ANNUAL ORGANIZATIONAL MEETING
February 12, 1973
The Annual Organizational Meeting of City Council was held on Monday, February 12, 1973 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs Biggs, Harris, Hayes, Holmes, Holpp, Legates, Muir and Walls.
The invocation was said by Rev. J. H. Williams of the Union Baptist Church.
The Honorable Roger Kelsey, Judge of the Family Court administered the Oath of Office to the following recently elected members of Council for a two year term.
FIRST DISTRICT Alfred S. Biggs
SECOND DISTRICT Charles A. Legates
THIRD DISTRICT Carleton Walls
FOURTH DISTRICT Victor E. Holpp
STATE OF THE CITY MESSAGE
Mayor Carroll delivered the State of the City Message at this time expressing his appreciation for the progress of the City of Dover in the past year and outlined some of the major projects that he would like undertaken in the near future. He thanked the Council, Staff and citizens of Dover for their past support and asked for their continued support in the near future and years to come.
Following a short recess, Council reconvened at 8:15 P.M.
ELECTION OF OFFICERS
On motion of Mr. Biggs, seconded by Mr. Holpp, Councilman Hayes was elected Vice-Mayor for the year of 1973.
On motion of Mr. Hayes, seconded by Mr. Walls, Jay R. Dougherty was reelected City Clerk and City Treasurer.
On motion of Mr. Hayes, seconded by Mr. Walls, Jay R. Dougherty was reelected City Alderman.
On motion of Mr. Holmes, seconded by Mr. Walls, Nicholas H. Rodriguez was reelected City Solicitor.
COMMITTEE APPOINTMENTS
On motion of Mr. Walls, seconded by Mr. Biggs, Council confirmed the following Committee assignments as recommended by Mayor Carroll.
BUILDING, HOUSING & PLUMBING CODE COMMITTEE: Chairman Biggs, Hayes and Legates.
COMMITTEE OF COMMITTEES: Chairman Hayes, Biggs, Holpp, Walls and Mayor Carroll.
PARKS, PLAYGROUNDS & TREES COMMITTEE: Chairman Walls, Harris, Holmes, Mr. Patrick Knight and Mr. James Hardcastle.
SAFETY ADVISORY COMMITTEE: Chairman Walls, Harris and Holmes
UTILITY COMMITTEE: Chairman Holpp, Biggs, Muir and Mayor Carroll
WAGES & HOURS, LEGISLATIVE & FINANCE COMMITTEE: Chairman Hayes, Biggs and Legates
CITY OF DOVER PENSION BOARDS: Councilman Walls
MINUTES
The minutes of the regular meeting of City Council held on January 22, 1973 were accepted and bore the written approval of Mayor Carroll.
The minutes of the special meeting of City Council held on February 8, 1973 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Chief of Police report for the month of January was accepted.
Building Inspector & Fire Marshal report for the month of January was accepted.
City Planner report for the month of January was accepted.
Alderman report for month of January was accepted, fines in amount of $644.00 were remitted.
Cash Receipts, General Fund, for month of January were accepted.
Budget Report, General Fund, for month of December was accepted.
Cash Receipts, Electric Revenue Fund, for month of January were accepted.
Cash Receipts, Electric Improvement Fund, for month of January were accepted.
City Manager report for the month of January was accepted.
LEGISLATIVE & FINANCE COMMITTEE
A written report of the Legislative & Finance Committee meeting held on February 6, 1973 was presented by Chairman Hayes. On motion of Mr. Holmes, seconded by Mr. Biggs, Council accepted the report as presented.
SEN. MURPHY ANNEXATION BILL
A bill has been presented to the State Legislature by Sen. William Murphy concerning annexations to various municipalities. After reading and discussing the bill, the Legislative & Finance Committee recommends that Council go on record as opposing this bill. On motion of Mr. Holpp, seconded by Mr. Muir, Council directed that the City be placed on record as opposing Sen. Murphy’s bill presently before the State Legislature on annexation procedures and policies.
COUNCIL EMPLOYEES VACATION REQUESTS
On motion of Mr. Walls, seconded by Mr. Holmes, Council approved the recommendation of the Legislative & Finance, Wages & Hours Committee that effective this date all Council employees who anticipate vacation shall give the Council at least 15 days written notice of their anticipation of vacation.
EMPLOYEES SICK LEAVE - RETIREMENT BENEFITS
A recommendation has been received from the Wages & Hours Committee that would permit a person going on retirement from the City of Dover to allocate all their accumulated sick time and vacation time toward their pension. In the past, no sick leave has been permitted to be used to calculating pension benefits or allowable that the employee be permitted to take such sick time. The recommendation of the Committee is that person nearing retirement shall be allowed to take advantage of the accumulated sick leave and vacation time and stop work that many days in advantage of the accumulated sick leave and vacation time and stop work that many days in advance of their retirement date, this time to be paid at the normal rate of pay. All fringe benefits will cease on the date that the employee goes on sick leave and/or vacation. The accumulating of sick leave and vacation will still remain as set in the prior personnel policy and no waivers of maximum amounts as set out shall be intended by this recommendation.
