REGULAR MEETING
July 24, 1967
The regular meeting of City Council was held Monday, July 24, 1967 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Harris, Hastings, Hayes, Holpp, Jackson and Smith.
MINUTES
The minutes of the Meeting of July 10, 1967 were approved by Council and bore the written approval of Mayor Carroll.
SAFETY ADVISORY COMMITTEE
Councilman Smith presented a report of the Safety Advisory Committee meeting that was held on Monday, July 17, 1967. On motion of Mr. Biggs, Council accepted the report as presented.
PARKS, PLAYGROUNDS & TREES COMMITTEE
Councilman Smith presented a report of the Parks, Playgrounds & Trees Committee meeting that was held on Monday, July 17, 1967. On motion of Mr. Holpp, Council accepted the report as presented.
UTILITY COMMITTEE
Councilman Holpp presented a report of the Utility Committee meeting held on Monday, July 17, 1967. On motion of Mr. Harris, Council accepted the report as presented.
ELECTRIC DEPARTMENT RULES
The Utility Committee presented a set of general rules and regulations governing the electric service within the City of Dover electric service area. The regulations are generally those already in effect gathered together in one body. An exception is the proposal which would govern the installation of underground services. On motion of Mr. Harris, seconded by Mr. Biggs, Council adopted these Rules and Regulations governing the electric service within the City of Dover.
TRASH COLLECTION ORDINANCE
On motion of Mr. Harris, seconded by Mr. Biggs, Council be unanimous vote adopted the following ordinance:
AN ORDINANCE REGULATING THE COLLECTION OF TRASH WITHIN THE CITY LIMITS OF THE CITY OF DOVER, DELAWARE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. That from and after the passage and approval of this Ordinance, the following rules and regulations shall be applicable to the collection of trash by the City of Dover, and said rules and regulations are hereby established and compliance therewith is hereby required by all persons, firms, associations and corporations using the facilities of the City of Dover for the collection of said trash:
A. DEFINITIONS - Trash shall mean all garbage, rubbish, sawdust, scrap, lumber, paper, cardboard, ashes, tin cans, brush, tree and garden clippings, dirt sweepings, grass cuttings, and all other material to be disposed of by city trash collection.
On collecting days all trash shall be placed along the curb or alley from which collection thereof is to be made.
All trash to be placed in trash containers which shall not be larger than 18" x 26", or, when full, shall not weigh over 100 pounds, and must have tight-fitting lids.
Trash containers of 1 or more cubic yards may be used if they are compatible to the City’s trash handling equipment.
B. COLLECTION DAYS FOR TRASH - The City Manager shall in his discretion divide the City of Dover into districts and shall schedule the collection of garbage in said districts on such days and at such time or times as shall be most efficient and convenient. Adequate notice of the schedules for the collection of garbage shall be given to the citizens of the City of Dover.
C. GENERAL RULES - All trash collected from the downtown business area be placed for collection prior to 8:00 A.M. Monday through Friday. (The downtown business area shall be that area bounded by Loockerman Street Bridge on the east, Pennsylvania Railroad on the west, North Street on the south, and Minor Street on the north.) All cans shall be removed from the curb following the collection. No trash shall be placed in the downtown area the night before it is to be picked up.
In all other alleys, trash maybe put out the night before the collection day, for locations where there are no alleys, trash must be placed at the curb line prior to 8:00 A.M. on collection day. Empty containers must be removed on the same day.
For those residents of the City desiring to haul their own trash, the city-maintained dump is available 8:00 A.M. until 5:00 P.M. during weekdays. Special arrangements must be made with the attendant if it is desired to use the dump on Saturday.
Special arrangements must be made with the City for the collection of brush, tree clippings or other substances too bulky to be placed in regular trash containers. There will be no charge for this service. Construction debris will not be collected by the City and must be removed by the owner.
The placing of leaves, grass cuttings, and other debris in the streets of the City is strictly prohibited except during scheduled leaf collection in the fall, generally between September 15th and December 15th.
Section 2. Any person, firm, association or corporation violating any of the provisions of Section 1 hereof, or any part thereof, shall upon conviction thereof be fined not less than Five ($5.00) Dollars nor more than Fifty ($50.00) Dollars for each separate offense, and upon failure to pay the fine imposed herein shall be imprisoned not exceeding twenty (20) days.
