REGULAR MEETING
May 24, 1982
The Regular Meeting of Council was held on May 24, 1982 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Tudor, Boaman, Hardcastle, Carey, Bonar and Shevock. Councilman Witt was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested additional agenda items to discuss quarterly tax billings on new construction and a request from the Division of Historical and Cultural Affairs, State of Delaware, that the City of Dover contribute a portion of funds to finance a Fourth of July celebration.
PROCLAMATION - PARKS AND RECREATION MONTH
Mayor Carroll issued the following proclamation:
WHEREAS, the Month of June, 1982 has been nationally recognized and observed as Recreation and Parks Month; and
WHEREAS, this month has been recognized by the Delaware Recreation and Parks Society; and
WHEREAS, suitable and positive leisure experiences are vital to good physical and mental health and enhances the quality of life for all peoples; and
WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and
WHEREAS, the City of Dover recognizes that the efforts of the professional Park and Recreation staff have enhanced the services available to the City residents;
NOW, THEREFORE, I, CRAWFORD J. CARROLL, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of JUNE, 1982 as Recreation and Parks Month to be recognized as such by the residents of the City of Dover.
ADOPTION OF MINUTES - ANNUAL MEETING OF MAY 10, 1982
The Minutes of the Annual Council Meeting of May 10, 1982 were unanimously approved by motion of Mr. Boaman, seconded by Mr. Bonar and bore the written approval of Mayor Carroll.
MONTHLY REPORTS
By motion of Mr. Hardcastle, seconded by Mr. Carey, the following monthly reports were unanimously approved:
Chief of Police Report for the month of April
Building Inspector & Fire Marshal Report for the month of April
City Alderman Report for the month of April
City Manager’s Report for the month of April
J.P. Court #7 Report for the month of April
General Operating Fund, Cash Receipts Report for the month of April
General Operating Fund, Budget Report for the month of March
Water/Sewer Fund, Cash Receipts Report for the month of April
Water/Sewer Fund, Budget Report for the month of March
Inter-governmental Service Fund, Revenue and Budget Report for the month of March
Electric Revenue Fund, Cash Receipts Report for the month of April
Electric Revenue Fund, Budget Report for the month of March
Electric Improvement & Extension Budget, Cash Receipts & Disbursements Report - March
UTILITY COMMITTEE REPORT
The Utility Committee met on May 12, 1982 with Chairman Richter presiding.
Mr. Richter informed Council that the Utility Committee basically met to review all pending referrals and his committee will be submitting recommendations in the near future. In addition, the Utility Committee will be meeting, on a regular basis, on the Wednesday following the first Council Meeting.
Storer Communications - Request for Rate Increase
Mr. Richter recognized the efforts and unselfish donation of time of Mr. Irving Levitt, a civilian member of the committee, who conducted most of the investigation and review of Storer Communications’ records, enabling the committee to weigh the facts and arrive at an amiable decision.
Mr. Richter stated that Storer Communications’ request for a 5.5% increase in the base rate as submitted several months ago. The current rate of $6.85 per month for the basic service and 95¢ per month for each additional outlet was established in 1978. Storer’s request was based on the inflationary trend and a large outlay of monies to improve the system.
The request would involve an increase of the base rate to 47.22 per month and a $1.05 per month for each additional outlet. The new rates, as quoted, include a 5% state tax.
After a complete review of the facts submitted, the committee unanimously recommended approval of the rate increase.
PUBLIC HEARING - STORER COMMUNICATIONS RATE INCREASE
A public hearing was duly advertised to consider a rate increase request submitted by Storer Communications Cable T.V., that would raise the monthly base charge from $6.85 per month to $7.22 per month, including state tax, and 95¢ per month to $1.05 per month for each additional outlet, including state tax.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the requested rate increase.
Mr. Richter moved for approval of the rate increase as recommended by the Utility Committee, seconded by Mr. Carey and by a unanimous roll call vote (Mr. Witt absent), the motion was carried.
Mr. Bonar moved to accept the Utility Committee Report as submitted, seconded by Mr. Carey and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 17, 1982 with Chairman Boaman presiding.
