REGULAR MEETING
August 27, 1973
The regular meeting of City Council was held on Monday, August 27, 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 Council Chaplain, Rev. J. H. Williams.
MINUTES
The minutes of the regular Council meeting held on August 13, 1973 were accepted and bore the written approval of Mayor Carroll.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on August 22, 1973 was presented by Chairman Hayes. On motion of Mr. Walls, seconded by Mr. Holpp, Council accepted the report as presented.
CITY EMPLOYEE VACATION POLICY
A recommendation was made by the Legislative & Finance Committee to change the present vacation policy of the City of Dover employees. A conflict has arisen in the vacation scheduling of the Police Department under the proposed setup and Chief Spence asked that consideration be given to the adoption of a policy for the uniformed policemen that would permit them to gain the same increase in vacation benefits, but set the policy a little different. On motion of Mr. Muir, seconded by Mr. Legates, Council deferred action on this request until the nest Council meeting.
CITY MANAGER VACATION POLICY
The Legislative & Finance Committee has recommended that the City Manager be granted twenty (20) days vacation annually regardless of years of service. This policy shall go into effect immediately upon its adoption by Council. On motion of Mr. Muir, seconded by Mr. Holmes, Council approved the recommendation of the Legislative & Finance Committee granted the City Manager 20 days vacation annually.
WEST DOVER ANNEXATION RESULTS
The Election Officials of the Thirtieth and Thirty Second Election Districts of Kent County certified to Council the results of the annexation referendum held on Thursday, August 23, 1973 in the area of the Dover Country Club Apartments, Mifflin Road, Hartly Road and other lands as follows:
FOR ANNEXATION 15,372 Votes
AGAINST ANNEXATION 9,608 Votes
On motion of Mr. Hayes, seconded by Mr. Muir, Council accepted the results of the referendum as certified. Due to the impending legal action and suit being instituted by local residents in the annexation area, no further action was taken on this annexation at this time. Action has been delayed until such time as a decision is rendered by the Court of Chancery.
COOPERS CORNER - RUDNICK ANNEXATION RESULTS
The Election Officials of the Kent County certified to Council the results of the referendums held on Thursday, August 23, 1973 in the area of Coopers Corner and the Rudnick Livestock Sales as follows:
1. Rudnick Livestock Sales & Eastern Shore Equipment Company
FOR ANNEXATION 973 Votes
AGAINST ANNEXATION 124 Votes
2. Coopers Corner to Webbs Lane Extension
FOR ANNEXATION 1,435 Votes
AGAINST ANNEXATION 801 Votes
On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote accepted the results of the referendums as certified above.
RUDNICK SALES ANNEXATION
On motion of Mr. Holpp, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE SOUTH 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 south of Coopers Corner between U.S. Route 13 and U.S. Route 113A more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 23rd day of August, A. D. 1973 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 situate 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 those certain lots, pieces or parcels of land lying and being situate contiguous to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BEGINNING at the intersection of the easterly right-of-way line of U.S. Route 113A and the westerly right-of-way line of U.S. Route 13; thence with the said westerly right-of-way line of U.S. Route 13 and in a southerly direction to the point of intersection with the southerly right-of-way line of the new connecting road now being built between U.S. Route 13 and U.S. Route 113A; thence with the said southerly right-of-way line of this new road and in an easterly direction to the easterly right-of-way line of U.S. Route 113A, thence with the said easterly right-of-way line of U.S. Route 113A in a northerly direction home to the place of beginning, be the contents what they may.
2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record 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 28th day of August, 1973 at 12:01 A.M. O’Clock.
ADOPTED AUGUST 27, 1973
CAESAR RODNEY SCHOOL DISTRICT
A letter was received from F. Niel Postlethwait, Superintendent of the CR School District requesting a meeting between the City Council and CR School Board concerning the problems that might created when proposed construction takes place on the Robino Land across from the W. Reily Brown school located on Webbs Lane. Mayor Carroll stated that the builder has promised to have sidewalks constructed in this area before the opening of school in September, which seems to be the same main concern. This sidewalk area is on the right-of-way, which is not within the limits of the City of Dover, therefore the City could not compel the builder to install sidewalks. Council then requested that receipt be acknowledged on this letter.
DEPARTMENT OF ADMINISTRATIVE SERVICES LETTER
A letter was received from John E. Babiarx, Secretary of the Department of Administrative Services, State of Delaware, stating that the State of Delaware is interested in acquiring whatever surplus land might be available at the site of the City of Dover Sewer Plant off Water Street. On motion of Mr. Legates, seconded by Mr. Muir, Council referred this letter to the Committee of Committees for their study and recommendations.
