REGULAR MEETING
The Regular Meeting of Council was held on July 28, 1980 at 7:30 p.m. with Vice-Mayor Hardcastle presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Carey, Witt and Carson. Mayor McDonough was absent as was Councilman Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS AND DELETIONS
Mr. Bewick requested an executive session immediately after the Council Meeting to discuss legal matters in relation to a sewer and water rate increase.
Mr. Witt requested an additional item to discuss ordinance enforcement and an item to discuss the usage of alleys.
The City Clerk requested that the public hearing relating to the rezoning of 32.68 acres of land, owned by Harvey & Mildred Kesselring, be deleted. The hearing was advertised and set for August 11th.
MINUTES
The Minutes of the Regular Council meeting of July 14, 1980 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey, and bore the written approval of Mayor McDonough.
STATUS REPORT - SCHOOL CROSSING GUARDS - CODIFICATION OF CITY CODES
Questioned by Mr. Weyandt, Mr. Mogan stated that the Dover Special School District has initiated action to acquire CETA workers to act as crossing guards. At present, they are waiting for the number available for a calculation of cost of the program.
It was Mr. Weyandt’s opinion that the City of Dover has offered several suggestions but to date, the School Board has not responded. Since there is little time before the school year begins, he felt that Council should initiate action to drop the entire program if a planned program is not submitted in the near future.
Mr. Mogan stated that the School Board is planning a program that would be advantageous to both parties. He strongly recommended that Council delay any action until such time as the School Board determines what they can do in acquiring CETA staffing.
Mr. Boaman stated that he has been working with the City Manager on the matter and the program will be initiated in accordance with Council’s mandates, which include training for the guards by the City of Dover. At present, the City of Dover maintains a good working relationship with the School Board and he felt that the program, as proposed, will be initiated to the satisfaction of Council members.
Vice-Mayor Hardcastle suggested that the City Manager and members of the committee devise a response for Dr. Goate for consideration of the School Board in their meeting of August 20th.
Mr. Weyandt inquired into the disposition of the codification of City Codes and was informed by Mr. Mogan that corrections to the proof copy, submitted by Municipal Code, will be mailed for printing in the near future, along with ordinances adopted since the printing of the Code and any amendments or corrections thereafter will be handled through supplemental printings.
ORDINANCE ENFORCEMENT
Mr. Witt related an incident to Council, occurring on Saturday, July 26th, when he attempted to drive through the park area of the City of Dover Parks and Recreation Center and found it impossible. During his inspection, he found that an incident had occurred with a police officer at the park and 50 to 75 persons were drinking alcoholic beverages.
A personal survey of residents in various areas of the City showed that a majority of the taxpaying citizens will not use the park facilities because of existing conditions. During his inspection, he found it almost impossible to walk on the roadway in the park. If organized functions are scheduled, Mr. Witt stated that recreational personnel should be on duty to advise and monitor the activities.
Mr. Witt emphasized that conditions of the City of Dover Park and Recreation Center on Whiteoak Road and Silver Lake are becoming intolerable and at an explosive level. He suggested that signs in the walking areas of the parks be installed, absolutely prohibiting the consumption of alcoholic beverages, stating that violators will be prosecuted. He felt that enforcement is of prime importance to enable a majority of the citizens to utilize park facilities. In addition, it was suggested that barricades, such as utilizing old utility poles, be installed to prevent parking on the grass, and gates at the entrances of Silver Lake and the City of Dover Park and Recreation Center on Whiteoak Road, that would be locked at dusk. Mr. Witt stated that if conditions did not improve in the aforementioned areas, he will bring the matter before Council within the next two to three weeks.
Mr. Witt recognized the manpower shortage of the Police Department who sometimes find it impossible to adequately control the park areas; however, he suggested utilizing the sergeants of the Police Department for patrol duty and utilizing lieutenants and captains for running the various shifts.
MONTHLY REPORTS
Chief of Police Report for the Month of June
The Chief of Police Report for the month of June was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of June
The Building Inspector & Fire Marshal Report for the month of June was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
City Alderman Report for the Month of June
The City Alderman Report for the month of June was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Operating Fund, Cash Receipts Report for the Month of June
The General Operating Fund, Cash Receipts Report for the month of June was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of May
Mr. Witt expressed concern for at least three departments on the report that will probably exceed their budgets as of the end of June. If this occurs, he advised that he will be asking for more in-depth details to determine the cause. Mr. Witt stated that he could not accept the report until this is resolved.
