REGULAR MEETING
May 24, 1971
The regular meeting of City Council was held on Monday, May 24, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. Ellis Horton of the Nazarene Church.
MINUTES
The minutes of the regular meeting of City Council held on May 10, 1971 were accepted and bore the written approval of Mayor Carroll.
J.P. COURT #7 MONTHLY REPORT
A report of the J.P. Court #7 for the month of April was received and accepted by Council, accompanied by a check in the amount of $8,997.55.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on May 19, 1971 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Coyle, Council accepted the report as presented.
TAX DISCOUNTS
A request was referred to the Legislative & Finance Committee concerning tax discounts that have not been taken when bills are paid during the month of May. A large tax payer who has paid their taxes during the month of May, 1970 failed to take the discount and is now requested a refund. The recommendation of the Committee is that refunds be made to tax payers paying within the discount period who fail to take the discount. On motion of Mr. Holpp, seconded by Mr. Biggs, Council approved the recommendation of the Committee.
CITY AUDITOR
A recommendation from the Legislative & Finance Committee has been received to employ the firm of William Manter as auditor for the City accounts for a three year period. On motion of Mr. Walls, seconded by Mr. Muir, Council approved the above recommendation and appointed the firm of Mr. William Manter, this term to expire June 1, 1974.
HOUSE BILL 207
A copy of House Bill 207 was received from Representative Neal Moerschel requesting comments and recommendations of the City Council on this bill. This bill will throw open almost without limitation the meetings of all public bodies and all public records. It is the opinion of the Legislative & Finance Committee that access to public records and even to certain meetings of City officials should be open to individuals who have an apparent reason for being granted such access, but not for general public viewing. The Committee believes that legislation should be more specific in stating which meetings and which records should be made available to crutiny by individuals without limitations. On motion of Mr. Muir, seconded by Mr. Coyle, Council directed that the City Manager correspond with Mr. Moerschel, relaying the feelings of Council on this bill, and further stating the objections to Executive Sessions being limited to personnel matters only.
ELECTRIC BUDGET HEARING
On motion of Mr. Hayes, seconded by Mr. Biggs, Council directed that a hearing be advertised as per the 1965 Electric Revenue Bond Resolution on the budget for the Electric Department for the fiscal year of 1971-1972. This hearing will be held June 14, 1971 at 8:20 P.M.
UNIT #3 BIDS
Bids were received on May 24, 1971 for Roads, Foundations and Miscellaneous Steel work for Unit #3. Five bidders were requested to bid this contract. Only one, Corrado Bros. submitted a bid, that being for $138,700. This work is vital to the performance of the mechanical and electrical contractors who will commence their work in June and July respectively, therefore, it is recommended that this contract be awarded at this time, in order not to delay the subsequent contractors. On motion of Mr. Coyle, seconded by Mr. Muir, Council authorized the award of the above contract to the firm of Corrado Brothers, Wilmington, Delaware.
OIL TRANSPORTATION - McKEE RUN
Negotiations have been virtually completed for the transportation of oil for the McKee Run Generating Station. It is expected that oil will be purchased approximately October 1st. The truck transportation negotiations have been conducted with Baker Petroleum Company of New Castle, Delaware. They have offered special rates of 1.66¢ per gallon for 6 day-daylight hour delivery, 1.64¢ per gallon for 7 day-24 hour delivery, from the Gulf Oil terminal in Philadelphia, and 1.04¢ per gallon for delivery from the Gulf Oil terminal in Wilmington, Delaware, provided Gulf can provide oil from that delivery point. The use of rail transportation requires that the City use the Penn Central Railroad for transporting this oil, but that the City lease tank cars, since they are not supplied by the carrier. The Penn Central has stated by letter that they propose to file with the ICC, rates to cover the one year period starting October 1, 1971. These rates would be 16¢ per hundred pounds for 4 or more tank cars and 18¢ per hundred pounds for a single car. The City has attempted to obtain prices on leasing of tank cars for a one year period from four (4) tank car companies. The price available is $310 per month-per car for a new car, and approximately $290 per month-per car for used cars for a one year lease, providing such cars would be available. After much discussion by Council, a motion was made by Mr. Hayes, seconded by Mr. Holpp, that this be referred to the Utility Committee for their study and recommendation. By a vote of 3 ‘yes’, Messrs Hayes, Holpp and Walls, 4 ‘no’, Messrs Biggs, Coyle, Legates and Muir and 1 ‘absent’, Messr Holmes, this motion was defeated. The Council then after further discussion took the following action on the oil transportation.
