REGULAR MEETING
November 11, 1974
The Regular Meeting of City Council was held on Monday, November 11, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Biggs, Legates, Walls, Holpp, Hardcastle, Muir, Harris and Cullen.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the October 28, 1974, Council Meeting were questioned by Mr. Holpp relating to 69,000 volt rate increase. The minutes furnished to Council stated 6,900 volts. The City Clerk advised Mr. Holpp that the official minutes had been changed to read 69,000 volts. On motion of Mr. Hardcastle, seconded by Mr. Muir, the minutes of the October 28, 1974 meeting were accepted with the stipulation that the reference to voltage be changed to read 69,000 volts. The motion was carried and the minutes bore the written approval of Mayor Carroll.
COMMITTEE OF COMMITTEES REPORT
Chairman Legates, in presenting his written report, informed Council that the Committee had met four times in the past two weeks. After considering all aspects of the request by the Fraternal Order of Police and receiving input from the Mayor, Council members, the Chief of Police and the Solicitor, the Committee requested that the City Solicitor prepare a motion. Chairman Legates read the motion and stated that it was the recommendation of the Committee of Committees that said motion be adopted by Council. Chairman Legates requested to be excused from voting on this motion of recognition since this could be a possible conflict of interest based on his interpretation of Executive Order 11491 which addresses Labor-Management Relations at this place of employment and in his role as a management negotiator for the Federal Government. The motion read as follows:
The Mayor and Council of the City of Dover hereby agree to recognize the City of Dover Police Department for the purpose of discussing the issues to see if an understanding can be reached between the Mayor and Council of the City of Dover and the City of Dover Police Department concerning these issues.
For the purpose of entering into discussions concerning these issues the Mayor and Council of the City of Dover agree to recognize any group of persons designated by the City of Dover Police Department as the representative of the said Department so long as said persons are members of the City of Dover Police Department and designated by the Department as representatives of the same for the purpose of discussing these issues with he Mayor and Council of the City of Dover.
By taking this action the Mayor and Council of the City of Dover do not in any way agree to adopt the provisions of Chapter 13 of Title 19 of the Delaware Code and specifically reject the provisions of said Chapter by issuing this writing.
Mr. Legates moved that the above motion be adopted, seconded by Mr. Holpp. Mayor Carroll asked for discussion on the motion. Mr. Biggs asked for Mr. James’ view on the motion and if the City recognized the F.O.P. what could the City of Dover expect. Mr. Harris and Mr. James informed Mr. Biggs that the Fraternal Order of Police did not enter into the motion. Mr. Biggs withdrew.
Mr. Muir moved that the motion be amended by striking out Dover Police Department, wherever it appeared, and inset Fraternal Order of Police, Lodge #3. The motion was seconded by Mr. Cullen. Mayor Carroll declared the motion out of order and stated if Council were to insert Fraternal Order of Police in the motion, basically, they would be accepting the contents of Title 19. Mr. Muir, said he would rescind his motion but would like to make a motion after the vote on the original motion.
Mr. Biggs called for the question on the original motion as presented by Mr. Legates, seconded by Mr. Holpp. Council by a vote of five (5) yes and two (2) no, Messrs. Muir and Cullen, approved the adoption of the motion. Mr. Legates did not vote. Mayor Carroll declared the motion carried.
On motion of Mr. Harris, seconded by Mr. Holpp, Council accepted the report of the Committee of Committees.
DR. EUGENE McNINCH - 800 SOUTH BRADFORD STREET - OFFICE VARIANCE
A letter, received from Dr. Eugene McNinch, requested that Council consider changing the variance on this property at 800 South Bradford Street to read Dover Radiologist - McNinch Kaplan, P.A. Dr. McNinch pointed out concern on the part of the corporation in the event of his future retirement. Mayor Carroll recommended that this matter be referred to the City Solicitor and the Building Inspector for a report to Council on their recommendations. On motion of Mr. Legates, seconded by Mr. Biggs, Council approved the recommendation of Mayor Carroll.
JOSEPH McDONOUGH - VOTER REGISTRATION - VARIOUS LOCATIONS
A letter was received from Mr. Joseph McDonough requesting that the Council consider locating registration facilities at such places as the Blue Hen Mall, General Foods, Scott Paper, Rodney Village and Downtown Dover. Mr. McDonough asked that this be implemented as soon as possible since registration closes at the end of December. On motion of Mr. Hardcastle, seconded by Mr. Holpp, Council referred the matter to the Legislative and Finance Committee.
WESLEY COLLEGE REQUEST TO FINANCE DOVER HIGH BAND TRIP
A letter, received from Dr. Parker of Wesley College, requested that Council consider a contribution of $420.00 to the Dover High School Band. The funds are to be used to finance a band trip to Annapolis to play at a football game sponsored by the Tall Cedars of Lebanon of North America for the benefit of Muscular Dystrophy. The invitation was extended to Wesley College. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council approved the contribution of $420.00 to the Dover High School Band.
