REGULAR MEETING
June 8, 1964
The Regular Meeting of City Council was held Monday, June 8, 1964 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
MINUTES
Minutes of the meeting of May 25, 1964 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of the Alderman Cavanaugh was accepted as read. Checks in the amounts of $175.00, $201.00 and $743.00 were remitted to the City. Report of Magistrate Knotts was accepted as read. Checks in the amounts of $20.00 and $980.00 were remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted as read.
Report of the Board of Health was accepted as read.
Report of Cash Receipts General Fund was accepted.
General Fund Budget Report was accepted.
Cash Report, Electric Revenue Fund was accepted.
Cash Report, Electric Improvement Fund was accepted.
Report of the City Manager was accepted.
DP&L REBATE
City Manager Ward reported that notification had been received from Delaware Power & Light Company that they proposed to rebate the City the sum of approximately $77,000. The rebate represents the difference between the rate at which the City has been buying power for resale and the Company’s resale power rate, Schedule #1, which was made effective to certain other customers in May 1963. The offer is the result of the Federal Power Commission’s study of the Company’s resale power rates on complaint of St. Michael’s and Stokely, Maryland. The Company’s offer has not yet been accepted by the active parties in the dispute.
DAB POWER CONTRACT
A supplement to the Dover Air Force Base power contract to be effective June 1, 1964 has been prepared which replaces the present City rate to the Base with a rate offered by the City for loads in excess of 5500 KW. The new rate will run for the duration of the present contract. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized signing of the supplemental contract by the proper City officials.
GENERAL FUND BUDGET
On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous vote adopted the following budget ordinance:
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. The amounts hereinafter named, aggregating One Million, two hundred nineteen thousand, two hundred ninety-one Dollars and Thirty-seven Cents ($1,219,291.37), or so much thereof as may be necessary, are hereby appropriated from current revenues and other funds for the use of the several departments of the Municipal Government, and for the purpose hereinafter mentioned, for the fiscal year beginning July 1, 1964 and ending June 30, 1965, as follows:
General Administration:
Personal Services
Materials and Supplies
Fire Marshal
Donations
Debt Service
Social Security & Group Insurance
Pensions
Electricity
Police Department
Personal Services
Materials and Supplies
Gasoline
Fire Department
Personal Services
Materials and Supplies
Gasoline, Oil & Grease
Donation
Street and Trash Department
Personal Services
Materials and Supplies
Street Resurfacing
Electricity
Incinerator Department
Personal Services
Materials and Supplies
Contractual Services
Sewage Plant and Sewers
Personal Services
Materials and Supplies
Electricity
$ 91,572.00
30,000.00
13,000.00
1,500.00
233,389.37
17,000.00
1,200.00
4,000.00
146,000.00
27,000.00
5,000.00
15,900.00
7,500.00
1,000.00
2,000.00
80,170.00
45,000.00
10,000.00
50,000.00
3,000.00
3,000.00
42,000.00
30,900.00
10,000.00
2,000.00
$ 391,661.37
178,000.00
26,400.00
185,170.00
48,000.00
42,900.00
Water Department
Personal Services
Materials and Supplies
Electricity
Stores Department
Personal Services
Materials and Supplies
Gasoline, Oil & Grease
Parks and Recreation
Personal Services
Materials and Supplies
Donations
Planning Commission
Municipal Street Aid
Capital Expenditures
Total Appropriation
$ 27,000.00
30,000.00
15,000.00
10,460.00
5,000.00
12,000.00
19,200.00
4,000.00
9,500.00
$ 72,000.00
27,460.00
32,700.00
5,000.00
110,000.00
100,000.00
$ 1,219,291.37
Section 2. The City Manager is hereby authorized, without further approval of City Council, to make interdepartmental transfers of up to 10% of the amount herein appropriated to any department.
Passed June 8, 1964
ELECTRIC BUDGET HEARING
Section 505 of the resolution adopted by City Council May 9, 1960 providing for the issue of Electric Revenue Bonds calls for a public hearing to be held in June prior to the adoption of a budget for current expenses of the electric system. On motion of Mr. Smith, seconded by Mr. Hayes, Council directed that the public hearing be held at the meeting of City Council June 8, 1964.
PARKS, PLAYGROUNDS AND TREE COMMITTEE
Councilman Walls submitted a written report of the June 1 meeting of the Parks, Playgrounds and Tree Committee. The report was accepted.
