REGULAR MEETING
April 11, 1977
The Regular Meeting of Council was held on April 11, 1977 at 7:30 P.M. with Vice-Mayor Muir presiding. Members present were Messrs. McDonough, Weyandt, Hardcastle, Carey, Witt and Bewick. Mayor Legates and Councilman Carson were absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
Mr. McDonough moved to correct the Minutes of March 28, 1977, under the heading “Appointment - Planning Commission Member Courtney P. Houston”, stating that the vote was five (5) yes, two (2) no, Mr. Hardcastle and Mr. Carey.
Mr. Witt seconded the motion, which was unanimously carried.
Mr. McDonough questioned the Minutes, under the heading “Limit on Agenda Additions”, stating that he was recorded as seconding the motion. Mr. Bewick stated that he seconded the motion.
Mr. Witt moved to correct the Minutes to read “Mr. Weyandt moved that each Councilman be allowed one addition to the Agenda, with the exception of emergencies. The motion was seconded by Mr. Bewick and carried by a vote of five (5) yes, two (2) no, Mr. Witt and Mr. McDonough.”
The motion was seconded by Mr. McDonough and unanimously carried.
Mr. Witt moved for the adoption of the Minutes of March 28, 1977 as corrected, seconded by Mr. Bewick and unanimously carried. The Minutes bore the written approval of the Vice-Mayor, James P. Muir.
AGENDA ADDITIONS
Item #18
Mr. McDonough requested an additional agenda item #18 to consider an appointment to the Planning Commission.
Item #19
Mr. Witt requested an additional item 319 to discuss the use of the prison facility on Water Street.
Item #4a
Mr. Willis requested an additional agenda item for the purpose of reading a Proclamation from Mayor Legates relating to the Society for the Preservation and Encouragement of Barbershop Quartet Singing in America.
GENERAL FUND AUDIT - 1975-76
Mr. Witt reminded Council that Mr. Manter suggested in his audit remarks, that the City of Dover should not incur additional bonded indebtedness. Therefore, Council should adhere to this particular advisement.
On motion by Mr. Weyandt, seconded by Mr. McDonough, Council accepted the General Fund Audit for the year 1975-76 by a unanimous roll call vote, with Mr. Carson absent.
ELECTRIC FUND AUDIT - 1975-76
Mr. Witt called attention to exhibit E of the Electric Fund Audit which displays a net increase in financial position of 2.534 million dollars. He voiced praise to Mr. James and his staff, for an achievement accomplished in such a short period of time.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council accepted the Electric Fund Audit for the fiscal year 1975-76 by a unanimous roll call vote, Mr. Carson absent.
RESOLUTION - SPRING CLEAN UP WEEK
On motion by Mr. Witt, seconded by Mr. Bewick, Council by a unanimous roll call vote, Mr. Carson absent, adopted the following resolution.
WHEREAS, the Mayor and Council desire to place special emphasis on a clean and beautiful City, and
WHEREAS, traditionally in May there is a period set aside to honor the past and heritage of the City, and
WHEREAS, the annual Old Dover Days will be celebrated May 14th and 15th, 1977.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The period of April 30th - May 9th, 1977 be designated Spring Clean Up Week for the City.
2. All citizens are encouraged to clean up and beautify their premises and to place any trash and debris that they may have at the curb for pickup during said Special Clean Up Week.
3. During said Spring Clean Up Week, City of Dover crews will pick up any debris or trash removed by citizens and placed at curbside on a non-scheduled basis and as needed in the area.
4. The City Clerk of the City of Dover is hereby directed to make this resolution a part of the permanent records of the City of Dover.
ADOPTED APRIL 11, 1977
PROCLAMATION - PRESERVATION & ENCOURAGEMENT OF BARBER SHOP QUARTET SINGING IN AMERICA
On motion by Mr. Witt, seconded by Mr. Bewick, Council unanimously approved the following proclamation.
