COUNCIL ANNUAL ORGANIZATIONAL MEETING
February 14, 1977
The Annual Organizational Meeting of Council was held on February 14, 1977 at 7:30 P.M. with Mayor Legates presiding. Members present were Messrs. McDonough, Weyandt, Muir, Hardcastle, Witt, Carson and Bewick. Councilman Perman was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
APPOINTMENT - COUNCIL CHAPLAIN
Mayor Legates submitted the name of Reverend J.H. Williams to serve as Council Chaplain for the year 1977.
By motion of Mr. Hardcastle, seconded by Mr. Muir, the appointment was unanimously approved.
EXECUTIVE SESSION
Mayor Legates requested an Executive Session immediately following the Regular Council Meeting, to discuss personnel matters and received approval for same to be added as, Agenda Item #17.
OATH OF OFFICE - ELECTED COUNCILMEN
The Honorable William G. Bush III Judge of the Superior Court, administered the Oath of Office to the following elected Councilmen for the year 1977.
Councilman - First District - Joseph M. McDonough
Councilman - Second District - Francis R. Weyandt
Councilman - Third District - Charles L. Witt
Councilman - Fourth District - Fred B. Carey, Sr.
Mayor Legates extended congratulations to the aforementioned Councilmen, especially Mr. Carey, who will be serving his first year.
RESOLUTION - DAVID L. PERMAN
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council, by a unanimous roll call vote, adopted the following resolution.
WHEREAS, David L. Perman has served as a Councilman for the City of Dover from February 10, 1975 to February 14, 1977; and
WHEREAS, David L. Perman was a member of the Utility Committee for the years 1975 and 1976 and served as Chairman of said Committee from December 6, 1976 to February 14, 1977. He also served on the Building Code Appeals Committee and the Building, Housing and Plumbing Code Committee for the year 1976; and
WHEREAS, David L. Perman has devoted his time and attention to these important functions to the benefit of the residents of the City of Dover and has severed well in his capacity as a member of Council, as a member of the various committees on which he has served, and as Chairman of the Utility Committee; and
WHEREAS, the term of David L. Perman expires on February 14, 1977.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council express their extreme appreciation to David L. Perman for devoting his undivided attention and rendering his guidance and leadership ability on behalf of the City of Dover Council.
2. The Mayor and Council of the City of Dover wish David L. Perman success in his future endeavors and express their regret at the expiration of his term of office.
3. The Mayor and Council direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover in expression of their appreciation to David L. Perman.
ADOPTED FEBRUARY 14, 1977
RESOLUTION - RALPH R. TISCHER
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by a unanimous roll call vote, adopted the following resolution.
WHEREAS, the Mayor and Council of the City of Dover have been greatly saddened by the untimely and unexpected death of former Councilman Ralph R. Tischer who departed this life on January 30, 1977; and
WHEREAS, Ralph R. Tischer served as Councilman of the City of Dover from February 11, 1952 through February, 1958; and
WHEREAS, Ralph R. Tischer was appointed as Vice-Mayor of the City of Dover from February 1953 through February 1958 and during his tenure as Councilman served on the Tree Commission, Legislative and Finance Committee, Hearing Committee, Zoning Committee, Wages and Hours Committee, and on a special Annexation Committee and Revision of Ordinances Committee. In each of these important assignments he contributed immeasurably to the important decisions being made by these Committees and by the Dover City Council; and
WHEREAS, the death of Ralph R. Tischer causes a loss not only to the Dover City Council, but to the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Mayor and Council of the City of Dove express their regret at the death of former Councilman Ralph R. Tischer, who departed this life on January 30, 1977.
2. That the Mayor and Council of the City of Dover extend their appreciation for the contributions made by Ralph R. Tischer when serving as a member of the important committees and as a member of Council from February 1952 through February 1958.
3. That the Mayor and Council of the City of Dover extend their deepest sympathy to the widow and family of Ralph R. Tischer.
4. That the Mayor and Council of the City of Dover direct the Clerk of 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 former Councilman Ralph R. Tischer.
ADOPTED FEBRUARY 14, 1977
RECESS
MAYOR’S ADDRESS
Mayor Legates addressed Council and spectators, expressing appreciation to the City Manager and Council staffs, for their accomplishments in the past year, which enabled the City to grow in an orderly fashion and maintain a level of excellence.
