REGULAR MEETING
August 14, 1978
The Regular Meeting of Council was held on August 14, 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. Witt requested an additional agenda item to comment on the oil storage fire on the Port Mahon Road.
Mr. McDonough requested an additional agenda item to present a letter from Mrs. Alfred Biggs and Mr. Phillip Barnard concerning air conditioning noise.
Mr. Roe requested an additional agenda item to discuss the Victorian Dover Historic District.
Mayor Legates presented Mr. Bewick with a legal opinion from the City Solicitor concerning the powers of the Public Service Commission over municipal franchises. The aforementioned will be considered during a future Utility Committee meeting.
MR. WITT’S COMMENTS ON FUEL STORAGE FIRE - PORT MAHON ROAD
Mr. Witt commended volunteer firemen from neighboring communities who were instrumental in controlling the fire caused by lightning at the fuel storage site at Port Mahon. His remarks were critical of the press coverage that did not exploit the many hours spent by volunteers.
Mr. Witt also mentioned the inaccessibility of the Port Mahon Road and the inadequacy of Route #13 for emergency equipment that was utilized from Getty Oil, south of Wilmington, and National Foam, from West Chester, Pennsylvania.
He related the fire to a national security situation where some type of interstate or limited access highway would be a much needed asset. In expressing his concern on the subject, he stated that he would work toward the reality of such a highway if a suggested meting between state, city and national officials did not materialize.
PROJECT #72 - PERSIMMON TREE LAND - WATER MAIN - FRONT FOOT CHARGE
Mr. Hodge informed Council that all charges for Project #72, Persimmon Tree Lane water line, have been computed by the Engineering Department. It was the recommendation of the City Manager’s Office that a front foot charge of $6.56 be adopted as a charge to the adjacent property owners.
Mr. Muir moved for approval of the City Manager’s recommendation, seconded by Mr. Bewick and unanimously carried, with Mr. Carson absent.
PROJECT #74 - NEW STREET SEWER - BID RESULTS
Mr. Hodge reported the following results as a result of a bid opening for Project #74, New Street sewer:
Warren Brothers 18,955 Seaford Construction 44,200
Webb Construction 20,510 Engineer’s Estimate 18,145
Teal Construction 20,888
It was the recommendation of the City Manager’s Office that the bid for Project #74 be awarded to Warren Brothers in the amount of $18,955.
Mr. Muir moved for approval of the recommendation of the City Manager, seconded by Mr. Hardcastle and unanimously carried.
BIRDS - NORTH STATE STREET AREA
Mr. Hodge informed Council that Bartlett Tree Service has begun trimming trees on North State Street from the cemetery back to the four hundred block. It is expected that this will take at least two weeks at a weekly cost of $1,620. Several residents in the three hundred block have contacted the City Manager’s Office stating that they did not wish to have trees in that area trimmed.
Mr. Weyandt also reported conversations with residents in the North State Street area who did not wish to have trees trimmed. He suggested that residents circulate a petition to this effect, stipulating that the petition state that the City, in the future, will no longer be held responsible for migrating birds roosting in the trees.
Mr. Hodge advised residents who contacted him that the thinning of trees will start at the cemetery and end in the four hundred block of North State Street. Before continuing in the three hundred block of North State Street, a study will be made to determine the advisability of continuing the program.
INSTALLATION OF NEW FIRE SIRENS
Mr. Weyandt requested an update on the recently purchased fire sirens as to locations of installation and total purchase price. Questioned by Mr. Weyandt, Mr. Hodge stated that the three sirens recently approved for purchase by Council have been received at a total cost of $3,330. The sirens have been installed, except one to be replaced at Pine Street.
Chief Baker stated that the Pine Street siren will be replaced at a later date with the older unit being utilized as a spare.
Responding to an inquiry by Mr. McDonough, Chief Baker reported that he is now formulating a plan to utilize a crew call system for minor incidents such as gasoline wash downs. This will eliminate a general alarm and the necessity of sounding sirens in the late evening or early morning hours. This will also assist in depleting the total manpower of the fire company in case of a general alarm or structural fire.
