REGULAR MEETING
March 24, 1975
The Regular Meeting of City Council was held on March 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 Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the regular meeting of City Council held on March 10, 1975 were accepted and bore the written approval of Mayor Carroll.
CARLETON WALLS RESOLUTION
Due to the recent illness of former Council member Carleton Walls, there was a motion by Mr. Witt, seconded by Mr. Hardcastle, to adopt the following resolution. The motion was carried.
WHEREAS, Carleton Walls, former Councilman of the City of Dover was recently incapacitated by unexpected illness; and
WHEREAS, the Mayor and Council of the City of Dover wish to extend to Carleton Walls their best wishes for a speedy recovery and return to his active duty.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their sympathy to Carleton Walls and his family for Carleton Walls’ recent illness.
2. The Mayor and Council of the City of Dover wish to extend to Carleton Walls their best wishes for a speedy recovery from his illness and quick return to his duties.
ADOPTED MARCH 24, 1975
RESOLUTION DESIGNATING DOVER HERITAGE TRAIL AS THE OFFICIAL TOUR HOST AND HOSTESS OF DOVER
As a result of a request received from the Dover Heritage Trail, Inc. the motion was made by Mr. Muir, seconded by Mr. Legates, and carried that Council adopt the following resolution.
WHEREAS, Dover Heritage Trail, Inc. conducts guided walking tours of the City of Dover, and
WHEREAS, Dover Heritage Trail, Inc. is a non-profit organization, and
WHEREAS, Dover Heritage Trail, Inc. has applied to the Mayor and Council of the City of Dover to be designated as the Official Tour Host and Hostess of the City of Dover through the Bicentennial Period.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER;
1. That the Mayor and Council of the City of Dover hereby designate Dover Heritage Trail, Inc. as the Official Tour Host and Hostess of the City of Dover through the Bicentennial Period.
2. That the Mayor and Council of the City of Dover hereby reserve the right to make other designations for the Bicentennial Period.
ADOPTED MARCH 24, 1975
RESOLUTION - SPRING CLEAN UP WEEK
Motion by Mr. Legates, seconded by Mr. Cullen and carried, Council adopted the following resolution.
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally the first weekend in May is a period set aside to honor the past and traditions of the City, and
WHEREAS, the annual Old Dover Days will be celebrated May 3, 1975.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 20 - 27, 1975 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash or debris that they may have at the curb for pickup during said Special Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up and debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED MARCH 24, 1975
REPORTS
Chief of Police Report for the month of February was accepted.
Building Inspector and Fire Marshal Report for the month of February was accepted.
City Planner Report for the month of February was accepted.
City Alderman Report for the month of February was accepted.
Cash Receipts, General Fund, for the month of February was accepted.
Budget Report, General Fund, for the month of January was accepted.
Cash Receipts, Electric Fund, for the month of February was accepted.
Budget Report, Electric Revenue Fund, for the month of February was accepted.
Cash Receipts, Electric Improvement Fund, for the month of February was accepted.
City Manager’s Report for the month of February was accepted.
CITY MANAGER’S WRITTEN REPORT
Mr. James reported progress on Project #63 with Court Street sewer line completed and in use, New Burton sewer line completed and storm sewer work along Whiteoak Road approximately 75% completed. Project #64, South Little Creek Road Water Line Extension, began February 27 and should be completed March 14, 1975. This will enable the Horsepond well site to be connected with the City water system.
Turbine alignment on Unit #3 was completed and the turbine placed on turning gear during the month. Unit #2 was shut down twice during the month of February for minor repairs. Unit #1 at McKee Run was shut down on February 28 to begin annual inspection. The difficulty in firing the new boiler to proceed with the steam blows has been corrected and stream blows have been instituted.
Mr. Robert Schucker, Electric Manager, has been named chairman of the Transmission and Distribution Section of the American Public Power Association. Mr. Legates, on behalf of Council, congratulated Mr. Schucker on attaining such a high position in the APPA.
