REGULAR MEETING
March 12, 1984
The Regular Meeting of Council was held on March 12, 1984 at 7:30 p.m. with Mayor Carroll presiding. Those present were Messrs. Richter, Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll added two letters of correspondence to the agenda; one letter from The Friends of Dover and a second letter from the U.S. Department of Housing and Urban Development.
Mr. Boaman requested that an executive session be added to the agenda to discuss personnel matters.
Mayor Carroll added a letter to the agenda from Storer Cable Communications concerning additional coverage of Council Meetings.
Council unanimously approved the agenda as amended.
STORER CABLE COMMUNICATIONS - TELEVISION COVERAGE OF COUNCIL MEETINGS
A letter was received from Mr. Dick Clark, General Manager of Storer Cable Communications, in response to a request of Council, made during their Regular Council Meeting of February 27, 1984, for increased television coverage of Regular Council Meetings. It was the feeling of Council that coverage of both monthly Council Meetings would create more continuity of progress to viewers on matters that are considered by Council.
In his letter, Mr. Clark stated his pleasure that the coverage is being received favorably by the viewing public and his willingness to attempt to cover all Regular Council Meetings of the City of Dover. He did request, however, that Mayor and Council be understanding if demands on their public access facilities cause Storer to revert back to covering only one (1) monthly meeting either temporarily or permanently.
Mr. Witt moved for acknowledgment of the letter, requesting that the City Clerk extend the appreciation of the Mayor and Council to Mr. Clark for his consideration of the matter. The motion was seconded by Mr. Hardcastle and unanimously carried.
RESOLUTION - STORER CABLE TELEVISION
Mr. Witt moved for adoption of the following resolution, seconded by Mr. Shevock and carried by a unanimous roll call vote:
WHEREAS, Storer Cable Television initiated filming of the second Council Meeting of each month in the fall of 1981; and
WHEREAS, coverage of these meetings has created unprecedented interest with the citizens of the City of Dover and Kent County; and
WHEREAS, the Mayor and Council feel that coverage of both regular Council Meetings on the second and fourth Mondays of each month would better inform the public of all matters considered by the legislative body.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Mayor and Council requests consideration of Storer Cable Television to initiate coverage of all regular Council Meetings of the month which would offer greater continuity of matters that confront the elected officials of the City of Dover.
ADOPTED: MARCH 12, 1984
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 27, 1984
The Minutes of the Regular Council Meeting of February 27, 1984 were unanimously approved by motion of Mr. Witt, seconded by Mr. Boaman and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING OF LAND LOCATED ON ROUTE #113, SOUTH OF KINGS CLIFFE MOBILE HOME PARK, OWNED BY RICHARD THOMAS, T/A KINGS CLIFFE MOBILE HOME PARK
A public hearing was duly advertised for this time and place to consider rezoning land located on Route #113, south of Kings Cliffe Mobile Home Park, consisting of 8.6277 acres, owned by Richard Thomas, t/a Kings Cliffe Mobile Home Park.
Mayor Carroll declared the hearing open.
Attorney Roy Shiels, representing the owner, Mr. Richard Thomas, was present to answer any questions relating to the requested rezoning.
The Planning Commission unanimously recommended approval of the rezoning and there was no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Weyandt moved for approval of the rezoning, seconded by Mr. Boaman, and by a unanimous roll call vote, Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON ROUTE #113, SOUTH OF KINGS CLIFFE MOBILE HOME PARK.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-20 to C-4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-20 to C-4 on that property located on Route #113, south of Kings Cliffe Mobile Home Park, owned by Richard Thomas, t/a Kings Cliffe Mobile Home Park.
