SPECIAL MEETING
January 26, 1959
The special meeting of City Council was held Monday, January 26, 1959, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Fromm, Hayes, Holpp, Turner and Zartman.
Invocation was offered by the Rev. Leonard Taylor.
MINUTES
Minutes of the meeting of January 12, 1959 were accepted as read, and bore the written approval of Mayor Haman.
ELECTION
The Election Board certified to City Council that as a result of the municipal election of January 19, 1959 the following Councilmen were elected, without opposition, each receiving 32 votes:
First District: Crawford J. Carroll
Second District: Paul E. Zartman
Third District: Francis L. Turner
Fourth District: Victor E. Holpp
STROM SEWER CONTRACT
City Manager Ward reported that bids had been received for the installation of Storm sewer north of Division Street from Queen to West Street, with alternate bids on storm sewer from Reed and Bradford to Pryor and Division, and on Reed Street west of New Street. Bids were received from five contractors. Low bidder is Edgell Construction Co. at the following: Base bid, $54,537.50; Alternate #1, $25,804.00; Alternate #2, $17, 032.75. On motion of Mr. Zartman, seconded by Mr. Davis, Council authorized awarded of the base bid, only, to Edgell Construction Company at the price of $54,537.50.
RODNEY VILLAGE ANNEXATION
Thomas Rogers, President, and other officers of the Rodney Village Civic Association, appeared before City Council with a report that a poll had been conducted of its members in Rodney Village on the question of being incorporated within the City of Dover. 80% of the replies received were in favor of annexation. Council was requested to consider annexation of the area between Wyoming Avenue and Isaac Run and Governors Avenue and the Railroad. If the request is approved, Council was asked to take such further action as is necessary to annex the area. Present character provisions do not permit annexation of this area by any means. Council considered various types of legislation that might permit annexation such as referendum held in the area to be annexed, petition of property owners and public hearings, etc. On motion of Mr. Davis, seconded by Mr. Fromm, the matter was referred to the Legislative and Finance committee of Council for preparation and submission to Legislative of a bill to permit annexation by petition, or by whatever method it seems that Legislature would approve.
LINCOLN PARK - NEW STREETS
Council discussed its policy of assessing the cost of opening and developing new streets and its relation to that portion of Lincoln Street in west Dover which, although a dedicated street, had never been open to public use. It is the desire of Council to clarify its declared policy of October, 1957, on assessing the cost of opening and constructing new streets. On motion of Mr. Fromm, seconded by Mr. Davis, Council declared its policy to be that the developers or property owners will be assessed 2/3 the cost of opening, constructing and/or improving streets which have been undeveloped or unimproved to date, but that Dover will bear the cost of improving or reconstructing streets which have been developed and are in regular use as streets.
HOME RULE
City Solicitor Buckson discussed with Council two proposals for legislation providing Home Rule for Delaware Municipalities, one by constitutional amendment the other by a statutory change. A committee of members of the Mayors Association of Delaware will meet February 3 at 6:30 P.M. to decide which proposal, or compromise, the Association will support.
UTILITY COMMITTEE
Mr. Ward reported that a meeting between representatives of DP&L Kuljian, and the Utility Committee would probably be arranged for Monday, February 2, at 10 A.M.
SUBSTATION STRUCTURE
On motion of Mr. Holpp, seconded by Mr. Davis, the City Manager was authorized to obtain estimates of the cost of steel structure for the Lebanon substation and to determine whether funds were available in the current budget.
MEDALLIONS
On motion of Mr Davis, seconded by Mr. Fromm, the City Manager was requested from American sources, it possible, the cost of medallions engraved with the Seal of Dover, in lots of 24 or more.
CIVIL DEFENSE
On motion of Mr. Zartman, seconded by Mr. Carroll, Council by unanimous vote passed the following ordinance:
The City Council of Dover hereby declared that the preparation of a plan, and the means for its full implementation, for the protection lives and property in the City of Dover from enemy attacks, natural disaster or any other cause, is immediately essential. The City Council further finds that in times of emergencies which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay. The City Council finds, therefore, that the preparation, adoption, and full implements of such plans are now imperative.
