REGULAR MEETING
May 10, 1971
The regular meeting of City Council was held on Monday, May 10, 1971 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates, Muir and Walls.
MINUTES
The minutes of the regular meeting of City Council held on April 26, 1971 were accepted and bore the written approval of Mayor Carroll.
WILLIE J. FRANCISCO RESOLUTION
On motion of Mr. Legates, seconded by Mr. Walls, Council by a unanimous roll call vote adopted the following resolution honoring Willie J. Francisco, T/Sgt., USAF.
RESOLUTION
WHEREAS, The City of Dover, Delaware owns and operates an electric system which generates and distributes electric power within the City and surrounding territory, and
WHEREAS, within the system in an electrical substation of 7500 KVA capacity located on the Lebanon Road adjacent to Base Housing of Dover Air Base, and
WHEREAS, on the evening of Saturday, April 10, 1971, trouble developed in the substation which resulted in an oil leak and overheating of the transformer, and
WHEREAS, Technical Sergeant Willie J. Francisco, 436th Civil Engineering Squadron, DAFB, was notified by Technical Sergeant Carl E. Anson, of the evident trouble at the location of the Substation, and
WHEREAS, Sergeant Francisco took the time and effort to promptly notify the City of Dover of his discovery this enabling the proper action to be taken to prevent complete loss of oil in the transformer and possibly great financial expense.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That Technical Sergeant Willie J. Francisco is commended for his act which demonstrates a spirit of public concern worthy of public acknowledgment and is an example of the good neighbors who are most welcome in the community.
2. That Technical Sergeant Willie J. Francisco be thanked with this resolution in appreciation for an act which undoubtedly saved the City of Dover from great financial loss.
3. That Technical Sergeant Willie J. Francisco be presented with a copy of this resolution and that copies be furnished to his superior officers at Dover Air Force Base.
ADOPTED MAY 10, 1971
REPORTS
The Chief of Police report for the month of April was accepted.
The Building Inspector & Fire Marshal report for the month of April was accepted.
The City Planner report for the month of April was accepted.
Alderman report for the month of April was accepted. Fines in the amount of $529.00 were remitted.
Cash Receipts, General Fund, for the month of April were accepted.
Budget Report, General Fund, for the month of March was accepted.
Cash Receipts, Electric Revenue Fund, for the month of April were accepted.
Cash Receipts, Electric Improvement Fund, for the month of April were accepted.
City Manager report for the month of April was accepted.
CAPITAL SCHOOL DISTRICT TRAILER
At the last Council meeting a request was read from the Capital School District concerning a house trailer used for a classroom on the West Dover Elementary School site. City Manager Neylan was requested to inquire of the School District as to the length of time that might be needed for this temporary facility. In a reply from them, he was informed that this request would be on a year-to-year basis, and the duration of this facility was undeterminable at this time. On motion of Mr. Walls, seconded by Mr. Holmes, Council by unanimous vote extended the use of this facility for the school year of 1971-1972, such permission to expire June, 1972.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on May 3, 1971 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Coyle, Council accepted the report as presented.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on May 3, 1971 was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Coyle, Council accepted the report as presented.
CHAMBER OF COMMERCE FIREWORKS
The Parks Committee considered the referral from the Chamber of Commerce concerning their fireworks display on July 4th and a request of financial assistance from the City. The Committee has recommended no participation on the City’s part due to lack of finances in the upcoming budget. On motion of Mr. Hayes, seconded by Mr. Muir, Council by a vote of 7 ‘yes’ and 1 ‘no’, Messr Coyle, accepted the above recommendation of the Parks, Playground & Trees Committee.
NORTHWEST DOVER HEIGHTS PARKLAND
The developer of Northwest Dover Heights had presented a plan to the Parks Committee for the further development of this area. The Parks Committee has the responsibility of setting aside a certain area of a development for parkland and so recommending to the Planning Commission that this be done in the final plans. The Committee has recommended that lots AK, AS, AR AND E be set aside for parkland totally 1.05 acres, the entire project being 12.85 acres. On motion of Mr. Holmes, seconded by Mr. Biggs, Council approved the recommendation of the Parks, Playgrounds and Trees Committee and requested that the Planning Commission be so notified.
EISENBREY REZONING
A request had been received from Mrs. Evelyn Eisenbrey to rezone her property located at the northwest corner of Cecil and Queen Streets. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. James Young, proposed purchaser of this property, was present and spoke on behalf of the rezoning. No one else was present to speak for or against this rezoning. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Biggs, seconded by Mr. Coyle, Council by a unanimous roll call vote 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 AT THE NORTHWEST CORNER OF CECIL AND QUEEN STREETS FROM RG-1 TO C-2 USE.
