REGULAR MEETING
August 25, 1975
The Regular Meeting of Council was held on August 25, 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, Council Chaplain.
MRS. LAURA D. BYRD RESOLUTION
On motion of Mr. McDonough, seconded by Mr. Harris, Council adopted the following resolution commending Mrs. Laura D. Byrd on her employment with the City of Dover. Mayor Carroll, on behalf of Council, expressed their regrets that Mrs. Byrd is leaving for Florida due to her husband’s employment.
WHEREAS, the Mayor and Council of the City of Dover have learned of the resignation of a City employee, Mrs. Laura D. Byrd, and
WHEREAS, Mrs. Byrd has served the City faithfully as an employee in the various positions which she has held, the most recent being Secretary in the Office of the City Clerk, and
WHEREAS, the Mayor and Council always regret the departure of a devoted employee such as Mrs. Byrd.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover regret the resignation of a loyal and devoted employee such as Laura D. Byrd and wish to express their appreciation for the service which she has rendered to the citizens of the City of Dover during her tenure of employment.
2. That the Mayor and Council of the City of Dover wish Mrs. Laura D. Byrd and her family the best of luck in their new location in Florida.
ADOPTED AUGUST 25, 1975
MINUTES
Mr. Muir expressed his opposition to the payment of the bill from Middle West Service Co. for consultation with Mr. Perman. Mayor Carroll expressed his position for not vetoing the action that was taken on the payment of the bill. The fact that Councilman Perman incurred the bill that it was improper for him to second the motion for the payment of the bill and to vote in favor of payment. This is in violation of the provisions of the Charter relating to conflict of interest. After further discussion the minutes of the Regular Council Meeting of August 11, 1975, were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police Report for the month of July was accepted.
Building Inspector and Fire Marshal’s Report for the month of July was accepted.
Acting City Planner’s Report for the month of July was accepted.
City Alderman’s Report for the month of July was accepted with fines remitted in the amount of $521.00.
Cash Receipts, General Fund, for the month of July was accepted.
Budget Report, General Fund, for the month of June was accepted.
Cash Receipts, Electric Fund, for the month of July was accepted.
Budget Report, Electric Revenue Fund, for the month of June was accepted.
Cash Receipts, Electric Improvement Fund, for the month of July was accepted.
City Manager’s Report for the month of July was accepted.
BUDGET PROJECTION COMMENTS
Mr. Perman, on behalf of Council, commended Mr. James on his projection of the 1974-75 fiscal year budget which was within .26% accuracy.
DRAINAGE DITCH - WALKER ROAD
Mr. James commented on the drainage ditch problem in the Walker Road, Dover High School area and stated that in lieu of an easement from the Richardson property owners it has been agreed to deed over to the City of Dover a strip of land, approximately 85' wide, from the Capitol School District property to Silver Lake. Dr. Powell, Capitol School District, has assured Mr. James that once the deed is actually awarded to the City of Dover that the State of Delaware will convey a deed for the small portion of the property of the school grounds to the City of Dover so that the drainage ditch can be accomplished and the problem of drainage absolved.
RAILROAD CROSSINGS
Mr. Hardcastle commented on the improvements being made to the railroad crossings at the Forrest and Division Street crossings. He questioned if a schedule has been received for future improvements to the other crossings within the City of Dover and Mr. James assured him that according to correspondence received that all crossings within the City will be corrected.
AMBULANCE SERVICE - ACCOUNTS RECEIVABLE
Mr. Witt questioned how the accounts receivable for ambulance service was being done and Mr. James answered that certified letters has been sent out to all accounts and hopefully results will b rewarding.
J. P. COURT #7 REPORT - JULY 1975
The monthly report of the J. P. Court #7 for July 1975 was presented to Council along with a check in the amount of $5,085.30. Deferred payments due to the City of Dover as of July 31, 1975, are $34,272.74. On motion of Mr. Witt, seconded by Mr. Hardcastle, Council accepted the report as submitted.
