Regular City Council Meeting
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Apr 26, 1976 at 12:00 AM

REGULAR MEETING

April 26, 1976

The Regular Meeting of Council was held on April 26, 1976, at 7:30 P.M., with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Perman, Witt, Harris and Bewick. Councilman Hardcastle was absent.

The invocation was given by the Reverend J.H. Williams, Council Chaplain.

On motion by Mr. Witt, seconded by Mr. Bewick, Council unanimously voted to suspend the rules of the Agenda and proceeded with the first item of Correspondence.

CITY OF DOVER PLANNING COMMISSION-PROPOSAL BY DOVER BUSINESS DISTRICT IMPROVEMENT GROUP

A letter was received from Mr. Julian Massey, Chairman of the City of Dover Planning Commission, informing Council that they have reviewed the plan of the Dover Business District Improvement Group and recommend that it meets the goals and objectives of the Comprehensive Plan of the City of Dover. It was noted by Council that this plan would change the traffic flow on Loockerman Street, State Street and Governors Avenue.

Mr. Witt moved to acknowledge receipt of the letter, but not to consider one-way street patterns at this time, which is incorporated in the Downtown Plan. The motion was seconded by Mr. Bewick.

Mr. Perman moved to amend the motion by referring the downtown traffic problem to the Safety Advisory Committee for alternates other than one-way streets. The amendment was seconded by Mr. Bewick and carried.

On a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, Council approved the motion.

 

FRANCIS R. WEYANDT - APPOINTMENT TO PARKS, PLAYGROUNDS & TREES COMMITTEE AND SAFETY ADVISORY COMMITTEE

Mayor Legates appointed Mr. Francis R. Weyandt as a member of the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee. The appointment was unanimously approved by Council. It was noted that Mr. Weyandt replaces Mr. Bewick on these Committees.

ADOPTION OF AMENDMENT TO MINUTES OF MARCH 8, 1976

On motion by Mr. Perman, seconded by Mr. Bewick, Council unanimously approved the amendment to the Minutes of March 8, 1976.

ADOPTION OF MINUTES OF MARCH 8, 1976

Relating to the minutes of April12, 1976, Mr. Perman moved that the Utility Committee Report reflect that he felt that the City of Dover Power Plant exceeded the Zoning Ordinance on noise level (Section 8 Paragraph 8.53 Noise), and that Mr. James would provide him with copies of consulting agency reports of the sound measurements from that system.

The motion was seconded by Mr. McDonough and carried.

On motion by Mr. Witt, seconded by Mr. Weyandt, Council accepted the minutes of the April 12, 1976 Council Meeting as corrected.

DELAWARE AMERICAN REVOLUTION BICENTENNIAL COMMISSION

Ms. Louise Prickett, Executive Director of the Delaware American Revolution Bicentennial Commission, addressed Council relative to the printing of the Heritage Trail Brochure. The City was asked to contribute whatever possible in order for the City of Dover to be a part of the brochure.

Mr. Perman moved that the Delaware American Revolution Bicentennial Commission be appropriated a total of $1,000 to be payable before July 31, 1976. The motion was seconded by Mr. Bewick. On a voice call vote of six (6) yes, one (1) no, Mr. Witt, the motion was carried.

PUBLIC HEARINGS - 1102 WHITEOAK ROAD, OWNED BY LEWES DAIRY, INC. AND 780 WALKER ROAD, OWNED BY LOUIS AND MARGARET EDGELL

Mr. Roe read a letter from Mr. Michael Parkowski, Attorney representing Marsteller’s Dairy Markets, Inc., Lessee, stating that his client formally withdraws the rezoning requests. Council, by a voice call vote, accepted the withdraw.

PUBLIC HEARING - AMENDMENT TO ZONING TEXT - NATHAN COHEN

Mr. Roe read a letter from Mr. Nathan Cohen formally withdrawing his request to amend the zoning text. Council, by a voice call vote, accepted the withdraw.

PUBLIC HEARING - 406 KINGS HIGHWAY - SHARON AND MERLE THOMAS

A public hearing was duly advertised for this time and place to consider the rezoning of property located at 406 Kings Highway, owned by Sharon and Merle Thomas. Mayor Legates declared the hearing open.