WHEREAS, The City of Dover has enacted a zoning ordinance regulating the use of property with the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use from RG-1 to C-2 on that land described below.
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 shall be amended by changing the zoning designation from RG-1 to C-2 on that property located on the northwest corner of Cecil and Queen Streets, owned by Mrs. Evelyn S. Eisenbrey, and containing approximately 0.47 acres.
ADOPTED MAY 10, 1971
INDEPENDENT NEWSPAPERS REZONING
A request had been received from Independent Newspaper, Inc. (Delaware State News) to rezone property they own located on the east side of Garton Road. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. No one was present to speak for or against the rezoning. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous roll call vote 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 EAST SIDE OF GARTON ROAD, LOTS 13, 14, 15, 16 & 17 FROM R-20 TO C-3 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 zoning and planning to change the permitted use from R-20 to C-3 on that land described below.
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 shall be amended by changing the zoning designation from R-20 to C-3 on that property located on the east side of Garton Road, Lots 13, 14, 15, 16 &17, owned by Independent Newspapers, Inc. and containing approximately .087 acres.
ADOPTED MAY 10, 1971
XLETE-ROBINO REZONING
A request had been received for the rezoning of land located east of U.S. Route 13, owned by Xlete, Inc. and Robino, Inc. A public hearing was duly advertised for this time and place. Mayor Carroll declared the hearing opened. Mr. John Maybee, representing Xlete, Inc. presented a letter to Council and addressed the on the opposition of Xlete, Inc. to such a rezoning. Their feeling was that a rezoning such as this would deprive the owners use of this land and devaluate this property. Mr. John VanBrunt, representing Frank Robino, Inc., also addressed Council on their opposition to this rezoning, stating the same reasons as Mr. Maybee. Mr. Robert Washburn, representing Leon A. Weiner Associates, equitable owner of the Robino property, also spoke of the opposition to this rezoning request. No one else was present to speak for or against the rezoning. The Planning Commission has recommended approval as submitted. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Hayes, Council by a roll call vote of 6 ‘yes’ and 2 ‘no’, Messrs Legates and Muir, 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 EAST OF U.S. ROUTE 13 ADJACENT TO THE BEECHES, FROM RG-2 AND R-20 TO I0 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 zoning and planning to change the permitted use from RG-2 and R-20 to I0 on that land described below.
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 shall be amended by changing the zoning designation from RG-2 and R-20 to I0 on that property located on the east of U.S. Route 13, adjacent to The Beeches, owned by the Xlete, Inc. and Frank Robino, Inc. and containing approximately 35 acres.
ADOPTED MAY 10, 1971
MONISMITH REQUEST
Mrs. Pauline Monismith was present and addressed Council concerning a “spite fence” which has been erected between her property and the property next door belonging to Mr. C.W. Jaffray, 61 Upland Avenue. Mrs. Monismith feels this fence is an unsightly eye-sore and causes a great discomfort to their property. Mr. Roe, Building Inspector, presented recently taken pictures of this fence and stated that it was no violating any City Ordinances. Mr. Roe had conferred with City Solicitor Rodriguez, both having researched the problem quite thoroughly and in their opinions this is not a violation of City Ordinances and is basically a civil matter that would have to be taken to court by the two parties involved. A permit was obtained and complied with when mr. Jaffray constructed this fence and rose arbor on his property. Mr. Hayes questioned whether the rose arbor would be considered a structure, and therefore would be a violation of the side-yard set back as set forth in the Zoning Ordinance. Mr. Rodriguez stated again that in his opinion and that of Mr. Roe that this was not a structure and therefore did not come under the set back requirements of the Zoning Ordinance.
TAAO CONFERENCE
Mr. Julius Weinstein, City Assessor, requested permission of the Council to attend the International Association of Assessing Officers Conference in Boston, Massachusetts on September 16th through 22nd, 1971. On motion of Mr. Hayes, seconded by Mr. Walls, Council granted permission for Mr. Weinstein to attend the aforementioned conference.
NATE COHEN PROPERTY
Mr. Nate Cohen, on behalf of the Nate Cohen Realty Company, has offered to donate to the City of Dover a parcel of land 40' x 150' located on the southeast corner of Walker Road and Saulsbury Road. His donation is dependent upon the City of Dover agreeing to place a properly designated sign at this location honoring the memory of James G. Smith, Jr. and a perpetual garden maintained by the City on this lot. On motion of Mr. Legates, seconded by Mr. Biggs, Council referred this request to the Parks, Playgrounds and Trees Committee for their study and recommendation.
