City of Dover
Delaware
Delaware
REGULAR MEETING
July 10, 1978
The Regular Meeting of Council was held on July 10, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt and Bewick. Councilman Carson was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Bewick requested an executive session immediately following adjournment of the regular meeting to discuss personnel matters.
Mr. Hardcastle requested an additional agenda item to discuss motor bikes.
Mr. McDonough requested an additional agenda items to discuss the method of notification concerning rezonings.
Mayor Legates requested an additional agenda item to present a resolution concerning the death of W.E. Haman.
Mr. Willis requested two additional agenda items to present a letter from Mr. Mike Harrington and correspondence from the Chamber of Commerce.
RESOLUTION - FORMER MAYOR W. EDWARD HAMAN
By motion of Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote (Mr. Carson absent) adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the unexpected death of W. Edward Haman, a former Mayor of the City of the City of Dover and a prominent businessman in the City for many years, who departed this life on July 8, 1978; and
WHEREAS, W. Edward Haman served as Mayor of the City of Dover for five successive terms from 1952 to 1962, during which time the City progressed immensely through adding and improving needed services to its citizens; and
WHEREAS, E. Edward Haman was very active in various civic organizations. He was a member and past president of the Dover Rotary Club for forty years and was known in that organization for regularity in attending its meetings; and
WHEREAS, as an owner of a successful business in downtown Dover, W. Edward Haman contributed greatly to the vitality of the Dover business district.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of W. Edward Haman and extend their deepest sympathy to his family.
2. That the Mayor and Council make known their appreciation of W. Edward Haman for his accomplishments as a former Mayor of the City of Dover and his service to the business community of Dover.
3. That the Mayor and Council direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of W. Edward Haman.
ADOPTED JULY 10, 1978
Following the reading of the resolution, Mayor Legates announced that all City flags will be flown at half mast from July 10, 1978 through July 24, 1978.
MINUTES - COUNCIL MEETING OF JUNE 26, 1978
Referring to the Minutes of June 26, 1978under the heading “U.S. Route #13 Traffic Hazards - Resolution” Mr. Witt inquired if any correspondence had been received and was informed by the City Clerk that no letters of acknowledgment have been received to date.
Mr. McDonough asked if the City Manager had any additional information on the $3,365 overrun which was incurred on EDA Projects. Mr. Hodge replied that he would attempt to break down the overrun in the various categories for a report to be submitted to Council on July 24, 1978.
By motion of Mr. Witt, seconded by Mr. Bewick, the Minutes of the Regular Meeting of June 26, 1978 were unanimously approved and bore the written approval of Mayor Legates.
REPORT - PARKS, PLAYGROUNDS AND TREES COMMITTEE
The Parks, Playgrounds and Trees Committee met on June 29, 1978 with Chairman Hardcastle presiding.
HAZ Corporation - Use of Dover Park
The Committee discussed a request submitted by the HAZ Corporation to permit the use of a portion of the City of Dover Park and Recreation area to hold an ethnic appreciation day on August 19, 1978. The discussion covered questions raised concerning liability clean-up and groups selling their food to recoup their basic cost.
After weighing these concerns, the Committee recommended that the organization be permitted to use a portion of the park as ascertained by the Director and under the rules and regulations stipulated by the Recreation Department.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Muir.
Mr. Witt was concerned with selling items in City parks and the precedent that might evolve if a profit is realized.
Mayor Legates reminded Council that each request received can be considered on its merits and either denied or approved.
Mr. Hardcastle stated that there was no indication of an attempt to realize a profit on the function. The real concept of the event is to join various ethnic groups to better understand customs of food, dress and cultures.
Mr. Weyandt reminded Council of the recently adopted rules and regulations for the Parks and Recreation area. He felt that said regulations should be tested by permitting such functions for future consideration of expanding or altering the rules in accordance with the experience gained.
On a call for the question, Council approved of the use of the Dover Park and Recreation area by the HAZ Corporation by a vote of six (6) yes, one (1) no (Mr. Witt) and Mr. Carson absent.
Gospel Tent - Walker Road
Chairman Hardcastle reported that additional information has been received in relation to a request by Reverend Conner to erect a gospel tent on Walker Road. The tent would be erected on the north side of Walker Road and would provide ample parking for those attending services.
Mr. Hardcastle moved for approval of the gospel tent from August through September, stipulating that all plans for the function be coordinated with the Fire Marshal and Chief of Police. The motion was seconded by Mr. Muir and unanimously carried.
Patrolling Silver Lake After Closing Hours
Relating to a complaint by Mrs. Miller, a member of the Committee, Mr. Weyandt stated that additional surveillance by the Police Department at the Silver Lake Park has substantially reduced annoying disturbances after park closing hours.
