REGULAR MEETING
October 26, 1970
The regular meeting of City Council was held on Monday, October 26, 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 G. Wayne Cuff, District Supt., Peninsula Conference of Churches.
At this time Mayor Carroll asked that Council go into an Executive Session prior to the conducting of the evening’s business. A motion was made and seconded and by vote of 3 ‘yes’ and 5 ‘no’, it was defeated, at which time the City Solicitor stated that he had some information to pass along to Council that he felt had to be done in an Executive Session. A recount on the motion of Mr. Holpp, seconded by Mr. Holmes was taken, and by a vote of 5 ‘yes’, Messrs Coyle, Hastings, Hayes, Holmes and Holpp, and 3 ‘no’, Messrs Biggs, Legates and Walls, the Council adjourned to Executive Session at 7:35 P.M.
Council reconvened at 8:30 P.M.
MINUTES
The minutes of the regular meeting of City Council held on October 12, 1970 were accepted and bore the written approval of Mayor Carroll. Councilman Hayes voting ‘NO’.
The minutes of the special meeting of City Council held on October 20, 1970 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on October 22, 1970 was presented by Chairman Holpp. On motion of Mr. Hastings, seconded by Mr. Biggs, Council accepted the report as presented.
PALMER HOME WATER TAP
The Palmer Home has recently installed a 6" water tap for a sprinkler system installed at the home. They have requested relief in the amount of the bill, being a non-profit organization. The Utility Committee recommends that credit be given for any portion of the bill which does not represent any actual additional cost to the City, such as City labor and equipment used. On motion of Mr. Hastings, seconded by Mr. Walls, Council approved the recommendation of the Utility Committee.
SEWER ORDINANCE
The Utility Committee has recommended the adoption of a section to the present Sewer Ordinance which would regulate certain discharges into the City sewer system. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
“27.6. Prohibited discharges into City sewer system.
It shall be unlawful for any person or group of persons to throw, place, deposit, or attempt to throw, place or deposit, or cause to be thrown, placed or deposited, any article, object or substance in any of the sewers or into any of the inlets into the sewers of the City of Dover, or into any of the streets, lanes, alleys, or gutters of the streets in the City of Dover from which such article, object, or substance would be likely to enter into or run into the sewers of the City of Dover, which object, or substance would injure in any manner said sewer system or sewage disposal place into which sewers empty.
Wherever the term ‘Plant’ or ‘System’ is used the same shall be taken to include in addition to any other meaning herein indicated, any machinery or parts thereof, conduits, reservoirs, gauges, and buildings or building and the attachments thereto wherein any such machinery or parts thereof, conduits, reservoirs, or gauges are kept or stored.
It shall be unlawful to pour, drain or tun into the sewers of the City of Dover by any method whatever any tar or tar product, or petroleum, or petroleum product, or any inflammable substance or material.
It shall be unlawful to pour or to drain into or permit the drainage into any of the sewers or sewer system of the City of Dover any substance or chemical which would damage the machinery or equipment or hinder the proper functioning of the sewer system or of the disposal plant, owned and operated by the City of Dover.
It shall be unlawful to deposit, throw, or cause to be deposited or thrown into any receptacle connected with a public or private sewer of the City of Dover, any garbage, ashes, cinders, rags, offal from any stable, slaughter house, stock house, cannery, canning factory or any other building or establishment of any kind whatever or to discharge or permit to be discharged into any private or public sewer within the City of Dover, anything that will injure such sewer or will obstruct the use and operation thereof.
