REGULAR MEETING
August 23, 1976
The Regular meeting of Council was held on August 23, 1976, at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt, Harris and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
Mayor Legates informed Council that Congressman DuPont had accepted an invitation to speak tonight, contingent upon the business of the House of Representatives in Washington. Governor Tribbitt regretfully declined the invitation due to a previous commitment. However, the Governor extended an invitation to Mayor and Council to meet in his office at their convenience.
Mayor Legates requested a suspension of the rules to recognize Congressman DuPont, at the time of his arrival.
MINUTES
The Minutes relating to the Council Meeting of August 9, 1976 were accepted as submitted and bore the written approval of Mayor Legates.
REPORTS
Concerning the illegal parking of trailers in residential areas, Mr. McDonough asked how often checks are conducted by the department and if the problem of enforcement has been resolved.
Chief Spence replied that approximately three checks have been conducted since May and lists submitted to Mr. Roe’s office for enforcement under the Zoning Code. Out of a twenty square mile area, only ten violations were sited.
Mr. McDonough stated that it is an ordinance that should be enforced and suggested a monthly check.
The Chief of Police Report for the Month of July was accepted.
CONGRESSMAN DUPONT - TRAFFIC PROBLEMS OF DOVER
Congressman Pete DuPont was introduced by Mayor Legates and invited to comment on his views of the traffic problem in Dover, on U.S. 13.
In his opening remarks, Congressman DuPont stated that ten years ago Route 13 carried 28,000 vehicles daily. Today, the average count is 38,000. Peak hour traffic is now to the limit of the highways capacity. Under todays rate of increase, it is estimated that the daily vehicular traffic count in 1985 will approach or exceed 50,000.
He reminded Council that a north-south toll road is dead, due to the Transportation Reorganization Act. In compliance with this act, existing revenues are available only for existing turnpikes.
A Dover By-Pass would mean spending 40 to 50 million dollars out of the taxpayers pockets. If constructed to the west, many acres of prime Delaware farmland would be consumed, Congressman DuPont stated. He stated that this is a community problem and should be solved with community input.
There seems to be no opportunity of resolving the problem without a major financial reconsideration. He further commented that at the present time, a West Dover By-Pass is not feasible.
Congressman DuPont suggested that the next Governor form a citizen commission, with representation from industry, agriculture, the City of Dover, the County and the State of Delaware. Nine weeks after the upcoming election would be an excellent time to start solving the problem, he said. In taking office in January, he would move to form such a commission with representation from the City of Dover.
Councilman Witt expressed a desire by Mayor and Council to assist in anyway possible to facilitate at least some relief from the problem on U.S. 13.
Councilman Perman asked if he was correct in assuming since the State does not have the funds to build a by-pass, the money would be raised by private individuals.
Congressman DuPont answered negative, explaining if the road could be built as part of the north-south toll road, then it would be paid for by the users of the highway.
With a toll road being out of the picture, because of the Transportation Reorganization Act, the other alternative would be to find Sixty Million Dollars in the next State Bond Bill. Since the State now has a limitation of some Twenty-Seven Million Dollars in the Capitol Improvements Program, funds to finance a by-pass will be a long time coming.
Questioned further by Mr. Perman, Congressman DuPont stated that the Dover By-Pass, in priority, ranks equally with the dualization of the beach road beach road below the canal, and second only to Route 141 in New Castle County, which is presently being improved.
The discussion concluded with comments by Mr. McDonough on the effects a by-pass would have on Route 13 businesses and a suggestion by Mr. Weyandt that an overhead highway along the present right-of-way might be a possibility.
Building Inspector and Fire Marshal Report for the Month of July was accepted.
Mr. McDonough suggested that Mr. Roe and Mr. Hayes devise a method of comparing the estimated cost submitted for a building permit against the actual assessment made by Mr. Hayes when construction is completed.
City Planners Report for the Month of July was accepted.
City Aldermans Report for the Month of July was accepted.
Cash Receipts, General Fund, for the Month of July was accepted.
Budget Report, General Fund, for the Month of June was accepted.
Cash Receipts, Electric Fund, for the Month of July was accepted.
Budget Report, Electric Revenue Fund, for the Month of June was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of July was accepted.
CITY MANAGER’S REPORT
The City Manager reported that Well #9 was taken out of service during the month due to lack of capacity. The possibility of a new well to be located at Division and Kirkwood Streets is being investigated.
Request for bids on the Mifflin Road 12" sanitary interceptor line have been mailed to be returned on August 18, 1976.
Mr. Perman reported many favorable reports on the recent events held on The Green. He encouraged the continuance of band concerts or related programs for the benefit of the citizens. Mr. James has instructed the Recreation Director to schedule programs for next year on a monthly or bi-monthly basis.
