REGULAR MEETING
April 22, 1974
The Regular Meeting of City Council was held on Monday, April 22, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Cullen, Hardcastle, Holpp, Legates, Muir and Walls.
The invocation was said by the Reverend J. H. Williams, Council Chaplain.
MINUTES
On motion of Mr. Biggs, seconded by Mr. Walls, Council approved the correction to the minutes of April 8, 1974, on page 9, section 9, paragraph C Delinquent Bills, to read as follows: “If a bill remains unpaid for a period of 75 days from the date rendered,...”. On motion of Mr. Muir, seconded by Mr. Biggs, Council accepted the minutes of the regular meeting of City Council held on April 8, 1974, as amended and bore the written approval of Mayor Carroll.
RECYCLABLE MATERIALS - TEST PROGRAM
It is the recommendation of the Utility Committee that a test program be set up within a specified area of the City to determine if the residents of that area would participate in the separation of recyclables from non-recyclables on a strictly voluntary basis. Then after the results are compiled for the test area that the Utility Committee again reconsider whether or not to institute this program for the entire City. The specified area for the test program is Crossgates and Mayfair with the program to start on June 1, 1974 and run for thirty (30) days. Progress reports will be given to the Council at their meetings in June. On motion of Mr. Walls, seconded by Mr. Hardcastle, Council accepted the recommendation of the Utility Committee.
UTILITY COMMITTEE REPORT
A written report of the Utility Committee meeting held on April 9, 1974, was presented by Chairman Holpp. On motion of Mr. Walls, seconded by Mr. Legates, Council accepted the report as presented.
CHES-DEL ANNEXATION RESULTS
The Election Officials of the Kent County certified to Council the results of the referendum held on Wednesday, April 17, 1974, in the area of the Allen Farm as follows:
ASSESSED VALUE ONE MAN, ONE VOTE
Ches-Del Corporation
FOR ANNEXATION 99 1
AGAINST ANNEXATION 0 0
On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, accepted the results of the referendum as certified above.
CHES-DEL ANNEXATION
On motion of Mr. Walls, seconded by Mr. Holpp, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE WEST WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, a recent amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include an area adjacent to the City limits and being located in the west of the City of Dover more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 17th day of April 1974 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits 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 the following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded herein shall be annexed to and included within the limits of the City of Dover:
ALL that certain tract, piece or parcel of land lying and being contiguous to the City of Dover, East Dover Hundred, Kent County and State of Delaware and now or formerly known as the Walter P. Allen Farm and being more particularly described as follows, to wit:
Bounded on the west by the easterly right-of-way line of the Dover-Cheswold Road, known as McKee Road, and bounded on the north and east by Mud Stone Branch and lands of Covington and others and bounded on the south by the Ford lands and containing on the west side of the Penn Central Railroad 75.5 acres be the same more or less and on the west side of the Penn Central Railroad 6.7 acres be the same more or less, together with all of the right-of-way of McKee Road from the northerly right-of-way line of College Road in a northerly direction to the southerly right-of-way line of Route 100.
2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for recording with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 23rd day of April 1974 at 12:01 A.M.
ADOPTED APRIL 22, 1974
SENIOR CITIZEN PROCLAMATION
A proclamation by Mayor Carroll designating the month of May as Senior Citizen Month was presented to Council at this time to become a permanent part of the record.
For a number of years the President of the United States has proclaimed the month of May as Senior Citizens Month as a time when recognition should be given to the older members of our population. During this month, the older members of our community are asked to speak out to our elected representatives concerning their needs and how they believe we can contribute to their needs and what they can contribute to our society. It is also a time when we should ask the older members of our society to give us the benefit of their years of invaluable experience and to tell us how they think out present way of life can be improved. Each year President Richard Nixon has asked the Governors of all States and the leaders of local governments to give recognition to the month of May as being Senior Citizen Month in recognition of out gratitude to the older members of our community.
