REGULAR MEETING
January 9, 1967
The regular meeting of City Council was held Monday, January 9, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson, and Smith.
The invocation was said by rev. Claude V. Fulks of the South Dover Baptist Church.
MINUTES
Minutes of the meeting of December 12, 1963 were approved by Council and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted.
Report of Alderman was accepted. Fines in the amount of $619.10 were remitted to the City during the month of December.
Report of the Fire Marshal and Building Inspector was accepted.
Report of Cash Receipts, General Fund was accepted.
Report of the Budget Report, General Fund was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
FRONT FOOT CHARGE
The City Manager stated that water lines has recently been installed in certain areas of the City, and a Front Foot Charge must be established for the purpose of billing the property owners involved. It was recommended that a charge of $3.00 per front foot be made for such lines. On motion of Mr. Hughes, seconded by Mr. Hastings, Council by unanimous vote established a front foot charge of $3.00.
RIGHT-OF-WAY ON PRR
The construction of a 22.9 KV line from the McKee Run Generating Station to Brown Street has been proposed, in addition to the present 22.9 KV line in existence. An agreement has been reached with the Pennsylvania Railroad for use of their right-of-way from McKee Run to Brown Street. The rental would be at a sum of $20 per year. On motion of Mr. Harris, seconded by Mr. Jackson, Council by unanimous vote authorized the completion of this agreement, subject to the approval of the City Solicitor.
FAIRVIEW STREETS
City Manager Neylan stated that deeds have been received to the streets in the Fairview development and Maintenance Bond has been supplied by the Developer. On motion of Mr. Hastings, seconded by Mr. Hayes, Council by unanimous vote accepted the streets in the Fairview Development.
DOVER LIBRARY COMMISSION
A request from the Library Commission that the City of Dover turn over the remaining land of the Library block, owned by the City, was received at the Council Meeting of December 12, 1966 and tabled until this time. The property, which includes the Carriage House, measures approximately 70' x 170' and was requested by the Library Commission for use in the expansion of their program. The proposal is to leave the landscape of the grounds the way they are now, and to build a park area for people to go into and read, on benches and chairs to be provided for this purpose. On motion of Mr. Smith, seconded by Mr. Biggs, Council by unanimous vote authorized turning over the ground to the Library Commission with the stipulation that the Carriage House was to remain. In the event the Library Commission wanted to move or demolish the Carriage House, permission must be granted by the Council of the City of Dover.
ELECTION
On motion of Mr. Holpp, seconded by Mr. Smith, Council appointed Mr. Hayes, and Mr. Jackson as Election Judges, with Mr. Hastings and Mr. Hughes as alternates.
On motion of Mr. Hayes, seconded by Mr. Hastings Council authorized the printing of sample ballots, the hiring of election clerks, and the use of Grace Fellowship Hall of Wesley Church as the polling place for the municipal election.
VOTING MACHINES
At present only 2 voting machines are available to be used in the upcoming municipal election. These 2 machines are available from the Kent County Election Board. An additional 2 machines will try to be procured from either Sussex or New Castle County Board of Elections. It is felt that 2 machines would not be adequate to hold an election because of the limited hours the polls are open. On motion of Mr. Holpp, seconded by Mr. Harris, Council authorized the use of voting machines, provided at least 4 machines are available. In the event 4 machines are not available, Council authorized the printing of paper ballots to be used as the official ballots.
