REGULAR MEETING
May 12, 1975
The Regular Meeting of City Council was held on May 12, 1975, at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Harris and McDonough. Mr. Witt was absent.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the regular Council meeting of April 28, 1975 were accepted and bore the written approval of Mayor Carroll.
NATE COHEN PRESENTATION - EXHIBITION HALL DEPICTING THIRTEEN ORIGINAL STATES
Mr. Nathan Cohen and Mrs. Joan Bryan were present and presented plans for an Exhibition Hall depicting the thirteen original states to be erected on a twenty acre site to be leased to the State of Delaware for $1.00 per year for twenty years. The land, which is located near the Sheraton Hotel on RT 13, would include parkland with thirteen 50' poles with flags of the states represented. The project would hopefully be completed in September of 1975.
On motion of Mr. Muir, seconded by Mr. McDonough, Council approved the concept of Mr. Cohen’s project in accordance with the opinion of Mr. Roe on conformation with the various codes and ordinances of the City of Dover.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Tree Removal - Mrs. Jessica Terry - In considering a request of Mrs. Jessica Terry of South State Street to remove a tree in front of her residence, Council approved the recommendation of the Committee to direct Mr. Woods to contact Mrs. Terry and discuss an alternate solution without formal action.
Scout Troops Painting House Numbers on Curbs - The Committee recommended to Council that five scout troops, submitted by District Scout Executive James L. Thompson, be authorized to proceed with a project to paint house numbers on curbs in the City. All segments of the project are to be coordinated by Mr. Thompson. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council approved the recommendation of the Committee and stipulated that procedures would be under the guidance of the City Manager.
Dedication Date for Municipal Park and Recreation Center - The Committee recommended that the City Manager, Mr. Woods and Mr. Ginsburg prepare a program of events and set a date for the dedication of the City of Dover Park and Recreation Center. A report of the program and date will be forthcoming to Council.
On motion of Mr. Muir, seconded by Mr. Hardcastle, Council accepted the written report of the Parks, Playgrounds and Trees Committee as submitted.
SAFETY ADVISORY COMMITTEE
Hospital Employee Parking - - South Bradford Street - The Committee considered a request from Mr. Donald L. King of 814 South Bradford Street to institute two hour parking in the area due to hospital employees using available spaces during the day. Chief Spence outlined a five point plan in a report to the Committee which would alleviate the parking problem.
Due to his affiliation with the hospital board, Mr. Woods informed the Committee that the hospital was cognizant of the parking problem and corrective measures were imminent. Council took no formal action awaiting further developments reported by the Committee.
Wesley Coote - Hedge - Southwest Corner of Sunset Terrace and Dover Street - Mr. Wesley Coote, in a letter to Council, sited a hedge on the southwest corner of Sunset Terrace and Dover Street as a traffic hazard and an obstruction of the sidewalk. Based on a report from Chief Spence, the Committee recommended that the owner be contacted and requested to trim the hedge according to the City Ordinance.
On motion of Mr. Legates, seconded by Mr. Muir, Council voted for the recommendation of the Committee.
Signals - Division and Queen - Loockerman and Queen - By suggestion of Mr. Hardcastle, the Committee discussed rescinding the ordinance which restricts parking on one side of Queen Street between Division and Loockerman Street. Chief Spence stated in his report that Queen Street is a main traffic bearing artery and referred to a study by the State Highway Department which recommended that these intersections be redesigned and traffic signals installed. It is the recommendation of the Committee that a letter be mailed to the State Highway Department immediately to expedite this project.
On motion of Mr. Hardcastle, seconded by Mr. Legates, Council voted for the recommendation of the Committee.
The Committee elected to invite Mr. David King, President of the Dover Parking Authority, Mr. Bernard Ettenger, President of the Central Dover Business Association, to discuss parking problems in the downtown area before taking formal action on a suggestion to recommend two hour parking between Reed and Division Street on State Street. The meeting will be held June 2, 1975.
On motion of Mr. Legates, seconded by Mr. Muir, Council accepted the report as submitted.
