, the constant increase of electric bills, and now a trash pickup fee, Mr. Horvatincic felt that Council is not thinking completely of elderly people on a fixed income.
Councilman Weyandt stated that he could not support the fee schedule or the ordinance that mandates property owner responsibility for all unpaid trash pickup fees. When private businesses are cutting personnel and other expenses, Mr. Weyandt felt that Council is not willing to cut some of the services in the City of Dover in order to decrease the deficit due to adverse feelings among the populist.
Mr. Jack Costello felt that there are a number of older couples and poor people who generate very little trash that cannot afford the proposed trash fee. If the trash fee is not paid by the tenant and the property owner is responsible, it was his opinion that the unpaid trash fees would reflect in the resident’s rent.
Mayor McDonough declared the public hearing closed.
Mr. Bewick reminded those present of a Legislative and Finance Committee meeting on June 9th. If the committee can devise a method of reducing the deficit, than the preliminary trash pickup fees, as presented, would be decreased accordingly. In addition, if outside contractors present a bid for trash pickup within the City at an acceptable figure, this would also serve in reducing the proposed fees.
Mr. Bewick moved for adoption of Mr. Mogan’s aforementioned proposal for trash pickup, seconded by Mr. Boaman.
Mr. Witt stated that he could not support the proposal as presented, since it does not provide that residences can decline the use of City trash pickup and commercial establishments can. He felt that the aspect of only picking up residential should be considered and that the proposal is not the ultimate answer for trash pickup.
Mr. Witt moved to amend Mr. Bewick’s motion to consider only residential pickup that would include all multi-housing and discontinue commercial pickups, effective July 1st. Mr. Witt proposed a second amendment to Mr. Bewick’s motion that would only consider one day per week pickup for residential. The amendment was seconded by Mr. Weyandt.
Mr. Witt stipulated that his amendments did not incorporate a fee until such time as a policy is established.
On a call for the vote, the amendment stipulating once per week trash pickup was defeated by a vote of five (5) no and three (3) yes (Mr. Weyandt, Mr. Hardcastle and Mr. Witt). A vote on Mr. Witt’s amendment that would establish trash pickup for residential only, was defeated by a vote of five (5) no, two (2) yes (Mr. Weyandt and Mr. Witt) with Mr. Carson passing.
Prior to the vote on Mr. Bewick’s motion to adopt Mr. Mogan’s proposal, Mr. Hardcastle stated that he could not support the proposal since he has been in favor of increasing taxes versus a trash pickup fee. In addition, he could not support the provision in the proposed ordinance that would consider the property owner responsible for the fee if not paid by the renter.
Mr. Witt reported a number of telephone calls from senior citizens who expressed concern that they are supporting larger families in the proposed fee due to total trash generated by one or two people. In addition, the calls advised that if the City of Dover levies a trash pickup fee, they would not be cooperative in the recycling program.
By a vote of five (5) yes, three (3) no (Mr. Weyandt, Mr. Hardcastle and Mr. Witt), Mr. Bewick’s motion to accept Mr. Mogan’s proposal as aforementioned was carried.
After discussing the methodology of collecting the trash pickup fee, Mr. Witt moved that the trash pickup fee be collected on a separate billing. The motion failed for lack of a second.
Mr. Weyandt moved that the trash pickup fee billing be an attachment to the electric bill, seconded by Mr. Witt. By a vote of four (4) yes, four (4) no (Mr. Bewick, Mr. Boaman, Mr. Hardcastle and Mr. Carson) the motion failed.
Mr. Boaman moved that the trash pickup fee be an attachment to the electric billing on a monthly basis, stipulating that a deposit covering two months for trash pickup fee be established. The motion was seconded by Mr. Bewick.
Mr. DiMondi pointed out the existing charges paid to the City of Dover for electric, sewer and water, taxes and now a proposed trash pickup fee. He requested that the City not take a line of least resistence and single out the hotel/motel business for the collection of additional revenue.
Mr. Allen Hedgecock, Executive Vice-President of the Central Delaware Chamber of Commerce, stated that it would be in the best interest of the City and the Chamber of Commerce to encourage business into the City of Dover and not punish a single industry that is not 100% viable and below the regional occupancy level.