1. On motion of Mr. Coyle, seconded by Mr. Muir, Council by a vote of 6 ‘yes’, 1 ‘no’, Messr Hayes, and 1 ‘absent’, Messr Holmes, authorized the signing of a contract with Baker Petroleum Transportation Company for a period of one (1) year commencing October 1, 1971 at the above mentioned rates, and also to support Baker in their application for the special rates with the ICC. This support can be given to Baker and does not commit the City to any final contract.
2. On motion of Mr. Coyle, seconded by Mr. Holpp, Council by a vote of 6 ‘yes’, 1 ‘no’, Messr Hayes, and 1 ‘absent’, Messr Holmes, directed that a letter be sent to Penn Central Railroad informing them of the City of Dover’s intention to utilize the rail transportation as they have proposed and request that they file the two proposed rates of 16¢ per hundred pounds for 4 or more cars, and 18¢ per hundred pounds for a single car.
3. On motion of Mr. Legates, seconded by Mr. Muir, Council by a vote of 6 ‘yes’ and 1 ‘no’, Messr Hayes, and 1 ‘absent’, Messr Holmes, authorized the City Manager at his discretion to proceed with the leasing of four (4) tank cars for a one year period commencing with October 1, 1971, either four (4) new cars at the cost of $310 per month-per car, or four (4) used cars from a reputable car leasing company, for not more than $290 per month-per car.
HASTINGS REZONING
A request had been received to rezone property located on U.S. Route 113 owned by Robert & Isabelle Hastings. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Robert Moore was present representing the owners. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by roll call vote of 7 ‘yes’ and one ‘absent’, Messr Holmes, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE EAST SIDE OF U.S. ROUTE 113, OWNED BY ROBERT & ISABELLE HASTINGS, FROM R-20 TO C-4 USE.
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 from R-20 to C-4 on that land described below.
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-4 on that land located on the east side of U.S. Route 113, owned by Robert & Isabelle Hastings, and containing approximately 16,000 square feet.
ADOPTED MAY 24, 1971
VACATING PORTION OF HURLEY AVENUE
A public hearing was duly advertised for this time and place for the vacating and abandonment of a portion of Hurley Avenue running south from Water Street a distance of 96'. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Coyle, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Messr Holmes, granted the request to vacate and abandon this portion of Hurley Avenue as of this date.
TUDOR REZONING REQUEST
A request has been received from Mr. Robert Tudor to rezone land that he owns on the South Little Creek Road. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Coyle, seconded by Mr. Walls, Council adopted the following resolution and referred this request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the South Little Creek 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 ordinance.
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 at City Hall on June 28, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to C-1A that property located on the south side of the South Little Creek Road, owned by Robert Tudor, and containing approximately 7.5 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 24, 1971
ROBINO REZONING REQUEST
A request has been received from Frank Robino, Inc. to rezone land they own on the South Little Creek Road. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Coyle, seconded by Mr. Walls, Council adopted the following resolution and referred this request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the South Little Creek Road is presently zoned for MHP use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and ordinance.
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 at City Hall on June 28, 1971 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from MHP to RG-3 that property located on the north side of South Little Creek Road, owned by Frank Robino Mobile Homes, Inc. and containing approximately 17 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 24, 1971
BRODEUR REQUEST
A request has been received from Stephen G. Brodeur, 154 Turner Drive, to provide a service to the residents of Dover by painting house numbers on the curb at a cost of 50¢ per number. Mr. Brodeur is attempting to earn money for college. On motion of Mr. Hayes, seconded by Mr. Holpp, Council referred this request to the City Manager, for his determination.
