REGULAR MEETING
April 23, 1973
The regular meeting of City Council was held on Monday, April 23, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates and Walls. Councilman Muir was absent.
INVOCATION
There has been an absence in the most recent past of a member of the Dover Ministerial Association to offer the invocation prior to the council meeting. In checking with the Association, it has been learned that they are contemplating discontinuing this service. A formal notification will be forthcoming in writing and will be presented to Council.
MINUTES
The minutes of the regular Council meeting of April 9, 1973 were accepted as presented and bore the written approval of Mayor Carroll.
J. P. COURT #7 REPORT
A report of the J. P. Court #7 for the month of March, 1973 was presented to Council attached to a check in the amount of $9,644.53. Deferred payments due the City of Dover as of March 31, 1973 amounted to $28,661.69. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
OLD DOVER DAYS RESOLUTION
On motion of Mr. Holpp, seconded by Mr. Biggs, Council adopted the following resolution pertaining to the observance of Old Dover Days.
RESOLUTION PERTAINING TO OBSERVANCE OF OLD DOVER DAYS
WHEREAS, Old Dover Days will be held on May 5 and May 6, 1973; and
WHEREAS, Many visitors will be in the City of Dover to take part in said Old Dover Days.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That all of the citizens of the City of Dover are requested to actively participate in preparing the City of Dover to receive these visitors by cleaning up and fixing up their respective lawns and properties, and are requested to make an extra effort to help beautify the City of Dover for this special occasion.
ADOPTED APRIL 23, 1973
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees meeting held on April 18, 1973 was presented by Chairman Hayes. On motion of Mr. Holmes, seconded by Mr. Walls, Council accepted the report as presented.
DOVER MODERN MATURITY CENTER
A request has been received from the Dover Modern Maturity Center requesting some aid of the City of Dover in the financial plight. They has requested a cash donation of $5,000; a parcel of approximately one acre of land; and/or a building that would be donated by the City to the Center. This request was considered by the Committee of Committees whose recommendation was that it be denied. On motion of Mr. Legates, seconded by Mr. Holpp, Council accepted the recommendation of the Committee of Committees and denied the request of the Dover Modern Maturity Center.
CITY HALL ANNEX HEATING-AIR CONDITIONING
The City Manager has requested authorization to obtain bids to convert the present heating and air conditioning in City Hall Annex to electric heat and air conditioning combined. On motion of Mr. Legates, seconded by Mr. Walls, Council authorized the City Manager to obtain bids on the conversion of the present heating and air conditioning in City Hall Annex, these bids to be returned to Council for their consideration and award.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on April 18, 1973 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Biggs Council accepted the report as presented.
CAPITAL GRANGE TAX-EXEMPT STATUS
A request had been received from Capital Grange requesting tax-exempt status for their organization. This request was studied by the Legislative & Finance Committee and their recommendation was that it be denied. On motion of Mr. Holpp, seconded by Mr. Biggs, Council by a vote of 6 ‘yes’, 1 ‘no’, Mr. Harris and 1 ‘absent’, Mr. Muir, denied the request of Capital Grange for tax-exempt status.
KENT COUNTY REGISTRATION BOOKS
The Committee has recommended that the City Clerk and City Solicitor determine if it is legal and applicable for the City of Dover to use the Kent County Board of Elections registration records for use in all City elections. On motion of Mr. Walls, seconded by Mr. Harris, the Council so directed the City Clerk and City Solicitor and asked that a report be made by the first meeting in June.
ELEVATED WATER TANK
Bids were received on Thursday, April 5, 1973 for the erection of a one million (1,000,000) gallon water tank to be erected on the site of the McKee Run Generating Station. Three bids were received with the low bid being submitted by Caldwell Tanks, Inc. at a price of $353,000. On motion of Mr. Harris, seconded by Mr. Biggs, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, awarded the above contract to the low bidder, Caldwell Tanks, Inc., at a price of $353,000.
69KV CUSTOMER RATE INCREASE
A recommendation has been received from the City Manager through the Utility Committee to increase the rate for 69KV customers effective May 1, 1973. This rate increase is due in part by the increased cost of purchased power that is resold to certain customer on the City of Dover service. On motion of Mr. Legates, seconded by Mr. Hayes, Council by roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, adopted the following change in the City of Dover Electric Service Classification for 69,000 Volt Services.
THE CITY OF DOVER ELECTRIC SERVICE CLASSIFICATION - 69,000 VOLT SERVICE
Effective with all billings on and after May 1, 1973 the following rate is hereby established and designated “The City of Dover Electric Service Classification for 69,000 Volt Service”.
AVAILABILITY - This rate is available throughout The City of Dover electric service area to customers having a demand of Five Thousand Kilowatts (5,000 KW) or more located where Dover’s existing facilities are adequate to supply the service required.
