ANNUAL MEETING
February 13, 1978
The Regular Meeting of Council was held on February 13, 1978 at 7:30 p.m. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Carey, Witt, Carson and Bewick.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS
Mr. Hodge requested an additional agenda item to discuss recent difficulties experienced in the attempt to read residential electric meters caused by the snowfall.
Mr. Hodge also requested an additional agenda item for a brief update of the Downtown Revitalization Program.
MINUTES
The Minutes of the Regular Council Meeting of January 23, 1978 were unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt and bore the written approval of Mayor Legates.
OATH OF OFFICE - ELECTED MAYOR AND COUNCILMEN
The Honorable William G. Bush, III, Judge of the Superior Court, administered the Oath Office to the Mayor and the following Councilmen:
Mayor - - Charles A. Legates, Jr.
Councilman - First District - Robert D. Bewick, Jr.
Councilman - Second District - John B. Carson
Councilman - Third District - James P. Muir
Councilman - Fourth District - James C. Hardcastle
RECESS
Mayor Legates called a short recess for the purpose of photographing the newly elected Mayor and Councilmen.
MAYOR’S ADDRESS
Mayor Legates addressed Council and the spectators, pointing out that the present form of City government as prescribed by the Charter, has afforded the pleasure of orderly growth, an attractive tax situation and the added plus of our own electric power generating station. However, he reminded Council and staff that a careful analysis of all expenditures is an absolute necessity for fiscal year 1978-79. In closing, Mayor Legates thanked members of Council, the staff and employees for a job well done.
ELECTION OF OFFICERS FOR THE YEAR 1978
Vice-Mayor
Mayor Legates opened the floor for nominations for Vice-Mayor. Mr. McDonough moved for the nomination of Councilman Muir, seconded by Mr. Hardcastle. Mr. Weyandt moved that nominations be closed, seconded by Mr. Hardcastle and unanimously carried. Councilman James P. Muir was elected Vice-Mayor for the year 1978.
City Solicitor
Mr. McDonough moved to nominate Nicholas H. Rodriguez for the office of City Solicitor for the year 1978. The motion was seconded by Mr. Bewick. Mr. Weyandt moved that nominations be closed, seconded by Mr. McDonough. By a unanimous vote, Mr. Rodriguez was approved as City Solicitor.
Deputy Solicitor
Mr. Hardcastle moved to nominate Mr. William Fletcher as Deputy City Solicitor for the year 1978, seconded by Mr. Muir. Mr. Witt moved that nominations be closed, seconded by Mr. Weyandt. By unanimous vote, Mr. William Fletcher was approved as Deputy City Solicitor.
Chaplain
Mr. Muir moved to nominate the Reverend J.H. Williams as Council Chaplain for the year 1978, seconded by Mr. Bewick. Mr. Witt moved that the nominations be closed, seconded by Mr. Weyandt. By a unanimous vote the Reverend J.H. Williams was approved as Council Chaplain.
Fire Marshal
Mr. Carey moved that Mr. Jack Roe be nominated as Fire Marshal for the year 1978, seconded by Mr. Bewick. Mr. Hardcastle moved that nominations be closed, seconded by Mr. Witt. By a unanimous vote, Mr. Jack Roe was approved as Fire Marshal.
City Clerk
Mr. Hardcastle moved for the nomination of Mr. William H. Willis as City Clerk for the year 1978, seconded by Mr. Weyandt. Mr. McDonough moved that the nominations be closed seconded by Mr. Weyandt. By a unanimous vote, Mr. William H. Willis was approved as City Clerk.
City Treasurer
Mr. Carey moved for the nomination of Mr. William H. Willis as City Treasurer for the year 1978, seconded by Mr. Muir. Mr. McDonough moved that the nominations be closed, seconded by Mr. Hardcastle. By a unanimous vote, Mr. William H. Willis was approved as City Treasurer.
City Alderman
Mr. Witt moved that Mr. William H. Willis be nominated as City Alderman for the year 1978, seconded by Mr. McDonough. Mr. Hardcastle moved that nominations be closed, seconded by Mr. Weyandt. By a unanimous vote, Mr. William H. Willis was approved as City Alderman.
