REGULAR MEETING

February 9, 1981

The Regular Meeting of Council was held on February 9, 1981 at 7:30 p.m. with Mayor McDonough presiding. Those 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 OR DELETIONS

Mr. Richter requested an additional agenda item to discuss fines for unattended dogs.

Mr. Witt requested an additional agenda item, under the Legislative and Finance Committee Report (Charter Changes) dealing with the Mayor’s power to break a tie vote.

Mayor McDonough requested that item #6 on the agenda be deleted and that a new public hearing date be set. Mr. Witt moved to set a public hearing for March 9, 1981 at 7:45 p.m. to consider reverting the zoning of property located on the Leipsic Road, now owned by Richard Parsons and Richard Headley. The motion was seconded by Mr. Hardcastle and unanimously carried.

Mayor McDonough requested an additional agenda item to discuss the proper wording of the ballot for the library referendum.

LIBRARY REFERENDUM - WORDING OF BALLOT

In order to prepare absentee ballots for the upcoming referendum, Mayor McDonough requested a motion as to how Council would like the wording on the ballot for the question of possible library expansion. Mayor McDonough reminded Council that there was some question as to whether the wording should include the fact that expansion of the library could cause property taxes to increase.

Mr. Boaman informed Council that the Library Commission is in favor of wording the ballot, as follows: “Do you favor expansion of the City of Dover Library at a cost not to exceed $900,000?” It is their feeling that there is adequate time for the news media to publicize any possible tax rate increase and did not feel that this should be made a part of the ballot wording.

Since there is some question as to what effect this expenditure would have on the tax rate, Mr. Weyandt suggested that the balloted contain words to the effect that the expansion would be paid for by increased taxes. It was his feeling that the property owners should be aware that this expansion will be paid for by increased taxes and not by any federal funding or from any other sources.

Mr. Hardcastle and Mr. Carson reiterated Mr. Weyandt’s opinion that the voters should be aware, at the time they vote, that approval of the bond referendum will result in an increase in property taxes.

Mr. Weyandt moved that the wording for the library bond referendum be worded, as follows: “Do you favor expansion of the City of Dover Library at a cost not to exceed $900,000, to be paid for by increased property taxes?” The motion was seconded by Mr. Carson and carried with Mr. Boaman voting no.

MINUTES

The Minutes of the Regular Council Meeting of January 26, 1981 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Weyandt and bore the written approval of Mayor McDonough.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on January 28, 1981 with Chairman Witt presiding.

Ambulance Report

Based on an in-depth study by Mr. Weyandt and Mrs. Hettinger, it was the committee’s recommendation that the City Manager contact Delaware State College, Playtex, General Metalcraft, Wesley College and Blue Cross/Blue Shield for specific appointments to discuss related unpaid accounts. It was the committee’s feeling that many of these unpaid accounts can be settled by contact with the above various organizations.

Proposed Charter Revisions

     Section 1A -    (extension of annexation referendum polling times to coincide with municipal election polling times)

It was the committee’s recommendation that the polling times for annexation referendums be from 11:00 a.m. to 8:00 p.m. to conform with election polling times.

Mr. Witt moved to authorize the City Solicitor to draw up the necessary papers for this change. The motion was seconded by Mr. Weyandt and unanimously carried.

     Section 5 -       (residency requirement and age for Mayor and Council)

It was the recommendation of the committee that this matter be referred to the City Solicitor for his review and recommendation.

     Section 19 -     (prevention of the spreading of infectious or contagious diseases)

The committee recommended that the City Solicitor study this section for his opinion on the City’s jurisdiction or power to regulate an area within one mile from the City limits, as stated in the Charter.

     Section 20 -     (condemnation - fire hazards)

The committee recommended that the word “or” be added to a sentence in this paragraph, as follows: “The Council shall have power to condemn any building or structure or portion thereof that it deems or constitutes a fire menace. . .”

Mr. Witt moved to authorize the City Solicitor to draw up the necessary papers for this change, seconded by Mr. Weyandt and carried.

     Section 45 -     (report showing all details of payrolls, bills, etc.)

