Annual City Council Meeting
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Feb 11, 1974 at 12:00 AM

ANNUAL ORGANIZATIONAL MEETING

February 11, 1974

The Annual Organizational Meeting of City Council was held on Monday, February 11, 1974 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 the Reverend J. H. Williams, Council Chaplain.

The Honorable William Bush, Judge of the Superior Court, administered the Oath of Office to the following recently elected members of Council for a two-year term.

                                    Mayor                         Crawford J. Carroll

                                    Second District           Douglas L. Harris

                                    Third District              James P. Muir

                                    Fourth District            William A. Hayes

                                    First District               A. Barratt Cullen, Jr.

HOLMES RESOLUTION

On motion of Mr. Biggs, seconded by Mr. Hayes, Council at this time thanked Mr. Albert W. Holmes for his service on the City Council and adopted the following resolution.

WHEREAS, Albert W. Holmes was appointed to Dover City Council to take the seat of Randolph Hughes who died in office, that appointment being effective June 22, 1970; and

WHEREAS, Albert W. Holmes has served as a member of Council until February 11, 1974; and

WHEREAS, during his term of office as a Dover City Councilman, Albert W. Holmes served the City ably and faithfully and he served on various Council Committees such as Parks and Recreation and Safety Advisory; and

WHEREAS, Albert W. Holmes has decided not to run for his Council position again due to the pressures of his private business, and therefore, is nor longer a member of Council.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council express their regret at the decision of Albert W. Holmes not to seek re-election to his former Council seat.

2. That the Mayor and Council of the City of Dover hereby express their appreciation to Albert W. Holmes for his faithful and able service as a Councilman from June 22, 1970, to February 11, 1974.

3. That the Clerk shall make this Resolution a permanent record of the City of Dover.

ADOPTED FEBRUARY 11, 1974

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 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 8:30 P.M.

ELECTION OF OFFICERS

On motion of Mr. Hayes, seconded by Mr. Biggs, Councilman Holpp was elected Vice-Mayor for the year of 1974.

On motion of Mr. Legates, seconded by Mr. Hayes, William H. Willis was elected City Clerk and City Treasurer.

On motion of Mr. Harris, seconded by Mr. Cullen, William H. Willis was elected City Alderman.

On motion of Mr. Walls, seconded by Mr. Hayes, Nicholas H. Rodriguez was re-elected City Solicitor.

On motion of Mr. Biggs, seconded by Mr. Hayes, Jack T. Roe was re-elected Fire Marshal.

COMMITTEE APPOINTMENTS

On motion of Mr. Muir, seconded by Mr. Legates, Council confirmed the following Committee appointments as recommended by Mayor Carroll.

PARKS, PLAYGROUNDS AND TREES COMMITTEE: Chairman Walls, Harris, Cullen, Mr. Patrick Knight and Mr. James Hardcastle.

SAFETY ADVISORY COMMITTEE: Chairman Walls, Harris and Cullen.

UTILITY COMMITTEE: Chairman Holpp, Biggs, Muir and Mayor Carroll.

WAGES AND HOURS, LEGISLATIVE AND FINANCE COMMITTEE: Chairman Hayes, Biggs, and Legates.

BUILDING, HOUSING AND PLUMBING CODE COMMITTEE: Chairman Biggs, Hayes and Legates.

CITY OF DOVER PENSION BOARDS: Councilman Walls.

BOARD OF ADJUSTMENT: Mayor Carroll, City Solicitor Rodriguez, City Engineer Joseph,

COMMITTEE OF COMMITTEES: Messrs. Walls, Holpp, Hayes, Biggs (Chairman from each Committee).

Building Code

Appeals Committee: Chairman William T. James, City Manager, Mr. Hayes and Mr. Legates.

MINUTES

The minutes of the regular meeting of City Council held on January 28, 1974, were accepted and bore the written approval of Mayor Carroll.

REPORTS

Chief of Police report for month of January was accepted.

Building Inspector and Fire Marshal Report for month of January was accepted.

