REGULAR MEETINGJanuary 12, 1976
The Regular Meeting of Council was held on January 12, 1976, at 7:30 P.M. with Mayor Crawford Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, Harris and McDonough.
MINUTES
Mr. Witt commented that the minutes of the December 8, 1975 Council Meeting contains a lot of personal opinion and moved that they be referred back to the City Clerk to remove personal opinions and reflect only the facts of that meeting and the action taken by Council. The motion was seconded by Mr. Muir.
Mr. McDonough and Mr. Perman voiced opposition to the motion stating that the minutes as written reflect a disagreement on rules of motion.
By a roll call vote of five (5) yes, two (2) no, Mr. Perman and Mr. McDonough, Council referred the minutes back to the City Clerk to be rewritten. Mr. Legates was excused from voting by mayor Carroll on the grounds that they bore his signature of approval.
REPORTS
Chief of Police Report for the Month of November was accepted.
Building Inspector and Fire Marshal’s Report for the Month of November was accepted.
City Planner’s Report for the Month of November was accepted.
City Alderman’s Report for the Month of November was accepted.
Cash Receipts, General Fund, for the Month of November was accepted.
Budget Report, General Fund, for the Month of October was accepted.
Cash Receipts, Electric Fund, for the Month of November was accepted.
Budget Report, Electric Revenue Fund, for the Month of October was accepted.
Cash Receipts, Electric Improvement Fund, for the Month of November was accepted.
City Manager’s Report
Mr. James reported that work continues on Unit #3 with City and contractor personnel attempting to reduce the noise level of the F.D. fans.
All three units at McKee Run have been in operation due to the requirements of the PJM Pool and demands on the entire system.
Work on the Richardson property drainage ditch is approximately 50% completed. It is anticipated that the discovery proceedings in the case of J.A. Jones Construction Company versus the City of Dover et. Al, will continue through the month of February with the case presently being set for trial of April 5, 1976.
Mr. James reported a meeting with Riley Stoker in Massachusetts where problems with the instrumentation and burners on Unit #3 were discussed. The meeting was fruitful and the Company has agreed to take care of certain problem items in the future. Fisher Porter personnel have been at McKee Run correcting certain items relative to their installation.
On motion by Mr. Muir, seconded by Mr. Legates, Council accepted the City Manager’s Report as submitted.
CONTRACT - TRANSPORTATION OF OIL TO MCKEE RUN
Mr. James reported that the contract with Baker Petroleum to transport fuel oil to McKee Run expired on December 31, 1975. The new contract received by the City Manager is identical to the one expired except for a five percent (5%) increase in transportation rate, or .0133 cents per gallon.
The City Manager recommended that the one (1) year contract be renewed with Baker Petroleum Products due to favorable past experience with the Company, who is required to dedicate a certain amount of transport vehicles to supply the fuel requirements for McKee Run.
Mr. Legates moved for the recommendation of the City Manager authorizing him to sign a one (1) year contract with Baker Petroleum Products. The motion was seconded by Mr. Muir. On a unanimous roll call vote, Council approved the above.
MCKEE RUN OIL SUPPLY AGREEMENT
Mr. James asked Council for instructions to secure an oil supplier for McKee Run. The present supplier is Texaco, who has no contract due to the past energy crisis. The present price payed to Texaco is 26.35 cents per gallon.
It was the feeling of Council that competitive prices should be obtained on the basis that the City reserves the right to accept or reject any or all bids.
Mr. Harris moved that the City Manager obtain quotations from various oil suppliers. The motion was seconded by Mr. Witt and carried.
EXECUTIVE SESSION
Mr. James and Mr. Rodriguez requested that an executive session be held with Council immediately following the adjournment of Council. The request was granted.
J. P. COURT #7 REPORT - MONTH OF NOVEMBER
A check in the amount of $5,352.00 was received from J.P. Court #7 for the month of November 1975. Deferred as of November 30 amounted to $37,039.22. On motion by Mr. Cullen, seconded by Mr. Witt, Council accepted the report as presented.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Bicycle Paths
The Parks, Playgrounds & Trees Committee discussed proposed bicycle routes in the City and deferred the matter for further study, noting that no funds for this project are available at present.
