REGULAR MEETING
February 14, 1972
The Annual Organization Meeting of City Council was held on Monday, February 14, 1972 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by the Rev. Robert J. Whitlock of Wesley Methodist Church.
The Honorable William J. Storey, Resident Associate Judge of the Superior Court administered the oath of office to the following recently elected members of Council for two year terms.
MAYOR Crawford J. Carroll
FIRST DISTRICT Albert W. Holmes
SECOND DISTRICT Douglas L. Harris
THIRD DISTRICT James P. Muir
FOURTH DISTRICT William A. Hayes
At this time, Mayor Carroll presented outgoing Councilman Joseph J. Coyle with a plague and expressed to Mr. Coyle the gratitude of the City of Dover for his contribution to the Council during his tenure as Councilman.
STATE OF THE CITY ADDRESS
Mayor Carroll delivered his State of the City Address at this time expressing his appreciation for the progress of the City in the past year and at the same time outlining some major projects that he hopes might be accomplished in the coming years. He thanked the Council, and the Staff of the City of Dover for past accomplishments and asked their continued efforts and support for the year to come.
Following a short recess, Council reconvened at 8:15 P.M.
ELECTION OF OFFICERS
On motion of Mr. Biggs, seconded by Mr. Holmes, Councilman William A. Hayes was reelected Vice-Mayor.
On motion of Mr. Hayes, seconded by Mr. Walls, Jay R. Dougherty was reelected City Clerk & Treasurer.
On motion of Mr. Holpp, seconded by Mr. Muir, Jay R. Dougherty was reelected City Alderman.
On motion of Mr. Walls, seconded by Mr. Holmes, Nicholas H. Rodriguez was reelected City Solicitor.
COMMITTEE APPOINTMENTS
On motion of Mr. Walls, seconded by Mr. Biggs, Council by unanimous vote confirmed the following committee appointments as recommended by Mayor Carroll.
BUILDING, HOUSING & PLUMBING CODE COMMITTEE: Chairman Biggs, Hayes and Legates.
PARKS, PLAYGROUNDS & TREES COMMITTEE: Chairman Walls, Harris, Holmes, Mr. Pat Knight and Mr. James Hardcastle.
SAFETY ADVISORY COMMITTEE: Chairman Walls, Harris and Holmes.
UTILITY COMMITTEE: Chairman Holpp, Mayor Carroll, Biggs and Muir.
WAGES & HOURS, LEGISLATIVE & FINANCE COMMITTEE: Chairman Hayes, Biggs and Legates.
COMMITTEE OF COMMITTEES: Chairman Hayes, Biggs, Holpp and Walls.
MINUTES
The minutes of the regular meeting of City Council held on January 24, 1972 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of January and the Annual Report for the year 1971 were accepted.
Building Inspector & Fire Marshal report for the month of January and Annual Report for the year 1971 were accepted.
City Planner report for the month of January was accepted.
Alderman report for the month of January was accepted, fines in the amount of $374.60 were remitted.
J. P. Court #7 report for the month of January was accepted. Fines in the amount of $9,590.43 were remitted.
Cash Receipts, General Fund, for the month of January were accepted.
Budget Report, General Fund, for the month of December was accepted.
Cash Receipts, Electric Revenue Fund, for the month of January were accepted.
Cash Receipts, Electric Improvement Fund, for the month of January were accepted.
City Manager report for the month of January was accepted.
STREET LIGHTS - RODNEY VILLAGE & KENT ACRES
A letter was received from the Kent County Levy Court stated that they had been petitioned by the residents of Rodney Village and Kent Acres for street lights. The City of Dover has previously quoted prices to the Levy Court for the installation of street lights in these areas, these figures having been accepted by Levy Court. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed that the necessary contracts be drawn by the City Solicitor and executed by the necessary City Officials and submitted to Levy Court for their signatures and approval.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on January 26, 1972 was presented by Chairman Hayes. On motion of Mr. Holmes, seconded by Mr. Biggs, Council accepted the report as presented.
KENT COUNTY LANDFILL
A bill had been presented to the Legislative & Finance Committee to cover usage of the Kent County Landfill by the City of Dover from August through December, 1971. The amount of this bill is $4,966. At this time an additional bill in the amount of $986.50 for the month of January, 1972 has been received. The Committee has recommended that the bill be paid from the time of the official notification by the County, October 29, 1971, this notification having been received in writing at this time. No official notification was received prior to that date. Under this recommendation the total amount due through January 31, 1972 is $3,979.50. On motion of Mr. Holpp, seconded by Mr. Holmes, the Council deferred action on the recommendation of the Committee pending a reply from the Levy Court on the fee charges, and the possible future closing of this facility. Mr. James stated that he would attempt to have the answers to these and other questions raised by Council, by its next meeting.
