REGULAR MEETING
April 12, 1976
The Regular Meeting of Council was held on April 12, 1976, at 7:30 P.M., with Mayor Legates presiding. Members present were Messrs. McDonough, Muir, Hardcastle, Perman, Witt, Harris and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES OF MARCH 8, 1976 AMENDED
Relating to the minutes of March 8, 1976, Mr. Perman moved that the paragraph containing Mayor Carroll’s remarks on the funding of the Payne Report be amended to reflect that all statements, as given in the City Solicitor’s report, were the opinions of Mayor Carroll and not an opinion of Mr. Rodriguez. The motion was seconded by Mr. McDonough and carried.
MINUTES OF MARCH 22, 1976
The minutes of the Regular Council Meeting of March 22, 1976 were accepted and bore the written approval of Mayor Legates.
RESULTS - SECOND DISTRICT SPECIAL ELECTION OF APRIL 10, 1976
The election officials certified to Council the following results of the Special Municipal Election held on April 10, 1976 to elect a Councilman in the Second District.
MACHINE VOTES ABSENTEE VOTES TOTAL
Edgar A. Barrell 347 2 349
Francis R. Weyandt 507 4 511
ADVISORY OPINION - ELECTION DATE
January 113 3 116
May 317 1 318
October 277 1 278
VOTING FOR COUNCILMEN
District 289 - 289
At Large 422 6 428
TOTAL VOTES CAST 864 6 870
On motion by Mr. Hardcastle, seconded by Mr. McDonough, Council by a unanimous roll call vote accepted the results of the April 10, 1976 Special Election as certified by the election officials.
OATH OF OFFICE - FRANCIS R. WEYANDT
The Honorable William G. Bush III, Judge of the Superior Court, administered the Oath of Office to Francis R. Weyandt of the Second District.
PRESENTATION - MAYOR HAMAN
Former Mayor Edward Haman was present to speak on the subject of Charter Revision. Mayor Haman reminded those present that the Charter of the City of Dover has worked effectively and successfully for forty-seven years and urged Council not to make any changes until it becomes apparent that it is necessary.
ANNUAL AUDIT REPORT - FISCAL 1975 - GENERAL FUND
Mr. William Manter was present, having submitted the Annual Audit of the General and Electric Funds for Council consideration.
Mr. Manter’s remarks include an observation based on the reports that the financial condition of the City showed improvement over 1974. He also recommended that the City change to an accrual method of accounting verses the present cash method, since bonding companies and loan institutions require accrual accounting.
On motion by Mr. Witt, seconded by Mr. Muir, Council accepted the General Fund Audit by a unanimous roll call vote.
ANNUAL AUDIT REPORT - FISCAL 1975 - ELECTRIC FUND
On motion by Mr. Muir, seconded by Mr. Witt, Council accepted the Electric Fund Audit for fiscal year 1975 by a unanimous roll call vote.
REPORT - PARKS, PLAYGROUNDS AND TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met on April 5, 1976 with Vice-Chairman Joseph McDonough presiding.
Considering the written form of Section 21,9.4 of the Parks and Recreation Regulations relating to ice skating on Silver Lake, the Committee recommended that the following paragraphs be revised.
A. All persons shall skate at their own risk and use their own judgement as to when and where the ice is safe for skating.
B. While skating, all persons shall be under obligation to refrain from fast and reckless skating when such skating might endanger the life or limb of other persons.
C. The City of Dover reserves the right to prohibit ice skating at any time that it is deemed in the best interest of the public.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council approved the recommendation of the Committee and directed that the City Solicitor review paragraphs A, B, & C for proper wording and legal form. Mr. Perman voted no with the opinion that the City should direct and control areas for safe ice skating.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council accepted the Committee reported as submitted.
REPORT - SAFETY ADVISORY COMMITTEE
The Committee reviewed a diagram showing stop and yield signs in The Hamlet development, as submitted by Chief Spence. It was their recommendation that the intersection be posted as designated on the diagram.
On motion by Mr. Muir, seconded by Mr. Harris, Council accepted the recommendation of the Committee and directed that an ordinance be drawn by the City Solicitor to cover the various signs. Mr. Perman voted no, disagreeing with a yield sign at Forest Creek and Old Forge Drives.
SPEED LIMIT - KINGS HIGHWAY EAST AND DIVISION STREET
Based on a survey made by the State Department of Highways, the Committee recommended that the speed limit on Division Street from U.S. 13 to the St. Jones Bridge remain at 35 M.P.H.
On motion by Mr. Hardcastle, seconded by Mr. Muir, Council approved the recommendation of the Committee.
The Committee further recommended that the speed limit be changed to 25 M.P.H. on Kings Highway East from St. Jones Bridge and continuing west on Division Street to Carver Road.
On motion by Mr. Bewick, seconded by Mr. Muir, Council approved the recommendation of the Committee and directed that an ordinance be drawn by the City Solicitor.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council accepted the Safety Advisory Report as submitted.
LEGISLATIVE AND FINANCE REPORT
The Legislative and Finance Committee met on April 5, 1976 with Chairman Muir presiding.
