REGULAR MEETING
November 25, 1974
The Regular Meeting of City Council was held on Monday, November 25, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Legates, Walls, Holpp, Hardcastle, Muir, Harris and Cullen.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the regular meeting of City Council held on November 11, 1974, were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police Report for the month of October was accepted.
Building Inspector and Fire Marshal Report for the month of October was accepted.
City Planner Report for the month of October was accepted.
City Alderman Report for the month of October was accepted.
Cash Receipts, General Fund, for the month of October was accepted.
Budget Report, General Fund, for the month of September was accepted.
Cash Receipts, Electric Revenue Fund, for the month of October was accepted.
Budget Report, Electric Revenue Fund, for the month of September was accepted.
Cash Receipts, Electric Improvement Fund, for the month of October was accepted.
City Manager’s Report for the month of October were accepted.
Mr. James reported the Kent County Sanitary Sewer charges for the last quarter in excess of $102,000. This is approximately $25,000 above the budget estimate and if continued will require additional money in the budget. The County blamed increased utility cost throughout the system for the increase. On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council accepted the City Manager’s Report.
HAMLET - SECTION 1 - ACCEPTANCE
The streets and utilities of Section I in the Hamlet have been inspected and found acceptable. The City Manager had received the performance bond and deed and requested that this area be accepted. On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous roll call vote accepted Section I of the Hamlet, according to the recommendation of the City Manager.
WATER AND SEWER - WEINER TRACT AND DOVER PARK AND RECREATION CENTER
The City Manager reported receiving two bids for the extension of water and sewer on the White Oak Road to the Weiner Tract and the City of Dover Park and Recreation Center. Included in the bid was a sewer extension on New Burton Road to Agway and Southern States, replacement of a 15" sewer line with a 20" steel line at Court Street Bridge and a storm sewer at the Tarburton, Townsend Arms Apartment area. This will be known as project #63, low bidder being Teal Construction Company at $106,972.75. After close review of the bid by the City Engineer and the Department of Public Works, Mr. James recommended that the bid be awarded to Teal Construction Company. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous roll call vote awarded the Bid to Teal Construction Company.
DOWNTOWN DOVER BUSINESS ASSOCIATION - COVER PARKING METERS FOR HOLIDAYS
A letter to Mr. James from Bernard Ettenger, President of the Downtown Business Association, requested that parking meters in the Downtown area be covered from November 25, 1974 to December 25, 1974, to stimulate downtown shopping. Two hour parking would be patrolled by the City Police. In addition, Mr. Ettenger requested that street lights be turned up and Christmas lights be lit from November 25 to December 25.
Mr. James referred to Governor Tribbitt’s proclamation, last year, discouraging the use of Christmas lights. After discussing this with the Governor, City Manager James recommended to Council that the Christmas lights be illuminated from 6:00 P.M. to 10:00 P.M. from November 25 thru New Year’s, January 1, 1975.
Commenting on the parking request, Mr. James stated that the City of Dover is obligated to pay the Dover Parking Authority $15,000 a year. Any monies short of the revenue derived from the meters would come from the General Fund.
Mr. Harris questioned what the City was going to provide the Blue Hen Mall and stated that he felt that furnishing the Christmas lights was sufficient.
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council voted to keep the Christmas decorations on in the downtown Dover area from November 25 to January 1, 1975, during the hours of 6:00 P.M. to 10:00 P.M. daily.
On motion of Mr. Holpp, seconded by Mr. Legates, Council denied the request to cover parking meters from November 25 to December 25, 1974, eliminating metered parking be a vote of seven (7) yes and one (1) no, Mr. Harris. In later clarification of the motion, Mr. Harris changed his vote to deny the covering of parking meters from November 25 to December 25, 1974.
Mr. Hardcastle asked if it was not a custom in the past to waive parking meter fees downtown at least two days before Christmas. On the basis of an affirmative reply by Mr. Holpp and Mr. Legates, Mr. Hardcastle moved that the City offer parking in the downtown area on the 23rd and 24th of December without penalty of fines. The motion was seconded by Mr. Biggs and carried.
J. P. COURT #7 REPORT
A report for the month of October from J. P. Court #7 was presented. A check in the amount of $6,806.77 was received with deferred payments as of October 31, 1974 being $32,493.68. Mr. Cullen asked the City Clerk if any of the deferred payments were being collected. Mr. Willis stated that some deferred payments were being collected according to the Court records. Each month more deferred payments are being added so that the total has increased approximately $1,000 to $1,500 in the last 4 to 6 months. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council accepted the report as submitted.
