REGULAR MEETING
The Regular Meeting of Council was held on November 24, 1980 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.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 10, 1980
The Minutes of the Regular Council Meeting of November 10, 1980 were unanimously approved by motion of Mr. Witt, seconded by Mr. Carey and bore the written approval of Mayor McDonough.
MONTHLY REPORTS
Chief of Police Report for the Month of October
The Chief of Police Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Building Inspector and Fire Marshal Report for the Month of October
The Building Inspector and Fire Marshal Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carson.
City Alderman Report for the Month of October
The City Alderman Report for the month of October was unanimously approved by motion of Mr. Witt, seconded by Mr. Carson.
General Operating Fund, Cash Receipts Report for the Month of October
The General Operating Fund, Cash Receipts Report for the month of October was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of September
Mr. Richter referred to the proposed budget review as outlined during the budget discussions prior to adoption.
Mr. Witt and Mr. Bewick felt that a special meeting of Council should be held for the budget review. In addition, the City Manager will submit a quarterly variance report.
Mr. Witt moved for approval of the General Operating Fund, Budget Report for the month of September with two exceptions; that a special meeting of Council to be held sometime early in February and that the City Manager furnish a variance report of the various departments for the first quarter. The motion was seconded by Mr. Carson and unanimously carried.
Water/Sewer Fund, Cash Receipts Report for the Month of October
The Water/Sewer Fund, Cash Receipts Report for the month of October was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Water/Sewer Fund, Budget Report for the Month of September
The Water/Sewer Fund, Budget Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey, stipulating that a variance report be submitted as in the motion of the General Fund, Budget Report for the month of September.
Intergovernmental Service Fund, Cash Receipts & Disbursements Report - September
The Intergovernmental Service Fund, Cash Receipts & Disbursements Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carson.
Electric Revenue Fund, Cash Receipts Report for the Month of October
The Electric Revenue Fund, Cash Receipts Report for the month of October was unanimously approved by motion of Mr. Mogan, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of September
The Electric Revenue Fund, Budget Report for the month of September was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
Electric Improvement & Extension Fund, Cash Receipts & Disbursements Report - September
The Electric Improvements & Extension Fund, Cash Receipts & Disbursements Report for the month of September was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
City Manager’s Report for the Month of October
Questioned by Mr. Weyandt, Mr. Mogan stated that fuel bids for the generation of power will be requested by public advertisement in preparation for the January 20th anniversary of the existing contract.
The City Manager’s Report for the month of October was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey.
J.P. COURT #7 REPORT FOR THE MONTH OF OCTOBER
A check was received for the month of October from J.P. Court #7 in the amount of $8,807.90.
Mr. Witt moved for approval of the J.P. Court #7 report for the month of October, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
Municipal Parking Lot - Two Hour and Permit Parking
Chairman Witt advised Council that the committee, by a two (2) to one (1) vote, recommended a $10 per month fee for non-resident users of the municipal parking lot and a $5 per month fee for resident users, stipulating that the permits would be non-transferable utilizing 115 spaces for permit parking and 84 spaces for two hour parking. The committee’s recommendation provided an adjustment in the number of permit parking spaces and two hour parking spaces according to usage.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt.
Questioned by Mr. Hardcastle, Mr. Weyandt stated that the committee recommended a lesser fee for residents of the City since a portion of their taxes is applicable for maintenance of same.
Mr. Boaman objected to the differential in a users fee, stating that he knew of no other community that applies two different fees for parking. In addition, it was his opinion that the fee should be set at a level that would recoup the cost of maintenance and derive no profit for the City.
Mr. Witt stated that the cost figures submitted by Mr. Mogan to maintain the municipal parking lot did not take into consideration the amortization of the initial cost to the City to acquire the land.
Mr. Richter moved to amend Mr. Witt’s motion to accept the recommendation of the committee, stipulating that the fee be set at $5.00 for all users of the municipal lot for permit parking. The motion was seconded by Mr. Boaman.
Mr. Witt moved to amend the amendment to read “$7.50 for all users of the municipal lot”. The amendment to the amendment failed for lack of a second.
Mr. Witt called for the question, seconded by Mr. Weyandt.
On a roll call vote of five (5) yes, three (3) no (Mr. Bewick, Mr. Weyandt and Mr. Witt) the permit parking fee for the municipal lot, east of City Hall, was set at $5.00 for all users.