PLANNING AIDE I
In considering a request from the Acting Planner for assistance in that department, the Committee recommended that Mr. Roe be permitted to hire a Planning Aide I, with a G-12 classification. The position is to be filled as soon as possible with the starting salary at step A.
On motion by Mr. Witt, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes, one (1) no, Mr. Perman, approved the recommendation of the Committee.
APPOINTMENT - WILLIAM MANTER
The Committee recommended that Mr. William Manter be re-appointed as the City Auditor for the fiscal year ending June 30, 1976.
On motion by Mr. Hardcastle, seconded by Mr. Muir, Council approved the appointment of Mr. Manter.
FUNDING REQUEST - DELAWARE DISADVANTAGED FOUNDATION
It was the recommendation of the Committee that a request for $5,000 for current expenses from the D.D.F. be denied. It was the Committee’s feeling that D.D.F. offered a duplication of services and proper facts and figures had not been submitted relating to financial status.
On motion by Mr. Witt, seconded by Mr. Bewick, Council voted for the recommendation of the Committee. Mr. Hardcastle voted no.
DOG ORDINANCE - DISPOSAL BAGS
In considering a proposed dog ordinance that would require owners of dogs to carry plastic disposal bags while walking their dogs, the Committee recommended denial. It was their feeling that such an ordinance would be impractical due to enforcement difficulty.
On motion by Mr. Witt, seconded by Mr. Weyandt, Council approved the recommendation of denial.
Animal Ordinance
An animal ordinance which would control stray cats and other animals was also discussed with the Committee recommending denial due to enforcement difficulty.
Mr. James informed Council that since purchasing an accepted cat trap for the use of the public, no complaints have been received in his office. The traps may be borrowed from the Police Department.
Since this question was tabled in the November 25, 1974 meeting, a motion was made by Mr. McDonough to remove same from the table, seconded by Mr. Bewick and carried. The City Clerk read the tabling motion of November 25, 1974.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council denied the animal ordinance and approved the Committee’s recommendations.
On motion by Mr. Hardcastle, seconded by Mr. McDonough, Council accepted the Committee report as submitted.
UTILITY COMMITTEE REPORT
The Utility Committee met on April 12, 1976 with Chairman Harris presiding.
A request for annexation from Mr. Ward Hitch, owner of the Suburban Shopping Center at 1406 Forest Street, was discussed at length. The Committee recommended that request for annexation be deferred until a policy is established incorporating methods of recovery on the initial cost of necessary utilities.
After considerable discussions on cost factor verses revenue, relating to annexed areas, Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Muir.
Mr. Perman moved to amend the motion, stipulating a time limit of six months to establish a policy. The amendment was accepted and carried by Council.
On a voice call vote, the motion was carried by Council.
Hearing Date - Comprehensive Sewer Plan
On motion by Mr. Witt, seconded by Mr. Muir, Council set the date and time of May 24, 1976 at 8:00 P.M. for the Comprehensive Sewer Plan public hearing as recommended by the Committee.
On motion by Mr. Witt, seconded by Mr. Harris Council accepted the report of the Utility Committee as submitted.
TAX APPEALS COMMITTEE REPORT
A public hearing was duly advertised for this time and place to consider the tax appeals for the year 1976. Mayor Legates declared the hearing open. A report of the Tax Appeals Committee was read into the record. No one was present to speak for or against the appeals of the following properties, as recommended by the Committee. There was no correspondence except from General Metalcraft.
On motion by Mr. Witt, seconded by Mr. Perman, Council denied the tax appeals of Cornelia and Marie Daniels for their property on Carver Road.
On motion by Mr. McDonough, seconded by Mr. Harris, Council denied the tax appeal of Merrill and Hazel Palmer at 802 Division Street.
On motion by Mr. McDonough, seconded by Mr. Harris, Council denied the tax exempt request by the Capitol Green Day Care Center on River Road.
On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council reduced the taxes of the Department of Community Affairs and Economic Development, for the General Metalcraft building on McKee Road, from $1,465,700 to $1,276,700 as recommended by the Committee.
A letter accepting the reduction of taxes as stated above was received and read into the record by Mayor Legates.
On motion by Mr. Witt, seconded by Mr. McDonough, Council accepted the report of the Tax Appeals Committee as submitted.
TAX RATE - 1976-77
On motion by Mr. Hardcastle, seconded by Mr. Perman, Council by a unanimous roll call vote, set the property tax rate at 90¢ per hundred and the library tax rate at 8¢ per hundred for a total of 98¢ per hundred dollars of assessed value.
DEMOLITION OF 102 S. KIRKWOOD STREET
Mr. Roe explained that one of the owners of 102 S. Kirkwood Street, Melvin Colbert was present to explain why he had not complied with Council’s directive to submit plans within sixty days that would be acceptable to the Building Inspector for renovation of the building.
Mr. Colbert addressed Council at length stating that there was a delay in receiving notification of the demolition and a misunderstanding concerning the directive of Council.
After due consideration by Council, Mr. McDonough moved that the owners of 102 S. Kirkwood Street be given until December 1, 1976 to restore the building in such a manner that it does not violate the dangerous building ordinance. The motion was seconded by Mr. Hardcastle.
