REGULAR MEETING
August 8, 1977
The Regular Meeting of Council was held on August 8, 1977 at 7:30 P.M. with Mayor Legates presiding. Council members present were Messrs. McDonough, Muir, Witt, Carson, Bewick and Hardcastle. Councilmen Weyandt and Carey were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. McDonough requested an agenda item to discuss the railroad activity by Conrail on New Burton Road.
The City Clerk requested an agenda item related to a request from the People’s Bank and Trust Company to install a mobile banking unit at Bay Court Plaza.
The City Clerk requested an agenda item to present an annexation request from Mr. Joe burden of 331 State College Road.
Mr. Witt requested an agenda item to discuss a specific time for adjournment of Council meetings.
Mayor Legates requested an agenda item to appoint a committee to discuss County and City computer utilization. He also requested an Executive Session immediately after adjournment.
MINUTES
By motion of Mr. Bewick, seconded by Mr. Hardcastle, Council unanimously approved the Minutes of July 11, 1977, which bore the written approval of Mayor Legates.
MINUTES
By motion of Mr. Bewick, seconded by Mr. Hardcastle, Council unanimously approved the Special Council Meeting minutes of July 26, 1977. The Minutes bore the written approval of Mayor Legates.
RESOLUTION - JOSEPH J. COYLE
By motion of Mr. Witt, seconded by Mr. McDonough, Council by a unanimous roll call vote - Mr. Weyandt and Mr. Carey absent -adopted the following resolution.
WHEREAS, Joseph J. Coyle has served as a member of the Dover Parking Authority from August 24, 1970 to June 30, 1977; and
WHEREAS, Joseph J. Coyle has devoted his time and attention to the important functions of the Dover Parking Authority to the benefit of the residents of the City of Dover and has served well in his capacity as a member of said Dover Parking Authority; and
WHEREAS, Joseph J. Coyle’s term on the Dover Parking Authority expired on June 30, 1977.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their extreme appreciation to Joseph J. Coyle for devoting his undivided attention and rendering his guidance and leadership on behalf of the Dover Parking Authority.
2. The Mayor and Council of the City of Dover wish Joseph J. Coyle success in his future endeavors and express their regret at the expiration of his term of office.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Joseph J. Coyle.
ADOPTED AUGUST 8, 1977
RESOLUTION - ROBERT M. MULLEN
By motion of Mr. Bewick, seconded by Mr. Witt, Council by unanimous roll call vote - Mr. Weyandt and Mr. Carey absent - adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Robert M. Mullen, Electric Consultant Engineer of the City of Dover, who departed this life on July 17, 1977; and
WHEREAS, Robert M. Mullen served as Consultant Engineer for the City of Dover from September 1, 1971 until the time of his death; and
WHEREAS, Robert M. Mullen was hired to oversee the entire construction of Unit #3 at McKee Run Electric Generating Station, which construction involved the expenditure of over twenty-five million dollars, and
WHEREAS, Robert M. Mullen demonstrated his expertise and complete knowledge of electric plant composition as the construction progressed from one phase to another and he became the man most often consulted by the Mayor, Council, Staff and employees of the City of Dover on matters pertaining to construction and generation at McKee Run; and
WHEREAS, Robert M. Mullen will be greatly missed by all in the City of Dover for his calm, reassuring attitude and the vast, invaluable knowledge he possessed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of Robert M. Mullen and extend their deepest sympathy to the widow and family of Robert M. Mullen.
2. That the Mayor and Council of the City of Dover extend their appreciation for the contributions made by Robert M. Mullen when serving as Consultant Engineer of the City of Dover.
3. That the Mayor and Council of the City of Dover direct the Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Robert M. Mullen.
ADOPTED AUGUST 8, 1977
REPORTS
Chief of Police Report for the Month of June
By motion of Mr. Muir, seconded by Mr. Bewick, Council unanimously approved the Chief of Police Report for the Month of June, as submitted.
Building Inspector and Fire Marshal Report for the Month of June
By motion of Mr. Muir, seconded by Mr. Bewick, Council unanimously approved the Building Inspector and Fire Marshal Report for the Month of June.
