Annual City Council Meeting
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Feb 9, 1976 at 12:00 AM

ANNUAL ORGANIZATIONAL MEETING

February 9, 1976

Prefacing the Annual Organizational Meeting, held on February 9, 1976, at 7:30 P.M., the Dover Light Infantry Company fired a three gun salute to outgoing Mayor Crawford J. Carroll.

Mayor elect, Charles A. Legates, Jr., was subscribed as a Captain of the Dover Light Infantry in a presentation by Colonel Larry Doyle. The City Clerk read into the record the following proclamation signed by Mayor Crawford J. Carroll.

PROCLAMATION

I, Crawford J. Carroll, Mayor of the city of Dover do hereby proclaim the Dover Light Infantry Company as being the official Honor Guard for the City of Dover and the Mayor of the City of Dover. This proclamation is issued by authority granted to me by the Charter and Ordinances of the City of Dover and is to remain in force and effect until further proclamation. This proclamation has been signed by me this 4th day of February, A.D. 1976.

                                                                                                Crawford J. Carroll

                                                                                                Mayor

The Annual Organizational Meeting proceeded with Mayor Carroll presiding. Councilmen present were Messrs. Cullen, Legates, Muir, Hardcastle, Perman, Witt, Harris and McDonough.

The invocation was given by Reverend J. H. Williams, Council Chaplain.

RESOLUTION - CHARLES A. LEGATES, JR.

On motion by Mr. Witt, seconded by Mr. Muir, Council adopted the following resolution:

WHEREAS, Charles A. Legates, Jr. has served as Councilman of the City of Dover from February 10, 1969 to February 9, 1976; and

WHEREAS, during his tenure as Councilman, Charles A. Legates, Jr. has served as a member of the Safety Advisory Committee; the Parks, Playgrounds and Trees Committee; the Legislative and Finance Committee; the Building, Housing and Plumbing Code Committee; the Building Code Appeals Committee; and the Committee of Committees and he has served as Chairman of the Legislative and Finance Committee and the Committee of Committees; and

WHEREAS, since February 10, 1975, Charles A. Legates, Jr. has served as Vice-Mayor of the City of Dover; and

WHEREAS, Charles A. Legates, Jr. has resigned as Councilman of the City of Dover and has been elected Mayor Carroll of the City of Dover effective February 9, 1976 for a two-year term.

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 Dover express their extreme appreciation to Councilman Charles A. Legates, Jr. for devoting his time, attention and leadership to the important duties and functions of the City of Dover since his election as Councilman on February 10, 1969.

2. That the Mayor and Council of the City of Dover extend their congratulations to Councilman Charles A. Legates, Jr. concerning his election as Mayor of the City of Dover and they extend their extreme good wishes to him in the future as Mayor of the City of Dover.

3. That the Mayor and Council of the City of Dover direct the City Clerk to make this Resolution a permanent record of the City of Dover to show their appreciation for the leadership rendered by Councilman Charles A. Legates, Jr. as a member of Council of the City of Dover.

ADOPTED FEBRUARY 9, 1976

RESOLUTION - A. BARRATT CULLEN, JR.

On motion by Mr. Muir, seconded by Mr. Hardcastle, Council adopted the following resolution:

WHEREAS, A. Barratt Cullen, Jr. has served as a Councilman for the City of Dover from February 11, 1974 to February 9, 1976; and

WHEREAS, A. Barratt Cullen, Jr. has been a member of the Parks, Playgrounds and Trees Committee and the Safety Advisory Committee and was Chairman of these two Committees from February 10, 1975 to February 9, 1976 and also a member of the Committee of Committees during that period of time; and

WHEREAS, A. Barratt Cullen, Jr. has served as a member of the City of Dover Planning Commission from April 12, 1966 to the present date and also served as Chairman of this Commission from March 17, 1969 to March 18, 1974; and

WHEREAS, A. Barratt Cullen, Jr. has devoted his time and attention to these important functions to the benefit of the residents of the City of Dover and has served well in his capacity as a member of Council and as a member and chairman of the Planning Commission; and

WHEREAS, A. Barratt Cullen, Jr. had decided not to seek re-election to Council and his term expires on February 9, 1976.

