REGULAR MEETING
December 14, 1970
The regular meeting of City Council was held on Monday, December 14, 1970 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holmes, Holpp, Legates and Walls.
The invocation was said by Father Charles McGinley of Holy Cross Church.
MINUTES
The minutes of the regular meeting of City Council held on November 23, 1970 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of November was accepted.
Building Inspector & Fire Marshal report for month of November was accepted.
Alderman report for month of November was accepted. Fines in the amount of $1,341 were remitted.
J. P. Court #7 report for the month of November was accepted. A check in the amount of $5,934.75 was remitted.
Cash Receipts, General Fund, for the month of November were accepted.
Budget Report, General Fund, for the month of October was accepted.
Cash Receipts, Electric Revenue Fund, for the month of November were accepted.
Cash Receipts, Electric Improvement Fund, for the month of November were accepted.
City Manager report for the month of November was accepted.
HEDGE - WALKER & SAULSBURY ROADS
Mr. Roe reported that the hedge at the northeast corner of Walker and Saulsbury Roads has been cut to comply with the height requirements as set down by the Dover Zoning Ordinance, as requested by Council. Mr. Roe further stated that an attempt is being made be the rental agent to gain permission from the owner to have the hedge removed as soon as possible.
CITY PLANNER APPOINTMENT
On motion of Mr. Holpp, seconded by Mr. Biggs, Council by unanimous roll call vote appointed Mr. Nicholas Brown to fill the vacancy of City Planner effective January 15, 1971. This is a confirmation of the appointment of the Planner, hired by the Committee designed by Council to fill this vacancy.
FIRE CHIEFS
On motion of Mr. Biggs, seconded by Mr. Hastings, Council by unanimous roll call vote elected the following Fire Chiefs for the year of 1971.
CHIEF Leroy Dear, Sr.
DEPUTY CHIEF William H. Rhodes
1st ASSISTANT CHIEF C. Donald Hodge
2nd ASSISTANT CHIEF John W. Raughley
3rd ASSISTANT CHIEF Donald M. Carey
BUILDING INSPECTOR & FIRE MARSHAL
On motion of Mr. Hayes, seconded by Mr. Coyle, Council by unanimous roll call vote appointed Mr. Jack. T. Roe as Building Inspector and Fire Marshal for the year of 1971.
TAX ASSESSOR
On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous roll call vote appointed Mr. Julius Weinstein as Tax Assessor for the year of 1971.
SAFETY ADVISORY COMMITTEE
A written report of the Safety Advisory Committee meeting held on December 7, 1970 was presented by Chairman Hastings. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
WSFS DRIVEWAYS
A question had been raised at the Safety Committee meeting concerning the width of the driveways entering and exiting the WSFS parking lot onto State Street and Kings Highway. Mr. Neylan stated that this is what was submitted to Planning Commission and approved by them in the Site Development Plan. Chief Spence has contacted Mr. Stephen Taylor, WSFS Manager, in an attempt to work out a suitable plan for the entering and exiting on the driveways of State Street and Kings Highway. Mr. Taylor will present to the WSFS Board of Directors a plan that will permit entering the WSFS lot from State Street with no exit onto State Street, and the widening of the driveway on Kings Highway that will permit two-way traffic. Chief Spence will remain in contact with Mr. Taylor.
CITY HALL PARKING LOT
A traffic control problem exists in the parking lot adjacent to City Hall and Mr. Nicholas Rodriguez City Solicitor, has stated that in his opinion, under the present laws and ordinances, the Police Department does not have jurisdiction in this area. The question then arose before Council as to the rightful owner of the lot, the City of Dover or the Dover Parking Authority. On motion of Mr. Hayes, seconded by Mr. Coyle, Council requested that the City Clerk research this matter and report back to Council.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on December 7, 1970 was presented by Chairman Hastings. On motion of Mr. Holmes, seconded by Mr. Walls, Council accepted the report as presented.
HUEBNER FARM - GOLF COURSE
The possibility of developing the Huebner Farm into a Municipal Golf Course was discussed at the last Parks Committee Meeting. The Committee has recommended that a feasibility study be made by a qualified golf course architect at a price not to exceed $3,000. On motion of Mr. Holpp, seconded by Mr. Holmes, Council approved the recommendation of the Parks Committee and directed that a feasibility study be made of the Huebner Farm for the possible construction of a municipal golf course, at a price not to exceed $3,000.