City Planner Report for the Month of June
By motion of Mr. Witt, seconded by Mr. Muir, the City Planner Report for the Month of June was unanimously approved.
City Alderman Report for the Month of June
The City Alderman Report for the Month of June was unanimously accepted by motion of Mr. Hardcastle, seconded by Mr. Witt. Total fines remitted - $1,346.
General Fund - Cash Receipts Report for the Month of June
The General Fund, Cash Receipts Report for the Month of June was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
General Fund - Budget Report for the Month of May
The General Fund, Budget Report for the Month of May was unanimously accepted by motion of Mr. Muir, seconded by Mr. Bewick.
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 accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Revenue Fund - Budget Report for the Month of May
The Electric Revenue Fund, Budget Report for the Month of May was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Improvement Fund - Cash Receipts and Disbursements Report for the Month of June
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of June was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Mr. Witt noted that a deficit of $200,000 had been forecasted for the fiscal year 1976-77. He commended the City Manager and Staff in substantially reducing the deficit as indicated in the various reports.
Library Fund - Cash Receipts and Disbursements Report for the Month of June
The Library Fund, Cash Receipts and Disbursements Report for the Month of June was unanimously accepted by motion of Mr. Hardcastle, seconded by Mr. Muir.
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. Witt, seconded by Mr. Hardcastle.
Mentioning the absence of the City Manager’s written report, Mr. Bewick felt that Council’s previous comment was to abandon the requirement of reading the entire contents and not to discontinue the report. This was also the general impression of Council.
Mr. Hodge explained that this was a misunderstanding on the part of the City Manager’s office and resumption of the written report would create no problems.
PROPOSED SEWER AND WATER TAPPING FEES
Mr. Hodge referred to the submission of proposed sewer and water tapping fees from the City Manager’s office and requested a referral to Committee.
Mr. McDonough moved to refer the proposed rates to the Utility Committee, seconded by Mr. Muir and unanimously carried.
NEW SENIOR SURREY
Mr. Hodge reported that an order had been placed for a new Senior Surrey, equipped with a side lift for wheel chairs, piggybacking on an order submitted by DAST. The new Senior Surrey will cost $15,400. When received, the total number of Senior Surreys will number five. Delivery of the Surrey is expected to be approximately October 1, 1977.
NEW MODULAR AMBULANCE
Specifications for a new City of Dover modular ambulance have been forwarded to HEW for approval. The new ambulance will be federally funded on a fifty-fifty basis and bids will be solicited upon approval by HEW.
BIDS - PERSIMMON TREE LANE WATER MAIN
The City Manager presented the following bids submitted for the installation of approximately 1,100 feet of water main on Persimmon Tree Lane.
George & Lynch$20,624.00
Seaford Construction Co. 23,340.00
Webbs Construction 23,817.60
Warren Brothers 25,077.80
Engineer’s estimate 18,900.00
It was the City Manager’s recommendation that the bid be awarded to George & Lynch in the amount of $20,624.00.
Mr. Hardcastle moved for the recommendation of the City Manager, seconded by Mr. Muir and unanimously carried.
J.P. COURT #7 REPORT - JUNE
A check was received from J.P. Court #7 for the month of June in the amount of $10,029.06. By motion of Mr. McDonough, seconded by Mr. Bewick, Council unanimously approved the report as submitted.
WILLIAM STREET ABANDONMENT - WEST END
In considering the abandonment of the extreme west end of William Street, adjacent to lands of Conrail, Delmarva Warehouses and the City of Dover Warehouse, Mr. Witt moved for adoption of a resolution that would abandon said portion of William Street, seconded by Mr. McDonough.
Council, by a unanimous vote - Mr. Weyandt and Mr. Carey absent - - adopted the following resolution.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF WILLIAM STREET LOCATED ON THE EXTREME WESTERN SIDE, ADJACENT TO CONRAIL PROPERTY LINE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER:
Section 1. The Council of the City of Dover favors the vacating and abandonment of a portion of William Street more precisely described in the following paragraphs, laid out upon a plot by Reverend Thomas Bradford dated 1870, as an addition to Silver Lake City and recorded in the office of the Recorder of Deeds, Kent County, in Deed Record H-5 Page 133.
