City of Dover
Delaware
Delaware
REGULAR MEETING
January 24, 1977
The Regular Meeting of Council was held on January 24, 1977 at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Perman, Witt and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
GUIDELINES FOR DELETIONS OR ADDITIONS TO AGENDA
Mayor Legates informed Council that research has revealed that a vote by Council members is not necessary to add or delete items from the agenda. He suggested that agenda additions be submitted to the Clerk in proper form prior to acceptance of the Minutes of each meeting.
AGENDA ADDITIONS & CHANGES
ITEM #10 - TEMPORARY OFFICE TRAILER - DR. POWELL - TO ITEM #6
Mr. Bewick requested that item #10 be moved to item #6 for the convenience of Dr. Edward Powell to present his request relative to moving a temporary office trailer from West Elementary to Central Middle School.
CHARTER REVISION TO CHANGE ELECTION DATE
Mr. Bewick requested an addition to the agenda (Item #11) for action to revise the City Charter, changing the date of the Municipal Election.
CENTRALIZATION OF CITY GOVERNMENT
Mr. Bewick requested that Agenda Item #12 be added relative to modifying the Charter for the purpose of having Council employees to report to the City Manager, be appointed each year by the City Manager and confirmed by Council.
MODIFY ZONING MAP TO BE COMPATIBLE WITH THE LAND USE PLAN
Mr. Bewick requested an addition to the Agenda (Item #13) to initiate modification of the City Zoning Map, making it compatible with the Land Use Map or Comprehensive Plan.
LIGHTING SILVER LAKE - SOUTHWEST SIDE OF BRIDGE
There was a request for an additional agenda item #14 by Mr. Hardcastle, relating to lighting Silver Lake at the southwest end of the bridge.
PARK AVENUE BETWEEN LOTUS STREET AND MORRIS DRIVE - RESTRICTIVE PARKING
Mr. Perman requested an agenda item #14 to discuss parking on Park Avenue between Morris Drive and Lotus Street.
MINUTES
The Minutes of the Regular Council Meeting of January 10, 1977 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Weyandt and bore the written approval of Mayor Legates.
ELECTION RESULTS - 1977 MUNICIPAL ELECTION & SECOND DISTRICT SPECIAL ELECTION
As certified by the Election Board, the City Clerk presented the following results of the January 17, 1977 Municipal Election and the Special Election for a one (1) year term in the Second District.
MACHINE VOTES ABSENTEE VOTES VOTES
FIRST DISTRICT
Maurice E. Ballard 515 16 531
Joseph M. McDonough 1,178 15 1,193
SECOND DISTRICT
Francis R. Weyandt 1,326 31 1,357
THIRD DISTRICT
Robert Riggs Parker 605 5 610
Charles L. Witt 1,075 24 1,099
FOURTH DISTRICT
Fred B. Carey, Sr. 956 23 979
David L. Perman 788 8 796
SPECIAL ELECTION - SECOND DISTRICT
John B. Carson 812 24 836
Guy R. Isenburg 596 3 599
Kenneth L. Hogan 274 3 277
Mr. Muir moved to accept the results of the election as certified by the Election Board, seconded by Mr. Weyandt. The motion was unanimously carried.
OATH OF OFFICE - ONE YEAR TERM - SECOND DISTRICT - JOHN B. CARSON
The Honorable William G. Bush III, Judge of the Superior Court, administered the Oath of Office to John B. Carson as Councilman in the Second District for a one (1) year term.
Mayor Legates presented Mr. Carson with his Council lapel pin. Former Councilman Douglas L. Harris, escorted Mr. Carson to his seat.
PRESENTATION TO FORMER COUNCILMAN - DOUGLAS L. HARRIS
Mayor Legates presented Mr. Harris with a plague depicting the Seal of the City of Dover.
Addressing those present, Mr. Harris expressed extreme pleasure in serving the City during his tenure of office, and praised the City Staff for their devotion and accomplishments.
TEMPORARY OFFICE TRAILER - DR. EDWARD POWELL
A letter was received from Dr. Edward Powell, Superintendent of Schools, requesting permission to move a temporary trailer office facility from West Elementary School to Central Middle School.
Dr. Powell stated that the trailer would be used for office space and would make available a much needed classroom. The facility would be used for personnel involved in the Migrant Recruiting Program.
Mr. Muir moved to approve the trailer to be located at Central Middle School, seconded by Mr. Bewick.
Questioned, Dr. Powell could not give a definite time period that the trailer would be needed. The reason for choosing Central Middle School is to centralize related departments at this particular location.
Mr. Perman moved to place a one year limit for the trailer at Central Middle School as an amendment to the motion. Mr. McDonough seconded the motion. By a roll call vote of three (3) yes, Mr. McDonough, Mr. Perman and Mr. Bewick, and five (5) no, the amendment was defeated.
By a roll call vote of six (6) yes, two (2) no, Mr. McDonough and Mr. Perman, Council granted the request to locate the trailer at Central Middle School.
