REGULAR MEETING
September 13, 1965
The Regular Meeting of City Council was held Monday, September 13, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Hayes, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by Captain Murphy of Dover Air Force Base.
MINUTES
Minutes of the meeting of August 23, 1965 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for July and August was accepted.
Report of Alderman Cavanaugh was accepted. Checks of $680.20 and $138.00 and $96.00 were remitted.
Report of the Fire Marshal and Building Inspector was accepted.
Report of the Board of Health was accepted.
Report of Cash Receipts, General Fund, was accepted.
Budget Report, General Fund, was accepted, with Councilman Walls objecting to charge for cleanup of a cemetery being included in Parks & Recreation Budget.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
Report of Magistrate Knotts was accepted. A check for $1119.70 was remitted to the City.
CEMETERY
On motion of Mr. Walls, seconded by Mr. Smith, Council authorized employment of a firm to keep grass cut during growing months in the cemetery at the end of Rodney Road at a cost of $150 per month. On motion of Mr. Walls, seconded by Mr. Holpp, Council directed that the cemetery be posted forbidding burials until the City gives clearance and that letters to that effect be sent to all funeral directors. The purpose is to determine ownership of the cemetery in order to assess costs of cleanup and maintenance.
STATE NEWS REZONING
A public hearing has been duly advertised for this date on a request by Delaware State News to rezone a parcel of land at Webbs Lane and New Burton Road from R-20 to C-3. Mayor Carroll declared the hearing opened. Joshua Twilley, Attorney and Jack Smyth appeared for the State News. No one spoke against the request. The Planning Commission recommended approval of the rezoning. Mayor Carroll declared the hearing closed.
On motion of Mr. Massey, seconded by Mr. Biggs, 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 AN AREA AT WEBBS LANE AND NEW BURTON ROAD.
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-20 to C-3 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-20 to C-3 on those lands of Delaware State News containing approximately 2.4 acres, being bounded on the south by Webbs Lane, on the east by Garton Road, and on the west and north by New Burton Road.
Passed September 13, 1965
SCHWARTZ REZONING
A public hearing has been duly advertised for this date on a request by Muriel Schwartz to rezone a parcel of land at Court Street and River Road from R-20 to RG-2. Mayor Carroll declared the hearing opened. No one appeared to speak for or against the request. The Planning Commission recommended the rezoning be approved. Mayor Carroll declared the hearing closed.
On motion of Mr. Hayes, seconded by Mr. Holpp, Council by unanimous vote passed the following ordinance:
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AN AREA AT COURT STREET AND RIVER ROAD.
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-20 to RG-2 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-20 to RG-2 on those lands bounded on the north by Court Street, on the east by River Road, on the west by St. Jones River, and having a depth southward from Court Street of approximately 275'.
Passed September 13, 1965
COMMUNITY ACTION
A letter was presented to City Council from the Community Action Agency of Greater Dover requesting a donation of $250 to pay the cost of incorporation and administrative expenses of the Agency. Mrs. William Paton, Rev. Elmo A. bean and Robert G. Oliver Jr. appeared before Council to explain the quest and answer questions. The Agency is organized under the Federal Economic Opportunity Act and has conducted the Head Start Program and plans to establish a Day Care Center. On motion of Mr. Holpp, seconded by Mr. Biggs, Council authorized an appropriation of $250 for the agency.
LAMIA ROAD
A letter was received from Fred Britton requesting Council to name the street leading into the new high school Lamia Road in honor the Lamia, Greece, Dover’s sister City in the People to People program. Council noted that the street is an extension of Pear Street which has not yet been dedicated to the City by the Dover School Board which has considered naming it after a retied teacher. On motion of Mr. Hayes, seconded by Mr. Biggs, the request was referred to the Planning Commission for its recommendation.
TOWNE POINT STREETS
A deed has been prepared by the developers of Towne Point transferring title to the streets to the City of Dover. Until deficiencies are corrected, the streets are not yet ready for acceptance by Council. On motion of Mr. Hughes, seconded by Mr. Walls, action on the deed was tabled.