DIVISION OF HIGHWAYS STREET MAINTENANCE AGREEMENTS
A letter from the Division of Highways requested that the City modify the maintenance agreement on City maintained streets versus State maintained streets to include US 113 to the present City limits. Mr. Cullen explained that this will result in more street aid money available to the City.
On motion of Mr. Legates, seconded by Mr. Perman, Council by a roll call vote of seven (7) yes, voted to accept the agreement on the basis of the City Manager’s recommendation with the stipulation that said agreement first be checked by the City Solicitor. Mr. Cullen requested to be recorded as not voting on the grounds that his vote might be considered as a conflict of interest.
Mr. James reported progress with the Highway Department in plans to widen Saulsbury Road from Forrest Street to Denneys Road. This will involve relocating 69 KV distribution lines and poles that now exist along this route.
DRAINAGE PIPE - FOX HALL DEVELOPMENT
The City Manager informed Council that the 291 linear feet of drainage pipe authorized by them will not be adequate to correct the drainage problem at Fox Hall Development. He has been informed by the developer that 1,100 linear feet of pipe will be required. Since the original action of Council was to furnish the pipe and the developer install same at his expense, Mr. James recommended that Council purchase the additional 1,100 feet of pipe. On motion of Mr. Muir, seconded by Mr. Legates, Council by unanimous roll call vote accepted the recommendation of the City Manager.
STORM DRAIN - WOODCREST AREA
Mr. Perman reported reading the engineering consultants report on the drainage problem on Walker Road, near Woodcrest and the ditch on the property of the Dover High School and the Richardson property. One of the recommendations was to install a 15 x 17 box culvert under Walker Road. Mr. Perman asked if the City could make a study to determine if this would alleviate the problem. Mr. James stated that various studies had been made and that those involved, including the former city engineer, were not impressed with enlarging the pipe under Walker Road until such time that the ditch in its entirety to Silver Lake could be taken care of. On motion of Mr. Perman, seconded by Mr. Legates, Council referred the above to the Utility Committee.
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council accepted the City Manager’s Written Report as submitted.
J. P. COURT #7 REPORT - FEBRUARY 1975
The City Clerk submitted a report from J. P. Court #7 for the month of February 1975. The check int eh amount of $6,667.80 was received with deferred payments as of February 28, 1975, amounting to $34,084.02. On motion of Mr. Witt, seconded by Mr. Cullen, Council accepted the report as submitted.
PUBLIC HEARING ON REVISED ZONING MAP
A public hearing was duly advertised to accept the revised zoning map as submitted by Acting Planner Jack Roe. Mayor Carroll declared the hearing open relinquishing the presentation of nine sections of maps depicting the entire City to Acting Planner Roe. Mr. Roe explained the various changes in the map that was necessary for updating and pointed out a correction in the boundary of the city limits which would exclude a small parcel of land owned by J. Ward Hurley on the South Little Creek Road. There was no correspondence and no one present to speak for or against the zoning map as presented. Mayor Carroll declared the hearing closed. On motion of Mr. Cullen, seconded by Mr. Muir, Council by unanimous roll call vote accepted the revised zoning maps as presented with corrections as submitted by Mr. Roe.
ORDINANCE - MORRIS ESTATES PARKING
An ordinance was presented to Council that would restrict parking in Morris Estates I and II. On motion by Mr. Witt, seconded by Mr. Muir, Council set a date of April 14, 1975, at 8:00 P.M. for a public hearing to adopt the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That it shall be unlawful to park motor vehicles on Evergreen Drive in Morris Estates, Number 2, on the odd numbered side of said Drive as designated by the house numbers.
2. That it shall be unlawful to park motor vehicles in Morris Estates, Number 1, on Morris Drive and Orchard Avenue on the odd numbered sides of these streets as designated by the house numbers.
