REGULAR MEETING
September 27, 1976
The Regular Meeting of Council was held on September 27, 1976, at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt and Harris. Councilman Bewick was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
PRESENTATION - COLONEL HAROLD H. HESTER - D.A.F.B. COMMANDER
Mayor Legates presented Colonel Harold H. Hester with a plaque inscribed with the seal of the City of Dover and depicting the dates of his tenure as Dover Air Force Base Commanding Officer.
Mayor Legates praised the relationship which the City has enjoyed during Colonel Hester’s tenure as Mayor of Dover Air Force Base. In recognition thereof, an Honorary Certificate of Citizenship of the City of Dover was extended to Colonel and Mrs. Hester.
In addition, the Mayor presented a plaque to Colonel Hester with the insignia of a Fire Chief. The inscription depicted Colonel Hester’s outstanding leadership as a base Commander and personal friend.
MINUTES
The Minutes of the Regular Council Meeting of September 13, 1976 were accepted and bore the written approval of Mayor Legates.
WILLIAM C. WRIGHT - USE OF DELAWARE YOUTH CENTER
Mr. William C. Wright addressed Council concerning the proposed use of the Delaware Youth Center on Water Street, as a facility to house adult prisoners. Mr. Wright pointed out the inadequacies of the structure as an adult penal facility and felt that monies appropriated toward refurbishment would be wasted. He urged City Council to adopt a resolution that would oppose the implementation of any plan to utilize the Dover Youth Center as a penal institution.
A petition containing forty-two (42) names from residents of Queen Manor Apartments and another petition containing four hundred and thirty-five names from area residents, were presented to the Mayor. The petition disapproved of using the Delaware Youth Center as a confinement area for adult male criminal offenders.
Dr. Emil Sammak was scheduled to speak for the use of the building as a penal correction facility, but was absent.
Mayor Legates requested a show of hand vote from the citizens present, indicating opposition to the proposed use of the DYC building. Twenty-one, of approximately thirty-five in attendance, indicated opposition.
Mr. Witt moved, seconded by Mr. Weyandt, that the following resolution be adopted and forwarded to the Governor, Members of the Legislature and Mr. James T. Vaughn.
WHEREAS, the proposed use of the Delaware Youth Center has been protested by four-hundred and seventy-seven residents of the City of Dover, and
WHEREAS, the Citizens of Dover in that particular area have petitioned and requested other uses for the Delaware Youth Center.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City of Dover Council, by a unanimous vote, encourages the Governor of the State of Delaware and his staff, to recommend other State uses for the Delaware Youth Center located at 300 Water Street and under no circumstances utilize this facility to house adult prisoners.
ADOPTED SEPTEMBER 27, 1976
By a roll call vote of six (6) yes, Mr. Hardcastle declared a conflict of interest and abstained, Council approved the resolution. Mr. Bewick was absent.
Mr. Perman moved that a letter be directed to Governor Tribbitt, asking him to make his intentions known on the use of the Delaware Youth Center, which Mr. Keve wants to use to house adult prisoners, prior to election day. Mr. Perman stated that the Governor or a representative should be invited to the next Council Meeting to present an answer.
Mayor Legates stated that he would not be a party to inviting the Governor to the Council Chambers. He left this decision to Council if they so desired.
Mr. Witt seconded Mr. Perman’s motion.
Mr. Weyandt referred to Mr. Wright’s presentation which contained the statement that Governor Tribbitt has halted any plans for the Youth Center until the Acting Director of Corrections could make a study of the facility and report back. With this in mind, he suggested that Mr. Perman’s motion should state that a representative of the Governor’s office be invited to Council after the study is complete to present the results of the study.
Mr. Perman felt that timing is essential and the future plans for the center should be made known prior to the election date.
Mr. McDonough stated that he did not feel Council should ask a Governor to make a decision on an item that has political impact before an election. He opposed the fact that Council should become involved in political issues and did not appreciate some prior statements made that contained political overtones.
