REGULAR MEETING
March 27, 1967
The regular meeting of City Council was held Monday, March 27, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, and Jackson. Councilman Smith was confined to his home due to illness.
MINUTES
The minutes of the meeting of March 13, 1967 were approved and bore the written approval of Mayor Carroll.
LEGISLATIVE & FINANCE, WAGES & HOURS REPORT
Chairman Hayes gave a report of the Committee meeting which tool place on Monday, March 20, 1967. He reported that the revision of the pension plan is still being worked on, and hopes to have it finalized in the near future. On motion of Mr. Hastings, Council accepted the report of the Legislative & Finance, Wages & Hours Committee.
SGT. GEMMILL
Sgt. Walter Gemmill of the Police Department has been off on extended sick leave since November 30, 1966. His present sick benefits and vacation benefits expire on March 31, 1967. The Health and Accident Insurance provided to all employees, who so desire to participate, pays a maximum of $50 per week for a six month period. Sgt. Gemmill is a member of this insurance plan, and had been receiving this $50 benefit which will expire approximately June 1, 1967. The Chief of Police has asked that his pay by continued. On motion of Mr. Hastings, seconded by Mr. Holpp, Council approved the recommendation of Legislative & Finance, Wages & Hours Committee, that being, that Sgt. Gemmill be advanced sufficient sick benefit to carry him through August 1, 1967, on condition that during the period sick benefit is paid under the insurance program he will be advanced sick leave to give him one-half pay, or $57.50 per week, and that when the insurance benefit expires he will be advanced sick leave sufficient to give him full pay of $115 per week until August 1, 1967. This advanced sick leave will be repaid from accrued sick leave in future years upon Sgt. Gemmill’s return to work.
VOTER REGISTRATION
A recommendation for registration of voters for municipal elections was presented by the Legislative & Finance, Wages and Hours Committee. The recommendation was for an ordinance to be drawn by the City Solicitor providing registration dates on the second Saturday of September, October, and November between 12 noon and 5 P.M. and on the business days of the last full week in December of each year between 9 A.M. and 4:30 P.M. On motion of Mr. Harris, seconded by Mr. Hastings, Council authorized the City Solicitor to prepare such an ordinance to be presented to the Council for it’s approval.
TAX APPEALS COMMITTEE
On motion of Mr. Holpp, Council approved the recommendation of Mayor Carroll to appoint Messrs, Biggs, Hayes and Jackson to the Tax Appeals Committee. Councilman Hayes will be chairman of this committee. The appeals were set for April 3rd and 10th, between the hours of 2 P.M. and 4 P.M. in City Hall.
ZONING CHANGE
A request for rezoning has been received by Council to change the zoning of the property located on U.S. Route 113, known as the Danner Farm, which is owned by the Delaware State Highway Department, from R-20 to I0. A public hearing is required prior to any change in the zoning ordinance or zoning map. On motion of Mr. Jackson, seconded by Mr. Holpp, Council adopted the following resolution and referred the request to the Planning Commission.
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on U.S. Route 113, known as the Danner Farm, is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and zoning map,
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That a public hearing be held at City Hall at 8:00 P.M. on April 24, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to I0 use the property located on U.S. Route 113, known as the Danner Farm.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 27, 1967
WORKABLE PROGRAM
An updated workable program had been prepared for the approval of Council and presented at the Council meeting of March 13, 1967. Action on this matter was delayed at that meeting until such time as the Council has a chance to further study the request. On motion of Mr. Jackson, seconded by Mr. Harris, Council authorized submission of the updated workable program to the Federal Government.
DELMARVA POULTRY INDUSTRY
A request has been received from the Delmarva Poultry Industry relevant to parking 50 house trailers within the City Limits during the Chicken Festival which is being held on June 22, 23, and 24, 1967. All of the trailer owners are residents of the Eastern Shore and belong to a club and travel all over the country in groups such as would be coming to Dover for the Chicken Festival. They are trying to obtain permission from the Board of Education to park these trailers on the Middle School grounds, which will be the headquarters for this Festival. All of these trailers are self-contained, but they would take water and electricity if it were made available to them. They would like to be near the center of the festivities. On motion of Mr. Hastings, seconded by Mr. Hayes, Council tabled this request until more information can be obtained and presented to the Council.
250TH RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Holpp, Council adopted the following resolution, pertaining to the 250th Anniversary Celebration.
RESOLUTION SETTING FORTH REGULATIONS ON LICENSES AND PERMITS FOR DOVER’S 250TH ANNIVERSARY, INC.