3. That this ordinance shall be enforced upon the erection of appropriate signs.
ORDINANCE - JESSIE COOPER BUILDING PARKING - WILLIAM PENN STREET
Council considered a request that would restrict parking on William Penn Street adjacent to the Jessie Cooper Building. It was the recommendation of the Safety Advisory Committee that this ordinance by adopted. On motion of Mr. Muir, seconded by Mr. Perman, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. Eight 30 minute parking spaces shall be created along William Penn Street adjacent to the Jessie Cooper Building, which spaces are now designated with a yellow curb area and it shall be lawful in said spaces for vehicles to park for a period of time not exceeding 30 minutes in duration. It shall be unlawful to park in said spaces for a period of time longer than 30 minutes.
2. This ordinance shall be enforced upon the erection of appropriate signs or markings.
ADOPTED MARCH 24, 1975
ORDINANCE - DR. BLUM - NO PARKING SIGN - 20 SOUTH STATE STREET
Council considered a request from Doctor Bertram Blum to allow a no parking sign at his new location at 20 South State Street. On motion of Mr. Muir, seconded by Mr. Hardcastle, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. Doctor Bertram H. Blum previously was given a no parking sign in front of his office at 102 South State Street designated as “No Parking - Doctor’s Only”. Dr. Blum has now relocated his office to 20 South State Street and it is hereby ordained that he shall be entitled to a parking space so designated at his new office address on 20 South State Street.
2. This ordinance shall be in force upon erection of the appropriate sign designating the new parking space at 20 South State Street as “No Parking - Doctor’s Only”.
ADOPTED MARCH 24, 1975
REZONING REQUEST - LEIPSIC ROAD #88, LUTHER T. WILLIAMS
A request was received from Luther T. Williams to rezone his property located on Road #88 Leipsic Road . Prior to amending the zoning ordinance and zoning map of the City of Dover a public hearing is required. Mr. Roe asked to be recognized and suggested that Council place a restraining order on rezoning requests until such time that the zoning code hearing, on April 21 and the comprehensive plan hearing on May 12th are held and accepted.
Mayor Carroll stated that it would be unfair to the public not to recognize requests for public hearings. Mr. Harris suggested that a date be set beyond the aforementioned hearings on the zoning code and comprehensive plan. On motion by Mr. Legates, seconded by Mr. Hardcastle, 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 TO THE 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 #88 Dover-Leipsic Road are 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 May 26, 1975, 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 #88 Dover-Leipsic Road, owned by Luther P. Williams.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 24, 1975
REZONING REQUEST - HELEN SANDERS - SOUTH LITTLE CREEK ROAD
A request was received from Helen Sanders to rezone her land located on South Little Creek Road. Prior to amending the zoning ordinance and zoning map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Witt, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE 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 1236 South Little Creek Road are 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 May 26, 1975, 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 1236 South Little Creek Road, owned by Helen Sanders.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 24, 1975
REQUEST FOR THE USE OF CITY OF DOVER PARK RECREATION BUILDING FOR A WEDDING RECEPTION
A second request from Mr. John Scheible appealed to Council to reconsider a previous decision disallowing a wedding reception in the City of Dover Municipal Park Recreation Building.
Mr. Hardcastle made a motion that Council reconsider their previous decision and grant the Scheibles permission t use the facility for a wedding reception. The motion was seconded by Mr. Muir. Mr. Legates suggested that the above motion include a statement that the general public would not be denied access to the building at anytime. Mr. Hardcastle accepted this as an amendment to his motion, as did Mr. Muir. Council granted permission for the use of the building for a wedding reception between the hours of 3:00 P.M. on June 1, 1975 on the basis of the above motion. Motion was carried.
COMPLAINT - CONDITION OF DOVER EAST DEVELOPMENT OWNED BY ROBINO-LADD CORPORATION
A letter from Mr. and Mrs. Gruentzel and Mr. and Mrs. Schell of 431 and 433 Barrister Place, Dover East Development, complained that Robino-Ladd Developments in that area are poorly maintained. Abandoned construction sites, drainage, streets, rodents and marsh areas were some conditions mentioned. Repeated complaints to the owner have gone unheeded. On motion of Mr. Muir, seconded by Mr. Legates, Council referred this matter to Building and Health Inspector for his findings with the stipulation that he report back to Council.
