REGULAR MEETING
December 12, 1977
The Regular Meeting of Council was held on December 12, 1977 at 7:30 p.m. with Mayor Legates presiding. Council members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Noting that the Regular Council Meeting of December 26, 1977 falls on a legal holiday, Mr. Wiit requested an additional agenda item to discuss the possibility of cancellation.
Mr. Willis requested an additional agenda item to present a rezoning request.
Mr. Hodge requested an additional agenda item to present a status report on the refund of 69KV users as a result of the law suit involving Delmarva Power and Light.
Mayor Legates requested an additional agenda item, asking for an Executive Session immediately after the Regular Council Meeting to discuss collective bargaining matters.
MINUTES
The Minutes of the Regular Council Meeting of November 28, 1977 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Carey and bore the written approval of Mayor Legates.
RESOLUTION - DOVER SENATORS CHAMPIONSHIP FOOTBALL TEAM
By motion of Mr. Witt, seconded by Mr. McDonough, Council unanimously adopted the following resolution.
WHEREAS, the Dover High School Senator Football Team compiled an outstanding record in the 1977 season, and
WHEREAS, the Dover High School Senator Football Team won the Division State High School Football Championship, and
WHEREAS, this State Championship victory by Dover High School was a tremendous team effort both offensively and defensively, spurred by the coaching expertise of Robert Cuthrell.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover wish to extend their congratulations to the players, the coach and the students of Dover High School for the success of the Senators as the State Champions and convey the extreme pride felt by all citizens.
2. The Mayor and Council direct the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED DECEMBER 12, 1977
Principal of Dover High School, Patrick H. Lynn, and Coach Robert Cuthrell, were present to receive the resolution presented by Mayor Charles Legates, Jr.
CONFIRMATION OF ROBBINS HOSE COMPANY OFFICERS
The City Clerk read into the record the following officers of the Robbins Hose Company for the year 1978, as elected by fellow members.
Chief - Edwin Baker, Jr.
Deputy Chief - Charles Boyer
First Ass’t Chief - Raymond Osika
Second Ass’t Chief - Robin Christiansen
Third Ass’t Chief - John Hurd
Fire Captain - Brian W. Wasko
Mr. McDonough moved to confirm the Robbins Hose Company officers for the year 1978 as presented, seconded by Mr. Witt and unanimously carried.
APPOINTMENT OF CITY ASSESSOR - 1978
Mr. Witt moved for the appointment of William A. Hayes as City Assessor for the year 1978, seconded by Mr. McDonough and unanimously carried.
Mr. Witt congratulated Mr. Hayes for the outstanding performance of his duties for the year 1977.
APPOINTMENT OF BUILDING INSPECTOR - 1978
Mr. Bewick moved for the appointment of Jack T. Roe as Building Inspector for the year 1978. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mayor Legates congratulated Mr. Roe on his past performance and added his congratulations for the beginning of his 28th year with the City of Dover.
LAND ACQUISITION - ADJACENT TO THE REAR OF McKEE RUN FRONTING ON STATE COLLEGE ROAD
Mr. Hodge reported that a contract has been signed with Mr. Alfred Downes for the purchase of approximately 3½ acres of land behind McKee Run Power Plant with 185' fronting on State College Road for the agreed price of $15,000.
Mr. Witt moved to confirm the purchase of the land in accordance with the Executive Session held by Council on November 28, 1977, as described above. The motion was seconded by Mr. McDonough and unanimously carried.
REQUEST - CHARISMATIC PRAYER GROUP - UTILIZING CITY RECREATION CENTER
A request was received from Mr. Joseph W. MacLeod, Leader of a Charismatic Prayer Group, asking to utilize the City of Dover Recreation Center on Whiteoak Road for December 17, 1977 between the hours of 6:00 p.m. and 10:30 p.m.
Mr. McDonough explained that this is a nondenominational group that meets in various places throughout the City during the year. The group is not official, in that they do not possess in an IRS identification number. He added that the recreation center would be used for an annual Christmas party involving a covered dish supper.
Mr. Hodge explained that since the group does not have a tax exempt status and in accordance with the regulations set by Council, it would be necessary for Council to make a special exception to honor the request.
