REGULAR MEETING
November 13, 1967
The regular meeting of City Council was held Monday, November 13, 1967 at 7:30 P.M. with Vice-Mayor Hayes presiding, in the absence of Mayor Carroll. Council present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
The invocation was said by the Rev. J. H. Williams of the Union Baptist Church.
MINUTES
The minutes of the meeting of October 23, 1967 were approved by Council and bore the written approval of Mayor Carroll.
REPORTS
The report of the Chief of Police for the month of October was approved.
The report of the Building Inspector and Fire Marshal for October was approved.
The report of the Acting Alderman for the month of October was approved. Fines in the amount of $322.20 were remitted to the City.
The report of the J.P. Court #7 for the month of October was approved. A check in the amount of $2,278.00 was remitted to the City.
Report of the Cash Receipts, General Fund, for the month of October was approved.
Budget Report, General Fund, for the month of September was approved.
Cash Receipts, Electric Revenue Fund, for the month of October was approved.
Cash Receipts, Electric Improvement Fund, for the month of October was approved.
City Manager Report for the month of October was approved.
AUDIT REPORT
Mr. William Manter, of Manter & Richardson, the auditing firm, was present and gave a brief report on the annual audit. On motion of Mr. Holpp, seconded by Mr. Hayes, Council accepted the audits of the General Fund and the Electric Revenue Fund as submitted by the firm of Manter & Richardson.
ROBBINS HOSE FIRE CHIEFS
A letter was received from the Robbins Hose Company listing the nomination for the Fire Line Officers for the year of 1968. There is no contest for any position thereby requiring no election to be held by the Council. Confirmation of these Fire Chiefs will be made as the first meeting of December.
NIMITZ ROAD TO WILLIS ROAD
A recommendation has been received from the Planning Commission to change the name of Nimitz Road from White Oak Road to North Little Creek Road to the name of Willis Road. Nimitz Road in the area of the requested change does not line up to the present Nimitz Road in the White Oak and Towne Point developments, this being one of the reasons for a requested change. On motion of Mr. Holpp, seconded by Mr. Smith, Council tabled any decision on this matter until such time as the Councilmen can take a look at this area and be better appraised of the change that is requested.
QUICK CAR WASH ALLEY
A public hearing was duly advertised for this date and time for the purpose of vacating and abandoning an alley adjacent to and at the rear of the Quick Car Wash of U.S. Route 13. Mayor Carroll declared the hearing opened. No one was present to speak for or against this action at this time. The question then arose as to who was the actual owner and whether the City had the right to abandon this alley. On motion of Mr. Holpp, seconded by Holpp, action on this matter was tabled until the City Solicitor would be present later in the meeting. Later in the meeting Mr. Smith made a motion that was approved by Council to bring this matter off the table. Mr. Biter, of Biter & Cullen, Inc., the owners of the car wash was present at this time and stated that he was under the impression that the alley was deeded to the City in 1960 by the then owner, Mr. Pleasanton. City Solicitor Buckson then stated that any action taken by the City would be contingent on the certification of ownership of the land involved. If the City is the rightful owner, then it may dispose of this land as provided by the Charter of the City of Dover. Mayor Carroll the declared the hearing closed. On motion of Mr. Hughes, Council tabled the decision on this action until the City Solicitor can ascertain ownership and a deed to this alley.
GINO’S PARKING AREA REZONING
A request had been received from the A-G Foods, Inc., owners of Gino’s Restaurant on U.S. Route 13, to rezone a lot on Edgemont Street from R-7 to C-4 for the purpose of making a paved parking area for the employees of Gino’s. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Smith, seconded by Mr. Biggs, 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 AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on the east side of Edgemont Street, directly being Gino’s Restaurant is presently zoned R-7 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 at City Hall at 8:00 P.M. on December 11, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-7 to C-4 that land located on the east side of Edgemont Street behind Gino’s Restaurant.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 13, 1967
SCHOOLVIEW REZONING
A request for rezoning has been resubmitted to change the zoning on two lots of land located within the City of Dover at the entrance to the Schoolview Development. These lots are presently zoned C-1 and it has been requested that they be changed in zoning to RG-1.