By motion of Mr. Carey, seconded by Mr. Weyandt, the General Operating Fund, Budget Report for the month of May was approved with Mr. Witt voting no.
Water/Sewer Fund, Cash Receipts Report for the Month of June
The Water/Sewer Fund, Cash Receipts Report for the month of June was unanimously approved by motion of Mr. Bewick, seconded by Mr. Carey.
Water/Sewer Fund, Budget Report for the Month May
The Water/Sewer Fund, Budget Report for the month of May was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Intergovernmental Service Fund, Revenue & Expenditure Report - May
The Intergovernmental Service Fund, Revenue and Expenditure Report for the month of May was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of June
The Electric Revenue Fund, Cash Receipts Report for the month of June was unanimously approved by motion of Mr. Carey, seconded by Mr. Boaman.
Electric Revenue Fund, Budget Report for the Month of May
The Electric Revenue Fund, Budget Report for the month of May was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Improvement and Extension Fund, Cash Receipts & Disbursements - June
The Electric Improvement and Extension Fund, Cash Receipts & Disbursements Report for the month of June was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
City Manager’s Report for the Month of June
The City Manager’s Report for the month of June was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
J.P. COURT #7 REPORT FOR THE MONTH OF JUNE
A check was received from J.P. Court #7 for the month of June in the amount of $8,062.70. Deferred payments as of June 30, 1980, amounted to $30,510.99.
Mr. Weyandt moved for approval of the request as submitted, seconded by Mr. Carey.
Mr. Witt asked if the State pays interest on the amount of deferred payments. Mr. Willis stated that they do not.
Mr. Witt moved to amend the motion for approval of the report, stipulating that the Legislative and Finance Committee study the possibility of a City of Dover Municipal Court. The motion was seconded by Mr. Weyandt.
By a vote of four (4) yes, two (2) no (Mr. Bewick and Mr. Carey), the amendment was carried.
By a vote of four (4) yes, two (2) no (Mr. Bewick and Mr. Carey), the J.P. Court #7 Report for the month of June was approved.
ANNEXATION REFERENDUM RESULTS - KESSELRING TRACT - WEBBS LANE
The City Clerk reported that there were three eligible voters to participate in the annexation referendum for the Kesselring Tract on Webbs Lane, and as certified by the County representatives, three (3) votes were cast for annexation. However, he reported a telephone call from Attorney Glenn Hitchens, followed by confirming correspondence, requesting that the annexation referendum results be tabled until such time that the boundaries of the tract can be reduced to writing.
Questioned by Mr. Weyandt, Mr. Willis stated that it would be necessary to cancel the public hearing scheduled for August 11th to rezone the property if the referendum results are tabled.
Mr. Bewick moved to table the referendum results of the Kesselring Tract and refer the matter back to the Utility Committee, requesting that the committee consider that annexation would create an island outside the City, surrounded by land inside the corporate limits. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Boaman moved to cancel the rezoning hearing of the Kesselring Tract, scheduled for August 11th, seconded by Mr. Bewick and unanimously carried.
PUBLIC HEARING - SALE OF PRECIOUS METALS ORDINANCE
A public hearing was duly advertised for this time and place to consider an ordinance that would provide for the licensing and regulation of secondhand dealers of precious metals in the City of Dover.
Vice-Mayor Hardcastle declared the hearing open.
Questioned by Mr. Witt, Mr. Roe recommended that the license fee for this particular category be established at $25.00, under the title of All Other. He stated that an additional license would be required for any other business that might be conducted on the same premises.
Vice-Mayor Hardcastle declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council unanimously adopted the following ordinance, to be effective 12:01 a.m. July 29, 1980.
An ordinance providing for the licensing and regulation of secondhand dealers of precious metals in the City of Dover.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Section 1. SECOND HAND DEALER OF PRECIOUS METALS DEFINED:
A secondhand dealer of precious metals is hereby defined to mean any person, firm, or corporation, other than a licensed pawn broker, who, within the City, purchases, trades, handles, or deals in any secondhand or used watches, jewelry, cutlery, gold, or other precious metals, wrought gold or other wrought precious metals, or any secondhand or used article whatsoever composed or manufactured in whole or in part of gold or other precious metals.
