REGULAR MEETING
The regular meeting of City Council was held on Monday, January 27, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Walls.
MINUTES
The minutes of the regular meeting held on January 13, 1969 were accepted and bore the written approval of Mayor Carroll.
ELECTION RESULTS
The officials appointed to conduct the Municipal Election held Monday, January 20, 1969, certified the results to City Council as follows:
FOR COUNCILMEN:
First District Alfred S. Biggs 778 Votes
Second District Charles A. Legates, Jr. 444 Votes
Glenn A. Richter 403 Votes
Robert Rosenberg 134 Votes
Third District Carleton Walls 652 Votes
Harold C. Austin 291 Votes
Fourth District Victor E. Holpp 657 Votes
Benjamin E. Freeman 410 Votes
MUNICIPAL QUESTION NO. 1
Do you favor the fluoridation
of the City of Dover water supply?
NO 497 Votes
YES 389 Votes
On motion of Mr. Hastings, seconded by Mr. Walls, the election results, as certified, were accepted by Council.
ANNEXATION REFERENDUM RESULTS
The election officials who conducted the referendum election on January 25, 1969 on the question of annexing to the City of Dover certain lands located adjacent to the City of Dover, certified tot eh Council the results of the election as follows:
FOR ANNEXATION 1242 Votes
AGAINST ANNEXATION 1724 Votes
On motion of Mr. Walls, seconded by Mr. Hastings, Council accepted the report of the election officials as presented, thereby defeating the annexation request.
FLUORIDATION OF WATER SUPPLY
City Manager Neylan presented to Council copies of House and Senate Bills that have been proposed by the State Legislature that would enable Municipalities and public suppliers to conduct referendums among there voter and/or users to determine if they desired to have fluorides added to their water supply. These bills are still pending in the Legislature. The majority of those voting on the fluoridation question on the ballot of the Municipal Election held on January 20, 1969, expressed a desire not to have the City of Dover water supply fluoridated. On motion of Mr. Hughes, seconded by Mr. Hayes, Council by a vote of 6 ‘yes’ and 2 ‘no’, Councilmen Harris and Jackson, directed that the City of Dover not fluoridate its water supply and at the same time to notify the State Board of Health that the City of Dover would support legislation that would allow the voters and/or users of the City’s water to decide whether they desired the fluoride to be added to the City water supply.
ILC INDUSTRIES
City Manager Neylan reported on negotiations with ILC Industries on their request to purchase a portion of the land the City owns and uses for warehouse facilities. Mr. Neylan went back to ILC and proposed to them the offer that was suggested by a meeting of the Committee appointed by the Mayor, that offer being that the City would trade them the land they requested in exchange for a similar size piece of land located on Pear Street, between Brown and William Streets. This offer was rejected by ILC. They then presented plans of proposed construction of an addition to their present facility, this being the reason for their request. After study these plans, it was determined that there is an approximately one-quarter acre piece of land adjacent to the ILC land that would satisfy their immediate need for an addition to their facility. On motion of Mr. Jackson, seconded by Mr. Harris, Council by a vote of 6 ‘yes’ and 2 ‘no’, Messrs Biggs and Hayes, directed that the City consider the sale of the approximate one-quarter acre piece of land to ILC, after having received 3 appraisals and a common sale price agreed upon. Included in the sale of the property would be a price equal to the cost of removing and relocating the utilities, fence, warehouse supplies, etc. that are located on this piece of land, this price to be added to the price of the land and both to be paid by ILC Industries, Inc. After obtaining appraisals and other costs Council will then accept or reject these figures prior to setting a sale price on the abovementioned piece of land to ILC Industries, Inc.
1ST PENTECOSTAL CHURCH REZONING
A request has been received from the First Pentecostal Church to rezone their property located at 18 Greenhill Avenue, Edgehill. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Hayes, seconded by Mr. Walls, 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 A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 18 Greenhill Avenue, Edgehill, is presently zoned for R-8 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and the 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 at City Hall, at 8:30 P.M. on February 24, 1969 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-8 to C-3 that land located at 18 Greenhill Avenue, Edgehill, owned by the First Pentecostal Church and containing approximately 0.5 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted January 27, 1969
BERRY VAN LINE REZONING
A request has been received from Berry Van Lines, Inc. to rezone their property located at 747 North DuPont Highway, from R-20 to C-4. This property is bordered on each side by commercial property also, which as the result of the annexation in the area approximately one year ago, is zoned for R-20, the zoning having never been changed. Council was then asked to consider the rezoning of these three property bordering on North DuPont Highway from R-20 to C-4. On motion of Mr. Hayes, 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 AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located at 735-751 North DuPont Highway, is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and the zoning map.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a public hearing be held at City Hall, at 8:45 P.M. on February 24, 1969 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to C-4 that land located at 735-751 North DuPont Highway and owned by Minne Flamm, L. Francis & Gertrude V. Berry, and Wm. Charles & Eleanor Paradee. This area contains approximately 2.5 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted January 27, 1969
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on January 16, 1969 was presented by Chairman Holpp. On motion of Mr. Walls, Council accepted the report as presented.
