REGULAR MEETING
October 13, 1975
The Regular Meeting of Council was held on October 13, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, Harris and McDonough.
The invocation was given by the Reverend J. H. Williams.
MINUTES
The minutes of the Regular Council Meeting of September 22, 1975, were accepted and bore the written approval of Mayor Carroll.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Silver Lake
Chairman Cullen stated that at the meeting of October 6, 1975, Commander Marion Benton and Mr. Martin Dill of the Coast Guard Auxiliary Flotilla were present to explain available courses for boaters. After discussion, the Committee agreed that it would be difficult to require Silver Lake boaters to participate in such a course.
It was suggested that a list of licensed boaters be furnished to Commander Benton and Mr. Dill by the Police Department to enable the Flotilla to contact those who may desire participation in the training class.
Mr. Perman questioned the availability of this list to the public and if granting this request would automatically make the list available to anyone.
The City Solicitor stated that Council would have discretion in each and every case.
On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council approved the recommendation of the Committee.
Pier - Blue Coat Inn
The Committee considered a request from Mr. Jeff Hastings, of the Rehoboth Bay Sailing Club to build a 4' x 18' pier on the north side of the Blue Coat Inn for the purpose of fall sailing.
The Committee recommended that permission be granted, pending receipt of a letter from Mr. Keith verifying his permission for the installation for such a pier.
On motion of Mr. McDonough, seconded by Mr. Muir, Council approved the recommendation of the Committee.
City of Dover Parks & Recreation Regulations
A rough draft of the proposed City of Dover Parks and Recreation Regulations was submitted to the Committee for their review. The regulations are quite lengthy and will require time for study. A workshop session will be held on October 29, 1975 at 7:30 P.M. in the Caucus Room of City Hall to discuss the rough draft of the Rules and Regulations.
Mr. Knox, Director, requested that priority be given to a list of proposed uses for the recreational building. The list as submitted, placed uses of the building in nine (9) categories and includes a request for guidelines on smoking, membership cards, and methods of programming park facilities such as picnic areas, tennis courts, etc.
It is the recommendation of the Committee that the use of the City of Dover Recreation Center be limited to City of Dover Department of Parks and Recreation sponsored and co-sponsored programs, activities and special events only, for the remaining fiscal year.
On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council accepted the recommendation of the Committee.
Smoking Area - Parks and Recreation Building
The Committee also recommends that the Recreational Director be authorized to designate a smoking area in the Center.
On motion of Mr. Witt, seconded by Mr. Cullen, Council approved the recommendation of the Committee.
Membership Cards - City of Dover Parks and Recreation Center
It was suggested that a 25¢ fee be charged for a membership card for the purpose of issuing equipment. It was felt that this fee would create a feeling of responsibility.
On motion of Mr. Witt, seconded by Mr. Cullen, Council accepted the Committee’s recommendation.
Permits - Recreation Facilities
The Committee recommends that a permit be issued to persons wishing to use the ball field only. The tennis courts, picnic areas, etc. would be on a first come, first serve basis unless a permit is issued for a City of Dover Department of Parks and Recreation sponsored activity.
On motion of Mr. Cullen, seconded by Mr. Hardcastle, Council accepted the recommendation of the Committee.
On motion of Mr. Witt, seconded by Mr. Muir, Council accepted the report of the Parks, Playgrounds and Trees Committee as presented.
UTILITY COMMITTEE - October 1, 1975
Anthony Scarano Appeal - Plastic Pipe Institute
Mr. Anthony Scarano and Mr. Kurt Fetterman were present to voice objections to certain sections of the Plumbing Code, as revised, which permits the use of plastic pipe in the City in certain applications.
The Committee informed Mr. Scarano that no appeal had been received through the proper channels from the Plastic Pipe Institute and therefore could not legally act until such was accomplished.
The Committee also directed that no plastic pipe be installed in the City until the proper personnel have been trained for inspection purposes and plumbers working with the City have been notified.
Delaware Teleservice Franchise
The Committee considered a proposed franchise from Delaware Teleservice in respect to the length of time the franchise would cover before termination. It was noted that in lieu of a pole charge by the City, the new franchise would be based on a percentage of gross revenue collected within the corporate limits of the City.
The Committee recommends that a franchise term of seven (7) years be adopted by the City and in accordance with the FCC requirements, a public hearing be set for November 24, 1975, allowing time for specified thirty (30) days notice of said hearing.
Mr. McDonough questioned the reason for changing from a pole charge to a percentage of gross revenue.
Mayor Carroll stated that this contract was written and controlled by the FCC and it is the law that 5% is the maximum charge that can be made, 2% of which the State college as a result of the Public Service Commission and the remaining 3% will come to the City.
Mr. Harris stated that poles are no longer being used in the new developments, therefore, there is no basis for which to make the charge.
Mr. Perman stated that the new contract will increase the income approximately $2,000.
On motion of Mr. Harris, seconded by Mr. Muir, Council by unanimous roll call vote accepted the recommendation of the Committee and set the public hearing for November 24, 1975 at 8:00 P.M.
