REGULAR MEETING
April 24, 1972
The regular meeting of City Council was held on Monday, April 24, 1972 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by Rev. Gregory Howe of the Christ Church.
MINUTES
The minutes of the regular Council meeting of April 10, 1972 were accepted and bore the written approval of Mayor Carroll.
OLD DOVER DAYS RESOLUTION
On motion of Mr. Biggs, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution.
RESOLUTION PERTAINING TO OLD DOVER DAYS
WHEREAS, Old Dover Days will be held on May 6 and 7, 1972; and
WHEREAS, many visitors will be in the City of Dover to take part in said Old Dover Days.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. All of the citizens of the City of Dover are requested to actively participate in preparing the City of Dover to receive these visitors by cleaning up and fixing up their respective lawns and properties, and are requested to make and extra effort to help beautify the City of Dover for this special occasion.
ADOPTED APRIL 24, 1972
CHICKEN FESTIVAL RESOLUTION
On motion of Mr. Walls, seconded by Mr. Holmes, Council by unanimous vote adopted the following resolution.
WHEREAS, The City of Dover has been selected for the site of the 1972 Delmarva Chicken Festival; and
WHEREAS, The City of Dover is honored to have the Festival in the capital city on Thursday, Friday, and Saturday, April 27, 28 and 29, 1972.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council extend their congratulations and best wishes to all of the officials who have worked so diligently in planning the 1972 Delmarva Chicken Festival and The Mayor and Council further extend their most hearty welcome to all persons attending the 1972 Annual Delmarva Chicken Festival and The Mayor and Council hope that all visitors will enjoy their stay in Dover and the Festival.
ADOPTED APRIL 24, 1972
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on April 11, 1972 was presented by Chairman Walls. On motion of Mr. Muir, seconded by Mr. Biggs, Council accepted the report as presented.
ORDINANCES
Several ordinances pertaining to speed limits, parking and traffic control were recommended by the Safety Advisory Committee. On motion of Mr. Harris, seconded by Mr. Hayes, Council directed that these ordinances be drawn, as outlined in the Safety Advisory Committee report, and presented to Council for their consideration prior to action be taken.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on April 11, 1972 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the report as presented.
J.P. COURT #7 REPORT
The monthly report of the J. P. Court #7 for March was presented to Council, attached to a check in the amount of $9,363.53. The deferred payments due the City of Dover as of March 31, 1972 amount of $21,692.57. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented. Following acceptance of the report, a discussion took place as to the status of the collection of the deferred payments due the City of Dover. Council was informed that the City has met with the J. P. Court #7 and was assured that a detailed report was forth coming, which at this time has not been received. On motion of Mr. Walls, seconded by Mr. Muir, Council requested that a letter be sent to Mr. Morton Kimmel and anyone else necessary to obtain a firm answer on the position of the J. P. Court’s concerning deferred fines due the City of Dover and other municipalities.
TARBURTON LAND DEVELOPMENT
A request was presented to the Utility Committee for sewer and water services to a proposed subdivision on the Tarburton Land on the Whiteoak Road. The estimated cost of extending these lines is $156,000. It is the recommendation of the Utility Committee that the City install these lines with the developer putting up the money and an agreement for reimbursing him over a period of time be worked out with the City of Dover and the developer. On motion of Mr. Holmes, seconded by Mr. Muir, Council approved the recommendation of the Utility Committee and stated that an agreement be worked out between the developer and the City and brought to Council for the study and recommendation.
D P & L PURCHASE POWER CONTRACT
Delmarva Power and Light has proposed and amendment to the existing contract for purchased power between the City of Dover and D P & L. The amendment would provide for an increase in the rate structure to the City of Dover which had been agreed upon as a result of the hearings before the FPC and previously approved in principle by the Council. This contract would go into effect on July 1, 1972 and would run until Unit #3 is placed on the line commercially. On motion of Mr. Holpp, seconded by Mr. Walls, Council by unanimous roll call vote approved the signing on the amendment to the purchase power contract with Delmarva Power and Light commencing July 1, 1972.
