REGULAR MEETING
March 10, 1975
The Regular Meeting of City Council was held on March 10, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, and McDonough. Councilman Harris was absent.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the Regular Meeting of City Council held on February 24, 1975, were questioned by Councilman Perman pertaining to the wording of the paragraph concerning his questioning of Chief Spence on the Police Department’s methods and procedures for interrogation of rape victims.
On motion of Mr. Muir, seconded by Mr. Witt, Council accepted the minutes, which bore the written approval of Mayor Carroll, as submitted.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Chairman Cullen presented a written report of the Parks, Playgrounds and Trees Committee meeting held at 7:40 P.M. on March 3, 1975.
Conceptual Support - Kent County Parks and Recreation Commission - - A letter from Mr. John Crossley, Director of the Kent County Parks and Recreation Commission, requested that the City of Dover give conceptual support to a ballfield complex to be located on River Road Extended behind Bay Court Plaza. It is the recommendation of the Committee that the City of Dover give conceptual support for this project. On motion of Mr. Legates, seconded by Mr. Cullen, Council by a vote of seven (7) yes and one (1) absent, Mr. Harris, approved the recommendation of the Committee.
Dover Heritage Trail, Inc. - Official Tour Host and Hostess of Dover - - A request was received from the Dover Heritage Trail, Inc. to be recognized as the official host and hostess of Dover. It is the recommendation of the Committee that Dover Heritage Trail, Inc. be recognized as the Official Tour Host and Hostess of Dover. On motion of Mr. Cullen, seconded by Mr. McDonough, Council approved the recommendation of the Committee and directed that a resolution be drawn up outlining the duties of this appointment to be adopted at the next meeting. It was directed that the minutes of the Committee meeting be corrected to reflect the name of Mrs. Cornelia Taylor Jones instead of Mrs. Taylor.
Recreation Committee - - A proposal from the YMCA for the possible joining of their resources with the City’s recreational program was received. It is the recommendation of the Committee that a committee be formed to study the possible joining of the recreational programs of the YMCA, Kent County Parks and Recreation Commission, the Delaware Technical and Community College and The City of Dover. This committee is to consist of a representative from each organization and the members of the Parks, Playgrounds and Trees Committee. Mayor Carroll stated that such a committee need not be appointed since it is within the duties of the present committee to make such a study and to invite any organization that is involved to participate.
Concession Rights - Recreation Areas - - A request from the Blue Hen Glass Company for the rights to set up concessions in all the recreation areas of the City of Dover was considered. The question of whether or not these rights should be put out to bid, either singularly or as a group package, is to be studied and brought back to the Council for further action.
Dover Recreation Center - Vandalism - - Mr. Woods reported on the progress of the new recreation center and stated that the contractor is still having trouble with vandalism. Mr. McDonough questioned Mr. James as to whether or not the lighting of this area would alleviate the problem. It was felt that it might help considerably and Mr. James stated that the lighting for the recreation center would be expedited.
Wedding Reception - Dover Recreation Center - - Mr. Woods received a request from Mr. and Mrs. Scheible for the use of the recreation center for their daughter’s wedding reception. It is the recommendation of the Committee that Council deny this request since it is felt that this is not a proper use of this facility. On motion of Mr. Legates, seconded by Mr. Witt, Council approved the recommendation of the Committee and directed that Mr. Scheible be notified of the denial of his request.
Press Notification of Meetings - - Mr. Witt suggested that the press be notified and invited to the meetings of the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee. It was the direction of the Committee that the press be sent an agenda for all scheduled meetings.
Appointment of Committee Members by Mayor Carroll - - Mr. Witt requested that a meeting be set with Mayor Carroll for the appointment of the rest of the members of the Parks, Playgrounds and Trees Committee. Mayor Carroll stated that he would be happy to meet with the members anytime convenient to them.
On motion of Mr. Muir, seconded by Mr. Legates, Council accepted the report of the Parks, Playgrounds and Trees Committee as submitted.
SAFETY ADVISORY COMMITTEE
Chairman Cullen presented a written report of the Safety Advisory Committee meeting held at 7:30 P.M. on March 3, 1975.
Jessie Cooper Building - Parking Spaces - - A request was received from the Division of Maintenance and Communications to allow eight thirty minute parking spaces along William Penn Street, adjacent to the Jessie Cooper Building. It is the recommendation of the Committee that the yellow curb area on William Penn Street be utilized for this purpose. On motion of Mr. Wit, seconded by Mr. Cullen, Council approved the recommendation of the Committee and directed that an ordinance be prepared and presented to Council at the next meeting.
