REGULAR MEETING
August 28, 1978
The Regular Meeting of Council was held on August 28, 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. McDonough requested an additional agenda item to discuss a change in the starting time of Council Meetings.
Mr. Witt requested an additional agenda item to discuss a proposed meeting in references to the Interstate Highway System.
Mr. Hodge requested that an item be added under the City Manager’s Report concerning the bid awarding of the City’s portion of the Saulsbury Road project.
Mayor Legates requested an additional agenda item related to trucks using State Street and Governors Avenue.
MINUTES - AUGUST 14, 1978
Referring to the Minutes of August 14, 1978, under the heading of “Installation of New Fire Sirens”, Mr. McDonough requested that the last sentence be amended to read “This will also assist in not depleting the total manpower of the fire company in case of a general alarm or structural fire.”
Mr. McDonough suggested that the City Clerk look into the possibility of using double sided copying for minutes, which would result in a considerable savings on paper.
By motion of Mr. Muir, seconded by Mr. Weyandt, the Minutes of the Regular Council Meeting of August 28, 1978 were unanimously approved as amended and bore the written approval of Mayor Legates.
MONTHLY REPORTS
Chief of Police Report for the Month of July
The Chief of Police Report for the Month of July was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Muir.
Building Inspector & Fire Marshal Report for the Month of July
By motion of Mr. Witt, seconded by Mr. Carey, the Building Inspector and Fire Marshal Report for the Month of July was unanimously accepted.
City Alderman Report for the Month of July
Fines remitted for the Month of July totaled $783.00. By motion of Mr. Muir, seconded by Mr. Carey, the City Alderman Report for the Month of July was unanimously accepted.
General Fund, Cash Receipts Report for the Month of July
The General Fund, Cash Receipts Report for the Month of July was unanimously accepted by motion of Mr. Muir, seconded by Mr. McDonough.
General Fund, Budget Report for the Month of June
The General Fund, Budget Report for the Month of June was unanimously accepted by motion of Mr. Muir, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of July
The Electric Revenue Fund, Cash Receipts Report for the Month of July was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Revenue Fund, Budget Report for the Month of June
The Electric Revenue Fund, Budget Report for the Month of June was unanimously accepted by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Improvement Fund, Cash Receipts & Disbursements Report - July
The Electric Improvement Fund, Cash Receipts and Disbursements Report for the Month of July was unanimously accepted by motion of Mr. Witt, seconded by Mr. Bewick.
Library Fund, Cash Receipts & Disbursements Report for the Month of July
The Library Fund, Cash Receipts and Disbursements Report is for the month of July rather than June, as stated in the report.
The Library Fund, Cash Receipts and Disbursements Report for the Month of July was unanimously accepted by motion of Mr. Muir, seconded by Mr. Carey.
City Manager’s Report for the Month of July
In response to a question by Mr. Weyandt, Mr. Saxton replied that the City is constantly taking water samples at Silver Lake; however, no results of the samples have been received from the State Board of Health. Mr. Saxton also stated that Mr. Roe has written to the Environmental Protection Agency requesting their assistance in this situation. Mr. Roe was advised that the request requires Cabinet Secretary approval, which has not been received to date.
Mr. Weyandt stated that this is a serious health problem and it should be taken care of as soon as possible.
Mr. Witt moved that the City Manager contact the Office of the Governor, requesting action to expedite the results of the water samples. The motion was seconded by Mr. Weyandt and unanimously carried.
By motion of Mr. Muir, seconded by Mr. Bewick, Council unanimously approved the City Manager’s Report for the Month of July as submitted.
AWARDING OF BID - SAULSBURY ROAD PROJECT
Mr. Hodge explained that in conjunction with the widening and improving of Saulsbury Road, between Walker Road and Forest Street, the City is required to relocated our 69KV lines. It is the recommendation of the City Manager that the bid be awarded to Hinkels and McCoy, Inc., with the lowest bid of $112,515. Upon completion of the contract, the City will be reimbursed by the federal government.
Mr. Bewick moved for the recommendation of the City Manager, seconded by Mr. Hardcastle and unanimously carried.
