REGULAR MEETING
March 22, 1965
The Regular Meeting of City Council was held Monday, March 22, 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 the Rev. Leonard Taylor.
MINUTES
Minutes of the meeting of March 8, 1965 were accepted and bore the written approval of Mayor Carroll.
LEGISLATIVE & FINANCE COMMITTEE
Councilman Hayes submitted a written report of a meeting of the Legislative & Finance and Wages & Hours Committee held March 15 which was accepted by City Council.
HOUSING CODE
The Legislative and Finance Committee recommended that the Housing Code ordinance be amended to provide for enforcement by the Building Inspector rather than the Health Inspector. On motion of Mr. Hughes, seconded by Mr. Hayes, Council by unanimous vote adopted the following:
AN ORDINANCE AMENDING THE HOUSING CODE OF THE CITY OF DOVER.
WHEREAS, the Mayor and Council of The City of Dover in Council Met on the 27th of February, 1961, adopted a Housing Code for the City of Dover, and
WHEREAS, it is now deemed by the Mayor and Council to vest the powers, authority and duties for the enforcement of said Housing Code in the Building Inspector of The City of Dover,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That the Housing Code of the City of Dover adopted February 27, 1961 is hereby amended as follows:
1. That from and after the passage of this amendment Subsection 1.9 of Section 1 entitled DEFINITIONS shall be deleted in full and in lieu thereof shall be inserted a new section re-designated Subsection 1.9 of Section 1 entitled DEFINITIONS which will read as follows:
Building Inspector shall mean the legally designated building inspector of The City of Dover or his authorized representative.
2. That wherever the words “health inspector” appear in any section or sections of the aforesaid Housing Code of The City of Dover, the words “building inspector” shall be inserted in lieu thereof, whereby the said building inspector would be fully authorized, empowered and directed in lieu of the said health inspector to carry out and enforce the said Housing Code.
3. That the effective date of this amendment shall be March 22, 1965.
Passed March 22, 1965.
FARMERS BANK LEFT TURN
The Safety Advisory Committee has recommended the passage of an ordinance prohibiting left turns from State Street into the Farmers Bank parking lot. On motion of Mr. Walls, seconded by Mr. Biggs, Council by vote of 6 to 1 passed the following ordinance, Mr. Hughes voting ‘No’.
AN ORDINANCE PROHIBITING LEFT TURNS FROM THE NORTH BOUND LANE OF SOUTH STATE STREET INTO THE FARMERS BANK PARKING LOT IMMEDIATELY ADJACENT TO THE NORTH SIDE OF THE CAPITOL THEATER BUILDING
WHEREAS, the present traffic pattern at the entrance to the Farmers Bank parking lot creates a hazard to the free flow of traffic at said location, and
WHEREAS, the Mayor and Council of the City of Dover by virtue of the power vested in them are authorized and empowered to regulate traffic within the City of Dover, and
WHEREAS, this power has been duly delegated to the Police Department of The City of Dover:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That from and after the passage of this Ordinance:
1. It shall be unlawful at all times for the operator of any motor vehicle to negotiate a left turn from the north bound lane of South State Street into the Farmers Bank parking lot immediately adjacent to the north side of the Capital Theater Building.
2. That the Police Department is hereby authorized and empowered to install any and all necessary signs and symbols restricting the making of left turns at said location.
3. Any person violating the provisions of this Ordinance shall, upon conviction, be fined not less than $2.00 nor more than $5.00 and in lieu of non-payment of the fine as prescribed above, said person shall be imprisoned for a period of not more than five (5) days.
Passed March 22, 1965.
ASST. TO BUILDING INSPECTOR
The Legislative & Finance Committee recommended that the Building Inspector be authorized to employ a second assistant, that the salary of both assistants range from $85 to $120 per week, that uniforms be provided, and that purchase of a compact car be authorized for each assistant. On motion of Mr. Hayes, seconded by Mr. Smith, Council authorized the Building Inspector to carry out the above recommendations.
ANNEXATION ELECTION
The Kent County election officials who conducted the referendum March 13, 1965 on the question of annexing an area in the vicinity of South Little Creek Road and U.S. Route 113 to the City of Dover, certified to Council the result of the election to be 744 votes in favor of annexation and 390 votes against annexation. A letter from Harold Schmittinger, attorney for Ernest Zimmerman and other property owners on S. Little Creek Road who opposed annexation, noted that certain property owners were permitted to cast ballots representing the full assessment of certain properties of which they were only part owners in violation of the Charter provisions concerning voting on annexation. Balloting as noted by Mr. Schmittinger had been permitted upon advice of City Clerk Neylan and was in error. City Solicitor Buckson advised Council that they could simply not accept the results of the referendum as certified and provide for another referendum or not, as they saw fit.
