REGULAR MEETING
February 22, 1971
The regular meeting of City Council was held on Monday, February 22, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates and Walls.
MINUTES
The minutes of the regular meeting of City Council held on February 8, 1971 were accepted and bore the written approval of Mayor Carroll.
CITY OF DOVER PENSION BOARD APPOINTMENT
On motion of Mr. Hayes, seconded by Mr. Biggs, Council confirmed the Mayor’s appointment of Councilman Wall to the City of Dover Pension Board of Trustees.
PLANNING COMMISSION APPOINTMENTS
On motion of Mr. Hayes, seconded by Mr. Walls, Council confirmed the Mayor’s appointments of Mr. John T. McKenna and Mr. Courtney P. Houston to three-year terms on the City of Dover Planning Commission. These appointments expire on February 28, 1974. The term of Mr. Harry R. Jackson also expires on February 28, 1971, but no replacement or reappointment was made at this time at the request of Mr. Jackson and will be made at a later date.
TURNER B. HASTINGS REPLACEMENT
Councilman Carleton Walls, of the Third District, addressed Council at this time and requested that the name of Mr. James P. Muir be submitted to fill the unexpired term of the late Turner B. Hastings, whose untimely death has created a vacancy on Council. On motion of Mr. Coyle, seconded by Mr. Biggs, the nominations were closed. On motion of Mr. Walls, seconded by Mr. Coyle, Council by unanimous vote confirmed the appointment of Mr. James P. Muir to fill the unexpired term of the late Councilman Hastings, this term expiring in February, 1972. Mr. Muir will be sworn into office at the next Council meeting.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on February 17, 1971 was presented by Chairman Hayes. On motion of Mr. Coyle, seconded by Mr. Legates, Council accepted the report as presented.
COUNTY TAX RATE ADJUSTMENT RESOLUTION
The Legislative & Finance Committee discussed the situation regarding taxes levied on the City of Dover residents that provide services for County residents, that are not provided by the County for the City of Dover residents. These same services are provided by the City and need not be duplicated by the County. The Committee recommends that a Resolution be sent to the Kent County Levy Court expressing the position of the Mayor and Council and requesting that adjustments be considered in the Kent County tax rate to residents of the City of Dover. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following resolution and requested that City Manager Neylan present said resolution to the Levy Court at their meeting of February 23, 1971.
RESOLUTION
WHEREAS, the Mayor and Council of the City of Dover are concerned about taxes levied by Kent County upon the citizens of Dover which are out of proportion to the services rendered by the County to Dover, and
WHEREAS, The Mayor and Council believe that taxes levied by the County on Dover should equal expenditures by the County for local services rendered, and
WHEREAS, the current budget of Kent County includes the following examples of expenditures which provide little or no benefit to Dover and which should be excluded in whole or part before determining the tax liability of Dover citizens:
ITEM COUNTY BUDGET DOVER EXCLUSION Board of Assessments $ 91,798.00 $ 91,798.00
County Engineer’s Office 37,138.00 37,138.00
Planning, Zoning 79,766.00 71,799.00
Building Inspector 48,256.00 48,256.00
Volunteer Fire Companies 40,000.00 38,000.00
Tax Ditches 10,000.00 10,000.00
Soil & Water Conservation 5,800.00 5,800.00
4H Clubs, Inc. 1,500.00 1,500.00
Social Security 24,000.00 7,200.00
Contingencies 200,000.00 60,000.00
Total Exclusions- - - - - - - - - - - - - - - - - - - - - $ 371,491.00
and,
WHEREAS, the levying of taxes in Kent County on the basis of Local Services rendered requires authorization by the State Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That a bill be prepared for introduction in the State Legislature authorizing and directing Kent County to prepare its annual budgets in accordance with the Local Services Function Concept.
2. That the Levy Court of Kent County be asked to support the passage and approval of such legislation.
3. That the Levy Court of Kent County be furnished a copy of this Resolution.
ADOPTED FEBRUARY 22, 1971
PARKS, PLAYGROUNDS AND TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on February 16, 1971 was presented by Chairman Walls. On motion of Mr. Holpp, seconded by Mr. Coyle, Council accepted the report as presented.
BID AWARD - CONDENSING EQUIPMENT POWER PLANT
Bids were received on February 16, 1971 for the condensing equipment for Unit #3 at McKee Run Generating Station. Four bids were received in compliance with the specifications distributed by the Engineers. The low bidder was DeLaval Company at a bid price of $415,318. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous roll call vote awarded the contract to the low bidder, DeLaval Company.
