REGULAR MEETING
The Regular Meeting of Council was held on November 10, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt, Carson and Richter.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA DELETION
Mr. Mogan requested that item #7, covering a public hearing to amend the sewer ordinance, to include an industrial cost recovery provision, be deleted. He stated that President Carter has signed Senate Bill #2725, repealing the industrial cost recovery provision as mandated by EPA. This matter is now public law 96-483.
AGENDA ADDITIONS
Mr. Hayes requested an executive session following Council adjournment to discuss reassessment with J.M. Cleminshaw Company.
Mr. Mogan requested an executive session to discuss personnel and security matters.
Mr. Willis requested additional agenda items under correspondence, in reference to a request from the American Cancer Society, cable television service and notification of a parade in Newport, Delaware on November 16th honoring Dallas Green, Manager of the Philadelphia Phillies.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 27, 1980
The Minutes of the Regular Council Meeting of October 27, 1980 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt and bore the written approval of Mayor McDonough.
TRAFFIC SIGNAL - PEAR STREET AND WALKER ROAD
Mr. Boaman informed Council of a meeting with the School Board with Mr. Carson, Mr. Mogan and Chief Klenoski present, where it was recommended that the State install a traffic signal at the intersection of Pear Street and Walker Road, to be activated only during the school year. The committee stipulated a blinking yellow signal on Walker Road and red on Pear Street. The signal would be activated by the crossing guard as an additional aid for pedestrian traffic.
Mr. Boaman moved to authorize the City Manager to write a letter to the State Highway Department requesting the installation of a traffic signal at the intersection of Pear Street and Walker Road with copies forwarded to the State elected representatives. The motion was seconded by Mr. Witt and carried with Mr. Bewick not voting.
DELAWARE TECHNICAL & COMMUNITY COLLEGE AND CITY OF DOVER LIBRARY - RECIPROCAL BORROWING AGREEMENT
Mr. Boaman referred to a letter dated September 17, 1980 from the Dove Library Commission proposing a reciprocal borrowing agreement between Terry Campus/Delaware Technical and Community College and the City of Dover Library.
In a letter from Mary M. Byrne, Director of the Learning Resource Center of Terry Campus, the following stipulations of the borrowing agreement were suggested:
1. Patrons holding a Dover Public Library card will be granted borrowing and information privileges at Terry Campus Library.
2. Students with a Terry Campus I.D. card will be granted borrowing and information privileges at the Dover Public Library.
3. We do not charge fines at the Terry Campus library and therefore would not be responsible for fines at the Dover Public Library.
4. Each library would be responsible for replacement charge for books lost by their card holders.
Mr. Boaman stated that the borrowing agreement would cover a two year trial period and if successful, a similar agreement would be proposed with Wesley College and Delaware State College.
Mr. Boaman moved that the City of Dover Library and the Delaware Technical and Community College formulate a reciprocal borrowing agreement as set forth in the aforementioned letter from Mary Byrne. The motion was seconded by Mr. Weyandt.
Questioned by Mr. Richter and Mr. Hardcastle, Mr. Boaman felt that the Library Commission would be willing to submit a report to Council within two months outlining the success or any difficulties encountered with the borrowing agreement. He agreed to make this a part of his motion.
On a call for the question, the reciprocal borrowing agreement between the Dover Public Library and Delaware Technical and Community College was unanimously approved.
PUBLIC HEARING - ORDINANCE IMPLEMENTING PERMIT PARKING - MUNICIPAL PARKING LOT
A public hearing was duly advertised for this time and place to consider the adoption of an ordinance which would implement permit parking and two hour restrictive parking for the municipal parking lot, located east of and adjacent to City Hall.
Mayor McDonough declared the hearing open.
Mr. Nathan Cohen was present stating that the City initiated the revitalization of downtown Dover and in the design, reduced available parking. He objected to the initiation of a fee to park in the municipal lot that would effect scores of employees of the State of Delaware and Kent County who patronize the downtown businesses. He suggested that the Council examine the matter very carefully before initiating the proposed parking as set forth in the public hearing.
Questioned by Mr. Weyandt, Mr. Cohen stated that he would have no objections if Council initiated two hour parking for the entire lot.