Mr. Witt moved to amend the motion to stipulate that the necessary building permits be executed within thirty (30) days, seconded by Mr. Bewick. Council approved the amendment as stated.
On a voice call vote, Council accepted the motion as stated by Mr. McDonough.
PUBLIC HEARING TO REZONE 190 WILLIS ROAD
A public hearing was duly advertised for this time and place to rezone 190 Willis Road, owned by Ross Trader. Mayor Legates declared the hearing open. There was no one present to speak for or against the rezoning and no correspondence.
On motion by Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote 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 190 WILLIS ROAD.
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 C-1 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 C-1 to RG-1 on that property located at 190 Willis Road.
ADOPTED APRIL 12, 1976
RESOLUTION - SPRING CLEAN UP WEEK
On motion by Mr. Witt, seconded by Mr. Perman, Council adopted the following resolution.
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally the first weekend in May is a period set aside to honor the past and traditions of the City, and
WHEREAS, the annual Old Dover Days will be celebrated May 8th and 9th, 1976.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 23 - May 3, 1976 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Special Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED APRIL 12, 1976
LEAF PICK-UP - MARCH AND APRIL
Mr. McDonough moved that the leaf pick-up ordinance be amended to allow City crews to pick up leaves once a month during the months of March and April, seconded by Mr. Weyandt.
By unanimous roll call vote, Council approved the amendment.
REZONING REQUEST - RD 4 BOX 429A - WILLIAM H. AND MABEL DAVIDSON
A request was received to rezone land at RD 4 Box 429A, owned by William H. and Mabel Davidson. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Perman, seconded by Mr. Witt, Council 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 RD 4 Box 429A are presently zoned for R-20 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 May 24, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located at RD 4 Box 429A, owned by William H. and Mabel V. Davidson.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 12, 1976
CORRESPONDENCE
REQUEST TO BLOCK WILLIAM PENN STREET
A request was received from Mrs. Gay Enterline, Program Activity Coordinator for United Cerebral Palsy of Delaware Inc., to barricade William Penn Street in front of the Armory on June 5, 1976 from 8:00 A.M. to 8:00 P.M. The purpose mentioned was an Arts and Craft Festival.
On motion by Mr. Witt, seconded by Mr. Muir, Council approved the request stipulating that all activities be coordinated with the City Manager, Fire Marshal and Chief of Police.
PARKING TRAILERS IN RESIDENTIAL AREAS
Letters were received from Mr. & Mrs. George Palmer and Mrs. Mary C. Goate urging Council action that would amend the ordinance that permits trailers to be stored or parked in residential areas.
On motion by Mr. Witt, seconded by Mr. Bewick, Council acknowledged receipt of the letters and directed that Mr. & Mrs. Palmer and Mrs. Goate be notified that the matter is being studied by the Legislative and Finance Committee.
REQUEST FOR FUNDS - DELAWARE AMERICAN REVOLUTION BICENTENNIAL COMMITTEE
A letter from Mrs. Louise Prickett, Executive Director of the Delaware American Revolution Bicentennial Committee, requested that the City contribute funds to participate in the Heritage Trail Brochure. The brochure will be distributed with other Delaware material during the Delaware Exhibit, Philadelphia ‘76 project.
On motion by Mr. Bewick, seconded by Mr. McDonough, Council denied the request with regret and acknowledged receipt of the letter.
DELAWARE ELECTRIC SIGNAL COMPANY
A letter from Mr. William Stokesbury extended thanks to Mayor and Council concerning a recent appeal to install an underground gas tank at his business on New Street.
On motion by Mr. Witt, seconded by Mr. McDonough, Council acknowledged receipt of the letter.
PEOPLE PLACE II - REQUEST FOR FUNDS
Mr. Michael Rich, President of the Milford Action Committee, sponsoring the People’s Place II program, requested a contribution of $500.00
Mr. Witt moved to notify Mr. Rich that Council at the present time regretfully denies his request. The motion was seconded by Mr. Bewick and carried.
GREATER DOVER CHAMBER OF COMMERCE - INDUSTRIAL DEVELOPMENT
Mr. Richard Brown, President of the Greater Dover Chamber of Commerce, requested that Council designate the Chamber as a focal point for industrial development in the Greater Dover area in soliciting clean industry.
Mayor Legates stated that he would write the letter, with Council’s approval.
Mr. Witt moved that the Legislative and Finance Committee be given an opportunity to review the request before the letter is written. The motion was seconded by Mr. Bewick and carried.
ANNEXATION REQUEST - 110 WYOMING AVENUE
Mrs. J.A. Kennedy, Jr., 110 Wyoming Avenue, requested that her property be annexed into the City.
Mr. Harris moved that Mrs. Kennedy be informed that the Utility Committee has deferred action on annexation requests until a policy is established, incorporating methods to recover the initial cost of utilities. The motion was seconded by Mr. McDonough and carried with Mr. Witt voting no.
Meeting Adjourned at 10:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council in their meeting of April 12, 1976, are hereby approved.
CHARLES A. LEGATES, JR. MAYOR
April 19, 1976
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