CARLISLE WATER REQUEST
The Utility Committee considered the request of Carlisle Land Company for the extension of City water service to their property located on Denney’s Road that they propose to develop. It is estimated that the cost of the extension of these lines would be approximately $115,000. On motion of Mr. Muir, seconded by Mr. Holmes, Council by a vote of 7 ‘yes’ and 1 ‘no’ Mr. Harris, directed the City Manager’s Office to contact Carlisle Land Company to determine whether or not they would be willing to pay the costs of the extension of this water line.
BIGGS REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Saulsbury Road owned by Alfred S. Biggs & Son, Inc. Mayor Carroll declared the hearing opened. Mr. Joseph Coyle, owner of Alfred S. Biggs & Son, was present and spoke on behalf of the rezoning. No one else 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. Hayes, seconded by Mr. Walls, Council by a roll call vote of 7 ‘yes’ and 1 ‘not voting’, Mr. Biggs, 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 PROPERTY LOCATED ON SAULSBURY ROAD, OWNED BY ALFRED S. BIGGS & SON, INC., FROM R-20 TO C-3 USE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover limits, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from R-20 to C-3 on that property described below.
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 Ordinance and Zoning Map of the City of Dover shall be amended to change the zoning designation of the property located on Saulsbury Road, owned by Alfred S. Biggs & Son, Inc., from R-20 to C-3, this property containing approximately 2.5 acres.
ADOPTED APRIL 24, 1972
GRASS CUTTING ORDINANCE
A public hearing was duly advertised for this time and place to consider the amendment to the grass cutting ordinance in the Dover Municipal Code, Section 30-4 to 30-7. Mayor Carroll declared the hearing opened. No one was present to speak for or against the amendment. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following amendment to the Dover Municipal Code.
ARTICLE II - WEEDS
Sec. 30-4 Advertising of week regulations.
The provisions of this Article pertaining to the cutting of grass and weeds of a height in excess of twelve (12) inches shall be advertised in a local newspaper on the first Monday of each month beginning in April and ending in October.
Sec. 30-5 Determination of violation; notice
The Health Inspector or the Fire Marshal shall determine whether any provisions of this Article have been violated, and if it is determined that a violation exists, the Health Inspector shall notify, in writing, the owner, occupant or tenant, setting forth this fact that the premises are in such a condition as to be in violation of this Article.
Sec. 30-6 Duty to contain weeds on property.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for in charge of the premises, to permit any weeds, grass, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of twelve (12) inches or more.
Sec. 30-7 Failure to remove weeds - City authority; costs.
In the event that any owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, within the City shall permit any weeds, grass, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of twelve (12) inches or more as prohibited in Sec. 30-6 of this code, then the Health Inspector or Fire Marshal or his authorized agents shall serve a notice personally or by mail upon the owner, occupant or tenant of the premises, or any agent caring for or in charge of the premises to correct the violation within five (5) days from the date of notice. If the violation is not corrected in the five (5) day period, then the Health Inspector or Fire Marshal or his authorized agents shall serve a summons upon such person or agent as provided for in this code notifying the person or agent of the violation committed. Each day that the premises is permitted to remain in the condition in violation of Sec. 30-6 shall constitute a separate violation of this code.
Sec. 30-7(a) Failure to remove weeds - City authority; costs.
In the event that a vacant parcel of land is in violation of Sec. 30-6 and the owner, occupant, or agent caring for or in charge of the premises, whose residence is outside of the State of Delaware a certified letter shall be sent giving five (5) days after receiving notice from the Health Inspector or Fire Marshal to remove weeds from the premises the City may remove the weeds and charge the responsible person $50.00 an hour for such work that must be done according to this ordinance, which if not paid will be placed on the Lien Docket of the City of Dover as a lien against the property. In the case of an owner, occupant, tenant or any agents caring for or in charge of the premises that fails to comply with Sec. 30-6 after ten (10) consecutive days of being issued a summons, the City may remove the weeds at a cost of $50.00 an hour, which if not paid will be placed on the Lien Docket of the City of Dover as a lien against the property.