MOCKINGBIRD AVENUE - PUBLIC HEARING
A public hearing was duly advertised for this time and place to consider the adoption of an ordinance restricting parking only to the south side of Mimosa Avenue and Mockingbird Avenue and to limit parking only on the south side and east side of Alder Road. Mayor Carroll declared the hearing open. Mr. James A. Kime of Mockingbird Avenue addressed Council giving his reasons for support of the proposed ordinance. Mr. Larry Layton of 410 Alder Road presented a petition of opposition and addressed Council specifying his reasons. Mrs. June Yannacci of 314 Mockingbird Avenue addressed Council from a mother’s point of view as opposing the ordinance. Mr. James Keener of Alder Road, citing a past experience as a reference, opposed the ordinance. No one else was present to speak for or against the ordinance. A letter of correspondence from Mr. Peter F. Bogetti was read into the record as being opposed to the ordinance. Mayor Carroll declared the hearing closed. On motion of Mr. Witt, seconded by Mr. Perman, Council by a unanimous roll call vote denied the proposed ordinance to restrict parking on the above mentioned streets.
ON STREET PARKING OF TRAILERS, CAMPERS, BOATS, ETC.
Mr. Witt stated that he had obtained several complaints about on street parking of campers boats, trailers, etc. and questioned if we had an ordinance in which such parking was prohibited. Captain Donovan stated that there was not any enforceable ordinance within out code that prohibited such parking on the streets. Our ordinance prohibits and restricts parking and storage on private property. Mr. Cullen verified this statement and it was directed that this problem be referred to the Building Inspector and Chief of Police for a solution to be presented to Council at a later date.
PUBLIC HEARING ON DOVER PARK AND RECREATION CENTER
A public hearing was duly advertised for this time and place to consider the adoption of an ordinance concerning the Dover Park and Recreation Center. Mayor Carroll declared the hearing open. No one was present to speak for or against the ordinance and no correspondence was received. Mayor Carroll declared the hearing closed. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the speed limit for all vehicles in the City of Dover Parks and Recreation Center on streets shown on a map attached hereto shall be 15 miles per hour.
2. That pedestrian traffic control signs shall be erected and enforced on streets in the City of Dover Parks and Recreation Center as designated on the map attached hereto.
3. That the pedestrian control regulation and speed limit enacted in this ordinance shall be enforced upon the erection of appropriate signs in the City of Dover Parks and Recreation Center.
ADOPTED AUGUST 25, 1975
BICENTENNIAL COMMITTEE REPORT BY MR. G. DANIEL BLAGG
Mr. G. Daniel Blagg, Chairman of the Dover Bicentennial Committee, addressed Council with an up-to-date report on the projects, accomplishments and future plans for this organization. He remarked on the question of matching funds from federal and state agencies and assured Council that a detailed report would be forthcoming. It was a suggestion of Mr. Witt’s that along with the copies of the monthly financial report that Mr. Blagg also include copies of the minutes of the committee’s meetings. Mr. Blagg responded that instead of the minutes being forwarded an informal monthly newsletter would be issued.
DOVER LIBRARY LEASE AGREEMENT
At the Council Meeting of July 28, 1975, it was the decision of Council to assume the bonded indebtedness and the deed to the lands and property of the Dover Public Library. Mr. James explained that such an action would require a referendum according to the way our City Charter is spelled out. He presented to Council a copy of a lease agreement with the Dover Capitol School District which would in all essence pay the total bonded indebtedness of the permission for the Mayor to sign this lease would avoid the necessity for such a referendum. On motion of Mr. Witt, seconded by Mr. Muir, Council by unanimous roll call vote granted permission for the lease with the Dover Capitol School District to be signed and executed. On motion of Mr. Muir, seconded by Mr. Witt, Council by unanimous roll call vote rescinded its previous action taken on July 28, 1975 concerning the assumption of the bonded indebtedness of the Dover Public Library.
RESOLUTION FOR BANK ACCOUNT FOR DOVER PUBLIC LIBRARY
Mr. James explained to Council that it was necessary for Council to adopt a resolution giving him the authority to establish a bank account for the sole use of the funds received for the cost and maintenance of the Dover Public Library. On motion of Mr. Legates, seconded by Mr. Perman, Council by unanimous roll call vote adopted the following resolution.
