REGULAR MEETING
April 13, 1970
The regular meeting of City Council was held on Monday, April 13, 1970 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Coyle, Hayes, Holpp and Walls. Councilmen Hughes and Legates were absent.
The invocation was said by the Rev. Hayward Greene of the Whatcoat United Methodist Church.
MINUTES
The minutes of the regular meeting of City Council held on March 23, 1969 were accepted and bore the written approval of Mayor Carroll.
CHARLES A. LEGATES, SR. RESOLUTION
On motion of Mr. Walls, seconded by Mr. Hastings, Council by unanimous vote adopted the following resolution in memory of the late Charles A. Legates Sr.
A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF AN EMPLOYEE OF THE CITY OF DOVER, CHARLES A. LEGATES, SR.
WHEREAS, Charles A. Legates, Sr. was a faithful and competent employee of the City of Dover; and
WHEREAS, Charles A. Legates, Sr. was employed as a member of the Water Department for thirty-one (31) years from 1928 to 1959; and
WHEREAS, Charles A. Legates, Sr. died on this date - - April 13, 1970.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
The Mayor and Council of the City of Dover express their great personal grief and regret at the death of Charles A. Legates, Sr.; and
The Mayor and Council of the City of Dover direct the Clerk of Council to make this Resolution a part of the permanent records of the City of Dover to become a living memorial showing the appreciation of the City for the faithful and competent services rendered by the late Charles A. Legates, Sr.
Adopted April 13, 1970
EMERGENCY MEDICAL SERVICE TRAINING PROGRAM
Mr. Harvey Grant, Senior Instructor of the Delaware State Fire School, addressed Council and informed them of the completion of the Emergency Medical Services Training Program by the City of Dover Police Department, Ambulance crews and members of the Robbins Hose Company. This training program provides the City of Dover with professional-type emergency service, one of the few Cities in the country that can avail this service in the time of an emergency. Mr. Grant then presented to Fire Chief William T. James, certificates certifying the completion of this course to all participants of this emergency services program.
REPORTS
Chief of Police report for the month of March was accepted.
Building Inspector and Fire Marshal report for the month of March was accepted.
Alderman report for the month of March was accepted. Fines in the amount of $220.70 were remitted.
J. P. Court #7 report for the month of March was accepted. $3,846.00 was remitted to the City of Dover.
Cash Receipts, General Fund, for the month of March was accepted.
Budget Report, General Fund, for the month of February was accepted.
Cash Receipts, Electric Improvement Fund, for the month of March was accepted.
Cash Receipts, Electric Revenue Fund, for the month of March was accepted.
City Manager report for the month of March was accepted.
TENTATIVE BUDGET
The tentative budget for both the General and Electric Funds was presented to Council. These budgets will be reviewed and reported back to Council in June.
FULTON & RIDGELY CURBS AND GUTTERS
On motion of Mr. Hastings, seconded by Mr. Biggs, Council by unanimous vote of those present adopted the following resolution.
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF RIDGELY STREET FROM DIVISION STREET TO FULTON STREET AND BOTH SIDES OF FULTON STREET FROM RIDGELY STREET TO THE RAILROAD.
WHEREAS, the City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of Ridgely Street from Division Street to Fulton Street and on both sides of Fulton Street from Ridgely Street to the Railroad and charging the cost thereof to property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which time the property owners concerned and other residents of the City may be heard, and that notice of such hearing be published.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:05 P.M. on April 27, 1970 on the question of installing concrete curb and gutters on both sides of Ridgely Street from Division Street to Fulton Street and on both sides of Fulton Street from Ridgely Street tot eh Railroad and assessing the cost thereof to property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
Layton & Company Maud R. Sipple
Edgar B. & Geraldine L. Harman Charles E. & Dorothy E. Cooper
Delaware Homes, Inc.
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted April 13, 1970
REAL ESTATE REAPPRAISAL
A bid has been received from The J.M. Cleminshaw Company to reappraise the real estate property of the City of Dover. The Cleminshaw bid was in the amount of $58,000. The job could be started within ninety (90) days following the execution of a formal agreement and will take approximately 15 to 18 months to complete. On motion of Mr. Hayes, seconded by Mr. Hastings, Council authorized the execution of a contract with The J.M. Cleminshaw Co. in the amount of $58,000, but asked that the time permitted for reappraisal be reduced from 15 to 18 months to 9 to 12 months.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Chairman Hastings presented a written report of the Parks, Playgrounds & Trees Committee meeting held on April 6, 1970. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
CITY-OWNED PARK NAMES
A request had been received from the Parks, Playgrounds & Trees Committee to name a particular park in honor of a deceased citizen of the City of Dover. The committee has requested Council set guide lines in the naming of City parks, as they felt that if this request was granted, a deluge of request would be received for other area parks in Dover. On motion of Mr. Walls, seconded by Mr. Hayes, Council referred this request back to the Parks, Playgrounds & Trees Committee and asked that make a recommendation on policy to be adopted by Council.