FAULKNER REZONING
A letter was duly advertised for this time and place to consider the rezoning of land located on New Burton Road. Mayor Carroll declared the hearing opened. Maurice Hartnett, III, representing the equitable owner, was present and addressed Council on behalf of the rezoning. The equitable owner, Timothy Buonamici, was also present ans requested Council give favorable consideration to this request. He presented a architects drawing of the land use of the area. The Planning Commission has recommended that this request be denied. Mayor Carroll declared the hearing closed. On motion of Mr. Muir, seconded by Mr. Holmes, Council by a vote unanimously, denied the rezoning request of James C. & Edith B. Faulkner, equitable owned being Timothy Buonamici, from R-20 to C-2 on the property located on the east side of new Burton Road in the area of Garton Road.
PEOPLES BANK AND TRUST COMPANY REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of the properties located on the northwest corner of Loockerman Street and U.S. Route 13. Mayor Carroll declared the hearing opened. Mr. William Vaughn, representing the equitable owner was present and spoke on behalf of the rezoning. The President of the Peoples Bank and Trust Company, John L. Williams, was also present and presented a plan of construction of the land to be used for the banking facility. Mr. William Hallett and Mr. Marvin Thompson and Mrs. Florence Raubacher were present and spoke against the rezoning, mainly because of other permitted uses of C-4 zones, that might sometime be applied to the proposed property. Former Governor, Elbert Carvel, a Board member of the Peoples Bank and Trust Company, spoke on behalf of the rezoning and their hope to establish a banking facility in the Dover area. The Planning Commission has recommended approval of this request. A question was raised as to the possibility of dead restrictions on one of the lots. Council was informed that deed restrictions did exist on the property of Carl & Pauline Richardson, and that if rezoned by Council, it would be the responsibility of the proposed developer to have the deed restrictions lifted prior to development of the land. This hearing is strictly for land use only. Mayor Carroll declared the hearing closed. On motion of Mr. Holpp, seconded by Mr. Muir, Council by a roll call vote of 6 ‘yes’, and 2 ‘no’, Messrs Hayes and Legates, 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 PROPERTY LOCATED ON THE NORTHWEST CORNER OF LOOCKERMAN STREET AND U.S. ROUTE 13, FROM I0 AND R-10 USE TO C-4 USE.
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 I0 and R-10 to C-4 use.
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-10 and I0 to C-4 on that property located on the northwest corner of Loockerman Street and U.S. Route 13, owned by Carl & Pauline Richardson and John T. Beiser & Aaron O. Knopf, equitable owner being Peoples Bank and Trust Company, and containing approximately 31,000 square feet.
ADOPTED AUGUST 27, 1973
DOVER INSURANCE AGENCY
Under the present Broker of Record system of insurance maintained by the City of Dover, annually after the Broker of Record retains his commission, the balance of the premiums are spilt amongst the other insurance agents with the City limits. This past year, 1972, the Dover Insurance Agency was sold to the Pratt Insurance Agency of Smyrna, Delaware. The Dover Insurance Agency office located in Dover now has only a skeleton force in operation and the bulk of the business is being done in the Smyrna office. Therefore, when the payments to the other insurance agents was made last year, Dover Insurance Agency was skipped over, upon the request of the Broker of Record. Mr. Verne McGrew has requested of Council that he be placed on the list of bonafide agents operating in the City of Dover and also that he be repaid for the dividend he did not receive in 1972. On motion of Mr. Harris, seconded by Mr. Hayes, Council by a vote of 5 ‘yes’, 2 ‘no’, Messrs Holpp and Legates, and 1 ‘not voting’, Messr Holmes, directed that the Broker of Record, Chas. W. Hardesty Agency, be notified that the Dover Insurance Agency be registered with him as a bonafide agent operating within the limits of the City of Dover. Council further directed that Mr. McGrew be notified of such action and that the request for payment of last year’s dividend cannot be made by the City of Dover and that request must go to the Broker of Record.
PLANNED USE REPORT - REVENUE SHARING
A planned use report for Revenue Sharing Funds received for the period of July 1, 1973 through June 30, 1974 must be filed by September 14, 1973. On motion of Mr. Walls, seconded by Mr. Holmes, Council directed that the Committee of Committees study the planned use report for this money and a report will be made to the City Council at its next scheduled meeting of September 10, 1973.
COUNCIL ADJOURNED AT 8:20 PM
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of August 27, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
AUGUST 28, 1973