REGULAR MEETING
August 23, 1971
The regular meeting of City Council was held on Monday, August 23, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
MINUTES
The minutes of the regular Council meeting of August 9, 1971 were accepted and bore the written approval of Mayor Carroll.
J.P. COURT #7
A report for the month of July was received from J.P. Court #7, attached to a check in the amount of $6,622.50. On motion of Mr. Coyle, seconded by Mr. Muir Council accepted the report as presented.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on August 16, 1971 was presented by Chairman Hayes. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.
SENATE BILL 262
A recently enacted Senate Bill now provides for municipalities make their own exemptions of real property to be exempt from assessment and taxation. The Legislative & Finance Committee has recommended that the list of exempt properties within the City remain as is and that any property owner in the future who requests exemption from real property taxes make a formal request in writing to the Mayor and Council furnishing along with the request a financial statement. On motion of Mr. Walls, seconded by Mr. Coyle, Council approved the recommendation of the Committee as outlined above.
VOTER REGISTRATION ORDINANCE
On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following ordinance amending the dates of voter registration.
AMENDMENT TO VOTER REGISTRATION ORDINANCE
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVE, IN COUNCIL MET:
1. That the City of Dover Code shall be amended by deleting Section 11-5(a) and inserting in lieu thereof the following Section 11-5(a).
(a) REQUIRED DATES AND TIMES. Registration Officials as appointed by the Mayor and Council of the City of Dover, shall sit for the purpose of ascertaining and registering the persons who are qualified to be voters of the City of Dover at such place as the Mayor and Council shall select; said registration dates to be each and every working day from February 1 through December 31 of each year between the hours of 9:00 A.M. and 4:00 P.M.
ADOPTED AUGUST 23, 1971
A letter was read at this time from Mr. Kenneth Abraham and Mr. Peter Feliceangeli concerning their inability to register to vote because of being college students and being out of town on the prescribed registration dates. They had requested Council take action on this matter at the second meeting in July. The above adopted ordinance was enacted to cover this request.
VOTER REGISTRATION ADVERTISEMENT
On motion of Mr. Coyle, seconded by Mr. Legates, Council by unanimous vote requested that the recently amended registration ordinance be advertised in the local newspapers making the public aware of the change in registration dates for municipal voters.
ABSENTEE BALLOTS
On motion of Mr. Hayes, seconded by Mr. Legates, Council directed the City Solicitor to prepare legislation that would permit voting be absentee ballots in municipal elections. This would necessitate a Charter change and legislation would be prepared and submitted to the General Assembly for their approval.
ZONING ORDINANCE AMENDMENT
The Legislative & Finance Committee has recommended a change in the zoning Ordinance that would require a property to be rezoned to be posted prior to the public hearing. A public hearing is required prior to amending the Zoning Ordinance. On motion of Mr. Coyle, seconded by Mr. Walls, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, Section 11.13 of the Zoning Ordinance requires certain notice be given in accordance with the request to rezone property within the City of Dover, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a public hearing be held at City Hall on September 27, 1971 at 8:00 P.M. that would add to section 11.13 the following:
“A placard 20" x 24" in size printed in bold type be placed on any property being considered for rezoning by the Building Inspector at least two weeks in advance of the public hearing, such placard to read in part that the property is to be rezoned to a specifications and zoning. A photograph of the posted placard shall be taken at the time of posting and be filed with the rezoning request as proof of posting.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 23, 1971
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on August 17, 1971 was presented by Chairman Holpp. On motion of Mr. Biggs, seconded by Mr. Holmes, Council accepted the report as presented.
BRUNSWICK CORPORATION - BOWLING ALLEY
A request was received from the Brunswick Corporation for a 8" water tap for a fire protection system in their new bowling alley at the Rodney Village Shopping Center. The previous bowling alley which was destroyed by fire, was hooked to the City of Dover water system. They were also requesting a domestic tap, which was in the old building prior to the fire. On motion of Mr. Muir, seconded by Mr. Hayes, Council authorized the installation of domestic water tap and an 8" tap for a fire protections system, as recommended by the Utility Committee.