SAFETY ADVISORY COMMITTEE
Chairman Hastings presented a written report of the Safety Advisory Committee meeting held on April 6, 1970. On motion of Mr. Walls, seconded by Mr. Biggs, Council accepted the report as presented.
DOVER PARKING AUTHORITY
On motion of Mr. Coyle, seconded by Mr. Walls, Council requested that the City Clerk contact the Dover Parking Authority and request a Progress Report and Annual Report on the present activities and future plans of the Downtown Parking governed by the Dover Parking Authority.
DR. McNINCH PARKING
Dr, Eugene McNinch, whose office is located at 800 South Bradford Street, has requested three (3) parking spaces be reserved in front of his office for his patients between the hours of 8:00 A.M. to 4:30 P.M. daily. Dr. McNinch feels that during the reconstruction of Kent General Hospital, the construction workers, employees and visitors to the hospital will be utilizing all the off-street parking in the area and there will be no space for his patients to park. On motion of Mr. Coyle, seconded by Mr. Biggs, Council granted the reserving of three (3) parking spaces in front of 800 South Bradford Street, this request to expire upon the completion of the renovation and reconstruction of Kent General Hospital. An ordinance will be prepared and presented to Council for their adoption.
DOWNTOWN TRAFFIC PATTERNS
The recommendations of the Safety Advisory Committee concerning the changes in the traffic patterns of Downtown Dover were presented to Council at this time. On motion of Mr. Hastings, the Council deferred and action on these recommendations until the Council meeting of April 27, 1970.
COMMITTEE OF COMMITTEES
Chairman Hayes presented a written report of the Committee of Committees meeting held on April 8, 1970. On motion of Mr. Walls, seconded by Mr. Holpp, Council accepted the report as presented.
1970 BOND ISSUE
The Committee of Committees recommends that the sale of $1,500,000 in General Obligation Bonds of the City of Dover be arranged for the month of June, 1970. The recommendation is in conjunction with the $5,000,000 Bond Referendum that was recently approved by the voters of the City of Dover. On motion of Mr. Hastings, seconded by Mr. Walls, Council authorized the bond firm of Reed, Hoyt, Washburn & McCarthy to prepare the necessary resolutions providing for the advertisement and sale of the bonds.
UTILITY COMMITTEE
Chairman Holpp presented a written report of the Utility Committee meeting held on April 6, 1970. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
WATER AND SEWER RATES
A revision in the sewer and water rates has been recommended to become effective with new fiscal year, July 1, 1970. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Hughes and Legates, approved the new water and sewer rates effective July 1, 1970 as listed below.
WATER RATES
City Residential City Commercial
50M Gals. @ .35M Gal. 30M Gals. @ .35M Gals.
over 50M Gals. @ .25 Gal. over 30M Gals. @ .25 Gals.
Minimum - $5.00 for either
Suburban Residential Suburban Commercial
50M Gals. @ .525M Gals. 30M Gals. @ .525 M Gal.
over 50M Gals. @ .375 Gal. over 30M Gals. @ .375M Gal.
Minimum - $6.00 for either
SEWER RATES
Single Units billed through one water meter: Dwelling
City Residential: The minimum bill shall be the equivalent of the water bill or $7.50 per quarter, whichever is greater.
Suburban Residential: The minimum bill shall be the equivalent of the water bill, or $15.00per quarter, whichever is greater.
Multiple Units billed through one water meter: Dwellings:
City: The minimum bill shall be the equivalent of the water bill, or $7.50 for the first unit, plus $3.00 for each additional unit per quarter whichever is greater.
Suburban: The minimum bill shall be the equivalent of the water bill, or $15.00 for the first unit, plus $600 for each additional unit per quarter, whichever is greater.
(Dwellings shall mean residences or apartments including those located in or over businesses or commercial establishments, but shall not mean hotels, motels, or rooming houses when applied to multiple units.
Industrial and Commercial:
City: The minimum bill shall be the equivalent of the water bill or $7.50 per quarter, whichever is greater.
Suburban: The minimum bill shall be the equivalent of the water bill or $15.00 per quarter, whichever is greater.
GENERAL FOODS
Water Rate Sewer Rate
30M Gallons @ .35 50M Gallons @ .35
970M Gallons @ .25 17,950M Gallons @ .30
Over 1 Million @ .15 Over 18 Million @ .20
Adopted April 13, 1970
DRAINAGE DITCH - RICHARDSON FARM
The drainage ditch running from Walker Road toward the Dover High School is in need of cleaning to provide proper drainage. The School Administration is agreeable to cleaning up their section of the ditch, but the area of the ditch running across the Richardson farm must be dug out and improved also. On motion of Mr. Coyle, seconded by Mr. Hastings, Council requested the City Manager contact Mr. William Richardson requesting the that ditch across his property, which is not within the City limits, be opened and improved.