Mr. Harris related to Council being presumptuous in telling the Governor of the State of Delaware when to make a decision and how. He did not feel that it was right to presume that a Governor’s decision on an issue could be swayed for political reasons during an election year.
Mr. McDonough stated that he did not feel Council should ask a Governor to make a decision on an item that has political impact before an election. He opposed the fact that Council should become involved in political issues and did not appreciate some prior statements made that contained political reasons during an election year.
Mayor Legates supported Mr. Harris’ philosophy and Mr. McDonough’s, stating that he did not want Council to become a political forum.
By a roll call vote of two (2) yes, Mr. Perman and Mr. Witt, and five (5) no, Mr. Bewick was absent, Council defeated Mr. Perman’s motion.
REPORTS
Chief of Police Report
The Chief of Police report for the month of August was accepted by motion of Mr. Weyandt, seconded by Mr. Hardcastle.
City Planner’s Report
The City Planner’s report for the month of August was deleted and will be presented on October 25th.
City Alderman’s Report
The City Alderman’s report was accepted for the month of August by motion of Mr. Witt, seconded by Mr. Weyandt.
Cash Receipts, General Fund
The Cash Receipts, General Fund, for the month of August was accepted by motion of Mr. Witt, seconded by Mr. Weyandt.
Budget Report, General Fund
The Budget Report, General Fund, for the month of July was accepted by motion of Mr. Witt, seconded by Mr. Muir. Mr. James pointed out an error on the Budget Report where the figures for “Contribution to Pension Fund” and “Parking Authority” should be reversed in entirety.
Cash Receipts, Electric Fund
The Cash Receipts, Electric Fund, for the month of August was accepted by motion of Mr. Muir, seconded by Mr. Weyandt.
Budget Report, Electric Revenue Fund
The Cash Receipts, Electric Revenue Fund, for the month of July was accepted by motion of Mr. Witt, seconded by Mr. Weyandt.
Cash Receipts, Electric Improvement Fund
The Cash Receipts, Electric Improvement Fund, for the month of August was accepted by motion of Mr. Perman, seconded by Mr. Witt.
City Manager’s Report
The City Manager reported that work will begin on the Mifflin Road sewer interceptor and 12" water line loop on September 7th and completed by December 10, 1976.
Bids were received to locate a new well at Division and Kirkwood Streets, however, the possibility of this well being moved to a location on the treatment plant site is being explored.
Unit #5 at McKee Run will be out of service for the first year inspection beginning October 11, 1976.
Mr. Hardcastle moved for acceptance of the City Manager’s Report, seconded by Mr. Muir and carried.
Mr. Perman thanked the City Manager, his staff and the State for an excellent job in correcting the drainage problems on Walker Road at the school ditch.
J.P. COURT #7 REPORT
A check was received in the amount of $6,263.36 for the month of August with no deferred payments reported. Mr. Weyandt moved for acceptance of the report, seconded by Mr. McDonough and carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 22, 1976 at 7:30 A.M. with Mr. Muir presiding.
Mr. Ted Ressler, Executive Director of the YMCA, was present to outline the financial status of the NYPUM program and renew his request for additional funds.
After consideration of Mr. Ressler’s request, the Committee recommended that $3,500, presently unallocated in Revenue Sharing Funds, be granted to the YMCA.
Mr. Weyandt reminded Council of past discussions that indicated the $3,500 would be used for matching funds on a county grant to furnish lighting for tennis courts at the City of Dover Park and Recreation area.
Mr. McDonough explained that Mr. Ressler had stated that the YMCA would not request further funding from the City after this grant. A requirement of the NYPUM program states that it must be funded by local service organizations.
Mr. Witt referred to a motion made during the August 23rd meeting which tabled the YMCA request for $6,000 to fund the NYPUM program.
Mr. Hardcastle moved to remove the matter from the table, seconded by Mr. McDonough and carried.
Further discussion revealed that the City Manager has obtained $5,000 from Kent County which is earmarked specifically for tennis court lighting.
Mr. Hardcastle moved that the $3,500 be granted to the YMCA for the NYPUM program, as recommended by the Legislative and Finance Committee, seconded by Mr. McDonough. The motion was carried.