WHEREAS, the City of Dover is in this year 1967 celebrating the 250th anniversary of its being laid out at the instructions of William Penn, and
WHEREAS, the City has encouraged and aided the establishment of a corporation, DOVER’S 250TH ANNIVERSARY, INC., to arrange and conduct suitable celebration, and
WHEREAS, such celebration to be successful will need publicity and promotion, and a feeling of community participation is a healthy part of such celebration, and
WHEREAS, said corporation is defraying a portion of the expenses of such celebration by the sale of official souvenirs and novelties bearing the legend DOVER’S 250TH ANNIVERSARY and of other wares incidental to its Spectacle, Parade, and other performances, which sales would be adversely affected by non-official offerings by others attracted into such activities by profit and not bearing the related expenses.
NOW THEREFORE IT IS HEREBY RESOLVED AND ENACTED THAT:
1. Dover’s 250th Anniversary, Inc. shall be permitted from now to May 15, 1967 to distribute handbills (due care being against littering), to conduct caravans or single vehicle progresses and curbside stops for promotional skits and happenings, and to use public address systems (if not of undue prolonged loudness) on vehicles, stands and reviewing stations and at the front of its headquarters at 306 South State Street, Dover, and
2. It is the sense of this Council that no wares bearing “Dover’s 250th Anniversary” or inscription, seal, or device to that effect should be sold except by or through Dover’s 250th Anniversary, inc., and no permits for sale of souvenirs, novelties, or other wares in connection with Dover’s 250th Anniversary (other than renewals or extensions of presently existing permits, or permits for bona fide continuing Dover business establishments) shall be granted prior to May 15, 1967 except on such arrangements as may be concurred in by Dover’s 250th Anniversary Inc.
Adopted March 27, 1967
HOSPITALITY CENTER
A request has been received from the 250th Anniversary Inc., to seek permission to use the lobby of the Old Post Office building that was just recently acquired by the City, as a hospitality center and/or first aid station during the week long celebration to take place in May. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the request of the 250th Anniversary Inc.
ELECTRICAL HEATING ADVERTISING
The City Manager, Mr. Neylan, stated that he had been contacted by a local electrician who has entered the electric heat business and is about to advertise in the local papers on his emergence into this business. It was thought that being we would be supplying electricity to the consumer, in the event he installed the electric hear into a home within the City of Dover Electric System, maybe it would be advantages for us to participate in this initial advertisement of this contractor. Most of the contractors and suppliers that this electrician would be doing business are going to participate in this initial advertisement. This would be a one time only advertisement and would cost the City $35. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by vote of 4 ‘yes’, Messrs Biggs, Hastings, Hayes and Holpp, 3 ‘no’, Messrs Harris, Hughes and Jackson, and 1 ‘absent’, Mr. Smith, authorized the City Manager to participate in this one time advertising at the cost of $35.
ADVERTISING BY THE CITY
It was at this time suggested that the City set a policy on advertising of the Electric Heat Rate that is available to all customers within the City of Dover Electric System. Mayor Carroll suggested that a sum be allotted annually in the Electric Budget for the specific purpose of advertising. On motion of Mr. Holpp, seconded by Mr. Hayes, Council referred the question of advertising to the Utility Committee, and for them to study the idea and suggest an amount to be allotted for the budget, and to make a report to Council at a later date.
CURB INSTALLATIONS
The City plans to improve certain streets and to install concrete curb and gutter, the cost of which will be charged to abutting property owners who now lack curb. A public hearing is required before proceeding with such projects and assessing the cost thereof.
On motion of Mr. Hayes, seconded by Mr. Hastings, Council adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF BANK LANE BETWEEN QUEEN STREET AND NEW BURTON ROAD.
WHEREAS, The City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of Bank Lane between Queen Street and New Burton Road and charging the cost thereof to property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which the property owners concerned and other residents of the City may be heard, and that notice of such hearing be published,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:10 P.M., April 10, 1967 on the question of installing concrete curb and gutters on both sides of Bank Lane between Queen Street and New Burton Road and assessing the cost thereof to the property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
Dover Gas Light Company
Robert H. Reed
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted March 27, 1967.
On motion of Mr. Hayes, seconded by Mr. Hastings, Council adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF GARTON ROAD BETWEEN WEBBS LANE AND NEW BURTON ROAD.