Mrs. Alberta Warren of 412 Kings Highway was present to ask Council how this rezoning would effect her property. Mrs. Warren was assured that this rezoning would not change the zoning of her property and would have no bearing on her City of Dover property taxes.

Mrs. Sharon Thomas was present to answer any questions concerning the rezoning request. She explained that they are requesting the RG-1 zoning for the purpose of having an apartment above their garage.

On motion by Mr. Witt, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, approved the rezoning and 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 406 KINGS HIGHWAY.

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 the property described below from R-20 to RG-1.

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-20 to RG-1 on that property located at 406 Kings Highway.

ADOPTED APRIL 26, 1976

REPORTS

Chief of Police Report for the Month of March was accepted.

Building Inspector & Fire Marshal Report for the Month of March was accepted.

City Planner’s Report for the Month of March was accepted.

City Alderman’s Report for the Month of March was accepted.

Cash Receipts, General Fund, for the Month of March was accepted.

Budget Report, General Fund, for the Month of February was accepted.

Cash Receipts, Electric Fund, for the Month of March was accepted.

Budget Report, Electric Revenue Fund, for the Month of February was accepted.

Cash Receipts, Electric Improvement Fund, for the Month of March was accepted.

CITY MANAGER’S REPORT - MONTH OF MARCH

Mr. James stated that the City has been notified that the bridge work along the high school ditch will commence on April 5, 1976 at the Farm Road Bridge and the work on the main bridge across the entrance to Dover High School will commence as soon as school closes.

The problem is still being encountered with the I.D. Fans having excessive vibrations. A representative of American Standard, the manufacturer, had inspected the installation and determined that the foundations are not adequate. This has been related to the contractor involved and the City will continue to press for correction of this problem.

Mr. James reported that the next round of depositions for the case of J.A. Jones Construction vs. the City of Dover et al. has been scheduled for the last week in May and the first week in June. The trial has now been set for October 5, 1976 in the Superior Court, Wilmington.

Mr. Witt questioned Mr. James as to whether old ambulance bills have been turned over to a collection agency. Mr. James stated that some of the very old bills have been turned over to a collection agency, but the City tries to collect on as many old accounts as possible due to the fact that the collection agency received 50% of all monies collected.

On motion by Mr. Weyandt, seconded by Mr. Witt, Council accepted the City Manager’s Report as submitted.

PROCLAMATION - MENTAL HEALTH MONTH

WHEREAS, the month of May has been nationally recognized and observed as Mental Health Month; and

WHEREAS, this month is recognized by the Board of Directors of the Mental Health Association of the State of Delaware; and

WHEREAS, this Association has asked the City of Dover to recognize this month as Mental Health Month.

NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DOVER:

1. That the month of May 1976, is hereby proclaimed as Mental Health Month to be recognized as such by the residents of the City of Dover.

J.P. COURT #7 REPORT FOR MARCH

A check in the amount of $7,981.70 was received from J.P. Court #7 for the Month of March. Deferred payments as of March 31, 1976 totaled $33,550.59.

Mr. McDonough asked how the fines that are collected by the Courts are distributed. Mr. James explained that any fines collected for the City of Dover is given to the City and the Court costs are turned over to the Court system.

Mr. Weyandt commented that the report does not contain any details on the collections and distributions of the money received.

Chief Spence stated that this was all the information the Court supplied to us and to receive more input would require much more bookkeeping by the Courts.

On motion by Mr. McDonough, seconded by Mr. Weyandt, Council accepted the report as submitted.

SUMMER WORK SCHEDULE

Mr. James requested authorization to allow some employees to work a summer work schedule of 7:00 A.M. to 3:30 P.M. This schedule was used last summer with no problems arising. Mr. James stated that the schedule will be advertised to the public.

Mr. Weyandt moved that Mr. James be authorized to allow some employees to work the summer work schedule. The motion was seconded by Mr. Witt and carried.

