REGULAR MEETING
December 27, 1960
The regular meeting of City Council was held Tuesday, December 27, 1960 at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Fromm, Hayes, Holpp, Thompson, Turner and Zartman.
The invocation was said by Rev. C. Jackson Robinson, of Wesley Church.
MINUTES
Minutes of the meeting of November 28, 1960 were accepted as read and bore the written approval of Mayor Haman.
REPORTS
Report of the Chief of Police for November was accepted as read.
Report of the Alderman Shockley for November was accepted as read. Checks in the amounts of $56.00 and $833.35 were remitted to the City.
Report of General Fund Cash Receipts for November was accepted as read.
Report of General Fund Budget for October was accepted as read.
Report of Electric Revenue Fund and Improvement Fund Cash Receipts and Expenditures for November was accepted as read.
Report of the Fire Marshal and Building Inspector for November was accepted as read.
PARKING AUTHORITY REPORT
Treasurer’s Report of the Dover Parking Authority for the years ending June 30, 1959 and June 30, 1960 were accepted and ordered filed.
CITY ASSESSOR
On motion of Mr. Hayes, seconded Mr. Carroll, Thomas E. Baker was appointed City Assessor for the year 1961.
VOID CHECKS
Council authorized voiding all General Fund Checks dated on or before June 30, 1959 which have not et been presented for payment.
BUSINESS IN RESIDENTIAL SECTION
Mrs. Edna Y. Wilkerson requested permission to erect a building in the rear of 14 N. Governors Avenue to be used for a Music Studio. The area is a residential section. On motion of Mr. Hayes, seconded by Mr. Turner, Council directed that the request be advertised for hearing on January 9, 1961.
TORBERT REQUEST
William C. Tobert requested a building permit to remodel two garages in the rear of 227 N. Governors Avenue into efficiency apartments. Council believed that such construction would not conform to other buildings in the neighborhood and was contrary to the policy of Council concerning erection of living quarters on alleys. On motion of Mr. Fromm, seconded by Mr. Holpp, the request was denied.
APPRAISAL AGREEMENT
City Solicitor Buckson presented an agreement prepared by him between the City of Dover and the firm of Hanby, Patterson & Schwartz concerning appraisals of properties in the urban redevelopment area. Employment of the firm for the purpose has previously been approved by Council. On motion of Mr. Thompson, seconded by Mr. Turner, Council approved completion of the agreement.
EXTENSION OF REDEVELOPMENT PROJECT BOUNDARY
Councilman Fromm presented to Council a map outlining the area of the City in which redevelopment is being presently planned with three plots marked in red which the Planning Commission recommends be added to the area for appraisal purposes. It was explained that Council could expand or contract the area if it so desired. The plots added would aid in the development of the Loockerman Street business district and in the construction of a through street which would be an approximate extension of Kirkwood Street. Council felt that the entire block south of Loockerman Street between New and Queen should be added to the project plus the South side of North Street between State and Federal Streets. On motion of Mr. Thompson, seconded by Mr. Carroll, Council authorized extension of the Dover Green-West Redevelopment Project to include the south side of Loockerman Street between New and Queen Streets, the cemetery on North Street, a part of the Gas Company property, and the south side of North Street, between State and Federal Streets.
HHFA APPROVAL
Redevelopment Director Myron Lamb reported that the HHFA had approved the Eligibility and Relocation Report and the revised budget for the Dover Green-West Redevelopment Project.
CITY MANAGER REPORT
Report of the City Manager was accepted as read.
KULJIAN PROGRESS REPORT
A Progress Report dated October 25, 1960 on the new power plant was received from the Kuljian Corporation. Questions of Council were answered by Harvey Colgin who assured Council that the plant would be erected on schedule.
22 KV TIE LINE
City Manager Ward reported that the City’s plan called for construction of a 22 KV tie line along the railroad right-of-way from the new power plant site to Brown Street. A proposed agreement received from the Pennsylvania Railroad included an annual rental of $500. This amount is greatly in excess of any past rentals. Mr. Ward offered an alternate proposal which would route the tie line along Walker Road and Pear Street. On motion of Mr. Holpp, seconded by Mr. Thompson, the alternate route was approved.