A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Smith, seconded by Mr. Hastings, Council adopted the following resolution and preferred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at the entrance to the Schoolview Development are presently zoned for C-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 at City Hall at 8:10 P.M. on December 11, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from C-1 to RG-1 use the two lots located at the entrance tot eh Schoolview Development.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 13, 1967
ANNEXATION REFERENDUM RESULTS
The election officials who conducted the referendum election on October 28, 1967 on the question of annexing to the City of Dover certain lands located adjacent to the City of Dover and lying east and west of U.S. Route 13, certified to Council the results of the election as follows:
EAST WEST COMBINATION
FOR ANNEXATION to the City of Dover 6287 211 2764
AGAINST ANNEXATION to the City of Dover 553 4647 4911
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote accepted the report of the election officials.
ANNEXATION RESOLUTION
City Manager Neylan related to the Council at this time the problems that might arise in the event the above area voting favorably by the residents was annexed to the City. The main concern int eh area would be supplying sewer facilities to the area of Dover Downs, that might be needed by the proposed opening date set at March 1, 1968. Supplying this area with water does not seem to be much of a problem, except maybe in the financial area. Mr. Neylan spoke of the possibility of installing a portable treatment plant on a temporary basis in the area until a decision is made on the expansion of the present sewage facilities in the City of Dover can be decided upon through the study now being made by Albright & Friel, Inc. Councilman Harris then stated that he would be voting against annexation and wanted it known as to why. He felt the city should come up with a plan as to what area or areas they would like to include in the City Limits at this time or any time in the future, so a study could be made to determine the need for the type and amount of facilities concerning utilities that would be required of the City in the future. Annexation should be more on the time table of the City of Dover rather than on the time table of the developers that have or will request annexation into the City of Dover.
On motion of Mr. Smith, seconded by Mr. Biggs, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, adopted the following resolution.
RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY LIMITS NORTH OF THE TOWNE POINTE DEVELOPMENT AND EAST OF U.S. ROUTE 13 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 and north of the City Limits and east of U.S. Route 13 as hereinafter 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 October A.D., 1967 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 votes 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:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware as more particularly bounded and described herein shall be annexed to and included within the limits of the City of Dover:
ALL those certain farms, tracts or lots of land lying and being situate adjacent to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows to wit:
BEGINNING at a point in the easterly right of way line of U.S. Route 13 being a corner for the northerly boundary of the City of Dover; thence with said boundary and with lands now or formerly known as the Gruwell Farm in an easterly direction to lands of James G. Smith and Frank Pullella; thence in a northwesterly direction with the said lands of James G. Smith and Frank Pullella to the southerly right of way line of Persimmon Tree Lane; thence with the southerly right of way line of Persimmon Tree Lane in a westerly direction to the westerly right of way line of the Leipsic Road; thence with the said westerly right of way line of the Leipsic Road in a northerly direction to Muddy Branch, being corners for lands now or formerly of Thomas Murray; thence with Muddy Branch in a westerly direction in part to lands now or formerly known as the Mastern Farms; thence with the various courses and distances of the said Masten Farms and including all of these lands to the easterly right of way line of U.S. Route 13; thence with the said easterly right of way line of U.S. Route 13 in a southerly direction home to the place of beginning be the contents what they may.
2. That a certified copy of this 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 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 14th day of November, 1967 at 12:01 A.M. o’clock.
Adopted November 13, 1967
On motion of Mr. Hughes, seconded by Mr. Hastings, Council by unanimous vote conferred that all utilities and services for this newly annexed area will be offered or done on the time table of the City of Dover and not on that of the developer or residents of this area, whichever the case may be.