VAN-COR REZONING
A request has been received from Van-Cor, Inc. to rezone property they own located on the west side of Kings Highway. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Coyle, seconded by Mr. Biggs, 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 MAP 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 Kings Highway Northeast is presently zoned for RG-2 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 at City Hall on June 14, 1971 at 8:00 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from RG-2 to RG-4 that property located on the east side of Kings Highway Northeast, owned by Silver Lek Associates, and containing approximately 4.99 acres.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 10, 1971
FERGUSON REZONING
A request has been received from Thomas Ferguson to rezoning lots 132 and 133 on State College Road that he owns from R-20 to RG-2. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Legates, seconded by Mr. Coyle, 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on College Road, Lots 132 & 133, are 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 at City Hall on June 14, 1971 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to RG-2 that property located on the south side of College Road, Lots 132 & 133, owned by Thomas Ferguson and containing approximately 13,000 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 10, 1971
AHG LAND CORPORATION REZONING
A request has been received from AHG Land Corporation to rezone a parcel of land located at 814 River Road. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Coyle, 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 814 River Road 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 at City Hall on June 14, 1971 at 8:05 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from RG-1 to RG0 that property located at 814 River Road, owned by AHG Land Corporation, equitable owners being A.J. Couhig, and H.E. Remley, and containing approximately 7500 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 10, 1971
KELLY REZONING
A request has been received from Edna E. Kelly to rezone property she owns located at 31 N. Edgehill Avenue. A public hearing is required prior to amending the zoning map and zoning ordinance. On motion of Mr. Coyle, 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 MAP AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 31 N. Edgehill Avenue is presently zoned for R-7 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 at City Hall on June 14, 1971 at 8:15 P.M. on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-7 to RG-2 that property located at 31 N. Edgehill Avenue, owned by Edna E. Kelly, and containing approximately 10,200 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 10, 1971
MEMORIAL DAY SERVICES
A letter was received from the Delaware Veterans of World War II stating that the Memorial Day Services for the annual observance in honor of Memorial Day will be held on Sunday, May 30, 1971 at 12:30 P.M. at the Veteran’s Memorial Plot at the intersection of King’s Highway and State Street. On motion of Mr. Hayes, seconded by Mr. Coyle, Council directed that a floral wreath be ordered by the City of Dover and will be presented by a representative of the City at the Memorial Service.
VILLAGE DAY CARE CENTER
A request has been received from the Village Day Care Center located on Cowgill Street to use the ground adjoining their property for a playground for this Day Care Center. This ground is presently a dedicated street and is plotted as the extension of Miller Road. They would like to fence in this area for a childrens playground providing a rental agreement could be reached with the City of Dover. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Parks, Playground & Trees Committee for their study and recommendation.
ROUTE 99 - COLLEGE ROAD
A letter was received from Postmaster J.C. Bowdle concerning the naming and numbering of houses on the new Route 99 running south of State College, and replacing the old Route 99 that is now part of the campus of Delaware State College. Mr. Bowdle requesting also to determine the dividing line between east and west on this road and other newly annexed areas. On motion of Mr. Coyle, seconded by Mr. Biggs, Council referred this request to the Planning Commission for their study and recommendations.
NEAL MOERSCHEL LETTER
A letter was received from W. Neal Moerschel, State Representative, 31st District, attached to a copy of House Bill 207, and Amendment #1 relating to freedom of information. He requested comments and recommendations of the Council. On motion of Mr. Coyle, seconded by Mr. Walls, Council referred this request to the Legislative & Finance, Wages & Hours Committee for their study and recommendation.
CONDEMNATION HEARINGS
A public hearing was duly advertised for this time and place for the purpose of consideration by Council on the condemnation of various buildings and dwellings as set forth by action of Council taken at its meeting of April 26, 1971 and so advertised. The following hearings were held.
1. Mayor Carroll declared the hearing opened on the property located at 1219 W. Walker Road, owned by Mrs. Florence Watkins Jordan. Mr. Robert Barrett was present representing Mrs. Jordan and asked for a 90 day extension so Mrs. Jordan may demolish her present building, obtain the proper easements to her property off of Walker Road, and construct a new dwelling in compliance with the City of Dover Codes. Mayor Carroll declared the hearing closed. On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous roll call vote granted the 90 day extension as requested by Mrs. Jordan.
