REGULAR MEETING
July 26, 1965
The Regular Meeting of City Council was held Monday, July 26, 1965 at 7:30 P.M. with Vice Mayor Hayes presiding. Councilmen present were Messrs. Biggs, Harris, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by the Rev. William Hemphill Jr.
MINUTES
Minutes of the Council meeting of July 12, 1965 were accepted and bore the written approval of Mayor Carroll.
ANNEXATION
Election Officials of the 26th Representative District of Kent County certified to City Council that the result of the referendum election held Saturday, July 24, 1965, beginning at 1 P.M. on the question of annexing to the City of Dover lands of I. Kendall Gibbs and Roland Trader, was as follows: For inclusion: 58 votes; Against inclusion: 0 votes. On motion of Mr. Walls, seconded by Mr. Smith, the certification was accepted.
On motion of Mr. Smith, seconded by Mr. Massey, Council by unanimous vote adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA 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 deem it in the best interest of the City of Dover to include an area as hereinafter more particularly described within the limits of the City of Dover, and
WHEREAS, an election as above mentioned was held on the 24th day of July 1965 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, there were 58 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 0 votes against the inclusion within the City of Dover of the hereinafter described lands, 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 may thereupon adopt a resolution annexing the said territory and including the same within the limits of the City of Dover
NOW, THEREFORE, BE IT RESOLVED:
1. That the following territory shall be annexed to and included within the limits of the City of Dover:
ALL those certain pieces, parcels or tracts of land lying and being 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 corner in the south right of way line of White Oak Road and being the easterly corner for lands of I. Kendall Gibbs; thence with three lines in a southerly, westerly and southerly direction, being the division lines between lands of I. Kendall and lands of Leon Tarburton, to a point being a corner for lands of I. Kendall Gibbs and lands of Irving Voshell; thence in a westerly direction with the division line between lands of I. Kendall Gibbs and lands of Irving Voshell to the east right of way line of Nimitz Road; thence with the east right of way line of Nimitz Road in a northerly direction to a point with the Heights Development; thence with the northerly right of way line of a certain 15' alley of the Dover Heights Development; thence with the northerly right of way line of the aforesaid 15' alley in a westerly direction to the easterly boundary of lands of John Pleasanton, being the present boundary line of the City of Dover; thence in a northerly direction with the said line being a division line between lands now or formerly of John Pleasanton and lands of I. Kendall Gibbs and lands of Roland P. Trader, to the southerly right of way line of White Oak Road; thence with the southerly right of way line of the White Oak Road in an easterly 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. The effective date of this Resolution shall be the 27th day of July 1965 at 12:01 A.M. o’clock, Eastern Daylight Saving Time.
Adopted July 26, 1965
REFUNDING RESOLUTION
Council considered the action required prior to receiving a proposal from Harrison & Ripley for the purchase of bonds refunding the 1960 Electric Revenue Bonds which would reduce the present financing costs to the City.
The City Council considered a resolution entitled:
“A RESOLUTION AUTHORIZING THE ISSUANCE UNDER THE PROVISIONS OF CHAPTER 111, VOLUME 52, LAWS OF DELAWARE, APPROVED JUNE 30, 1959, OF NOT EXCEEDING $10,600,000 REVENUE BONDS OF THE CITY, PAYABLE SOLELY FROM REVENUES TO PROVIDE FUNDS FOR REFUNDING ALL OF THE OUTSTANDING ELECTRIC REVENUE BONDS (SERIES A); PROVIDING FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS OF THE CITY FOR PAYING THE COST OF IMPROVEMENTS OF THE ELECTRIC SYSTEM OF THE CITY: PROVIDING THAT SUCH REVENUE BONDS SHALL NOT CONSTITUTE A DEBT OF THE CITY OF A PLEDGE OF ITS FAITH AND CREDIT: PROVIDING FOR THE COLLECTION OF RATES, FEES, AND CHARGES FOR THE SERVICES AND FACILITIES FURNISHED BY THE ELECTRIC SYSTEM, AND FOR THE CREATION OF CERTAIN SPECIAL FUNDS: PLEDGING TO THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH REVENUE BONDS THE NET REVENUES OF THE ELECTRIC SYSTEM; APPOINTING THE TRUSTEE AND PRESCRIBING ITS POWERS AND DUTIES; AND SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS.”
which resolution in its entirety is incorporated herein by reference thereto, and is attached hereto.
