REGULAR MEETING
July 26, 1971
The regular meeting of City Council was held on Monday, July 26, 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. William Miller of Calvary Wesleyan Church.
MINUTES
The minutes of the regular meeting of City Council held on July 12, 1971 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on July 15, 1971 was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.
NEPA-DOVER, INC.
A request has been received from Mr. Francis Nepa, builder of a shopping center on U.S. Route 113, to run sewer and water lines from where they are presently located on River Road across private property to his location and from U.S. 113 across private property also to his location. This is not the normal policy of the City to extend sewer and water lines across private property at the expense of the City. The Utility Committee has recommended the request of Mr. Nepa be denied. On motion of Mr. Holpp, seconded by Mr. Coyle, Council approved the recommendation of the Utility Committee, denying the request of Mr. Nepa.
DELAWARE 500 AD
The Utility Committee has recommended that a full page ad be taken in the official program of the “Delaware 500" auto race to be held at Dover Downs on October 17, 1971. On motion of Mr. Hayes, seconded by Mr. Walls, Council approved the recommendation of the Utility Committee.
BENNETT SECURITY SERVICE-UNIT #3
Upon the arrival of the equipment of Unit #3 at McKee Run, it will be the responsibility of the City to provide a storage area and security guard around the clock during the construction period. Bennett Security Agency has given the City a price of $2.80 per hour for a security guard and prices are being obtained for the fencing of the area along the easterly fence line of the existing McKee Run property. On motion of Mr. Walls, seconded by Mr. Biggs, Council authorized the Acting City Manager to employ the Bennett Security Service upon the arrival of the equipment, and to obtain prices for the erection of a fence in the storage area, these prices to be reported back to Council.
FIRE HYDRANTS
Consideration was given to the problem of fire hydrants being located on the City limits of Dover and benefits being received from non-residents of the City lying adjacent to these fire hydrants. Mr. Roe, City Fire Marshal, has contacted the Middle Department of Fire Underwriters concerning this matter and they advised him that if the City did not choose for the properties without the City limits to receive insurance benefits from their fire hydrants that a letter to them would be all that was necessary to eliminate these benefits from their fire coverage. The Utility Committee has recommended that the Fire Marshal be authorized to write such a letter requesting that these credits be withdrawn. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a vote of 6 ‘yes’ and 2 ‘no’, Messrs Holpp and Muir, requested that no action be taken on this matter, and that the Utility Committee recommendation be denied.
COUNTY SEWER LINE
The County sewer line that empties into the St. Jones River adjacent to the City Treatment Plant has been put into operation. Daily tests have been run on the effluent by our plant personnel and the initial indication is that the BOD content is above the limits allowed. The City has never been notified that this line was in operation by the County. The Utility Committee has recommended that a letter be written to the Kent County Levy Court requesting them to notify us what their intentions are insofar as this County line is concerned since it appears that it is already in use, and a copy of the letter that the Water and Air Resources Commission, who apparently is also unaware that he line is in use. On motion of Mr. Coyle, seconded by Mr. Walls, Council directed the Acting City Manager to write such a letter.
PLUMBING CODE AMENDMENT
There are presently some properties in the City of Dover who have sewer and/or water available but as of this time have not hooked up to either or both of these utilities. The Utility Committee has recommended that an ordinance be adopted amending the Plumbing Code that would require these properties or any future properties to hook up to such utilities within one year upon official notification by the City of Dover. On motion of Mr. Coyle, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE PLUMBING CODE OF THE CITY OF DOVER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Plumbing Code of the City of Dover is hereby amended by adding the following new Section thereto be known as Section 1.12
Section 1.12 Property Owners Required to Use Water and Sewer Facilities.
1. Once sewer and/or water lines are installed in an area and are ready for use, the Plumbing Inspector shall notify all property owners in the area that they must tap into said sewer and water lines and abandon their existing sewer and water systems. Such notification shall either be delivered personally to the property owner or sent by certified mail to his last known address. The notice shall state that the owner shall have a period of one year from the date of the letter or notice to tap into said sewer and water lines. Such tap shall be made in conformity with this Code and the Ordinances of the City.
2. In the event that the property owner fails to tap into said water or sewer system within the time specified, he shall be prosecuted by the Plumbing Inspector for failure to comply with the terms of this Section and he shall be fined in the amount of $5.00 per day, for each day that passes beyond the time specified for tapping into said lines.
ADOPTED JULY 26, 1971
BUCKSON-RICHARDSON REZONING
A public hearing was duly advertised for this time and place for the purpose of considering the rezoning of the land owned by David P. Buckson and Edward H. Richardson located on the south side of the Hartly Road. Mayor Carroll declared the hearing opened. Mr. David Buckson was present to speak 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. Biggs, seconded by Mr. Muir, 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 SOUTHSIDE OF THE HARTLY ROAD, OWNED BY DAVID P. BUCKSON AND EDWARD H. RICHARDSON, FROM R-20 TO RG-2 AND C-1A 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-2 AND C-1A on the 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-2 and C-1A on that property located on the southside of Hartly Road, owned by David P. Buckson and Edward H. Richardson, and containing approximately 23.185 square feet.