Mrs. Carol Bleauer was present to object to the proposed municipal lot parking restrictions, informing Council that she is already a City of Dover taxpayer and the additional $120 annually for parking should be considered an additional tax. She suggested that the City of Dover conduct a survey of the City residents to formulate a majority of opinions on permit parking in the municipal lot. Mrs. Bleauer felt that the City would be penalizing one specific group of people as State and County employees who are not at fault for having inadequate parking spaces to service specific locations.
Mr. Weyandt informed Mrs. Bleauer that City taxes are now utilized for too many outside interests such as the State, County and School District. It is not the purpose of Council to penalize any one specific group but to derive necessary funds to support City services.
Ms. Shirley Martin, an employee of the Bank of Delaware, was present to object to the fee for permit parking. She advised Council that she is a taxpayer of the City of Dover and the fee would double her taxation. She expressed concern as to the areas the funds would be utilized which are derived from permit parking, feeling that it would be penalizing a small contingency of people.
Questioned by Mayor McDonough, Mr. Roe stated that the Planning Commission can waive the parking provision for C-2 zoning in a business district where public parking is available. The Mayor’s question was directed toward the Bank of Delaware, who does not provide parking for their employees.
Mr. Glen Hanks of 599 Roberta Avenue, an employee of the Post Office, felt that the matter of permit parking should be put before the residents at the next municipal election by referendum. He suggested that the fee of $10 per month should be reduced to $5 per month.
Mr. Amatuzio, an employee of the Post Office, expressed concern that permit parking would not incorporate specific parking locations for each patron on the lot.
Mayor McDonough declared the hearing closed.
The City Clerk read into the record two letters of objection concerning the proposed permit parking signed by Jennifer Booker of Milford, Delaware; Hazel Riley of Harrington, Delaware; Rosalie Kling and Naomi D. Reed of Dover.
By motion of Mr. Boaman, seconded by Mr. Hardcastle, the matter of permit parking was tabled for further consideration of a fee to be charged, a review of the method of policing and specific details of how the parking will be segregated. In addition the matter of the parking lot is to be referred to the Legislative and Finance Committee who will recommend a public hearing if radical changes in the original proposal are to be considered. The motion was carried by a vote of (7) yes, (1) no (Mr. Witt).
Mr. Witt voted no on the tabling motion, stating that he felt Council was initiating a delaying action on the decision.
Mr. Witt informed those present that the Legislative and Finance Committee would meet on November 19th at 4:00 p.m., affording an opportunity for input to anyone interested.
PUBLIC HEARING - ZONING ORDINANCE AMENDMENT CLOSING RG-4 GENERAL RESIDENCE ZONING FOR MULTI-STORY APARTMENTS
A public hearing was duly advertised for this time and place to consider adoption of an amendment to the zoning ordinance that would close the General Residence Zone for multi-story apartments, specifically, RG-4. Mayor McDonough declared the hearing open.
Mr. Nathan Cohen was present inquiring into the purpose of closing RG-4 zoning for multi-story apartments.
Mr. Roe explained that the amendment was a recommendation of the Planning Commission based on the recent compromise initiated with Luther Towers that was originally designed for ten stories instead of the present seven stories. The Planning Commission felt that the RG-5 zoning category, allowing six stories would be adequate until such time that a ten story facility is applied for. This would protect new home owners moving into an area being unaware that adjacent property is zoned for ten story buildings.
Mr. Bewick asked if it would not be more simple to ask for a rezoning of properties zoned RG-4 in the City since only two are involved, one being Luther Towers and another location in the vicinity of Courtney Square on New Street.
Mayor McDonough declared the hearing closed.
Mr. Weyandt questioned why the Planning Commission did not consider limiting the zoning to seven stories since a precedent with Luther Towers has been established.
Mr. Roe suggested that Mr. Weyandt’s comments be sent back to the Planning Commission for further consideration.
Relating to a planned meeting with the Planning Commission in the near future, Mr. Hardcastle moved to table the amendment to the zoning ordinance for the purpose of discussion between the two bodies. The motion was seconded by Mr. Carson and carried with Mr. Witt voting no.
