REGULAR MEETING
November 24, 1975
The Regular Meeting of Council was held on November 24, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, Harris and McDonough.
The invocation was given by the Reverend J. H. Williams.
MINUTES
Mr. Perman pointed out an error int eh fuel adjustment clause as stated int eh minutes of November 10, 1975 and adopted as an amendment to the ordinance for the City of Dover electric system.
Mr. Perman moved that the ordinance as adopted be corrected to read “the energy charges included in the applicable rate will be increased or decreased sixty three thousandths of a mill (.0063) per kilowatt-hour.
The motion was seconded by Mr. McDonough. Council by unanimous roll call vote, approved the correction to the amendment of the ordinance.
On motion by Mr. Legates, seconded by Mr. Hardcastle, Council accepted the minutes of the November 10, 1975 Council Meeting as corrected.
REPORTS
Chief of Police Report for the Month of October was accepted
Mr. McDonough asked if the statistics in the Police Report were prepared for any other agency and if any time or cost could be realized if the report was condensed to a one page format.
Chief Spence replied that the statistics from the report are utilized by the State and is compiled each month which expedites the formulation of the Annual Report. Time in typing the report for Council would be the only thing saved.
Building Inspector & Fire Marshal’s Report for the Month of October was accepted.
City Planner’s Report for the Month of October was accepted.
City Alderman’s Report for the Month of October was accepted.
Cash Receipts, General Fund, for the Month of October was accepted.
Mr. McDonough when the final audit report for the last fiscal year would be available.
Mr. James stated that several inquiries had been made by Mr. Karia but the report had not been received to date.
Mr. Perman questioned the expenditures from the budget in relation to Mayor and Council which represents 74%.
Mr. James replied that this represents dues to the National League of Cities and the League of Local Governments and includes expenses for those attending the convention of the League of Cities in Miami. Other expenditures in the Parks and Recreation Department and the Buildings and Grounds represented furnishings and supplies for the new park building and one time expenditures which will average out at the end of the year relative to the amounts allocated in those line items.
Cash Receipts, Electric Fund, for the Month of October was accepted.
Budget Report, Electric Revenue Fund, for the Month of September was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of October was accepted.
City Manager’s Report
Mr. James reported a 100% curtailment on the use of gas at McKee Run beginning the month of November. Notice has been served that the cost of gas will increase fifteen cents (.15) per MCF which will either equal or slightly exceed the cost per million BTU in comparison to oil.
Under questioning by Mr. Perman, Mr. James stated that the gas recirculation fan on Unit #3 has been shipped to the factory for extensive repairs.
The outage of October 21, due to a high furnace pressure trip, is one of many adjustments that will occur on the new unit at certain load levels.
Work on the sound level of the force draft fan is continuing but it appears that it cannot be reduced to comply with the City ordinance which specifies 65 decibels, Mr. James stated that this ordinance may have to be changed to comply with the State and Environmental Protection Agency which specifies 85 decibels as most machinery of this nature cannot meet that specification.
The problem of withdrawing water at the Horsepond Well Site has been resolved with the State.
On motion by Mr. Witt, seconded by Mr. Muir, Council accepted the City Manager’s report as submitted.
Dedication - Parks & Recreation Building
Mr. James announced that the dedication of the Parks and Recreation Building will take place on December 13, 1975 at 1:00 P.M. Mayor Carroll urged everyone to attend.
Request - National Foundation - March of Dimes
A letter from Mr. Harry A. Turner representing the above organization included a liability insurance certificate in the amount of 550 thousand dollars. The Walk-A-Thon will begin and end at the Armory where a rock band will entertain the participants. The event will be held November 30, 1975.
On motion by Mr. Witt, seconded by Mr. McDonough, Council granted approval of this event and acknowledged receipt of the letter.
Cover Parking Meters - Downtown Merchants
Pursuant to instructions from the November 10, 1975 Council Meeting, Mr. James reported that the Downtown Merchants wish to cover eighty-two (82) parking meters during the period of November 28th to December 24th. Member stores proposed to pay for sixty-eight (68) of these meters.
On motion by Mr. Hardcastle, seconded by Mr. Muir, Council granted the request and accepted the proposal.
Christmas Lights
Mr. James reported that the Christmas lights are being installed in the downtown area and will be lighted starting December 15 until 9:30 P.M. The Plaza Christmas tree will be lighted beginning on Thanksgiving Eve.
Mobile Home License Fee
The Staff Judge Advocate at the Dover Air Force Base has challenged the legality of the City to change a Mobile Home License Fee. Mr. James and the City Solicitor have informed the Staff Judge Advocate that this is an ordinance of the City and if the Air Force wished to appeal same it would have to be done through Council.
