REGULAR MEETING

February 8, 1971

The Annual Organizational Meeting of City Council was held on Monday, February 8, 1971 at 7:30 P.M. with Mayor Crawford J. Carroll presiding. Councilmen present were Messrs Biggs, Coyle, Hayes, Holmes, Holpp, Legates and Walls.

The invocation was said by Rev. Robert A. Whitlock of Wesley Methodist Church.

The Honorable J. Storey, Resident Associate Judge of the Superior Court administered the oath of office to the following recently elected Councilmen for two year terms.

                        FIRST DISTRICT                  Alfred S. Biggs

                        SECOND DISTRICT             Charles Legates

                        THIRD DISTRICT                Carleton Walls

                        FOURTH DISTRICT             Victor E. Holpp

STATE OF THE CITY ADDRESS

Mayor Carroll delivered his State of the City Message expressing his appreciation for the progress the City had made in the past year and at the same time outlining some major projects that he hopes will be accomplished in the coming year. He thanked the Council, the Planning Commission, Robbins Hose Company, Dover Parking Authority, Dover Housing Authority, the Staff of the City of Dover, and all the departments and its employees for past accomplishments and asked their continued efforts for the year to come.

Following a short recess, Council reconvened at 8:10 P.M.

ELECTION OF OFFICERS

On motion of Mr. Biggs, seconded by Mr. Holpp, Councilman William A. Hayes was reelected Vice-Mayor.

On motion of Mr. Holpp, seconded by Mr. Walls, Jay R. Dougherty was reelected City Clerk and Treasurer.

On motion of Mr. Coyle, seconded by Mr. Biggs, Jay R. Dougherty was elected City Alderman.

On motion of Mr. Holpp, seconded by Mr. Walls, Nicholas H. Rodriguez was reelected City Solicitor.

MINUTES

The minutes of the regular meeting of City Council held on Monday, January 25, 1971 were accepted and bore the written approval of Mayor Carroll.

COMMITTEE APPOINTMENTS

On motion of Mr. Holpp, seconded by Mr. Holmes, and by unanimous vote of Council, confirmation was given to the following Committee Appointments as recommended by Mayor Carroll.

SAFETY ADVISORY COMMITTEE: Councilman Walls, Chairman and Councilmen Coyle and Holmes

PARKS, PLAYGROUNDS & TREES COMMITTEE: Councilman Walls, Chairman, Councilmen Coyle and Holmes, Mr. James Hardcastle and Mr. Patrick Knight.

UTILITY COMMITTEE: Councilman Holpp, Chairman and Mayor Carroll, Councilmen Coyle and Holmes.

LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE: Councilman Hayes, Chairman and Councilmen Biggs and Legates

BUILDING, HOUSING & PLUMBING CODE COMMITTEE: Councilman Biggs Chairman and Councilmen Hayes and Legates.

      BUILDING CODE APPEALS COMMITTEE: City Manager, Councilmen Hayes and Legates

COMMITTEE OF COMMITTEES: Councilman Hayes, Chairman and Councilmen Holpp, Biggs and Walls

REPORTS

Chief of Police report for the month of January and annual report for 1970 were accepted.

Building Inspector & Fire Marshal report for the month of January and annual report for 1970 were accepted.

Alderman report for the month of January was accepted. Fines in the amount of $656.20 were remitted.

J. P. Court #7 report for the month of January was not received at this time.

Cash Receipts, General Fund, for the month of January was accepted.

Budget Report, General Fund, for the month of December was accepted.

Cash Receipts, Electric Revenue Fund, for the month of January was accepted.

Cash Receipts, Electric Improvement Fund, for the month of January was accepted.

City Manager Report for the month of January was accepted.

City Planner report for the month of January was accepted.

J.P. COURT #7

In absence of the two most recent reports from the J.P. Court #7, it was requested that contact be made with the J.P. Court #7 to determine the reason for the lateness in the reports and if this will be a continuing thing. Also at this time it was brought up that the J.P. Court #7 will be moving in the near future to a new location on N. Dupont Highway, just north of the Towne Point Motel. It is foreseen that this location will not be desirable, especially during the bust summer months with the congested traffic flow on U.S. Route 13 and the present construction being done in that area. On motion of Mr. Holmes, seconded by Mr. Holpp, Council directed that a letter be written to the J.P. Court #7 relaying the City’s displeasure with the relocation of the court, and further asked that the City Planner and Planning Commission survey the situation and make a recommendation for their consideration.