NOW, THEREFORE, I, Crawford J. Carroll, Mayor of the City of Dover, hereby designate the month of May, 1974, as Senior Citizens Month in recognition of the contribution made to our City by the older residents of the City of Dover, and I ask that the senior citizens of our City come forward and express their views to me as Mayor of the City of Dover and to the members of Council of the City of Dover concerning their needs and how we may make a better life for them, and also to give us the benefit of their knowledge and experience. I also call upon every citizen of the City of Dover of all ages to take full advantage of this opportunity to share in designing a better future for those who are now numbered among our older citizens and for all who will be among that number some day.
CRAWFORD J. CARROLL, MAYOR
DEPARTMENT OF PUBLIC WORKS RESOLUTION
On motion of Mr. Biggs, seconded by Mr. Walls, Council adopted the following resolution commending the Public Works Department. The resolution is to be presented formally during the Old Dover Days Celebration on May 4, 1974.
WHEREAS, the Mayor and Council of the City of Dover are very proud of the new City Hall which has recently been completed and is now being occupied; and
WHEREAS, the Department of Public Works of the City of Dover has played a large role in alteration and beautification of the building and the grounds; and
WHEREAS, the Mayor and Council want to express their appreciation for the fine work done by the Department of Public Works of the City of Dover and its Superintendent, Jack R. Woods, and the Foreman of Buildings and Grounds, Eugene D. Reed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover hereby express their extreme appreciation for the fine work done by the Department of Public Works of the City of Dover in the alteration and beautification of the New City Hall.
2. The Mayor and Council of the City of Dover especially wish to thank Jack R. Woods, Superintendent, of the Department of Public Works of the City of Dover, and Eugene D. Reed, Foreman of Buildings and Grounds, for their devoted efforts in planning and accomplishing the landscaping of the building and the alterations made in the offices on the second floor of City Hall.
3. The City Clerk of the City of Dover is hereby directed to make this resolution a permanent record of the records of the City of Dover in appreciation to Jack R. Woods, Eugene D. Reed and the other members of the Department of Public Works of the City of Dover.
ADOPTED APRIL 22, 1974
FRANKLIN W. KINNAMON RESOLUTION
On motion of Mr. Hardcastle, seconded by Mr. Legates, Council adopted the following resolution commending Mr. Franklin W. Kinnamon for his excellent work in carving the wooden seal of the City of Dover hanging in the new City Hall. The resolution is to be presented formally during the Old Dover Days celebration on May 4, 1974.
WHEREAS, the beautiful hand-carved wooden seal of the City of Dover hanging over the Chair of Mayor Crawford J. Carroll in the new City Hall has been done by Franklin W. Kinnamon; and
WHEREAS, the Mayor and Council of the City of Dover wish to express their appreciation for he beautiful work done on the seal by the said Franklin W. Kinnamon.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover wish to express their extreme appreciation to Franklin W. Kinnamon for his excellent work in carving the wooden seal of the City of Dover hanging in the new City Hall.
2. The City Clerk is directed to make this resolution a part of the permanent record of the City of Dover.
ADOPTED APRIL 22, 1974
LORE-ELLIS REZONING REQUEST
A request was received from Lore and Ellis Associates to rezone their property located on the northwest corner of RT 13 and Garden Lane. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Biggs, 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 property located on the northwest corner of US Route 13 and Garden Lane is presently zoned for C-1A 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 DOVE, IN COUNCIL MET:
1. That a public hearing be held in City Hall on May 27, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from C-1A to C-2A that property located on the northwest corner of US Route 13 and Garden Lane, owned by Lore-Ellis Associates, equitable owner being Hickman and Company.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 22, 1974
DOVER RING ROAD CONCEPT
A letter was received from R. D. Bewick, Jr., Assistant Chief Engineer of the Division of Highways, requesting officials action on the proposed ring road by both the Planning Commission and City Council. Mr. Roe, Acting Planner, stated that Kling Planning should have their recommendation on this concept by the next Council meeting. Council acknowledged receipt of the letter.
O.I.C. GOVERNMENT RELATIONS SERVICE
A letter was received from Rev. Leon H. Sullivan, Chairman of the Board of OICs of America, explaining the services that OIC offers. On motion of Mr. Hardcastle, seconded by Mr. Legates, Council acknowledged receipt of the letter and directed that it be turned over to the City Manager so that he may avail himself of any services that are available thru OIC.