FIRE PROTECTION ORDINANCE
On motion of Mr. Holpp, seconded by Mr. Coyle, Council by unanimous vote adopted the following ordinance and recommended by the Utility Committee.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That as of the effective date of this Ordinance the following service charges shall be made for standby fire protection to all users of City water who live outside the limits of the City of Dover:
(a) SPRINKLER SYSTEMS. The following charges shall be made for all sprinkler systems:
Tap Size Rate per Quarter
4" $ 75.00
6" 150.00
8" 250.00
10" 350.00
12" 450.00
(b) FIRE HYDRANTS. A service charge shall be made to all property owners who own property within 600 feet of a fire hydrant of the City of Dover, outside the limits of the City - a charge of 20% of the minimum water bill of the owner per quarter.
(c) Owners of property who would be subject to a quarterly charge because they have a sprinkler system on their property and because their property is situated within 600 feet of a fire hydrant, shall not be required to pay both charges as set forth in paragraphs (a) and (b) of this Ordinance. Such property owner shall pay whatever charge is greater per quarter.
(d) All taps to the City of Dover water system must be done by the City and the owner of Property upon which the tap is made shall pay for the same to the City of Dover based upon a time and material basis.
(e) The effective date of this Ordinance is December 1, 1971.
ADOPTED AUGUST 23, 1971
POWER PLANT FENCE
Bids were received on the construction of a fence around the vacant land adjacent to McKee Run to be used for the storage of material during the construction period. Two bids were received, with the low bid being $2,050 received from Pioneer Fence Company. On motion of Mr. Hayes, seconded by Mr. Walls, Council awarded the contract for the erection of the above mentioned fence to the low bidder, Pioneer Fence Company.
MAAC
As a result of Dover becoming a member of the PJM Pool, it is necessary that Dover become a member of MAAC (Mid-Atlantic Area Coordinating Group). One of the requirements of the group is that before a unit can be place on the interconnection that certain tests be made and the results forwarded to MAAC for their approval. This should have be done prior to our becoming a member of the PJM Pool but was an oversight by our sponsor, Delmarva Power & Light. These tests would be made by Laramore, Douglass & Popham and DP & L, at a cost of between $5,000 and $10,000. Half of the cost will be borne by DP & L. The Utility Committee recommends that the City of Dover join MAAC and that these tests be made in conjunction with DP & L. On motion of Mr. Hayes, seconded by Mr. Coyle, Council approved the recommendation of the Utility Committee as outlined above.
EXEMPT PROPERTY SERVICE CHARGES
A request has been made that a study be made of the cost of providing services to the exempt properties in the City of Dover, with the possibility of a service charge being assessed against these properties for these services. On motion of Mr. Coyle, seconded by Mr. Walls, Council requested the Acting City Manager to make such a study and report these costs to the Council for their study and recommendation.
ELECTRIC DEPARTMENT MANAGER
Mr. James, Acting City Manager, announced to Council that effective September 1, 1971, Mr. Robert Schucker would be promoted to the position of Electric Department Manager, the vacancy which was created due to the death of Mr. John Buttner, and has not since been filled until this time. At the same time Mr. Robert M. Mullins, a retired engineer of Delmarva Power & Light, will be hired as Superintendent of Distribution and Transmission, and will also act in the capacity of training Mr. Schucker in his new position.
BIDS - UNIT #3
Bids were received on August 16, 1971 and August 17, 1971 for various equipment and projects in conjunction with the construction of Unit #3 at McKee Run. The bids and the low bidder are listed as follows:
1. Air Compressors - Chicago Pneumatic - $28,950.00
2. Miscellaneous Tanks - Newarc Welding & Fabricating - $24,964.00
3. Polishing Demineralizer - American Water Softener - $24,210.00
4. Main Steam, Hot and Cold Reheat Piping - Benjamin F. Shaw - $89,878.00
5. Electrical Installation - E. F. Higgins - $98,490.00
6. Elevator - Westinghouse Corporation - $48,573.00
On motion of Mr. Muir, seconded by Mr. Holpp, Council by unanimous roll call vote awarded the above contracts to the above mentioned low bidders and prices as recommended by Laramore, Douglass & Popham.
FOX HALL REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land lying north of Walker Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of this request. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Hayes, Council by a unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON THE NORTHSIDE OF WALKER ROAD ADJACENT TO THE LANDS OF CARLISLE LANDS, INC., FROM R-20 TO RG-3 USE.
