REGULAR MEETING
April 8, 1968
The regular meeting of City Council was held Monday, April 8, 1968 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 the Reverend Claude V. Fulks of the South Dover Baptist Church.
MINUTES
The minutes of the regular meeting of March 25, 1968 were approved by Council and bore the written approval of Mayor Carroll.
REPORTS
The Chief of Police report for the month of March was accepted.
Report of Building Inspector and Fire Marshal for the month of March was accepted.
Report of the Acting Alderman for the month of March was accepted. Fines in the amount of $307.20 were remitted to the City of Dover.
Report of Cash Receipts, General Fund, for the month of March was accepted.
Budget Report, General Fund, for the month of February was accepted.
Report of Cash Receipts, Electric Improvement Fund, for the month of March was accepted.
Report of Cash Receipts, Electric Revenue Fund, for the month of March was accepted.
Report of City Manager for the month of March was accepted.
SIDEWALK RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote adopted the following resolution pertaining to the construction and installation of sidewalks in the City of Dover, as requested by the City Manager.
WHEREAS, certain sections of the City of Dover are without sidewalks, and
WHEREAS, the conditions of particular streets within the City require that sidewalks be installed for the safety, convenience, and public welfare of the citizens of Dover, and
WHEREAS, the Mayor and Council of the City of Dover are deliberating the feasibility of a comprehensive sidewalk installation program for the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be set for Monday, April 22, 1968 at 8:30 P.M. in the Council Chambers of City Hall to consider the installation of sidewalks along the streets in the section of the City of Dover bounded on the North by South Street, on the East by U.S. Route 13, on the South by Wyoming Avenue, and on the West by New Burton Road, where curbing is already installed, and assessing the cost thereof to property owners concerned.
2. That notice of the public hearing be given in at least one newspaper published in the City of Dover.
Adopted April 8, 1968
UTILITY COMMITTEE REPORT
Chairman Holpp presented a written report of the meting of the Utility Committee held on April 1, 1968. On motion of Mr. Biggs, Council accepted the report as presented.
DELMARVA POWER & LIGHT AGREEMENT
The Utility Committee recommends that negotiations be entered into with DP&L for the purpose of entering into a pooling agreement, in conjunction with the future requirements of electrical service that might be needed for the City of Dover. It has also been recommended that counsel be engaged to represent the City of Dover. The Utility Committee recommends the employment of the firm of Jennings, Strouss, Salmon and Trask, of Washington, D.C. On motion of Mr. Holpp, seconded by Mr. Harris, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, authorized the City Manager to employ the above mentioned firm.
SEWER LINE RIGHT-OF-WAY
Construction of a sewer line to serve the area north of the Leipsic Road requires negotiation for a right-of-way across the lands of the Delaware State College and the Dover Special School District. Both parties are asking for payment for said right-of-ways. On motion of Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, authorized the City Manager to employ the above mentioned firm.
PARKS, RECREATION & TREES COMMITTEE
Chairman Smith presented a written report of the meeting of the Parks, Playground & Trees Committee meeting held on April 1, 1968. On motion of Mr. Hayes, Council accepted the report as presented.
TARBURTON LAND
A letter was received from Mr. Leon Tarburton offering to the City of Dover the land that was just recently annexed to the City of Dover. This farm land contains approximately 25 acres. Mr. Tarburton has been offered a price for the land by a developer, but would like to see it continue to be available to the citizens of Dover. The price quoted was $55,000, $5,000 at date of purchase and $5,000 per year for the next ten years, at 4% of unpaid balance yearly. Council discussed the possibility of purchasing this land for the use as a municipal park area. Recently requests have been made to the City for the expansion of the Little League, Pony League, and Colt League baseball facilities. All of these could be incorporated in this one area. On motion of Mr. Smith, seconded by Mr. Hastings, Council authorized the City Manager to negotiate the existing proposal with Mr. Tarburton, and at the same time make application through the State of Delaware for up to 75% grant on the purchase of this parkland.
GRASS CUTTING
The Pony and Colt Leagues have requested of the City of Dover that the City cut the grass on their baseball field as they have neither the machinery to do this nor the money to purchase same. On motion of Mr. Harris, seconded by Mr. Jackson, Council directed the City to cooperate with these Leagues in getting their grass cut as the baseball field.
