REGULAR MEETING
September 26, 1966
The Regular Meeting of City Council was held Monday, September 26, 1966 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hastings, Hayes, Holpp, Hughes, Jackson and Smith.
MINUTES
Minutes of the meeting of September 12, 1966 were approved and bore the written approval of Mayor Carroll.
MAGISTRATE COURT
Report of the Justice of the Peace Court No. 7 for the month of August, 1966 was accepted. A check in the amount of $2826.00 was remitted to the City.
UTILITY COMMITTEE
Councilman Holpp reported that a meeting of the Utility Committee and other members of Council was held with officials of Delmarva Power & Light Company on September 21, 1966 to discuss proposals for a contract covering power purchased by the City of Dover. Negotiation is not yet complete.
City Manager Ward presented a proposal from DP&L which supplements the General Foods purchased power contract deleting a restriction on the use of a power line now supplying General Foods in the event Dover should purchase the line. Signing the supplement was deferred.
SUBDIVISION REGULATIONS
The Planning Commission submitted to City Council proposed amendments to the Subdivision Regulations of the City of Dover. A public hearing is required prior to approval of the proposed amendments by City Council. On motion of Mr. Hayes, seconded by Mr. Jackson, Council directed that a public hearing on the proposed amendments be held at its regular meeting of October 24, 1966 at 8:00 P.M.
LAMIA
Mayor Carroll reported on his attendance at a Sister City affair held in Washington on September 12. Dover was presented with a plaque honoring the program carried on by the Dover City to City association between Lamia, Greece and this City.
DELMARVA ADVISORY COUNCIL
A letter from the Delmarva Advisory Council invited the Mayor and members of City Council to attend a meeting Tuesday, October 11, 1966 to be held with members of the Kent County Levy Court, the City of Dover, and the Advisory Council. The Council will discuss an Overall Economic Development Program which has been prepared for the Delmarva Peninsula. The Council consists of members appointed by the Governors of Delaware, Maryland and Virginia. Council approved that date at 2 P.M. Mayor Carroll will confirm the time and attempt to get copies of the proposed plan for Council’s prior consideration.
DINNER BELL DRIVEWAY
Lock Emmert has purchased half a double house at 45 Kings Highway S. W. and already owns the other half. He proposed to demolish the entire structure and convert the area into a parking lot. He asked permission to depress the curb in the center of the property as a driveway and will close existing driveways at the north and south ends. On motion of Mr. Hayes, seconded by Mr. Hastings, Council authorized depressing the curb and closing the existing depressions.
STATE STREET SPEED
A letter was received from residents of North State Street asking Council to reduce the speed limit of 35 MPH to 25 MPH from approximately Clara Street north to the Lake bridge. They cited the danger to school children and the great volume of noise caused by speeding. This speed limit has been established by the State Highway Department. On motion of Mr. Hayes, seconded by Mr. Smith, Council directed that a recommendation be made to the State Highway Department that the speed limit be reduced to 25 MPH and that a copy of the letter be sent the Department.
CONDEMNED BUILDINGS
Building Inspector Jack Roe reported that the following buildings had been posted as dangerous and no response had been received from the owners:
48 S. Kirkwood Street, Mrs. Mary Wharton Miller, Estate
105 S. Kirkwood Street, Mrs. Bessie Berman & Ed. H. Clouse Est.
107 S. Kirkwood Street, Star Light, Inc., c/o Aaron Paskins
City Wharf, 2 houses, Lawrence Warren, Wyoming, Delaware
The ordinance of the City of Dover requires that notice be sent to the owners of such posted buildings be sent notice to appear at a public hearing to show cause why the buildings should not be repaired, vacated or demolished. On motion of Mr. Hayes, seconded by Mr. Biggs, Council directed that such public hearing be held on Monday, October 24, 1966 at 8:15 P.M. and that the owners be notified in accordance with the ordinance.
TELEPHONE SEWER
The Diamond State Telephone Company requested permission to toe to sewer and water facilities a house converted to offices which adjoins their installation of South Governors Avenue which is already hooked to City sewer and water. On motion of Mr. Hayes, seconded by Mr. Smith, Council approved the request. Mr. Harris voted ‘No’.
PARKING METER ORDINANCE
On motion of Mr. Hayes, seconded by Mr. Hastings, Council by unanimous vote adopted the following ordinance:
AN ORDINANCE AMENDING AN ORDINANCE ENTITLED “AN ORDINANCE PROVIDING FOR THE LEASING AND INSTALLATION OF PARKING METERS; PROVIDING FOR AND REGULATING THE PARKING ON CERTAIN STREETS; AUTHORIZING THE USE OF PARKING METERS THEREFOR, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.”
