REGULAR MEETING
October 9, 1967
The regular meeting of City Council was held Monday, October 9, 1967 at 7:30 P.M. with Vice-Mayor Hayes presiding, in the absence of Mayor Carroll. Council present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson and Smith. Councilmen Harris was absent.
MINUTES
The minutes of the meeting of September 25, 1967 were approved by Council and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police for the month of September was approved.
Report of the Building Inspector and Fire Marshal for the month of September was approved.
Report of the Acting Alderman for the month of September was approved. Fines in the amount of $234.00 were remitted to the City during the month of September.
Report of the J.P. Court #7 for the month of September was accepted. A check in the amount of $2,310.00 was remitted to the City.
Report of Cash Receipts, General Fund, for the month of September was accepted.
Report of the Budget, General Fund, for the month of August was accepted.
Cash Receipts, Electric Revenue Fund, for the month of September was accepted.
Cash Report, Electric Improvement Fund, for the month of September was accepted.
City Manager Report for the month of September was accepted.
AMBULANCE SERVICE
City Manager Neylan gave a report on the continuation of ambulance service in the City of Dover. Mr. Torbert has stated that he cannot continue to operate the service unless arrangements can be made that he would receive some kind of subsidy, or he will sell the ambulance service to the City of they so desire. If the City would subsidize him at the rate of $9000 per year he would operate the service at a reduced rate tot eh residents of the City of Dover. The Fire Company, Kent General Hospital, and Kent County have stated that they are not interested in operating the service. Kent County can only subsidize an ambulance service if it is a volunteer organization, with Mr. Torbert is not. The ambulance services of a couple of the surrounding communities have assured the City Manager they will fill the gap for ambulance service in the City of Dover, in the event that Mr. Tobert discontinues his service at the end of the month, and until the City can come up with another service. Mr. Neylan stated that he would like to have the Council study the proposals and he will make a recommendation at the next Council meeting.
PARKS, PLAYGROUNDS AND TREES COMMITTEE
Councilman Smith presented a written report of the meeting of the Parks, Playgrounds and Trees Committee held on Monday, October 2, 1967. On motion of Mr. Holpp, Council accepted the report as presented.
CAPITOL GREEN PLAYGROUND
The owner of a 150' x 300' lot in Capitol Green has offered this lot to the City for use as a playground. Mr. William Georges, Director of the YMCA, has been working with the parents in the area and the owner and he has stated that if the City would clear the lot and lease it from the owner, the parents and residents of the area would develop and supervise the playground. On motion of Mr. Holpp, seconded by Mr. Hayes, Council authorized the City to enter into an agreement with the owner of this lot to lease same for the amount of $1 per year for an indefinite period.
SAFETY ADVISORY COMMITTEE
Councilman Smith presented a written report of the meeting of the Safety Advisory Committee held on Monday, October 2, 1967. On motion of Mr. Biggs, Council accepted the report as presented.
SPEED LIMITS - WHITE OAK ROAD
It has been brought before the Safety Advisory Committee the possibility of lowering the speed limit on White Oak Road, within the City Limits. Some of the residents of Towne Point feel that the present limit of 45MPH in this residential area is too great. Captain Spence agreed that the speed limit should be reduced to 25 MPH in this area. This is a State maintained road and they would have control of the speed limits. On motion of Mr. Hayes, seconded by Mr. Jackson, Council directed the City Manager to write a letter to the State Highway Department, expressing the City of Dover’s desire to have the speed limit reduced to 25 MPH on White Oak Road within the limits of the City of Dover.
STOP SIGN - LOOCKERMAN & SLAUGHTER STREETS
The stop signs now at Loockerman and Slaughter Streets are so set that the traffic coming out of Slaughter Street must stop before proceeding across or on Loockerman Street. It has been suggested that these signs be changed to stop the traffic that would be going East on Loockerman Street from the vicinity of the Public Library. On motion of Mr. Holpp, seconded by Mr. Smith, Council directed that this ordinance be prepared and submitted to Council for its approval.
PAINTING CURBS - QUEEN & WATER STREETS
When Queen Street was cut through for the new Police Station, no yellow curbs were painted on Queen and Water Streets. It has been suggested that 35' to 40' yellow curbs be painted on both of these streets. On motion of Mr. Jackson, seconded by Mr. Biggs, Council directed that an ordinance be prepared for submission to Council for its approval.
UTILITY COMMITTEE
Councilman Holpp presented a written report of the meeting of the Utility Committee held on Monday, October 2, 1967. On motion of Mr. Jackson, Council accepted the report as presented.