COLLEGE ROAD SEWER AND WATER
A request has been received through the Utility Committee for the installation of City sewer and water to a trailer court owned by Alfred G. Waters, located behind properties fronting on the south side of College Road. The Utility Committee has recommended that a survey be made to determine whether the trailers and structures in the College Road area meet the various Code requirements of the City of Dover. The City Manager will have this survey made. On motion of Mr. Coyle, seconded by Mr. Walls, Council affirmed the policy of no extension of City sewer and water to any property or installation which does not meet the minimum requirements of the Housing Code and Zoning Ordinance of the City.
SIDEWALKS - NORTH DOVER
A public hearing was held in May, 1969 to require the installation of sidewalks in north Dover where they do not now exist. Action by Council on this request was deferred and referred to the Utility Committee. On motion of Mr. Hayes, seconded by Mr. Coyle, Council directed that the property owners in the area between Division Street and Walker Road from Governors Avenue to the St. Jones River, and between William Street and Walker Road from Governors Avenue to the Railroad to install sidewalks on or before June 30, 1970. All sidewalks in this area not installed by June 30, 1970 will be so done by the City of Dover and the cost of such assessed against the abutting property owner and/or owners.
LEIPSIC ROAD WATER LINE
The plans of the City of Dover for the extension of services in recently annexed areas call for the extension of the water line recently installed on Route 13, along the Leipsic Road. The Utility Committee has recommended that water lines be construction on Leipsic Road, from U.S. Route 13 to Persimmon Tree Lane. On motion of Mr. Biggs, seconded by Mr. Hayes, Council authorized the construction of a water line on Leipsic Road, from U.S. Route 13 to Persimmon Tree Lane, with assessments of the front foot cost to be assessed against the abutting property owners, such assessments to be rendered in the Municipal Lien Docket.
SENATE BILL NO. 230
A bill now before the State Legislature, Senate Substitute No. 1 for Senate Bill No. 230, would place under the Public Service Commission the supervision or regulation of the rates and charges of municipally owned water and electric utilities outside the boundaries of that municipality. On motion of Mr. Hastings, seconded by Mr. Coyle, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Hughes and Legates, adopted the following resolution opposing such Senate Bill.
WHEREAS, the City of Dover, Delaware has operated a Municipal Water Department for the past 90 years, and a Municipal Electric Department for the past 70 years, and
WHEREAS, the municipal water and electric utilities have been extended beyond the limits of the City of Dover over the years at the request of potential customers outside the Municipal boundary, and
WHEREAS, the Charter of the City of Dover granted by the General Assembly of the State of Delaware gives the Mayor and Council of the City of Dover the power to operate these utilities both within and without its boundaries and to establish rates and charges for such services, and
WHEREAS, the Mayor and Council, of the City of Dover, elected officials, have ever been responsive to the will of people, and have well and faithfully discharged their duties in the operation and maintenance of the water and electric utilities, and
WHEREAS, a bill introduced in the General Assembly, Senate Substitute No. 1, for Senate Bill No. 230, proposes to place jurisdiction of Municipal Water and Electric Utilities outside Municipal boundaries under the Public Service Commission, and appointed body.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That no cause has been shown to justify removal of control of any portion of Municipal Water and Electric Utilities from responsible Municipal officials.
That the Mayor and Council of the City of Dover, Delaware are unanimously opposed to the provisions of Senate Substitute No. 1 for Senate Bill No. 230.
That all members of the General Assembly of the State of Delaware be furnished with a copy of this Resolution.
Adopted April 13, 1970
TAX APPEALS
A public hearing was duly advertised for this time and place for the purpose of hearing tax appeals. Mayor Carroll declared the hearing opened. Chairman Hayes of the Tax Appeals Committee gave of the report of the appeals received by the Committee on the afternoons of April 6 and April 13, with the recommendations of the Committee is as follows:
1. J.C. Ehrlich Realty Co. - 128 Loockerman Street - assessment remain at $75,000
2. Maple Dale Country Club - assessment remain at $148,300
3. Anthony Hammond - 208 N. State Street - assessment remain at $8,000
4. Lilly M. Larkin - South Bradford Street - assessment remain at $10,000
5. Marie Ehrlich - 123, 125, 127 Lookerman Street - assessment reduced to $43,400
6. Governors Square Apartments - N. Governors Avenue - assessment reduced to $237,500
No one else being present at this time to appeal assessments or the decision of the Appeals Committee, Mayor Carroll then declared the hearing closed.
