REGULAR MEETING
April 14, 1975
The Regular Meeting of City Council was held on April 14, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Muir, Hardcastle, Perman, Witt, Harris and McDonough. Councilman Legates was absent.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the regular meeting of City Council held on March 24, 1975, were accepted and bore the written approval of Mayor Carroll.
ANNEXATION RESULTS - WYOMING AVENUE, SOUTH STATE STREET AND GOVERNORS AVENUE
The Election Officials of Kent County certified to Council the results of the referendum held on Saturday, April 12, 1975, which included lands described in a resolution adopted by Council in their meeting of March 10, 1975. The annexation referendum results are as follows:
FOR ANNEXATION 14 votes
AGAINST ANNEXATION 24 votes
TOTAL 38 votes
On motion of Mr. Harris, seconded by Mr. Witt, Council by a vote of seven (7) yes, Mr. Legates being absent, accepted the results of the referendum as certified above.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Concession Stands - Awarding Rights - - The Committee considered the question of receiving bids for City owned concession stands. Difficulty in finding interested bidders resulted in a recommendation that the City Manager be permitted to negotiate any or all applications for City concession stands each year. On motion of Mr. McDonough, seconded by Mr. Witt, Council voted for the recommendation of the Committee.
City Recreation Programs Versus YMCA - - A proposal submitted by Mr. Ted Ressler of the YMCA suggested the Council consider turning over the City’s recreation program to that organization. It was the recommendation of the Committee that the City of Dover proceed with its own programs with a full time director, said program to be coordinated with the County and the YMCA. On motion of Mr. Muir, seconded by Mr. Hardcastle, Council voted for the recommendation of the Committee.
Recreation Director’s Salary - - The Committee agreed, as so stated by Mr. James, that the present salary classification set for a Recreation Director was not adequate. Therefore it is recommended that the classification be elevated to a G-20 and that this matter be referred to the Legislative and Finance Committee for their consideration and recommendation to Council. On motion of Mr. Witt, seconded by Mr. Hardcastle, Council voted for the recommendation of the Committee.
Arts and Crafts Display - Mirror Pond Area - Scouts - - Mr. James received a request from Mr. Martin Gebler that the Scouts be permitted to use the Mirror Pond area for an Arts and Crafts display. The Committee recommends consent of this project and that the City Manager coordinate the time and procedure for this project with Mr. Gebler. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council voted for the recommendation of the Committee.
On motion of Mr. Perman, seconded by Mr. McDonough, Council accepted the report of the Parks, Playgrounds and Trees Committee as presented.
SAFETY ADVISORY COMMITTEE REPORT
A letter from Mr. Thomas Murray, Jr., Director of the State Department of Administrative Services, requested that an ordinance be enacted to restrict bus parking in the Capitol Square area near the Jessie Cooper Building. In addition, the jurisdiction of the State Security Force in policing streets in the area was questioned.
The Committee, after discussion with Chief Spence, recommends that no significant problem of bus parking warrants an ordinance and that Mr. Murray be informed by letter that the City of Dover Police Department had jurisdiction on all City streets. On motion of Mr. Muir, seconded by Mr. Witt, Council voted for the recommendation of the Committee.
On motion of Mr. Perman, seconded by Mr. Witt, Council accepted the report of the Safety Advisory Committee as submitted..
LEGISLATIVE AND FINANCE REPORT
The Legislative and Finance Committee, in their report to Council, recommends that the tax rate be increased from its current 80¢ per $100 of assessed valuation on real estate to 90¢ per $100 assessed valuation to maintain a balanced budget in fiscal year 1976. It was further recommended that the Utility Committee make a complete study of all charges presently being made for all services rendered by the City in an attempt to insure that they will be self-sustaining.
Mayor Carroll advised Council that the setting of the tax rate will be dealt with later on the agenda. He suggested that this matter by taken under advisement and dealt with at that time.
On motion of Mr. Witt, seconded by Mr. Muir, Council requested that the Utility Committee make a complete study of charges for services rendered by the City and report back with a firm recommendation. Motion was carried.
