Regular City Council Meeting
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Jun 9, 1975 at 12:00 AM

REGULAR MEETING

June 9, 1975

The Regular Meeting of City Council was held on June 9, 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 Reverend J. H. Williams, Council Chaplain.

MINUTES

The minutes of the regular Council meeting of May 26, 1975, were accepted and bore the written approval of Mayor Carroll.

PARKS, PLAYGROUNDS AND TREES COMMITTEE

A written report of the Parks, Playgrounds and Trees Committee meeting held on June 2, 1975, was presented by Chairman Cullen.

Revised Boating Ordinance - Silver Lake - Mr. Cullen read into the record several proposed changes in the ordinance covering boating on Silver Lake recommended by the Committee. Specifically the revisions covered Section 21-15, paragraph (b), to increase the initial licensing fee to $5.00 and $2.00 for each additional ten horsepower; paragraph (c), reduce maximum horsepower to seventy-five (75); paragraph (d) to read “shall mean an inboard motor;” paragraph (f) to read “as required by the U.S. Coast Guard Regulations;” paragraph (k) prohibiting boat racing; paragraph (p) restricting power boat operation on the lake between 10:00 A.M. and sunset only; Section 21-16, paragraph (d) reduce the number of skiers per boat to one and paragraph (e) delete the word skiers and substitute skier.

Mr. Harris stated the concern of some boat owners on the proposed changes and suggested that before action by Council, interested groups should be allowed input.

On motion of Mr. Cullen, seconded by Mr. Witt, Council directed the City Solicitor to draw up the proper ordinances for presentation and a public hearing be held the first meeting in July. The motion was carried.

On motion of Mr. Muir, seconded by Mr. Legates, Council accepted the written report as presented.

SAFETY ADVISORY COMMITTEE REPORT

A written report of the Safety Advisory Committee was presented by Chairman Cullen covering the meeting of June 2, 1975.

Traffic Flow and Parking Downtown - Mr. David King, President of the Dover Parking Authority, and Mr. Bernard Ettenger, President of the Central Dover Business Association, were present to discuss traffic and parking problems in the downtown area.

The Committee deferred action on the above until such time that the planner, engaged by the Central Dover Business Association, has completed his proposals for revitalization of that area.

Right Turn on Red at Wyoming Avenue on South State Street and South Governors Avenue - The Committee recommended to Council that an ordinance be drawn to permit a right turn on red at the intersections of South State Street and Wyoming Avenue, South Governors Avenue and Wyoming Avenue, and North State Street and Walker Road.

Chief Spence asked that North State Street and Walker Road be withdrawn for further discussion with the Committee.

Mr. Legates moved that an ordinance be drawn to allow a right turn on red at Wyoming Avenue and South State Street and Wyoming Avenue and South Governors Avenue and that permission be obtained from the proper authorities of the State Highway Department and presented to Council on June 23rd. The motion was seconded by Mr. Hardcastle and carried.

On motion of Mr. Legates, seconded by Mr. Witt, Council accepted the written report as presented.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

A written report of the Legislative and Finance Committee was presented by Chairman Legates covering the meeting of June 4, 1975.

Work Schedule Change - 7:00 A.M. to 3:30 P.M. - The City Manager presented to the Legislative and Finance Committee a request from the Electric Department to change their daily work schedule hours from 7:00 A.M. to 3:30 P.M. Monday through Friday. The Committee recommended that this request be granted and to also include those persons in the Department of Public Works whose routine duties concern maintenance, repair and sanitation. It was further recommended that the City Manager reschedule the work hours of the Warehouse to coincide with these departments so that warehouse personnel are available to perform services for the various crews.

The rescheduling would be done on a strictly trial basis effective June, July and August to determine if it creates any problems in the City’s daily operation.

On motion of Mr. Harris, seconded by Mr. Hardcastle, Council approved the recommendation of the Committee by an unanimous roll call vote.

On motion of Mr. Witt, seconded by Mr. Muir, Council accepted the written report of the Legislative and Finance Committee as presented.

UTILITY COMMITTEE REPORT

A written report of the Utility Committee was presented by Chairman Harris on their meeting of June 3, 1975.