Section 2. LICENSE REQUIRED:
It shall be unlawful for any person, firm, or corporation to engage in the business of secondhand dealer of precious metals, as defined in this Chapter, without first obtaining a license therefor, as hereinafter provided. A separate license shall be required for each location, place, or premises used for the conduct of the business of secondhand dealers of precious metals.
Section 3. APPLICATION; INVESTIGATION:
Any person, firm, or corporation desiring a license to conduct the business of secondhand dealer or precious metals, as defined in this ordinance, shall make a written application for a license which shall conform to the general requirements of Article I, Chapter 18 of the Code of the City of Dover, relating to applications for licenses.
Section 4. LICENSE FEE:
The license fee to be paid to the City License Officer by any secondhand dealer of precious metals shall be $25.00.
Section 5. PLACE OF BUSINESS: SOLICITING ON STREETS: CANVASSING:
Any license issued under the provisions of this Chapter shall designate the place in which the secondhand dealer shall carry on such business; and such business shall not be carried on or conducted in any other place than that designated in or by such license.
No secondhand dealer of precious metals shall be permitted to solicit business upon any street or public highway of the City.
No person, firm, or corporation shall conduct a house-to-house canvass for the purchase or sale of secondhand or used watches, jewelry, cutlery, gold or other precious metals, wrought gold or other wrought precious metals, or any other secondhand or used article whatsoever composed or manufactured in whole or in part of gold or other precious metals, within the City.
Section 6. RECORD OF PURCHASES, SALES, AND EXCHANGES:
Every secondhand dealer shall keep a tightly bound book, not loose-leaf, with pages numbered in sequence in which there shall be made at the time of the transaction a record in English of every article received, purchased, sold, or exchanged by him, setting forth the following: The name, age, sex, residence, and general description of the individual with whom the transaction is had, the price or consideration paid or received at the time of the transaction; and a description of every article received, sold, or exchanged, giving the manufacturer’s name or other marks of identification appearing on same.
Section 7. RECORD INSPECTION:
The said book, and all goods, articles, or things purchased, received, or kept for sale or exchange, by every secondhand dealer of precious metals, shall at all reasonable times be open to the inspection of the Chief of Police or such persons as may be designated by the said Chief of Police.
Any secondhand dealer of precious metals, not at a permanent place of business in the City, shall at the conclusion of the last day of business in the City, turn over to the City Police Department the book containing the recordation of all purchases, sales, and exchanges mentioned in Section 6 of this Ordinance.
Any secondhand dealer of precious metals with a permanent place of business in the City shall keep said book mentioned in Section 6 of this Ordinance a minimum of one (1) year from the date of the latest transaction recorded in said book.
Section 8. GOODS TO BE KEPT WITHOUT CONCEALMENT FOR FIFTEEN DAYS: EXCEPTIONS:
Every secondhand dealer of precious metals must keep without concealment for a period of fifteen (15) days, subject to inspection by any police officer, all goods, wares, and merchandise purchased or received from any person before selling, shipping, or otherwise disposing of the same.
Section 9. USE OF UNLICENSED PREMISES PROHIBITED:
No secondhand dealer of precious metals shall make use of any property, private or public, not included within the licensed premises, for the storage, handling, or display of any secondhand article.
Section 10. MELTING, WRECKING, AND REMODELING:
No secondhand dealer of precious metals shall take apart or melt up any watch, watch case, or article composed or manufactured in whole or in part of gold, silver, or platinum, or other precious metal, until he shall have made a record of his intention to do so along with all other data required to be recorded in the book mentioned in Section 6 of this Ordinance; and unless and until he shall have kept such article in his licensed place of business for inspection of fifteen (15) days after the report provided for under Section 6 of this Ordinance has been made, unless the article proposed to be taken apart, melted up, wrecked, or remodeled has been sooner inspected by the Chief of Police or his Deputy or received clearance for such melting, wrecking, or remodeling.
Section 11. NAME OF LICENSEE DISPLAYED:
Every secondhand dealer of precious metals shall maintain and display, at all times during the period of his license, in a conspicuous place at or in the licensed premises, a sign in letters not less than six inches (6") in height, bearing the name of such licensee and the words “Secondhand Dealer of Precious Metals”.