DPL ELECTRIC RATES - LETTER TO WALLIS DUNCAN FROM GEORGE RUSSELL, JR.
A letter from Mr. George Russell, Jr., City Manager of Milford, to Mr. Wallis Duncan of Duncan, Brown, Wineburg and Palmer was read to Council. Mr. Russell suggested in his letter that the various cities or intervenors meet with Mr. Bernstein, consultant engineer, and prepare a settlement figure to present to DPL in regards to the present electrical rates charged to municipalities. This refers to an appeal to the FPC, docket #E-8947, involving the intervenors versus DPL. On motion of Mr. Perman, seconded by Mr. Muir, Council acknowledged receipt of the letter.
ALEXANDER P. TRUBIN - SIDEWALKS - SPRUANCE ROAD
A letter from Alexander P. Trubin to Mayor and Council requested that he be allowed to wait until the City installs sidewalks in the area of Spruance Road in lieu of installing same at his residence at 40 Spruance Road immediately. Mr. Roe stated that Mr. Trubin is on a fifteen day notice to install the sidewalks. Mr. Harris asked if making an exception in this case would affect our present ordinance in any future cases of this nature. Mayor Carroll answered that it might and suggested that this matter be referred to the Utility Committee for their investigation and recommendations. On motion of Mr. Witt, seconded by Mr. Hardcastle, Council referred this matter to the Utility Committee.
COMMITTEE MEMBER APPOINTMENT - COMMUTER AIRLINE
Mr. Joseph T. Conaway, Sussex County Administrator, asked if the City of Dover would like to appoint a working member to a committee to attract a more reliable airline commuter service to serve Georgetown and Dover. Mayor Carroll stated that a Liaison Committee on Kent County transportation now exists and turned the above over to that body to be a part of the discussions on transportation. Chairman Legates accepted the responsibility of the appointment.
CENTRAL DOVER BUSINESS ASSOCIATION - COVERED PARKING METERS
A letter from Mr. Bernard W. Ettenger, President of the Center Dover Business Association, Inc., requested that Council grant the Downtown Merchants permission to cover approximately 82 parking meters from March 25 to March 29. The area to be covered would extend from State Street to New Street on Loockerman and from Minor Street, including Beck’s, to North Street on Governors Avenue. The merchants would pay a fee of forty cents per day per meter and cover each meter with a bag. On motion of Mr. Legates, seconded by Mr. Muir, Council granted the merchants request to cover parking meters in the area described above, and the merchants will pay forty cents per meter per day, the police will patrol for two hour parking, and the effective dates will be March 25 thru 29 inclusive. This is to be done in conjunction with the Chief of Police and the City Manager. Motion carried.
BUS PARKING - CAPITAL SQUARE AREA
Mr. Thomas Murray, Jr., of the Department of Administrative Services, complained of buses parking in the Capital Square area and asked that Council enact an ordinance to restrict same. On motion of Mr. Harris, seconded by Mr. Hardcastle, Council referred the matter on the Safety Advisory Committee.
Mayor Carroll suggested that the committee consider asking the State to provide loading and unloading locations in this area as well as parking for buses since the purpose of their business is related to State Legislative matters or tours of the various buildings in the Capital Square area.
CANCER SOCIETY - CONTRIBUTIONS FOR APRIL CRUSADE
A letter from Doyle T. Owen, chairman of the Kent County Cancer Crusade, asked that Council contribute in some way to this cause. Mr. Harris moved that the letter be acknowledged informing Mr. Owen that each Councilman is personally involved in contributions at this time to the Cancer Society and that Council is knowledgeable and concerned in the society’s aims. The motion was seconded by Mr. Legates and carried.
