REGULAR MEETING
September 13, 1971
The regular meeting of City Council was held on Monday, September 13, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. J. G. Stapleton of the Peninsula Conference of Methodist.
MINUTES
The minutes of the regular Council meeting of August 23, 1971 were accepted and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of August was accepted.
The Building Inspector & Fire Marshal report for the month of August was accepted.
The City Planner report for the month of August was accepted.
The City Alderman report for the month of August was accepted. Fines in the amount of $289.70 were remitted.
J. P. Court #7 report for the month of August was accepted. A check in the amount of $8,349.68 were remitted.
Cash Receipts, General Fund, for the month of August were remitted and accepted.
Cash Receipts, Electric Revenue Fund, for the month of August were accepted.
Cash Receipts, Electric Improvement Fund, for the month of August were accepted.
City Manager Report for the month of August was accepted.
J.P. COURT #7 - DEFERRED PAYMENTS
A question was raised by Council at to the status of the deferred payments due the City of Dover from the J.P. Courts under the present system of allowing deferred payments by persons that were fined by the Magistrates. As of August 31, 1971, the amount due the City of Dover is $18,738.08. This figure is increasing monthly, although the Governor has stated in the past that there appears to be no problem in collecting these deferred payments. On motion of Mr. Hayes, seconded by Mr. Coyle, Mayor Carroll was asked to write a letter to the Governor and the head of the J.P. Court System, trying to ascertain when this money will be received by the City if ever.
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees was presented by Chairman Hayes of their meeting of August 25, 1971. On motion of Mr. Coyle, seconded by Mr. Holmes, Council accepted the report as presented.
REMODEL CITY HALL ANNEX
A recommendation has been received from the Committee of Committees that the City Hall Annex be renovated to allow the present administrative offices housed in City Hall to be moved next door, this work to be completed by the City of Dover crews, that the Council Chambers be moved from the second floor to the first floor upon the vacation by the administrative officers, and that any vacant portion of City Hall be offered to the Kent County Levy Court on a rental basis. On motion of Mr. Legates, seconded by Mr. Coyle, Council by unanimous vote approved the recommendation of the Committee of Committees as outlined above.
RENOVATION TO FRONT OF ANNEX
Bids were received on September 9, 1971 for the renovation of the front of City Hall Annex. Seven bids were received, with the low bid being that of W. B. Simpson Company of $8,593.00. On motion of Mr. Coyle, seconded by Mr. Hayes, Council awarded the contract to W. B. Simpson at the low bid price of $8,593.00, his bid being in accordance with the specifications.
WAREHOUSE SECOND FLOOR
The Committee of Committees has recommended that approval be given the John L. Briggs Company to add the second floor shell on the new warehouse building at a price of $9,000. This would permit further expansion of the second floor at a later date with a minimum of cost. On motion of Mr. Coyle, seconded by Mr. Biggs, Council approved the recommendation of the Committee of Committees as outlined above.
HARRY R. JACKSON RESOLUTION
On motion of Mr. Walls, seconded by Mr. Holmes, Council by unanimous roll call vote adopted the following resolution in memory of Harry R. Jackson, Former Councilman.
RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF FORMER COUNCILMAN, HARRY R. JACKSON.
WHEREAS, Harry R. Jackson had served the City faithfully and competently as a Councilman from February, 1966 to February, 1970; and
WHEREAS, Harry R. Jackson also served on the City of Dover Planning Commission from February, 1966 to February 1971; and
WHEREAS, Harry R. Jackson had taken a great interest and was of great assistance in the orderly growth of the City of Dover; and
WHEREAS, Harry R. Jackson was very active in many of the community functions of the City of Dover; and
WHEREAS, Harry R. Jackson suddenly departed this life on September 11, 1971.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dover have experienced great personal grief and regret at the death of Harry R. Jackson; and
2. That the Mayor and Council of the City of Dover express their great sorrow at the death of Harry R. Jackson and extend their sincere sympathy to his family; and
3. That the Mayor and Council of the City of Dover direct the Clerk of Council to make this resolution a part of the permanent records of the City of Dover to become a living memorial showing the appreciation of the City for the faithful and competent service rendered by the late Harry R. Jackson.
ADOPTED SEPTEMBER 13, 1971
ZONING ORDINANCE AMENDMENT
A public hearing was duly advertised for this time and place for the consideration of changing the zoning ordinance requirements for visions at street and alley intersection under Section 3.131. Mayor Carroll declared the hearing opened. No one was present to speak for or against the request. 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 OF THE CITY OF DOVER BY CHANGING SECTION 5.131 AS OUTLINED BELOW.
WHEREAS, The City of Dover has enacted a zoning ordinance regulating the use of property within the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change Section 5.131 of the Zoning 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 the Zoning Ordinance of the City of Dover shall be amended by deleting Section 5.131 as it presently appears and inserting in lieu thereof a new Section 5.131 as follows:
1. At all street-alley intersections in all zones within the City of Dover no obstructions to vision shall be erected or maintained on any lot within 15 feet from the curb line or if none, 30 feet from the edge of the roadway.
2. In the case of trees, shrubs, hedges or any other growing type of cover these trees, shrubs or hedges must be kept trimmed so vision is not obscured in any way within the 15 feet zone prescribed in Section 1.
3. Upon notification that the trees, shrubs, hedges or any other growing type of cover are in violation of this ordinance, the owner shall cause the violation to be corrected in fifteen (15) days or be summoned to appear in court in violation of this ordinance.
4. In the case of a vacated property or absent owner, the Dover City Building Inspector shall cause the trees, hedges or shrubs to be trimmed with the costs being assessed against the property owner or owners.