ABSENTEE BALLOTS - VOTER REGISTRATION
The Council has recently directed that legislation be drawn to amend the Charter of the City of Dover to provide absentee voting in the City of Dover Municipal Elections. This legislation has been drawn by the City Solicitor. A recommendation has been made at this time to abandon the present Voter Registration of the City of Dover and to request the use of the Kent County Board of Elections registration of City residents for all municipal election. On motion of Mr. Hayes, seconded by Mr. Muir, Council directed the City Solicitor to prepare the necessary legislation that would enable the City of Dover to use the registration records of the Kent County Board of Elections for all municipal elections in the City of Dover.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on February 8, 1972 was presented by Chairman Holpp. On motion of Mr. Walls, seconded by Mr. Holmes, Council accepted the report as presented.
RILEY STOKER COMPANY
A request had been received from Riley Stoker Company for an addendum to their existing contract for the erection of the new boiler on Unit No. 3, allowing them additional funds should they encounter any difficulty during construction. The recommendation of the Utility Committee is that this request be denied. On motion of Mr. Harris, seconded by Mr. Muir, Council by unanimous vote accepted the recommendation of the Utility Committee and denied the request of Riley Stoker Company.
DELAWARE STATE COLLEGE SEWER
Delaware State College requests that a sanitary sewer system be installed in the college complex and emptying into the force main which presently exists in the City of Dover system. Mr. James stated that in talking with the County, they informed him that they though that money was originally requested by the County from the Federal Government for this project to take place under the County sewer system, this being done prior to the College be annexed into the City. They felt that possibility this money could be transferred to the City of Dover if such a project were undertaken. On motion of Mr. Holpp, seconded by Mr. Muir, Council requested that the City Manager contact the County to ascertain the availability of any funds that might be forthcoming from the above mentioned project at Delaware State College.
BUILDING, HOUSING & PLUMBING CODE COMMITTEE
A written report of the Building, Housing & Plumbing Code Committee meeting held on January 26, 1972 was presented by Chairman Biggs. On motion of Mr. Muir, seconded by Mr. Holmes, Council accepted the report as presented.
HOWARD STAGNER REQUEST
A request had been received from Howard Stagner for a change in the existing ordinance that would permit mobile advertising signs within the City of Dover. After due consideration, the Building Code Committee has recommended that this request be denied. On motion of Mr. Muir, seconded by Mr. Walls, Council accepted the recommendation of the Committee and denied Mr. Stagner’s request.
DR. SAMUEL G. FORESTER RESOLUTION
On motion of Mr. Holmes, seconded by Mr. Walls, Council by unanimous roll call vote adopted the following resolution honoring the memory of Dr. Samuel G. Forester, Levy Court Commissioner.
A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF DR. SAMUEL G. FORESTER.
WHEREAS, Dr. Samuel G. Forester was a Kent County Levy Court Commissioner; and
WHEREAS, Dr. Samuel G. Forester served in the United States Army for seven and one-half years, in which he attained the rank of captain; and after leaving the Army, worked for the Federal Government in Buffalo, New York, before coming to Delaware; and
WHEREAS, Dr. Samuel G. Forester was an active leader in the community serving as past president of the Dover Kiwanis Club; member of the Masons; member of the Delaware American Veterinarian Association; member of the Board of Directors of Mark 7 Seafood; and a member of the Kent County Heart Association and Geriatric Services of Delaware, Inc.
WHEREAS, Dr. Samuel G. Forester departed this life on January 28, 1972.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Mayor and Council of the City of Dover have experienced great personal grief and regret at the death of Dr. Samuel G. Forester; and
The Mayor and Council of The City of Dover express their great sorrow at the death of Dr. Samuel G. Forester and extend their sincere sympathy to his family; and
The Mayor and Council of the City of Dover direct the Clerk of Council to make this Resolution a part of the permanent records of The City of Dover to become a living memorial showing the appreciation of The City for the faithful and competent services rendered by the late Dr. Samuel G. Forester.
ADOPTED FEBRUARY 14, 1972
J. M. CLEMINSHAW LETTER
A letter was received from The J. M. Cleminshaw Company stating that they are nearing the completion of their contract with the City of Dover for the re-appraisal of properties within the City of Dover. They expect to have the final figures available to the City within the next few days. On motion of Mr. Harris, seconded by Mr. Hayes, Council acknowledged receipt of the abovementioned letter.
SECRETARY HUGH MARTIN LETTER
A letter was read at this time that had been received by Mayor Carroll regarding the “service Charges” that are being investigated by the City of Dover. Mr. Martin stated that he felt the State was paying its fair share for services rendered by the City of Dover. A letter was then read that was a reply by Mayor Carroll to Mr. Martin’s letter stating why the City felt that the service charges were justified and that Mr. Martin’s statements were not altogether valid and could be quite questionable.