WHEREAS, the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Incorporated is celebrating its 39th Anniversary; and
WHEREAS, the Dover Delaware Charter of the S.P.E.B.S.Q.S.A. has been affiliated with this unique singing Society for one year; and
WHEREAS, the S.P.E.B.S.Q.S.A. has been an organization dedicated to the enjoyment of the people of North America through building and encouraging close harmony groups, and the encouragement of harmony among all people of the world for the past quarter century; and
WHEREAS, the S.P.E.B.S.Q.S.A. is celebrating in many ways during the Month of April, 1977 which has been declared - HARMONY MONTH. The First State Chorus of the Dover Delaware Chapter of S.P.E.B.S.Q.S.A. is celebrating their FIRST BIRTHDAY with an “Auditions for Admissions Night for Getting Acquainted” on Monday, April 25, 7:30 P.M. at the Presbyterian Church of Dover, at State and Reed Streets. All men who love to sing are urged to attend and become more familiar with the Local Chapter while harmonizing Barbershop Style. The program will last about two hours, and there is no admission charge. Wives are cordially invited.
NOW, THEREFORE, I, CHARLES A. LEGATES, JR. MAYOR of the City of Dover, Delaware do hereby proclaim the Month of April 1977 as BARBERSHOP HARMONY MONTH in Dover, Delaware and extend best wishes to the Dover Chapter of the S.P.E.B.S.Q.S.A. for continued success in promoting barbershop quartet singing in the Dover Community.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
A Workshop Session of the Legislative and Finance Committee was held on April 4, 1977 with Chairman Muir presiding.
City Audit
The Committee first discussed the time involved in completing the City Audit and what remedies could be instituted to alleviate this situation.
Mr. James contributed a part of the delay to the method of paying current bills, which is necessary to balance the cash flow of various accounts. He also informed the Committee that he had been contacted by another local auditor who would be interested in bidding on the next audit.
Mr. Carson suggested the possibility of engaging two auditors, each independently preparing the General Fund and Electric Fund accounts.
After a lengthy discussion, it was recommended that the City Manager prepare a series of proposals in terms of timing for presentation of the finished audit. The proposal will include a time limit for closing the City books, said proposals to be submitted to the Legislative and Finance Committee for recommendations to Council.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the recommendation of the Committee.
On motion by Mr. Witt, seconded by Mr. Weyandt, Council unanimously approved the report of the Legislative and Finance Committee.
PARKS, PLAYGROUNDS & TREES COMMITTEE REPORT
A Workshop Session of the Parks, Playgrounds and Trees Committee was held on April 4, 1977 with Chairman Hardcastle presiding.
Dover Little League Proposal
Mr. Tom Mills, President of the Little League, was present to discuss a $22,000 debt owed to the City of Dover, which Mr. Mills stated is becoming an almost unbearable burden to the League.
After a lengthy discussion, it was suggested that Mr. Mills submit the previous year budget and a proposed budget to the City Manager for study and a report to the Committee at a later date.
Firemen’s Convention Request
Mr. Dawson Hollinger, Parade Route Chairman for the Annual State Fireman’s Convention, was also present to seek permission to terminate the parade at a City owned ballpark located at Dover Street. His main concern was permission to have a beer truck on the property within the fenced area.
After discussion, the Committee requested that an established route be approved by the City Police Department for a report at the next meeting.
Mr. Hollinger will contact other agencies and select a site for the parade to terminate.
The Green - Excavation for Eighteenth Century Artifacts
Mr. Lawrence C. Henry, Director of the State Historic Preservation, requested permission to excavate a hole in The Green ten feet square by eighteen inches deep. The purpose of the excavation is to explore the Eighteenth Century layer for artifacts. The project will take place on Old Dover weekend and the site will be restored to it’s original appearance, including sod or seeding.
It was the recommendation of the Committee to accept Mr. Henry’s proposal. Mr. McDonough moved for the recommendation of the Committee, seconded by Mr. Bewick.
Mr. Witt listed the following objections to the proposal:
1. Aesthetic reasons - the hole could be 5' x 5'
2. Possible damage to the root system of the trees
3. Other areas more desirable - the old jail site near the State House
4. The activity should be covered by liability insurance
5. Excavation should be done by hand, in lieu of a backhoe
6. Excavation should be replaced with the same soil and area sodded
7. Negative reaction by residents - nine phone calls, one in favor and eight against
8. Barricaded excavation should have twenty-four hour guard
9. Artifacts found should be property of the City of Dover
Mr. Bewick moved to amend Mr. McDonough’s motion to stipulate that approval will be given for the project with satisfactory resolution of Mr. Witt’s concerns as listed, with the exception of the size of the hole. The motion was seconded by Mr. McDonough.
