REGULAR MEETING
September 28, 1970
The regular meeting of City Council was held on Monday, September 28, 1970 with Mayor Carroll presiding. The meeting commenced at 7:30 P.M. Members present were Messrs Biggs, Coyle, Hastings, Hayes, Holmes, Holpp, Legates and Walls.
The invocation was said by Rev. Ellis K. Horton, Calvary Church of the Nazarene.
MINUTES
The minutes of the regular meeting of City Council held on September 14, 1970 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
A written report of the Utility Committee meeting held on September 23, 1970 was presented by Chairman Holpp. On motion of Mr. Walls, seconded by Mr. Coyle, Council accepted the report as presented.
DEVELOPMENT PLAN - STORM DRAINAGE
The Utility Committee has discussed the need for development of a plan for surface and storm water drainage within the City Limits. The Utility Committee has recommended that the City Manager obtain cost of the development if such a plan. On motion of Mr. Hayes, seconded by Mr. Legates, Council approved the recommendation of the Utility Committee as outlined above.
MAPLE DALE COUNTRY CLUB WATER
A letter was referred to the Utility Committee from Maple Dale Country Club concerning the extension of the City water lines to serve this facility. They were attempting to ascertain from the City the cost of service to the club, and availability. The Committee has considered alternative ways of supplying water to this area. One would be the possibility of drilling a well on the Maple Dale property which would be tied into the City water system, and the second the installation of a 12" main along the Kenton Road and making a front foot charge at the rate of $6 per front foot with the usual terms of payment. Also considered was the possibility of obtaining a parcel of land from Maple Dale that would permit the City to erect a water storage facility, that would be of benefit to the overall water system that will eventually be needed in this area, upon the development of same. On motion of Mr. Hastings, seconded by Mr. Holpp, Council requested that the City Manager contact Maple Dale Country Club with these alternatives and obtain their feelings on the possible erection of a storage facility on their property, in addition to the installation of a water main on Kenton Road to serve their club. Mr. Neylan then stated that all indications are that there is not sufficient amounts of water in this area to drill a well that would supply the City’s water system.
LEIPSIC ROAD SEWER LINE
The Utility Committee has considered the request of S. E. Nichols and Pathmark for extension of City sewer in the area of their property to serve their needs. The Committee recommends that sanitary sewer be extended from the Dover Downs pumping station to serve properties north of the Leipsic Road and east of U.S. Route 13. It was further recommended that S. E. Nichols be required to make a construction advance in the amount of $11,000. On motion of Mr. Hastings, seconded by Mr. Coyle, Council accepted the recommendation of the Utility Committee as outlined above.
BUCKSON LETTER
A letter was received from Mr. David Buckson as a follow up to the letter addressed to Mr. Joseph Coyle, concerning the application for rezoning of the Reed Farm. His application for rezoning is presently on the table. City Solicitor Rodriguez stated that the suit entered by Mr. Buckson in the Superior Court on the original request for rezoning of this farm takes preference over any further rezoning request of this same parcel of land. Until such time as a decision is handed down on this suit, Council can take no further action. On motion of Mr. Coyle, seconded by Mr. Hastings, Council directed that the City Solicitor contact Mr. Buckson by letter, and inform Mr. Buckson that if he were to withdraw this suit, his present request for rezoing would be processed immediately in the normal manner.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on Thursday, September 24, 1970 was presented by Chairman Hayes. The Committee has recommended changes in the area of Council meetings and establishing the position of Assistant City Manager, and placing the Planning Director under the direction of Council. On motion of Mr. Hastings, seconded by Mr. Holpp, action on the recommendations of the Legislative & Finance Committee was deferred until the Council meeting of October 12, 1970. On motion of Mr. Legates, seconded by Mr. Holpp, Council accepted the report of the Legislative & Finance, Wages & Hours Committee as presented.
WEBBS LANE ANNEXATION RESULTS
The election officials who conducted the referendum election held on September 26, 1970 on the question of annexation of the area west of Governors Avenue and north of Webbs Lane certified to the Council the results of the election as follows:
FOR ANNEXATION 0 Votes
AGAINST ANNEXATION 12,079 Votes
On motion of Mr. Walls, seconded by Mr. Hayes, Council accepted the results of the referendum as certified by the election officials, thereby defeating the request for annexation.
MURPHEY SCHOOL
A letter was received from the Elizabeth W. Murphey School in response to the August 7, 1970 letter from Mr. Neylan containing the proposal of the City of Dover for the purchase of the land owned by the School adjoining the St. Jones River. This proposal was discussed at their recent Board Meeting and the Board decided not to pursue the matter further. On motion of Mr. Walls, seconded by Mr. Legates, Council acknowledged receipt of the letter from the Murphey School.
LOOCKERMAN STREET PA SYSTEM
The Central Dover Business Association has requested permission to install a Public Address System on Loockerman Street between New Street and State Street. It would consist of thirty-two (32) bi-directional speakers mounted on the existing light standards, and would be low level sound. The CDBA has set up rules and regulations governing the operation of this system. Mr. Karl Dorzback, president of the CDBA, was present and explained to Council its use and purpose in conjunction with the Downtown Shopping Area. On motion of Mr. Legates, seconded by Mr. Biggs, Council approved the request of the CDBA for the Loockerman Street P.A. System.