BROUGH CURB DEPRESSION REQUEST
A request has been received from Mr. Albert Brough to permit him to make a curb depression for a driveway at 441 South Governors Avenue. City Manager Neylan surveyed this request and stated that due to the closeness of this proposed driveway to the intersection of Water Street and South Governors Avenue, and the narrowness of the property, he would recommend that this request not be granted. Chief of Police Spence also recommended that this request not be granted. On motion of Mr. Coyle, seconded by Mr. Holpp, Council denied the request of Mr. Brough.
MILLER DRIVE PETITION
A letter and petition was received from the Northeast Dover Civic Association signed by the residents of Miller Drive appealing to Council to straighten out certain problems they have encountered. They state the Miller Drive has no street signs for identification, parking is permitted on both sides of Miller Drive and makes it difficult to travel and that the street needs cleaning. The City has recently accepted this street, but first certain things had to be done by the builder. The builder has agreed to erect the street signs, finish the paving, etc. On motion of Mr. Coyle, seconded by Mr. Legates, Council requested a progress report from the City Manager on Miller Drive and at the same time referred the parking problem to the Safety Advisory Committee.
LOCAL SERVICE FUNCTION LEGISLATION
Mayor Carroll stated that approximately one year ago, the then Levy Court of Kent County considered the possibility of requested the Legislature to permit the County to adopt a Local Service Function Budget. This was never done. At this time the Mayor is attempting to get a commitment from the Levy Court on requesting legislation to adopt such a budget. To present his efforts have been ignored. The City is presently paying for services that are not rendered to City residents. It has been suggested that a suit be entered on behalf of the taxpayers of the City of Dover against the County for taxation on non-service. On motion of Mr. Coyle, seconded by Mr. Muir, Council requested that the Mayor appeal the City’s case before the Levy Court on May 25, 1971 and that the City Solicitor search out means through which the City might sue the County to have the Levy Court imply a Local Service Function Budget. The City Solicitor will make a report at the next Council meeting.
BUCKSON ANNEXATION REQUEST
Mr. David P. Buckson was present and addressed Council on a request to have the property he and Mr. Edward H. Richardson own located on the Hartly Road, formerly part of the Reynolds Reed farm, be set for a separate referendum as was the case for the Henry Heller property in the same area. Mr. Buckson’s property is included in the referendum of June 19th, but his feeling is that if it were not successful on that date, the delay would be too long for him to utilize the plans he has for this property, pending annexation to the City of Dover. After discussion with Council it was determined that a referendum would be held on June 26th to included this request, the resolutions for which are listed below.
ANNEXATION REFERENDUM
On motion of Mr. Holpp, seconded by Mr. Hayes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’ adopted the following resolution.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area west of the present City limits and hereinafter more particularly described within the limits of the City of Dover, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following descried area situated in East Dover Hundred, Kent County and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover.
ALL those certain lot, piece or parcel of land lying and being adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
ALL of that lot known as the Reed Farm lying south of the Dover-Hartly Road and being Lot No. 25 as shown on a plot of Country Club Estates and as recorded in Deed Book L-13-40 and containing 24 acres of land be the same more or less.
2. That an election be held on the 26th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
ADOPTED MAY 24, 1971
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area west of the present City limits and hereinafter more particularly described within the limits 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 the following described area situated in East Dover Hundred, Kent County and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover.
ALL those certain lots, pieces or parcels of land lying and being situate adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at a point in the southerly right-of-way line of the Hartly Road ans the westerly boundary of the City of Dover and/or the easterly right-of-way of Saulsbury Road; thence with the said easterly right-of-way line of Saulsbury Road in a southerly direction to the lands now or formerly of Walker Mifflin; thence with the said Mifflin lands in a westerly direction to the westerly property line of what is known as the Reed Farm and as shown as Lot No. 25 on a plot known as Country Club Estates and as recorded in Deed Book L-13-408; thence with the said Reed lot property lines in a northerly direction in part, and easterly direction in part and again with the said southerly right-of-way line of the Hartly Road in an easterly direction home to the place of beginning be the contents what they may.
2. That an election be held on the 26th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
ADOPTED MAY 24, 1971
COUNCIL ADJOURNED AT 10:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of May 24, 1971 are hereby approved.
MAY 25, 1971 Crawford J. Carroll Mayor