Henry Ridgely, Attorney submitted a second request from Thomas C. Roe and Wife, and Elizabeth and Clement Noble requesting that the City annex their tract of approximately 76.5 acres which had been included in the referendum of March 13. Representatives of Puella & Baldini, owners of an adjoining tract, have also expressed their continued desire for annexation. Council favored holding a second referendum which would exclude the properties of Zimmerman, Worrall, Danner and Clark, which properties had been included in the referendum of March 13.
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote 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, the Charter of the City of Dover authorizes 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:
NOW, THEREFORE, BE IT RESOLVED:
1. That the following territory situate in East Dover Hundred, Kent County, State of Delaware , as more particularly bounded and described by detailed description, be annexed to The City of Dover, to wit:
BEGINNING at a point being the southeasterly corner for lands of Neil E. & Mary Jane Clark and a northeasterly corner for lands of Pullella & Baldini; thence on two lines in a westerly and northerly direction being a dividing line between the southern boundary of lands of Neil E. & Mary Lane Clark, and others, and a northern boundary of lands of Pullella & Baldini, and a dividing line between the western boundary of lands of Ernest Zimmerman and an eastern boundary of lands of Pullella & Baldini to the south right of way line of South Little Creek Road; thence with the said right of way line of South Little Creek Road in a westerly direction to the easterly line of the East Dover Elementary School; thence with the said school lands in a southerly direction to a corner for the said school lands and lands now or formerly of John Roe; thence with the division line between the said school lands in part and the said Roe lands in a westerly direction to the westerly right of way line of U.S. Route 113; thence with the said westerly right of way line of U.S. Route 113 in a southerly direction to a point opposite the division line between the lands now or formerly of John Roe and lands of William Richter; thence crossing U.S. Route 113 and with the said division lines between lands of John Roe and William Richter in part and Pullella & Baldini and William Richter in part to the easterly property line of lands of Pullella & Baldini; thence with the said easterly property line of lands of Pullella & Baldini in a northerly direction home to the place of beginning, be the contents what they may.
2. That an election be held on the 24th day of April 1965 between the hours of 1:00 P.M. and 7:00 P.M. at City Hall on the Plaza in Dover, Kent County, Delaware for the purpose of submitting the question of annexation of the above area to the persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of The City of Dover as amended, and the Laws of the State of Delaware.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the date of said elections.
Adopted March 22, 1965.
HIGHWAY AGREEMENT
An agreement between the State Highway Department and the City of Dover was presented for Council’s approval for the reconstruction of North Little Creek Road, and its maintenance, a provision of which requires the City to pay 25% of any right of way to be purchased, but not in excess of $3750. On motion of Mr. Massey, seconded by Mr. Hayes, Council authorized completion of and gave its approval to the agreement.
ZONING HEARING
A public hearing was duly advertised for this date on a request by Woodbrook Realty Co. to rezone a portion of the Woodcrest subdivision from C-1 to C-1A. The Mayor declared the hearing open. Walter J. Ellis stated that the reason for the request was to remove the limitation of 2000 square feet of floor space in a business establishment imposed in the C-1 zone. The Planning Commission recommended approval of the request. Mr. Ellis answered questions of City Council. No one appeared to oppose the change. Mayor Carroll declared the hearing closed.
On motion of Mr. Walls, seconded by Mr. Massey, 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 IN A DEVELOPMENT KNOWN AS WOODCREST.
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 C-1 to C-1A in a portion of a development known as Woodcrest,
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 C-1 to C-1A in that area bounded on the south by Walker Road, on the east by lands of the Dover Special School District, on the north by Woodcrest Drive and Woodcrest Turn, and on the west by a drive adjoining lands of Suburban Propane Gas Corporation.
Passed March 22, 1965.
PROJECT 27A
Bids had previously been requested on Project 27A, providing black top on streets included in Project 27, and only one bidder responded. Council had tabled the bid for further study. The City Engineer reported that the bid contained the lowest unit price for black top ever received and that the bidder was the only one whose plant would be in operation in time to supply the materials by April 1, as requested. It was therefore recommended that the contract be awarded. On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved award of Project 27A to Delaware Roads on their bud of $39,000.