INSURANCE
City Manager Ward reported that the broker of record, Charles W. Hardesty Agency, would present an annual insurance report to Council of January 9.
CURB DEPRESSION
On motion of Mr. Holpp, seconded by Mr. Thompson, Council authorized the State of Delaware to depress the curb on the west side of Federal Street to permit entrance to the State’s North Street parking lot.
PALMER HOME UTILITIES
On motion of Mr. Holpp, seconded by Mr. Zartman, Council authorized giving an annual donation to the Palmer Home in lieu of reduced rates for electric and water. The donation will equal the difference in rates.
LITTLE LEAGUE CERTIFICATE
A Certification of Appreciation was received by the City of Dover from Edward R. Knight, Tournament Director of the 1960 Division 4 (South) Little League Tournament, for contributions by the City which helped make the Tournament a success.
ORDINANCES
On motion of Mr. Carroll, seconded by Mr. Hayes, Council by unanimous vote passed the following ordinance:
AN ORDINANCE RELATING TO INSTALLATION, ETC. OF TRAFFIC SIGNS, SIGNALS, ETC.
WHEREAS Section 29 of the Charter of the City of Dover authorizes and empowers the Council of the City of Dover to adopt ordinances regulating the use thereof and the traffic thereon of all streets, sidewalks, lanes and alleys in the City of Dover; and
WHEREAS in order to properly regulate the use thereof and the traffic thereon and to assure safety of the public it is necessary to install, erect and affix certain markings, signs, signals and lights; and
WHEREAS the use thereof and the traffic thereon may change from time to time resulting in necessary changes for the proper regulation thereof.
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. That all markings, signs, signals and lights regulating the use thereof and the traffic thereon of all streets, sidewalks, lanes and alleys within The City of Dover erected, installed or affixed as of the date of the enactment of this ordinance shall continue in full force and effect until otherwise changed.
Section 2. The Chief of Police and the City Manager shall recommend to the Mayor and Council of the City of Dover the nature and location of any and all markings, signs, signals and lights as in their opinion may be necessary to properly regulate the use thereof and traffic thereon on all streets, sidewalks, lanes and alleys in The City of Dover, and after approval by the Mayor and Council of the recommendations aforementioned, the Chief of Police and the City Manager are hereby authorized, empowered and directed to erect, install and affix any and all markings, signs, signal and lights of such nature and at such location as approved by the said Mayor and Council.
Section 3. The regulations recommended by the Chief of Police and the City Manager shall become effective as of the date of the approval of the same by the Mayor and Council of The City of Dover.
Section 4. Any regulations required by an emergency affecting the safety of the public of The City of Dover may be enacted by the Chief of Police and City Manager and shall become immediately effective and any persons violating same will be subject to arrest and conviction as a result of the violation even though such regulation has not been approved by the Mayor and Council of The City of Dover.
Section 5. Provisions of this ordinance shall not be construed as a limitation or revocation of any authority heretofore vested in the Chief of Police of The City of Dover for the regulation of the use thereof and traffic thereon the streets, sidewalks, lanes and alleys in The City of Dover.
Section 6. Any person convicted of a violation of this ordinance shall be fined not less than One ($1.00) Dollar nor more than One Hundred ($100.00) Dollars and/or be imprisoned not less than one (1) day nor more than ten (10) days.
Passed December 27, 1960.
On motion of Mr. Hayes, seconded by Mr. Thompson, Council passed the following ordinance by vote of 6 to 1. Mr. Zartman voted ‘No’.
AN ORDINANCE PROHIBITING LEFT TURNS FROM STATE AND LOOCKERMAN STREETS
BE IT ORDAINED By The Council of The City of Dover In Council Met:
Section 1. From and after the passage and approval of this ordinance, it shall be unlawful except on Sundays and holidays for vehicular traffic proceeding on State Street to negotiate a left turn on to Loockerman Street between 9:00 A.M. and 6:00 P.M. except on Friday when such turn shall be prohibited between the hours of 9:00 A.M. and 9:00 P.M.
Section 2. From and after the passage and approval of this ordinance, it shall be unlawful except on Sundays and holidays for vehicular traffic proceeding on Loockerman Street to negotiate a left turn on to State Street between 9:00 A.M. and 6:00 P.M. except on Friday when such turn shall be prohibited between the hours of 9:00 A.M. and 9:00 P.M.