PURCHASE OF TWO AMBULANCES
Mr. Weyandt inquired into the status of the purchase of two new ambulances as to delivery date and purchase price.
Mr. Hodge stated that the November 1977 bid was rejected due to excessive cost for the two units. Bid specifications were rewritten, eliminating unnecessary accessaries. In February of 1978, bids were resubmitted with the low bid of $47,867.98 being awarded to Springfield Equipment Company. The two new units are expected to be delivered some time in mid-September.
Mr. Hodge added that the first or second week of September will mark the beginning of a ten week paramedic course for four of the ambulance personnel. After completion of the course, the remaining four ambulance personnel will also receive paramedic training.
Mr. Weyandt requested that a report be submitted by the City Manager’s Office relating to difficulties experienced by New Castle County with paramedic personnel. Mr. Hodge stated that a report will be submitted after consultation with New Castle County officials.
REZONING REQUEST - 882 - 884 SOUTH GOVERNORS AVENUE - DORIS H. KOHN
A request was received to rezone property located at 882-884 South Governors Avenue, owned by Doris H. Kohn. The equitable owner is Alpha Realty Company, agent for Matthew J. and Shirley M. Spinella. The request is for the purpose of a professional office building. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Carey, Council unanimously 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 OF 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 882 - 884 South Governors Avenue are presently zoned for R-8 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 September 25, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from R-8 to RG-0 that property located at 882 - 884 South Governors Avenue, owned by Doris H. Kohn.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 14, 1978
REZONING REQUEST - NEW BURTON ROAD - MABEL S. GRIFFITH & EUGENE & MARLENE AUEN
A request was received to rezone property located on New Burton Road, owned by Mabel S. Griffith and Eugene G. and Marlene G. Auen. The equitable owner is Delaware Brick Company, Inc. The purpose of the rezoning is to facilitate a brick supply yard. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. McDonough, seconded by Mr. Carey, Council unanimously 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 on New Burton Road are presently zoned for RG-1 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 September 25, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to C-3 that property located on New Burton Road, owned by Mabel S. Griffith and Eugene G. & Marlene G. Auen.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 14, 1978
REGISTRATION PURGE NOTIFICATION
The City Clerk requested that letter of notification to registered voters who will appear on the purge list be mailed by first class mail rather than certified mail. He stated that information received from certified mail did not warrant an expenditure of approximately $800 in comparison to a first class mailing at a total price of $85.00.
Mr. Bewick moved for the recommendation of the City Clerk, seconded by Mr. Witt and unanimously carried.
PARKS, PLAYGROUNDS AND TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on August 7, 1978 with Chairman Hardcastle presiding.
Volleyball Tournament - Silver Lake Recreation Area
Mr. Hardcastle reported that the Committee expressed approval of a volleyball tournament to be held in the Silver Lake recreation area as requested by Mr. David H. Gardner. Tournament proceeds will be donated to the Muscular Dystrophy Organization of Delaware. The requested date for the event is September 2 and 3, 1978. In expressing approval, the Committee stipulated the necessity of a sanctioning letter from Muscular Dystrophy and that all aspects of the function be coordinated with the Recreation Director. Copies of the sanctioning letter will be forwarded to the Office of the City Manager and the Recreation Director.
Mr. Hardcastle stated that no final action will be taken on this matter until receipt of the aforementioned letter.
Delaware Valley Outboard Association - Outboard Race on Silver Lake
In considering a request from Mrs. Mary L. Daller of Claymont, Delaware to hold a stock outboard race on Silver Lake at a future date, the Committee requested that a member of the Delaware Valley Outboard Association be present at a future meeting to inform those present of the activities that would be involved and for discussions on any problems stemming from spectators and traffic.