Lake Front Lot - East Lake Gardens
A lake front lot in East Lake Gardens was investigated by Mr. Woods for possible public use. It was his opinion and recommendation that the lot is not suitable for public use but recommended that the City continue to maintain same.
Swimming Pool and Ice Rink
The following is the results on a questionnaire in the Towne Crier concerning the construction of a Municipal Swimming Pool and Ice Rink.
Swimming Pool Bond Referendum
123 yes 218 no 110 yes 227 no
Ice Rink Bond Referendum
170 yes 183 no 154 yes 197 no
The Committee recommended that the projects be dropped stating that the poll indicated that a majority are not willing to support the idea or the financing.
Mr. Perman moved that Council authorize the City Manager to direct the Parks and Recreation Director to make a study of the cost to construct and operate an Ice Rink. The motion was seconded by Mr. McDonough and carried.
Park Areas - Pine Grove Farm and Foxhall
Mr. James Tevebaugh was present for the purpose of having the Committee review a plot plan designating a park area in the proposed Pine Grove Development on the south side of Route 8. Since the park area would be a plot of land bordering the back of the development, the Committee asked that the developer re-assess the location for the purpose of better utilization by the residents.
Mr. James McClements, James DiSabatino and James Tevebaugh reviewed with the Committee, a proposed park area in the Foxhall Development before presenting same to the Planning Commission. The Committee approved the park site stipulating that proper dedicated access to the par for foot traffic and sewer and water be incorporated in the final plan.
SAFETY ADVISORY COMMITTEE
Stop Sign - Woodcrest Turn and Buttner Drive
In considering a request to replace a “Stop” sign with a “Yield” sign at Woodcrest Turn and Buttner Drive, the Committee recommended that signing at the intersection remain as posted. This was based on a report by Chief Spence who stated that traffic contributed by shift workers would cause a hazardous condition plus intervals of heavy transport tankers supplying oil to McKee Run.
Mr. Perman pointed out that most of the traffic is from Woodcrest Development and questioned a state law which as stated by Chief Spence, required vehicles to stop when entering a public street from private property.
It was moved by Mr. Perman, seconded by Mr. McDonough that the matter be referred tot he City Solicitor for an opinion. The motion was carried.
Request for Restricted Parking - Post Office & Delaware Alarm Systems
A request from the Dover Postmaster for 75 feet of restricted parking for their vehicles at the end of Federal Street and a request from Delaware Alarm Systems in front of their location on New Street was discussed by the Committee.
As directed by the Committee, Chief Spence has corresponded with both parties to discuss other parking alternatives in the two locations. Delaware Alarm Systems withdrew their request and to date no answer has been received from the Post Office.
Mr. Witt moved to accept the Safety Advisory Report and the Parks, Playgrounds & Trees Report as submitted. The motion was seconded by Mr. Muir and carried.
SILVER LAKE - ICE RINK
Mr. Perman questioned the criteria for determining whether the ice on Silver Lake is safe for skating. A discussion followed on what degree the City is liable in case of injury or drowning. The City Solicitor stated that Council or a staff member should not sanction safe use of the ice at any time because of the liability risk.
Mr. Perman moved that the City Manager direct the Recreation Director to obtain information relative to determining what thickness of ice is safe for skating and unsafe for skating or what criteria is used. The motion was seconded by Mr. Legates and carried.
ALLEY ABANDONMENT - BETWEEN 915 & 921 SOUTH STATE STREET
Mr. William P. Livingston requested that an alley between 915 & 921 South State Street be abandoned, both addresses being owned by Mr. Livingston.
Mr. James explained that the alley between 915 & 921 South State Street be abandoned by Council and through an opinion from Mr. Rodriguez, a public hearing set by Council on December 8, 1975, is not necessary since only one owner is involved and the alley never used.
Mr. Witt moved that the alley between 915 & 921 South State Street be abandoned and that ownership revert to the adjacent property. The motion was seconded by Mr. Hardcastle and Council, by a unanimous roll call vote, passed the motion.
REZONING-LOTS 179 THRU 183 AND 153 THRU 155 - JASON ST., COLLEGE ROAD & WATER STREET
A public hearing to rezone the above lots owned by Luna I. And Hattie Mishoe from R-20 to R-8 in the August 12, 1974 Council meeting concluded with a motion to table the rezoning. Mr. Legates moved to remove the rezoning from the table, seconded by Mr. Harris and carried.