RESOLUTION - WILLIAM T. JAMES
On motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously adopted the following resolution by a roll call vote.
WHEREAS, William T. James, is the City Manager of the City of Dover; and
WHEREAS, the mother of William T. James, Florence Crockett, died on Friday, January 21, 1977.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover express their deep regret and sorrow to City Manager William T. James, at the untimely death of his mother, Florence Crockett.
2. That the Mayor and Council of the City of Dover direct that this Resolution be made a part of the permanent records of the City of Dover as an expression of their sympathy to City Manager William T. James, at the death of his mother.
ADOPTED JANUARY 23, 1977
RESOLUTION - LEAGUE OF WOMEN VOTERS
By motion of Mr. Perman, seconded by Mr. Weyandt, Council unanimously adopted the following resolution by a roll call vote.
WHEREAS, the League of Women Voters, Dover, Delaware, Kent County, are dedicated to furthering the participation of a well informed public in the government; and
WHEREAS, to exemplify this dedication, a Meet the Candidates Night is planned and conducted by the League each year to better inform the citizens of the City of Dover; and
WHEREAS, members of the League of Women Voters have contributed unselfishly of their personal time and expertise, to assist the Office of the City Clerk in special registration drives.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their extreme appreciation to the League of Women Voters for their untiring efforts to create interest and knowledge in the affairs of the City.
2. The Mayor and Council acknowledge the personal time and effort by members of the League of Women Voters to promote registration by all citizens of the City of Dover and create participation in the Municipal Election.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to the League of Women Voters.
ADOPTED JANUARY 23, 1977
Mrs. Lorraine Green asked the resolution in behalf of the League of Women Voters and received remarks of appreciation from Mayor Legates.
PROCLAMATION - REVEREND DR. MATIN LUTHER KING
The following proclamation by Mayor Legates, was read as an official record of Council.
WHEREAS, The Reverend Dr. Martin Luther King was born on January 15, 1929 and dedicated his life to the cause of freedom and equality; and
WHEREAS, The Governor of the State of Delaware has issued a proclamation designating January 15, 1977 as “Dr. Martin Luther King Day” in honor of the 48th Anniversary of his birth; and
WHEREAS, Dr. Martin Luther King taught and practiced his belief that, “... non-violence is the answer to the crucial political and moral questions of our time; the need for man to overcome oppression and violence without resorting to oppression and violence.” His work for this cause was recognized not only in this Country, but also abroad when the Nobel Peace Prize was conferred upon him in 1964.
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR of the City of Dover, do officially proclaim January 15, 1977 as “Dr. Martin Luther King Day” in concurrence with the Executive Order of the Governor of our State and urge all citizens to honor and observe the birthday of this great man.
PROCLAMATION - AFRO-AMERICAN (BLACK) HISTORY MONTH
The following proclamation by Mayor Legates, was read as an official record of Council.
WHEREAS, the Association for the Study of Afro-American Life and History was founded in 1915 by Dr. Carter G. Woodson; and
WHEREAS, the purpose of the Association for the Study of Afro-American Life and History is to call attention to the contribution of black people to the advancement of America; and
WHEREAS, the Association, through this effort hopes to foster better understanding between people and to encourage a keener appreciation of the heritage of all American citizens.
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR of the City of Dover do hereby proclaim the month of February AFRO-AMERICAN (BLACK) HISTORY MONTH in the City of Dover and urge all citizens to pay special attention to this month and to the many contributions that Afro-Americans have made to our City and Nation.
REPORTS
Chief of Police Report for the Month of December
The Chief of Police Report for December was unanimously accepted by motion of Mr. Muir, seconded by Mr. Witt.
Building Inspector & Fire Marshal Report for the Month of December
The Building Inspector and Fire Marshal Report for the Month of December was unanimously accepted by motion of Mr. Muir, seconded by Mr. Weyandt.
City Planner Report for the Month of December
The City Planner Report for the Month of December was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
City Alderman Report for the Month of December
The City Alderman’s Report for the Month of December was unanimously accepted by motion of Mr. Witt, seconded by Mr. Weyandt. Total fines remitted $2,568.00. The increased fines were contributed to enforcement of fire lane parking violations.
Cash Receipts, General Fund - Month of December
The report of Cash Receipts, General Fund, for the Month of December was unanimously accepted by motion of Mr. Bewick, seconded by Mr. Hardcastle.
Budget Report - General Fund - Month of November
The Budget Report, General Fund, for the Month of November was unanimously accepted by motion of Mr. Muir, seconded by Mr. Weyandt.
Cash Receipts - Electric Fund - Month of December
The Cash Receipts Report, Electric Fund, for the Month of December was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Budget Report - Electric Revenue Fund - Month of November
The Budget Report, Electric Revenue Fund, for the Month of November was accepted unanimously by motion of Mr. Weyandt, seconded by Mr. Bewick.