J.P. COURT #7 REPORT - JULY
A check in the amount of $7,001.40 was received from J.P. Court #7 for the Month of July, with deferred payments totaling $24,862.96 through the Month of June.
By motion of Mr. Muir, seconded by Mr. Carey, Council approved the J.P. Court #7 Report for the Month of July as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on August 16, 1978 with Chairman Muir presiding.
Voter Registration by Mail
In discussing voter registration by mail, it was the committee’s recommendation that Council direct the City Solicitor to draw an ordinance that would initiate adoption of this form of registration.
Mr. Muir moved for the recommendation of the Committee, seconded by Mr. McDonough and carried by a roll call vote of seven (7) yes, one (1) absent (Mr. Carson).
Categorical Grant - Dover Heritage Trail
The Committee discussed a request from Dover Heritage Trail for a categorical grant of $5,000 to assist in the purchase of the McDowell-Collins building on South State Street. On the basis of the lack of available funds as presented by the City Manager’s office, it was the recommendation of the Committee that the request be denied.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
Mr. Witt moved for approval of the Legislative and Finance Committee report as submitted, seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT - SPECIAL MEETING
The Safety Advisory Committee was held on August 17, 1978 with Chairman Hardcastle presiding. Mr. Hardcastle stated that the Safety Advisory Committee held an informational meeting in reference to school crossing guards for the coming school year, with representatives from the School Board and Kent County being present. This matter will be further explored in the next meeting of the Safety Advisory Committee, which will be held on September 19, 1978.
Mr. Muir moved for approval of the Safety Advisory Committee Report, seconded by Mr. Carey and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on August 21, 1978 with Chairman Bewick presiding.
Notification to residents - Planning Commission Rezoning Hearings
The Committee discussed the importance of notification to adjacent property owners that the Planning Commission is considering a rezoning recommendation to Council. It was the recommendation of the Committee that property owners within 150' be notified of the time and place that the Planning Commission will consider a rezoning for possible input into the proceedings.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Muir and unanimously carried.
Acorn Lane Annexation Request
The Committee considered a proposal to purchase a plot of land to annex for the purpose of erecting a one million gallon water storage tank. It was the recommendation of the City Manager and the Engineering Department that the option to purchase be dropped and that a portion of the present park wooded area be utilized or this purpose.
Based on the recommendation of the City Manager and the City Engineer, the Committee recommended that the option of purchase be dropped with proper notification to the present owner.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
Notification of Disconnect - Electric Service
The Committee studied a form which would facilitate a special notice to the elderly, sixty years and older, and the handicapped in cases of electric disconnect for nonpayment. The form incorporates provisions for notice to be given to a second person outside the household, chosen by the elderly or handicapped person.
Mr. Bewick moved for approval of the form, seconded by Mr. McDonough and unanimously carried.
Electric Reconnect Fees
The Committee recommended the following fees for electric reconnect due to a disconnect for nonpayment:
Regular Working Hours
Residential Reconnect $10.00
Reconnect at Pole $25.00
After Hours, Weekends & Holidays
Residential Reconnect $25.00
Reconnect at Pole $40.00
Mr. Witt moved for the recommendation of the Committee, with said fees being effective September 1, 1978. The motion was seconded by Mr. Bewick and unanimously carried.
Application Form - Utility Rate Increase Request
In a letter dated August 9, 1978, the City Solicitor suggested that Council adopt, by ordinance, the regulatory provisions of the public Service Commission as contained in Subchapter VI of the Delaware Code - 26 Section 601. He also suggested that the City follow the mechanism used by the Public Service Commission in reviewing a franchise request by securing bids of qualified teleservice consultants.
It was the Committee’s recommendation that Council adopt an ordinance which parallels Delaware Code - 26 Section 601 as recommended by the Solicitor.
Mr. Bewick moved that the City Solicitor be directed to draw up an ordinance which parallels Delaware Code - 26 Section 601. The motion was seconded by Mr. Witt and unanimously carried.
Mr. Bewick informed Council that the Committee also recommended that a professional consultant be employed for the purpose of reviewing franchise teleservice requests and agreements and formulate a report to the Committee and Council.