All that certain piece or parcel of land constituting a portion of William Street in the City of Dover, East Dover Hundred, Kent County, Delaware, lying at its western terminus, west of but not adjoining Pear Street, and abutting lands of The City of Dover on the south, right-of-way formerly of Delaware Railroad Company now Conrail Railroad on the west, lands of Delmarva Warehouse, Inc. on the north, and the right-of-way of William Street on the east, and being more particularly described as follows, to wit:
Beginning at a point in the southerly line of William Street, 60' wide in line of lands now of The City of Dover warehouse, said point being S 81o 35' W, 343.61' from the intersection of the southerly line of William Street with the westerly line of Pear Street, 60' wide;
Thence, continuing with the southerly line of William Street, and with line of lands of The City of Dover, S 81o 35' W, 142.45' to a point in the easterly right-of-way line formerly of the Delaware Railroad Company, now Conrail Railroad;
Thence, with the easterly right-of-way line of said railroad, parallel to the northbound tracks and at a distance of 29.50' from the centerline of said tracks as measured at right angles thereto, N 27o 04' W, 63.33' to a point at its intersection with the northerly line of William Street;
Thence, running with the northerly line of William Street, and with line of lands of Delmarva Warehouse, Inc., passing through a brick warehouse building, N 81o 35' E; 162.70' to a point at its intersection with the easterly face of said warehouse building;
Thence, crossing William Street, S 8o25' E, 60.00' to the point and place of beginning;
And containing 0.210 acres of land more or less.
Section 2. The Council of The City of Dover will sit on Monday, September 12, 1977, at 8:00 P.M. Eastern Daylight Saving Time, at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware).
Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED AUGUST 8, 1977
PUBLIC HEARING - REZONING OF 879 SOUTH GOVERNORS AVENUE - BAYARD E. SWEETMAN
A public hearing was duly advertised for this time and place to consider the rezoning of 879 South Governors Avenue, owned by Bayard E. Sweetman, equitable owner is Nathan Cohen Realty Company - agent for Dr. Harold Halpern. Mayor Legates declared the hearing open.
Mr. Mike Foster, representing Nathan Cohen Realty Company, was present to speak for the rezoning, explaining that the lot would provide proper parking facilities for a planned professional building.
Mr. Roe reported that the Planning Commission unanimously approved the rezoning, based on the parking requirements and design of the proposed building.
Questioned by Mr. McDonough, Mr. Roe stated that the rezoning request involves the lot adjacent to properties now owned by Dr. Halpern. Conversations with the applicant revealed that the building would be constructed on the lot in such a manner that parking would be provided on the side and in back of the facility.
Mr. McDonough expressed concern for the residents of Bradford Street who might protest this arrangement.
Mr. Roe reminded Council that final site approval of the facilities would be contingent upon the Planning Commission’s decision.
Mayor Legates declared the hearing closed.
Mr. Muir moved for approval of the rezoning, seconded by Mr. Witt. Council by a unanimous roll call vote - Mr. Weyandt and Mr. Carey absent - 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 AT 879 SOUTH GOVERNORS AVENUE.
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 R08 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 from R-8 to RG-0 on that property located at 879 South Governors Avenue, owned by Bayard E. Sweetman.
ADOPTED AUGUST 8, 1977
PUBLIC HEARING - RIGHT TURN ON RED
A public hearing was duly advertised for this time and place to consider an ordinance that would restrict or permit a right on red at certain intersections. Mayor Legates declared the hearing open.
Mr. Jack Costello was present to speak against the adoption of the ordinance, stating that he had observed traffic flowing smoothly since the inception of the law permitting a right turn on red. Pointing out that there have been no accidents at these intersections, it was his feeling that prohibitions at certain intersections would only cause confusion. He pointed out to Council that an earlier poll revealed that two to one of the citizens using the downtown area daily were in favor of a right turn on red.