Section 3. Any person convicted of a violation of this ordinance shall be fined not less than One ($1.00) Dollar nor more than Ten ($10.00) Dollars and upon failure to pay such fine as may be imposed shall be imprisoned not more than five (5) days.
Passed December 27, 1960.
On motion of Mr. Fromm, seconded by Mr. Hayes, Council by unanimous vote passed the following ordinance:
AN ORDINANCE RELATING TO IDENTIFICATION, ETC. OF TAXI DRIVERS
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. From and after the passage and approval of this ordinance, no person shall operate a taxicab for hire upon the streets of the City of Dover, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City of Dover shall be driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall be the holder of a valid taxicab driver’s license issued under the provisions of this ordinance.
Section 2. An application for driver’s license shall be filed with the Police Department of the City of Dover at least ten (10) days prior to the intended date of use and shall contain the following information concerning the applicant:
(a) Finger prints
(b) Criminal record
(c) Experience in the transportation of passengers
(d) Photograph
Section 3. Upon approval of the application by the Chief of Police of the Police Department of the City of Dover, the City Clerk will issue a license to the applicant upon payment of a fee to be established by the City Manager.
Section 4. Every driver licensed under this ordinance shall post such driver’s license in such a place as to be in full view of all passengers while such driver is operating the taxicab.
Section 5. Any person convicted of a violation of this ordinance shall be fined not less than Ten ($10.00) Dollars or more than Fifty ($50.00) Dollars and upon failure to pay such fine as may be imposed shall be imprisoned not less than one (1) day nor more than Thirty (30) days.
Passed December 27, 1960.
On motion of Mr. Zartman, seconded by Mr. Fromm, Council by unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING LOADING AND DISCHARGING PASSENGERS FROM PUBLIC CONVEYANCE VEHICLES
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. From and after the passage and approval of this ordinance, drivers of public conveyance vehicles shall not receive or discharge passengers in the roadway but shall pull up to the right hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right or left hand sidewalk, or side of the roadway in the absence of a sidewalk.
Section 2. Any person convicted of a violation of this ordinance shall be fined not less than Ten ($10.00) Dollars nor more than Fifty ($50.00) Dollars and upon failure to pay such fine as may be imposed shall be imprisoned not less than one (1) day nor more than thirty (30) days.
Passed December 27, 1960.
On motion of Mr. Fromm, seconded by Mr. Holpp, Council by unanimous vote passed the following ordinance:
AN ORDINANCE RELATING TO NIGHT PROWLING
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. From and after the passage and approval of this ordinance, no person shall wander about the streets, alleys or other public ways or places, or be found abroad at late or unusual hours in the night without any visible or lawful business and who is not able to give a satisfactory account of himself.
Section 2. Any person convicted of a violation of this ordinance shall be fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars and upon failure to pay such fine as may be imposed shall be imprisoned not less than ten (10) days nor more than thirty (30) days.
Passed December 27, 1960.
On motion of Mr. Thompson, seconded by Mr. Carroll, Council be unanimous vote passed the following ordinance:
AN ORDINANCE REGULATING REGISTRATION OF CONVICTED PERSONS
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. From and after the passage and approval of this ordinance, that every person who, within five (5) years prior to the effective date of this ordinance has been convicted of a felony under the laws of the United States, of the State of Delaware or of any other State, or any other Government or Country, or who has within five (5) Years prior to the effective date of this ordinance been confined in a prison, reformatory, jail or other penal institution as a result of a conviction of a felony, or who has violated any national or state law relating to the possession, sale, or transportation of any narcotic, and who is residing in the City on the effective date of this ordinance or who comes into the City from any point outside the City, whether in transit through the City or otherwise, shall report to the Chief of Police of the City of Dover within five (5) days of the effective date of this ordinance of residing in the City of the effective date or within twenty-four (24) hours after his arrival within the City if coming into the City after said effective date, and shall furnish to the Chief of Police a written statement signed by such person, giving the following information:
(a) His true name and all aliases which he has used or under which he may have ben known.
(b) A full and complete description of his person.
(c) The kind, character and nature of each crime of which he has been convicted.
(d) The place where such crime was or crimes were committed and the place of conviction of the same.
