REGULAR MEETING
August 12, 1974
The Regular Meeting of City Council was held on Monday, August 12, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Legates, Walls, Holpp, Hardcastle, Muir, Harris and Cullen.
The invocation was given by Reverend Thorpe in the absence of the Council Chaplain, J. H. Williams.
MINUTES
The minutes of the regular meeting of City Council held on July 22, 1974, were accepted and bore the written approval of Mayor Carroll.
LEGISLATIVE AND FINANCE COMMITTEE
A written report of the Legislative and Finance Committee of their meeting of July 30, 1974, was presented by Chairman Legates. The Committee considered a request by Mr. Roe to allow Kling Associates to update the current city maps to a legible scale with the updating to continue as it becomes necessary. In addition, similar maps would be furnished for the zoning books with an estimate total cost of $9,000.00. The Committee recommended approval.
The Committee reported that the City Solicitor is presently researching ordinances throughout the country on cats with the help of Nimlo in Washington. As soon as an appropriate ordinance can be drawn it will be referred to the Committee for their study and deliberation.
Mr. Hayes made a request to the Committee that he be authorized to employ an assistant assessor at Grade G-15. The Committee recommended that the request be granted with the stipulation that the person taking the job be a property owner within the City of Dover.
Mr. Legates reported that due to a mathematical error a mistake exists in the Police Sergeants pay scale. Since the money is already in the budget it was the recommendation of the Committee that this mistake be corrected.
KLING - CITY MAPS
On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the recommendation of the Committee and authorized Kling Planners to commence the redrawing of City Maps at an estimated cost of $9,000. Motion carried.
ASSISTANT CITY ASSESSOR
On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the recommendation of the Committee and authorized the City Assessor to employ an Assistant Assessor at a pay grade of G-15 with the stipulation that said assessor be a property owner within the City. Motion carried.
POLICE SERGEANT - CORRECTED PAY
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council accepted the recommendation of the Committee to correct a mathematical error in the present pay scale of a Police Sergeant. Motion carried.
On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the written report of the Legislative and Finance Committee as presented.
ORDINANCE - PLAN FOR EMERGENCY OPERATIONS
On motion of Mr. Legates, seconded by Mr. Muir, 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. The City of Dover presently has no plans, ordinances or resolution providing for coordinated emergency operations in the event of a disaster or declared emergency.
2. The Mayor and Council deem it in the best interest of public health, safety and welfare to adopt an ordinance providing for coordinated efforts in the event of an emergency or disaster.
3. The Mayor and Council therefore adopt as an ordinance the Dover Emergency Operations Plan (DOVOP) which Plan provides for coordinated emergency operations throughout the City of Dover prior to, during, and after an emergency or disaster. The Plan provides for concepts and policies under which the City of Dover will operate during such emergency or disaster, which Plan shall be immediately in force and effect upon the adoption of this ordinance.
ADOPTED AUGUST 12, 1974
ONE WAY STREETS
Mr. Hardcastle stated that he was responsible for having One Way Streets made a part of the agenda. Mr. Roe reported that all studies and plans that was made in 1969 are now in the hands of Kling and will be used by them for their recommendations on al streets in the City including One Way Streets. On motion of Mr. Hardcastle, seconded by Mr. Walls, Council tabled action of one way streets until the plan was available from King. Motion carried.
CITY MANAGER - EFFECTS OF NEW ELECTRIC RATE
Mr. James, in his opening remarks, reviewed the causes and reasons that led to a 2.3 million deficit in the Electric Fund at the end of the fiscal year of 1973-74 resulting in a rate increase to the consumer. Labor problems that were incurred by suppliers of materials for construction of the plant, fuel shortages resulting in a 400% increase in cost of fuel during the year and the removal and reconstruction of a turbine foundation were sited as some of the reasons for the delay of the new plant going on the line. Mr. James explained that the plant was originally scheduled for completion in May 1974 but these delays coupled with the energy crisis caused a decrease in anticipated electric revenue. As a result, the bond holders’ consultant engineers directed that the City of Dover increase their electric rates to meet the Bond Covenant. The rates were devised to cover the 2.3 million deficit and a public hearing was held on June 10, 1974. The hearing was advertised on three different occasions in Wilmington and Dover papers explaining what was happening and why. Mr. James stated that contrary to what is being said, the new rate was designed to cover the deficit for the current year.
Mr. James then illustrated a typical residential electric bill using the new rate including the fuel adjustment compared to the old rate using 500 kwh as an example. Comparing the total bills resulted in a 22.8% increase.