It was the committee’s recommendation that the City Solicitor study this section to conform with present day method of bookkeeping and reporting.

     Section 47 -     (head tax)

     The committee recommended that this section be referred to the City Solicitor for revision.

     Section 48 -     (residency requirement, 21 years of age and weighted voting)

     The committee recommended that this section be referred to the City Solicitor for his review.

     Section 49 -     (poll assessment)

Mr. Witt explained the present policy of charging 1% per month for delinquent taxes. The committee expressed interest in raising this charge to 2%; therefore, recommended that the City Solicitor review this and give an opinion on the constitutionality of increasing the percentage for delinquent taxes from 1% to 2%.

Mr. Hardcastle expressed concern over increasing a delinquency charge for those persons having financial difficulties when endeavoring to pay taxes, causing delinquency in the first place.

Mr. Weyandt explained that the present delinquency charge is so low that it may encourage some large taxpayers to hold off on paying taxes so that they can draw larger interest rates on their money.

Mr. Weyandt explained that the present delinquency charge is so low that it may encourage some large taxpayers to hold off on paying taxes so that they can draw larger interest rates on their money.

     Section 50 -     (voting requirements & City’s payback of bonds and borrowing)

The committee recommended that this matter be referred to the City Solicitor for his review and opinion.

            Paragraph 5 -  (tax books at polls - weighted voting)

            Committee recommended referral to the City Solicitor.

            Paragraph 6 -  (tally sheets - weighted voting)

            Committee recommended referral to the City Solicitor.

     Section 52 -     (Acting Alderman)

Since the Charter has a provision for a Deputy Alderman, it was the committee’s recommendation that the appointment of an Acting Alderman in the Alderman’s absence be changed to read that the Deputy Alderman will perform the duties of the Alderman in his absence.

Mr. Witt moved that the Solicitor draw up the necessary papers to incorporate this change to read that the Deputy Alderman will perform the duties of the Alderman in his absence. The motion was seconded by Mr. Weyandt and unanimously carried.

     Section 55, 56 & 57 -        (debts owed to the Town of Dover)

The committee recommended that the City Solicitor review these sections and submit an opinion on whether they are now necessary.

     Tie Vote for Mayor

Mr. Witt alluded to Council action, approximately four years ago, removing mayoral power of breaking a tie vote. It was his feeling that this power should be re-established, allowing the Mayor to vote in the case of a Council tie vote.

Mr. Bewick expressed opposition to the change, feeling that a Mayor should not have tie breaking power in addition to veto power.

Mr. Witt moved that the City Solicitor be directed to rewrite that section of the Charter which would state that in the event of a tie vote of Council, the Mayor will be given the opportunity to break the tie. The motion was seconded by Mr. Boaman.

     The motion failed by a vote of six (6) no, two (2) yes (Mr. Witt and Mr. Boaman).

By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously approved the Legislative and Finance Committee Report as submitted.

LEGISLATIVE AND FINANCE EXECUTIVE SESSION MINUTES

It was the recommendation of the committee that $315 be paid to the firm of William Manter for additional information requested on the 1979/80 audit.

Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.

By motion of Mr. Weyandt, seconded by Mr. Witt, Council unanimously approved the Minutes of the Legislative and Finance Committee executive session, as submitted.

PUBLIC HEARING - REFUSE DEPOSITS - PROHIBITED BY NON-RESIDENTS

A public hearing was duly advertised for this time and place to consider adoption of an ordinance that would prohibit refuse deposits by non-residents.

There was no one present to speak for or against the proposed ordinance.

Mayor McDonough declared the hearing closed.

By a unanimous roll call vote, the following ordinance was adopted by motion of Mr. Weyandt, seconded by Mr. Hardcastle.

BE IT ORDAINED BY THE MAYOR OF THE CITY OF DOVER, IN COUNCIL MET:

The Dover Municipal Code is hereby amended by adding the following two new sections:

The Dover Municipal Code is hereby amended by adding the following two new sections:

“Sec. 26-14. REFUSE DEPOSITS PROHIBITED BY NON-RESIDENTS.

