REGULAR MEETING
September 22, 1975
The Regular Meeting of City Council was held on September 22, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Perman, Witt and McDonough.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
MINUTES - August 25, 1975
The City Clerk advised Council that the motion to accept the minutes of August 25, 1975 Regular Meeting was omitted in error and presented the following as an addition to the September 8, 1975 minutes.
“On motion by Mr. Wit, seconded by Mr. Muir, Council accepted the minutes of August 25, 1975 Regular Council Meeting as submitted.”
MINUTES - September 8, 1975
On motion of Mr. Muir, seconded by Mr. Witt, Council accepted the minutes of the Regular Council Meeting of September 8, 1975, with the addition as submitted.
MRS. MARGARET M. O’NEILL RESOLUTION
Learning of the sudden death of Mrs. Margaret M. O’Neill, Mayor Carroll caused a resolution to be prepared and presented to Council.
On motion of Mr. Legates, seconded by Mr. Cullen, Council adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have learned of the untimely death of Mrs. Margaret M. O’Neill of Smyrna, Delaware, and
WHEREAS, Mrs. O’Neill has been for many years active in civic affairs not only in and around Smyrna, but also throughout the State of Delaware, having served as President of the Delaware School Board Association, Smyrna High School, and
WHEREAS, Mrs. O’Neill was named Delaware’s Mother of the Year in 1964 and
WHEREAS, Mrs. O’Neill is the mother of the City of Dover City Engineer, Mr. Francis J. O’Neill, Jr.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Mayor and Council express their sincere regrets to the family of Mrs. Margaret M. O’Neill upon her untimely death.
2. That a copy of this Resolution be presented tot he family of Mrs. Margaret M. O’Neill upon its adoption by the Mayor and Council of the City of Dover.
ADOPTED SEPTEMBER 22, 1975
PRESENTATION OF THE COMPREHENSIVE PLAN - MR. GILBERT SHANK
Mr. Gilbert Shank presented to the Mayor and each Councilman a copy of the Comprehensive Plan as prepared by Kling Associates. Mr. Shank pointed out the step by step procedure in the plan to aid new developers and realtors.
Mayor Carroll, in behalf of Council, extended his thanks to the Planning Commission for the hard work put into the plan though the past two years and noted that it will be a guide for good planning in future years.
REPORTS
Chief of Police Report for the month of August was accepted.
Building Inspector and Fire Marshal’s Report for the month of August was accepted.
City Alderman’s Report for the month of August was accepted with fines remitted in the amount of $742.00.
Cash Receipts, General Fund, for the month of August was accepted.
Budget Report, General Fund, for the month of July was accepted.
Cash Receipts, Electric Fund, for the month of August was accepted.
Budget Report, Electric Revenue Fund, for the month of July was accepted.
Cash Receipts, Electric Improvement Fund, for the month of August was accepted.
City Manager’s Report for the month of August was accepted.
CITY MANAGER’S WRITTEN REPORT
Mr. James reported that on August 29, 1975 at 12:01 A.M. Unit #3 at McKee Run was declared to be in commercial operation and at 12:00 midnight on September 1, 1975 was placed into the PJM power pool. During the month of August the demand of 74,000 NKW was exceeded seven times. The FD fans are being tested for a solution to decrease the noise level.
A deed conveying property from the Richardson Estate has been received and the State has commenced work on the drainage ditch which is expected to be complete in the early spring of 1976.
A four year lease was received from the Capitol School District giving the City the right to operate the Dover Library for a four year period. The Library will be conveyed to the City of Dover by deed at the termination of the lease. The Carriage House property to the rear of the library has been deeded back to the City.
On motion of Mr. Muir, seconded by Mr. Legates the City Manager’s written report was accepted as presented.
J. P. COURT #7 REPORT - AUGUST 1975
The monthly report of J. P. Court #7 for August 1975 was presented to Council with receipt if a check in the amount of $6,749.72. Deferred payments due the City of Dover at the end of August amounted to $35,164.35.
Mr. Witt inquired about his request for a more detailed breakdown of the J. P. Court #7 report. Mr. Willis reported a check with personnel in the court revealed that records beyond three years are stored in the Archives Department. To break down the deferred payments of each case would necessitate a research of the records back to the inception of the deferred pay plan by case number. The records are available if the City furnished personnel to conduct the research.
On motion by Mr. Witt, seconded by Mr. Muir, Council accepted the report as submitted.
EXECUTIVE SESSION REQUEST
At this time the City Manager requested an executive session with Council and the City Solicitor to discuss litigation pertinent to court cases involving the City of Dover. There was no objections.
