REGULAR MEETING
February 8, 1960
The regular meeting of City Council was held Monday, February 8, 1960 at 7:30 P.M. with Mayor Haman presiding. The invocation was said by the Rev. G. P. Mellick Belshaw of christ Church. Associate Judge William J. Storey swore into office for two year terms Mayor W. Edward Haman, and Councilmen Lester H. Thompson, First District, W. G. Davis, Second District, H. Gordon Fromm, Third District, and William A. Hayes, Fourth District.
Holdover Councilmen present were Messrs Carroll, Zartman, Turner and Holpp. Mayor Haman spoke briefly on the challenge and growth the Dover faces, and thanked former Councilman Gilbert Mundy for the service rendered by him during the past eight years.
Following a short recess, the meeting was called to order for the conduct of regular business.
MINUTES
Minutes of the meeting of January 25 and January 27 were accepted as read and bore the written approval of Mayor Haman.
ELECTION OF OFFICERS
By unanimous vote, Victor E. Holpp was elected Vice Mayor.
By unanimous vote, Francis P. Neylan was elected City Clerk and City Treasurer.
By unanimous vote, Clarence R. Dempsey was elected City Alderman.
By unanimous vote, George K. Shockley was elected Acting Alderman, to serve at such times as Alderman Dempsey is unable to serve.
By unanimous vote, David P. Buckson was elected City Solicitor.
POLICE DEPARTMENT
Council fixed the police department at the number now authorized and their salaries as at present scheduled.
COMMITTEES
Mayor Haman announced the appointment of the following committees with the first-named being chairman:
Legislative & Finance: Councilmen Turner, Fromm and Zartman, City Manager Ward, City Clerk Neylan, City Solicitor Buckson.
Building Commission: City Manager Ward, Councilmen Davis, Zartman and Chief of Police Turner, Fire Chief Hill, Building Inspector Baker
Tree Commission: Councilmen Carroll, Davis and Hayes
Utility Committee: Councilmen Holpp, Carroll and Turner
Planning Commission: Councilmen Fromm, Carroll and Turner.
Zoning Commission: A. L. Leisey Jr., Hanry K. Roscoe Jr., W. C. Boyer, Jr.
Wages & Hours: Councilmen Hayes, Holpp and Fromm
Fire Department Liaison: Councilmen Hayes, Turner and Thompson
Housing Code: Councilmen Zartman, Davis and Hayes, Fire Marshall Roe, Building Inspector Baker.
Parks & Playgrounds: Councilmen Holpp and Thompson, Dale Dougherty, Mrs. Kenneth Tuller, Douglas Harris and James Hardcastle
Board of Health: Dr. George R. Spong, Dr. Eugene R. McNinch, Donald K. Harmeson, Leon Davidson
RESEARCH Committee: Councilmen Fromm and Holpp, William R. Peebles
REPORTS
Report of City Alderman Dempsey was accepted as read. Checks in the amounts of $629.30, 205.50 and 229.00 were remitted to the City.
Report of the Acting City Alderman was accepted as read. Checks in the amounts of $289.00 and $5.00 were remitted to the City.
Report of the Chief of Police for January, 1960 and for the year 1959 were accepted as read.
Report of the Fire Marshall was accepted as read.
Report of Cash Receipts for January and Budget Expenditures for December accepted as read.
ORDINANCES
On motion of Mr. Fromm, seconded by Mr. Hayes, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING AN ORDINANCE PROHIBITING THE USE OF FUEL BURNING PORTABLE HEATERS AND STOVES AND PROVIDING PENALTIES FOR THE USE THEREOF.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. That Section 2 of an Ordinance entitled “An Ordinance Prohibiting the Use of Fuel Burning Portable Heaters and Stoves and Providing Penalties for the Use Thereof”, passed May 11, 1959, be and the same is hereby approved by striking out all of said Section 2 and inserting in lieu thereof the following:
Section 2. It shall be unlawful for any person, firm or corporation to use or permit to be used any portable fuel burning heater or stove within the corporate limits of The City of Dover, Provided, However, that upon application to and approval by the City Fire Marshal use of such portable heaters or stoves as above defined may be permitted where required during construction of a structure within the City of Dover subject to the further condition that said portable eaters or stoves will be attended at all times while in use.
Passed February 8, 1960.
On motion of Mr. Fromm, seconded by Mr. Davis, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, DEFINING THE POWERS AND DUTIES OF THE FIRE MARSHAL, AND PROVIDING PENALTIES FOR VIOLATIONS.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. That Section 1 of an Ordinance entitled “An Ordinance Adopting A Fire Prevention Code Prescribing Regulations Governing Conditions Hazardous to Life and Property From Fire Or Explosion, Defining The Powers and Duties Of The Fire Marshal, And Providing Penalties For Violations”, passed September 13, 1954, be and the same is hereby amended by striking out all of said Section 1 and inserting in lieu thereof the following:
Section 1. Adoption if Fire Prevention Code.
There is hereby adopted by the City of Dover for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the Nation Board of Fire Underwriters, being particularly the 1956 edition thereof and the whole thereof, and any subsequent editions, amendments or additions thereto, of which code not less than three (3) copies have and now are filed in the office of the Clerk of Council, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect the provisions thereof shall be controlling within the limits of The City of Dover.
Passed February 8, 1960
On motion of Mr. Hayes, seconded by Mr. Turner, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE TO REQUIRE THE CUTTING AND REMOVAL OF GRASS AND WEEDS ON VACANT LOTS.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. That from and after the passage and approval of this ordinance, it shall be unlawful for any person or group of persons, firm, association, or corporation to permit any grass or weeds or any growth, other than vegetables or trees, to grow higher than twelve inches (12 inches) from the ground, on any lot or parcel of ground, within the City limits of the City of Dover.