The Legislative and Finance Committee report was accepted by motion of Mr. Hardcastle, seconded by Mr. Weyandt.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 23, 1976 with Chairman Harris Presiding.
In considering the ramifications of enforcing the City’s trailer ordinance and furnishing water and sewer to those who front where utilities exist, the Committee delayed a recommendation to Council until additional information could be compiled.
A tentative date of October 14th at 10:30 A.M. was set for the Committee to meet with the City Solicitor in attendance.
The City Manager informed Council that his survey of property owners on Fox Hall Drive, concerning proposed annexation, indicates four (4) for annexation and seven (7) against annexation.
Mr. Weyandt moved to accept the report of the Utility Committee, seconded by Mr. Muir and carried.
PUBLIC HEARING - ARTICLE 8, SECTION 1 - STATE OF DELAWARE CONSTITUTION
A public hearing was duly advertised for this time and place to consider the adoption of Article 8, Section 1, of the State of Delaware Constitution. Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
Mr. Perman moved to approve the ordinance as written, seconded by Mr. Witt. Mr. McDonough questioned the absence of a requirement for public hearing in the ordinance. After discussion, it was the general feeling that a public hearing would be held when deemed necessary by Council.
By a roll call vote of seven (7) yes, Mr. Bewick absent, Council adopted the following ordinance.
WHEREAS, the Constitution of the State of Delaware, Article VIII, Section 1, provides that municipalities of the State of Delaware shall have the authority to exempt real property situated in the municipality from municipal property taxes when in the opinion of the said municipality it will best promote the public welfare; and
WHEREAS, the Mayor and Council of the City of Dover have determined that it would be in the best interest of the City of Dover to enact an enabling Ordinance to implement the aforesaid Section of the Delaware Constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover hereby enact this enabling Ordinance pursuant to the Delaware Constitution Article VIII, Section 1, which gives the authority to the municipalities of the State of Delaware to exempt real property within the municipality from municipal property taxes when in the opinion of said municipality it will best promote the public welfare.
2. That the Council of the City of Dover shall be the sole and final authority and shall have the power to exempt real property located within the City of Dover from municipal property taxes when in the opinion of Council the same will best promote the public welfare.
ADOPTED SEPTEMBER 27, 1976
PUBLIC HEARING - AUTHORITY - CITY OF DOVER SECURITY FORCE
A public hearing was duly advertised for this time and place to consider an ordinance that defines the authority of the City of Dover Security Force in enforcing ordinances and issuing summons on City property. Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence.
A discussion followed in which it was reiterated that the Security Force only has jurisdiction, basically in City parks, other City property, but no so called City streets, where motor vehicle violations are observed. Mayor Legates declared the hearing closed.
Mr. Hardcastle moved to approve the ordinance, as written, seconded by Mr. Muir.
By a roll call vote of seven (7) yes, Mr. Bewick absent, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. In order to protect the property of the City of Dover and to prevent damage to the same by theft and vandalism and in order to promote the health, safety and welfare of the citizens of the City of Dover it is deemed necessary to have security officers appointed by the City of Dover.
2. These security officers shall be selected by the City Manager and shall be appointed by him in such number and for such term and for such compensation as determined by the City Manager.
3. Security officers appointed by the City Manager may be terminated by him in his sole and absolute discretion.
4. The jurisdiction and authority of all security officers appointed by the City Manager shall be confined to City owned property where they shall have the power to enforce all ordinances of the City of Dover and to issue summons for the arrest of all persons violating City ordinances on City owned property.
ADOPTED SEPTEMBER 27, 1976
SECOND REVIEW - VOTER REGISTRATION PURGE
Mr. Willis presented the second review of the Voter Registration Purge and reported as of Friday, September 24, 1976, 50 persons had renewed their registration as a result of the purge. All persons on the list will be removed from the official registration books, except those who have appeared and renewed same.
Mr. Hardcastle moved the accept the purge list as presented by the City Clerk, seconded by Mr. Witt and carried.