Billing of Certified Mailings and Application Fee - Rezonings
Mr. Boaman advised Council that the Legislative and Finance Committee reviewed Section 5.12 of the Zoning Code and unanimously recommended that a public hearing be held on June 14, 1982 at 7:30 p.m. to consider amending the ordinance, striking out the requirement for certified mail in notifying property owners living within 150' of proposed rezonings. In addition, the application fee would be increased from $25 to $50. The aforementioned amendments are to be effective July 1, 1982.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried by a unanimous roll call vote (Mr. Witt absent).
Printing of Historical Sketch - Preface in Code Book
The committee was advised by the City Clerk that a historical sketch, contained in the old Nimlo printing, was omitted by Municipal Code in the recodification process. The historical sketch dates back to the ownership of lands encompassing the State of Delaware by the Duke of York. The cost of printing said historical sketch would amount to approximately $72.
Noting that the historical sketch would be a valuable, informational addition to the Code Book, the committee recommended that the City Clerk be authorized to print the information as an addition to the recodification by Municipal Code.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Bonar and unanimously carried.
Budget Review and Update
The committee reviewed the 1982/83 fiscal budget that included a discussion on modification of solid waste pickup.
Mr. Boaman stated that this item would be considered in public hearing as the next item on the agenda.
Anti-Trust Activities in Municipalities - Authorization to Select Legal Specialists
Per a recommendation by City Manager Bartolotta, the committee recommended that the Solicitors from the City of Dover, the City of Newark, and the City of Wilmington, select legal specialists to draft legislation related to anti-trust activities in municipalities.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and unanimously carried.
Legislative and Finance Committee - Membership
The committee recommended that Section 2-77 of the Municipal Code be amended to provide for four (4) members on the Legislative and Finance Committee, three (3) being elected officials and one (1) civilian members.
Establish Policy for Submission of Annual Reviews by Council Appointees and their Employees
Mr. Boaman advised Council that is has been a practice of some Council appointees to submit their annual reviews and/or reclassification requests to the Legislative and Finance Committee for approval while other appointees have utilized the Office of the City Manager. It was his committee’s desire to set a uniform policy for Council appointees’ reviews and that of their employees.
The committee unanimously recommended that all Council appointees submit their reviews to the Legislative and Finance Committee for approval and signature of the chairman prior to submission to the City Manager’s Office. The committee noted that the City Manager’s Office would not become involved in any pay raises or reclassifications related to Council appointees or their employees other than a check to determine of proper pay scales are followed. Evaluation forms related to each employee of the various departments would be submitted to the Legislative and Finance Committee. The committee also recommended that they be authorized to utilize any information available before approving any requests from the office of an appointee.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Witt absent).
PUBLIC HEARING - SOLID WASTE COLLECTION ORDINANCE AMENDMENT
Mr. Bartolotta referred to a Council Action Form submitted by staff, outlining five alternatives on the subject of solid waste collection.
After an in-depth study, the City Manager recommended changing the refuse collection pick-up frequency to once a week, effective October 4, 1982. The study included a recommendation to decrease the monthly collection fee from $7.33 to $5.50 for the months of July, August and September. The solid waste collection fee would be entirely eliminated on October 4, 1982.
Mr. Bartolotta stated that once per week trash collection is not unique throughout the country since 57% of all municipalities in the country utilize this system. The most significant reason for recommending once per week trash service is purely an economic move. The present $325,000 deficit for the 1982/83 budget would be reduced by $212,000 if the aforementioned is adopted. He added that once per week trash pick-up is a much more efficient method of operation.
The City Manager advised Council that an implementation date of October 4, 1982 would afford staff the opportunity to reduce employee numbers in the Trash Department and eliminate any problems that might exist in the method of collection.
Mayor Carroll declared the hearing open.
Mr. Benjamin Boines of 198 Haman Drive, Wedgewood, felt that once a week trash pick up was being expounded as a method of cutting costs when it is really a method to cut services. If adopted, it was his opinion that trash would be more prevalent on the streets. He suggested raising taxes instead of reducing the service level or transfer the responsibility of trash pick up to the County.
Mr. Jack Fisher, President of the Dover Council of Civic Organizations, expressed concern for excess litter, an increase in rodents, and health hazards if once per week trash pick-up is adopted. He requested a serious effort to educate citizens and enforce the related ordinances.
Mr. James Burcham of 298 Kings Highway, N.E., was in favor of once per week trash pick-up if the City included in their plans a large trash dumpster, located at the site of the former Treatment Plant, for citizen’s use if necessary. Mr. Burcham suggested an identifying sticker on vehicles that could be authenticated by the dispatcher on duty at the plant.