On motion of Mr. Walls, seconded by Mr. Hughes, that the Electric Revenue Refunding Bonds Resolution described by title above be adopted, by roll call vote, the following Councilmen voted “Yes”, Messrs Biggs, Harris, Holpp, Hughes, Massey, Smith and Walls. The vote in favor being unanimous, Vice Mayor Hayes declared the resolution adopted.
OFFICIAL STATEMENT RESOLUTION
The City Council considered the following resolution:
A RESOLUTION CONCERNING THE PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ELECTRIC REVENUE REFUNDING BONDS OF THE CITY
WHEREAS, Harriman Ripley & Co., Incorporated, has presented to the Council of The City of Dover a Preliminary Official Statement in connection with the sale of not exceeding $10,600,000 Electric Revenue Refunding Bonds of The City of Dover, dated as of August 15, 1965, and the City Council has reviewed the same and has found it to be in satisfactory form, subject only to possible minor changes, insertions and omissions; now, therefore,
BE IT RESOLVED by the Council of The City of Dover, Delaware:
Section 1. That Harriman Ripley & Co., Incorporated is hereby authorized to furnish copies of said Preliminary Official Statement to perspective purchasers of said bonds.
Section 2. That this Resolution shall take effect immediately upon its passage and approval by the Mayor.
On motion of Mr. Holpp, seconded by Mr. Smith, that the above Resolution concerning the Preliminary Official Statement be adopted, the following Councilmen voted ‘Yes’, Messrs. Biggs, Harris, Hughes, Holpp, Massey, Smith and Walls. The vote in favor of passage of said Resolution being unanimous, Vice Mayor Hayes declared the Resolution adopted.
DEPOSITARY RESOLUTION
The City Council considered the following Resolution:
A RESOLUTION DESIGNATING DEPOSITORIES UNDER THE PROVISIONS OF A RESOLUTION AUTHORIZING AND SECURING ELECTRIC REVENUE REFUNDING BONDS OF THE CITY.
BE IT RESOLVED by the Council of The City of Dover, Delaware:
Section 1. The Delaware Trust Company is hereby selected and designated as the Depositary of The City of Dover Electric System Revenue Fund and The City of Dover Electric System Improvement and Extension Fund created under the provisions of Sections 503 and 507(c) of the Resolution authorizing and securing Electric Revenue Refunding Bonds of the City, adopted on July 26, 1965.
Section 2. That this Resolution shall take effect immediately upon its passage and approval by the Mayor.
On motion of Mr. Walls, seconded by Mr. Smith, that the above resolution be adopted, the following Councilmen voted ‘Yes’, Messrs. Biggs, Harris, Holpp, Massey, Smith and Walls. Mr. Hughes did not vote. The vote in favor being unanimous, Vice Mayor Hayes declared the Resolution adopted.
HORSEY PARKING
Henry Horsey asked to be granted a parking space or spaces at 7 The Green for use of himself and his family. On motion of Mr. Walls, seconded by Mr. Massey, the request was referred to the Safety Advisory Committee.
LITTLE LEAGUE
The Little League requested a donation from City Council to help meet expenses of a District Tournament to be held in Dover August 12 through August 14. On motion of Mr. Holpp, seconded by Mr. Massey, Council authorized a donation of $250.
QUEEN STREET EXTENDED
The State Highway Department offers to extend Queen Street south from Water Street to connect with New Burton Road at a width of 44', provided the City extends its portion of Queen Street from North Street to Water Street at the same width. On motion of Mr. Walls, seconded by Mr. Smith, Council approved the project of the State Highway Department, which will be at their expense, and the construction of the City’s portion of Queen Street at a width of 44'.