ADOPTED: MARCH 12, 1984
ANNEXATION REFERENDUM RESULTS - NORTH DUPONT HIGHWAY
The Assistant City Clerk submitted the following results of an annexation referendum that was held on March 2, 1984, as certified by sworn County election officials:
Referendum #1 - North duPont Highway - Porter Property Only - Containing approximately 10.34 acres
1 vote FOR annexation - 0 votes AGAINST annexation
Referendum #2 - North duPont Highway - Porter Property and Others - Containing approximately 20.25 acres
2 votes FOR annexation - 10 votes AGAINST annexation
Mr. Christiansen moved for acceptance of the results of the annexation referendums, seconded by Mr. Witt and unanimously carried.
ANNEXATION - RUTH R. PORTER PROPERTY - NORTH DUPONT HIGHWAY
Mr. Witt moved for annexation into the corporate limits of the City of Dover that property located on North duPont Highway, owned by Ruth R. Porter, containing approximately 10.34 acres of land. The motion was seconded by Mr. Hardcastle and by unanimous roll call vote, Council adopted the following resolution:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes 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 deem it in the best interest of the City of Dover to include an area in north Dover and north of the present City limits, and hereinafter 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 of 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 therein shall be annexed to and included within the limits of the City of Dover:
ALL that certain parcel of land in East Dover Hundred, Kent County, Delaware, contiguous to the boundary of the City of Dover, lying on the westerly side of U.S. Route 13, its westerly right-of-way line being the present boundary of the City of Dover, being north of lands of Carlisle Hotel Corp. and lands of DiAntonio and Rebak, and south of lands of Delaware Technical and Community College and others, and being more particularly described as follows:
Beginning at a point in the westerly line of U.S. Route #13 being the northeast corner of lands of Carlisle Hotel Corp., and the southeast corner of these lands being the former “Trailer Village” site; thence, with the line separating these lands from lands of Carlisle Hotel Corp. and lands of DiAntonio and Rebak, the following courses and distances:
1.S 52° W, about 1070' to a point, corner for this parcel and the former “Loumar” site;
2.Approximately S 24° 05' E, about 238.5';
3.By the line of an old stream, a tie line of approximately S 83° 52' W, about 340', to a point in line of lands of Delaware Technical and Community College;
Thence, with line of lands of said College, the following courses and distances:
1.N 25° 54' 13" W, 417.00';
2.N 67° 26' E, 367.32';
3.N 25° 25' 37" W, about 134.37' to a point in line of lands of said College corner for lands of Porter, and lands now or late of Learned;
Thence, with the line of lands of Porter, included in this parcel, and lands of others, the following courses and distances:
1.N 52° 05' E, about 471';
2.S 37° 55' E, about 192.15';
3.N 52° 05' E, about 475' to a point in the westerly line of U.S. Route 13;
Thence, with the westerly line of U.S. Route 13, S 37° 55' E, about 197.15' to the point and place of beginning.
Containing 10.34 acres, more or less (0.016 square miles).
2. That the 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 13th day of March 1984 at 12:01 A.M. o’clock.
ADOPTED: MARCH 12, 1984
SECOND REVIEW - VOTER REGISTRATION PURGE LIST - 1984
The second and final review of the Voter Registration Purge List was reviewed by Council.
Responding to a question by Mr. Weyandt, the Assistant City Clerk stated that letters, sent by regular mail, are distributed to those persons being purged for non-voting. It was noted that information for the purge is derived from City of Dover voting records and from the Kent County Election Commissioners Office, which notifies the City Clerk’s Office of any persons known to have moved out of the state and of deceased persons.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, Council unanimously approved the list as submitted.
APPOINTMENTS - TAX APPEALS COMMITTEE
Mayor Carroll submitted the names of the members of the Legislative and Finance Committee, Councilmen Boaman, Shevock and Weyandt, to serve on the Tax Appeals Committee that will sit on April 9, 1984 between the hours of 1:00 p.m. and 4:00 p.m. for the convenience of property owners.
Mr. Witt moved for approval of the appointments, seconded by Mr. Christiansen and unanimously carried.