COMMITTEE OF COMMITTEES
A written report of the Committee of Committees meeting that was held on February 7, 1973 was presented by Chairman Hayes. On motion of Mr. Legates, seconded by Mr. Walls, Council accepted the report as presented.
PLANNING CONSULTANT
The Committee of Committees has recommended the employment of Mr. Jesse Nalle of Annapolis, Maryland as a Planning Consultant for the City of Dover. Mr. Nalle is presently the Planner of the City of Annapolis. Mr. Nalle will be employed as a consultant in planning with the fees set out in his Memorandum of Agreement dated December 27, 1972. On motion of Mr. Holpp, seconded by Mr. Muir, Council by unanimous roll call vote approved the recommendation of the Committee of Committees and employed the services of Mr. Jesse Nalle as Planning Consultant.
MAYOR OUT-OF-POCKET EXPENSES
The Committee of Committees has recommended that an annual appropriation be made to the budget that would allow up to $1500 to be allocated to the Mayor for out-of-pocket expenses incurred in his performance of the duties of the office of the Mayor of the City of Dover. It was further recommended that the City Manager transfer the necessary funds from the current year’s budget within the limitations to reimburse the Mayor for his expenses already incurred during this budget year. On motion of Mr. Legates, seconded by Mr. Muir, Council approved the abovementioned recommendations of the Committee of Committees, appropriating the necessary monies.
CENTRAL DOVER BUSINESS ASSOCIATION SIGNS
A letter was received from the Central Dover Business Association in response to the request of the City Manager concerning the “Business District” signs they wish to erect at the various entrances to the City of Dover. These signs will be approximately 18" x 12" in size and will be inscribed with the words “BUSINESS DISTRICT”. These signs will be placed at several locations on U.S. Route 13 denoting the direction to the business district. On motion of Mr. Legates, seconded by Mr. Harris, Council approved the erection of these signs with the erection being handled through the City Manager’s department.
RING ROAD - BYPASS RESOLUTION
On motion of Mr. Harris, seconded by Mr. Biggs, Council adopted by unanimous roll call vote the following resolution.
WHEREAS, the traffic situation in the City of Dover on U.S. Route 13 and U.S. Route 113 has presented major problems to the City of Dover in the past; and
WHEREAS, unless a relief route is constructed in the near future, this problem will be intensified to the point where it will become dangerous and hazardous to persons traveling on these highways; and
WHEREAS, the City of Dover has gone on record in the passe as favoring a ring road around the City of Dover and the West Dover Bypass to alleviate the traffic problems.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council hereby go on record as recommending a ring road to be constructed around the City limits of the City of Dover and the West Dover Bypass to bypass traffic from Route 113 and 13.
2. That the Mayor and Council of the City of Dover hereby urge the General Assembly and the Department of Highways and Transportation to proceed with all due speed toward the planning and construction of the ring road and the West Dover Bypass so that the traffic problem can be alleviated and so that the City of Dover can plan its future growth in accordance with the location of said road and bypass.
ADOPTED FEBRUARY 12, 1973
AIRPORT RESOLUTION - JOINT AGREEMENT
On motion of Mr. Hayes, seconded by Mr. Harris, Council by unanimous roll call vote adopted the following resolution to be presented to the Kent County Levy Court in conjunction with a joint use agreement between the County and the Air Force Base.
WHEREAS, the Levy Court for Kent County and the United States Air Force are considering a joint use agreement for the Dover Air Force Base; and
WHEREAS, the City of Dover is vitally interested in participating in this agreement and working out the terms on the same since this government will be profoundly effected by such an agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Mayor and Council hereby go on record as supporting the contents of a letter written to the Levy Court by the Mayor dated February 5, 1973.
2. That the Mayor and Council hereby request a joint meeting between the members of the Levy Court and the Mayor and Council to consider a joint use agreement for the airport before any such joint use agreement is signed.
ADOPTED FEBRUARY 12, 1973
COUNTY SEWER LINE RESOLUTION
On motion of Mr. Harris, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following resolution to be presented to the Kent County Levy Court in conjunction with the County sewer line and the establishment of an Advisory Board.
WHEREAS, the Kent County Levy Court and the City of Dover have entered into an agreement concerning the County sewer; and
WHEREAS, the agreement was supposed to provide for the establishment of an advisory board for the Kent County Sewer System; and
WHEREAS, no such advisory board has been established to date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. That the Mayor and Council hereby go on record as requesting the Levy Court to establish as advisory board for the County Sewer System as was supposed to be provided for in the agreement.
ADOPTED FEBRUARY 12, 1973
TAX RELIEF RESOLUTION
On motion of Mr. Harris, seconded by Mr. Hayes, Council by a roll call unanimous vote adopted the following resolution pertaining to a taxpayer’s suit to be filed against the Levy Court of Kent County.
