REGULAR MEETING
October 9, 1961
The regular meeting of City Council was held Monday, October 9, 1961 at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Fromm, Hayes, Holpp, Thompson, Turner and Zartman.
MINUTES
Minutes of the meeting of September 25, 1961 were accepted as read and bore the written approval of Mayor Haman.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Shockley was accepted as read. Checks in the amounts of $189.00 and $183.25 were remitted to the City. Report of Magistrate Knotts was accepted as read. A check in the amount of $128.00 was remitted to the City. Report of Magistrate Cavanaugh was accepted as read. A check in the amount of $234.60 was remitted to the City.
Report of the Fire Marshal and Building Inspector for September was accepted as read.
Report of Health Officer Thomas Baker was accepted as read.
Deputy Director of Civil Defense Thomas Baker submitted a report of Civil Defense preparations for Hurricane Esther alert September 19 and 20.
Report of General Fund Cash Receipts for September was accepted as read.
Report of General Fund Budget for August was accepted as read.
Reports of Electric Revenue Fund and Electric Improvement Fund Cash Receipts and Expenditures for September was accepted as read.
Electric Department Operating Report for August was accepted as read.
FALLOUT SHELTERS
The City Solicitor was requested to prepare an ordinance requiring building permits for fallout shelters, but exempting them from permit fees and tax assessment.
AUDIT REPORTS
William Manter, CPA, submitted audit reports of the General Fund, Electric Revenue Fund and Electric Construction Fund for the fiscal year ending June 30, 1961.
ANNEXATION ELECTION
Election Officials Robert F. Hayes, Raymond F. Book jr. and Hattye M. Biddle certified to City Council the result of the referendum election held Saturday, October 7, 1961, on the question of annexing approximately 2.9 acres of the Mifflin farm to the City as follows: For inclusion within the City of Dover, 1 vote; Against inclusion within the City of Dover, no votes.
ANNEXATION REQUEST
A letter from Walker L. and Edith R. Mifflin requested that the City of Dover annex into the corporate limits of Dover all that portion of the Mifflin farm on the Hazletville Road which is now outside the City limits. The City Manager was asked to obtain a plot of the area in question and the City Solicitor was requested to prepare the necessary resolution providing for a referendum election.
PUBLIC HEARINGS - ZONING AND SUBDIVISION CONTROL
Council directed that public hearing on the proposed zoning ordinance be held on a date during the week of October 23, and that a public hearing on proposed subdivision regulations be held on a date during the week of October 30. The City Clerk will determine when the Audion of the Central High School is available and publish the necessary notices.
BUSINESS REGULATION
A delegation from the Dover Chamber of Commerce appeared before City Council to request regulation of business hours to prohibit all bur essential businesses from opening on Sunday. Council was sympathetic to the request, but asked the Chamber to submit its request in writing had to list what they considered to be essential businesses.
SEWAGE PROBLEMS
Dr. Joel Kaplovsky of the State Water Pollution Commission appeared before Council and explained that the study of that body on stream pollution in Delaware would soon be published. The study includes recommendations for corrective action where needed throughout the State, including Dover. Dr. Kaplovsky explained some details of the Federal assistance program, including a change in the law which was effective July 20, 1961. Funds had been allotted to Dover for addition of a sediment tank to its present sewage treatment plant under provisions of the law effective prior to July 20. The old law would prove more advantageous to Dover in that it does not require employment of union labor, as does the new law. By prompt action, Dover can secure additional allotments of funds under the old law for necessary improvements as extensions of the original project. Dr. Kaplovsky described the action that was necessary and the following resolutions were offered for consideration of Council before passage.
On motion of Mr. Fromm, seconded by Mr. Hayes, the following resolution was adopted by unanimous vote:
RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE ACCEPTANCE OF FUNDS PROVIDED UNDER THE FEDERAL OFFER OF JULY 19, 1961.