BE IT ORDAINED by the Mayor and Council of The City of Dover in Council met:
Section 1. That Section 2 of the above referred to Ordinance, passed and amended, be and the same is hereby amended by inserting in and adding to Section 2 of said Ordinance, wherein the said Section indicated the streets upon which parking is to be regulated by the parking meters:
(a) That the area located in the vicinity of the old United States Post Office be regulated in the following manner:
Beginning at a point at the westerly terminus of the radius junction curve joining the southerly side of The Plaza and the westerly side of Federal Street, and from a distance measured from said point and place of beginning, measured along the southerly line of The Plaza in a westerly direction a distance of one hundred twenty-eight (128) feet, and that within said measured distance of one hundred twenty-eight (128) feet there be installed eleven (11) parking meters.
(b) That continuing in a general westerly direction on the radius curve to the right for a distance of forty-one (41) feet more or less, there be installed signs or symbols prohibiting the parking of motor vehicles within said distance.
(c) That for a distance of thirty-one (31) feet measured in a general northerly direction from the northerly terminus of the radius junction curve designated and described in sub-paragraph “(b)” above, there be installed three (3) parking meters designating space for the parking of three (3) motor vehicles.
(d) That on the southerly side of the southernmost oval located at the former United States Post Office Plaza there be installed within the distance of approximately thirty-three (33) feet, three (3) parking meters.
(e) That on the northerly side of the southernmost oval located at the former United States Post Office Plaza there be installed within the distance of approximately forty (40) feet, four (4) parking meters.
Section 2. That all of the remaining provisions relative to the enforcement of the parking provisions as provided herein shall be as set forth in the original Ordinance referred to above.
Passed September 26, 1966.
CLARA STREET ORDINANCE
On motion of Mr. Jackson, seconded by Mr. Smith, Council by unanimous vote passed the following ordinance:
AN ORDINANCE PROHIBITING PARKING ON A PORTION OF THE SOUTHERLY SIDE OF CLARA STREET, WITHIN THE LIMITS OF THE CITY OF DOVER
WHEREAS, the parking of motor vehicles on certain portions of Clara Street, within the limits of the City of Dover, constitutes a hazard to the free and uninterrupted flow of traffic on the above mentioned street; and
WHEREAS, the Mayor and Council of The City of Dover deem it in the best interests of the residents of The City of Dover and in the best interests of the individuals operating motor vehicles on the above referred to street, to prohibit parking on certain portion of said street;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Dover in Council met, that from and after the passage of this Ordinance:
1. It shall be unlawful for any person, firm, association or corporation to park or allow to remain parked any motor vehicle on that portion of the southerly side of Clara Street, between Pear Street and Queen Street, for a distance of one hundred (100) feet, said “No Parking” area to be located at a distance of one hundred thirty-four (134) feet along the southerly side of Clara Street, measured from the intersection of the southerly side of Clara Street and the westerly side of Pear Street, and running from said point of beginning a distance of one hundred (100) feet along the southerly side of Clara Street in an easterly direction.
2. The Mayor and Council authorizes and empowers the Police Department of The City of Dover to enforce the provisions of this Ordinance and to install any and all signs or symbols necessary for the enforcement of the aforesaid provisions of this Ordinance.
3. Any person, firm association or corporation violating any of the provisions of this Ordinance, and upon conviction thereof, shall be fined not less than Two Dollars ($2.00) nor more than Five Dollars ($5.00), and each day that a vehicle remains parked on the aforementioned street shall constitute a separate offense for which an additional fine shall be imposed, and in lieu of the payment of the fine or penalty as prescribed in this Section shall be imprisoned for a period not to exceed seven (7) days.
Passed September 26, 1966.
YIELD SIGNS
On motion of Mr. Smith, seconded by Mr. Hayes, Council by unanimous vote passed the following ordinance:
AN ORDINANCE PROVIDING FOR THE ERECTION OF YIELD RIGHT-OF-WAY SIGNS OR CERTAIN STREETS WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, Title 21, Delaware Code, Section 4164, vests in the local authorities the right to install yield right-of-way signs within the limits of The City of Dover; and
WHEREAS, the Mayor and Council of The City of Dover have deemed it necessary and advisable to install such yield right-of-way signs at the hereinafter mentioned intersections; and
WHEREAS, the Police Department of The City of Dover has been vested with the responsibility of installing said yield right-of-way signs
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of The City of Dover in Council Met:
1. That no vehicle shall enter onto any of the following described streets without first yielding the right-of-way, nor shall any individual operate a motor vehicle so as to enter onto any of the following named streets without first yielding the right-of-way:
On Oak Drive, when proceeding in a westerly direction, before entering Yearsley Drive;
On Oak Drive, when proceeding in an easterly direction, before entering Yearsley Drive.
2. That the Police Department of The City of Dover, pursuant to Title 21, Delaware Code, Section 4164, is hereby authorized and empowered to instal the necessary Yield right-of-way signs at the locations and intersections mentioned in Paragraph “1" above.