COLLECTION OF TAXES

Mr. James requested permission to delegate the collection of taxes to Mr. Hayes. By Charter, Mr. James is the Tax Collector ex-officio of the City of Dover and he feels that Mr. Hayes could perform this function as City Assessor.

Mr. McDonough moved that Mr. James be given permission to delegate the duties of tax collections to the City Assessor. The motion was seconded by Mr. Muir. By a unanimous roll call vote, the motion carried.

COLLECTION OF TRAILER LICENSE FEES

Mr. James suggested that Council adopt an amendment to the ordinance which requires the City Assessor to collect trailer license fees. Since the Building Inspector’s Office has the responsibility of collecting all other licenses, Mr. James requests that the ordinance be amended to appoint the City Manager this responsibility, and he in turn would delegate the collection of trailer license fees to the Building Inspector.

On motion by Mr. Witt, seconded by Mr. Harris, Council, by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, accepted the recommendation of the City Manager and directed that an amendment to the ordinance be drawn by the City Solicitor.

On motion by Mr. Perman, seconded by Mr. Bewick, Council directed the Clerk to advertise the amended ordinance for public hearing.

JAMES KLINGERMAN - PLUMBING CODE DISPUTE

Mr. James Klingerman of 142 Baltusrol Road addressed Council stating that he has had problems locating his sewer lines and has received no satisfaction from the City. He pointed out many portions of the Plumbing Code that he disagreed with. He also pointed out that there is a ditch located in the residential area of Fox Hall which is full of water and could be very dangerous to the children in the area.

Mr. James stated that he was under the impression that Mr. Klingerman’s problem had been taken care of and the sewer lines had been located.

Mayor Legates directed that Mr. Klingerman’s problem be referred to the Plumbing Code Appeals.

GUY ISENBURG - 96 ORCHARD AVENUE

Mr. Guy Isenburg of 96 Orchard Avenue spoke to Council in reference to Zoning Code Requirements on hedges. He related a problem of a neighbors hedge being overgrown to an approximate height of 35'. Mr. Roe informed Mr. Isenburg that the only control the City has over the height of hedges is in the case of an overgrown hedge obstructing vision at intersections. Mr. Isenburg questioned a deed restriction on the property and Mr. Rodriguez stated that the City of Dover does not enforce deed restrictions.

Mr. Isenburg also related to Council a problem of a city owned tree near his property. The roots of this tree grow into his sewer lines and he must have the sewer cleaned out at his expense.

Mayor Legates directed that the problem be referred to the Parks, Playgrounds and Trees Committee.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met on April 21, 1976 with Chairman Muir presiding.

The Committee considered a letter from the Greater Dover Chamber of Commerce requesting that they be recognized as the focal point for Industrial Development in the Greater Dover area. Mr. James submitted to Council a copy of the letter he drafted for the Greater Dover Chamber of Commerce.

Mr. Witt moved for acceptance of the Committee Report and the attacked letter. The motion was seconded by Mr. Weyandt and carried.

CORRESPONDENCE

DELMARVA WINDSURFING FLEET #827

A letter was received from Mr. Walter A. McCann, Race Committee Member, of the Delmarva Windsurfing Fleet #827. The organization requests permission to hold a regatta on Silver Lake on Sunday, August 1, 1976 between the hours of 10:00 A.M. and 4:00 P.M. They suggested that the area north of the bridge be restricted to sailing vessels with the exception of the chase or committee boat. The organization also requested relaxation of boat licensing requirements on this one day.

On motion by Mr. Bewick, seconded by Mr. Weyandt, Council acknowledged receipt of the letter and directed the matter to the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee.

TRAVEL TRAILER ORDINANCE - MR. JOHN AZZOLINI

Mr. Azzolini expressed, in a letter to Council, his protest against the present travel trailer ordinance of the City of Dover. He suggested that the citizens be permitted to give an opinion on this matter by the City mailing out a questionnaire along with tax notices. A petition containing 131 signatures opposing the present ordinance was attached to the letter.

On motion by Mr. Witt, seconded by Mr. Bewick, Council acknowledged receipt of the letter and petition and referred the matter to the Legislative and Finance Committee.