Asked to comment on the subject, Chief Spence stated that a survey and recommendations were submitted after carefully studying obstructions, pedestrians and vehicular traffic at various intersections. The contents in the ordinance incorporates certain intersections that contain one or all of these hazards. He requested that the ordinance be adopted or denied in tonights meeting to alleviate any future confusion due to local advertisement by the news media.
It was Mr. Bewick’s opinion that Council should delay any action on the ordinance for at least six to nine months, or until the completion of the downtown renovation.
Mr. Witt expressed concern in adopting a temporary ordinance, thinking that other problems might develop due to the downtown renovation.
Chief Spence suggested that the problem might be more prevalent due to increased pedestrian and vehicular traffic in the downtown area after the renovations.
Mayor Legates declared the hearing closed. By motion of Mr. Witt, seconded by Mr. Bewick, Council unanimously denied the ordinance. Mr. Weyandt and Mr. Carey were absent.
PUBLIC HEARING - FOUR WAY STOP - NORTH BRADFORD STREET AND WILLIAM STREET
A public hearing was duly advertised for this time and place to consider an ordinance that would install a four way stop at the intersection of North Bradford Street and William Street. Mayor Legates declared the hearing open.
Mr. John Grady of 424 North Bradford Street was present to speak for the ordinance, stating that vehicles travel at a high rate of speed between Wesley College and William Street. It was his opinion that a four way stop at William Street and Bradford Street would assist in slowing down traffic and alleviate the hazard to children.
Mr. Sidney Groves of 429 North Bradford Street was present to speak against the installation of a four way stop. Mr. Groves presented a petition to this effect, including material from the State and Federal Highway Departments, concerning the pros and cons of a four way stop. The petition contained 41 names of residents in the area.
Mr. Groves pointed out that the studies on four way stops revealed that stop signs are for the purpose of controlling traffic flow and not as a speed deterrent. He suggested that better radar surveillance would assist in controlling speeders.
Chief Spence reported that past radar surveillance in this area had produced little or no results in apprehending speeders.
Mr. Charles LeVecque of 224 North Bradford Street addressed Council for a four way stop at North Bradford and William Streets, citing the example of Mary Street and North Bradford Street. Mr. LeVecque reported that installation of a four way stop at this intersection has noticeably curtailed speeding vehicles with no accidents to date.
Mr. Carson noted that he did not favor stop signs in locations where it is not necessary. Moving such signs causes confusion and sometimes fatal accidents. He suggested more stringent police patrol.
Mr. Bewick moved to table the ordinance for further study. The motion was seconded by Mr. Muir. Council by a vote of five (5), yes (1) no - Mr. McDonough, Mr. Weyandt and Mr. Carey absent, tabled the ordinance.
PUBLIC HEARING - TWO HOUR PARKING - 200 BLOCK-NORTH BRADFORD STREET
A public hearing was duly advertised for this time and place to consider an ordinance that would restrict parking to a two hour limit in the 200 block of North Bradford Street. Mayor Legates declared the hearing open.
Mr. Charles LeVecque of 224 North Bradford Street was present to speak against a two hour parking limit on North Bradford Street. It was Mr. LeVecque’s opinion that the College should furnish parking lots to facilitate parking for students. He also stated that he would like to have the streets swept, but this is made impossible by parking of vehicles for long periods of time.
Mrs. Margaret Conway, of 230 North Bradford Street, was present to state that very rarely are residents afforded the opportunity of parking in front of their own houses. It was her feeling that a two hour parking limit would be of no advantage to citizens living in the 200 block of North Bradford Street unless property owners could be exempt from the ordinance.
Mr. McDonough stated that resident parking stickers was discussed in the Committee meeting but this was not recommended by Chief Spence. It was his opinion that off-street parking furnished by the College should be further investigated rather than place a two hour parking burden on residents.
Questioned by Mr. McDonough, Mr. Roe stated that the College does not furnish adequate parking but have received variances from the Board of Adjustment. In addition, the 34 angled parking spaces in front of Gooding and Williams Hall was permitted by a previous Council.
