REGULAR MEETING
August 26, 1974
The Regular Meeting of City Council was held on Monday, August 26, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Legates, Walls, Holpp, Muir, Harris and Cullen. Councilman Hardcastle was absent.
The invocation was given by Reverend Thorpe in the absence of the Council Chaplain, Reverend J. H. Williams.
MINUTES
The minutes of the regular meeting of City Council held on August 12, 1974, were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police Report for month of July was accepted.
Building Inspector and Fire Marshal Report for month of July was accepted.
Mr. Harris inquired of Mr. Roe as to what the situation is at the Hamlet and if there had been any changes. Mr. Roe replied that the developers have met with Mr. James and that work had began on the ditch and is proceeding according to instructions.
City Planner Report for month of July was accepted.
City Alderman Report for month of July was accepted with fines in the amount of $672.00 remitted.
Cash Receipts, General Fund, for month of July was accepted.
Budget Report, General Fund, for month of June was accepted.
Cash Receipts, Electric Revenue Fund, for month of July was accepted.
Cash Receipts, Electric Improvement Fund, for month of July was accepted.
City Manager’s Report for month of July were accepted.
AMERICAN PUBLIC POWER ASSOCIATION - THREE DAY SEMINAR
The American Public Power Association is holding a three day seminar for city managers and finance directors on the rate structure and accounting and bonding requirements for municipally owned power systems. It is the request of the City Manager, Mr. James, that he and Mr. Karia be authorized to attend. On motion of Mr. Muir, seconded by Mr. Legates, Council granted permission for Mr. James and Mr. Karia to attend the seminar given by the APPA.
AWARD OF CONTRACT OF DISTRIBUTION AND TRANSMISSION LINE
Mr. James stated that the awarding of the contract for distribution and transmission lines is part of the expansion program at McKee Run. However, bids were taken and after being analyzed by the engineers I find that today there are some serious discrepancies in some of the items as opposed to the specifications and for that reason Mr. James asked that it be deferred until the next Council meeting. On motion of Mr. Muir, seconded by Mr. Cullen, Council abided by Mr. James’ request and deferred action until the next Council meeting.
DAVE SYSTEMS REPORT
Mr. James gave each of the Councilmen a copy of the DAVE Systems Report on the Senior Surrey. The results were of actual riding and person to person interviews. It shows that the service is very well received and that the elderly of the City of Dover feel that the City has really done something for them.
EXECUTIVE SESSION
Mr. James requested that at the adjournment of the Council meeting an Executive Session be convened so that certain litigation could be discussed. Mayor Carroll having received no objections, stated that the session would be called immediately after the meeting was over.
J. P. COURT #7 JULY REPORT
The monthly report for the month of July from J. P. Court #7 was presented. A check in the amount of $7,642.67 was received with the deferred payments as of July 31, 1974, being $31,742.31. The June deferred payment figure is still not available. On motion of Mr. Biggs, seconded by Mr. Cullen, Council accepted the report as submitted.
LEGISLATIVE AND FINANCE COMMITTEE
A written report of the Legislative and Finance Committee was submitted by Chairman Legates. On motion of Mr. Walls, seconded by Mr. Harris, Council accepted the report of the August 23, 1974, meeting as submitted.
SECTION 23 - UNITED STATES HOUSING ACT OF 1937 - RESOLUTION
Mrs. Iva Tazelaar, Dover Housing Authority, was present at the Legislative and Finance Committee meeting for the purpose of explaining to the Committee Section 23 of the United States Housing Act of 1937 as amended and the proposed resolution which the Housing Authority is requesting the City to adopt. It is the recommendation of the Committee that after hearing Mrs. Tazelaar’s presentation, that the City adopt this resolution and forward it to the Dover Housing Authority for their submission to the appropriate federal agency. On motion of Mr. Walls, seconded by Mr. Cullen, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Hardcastle, approved the recommendation of the Committee and adopted the following resolution.