COMMITTEE OF COMMITTEES

A written report of the Committee of Committees meeting held on February 3, 1971 was presented by the Chairman, Mr. Hayes. On motion of Mr. Walls, seconded by Mr. Coyle, Council accepted the report as presented.

HURLEY PROPERTY

A purchase of the property owned by the Hurley Estate located at Governors and Bank Lane has been considered for the future widening of Bank Lane. The Committee of Committees has considered this purchase and has recommended that the Estate be offered a price of $15,000 for the purchase by the City of Dover. On motion of Mr. Walls, seconded by Mr. Coyle, Council approved the recommendation of the Committee.

MARSHAL PROPERTY

A further consideration for the purchase of a plot on Bank Lane between the Hurley property and new Street, owned by the H. Marshal Estate was considered by the Committee of Committees. The property owned by the estate measures approximately 150' x 240'. The City would require a portion of this lot, approximately 30' x 150' for the future widening of Bank Lane. The Committee recommends that the Estate be offered a price of $500 for the 30' x 150' portion. On motion of Mr. Legates, seconded by Mr. Biggs, Council approved recommendation of the Committee of Committees.

HINKLE BUILDING

An offer has been received by the City to sell the Hinkle Building located on the southeast corner of State and North Streets. The offer was made by Mr. Edward Wilson and Mr. George Records. The Committee of Committees recommended that this offer be rejected and that further contacts be made with contractors in the area to obtain prices for the demolition of the building and the construction of a common wall with the adjoining building. On motion of Mr. Holmes, seconded by Mr. Holpp, Council directed that the offer of Mr. Wilson and Mr. Records be rejected. On motion of Mr. Holmes, seconded by Mr. Coyle, Council directed that further contacts be made for the demolition of this building.

CITY HALL RENOVATION

Preliminary plans were submitted by Mr. R. Calvin Clendaniel, for the renovation of the building required by the City adjacent to City Hall, that would be used for the administrative offices of the City of Dover. The estimated cost of the renovation is $109,000. Plans of the exterior and interior layout were presented to Council for their review and discussion. On motion of Mr. Legates, seconded by Mr. Coyle, Council directed that R. Calvin Clendaniel be authorized to prepare final drawings and submit these plans for bidding, to be reviewed by Council.

FUTURE CITY HALL

After renovation of the above mentioned building at the estimated price, approximately $400,000 would be left of a bond issue authorized for the construction of a New City Hall. If suitable plans could be developed, a new City Hall could be constructed to the east of the present City Hall. It would be possible to construct a building that would be expanded as the need and money were available. On motion of Mr. Coyle, seconded by Mr. Holpp, Council directed that R. Calvin Clendaniel prepare a time and cost estimate on the construction of such a facility.

PAUL REZONING

A request has been received from the Paul Land Development Corp. to rezone land they own located on the west side of U.S. Route 13 between River Road and the St. Jones River. A public hearing is required prior to amending the zoning map and ordinance. 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 MAP AND DIRECTING THAT NOTICE OF SIAD HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.

WHEREAS, certain property located on the west side of U.S. Route 13 between River Road and the St. Jones River is presently zoned for C-4 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 March 8, 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 C-4 to RG-2 that property located on the west side of U.S. Route 13 between River Road and St. Jones River, measuring 60' x 200', to be used as an entrance to the presently zoned RG-2 land, owned by the Paul Land Development Corp.

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

ADOPTED FEBRUARY 8, 1971

BUCKSON-RICHARDSON REZONING

A request has been received from Mr. Edward Richardson and Mr. David Buckson to rezone land they own located on the northeast corner of the Hartley Road and the Kenton Road. A public hearing is required prior to amending the zoning map and ordinance. On motion of Mr. Legates, seconded by Mr. Coyle, 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 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 northeast corner of the Hartley and Kenton Roads is presently zoned for R-20, RG-2 and 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 at City Hall on March 8, 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, RG-2 and R-8 to C-4 that property located on the northeast corner of the Hartly and Kenton Roads, owned by Mr. Edward H. Richardson and Mr. David P. Buckson, and containing approximately 31 acres.