City Planner Report for month of January was accepted.

Annual Report of the Fire Marshal and Building Inspector for the year 1973 was accepted.

Annual Report of the City Planner for the year of 1973 was accepted.

City Alderman Report for the month of January was accepted, fines in the amount of $820 were remitted.

Cash Receipts, General Fund, for the month of January were accepted.

Budget Report, General Fund, for the month of December was accepted.

Cash Receipts, Electric Revenue Fund, for the month of January was accepted.

Cash Receipts, Electric Improvement Fund, for the month of January was accepted.

City Manager’s Report for the month of January was accepted.

DELAWARE TECHNICAL AND COMMUNITY COLLEGE, KENT CAMPUS ANNEXATION

On motion of Mr. Holpp, seconded by Mr. Hayes, Council by unanimous roll call vote adopted the following resolution.

A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE NORTH WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, a recent amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include an area adjacent to the City limits and being located on the south side of Route 100, formerly the Zimmerman Farm, more particularly described within the limits of the City of Dover, and

WHEREAS, an election as above mentioned was held during the 127th General Assembly, Special Session 1973 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and

WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt the resolution annexing said territory and including same within the limits 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 following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded herein shall be annexed to and included within the limits of the City of Dover:

ALL those certain lots, pieces or parcels of land lying and being situated contiguous to the City of Dover, East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:

BEGINNING at a concrete monument set on the westerly right-of-way line of US Route 13 at a corner for this tract and for lands of John Witcher (deed reference E-25-343), said point beginning being S. 37 degrees 55' E. of and 1117.9' from the intersection of the westerly right-of-way line of US Route 13 with the southerly right-of-way line of County Road #100; thence running from said point of beginning and running with the westerly right-of-way line of US Route 13 S 37 degrees 55' E. a distance of 249.00 feet to another concrete monument set on said westerly right-of-way line at a corner also for The First Pentecostal Church (deed reference D-25-61), thence running with the said Church lands the following four courses: S. 52 degrees 05' W. a distance of 600.00 feet; thence S 32 degrees 13' E. a distance of 201.00'; thence S. 37 degrees 57' E. a distance of 230.00 feet; thence N. 52 degrees 05' E. a distance of 20.00 feet to a concrete monument set at a point along the land of Charles Fountain; thence with the Fountain land S. 37 degrees 26' 55" E. a distance of 196.72 feet to a concrete monument set along the lands of Lewis Learned; thence along the lands of Learned the following two courses: S. 61 degrees 38 feet 52" W. a distance of 257.00 feet; thence S. 25 degrees 25' 37" E. a distance of 613.47 feet to a large oak tree, a corner also for Trailer Village, Inc.; thence with the lands of Trailer Village, Inc. the following two courses: S. 67 degrees 26" W. a distance of 367.32 feet, to a concrete monument; thence S. 25 degrees 54' 13" E. a distance of 417.00 feet to a concrete monument set along the lands of Louis Reback, et ux and Mario R. DiAntonia, et ux (deed reference S-24-106) said point being near the head of a wooded swamp; thence running in or near the center of said swamp and in part along the lands of Reback and DiAntonia and in part along the lands now or formerly of M. A. Frazier S. 36 degrees 38' 51" W. a distance of 1400.27 feet to a point in the center of the Dover River, said line passing over a concrete monument set on the northeasterly side of said river; thence running with the center of said Dover River in a northwesterly direction 2700 feet more or less to a point in the center of said river and on the easterly right-of-way line of County Road #100; thence running with the easterly line of Road #100 N. 17 degrees 10' W. a distance of 359.87 feet to a point of curvature in said right-of-way line; thence continuing with the said right-of-way line and curving to the right on the arc of a circle with a radius of 1120.92 feet an arc distance of 374.98 feet to a point of tangency in said right-of-way line; thence continuing with right-of-way line N. 2 degrees 00' E. a distance of 332.52 feet to another point of curvature in said line; thence curving to the right on the arc of a circle with a radius of 261.48 feet an arc distance of 273.20 feet to a point of tangency in said right-of-way line; thence continuing with which is now the southerly right-of-way line of County Road #100 N. 61 degrees 52' E. a distance of 927.48 feet to an angle in said line; thence N. 62 degrees 12' E. a distance of 467.06 feet to a concrete monument set on said right-of-way line at a corner also for the lot of Katherine Cote; thence leaving said right-of-way line of County Road #100 and running in part with the Cote lot and in part with the land of John Witcher S. 27 degrees 45' E. a distance of 260.00 feet to a concrete monument set at an angle point in the line of the tract herein described and the lands of John Witcher (200 feet of this last course is adjacent to a permanent easement granted to John Witcher and described in Deed Book R, Volume 23, Page 388) (see also Confirmatory Deed in Book E, Volume 25, Page 343) said easement having a width of 20 feet and extending southerly from the southerly right-of-way line of Road #100 a distance of 200 feet); thence running from the aforesaid concrete monument and along the land of John Witcher S. 25 degrees E. a distance of 857.57 feet to a concrete monument at a corner also for John Witcher; thence continuing with the Witcher land N. 61 degrees 05' an area of 139.33 acres more or less, and the bearings herein described being based on the magnetic force observed by Fred C. Ruyter, Registered Land Surveyor, of Dover, Delaware, during a previous survey made in August of 1971.