Mayor Carroll asked Mr. Roe to comment on the research made by the Planning Commission. Mr. Ore stated that the Planning Commission recommended that the owner remove the recorded plot that will not meet City specifications and come back with a piece of land to be rezoned. If the land were to be rezoned as requested it would automatically be accepted as originally plotted, which would in essence be a non-conforming development. Mr. Mishoe is now re-evaluating the land for conforming uses.
Mr. Legates moved for denial of the rezoning seconded by Mr. Witt. Council by a unanimous roll call vote denied the rezoning.
REZONING-LOTS 189 THRU 194 - JASON STREET AND GROVE STREET
A public hearing to rezone the above lots owned by Luna I. and Hattie Mishoe from R-20 to RG-2 in the August 12, 1974 Council meeting concluded with a motion to table the rezoning.
Mr. Legates moved to remove the rezoning from the table, seconded by Mr. Witt and carried.
Mayor Carroll explained that the same condition prevailed on 189 through 194 on the previous lots. Mr. Witt moved that the rezoning be denied, seconded by Mr. Cullen. Council, by a unanimous roll call vote, denied the rezoning.
ANNEXATION REFERENDUM RESULTS - PERSIMMON TREE LANE AND COUNTRY CLUB APARTMENTS
The results of the referendum are as certified by the County Election Officials, said certifications being on file in the Office of the City Clerk
1. 85.8544 Acres - North side of Persimmon Tree Lane
FOR ANNEXATION 1
AGAINST ANNEXATION 0
2. Multi-Vest (Country Club Apts.) Robino-Ladd (Club House Apts.) and adjacent lands
FOR ANNEXATION 50
AGAINST ANNEXATION 23
Mr. Hardcastle moved that the results of the above annexation referendums be accepted, seconded by Mr. Cullen and carried.
PERSIMMON TREE LANE ANNEXATION
Mr. Perman pointed out the guidelines of the Comprehensive Plan which recommends the development of this area on Persimmon Tree Lane in the 1980's.
A general discussion followed with Mayor Carroll commenting that it would be an advantage to have this land in the City rather than have it subdivided under the standards of the County, which the City would have to accept once it is annexed. In addition, considering future apartments, it might be necessary to furnish utilities to contiguous property based on a previous Court decision.
On motion by Mr. Witt, seconded by Mr. Cullen, Council by a roll call vote of seven (7) yes, one (1) no. Mr. Perman, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE NORTH EAST WITHIN THE LIMITS OF THE CITY OF DOVER.
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 deemed it in the best interest of the City of Dover to include an area adjacent to the City limits and being located on the north side of Kent County Road 337, known as “Persimmon Tree Lane”, more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same 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, State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
ALL that certain tract of land contiguous to the boundary of The City of Dover and lying north of Kent County Road 337, known as “Persimmon Tree Lane”, and east of, but not adjacent to, Kent County Road 88, known as Leipsic Road, and bounded as follows:
ON the south by the southerly line of Kent County Road 337, known as “Persimmon Tree Lane”; on the west by a parcel of land reserved by Thomas W. Murray, and lands now or late of William H. Spence; on the north by lands now or late of James P. Aron and others; on the east by lands now or late of said James P. Aron, of Myrtle S. Markland, and a parcel now or late of Dover Indoor Tennis, Inc.; this whole tract contains all that tract of land noted as “Parcel B on a plot of lands of Thomas W. Murray, having a frontage on said “Persimmon Tree Lane” of about 1186', and containing 86 acres of land, more or less.
2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover
4. That the effective date of this resolution shall be the 13th day of January, 1976 at 12:01 A.M. o’clock.
ADOPTED JANUARY 12, 1976
MULTIVEST - ROBINO-LADD AND ADJACENT LANDS ANNEXATION
Mr. Witt moved that the lands owned by Multi-Vest, (Country Club Apartments) Robino-Ladd, (Club House Apartments) and adjacent lands as described in the referendum be accepted into the limits of the City. The motion was seconded by Mr. Muir.