Water and Sewer Rates - Mr. Harris stated that the Committee had reviewed and discussed several sewer and water rate schedule proposals designed to overcome the deficit in that department. The Committee elected to study these proposals more thoroughly and present a recommendation to Council in a future meeting.

Project #56 - State College Road - Sewer Line Assessment - The Utility Committee recommended that the front foot property assessment for the sewer line on State College Road, known as Project #56, be set at $9.92 per foot and Extension #2 on Saulsbury Road of the same project be set at $9.40 per front footage.

On motion of Mr. Legates, seconded by Mr. Cullen, Council by a unanimous roll call vote approved the recommendation of the Committee.

Project #62 - Delaware Technical and Community College - Water Line Assessment - Council considered Project #62, the installation of a water line to Delaware Technical and Community College - Kent Campus. The Utility Committee recommended that the front foot charge be $21.71 per foot with the total cost to be paid by the State of Delaware since the line serves only the college.

On motion of Mr. Witt, seconded by Mr. Legates, Council approved the recommendation of the Committee by a unanimous roll call vote.

Project #64 - South Little Creek Road - Water Line Assessment - Project #64 was next considered and the recommendation of the Committee specified a front foot property charge of $7.60 per foot.

On motion of Mr. Cullen, seconded by Mr. Legates, Council approved the recommendation of the Committee by a unanimous roll call vote.

Project #65 - McKee Road to General Metalcraft - Sewer & Water Line Assessment - The Utility Committee recommended that the sewer line from McKee Road to General Metalcraft be assessed at $7.20 per front foot, to be billed only to General Metalcraft since same is a force main serving only that facility and the water main be assessed at $7.69 per front property footage to all abutting properties. The above is known as Project #65.

On motion of Mr. Harris, seconded by Mr. Muir, Council approved the recommendation of the Committee by a unanimous roll call vote.

Mifflin Tract - 69 KV Transmission Line Easement - The Utility Committee recommended that the City purchase an easement from the Mifflin family for fifteen thousand dollars ($15,00) to facilitate the erection of a 69 KV transmission line. Further, that the Mayor be authorized to sign the necessary documents to consummate the easement agreement.

On motion of Mr. Muir, seconded by Mr. Hardcastle, Council approved the recommendation of the Committee by a unanimous roll call vote.

National Flood Insurance Program Adoption - The adoption of the Comprehensive and Land Development Plan and the new Zoning Codes places the City in compliance with the Federal Government’s National Flood Insurance program.

To prevent and undue hardships on the citizens of Dover relative to federally backed loans and insurance coverage in certain areas, the Committee recommends that an application and two accompanying resolutions for participation in the above program be adopted and forwarded to the federal government so that the City may be certified. It was further recommended that a letter of exception accompany the resolution and applications, since same of the areas outlined by the flood insurance study are not in agreement with the City’s plans in the area and in fact maps of certain portions of the City are missing from the program.

On motion of Mr. Witt, seconded by Mr. Legates, Council approved the recommendation of the Committee by a unanimous roll call vote.

Exemption From Interest on Sidewalks - State of Delaware - A letter from the Secretary of Administrative Services of the State of Delaware, requested that the City of Dover forego any interest charges for sidewalks installed on State property approximately eighteen months ago. The reason stated was monies requested in the current bond bill before the General Assembly was for a specific amount which does not include interest and has not been enacted into law.

The Utility Committee recommends that the interest be waived until such time that the funds become available in the new fiscal year.

On motion of Mr. Legates, seconded by Mr. Muir, Council by a vote of seven (7) yes, and one (1) no, Mr. Witt, approved the recommendation of the Committee stipulating that a time limit of July 1, 1975, be set for the date of payment due.

On motion of Mr. Legates, seconded by Mr. Muir, Council accepted the written report of the Utility Committee as presented.

PUBLIC HEARING - ELECTRIC BUDGET - 1975-1976

A public hearing was duly advertised for this time and place to adopt the City of Dover Electric Budget for the fiscal year 1975-1976. Mayor Carroll declared the hearing open.