REZONING REQUEST - WILLIAM L. SPENCE JR. 896 SOUTH STATE STREET
A request was received from William L. Spence, Jr. and Betty Ann Spence to rezone land located at 896 South State Street. Prior to amending the zoning ordinance and zoning map of the City of Dover a public hearing is required.
On motion by Mr. Legates, seconded by Mr. Witt, Council adopted the following resolution and referred the rezoning 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 896 South State 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 October 27, 1975, at 8:00 A.M. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 896 South State Street, owned by William L. Spence, Jr. and Betty Ann Spence.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED SEPTEMBER 22, 1975
OPERATION PUSH
A letter received from Marian Penn informed Council that a PUSH (People United to Save Humanity) Mass Meeting was held on September 18, 1975 at the corner of Queen and Fulton Streets. A satellite of the organization is to be established in this area.
On motion of Mr. Legates, seconded by Mr. Muir, Council acknowledged receipt of the letter.
REQUEST FOR ORDINANCE - PLASTIC DISPOSAL BAGS FOR DOGS
Mrs. Jane Wright, in a letter to Councilman Witt, requested that an ordinance be adopted that would require owners of dogs to carry plastic disposal bags. Mrs. Wright complained of other dogs in her neighborhood that eliminate on her property while being walked by the owners.
On motion of Mr. Witt, seconded by Mr. Cullen, Council by a show of hand vote acknowledged receipt of the request and referred same to the Legislative and Finance Committee.
CAPITOL GREEN DAY CARE CENTER
Mary C. Baker, President of the Board of Directors of the Capitol Green Day Care Center expressed her thanks to the City of Dover, in behalf of the Board, for the monetary contribution made possible by Council.
On motion of Mr. Muir, seconded by Mr. Witt, Council acknowledged receipt of the letter.
UNITED STATES CONFERENCE OF MAYORS
A letter to the Vice Chairman of the United States Conference of Mayors from the Honorable Moon Landrieu, Chairman, informed the Bicentennial Cities of a variety of MCB (Mayor’s Committee on the Bicentennial) sponsored programs. Among these communications from other Bicentennial Cities was an invitation from Mayor Rizzo of Philadelphia to fly the City of Dover Flag on one of their major avenues throughout the year if Council so desired.
Mr. McDonough moved that the City of Dover Flag be sent to represent out City during the Bicentennial year. The motion was seconded by Mr. Witt and carried.
Mr. Perman commended the City Manager and employees of the City for the arrangements made for the Bicentennial Kickoff on September 20, 1975, and commented on the neatness of the City and the orderly manner in which the various employees carried out their duties.
PUBLIC HEARING - WARREN BROTHERS - HORSEPOND ROAD
A public hearing was duly advertised for this time and place to rezone land located on Horsepond Road owned by Warren Brothers Incorporated. Mayor Carroll declared the hearing open.
Mr. Nathan Cohen was present to speak for the rezoning and commented on the recommendation for approval by the Planning Commission.
Mr. Robert Wilcutts of Horsepond Road was present to speak against the rezoning as an adjacent land owner and citing the close proximity of private residences.
Mr. Cohen explained that the land to be rezoned will not be utilized by Warren Brothers but traded for land adjacent to their present location. In answer to a question by Mr. McDonough, Mr. Cullen stated that the Planning Commission’s recommendation for approval was based on the designation of the Comprehensive Plan which is light manufacturing, citing the area as a noise zone because of the flight path of the Dover Air Force Base.
There was no correspondence and the Planning Commission recommended approval.
Mayor Carroll declared the hearing closed.
On motion by Mr. Muir, seconded by Mr. Witt, Council by a roll call vote of six (6) yes and two (2) absent, Mr. Hardcastle and Mr. Harris, approved the rezoning and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED ON HORSEPOND ROAD FROM R-20 TO M.
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 the zoning and planning to change the permitted use of the property described below from R-20 to M.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to M on that property located on Horsepond Road, owned by Warren Brothers Inc.
ADOPTED SEPTEMBER 22, 1975
MONUMENT - E.A. HELMS
Mr. McDonough inquired about the request of Mr. E.A. Helms to move the stone monument from the Post Office back to its original location on The Green. Mayor Carroll stated that the Bicentennial Committee is investigating this possibility and will have a report for Council at a later date.
COUNCIL ADJOURNED AT 8:12 P.M.
An Executive Session was held in the Caucus Room after Council Adjournment.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of September 22, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
September 26, 1975