Deputy City Alderman
Mr. Witt moved for the nomination of Mrs. Debrah Bittner as Deputy City Alderman for the year 1978, seconded by Mr. Carey. Mr. Hardcastle moved that the nominations be closed, seconded by Mr. Muir. By a unanimous vote, Mrs. Debrah Bittner was approved as Deputy City Alderman.
COMMITTEE APPOINTMENTS
Building Code Appeals Committee
The following Councilmen were unanimously approved to serve on the Building Code Appeals Committee for the year 1978 as presented by Mayor Legates:
Chairman: Charles L. Witt
Members: Councilmen James C. Hardcastle and Robert D. Bewick, Jr.
Plumbing Code Appeals Committee
The following Councilmen were unanimously approved to serve on the Plumbing Code Appeals Committee for the year 1978 as presented by Mayor Legates, with the City Manager serving as Chairman.
Members: Councilmen James P. Muir and John B. Carson
Parks, Playgrounds and Trees Committee
The following Councilmen and citizens were unanimously approved to serve on the Parks, Playgrounds and Trees Committee for the year 1978, as presented by Mayor Legates:
Chairman: James C. Hardcastle
Members: Councilmen Francis R. Weyandt and Fred B. Carey, Sr.
Others: Mrs. Martha Miller and Mr. Theodore Ressler
Safety Advisory Committee
The following Councilmen were unanimously approved to serve on the Safety Advisory Committee for the year 1978 as presented by Mayor Legates:
Chairman: James C. Hardcastle
Members: Councilmen Francis R. Weyandt and Fred B. Carey, Sr.
Utility Committee
The following Councilmen and citizen member were unanimously approved to serve on the Utility Committee for the year 1978 as presented by Mayor Legates:
Chairman: Robert D. Bewick, Jr.
Members: Councilmen John B. Carson and Joseph M. McDonough
Others: Irvin Levitt
Wage & Hours, Legislative and Finance Committee
The following Councilmen were unanimously approved to serve on the Wage & Hours, Legislative and Finance Committee for the year 1978, as presented by Mayor Legates:
Chairman: James P. Muir
Members: Councilmen Joseph M. McDonough and Charles L. Witt
City of Dover Pension Board
Mr. Hardcastle moved to nominate Councilman L. Witt to serve on the City of Dover Pension Board for the year 1978. The motion was seconded by Mr. Muir. Mr. Hardcastle moved that the nominations be closed, seconded by Mr. McDonough, and Mr. Charles L. Witt was unanimously approved to serve on the Board.
Planning Commission Appointments - Three Year Terms
Mayor Legates presented the names of A. Barratt Cullen, Gilbert Shank and Mrs. Sarah Hastings to serve three year terms on the City of Dover Planning Commission. Mr. Muir moved for approval of the members as presented, seconded by Mr. Hardcastle and unanimously carried.
AUDIT REPORT - FISCAL YEAR 1976-77
General Fund
Mayor Legates requested Council action on the Audit Report for fiscal year 1976-77, which was reviewed by all Councilmen prior to the meeting.
The Audit Report, General Fund, was unanimously approved by a roll call vote on motion of Mr. Muir, seconded by Mr. Weyandt.
Mr. William Manter, Auditor, was present and commented that the City has shown tremendous progress as reflected by the fiscal year report for 1976-77.
Electric Fund Audit - 1976-77
The Electric Fund Audit Report for fiscal year 1976-77 was unanimously approved by a roll call vote on motion of Mr. Muir, seconded by Mr. Weyandt.
NUMBER OF PERSONNEL AND SALARIES - DOVER POLICE DEPARTMENT
Mr. McDonough questioned the practice of Council approving the salaries and numbers of the Police Department prior to final approval of the coming fiscal year budget. He recommended a review of this policy to establish a date of approval of salaries and number of personnel more in conformity with final budget approval dates.
Chief Spence stated that the total personnel of the department now stands at 53, with approval of 55.
Mr. Carey moved for approval of the present police salaries and a total personnel of 55, seconded by Mr. McDonough and unanimous carried.
FEDERAL GRANT APPLICATION RESOLUTION - NEW STREET FIELD LIGHTING
Council reviewed a resolution which would authorize Mayor Legates to apply for a Federal grant for the purpose of lighting the New Street softball field. The resolution also authorized Mayor Legates to designate Don S. Knox, Recreation Director, as the official representative of the City of Dover to act in connection with the application.