Mr. Bernard Coleman of 194 Haman Drive was concerned with apartment complexes such as Wedgewood, with overflowing dumpsters. This problem now exists, he stated, with twice per week trash pick-up.
Mayor Carroll declared the hearing closed.
As chairman of the Utility Committee, Mr. Richter advised Council that the Utility Committee recommended approval of once per week trash pick-up, as outlined in alternative #1, submitted by staff.
Mr. Richter moved that Council instruct the City Manager to institute once per week trash pick-up throughout the City, effective October 4, 1982 and the period from the present until October 4, 1982 be utilized to design the system that assures once per week collection regardless of holidays. In addition, the system would continue Wednesday special pick-ups and that consideration be given to refuse collection centers as suggested by Mr. Burcham; further, that Council adopt the amended ordinance, Chapter 8 of the Municipal Code and the City Manager’s recommendation that the trash fee be decreased to $5.50 per month for the months of July, August and September. The motion was seconded by Mr. Boaman.
Mr. Shevock emphasized the importance of utilizing the time period up to October 4th for educational purposes to the public.
Mr. Shevock called for the question and by a roll call vote of six (6) yes, one (1) no (Mr. Carey), (Mr. Witt absent), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is hereby amended by deleting Chapter 8, SOLID WASTE, in its entirety and by substituting therefor the following:
CHAPTER 8
SOLID WASTE
Sec. 8-1. Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
Alley: Any public way, generally of less width than a street, used for public utility purposes and right-of-way and as an alternate secondary or emergency route for vehicle and pedestrian traffic, generally situated at the rear of or along side a tier of lots.
Apartment: A suite or set of rooms with necessary appurtenances in a building occupied or suitable to be occupied as a dwelling unit.
Apartment complex: An assemblage of large multiple dwelling unit buildings located in Zones RG-2 and RG-4 as defined by the City of Dover Ordinance and Regulations.
Apartment house: An owner-occupied, dwelling unit with apartments or a building, formerly a residence, converted into apartments.
Brush: Nonputrescible solid waste consisting of tree, shrub and hedge clippings, providing that trunks and limbs do not exceed three (3) inches in diameter and are cut in lengths not to exceed four (4) feet.
Building Code: The current edition of the City Building Code.
Commercial establishment: Any structure intended or used for the purpose of conducting a commercial business enterprise.
Container: A receptacle for the deposit of solid waste.
Health Inspector: The head of the health department, or anyone authorized to act for him.
Drive-in service: Service involving City sanitation department employees driving in on private property to collect commercial accounts.
Duplex: A structure intended for the use and occupancy as two (2) family dwelling units.
Dwelling unit: A dwelling unit as defined by the city’s building code.
Food establishment: A café, restaurant, or other similar establishment serving food or food products, including quick service drive-ins where food is prepared or served.
Garbage: Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products.
Illegally dumped solid waste: Any solid waste placed on properties with or without the consent of the owner or person in control where such waste constitutes a nuisance detrimental to the public health and welfare.
Institution or institutional: Any church, church building or structure housing any charitable, philanthropic or eleemosynary undertaking, or any school, or any publicly owned or governmental building.
Manager: The person in charge of real estate used for apartment, institutional or commercial purposes.
Manual collection: The service rendered in collecting municipal solid waste from containers, which containers can be handled in part by men picking up the containers as distinguished from picking up containers by mechanical means and which containers are too large for handling by manual means.
Municipal solid waste or solid waste: Solid waste resulting from or incidental to municipal, community, trade, business, and recreational activities, including garbage, rubbish (or trash), ashes, street cleanings, and all other solid waste other than industrial solid waste.
Newsprint: A common and inexpensive machine-finished paper made chiefly from wood pulp, including, but not limited to, newspapers, magazines, periodicals, telephone books and catalogues.
Occupant: The person residing in a dwelling unit, specifically the head of such household.
Owner: The record title holder of real property.
Permittee: Any person licensed by the Delaware Solid Waste Authority to contract to collect, remove or dispose of solid waste.
Property line: The peripheral boundary of real estate.
Public easement: A right-of-way used or dedicated to be used by any public utility, including, but not limited to, services such as electricity, telephone, gas, solid waste collection, water, sewer and drainage.
Public way: Any street, alley, easement or other right-of-way.
