REGULAR MEETING
July 11, 1983
The Regular Meeting of Council was held on July 11, 1983 at 7:30 p.m. with Mayor Carroll presiding. Councilman 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
Mr. Weyandt requested an agenda item to discuss the format used for employee travel notification to Council.
Mr. Christiansen requested that item #6 (Discussion on townhouse situation in Dover) and item #8 (Mutual Aid Contracts for City Paramedic Unit and Surrounding Volunteer Ambulance Companies) be deleted from the agenda.
Mr. Richter requested an additional agenda item for the awarding of the Puncheon Run Bids and an item to discuss the Robbins Hose Company Volunteer Call System.
Mr. Boaman requested an additional agenda item to discuss parking problems in Downtown Dover.
Council unanimously approved the agenda additions/deletions.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 27, 1983
The Minutes of the Regular Council Meeting of June 27, 1983 were unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING - NORTHEAST OF LUTHERAN SENIOR SERVICES OF DOVER, INC. AND SOUTHEAST OF OAK LANE - J.G. SMITH, JR. ESTATE
A public hearing was duly advertised for this time and place to consider rezoning property located northeast of Lutheran Senior Services of Dover, Inc. and southeast of Oak Lane, owned by J.G. Smith, Jr. Estate.
Mayor Carroll stated that a letter was received from Richard L. Hurst, Executive Director of Luther Towers (equitable owners for the property) requesting that the rezoning request be withdrawn.
Mr. Witt moved to accept the letter of withdrawal of the rezoning request, seconded by Mr. Weyandt and unanimously carried.
PUBLIC HEARING - REZONING - MONROE TERRACE, BETWEEN DOVER STREET AND WAPLES AVENUE - WILLIAM G. BUSH, III
A public hearing was duly advertised for this time and place to consider rezoning property located on Monroe Terrace, between Dover Street and Waples Avenue, owned by William G. Bush, III.
Mayor Carroll informed Council of a letter received from William G. Bush, III requesting that the requested rezoning application be withdrawn.
Mr. Weyandt moved to accept the letter of withdrawal of the request for rezoning, seconded by Mr. Hardcastle and unanimously carried.
Mr. Christiansen requested that the petition submitted from residents of the Monroe Terrace area opposing the above mentioned rezoning request be made a part of the record.
Mr. Christiansen moved to acknowledge receipt of the petition, seconded by Mr. Witt and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on July 6, 1983 at 3:00 p.m. with Chairman Boaman presiding.
North Dover Civic Association - Request to Use City Seal on License Plates
The committee considered a request from the North Dover Civic Association to use the City Seal on license plates, similar to present license plates depicting the State of Delaware Seal. The proposed license plates would be sold in hopes of spreading civic pride throughout the community.
The committee received a letter from Deputy City Solicitor Catts recommending that the City not authorize use of the Seal for a request of this nature, feeling that granting this request could appear as though the City has given authority for any of the actions of the Civic Association but would have no control over the Association. It was also felt that granting this request would set a precedent for any future requests.
Based on the recommendation of the Deputy City Solicitor, it was the recommendation of the committee that the request be denied.
Mr. Boaman pointed out that proceeds from the sale of the license plates were to go towards funding of the North Dover Civic Association “Neighborhood Crime Watch”. He clarified the point that the City of Dover Police Department is not directing this program, only giving advice and information.
Mr. Boaman moved that the request from the North Dover Civic Association to use the City Seal on neighborhood license plates be denied. The motion was seconded by Mr. Weyandt and unanimously carried.
Mr. Weyandt moved that the City of Dover Seal be utilized in the future for official City use only. The motion was seconded by Mr. Hardcastle and unanimously carried.
Mr. Boaman requested that a copy of the Solicitor’s letter be sent to the North Dover Civic Association.
Kent County Firemen’s Association - Ambulance and Paramedic Charges
Representatives of the Kent County Firemen’s Association met with the committee to discuss proposed rates for ambulance and paramedic charges, opposing the proposed $113 assist charge for the City of Dover paramedic unit when assisting another ambulance service.
Mr. Boaman explained that the committee held a lengthy discussion with representatives of local volunteer ambulance services in an attempt to explain the necessity of the proposed rates for utilization of the City of Dover paramedic service.
The committee outlined in detail the financial necessity for the proposed charges and extended their invitation to the representatives of the ambulance services to submit proposals to the City that they feel would be workable.
Mr. Boaman requested that a copy of the Legislative and Finance Committee Minutes of July 6, 1983 be forwarded to the Kent County Firemen’s Association for their review and suggested that the City Manager attempt to set up a meeting with the City of Dover, Kent County Levy Court, and representatives of the ambulances services.
