REGULAR MEETING
November 22, 1982
The Regular Meeting of Council was held on November 22, 1982 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Witt, Bonar and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Richter requested an executive session immediately following adjournment of the main meeting to discuss legal matters concerning Storer Communications.
Mayor Carroll requested recognition of a position paper that he prepared for presentation during the Legislative and Finance Committee Report.
ANNUAL FINANCIAL REPORT - FISCAL YEAR 1981/82
The Annual Financial Report for fiscal year 1981/82 was presented to Council as prepared by Finance Director Karia and the firm of Manter, Lafferty and Mitten.
Mr. Bonar moved for acceptance of the report as submitted, seconded by Mr. Hardcastle and unanimously carried.
Mr. Boaman moved that the firm of Manter, Lafferty and Mitten be appointed as the designated auditor for fiscal year 1982/83. The motion was seconded by Mr. Bonar and carried by unanimous roll call vote.
RESOLUTION - CORPORAL MOSLEY AND PFC. WALLS - DOVER POLICE DEPARTMENT- RESCUE AT SILVER LAKE
By motion of Mr. Bonar, seconded by Mr. Carey, Council by unanimous roll call vote, adopted the following resolution:
WHEREAS, on November 10, 1982, Howard C. and Helen J. Deakyne were involved in an automobile mishap in which their car plunged into the waters of Silver Lake; and
WHEREAS, Corporal Geary Mosley and PFC William Wayne Walls of the Dover Police Department responded to the call and upon their arrival found the car rapidly sinking in the eight foot deep water and several people on the scene had jumped into the water to save the elderly couple; and
WHEREAS, Corporal Geary Mosley and PFC William Wayne Walls also plunged into the icy waters to aid the victims and insure the safety of the rescuers on the scene; and
WHEREAS, everyone involved in the incident was taken safely to shore.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their pride in Corporal Geary Mosley and PFC William Wayne Walls for the outstanding manner in which they handled the rescue of the Deakynes and insured the safety of everyone involved in the incident.
2. The Mayor and Council direct the Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to Corporal Geary Mosley and PFC William Wayne Walls.
ADOPTED: NOVEMBER 22, 1982
RESOLUTION - KENT GENERAL HOSPITAL
By motion of Mr. Bonar, seconded by Mr. Carey, Council adopted the following resolution:
WHEREAS, Kent General Hospital is a private, not-for-profit, corporation created to serve all of the people of Central Delaware; and
WHEREAS, the Board of Directors and Staff of Kent General Hospital have involved the Mayor, Council and other City officials in their planning process; and
WHEREAS, vehicle parking on South State Street is reaching dangerous proportions and should be terminated; and
WHEREAS, Kent General Hospital is landlocked and does not possess sufficient land to accommodate needed plant expansion and vehicle parking; and
WHEREAS, Section 44, Volume 63, Chapter 179, Laws of Delaware mandates the abandonment and sale of the State Highway Maintenance Facility on State Street in Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council fully support the request of Kent General Hospital to purchase this State Highway property on State Street for use in its plans to meet the hospital needs of the region in the coming years.
ADOPTED: NOVEMBER 22, 1982
Mayor Carroll recognized the presence of Scout Master Dill, accompanied by several scouts who are working on merit badges.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 8, 1982
The Minutes of the Regular Council Meeting of November 8, 1982 were unanimously accepted by motion of Mr. Hardcastle, seconded by Mr. Carey and bore the written approval of Mayor Carroll.
MONTHLY REPORTS FOR THE MONTH OF OCTOBER
By motion of Mr. Boaman, seconded by Mr. Bonar, the following monthly reports for the month of October were unanimously approved:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager’s Report
J.P. Court #7 Report
General Operating Fund, Cash Receipts Report
General Operating Fund, Budget Report
Water/Sewer Fund, Cash Receipts Report
Water/Sewer Fund, Budget Report
Inter-governmental Service Fund, Revenue and Budget Report
Electric Revenue Fund, Cash Receipts Report
Electric Revenue Fund, Budget Report
Electric Improvement and Extension Budget, Cash Receipts and Disbursements Report
ELECTION RESULTS - ROBBINS HOSE COMPANY
City Manager Bartolotta presented the following officers of the Robbins Hose Company who were elected during the annual election of November 15, 1982. The election results were certified by the election officials, Councilman Robert Tudor, Councilman Fred B. Carey, Sr., and City Alderman William Willis.
