REGULAR MEETING
November 22, 1965
The Regular Meeting of City Council was held Monday, November 22, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Smith and Walls.
The Invocation was said by the Rev. H. F. Chandler.
MINUTES
Minutes of the meeting of November 8, 1965 were accepted and bore the written approval of Mayor Carroll.
PLUMBING CODE APPEAL
Acceptance of a letter from the Bituminous Pipe Institute appealing certain provisions of the Plumbing Code was deferred until the next meeting of City Council.
TOWNE POINT STREETS
A letter from Gordy Creditors’ Committee requested City Council to accept certain streets in the Towne Point development. The letter was accompanied by a deed to the streets and a statement that in lieu of the required maintenance bond arrangements have been made with a bank to guarantee street maintenance for a period of one year in the amount of $11,000. On motion of Mr. Holpp, seconded by Mr. Harris, Council authorized acceptance of the deed to the streets, contingent on receipt of the bank guarantee for one year’s maintenance, and on the continuance in effect of the performance bond until its release is recommended by the Planning Commission. The performance bond is the original bond required under the Land Subdivision Regulations. Mr. Hayes voted ‘No’.
CROSSGATES & MAYFAIR
A letter from Frank Robino, Builder, requested City Council to accept certain streets in the Crossgates & Mayfair developments. The letter was accompanied by deeds to the streets and a maintenance bond for the period of one year. On motion of Mr. Harris, seconded by Mr. Holpp, Council authorized acceptance of the deed to the streets with the understanding that Performance Bonds will continue in effect until released by the Planning Commission. Mr. Hayes voted ‘No’.
WAGES & HOURS
Councilman Hayes submitted a written report of a meeting of the Wages & Hours, Legislative & Finance Committee held Monday, November 15, 1965. The report was accepted.
HEALTH INSPECTOR
On motion of Mr. Hayes, seconded by Mr. Biggs, Council authorized the preparation of an amendment to the Health ordinances providing for the appointment of the Health Inspector by City Council.
YANKEE DIXIE
Councilman Harris reported on the first annual meeting of the Yankee-Dixie Power Association held in Washington on November 18 and 19. Mr. Harris, City Manager Ward, City Clerk Neylan and Electric Superintendent Buttner attended a session on November 18. Tentative plans of the Association call for three generating stations to be built in the Appalachian coal fields with transmission lines to be constructed on the east coast from Maine to Florida. The scheme could be extended as far west as Illinois and could link together as many as 900 utilities operating in the area. Estimated cost of the project is in excess of one billion dollars which could be financed without government assistance. Seven or more years would be required for completion.
COLLINS ZONING
A public hearing has been duly advertised for this date on a request by Everett Bryan to rezone the former property of Frank Collins at 600 S. State Street from R-10 to RG0 use. Mayor Carroll declared the hearing opened. Dr. Bryan appeared to answer any questions. He submitted statements from surrounding property owners who approved the requested change. The Planning Commission recommended approval of the request. No one appeared to object to the proposed rezoning. Mayor Carroll declared the hearing closed.
On motion of Mr. Smith, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PROPERTY FROM R-10 TO RG0.
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 from R-10 to RG0 in the area described below,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of The City of Dover shall be amended by changing the zoning designation from R-10 to RG0 use those lands now or formerly of Frank F. Collins at 600 S. State Street, being approximately 200' x 220', bounded on the north by South Street, on the east by State Street, on the south by lands of J. Allen Frear Jr. and on the west by lands of the Masonic Hall Corporation.
Passed November 22, 1965
ELECTRIC RATE - DAFB
Council authorized the City staff to negotiate with Dover Air Force Base on revision of their electric rate. City Manager Ward reported that a proposal had been made to the Base to amend the rate by offering a substation credit of 15¢ per KW of billing demand incurred monthly on customer-owned substation facilities. It was proposed that the change be effective November 1, 1965. The Base accepted the proposal but requested that the change be made retroactive to May 28, 1964, the date of the current supplement contract. On motion of Mr. Holpp, seconded by Mr. Harris, Council authorized the amended rate, effective November 1, 1965.
PLUMBING CODE
Plumbing Inspector Jack Roe submitted to Council proposed amendments to the Plumbing Code agreed upon by the Plumbing Code Committee and the State Board of Health. On motion of Mr. Hayes, seconded by Mr. Hughes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE PLUMBING CODE OF THE CITY OF DOVER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the following duly enacted sections of the Plumbing Code of The City of Dover are hereby amended as follows:
(1) Section 4.02 shall be amended by adding a new unnumbered paragraph to Section 4.02 to read as follows:
Each and every plumber authorized to perform service shall be duly registered by the State Board of Health.