WHEREAS, under the provisions of Section 23 of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development, is authorized to provide financial assistance to local public housing agencies in providing low-rent housing by leasing dwelling units in existing privately-owned structures; and
WHEREAS, said Section 23 provide that the provisions thereof shall not apply to any locality unless the governing body of the locality has by resolution approved the application of such provisions to such locality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, KENT COUNTY, DELAWARE, AS FOLLOWS:
That the application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to City of Dover, Kent County, Delaware, is approved.
ADOPTED AUGUST 26, 1974
THEATRE GUILD
A request was received from the Theatre Guild for exemption of their property on Roosevelt Avenue from the payment of real estate taxes to the City of Dover. This request was made to the Committee last year and was denied and it is the recommendation of the Committee that last year’s action be reaffirmed and that the request again be denied. On motion of Mr. Holpp, seconded by Mr. Muir, Council accepted the recommendation of the Legislative and Finance Committee and denied the request for tax exemption by the Theatre Guild.
DELAWARE LEAGUE OF LOCAL GOVERNMENTS - DIRECTOR PROGRAM
Mayor Carroll stated that this was an action taken initially by Council three years ago by allotting $5,000 per year for three years to the League for the office they maintain and the uses of their services. Mr. Harris questioned if this item was already appropriated into the budget. Mr. James stated that it was not as a separate item but could be taken from the donation allotment. It was stated that the City’s contribution is approximately 1/5th of the total budget of the League. On motion of Mr. Harris, seconded by Mr. Muir, Council approved the appropriation of $5,000 for this fiscal year. Mr. Legates requested that when Mayor Carroll attends the executive session of the League that eh feelings of the Council concerning the revamping of the dues or billing would be in order. Mayor Carroll stated that the Executive Director was already aware of this and that the matter was being looked into with great detail.
POLICE RESOLUTION
On motion of Mr. Biggs, seconded by Mr. Legates, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Hardcastle, adopted the following resolution commending the six police officers on their graduation from the Delaware Technical and Community College. Mr. Legates requested that a copy be forwarded to the Police Department to be hung in a proper place for all to see and that a copy will also be given to the officers and put into their personnel file. Mayor Carroll assured him that this would be done.
WHEREAS, Capt. Joseph A. Klenoski, Lt. Lyle M. Baltrusch, Sgt. Thomas M. Breazeale, Sgt. William R. Staats, Pfc. Martin F. Stallings and Pfc Robert L. Bates have attended and successfully graduated from the Delaware Technical and Community College, and
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 want to extend their appreciation to Capt. Joseph A. Klenoski, Lt. Lyle M. Baltrusch, Sgt. Thomas M. Breazeale, Sgt. William R. Staats, Pfc. Martin F. Stallings and Pfc Robert L. Bates for their successful participation and graduation from the Delaware Technical and Community College.
2. That the Mayor and Council of the City of Dover feel that by furthering their education in this regard these officers and members of the Dover City Police Department will be able to make a much more meaningful contribution to the Police Department and will be more qualified and better able to serve the residents of the City of Dover as they have served so faithfully in the past.
3. That this Resolution shall be made a part of the permanent records of the City of Dover.
ADOPTED AUGUST 26, 1974
FRIENDS OF OLD DOVER
A letter was received from Mr. G. Daniel Blagg, Chairman of the Bicentennial Committee of the City of Dover, concerning several possible programs and ideas for the upcoming two hundredth anniversary of the American Revolutionary War. One such idea was the use of city-owned land along the St. Jones River from Silver Lake to Loockerman Street. It was felt that this tract would be ideal for a pathway which would connect the present developed park area at Silver Lake with the attractive area around Mirror Pond. On motion of Mr. Harris, seconded by Mr. Cullen, Council referred this matter to the Parks, Playgrounds and Trees Committee and stipulated that an invitation be extended to this group to be present when the matter is discussed at the meeting.
TEMPORARY MOBILE HOME REQUEST - P. GARY WARD
A request was received from Mr. P. Gary Ward to temporarily place a mobile home on the vacant Robino lot across from the Reilly Brown School on Webb’s Lane. This mobile home would be used by Mr. Ward as a campaign office and will be removed from the premises by November 10, 1974. It has been the policy of the City, in the past, to approved these requests if they are in concurrence with the City Managers Office and the Building Inspector. On motion of Mr. Legates, seconded by Mr. Muir, Council granted approval of the request.