It is the opinion of the City Solicitor that the ordinance is valid and is not effected by the Soldiers and Sailors Relief Act.
Mr. Witt moved that the letter be acknowledged and that Council go on record as supporting the decision of the City Manager and the City Solicitor. The motion was seconded by Mr. Hardcastle and carried.
Franchise Contract - Delaware Teleservice - Public Hearing
A Public Hearing was duly advertised for this time and place for the purpose of adopting a contract with Delaware Teleservice. Mayor Carroll declared the hearing open and asked the City Manager to summarize the contents.
Mr. James explained that the Federal Government has formed certain guidelines for cable teleservice franchises. In lieu of this, the City of Dover has engaged the firm of Duncan, Brown, Palmer and Weinberg to study and rewrite the City’s contract with Delaware Teleservice using those guidelines. Mr. Lloyd Smith, Vice President of Delaware Teleservice and the City Manager have agreed that this is necessary in order to properly interpret the Federal regulations. The franchise as presented is a result of several meetings between the legal advisors of Delaware Teleservice and the City of Dover.
The major change in the contract is a flat three percent (3%) revenue to the City on gross revenues to Delaware Teleservice verses the Two Dollar ($2.00) per pole previously charged. In addition, the company will file a complaint report to the City and in turn the City is responsible to receive complaints from customers and transmit same to Delaware Teleservice.
The term of the contract as written is seven (7) years. Mr. James proceeded to brief Council on the basic contents of the contract.
Mayor Carroll declared the hearing closed. Mr. Muir moved that the contract be accepted as recommended by the Utility Committee. The motion was seconded by Mr. Witt.
Mr. Perman moved that Page 2, paragraph 2 under “Subscribers Rate Regulations” be amended to require a public hearing before any subscriber rate increase could be applied. The motion was seconded by Mr. Hardcastle. By a unanimous roll call vote, Council adopted the amendment.
Mr. Perman moved that an additional to the section of the contract covering consumers complaints include a service to receive complaints on a twenty-four (24) hour basis seven days a week. The motion was seconded by Mr. McDonough.
On a roll call vote of seven (7) yes, one (1) no, Mr. Witt, Council adopted the amendment as stated above.
On a unanimous roll call vote, Council approved the contract as amended.
J. P. Court #7 Report
City Clerk Willis advised Council that the correct figures were not available at this time and requested permission to submit the October J. P. Court #7 report at the next regular Council meeting. Mayor Carroll declared that the report would be submitted as requested.
Rules and Regulations - Parks and Recreation
Mr. James reported that the Rules and Regulations of the Parks and Recreation Department still require codification and requested that this item be deferred to enable the City Solicitor to accomplish same for presentation to Council.
On motion by Mr. Muir, seconded by Mr. Hardcastle, Council approved the request of the City Manager and deferred action until the next Council meeting.
Proposed Charter Changes
Mr. Legates, Chairman of the Charter Revision Committee, referred to the City Solicitor’s review and comments of the proposed Charter changes and Mayor Carroll’s written statements. Mr. Legates did not feel that he could act on any of the proposed changes until he studied these reports.
In light of the remarks by Chairman Legates, Mr. Hardcastle moved that action on the proposed Charter changes be deferred until after the first of the year. Mr. Muir seconded the motion.
Replying to Mr. Witt, the City Clerk stated that he would like to deliver the ballots to the printer for printing as soon as possible and it would be necessary that Council take action to have additional information printed on the ballot.
Mr. McDonough suggested reviewing some non-controversial sections of the proposed changes in the presence of the City Solicitor and select some of the proposals for inclusion on the ballot as a poll taking method of the feelings of the citizens.
Mr. Harris suggested that Council select the more controversial items of the proposed changes for inclusion on the ballot to obtain an expression of viewpoint from the citizens or as a recommendation of Council.
Mayor Carroll stated that a public hearing should be held to obtain the feelings of the citizens and that a poll could be taken in the same manner as the swimming pool and skating rink. In addition, some formal discussion should be submitted to the public so that they would be informed of the issues to be presented for a vote.
On a call for the vote to defer the proposed Charter changes until after January 1, 1976, Council voted to defer same, Mr. McDonough voting no.
Mr. McDonough moved that Council include on the January 1976 ballot three questions for the City of Dover voters.
1. Centralization of City Government?
2. Changing the Municipal Election date to the third Monday in May?
3. Voting by election districts rather than at large for members of Council?
The motion was seconded by Mr. Perman.
Mayor Carroll stated that it is unfair to have these questions put to a referendum vote without first giving the citizens an opportunity to discuss the issues.