Section 1. There is hereby created the Dover Municipal Civil Defense Council which shall consist of the following:
a. The Mayor of the City of Dover, who shall serve as Chairman of the Council, and who shall also be known as the Director of Civil Defense of the City of Dover.
b. The Assistant Director of Civil Defense of the City of Dover, who shall be charged with the preparation of the civil defense plan for the City of Dover, together with such other duties as the Director may prescribe. The Assistant Director shall be appointed by and hold his position at the pleasure of the Director of Civil Defense. The Vice-Chairman and the members of the Dover Municipal Civil Defense Council shall be appointed by the Mayor acting in his capacity as Chairman of the said Council.
c. The Deputy Directors of Divisions and the Chief’s of Services of such Divisions as may be provided for by resolution by the City Council.
d. Representatives not to exceed twenty-one in number from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointed by the Mayor.
Section 2. Powers and Duties of Municipal Civil Defense Council. The powers and duties of the Dover Municipal Civil Defense Council shall include the recommendation for adoption by the City Council of a civil defense plan for the City of Dover and the recommendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation of such civil defense plan. The duties of such Civil Defense Council shall also include a continuing study of the need for amendments and improvements in the civil defense plan adopted by the City Council.. The Dover Municipal Civil Defense Council shall meet upon the call of either the Chairman or the Vice-Chairman.
Section 3. Office and Director of Civil Defense and Authority of Director. The Office of Director of Civil defense is hereby created. The Director of Civil Defense shall have the authority to request the declaration of the existence of an emergency by the City Council or by higher authority. In the event that it is deemed necessary to declare the existence of an emergency without delay, the Director may, if the City Council is not in session, do so, but such action shall be subject to confirmation by the City Council at its next meeting.
The duties and responsibilities of the Director of Civil Defense shall include the following:
(1) The control and direction of the actual or training efforts of the civil defense organization of the City of Dover;
(2) The determination of all questions of authority and responsibility that may arise within the civil defense organization of the City of Dover;
(3) The maintenance of necessary liaison with other municipal, area, state, regional, Federal, or other civil defense organizations;
(4) The marshaling, after the declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the City of Dover to aid in the carrying out of the civil defense plan;
(5) The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the civil defense plan;
(6) The issuance of reasonable rules and regulations which are necessary for the protection of life and property in the City of Dover including but not limited to rules and regulations applicable to blackouts and air raids;
(7) The supervision of and final authorization for a procurement of all necessary supplies and equipment, including acceptance of private contributions;
(8) The supervision of the drafting and execution of mutual aid agreements entered into by the City of Dover;
(9) The authorizing of agreements, after approval of the city attorney, for the use of private property for air raid shelter and other purposes.
Section 4. Operational Civil Defense Organization Created. The Operational civil defense organization of the City of Dover shall consist of the officers and employees of the City of Dover designated by the Director of Civil Defense as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among such divisions. Services and special staff as the City Council shall prescribe by resolution. Any such resolution shall set firth the form of organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this ordinance. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the Federal Government and the recommendations of the civil defense agency of the State of Delaware.
Section 5. Oath Required of Civil Defense Workers. Each person serving asa member of the Municipal Civil defense Council, or as an officer, employee or volunteer in any capacity in the Municipal Civil Defense Organization created by resolution pursuant to the authority hearing conferred, shall, prior to assuming their duty or duties, take an oath which shall be substantially as follows:
“I, , do, solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of Delaware, against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that O take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I an about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any political party or organization group or combination of persons that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the Municipal Defense Council of the City of Dover I will not advocate nor become a member or an affiliate of any organization, group, or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of this State by force or violence.”
Section 3. Lights During Blackouts Declared Public Nuisance. Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this ordinance constitutes a public nuisance and when deemed necessary in order to protect life or property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the City of Dover, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this ordinance.
Section 7. Unauthorized Warning or All-Clear Signals Prohibited. Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance.
Section 8. Conflicting Ordinance, Orders, Rules and Regulations Suspended. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the letter may be inconsistent therewith.