Mr. Hedgecock stated that there is a possibility of funds from the State based on a 2% return to the City from the 6% now being charged hotels/motels. If the City does not impose the hotel/motel fee, he is prepared to introduce legislation on June 9th toward that end.
Mayor McDonough declared the hearing closed.
Mr. Richter moved to disapprove the ordinance, seconded by Mr. Carson. By a roll call vote of seven (7) yes, one (1) no (Mr. Carson) the ordinance was disapproved.
REZONING - 411 COWGILL STREET - LOTS #70 - #73 - ARNOLD AND RUTH PARISH
A public hearing was duly advertised for this time and place to consider rezoning 411 Cowgill Street (lots #70 - #73), owned by Arnold & Ruth Parish. The rezoning is for the purpose of constructing an auto repair facility (Midas Muffler). Mayor McDonough declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence.
Mayor McDonough declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Hardcastle. By a unanimous roll call vote, Council adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 411 COWGILL STREET (LOTS #70 - #73).
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 property described below from R-20 to C-4.
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 fo this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-4 on that property located at 411 Cowgill Street (lots #70 - #73), owned by Arnold and Ruth Parish.
ADOPTED: JUNE 8, 1981
PUBLIC HEARING - REZONING - 771 & 777 SOUTH LITTLE CREEK ROAD - FRED & ANN ERDLE
A public hearing was duly advertised for this time and place to consider rezoning 771 & 777 South Little Creek Road, owned by Fred & Ann Erdle. The rezoning is for the purpose of a warehouse and office.
It was noted that the intent of the motion is to set a public hearing for June 22, 1981 at 7:45 p.m. to consider the trash pickup and recycling ordinance, which will incorporate a provision mandating a deposit for the collection fee.
By a roll call vote of six (6) yes, two (2) no (Mr. Carey and Mr. Witt), Mr. Boaman’s motion for the trash pickup fee to be an attachment to the electric bill and that a two month deposit be established was carried.
PUBLIC HEARING - ORDINANCE TO PROVIDE CITY OF DOVER HOTEL/MOTEL GUEST FEE
A public hearing was duly advertised for this time and place to consider an ordinance that would incorporate provisions for a City of Dover hotel/motel guest fee. Mayor McDonough declared the hearing open.
Mr. David Pitts, President of the Hotel/Motel Association of Dover and General Manager of the Holiday Inn (residing in Mayfair) submitted a report officially opposing the proposed $1.00 per night hotel/motel guest fee. Mr. Pitts’ report pointed out that motels in the City of Dover are running a combined occupancy of 55.5% which is 12.8% behind the upper South Atlantic Regional averages for 1980 and 21.5% behind the 1978 National average. Seven motels in the City are now paying $45,000 per year in City taxes, $400,000 in electric and $35,000 for water and sewer. These costs, coupled with increases in the minimum wage and payroll costs, are forcing cutbacks in the industry and the guest fee will only magnify the problem.
It was the feeling of the Association that the proposed tax will cause a nightmare of paperwork due to the large number of tax exempt (federal, state and military) guests that currently support the motels.
In conclusion, Mr. Pitts’ organization felt that the City of Dover will suffer by higher unemployment due to necessary layoffs. He said that the fee would cause lower occupancy, resulting in consumers patronizing neighboring competition outside the City limits.
Mr. Pitts advised Council that last year the Holiday Inn experienced an occupancy of 45%. The average for this region was 68.3% for the same period of time.
Mr. Pitts advised those present that the hotel/motel guest fee coupled with the 6% state tax would result in an assessment of 10% that compares to larger cities who have much more to offer than the City of Dover in relation to tourism.
Mr. Pitts pledged the cooperation of the Dover Hotel/Motel Association in working with the City of Dover to establish an alternate method of raising additional funds.
Questioned by Mr. Witt, Mr. Pitts stated that the Dover Hotel/Motel Association is working in cooperation with the Chamber of Commerce to introduce legislation that would channel 2% of the present 6% state tax to the City of Dover, a portion thereof utilized for tourism.
