REGULAR MEETING
January 13, 1975
The Regular Meeting of City Council was held on Monday, January 13, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Legates, Walls, Holpp, Hardcastle, Muir and Cullen. Councilman Harris was absent.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the Special Meeting of City Council held on December 30, 1974, were accepted and bore the written approval of Mayor Carroll.
RESOLUTION - ALFRED S. BIGGS
On motion of Mr. Hardcastle, seconded by Mr. Legates, Council adopted the following resolution.
WHEREAS, The Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Councilman Alfred S. Biggs, who departed this life on December 10, 1974, and
WHEREAS, Councilman Alfred S. Biggs was first elected to serve as a Dover City Councilman on February 11, 1963 and he served continuously thereafter until the time of his death, and
WHEREAS, the death of Alfred S. Biggs causes a loss not only to the Dover City Council, but to the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover express their regret at the death of their fellow councilman, Alfred S. Biggs, who departed this life on December 10, 1974.
2. That the Mayor and Council of the City of Dover extend their appreciation for the contribution made by Alfred S. Biggs as serving as a member of the important committees and as a member of Council since February 11, 1963.
3. That the Mayor and Council of the City of Dover extend their deepest sympathy to the widow and family of Alfred S. Biggs.
4. That the Mayor and Council of the City of Dover direct the Clerk of Council to make this resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Councilman Alfred S. Biggs.
ADOPTED JANUARY 13, 1975
REPORTS
Chief of Police Report for the month of November was accepted.
Building Inspector and Fire Marshal Report for the month of November was accepted.
City Planner Report for the month of November was accepted.
City Alderman Report for the month of November was accepted.
Cash Receipts, General Fund, for the month of November was accepted.
Budget Report, General Fund, for the month of October was accepted.
Cash Receipts, Electric Fund, for the month of November was accepted.
Budget Report, Electric Revenue, for the month of November was accepted.
Cash Receipts, Electric Improvement Fund, for the month of November was accepted.
City Manager’s Report for the month of November were accepted.
J. P. COURT #7 - NOVEMBER REPORT
A report for the month of November from J. P. Court #7 was presented. A check in the amount of $6,348.00 was received with deferred payments as of November 30, 1974 being $30,087.12. On motion of Mr. Walls, seconded by Mr. Hardcastle, Council accepted the report as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
A written report of the Legislative and Finance Committee was presented by Chairman Legates.
GROSS INCOME EXEMPTIONS ON ASSESSMENT - AGE 65
The Committee recommended to Council that the Delaware League of Local Governments Executive Committee be approached to encourage a change in the Delaware Law concerning the exemption of Social Security and Railroad retirement payments from gross income when applying for real estate tax exemption for persons 65 years of age. This is a law that would effect every municipality in the State. On motion of Mr. Walls, seconded by Mr. Legates, Council approved the recommendation of the Committee.
LEGISLATION TO REPEAL PORTIONS OF TITLE 19
The Committee was informed that legislation to repeal certain portions of Title 19 of the Delaware Code will be introduced in the General Assembly upon their return in January. The Committee feels that this is an attempt by the State to take over those powers presently given to elected officials of local government concerning the operation and policies of their own political subdivisions. It is the recommendation of the Committee that Council contact the Delaware League of Local Governments to explore the impact of such a change on municipalities and oppose this legislation if introduced. On motion of Mr. Cullen, seconded by Mr. Walls, Council voted for the recommendation of the Committee.
On motion of Mr. Holpp, seconded by Mr. Walls, Council accepted the report of the Legislative and Finance Committee as presented.
UTILITY COMMITTEE REPORT
A written report of the Utility Committee was presented by Chairman Holpp.
CONTRACT - BAKER OIL TRANSPORTATION COMPANY
The Utility Committee was informed by the City Manager that the contract with Baker Oil Transportation Company expires January 1, 1975. Due to the increased cost of operations, Baker’s new contract shows an increase of 11% or 1.27¢ per gallon compared to 1.14¢ per gallon on the old contract. The Committee recommends that Mr. James be authorized to renew the contract for 1975 at 1.27¢ per gallon. On motion of Mr. Legates, seconded by Mr. Walls, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, approved the recommendation of the Committee.
