REGULAR MEETING
April 9, 1973
The regular meeting of City Council was held on Monday, April 9, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
MINUTES
The minutes of the regular Council meeting of March 26, 1973 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of March was accepted.
Building Inspector & Fire Marshal report for month of March was accepted.
City Planner report for the month of March was accepted.
Alderman report for March accepted, fines amounting to $1,441 were remitted.
Cash Receipts, General Fund, for month of March were accepted.
Budget Report, General Fund, for month of February was accepted.
Cash Receipts, Electric Revenue Fund, for month of March were accepted.
Cash Receipts, Electric Improvement Fund, for month of March were accepted.
City Manager report for month of March was accepted.
CHURCH OF GOD - SEWER & WATER
A request has been received from the Edgehill Community Church of God located at Edgehill Avenue and Maple Parkway for an extension of time on the installation of sewer and water as prescribed by ordinance. The present ordinance requires that they hook up to the City sewer and water services within one year of notification, this time is about to expire. Due to the financial difficulties of the church, they are requesting an extension of the time required to hook up to these services. On motion of Mr. Hayes, seconded by Mr. Biggs, Council granted an extension not to exceed six (6) months on the requirement of the installation of sewer and water for the Edgehill Community Church of God.
PARKS, PLAYGROUNDS & TREES COMMITTEE
A written report of the Parks, Playgrounds & Trees Committee meeting held on Monday, April 2, 1973 was presented by Chairman Walls. On motion of Mr. Hayes, seconded by Mr. Holpp, Council accepted the report as presented.
ANNEXATION RESULTS
The results of the annexation referendum held on March 28, 1973 were presented as certified by the election officials. This was for the annexation of property located on the north side of College Road in the vicinity of the State College.
FOR ANNEXATION 226 votes
AGAINST ANNEXATION 164 votes
On motion of Mr. Walls, seconded by Mr. Muir, Council by unanimous vote accepted the results as presented and certified.
COLLEGE ROAD ANNEXATION
On motion of Mr. Harris, seconded by Mr. Holmes, Council by unanimous roll call vote adopted the following resolution.
A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE NORTH WITHIN THE LIMITS OF THE CITY OF DOVER.
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 deemed it in the best interest of the City of Dover to include the area adjacent to the City limits and being located north of College Road in the vicinity of State College more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 28th day of march, A.D., 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the vote cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same 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 situate in East Dover Hundred, Kent County, State of Delaware and more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL those certain lots, pieces or parcels of land lying on the northerly side of College Road and being more particularly described as follows, to wit:
BOUNDED on the south by the northerly right-of-way line of College Road and bounded on the west by the westerly property lines of Dr. Luna I. Mishoe and bounded on the north by the northerly property lines of Dr. Luna I. Mishoe and bounded on the east by the center line of Fork Branch, be the contents thereof what they may.
2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.
3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.
4. That the effective date of this resolution shall be the 10th day of April, 1973 at 12:01 A.M. O’Clock.
ADOPTED APRIL 9, 1973
TURNER REZONING REQUEST
A request has been received from George & Elizabeth Turner to rezone their property located at 15 Maple Lane. A public hearing is required prior to amending the Zoning Ordinance and Zoning Map. On motion of Mr. Legates, seconded by Mr. Muir, 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 ORDINANCE AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 15 Maple Lane is presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the Zoning Ordinance and Zoning Map.
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 Monday, May 14, 1973 at 8:00 PM on a proposed amendment to the Zoning Ordinance and Zoning Map of the City of Dover that would rezone from RG-1 to RG0 the property located at 15 Maple Lane, owned by George & Elizabeth Turner, equitable owner being William & Lydia Turner, and containing approximately 8,750 square feet.
2. That notice of this public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED APRIL 9, 1973
CAPITAL GRANGE TAX EXEMPTION
A letter was received from the Capital Grange stating that they had recently been granted tax exemption by the County and were inquiring as to their request of November, 1972 to the City of Dover. On motion of Mr. Walls, seconded by Mr. Muir, this letter was referred to the Legislative & Finance Committee for their study and recommendation.
WKEN ADVERTISER APPRECIATION DAY
A request was received from Radio Station WKEN to use the Silver Lake Recreation area on May 19, 1973 to hold an Advertisers Appreciation Day. They have outlined the general program for the day and also the requests they would make of the City in helping to make the affair a success. On motion of Mr. Holpp, seconded by Mr. Walls, Council granted permission to Radio Station WKEN to use the Silver Lake recreation area as requested upon the approval and coordination of City Manager and his staff.
MEMORIAL DAY SERVICES
A letter was received from Walter L. Fox Post #2, American Legion, stating that Memorial Day Services would be held on Monday, May 28, 1973 on the Plaza at 10:00 AM. On motion of Mr. Harris, seconded by Mr. Walls, Council granted permission to hold the services on the Plaza, and requested a floral wreath be ordered by the City and a representative of City Council will be present to present the wreath during the services.
MACLEOD LETTER
A letter was received from Mrs. Marjorie MacLeod expressing her opinion on the method and area of disbursement of the Revenue Sharing monies. On motion of Mr. Hayes, seconded by Mr. Holpp, Council acknowledged receipt of the letter.
HUMAN RESOURCES COALITION
A letter was received from the Kent County Human Resources Coalition submitting names for a committee to be formed that would direct to Council the needs of the Community for Human Resources. The three names submitted were Marvin Jones, Edward Minus and Jane Wright. On motion of Mr. Legates, seconded by Mr. Hayes, Council directed that the three abovementioned persons make an in-depth study of the human needs of the community as a whole and submit their findings in writing to the Council of the City of Dover.