Residence: A structure intended for the use and occupancy as a one family unit.
Rubbish or trash: All waste or refuse of any kind, including garbage, either combustible or noncombustible in nature, having little or no value except as waste or refuse.
Sanitary landfill: A method of disposing of municipal solid waste on land without creating a nuisance or hazard to public hearing or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area to reduce it to the smallest practical volume, and to cover it with a layer of earth at appropriate intervals.
Street: Any public thoroughfare for the passage of vehicle and pedestrian traffic.
Vehicles: Any wheeled conveyance.
Sec. 8-2. Unlawful deposits.
(a) It shall be unlawful for any person to place, deposit, discard, or otherwise cause to be put, brush, garbage, rubbish, or any other type of waste, on any outside premises within the city, whether public or private, in such a manner as to cause unsanitary, unsightly, or unhealthy conditions except at such places as are, have been, or shall be designated by the City Manager and except in accordance with other provisions of this chapter. The term “outside premises” shall be construed to include streets, alleys, sidewalks, ditches, yards, lots, fields, streams, and exterior portions of buildings.
(b) The City Manager or his designee shall regularly inspect all outside premises to enforce the provisions of subsection (a). The City Manager or his designee shall issue citations for violations hereof and may abate such conditions pursuant to the provisions of the Charter and the Municipal Code of the City of Dover.
(c) In the prosecution of subsection (a) the following presumptions shall apply:
(1) If the condition resulting from the violation was found on premises owned and/or occupied by the person to whom notice was given, then it shall be presumed that said owner and/or occupant was responsible for said condition. If the person to whom notice was given fails to remove or otherwise correct said condition without notifying the City Manager for his failure to do so within ten (10) days, then it shall be presumed that the said person notified was in fact responsible for said conditions not being removed. The presumptions described above are rebuttable by the person charged and must be rebutted by clear and convincing evidence in order for the person so charged to be exonerated.
(2) If the condition resulting from the violation was found on the property whereon multiple dwelling units exist and the party actually committing the violation cannot with reasonable certainty be determined, then it shall be presumed that the owner or manager of the subject premises upon being given notice, is the party responsible for ensuring that the condition is removed from the premises.
Sec. 8-3. Litter, trash, etc., falling from vehicles prohibited.
It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck or other vehicle within the limits of the city to transport litter, trash, or garbage unless said vehicle is covered to prevent its contents from blowing, dropping or falling off or otherwise departing from the vehicle. In addition, any person operating his own truck or other vehicle to transport litter, trash or garbage shall take reasonable steps to prevent its contents from blowing, dropping or falling off or otherwise departing from the vehicle. Provided, no vehicle hauling predominately metallic material shall be required to be covered if it is loaded in a manner which will prevent such material from falling or dropping from the vehicle.
Sec. 8-4. Containers generally.
(a) Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with a sufficient number of solid waste containers to:
(1) provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers.
(b) Solid waste containers shall be water-tight and constructed of a solid and durable grade of metal or plastic material. Plastic bags may be used as solid waste containers provided they conform to the requirements of Section 8-4(h) of this Chapter.
(c) In the case of those containers which are manually emptied by the sanitation service employees of the city, the combined weight of the waste and container shall not exceed seventy-five (75) pounds.
(d) Underground containers are prohibited for use in the city.
(e) All containers (except plastic bags) shall be provided with suitable lifting handles on the outside and a close-fitting or other approved cover equipped with a handle, and shall not exceed thirty (30) gallons.
(f) Containers shall not contain any inside structures, such as bands or reinforcing angles or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated or that have become damaged to the extent that the covers therefor will not fit securely or that they have jagged or sharp edges capable of causing injury to sanitation service employees or other persons whose duty it is to handle such containers shall be condemned by the city and if such containers are not replaced after notice to the owner or user, such containers will be removed along with the contents thereof.
(g) The lid shall be close-fitting and shall remain in place covering the container or receptacle at all times when there is any material in the container. The lid may be attached by an appropriate means to the rack upon which the containers are placed or to an adjacent fence or other appropriate fixed object in order to prevent the lids from getting into the pathway of vehicles, provided however, that no lid shall be attached to the container itself. Containers which have the lids directly attached to them constitute a hazard to sanitation service employees engaged in the collection of solid waste and shall be condemned by the city, and if such attachments are not removed after notice to the owner or user, such containers will be removed along with the contents thereof.