Mr. Weyandt moved for approval of the resolution as described above, seconded by Mr. Bewick and unanimously carried.
RESOLUTION - RELOCATION OF STATE OFFICES
Council discussed a resolution directed to the leaders of both Houses and to the Governor of the State of Delaware, said resolution opposing the shifting of any major State offices from the City.
Mr. Weyandt moved for approval, seconded by Mr. Hardcastle, and Council by a unanimous roll call vote, adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover are concerned that major State offices may be moved from the City of Dover to the City of Wilmington; and
WHEREAS, it is important to the economy of the City of Dover and its residents that major State offices remain in Dover where they have been historically located in the past; and
WHEREAS, to remove any major State offices from the City of Dover would be detrimental to the economy to the City of Dover and to residents of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Mayor and Council of the City of Dover formally oppose the removal of any major State offices from the City of Dover and formally request that no such removal take place at any time in the future.
ADOPTED FEBRUARY 13, 1978
RESOLUTION - HOUSE BILL #706 - STATEWIDE PROPERTY TAX
By motion of Mr. Weyandt, seconded by Mr. Witt, Council by a unanimous roll call vote, approved the following resolution and directed that copies be sent to the Governor of the State of Delaware and the leaders of both Houses.
WHEREAS, House Bill No. 706 purports to establish a state-wide property tax to finance public education in the State of Delaware; and
WHEREAS, the Mayor and Council of the City of Dover oppose the passage of this bill.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council of the City of Dover opposed the passage by the House of Representatives of the 129th General Assembly of House Bill No. 706 for reasons stated in this Resolution.
2. Currently school taxes are handled by each local school board based upon the needs of each school district. The needs of each school district are not the same and they vary greatly throughout the state. It is impossible to have a state-wide school tax which will satisfy the needs of each individual district. Taxation must be handled be each local board based upon the needs of each individual district. A taxpayer should be required to pay taxes sufficient to cover the expenses of his own school district. It is unfair for a taxpayer to be required to pay a higher rate of tax simply because the needs of another school district may be greater than the expenses of his own district. Most taxpayers take pride in the schools in their own district and they are more prone to vote in favor of a referendum increasing taxes to meet the needs of their own school district. Taxpayers will not have this same feeling where the referendum is on a state-wide basis.
3. In order to establish a state-wide real property tax to finance public education a very detailed statute would be required. House Bill No. 706 does not even purport to cover the many areas that such legislation would be required to cover. House Bill No. 706 is written so generally that it is impossible to be applied with any degree of certainty. Although House Bill No. 706 purports to repeal Chapter 19, Title 14 of the Delaware Code which allows the local school boards to set the tax rate for school expenditures it does not deal with Chapter 21, Title 14 of the Delaware Code which permits the local school boards to establish tax rates for bonded indebtedness and this should certainly be covered by any state-wide legislation.
4. It appears that House Bill No. 706 would be unconstitutional because it is discriminatory and denies taxpayers equal protection of the law.
ADOPTED FEBRUARY 13, 1978
RESOLUTION - HARRY C. McSHERRY
Mr. Weyandt moved for approval of the following resolution, seconded by Mr. Bewick, and carried by a roll call vote.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of Harry C. McSherry, the “dean of Delaware journalists” who departed this life on February 7, 1978; and
WHEREAS, Harry C. McSherry was active in civic affairs in Dover, among them being a Charter Member and First President of the Dover Rotary Club and an Honorary Member of the Robbins Hose Company. He was also the guiding force behind the establishment of the Kent County Vocational Technical School through constant newspaper articles and radio commentaries on its necessity in Kent County; and
WHEREAS, Harry C. McSherry has been a confidante to the present and past Mayors of Dover particularly in matter relating to the City Charter, since he was well versed in its contents and knew much of the rationale used in the makeup of the Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council express their regret at the death of Harry C. McSherry and extend their deepest sympathy to his wife and family.
2. That the Mayor and Council extend their appreciation to Harry C. McSherry for the many years spend informing Dover citizens on City affairs through his newspaper articles and for always having the City’s welfare at heart.
3. That the Mayor and Council of the City of Dover direct the City Clerk of the Council to make this Resolution a part of the permanent records of the City of Dover in recognition of the faithful and loyal efforts of Harry C. McSherry.