Mr. Hardcastle stipulated that the subject of the zoning amendment be a part of the agenda during a workshop meeting of the legislative bodies.
PUBLIC HEARING - REZONING - 450 & 450A WHITEOAK ROAD - RUTH ANN PROBST
A public hearing was duly advertised for this time and place to consider rezoning 450 & 450A Whiteoak Road, owned by Ruth Ann Probst. Mayor McDonough declared the hearing open.
Ms. Ruth Ann Probst was present to explain that 450 & 450A Whiteoak Road contains two dwellings incorporated on one deed. Her request for rezoning it to initiate individual deeds for the property for sale purposes.
There was no one present to speak for or against the rezoning and no correspondence.
Mayor McDonough declared the hearing closed.
Questioned by Mr. Witt, Mr. Roe stipulated that the properties would be a legal, non-conforming use since they were annexed prior to the adoption of the Zoning Code; specifically, the lots do not conform to the restrictions in the present R-8 zoning.
Mr. Hardcastle moved for approval of the rezoning, seconded by Mr. Weyandt. Council by a unanimous roll call vote, adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 450 & 450A WHITEOAK 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 R-20 to R-8 on that property located at 450 & 450A Whiteoak Road, owned by Ruth Ann Probst.
ADOPTED NOVEMBER 10, 1980
PUBLIC HEARING - RESCINDING ELECTRICAL CODE - CHAPTER 12, ART. 1, SEC. 12-1 THROUGH 12-56 - ADOPTION OF ELECTRICAL CODE, CHAPTER 12, ART. 1, SEC. 12-1 THROUGH 12-23 - AUTHORITY AND GENERAL SUPERVISION OF THE CITY OF DOVER ELECTRICAL SYSTEM
A public hearing was duly advertised for this time and place to consider rescinding an existing ordinance dealing with the electrical system of the City of Dover, specifically Chapter 12, Article 1, Section 12-1 through 12-56, and the adoption of a new City ordinance dealing with the electrical system, specifically Chapter 12, Article 1, Section 12-1 through 12-23, as revised. Article 1 of Chapter 12 deals with the authority and general supervision of the City of Dover electric system.
Mayor McDonough declared the hearing open.
There was no one present to speak for or against the adoption of the revised ordinance.
Mayor McDonough declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes, one (1) no (Mr. Witt) 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 in its entirety Chapter 12 (Electricity) Article 1 (Electric Department) Section 12-1 through 12-56 and by inserting a new Chapter 12 (Electricity) Article 1 (Electric Department) Sections 12-1 through 12-23, as follows:
There shall be an Electric Department under the general supervision and authority of the City Manager who shall superintend and have authority over the City Electric plant, Electric Distribution System and their appurtenances.
Section 12-1 - - Definitions
A used in this Chapter, unless the context otherwise clearly indicates;
Building Inspector shall mean the building official of the City or his authorized agent, who is authorized agent, who is charged with inspecting the electric apparatus, wiring and appurtenances in various structures, displays and signs of the Dover Electric System and enforcing the provisions of the Rules and Regulations of the Electric Department in respect thereto.
Conductor Service shall mean overhead or underground electric conductors and appurtenances located between the last pole or underground terminal of the City’s electric power conveyance system and the point of connection with the customer’s electric wiring.
City shall mean that Authority of the City of Dover supervising and responsible for enforcement of the Dover City Code.
Electric Apparatus shall mean any condenser, conductor, transformer, adapter, electrical generator, electrical appliance or any article through which or by means of which electricity is carried, consumed or created.
Electric Department shall mean that Department of the City of Dover authorized by Section 25 of the Dover Charter (1961) that supplies electric power to the City and its inhabitants and certain other customers.
Electric Wiring shall mean any wiring which, at any time, is used to conduct electric current or energy.
General Master Electrician shall mean a person engaged in the business of, or holding himself out to the public as engaged in the business of installing, erecting and repairing, or contracting to install, erect or repair, electric wire or conductors to be used for the transmission of electric current for electric light, heat or power purposes, or mouldings, ducts, raceways or conduits for the reception or protection of those wires or conductors, or to electrical machinery, apparatus, devices or fixtures to be used for electric light, heat or power purposes, or planning, estimating or laying out and supervising that electrical work.
