REGULAR MEETING
April 26, 1965
The Regular Meeting of City Council was held Monday, April 26, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
The invocation was said by the Rev. Hubert F. Jicha Jr.
MINUTES
Minutes of the Regular Council meeting of April 12, 1965 and the Special Council meeting of April 22, 1965 were accepted and bore the written approval of Mayor Carroll.
LEGISLATIVE COMMITTEE
Councilman Hayes submitted a written report of a meeting of the Legislative & Finance Committee held April 19, 965. The report was accepted.
REVENUE BOND REFINANCING
The Legislative & Finance Committee met with representatives of The First Boston Corporation to discuss the possibility of refinancing the 1960 Electric Revenue Bonds. The present bond market appears favorable to such a project which would result in reduced financial cost to the City. The Committee recommends that if Council is interested in such a proposal the firm of Harriman & Ripley be consulted because they handled the original bond issue and last year offered to handle a refunding issue. On motion of Mr. Harris, seconded by Mr. Walls, the Legislative & Finance Committee was authorized to consult with the firm of Harriman & Ripley on the possibility of refunding the 1960 Electric Revenue Bonds.
GO BONDS
The Legislative & Finance Committee recommended that the necessary resolutions be prepared to provide for the scale of $2,000,000 General Obligation Bonds authorized in the January referendum, on June 2, 1965. On motion of Mr. Harris, seconded by Mr. Walls, Council directed that its bond counsel, Reed, Hoyt, Washburn & McCarthy be requested to prepare the necessary resolutions to provide for the sale of the bonds.
ANNEXATION
Council considered the results of a referendum held April 3, 1965 on the question of annexing to the City an area located west and north of the present limits. The result certified by election officials was 2192 votes in favor of annexation, 2134 votes against. Action had been tabled at the April 12 meeting. Petitions and protests have been received to the proposed annexation. A letter was read to Council from the Hope heirs who originally requested annexation, asking that their request be withdrawn. On motion of Mr. Hayes, seconded by Mr. Holpp, Council unanimously decided not to accept the result of the referendum election of April 3, 1965.
Council considered a referendum on annexation of areas west and north of the present City limits with boundaries differing from that on which the April 3 referendum was held, an area south of the Hartly Road would be deleted and an area east of McKee Road added. Councilman Hayes suggested that action be deferred until residents in the area are surveyed. Councilman Harris noted that voting is according to assessed valuation of property and unless the law is changed the number of individuals for or against the proposal is not pertinent. The result of a referendum would express the desire of qualified voters in the manner established by State law.
On motion of Mr. Holpp, seconded by Mr. Harris, Council by vote of 7 to 1 adopted the following Resolution, Mr. Hayes voting ‘No’.
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 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:
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:
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 point in the easterly right of way line of the Delaware Railroad where the said line is intersected by McKee Run; thence in an easterly direction with the said McKee Run to Silver Lake, thence with the westerly side of Silver Lake in part and with Fork Branch in part to the northerly property line of the College Settlement Company as shown on a plot of record in the Office of the Recorder of Deeds in and for Kent County; thence with the said northerly property line of the College Settlement Company in a westerly direction to the easterly right of way line of the Delaware Railroad Company in a northerly direction to the southerly right of way line of Dennys Road; thence with the said southerly right of way line of Dennys Road in a westerly direction to the westerly right of way line of the Kenton Road; thence in a southerly direction with the westerly right of way line of Kenton Road in part and with the westerly property line of lands now or formerly of the Hope Heirs in part to the northerly right of way lien of the Hartly Road in an easterly direction to the easterly right of way line of Saulsbury Road; thence in a northerly direction with the easterly right of way line of Saulsbury Road to the southerly right of way line of Fulton Street Extended; thence in an easterly direction with the southerly right of way line of Fulton Street Extended to the easterly right of way line of the Delaware Railroad; thence with the easterly right of way line of the Delaware Railroad in a northerly direction to the northerly right of way line of Walker Road; thence with the northerly right of way line of Walker Road in a westerly direction to the easterly right of way line of McKee Road; thence with the said easterly right of way line of McKee Road in a northerly direction to the southerly property line of lands of Baxter McKee; thence with two line of the Baxter McKee Lands in a westerly and northerly direction of College Road in an easterly direction to the easterly right of way line of the Delaware Railroad; thence with the easterly right of way line of the Delaware Railroad in a southerly direction home to the place of beginning be the contents what they may.