Questioned by Mr. Perman, Mr. James stated that it would cost approximately $213,400 to furnish sewer to the area and $121,400 for water. Revenue from taxes at the present rate would amount to $35,000 a year and $34,000 per year for water and sewer.
On a call for the question by Mr. Legates, Council by a unanimous roll call vote adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE WEST WITHIN THE LIMITS OF THE CITY OF DOVER.
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 adjacent to the City limits and being located on the west side of Kent County Road 104, known as “Kenton Road” and north of Delaware Route 8, known as “Hartly Road”, and more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same 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, State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
ALL those certain tracts of land contiguous to the boundary of the City of Dover and lying west of Kent County Road 104, known as “Kenton Road”, and north of Delaware Route 8, known as “Hartly Road”, and bounded as follows:
ON the east by the easterly line of Kent County Road 104, known as “Kenton Road”; on the south by the northerly line of Delaware Route 8, known as “Hartly Road”; on the west by lands now or late of Jane Massey Draper; on the north by lands now or late of Leroy K. Smith, of Frank J. Gentile, Jr., of Kentminster Development Co., of Berman and Clouse, and of Esther Zurkow; this whole tract contains those several tracts known as: Lands now or late of Daniel O. Hastings; MultiVest Real Estate Fund, Ltd. tract, Robino-Ladd tract, and Dover Country Club tract, being the former Maple Dale Country Club; “Keith tract”, being all those lands and lots of “Country Club Heights” and Realty Exchange, Inc.; “Smith tract”, now of Robino-Ladd Co.; and all lands within the right-of-way of Kent County Road 104, 60' wide, known as “Kenton Road”, extending from the northerly line of Delaware Route 8, known as “Hartly Road”, northerly to its intersection with the extended northerly line of Walker Road, also known as South Fox Hall Road; and containing 147.17 acres of land, more or less.
2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 13th day of January 1976 at 12:01 A.M. o’clock.
ADOPTED JANUARY 12, 1976
APPOINTMENT - ELECTION OFFICIALS AND ALTERNATES
Mayor Carroll appointed Mr. Cullen and Mr. Witt to serve as officials at the Annual Municipal Election to be held January 19, 1976. Mr. Perman and Mr. McDonough were appointed as alternates.
REZONING REQUEST - 19 GOODEN STREET - OWNER RICHARD B. TAYLOR
A request was received to rezone property at 19 Gooden Street owned by Richard B. Taylor. Prior to amending the Zoning Ordinance and Zoning Map of the City of Dover, a public hearing is required.
On motion by Mr. Legates, seconded by Mr. Witt, Council adopted the following resolution and referred the rezoning request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 19 Gooden Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on February 23, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 19 Gooden Street, owned by Richard B. Taylor.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 12, 1976
REZONING REQUEST - 925 SOUTH BRADFORD STREET - WILLIAM F. , LENORA P. & MICHAEL MALONE
A request was received to rezone property at 925 South Bradford Street owned by William F. Lenora P., and Michael Malone. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Legates, seconded by Mr. Perman, Council adopted the following resolution and referred the rezoning request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 925 South Bradford Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on February 23, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 925 South Bradford Street, owned by William F., Lenora P. & Michael F. Malone.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JANUARY 12, 1976
RESOLUTION - GREATER DOVER CHAMBER OF COMMERCE
On motion by Mr. Witt, seconded by Mr. Cullen, Council adopted the following resolution commending the Greater Dover Chamber of Commerce for receiving national accreditation.
WHEREAS, the Greater Dover Chamber of Commerce has recently received national accreditation; and
WHEREAS, there are only 296 Chambers out of 4,500 Chambers in the United States to receive such national accreditation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Mayor and Council extend their congratulations to the Greater Dover Chamber of Commerce for achieving national accreditation.
2. That the Mayor and Council, by this Resolution, show their appreciation to the Greater Dover Chamber of Commerce for its past outstanding service in the Greater Dover Area.
ADOPTED JANUARY 12, 1976
DELAWARE ELECTRIC SIGNAL CO. - VARIANCE TO BURY GAS STORAGE TANK
Mr. William A. Stokesbury, General Manager of Delaware Electric Signal Company, requested a variance in the building code to bury a 500 gallon gasoline storage tank behind his building at 145 South New Street.