Chief - Kline Kemp, Jr.
Deputy Chief - William Rhodes
First Assistant Chief - Wayne Hutchison
Second Assistant Chief - John Willson
Third Assistant Chief - Terry Whitham
Fire Line Captain - Gary Alderson
By motion of Mr. Boaman, seconded by Mr. Shevock, Council approved the Robbins Hose Company officers for 1983 as submitted.
GRANT APPLICATION - DELAWARE COMMUNITY DEVELOPMENT BLOCK GRANT
Mr. Bartolotta reported that staff’s recommendation on the 1983 fiscal year Community Development Block Grant, in the amount of $300,000, is to provide rehabilitation assistance to 26 substandard owner-occupied housing units. This is in accordance with Council’s recommendation in deference to allotting a portion of the grant for improvements to curbs, gutter projects, park improvements and housing demolition. The project will encompass an 18 month period.
Mr. Richter stated an opinion that it seems harsh to exclude substandard rental units in the same area when other towns and cities are allowing this in their program.
Mr. Bartolotta informed Council that substandard rental units are a new eligibility in the block grant regulations. It was staff’s feeling that owner-occupied substandard units would demand higher priorities in considering the amount of funds to be granted by the State. When owner-occupied substandard units are completely rehabilitated, more thought will be given to such things as substandard rental units, sidewalks, etc.
By unanimous roll call vote, the recommendation to rehabilitate 26 substandard owner-occupied housing units was approved.
ROADWAY BARRIERS - ALONG NORTH STREET AND SILVER LAKE
Mr. Bonar advised Council of several contacts with citizens who are concerned with the safety of the roadway along North State Street in the vicinity of Silver Lake since there are no barriers to prevent a reoccurrence of a recent accident where an elderly couple ran their vehicle into the lake.
Mr. Bonar moved that the matter be referred to the Safety Advisory Committee for further study, seconded by Mr. Boaman and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on November 10, 1982 with Chairman Richter presiding.
Request to Install Nanticoke Home - Vondaway Drive - Mr. & Mrs. Breton
Mr. Richter explained that Vondaway Drive has a long history of complaints by residents who live in the development in that the streets are substandard and not dedicated as a part of the City of Dover. The streets are owned by each individual property owner.
Since the streets are substandard in accordance with the Code of the City of Dover, building permits cannot be issued.
The committee recommended that the City obtain legal assistance in an attempt to formulate proper procedure to resolve any legal entanglement that the City might find unacceptable to improve the development.
After the City resolves the aforementioned, the City should proceed with a plan that would elevate Vondaway Drive to meet City standards.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bonar and unanimously carried.
Mr. Richter advised Council of Mr. & Mrs. Breton’s desire to install a Nanticoke Home to replace their present mobile home on Vondaway Drive, even in the face of legal matters that must be resolved for the City. Mr. & Mrs. Breton were advised that no changes initiated by the City will be forthcoming such as improvements to utilities or streets until such time that the owners of Vondaway Drive resolve their own problems in regards to deed restrictions and proper easements required by the City. Therefore, the committee recommended that the City Inspector’s Office be authorized to issue a permit for the installation of a Nanticoke Home on Vondaway Drive as requested by Mr. & Mrs. Breton.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Interchange Agreement - Authorization to Hire Consultant
Referring to information received from General Foods that they plan to construct a steam and electrical generation unit, Mr. Richter informed Council that it would be necessary that the City of Dover negotiate an interchange agreement; said agreement providing for an interchange of power between General Foods and the City of Dover. He emphasized the importance of the City of Dover to engage technical advisors who will assist in preparing information for negotiations with General Foods concerning co-generation.