It was generally agreed by members of Council that the permit parking fee and two hour parking would be effective as of January 1, 1981 and initiated on a 30 day renewal basis. The following ordinance was adopted.
BE IT ORDAINED by the Mayor and Council of the City of Dover, in Council met:
1. Ordinance of December 10, 1979, pertaining to the regulation of the municipal parking lot east of City Hall and fronting on East Loockerman Street is hereby repealed in its entirety.
2. The Dover Municipal Code, §31-110, shall be amended as follows:
The parking area located immediately east of City Hall and fronting on W. Loockerman Street shall be included as one of the areas covered by the requirements of City Ordinance §31-110. Further, in those portions of this lot, as designated by the City with the erection of signs giving notice thereof, no person shall park a vehicle for more than two hours during the period of 8:00 a.m. to 6:00 p.m. each day except Sundays and holidays. Further, in the remaining portions of this lot, as designated by the City with the erection of signs giving notice thereof, said lots shall be utilized as all day parking lots from the hours of 8:00 a.m. to 6:00 p.m. every day except Sundays and holidays by permit of the City of Dover. Said permits shall be obtained from the City of Dover for such cost as determined by the City Manager.
3. The penalty for violating these parking restrictions shall include $5.00 and any and all other penalties applicable to a violation of ordinance §31-110.
ADOPTED: NOVEMBER 24, 1980
Ordinance Restricting Peddlers in Commercial Areas
The committee reviewed and discussed an ordinance that would prohibit peddlers from any commercial zone, specifically the downtown area and shopping malls and recommended that a public hearing be held on December 8, 1980 at 7:45 p.m. The ordinance would not restrict peddlers from any zone that is not zoned commercial.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Proposed Library Expansion and Capital Requests
Referring to the list of capital requests submitted by the City Manager, Chairman Witt advised Council that the committee requested that Mr. Mogan pursue financing of the fire ladder truck on a lease/purchase basis and expansion of the library financing through local banks in preparation for a report to Council on December 8th. The remainder of the items on the capital requests will be brought before a full Council workshop session for detailed information and discussion.
Mr. Gary Patterson will contact the City Clerk to formulate the language to be used on the referendum ballot for the library expansion.
Questioned by Mr. Boaman, Mr. Witt felt that the date of the referendum could be set during the Regular Council Meeting of December 8th.
Block Grants Update
Mayor McDonough informed Mr. Witt that representatives of the State who work with block grants were disturbed because they were not included in the meeting of the Legislative and Finance Committee held on November 19th. Referring to the committee’s recommendation that the block grant application be delayed until such time as President-elect Reagan’s administration is in office, it was his opinion that the City should file at least a letter of intent to apply for a block grant.
Mr. Witt stated that the pre-application must be filed by January 26, 1981.
Mr. Hardcastle stated his opinion that the City should further pursue a block grant and moved that the matter be referred back to the Legislative and Finance Committee. In addition, he moved that the City Manager’s Office be authorized to submit a letter of intent to apply for the block grant during the month of December. The motion was seconded by Mr. Witt and unanimously carried.
Requirement for City Employees to Reside Within the City Limits
Mr. Witt advised members of Council that the matter of a requirement for City employees to reside within the City limits was referred back to Council for discussion with no recommendation from the committee due to a difference in opinion in certain requirements expressed by members.
Expressing an opinion that this matter requires a decision by Council, Mr. Weyandt moved to submit the requirement for City employees to reside within the City limits as a binding referendum item with the library expansion item, using the wording of the referendum held by the City of Wilmington. The motion was seconded by Mr. Bewick.
Mr. Witt stated that an employer could control the employment environment of an employee but should not attempt to control the family environment. The 30 to 50% of employees of the City of Dover who choose to live outside the corporate limits do so because of personal or economic reasons. It was Mr. Witt’s opinion that an employee of the City of Dover, earning $3.35 per hour, could only afford substandard housing within the City limits. The proposed requirement would be placing some of the employees in this category.
Mr. Weyandt stated that an employee should live as close to his work as possible in case of an emergency. He felt that employees residing in the City would have more pride in the maintenance of the City and probably cooperate much better in all areas. Considering the approximate 8% unemployment in the City and the population of 27,000, Mr. Weyandt stated that he could not believe that the required 348 employees could not be found within the corporate limits. He reminded those present that the matter would be decided by the residents through a referendum and not by Council members.
Mr. Weyandt called for the question, seconded by Mr. Richter.