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 A. Barratt Cullen, Jr. for devoting his undivided attention and rendering his guidance and leadership ability on behalf of the City of Dover Council and the Planning Commission.

2. The Mayor and Council of the City of Dover expresses their regret at the decision of A. Barratt Cullen, Jr. not to seek re-election to Council.

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 A. Barratt Cullen, Jr.

ADOPTED FEBRUARY 9, 1976

PRESENTATION - COUNCILMEN LEGATES AND CULLEN

Mayor Carroll presented plaques to Councilmen Legates and Cullen commending them for their years of devoted service to the City of Dover.

OATH OF OFFICE - ELECTED MAYOR AND COUNCILMAN

The Honorable William G. Bush, III, Judge of the Superior Court, administered the Oath of Office to the following elected officials for the year of 1976.

            Mayor                                                                         -          Charles A. Legates, Jr.

            Councilman                -          First District               -          Robert D. Bewick

            Councilman                -          Second District           -          Douglas Harris

            Councilman                -          Third District              -          James P. Muir

            Councilman                -          Fourth District            -          James C. Hardcastle

RESOLUTION - MAYOR CRAWFORD J. CARROLL

On motion by Mr. Hardcastle, seconded by Mr. Witt, Council adopted the following resolution:

WHEREAS, Crawford J. Carroll has served as a Councilman of the City of Dover from February 11, 1957 to February 12, 1962; and

WHEREAS, Crawford J. Carroll during his time he served as Councilman was a member of the Tree Commission, the Hearing Committee, the Utility Committee, the Planning Commission, the Fire Department Liaison Committee and he served as Chairman of the Tree Commission; and

WHEREAS, Crawford J. Carroll served as Mayor of the City of Dover from February 12, 1962 to February 9, 1976; and

WHEREAS, during the time that Crawford J. Carroll has served on Council of the City of Dover both as Councilman and as Mayor he has seen the City of Dover progress from a Town to a complex, largely populated and busy City; and

WHEREAS, Crawford J. Carroll, at great personal sacrifice to himself and to his family, has devoted his undivided time and attention to lead this City in his capacity as Mayor successfully through the many problems and crises that have been faced during his tenure as Mayor; and

WHEREAS, Crawford J. Carroll has decided not to seek re-election as Mayor 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 the Mayor and Council of the City of Dover express their great appreciation to Mayor Crawford J. Carroll for the enormous amount of time he has devoted to the leadership of the City of Dover and to Council and residents of the City of Dover;

2. That the Mayor and Council of the City of Dover express their extreme appreciation to Mayor Crawford J. Carroll for leading the City successfully through the many problems and crises that face a growing City and that have faced the City of Dover;

3. That the Mayor and Council of the City of Dover express their extreme regret that Mayor Crawford J. Carroll will no longer be a member of Council or be Mayor of the City of Dover after February 9, 1976, because of his decision not to seek re-election as Mayor;

4. That the Mayor and Council of the City of Dover direct the Clerk to make this Resolution a part of the permanent records of the City of Dover in living appreciation of the leadership of their former Mayor, Crawford J. Carroll.

ADOPTED FEBRUARY 9, 1976

PROCLAMATION - CITY OF DOVER POLICE DEPARTMENT TO MAYOR CRAWFORD J. CARROLL

The City Clerk read into the record the following proclamation from the City of Dover Police Department to Mayor Crawford J. Carroll. The presentation was made by Chief William L. Spence.

WHEREAS, Crawford J. Carroll has elected not to seek another term as Mayor of the City of Dover; and

WHEREAS, Crawford J. Carroll served as Councilman of the City of Dover from February 11, 1957 to February 12, 1962; and

WHEREAS, Crawford J. Carroll served as Mayor of the City of Dover from February 12, 1962 to February 9, 1976; and

WHEREAS, as a member of Council of the City of Dover, Crawford J. Carroll always has the improvement and advancement of the City of Dover Police Department in mind; and

WHEREAS, as Mayor of the City of Dover, Crawford J. Carroll was the executive and chief official of the City and by Charter he was also in charge of choosing and appointing the members of the City of Dover Police Department; and

WHEREAS, during his long tenure as Mayor of the City of Dover he was largely responsible for the growth, advancement and improvements of the City of Dover Police Department.