Cash Receipts - Electric Improvement Fund - Month of December
The Cash Receipts Report, Electric Improvement Fund, for the Month of December was accepted unanimously by motion of Mr. Hardcastle, seconded by Mr. Weyandt.
Library Fund Report - Six Months Ending December 31, 1976
Council requested that the Library Fund Report for the Month of January reflect expected Federal Grant Income with a breakdown of expenditures.
On motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council unanimously approved the report.
City Manager’s Report - Month of December
The City Manage reported first year maintenance on Unit #3 at McKee Run completed. The unit is now furnishing PJM Pool requirements.
Project 70-A, sanitary sewer extension was completed during the month.
A total of 262 man-hours were expended during the month of December to remove snow and ice.
The Downtown Revitalization Project was halted due to the denial of the EDA funding. Mr. Bewick thought that a meeting should be held with a congressional delegation after Council members have the opportunity to study the report received from EDA.
Mr. Muir moved for acceptance of the City Manager’s report as submitted, seconded by Mr. Bewick and unanimously carried.
J.P. COURT #7 REPORT - DECEMBER
A check was received from J.P. Court #7 in the amount of $5,299.20 for the Month of December. As a result of an audit of the Court’s records, Mr. Willis reported $32,550.19 in deferred payments as of December 31, 1976.
Mr. Muir moved for acceptance of the report, seconded by Mr. Bewick and unanimously carried.
MUNICIPAL ELECTION DATE
Mr. Bewick moved that a resolution be prepared with appropriate draft legislation, modifying the City Charter to hold Municipal Elections, in a month to be determined by the Council Committee of the Whole, during the February 7, 1977 Workshop Session. The motion was seconded by Mr. McDonough and approved unanimously.
CENTRALIZATION OF CITY GOVERNMENT
Mr. Bewick moved that a resolution be prepared with appropriate draft legislation, modifying the City Charter, stipulating that all Council appointees report to the City Manager. Further, they will be appointed annually by the City Manager with the confirmation of the Council. This item is to be referred to the Council Committee of the Whole for discussion and/or action at the February 7, 1977 Workshop Session. The motion was seconded by Mr. McDonough. The motion was unanimously approved.
MODIFICATION OF CITY ZONING MAP
Mr. Bewick moved that a hearing be held March 28, 1977, to modify the City Zoning Map, to facilitate compatibility with the City Comprehensive Plan. This item is to be referred to the Planning Commission. The motion was seconded by Mr. Hardcastle.
Asked what reason prompted the motion, Mr. Bewick stated, “if the map and plan are not compatible, there is no use having either”.
Mr. Roe explained that the Zoning Map is quite old in comparison to the date that the Comprehensive Plan was adopted. The Comprehensive Map has already been violated by rezonings. Mr. Roe further stated that the City could encounter legal difficulties, if land is rezoned to meet with the Comprehensive Plan, when purchased contingent upon a rezoning.
Mr. Hardcastle called for the question, which was unanimously approved by Council.
SILVER LAKE LIGHTING - SOUTHWEST SIDE OF BRIDGE
Mr. Hardcastle moved to authorize the City Manager to turn on the lights at the ice skating area on Silver Lake, southwest side of the bridge, in the vicinity of Richardson Park. The motion was seconded by Mr. Perman.
Mr. John Patterson of 315 Mimosa Avenue, addressed Council requesting that the lights be turned on to enable parents to give supervision to their children after dark, or working hours.
Mr. Weyandt moved to amend the motion to read that the lights at Richardson Park would be timed to coincide with City street lights year around. The amendment was seconded by Mr. Hardcastle.
It was stated that lights year around would serve as a deterrent for those using the park for purposes that might violate City ordinances or other laws and aid police surveillance.
A vote for the amendment was approved with Mr. Muir and Mr. Bewick voting no.
A vote on Mr. Hardcastle’s motion to illuminate the lights at Silver Lake, southwest side of bridge, in the vicinity of Richardson Park, was approved with Mr. Bewick and Mr. Muir voting no.
In lieu of newspaper notices, the City Solicitor advised that a sign be erected in the area.
Mr. Hardcastle moved that the City Manager be authorized to erect an appropriate sign in the Richardson Park area to protect the City against possible liability.
In discussion it was stipulated that the Solicitor devise the wording of the sign.
By a voice call vote, Council approved the installation of a sign as stipulated unanimously.
RESTRICTIVE PARKING - PARK AVENUE LOTUS STREET AND MORRIS DRIVE
Mr. Perman stated that Park Avenue, being a very narrow street, presented a hazard for emergency vehicles, especially during church hours, due to parking.
Mr. Perman moved that Council consider restrictive parking on Park Avenue, between Lotus Street and Morris Drive and referred the matter to the Safety Advisory Committee. Mr. Muir seconded the motion and the motion was carried unanimously.
Meeting Adjourned at 9:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of January 24, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
January 31, 1977
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