Mr. Frank DiMondi, an associate of the Sheraton Inn, stated that there were five real estate transactions for motels in the City during the past year. Three of these sales were sold below the assessed value, as shown on City tax records. He felt that this indicated a very weak business.
Mr. DiMondi stated that the imposition of a City guest fee would result in a 2% loss of occupancy the first year, totaling $14,000, and a 1% loss of occupancy the second year, totaling $7,000. This would mean a loss of revenue to the Sheraton Inn of $21,000 for a two year period.
Mayor McDonough declared the hearing open.
Mr. Water Ellis was present to represent Fred & Ann Erdle and advised Council that Mr. Bill Kinnamon, representing S.G. Williams and Company, was present to respond to any questions that Council might present.
Mr. William Kinnamon, Secretary/Treasurer & Manager for S.G. Williams and Company, stated that the proposed building would be 80' wide and 200 deep to serve the corporation’s wholesale roofing and siding business.
Mayor McDonough declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, Council by a unanimous roll call vote, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 771 & 777 SOUTH LITTLE CREEK ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-1A to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-1A to C-3 on that property located at 771 & 777 South Little Creek Road, owned by Fred & Ann Erdle.
ADOPTED: JUNE 8, 1981
UTILITY COMMITTEE REPORT
The Utility Committee met on June 2, 1981 at 7:30 p.m. with Chairman Bewick presiding.
Recycling Ordinance - Public Hearing Date
The committee reviewed the trash pickup and recycling ordinance, recommending that a public hearing be held on June 22, 1981 at 7:45 p.m., stipulating that all recommended revisions be prepared for committee review prior to the public hearing.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried. (Mr. Witt was absent).
Acceptance of Freedom Place - Bicentennial Village
Mr. Mogan advised the committee that a section of Freedom Drive, in need of repair, was accepted by Council at an earlier date; that section, not being a part of Freedom Drive and Freedom Place, that is now proposed for acceptance.
Based on an inspection by the Engineering Department and Mr. Mogan’s personal observations, the committee recommended acceptance.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Carey.
Questioned by Mr. Weyandt, Mr. Mogan stated that the section in need of repair and previously referred to by Council is covered by a $14, 000 maintenance bond. The contractor has been advised to repair the street.
Mr. Hardcastle called for the question.
By a voice call vote of seven (7) yes, one (1) no (Mr. Weyandt), Freedom Drive and Freedom Place were approved as dedicated streets.
By motion of Mr. Bewick, seconded by Mr. Hardcastle, the Utility Committee Report was approved as submitted.
REVISED POLICE PENSION PLAN
Mr. Weyandt referred to a report, furnished to members of Council, relating to proposed changes in the Police Pension Plan that would initiate retirement in 20 years. Mr. Weyandt informed Council that the recommendations would cost the City $132,467 for fiscal year 1981/82.
Mr. Weyandt advised Council that he felt it necessary to violate a trust in order to furnish additional information to Council; that information being that the Police Department would be willing to forego any wage step increases for fiscal year 1981/82 in order to initiate approval of the proposed revisions. The proposals are a result of a majority vote of approval of the Police Pension Committee.
Mr. Weyandt moved to approve the Police Pension Plan revisions as submitted in the report. The motion failed for lack of a second.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 26, 1981 at 3:00 p.m. with Chairman Witt presiding.
Amendment - Precious Metals Ordinance
Mr. Witt informed Council that the committee recommended approval of an amendment to the precious metals ordinance (sec. 20-35.3) that governs the purchase and sale of secondhand items comprised in whole or in part of precious metals.
Mr. Witt moved for approval of the amendment and that a public hearing be held on June 22, 1981 at 7:45 p.m. The motion was seconded by Mr. Boaman and unanimously carried.
Tax Reassessment - Letter to Members of Levy Court
The committee recommended that a formal letter from Mayor McDonough be sent to members of Levy Court, advising that the City is interested in a joint reassessment, stipulating a joint County/City workshop at their earliest convenience.
