REGULAR MEETING

November 12, 1973

The regular meeting of City Council was held on Monday, November 12, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.

The invocation was said by the Rev. J. H. Williams, Council Chaplain.

MINUTES

The minutes of the Council meeting of October 22, 1973 were accepted and bore the written approval of Mayor Carroll.

REPORTS

Chief of Police report for the month of October was accepted.

Building Inspector & Fire Marshal report for month of October was accepted.

City Planner report for month of October was accepted.

Alderman report for October was accepted, fines in amount of $1,122 were remitted.

Cash receipts, General Fund, for month of October were accepted.

Cash Receipts, Electric Revenue Fund, for month of October were accepted.

Cash Receipts, Electric Improvement Fund, for month of October were accepted.

City Manager report for month of October were accepted.

CORNERSTONE LAYING

The City Manager, William T. James, announced at this time that the cornerstone laying for the new City Hall will be held on Saturday December 29, 1973.

WEST BY-PASS

The City Manager announced the public hearing on the proposed North-South Toll Road on November 29, 1973. Council at this time wished to reaffirm the resolution passed on November 12, 1973 favoring a ring road around the City limits of the City of Dover and the West Dover ByPass to bypass traffic from Route 113 and 13, and to voice their disapproval of a toll road. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous roll call vote approved the motion.

KLING PLANNING

A recommendation from the Committee of Committees to accept the proposal of the Kling Planning was tabled at the last meeting of Council for further study. On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous roll call vote approved the recommendation of the Committee of Committees and awarded the contract of Kling Planning for a study of the various codes, maps and plans of the Planning Office.

EAST-WEST CONNECTOR

A request has been made by the Department of Highways and Transportation for the Council of the City of Dover to select their preference as to which road should be the East-West Connector. Council at this time decided against South Street and gave Webbs Lane as the alternate route. On motion of Mr. Hayes, seconded by Mr. Muir, a roll call vote of six (6) yes and two (2) no, Messrs. Biggs and Holpp, Council approved the Webbs Lane alternate for the East-West Connector.

SAFETY ADVISORY COMMITTEE

A written report of the Safety Advisory Committee meeting held on November 5, 1973, was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the report as presented.

CHARTER REVISION REQUEST

The Legislative & Finance has recommended that a consideration of a Charter provision requiring persons of 18 years of age or older to hold elective office in the City of Dover remain as it presently is stated in the Charter, that being that a person have reached the age of 21 years before being eligible to hold elective office in the City of Dover. On motion of Mr. Muir, seconded by Holpp, Council approved the recommendation of the Committee, thereby being no change recommended at this time.

CITY CLERK-TREASURER APPOINTMENT

On motion of Mr. Holmes, seconded by Mr. Walls, Council by unanimous roll call vote appointed Mr. William H. Willis to fill the expired term of Mr. Jay R. Dougherty as City Clerk and City Treasurer, this appointment to become effective November 15, 1973.

CITY ALDERMAN

On motion of Mr. Hayes, seconded by Mr. Legates, Council by unanimous roll call vote appointed William H. Willis as Alderman to fill the unexpired term of Jay R. Dougherty as City Alderman.

LEGISLATIVE & FINANCE COMMITTEE

A written report of the Legislative & Finance Committee meeting held on November 7, 1973 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Holpp, Council accepted the report as presented.

JAY R. DOUGHERTY RESOLUTION

On motion of Mr. Holpp, seconded by Mr. Walls, Council adopted the following resolution.

WHEREAS, Jay R. Dougherty has given notice to the Mayor and Council that he will be leaving his position with the City of Dover to take another position in business; and

WHEREAS, Jay R. Dougherty initially was employed on November 25, 1965, by the City of Dover as assistant to the City Clerk; and

WHEREAS, on September 23, 1966, Jay R. Dougherty was appointed to the position of City Clerk and Treasurer which position he holds at the present time; and

WHEREAS, on January 1, 1971, he was also appointed to the position of City Alderman, which position he presently holds; and

WHEREAS, Jay R. Dougherty has served the City faithfully and ably throughout the years as City Clerk, City Treasurer and City Alderman; and

WHEREAS, The Mayor and Council regret that he is leaving but wish him well in his future endeavors.

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 deep appreciation to Jay R. Dougherty for his faithful service to the City of Dover as City Clerk, City Treasurer and City Alderman.

2. That the Mayor and Council of the City of Dover express their regret in the resignation of Jay R. Dougherty but hereby extend to him the best wishes for continued success in the future.

