SPECIAL MEETING
September 28, 1959
A special meeting of City Council was held Monday, September 28, 1959, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Hayes, Holpp, Mundy, Turner and Zartman.
The invocation was said by the Rev. Edward R. Wilkins.
Minutes of the meeting of September 14, 1959 were read and bore the written approval of Mayor Haman.
WILLIAMSON BUSINESS
Dr. Jessie R. Williamson had requested permission to open a dental office on the Bernard Paskins lot on Gibbs Drive, a residential section. The request had been duly advertised for hearing at 7:30 P.M., September 28, 1959. No petitions have been received for or against the request. On motion of Mr. Davis, seconded by Mr. Hayes, Dr. Jessie R. Williamson was granted permission to open a dental office on the Bernard Paskins lot on Gibbs Drive.
UNITED FUND PAYROLL DEDUCTIONS
Robert Reed, representing the Dover United Fund, appeared before Council to obtain approval of a plan for payroll deductions from employment of the City of Dover for contribution to the Untied Fund. A letter from the Mayor and Council will urge employees to participate in voluntary contributions by payroll deduction. On motion of Mr. Holpp, seconded by Mr. Hayes, the plan was approved.
SHERWOOD SECTION 3
Van Demark & Lynch, Inc., Engineers for the Sherwood of Dover development, submitted a revised plot plan for the proposed Elberon Village, section 3 of Sherwood of Dover, in accordance with recommendations of the Dover Planning Commission, the City Manager and the City Engineer. On motion of Mr. Holpp, seconded by Mr. Hayes, the plot plan was approved. The engineers asked Council to consider names for three streets in the plot which are as yet unnamed. Council directed the City Clerk and City Engineer to again advise the developers that Dover is revising its formula for assessing the cost of improvements, streets, curbs, sewer, water, etc., to property or developers within the City limits, so that the developers are aware that a change of policy is being made.
GARBAGE TRUCK
Bids have been received from two dealers for furnishing a truck chassis for a garbage truck: Holden & Mundy $4661.00, C.F. Schwartz Motor Co., $4201.00. A bid from a third dealer was received three days after the bid opening and was rejected. On motion of Mr. Davis, seconded by Mr. Turner, Council authorized purchase of the truck chassis from the low bidder, C.F. Schwartz Motor Co. at the price of $4201.00.
A study has also been made of garbage bodies and the recommendation to Council was that a 20 cubic yard Pak-Mor body be purchased at the installed cost of $4200.00. On motion of Mr. Mundy, seconded by Mr. Hayes, Council authorized purchase of the Park-Mor garbage body.
CITY MANAGER CONVENTION
On motion of Mr. Zartman, seconded by Mr. Holpp, Council approved attendance of the City Manager and City Clerk at the City Manager’s Convention to be held in St. Louis, Missouri, October 25 to 28, 1959, with expenses to be paid by the City.
HARMAN OIL CO.
Fire Marshall Jack T. Roe, as a result of an inspection made of the bulk plant of the Harman Oil Company, discovered a number of violations of the Fire Prevention Cost which he ordered corrected prior to issuance of a business license. The plant manager was personally notified of the violations at the time of inspection and the company was notified by registered letter dated September 10, 1959. In a letter dated September 16, 1959 Jesse A. Harman of the Harman Oil Co. requested a hearing before City Council on the matter of fencing the plant. The hearing was set for 8:00 P.M., EDST, September 28, 1959.
At 8:00 P.M. Mayor Haman opened the hearing and turned the proceedings over to City Solicitor David Buckson.
Fire Marshall Jack T. Roe testified that on September 9, 1959 he inspected the bulk plant of the Harman Oil Company located at the northeast corner of Division and West Streets. He found numerous violations were listed in a registered letter to the Harmon Oil Company dated September 10, 1959 (copy attached) which was delivered to the Harman Oil Company on September 11, 1959. In the letter the application of the Harman Oil Company for business license was denied until the requirements of the City Fire Prevention Code were met. In reply Mr. Roe received a letter from Jesse A. Harman of the Harman Oil Company in which Mr. Harman particularly objected tot eh requirement of a fence around the property and requested a hearing by City Council. Mr. Roe’s letter of September 21, 1959 to the Harman Oil Company set the time of the hearing at 8 P.M., September 28, 1959. Mr. Roe presented copies of Council minutes, fire inspection reports, and other correspondence relating to the Harmon Oil Company dating back to November 11, 1935 which required the erection of a fence around the property and the construction of dikes. Mr. Roe also presented testimony of adjoining property owners regarding objectionable conditions at the Harmon Oil Company site. (Copies of all attached and made part of these minutes).
Jesse A. Harman and his plant manager were present at the hearing.
At the completion of Mr. Roe’s testimony, Solicitor Buckson asked Mr. Harman whether he had any questions to ask Mr. Roe.
Mr. Harman stated that if Mr. Roe had contacted him it would have been unnecessary to bring the matter before City Council. Mr. Roe stated he had called Mr. Harman’s office but could not get an appointment with Mr. Harman but he was able to arrange an inspection trip with the plant manager. Mr. Roe further stated that the past record lead him to seek instructions from City Council and further lead him to believe that the Harmon Oil Company would not voluntarily meet the requirements of the Dover Fire Prevention Code.
Mr. Harmon asked when Mr. Roe had last visited the plant. Mr. Roe replied he had visited the plant at 7 P.M. this evening and had found some conditions corrected. Mr. Harman stated he has instructed his plant manager to correct existing deficiencies and that his review of the inspection report showed that 1 of the 18 conditions has been corrected. Mr. Roe stated that he had not been able to make a detailed re-inspection but that further inspections would be made including an inspection of electrical wiring by the Fire Underwriters Electrical Inspector.