Master Electrician Limited shall mean any person engaged in house wiring, limited to no more than a four (4) family dwelling.
National Electrical Code shall mean the National Electrical Code suggested for adoption of the National Fire Protection Association.
Seasonal Electric Service shall mean electric service required for a period of less than one (1) year at a permanent location or at the same location annually for a season of the year.
Underwriters or Middle Department shall mean the Middle Department Association of Fire Underwriters.
Underwriters Laboratories, Inc. shall mean the Underwriters Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois, 60611.
Section 12-2 - - City Manager, Authority of
The City Manager shall supervise and have control over the Electric Department and he is authorized and empowered to make and enforce rules and regulations in order to maintain and operate the City electric plant and the electrical distribution system, and the appurtenances thereto.
Section 12-3 - - Authority to inspect and enter private property; liability upon electric installation
The City Manager and the Building Inspector and their authorized agents, shall have the authority to enter upon any lands as may be reasonably necessary to discharge their duties pursuant to this Chapter. The City Manager and the Building Inspector or their authorized representatives, bearing proper City Identification, shall obtain the occupant’s consent or use other legal procedures to gain access at all reasonable times to the dwellings or buildings of the customers for the purpose of inspecting, removing or repairing any City property situated therein. The City shall have the right to inspect and reject any wiring or appliances not in accordance with Article II of this Chapter and shall not incur liability with regard to the installation, wiring or appliances used, any violation of this Code or City Rules and Regulations or from any accidents resulting from the installation, and shall not be obliged to inspect any installation before or after electricity is introduced.
Section 12-4 - - Article part of electric service contract
This Article and any Rules and Regulations adopted by the City Manager pursuant to his authority under Section 12-2 shall be a part of every contract for electric service and shall govern all classes of service unless otherwise stated by a service classification.
Section 12-5 - - Application and contract required for electrical service
In order to receive electric service from the City, each customer may be required to submit an application on a form prescribed by the City Manager and, if approved by the City Manager, shall engage into a contract with the City for electric service subject to the terms of the applicable service classification.
Section 12-6 - - Electric service applicant to grant rights-of-way
Any applicant requesting electric service shall furnish, without expense to the City, satisfactory rights-of-way necessary for the erection, maintenance and operation of the electric line extension, including the right to trim trees, brush or shrubs, or clear undergrowth as deemed necessary by the City; or shall agree to reimburse the City for any expense incurred in the procurement of the necessary rights-of-way and tree trimming and undergrowth clearing rights.
Section 12-7 - - Electric bill payment deposit
The City may require a cash deposit intended to guarantee payment of electric bills from any electric customer or applicant for electric service.
Section 12-8 - - Estimated Billing and Budget Billing
(a) Estimated Billing
When the City’s meter reader is, at any regular meter reading date, unable to gain access to the customer’s premises in order to read the meter, the City may, for the convenience of the customer, render an estimated bill.
(b) Budget Billing
Budget billing will be permitted for all customers. Monthly budget payments will be based on estimated cost of total consumption for the ten month period, October through July, with refunds or additional billings being made in the remaining two (2) months. Adjustments in monthly budget payments may be made after January billing, which may indicate that the original estimate of consumption was too high or too low. Customers who rent or lease will be required to make a deposit, initially an amount equal to the estimated monthly budget payment. A deposit may be required of home owners who fail to meet monthly payments. An increased deposit may be required of home renters who fail to meet monthly payments.
Section 12-9 - - Authorization to inspect and count connected load when basis for service charge
When the supply of electric service is under service classifications which base the billing demand or minimum charge upon the customer’s connected load, the City Manager or his authorized agent shall have access to the premises at reasonable times to inspect and count the connected load.
Section 12-10 - - Continuity of electric service; liability; notice:
(a) City Liability. The City does not guarantee continuous and uninterrupted electric service and shall not be liable for any loss, cost, damage or expense to any customer occasioned by any interruption or phase reversal if due to any cause beyond the reasonable control of the City.
(b) Notice of Trouble. The customer shall promptly notify the City of any defect in electric service or of any trouble or irregularity to the electric supply.