Section 2. Any person or group of persons, firm, association, or corporation violating any of the provisions of this Ordinance shall be guilty of maintaining a nuisance, and upon conviction thereof, shall be fined not less than $5.00 or more than $10.00. Each day that such nuisance is maintained or continued shall constitute a separate offense.
Section 3. In case the owner or responsible party for the said lot or parcel of ground shall fail to abate said nuisance within five (5) days of receipt of notice by the City Fire Marshal, the City of Dover shall proceed to do so, and the cost thereof, together with any fines and cost, shall constitute claim against the owner or owners of said lot and may be collected as any other fine or cost are collected.
Section 4. An ordinance entitled “An Ordinance To Require The Cutting and Removal of Grass and Weeds on Vacant Los” as passed by the City Council on May 13, 1935 and approved on May 13, 1935, be and the same is hereby rescinded.
Passed February 8, 1960
CERTIFICATION OF REFERENDUM ELECTION RESULTS
The Clerk of Council reported the results of the referendum elections held Monday, February 1, 1960, as certified by the Kent County election officers of the district who conducted the elections.
On the question of inclusion within the limits of the City of Dover of the area generally bounded by Wyoming Avenue, Puncheon Run, Governors Avenue and the Delaware Railroad, the results of the election were certified as follows:
For inclusion within the City of Dover, 1680 Votes
Against inclusion within the City of Dover, 1340 Votes
On the question of inclusion within the limits of the City of Dover of the area known as “Woodbrook”, the results of the election were certified as follows:
For inclusion within the City of Dover, 580 Votes
Against inclusion within the City of Dover, 0 Votes
ANNEXATION PROTEST
James H. Hughes III, attorney for certain property owners in the area being considered for annexation, appeared before Council to protest inclusion of the area between Wyoming Avenue and Puncheon Run and Governors Avenue and the Railroad within the limits of the City of Dover. The protest questioned the validity of the 580 votes cast by the owner of the Woodbrook tract and pointed out that the result of the election would have been different without the inclusion of these votes. He stated that his clients felt they had been tricked and that individuals so believing would not make good citizens. He petitioned Council not to adopted a resolution providing for inclusion of the entire area within the City, but to annex only the Woodbrook area.
Members of Council pointed out that there was no trickery involved in the elections was public knowledge. Representatives of the local newspaper were on hand to photograph the event on the day of the election. City Solicitor Buckson pointed out that the City Council has merely received the results of the election as certified by the Kent County election officers. Any challenge concerning conduct of the election and eligibility of voters should be made to those officers and not to City Council. He stated that Council has a choice of one of three courses, adopt a resolution including the entire area within the City, adopt a resolution including only the Woodbrook area within the City, or do nothing.
RESOLUTION
On motion of Mr. Fromm, seconded by Mr. Holpp, Council by unanimous vote adopted the following resolution:
RESOLUTION APPROVING THE INCLUSION OF AN AREA FORMERLY KNOWN AS THE PIPPIN 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 Pippin 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 1st day of February, A.D., 1960, for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and
WHEREAS there were 1680 votes cast for the inclusion within the City of Dover of the hereinafter described lands and 1341 votes cast 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 said territory and including same within the limits of the City of Dover
Now Therefore Be It Resolved By The Council Of The City Of Dover In Council Met:
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:
ALL that certain area bounded on the West by the East line of lands of the Delaware Railroad Company, on the south by the center line of Puncheon Run, on the East by the West curb line of Governors Avenue, on the North by the North line of Wyoming Avenue.
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 1st day of March 1960, at 12:01 A.M. o’clock.
Adopted February 8, 1960.
FLUORIDATION MEETING
City Council will hear the fluoridation program of the Dover Junior Chamber of Commerce at 8:30 P.M., February 22, 1960.
ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Davis, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON A PORTION OF CECIL STREET AND DESIGNATED AT 105 CECIL STREET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. From and after the passage and approval of this ordinance it shall be unlawful for any person to park any vehicle in a fifty (50) foot area in front of 105 Cecil Street between the hours of 8:00 A.M. and 2:30 P.M. on school days during the school year, said area and parking regulation pertaining thereto to be designated by appropriate signs or markings.
Section 2. Any person convicted of a violation of this Ordinance shall be fined not less than One ($1.00) Dollar nor more than Twenty-five ($25.00) Dollars or upon failure to pay such fine as may be imposed shall be imprisoned not more than five (5) days.
Passed February 8, 1960.
REPORT
Report of the City Manager was accepted as read.
MISCELLANEOUS
City Manager Ward presented to Council statistics showing the growth of Dover’s electric system.
Mr. Ward reported to Council on his trip to Philadelphia to visit a representative of Albright & Friel and to discuss sewer and water revenue financing.
A letter from the Kuljian Corporation outlined the progress to date in obtaining form prices on major items of equipment for the new electric generating plant.
Mr. Ward reported on a meeting held with residents of Kent Acres who had complained of City of Dover electric rates. City of Dover electric and water facilities in the area are being checked.
A letter from the State Highway Department regarding urban road development was referred to the Planning Commission.
NEWPORT BILL
Details of expenses claimed by supporters of the Newport Plan for municipal street aid were reported to Council. On motion of Mr. Holpp, seconded by Mr. Thompson the matter was tabled.
D P & L
Mr. Ward reported that representatives of D P & L have requested meeting with Dover’s Utility Committee. On behalf of the Utility Committee, Mr. Ward will ask the purpose of the request prior to the meeting.
Council adjourned at 11:30 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of February 8, 1960 are hereby approved.
February 10, 1960 W. Edward Haman
Mayor