2. Mayor Carroll declared the hearing opened on the property located at 1397 W. Walker Road, owned by the George Long Estate. Mr. Roe stated that he found out today that this property has been sold to Mr. Townsend Tomlinson, and in contacting him was told that he would demolish the building as per the ordinance. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Holmes, Council directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 1397 W. Walker Road.
3. Mayor Carroll declared the hearing opened on the property located at 1347 W. Walker Road, owned by Mr. Harry Dixon. Mr. Dixon was present and stated that he is preparing to fix this property to comply with the Codes of the City of Dover. He has requested an extension of 90 days in order to complete this project. Mr. Roe stated that he felt that this building could be fixed up to comply with the City standards. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Walls, Council by unanimous roll call vote directed that an extension of 90 days be granted to Mr. Dixon, but that at the complete of this extension, if the building does not meet the standards of the Building Inspector, the Building Inspector will carry out the provisions of the Dangerous Building Ordinance on this property.
4. Mayor Carroll declared the hearing opened on the property located at 1170 W. Walker Road, owned by Emanuel & Ethel Barros. Mr. Roe stated that this building has been demolished and the property is being cleared. Mayor Carroll declared the hearing closed, no further action necessary.
5. Mayor Carroll declared the hearing opened on the property located on W. Walker Road, owned by Mr. Arthur Guinn. Mr. Roe stated that this building has been demolished and the property cleaned up. Mayor Carroll declared the hearing closed, no further action necessary.
6. Mayor Carroll declared the hearing opened on the property located at 711 Slaughter Street, owned by Leah Schockley Wilson. No one was present to speak on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Hayes, Council by a unanimous roll call vote directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 711 Slaughter Street.
7. Mayor Carroll declared the hearing opened on the property located at 549 Fulton Street, owned by the Hilton Vann Estate. No one else was present to speak on behalf of this property. Mayor Carroll declared the hearing closed. On motion of Mr. Legates, seconded by Mr. Biggs, Council by unanimous roll call vote directed the Building Inspector to carry out the provisions of the Dangerous Building Ordinance on the property located at 549 Fulton Street.
8. Mayor Carroll declared the hearing opened on the property located at 19 N. New Street, owned by the Helen Cohee and Grace Cohee Moore. Mrs. Cohee, owner, and Mr. Mosley, contractor, were present and presented to Council a plan for renovation of this building, which they feel will take at least 90 days to complete. Mr. Roe state that he felt that this building could be renovated and place into living condition in compliance with the standards of the City of Dover. Mayor Carroll declared the hearing closed. On motion of Mr. Hayes, seconded by Mr. Muir, Council by a unanimous roll call vote directed that a 90 day extension be granted to Mrs. Cohee and Mrs. Moore, but that at the end of the 90 days if renovation is not complete, the Building Inspector will carry out the provisions of the Dangerous Building Ordinance on this property.
DEMOLITION ORDINANCE
On motion of Mr. Coyle, seconded by Mr. Hayes, Council directed that an amendment to the Demolition Ordinance be drawn that would permit the Building Inspector at his discretion, to require a building to be exterminated prior to it being demolished, if he felt there would be a problem in this area.
ABANDONMENT OF HURLEY AVENUE
A request has been received from Mr. William Hurley to abandon the remaining portion of Hurley Avenue running south from Water Street adjacent to the property he owns there. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF HURLEY AVENUE IN THE CITY OF DOVER
1. Council of the City of Dover is considering the vacating and abandonment of a portion of Hurley Avenue being a part of an alley as shown on a plot of the lands of William H. Hurley as shown in Kent County Deed Record G, Volume 12, Page 501 and being a strip of land 30 feet wide extending in a southerly direction from the southerly right-of-way line of Water Street 96 feet in a southerly direction be the contents what they may.
2. The Council of the City of Dover will sit on Monday, May 24, 1971 at 8:05 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover Chapter 158, Volume 36, Laws of Delaware.
ADOPTED MAY 10, 1971
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on May 6, 1971 was presented by Chairman Holpp. On motion of Mr. Hayes, seconded by Mr. Coyle, Council accepted the report as presented.
FUEL OIL CONTRACT
Prices have been received on low residual fuel to be used upon the conversion of the burners at McKee Run and three bids were received. The low bidder was Gulf Oil Company with a total cost per million BTU’s of $0.817. The other two bids were received from Swann Oil Company and Continental Oil Company. The Gulf contract is for a three year period, but subject to renegotiation, or termination, at one year intervals, upon 90 days notice. The following is a breakdown of the bids received.