(2) Section 7.0503 of the Code shall be amended by striking out the inch requirements for the following fixtures and inserting in lieu thereof the following:
Sinks, residence kitchen - 1½ inches
Sinks, pantry or bar - 1½ inches
Laundry trays - 1½ inches
(3) Section 7.0603 paragraph two shall be amended by striking out the word “sufficient” as same appears in line fourteen of said paragraph and inserting in lieu thereof the following:
...two times the diameter of the outlet...
(4) Section 7.1101 of the Plumbing Code is amended by increasing the minimum size pipe for indirect waste for one fixture or opening from 1 1/4 inches to 2 inches, 2 or 3 fixtures or openings from 1½ inches to 2 inches.
(5) Section 7.1204 is amended by deleting all of said section and inserting in lieu thereof a new section as follows:
Section 7.1204 Sub-Soil Foundation, Clear Water and Absorption Tile Drains.
The connection of subsurface rain water drains to a house sanitary sewer is prohibited, and said rain water drains may only be connected to storm sewer.
(6) Section 7.1301 of the Plumbing Code shall be amended by adding a new unnumbered paragraph to said section to read as follows:
The test shall be as follows: The stack shall be filled within 12 inches of the top of the house.
Passed November 22, 1965
ZONING ORDINANCE
Building Inspector Roe submitted to Council a proposed amendment to the Zoning Ordinance recommended by the Planning Commission. A public hearing is required prior to any change in the Zoning Ordinance. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE FOR PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, City Council proposed to amend the zoning ordinance of the City of Dover by changing the livable floor area requirements in dwellings, and
WHEREAS, a public hearing is required prior to amending the 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 at City Hall at 8:00 P.M. on December 13, 1965 on a proposed amendment to the zoning ordinance of the City of Dover which would establish minimum square feet of livable floor area per dwelling unit in various zones as follows: R-20 - 1,500; R-15 - 1,200; R-10 - 1,200; R-8 - 1,000; R-7 - 900.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted November 22, 1965
CHICKEN FESTIVAL
A letter from the Delmarva Poultry Industry asked Council whether Dover would be interested in hosting the annual Chicken Festival in 1967. On motion of Mr. Walls, seconded by Mr. Holpp, the matter was referred to Mr. Holpp, who is a committee to recommend activities during that year to commemorate the 250th anniversary of the City.
ARTISANS BANK UTILITIES
A letter from the Artisans’ Savings Bank asked permission of City Council to extend the sewer and water facilities now serving the former Sylvan Ash property on South Governors Avenue, which they have purchased with other properties, to serve their proposed new bank office. On motion of Mr. Smith, seconded by Mr. Hayes, the request was approved.
GOVERNMENT SURPLUS LAND
A letter and notice from the General Services Administration advised Dover that the Radio Beacon Annex to the Air Base, located on the Kitts Hummock Road and containing about 13 acres, was surplus to the needs of the Federal Government. They asked whether the City has an interest in acquiring the property. On motion of Mr. Hayes, seconded by Mr. Smith, Council directed that the letter be acknowledged with the statement that Dover had no interest.
SOLICITOR
At the November 8, 1965 Council meeting a public hearing was held on a request to rezone certain lands in the Towne Point development now owned by City Solicitor Buckson. While at his home following the meeting Councilman Hughes received a telephone call from Mr. Buckson, which resulted in Mr. Hughes stating he would ask Mr. Buckson to resign his office as City Solicitor because of conflict of interests. Mr. Hughes read to Council a prepared statement in which he outlined the events which have since taken place. He met with Solicitor Buckson, through Councilman Walls who acted as intermediary, and discussed the situation at length. Mr. Buckson offered his apology for the late call, and Mr. Hughes accepted. Mr. Hughes stated his opinion that Mr. Buckson had the choice of two courses, to resign, or to agree not to represent either himself or any other party before the City during the remainder of his term. Mr. Buckson replied that he believed there was no conflict of interest involved, that he had previously consulted with a high legal officer before making the determination, but that he would make no further representations before the City during the remainder of his term of office as City Solicitor.
Council adjourned at 8:40 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of November 22, 1965 are hereby approved.
Crawford J. Carroll
Mayor
November 23, 1965