Dr. Blum - Request to Move Parking Sign - - Chief Spence received a request from Dr. Blum to move the “No Parking - Doctor’s Only” sign from its present location at 102 South State Street to 20 South State Street, his new office location. It is the recommendation of the Committee that Council adopt the proper ordinances to move this sign. On motion of Mr. Witt, seconded by Mr. Hardcastle, Council directed that ordinances be drawn up for the relocation of the parking sign to be submitted to Council for adoption at the next meeting.
Morris Estates - Parking Problem - - An inquiry pertaining to the parking problem in Morris Estates was discussed by the Committee. It is felt that an ordinance restricting parking to side only would help alleviate the problem. On motion of Mr. Witt, seconded by Mr. Muir, Council directed that an ordinance be drawn up for presentation to Council at the next meeting for their consideration.
On motion of Mr. Muir, seconded by Mr. Hardcastle, Council accepted the report of the Safety Advisory Committee as submitted.
LEGISLATIVE AND FINANCE COMMITTEE
Chairman Legates presented the written report of the Legislative and Finance Committee meeting held on March 7, 1975 at 7:00 P.M.
Bicentennial Committee Budget - - The budget of the Bicentennial Committee was presented by its chairman, G. Daniel Blagg. He outlined the projects and objectives of this committee and requested a grant of $18,850 from the City. It is the recommendation of the Committee that a grant of up to $18,850 be awarded to the Bicentennial Committee with the understanding that fifty per cent of this amount will be from the fiscal year 1975 and the remaining fifty per cent from the fiscal year 1976. This amount is to be paid in the following way and with the following stipulations: (1) 1/4 of this amount to be paid immediately, 1/4 paid on June 30, 1975 and the remaining amount to be paid within he fiscal year 1976; and (2) that the Bicentennial Committee give the Council monthly financial reports and report on the progress of all programs that are submitted.
On motion of Mr. Witt, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, approved the recommendation of the Legislative and Finance Committee and granted the allocation of up to $18,850 to the Bicentennial Committee with the above outlined stipulation.
Transportation and Liaison Committee - - It is the recommendation of the Legislative and Finance Committee that Mayor Carroll appoint the members of the Transportation and Liaison Committee to meet with the Kent County Levy Court. Mayor Carroll designated the Committee of Committees, with the City Manager included, as the members of these two committees, with the allowance that the various chairman can appoint a member of their committee to serve in their place. On motion of Mr. Muir, seconded by Mr. Legates, Council by a vote of four (4) yes, three (3) no, Messrs. Witt, Perman and McDonough and one (1) absent, Mr. Harris, approved the appointment of the members of the committee, as made by Mayor Carroll.
Annexation Referendum Ordinance - - Mr. James submitted an ordinance to amend the City of Dover Charter to comply with the recent Supreme Court ruling that the one man, one vote policy should be utilized. It is the recommendation of this Committee that Council adopt this ordinance and forward it to the General Assembly for passage and approval. On motion of Mr. Legates, seconded by Mr. McDonough, Council approved the recommendation of the Committee with a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, and adopted the following ordinance.
The City of Dover is hereby authorized and empowered to extend its boundaries as hereinafter provided.
In order to extend the boundaries of The City of Dover, the Council shall adopt a resolution proposing the inclusion of territory or territories within the limits of the City of Dover and calling for a special election to be held in said territory or territories in accordance with Title 22, Chapter 1, Section 101, Delaware Code for 1953. Said Resolution shall contain a description of the territory or territories proposed to be annexed and shall specify the date of such election, which shall be not less that thirty nor more than sixty days after the adoption of said resolution, and the place or places of said election. Said resolution shall be published in at least two issues of a newspaper of general circulation within the City of Dover at least two weeks prior to the day of said election.
Elections may be held in more than one of said territories on the same day, but the said elections shall be separate; only the votes of qualified voters of a territory as herein described shall be counted in the election to determine whether the territory shall be annexed.
Any such election shall beheld by the election officers of the election district or districts of Kent County which shall include the territory proposed to be annexed. Every person who is duly registered upon the books of registered voters for said election district, or districts, who is a resident of the territory proposed to be included within the limits of the City of Dover, and who does not own real estate whether said territory shall be entitled to one vote at the election to determine whether said territory shall be annexed, and every person of the age of eighteen years or upwards who is the owner of real estate within a territory proposed to be included assessed to him on the assessment records of Kent County, shall be entitled to one vote. Owners of real estate in common shall be entitled to one vote each. Owners of real estate by the entireties shall be entitled to one vote each. Life tenants shall be entitled to one vote each but the holders of the remainder interest or similar interest subject to the life estate shall not be entitled to vote.