Mr. Leon DeValinger was present to verify a State law which provides that any artifacts found on State grounds are the property of the State.
It was noted that The Green is City property and artifacts found could be claimed by the City.
Mr. Witt moved to table the approval of the excavation on The Green, seconded by Mr. Carey. The tabling motion failed by a vote of two (2) yes, Mr. Witt and Mr. Carey, and four (4) no, Mr. Carson absent.
A vote on Mr. Bewick’s amendment to the motion was carried by a vote of five (5) yes, one (1) no, Mr. Witt, and Mr. Carson absent.
By a vote of five (5) yes, one (1) no, Mr. Witt, and Mr. Carson absent, the motion to approve the excavation on The Green as recommended by the Committee was carried.
Dover Country Club Golf Course - Proposed Purchase
The City Manager updated the Committee on negotiations to purchase the Dover Country Club Golf Course. He informed the Committee that a deadline of June 1, 1977 for closing the course has been changed to April 1, 1978, due to a lease signed by the General Manager, Mr. McBride. The lease is contingent upon the City of Dover purchasing the property and in such case, the lease would become void.
Mr. Bewick offered the following alternatives in considering the proposed purchase of Dover Country Club.
1. Acquire Dover Country Club, nine hole course with additional land for building additional nine holes.
2. Use the Huebner Farm and construct a new course with 50% federal funding.
3. Consider the possibility of a joint venture with the State and/or Kent County to use either site for a public course.
4. Do not build or buy a public course.
Before a final decision is accomplished, Mr. Bewick suggested the following steps:
1. Complete a capital and operating cost study and financing plan for alternatives 1, 2 and3.
2. The City would need a feasibility or utilization study for all three alternatives
3. If Council is favorable to alternatives 1, 2 or 3, a public referendum should be held.
It was the Committee’s recommendation to adopt Mr. Bewick’s alternatives as presented.
Mr. Weyandt suggested that no action on such a recommendation be taken until the City Manager could present the Committee with a cost figure based on future inquiry by his office.
The City Manager has arranged a meeting with Mr. Alt, designer of the original plan for a golf course on the Huebner Farm, and an updated cost figure will be obtained for that proposal.
Mr. Witt stated that Council should not take any action until all legal problems associated with Dover Country Club are resolved.
Mr. Witt moved to accept the Parks, Playgrounds and Trees Committee Report as submitted, seconded by Mr. McDonough and unanimously carried.
PROJECT #70 - MIFFLIN ROAD AND ROUTE #8 WATER ASSESSMENT
A Public Hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the construction of water mains on Mifflin Road and Route #8, known as Project #70.
Vice-Mayor Muir declared the hearing open. No one was present to speak for or against the proposal and there was no correspondence.
The Utility Committee recommended a front foot charge of $5.99, plus the tapping fee when the property owner taps into the water main. These charges per front foot would be entered into the Municipal Lien Docket. Vice-Mayor Muir declared the hearing closed.
On motion by Mr. Hardcastle, seconded by Mr. Weyandt, Council by a vote of six (6) yes, one (1) absent, Mr. Carson, approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment as outlined in the ordinance adopted by Council on March 14, 1977, which also included the method of payment.
PROJECT #70 - MIFFLIN ROAD AND ROUTE #8 SEWER ASSESSMENT
A Public Hearing was duly advertised for this time and place for the purpose of establishing a rate to be assessed against property owners for the construction of sewer mains on Mifflin Road and Route #8, known as Project #70.
Vice-Mayor Muir declared the hearing open. No one was present to speak for or against the proposal and there was no correspondence.
The recommendation of the Utility Committee was a $13.16 per front foot charge, plus tapping fee when the property owner taps into the sewer main. These charges per front foot would be entered into the Municipal Lien Docket. Vice-Mayor Muir declared the hearing closed.
On motion by Mr. Weyandt, seconded by Mr. Hardcastle, Council by a vote of six (6) yes, one (1) absent, Mr. Carson, approved the recommendation of the Utility Committee in setting the above mentioned front foot charge and assessment and the method of payment as outlined in the ordinance adopted by Council on March 14, 1977.
