REGULAR MEETING
March 14, 1966
The Regular Meeting of City Council was held Monday, March 14, 1966 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Jackson and Smith.
The invocation was said by Chaplain Miles Murphy of Dover Air Force Base.
MINUTES
Minutes of the meeting of February 28, 1966 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted.
Report of Acting Alderman Neylan was accepted. Fines of $378.4 were collected and paid to the City in February.
Report of Fire Marshal and Building Inspector Roe was accepted.
Report of Cash Receipts, General Fund, was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
PLUMBING INSPECTOR
Council authorized Building Inspector Roe and Plumbing Inspector Carey to attend the Virginia Plumbing Inspectors Association School and Conference at Arlington, Virginia on March 18 and 19 at a cost of approximately $100.
TRAILERS
Building Inspector Roe asked instruction from Council on enforcement of provisions of the Zoning Ordinance requiring that trailers be removed from residential zones within three years of the passage of the zoning ordinance. On motion of Mr. Holpp, seconded by Mr. Smith, the matter was referred to the Legislative and Finance Committee for study and recommendation.
DP&L RESOLUTION
City Manager Ward reported to Council on a meeting held March 8 with various municipalities in Delaware which generate or distribute electricity. The meeting concerned the so-called REA bill in the Legislature and the hearings before the Federal Power Commission on purchased power rates with DP&L. Evidence taken at the power hearings indicate possible violation of Federal Anti-trust laws by Delaware Power & Light Company. The group at the meeting favored action opposing the bill in the Legislature and asking the Federal Trade Commission to investigate possible anti-trust violations by DP&L and award of damages to injured parties. A resolution was presented to Council for its consideration and adoption. Mr. Hughes stated he favored opposition to the bill in the Legislature but could not approve inclusion of both subjects in the same resolution. On motion of Mr. Holpp, seconded by Mr. Jackson, Council adopted the following Resolution by vote of 6 to 1 with Mr. Hughes voting ‘No’.
WHEREAS, the Complainant electric municipalities, St. Michaels, Md. and Dover, Del., and the Federal Power Commission Staff, have developed evidence in the pending rate and service conditions case before the Federal Power Commission (FPC Docket Nos. E-7114 et als), which disclosed that numerous covenants in restraint of trade have been induced and entered into by the Defendants, Delaware Power and Light Company, The Eastern Shore Public Service Company of Maryland, and The Eastern Shore Public Service Company of Virginia; and
WHEREAS, it is manifest on the face of the record in said FPC Docket Nos. E-7114 et als that the small electric municipalities and companies served at wholesale for resale in interstate commerce by the giant Delaware Power and Light System may have a valid and subsisting right to recover treble damages aggregating nearly five million dollars ($5,000,000), by reason of the aforesaid violations of the Federal Anti-Trust Laws, for the three years February 1, 1963-February 1, 1966, both inclusive in the following approximate amounts per wholesale customer:
WHOLESALE CUSTOMER SIMPLE Total Simple Damage Treble Damages
Annual Since Feb. 1, 1963 Since Feb. 1,1963
Damage for three years only for three years only
St. Michaels, Md. $ 30,000 $ 90,000 $ 270,000
Dover, Delaware 125,000 375,000 1,125,000
Clayton, Delaware 11,000 33,000 99,000
Lewes, Delaware 18,000 54,000 162,000
Middletown, Delaware 24,000 72,000 216,000
Milford, Delaware 76,000 228,000 684,000
Newark, Delaware 61,000 183,000 549,000
New Castle, Delaware 32,000 96,000 288,000
Smyrna, Delaware 40,000 120,000 360,000
Centreville, Maryland 35,000 105,000 315,000
Chestertown, E.L.&P. Co. 52,000 156,000 468,000
Stockton L. & P. Co. 20,000 60,000 180,000
Totals $ 524,000 $1,572,000 $4,716,000
and
WHEREAS, it appears that (1) a Federal Trade Commission investigation of the books and records of the Delaware Power System may disclose further evidence of violations of the Anti-Trust Laws which were not disclosed by the Federal Power Commission’s investigation which was directed primarily to violations of the Federal Power Act; (2) that the Federal Power Commission will not determine whether or not any of these contracts are contrary to or in violation of the Anti-Trust laws, this being a determination within the exclusive administrative jurisdiction of the Federal Trade Commission; (3) that actions in the courts for treble damages for violation of the Anti-Trust laws, although helpful for the past are not an adequate remedy for the future; and (4) that affirmative action by the Federal Trade Commission is required to put a stop to these patent violations of the Anti-Trust laws, some of which the Federal Power Commission may find to be beyond the reach of the Federal Power Laws in the Pennsylvania Water & Power Company litigation, as to which see 184 F2d 552 (1950) (CA4) (Soper, C.J.); 97 F. Supp. 952 (1951) (Bryan, District Judge); affd. 194 F2d 89 (1952) (CA4) (Soper, C.J.); and
WHEREAS, it is a matter of common knowledge that the Delaware Power and Light Company System has contributed the services of its attorneys and its lobbyist in the Delaware Legislature to the drafting and promotion of a bill, known as House Bill No. 359 and Senate Bill No. 252, and the Federally financed Co-op interest at the expense of the electric municipalities in our own State of Delaware;
NOW, THEREFORE, BE IT RESOLVED:
Section I: that Spencer W. Reeder, Esq., Special Counsel for the electric town of St. Michaels, Maryland and the electric City of Dover, Delaware in the pending rate and service conditions case before the Federal Power Commission, FPC Docket Nos. E-7114 et als., be and he is hereby authorized and requested by this municipality to call to the attention of the Federal Trade Commission the aforesaid matters now of public record before the Federal Power Commission, and of common knowledge in the State of Delaware;
Section III: that this municipality opposes Delaware House Bill No. 359 and Senate Bill No. 252.
