REGULAR MEETING
November 8, 1976
The Regular Meeting of Council was held on November 8, 1976, at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Witt and Bewick. Messrs. Hardcastle, Perman and Harris were absent.
Mayor Legates, in behalf of Council, congratulated the Reverend J.H. Williams in recognition of his 40th anniversary as a member of the pastoral ministry.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
By motion of Mr. Bewick, seconded by Mr. Muir, Council accepted the Council Minutes of October 25, 1976.
Mr. James requested an Executive Session immediately following the Regular Meeting to discuss certain litigation.
FOXHALL - SECTION II - STREETS - CURBS - SEWER AND WATER ACCEPTANCE
The City Manager informed Council that he now has the deed and indemnity bonds for the following streets in Fox Hall Section II.
1. Northerly portion of Carnoustie Road (approximately 400 feet)
2. All of Prestwick Court
3. All of Blackheath Court
4. All of Sandwich Court
5. All of Troon Road
He respectfully requested that Council accept the above streets. By motion of Mr. McDonough, seconded by Mr. Bewick, Council accepted the aforementioned streets.
WATER EMERGENCY CONNECTION - TOWN OF CAMDEN
A letter, hand delivered to Mr. James from the Town of Camden, requested a connection with the City of Dover water system at Charles Polk Road. The connection would include a valve which would remain closed except under emergency conditions. The Town of Camden is applying for funds under the Local Public Works Capitol Investment Development Plan. To enable the town to include this proposal in their application, they requested an answer within one week.
Mr. James discussed this matter with the City Solicitor to insure that there would be no ramifications with the Pubic Service Commission. He was informed that this would be taken care of in the necessary agreement, since the connection would only be for emergency purposes and not necessarily set up a new district for water.
Mr. Muir moved that a letter of intent be sent to the Town of Camden, approving their request, seconded by Mr. McDonough. It was stipulated that a letter of intent would facilitate a retraction, if in the City’s investigation the connection was found to be not feasible. The motion was carried.
ATTORNEY GENERAL WIER - POLICE INVESTIGATION
Mayor Legates presented a letter from Attorney General Wier’s office as a result of his investigation into alleged corruption in the City of Dover Police Department. The letter was circulated to those Councilmen present. Copies were available for the news media at the close of the meeting.
APPOINTMENT - ROBBINS HOSE COMPANY - ELECTION JUDGES
Mayor Legates submitted names to act as judges for the Robbins Hose Company Election to be held November 15, 1976. Mr. Witt asked to be excused due to a previous commitment. Therefore, the following will act as judges. 1. Councilman Joseph McDonough 2. Councilman R.D. Bewick 3. City Clerk William Willis
On motion by Mr. Muir, seconded by Mr. Weyandt, Council approved the appointments.
PROCLAMATION - NATIONAL REACT MONTH
The City Clerk read into the records of the Official Minutes, the following Proclamation.
WHEREAS, through REACT (Radio Emergency Associated Citizens Teams), over 10,000 Americans participate as volunteers to provide highway safety and emergency communications using their own CB radios in their local communities; and
WHEREAS, their cumulative effort, totaling over 20-million volunteer man-hours this year, result in the saving of many American lives annually, through the greater speed with which medical aid is reached to an accident scene, and better communications provided in time of natural disaster;
NOW, THEREFORE, I CHARLES A. LEGATES, JR., MAYOR of the City of Dover, do hereby designate the month of November, 1976, as NATIONAL REACT MONTH in Dover, during which all citizens shall take notice and be aware of the significant contribution every local REACT team makes to the welfare of their local community, and the nation as a whole. National REACT Month shall be dedicated as time to honor and recognize these local citizens groups and their individual members.
PROCLAMATION - BIBLE WEEK
The City Clerk read into the records of the Official Minutes the following Proclamation.
WHEREAS, the truths of the Bible are eternal and their application to the complexities of modern society a continuing challenge; and
WHEREAS, the recovery of the moral and spiritual principles of the Bible remains a high priority goal as we move into America’s third century; and
WHEREAS, all the major religious groups and hundreds of clubs and organizations are untied behind the Laymen’s National Bible Committee’s program to motivate Bible reading and study;
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., Mayor of the City of Dover, Delaware, in recognition of the importance of the Bible and its teachings, do hereby proclaim the week of November 21 - 28, 1976 as BIBLE WEEK in the City of Dover and commend this observance to citizens of all faiths.