Closing Silver Lake to Swimmers
Mr. Roe reported on the closing of the Silver Lake swimming area on July 17, 1978 due to excessive coliform and fecal coliform count. Tests were taken on various dates in the month of July and on August 8th the lake was tested in six different locations. These locations consisted of tests at the spillway, adjacent to the Silver Lake Cemetery, at the Blue Coat Inn and as far as the Delaware State College Bridge. Results of these tests indicate that the pollution is originating from upstream. He mentioned the possibility of pollution from the Delaware State College area, Carlyle Village, the rendering plant or chemical runoff from farmland due to recent excessive rainfall.
Commenting on the tests made by two separate organizations that produced no clues as to the origin of the pollution, it was Mr. Roe’s recommendation that the Environmental Protection Agency be contacted for the purpose of conducting a complete study of the lake and its contributaries. He added that EPA maintains equipment and personnel for such a study and are empowered with enforcement laws to prosecute any violators.
Mr. Bewick moved for Mr. Roe’s recommendation, seconded by Mr. Witt and unanimously carried.
Century Club - Benches - Mirror Pond Area
Mr. Woods informed the Committee that he was contacted by Mrs. Bertha Pusey of the Century Club who wishes to extend a donation of two park benches in the area of Mirror Pond. There will be no cost to the City. Mr. Woods submitted an estimate to the Century Club in the amount of $550 to cover the cost of the installation.
Mr. Hardcastle moved for approval of the Parks, Playgrounds and Trees Committee as submitted, seconded by Mr. Weyandt and unanimously carried.
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on August 7, 1978 with Chairman Hardcastle presiding.
School Crossing Guards
Mr. Hardcastle informed Council of a special Safety Advisory Committee meeting to be held on August 17, 1978 at 7:30 p.m. in the Council Caucus Room for the purpose of discussing school crossing guards for the coming school year. The Committee has invited the presence of the Superintendent of Schools, the School Board and Mr. Paskey, of the Kent County Levy Court, or his representative.
Parking Meters - Downtown Area
In discussing the removal of all parking meters in the downtown area, it was the feeling of the Committee that a special meeting to include all council members and officers of the parking authority should be formulated in order to receive a full report of the Parking Authority’s activities and present financial position.
The Committee recommended that the special meting be held before or after a regular Council Meeting.
Mr. Hardcastle moved to approve the recommendation of the Committee, seconded by Mr. Carey and unanimously carried.
Mr. Hardcastle stated that a date and time for the meeting would be formulated at the next Safety Advisory Committee meeting.
Mr. Hardcastle moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Weyandt and unanimously carried.
CORRESPONDENCE
Annexation Request - Eilleen W. Spence and Mr. & Mrs. William J. Burke
A letter was received from Mrs. Eilleen Spence and Mr. & Mrs. William H. Burke requesting annexation of their properties located on Route #88 and the Leipsic Road.
Mr. McDonough moved for referral of this matter to the Planning Commission and Utility Committee for recommendations, seconded by Mr. Weyandt and unanimously carried.
Interstate Highway System - C.W. Friesen, U.S. Department of Transportation
A letter was received from Mr. C.W. Friesen, Chief, Program Management Division of the U.S. Department of Transportation, thanking the City for requesting legislation for expanding the interstate system. Mr. Friesen stated that the system is limited by law to 42,500 miles and it is highly unlikely that sufficient mileage would become available to accommodate an addition in the magnitude in length necessary for the Dover area. He further stated that his organization could not endorse any effort to expand the present statutory limit for the interstate system mileage. It was the opinion of his department that increased emphasis and funding for the federal-aid primary, secondary, and urban systems, in lieu of the interstate system, would provide all states with additional federal assistance to alleviate many safety and traffic problems such as the one in the City of Dover.
In was the opinion of Council that no acknowledgment would be necessary due to the context of the correspondence.
Mr. Willis referred to an additional letter from Governor du Pont, thanking Council for their request that a meeting be formulated to discuss the interstate system. The planned meeting would include the congressional delegation, Mr. Brock Adams, members of City Council and representatives of the Delaware Department of Transportation.
Governor du Pont stated that Secretary George Jarvis would be out of town for the next two weeks and plans for setting up the meeting would be discussed upon his return.