LEGISLATIVE AND FINANCE COMMITTEE
Police Department Rules and Regulation Changes - The Committee met with Chief Spence and representatives of the Kent County F.O.P., Timothy Mullaney and Eugene Phillips, to discuss the proposed rules and regulations for the City of Dover Police Department.
The Committee recommended that Section 1.28, ‘Debts - Incurring and Payment” be amended to read as follows: “Only members and employees of like rank can co-sign of endorse any promissory note or other loan.”
Section 3.17, “Presumption of Responsibility” was discussed by the Committee and it is their recommendation that this regulation remain as is with no changes.
Section 7.7, “ Trade Unions - Organizations Affiliated with Trade Unions” was discussed and the Committee recommends that this regulation be stricken completely from the rules and regulations of the Police Department.
On motion of Mr. Perman, seconded by Mr. Legates, Council voted to accept the recommendations of the Committee relative to the changes in the rules and regulations of the Police Department.
On motion of Mr. Cullen, seconded by Mr. Legates, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Witt, adopted the rules and regulations of the Police Department as proposed and amended above.
Home Rule Legislation - The Committee recommended that in the best interest of the City of Dover, Council should adopt home rule and have the City Solicitor draw up the legislation to be presented to the General Assembly for adoption.
Mayor Carroll questioned the writing of such legislation without guidelines and stated that a detailed study should be made and the results brought before Council for discussion to determine what effects it will present to the City in the future, before presentation to the General Assembly.
Mr. Harris felt that the recommendation, as presented, was ambiguous in that it did not spell out in detail what changes would be made and seemed to imply definitive action which he was not prepared to vote for at this time.
Mr. McDonough stated that the intent of the Committee was to have Home Rule inserted into the City’s Charter to abolish the requirement of the City having to go through the state legislative body in order to amend our present charter.
A lengthy discussion followed resulting in an amendment to the recommendation of the Committee that would insert “presented to the City of Dover Council for their action prior to presentation to the General Assembly for adoption.” Mr. McDonough accepted this amendment stipulating that this legislation be prepared in time for the present session of the General Assembly which ends June 30, 1975.
As recommended by the Committee and amended, Mr. Cullen moved that the City Solicitor draw up legislation to adopt Home Rule, to be brought before the City of Dover Council for their action prior to presentation to the General Assembly for adoption and that this legislation be prepared in time for action in the present session of the General Assembly which terminates June 30, 1975. The motion was seconded by Mr. McDonough and carried.
City Auditor Appointment - The Committee recommended that Mr. William Manter be reappointed as auditor of the City of Dover for another year.
On motion of Mr. Cullen, seconded by Mr. Hardcastle, Council voted for the recommendation of the Committee.
Recreation Director Classification Change - In considering the present classification of G-16 for a Recreation Director, the Committee felt that a classification of G-20 would be more realistic thereby attracting a more qualified applicant. It is their recommendation that Council approve this reclassification as stated above.
On motion of Mr. Hardcastle, seconded by Mr. Cullen, Council approved the recommendation of the Committee.
Ordinance - Disorderly Conduct - On motion of Mr. Legates, seconded by Mr. Muir, Council waived reading if the Disorderly Conduct Ordinance. A discussion followed on Section K dealing with loud and Boisterous noises with input from Chief Spence and Mr. Legates.
On motion of Mr. Legates, seconded by Mr. Perman, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Witt, adopted the following ordinance which would repeal, renumber and cause additions to the present ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET THAT THE DOVER MUNICIPAL CODE SHALL BE AMENDED AS FOLLOWS:
1. Sections 20-9, 20-17, 20-18, 20-19, 20-20, 20-21 and 20-22 are hereby repealed.
2. The following sections shall be renumbered, 20-10 shall be 20-9; 20-11 shall be 20-10; 20-12 shall be 20-11; 20-13 shall be 20-12; 20-14 shall be 20-13; 20-15 shall be 20-14; 20-16 shall be 20-15.
3. The following new sections shall be added as follows:
Section 20-17. Definitions.