RODNEY VILLAGE WELL
The City is contemplating installing a well in the vicinity of Rodney Village. The City now owns and operates a sewage pumping station in the vicinity of the Rodney Village Shopping Center. A small plot of land immediately adjacent to the pumping station could be acquired for the site on which a well might be drilled. On motion of Mr. Biggs, seconded by Mr. Hastings, Council authorized the City Manager to negotiate for the purchase of the aforementioned piece of land adjacent to the Rodney Village Pumping Station.
AIR BASE CONTRACT
City Manager Neylan reported that negotiations have taken place with the Air Base for a supplemental contract for increased electric service and construction of certain facilities on the Dover Air Force Base. The proposed contract would include the following provisions to supply the Base with 69,000 Volts by extension of out present line from the Danner Farm.
Demand Charge: First 300 KW $475.00
All over 300 KW 1.00 per KWH
Energy Charge: First 300 hours use of Billing Demand, per KWH .0105
Excess over 300 hours use of Billing Demand, Per KWH .0065
The minimum monthly charge will be an amount equal to the sum of the Demand and Energy Charge for seventy-five (75%) percent of the greatest Billing Demand during the preceding 11 months and energy equal to 300 hours use of that Demand, but not less than $10,000.
Certain facilities on the Base ordinarily provided by the Customer will be constructed by the City of Dover. Estimated cost is not to exceed $700,000. The rate for electric service outlined above would apply and to it would be added a monthly facility charge which would be equivalent annually to 10% of the cost of construction of on-base facilities. The 10% is calculated by adding 3% depreciation, 1% operation, maintenance and overhead, 6% interest. The Air Base will have the option to but facilities at cost less depreciation. In the event of discontinuance of the agreement by the Air Base, a termination charge would be made which again would be equivalent to cost of construction of on-Base facilities less depreciation. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that a contract be prepared and signed by the proper officials of the City of Dover containing the above mentioned provisions and rates.
JAYCEE AWARD
Mayor Carroll announced that the City of Dover was the recipient of a Certificate of Appreciation from the Dover Jaycees and the United States Jaycees. A plaque was presented to the City of Dover, commemorating this award.
DOVER HOUSING AUTHORITY
A letter was read that was addressed to Mr. Howard Stevenson, Chairman of the Housing Authority, written by Mayor Carroll and sent along with a summary of the events that have taken place in the submission of the Workable Program.
C OF C QUESTIONAIRE
A letter was received from the Greater Dover Chamber of Commerce along with the questionnaire, which concerns the proposed county sewer system. The Public Affairs Committee of the C of C intends to publish the questions and answers for the knowledge and benefit of the taxpayers of Kent County. Mr. James Maloney, Co-Chairman of the Public Affairs Committee was present and stated that they wanted these answers solely for the residents of the County and were requesting them of the City of Dover, mainly because of their past knowledge of sewage treatment facilities and their present negotiations with the Kent County Levy Court.
FIRE PREVENTION AND BUILDING CODES
When the Workable Program was presented to the Housing and Urban Development Department, it was noted that the Fire Prevention and Buildings Code adopting ordinances stated that the National Board of Fire Underwriters code was the reference code, and they recommended that this be changed tot he American Insurance Association, successors to the National Board of Fire Underwriters, which was done by NIMLO at the time they were recodifying the ordinances and was adopted by the Council on September 9, 1968.
CROSS TOWN TRAFFIC ROUTE
Letters were received from Mrs. Nellie M. Spry and the Misses Sarah & Mary Scotten, all residents of Elm Terrace, objecting to the City of Dover and State Highway Department’s consideration of placing a cross town traffic artery South Street and the back of the Elm Terrace properties. At the same time a letter was received from Mr. Ernest Davidson, Director of the State Highway Department, addressed tot eh Misses Scotten, which was a reply to their letter and stating the course of action the State Highway has and will take prior to and building of this road and the type of read that will be constructed if it be approved.
RIDGELY STREET TRAFFIC LIGHT
A complaint was received concerning the traffic light located at Ridgely and Division Streets. Chief Spence stated that there has been trouble with the control device on this light. Council then asked the Chief if they thought that this light was necessary, since it was installed for the purpose of relieving the congestion of Latex employees using Ridgely Street, but it seems that most of the Latex employees are now using their entrance on Saulsbury Road. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed the Chief of Police to place a traffic counter at this intersection to determine if this traffic light is really necessary.
Council adjourned at 9:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of January 27, 1969 are hereby approved.
Crawford J. Carroll Mayor