Section 12. BOND:
Every secondhand dealer of precious metals shall, at the time of receiving such license, execute a bond to the City in the penal sum of One Thousand Dollars ($1,000) with good and sufficient surety or sureties to be approved by the City Solicitor condition that said licensee will faithfully observe and comply with the provisions of this Ordinance at all times during the continuance of such license, and condition further to indemnify, keep, and save harmless the City against all liabilities, judgements, cross, damages and expenses which may in any ways come against the City in consequence of the issuance of said license, or some or by any act or thing done or neglected to be done by said licensee under and by virtue of the authority granted in said license, or the failure or neglect of such licensee to observe and comply with the ordinances of the City relating to the business licensed.
Section 13. PURCHASES FROM MINORS:
No secondhand dealer of precious metals shall purchase any secondhand article whatsoever from any minor or minors without written consent of his or their parents or guardians.
Section 14. INSPECTIONS: REVOCATION OR SUSPENSION OF LICENSE:
Any premises licensed under this Ordinance may be inspected, and any license issued under this Ordinance may be suspended or revoked, in accordance with the provisions of Article I, Section 18-27 through 18-32.1 of the City of Dover Code.
Section 15. RESTRICTIONS:
No person licensed as a secondhand dealer under the provisions of this ordinance shall during the period of his license receive or hold a license to carry on the business of a pawn broker or keeper of a junk shop.
ADOPTED JULY 28, 1980
PUBLIC HEARING - REVERT ZONING OF LAND ON THE NE CORNER OF FOREST AVENUE AND INDEPENDENCE BOULEVARD - DOVER HUNT LAND COMPANY
A public hearing was duly advertised for this time and place for consideration to revert the zoning of land located on the northeast corner of Forest Avenue and Independence Boulevard, owned by Dover Hunt Land Company, that has not conformed with Section 5.183 of the Zoning Code that provides a one year time period to show some progress of construction for which the land was zoned.
Vice-Mayor Hardcastle declared the hearing open.
There was no one present to speak for or against the zoning.
Vice-Mayor Hardcastle declared the hearing closed.
Mr. Roe informed Council that Dover Hunt Land Company has been properly notified. The land is presently zoned C-3 and RG-0. A zoning category of RG-0 conforms with the Land Use Map but C-3 does not. In conversations with one of the owners, no opposition was expressed in reverting the land to an RG-0 zoning and Mr. Roe recommended this action for Council.
By motion of Mr. Weyandt, seconded by Mr. Witt, 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 THE LAND LOCATED ON THE NORTHEAST CORNER OF FOREST AVENUE AND INDEPENDENCE BOULEVARD.
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-3 and RG-0 to RG-0.
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 on property located on the northeast corner of Forest Avenue and Independence Boulevard, owned by Dover Hunt Land Company, from C-3 and RG-0 to RG-0.
ADOPTED JULY 28, 1980
PUBLIC HEARING - REZONING PROPERTY AT THE EXTREME REAR OF 139 KINGS HIGHWAY - WILLIAM E. AND PETER C. HALLETT
A public hearing was duly advertised for this time and place to consider rezoning property located at the extreme rear of 139 Kings Highway, owned by William E. & Peter C. Hallett. Vice-Mayor Hardcastle declared the hearing open.
Mr. Nathan Cohen, realtor, was present representing the Halletts and requested that the rezoning be tabled until such time that proper access to the property can be resolved. He stated that the purpose of the rezoning is to construct 21 townhouses with a selling value of approximately $125,000. Mr. Cohen stated that this would be additional tax base for the City of Dover in the amount of $141,000.
Mr. Nathan Hayward, III, State Director of the Office of Budget and Planning, was present to represent the State’s opposition to the proposed rezoning.
He referred to his letter of July 28, 1980, outlining the State’s reasons for opposing the rezoning and a letter from the Friends of Old Dover, signed by Joseph Whitmore Maybee, President, outlining their concerns and opposition.
Mr. Hayward informed Council that it is the intention of the State to acquire lands of the Hallett’s, and a portion of lands owned by the Murphy School for the purpose of developing public parkland that would extend out to Division Street and encompass lands bordering the St. Jones River. The State has made an offer to the property owners that would be involved.