J. A. FREAR REZONING
A request has been received from Mr. J. Allen Frear to rezone a tract a land located within the City of Dover on the West side of U.S. Route 13 and north of the St. Jones River. This land is presently zoned for R-20. The request is to rezone approximately 3.21 acres to C-4 and approximately 13.63 acres to RG-2. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Hastings, seconded by Mr. Holpp, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located west of U.S. Route 13 and lying between the St. Jones River and the development known as Capitol Green are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and zoning map,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held at City Hall at 8:00 P.M. on November 27, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to C-4 and RG-2 use the land located west of U.S. Route 13 and lying between the St. Jones River and the development known as Capitol Green.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 9, 1967
PARADEE REZONING
A request has been received from Mr. Charles Paradee to rezone a tract of land located within the City of Dover on the north side of South Little Creek Road, directly across from the East Dover Elementary School, containing approximately 8 acres. This land is now zoned R-20 and the request it to RG-2. A public hearing is required prior to any change in the zoning ordinance and zoning map. On motion of Mr. Hastings, seconded by Mr. Smith, Council adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain land located on the north side of South Little Creek Road, directly across from the East Dover Elementary School are presently zoned for R-20 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and zoning map,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held at City Hall at 8:10 P.M. on November 27, 1967 on a proposed amendment to the zoning ordinance and zoning map of the City of Dover which would rezone from R-20 to RG-2 that land located on the north side of South Little Creek Road directly across for the East Dover Elementary School.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
Adopted October 9, 1967
ABANDON SHORT STREET
On motion of Mr. Hughes, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘absent’, Mr. Harris, adopted the following resolution.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF SHORT STREET, ALSO KNOWN AS ‘NO NAME STREET’ IN THE CITY OF DOVER
1. Council of the City of Dover is considering the vacating and abandonment of Short Street, also known as “No Name Street’, beginning at a point in the westerly right of way line of New Street and 190' south of Bank Lane and thence running in a westerly direction 225' and thence in a northerly direction 190' to Bank Lane and being a 20' street or alley.
2. The Council of the City of Dover will sit on Monday, October 23, 1067 at 8:25 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158; Volume 36, Laws of Delaware.)
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City and to publish same in a newspaper published in the said City.
Adopted October 9, 1967
FOOD SERVICE ORDINANCE
On motion of Mr. Holpp, seconded by Mr. Jackson, Council by a vote of 7 ‘yes’ and 1 ‘absent’ passed the following ordinance.
FOOD SERVICE SANITATION ORDINANCE OF THE CITY OF DOVER
WHEREAS, the Council of the City of Dover is desirous of adopting an ordinance defining food, potentially hazardous food, adulterated, misbranded, food-service established, temporary food-service establishment, health authority, utensils, equipment, etc.; providing for the sale of only unadulterated, wholesome, properly branded food; regulating the sources of food; establishing sanitation standards for food, food protection, food-service personnel, food-service operations, food equipment, and utensils, sanitary facilities and controls, and other facilities; requiring permits for the operation of food-service establishments; regulating the inspection (grading, regrading, and placarding) of such establishments; providing for the examination and condemnation of food; providing for incorporation by reference of the 1962 Edition of the ‘United Stated Public Service Food Service Sanitation Ordinance and Code’; and providing for the enforcement of this ordinance, and fixing of penalties.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET, as follows:
1. The definitions; the inspection of food-service establishments; the issuance, suspension and invocation of permits to operate food-service establishments; the prohibiting of the sale of adulterated or misbranded food or drink; and the enforcement of this ordinance shall be regulated in accordance with the unabridged form of 1962 Editions of the “United Stated Public Health Service Food Service Sanitation Ordinance and Code”, three certified copies of which are on file on the office of the Clerk of Council.
(a) Provided, That the words “municipality of _____” in said unabridged form shall be understood to refer to the City of Dover, and
(b) Provided further, That the words, “municipal clerk” in said unabridged form shall be understood to refer to the Clerk of Council, and
(c) Provided further, That the words “health authority” in said unabridged form shall be understood to refer to the Health Inspector, and
(d) Provided further, That the subsection H-8 and H-9 shall be understood to be deleted.
2. Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one-hundred dollars ($100.00). In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such violation occurs constitutes a separate violation.
3. This ordinance shall be in full force and effect thirty days (30) after its adoption and publication as provided by law; and, at that time, all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.
Adopted October 9, 1967
DOVER SPCA
A note was received from the Dover branch of the Kent County SPCA, extending an invitation to the Mayor and Council to participate in their Open House to be conducted at the SPCA Shelter on Horsepond Road on October 14th and 15th from 11:00 A.M. til 4:00 P.M.
EHLRICH REALTY COMPANY
In light of a recent suit brought against both the City of Dover and Kent County at the same time by the Ehlrich Realty Company to lower the assessment on the property they own on Loockerman Street known as Penney’s, it has been requested that the City of Dover follow the ruling set down by Judge Quillen to Kent County to lower the assessment. Judge Quillen only ruled in the case of the County, because there was a technically that arose in the case against the City. This had nothing to do with the evidence and testimony that was presented in the case. City Solicitor Buckson stated that if the City did not lower the assessment, the case would be reopened and he felt that and order would be forthcoming from the Courts requiring the City to do same. The reduction for the assessment on the Penny’s store would be for this current tax year only. On motion of Mr. Hayes, seconded by Mr. Biggs, Council directed the City Assessor to lower the assessment on the J. C. Penny store to correspond with that of the records of the Kent County Tax Assessor.
INDEPENDENCE MALL
Independence Mall, now owned by the State of Delaware, was originally built and owned by the Independence Mall, Inc. of Wilmington, Delaware. Mr. Cappaldi was the builder and principal stockholder in the Independence Mall, Inc. At the time of his death, his estate entered into a sale with the State of Delaware for this property of U.S. Route 13. There were taxes owed for the current year, which were not paid at the time of settlement. A check was later received from the estate of Mr. Cappaldi, and was returned by Mr. James, Tax Assessor due to a technicality. Council at this time is requested by Mr. James to accept this check for the prorated taxes, for the portion of the tax year that this building was owned by the Independence Mall, Inc., and to write off any taxes that have been assessed on the building since the State took possession. On motion of Mr. Smith, seconded by Mr. Hayes, Council directed the Tax Assessor to take such action.
Council adjourned at 9:25 P.M.
Jay R. Dougherty
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of October 9, 1967 are hereby approved.
October 10, 1967 Crawford J. Carroll Mayor