On motion by Mr. Witt, seconded by Mr. Legates, Council referred the request to the Safety Advisory Committee asking that Mr. Roe provide the Committee with additional background information on the matter.
N.O.W. - U.S. NATIONAL WOMEN’S AGENDA
Therese D. Lucy, President of Kent County N.O.W., enclosed an agenda representing a statement of priorities and goals of over ninety National Women’s organizations and requested that the agenda be recorded in the Minutes of City Council.
On motion by Mr. Witt, seconded by Mr. Legates, Council acknowledged receipt of the letter and agenda.
REVOLUTIONARY WAR MONUMENT - DIVISION OF CULTURAL AFFAIRS
A letter from Mr. Lawrence C. Henry, Director of the State Division of Historical and Cultural Affairs stated that the Division would take no position on locating the Revolutionary War Monument that was formerly located on The Green.
On motion by Mr. Legates, seconded by Mr. Cullen, Council acknowledged receipt of the letter.
REVOLUTIONARY WAR MONUMENT - FRIENDS OF OLD DOVER
Mr. G. Daniel Blagg, President of the Friends of Old Dover, in a letter to Mayor and Council stated that the Executive Committee has endorsed affirmatively the original removal of the Revolutionary War Monument from The Green and reaffirmed the position of the 1960's to keep the monument off The Green.
They are presently going through the lengthy procedure of polling the membership and hope to have a tabulation by the end of January.
Hoping that Council will delay action on the matter until the vote is completed, Mr. Blagg stated the view of the Executive Committee could be considered official if the delay is not acceptable to Council.
On motion by Mr. Legates, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter.
MG Industries Inc. - Bicentennial Time Capsule
Mr. M.C. Togh, Marketing Manager for MG Industries Inc. offered a stainless steel time capsule to store Bicentennial memorabilia which would be opened in 25 to 100 years.
On motion by Mr. Legates, seconded by Mr. Witt, Council acknowledged receipt of the letter.
REQUEST FOR ALLEY ABANDONMENT BEHIND SIX & TEN KINGS HIGHWAY
Dr. Donald R. Cowan and Mr. Robert Young, Six and Ten Kings Highway, requested that an alley directly behind their property be abandoned since said alley has not been used for years.
On motion by Mr. Legates, seconded by Mr. McDonough, Council set a public hearing for February 23, 1976 and referred the matter to the Planning Commission.
SALVATION ARMY - REQUEST TO HOLD OUTDOOR SERVICES
Lieutenant David W. Aston asked permission for the Salvation Army to hold short outdoor religious services in residential areas on a regular basis.
On motion by Mr. Legates, seconded by Mr. Perman, Council by a show of hands vote of six (6) yes, 2 no, Mr. Hardcastle and Mr. McDonough, denied the request to hold outdoor services.
CHAMBER OF COMMERCE SKYDIVING EXHIBITION REQUEST
A letter from Mr. James D. McNair III, Chairman of the Delaware Mini 500 Race, sponsored by the Greater Dover Chamber of Commerce and the Dover Kent County YMCA, requested permission to hold a pre-race skydiving exhibition at the Dover High School on May 1st, 1976 at 11:30 A.M.
Questioned by members of Council, Mr. McNair explained that the jumpers are covered for liability and Dr. Powell has agreed to sign a release releasing the City of Dover, the Capitol School District, the Chamber and the YMCA from any liability.
Mr. James also reminded Mr. McNair that the landing area is in close proximity to the McKee Run Plant and high voltage lines that could be detrimental to the jumpers and cause a City wide power failure.
Mr. McNair stated that the jump area is surveyed and cleared by the Federal Aeronautical Administration and all jumpers of the Milford Skydiving Club participating that day will be certified.
On motion by Mr. Legates, seconded by Mr. Hardcastle, Council approved the request.
APPLICATION - METRO & NONMETRO DISCRETIONARY GRANTS
A memorandum to Mayors of Delaware Municipalities, from Mr. Mike Thompson, State of Delaware Planning Office outlined pre-application dates for Metro and Non-metro discretionary grants under Title I of the Housing and Community Development Act, Community Facility Grants.