Mr. Hayward stated that the State is very much concerned in the construction of townhouses that would be in close proximity to the Governor’s Mansion. He informed Council that the State plans to extend Legislative Avenue to the land formerly known as Richardson & Robbins, to facilitate movement of traffic generated by the conversion of existing buildings to laboratory facilities and offices for the Department of Natural Resources and Environmental Control. The facility will employ approximately165 to 180 persons.
Mr. Boaman questioned the State’s thinking in converting the Richardson and Robbins site to offices in close proximity to the Governor’s Mansion in comparison to their opposition to building $125,000 townhouses in the area.
Mr. Hayward reiterated his statement that outlined the State’s plans to develop the land behind the Richardson and Robbins site and the Governor’s Mansion for the use as parkland and land adjacent to Division Street for future State offices.
Mr. Witt and Mr. Weyandt expressed deep concern in the utilization of land by the State that is tax exempt yet the State seems to do nothing about subsidizing the City treasury not only for taxes but services furnished to State and County facilities.
Vice-Mayor Hardcastle declared the hearing closed.
Mr. Roe stated his recommendation as being Council’s feeling on extending Legislative Avenue to Division Street, relieving a portion of the traffic in the downtown area. It was his recommendation that the Hallett rezoning be tabled to enable the Utility Committee and Planning Commission to meet with representatives of the State of Delaware and the Halletts present to determine whether the City desires to maintain open space with consideration given to aesthetics, as recommended by the Comprehensive Plan. He did not feel that Legislative Avenue should be extended to the Hallett property without continuing on to Division Street. Without a workshop to thoroughly discuss the matter, Mr. Roe stated that he would recommend denial of the rezoning.
Mr. Witt moved that the Hallett rezoning be tabled and a Planning Commission and Utility Committee workshop be held on the matter, with the Halletts, representatives of the State of Delaware and possibly the Highway Department present. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote.
ORDER OF SUCCESSION - ABSENCE OF MAYOR AND VICE-MAYOR
Vice-Mayor Hardcastle requested that the question of the order of succession for carrying on Council meetings in the absence of the Mayor and Vice-Mayor be deferred until the Regular Council Meeting of August 11, 1980. The question was presented due to the planned absence of Mayor McDonough and Vice-Mayor Hardcastle during the September Regular Council Meeting. Since it is possible that the meeting might be canceled or the date changes, Vice-Mayor Hardcastle suggested that no public hearings be set for this particular date.
Mr. Witt moved for the recommendation, stipulating that the matter be placed on the August 11th Council Agenda. The motion was seconded by Mr. Bewick and unanimously carried.
AMBULANCE RATES - REFERRAL TO LEGISLATIVE AND FINANCE COMMITTEE
When the ambulance rates were established one year ago, Mr. Mogan stated that Council recommended review of the rates after a one year period. He requested that the matter be referred to the Legislative and Finance Committee.
Mr. Witt moved for the recommendation of the City Manager, seconded by Mr. Boaman and unanimously carried.
REPAIRS TO DIVISION STREET - RAILROAD CROSSING
Mr. Mogan informed Council that repairs to the Division Street railroad crossing were initiated on July 28th. All major industries who utilize the crossing have been notified.
PERSONNEL REPLACEMENT AND HIRING
In accordance with Council’s mandate that no personnel will be replaced in the City without the approval of Council, Mr. Mogan requested consideration of the replacement of five of the City’s personnel who have resigned and other staff positions that should be filled. The five positions involved are Water Meter Reader, a Water Department Laborer, a Streets Department Equipment Operator, an Electric Department Results Engineer, and a Communication Operator in the Police Department. In addition, Mr. Mogan requested permission to hire a certified Paramedic for the Ambulance Department to facilitate authorized staffing and an Assistant Results Engineer, an authorized slot that has never been filled.
Mr. Witt moved that the City Manager be authorized to hire a Water Meter Reader, a Water Department Laborer, a Streets Department Equipment Operator, an Electric Department Results Engineer and a Police Communication Operator. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved that the City Manager be authorized to hire an Assistant Results Engineer, seconded by Mr. Carey.