PURCHASE - DELMARVA POWER DISTRIBUTION AND TRANSMISSION LINES
The Committee recommended to Council that distribution lines, owned by Delmarva Power and Light, running from Diamond Ice Company across the Mifflin Tract to Kent Substation, be purchased for the sum of $6,030.70. Mr. James informed the members of Council that the lines and right of way will be used to carry the 69 KV lines from Unit #3 to Kent Substation and North Street switchyard. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, authorized the purchase of the lines and right of way.
AGREEMENT - EASTERN SHORE NATURAL GAS
An agreement received from Eastern Shore Natural Gas shows an increase from .89 MCF to 1.597 MCF delivered. The City Manager was informed by the Company that gas supply to McKee Run has been curtailed 100% but was told that the signing of the agreement would assure a gas supply to test Unit #3. Mr. James explained that this agreement is being signed for testing of Unit #3 only and is gas in storage and not from the pipeline. After completion of the test for the new unit at McKee Run, the price would revert back to the old contract barring any change in federal regulations. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, approved the signing of the agreement with Eastern Shore Natural Gas.
AGREEMENTS, PENN CENTRAL - RIGHT OF WAYS
The Committee considered four agreements from Penn Central, which supercedes all other agreements, involving right of way for the City’s distribution and transmission lines. The rental price for one (1) year amounts to $6,665 and involves approximately 6.5 miles of right of way. The Committee recommends the signing of these agreements. On motion of Mr. Legates, seconded by Mr. Cullen, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, approved the recommendation of the Committee.
On motion of Mr. Walls, seconded by Mr. Holpp, Council approved the written report of the Utility Committee as presented.
PUBLIC HEARING - 766 SOUTH STATE STREET - L.E.B. CORPORATION
A public hearing was duly advertised for this time and place to consider the rezoning of land located at 766 South State Street, owned by LEB Corporation, Dr. Rafael A. Zaragoze, equitable owner. Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning. The Planning Commission recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, approved the rezoning and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE DESIGNATION OF THE LAND LOCATED AT 766 SOUTH STATE STREET FROM RG-3 TO RG-0.
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 RG-3 to RG-0.
NOW, THEREFORE, BE IT RESOLVED 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 RG-3 to RG-0 on that property located at 766 South State Street, owned by L. E. B. Corporation and equitable owner being Dr. Rafael A. Zaragoza.
ADOPTED JANUARY 13, 1975
CONDEMNATION HEARINGS
A public hearing was duly advertised for this time and place for the purpose of consideration by Council on the condemnation of various buildings and dwellings as set forth by action of Council taken at its meeting of November 25, 1974 and so advertised. The following hearings were held.
1. Mayor Carroll declared the hearing opened on the property located at 537 South Governors Avenue, owned by Raymond Wilson. No one was present to speak on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Muir, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 547 South Governors Avenue.
2. Mayor Carroll declared the hearing open on the property located at 707 Slaughter Street, owned by Helen Hargrove. No one else was present and no correspondence was received on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, seconded by Mr. Holpp, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 707 Slaughter Street.
3. Mayor Carroll declared the hearing open on the property located on the corner of South New Street and Bank Lane, owned by James G. Maloney. A letter was read by Mr. Roe from James G. Maloney requesting that no action be taken by Council until January 15, 1975. He further advised that two perspective buyers of the property have been given until January 15, 1975 to consumate the sale of the property and Council would be so advised of the outcome. On motion of Mr. Holpp, seconded by Mr. Muir, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, recommended condemnation of the property as prescribed by City Ordinance unless advised of a consumated sale of same by Mr. Maloney.
4. Mayor Carroll declared the hearing open on the property located at 760 Slaughter Street, owned by Alfred Holland Estate. No one was present and no correspondence was received on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 760 Slaughter Street.
5. Mayor Carroll declared the hearing open on the property located at 418 North Street, owned by James G. Smith Estate. No one was present and no correspondence was received on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Muir, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 416 North District.
6. Mayor Carroll declared the hearing open on the property located at 416 North Street, owned by Mary Elizabeth Jolley. No one was present and no correspondence was received on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Muir, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 416 North Street.
7. Mayor Carroll declared the hearing open on the property located at 776 West North Street, owned by Anna Greenwood Estate. Mrs. Marie Johnson was present to request that Council delay any action on a decision to condemn until the heirs of the property can be located. Mrs. Johnson stated that the whereabouts of the various heirs is unknown to her at this time. Mayor Carroll asked Mrs. Johnson if she had personal interest in the property. Mrs. Johnson replied that her deceased husband was a son of one of three sisters mentioned in the will. It was her opinion that the heirs should be made aware of any pending action to condemn. Mayor Carroll explained that this was the purpose of the public hearing.