Adopted March 14, 1966
WATER SYSTEM
City Manager Ward reported that he and Supt of Public Works Jack Woods had visited Mr. Goodhue of the Middle Department of Fire Underwriters and discussed the water system of the City. Mr. Goodhue complimented the City on the improvements to its system. They discussed with him the possibility of underground storage of water.
SEWAGE ODOR
Offensive odors have again been coming from the sewage treatment plant, despite past assurances that the completion of the plant wold eliminate such odors. The cause and method of elimination have not yet been determined. The consulting engineers, Albright & Friel will be in Dover on Tuesday and Wednesday to study the problem. Councilmen were invited to be present. Jack Woods and Robert Smith visited a similar plant in Levittown, Pa., today to study its operation. An odor problem had existed there also. By certain additions and modifications the odors were eliminated there. On motion of Mr. Biggs, seconded by Mr. Hughes, Council directed that a study be made to find the solution to the problem, and that outside help be obtained if necessary.
P & B SEWER AND WATER
Frank P. Pullella of P & B Builders, Inc. developers of White Oak Farms tendered to Council a check for $28,655.30, there share of the cost of installing sewer and water lines through the development. Money was advanced by the developers of Manor Park for construction of the lines and they will be reimbursed in the amount of $27,025.57. P & B Builders also have entered into an agreement with the City under which they pay the sum of $100 for each house connected to the City sewer which runs through a pumping station in that area. The $100 charge is based on the pro-rated cost of the pumping station. Herman Brown, attorney for P & B Builders asked Council to recalculate the charge per unit when the capacity of the pumping station is determined. The result should be something less than $100 per unit. On motion of Mr. Harris, seconded by Mr. Hayes, the mater was referred to the Utility Committee.
ZONING CHANGE
Harold Schmittinger, Attorney for William M. Steele, petitioned Council to change the zoning on a tract of 12.74 acres near The Beeches from R-20 to RG-2. A public hearing is required prior to any change in the zoning ordinance or zoning map. On motion of Mr. Hayes, seconded by Mr. Harris, Council adopted the following resolution and referred the request to the Planning Commission.
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 east of U.S. Route 13 and north and east of a development known as The Beeches and east of a proposed extension of River Road is presently zoned for R-20 use, and
WHEREAS, a request was submitted to change the zone designation from R-20 use to RG-2 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:
1. That a public hearing be held at City Hall at 8:00 P.M. on April 11, 1966 on a proposed amendment to the zoning Ordinance and Zoning Map of the City of Dover which would rezone from R-20 to RG-2 use an area of approximately 12.7 acres located between U.S. Route #13 and the Bay Road bounded on the west by a proposed extension of River Road and a development known as The Beeches, zoned R-20, and on the east and south by lands zoned R-20, and on the north by lands zoned for C-4 use.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted March 14, 1966
TAX ASSESSMENTS
Council directed that appeals to the tax assessment be heard on April 4 and April 11 and approved the naming of Councilmen Hayes, Biggs and Jackson as a Committee to hear appeals beginning at 2 P.M. on those days. Council will also hear appeals at its meeting beginning at 7:30 P.M. on April 11, 1966.
POLICE STATION
Pope, Kruse and McCune, Architects, submitted to Council three alternate recommendations for redesign which would reduce the estimated cost of the proposed police station. Reductions would be approximately $60,000, $80,000 and $105,000. They also recommended that Council reject the bids already received. On motion of Mr. Harris, seconded by Mr. Holpp, the bids received were lifted from the table. On motion of Mr. Smith, seconded by Mr. Hayes, the bids were rejected. Council discussed the alternate recommendations and decided that the possibility of locating the building at a location without a quicksand foundation should be explored. The City owns property on three corners in the block where construction is proposed. On motion of Mr. Harris, seconded by Mr. Holpp, Council directed that test borings be made at the corners of Bank Lane and New Road and at Water Street and New Burton Road to determine the best location for the building. The alternate recommendation will then be selected.
COMMITTEE PARKS
On motion of Mr. Harris, seconded by Mr. Jackson, Council approved appointment of Mrs. John McClearnan, 104 Lotus Street, as a member of the Parks and Playgrounds Committee.
Council adjourned at 9:20 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of March 14, 1966 are hereby approved.
Crawford J. Carroll
Mayor
March 15, 1966