ADOPTED FEBRUARY 13, 1978
PROCLAMATION - BLACK HISTORY MONTH
The City Clerk read into the record the following Proclamation, by mayor Charles A. Legates, Jr.
WHEREAS, Black History Month, being observed during the month of February, has been celebrated for the past four years and has focused attention on the many contributions made by black people in this nation, and
WHEREAS, through the observance of Black History Month better community relations through education and understanding have been accomplished, and
WHEREAS, the City of Dover recognizes the fact that unemployment among black teenagers is abnormally high.
NOW, THEREFORE, I, CHARLES A. LEGATES, JR., MAYOR of the City of Dover, Delaware, do hereby proclaim the Month of February as BLACK HISTORY MONTH in Dover and will make every effort to reduce the high unemployment rate of black teenagers by urging all employers in Dover to hire these young people for summer employment during the upcoming season.
ANNUAL REPORTS
Chief of Police Annual Report
Replying to a question by Mr. Weyandt, Chief Spence stated that the increased arrests of juveniles is a nationwide trend, which is possibly due to unemployment and the fact that young adults are getting out on their own at an earlier age.
Mr. Weyandt moved for approval of the Chief of Police Report for the year 1977, seconded by Mr. Muir and unanimously carried.
Fire Marshal Annual Report
Mr. Bewick moved for acceptance of the Fire Marshal Report for the year 1977, seconded by Mr. Carey and unanimously carried.
Building Inspector Annual Report
Mr. Muir moved for approval of the Building Inspector’s Report for the year 1977, seconded by Mr. Carey and unanimously carried.
Mr. Bewick moved that the Inspector’s office make available, demerit points of restaurant establishments to the news media on a quarterly basis. The motion was seconded by Mr. Weyandt and unanimously carried.
Planner’s Annual Report
Mr. Weyandt moved for acceptance of the City Planner’s Report for the year 1977, seconded by mr. Carey and unanimously carried.
Fire Chief’s Annual Report
In relation to the Fire Chief’s Annual Report, Mr. Witt reported knowledge of fire hydrants on private property that are nonfunctional; specifically, one at the Ramada Inn.
Mr. Roe commented that this was a true statement but that the City has no ordinances to force activation of a hydrant on private property. However, he stated that he would make an attempt to discuss the matter with the management of the Ramada Inn and report back to Council.
Mr. Weyandt moved that Council authorize Mr. Roe to meet with the management of the Ramada and impress upon them the importance of the hydrant being operational. The motion was seconded by Mr. Bewick and unanimously carried.
Mr. Witt moved to accept the Annual Report for the Fire Chief for 1977 and refer the contents of said report to the Utility Committee for study. The motion was seconded by Mr. Weyandt and unanimously carried.
AMERICAN CANCER SOCIETY (DELAWARE DIVISION) FINANCIAL REPORT
Mr. Weyandt referred to a financial report submitted by Mr. Harold E. Remley, Treasurer of the American Cancer Society, Delaware Division, and moved that the report be accepted as submitted. The motion was seconded by Mr. Carey and unanimously carried.
DEDICATION OF MEADOW GARDEN LANE - THE HAMLET
Mr. Hodge reported that Meadow Garden Lane, in the Hamlet, has been found to meet all City specifications and recommended that the street be accepted by the City of Dover. Mr. Witt moved that the City Manager be authorized to accept Meadow Garden Lane into the street system of the City of Dover, seconded by Mr. Carey and approved by a unanimous roll call vote.
REZONING REQUEST - JOHN G. DAVIS - 319 WEST NORTH STREET
A request was received to rezone property located at 319 W. North Street, owned by John G. Davis, equitable owner is Richard L. Engle, for the purpose of constructing an office for a public accountant. Prior to amending the zoning map and zoning ordinance of the City of Dover, a public hearing is required.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council unanimously 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 OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 319 West North Street are presently zoned for RG-1 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
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 in City Hall on March 27, 1978 at 8:00 p.m. on a proposed amendment to the zoning map that would rezone from RG-1 to RG-0 that property located at 319 W. North Street, owned by John G. Davis.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED FEBRUARY 13, 1978
CORRESPONDENCE
Annexation Request - Ralph Jones 152 Mifflin Road
A request for consideration of annexation into the City of Dover was received from Ralph C. Jones for his property located at 152 Mifflin Road.