PROJECT 28
Bids were received today on Project 28, the construction of sewer lines in the area of Northwest Dover and the construction of West Street from Division to Forest and of Queen Street from North to Water Street. Low bid was received from Edgell Construction $227,688. The sewer portion represents approximately $199,000 of the total. Council decided to examine the cost of the project more closely. On motion of Mr. Holpp, seconded by Mr. Harris, the bids were referred to the Utility Committee.
CARROLL REZONING
A public hearing has been duly advertised for this date on a request to rezone lands of Edyth M. Carroll from R-8 to C-4 use to RG-2 use. Vice Mayor Hayes declared the hearing opened. Harold Schmittinger was present to represent the applicant. No one else was present to speak for or against the proposed rezoning. The Planning Commission has recommended approval. Vice Mayor Hayes declared the hearing closed.
On motion of Mr. Smith, 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 SOUTH OF ROOSEVELT AVENUE.
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-8 and C-4 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-8 and C-4 to RG-2 on those lands of Edyth M. Carroll, containing approximately 14 acres, bounded on the north by Roosevelt Avenue and lands of the John M. Ingram development, on the south by lands of George Pyott, on the east by the St. Jones River, and on the west by lands of the John W. Ingram Development and lands formerly of Edyth M. Carroll, together with a driveway extending westward to U.S. Route #13 between lands of George Pyott and lands formerly of Edyth Carroll.
Passed July 26, 1965
TOMLINSON HEARING
A public hearing has been duly advertised for this date on a request by Oscar R. Tomlinson to move a building from Webbs Lane and relocate it on his property at 163 N. Halsey Road. Vice Mayor Hayes declared the hearing closed. On motion of Mr. Hughes, seconded by Mr. Biggs, Council authorized the moving of the building.
SMITH REZONING
A public hearing has been duly advertised for this date on a request to rezone lands of James G. Smith Jr. from R-20 to C-4. Vice Mayor Hayes declared the hearing open. Nate Cohen was present to represent the owner. No one appeared to speak for or against the request. The Planning Commission recommended the zoning be changed. Vice Mayor Hayes declared the hearing closed.
On motion of Mr. Harris, seconded by Mr. Walls, 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 BETWEEN U.S. ROUTE #13 AND SILVER LAKE.
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-4 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-4 on those lands of James G. Smith Jr. containing approximately 4.66 acres, bounded on the north by lands of Louis Edgell, on the east by U.S. Route #13 and lands of Capitol City Motel, on the south by lands of Capitol City Motel and lands now or formerly of Harrington Scott, on the west by lands of Henry S. Pancoast, lands now or formerly of Dover YMCA, and lands of Louis Edgell.
Passed July 26, 1965
TOWNSEND ACRES
A public hearing has been duly advertised for this date on a request to rezone lands of Townsend Acres Inc. from RG-1 to RG-2. Vice Mayor Hayes declared the hearing opened. Nate Cohen was present to represent the owner. No one appeared to speak for or against the request. The Planning Commission recommended the zoning be changed. Vice Mayor Hayes declared the hearing closed.
On motion of Mr. Harris, seconded by Mr. Walls, 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 EAST OF THE CARAVAN MOTEL.
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 RG-1 to RG-2 in the area described below,
NOW, THEREFORE, BE IT ORDAINED BY HE 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 RG-1 to RG-2 on those lands of Townsend Acres Inc. containing approximately 5.9 acres, bounded on the west by lands of Caravan Motel, on the north by Carvel Drive, on the east by lands within the Towne Point Development, and on the south by lands now or formerly of Kent County Motor Co.
