REGULAR MEETING
October 28, 1974
The Regular Meeting of City Council was held on Monday, October 28, 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 regular meeting of City Council held on October 14, 1974, were accepted and bore the written approval of Mayor Carroll.
CITY OF DOVER POLICE DEPARTMENT - RECOGNITION OF F.O.P. #3
At this point Councilman Legates requested that the regular order of business be suspended to allow a letter from the Fraternal Order of Police, Kent County Lodge #3, to be read and brought up for discussion on the floor.
The City Clerk presented the letter to Council which asked that the Fraternal Order of Police be recognized by the City of Dover as a bargaining agent for the City of Dover Police. In addition that the City of Dover Police be permitted to work under a contract negotiated by the Fraternal Order of Police, Kent County Lodge #3.
Councilman Harris stated his desire to address Council with some comments in relation to the action he felt should be taken concerning the request from the F.O.P. It was Mr. Harris’ opinion that if the request was accepted it would mean an entirely new concept of City government in relation to all of the employees in the City and has ramifications beyond the immediate desires of the Police Department. He felt that any action on the part of Council to either reject or accept the request made in the letter would be an action taken in haste and one which deserves considerable more consideration. Mr. Harris asked that Council direct the Committee of Committees to take the matter under advisement, make an in depth study, determine the grievances and the problems that exist. He stated that he felt it was a matter of record that Council had attempted to give consideration to the police in all their requests and he desired to consider this request further. He felt that this matter should have further study with input throughout the department ranks and that any other approach would be ill advised.
Mr. Harris made a motion, seconded by Mr. Holpp, that the matter be referred to the Committee of Committees and that they present a report to Council with their recommendation not later than the second Council Meeting of November and sooner if possible.
Under discussion, Mr. Muir stated his desire to settle the matter immediately. In his opinion the Fraternal Order of Police, Kent County Lodge #3 should be recognized.
Mr. Hardcastle requested a ten minute recess be called to enable Council to have an Executive Session and receive more input on the request.
Mr. Harris agreed that more input was desirable but felt that it should be heard on the Council floor.
Mr. Walls asked if Council had the right, under the present City Charter, to negotiate with the F.O.P.
Mr. Rodriguez explained that the F.O.P., as he understood, was seeking recognition under the State Collection Bargaining Act which applies to all state employees. This does not apply to municipalities unless the governing body (Council) elected to do so and this would require a majority vote of Council. If Council voted to accept the State Bargaining Act it would not only apply to the Police Department but all City of Dover employees.
Mr. Legates then read Chapter 13 of the law titled “The Right of Public Employees to Organize.”
Mr. Cullen asked if it would be possible to have a report from Mr. Legates’ committee by the next Council Meeting. Mr. Legates answered affirmatively.
Mr. Hardcastle called for a question on the motion and Council by a roll call vote of seven (7) yes and one (1) no, Mr. Biggs, referred the matter to the Committee of Committees.
REPORTS
Chief of Police Report for the month of September was accepted.
Building Inspector and Fire Marshal Report for month of September was accepted.
City Planner Report for month of September was accepted.
City Alderman Report for month of September was accepted and fines in the amount of $540.00 remitted.
Cash Receipts, General Fund, for month of September was accepted.
Budget Report, General Fund, for month of August was accepted.
Mr. Holpp questioned the delay of the budget report for the month of September. Mr. James replied that the audit was still being conducted and was the reason for the delay in the report.
Cash Receipts, Electric Revenue Fund, for the month of September was accepted.
Cash Receipts, Electric Improvement Fund, for the month of September was accepted.
City Manager’s Report for the month of September were accepted.
DELMARVA POWER AND LIGHT INCREASE FOR 69KV CUSTOMERS
Mr. James addressed Council concerning the rate increase obtained by the Delmarva Power and Light Company from the Federal Power Commission. The original request was turned down due to incorrect filing and all indications were that the corrected filing would also be turned down. Mr. James was made aware of the decision of the Federal Power Commission, first by the press and then by the letter received from the commission. The increase is to be twenty-five percent (25%) which will be passed onto the customer. The customers concerned, General Foods, Scott Paper, Dover Air Base and the City of Dover itself, have been notified in writing of the increase. Mr. James stressed that this increase in no way affects the residential and commercial customers of the City of Dover Electric. A resolution was drawn up and Mr. James requested that Council adopt this resolution immediately since any delay would cause the City to absorb the increased costs until the rates were amended. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council by unanimous roll call vote adopted the following resolution.
WHEREAS, the City of Dover has just received notification that the Federal Power Commission approved a rate increase for Delmarva Power Company, effective October 26, 1974, and
WHEREAS, this change in rates by Delmarva Power Company will automatically necessitate a change in the rates of the City of Dover concerning the Transmission Voltage Service Classification for 69,000 volt service.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, that due to the increase in rates for Delmarva Power Company approved by the Federal Power Commission effective October 26, 1974 the Transmission Voltage Service Classification for 69,000 volt service is hereby amended to reflect the increase in rates effective October 26, 1974 and the City Manager is directed to compute said increase and notify the users accordingly.
ADOPTED OCTOBER 28, 1974
J. P. COURT #7 REPORT
A report for the month of September from J. P. Court #7 was presented. A check in the amount of $7,121.27 was received with deferred payments as of September 31, 1974, being $33,219.98. On motion of Mr. Biggs, seconded by Mr. Walls, Council accepted the report as submitted.
LEGISLATIVE AND FINANCE COMMITTEE
A written report of the Legislative and Finance Committee meeting of October 23, 1974, was presented by Chairman Legates.