FAMILY SERVICE REQUEST
A request was received from Family Service of Northern Delaware that they might be considered for an allocation of the Revenue Sharing monies to be spent in establishing a Family service facility in Dover. On motion of Mr. Holpp, seconded by Mr. Walls, Council acknowledged receipt of the letter and referred the matter to the Committee of Committees.
AMERICAN CANCER SOCIETY
A letter was received from Peter K. Schaeffer, Kent County Crusade Chairman of the American Cancer Society, stating that Governor Sherman W. Tribbitt has designated April as Cancer Control Month. On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council acknowledged receipt of the letter.
AMERICAN RIFLES ASSOCIATION
A letter was received from the American Rifles Association offering their services on the Bicentennial. On motion of Mr. Legates, seconded by Mr. Walls, Council acknowledged receipt and directed that a copy of the letter be sent to the Friends of Old Dover for their use as the Bicentennial Committee.
COUNTY FACILITY
An outline of the meeting between Mayor Carroll, James B. McIlvaine, Commissioner of the Levy Court, and Robert O’Brien, Planner of Kent County, was read to Council at this time. It was mentioned and carried that Council acknowledge receipt of the minutes.
KENT COUNTY OFFICE ON AGING
An announcement was received from Thomas E. Weyant, Director of the Kent County Office on Aging, stating that they were establishing a transportation system for the elderly citizens, age 60 years and over.
WOODCREST REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land located on Walker Road and Buttner Place, owned by Woodcrest Development Company, equitable owner being William F. Moffett and Craig A. Stonesifer. Mayor Carroll declared the hearing open. Mr. Morris Hartnett, representing residents from Woodcrest, requested that the rezoning request be tabled until a later date so that the Zoning Ordinance might be amended. Ann Henseler, Nancy Kamaradas, Davis Pruett, David Purman, Betty Brown, Elwood Everett, Roger Maury and Terry Sparks addressed Council separately requesting that the rezoning request be denied. Planning Commission recommended that the action be tabled for the reason that they were recommending an amendment be made to the zoning ordinance. Mayor Carroll declared the hearing closed. On motion of Mr. Cullen, seconded by Mr. Legates, Council by a roll call vote of six (6) yes, one (1) no, Mr. Walls, and one (1) absent, Mr. Harris, denied the rezoning request of Woodcrest Development Company to rezone that property located on Walker Road and Buttner Place from C-1A to C-3.
LEAGUE OF WOMEN VOTER
Mrs. Cynthia Witt, League of Women Voters, addressed Council with the results of the study made by the Dover Chapter of the City Charter. They had several recommendations covering dual registration, registration hours, electing councilmen at-large, special election for unexpired terms of councilmen, charter updated, charter review commission and open meeting ordinance for all elected officials, board, commission, etc. On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council referred the study to the Legislative and Finance Committee for their study and action. It was noted by Mr. Legates that item #4 of the study (unexpired terms of councilmen) is being taken care of by the Committee at the present date. Mr. Rodriguez has the appropriate papers drawn up for the charter changes to be presented to Legislation.
COUNTY TRANSPORTATION SYSTEM
On motion of Mr. Holpp, seconded by Mr. Muir, it was set up at the request of Levy Court that Council have a joint meeting at the Council meeting of May 27, 1974, to discuss the Council Transportation System.
PLANNING COMMISSION RECOMMENDATION
It was the recommendation of the Planning Commission that veterinary hospital be taken out of C-3 and made a conditional use. On motion of Mr. Walls, seconded by Mr. Muir, Council directed, by a roll call vote of six (6) yes, one (1) no, Mr. Legates, and one (1) absent, Mr. Harris, that the City Solicitor prepare an amendment to the zoning ordinance to be presented at the next Council meeting.
COUNCIL ADJOURNED AT 8:40 PM
WILLIAM H. WILLIS, CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of April 22, 1974 are hereby approved.
CRAWFORD J. CARROLL, MAYOR
April 24, 1974