Mr. Michael Parkowski of 88 Village Drive, The Hamlet, asked for recognition from Council and proceeded to question Mr. James on several items on the budget. The questions covered fuel cost, income from the PJM Pool, administrative and operational costs and the $500,000 appropriation from the Electric Fund for the General Fund according to the bond covenants.

Mr. James stated that the bond covenants spell out how funds are to be allocated and all steps of the covenants must be followed as prescribed.

Mr. William Lenerson of 82 Village Drive, The Hamlet, was present and asked if the overall efficiency of the plant increased 35% with Unit #3 on the line and did the City have any specific plans for this income.

Mr. James stated that the very nature of the fuel clause was not to make a profit but to pay for the basic cost of fuel and this would revert to the consumer in the form of a decrease in the fuel clause.

Mayor Carroll declared the hearing closed.

On motion of Mr. Harris, seconded by Mr. Muir, Council adopted the Electric Budget for the fiscal year 1975-1976 by a unanimous roll call vote.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The amount hereinafter named aggregating Sixteen Million Five Hundred Fifty Three Thousand Nine Hundred Fifty Eight Dollars ($16,553,958) or so much thereof as may be necessary, are hereby appropriated from current revenues of the Electric Department, estimated for Sixteen Million Six Hundred Forty Nine Thousand Two Hundred Seventy Five Dollars ($16,649,275) for the use of the several divisions of the Electric Department and for the purposed hereinafter mentioned for the fiscal year beginning July 1, 1975 and ending June 30, 1976, as follows:

PRODUCTION

     Labor

     P.J.M. Pool Interchange

     Fuel

     Materials and Supplies

     Training

TRANSMISSION

     Labor

     Materials and Supplies

     Training

DISTRIBUTION

     Labor

     Materials and Supplies

     Training

ADMINISTRATION

     Salaries

     Materials, Supplies, Property Insurance

     Social Security and Health Insurance

     Electric Meter Deposit Refunds

     State Utility Tax

     Emergency Expense

     Training

TOTAL OPERATING BUDGET

DEBT SERVICE AND OTHER APPROPRIATIONS

     G.O. Bonds

$ 535,000

(1,438,000)

10,000,000

320,000

15,000

25,000

75,000

5,000

175,000

175,000

15,000

200,000

200,000

100,000

50,000

541,600

25,000

10,000

    - - -

$ 9,432,000

105,000

365,000

1,126,000

11,028,600

5,525,358

     Principal - 1965 Revenue Bonds

     Interest - 1965 Revenue Bonds

     Principal - 1973 Revenue Bonds

     Interest - 1973 Revenue Bonds

     Principal - 1973 Revenue Ref. Bonds

     Interest - 1973 Revenue Ref. Bonds

     Special Reserve - All Bonds

     General Fund

     Electric Improvement Fund

     Short Term Loan Service

TOTAL APPROPRIATION

391,245

200,705

132,085

516,748

60,000

727,037

427,538

500,000

950,000

1,620,000

$ 16,553,958

2. The City Manager is hereby authorized without further approval of City Council, to make interdivisional transfers of up to 10% of the amount herein appropriated to any division, except the amounts herein appropriated for interest, principal and debt reserve on 1965, 1970 and 1973 Revenue Bonds and for the Electric Improvement Fund, may not be decreased.

ADOPTED JUNE 9, 1975

GENERAL FUND BUDGET - FISCAL YEAR 1975-1976

Mr. James explained the General Fund Budget format as being more of a line item form and called attention to a deficit figure of $207,840 stemming from the Water and Sewer Department. This is due mainly from the increased cost of disposing of waste into the County Sanitary Sewer System.

On motion of Mr. Legates, seconded by Mr. Hardcastle, Council adopted the General Fund Budget as submitted.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. The amounts hereinafter named, aggregating Four Million Five Hundred Four Thousand Five Hundred Forty Dollars ($4,504,540) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use of the several departments of the Municipal Government and for the purposes hereinafter mentioned, for the fiscal year beginning July 1, 1975 and ending June 30, 1976, as follows:

CITY CLERK’S AND TREASURER’S OFFICE

     Personnel Services

     Materials, Supplies & Maintenance

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

 

CITY MANAGER’S OFFICE

25,590.00

600.00

4,680.00

300.00

- - -

$ 31,170.00

318,550.00

     Administration

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

 