The committee, therefore, recommended that the City of Dover engage R.W. Beck Associates of Wesley, Massachusetts who will work on a time and expense basis, involving an approximate cost to the City of $15,000.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Hardcastle. The recommendation stipulated that the City Manager be authorized to engage R.W. Beck Associates at an approximate cost of $15,000.
By a unanimous roll call vote, the recommendation of the Utility Committee was approved.
Request to Acquire City Owned Lot - South Bradford Street - Dr. Mroz
Mr. Richter related to the matter of the City of Dover attempting to divert themselves of excess parcels of land situated in various locations of the corporate limits. One of these parcels is located on South Bradford Street and several individuals have expressed interest in acquiring the land. The property contains a 69KV power line with steel constructed power pole. Considering existing utilities, the property could not be utilized for the construction of any facility and the City would maintain perpetual right of entry.
Mr. Richter informed Council that the committee recommended sealed bids on the property with the City maintaining perpetual right of entry and the right to accept or reject bids.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Street Acceptance - Freedom Drive
The committee recommended that an undedicated portion of Freedom Drive be approved for acceptance in the City of Dover. A surety to cover the cost of uncompleted construction has been provided to the City in the amount of $7,200 for a one year maintenance guarantee.
Mr. Richter moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried by a roll call vote.
McKee Run Tax Ditch
Mr. Richter reported that approval has been received from residents in the area of McKee Road to request that the Superior Court form a McKee Run Tax Ditch. The purpose of the tax ditch is to improve drainage in the general area of College Road and lands west of McKee Road and the surrounding area. Construction costs for the tax ditch are estimated at $10,000; the City’s share being 50% and Soil Conservation Service paying 50%.
Per recommendation of staff, the Utility Committee recommended that the City agree to pay construction costs not to exceed $6,300, with the City performing future maintenance. Mr. Richter stated that these funds are available from the 1963 Storm Drainage Bond Fund.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Boaman and carried by a unanimous roll call vote.
Sewer and Water Revenue Bonding
The committee recommended that the City of Dover initiate legislation that would place the sewer and water fee system improvement account and assets of that department in a separate category, establishing a true enterprise fund that could be supported by revenue bonding. This matter will be discussed by the City Manager and City Solicitor who will be meeting with a bonding attorney.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Carey and unanimously carried.
Mr. Richter moved for acceptance of the Utility Committee Report as submitted, seconded by Mr. Bonar and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met in a workshop session with other members of Council on November 16, 1982 with Chairman Boaman presiding.
Proposed Charter Changes
Section 1A
In accordance with the recommendation of the Legislative and Finance Committee, Mr. Boaman moved that Section 1A of the Charter be amended to change the polling times for annexation referendums from 11:00 a.m. to 8:00 p.m. The motion was seconded by Mr. Hardcastle and by a unanimous roll call vote, Council approved the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to change the time for having the polls open for annexation elections from 1:00 p.m. to 7:00 p.m. to 11:00 a.m. to 8:00 p.m. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE TIME FOR ANNEXATION ELECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking the first sentence in the sixth paragraph of Section 1A in its entirety and inserting a new sentence to read as follows:
At any such election the polls shall be open from 11:00 a.m. to 8:00 p.m.
SYNOPSIS
The purpose of this bill is to change the polling times for annexation from 1:00 p.m. to 7:00 p.m. to 11:00 a.m. to 8:00 p.m. which is in conformity for the time for general elections.