PUBLIC HEARING - RESTRICTED PARKING ON THE WEST SIDE OF PARK AVENUE - BETWEEN LOTUS STREET AND MORRIS DRIVE
The Public Hearing was duly advertised for this time and place to adopt a proposed ordinance that would restrict parking on the west side of park Avenue, between Lotus Street and Morris Drive. Vice-Mayor Muir declared the hearing open.
There was no one present to speak for or against the proposed ordinance. Vice-Mayor Muir declared the hearing closed.
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by a vote of six (6) yes, one (1) absent, Mr. Carson, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. It shall be illegal to park vehicles at any time on the west side of Park Avenue between Lotus Street and Morris Drive in the City of Dover, Kent County and State of Delaware.
2. This ordinance shall be enforced upon the erection of appropriate signs.
ADOPTED APRIL 11, 1977
PUBLIC HEARING - ORDINANCE TO PROHIBIT PARKING ON ROUTE #13
A Public Hearing was duly advertised for this time and place to adopt a proposed ordinance that would prohibit parking on Route #13 where officially signed.
Vice-Mayor Muir declared the hearing open. There was no one present to speak for or against the proposed ordinance. By motion of Mr. Hardcastle, seconded by Mr. Witt, Council by a vote of six (6) yes, one (1) absent, Mr. Carson, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
It shall be unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device, on or around U.S. Route 13 within the City limits of the City of Dover in any of the following places:
1. On the roadway side of any vehicle stopped or parked at the edge or curb;
2. At any place where official signs prohibit stopping, standing or parking;
3. At any place where such parking, standing or stopping obstructs the free passage of other traffic.
ADOPTED APRIL 11, 1977
PUBLIC HEARING - PROPOSED ABANDONMENT OF ALLEYS IN WOODBROOK I, II AND III
A Public Hearing was duly advertised for this time and place to consider abandoning alleys in Woodbrook I, II and III. Vice-Mayor Muir declared the hearing open. There was no one present to speak for or against the abandonment of the alleys. Vice-Mayor Muir declared the hearing closed.
Mr. Bewick stated that some of the legal issues must be resolved before officially abandoning the alleys. It was his feeling that many of these issues are resolvable.
Mr. Bewick moved to table the proposed abandonment and that Council go on record relative to supporting the concept of abandoning the alleys, converting same to easements, leaving the legal questions for final resolution by the Solicitor with assistance from the City staff. The motion was seconded by Mr. McDonough. By a vote of five (5) yes, one (1) no, Mr. Witt, and Mr. Carson absent, Council tabled the proposed abandonment of alleys in Woodbrook I, II and III.
SAFETY ADVISORY COMMITTEE REPORT
A Council Workshop Session of the Safety Advisory Committee was held on April 4, 1977 with Chairman Hardcastle presiding.
Parking Problem - North Bradford Street
The Committee again discussed the parking problem on North Bradford Street, caused by on-street parking of students from Wesley College.
After considerable discussion, the Committee directed that a letter be sent to President Cook, of Wesley College, organizing a meeting with a representative of the Mayor in attendance.
Go-Kart Race - Capitol Complex
A request to hold a Go-Kart Race on September 5, 1977, utilizing streets around the Capitol Complex was temporarily abandoned for lack of information.
Mr. McDonough moved to accept the Committee report as submitted, seconded by Mr. Witt and unanimously carried.
TAX APPEALS AND COMMITTEE REPORT 1977
A Public Hearing was duly advertised for this time and place to consider the tax appeals for the year 1977. Vice-Mayor Muir declared the hearing open. A report of the Tax Appeal Committee was read into the record. No one was present to speak for or against appeals of the following properties, as recommended by the Committee. There was no correspondence.
By motion of Mr. McDonough, seconded by Mr. Weyandt, Council unanimously approved the tax exempt status of property owned by Persimmon Tree North Limited, located on Persimmon Tree Lane.
By motion of Mr. Bewick, seconded by Mr. Weyandt, Council unanimously approved the recommendation of the Committee to assess residue land located in Woodbrook, owned by Woodbrook Development Company in the amount of $200 assessed value.
