REGULAR MEETING

November 22, 1971

The regular meeting of City Council was held on Monday, November 22, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates and Walls. Mr. Muir was absent due to illness.

MINUTES

The minutes of the regular meeting of City Council held of November 8, 1971 were accepted and bore the written approval of Mayor Carroll.

ANNUAL AUDITS

Mr. William Manter, CPA, was present and presented to Council the annual audits of the General and Electric Funds of the City of Dover for the fiscal year ending June 30, 1971. Mr. Manter explained the highlights of the audit and the areas of increase in the City operations. A note was made that on page 20 of the General Fund audit, it was incorrectly stated that $5,000,00 in G.O. Bonds had been sold for the 1970 Bond Fund, whereas this should have been $5,000,000 authorized and only $1,500,000 have been sold to this date. A discussion was also held on the deferred payments due the City of Dover, which is covered in more detail further in these minutes. A question also arose on the Boiler Explosion Coverage, which will be looked into and an answer returned to Council. On motion of Mr. Hayes, seconded by Mr. Biggs, Council accepted the reports of the General and Electric Funds as presented.

J.P. COURT #7

Requests have been made in the most recent past by the City to determine an individual accounting of the deferred fines owed the City of Dover. Requests have been made by the City Clerk’s Office and most recently by Mr. Manter’s office. On all occasions, the answer was the same, that the J.P. Court does not have the personnel to supply this information. After a lengthy discussion by Council, a suggestion was made that a request once again be made of J.P. Court #7 for this information, and if it is unavailable, that Mr. Manter be given permission by the Court to allow a spot audit of deferred payments due the City of Dover. On motion of Mr. Coyle, seconded by Mr. Holmes, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, approved that a resolution be drawn and signed by Mayor Carroll and presented to J.P. Court #7 requesting either the necessary information or allow a spot audit by Mr. Manter.

The October report of the J.P. Court #7 was presented to Council at this time. A check in the amount of $8,307.17 was remitted to the City of Dover, and deferred fines in the amount of $19,541.71 were also reported. On motion of Mr. Legates, seconded by Mr. Coyle, the report was accepted as presented.

LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE

A written report of the meeting of the Legislative & Finance Committee held on November 10, 1971 was presented by Chairman Hayes. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.

HICKMAN TRAILER REQUEST

Mr. & Mrs. Edgar Hickman, owners of property located on the southwest corner of Horsepond Road and Lafferty Lane were present before Council to appeal the decision of the Building Inspector, who denied them permission to install three trailers on this property. They presently live in a trailer located on this property and have made arrangements to install three more and make a small mobile court. The original trailer was located there prior to this area being annexed to the City on December 15, 1970. Since that time two other trailers have been located there, and a facility for one more. Mr. Roe had notified them that the last two installed trailers must be removed and no additional trailers located there. Mr. Robert Barrett, Attorney, was present representing the Hickman’s and stated that he thought that this problem was created through a lack of communication. It was his hope that Council could see fit to allow the Hickman’s to operate this small mobile court as a non-conforming use. On motion of Mr. Holpp, seconded by Mr. Coyle, Council by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, upheld the decision of the Building Inspector and denied the appeal of Mr. & Mrs. Edgar Hickman.

FARMERS BANK MODULAR BRANCH BANK

A request has been received from the Farmer’s Bank of the State of Delaware to install a modular branch bank on the northeast corner of Hartly and Kenton Roads. This would be a temporary facility, and permission would be needed of Council to allow such an installation for a three (3) year period. Mr. Edward W. Hagemeyer, President of the Farmer’s Bank, was present and spoke on their behalf for the permission to install this facility, although it does not now meet the Code requirements of the City of Dover. Permission for this has been denied by the Building Inspector under the present Zoning requirements. They are now appealing this decision to Council. After much discussion by Council, a motion was made by Mr. Hayes, seconded by Mr. Holpp, and by a roll call vote of 7 ‘yes’ and 1 ‘absent’, Mr. Muir, Council upheld the decision of the Building Inspector and denied the appeal of the Farmers Bank of the State of Delaware for a modular branch bank.

KENBRIT CORPORATION

A request has been received from the Kenbrit Corporation to annex a parcel of land they presently own located on South Bradford Street, south of Wyoming Avenue. On motion of Mr. Hayes, seconded by Mr. Walls, Council referred this request to the Utility Committee for the study and recommendation.

ARLINGTON BULLOCK EST. REZONING

A request has been received from the Arlington Bullock Estate to rezone a parcel of property they own located at 33 Wyoming Avenue. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance. On motion of Mr. Legates, seconded by Mr. Walls, Council adopted the following resolution and referred this 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 33 Wyoming Avenue is presently zoned for R-8 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 January 10, 1972 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map that would rezone from R-8 to C-1A that property located at 33 Wyoming Avenue, owned by Arlington Bullock Estate, and containing approximately 0.63 acres.

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

ADOPTED NOVEMBER 22, 1971

GETTY OIL GAS STATION

A hearing had been held before the Zoning Board of Adjustment at the request of the Getty Oil Company for a variance under Section 3.715 (g), that would permit them to build a motor vehicle service station within a distance of 200 feet of a presently located church. The Board of Adjustment has not rendered a decision, stating that they were of the opinion that this was a direct violation of the zoning ordinance and not a variance request. Mr. Gene Auen, representing Getty Oil Company, was present and addressed Council concerning this request. Also present was Mr. John Garland, an Attorney with Getty Oil Company. Both stated that they felt that this was an interpretation of the zoning ordinance as to whether the requirement was 200' from the lot line to line, or 200' from the building to building. On motion of Mr. Hayes, seconded by Mr. Legates, Council referred this request to the Building, Housing and Plumbing Code Committee for their study and recommendation at the next regularly scheduled Council meeting.

PROJECT 51 - GRUWELL ACRES

Bids were received this date on Project 51, the installation of sanitary sewer and force main in Gruwell Acres on the east side of U.S. Route 13. Four bids were received with the low bid being that of George & Lynch, Inc. at a bid price of $13,855.00. On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote awarded the above mentioned contract to the low bidder, George & Lynch, Inc. at the bid price of $13,855.

HUEBNER FARM LEASE

Mr. Charles Dempsey presently leasing the Huebner Farm owned by the City of Dover, this lease due to expire in February, 1972. Mr. Dempsey has requested at least a two year extension on this present lease. Mr. James asked the Council at this time their feelings on leasing this property to Mr. Dempsey, for another two-years. Mayor Carroll has recommended, in view of the fact that this land was purchased for a specific purpose, which apparently it will not now be used, as to whether a study should be made on the utilization of this land, whether it be for leasing as farm land, or put to some other use by the City, or ultimately be sold by the City. On motion of Mr. Holpp, seconded by Mr. Legates, Council referred this study to the City Planner, a study to be made by him, and a recommendation to be brought back to Council.

COUNCIL ADJOURNED AT 10:30 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by Council at its meeting of November 22, 1971 are hereby approved.

                                                                                                                                                            

NOVEMBER 23, 1971                                                                       Crawford J. Carroll   Mayor