2. That an election be held on the 12th day of June 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 election.
Adopted April 26, 1965
ORDINANCE
Council considered the adoption of an ordinance providing for a stop sign at the intersection of Legislative Avenue and Loockerman Street. On motion of Mr. Walls, seconded by Mr. Smith, Council by unanimous vote passed the following ordinance:
AN ORDINANCE PROVIDING FOR THE ERECTION OF A STOP SIGN ON THE CORNER OF LEGISLATIVE AVENUE AND LOOCKERMAN STREET.
WHEREAS, Title 21, Delaware Code, Section 505, vests in the Local authorities the right to install signs notifying the drivers of motor vehicles to come to a full stop, and
WHEREAS, the Police Department of the City of Dover had deemed it necessary and advisable to install such stop sign at the intersection of Legislative Avenue and Loockerman Street.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL IN COUNCIL MET that:
1. No vehicle shall enter onto East Loockerman Street from that portion of Legislative Avenue which lies immediately adjacent to the new Dover Post Office without first coming to a full stop, nor shall any individual operate a motor vehicle so as to enter East Loockerman Street from the new extension of Legislative Avenue without first stopping.
2. The Police Department of the City of Dover pursuant to Title 21, Delaware Code, Section 505, is hereby authorized and empowered to install the necessary stop sign at the westerly side of the new extension of Legislative Avenue where said Legislative Avenue enters into East Loockerman Street.
3. Any violation of the provisions of this ordinance shall result in prosecution under the laws of the State of Delaware, and fines and/or imprisonment shall be as provided in the applicable provisions of the Delaware Code.
Passed April 26, 1965
REFERENDUM
The Kent County Election officials who conducted a referendum April 24, 1965 on the question of annexing to the City of Dover an area adjacent to the present limits in the vicinity of South Little Creek Road and U.S. Route #113 certified to Council the results of the election to be as follows: For inclusion within the City of Dover, 835 votes; Against inclusion within The City of Dover, 90 votes. On motion of Mr. Harris, seconded by Mr. Walls, Council accepted the result as certified.
On motion of Mr. Harris, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution annexing the area to the City of Dover:
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, there were 835 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 90 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 described area shall be annexed to and included within the limits of the City of Dover:
ALL those 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 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 Jane 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 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 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 April 1965 at 12:01 A.M. o’clock, Eastern Daylight Saving Time.
Adopted April 26, 1965
REZONING REQUEST
Thomas Roe and Elizabeth Roe Noble requested City Council to change the zoning on the Roe farm east of U.S. Route 113 from its present R-20 designation to Highway Commerce, C-4. A public hearing is required prior to any change in the zoning map or zoning ordinance:
On motion of Mr. Holpp, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution, and referred the request to the Planning Commission for recommendation.
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 on the east side of U.S. Route #113, south of the South Little Creek Road, is presently zoned for R-20 use, and
WHEREAS, a request has been received 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 May 24, 1965 on a proposed amendment to the zoning ordinance and zoning map of The City of Dover which would change from R-20 to C-4 use a certain area bounded on the west by U.S. Route #113, on the north by the present C-4 zone and lands of Dover East Elementary School, on the east by lands of Edward & Winona Abbott and lands of Pullella & Baldini, and on the south by lands of William Richter, all being lands of Thomas C. Roe and Elizabeth Roe Noble and containing 91 acres, more or less.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted April 26, 1965
REZONING BUDD STREET
A public hearing had been held on February 22, 1965 on a proposed amendment to the zoning map which would rezone from RG0 to C-2 use an area south of Budd Street between State Street and Kings Highway. Action on the rezoning had been tabled and Council has in the meantime adopted a more limited zoning designation known as C-2A. The City Council has in the meantime adopted a more limited zoning designation known as C-2A. The City Council was informed by the Solicitor that the more restrictive zoning could be applied to the area without further public hearing. Property owners in the area have requested the limited zoning.
On motion of Mr. Hayes, seconded by Mr. Harris, Council by vote of 7 to 1 passed the following ordinance, Mr. Hughes voting ‘No’.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF AN AREA SOUTH OF BUDD STREET.
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 RG0 to C-2A in an 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 RG0 to C-2A, Limited Central Commercial Zone, in that area bounded on the north by Budd Street, on the west by State Street, on the east by Kings Highway, and on the south by lands now or formerly of Wilmington Trust Company presently zoned for C-2 use.
Passed April 26, 1965
DOVER LEASING CURB
Dover Leasing Company requested permission to Council to depress the curb on Clara Street at their property for a distance of 40 feet beginning at a point approximately 12 feet west of West Street. The Chief of Police saw no objection. On motion of Mr. Hayes, seconded by Mr. Biggs, Council approved the curb depression. A zoning variance may be required on the width of the depression.