The Council of the City of Dover shall provide the ballots for any such election and shall bear the cost of holding such election. The ballots shall briefly indicate the territory proposed to be included and shall provided two boxes on the ballot beside which shall appear the words “FOR inclusion within the City of Dover”, and “AGAINST inclusion within The City of Dover”. Each voter shall indicate his preference by making a mark in pencil within the box beside the words expressing his preference.
At any such election the polls shall be open from one o’clock P.M. to seven o’clock P.M. When the polls are closed the election officers shall publicly count the votes and forthwith certify to the Clerk of the Council the number of votes cast for and against inclusion within the City limits. At the next regular or special meeting of the Council, the Mayor and Council shall receive the results of the election and make the same a part of the minutes of said meeting.
If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the inclusion of that territory, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. Upon the adoption of a resolution of annexation a copy thereof certified by the Clerk of Council and a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County, and the area so annexed shall for all purposes thence forth be part of the City of Dover.
If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion of that territory within the limits of the City of Dover, the proposed annexation of said territory shall be declared to have failed. Nothing in this Act shall prohibit Council from resubmitting a proposal of annexation to the voters of said territory, or any portion thereof, under the authority of this Section and in accordance with the provisions thereof.
ADOPTED MARCH 10, 1975
Council Vacancy Ordinance - - An ordinance relating to the filling of a vacated council position was considered. It is the recommendation of the Committee that Council adopted this ordinance. Mr. Perman objected to the six month cut off period for an election to fill any vacancy. It was explained that this six month period can be over-ruled at the option of Council and an election held. On motion of Mr. Legates, seconded by Mr. Muir, Council by a roll call vote of six (6) yes, one (1) no, Mr. Perman and one (1) absent, Mr. Harris, adopted the following ordinance and directed that it be forwarded to the General Assembly for passage and approval.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That Section 13 of the Charter be and the same hereby is amended upon approval and passage by the General Assembly as follows:
Section 13. Filling Vacancies for Council.
The loss of residence in the City, the loss of residence in the State, the removal from the district where he resided at the time of his election, in the case of a Councilman, or the conviction of a crime or misdemeanor involving moral turpitude during the term for which he was elected, shall create a vacancy either of Mayor or Councilman. In the case of any such vacancy, or of any vacancy created by death, resignation or otherwise, the Council shall call a special election to fill such vacancy, said special election to be held in accordance with Section 8 and other provisions of the Charter. The election shall be to fill the vacant term only. However, if the vacancy occurs within six months of the normal expiration of the term then Council, at its option, may decide not to fill the vacancy under the provisions of this section.
ADOPTED MARCH 10, 1975
Community Block Grants - - It is the recommendation of the Legislative and Finance Committee that it wouldn’t be feasible for the City of Dover to apply for any community block grants this year. Mr. McDonough questioned the reason for this and Mr. Witt explained that a time shortage, extensive paper work and actual realization of very little benefits was the reason behind this decision. On motion of Mr. Legates, seconded by Mr. Witt, Council approved the recommendation of the Committee.
On motion of Mr. Witt, seconded by Mr. Muir, Council accepted the report of the Legislative and Finance Committee as submitted.
UTILITY COMMITTEE
The written report of the Utility Committee was presented by Mr. James in the absence of the chairman, Mr. Harris.