OPENING OF SCHOOL GYMS
Dr. Dustin Wilson was present and stated that in view of the recent School Referendum being defeated by the voters, monies were not available to open the school facilities to outside activities, mainly recreation programs. The cost of custodial fees and utilities would run approximately $8,000 per year. He requested the City of Dover subsidize the Special School District on this matter in order to open the facilities. On motion of Mr. Jackson, seconded by Mr. Holpp, Council authorized the appropriation of the $8,000, with the understanding that definite programing and scheduling will be arranged by the School District, and no charge will be made to the citizens of Dover for the use of these facilities, under these programs. Scheduling and programing to be approved by City Council prior to any payments under this agreement.
SAFETY ADVISORY COMMITTEE
Chairman Smith presented a written report of the meeting of the Safety Advisory Committee meeting held on April 1, 1968. On motion of Mr. Jackson, Council accepted the report as presented.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
Chairman Hayes presented a written report of the meeting of the Legislative & Finance, Wages & Hours Committee held on April 3, 1968. On motion of Mr. Holpp, Council accepted the report as it was presented.
POLICE PAY SCALE
The Legislative & Finance, Wages & Hours Committee has considered the proposed salary scale and budget request of the Police Department for the fiscal year if 1969. On motion of Mr. Holpp, seconded by Mr. Biggs, Council approved the Salary Scale for the Police Department as recommended by the Committee, a report of which is attached to and to become a part of these minutes.
BUSINESS LICENSE ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE REQUIRING LICENSES FOR CERTAIN TRADES, BUSINESSES, AND OCCUPATIONS WITHIN THE CITY OF DOVER, PRESCRIBING LICENSE FEES THEREFORE, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. On and after July 1, 1968, no person shall conduct or engage in any trade, business, or occupation within the City of Dover for which a license is required without first having obtained a license therefor and paid the license fee prescribed for such trade, business or occupation.
The term “person” shall be construed for the purposes of this Ordinance to include any individual partnership, firm, association, or corporation.
2. Licenses shall be required for the following trades, businesses, and occupations in the City of Dover, and the license fees shall be as set forth beside the names of said trades, businesses and occupations:
Advertising Agency
Amusement Conductor
Amusement Park Operator
Architect
Attorney-at-Law
Auctioneer
Barber
Beautician
Broker
Chiropodist
Chiropractor
Cleaner and/or Dyer
Coat and Towel Supplier
Coin Operated Amusement
Machine Owner
Coin Operated Vending
Machine Owner
Cold Storage Plant Operator
Dairyman
Dentist
Distributor
Drayman
Eating House Keeper
Employment Agent
Entertainment Agent
Finance Acceptor
Floor Show Operator
General Repairman
Hotel or Motel Keeper
Incorporator
Laundry Operator
Manicurist
Mercantile Agency
$ 20.00
10.00
40.00
20.00
20.00
20.00
12.00
12.00
20.00
20.00
20.00
10.00
20.00
20.00
20.00
20.00
40.00
20.00
20.00
20.00
20.00
20.00
20.00
40.00
40.00
12.00
20.00
20.00
40.00
12.00
20.00
Motor Vehicle Serviceman
Operator of Pool Tables, Billiard Tables
Shuffle Boards or Bowling Alleys
Optometrist
Osteopath
Pawnbroker
Photographer
Peddlers
Resident of Kent County
Resident of State of Delaware
Non-resident of State of Delaware
Printers and/or Publishers
Physician and/or Surgeon
Professional Engineer
Public Accountant
Public Bath Keeper
Real Estate Agent
Rooming House or Tourist Home Keeper
Salvage Yard Operator
Shoe Repairman
Showman
Taxicab or Bus Operator
First Cab or Bus
Each additional Cab or Bus
Transportation Agent
Undertaker Veterinarian
Warehouseman
All Businesses not Specifically Mentioned
Above
$ 12.00
40.00
20.00
20.00
20.00
20.00
12.00
20.00
100.00 20.00
20.00
20.00
20.00
20.00
20.00
12.00
20.00
12.00
40.00
5.00
3.00
20.00
20.00
20.00
20.00
Manufacturers, two hundredths of one percent (.02%) of aggregate gross receipts.
Merchants, two hundredths of one percent (.02%) of aggregate gross purchases for resale.
Bottlers, two hundredths of one percent (.02%) of aggregate gross purchases for resale.
Contractors, two hundredths of one percent (.02%) of aggregate gross receipts.