On motion of Mr. Muir, seconded by Mr. Witt, Council accepted the written report of the Legislative and Finance Committee as submitted.
TAX APPEALS
A public hearing was duly advertised for this time and place to consider the tax appeals for the year 1975. Mayor Carroll declared the hearing open. A report of the Tax Appeals Committee was read into the record. No one was present to speak for or against the appeals of the following properties as recommended by the Appeals Committee. There was no correspondence received.
1. On motion of Mr. Muir, seconded by Mr. Perman, the assessment of Helen Sanders for two lots on the South Little Creek Road was reduced from $9,500 to $5,900 by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates.
2. On motion of Mr. Hardcastle, seconded by Mr. Muir, the assessment of Helen P. Hufnal for land located on South Little Creek Road was reduced from $4,700 to $2,900 by a roll call vote of seven (7) yes and one (1) absent. Mr. Legates.
3. On motion of Mr. Hardcastle, seconded by Mr. Muir, the assessment of Mary Phyllis Opdyke for the land located on the South Little Creek Road was reduced from $4,700 to $2,900 by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates.
4. On motion of Mr. Muir, seconded by Mr. Cullen, the assessment of the Woodcrest Realty Company for the Woodcrest Apartments on Woodcrest Drive will remain at $275,200 by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates.
On motion of Mr. Muir, seconded by Mr. Hardcastle, Council accepted the report of the Tax Appeals Committee as presented.
BIDS - PAVING ROADWAYS & PARKING AREAS - CITY OF DOVER PARK AND RECREATION AREA
Bids received for paving the roadways and parking area at the City of Dover Park and Recreation area were as follows, as reported by Mr. James:
DSHD Top Mix DSHD Bank Run Hot Mix
George and Lynch 19.25 per ton 16.75 per ton
Warren Brothers 17.45 per ton 14.95 per ton
It was the recommendation of the Engineering and Public Works Department to accept the bid of Warren Brothers at 14.95 per ton for Bank Run Hot Mix, total price of the project being $22,425.00. On motion of Mr. Witt, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates, awarded the bid to Warren Brothers.
PROJECT #65 - EXTEND SEWER & WATER FROM STATE COLLEGE ROAD TO GENERAL METAL CRAFT
Mr. James reported bids received for Project #65 for the extension of water and sewer lines from State College Road along McKee Road to the site of General Metalcraft. The bids were reported as listed below:
Teal Construction Company, Inc. $ 93,960.00
W. B. Mitten and Son, Inc. 99,500.45
Warren Brothers Company 103,894.80
George and Lynch, Inc. 105,837.65
Webb Construction, Inc. 106,225.00
An alternate bid for an eight inch force main versus a six inch was submitted by request of Mr. O’Neill which amounted to an additional cost of $8,752.00. It was the recommendation of the City Manager to accept the bid of Teal Construction Company for $93,960.00 and forego the eight inch main at this time. On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates, accepted the recommendation of the City Manager.
PUBLIC HEARING - ORDINANCE TO RESTRICT PARKING IN MORRIS ESTATES I & II
A public hearing was duly advertised for this time and place to adopt an ordinance to restrict parking in Morris Estates I on Morris Drive and Orchard Avenue and Morris Estates II on Evergreen Drive on the odd numbered side of the street as designated by the house numbers. Mayor Carroll declared the hearing open.
Mr. Frank Markert and Mrs. Ernest Roblee were present to speak against the ordinance. A petition was submitted by residents of Morris Estates II, Evergreen Drive, containing approximately 61 signatures, against the ordinance and one for.
Under questioning by Mr. Harris, Chief Spence stated that the parking problem was due to the narrowness of the streets in these developments which might hamper fire trucks or oil trucks. The original request, which instituted the survey, was from a resident who asked to have the speed limit lowered. Resident off street parking also presents a problem since there are no alleys.
Mr. Harris stated that an ordinance is designed to protect citizens but in this specific case, there does not seem to be a problem. On motion of Mr. Witt, seconded by Mr. McDonough, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates, voted not to adopt the ordinance.
