REGULAR MEETING
July 10, 1967
The regular meeting of City Council was held Monday, July10, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes and Smith. Councilman Jackson was absent.
The invocation was said by Rev. Edward R. Wilkins of Wesley Church.
MINUTES
The minutes of the meeting of June 26, 1967 were approved by Council, and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for June was accepted.
Report of the City Alderman for the month of June was accepted. Fines in the amount of $304.80 were remitted to the City of Dover.
Report of the Fire Marshall and Building Inspector for June was accepted.
Cash Receipts, General Fund, for the month of June was accepted.
Budget Report, General Fund, for the month of May was accepted.
Cash Receipts, Electric Revenue Fund, for the month of June was accepted.
Cash Receipts, Electric Improvement Fund, for the month of June was accepted.
City Manager Report for the month of June was accepted.
ELECTRIC ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Smith, Council by a vote of 7 ‘yes’ and 1 ‘absent’ adopted the following ordinance:
AN ORDINANCE ADOPTING RULES AND REGULATIONS AFFECTING ELECTRIC WIRING AND APPARATUS NOW IN EXISTENCE AND IN THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR REPAIR OF BUILDINGS, STRUCTURES OR ANY OUTDOOR ELECTRICAL DISPLAYS OR SIGNS, DEFINING THE DUTIES AND POWERS OF THE BUILDING INSPECTOR, INCLUDING PERMITS AND PENALTIES FOR THE VIOLATIONS THEREOF.
Be It Ordained by the Council of the City of Dover in Council Met:
Section 1. Adoption of National Electric Code.
The is hereby adopted by the Dover Council of the City of Dover etc.
(Attached hereto and to be made a permanent part of these minutes is a copy of the electrical ordinance to become effective as of this date of passage.)
Adopted July 10, 1967
BIDS ON POST OFFICE BUILDING
Formal bids were received by the City of Dover on Friday, July 7, 1967 at 2:00 P.M. in the Council Chamber of City Hall. The following two bids were received:
Wilmington Trust Company - $290,000.00
Wesley Methodist Church, Dover - $305,000.00
On motion of Mr. Hayes, seconded by Mr. Hastings, Council by a vote of 6 ‘yes’, 1 ‘no’, Mr. Holpp, and 1 ‘absent’, Mr. Jackson, authorized the sale of the Post Office Building to the highest bidder, Wesley Methodist Church.
FURNITURE & TYPEWRITERS - POLICE STATION
Sealed bids on the purchase of furniture for the new police building were received by the City of Dover. There was only one bidder on the furniture, Capitol Office Equipment with a bid of $13,063.73. On motion of Mr. Hayes, seconded by Mr. Hastings, Council authorized the awarding of the furniture contract to the Capitol Office Equipment Company.
Bids were also received on the supplying of 3 electric and 7 manual typewriters for the new police building. The following bids were received:
Kent County Business Machine Company - $ 2,003.70
Royal Typewriter Company - 2,445.05
Whelan’s - 2,517.00
IBM - 1,286.50 (electric typewriters only)
On motion of Mr. Harris, seconded by Mr. Biggs, Council authorized the awarding of the contract for the purchase of the typewriters to the low bidder, Kent County Business Machines.
PLANNING CONTRACT
A contract has been presented to the City of Dover by the State of Delaware Planning office providing for Local Planning Assistance. This contract is in conjunction with the planning in the City of Dover over the next two year period. The total cost of this project will be $42,563, of which the City will pay $22,200 and the State $20,363. The cost of $22,200 tot eh City is for services to be rendered by the Planning Office of the City of Dover. In turn the Federal Government will reimburse the City of Dover $15,534, which will leave the City a net cost of $6,666 over the next two year period. This cost to be assessed entirely in services by the City of Dover.