No Alcoholic Beverages Posted at Parks
Mr. Witt referred to the Committee minutes which indicate that all park areas within the City are posted, prohibiting the use of alcoholic beverages. He stated that the City of Dover Park and Recreation area on the Whiteoak Road does not have a sign on the premises to date.
Mr. Weyandt reported that a sign is now being made up by the Highway Department that will be erected at the entrance of the Whiteoak Road park upon completion.
Mr. Hardcastle moved for approval of the Parks, Playgrounds and Trees Committee minutes, seconded by Mr. Muir.
Following a discussion on the use of alcoholic beverages in park areas, Mr. Bewick moved to amend Mr. Hardcastle’s motion for approval to include a request that Chief Spence initiate additional patrolling of the Silver Lake Park area and the City of Dover Park and Recreation area on the Whiteoak Road. The motion was seconded by Mr. Witt.
Asked to comment by Mr. McDonough, Chief Spence stated that close surveillance in park areas removes a regular duty officer from his specified district where he is needed for other emergencies. It is a function of the department to place each incident in a priority and proceed on investigations accordingly. Park areas, being open areas as such, are difficult to patrol, especially for the purpose of apprehension of a suspect. On a call for the question of the amendment to Mr. Hardcastle’s motion for additional surveillance of the park areas after closing hours, the amendment was unanimously approved.
The Minutes of the Parks, Playgrounds and Trees Committee were unanimously approved as moved by Mr. Hardcastle.
REPORT - SAFETY ADVISORY COMMITTEE
The Safety Advisory Committee met on June 29, 1978 with Chairman Hardcastle presiding.
Parking Restrictions - Weekend Holidays
The Committee considered a request from Mr. Kurt Fetterman to relax enforcement of parking violations on extended weekend holidays. It was the general feeling of the Committee that relaxation of enforcement would tend to create confusion and might interfere with the duties of maintenance crews in certain instances.
Chief Spence stated that parking violators tend to forget that a Monday holiday ends at 12:00 midnight on Monday. Tickets are then issued after the midnight hour for Tuesday.
Mr. Witt moved for the recommendation of the Committee to enforce parking ordinances as prescribed and as written. The motion was seconded by Mr. Muir and unanimously carried.
Removal or Covering of Downtown Parking Meters
Mr. Hardcastle referred to a letter from the Dover Business Association, dated June 23, 1978, which states that the Central Dover Business Association would discontinue paying for meters that were removed in the Downtown Dover area, to be effective June 30, 1978. The letter also informed Council that the Association has had an increasing number of non-participants, particularly from non-members, and an increased number of vacated stores.
After conversations with the Mayor and the City Manager, noting that the Merchants would no longer pay for covered or removed meters after June 30, 1978, Mr. Hardcastle moved that the City not replace the meters that have been removed for approximately one year and that no action be taken to reinstall the meters until the downtown renovations are completed. The motion was seconded by Mr. Carey.
A discussion followed on the restrictions of the motion that might prohibit reinstallation of the meters, particularly after construction of the sidewalks in the downtown area.
Mr. Weyandt suggested that the City Manager’s office include engineering for the placement of the meters in the new sidewalk, which would provide at least a base for the meters for the purpose of installation at any time in the future.
Mr. McDonough reminded Council that income from the parking meters is utilized to pay a $15,000 annual obligation to the Dover Parking Authority. Without the income from the meters now removed, the City would be obligated to make up the difference for the Authority’s bond obligation, or in a sense, donating that amount for the merchants.
Mayor Legates stated that the intent of meters was never to establish income. Meters were installed to remove or cycle parking to provide spaces for customers of Loockerman Street. Further, he urged Council to consider the remaining meters that cause complaints concerning parking violations and actually discriminates against other businesses in areas not on Loockerman Street.
Mr. Witt stated that removal of parking meters on Loockerman Street has caused increased periods of parking by merchants.
Mr. Bewick moved to amend Mr. Hardcastle’s motion, requesting that the Safety Advisory Committee undertake a study of all parking meters in the City for possible removal and consideration of a two hours parking restriction as a possible alternative. The motion was seconded by Mr. Weyandt.
Mr. McDonough suggested a study to consider complete abandonment of the Parking Authority with the City accepting responsibility for their obligations and parking facilities.
Mr. Bewick’s amendment to Mr. Hardcastle’s motion was unanimously carried.
A vote on Mr. Hardcastle’s main motion was carried by a vote of six (6) yes, one (1) no (Mr. Witt) with Mr. Carson being absent.
