REGULAR MEETING
May 26, 1975
The Regular Meeting of City Council was held on May 26, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt and McDonough. Mr. Harris was absent.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the regular Council Meeting of May 12, 1975 were accepted and bore the written approval of Mayor Carroll.
AWARD OF MERIT - FRIENDS OF OLD DOVER
Mr. G. Daniel Blagg, representing the Friends of Old Dover, presented to Mayor and Council an Award of Merit certificate in recognition of the new City Hall which incorporates in its interior decor, many of the doors, trim and moldings from the old City Hall as well as conforming with adjacent colonial architecture. The award was presented for the preservation of the City of Dover’s colonial heritage.
REPORTS
Chief of Police Report for the month of April was accepted.
Building Inspector and Fire Marshal Report for the month of April was accepted.
City Planner Report for the month of April was accepted.
City Alderman Report for the month of April was accepted.
Cash Receipts, General Fund, for the month of April was accepted.
Budget Report, General Fund, for the month of March was accepted.
Cash Receipts, Electric Fund, for the month of April was accepted.
Budget Report, Electric Revenue Fund, for the month of March was accepted.
Cash Receipts, Electric Improvement Fund, for the month of April was accepted.
City Manager’s Report for the month of April was accepted.
CITY MANAGER’S WRITTEN REPORT
Mr. James reported acid treatment of wells #8 and #9 in an attempt to increase capacity. Steam blowing on Unit #3 was completed on April 22 and the turbine is now in its testing stages. It now appears that Unit #3 will go into commercial operation on July 1 barring any unforeseen difficulties.
Mr. Cullen asked about the status of Unit #3 relating to load output. Mr. James stated that the first output of energy on Unit #3 took place on May 15 at 12:15 P.M. A load of 50 megawatts has been reached and will continue until 110 megawatts is obtained. This load will be maintained for a day or so. The unit will then be shut down and disassembled for inspection of al intricate parts by General Electric Company.
Mr. McDonough inquired about the opening date for the City of Dover Municipal Parks and Recreation Center. Mr. James informed Council that if the city can furnish the contractor a punch list by May 29th a completion date of June 1st is expected barring any specific problems. Council has authorized the use of the building by Mr. and Mrs. Scheible for a wedding reception on June 1. If the punch list cannot be completed be this date, the contractor will not allow the facility to be used. The Scheibles have been notified by phone of this possibility.
The Senior Surrey eligibility for persons age 62 or over will hopefully be in effect by July 1, 1975.
On motion of Mr. Witt, seconded by Mr. Cullen, Council accepted the City Manager’s Report as presented.
HEARING SET FOR ELECTRIC BUDGET
Mr. James reported that the Electric Budget has been approved by the consultants for the bond holders and recommended that June 9, 1975 at 8:00 P.M. be set for a public hearing.
On motion of Mr. Legates, seconded by Mr. Perman, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, approved the recommendation of the City Manager.
PJM POWER GRID AGREEMENT
The PJM Power Grid Agreement is now ready for submission to the Federal Power Commission. Mr. James asked Council for authorization to enable Mayor Carroll to sign this document so that it may be filed prior to June 1, 1975.
On motion of Mr. Legates, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes, and one (1) absent, Mr. Harris, approved authorization to sign the PJM Power Grid Agreement as recommended by the City Manager.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 21, 1975 specifically to discuss the matter of the City of Dover assuming legal takeover of the Dover Library. It was the Committee’s recommendation that the City assume this responsibility and the City Manager, City Solicitor and Mr. Jackson, attorney representing the Library Commission, meet as soon as possible to discuss the legal problems involved.
On motion of Mr. Hardcastle, seconded by Mr. Witt, Council approved the recommendation of the Legislative and Finance Committee.
On motion of Mr. Muir, seconded by Mr. Hardcastle, Council accepted the written report of the Legislative and Finance Committee as presented.
EXECUTIVE SESSION
At this point, Mr. James requested an executive session immediately following the regular meeting which was granted by Council.