(h) Plastic bags shall be constructed of a material and in a manner sufficiently adequate in strength and weight to keep contents from rupturing bag. All plastic bags shall be secured at the top to prevent spillage.
Sec. 8-5. Removal of bulky materials and construction debris.
(a) Bulky material: Special arrangements shall be made with the City Manager for collection of brush, tree clippings or other substances too bulky to be placed in those refuse containers permitted by Section 8-4.
(b) Construction debris: Construction debris shall not be collected by the City and shall be removed by the owner.
(c) Refuse deposits prohibited; exceptions; duty to remove.
(1)Depositing prohibited. It shall be unlawful and a nuisance for any person to throw, deposit or wash or permit to be thrown, deposited or washed, any advertising matter, paper, rubbish, refuse, garbage, grass clippings, brush, etc. or other offensive matter upon any street or other public place or in or upon any private property, except as otherwise provided in subsection (2).
(2)Leaf accumulations. The placing of leaves in the City streets is prohibited, except during leaf collection scheduled by the City Manager.
(3)Duty to remove. It shall be the duty of any person violating the provisions of this Section to immediately remove the unlawfully deposited rubbish, garbage, refuse, or other offensive matter upon notification by the City Manager or his designee.
8-6. Items city will not collect.
(a) The scope of the service rendered by the city’s sanitation department in the collection and removal of solid waste materials is intended, in general, to serve the needs of swelling units and their directly related activities, operating businesses, and commercial establishments except as exempted from the provisions of this chapter. It is considered to be beyond the scope of such service to collect or remove solid waste materials generated by clearing, construction, demolition and other such solid waste materials resulting from an activity beyond the scope described above.
(b) The following solid wastes shall not be collected and removed by the sanitation department as a regular service:
(1)Rock, scrap building materials or other trash resulting from construction, remodeling or destruction by fire, the elements, acts of God or other causes resulting from a general cleanup of vacant or improved property or trees, brush and/or debris cleared from the property in preparation for construction of occupancy. Such materials shall be removed at the expense of the owner or developer.
(2)Industrial wastes resulting from manufacturing or processing operations, including waste from food and vegetable produce houses, poultry dressing establishments, meat processing and meat packing plants must be disposed of by the owner or occupant of the building, business or premises where such wastes originate in the manner prescribed by state law and any other applicable ordinance. The City Manager shall determine what wastes fall within this Industrial classification.
Sec. 8-7. Frequency of collection.
Except as provided in Sec. 8-10, the City Manager shall, in his discretion, divide the City into districts and shall schedule the collection of solid waste in those districts on the day or days and at the time or times that shall be most efficient and convenient. Adequate notice of the collection schedules shall be given to the residents of the City.
Sec. 8-8. Collection from residences, duplexes, and apartment houses.
(a) All collection of solid waste materials from residences, duplexes or apartment houses shall be by city sanitation department’s crews or contractors hired or contracted by the City; such service shall not be performed through any other person.
(b) It shall be unlawful for any person to place any solid waste container within any alley or any public utility easement or public way, except on designated collections days at the curb line or rear lot line if serviced by an alley.
(c) In the event a fence is constructed with an inset space for the placement of solid waste containers outside the fence, but inside the lot line, containers placed therein shall be protected from overturn or spillage by a rack.
(d) Where a residence, duplex or apartment house is not served by an alley, public utility easement or other public way in the rear or alongside thereof, all containers shall be placed just behind the curb line of the street abutting such property, but shall not be placed where the containers will interfere with vehicular or pedestrian traffic.
(e) Where solid waste is collected from the front or side street, containers shall be placed there no earlier than 7:00 a.m. of the collection day and shall be removed to a point at the side or rear of the structure not later than 8:00 p.m. of the day of collection.
(f) Solid waste containers shall be placed at locations and under such conditions approved by the City Manager for collection service by the sanitation department.
Sec. 8-9. Collection of rubbish, trash or brush from residences, duplexes, and apartment houses.
(a) Rubbish, trash or brush normally shall be collected from residences, duplexes and apartment houses from the alley, when it is paved, and from the street, when the alley is not paved or when no alleys exists or is not serviceable.
(b) Where rubbish or trash or brush is collected from the alley, public utility easement or other public way, but is collected from the street, it shall be placed just behind the curbline of the street abutting the premises, but shall not be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic.
