REGULAR MEETING
September 26, 1977
The Regular Meeting of Council was held on September 26, 1977 at 7:30 P.M. with Mayor Legates presiding. Council members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Bewick requested an additional agenda item to discuss the October 10th Council Meeting, which falls on a federal holiday.
Mr. Witt requested an additional agenda item to discuss a method of attracting general practitioners, or physicians.
The City Clerk requested additional agenda items, under correspondence, concerning a letter from the Bicentennial Committee relating to the Time Capsule and a letter from the Central Dover Business Association relating to a request to hold a sidewalk sale.
MINUTES
The Minutes of the Regular Council Meeting of September 12, 1977 bore the written approval of Mayor Legates and were approved unanimously by motion of Mr. Hardcastle, seconded by Mr. Muir.
MONTHLY REPORTS
Chief of Police Report for the Month of August
Mr. Witt requested additional radar surveillance on the through streets in the City. Captain Donovan agreed that this could be included on the schedule in the department.
Questioned by Mr. Witt, he also stated that the department is short one policeman in authorized strength. There are no plans to fill that position at this time.
By motion of Mr. Witt, seconded by Mr. Muir, Council unanimously approved the Chief of Police Report for the Month of August.
Building Inspector & Fire Marshal Report for the Month of August
By motion of Mr. Bewick, seconded by Mr. Weyandt, the Building Inspector and Fire Marshal Report for the Month of August was unanimously approved.
City Planner Report for the Month of August
Mayor Legates informed Council that there was no Planning Commission meeting in the month of August, therefore no report would be given.
City Alderman Report for the Month of August
The City Alderman Report for the Month of August was unanimously accepted by motion of Mr. Witt, seconded by Mr. McDonough. Total fines remitted - $1,238.00.
General Fund, Cash Receipts Report for the Month of August
The General Fund, Cash Receipts Report for the Month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Muir.
General Fund, Budget Report for the Month of July
The General Fund, Budget Report for the Month of July was unanimously approved by motion of Mr. Muir, seconded by Mr. Weyandt.
Electric Revenue Fund, Cash Receipts Report for the Month of August
The Electric Revenue Fund, Cash Receipts Report for the Month of August was unanimously approved by motion of Mr. Witt, seconded by Mr. Bewick.
Electric Revenue Fund, Budget Report for the Month of July
The Electric Revenue Fund, Budget Report for the Month of July was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
Electric Improvement Fund, Cash Receipts & Disbursements Report for the Month of August
The Electric Improvement Fund, Cash Receipts & Disbursements Report for the Month of August was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Muir.
Library Fund, Cash Receipts & Disbursements Report for the Month of August
The Library Fund, Cash Receipts & Disbursements Report for the Month of August was unanimously approved by motion of Mr. Muir, seconded by Mr. McDonough.
CITY MANAGER REPORT FOR THE MONTH OF AUGUST
Water Disbursement Lines - EDA Funds
Mr. James reported receiving an offered grant from the U.S. Department of Commerce, Assistant Secretary of Economic Development, notifying the City that a request for $500,000 to improve water distribution lines has been approved.
He requested authorization to enable the Mayor to sign the acceptance form, attested by the City Clerk.
By motion of Mr. McDonough, seconded by Mr. Bewick, Council unanimously approved authorization to sign the acceptance form.
Downtown Dover - Renovation Funds
The City Manager reported that a grant offer has not been received relating to funds applied for to renovate downtown Dover. Supposedly the necessary paperwork was delivered to the Assistant Secretary of Economic Development on Saturday, September 17th for final processing.
Questioned by Mr. Witt, Mr. James informed Council that the Consultant Engineers are now performing a survey in preparation to formulate plans for submission to Council for final acceptance.
By motion of Mr. Witt, seconded by Mr. Muir, Council unanimously accepted the City Manager’s Report.
J.P. COURT #7 REPORT - AUGUST
A check was received from J.P. Court #7 for the Month of August in the amount of $10,561.20. Deferred payments as of June 1977 - $32,820.44.