Section 5
The committee recommended that a description of lands lying on the east and west side of U.S. Route #13 be included as a boundary description of the third and fourth Council districts.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle and by a roll call vote, Council unanimously approved the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to clarify the boundaries of the Third and Fourth Districts. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE BOUNDARIES OF THE THIRD AND FOURTH DISTRICTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the second paragraph of Section 5 in its entirety and inserting a new paragraph to read as follows:
In order that the members of Council shall be distributed over the City, the City shall be divided into four (4) representative districts, and two (2) of said members of Council shall be residents of each district. The first district shall be that portion of the City lying south of the center line of North Street, and Hazletteville Road west of State Street; the second district shall be that portion of the City Highway East and North Little Creek Road; the third district shall be that portion of the City lying north of the center line of North Street between the center line of Governors Avenue and the center line of State Street and extending in a northerly direction from Kings Highway and North Little Creek Road, including that portion of the City limits east of the medium strip center line of North U.S. Route #13; the fourth district shall be that portion of the City lying north of the center line of North Street and west of the center line of Governors Avenue, North State Street and the medium strip center line of North U.S. Route #13.
SYNOPSIS
The purpose of this amendment is to update the Charter to conform to the present boundaries of the City of Dover.
Sections 6, 7, & 8
Mr. Boaman stated that the proposed municipal election date change to the third Monday in January was initiated due to the interference caused with the budget setting process when the municipal election is held in the month of April. A change reverting the election date back to January would also necessitate an adjustment in the Mayor and Council petition filing date and an amendment to Section 2-29 of the City Code stipulating the opening and closing dates of voter registration. It is noted that committee member Bonar voted against the committee recommendation.
Mr. Boaman moved that the municipal election date be changed to the third Monday in January of each year as outlined in the resolution to request enactment by the General Assembly. The motion was seconded by Mr. Shevock.
Mayor Carroll presented the following position paper on the municipal election date and other proposed Charter amendments:
“This position paper is submitted to the members of Council for consideration during the deliberation on the Charter changes proposed by the Legislative and Finance Committee. There are three amendments that some members of Council feel are not necessary (tie vote, election date, and balanced budget). The other proposed changed seem to have very little, or no opposition, so I will only address the three proposed changed mentioned above.
The tie vote for the Mayor is very important in that if and when any issue is voted on by the City Council and the outcome is a four to four vote, then without a tie breaking vote by the Mayor, the issue is defeated. This represents indecision and the results represents a no vote by the elected body.
The Mayor is elected by the majority voters that elect the members of Council and he should be allowed to vote on only those issues that result in a tie vote. The members of Council that vote in favor of legislation should at least be given an opportunity to have the tie vote decided. The ones that vote no on legislation are guaranteed their position without the tie breaking vote and the outcome will stand as a no vote.
The next proposed amendment to the Charter is changing the election date back to the third Monday of January from its present date of the third Monday in April.
The election change to April was made for one reason and that was to have the election in a month that may have warmer weather. It was the thought that this would bring more people out on the date of the election. This has not proven to be the case. Issues in the election and the candidate’s bring out the vote.
For 52 years the voting date was always in January and the City of Dover was able to maintain a much lower tax rate with a full service community. Those elected in January were able to set the tax rate they thought was proper and developed a budget for the coming fiscal year that would meet the needs of its citizens. With the election in April it is possible for four out-going Councilmen to set a tax rate that the newly elected will have to live with for the next fiscal year. In addition to this, the budget for the next fiscal year will be prepared by the same out-going Councilmen.
During the last election those running for re-election did not want to set the tax rate until the election was over, thus creating a problem on posting the books and preparing the procedure in the mailing of the tax bills. As it turned out, the tax rate was set after the election and before the newly elected were sworn into office. Election time is when the citizens are given an opportunity to vote into office those individuals that they feel will best represent the City of Dover. When the election is over, those elected to office are mandated by the majority of the elector to do what is best for the City and what they assured the citizens they will try to do. With the election in April there is no way those newly elected can determine the tax rate or be a part in preparing the budget for the next twelve months. If private enterprise conducted its revenue and budgetary procedures in this manner, they would soon be out of business.
The third issue on Charter changes is to mandate the elected official to adopt a balanced budget.
There are four ways any elected body can adopt a balanced budget: over-estimate the income, under-estimate the expenditures, a combination of both, and the eliminating or postponing major capital improvements. If those elected has control of their own tax rate and budget, then this Charter change would make sense. I still believe that all elected officials have the moral responsibility to the people they represent to adopt a balanced budget. This responsibility comes with the oath of office.