Mr. McDonough stated that these items have been discussed for a year and publicized by the local news media.
Mayor Carroll’s contention was that they were not discussed by the public.
Mr. Perman related that a public vote on the issues would not be binding but for the purpose of public opinion.
Mr. Legates stressed his feelings that each item should be voted on separately to place each Councilman on record rather than voting on the issues in block form.
Mr. Hardcastle stated that he though the motion to place the proposed changes on the ballot was contrary to his motion, which passed, to defer any action until after the first of the year.
On a roll call vote of five (5) yes, three (3) no, Mr. Legates, Mr. Hardcastle, and Mr. Muir, the motion by Mr. McDonough to include the three proposed changes of the Charter on the 1976 ballot was declared carried.
Mr. Perman commented on the importance of the wording as the proposed changes would appear on the 1976 ballot.
Mayor Carroll agreed and suggested that the City Solicitor construct the wording of the proposed changes.
Mr. Legates moved that a public hearing be held on the January 12, 1976 Council Meeting to discuss the three items of proposed Charter changes that will appear on the ballot.
The motion was seconded by Mr. McDonough and carried.
ROBBINS HOSE ELECTION RESULTS
Pursuant to Article 2, Section 2-59 and 2-60, an election was held on November 17, 1975 for the purpose of electing the various Chiefs of the Robbins Hose Company for the year of 1976.
The following is the results of the election as submitted by the judges, Councilman McDonough, Councilman Witt and City Clerk Willis as presented by City Manager James.
Chief Kline G. Kemp, Jr. 25 Votes
Deputy Chief Edwin B. Baker, Jr. 27 Votes
First Ass’t Chief Charles H. Boyer 27 Votes
Second Ass’t Chief John L. LeCompte 27 Votes
Third Ass’t Chief Raymond L. Osika 2 Votes
William H. Rhodes 27 Votes
John Willson 3 Votes
One vote was declared invalid.
Total persons voting 33
ADDITIONAL REGISTRATION DATES
The City Clerk quoted the provisions of the Charter for extra registration days which stipulates that these dates must be advertised three (3) weeks prior to the date set by Council. Considering the annexation referendum set for December 13, 1975, the only Saturday dates available would be December 20th and 27th.
A general discussion on methods of encouraging citizens to vote followed with a motion by Mr. McDonough, seconded by Mr. Legates, that special registration days be held at the Blue Hen Mall, December 20, 1975 between the hours of 10:00 A.M. and 6:00 P.M. and in the City Hall Annex, December 27, 1975, between the hours of 10:00 A.M. and 5:00 P.M. Motion carried.
Mr. Perman moved that additional registration hours be held on December 17th and 18th at City Hall Annex between the hours of 5:00 and 8:00 P.M.
VOTER REGISTRATION PURGE
The City Clerk informed Council that a purge list was included in the Council packet for the first review at a Regular Council Meeting. The final list will be presented for final acceptance at the meeting of December 22, 1975. Certified letters have been mailed to persons whose name appears to be purged, except those who are deceased, and a record of all letters and return receipts is available in the office of the City Clerk.
ELECTRIC FUEL ADJUSTMENT CLAUSE - PROPOSED AMENDMENT
Mr. Perman introduced an amendment to the fuel adjustment clause that Council passed in the Meeting of November 10, 1975, that would retroactively give credit to the consumer for the reduce multiplier, for the months of September 1975 and October 1975.
Mr. James explained that the fuel clause is based on the two previous months experience, therefore consumers automatically receive credit for the decrease in cost involved to produce the electric. The fuel clause in November is based on fuel cost for the month of September and the new fuel clause formula passed by Council is based on that billing.
Mr. Perman withdrew his amendment.
BICENTENNIAL COMMITTEE - U.S. ARMED FORCES EXHIBIT
A letter from Mr. G. Daniel Blagg requested that the first three rows of parking spaces in the City parking lot be set aside for the U.S. Armed Forces Exhibit, Vans Project, on June 9 and 10, 1976.
Mr. Legates moved for approval of the request stipulating that the project be planned in conjunction with the City Manager, Fire Marshal and the Chief of Police. The motion was seconded by Mr. Witt and carried.
CAESAR RODNEY SCHOOL DISTRICT - RESOLUTION
A letter from F. Niel Postlehwait, Superintendent of the Caesar Rodney School, expressed the appreciation of the Board of Education for the efforts of City Council in securing lights for the Dover Air Force Base football field. A resolution to this effect was enclosed. On motion by Mr. Witt, seconded by Mr. Muir, Council acknowledged receipt of the resolution expressing their thanks to the Board of Education.