Section 9. No Conflict with State or Federal Statutes. This ordinance shall not be construed so as to conflict with any State or Federal statute or with Military or Naval order, rule or regulation.
Section 10. No Municipal or Private Liability. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health and safety and neither the City of Dover, the agents and representatives of said City, or any individual, receiver, firm, partnership, corporation, association of trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to person or property as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Dover a license or privilege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack, shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person.
Section 11. Expenses of Civil Defense. No person shall have the right to expend any public funds of the City in carrying out any civil defense activity authorized by this ordinance without prior approval by the City Council, nor shall any person have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council.
Section 12. Violations. It shall be unlawful for any person wilfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the civil defense organization of the City of Dover unless authority so to do has been granted to such person by the proper officials. Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed that permitted by City of Dover Charter, and/or imprisonment not to exceed that permitted by City of Dover Charter, for each separate offense.
Section 13. Separability. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not effect the remaining provisions hereof.
Section 14. Effective Date. The immediate passage of this ordinance is deemed essential to the public health, safety and welfare, and it shall take immediate effect.
Passed January 26, 1959
PLANNING COMMISSION
On motion of Mr. Zartman, seconded by Mr. Davis, Council by unanimous vote adopted the following resolution:
A RESOLUTION AUTHORIZING THE APPOINTMENT OF A PLANNING COMMISSION FOR THE CITY OF DOVER.
WHEREAS to establish, to conserve and to promote the public health, safety, and general welfare, it is deemed in the best interest of the City of Dover that there be created within the said City a Planning Commission:
AND WHEREAS the State of Delaware, by its General Assembly, has enacted a Planning Commission Enabling Act, which act is found in Chapter 7 of Title 22 of the Delaware Code Annotated:
AND NOW THEREFORE BE IT RESOLVED that the Mayor of the City of Dover appoint a Planning Commission, pursuant to Section 701 of Title 22 of the Delaware Code Annotated.
Adopted January 26, 1959.
ZONING COMMISSION
On motion of Mr. Davis, seconded by Mr. Hayes, Council by unanimous vote adopted the following Resolution:
A RESOLUTION AUTHORIZING THE APPOINTMENT OF A ZONING COMMISSION AND A BOARD OF ADJUSTMENT
WHEREAS in order to promote the health, safety, morals of general welfare of the community, it is deemed in the best interest of the City of Dover, by the Mayor and Council, that Municipal Zoning Regulations be enacted within the said City:
AND WHEREAS the State of Delaware by its General Assembly has enacted a State Zoning Enabling Act, which act is found in Chapter 3 of Title 22 of the Delaware Code Annotated:
NOW THEREFORE BE IT RESOLVED that the Mayor of the City of Dover appoint a Zoning Commission, pursuant to Section 306 of Title 22 of the Delaware Code Annotated; AND IT IS FURTHER RESOLVED that the Council provide for the appointment of a Board to be known as the Board of Adjustment, pursuant to Section 321 of Title 22 of the Delaware Code Annotated; AND IT IS FURTHER RESOLVED that the Council proceed to adopt a Zoning Ordinance regulating and restricting the height, number of stories, and size of buildings and other strictures, percentages of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry residence, or other purposes.
ADOPTED January 26, 1959
FIRE MARSHALL COMMITTEE
Mayor Haman reported that he has appointed to the committee to study the requirements of the Fire Marshall’s office, and to maintain liaison with the Robbins Hose Company, Councilmen Hayes, Turner and Fromm.
Mr. Hayes reported that the committee had considered some of the problems of the Fire Marshall’s office and recommend that George Hill be continued as Fire Marshall during the balance of the present fiscal year, and that Assistant Fire Chief Paul Kertiles and Jack Roe be named Deputy Fire Marshall. On motion of Mr. Carroll seconded by Mr. Davis, Council accepted and approved the recommendation of the Committee.
Council adjourned at 10:40 P.M.
F. Neylan
City Clerk
All ordinances, resolutions and orders adopted by City Council at its meeting of January 26, 1959 are hereby approved.
January 28, 1959 W. Edward Haman
Mayor