Thank you very much for allowing me to submit this position paper. I feel it is important that 20 years of experience in City Government should be passed on to this Council. I was elected by the majority vote and I have an obligation to those that elected me to make sure I do everything in my power to make changes that are in the best interest of the citizens of Dover.
I request that this be made a part of the permanent records of the City of Dover.
CRAWFORD J. CARROLL, Mayor”
Mr. Boaman and Mr. Shevock voiced opinions in favor of changing the election date to the third Monday in January, objecting to the fact that Councilmen leaving office set the tax rate and establish a budget that newly elected officials are mandated to cope with.
Mr. Tudor felt that Councilmen had a learning period and the outgoing officials have the expertise to set the tax rate and budget.
Mr. Bonar felt that elected officials owe the citizen voters a moral obligation to make rational decisions regardless of when they take office and the present municipal election date of April affords all citizens a more pleasant climate to exercise their right to vote.
Mr. Bonar called for the question.
By a roll call vote of five (5) no, three (3) yes (Mr. Boaman, Mr. Carey and Mr. Shevock) the resolution to change the municipal election to the third Monday in January was defeated.
Section 12 - Rate of Pay Per Meeting - Mayor and Council
Mr. Boaman informed Council that the Legislative and Finance Committee recommended no change in the present rate of pay per meeting for Mayor and Council.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried by a unanimous roll call vote.
Section 14 - Mayor’s Vote in Case of Tie
Mr. Tudor stated that the Mayor should not have a vote since he is the executive officer of Council and Councilmen are a legislative body. In addition, a tie vote indicates a weak vote, therefore, that item should be given no further consideration.
It was Mayor Carroll’s opinion that the Mayor has a responsibility to citizens who put him in office and deserves the power to decide certain controversial issues. He further stated that four (4) no votes defeats the item on the floor and deserves further consideration in respect to Councilmen who voted affirmative.
Mr. Boaman moved for approval of the resolution that would amend the Charter, giving the Mayor a vote in case of a tie. The motion was seconded by Mr. Carey. By a roll call vote of five (5) no, three (3) yes (Mr. Boaman, Mr. Hardcastle and Mr. Carey) the motion was defeated.
Section 20 - Condemnation of Building in Case of Health or Fire Menace
Mr. Boaman advised Council that an amendment to this section of the Charter is for the purpose of clarifying language and adds the term “health menace” in the provision that authorizes Council to condemn buildings.
Mr. Boaman moved for adoption of the resolution and act that would amend the Charter as aforementioned, seconded by Mr. Carey and by unanimous roll call vote, Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to enable the City of Dover to condemn any building which is a health hazard. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO CONFERRING UPON THE MAYOR AND COUNCIL OF THE CITY OF DOVER CERTAIN POWERS RELATING TO FIRE PROTECTION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last sentence of Section 20 in its entirety and substituting in lieu thereof the following:
The Council shall have the power to condemn any building or structure or portion thereof that it deems to be a health hazard or constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to eliminate the health hazard or menace of fire.
SYNOPSIS
This Charter amendment permits condemnation for health hazards.
Section 23 - Proposed Amendment Providing for Planning Commission Members from Each Council District
Noting that the Legislative and Finance Committee unanimously recommended approval of an amendment to Section 23 of the Charter that would mandate that Planning Commission members shall contain a representative membership of two commissioners from each Council district, Mr. Boaman stated that he had changed his opinion on the matter.
Mr. Witt moved for approval of the resolution that would provide for two (2) Planning Commission members from each Council district, said Charter amendment also containing a grandfather clause for present members until such time as their terms expire. The motion was seconded by Mr. Bonar.
Mr. Boaman stated that he did not think that the Planning Commission should be representative, but instead be a fact finding authoritating board that should report to the Council and not be representative of a Council district.
Mr. Tudor pointed out his feeling that the Planning Commission should be an equal cross section of each Council district.
Mr. Boaman called for the question.