ADOPTED JULY 26, 1971
FOX HALL REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of properties located between College Road and Walker Road, east of Kenton Road. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. This area was not advertised , and therefore could not be considered in this rezoning request, and would remain as R-20. The Planning Commission has recommended this area be rezoned as outlined. Mayor Carroll declared the hearing closed on motion of Mr. Walls, seconded by Mr. Hayes, Council by a 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 PROPERTIES LOCATED BETWEEN COLLEGE ROAD AND WALKER ROAD, EAST OF THE KENTON ROAD FROM R-20 TO RC, R-7, R-10 AND RG-2 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 R-7, R-10 and RG-2 on the 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RC, R-7, R-10 and RG-2 on that property located between College Road and Walker Road, just east of the Kenton Road, a copy of the area rezoning map being attached as a permanent part of these minutes.
ADOPTED JULY 26, 1971
FOX HALL REZONING
A request has been received to rezone a parcel of land located north of Walker Road adjacent to property owned by the Carlisle Lane, Inc. A public hearing is required prior to amending the zoning map and ordinance. On motion of Mr. Walls, seconded by Mr. Hayes, Council adopted the following resolution and referred this 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 north of Walker Road in Fox Hall is presently zoned for R-20 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 be held at City Hall on August 23, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to RG-3 that land lying north of Walker Road in Fox Hall, adjacent to the lands of Carlisle Lands, Inc.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED JULY 26, 1971
SILVER LAKE ASSOCIATES REZONING
On motion of Mr. Legates, seconded by Mr. Hayes, Council removed from the table the request of Silver Lake Associates to rezone property they own located on Kings Highway NE. A public hearing was held on June 14, 1971, but action was deferred pending a recommendation from the Planning Commission. The Planning Commission has unanimously recommended approval of this request. On motion of Mr. Hayes, seconded by Mr. Holmes, 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 WESTSIDE OF KINGS HIGHWAY NE, OWNED BY SILVER LAKE ASSOCIATES, FROM RG-2 TO RG-4 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 RG-2 to RG-4 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 Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from RG-2 to RG-4 on that property located on the west side of Kings Highway NE, owned by Silver Lake Associates, and containing approximately 4.99 acres.
ADOPTED JULY 26, 1971
HEDGE OBSTRUCTIONS
A written report was presented by Chief of Police Spence at the request of Council on the hedge problem in the City at various intersections of streets and alleys. The Chief outlined which of these hedges he felt were traffic hazards and those that he felt were not. On motion of Mr. Legates, seconded by Mr. Holmes, Council deferred action on this survey, pending study by the Council and action will be taken at a later meeting.
VITAL ENCEPHALITIS CASE
On July 19, 1971, a suspected case of viral encephalitis was reported in the City of Dover, Specimens were sent from Kent General Hospital to the Communications Disease Center in Atlanta, Georgia to be analyzed. The cooperation of many organizations was needed to transport this specimen on such short notice and due to the urgency of obtaining the results. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution expressing thanks and gratitude to the organizations for their cooperation in this matter.
WHEREAS, on Monday, July 19, 1971, a case of viral encephalitis was reported in the City by the Kent General Hospital; and
WHEREAS, it was necessary to have specimens analyzed to determine whether there was any danger of an outbreak of mos mosquito borne encephalitis in the City; and
WHEREAS, the specimens had to be transported immediately to Atlanta, Georgia, to the Communicable Disease Center to be analyzed; and
WHEREAS, the Dover Air Base; State of Delaware Board of Health; State of Delaware Department of Public Safety; Marieta, Georgia Police Department; Atlanta, Georgia Police Department; and the Communicable Disease Center of Atlanta, Georgia participated in the transfer and analysis of the specimens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Mayor and Council of the City of Dover wish to express their appreciation for the participation of the various above mentioned agencies and organizations in assisting in the transportation and analysis of specimens which was necessary to determine that there was no danger of an outbreak of mosquito borne encephalitis in the City.
ADOPTED JULY 26, 1971
UNITED FUND RESOLUTION
On motion of Mr. Coyle, seconded by Mr. Muir, Council by unanimous vote adopted the following resolution.
WHEREAS, the United Fund of Central Delaware contributes greatly to the successful operation of many service organizations in the City of Dover, and
WHEREAS, the United Fund of Central Delaware adds much to the way of life in the City of Dover, and
WHEREAS, support of the United Fund is a responsibility of all citizens of the City of Dover, and
WHEREAS, the United Fund of Central Delaware is staring its Pacesetter’s Campaign on August 16, 1971 with Sears Roebuck and Company, and ILC Industries, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET, to wholeheartly support the efforts and goals of the 1971 United Fund Campaign and urge the support and participation of all residents of the City of Dover.