SILVER LAKE CONCESSION
The Parks Committee has approved granting the concession at Silver Lake to Charles Irons, Jr. for the 1964 season on his bid of $50.00 plus costs. Mr. Irons asked for a 3-year concession at a bid of $100 for 1965 and $150.00 for 1966. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized entering into a 3-year agreement with Mr. Irons at the prices bid with the terms of the agreement to be put in writing.
WAGES AND HOURS
Councilman Hayes submitted a written report of the May 27 meeting of the Wages, Hours, Legislative & Finance Committee. The report was accepted. The committee is considering an improvement program to be financed by a bond issue of $1,500,000.
1964 IMPROVEMENTS
The Finance Committee recommended approval of a program of improvements to streets, storm drainage and street lighting for the balance of the year 1964 at an estimated cost of $111,900 to be finance from Municipal Aid and 1963 Bond funds. On motion of Mr. Smith, seconded by Mr. Harris, the program proposed was approved.
CORRESPONDENCE
A letter from Dover High School invited the Mayor and Members of Council to attend the Commencement Exercises of the 1964 graduating class of Dover High School to be held Friday, June 12, 1964 at 7:00 P.M.
A letter from Dr. Eugene J. Truono, President of the Delaware State Dental Society, urged the Council to fluoridate the City water supply and offered support from the Society.
A letter from Howard R. Stewart, Pastor of First Baptist Church, Dover, invited the Mayor or a representative from the City to attend a service of Recognition and Installation for Reverend Claude Fulks as the new pastor of the South Dover Baptist Church to be held at First Baptist Church, Sunday, June 14, at 7:00 P.M. No one could make a commitment to attend.
414 S. State St.
A private corporation plans to demolish a structure at 414 S. State Street and build an office building on the site. A letter from the Friends of Old Dover objected to the plan to demolish the structure a portion of which dates from the 18th century. On motion of Mr. Hayes, seconded by Mr. Walls, the letter was referred to the Planning Commission.
JAY CEE CARNIVAL
The Junior Chamber of Commerce requested permission to hold a carnival on the Willey lot between Route 13 and the Air Base Road on June 15 to 20 inclusive. Carnivals have been held there in past years and complaints had been received. On motion of Mr. Hayes, seconded by Mr. Harris, the request was denied.
Later in the meeting Donald Culver, president of the Jay Cees spoke to Council on the activities of that organization, pointing out that a good portion of their funds came from the carnival and that as a Dover organization they felt they should raise their funds within the City and not at some location outside City limits.
On motion of Mr. Hayes, seconded by Mr. Holpp, the original motion was rescinded.
On motion of Mr. Hayes, seconded by Mr. Walls, Council authorized the Junior Chamber of Commerce to hold the carnival at the Willey location, provided they secure approval from residents and property owners in the area. Mr. Hughes was absent for the last vote.
UTILITY COMMITTEE
Councilman Holpp submitted a written report of meetings of the Utility Committee held on June 1 and June 2. Council accepted the report.
WATER AND SEWER
The Utility Committee reported on their consideration of a number of requests for extension of sewer and water outside City limits, i.e., Rodney Apartments of Max Ambach, Burger-Chef, 1489 S. Governors Avenue, John Bryson, Woods Manor, Mrs. Elizabeth Maloney, White Oak Road. The report recommended adherence to the policy of no extensions outside City limits.
Herman Brown, attorney for Max Ambach, stated that the City had agreed to extension of sewer ad water to a certain defined area owned by Ambach on which construction of a swimming pool was originally planned. The present request was to provide these utilities to a pool already constructed which he admitted was outside the area for which service was approved.
Council entered into a general discussion of policy on extension of sewer and water outside City limits. Councilman Harris stated that outside City limits no zoning or planning authority existed and he believed the City should not permit extension of sewer and water outside its limits as one means of preventing hodgepodge growth. Mr. Hughes pointed out that over the years the City had permitted extension of sewer and water in some instances and denied extension in others and that Council policy was not consistent. City Manager Ward detailed the extension of these utilities over the past twelve years, stated there had been no cost to the City, and the City had made money. He noted that in some instances those who paid to install the lines had been permitted to recapture costs from taps by others on water lines, but in the case of the Rodney Village line no recapture provision or agreement had been made. City Solicitor Buckson stated that where no contract or agreement to the contrary existed the Council could permit or deny those outside City limits to tap City sewer or water lines. He pointed out that where the City denied the use of City facilities they could not prevent property owners from drilling wells or installing septic tanks. Mr. Harris noted that the City ordinance prohibited drilling wells into the strata which served the City, but did not prohibit shallow wells. The City Solicitor was asked to determine who owned the water line serving the Rodney Village area. Mayor Carroll pointed out that although sewer and water lines were installed outside City limits at no cost to the City, under the Land Subdivision Regulations sewer and water lines inside the City also were being installed at no cost to the City, as were also streets, curbs, sidewalks and street lights. General discussion continued.