Mr. Roe, City Building Inspector, at this point showed slides of 776 West North Street for the benefit of Council and commented that the building violated almost every situation of the dangerous ordinance except section a.
The City Solicitor reported that according to his search the entire estate of Anna Greenwood was willed to Claude Johnson, deceased husband of Mrs. Marie Johnson. Mr. Rodriguez asked Mrs. Johnson if her husband had left a will and if he had any children. The reply was that he did have one daughter. The Solicitor stated that the daughter and Mrs. Johnson would be the interested parties in the will to inherit above mentioned estate.
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council tabled action on the property of the Anna Greenwood Estate, 776 West North Street, until the Council Meeting of January 27, 1975 by a roll call vote of six (6) yes and one (1) absent, Mr. Harris.
APPOINTMENT OF ELECTION OFFICIALS
Mayor Carroll appointed Councilmen Hardcastle, Muir, Harris and Cullen as the Election Officials for the coming election to be held January 20, 1975. On motion of Mr. Holpp, seconded by Mr. Hardcastle, seconded by Mr. Holpp, Council approved the appointments.
REPORT OF ELECTION PREPARATIONS
The City Clerk reported all arrangements for the coming election in readiness. Mr. Willis stated that eight (8) voting machines were reserved from the County and four (4) representatives from the County Election Board to be use as observers were hired. Nine registration books will be used with eighteen (18) clerks to verify registration of each voter.
REZONING REQUEST - THE HAMLET - LOTS 15 THRU 31
A request was received from J. V. DiSabatino, Inc., owner, to rezone lots 15 thru 31 The Hamlet, Walker Road and McKee Road, at the western end of Old Forge Drive. Prior to amending the zoning ordinance and zoning map a public hearing is required. On motion of Mr. Walls, seconded by Mr. Hardcastle, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, 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 property located at The Hamlet, Walker Road and McKee Road, western end of Old Forge Drive, lots 15 thru 31 inclusive, is presently zoned for R-8 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 February 10, 1975, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-8 to RG-3 that property located at The Hamlet, lots 15 thru 31 inclusive, owned by J. V. DiSabatino, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 13, 1975
REZONING REQUEST - 15 WILLIAM STREET AND 1 NORTH BRADFORD STREET
A request was received from Robert M. Duncan, owner, to rezone property at 15 William Street and 1 North Bradford Street. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by a roll call vote of six (6) yes and one (1) absent, Mr. Harris, 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 property located at 15 William Street/1 North Bradford Street is presently zoned for R-8 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 February 10, 1975, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-8 to RG-1 that property located at 15 William Street/1 North Bradford Street, owned by Robert M. Duncan.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 13, 1975
NATE COHEN - AD - LOWER DELAWARE GRIDIRON CLUB
A letter from Mr. Nate Cohen requested that the City of Dover subscribe to a full page ad, at the cost of $75.00, in behalf of the Lower Delaware Gridiron Club to help establish a scholarship fund for a worthy handicapped and/or needy student. On motion of Mr. Holpp, seconded by Mr. Walls, Council approved the ad and instructed the City Manager to prepare an ad.
ERNEST KEITH - WATER AND SEWER CHARGES - LOT 3 SOUTH FOX HALL ROAD
A letter from Ernest Keith requested that Council reduce the assessed cost of water and sewer lines at lot three (3) South Fox Hall Road since the property was to be used for a church development.
Since the letter was directed to Mayor Carroll, he replied in a letter to Mr. Keith that is has always been the policy of the City to assess front footage to all properties tying into the system. He further stated that bond monies are used to extend the system and that all users are treated alike including the numerous churches. The Utility Committee also upheld the policy of the City and no action was taken by Council.
ANNEXATION REQUEST - SOUTH STATE STREET - RECORDS REALTY COMPANY
A letter from Marjory E. Records and George M. Records requested that their property on the north side of US 13 and on the east side of William K. Frase at 1140 South State Street be considered for annexation. On motion of Mr. Legates, seconded by Mr. Walls, Council referred this matter to the Utility Committee for the purpose of researching the area and present their recommendations to Council.
STREET LIGHTING - LEGISLATIVE HALL AREA
A letter from John E. Babiarz, Secretary of the Department of Administrative Services, requested that the City review plans and specifications prepared by the State to maintain the street lighting system in the area of Legislative Hall. On motion of Mr. Walls, seconded by Mr. Holpp, Council referred this matter to the Utility Committee.