DOVER HOUSING AUTHORITY - REPORT ON DEL. 2-4
A letter was received from Iva Tazelaar, Executive Director of the Dover Housing Authority, informing Council that the annual payment on Del. 2-4 located on the Whiteoak Road in lieu of taxes is $1,656.00 amounted to approximately 1/10 of the actual assessment on Del. 2-4. On motion of Mr. Harris, seconded by Mr. Hardcastle, Council referred the matter to the City Assessor for clarification. A full report will be submitted by the City Assessor to Council on all projects of the Dover Housing Authority.
ROBBINS HOSE COMPANY - OFFICERS FOR YEAR 1975
A letter from Secretary Charles Boyer of the Robbins Hose Company informed Council that there was no contest in the slate of officers for the coming year of 1975. On motion of Mr. Walls, seconded by Mr. Biggs, Council acknowledged the following Chief Officers as submitted by the nominating committee.
CHIEF Kline G. Kemp, Jr.
DEPUTY CHIEF Edwin Baker, Jr.
1st ASST. CHIEF Carleton Carey
2nd ASST. CHIEF Charles H. Boyer
3rd ASST. CHIEF Jack LeCompte
DOVER KENT COUNTY Y.M.C.A. - APPRECIATION OF JOB’S PROGRAM GRANT
A letter from Mr. Ted Ressler expressed thanks in behalf of the Y.M.C.A. for a grant of money by Council for their JOB’s Program. On motion of Mr. Walls, seconded by Mr. Hardcastle, Council acknowledged receipt of the letter.
SYL STORTINI - CAMPAIGN HEADQUARTERS - TRAILER REQUEST
A letter, from Mr. Syl Stortini, requested permission to locate a trailer on a vacant lot at Walker Road and the entrance to Woodcrest Development to use as a campaign headquarters. On motion of Mr. Legates, seconded by Mr. Cullen, Council approved the request as presented.
ACTIVATION OF PLUMBING CODE COMMITTEE
Mr. James informed Council that in researching the ordinance pertaining to the Plumbing Code Appeals Committee he found that the City Manager is designated as the Chairman with two Councilmen as members. At the annual meeting three Councilmen were appointed. Mr. James brought this before Council with the thought that they could change the present committee to comply with that portion of the Plumbing Code.
Mayor Carroll proposed that the City Manager be designated as the Chairman of the Plumbing Code*Committee and the two senior Councilmen, Mr. Biggs and Mr. Legates, become members. On motion of Mr. Hardcastle, seconded by Mr. Walls, Council accepted the proposal as presented. (* insert Appeals)
WILLIAM H. HURLEY - REQUEST FOR DEMOLITION - 408 SOUTH NEW STREET
Mr. William Hurley addressed Council explaining that he would be unable to comply with an order to demolish his property at 408 South New Street. The contractor engaged by Mr. Hurley sustained injuries that will delay the demolition for at least thirty (30) days.
Mayor Carroll asked Mr. Roe if this would present any problems to his office. Mr. Roe replied in the negative explaining that the compliance date was set for 5:00 P.M. on the last meeting date in November of a regular Council Meeting. Public hearings would be set the first regular Council Meeting in December and then 10 days is given to comply.
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council extended Mr. Hurley’s compliance date thirty (30) days.
MR. JAMES - UNDERGROUND WATER SUPPLY STUDY
In addressing Council, Mr. James stated that the City of Dover had been approached by the Department of Natural Resources and Environmental Control and by the Delaware Geologic Survey and U. S. Geologic Survey. The City was asked to participate in the amount of $6,000.00 for the purpose of making a study of the underground water supply in the aquifer presently used by the City. The State, County and Federal Governments will be participating in this project. He felt this study would benefit the City of Dover. The money is available in a Water Bond Fund. On motion of Mr. Harris, seconded by Mr. Cullen, Council by unanimous roll call vote authorized an expenditure of $6,000.00 for the study.
Mr. Roe requested an Executive Session with Council and the Solicitor to review certain legal procedures concerning the Subdivision Regulations and Zoning Ordinances as amended by Kling Associates. Council granted Mr. Roe’s request and agreed to meet in Executive Session after adjournment.
Mr. James requested one week vacation beginning November 26, which was granted by Council.
Mr. Legates informed Council and Mr. Fetterman that the ordinance on stray cats was being prepared and would be presented to Council at the next meeting of November 25, 1974.
Meeting Adjourned at 8:30 P.M.
An Executive Session convened at 8:40 P.M. and adjourned at 9:00 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of November 11, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
November 15, 1974