By motion of Mr. Weyandt, seconded by Mr. McDonough, Council unanimously approved the report as submitted.
PARKS, PLAYGROUNDS & TREES COMMITTEE REPORT
The Parks, Playgrounds and Trees Committee met on September 19, 1977 with Chairman Hardcastle presiding.
Peterseil Tract - Proposed Parkland
In considering the proposed parkland in the Peterseil development, the Committee recommended that the lands between the development and the property of Chesdel, consisting of approximately 13 acres, be left as public open space for the purpose of maintaining its natural state. In addition, a rectangular plot of land consisting of approximately 2.8 acres would be dedicated as public park or play area.
Mr. McDonough pointed out that the above two plots represents in excess of the required 10% park area based on total development acres. He cautioned staff in their future demands on developers for adequate park space, stating that this could be considered an infringement on the owner’s rights.
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, Council unanimously approved the recommendation of the Committee to accept the Peterseil Tract parkland as submitted.
Outdoor Fair Request - D.O.I.C.
The Committee discussed at length a request from Mr. Fred Way, Unit Manager of the Delaware Opportunities Industrialization Center, to hold an outdoor fair at the City of Dover Park and Recreation Area. It was their recommendation that the group be permitted to use the park, providing that they meet the rules of eligibility and stipulating that the Park Director check with the Internal Revenue Department as to the qualifications of the D.O.I.C. A subsequent investigation revealed that the organization does qualify.
Mr. Hardcastle moved for the recommendation of the Committee, seconded by Mr. Weyandt and unanimously carried.
Halloween Observance
The Committee recommended to Council that Halloween observance be held on October 31, 1977 and Trick or Treat be initiated between the hours of 6:00 p.m. and 10:00 p.m.
Mayor Legates presented a petition from Miss Ann Hartnett, of Holy Cross School, containing 191 names asking that Halloween be observed on Saturday, October 29, 1977.
Mr. Hardcastle moved that the petition be placed in the record, seconded by Mr. Carey and unanimously carried.
Mr. Muir moved for the recommendation of the Committee to observe Halloween on October 31, 1977 and that Trick or Treat be initiated between the hours of 6:00 p.m. and 10:00 p.m.
Mr. Witt moved to amend the motion to read that Trick or Treat will be observed between the hours of 6:00 p.m. and 9:00 p.m. The motion was seconded by Mr. Bewick. On a vote for the amendment, the motion was unanimously carried.
On a vote for the motion to observe Halloween on October 31, 1977, the response was unanimous.
Mr. Witt moved to accept the report of the Parks, Playgrounds and Trees Committee as submitted, seconded by Mr. Bewick and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 21, 1977 at 5:00 p.m. with Councilman Witt presiding.
Proposed Amendment - Description of Farmland
The Committee considered a proposal by the City Solicitor to strike the two existing provisions in the Charter, dealing with farmland, because of their vagueness and insert in their place a clause which would empower Council to define and assess or exempt farmland by ordinance.
It was the Committee’s recommendation to accept the City Solicitor’s proposal.
Mr. McDonough explained that this proposal would remove any description of farmland from the City Charter and permit Council to define farmland by ordinance.
Mr. Witt moved for the recommendation of the Committee, seconded by Mr. Muir and unanimously carried.
Reed-Roberts Associates - Unemployment Compensation Insurance
Mr. Witt explained the necessity for the City to conform with the new federally mandated law now implemented by Delaware in House Bill #596, relating to Unemployment Insurance for municipalities.
The City has a choice of self-insuring, which would be billed quarterly, based on actual payments to employees, or to obtain insurance at an annual premium of $18,900 based on the number of employees. The City Manager’s office feels that actual billing, due to the small amount of claims, will be the method chosen by the City. However, this will be determined by the firm of Reed-Roberts, who will conduct a survey and monitor all City related claims for an annual fee of $551.25.
Mr. Witt also pointed out that the proposal submitted by Reed-Roberts is endorsed by the Delaware League of Local Governments and to date, ten towns and cities have enrolled.