Due to lack of sewer and water, The Committee recommended that lands owned by Phyllis E. Miller, located on Bay Road, receive a reduction of assessment from 60% to 40%. By motion of Mr. Witt, seconded by Mr. Hardcastle, Council unanimously approved the recommendation of the Committee.
A second lot owned by Phyllis E. Miller, adjoining the aforementioned lot was awarded a reduction in the assessment from 60% to 40%. By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously approved the reduction of assessment.
A request by Wesley College for tax exemption on the Richardson & Robbins property located on Kings Highway was denied by the Committee on the grounds that the property is not used for educational or religious purposes.
On motion by Mr. Bewick, seconded by Mr. Weyandt, Council unanimously approved the recommendation of the Committee.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously denied an appeal from Marvin Kohn to reduce the assessment on a store located at 28 Loockerman Street.
On motion of Mr. Witt, seconded by Mr. Carey, Council unanimously denied a request by Marvin Kohn to reduce the assessment of a store located at 21-23 Loockerman Street.
On motion by Mr. Witt, seconded by Mr. Bewick, Council unanimous denied a request by Marvin Kohn to reduce the assessment of a store located at 315 Loockerman Street.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously denied a request by Capital Investment Ltd. for a reduction of assessment on a warehouse with 2.404 acres of land located on Pear Street.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council accepted the report of the Tax Appeals Committee as submitted.
TAX RATE - 1977-78
By motion of Mr. Witt, seconded by Mr. Carey, Council set the tax rate for the year 1977-78 at 90¢ per $100 of assessed value, plus 8¢ per $100 of assessed value for the library. The motion was seconded by Mr. Bewick and unanimously carried by a roll call vote, with Mr. Carson absent.
PROPOSED ON THE JOB INJURY - PERSONNEL POLICY
Mr. James stated that an on-the-job injury policy was inadvertently left out of the current Personnel Handbook. He requested approval of the policy so that it may become an official document. By motion of Mr. McDonough, seconded by Mr. Witt, Council adopted the policy unanimously.
CONTRACT AWARD - STREET REPAIRS
The City Manager reported severe damage to the streets of the City due to the severe winter. The damage is beyond the capabilities of the personnel and equipment of the City’s various departments. To facilities these repairs the Director of Public Works was directed to solicit bids. Warren Brothers submitted the low bid at a cost of 530,510. It was Mr. James’ recommendation that Warren Brothers be awarded the bid.
By motion of Mr. Hardcastle, seconded by Mr. Witt, Council approved the recommendation of the City Manager by a unanimous roll call vote, with Mr. Carson absent.
CONTRACT AWARD - NEW WELL - KERBIN STREET
Mr. James submitted the following bids for Council’s consideration to construct a new well located at Kerbin Street. 1. A.C. Shultes & Sons - $23,290 2. Shannahan Artesian Well Co. - $20,775 3. Layne New York Co. - $39,235
It was his recommendation that the contract be awarded to Shannahan Artesian Well Company at a total cost of $20,775. By motion of Mr. Witt, seconded by Mr. Weyandt, Council unanimously approved the recommendation of the City Manager.
REZONING REQUEST - WILLIAM H. AND MABEL DAVIDSON - WHITEOAK ROAD
A request was received to rezone land located at RD #4 Box 429A (Whiteoak Road), owned by William H. and Mabel Davidson. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Carey, Council unanimously adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER, AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at RD #4 Box 429A (Whiteoak Road) are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of 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 held in City Hall on May 9, 1977 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-3 that property located at RD #4 Box 429A (Whiteoak Road), owned by William H. & Mabel Davidson.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 11, 1977
Mr. Hardcastle requested the exact location of the property to be rezoned. In responding that the property is adjacent to the Garrison Farm on the Whiteoak Road, Mr. Roe reminded Council that the same property was denied rezoning approximately six months ago. Mr. Bewick asked why the former application for rezoning was rejected.
Mr. Roe stated that it was the recommendation of the Planning Commission and because of service commercial strip zoning on Leipsic Road, which the Land Use Map prohibits.
He suggested a recommendation to the Planning Commission for a zoning ordinance addition, that would require a six month or one year waiting period before re-applying for rezoning.
Mr. Bewick moved to amend Mr. Witt’s motion for referral to the Planning Commission, to add all future re-applications for rezoning cannot be considered for a one year period. The motion was seconded by Mr. Witt and unanimously carried.