ADOPTION OF PERSONNEL POLICY - EMPLOYEE HANDBOOK
The Legislative and Finance Committee reviewed the entire personnel policy during their meetings of January 19th and February 22nd. Mr. Boaman submitted the recommended deletions and replacements to the policy, as follows:
1. Page 1 Section 3 Paragraph (f) - (Employee Definitions)
Delete: “Any month in which an employee for at least one half of the work days is either in active pay status or on Workman’s Compensation Leave.”
Replace with: “Any month in which an employee for all the workdays either works, is on approved leave with pay, is on Workman’s Compensation leave or any combination of these.”
It was the recommendation of the committee (with Mr. Boaman voting no) that the change be made as aforementioned.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Witt. By a roll call vote of four (4) yes, four (4) no (Mr. Richter, Mr. Boaman, Mr. Hardcastle and Mr. Christiansen) the motion was defeated thereby making no change in Section 3 (f) of page 1.
2. Page 5 Section 9 - (Employee Definitions)
Add the following sentence to the last paragraph on page 5.
“No employee will be authorized to work overtime except when necessary in the interest of the City on the same day that the employee has spent time on leave with pay.”
It was the recommendation of the committee that the above sentence be added to the last paragraph on page 5.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Hardcastle. The motion was approved by a unanimous roll call vote.
3. Page 5 Section 9 Paragraph (d) - (Compensatory Time)
Delete: “. . . unless extended by the City Manager.”
Mr. Boaman stated that it was the recommendation of the committee (with Mr. Boaman voting no) that the words “unless extended by the City Manager” be deleted.
In explanation of his negative vote on some of the issues, Mr. Boaman explained that he is opposed to taking away the powers of the City Manager to deal effectively with his employees. It was Mr. Boaman’s feelings that there are times when the City Manager must be given the flexibility to utilize his discretion when dealing with employees.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock. The motion was approved by a roll call vote of five (5) yes, three (3) no (Mr. Richter, Mr. Boaman and Mr. Christiansen).
4. Page 7 Section 11 Paragraph (d) - (On Call Pay)
Delete: The word “may” in the third line
Replace with: The word “will”.
It was the recommendation of the committee, seconded by Mr. Shevock. The motion was approved by a roll call vote of five (5) yes, three (3) no (Mr. Richter, Mr. Boaman and Mr. Christiansen).
5. Page 13 Section 1 - (Workweek/Workday)
Delete: “Hourly with overtime”
Replace with: “Salaried/Hourly with overtime”
It was the unanimous recommendation of the committee that the words “Hourly with overtime” on Page 13, Section 1, be replaced with the words “Salaried/Hourly with overtime”.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
6. Page 17 Section 9 - (Ordinance - Representation and Indemnification)
See Page 10.
7. Page 20 Section 3 - (Holidays - When Work Required)
Delete: “. . . unless extended by City Manager”
Mr. Boaman moved for the deletion of the words “unless extended by City Manager” from Page 20, Section 3 of the Personnel Policy, seconded by Mr. Shevock. The motion was approved by a roll call vote of five (5) yes, three (3) no (Mr. Richter, Mr. Boaman and Mr. Christiansen).
8. Page 20 Section 4 - (Vacation Leave)
Add the following to the last sentence in Section 4:
“. . . provided however an employee who converts vacation or sick leave to terminal leave shall not continue to earn vacation and/or sick leave while on terminal leave.”
It was the recommendation of the committee that the above addition be made to page 20 section 4.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock and carried by a unanimous roll call vote.
9. Page 25 Section 20 - (Insurance Premiums - Medical Leave of Absence)
Add the following sentence to the last paragraph in Section 20:
“Unless the leave is for an employee illness or disability in which case the employee is only required to pay the premium amount normally deducted from the employees pay check.”
The committee recommended the addition of the abovementioned paragraph.
Mr. Boaman moved for approval of the committee recommendation, seconded by Mr. Shevock and by a unanimous roll call vote, the motion was approved.
