REGULAR MEETING
September 13, 1954
The regular meeting of City Council was held Monday, September 13, 1954, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs. Biddle, Davis, Helm, Holpp, Mundy, Petty, Smith and Tischer.
MINUTES
Minutes of the last regular meeting were accepted as read.
REPORTS
Report of the City Manager was accepted as read.
Report of the Chief of Police was accepted as read.
Report of the City Alderman for July 1954 was accepted as read. A check in the amount of $848.65 was remitted to the City. Report of Magistrate Shockley for August was accepted as read. A check in the amount of $1358.10 was remitted to the City.
Report of the Fire Recorder, Robbins Hose Co., for August was accepted as read.
Report of Cash Receipts for August was accepted as read. Council directed that a monthly report of ambulance operations be prepared for its consideration.
PARKING METERS
In accordance with a request from Dover Chamber of Commerce, Council directed that parking meters be un operation until 9 P.M. on the following days of the Christmas shopping season:
November 26 & 27 December 3, 4, 10 & 11
December 13 thru 23, incl.
CITIES SERVICE REQUEST
Cities Service Oil Co. requested a permit to install four (4) 3000 gallon gasoline storage tanks and erect a four story office building on the site of the former Hotel Richardson. Council tables the request for action at a meeting to be held September 27, 1954.
AMBULANCE
Irving Garton, Chairman of the Community Ambulance Fund, formally submitted to the City of Dover, title to the ambulance purchased with the proceeds from Community drive. Council directed the City Manager to write a letter to Mr. Garton accepting the ambulance in the name of the City as of September 13, 1954.
BUSINESSES
Drucker Furniture Co. proposes to purchase the property of Frank Bonsall on S. New Street in which he operated a restaurant and print shop ans asked whether they could continue to operate a business in what is designated a residential area. Council approved the operation of a business at the location, subject to inspection and approval of the building by the building committee.
Council approved granting to Mrs. John W. Spies of a license to open a book shop at 47 The Green in what was formerly an attorney’s office. Council directed, however, that no overhanging signs be erected at the location.
BUSINESS LICENSES
Council directed that three notices be inserted in local newspapers, including a schedule of fees, informing local businesses that a City business license is required and that if one is not obtained on or before October 1, the penalty provided in the ordinance will be enforced.
KIWANIS CIRCUS
Council granted a permit tot he Dover Kiwanis Club to conduct a circus on the Wesley College playing field on Monday, September 20, 1954.
KENT COUNTY THEATER GUILD
Council approved the action of the City Manager in limiting the advertising of its activities proposed by the Kent County Theater Guild to posters on The Plaza and circulation of handbills within the City.
RAILROAD TRIANGLE
City Manager Ward reported that a representative of the Pennsylvania Railroad informed him that the Railroad has agreed to grant to the City an option on the triangle of Railroad property at Loockerman and Forest Streets for conversion to City use.
WATER LINE TO BAY ROAD
A new water line is proposed from a point west of Legislative Hall to a proposed new elementary school at the South Little Creek Road and the Bay Road, thence south to Capital Park. Council authorized payment by the City of the cost of the line within the limits of Dover.
WAGES & HOURS COMMITTEE
City Manager Ward informed Council that he desired a meeting of the Wages & Hours Committee consisting of Councilmen Tischer and Helm, City Manager Ward, Mr. Anderson and Mr. Neylan.
LEFT TURNS - CHAMBER OF COMMERCE
A letter from the Chamber of Commerce requested that the restriction on left turns be limited to the hours of 4 to 6 P.M. daily, except Friday when the hours shall be 4 to 9 P.M., and that the 24 hour restrictions be abolished. Council tabled the matter and requested the Chamber to provide a delegation to present its arguments.
PARKING AUTHORITY
Mayor Haman appointed the following citizens to a committee to study the formation of a Dover Parking Authority: Karl Dorzback Sr., Marvin C. Thompson, O.A. Evans, William Manter. A fifth member of the committee will be appointed at a later date.
ORDINANCE
By unanimous vote, Council passed the following ordinance:
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, DEFINING THE POWERS AND DUTIES OF THE FIRE MARSHALL, AND PROVIDING PENALTIES FOR VIOLATIONS.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. Adoption of Fire Prevention Code.
There is hereby adopted by The City of Dover for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being particularly the 1953 edition thereof the whole thereof, of which code not less than three (3) copies have been and now are filed in the office if the Clerk of Council, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect the provisions thereof shall be controlling within the limits of The City of Dover.
Section 2. Establishment and Duties of Bureau of Fire Prevention.
a. The Fire Prevention Code shall be enforced by the Fire Marshall
b. The Fire Marshall may detail such members of the Fire Department as inspectors as shall from time to time be necessary.
Section 3. Definitions.
Wherever the word “Municipality” is used in the Fire Prevention Code, it shall be held to mean The City of Dover. Whenever the words “Chief of the Bureau of Fire Prevention” are used in the Fire Prevention Code they shall be held to mean the Fire Marshall.
Section 4. Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Aboveground Tanks is to be Prohibited.
a. The limits referred to in section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: All of the City of Dover within the boundaries thereof.
b. The limits referred to in section 15.401 of the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: All of the City of Dover within the boundaries thereof.
Section 5. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted.
The limits referred to in section 20.06a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: All of the City of Dover within the boundaries thereof.
Section 6. Amendments Made in the Fire Prevention Code.
The Fire Prevention Code is adopted in full without amendment.
Section 7. Modifications
The Fire Marshall shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the Fire Marshall thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.
Section 8. Appeals
Whenever the Fire Marshall shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshall to the Council of The City of Dover within 30 days from the date of the decision of the appeal.
Section 9. New Materials, processes or Occupancies which may Require Permits.
The Mayor, the Chief Engineer of the Fire Department and the Fire Marshall shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.
Section 10. Penalties.
a. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal had been taken, or who shall fail to comply with such an order as affirmed or modifies by the Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor punishable by a fine of not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars or upon failure to pay such fine as shall be imposed shall be imprisoned for not more than thirty (30) days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Section 11. Repeal of Conflicting Ordinances.
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed, except Sections 1, 2, 3, 4, 15 and 16 of Chapter VII of the ordinances of the City of Dover, which said section shall continue in full force and effect.
Section 12. Validity
The Council of The City of Dover hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
Section 13. Date of Effect.
This ordinance shall take effect and be in force from and after its approval as required by law.
Passed September 13, 1954.
Approved:
Clerk of Council Mayor
RESOLUTION
By unanimous vote, Council adopted the following resolution:
A RESOLUTION PROVIDING FOR A SPECIAL MEETING OF CITY COUNCIL TO BE HELD ON THE FOURTH MONDAY OF EACH MONTH.
WHEREAS the Charter of the City of Dover requires that a regular meeting of City Council be held once each month and such meeting is now held on the second Monday of each month at 7:30 P.M., and
WHEREAS the business and affairs of the City of Dover requiring the consideration of the Council of the City of Dover are of such volume and urgency that more frequent meetings of the Council are required,
Now Therefore Be It Resolved By The Council of the City of Dover in Council Met:
That from and after the adoption of this Resolution a Special Meeting of the Council of the City of Dover shall be held on the fourth Monday of each month and that such Special Meeting shall continue to be held until this Resolution is repealed by formal action of Council.
Adopted September 13, 1954.
Approved:
Clerk of Council Mayor
Council adjourned at 11:30 P.M.
F. Neylan
City Clerk