REGULAR MEETING
May 25, 1981
The Regular Meeting of Council was held on May 25, 1981 at 7:30 p.m. with Mayor McDonough presiding. Members 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. Bewick requested that agenda item #14 “Council Voting Requirements” be moved to another meeting due to the lengthy agenda.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 11, 1981
By motion of Mr. Hardcastle, seconded by Mr. Carey, the Minutes of the Regular Council Meeting of May 11, 1981 were unanimously approved and bore the written approval of Mayor McDonough.
PROCLAMATION - B’NAI B’RITH DAY
Mr. Witt moved for approval of the Proclamation, seconded by Mr. Boaman and unanimously carried.
WHEREAS, B’nai B’rith is the world’s largest and oldest Jewish service organization; and
WHEREAS, B’nai B’rith has since 1843 rendered uninterrupted voluntary service to humanity throughout the world in educating the young, aiding the victims of war and disaster, supporting philanthropic institutions, promoting patriotic American citizenship, fighting bigotry and intolerance while furthering democracy and inter-group understanding; and
WHEREAS, B’nai B’rith’s 500,000 men, women and youth members daily exemplify the highest sense of voluntary service to their follow-man in this community, throughout the nation, and throughout the world; and
WHEREAS, B’nai B’rith extends its presence to this City with the chartering of the Rishon-First State Lodge which has made and will make a notable contribution to the development of this Community and the Nation;
NOW, THEREFORE, I, JOSEPH M. MCDONOUGH, MAYOR OF THE CITY OF DOVER, do hereby proclaim June 7, 1981 B’nai B’rith Day and do call upon the citizens of this City to join me in expressing congratulations, support, and best wishes for the growth, success, and accomplishment of the worthy deeds that have marked the life of this vital Order which has and will make a notable contribution to the development of this community and the Nation.
MONTHLY REPORTS
Chief of Police Report for the Month of April
The Chief of Police Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of April
The Building Inspector and Fire Marshal Report for the month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. Hardcastle.
City Alderman Report for the Month of April
The Alderman reported total fines for the month of April in the amount of $1,748.
By motion of Mr. Witt, seconded by Mr. Boaman, the City Alderman Report for the month of April was unanimously approved.
General Operating Fund, Cash Receipts Report for the Month of April
The General Operating Fund, Cash Receipts Report for the month of April was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
General Operating Fund, Budget Report for the Month of March
The General Operating Fund, Budget Report for the month of March was unanimously approved by motion of Mr. Boaman, seconded by Mr. Carey.
Water/Sewer Fund, Cash Receipts Report for the Month of April
The Water/Sewer Fund, Cash Receipts Report for the month of April was unanimously approved by motion of Mr. Boaman, seconded by Mr. Hardcastle.
Water/Sewer Fund, Budget Report for the Month of March
The Water/Sewer Fund, Budget Report for the month of March was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey.
Intergovernmental Service Fund, Revenue & Budget Report for the Month of March
The Intergovernmental Service Fund, Revenue and Budget Report for the month of march was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts for the Month of April
The Electric Revenue Fund, Cash Receipts Report for the month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of March
The Electric Revenue Fund, Budget Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report - March
The Electric Improvement and Extension Budget, Cash Receipts and Disbursements Report for the month of March was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
City Manager’s Report for the Month of April
The City Manager’s Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
J.P. COURT #7 REPORT - APRIL
A check was received from J.P. Court #7 for the month of April in the amount of $6,550.80.
By motion of Mr. Hardcastle, seconded by Mr. Carey, the J.P. Court #7 Report for the month of April was unanimously approved.
PUBLIC HEARING - ORDINANCE INITIATING PAVING, STORM DRAINAGE AND OTHER IMPROVEMENTS - LAKEVIEW DRIVE
A public hearing was duly advertised for this time and place to consider an ordinance that would direct the City Manager to proceed with paving, storm drainage and other improvements on Lakeview Drive. Mayor McDonough declared the hearing open.
Mr. Mogan explained that the concept of the project is to upgrade Lakeview Drive. The upgrading of the street was conceived through a petition of the residents and subsequent meetings that finalized preliminary engineering plans that met with the approval of property owners effected.
The improvements will include pavement 26' wide with a 2' bituminous concrete roll curb on each side. Improvements to drainage will involve one basin at Kings Highway, two basins near Mr. Stephenson’s property and one basin in the park area to service the drainage line. The project will be paid for on the basis of 1/3, 1/3 and 1/3. In explanation, Mr. Mogan stated that 1/3 will be paid for by each abutting property owner on both sides of the street and 1/3 to be funded by the City of Dover.
