Regular City Council Meeting
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May 12, 1958 at 1:00 AM

REGULAR MEETING

May 12, 1958

The regular meeting of City Council was held Monday, May 12, 1958, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Carroll, Davis, Fromm, Hayes, Holpp, Mundy, Turner and Zartman.

MINUTES

Minutes of the last special meeting were accepted as read.

REPORTS

Report of the Chief of Police accepted as read.

Report of the Alderman was accepted as read. A check in the amount of $543.30 and $139.00 were remitted to the City. Report of the Acting Alderman Shockley was accepted as read. A check in the amount of $564.00 was remitted to the City.

Report of Cash Receipts for April was accepted as read.

Report of City Manager was accepted as read.

DISPOSAL PLANT LAND

Councilman Zartman reported he had discussed the purchase of land for sewage plant extension with Mrs. Scull. He will talk further with her.

HUNTER LAND

Councilman Mundy reported he had discussed the acquisition of a piece of land south of Lotus Street from Barney Hunter and wife for use as a public alley. Sewer and water lines now run thru the land. Mr. Mundy reported the Hunters agreed to convey the land to the City for $225.00. The land in question is 19.4 feet wide running south from Lotus Street to an alley which forms the southern boundary of the City. A similar 19.4 foot alley right of way runs north from Lotus Street. A Mrs. Ross, who owns adjoining land had proposed to give the City an additional 2.6 feet of land to widen the alley. On motion of Mr. Davis, seconded by Mr. Fromm, Council authorized payment of $225 to the Hunters for the 19.4 feet of land providing the City Manager is able to obtain from Mrs. Ross the additional 2.6 feet of land to widen the alleys both north and south of Lotus Street.

INVITATIONS

The Mayor and Council received an invitation to attend the dedication of the new Col. John Haslet Armony on Saturday June 7, 1958 at 11 A.M.

The Mayor and Council received an invitation to attend the dedication of the new DP&L power plant at Indian River on Saturday May 17, 1958 from 10 A.M. to 2 P.M.

QUEEN STREET

City Solicitor Buckson reported that deeds had been completed on the transfer of the right of way of Ketchline Street to James P. Clark in exchange for a piece of land extending Queen Street south of North Street. Mr. Clark’s attorney wrote expressing dislike of the possibility of Mr. Clark being assessed for the cost of improvement of Queen Street, when such occurs. Mr. Buckson will reply outlining the policy of the City as established in October, 1957.

SMITH STREET

Council had set 8 P.M. May 12 for a hearing on the abandonment of a portion of Smith Street. The hearing has been duly advertised. No residents or property owners appeared to object to the abandonment.

On motion of Mr. Mundy, seconded by Mr. Davis, Council by unanimous vote adopted the following ordinance:

A RESOLUTION VACATING AND ABANDONING A PORTION OF A STREET KNOWN AS SMITH STREET IN THE CITY OF DOVER.

Be It Resolved By The Council Of The City Of Dover, ALL MEMBERS OF COUNCIL CONCURRING THEREIN, at a meeting of the City Council held May 12, 1958, as follows:

Section 1. The Council of the City of Dover hereby vacates and abandons a portion of Smith Street in the City of Dover, said portion to be vacated and abandoned beginning at appoint approximately two hundred fifty-eight (258) feet east of the intersection of said Smith Street and Pennsylvania Avenue and running eastward of St. Jones River.

Section 2. Since no person has been deprived of property by the vacating and abandoning of the said portion of Smith Street, no compensation is awarded.

Passed May 12, 1958.

Approved:

                  Clerk of Council                                                                             Mayor

ORDINANCE

On motion of Mr. Turner, seconded by Mr. Mundy, Council by unanimous vote adopted the following ordinance:

AN ORDINANCE TO AMEND AN ORDINANCE REGULATING TRAFFIC AND PARKING WITHIN THE CITY OF DOVER DURING THE CONSTRUCTION OF DIVISION STREET

Be It Ordained By The Council Of The City Of Dover In Council Met:

An Ordinance Regulating Traffic and Parking Within the City of Dover during the Construction of Division Street, passed April 28, 1958, is hereby amended by the addition of the following paragraph.

Any person or persons convicted of the violation of any parking or traffic regulations adopted and enforced under the provisions of this ordinance shall be punished by a fine of not more than Fifty Dollars ($50.00) and/or by imprisonment for not more than thirty days, for each offense.

Passed May 12, 1958.

Approved:

                  Clerk of Council                                                                             Mayor

BUILDING LINES

Thomas Baker, Building Inspector, discussed with Council the need for regulation of the location of structures on building lots within the City, with particular reference to their location in relation to abutting property lines. On motion of Mr. Fromm, seconded by Mr. Davis, the matter was referred to the Planning Commission for their study and recommendation prior to the preparation of an ordinance.

BUILDING SPECIFICATIONS

Mr. Baker recommended that City building specifications be amended to provide for windows of adequate size to be installed in bedrooms of newly constructed houses so that escape would be possible for anyone by Mr. Mundy, the matter was referred to the City Solicitor for preparation of the necessary ordinance.