Per request of Mr. Witt, Mr. Mogan explained the importance of a Results Engineer, in that most of the data and reports relative to generation passes through his hands. In addition, it is the Results Engineer’s responsibility to maintain close control of all oil used at the Power Plant and his figures are the basis used for all fuel clause charges. Another facet of this job is control of boiler make-up water and water usage for the entire plant.
Mr. Bewick questioned the need of an Assistant Results Engineer since these duties have been performed in the past entirely by the Results Engineer.
Mr. Mogan stated that the former Results Engineer was an unusually qualified man who had performed this job for many years. Since his resignation, it has become evident that his replacement will need an assistant. The opening of an Assistant Results Engineer is an authorized slot and has been considered in the budget.
As an afterthought on Council’s mandate to control hiring, Mr. Boaman commented that he thought it ridiculous that Council is acting in the capacity of personnel managers for the City Manager. He felt that Council had usurped the power of the City Manager in mandating their approval for personnel replacement.
By a voice call vote of four (4) yes, two (2) no (Mr. Weyandt and Mr. Bewick) the City Manager received approval to hire an Assistant Results Engineer.
Mr. Witt moved to authorize the City Manager to fill any vacancy that occurs in the present staff without the need for Council approval. The motion was seconded by Mr. Boaman and carried by a vote of five (5) yes, one (1) no (Mr. Weyandt).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 15, 1980 with Councilman Weyandt presiding.
Library Commission Update - Library Expansion
The Committee discussed the proposed expansion of the present library facility with Mr. Gary Patterson, Dr. James Hill, Mr. Joseph McDaniel, Col. Scrafford, Mrs. Ann Cleek and Architect Calvin Clendaniel present.
Mr. Weyandt explained that the committee did not have a breakdown of cost figures at the meeting; however, this has been furnished to members of Council since that time. He suggested that Council carefully study the prepared cost breakdown for future discussion. In the meantime, the City Manager, with the cooperation of staff, is to conduct a study of the various funding possibilities and present their findings during the next committee meeting.
Council Chaplain Compensation
In recognition of the Reverend J.H. Williams’ faithful service as Council Chaplain, the committee recommended a donation of $100 per year in his behalf, to be paid in December.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Boaman and carried by a vote of four (4) yes, two (2) no (Mr. Carson and Mr. Witt).
Mr. Carson expressed his dissatisfaction with the recommendation of the committee and the decision of Council, feeling that the amount approved was inadequate considering the time involved and inconvenience to Reverend Williams.
Business License Fees - WKEN Radio Station/Dr. Marvin Berman
Mr. Stu Wayne, President of the Capitol Broadcasting Company, was present to protest the radio station license fee. The committee suggested that an attempt be made to determine the basis for the State fee. Mr. Wayne was asked to check the fee now being paid for the station for a State license, forwarding this information to the committee.
The committee also considered a letter from Dr. Marvin Berman, complaining that his license fee as an optometrist has increased 100%, or from $50 to $100.
Mr. Roe informed the committee of his letter to Mayor McDonough, explaining that the fees were raised 1005 in this particular category, feeling that the charge for an optometrist was considerably out of line with like professions. It was the recommendation of the committee that a copy of Mr. Roe’s letter to Mayor McDonough be mailed to Dr. Berman, with a further explanation that future discussions and hearings will be held on various license fees. Dr. Berman will be given an opportunity to present his case to the committee at a future meeting.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Dover Little League - $100 Advertisement
Mr. Weyandt informed Council that the committee had recommended denial of a request by the Dover Little League to buy a $100 advertisement, based on the belief that the City had budgeted $2,000 for the organization.
This matter was researched and it was revealed that the $2,000 for the Little League was deleted from the budget. A request was received from the Little League to purchase a $150 advertisement. Mr. Weyandt requested that Council consider the request at this time.
Mr. Boaman noted that the members of Council have been approached to donate $15 each for the benefit of the Little League. A donation by members of Council, Mayor McDonough and the City Manager at $15 would amount to $150.
Mr. Bewick moved that the Dover Little League be informed of individual Councilman’s intentions, seconded by Mr. Witt and unanimously carried.
Assessment Clerk Classification
Mr. Weyandt informed Council of an executive session to consider the creation of a new classification, known as Assessment Clerk, carrying a pay scale of G-8.
