REGULAR MEETING
December 9, 1974
The Regular Meeting of City Council was held on Monday, December 9, 1974 at 7:30 P.M. with Mayor Carroll presiding. Members present were Messrs. Legates, Walls, Holpp, Hardcastle, Muir and Cullen. Councilman Biggs was absent due to hospitalization.
The invocation was given by Reverend J. H. Williams, Council Chaplain.
MINUTES
The minutes of the regular meeting of City Council held on November 25, 1974, were accepted and bore the written approval of Mayor Carroll.
COUNCILMAN ALFRED S. BIGGS RESOLUTION
On motion of Mr. Legates, seconded by Mr. Hardcastle, Council adopted the following resolution.
WHEREAS, Alfred S. Biggs, Councilman of the City of Dover, is presently incapacitated by unexpected illness, and
WHEREAS, the Mayor and Council of the City of Dover wish to extend to Councilman Biggs their best wishes for a speed recovery and return to active duties.
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 sympathy to Councilman Biggs and his family for Councilman Biggs’ recent illness.
2. The Mayor and Carroll of the City of Dover wish to extend to Councilman Biggs their best wishes for a speedy recovery from his illness and quick return to his duties.
ADOPTED DECEMBER 9, 1974
LEGISLATIVE AND FINANCE COMMITTEE REPORT
Chairman Legates presented a written report of the Legislative and Finance Committee meeting held at 10:45 A.M. December 9, 1974.
District Voting Referendum Request - - A letter from Mrs. Cynthia Witt requested that district voting be a part of the ballot January 20, 1975 in the form of a referendum vote. District voting was put to a referendum vote in 1956 and defeated by a margin of 462 to 114. Due to the close proximity of the upcoming election and the extensive research required to formulate proper registration, the Committee recommended that the request be deferred. On motion of Mr. Walls, seconded by Mr. Harris, Council by a vote of seven (7) yes and one (1) absent, Mr. Biggs, approved the recommendation of the Committee.
Gary Hindes Request - Additional Registration - December 21 and 28 - - In considering the request of Mr. Hindes that Council extend Saturday registration to include December 21 and 28, 1974, the Committee felt that poor turn out indicated that no further days were warranted. On motion of Mr. Holpp, seconded by Mr. Walls, Council by a vote of seven (7) yes and one (1) absent, Mr. Biggs, approved the recommendation of the Committee.
Police Pension funding - Premium Percentage Increase - - The Committee recommends adopting a resolution which would increase the percentage on gross insurance premiums sold in the State of Delaware from 1/4 of 1% to 2%. Monies derived from the income would be used to fund police pension funds throughout the State. On motion of Mr. Harris, seconded by Mr. Walls, Council by a vote of seven (7) yes and one (1) absent, Mr. Biggs, adopted the following resolution.
WHEREAS, the General Assembly of the State of Delaware has established a method of supplementing the funding of pensions for the police agencies of this State, and
WHEREAS, it is desirable that the police pension programs of this State become actuarially sound to relieve the burden on the annual operating budgets of the various levels of government, and
WHEREAS, sound pension programs for police agencies are necessary to attract and retain qualified and quality police personnel.
NOW, THEREFORE, IT IS RESOLVED:
1. That the Mayor and Council of the City of Dover supports an amendment to Title 18, Section 708 (a) of the Delaware Code Annotated increasing the special tax on gross insurance premiums sold in the State of Delaware from 1/4 of one per cent to two per cent.
2. That copies of this Resolution be forwarded to the Office of the Governor, the President of the Senate and the Speaker of the House of the State of Delaware.
ADOPTED DECEMBER 9, 1974
Federal Fair Labor and Standards Act - - Mr. James informed the Legislative and Finance Committee that the Federal Fair Labor and Standards Act as amended May 1, 1974 would probably have an impact of $50,000 for the last six months of this fiscal year in wage increase.
Revenue Anticipation Borrowing - - Following a request by the City Manager, the Committee recommends that Mr. James be authorized to borrow up to $300,000 for the General Fund in anticipation of future revenues. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Biggs, authorized the borrowing of the above sum in anticipation of current revenues to be repaid prior to July 1, 1975.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY TREASURER TO UNDERTAKE TEMPORARY BORROWING AS PROVIDED IN THE CHARTER OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorized and empowers the Council of the City of Dover to anticipate current revenue by borrowing such sum as shall be needed, not to exceed 1% of the total taxable assessment, and
WHEREAS, it is necessary to borrow temporary funds for the current operating requirements of the City of Dover General Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER.
