REGULAR MEETING
January 14, 1957
The regular meeting of City Council was held Monday, January 14, 1957, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs. Biddle, Davis, Hayes, Holpp, Mundy, Petty, Tischer and Zartman.
MINUTES
Minutes of the meeting of December 17, 1956 were accepted as read.
REPORTS
Report of the Chief of Police for June was accepted as read.
Report of the City Alderman was accepted as read. Checks in the amounts of $2653.75 and $228.00 were remitted to the City. Report of the Acting Alderman Shockley was accepted as read. A check in the amount of $19.00 was remitted to the City.
Report of the City Manager was accepted as read.
Report of the Fire Recorder, Robbins Hose Company for November and December 1956 was accepted as read.
Report of Cash Receipts for December was accepted as read.
DE MARIE ELECTRIC LINE
Louis DeMarie requested the extension of electric service to a farm leased by him on the border of the marsh at the east end of the Whiteoak Road. The estimated cost of constructing the line is $2180. The extension required is approximately 1.5 miles. Three other properties border the road but they indicate no desire for electric service. Council considered charging the entire cost of line construction to the petitioner, or the possibility of a minimum charge to provide an adequate return. The request was tabled until the return of the City Manager.
TORBERT AMBULANCE
Torbert Funeral Chapel informed Council of its desire to start an ambulance service and asked Council to give what assistance it could. Members of Council favored such a service for Dover and advised Mr. Torbert to contact the Hospital, local Doctors and the State Police who generally initiate calls for ambulance service. On motion of Mr. Petty, seconded by Mr. Zartman, Council approved the project.
KING STREET LOADING ZONE
John Marsh, proprietor of Jack’s Dry Cleaning Service, requested Council to designate a loading and unloading zone on King Street, preferably in front of his establishment. The matter was referred to the Chief of Police to allot space at his discretion.
EOPLE’S CHURCH BUS ZONE
People’s Church requested that space be allotted at Bradford and Reed Streets for use as a bus loading and unloading zone on a permanent basis. Kindergarten buses, Monday thru Friday, and Sunday School buses would use the zone. On motion of Mr. Davis, seconded by Mr. Hayes, Council authorized the erection of signs designating a bus loading and unloading zone Sunday thru Friday, from 9 A.M. to 3 P.M. on Bradford Street in front of People’s Church.
FIRE MARSHALL
On motion of Mr. Hayes, seconded by Mr. Davis, George Hill Jr. was appointed Fire Marshall for the year 1957.
ELECTION
On motion of Mr. Petty, seconded by Mr. Tischer, Council authorized appointment of an Election Board to conduct the municipal election Monday, January 21, 1957. The Board will consist of Alderman Dempsey and Councilmen Tischer and Hayes. Alternate members are Councilmen Davis and Mundy.
On motion of Mr. Davis, seconded by Mr. Tischer, Council directed that 3000 regular ballots and 1000 sample ballots be printed. Names of candidates will be listed on ballots on alphabetical order.
On motion of Mr. Tischer, seconded by Mr. Mundy, Council authorized employment of four election Clerks.
ANNEXATION MORRIS ESTATES
The Citizens Committee from the Morris Estates area reported to Council that a meeting of residents of the area held January 9, 1957 had instructed the committee to request City Council not to hold a referendum on the question of annexing the area. Individual residents of the area then outlined to Council their reasons why they felt a referendum should be held. The number attending the citizens meeting was 36 of whom 24 opposed a referendum. Those opposing represented only a small proportion of eligible votes. Charles Lee Edwards, Dr. Howard E. Row and Frank Hindman, property owners and residents of the area expressed their opinions that a referendum was highly desirable. On motion of Mr. Hayes, seconded by Mr. Holpp, Council directed the City Solicitor to prepare a resolution setting Saturday, March 16, 1957 as the date for holding a referendum on the on the question of annexing the Morris Estates area to the City of Dover in accordance with the City Charter, as amended by the Delaware State Code of 1953.
AUDIT
William Manter explained the City Audit to Council and answered their questions. On motion of Mr. Davis, seconded by Mr. Tischer, Council accepted the audit.
SEWAGE PUMPING STATION
City Engineer Bewick and Mr. Nissen of Albright & Friel, showed plans to Council for the sewage pumping station to be installed at Governors and Wyoming Avenues at an estimated cost of $65,000. Bids will be received February 5, 1957. Council was asked for advise as to the extent of advertising for bids. On motion of Mr. Holpp, seconded by Mr. Davis, Council directed that invitation to bid be issued to local contractors and to such other bidders outside the State who are recommended by Albright & Friel.