Adopted July 24, 1967
VOTER REGISTRATION ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE PROVIDING FOR A GENERAL REGISTRATION OF VOTERS WITHIN THE LIMITS OF THE CITY OF DOVER AND PROVIDING FOR THE PREPARATION AND MAINTENANCE OF THE VOTING REGISTRATION BOOKS
WHEREAS, the Mayor and Council of the City of Dover have deemed it advisable and in the best interest of the residents of the City of Dover to provide for the registration of voters within the limits of the City of Dover to provide for the preparation and maintenance of permanent records to be utilized by the City in connection with the voting at the regular elections of the City of Dover; and
WHEREAS, the term “registration” within the meaning of the General Election Laws of the State of Delaware and the Election Provisions of the Charter of the City of Dover is generally a method of proof prescribed for ascertaining those electors, who are qualified to cast votes in the regular Municipal elections, and that the act of registration is the making of a list, catalogue or schedule which contains the names of those individuals who, by complying with the election laws of the City of Dover, are designated as qualified voters for the City of Dover.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, that from and after the passage of this Ordinance:
1. All persons shall be required to register as a registered voter of the City of Dover, said act of registering to be in compliance with the terms and conditions as hereinafter set forth, and that any person who shall become a registered voter of the City of Dover for purposes of voting at the Municipal elections shall not be required to again register unless he shall cease to be a resident of the City of Dover, or unless his name is stricken from the general registration, or unless he shall have failed to vote at three consecutive Municipal elections held by the City of Dover.
2. To qualify to register as a resident of the City of Dover an individual must have, for a period of six months prior to the date of the election, been a resident of the City of Dover and must continue to be a resident down to the date of said election, and, in addition, must demonstrate to the registration officials that said individual is at least twenty-one years of age.
3. Registration Officials as appointed by the Mayor and Council of the City of Dover, shall sit for the purpose of ascertaining and registering the persons who are qualified to be voters of the City of Dover at such place or places as the Mayor and Council shall select; sais registration dates to be on the second Saturday or September, the second Saturday of October, and the second Saturday of November of each year, from 12:00 Noon to 5:00 P.M., and for the last five full working day during the month of December from 9:00 A.M. to 4:30 P.M. one each of said working days.
4. The dates and times as prescribed herein to be the general registration dates and hours shall be the minimum number of days for the conduct of the registration, and the Mayor and Council at their discretion may prescribe additional dates and times for the conduct of the registration so long as said registration dates and times are published in a newspaper of general circulation in the City of Dover for at least once per week for each of the three weeks next preceding the supplementary date for the registration of qualified voters.
5. The Mayor and Council of the City of Dover prior to the date of the initial registration period for the year 1967, shall furnish to the City Clerk of the City of Dover the necessary books and other bound volumes for the use of the City Clerk in the conduct of the general registration or any supplementary registration thereto, and should it be necessary that the said City Clerk shall be in need of additional registration books the Mayor and Council shall provide same.
6. Any voter desiring to register at the general registration or at any supplementary registration thereto, shall present himself to the Registration Officials and shall advise said Officials of his full name, age at the date of the registration; birth date; present residence within the City of Dover, including street address and box number, of applicable; date when said individual commenced his residence within the City of Dover; and District within the City of Dover where the said individual presently resides.
7. The books of registered voters shall be of the same general type as those used by Kent County Board of Elections in the conduct of the registration of voters, and shall be of a type which shall require the signature of the voter at the time of the registration of said voter.
8. The City Clerk of the City of Dover as provided above, shall be given the full authority to conduct the registration of voters as provided herein, and shall be considered as the custodian of the permanent registration records, and the removal of any such registration records from the City Hall premises shall be done with the express consent of the City Clerk.
9. Any voters shall, for any of the reasons provided above, including age, loss of residence, or failure to vote, be stricken from the registration books in the following manner:
(a) The City Clerk shall certify to the Mayor and Council a list of those individuals who have failed to vote in the past three Municipal elections or those persons who have not maintained their place of residence within the City of Dover, or for any other reason failed to qualify as a voter of the City of Dover. Said list shall be presented to the Mayor and Council at two consecutive regular meetings of the Council, and Council shall be vested with the responsibility of determining by the most effective means available those individuals who should be stricken from the registration books.
(b) Any person violating the provisions of this Ordinance upon conviction thereof shall be fined an amount not to exceed One Hundred Dollars ($100.00) or shall be imprisoned for a period of not more than thirty (30) days.
Adopted July 24, 1967
REZONING OF WILLEY LANDS
On motion of Mr. Hayes, seconded by Mr. Hastings, Council voted to remove from the table the request of Mrs. Agnes Willey to rezone a portion of the property she owns adjacent to U.S. Route 113. Mayor Carroll reopened the public hearing held at the last Council meeting of July 10, 1967. Mr. Charles Brown, representing the Owner, Mr. Willey, was present and stated that no immediate plans for developing this land were available, but prior to development to speak for or against the rezoning. The Planning Commission recommended approval of the rezoning. Mayor Carroll closed the hearing. On motion of Mr. Smith, seconded by Mr. Biggs, Council by unanimous vote passed the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE AREA BOUNDED ON THE EAST BY U.S. ROUTE 113, ON THE WEST BY THE PRESENT RG-2 AND R-29 ZONES, ON THE SOUTH BY THE DANNER FARM, AND ON THE NORTH BY LOTS #1, 31, 32, 73 AND 74 OF THE BAY ROAD ADDITION DEVELOPMENT, FROM R-20 TO RG-2 AND C-4 USE.