WHEREAS, pursuant to Section 26 of the charter of The City of Dover the Mayor and Council are authorized and empowered to undertake the construction, reconstruction, restoration and expansion of the sewage treatment facilities of The City of Dover, and
WHEREAS, the Mayor and Council of The City of Dover are desirous of providing improved facilities necessary for the treatment and disposal of sewage for the residents of The City of Dover
NOW THEREFORE BE IT RESOLVED By The Mayor and Council of The City of Dover in Council Met:
That the Mayor of the City of Dover is hereby authorized pursuant to Section3, Part A of the Federal Government Regulation titled, “Offer for Acceptance of Federal Grant for Sewage Treatment Works,” dated July 19, 1961, to place his signature upon the offer of funds made by the Federal Government and to accept the funds for the benefit of The City of Dover for purposes of expanding the present sewage facilities.
Adopted October 9, 1961.
On motion of Mr. Fromm, seconded by Mr. Thompson, Council by unanimous vote adopted the following resolution:
RESOLUTION OF THE MAYOR AND COUNCIL AUTHORIZING THE EXTENSION OF THE PRESENT SEWAGE CONSTRUCTION PROGRAM FOR THE CITY OF DOVER
WHEREAS, the Mayor and Council of The City of Dover have drafted the necessary plan and have taken the preliminary steps to extend its present sewer facility by adding to it one sediment tank, and
WHEREAS, the Mayor and Council of The City of Dover are desirous of undertaking additional facilities which are now necessary and which will be necessary in the immediate and distant future
NOW THEREFORE BY IT RESOLVED By The Mayor and Council of The City of Dover in Council Met:
That the City Manager of The City of Dover be authorized and empowered to undertake the extension of the waste treatment facilities under the existing approval dated July 19, 1961 by adding thereto the following improvements and appurtenances:
(a) Modified Grit removal
(b) Comminuter
(c) Gas recirculation system
Adopted October 9, 1961
On motion of Mr. Davis, seconded by Mr. Turner, Council by unanimous vote adopted the following resolution:
RESOLUTION AUTHORIZING THE INCREASE IN THE EXPENDITURE OF FUNDS OF THE CITY OF DOVER FOR PURPOSES OF EXTENDING THE PRESENT SEWAGE FACILITIES BY INCREASING THE AMOUNT FROM $24,500 TO $55,000.
WHEREAS, the Mayor and Council of The City of Dover are interested in the extension of the present sewage system construction of The City of Dover by adding:
(a) Modified grit removal
(b) Comminutor
(c) Gas recirculation system
WHEREAS, the Mayor and Council of The City of Dover had previously authorized the expenditure in the amount of $24,500 for the sewage improvements and,
WHEREAS, the Mayor and Council have deemed it necessary to undertake further improvements in addition to those authorized under the $24,500 appropriation:
NOW THEREFORE BE IT RESOLVED By The Mayor and Council of The City of Dover in Council Met:
That the amount of $24,500 authorized by the Mayor and Council in a resolution dated the 13th day of February 1961, be increased to $55,000 excluding Federal grant for purpose of financing the construction of the additional facilities as per resolution of The Mayor and Council “AUTHORIZING THE EXTENSION OF THE PRESENT SEWAGE CONSTRUCTION PROGRAM FOR THE CITY OF DOVER”, dated this 9th day of October, 1961.
Adopted October 9, 1961.
On motion of Mr. Holpp, seconded by Mr. Davis, Council by unanimous vote adopted the following resolution:
WHEREAS, the Mayor and Council of the City of Dover are desirous of obtaining additional information as to the scope and cost of additional sewage facilities,
NOW THEREFORE BY IT RESOLVED By The Mayor and Council of The City of Dover in Council Met:
That the City Manager upon the approval of this resolution be ordered and empowered pursuant to the requirements set forth in the “Comprehensive Study of Pollution and Its Effect on the Waters Within the St. Jones River Drainage Basin” approved July 1961 by the Water Pollution Commission to engage a qualified consulting firm to undertake the preparation of a preliminary report including the location, size and costs for extending existing facilities construction as specified in the approval dated July 19, 1961 with secondary treatment including appurtenances thereto.