TOGETHER with the following described rights-of-way lying and being in East Dover Hundred, Kent County and the State of Delaware and being more particularly described as follows, to wit:

1. All that right-of-way of US Route 13 beginning at the northerly property line of lands of the State of Delaware now used by the Delaware State Police and in a northerly direction to the northerly right-of-way line of Road 100 known as the DuPont Road.

2. All that right-of-way of Road 100 beginning at the westerly right-of-way line of US Route 13 and continuing in a westerly direction to the westerly right-of-way line of Road 156 known as the McKee Road.

      be the contents what they may.

2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.

3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.

4. That the effective date of this resolution shall be the 12th day of February, 1974 at 12:01 A.M. o’clock.

ADOPTED FEBRUARY 11, 1974

J. P. COURT #7 REPORT - JANUARY

The monthly report for the J. P. Court #7 for the month of January was received with a check in the amount of $7,665.25. Deferred payments due the City of Dover as of January 31, 1974, amounted to $29,293.28. On motion of Mr. Hayes, seconded by Mr. Walls, Council accepted the report as presented.

BUS CONTRACT

Bids were received from seven (7) applicants for the Bus Contract on February 8, 1974. On motion of Mr. Hayes, seconded by Mr. Harris, the contract was awarded to Holden & Mundy at the bid price of four (4) buses for $44,796.00 with a roll call vote of seven (7) yes and one (1) abstain, Mr. Walls.

PARKS, PLAYGROUNDS AND TREES COMMITTEE

A written report of the Parks, Playgrounds and Trees Committee held on January 29, 1974, was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Biggs, Council accepted the report as presented.

SAFETY ADVISORY COMMITTEE

A written report of the Safety Advisory Committee held on January 19, 1974, was presented by Chairman Walls. On motion of Mr. Legates, seconded by Mr. Biggs, Council accepted the report as presented.

GROUND TANK ORDINANCE

On motion of Mr. Muir, seconded by Mr. Hayes, Council adopted the following ordinance on above ground storage tanks.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. Section 14-3 of the Dover City Code is amended by striking the same in its entirety and by inserting in its place the following new Section 14-3.