UNITED NATIONS PROCLAMATION
The following proclamation was issued by Mayor Crawford J. Carroll in observance of United Nations Day, October 24, 1970.
UNITED NATIONS DAY PROCLAMATION
WHEREAS, the United Nations was formed 25 years ago to promote and unite the people throughout the world; and
WHEREAS, the United Nations has dealt with 71 cases of threats to the peace since 1945; and
WHEREAS, the United Nations assisted over 800,000 refugees in Africa alone last year; and
WHEREAS, the United Nations has helped more than 700 million people in more than 50 countries to independence since 1945; and
WHEREAS, the principles of the United Nations Declaration of Human Rights have been included in the new constitution of 43 countries; and
WHEREAS, almost 90% of United Nations expenditures go to economic and social development. UNICEF alone has protected 20% of the world’s children from tuberculosis; and
WHEREAS, almost 18% of the United Nations professional staff are American citizens – 366, the largest single number from any one member state.
NOW, THEREFORE, I, Crawford J. Carroll, Mayor of the City of Dover, do hereby proclaim October 24, 1970 as United Nations Day and name Fred A. Kelly as the City of Dover Chairman. I urge every citizen to pay tribute to the 25 years the United Nations has helped people throughout the world toward peace and justice.
Crawford J. Carroll Mayor
SEPTEMBER 28, 1970
LIBRARY PARKING ORDINANCE
A request has been received from the Dover Public Library Commission for three (3) limits parking spaces of fifteen minutes each in front of the library on State Street. On motion of Mr. Hayes, seconded by Mr. Legates, Council by a unanimous roll call vote adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That three (3) parking spaces shall be established in front of the Dover Public Library on the east side of State Street to be designated for the use of the library patrons only, said parking spaces to have a maximum time per vehicle of fifteen (15) minutes each.
2. That this Ordinance shall be in force upon the erection of appropriate signs.
3. That said parking restrictions shall be in effect only during the hours when the library is open.
ADOPTED SEPTEMBER 28, 1970
FOX HALL DRIVE ANNEXATION
A request had been received from a resident, Mr. Nate Cohen, of Fox Hall Drive, for the City to consider the annexation of this development into the City of Dover. This request had been received September 14, 1970 and referred to the Utility Committee. The Committee recommends a referendum be set to consider the annexation of the Fox Hall Drive Development, Dover Country Club and all lands not now within the City between the Hartly and Hazlettville Roads and the western line of Mifflin Road. On motion of Mr. Walls, seconded by Mr. Coyle the recommendation was accepted.
FOX HALL DRIVE ANNEXATION RESOLUTION
On motion of Mr. Coyle, seconded by Mr. Holpp, 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 west 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 being adjacent to the City of Dover and more particularly bounded and described herein be annexed to the City of Dover:
ALL those certain pieces, parts or tracts of land lying in East Dover Hundred, Kent County and State of Delaware and being adjacent to the City of Dover and more particularly described as follows to wit:
BEGINNING AT the intersection of the northerly right of way line of Hartly Road with the easterly right of way line of Saulsbury Road; thence with the said easterly right of way line of Saulsbury Road in a southerly direction to the lands now or formerly of Walker Mifflin; thence in a westerly direction with the said Mifflin lands to the easterly right of way line of Mifflin Road; thence in a southerly direction with the southerly direction with the easterly right of way line of Mifflin Road in part and with the present boundary of the City of Dover in part and including and intending to include all lots on the easterly side of Mifflin Road not presently within the City boundary, to the northerly boundary of the Hazlettville Road; thence in a westerly direction with the northerly right of way line of Hazlettville Road to the westerly right of way line of Mifflin Road; thence in a northerly direction with the westerly right of way line of Mifflin Road to the northerly right of way line of Hartly Road; thence in a westerly direction with the northerly right of way line of Hartly Road to the westerly property line of lands of the Dover Country Club and/or Frank A. Robino; thence in a northerly direction with the lands of the said Dover Country Club and/or Frank A. Robino to the lands of the Fox Hall Drive Development; thence in a northerly direction in part and in an easterly direction in part with lands of the Fox Hall Drive Development to the easterly right of way line of Kenton Road; thence in a southerly direction with the easterly right of way line of the Kenton Road to the northerly right of way line of the Hartly Road; thence in an easterly direction with the northerly right of way line of the Hartly Road home to the place of beginning be the contents what they may.
2. That an election be held on the 31st day of October 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 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 SEPTEMBER 28, 1970
D P & L RATE INCREASE
The City of Dover has been notified that on September 18, 1970 the Delmarva Power & Light Company has filed with the Federal Power Commission for a rate increase to all wholesale power users effective December 1, 1970. The City was under the impression that their present contract that expires on June 30, 1972 would be binding, but were informed by D P & L that this wholesale rate increase would also effect Dover, as per a letter received by City Manager Neylan. On motion of Mr. Hastings, seconded by Mr. Holmes, Council directed that the City take exception to any rate increase by D P & L upon the City of Dover-D P & L contract, through the office of the City Solicitor, Mr. Rodriguez, to be assisted by the firm of Jennings, Strauss & Salmon.
COUNCIL ADJOURNED AT 8:45 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by City Council at its meeting of September 28, 1970 are hereby approved.
SEPTEMBER 30, 1970 Crawford J. Carroll Mayor