POWER PLANT
C. M. Anderson outlined to City Council the progress of work at the power plant. The new turbine and new boiler are on the line and are working satisfactorily. Final reports from Union Iron and A. C. Wood Associates have yet to be received.
CURBS
City Engineer Bewick presented to Council a list of streets on which it is proposed to install curbs during 1957. He asked Council to designate the streets they desire curbed and to hold the necessary hearings. On motion of Mr. Zartman, seconded by Mr. Hayes, Council directed the City Solicitor to prepare a resolution setting February 25, 1957 as the date for a hearing on the installation of curbs on effected portions of Pine Street, Orchard Avenue, Park Avenue, Pryor Street, American Avenue, Smith Street and Mary Street.
EHRLICH TAX CASE
Mayor Haman made the following statement: “The Mayor and Council have been pleased to learn that the Chancellor has vacated the injunction against collection of City taxes from the J. Ehrlich Realty Co. and dismissed its action against the City. The Chancellor’s order, entered last Thursday, should lay at rest any doubts of the validity of the 1956 assessment or the City’s right to collect taxes based on that assessment. Furthermore this successful conclusion of the case ought to vindicate in the mind of the public the Council’s proceedings in providing for the assessment, hearing appeals and levying taxes.
A comment on the Delaware State News headline of December 21 also seems to be in order. Mr. Ehrlich publicly protested that this headline was misleading in stating that his company had dropped its tax suit. The facts are as follows. Last month the City prepared to file a motion asking the Chancellor to reverse his earlier decision authorizing an injunction, since the City had since then posted a notice of assessment appeals in exact compliance with the Charter. This, it may be recalled, was the single ground upon which the Chancellor has based his decision. Mr. Ehrlich’s attorney agreed by stipulation with attorneys for the City that the motion should be granted, that the injunction, which had been authorized but not issued, should not be issued, and that the action should be dismissed with prejudice to the plaintiff.
Whether that stipulation amounted to “dropping” the tax suit seems to be a question of words of no great importance. Attorneys for the City assure me that the result would have been the same with or without the stipulation. It did, however, save the City – and at the same time Mr. Ehrlich’s company– the expense of a hearing on the motion, for which we are duly grateful.”
CITY MANAGER FINANCIAL REPORT
Mayor Haman read to Council the report of the City Manager which accompanied the annual financial report of Dover which is in process of being published.
BOARD OF HEALTH REPORT
Mayor Haman read a report from the Dover Board of Health which contained recommendations for the chlorination of City water and banning of Vogel toilets within the City. Mayor Haman will acknowledge receipt of the recommendations, which will be given further consideration.
SEWER CHARGE
Thomas Baker outlined the Council the basis of a sewer tapping charge to Tidewaer Oil Co., outside the City, and their request for a reduced charge to serve a lesser area. On motion of Mundy, seconded by Mr. Tischer, Council approved a charge of $1353.68.
POLICE CAR
Bids were received for a new police car, with a trade-in of a 1956 Ford, as follows: Bolan Motors, net, $995; Holden & Mundy, net, $1200. On motion of Mr. Tischer, seconded by Mr. Mundy, Council authorized purchase of a new car from the low bidder, Bolan Motors, Inc.
ORDINANCE
On motion of Mr. Petty, seconded by Mr. Zartman, council by unanimous vote passed the following ordinance.
AN ORDINANCE PROHIBITING THE APPEARANCE OF MEN IN PUBLIC PLACES DRESSED IN THE CLOTHES OF THE FEMALE SEX
Be It Ordained By The Council Of The City Of Dover:
Section 1. No man shall be or appear in any public place or in any place open to the public in The City of Dover while dressed in the clothes of the female sex, except while attending a masquerade party or taking part in a theatrical performance or while going to or from such a party or performance.
Section 2. Any person convicted of a violation of this ordinance shall be fined not more than Fifty Dollars ($50.00) or, in default of payment of such fine as shall be imposed, imprisoned not more than thirty (30) days.
Passed January 14, 1957.
Approved:
Clerk of Council Mayor
BRADFORD PROPERTY
Council directed the City Solicitor to request a postponement of the hearing of condemnation proceedings on the Bradford property at State & Water Streets.
Council adjourned at 1:00 A.M.
F. Neylan
City Clerk