The City Clerk submitted the following names for appointment as registration officials for the City of Dover. Mrs. Lorraine Green, Mrs. Dee Mears, Mrs. Judy Miller and Mrs. Debrah Bittner (Secretary, City Clerk).
Mr. McDonough moved to accept the names as submitted by the City Clerk, seconded by Mr. Weyandt and carried. Mayor Legates thanked the members of the League of Women Voters for their interest in the City’s registration drive.
REPORT AND RECOMMENDATION - ADOPTING REGISTRATION BY MAIL
In a report to Council expressing his views, the City Clerk recommended that Voter Registration by mail, not be considered during 1976. His reasons, as stated, covered the areas of validation, due to the fringe boundaries of the corporate limits, the cost of each registration using methods relative to State guidelines and possible unforeseen problems that could be avoided by gaining from the experiences of other State and Municipal registration offices.
Mr. Perman sited the difficulties and confusion of dual registration and stated that registration by mail should be instituted as soon as possible to make registration less difficult for the public. He felt that the City should press on, regardless of certain problems, be printing the forms in readiness for registration by mail in November and December.
Mr. Hardcastle moved to accept the City Clerk’s recommendation of delaying registration by mail for the year 1976. The motion was seconded by Mr. Muir.
Mr. Witt questioned the liability of a Councilman who might sign a request form for registration and distributes that form to a person who professes to live in the City, but really resides outside the corporate limits.
By a roll call vote of five (5) yes, one (1) no, Mr. Perman, (Mr. Harris and Mr. Bewick absent), Council voted not to institute Registration By Mail for the year 1976.
ADDITIONAL VOTER REGISTRATION DATES - PLACES
The City Clerk recommended October 22nd and 23rd, from 10:00 A.M. to 9:00 P.M. at the Blue Hen Mall, as a time and place to hold additional City of Dover voter registration. The League of Women Voters will be present to assist.
Mr. Witt moved that the above dates be accepted, seconded by Mr. McDonough and carried. Mr. Harris and Mr. Bewick were absent.
Mr. Willis also recommended holding voter registration at the Blue Hen Mall on December 18th and December 22nd between the hours of 10:00 A.M. and 6:00 P.M.
In addition, he requested Council to delegate authority that would give the City Clerk the prerogative of choosing other dates, times and places to hold registration, as provided in Sections 11.4 and 11.5 of the Municipal Code.
Mr. Witt moved in favor of the proposed dates and the delegation of authority, seconded by Mr. Hardcastle and carried. Mr. Harris and Mr. Bewick were absent.
LIABILITY INSURANCE - MAYOR AND COUNCIL
Mr. Perman suggested that liability insurance for Mayor and Council be considered. The City Manager stated that he had already initiated an inquiry, but would like the authority of Council to proceed further.
Mr. Perman moved to permit the City Manager to determine the cost of liability coverage for Mayor and Council. The motion was seconded by Mr. Hardcastle and carried. Mr. Harris and Mr. Bewick were absent.
FEDERAL FUNDS AVAILABLE FOR CITY IMPROVEMENTS
Mr. Perman related to federal funds available for Municipal Capitol Improvements Programs. He suggested that part of these funds could be used to construct a municipal swimming pool, if in fact, it falls in an allowable category.
Mr. James stated that a pool was an allowable category, providing it was approved by the Federal Government and constructed on City property.
Mayor Legates suggested that a priority list should be established, if indeed the monies applied for could be used for this purpose. He reminded Council that the cost of a pool would reduce the original amount, earmarked for downtown revitalization, by fifty percent.
Mr. Perman agreed on a priority list if the funds are not applicable to the revitalization of downtown.
It was suggested that this matter be delayed pending a complete report from the City Manager on specific allowable uses of the funds.
PLANNING COMMISSION - NEW RESTAURANT - ROUTE #13
Mr. Perman commented on a recent Planning Commission decision to allow an additional restaurant on U.S. Route #13 within the City limits. It was his opinion that they exercised bad judgement primarily because of the existing traffic problems. It was his desire that the Planning Commission would heed the voices of the public in their decision making.