Mr. McDonough moved to approve the use of the Center by the group on December 17, 1977 between the hours of 6:00 p.m. and 10:30 p.m. He further requested a report on the activities by Mr. Hodge. The motion was seconded by Mr. Carey and unanimously carried.
Mayor Legates requested that Mr. McDonough notify the group of Council approval.
BID AWARD - RESURFACING OF NORTH STREET - GENERAL FOODS - HORSEPOND SUBSTATIONS
The Acting City Manager reported a bid opening for the purpose of resurfacing North Street, General Foods, and Horsepond Substations and switch yards which would include two short roadways at North Street and the Horsepond Substation. The bid results were as follows:
C.W. Wright Construction Company - $17,970
Webb Construction Company - 18,192
Mitten Construction Company - 19,850
It was the City Manager’s recommendation that the bid be awarded to C.W. Wright Construction Company for the total bid price of $17,970. He added that C.W. Wright Company maintains an office in Laurel, Delaware and holds a City of Dover business license.
Mr. Witt moved for the recommendation of the Acting City Manager, seconded by Mr. Bewick and unanimously carried.
CHIEF WILLIAM L. SPENCE - AWARD OF COMMENDATION MEDAL BY SONS OF THE AMERICAN REVOLUTION
Mayor Legates reported a release to the press of an award of the Law Enforcement Commendation Medal to the Chief of Police, William L. Spence, by the Sons of American Revolution. He stated that this is the first time that such an award has been presented to the lower part of the State of Delaware.
CONTRACT AWARD - PHASE I - DOWNTOWN REVITALIZATION
Mr. Hodge presented the results of the bid opening for Phase I, Traffic Control Revisions and Construction of the Central Dover Business District Revitalization Program, EDA Project #01-51-20346. The bid opening was held on December 6, 1977 at 2:00 p.m.
Questioned by Mr. Bewick concerning the outcome of the bids and the Engineering estimate, Mr. Hodge stated that original estimates did not contain sufficient man-hours for extra duty men to direct traffic during shutdowns and construction of signals at various intersections. Direction of traffic during these periods will be performed by off-duty patrolmen.
Mr. Witt moved that J & W Electric, Incorporated, of Dover, Delaware, be awarded the Construction Contract in the amount of $107,030.00. The motion was seconded by Mr. Carey and unanimously carried by a roll call vote.
Alluding to the fact that Council was not given the opportunity to review the bids prior to the meeting, Mr. Weyandt notified staff that he would refuse to vote in the future if the material was not made available, relating especially to the importance of the Downtown Dover Revitalization Program.
BID AWARD - POLES AND MAST ARMS
The City Manager’s office recommended that the bid of $22,887.00 for the installation of poles and mast arms be awarded to Traffic Products, Inc. of Malverne, Pennsylvania.
Mr. Bewick moved for the recommendation of the City Manager, seconded by Mr. Hardcastle and unanimously carried.
BID AWARD - CONTROLLERS - PART II - ITEMS 1, 2 &3
The City Manager’s office recommended that Part II - Items 1, 2 & 3, Traffic Controllers, be awarded to Eagle Signal Corp. of Austin, Texas, in the amount of $5,762.00.
Mr. Hardcastle moved for the recommendation of the City Manager, seconded by Mr. Carey and unanimously carried.
BID AWARD - PART II - ITEMS 4, 5, & 6 - MASTER AND SUBMASTER CONTROLLERS
It was the recommendation of the City Manager’s office that Part II of the Bid, Items 4, 5 & 6 relating to the master and submaster controllers be awarded to Signal Service of Exton, Pennsylvania in the amount of $11,811.00.
Mr. Weyandt moved for the recommendation of the City Manager, seconded by Mr. Carey and unanimously carried.
BID AWARD - PART III - TRAFFIC SIGNALS
The City Manager’s office recommended that Part III, Traffic Signals, be awarded to EMR Corporation of Reading, Pennsylvania, in the amount of $4,140.00.
Mr. Hardcastle moved for the recommendation of the City Manager’s Office, seconded by Mr. Muir and unanimously carried.
PRELIMINARY DISCUSSIONS - PHASE II - DOWNTOWN DOVER REVITALIZATION
Mr. Hodge informed Council that the engineers are prepared to proceed with preliminary discussions relative to Phase II of the Downtown Revitalization.