One of the citizens, who packed the Council Chambers, stated that she was aware of cost increase due to inflation but could not understand why her home fuel oil had only doubled and the City’s oil had quadrupled, considering the bulk purchases of the City. Mr. James informed her that McKee Run Plant burns Bunker C Oil which is a very low grade but added that one year ago this oil was $3.00 per barrel and the price increase throughout the year peaked to approximately $12.00 per barrel. At present, the City is paying $11.20 per barrel. The citizen stated that she had heard the City of Dover Electric Revenue was used partially to hold property tax down and what portion of the Electric Revenue was used for this purpose. She stated that she would prefer to pay a higher real estate tax which would be deductible on her federal income tax. Mr. James stated that a portion of the Electric Revenue did go into the General Operating Budget of the City, specifically $500,000 per year. The General Operating Budget of the City, this year is $4,000,000 and the operating budget for the Electric System in round figures is $14,000,000. He went on to explain that certain administrative items were performed that relate directly to the electric department but not necessarily by electric department personnel. This is allowable under the bond covenant.
Many citizens were present to discuss their personal electric bills. Mayor Carroll stated that this was an impossible task and if these people would go to the lobby, city personnel would take their names and account numbers and note any questions. A complete explanation would be mailed as soon as the figures could be compiled. If this explanation was not satisfactory further details would be furnished either by phone, mail or during the day at City Hall.
A citizen stated that he felt that the representatives of the citizenry were present to get some satisfaction related to what could be done to reduce the present electric rates. He did not feel that this had been accomplished thus far. Mayor Carroll expressed his concern on this subject as well as Council’s and especially Mr. James. Therefore, a re-evaluation would be made each month by the City’s consultants to determine if the income from the increased rates would exceed the 2.3 million deficit. If it is determined that the income resulting from the increased rate exceeds the amount needed to overcome the deficit, providing that any additional cost would warrant same, Mayor Carroll assured everyone present that Council and himself would be the first to instigate action to adjust the rates accordingly.
A citizen of the group asked if it would be beneficial for the City to print in a newspaper the pros and cons of selling the power plant taking into consideration the cost, etc. Mayor Carroll stated that this would depend on whether the Council felt that it would be feasible to sell the power plant but if an individual group wished to take an exception to the position of the City, that group is at liberty to do anything in their power to prove that the City Officials are wrong.
Numerous citizens were present with questions pertaining to the rate structure, fuel clause and pertinent questions on their personal electric bills.
PUBLIC HEARING - LUNA I. & HATTIE MISHOE
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Jason Street, College Road and Water Street, consisting of lots 179 to 183 inclusive and lots 153 to 155 inclusive, owned by Luna I. & Hattie Mishoe. Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning and no correspondence. The Planning Commission tabled action on the rezoning. Mr. Legates inquired why the Planning Commission tabled action on the rezoning. Mr. Roe stated that the Planning Commission tabled action due to the location of the land and requested that the architect, Mr. Hamilton, provide test borings to see if the land was suitable for apartments and single family housing as it appeared to be in the wetlands of the preliminary comprehensive plan. The Planning Commission desired that Council table any action on the rezoning until they had time to evaluate Mr. Hamilton’s information. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Legates, Council by unanimous roll call vote, tabled action on the rezoning until a recommendation from the Planning Commission was available.
PUBLIC HEARING - LUNA I. & HATTIE MISHOE
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Jason Street and Grove Street consisting of lots 189 to 194 inclusive, owned by Luna I. & Hattie B. Mishoe. Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning and no correspondence. The Planning Commission tabled action on the rezoning due to the location of the land and requested that the architect, Mr. Hamilton, provide test borings to see if the land was suitable for apartments and single family housing. The Planning Commission desired that Council table any action on the rezoning until they had time to evaluate Mr. Hamilton’s information. Mayor Carroll declared the hearing closed. Mr. Hardcastle asked if Mr. and Mrs. Mishoe had been informed that the Planning Commission asked that action on the rezoning be tabled by Council. Mr. Roe replied yes and that Mr. Hamilton and representatives of Mr. Mishoe are supposed to have this information available for the Planning Commission on August 19 and if suitable Council could remove the request from the table at their meeting of August 26. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous roll call vote tabled action on the rezoning.