PUBLIC HEARING - LOUIS & MARGARET EDGELL - WALKER ROAD PROPERTY
A public hearing was duly advertised for this time and place to rezone land located at 780 Walker Road owned by Louis and Margaret Edgell. Mayor Carroll declared the hearing open. Mr. Charles Pardee, Jr. was present to speak for the rezoning which would allow self-service gas pumps. Mr. Paradee pointed out the lack of gasoline in the area. Mr. Roe stated that the Planning Commission had taken a stand denying self-service or coin-operated gas pumps within the City of Dover although an appeal before the State Fire Marshal resulted in allowing same in the State of Delaware. If such a request was received in the City, in an area properly zoned, the City would have to accept the request but could be more restrictive that the State. Mr Perman, pointed out the safety factor due to the close proximity of a school and children patronizing Marstellers. If the request was allowed he considered it spot zoning. The Planning Commission recommended denial of the rezoning. On motion of Mr. Perman, seconded by Mr. Witt, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates, denied the request for rezoning.
TAX RATE - 1975-76
It was the recommendation of the Legislative and Finance Committee that the real estate tax rate be increased from $.80 per $100 of assessed evaluation to $.90 per $100 of assessed evaluation.
Mr. Harris moved that Council set the real estate tax rate for the year 1975 at $.90 per $100 of assessed evaluation as recommended by the Legislative and Finance Committee, effective May 1, 1975. The motion was seconded by Mr. Muir.
Mr. Perman wondered if the $.10 increase is sufficient from the viewpoint that basically it will force Council into adopting higher sewage charges to cover the balance of the deficit. Further, there is a factor whether citizens would rather pay the sewage cost through the general fund, through a taxation, rather than a service charge.
Mr. McDonough reiterated the discussion of the Legislative and Finance Committee and stated that the $.10 increase on real estate was the final recommendation.
Mayor Carroll stated that the tax rate could remain the same if the City would adopt the one percent real estate transfer tax. This would put the burden on new people coming into the City. Mayor Carroll further stated that any service charges should be on a pay as you go basis and not be subsidized by taxation.
By a roll call vote of seven (7) yes, and One (1) absent, Mr. Legates, Council set the tax rate for 1975 at $.90 per $100 of assessed evaluation effective May 1, 1975.
ADOPTION OF GENERAL FUND AND ELECTRIC FUND AUDIT - 1974-1975
On motion of Mr. McDonough, seconded by Mr. Perman, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates, accepted the audit of the General Fund as submitted.
On motion of Mr. Witt, seconded by Mr. Muir, Council accepted the audit of the Electric Fund as submitted by a roll call vote of seven (7) yes and one (1) absent, Mr. Legates.
RESOLUTION - SENATE BILL 201 AND 202
Mr. James addressed Council on Senate Bill 201 and 202 stating that these bills as introduced in legislature on April 8, 1975 would put municipal owned electric generating planets under the control of the Public Service Commission of the State of Delaware. Since McKee Run is the only active City owned generating plant, these bills are aimed directly toward the City of Dover. This would put the City of Dover in a precarious position due to contractual agreements with the bond holders and also jeopardize the City’s position where rate changes are necessary to abide by the covenants of the bond. This could result in the trustee seizing the electric power system causing excessive interest rates to be charged for funds needed to improve the various utilities furnished by the City. Mr. James thus read a prepared resolution to be presented to all members of the 128th Assembly and the Governor of the State of Delaware.
On motion of Mr. Witt, seconded by Mr. Cullen, Council by a roll call vote of Seven (7) yes and One (1) absent, Mr. Legates, adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover has recently become aware of proposed legislation which has been introduced in the Senate of the 128th General Assembly identified as Senate Bill No. 201 and 202, and
WHEREAS, in reading the definitions outlined in these two pieces of legislation the only municipality directly involved would be the City of Dover, since at the present time the City of Dover is the only municipality which generates and sells it own electrical energy, and
WHEREAS, if either piece of this legislation should be enacted into law it could and would impose an irreparable financial burden upon the residents of the City of Dover.
