Regular City Council Meeting
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Oct 27, 1975 at 12:00 AM

REGULAR MEETING

October 27, 1975

The Regular Meeting of Council was held on October 27, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, Harris and McDonough.

The invocation was given by the Reverend J. H. Williams.

MINUTES

Mr. Perman questioned Mayor Carroll’s Halloween Proclamation as written in the minutes stating that Council did not act to adopt the proclamation.

Mr. Perman introduced a motion to approve the Halloween Proclamation as written in the October 13, 1975 minutes. The motion was seconded by Mr. McDonough and carried.

On motion by Mr. Legates, seconded by Mr. Witt, Council approved the minutes as submitted and corrected.

REPORTS

Chief of Police Report

Mr. Perman questioned Captain Donovan in relation to the crime rate level. In answer, Captain Donovan stated that burglaries in comparison to last year are down and larcenies are up.

Mayor Carroll stated that comparative information of this nature is given on the year end Police report.

Mr. McDonough asked if a more brief report could be submitted in place of the heavy statistical report now being submitted.

Mr. Witt related that the report as submitted is also necessary information required by Federal and State Police agencies.

Mr. Witt moved to accept the Police Report as submitted and commended the department on upgrading it’s staff by five additional members. The motion was seconded by Mr. Muir and carried.

Building Inspector & Fire Marshal’s Report for the Month of September was accepted.

Mr. Roe requested that the zoning ordinance as it appears in the Nimlo Code Book, be deleted in it’s entirety and that Council authorize the City Solicitor to prepare a one page amendment for the Nimlo Code which would refer to the new zoning book. In addition, reference was made to the dangerous building report containing nine locations for condemnation and recommendations for Council action.

On motion by Mr. Witt, seconded by Mr. Hardcastle, Council authorized the City Solicitor to prepare an ordinance which would make reference in the present Nimlo Code to the Zoning Ordinance adopted April 21, 1975. The motion was carried by a unanimous roll call vote.

Request to Hire a Fire Inspector

Mr. Roe requested permission to hire a Fire Inspector, a position that was frozen after the transfer of a former employee.

Mr. Legates reported that the Legislative and Finance Committee had discussed this matter and recommends approval.

On motion of Mr. Witt, seconded by Mr. Cullen, Council approved the request by a unanimous roll call vote.

City Planner’s Report for the Month of September was accepted.

City Alderman Report for the Month of September was accepted with fines in the amount of $761.00 remitted.

Cash Receipts, General Fund, for the Month of September was accepted.

Budget Report, General Fund, for the Month of August was accepted.

Cash Receipts, Electric Fund, for the Month of September was accepted.

Budget Report, Electric Revenue Fund, for the Month of August was accepted.

Cash Receipts, Electric Improvement Fund, for the Month of September was accepted.

City Manager’s Report

Mr. James referred to a previous question by Mr. Perman and reported that for the Month of September no power was purchased by the City through the Kent Substation. The City did sell $302,003.79 to the PJM Pool for the same period.

Mr. James stated that he is presently evaluating the new heat rate (BTU per net KWH) but since there has been only one month of experience, he will delay any recommendation to Council to reduce the dual adjustment clause until a stable figure can be proven.

The contractor is on the job at McKee Run to complete the noise reduction work. They are presently awaiting the delivery of (8") eight inch pins to complete the job.

On motion by Mr. Legates, seconded by Mr. Cullen, Council accepted the City Manager’s Report as submitted.

Bicentennial Committee Report

On motion of Mr. Legates, seconded by Mr. Cullen, Council acknowledged receipt of the monthly report of the Bicentennial Committee.

J. P. Court #7 Report

The J.P. Court #7 report for the month of September was presented with cash reported in the amount of $5,311.40. Deferred payments as of September 30, 1975 totaled $37,957.82. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council accepted the report as presented.

Public Hearing - William L. Spence Jr., 896 South State Street - Rezoning

A public hearing was duly advertised for this time and place to rezone land located at 896 South State Street owned by William L. Spence Jr. and Betty Ann Spence, equitable owner Basilio N. Bautista.