CHICKEN FESTIVAL
A letter from the Delmarva Poultry Industry asked whether Dover was interested in holding the 1966 Chicken Festival in this City. Council referred the letter to the Chamber of Commerce. They replied they were interested but did not want to be responsible for the project. On motion of Mr. Harris, seconded by Mr. Hayes, Council directed that the DPI be informed Dover was not interested in the 1966 festival.
WESLEY COLLEGE
A letter from Wesley College requested permission of Council to block off the street in the vicinity of Fulton and Bradford Street on Saturday May 1 so they could hold their annual May Pole Dance. Building Construction prevents use of their campus lawn. On motion of Mr. Holpp, seconded by Mr. Walls, permission to block off the street was granted.
WDOV
A letter from WDOV invited members of Council to a broadcast to be held Thursday, April 29, beginning at 10:00 A.M. at the Mr. Donut Shop.
KLINE LETTER
A letter from Robert L. Kline, DDS protested the condition of the area in which the ‘Foreign Car Service’ is operated on Forest Street. On motion of Mr. Hayes, seconded by Mr. Biggs, the matter was referred to the Building Inspector.
PSC HEARING
City Manager Ward reported on the attendance of the Mayor and himself at today’s hearing before the Public Service Commission on the application of Tidewater Utilities for a franchise to operate of water and sewer utility in Kent County. The Commission stated they had no jurisdiction over sewage plants and heard only the application for the water utility. Only Dover was present to protest granting a franchise with Mayor Carroll asking most of the questions of the applicant’s witnesses. No decision has been rendered by the Commission. Council agreed that no action was necessary by Dover until a decision is made.
RESOLUTION
Council considered a resolution protesting the proposed U.S. Senate Bill S.218, which in effect removes wholesale power rates from the jurisdiction of the Federal Power Commission over Dockets E-7114 et als, in which Dover is a complainant against the Delaware Power and Light Company’s discriminatory rates against The City of Dover;
NOW, THEREFORE BE IT RESOLVED:
1. That S.218 be and the same is hereby opposed by the Mayor and Council of the City of Dover, Delaware; and
2. That Spencer W. Reeder, Esq., be and he is hereby authorized to appear before the Committee on Interstate and Foreign Commerce of the United States Senate in opposition to said S.218; and
3. That the Mayor and City Manager be and they are hereby authorized to wait upon the said Committee on Interstate and Foreign Commerce of the United States Senate in opposition to said S.218.
Adopted April 26, 1965
MARVADEL RESOLUTION
Council considered a proposed Resolution approving an initial feasibility study by Marvadel Electric Cooperative on behalf of power supply to Dover and others, establishing the cost to Dover, and approving the organization of the Cooperative. The feasibility study would be limited to determining whether the proposed “Yankee-Dixie Project” of generating and distributing power throughout the Eastern States would offer the low cost source of power supply sought by Marvadel, without committing Marvadel or Dover to any participation in the project. Mayor Carroll would be authorized to attend a meeting in Los Angeles, California on May 4, 1965 to listen to the plan of the ‘Yankee-Dixie Group’.
On motion of Mr. Harris, seconded by Mr. Biggs, Council by vote of 7 to 1 adopted the following Resolution. Mr. Hayes voted ‘No’.
WHEREAS, the incorporators of Marvadel Electric Cooperative, Inc. have replied to the Resolutions passed by the Council of The City of Dover, Delaware, St. Michaels Utilities Commission, and the Boards of Directors of Stockton Light and Power Co. of Maryland and Virginia, respectively, which asked for an investigation and report upon what terms and conditions Marvadel would undertake the feasibility study outlined therein; and
WHEREAS, the ultimate purpose of said inquiry was and is to obtain power supply for Dover, St. Michaels and Stockton, whether by regulation, negotiation or self-help, at a cost equivalent to that of Choptank Electric Cooperative, Inc., Delaware Electric Cooperative, Inc., and Accomac-Northampton Electric Cooperative, Inc., who are likewise purchasers at wholesale for resale from the Delaware Power and Light holding company system:
NOW, THEREFORE, BE IT RESOLVED:
1. That the initial phase of said feasibility study should be confined to determining whether or not the “Yankee-Dixie Project” more fully hereinafter described, may possibly constitute an acceptable means of accomplishing the ultimate purpose of the project outlined int eh Dover, St. Michaels, and Stockton Resolutions aforesaid, which were adopted in February, 1965. Copy of The Baltimore Sun article of April 4, 1965, more fully described the said “Yankee-Dixie Project” is hereto attached, made part hereof and incorporated herein. A copy of The Wall Street Journal article of Thursday, April 8, 1965, likewise describing the said “Yankee-Dixie Project” is hereto attached, made part hereof, and incorporated herein. A copy of the Yankee-Dixie Power Association press release for Sunday, April 4, 1965 describing the said “Yankee-Dixie Project” is hereto attached, made part hereof, and incorporated herein. In order to complete the initial phase of said feasibility study at only nominal expense, the proposal of Marvadel to send Mayor Crawford J. Carroll as its representative, without any authority whatsoever to commit Marvadel or any member thereof in any manner whatsoever to the “Yankee-Dixie Project”, to the next meeting of the leaders of the “Yankee-Dixie Group”, to be held in Los Angeles, California, on May 4, 1965, at the time of the annual meeting of the American Public Power Association, of which both St. Michaels and Dover are members in good standing, and at which time Mayor Crawford J. Carroll will attend the APPA Meeting as Mayor of The City of Dover, Delaware, appears apt to the purpose, and said proposal is hereby approved.