PUBLIC HEARING - LUTHER T. WILLIAMS - ROAD #88 LEIPSIC ROAD
A public hearing was duly advertised for this time and place to rezone land located on the Dover Leipsic Road owned by Luther T. Williams. Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning. A letter from Samuel J. Paparone was read which voiced opposition to the rezoning stating that it would be detrimental to his adjacent land. The Planning Commission recommended denial of the request.
Mr. Roe, under questioning by Council, stated that the Planning Commission recommended denial on the basis of the land development plan which allows for medium density. The present auto repair shop is operating as a non-conforming use and if rezone could expand its facilities.
Mayor Carroll declared the hearing closed. On motion of Mr. Cullen, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes, and one (1) absent, Mr. Harris, denied the rezoning request.
PUBLIC HEARING - HELEN SANDERS - SOUTH LITTLE CREEK ROAD
A public hearing was duly advertised for this time and place to rezone land located on the South Little Creek Road owned by Helen Sanders. Mayor Carroll declared the hearing open.
Mr. Otis McDaniel was present to oppose the rezoning due to the past experience of maintenance on existing buildings.
Mr. Clifton Hufnal was present to express his opposition to the rezoning request.
Mr. Perman asked if there was other land zoned C-3 in the area. Mr. Roe answered affirmative and that low density had been encouraged in this area due to the noise pattern of Dover Air Force Base.
There was no correspondence and the Planning Commission recommended approval. Mayor Carroll declared the hearing closed.
On motion of Mr. Muir, seconded by Mr. Legates, Council by a roll call vote of five (5) yes, Mr. Witt and Mr. McDonough voting “no” and Mr. Harris absent, approved the recommendation of the Planning Commission and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 1236 SOUTH LITTLE CREEK ROAD FROM R-20 TO C-3.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of the property described below from R-20 to C-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-3 on that property located at 1236 South Little Creek Road, owned by Helen Sanders.
ADOPTED MAY 26, 1975
HOUSE BILL #384
As instructed by Council in their meeting of May 12, Mr. Rodriguez presented a prepared opinion on House Bill #384 which gives public employees the right to organize. He further recommended that Council definitely oppose the passage of this legislation.
Mr. McDonough, on the basis that the bill precludes the voluntary aspect of the present law and would automatically subject the City to the collective bargaining law, moved that Council go on record as opposing House Bill #384. The motion was seconded by Mr. Muir and carried.
HOME RULE
The City Solicitor was requested to give his opinion on the City adopting a Home Rule Charter. Due to the many complex procedures in adopting such a charter Mr. McDonough moved that Mr. Rodriguez’ letter be referred to the Legislative and Finance Committee for their study. The motion was seconded by Mr. Legates and carried, Mr. Witt voting “no.”
TOWN OF OCEAN CITY - REQUEST TIRES FOR ARTIFICIAL REEF
A letter from William H. Purnell, Jr., a councilman of Ocean City, Maryland, requested that the City of Dover participate in donating used tires to aid in building a reef off the coast from Delaware to Virginia.
On motion of Mr. Witt, seconded by Mr. Cullen, Council acknowledged receipt of the letter and referred the matter to the City Manager to develop a program also with local tire dealers. Motion was carried.
FRIENDS OF OLD DOVER - RETAIN CONTROL - DOVER LIBRARY
Mr. G. Daniel Blagg, in behalf of the Friends of Old Dover, requested that Council take action to allow the present Library Commission to take title to the Dover Library.
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council acknowledged receipt of the letter and asked that Mr. Blagg be informed of action initiated by Council to date. Motion carried.
THE DOVER PUBLIC LIBRARY - NEW LIBRARY LAW
A letter from Mr. Joseph S. McDaniel III, Acting President of the Dover Public Library Commission, explained in detail the effects of the new library law with an attached chart showing cash disbursements.
On motion of Mr. Legates, seconded by Mr. Muir, Council acknowledged receipt of the letter.
WOODCREST APARTMENT - TAX APPEAL
Mr. Daniel L. Twer, representing the law officers of Levin, Spiller and Twer, requested to be heard before Council relating to the decision of the Tax Appeals Committee on Woodcrest Apartments.
The City Solicitor advised that Council take a stand that a date had been set for appeals before that body and the owner failed to exercise that right.