Every manufacturer and contractor shall file with the Clerk of Council on or before the 30th day of June of each year a written statement verified by the oath or affirmation of the individual licensee or one member of the partnership, firm or association, or the president, treasurer or secretary of a corporation, setting forth the aggregate gross receipts of such business during the year ending on the 1st day of June preceding. The license fee for each such manufacturer or contractor shall be two hundredths of one percent (.02%) of the gross receipts so reported, but not less than $2.50.
Every merchant or bottler shall file with the Clerk of Council on or before the 30th day of June each year a written statement verified by the oath or affirmation of the individual licensee, or one member of the partnership, firm or association, or the president, treasurer or secretary of a corporation, setting forth the aggregate cost value of all merchandise purchased for sale in the course of such business during the year ending on the 1st day of June preceding. The license fee for each such merchant or bottler shall be two hundredths of one percent (.02%) of the gross purchases for sale so reported, but not less than $2.50.
Any person, firm or corporation which shall be required to obtain a merchant’s license shall not be required to obtain any other license hereunder with the exception of the eating house keeper, who shall be required to obtain both the merchant’s license and the eating house keeper’s license.
Every non-resident contractor who has not yet filed a written statement of aggregate gross receipts as herein before provided shall pay a license fee based upon the contract or contracts carried out in the City of Dover. Such non-resident contractor shall pay a license fee in the amount of two hundredths on one percent (.02%) of the amount of such contract or contracts.
3. Every applicant for a license under the provisions of this Ordinance shall make an application for such license upon forms provided by the Clerk of Council which shall include the following information:
a. The name and business address of the licensee;
b. The trade, business, or occupation for which the license is requested;
c. A statement that the applicant has complied and will continue to comply with all the Ordinances of the City of Dover. The said application shall be verified by the oath or affirmation of the individual licensee, or of one member of a partnership, firm or association, or of the president, secretary, or a director of a corporation applying for a license.
Upon proper application and payment of the prescribed fee a license shall be issued to each such applicant, signed by the Clerk of Council, the Fire Marshal and the Executive Officer of the Board of Health. Each such license shall be valid and effective from the first of July of each year or the date of issuance thereafter, to the 30th day of June of the following year. A record of all licences issued and licensee fees paid shall be maintained at the City Hall. Each such license shall be upon a form provided by the Clerk of Council which shall set forth the following information:
a. The name and business address of the licensee;
b. The trade, business, or occupation for which the license is granted;
c. The date of issuance of the license;
d. The amount of the license fee paid to the City.
4. Each license granted under this Ordinance shall be for the sole use and benefit of the licensee to whom it is issued and shall not be transferable. In case of the death of any individual licensee his personal representative shall succeed to all rights thereunder until the date of expiration of the license issued.
5. Every person holding a license authorizing the conduct of any business, trade, or occupation shall expose such license in a conspicuous manner in the principal office of the place of business of such person in the City of Dover.
6. Any person convicted of a violation of the provisions of this Ordinance shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or upon failure to pay such fine shall be imposed shall be imprisoned for not more than thirty (30) days.
The individuals composing any partnership, firm, or association, and the President and Directors of any corporation, and each of them, shall be personally liable for the license fees herein prescribed for such partnership, firm, association or corporation and subject to prosecution for the conduct of a trade, business, or occupation by such partnership, firm, association or corporation in the City of Dover without the license herein required. In the event that any person shall maintain his main office at some place other than the City of Dover and a branch office or place of business in the City of Dover, the agent or representative who conducts said branch office or place of business in the City of Dover shall also be personally liable for the license fees herein prescribed and subject to prosecution for the conduct of trade, business, or occupation without the license herein required.
7. The premises of every licensee shall be open to the inspection of the Fire Marshal and the Executive Officer of the Board of Health during all business hours. If any violation of any of the Ordinances of the City of Dover by a licensee or applicant for a license come to the attention of the Clerk of Council, the Fire Marshal or the Executive Officer of the Board of Health, he shall immediately notify the licensee or applicant of such violation and the measures necessary for its correction, and he may in his discretion refuse the issuance of a license applied for or suspend a license previously issued until said corrective measures have been accomplished.
8. All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. This Ordinance shall not repeal its predecessor which was passed June 14, 1954, until July 1, 1968.
9. In the event that the license fee set forth herein is not paid on or before August 1 of each year, then the licensee shall incur a penalty in the amount of 1% per month of the amount of the licensee fee until the same is paid.
