REGULAR MEETING
March 26, 1973
The regular meeting of City Council was held on Monday, March 26, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Hayes, Holmes, Holpp, Legates, Muir and Walls. Councilman Harris was absent.
MINUTES
The minutes of the regular Council meeting of March 12, 1973 were accepted and bore the written approval of Mayor Carroll.
J. P. COURT #7 REPORT
The monthly report of the J. P. Court #7 for the month of February was presented to Council attached to a check in the amount of $6,974.49. Deferred payments due the City of Dover as of February 28, 1973 amount to $29,195.37. On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the report as presented.
SURPLUS EQUIPMENT - WAREHOUSE
The City of Dover has accumulated excess and surplus equipment at the warehouse facility and the City Manager has asked permission to hold an auction to dispose of this equipment. It has been suggested that the Auction be advertised and held on April 28, 1973. On motion of Mr. Holpp, seconded by Mr. Walls, Council authorized the abovementioned auction and directed that it be so advertised.
DOVER MODERN MATURITY CENTER
A letter was received from the Dover Modern Maturity Center asking the City of Dover’s help in solving some of the problems and needs of the center. Mr. Robert A. Bonniwell, Executive Director, introduced Mr. Paul O’Brien, who in turn, addressed Council about the needs of the center and their request to Council. They were asking Council to consider one of three options to help meet their current needs. The three options were (a) a $10,000 donation by the City to be used toward the purchase or construction of a new building, (b) the construction of a building by the City to be leased to the Center for 99 years and (c) the donation of a piece of land of approximately one (1) acre in size. They stated that they are presently in very cramped quarters and are in need of larger and more complete facilities. Mr. Thomas Weyant, Kent County Director of Aging, was also present and spoke to the Council on behalf of the Center and the hope that the City might find a way to help them. On motion of Mr. Holpp, seconded by Mr. Legates, Council referred this request to the Committee of Committees for their study and recommendation.
CONTRACTS - UNIT #3
Bids were received on March 21, 1973 for Motor Control Centers for Unit #3. Nine (9) bids were received with the low bidder being Westinghouse Electric Company at the bid price of $33,600. It is the recommendation of Laramore, Douglass & Popham to accept the low bid. On motion of Mr. Holpp, seconded by Mr. Walls, Council awarded the contract for the Motor Control Centers to the low bidder, Westinghouse Electric Company, at the bid price of $33,600.
Bids were also received on March 21, 1973 for Electrical Control Boards for Unit #3. Three (3) bids were received with the low bidder being Frank Electric at the bid price of $52,998. It is the recommendation of Laramore, Douglass & Popham that the award be made to the low bidder. On motion of Mr. Walls, seconded by Mr. Holpp, Council awarded the contract for the Electrical Control Boards to the low bidder Frank Electric Company at the bid price of $52,998.
EXECUTIVE SESSION
At this time the Council recessed for an Executive Session and reconvened at 9:05 PM.
UTILITY COMMITTEE REPORT
A written report of the Utility Committee meeting held on March 13, 1973 was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Holmes, Council accepted the report as presented.
CHARLES WALLS WATER LINE
A request was received from Mr. Charles Walls for permission to tap into an existing water line which was installed by Mr. Walls across their property some years ago after received approval of Council. The Utility Committee has recommended permission be granted for an additional tap to be made in this line be Mr. Walls. On motion of Mr. Biggs, seconded by Mr. Legates, Council approved the recommendation of the Utility Committee.
NEHI BOTTLING COMPANY
The Nehi Bottling Company has constructed a new plant outside the City limits and at the present time has no place to dispose of the rinse water used in their operation. The estimated gallonage is between 5,000 and 8,000 gallons per day. They have a large tank truck and they have requested permission to discharge the rinse water into the City of Dover sewer system at the treatment plant. This discharge has no solid waste, and very little bacteria count. It is the recommendation of the Utility Committee that permission be granted the Nehi Bottling Company and the they be billed for this service at a rate recommended by Albright & Friel in their recent report to Council. On motion of Mr. Legates, seconded by Mr. Muir, Council approved the above recommendation of the Utility Committee.
1,000,000 GALLON WATER TANK
The Utility Committee has recommended the City Manager be authorized to put out to bid a new 1,000,000 gallon water tank to be constructed on the north side of McKee Run Generating Station, this tank being necessary prior to the operation of the new Unit #3. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote directed the City Manager to advertise for bid for the construction of the abovementioned water tank, the bids to be returned to Council for their award.