By a vote of six (6) no, two (2) yes (Mr. Weyandt and Mr. Bewick), the motion for a referendum that would require City employees to reside within the corporate limits was defeated.
Bids - Sewer Cleaner
Mr. Mogan advised the Legislative and Finance Committee that bids have been received to purchase a hydraulic sewer cleaning machine with a low bid of $56,250 submitted. The machine would be purchased with 75% federal and 10% state money with the City’s share being $8,437.
Mr. Richter questioned the availability of City funds to initiate the purchase.
Mr. Mogan stated that the City has not been reimbursed for EPA sewer projects at this point in time, but felt that the funds would be available.
Mr. Witt moved for the recommendation of the committee, authorizing the City Manager to purchase the machine using federal and state funds that are available. The motion was seconded by Mr. Carey and unanimously carried.
Ordinance - Voter Registration Renewal by Mail
The City Clerk submitted an ordinance to the committee, drawn by the City Solicitor, that would amend Section 11-9 of the City of Dover Code, providing for voter registration renewal by mail. A form would be enclosed with the notification of purge which could be completed and submitted to the Office of the City Clerk, automatically renewing registration. The registration has 60 days to respond after notification.
The committee recommended adoption of the ordinance and that a public hearing be held on December 8, 1980 at 7:45 p.m.
Mr. Witt moved for approval of the recommendation, seconded by Mr. Hardcastle and unanimously carried.
Pension Funds - E.H. Friend Company Study
Mr. Witt informed members of Council that the Civilian and Police Pension Committees will meet on December 9, 1980 at 7:30 p.m. Members of Council are urged to attend the meeting to discuss the results of the E.H. Friend Company study.
Mr. Witt moved for approval of the Legislative and Finance Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE EXECUTIVE SESSION
The Legislative and Finance Committee met in executive session on November 19, 1980 with Chairman Witt presiding.
Employee Salaries and Wages
Mr. Witt advised Council of the Legislative and Finance Committee’s study and discussions on the proposals submitted by the City Manager that would adjust City employee’s salaries and wages to conform with the new minimum wage that mandates an hourly rate of $3.35 per hour, effective January 1, 1981.
The committee recommended adoption of the “Plan C” which would eradicate the first two steps known as A and B and move the existing step C to step A. A new step E was added, making increases possible for those that have been frozen for one year or more. Total impact to the payroll would be $23,686 for a six month period and $47,372 for a twelve month period. The committee’s recommendation stipulated that the adjusted wage and salary scale be effective January 1, 1981 through June 30, 1981 and that a completed, revised wage and salary scale be initiated for inclusion in the 1981/82 budget.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman.
Mr. Weyandt advised Council that he did not completely agree with the provisions as outlined in proposal “C”, in that the low side of the salary scale will receive a 4% increase whereas the top salaries and wage scales will receive 10.5%.
Mr. Weyandt reiterated the recommendation of the committee, that a completely revised rate structure for all wages and salaries be initiated before any consideration of the 1981/82 budget.
In light of Mr. Weyandt’s statement, Mr. Bewick questioned the advisability of adopting any proposal or wage adjustment until further discussion.
Mr. Bewick moved to table the matter, seconded by Mr. Hardcastle and carried with Mr. Witt and Mr. Boaman voting no and Mr. Weyandt not voting.
Job Re-evaluation Study
Mr. Mogan advised the committee that Yarger and Associates, Inc. has submitted the low bid for the purpose of a study that would evaluate each job and/or position in the City of Dover, applying the proper wage.
Mr. Witt stated that this is an advisory item to Council that was deferred by the committee until such time as the members of the committee and Council have an opportunity to meet with Yarger and Associates, Inc.
Mr. Witt moved for approval of the Legislative and Finance Committee Executive Session Report as submitted, seconded by Mr. Carey and unanimously carried.
SET PUBLIC HEARING - 1976 FOOD SERVICE SANITATION MANUAL
Mr. Roe informed Council that adoption of the 1976 Food Service Sanitation Manual would be an updating of the restaurant inspection manual. The manual has been adopted by the State.
Mr. Boaman moved that a public hearing be held to consider adoption of the 1976 Food Service Sanitation Manual on December 8, 1980 at 7:45 p.m. The motion was seconded by Mr. Bewick and unanimously carried.