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 from R-20 to RG-2 and C-4 in the area described below
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-20 to RG-2 and C-4 use the area bounded on the east by U.S. Route 113, on the west by the present RG-2 and R-20 zones, on the south by the Danner Farm, and on the North by Lots #1, 31, 32, 73 and 74 of the Bay Road Addition Development.
PASSED July 24, 1967
PENSION BOARD MEMBERS
A report was made to the Council with the results of the election held by the City Employees Pension Board of Trustees. The two elected employees were Det. Robert Collison representing the Police Department and Conrad Hebert representing the employees under the office of the City Manager. On motion of Mr. Hughes, seconded by Mr. Hastings, Council accepted this report as presented.
TORBERT AMBULANCE SERVICE
A letter was received from Mr. William C. Torbert who operates the Ambulance Service in the City of Dover and surrounding area. He stated that he has decided to cease this service as of October 31, 1967. He has asked that the City help in finding someone to take over the operation of the Ambulance Service. Mayor Carroll asked that this letter of request be turned over to the Safety Advisory Committee for their study and recommendation of someone to take over the Ambulance Service.
ROUTE 13 TRAFFIC
The increase of traffic on U.S. Route 13 has been discussed by Council at recent meetings and some action had been taken by the State Highway Department. The proposal of a Dover By-Pass, running North-South, has been proposed by the State Highway Department to help relieve the heavy traffic in the Dover area. It is the feeling of the Council of the City of Dover at some action must be taken by the Highway Department to help correct this problem. On motion of Mr. Hughes, seconded by Mr. Hastings, Council by a unanimous vote adopted the following resolution and directed that a copy be sent to the Highway Department, State of Delaware.
RESOLUTION REGARDING HAZARDOUS TRAFFIC CONDITIONS ON U.S. ROUTE 13
WHEREAS, the State of Delaware, acting through its Highway Department, has studied the hazardous traffic conditions on Route 13 and 113 within the limits of the City of Dover and had recommended the construction of a North-South By-pass around the City of Dover, and,
WHEREAS, it is the determination of the Council of the City of Dover that corrective action is in the best interest of the future development of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER
1. That the State Highway Department is hereby urged to take corrective action as soon as possible concerning this matter.
Adopted July 24, 1967
REZONING 308 NORTH QUEEN STREET
A request had been presented to Council to rezone from R-8 to RG-1 use the property located at 308 North Queen Street. The request has been duly advertised for a public hearing at this date and time. Mayor Carroll declared the hearing opened. Mr. Andrew Couhig, Realtor, was present representing the owner, Mrs. Iva Arnold. He stated that a sale for this property to the Doll House Nursery, Inc. was depending on the rezoning of this property. No one else was present to speak for or against the rezoning. The Planning Commission recommended approval. Mayor Carroll closed the hearing. On motion of Mr. Biggs, seconded by Mr. Smith, Council by unanimous vote passed the following ordinance.
AN ORDINANCE AMENDING THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATION OF THE PROPERTY LOCATED AT 308 NORTH QUEEN STREET, FROM R-8 TO RG-1 USE.
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 from R-8 to RG-1 on the property described below
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. From and after the passage and approval of this ordinance, the Zoning Map and Zoning Ordinance of the City of Dover shall be amended by changing the zoning designation from R-8 to RG-1 use the property located at 308 North Queen Street.
Passed July 24, 1967
REPORT OF 250TH COMMITTEE
The Board of Directors of the Dover’s 250th Anniversary, Inc. were present to present a report on the 250th Celebration Week. He also presented to the Council the Financial Report as it stood on July 24, 1967. Business had not been as good as expected, therefore a deficit now stands, and Mr. Jackson was asking the help of the City Council regarding this situation. The weather during the week-long celebration was the main factor in a poor turnout of people and response by the public, especially for the Pageant that was staged nightly. As of this date receipts totaled $44,692.45 and disbursements were $42,901.14, leaving a bank balance of $1,791.31. Still outstanding were Accounts Payable of $9,943.31, creating a need of $8,152.00 to pay their remaining bills. The Committee has assets of $7,815.00. These assets are in the form of books and coins to be sold, and accounts receivable to be collected. Mr. Jackson was requesting the City underwrite the cash needed to pay the bills, and the Committee will in turn, turn over all assets to the City of Dover, which when realized will reduce the actual deficit to $337. The City had originally given the Committee $5000 at the start of this Committee’s work in preparing for this Celebration, and with this request of $8,152 the total expenditure to the City of Dover wold by $13,152, minus any amount of assets that would be redeemed in the future and the monies turned over to the City. Councilman Harry R. Jackson stated that he felt that once the City were to pay this bill, people that owed the 250th Committee might renege on their obligation feeling that the City of Dover had paid their bill. Mr. Jim Jackson, stated that the Committee would not sit back and forget about these outstanding bills, if the City were to pay this bill, but would still make every effort to collect each and every bill that was owed. On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous vote agreed to underwrite the remaining bills of the Dover’s 250th Anniversary, Inc. and accepted the assets on hand as of this date.