ELECTRIC POWER RESEARCH INSTITUTE
The Utility Committee has recommended that the City of Dover participate in the Electric Power Research Institute. This is a nation wide program that will provide services to all utilities, investor-owned as well as municipals and REA. This program is sanctioned by the APPA. The annual conference of the APPA is being held this year in New Orleans from May 14 through May 16. The Utility Committee further recommends that the City Manager and any members of Council who wish to attend this conference be so authorized. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved both of the aforementioned recommendations of the Utility Committee.
SEWER & WATER CHARGES - OUTSIDE CITY LIMITS
Albright & Friel has prepared a report concerning charges of sewer and water service outside the City limits. The courts have recently stated that the City must serve sewer and water to residents outside the City limits where these services now front their property. The report has recommended charges for providing this service. City Solicitor Rodriguez has stated that the charges recommended in the report would apply to any subsequent service that would be provided by the City, but that the charges that were in existence in 1968 must be applied to the case that is pending before the courts, the case of Delmarva Enterprises, Inc., and Peter and Patricia Schaffer. On motion of Mr. Holpp, seconded by Mr. Legates, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following change in the City of Dover policy, pertaining to the sewer and water service outside the City limits; (a) Council accept the Albright & Friel, Inc., report for all applicants for sewer and water outside the city limits on existing lines on South Governors Avenue to Webbs Lane and (b) for the case in Court, the City will apply the existing policy of the City of Dover as it existed in 1968 insofar as furnishing of sewer and water outside the City limits.
DOVER LITTLE LEAGUE -
A request was received from the Dover Little League for a contribution of $5,000 to help defray the cost of improvements and operations of the Dover Little League for the coming season. On motion of Mr. Hayes, seconded by Mr. Holpp, Council referred this request to the Park Committee for their study and recommendation.
CAPITOL BROADCASTING COMPANY
A letter was received from the Capitol Broadcasting Company (Station WKEN) protesting the $200 per year license fee they must purchase to operate in the City of Dover. They also stated that they were unaware that the City was going to include broadcasting stations under the licensing schedule and they weren’t given the opportunity to speak to the City in this regard. On motion of Mr. Hayes, seconded by Mr. Legates, Council acknowledged receipt of the letter and directed the Clerk of Council to so notify the Capitol Broadcasting Company that their request for reduction in license fee was denied.
HUMAN RESOURCES COALITION
The Human Resources Coalition will meet on March 28, 1973 at 7:30 PM at Delaware State College. A letter was received asking that the City of Dover have a representative at this meeting. Mayor Carroll stated that he would be unable to attend. On motion of Mr. Legates, seconded by Mr. Biggs, Council requested that a representative of the City Manager’s Office attend on behalf of the City of Dover.
MEYER-LEPORE CONDEMNATION
A resolution has been proposed to permit the City Solicitor to proceed with the condemnation of the right-of-way for a street through the properties owned by Harry Lepore and Christina Meyer. On motion of Mr. Legates, seconded by Mr. Holpp, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’ adopted the following resolution.
RESOLUTION
WHEREAS, the City of Dover has deemed it desirable to build a street connecting North State Street and U.S. Route 13 between properties of Lepore and Meyer and it has been unable to acquire the necessary land for the street by voluntary agreement with the owners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the City Solicitor is authorized and directed to proceed with a condemnation action to condemn the right of way for a street connecting North State Street and U.S. Route 13 between the properties owned by Harry Lepore and Christina Meyer in accordance with the plans and specifications for the same furnished by the City Manager.
ADOPTED MARCH 26, 1973
EDWARD J. TROISE REZONING
A request has been received to rezone land owned by Edward J. Troise located on Lafferty Lane. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Walls, seconded by Mr. Legates, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on Lafferty’s Lane is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map.
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 Annex on April 23, 1973 at 8:00 PM on a proposed amendment to the Zoning Map and Zoning Ordinance of the City of Dover that would rezone from R-20 to M that property located on the northside of Lafferty’s Lane, owned by Edward J. and Evelyn Troise, and containing approximately 38.23 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 26, 1973
COUNCIL ADJOURNED AT 9:35 PM
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of March 26, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
March 27, 1973