WESLEY COLLEGE - OUTDOOR ROCK CONCERT

A letter was received from Mr. John B. Mingus, Director of the College Center, requesting an exception to City regulations governing outdoor rock concerts. Wesley College wishes to have a rock group perform on their outdoor stage on Sunday, May 2, 1976 between the hours of 3:00 P.M. and 6:00 P.M. for the sole purpose of the students, faculty, and staff.

Mr. Roe stated that an Outdoor Music Festival requires a City Business License with a fee of $1,000 and a bond.

Chief Spence expressed some concern over the noise this would create in a residential area.

Mr. Witt moved to authorize the City Manager to inform Mr. Mingus that the City must maintain its present policy concerning outdoor rock concerts. The motion was seconded by Mr. Weyandt. On a voice call vote of five (5) yes and two (2) no, Mr. Perman and Mr. McDonough, Council denied the request.

SPEED LIMIT ON DELAWARE ROUTE #8 FROM U.S. ROUTE #13 TO CARVER ROAD

On motion by Mr. Harris, seconded by Mr. McDonough, Council by a unanimous roll call vote adopted the following ordinance.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The speed limit on Delaware Route #8 from U.S. Route #13 west to the St. Jones Bridge west to Carver Road shall be 25 M.P.H.

2. That the foregoing traffic signs and regulations shall be enforced upon erection of appropriate signs.

ADOPTED APRIL 26, 1976

ORDINANCE - SIGNING OF THE HAMLET

Mr. Harris moved, seconded by Mr. Perman, to set a public hearing for May 10, 1976 for the signing of The Hamlet. By a roll call vote of five (5) yes, two (2) no, Mr. McDonough and Mr. Witt, and one (1) absent, Mr. Hardcastle, the motion was carried.

COMMITTEE OF THE WHOLE REPORT

The Committee of the Whole met on April 21, 1976 with Vice-Mayor Douglas Harris presiding. Mr. Harris submitted to Council a list of the proposed Charter changes made by the Committee. Council acted on the following Charter sections as rewritten by the City Solicitor for submission to the General Assembly.

SECTION 1

On motion by Mr. Witt, seconded by Mr. McDonough, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 1 of the Charter to read as follows:

Section 1. The municipal corporation of the State of Delaware, known as “The Town of Dover” shall hereafter be known as “The City of Dover”. The boundaries of the City of Dover are hereby established and declared as recorded on the official map of record in the Recorder of Deeds Office for Kent County and State of Delaware as presently existing and as hereinafter amended.

SECTION 8 PARAGRAPH A

On motion by Mr. McDonough, seconded by Mr. Weyandt, Council by a roll call vote of six (6) yes, two (2) absent, Mr. Hardcastle and Mr. Witt, adopted an ordinance to change Section 8 Paragraph A of the Charter to read as follows:

Section 8 Paragraph A. The regular municipal election shall be held on the third Monday in January of each year. At each such election the polls shall be opened at 11:00 a.m. and closed at 8:00 p.m. The Council may designate the places of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud.

SECTION 8 PARAGRAPH B

On motion by Mr. McDonough, seconded by Mr. Weyandt, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 8 Paragraph B of the Charter to read as follows:

Section 8 Paragraph B. All elections shall be held by an Election Board which shall consist of the Alderman and two of the four members of Council whose terms of office continue for the year following the election, to be chosen by the Council at the meeting prior to the election. The Alderman may designate such other persons as he shall deem necessary to assist the members of the Election Board in the conduct of the election and counting of the ballots. Should any or all of the members of the Election Board be absent from the place of election at 11:00 a.m. on the day of the election or fail or neglect to act in the conduct of such election during the time the polls are open and until the ballots are counted and the results of the election certified, the voters of the City present at such time may choose from the qualified votes of the City such person or persons as shall be necessary to fill the places made vacant by the absence or neglect aforesaid.