POLICE ELECTION FOR BARGAINING REPRESENTATIVES
A special election was held in the City Hall Caucus Room on November 22, 1974, for the purpose of giving the City of Dover Police Department the opportunity to elect three individuals who would represent the police to Mayor and Council in discussions for additional benefits, etc. The following results were reported by the City Clerk.
Total policemen voting 2
Capt. Charles D. Donovan 2 votes
Det. Boyce K. Failing 2 votes
Lt. Lyle M. Baltrusch 1 vote
Capt. Joseph Klenoski 1 vote
On motion of Mr. Harris, seconded by Mr. Walls, Council acknowledged the report of the election as submitted.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Ditch Pipe - Foxhall - - A written report of the Parks, Playgrounds and Trees Committee was submitted by Chairman Walls. In the report the Committee recommended that the City of Dover furnish the pipe only for certain portions of a drainage ditch running through Foxhall Plantation. Mr. Legates asked the City Manager where the funds would come from and was advised that monies would be taken from the Storm Drainage Bond Fund. On motion of Mr. Legates, seconded by Mr. Muir, Council delayed action on the pipe until such time that the cost figures were submitted by Dr. James McClements.
Tennis Court Lighting - William Henry - Dover Middle and South Elementary Schools - - A proposal by Dr. Powell that the City furnish lighting for tennis courts at William Henry, Dover Middle and South Elementary Schools was considered by the Committee. It was their recommendation that Dr. Powell prepare a proposal covering the three sites and the City furnish cost figures for presentation to Council. On motion by Mr. Hardcastle, seconded by Mr. Holpp, Council voted for the recommendation of the Committee.
City Owned - Small Plots of Land Bid Sale - - The Committee was informed by Mr. Harris that a resident owning property on the northeast corner of Wyoming Avenue and Monroe Terrace had inquired about purchasing an adjoining 20 foot strip of land owned by the City. It was noted that many such parcels of land exist in the City and the Committee recommends that a list be complied by Mr. Woods for the purpose of selling to the highest bidder. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council voted for the recommendation of the Committee.
On motion of Mr. Biggs, seconded by Mr. Legates, Council accepted the Parks, Playgrounds and Trees Committee written report as presented.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee was submitted by Chairman Walls.
TRAFFIC LIGHTS - QUEEN AND DIVISION - QUEEN AND LOOCKERMAN
The State Highway Department has completed a survey at the above intersections and recommends installation of same. The Committee recommends that the traffic light installation be considered at the time of the 1975-76 budget proposal. On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council approved the recommendation of the Committee.
PARKING RESTRICTION - TOWNSEND BOULEVARD
The Committee considered a request by Chief Spence to restrict parking on Townsend Boulevard from Route 13 to Buckson Drive caused by patrons of K-Mart and the theatre in that area. The Committee recommended that the request be granted. On motion of Mr. Hardcastle, seconded by Mr. Walls, Council approved the recommendation of the Committee and instructed the City Solicitor to prepare the proper ordinance for Council’s approval.
On motion of Mr. Cullen, seconded by Mr. Harris, Council accepted the written report of the Safety Advisory Committee as presented.
LEGISLATIVE AND FINANCE COMMITTEE
League of Women Voters - District Voting - - A letter to Chief Legates from Mrs. Cynthia Witt of the League of Women Voters asked that a motion to change at large voting to district voting be introduced to Council for a referendum vote on the ballot during the January 20, 1975 election. On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council referred the matter to the Legislative and Finance Committee.
Animal Ordinance - - A revised animal ordinance was submitted to the Legislative and Finance Committee by the Solicitor for their review. It was the recommendation of the Committee that the ordinance be adopted. Chief Spence asked Council to delay action on the ordinance until he could make a complete study of its provisions. He expressed doubt that the Police Department could comply with certain provisions which mentioned custody and storage of animals.
On motion of Mr. Holpp, seconded by Mr. Hardcastle, Council tabled action on the animal ordinance until a complete study by Chief Spence on the implementation of the contents is investigated.
On motion of Mr. Walls, seconded by Mr. Holpp, Council accepted the written report of the Legislative and Finance Committee as presented.