2. That the plan of Marvadel’s incorporators to complete the organization thereof by taking the following steps be and the same is hereby approved:
(a) Adoption by the incorporators of By-Laws mutually agreeable to both the undersigned incorporators.
(b) Admission of Stockton Light and Power Company as the only Charter member of Marvadel.
(c) Election of the following directors of Marvadel, all of whom have indicated, in answer to our inquiry, their willingness to serve gratuitously:
Mr. Crawford J. Carroll, Dover, Delaware - Chairman of the Board
Mr. Victor E. Holpp, Dover, Delaware
Mr. Alfred S. Biggs, Dover, Delaware
Mr. Douglas L. Harris, Dover, Delaware
Mr. A. Gunby Reese, St. Michaels, Maryland
Mr. Jennings B. Quillin, St. Michaels, Maryland
Mr. Alex J. Spencer, St. Michaels, Maryland
Mr. Edgar Porter, Esq., Salisbury, Maryland
Mr. William E. Porter, Salisbury, Maryland
(d) Election of the following officers of Marvadel, all of whom have indicated, in answer to out inquiry, their willingness to serve gratuitously:
President - Mr. Alex J. Spencer, St. Michaels, Maryland
Executive Vice-President - Mr. A. Gunby Reese, St. Michaels, Maryland
Vice-President and General Counsel - W. Edgar Porter, Esq., Salisbury, Maryland
Vice-President and General Manager - Mr. G. Preston Ward, Dover, Delaware
Vice-President and Chief Engineer - Mr. William E. Porter, Salisbury, Maryland
Treasurer - Mr. Francis P. Neylan, Dover, Delaware
Secretary - Mr. Milton H. Fairbank, St. Michaels, Maryland
3. That the proposal of Marvadel’s incorporators that the out-of-pocket expense incident to said initial phase of said feasibility study be finance by Dover, St. Michaels Utilities Commission and Stockton Electric Light and Power Company each contracting to reimburse Marvadel for any expense it may incur in completing said first phase, for stationery, supplies, secretarial service, telephone, telegraph, hotel, travel, Delaware taxes, Delaware resident agent’s fee, and the like expenses, in the approximate proportion that the bill at tariff rates for electricity bought by each bears to the total bills for electricity bought from D. P. & L. or any of its subsidiaries at tariff rates by Dover, St. Michaels and Stockton in the test year in FPC Docket Nos. E-7114 et als wherein said parties are Complaints, it being expressly understood that the total of said expenditures by Marvadel will not exceed $1,000 under said agreement for said purpose and that no expenditures for legal, engineering, management, or accounting services will be made or incurred by Marvadel in said first phase of said feasibility study, be and the same is hereby approved, it being further expressly understood that under said $1,000 maximum limitation, Dover’s share could not exceed $780,000, St. Michael’s share could not exceed $140.00 and Stockton’s share could not exceed $80.00, and Crawford J. Carroll, Mayor, is hereby authorized to enter into a contract with Marvadel Electric Cooperative, Inc. for the aforesaid purpose and subject to the aforegoing terms and conditions.
Adopted April 26, 1965
BOND REPORT
On the request of Councilman Harris, a monthly report of the status of bond funds and construction projects finances thereby will be submitted to City Council.
ROSS STREET
Councilman Holpp discussed the situation on Ross Street and it appears it is now up to the developer, Robino, to pave the street. On motion of Mr. Hughes, seconded by Mr. Biggs, Mr. Holpp was appointed a committee of one to pursue the matter with the developer.
Council adjourned at 10:20 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of April 26, 1965 are hereby approved.
Crawford J. Carroll
Mayor
April 28, 1965