Mr. Bewick moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. McDonough and unanimously carried.
SNOW HAMPERING READING OF ELECTRIC METERS
The Acting City Manager reported that approximately 80% of the residential electric meters are not accessible for reading by personnel of the meter department. He stated that from 1,800 to 2,000 residences will receive estimated bills due to this inaccessibility caused by deep snow drifts. Through reporting in the news media, he requested that the press mention this fact for the benefit of all those who will be effected.
DOWNTOWN DOVER REVITALIZATION UPDATE
Before relinquishing the floor to Mr. Woods for an update on the Downtown Revitalization Program, Mayor Legates requested that the Director of Public Works extend his congratulations to the employees who did a fine job in clearing the streets within the City after the recent heavy snowfall.
Mr. Woods presented a preliminary sketch, showing a realignment of Kings Highway, where it intersects State Street and Loockerman Street Plaza. The proposed realignment would abandon the extreme south end of Kings Highway, allowing for a larger pedestrian passway in front of the Bank of Delaware. Mr. Woods stated that he has discussed the proposed plan with the Bank of Delaware, Wilmington Trust Bank, the Dinner Bell Inn and Mr. Dave King of the Dover Parking Authority.
If Council approves the concept of the plan, it will allow for finalization of drawing for the Downtown Revitalization, except for street lights. The results of the light intensity test for proposed street lighting will be reported to Council upon completion.
Mr. Bewick could only see a pedestrian advantage to the proposed reconstruction of the intersection and from a traffic viewpoint, the proposal would make a bad situation worse and therefore could see no reason to consider such a proposal.
Mr. McDonough moved that a public hearing be held on February 27, 1978 at 8:00 p.m. to consider proposed abandonment of that necessary portion of Kings Highway. The motion was seconded by Mr. Weyandt. By a vote of seven (7) yes, one (1) no - Mr. Bewick, the motion was carried and Council adopted the following resolution.
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A PORTION OF KINGS HIGHWAY LOCATED ON THE EXTREME SOUTHWEST END.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER:
Section 1. The Council of the City of Dover favors the vacating and abandonment of a portion of Kings Highway more precisely described in the following paragraphs, laid out upon a plot of Nicholas Loockerman lands, dated 1851, and recorded in the Office of the Recorder of Deeds, Kent County, Delaware, in Deed Record book B-4 back cover.
All that certain portion of the right-of-way of Kings Highway S.W. in the City of Dover Hundred, Kent County, Delaware lying at the junction of Kings Highway S.W. with South State Street, The Plaza, and Loockerman Street, and bounded on the west by the easterly line of South State Street; on the north by the remaining right-of-way of Kings Highway S.W.; Bank of Delaware, and by lands of “The Plaza” of the City of Dover; on the south by a portion of the remaining right-of-way of King Highway S.W., and being more particularly described as follows, to wit:
Beginning at a point in the extended easterly line of Kings Highway S.W., said point lying in the westerly line of “The Plaza” of The City of Dover and north of the westbound traffic lanes of “The Plaza”, and being located N 9o 30' E, 41.81' measured along the easterly line of State Street; thence, by a new line now established, a junction curve, curving to the right, having a radius of 16', its chord bearing N 58o 00' W, an arc distance of 25.13' to a point of tangency in the extended easterly line of State Street; thence, with the said line of State Street, N 13o 00' W, 53.51' to a point of curvature; thence, by a new line now established, the arc of a circle curving to the right, having a radius of 29', its chord bearing N 43o 15' E, an arc distance of 56.93' to a point of tangency; thence by a new line now established, S 80o 30' E, 14.59' to a point in the easterly line of Kings Highway S.W., being also line of lands of Bank of Delaware; thence, with the easterly line of Kings Highway S.W. as it abuts lands of Bank of Delaware and “The Plaza” S 9o 30' W, 98.19' to the point and place of beginning.
Containing 0.076 acres of land more or less.
Section 2. The Council of The City of Dover will sit on Monday, February 27, 1978 at 8:00 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).
Section 3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
ADOPTED FEBRUARY 13, 1978
Meeting Adjourned at 8:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of February 13, 1978, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
February 20, 1978
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