3. Any violation of the provisions of this Ordinance shall result in prosecution under the Laws of the State of Delaware, and any fines and/or imprisonment shall be as provided in the applicable provisions of the Delaware Code.
Passed September 26, 1966.
POLICE BUILDING CONTRACTS
Contracts have been prepared and examined by the City Solicitor for the construction of the new police building by J. Roland Dashiell & Sons, Inc. and for the architectural fees of Pope, Kruse and McCune. On motion of Mr. Harris, seconded by Mr. Hastings, Council authorized the Mayor and Clerk to sign the contracts on behalf of the City.
CITY MANAGER
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote approved the appointment of Francis P. Neylan as City Manager of Dover to succeed G. Preston Ward whose resignation is effective September 28, 1966.
CITY CLERK-TREASURER
On motion of Mr. Hayes, seconded by Mr. Hastings, Council by unanimous vote appointed Jay R. Dougherty as Acting City Clerk and Acting City Treasurer to fill the unexpired term of Francis P. Neylan from September 29, 1966 to the organizational meeting in February, 1967, and to increase Mr. Dougherty’s present salary $25 per week during the period.
ALDERMAN
On motion of Mr. Hayes, seconded by Mr. Smith, Council by unanimous vote appointed William T. James, Acting City Alderman to replace Francis P. Neylan effective October 1, 1966.
PAY
On motion of Mr. Hayes, seconded by Mr. Biggs, Council authorized a salary of $260 per week for Mr. Neylan as City Manager. The new City Manager and Acting Treasurer will also be bonded as required by the City Charter.
WARD SEVERANCE
Councilman Hughes reported that the Legislative & Finance Committee had determined that retiring City Manager Ward was entitled to pay for accrued vacation time. He recommended that additional severance pay be made. On motion of Mr. Hughes, seconded by Mr. Jackson, Council directed that Mr. Ward be paid in addition to the amount due for vacation, severance pay covering a period of 60 days.
PEAR STREET ORDINANCE
International Latex Corporation requested that parking be prohibited on a portion of the east side of Pear Street, south from Clara Street, to permit the free flow of pedestrian and vehicular traffic. Those using the space are Latex employees for whom off-street parking is already provided.
On motion of Mr. Smith, seconded by Mr. Jackson, Council by vote of 7 to 1 passed the following ordinance, Mr. Hughes voting ‘No’.
AN ORDINANCE PROHIBITING PARKING ON A PORTION OF THE EAST SIDE OF PEAR STREET, WITHIN THE LIMITS OF THE CITY OF DOVER.
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, it shall be unlawful for any person, firm, association or corporation to park or allow to remain parked any motor vehicle on that portion of the east side of Pear Street running southward a distance of 290 feet from the intersection of the east side of Pear Street with the south side of Clara Street. The Police Department of The City of Dover is authorized and empowered to enforce the provisions of this Ordinance and to install any and all signs or symbols necessary for the enforcement thereof.
2. Any person, firm, association or corporation violating any of the provisions of this Ordinance, and upon conviction thereof, shall be fined not less than Two Dollars ($2.00) nor more than Five Dollars ($5.00), and each day that a vehicle remains parked on the aforementioned street shall constitute a separate offense for which an additional fine shall be imposed, and in lieu of the payment of the fine or penalty as prescribed shall be imprisoned for a period not to exceed seven (7) days.
Passed September 26, 1966.
Council recessed briefly to await the arrival of a representative of Albright & Friel.
City Manager Ward remarked on his experiences as City Manager and thanked the members of City Council and his staff for their consideration and cooperation.
SEWAGE PLANT
City Manager Ward introduced Robert Neeson of Albright & Friel Consulting Engineers to discuss studies made of the sewage treatment plant. Mr. Neeson explained the contents of a letter addressed to the City Manager. Studies of plant operation and capacity have been conducted since April 4, 1966. Albright & Friel recommends certain minor additions to the plant and certain revisions of plant operation which should result in the most economical operating procedures. Their studies reveal that the present plant capacity is sufficient to handle the waste from General Foods, from the present City limits, and from an area between U.S. 13 and Silver Lake, should it be annexed to the City. They are satisfied that filter flies and odor can be successfully controlled at the plant. They believe that the plant capacity can be markedly increased by pretreatment of the General Foods waste. They recommend that pilot studies be continued to determine the best method of pretreatment, and the best method of increasing plant capacity at reasonable cost. Mr. Neeson answered questions of Councilmen.
SIDEWALK ART SHOW
Representatives of the Central Dover Businessmen’s Association appeared before Council to request permission to use the sidewalks on Loockerman Street to exhibit paintings of local artists. They propose to exhibit the pictures against the buildings of members of the Association for one day to be named next spring. On motion of Mr. Hayes, seconded by Mr. Biggs, Council granted permission to use the sidewalks for the purpose.
Council adjourned at 9:45 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of September 26, 1966 are hereby approved.
Crawford J. Carroll
Mayor
September 28, 1966