SECRETARY A. KIRK MEARNS LETTER
A letter was read at this time that was received from Mr. A. Kirk Mearns, Secretary of the Department of Highways and Transportation concerning the proposed “Dover Ring Road” submitted to his department by the City of Dover. A letter of reply written by Mayor Carroll was read in which Mayor Carroll stated that the City of Dover did not favor any of the four proposed “cross-town” routes and asked once again that the Highway Department explore the possible construction of a “ring-road”.
WDOV REQUEST
A request was received from WDOV, Dover Broadcasting Company, asking permission to broadcast all regularly scheduled Council meetings. This broadcast will be carried over the audio portion of Channel 4, which is available to all persons with cable television access through Delaware Teleservice. On motion of Mr. Hayes, seconded by Mr. Holmes, Council approved this request of the Dover Broadcasting Company, effective immediately. This meeting was being carried over this broadcast network at this time.
DOVER CHAMBER OF COMMERCE
The Greater Dover Chamber of Commerce on behalf of the Delmarva Chicken Festival have requested permission to place temporary signs advertising the upcoming Chicken Festival in Dover. This will take place on April 27, 28 and 29th, after which they will be removed. On motion of Mr. Hayes, seconded by Mr. Holmes, Council approved the placing of these temporary signs under the direction of the City Manager’s office.
CAPITOL BAPTIST CHURCH
Permission was requested by the Capitol Baptist Church to erect directional signs at the entrances to Mayfair Development to be used for the public in locating this church. On motion of Mr. Hayes, seconded by Mr. Muir, Council denied this request.
BUCKSON TRAILER REQUEST
Mr. David P. Buckson has requested permission to locate a mobile home on a lot owned by and adjacent to Nathan Cohen Realty on U.S. 13. This trailer will be used as a political headquarters by Mr. Buckson during his campaign for Governor. This will not be used as a residence but strictly as an office. On motion of Mr. Hayes, seconded by Mr. Holmes, Council granted permission for the installation of the abovementioned trailer, under the direction of the Building Inspector’s Office.
WOODCREST PETITION
A petition was received by the City from the residents of the Woodcrest Development requesting action be taken by the City to prohibit students of Dover High School from parking in the Woodcrest Development during school hours. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Safety Advisory Committee for their study and recommendation.
CARLISLE LANDS, INC.
Carlisle Lands Inc. has requested permission of the City of Dover to hook into a sewage disposal plant being constructed across Denney’s Road from their land which is within the City limits and was recently rezoned for RG-2 use. The land lying across Denney’s Road, known as Carlisle Village, is not within the City limits and will be hooked into the County sewer system when it becomes available. On motion of Mr. Walls, seconded by Mr. Legates, Council referred this request to the Utility Committee for their study and recommendation.
COLBERT-GONZALEZ REZONING
A request was received from Mr. Melvin Colbert and Mr. Esteban Gonzalez to rezone the property they own located at 102 S. Kirkwood Street. A public hearing is required prior to amending the Zoning Map. On motion of Mr. Walls, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 102 S. Kirkwood Street is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
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 March 13, 1972 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover that would rezone from RG-1 to C-2 that property located at 102 S. Kirkwood Street, owned by Melvin Colbert and Esteban Gonzalez, and containing approximately 9300 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 14, 1972
SHADE REZONING
A request was received from Major John E. Shade to rezone property he owns located at 29 S. State Street. A public hearing is required prior to amending the Zoning Map. On motion of Mr. Legates, seconded by Mr. Holmes, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 29 S. State Street is presently zoned for RG0 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
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 March 13, 1972 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover that would rezone from RG0 to RG-4 that property located at 29 S. State Street, owned by Major John E. Shade and containing approximately 0.66 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 14, 1972
O’KEEF REZONING
A request was received from Drew J. T. O’Keef to rezone land he owns located on the westside of Saulsbury Road. A public hearing is required prior to amending the Zoning Map. On motion of Mr. Hayes, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the westside of Saulsbury Road is presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Map and Ordinance.
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 March 13, 1972 at 8:10 P.M. on a proposed amendment to the zoning ordinance of the City of Dover that would rezone from R-20 to C-4 that land located on the west side of Saulsbury Road, owned by Drew J. T. O’Keef and containing approximately 2.60 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 14, 1972
WARREN BROS. BUSINESS LICENSE
On motion of Mr. Holpp, seconded by Mr. Hayes, Council directed that Mr. William Manter audit that accounts of Warren Brothers which are accountable for determining their business license fee for the year 1971-1972. If Warren Brothers are found guilty of filing false information with the City License Department, they will pay for the cost of the audit in addition to the additional cost of the license fee.
COUNCIL ADJOURNED AT 9:45 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of February 14, 1972 are hereby approved.
Crawford J. Carroll
Mayor
FEBRUARY 15, 1972