The estimated cost of the project to abutting property owners will be $13.73 per linear foot, with a total cost of approximately $27,800.
Mr. Rodney Hill, a property owner of the area, was present to ask if the starting cut of the existing grade on the street will be middle way, in order to get the center of the road lower than what the original layout indicated.
Mr. Mogan informed Mr. Hill that if this was the final agreement during the previous meeting with residents than this is what will be accomplished.
Noting that no one was present to speak for or against the improvement of Lakeview Drive and no correspondence, Mayor McDonough declared the hearing closed.
Mr. Bewick moved for adoption of the following ordinance that would authorize improvements on Lakeview Drive, seconded by Mr. Carey and carried by a unanimous roll call vote.
AN ORDINANCE AUTHORIZING THE IMPROVEMENT OF LAKEVIEW DRIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The City Manager is directed to proceed with the paving of Lakeview Drive and the installation of paving, storm drainage and other improvements on said street.
2. The City Manager shall cause to be entered in the Municipal Lien Docket a notation of all properties abutting the proposed project and the names of the owners thereof. This shall be considered notice of the proposed project to all property owners and subsequent purchasers that the abutting properties shall be assessed for the costs of paving and installation of the storm drainage and other improvements.
3. Within sixty (60) days after completion of construction of the above-mentioned improvements the Council shall determine actual costs of the installation and the share assessable against the abutting properties.
ADOPTED: MAY 25, 1981
PUBLIC HEARING - SEWER AND WATER RATE INCREASE
A public hearing was duly advertised for this time and place to consider the adoption of a sewer and water rate increase. Mayor McDonough declared the hearing open.
Mr. Mogan submitted the following proposed sewer and water rates as compared to the rate presently charged:
In City rates (per 1,000 gallons)
Water - Present 41¢ - Proposed 49¢
Sewer - Present 72¢ - Proposed 82¢
Out of City rates (per 1,000 gallons)
Water - Present 61¢ - Proposed 73¢
Sewer - Present $1.16 - Proposed $1.23
Mr. Benjamin Bowings of 198 Haman Drive reminded Council that last year the City paid consultants a substantial fee to arrive at a sewer and water rate that would carry the expense of that account. He stated that Council is now back again attempting to adjust the rates. Expressing his dissatisfaction to changing the rates in such a short period of time, Mr. Bowings suggested a rate that would fluctuate quarterly according to the expenses of the department.
Mr. Weyandt asked if proposed water and sewer rates would balance that account for 1981/82.
Mr. Mogan stated that he hoped that the proposed rates would stabilize the account for at least three years.
Mr. Weyandt moved that the water and sewer rates be approved as submitted, effective July 1, 1981. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote.
PUBLIC HEARING - ONE DAY PER WEEK TRASH PICKUP AND FEE - PROPOSED RECYCLING ORDINANCE
A public hearing was duly advertised for this time and place to consider one day per week trash pickup, the imposition of a trash pickup fee and to discuss a recycling program for adoption of a proposed recycling ordinance. Mayor McDonough declared the hearing open.
Mrs. Nancy Gardner of 213 N. State Street felt that her area of the Cit is fortunate in that they have alleys for trash pickup. She thought that the City is in a position to initiate a serious recycling program and morally it is imperative that this be accomplished. Mrs. Gardner suggested that a program of awareness be initiated for residents, feeling that most people do not realize the problems involved in disposing of such items as mattresses, old furniture, etc. She felt that this cost could be offset by increasing taxes. However, Mrs. Gardner felt that once week trash pickup will create a serious trash accumulation problem that must be controlled by the imposition of fines.
Mr. Mogan stated that the City’s concept of a once a week trash pickup incorporates recycling; said recycling to be controlled by an appropriate ordinance.
Mrs. Claudia Young of 648 Independence Boulevard, representing the League of Women Voters, related to the economic savings for the City and taxpayers by initiating a recycling program, pointing out the decreased landfill and hauling costs. Her presentation pointed out the revenues that could be generated from sale of recyclable materials, contributing to a longer landfill life.
The League recommended that Council pass an ordinance requiring separation of papers, metals and other recyclable materials. In addition, the League suggested a program to educate and publicize recycling for public support and periodically reviewing the trash collection fee structure to make sure it reflects the savings from recycling.
Mrs. Young informed Council of the League’s willingness to assist the City in establishing the aforementioned recommendations.
Mr. Kenneth Hogan of 208 Carnoustie Road stated that he perceived a trash fee and one day per week up. He felt that this would only be a temporary solution and recycling must be initiated. He suggested further studies that would utilize trash to solve ever-increasing electric producing fuel costs. In addition, select a committee of citizens and Council to immediately begin the process of developing a recycling program to take care of all related problems.