(c) Pre-arranged Interruption of Service. Whenever electric service is interrupted for work on lines or equipment, the work shall be done, as far as practicable, at a time that shall cause the least inconvenience to the customer. The customer to be affected by the interruption shall, if practicable, be notified in advance.
Section 12-11 - - Resale of electricity prohibited.
The customer shall not directly or indirectly sell, sublet, assign or otherwise dispose of any electric energy without the written consent of the City Manager. Purchase of electric energy in bulk for use by tenants located on the customer’s property, when the cost to the tenant of the energy is included in the normal rental charge for occupancy of the premises, shall not be considered a resale.
Section 12-12 - - Electric use limited to contract place and purpose
The City’s electric service shall not be used for any purpose or in any place other than that stipulated in the customer’s contract for electric service, except by written consent of the City Manager.
Section 12-13 - - Notice required to add non-City electricity; service classification; written consent required to connect with City facilities.
No other source of electric service shall be introduced or permitted, directly or indirectly, for any customer’s use without written notice to the City. In every case where another source of electrical or mechanical power is introduced from which the customer may supply his requirements for light, heat or power, it shall then be considered that the City is supplying auxiliary or breakdown service unless the other service is used only in case of failure of the City’s service. Auxiliary or breakdown service shall be provided only under the terms of the applicable service classifications.
No other power supply shall be connected with the City’s facilities except by written consent of the City.
Section 12-14 - - Causing electric fluctuations prohibited; remedies
Electric service shall not be used by the customer in a manner which shall cause unusual fluctuations or disturbances in the City’s electric supply system. Should fluctuation or disturbance be caused by the customer, the City may discontinue the electric service, require the customer to modify the installation or install approved controlling devices, or both.
Section 12-15 - - Duty to repair or remove communication interference device
It shall be unlawful and a nuisance for any person to operate any motor or other electrical device which shall cause interference with communication reception more than ten (10) days after receiving notice from the City Manager of the interference.
Section 12-16 - - Customer liable for electric wire and appliance damage to persons and property
The City assumes no responsibility for any damage done by or resulting from any defect in the electric wiring, fixtures or appliances of the customer. In the event that any loss or damage to City property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, their agents or employees, the cost of the necessary repairs to or replacement of City property shall be paid by the customer to the City and any liability otherwise resulting shall be assumed by the customer.
Section 12-17 - - City liability limited
The City shall not be liable for damages resulting from the presence of electric current in the City appliances on the customer’s premises, or from the use of the City electric service by the customer.
Section 12-18 - - Tampering with City electric equipment prohibited; liability
(a) Tampering Prohibited. It shall be unlawful for any person except a duly authorized representative of the City, to make any temporary or permanent connection or disconnection between the electric service load of the customer and the electric service wires of the City, or to set, change, remove or interfere with or make any connections to the City’s meter or other property or any wiring between the City’s meter and the electric service wires of the City.
(b) Customer’s liability for tampering. In the event that the City’s meters or other property are tampered or interfered with, the customer being supplied through that equipment shall pay the amount which the City shall estimate is due for electric service used but not registered on the City’s meter, for any repairs or replacements required and for changes in the customers’ installation that the City shall require.
Section 12-19 - - City’s rights to discontinue electric service.
The City reserves the right to discontinue the supply of electric service for any of the following reasons:
(a) Without notice. The City may discontinue electric service without notice for the following reasons:
(1) Supply emergency. For unavoidable shortages or interruptions in the City’s source of electric supply or in other cases of emergency.
(2) Hazardous conditions. Whenever a hazardous condition is found to exist on the customer’s premise that is related to or would be affected by the electric service.
(3) Fraud or abuse. To protect the City from fraud or abuse.
(4) Canceled electric contracts. Upon the cancellation of electric service agreements.
(b) With Notice.
(1) For failure to Repair or Violation of Article. The City may discontinue service to a customer upon a determination by the City Manager that the Notice of Termination is correct or that the customer has waived his right to dispute the Notice of Termination for the following reasons:
(a) Failure to Repair. Upon the failure to repair conditions having a detrimental effect on the City electric service.