Annexation Request of George M. and Marjory Records - - A request by George M. and Marjory Records for annexation of their property located at 1140 South State Street was considered. It is the recommendation of the Committee that an annexation referendum be set for April 12, 1975 for the inclusion of the following property bounded on the north by the northerly line of Wyoming Avenue, on the east by the easterly line of South State Street, on the south in part by the northwesterly line of US RT 13 and in part by the southeasterly line of Kent County Road No. 3-A, on the west by the westerly line of South Governors Avenue. On motion of Mr. Witt, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, accepted 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 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, piece or parcel of land situated and lying in East Dover Hundred, Kent County, Delaware being contiguous to the City of Dover and bounded on the north by the northerly line of Wyoming Avenue; on the east by the easterly line of South State Street; on the south in part by the northwesterly line of US Route 13 and in part by the southeasterly line of Kent County Road No. 3-A; on the west by the westerly line of South Governors Avenue, and being more particularly described as follows, to wit:
BEGINNING at a point, being the intersection of the northerly right-of-way lone of Wyoming Avenue with the westerly right-of-way line of South Governors Avenue; thence, with the northerly line of Wyoming Avenue, easterly, to its intersection with the easterly right-of-way line of South State Street; thence, with the easterly line of South State Street, southerly, to its intersection with the northwesterly right-of-way line of US Route 13 at Cooper’s Corner; thence, with the northwesterly line of US Route 13, southwesterly, to its intersection with the southeasterly right-of-way line of Kent County Road #3-A, connecting US Route 13 with South Governors Avenue; thence, with the southeasterly line of Road #3-A, southwesterly, continuing across South Governors Avenue to the point of intersection of the extended southeasterly line of Road #3-A with the westerly right-of-way line of South Governors Avenue; thence, with the westerly line of South Governors Avenue, and by its various courses, northerly, to its intersection with the northerly line of aforesaid Wyoming Avenue, the point and place of beginning, and containing 35 acres of land, be the same more or less.
2. That an election be held on the 12th day of April, 1975 A.D. commencing at the hours of 1:00 P.M. in the 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 altered.
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 MARCH 10, 1975
On motion of Mr. Cullen, seconded by Mr. Legates, Council accepted the report of the Utility Committee as submitted.
PUBLIC HEARING - LISHON CONSTRUCTION COMPANY
A public hearing was duly advertised for this time and place to consider the rezoning of 110 Forrest Street, owned by Lishon Construction Company, Inc. Mayor Carroll declared the hearing open. No one was present to speak for or against the rezoning. No correspondence was received. The Planning Commission recommended approval of the rezoning. Mayor Carroll declared the hearing closed. On motion of Mr. Hardcastle, seconded by Mr. Witt, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, approved the rezoning and adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 1180 FORREST STREET, FROM RG-2 TO RG-3.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of the property described below from RG-2 to RG-3.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-2 to RG-3 on that property located at 1180 Forrest Street, owned by Lishon Construction Company, Inc.
ADOPTED MARCH 10, 1975
PUBLIC HEARING - GRIFFITH AND AUEN REZONING
A public hearing was duly advertised for this time and place to consider the rezoning of land bounded on the west by Delaware Railroad Company, on the east by West Street, on the north by lands of John D. & J. M. Ferguson, owned by Mabel B. Griffith, Eugene G. and Marlene G. Auen. Mayor Carroll declared the hearing open. Mr. William H. Vaughn, an attorney representing the owners of property, addressed Council requesting that the rezoning application be withdrawn. Mayor Carroll declared the hearing closed and granted this request.
TAX APPEALS COMMITTEE APPOINTMENTS
Mayor Carroll recommended that Messrs. Legates, Witt and McDonough be appointed to the Tax Appeals Committee with Mr. Legates serving as Chairman. The Tax Appeals hearing will be April 7 and 14, 1975, from 1-4 P.M., with Council ruling on April 14, 1975 at 8:00 P.M. On motion of Mr. Muir, seconded by Mr. Hardcastle, Council accepted the recommendation of Mayor Carroll and appointed Messrs. Legates, Witt and McDonough to the Tax Appeals Committee.
KENT COUNTY NOW - ARTICLE QUOTING CHIEF SPENCE ON SEXUAL PROMISCUITY IN DOVER
A letter received from Jean Bowen, President of Kent County NOW, and Dr. Emma Durazzo, Chairperson of Council for Women, asked that Council request the resignation of Chief Spence based on a statement concerning sexual promiscuity of college women, Air Force wives, sisters and daughters in Dover as it appeared in a Delaware magazine and the Delaware State News.
On motion of Mr. Muir, seconded by Mr. Legates, Council acknowledged receipt of the letter.
Mr. Perman reported numerous phone calls from irate women and from representatives of the Air Base voicing their displeasure on this matter and questioning what is being done about a retraction or an apology. Mayor Carroll informed Council that meetings had been held with the agency or magazine that originally printed the article and with the Air Base Commander. The Base Commander is satisfied with the way the matter has been handled. Groups or persons who wish to take exception to the article will be dealt with in a manner that hopefully satisfies everyone.
Mr. Perman stated that he felt it was important to hear a member of the press who was involved with the printing of the article and relinquished the floor to such a person if they were present at this time.
