REGULAR MEETING
January 26, 1976
The Regular Meeting of Council was held on January 26, 1976, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, Harris and McDonough. Mr. Harris was absent.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the December 8, 1975 Council Meeting were referred back to the City Clerk to be rewritten excluding all personal opinions and quotes and to include only the official action of Council.
Reminded by Mr. McDonough that action on the minutes would set a precedent for submission of the future minutes, Council by a show of hand vote, accepted the minutes as submitted. Mr. Perman and Mr. McDonough voted no. The minutes bore the written approval of Vice-Mayor Legates.
MINUTES - JANUARY12, 1976 COUNCIL MEETING
The minutes of the Regular Council Meeting of January 12, 1976 were accepted as submitted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police Report for the Month of December was accepted.
Building Inspector & Fire Marshal’s Report for the Month of December was accepted.
City Planner’s Report for the Month of December was accepted.
City Alderman’s Report for the Month of December was accepted.
Cash Receipts, General Fund, for the Month of December was accepted.
Budget Report, General Fund, for the Month of November was accepted.
Cash Receipts, Electric Fund, for the Month of December was accepted.
Budget Report, Electric Revenue Fund, for the Month of November was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of December was accepted.
City Manager’s Report for the Month of December was accepted.
ELECTION RESULTS - 1976
The election officials certified to Council the following results of the Municipal Election held on January 19, 1976.
MACHINE VOTES ABSENTEE VOTES TOTAL
MAYOR
Charles A. Legates, Jr. 1,323 11 1,334
FIRST DISTRICT
Maurice E. Ballard 483 1 484
Robert D. Bewick 964 13 977
SECOND DISTRICT
Douglas Harris 1,222 9 1,231
THIRD DISTRICT
Bettie M. Fenimore 578 3 581
James P. Muir 911 13 924
FOURTH DISTRICT
James C. Hardcastle 1,206 9 1,215
TOTAL VOTES CAST 1,529 16 1,545
On motion by Mr. Perman, seconded by Mr. Cullen, Council accepted the results of the election.
CITY MANAGER’S REPORT
Mr. James stated that the increase in the heat rate for the Month of December at McKee Run reflects the necessity of maintenance and testing out Unit #3 and the operation of Units #1 and #2.
The Dover Park and Recreation Center was officially dedicated on December 13, 1975 at 1:00 P.M. with the Recreation Director’s office now being maintained at that site.
Mr. James reported that the total system electric load for the Month of December increased 14.7% over last year for the same period which is directly related to the requirements of PJM.
OIL REQUIREMENTS - MCKEE RUN
Mr. James contacted the Federal Administration before soliciting for prices from various oil suppliers for the requirements of McKee Run as directed by Council. He was informed by the administration that any solicitation for competitive prices would be in violation of the Federal Energy Act. The City Manager requested and received correspondence from that office which directs in the regulations that the base supplier (Texaco) cannot by changed unless permission is granted by F.E.O. or through a mutual agreement of the supplier and wholesale consumer. In addition, a contract with a new supplier would have to be renewed each month, running the risk of that supplier not being able to fill the need of the plant’s requirements.
It was moved by Mr. Muir, seconded by Mr. McDonough, that Council accept the report of the City Manager and remain with Texaco, the present supplier of fuel requirements for McKee Run Plant. The motion was carried.
ICE SKATING ON SILVER LAKE
The City Manager read a report, prepared by Parks Director, Don Knox, which included three alternates governing ice skating on Silver Lake. Included was a chart prepared by Arthur Leland, Recreation Consultant of Newport and Barrington, Rhode Island, giving safe ice conditions at certain temperatures and thicknesses.
On motion by Mr. McDonough, seconded by Mr. Muir, Council referred this matter to the Parks, Playgrounds and Trees Committee for further study and recommendation to Council.
Mr. Perman felt that a decision should be made by Council to assure the safety of ice skaters for the next two months. Council approved Mr. McDonough’s motion by a vote of six (6) yes, and one (1) no, Mr. Perman. Mr. Harris was absent.