     Ambulance

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Senior Surrey

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Engineering Office

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

FINANCE DEPARTMENT

     Computer Center

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative & Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Finance Office

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

FIRE DEPARTMENT

     Personnel Services

62,650.00

5,120.00

77,890.00

900.00

- - -

92,940.00

1,800.00

270.00

4,580.00

- - -

56,840.00

1,400.00

1,860.00

12,300.00

- - -

50,000.00

1,300.00

750.00

1,050.00

- - -

27,650.00

19,770.00

700.00

12,950.00

- - -

70,240.00

4,400.00

19,850.00

2,000.00

- - -

41,220.00

146,560.00

99,590.00

72,400.00

53,100.00

157,560.00

61,070.00

96,490.00

70,140.00

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

FIRE MARSHAL’S OFFICE

     Office of the Fire Marshal

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Emergency Operation

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

INSPECTION DEPARTMENT

     Health Inspection

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Public Inspection

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

OFFICE OF MAYOR AND COUNCIL

     Personnel Services

     Materials, Supplies & Maintenance

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

PARKS & RECREATION DEPARTMENT

     Personnel Services

     Materials, Supplies & Maintenance

5,000.00

15,200.00

8,720.00

- - -

19,710.00

1,300.00

1,500.00

1,020.00

- - -

- - -

1,500.00

700.00

- - -

- - -

11,380.00

2,650.00

300.00

1,000.00

- - -

48,050.00

7,000.00

8,700.00

3,100.00

- - -

- - -

- - -

7,500.00

- - -

- - -

40,040.00

- - -

$ 25,730.00

23,530.00

2,200.00

82,180.00

15,330.00

66,850.00

7,500.00

56,440.00

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

PLANNING COMMISSION

     Personnel Services

     Materials, Supplies & Maintenance

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

POLICE DEPARTMENT

     Personnel Services

     Materials, Supplies & Maintenance

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

PUBLIC WORKS DEPARTMENT

     Administration

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Buildings and Grounds

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Maintenance Shop

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Street Department

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment 

16,400.00

- - -

- - -

14,000.00

2,750.00

4,650.00

- - -

- - -

874,900.00

37,000.00

24,500.00

79,100.00

- - -

48,950.00

1,600.00

1,000.00

2,700.00

- - -

124,100.00

13,400.00

39,500.00

5,300.00

- - -

39,700.00

2,600.00

10,900.00

850.00

- - -

156,400.00

46,600.00

300.00

18,400.00

21,400.00

1,015,500.00

691,500.00

54,250.00

182,300.00

54,050.00

221,700.00

            Construction & Other Capital Expenditures

     Trash Department

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

STORES DEPARTMENT

     Personnel Services

     Materials, Supplies & Maintenance

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

TAX ASSESSOR’S OFFICE

     Personnel Services

     Materials, Supplies & Maintenance

     Administrative and Other Expenses

     Vehicles and Equipment

     Construction & Other Capital Expenditures

WATER AND SEWER DEPARTMENT

     Water Department

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

     Sewer Department

            Personnel Services

            Materials, Supplies & Maintenance

            Administrative and Other Expenses

            Vehicles and Equipment

            Construction & Other Capital Expenditures

OTHER BUDGETARY ITEMS

     Municipal Street Aid

     Parking Authority

     Contribution to Pension Fund

     Debt Service

TOTAL

- - -

152,400.00

3,700.00

3,000.00

20,100.00

- - -

33,300.00

450.00

12,250.00

200.00

- - -

43,610.00

1,000.00

- - -

750.00

- - -

91,560.00

41,100.00

121,600.00

6,650.00

- - -

58,550.00

10,000.00

423,300.00

3,650.00

- - -

260,000.00

15,000.00

50,000.00

800,800.00

179,200.00

46,200.00

45,360.00

756,410.00

260,910.00

495,500.00

1,125,800.00

$ 4,504,540.00

2. The City Manager is hereby authorized without further approval of the City Council to make interdepartmental transfers of up to 10% of the amount herein appropriated to any department.