Dr. Jarvis Cooke, President of Wesley College, was present to present a statement concerning the parking in the area. Referring to the 34 angled parking spaces, Dr. Cooke asked if the two hour parking limit would also apply to these spaces. Assuming that a portion of the parking spaces incorporate public property, Chief Spence stated that the two hour parking limit would apply.
Dr. Cooke expressed opposition to this action and continued with the following prepared statements.
The College agreed with both City Council and the neighbors around the campus that there is a problem in that there are more people utilizing College facilities, thereby bringing more vehicles to the campus than there are parking spaces in the immediate vicinity. However, they felt that the problem is one which is not any different from many other areas in this City where community resources and facilities are greatly utilized.
He reported that the College is conducting a feasibility study at the following locations:
1. A parking lot on Bradford Street, south of Budd Hall.
2. Expansion of the present lot on the corner of State Street and Fulton Street, although he was informed that drainage problems at this location might result in the Planning Commission’s disapproval.
3. Creation of a parking lot in the side yard of Richardson Hall at State Street and Delaware Avenue.
4. Creation of a parking lot between Howe House and the City Park on State Street and Division Street.
He added that any of these lots would provide a limited number of additional spaces and would not be economical for the College.
On the subject of restricted parking, Dr. Cooke stated that there does not appear to be any reasonable method by which certain persons may be given permission to park and others denied that permission without creating an impossible situation. Restricting students from having cars on the campus would simply by discouraging them from registering cars and increase problems in areas away from the campus.
Dr. Cooke also stated that Wesley College has over 600 resident students and 150 employees with an approximate annual payroll of 1.6 million dollars. He felt that this is an important economic factor in the life of the City of Dover and parking restrictions could only have a detrimental effect on money spent in the local area.
In summing up, Dr. Cooke stated that this problem becomes one of what the City’s attitude in policies will be towards individual citizens and their guests parking on public property. He questioned whether any individual citizen should have the right to have exclusive parking in front of their domicile for his or her guest’s exclusive use.
Mr. David Perman was present to speak against at two hour parking limit, stating that the fault lies with the City deviating from zoning ordinances that protect citizens living adjacent to establishments that create parking problems.
He spoke in favor of resident parking stickers, allowing residents to park in front of their homes with a two hour parking prohibition to all others.
Mayor Legates declared the hearing closed.
Mr. Witt moved that the ordinance be denied and that the Safety Advisory Committee continue looking into the parking problems in the City and the possibility of resident parking stickers. The motion was seconded by Mr. McDonough and unanimously carried.
TEMPORARY SIGN ORDINANCE - SIZES AND LOCATIONS
Mr. Roe reported that the Planning Commission recommended denial of an ordinance that would empower the Council to designate sizes and locations of temporary signs for specified periods of time. The Commission also recommended that the temporary sign ordinance remain as written for signs in residential areas.
Mr. Witt moved for the recommendation of the Planning Commission, requesting uniform enforcement of the current ordinances covering signs. The motion was seconded by Mr. McDonough and unanimously carried.
AMBULANCE SERVICE COST STUDY
Mr. Witt reported conversations with Mr. Weyandt who indicated that a cost study had been made by the City Manager’s office for all usage of the ambulance service.
Mr. Witt moved that the cost study be referred to the Legislative and Finance Committee for their recommendations. The motion was seconded by Mr. Bewick and unanimously carried.
REGISTRATION PURGE - MAIL COSTS
City Clerk Willis informed Council that a Voter Registration Purge List has been completed containing over 1,300 names. Although not required by ordinance, a policy to notify registrants by certified mail was established by Council some years back. Since certified letters now cost 98¢ each and the information received is not that helpful to his office, he suggested that the letters be mailed first class at a cost of 13¢.
Mr. Bewick moved for the recommendation of the City Clerk to send the Voter Registration Purge List by first class mail. The motion was seconded by Mr. Witt.
Questioned by Mr. Hardcastle, the City Solicitor concurred with the City Clerk’s recommendation.
By a unanimous vote, Council approved Mr. Bewick’s motion.