(a) Public Place shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern, or other place of business and also public grounds, areas, or parks.
(b) Riot shall mean a public disturbance involving (1) an act or acts of violence by one or more persons
(c) Incite a riot shall mean, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
Section 20-18. Disorderly Conduct Prohibited. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place:
(a) Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his life, limb or health;
(b) Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged.
(c) Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health, or property of another;
(d) Interferes with another’s pursuit of a lawful occupation by acts of violence;
(e) Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the City Police or other lawful authority known to be such;
(f) Is in the public place under the influence of an intoxicating liquor or drug in such conditions as to be unable to exercise care for his own safety or the safety of others;
(g) Resists or obstructs the performance of duties by City Police or any other authorized official of the City, when known to be such an official;
(h) Incites, attempts to incite, or is involved in attempting to incite a riot;
(i) Addresses abusive language or threats to any member of the City Police Department, any other authorized official of the City who is engaged in the lawful performance of his duties, or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited;
(j) Damages, befouls, or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition;
(k) Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road, street, lane, alley, park, square, or common, whereby the public peace is broken or disturbed, or the traveling public annoyed;
(l) Fails to obey a lawful order to disperse by a police officer, when known to be such an official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened;
(m) Uses abusive language or make an obscene gesture.
Section 20-19. Exemptions. This ordinance shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.
4. The following sections of the Dover Municipal Code shall be renumbered as follows: Section 20-23 shall be Section 20-20; Section 20-24 shall be 20-21; Section 20-25 shall be Section 20-22; Section 20-27 shall be Section 20-24; Section 20-28 shall be Section 20-25; Section 20-28.1 shall be 20-26.
ADOPTED MAY 12, 1975
Report - City County Liaison Committee - Mr. Legates presented a written report of a City County Liaison Committee meeting which took place May 8, 1975 at 7:30 P.M.
The landfill bills from the County, totaling $35,135.82 through April 1975, were discussed. The County was advised that based on the opinion of the City Solicitor, the City of Dover still refuses to pay same.
Mr. Legates reported a very amiable meeting and the Committee has planned to meet monthly.
On motion of Mr. Cullen, seconded by Mr. Muir, Council accepted the report as presented by Mr. Legates.
COMPREHENSIVE PLAN CONSIDERATION
Mr. Jack Roe, Acting Planner, introduced Mr. Norman Day of Kling Associates who commented on the plan as one of the working tools of the Planning Commission.
Mrs. Soloky, also of Kling Associates, gave a lengthy slide presentation showing how the comprehensive Plan will be used to help plan future developments in the City. Comments and detailed explanations covered the land use development, development suitability, transportation, utility and growth management plans.
A letter from Mr. H. C. Vasuki, Director of the State of Delaware Department of Natural Resources and Environmental Control, asked that a two week review period be granted that department to determine how the Comprehensive Development Plan relates to the State Resources Management.
On motion of Mr. Muir, seconded by Mr. Harris, Council acknowledged receipt of the letter.
Mayor Carroll stated that the Planning Commission should be commended on the job that has been completed on this plan and acknowledges the many hours of work that was involved.
On motion of Mr. Legates, seconded by Mr. McDonough, Council moved to accept the concept and proposal of the Comprehensive Plan.
APPOINTMENTS - PARKS, PLAYGROUNDS AND TREES COMMITTEE
Mayor Carroll submitted the names of Mr. Patrick Knight and Mrs. Martha Miller to fill the non-council member seats of the Parks, Playgrounds and Trees Committee. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by a roll call vote of five (5) yes, two (2) no, Messrs. Perman and McDonough, and one (1) absent, Mr. Witt, accepted the names as submitted.
SENATE BILL #278 - TO REGULATE PARKING AROUND STATE PROPERTY
A discussion on Senate Bill #278, which would impower the Capitol Security Force of the Secretary of the Department of Administrative Services to issue tickets for parking and other offenses around state owned property in the Capitol complex, resulted in Council opposing said legislation.