3. That this Resolution may be made a permanent record of the City of Dover in recognition of the faithful and able service of Jay R. Dougherty as City Clerk, City Treasurer and City Alderman.

ADOPTED NOVEMBER 12, 1973

ENERGY RESOLUTION

1. On motion of Mr. Hayes, seconded by Mr. Legates, Council by unanimous roll call vote adopted the following resolution.

WHEREAS, the Mayor and Council of the City of Dover recognize that our country is now confronted with an extreme emergency due to the depletion of fuel oil and other natural resources; and

WHEREAS, the President of the United States and the Governor of the State of Delaware and other leaders throughout the nation have pleaded with the citizens to conserve our natural resources and especially fuel oil in order to minimize the effects of the scarcity of the same; and

WHEREAS, it is recommended that all citizens reduce the consumption of fuel oil by lowering their thermostats and by being conservative of other uses of energy in their homes and by conserving gasoline by lowering their speeds and limiting unnecessary travel;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council of the City of Dover approve the recommendations made by President Nixon and by Governor Tribbett and by other leaders in our nation and hereby urge all of the citizens of the City of Dover to abide by the guidelines set forth in an address by President Nixon to the nation on November 7, 1973, and hereby recommend that all citizens do their utmost to conserve fuel in their homes and gasoline in their cars and other natural resources.

2. That the Mayor and Council of the City of Dover, recognizing that the holiday season is rapidly approaching, recommend to the local Merchant’s Association and the Chamber of Commerce ans to all residents of the City of Dover that Christmas displays and lighting be completely eliminated or reduced to a minimum in order to conserve energy during the holidays this season.

ADOPTED NOVEMBER 12, 1973

BICENTENNIAL COMMITTEE

On motion of Mr. Legates, seconded by Mr. Hayes, Council approved the recommendation of Mayor Crawford J. Carroll appointing the Friends of Old Dover as the Bicentennial Committee.

KENT COUNTY LANDFILL

A letter was received from the Kent County Landfill addressed to the City of Dover requesting payment of $10,545.26 for the use of the County Landfill. On motion of Mr. Harris, seconded by Mr. Biggs, Council directed that the City Manager contact the County Engineer and notify him that the City does not recognize this bill.

FAULKNER REZONING

A public hearing was duly advertised for this time and place to consider the rezoning of land located on New Burton Road owned by James C. and Edith B. Faulkner, equitable owner being Timothy Bounamici. Mayor Carroll declared the hearing opened. A letter from Mr. Maurice A. Hartnett, III, representing the equitable owner, requesting the rezoning to be withdrawn. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Walls, Council directed that the hearing be rescheduled and the following resolution adopted.

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 east side of New Burton Road is presently zoned for R-20 use, and

WHEREAS, it is necessary to hold a pubic 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 Annex on December 10, 1973, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-1A that property located on the east side of New Burton Road, north of Garton Road, owned by James and Edith Faulkner, equitable owner being Timothy Bounamici, and containing approximately five (5) acres.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1973

ZARTMAN REZONING

A letter was received from Mr. Paul E. Zartman requesting rezoning of his property located on the southeast corner of Lafferty Lane and Route 113. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Walls, Council adopted the following resolution.

A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TOT HE 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 southeast corner of Lafferty Lane and U.S. Route 113 is 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 Annex on December 10, 1973, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to C-2 that property located on the southeast side of Lafferty Lane and U.S. Route 113, owned by Paul E. Zartman.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED NOVEMBER 12, 1973

J. P. COURT #7 REPORT - OCTOBER

The monthly report for the J. P. Court #7 for the month of October was received with a check in the amount of $7,185.30. Deferred payments due the City of Dover as of October 31, 1973, amounted to $30,823.87. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.

ANNEXATION REQUESTS

A request was received from Alden B. Richardson III requesting annexation of the Richardson Estate located on the north of Walker Road and consisting of approximately 1.13 acres. A request was also received from Mr. Ward Hitch, requesting annexation of his property, Suburban Liquors, located on Forrest Street. On motion of Mr. Harris, seconded by Mr. Legates, Council referred both requests to the Utility Committee for their study and recommendation.

DOVER HERITAGE TRAIL, INC.

A letter was received from the Greater Dover Chamber of Commerce requesting the City of Dover’s support in the Dover Heritage Trail, Inc., project. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Parks and Recreation Committee for their study and recommendation.

COUNCIL ADJOURNED AT 8:55 P.M.

                                                                        JAY R. DOUGHERTY

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council at its meeting of November 12, 1973, are hereby approved.

                                                                        CRAWFORD J. CARROLL

                                                                        MAYOR

NOVEMBER 14, 1973