WHEREAS, the City of Dover, Delaware will be assuming the operation and control of the Dover Public Library, and
WHEREAS, certain funds from the taxpayers of the City of Dover will be collected by the City of Dover for the maintenance and operation of the Dover Public Library, and
WHEREAS, it becomes necessary that a separate bank account is necessary to exercise control over these funds as prescribed by the laws of the State of Delaware.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The City Manager of the City of Dover is authorized and hereby directed to open a bank account in the name of the City of Dover Library at a bank situated within the City of Dover.
2. All funds collected for the operation and maintenance of the said Dover Public Library shall be deposited in this account.
3. Withdrawals from this account shall be made in accordance with the provisions spelled out in the Charter of the City of Dover, Delaware.
ADOPTED AUGUST 25, 1975
USAGE OF LIBRARY - OUT-OF-CITY-LIMITS RESIDENTS
A question was raised by Mr. McDonough concerning the usage of the Dover Library by residents outside the City limits of Dover. Mr. Legates stated that this question and several others were going to be discussed in a meeting between the Legislative and Finance Committee and the Library Commission and hopefully solutions would be obtained.
ACTUAL USE REPORT
Mr. James remarked on the Actual Use Report given to each of the members of Council which denoted the funds used or obligated during the year from July 1, 1974 thru June 30, 1975. This report will be published in the Delaware State News on August 26, 1975 as required by law.
REQUEST OF U.S. MARSHAL TO ERECT RADIO ANTENNA
Mr. James remarked on a request that he has received from the U.S. Marshal’s Office to erect a radio antenna on the top of the McKee Run Power Plant tower. This request is to help in transferring radio messages to lower state agencies of the U.S. Marshal’s office. Mr. James stated that he has no objections to this erection of another antenna since several are already there. This new antenna will in no way interfere with any of the City’s radio transmissions or any of the surrounding residential area’s radio and television reception. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council granted Mr. James the authority to allow the U.S. Marshal’s Office to erect a radio antenna on the McKee Power Plant tower.
ENVIRONMENTAL PROTECTION AGENCY
Mr. James addressed Council stating the City has been advised that the only step remaining for EPA funding is that Council approve such a program by adopting the two resolutions required by this organization. On motion of Mr. Legates, seconded by Mr. Witt, Council by a unanimous roll call vote authorized the City Manager, Mr. James, to sign the resolution for the Phase I Infiltration/Inflow Analysis.
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR A FEDERAL GRANT AND DESIGNATING THE OFFICIAL REPRESENTATIVE OF THE CITY OF DOVER.
WHEREAS, a Phase I Infiltration/Inflow Analysis was completed in accordance with the request of the City’s Utility Committee and within the “Guidelines for Control of Infiltration/Inflow in Sewer Systems” prepared by the Environmental Protection Agency; and
WHEREAS, an additional and more detailed investigation is warranted; and
WHEREAS, the City of Dover (hereinafter referred to as the “City”), after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the initiation of a certain study, generally described as a Sewer Evaluation Survey (hereinafter referred to as the “Project”), is in the public interest and to that end it is necessary that action preliminary to the initiation of said Project be taken immediately; and
WHEREAS, the City, in accordance with its Charter, which was created by Act of Assembly of the State of Delaware in 1929, has the legal authority to acquire, plan, finance, and operate said Project; and
WHEREAS, Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. 1251 et seq.) authorizes the award of grants to aid in financing the cost of necessary sewage facilities; and
WHEREAS, the City has duly considered said Law and deems it to be in the public interest to file an application under said Law and to authorize other action in connection therewith:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, CITY OF DOVER:
That an application, including all understandings and assurances contained herein be filed with the Environmental Protection Agency (hereinafter referred to as the “Agency”) for a Federal Grant to aid in financing the cost of said Project;
That William T. James, City Manager, is authorized to act in connection with the application and to execute, acknowledge, and deliver any documents and such additional information as may be required;
That if a Federal Grant is awarded, the City has sufficient funds available to meet the non-Federal phase of the cost of said Project;
That the Agency will have access to and the right to examine all records, books, papers, or documents related to the Grant;
That work on the Project will be commenced within a reasonable time after notification from the Agency that funds have been approved and that the Project will be carried out to completion with reasonable diligence.