WHEREAS, the City of Dover has for a number of years asked the Kent County Levy Court to provide tax relief for residents of the City of Dover from County taxes where the City of Dover furnishes services similar to those services that will be furnished by Kent County; and
WHEREAS, no tax relief has been provided by the Kent County Levy Court and it appears as though the Levy Court does not plan to take any action to plan tax relief in the future; and
WHEREAS, New Castle County operates under a local service function budget whereby tax relief is provided for residents of cities where similar services are furnished in the city to its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council hereby go on record as again requesting tax relief for the citizens of the City of Dover from Kent County taxes in accordance with services furnished the residents of the City of Dover by the City.
2. In the event that the Levy Court does not see fit to provide tax relief for the residents of the City of Dover or to show to the City of Dover that it plans to provide such tax relief in the near future, the City Solicitor is hereby requested to file a taxpayer’s suit against the County and the Levy Court in order to obtain such tax relief.
ADOPTED FEBRUARY 12, 1973
DOVER HERITAGE TRAIL
A letter was received from the Department of Community Affairs and Economic Development thanking the City of Dover for their financial participation in the printing of the pamphlet, Dover Heritage Trial. On motion of Mr. Harris, seconded by Mr. Legates, receipt was acknowledged of this aforementioned letter.
J. SUTTON MYERS LETTER
A letter was received from Mr. J. Sutton Myers requesting the Council to consider the possible salvage of some of the paneling or other decorative articles in the old City Hall that might be incorporated in the new City Hall, in lieu of the fact that the City has decided to demolish this building. On motion of Mr. Legates, seconded by Mr. Biggs, Council directed that the City Manager contact Mr. Myers and so inform him of the City’s intentions of doing just this with areas of the second floor in the new structure.
WESLEY CHURCH APPRECIATION LETTER
A letter was received from Wesley Methodist Church expressing their appreciation to the City of Dover and the Council for it’s consideration of allowing the church to salvage the air-conditioning unit from the old City Hall prior to its demolition. Council acknowledged receipt of this letter at this time.
ELJIM AGENCY REQUEST
A letter was received from Mr. James G. Maloney, owner of the Eljim Insurance Agency which owns a piece of property located on the southwest corner of South New Street and Bank Lane. This property was at the time of the enactment of the Zoning Ordinance in November, 1961, being used as a warehouse by the local news agency. This was at that time a non-conforming use, but would be permitted for twenty years providing there was no interruption in the continuity of use of this property. The property was not used from 1971, September through December 1972 for this purpose. Then in December 1972, Mr. Maloney was informed that the rental of this property for a newspaper distribution point again would not be permitted as a non-conforming use. Mr. Maloney is appealing to Council for permission to use this property as a non-conforming use from January 1, 1973 through December 31, 1973. On motion of Mr. Hayes, seconded by Mr. Muir, Council by unanimous roll call vote approved the request of Mr. Maloney for use of the property on the southwest corner of Bank Lane and New Street as a newspaper distribution point, a non-conforming use, for the year of 1973, this permission to expire as of midnight, December 31, 1973.
NAACP - WILBERT COOPER, PRES.
A letter was received from Mr. Wilbert Cooper, President of the local chapter of the NAACP, in regard to the money received from the Federal Government under the State and Local Assistance Act of 1972, (Revenue Sharing). He noted that the NAACP is aware of the non-discrimination provisions of the act and that he wanted to sit in on the meetings that decided where the funds would be allocated and how much. Mayor Carroll informed Mr. Cooper, who was in attendance, that the money was presently invested and that determination at this time had not been made as to when or where the money would be spent. This would be done in the near future. Mr. DeWitt Peterkin, a resident at 133 Roosevelt Avenue, addressed Council at this time and stated that he felt that the money that would be requested from these funds by the NAACP, should be granted to them for their use. Mr. James Washington was also present and addressed Council and stated that he too would like to see consideration given to allowing some of these funds to be funneled to the NAACP. On motion of Mr. Holpp, seconded by Mr. Hayes, Council acknowledged receipt of this letter.
DELMARVA ADVISORY COUNCIL
A letter was received from the Delmarva Advisory Council stating that their membership on the Council has been expanded and now includes as invitation for membership to all growth centers of which the City of Dover is one. This was an invitation to the City of Dover to designate and official to participate in the Delmarva Advisory Council. Mayor Carroll stated at this time that receipt would be acknowledged and that he would participate on behalf of the City of Dover, if and when time permitted him to do so.
FIRE CHIEF’S REPORT FOR YEAR OF 1972
The Fire Chief’s report for the year 1972 was presented to Council at this time. Contained in this report was a request for money to update the Alarm Room at the fire house. Mr. James, City Manager, stated that this request would be formally submitted by the Fire Chief in the form of a letter in the near future, outlining the specific request for the money to be added to the Fire Department budget. On motion of Mr. Hayes, seconded by Mr. Muir, Council directed that upon receipt of the aforementioned letter, it be forwarded to the Legislative & Finance Committee for their study and recommendations.
COUNCIL ADJOURNED AT 9:45 P.M.
JAY R. DOUGHERTY
CITY CLERK
All orders, ordinances and resolutions adopted by City Council at its meeting of February 12, 1973 are hereby approved.
CRAWFORD J. CARROLL
MAYOR
FEBRUARY 13, 1973