REGULAR MEETING
November 10, 1975
The Regular Meeting of Council was held on November 10, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Witt, Harris and McDonough.
The invocation was given by the Reverend J. H. Williams.
MINUTES
The minutes of the Regular Council Meeting of October 27, 1975 were accepted and bore the written approval of Mayor Carroll.
UTILITY COMMITTEE
Water & Sewer - 1411 South Governors Avenue
The Utility Committee considered a request by Mrs. Betty DeGennaro to tap the City water and sewer lines at 1411 South Governors Avenue. Mrs. DeGennaro resides outside the limits of the City but is in the area which according to a court decision, must be furnished utilities if requested. The Committee recommended that the City Manager be authorized to process any application for sewer and water taps in that area covered by the Court’s decision.
On motion by Mr. Witt, seconded by Mr. Muir, Council approved the recommendation of the Committee.
Annexation Request - Nathan Cohen - Persimmon Tree Lane
The Committee considered a request from Mr. Nathan Cohen to annex 85,8544 acres of land on the north side of Persimmon Tree Lane. The Committee agreed that there would be definite advantages for annexing this area and recommends that a referendum date be set by Council.
On motion by Mr. Witt, seconded by Mr. Muir, Council by a vote of six (6) yes, Mr. Perman and Mr. Hardcastle absent, approved the recommendation of the Committee and 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 THE 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 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, State of Delaware and more particularly described and bounded herein be annexed to the City of Dover:
ALL that certain tract of land contiguous to the boundary of The City of Dover and lying north of Kent County Road 337, known as “Persimmon Tree Lane”, and east of, but not adjacent to, Kent County Road 88, known as Leipsic Road, and bounded as follows:
ON the south by the southerly line of Kent County Road 337, known as “Persimmon Tree Lane”; on the west by a parcel of land reserved by Thomas W. Murray, and lands now or late of James P. Aron and others; on the east by lands now or late of said James P. Aron, of Myrtle S. Markland, and a parcel now or late of Dover Indoor Tennis, Inc.; this whole tract contains all that tract of land noted as “Parcel B on a plot of lands of Thomas W. Murray, having a frontage on said :Persimmon Tree Lane” of about 1186', and containing 86 acres of land, more or less.
2. That an election be held on the 13th of December, A.D. 1975, commencing at the hours of 1:00 P.M. in the City Hall Annex, 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 day of this election.
ADOPTED NOVEMBER 10, 1975
Annexation Request - MultiVest - Robino-Ladd
A request for annexation was received from MultiVest Corporation, owners of Country Club Apartments, Robino-Ladd, owners of land west of and contiguous to the Country Club Apartments, and owners of land along Route #8, known as Country Heights.
The Committee recommends that a date for a referendum be set for this area and suggested that Rt. 104 and the Daniel O. Hastings Estate be included.
On motion of Mr. Legates, seconded by Mr. Witt, Council by a vote of six (6) yes, Mr. Perman and Mr. Hardcastle absent, approved the recommendation of the Committee and adopted the following ordinance.
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 THE SAID AREA.
WHEREAS, a recent Amendment to the Charter of the City of Dover authorized the Council to extend 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 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, State of Delaware and more particularly described and bounded herein be annexed to the City of Dover:
ALL those certain tracts of land, contiguous to the boundary of The City of Dover and lying west of Kent County Road 104, known as “Kenton Road”, and north of Delaware Route 8, known as “Hartly Road”, and bounded as follows:
ON the east by the easterly line of Kent County Road 104, known as “Kenton Road”; on the south by the northerly line of Delaware Route 8, known as “Hartly Road”; on the west by lands now or late of Jane Massey Draper; on the north by lands now or late of Leroy K, Smith, of Frank J. Gentile, Jr., of Kentminster Development Co., of Berman and Clouse, and of Esther Zurkow; this whole tract contains those several tracts known as: Lands now or late of Daniel O. Hastings; MultiVest Real Estate Fund, Ltd., tract, Robino-Ladd tract, and Dover Country Club tract, being the former Maple Dale Country Club; “Keith tract”, being all those lands and lots of “Country Club Heights” and Realty Exchange, Inc.; “Smith tract”, now of Robino-Ladd Co.; and all lands within the right-of-way of Kent County Road 104, 60' wide, known as “Kenton Road”, extending from the northerly line of Delaware Route 8, known as “Hartly Road”, northerly to its intersection with the extended northerly line of Walker Road, also known as South Fox Hall Road; and containing 147.17 acres of land, more or less.