(e) The name under which he was convicted in each instance and the date thereof.
(f) The name, if any, and he location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced.
(g) The location and address of his residence, stopping place, living quarters or place of abode in the City.
(h) The length of time he has occupied each such place of residence, stopping place or place of abode, and the length of time he expects or intends to remain in the City.
(i) Such other information as the Chief of Police shall find reasonably necessary to carry out the intent of this subsection.
(1) FULL PAROLEES EXCEPTED. This sub-section shall not be construed to apply to any person who has received a full pardon for each crime whereof he shall have been convicted.
(2) PHOTOGRAPHS AND FINGERPRINTS. At the time for furnishing such information as required above, the person registering shall be photographed and fingerprinted by the Chief of Police and photographs and fingerprints shall be made a part of the permanent record herein provided for.
(3) FALSE INFORMATION. It shall be unlawful for any person required by any provision of this ordinance to furnish any such report, to furnish in such report any false or fictitious address, or any address other than a true address or intended address, or to furnish in making any such report any false, untrue, or misleading information or statement relating to any information required by any provision of this ordinance to be made or furnished.
(4) RECORDS CONFIDENTIAL. The statements herein required shall at all times be kept by the Chief of Police in a file of files separate and apart from other files and records maintained and kept by the Police Department of the City and shall not be opened to inspection by the public or by any person other than a regular member of the Police Department of the City.
(5) RECORDS AVAILABLE TO POLICE OFFICIALS. The Chief of Police shall have the authority to transmit copies of records required herein to the sheriff of any county of the State, to the head of any organized police department of any municipality in the State, or to the head of any department of the State engaged in the enforcement of any criminal law of this State, or to the head of any Federal law enforcement agency, or to any sheriff or chief of police of a municipality, or to the head of any other law enforcement agency of any state in any state or territory outside of the State, when request is made in writing by such sheriff or person named therein, and stating that such record is deemed necessary for the use of such law enforcement officer of agency for the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose.
(6) DISCLOSURE OF INFORMATION ILLEGAL. It shall be unlawful for any police officer or employee of the Police Department to disclose to any person any information contained in a statement required hereunder.
Section 2. Any person convicted of a violation of this ordinance shall be fined not less than Ten ($10.00) Dollars or more than One Hundred ($100.00) Dollars, and upon failure to pay such fine as may be imposed shall be imprisoned not less than one (1) day nor more than thirty (30) days.
Passed December 27, 1960.
On motion of Mr. Zartman, seconded by Mr. Thompson, Council by unanimous vote passed the following ordinance:
AN ORDINANCE TO AMEND SECTION 25 OF CHAPTER XX OF THE ORDINANCES OF THE CITY OF DOVER RELATING TO PETIT LARCENY
BE IT ORDAINED By The Council Of The City Of Dover In Council Met:
Section 1. That Section 25 of Chapter XX of the Ordinances of the City of Dover entitled “Crimes and Punishments”, be and the same is hereby amended by striking the words “Twenty-five ($25.00) Dollars” as same appears in line six of said Section and inserting in lieu thereof the following:
“One Hundred ($100.00) Dollars”
Passed December 27, 1960.
On motion of Mr. Fromm, seconded by Mr. Thompson, Council adopted the following Resolution by vote of 6 ‘Yes’, 1 ‘No’. Mr. Hayes voted ‘No’.
RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING.
WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize a soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and
WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Public Housing Administration is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal; and
WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Public Housing Administration shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has be resolution approved the application of the public housing agency for such preliminary loan; and
WHEREAS, the Dover Housing Authority (herein called the “Local Authority”) is a public housing agency and is applying to the Public Housing Administration for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing;
NOW, THEREFORE, by it resolved by the Council of the City of Dover as follows:
1. There exists in the City of Dover a need for such low-rent housing at rents within the means of low-income families;
2. The application of the Local Authority to the Public Housing Administration for a preliminary loan in an amount not to exceed $23,750.00 for surveys and planning in connection with low-rent housing projects of not to exceed approximately 125 dwelling units is hereby approved.
Adopted December 27, 1960.
Council adjourned at 11:45 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of December 27, 1960 are hereby approved.
December 29, 1960 W. Edward Haman
Mayor