By a unanimous roll call vote Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to require the City of Dover to have on any Planning Commission which it creates an equitable distribution of members by Council districts. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO REQUIRING THE CITY OF DOVER TO HAVE AN EQUITABLE DISTRIBUTION OF MEMBERS BY DISTRICT ON ANY PLANNING COMMISSION WHICH IT CREATES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding the following to Section 23 of the Charter:
Members of any Planning Commission created by the City shall consist of two (2) members from each Council district and one (1) member serving at large.
All members of the Planning Commission must be residents of the City of Dover.
This amendment shall not affect any members presently serving on the Planning Commission until the expiration of their present terms.
Section 44 - Amendment to Require a Balanced Budget
Mr. Richter moved for adoption of a resolution that would amend Section 44 of the Charter that would purpose that the City’s expenditures not exceed total anticipated income. The motion was seconded by Mr. Shevock.
By a roll call vote of six (6) yes, two (2) no (Mr. Boaman and Mr. Carey), Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to enable the City of Dover to require a balanced budget. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO A BALANCED BUDGET FOR THE CITY OF DOVER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding to Section 44 the following sentence:
The total of proposed expenditures shall not exceed the total of anticipated income.
Section 45 - Deletes Provision for Detailed Reports of Payrolls, Bills, Etc.
Mr. Boaman advised Council that the proposed amendment to Section 45 will alter the Charter in accordance with modern budget accounting.
Mr. Boaman moved for approval of the resolution that would delete the last sentence of Section 45 of the Charter, seconded by Mr. Carey.
Mr. Hardcastle called for the question and by a unanimous roll call vote, Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to enable the City Manager to make his monthly reports to conform with present day methods of budget reporting. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO PERMITTING THE CITY MANAGER TO MAKE HIS MONTHLY REPORTS IN ACCORDANCE WITH PRESENT DAY BUDGET ACCOUNTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last sentence of Section 45.
SYNOPSIS
The purpose of this Charter amendment is to permit the City Manager to make his monthly reports in accordance with modern budget accounting.
Section 47 - Amendment to Eliminate any Reference to Head Tax and Assessment of All Residents - Section 2 of Section 47 Changes Majority of Council “Sitting” to Majority of Council “Elected” - Section 3 of Section 47 Mandates Property Reassessment Every Ten Years
Mr. Boaman informed Council that the purpose of this amendment is to abolish head tax and provide for an independent assessment at least every ten years. It also provides for conforming this section of the Charter with other sections requiring that a majority of Councilmen elected decide appeals from taxpayers.
Mr. Boaman moved for adoption of the resolution to amend Section 47 of the Charter, seconded by Mr. Carey.
Mr. Witt and Mr. Tudor did not agree with Council mandating that a Council of the future reassess every ten years when circumstances at that time may not warrant same.
Mr. Tudor also stated that the City should not conduct a property reassessment until such time that the county performs a reassessment on a county-wide basis.
Mayor Carroll noted that property reassessment is necessary for bonding purposes, therefore, reassessment every ten years should be mandated by Charter.
Mr. Bonar called for the question.
By a roll call vote of six (6) yes, two (2) no (Mr. Tudor and Mr. Witt), Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to enable the City of Dover to delete persons of less than twenty-one (21) years of age from tax assessment and to require the City of Dover to have reassessment of all real property by a certified outside independent appraiser chosen by Council once every ten (10) years. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE EXEMPTION OF PERSONS OF LESS THAN TWENTY-ONE (21) YEARS FROM TAX ASSESSMENTS, AND RELATING TO CONFERRING UPON THE MAYOR AND COUNCIL OF THE CITY OF DOVER CERTAIN DUTIES RELATING TO REASSESSMENT OF REAL PROPERTY REVERY TEN (10) YEARS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the first paragraph of Section 47 of the Charter of the City of Dover and substituting in lieu thereof the following:
That in the year 1950 and every year thereafter, there shall be made a true, just, and impartial valuation and assessment of all real property within the City, locating each parcel of real property by street and number or other description. The said valuation and assessment shall be made by an Assessor or Assessors who shall be elected by the Council at the previous December meeting by majority vote thereof, and an assessor shall be a freeholder within the corporate limits of the City. Before entering upon the duties of his office, he shall be sworn or affirmed by a Justice of the Peace to perform the duties of his office with fidelity and without favor or partiality.
