REGULAR MEETING
February 11, 1963
The regular meeting of City Council was held Monday, February 11, 1963 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Hayes, Hill, Holpp, Hughes and Walls.
The invocation was given by the William Hemphill of Wesley Church.
Judge William J. Storey administered the oath of office for two-year terms to the following Councilmen: Alfred S. Biggs, First District; Douglas L. Harris, Second District; Earl D. Smith, Third District; Victor E. Holpp, Fourth District.
Mayor Carroll enumerated the accomplishments of the City during the past year, the beginning or operation of the McKee Run power plant, the expansion of the City in area and population, beginning construction of the new General Foods plant, the adoption of a wage policy and scale for City employees, the expansion of the Police department and approval of a $2,500,000 bond issue. He pointed out that the Council would face many problems during the coming year and expressed his confidence in the Council and the administration.
Council recessed.
Mayor Carroll recalled the Council to order.
The minutes of the meeting of January 28, 1963 were accepted and bore the written approval of Mayor Carroll.
On motion of Mr. Biggs, seconded by Mr. Hill, William A. Hayes was elected Vice Mayor.
On motion of Mr. Hill, seconded by Mr. Walls, Mr. Neylan was elected City Clerk and City Treasurer.
On motion of Mr. Smith, seconded by Mr. Hayes, George Shockley was elected City Alderman, and William J. Cavanaugh was elected Acting Alderman.
On motion of Mr. Hill, seconded by Mr. Walls, David Buckson was elected City Solicitor.
On motion of Mr. hill, seconded by Mr. Biggs, Council fixed the number of police as that presently authorized, and their salaries in accordance with the approved wage scale.
REPORTS
Report of Alderman Shockley was accepted as read. Checks in the amounts of $161.75 and $180.00 were remitted to the City. Report of Magistrate Cavanaugh was accepted as read. A check in the amount of $68.60 was remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $385.10 was remitted to the City.
Report of the Chief of Police was accepted as read.
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 as read.
Report of General Fund Budget was accepted as read.
Cash reports, Electric Revenue and Improvement Funds, were accepted as read.
Electric Operating Report was accepted as read.
Report of the City Manager was accepted as read.
LEGISLATORS
Councilman Hill reported that members of the State Legislature were not obeying traffic and parking laws of the City of Dover. He requested the Chief of Police to write the Governor asking his help in correcting the matter.
BUILDING ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER, ACROSS, OR ALONG HIGHWAYS, STREETS, AND ALLEYS WITHIN THE LIMITS OF THE CITY OF DOVER AND PROVIDING FOR A PERMIT TO BE ISSUED BY THE BUILDING INSPECTOR OF THE CITY OF DOVER.
Section 1. For the purpose of this ordinance, a building shall be defined as any structure designed, built, or occupied as a shelter or roofed enclosure and used for a personal residence, business, storage, industrial, educational, or recreational purpose. This definition is not intended to exclude any other common use to which a building can be put.
Section 2. No person, firm, association, or corporation shall move or allow to be moved any building described in Section 1 without first obtaining permission in writing from the Mayor and Council of the City of Dover.
Section 3. That prior to the granting of said permission, the Mayor and Council of the City of Dover shall hold a public hearing in connection therewith and shall notify in writing the owners of property within 250 feet from the place or location to which the building is to be moved enabling then at that time to state any objections to the location of the building to the said property. The City Clerk shall notify all property owners within 250 feet, by registered mail setting forth the time and date of said hearing. Notice as prescribed herein shall be mailed to the owners within seven days of the date set for the hearing.
Section 4. Upon the granting of permission of the Mayor and Council, any person, firm, association, or corporation desiring to move such a building shall file an application for a permit as prescribed herein.
(a) A description of the building proposed to be moved giving street number and construction materials used in such building.
(b) A legal description to the lot where the building is to be moved.
(c) The highway, streets, and alleys, over, along, or across which the building is to be moved.
(d) A proposed moving date and hour.
(e) Any additional information which the building inspector shall find necessary.
Section 5. The applicant for the permit shall file with the application a written statement or bill of sale signed by the owner, that he is entitled to move the building.
Section 6. The application shall be accompanied by a permit fee in the amount of Twenty-five ($25.00) Dollars.
Section 7. Upon receipt of an application, it shall be the duty of the Building Inspector to estimate the expenses that will be incurred in moving or replacing electric wires, street lamps, or power lines belonging to the City. Prior to the issuance of the permit, the Building Inspector shall require from the applicant, a bond in the amount equal to twice the estimated expenses incurred in removing and replacing the aforesaid utilities.
Section 8. The Building Inspector shall undertake to inspect the building which is to be moved and the lot onto which the building is to be moved for the purpose of determining whether the structure shall satisfy the terms of the Building Code of the City of Dover, the Housing Code of the City of Dover, and the Zoning Ordinance of the City of Dover.