BOATING ORDINANCE

On motion of Mr. Davis, seconded by Mr. Carroll, Council by unanimous vote adopted the following ordinance:

AN ORDINANCE REGULATING SWIMMING, BOATING, SKIING, AND FISHING, AND THE USE OF SILVER LAKE AND ADJACENT CITY PROPERTY.

Be It Ordained By The Council Of The City Of Dover In Council Met:

A. DEFINITIONS

            1. For the purpose of this Ordinance the term lake area shall mean all of Silver Lake and all adjacent property owned by the City of Dover.

B. GENERAL PROVISIONS.

            1. The possession of alcoholic beverages within the boundaries of the lake area in any form whatsoever, whether in open or unopen containers and the use thereof the said lake area is prohibited.

            2. Glassware of any description whatsoever shall not be brought into the lake area.

            3. Except as hereinafter provided, boating, swimming, skiing, and fishing shall be engaged in only during daylight hours within the lake area.

            4. No person shall in any way or for any purpose whatsoever, molest or otherwise disturb wildlife within the lake area.

C. SWIMMING

 

            1. No person shall swim within the lake area except within the confines of such swimming beaches as are designated by buoys and floats.

            2. Swimming to and from boats, boat dicks, beaches and dams, as well as diving therefrom is prohibited.

D. FISHING

            1. Fishing within the lake area shall be done according to the rules and regulations promulgated by the Game and Fish Commission of the State of Delaware.

E. BOATING

            1. Before any person, firm or corporation shall engage in boating upon the said lake, said person, firm or corporation shall obtain from the Dover Police Department a permit. Said boat or boats owned by any person, firm or corporation shall be registered in the name of the owner with the Police Department at the time of the application for a permit, and thereafter said owner shall be responsible for the operation of said boat on Silver Lake and shall be responsible for compliance with the terms of this ordinance whether or not said owner is the operator of said boat.

                        a. For each permit issued as aforesaid, the Dover Police Department shall collect One ($1.00) Dollar if the permit be requested for a private boat, and Five ($5.00) Dollars if the permit be requested by a dealer intending to demonstrate a boat upon the said lake.

            2. No person, firm or corporation shall operate a boat upon the aforesaid lake propelled by an outboard motor, which boat is in excess of eighteen (18) feet.

            3. No person, firm or corporation shall operate a boat upon the aforesaid lake propelled by an inboard motor, which boat is in excess of sixteen (16) feet.

            4. Every boat operated on the aforesaid lake shall display upon its hull the name and number of the permit so that the same can be clearly seen.

            5. Every boat operated upon the aforesaid lake shall be equipped with life-saving equipment satisfactory to the Dover Police Department.

            6. All boats traversing the said lake shall do so in a counterclockwise manner.

 

            7. The rules regarding the overtaking and passing or meeting and passing of automobiles within the State of Delaware shall apply to boats upon the said lake.

            8. In passing under the Silver Lake Bridge, all boats shall use the arch to its right and no boat at any time shall use the center arch.

            9. No boat shall operate less than seventy-five (75) feet from any shore line except when launching and landing, nor shall any boat operate closer to the Silver Lake Bridge than seventy-five (75) feet except when said boat is intending to pass under said Bridge.

            10. Boat racing is prohibited except upon the northerly portion of the said lake west of the Silver Lake Bridge.

            11. Sailboats, rowboats, canoes, and other boats not mechanically propelled shall have the right of way over those which are so mechanically propelled and must at all times be cleared by boats operating under power by a minimum of fifty (50) feet.

            12. At no time shall any boat bee operated within any designated swimming area.

            13. During funeral services at the adjacent cemetery, all boats shall operate upon the said lake at a speed of five (5) miles per hour or less.

            14. All boats which are mechanically propelled must maintain at all times as a part of their equipment a standard manufacturer’s muffler for the type of engine used.

            15. All boats operating after sundown shall be equipped with lights acceptable to the Dover Police Department and shall keep the same in constant operation so long as the said boat if being operated and shall not operate at a speed in excess of ten (10) miles per hour.

F. WATER SKIING

            1. Water Skiers shall embark and debark only at the posted area north of the Washington Street swimming beach.

            2. No person shall engage in water skiing within twenty-five (25) feet of any shore line or within fifty (50) feet of any designated swimming area.

            3. The use of ski ramps or other devices and the practice of what is commonly known as “stunt skiing” shall be confined to the northern portion of the lake west of the Silver Lake Bridge.

C. PENALTIES.

            1. Any person, firm or corporation who shall violate any section or sub-section of this Ordinance shall immediately, upon notice from the Dover Police Department, surrender to the said Police Department any permit granted to him under the provisions of this Ordinance and shall not be entitled to the issuance of another permit until the first day of March following the dais surrender, and/or any person, firm or corporation who shall violate any section of sub-section of this Ordinance shall be fined not less than Fifty ($50.00) Dollars nor more than One Hundred ($100.00) Dollars, and in default of payment of the said fine shall be imprisoned for not more than thirty (30) days.

Passed May 12, 1958.

Approved:

                  Clerk of Council                                                                             Mayor

Council adjourned at 10:30 P.M.

F. Neylan

City Clerk