In addition, he felt that site approval hearings should be public with adjacent property owners notified by mail and the developer bearing that cost. This would apply to conditional use requests also.
It was Mayor Legates’ opinion that Council should not be in the business of controlling commerce. As stated by the solicitor, Council could not deny zoning, if State and City requirements were met, regardless of the type of business.
Mr. Perman felt that it could be denied on the basis of creating a traffic hazard. He further recommended that the Planning Commission examine the code that permits a property owner to install concrete patios, driveways, etc., without restriction of front, back or side yard setbacks.
Mr. McDonough moved, seconded by Mr. Perman, that the following recommendations be referred to the Planning Commission for their consideration.
1. To require public hearings before the Planning Commission for Site Approval plans. Also, for Conditional Use and Site Approval hearings, certified letters be mailed to property owners within 150 feet with notice of a Conditional Use or Site Approval hearing. Cost to be borne by the applicant.
2. To enact an ordinance which restricts the building of patios and driveways in residential zones to be within the back and side yard requirements.
Mr. Witt, in opposition, stated that the Planning Commission is a separate body that recommends to Council and establishes their own guidelines. He felt that this would be a reverse of a procedure that has been established.
On a voice call vote, Council approved the referrals. Mr. Witt voted no. Mr. Harris and Mr. Bewick were absent.
SIDEWALK ORDINANCE 28 - 24
Mr. Perman referred to a call received from a merchant concerning City Ordinance 28-24 which provides that tenants and/or owners and merchants shall keep sidewalks clean. The merchant stated that his sidewalk business was a substantial part of his income. If forced to remove merchandise displayed on sidewalk, he may have to leave the Loockerman Street area.
Mr. Perman asked the intent of the ordinance and if it should be enforced or modified. The City Solicitor stated that the liability, in case of injury of pedestrians, would be that of the City.
After a lengthy discussion, there was a general consensus of opinion, that deviating from the ordinance as written, might discriminate against other merchants. The area of liability risks to the City was also greatly considered.
PROCLAMATION - DOVER CHAPTER - S.P.E.B.S.Q.S.A. INC.
Mayor Legates presented a letter from John S. Charlton, Bulletin Editor, for the Society For the Preservation and Encouragement of Barber Shop Quartet Singing in America, Dover Chapter. The letter offered City Council an opportunity of purchasing an advertisement in the First Annual and Charter Night Show program.
Mr. Witt moved for acknowledgment of the request, seconded by Mr. McDonough and carried.
Mayor Legates, upon suggestion of Mr. McDonough referred the matter of purchasing all advertisements, to the Legislative and Finance Committee. The Committee was requested to recommend a plan whereas the City Manager would be empowered to purchase advertisements.
The following was signed by Mayor Charles A. Legates, Jr., proclaiming the week beginning October 11, 1976 as Barbershop Singing Week.
WHEREAS, a group of interested Citizens have Incorporated THE FIRST STATE CHORUS to add the Barbershop Style of Singing to Dover Cultural Life, and
WHEREAS, THE SOCIETY FOR THE PRESERVATION AND ENCOURAGEMENT OF BARBERSHOP QUARTET SINGING IN AMERICA, INC., has seen fit to Charter this Corporation as a Licensed Chapter, and
WHEREAS, Barbershop Singers from all six Chapters of the DEL-MAR-VA Peninsula will be assembling in Dover, Delaware on the 16th of October at the Dover Middle School Auditorium, and
WHEREAS, Chapters of The Society for the Preservation and Encouragement of Barbershop Quartet Singing in America, Inc., 37 Thousand Members Strong is proud to have adopted the Institute of Logopedics of Wichita, Kansas as its International SERVICE Project. They are recognized not only for their Cultural Contributions, but also for their Community Service and Charitable Activities in Supporting organizations fighting Communications Disorders, and
WHEREAS, This American Style of Singing deserves to be preserved as an integral part of our American Heritage during our Bicentennial Year, and
WHEREAS, If a Worthy Organization of this Type, is to realize its full potential within the Community, it needs and deserves the whole hearted support from citizens, the business community, and the governing bodies, and
NOW, THEREFORE, I Charles A. Legates, Jr., Mayor of the City of Dover, Delaware, do hereby PROCLAIM the week beginning October 11, 1976 as BARBERSHOP SINGING WEEK, and encourage ALL Citizens, Businesses, Industries, Civic, Social and Fraternal Organizations and Associations to join with me this week and ASSEMBLING October 16, 1976 at the Licensing Show to pay tribute to past Charitable and Community Services Accomplishments of SPEBSQSA, INC., and to help our local Dover Chapter to Develop, Grow in Quality and Members, and Succeed in our Dover Community.