(c) Where rubbish or trash or brush is not collected from the alley, public utility easement or other public way, but is collected from the street, it shall be placed just behind the curbline of the street abutting the premises, but shall not be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic.
(d) Where the quantity of brush set out for collection is excessive, the City Manager shall determine the amount of brush to be collected at any one time, the day of its collection and any other matters pertaining to brush collection in order not to disrupt normal service to other premises.
(e) Rubbish or trash consisting of small, loose items shall be placed in an approved container.
(f) All boxes and cartons must be broken down and bundled and no bundle shall exceed fifty (50) pounds in weight for collection by the City.
Sec. 8-10. Collection from apartment complexes, institutions and commercial establishments.
The manual collection and removal of solid waste materials from apartment complexes, institutions and commercial establishments, as defined herein, shall be performed by city sanitation department crews only where the containers conform to the requirements of containers for residential, duplex or apartment house collection service. Provided, however, that apartment complexes, institutions and commercial establishments may use larger containers than those allowed for residences, duplexes or apartment houses as long as the capacity of the larger containers is not in excess of two (2) cubic yards. Where larger waste containers are used, the owner or occupant of the premises shall have the option of disposing of solid waste materials through his own efforts and at his own expense or may contract with persons who are permitted to collect and remove solid waste materials. The placement of containers for collection from apartment houses, institutions, and commercial establishments in the City shall be as approved by the City Manager.
Sec. 8-11. Collection from downtown areas.
(a) The collection of solid waste materials from the downtown area, as described herein, shall be governed by all the provisions of this Chapter pertaining to apartments, institutions, and commercial establishments, except that no solid waste materials or containers of any kind shall be placed for collection on the public street, sidewalks, alleys or easements of the City prior to 6:00 a.m. on the day of collection, and all containers which must be manually emptied shall be removed not later than 10:00 a.m. on the day of collection.
(b) Where collection service is furnished by the City to these premises, all provisions of this Chapter which are applicable to residences and duplexes shall apply.
(c) At any of the establishments in the downtown area where there is insufficient space between any structure and the alley property line, the easement property line, or street property line to permit the placing of waste containers as required by the provisions of this chapter relating to residences and duplexes, the containers may be placed in such public way at the very boundary thereof so as to permit the passage of pedestrian and vehicular traffic, or at a time other than as set out in subsection (a) subject to the approval of the City Manager.
(d) The downtown business area shall include that area bounded by the Loockerman Street Bridge on the east, and the Pennsylvania Railroad on the west, North Street on the south and Reed Street on the north.
Sec. 8-12. Processing and disposal.
(a) The use of disposal sites, transfer stations, or other disposal facilities operated by the city is restricted to the City sanitation department, city residents, city businesses or such commercial haulers as may be authorized to haul solid waste materials for them. Individuals bringing trash or rubbish to disposal sites must present a valid drivers license as proof of residency.
(b) Any person entering upon a city-operated disposal site for any purpose shall be conclusively presumed to know and appreciate the hazards and the extent of the damage which accompanies the accumulation of scrap wood, glass, nails, trash, brush, and waste of every description; and the use of trucks, vehicles and heavy machinery and waste of every description; and the use of trucks, vehicles and heavy machinery to move, remove, bury and dispose of same; every person entering upon any such site shall be conclusively presumed to have assumed the risk of injury connected with or resulting from such hazards and danger, and by his or her actions in entering upon such site, and for and in consideration of the permission granted by the city to enter upon such site, every person shall covenant and be deemed to have covenanted not to sue and to indemnify, save harmless and defend the city, its agents, officers and employees from and against any and all claims of any nature whatsoever for injury or damage to person or property whether real or asserted, arising out of or resulting from the entry by such person upon any city operated disposal site.
(c) It shall be unlawful for any person to take, remove or carry away from any processing or disposal facility operated by the city any garbage, rubbish, trash or other solid waste materials, article, thing, or object situated thereon, whether or not same has monetary value, without prior written permission and approval of the City Manager. In prosecutions for this offense, it shall not be necessary to describe the thing or things taken, removed or carried away other than as generally described herein or as “article”, “thing”, or “item”, and it shall not be necessary to allege that the same had “value”.
(d) The City Manager shall have the authority to designate which processing and/or disposal sites are to be opened to the public and which are to be restricted to municipal vehicles only, provided that no processing or disposal facility within the city will be opened to solid waste materials originating outside the city limits.