STRAY CATS ORDINANCE
The Committee reported that the City Solicitor had obtained a general ordinance for animals from NIMLO and has been instructed to modify it to include domestic animals and swine. This will be presented at a later date to Council for their consideration as a substitute for the present ordinance.
TOWN CRIER - ELECTION INFORMATION
A request was received from Mr. Kurt Fetterman that information pertaining to the City of Dover’s Election and registration system be circulated in pamphlet form. It is the recommendation of the Committee that the City Clerk’s Office compile informative material concerning the election and registration system to be included in the forthcoming quarterly issue of the Town Crier. On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the recommendation of the Legislative and Finance Committee for this information to appear in the Town Crier.
ADDITIONAL REGISTRATION DATES
On motion of Mr. Hardcastle, seconded by Mr. Holpp, Council accepted the recommendation of the Legislative and Finance Committee that beginning November 16, 1974 and each Saturday until and including December 14, 1974, City Hall will be open from 9:00 A.M. to 1:00 P.M. for registration only. These dates and times will be advertised as required and included in the Town Crier.
GLANDEN TRAILER PERMIT REFUND
Mr. Dawson Glanden obtained a trailer license for lot 249, Dover East Mobile Park and approximately one week later the trailer was destroyed by fire. He has requested that this license fee be refunded. It is the recommendation of the Legislative and Finance Committee that the law does not seconded by Mr. Biggs, Council accepted the recommendation of the Committee and denied the rebate of the license fee to Mr. Glanden.
On motion of Mr. Walls, seconded by Mr. Holpp, Council accepted the report of the Legislative and Finance Committee as submitted.
LEAGUE OF WOMEN VOTERS
A letter was received from the League of Women Voters thanking the Council for the use of the Council Chambers on October 17th for the Forum on Practical Politics. It also thanked the Councilmen and City staff members that participated in the forum. It was motioned and carried that Council acknowledged receipt of the letter.
PLUMBING CODE - USE OF PLASTIC PIPING
A request was received from Mr. Kurt Fetterman that Council consider amending the Plumbing Code to include the acceptance of plastic piping. On motion of Mr. Legates, seconded by Mr. Hardcastle, Council referred this matter to the Plumbing Code Committee.
JIM SOLES RALLY
A request was received from Mr. John M. Swain, Kent County Coordinator, for permission to use The Green for a “Kent County Democrats for Jim Soles Rally” to be held on November 2, 1974, at 8:00 P.M. On motion of Mr. Legates, seconded by Mr. Biggs, Council granted permission for this rally with the stipulation that all activities be coordinated with the City Manager, Chief of Police and Building Inspector.
PARK AREA INVITATION
An invitation was received from Mr. Frank J. Gentile, Jr., attorney for the owners of 220 acres of farm land located on both sides of the Dover Leipsic Road contiguous to the City of Dover, to buy this property. On motion of Mr. Hardcastle, seconded by Mr. Biggs, Council referred this matter to the Parks, Playgrounds and Trees Committee for their study and recommendations.
DRUG ABUSE CONTROL
A request for a representative from the City of Dover to attend the first meeting of the Technical Coordinating Committee was received. This committee will be instrumental in developing a comprehensive and coordinated State Plan for Drug Abuse Treatment and Prevention. They also requested that the representative appointed have concern and capability in the area of drug abuse. On motion of Mr. Harris, seconded by Mr. Muir, Council referred this matter to the Chief of Police for his action.
MORRIS ESTATES I & II PARKING
The City Clerk advised Council that an ordinance restricting parking on one side of the streets in Morris Estates I & II had been received from the City Solicitor. Copies will be mailed to each Councilman for their study and action at a later date.
POLICE SALE
On motion of Mr. Hardcastle, seconded by Mr. Muir, Council adopted the following ordinance concerning the unclaimed evidence, lost and found articles, confiscated articles and any other items of personal property held by the Police Department for more than one year.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Dover Municipal Code shall be and the same hereby is amended by adding a new section to be known as Section 2.44.1 which said section shall read as follows:
“Sec. 2.44.1 Sale of property by the police force. The Chief of Police shall have the authority to hold a sale of personal property held by the Department for a period in excess of one (1) year, which said personal property shall be unclaimed evidence, lost and found articles, and an other items of personal property which have come into the hands of the members of the Department and have been held for a period of one (1) year, the owner or owners of the same being unknown or said property having been unclaimed. The Chief of Police shall cause to be sold the said property at a public auction to be held on the premises of the Police Force and to be advertised by publishing notice of said sale in one issue of a newspaper circulated in the City of Dover at least ten (10) days before the date of said sale, which said notice shall merely stated that a sale of unclaimed personal property shall be held by the Police Department giving the date, time and place of said sale without specifying and of the items to be sold. The proceeds of said sale shall be retained by the Police Department to be used solely for Pensions of the Police Department.
ADOPTED OCTOBER 28, 1974
MR. JAMES - REQUEST FOR EXECUTIVE SESSION
Mr. James requested that at the termination of the Council Meeting an executive session be called so that certain litigation concerning the City can be discussed. Mayor Carroll stated that being no objections were received, a session would be called at adjournment.
DELINQUENT TAXES
Mr. Hayes, City Assessor, presented Council with a list of all delinquent taxes. This record will be kept up to date from now on and it will be up to the City as to how these delinquencies are collected.
COUNCIL ADJOURNED AT 8:30 P.M.
An Executive Session convened at 8:30 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 October 28, 1974, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
October 29, 1974