IN WITNESS THEREOF: I have set my hand and seal on this, the 27th day of September, in the Year of Our Lord, this Nineteen Hundred Seventy Six, and the Independence of the United States of America the Two Hundredth Year.
CHARLES A. LEGATES, JR. - MAYOR
R.D. BEWICK STATEMENT - DELAWARE YOUTH CENTER
By motion of Mr. Hardcastle, seconded by Mr. Witt and carried, the following statement, due to absence, was issued by Councilman R.D. Bewick.
“At the September 13, 1976 Dover City Council Meeting, Mr. Paul W. Keve informed the Mayor and Council of the State’s plan to convert the Delaware Youth Center into an adult prison. That was the first announcement to Council of the State’s decision of this item.
Apparently this plan has been adopted for some time since Mr. Keve stated that the General Assembly has appropriated some $100,000 for renovations to the Dover prison facility.
Since the Council meeting, I have talked to many Dover residents int eh 1st District who are very concerned and alarmed about the pending re-conversion of the Water Street facility to an adult prison.
I am appalled that such a decision is made without first discussing it with the local elected officials in Dover and without holding a public hearing to get input from the affected residents in the area. The area surrounding the Dover prison was drastically changed since the prison was originally built and the location is not appropriate for such a use today.
It is suggested that the citizens of Dover contact our State Senators and Representatives and urge their support in stopping the renovations and also the plan to utilize the facility for prisoners of any age. With the many security problems facing any penal institution, a highly populated area is not a proper location for such a facility. There has to be a better use for the buildings and grounds of the Water Street site and I believe a study should be made jointly by the State and City to determine the proper use.”
REPORT - CITY MANAGER - MCKEE RUN GENERATION
Mr. James reported that McKee Run completed its first year as an interconnected generating station on August 31st at 2400 hours.
During this period, unit #3 generated 451,179,800 kilowatt hours, burning 27,590,196 gallons of #6 fuel oil, while operating 7,952.6 hours out of a possible 8,784 hours, for an operating percentage of 90.5 percent.
Total income, through the PJM for the first year of interconnection was $3,364,014.74.
DOWNTOWN REVITALIZATION
Mr. James has filed the necessary forms with the State of Delaware for funds related to the revitalization of downtown Dover. He now has the necessary federal forms, however, the government will not accept any forms until the funding has passed congress and signed by the President.
Conversation with the federal representative indicates that it will be necessary to have completed 75 to 80 percent of the engineering plans.
The State has agreed to relinquish all claim of City streets maintained by them which will be acceptable according to the federal representative. This will enable the City to apply directly for the funds.
The drawback at present is the unavailability of funds for engineering the proposed improvements downtown. Mr. James gave a broad estimate of $15,000 to $20,000 for the engineering. If the downtown merchants cannot provide this money, Mr. Perman stated that the City should strive to come up with an alternative plan.
In accordance with State law, it was suggested that the City Manager select the qualified engineering firms, acquire a price for the proposed revitalization, in preparation for a recommendation to Council.
USE OF ECONOMIC GROWTH FUNDS - SAULSBURY ROAD
Mr. James informed Council that he had received a letter from the State Highway Department asking permission to utilize Economic Growth Funds to complete work now in progress on Saulsbury Road. The funds, although in the possession of the department, cannot be used unless released by the City of Dover for specific roads and are known as Urban Assistance Funds.