ADOPTED APRIL 24, 1972
MEMORIAL DAY HOLIDAY
Memorial Day which is normally observed on May 30th, is this year generally being observed on Monday May 29th. Asst. City Manager James stated that if there were no objections from Council, all City offices would be closed on Monday, May 29th in observance of the Memorial Day Holiday. On motion of Mr. Hayes, seconded by Mr. Walls, Council directed that May 29th be observed as the Memorial Day Holiday.
HOUSE BILL 704
A bill has been introduced into the Delaware House of Representatives that would permit all police and firemen in the State of Delaware engage in Collective Bargaining and would also permit arbitration in order to settle disputes. The Delaware League of Local Governments has taken a stand against this bill. On motion of Mr. Hayes, seconded by Mr. Muir, Council at this time went on record as being opposed to this piece of legislation.
STANDARD BRANDS SEWER TIE
Standard Brands had requested of the City of Dover that they be permitted to pipe their waste into the City of Dover waste treatment facility until the completion of the Kent County Sewer system. The anticipated flow would be approximately 300,000 gallons per day. Mr. James stated that the City can handle the anticipated load, but that prior to any agreement with Standard Brands certain conditions should be made part of the contract, as follows:
1. Responsibility for providing and maintaining pumping equipment to be borne by Standard Brands.
2. Rates should be based on out industrial rate formula.
3. A means of measuring flow to be provided by Standard Brands.
4. That the waste be treated until such time as the county system is operational.
5. At any time that this waste creates a problem or overload to out system, the City of Dover has the option to discontinue this service to Standard Brands.
6. If any untreatable waste was dumped into this system, service would be discontinued until the problem could be eliminated.
On motion of Mr. Hayes, seconded by Mr. Holmes, Council authorized the City Manager’s Office to enter into a contract with Standard Brands for the treatment of their waste until such time as the Kent County system is operable, this agreement to include the abovementioned conditions and any other conditions that might be deemed necessary by the City of Dover.
BUCKSON-RICHARDSON REZONING
A rezoning request has been recommended by the Planning Commission to rezone the 31+ acres of C-4 land located on the northeast corner of the Hartly and Kenton Roads back to the original zoning. This property was rezoned to C-4 on March 8, 1971 and under the present ordinance of the City of Dover if this property is not used for that intended use within one year’s time, the City has the authority to revert to the previous zoning after first holding a public hearing. On motion of Mr. Holmes, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hayes , adopted the following resolution referred the request to the Planning Commission.
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 northeast corner of Hartly and Kenton Roads is presently zoned for C-4 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing will be held on City Hall at 8:00 P.M. on May 22, 1972 on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from C-4 to RG-2, R-8 and R-20 that land located on the northeast corner of Hartly and Kenton Roads, owned by David P. & Particia M. Buckson and Edward H. & Sybil N. Richardson, and containing approximately 31 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 24, 1972
WESLEY COLLEGE CENTENNIAL
From September, 1972 through May, 1973, Wesley College will be celebrating its Centennial. They have requested permission to have erected at several locations in Dover, attractive signs calling attention to the fact that it is the Centennial Celebration of Wesley College. On motion of Mr. Legates, seconded by Mr. Muir, Council referred this request to the Parks Committee for their study and recommendation.
STREET NAMES - CAPITAL COMPLEX
A request has been received from Mr. Hugh Martin, State Secretary of the Department of Administrative Services suggesting to Council that the streets named “C’, “D” AND “E” be changed to conform with the colonial atmosphere of the Dover area and the Capital Complex area. He has suggested several named that might be considered. On motion of Mr. Walls, seconded by Mr. Holmes, Council referred this request to the Planning Commission for their action.