Mr. Mogan informed those present that the Solid Waste Authority has engaged an engineering firm that is presently studying the feasibility of trash fueled electric production.
Mr. Sandy Wingard of 412 Kings Highway, agreed with a recycling concept but did not feel that complexes such as English Village or apartments in the area, could live with one day per week trash collection.
Mr. Jerry Walters of 913 Woodcrest Drive thought that trash collection should be at no cost to the citizens. It was his opinion that a fee would promote illegal trash dumping throughout the area. He stated his willingness to pay additional taxes that would be deductible on the federal level. Mr. Walters suggested two pickups per week; one being for recyclable materials and one for garbage. He did not feel that a fine system would work.
Mr. Rodney Hill of 801 East Loockerman Street was present to question the concept of the collection of recyclable materials.
Mr. Frank DiMondi of Box 254C Dover, Delaware, questioned the trash pickup fee schedule on one or two day trash pickups for commercial establishments.
Questioned by Mr. Weyandt, Mr. DiMondi stated that his firm had no objections to the City mandating that commercial establishments seek private service for collection. Presently, one of his commercial establishments within the City receives a trash pickup service but is required to engage private collectors due to the amount of trash generated.
Mr. Jerry Shields of 328 N. Bradford Street felt that the City is attempting to initiate a recycling program without a public awareness campaign. He stated that this creates a stigma that will be detrimental to the success of any recycling program. He suggested public educational methods that would encourage citizens’ participation, emphasizing that recycling will promote savings for citizens and the City of Dover.
Questioned by Mr. Benjamin Bowings of 198 Haman Drive, Mr. Mogan stated that there would be no limit on residential trash generation, but that any commercial establishment will be charged a specific rate.
Mr. Bowings intimated that it would be better for him to carry trash generated by his small business to his home for pickup. He also thought that something special should be done for apartment complexes citing the problems that have existed at Wedgewood. He did not feel that this type of complex would cooperate with recycling.
Mr. Edward Rezac of 156 Blue Beech Drive reflected no objections to a trash pickup fee and his affirmative feeling towards recycling. As an incentive, Mr. Rezac suggested a tax refund at the end of the year based on recyclable materials collected from each residence. He stated his objection to a trash collection once a week, feeling that he could not survive as a parent of a large family.
Mr. Leslie Riggin of English Village was concerned with a fee in the form of taxes, not effecting tax exempt institutions such as federal and state buildings, hospitals and churches. He felt that if a fee is initiated, it should also effect tax exempt institutions.
Mr. Mogan stated that if this concept was adopted, tax exempt properties such as churches, schools and county buildings would come under the commercial rate.
As requested by Mr. Bewick, Mr. Mogan stated that one day per week trash pickup for residences would be $50 per year and $120 per year for commercial accounts. Two day per week trash pickup would cost $66 for residences and $176 for commercial. Using national averages, Mr. Mogan stated that by recycling the total tonnage would be reduced by 20% with an estimated savings of plus $20,000. He emphasized that these figures are strictly estimations.
Mr. James Yerger of 12 Lakeview Drive questioned the reduction in labor force due to one day per week pickup with the additional bulk of trash that will accumulate between collections and whether this reduced force will be sufficient to handle the recycling aspect.
Mr. Mogan stated that this will be accomplished through improved efficiency of the reduced labor force.
A discussion followed on the question of whether this public hearing will be continued due to questions by citizens who have been further advised on the proposed rate structure of trash pickup and proposed provisions of the recycling ordinance.
Mr. Bewick stated that he would plan a Utility Committee meeting prior to the June 8th Council Meeting in an attempt to resolve any question that will motivate a final decision on the entire trash pickup program. However, he advised that it would probably by July before finalization and adoption of the recycling ordinance.
Mrs. Darlene Guidry of 466 Fiddlers Green was concerned with only one day per week pickup during the summer months. As a suggestion for additional revenue, she submitted that a fee should be charged for special pickups.
Mr. Arthur Robidoux of 184 Orchard Avenue was present to question the feasibility of a one day per week pickup, stating that the additional fee for pickup twice per week would accomplish the same results.
Mr. Jerald Goodman of 44 South Governors Avenue felt that it is outrageous that the Solid Waste Authority, in charging tipping fees, could force a municipality to levy fees. Conducting his own experiment on trash generated by his family of three, he felt that the fee should vary according to trash collected from residents.