ADOPTED OCTOBER 26, 1970
COUNTRY CLUB APARTMENTS - ANNEXATION
Representatives of the City of Dover and the Country Club Apartments have met and discussed the proposed annexation referendum in that area. The apartment people have stated that they would be willing to become a part of the City if the City would agree by letter of intent to purchase at cost their utility installations for water and sewage treatment, and also the golf course surrounding the apartments. City Manager Neylan stated that in checking with the company that drilled the wells on the site, their cost has been approximately $42,000, which does not include work that was done by the apartment people with their own labor. He further stated that the lines and wells are capable of serving the apartment project and might be applicable to connection with the City system. The system installed for sewage treatment is capable of serving the apartments plus some added capacity for the surrounding area. The Utility Committee believes the water and sewer systems would have value to the City. On motion of Mr. Walls, seconded by Mr. Holpp, Council directed that the firm of Albright & Friel be contacted and that a field engineering study be made as to the value of the systems and the possible usage by the City of Dover, and whether it would economically feasible to purchase them. No recommendation was made on the purchase of the golf course.
BOILER BIDS - #3 GENERATING UNIT McKEE RUN
Mr. Robert Lyons, of the firm of Laramore, Douglass & Popham, was present and presented the evaluation of bids received on September 30, 1970 for the Boiler for 3# Generator to be constructed at McKee Run. Mr. Lyons read a letter from his firm evaluating all three bids received with the exceptions and additions to each bid. The low bid of Riley Stoker was recommended by Laramore, Douglass & Popham. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by a unanimous roll call vote, accepted the low bid of Riley Stoker Corporation, with two alternates, which result in a final contract price of $5,043,854.
JACK G. BUTTNER RESOLUTION
On motion of Mr. Legates, seconded by Mr. Coyle, Council by unanimous vote adopted the following resolution.
A RESOLUTION EXPRESSING REGRET OF THE MAYOR AND COUNCIL OF THE CITY OF DOVER AT THE DEATH OF JACK G. BUTTNER
WHEREAS, Jack G. Buttner has served the City of Dover faithfully and competently as Superintendent of the Electric Department since May, 1963; and
WHEREAS, Jack G. Buttner departed this life on October 12, 1970.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
The Mayor and Council of The City of Dover have experienced great personal grief and regret at the death of Jack G. Buttner; and
The Mayor and Council of The City of Dover express their great sorrow at the death of Jack G. Buttner 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 of Dover for the faithful and competent services rendered by the Late Jack G. Buttner.
ADOPTED OCTOBER 26, 1970
H. MERRILL LYNCH REZONING
A request to rezone a parcel of land located on the South Little Creek Road owned by H. Merrill Lynch has been received by Council. A public hearing is required prior to amending the Zoning Map and Zoning Ordinance of the City of Dover. On motion of Mr. Coyle, seconded by Mr. Walls, 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 at 889 South Little Creek Road, immediately east of the Country Village Apartments, 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 at City Hall on November 23, 1970 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 R-20 to RG-2 that property located at 889 South Little Creek Road, immediately east of the Country Village Apartments, owned by H. Merrill Lynch and containing approximately 10 acres.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED OCTOBER 26, 1970
RIGBY PETITION
A petition drawn up by Mrs. Chrystyna M. Rigby, a resident of South Monroe Terrace, requesting the removal of the “No Parking” signs in that area, was received by Council. This petition was drawn by Mrs. Rigby on June 3, 1969, but due to an error on her part was no mailed to the City until the 22nd of October, 1970, for which she apologized. On motion of Mr. Legates, seconded by Mr. Holpp, Council requested that this petition be returned and Mrs. Rigby be advised that if she wishes to request the removal of the signs, that she update her request and petition and resubmit it to the Council.
PRE-MEETING CAUCUS
Mr. Coyle stated at this time that since his motion to eliminate the pre-meeting caucus of October 12, 1970 was vetoed by Mayor Carroll. He would like at this time to restate his motion for consideration of Council. Councilman Hastings stated that he would like to see the caucus remain in effect but make it an open caucus, of which Mayor Carroll was in agreement. After much discussion and comments by Council, Mr. Coyle made a motion seconded by Mr. Legates, and Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hastings, approve the motion to eliminate the pre-meeting caucus. City Solicitor Rodriguez stated at this time that he felt in was in the power of the Mayor, invested in him by the Charter of the City of Dover, to call an executive session, if it so be necessary.