PUBLIC HEARING - PAUL J. AND DOROTHY J. ALLIF
A public hearing was duly advertised for this time and place to consider the rezoning of land located at 6 South Street owned by Paul J. and Dorothy J. Allif, equitable owner John L. Steven and Assigns. Mayor Carroll declared the hearing open. Mr. L. D. Shank of Records Realty was present to speak for the rezoning along with Mr. Stevens, Jr. Mr. Shank respectfully requested that the rezoning be approved. Mr. Harris asked if there wasn’t a question concerning adequate parking. Mr. Shank replied that Mr. Harris was correct and that it now lies in the City’s hands and Mr. Roe’s office for a Certificate of Occupancy. Further he stated, that if they could not fulfill the parking requirements they would not be permitted to occupy the building. Mr. Shank said that they had made provisions for the parking and felt that it could be overcome. Mr. Harris asked what information Mr. Row had. Mr. Roe replied that basically he had the same information that he had advised the Planning Commission that before he could issue a C of O the proper parking spaces would have to be acquired or they could not occupy the building even through the requested rezoning was granted. Mr. Shank stated that there was land available in the alley for parking and negotiations were going on with the Baptist Church and Dr. Zurkow for their respective parking facilities. Mr. Shank stated that a private clubs of this type in metropolitan areas have no off street parking. This would be a private business men’s club. Mayor Carroll asked Mr. Shank if in the event the property was rezoned and put to the use as proposed is there any thought that he or the club owners would be coming to the board of adjustment for parking exceptions. Mr. Shank stated not on said property but most definitely if their plans on parking across the street did not develop.
Mr. Jerry Sapienza was present and asked why the rezoning was being granted without some resolution of the parking problem. Mr. Shank answered that they have a source of parking, specifically the Baptist Church, but they wanted to get the zoning settled before negotiating with them. Mr. John Stevens, an owner, stated that it was difficult to negotiate for parking with the owners who have the space until the zoning was granted. Mr. Sapienza asked what additional uses would be added by a zoning of I0. Mr. Roe read the code and uses under an I0 Zoning. Replying to a question by Mr. Sapienza Mr. Roe stated that this property was not in the historical zone since the boundary was the east side of State Street. A citizen asked how many members the club would have and Mr. Stevens answered approximately 300. In closing Mr. Sapienza requested that Council defer action until the results of Kling Associates is available.
The Planning Commission recommended approval of the rezoning. There was no correspondence. Mayor Carroll declared the hearing closed. Mr. Legates made a motion, seconded by Mr. Biggs to defer action on the rezoning until the results of the Kling Study was available. Mr. Roe stated that he did not believe that Kling would address themselves to a specific problem of this nature in their report. Mr. Hardcastle requested that Mr. Legates withdraw his motion on the basis of Mr. Roe’s statement. Mr. Legates withdrew his motion and Mr. Biggs withdrew his second.
On motion of Mr. Holpp, seconded by Mr. Harris, Council by a roll call vote of sic (6) yes and one (1) no, Mr. Cullen, voted to table action on the rezoning.
CANCER PROCLAMATION
WHEREAS, the United Cancer Institute of Bayside, New York is an institution dedicated to advising the public concerning the environmental factors that cause cancer in humans in an attempt to combat the spread of the disease; and
WHEREAS, the United Cancer Institute has asked the Nation to recognize September 8, 1974 as National Cancer Week.
NOW, THEREFORE, BE IT PROCLAIMED, BY Crawford J. Carroll, Mayor of the City of Dover:
1. That the City of Dover will recognize the week commencing September 12, 1974 as National Cancer Week.
2. That the residents of the City of Dover are asked to participate in the program sponsored by the United Cancer Institute in an attempt to better inform the residents of the environmental factors that cause cancer and in an attempt to prevent and control the environmental factors which cause the disease.
ADOPTED AUGUST 12, 1974 CRAWFORD J. CARROLL
MAYOR, CITY OF DOVER
ORDINANCE - 18 YEAR OLD VOTING
An ordinance allowing persons 18 years old to vote in municipal elections was presented to Council for their approval. Mayor Carroll stated that although the City had been honoring this law, Nimlo had not made a correction in the City’s official ordinances. On motion of Mr. Hardcastle, seconded by Mr. Walls, Council by unanimous roll call vote passed the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Charter of the City of Dover shall be amended to lower the voting age requirement from twenty-one years to eighteen years in all municipal elections as provided in #8 (d) of the Charter and in any other part of the Charter.
2. That the City Clerk shall present to a member of the General Assembly the necessary amendment to the Charter to be acted upon by the General Assembly.
ADOPTED AUGUST 12, 1974
At this point Mr. Legates asked the Clerk to draw up a resolution in reference to six police officers who graduated from Delaware Technical Community College to be presented at the August 26, 1974 Council Meeting.