10. Page 26 Section 22 Paragraph (d) - (Terminal Leave - Retirement)
Add the following sentence to the end of paragraph (d):
“. . . unless waived by either the Civilian or Police Pension Committee.”
It was the recommendation of the committee that the addition, as outlined above, be initiated in the plan.
Mr. Boaman moved for approval of the committee recommendation, seconded by Mr. Shevock, and by a unanimous roll call vote the motion was approved.
11. Page 27 Section 25 - (Bereavement Leave)
Mr. Shevock disagreed with the present policy of listing “immediate family” to include such a broad scope of family members, such as including half, step, in-law, foster and adopted relationships in the definition. He felt that this type of policy allows too much possibility for abuse.
Mr. Weyandt agreed, suggesting that the definition stop after the word “grandchildren”.
Mr. Boaman did not disagree with the suggestion but felt that the City Manager should be given the authority to decide if any situation warrants an employee being granted bereavement leave in the case of an adopted child, step-mother, half-brother, etc.
Mr. Shevock moved that page 27, section 25, concerning bereavement leave be amended to include, “Immediate family shall be deemed to include spouse, mother, father, guardian, children, sister, brother, grandparents, grandchildren.” The motion was seconded by Mr. Weyandt.
Mr. Boaman moved to amend the motion to include the authority of the City Manager to authorize bereavement leave to an employee who may be affected with circumstances involving the death of a half, step, in-law, foster and/or foster relation, feeling that some discretion must be left to the City Manager to decide on bereavement leave in a case involving special circumstances; i.e. death of adopted child, step-mother, etc. The motion was seconded by Mr. Shevock and failed by a vote of five (5) no, three (3) yes (Mr. Richter, Mr. Boaman and Mr. Hardcastle).
The main motion passed by a roll call vote of seven (7) yes, one (1) no (Mr. Boaman).
12. Page 28 Section 26 - (Education)
Add the following paragraph to this section.
“An employee who takes advantage of this policy and receives reimbursement thereof shall be required to complete at least one (1) continuous year of employment with the City upon receiving reimbursement or shall have said amount deducted from his/her final paycheck.”
Mr. Boaman moved for approval of the addition of the abovementioned paragraph, seconded by Mr. Shevock. The motion was approved by a unanimous roll call vote.
13. Page 29 Section 29 - (Meal Periods)
Stemming from citizen complaints, Mr. Shevock suggested having defined lunch hours for all City employees. He alluded to complaints that employees always appear to be on their lunch hours and the difficulty in ascertaining the truth of such claims when no one knows when an employee is scheduled for lunch. He cited the present practice of departments taking all different times for lunch, some having one hour lunch breaks and some having half hour breaks.
It was his suggestion that a particular time of the day be set aside for lunch breaks for all City employees.
Mr. Bartolotta explained that it is his desire to have every department manned at all times, which requires staggered lunch hour breaks. The idea of every employee taking a lunch break at the same time would mean the closing down of departments/offices during the lunch hour and would prove most inconvenient to City of Dover residents who utilize their lunch hour to take care of City business.
Responding to a question by Mr. Shevock, Mr. Bartolotta stated that it is the responsibility of the supervisor to police the lunch hours of his/her employees to be sure that the break is not being abused and he recommended that this practice be continued.
Mr. Bartolotta reiterated the difficulty in having set lunch hours when so many employees and departments are involved, with many having a different schedule of work hours.
Mr. Shevock moved that page 29, section 29, be amended to include “defined lunch hours” for all City employees, seconded by Mr. Tudor.
The motion failed by a roll call vote of six (6) no, two (2) yes (Mr. Weyandt and Mr. Shevock).
14. Page 30 Section 5 - (Retirement Age)
Delete: “All City personnel. . .”
Replace with: “All City personnel other than sworn police officers. . .”
Add the following paragraph to this section:
“Sworn police officers shall retire in accordance with the policies governing same setforth in Section 18-25 of the Police Pension Plan.”