Mr. Witt advised that the letter was included in Council packets for review and recommended mailing to President William Paskey and members of Levy Court. The motion was seconded by Mr. Carey and unanimously carried.
License and Registration Renewal - Legislation Restricting Pending Payment of Unpaid Fines
Mr. Mogan reported that Legislative Council of the General Assembly is now preparing an ordinance for review that would mandate payment of all outstanding fines before renewal of a drivers license or registration. This information would be incorporated in the State computer.
Dover Parking Authority - City of Dover to Assume Indebtedness and Assets
Mr. Mogan reported to the committee, meetings with members of the Dover Parking Authority who have agreed that the City will assume all assets and liabilities of that body with the Parking Authority remaining in an advisory capacity. The indebtedness of the Authority would amount to $7,000 for fiscal year 1981/82; $8,000 for fiscal year 1982/83 and would escalate to 427,000 in September of 1991. Total debts of the Authority amount to approximately $130,000, with a property book value in the area of $198,000.
Mr. Witt moved for approval of the aforementioned, effective July 1, 1981, stipulating that the City meter maid monitor the Bradford Street lot and that Mr. Karia be authorized to maintain Parking Authority monies in a separate fund since the debts might reflect on the City’s bond rating. The motion was seconded by Mr. Boaman.
Mr. Boaman moved to amend the motion to initiate necessary storm drainage work by the City preparation of other improvements volunteered by local organizations. The amendment was seconded by Mr. Weyandt.
Mr. Witt called for the question on the amendment which was unanimously carried.
The vote on Mr. Witt’s main motion was unanimously carried.
1980/81 Revised Electric Budget
Mr. Witt stated that the revised 1980/81 electric budget was recommended for approval by the committee and moved that this be accomplished by Council. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Boaman moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
REZONING REQUEST - 24 THE GREEN - CHARLES D. CAREY
A rezoning request was received to rezone property located at 24 The Green, owned by Charles D. Carey. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Carey, 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 at 24 The Green are presently zoned for RG-1 and C-3 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 July 13, 1981 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 and C-3 to C-2A that property located at 24 The Green, owned by Charles D. Carey.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: JUNE 8, 1981
CORRESPONDENCE
Annexation Request - Frank J. Gentile, Jr.
A letter was received from Mr. Frank J. Gentile, Jr., requesting annexation of property located on County Roads #158 and #104, consisting of 28.967 acres.
Mr. Witt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Carey and unanimously carried.
MOTORCYCLE NOISE AFTER MIDNIGHT
Mr. Hardcastle reported complaints from citizens concerning the noise of motorcycles riding in various areas of the City during late hours, making excessive noise, probably due to faulty mufflers. He requested action by Council, in cooperation with the Police Department that would restrict this nuisance and reduce some of the complaints received from citizens.
Mr. Roe informed Council that EPA is now holding public hearings in the area on motor vehicle noise.
It was the general feeling of Council that Mr. Roe should represent the City during these public hearings, and as a representative of Council, present for the record the City’s opposition to excessive motorcycle noises.
COUNCILMAN FRANCIS R. WEYANDT - VERBAL RESIGNATION
Requesting five minutes of floor time, Councilman Francis R. Weyandt issued the following statements:
“Gentlemen, for the past seven years I have attempted to follow the wishes of the citizens. I have worked exceptionally hard in the past six months to accomplish certain aims and goals. The time devoted to City affairs during this period of time has accomplished nothing.
This Council cannot make a decision nor have they considered citizens and voters during budget discussions. Council has not only been indecisive but abusive to fellow members.
I have made personal sacrifices in my efforts to keep peace within the Council and work in harmony. These actions on my part, seemingly, were in vain.
Orally, I am officially announcing my resignation from the Council of the City of Dover, effective tonight, June 8, 1981. My conscience will not allow me to continue as a Councilman working under adverse conditions, accomplishing nothing.
It has been a pleasure working with you, Mayor McDonough, and as my last official act, I would like to adjourn this meeting.”
Meeting Adjourned at 10:00 P.M. by motion of Mr. Weyandt, seconded by Mr. Carey.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of June 8, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
June 15, 1981
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