On motion of Mr. Hastings, seconded by Mr. Harris, Council by a vote of 5 ‘yes’ and 2 ‘no’, Mr. Hayes, and Mr. Smith, and 1 ‘absent’, Mr. Jackson, authorized the City of Dover to enter into this contract with the State of Delaware Planning Department and adopted the following resolution:
A RESOLUTION FOR URBAN PLANNING ASSISTANCE
WHEREAS, the City of Dover has an officially constituted Planning Commission as prescribed by the Delaware Code citation contained in Chapter 7, Section 701; and
WHEREAS, the Mayor and Council of this City desires to supplement its planning program by participating in the Federal Urban Planning Assistance (701) Program;
NOW, THEREFORE, BE IT RESOLVED: by the Mayor and Council to hereby authorize the City of Dover in the County of Kent, to enter into the necessary agreements with the Delaware State Planning Office for purposes of receiving financial aid under the 701 program; and
FURTHER BE IT RESOLVED: that the planning work program as submitted to the Planning Commission on February 14, 1967 is hereby agreed to with the understanding that such services rendered by the City of Dover will not exceed a total cost of $6666.00 to this community.
Adopted July 10, 1967
P&B REZONING
A request has been presented to Council to rezone from R-20 to R-8 and RG-2 use the area bounded on the south by Webbs Lane, on the north by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone which is just east of Garton Road. The request has been duly advertised for a public hearing at this time and date. Mayor Carroll declared the hearing opened. There was no one present to speak for or against this rezoning. The recommendation of the Planning Commission was for approval. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Smith, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Jackson, passed the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE AREA BOUNDED ON THE SOUTH BY WEBBS LANE, ON THE NORTH BY NEW BURTON ROAD, ON THE EAST BY THE PRESENT C-1 ZONE AND MAYFAIR, AND ON THE WEST BY THE PRESENT R-20 ZONE, WHICH IS JUST EAST OF GARTON ROAD, FROM R-20 USE TO R-8 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-8 and RG-2 in the area 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-20 to R-8 and RG-2 use the area bounded on the south by Webbs Lane, on the North by New Burton Road, on the east by the present C-1 zone and Mayfair, and on the west by the present R-20 zone which is just east of Garton Road.
Passed July 10, 1967
WILLEY REZONING
A request was presented to Council to rezone from R-20 to RG-2 and C-4 the property of Mrs. Agnes Willey bounded on the East by U.S. Route 113, on the west by the present RG-2 and R-20 zones, on the south by the Danner Farm, owned by the State of Delaware, and on the north by lots #1, 31, 32, 73, and 74 of the Bay Road Development. The request was duly advertised for a public hearing at this date and time. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. Council asked to see a plot of the proposed rezoning, in reference to the Willey land. The plot was not available at this time. Mayor Carroll declared the hearing closed. On motion of Mr. Hughes, seconded by Mr. Hayes, Council tabled any action on this matter until a later date.
CHICKEN FESTIVAL
A letter was received from Mr. Robert Reed, Local Chairman of the Chicken Festival asking Council for a contribution of approximately $500 to help defray the cost of the decorations on Loockerman Street, State Street and part of Kings Highway. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous vote authorized the City of Dover to contribute up to $500 to help defray the cost of decorations hung on the streets during the Chicken Festival.
BLOCK PARTY - NORTHWEST DOVER HEIGHTS
A request was received from the residents of Northwest Dover Heights asking permission to block off a street in that area on July 22, 1967 from 2 P.M. until 10 P.M. for the purpose of holding a block party. It has been the policy of the City not to grant permission close off streets for these type of affairs. On motion of Mr. Hayes, seconded by Mr. Hastings, Council by unanimous vote denied this request.
PENSION BOARD
In connection with the recently adopted Employees Pension Plan, appointments to the Pension Board must be made within 30 days of the enactment of the Plan, July 1, 1967. The employees are to meet with the City Manager and City Clerk in the near future to discuss the pension plan and to make preparations to elect their representatives to the Pension Board. The Board will consist of the Mayor, the City Manager, a member of Council, a sworn member of the Police Department, and a member from the remaining employees of the City of Dover. On motion of Mr. Harris, seconded by Mr. Hayes, Council approved unanimously the recommendation of Mayor Carroll that Councilman Turner B. Hastings serve as the Council representative on the Pension Board.