WHEREAS, The City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of Garton Road between Webbs Lane and New Burton Road and charging the cost thereof to property owners, and
WHEREAS, The City of Dover requires that a public hearing be held prior to such action, at which the property owners concerned and other residents of the City may be heard, and that notice of such hearing be published,
NOW, THEREFORE, BY IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:15 P.M., April 10, 1967 on the question of installing curb and gutters on both sides of Garton Road between Webbs Lane and New Burton Road and assessing the cost thereof to property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
National Enterprises, Inc. Frank J. Shivick
Delaware State News Hilda Porter
Harold B. Hughes Est., c/o Thomas Hughes
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted March 27, 1967
On motion of Mr. Hayes, seconded by Mr. Hastings, Council adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF BROWN STREET BETWEEN ANN AVENUE AND McKEE ROAD.
WHEREAS, The City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of Brown Street between Ann Avenue and McKee Road and charging the cost thereof to property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which the property owners concerned and other residents of the City may be heard, and that notice of such hearing be published,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:20 P.M., April 10, 1967 on the question of installing concrete curb and gutters on both sides of Brown Street between Ann Avenue and McKee Road and assessing the cost thereof to property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
William & Nancy C. Perry
Harry, Jr. & Alma A. Jones
Lee H. & Bernice C. Gibbs
Howard R. & Dorothy J. Hall
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted March 27, 1967.
On motion of Mr. Hayes, seconded by Mr. Hastings, Council adopted the following resolution:
RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING TO CONSIDER THE INSTALLATION OF CURB AND GUTTER ON BOTH SIDES OF SLAUGHTER STREET BETWEEN NORTH STREET AND LOOCKERMAN STREET.
WHEREAS, The City Council of the City of Dover is considering the installation of concrete curb and gutter on both sides of Slaughter Street between North Street and Loockerman Street and charging the cost thereof to property owners, and
WHEREAS, the Charter of the City of Dover requires that a public hearing be held prior to such action, at which the property owners concerned and other residents of the City may be heard, and that notice of such hearing be published,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of the City of Dover will hold a public hearing in the Council Chambers at City Hall at 8:25 P.M., April 10, 1967 on the question of installing concrete curb and gutters on both sides of Slaughter Street between North Street and Loockerman Street and assessing the cost thereof to property owners.
2. The following-named persons are the owners or the purported owners of the properties in front of which the concrete curb and gutter will be installed:
Janette D. Turner Norman H. & Delsie Neal
Glennia Marshall Eugene C. & Lillian Hopkins
Rev. H. Williams Whatcoat Methodist Church
Mary & John Kellum Est. 100 West 10th Street Corp.
c/o Esther B. Paterson
3. At the said meeting the Council will hear the aforesaid owners of property and other residents of the City in accordance with the Charter of the City of Dover.
Adopted March 27, 1967.
CURB DEPRESSIONS
The City Manager asked Council to transfer the Authority to granted permission for curb depression from the Council to the Office of the City Manager. Under the Charter of the City of Dover, permission can now be granted for such a request only by the Council. Council recommended that he City Solicitor and City Manager get together on this request in conjunction with preparation of an ordinance to be presented to Council at a later date.
WOODS MANOR WATER DISTRICT
Mr. William McDaniel and Mr. John Bryson spoke to the Council on the possibility of their forming a water district in the vicinity of Woods Manor. Their recent request to Council extend the water lines into this area was denied and necessitated this action on their part. Mr. Bryson stated that the residents of this area have three courses to follow. The first being, obtaining City water, the second being the formation of a water district, and the third and last, forming of a non-profit water corporation. There is an extreme need for water in this area due to a sanitation problem. There are approximately 65 households in this area of which 61 have signed a petition stating that they would be in favor of forming a water district, only, and only if, City water were not made available to them. The Levy Court of Kent County would be petitioned for the formation of the water district, of which Federal Funds would be available for such a project. Mr. McDaniel stated that every homeowner in this area has indicated a desire to become part of the City through annexation, but being a remote area and not contiguous to the City Limits presents a barrier. In order to take in this area the entire area of Kent Acres would have to first be included within the City Limits. Messrs McDaniel and Bryson both stated that this water district being outside the confines of the City needed no action of Council, but they felt they wanted to make the Council aware of what they were planning on doing, since it will indirectly effect the City of Dover.
ANNEXATION
Council discussed the availability of sewer and water to the area known as Woods Manor which is adjacent to Moores Lake. The only way this area could be served by the City, would be if the City were to annex the area from the now present City Limits which are located at the south side of Wyoming Avenue on the West side of State Street and Carroll’s Corner on the East Side of State Street. The entire area from these points to and including Woods Manor would have to be annexed prior to any utilities being extended to that area. On motion of Mr. Hastings, seconded by Mr. Holpp, Council by a vote of 6 ‘yes’ and 1 ‘no’, Mr. Haris, and 1 ‘absent’ Mr. Smith, requested that the City Manager ascertain all the problems involved with annexation of this area, and make a report to the Council on same.