It was the Committee’s recommendation that the City Manager be authorized to accepted the Reed-Roberts proposal for a period of one year, beginning January 1, 1978.
Mr. Weyandt moved for the recommendation of the Committee, seconded by Mr. Carey and unanimously carried.
Long Term Disability Insurance
The Committee was informed by Mr. Hodge that the City Manager’s Office has solicited bids for long term disability insurance and Crown Life Insurance Company was the low bidder.
The purpose of the insurance is to provide long term off-the-job accident and sickness salary continuation after existing L.I.D. ceases. The cost of the coverage is based on an employee’s weekly salary, said cost to be borne entirely by the employee as an optional benefit. It was noted that a requirement of 75% enrollment of employees will be necessary to initiate the program.
After considerable discussion and explanation of the coverage, the Committee recommended that the coverage be introduced to the employees by distributing enrollment cards and holding group educational meetings, making it clear that the program cannot be initiated without 75% enrollment. The above will be initiated by the Office of the City Manager.
L.I.D. Insurance - Aetna vs. Safeco
Mr. Witt related to the present coverage of L.I.D. Insurance which is under-written by Aetna Insurance Company. A competitive bid on the coverage was recently acquired from Safeco Insurance Company. The bid submitted by Safeco Insurance Company in comparison to the present rates paid to Aetna reflected a savings of $10,206 annually. The cost of L.I.D. insurance is split on a 50% basis with the employee, totaling a savings of $5,103 for the employees and a like amount of savings to the City of Dover.
It was the recommendation of the Committee that the City Manager be authorized to adopt the plan as submitted by Safeco.
By motion of Mr. Weyandt, seconded by Mr. Bewick, Council, unanimously approved the recommendation of the Committee.
Parking Meter Removal - Downtown Dover Area
The last item to be considered by the Committee was the removal of parking meter heads in the downtown area as requested by the merchants.
The meters is questions are presently being covered by the merchants with reimbursement to the City. It was noted that the merchants are reimbursing the City for 72 meters and actually 76 meters are covered.
The Committee recommended that the merchants request to remove the meters be honored, stipulating that they continue to reimburse the City.
Mr. McDonough moved that 76 meter heads be removed in the downtown area, stipulating that the merchants reimburse the City at the previous agreed upon rate. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Hardcastle moved to accept the report of the Legislative and Finance Committee, seconded by Mr. Muir and unanimously carried.
PUBLIC HEARING - RAILROAD SWITCHING-MARSHALING AND NOISE ORDINANCE
A public hearing was duly advertised for this time and place to consider a noise ordinance, incorporating a section prohibiting excessive or unnecessary or avoidable noise in the operation of a railroad. Mayor Legates declared the hearing open and directed the City Clerk to read specific sections of the ordinance.
Mr. Rodriguez explained that under the City of Dover Code, the maximum penalty for the various sections of the ordinance is $100 set by the General Assembly, which cannot be altered. He added that the ordinance was obtained from the National Institute of Municipal Law Offices and has been approved in three court cases pertaining to railroads.
Mr. McDonough stated that the ordinance did not specifically prohibit railroad activity in areas as requested by Council. He asked if this type of prohibitive ordinance had ever been proven in court.
The Solicitor’s answer was affirmative, adding that an ordinance must be enforceable and the ordinance is enforceable as proven in court.
Mr. Dick Snyder of 1172 Charles Drive inquired into the procedure of filing a complaint under the ordinance and who would prosecute same.
The Solicitor answered that all complaints would be entered with the City of Dover Police where a warrant would be issued and the case tried at J.P. Court #7, or possibly the Court of Common Pleas if the offender exercised this prerogative. The railroad would be required to prove that the ordinance is unconstitutional.
Mr. Snyder’s final remarks incorporated the statement that the ordinance, as submitted by the Solicitor, does not prohibit the railroad switching and marshaling activity.
The Solicitor remarked that he did not feel that the City would have a change in court if a prohibitive ordinance were to be adopted. The prohibitive action could only be accomplished through a suit filed with the Court of Chancery.