2. That an election be held on the 13th of December, A.D. 1975, commencing at the hours of 1:00 P.M. in the City Hall Annex, 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 day of this election.
ADOPTED NOVEMBER 10, 1975
Referred Annexation Request
Mr. Harris explained that the annexation of other areas considered and recommended by the Committee, was contingent upon proper request by property owners. Since no written requests have been received to date, Mr. Harris moved that the annexation of lands south of Route 8 from Salisbury Road to Mifflin Road and lands west of Mifflin Road and south of Route 8 be deferred at this time. The motion was seconded by Mr. Legates and carried.
On motion by Mr. Witt, seconded by Mr. Cullen, Council the report of the Utility Committee was accepted as submitted.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Chairman Cullen reported a special meeting of the Parks, Playgrounds and Trees Committee on October 9, 1975 to review the Parks and Recreation Regulations for presentation to Council. It was the recommendation of the Committee that the regulations be forwarded to the City Solicitor and prepared in proper legal form for final acceptance by Council.
Mr. Harris questioned the intent of Section 21-3 which states, “The Parks, Playgrounds and Trees Committee may adopt and enforce the rules and regulations”, asking if Council could delegate such authority. The City Solicitor will take this into consideration in his review.
Mr. Witt moved that the rules and regulations be referred to the City Solicitor for review and prepared in legal form for consideration and adoption by Council. The motion was seconded by Mr. Cullen and carried.
REZONING REQUEST - LOTS 4 - 42, WINGED FOOT DRIVE - FOXHALL PLANTATION
A request was received to rezone lots 4 through 42 on Winged Foot Drive, Fox Hall Plantation, equitable owners being Dr. James McClements and James DiSabatino. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
On motion of Mr. Legates, seconded by Mr. Cullen, Council adopted the following resolution and referred the rezoning request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at Lots #4 - #42 on Winged Foot Road are presently zoned for R-10 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on December 8, 1975 at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-10 to RM-1 that property located at Lots #4 - #42 on Winged Foot Road, owned by Fox Hall Plantation, Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED NOVEMBER 11, 1975
ADVERTISEMENT - GRIDIRON CLUB
Council advertised a request from the Lower Delaware Gridiron Club to purchase an advertisement in their Annual Award Program Booklet. It was noted that a full page advertisement in the amount of $75.00 was purchased by the City last year.
On motion by Mr. Legates, seconded by Mr. Muir, Council voted to purchase a full page advertisement ($75.00) and authorized the City Manager to prepare same.
BANNERS - LOOCKERMNA STREET - CENTRAL DOVER BUSINESS ASSOCIATION
A letter from Michael Harrington, Promotion Chairman of the Central Dover Business Association, Inc., requested that Council permit banners to be hung at State and Loockerman and New and Loockerman on occasions such as Washington’s Birthday, Easter, etc. Considering the strain on light standards due to wind load, Mr. McDonough moved that the request be denied. The motion was seconded by Mr. Cullen and carried.
REQUEST TO COVER PARKING METERS - DOWNTOWN BUSINESS ASSOCIATION
In a letter to Mr. James, the Downtown Merchants requested permission to cover parking meters in the downtown area from November 28 to December 25, 1975 to help stimulate business during the Christmas season. After discussing this matter it was agreed that additional information was needed from the Merchants. On motion by Mr. Legates, seconded by Mr. Muir, Council referred the request to the City Manager for his review and report to Council at the November 24, 1975 meeting.