Mr. Hardcastle moved for acceptance of the Safety Advisory Committee Report as submitted, seconded by Mr. Muir and unanimously carried.
SALE OR POSSESSION OF DANGEROUS OR POISONOUS PETS
Mr. Witt reported complaints from residents concerning the sale of boa constrictors and tarantulas within the City. He moved that the above be referred to the Legislative and Finance Committee and the Inspector’s office to determine if the City or State has prohibitive ordinances and if not should Council consider such an ordinance. The motion was seconded by Mr. Bewick and unanimously carried.
ANNUAL CITY SURPLUS SALE - CITY MANAGER AUTHORIZATION
The City Manager requested that his office be authorized to hold City surplus sales on an annual basis rather than the necessity of approval each year. Mr. McDonough moved to grant the request, seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Delaware Opportunities Industrialization Center, Inc. - Revenue Sharing Funds
A letter was received from Mr. Fred Way, Director of the D.O.I.C., Inc., requesting a further explanation as to why the Dover Chapter was completely omitted from receiving any funds for fiscal year 1979.
Mr. Weyandt moved that the City Clerk acknowledge receipt of the letter, explaining to the D.O.I.C. Council’s decision to grant Revenue Sharing Funds. The motion was seconded by Mr. Muir and unanimously carried.
Delaware State News - Direction 1978
A form letter was received from the Delaware Stare News, Mr. Gene Cook - Advertising Manager, asking if the City would be interested in taking a page or portion of a page, advertising in their Direction 1978 edition.
Questioned by Mr. Weyandt, Mr. Hodge stated that the City inserted a half page advertisement in 1977 for an approximate price of $200. He added that the advertisement rates for 1978 have increased, making a half page advertisement cost $220.
Mr. Bewick pointed out that the letter states that the advertisement is for the purpose of demonstrating a vital business role in the community. It was his personal opinion that the City of Dover really has no use for this type of advertisement, since the City is not a business institution.
Mr. Bewick moved that the City not participate in the Delaware State News/Direction 1978 Edition. The motion was seconded by Mr. Muir.
Mr. McDonough stated that the City should consider itself a part of the community and participate in certain community affairs as other members of the Chamber of Commerce.
On a vote for Mr. Bewick’s motion to not participate in the advertisement this year, the motion was approved by a vote of six (6) yes, one (1) no (Mr. McDonough) with Mr. Carson being absent.
Political Signs - Michael Harrington
A letter was received by Mr. Roe from Mr. Michael H. Harrington, candidate for Representative of the 31st District, requesting permission to post political signs throughout the City. Mr. Harrington’s request would cover from the middle of July through November 7, 1978. He also mentioned that the proposed signs would be of a size of 4' x 8'.
It was noted that in 1976 the Legislative and Finance Committee recommended that not more than one sign be placed on a residential lot with a maximum size of 2' x 4' and an historical zone and commercial zones.
Mr. Bewick moved that Mr. Harrington be furnished with a copy of the policy adopted by Council in the year 1976. The motion was seconded by Mr. Weyandt and unanimously carried.
Chamber of Commerce - Assistance in Purchasing Bonds to Liquidate Debt
A letter was received from Mr. Horace W. Cook, President of the Greater Dover Chamber of Commerce, requesting assistance from the City in purchasing $59,000 in bonds to liquidate a debt incurred from the annual Chicken Festival. The assistance would be in the form of a bond pledge from the City of Dover.
Mr. McDonough moved to deny the request, seconded by Mr. Witt and unanimously carried.
Complaints of Motor Bikes or Motorcycles Operating After Twelve Midnight
Mr. Hardcastle reported that motorcycles or motor bikes operating in a six or eight block area after midnight has resulted in various complaints from residents. He asked if there are any existing ordinances that could be enforced to alleviate this problem.
Chief Spence stated that motorcycles or motor bikes are licensed vehicles of the highway and unless they are being operated in an unorthodoxed manner, there would be no grounds for arrest.
After a general discussion, with a suggestion that residents conduct personal surveillance in order to identify the operators, Council concluded that there is little that can be done to stop the annoyance.
PLANNING COMMISSION MEETING AND PUBLIC HEARING NOTIFICATION - REZONINGS
Mr. McDonough mentioned that residents living within 150' of a proposed rezoning are not notified of the Planning Commission meeting that would consider this matter. The form letter utilized for notification only mentions the date, time and place of the public hearing.
Mr. McDonough moved that the above be referred to the Utility Committee for study, seconded by Mr. Weyandt and unanimously carried.
Mr. Witt moved for adjournment to executive session to discuss personnel matters, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of July 10, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
July 17, 1978
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