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees meeting held on November 24, 1970 was presented by Chairman Hayes. On motion of Mr. Coyle, seconded by Mr. Walls, Council accepted the report as presented.
WAREHOUSE - GARAGE
Preliminary plans for the construction of warehouse and garage facilities to be erected at Williams and Pear Streets were presented by Mr. Calvin Clendaniel to the Committee of Committees. The plans call for two structures; one approximately 40,000 square feet and the other approximately 32,500 square feet. Mr. Clendaniel recommends that the smaller structure be put out to bid, being it is very serviceable and fits in with the City budget for the construction of this facility. The Committee also makes the same recommendation to Council. On motion of Mr. Biggs, seconded by Mr. Coyle, Council by unanimous approved the drawing of the final plans and specifications for the Construction for bids on the erection of this facility.
DIXON REZONING
A request has been received from Mrs. Beulah Dixon to rezone property that she owns located on the north side of Fox Hall Road from R-20 to C-1A, RG-1 and RG-3. A public hearing is required prior to amending the zoning ordinance and Zoning map. 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 deferred action on this request until such time as a Planner is hired and overall plan for this general area can be studied. Mayor Carroll declared the hearing closed. On motion of Mr. Coyle, seconded by Mr. Biggs, Council by unanimous roll call vote deferred any action of this request pending a recommendation from the Planning Commission.
WESLEY COLLEGE
A letter was received from Wesley College acknowledging receipt of the contribution from the City of Dover to the athletic program of Wesley College, a contribution toward the expenses of sending the Wesley College football team to the Sterling Silver Bowl in Sterling, Kansas on Thanksgiving Day.
LOUIS J. AMABILI RESOLUTION
President Richard Nixon has recently appointed a National Commission on Fire Prevention and Control, and Mr. Louis J. Amabili, Director of the Delaware State Fire School was one of the eighteen members chosen by President Nixon to serve on this Commission. On motion of Mr. Legates, seconded by Mr. Coyle, Council adopted the following resolution so honoring Mr. Amabili.
A RESOLUTION EXTENDING CONGRATULATIONS TO LOUIS J. AMABILI
WHEREAS, President Nixon recently activated the National Commission on Fire Prevention and Control by naming eighteen members to the Board of Directory; and
WHEREAS, said members of the Board of Directors were named from all parts of the United States; and
WHEREAS, Louis J. Amabili, Director of the Delaware State Fire School, was named by President Nixon to serve as a member of said Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover recognize this great honor which has been bestowed upon Louis J. Amabili, the Director of the Delaware State Fire School, by being selected as one of eighteen members of the Board of Directors for the National Commission on Fire Prevention and Control.
2. The Mayor and Council extend congratulations to Louis J. Amabili and wish him success in his appointment.
ADOPTED DECEMBER 14, 1970
UTILITY COMMITTEE
A written report of the Utility Committee held on December 7, 1970 was presented by Chairman Holpp. On motion of Mr. Coyle, seconded by Mr. Legates, Council accepted the report as presented.
TARBURTON REQUEST
Mr. Leon Tarburton has requested the extension of City sewer and water to a tract of land he owns on White Oak Road. Mr. Tarburton appeared before the Utility Committee and was made aware of the policy of the City which does not extend the services of sewer and water beyond the City limits. Mr. Tarburton was not at this time requesting annexation of this area, but was asking that the City give him a letter stating that if the area is annexed in the future and it is found economically feasible that the City at that time would extend sewer and water services to this area. Such a letter is required before the FHA would consider site approval. On motion of Mr. Coyle, seconded by Mr. Legates, Council requested that the Utility Committee compose such a letter included within would be the policy of the City of Dover in so far as the extension of sewer and water services to unincorporated areas and the intent of the City serving this area should it be annexed to the City limits in the future. This letter would be returned to Council for their approval.
COUNCIL MEETING - DECEMBER 28, 1970
On motion of Mr. Walls, seconded by Mr. Hayes, Council by unanimous vote recommended that no Council meeting be held on December 28, 1970 in observance of the Christmas Holiday Season.