After a thorough discussion, it was the Committee’s recommendation that Mrs. Johnson, in the City Assessor’s Office, be reclassified to a G-8 (E).
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Boaman.
Mr. Witt requested to go on record as noting that Council will not consider any reclassifications of committee until such time as a complete job evaluation is conducted.
By a voice call vote, one (1) no (Mr. Witt) the classification of Assessment Clerk was approved.
Mr. Witt moved to approve the Legislative and Finance Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on July 21, 1980 at 7:00 p.m. with Chairman Bewick presiding.
Sewer Main Feasibility Study - Extension to State Fire School
Mr. Mogan reported to Committee that staff, after a request of the State Fire School to utilize the City sewage system, presented no objections except that the situation is unique in that the Fire School is no within the corporate limits and not contiguous to the City boundaries. The sewage line would be constructed entirely at the expense of the Fire School and connection to the sewage system would take place at the Turnberry pumping station.
It was noted that any water utilized by the Fire School would be metered for the City’s purpose of determining usage. If it would be necessary to enlarge the pumps at Turnberry due to the Fire School’s usage, the City would not assume any expenses incurred.
The committee recommended that permission be granted to connect to the Dover sewer system, providing that the Fire School will comply with any reasonable request of the City to utilize the line for future use.
Mr. Weyandt moved for the recommendation of the committee, seconded by Mr. Bewick and carried by a vote of five (5) yes, one (1) no (Mr. Witt).
Special Assessments - Ten Year Payback
In the interest of establishing definite guidelines for future special assessments, the committee recommended that the City Manager’s Office be authorized to utilize the prevailing interest rate and a ten year pay back period be provided.
Mr. Bewick moved for the recommendation of the committee, seconded by Mr. Witt and unanimously carried.
Mr. Bewick moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Witt and unanimously carried.
CITY USAGE OF ALLEYS
Mr. Witt related to residents who are obstructing the right-of-way of alleys with assorted trash, trash cans and other material. He requested that this matter be referred to the Utility Committee for study with the possibility of constructing preventive ordinances.
CORRESPONDENCE
Air Conditioning and Heat Pump Noise - G. Herman & Eleanor E. Burne
A letter was received from G. Herman and Eleanor E. Burne of 615 Lakewood Place, incorporating a complaint that residents are installing heat pumps and air conditioning units in the close proximity to neighboring homes that cause offensive noise. They suggested that the City devise ordinances that would place restrictions on the location of similar installations.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Bewick and unanimously carried.
RECESS
Council recessed into executive session to discuss proposed water and sewer rates.
SET PUBLIC HEARING - PROPOSED WATER AND SEWER RATES - REVISED
Following an executive session during which Council discussed a study conducted by Betz-Converse-Murdoch, Inc., Mr. Bewick moved that a public hearing be held on August 25, 1980 at 7:45 p.m. to consider the following revised water and sewer rates:
Water Inside the City - 41¢
Water Outside the City - 61¢
Sewer Inside the City - 38¢ plus treatment charge presently 34¢
totaling 72¢
Sewer Outside the City - $1.16
The motion was seconded by Mr. Weyandt.
Mr. Boaman expressed his displeasure in the motion, feeling that Mr. Bewick’s proposed new rates do not consider depreciation as does the study conducted by Betz-Converse-Murdoch, Inc. Without consideration for depreciation, Mr. Boaman felt that the City is spending tomorrow’s dollars for yesterday’s debts. The rates, as proposed by Mr. Bewick’s motion, will not build a reserve for future maintenance and expansion.
Mr. Boaman moved to amend Mr. Bewick’s motion to advertise the rates as proposed by Betz-Converse-Murdoch, Inc., along with proposed rates included in the main motion. The motion was seconded by Mr. Witt and failed by a vote of two (2) yes (Mr. Boaman and Mr. Witt) and three (3) no.
A show of hands vote on the main motion was carried by a vote of three (3) yes, two (2) no (Mr. Boaman and Mr. Witt).
Mr. Weyandt moved for adjournment, seconded by Mr. Witt and unanimously carried.
Meeting Adjourned at 9:35 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 28, 1980, are hereby approved.
JAMES C. HARDCASTLE
VICE-MAYOR
August 4, 1980
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