It shall be unlawful and a nuisance for any non-resident of the City of Dover to deposit, place or abandon any advertising material, paper, rubbish, refuse, garbage, grass clippings, brush, etc. or other offensive matter within the limits of the City of Dover for trash collection by the City or otherwise.

Sec. 26-15. PENALTIES.

Any person convicted of violating any provisions of this Chapter shall be fined in an amount not in excess of $100.00, nor less than $5.00 for each deposit of rubbish, refuse or other offensive matter in the corporate limits of the City of Dover, he shall be directed to remove the same and in the event of his failure to do so, the offensive matter shall be removed by the City at the expense of the violator.”

ADOPTED FEBRUARY 9, 1981

PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT

The Parks, Playgrounds and Trees Committee met on February 2, 1981 with Chairman Hardcastle presiding.

Report on Recreational Program Participation after Increase in Fee Structure

Mr. Knox submitted a financial report to the committee, depicting the number of participants in gym related recreational functions and other programs, encompassing a period of time from December 1979 to January 1981. The report was initiated to determine what effect the increase of fees would have on participation in the various programs.

Mr. Hardcastle informed Council that no action was taken by the committee since this was just an informational report requested by the committee.

County-wide Swimming Pool

Mr. Hardcastle explained that Mr. Knox attended a meeting to discuss the feasibility of a county-wide swimming pool. No action was taken by the committee as discussions are still taking place on the feasibility of such a project.

Trees Damaging Sidewalk - Helen Hunter - 212 North New Street

The committee considered a request by Helen Hunter of 212 North New Street to remove a City tree, located in front of her home, as the tree roots are causing damage to her sidewalk.

It was the committee’s recommendation that no action be taken until after the City Manager has had an opportunity to compile a complete report for the committee’s review.

By motion of Mr. Hardcastle, seconded by Mr. Carey, Council unanimously approved the Parks, Playgrounds and Trees Committee Report as submitted.

SAFETY ADVISORY COMMITTEE REPORT

The Safety Advisory Committee met on February 2, 1981 with Chairman Hardcastle presiding.

Speeding & Hazards - N. Governors Avenue - Between Clara and Ross Streets

Residents and property owners from the North Governors Avenue area addressed the committee on traffic hazards observed on North Governors Avenue, between Clara and Ross Streets.

Since this is a stare maintained road, it was the committee’s recommendation that the City Manager contact officials of the State Highway Department, giving details of the meeting and the resident’s concerns, suggesting recommended design to assist in alleviating the present traffic hazards on North Governors Avenue.

Elimination of Parking - South State Street in Front of Kent General Hospital

Due to observation of traffic tie-ups on South State Street, the committee considered a request to eliminate parking on the east and west side of South State Street, thereby allowing more room for traffic to move.

Mr. James Reber, Associate Executive Director of Kent General Hospital, was present at the committee meeting, stating that the hospital is presently embarking on a study which would incorporate additional parking.

The committee delayed action on this matter, pending a report from the hospital administrative staff and the possibility of creating a through lane on the east side of South State Street for Holy Cross that would incorporate redesign of the exits and entrances. The committee requested that Mr. Reber contact the City Manager immediately upon finalizing his report on future plans for parking and steps to control possible employee parking in these spaces.

Elimination of Loading Zones - Loockerman Street

The committee considered a request from several downtown merchants to eliminate two loading zone spaces in front of Nationwide Insurance and two zones in front of Kohns Men’s Wear Store.

The committee made no recommendation on the matter as no one was present to represent the downtown merchants.

Mr. Boaman requested that Council take action on the matter since the merchants have made their desires known by way of a petition.

Mr. Weyandt moved that an ordinance be drawn to eliminate the two loading zones in front of Nationwide Insurance and the two loading zones in front of Kohns Men’s Wear Store, located on Loockerman Street, and that a public hearing be set for February 23, 1981 at 7:45 p.m. to consider adoption of same.

Two Hour Parking - Queen and New Streets - North of Loockerman Street to Reed Street

Mr. Franklin Loper of 111 S. New Street addressed the committee requesting that the two hour parking on Queen and New Streets, north of Loockerman Street to Reed Street, be eliminated. It was Mr. Loper’s feeling that these spaces are not utilized by downtown shoppers and are badly needed for his tenants, as there is no alley in the immediate vicinity.