WHEREAS, The City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from R-20 to RG-3 on that property described below.
NOW, THEREFORE, BE IT RESOLVED 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 shall be amended by changing the zoning designation from R-20 to RG-3 on the property located on the northside of Walker Road, adjacent to the lands pf Carlisle Lands, Inc., and containing approximately 1 acre.
ADOPTED AUGUST 23, 1971
PARKING FINE ORDINANCE
On motion of Mr. Legates, seconded by Mr. Coyle, Council by unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Dover City Code be amended in the following respects:
1. Section 31-77(a) shall be amended to read as follows:
“Any person convicted of violating the provisions of this Article, or of aiding, abetting or assisting in the violation of said provisions, shall be sentenced to pay a fine of not less than One ($1.00) Dollar and not more than Fifty ($50.00), plus costs of prosecution, or shall be imprisoned for not more than five (5) days, for each offense, provided however that any person violating the provisions of this Article pertaining to the length of time during which parking is permitted in parking meter zoned may, within twenty-four hours from the time that the summons giving notice of the violation is issued, pay the sum of One ($1.00) Dollar for each violation. After the expiration of twenty-four hours from the issuance of the summons, the violator may pay the sum of Two (2.00) Dollars for each violation, if payment is made voluntary prior to the time and date set forth in the summons.”
2. Chapter 31 of the Dover City Code is hereby amended by adding a new schedule thereto to be known as Schedule XVI which is to read as follows:
SCHEDULE XVI
Section 31-114 - Fines for certain parking violations.
Any person who violates any of the following Sections of this Chapter shall be fined not less than the sum of Three ($3.00) Dollars for each violation and not more than the sum of One Hundred ($100.00) for each violation. These Sections are: 31-48; 31-51; 31-52; 31-53; 31-55; 31-58; 31-64; 31-66; 31-67; and 31-68.
Section 31-155 - Fines for certain dangerous moving violations.
Any person who violates any of the following Sections of this Chapter shall be fined not less than the sum of Five ($5.00) Dollars for each violation and not more than the sum of One Hundred ($100.00) Dollars for each violation. These Sections are: 31-25; 31-29; and 31-32.
3. Chapter 1 of the Dover City Code is hereby amended by deleting Section 1-12(c) in its entirety and by adding the following new Section 1-12(c) which shall read as follows:
Section 1-12(c). Minimum fines and mailing of notice thereof. For any violation of the Code or any Ordinance of the City of Dover unless provided therein to the contrary, the arresting officer or official shall have the right to give the offender notice and a self-addressed envelope authorizing the offender to pay a fine in the amount of $5.00 or less and to forward the same to the Police Department in lieu of having trial before the Justice of the Peace. The notice shall clearly state that the offender has the option of having his case tried upon the merits or of paying the fine in the amount of $5.00 or less as set by the arresting officer or official. The Police Department shall administer all such fines paid and shall report the same periodically to Council.
4. The effective date of this ordinance is January 1, 1972.
ADOPTED AUGUST 23, 1971
QUALITY COURT MOTEL
A request was received from the Quality Court Motel South stating they were interested in leasing or purchasing land owned by the City of Dover adjacent to their motel and behind the Dover Mart Shopping Center. On motion of Mr. Coyle, seconded by Mr. Hayes, Council requested the Acting City Manager contact the Quality Motel for further details on their request and report back to Council with this information.
WESLEY COLLEGE SIGNS
A request was received from Wesley College requesting permission to erect directional highway signs on the corner of State and Division Streets, these signs to be furnished by the State Highway Department, who will also erect them. These would be directional signs that they feel would be of great benefit to out-of-town students and guests trying to locate the college. On motion of Mr. Holpp, seconded by Mr. Holmes, Council approved the request of Wesley College for the erection of directional signs on the corner of State and Division Streets, and the north and south approaches to Division Street on Route 13.
HB 544
The Delaware League of Local Governments has received a judicial determination on the recently passed bill on the General Assembly that imposed the 5% Utility Tax on the City of Dover electric sales as well as the other utilities contained within the bill. They have now taken the position that this bill is discriminatory and unconstitutional. They are requesting that all municipalities join in their effort to have this bill declared unconstitutional. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote adopted the following resolution.