ADOPTED JUNE 9, 1975

PUBLIC HEARING - REZONING - MABEL GRIFFITH, EUGENE & MARLENE AUEN

A public hearing was duly advertised for this time and place to rezone land located on New Burton Road, owned by Mabel Griffith, Eugene and Marlene Auen and Southern States Cooperative, Inc. Mayor Carroll declared the hearing open.

Mr. William Vaughn, attorney for the owners, was present to speak for the rezoning explaining the proposed improvements to the Southern States facilities.

Mr. George Timberlake of Southern States Cooperative, Inc. showed slides of like facilities in other areas for the benefit of Council and those present.

Mr. John Gerhart, Safety Coordinator for Southern States, was present to address Council and introduce Mr. Horace Malley, a safety expert in petroleum safety. Mr. Gerhart explained the type of tanks to be used underground for bulk storage of petroleum products. The TBA center would be brick veneer excluding the rear which would be cinderblocks.

Mr. George Keller was present to speak against the rezoning and presented a petition with 152 names from the residents of Sherwood.

Mrs. Stanley, a resident of Sherwood, was present to speak against the rezoning.

Mr. Don Driden of Sherwood Court was present to speak against the rezoning, as was Mr. Al Case.

The was no correspondence received relative to the rezoning request. The Planning recommended approval of the rezoning. On motion of Mr. Cullen, seconded by Mr. Witt, Council by a roll call vote of five (5) yes and three (3) no, Messrs. Muir, Hardcastle and Harris, denied the request for rezoning.

PUBLIC HEARING - CONDEMNATION OF 341 NORTH NEW STREET

A public hearing was duly advertised for this time and place to consider the condemnation of a garage structure at 341 North New Street owned by Phyllis Ferguson. Mayor Carroll declared the hearing open.

Mr. Roe explained the condition of the structure and stated that all correspondence to the owner was returned a post office stamp of “addressee unknown.”

There was no correspondence and no one present to speak for or against the condemnation. Mayor Carroll declared the hearing closed. On motion of Mr. Hardcastle, seconded by Mr. Harris, Council approved the condemnation of the garage located at 341 North New Street.

PUBLIC HEARING - CONDEMNATION OF 145 SOUTH GOVERNORS AVENUE

A public hearing was duly advertised for this time and place to consider the condemnation of a building located at 145 South Governors Avenue, known as the Milborne Estate. Mayor Carroll declared the hearing open.

Francis Barbiaz, attorney representing Liebman and Company, informed Council that a party wall exists between Liebman and Company and the proposed condemned building. Mr. Barbiaz asked that any order of demolition at 145 South Governors Avenue take into consideration the easement and support which exists between the buildings so that any demolition will not impair the structural integrity of the Liebman building.

There was no correspondence relative to the condemnation. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. McDonough, Council by a unanimous roll call vote ordered the condemnation of the building with the City Solicitor reviewing the legal ramifications of the party wall before demolition begins.

PERMISSION TO RECEIVE BIDS FOR DEMOLITION OF GARAGE AT 341 NORTH NEW STREET

By request of the Building Inspector, Council granted permission to that office to receive bids to demolish the condemned garage located at 341 North New Street on a motion of Mr. Witt, seconded by Mr. Hardcastle. The motion was carried.

P. GERALD WHITE - MARTA & COMPANY - ENGLISH VILLAGE

A letter from Mr. P. Gerald White, partner of Marta and Company, developer of English Village, asked that fee-simple townhouses be allowed at that development.

Mr. Legates moved for acknowledgment of the letter since no specific request for rezoning was requested. The motion was seconded by Mr. Witt and carried.

DOVER CHAMBER OF COMMERCE - MR. ROE & MR. MASSEY ASSISTANCE

A letter from David Fisher, Executive Vice-President of the Chamber of Commerce, thanked Mr. Roe and Mr. Julian Massey for their assistance in formulating plans for the revitalization of the downtown business area.

On motion of Mr. Cullen, seconded by Mr. Legates, Council acknowledged receipt of the letter.