25 MPH SPEED LIMIT - NORTH GOVERNORS AVENUE
A letter to Chief Spence from Raymond Pusey, Chief of the Bureau of Traffic of the State Highway Department, took exception to the recent ordinance passed by Council setting the speed limit on North Governors Avenue between William Street and Walker Road at 25 MPH.
In his letter, Mr. Pusey stated that Governors Avenue is a State maintained street, which takes joint departmental approval of any change to its traffic control. Specifically, the department has agreed to change the speed limit on Governors Avenue between William Street and Ross Street from 35 MPH to 25 MPH, but takes exception to the speed limit of 25 MPH from Ross Street to Walker Road. The Department recommends that a speed limit of 35 MPH be retained between Ross Street and Walker Road.
Further, adherence to the uniform and accepted manner of determining a proper speed limit posting is essential. Otherwise, a driver can certainly question the manner in which a speed limit is established, in a Court of law.
Mr. Hardcastle moved to rescind the Ordinance recently adopted, relative to the speed limit on North Governors Avenue, seconded by Mr. Weyandt and unanimously carried. Mr. Bewick not voting.
Mr. Hardcastle moved to adopt the recommendation as submitted by Mr. Pusey of the State Highway Department, seconded by Mr. Carey. Also, that an ordinance be prepared that would post the speed limit on North Governors Avenue from William Street to Ross Street at 25 MPH and from Ross Street to Walker Road at 35 MPH. The motion was unanimously carried with Mr. Carson absent and Mr. Bewick not voting.
APPOINTMENT - PLANNING COMMISSION MEMBER - COURTNEY P. HOUSTON
Mr. McDonough moved to remove from the table the appointment of Courtney P. Houston to the Planning Commission. The motion was seconded by Mr. Witt and unanimously carried.
Mr. McDonough moved to re-appoint Mr. Courtney P. Houston as a member of the Planning Commission to serve a term ending February 1980. The motion was seconded by Mr. Hardcastle.
Mr. McDonough reported a conversation with Mr. Houston, in which he stated that he has resigned from several other organizations allowing him more time to attend Planning Commission meetings. It was the feeling of a majority of the Planning Commission that Mr. Houston is a very qualified and capable member of the Commission.
By a unanimous voice call vote, Mr. Houston was re-appointed as a member of the Planning Commission.
WATER STREET - PRISON FACILITY
Mr. Witt reported many calls concerning legislative action on the Water Street prison facility. House Bill #120, sponsored by Representative Bennett, has passed the House. The Bill transfers the facility to the Kent County Levy Court for the sum of $1.00 with the understanding that the property will not be used for any commercial or private residential consideration. Mr. Witt received several calls from the elderly, who are concerned that the facility may be utilized for adult prisoners.
House Bill #120 has been forwarded to the Senate and is now in the hands of a Committee headed by Senator Tom Sharp. Mr. Witt contacted Senator Sharp who indicated that he would not release the Bill, but conversely would rather spend a sum of money to renovate the facility to house 40 or 50 inmates. Mr. Witt indicated his displeasure on the above plan and offered a resolution for Council consideration.
Mr. McDonough state that this matter is a State problem and if he were sitting as a State Senator he did not know how he would feel if the City Council offered advice, not having full knowledge of the problem. He advised that two things have changed since Council’s original resolution; one being the Federal Court order to cut the inmate population in Smyrna and the cost involved to purchase land and construct additional facilities. Not knowing all of the facts, and as a State taxpayer, Mr. McDonough was not sure he could support such a resolution.
Mr. Bewick felt that the problem at hand is that Council disagrees with a prison facility at that location in the City.
Mr. Witt reported a tour of the facility by State officials who were of the opinion that the Water Street facility is uninhabitable and that money would be more wisely spent on a new facility.
Mr. Witt moved for the adoption of the resolution, seconded by Mr. Bewick. By a roll call vote of four (4) yes, one (1) no, Mr. McDonough, one (1) not voting, Mr. Hardcastle, and one (1) absent, Mr. Carson, the motion failed for lack of a majority.
Meeting Adjourned at 8:55 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of April 11, 1977, are hereby approved.
JAMES P. MUIR
VICE-MAYOR
April 18, 1977
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