      SECTION 14-3. Districts where flammable liquids in outside above-ground tanks are prohibited.

a. Limits in which outside above-ground tanks are prohibited. The limits referred to in Section 16.22 of the Fire Prevention Code in which storage of flammable liquids in outside above-ground tanks or containers is prohibited are established as follows: Such tanks shall be confined to the M (manufacturing) Zone and IPM Zone (Industrial Park Manufacturing) as defined and located by the City of Dover Zoning Ordinance and in these two zones such tanks or containers shall be permitted above the ground only for the purpose of providing fuel for the operation or production of the plant or factory located on said property which is being maintained as a permitted use in said zone. The location of the tank or container must be approved as to location by the Planning Commission in accordance with site development plans.b. Limits in which bulk plants are prohibited. The limits referred to in Section 16.51 of the Fire Prevention Code in which new bulk plants for the storage of flammable or combustible liquids in above-ground tanks or containers are prohibited shall be within the entire boundaries of the City of Dover.

ADOPTED FEBRUARY 11, 1974

CITY ALDERMAN RESOLUTION

On motion of Mr. Hayes, seconded by Mr. Legates, the following resolution was adopted by Council.

WHEREAS, in the past the City of Dover has relied upon enforcing its Ordinances in Justice of the Peace Court No. 7; and

WHEREAS, although the City of Dover has an Alderman who has the power to enforce City Ordinances, his duties in the past have been confined to the enforcement of parking meter violations; and

WHEREAS, the present City Alderman also holds the position of Clerk and Treasurer and his other duties do not allow him to try any volume of cases other than what he is handling at the present time; and

WHEREAS, the Court Administrator for the Justice of the Peace Courts has recently ruled that these Courts have no jurisdiction to hear City Ordinance violations because of the provision of the new Criminal Code; and

WHEREAS, the Court of Common Pleas for Kent County has recently ruled that it has no jurisdiction to hear City of Dover Ordinance violations because of the provision of the new Criminal Code; and

WHEREAS, the City of Dover at the present time has no court in which it may enforce its City Ordinances; and

WHEREAS, it has been the intent of this State to encourage the prosecution of City Ordinance violations in Justice of the Peace Courts as opposed to trying the same in Alderman’s Courts; and

WHEREAS, legislation has been introduced in the General Assembly to correct the provisions of the new Criminal Code thereby allowing Justice of the Peace Courts and the Court of Common Pleas to hear City Ordinance violations.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That the Mayor and Council express to the members of the General Assembly of the State of Delaware, their plea to have legislation enacted immediately which will correct the provisions of the new Criminal Code and which permit Justices of the Peace and the Court of Common Pleas for Kent County to hear City of Dover Ordinance violations.

2. That unless this action is taken forthwith by the General Assembly, the City of Dover will have no place to try City Ordinance violations other than before the Alderman and, therefore, cannot enforce its City Ordinances. This will mean that important building and plumbing code violations; restaurant and health violation; and other important public safety violations in the City of Dover will be difficult to enforce until this situation is corrected by the General Assembly of the State of Delaware.

ADOPTED FEBRUARY 11, 1974

RICHARDSON, SHELTON AND PERSIMMON TREE LANE ANNEXATIONS

The Election Officials of the Kent County certified to Council the results of the referendums held on Wednesday, January 30, 1974, in the area of Richardson Farm, Chestnut Grove Area and Persimmon Tree Lane as follows:

                                                            ASSESSED VALUE             ONE MAN, ONE VOTE

1. Richardson Farm                                                                                         

      FOR ANNEXATION                              1,250                                        6

      AGAINST ANNEXATION          None                           None

2. Shelton Annexation (Chestnut Grove) 

      FOR ANNEXATION                              106                                           0

      AGAINST ANNEXATION                     513                                           22

3. Persimmon Tree Lane (Bay Country Realty)

      FOR ANNEXATION                              248                                           18

      AGAINST ANNEXATION                     600                                           848

On motion of Mr. Walls, seconded by Mr. Holpp, Council by unanimous roll call vote accepted the results of the referendums as certified above.

RICHARDSON FARM ANNEXATION

On motion of Mr. Harris, seconded by Mr. Biggs, Council by unanimous roll call vote adopted the following resolution.

A RESOLUTION APPROVING THE INCLUSION OF AN AREA ADJACENT TO THE CITY OF DOVER ON THE SOUTH WITHIN THE LIMITS OF THE CITY OF DOVER.