It was Mr. James’ recommendation, that he release these funds in a letter to the Highway Department.
Mr. Witt moved for the recommendation of the City Manager, seconded by Mr. Hardcastle. The motion was carried.
REQUEST - FIRE CAPTAIN - ROBBINS HOSE COMPANY
The City Manager received a letter from the Robbins Hose Company, requesting that Sections 2-50, 2-52, 2-54, 2-55 and 2-63 of the Municipal Code be amended to provide and add the office of “Fire Captain”.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council directed the City Solicitor to prepare the necessary amendments to the ordinance.
Mr. McDonough moved that a public hearing be set for October 25, 1976 at 8:00 P.M. and directed the City Clerk to advertise the hearing. The motion was seconded by Mr. Weyandt and carried.
ADVERTISEMENT - CAMDEN-WYOMING LITTLE LEAGUE
Mr. James received a call from Mr. McDonough in July 1976, stating that the Camden-Wyoming Little League was having the Eastern Region, Mid-Atlantic Division, Senior League Tournament in their park.
Mr. McDonough was asked by the League, if the City of Dover would place an advertisement in their program. Due to the lack of time, and a prior formal request by the League, it was necessary to have an answer before the next Regular Meeting of Council.
Mr. James informed Mr. McDonough that he did not have authority to authorize such an expenditure. However, if Mr. McDonough chose to have the League insert an advertisement, with the understanding that it was at the League’s risk, he could do so. This was prefaced by Mr. James, by informing Mr. McDonough that the League would not receive payment if Council disapproved the expenditure. This was conveyed to the League by Mr. McDonough.
The City Manager informed Council that the advertisement was inserted and he had received the bill for $100.00.
Mr. McDonough affirmed the City Manager’s statements, reiterating that the League was informed of the risk of non-payment if inserted prior to Council approval. He reminded Council that an advertisement was purchased last year.
Mr. McDonough moved that Mr. James be authorized to pay the bill in the amount of $100.00. The motion was seconded by Mr. Perman.
Mr. Witt expressed disapproval that Mr. McDonough made the motion and also for making a motion to pay a bill after the fact.
Mayor Legates briefed a letter from Mr. Bewick in which he disapproved of Council retroactively approving such an improper action or commitment. Mr. Bewick also referred to an article in the ‘Newsweek’, relative to this matter.
Mr. McDonough pointed out the discrepancies in the articles.
Mr. Witt called for the question. By a roll call vote of three (3) yes, Mr. McDonough, Mr. Hardcastle and Mr. Perman and three (3) no, Mr. Weyandt, Mr. Muir and Mr. Witt, the motion was defeated. Mr. Harris and Mr. Bewick were absent.
Mr. Weyandt stated that he knew the bill was incurred in good faith but he thought it was a matter of principle that should be upheld.
Mr. Witt moved that the City of Dover donate $100.00 to the Camden-Wyoming Little League. Mr. Perman seconded the motion, with an amendment that the $100.00 be in lieu of the $100.00 advertisement that the City did not take in the program. Mr. Witt did not accept the amendment. The motion remained as stated by Mr. Witt.
By a roll call vote of three (3) yes, Mr. Hardcastle, Mr. Perman and Mr. Witt, three (3) no, Mr. McDonough, Mr. Weyandt and Mr. Muir, the motion was defeated. Mr. Harris and Mr. Bewick were absent.
STATE HOUSE ANNEX DEDICATION
Mayor Legates informed Council that they were invited to attend the dedication of the State House Annex on October 4, 1976 at 12:00 noon. The invitation was extended by Mr. Francis O’Neill, City Engineer. The building will be named in honor of Mrs. Margaret O’Neill, Mr. O’Neill’s mother.
HALLOWEEN DATE
Mayor Legates stated that a Proclamation will be prepared for the October 11th meeting and will proclaim that Halloween will be observed on October 30th. Trick or Treat will be limited to the eve of the aforesaid date, terminating at 9:00 P.M.
Meeting Adjourned at 11:14 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 27, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
October 4, 1976
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