Special City Council Meeting
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Dec 17, 1968 at 12:00 AM

SPECIAL MEETING

December 17, 1968

A special meeting of City Council was held on Tuesday, December 17, 1968 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Walls.

MINUTES

The minutes of the regular meeting of Council held on December 9, 1968 were accepted and bore the written approval of Mayor Carroll.

TLC INDUSTRIES

A letter was received from ILC Industries requesting to purchase from the City of Dover a parcel of land owned by the City, which is now being utilized as part of the City of Dover warehouse yard. This parcel has a front footage of 60' on Pear Street and extends back from Pear Street approximately 380'. ILC has offered the City $4100 for this parcel, based on a price of $7500 an acre, which they feel is consistent with the assessed values of the other properties in the immediate area. Also, ILC would like to have an option on the remaining property owned by the City that constitutes the remainder of the warehouse facilities. This option would be exercisable within two years. The offered price on this option would also be based on the $7500 per acre. Afer being questioned, City Solicitor Rodriguez stated that the City may sell property on the open market without putting it up for bid, but the procedure in the past has been to sell or dispose of all land and property by advertising same and selling it be sealed bid. Mr. Lawrence Ornston, representative of ILC Industries was present and spoke of the urgent need of their acquiring this land for their future expansion. Government contracts are available to ILC, but more space is required to meet the work requirements set forth by the government. On motion of Mr. Harris, seconded by Mr. Jackson, Council was asked to advertise to the public, the sale of the 60' x 380' parcel of land adjacent to Pear Street and the Railroad, as described in the ILC Industries letter date December 13, 1968. This sale would be on a sealed bid basis. This motion was defeated by Council with 6 ‘no’ votes and 2 ‘yes’ votes, Mr. Jackson and Mr. Harris. Mayor Carroll stated that he would like to form a committee of Council to handle this matter and the matter of future expansion of all City facilities. Mayor Carroll would like to see this committee consist of the four chairman of the standing committees of Council. On motion of Mr. Hughes, seconded by Mr. Walls, Council confirmed the Mayor’s request of appointing the above Committee to consist of Councilmen Hastings, Hayes, Holpp, Hughes and Mayor Carroll. Mr. Hughes, then made another motion seconded by Mr. Biggs, to refer the request of ILC Industries to such committee for their report back to Council at its first meeting in January, 1969.

KENT COUNTY SEWER LINE

Members of the newly-elected Levy Court and the County Engineer were present and presented to Council a Summary of Planning and implementation of Sewerage Program for Kent County. Mr. Walter Fritz, County Engineer, stated that the Levy Court had been in contact with FWPCA and EDA on Federal Grants that might be available for the construction of such a project as a County-Wide Sewer Line. These contacts had been made through Mr. John Bryson, Delaware Water and Air Resources. The Levy Court had been told that filing of an application for these funds must be done by the last week in December, but no later than the first week of January. They would like to have a commitment from the City of Dover on its participation in the sewer line, prior to making application. Mayor Carroll then stated that he thought the City’s main concern was how the system was to be built and operated, not necessarily the financing. Max Terry, Jr., attorney for the Levy Court stated their main concern was the filing of the above mentioned application, since they feel that financing in the main problem. The County proposal has set up two alternatives of operating the system, the first being an Administrative Board and the second an Advisory Board. They feel the Administrative Board is more practical, since it would take less Legislation to have it enacted. The City’s main objection appears to be that the Levy Court’s veto power of the Administrative Board is too board and limits the powers of the board. It was then requested that the County Engineer, Levy Court Attorney, Bonding Attorney for the County, City Solicitor and City Manager arrange a meeting to work out the details of the legislation that would set up the controls of the Administrative Board. Mr. Fritz and Mr. Terry stated they would contact the Bonding Attorney and set up such a meeting. On motion of Mr. Hughes, seconded by Mr. Hayes, Council by unanimous vote referred this proposal to the Utility Committee for their study and recommendation, along with the enabling legislation that would set the powers of the Administrative Board of a County-wide Sewer System.

SCHAEFFER REQUEST FOR ANNEXATION

Dr. Peter K. Schaeffer has presented a request to Council for their consideration in the annexation of a piece of property he owns that lies on the east side of South Governors Avenue. Mr. Schaeffer was informed that consideration would be given to his request if the area bounded by State Street, Wyoming Avenue, South Governors Avenue and Puncheon Run was polled in an election. The policy of the City of Dover is not to included just an isolated piece of property for the propose of annexation, that is not contiguous to the limits of the City of Dover. On motion of Mr. Holpp, seconded by Mr. Hastings, Council by unanimous 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 located east of South Governors Avenue, South of Wyoming Avenue and west of South State Street and adjacent to 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, Delaware more particularly bounded and described herein be annexed to the City of Dover:

      a.   All those lots, pieces or parcels of land lying and being adjacent to the boundaries of the City of Dover and lying in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:

      b.   BEGINNING at the point of intersection of the westerly right of way line of South Governors Avenue and the northerly right of way line of Wyoming Avenue; thence in an easterly direction with the northerly right of way line of Wyoming avenue to the easterly right of way line of South State Street; thence in a southerly direction with the easterly right of way line of South State Street to the northerly right of way line of U.S. Route 13, known as the Dover By Pass; thence in a southwesterly direction with the northerly right of way line of the center of Puncheon Run to the westerly right of way line of South Governors Avenue; thence with the westerly right of way line of South Governors Avenue in a northerly direction home to the place of beginning, be the contents what they may.

2. That an election be held on the 25th day of January A.D., 1969 commencing at the hour of 1:00 P.M. at City Hall on the Plaza in the City of Dover, Delaware, for the purpose of submitting the question of annexation of the above area to the 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 December 17, 1968

Council adjourned at 10:30 P.M.

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by City Council at its meeting of December 17, 1968 are hereby approved.

                                                                                                                                                            

December 18, 1968                                                                             Crawford J. Carroll Mayor