REZONING REQUEST - 2 NORTH BRADFORD STREET - RICHARD E. WILSON
A request was received from Richard E. Wilson to rezone property located at 2 North Bradford Street. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Hardcastle, 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 at 2 North Bradford Street are presently zoned for RG-0 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 September 26, 1977 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-0 to C-1A that property located at 2 North Bradford Street, owned by Richard E. Wilson.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 8, 1977
PARKING METERS COVERS - DOWNTOWN MERCHANTS REPORT
Mr. Mike Harrington, Chairman of the parking committee for the Downtown Merchants, was present to report that 72 meters are presently covered in the downtown area. Nine hundred and thirty-six dollars has been paid to the City of Dover for this privilege and another nine hundred and thirty-six dollars will be paid immediately. Mr. Harrington also reported that many compliments have been extended from customers shopping in the downtown area and participating merchants are very pleased. He requested that Council endorse the continuance of this practice.
Mr. Witt was concerned with the confusion of downtown shoppers who are not inserting coins in meters in close proximity to those covered, resulting in a parking violation. He suggested that Council extend the privilege of covering meters for one month, but also study future disposition of meters in the downtown area.
Mr. Witt moved that the consideration of allowing merchants to cover meters be extended for three months on a month to month basis and the Legislative and Finance Committee meet with the Parking Authority to discuss the future of downtown meters. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Witt qualified his motion by stating that Council would only act to change the meter policy if necessary during the three month period.
CORRESPONDENCE
Terry Campus - Request for Endorsement of Funds
A letter from Mr. Gary Frank Petty, of Delaware Technical and Community College - Terry Campus, requested that Council endorse their application for $3,138,884 in Public Works and Employment Act Funds to construct a technical job training laboratory.
Mr. Witt reminded Council that these funds have been disbursed and the request is too late for an endorsement.
Mr. Bewick moved to acknowledge receipt of the letter, notifying Mr. Petty that his letter was received too late for Council to act on his request. The motion was seconded by Mr. McDonough and unanimously carried.
United Cerebral Palsy - Request for Funds
In a letter to Mayor and Council, Mr. R. Roy Rusk, Executive Director of United Cerebral Palsy of Delaware, mentioned that the organization failed to meet the deadline to apply for Revenue Sharing Funds. He requested a grant of $5,300 to enlarge facilities at Camp Lenape and construct a planned in-ground swimming pool.
Mr. Hardcastle moved to acknowledge receipt of the letter and refer the matter to the Legislative and Finance Committee. The motion was seconded by Mr. McDonough.
Mr. McDonough stated the past policy of Council to deny requests not filed in the specified time. Acknowledging this fact, Mr. Hardcastle withdrew his motion, as did Mr. McDonough his second.
Mr. McDonough moved to acknowledge receipt of the letter and deny the request, explaining Council’s policy not to honor requests filed beyond the cut-off date. The motion was seconded by Mr. Hardcastle and unanimously carried.
Disabled American Veterans - Mobile Unit
A letter was received from Mr. Dwight H. Marshall II, National Service Officer for the Disabled America Veterans, thanking the City and Mr. James for the cooperation extended to locate a mobile field service unit in the Capital Complex.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Bewick and unanimously carried.
Governor’s Mansion - Directional Signs
A letter was received from Nancy C. Chirdon, Administration Assistant to Mrs. DuPont, requesting permission to erect two directional signs on Route #13, north and south of Division Street, one sign on Division and a sign directly in front of the Governor’s House for the purpose of leading visitors to the Governor’s Mansion on Kings Highway.
Mr. Witt moved to authorize the City Manger and City Planner to approve the placement of the signs. The motion was seconded by Mr. Bewick and unanimously carried.
CONRAIL - SWITCHING ACTIVITIES AND CHEMICAL STORAGE
Mr. McDonough alluded to the increased activity by Conrail on the tracks adjacent to Crossgates and Mayfair, which has become very annoying especially in the late evening and early morning hours. This is due mainly to the switching of railroad cars. The above coupled with the recent incident of a leaking ammonia tank car, seem to be reason for Council to take action to alleviate future activity in the area.