WHEREAS, these two pieces of legislation remove the control of City-owned property from the hands of the Mayor and Council of the City of Dover who are elected by the residents to represent them, and
WHEREAS, the Mayor and Council of the City of Dover has become aware through the news media that the Public Service Commission of the State of Delaware also advocates the enactment of wither this legislation or one similar, and
WHEREAS, the passage of any of this legislation could conceivably place the City of Dover in violation of a contractual agreement to bond holders which has been in existence since 1965, and
WHEREAS, the credit ratings of the City of Dover in the financial community could be adversely affected by the passage of such legislation to the point that the bond ratings for all classes of bonds would be seriously downgraded, and
WHEREAS, the Mayor and Council of the City of Dover affords its customers within the defined areas whether they be within the City limits or outside the City limits the opportunity of being heard at a public hearing before any rate increases or any proposed changes in the operating rules and regulations are approved, giving all customers the same opportunity that they would be afforded should the Public Service Commission control the various utilities, and
WHEREAS, all like customers within the service area are charged the same rate for electricity and no premium charge is made to the customer outside the City for electric service, contrary to some statements that have been made to the news media.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET THAT:
1. The Mayor and Council of the City of Dover sincerely feel that the passage of the proposed legislation would be one more step toward the invasion of the sovereignty of the City of Dover, as other cities, by the State in taking away the powers given to the elected officials at the local level and passing it on to a commission appointed by the Governor of the State of Delaware.
2. That the Mayor and Council of the City of Dover respectfully request that the members of the Senate vote in opposition to these bills as well as any others which may subsequently be introduced which have a tendency to remove the administration of local government from its locally elected officials.
3. That a copy of this Resolution be furnished to all members of the 128th General Assembly, the Governor of the State of Delaware, and spread upon the official minutes of the City Council of the City of Dover by the City Clerk upon its adoption.
ADOPTED APRIL 14, 1975
LENAPE - UNITED CEREBRAL PALSY OF DELAWARE
A letter from Executive Director Clara Raffensperger of Camp Lenape and the United Cerebral Palsy Agency of Delaware informed Council of a thirty minute slide presentation of last years camp activities. On motion of Mr. Muir, seconded by Mr. Cullen, Council acknowledged receipt of the letter.
PARKING - SOUTH BRADFORD STREET
A letter from Mr. Donald King asked Council to restrict parking on South Bradford Street from 8:00 A.M. to 5:00 P.M. due to Kent General Hospital employees usage during the day. On motion of Mr. Harris, seconded by Mr. Muir, Council referred this matter to the Safety Advisory Committee.
YMCA - 1976 FUNDING REQUEST AND INTERIM REPORT
Mr. Ted Ressler, Executive Director of the YMCA, submitted a request for funding in 1976 with a copy of their budget included showing a breakdown of the various programs and budget costs. Mr. Harris asked to dispense with the reading of the lengthy report. On motion of Mr. Muir, seconded by Mr. Cullen, Council by a vote of six (6) yes, one (1) no, Mr. Perman, and one (1) absent, Mr. Legates, referred the report and funding request to the Committee of Committees.
DELAWARE STATE NEWS - ANNUAL PROGRESS EDITION
Mr. Joseph D. Cunningham, Sales Co-ordinator for the Delaware State News, informed Council that the 14th Annual Progress Edition will be published on July 6, 1975 and the cost for a full page ad is $600.
Mayor Carroll asked the City Manager if money was available to enable the City to participate with this edition. Mr. James replied that the City does not have this as a budget item either in last years budget or the 1975-76 budget.
On motion of Mr. Witt, seconded by Mr. Muir, Council voted that the City Manager inform Mr. Cunningham that due to the City’s tight budget situation, they will be unable to participate in the 14th Annual Progress Edition.