WHEREAS, a recent amendment to the Charter of the City of Dover authorized the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and

WHEREAS, the Mayor and Council of the City of Dover deemed it in the best interest of the City of Dover to include an area adjacent to the City limits and being located in the north of the City of Dover more particularly described within the limits of the City of Dover, and

WHEREAS, an election as above mentioned was held on the 30th day of January 1974 for the purpose of submitting the question of annexation of the following described area to the persons entitled to vote thereon, and

WHEREAS, the aforementioned Amendment to the Charter of the City of Dover provides that if a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council shall thereupon adopt a resolution annexing said territory and including same within the limits 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 following described area situated in East Dover Hundred, Kent County, State of Delaware and more particularly described and bounded herein shall be annexed to and included within the limits of the City of Dover:

ALL those certain pieces, parcels or tracts of land lying and being adjacent to the City of Dover in East Dover Hundred, Kent County and State of Delaware and being more particularly described as follows, to wit:

ALL that tract of land known as the Richardson Farm and bordered on the south by the northerly right-of-way line of Walker Road, on the west in part and on the north in part by lands of the Capital School District and bordered on the northeasterly side by the high water mark of Silver Lake and on the east by lands of Richardson Park, be the contents what they may.

2. That a certified copy of the resolution of annexation together with a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County.

3. That the above described area so annexed and included within the limits of the City of Dover shall be for all purposes beginning with the effective date of this resolution be a part of the City of Dover.

4. That the effective date of this resolution shall be the 12th day of February 1974 at 12:01 A.M.

ADOPTED FEBRUARY 11, 1974

POLICE PENSION BOARD

An election was held by the members of the Police Dept. and Lieutenant William H. Knotts and Sergeant William R. Biddle were elected to serve as the two representatives to the Police Pension Board. Council acknowledged receipt of the letter and confirmed the election of the representatives.

COUNCIL CHAPLAIN

The Reverend J. H. Williams was re-appointed Council Chaplain for the year 1974.

CAPITAL GREEN DAY CARE CENTER

A letter was received from the Capital Green Day Care Center requesting $6,500 from the Revenue Sharing Monies. On motion of Mr. Legates, seconded by Mr. Walls, Council acknowledged receipt of the letter and referred the matter to the Committee of Committees for their study and recommendations.

GOLDEN OPPORTUNITY CENTER

A letter was received from the Golden Opportunity Center thanking the City Council for the allocation of $17,000 Revenue Sharing monies. On motion of Mr. Legates, seconded by Mr. Holpp, Council acknowledged receipt of the letter.

BARROS REZONING

A request was received to rezone property located on Walker Road between Saulsbury and Kenton Roads. Prior to amending the Zoning Ordinance and Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Walls, Council 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 on Walker Road between Saulsbury Road and Kenton Road is presently zoned for R-20 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 March 11, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from R-20 to RG-1 that property located on Walker Road between Saulsbury Road and Kenton Road, owned by Emanuel Barros, equitable owner being Mr. & Mrs. Anthony D. Harris, III, and containing approximately 90,720 square feet.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED FEBRUARY 11, 1974

RICHARDSON REZONING

A request was received to rezone property located on White Oak Road. Prior to amending the Zoning Ordinance and Zoning Map a public hearing is required. On motion of Mr. Legates, seconded by Mr. Walls, Council 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 on White Oak Road is presently zone for C-1 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 ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That a public hearing be held in City Hall on March 11, 1974, at 8:00 P.M. on a proposed amendment to the zoning map that would rezone from C-1 to RG-2 that property located on White Oak Road, owned by Park View Associates and containing approximately 1.98 acres.

2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.

ADOPTED FEBRUARY 11, 1974

FIRE CHIEF’S REPORT FOR YEAR OF 1973

The Fire Chief’s Report for the year of 1973 was present to Council. On motion of Mr. Legates, seconded by Mr. Hayes, Council accepted the report as presented.