Mr. Goodman pointed out that businesses can deduct a trash collection fee as part of expenses but residents cannot. He requested that trash collection come in the form of a tax to allow private citizens a deduction.
Mayor McDonough declared the hearing closed, reminding those present that the public hearing would be continued.
Mr. Weyandt stated that he has presented a proposal to committee members and Councilmen that would initiate free trash collection for residential and result in savings in the proposed budget for 1981/82.
For fiscal year 1980/81, Mr. Weyandt stated that trash collection costs the City $415,000, as it now exists. He proposed that an outside contractor be engaged at a cost of $335,000, involving once a week pickup for all residential. This would have been a savings of $80,000 in 1980/81 and will amount to a savings of $154,330 for fiscal year 1981/82. All commercial establishments, including tax exempt, under his proposal, would use outside contractors. The proposal would not only retain free trash pickup for residential on a once a week basis but would save on additional capital outlay for equipment in the Trash Department.
Mr. Witt moved that the public hearing be continued at the June 8, 1981 Regular Council meeting, seconded by Mr. Hardcastle and unanimously carried.
PUBLIC HEARING - PARKING RESTRICTIONS - SOUTH STATE STREET - KENT GENERAL HOSPITAL
A public hearing was duly advertised for this time and place to consider an ordinance that would restrict parking on the east side of South State Street, from Sackarackin Avenue to the north entrance to Holy Cross, except on Saturdays and Sundays and would restrict parking on the west side of South State Street, from Hope Street to J. Allen Frear’s driveway. Mayor McDonough declared the hearing open.
Mr. Dennis Klima, affiliated with Kent General Hospital, felt that the parking problem around that facility encompasses two major issues; one of safety and the other of aesthetics. Consideration must be given to the safety of children crossing South State Street and vehicular traffic, to include the safety of ambulances entering or exiting the hospital. He felt that visitors should be allowed to park in front of the hospital, in close proximity to those they are visiting. He stated that the ordinance would create more parking in front of private residences.
Mr. Klima appealed to Council for the elimination of parking from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday through Friday. He stated that another alternative is the elimination of one or two parking spaces around the entrances to the church and the hospital. Finally, Mr. Klima stated that the parking problem should be considered through joint master planning with the church and the hospital and in close conjunction with the City of Dover. He urged Council to disapprove the ordinance and consider the alternatives.
Mr. Weyandt stated that it is the responsibility of the hospital to furnish adequate parking as any other facility in the City would be required to do. Citing the plans for additional clinics, Mr. Weyandt did not feel that the hospital has properly planned or utilized parking areas available.
Questioned by Mayor McDonough, Chief Klenoski stated that over a ten month period, 14 non-casualty accidents have occurred.
Mr. Boaman stated his support for the alternatives presented by Mr. Klima, noting that the most critical traffic periods are from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m. in the afternoon.
Mr. Witt envisioned the problem not with parking on the east side but parking on the west side, which causes traffic backups due to left turns into Holy Cross.
Citing the alternatives as mentioned by Mr. Klima, Mr. Boaman stated that adoption of the ordinance restricting parking on both sides of State Street would alleviate the chance to try prohibitive parking in the mornings and in the afternoons.
Reverend Paul Jennings of Holy Cross wished to go on record as supporting the hospital’s parking alternatives if something could be worked out that does not totally eliminate parking on South State Street, as outlined in the ordinance. He advised Council that there is some problems with buses leaving the Holy Cross exits in the afternoon due to the close proximity of Hope Street intersection.
Mr. Terry Feinour, Director of Support Services and Information Systems of Kent General Hospital, alluded to the fact that five private entrances on the north side and six on the south side will be effected if parking is restricted in front of the hospital, not to mention those in the vicinity of Sackarackin Avenue.
Mr. Weyandt reminded Mr. Feinour that private residential entrances would generate very little activity during the course of a day and disagreed with the comparison as presented.
Mr. John Jardine, a director of the hospital, stated that the Board is concerned about their relationship with the City Council and are endeavoring to put a definite emphasis on alleviating inadequate parking facilities.
Mayor McDonough declared the hearing closed.
Questioned by Mr. Bewick, Chief Klenoski stated that his department originally recommended no parking from 7:00 a.m. to 3:30 p.m., feeling that 12:00 noon is also a peak traffic period. Originally, this incorporated parking on one side only. The department went along with no parking on both sides when presented by Councilman Weyandt. Further research of his records indicate that 14 accidents occurred during a 21 month period between January 1979 and September 1980 with no pedestrians involved. Professionally, he did not feel that the statistics indicated changing anything around the hospital at this time.