Mr. Eugene Ruane of 122 Shadow Court, eluded to the fact that the proposed ordinance does not specifically prohibit a marshaling yard as directed by Council. It was his opinion that the City is in violation of its Code by not initiating a direct action on the activity as requested by the citizens. He added that Conrail was lying when they agreed to a scheduled time for switching cars; a schedule that is impossible to maintain.
Mr. Ruane suggested an amendment to the Zoning Ordinance, which would prohibit switching and coupling of railroad cars within a one mile radius of a residential area, between the hours of 10:00 p.m. and 7:00 a.m.
Mr. Franklin Wolfe of 108 Blue Beach Drive, requested to have his letter of September 12, 1977 to Conrail and the following statement, made a part of the Official Minutes.
Statement
“TO:Mayor Charles Legates
Members of Council
The City of Dover
The following statement is offered as further protest to the train shifting operations currently conducted within the limits of the City of Dover by Conrail.
I respectfully request the inclusion of this statement in the Minutes of the hearing of this matter to be held Monday, September 26, 1977.
* * * *
An apparent forthcoming agreement by Conrail to move shifting operations from night to day is at best an attempt to pacify those of us who are directly affected by this extremely offensive noise problem. If an equitable solution to this pollution problem is to be found, then we must first explore the logic inherent in the answer to the following questions.
Why is it that our elected State officials, at the insistence of its citizenry, enacted into law the necessary legislation needed to protect our shore line from industrial pollution?
Why is it that through Federal and State legislation, industry of long standing is forced to abide by rigid pollution standards and controls?
Why is it that the automobile and jet aircraft industries must adhere to explicit levels of pollution?
Why is it that Federal funds have been made available to research and develop construction materials for intercity and urban renewal that could absorb and soften the noise generated by City activity?
Why is it that cities establish quiet zones for hospitals?
Why is it that Conrail feels exempt to noise abatement and is to some degree supported in their position by elected and appointed public officials, be they City, State or Federal.
If the railroad is so essential to the economy of Delaware, then it is a State problem. Surely, with the State’s resources and with further Federal assistance Conrail could be encouraged to develop a staging area in a location that, with adequate zoning could protect the residents of the City of Dover, the residents of the surrounding area, and at the same time protect the interests and perhaps the future of the railroad in the State of Delaware.
W. Frank Wolfe
108 Blue Beach Drive
Dover, Delaware 19901"
Letter
“TO:Mr. Lloyd B. DePrau, etal
Consolidated Rail Corporation
6 Penn Center Plaza
Philadelphia, Pennsylvania 19104
Gentlemen:
Our home is located at the entrance to Crossgates, and is directly adjacent to New Burton Road. Save for a few trees, there are no buildings or structures separating our home from the railroad. I would estimate this distance to be approximately 325 feet. We are original owners and have resided here for approximately ten years.
We purchased our home fully aware of the fact that on occasion our peace and tranquility would be interrupted by passing trains (usually two a day) and the resulting noise from necessary shifting of cars to accommodate General Foods. The addition of Scott Paper a short time ago increased this activity.
The noise level created by the railroad during the past ten years on numerous occasions has become unbearable. Cards, some with box car letters to the effect “Do Not Hump” were (and still are) allowed to coast unattended from a point opposite the B & B Package Store (and even beyond-toward Agway) to a point adjacent to the entrance to Crossgates (3 to 5 hundred yards) where they would crash into standing cars. This has been allowed to happen day and night. The result in action and reaction between connected cars on the siding sends a shockwave of intense bombardment which sometimes lasts beyond three or four reaction cycles. On occasion, this humping has been severe enough to dislodge box car’s wheels from the track. I assure you this is not an exaggeration and can be attested to by witnesses. Railroad work orders may also reveal the time expended in jacking and craning these cars back onto the tracks.
It is also worth noting that the switching engines are allowed to stand for hours with the engine idling while the crew with little else to do sits on a bench along side the road. This is a general practice and occurs day or night. The pitch of the engine can be very grating or nerve racking, especially on a clear and otherwise quiet night.