By action of the City Council, the recommendations of the Tax Appeals Committee were approved as follows:
1. On motion of Mr. Coyle, seconded by Mr. Walls, J.C. Ehrlich Realty Co. assessment remained the same.
2. On motion of Mr. Coyle, seconded by Mr. Biggs, Maple Dale Country Club assessment remained the same.
3. On motion of Mr. Holpp, seconded by Mr. Hayes, Anthony Hammond assessment remained the same.
4. On motion of Mr. Walls, seconded by Mr. Coyle, Lilly M. Larkin assessment remained the same.
5. On motion of Mr. Coyle, seconded by Mr. Walls, Marie Ehrlich assessment was reduced to $43,400.
6. On motion of Mr. Walls, seconded by Mr. Biggs, Governors Square Apartments assessment was reduced to $237,500.
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a vote of 6 ‘yes’ and 2 ‘absent’, Messrs Hughes and Legates, set the tax rate for the year of 1970 at 90¢ per $100 of assessed valuation.
POWER PLANT EXPANSION
A written report prepared by Laramore, Douglass & Popham was presented to Council as requested in conjunction with the requirements of the City of Dover’s bulk electric power supply. Mr. Wallace Duncan, of the firm of Jennings, Strouss & Salmon, was present and addressed the Council concerning the present negotiations with Delmarva Power and Light Co. for an interconnection agreement and Dover’s participation in the PJM Pool. Mr. Duncan stated that these negotiations are near complete and a very suitable agreement has been reached on behalf of the City of Dover. He recommends that the City finalize this agreement as soon as possible, in connection with Mr. Popham’s report that will follow. Mr. Richard Popham then discussed his report with Council, the Supplementary Report to the Power Supply needs of the City of Dover. His discussion was based on the future expansion to the Power System and installation of a 100MW Unit at McKee Run Plant. After much discussion by Council, Mr. Popham made the following recommendations as a result of their study:
1. Work out an appropriate financing plan to support the installation of a 100MW unit.
2. Authorize the finalization of the interconnection agreement with DP&L to be filed with the Federal Power Commission.
3. Release the turbine generator for manufacture with General Electric Company prior to June 1, 1970 to avoid escalation.
4. Take all other steps necessary to implement the recommended program.
On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the City Manager to contact the Bond Attorney and have the necessary resolutions drawn to authorize the sale of Revenue Bonds to finance the purchase of a 100MW unit.
On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the finalization of the Interconnection Pooling Agreement in the final form, to be presented to Council for their adoption and filing with the Federal Power Commission.
SULLIVAN REZONING
A request has been received from Mr. Daniel Sullivan to rezone the property that he owns on the northwest corner of U.S. Route 13 and Loockerman Street. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Coyle, seconded by Mr. Hayes, 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 AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the Northwest corner of U.S. Route 13 and Loockerman Street is presently zoned for R-10 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and 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 at City Hall on May 11, 1970 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map that would rezone from R-10 to I0 that property located on the northwest corner of U.S. Route 13 and Loockerman Street, owned by Daniel and Mary Sullivan, and containing approximately 0.50 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 13, 1970
KENT COUNTY VO-TECH
A letter was received from the Kent County Vo-Tech expressing their thanks for the City’s cooperation with the Data Processing Program and the Students at Vo-Tech. They also requested a donation from the City of Dover at this time, in conjunction with the National O.E.A. Conference held at Ft. Worth Texas in April. Kent Vo-Tech is sending several students to this conference and is requesting financial help in obtaining funds. On motion of Mr. Coyle, seconded by Mr. Hastings, Council authorized the purchase of a $25 certificate of involvement, being sold by Kent Vo-Tech, to help finance the students to this conference.
DELAWARE IMPORTS
A letter was received from Delaware Imports concerning their desire to install a mobile home-type structure on the property they lease from Jefferic Enterprises on the east side of U.S. Route 13, north of Leipsic Road. This property is used for a automobile sales lot. On January 26, 1970, a similar request and addressed Council concerning this problem. On motion of Mr. Holpp, seconded by Mr. Hayes, Council denied the request again, stating that Mobile Home-type structures are not permitted to be used for permanent type office buildings.
JESSE WILLEY REQUESTS
A letter was received from Mr. Jesse Willey and other residents in the 1000 block of East Division Street concerning the Mobile home trailer located at 1114 East Division Street. They are asking the City of Dover to enforce the ordinance prohibiting the use of trailers in the City of Dover. The ordinance stated that in this particular case a trailer would be permitted for a period of three (3) years after the annexation of this area, the annexation being in 1962. After much discussion, Council then requested that this ordinance not be enforced at this time, until zoned area or areas for Mobile Home Parks, as recently adopted by Council, can be set up and a place to move this trailer could be established.
Council adjourned at 10:50 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of April 13, 1970 are hereby approved.
April 15, 1970 Crawford J. Carroll Mayor