SPECIAL MEETING

July 20, 1970

A special meeting of City Council was held on Monday, July 20, 1970 at 11:00 A.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Coyle, Hastings, Holmes, Holpp, Legates and Walls.

LEON WEINER LAW SUIT

A law suit has been filed against the City of Dover by Leon Weiner Association because of the City’s failure to issue a building permit to Mr. Weiner for the Hastings Square Project. A preliminary hearing was held in the Court of Chancery on Thursday, July 16, 1970. Mr. Weiner is attempting to get a preliminary injunction restraining the City of Dover from withholding the issuance of the building permit. Upon the conclusion of this hearing, Chancellor Marvel requested of the City Solicitor an affidavit from the Mayor and Council on the withholding of the building permit on Hastings Square, as to why Mayor and Council took such action, and under what legal authority this action was taken. Mayor Carroll then read a statement on his recollection of the past happenings in this case and his feelings on the same. In this statement he referred to the letter of April 16, 1970 that he wrote to HUD requesting information of HUD on their selection of the site for Hastings Square, and why the Council felt that this site was not in keeping with the type of housing that was proposed in so far as the human safety and well being, particularly for those that would be living within this area. Council then discussed at length the law suit and further action that the Council might take in this matter. On motion of Mr. Hastings, seconded by Mr. Walls, Council by a vote of 7 ‘yes’ and no descending votes. Authorized the City Solicitor to prepare and affidavit to present to the Court of Chancery with the objections to the action taken by HUD, with the reasons and objections to the Planning Commission decision, and containing the statement read this date by Mayor Carroll, making particular reference to the letter written to HUD dated on April 16, 1970.

KENT COUNTY SEWER LINE - EASEMENTS

The Kent Levy Court has started construction of a force main for their Waste Treatment Facility. A portion of this force main runs through the City of Dover. They are at this time requesting easements for a portion of this line that runs from the vicinity of Silver Lake to the City of Dover Sewage Treatment Plant on the St. Jones River. These easements are for the streets and City owned land that they will need to cross in the construction of this form main. On motion of Mr. Legates, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and no descending votes, authorized the Mayor and City Clerk to sign such easements for the force main.

COUNCIL ADJOURNED AT 12:00 NOON

Jay R. Dougherty

City Clerk

All orders, ordinances and resolutions adopted by Council at its meeting of July 20, 1969 are hereby approved.

July 20, 1969                                                                                    Crawford J. Carroll              Mayor