Mr. Hardcastle moved to accept the City Manager’s report, seconded by Mr. Witt and carried.
REPAIR OF RAILROAD CROSSINGS
Mr. James reported a discussion with Mr. Edgar Miller, Assistant Conrail Engineer for the eastern region, and was informed that orders have been given to remove three rails at the North Street crossing. When this is completed a rubber crossing will be installed. All other crossings will be repaired at the completion of North Street.
TRAFFIC LIGHTS - U.S. 13
Mr. James contacted Raymond Pusey of the State Highway Department concerning the traffic light sequence on U.S. 13. Mr. Pusey will be present at the September 13th Council Meeting to answer any questions relative to this matter.
FUNDING - DOWNTOWN REVITALIZATION
A meeting was held with the Downtown Merchants on August 19th with the Mayor, City Manager, and State representatives in attendance. A discussion on possible funding of the downtown revitalization program under the Public Works Employment Act took place.
Mr. James stated that it appears the State will react favorably to any reasonable request. However, for the State to consider such a request, a preliminary data sheet must be submitted no later than the week of August 23rd to the state for submission to the federal agency.
If the funding for this act passes Congress and is not vetoed by the President, it is indicated that Delaware will receive a minimum of Ten Million and possibly up to Thirty Million Dollars. The funding is based on the unemployment in the area, which is to be no less than 6½%. Construction must start within 90 days after approval of the project.
The City Manager requested approval by Council to fill out the preliminary data sheet.
Mr. Perman moved the City Manager be given approval to submit the data sheet to the State. The motion was seconded by Mr. Hardcastle and carried.
BUS STOP - DELAWARE EXECUTIVE TRANSPORTATION COMPANY
Council, in their meeting of January 26, 1976, approved a recommendation of the Legislative and Finance Committee to grant a parking space to Mr. Robert Blakely in the City Parking Lot. Mr. Blakely stated at the time, that the space would be utilized as a bus stop related to a new bus service between Dover and Wilmington daily. The schedule will be known as the Delaware Executive Transportation Company leaving Dover at 6:00 A.M. and returning at 7:00 P.M.
Mr. James informed Council that the bus has been delivered and will be put into service September 1, 1976. Mr. Blakely requested permission to install “no parking” signs with designated times for the bus stop imprinted.
Mr. Harris moved that the parking spaced be granted with the location left to the discretion of the City Manager. The motion was seconded by Mr. Bewick and carried.
FEDERAL FUNDING - DOWNTOWN REVITALIZATION
Mr. Bernard Ettenger, President of the Downtown Merchants Association, read a letter from Dean S. Phillips, Economic Development Coordinator for the Federal Government. Mr. Phillips listed two sources of funding for the revitalization of downtown Dover. The Community Development Grant Program (HUD) and the Local Public Works Act (EDA) were mentioned as two possible sources. Both programs provide 100% federal funding for approved projects. There programs require preliminary and/or final engineering plans and specifications. Mr. Phillips stated that application for funding under these programs should be undertaken as soon as possible if the City is to be in any position to submit a final application for this fiscal year.
Mr. Ettenger suggested that Council have the preliminary plans for revitalization of downtown Dover, reviewed by an engineer for specifics in preparation for filing by October 1st.
Mr. James expressed doubt that this deadline could be met to submit plans and specifications considering the requirements of State law.
Mr. Bewick informed Council that the only way to circumvent the requirements would be for Council to declare an emergency.
Mr. Bewick moved that the City Manager be given authority to proceed with the preparations to submit plans for Federal funds under an emergency situation, provided the October 1st date mandates that preliminary and/or final engineering data is complete. The motion was seconded by Mr. Hardcastle and carried. Mr. Witt voted no, feeling he could not justify this situation as an emergency.
J.P. COURT #7 REPORT FOR JULY
A check in the amount of $4,446.00 was received from J.P. Court #7 for the month of July. Deferred payments as of July 31, 1976, amounted to $30,177.97. The City Clerk was informed by Court #7 that monthly deferred payment totals will not be furnished in the future, due to a personnel shortage.
Mr. McDonough moved to accept the report as submitted, seconded by Mr. Muir and carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 21, 1976, at 7:30 A.M. with Mr. Muir presiding.
YMCA - Funds For NYPUM Project
The Committee first considered a request by the YMCA for a grant of $6,000 to cover future expenses of the National Youth Project Using Mini-Bikes.
The Committee recommended that the request be denied, noting that no funds are presently available. It was Mr. Witt’s feelings that operating costs of the project were excessive in comparison to the number of persons served by the project.