Mr. Harman asked why it was necessary to contact the neighbors. Mr. Roe replied that it was important to him because they were familiar with existing conditions.
Mr. Roe was asked when he took office and replied September 1, 1959. Mr. Harman asked whether other bulk plants has been inspected. Mr. Roe stated that Gulf, Texaco and Southern States had been inspected. The former Fire Marshall had left the business license of the Harman Oil Company unsigned. Mr. Roe inspected the Harmon Oil Company site before signing the license. As a result of Fire Code violations found the license is still unissued. Mr. Harman asked whether all other bulk plants in Dover are fenced. Mr. Roe replied that the Dover Ice & Fuel Co. is not because all its storage facilities are underground. The Southern States plant is not fenced. Fuel there is remotely located and the question of whether or not to require a fence has not yet been decided.
Upon completion of the questioning, Solicitor Buckson asked Mr. Harman whether he desired to make any statement.
Mr. Harman stated that all the data presented by the Fire Marshall was unnecessary. He has refused to cooperate as evidence by the number of corrections, 11 of 18, already made. All others will soon be completed with the exception of the fence. He believes a fence would hinder his customers and present a hazard in the operation of his business. Vehicles would be continually running into a fence and knocking it over. A fence now exists in two sides of the property. Formerly his back lot was completely fenced but trucks and vehicles knocked it over. He believes a fence would reduce his business by 25%.
Mr. Harman also stated that fences around bulk plants are not required elsewhere in Delaware and he believes they are unnecessary unless someone erects them for self-protection. Children seldom play on his lot. There is little fire or explosion hazard. He asked City Council to relieve him of the expense of the erection of a fence and the consequent loss of business. His plant will be kept clean and tidy in the ruture. He is uncertain of whether No Smoking signs exist, but said his drivers do not smoke in the plant area.
Mr. Roe stated that on the previous Friday night he observed the driver of a tank truck in the bulk plant smoking a cigar. Mr. Harman stated that he did not condone smoking. He again stated that he would comply with all requirements of the Fire Marshal with the exception of the fence which he asked Council to reconsider.
Mr. Roe stated that the bulk plant should be completely enclosed with a cyclone fence topped by at least three strands of barbed wire. The present fence is not adequate.
Mr. Buckson asked whether the original permit required the erection of a fence. Mr. Harman replied that it did byr around the loading area only. Councilman Hayes stated that when he was Fire Marshal several years ago Mr. Harman agreed to erect a fence around the property but that it was not built yet.
Mr. Harman, in reply to a question, stated that part of the land on which the bulk plant was located was owned by the Harman Oil Company and part was owned by him personally. Hos land was used for bulk plant operations and he was present on behalf of the Harman Oil Company and of himself.
Mr. Roe stated that because of the lack of a fence children at times played in the plant area and it was used at night by parked cars. Smoking by the occupants of such cars could start a fire. Mr. Harman stated he had never seen anyone parked there at night but such might have happened. In reply to a question he stated he employed no watchman. Mr. Harman stated he would be happy to light the plant to the satisfaction of the Fire Marshal but that the street lights in the area were quite bright. He stated he would fix the dikes beginning tomorrow and that he would make all corrections, including installing lights, within ten days. He again asked to be relieved from the expense of the fence.
Solicitor Buckson stated the Council could approve the recommendations of the Fire Marshal, reject them, or modify them. He pointed out that Mr. Harman had the right of appeal from any decision of Council. Mr. Roe stated he could not issue a business license to Harman Oil Company under present conditions. Mr. Harman stated he would like a business license issued with all but the fence required.
On motion of Mr. Hayes, seconded by Mr. Carroll, Council unanimously adopted and approved the recommendations of the Fire Marshal relating to the Harman Oil Company including the erection of a fence according to his specifications, and directed that a business license be issued to the Harman Oil Company subject to revocation of the recommendations of the Fire Marshal are not complied with by December 1, 1959.
KEITH BUILDING PERMIT
Judge Ernest V. Keith and his wife appeared before Council to request approval of a building permit for the erection of a garage in the rear of their property on The Plaza. The Planning Committee has reviewed the plans and approved the architecture but recommended that the garage be so situated that cars could drive in and out without backing. Council discussed the hazard of the garage as planned to pedestrians and vehicular traffic and particularly to children who attend kindergarten classes in the adjoining church building. Judge Keith pointed out that when his present driveway is used cars must back into the traffic lane and that this action is usually done when the corner traffic light slows down the flow of traffic. The new garage would move the driveway further from the intersection. There is not enough space to permit cars to turn in the garage area and drive forward into the street. On motion of Mr. Davis, seconded by Mr. Turner, Council by vote of 5 to 2 approved granting the building permit. Councilmen Carroll and Holpp voted No. Mayor Haman stated that if he had a vote he would vote No.
CHLORINATION
Donald K. Harmeson and Dr. Maynard H. Mires of the State Board of Health appeared before City Council to report on the methods and results of tests of Dover water. Mr. Harmeson stated that from 13 to 20 samples are taken monthly at various locations supplied with Dover water. These samples are tested according to U.S. Public Health Service Standards. During five months of this year positive results were found, Two of 12 samples taken in September showed contamination. The tests showed bacteriological content in the water similar to that found in animal fecal matter. The contamination found, while not in itself necessarily unsafe, indicated that danger existed and that chlorination was desirable. No contamination has ever been found at well sites. Mr. Harmeson and Dr. Mires both recommend chlorination. Council asked that a report be made of tests made in the next two months to which the Board of Health representatives agreed.
Council adjourned at 11:30 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of September 28, 1959 are hereby approved except the action granting a building permit to Mr. and Mrs. E. V. Keith, which I hereby veto for reasons outlined in attached letter to Clerk of Council.
October 2, 1959 W. Edward Haman
Mayor