He challenged members of Council to closely study the City Charter, with emphasis on the importance of a separation of powers, and systems of checks and balances now afforded the City under the present Charter.
It was his wish to enter the next year with a balanced budget, without the necessity of a tax increase. Mr. James has several options under study as possible solutions and will advise Council of priorities for expenditures, based on established needs of the various departments.
Two desires that concern Mayor Legates, is proper funding of the General Pension Fund and adding enough money to the already funded Police Pension Fund, to allow an optional 20 year retirement. However, these items have been placed at the bottom of his priority list, recognizing the needs of the City Manager in operating various municipal services with worn out trash trucks, street sweepers, and a manpower shortage dictated by lean budget years.
ELECTION OF OFFICERS FOR THE YEAR 1977
Vice Mayor
Mayor Legates opened the floor for nominations of Vice-Mayor. Mr. Hardcastle moved for the re-appointment of Mr. Muir, seconded by Mr. Bewick. By a unanimous roll call vote, Mr. Muir was elected Vice-Mayor.
City Clerk/Treasurer and City Alderman
Mr. Bewick moved to elect Mr. William H. Willis as City Clerk/Treasurer and City Alderman for the year 1977. The motion was seconded by Mr. Weyandt and unanimously carried by a roll call vote.
City Solicitor
Mr. Weyandt moved to elect Mr. Nicholas Rodriguez as City Solicitor for the year 1977. The motion was seconded by Mr. McDonough and unanimously carried by a roll call vote.
Fire Marshal
Mr. Witt moved to elect Mr. Jack T. Roe as Fire Marshal for the year 1977. The motion was seconded by Mr. Weyandt and unanimously carried by a roll call vote.
COMMITTEE APPOINTMENTS
Building Code Appeals Committee
By motion of Mr. McDonough, seconded by Mr. Weyandt, the following were appointed to the Building Code Appeals Committee by a unanimous roll call vote.
Chairman - Charles L. Witt
Members - Councilmen James c. Hardcastle & Robert D. Bewick
Plumbing Code Appeals Committee
By motion of Mr. McDonough, seconded by Mr. Weyandt, the following were appointed to the Plumbing Code Appeals Committee by a unanimous roll call vote.
By Charter requirement - Chairman - William T. James, City Manager
Members - Councilmen James P. Muir & John B. Carson
Parks, Playgrounds & Trees Committee
By motion of Mr. McDonough, seconded by Mr. Muir, the following was appointed to the Parks, Playgrounds & Trees Committee by a unanimous roll call vote.
Chairman - James C. Hardcastle
Members - Councilmen Francis R. Weyandt & Fred B. Carey, Sr.
Others - Mrs. Martha Miller & Mr. Theodore Ressler
City of Dover Pension Board
By motion of Mr. Weyandt, seconded by Mr. Muir, Mr. Charles L. Witt was appointed to the Pension Board by a unanimous roll call vote.
Safety Advisory Committee
By motion of Mr. Witt, seconded by Mr. Bewick, the following were appointed to the Safety Advisory Committee, by a unanimous roll call vote.
Chairman - James C. Hardcastle
Members - Councilmen Francis R. Weyandt & Fred B. Carey, Sr.
Utility Committee
By motion of Mr. Hardcastle, seconded by Mr. Weyandt, the following were appointed to the Utility Committee by a unanimous roll call vote.
Chairman - Robert D. Bewick
Members - Councilmen John B. Carson & Joseph M. McDonough
The name of the fourth member will be presented at the February 28th Council Meeting.
Wage & Hours, Legislative & Finance Committee
By motion of Mr. Weyandt, seconded by Mr. Carey, the following were appointed to the Wage & Hours, Legislative and Finance Committee by a unanimous roll call vote.
Chairman - James P. Muir
Members - Councilmen Joseph M. McDonough & Charles L. Witt
ADOPTION OF MINUTES
Mr. Bewick moved to modify the Council Minutes of January 24, 1977, correcting his motion under the heading of “Modification of City Zoning Maps”.