Mr. Hardcastle moved to table the above matter and that the Executive Secretary of the YMCA be contacted for the purpose of further discussion with the Committee. The motion was seconded by Mr. McDonough and carried.
Extension of Sick Leave - James Long
A request was received from James Long, Turbine Operator at McKee Run, for an extension of his sick leave which has been exhausted by a lengthy illness. The Committee noted that employees are provided with an opportunity to obtain Temporary Disability Insurance, with the City paying 50% of the premium. Since granting the first request of this nature, several other requests have been received.
The Committee recommended denial of the request and asked that Mr. James be authorized to write a bulletin to all employees, informing them that Council will no longer consider requests of this nature.
Mr. McDonough moved for the recommendation of the Committee, seconded by Mr. Witt and carried.
Assistant Chief of Inspections Position
A request from Mr. Roe asked approval of a position known as Assistant Chief of Inspections, at a pay grade classification of G-21. The request was based on the increased work load of the Building Inspector and Acting Planner.
After a lengthy discussion, the Committee recommended approval of Mr. Roe’s request with Mr. McDonough voting no.
Mr. McDonough voiced an objection to advancing an employee of three months with the City, to one of the highest levels in City Government. This man would outrank or equal some of the present staff with many years of experience. There was also a question in his mind concerning the morale of those experienced employees.
Mr. Perman wondered if maybe the time had come to separate the Department of Inspections from the Planning Department.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Weyandt.
Mr. Hardcastle suggested a change in the motion that would designate the G-21 classification as a position in place of the present G-12 Planning Aide I.
Mr. Witt reworded his motion to recommend that an Assistant Chief of Inspections be created at a classification of G-21, to replace the present Planning Aide I position (G-12) to be effective September 1, 1976. Mr. Weyandt accepted the motion with a second.
Mr. McDonough felt that the person being advanced to a G-21 classification, Assistant Chief of Inspections, was being rewarded before actually completing a training period instead of demonstrating an ability and then being advanced.
Mr. Weyandt objected to the subject matter of the discussion taking place, stating that it was not relative to anything reported in the Legislative and Finance Committee recommendation.
Mr. Harris suggested an intermediate promotion instead of a grand scale advancement as designated in a G-21 classification, and a period of on-the-job training. Mr. Harris moved to table Mr. Witt’s motion, seconded by Mr. McDonough.
On a roll call vote of four (4) yes, Mr. McDonough, Mr. Weyandt, Mr. Perman and Mr. Harris and four (4) no, Mr. Muir, Mr. Hardcastle, Mr. Witt and Mr. Bewick, the motion was defeated.
Mr. Witt withdrew his original motion and the second.
Mr. Witt then moved for the Legislation and Finance Committee recommendation that a position of Assistant Chief of Inspections be created at grade G-21. The motion was seconded by Mr. Muir.
Mr. Perman moved to amend the motion as follows, “That the position of Planning Aide I at a classification of G-12 be eliminated when the Assistant Chief of Inspections position is filled”. The motion was seconded by Mr. Hardcastle.
By a unanimous roll call vote, the amendment was approved.
By a roll call vote of seven (7) yes, one (1) no, Mr. McDonough, Mr. Witt’s motion to approve the recommendation of the Committee was carried.
The Committee next recommended the adoption of an ordinance implementing the State Constitution, Article 8, Section 1, which allows the Council to exempt properties from payment of real estate taxes when deemed in the best interest of the City.
In addition, Mayor Legates presented an ordinance which would give the City of Dover Security Force the power to issue summons and enforce all ordinances on City owned property.
On motion by Mr. Witt, seconded by Mr. McDonough, Council directed that a public hearing be held in the Council Chambers on September 27, 1976, at 8:00 P.M., to consider adoption of the above ordinances.
Mr. Harris moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Hardcastle and carried.
CONTRACT AWARD - MIFFLIN ROAD SANITARY INTERCEPTOR
Mr. James presented bids on the Mifflin Road sanitary sewer interceptor line and a water loop line. There were two companies who submitted bids, Teal Construction Company and Seaford Construction Company.
The low bid was submitted by Teal Construction Company in the amount of $227,738.00 for the sewer interceptor line, $118,990.50 for the water loop line or a total bid of $346,728.50. Since PVC is widely used throughout the country, the City Manager recommended that the bid of $343,713.50 be accepted. The project is expected to be completed prior to December 1st.
Mr. Bewick moved to accept the recommendation of the City Manager, seconded by Mr. Weyandt and carried. Councilman Muir was absent.
PROCLAMATION - NATIONAL CANCER DAY
The City Clerk read the following proclamation which bore the signature of the Mayor.