The noise level is not the only problem. The overall appearance of railroad property, at least in the immediate vicinity, is deplorable and is probably the most unsightly property in the area. Weeds and trash are allowed to accumulate. Efforts by the railroad to correct this problem are confined mainly to winterkill, when cold enough to kill the weeds, and wind, when sufficient to shift the accumulated trash to adjacent properties.
The recent relocating of the train staging operation from other downstate facilities has created conditions that are so extreme that we cannot carry on a conversation inside our home unless the doors and windows are closed. The porch and picnic area we have added to our property are totally useless. It is impossible to sleep through the night without the assistance of sleeping pills. These operations which begin as early as 2 a.m. continue until 5:30 or 6:00 a.m. Shifting this operation to daylight hours is not an equitable solution. The problem is still there. An individual’s reaction to sound is no different by day or night. If this were the case all one would need do would be turn on all the lights and sleep through night noises.
We are hesitant to have overnight house guests or friends in for even a short period of time. We can no longer sit out in our yard and enjoy our flowers and trees. Our cat refuses to go out of the house and spends his time hiding under the bed.
Mr. wife and I have spent considerable time and money on out property and have turned it into a show place. Our friends and neighbors have questioned whether or not we could ever realize the value of our property if we were to sell, even though property value in the area has (or rather had) increased 20 to 40%. However, we didn’t build our home in the City of Dover with the intention of selling.
We are hopeful that our efforts to convince the City of Dover to enact an ordinance against this operation within the City limits as being undesirable and contrary to the rights, health and safety of its citizenry will be forthcoming.
Concerns expressed to our elected State and Federal officials may hopefully result in an equitable solution to the problem. However, you may be assured of one thing. Like all other American citizens I am guaranteed not only the right to own property but also the right to happiness. Surely any reasonable definition of happiness would include health and a reasonable amount of serenity.
Granted the railroad was there first. Granted the railroad should have the right to change its operation so as to become more efficient and to ultimately save money. On the other hand, the railroad has a limited operation in this area. This new operation is of the magnitude that those persons directly affected by this change should have been afforded the opportunity of a hearing. Both General Foods and Scoot Paper have stated publicly that they were unaware of any intended forthcoming change in the railroad’s operation. They were just as surprised in your change in operation as was everyone else. I hasten to remind you that the railroad in its present state belongs to the people and we have the right to be heard.
We have been led to believe that railroads are exempt from Federal Noise Abatement Regulations. It is difficult for me to understand why my automobile, my radio and my lawnmower are not exempt too. For that matter, why not exempt our highways and the airlines? Speaking of the latter two, collectively they are spending considerable amounts of money on this very problem. What are the railroads doing?
State and Federal Courts have acted to protest the rights of the people in cases where either the airlines or highways have attempted to create a condition that could affect mental or physical health, or property value.
If all else fails, and reasonable persons exercising reasonable means fail to convince the railroad to move their operation, then I for one am prepared to take a more direct approach.
A peaceful demonstration that would limit your movements is not entirely out of the question. If this is what is needed to get sufficient attention to force a solution to the problem, then why not? After all, your action in shifting this operation to my front yard has interfered with my rights. Why should I, if need be, not actively interfere with the rights of the railroad?
Reasonably yours,
W. Frank Wolfe
108 Blue Beach Drive
Dover, Delaware 19901"
Mrs. Lawrence Taylor of 301 Fiddlers Green, related to the noise of Conrail as frightening. It was her opinion that the proposed noise ordinance contained conflicting sections, stating that Section 0 makes allowances for noise of a railroad at certain times and Section K prohibits excessive noise adjacent to schools and churches, which in fact exist in the area of New Burton Road.
Mr. Charles Hall of 790 Oak Drive described his very close proximity to the railroad and urged Council to approve the proposed ordinance which he thought a step in the right direction.
Mr. Weyandt expressed an opinion that the City and citizens should appeal to the Public Service Commission for assistance in formulating regulations that would curtail Conrail’s activity. He did not feel that Council should act on legislation that perhaps does not have the power to solve a very real problem of citizens, in the marshaling area.