ROBBINS HOSE COMPANY - ELECTION OF OFFICERS 1976
A letter from Secretary Raymond Osika of the Robbins Hose Company listed the following nominees as officers for the year 1976.
Chief - Kline G. Kemp, Jr.
Deputy Chief - Edwin B. Baker, Jr.
First Ass’t Chief - Charles H. Boyer
Second Ass’t Chief - John L. LeCompte
Third Ass’t Chief - John Willson
Noting that a contest does exist for the office of Third Assistant Chief, Mayor Carroll appointed Councilman Witt, Councilman McDonough and City Clerk Willis as judges of the election to be held at the Robbins Hose Company on the corner of South Governors Avenue and Reed Street, November 17, 1975 between the hours of 7:00 P.M. A list of qualified voters was submitted and signed by President Harry T. Pusey and Secretary Raymond L. Osika.
EXECUTIVE SESSION
Mr. James requested that Council hold an Executive Session immediately following the Regular Meeting to discuss certain litigation concerning the City.
ORDINANCE - AMENDING ELECTRIC FUEL CLAUSE BASE RATE
Mr. James presented an ordinance that would reduce electric fuel adjustment clause multiplier by approximately 15%. Mr. James explained that the reduction is directly related to the increased efficiency of Unit #3 and is in keeping with what was promised to the consumers.
On motion by Mr. Legates, seconded by Mr. Muir, Council by a roll call vote of six (6) yes, Mr. Perman and Mr. Hardcastle absent, adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the fuel adjustment clause for the City of Dover electric system adopted July 1, 1974 is hereby amended to read as follows:
For each one-half cent ($.005) per million BTU increase or decrease in the weighted average cost of all fossil fuel consumed in the Company’s electric generating stations above or below a base cost of thirty-five cents ($.35) per million BTU, the energy charges included in the applicable rate will be increased or decreased sixty-three hundredths of a cent ($.0063) per kilowatt-hour.
The weighted average cost as stated above shall be the latest monthly cost available at the start of the monthly billing cycle. This amendment shall become effective commencing with the electric billings of December 1, 1975.
ADOPTED NOVEMBER 10, 1975
Mr. Harris stated that he hoped the residents of the City, the press and critics of the Electric Department would take due note that the City Manager has kept well informed of the operation of the Power Plant and facts and figures that were presented in the past have proven factual.
Mr. Hayes informed Council that he would be on vacation the last week of November and the first week in December if there were no objections.
Mr. McDonough welcomed Chief Spence back to active duty in behalf of Mayor and Council.
PROCLAMATION - BIBLE WEEK
WHEREAS, The Bible was the single most influential document in shaping the ideas and principles on which our nation was founded 200 years ago; and
WHEREAS, An understanding of the Biblical teachings on personal and social moral responsibility has been and continues to be essential for the well-being of our free, democratic society; and
WHEREAS, A recovery of these moral and spiritual values remains a high priority among the people of our land; and
WHEREAS, In the continuing interest of all sects, the Laymen’s National Bible Committee, Inc. is sponsoring the 35th annual commemoration of faith through the Scriptures,
NOW, THEREFORE, I, CRAWFORD J. CARROLL, Mayor of the City of Dover, by virtue of the authority vested in me, do hereby proclaim the period of November 23 - 30, 1975 as
BIBLE WEEK
in the City of Diver and urge all men, women and children of all faiths to observe the week by reading the Scriptures.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Dover to be affixed this 4th day of November
Crawford J. Carroll
Mayor
Mr. McDonough asked if any information has been received from other groups relating to a request by Mr. Helms to move the memorial in front of the Post Office to it’s original site on The Green.
Mr. McDonough stated that he would check with other interested groups for their opinions and report to the November 24th Council Meeting for definite action by Council on Mr. Helm’s request.
COUNCIL ADJOURNED AT 8:22 P.M.
An Executive Session to discuss litigation convened immediately following the Regular Meeting and adjourned at 9:05 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of November 10, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
November 17, 1975
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