BID AWARD - COOLING TOWER POWER PLANT
Bids were received on February 16, 1971 for the cooling tower for Unit #3 at McKee Run Generating Company. Three bids were received in compliance with the specifications distributed by the Engineers. The low bidder, after final tabulation of the bids, was the Marley Company at a price of $423,345, the vote awarded the contract to the Marley Company.
SIDEWALK ASSESSMENTS
A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against the property owners for the recently installed sidewalks in the City of Dover. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. A letter was received from Mr. G. Francis Autman, representing Mrs. Ida T. Bush, in regard to the assessment for the recently installed sidewalks on her property. Mr. Autman was at this time asking for a continuance of this hearing, since both he and Mrs. Bush were unable to attend. Mr. Rodriguez related that he had spoken to Mr. Autman today and had no prior knowledge of this request. Mr. Neylan City Manager, stated that any delay in this hearing would cause a delay in the billing of all properties concerned. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Holpp, Council by unanimous roll call vote, approved the recommendation of the Utility Committee as set by the ordinance adopted on January 11, 1971, setting the square foot charge at $.60 per square foot, the method of payment, and of placing the liens in the Municipal Lien Docket.
CURB AND GUTTERS - FULTON & RIDGELY STREETS
A public hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against the property owners for the recently installed curbs and gutters on Ridgely and Fulton Streets, west of the Railroad. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The recommendation of the Utility Committee was a charge of $2.25 per front foot. This charge would be entered into the Municipal Lien Docket. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Walls, Council by a unanimous vote by roll call, approved the recommendation of the Utility Committee as set by the ordinance adopted on January 11, 1971, setting the front foot charge, method of payment, entering lien in the Municipal Lien Docket, etc.
SEWER AND WATER ASSESSMENTS
A public hearing was duly advertised for this time and place for the purpose of establishing rate to be assessed against the property owners for the recently installed sewer and water lines in the area of Eastlake Gardens northward to North State Street Extended. Mayor Carroll declared the hearing opened. No one was present to speak for or against the assessment. The Utility Committee has recommended a front foot charge of $3.00 per front foot for water and $5.00 per front foot for sewer. These liens would be entered into the Municipal Lien Docket. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote approved the recommendation of the Utility Committee as set by the ordinance adopted on January 11, 1971, setting the front foot charge, placing the liens in the Municipal Lien Docket, and method of payment, etc.
STUFFLET REZONING
A request had been received to rezone the property located at 402 Cowgills Street owned by Mr. & Mrs. William A. Stufflet. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. Edwin Irwin was present representing the owners. No one else was present to speak for or against the rezoning. The Planning Commission recommends approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous roll call vote 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 AT 402 COWGILL STREET FROM R-20 TO RG-1 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, is it deemed in the best interest of zoning and planning to change the permitted use from R-20 to RG-1 on that land described below.
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-1 on that property located at 402 Cowgill Street, owned by Mr. & Mrs. William Stufflet, and containing approximately 7500 square feet.
ADOPTED FEBRUARY 22, 1971
ECK REZONING
A request has been received from Mr. & Mrs. Melvin Eck to rezone their property located on the southeast corner of U.S. Route 113 and Lafferty Lane. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. The Planning Commission recommends approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by mr. Walls, Council by unanimous roll call vote 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 SOUTHEAST CORNER OF U.S. ROUTE 113 AND LAFFERTY LANE FROM R-20 TO C04 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.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to C-4 on that property located on the southeast corner of U.S. Route 113 and Lafferty Lane, owned by Mr. & Mrs. Melvin Eck and containing approximately 1.5 acres.
ADOPTED FEBRUARY 22, 1971
WSFS BUILDING
On motion of Mr. Hayes, seconded by Mr. Coyle, Council requested that the design and preparation of bid for the WSFS Building next to City Hall be held up until another meeting of the Committee of Committees can be held to discuss this matter. There has been some feeling among Council that the City might be interested in building a new City Hall at this time. This will be discussed at the next Committee of Committees meeting and a recommendation brought back to Council. At this time a letter was read that was received from the Kent County Levy Court, asking Council to explore the possibility of a joint venture between the County and City in the construction of a Municipal Building. This letter was referred to the Committee of Committees and at the same time requested that the City Manager be in contact with the County as to their ideas of requirements that they might need in the construction of such a facility, if it came to be.