NOW, THEREFORE, KNOW AL MEN BY THESE PRESENCE:

1. The City of Dover Police Department expresses it’s appreciation to Crawford J. Carroll for everything he has done as Mayor of the City of Dover and as Councilman for the City of Dover for the improvement and advancement and advancements of the department.

2. In recognition if his devotion to public welfare of the City and of the Police Department, the Department does hereby proclaim Crawford J. Carroll as a lifetime, honorary member of the City of Dover Police Department.

3. The City of Dover Police Department is proud to record this testimonial of it’s respect and esteem to Mayor Crawford J. Carroll.

ADOPTED FEBRUARY 9, 1976

PRESENTATION OF PLAQUE

Mayor Legates presented an engraved plague to outgoing Mayor Carroll, depicting his years of service with the City. In his departing remarks, Mayor Carroll cited some of the improvements of various City services and commended City personnel and officials for their devoted service.

City Manager James presented Mayor Carroll and Mayor Legates a gavel made from the chestnut wood once incorporated in the old City Hall building.

INAUGURAL REMARKS - MAYOR CHARLES A. LEGATES

In his inaugural remarks, Mayor Legates emphasized the fiscal integrity now enjoyed by the City of Dover and expressed his wish to continue that line to make our City a forward and progressive municipality. He stated that this is due to the outstanding leadership of past Mayors and Councilmen.

Mayor Legates called a short recess before continuing the regular business of Council.

ELECTION OF OFFICERS FOR THE YEAR 1976

Vice-Mayor

Mayor Legates opened the floor for nominations of Vice-Mayor. Mr. Witt moved that Councilman Douglas Harris serve as Vice-Mayor, seconded by Mr. Hardcastle and carried.

City Clerk - Treasurer

Mr. Muir moved, seconded by Mr. Hardcastle, that William H. Willis be appointed as City Clerk-Treasurer for the year 1976. The motion was carried.

City Alderman

Mr. Muir moved, seconded by Mr. Witt, that William H. Willis be appointed as City Alderman for the year 1976. The motion was carried.

City Solicitor

Mr. Muir moved, seconded by Mr. Witt, that Nicholas Rodriguez be appointed as City Solicitor for the year 1976. The motion was carried.

Fire Marshal

Mr. Muir moved, seconded by Mr. Witt, that Jack T. Roe be appointed City Fire Marshal for the year 1976. The motion was carried.

COMMITTEE APPOINTMENTS

Mayor Legates presented the following Committee appointments for 1976, each being unanimously approved by Council.

Building Code Appeals Committee: Chairman - Charles L. Witt, James C. Hardcastle and David Perman

Building, Housing & Plumbing Code Committee: Chairman - City Manager William James, James P. Muir and David Perman

Chaplain: Reverend J.H. Williams

Parks, Playgrounds & Trees Committee: Chairman - James C. Hardcastle, Joseph McDonough, Robert D. Bewick, Patrick Knight and Martha Miller

City of Dover Pension Board: Douglas Harris

Safety Advisory Committee: Chairman - James C. Hardcastle, Robert D. Bewick and Joseph McDonough.

Utility Committee: Chairman - Douglas Harris, David Perman, Robert D. Bewick and City Manager William James.

Wage & Hours, Legislative & Finance Committee: Chairman - James P. Muir, Joseph McDonough and Charles L. Witt.

Committee of Committees: Mayor Legates requested that the Committee of Committees be discharged and received the unanimous consent of Council.

ADOPTION OF JANUARY 26, 1976 COUNCIL MINUTES

On motion by Mr. Hardcastle, seconded by Mr. Witt, Council approved the minutes of the January 26, 1976 Regular Meeting as submitted.

REPORT - UTILITY COMMITTEE

The Utility Committee met on February 6, 1976 for the purpose of considering proposed revisions of the Capitol Green project by the State of Delaware.

As presented by Chairman Harris, the following are certain recommendations specified by the Committee for Council consideration.

1. That all utilities will be installed underground.

On motion by Mr. Hardcastle, seconded by Mr. Witt, Council approved the recommendation of the Committee.

2. That all street lights in the area, covered by this, be up-dated to model PMA-117 General Electric Luminare Street Light with accompanying pole.