1. That from and after the adoption of this resolution, the Mayor and City Treasurer of the City of Dover shall be empowered and authorized to execute under the seal of the City of Dover any and all instruments, documents, or other evidences of indebtedness as required for the borrowing on a temporary basis a sum not to exceed $300,000.
2. The Mayor and Treasurer of the City of Dover shall be empowered to obtain said funds upon such terms and from such local lending institutions as in their best judgement they deem necessary and proper.
3. Any and all amounts borrowed pursuant to this resolution shall be repaid out of current revenue received hereafter by the General Fund, and not later than June 30, 1975, or thereabout.
ADOPTED DECEMBER 9, 1974
Blank on Ballot for Write in Candidates - - The City Solicitor informed the City Clerk that the law providing for a space on the official ballot for write in candidates did not apply to the City of Dover since the Charter provides any citizen the right to file for an office by petition. The Committee recommended that the City Clerk follow the advice of the Solicitor.
The Committee reported that proper legislation was being prepared to amend the Charter in those sections which allows weighted voting in annexation referendums. The Superior Court has ruled that annexations will be governed by the one man, one vote principle.
On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the Legislative and Finance report as presented.
CHIEF OF POLICE REPORT
The monthly report of the Chief of Police for November 1974 was reviewed by Council. On motion of Mr. Legates, seconded by Mr. Muir, Council accepted the report as presented.
APPOINTMENT OF CITY ASSESSOR FOR 1975
Mayor Carroll opened the floor for nomination of the City Assessor. Mr. Hardcastle nominated Mr. William Hayes which was seconded by Mr. Legates. Mr. Harris moved that the nominations be closed and was seconded by Mr. Hardcastle. On a vote of seven (7) yes and one (1) absent, Mr. Biggs, Council appointed Mr. William Hayes as City Assessor for the year 1975.
APPOINTMENT OF BUILDING INSPECTOR FOR 1975
Mayor Carroll opened the floor for nominations for the City Building Inspector. Mr. Legates nominated Jack T. Roe which was seconded by Mr. Muir. Mr. Hardcastle moved that the nominations be closed, seconded by Mr. Muir. On a vote of seven (7) yes and one (1) absent, Mr. Biggs, Council appointed Mr. Jack T. Roe as City Building Inspector for the year 1975.
ORDINANCE - NO PARKING TOWNSEND BOULEVARD
On motion of Mr. Muir, seconded by Mr. Holpp, Council by a vote of seven (7) yes and one (1) absent, Mr. Biggs, adopted the following ordinance restricting parking on Townsend Boulevard.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That it shall be unlawful to park vehicles on either side of Townsend Boulevard from its intersection with US Route 13 to its intersection with Buckson Drive.
2. That this ordinance shall be enforced upon erection of appropriate signs or appropriate curb markings.
ADOPTED DECEMBER 9, 1974
FINAL REVIEW - VOTER REGISTRATION PURGE
The second review of the voter registration purge list was presented to Council. Mr. Harris asked the City Clerk if certified receipts of delivery and/or returned mail was available for review. Mr. Willis replied that the letters, receipts and a list of names was available in his office. On motion of Mr. Muir, seconded by Mr. Legates, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Biggs, accepted the registration purge list as official.
ANIMAL ORDINANCE
Based on a letter from Chief Spence explaining certain difficulties in enforcing an Animal Ordinance prepared by the Solicitor, Mr. Legates moved, seconded by Mr. Muir, that the ordinance be referred back to the Legislative and Finance Committee for further study.
ROBBINS HOSE COMPANY FIRE CHIEFS
On motion of Mr. Legates, seconded by Mr. Cullen, Council by a roll call vote of seven (7) yes and one (1) absent, Mr. Biggs, confirmed the appointment of the following Fire Chiefs for the year 1975.
                                                CHIEF                        Kline Kemp, Jr.
                                                DEPUTY CHIEF       Edwin Baker, Jr.
                                                1st ASST. CHIEF       Carleton Carey
                                                2nd ASST. CHIEF      Charles H. Boyer
                                                3rd ASST. CHIEF       Jack LeCompte
COUNCIL MEETING OF DECEMBER 23, 1974 POSTPONEMENT
On motion of Mr. Hardcastle, seconded by Mr. Harris, Council by a vote of seven (7) yes and one (1) absent, Mr. Biggs, canceled the regular meeting of December 23, 1974 due to the close proximity of Christmas.
EXECUTIVE SESSION
Mayor Carroll asked Council, at this time, for an Executive Session immediately after adjournment to discuss legal matters with the City Solicitor.