LITTLE JOE’S FOOTBALL PARLOR
A letter was received from the merchants on S. Governors Avenue between North Street and Loockerman Street filing a complaint against Little Joe’s Football Parlor. They claim that the area at night is unsafe to walk into, and that the people patronizing this business leave the area littered with papers, bottles etc. every day. They were requesting that the business license of this business be revoked immediately. On motion of Mr. Walls, seconded by Mr. Hayes, Council referred this letter and request to the Chief of Police, City Manager and Building Inspector for their study and recommendation.
SHORTS TAXI - PARKING PROBLEM
A request was received from Short’s Taxi asking that four (4) parking spaces in front of their place of business on South Governors Avenue be reserved for their exclusive use. On motion of Mr. Legates, seconded by Mr. Hayes, Council referred this request to the Safety Advisory Committee for their study and recommendation.
STATE HIGHWAY REQUEST
The State Highway has requested the City enter into an agreement with them that permit the removal and relocation of all City owned utilities in the right-of-way for State Contract No. 72-02-003 in the Webbs Lane vicinity. The City Manager stated that they would be responsible for all cost in the relocation of these facilities. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized the City to enter into the abovementioned agreement with the State Highway Department.
TAX APPEAL HEARINGS
A public hearing was duly advertised for this time and place to consider the Tax Appeals for the year of 1973. Mayor Carroll declared the hearing opened. A report of the Tax Appeals Committee was read into the record at this time. No one was present to speak for or against the appeal of the following properties and upon motion of Council as stated below the following assessments were determined to remain as recommended by the Tax Appeals Committee:
1. On motion of Mr. Walls, seconded by Mr. Holmes, assessment of Douglas G. & Christine Walters, 913 Woodcrest Drive remain at $17,700.
2. On motion of Mr. Holpp, seconded by Mr. Biggs, assessment of Walter J. & Nellie W. Norbert, 544 Pennsylvania Avenue reduced from $25,300 to $23,900.
3. On motion of Mr. Muir, seconded by Mr. Walls, assessment of Sarah G. Hastings, property located west side U.S. #13, reduced from $46,400 to $23,200.
4. On motion of Mr. Holmes, seconded by Mr. Harris, assessment of Patricia Derrickson, Howard Johnson Restaurant, reduced from $110,200 to $103,600.
5. On motion of Mr. Walls, seconded by Mr. Muir, assessment of Vernon & Jean Derrickson, Texaco Station west side of U.S. #13, reduced from $56,600 to $54,900.
6. On motion of Mr. Muir, seconded by Mr. Biggs, assessment of John & Martha Ake, 88 Lynnhaven Drive remain at $21,900.
7. On motion of Mr. Muir, seconded by Mr. Holpp, assessment of Leonard A. & Elizabeth Covell, 1146 Woodsedge Road remain at $24,300.
8. On motion of Mr. Walls, seconded by Mr. Biggs, assessment of George V. & Gordon Massey and Anna M. Sutton, 55 King Street remain at $18,400.
9. On motion of Mr. Muir, seconded by Mr. Holmes, assessment of L. Francis & Gertrude Berry, 747 N. DuPont Highway remain at $140,500.
10. On motion of Mr. Holmes, seconded by Mr. Harris, assessment of John F. & Helen Dreher, 1177 Charles Drive remain at $16,800.
11. On motion of Mr. Holpp, seconded by Mr. Muir, assessment of Scott Paper Company, property located on Hazletville Road, be reduced from $730,200 to $610,200.
(Each of the above was approved by unanimous roll call vote.)
The Committee further recommended that the assessment of Jardel Company and Penn Mutual Life Insurance Company, both being holders of the Blue Hen Mall remain at $6,196,600 and $1,295,900. At this time Mr. Henry Horsey, representing both Jardel and Penn Mutual Life Insurance Company, addressed Council and stated that his clients wish to take an appeal of their assessments. After some discussion, Mr. Nicholas Rodriguez, City Solicitor, stated that he felt until such time as a representative of the Cleminshaw Company could be present to defend their appraisal of the properties in question, he would recommend that any action on this appeal be deferred. Mr. Horsey ans his clients were in agreement with this. On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous roll call vote deferred any action on this appeal and tabled the hearing until the next Council meeting or subsequent meeting when a representative of the Cleminshaw Company can be present. Mayor Carroll then declared the hearing closed, being no further requests for appeals. On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the report of the Tax Appeals Committee as presented.
TAX RATE FOR YEAR OF 1973
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous roll call vote set the tax rate for the year of 1973 at 80¢ per $100 assessed valuation.
At this time Council recessed for an Executive Session. (8:45 P.M.)
Council reconvened at 9:15 PM
FLUORIDATION-CHLORINATION BILL
The State Board of Health has directed the water companies in the State of Delaware, including municipalities, to fluoridate their water systems by January 1, 1973. The City of Dover has taken objection to this. The City of Dover has in the past held a referendum to allow the residents to determine their feelings in regard to the fluoridation-chlorination of the water system. They expressed a feeling of not wanting either. The State Legislature presently has two bills under consideration that would direct the State Board of Health to permit referendum such as held by the City of Dover to be the determining factor as to whether a water system is fluoridated and/or chlorinated. Mayor Carroll reported on a meeting that the and City Manager James attended with the Public Utility Commission this date, and on a meeting that will be held on Thursday, April 12, 1973 at 12:30 PM in the Legislature. Further reports will be conveyed to Council.
COUNCIL ADJOURNED AT 9:20 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council at its meeting of April 9, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
APRIL 10, 1973