G. T. SAPIENZA - PROPOSALS TO REZONING OF 6 SOUTH STATE STREET
Mr. G. T. Sapienza addressed a letter to Council stating his opposition to the proposed rezoning of the property located at 6 South State Street. Some of the reasons listed were undesirable and inappropriate use of the area, severe parking problems and possible destruction of the Crawford House for some other use, such as a restaurant-motel-hotel facility. He requested from Council that he be notified when further action on the proposed rezoning would be taken. On motion of Mr. Harris, seconded by Mr. Muir, Council acknowledged receipt of the letter and directed that a copy be forwarded to the Planning Commission.
ANDREA L. BARROS - PROPOSALS FOR ELECTRIC RATE SITUATION
A letter proposing two possible ways of alleviating the increased electric rates for the consumer was submitted by Mrs. Andrea L. Barros. The two proposals were: (1) Utility Council Members made up of people out of the corporate limits but still on City electric to insure representation of those outside the limits who now are not represented by Councilmen; and (2) Budget Plan such as now is set up for people with electric heat but would be open to those citizens who are hit with high summer bills due to air conditioning usage. On motion of Mr. Legates, seconded by Mr. Holpp, Council referred the matter to the Utility Committee. Mr. Legates requested that also when the proposals are studied by the Committee that they consider the feasibility of the citizen council and the possible refinancing of the bond issue.
TRAILER REQUEST - JAMES STRONG
A request was received from Mr. William C. Wagner, II, representing Mr. James Strong, to be put on the agenda for discussion on placing a trailer in the City limits. It is the policy of the City that unless a trailer goes in a trailer park, trailers are not allowed on a vacant lot. Since no specific location was stipulated in the letter, it was the motion of Mr. Harris, seconded by Mr. Walls, that the matter be referred to Mr. James for his office to inquire into the particulars. Motion carried.
AMSTEL CORPORATION REZONING
A rezoning request was received from Amstel Corporation to rezone property, known as the Richardson Tract, located on Walker Road from R-20 and RG-3. On motion of Mr. Legates, seconded by Mr. Harris, Council referred the rezoning to the Planning Commission, set the public hearing for September 23, 1974 and adopted the following resolution.
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 known as the Richardson Tract located on Walker Road is 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 September 23, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to R-8 and RG-3 that property located on Walker Road, known as Richardson Tract, equitable owned being Amstel Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 26, 1974
NATIONAL LEAGUE OF CITIES CONVENTION
The National League of Cities is having their convention in Houston, Texas the first week in December. This requires that the councilmen desiring to go turn in their reservations shortly. Mayor Carroll and Councilman Holpp are planning to go and Mayor Carroll urged the others to attend this convention as a worth while trip and a good chance to meet other councilmen and mayors. The City Manager’s Office will handle reservations concerning the convention.
DR. POWELL - CAPITAL SCHOOL DISTRICT
Dr. Powell addressed Council with the problems that the Capital School District is faced with this fiscal year that the Council might help alleviate. They are the increased rates on electric which is cutting into their budget deeply; the possible installation of a traffic light at Salisbury and Walker Roads; traffic problem on Salisbury and Kenton Road in front of Carlisle Gardens; and the drainage ditch at Richardson Tract. No solutions were desired tonight but Dr. Powell just wanted to make the Council aware of these problems and ask for their help in any possible way. Dr. Powell also thanked Mr. James and Mr. Roe for all their help and cooperation in the past and for the good working relationship that they share. Mayor Carroll suggested that Dr. Powell compose a letter with the priorities stated that the Council can go over and refer to the various committees for solutions.
COUNCIL ADJOURNED AT 8:25 P.M.
An Executive Session convened at 8:30 P.M. and adjourned at 9:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council at their meeting of August 26, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
AUGUST 28, 1974