Passed July 26, 1965
CHESAPEAKE UTILITIES
A public hearing has been duly advertised for this date on an appeal by Chesapeake Utilities from a decision of the Appeals Committee of The Plumbing Code of The City of Dover that certain gas line installations are subject to the provisions of the Plumbing Code. Vice Mayor Hayes declared the hearing opened. Harold Schmittinger, Attorney, and Messrs Burton and Phillips were present to speak for the Utility. A copy of the written decision of the Appeals Committee was submitted. Mr. Phillips exhibited a sketch of the installation in question, the gas line which serviced a customer which runs from a gas main, usually located in a public right of way, to and through a gas meter, located on or inside the property of a customer. Mr. Burton outlined the position of the gas company. The utility retained ownership of the gas line and meter servicing the customer. Installation was made according to standards more stringent than those contained in the Plumbing Code of Dover. Tests conducted by the utility on these services were more demanding than those required by the Dover Code. The Dover Code was patterned after a National Code and a similar code adopted in New Castle County Delaware which were designed for gas lines beyond the gas metering point within a structure. To his knowledge, gas line installed by gas utilities to serve customers were subject to no other Plumbing Code in the country. Such codes apply to work ordinarily done by Plumbers and those utility employees installing gas lines to service customers were specialists not to be classified as Plumbers. The Plumbing Code of the City of Dover contained no provisions relating to gas lines which would meet the Utility’s own standards for installation of customers services. Mr. Burton thus believed it was not the intent of the City Council that the Plumbing Code should apply to the Utility. Mr. Schmittinger quoted various sections of the Code which he claimed supported the position of the Utility. City Solicitor Buckson gave his opinion that the definition of Plumber contained in the code included those who installed gas lines, which the gas utility did and which brought the Utility under the provisions of the Code requiring permits and inspection. City Manager Ward explained that the Appeals Committee had determined that the Utility was not subject to the License requirements of the Code, but was subject to the provisions requiring permits and inspection. It was noted that prior to the adoption of the Plumbing Code The Utility has been given the opportunity to review it and had made certain recommendations for changes but had made no request for exclusion from its provisions. Mr. Burton stated they made no such request because they did not think they would be brought under the provisions of the code. He also stated that the inspections required by the code would unnecessarily delay the utility when installing gas service.
After all testimony, and questions and remarks were offered by Councilmen, Vice Mayor Hayes declared the hearing closed.
On motion of Mr. Hughes, seconded by Mr. Holpp, Council by vote of 6 to 1 affirmed the decision of the Plumbing Appeal Committee, Mr. Harris voting ‘No’. City Solicitor Buckson noted that the Utility could request that the Code be amended to exclude them from the provisions of the Code. Councilman Hughes stated that if the required inspection resulted in unreasonable delay in the work of the Utility he would be willing to amend the Code.
WAGES & HOURS
Vice Mayor Hayes turned the chair over to Councilman Holpp and submitted to Council a written report of the Wages & Hours and Legislative & Finance Committee. The report recommended that the increased sum to be received from Municipal Street Aid, $60,000, be allocated to pay street lighting costs of a like amount included in the current budget. An additional sum of $30,000 would be added to the Sewage Plant Budget, with $25,000 for wages and $5,000 for Materials; $20,000 would added to the Police Department Budget with $15,000 for wages and $5,000 for Materials; $10,000 would be added to the Administrative Budget for increases in Clerical salaries. Total personnel at the Sewage Plant would be increased to 13 with grades and salary scale as recommended; and clerical positions would operate under a revised salary scale as recommended. On motion of Mr. Walls, seconded by Mr. Harris, Council accepted the report of the Wages and Hours Committee and approved its recommendations.
TOWNE POINT PARK
City Solicitor Buckson reported that the operators of the Towne Point Development were willing to turn over an area for use as a park or play area for residents of the area. On motion of Mr. Walls, seconded by Mr. Massey, the matter was referred to the Parks and Trees Committee.
CEMETERY
Building Inspector Roe reported that the old cemetery on Silver Lake would be soon cleaned up with the total cost being approximately $3000. He noted that annual maintenance would be costly if assumed by the City. Council discussed the possibility of finding someone to assume responsibility for its care. Building Inspector Roe and Councilman Walls will see if such parties can be found.
Council adjourned at 10:25 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of July 26, 1965 are hereby approved.
Crawford J. Carroll
Mayor
July 30, 1965