KENT COUNTY SEWER LINE
A letter was received from the Kent County Levy Court containing a rough proposal for a sewer line the would ultimately serve the sewer needs of Kent County. The initial stage would be constructed to serve the Cheswold - Dover area. Kent County has expressed a desire to have this portion of the line constructed as soon as possible, so they may make available sewage facilities to the Latex plant at Cheswold. Latex has requested of the County these sewage facilities or it may have to move its plant out of the area. The first section of this lines that the County would like to construct is from Cheswold to the Muderkill River, in the area of Frederica. This cost has been estimated at $5,000,000. The cost to the City of Dover for this section has been estimated at an annual charge of $268,000 without Federal EDA Grants and about $201,000 with Federal EDA Grants. This breakdown comes to approximately $24 with grant and $32 without grant for each unit in the City of Dover that will be serviced. These amounts would cover at least a five year period. Further projected in a Bay Fallout plan that would carried the waste out into the Delaware Bay at a future date. The plan would cost the City of Dover approximately $716,000 without EDA Grants and about $526,000 with EDA Grants. This cost would be over a 15 year period. Following the presentation of these figures by Mr. Neylan, the Council had opportunity to question Mr. Glen Richter, President of Kent County Levy Court, and a representative of the Engineering Firm that has been retained by the County. On motion of Mr. Hayes, seconded by Mr. Hastings, Council delayed any action on this matter pending receipt of a copy of this report by each of the members of Council. This report is to be furnished to the Council Members by the County and its Engineering Firm.
SIDEWALK CLEARANCE SALE
A letter was received from the Central Dover Business Assn. requesting permission to hold a Sidewalk Clearance Sale on July 20, 21 & 22 from 9:00 A.M. to 5:30 P.M. daily, with the exception of Friday, July 21, when the Sale will be held until 9:00 P.M. On motion of Mr. Hayes, seconded by Mr. Biggs, Council granted this request to the merchants, with the approval of the City Manager and Chief of Police.
Council adjourned at 9:05 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of July 10, 1967 are hereby approved.
July 11, 1967 Crawford J. Carroll Mayor
ATTACHMENT
AN ORDINANCE ADOPTING RULES AND REGULATIONS AFFECTING ELECTRIC WIRING AND APPARATUS NOW IN EXISTENCE AND IN THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR REPAIR OR BUILDINGS, STRUCTURES OR ANY OUTDOOR ELECTRICAL DISPLAYS OR SIGNS, DEFINING THE DUTIES AND POWERS OF THE BUILDING INSPECTOR, INCLUDING PERMITS AND PENALTIES FOR THE VIOLATIONS THEREOF.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. Adoption of National Electrical Code.
There is hereby adopted by the Dover Council of the City of Dover for the purpose of establishing rules and regulations for the installation, renewal, extension, and reception of electric wiring and electric apparatus in existing buildings, structures, or outdoor electrical displays or signs, that certain code known as the “National Electrical Code” as recommended by the National Fire Protection Association, being particularly the 1965 Edition thereof and the whole thereof, hereinafter referred to as the National Electrical Code:, of which not less than three (3) copies have been and now are filed in the office of the City Clerk and the Building Inspector are hereby adopted and incorporated a fully as of set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling for all existing and future electrical wiring and apparatus in building, structures, or outdoor electrical displays, or signs within the corporate limits of the City.
Section 2. Enforcement.
The “National Electrical Code” adopted in Section 1 hereof shall be enforced by the office of the Building Inspector. The Building Inspector shall, upon the installation, renewal, extension and reception of any electric wiring and electric apparatus pursuant to be made by himself or his duly authorized agents, to determine that the electrical work conforms with the provisions of the “National Electrical Code” and this ordinance of this ordinance of this City and the statutes of the State of Delaware, as contained in Title 24 of the Delaware Code antedated of 1953.
Section 3. Prohibition Without Application for Inspection
No person, co-partnership, firm, association, corporation or other legal entity shall hereafter install, receive, renew or extend electrical wire or conductors to be used for the transmission of electric current for electric light, hear or power purposes in existing buildings, structures or outdoor electrical displays or signs or in the construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs, without first applying for an Application for Inspection to do so pursuant to the provision of this ordinance.
(a) All such applications for inspection shall be made to the Building Inspector or in lieu thereof to the “Middle Department Association of Fire Underwriters,” a non-profit corporation, hereinafter referred to as “Underwriters”, or a similar organization that specializes in such inspections, as determined and approved by the Building Inspector.
(b) Any person making any false answers to any of the questions or items set forth in such application form shall forthwith forfeit and surrender any application issued pursuant thereto.