SECTION 8 PARAGRAPH C

On motion by Mr. McDonough, seconded by Mr. Bewick, Council by a roll call vote of six (6) yes, two (2) absent, Mr. Hardcastle and Mr. Witt, adopted an ordinance to change Section 8 Paragraph C of the Charter to read as follows:

Section 8 Paragraph C. When the polls are closed the Election Board shall publicly count the votes and shall certify the results of the election to each of the persons elected and to the Council. The candidate for the office of Mayor, and the candidate for the office of Councilman from each district who has received the highest number of votes cast for Councilman in that district shall be declared to be elected to that office. In the event of a tie vote for any office, a special election shall be held within 30 days and the registration books shall remain closed until the outcome of the special election is determined.

SECTION 8 PARAGRAPH D

On motion by Mr. Perman, seconded by Mr. Weyandt, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 8 Paragraph D of the Charter to read as follows:

Section 8 Paragraph D. Every resident of the City of Dover who shall have reached the age of 18 years by the time of the election; who has resided in the City of Dover for at least 30 days continuously preceding the day of the election and who has property registered to vote shall be entitled to vote at the regular or special municipal elections. The Council by ordinance duly adopted may provide for the registration of voters and require a person otherwise qualified to vote must also be properly registered in order to vote in the municipal elections. Any such ordinance providing for registration of voters shall make adequate provision for the preparation and custody of registration books and for the entry therein of the names of registered voters, their qualifications as such, the fact of their voting at each municipal election, and such other matters as may be required by this Charter or the Laws of the State of Delaware. Reasonable opportunity shall be provided for voters to register, and there shall be at least three registration days in each year.

SECTION 10 PARAGRAPH 1

On motion by Mr. McDonough, seconded by Mr. Harris, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 10 Paragraph 1 (Conduct of Meetings) of the Charter to read as follows:

Section 10 Paragraph 1 (Conduct of Meetings). Five of the members elected to the Council shall constitute a quorum to do business, but a lessor number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

SECTION 10 PARAGRAPH 5

On motion by Mr. McDonough, seconded by Mr. Bewick, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 10 Paragraph 5 (Conduct of Meetings) of the Charter to read as follows:

Section 10 Paragraph 5 (Conduct of Meetings). A Councilman may abstain from voting on a matter that he feels would involve the consideration of his own official conduct or financial interest.

SECTION 13

On motion by Mr. Bewick, seconded by Mr. Weyandt, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 13 of the Charter to read as follows:

Section 13. Amend Section 13 which provides that Council will fill vacancies created in their own offices by special election if the unexpired term of the Councilman was for more than six months. Said special election to be held no earlier than 30 days from the date of creation of the vacancy, but no later than 60 days after creation of the vacancy. This section is amended to require the special election to be held within this time period.

SECTION 14

On motion by Mr. McDonough, seconded by Mr. Perman, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 14 of the Charter to read as follows:

Section 14 (Duties of Mayor). The Mayor shall be the Executive and Chief Official of the City. He shall preside at meetings of the Council. He shall have the powers and perform the duties conferred and imposed by this Charter and ordinances of the City.

SECTION 18

On motion by Mr. McDonough, seconded by Mr. Witt, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 18 of the Charter to read as follows:

Section 18 (Power to Define Nuisances). The Council shall have the power to define nuisances and cause their abatement. The operation of any instrument, device or machine of any kind whatsoever, that shall cause electrical interference with radio or television reception within the limits of the City shall, at the option of the Council, be deemed a nuisance.

SECTION 23

On motion by Mr. McDonough, seconded by Mr. Weyandt, Council by a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 23 of the Charter to read as follows:

Section 23 (Planning). The Council may create a Planning Commission for the development, improvement and beautification of the City, and prescribe its powers and duties. No member of the Planning Commission may hold at the same time, any elected City office.

SECTION 24

On motion by Mr. McDonough, seconded by Mr. Weyandt, Council by a roll call vote seven (7) yes, one (1) absent, Mr. Hardcastle, adopted an ordinance to change Section 24 of the Charter to read as follows:

Section 24 (Regulation of Use of Streets). The Council shall have the right to grant or refuse franchise or licenses to public utilities and common carriers and to fix the terms and conditions thereof and to regulate their use of the streets, lanes and alleys of the City.