CIVIC CENTER COMMITTEE REPORT
A written report of the Civic Center Committee was presented by Mr. James dealing with the results of a feasibility study conducted by Touche Ross of New York. After analyzing the report in its entirety and taking the advice of the Touche Ross representatives, the Committee recommended that the City of Dover table indefinitely the consideration of the construction of a Civic Center. On motion of Mr. Walls, seconded by Mr. Biggs, Council approved the recommendation of the Committee.
On motion of Mr. Holpp, seconded by Mr. Cullen, Council accepted the written report of the Committee.
CITY ASSESSOR - FINANCIAL REPORT ON DOVER HOUSING AUTHORITY
Per Council’s request, Mr. Hayes presented a written report on payments made by the Dover Housing Authority in lieu of taxes. Payments in lieu of taxes are figured on 10% of income from rental of units less the cost of utilities. This is an agreement as per the Cooperation Agreement between the City, Special School District and Kent County. One third (1/3) is paid to each. The report stated that payments have not been made since 1972 due to the great loss of revenue and increasing cost of operation.
Under questioning by Mr. Harris, Mr. Hayes stated that probably only 25% of the people living in the housing originally were residents of the City. The City had no connection with the Housing Authority, which extends beyond City boundaries except to furnish three representatives to serve on the Commission and furnish utilities.
Mr. Hayes suggested contacting the GSA and inquiring about County participation in the revenue from the Authority, since the City bears most of the burden and the County provides nothing in the way of services.
On motion of Mr. Legates, seconded by Mr. Holpp, the City Manager was instructed to contact the GSA in relation to County participation in revenues from the Housing Authority. Motion carried.
VOTER REGISTRATION PURGE
A list of registered voters to be stricken from the official registration books was presented for the first review of Council. Mr. Harris asked the City Clerk if all names appearing on the list had been notified by certified mail. Mr. Willis replied in the affirmative and reported all receipts of delivery in is possession and/or the returned sealed letter due to inability of the Post Office to deliver. The second review of the list will be held the first meeting in December for Council action.
INSURANCE TAX PERCENTAGE - POLICE PENSIONS
A sample resolution amending Title 18, Section 208, (a) of the Delaware Code was circulated to members of Council. The amendment supports an increase from 1/4 of 1% to 2% on gross insurance premiums sold in the State of Delaware. On motion of Mr. Harris, seconded by Mr. Cullen, Council referred the resolution to the Legislative and Finance Committee.
CONDEMNED HOUSING LIST
A list of condemned houses was presented to Council by Mr. Roe. The owners have been duly notified and the required time for demolition has expired. On motion by Mr. Holpp, seconded by Mr. Legates, Council by unanimous roll call vote declared that a public hearing would be held on January 13, 1974, at 8:00 P.M. in Council Chambers on the following properties”
PROPERTY OWNER
537 South Governors Avenue Raymond Wilson
707 Slaughter Street Helen Hargrove
Corner South New St. and Bank Lane James G. Maloney
760 Slaughter Street Alfred Holland Estate
418 North Street James G. Smith Estate
416 North Street Mary Elizabeth Jolley
408 South New Street William Hurley III
776 West North Street Anna Greenwood Estate
EUGENE McNINCH - SOUTH BRADFORD STREET VARIANCE
Council in a previous meeting had requested Mr. Roe and the City Solicitor to investigate changing the variance of South Bradford Street, owned by Eugene McNinch, to include his associates now active in the business of radiology. It was the opinion of the City Solicitor and Mr. Roe that the variance was granted to the property and would cover Dr. McNinch and/or his partners in the business. Council instructed that Dr. McNinch be so notified of the decision.
ZONING CODE WORKSHOP
Mr. Roe asked Council to set dates for future workshop sessions on the New Zoning Codes which Council will attend. At least two (2) two-hour sessions will be required to cover te entire book. A tentative date of December 18, 1974, at 7:30 P.M. was set for the first session.
GARY HINDES - WAIVE HANDBELL PERMIT FEE - ELECTION MATERIAL
Mr. Gary Hindes addressed Council asking for a waiver of the fee charged for distributing handbills in the amount of $2.50. On motion of Mr. Cullen, seconded by Mr. Muir, Council voted to drop the $2.50 charge for a handbill permit only for materials that are related to City Elections or City Registration.
Meeting Adjourned at 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by Council at their meeting of November 25, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
December 5, 1974