Mayor Legates suggested that Council set a date for a Workshop Session for discussions involving various segments of Phase II. Mr. Witt moved that a Workshop Session of Council be held in the Council Chambers of City Hall on December 28, 1977 at 7:30 p.m. The motion was seconded by Mr. Weyandt and by a vote of seven (7) yes, one (1) no - Mr. Carson - the motion was approved.
Mr. Bewick suggested that the Downtown Merchants Association, the Planning Commission, the City Manager and Council Staff Members attend the meeting.
PUBLIC HEARING - PARKING METER ORDINANCE AMENDMENT
A public hearing was duly advertised for this time and place to consider amending the ordinance which places a parking prohibition on vehicles parking where a meter is provided on Friday evenings until 9:00 p.m. The amendment would reduce the prohibition hours on Friday evening from 9:00 p.m. to 6:00 p.m. to coincide with all other weekdays and Saturdays.
Mayor Legates declared the hearing open. There was no one present to speak for or against the ordinance amendment and no correspondence. Mayor Legates declared the hearing closed.
Mr. Bewick moved for the adoption of the ordinance amendment, seconded by Mr. Hardcastle. By a roll call vote of seven (7) yes, one (1) no - Mr. Witt - Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
All meters in the City of Dover shall not be in effect after 6:00 p.m. on each Friday so that all meters shall require usage only until 6:00 p.m. of each day that they are currently in effect and shall not require usage from 6:00 p.m. to 9:00 p.m. on Fridays as has been the usage in the past.
ADOPTED DECEMBER 12, 1977
SENIOR SURREY REPORT
Mr. Hodge reported that a check in the amount of $25,000 was received from the Delaware Transportation Authority, State of Delaware, to be utilized for a Senior Surrey for the aged and the handicapped. He added that the City has received delivery of a Surrey equipped with a lift to handle wheelchair passengers. In the first quarter of 1978, the City Manager’s office is planning to submit a request to order an additional Surrey, which will replace one of the original four that now have in the area of 80,000 miles each. At the present rate of mileage accumulation, it will be necessary in the future to replace one Surrey per year.
REZONING REQUEST - ROUTE #113, NORTH OF LAFFERTY LANE - PHYLLIS E. MILLER
A request was received to rezone property located on the easterly side of Route #113, approximately 1,051' north of Lafferty Lane, known as lots #7, 8, 9 and 10, owned by Mrs. Phyllis E. Miller of 2016 Naamans Road, Wilmington, Delaware. Prior to amending the zoning map and zoning ordinance of the City of Dover a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Witt, 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the easterly side of Route #113, approximately 1,051' north of Lafferty Lane, known as lots #7, 8, 9 and 10, are presently zoned R-20, and
WHEREAS, it is necessary to hold a public hearing prior to amending 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 January 23, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on the easterly side of Route #113, approximately 1,051' north of Lafferty Lane, known as lots #7, 8, 9 and 10, owned by Phyllis E. Miller.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 12, 1977
CORRESPONDENCE
Capitol Green Day Care Center - Building Program
A letter was received from Dr. Willie G. Adams, President of the Board of Directors of the Capitol Green Day Center, informing Council that the center is in their second phase of a building program. The letter also requested that the City of Dover sponsor the Center’s application for a grant from the Community Development Program.
A suggestion was submitted that Council set up a date to meet with the Building Committee. Mr. Bewick moved to refer the matter to the Legislative and Finance Committee, seconded by Mr. Hardcastle.
Questioned by Mr. McDonough, Mr. Hodge reported contact with the organization, informing them of the impossibility of meeting in early December. However, he stated that Mrs. Paulson is attending a half-day seminar on December 16, 1977 dealing with HUD grants and hopefully will be able to shed some light on the ramifications of becoming a sponsor as requested by the Center. It was suggested that Mrs. Paulson attend the Legislative and Finance Committee meeting where the subject will be discussed.
The motion for referral to the Legislative and Finance Committee was unanimously approved.
Request to Remove Tree - Michael Saroukas - 16 South New Street
A letter was received from the Honorable Ernest V. Keith, representing Mr. Michael Saroukas of 16 South New Street, requesting that the City consider removing a tree from the front of his property. Mr. Keith stated that the roots of the tree are invading the sewer system and also causing the sidewalk to become hazardous to pedestrians.