ANNEXATION REQUEST - ERNEST V. KEITH - JAMES THOMAS PROPERTY (MILLINGTON ACRES)

A request was received from Mr. Ernest V. Keith for the annexation of the property known as Millington Acres. This land consists of approximately 113 lots and is questionable as to whether or not it is contiguous to the City of Dover. The land is now being used for agricultural purposes and would be developed by Mr. James Thomas.

On motion of Mr. Hardcastle, seconded by Mr. Legates, Council referred this request to the Utility Committee for their study and recommendations with the City Manager to determine if the property in question is contiguous to the City.

PETITION - GRASS BEHIND BLUE HEN MALL

A petition was received from the residents of Schoolview protesting the grass and debris behind the Blue Hen Mall. They requested that the grass cutting ordinance (Article II, Section 30-7) be enforced without further delay as this area is a health and safety hazard, mosquito and tick breeding area and an eyesore.

Mr. Roe stated that this property has been a problem but he will notify Mr. Robbins that he has to comply with the ordinance within five days. It is his belief that Mr. Robbins will use a weed killer to solve the problem.

Mr. Harris questioned as to whether or not Mr. Robbins has the right to use a weed killer. Mr. Roe stated that it is within his rights but that he will check to see that the product used will be acceptable to the Board of Health and therefore not toxic to any of the residents in the area.

Mr. Perman asked if the trash and debris on this lot would be cleaned up. Mr. McDonough suggested that the same five days apply to the cleaning up of the area. Mr. Roe stated that since the lot is of great size that Mr. Robbins be given five days to start the job and have completion within fifteen to twenty days.

On motion of Mr. Legates, seconded by Mr. Witt, Council acknowledged receipt of the petition and directed that the Building Inspector take the necessary actions to comply with the ordinance.

WERSZNER-REZAC - SODA POP BUSINESS IN DOWNTOWN AREA

A request was received from Mr. Jeff Werszner and Mr. Brian Rezac to be allowed to operate a mobile soda pop business in the downtown Dover area.

Mr. Roe originally denied this request on the basis that it would be done in the downtown area and would interfere with the merchants and may cause conflict.

Mr. Harris questioned, as did Mr. Perman, if the City could use its licensing power to promote a monopoly. Mr. Rodriguez stated that we can not discriminate against any applicants. If they have the money to purchase the license and conform to the stipulations of same then we have to grant it.

On motion of Mr. Legates, seconded by Mr. Witt, Council directed that the above request be granted and that a license be issued subject to the provisions of the Building Inspector and payment of the license fee.

FOX HALL FLOWER PLANTING PETITION

A petition from the residents of Fox Hall request that the City make some kind of permanent planting at the entrance to the development. Mr. James stated that he had replied to this request and explained the reasons for his denial.

This area has been planted several times and has been continuously abused and destroyed by persons unknown. It was his decision that the area would not be planted his year due to the problems encountered in the past.

On motion of Mr. Legates, seconded by Mr. Witt, Council acknowledged receipt of the letter and voted to uphold the decision of the City Manager.

TABLED MOTIONS

Mr. Willis commented on the report submitted on tabled motions from January 1972 to the present. There were no questions at present and Mr. Witt commended Mr. Willis on the thoroughness of the report.

Mr. Willis stated that he will be taking the week of June 16, 1975 off as vacation.

CAPITATION TAX WRITE-OFF

Mr. James addressed Council on their previous action to abolish the capitation tax of the City of Dover. He stated that it was his intent to have all the past capitation taxes on the books removed but in the ordinance adopted the effective date is listed as July 1, 1975. Therefore he is requesting Council’s approval to journal off the taxes and penalties still on the books from the past ten to fifteen years. This amount would be approximately $10,443.68. Collection of these taxes had proved to be unsuccessful due to deaths, relocation of people and erroneous taxing of military personnel.

On motion of Mr. Legates, seconded by Mr. Witt, Council by a unanimous roll call vote gave the City Manager permission to journal off the delinquent capitation taxes and their penalties.

REQUEST LEVY COURT FOR $10,000 ON UPKEEP OF THE NEW RECREATION CENTER

Mr. Legates made a motion that a letter be sent to the Kent County Levy Court requesting a $10,000 grant for the upkeep of the new recreation center, since many Kent County residents will be using the center. Mr. Witt seconded the motion and Council approved the request.