COMMENTS - NATIONAL LEAGUE OF CITIES - HOUSTON, TEXAS
Mr. Holpp in commenting on the National League of Cities meeting in Houston, Texas, stated that legislation that was prepared for congressional action would be of great interest to Council. Transcripts from the meetings are in his possession.
Mr. Legates commented on discussions at the Houston meeting concerning the impact to municipalities as a result of the Federal Fair Labor Standards and Practices Act. Cities with paid fire departments will be hit with substantial tax rises. Mr. Legates attend a seminar on labor management relations relative to cities. He also polled fourteen cities of Dover size on the question of district voting. Eleven are using the same system as Dover and three had ward voting. Due to partisan politics the three cities with ward voting held a referendum which resulted in a voting system identical to the present system of Dover.
REZONING REQUEST - 766 SOUTH STATE STREET
A request was received from the L.E.B. Corporation, owner and Dr. Rafael A. Zaragoza, equitable owner, to rezone property located at 766 South State Street. Prior to amending the zoning ordinance and zoning map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Cullen, Council by a vote of seven (7) yes and one (1) absent, Mr. Biggs, adopted the following resolution and referred the request to the Planning Commission.
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP OF THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located at 766 South State Street is presently zoned for RG-3 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on January 13, 1975, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from RG-3 to RG-0 that property located at 766 South State Street, owned by L.E.B. Corporation, equitable owner being Dr. Rafael A. Zaragoza.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED DECEMBER 9, 1974
UNITED WAY OF DELAWARE
A letter was received from Mr. George H. Chabbott, General Campaign Chairman for the United Way of Delaware, thanking the City Government and Mr. Hodge for this year’s participation. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council acknowledged receipt of the letter.
DIVISION OF SOCIAL SERVICES - COMMUNITY RESOURCE LIST
A letter from Mrs. Ruth L. Vehslage, Regional Administrator for the Division of Social Services, requested that the City supply a list of services provided by the City for needy Kent Countians. Mr. Legates moved that this matter be referred to the City Manager and was seconded by Mr. Hardcastle. Motion carried.
FRIENDS OF OLD DOVER - SPORTS ACTIVITIES ON GREEN
A letter was received from G. Daniel Blagg, President of the Friends of Old Dover, asking Council to take some action to prevent large scale activities on The Green. On motion of Mr. Muir, seconded by Mr. Legates, Council referred this matter to Chief Spence.
Chief Spence commented that the present ordinances unless changed with proper posting of signs would not prevent the performance of sport activities on The Green.
Mr. Harris requested and Council so instructed the City Solicitor and Chief of Police to prepare an ordinance that would restrict activities of this type on City property such as The Green.
DOVER HERITAGE TRAIL, INC. - HOST AND HOSTESSES OF THE CITY OF DOVER.
A letter from Eunice Z. Craig requested that Council consider designating Dover Heritage Trail, Inc. as the official host and hostess of the City of Dover. On motion of Mr. Holpp, seconded by Mr. Legates, Council referred this matter to the Parks, Playgrounds and Trees Committee.
RICHARD BOAMAN - REQUEST TO COVER PARKING METERS
Mr. Roe informed Council that Mr. Richard Boaman had requested permission to cover two parking meters in front of his business on Loockerman Street with a display sign stating “Courtesy of Boaman’s Gift Shop.” Mr. Boaman would pay the City for all hours according to ordinance and would not restrict parking to his customers only. The time period would end after the Christmas Season. On motion of Mr. Hardcastle, seconded by Mr. Muir, Council by a vote of six (6) yes, and one (1) no, Mr. Legates and one (1) absent, Mr. Biggs, granted the request of Mr. Boaman.
On motion of Mr. Harris, seconded by Mr. Muir, Council authorized Mr. James to grant similar permission to other downtown merchants if requested.
PARCELS OF LAND - CITY OWNED
Mr. Harris asked if any progress had been made on compiling a list of small parcels of land owned by the City and adjacent to private property. These parcels are to be advertised and sold to the highest bidder. Mr. James replied that the list was not complete but those known parcels that the City wanted to sell could be advertised.
COUNCIL ADJOURNED AT 8:20 P.M.
An Executive Session convened at 8:30 P.M. and adjourned at 8:50 P.M.
                                                                        WILLIAM H. WILLIS
                                                                        CITY CLERK
All orders, ordinances and resolutions adopted by Council at their meeting of December 9, 1974, are hereby approved.
                                                                        CRAWFORD J. CARROLL
                                                                        MAYOR
December 12, 1974