After conferring with the PSC, he suggested taking the problem to the State level, since the noise ordinance, as written, does not properly prepare the City to enter into a legal conflict with Conrail.
Mr. Bewick felt it vital to pass the ordinance as written, as a first step to at least portray to Conrail that the City will take action to stop the marshaling activity as conducted.
Mr. McDonough stated that Council asked specifically for an ordinance on railroads and the ordinance as written covers many offensive noises that many present were not prepared to consider. He felt that the first order of business should be to institute a suit in the Court of Chancery. He added that the ordinance will still allow the marshaling to continue.
Mayor Legates stated that he would be perfectly willing to take the question on Conrail before the Court of Chancery for a ruling and would honor such a motion, but he did not feel that the much needed noise ordinance should be ignored.
Mr. Anthony Sagredo of 120 Shadow Court was present to urge Council for immediate action to stop the activities of Conrail in the area.
Mayor Legates declared the hearing closed.
Mr. Bewick moved for adoption of the ordinance, seconded by Mr. Weyandt. By a roll call vote of five (5) yes, two (2) no, - Mr. McDonough and Mr. Carey - and one (1) absent, Mr. Carson, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That Section 20-12 of the Dover Municipal Code be, and the same hereby is revoked in its entirety.
2. That a new Section 20-12 is hereby enacted to read as follows:
Section 20-12. Excess Noise Prohibited. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the City. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of the Section, but said enumeration shall not be deemed to be exclusive, namely;
(A) Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public places of the City, except as a danger warning; the creation by means of any such signaling device unnecessary and unreasonable period or time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(B) Radios, Phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o’clock p.m. and seven o’clock a.m. in such manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Section.
(C) Loud Speakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure unless authorized by permit.
(D) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(E) Animals, Birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
(F) Whistles. The blowing of any locomotive whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper City authorities or in compliance with the State law.
(G) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(H) Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(I) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
(J) Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair or any building other than between the hours of seven o’clock a.m. and six o’clock p.m. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways, within the hours of six o’clock p.m. and seven o’clock a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of six o’clock p.m. and seven o’clock a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
(K) Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
(L) Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(M) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
(N) Metal Rails, Pillars and Columns, Transportation Thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
(O) Railroads. The causing, permitting or continuing of any excessive, unnecessary or avoidable noise in the operation of a railroad. The creation of excessive noise by a railroad or in railroad operations by way of moving or switching of cars or trains or by any other means in or adjoining a residential area between the hours of eleven o’clock p.m. and seven o’clock a.m. which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City limits shall be prima facie evidence of a violation of this Section.
(P) Pile Drivers, Hammers, etc. The operation between the hours of ten o’clock p.m. and seven o’clock p.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
(Q) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases of fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
Mr. McDonough moved to recommend that the noise ordinance become effective at 12:01 a.m. September 29, 1977. This would allow time to determine who would be served a summons in case of a violation of the section pertaining to railroads. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. McDonough moved to proposed that City Council direct the City Solicitor to bring suit int eh Court of Chancery as soon as possible to have the railroad switching operation on New Burton Road declared a public nuisance and that it be directed to cease and desist such an operation and that it be removed from the City limits of the City of Dover. The motion was seconded by Mr. Weyandt. The motion was unanimously carried by a roll call vote of seven (7) yes, Mr. Carson absent.
Mr. Rodriguez requested that interested citizens, such as Mrs. Taylor and Mr. Wolfe, furnish his office with names and addresses or persons wishing to join the Conrail suit in the event that it is determined necessary. He also explained that since this would be a suit instituted by the Council, there would be no financial responsibility placed on individual citizens.
PUBLIC HEARING - FIRE LANE - REED STREET
A public hearing was duly advertised for this time and place to consider an ordinance that would create a fire lane on the north side of Reed Street from the northeast corner of Reed Street and South Governors Avenue, east to the alley between South Bradford Street and South Governors Avenue.