Sec. 8-13. Rules and regulations.
The City Manager is hereby authorized to make additional reasonable rules and regulations for the administration of the solid waste collection for services of all types performed in the City provided that no such regulations and rule contravene the specific provisions of this article and are in no way inconsistent with the established policies of the City Council.
ADOPTED: MAY 24, 1982
Mr. Richter moved for approval of the Utility Committee Report as submitted, seconded by Mr. Bonar and unanimously carried.
PUBLIC HEARING - REZONING - 407 LOOCKERMAN STREET - D.W. BLUMBERG, I. WOLSON & R. JOYEUSAZ
A public hearing was duly advertised for this time and place to consider rezoning 407 Loockerman Street, owned by D.W. Blumberg, I. Wolson & R. Joyeusaz. Mayor Carroll declared the hearing open.
Mr. Able Winder of 415 W. Loockerman Street, was present to protest the rezoning and presented the following names, which he stated were in support of his opinion:
Maria Smith James & Mary Marshal
Mabel Rias John LePore
S. Washington Minnie Fenwick
Mr. Winder was concerned that the rezoning would allow heavy business in the area, damaging property value. He pointed out the lack of parking facilities and questioned the type of businesses that might be permitted in the facility if the present operation were to move.
Deputy Solicitor Catts, upon request by Mayor Carroll, explained the provisions of the C-3 zoning text that protects property owners in the surrounding area.
Mayor Carroll added that the rezoning would not affect Mr. Winder’s property and if any major changes in the facility were contemplated, site approval would be necessary before these changes could be initiated.
Mr. Roe informed Mr. Winder that the owner of the business in question has leased the southwest corner of Loockerman and Queen Street, from Dr. Bertram Widder, to be utilized for parking. He added that the rezoning from C-2 to C-3 would merely allow the company to sell their product off premises as an outlet. The present operation would not be changed.
Mr. Richard Joyeusaz, one of the owners of the property, pointed out that the present business occupying the building has done so for the past year and has created no problems as far as complaints from neighboring residents. He advised Council that the building was empty for six months and felt that an occupied building would be much more advantageous to the neighborhood.
Mr. Woodrow Cantrell, a partner of the business in question, informed Council that he must move his product off of the premises as would be provided in a C-3 zoning in order to keep the operation financially stable. His plans are to maintain a retail operation in the front of the building. Mr. Cantrell substantiated the question of parking by informing those present that the lot on the southwest corner of Loockerman and Queen Streets has been leased from Dr. Widder. A tentative agreement is now being discussed with Mr. Trifillis for parking on his property.
If the rezoning request is not approved, Mr. Cantrell stated that he would still maintain the building, but only as a warehouse and pointed out the disadvantage of any empty building in the neighborhood.
Questioned by Mr. Tudor, Mr. Cantrell stated that there are presently 18 employees working in the facility with plans to increase that number to 22 or 25 maximum.
Mayor Carroll declared the hearing closed.
By motion of Mr. Boaman, seconded by Mr. Carey, Council by a unanimous roll call vote, (Mr. Witt absent) adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 407 LOOCKERMAN STREET.
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 property described below from C-2 to C-3.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-2 to C-3 on that property located at 407 Loockerman Street, owned by D.W. Blumberg, I. Wolson and R. Joyeusaz.
ADOPTED: MAY 24, 1982
PUBLIC HEARING - REZONING - PROPERTY ON WEST SIDE OF MCKEE ROAD, NORTH OF STATE COLLEGE ROAD - BENJAMIN SMITH, JR.
A public hearing was duly advertised for this time and place to consider rezoning a property located on the west side of McKee Road, north of State College Road, owned by Benjamin Smith, Jr.
Mayor Carroll declared the hearing open.
There was no one present to speak for or against the rezoning and no correspondence. The Planning Commission unanimously recommended approval.
Mayor Carroll declared the hearing closed.
By motion of Mr. Hardcastle, seconded by Mr. Bonar, Council by a unanimous roll call vote (Mr. Witt absent) adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE WEST SIDE OF MCKEE ROAD, NORTH OF STATE COLLEGE ROAD.
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 property described below from R-20 to R-8.
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 Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from C-2 to C-3 on that property located on the west side of McKee Road, north of State College Road.