The report of the consulting firm in connection with the proposed construction shall be submitted tot he Mayor and Council by November 15, 1961.
Adopted October 9, 1961.
CITY MANAGER REPORT
Report of the City Manager for September was accepted as read.
VOSHELL WELDING
Residents and property owners in the vicinity of S. Bradford St. and Dover Street petitioned Council for relief from disturbance caused by the operation of the Voshell Brothers Welding Shop at S. Governors Avenue and Dover Street. The principal complaint was operation of the shop during nighttime hours. W. B. Mitten Sr. and Howard W. Abbott appeared for the property owners and the Voshell brothers for the business. Council heard the arguments in full. On motion of Mr. Fromm, seconded by Mr. Thompson, the City Solicitor was directed to prepare an ordinance limiting the operation of service and repair shops within 200' of residential zones to the hours of 7 A.M. to 7 P.M., Monday thru Saturday.
ANNEXATION RESOLUTION
On motion of Mr. Fromm, seconded by Mr. Davis, Council by unanimous vote passed the following resolution:
RESOLUTION APPROVING THE INCLUSION OF AN AREA FORMERLY KNOWN AS THE MIFFLIN LANDS 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 deemed it in the best interest of The City of Dover to include an area known as the Mifflin lands as hereinafter more particularly described within the limits of The City of Dover, and
WHEREAS, an election as above mentioned was held on the 7th day of October, A.D., 1961, for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS, there was one vote cast for the inclusion within the City of Dover of the hereinafter described lands and no voted cast against the inclusion within The City of Dover of the hereinafter described lands, there being but one owner of the property affected by said election, 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 shall thereupon adopt a resolution annexing said territory and including same within the limits of The City of Dover
NOW THEREFORE BE IT RESOLVED:
1. That the following described area situated in East Dover Hundred, Kent County, Delaware, as more particularly bounded and described herein shall be annexed to and included within the limits of The City of Dover:
(a) ALL that certain piece, parcel or tract of land now situated in East Dover Hundred, Kent County, State of Delaware, lying west of and adjacent to the existing west limit of The City of Dover, and lying north of but not adjacent to North Street Extended or the Hazlettville Road, being bounded on the north by lands of Anna H. Reed and in part by Westwood Place Development, on the east by lands of Walker L. Mifflin which lands lie within the Corporate Limits of The City of Dover, and on the south and west by lands on Walker L Mifflin, which lands lie in East Dover Hundred, and being more particularly described as follows to wit:
(b) BEGINNING at the intersection of the present westerly Corporate Limits of The City of Dover with the division line between lands of Walker L. Mifflin and lands of William Holden known as Westwood Place Development; thence running with the present westerly Corporate Limit of the City of Dover and with lands of Walker L. Mifflin which lie within The City of Dover South 11 deg. 8 min. 28 sec. East 432.60 feet to a point in the said westerly Corporate Limit of The City of Dover at a corner for this Parcel and for other lands of Walker L. Mifflin; thence running with other lands of Walker L. Mifflin which lands lie in East Dover Hundred Hundred, on the two following courses (1) South 77 deg. 34 min. West 267.35 ft.,; thence (2) North 12 deg. 26 min. West 492.75 feet to a corner for this parcel and for other lands of Walker L. Mifflin which lie in East Dover Hundred, in line of lands of Anna H. Reed and in part with Westwood Place development North 89 deg. 50 min. East 283.58 ft. to the place of beginning, and containing 2.8945 acres of land be the same more or less.
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 9th day of October 1961, at 11:59 P.M. o’clock.
Adopted October 9, 1961
WILLIAM ST. APARTMENTS
Josh Twilley, Attorney, appeared before Council representing a client who desires to erect apartment buildings on a plot he owns on William Street between New Street and Governors Avenue. The proposed zoning ordinance would classify the area for one-family units only. On motion of Mr. Zartman, seconded by Mr. Thompson, Council directed that the request be advertised for hearing at its meeting of October 23.
Council adjourned at 11:45 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of October 9, 1961 are hereby approved.
October 11, 1961 W. Edward Haman
Mayor