PROCLAMATION - FAMILY WEEK
The City Clerk read into the records of the Official Minutes the following Proclamation.
WHEREAS, the family is the basic and indispensable institution of our society; and
WHEREAS, we are observing in our nation a breaking up of family life at a rate unprecedented in history with serious effects and repercussions in many segments of our society, particularly the welfare of children and the weakening of the single greatest strength of America; and
WHEREAS, there is increasing concern among all thinking Americans over the dissolution of Family Life and the effects such destruction portends for our Nation; and
WHEREAS, public officials through out the United States are gravely concerned about the erosion of the family unit and its effect upon society as a whole; and
WHEREAS, prominent religious leaders have said: “No other success can compensate for failure in the Home” and “The most important work you will ever do is within the four walls of your own home”, and
WHEREAS, good family relationships constitutes the primary source of strength in our community.
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR of the City of Dover, do hereby proclaim the week beginning Sunday, November 21, 1976 as Family Week and call upon all serious minded residents of the City of Dover to reflect upon the meaning of Family Life to themselves, to their children, and to their children’s children and to our great nation, state and city.”
REZONING REQUEST - ROUTE 113A - RUDNICK TRACT
A request was received to rezone property on Alternate Rt. 113, known as the Rudnick Tract, consisting two acres, owned by Rudnick Estates, Inc. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Bewick, seconded by Mr. Muir, Council 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 on Alternate Rt. 113, known as the Rudnick Tract, consisting of two acres, are presently zoned for R20 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 December 27, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to RG-0 that property located on Alternate Rt. 113, known as the Rudnick Tract, consisting of two acres, owned by Rudnick Estates, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 8, 1976
REZONING REQUEST - 102 WATER STREET
A request was received to rezone property located at 102 Water Street, owned by Helen Owens, equitable owner H & H Builders. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion by Mr. Weyandt, seconded by Mr. McDonough, Council 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 102 Water Street are presently zoned for RG-1 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 December 27, 1976 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 102 Water Street, owned by Helen Owens.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 8, 1976
CROSSWALKS - DR. O.J. POLLAK
A letter from Dr. O.J. Pollak of 9 Kings Highway, thanked the Office of the City Clerk, Mayor and Council and Chief Spence for consideration given to his request to move the pedestrian crosswalk, on Division Street, closer to the intersection of Kings Highway. Dr. Pollak also suggested zebra marked crosswalks.
Mr. Witt moved to acknowledge receipt of the letter and extend appreciation for his kind remarks. The motion was seconded by Mr. Weyandt and carried.
Chief Spence reported that reflective arrows have been installed at the intersection of N. Governors Avenue and Governors Boulevard. Further markings on the street and the crosswalk at Kings Highway and Division Street, will be painted as soon as weather permits.
POLICE DEPARTMENT INVESTIGATION - MR. WITT
Mr. Witt commented on the recent close coverage by the news media relative to speculated problems in the City of Dover Police Department.
Referring to the report conducted by Attorney General Wier, in which it was stated that “no basis could be found to institute criminal charges against anyone”, Mr. Witt hoped that Council would go on record, recognizing the job the department has been doing during this period. He commended Chief Spence and members of the Police Department for the many hours contributed to their work, indicating that Council supports their efforts and cited their past outstanding record.
ANNEXATION REQUEST - P. EDWARD VOSHELL
A letter from P. Edward Voshell, owning property on the southwest side of the Dover-Kenton Road, requested annexation into the City of Dover. Mr. Voshell pointed out a water problem which would cost approximately $4,000 to alleviate.
Mr. Witt moved for referral to the Utility Committee, seconded by Mr. Weyandt and carried.
COUNCILMAN McDONOUGH - PAYNE REPORT COMMENTS
Mr. McDonough referred to the recent investigation by Attorney General Wier, which resulted in former Mayor Carroll relinquishing the original copy.
Hearing no public comment since distribution of the report, Mr. McDonough wished to go on record as stating that he felt Mayor Carroll purposely misled Council and the public. It was his opinion that Mayor Carroll knew the intent when asked for a copy of the report, at which time he stated that his copy was destroyed. Mr. McDonough accepted his word. He believed that Mayor Carroll was cognizant of all aspects of the requests for the report and expressed disappointment in the former Mayor.
Meeting Adjourned at 7:50 P.M.
An Executive Session followed, adjourning at 8:15 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of November 8, 1976, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
November 15, 1976
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