Mr. Bewick appointed Mr. Irving Levitt to a sub-committee to work with the City Manager’s office in devising a format of pertinent required information rather than asking for a complete overview type of study, therein reducing the consultant fees. Mr. Bewick moved that this be made a part of the Utility Committee minutes, seconded by Mr. McDonough.
Kertiles Property - New and Reed Streets
The Committee considered the purchase of the Kertiles property offered to align Reed Street from New Street to Kirkwood Street ad the railroad. The purchase of the property could also be the first step in widening the street from Governors Avenue west. It was the City Manager’s opinion that the purchase would serve no useful purpose.
Based on the opinion of the City Manager, it was the recommendation of the Committee that the purchase not be considered.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Witt and unanimously carried.
Girl Scout Lane
Several years ago, a portion of land known as Girl Scout Lane, adjacent to the City of Dover Park and Recreation area, was donated to the City by Mr. Eugene Reed. Action was never taken to include this land into the corporate limits.
The Committee recommended that Council direct the Solicitor to prepare an ordinance for inclusion of Girl Scout Lane into the City.
Mr. Bewick moved for the recommendation of the Committee, seconded by Mr. Muir and unanimously carried.
Spence - Burke Annexation Requests
Mrs. William J. Burke and Mrs. Eilleen Spence requested annexation of their properties located on the south side of Leipsic Road, east of Persimmon Tree Lane. The property owned by Mrs. Eilleen Spence in contiguous to the City limits and is adjacent to the Burke land. Mrs. Burke explained to the Committee her dire need to sewer service due to the water on her property.
The Committee recommended that Council adopt a resolution to hold a referendum on September 27, 1978 for consideration of annexation of this property.
Mr. Bewick moved that an annexation referendum be held on September 27, 1978, seconded by Mr. Witt. By a unanimous vote, Mr. Carson absent, Council approved the annexation referendum date and adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area situated at the northeast corner of the intersection of Kent County Road #88 and Persimmon Tree Lane and northeast of the present City limits, and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
ALL those two parcels of land situated at the northeast corner of the intersection of Kent County Road #88 - - Leipsic Road, and Persimmon Tree Lane, being lot numbers 1 and 2 of a Revised Plat of William H. Spence Subdivision, in plat book 2, page 20, and having a combined frontage on Leipsic Road of about 195', extending back a depth of about 185';
Also, the right-of-way of Road #88 - - Leipsic Road - - (now at 30' wide) as it extends from the extended southerly line of Persimmon Tree Lane northerly about 2577', to the centerline of Muddy Branch; also, the right-of-way of Road #337 - - Persimmon Tree Lane - - (now at 50' wide) as it extends from the westerly side of Leipsic Road easterly, about 2980', to its intersection with the present boundary of The City of Dover; containing 5.960 acres of land (0.009 square miles) more or less.
2. That an election be held on the 27th day of September, A.D. 1978, commencing at the hour of 1:00 P.M. in the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to he provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED AUGUST 18, 1978
Mr Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Hardcastle and unanimously carried.
UPDATE - DOWNTOWN RENOVATIONS
Mr. James informed Council that bids for the downtown Dover renovations were resubmitted and it appears that the bids will coincide with he allowed monies for the project. As soon as definite figures are received, Mr. James will submit them for Council’s study and recommendations.
Although, there is no change of construction starting the day after Labor Day, as was previously hoped for, the completion date should remain as originally planned.
In response to a question by Mr. Witt, Mr. James stated that street construction will not interfere with holiday shopping.
CIRCUS REQUEST - WESLEY COLLEGE
Action on a request by Wesley College to hold a circus at Queen and Clara Streets was deferred pending staff comments. Mayor Legates referred to letters from the Chief of Inspections and the Chief of Police, both stating objections to the circus.
Ms. Mary Alice O’Donnell, Director of Student Activities at Wesley College, was present to reiterate their desire to hold the circus at the said location. In reference to the objections of the Chief of Inspections, Ms. O’Donnell stated that although this property is zoned residential, it is bordered on three sides by commercial property. Ms. O’Donnell stated that the circus does have fire insurance and that proof of insurance would be submitted upon approval of the request.