On motion of Mr. Legates, seconded by Mr. Witt, Council instructed the City Solicitor to advise the property owner and Mr. Twer that their request is denied in terms of the law suit that is now pending.
ERNEST V. KEITH - ESTABLISHMENT OF MUNICIPAL COURT
A letter from Ernest V. Keith, Esquire, requested that Council consider the establishment of a municipal court which would have jurisdiction over various City Ordinances.
On motion of Mr. Witt, seconded by Mr. Cullen, Council acknowledged receipt of the letter and referred the request to the Legislative and Finance Committee to determine if such a need existed.
LEGISLATION TO PLACE ELECTRIC PRODUCING MUNICIPALITIES UNDER THE PSC
Mr. James addressed Council on the proposed legislation in the General Assembly to place municipally owned electric plants under the control of the Public Service Commission. The proposed legislation is very restrictive in that it levies control on property, franchises, equipment and rate structures. In addition, a three (3) mil tax is imposed on gross revenues which reverts to the Public Service Commission.
The news media, Mr. James stated, has placed particular emphasis on the number of petition signers endorsing Public Service Commission control but have failed to inform the public of the tax levy which the public would have to absorb. The bill applies only to the sale of electricity by municipalities and is Senate Bill #319.
Mayor Carroll expressed the concern of members of the League of Local Governments and has been requested by that body to formulate a meeting with Governor Tribbitt, in his capacity as president of the League and Mayor of the City of Dover. The meeting date has not been confirmed by the Governor’s Office but is expected to take place on Wednesday, May 28, 1975. The Mayor urged attendance of this meeting by as many Councilmen as possible.
On motion of Mr. Witt, seconded by Mr. Muir, Council authorized Mayor Carroll and the City Manager to express opposition, in a suitable manner, to Senate Bill #319.
DATE - PUBLIC HEARING FOR GEORGE MILBORNE ESTATE, 145 SOUTH GOVERNORS AVENUE
Mr. Roe requested that Council set a date for a public hearing of the George Milborne Estate located at 145 South Governors Avenue. The property was recently gutted by fire and condemned by his office. The estate has not complied with the orders issued by Mr. Roe.
On motion of Mr. Hardcastle, seconded by Mr. Witt, Council set a date of June 9, 1975, at 8:00 P.M. for the George Milborne Estate located at 145 South Governors Avenue.
DATE - PUBLIC HEARING FOR PHYLLIS FERGUSON, 341 NORTH NEW STREET
Mr. Roe requested a public hearing date for a garage at 241 North New Street which has been condemned and the owner, Phyllis Ferguson, has not complied with orders issued by his office.
On motion of Mr. Muir, seconded by Mr. Hardcastle, Council set June 9, 1975, at 8:00 P.M. for a public hearing on the above property.
RESULTS - POLICE DEPARTMENT AUCTION SALE
The following results of the City of Dover Police Department was read into the record by the City Clerk:
GROSS SALES 4,478.25
DISBURSEMENTS:
Police Pension Fund 1,650.50
General Fund (Police Dept.) 2,529.00
Electric Department 41.00
General Fund 7.75
Water Department 250.00
On motion of Mr. Cullen, seconded by Mr. Muir, Council acknowledged receipt of the report.
SILVER LAKE - POWER BOAT HARASSMENT
Mr. Perman reported several complaints of power boat harassment to non-power boat owners on Silver Lake. It was his opinion that the lake is no longer large enough to handle the increase numbers of power boats and skiers and sailboats. Mr. Perman requested more enforcement of existing ordinances controlling power boats. In addition, Council to entertain inducement for non-power boats to use the lake by restricting powerboats on certain hours or certain days. He stated that many municipalities have restricted the use of power boats on lakes allowing only sailing and row boats.
On motion of Mr. Perman, seconded by Mr. McDonough, Council referred this matter to the Parks, Playgrounds and Trees Committee and asked for a review of the existing ordinances and recommend time restrictions or elimination of power boats on Silver Lake.
COUNCIL ADJOURNED AT 8:40 P.M.
An Executive Session convened at 8:45 P.M. and adjourned at 9:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at their regular meeting of May 26, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
28 May 1975
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