COST OF ICE SKATING RINK
As directed by Council, Mr. James presented cost figures secured from Vincent Kling to construct a Municipal Ice Rink. The recommended size of the rink would be 200 feet by 85 feet and the cost to construct $6.00 to $10.00 per square foot on a sand bed ($170,000), $11.00 to $15.00 per square foot of floor space on a concrete slab ($225,000). The cost to build an enclosure of frame construction would be an additional $20 to $25 per square foot.
Mr. McDonough moved that this matter be referred to the Parks & Recreation Committee. The motion was seconded by Mr. Witt and carried.
HEUBNER FARM TWO YEAR LEASE
Council was informed by the City Manager that the present two year lease for City owned property known as the Huebner Farm expires February 1, 1976. The present lessee, Mr. Bergold, has a cover crop on the land and has the responsibility and expense of all upkeep.
Mr. James recommended that a new two year lease be signed with Mr. Bergold at a price of $35 per acre since other prospective lessees have not contacted his office.
Mr. Muir moved for the recommendation of the City Manager, seconded by Mr. McDonough.
Questioned by Mr. Perman concerning competitive bids, Mr. James stated that in past years if anyone did come forward to bid, they did not compete with Mr. Bergold’s bid, probably because he tills the adjoining farm.
Council, by a roll call vote of seven (7) yes, Mr. Harris absent, approved the lease as recommended by the City Manager.
OPEN HOUSE AND DEDICATION OF MCKEE RUN UNIT #3
Mr. James announced that the dedication of McKee Run Unit #3 would take place on February 7, 1976 at 1:00 P.M. with an open house from 1:00 P.M. to 4:00 P.M.
J.P. COURT #7 REPORT - MONTH OF DECEMBER
A check in the amount of $4,060.00 was received from J.P. Court #7 for the Month of December 1975. Deferred payments as of December 31st amounted to $37,432.08. On motion by Mr. Witt, seconded by Mr. Legates, Council accepted the report as presented.
REPORT - LEGISLATIVE AND FINANCE COMMITTEE
Fill Administrative Assistant Vacancy
The Committee considered a request by the City Manager to fill the now vacant position of Administrative Assistant due to the increasing work load of the City Manager’s office.
After considerable discussion, the Committee recommended that the City Manager be authorized to fill the position with a classification of G-21 and include the necessary funds in the fiscal 1976 budget.
Mr. Witt moved that the City Manager be authorized to fill the position of Administrative Assistant (G-21), seconded by Mr. Muir. By a roll call vote of seven (7) yes, Mr. Harris absent, Council approved the recommendation of the Committee.
Delaware Executive Transportation Company - Bus Stop
Mr. Robert A. Blakely of 13 Mikell Drive, Dover, Delaware, requested use of the parking lot adjacent to City Hall to pick up and drop off passengers. The bus service, known as Delaware Executive Transportation Company, will run on a regular schedule, departing Dover at 7:00 A.M. and returning at 6:00 P.M. Since this is a much needed service in Dover, the Committee recommends that Mr. Blakely’s request be granted.
Mr. Hardcastle moved, seconded by Mr. Muir, that the request be granted as recommended by the Committee. The motion was carried.
CAPITOL GREEN DAY CARE CENTER - TAX EXEMPT STATUS
In considering a request by the Capitol Green Day Care Center for tax exempt status, the Committee deferred action on the matter until a financial statement could be obtained to determine the question of profit or loss.
CLERICAL RECREATION ATTENDANT - POSITION APPROVAL
Since the Recreation Director has moved his office to the City of Dover Recreation Center and it becomes necessary to lock that facility when the Director is at other park locations, a request was submitted to hire a Clerical Attendant at a G-6 grade.
The establishment of this position would eliminate this practice and the Committee recommends approval of this position.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council, by a roll call vote of seven (7) yes, Mr. Harris absent, approved the establishment of a Clerical Recreation Attendant at a G-6 grade.
On motion by Mr. Cullen, seconded by Mr. Witt, Council approved the report of the Legislative and Finance Committee as submitted.
REZONING REQUEST - SOUTH LITTLE CREEK ROAD & FOX ROAD - RICHARD G. FORAKER, JR.