Mr. Weyandt moved that the issue be dropped at this time and he would bring it up on the floor again when someone becomes a traffic fatality. The motion was seconded by Mr. Richter and carried with Mr. Witt voting no.
PUBLIC HEARING - REMOVAL OF LOADING ZONE - LOOCKERMAN STREET - IN FRONT OF MORT’S COUNTRY STORE AND KOHN’S MENS WEAR STORE AND THAT PORTION EAST OF THE STATE STREET ALLEY
A public hearing was duly advertised for this time and place to consider the removal of the loading zone on Loockerman Street, in front of Mort’s Country Store and Kohn’s Mens Wear Store and that portion east of the State Street alley, initiating two hour parking. Mayor McDonough declared the hearing open.
There was no one present to speak for or against the removal of the loading zone and no correspondence.
Mayor McDonough declared the hearing closed.
A discussion followed with Mr. Boaman advising Council that the loading zone in question is not utilized to a great extent. The downtown merchants have contacted UPS, a service most utilized on Loockerman Street, who voiced no objections to the deletion of the loading zone.
Mr. Hardcastle moved for adoption of the ordinance deleting the loading zones, seconded by Mr. Boaman and carried by a unanimous roll call vote.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Dover Municipal Code is hereby amended by deleting and removing the loading zones on the north side of Loockerman Street from 50 feet east of the centerline of State Street Alley westerly for 100 feet and these spaces shall revert to normal parking spaces and shall be subject to the same rules, regulations and ordinances concerning other parking spaces on Loockerman Street.
2. This ordinance shall be effective upon the removal and/or erection of appropriate signs.
ADOPTED: MAY 25, 1981
UTILITY COMMITTEE REPORT
The Utility Committee met on July 18, 1981 at 7:30 p.m with Chairman Bewick presiding.
Storer Communications - Dispatch Arrangements for Complaint Calls
Mr. Bill Malone, Assistant Manager, of Storer Communications, requested a change in posture regarding the company’s present dispatch arrangements at the office. The company presently maintains a 24 hour dispatch service. Mr. Malone proposed to do away with the midnight to 8:00 a.m. shift of the present operation, aligning current shifts to cover the hours of 7:00 a.m. to 4:00 p.m. and 4:00 p.m. to 11:00 p.m. Mr. Malone proposed that a local answering service fill in the time slot from 11:00 p.m. to 7:00 a.m. during which time the dispatch would be closed.
The committee recommended that the request regarding the dispatch arrangements be granted for a trial period of six months, stipulating that a report on the number of calls between the hours of 11:00 p.m. and 7:00 a.m. be included with the current report now being submitted by the company.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Electric Department - Projected Budget - 1981/82
The committee conducted an in-depth study of all proposed budget items for the Electric Department during fiscal year 1981/82 and recommended that the present electric rates not be adjusted with Mr. Mogan modifying the budget reflecting a zero deficit and no reduction in the General Fund contribution.
Mr. Witt moved for approval of the Utility Committee Report, as submitted, seconded by Mr. Hardcastle and unanimously carried.
RICHARDSON TRACT - PUBLIC HEARING DATE CHANGE
Per request of Mr. Roe, and approval by Mayor and Council, it was recommended that the public hearing to rezone the Richardson Tract be cancelled for June 10, 1981 and reinstated for June 17, 1981.
Mayor McDonough reminded those present that this would be the only public hearing to be held on the rezoning and no extension of the public hearing will be granted regardless of Council’s decision at that time.
Mr. Hardcastle moved that the public hearing for the Richardson Tract be held on June 17, 1981 as a Special Council Meeting, seconded by Mr. Carey and unanimously carried.
APPOINTMENT - LIBRARY COMMISSION
Mayor McDonough advised Council of his conversations with Mr. McDaniel, present member of the Library Commission, who declined to accept another term due to outside commitments. He presented the name of Mr. Richard Scrafford of Woodcrest as an appointment for a five year term.
Mr. Bewick moved for approval of Mr. Richard Scrafford, seconded by Mr. Boaman and unanimously carried.
SPECIAL BANK ACCOUNT - PENSION FUNDS
Mr. Mogan requested authorization to open a special bank account for pension funds to expedite handling and to ensure that they are not commingled with other funds.
At present, the money is listed as a special item in the General Fund.
Mr. Boaman moved for approval of the authorization, seconded by Mr. Hardcastle and unanimously carried.
CORRESPONDENCE
Annexation Request - 100 Nixon Lane
A letter was received from Mr. Glendon McDowell, requesting that his property, located at 100 Nixon Lane, be annexed into the City.
Mr. Witt moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 25, 1981, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
June 1, 1981
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