REZONING REQUEST - NLS CORPORATION
A request was received from NLS Corporation to rezone land on the southerly side of Walker Road and North of Route 8 known as the Pine Grove Farm. On motion of Mr. Legates, seconded by Mr. Biggs, 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 property located on the southerly side of Walker Road, north of Route 8 (Pine Grove Farm) is presently zoned for RG-2 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 9, 1974, at 8:00 P.M. on a proposed amendment to the Zoning Map that would rezone from RG-2 to RG-3 that property located on the southerly side of Walker Road, north of Route 8, (Pine Grove Farm) owned by NLS Corporation, a Delaware Corporation.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 12, 1974
DOVER HOUSING AUTHORITY - RESOLUTION REQUEST SECTION 23 - HUD
A letter was received from Mrs. Iva Tazelaar of the Dover Housing Authority requesting that Council pass a resolution adopting HB 7431.1 on Section 23 Housing. Mrs. Tazelaar was present and explained Section 23 basically as resolutions that allow a person to find existing housing from individual land owners and then apply to the Housing Authority. If the applicant is eligible the government then rents the home from the owner. Mrs. Tazelaar stated that she would be attending a meeting on Wednesday, August 14, where Section 23 will be explained in detail. Mr. Legates asked if waiting until she attended this meeting would be delaying action on the resolution too long. He stated that he would rather use the benefits of Mrs. Tazelaar’s wisdom when returning from the meeting in Philadelphia. A report could be presented to Council at the next meeting of August 26 or at a Committee meeting. Mayor Carroll suggested that a resolution be proposed with the contents of Section 23 spelled out when presented to Council at a future date. Mrs. Tazelaar will meet with the Legislative and Finance Committee after the Philadelphia meeting. Mayor Carroll stated that Council will acknowledge receipt of the letter from Mrs. Tazelaar and wait for the recommendation of the Committee.
DOVER PARKING AUTHORITY - TREE INTERFERENCE - BRADFORD STREET LOT
A letter was received from Mr. William Manter, Treasurer of the Dover Parking Authority, asking the City’s assistance in respect to trees that are interfering with neighborhood electric lines. Council referred this matter to the City Manager’s Office.
MT. ZION M. E. CHURCH - FESTIVAL REQUEST
A letter was received from Mrs. Sarah Young of the Mt. Zion M. E. Church requesting permission to hold a one day festival on a vacant lot, August 17, 1974 for the benefit of two local churches. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council voted to grant permission for the festival with the stipulation that all activities be coordinated with the Office of the City Manager, the Police Department and the Fire Marshal. Motion carried.
CENTRAL DOVER BUSINESS ASSOCIATION - REMOVAL OF PARKING SPACES
A letter from the Central Business Association requested that a parking meter on the southeast corner of Loockerman and Governors Avenue in front of Maags store be removed to aid the Robbins Hose Company in turning the corner during an alarm. On motion of Mr. Harris, seconded by Mr. Walls, Council referred the matter to the Safety Advisory Committee. Motion carried.
L. LEE LAYTON, JR. ELECTRIC RATES
A letter was received from Mr. L. Lee Layton, Jr. pointing out the electric rates and suggesting that McKee Run burn coal which would in turn aid the railroads. On motion of Mr. Cullen, seconded by Mr. Biggs, Council acknowledged receipt of te letter. Motion carried.
ROBERT H. TUDOR - WATER MAIN ASSESSMENT
In a letter to Mayor and Council, Mr. Robert Tudor stated that he had received a special assessment bill for 855 feet of water main installed in front of his property on the south side of the South Little Creek Road. Mr. Tudor stated that only 640 feet of main was installed when inquiring with Mr. Joseph and Mr. James he was told that this was a policy enacted by Council and was a City Ordinance. The ordinance being that improvements such as sewer, water or sidewalks are based on the front footage of the property involved according to the post office address. On motion of Mr. Muir, seconded by Mr. Legates, Council acknowledged receipt of the letter and directed that Mr. Tudor be notified that the policy of the City of Dover was properly stated by Mr. James and that Council upheld this policy.
NEW JERUSALEM BAPTIST CHURCH REQUEST - OUTDOOR FESTIVAL
A letter was received from Rev. C. B. Holmes of the New Jerusalem Baptist Church requesting permission to hold an outdoor festival on the corner of Queen and Mary St. September 21, 1974. On motion of Mr. Legates, seconded by Mr. Biggs, Council granted permission for the festival with the stipulation that all activities be coordinated with the Office of the City Manager, the Police Department and the Fire Marshal. Motion carried.
MR. HARRIS
Mr. Harris stated that sometime in the past Council had approved a park area in the development known as the Hamlet. Part of the developer’s agreement was work they were to accomplish on a drainage ditch in the area. Mr. Harris stated that it appeared that the developer was not living up to this agreement and suggested that Mr. Roe not issue any certificate of occupancy for this development until work on the drainage ditch at least had begun. Mr. Harris presented the above as a motion to Council. The motion was seconded by Mr. Hardcastle and carried. Mr. James stated that this was brought to the attention of the developer about two weeks ago. He assured Mr. James that work would start on the drainage immediately.
MEETING ADJOURNED 11:40 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of August 12, 1974 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
AUGUST 20, 1974