LOPER LAND
City Manager Ward reported to City Council that Everett Loper apparently had changed his mind about selling a plot of land to the City for a substation location or other City use. He suggested that the City take the necessary steps to secure a plot of Robino land which had originally been considered. Council discussed the relative merits of the different plots. On motion of Mr. Holpp, seconded by Mr. Hayes, authorized the City to take whatever action is necessary, including condemnation, to secure the Loper Land.
GENERAL FOODS TRASH
General Foods Corporation and the City have an agreement under which the City collects and disposes of all trash from their plant. General Foods has asked that the agreement be terminated with the intention of caring for their own requirements. Collection is now a seven day per week operation. City men and equipment now used could be put to work elsewhere. On motion of Mr. Hayes, seconded by Mr. Massey, Council approved the request to terminate the agreement pertaining to trash collection.
RICHARDSON ANNEXATION
City Manager Ward reported he had talked to William Richardson regarding the possible annexation of property owned by various members of the Richardson family on Silver Lake north of Walker Road. The properties form an island within present City limits. The Richardsons would not approve annexation at this time.
POLICE STATION
Councilman Walls reported a committee recommendation that lands of John Lepore, approximately three acres, adjoining the Water Street Recreation area be purchased as the site for Police Station at a price of $15,000 and that the firm of Pope & Kruse be retained as architects for the building. On motion of Mr. Hayes, seconded by Mr. Hughes, Council approved purchase of the Lepore land for the Police Station site. On motion of Mr. Massey, seconded by Mr. Biggs, Council approved retaining the firm of Pope & Kruse as architects for the building.
TIDEWATER SEWER AND WATER
The Delaware Public Service Commission notified the City of Dover that the Commission has accepted for filing an application by Tidewater Utilities, Inc. to own and operate a water and sewer utility in Kent County from a location north of Delaware State College. The proposed service area adjoins Dover’s present City limits and includes most of the area in which a referendum on annexation will be held on April 3. On motion of Mr. Holpp, seconded by Mr. Hayes, Council directed that a letter be written to the Delaware Public Service Commission expressing the opposition of the City of Dover to the application of Tidewater Utilities, Inc.
ANNOUNCEMENTS
Mayor Carroll announced that the Laurel, Maryland race track was holding Dover Day on March 24, 1965 to which the Mayor and Council and their wives were invited.
Mayor Carroll announced that the Delaware League of Local Government, formerly Delaware Mayors Association, meets monthly and Councilmen are invited. He is now president of the group, which will meet this month in Dover on March 26.
TEMPORARY ROAD
Two years ago the City constructed a temporary road between the Hartly and Hazlettville Roads by agreement with William Holden, the Dover Housing Authority, and Walker Mifflin. The agreements expire on or about April 1, 1965. The need for the road still exists. On motion of Mr. Hughes, seconded by Mr. Walls, the City Manager was directed to negotiate with the parties for extension of the agreements, of which Council approves.
BOND REFUNDING
A letter from The First Boston Corporation stated they have roughly calculated that an Advance Refunding of the City of Dover Electric Revenue Bonds could result in a savings of over $1,000,000 in interest payments. They offered to talk further with the City before completing a study. On motion of Mr. Walls, seconded by Mr. Holpp, the matter was referred to the Legislative & Finance Committee.
WHATCOAT CEMETERY
A letter from Mrs. Ida M. Dawes, 209 E. Camden-Wyoming Ave., Camden, Del., objected to the neglect of the Whatcoat Cemetery at Slaughter & North Streets. The Solicitor informed Council that a law pertaining to old cemeteries was being introduced in the State Legislature. The Whatcoat Cemetery is the property of Wesley Methodist Church. On motion of Mr. Walls, seconded by Mr. Hayes, the letter was referred to the Trustees of Wesley Church.
WELFARE LABOR
A letter from the State Department of Public Welfare called attention to the State law authorizing the use of recipients of public assistance on municipal work projects. Application for approval of such projects is made to the Department of Public Welfare. On motion of Mr. Hughes, seconded by Mr. Hayes, the matter was referred to the City Manager.
CLEAN-UP WEEK
Councilman Hayes noted that Fire Companies usually sponsor a Spring Clean-up Week and he believed Dover should support the program. On motion of Mr. Hayes, seconded by Mr. Smith, the Fire Marshal was authorized to expend such funds as are necessary to publicize and support a Clean-Up Week in Dover.
ANNEXATION LETTER
On motion of Mr. Smith, seconded by Mr. Walls, the Mayor and City Manager were authorized to prepare and circulate a letter urging support of the annexation referendum on April 3 among the property owners and residents of the areas being considered.
Council adjourned at 9:45 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of March 22, 1965 are hereby approved.
Crawford J. Carroll
Mayor
March 25, 1965