Mr. Legates stated that this bill is an example of the State trying to usurp the given power of the City of Dover and moved that Council oppose Senate Bill #278 with an appropriate resolution drawn up for presentation to the Legislature. The motion was seconded by Mr. Muir and carried and Council adopted the following resolution.
WHEREAS, at its regular meeting held on May 12, 1975 the Mayor and Council studied Senate Bill #278 sponsored by Senator Zimmerman and said bill was reviewed by the Chief of Police of the City of Dover; and
WHEREAS, Senate Bill #278 would usurp the powers and duties of the City of Dover; and
WHEREAS, the Mayor and Council of the City of Dover voted to pass a Resolution opposing the passage of Senate Bill #278.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover express their opposition to the passage of Senate Bill #278 to the members of the Senate of the State of Delaware of the 128th General Assembly.
2. The reasons for opposition of said bill are as follows:
a. The Bill would amount to an usurpation of the powers of the City of Dover to regulate traffic and law enforcement within its jurisdiction.
b. The Bill would permit the Legislative Council to allow the public to park in designated areas as it sees fit during a recess of the General Assembly which section is very indefinite and unclear and which could cause definite problems within the City of Dover.
c. The City of Dover Planning and Zoning functions would be seriously affected if Section C of the Bill were permitted to exist which allows the Department of Administrative Services to use any vacant property as a parking lot or as it might otherwise see fit.
d. It is also provided in Section C that capital security shall have the right to enforce parking rules and regulations around Legislative Hall with no provision for enforcement of the same by any other agency which could be interpreted to exclude the City of Dover from such enforcement.
e. We know of no other municipality in the state where similar legislation has been passed and feel that this legislation is entirely unnecessary and will only result in confusion and chaos.
3. The Mayor and Council of the City of Dover therefore petition the members of the Senate not to act favorably upon Senate Bill #278.
ADOPTED MAY 12, 1975
HOUSE BILL #384 - THE RIGHT FOR PUBLIC EMPLOYEES TO ORGANIZE
Council discussed House Bill #384 dealing with the right for public employees to bargain collectively with employer agencies, in effort to determine what effect it would have on the City of Dover. Since this is a lengthy and complicated bill, and Council had not had time to study its contents, it was decided that more time was essential.
On motion of Mr. Cullen, seconded by Mr. McDonough, Council referred House Bill #384 to the City Solicitor for his study and recommendations as to what effect it would have on the City.
REZONING REQUEST - SOUTHERN STATES - MABEL GRIFFITH, MARLENE AND EUGENE AUEN
A request was received from Mabel Griffith, Marlene and Eugene Auen and Southern States to rezone their property on New Burton Road. Prior to amending the zoning ordinance and zoning map of the City of Dover a public hearing is required.
On motion of Mr. Legates, seconded by Mr. McDonough, Council adopted the following resolution and referred the rezoning request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands on New Burton Road, bounded on the south by Southern States Dover Cooperative, Inc., on the west by Delaware Railroad Company, on the north by Mabel S. Griffith, et al, and on the east by new Burton Road are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on June 9, 1975, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-1 to C-3 in part and M in part that property bounded on the south by Southern States Dover Cooperative, Inc., on the west by Delaware Railroad Company, on the north by Mabel S. Griffith, et al, and on the east by New Burton Road, owned by Mabel B. Griffith, Eugene G. and Marlene G. Auen and Southern State Cooperative, Inc.
2. That notice of the public hearing by given in accordance with the provisions of the Delaware Code.
ADOPTED MAY 12, 1975
TAX CLASSIFICATION APPEAL - WILLIAM P. RICHARDSON LAND - WALKER ROAD
A letter from Michael M. Fischer requested that Council consider reclassification of 61.6 acres of land owned by the William P. Richardson family on Walker Road, from residential to land under cultivation or farmland.
Mr. Hayes, under questioning by Council, stated that the land is under cultivation, falls under the classification of farmland and it would be his recommendation that the request be granted.
On motion of Mr. Legates, seconded by Mr. Muir, Council by a roll call vote of six (6) yes, one (1) no, Mr. Perman, and one (1) absent, Mr. Witt, granted the request to reclassify the 61.6 acres of land as farmland.