Section 2. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety the part which reads: “the decision of a majority of the Councilmen sitting shall be final and conclusive, provided that no Councilman shall vote on his own appeal” and insert in lieu thereof the following:
The decision of a majority of the Councilmen elected shall be final and conclusive, provided that no Councilman shall vote on his own appeal.
Section 3. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding the following language to Section 47:
Beginning in the year 1983, all real property in the City of Dover shall be reassessed by a certified independent outside appraiser chosen by Council and the same shall be done at least every ten (10) years thereafter. Said appraisal shall be in lieu of the valuation and assessment made by the Assessor chosen by Council as described hereinabove and in lieu of the Assessor’s duties described hereinabove.
SYNOPSIS
The purpose of this amendment is to abolish head tax and provide for an independent assessment at least every ten (10) years. It also provides for conforming this Section of the Charter with other Sections requiring that a majority of Councilmen elected decide appeals from taxpayers.
Section 47A - Proposed New Section - City of Dover 1% Real Estate Transfer Tax
Mr. Boaman explained to Council that it was the Legislative and Finance Committee’s original purpose to establish by Charter a City of Dover 1% transfer tax. After thoroughly discussing the matter, the Committee recommended that the City Solicitor draft a resolution for presentation to the General Assembly requesting their action to provide one-quarter of 2% of the State’s 2% real estate transfer tax to each municipality within the state for all real estate transfers in the confines of respective corporate limits.
Mr. Boaman moved for approval of the resolution, seconded by Mr. Hardcastle and by a unanimous roll call vote, Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly enact a law in accordance with the substance of the provisions set forth in Exhibit “A” attached hereto and incorporated by reference herein and which provides that the City of Dover, and not Kent County, shall have a twenty-five percent (25%) commission raised on collection of the State Realty Transfer Tax from the City of Dover.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND TITLE 30, DELAWARE CODE, AS AMENDED, RELATING TO THE COLLECTION OF REALTY TRANSFER TAX.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 5406 (b), Title 30, Delaware Code, by striking subsection (b) in its entirety and substituting in lieu thereof the following new subsection (b) to read as follows:
“(b) The Department of Finance shall appoint, in each County, either the Recorder of Deeds for that County or the County Department of Finance or County Treasurer, as agent for the sales stamps to be used in paying the tax imposed by this Chapter upon documents and shall allow a commission of twenty-five percent (25%) of the face value of the stamps. The commissions allowed to these agents shall be turned over to the County Treasurer for the County in which the tax is collected, for the use of the County, except that for all real estate transfers within the corporate limits of the City of Dover, the same shall be turned over to the City Treasurer for use by the City.”
SYNOPSIS
This Act permits the City of Dover to receive twenty-five (25%) of the State Realty Transfer Tax when the funds raised therefrom are derived from real estate in the City of Dover.
Section 48 - Deletes Reference to Weighted Voting - Changes Voting Age to 18 Years
Mr. Boaman advised Council that the purpose of the proposed amendment to Section 48 of the Charter is to change the voting age to 18 years, deletes any length of time for residency, permits delinquent tax payers to vote, and deletes weighted voting.
Mr. Boaman moved for adoption of the resolution to amend Section 48 of the Charter, seconded y Mr. Hardcastle. By a unanimous roll call vote, Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to permit persons of eighteen (18) years of age, and resident of Dover without regard to any tax delinquency on their part to vote on the annual tax assessment. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO HAVING A VOTING AGE OF EIGHTEEN (18) YEARS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting in its entirety the first sentence of the third paragraph of Section 48 and inserting the following:
Every resident of the said City who is eighteen (18) years of age and who lives in the City shall be entitled to one vote.