ADOPTED AUGUST 25, 1975
On motion of Mr. Legates, seconded by Mr. Cullen, Council by unanimous roll call vote authorized the City Manager, Mr. James, to sign the resolution for the Collection System Improvements.
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR A FEDERAL GRANT AND DESIGNATING THE OFFICIAL REPRESENTATIVE OF THE CITY OF DOVER.
WHEREAS, a Comprehensive Sewer Planning Study was prepared by Betz Environmental Engineers, Inc. and presented to the City Council, City of Dover, in July 1975; and
WHEREAS, that report determined that certain modifications and/or additions to the City’s Sanitary Sewer System would be required to provide adequate capacity for both present and future wastewater flows from within the ultimate service area of the System; and
WHEREAS, the City of Dover (Hereinafter referred to as the “City”), after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the initiation of certain construction, generally described as Collection System Improvements (hereinafter referred to as the “Project”), is in the public interest and to that end it is necessary that action preliminary to the initiation of said Project be taken immediately; and
WHEREAS, the City, in accordance with its Charter, which was created by an Act of the General Assembly of the State of Delaware in 1929, has the legal authority to acquire, plan, finance, and operate said Project; and
WHEREAS, Title II of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. 1251 et seq.) authorizes the award of grants to aid in financing the cost of necessary sewage facilities; and
WHEREAS, the City has duly considered said Law and deems it to be in the public interest to file an application under said law and to authorize other action in connection therewith:
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL, CITY OF DOVER:
THAT an application, including all understandings and assurances contained therein be filed with the Environmental Protection Agency (hereinafter referred to as the “Agency”) for a federal grant to aid in financing the cost of said Project;
THAT William T. James, City Manager, is hereby designated as the Authorized Representative of the City and is authorized to file and sign the application with the Agency;
THAT William T. James, City Manager, is hereby authorized to act in connection with the application and to execute, acknowledge, and deliver any documents and such additional information as may be required;
THAT, if a Federal grant is awarded, the City has sufficient funds available to meet the non-federal phase of the cost of said Project;
THAT the Agency will have access to and the right to examine all records, books, papers, or documents related to the grant;
THAT work on the Project will be commenced within a reasonable time after notification from the Agency that funds have been approved and that the Project will be carried out to completion with reasonable diligence.
ADOPTED AUGUST 25, 1975
WHITEOAK TAX DITCH EXTENSION
Mr. James, City Manager, requested permission from Council to now be authorized to complete the Whiteoak Tax Ditch in a northerly direction towards Persimmon Tree Lane. Authorization to construct the existing portion of this tax ditch had been previously granted with the City paying 25% and the combined federal and county funding paying the remaining 75%. Under this agreement, this new portion will be financed 50% by the City and 50% by the federal funds with the City paying the total price of piping - $5,162.00. On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council authorized the City Manager to complete the tax ditch to Persimmon Tree Lane under the agreement that the city pay the total price of piping - $5,162.00 and 50% of the total cost of $12,526.80 with the remaining 50% being funded by the federal funds.
MODERN MATURITY CENTER
Mr. James read a letter from Mr. Rodriguez, City Solicitor, which gave his opinion concerning the request from the Dover Modern Maturity Center to store, maintain and buy gas from the Dover City Warehouse. It is his opinion that such approval would set a precedent and might also lead to legal ramifications in the future, (possibly due to maintenance work). On motion of Mr. Legates, seconded by Mr. Muir, Council on the basis of Mr. Rodriguez’ legal opinion denied the request of the Dover Modern Maturity Center.