On motion by Mr. Witt, seconded by Mr. Muir, Council approved the recommendation of the Committee.

3. That all alleys will be a minimum of 15' wide.

On motion by Mr. Bewick, seconded by Mr. Witt, Council approved the recommendation of the Committee.

4. A divider of 10' maximum width with plantings be allowed on Water Street through the Rehabilitation area and that the plantings must be approved by the City, with the understanding that the maintenance of the media strip and the plantings and/or grass therein be maintained by the State of Delaware.

On motion by Mr. Muir, seconded by Mr. Bewick, Council approved the recommendation of the Committee.

5. That a public hearing be held by the City Council to close that portion of Water Street, west of River Road to the banks of the St. Jones River.

Mr. Witt moved to accept the recommendation of the Committee and a public hearing be set and advertised for March 22, 1976 at City Hall at 8:00 P.M. The motion was seconded by Mr. Muir and carried.

6. The Committee recommends that a high fence be installed by the State along the St. Jones River edge, if at all possible, since it is a proven fact that the river in this area is a hazard to young children.

Mr. Hardcastle moved to approve the Committee’s recommendation to install a high fence along the river edge. The motion was seconded by Mr. Bewick and carried.

7. The alley behind River Road complex be maintained at 15' with a turn around provided at the end of the alley. It is also recommended that the entrance and radius to all alleys within the area covered in this report be widened.

On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council approved the recommendation of the Committee.

Mr. Witt moved that the report of the Utility Committee be accepted as submitted. Mr. Bewick seconded the motion, which carried.

CHIEF OF POLICE ANNUAL REPORT

The Annual Report of the Chief of Police was presented to Council for their consideration.

Asked by Mr. Perman if he planned any action other than increasing the manpower of the force to help curb the thirty-four percent increase of crime over 1970 in 1975, Chief Spence replied that the City is now being separated into five districts. In addition, the Department is now working on a grid system which is a census tract which would better determine crime in each grid for closer police surveillance and preventative action. A proposal for additional manpower will be incorporated in the Department’s forthcoming fiscal budget.

On motion by Mr. Witt, seconded by Mr. Hardcastle, Council accepted the report as submitted.

ANNUAL REPORT - FIRE MARSHAL, BUILDING INSPECTOR AND PLANNER

Mr. Perman questioned Mr. Roe relating to electrical fires being a major portion of direct cause in the Fire Chief’s report and asked if perhaps the criteria in which the City codes allow acceptance is inadequate.

Mr. Roe explained that the City utilized the Middle Department Inspection Agency, which follows the National Code. The code, at one time, accepted certain sizes of aluminum wire that proved to be inadequate. As a result of these applications, and considering a characteristic of aluminum to expand and contract, problems have developed in certain areas where aluminum is applied. The code has been amended as a result of the above.

On motion by Mr. Hardcastle, seconded by Mr. Witt, Council accepted the Fire Marshal, Building Inspector and Planner’s Report as submitted.

ANNUAL REPORT - FIRE CHIEF

Chief Kemp reported that an expenditure of approximately $80,000 over the next eighteen months will be necessary to prevent a fire insurance rate increase to residents of the City.

On motion by Mr. Witt, seconded by Mr. Muir, Council accepted the report as submitted.

LEAGUE OF WOMEN VOTERS

Mrs. Cynthia Witt, President of the League of Women Voters, informed Council by letter of certain League policies, where individual members express opinions while lobbying or speaking before legislative bodies. Mrs. Witt emphasized that these members speaking without an official letter and name badge are speaking in their own behalf and do not express the opinion of the League.

On motion by Mr. Muir, seconded by Mr. Harris, Council acknowledged receipt of the letter.

FIRST BAPTIST CHURCH - SALVATION ARMY REQUEST

In a letter to Council, Reverend Leonard J. Hatch of the First Baptist Church, was critical of Council’s decision related to a request by the Salvation Army to hold outdoor services.

Mr. Witt reported discussing this matter with Major Dietrick and Mr. Reese, Vice-Chairman of the Salvation Army in Delaware, at length.

Mr. Witt moved, seconded by Mr. Muir, that the Salvation Army be permitted to perform as requested in early January.

In discussion that followed, the City Solicitor reported that due to the extensive research necessary, and the fact that no citations had been received from the Salvation Army, he had not pursued the compilation of a report.