AMENDMENT TO ZONING ORDINANCE - CLOSING RG-4 FOR MULTI-STORY APARTMENTS
Mayor McDonough advised Council that a public hearing was held and closed on November 10, 1980 and the question of closing the general residence zone for multi-story apartments, specifically RG-4, was tabled.
Mr. Witt moved to remove the matter from the table, seconded by Mr. Boaman and unanimously carried.
Mr. Boaman moved to close the RG-4 zoning category, covering multi-story apartments, seconded by Mr. Richter. By a unanimous roll call vote, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Zoning Ordinance of the City of Dover is hereby amended as follows:
1. Article 10, §5.19 setting forth closed zones is amended to add as a closed zone GENERAL RESIDENCE ZONE for multi-story apartments RG-4.
2. Article 3, §4 which sets forth the requirements for the general residential zone for multi-apartments (RG-4) shall be marked as a closed zone.
ADOPTED: November 24, 1980
REZONING REQUEST - PROPERTY ON SOUTH STATE STREET, BOUNDED BY ROUTE #13, WEBBS LANE - FANNIE RUDNICK AND EDITH BERKMAN
A request was received to rezone property bounded by State Street, Route #13 and Webbs Lane, owned by Fannie Rudnick and Edith Berkman. 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 bounded by State Street, U.S. Route #13 and Webbs 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 December 22, 1980 at 7:45 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to RG-1, RG-0 and C-4 that property bounded by State Street, U.S. Route #13 and Webbs Lane, owned by Fannie Rudnick and Edith Berkman.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: November 24, 1980
CONSIDERATION OF REZONING - PROPERTY ON WEST SIDE OF SAULSBURY ROAD, ADJACENT TO AND NORTH OF EJT CONSTRUCTION COMPANY - NEDA P. BIGGS AND MARGARET FITZPATRICK
Mayor McDonough advised those present that a public hearing was held and closed on October 27, 1980 and the matter of a rezoning request for property located on the west side of Saulsbury Road, adjacent to and north of EJT Construction Company, owned by Neda Biggs and Margaret Fitzpatrick, was tabled.
Mr. Witt moved that the matter of the rezoning be removed from the table, seconded by Mr. Boaman and unanimously carried.
Mr. Boaman reminded those present of a petition, submitted by more than 20% of the property owners adjacent to the Biggs/Fitzpatrick property which mandates a 3/4 majority vote by those elected to Council.
Mr. Boaman moved to deny the rezoning, seconded by Mr. Hardcastle.
By a roll call vote of three (3) yes, three (3) no (Mr. Witt, Mr. Carson and Mr. Richter) and two (2) declining to vote (Mr. Bewick and Mr. Weyandt), the motion failed.
Mr. Witt moved to approve the zoning as requested, seconded by Mr. Richter.
By a roll call vote of four (4) no and four (4) yes, the rezoning was denied, lacking a 3/4 majority vote.
ROBBINS HOSE COMPANY ELECTION RESULTS
The City Manager reported the following results of an election of the Robbins Hose Company, held on November 17, 1980, and certified by the election judges, Councilmen Witt and Richter and Alderman Willis.
Chief - Charles Boyer
Deputy Chief - Raymond Osika
First Assistant Chief - John Willson
Second Assistant Chief - Michael Shinsky
Third Assistant Chief - William Hurley
Captain - Thomas Trader
Mr. Witt moved to accept the results of the election as submitted, seconded by Mr. Boaman and unanimously carried.
CORRESPONDENCE
Capitol Area - Lighting
A letter was received from Lydia R. Boyer, Secretary of the Department of Administrative Services of the State of Delaware, advising Council that the State of Delaware Capital Budget for 1981 includes money to study and design a modern lighting system suitable for the area. The department’s number one priority request for the 1982 Capital Budget will be the installation of the lighting system.
Mr. Witt moved for referral to the City Manager and Mr. Schucker of the Electric Department, stipulating that any expenditure of funds on the project be submitted to members of Council for approval.
Questioned by Mr. Weyandt, Mr. Mogan stated that the City would be working very closely with State representatives on the type and design of lighting and other installations.
Mr. Hardcastle suggested that the matter be referred to the Utility Committee before presentation to Council.
Mr. Witt’s motion for referral to the City Manager and Mr. Schucker was unanimously carried.
Mr. Witt moved for adjournment, seconded by Mr. Richter and unanimously carried.
Meeting Adjourned at 8:55 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of November 24, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
December 1, 1980
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