REGULAR MEETING
October 11, 1977
The Regular Meeting of Council was held on October 11, 1977 at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
Mayor Legates accepted a plaque presented to Maurice A. Hartnett III, Esquire, in his behalf during Old Dover Days. The plaque granted by the U.S. Department of Interior through the National Historic Preservation Act of 1966 and authorized by the U.S. Congress, places the Dover Green District on the National Register of Historic places.
Mr. Hartnett stated that it is proper that the plaque become the property of the City of Dover, who maintains and guards the historic site within the City.
He presented the plague to Mayor Legates with words of praise for the past history of the City’s accomplishments and decisions to preserve the historic values for generations in the future.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
MINUTES
The Minutes of the Regular Council Meeting of September 26, 1977 bore the written approval of Mayor Legates and were approved unanimously by motion of Mr. Hardcastle, seconded by Mr. Muir.
HALLOWEEN PROCLAMATION
The City Clerk read the following Halloween Proclamation, which was approved unanimously by motion of Mr. Weyandt and seconded by Mr. McDonough.
WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and
WHEREAS, the Mayor and Council of the City of Dover has deemed it advisable to restrict the observance of this holiday to October 31, 1977.
NOW, THEREFORE, IT IS PROCLAIMED AND DECLARED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That the Halloween observance shall be held on the 31st day of October 1977 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.
2. That observance of trick or treat be limited to the eve of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.
3. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.
4. That any person violating this, the Proclamation of the Mayor and Council of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinance of the City of Dover.
ADOPTED SEPTEMBER 26, 1977
FIRE SIREN LOCATIONS
Mr. James reported that the study to locate fire sirens within the City of Dover has been completed by the Federal Siren and Signal Company, however, the written report has not been submitted to the Robbins Hose Company.
He requested that this agenda item be bypassed until a future meeting, or at such time that a formal report can be presented to Council.
DOWNTOWN REVITALIZATION - EDA GRANT ACCEPTANCE
Mr. James advised Council of the awarding of an EDA Grant for the revitalization of Downtown Dover in the amount of $800,000 and requested that Mayor Legates be authorized to initiate the final papers of acceptance in behalf of the City.
Mr. Witt moved to approve the Mayor’s authorization, seconded by Mr. Weyandt and unanimously carried.
Mr. McDonough referred to a newspaper article which intimated that the Capital School District received $1,200,000 in EDA Funds over and above the two grants shared with the City of Dover.
Mr. James was requested to research this matter for a future report to Council.
BANK DESIGNATION FOR EDA GRANTS
The City Manager requested that Council designate a bank to handle the $800,000 EDA Grant for downtown Dover revitalization and the $500,000 EDA Grant for the improvement of water lines.
The City has an existing revenue sharing account with the Bank of Delaware. Since the procedures of administering this account is similar to that of an EDA Grant, Mr. James suggested the placement of the account in the aforementioned bank.
Mr. Witt asked if there were any local banks currently who do not have City affiliated accounts. Mr. James replied affirmative, naming the Wilmington Trust Company.
Mr. Witt moved to place the two EDA Grants with the Wilmington Trust Company. The motion was seconded by Mr. McDonough and unanimously carried.
Mr. James added that the budget contains a Capitol Fund for capitol improvement in the amount of $116,000 that will divert to the Capitol Improvement Fund at the end of the year. Accounting wise, it would be advisable to set up a separate account for the above monies.
Mr. McDonough moved to place the account with the Wilmington Trust Company, seconded by Mr. Muir and unanimously carried.
CORRESPONDENCE
Capitol Homes, Inc. - Mobile Home Residence Request
A request was received from Mr. David S. Teel, President of Capitol Homes, Inc., to place a mobile home on their sales lot at 550 Bay Road, adjacent to the Golden Skillet Restaurant and Bay Court Plaza, for the purpose of housing a night watchman.
Mr. Witt noted that this would be in violation of the Zoning Code and an ordinance that stipulates that no one shall reside in a mobile home, outside of a mobile home park, within the City of Dover. Mr. Roe confirmed the above.
Mr. Witt moved that the City Manager be authorized to inform Capitol Homes, Inc., that the request was denied based on the above mentioned Zoning Code and City ordinance.
Mr. Eugene Ruane - City Solicitor Prosecute Conrail Violations
In a letter to Mayor Legates, Mr. Eugene Ruane of 122 Shadow Court, requested that the City Solicitor assist the City Police in prosecuting Conrail in relation to a complaint lodged by him against the freight train engineer due to a violation of Section 20-12 paragraphs O & Q of the City of Dover Noise Ordinance.
As City Solicitor, Mr. Rodriguez commented that he would prosecute any related cases in this matter. Mr. Rodriguez informed Council that the above mentioned case has been momentarily continued due to a temporary restraining order filed by Conrail in the U.S. District Court. The preliminary hearing on the restraining order will be held in Wilmington on October 12, 1977 at 11:00 a.m.
In accordance with action by Conrail, Mr. Rodriguez stated that a petition for a permanent injunction has been filed in the Court of Chancery which stipulates that the area along New Burton Road, adjacent to residential areas, will not be used by Conrail for marshaling or switching of cars.
This petition has been removed to the U.S. District Court by Conrail and will probably be enjoined with the suit filed by Conrail.
Mr. Muir moved for adjournment to meet in Executive Session to discuss personnel and legal matters. The motion was seconded by Mr. McDonough and unanimously carried.
Meeting Adjourned at 8:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of October 11, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
October 11, 1977
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