Mayor Legates declared the hearing open.
There was no one present to speak for or against the ordinance and no correspondence. Mayor Legates declared the hearing closed.
Mr. Witt moved for adoption of the ordinance, seconded by Mr. Weyandt. By a unanimous roll call vote, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. A fire lane shall be designated and established on the north side of Reed Street from the northeast corner of Reed Street and Governors Avenue east to the alley.
2. This ordinance shall be enforced upon the erection of appropriate signs.
ADOPTED SEPTEMBER 26, 1977
PUBLIC HEARING - TRAFFIC CONTROL SIGNS - BICENTENNIAL VILLAGE, THE GREENS OF DOVER AND PRESIDENTIAL COURTS
A public hearing was duly advertised for this time and place to consider an ordinance that would allow traffic control signs in Bicentennial Village, The Greens of Dover and Presidential Courts. Mayor Legates declared the hearing open.
Mr. Witt moved to dispense with the reading of the ordinance, seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved for the adoption of the ordinance, seconded by Mr. Weyandt. By a unanimous roll call vote, Council adopted the following ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The following traffic regulations shall be imposed in Bicentennial Village:
(a) Vehicles shall be required to stop on Independence Boulevard at its intersection with Walker Road; vehicles shall be required to stop traveling north on Freedom Drive at its intersection with Independence Boulevard; vehicles shall be required to stop on Liberty Drive at its intersection with Independence Boulevard; vehicles shall be required to stop on Liberty Drive at its intersection with Freedom Drive; vehicles shall be required to stop traveling south on Freedom Drive at its intersection with Independence Boulevard; vehicles shall be required to stop on Independence Boulevard at its intersection with Route #8.
(b) Vehicles shall be required to yield the right of way on Freedom Place at its intersection with Freedom Drive.
2. The following vehicle regulations shall be in effect in The Greens of Dover:
(a) Vehicles traveling on Town Crier Lane shall be required to stop at its intersection with Independence Boulevard; vehicles traveling on Inkeeper Lane shall be required to stop at its intersection with Independence Boulevard; vehicles traveling on Lamplighter Lane shall be required to stop at its intersection with Independence Boulevard; vehicles shall be required to stop on Constitution Lane at its intersection with Independence Boulevard.
3. The following traffic regulations shall be in effect in Presidential Courts:
(a) Vehicles traveling on Washington Drive shall be required to stop at its intersection with Route #8; vehicles traveling on Washington Drive shall be required to stop at its intersection with Independence Boulevard.
(b) Vehicles traveling on Jefferson Court shall yield the right of way at its intersection with Washington Drive; vehicles traveling on Adams Court shall yield the right of way at its intersection with Washington Drive.
4. This ordinance shall be enforced upon the erection of appropriate signs and upon dedication and acceptance of the streets by the City of Dover.
ADOPTED SEPTEMBER 26, 1977
PUBLIC HEARING - CITY OF DOVER AMBULANCE FEES
A public hearing was duly advertised for this time and place to consider a revision of the City of Dover ambulance feeds. Mayor Legates declared the hearing open.
Mr. Paul O’Brien of 728 Halsey Road was present to speak against the increase in the ambulance fees, informing Council that in a recent poll six out of eight citizens stated that they were against ambulance fees and seven out of eight citizens had no insurance covering same.
He wished to go on record as favoring free services for citizens of the City of Dover and a charge for out of town ambulance services.
Mr. David Perman was present, speaking against a fee for emergency services, reminding Council that the City provides other free services such as the Senior Surrey and trash collection.
Questioned by Mr. Bewick, Mr. James stated that a fee for ambulance service would not jeopardize future federal funding.
Mr. Weyandt was decisive in his opinion that there should be charges for ambulance service, stating that insurance covers 80% or better of all claims, and the City should at least collect this amount. He added that the service should be free for those that are unable to pay.
Mr. Weyandt used the ambulance report for October 1976 as an example, informing Council that 131 calls were made for the month and 79 of those calls were in the City limits, but 52 calls were outside of the City limits. As of October, $12,605.31 had been billed by the City and only $836.50 of this amount had been collected. It was his opinion that 65 or 70% of those people using the ambulance for the month were covered by insurance.