ADOPTED SEPTEMBER 13, 1971
WHARTON REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of Mts. Grace Wharton’s property located on the South Little Creek 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. Biggs, seconded by Mr. Walls, Council by 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 PROPERTY LOCATED ON THE SOUTH LITTLE CREEK ROAD OWNED BY GRACE WHARTON 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 land 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 Map of the City of Dover shall be amended by changing the zoning designation of the property located on the northside of the South Little Creek Road, owned by Mrs. Grace Wharton, and containing approximately 4.6 acres.
ADOPTED SEPTEMBER 13, 1971
KENT COUNTY SPCA
Mr. William Richardson, President of the Kent County SPCA, was present and addressed Council with a request for the City to increase its contribution to the SPCA from the present $1,000 that is being contributed annually. He stated that due to the increase in the cost of the operation of the SPCA, and the service that is rendered to the City of Dover, he was requesting an increase of $2,000 per year in this contribution. Mayor Carroll stated that a portion of the monies now being donated by the Kent County Levy Court are originated in the City of Dover, and he felt that any further increase in donations requested should be made through the Levy Court, where the taxing power of all of the citizens of Kent County lies, since the entire County is served by the SPCA, not just the City of Dover. After further discussion, a motion was made by Mr. Holmes, and seconded by Mr. Holpp, this motion being unanimously approved by Council that the contribution by the City of Dover to the Kent County SPCA be increased from $1,000 to $2,000 per year.
PUBLIC EMPLOYMENT PROGRAM
Under the Emergency Employment Act of the Public Employment Program, the Kent County Levy Court is allotted $112,500 to be administered to the benefit of the people of Kent County. They have determined that the share allocated to the City of Dover will be $35,000. This is a deed-program, that requires that at least 50% of the personnel hired under this program, must be retained on your payroll upon completion of this one-year program. Mr. James, Acting City Manager, stated at this time that he has surveyed his departments and feels that no increase in personnel is needed at this time. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that the Kent County Levy Court be informed that the present employment of the City is very satisfactory and that the employment needs of the City do not warrant the receipt of this grant, but may do so in the future. Mayor Carroll stated that he would answer this letter to the Levy Court.
INTERSTATE SHELTER ALL
A request has been received from Interstate Shelter All to erect two new shelters at school bus stops on Queen Street, west side between North Street and Bank Lane; and on the triangle owned by the City of Dover at Route 113, Route 9, and Bay Road. The feeling of Council was that these shelters have become billboards, and undesirable in that respect. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous vote denied the above request of Interstate Shelter All.
ELECTRONIC SURVEILLANCE, INC.
Electronic Surveillance, Inc. (ESI) has requested permission to run a video cable according to the City specifications on the poles owned by the City, between the Professional Bureau Inc., 153 S. Bradford Street and Kenco, 113 S. This video system will be used for a 24 hour security protection service for Kenco. On motion of Mr. Hayes, seconded by Mr. Legates, Council referred this request to the Utility Committee for their study and recommendation.
CAPITAL BAPTIST CHURCH
A request was received from the Capital Baptist Church asking the help of the City in getting the extended portion of their parking lot resurfaced. This parking lot is used by participants in recreational activities at the Mayfair playground which adjoins the Church property, the entrance to this playground being at the rear of the parking area owned by this Church. The Church has agreed to allow parking for the playground area and activities, whenever the Church is not in session. The Engineering Department of the City has estimated that the cost to blacktop this area would be approximately $2500, and to resurface it with crushed stone approximately $700 to $800. The Church is willing to contribute $300 to this project. On motion of Mr. Legates, seconded by Mr. Coyle, Council directed the City Manager to proceed with this project at the least amount of cost, with the best desired results.
DELAWARE STATE COLLEGE
A request has been received from Delaware State College to lay a temporary 2" plastic water line to supply five (5) houses owned by the College located on the south side of State College Road. Permission had been denied by the Building Inspector, as plastic pipe is not permitted under the City of Dover Plumbing Code. The appeal is now being made to Council. Mr. Willie N. Wright, Director of Building Repairs and Maintenance, was present and addressed Council on this request, stating the College was low on finances and the need for this request, in lieu of installing metal pipe. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote denied the request of Delaware State College for the installation of plastic water pipe, in accordance with the regulations set down in the Plumbing Code.
SYCAMORE TREES - ELM TERRACE
The residents of Elm Terrace have requested of the City that the sycamore trees on Elm Terrace be topped and trimmed. This work can not be done by City crews, so a price was obtained by the City from a tree contractor, F.A. Bartlett Tree Expert Company, to do this work. He has stated that it will cost $1880 to reduce the tops 20'-25' as needed and bring in the sides as required to made the trees look their best. On motion of Mr. Hayes, seconded by Mr. Legates, Council referred this request to the Parks & Trees Committee for their study and recommendation.
COUNTY REZONING - SW CORNER STATE & WYOMING
A request has been received by the Kent County Levy Court to rezone the southwest corner of State Street and Wyoming Avenue. Although this property is not in the City, it is adjacent to the City and effects will be felt by many of the residents of the City of Dover. A request was received by the City Planner for his comments on this rezoning, and he went on record as opposing this rezoning, and felt that the Council would feel the same way. On motion of Mr. Coyle, seconded by Mr. Hayes, Council requested that the City Planner attend the public hearing on this rezoning on September 14, 1971 and express the City of Dover’s opposition to this rezoning.
COUNCIL ADJOURNED AT 9:20 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of September 13, 1971 are hereby approved.
SEPTEMBER 14, 1971 Crawford J. Carroll Mayor