It was the committee’s recommendation that two hour parking restrictions on New and Queen Streets, between Loockerman and Reed Streets, be removed.

By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council directed that a public hearing be set for February 23, 1981 at 7:45 p.m. to consider removal of the two hour parking restrictions on New and Queen Streets, between Loockerman and Reed Streets.

Bike Paths

Stemming from a request of a resident of East Lake Gardens to construct a bike path from East Lake Gardens to the recreation area of Silver Lake, Mr. Mogan reported a telephone call from the Department of Transportation advising him that the State is out of funds for this particular type of program. However, Mr. Mogan was assured by personnel in the department that bike paths would be included on the calendar for future planning.

It was the committee’s recommendation that this matter be removed from the agenda until further word is received from the State.

Mr. Weyandt suggested that the City Manager write a letter to Mr. Lewis of East Lake Gardens informing him of actions taken by the City.

By motion of Mr. Hardcastle, seconded by Mr. Carey, the Parks, Playgrounds and Trees Committee Report was approved as submitted.

SET PUBLIC HEARING - CONDEMNATION OF KENT APARTMENTS

Mr. Witt moved that a public hearing be set for February 23, 1981 at 7:45 p.m. to hear appeals on the condemnation of Kent Apartments, located at 20 South New Street. The motion was seconded by Mr. Carey and unanimously carried.

Mr. Roe stated that he will be showing several slides of Kent Apartments during the public hearing for Council viewing.

Mr. Richter and Mr. Witt requested that Mr. Roe contact the property owner to obtain permission for Council to tour the building.

ANNUAL REPORT

Inspections and Planner - Annual Report

By motion of Mr. Hardcastle, seconded by Mr. Boaman, Council unanimously accepted the Annual Report of Inspections and Planning and complimented Mr. Roe on the contents of the report.

Police Department - Annual Report

Mr. Weyandt commented on the amount of stolen property recovered by the Police Department and complimented Council on enacting an ordinance on precious metal which assisted the police in recovering stolen property.

In response to a question by Mr. Witt, Chief Klenoski stated that an error was made on page two, showing administrative costs at 9%. (It was later noted that this figure should read 2.5%.)

Mr. Witt also expressed his disappointment in the absence of the personnel section from this year’s report. He felt that years of service, sick time, vacation, etc. of the police officers is of importance to Council.

Chief Klenoski stated that he felt that statistics of this type are of a personal nature, but offered to make this information available to any Councilman requesting same.

Mayor McDonough stated that personal information is inadequate unless the information is available to Council on all City employees, showing a total picture rather than from only one department.

Mr. Weyandt moved for acceptance of the Annual Report of the Police Department. The motion was seconded by Mr. Carey and unanimously carried.

Fire Chief - Annual Report

In reviewing the recommendation of the Fire Chief in the 1980 Annual Report, Chief Boyer explained a need to replace all 1½” hose with 1 3/4" hose, with 1½” couplings. Replacement nozzles would also be needed to operate with the 1 3/4 “ hose.

Chief Boyer also expressed the need to replace the present Cairns Senator Helmets which are now being utilized and have been outlawed by OSHA. It is the Chief’s recommendation that 25 of the present helmets be replaced per year with an OSHA approved helmet, costing approximately $65 each.

By motion of Mr. Weyandt, seconded by Mr. Boaman, the Annual Report of the Fire Chief was unanimously accepted.

FINES - UNATTENDED DOGS

Mr. Richter moved that fines for unattended dogs for repeated offenses be reviewed by the Legislative and Finance Committee for consideration of raising the fine for repeat offenders. The motion was seconded by Mr. Bewick and unanimously carried.

EXECUTIVE SESSION

Mr. Witt moved to adjourn into executive session to discuss potential litigation. The motion was seconded by Mr. Bewick and unanimously carried.

Meeting Adjourned at 8:45 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of February 9, 1981, are hereby approved.

JOSEPH M. MCDONOUGH

                                                                        MAYOR

February 16, 1981

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