(c) Such application form shall contain questions designated to elicit information to determine whether or not said proposed electric wiring and electrical apparatus complies with the “National Electrical Code” and any other ordinance of the City or the laws of the State of Delaware.
(d) Each such application form shall be accompanied by a fee prescribed by this ordinance.
(e) The “Underwriters” or other authorized organization, as aforesaid, shall furnish to the Building Inspector proof in writing that an application for inspection of the proposed electric wiring and electric apparatus has been made to “Middle Department Association of Fire Underwriters” a nonprofit corporation, hereinafter referred to as “Underwriters”, or a similar authorized organization that specializes in such inspections, to determine that the electrical work conforms with the provisions of the “National Electrical Code” and this ordinance. The payment of all inspection fees and charge of the “Underwriters” or a similar authorized organization shall be borne by the applicant.
(f) Each applicant for inspection shall cause the premises covered by the application to be open for inspection or inspections to the Building Inspector and his agents and the representative or representatives of the “Underwriters” or similar authorized organizations at all reasonable times.
(g) Upon determination by the Building Inspector or an authorized inspection organization that the proposed electric wiring and electric apparatus comply with the “National Electric Code” and the provisions of this ordinance and the provisions of the ordinance of this City and the laws of the State of Delaware, a certificate of approval shall be issued forthwith.
(h) All application for inspection shall expire at expiration of one year from the date of issuance by the Building Inspector or authorized inspection organization.
Section 4. Inspection of Work Under Application.
(a) All inspections shall be made to insure that the proposed electrical work complies with the provisions of the “National Electrical Code”. No electric wiring shall be concealed unless inspected and approved by the Building Inspector or his agents and their representative or representatives of the “Underwriters” or similar authorized organizations, but such inspection or reinspection shall be made within a reasonable time after notice of the completion of the electrical work sought to be inspected for approval. A duplicate record of each written approval made by the “Underwriters” or similar authorized organizations shall be filed with the Building Inspector.
(b) All decisions made to determine whether or not the proposed electrical work complies with the provisions of the “National Electrical Code” shall be made by the Building Inspector.
(c) The Building Inspector shall have the power to stop electrical work and order the removal thereof when he determines that such work is being installed not in conformity with the “National Electrical Code” and this ordinance and the provisions of the ordinances of the City and the laws of the States of Delaware.
(d) The Building Inspector may waive his inspection of all or that portion of the proposed electrical work for which he shall have reviewed a duplicate record or approval by the “Underwriters” or similar authorized organizations that it complies with the provisions of the “National Electrical Code” and this ordinance. The Building Inspector shall be informed of all violations not corrected within 15 days of notification to the contractor by the Underwriters or the authorized organization.
Section 5. Inspection of Existing Wiring and Apparatus.
In order to safeguard persons and property against the hazards and perils incident to defective electric wiring and apparatus that are or may now be in existence within the corporate limits of the City the Building Inspector is hereby given the duty to inspect with his agents and the representative or representatives of the “Underwriters” or similar authorized organizations when requested by proper authority, or when public interest so requires, any premise within the City at reasonable times to insure that the existing electric wiring system and apparatus is not defective and unsafe.
(a) All decisions that the existing electric wiring system and apparatus is defective shall be made by the Building Inspector in writing on notice to the owner of the premises served forthwith personally or by regular mail addressed to the address as shown on the latest tax records, with reasons for his decision.
(b) Upon the Building Inspector’s decision that the existing electric wiring system is defective and unsafe, aforesaid, the system or portions of the system which are defective and unsafe shall be discontinued until it is corrected and made to comply with the provisions of the “National Electrical Code” in accordance with this ordinance.
Section 6. Council.
Every applicant and owner of the premises and other parties in interest shall have the right to demand in writing a hearing before the Council of the City of Dover to contest any decision or order made by the Building Inspector. Such demand for a hearing shall be signed by the contesting party stating what portions of the Building Inspector’s decision or orders are contested and his, her, or their interest in the premises.
(a) The Council of the City of Dover shall fix a time and place for the Hearing not less than 10 days nor more than 30 days after receiving such demand for a hearing and cause a notice of the hearing to be served personally or by regular mail on the contestant, owner of the premises and other parties in interest.
(b) The contestant, owner of the premises and other parties in interest shall have the right to appear in person, or otherwise, and give testimony at the hearing, and the rules of evidence prevailing in the courts shall not be controlling.