He also stated that there was some question on the necessity of Robbins Hose Company to evacuate adjacent apartments due to the presence of ammonia fumes.
Mayor Legates requested that Chief Kemp inform Council of the particulars concerning the incident. Chief Kemp reported that the Fire Company was called to the scene by the Police Department after detecting the strong presence of ammonia fumes while in their closed car. Although only partially filled, the heat of the day had caused vaporization of fumes that in turn were released from the relief valve. Water was applied to the car to lower the temperature of its contents.
Further conversations with tenants and adjacent apartments revealed presence of the fumes on the third floor, resulting in a decision to evacuate two buildings which Chief Kemp felt was for the safety and well being of the residents and not an over reaction on his part.
Fire Marshal Roe concurred with the decision when questioned by Mr. McDonough.
By motion of Mr. McDonough, seconded by Mr. Bewick, Council adopted the following resolution.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET ON AUGUST 8, 1977 AS FOLLOWS:
1. That is has come to the attention of the Mayor and Council of the City of Dover that the increased activity of shifting and moving of railroad cars and equipment by Conrail late in the evening and early in the morning has been very disruptive to the quiet peace and enjoyment of occupants of residential properties adjoining the railroad. The Mayor and Council of the City of Dover request that Conrail restrict this activity to the barest minimum possible between the hours of 10:00 P.M. and 6:00 A.M. so that residents adjoining the railroad are not disturbed during these hours.
2. That it has come to the attention of the Mayor and Council of the City of Dover that toxic and harmful chemicals have been stored in cars on the railroad adjacent to residential areas. The Mayor and Council request that Conrail immediately desist from leaving cars carrying toxic or harmful chemicals on the railroad adjacent to residential areas since the same is obviously dangerous to the health and welfare of residents of the City of Dover.
3. That the Mayor and Council of the City of Dover go on record as supporting the increased activity and use of the railroad by Conrail and encourage such use so long as the same is not disruptive to the quiet and peaceful enjoyment of residents owning properties adjoining the railroad and is not causing a nuisance or hazard to residents living and occupying properties adjoining the railroad.
4. That the City Clerk is directed to distribute this resolution to Conrail and to the other public officials more particularly set forth in the directions of Council filed in the minutes of August 8, 1977.
ADOPTED AUGUST 8, 1977
PEOPLES BANK - TEMPORARY MOBILE BANKING FACILITY
A letter from Mr. John O. Williams, President of the Peoples Bank and Trust Company, requested permission for the use of a mobile banking unit at Bay Court Plaza, during the construction of a permanent facility.
Mr. Hardcastle moved to refer the matter to the Planning Commission for a recommendation to Council in their meeting of September 26, 1977. The motion was seconded by Mr. Bewick and unanimously carried.
ANNEXATION REQUEST - JOSEPH BURDEN - 331 STATE COLLEGE ROAD
A request was received from Mr. Joseph Burden to annex his property located at 331 State College Road.
Mr. McDonough moved to refer the annexation request to the Utility Committee for recommendation to Council. The motion was seconded by Mr. Muir and unanimously carried.
CUT-OFF TIME FOR COUNCIL MEETINGS
Mr. Witt reported conversations with officials from neighboring cities who have adopted a policy to incorporate a specific time to adjourn Council meetings. Any unfinished business is considered in a meeting the following evening.
Mr. Witt moved to refer this matter to the Legislative and Finance Committee for consideration and recommendation to Council. The motion was seconded by Mr. Carson and unanimously carried.
APPOINTMENT OF COMPUTER COMMITTEE
Mayor Legates appointed the Legislative and Finance Committee, Mr. Muir, Mr. McDonough and Mr. Witt, to meet with County officials to discuss the possibilities of a merger or joint use of the City-County computer system.
Mr. Hardcastle moved to concur with Mayor Legates’ appointment, seconded by Mr. Bewick and unanimous carried.
Mayor Legates adjourned the Council Meeting to convene in an Executive Session.
MEETING ADJOURNED AT 10:10 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 8, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
August 15, 1977
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