Section 9. The Building Inspector and the Police Department of the City of Dover shall be empowered to enforce and carry out the requirements of this ordinance.
Passed February 11, 1963.
BOND ANTICIPATION NOTES
On motion of Mr. Hughes, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution:
A RESOLUTION AUTHORIZING THE BORROWING OF FUNDS BY THE CITY OF DOVER IN ANTICIPATION OF SALE AND ISSUANCE OF BONDS.
WHEREAS, a favorable referendum vote authorizing the sale and issuance of $2,500,000 bonds upon the faith and credit of the City of Dover for the construction, improvement, enlargement and extension of sanitary sewers and sewer plants, storm sewers, and the water system of the City of Dover was held on January 21, 1963, and,
WHEREAS, Section 50, Subsection (d), of the Charter of the City of Dover authorized the Mayor and Council to borrow money and issue noted of the City in anticipation of the sale and issuance of said bonds upon approval of a resolution of the Council which shall have the affirmative vote of three fourths of the members thereof and the approval of the Mayor, with such noted to be signed by the Mayor and Treasurer of the City, and,
WHEREAS, there is an immediate necessity for proceeding without further delay with the construction, improvement, enlargement and extension of the facilities aforementioned,
NOW, THEREFORE, BY IT RESOLVED By the Mayor and Council of the City of Dover in Council met, as follows:
1. That the Mayor and Treasurer of the City of Dover are hereby authorized, empowered and directed to proceed with the borrowing of money and the issuance of notes of the City of Dover, not to exceed $300,000, said notes to be issued on the faith and credit of the City of Dover and to be dated as of the date of issuance and to mature July 1, 1963, and to be paid from the proceeds received from the sale and issuance of bonds authorized by the favorable referendum held January 21, 1963.
2. That the note or notes issued in the anticipation of the said bond issue may be renewed from time to time but all such notes shall mature and be paid from the proceeds of the sale of bonds not more than one year after the date of borrowing.
3. That the Mayor and Treasurer of the City shall negotiate with lending institutions to obtain terms and conditions for said borrowing which shall be in the best interest of the City of Dover, including a provision that said note or notes may be redeemed at par and accrued interest at any time prior to their maturity.
Adopted February 11, 1963.
HEARING ON TEMPORARY ROAD
Council is considering the opening of a temporary road between the Hartly Road and the Hazlettville Road which will cross lands of William Holden, the Dover Housing Authority and Walker Mifflin. A public hearing will be required before action can be taken.
On motion of Mr. Hughes, seconded by Mr. Smith, Council by unanimous vote adopted the following Resolution:
RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING AS REQUIRED BY SECTION 27 OF THE CHARTER OF THE CITY OF DOVER.
WHEREAS, the General Foods Corporation is undertaking the construction of a plant site west of Dover along the Hazlettville Road, and,
WHEREAS, the City of Dover is desirous of re-routing traffic caused by the presence of construction workers at the plant site, and,
WHEREAS, the Charter of the City of Dover, Section 27, provides for a hearing prior to the opening of a new street within the limits of the City of Dover,
NOW, THEREFORE, Be It Resolved By The Mayor and Council Of The City Of Dover In Council Met that:
1. The public hearing as provided in Section 27 of the Charter of The City of Dover shall be held at 8:30 P.M. on the 25th day of February, 1963, at City Hall, on the proposal to open a fifty foot wide street extending from the southerly right of way line of Forrest Street in a southerly direction over an existing dedicated street known as Bertrand Drive, to a point adjoining lands of William Holden; thence turning and running in a southwesterly direction over a corner of the lands of William Holden to lands of the Dover Housing Authority; thence turning and running in a southerly direction across lands of the Dover Housing Authority to lands of Walker Mifflin; thence running over the lands of the said Walker Mifflin west of a hedgerow to a point in the northerly right of way line of the Hazelttville Road. A plot of the proposed street is on file in the office of the City Clerk. Residents of the City and owners of property affected may appear and be heard.
Adopted February 11, 1963.
COMMITTEE ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Hill, Council by unanimous vote passed the following ordinance establishing committees:
ORDINANCE ESTABLISHING COMMITTEES AND MEMBERSHIPS THEREOF AND REPEALING ORDINANCES ADOPTED 26TH DAY OF FEBRUARY 1962 PERTAINING TO APPOINTMENT OF COMMITTEES.
WHEREAS, the conduct of the affairs of the City of Dover and the performance of the duties of the Mayor and Council benefit from the appointment of committees and the deliberation and recommendation of said committees,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the following committees are hereby created:
(a) Parks, Playground and Tree Commission
(b) Safety Advisory Committee
(c) Wages, Hours, Legislative and Finance Committee
(d) Building, Housing and Plumbing Code Committee
(e) Utility Committee
2. That the membership of the Parks, Playground and Tree Commission shall consist of five members, three of whom shall be members of Council.
