REGULAR MEETING
April 9, 1962
The regular meeting of City Council was held Monday, April 9, 1962 at 7:30 P.M. with Mayor Carroll presiding. Councilmen Hayes, Hill, Holpp, Hughes, Turner, Walls and Zartman were present.
The invocation was said by the Rev. Walter Stone.
MINUTES
Minutes of the meeting of March 26, 1962 were accepted as read and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for December was accepted as read.
Report of Alderman Shockley was accepted as read. Checks in the amounts of $187.00 and $204.25 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $830.50 was remitted to the City. Report of Magistrate Cavanaugh was accepted as read. A check in the amount of $1300.50 was 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 the City Assessor was accepted as read.
Report of General Fund Cash Receipts was accepted as read.
Report of General Fund Budget was accepted as read.
Report of Electric Revenue Fund and Electric Improvement cash receipts and expenditures was accepted as read.
Electric Department operating report was accepted as read.
Report of City Manager was accepted as read.
TAX ASSESSMENT APPEALS
The committee of Council appointed to hear tax assessment appeals reported that none had been received.
The Mayor declared that Council would hear tax assessment appeals. No one was present to make an appeal.
TAX RATE
On motion of Mr. Hayes, seconded by Mr. Zartman, Council set the tax rate for 1962 at 90¢ per $100 of assessed valuation.
1963 TAX ASSESSMENTS
Mr. Zartman moved that tax assessment for the year 1963 be established at 100% of appraised value, rather than at 60% as at present. The motion was seconded by Mr. Hayes. Following discussion, Mr. Holpp, seconded by Mr. Mowlds, moved that the motion be tabled. The motion to table was defeated by a vote of 6 to 2, Mr. Hughes and Mr. Mowlds voting ‘No’.
Mr. Hill, seconded by Mr. Turner, moved that Legislative & Finance Committee be directed to study the matter of revision of tax assessments and report their recommendations to Council. Council unanimously approved.
APPOINTMENTS
On motion of Mr. Hughes, seconded by Mr. Mowlds, Council approved appointment of Lamar Pierce as a member of the Dover Parking Authority for an term which expires June 30, 1966. Mr. Pierce succeeds Mr. Joshua Twilley.
On motion of Mr. Mowlds, seconded by Mr. Walls, Council approved appointment of Howard Stevenson as a member of the Dover Housing for a term which expires August 15, 1967. Mr. Stevenson succeeds Mr. L. Lee Layton as a member of the Dover Housing Authority.
PARK & TREE COMMITTEE
On motion of Mr. Hughes, seconded by Mr. Walls, Council approved appointment of Councilman Mowlds Chairman of the Parks, Playgrounds and Tree Committee, replacing Mr. Turner, who continues as a member of the committee.
TOW-AWAY ORDINANCE
Council discussed the provisions of a proposed tow-away ordinance. The City Solicitor will draft a proposed ordinance and submit it for consideration of Councilmen before the next meeting of Council.
FREE PARKING
A letter from the downtown merchants association requested Council to authorize free parking in all metered spaces on Friday, April 13, a special sale day. On motion of Mr. Mowlds, seconded by Mr. Walls, the request was approved provided the merchants provide covers for the meters on which is stamped ‘Compliments of the City of Dover’.
VOTING MACHINES
City Solicitor Buckson reported that the New Castle County Board of Elections has been permitting municipalities in that County the use of their voting machines, although there was no authorization in the State law except in the case of the City of Wilmington. On motion of Mr. Zartman, seconded by Mr. Walls, the Clerk was directed to write the Kent County Board of Elections to determine whether they would permit the City of Dover to use their voting machines in City elections.
ZONING AMENDMENT
Council discussed the proposed amendment to the Zoning Ordinance which would give Council the option of referring proposed amendments tot he Planning Commission. Solicitor Buckson pointed out that this amendment had already been referred to the Planning Commission and their recommendation received. He suggested that Council proceed to set a date and hold a public hearing on the proposed amendment and then accept or reject the amendment as they saw fit. In this way there would be no question as to whether the procedure was legal. Councilman Hughes objected, saying that no ordinance passed by a former Council could bind a present Council as long as the requirements of the Charter or the State Law were met. He stated his belief that the requirements of the State law relating to a public hearing applied only to direct zoning provisions and not to a section on amendments. On motion of Mr. Zartman, seconded by Mr. Hayes, Council directed that a public hearing on the proposed zoning ordinance amendment be held at the Council meeting of May 14, 1962. Mr. Hughes and Mr. Turner voted ‘No’. Mr. Hughes stated that the action was illegal and proposed to obtain a court ruling on the matter.