VOTER QUALIFICATIONS
A letter was received from Councilman-Candidate Benjamin E. Freeman requesting an official statement on the voter eligibility tax requirement for the coming municipal election in relationship to the present City Charter. Section 8, Subsection D of the Charter of the City of Dover sets forth the qualifications for voting in a municipal election. These qualifications for voting in a municipal preceding the day of election, having attained the age of twenty-one (21) years, and not be delinquent in the payment of any tax levied by the City. Mr. Freeman’s letter was written in light of the Supreme Court’s decision in the case of Harper v. Virginia State Board of Election. In this case it was declared unconstitutional to require a person to pay a tax in order to vote. Mr. David P. Buckson, City Solicitor, advised the Council at this time, that, in light of the Supreme Court’s decision, the requirement of being able to vote in the municipal election only if your taxes were paid, might be challenged by a voter or unsuccessful candidate, at which time his opinion was that the City would probably lose the case, if it were taken to court. This tax question has never been tested in the courts of the State of Delaware, according to Mr. Buckson, and if Council so desired they could do nothing in reference to the tax requirement in the Charter, and maybe have this taken into court by an outsider and use it as a test case, or they may abide by the Supreme Court decision and rule it an unconstitutional. There is also a provision in the Charter of the City of Dover to set up Registration of Voters to be used in governing municipal elections. This would require adequate provisions for the preparation and custody of registration books and for the entry therein of the names of the registered voters. It would also require a minimum of three (3) registration days annually. The only requirement voters must fulfill would be to be a resident of the City of Dover for six (6) months preceding the municipal election, and be at least (21) twenty-one years of age. Anyone signing this registration book would be eligible for taxation by the City of Dover, and compelled to pay such taxes, by Civil Action if necessary. It was the opinion of Mr. Buckson that this coming municipal election could be used as the first registration day, as set up in the City Charter. Also a voter whose residency or age was questionable could be asked to sign an affidavit stating that he/she meets the qualifications for voting in the municipal election. This would apply mainly to anyone not presently listed on the tax records of the City of Dover. At the same time they would be making themselves eligible for taxation by the City of Dover.
VOTER ELIGIBILITY
On motion of Mr. Harris, seconded by Mr. Hastings, Council by unanimous vote authorized the requirement of paid taxes for eligibility to vote in the upcoming municipal election not be enforced.
AFFIDAVIT
On motion of Mr. Hughes, seconded by Mr. Hayes, Council by unanimous vote directed that any voter not on the present tax book of the City of Dover that desires to vote in the municipal election must sign an affidavit stating that he/she has attained the age of twenty-one (21) years and has been a resident of the City of Dover for six (6) months preceding the date of the municipal election, January 16, 1967.
ZONING CHANGE
AHG Land Corporation petitioned Council to change the zoning on the property located at 814 River Road, Capitol Green, from RG-1 to RG-2. A public hearing is required prior to any change in the zoning ordinance or zoning map. On motion of Mr. Hayes, seconded by Mr. Smith, Council adopted the following resolution and referred the request to the Planning Commission.
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 814 River Road, Capitol Green is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and zoning map
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That a public hearing be held at City Hall at 8:00 P.M. on February 27, 1967 on a proposed amendment to the zoning Ordinance and Zoning Map of the City of Dover which would rezone from RG-1 to RG-2 use the property located at 814 River Road, Capitol Green.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted January 9, 1967
DOVER HOUSING AUTHORITY
On November 14, 1966 Council authorized the signing of an agreement with the Dover Housing Authority, in conjunction with the Housing Authority’s request of the Federal Government to construct 125 units of Low Rent Housing within the City of Dover, with the stipulation added to the agreement stating the City of Dover’s desire to have at least 50 of these units constructed for the elderly and/or single person eligible for this housing. The Housing Authority has requested of Council to strike this addition from the agreement, as they feel that it will prolong the approval of the application to the Federal Government. They have stated that they have every intention to construct said housing for the elderly, and feel that any addition to the Cooperation Agreement is not necessary, if agreeable to Council. On motion of Mr. Harris, seconded by Mr. Jackson, Council by unanimous vote rescinded the action taken by Council at it’s meeting of November 14, 1966 and authorized the Mayor and City Clerk to sign the original agreement.
WESLEY COLLEGE ANTIQUE SHOW
A letter was received by Council extending an invitation to an antique show to be held at the Treadway Inn, Dover, Delaware on February 21, 22, 23, and 24, 1967.
STARLIGHT, INC.
A letter was received from Starlight, Inc., c/o Aaron Paskins, asking for an extension on the deadline of March 1, 1967 of remodeling or demolishing the building owned by Starlight, Inc. located at 107 South Kirkwood Street. On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote denied the request for the extension.
LINCOLN PARK
A letter was received by the City Manager from the Lincoln Park Community Assn. concerning some problems that exist is Lincoln Park that they wanted brought to the attention of the City. Mr. Neylan stated that they were mostly administrative problems, and having just received the letter today, he had not had time to work them all out, but would look into them as soon as possible.
Council adjourned at 8:55 P.M.
Jay. R. Dougherty
City Clerk
All Ordinances, orders and resolutions adopted by City Council at its meeting of January 9, 1967 are hereby approved.
January 10, 1967 Crawford J. Carroll Mayor