CENTRAL DOVER BUSINESS ASSOCIATION - DOVER DAYS REQUEST
Mrs. Jane Erek, Secretary to the Central Dover Business Association, requested in a letter to Mayor and Council for permission to allow merchants to have flower carts on the corners of Loockerman and State Streets, candy stand and perhaps an ice cream stand in keeping with the festivities of Dover Days, May 3rd, this year.
On motion of Mr. Harris, seconded by Mr. Muir, Council granted permission for these activities and stipulated that they be coordinated with the office of the City Manager, the Police Chief and Fire Marshal.
MODERN MATURITY CENTER - AWARENESS DAY
Mr. Robert Bonniwell, Executive Director of the Modern Maturity Center, requested that Bradford Street be blocked off at its intersection with Division Street on June 6 (June 7 , in the event of rain) from 11:00 A.M. to 4:00 P.M. The purpose for the request is an “Awareness Day” to alert legislators of the problems and needs of older adults and inform them of existing services sponsored by the Modern Maturity Center.
On motion of Mr. Cullen, seconded by Mr. McDonough, Council granted the above stipulation that all activities be coordinated with the City Manager, Police Chief and Fire Marshal.
HEDGE - SOUTHWEST CORNER OF SUNSET TERRACE AND DOVER STREET
A letter from Mr. Wesley Coote complained on the hedge height located on the southwest corner of Sunset Terrace and Dover Streets. Mr. Coote pointed out the traffic hazard caused by the hedge and the obstruction of a portion of the sidewalks.
On motion of Mr. Harris, seconded by Mr. Muir, Council referred the above to the Safety Advisory Committee.
DOVER HERITAGE TRAIL - REZONING AND ARCHITECTURAL REVIEW
Mrs. Cornelia Jones, President of the Dover Heritage Trail, Inc., in behalf of the officers and members of that organization described some of the architectural ideas envisioned by fellow members in the Central Dover area and asked the City to consider same in adopting new zoning classifications throughout the City. Character blends with prevailing architectural style and a thorough historic survey of Central Dover under the auspices of a City Historic District Commission such as envisioned by legislation currently before the General Assembly were mentioned.
Mayor Carroll suggested that the letter be referred to the Legislative and Finance Committee for their review of current legislation, the Planning Commission to outline and define the area mentioned for Council and the Friends of Old Dover for their input.
On motion of Mr. Witt, seconded by Mr. Hardcastle, Council referred the letter to the Legislative and Finance Committee, the Planning Commission, the Downtown Merchants Association, the Friends of Old Dover and other interested persons.
CONGREGATION BETH SHOLOM - FLEA MARKET
Mr. Nate Zitomer, Secretary of the Mens Club of Congregation Beth Sholom, asked for permission to hold a Flea Market on the synagogue grounds on May 18, 1975. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council granted the request stipulating that all activities be coordinated with the City Manager, Chief of Police and the Fire Marshal.
DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT - CAPITOL GREEN
A letter from Mr. Robert S. Moyer, State Director of Housing, to residents of Capitol Green, explained the procedure for rehabilitating that development by the Delaware State Housing Authority, recent purchasers.
On motion of Mr. Witt, seconded by Mr. Cullen, Council acknowledged receipt of the letter.
NATIONAL FLOOD INSURANCE PROGRAM - MR. JAMES
Mr. James informed Council that the National Flood Insurance Program had progressed to the point that it will be necessary for the City of Dover to become certified by the Federal Government or no federal insured mortgages will be available in the City.
To comply, the City’s building codes and zoning regulations will have to meet with federal standards. Mr. James suggested that this matter be referred to a committee for study and institute the paper work to become certified. Certain areas designated as flood prone by the government, could be discussed through appeal. On motion of Mr. Muir, seconded by Mr. Witt, Council referred the above matter to the Utility Committee.
COUNCIL ADJOURNED at 9:35 P.M.
WILLIAM H. WILLIS, CITY CLERK
All orders, ordinances and resolutions adopted by City Council at their meeting of April 14, 1975, are hereby approved.
CRAWFORD J. CARROLL, MAYOR
22 April 1975