SYNOPSIS
This amendment changes the voting age to eighteen (18) years, deletes any length of time for residency, permits delinquent taxpayers to vote, and deletes weighted voting.
Section 49 - Proposed Amendment to Abolish Reference to Poll Assessment - Provides 1.5% Penalty on Delinquent Taxes
Mr. Boaman explained that the proposed Charter amendment would abolish any reference to poll assessment and a 1.5% per month penalty for failure to take taxes by July 31st of each calendar year.
By motion of Mr. Boaman, seconded by Mr. Witt, Council by unanimous roll call vote, adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to delete the words “and his poll assessment” from Section 49 of the Charter and to change the City of Dover Charter with relation to delinquents in assessed taxes. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
ADOPTED: NOVEMBER 22, 1982
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO DELETING REFERENCE TO POLL ASSESSMENT IN THE CHARTER AND CHANGING THE CHARTER WITH RELATION TO TAX DELINQUENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the words “and his poll assessment” in the fist sentence of Section 49 of the Charter of the City of Dover.
Section 2. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking in its entirety the second paragraph of Section 49 of the Charter of the City of Dover and substituting in lieu thereof the following:
All taxes shall be paid to the collector of taxes. A discount of five percent (5%) shall be allowed on taxes paid during the month of May in the calendar year they were assessed. For all taxes not paid on or before July 31 of each year in the calendar year that it is assessed, there shall be added and collected on and one-half percent (1.5%) (18% per annum) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid.
SYNOPSIS
The purpose of this Charter amendment is to abolish any reference to poll assessment and to provide realistic penalties for the failure to pay taxes on time.
Section 49A - Proposed New Section - Quarterly Billing on New Construction
Mr. Boaman stated the purpose of the proposed amendment to the Charter is to enable the City of Dover to tax newly constructed projects which are completed after the City’s annual assessment. New construction taxes would be levied on a quarterly basis, effective July 1, 1983.
Mr. Boaman moved for approval of the amendment, seconded by Mr. Hardcastle, and by a unanimous roll call vote, Council adopted the following resolution and act:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The City of Dover hereby agrees to request that the General Assembly amend the Charter of the City of Dover, being Chapter 158, Volume 36, Laws of Delaware, as amended, to enable the City of Dover to levy an assessment on new construction completed after the regular annual property assessments of the City. Such request shall be in accordance with the substance of the provisions set forth in Exhibit “A” which is attached hereto and incorporated by reference herein.
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, AS AMENDED, RELATING TO CONFERRING UPON THE MAYOR AND COUNCIL OF THE CITY OF DOVER CERTAIN POWERS RELATING TO THE COLLECTION OF PROPERTY TAXES ON NEW CONSTRUCTION WITHIN THE CITY OF DOVER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 158, Volume 136, Delaware Laws, as amended, by adding a new section, to wit: Section 49(A).
49 (A) ASSESSMENT, PAYMENT, AND COLLECTION OF TAXES FOR NEW CONSTRUCTION.
In the event that the Mayor and Council of the City of Dover desire to collect and levy taxes on newly constructed property not taxes by virtue of the City’s annual assessment, the City may enact an ordinance to do so provided that:
Beginning in July, 1983, and for each quarter of each year thereafter, there shall be a true, just, and impartial valuation and assessment of all newly constructed real property within the City, locating each parcel of real property by street and number or other description. Property shall be deemed to be newly constructed when the City permits occupancy and use. The said valuation and assessment shall be made by an Assessor or Assessors who shall be elected by Council in accordance with the provisions set forth in Section 47 of this Charter.
The assessment as aforesaid shall be during the months of January, April, July, and October of each year beginning in July 1983.
The assessment made as described hereinabove shall be deemed a general assessment for all properties with new construction.
The assessment for new construction shall be set down by the Assessor and Assessors in two (2) or more copies as the Council shall direct, and shall be delivered to the Council as soon as made.
The Council may direct appeals from any general assessment for new construction in accordance with Section