CHARACTER OF SERVICE - The electric power delivered hereunder shall be three phase, sixty cycle, alternating current at a nominal potential of sixty-nine thousand (69,000) volts.
Demand, energy and power factor will be metered at the point of delivery of service. All transformation, circuiting, and protective apparatus beyond the point of delivery shall be installed, owned, and maintained by the customer.
MONTHLY RATES - The monthly bill shall be the sum of the demand and energy charges as follows:
Demand Charge
First 500 kilowatts @ 1209.00
Over 500 kilowatts 1.98 per kw
Energy Charge
First 3,500 kilowatt hours 160.30
Next 100 hours use of billing demand 1.82 per kwh
Next 100 hours use of billing demand 1.49 per kwh
Next 100 hours use of billing demand not
to exceed 3,000,000 kwh 1.48 per kwh
Remaining kilowatt hours 1.08 per kwh
DEMAND - As used herein “demand” shall be the measures integrated rate of use of energy, expressed in kilowatts, during any fifteen (15) minute period. The measured demand shall be the average of the four (4) greatest demands measured on separate days of each month. In any month in which the average power factor at the delivery point is greater or less than ninety per cent (90%), the measured demand shall be corrected in accordance with the following formula:
Billing demand = Measured Demand x .90
Average Power Factor
PRIMARY DISCOUNT - When Service is supplied and metered at 69,000 volts and the customer owns and maintained all transforming, switching and protective equipment, the monthly bill as calculated in accordance with the standard rate table and before the application of the fuel adjustment clause or any tax imposed under governmental authority upon sales by Dover will be decreased by twelve per cent (12%).
MINIMUM MONTHLY BILL - The minimum monthly charge shall be an amount equal to the sum of the Demand and Energy Charges for billing demand of seventy-five percent (75%) of the greatest Billing Demand during the preceding eleven (11) months and energy equal to three hundred (300) hours use of that demand.
FUEL ADJUSTMENT CLAUSE - During the period when Dover is purchasing power from Delmarva Power & Light Company for resale, the fuel adjustment clause charged by that company to Dover will be charged by Dover to customers who purchase energy at 69,000 volts. Effective May 1, 1973 this fuel adjustment clause from Delmarva will be as follows:
“The price per KWH of electricity sold will be adjusted each month to reflect changes in the cost of fuel above or below the base cost of 5.48 mills per KWH. For purposes of the adjustment the monthly cost of fuel will be the amount cleared from Account 151 to Accounts 501 and 547 for all generating stations owned by the Delmarva system during the second preceding month expressed in mills per KWH of net generation, increased by 5% to compensate for losses.”
At such time as the City of Dover is generating its own requirements of electrical energy in lieu of purchasing for resale, the fuel adjustment charged to all customers of the City of Dover which reflects Dover’s own costs will apply to customers under this classification.
TAX PROVISION - In addition to the rates and charges stated above, there shall be added a pro-rata share of any taxes imposed upon Dover by any governmental authority by reason of the service rendered under this rate schedule.
RULES AND REGULATIONS - The General Rules and Regulations of the City of Dover for electric service shall apply, where applicable, to service rendered under this service classification.
ADOPTED APRIL 23, 1973
PETER J. HALEY RESOLUTION
On motion of Mr. Legates, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution.
A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE ILLNESS OF PETER J. HALEY, NEWS DIRECTOR OF RADIO STATION WDOV.
WHEREAS, Peter J. Haley serves the Community of Dover as News Director of Radio Station WDOV, and
WHEREAS, Peter J. Haley also serves the Community of Dover through many service organizations, and
WHEREAS, Peter J. Haley has suffered a heart attack and is presently confined to Kent General Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover request a speedy recovery for Peter J. Haley from his most recent illness.
2. That the Mayor and Council look forward to Peter J. Haley’s return to covering the City Council meetings for Radio Station WDOV.
3. That the Mayor and Council direct that a copy of this resolution be part of the permanent records of the City of Dover and a copy to be sent to Peter J. Haley expressing the Mayor and Council’s appreciation for past services and for a speedy recovery.
ADOPTED APRIL 23, 1973
ELECTRIC RATE STUDY
Middle West Service Company, Engineering Consultants for the City of Dover, have proposed to make a rate study for the City of Dover. This study has been necessitated by the increase in the expenses of the revenue system and the City’s inability to meet the 135% required of maximum amount of Principal and Interest necessary under the Bond Resolution. They have stated that they felt a rate increase might be necessary and they would recommend a rate study be made. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous vote of those present, directed the City Manager to engage Middle West Service to make a rate study of the City of Dover electric system.