CHURCH OF GOD - MOBILE CHAPEL
A letter from Roy D. Collins of the Evangelism Board of the Church of God requested that Council permit a mobile chapel on lots 7, 8, 9, 10, 11 and 12, Block E, Dover Heights for twelve months to establish a permanent church site. Mr. Collins was present to speak in favor of the request and repeated the request to Council.
Mr. Roe, questioned by Mr. Legates, informed Council that a mobile chapel would have to go though a public hearing of the Planning Commission since a church is a conditional use that is permitted in any zone. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council referred this matter to the Planning Commission.
DR. ROBERT PARKER - PUBLIC SWIMMING POOL
A letter from Dr. Robert Parker of Wesley College to Mayor Carroll stated that since the City decided not to go ahead with plans for a Civic Center thought should be given to a public swimming pool, basketball courts and tennis courts. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council referred this matter to the Parks and Playgrounds Committee.
DR. ROBERT PARKER - TRIP EXPENSE - DOVER HIGH BAND
A letter from Dr. Parker thanked the City for the grant to defray expenses for the Dover High School Band to attend the Tall Cedars Charity Football Game in Annapolis. On motion of Mr. Legates, seconded by Mr. Walls, Council acknowledged receipt of the letter.
MRS. MAUDE HEARNE - SENIOR SURREY
A letter from Mrs. Maude Hearne thanked Council for making possible the operation of a Senior Surrey. Council expressed gratitude for this correspondence and on motion of Mr. Hardcastle, seconded by Mr. Muir, acknowledged receipt of same.
NATE COHEN - CONTRIBUTION IN BEHALF OF COUNCILMAN BIGGS
A letter from Nate Cohen advised that a contribution of $100 to the Robbins Hose Company in behalf of himself and wife was made to honor the memory of Councilman Biggs. Mayor Carroll informed Council that Robbins Hose had acknowledged receipt of the donation. On motion of Mr. Walls, seconded by Mr. Muir, Council acknowledged receipt of the contribution.
CAPITOL GREEN COMMUNITY CENTER - BUDGET REQUEST
Dr. Jesse Williamson, Chairman of the Capitol Green Community Center, sited financial difficulties of that organization due to a decrease in funding from the Episcopal and Methodist conference and private sources. Dr. Williamson outlined a budget request which amounted to $4,440. Other funds are being requested from the County. On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council referred this request to the Committee of Committees.
ORDINANCE - THE DOVER GREEN
Council considered an ordinance to restrict certain activities on The Dover Green. Mr. John E. Shade, 16 The Green, was present and asked to address Council. Mr. Shade stated that the people who live in the area have not had time to study the ordinance to determine what effect it would have on them. He felt that it would be extremely restrictive. Mayor Carroll explained that the ordinance was written to control group sports activities and no to hamper proper use by the citizens. Mr. Shade requested a delay in adopting the ordinance for purpose of study.
Mr. Gary Hindes also expressed a desire to delay action. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by a vote of four (4) yes and two (2) no, Messrs. Holpp and Cullen, and Mr. Harris, absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. It shall be unlawful for any person to make any use of The Dover Green unless such use is approved prior to making of such use by the City Manager of the City of Dover.
2. The term “use” as used in this Ordinance means any athletic event, play, exhibition, activity or any unlawful trespassing upon the area of The Green other than the normal use made by utilizing chairs or benches provided for The Green and a use attendant thereto.
ADOPTED JANUARY 13, 1975
ADVERTISE BALLOTS
The City Clerk informed Council that several requests had been received to advertise the ballot for the coming election. He asked Council’s opinion on spending the money for such a purpose. On motion of Mr. Cullen, seconded by Mr. Legates, Council moved that the City Clerk mail the ballot to the local papers to be printed as a public service.
DEMOLITION OF CONDEMNED HOUSES - BIDS
Mr. Roe informed Council that bids from Kent Construction, Henry Morris, George Cohout and Charles Patterson had been received for the demolition of condemned properties. On motion of Mr. Walls, seconded by Mr. Hardcastle, Council instructed Mr. Roe to accept the lowest bid on each property by a roll call vote of six (6) yes and one (1) absent, Mr. Harris.
Council adjourned at 9:15 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council at their meeting of January 13, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
23 January 1975