Mr. Hodge reported that the Public Works Department has inspected the tree, which is in fact in a healthy state but also caused problems with the sewer line.
Mr. Witt moved to refer this matter to the Parks, Playground and Trees Committee and the Utility Committee. The motion was seconded by Mr. Hardcastle and unanimously carried.
Extension of “No Parking” Curbs - Department of the Army
A letter from Albert W. Whitney, Armory Custodian of the Department of the Army - 261 Signal Command - Delaware National Guard, requesting that the “No Parking” curbs at the entrances and exits of the Armory on Legislative Avenue and Water Street, be extended to 26'. Mr. Whitney stated that present curb markings do not facilitate a safe turning radius for military vehicles.
Mr. Hodge has discussed this matter with Chief Spence who is authorized to extend “no parking” curb markings up to 25'.
Mr. Weyandt moved to refer this matter with Chief of Police, seconded by Mr. Hardcastle and unanimously carried.
Kent County Planning - Program of Demolition
A letter was received from Peter Scanlon of the Kent County Planning Office, notifying Council that an award of $61,500 has been received from the Department of Housing and Urban Development to implement a program of demolition on dilapidated structures. Mr. Scanlon stated that municipalities are qualified under this program and asked if the City of Dover would contact the Planning Office if interested in participating.
Mr. Roe stated that any building selected by the City for demolition would have to be agreed upon by the Kent County Levy Court, the Kent County Building Inspector and the Kent County Planning Office, which takes the power of decision from the City. In addition, the City can recuperate the cost of demolition by ordinance through liens against the property. It was his feeling that this money should be available to persons who voluntarily want to improve their property and not be associated with actual condemnations.
Mr. Weyandt moved to refer the matter to Mr. Roe for further research and report back to Council. The motion was seconded by Mr. Hardcastle and unanimously carried.
CANCELLATION OF THE REGULAR COUNCIL MEETING OF DECEMBER 26, 1977
Mr. Witt reminded Council that the Regular Council Meeting of December 26, 1977 falls on a legal holiday. Because of the religious significance of this date, he suggested the meeting of December 26, 1977 be canceled completely or another date selected.
Mr. Witt moved to cancel the regular Council Meeting of December 26, 1977, seconded by Mr. Bewick and unanimously carried.
REZONING REQUEST - ROUTE #113, SOUTH OF LAFFERTY LANE - LOCKWOOD & ETHEL EMMERT
A request was received to rezone property located on the east side of Route #113, approximately 1,385' south of Lafferty Lane, owned by Lockwood and Ethel Emmert. Equitable owner is Maaco Enterprises, Inc. Prior to amending the zoning map and zoning ordinance of the City of Dover a public hearing is required.
By motion of Mr. Bewick, seconded by Mr. Witt, 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the east side of Route #113, approximately 1,385' south of Lafferty 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 the 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 January 23, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-20 to C-4 that property located on the east side of Route #113, approximately 1,385' south of Lafferty Lane, owned by Lockwood and Ethel Emmert.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 12, 1977
DELMARVA POWER AND LIGHT REFUND RESULTING FROM OVERCHARGE
Mr. Hodge reported that the City of Dover is now in receipt of a check from Delmarva Power and Light in the amount of $610,827.82, which includes the 5% State Utility Tax and all interest to date. The check is the result of a court suit instituted by 69KV users claiming an overcharge by Delmarva Power and Light. The City is now prepared to issue refund checks to Dover Air Force Base in the amount of $232,984.63, General Foods in the amount of $217,252.27 and Scott Paper in the amount of $36,411.51. The balance of $124,179.41 will remain with the City as a part of their 69KV usage and be deposited in the Municipal Street Aid Fund.
EXECUTIVE SESSION
Mr. Witt moved to recess for the purpose of an Executive Session, seconded by Mr. Carey and unanimously carried. The recess was called at 8:36 p.m. and Council reconvened at 9:05 p.m.
ADOPTED OF REVISED EMPLOYEE BENEFITS
After reviewing in executive session the proposed City of Dover Employee Vacation, Sick Leave and Tuition and Training Reimbursement Policies, Council reconvened to consider adoption.
Mr. Weyandt moved to remove the matter from the table, seconded by Mr. Hardcastle and unanimously carried.