Mr. Joe Campbell, of the Delaware State News, stated that he had talked to Chief Spence and asked if the statement as it appeared in the article was true. Mr. Campbell was told by Chief Spence that he did not wish to discuss the matter.
Chief Spence was asked by Mr. McDonough if the article was completely out of context and was not the intent of his meaning. Chief Spence answered, “That if correct.”
BANK OF DELAWARE REQUEST TO USE TEMPORARY BANKING FACILITY
A letter from Glen E. Hitchens, representing the Bank of Delaware, requested permission to use a temporary banking facility at the K-Mart Shopping Center. Mr. Roe stated that the recommendation to Council was that this facility be permitted to be constructed on the parking lot, two parking tiers from the Ramada Inn. Also, that the permit would not be issued until a building permit for the permanent structure was issued and the duration of the temporary module would be approximately one year. On motion of Mr. McDonough, seconded by Mr. Hardcastle, Council by unanimous roll call vote, granted a permit for the temporary bank facility per the recommendation as stated by Mr. Roe.
MARCH OF DIMES REQUEST FOR USE OF CITY PARKING LOT
A letter received from Ray Westrod, State Treasurer of the March of Dimes, asked permission to use the City Parking lot as a base for the Annual March of Dimes Walk-a-Thon on April 13th with facilities for electric power.
Mr. James expressed his concern over the bands amplification on a Sunday afternoon and the close proximity of a church. Chief Spence commented that no problems with the march had been encountered in the past.
Mr. Perman moved that the March of Dimes Walk-A-Thon be permitted to use the City Parking Lot on April 13th, waiving the ordinance stipulating a $1,000 fee, with band music between 2:00 P.M. to 5:00 P.M., seconded by Mr. Hardcastle. On the call for discussion Mr. Witt inquired into the responsibility of any liability claim on the City property. Mr. James informed Council that a suit had been filed against the City by a lady who fell in the lot recently.
Mr. Perman amended the above motion to stipulate that the March of Dimes organization furnish at least $100,000 in liability insurance. Mr. Hardcastle accepted the amendment and Council granted permission for the use of the lot by a roll call vote of four (4) yes and three (3) no, Messrs. Legates, Muir and Witt and one (1) absent, Mr. Harris.
STATE TRAILER REQUEST - MOVE TO HIGHWAY MAINTENANCE YARD
A letter received from Mr. Thomas Murry, Jr., Director of the Division of Maintenance and Communications, requested Council’s approval in moving a trailer to the Highway Maintenance Yard located on South State Street between Governors Avenue and State Street. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council granted the above request.
ANNEXATION REQUEST - G. HOWARD KAHL - NORTH LITTLE CREEK ROAD
Mr. G. Howard Kahl and Mrs. Beulah C. Kahl submitted a written request to Mayor and Council for annexation by referendum of their property located on the north side of North Little Creek Road consisting of two acres, more or less, and described by property lines in their letter of February 18, 1975. On motion of Mr. Witt, seconded by Mr. Legates, Council referred the above request to the Utility Committee.
CUBBAGE PSYCHOLOGICAL AND CONSULTING SERVICES
A letter from the Cubbage Psychological and Consulting Services asked that the administrative staff be informed that their firm specializes in various consulting services relating to personnel administration for state and municipal governments. Council acknowledged receipt of the letter on a motion of Mr. Legates, seconded by Mr. Muir.
JOINT CITY-COUNTY COMMITTEE - KENT COUNTY LEVY COURT
A letter from William Paskey, Jr., President of the Kent County Levy Court, informed the Mayor and Council that Commissioners Thomas, McIlvaine and McKenna, along with Thomas Weyant as technical advisor, had been appointed by the Levy Court to serve on the Joint City-County Transportation and Liaison Committee. On motion of Mr. Witt, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter.
CANAAN LAND PROPOSAL TO MODERN MATURITY CENTER
The reading of the letter from Mrs. Janet Trout, Canaan Land, was deferred and directly referred to the Committee of Committees since it pertains to their proposal to the Modern Maturity Center on the acquisition of their facility. On a motion by Mr. Witt, seconded by Mr. Muir, the motion was carried.