W. DEAN JOHNSTON
A letter was received from Mr. John Maybee, the attorney for W. Dean Johnston, in reference to the sewer assessment on his property located at 118 Ann Avenue, Northwest Dover Heights. The problem was brought before the Utility Committee and Council at an earlier date. Mr. Johnston has a irregular shaped lot, being 110' across the front and only 22.5 across the rear, where the sewer pipe was laid. He was billed in accordance with the City regulations on a front foot basis. He is requesting an adjustment, feeling that the billing procedure in this case is unfair. On motion of Mr. Harris, seconded by Mr. Jackson, Council referred this request to the City Manager to determine if there are any similar situations prior to any action being taken by Council.
250TH HISTORICAL SPECTACLE
A letter was received from the 250th Anniversary Inc. announcing a meeting to be held on April 7th at 7:30 P.M. at the Treadway Inn to enlist volunteers for the Historical Spectacle which will be held at the Dover High School Grounds on Walker Road during the week-long celebration.
SENIOR CITIZEN CENTERS
An invitation has been received inviting the Mayor and all Public Officials to a Conference on Senior Citizen Centers to be held in the Central Elementary School auditorium on Academy Street, Newark on Saturday, April 8, 1967.
JOE SMITH WATER BILL
A letter was received from Mr. Joe Smyth concerning a water bill in the amount of $54 owed to the City for water service to his house on 274 Richard Bassett Road, Rodney Village. This bill has been delinquent since July, 1965. Mr. Smyth leases this house, with the stipulation that the lessee pay all utilities. The City Ordinance stated that the home-owner is responsible for all debts to the City, regardless of any arrangements with the tenants of his property. Mr. Smyth had been threatened with discontinuance of this service if this bill were not settled in full. Mr. Smyth claims the tenant, who has since moved from his property, is responsible, and not he as the owner. On motion of Mr. Hayes, seconded by Mr. Hastings, Council referred this letter to the City Solicitor for his opinion on this matter before any action would be taken. Councilman Hughes was absent from the voting.
METHOD OF VOTING FOR MUNICIPAL ELECTIONS
Mr. Buckson, City Solicitor, had been asked to give an opinion on the method of voting in the Municipal Elections of the City of Dover. The question had been raised as to whether election of Councilman should be at-large, as has always been done in the past, or whether they should be elected by districts. Mr. Neylan, City Manager, had compiled a report on the changes and amendments to the City Charter concerning the method of electing City officials. The method of at-large elections has been used since the time the original Charter was adopted by the City of Dover. No desire to change this method had been expressed until 1956, when a question was submitted to the voters at the regular Municipal election held on January 16, 1956. The question of continuing the present system of at-large elections, or changing the Charter to vote for Councilman by district was submitted to the voters at this time. The votes cast for the present system were 462 and votes cast for the revision of the Charter for district elections amounted to 114. Thereby the method of elections was not changed, as indicated by the majorities desire. At this time, Mr. Buckson called on Mr. Ralph Tischer, Wages & Hours Committee while being a member of City Council for many years. During Mr. Tischer’s tenure as a member and Chairman of this committee he said that the question of voter eligibility and voting methods were often discussed, but no attempt was made in any way at any time to change the method of election of Councilmen. Mr. Buckson then stated that the City of Dover had but the two choices as have been mentioned before. First, if the City were to go to election by districts, it would require a census to be taken in order that the districts would be apportioned equally or within less than 1%. This census would also be required prior to all municipal elections in order that equal voting from each district could be determined. Mr. Buckson felt that a City of Dover’s size could continue to hold elections by its present method and avoid the problems of reapportionment that would be required under district elections, which are governed by the One-Man, One-Vote rule. Mr. Buckson then stated, that it was his opinion, that the most recent election of Councilmen held on January 16, 1967, that these Councilmen were duly elected by the qualified voters of the City of Dover and having been duly sworn to the Oath of Office as Councilmen were authorized to sit in the Council of the City of Dover. If anyone so desired to challenge this it would have to be done in the court of law. A copy of the report prepared by the City Manager is included with the minutes of this Council Meeting.
CODIFICATION OF ORDINANCES
NIMLO, a non-profit organization, has offered to codify the ordinances of the City of Dover for a price of $10,000, and an annual cost of 4150 for keeping up to date any ordinances that will be passed in the future. On motion of Mr. Harris, seconded by Mr. Hastings, Council authorized the City Manager to proceed when the funds are available, to have NIMLO codify the ordinances of the City of Dover.
Council adjourned at 9:30 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of March 27, 1967 are hereby approved.
March 29, 1967 Crawford J. Carroll Mayor