Vacation Benefits
Mr. Witt moved to adopt the following City of Dover Employee Vacation Benefits, seconded by Mr. Muir and unanimously carried.
Years of Service Earned Vacation
One (1) year of service - Twelve (12) days (1 day per month)
Eight (8) years of service - Eighteen (18) days (1½ days per month)
Fifteen (15) years of service - Twenty-one (21) days (1 3/4 days per month)
Twenty (20) year of service - Twenty-four (24) days (2 days per month)
Sick Leave Benefits
Mr. Hardcastle moved to adopt the following City of Dover Employee Sick Benefits, seconded by Mr. Bewick and carried by a vote of six (6) yes, two (2) no - Mr. Carson and Mr. McDonough.
In explanation of the two negative votes, Mayor Legates explained that Mr. McDonough had proposed a maximum accumulation of 200 days with Mr. Carson advocating the present level of 130 days.
Days per year 12
Maximum Accumulation 180
Conversion to Pay on Retirement only 130
Tuition/Training Reimbursement Policy
By motion of Mr. Witt, seconded by Mr. Muir, Council unanimously adopted the following Tuition/Training Reimbursement Policy for the City of Dover.
Includes paying for books
City Manager Vacation Benefits
By motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously approved the following City Manager Vacation Benefits.
Zero (0) to Five (5) Years as City Manager - 20 days annually
Five (5) Years and Up as City Manager - 25 days annually
Allowed to hold over five (5) days each year
Council stipulated that the above benefits as adopted will become effective January 1, 1978.
Mr. Witt moved for Council adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 9:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of December 12, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
December 19, 1977
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COUNCIL EXECUTIVE SESSION
DECEMBER 12, 1977
An Executive Session of Council was held on December 12, 1977 to discuss proposed revised City of Dover Employee Benefits. Mayor Legates presided with Councilmen McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick in attendance. Mr. Hodge and Mr. Willis were also present.
Mayor Legates opened the session with a discussion on the following proposed revised City Employee Vacation Policy versus the present policy.
VACATION POLICY
Existing Policy
One (1) year of service - Twelve (12) days (1 day per month)
Ten (10) years of service - Eighteen (18) days (1½ days per month)
Twenty (20) years of service - Twenty-four (24) days (2 days per month)
Proposed Policy
One (1) year of service - Twelve (12) days (1 day per month)
Eight (8) years of service - Eighteen (18) days (1½ days per month)
Fifteen (15) years of service - Twenty-one (21) days (1 3/4 days per month)
Twenty (20) year of service - Twenty-four (24) days (2 days per month)
Mr. Witt moved that the Proposed Vacation Policy be accepted, seconded by Mr. Muir and unanimously carried.
SICK LEAVE POLICY
Existing Proposed
Days per year 12 12
Maximum Accumulation 130 300 (adopted 180)
Conversion to pay on Retirement only 130 130
Mr. Carson reasoned that maximum accumulation of sick leave days should remain as it now exists per his comparisons with other municipalities and stated agencies.
Mr. McDonough stated that he did not feel 300 days to be excessive since several years of service is required for accumulation. Sickness in later years of employment might result in never reaching maximum accumulation before retirement under the present policy.
Mr. Witt moved to accept the Proposed Sick Leave Policy, changing the maximum accumulation of days to 180. The motion was seconded by Mr. Muir and carried by a vote of six (6) yes, two (2) no, Mr. Carson and Mr. McDonough.
TUITION/TRAINING REIMBURSEMENT POLICY
Existing Proposed
Paying for Books No Yes
Under the present policy, employees taking advantage of the Educational Assistance Policy must purchase his or her books. It is proposed that the City of Dover purchase course related books which will revert to the possession of the City after completion of classes or use.
Mr. Witt moved to accept the proposed policy, seconded by Mr. Muir and unanimously carried.
CITY MANAGER’S VACATION POLICY
Zero (0) to five (5) years as City Manager - Twenty (20) days annually
Five (5) years and up as City Manager - Twenty-five (25) days annually
Hold over annually - Five (5) days
Mr. Witt moved for acceptance of the proposed City Manager Vacation Policy, seconded by Mr. Weyandt and unanimously carried.
Executive Session Adjourned at 8:50 P.M.
Respectfully submitted,
William H. Willis
City Clerk
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