KENT COUNTY BICENTENNIAL COMMITTEE - EXEMPTION - PEDDLERS LICENSE
The Kent County Bicentennial Committee requested that Council exempt peddlers from a license fee during an old fashion County fair to be held October 2 and 3, 1976.
Mr. Roe stated that a license is the only control his office has relating to food handling and the various types of cooking equipment such as gas bottles etc. Mr. Roe added that no exception was made for the Bicentennial Kickoff Celebration.
Mr. Legates moved that the request be denied. The motion was seconded by Mr. McDonough and carried.
BICYCLE AND PEDESTRIAN PATHS - BETWEEN LOOCKERMAN AND COURT STREETS
A letter from Mr. Granville Shirley suggested that Council explore the possibility of installing bicycle paths and pedestrian walk ways between Loockerman Street and Court Street along the easterly edge of St. Jones Creek. A petition of concerned citizens was attached.
Mr. McDonough moved that the request be referred to the Safety Advisory Committee for their study and recommendation. The motion was seconded by Mr. Hardcastle.
Mr. Hardcastle addressed Council relating to the importance of this project due to the concerns of residents in the Eastover Hills area who observe school children using private property and roadways en route to and from school.
Mr. Roe stated that the Comprehensive Plan incorporates future bicycle paths which could be considered in a recommendation to Council.
Mr. Legates called for the question on the motion to refer the above to the Safety Advisory Committee and the motion was carried.
Mr. Perman moved that the Parks and Recreation Committee study the Comprehensive Plan relative to bicycle paths and adopt a plan showing the priorities of those paths to be constructed so that when the opportunity arises the City will have a plan implemented. The motion was seconded by Mr. Hardcastle and carried.
PARKING - FAMILY FUN KITS
Mr. Donald VanBilliard, owner of Family Fun Kits at 224 West Division Street, complained of a lack of parking spaces at his location due to violators of the two hour parking ordinance and proper enforcement by the Police Department.
Chief Spence stated that areas of this nature do create a parking problem due to the transition from residential to business and the two hour parking restriction is enforced by complaint rather than strict enforcement due to the manpower necessary. The department attaches priorities to the assignment of manpower and this typw of enforcement falls in a low priority category. The parking ordinances are enforced but not on a daily routine basis. Chief Spence said that he would investigate this particular problem.
On motion by Mr. Legates, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter.
STATEMENT ON ZIONISM
A statement on Zionism from the Delaware Association of Christians and Jews directed to Mayor Carroll was read to Council. The contents as stated “deplored the equation of Zionism and Racism that has been promulgated within the United Nations”.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council acknowledged receipt of the statement.
MODERN MATURITY CENTER - APPLICATION FOR COUNTY FUNDS
Mr. Robert A. Bonniwell, director of the Modern Maturity Center requested that the City make joint application with the County for Housing and Community Development funds or endorse the center’s application for a grant of 125 thousand dollars.
Citing his personal interest in the needs of the center, Mr. Harris suggested forming a Council Committee to work more closely with that organization to keep abreast of their problems.
Mr. Perman asked if the City had any plans that would warrant the City to apply for a grant that would qualify the Center or any other plans that the City might have.
Mr. James explained that the deadline for applications is December 12, 1975 in which time two public hearings must be held. He also stated that Council had voted not to apply for 1975 funds and cited numerous restrictions.
Mr. McDonough stated that through conversations with Mr. Bonniwell it was his feelings that if the County did apply for the requested funds, there would be no reason for the City to also make application.
Mr. Witt moved that the City endorse the Modern Maturity Center’s request through the County for 125 thousand dollars. The motion was seconded by Mr. Legates and carried.
Mr. McDonough suggested that Council consider selecting a person in the City employment to search out possible revenue sources from the various government agencies.
SALVATION ARMY - CHRISTMAS KETTLES
Major David H. Deitrick Dr., Regional Coordinator of The Salvation Army requested permission to utilize The Salvation Army’s Annual Christmas Kettles in the downtown area of Dover as well as shopping centers.
Chief Spence noted that his only reservations concerning the kettles is that long term solicitation had not been permitted in the past by any organization.
Mr. Witt moved that the request be referred to the Legislative and Finance Committee for their recommendation in setting a policy procedure for all organizations and report back to Council at the Regular Meeting of December 8, 1975. The motion was seconded by Mr. Hardcastle and carried.
ADOPTION OF ZONING REFERRAL ORDINANCE
On motion of Mr. Legates, seconded by Mr. Witt, Council by a roll call vote of seven (7) yes, Mr. Muir being absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That Sec. 33-1 of the Dover Municipal Code is hereby deleted and a new section is hereby added to read as follows:
Sec. 33-1. Adoption of Zoning Code by reference.