Adopted April 8, 1968
J. COLBY HARRIS REZONING
A request has been received from Mr. J. Colby Harris to rezone approximately 1 acre of land he owns on New Burton Road. A public hearing was duly advertised for this time and date. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval of the rezoning. Mayor Carroll closed the hearing. On motion of Mr. Hastings, seconded by Mr. Smith, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED ON NEW BURTON ROAD, AND OWNED BY J. COLBY HARRIS, FROM R-10 TO C1.
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-10 to C1 use on the property described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. 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-10 to C1 use on the land owned by J. Colby Harris on New Burton Road, containing approximately 1 acre.
Adopted April 8, 1968
TAX APPEALS
The committee of Council appointed to hear tax assessment appeals reported that five (5) property owners were present in the two days of hearings to appeal the assessment on their property. On motion of Mr. Smith, seconded by Mr. Jackson, Council acted on the recommendation of the Committee as follows:
Lily M. Larkin, parking lot on South Bradford Street, approved no change in assessment, $10,000.
Dover Associates, Inc., Priscilla Block Building, approved no change in assessment, $134,200.
James H. & Betty A. Hutchins, 623 North Bradford Street, Approved no change in assessment, $12,100.
Jardel Company, Inc., Blue Hen Mall, approved no change in assessment, $1,810,200.
Lester G. & Pauline Monismith, 57 Upland Avenue, approved no change in assessment, $9,600.
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote set the tax rate for the 1968 year at 90¢ per $100 of assessed valuation.
ANNEXATION REFERENDUM RESULTS
The election officials who conducted the referendum election on March 30, 1968 on the question of annexing to the City of Dover certain lands located adjacent to the City of Dover, certified to the Council the results of the election as follows:
DERRICKSON LANDS OTHER LANDS
FOR ANNEXATION 276 747
AGAINST ANNEXATION 0 3679
On motion of Mr. Hayes, seconded by Mr. Hastings, Council by unanimous vote accepted the report of the election officials as presented.
ANNEXATION RESOLUTION
On motion of Mr. Hastings, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS ON THE SOUTH AND WEST, AND WEST OF U.S. ROUTE 13 WITHIN THE LIMITS OF THE CITY OF DOVER.
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 deemed it in the best interest of the City of Dover to include the area adjacent to and north and east of the City Limits and west of Route 13 as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 30th day of March A.D., 1968 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following described area situate in East Dover Hundred, Kent County, Delaware as more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL those lots, pieces or parcels of land lying and being situate adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
BEGINNING at a point in the westerly right of way line of U.S. 13 and being a corner for land of Realty Register, Inc. And thence with lands of the said Realty Register, Inc. in a westerly and northerly direction to the lands of the development known as East Lake Gardens; thence in an easterly direction with lands of the said East Lake Gardens to the easterly right of way line of U.S. 13 and thence crossing said U.S. 13 with a continuing line to the easterly boundary of U.S. 13; thence with the easterly right of way line of U.S. 13 in a southerly direction to a point opposite the first line described; thence directly crossing U.S. 13 to the point in the easterly right of way line and the place of beginning be the contents thereof what they may.
2. That a certified copy of this Resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 9th day of April, 1968 at 12:01 A.M. O’Clock.
Adopted April 8, 1968
ABANDONED CAR ORDINANCE
On motion of Mr. Jackson, seconded by Mr. Harris, Council by unanimous vote adopted the following ordinance.
AN ORDINANCE PROHIBITING ABANDONMENT OF VEHICLES; RESTRICTING THE DISPOSITION OR KEEPING OF WRECKED, NON-OPERATING, OR DISCARDED VEHICLES ON STREETS OR PRIVATE PROPERTY; PROVIDING FOR IMPOUNDING OF CERTAIN VEHICLES; AND IMPOSING PENALTIES.
WHEREAS, in The City of Dover vehicles are or may in the future, be abandoned in the streets and other places within the City; and
WHEREAS, there are or may in the future be dismantled, partially dismantled, wrecked, junked, non-operating or discarded vehicles left about the City other than in junk or other appropriate places;
WHEREAS, such conditions tend to impede traffic in the streets or interfere with the enjoyment of and reduce the value of private property; invite plundering; create fire hazards and other safety and health hazards to children as well as adults; interfere with the comfort and well-being of the public; and create, extend, and aggravate urban blight; and
WHEREAS, adequate protection of the public health, safety and welfare requires that such conditions be regulated, abated or prohibited;<