VOTER REGISTRATION AD
In view of the upcoming election and the necessity of voter registration for City elections, the registration time being each and every working day during the months of November and December. Councilman Legates made a motion seconded by Mr. Hastings, directing that the City place an ad in the Delaware State News announcing the times and requirements of registration, similar to the recent ad that was run for the City of Dover Recreation Program.
COUNCIL CHAMBER SOUND SYSTEM
A report was given on the progress of obtaining a sound system to be installed in the Council Chambers. Councilman Holpp stated that he felt that in lieu of the fact the Council Chambers might be moved upon the renovation of City Hall and the sound system might not be applicable for any new location, he would like to see this matter tabled at this time. On motion of Mr. Holpp, seconded by Mr. Hastings, Council tabled the installation of a sound system in the present Council Chambers.
ANNEXATION REQUEST - AIR BASE
A request had been referred to the Utility Committee for their study and recommendation on a request for annexation of some land adjacent to the City on Horsepond Road and Lafferty Lane. After studying this request, the Committee has recommended an annexation referendum be set to cover the areas outlined in the following resolution.
ANNEXATION RESOLUTION - AIR BASE AREA
On motion of Mr. Legates, seconded by Mr. Hastings, Council by a unanimous roll call vote adopted the following resolution.
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 an area south of the present 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 bounded and described herein be annexed to the City of Dover:
ALL those certain lots, pieces or tracts of land lying and being situate adjacent to the limits of the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
PARCEL NO. 1
BEGINNING at the intersection of the southerly property line of what is now or formerly known as the Danner Farm and the westerly right of way line of Bay Road; thence with the said southerly property line of the Danner Farm and being at present the City Limits of the City of Dover in westerly direction to the mean high water mark of the St. Jones River; thence in a general southeast direction with the said mean high water mark of the St. Jones River to the southerly property line of the lands of the Dover Air Force Base, thence with the said southerly property lines of the Dover Air Force Base in a general northwesterly direction to the westerly right of way line of Bay Road; thence with the said westerly right of way line of Bay Road in a northwesterly direction home to the place of beginning, be the contents what they may.
PARCEL NO. 2
BEGINNING at the intersection of the southerly property line of what is now or formerly known as the Danner Farm and the easterly right of way line of the Bay Road; thence in a southeasterly direction with the said easterly right of way line of Bay Road to the Kitts Hummock Road; thence with the easterly right of way line of Kitts Hummock Road to the easterly property line of the land of the City of Dover now or formerly known as the Huebner Farm; thence with the various line of the 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 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 South Little Creek Road; thence with the said northerly right of way line of the South Little Creek Road in a westerly direction to the City Limits of the City of Dover; thence with the City limits of the City of Dover home to the place of beginning, be the contents what they may.
PARCEL NO. 3
BEGINNING at the intersection of the southerly property line of what is now or formerly known as the Danner Farm and the westerly right of way line of Bay Road; thence with the said southerly property line of the Danner Farm and being at present the City limits of the City of Dover in a westerly direction to the mean high water mark of the St. Jones River; thence in a general southeast direction with the said mean high water mark of the St. Jones River to the southerly property line of the land of the Dover Air Force Base; thence with the said southerly property lines of the Dover Air Force Base in a general northeasterly direction to the westerly right of way line of Bay Road; thence with the said westerly right of way line of Bay Road in a southeasterly direction to the Kitts Hummock Road; thence with the westerly right of way line of the Kitts Hummock Road to the easterly property line of lands of the City of Dover now or formerly known as the Huebner Farm; thence with the various lines of the 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 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 in a northwest 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 South Little Creek Road in a westerly direction to the City limits of the City of Dover; thence with the City limits, of the City of Dover, home to the place of beginning, be the contents what they may.
2. That an election be held on the 5th day of December A.D., 1970 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 areas 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 OCTOBER 26, 1970
COUNCIL ADJOURNED AT 9:50 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances resolutions adopted by Council at its meeting of October 26, 1970 are hereby approved.
OCTOBER 28, 1970 Crawford J. Carroll Mayor