RESOLUTION
WHEREAS, Chapter 301, Volume 58, Laws of Delaware, imposes a tax upon certain utilities, which tax is passed on to the ultimate consumer; and
WHEREAS, the tax appears to be discriminatory in that all users of the utilities which area taxed will not be forced to pay the tax thereby rendering it unconstitutional as not equal and uniform; and
WHEREAS, the legislation imposing the tax appears to impair the validity of contracts existing between certain of the utilities and various municipalities; and
WHEREAS, a serious question exists as to whether municipal corporations which produce and sell electricity to retail customers including Federal and State users; unincorporated subdivisions; and municipal use for lighting of streets are encompassed within the statutory language; and
WHEREAS, the legislation appears to be discriminatory in that certain utilities are taxed and others are not taxed; and
WHEREAS, the legislation is vague and indefinite concerning the payment and amount of the tax where a municipality both produces electric power and purchase electric power which is sold to its customers; and
WHEREAS, it appears to be in the best interest of this municipality and the citizens thereof who ultimately must pay the tax to join with other local governments which are members of the Delaware League of Local Governments in order to receive a judicial determination of the constitutionality of the tax imposed by Chapter 301, Volume 58, Laws of Delaware.
NOW, THEREFORE, BE IT RESOLVED that this municipality wishes to join the Delaware League of Local Governments to receive a judicial determination of the validity of the tax imposed by Chapter 301, Volume 58, Laws of Delaware, and will pay its portion of the counsel fees and expenses assessed by the Delaware League of Local Governments.
AND BE IT FURTHER RESOLVED THAT the Clerk of Council of this municipality be and he is hereby directed to send a certified copy of this Resolution to the Delaware League of Local Governments.
ADOPTED AUGUST 23, 1971
EDGELL REZONING
A request has been received form Mr. Louis Edgell to rezone property he owns located on Walker Road. A public hearing is required prior to amending the zoning ordinance and zoning map. On motion of Mr. Hayes, seconded by Mr. Coyle, Council adopted the following resolution and referred this request to the Planning Commission and the Fire Marshal.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the south side of Walker Road, owned by Louis Edgell, is presently zoned for C-1A use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That a public hearing beheld in City Hall on September 27, 1971 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map that would rezone from C-1A to C-3 that property located on the southside of Walker Road, owned by Louis Edgell, and containing approximately 1 acre.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED AUGUST 23, 1971
CITY HALL ANNEX
Mr. James presented an architect’s drawing of a reconstructed front for the City Hall Annex. On motion of Mr. Hayes, seconded by Mr. Legates, Council directed that the Acting City Manager prepare bids to be sent out for this construction, such bids to be returned to Council for their award.
A discussion then followed on the possibility of moving the business and administrative offices that are presently housed on the first and second floors of City Hall, next door to the Annex as was originally planned, but these plans being diverted at the time a study was being made on the possibility of construction of a new City Hall. On motion of Mr. Legates, seconded by Mr. Coyle, Council referred this request to the Committee of Committees to decide what offices will be moved to the Annex.
ROBBINS HOSE COMPANY
Robbins Hose Company presently has a 1948 Seagraves truck that is titled to the City of Dover and is used by Robbins Hose Company. They have tentative plans to purchase a new piece of equipment and would like the title of this 1948 Seagraves transferred to the Robbins Hose Company so that it may be traded in on the new equipment. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that the title to the abovementioned equipment be transferred to Robbins Hose Company.
DRIVEWAY CONDUIT ORDINANCE
On motion of Mr. Muir, seconded by Mr. Coyle, Council by unanimous roll call vote adopted the following ordinance as recommended by the Utility Committee.
DRIVEWAY CONDUIT ORDINANCE
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, it is a requirement of all developers and home builders to install 2" conduit under all driveways and/or entrance ways when they are constructed, which would permit the installation of street light wire, secondary service or primary service in this conduit. This conduit will be installed as per the specifications of the Electric Department of the City of Dover.
ADOPTED AUGUST 23, 1971
COUNCIL ADJOURNED AT 9:00 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of August 23, 1971 are hereby approved.
AUGUST 24, 1971 Crawford J. Carroll Mayor