E.V. Ingram - Water Tap
The Committee received a request from E.V. Ingram to tap a City water main on his property located partially on Cooper Road and not within the limits of the City.
Through research it was found that permission had already been granted to a previous owner and Mr. Ingram was so informed.
Mr. Ingram also requested an adjustment on the rate schedule of tapping fees.
The City Manager was instructed to inform Mr. Ingram that there is a set fee for tapping and there can be no adjustments made.
Ernest Keith - Front Foot Charge
A letter was received from Mr. Ernest Keith requesting some relief on the front foot charge for utilities installed adjacent to his property beginning at the Blue Coat Inn on North State Street. Mr. Keith stated that contrary to information supplied by City personnel, it was necessary to install a sewage pumping station to carry effluent to the main.
Action was deferred until the meeting of October 8, 1975 so that additional information could be compiled.
UTILITY COMMITTEE - October 8, 1975
After considering Mr. Keith’s request for a credit on his account, relating to utility easements, in the amount of $3,668.00, the Committee recommends that the request be denied.
The City Manager’s report to the Committee revealed that at no time did any City employee promise that no charge would be made for a front foot assessment involving the utilities. Original proposals by the City located at pumping station on a vacant lot north of the Blue Coat Inn, which would not have required an additional pumping station for the Blue Coat Inn. The station’s present location was established only after negotiations to locate on Mr. Keith’s property failed. The Committee further requested that any records to substantiate Mr. Keith’s claim be submitted to the City.
On motion of Mr. Witt, seconded by Mr. Muir, Council denied the request of Mr. Keith for a credit on his account of $3,668.00 relating to utility assessments.
Mr. Keith secondly requested that the City build a wharf or bulwark where Silver Lake Drive, in East Lake Gardens, terminates at the lake. Mr. Keith contends that a storm sewer pipe was installed through this land without his knowledge or permission making it hazardous and unsightly.
Since the original plot plan designates the street as public land and not privately owned, it is the Committee’s opinion that the City has no obligation to provide additional facilities. It was suggested that the Parks, Playgrounds and Trees Committee investigate the potential use of this area for public use.
On motion of Mr. Legates, seconded by Mr. Witt, Council accepted the recommendation of the Committee.
Heubner Farm - Ditch
An agreement from Kent County, Department of Soil Conservation to open a drainage ditch across the Heubner Farm, City owned property just south of the Dover Air Force Base, at a cost of $2,159.45 was presented for consideration.
The Committee recommends that permission be granted to open the ditch as defined in the agreement relating to right-of-ways and easements, but all cost involved will be borne by the County.
On motion of Mr. Witt, seconded by Mr. Hardcastle, Council by unanimous roll call vote accepted the recommendation of the Committee.
On motion of Mr. Witt, seconded by Mr. Cullen,, Council accepted the reports of the Utility Committee as presented.
COMMITTEE OF COMMITTEES
The Committee discussed a referral from the Planning Commission workshop which dealt with the request to close a portion of Court Street adjacent to the Green. Planning Commission, in their meeting of September 15, 1975, recommended denial of the closing of Court Street.
The Committee, after considering the traffic counts, the recommendations of the City Chief of Police and the recommendation of the Planning Commission, recommends that this request be denied and that Court Street remain open.
On motion of Mr. Muir, seconded by Mr. Witt, Council by unanimous roll call vote accepted the recommendation of the Committee.
On motion of Mr. Cullen, seconded by Mr. Muir, Council accepted the report of the Committee of Committees as presented.
LEGISLATIVE AND FINANCE COMMITTEE
The Committee discussed a request from Mrs. Jane Wright that an ordinance be adopted which would prohibit dog owners from allowing their pets to relieve themselves on other persons properties. It was the recommendation of the Committee that this subject by referred to the City Solicitor for his opinion on a curbing ordinance which would correct this problem. Mrs. Wright shall be so informed by letter.
Dover Public Library Employees and Users Fee
The Committee discussed at length the various conditions in which employees of the Dover Public Library will work under the jurisdiction of the City and the application of a users fee. The following recommendations were made by the Committee.
1. All Library employees shall become City of Dover employees effective October 1, 1975 and for payroll purposes, this shall be their effective hire date. All accrued sick leave and vacation time shall be recognized by the City and these employees shall continue accruing such benefits until December 31, 1975 under the old Library plan. With these two exceptions, all other existing City policies shall go into effect October 1 for these employees and on January 1, 1976 for vacation and sick leave.
2. The City shall recognize permanent part time employees as a new employee category for the purpose of providing City benefits. This will allow those employees who are hired on a permanent basis but that only work part time to enjoy existing City benefits on a pro rata basis; however, this should not be construed as covering those part time summer employees under this benefit.
3. The job titles and job descriptions as proposed by the Library Commission shall be added to the City of Dover’s existing salary scale in their proper categories.
4. The four federally funded persons employed by the Library shall not become City of Dover employees at this time. They will remain under the control of the Library Commission until the present grants expire.