REZONING REQUEST - LOUIS AND MARGARET EDGELL - SELF SERVICE GAS PUMPS
A request was received from Louis and Margaret Edgell to rezone their property located east of Delaware RR and south side of Walker Road, #780, and bounded on the east, west and south side by lands of Delmarva Warehouses, Inc. Prior to amending the zoning ordinance and zoning map a public hearing is required. On motion of Mr. Muir, seconded by Mr. Witt, 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 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 east of Delaware RR and south side of Walker Road, #780, and bounded on the east, west and south by lands of Delmarva Warehouses, Inc. is presently zoned for C-1A 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 April 14, 1975, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from C-1A to C-3 that property located east of Delaware RR and south side of Walker Road, #780 , and bounded on the east, west and south side by lands of Delmarva Warehouses, Inc., owned by Louis and Margaret Edgell.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED MARCH 10, 1975
ORDINANCE ABOLISHING POLL OR CAPITATION TAX
On motion of Mr. Witt, seconded by Mr. Hardcastle, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Harris, adopted the following ordinance abolishing poll and/or capitation taxes.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Charter provides for the levy and collection of a poll or capitation tax upon all residents of the City of Dover above the age of twenty-one years. The City Assessor is directed to compile a list of such persons to be kept current on an annual basis and each year such a poll or capitation tax is levied. See Section 47 of the Charter.
2. In the past the City Assessor has had great difficulty compiling such a list of residents, particularly those ones who are not the owners of real property since such list changes frequently with persons moving in and out of the City. The collection of such capitation tax has been extremely difficult in the past because of the transient nature of persons who do not own real estate within the City boundaries and in many cases such capitation taxes have gone uncollected and are uncollectible. The City had incurred large expenses in attempting to collect these taxes by mailing out notices of the same and by use of clerical work in preparing the capitation tax lists and in other clerical work.
3. The Mayor and Council of the City of Dover deem it to be in the best interest of the City of Dover to completely abolish the collection and levy of the poll or capitation tax since the net proceeds of said tax do not give any substantial net return to the City in excess of the expenses incurred in collecting the same.
4. The Mayor and Council of the City of Dover hereby abolish the poll or capitation tax and direct the City Assessor not to compile any poll or capitation tax lists in the future and not to levy or attempt to collect any poll or capitation taxes effective May 1, 1975.
ADOPTED MARCH 10, 1975
MR. JAMES - PERMISSION FOR SURPLUS MATERIALS SALE
Mr. James asked Council’s permission to hold a surplus materials sale which would include seven automobiles. The proceeds would revert to the General Fund. On motion of Mr. Witt, seconded by Mr. Muir, Council granted same.
PUBLIC HEARING DATE FOR ZONING CODE AMENDMENTS
Mr. Roe asked Council to set the date of April 14, 1975 for the purpose of holding a public hearing on the proposed amendments of the Zoning Code. Included was a request to run one legal ad in the Delaware State News and one in the News Journal in the form of a paid ad in lieu of the regular legal ad.
Mayor Carroll pointed out that this date has been set for tax appeals and suggested a special meeting relative to the zoning code be set for April 21, 1975.
On motion of Mr. Witt, seconded by Mr. Muir, Council set the public hearing for the amendments to the zoning code for April 21, 1975 at 7:30 P.M. and granted Mr. Roe’s request to run paid ads in the Delaware State News and the News Journal.
STATUS OF AREA BETWEEN BLUE HEN MALL AND SCHOOLVIEW
Mr. Perman questioned Mr. Roe concerning the status of the area between the Blue Hen Mall and Schoolview relative to mounds of dirt and general untidiness.
Mr. Roe replied that it is a problem that had existed for a long time because of the inability to cut the grass or weeds on the mounds of dirt. Removing the dirt threatens possible flooding of Schoolview from the mall parking lot runoff and the fact that there is no natural drainage in this area. With the help of Sen. Zimmerman the ditch running across the Tudor property has been finished. Mr. Robbins of the Blue Hen Mall has been put on thirty day notice to submit plans on improving the land between the mall and Schoolview. In addition, a topo is to be submitted by Mr. Robbins showing Blue Hen Mall’s drainage between Schoolview and their property which will drain at the southend of Schoolview and eventually into the ditch recently finished by the State. Hopefully, by summer the property will be drained and graded properly to allow mowers to operate.
Mr. Roe advised Council that he would take March 25, 26 and 27, as vacation days.
COUNCIL ADJOURNED AT 9:34 P.M.
WILLIAM H. WILLIS, CITY CLERK
All orders, ordinances and resolutions adopted by City Council at their meeting of March 10, 1975, are hereby approved.
CRAWFORD J. CARROLL, MAYOR
17 March 1975