ADOPTED: MAY 24, 1982
ORDINANCE AMENDMENT - SECTION 2-77 - LEGISLATIVE AND FINANCE COMMITTEE MEMBERS
Per recommendation of the Legislative and Finance Committee, Mr. Boaman moved that Sec. 2-77 of the Municipal Code be amended, providing for four (4) members on the Legislative and Finance Committee with three (3) being elected officials, appointed by the Mayor, and one (1) civilian member.
The motion was seconded by Mr. Hardcastle and by a unanimous roll call vote (Mr. Witt absent) Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Code of Ordinances, City of Dover, is hereby amended by striking in its entirety subpart (a) of Sec. 2-77 and inserting therein the following:
(a) The Legislative and Finance Committee shall be composed of four (4) members appointed by the Mayor, subject to confirmation of a voting majority of the City Council, with any nominee not entitled to vote. Three (3) of the members shall be elected City officials. The members of the Committee shall serve one (1) year terms unless sooner removed.
ADOPTED: MAY 24, 1982
CIVILIAN MEMBER - LEGISLATIVE AND FINANCE COMMITTEE APPOINTMENT
Based on a recommendation from the Legislative and Finance Committee, Mayor Carroll presented the name of Sherman Townsend to serve as a civilian of the Legislative and Finance Committee.
Mr. Boaman moved for approval of the appointment, seconded by Mr. Bonar, and by a unanimous roll call vote (Mr. Witt absent) the appointment was approved.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, the Legislative and Finance Committee Report was approved as submitted.
SPCA - ANNEXATION REFERENDUM RESULTS
City Clerk Willis reported one (1) vote cast in favor of annexation of the SPCA facility, located on Horsepond Road. President of the SPCA, Gary Houpt, was designated by the corporation to cast the vote; said designation being accompanied by written notification of a meeting of the Board of Trustees for the Kent County Society for the Prevention of Cruelty of Animals on March 8, 1982, signed by Ivy Davis, secretary to the Board of Trustees, and containing the seal of the corporation.
Mr. Bonar moved for acceptance of the report concerning the SPCA annexation referendum, seconded by Mr. Richter and unanimously carried. (It was noted by the City Clerk that the annexation referendum was certified by Kent County election officials.)
By motion of Mr. Richter, seconded by Mr. Carey, Council by a unanimous roll call vote, (Mr. Witt absent) adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, a recent amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area northeast of the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment of the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred, Kent County State of Delaware and more particularly described and bounded therein shall be annexed to and included within the limits of the City of Dover:
ALL that certain parcel of land in East Dover Hundred, Kent County, Delaware, lying north of Horsepond Road, and about 1150' northwest to Janes Road, said Janes Road being within Dover Brook Gardens subdivision, and bounded as follows:
Beginning at a point in the north line of Horsepond Road, it being the present boundary of The City of Dover, said point being also in the centerline of an old county road; thence, westerly with the north line of Horsepond Road by the arc of a circle curving to the right, having a radius of 2839.9', a distance of 198' to a point, corner for this and lands now of Edward J. Troise, Sr.; thence, with line of Troise, N 0° 51' E, 55' to a point in centerline of old county road, corner for this, lands of Troise, and lands now of The State of Delaware; thence, with centerline of old county road and lands of State of Delaware, the following courses and distances: (1) S 58° 00' E, (2) S 52° 10' E, 144', (3) S 0° 51' W, 486.1', (4) S 6° 40' W, 92.5' to the point and place of beginning.
Containing about 2.1 acres of land (0.003 square miles).
2. That the certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith files for record with the Recorder of Deeds for Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 25th day of May 1982 at 12:01 a.m. o’clock.
ADOPTED: MAY 24, 1982
LOOCKERMAN STREET PARK PROJECT
Mr. Roe advised Council that the Planning Commission, upon referral from Council unanimously approved the Loockerman Street Park Project, located on the site of the old Pierce Building. The plan was presented to the Commission by City Manager Bartolotta.
As chairman of the Parks and Playgrounds Committee, Mr. Hardcastle moved to go on record as approving the Loockerman Street Park Project. The motion was seconded by Mr. Carey and unanimously carried.
DISPOSAL OF CITY OWNED PROPERTY ON CHARLES DRIVE
Mr. Bartolotta advised Council of a request to deed a parcel of City owned land to an adjacen