Mr. Bewick moved to correct his motion as follows: A hearing be held on March 28, 1977 at 8:00 P.M. to explain the required modifications to both the City Zoning Map and the City Comprehensive Plan so that the two are compatible. At the hearing the public will be informed of the recommended changes for community input and future actions. The motion was seconded by Mr. Hardcastle and unanimously passed.
Mr. Witt moved for the adoption of the Minutes as corrected. The motion was seconded by Mr. Weyandt and unanimously passed.
ANNUAL REPORTS
Chief of Police
Mr. Witt moved for the adoption of the Chief of Police Annual Report, seconded by Mr. Muir and unanimously carried.
Fire Marshal, Building Inspector & Planner Annual Report
Mr. Bewick moved for the adoption of the Fire Marshal, Building Inspector and Planner Annual Report. The motion was seconded by Mr. Muir and unanimously carried.
Fire Chief - Annual Report
Mr. Muir moved for adoption of the Fire Chief Annual Report, seconded by Mr. Hardcastle and unanimously carried.
NUMBER OF PERSONNEL & SALARIES - DOVER POLICE DEPARTMENT
Mayor Legates stated that the salaries of the Dover Police Department have been established by acceptance of the budget by Council. The number of personnel now stands at fifty-five (55).
Mr. Weyandt moved that a personnel force of fifty-five (55) be designated for the City of Dover Police Department and that all salaries are set as adopted in the budget. The motion was seconded by Mr. Muir and unanimously carried, setting the number of personnel and salaries for the fiscal year 1977-78.
CITY AFFIRMATIVE ACTION POLICY
Mr. McDonough moved to refer the establishment of a City Affirmative Action Policy for the employment of minorities, to the Legislative and Finance Committee. The motion was seconded by Mr. Weyandt and unanimously carried.
FISCAL YEAR AUDIT DISCUSSION
Mr. Weyandt moved to refer the Fiscal Year Audit to the Legislative and Finance Committee for the purpose of determining why the report is submitted at such a late date. Mr. McDonough seconded the motion, which was unanimously carried.
DISCUSSION - WATER USE FEES - PROPERTY OWNER RESPONSIBILITY
Mr. Weyandt moved to refer the question of Water Use Fees being the responsibility of a property owner, in case of default by a tenant and as outlined in Article III, Section 32-9 of the Municipal Code. Mr. McDonough seconded the motion for referral to the Utility Committee, which was unanimously carried.
ACCEPTANCE OF POLICE DEPARTMENT JOB DESCRIPTIONS
Mr. Bewick moved to postpone acceptance of the Police Department Job Descriptions until February 28, 1977, seconded by Mr. Hardcastle. Chief Spence stated that a delay would present no great problems. The motion was carried by a vote of seven (7) yes, one (1) no, Mr. McDonough.
APPOINTMENT - PLANNING COMMISSION - THREE YEAR TERM
Mayor Legates submitted Mr. Julian Massey for re-appointment to the Planning Commission. Mr. Hardcastle moved for approval of Mr. Massey, seconded by Mr. Muir. The appointment was approved by a unanimous roll call vote.
Mayor Legates submitted Mr. John T. McKenna for re-appointment to the Planning Commission. Mr. Weyandt moved for approval of Mr. McKenna, seconded by Mr. Carson and unanimously carried by a roll call vote.
Mr. Courtney P. Houston was held over as a member until Mayor Legates can affirm his willingness to be re-appointed for a three (3) year term.
CORRESPONDENCE
Drucilla L. Davis - Deed Restrictions - Liquor License
A letter from Mrs. Drucilla L. Davis notified the City that an application for on premise liquor sales by the Orient Express Restaurant, located at 530 Bay Road was in violation of a deed restriction for that property.
Mr. Rodriguez reported a phone cell from the owner of the restaurant, requesting a certified letter stating that the restriction would not effect his right to hold a liquor license. The Solicitor referred the restaurant owner to a private attorney. He added that this matter would not require Council action.
Mr. Roe stated that Mrs. Davis would be required to take civil action in order to institute proceedings against the license. The present zoning would allow the license.
Mr. Muir moved to acknowledge receipt of the letter, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 8:30 P.M.
An Executive Session was held and adjourned at 8:45 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of February 14, 1977, are hereby approved.
CHARLES A. LEGATES, JR.
MAYOR
February 22, 1977
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