ADOPTED JULY 26, 1971
DELMARVA WAREHOUSES
A request was received from Delmarva Warehouses, Inc. to release the sewer, water and sidewalk liens against a parcel of land they own that they would like to convey to the Capital School District. These liens would be transferred to the remaining land and liens against Delmarva Warehouses, Inc. that are presently on the lien docket. This land is 0.17 acres in size, and is being transferred for the purpose of squaring boundaries between Delmarva and the School District. On motion of mr. Coyle, seconded by Mr. Muir, Council authorized the signing of such and agreement that would release the lien on the 0.17 acre piece of property, such lien to be transferred to the existing lien on Delmarva Warehouses, Inc.
ANNEXATION REQUESTS
A request was received from the Ches-Del Corporation asking Council to consider the annexation of some 82.5 acres of land they own located on the east side of McKee Road north of the present City limits. On motion of Mr. Hayes, seconded by Mr. Coyle, Council referred this request to the Utility Committee and at the same time requested that a pole be taken of the residents in the area, including this land, bounded by College Road, McKee Road, Dennys Road and U.S. Route 13, these results to be made available to the Utility Committee for their consideration in this matter.
A request was received from Mr. & Mrs. Clifford Ennis and Bruce Ennis asking Council to consider the annexation of Lots 11, 12, 13 and 14 in Country Club Estates. On motion of Mr. Coyle, seconded by Mr. Walls, Council referred this request to the Utility Committee for their recommendation.
OPPOSITION TO JULY 30 ANNEXATION
A letter was received from residents and non-residents in the area that is being proposed for annexation, the referendum to be held on July 30, 1971. Their letter was stating their opposition to such an annexation, feeling that it was illegal in the manner in which is was being held and that legal action might be taken if the Council does not reconsider the matter before holding such a referendum. City Solicitor Rodriquez felt that the City was doing nothing illegal and that the referendum should be held as advertised. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘no’, acknowledged receipt of the letter.
REVENUE STUDY COMMISSION APPOINTMENT
A letter was received from the Director of the Legislative Council, George Frick, stating that under House Joint Resolution No. 8, the Council was charged with making an appointment to a Revenue Study Commission for the State of Delaware. On motion of Mr. Legates, seconded by Mr. Biggs, Council confirmed the request of the Mayor and appointed the Chairman of the Legislative & Finance, Wages & Hours Committee, William A. Hayes, to serve on the Commission.
DOWNTOWN PA SYSTEM
The Downtown Business Association had contracted with Musak to pipe music along Loockerman Street in the Downtown business area. They have requested from the City the use of labor and equipment to install approximately 33 speakers along Loockerman Street. Acting City Manager James stated that this work would be done by the line department, and the Business Assn. has agreed to pay the cost of the installation. On motion of Mr. Legates, seconded by Mr. Walls, Council authorized the Acting City Manager to work out the details with the Business Assn., all applicable cost to be paid by them.
VOLUNTEER FIREMENS MEMORIAL PARK
A request has been received from Mr. Elbert Golder, President of the Delaware Volunteer Firemen’s Association, asking Council to dedicate the park area on the east side of Mirror Lake along Park Drive, to be known as the “Volunteer Firemen’s Memorial Park”. On motion of Mr. Legates, seconded by Mr. Muir, Council referred this request to the Parks Committee for their study and Recommendation.
CHRISTMAS SEAL BANNERS
The Delaware Tuberculosis Society has requested to install two banners over prominent street locations in Dover to advertise its annual Christmas Seal Campaign from the first week in November through the last week in December. On motion of Mr. Legates, seconded by Mr. Walls, Council granted permission to the Delaware Tuberculosis Society, pending the approval of location by the City Manager’s Office.
CABLE TV
A proposed rate increase has been announced by the Delaware Cable TV Service of approximately $1.00 per month per service. On motion of Mr. Hayes, seconded by Mr. Legates, Council requested that the Utility Committee restudy the agreement that now exists between the City and the Cable TV Service.
VOTER REGISTRATION
A letter was received from Mr. Kenneth Abraham concerning his inability to register to vote for City of Dover elections. Stating that he was a student in college, and being away from home, he would not be available in Dover to register on the prescribed dates as outlined in the Ordinance governing voter registration. On motion of Mr. Coyle, seconded by Mr. Holpp, Council requested that an ordinance be drawn and presented to Council for their consideration, that would allow voter registration on each and every working day of the year, in lieu of the now prescribed dates.
COUNCIL ADJOURNED AT 9:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of July 26, 1971 are hereby approved.
July 28, 1971 Crawford J. Carroll Mayor