STREET LIGHTS
Several complaints have been received by the City Manager’s Office concerning the lack of lighting on US 13 and in the Downtown area. The decrease of lighting was due to the energy crisis when it was decided to decrease the number of street lights being lit in order to conserve energy. A report from the Dover Police Department shows that there has been an increase of crime in these areas. Mr. Legates stated that he gave a tape recording to the Police Department which denoted several calls in this dimly lit area that required back up for officers investigating the complaints. On motion of Mr. Muir, seconded by Mr. Hardcastle, Council granted permission to the City Manager to turn the lighting back on at his discretion after notifying the Governor of his intent. (Lighting on US 13 to be every other light and possibly all the lights on the Loockerman Street area.)
RICHARDSON PROPERTY DITCH DEED
Mr. Powell, Capitol School District, addressed Council concerning the urgency of their approval of the deed to the Richardson property in order for funding to be obtained from the State. Dr. Powell as been assured by the Governor that once the City obtains the easements and/or deed to the property that the funding will be immediately available. After further discussion it was the motion of Mr. Perman, seconded by Mr. Hardcastle, that the City Manager be authorized to accept the deed to the Richardson property and the Capitol School District with the approval of the City Solicitor. Council by a unanimous roll call vote accepted this motion.
NEW WATER AND SEWER RATES
A public hearing was duly advertised for this time and place to consider the proposed new water and sewer rates. Mayor Carroll declared the hearing open and turned the floor over to Mr. Harris for a brief analysis of the new rates. Mr. Harris explained the reason for the increase was to insure that the utilities used would pay for their selves and would not mean any profit to the City of Dover. Dr. Powell addressed Council stating that he approved the new rate structure from his own personal advantage as a home owner but that it would create a hardship on the budget of the Capitol School District. Mr. Stewart Outten stated that he understood the reason for the increase but that in his business of being a cleaning establishment, he opposed the increase. There being no correspondence received and no one else to speak for or against the rate structure, Mayor Carroll declared the hearing closed. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council approved the water and sewer rate increase and that the rates be effective as of September 1, 1975 by a roll call vote of seven (7) yes and one (1) abstaining, Mr. Perman. The new rate structure being as follows:
CITY RESIDENTIAL
Water @ $.32 per 1,000 gallons No minimum
Sewer @ $.66 per 1,000 gallons No minimum
INDUSTRIAL
Water @ $.32 per 1,000 gallons No minimum
Sewer @ $.66 per 1,000 gallons No minimum
NON-RESIDENTIAL
Water @ $.48 per 1,000 gallons No minimum
Sewer @ $.99 per 1,000 gallons No minimum
Industrial users subject to the following rate formula where the strength of their waste exceeds normal:
F = .71 + .12 (BOD/300) = .17 (SS/350)
All users subject to a treatment adjustment charge based on actual cost to Kent County for conveyance and treatment using $.34 per 1,000 gallons as a base.
ADOPTED AUGUST 25, 1975
McDONALDS - EXCESSIVE NOISE
A letter was received from eight (8) residents of Evergreen Drive protesting the excessive noise and commotion at the McDonald’s establishment. On motion of Mr. Legates, seconded by Mr. Witt, Council acknowledged receipt of the letter and referred the complaint to Captain Donovan to be handled by the Dover Police Department.
SCHOOLVIEW GRASS PROBLEM
Mr. Perman questioned how the grass situation was progressing in the Schoolview area. Mr. James stated that he had been assured by the Department of Inspections that pellets were being distributed over the property which would kill the grass and weeds in the offending area.
MUNICIPAL SWIMMING POOL AND ICE RING
Mr. Perman made a motion, seconded by Mr. McDonough, that the Parks, Playgrounds and Trees Committee undertake a feasibility study to determine the cost of constructing a municipal swimming pool and ice ring within the City of Dover. The motion was carried.
ALL AMERICAN CITY APPLICATION
On motion of Mr. Witt, seconded by Mr. Cullen, Council granted permission for the Dover Chamber of Commerce to file application entering the City of Dover as an applicant for the All American City Award.
COUNCIL ADJOURNED AT 10:42 P.M.
LAURA D. BYRD
ACTING SECRETARY
CITY CLERK/TREASURER’S OFFICE
All orders, ordinances and resolutions adopted by City Council in the meeting of August 25, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
28 August 1975
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