On motion by Mr. Witt, seconded by Mr. Legates, Council acknowledged receipt of the memorandum.
BERRY VAN LINES - ROBBINS HOSE AND DELAWARE SIGNAL FIRE RECEIVING EQUIPMENT
A letter from Mr. W. Leland Berry, Vice-president of Berry Van Lines in a letter to Council, explained the hardships imposed on his company and others in the area since Robbins Hose Company closed their fire signal panel. Mr. Berry explained that a decision to close the panel was done without consultation with the subscribers. Further, that they were led to believe that Delaware Signal Company met all N.F.P.A. 71 Codes, which proved false.
Mr. James stated that the erroneous information given to the subscribers originated from the Insurance Services Offices concerning Delaware Alarm Systems. The Fire Chief stated to Mr. James that no subscriber has been cut from the panel at Robbins Hose and will not be cut until they are assured that Delaware Alarm Systems does meet all the requirements of N.F.P.A. 71 Codes.
On motion by Mr. Witt, seconded by Mr. Hardcastle, Council directed the City Manager to respond to Mr. Berry updating him on information given to Council.
WAIVER - DARC APPLICATION FOR LEAA FUNDS
The City Clerk read a waiver form to be signed by Mayor Carroll for Council consideration. The form relates to funds applied for by DARC from LEAA entitled “Operation Prevention” in the amount of $28,415.
Mayor Carroll explained that cities receiving services as a result of LEAA grants, must be notified and a release signed by the Chief officials.
On motion by Mr. McDonough, seconded by Mr. Hardcastle, Council approved the signing of the waiver.
CAPITOL GREEN DAY CARE CENTER, INC. - TAX EXEMPT REQUEST
In a letter to Mr. James, Andrea L. Barros, a member of the Board of Directors of the Capitol Green Day Care Center Inc., requested a tax exempt status for properties located at 740 and 744 River Road. As reported by the City Assessor, revenue from these properties amounts to approximately $150 to $200.
On motion by Mr. Witt, seconded by Mr. Muir, Council referred the request to the Legislative and Finance Committee.
SENIOR SURREY - LOWER AGE ELIGIBILITY TO 60
By request of Mr. James, Mr. McDonough moved that the City Manager be authorized to lower the age limit to 60 years for eligible riders of the Senior Surrey. The motion was seconded by Mr. Hardcastle and carried.
MR. HARRIS - TRANSIT STUDY COMMITTEE - KENT COUNTY
As an appointed member of the Kent County Transit Study Committee, Mr. Harris informed Council that he know has a report of the County transit study which is available for Council review.
The report covers the possibility of merging the County Transit System with the various Municipalities. A meeting will be held Thursday, January 15th, where a final report will be compiled and made available to the Committee members for review.
CHAMBER OF COMMERCE INFORMATION BOOKLET ADVERTISEMENT
Mr. James informed Council that the Chamber of Commerce requested the City to purchase an advertisement in their annual information booklet at a cost of $215.
On motion by Mr. Hardcastle, seconded by Mr. Witt, Council authorized Mr. James to draw up an appropriate advertisement to insert in the booklet.
REPORT - NUMBER OF REGISTRATIONS ON EXTRA DAYS
Questioned by Mr. Perman, Mr. Willis reported a total of 97 new registrants were obtained at the Blue Hen Mall on December 20th from 10:00 A.M. to 6:00 P.M. with the much appreciated assistance of volunteers from the League of Women Voters.
Only 13 registrants were obtained on December 27th at the City Hall Annex from 10:00 A.M. to 5:00 P.M.
Mr. McDonough moved that the City Clerk write an appropriate letter of thanks to the League of Women Voters for the assistance given during the extra registration days. The motion was seconded by Mr. Legates and carried.
RULES OF ORDER
A discussion followed on rules of order for Council to avoid any future conflict of action taken by that body. It was suggested that the Roberts’ Rules of Order be adopted.
On motion by Mr. Hardcastle, seconded by Mr. Perman, the matter was referred to the Legislative and Finance Committee to recommend rules of order for Council to conduct meetings.
Meeting adjourned at 10:05 P.M.
The Executive Session adjourned at 10:30 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of January 12, 1976, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
January 19, 1976
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