ALLEYS
A petition was received from residents of Monroe Terrace and Sunset Terrace south of Waples Avenue requesting that alleys be paved in those blocks. On motion of Mr. Holpp, seconded by Mr. Smith, Council directed that the petition be acknowledged and a reply made that no funds are available in this year’s budget for paving alleys and that paving will be done in accordance with a long range plan.
UTILITY COMMITTEE
Councilman Holpp presented a written report of a meeting of the Utility Committee held September 7, 1965. The report was accepted by vote of 5 to 2 with Councilmen Massey and Walls voting ‘No’.
PARADEE SEWER
W. Charles Paradee owes the City $800.68 for a sewer tap to a service station on South Little Creek Road which was made two months before the area was annexed to the City. The charge was based on City rates outside City limits. Mr. Paradee asked that the charge be reduced to that charged properties within the City limits because of being annexed so soon after the tap was made. The Utility Committee recommended that Mr. Paradee pay the bill as rendered. Councilmen Walls and Hayes thought the rate charged too high. Mr. Hughes noted the account was three years old and expressed the opinion that more prompt settlement should have been made. Mr. Woods noted that Mr. Paradee was aware of the charge before the tap was made. Mr. Ward stated Mr. Paradee has been sent many notices but had refused to pay. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed that the necessary steps be taken to collect the full amount from Mr. Paradee. Mr. Walls voted ‘No’.
YOUNG WATER BILL
Mrs. Margaret A. Young, living in Rodney Village, asked that she be given an adjustment on her water bill of $92.69. The Utility Committee recommended an adjustment of $42.69. The water meter Mrs. Young had been tested by the City and found to be accurate, but a new meter had been installed at her insistence. Consumption dropped after the new meter was installed. She would not permit the new and old meters to be hooked in series for testing. Councilman Hayes believed the City admitted error by installing a new meter. A motion by Mr. Holpp, seconded by Mr. Smith, that a credit of $42.69 be allowed was defeated by vote of 3 to 4, Messrs. Hayes, Hughes, Massey and Walls voting ‘No’. A motion by Mr. Hayes to allow a credit of $92.69 was not seconded. Mr. Hayes asked that his vote on the original motion be changed. A new motion by Mr. Holpp, seconded by Mr. Smith, that a credit of $42.69 be allowed was approved by vote of 4 to 3, Messrs. Hughes, Massey and Walls voting ‘No’.
FPC RESOLUTION
A resolution was presented for the consideration of City Council under which Council states its intention to pass on to its customers any reduction in rates for purchased power ordered by the Federal Power Commission in the rate case the City has before that body.
On motion of Mr. Holpp, seconded by Mr. Massey, Council by unanimous vote adopted the following Resolution.
WHEREAS, the City of Dover has asked the Federal Power Commission to order a reduction in the wholesale rates charged Dover by the Delaware Power & Light Company on the basis of the year ended June 30, 1963, but including the application of the lawful rates to service to General Foods, aggregating approximately $125,000 on an annual basis; and
WHEREAS, the Federal Power Act, under which Dover has filed its complaint, tried its case, and filed its briefs with the Federal Power Commission, was passed for the benefit of the ultimate consumers of electricity; and
WHEREAS, Dover has told the Federal Power Commission that said reduction of approximately $125,000 per year in the rates which Dover pays for wholesale power is necessary in order to enable Dover to offer rates competitive with the retail rates of Delaware Power and Light which will attract new industry, new residents, and new all-electric homes to Dover’s 80 square mile electric service area; and
WHEREAS, the Delaware Power and Light Holding Company System, which enjoys a near monopoly of the distribution of electric power throughout the Delmarva Peninsula, has made substantial reductions in its retail residential, commercial and industrial rates, thereby improving the large privately-owned utility’s position vis a vis Dover’s 80 square mile municipally-owned electric service area in the competition for new industry and new house heating business; and
WHEREAS, said Delaware Power and Light Holding Company System, which bestrides the three state area of the Delmarva Peninsula as aforesaid, reduced its wholesale rates for below its wholesale rates to Dover, two and one half years ago, to the three REA-financed Co-ops doing business on the Delmarva Peninsula in competition with Dover’s 80 square mile service area in the attraction of new industry, new residents and new all-electric homes; and