COHEN - PUBLIC OPINION INSTITUTE

A letter was received from Mr. Nate Cohen, representing the Public Opinion Institute, requesting if the City had any planned Bi-Centennial Projects. This matter has been referred to the Friends of Old Dover, who are charged with the projects for the Bi-Centennial, and the Planning Commission. On motion of Mr. Biggs, seconded by Mr. Holpp, Council acknowledged receipts of the letter.

SENIOR AUTO MECHANIC

A recommendation was made by the Legislative and Finance Committee that a classification be made at a W-13 wage scale for the positions of Senior Auto Mechanic. On motion of Mr. Harris, seconded by Mr. Walls, Council accepted the recommendation of the Committees and established the Senior Auto Mechanic classification.

ENGINEER II

A recommendation was made by the Legislative and Finance Committee that a classification be made at the pay grade of G-16 for the position of Engineer II in the office of the City Engineer. On motion of Mr. Walls, seconded by Mr. Muir, Council accepted the recommendation of the Committee and established the Engineer classification at a G-16 rating.

FULL TIME CUSTODIAN

It is the recommendation of the Legislative and Finance Committee that a full time custodian be employed at such time as the new City Hall is completed. On motion of Mr. Muir, seconded by Mr. Biggs, Council accepted the recommendation of the Committee and authorized the City Manager to employ a full time custodian to assist the present part time custodian in the cleaning of the city hall buildings.

BLUE CROSS FOR RETIRED PERSONNEL

It is the recommendation of the Legislative and Finance Committee that the City of Dover pay the retired employee’s share of his Blue Cross in the same way as when he was an acting employee. However, once the employee is deceased then if the spouse wished to continue the Blue Cross coverage it must be paid out of the benefits of his or her retirement check and will no longer be paid by the City. On motion of Mr. Holpp, seconded by Mr. Biggs, Council accepted the recommendation of the Committee and directed that the City pay for the retired personnel’s portion of the Blue Cross benefits.

WILLIAM M. MURPHY, JR.

A letter was received from Mr. William M. Murphy, Jr., representing some residents of the area adjacent to the Rudnick Farm, protesting the rezoning for a shopping center. On motion of Mr. Hayes, seconded by Mr. Muir, Council acknowledged receipt of the letter.

KENT COUNTY TRANSPORTATION AUTHORITY

Mr. John McKenna addressed Council about the Kent County Transportation Authority in connection with the City of Dover. Council directed that he submit a letter requesting specifically what was required and present to Council for their action.

CITY ASSESSOR

Action tabled at the last Council meeting was brought on the floor for action due to shortage of time concerning the tax records of the City of Dover. Applications were received from 7 applicants with Mr. Hayes being the most qualified for the position. On motion of Mr. Holpp, seconded by Mr. Legates, that Mr. William A. Hayes be appointed City Assessor. The City Solicitor was questioned as to the legality of a Councilman being a City Employee. Due to conflicting interests it was determined that in order to accept the position of City Assessor Mr. Hayes would have to resign as Councilman. Mr. Hayes stated that he would accept the position of City Assessor and render his resignation as Councilman to be effective as of 12 noon February 12th 1974. Council by unanimous roll call vote of seven (7) yes and one (1) abstain, Mr. Hayes, appointed Mr. William A. Hayes, City Assessor for 1974.

COUNCIL APPOINTMENTS

Due to Mr. Hayes acceptance of the Assessor’s position Mr. Legates is appointed to replace him as Chairman of the Legislative and Finance Committee. All other vacancies will be filled at a later Council meeting.

TAX OFFICE

The City Manager was directed to fire a consulting firm to update the records of the Tax Office in order to meet the March 1, 1974 deadline by a motion of Mr. Cullen, seconded by Mr. Harris.

COUNCIL ADJOURNED AT 9:44 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council at its meeting of February 11, 1974, are hereby approved.

                                                                        CRAWFORD J. CARROLL

                                                                        MAYOR

FEBRUARY 21, 1974