LAYTON SIDEWALK
Council discussed its requirement for installing sidewalk when new building permits are issued, and in particular the case of Dr. Robert Layton who is building a residence on a triangular piece of ground bounded by Walker Road is outside the City limits. Council directed that the State Highway Department be consulted before a decision is made.
URBAN RENEWAL
Myron Lamb, Redevelopment Director, informed Council that the additional studies in the renewal area would probably be completed this week. He suggested that a meeting then be held with the entire Council to go over the project. Council agreed to meet for that purpose on next Monday evening.
Mr. Lamb read to Council a letter of transmittal accompanying a report of activities concerned with the renewal program which he asked Council to approve prior to its being forwarded to the Federal renewal agency. On motion of Mr. Turner, seconded by Mr. Holpp, the report and letter were approved. Messrs Hill and Hayes voted ‘No’.
UTILITY COMMITTEE REPORT
The Utility Committee submitted a written report of its meeting held Tuesday, April 3. On motion of Mr. Walls, seconded by Mr. Zartman, the report was accepted.
AMBACH UTILITIES
Mr. Max Ambach requested Council extend water and sewer to an apartment project which he proposes to build at the intersection of Governors Avenue and Webbs Lane. Mr. Ambach owes the City a sum of money for relocating electric utilities when Rodney Village Shopping Center was built. Council decided that this obligation should be settled before any further projects are considered.
ALBRIGHT & FRIEL REPORT
The committee reported it had received the initial study be Albright & Friel on the matter of annexing the area to the east of the present City limits. It asked additional time to study the report before making any recommendation to Council. Council indicated that the next area to be studied should be that embracing Rodney Village and that referendums including the areas both east and south of the City might be held on the same date.
DOVER DAY RESOLUTION
On motion of Mr. Hayes, seconded by Mr. Zartman, Council by unanimous vote adopted the following resolution:
WHEREAS, Dover Day has become a proud tradition of The City of Dover dependent for its perpetual existence upon the interest of the residents and property owners of our City, and
WHEREAS, is has become a nationally publicized weekend of visitation and inspection by people from everywhere interested in their heritage, and
WHEREAS, The City of Dover should be proud of its place in the history of our country as the Capitol of the first State.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of The City of Dover that the week of April 30 through May 6 be and is hereby decreed as “Week of Welcome” to our visitors from near and far with appropriate action being taken by all people of Dover to present to our visitors a City worthy of recognition, visitation and praise.
AND be it further resolved that he City Administration, the merchants, businessmen and residents take all measures available to beautify our City and thereby cultivate continues pride.
Passed April 9, 1962.
MINOR STREET
A letter from the Robbins Hose Company declared that the power lines on North Street were a hazard to fire fighting and requested that they either be placed underground or relocated on the north side of the street. The City Manager will study the situation and report back at the next meeting of Council.
SEWAGE PLANT ADDITION
A resolution was presented authorizing taking bids for certain additions of the primary sewage treatment plant. Councilman Hill asked whether the proposed additional construction would be adequate to care for areas proposed for annexation or whether new construction would be required within a short period of time. The reply, in essence, was that the presently proposed additions would provide adequate primary treatment of sewage from the proposed annexed area, but that it was impossible to determine at this time whether the degree of pollution of the St. Jones River would be considered so high by the Stream Pollution Commission that they would require the installation of secondary treatment facilities. In any event, the additions proposed at this time would be required.
On motion of Mr. Zartman, seconded by Mr. Hayes, Council by unanimous vote adopted the following resolution:
RESOLUTION PERTAINING TO CONTRACT #4 FOR ADDITIONS TO SEWAGE TREATMENT WORKS OF THE CITY OF DOVER
WHEREAS, the Mayor and Council of The City of Dover have deemed it necessary for the health, sanitation and welfare of the residents of The City of Dover to enlarge and improve the primary Sewage Treatment Works of The City of Dover, and
WHEREAS, the United Stated Department of Health, Education and Welfare has tendered a grant to The City of Dover under Public Law 660 subject to bids for any work performed being properly advertised, and
WHEREAS, plans and specifications have been drawn and written by Albright & Friel, Sanitary Engineers, and approved by all State, Federal and Municipal Departments of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED that advertising for Contract #4 for bids on said work begin on April 10, 1962 with bids to be opened at 2:00 P.M. Eastern Daylight Saving Time on May 17, 1962, at City Hall and award made thereafter subject to such conditions and terms as are deemed appropriate.
Passed April 9, 1962.
Council adjourned at 11:15 P.M.
F. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 9, 1962 are hereby approved.
April 11, 1962 Crawford J. Carroll Mayor