EDWARD J. TROISE REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of property located on Lafferty Lane owned by Edward J. Troise. Mayor Carroll declared the hearing opened. Mr. Troise was present and spoke on behalf of the rezoning. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Hayes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON LAFFERTY LANE, OWNED BY EDWARD H. AND EVELYN TROISE, FROM R-20 TO M USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of the property described below from R-20 to M use.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Ordinance and Zoning Map of the City of Dover shall be amended by changing the Zoning designation from R-20 to M on that land located on the northside of Lafferty Lane, owned by Edward J. and Evelyn Troise, and containing approximately 38.23 acres.
ADOPTED APRIL 23, 1973
KOHN REZONING
A request has been received from Jehial and Doris Kohn to rezone a parcel of land they own located on South Bradford Street. A public hearing is required prior to amending the zoning map and ordinance. On motion of Mr. Legates, seconded by Mr. Hayes, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map, and
WHEREAS, certain property located on South Bradford Street is presently zoned for R-8 use, and
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 Annex on June 11, 1973 at 8:00 PM on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-8 to I0 the parcel of land located on South Bradford Street, owned by Jehial and Doris Kohn, equitable owner being Charles Allen and Norman P. Jones and containing approximately 9000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 23, 1973
KEITH REZONING
A request has been received to rezone land located on the west side of North State Street. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Walls, seconded by Mr. Biggs, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property lying on the west side of North State Street adjacent to Silver Lake is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map, and
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 Annex on June 11, 1973 at 8:00 PM on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from R-20 to C-2A that land located on the west side of North State Street adjacent to Silver Lake, owned by Maurice A. Frazier and Marguerite Frazier, equitable owners being Ernest & Esther Keith and Reme Enterprises, Inc., and containing approximately 14 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 23, 1973
ZONING MAP AMENDMENT - HISTORICAL ZONE
A request has been received to amend the Zoning Map of the City of Dover. Prior to amending the Map a public hearing is required. On motion of Mr. Hayes, seconded by Mr. Walls, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAUD HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, a request has been received to apply the Historical (H) Zone to an area of Dover, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map, and
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 Annex on June 11, 1973 at 8:00 PM on a proposed amendment to the Zoning Map of the City of Dover that would apply the Historical Zone (H) to the area lying on the west side of North State Street adjacent to Silver Lake, owned by Maurice and Marguerite Frazier, equitable owners being Ernest & Esther Keith and Reme Enterprises, Inc., and containing approximately 14 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 23, 1973
KENT COUNTY LIASON BOARD - SEWER SYSTEM
The Kent County Levy Court expects to appoint a liason board for the Kent County Sewer System by May 1st. They have requested the City Council submit the name of an individual they wish to have represent the City of Dover on such a board. On motion of Mr. Hayes, seconded by Mr. Legates, Council appointed City Manager to represent the City of Dover on the abovementioned board.
NO PARKING - YELLOW CURB ORDINANCE
On motion of Mr. Legates, seconded by Mr. Holpp, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Dover City Code shall be and hereby is amended by adding the following new section, which shall be known as Sec. 31-68.3.
“Sec. 31-68.3. Parking Prohibited Where Marked by Yellow Curb. Upon streets where Council has designated no parking areas, it shall be sufficient notice to the public to designate such no parking areas by painting the curb line yellow in lieu of erecting signs to designate no parking areas. The yellow curb line shall in all areas designate no parking of any vehicle in such area and it shall be unlawful for any person to park any vehicle at any time where the curb line has been painted yellow in designation of no parking.”
ADOPTED APRIL 23, 1973
FINE WRITE-OFF ORDINANCE
An ordinance has been presented for the consideration of Council that would permit the Chief of Police and City Manager to write off uncollectible city ordinance violations. On motion of Mr. Legates, seconded by Mr. Hayes, Council prior to adoption of this ordinance referred it to the City Solicitor for his study and comments and return to Council.
WESLEY CHURCH PARKING
A request has been received from Wesley Church regarding the use of public parking spaces on Loockerman Street, south side, between State and Federal Streets for the period of June 18th to June 22nd and June 25th to June 29th. This is the period of the Vacation Church School. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Safety Advisory Committee for their study and recommendation.
JARDEL-PENN MUTUAL TAX APPEAL
The continuation of the tax appeal of Jardel, Inc., and Penn Mutual Insurance Co. that was to be presented again at this Council meeting has been further delayed until the Council meeting of June 11, 1973 at the request of all the parties concerned.
COUNCIL MEETING - MAY 28, 1973
On motion of Mr. Hayes, seconded by Mr. Harris, Council suspend the regularly scheduled Council meeting of May 28, 1973 in observance of the Memorial Day Holiday.
COUNCIL ADJOURNED AT 8:35 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of April 23, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
APRIL 24, 1973