OTHER CHANGES CONSIDERED BY COUNCIL

Section 5 Paragraph 4 - Qualifications For Election of Mayor

Mr. Bewick moved that Council adopt an ordinance requiring the qualifications of Mayor as outlined on the Committee of The Whole report of April 21, 1976. The motion was seconded by Mr. Harris. Council, by a roll call vote of four (4) yes, three (3) no, Mr. Weyandt, Mr. Muir, and Mr. Witt, one (1) absent, Mr. Hardcastle, defeated the motion for lack of a majority.

Section 6 - Date of Municipal Election

Mr. Weyandt moved that the election date be changed to the third Monday in May. The motion was seconded by Mr. Bewick. On a roll call vote of four (4) yes, three (3) no, Mr. Muir, Mr. Harris and Mr. Witt, one (1) absent, Mr. Hardcastle, the motion was defeated for lack of a majority.

Section 16 - Centralization of City Government

Mr. McDonough moved, seconded by Mr. Perman, that Council employees be administered by the City Manager with the exception of the City Solicitor. On a roll call vote of four (4) yes, three (3) no, Mr. Weyandt, Mr. Muir and Mr. Witt, one (1) absent, Mr. Hardcastle, the motion was defeated for lack of a majority.

Section 17 - Adoption of Ordinances

Mr. Perman moved that the City Solicitor draw up an ordinance that would encompass the ordinance form and procedure as found in Sections 2.13 of the Model City Charter. The motion was seconded by Mr. McDonough. It was noted that this would be an ordinance rather than a Charter change. On a roll call vote of seven (7) yes, one (1) absent, Mr. Hardcastle, the motion was carried.

INITIATIVE, REFERENDUM AND RECALL

Mr. Perman stated that although it was not included in the suggested changes to the Charter, he feels that the Charter should include initiative, referendum and recall. He suggested that these items should be considered for submission to the General Assembly at a later date.

NOISE LEVEL - MCKEE RUN POWER PLANT

Mr. Perman stated that Mr. James had supplied him with copies of consulting agency reports of the sound measurements for the McKee Run Power Plant. Mr. Perman noted that the Power Plant is in violation of our Zoning Ordinance on noise levels (Section 8 Paragraph 8.53 Noise).

Mr. Perman moved that Council take measurements to bring the power plant noise within the zoning ordinance regulations. The motion was seconded by Mr. McDonough. On a roll call vote of four (4) no, three (3) yes, Mr. Weyandt, Mr. Perman and Mr. McDonough, one (1) absent, Mr. Hardcastle, the motion was defeated.

Mr. Witt moved that the matter be referred to the Utility Committee, seconded by Mr. Bewick. On a voice call vote, the motion was unanimously approved.

Meeting adjourned at 11:50 P.M.

 

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

                                                                        DEBRAH J. BITTNER

                                                                        RECORDING SECRETARY

All orders, ordinances and resolutions adopted by Council in their meeting of April 26, 1976, are hereby approved.

                                                                        CHARLES A. LEGATES, JR.                                                                                               MAYOR

May 5, 1976

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AMENDMENT TO MINUTES OF APRIL 26, 1976

CITY OF DOVER PLANNING COMMISSION - PROPOSAL BY DOVER BUSINESS DISTRICT IMPROVEMENT GROUP

Mr. Witt moved to acknowledge receipt of the letter, but not to consider one-way street patterns at this time, which is incorporated in the Downtown Plan. The motion was seconded by Mr. Weyandt.

 

SECTION 16 - CENTRALIZATION OF CITY GOVERNMENT

Mr. McDonough moved, seconded by Mr. Perman, that Council employees be administered by the City Manager, with the exception of the City Solicitor, and be appointed by Council upon the recommendation of the City Manager for a one year term. Failing to get a second, the motion failed.

Mr. Witt called for the question on Mr. McDonough’s motion. On a roll call vote of four (4) yes, three (3) no, Mr. Weyandt, Mr. Muir and Mr. Witt, one (1) absent, Mr. Hardcastle, the motion was defeated for lack of a majority.

                                                                        William H. Willis

                                                                        City Clerk

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