Mr. Perman stressed that the City Solicitor should do some research on the matter to determine if perhaps outdoor services might infringe on the private citizen’s rights.

Mr. Bewick moved that the matter be tabled, seconded by Mr. Perman. On a roll call vote of four (4) to three (3), Mr. Perman, Mr. Harris and Mr. Bewick voting in favor of tabling, the motion was defeated.

On a call for the question on Mr. Witt’s motion to permit outdoor services, Council by a vote of five (5) to two (2), approved the request. Mr. Perman and Mr. Bewick voted no.

Mr. Witt requested that the City Manager meet with the officials of the Salvation Army to discuss the types of programs and locations. On motion by Mr. McDonough, seconded by Mr. Witt, Council acknowledged receipt of Reverend Hatch’s letter.

FRIENDS OF OLD DOVER - REVOLUTIONARY WAR MONUMENT

A letter from G. Daniel Blagg, President of the Friends of Old Dover, informed Council that recent survey of the membership revealed a vote of 74 to 16 not to replace the Revolutionary War Memorial on it’s previous site at The Green. A percentage of the membership suggested another location on The Green.

In a general discussion of Council, it was stated that there was really no concrete reason why the monument should not be on The Green to mark this historical spot.

On motion by Mr. Muir, seconded by Mr. McDonough, Council approved the removal of the monument from it’s present location to the original site on The Green.

WALTER L. FOX POST #2 - TRAILER REQUEST

A request was received from Joseph Lankowski of the Holding Company to place a trailer behind the post facility to house an attendant due to acts of vandalism and trespassing.

Mr. Roe, in relating to the request, stated that since the ordinance prohibits trailers in the City and approval would open the door for similar requests, he would recommend denial.

On motion by Mr. Perman, seconded by Mr. Bewick, Council denied the request and the Clerk was asked to notify the interested parties.

LAG REQUEST - DELAWARE SOCIETY OF ARCHITECTS

A letter from Mary C. Carey, representing the Delaware Society of Architects, requested a City of Dover flag to fly on Broad Street in Philadelphia proposing that the street be renamed the Avenue of Cities.

Mr. Witt moved, seconded by Mr. Muir, that Council acknowledge receipt of the letter and ask Mrs. Carey to borrow the flag that was sent to Mayor Rizzo’s office.

Mr. Bewick moved to amend Mr. Witt’s motion to state, acknowledge receipt of the letter and send a flag.

On a voice call vote, Council voted to acknowledge receipt of the letter and send a flag to the Delaware Association of Architects.

ADIOTHON - AMERICAN CANCER SOCIETY

Mr. Ray R. Wise, District Director of the American Cancer Society, advised Council that a fund raising radiothon will be held March 5th & 6th at the Delaware National Guard Armory. An invitation to Mayor and Council to appear during the 24-hour program was extended.

On motion by Mr. Hardcastle, seconded by Mr. Bewick, Council acknowledged receipt of the letter.

NEGRO HISTORY WEEK

Mr. Edward G. Minus, in a letter to Mayor Legates, stated that the week of February 8, 1976 is observed as “National Negro History Week” and services will be held at the Union Baptist Church on February 15th. Mr. Minus asked for an expression of recognition and endorsement and requested that Mayor Legates be in attendance on February 15th at 7:00 P.M.

On motion by Mr. Hardcastle, seconded by Mr. Perman, Council officially recognized the week of February 8 to February 15, 1976 as “Negro History Week”. Mayor Legates will attend the service on the 15th and extended an invitation to Council.

GOOD TURN DAY ‘76 - DELAWARE BOY SCOUTS

A letter from Peter J. Kennedy, Jr., Operations Director of the Delmarva Bay Scouts, advised Council of their 17th Annual “Good Turn Day” and requested permission to use the Municipal Parking Lot to park a Goodwill truck to receive collected clothing.

On motion by Mr. Witt, seconded by Mr. Perman, Council acknowledged receipt of the letter and granted the request.

Meeting adjourned at 9:30 P.M.

 

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council in their regular meeting of February 9,1976, are hereby approved.

                                                                        CHARLES A. LEGATES, JR.

                                                                        MAYOR

February 16, 1976

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