Mayor Carroll declared the hearing open. There was no one present to speak for or against the rezoning and no correspondence.

The Planning Commission recommended approval of the rezoning. Mayor Carroll declared the hearing closed.

On motion by Mr. Muir, seconded by Mr. Hardcastle, Council by unanimous roll call vote approved the rezoning and 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 896 SOUTH STATE 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 the property described below from RG-1 to RG-0.

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 RG-1 to RG-0 on that property located at 896 South State Street, owned by William L. Spence, Jr. and Betty Ann Spence.

ADOPTED OCTOBER 27, 1975

Ambulance Report

On motion of Mr. Muir, seconded by Mr. Hardcastle, Council acknowledged receipt of the Ambulance Report.

Report - Charter Revision Committee

Chairman Legates presented the report of the Charter Revision Committee held on October 21, 1975 which incorporated proposed changes by Charter section for Council consideration.

Mr. Legates questioned the City Solicitor concerning the proper method of exposing the Charter changes in public hearing if they are adopted by Council.

Mr. Rodriguez replied that an ordinance covering just those sections approved by Council could be prepared for presentation to the General Assembly.

Mr. Legates explained that it was the desire of the Committee to present the proposed changes in a public hearing before submission to the legislature.

In the discussion that followed, Mayor Carroll suggested that the City Solicitor be given a period of time to study the list proposed changes before any action is taken.

On motion by Mr. Witt, seconded by Mr. Legates, Council by a vote of seven (7) yes, Mr. Perman voting no, tabled action on the proposed changes of the Charter until the Regular Council Meeting of November 24, 1975, to permit time for study of the changes by the City Solicitor, members of Council and the staff.

Annexation Request - Nathan L. Cohen - Lands on Persimmon Tree Lane

A letter from Mr. Nathan L. Cohen requested that Council consider the annexation of 85,8544 acres of land located on the north side of Persimmon Tree Lane.

On motion by Mr. Witt, seconded by Mr. Hardcastle, Council referred the request to the Utility Committee and acknowledged receipt of same.

Request to Sell Luminaria Kits - Newcomers Club

Mrs. Leo Gracie, in a letter to Mr. Roe, requested permission to sell luminaria kits for use during Christmas by developments and individual homes in the Dover area.

Mr. Roe reported no problems with use of the kits in developments in the past but expressed some concern if the kits were used in certain non-development residential areas.

Mr. Legates moved for acknowledgment of the letter and further that the Newcomers Club be permitted to sell luminaria kits in all areas that are cleared with the Fire Marshal. The motion was seconded by Mr. Cullen and carried.

Bicentennial Kickoff - Letter of Appreciation

Mikki Brockstedt, Administrative Director of the Bicentennial Committee, expressed her appreciation to all departments of the City for their cooperation in making the Bicentennial Kickoff Celebration a successful affair.

On motion of Mr. Cullen, seconded by Mr. Witt, Council acknowledged receipt of the letter.

General Metalcraft - Building Permit Violation

Mr. Roe informed Council of action his office will take relative to violations of General Metalcraft’s building permit. Attempts to contact Mr. Forsyth, General Manager, have failed and a warrant will be issued. Mr. Roe has halted further storage of materials in the building which has no operable sprinkling system.

Mr. E.A. Helms - Monument - The Green

Mr. McDonough requested that no recommendations have been received from the Bicentennial Committee concerning a request from Mr. Helms to replace the stone monument at it’s original site of The Green.

Yield Sign - Woodcrest Turn and Buttner Drive

Mr. Perman requested that Council consider replacing a stop sign at Woodcrest Turn and Buttner Drive with a yield sign.

On motion by Mr. McDonough, seconded by Mr. Muir, Council referred this matter to the Safety Advisory Committee.

COUNCIL ADJOURNED AT 8:50 P.M.

 

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their meeting of October 27, 1975, are hereby approved.

                                                                        CRAWFORD J. CARROLL

                                                                        MAYOR

November 3, 1975

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