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

ADOPTED FEBRUARY 8, 1971

J. M. CLEMINSHAW COMPANY

Mr. James Cleminshaw and Mr. William Amundsen, representing the J.M. Cleminshaw Company, Real Estate Appraisers, were present and addressed Council concerning the delay in the execution of the contract signed last April between the City and Cleminshaw, whereby they would reappraise all of the real estate in the City of Dover. Work was to have started approximately August, 1970, but very little has been done to this date. They stated that they were having a little difficulty in obtaining the right personnel to do this job, but they assured Council that this problem has been corrected and that they expect to have men in the field by early next week, and further assured Council that the entire job can be completed by February, 1972, including the recently annexed areas. Mr. Rodriguez, City Solicitor, stated that there is no penalty clause contained in the contract, and that they material part of the contract is the completion date, thereby the City might have some difficulty in canceling this contract at this time. After much discussion, Council determined that they would go along with the Cleminshaw time schedule, for the present, relying on their judgement that this reassessment of the real estate in the City of Dover can be finished by February, 1972.

BIG BROTHERS OF DELAWARE, INC.

A letter was received from the Fraternal Order of Police, Kent County Lodge No. 3, stating that Mr. Linwood Miller, an associate member of the FOP is also the Kent County Director of Big Brothers of Delaware, Inc. and is available to local organizations for speaking engagements to further the cause of this very important project. On motion of Mr. Hayes, seconded by Mr. Legates Council referred this letter to the Parks, Playgrounds & Trees Committee for their consideration.

GOLDEN OPPORTUNITY CENTER

A letter was received from the Golden Opportunity Center, a sheltered workshop for the handicapped, stating that they offer training, employment and placement for the handicapped, in obtaining jobs. Mr. Neylan has been contacted previously by this organization, reference to hiring the handicapped. On motion of Mr. Walls, seconded by Mr. Coyle, Council directed that the City Manager answer this letter on behalf of the City of Dover.

EDITH ROWE TRAILER

Mrs. Edith Rowe, 1160 South DuPont Highway, has requested of Council permission to park a trailer on her property located at the above address on a temporary basis, until a lot is available that she recently purchased in Rehobeth Beach. The present policy of the City of Dover only permits trailers to be located in the City on request for the repair to property, this being governed under the jurisdiction of the City Manager. On motion of Mr. Walls, seconded by Mr. Hayes, Council directed that the policy of the City be upheld and that the City Manager so notify Mrs. Rowe.

WHATCOAT DEVELOPMENT CORPORATION

A letter was received from the Whatcoat Development Corporation concerning the $17,000 they gave the City of Dover for the purchase of a piece of property from Mr. Ralph Spence, such land to be used for the proposed construction of a street and installation of utilities to serve the development being planned by Whatcoat, Inc. Their feeling was that this price was too high for the amount of land that was being purchased, approximately ½ acre. The original request for extension of the utilities to this development was initiated by the Whatcoat Development Corp., at which time their representatives and the builder met with the City officials and agreed at that time that they would purchase the necessary land and requested that the City negotiate with Mr. Ralph Spence. In doing so, the City determined the Mr. Spence would be willing to sell this parcel for the above mentioned price of $17,000. This was then taken back to the representatives of Whatcoat and the builder, who all agreed at that time to assume this obligation, and in doing so agreed to give the City of Dover a note in the amount of $17,000 at the time the mortgage was settled. This settlement tool place on December 29, 1970 and such a note was delivered to the City prior to the application for a building permit, upon which was conditioned this obligation by Whatcoat Development Corporation. They at this time are requesting that the City of Dover give some consideration in renegotiating the price of the purchase of this parcel of land. The general feeling of Council at this time is that the purchase was negotiated in good faith of all the parties concerned, and the final agreement being accepted by the Whatcoat Development Corporation. On motion of Mr. Legates, seconded by Mr. Coyle, Council directed that the Whatcoat Development Corporation be advised of the feeling of Council as outlined above.

COUNCIL ADJOURNED AT 9:50 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by Council at its meeting of February 8, 1971 are hereby approved.

                                                                                                                                                            

FEBRUARY 9, 1971                                                                          Crawford J. Carroll Mayor