SWANN CONOCO GULF
Type of Product Crude Crude Residual
Price per barrel
- Refinery - - - - - - - - -
- Delivered $5.13 $4.30 $4.43
- (Price Date) (4/15/71) (4/28/71) (3/29/71)
Heat Content Btu/bbl. 6.10 x 106 5.50 x 106 6.28 x 106
(Corrected) (5.978 x 106) (5.39 x 106) - - -
Truck Transport Cost
- $/gal. - - - (0.0166) (0.0166)
- $/bbl. - - - 0.6972 0.6972
Total Cost $/106 Btu,
- Corrected $0.858 $0.928 $0.817
On motion of Mr. Biggs, seconded by Mr. Muir, Council by a unanimous roll call vote accepted the low bid of Gulf Oil Company and authorized the award of such a contract.
HELLER REFERENDUM WITHDRAW
On motion of Mr. Coyle, seconded by Mr. Holpp, Council by a unanimous roll call vote directed that the referendum set at the last Council meeting for the Heller property located at 1310 Forest Street be withdrawn. This motion and acceptance by Council thereby rescinds the resolution adopted at that time and being part of the minutes of the Council meeting of April 26, 1971.
REFERENDUM SOUTH OF HARTLY ROAD
The Utility Committee has recommended that a referendum be set for annexation on the area on the south side of the Hartly Road from Saulsbury Road to Mifflin Road. Their recommendation had been set in this area to be incorporated into three separate referendums as outlined in the following resolutions.
On motion of Mr. Walls, seconded by Mr. Hayes, Council by a roll call vote of 7 ‘yes’ and 1 ‘no’, Mr. Legates adopted the following resolutions.
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
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 deem it in the best interest of the City of Dover to include and area west, south and north of the present City limits and hereinafter more particularly described 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 and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover.
ALL Those pieces, parcels or lots of land lying and being on the southerly side of Forest Avenue, East Dover Hundred, Kent County and State of Delaware being more particularly described as follows, to wit:
BEING all of the lands of Henry Heller and comprising lots No. 38, 64 and 65 as shown on a plot of lots known as Country Club Estates and on record in the Office of the Recorder of deeds in and for Kent County, Delaware
2. That an election be held on the 19th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
ADOPTED MAY 10, 1971
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment of 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 deem it in the best interest of the City of Dover to include an area west of the present City limits and hereinafter more particularly described 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 and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover.
ALL those certain pieces, parcels or lots of land lying adjacent to the City of Dover and on the south side of the Hartly Road and being more particularly described as follows, to wit:
BEGINNING at the intersection of the southerly right-of-way line of the Hartly Road with the westerly right-of-way line of Saulsbury Road; thence in a southerly direction with the westerly right-of-way line of Saulsbury Road to the line of the lands of Walker Mifflin; thence with the said Mifflin line in a westerly direction to the westerly property line of Country Club Estates, as shown on a plot in the Office of the Recorder of Deeds in and for Kent County in Deed Book I, Volume 13, Page 408; thence with the said westerly line of the said Country Club Estates in a northerly direction to the southerly line of the Hartly Road; thence with the said southerly line of the Hartly Road in a easterly direction home to the place of beginning, be the contents what they may.
2. That an election be held on the 19th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
ADOPTED MAY 10, 1971
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN SAID AREA.
WHEREAS, a recent Amendment of 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 deem it in the best interest of the City of Dover to include an area west of the present City limits and hereinafter more particularly described 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 and State of Delaware and more particularly described and bounded herein be annexed to the City of Dover.
ALL those certain lots, pieces or tracts of land lying adjacent to the City of Dover and on the southerly side of the Hartly Road and being more particularly described as follows, to wit:
BEGINNING at the intersection of the southerly right-of-way line of the Hartly Road with the westerly right-of-way line of Saulsbury Road; thence in a southerly direction with the westerly right-of-way line of Saulsbury Road to the line of the lands of Walker Mifflin; thence in a westerly direction with the said Mifflin lands to the easterly right-of-way line of Mifflin Road; thence with the said easterly right-of-way line of Mifflin Road in a northerly direction tot eh southerly right-of-way line of the Hartly Road; thence with the said southerly right-of-way line of the Hartly Road in and easterly direction home to the place of beginning, be the contents what they may.
2. That an election be held on the 19th day of June A.D., 1971 commencing at the hour of 1:00 P.M. at City Hall, The Plaza, Dover, Delaware for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover, as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
ADOPTED MAY 10, 1971
COUNCIL ADJOURNED AT 10:50 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of May 10, 1971 are hereby approved.
May 11, 1971 Crawford J. Carroll Mayor