ST. JONES PLANT
Mr. Holpp, Chairman of the Utility Committee, presented a proposal to Council in reference to the disposal of the equipment at the St. Jones Plant. O’Brien Machinery Company of Philadelphia, Penna. has contacted the City and will act as the agent in disposing of this material if they so desire. They will dispose of this equipment for a set price or on a commission basis whichever the City so desires. They would guarantee the City $35,000 or they would retain 15% commission fee also. They have also stated that they might be interested in purchasing the equipment outright but could not state any price at this time. On motion of Mr. Harris, seconded by Mr. Holpp, Council authorized the City Manager to enter into an agreement with O’Brien Machinery Company for the disposal of the equipment at the St. Jones Plant on the Commission basis with a guarantee of $35,000. O’Brien Machinery Company would be the sole agent for a period of one (1) year from the date of the agreement.
ATOMIC ENERGY COMMISSION
City Manager Neylan requested permission of Council to retain Spencer W. Reeder, Esq. to file a petition to intervene in the issuance of a permit by the AEC for non-commercial purpose for the Generating Units at the Peachbottom Site on the Susquehanna River in Pennsylvania. If a non-commercial permit were issued to the builders of this generating facility it would be for a 40 year period, which would enable no one to enter into this facility during this period. The intervention proposed by Mr. Reeder is not binding the City of Dover to participation should they be successful, but would enable them to be in a position of being able to consider participation should the facts and figures warrant purchase of power from this concern, providing it is strictly a commercial and not a non-commercial venture. This petition is to be filed by November 16, 1967. Councilman Hughes stated at this time that he was opposed to the City entering into such an agreement with the odds so greatly against any favorable results for the City of Dover. Mr. Neylan stated that Mr. Reeder would be retained for a two month period at a cost of approximately $5000. On motion of Mr. Holpp, seconded by Mr. Smith, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hughes, adopted the following resolution.
RESOLUTION PERTAINING TO PETITION FILED WITH ATOMIC ENERGY COMMISSION
THAT, Spencer W. Reeder, Esq. and Jack R. Harris, Esq. be and they are hereby authorized to file a Petition to Intervene with the Atomic Energy Commission on behalf of the City of Dover in the matter of Philadelphia Electric Company Docket Numbers 50-277 and 50-278, Peachbottom Units 2 & 3, on or before November 16, 1967; to participate in the prehearing conference on November 21, 1967; to participate in the hearing now scheduled for December 7, 1967; and the City Manager is authorized to employ Messrs Reeder and Harris as Special Counsel for the purpose aforesaid.
Adopted November 13, 1967
ANNEXATION WEST OF RAILROAD
A request has been presented to the Council to consider the annexation of an area west of the Pennsylvania Railroad and adjacent to the City Limits. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Harris, 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 adjacent to the City Limits and west of the Pennsylvania Railroad as hereinafter more particularly described within the limits of the City of Dover
NOW THEREFORE BE IT RESOLVED:
1. That the following described areas situated in East Dover Hundred, Kent County, Delaware, as more particularly bounded and described herein be annexed to the City of Dover:
ALL those certain pieces, parcels or tracts of land lying and being contiguous to the present westerly limits of the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:
BOUNDED on the east by the easterly right of way line of the Pennsylvania Railroad, on the south by the southerly right of way line of Fulton Street, on the west by the easterly right of way line of Saulsbury Road, on the north by the northerly right of way line of Walker Road, be the contents what they may.
2. That an election be held on the 16th Day of December A.D., 1967 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 an 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 tow issues of a newspaper published in the City of Dover at least two weeks prior to the date of said election.
Adopted November 13, 1967
BUILDING CODE REVISION
Councilman Hughes, chairman of the Building Committee, presented to Council an Ordinance that would adopt the National Building Code as the Building Code of the City of Dover. On motion of Mr. Hastings, seconded by Mr. Holpp, Council approved the suggestion of Mr. Hughes to table the adoption of the above ordinance until next meeting, so that any interested party or parties that might take exception to any or all parts of this ordinance may do so at the next Council meeting prior to the adoption by the Council.