SOROPTIMIST - DOVER PUBLIC LIBRARY REVERTING TO KENT COUNTY
The Soroptimist Club of Dover, in a letter to Council, asked that the City of Dover take action to retain title to the Dover Public Library.
On motion of Mr. Muir, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter and referred the matter to the Committee of Committees.
GOODWILL INDUSTRIES - COLLECTION VAN AT BLUE HEN MALL
A letter from Mr. James A. Fox, Executive Director of Goodwill Industries of Delaware, Inc. requested permission to place an attended van at the Blue Hen Mall next to Super Saver to be used as a collection center for donated materials. Mr. Fox sited pilferage at unattended boxes and the decrease in donated materials at present.
Mr. Roe reported that the center would replace all other collection locations and recommended approval.
On motion of Mr. Cullen, seconded by Mr. Hardcastle, Council granted permission for the van.
CITY HALL AWARD CERTIFICATE - FRIENDS OF OLD DOVER
Mr. G. Daniel Blagg requested that Mayor Carroll or an appointed City Representative be present at the May 16th meeting of the Friends of Old Dover to receive a certificate for Dover’s New City Hall and its contribution to Dover’s Heritage.
Since Council members and Mayor Carroll had other commitments on this date, Mr. Hardcastle moved that Mayor Carroll inform the Friends of Old Dover that another date would be more suitable. The motion was seconded and carried.
DOVER CENTURY CLUB - DOVER PUBLIC LIBRARY
Mrs. Dorothy Traynor, President of the Dover Century Club, informs Council that the Century Club supports keeping the Dover Public Library under local control.
On motion of Mr. Legates, seconded by Mr. Muir, Council acknowledged receipt of the letter.
JAMES E. GODWIN - MINOR STREET AND GOVERNORS AVENUE - PROPERTY OFFER
James E. Godwin, principle heir to 145 South Governors Avenue, offered to sell that property to the City, in a letter to Mayor and Council. The building is occupied by Johnny the Tailor and was recently involved in a fire with damages that necessitate demolition.
Mr. Roe informed Council that proper notification to demolish the building has been taken and a hearing will be held at the May 26th Council meeting if this has not be accomplished.
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council acknowledged receipt of the letter.
WALTER L. FOX POST NO. #2 - MEMORIAL SERVICE
A letter from Mr. Leroy Rench informed Council that he date of May 30th, 11:30 A.M. would be utilized to honor deceased Veterans of Foreign Wars with Council’s permission.
On motion of Mr. McDonough, seconded by Mr. Muir, Council granted permission for the service.
On motion of Mr. McDonough, seconded by Mr. Muir, Council authorized the purchase of a spray to be placed on the memorial plot in behalf of the City.
MODERN MATURITY CENTER - SIGNS FOR AWARENESS DAY
A letter from Robert A. Bonniwell, with a map attached, informed Council that directional signs would be placed in twenty-four locations tied to poles.
Mr. Roe stated that a state and city ordinance prohibits the attachment of signs to poles and various local groups have been denied this request.
On motion of Mr. Muir, seconded by Mr. Legates, Council denied permission to display the directional signs on poles.
BICENTENNIAL COMMITTEE
Mr. McDonough asked if there had been any progress reports from the Bicentennial Committee. It was his understanding that after the City’s funding, a monthly report would be presented with information on progress made with the County, the State and Federal Governments.
Mayor Carroll stated that Old Dover Days and the refurbishing of the store on State Street had monopolized the committee’s time and that a report would be presented possibly by the next Council meeting.
RAILROAD CROSSINGS
Mr. Hodge reported receiving a letter from Mr. Richard Haber and Mr. Jack Wallace of the State Highway Department asking the City to be patient on awaiting repairs to the rough railroad crossings within the City. Penn Central Railroad will soon revert to the Federal Government and its possible that federal funds will be available for this project.
COUNCIL ADJOURNED AT 10:25 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at their meeting of May 12, 1975, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
20 May 1975
db