PRISONER OF WAR RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Coyle, Council by unanimous roll call vote adopted the following resolution in support of a letter writing campaign for the Human Treatment of Prisoners of War.
RESOLUTION
WHEREAS, the National League of Families of American Prisoners Missing In Southeast Asia are actively pursuing a letter writing campaign on behalf of said prisoners; and
WHEREAS, many Civic, Service, Fraternal Organizations and individuals of the community have also expressed their concern over the plight of our prisoners; and
WHEREAS, the National League of Families of American Prisoners will sponsor a house to house campaign soliciting signatures to letters addressed to Minister Xuan Thuy, Vietnam Delegation, Paris Peace Talks, Paris, France appealing to him and his government to, treat all prisoners of war humanely as specified in the provisions of the Geneva Convention; publish a list of all prisoners; provide information about those known to be dead; release the sick and seriously wounded; and allow a free flow of mail.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, recognizes the importance of these letter writing campaigns, express their personal concern over our prisoners plight and ask members of our community to support the Humane Treatment of Prisoner Letter Writing Campaign.
ADOPTED FEBRUARY 22, 1971
J.P. COURT #7 REPORT
The report of the J.P. Court #7 for the month of January, 1971 was submitted to Council attached to a check in the amount of $7,011.23. On motion of Mr. Coyle, seconded by Mr. Biggs, Council accepted the report as presented.
POLITE-KAHL PROPERTIES
Letters were received from Mr. Edward A. Polite and Mr. G. Howard Kahl offering their properties to the City of Dover, to be purchased for the addition to the Tarburton Tract, since both properties border on this parkland development by the City of Dover. On motion of Mr. Hayes, seconded by Mr. Biggs, Council referred these requests to the Parks, Playgrounds & Trees Committee for their recommendation and consideration.
MR. AUSTIN HELLER - WAR COMMISSION
Mr. Austin Heller, Cabinet Secretary of the Water & Air Resources Commission of the State of Delaware, was present and addressed Council concerning the setting of Air Quality Standards for the State of Delaware. These standards will be set by the Federal Government and administered by the State. Prior to setting these standards a public hearing will be held and a date set as to when they will be implemented by the State of Delaware. On the problem of #6 Fuel Oil needed by the City of Dover in the operation of McKee Run Generating Station, Mr. Heller stated that he would be glad to furnish information to the City of Dover pertaining to the suppliers of this type fuel that will be necessary in meeting the Air Quality Standards. The City has experienced difficulty in obtaining bids for the major suppliers of his type fuel. Mr. Heller will be in contact with the City to supply this information.
EAST-WEST CONNECTOR
Mr. Neylan stated that the City had been contacted concerning the proposed East-West Connector that has been much discussed in the past. The Highway Department would like to set a public hearing on this project and asked if the City would take part in this hearing, primarily through the use of the City Staff not participate in this hearing and at the same time requested that the Highway Department refer to prior action taken by Council concerning this same request. This prior action was taken on June 22, 1970 at which time Council stated that they felt a public hearing should be conducted by the Highway Department to first determine the feeling of the public as to the desired route, prior to a recommendation by City Council.
GERIATRIC SERVICES OF DELAWARE
A letter was received from the Geriatric Services of Delaware stating that they would like to appear at Council on March 8, 1971 to address Council and acquaint then with the services provided by this organization for the aged. They at the same time will be requesting an appropriation by Council to supplement their expenses in maintaining their Kent County offices. Mr. Bernard A. Bruner, a representative of Geriatric Services of Delaware was present and spoke on behalf of the organization and further stated that they would appreciate appearing before Council at its next meeting.
KENT COUNTY PUMPING STATION
Kent County Levy Court has requested of the City of Dover approximately ½ acre of land at the present sire of the City’s Treatment Plant for the purpose of installing a pumping station for the Kent County Sewer Line. This land is needed at this time in order to qualify for the Federal monies prior to March 1, 1971. Mr. Josh Twilley, Levy Court President, apologized for the lateness in the request. After much discussion by Council, a motion was made by Mr. Coyle, and seconded by Mr. Hayes, and Council by unanimous roll call vote agreed to transfer the necessary land for the pumping station, with the price of this land to be charged to the Kent County Sewer System, if any to be determined by negotiations and considerations of both parties.
COUNCIL ADJOURNED AT 10:35 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of February 22, 1971 are hereby approved.
February 23, 1971 Crawford J. Carroll Mayor