The Zoning Ordinance of the City, adopted by City Council on April 21, 1975, is hereby adopted by reference as a part of this City Code with the same force and effect as though it were set out in full herein. It is adopted by reference and a copy of the same is not attached or appended to the City Code and Appendix G which was the former Zoning Ordinance is hereby stricken from the Code. At least three copies of the Zoning Ordinance are on file and open to public inspection in the Office of the City Clerk.
ADOPTED NOVEMBER 24, 1975
HEARINGS SET - DANGEROUS BUILDINGS
Mr. Roe requested that hearings be set for the dangerous building ordinance for owners who have not complied with his written notice by certified mail.
Case #1 Bernard Paskins 206 - 208 Water Street
Case #3 National Enterprises, Inc. 447 Pear Street
Case #4 Esteban Gonzalez Jr. & 102 S. Kirkwood Street
Melvin Colbert
Case #5 Joeanne Ridgell 25 S. Kirkwood Street
Case #9 Rachel White 212 Water Street
On motion by Mr. Hardcastle, seconded by Mr. Witt, Council set a public hearing on each of the above cases on December 8, 1975 at 8:00 P.M. in the Council Chambers of City Hall.
LUNA MISHOE - REZONING REQUEST OF 1974 ON COLLEGE SETTLEMENT DEVELOPMENT
Mr. Roe stated that a rezoning request had been submitted on July 8, 1974, by Dr. Luna Mishoe to rezone land in College Settlement Development on Jason Street and Grove Street. It was recommended at that time to defer action until the Comprehensive Plan was complete. Dr. Mishoe wished to now proceed with the rezoning request and Mr. Roe suggested that this be referred to the Planning Commission and a hearing be set for January 12, 1976.
On motion by Mr. Witt, seconded by Mr. Legates, Council approved the above.
MONUMENT - MR. HELMS
Mr. E. A. Helms has written a letter to Mr. G. Daniel Blagg concerning his request to move the monument presently at the Post Office to The Green. Copies of this letter will be forwarded to Mayor and Council.
Mr. Helms is expected to address Council in the near future. An opinion from the Friends of Old Dover and the Bicentennial Committee is expected in answer to Mr. Helms’ letter. Mr. McDonough suggested that Council initiate action of a report is not received from Mr. Blagg.
CANCELLATION OF DECEMBER 22, 1975 MEETING
Mr. Witt moved that the December 22, 1975 meeting of Council be cancelled due to the close proximity of the Christmas Holidays. The motion was seconded by Mr. Legates and carried.
MEETING ADJOURNED AT 11:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their regular meeting of November 24, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
December 1, 1975
db
The signature of Mayor Carroll J. Carroll on the preceding page is based on an exception stated in a letter to Council dated November 26, 1975, specifically outlining his disapproval of the section in the minutes placing three (3) proposed Charter changes on the 1976 ballot as shown by the following excerption of the November 24, 1975 Council Minutes. Mayor Carroll’s letter of disapproval is hereto attached.
EXCERPT
Mr. McDonough moved that Council include on the January 1976 ballot three questions for the City of Dover voters.
1. Centralization of City Government?
2. Changing the Municipal Election date to the third Monday in May?
3. Voting by election districts rather than at large for members of Council?
The motion was seconded by Mr. Perman.
Mayor Carroll stated that it is unfair to have these questions put to a referendum vote without first giving the citizens an opportunity to discuss the issues.
Mr. McDonough stated that these items have been discussed for a year and publicized by the local news media.
Mayor Carroll’s contention was that they were not discussed by the public.
Mr. Perman related that a public vote on the issues would not be binding but for the purpose of public opinion.
Mr. Legates stressed his feelings that each item should be voted on separately to place each Councilman on record rather than voting on the issues in block form.
Mr. Hardcastle stated that he thought the motion to place the proposed changes on the ballot was contrary to his motion, which passed, to defer any action until after the first of the year.
On a roll call vote of five (5) yes, three (3) no, Mr. Legates, Mr. Hardcastle, and Mr. Muir, the motion by Mr. McDonough to include the three proposed changes of the Charter on the 1976 ballot was declared carried.
Mr. Perman commented on the importance of the wording as the proposed changes would appear on the 1976 ballot.
Mayor Carroll agreed and suggested that the City Solicitor construct the wording of the proposed changes.
Mr. Legates moved that a public hearing be held on January 12, 1976 Council Meeting to discuss the three items of proposed Charter changes that will appear on the ballot.
The motion was seconded by Mr. McDonough and carried.
CRAWFORD J. CARROLL
MAYOR