PRESENTATION OF CITY OF DOVER PLAQUE
Mayor Crawford J. Carroll at this time presented an engraved City of Dover Plaque to H. Gordon Dyke, General Chairman of Dover’s 250th Celebration. Mayor Carroll expressed on behalf of the Council and the Citizens of the City of Dover, his appreciation for the fine job that was done by Mr. Dyke in running the 250th Celebration.
TAX ASSESSORS SCHOOL
Mr. William T. James, City Tax Assessor, requested of Council permission to attend a school and conference for Tax Assessors to be held in Washington, D.C. from September 20th through 27th. On motion of Mr. Biggs, seconded by Mr. Hayes, Council granted Mr. James permission to attend this conference and to draw the necessary money to cover his expenses.
GLUE ORDINANCE
On motion of Mr. Smith, seconded by Mr. Jackson, Council by unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING THE POSSESSION OF MODEL GLUES CONTAINING SOLVENTS HAVING THE PROPERTY OR RELEASING TOXIC VAPORS; PROHIBITING THEIR ILLEGAL USE OF SAUD GLUES BY PERSONS; AND DEFINING MODEL GLUE; AND PROVIDING PENALTIES FOR VIOLATION OF ITS PROVISIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET, as follows:
Section 1. As used in this chapter the term model shall mean any glue, adhesive cement, mucilage, dope, plastic solvent, or other substance of the type commonly used in the construction of model airplanes, automobiles, boats, and other unassembled model kits containing solvent, acetone, xylene, butyl alcohol, hexane, tricresyl phosphate or other toxic ingredient.
Section 2. No person shall inhale, drink, eat or otherwise introduce into his respiratory or circulatory system, any model glue as defined herein with the intent of inducing intoxication, elation, a dazed condition, paralysis, irrationality, or in any manner distorting or disturbing the eyesight, thinking process, judgement, balance, or co-ordination of such person.
Section 3. It shall be unlawful for any person to assist, aid, abet or encourage any minor child to violate the provisions of this chapter.
Section 4. The provisions of this chapter shall not pertain to any person who inhales, drinks, eats or otherwise introduces into his respiratory or circulatory system such material or substance pursuant to the direction or prescription of any doctor or dentist authorized by law to so direct or prescribe.
Section 5. Any person not legally a minor by virtue of the laws of the State of Delaware, who is convicted of a violation of the provisions of this Ordinance shall be fined not less than $10 nor more than $100 and in lieu of payment of the said fine shall be imprisoned for a period not to exceed 7 days and each offense shall be considered as a separate offense for which a like penalty shall be imposed. Any juvenile violating the provisions of this Ordinance shall be penalized in accordance with the juvenile law of the State of Delaware and in accordance with rules and regulations o the Family Court of the State of Delaware, in and for Kent County.
Passed July 24, 1967
KENT GENERAL HOSPITAL
A letter received from Kent General Hospital asking Council to waive the payment now due for the building permit covering the hospital’s present renovation program. The cost of the permit is $230. Is was stated by the City Solicitor, Mr. Buckson, that a building permit was necessary. On motion of Mr. Hayes, seconded by Mr. Holpp, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Jackson, denied this request.
MAPLE DALE COUNTRY CLUB
Councilman Harris stated at this time that he felt the City should investigate the possibility of submitting a bid on the Maple Dale Country Club, these bids to be opened on August 16th. Mr. Harris said that with the recreation programs that the City of Dover is involved with, the idea of a Municipal Golf Course, would fit in with these programs quite well. He felt that operating expense could be realized through the income that would be received from the course and the sale of equipment, etc. There also would be the possibility that some of the initial cost might be gotten through grants by either the State or Federal Governments. On motion of Mr. Harris, Council directed the City Manager to obtain any possible information that might be helpful in helping the Council decide if the City of Dover is in a position to bid on the purchase of the Maple Dale Country Club. The City Manager will report back to the Council at its next meeting, August 14th.
Council adjourned at 9:05 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of July 24, 1967 are hereby approved.
July 25, 1967 Crawford J. Carroll Mayor