(b) Violation of Article. For violation or noncompliance with this Article, the Rules and Regulations thereunder, the appropriate service classification of the electric service contract.
(2) For Non-Payment. The City may discontinue service to a customer for non-payment of electric bill upon a determination by the City Manager following the regulation as adopted by the City which follows the guidelines as adopted by the Public Service Commission of the State of Delaware.
Section 12-20 - - Electric service reconnection; fee; arrearages
(a) Fee, arrearages. Electric service may be disconnected by the City pursuant to Section 12-19 and shall be reconnected only upon advance payment of published reconnect fees in addition to all arrearages due under the customer’s electric service contract, except when it has been necessary to remove service contract, except when it has been necessary to remove service wires to discontinue the electric service. In the latter case electric service shall be restored only upon payment to the City of the costs of discontinuance and restoration.
(b) Compliance, with violation. Electric service may be refused by the City of Dover until the customer is in compliance with all established standards of safe and efficient wiring.
Section 12-21 - - Discontinue of electric service by customer; notice; minimum contract payment due
(a) Notice to discontinue electric service.
The customer shall give the City at least three (3) days written notice to discontinue his electric service unless otherwise agreed upon and he shall be liable for electric service taken until the meter shall have been disconnected or finally read. Notice prior to the expiration of an electric service contract term shall not relieve the customer of any minimum or guaranteed payment under any electric service classification.
(b) Suspension of electric service contract. If, by reason of any act, neglect or default of a customer, the City’s electric service to him is suspended or the City is prevented from supplying electric service in accordance with the terms of any electric service contract it shall have entered into, the minimum charge for the unexpired portion of the electric service contract term shall become due and payable immediately as liquidated damages in lieu of the anticipated returns from the electric contract.
(c) Final bill. The final bill for service is due and payable when rendered.
Section 12-22 - - Service to Mobile Home Parks
(a) All applicable provisions of this Article shall apply to electric service in mobile home parks. Where single meter electric supply is provided, the mobile home park operator shall specifically agree in the electric contract to the provisions of Section 12-11, prohibiting the resale of electric current.
No additional mobile home parks will be installed under single meter service classification and all existing mobile home parks must be converted to conform to Section 12-22 (d) of this section no later than July 1, 1982. Under this change the City will revamp as necessary the existing distribution system up to and including the meter socket, all installations from the meter to the mobile home panel will be at the expense of the mobile home owner. All mobile homes must also conform to the National Electrical Code Regulations for Mobile Homes, and any changes necessary will be at the expense of the owner.
(b) The mobile home park operator is responsible for contacting the City for advice in the design of the electrical distribution system at the mobile home park so as to permit the delivery of energy through individual meters to each mobile home tenant. The design must conform to the standards of the National Electrical Code, Local Authorities and be approved by the City.
(c) The City will supply all facilities as required up to and including the meter socket. The location of the meter sockets will be in accordance with Section 12-22 (b) and should be such that no less than two or more than four trailers can be served from one location. All other installations will be the responsibility of the mobile home park owner.
(d) Each mobile home electric customer shall make a suitable deposit when connected; however, the mobile home park operator may make a suitable deposit and guarantee that accounts for individual tenants. If this arrangement is elected, connection and disconnections of service may be handled by mobile home park operator via telephone to the City.
(e) All applicable Rules and Regulations, in addition to those listed above, shall apply to service to Mobile Home Parks.
Section 12-23 - - Electric service rates; rules and regulations
Three copies of all electric service rates and all Rules and Regulations adopted by the City Manager pursuant to his authority under Section 12-2 herein shall be on file and available for public inspection in the City Clerk’s Office.
ADOPTED NOVEMBER 10, 1980
Explaining his objections to the adoption of the ordinance, Mr. Witt stated that the City of Dover, or any utility, should not have the capability or calibrating meters to be used on their own system.
RULES AND REGULATIONS - ELECTRIC DEPARTMENT
Mr. Mogan referred to the Rules and Regulations of the Electric Department that have been updated and provide authority to the City Manager to administer the Department. He advised Council that the fees have not been changed and will not be altered until approval by the legislative body. He requested that the Rules and Regulations be approved as submitted.