On motion of Mr. Holpp, seconded by Mr. Hughes, Council by vote of 5 to 2 authorized extension of City sewer and water to serve the Rodney Apartments swimming pool. Mr. Biggs and Harris voted ‘No’, Mr. Massey did not vote.
On motion of Mr. Hughes, seconded by Mr. Walls, Council by vote of 5 to 3 authorized extension of City sewer and water to the Burger-Chef. Messrs. Biggs, Harris and Smith voted ‘No’.
On motion of Mr. Hughes, seconded by Mr. Walls, Council denied permission to extend water to John Bryson and Mrs. Elizabeth Maloney, by vote of 7 to 1. Mr. Holpp voted ‘No’.
Mayor Carroll stated that the actions of Council established no consistent policy and would result in consideration of each individual request for City utilities outside City limits by City Council. Councilman Hayes stated that sewer and water lines existed in front of the two properties where taps were approved but that water lines were not in front of the latter two properties.
WDOV TELESERVICE
The Utility Committee had reviewed and recommended certain provisions in a proposed contract between Delaware Teleservice and the City of Dover which had been accepted by that Company. On motion of Mr. Holpp, seconded by Mr. Hughes, Council authorized and approved the contract between Delaware Teleservice and the City of Dover.
CONTRACT #14
City Manager Ward reported that construction of the White Oak sewage pumping station by Wicomico Construction Co. was lagging far behind the time limit set forth in the contract and he would direct a letter to that effect to the contractor.
CONTRACTS #5 AND #10
Construction of a sewage pumping station and gravity sewer in Hazlettville Road by Wm. Mitten & Sons extended beyond the time limits set in Contracts #5 and #10. No damage has been caused the City by the delay and the Utility Committee recommended no liquidated damages be claimed. A question also existed as to whether $4000 should be withheld from payments on Contract #5 for possible leaks or whether the performance bond would cover such eventuality. On motion of Mr. Holpp, seconded by Mr. Hayes, Council waived claim for liquidated damages and authorized payment of all funds due Mitten, provided the City Solicitor determines after examining the performance bond that all claims would be covered.
SHERWOOD PARKLAND
Council discussed the sale of giving away of small plot of land in Sherwood #4 dedicated to the City for park use which is too small for an adequate playground. City Solicitor Buckson stated that the City could give a quit claim deed for the land but recommended that the land be sold if Council wishes to dispose of it, rather than being given away. On motion of Mr. Walls, seconded by Mr. Hayes, the matter was referred back to the Parks and Playgrounds Committee.
SAFETY REPORT
Councilman Walls submitted a written report of June 1 meeting of the Safety Advisory Committee which was accepted by Council.
ORDINANCE TRUCK LOADING ZONE
On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROVIDING FOR THE CREATION OF A TRUCK LOADING ZONE ON A PORTION OF LOOCKERMAN STREET LYING EAST OF NEW STREET.
WHEREAS, the City of Dover deems it advisable and in the best interests of the City to provide certain designated areas for the purpose of loading and unloading of trucks, and
WHEREAS, The Mayor and Council, after due consideration, have deemed a portion of Loockerman Street be designated as a loading zone.
NOW, THEREFORE, BE IT ORDAINED By the Mayor and council in Council Met:
1. That area of Loockerman Street beginning at a point 75' east of the intersection of the northerly line of Loockerman Street and the easterly line of New Street extending in a westerly direction along the said northerly line of Loockerman Street a distance of 44' shall be designated as a truck loading zone.
2. Said area as described above shall be limited between the hours of 9:00 A.M. and 3:00 P.M. as an area for the sole purpose of loading and unloading trucks.
3. In compliance with the provisions of Paragraph 1 and 2 above said area shall be designated by the placement of signs as a truck loading zone and the Police Department of the City of Dover is hereby authorized and empowered to install said signs.
4. Any person, firm, association or corporation convicted by a competent court of violating any of the provisions of this ordinance shall be fined not less than $2.00 nor more than $50.00.
Passed June 8, 1964
SOLICITOR REPORT
City Solicitor reported that with Council’s approval the Scull condemnation had been settled out of court at a price of $2500 per acre. No decision has been made on Ross Street.
Council adjourned at 11:40 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of June 8, 1964 are hereby approved.
Crawford J. Carroll
Mayor
June 10, 1964