LARRY KESSELRING - MOBILE HOME REQUEST
A letter from Lynn Teaman, vice-president of National Homes, requested that Mr. Larry Kesselring be permitted to place a mobile home on his land which parallels the railroad tracks on New Burton Road. Mr. Larry Kesselring was present and stated that the trailer would be used for a farm trucking business and virtually unseen from the road. All utilities will be utilized from the farm facility. Mr. Perman stated that the more exceptions that are made of the ordinance that prohibits trailers in the city the weaker the ordinance becomes. On motion of Mr. Muir, seconded by Mr. Witt, Council by a vote of seven (7) yes and one (1) no, Mr. Perman, granted permission for Mr. Kesselring to place a trailer on his farm on New Burton Road on a temporary basis for a period of up to two years.
GRACE MIKELL - CITY MERGER WITH COUNTY ON SENIOR TRANSPORTATION SYSTEM
A letter from Mrs. Grace Mikell expressed her concern over talk relative to the City merging the Senior Surrey with the County counterpart. On motion of Mr. Legates, seconded by Mr. Muir, Council acknowledged receipt of the letter with thanks for Mrs. Mikell’s kind remarks.
261st SIGNAL COMMAND - CLEAN UP AS COMMUNITY SERVICE
S/Sgt John Jaywork, in a letter to Mr. James, offered trucks, tools and members of the 261st Signal Command of the Delaware National Guard to clean up City park areas near Silver Lake. Mr. Hames informed Council that plans have been made with the guard and the project is ready to go. On motion of Mr. Muir, seconded by Mr. Witt, Council acknowledged receipt of the letter and expressed their thanks to the Delaware National Guard.
LIBRARY COMMITTEE REPORT
A report outlining certain proposals of the Levy Court concerning Library districts was submitted for Council’s review. Mr. Legates declined to comment on the report until it could be discussed by the Committee of Committees. On motion of Mr. Muir, seconded by Mr. Witt, Council acknowledged receipt of the report.
CITY CHARTER PROPOSED CHANGES
Mr. Witt called attention to a list of charter changes submitted by himself as a result of several weeks of study. These changes are relative to the municipal election, registration, terms of office of a Councilman, etc. Mr. Witt moved that his proposals be referred to the Wages, Hours, Legislative and Finance Committee. Mr. Cullen seconded the motion and it was carried.
GENERAL INFORMATION
Mr. Roe reminded Council that the hearing for the changes in the Zoning Code is set for April 21m 1975 at 7:30 P.M. He also asked that the public hearing for the comprehensive plan be set for May 12, 1975 at 8:00 P.M. On motion of Mr. Cullen, seconded by Mr. Legates, Council by unanimous roll call vote, set the hearing as requested by Mr. Roe.
MR. PERMAN - CHIEF SPENCE’S REPORT ON METHODS OF INTERVIEWING RAPE CASES
Mr. Perman asked Chief Spence to briefly go over his report as submitted as a result of his contact with other law enforcement agencies in the various cities. Mr. Perman asked about a section of the report dealing with rape cases in Berkley, California, specifically whether exams are totally private and not conducted in the presence of an officer. Also, the allowance of relatives, friends or a third party during the investigation and if the procedure requiring only female police personnel take the detailed personal statements to establish corpus delecti in rape cases and referral or assistance for psychiatric help. Mr. Perman asked if the City Police Department had any of these items included in their investigation procedures.
Chief Spence stated that the medical exam is private. The third party is available to the victim if she so desires. The psychiatrist is not available due to the lack of a psychiatrists in the City of Dover or lack of one in the departments employment. A female policewoman is present during the investigation but is not experienced enough to conduct an interview. If other female policewomen join the force they also will be trained and used whenever possible.
Mr. Perman thanked Chief Spence for compiling the report for the benefit of Council.
COUNCIL ADJOURNED AT 9:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of March 24, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
31 March 1975