Mr. Weyandt moved for approval of the Rules and Regulations, seconded by Mr. Carson and carried with Mr. Witt voting no.
THE AMAZE GROUP - REZONING REQUEST - 1027 & 1029 S. BRADFORD STREET
Mr. Witt moved for removal from the table the question of rezoning 1027 & 1029 South Bradford Street, seconded by Mr. Weyandt and unanimously carried.
The City Clerk read into the record a letter from Roberta Marcus, Realtor Associate representing Amaze Group & Dr. James and Laura Kurtz, requesting that Council approve a withdrawal request for the rezoning of 1027 & 1029 S. Bradford Street.
Mr. Witt moved to accept the request to withdraw the rezoning, seconded by Mr. Weyandt and unanimously carried.
REZONING REQUEST - PROPERTY OWNED BY FANNIE RUDNICK AND EDITH BERKMAN - BOUNDED BY SOUTH STATE STREET, ROUTE #13 & WEBBS LANE
A request was received from Fannie Rudnick and Edith Berkman to rezone property bounded by State Street, Route #13 and Webbs Lane. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
Mr. Witt moved to refer the rezoning to the Planning Commission on November 17, 1980 and that a public hearing be held on December 8, 1980 at 7:45 p.m. The motion was seconded by Mr. Boaman.
Mr. Weyandt referred to a public hearing on the Rudnick/Berkman Tract held on July 23, 1979, where a motion for rezoning stipulated that a moratorium be called on any further development of the tract until such time as an overall plan of the entire tract is presented. He suggested that Mr. Witt revise his motion to include the aforementioned stipulation.
Mr. Roe stated that his file contains a request that so many acres, fronting on Route #13, be rezoned to C-4; land fronting on South State Street to RG-0; and the remainder to RG-1. He added that the requests are in keeping with the Comprehensive Plan guidelines. He felt that Mr. Weyandt was suggesting an overall development plan that would indicate the location of streets, etc.
Mr. Bewick felt that setting a public hearing would be premature if Council is asking for an overall development plan that would include topos showing sewer and water drainage, etc.
Referring to the public hearing of July 23, 1979, Mayor McDonough felt that Council’s purpose was to request a plan showing the various zonings on the tract rather than an overall development plan.
If it is Council’s wish to ask for an overall development plan of the tract, Mr. Roe stated that this would involve State Highway Department review and a time period of approximately six months.
It was Mr. Bewick’s opinion that a workshop with the Planning Commission should be held before any motion is made by Council that would effect the future of the Rudnick/Berkman Tract.
Mr. Witt withdrew his motion for referral to the Planning Commission and a public hearing as did the seconder, Mr. Boaman.
Mr. Bewick moved that no action be taken on the rezoning request until such time that a Council workshop with the Planning Commission can be held. The motion was seconded by Mr. Hardcastle and unanimously carried.
CORRESPONDENCE
American Cancer Society - Fourth Annual Great American Smoke-Out
A letter was received from Mrs. Joan Bryan, Administrative Assistant of the American Cancer Society, Delaware Division, requesting a sidewalk area on the corner of State and Loockerman Street, directly across from H.A. Winstons, to set a literature display on November 20, 1980 between the hours of 11:00 a.m. and 3:00 p.m. relating to the Great American Smoke-Out.
Mr. Witt moved for approval of the request, seconded by Mr. Hardcastle and unanimously carried.
Storer Communications - Cable Television Service
A letter was received from Mr. Steve Horvatincic, President of the Mayfair/Crossgates/Wedgewood Civic Association, requesting that Council take action to investigate complaints of general poor quality reception and slow response to maintenance calls of Storer Communications.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Boaman and unanimously carried.
Tribute to Dallas Green, Manager of Phillies - Newport, Delaware
A letter was received from the Delaware League of Local Governments informing members of Council of a parade to be held in Newport, Delaware on Sunday, November 16th, in tribute to Dallas Green, Manager of the Philadelphia Phillies. The letter extended an invitation to the Mayor, members of Council, City or Town Managers, to participate in the tribute.
Councilman Carey volunteered to represent the City of Dover.
Council adjourned the Regular Meeting to Executive Session at 9:35 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of November 10, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
November 17, 1980
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