Mr. Witt suggested that all ambulance services to the hospital should be free, with a charge to non-residents of $50 and all other transportation should be 50¢ per mile.
Questioned by Mr. McDonough, Mr. James stated that the collection rate for ambulance fees amounts to approximately 40%. All bills are mailed to the recipient of the service, who are refunded by the insurance companies. He added that the hospital will not furnish information on any of their insured patients.
Chief Kemp informed Council that the Robbins Hose Company has never furnished ambulance services in or out of the City of Dover. The service furnished by the City encompasses the fire district of Robbins Hose, which extends far beyond the corporate limits. If the service were to be discontinued, Chief Kemp stated that the additional emergency calls to the fire company would be impossible to handle.
Mayor Legates declared the hearing closed.
After considerable discussion, Mr. Bewick moved that the Mayor appoint a Committee to work with Levy Court to develop a schedule of ambulance fees and joint use of same. The motion was seconded by Mr. Hardcastle. Council, by a unanimous vote, approved the motion.
PUBLIC HEARING - REZONING OF 2 NORTH BRADFORD STREET - RICHARD E. WILSON
A public hearing was duly advertised for this time and place to consider the rezoning of a property located at 2 North Bradford Street, owned by Richard E. Wilson. The equitable owners are Michael and Frances M. Otto. Mayor Legates declared the hearing open.
Questioned by Mr. McDonough, Mr. Roe stated the uses of the property under a C-1A zoning, explaining that there is limited on-street parking only and any business allowed under a C-1A zoning would have to be carefully screened by the Planning Commission. It was noted that permission has been obtained from the Baptist Church for the use of their parking area.
Mr. David Perman asked if the property conformed with C-1A bulk requirements and if it does not, why would Council consider rezoning same.
Mr. Lockwood Emmert, of Livingston & Emmert Realty, was present pointing out that 2 North Bradford Street has been zoned for commercial since 1946. In addition, properties in a four or five block of this location could not qualify for a rezoning. Therefore, many areas in the City could never be changed if there were not exceptions made to the Code. No large business traffic is anticipated for the use of the bridal salon.
Mr. Weyandt pointed out that the Planning Commission recommended approval on the basis that adjacent properties are zoned commercial and this would only enlarge the present zoning. In addition, the Comprehensive Plan recommends community services or continuance of neighborhood commercial. It was his opinion that the guidelines of the Comprehensive Plan should be followed.
Mayor Legates declared the hearing closed.
Mr. Muir moved for approval of the rezoning, seconded by Mr. Weyandt, and Council by a unanimous roll call vote adopted the following ordinance.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF THE LAND LOCATED AT 2 NORTH BRADFORD STREET.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-0 to C-1A.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-0 to C-1A on that property located at 2 North Bradford Street, owned by Richard E. Wilson.
ADOPTED SEPTEMBER 26, 1977
PEOPLES BANK MOBILE UNIT - BAY COURT PLAZA
Mr. Roe reported that the Planning Commission recommended approval for the placement of a mobile banking unit for Peoples Bank at the location of Bay Court Plaza. Mr. Roe further recommended that the mobile unit be permitted until such time as the permanent building is completed, or a period of one (1) year.
Mr. Hardcastle moved that the mobile banking unit be permitted for a period of one (1) year, seconded by Mr. Weyandt and unanimously carried by a roll call vote.
FIRE SIREN - WYOMING AND GOVERNORS AVENUES
Mr. Weyandt reported a petition in hand, signed by residents in the area of Wyoming and Governors Avenue, requesting that the fire siren in that area be moved to a new location. He stated that the siren is in its present location due to a study made ten to fourteen years ago. It was his feeling that the citizens of the area have legitimate request due to the close proximity of the siren to their residences. Mr. Weyandt suggested moving the siren 400' east and 400' south, which would place the siren on the south end of the lot now occupied by the Safeway Store at Carroll