WHEREAS, the tragedy of Cancer is all too well known to millions of Americans because of the grief that accompanies it; all
WHEREAS, there are few families in the United States that have not been affected by this dread disease; and
WHEREAS, the United Cancer Institute has proposed a Cancer Control program for National Cancer Day to set up Mini-Cancer Detection Facilities throughout the Nation to give the public a free cancer check-up from September 7 - 11, 1976; and
WHEREAS, the number of Congressional co-sponsors for the National Cancer Day Resolution is growing; and
WHEREAS, it is the belief of the medical profession that Cancer is curable if detected and treated in its early stages and that this practice would result in the savings of millions of lives each year;
Now, Therefore, I Charles A. Legates, Jr., Mayor of the City of Dover, do hereby proclaim September 8, 1976, to be “National Cancer Day” in Dover and urge all residents to commemorate this observance with appropriate activities.
SPEED LIMITS - NORTH GOVERNORS AVENUE
A letter was received from Mr. Douglas VanSant of 626 North Governors Avenue, requesting that the speed limit on North Governors Avenue and North Governors Avenue Boulevard, from William Street to Silver Lake, be reduced to 25 M.P.H. Mr. VanSant cited the many existing hazardous conditions and included a history of accidents that have occurred in the past.
Mr. Witt moved for referral to the Safety Advisory Committee, seconded by Mr. Hardcastle. On motion was carried.
AMERICAN CANCER SOCIETY - INVESTMENT OF FUNDS
A letter from Terry Tombesi, District Director of the American Cancer Society, responded to an inquiry of Council which asked why unused funds are not put in an interest bearing account. Mr. Tombesi agreed with the inquiry, stating that monies in the Custodian Fund will be invested in a passbook account in the future.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Perman and carried.
TAX RELIEF - BERNARD A BRUNER
Mr. Bernard A. Bruner, owner of a property at 112-114 South New Street asked Council to consider a tax adjustment on the aforementioned property, which was destroyed by fire.
Mr. Hayes informed Council that similar requests have been denied and recommended same for this property.
Mr. Harris stated that is seemed unfair to pose a tax on buildings that have existed only one month out of a tax year. He thought that it should not be difficult for Council to devise a method where taxes would be prorated in such cases.
Mr. McDonough suggested that consideration also be given to adding new construction on the tax rolls on a quarterly basis.
Mr. Weyandt moved that this matter and Mr. Bruner’s letter, be referred to the Legislative and Finance Committee. The motion was seconded by Mr. McDonough. On a roll call vote of five (5) yes, three (3) no, Mr. Perman, Mr. Witt and Mr. Bewick, the motion was carried.
Mr. Perman voted no, feeling the issue could be solved immediately. Further, it is apparent that a Charter change is needed and could not be accomplished for at least six to eight months, which would cause Mr. Bruner to be delinquent in his taxes for that period. It was Mr. Perman’s opinion that Council should stick to their present policy, requiring Mr. Bruner to pay taxes on the property.
Mayor Legates requested that the Legislative and Finance Committee hold a special meeting, in order to prepare a recommendation for Council consideration at the September 13th meeting.
ANNEXATION REQUEST - FOX HALL DRIVE
Mr. Nathan L. Cohen formally requested annexation of Fox Hall Drive in a letter to Mayor and Council.
Mr. Witt moved to refer the request to the Utility Committee, seconded by Mr. Weyandt and carried.
Mr. McDonough questioned the consideration of annexation, noting a six month moratorium set by Council.
Noting that a moratorium was set for the purpose of setting guidelines to enable the City to recover costs of utility installation, Mr. James and Mr. Harris noted that there is existing sewer and water mains in the area.
VACATION - MR. ROE
Vacation time was approved for Mr. Roe from September 22nd to October 11th.
COMMISSIONER OF CORRECTIONS - MR. KEIV
Mr. Hardcastle reported that the Commissioner of Corrections, Mr. Keiv, will be present at the September 13th Council meeting to answer questions related to a letter received from Mrs. Robert Wheeler of 912 Janeka Lane.
Mrs. Wheeler suggested a siren to warn area residents of escapes from the Youth Center on Water Street.
MR. AUBREY CEPHAS - DEMOLITION OF 434 FULTON STREET
Mr. Aubrey Cephas addressed Council requesting the demolition of 434 Fulton Street. The house has been vacant for over three years and is being used by vagrants and children for illicit activities.
Mr. Roe will check the location and contact Mr. Cephas. Mr. Cephas also stated that Kirkwood Street, between Division and Mary Streets, is used as a drag strip and asked that something be done to alleviate this condition.
This matter was referred to Chief Spence for investigation.
Meeting Adjourned at 10:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 23, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
August 30, 1976
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