FOX HALL PLANTATION STREETS
The Fox Hall Plantation Company has presented to the City of Dover the deed for the streets in Fox Hall Plantation, Section 1. This area is now under development and the streets have been completed by the contractor. Mr. Neylan stated that these streets have been inspected and are acceptable by the City. On motion of Mr. Walls, seconded by Mr. Hayes, Council accepted the deed to the streets of Section 1 of Fix Hall Plantation.
STREET LIGHTS - NEW BURTON ROAD
Mr. Hayes asked City Manage Neylan if it would be possible to have street lights installed on the south end of New Burton Road in the vicinity of Webbs Lane. Mr. Neylan stated that the present street lights on New Burton Road end just south of the entrance to Crossgates, which is also the end of the City of Dover electric service lines. The service area south of Crossgates to Webbs Lane on New Burton Road is serviced by REA. Mr. Neylan stated that he has been in contact with REA requesting permission to install street lights in this area on their service poles. He has received no reply from them at this time, but will report to Council on this as soon as an answer is received.
AIR BASE ANNEXATION REFERENDUM
The election officials of Kent County who conducted the referendum held on December 5, 1970 on the question of annexation of the area south of the present City limits on both sides of U.S. Route 113 certified to Council the results of the election as follows:
EAST SIDE U.S. 113 WEST SIDE U.S. 113 BOTH SIDES U.S. 113
FOR ANNEXATION 1556 1823 3379
AGAINST ANNEXATION 1471 3003 4516
On motion of Mr. Hastings, seconded by Mr. Coyle, Council accepted the results of the referendum as certified by the election officials who conducted the referendum.
At this time a letter was read from Mr. Robert H. Tudor, a resident in the area approved by the voters for annexation to the City of Dover. This letter stated that Mr. Tudor appeared at the polls to vote on this referendum, but was only permitted to vote half of the assessment that appeared on the Kent County Assessment Records, and he was not permitted to vote his wife’s half although she was out of town and unable to vote. The Charter of the City of Dover stated that property owned in Joint-Tendency must be voted by both parties in an Annexation Referendum. This is the procedure that has been followed in this and every other annexation referendum election, held by the City of Dover.
AIR BASE ANNEXATION RESOLUTION
On motion of Mr. Hastings, seconded by Mr. Holpp, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS ON THE SOUTH ALONG U.S. ROUTE 113 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 voter 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 the area adjacent to the south of the City limits and being bounded by U.S. Route 113, Horsepond Road, Route 9 and the present City limits more particularly described within te limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 5th day of December A.D., 1970 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 of 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, 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 pieces parcels or tracts of land lying and being adjacent to the City of Dover, East Dover Hundred, Kent County, and State of Delaware and more particularly described as follows, to wit:
BEGINNING at the intersection of the southerly property line extended of what is now or formerly known as the Danner Farm and the westerly right of way line of Bay Road; thence in a southeasterly direction with the said westerly right of way line of Bay Road to its intersection with Route 9; thence crossing the said Bay Road to the easterly right of way line of Route 9; thence with the said easterly right of way line of said Route 9 in a northerly direction to the northerly right of way line of Kitts Hummock Road; thence with the said northerly right of way line of the Kitts Hummock Road in an easterly direction to the easterly property line of lands of the City of Dover now or formerly known as the Huebner Farm; thence with the various line of lands of the City of Dover in a northerly direction in part and a westerly direction in part to the easterly right of way line of Route 9; thence with the said easterly right of way line of Route 9 in a northeasterly direction to the easterly boundary of the lands of the Dover Air Force Base; thence with the various lines of the said Dover Air Force Base; thence with the various lines of the said Dover Air Force Base in a northerly direction in part and a westerly direction in part and a southerly direction in part to the easterly right of way line of Horsepond Road; thence with the said easterly right of way line of Horsepond Road in a northwesterly direction to the northerly right of way line of the South Little Creek Road; thence with the said northerly right of way line of the said South Little Creek Road in a westerly direction to the City limits of the City of Dover; thence with the said City limits of the City of Dover 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 15th day of December, 1970 at 12:01 A.M. O’Clock.
ADOPTED DECEMBER 14, 1970
COUNCIL ADJOURNED AT 9:25 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of December 14, 1970 are hereby approved.
DECEMBER 15, 1968 Crawford J. Carroll Mayor