Because of the noise and litter that would be generated, Mr. Carey voiced his objections to holding this circus in a residential area. He felt that there are many other locations within the City that would be better suited for this purpose.
In view of previous opposition of this request, Mr. Hardcastle inquired as to Dr. Cooke’s opinion of this request. Ms. O’Donnell replied that it was the feeling of Dr. Cooke that more student involvement would be received if the circus was held on College property.
Mr. McDonough stated that he feels the City should encourage College related activities; however, based on the recommendations of staff, he feels obligated to vote against this request.
Mr. Witt moved that the request be denied. The motion was seconded by Mr. Carey and unanimously carried, with Mr. Carson absent.
CORRESPONDENCE
Myrtle and Mamie Harris - 291 State College Road - Water Request
A letter was received from Myrtle and Mamie Harris, 291 State College Road, requesting the use of City water. It was stated in the letter that the present water system is insufficient and contains large quantities of iron and rust.
Mr. Witt stated that properties that border along City lines seem to have many problems with water and/or sewer systems and that these problems should be solved by Kent County rather than the City of Dover.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Carey and unanimously carried.
CONVENING TIME OF COUNCIL MEETINGS
According to Article I, Section 2-2 of the Dover Municipal Code, the Mayor has the authority to set the time and place to hold Council meetings. Therefore, Mr. McDonough requested to set the time and place to hold Council meetings. Therefore, Mr. McDonough requested that Mayor Legates change the regular meeting time of Council from 7:30 p.m. to 7:00 p.m., with the exception of the Annual Meeting which is set for 7:30 p.m. by Charter. Mr. McDonough stated that meeting earlier would allow for an earlier adjournment time.
Mr. Weyandt stated no objections to the earlier meeting time but voiced some doubts as to whether this would result in an earlier adjournment time.
Mayor Legates suggested a cutoff time for agenda additions, with the exception of emergencies, which would alleviate lengthy agendas and last minute additions. He requested that this item appear on the next regular Council meeting agenda.
Mr. Witt voiced his objections to the change in times. His time schedule has been set to coincide with the 7:30 p.m. Council Meeting. Mr. Witt also had doubts as to this change resulting in an earlier adjournment time. To guarantee an earlier adjournment time, Mr. Witt suggested that a time limit be set on the length of Council meetings.
Mr. McDonough moved that the Mayor be requested to set the starting of all future Council meetings at 7:00 p.m., with the exception of the Annual Meeting which is set for 7:30 p.m. by Charter. The motion was seconded by Mr. Bewick and carried by a roll call vote of five (5) yes, two (2) no (Mr. Hardcastle and Mr. Witt) with Mr. Carson absent.
PROPOSED MEETING - INTERSTATE HIGHWAY SYSTEM
Mr. Witt referred to a proposed meeting to discuss the Interstate Highway System which would consist of the Congressional Delegation, Mr. Brock Adams, Members of City Council and members of the Delaware Department of Transportation. A reply was received from Governor du Pont stating that Secretary Jarvis was out of town and plans for setting the meeting would be discussed upon his return.
Since no plans for the said meeting have been received to date, Mr. Witt moved that the City Manager’s office be authorized to contact Secretary Jarvis’ office to inquire on the progress of any arrangements for such a meeting. The motion was seconded by Mr. McDonough and unanimously carried.
TRUCKS USING STATE STREET AND GOVERNORS AVENUE
Mayor Legates referred to a letter from the Senatorial Delegation in response to his inquiry on the authority of the City in regulating traffic on federal-aid highways. This inquiry was made in response to many complaints to trucks using State Street and Governors Avenue.
The letter stated that the federal government has no present authority to approve or disapprove state or municipal restrictions for local vehicular traffic on federal-aid highways.
Mayor Legates stated that he would refer the letter to the Solicitor for his study and report at the next Council meeting regarding the enforcement of our ordinance pertaining to trucks on State Street and Governors Avenue.
MEETING ADJOURNED AT 8:44 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 28, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
September 1, 1978
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