WHEREAS, Dover’s present retail electric rates yield an adequate return and furnish an adequate contribution to the General Fund for the support of the other public services rendered by the City to the inhabitants of Dover and its environs; and
WHEREAS, a soundly promotional reduction in retail electric rates usually results in increased volume of sales which enables the distributor to soon offset the reduction in rates with increased revenues from new and swelling usage; and
WHEREAS, Dover has recently obtained favorable modifications in its Bond Resolution, whereby the bondholders permit reductions in Dover’s retail electric rates, not possible prior thereto; and
WHEREAS, under the prevailing facts outlined above, it is impossible for Dover to justify a refusal to pass on to its retail ultimate consumers any reduction in the wholesale cost of power which it may receive from the Federal Power Commission in Dover’s pending rate case against Delaware Power and Light;
NOW, THEREFORE, BE IT RESOLVED:
That it is the intent and policy of this Council to pass on to Dover’s retail ultimate consumers of electricity by a just and reasonable allocation and by means of appropriately designed rates the entire reduction in the wholesale cost of power which Dover may receive by order of the Federal Power Commission in Dover’s pending rate case against the Delaware Power and Light Company.
Adopted September 13, 1965
Mr. Hughes stated that although he voted for the Resolution he objected to several paragraphs which were derogatory of Delaware Power & Light Company.
FRIEDEBERG ZONING
Mrs. Harry Friedeberg, 749 River Road, requested rezoning of her property at that address from RG-1 to C-1 so that she may open a clothing store. A public hearing is required before changing the zoning map or zoning ordinance.
On motion of Mr. Hayes, seconded by Mr. Biggs, Council adopted the following Resolution and referred the request to the Planning Commission, by vote of 6 to 1, Mr. Hughes voting ‘no’.
A RESOLUTION SETTING FORTH TIME AND PLACE FOR 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, a certain lot at 749 River Road, approximately 62' x 112', is presently zoned for RG-1 use, and
WHEREAS, a request has been received to change the zone designation from RG-1 to C-1 use, and
WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 October 11, 1965 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would change from RG-1 to C-1 use that property of Harry Friedeberg at 749 River Road approximately 62' x 112'.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted September 13, 1965
TOWNE POINT ZONING
A letter from Delaware Home Builders Corporation requested that portions of Sections 2a and 2b of Towne Point be rezoned from R-20 to R-8 and 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. 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 MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, a certain area containing approximately 71 acres known as Section 2-A and 2-B of the Towne Point development is presently zoned for R-20 use, and
WHEREAS, a request has been received to change the zone designation from R-20 to R-8 and RG-2 use, and
WHEREAS, a public hearing is required prior to amending the Zoning Ordinance or Zoning Map 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 8:15 P.M. on October 11, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from R-20 use to R-8 use an area containing approximately 71 acres known as Sections 2-A and 2-B of Towne Point, with the exception of an area of approximately 5.4 acres and an area of approximately 4.8 acres which would be changed from R-20 to RG-2 use, section 2-A being located generally north of the present Towne Point development, and section 2-B being located generally east of the present Towne Point development.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted September 13, 1965
TRUCK BIDS
Bids have been received for purchase of seven trucks with trade-in of six. Low bidder for one pickup truck was Bolan Motors, $1620.79. Low bidder for 3 service trucks and one stake truck was Bolan Motors, $10,708.32. Low bidder for two dump trucks was C. F. Schwartz, $12,487.00. On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized purchase of the trucks from the low bidders.
POLICE
Council together with the Chief of Police and Mayor discussed the progress of the new Police station, acquisition of land for its site, and the condemnation of land for the extension of Queen Street between North and Water Streets. Chief Turner discussed the State revision of the Magistrates Courts, and urged Council to contact State officials urging that a magistrate’s court be established in the City, the most heavily populated section of Kent County.
Council adjourned at 9:55 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of September 13, 1965 are hereby approved.
Crawford J. Carroll
Mayor
September 15, 1965