A request was received to rezone land on the South Little Creek Road and Fox Road (1276 S. Little Creek Road) owned by Richard G. Foraker, Jr. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
On motion by Mr. Legates, seconded by Mr. Witt, Council adopted the following resolution and referred the rezoning request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TOT HE 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 1276 South Little Creek Road is 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 February 23, 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 1276 South Little Creek Road, owned by Richard G. Foraker, Jr.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 26, 1976
HEART FUND - RADIOTHON
A letter from Herbert H. Konowitz, President of the Kent County Heat Association, informed Council that a fund raising Radiothon, which is held annually be WKEN, will take place from 12:00 noon February 21st until 12:00 noon on February 22nd at the Hub Restaurant. He urged the City Council to participate as a group or as individuals.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter.
MODERN MATURITY CENTER - $60,000 REQUEST
In a letter to Mayor Carroll, Mr. Robert Bonniwell, Executive Director of the Modern Maturity Center, informed Council that the Board of Directors has voted to purchase the First Pentecostal Church at 18 Greenhill Avenue for $75,000. Application for funds to construct an addition has been submitted to the Kent County Levy Court. Mr. Bonniwell requested that Council contribute a previous request of $60,000 toward the purchase price over a five or ten year period.
Mr. Witt moved that Council acknowledge receipt of the letter and refer this matter to the Legislative and Finance Committee.
Mr. Roe stated that a Condition Use public hearing will be held on February 16, 1976. Sale of the property will be based on the outcome of the public hearing.
Mr. Witt’s motion was carried.
DESIGNATION - COUNCILMAN CHARLES A. LEGATES, JR.
Councilman Charles A. Legates, Jr., in a letter to Mayor and Council, requested that his resignation be accepted effective February 9, 1976 which will create a vacancy in the Second District. Mr. Legates asked that the mechanics of a special election be established as soon as possible.
Serving since 1969, Councilman Legates extended personal thanks to Mayor Carroll and brother Councilmen for their help and guidance in the past years. A special expression of appreciation was extended to the City staff for their past assistance.
Mr. Witt moved that the resignation be accepted, seconded by Mr. Muir. By a roll call vote of seven (7) yes, Mr. Harris absent, Council formally accepted the resignation of Councilman Legates.
Mr. Witt moved that the matter of the mechanics of a special election to fill the Council seat vacated by Mr. Legates be referred to the Committee of Committees to report back at the February 9th Council Meeting. The motion was seconded by Mr. Muir and carried.
Mayor Carroll suggested that the various Chairmen of the standing Committees invite Council members to be present at this meeting.
MAJOR DIETRICK - SALVATION ARMY OUTDOOR SERVICES
Major Dietrick of the Salvation Army was present to address Council concerning a previous request denied by Council to hold outdoor services in residential areas.
Major Dietrick stated that part of the program of the Salvation Army, active since 1890 in the United States, is to hold outdoor services. The reason for requesting approval to hold outdoor services was the desire to have Council informed of his organization’s activities in this area. He was much dismayed when Council denied his local representative’s request, which as stated by Major Dietrick is in violation of the Constitutional Knights covered in the first and fourteenth amendment and also backed by a Supreme Court ruling as well as the United States Congress. Regardless of the above, Major Dietrick emphasized that his organization is not desirous of an open confrontation with Council.
Mr. McDonough moved that this matter be referred to the City Solicitor for his report to Council. The motion was seconded by Mr. Hardcastle and carried.
CITY STAFF ATTENDANCE OF COUNCIL MEETINGS
Mr. McDonough stated that various Councilmen had discussed the necessity of having staff members attend Council meetings, unless requested by the City Manager and asked Mr. James for his opinion on the matter.
Mr. James agreed that it was not necessary, but asked for formal action by Council since prior Council action directed that staff members would be present at meetings.
Mr. Witt moved that the City Manager and Council appointees be authorized to determine when it is necessary to require anyone of their staff to be present at a Council meeting. The motion was seconded by Mr. Hardcastle and Council, by a roll call vote of seven (7) yes, 1 absent, Mr. Harris, carried the motion.
Meeting adjourned at 8:46 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their regular meeting of January 26, 1976, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
January 30, 1976
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