Mr. Witt moved for acknowledgment of the letter, thanking Governor du Pont for his prompt reply. The motion was seconded by Mr. Carey and unanimously carried.
Wesley College - Request for Outdoor Coffeehouse and Circus
A letter was received from Ms. Mary Alice O’Donnell, Director of Student Activities at Wesley College, requesting permission to hold an outdoor coffeehouse in the amphitheatre area on September 8th from 6:00 to 10:00 p.m.
A second letter requested permission to hold a circus at the Wesley College athletic field on the corner of Queen and Clara Streets on September 30, 1978.
Ms. O’Donnell first spoke to her request to hold an outdoor coffeehouse which would involve a musical presentation by a folk signer.
Mr. Muir moved for approval of the outside coffeehouse, seconded by Mr. Carey and unanimously carried.
Ms. O’Donnell explained that September 30th is Wesley College Homecoming Day and that the circus would be held on College property, therefore, any cleanup would be the responsibility of the College.
Mr. Witt stated that he did not feel that the circus should be held in a residential area nor did he feel that the size of the lot would accommodate such a function.
Mr. Witt moved for denial of the request. The motion failed for lack of a second.
Chief Spence stated that the proposed location of the circus was not adequate and expressed his concern to the traffic and the inconvenience for adjacent property owners and persons attending the function.
Mr. McDonough agreed with the concept of such a function and moved for approval of Ms. O’Donnell’s request, seconded by Mr. Muir.
It was suggested that the Army Reserve Center and Mr. Lou Edgell be contacted for the possibility of additional parking spaces.
Mr. Roe expressed deep concern with the lack of bathroom facilities, proper facilities for the animals such as water for the elephants and added tat the tent size would require uniform firemen as fire guards. The area is zoned residential and approval of the event at this location would set a precedent for requests from other organizations.
Mr. Witt violently opposed the circus at the proposed location and moved to table the motion of approval. The motion was seconded by Mr. Carey and by a roll call vote of four (4) no, three (3) yes (Mr. Carey, Mr. Witt and Mr. Bewick) one (1) absent (Mr. Carson) the tabling motion failed.
Mr. McDonough expressed concern that the aforementioned staff comments on the circus were not made available to Council before the subject was open for discussion on the floor. He stated that such matters should be accompanied by staff comments in the future.
Mr. McDonough withdrew his motion for approval, as did Mr. Muir his second.
Mr. Weyandt moved that Ms. O’Donnell’s request for the circus be referred to Mr. Roe and members of staff for their comments and consideration at the next regular Council Meeting. The motion was seconded by Mr. Bewick and carried by a vote of six (6) yes, one (1) no (Mr. Witt) and one (1) absent (Mr. Carson).
Air Conditioning Noise - Mrs. Alfred Biggs and Mr. Phillip Baynard
Mr. McDonough referred to a copy of a letter furnished to Council members from Mrs. Alfred Biggs and Mr. Phillip Baynard complaining of air conditioning noise stemming from Schmittinger and Rodriguez and William Manter’s business establishments.
He moved to refer the subject matter of the letter to the Utility Committee, seconded by Mr. Weyandt and unanimously carried.
Discover Victorian Dover
Mr. Roe referred to a letter by Planning Commission Chairman, Mr. Julian Massey, to Mr. Lawrence Henry of the Division of Historical and Cultural Affairs. Mr. Massey related to a meeting of the State Review Board to consider placing the Victorian Dover Historic District in the National Register of Historic Places until Council has time to analyze the situation and receive a recommendation from the Planning Commission. The motion was seconded by Mr. Weyandt and carried by a unanimous vote, with Mr. Carson absent.
CHIEF BAKER - FILM PRESENTATION
Chief Baker, of the Robbins Hose Company, requested an opportunity to present a film presentation of the activities of the fire company during several major fires.
Mayor Legates stated that Chief Baker would be notified as to the date that the film cam be presented to Council.
Meeting Adjourned at 8:54 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of August 14, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
August 21, 1978
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