LEONARD COVELL REQUEST
A request was received from Mr. Leonard Covell of 1146 Woodsedge Road asking Council to consider adjusting the tax assessment of his property located at 1146 Woodsedge Road. He stated several reasons why he felt that the assessment was too high. On motion of Mr. Hayes, seconded by Mr. Harris, Council directed that since the appeals have been completed for the year of 1972, this letter be turned over to the Tax Assessor, Mr. Weinstein, and be placed in the file for next years appeals.
ARMED FORCES DAY EXHIBIT
A request has been received from Colonel Charles E. Clague, DAFB Commander, to have the City of Dover sponsor a World War I Aviation Exhibit at the Armed Forces Day and Air Force 25th Anniversary celebration on May 30th. The cost of this sponsorship will be $200. On motion of Mr. Muir, seconded by Mr. Holpp, Council authorized the expenditure of the $200 to sponsor the World War I Aviation Exhibit.
CAPITAL SCHOOL DISTRICT REQUEST
A request was received from the Capital School District to permit them to install ten (10) relocatable-type classrooms for a period of three years at the Dover High School facility. Mr. Roe, Building Inspector, stated that he felt assured that these buildings would not meet the Code requirements of the City of Dover. Mr. Edward W. Goate, Director of Secondary Education, stated that the classrooms to conform to the necessary codes. On motion of Mr. Legates, seconded by Mr. Biggs, Council directed that Mr. Roe meet with the School authorities prior to next Council meeting and obtain any information necessary that will help them to further discuss this matter and make a decision.
CITY HALL ANNEX ADDITION
The Committee of Committees has met and discussed the possible extension of City Hall Annex that would provide the necessary space for Council Chambers and the demolition of the present City Hall. Preliminary plans have been drawn by Calvin Clendaniel and were submitted to the Council for their study and recommendation. On motion of Mr. Hayes, seconded by Mr. Muir, Council authorized the City Manager’s Office to contact Mr. Clendaniel and request that he prepare the necessary plans and specifications and have them returned to Council prior to being sent out to the contractors for bid.
HENRY HELLER ANNEXATION
On motion of Mr. Holpp, seconded by Mr. Harris, Council by unanimous roll call vote of 7 ‘yes’ and 1 ‘no’ Mr. Legates, adopted the following resolution upon the recommendation of the Utility Committee.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
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 west of the present City limits and hereinafter more particularly described 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 herein be annexed to the City of Dover:
ALL those pieces, parcels or lots of land lying and being on the southerly side of Forest Avenue, East Dover Hundred, Kent County and State of Delaware being more particularly described as follows, to wit:
BEING all of the lands of Henry Heller and comprising lots No. 39, 66, and 67 as shown on a plot of lots known as Country Club Estates and of record in the Office of the Recorder of Deeds in and for Kent County, Delaware.
2. That an election be held on the 25th day of May A. D., 1972 commencing at the hour of 1:00 P.M. at the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two week prior to the date of said election.
ADOPTED APRIL 24, 1972
EUGENE GAGEN - MIFFLIN ROAD ANNEXATION
On motion of Mr. Muir, seconded by Mr. Holpp, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’ Mr. Legates, adopted the following resolution upon the recommendation of the Utility Committee.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
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 west of the present City limits and hereinafter more particularly described 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 herein be annexed to the City of Dover:
ALL those certain lots, pieces or parcels of land lying and being contiguous to the City of Dover, East Dover Hundred, Kent County, State of Delaware and being more particularly described as follows, to wit:
BEGINNING at a point in the southerly right-of-way line of the Hazletville Road at its intersection with the easterly right-of-way line of Mifflin Road; thence with the said property line of lands of Eugene Gagen; thence with the six property lines of Eugene Gagen to the easterly right-of-way line of Mifflin Road in part and the boundaries of the City of Dover in part in a southerly direction home to the place of beginning be the contents what they may.
2. That an election be held on the 25th day of May A. D., 1972 commencing at the hour of 1:00 P.M. at the City Hall Annex, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two week prior to the date of said election.
ADOPTED APRIL 24, 1972
COUNCIL ADJOURNED AT 9:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of April 24, 1972 are hereby approved.
Crawford J. Carroll
Mayor
APRIL 25, 1972