5. The City Assessor shall perform an audit to determine what the average residential “Library Tax” is so that a fair “user’s fee” can be established for those persons living outside of the Capital School District area during the next four years that the City’s lease runs with the Capital School District. After that period in time this user fee shall apply to all persons not living within the corporate limits of the City of Dover.
6. It is recommended that the matter or pensions for existing Library employees be referred to the City’s Pension Board.
Mayor Carroll suggested that the first sentence in item (5) five of the recommendations should read “those persons living outside the Capital School District area or within the corporate limits of the City of Dover during the next four years” etc.
Mr. Witt questioned the free use of the library by Capital School District residents outside the City limits, pointing out that the fee is a reduction if related to a tax in most cases.
Mr. Legates pointed out that all Capital School District residents have been paying taxes for several years in relation to the library and are still responsible for the bonded indebtedness.
On motion by Mr. McDonough, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes and one (1) no, Mr. Witt, approved the recommendations of the Committee as submitted which included item #6 which referred to the matter of pensions for existing library employees to the City Pension Board.
On motion of Mr. Cullen, seconded by Mr. Hardcastle, Council accepted the report of Legislative and Finance Committee as submitted.
HALLOWEEN PROCLAMATION
WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and
WHEREAS, the Mayor and Council of the City of Dover have deemed it advisable to restrict the observance of this holiday to October 30, 1975.
NOW, THEREFORE, IT IS PROCLAIMED AND DECLARED BY CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER:
1. That the Halloween observance shall be held on the 30th day of October 1975 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.
2. That observance of trick or treat be limited to the eve of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.
3. Any person observing Halloween is requested to terminate said observance on or before 10:00 P.M. of the aforesaid date.
4. That any person violating this, the Proclamation of the Mayor of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinance of the City of Dover.
ADOPTED OCTOBER 13, 1975
CHIEF SPENCE ILLNESS
Captain Donovan of the City Police Department reported that Chief Spence’s recent eye ailment is improving and that he expects to be on duty in the near future. Mayor Carroll explained that this is contrary to rumors of his ailment and possible retirement.
MAYOR RIZZO - CITY OF DOVER FLAG
A letter of thanks was received from Mayor Rizzo of Philadelphia by the City Clerk in appreciation fro the receipt of a City of Dover flag to be flown during the Bicentennial Year in the city. It was suggested that a get well card be sent in behalf of the City, wising Mayor Rizzo a speedy recovery from his recent operation.
On motion of Mr. Perman, seconded by Mr. McDonough, Council acknowledged receipt of the letter.
FIRST STATE CHORUS
A letter from Mr. Wilfred W. Martin, President of the First State Chorus, extended an invitation to Mayor and Council to attend an organizational meeting on October 20, 1975 at the Grace Fellowship Hall for the purpose of forming a Dover Chapter of the Society for the preservation and Encouragement of Barber Shop Quartet Singing.
On motion of Mr. Witt, seconded by Mr. Cullen, Council acknowledged receipt of the invitation.
ANNEXATION REQUEST - DOVER COUNTRY CLUB APARTMENTS
In a letter to Council, attention of Mr. James, Multi-Vest Real Estate Inc. of Delaware requested annexation of the Dover Country Club Apartments as described by an attached property description and map.
On motion of Mr. Witt, seconded by Mr. Cullen, Council referred the request to the Utility Committee.
ANNEXATION REQUEST - ROBINO-LADD COMPANY
A letter from John T. Williams, to City Council, attention Mr. James, requested annexation of lands owned by Robino-Ladd as described by an attached property description and map.
On motion of Mr. Witt, seconded by Mr. Cullen, Council referred the request to the Utility Committee.
STATE HOUSING AUTHORITY - CAPITOL GREEN REQUESTS
Mr. Roe informed Council that he had received a letter from the State Housing Authority requesting a divided roadway on Water Street, one way traffic on other streets and the closing of some of the existing streets. It was his recommendation that this be referred to the Planning Commission for their recommendations and then to the Utility Committee for their report to Council.
Mr. Harris suggested that the requested changes be studied by the appropriate staff members and departments to compile certain facts and information before referral to the Utility Committee.
Mr. Harris moved that the request of the State Housing Authority be referred to the Planning Commission, City Staff and Advisory Board and the Utility Committee for their recommendations to Council. The motion was seconded by Mr. Witt and carried.
Council was informed that Mr. Roe has contacted the State Housing Authority, notifying the proper person that their request for action in thirty (30) days could not be compiled with due to the study that will be necessary by the various departments, the Planning Commission, the Utility Committee and the time necessary for proper action by Council.
SPEED LIMIT - WEST STREET
Mr. McDonough moved that the Safety Advisory Committee consider the possibility of reviewing the speed limit on West Street from New Burton Road to North Street and South Queen Street for the purpose of increasing the present 25 M.P.H. The motion was seconded by Mr. Perman and carried.
COUNCIL ADJOURNED AT 8:35 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their regular meeting of October 13, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
October 20, 1975
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