Mr. Boaman moved for approval of the replacement and addition to page 30 section 5 as described above, seconded by Mr. Shevock and carried by a unanimous roll call vote.
15. Page 36 Section 2 - (Retirement Benefits)
Delete: “The City shall make available to permanent employees a deferred compensation plan whereby. . .”
Replace with: “The City shall make available through its membership in the International City Management Association Retirement Corporation a deferred compensation plan for permanent employees whereby. . .”
Mr. Boaman moved for approval of the change to page 36 section 2 as described above, seconded by Mr. Shevock and unanimously carried.
16. Page 39 - Section 4 - (Effective Date of Plan)
See Page 1.
17. Page G-2 Section C Paragraph 4 - (Inclement Weather)
Delete: “. . . may be required, at the discretion of the Supervisor. . .”
Replace with: “. . . shall be required. . .”
Mr. Boaman explained that the present policy calls for “An employee who calls in sick during inclement weather, may be required, at the discretion of the Supervisor, to provide a doctor’s certificate to substantiate charging the absence to sick leave.”
The proposal would take away the discretion of the supervisor of requiring a doctor’s certificate and would become a requirement for all employees.
Mr. Boaman expressed his dissatisfaction of Council becoming involved in administrative employee matters. He felt that only the City Manager or the immediate supervisor would be in the position of knowing if circumstances surrounding a particular employee’s absence would warrant requiring a doctor’s certificate for illness. Mr. Boaman did not feel that this was a matter in which Council should become involved.
Mr. Shevock disagreed, feeling that any employee who did not show up for work on a snow day should be required to substantiate an illness through a doctor’s certificate.
Mr. Christiansen stated his feeling that there are times, disregarding weather conditions, when an employee is ill enough to stay home from work but not to the extent of requiring a doctor’s attention.
Mr. Boaman moved for approval of the recommended change to delete “may be required at the discretion of the Supervisor” with “shall be required”, as recommended above. The motion was seconded by Mr. Shevock and defeated by a roll call vote of seven (7) no, one (1) yes (Mr. Shevock).
18. Page G-2 Section B Paragraph 3 - (Inclement Weather)
Delete: “. . . as an option of a Supervisor”
Noting that action in this sections ties in with item #17 (Page G-2 Section C Paragraph 4) as above, Mr. Boaman stated that no action was required.
19. Page G-3 Section C Paragraph 4 - (Inclement Weather)
Delete: “. . . will be considered to be on such leave status and time will be reported as absence with pay.”
Replace with: “. . . will remain on such leave status.”
Mr. Boaman moved that page G-2 Section C Paragraph 4 be amended to delete “. . . will be considered to be on such leave status and time will be reported as absence with pay” and will be replaced with “. . . will remain on such leave status”.
The motion was seconded by Mr. Hardcastle and carried by a unanimous roll call vote.
6. Page 17 Section 9 - (Representation and Indemnification)
Delete: Entire Section 9
Replace with: Ordinance on Representation and Indemnification
Mr. Boaman presented an ordinance as drafted by the City Solicitor to amend the City Code by adding a new section, to be designated “Section 2-6. Mayor, Councilmen and Employees - - Representation and Indemnification”.
Mr. Boaman moved for approval of the following ordinance, seconded by Mr. Witt and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover City Code is hereby amended by adding a new section to be designated Sec. 2-6 to read as follows:
SEC. 2-6. Mayor, Councilmen and Employees - - Representation and Indemnification.
A. Representation. The Mayor, Members of Council and employees, in any criminal or civil action against them arising from their official duties or from acts which were within the scope of employment and were not performed with wanton negligence or willful and malicious intent and do not arise out of official misconduct, bribery, robbery, receiving unlawful gratuities or other abuse of office or employment shall be entitled to have the City Solicitor appointed to represent their interest in the matter. Representation by the City Solicitor shall be without charge to the person. The City Solicitor shall represent the perso