(c) The Council of the City of Dover, within a reasonable time after such hearing, shall make its decision, and the City Clerk shall serve a copy of the decision personally or by regular mail on the contestant, owner of the premises and other parties in interest.
Section 7. Approved Listing.
Only the materials, fittings and devices enumerated in the “Listings of Underwriters Laboratories, Inc., or approved by the inspection authority,” as revised from time to time, shall be used in the electrical work regulated by the “National Electrical Code” and this ordinance.
Section 8. Supplements.
The “National Electrical Code” herein adopted is supplemented by adding thereto the following which is made a part thereof.
(a) Whenever an application for inspection is required under the terms of this ordinance for electrical wiring and apparatus to be done in connection with a gas or oil burner installation in any existing building or structure or in the construction, reconstruction, alteration or repair of building or structures, there shall be installed an emergency shut off switch with a red plate thereon marked “oil burner” or “gas burner” as the case may be, at the entrance to the basement or heating room.
Section 9. Modification on Application.
The Building Inspector shall have the power to modify any of the provisions of this ordinance, upon application in writing by the owner of a premise or his agent, when there are practical difficulties in the way of carrying out the strict letter of this ordinance, provided that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done.
Section 10. Exemption.
No permit shall be required under this ordinance for the following electrical work:
(a) Minor repair work such as the replacement of lamps and fuses.
(b) Any electric light or power company, electric railway company, steam railway company, diesel railway company or telegraph or telephone company, nor to any person performing the electrical work of any such company, when such work is a part of the plant or services used by the company in rendering its authorized service to the public.
(c) Any person employed by any other person to repair and maintain or to supervise the repair and maintenance of any electrical equipment on the premises and buildings of the employer.
(d) Any person who installs his own electrical work, service or equipment in or about his own home and not for sale, except that such person shall be required to file application for inspection with the proper electrical inspection authority.
(e) Any employee of any person engaged in the performance of electrical work while under the supervision of any master electrician, general master electrician limited.
(f) Property used exclusively for agricultural purposes is excluded from all provisions of this ordinance, except for the necessity to file an application for an inspection certificate with the authorized inspection authority where new installations are involved.
(g) Any manufacturing or industrial establishment retaining in its own employment a professional Electrical Engineer with at least 10 years experience in planning and design. Such Engineer may inspect the plant’s additional electrical installations if the said industrial plants file with the State Board of Electrical Examiners and the Building Inspector the name of the Electrical Engineer that would be responsible for such electrical inspection and to file with the Board of Electrical Examiners and the Building Inspector a letter stating that all additional electrical installation meets the minimum standard of the National Electrical Code or any revisions thereof once a year.
(h) Nothing in this ordinance shall be construed as to forbid insertion in electrical circuits by unlicenced persons of devices or appliances which are properly designed for such insertion and for which proper wiring and insertion devices are installed.
(i) Nothing in this ordinance shall be so construed as the restrict anyone from servicing equipment in the fields of heating, air conditioning, refrigeration, or appliances.
Section 11. Fees.
Fees for permits or renewal thereof required by this ordinance shall be as follows:
(a) There shall be no fee for permits or renewals thereof issued by the Building Inspector as may be required by this ordinance.
(b) Fees for applications for inspections issued by the “Underwriters” or similar authorized organization, as may be required of this ordinance, shall be as determined by said “Underwriters” or similar authorized organizations and approved by the Building Inspector.
Section 12. Penalties.
Any person who shall violate any of the provisions of this ordinance or of the “National Electrical Code” hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any other made thereunder, or who shall do or cause to be done electrical work in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal had been taken, or who shall fail to comply with such an order as affirmed or modified by the Building Inspector within the time fixed therein, shall severally for each and every such violation and noncompliance respectively, be guilty of violating this ordinance, punishable by a fine not exceeding one hundred dollars ($100.00) or by imprisonment for not exceeding thirty (30) days or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited condition are maintained shall constitute a separate offense.
Section 13. Repeal of Conflicting Ordinances
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the “National Electrical Code” hereby adopted are hereby repealed.
Section 14. Validity.
The invalidity of any section or part of this ordinance shall not affect the remaining sections.
Section 15. Date of Effect.
This ordinance shall take effect immediately upon its final passage.