PENNSYLVANIA AVENUE PARKING
A letter was received from Mrs. Catherine Waite, caretaker of the Silver Lake Cemetery, who resides on the corner of State Street and Pennsylvania Avenue. She stated that the City recently placed a ban on parking on the North side of Pennsylvania Avenue, which has posed a problem to her since she would like to be able to park next to her house. She asked if the City could charge the ‘No Parking’ to the south side of Pennsylvania Avenue. On motion of Mr. Hayes, Council referred this request to the Safety Advisory Committee.
HURLEY REQUEST
Mr. William Hurley has requested that the City make DuPont Street from New Street to Queen Street a one way street, with parking permitted on one side only. This request was also referred to the Safety Advisory Committee for their recommendation.
CROSSGATES DITCH
A letter was received from the residents of Crossgates thanking Council for fixing the drainage ditch at the entrance to Crossgates. They now would like to request that the City reinforce to sides of the ditch to prevent the erosion when the heavy rains wash the sides of the terrain away. On the recommendation of the Mayor, Council deferred any action on this matter, until such time as the Councilmen can look at this problem and come up with a recommendation for the solution.
NURSING & HEALTH CARE HOME
A letter was received from Mr. Leonard Leeds, who was also present, requesting the City to provide water and sewer facilities to the proposed area of this Health Care Home which will be located at the southwest corner of Saulsbury Road and College Road. This area is within the limits of the City of Dover. He stated that a letter of intent is needed by the FHA, certifying that the City will provide these facilities to them, in order that the FHA insure this project. On motion of Mr. Harris, seconded by Mr. Hastings, Council directed the City to draw up such a letter of intent so it may be submitted to the FHA.
TRUCK TRAFFIC
A letter was received from the State Highway Department in reply to a telephone conversation with Chief James Turner, concerning the designation of truck routes within the City of Dover and controlling the speed of these trucks. The policy of the State Highway Department is that municipalities should originate any proposed changes in traffic operations or regulations on State maintained streets within the municipal limits. The letter also stated that they will cooperate in every way to try and meet the needs of the municipality. On motion of Mr. Hastings, seconded by Mr. Harris, Council directed the Police Department to make a study of the truck traffic in the City of Dover, and to Contact Mr. Ernest Davidson, Highway Engineer, to set up a conference with Mr. Davidson, City Manager Neylan, City Engineer Joseph and the Chief of Police.
DOVER PARKING AUTHORITY
A letter was received from the Dover Parking Authority stating that in conjunction with the agreement that the City of Dover made with the Parking Authority on the guarantee of the monies annually from the receipts of the parking meters, the Parking Authority has placed options on four lots on the west side of Bradford Street in the first block north of Loockerman Street. The first of these four options has to be exercised by November 14, 1967. The Parking Authority is requesting of Council an advance of $13,000 of the receipts of the parking meters for he fiscal year of 1967-1968. This would enable them to exercise their options, prior to negotiations with a lending agency for the balance of the money needed to purchase these lots. On motion of Mr. Hastings, seconded by Mr. Jackson, Council authorized and advance of $13,000 on the receipts of the parking meters.
ABSENTEE AND PROXY VOTING
Mr. Edward Bruner appeared before Council stating that he has a Power of Attorney for the property owned by his son which is located on U.S. Route 13 and was involved the most recent annexation referendum. His son is stationed overseas with the Armed Forces. His Power of Attorney gives him the right to handle any and all matters concerning this property, but he was denied the right to vote in the annexation. City Solicitor Buckson stated this was correct because the Charter of the City of Dover has no provisions for absentee or proxy voting. During a discussion by Council, it was suggested that this matter should be studied to determine if a change should be made to allow absentee and/or proxy voting in any or all of the Municipal elections. On motion of Mr. Harris, seconded by Mr. Hastings, Council referred to the Legislative & Finance Committee the question of absentee and proxy voting in Municipal Election.
VOTER REGISTRATION
A report was given on the voter registration held on Saturday, November 11, 1967. A total of 739 residents of the City registered to vote, bring the total so far to 1049.
Council adjourned at 10:20 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 13, 1967 are hereby approved.
November 15, 1967 Crawford J. Carroll Mayor