3. That the membership of the Safety Advisory Committee shall consist of three members of Council.
4. That the member ship of the Wages, Hours, Legislative and Finance Committee shall consist of three members of Council.
5. That the membership of the Building, Housing and Plumbing Code committee shall consist of three members of Council.
6. That the membership of the Utility Committee shall consist of three members of Council.
7. That the members of the various committees shall be appointed by the Mayor subject to confirmation by a majority of the members of Council.
8. That the members of Council appointed to a committee shall serve, if confirmed, unless excused by a unanimous vote of the remaining members of Council.
9. That the term of a member of a committee shall be for one year subject to removal by a 3/4 vote of Council after notice in writing to said member of a committee that at a certain time, place and date his or her removal is scheduled to be considered and acted upon.
10. That all ordinances and amendments thereto in conflict herewith are hereby rescinded effective upon the adoption of this ordinance.
11. This ordinance to be effective 12:01 A.M. February 12, 1963.
Passed February 11, 1963.
COMMITTEE APPOINTMENTS
Parks, Playgrounds and Tree Commission: Mayor Carroll appointed as members Councilman Walls, Chairman, Councilmen Smith and Hill, Mrs. Kenneth Tuller and Mr. James Hardcastle. On motion of Mr. Hill, seconded by Mr. Hayes, the appointments were confirmed.
Safety Advisory Committee: Mayor Carroll appointed as members Councilman Hill, Chairman, and Councilmen Smith and Walls. On motion of Mr. Hill, seconded by Mr Walls, the appointments were confirmed.
Wages, Hours, Legislative and Finance Committee: Mayor Carroll appointed as members Councilman Hayes, Chairman, and Councilmen Biggs and Hughes. On motion of Mr. Walls, seconded by Mr. Smith, the appointments were confirmed.
Building, Housing and Plumbing Code Committee: Mayor Carroll appointed as members Councilman Hughes, Chairman, and Councilmen Biggs and Hayes. On motion of Mr. Hill, seconded by Mr. Biggs, the appointments were confirmed.
Utility Committee: Mayor Carroll appointed as members of the Committee Councilman Holpp, Chairman, Councilman Harris and Mayor Carroll. Councilman Hill questioned the Mayor’s appointment of himself to a committee pointing out he was ex-officio a member of all committees. Mayor Carroll stated that all members of council were already appointed to two committees with the exception of those on the Utility Committee and it was his desire to spread the committee work. Councilman Walls noted that the ordinance on committees just passed called for three members of Council on the Utility Committee. Mayor Carroll asked that the ordinance be changed. Following discussion, Councilman Hughes suggested that a committee consist of three Councilmen and one other.
On motion of Mr. Holpp, seconded by Mr. Hayes, Council approved the following amendment to the ordinance on Committees by vote of 7 to 1. Mr. Hill voted ‘No’.
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING COMMITTEES AND MEMBERSHIPS THEREOF
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. Section 6 of the Ordinance establishing committees and memberships thereof passed February 11, 1963 is hereby deleted and the following Section 6 is substituted in lieu thereof:
“6. That the membership of the Utility Committee shall consist of four members, three of whom shall be members of Council.”
Passed February 11, 1963
Mayor Carroll announced that he would withhold appointment of the third member of Council to the Utility Committee until a later date. On motion of Mr. Hughes, seconded by Mr. Walls, confirmation of the appointments to the Utility Committee was tabled.
UTILITY COMMITTEE REPORT
Councilman Holpp reported that the Utility Committee considered the following items at a recent meeting:
1. The possibility of supplying steam to the new high school for heating and air conditioning from the McKee Run plant.
2. The possibility of a parcel of the Scull property for expansion of the sewage disposal plant was referred to the City Solicitor.
3. Gordy Developers were considering the development of the Harrington Case farm, which is outside City limits, and they desire City sewer and water. The Committee would approve the request of the developers agreed to be annexed to the City, paid the expense of the extension and installation of sewer and water mains, and installed a required pumping station of a capacity four times that required for their development. A recapture provision would apply to the excess capacity of the pumping station.
4. The signing of the DP&L contract for supplying the electrical requirements of the General Foods plant.
On motion of Mr. Hill, seconded by Mr. Hughes the report was accepted.
HINKLE PROPERTY
Councilman Hughes asked about the plans of the City for use of the Hinkle property and suggested that in view of the City’s need for funds it might be sold. City Engineer Joseph reported he was preparing plans and estimates of cost of widening North Street from State Street east, as Council had requested.
STOP SIGNS
Councilman Hill asked the Chief of Police to survey the stop signs within the City and to get repairs or changes made where necessary.
Council adjourned at 10:35 P.M.
F. P. Neylan
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of February 11, 1963 are hereby approved.
February 14, 1963 Crawford J. Carroll Mayor