Civilian Pension Plan - Library Employees
The committee considered a request by two library employees, Mrs. Dorothy Geasland and Mrs. Delma Batton, to be permitted to but into the Civilian Pension Plan for the years they were employed prior to the library becoming the property of the City of Dover.
An opinion was received from the City Solicitor recommending denial of the request, based on the contents of state law and lack of action on this matter at the time of the take-over by the City.
A report was submitted by Edward H. Friend & Company showing the additional liabilities as of July 1, 1983 for the purchase of prior service by the two library employees, as follows:
Additional Service
Additional Liability
Prior Normal Cost
at 5.2% of pay
Without Interest
With Interest
Delma Batton
6.75 years
$ 17,948
$ 3,602
$ 7,370
Dorothy Geasland
5.25 years
$ 8,685
$ 1,758
$ 3,360
Total
$ 26,633
$ 5,360
$ 10,730
There was much discussion during the committee meeting on the obligation of the City of Dover, with Mr. Boaman and Mr. Townsend feeling that the City of Dover has a moral obligation to the employees to credit them with their previous years of service prior to the take-over of the library by the City. It was their opinion, that although the Solicitor recommended denial of the request, the intent of the state law was to protect these employees.
Mr. Shevock and Mr. Weyandt felt that any possibility of crediting these employees with past service should have been attended to at the time of the take-over of the library, expressing concern that approving this request would set a precedent for future requests.
A motion to recommend denial of the request from Mrs. Geasland and Mrs. Batton to be credited with their years of service prior to the take-over of the library failed in committee by a tie vote of two (2) yes, two (2) no (Mr. Boaman and Mr. Townsend).
It was also suggested by the committee that the two library employees meet with the City Solicitor in an attempt to clarify all aspects of the State law concerning their pension.
Mr. Richter moved to accept the library employee’s years of service prior to the take-over of the library by the City of Dover, provided however that they pay the buy-in-fee as prescribed by the E.H. Friend Report with Mrs. Batton paying $7,370 and Mrs. Geasland paying $3,602. The motion was seconded by Mr. Boaman.
Mr. Shevock reiterated his feeling that this matter should have been taken up back in 1975 when the library was taken over by the City. He alluded to the unfunded liability of the Civilian Pension Plan, feeling that the Plan cannot afford to take on this responsibility.
Mr. Boaman stated that the unfunded liability of the Pension Plan does not diminish the City’s moral responsibility to the employees. He quoted from Council Minutes of October 13, 1975 where it was stated that the matter of pensions for existing library employees was to be referred to the Pension Board for their recommendation. This matter was never taken up by the Board.
It was Mr. Weyandt’s opinion that the City Solicitor has issued his legal recommendation on the matter and that Council should follow his advice.
After reviewing the State law, Mr. Hardcastle stated his interpretation that the law, although vague, did intend that these employees would receive a pension.
Mr. Rodriguez stated that his recommendation was based on the thought that the State law did not apply to municipalities and on the present regulations of the City as to when employees are considered eligible for participation in the Pension Plan.
It was noted by Chief Klenoski that the Police Department has five cadets that came into the Department at age 18 and could not be sworn as police officers until three year later, at age 21. The Police Pension Plan is set up to cover “sworn police officers”. He felt that some consideration would have to be given to these officers if the request of the library employees is approved.
In view of the fact that the library employees have an appointment with the City Solicitor on July 12, 1983 at 2:00 p.m., Mr. Weyandt moved to table action on this matter until after said meeting has taken place. The motion was seconded by Mr. Boaman and carried with Mr. Shevock voting no.
Fiscal Year 1982 Community Development Grant Extension
The committee considered a request by Mr. Nadab Bynum, Director of the City of Dover HUD Program, for a six month extension on fiscal year 1982 Community Development Grant. The customary time limit given to grantee communities in the past has been 18 months. The State chose 12 months as an experimental time period for its first Community Development Block Grant awards. However, the State has discovered that neither of the 22 communities awarded for fiscal year 1982 has been able to complete their projects in the proposed 12 month period.
It was the recommendation of the committee that Mayor Carroll be authorized to sign an amendment requesting a six month extension on the fiscal year 1982 Community Development Grant.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Investment of Pension Funds
As a result of the Pension Committee authorizing withdrawal of all funds from Massachusetts Mutual for the funds to be invested where they can receive a higher yield, it was found that the City Manager and Finance Director do not have authority to invest the funds as the committee would like them invested.
It was the recommendation of the committee that authorization be granted to convey all pension fund monies to Merrill Lynch for investment until such time as an investment professional is engaged by the City.
Mr. Boaman moved to approve the recommendation of the committee, seconded by Mr. Christiansen and carried by a unanimous roll call vote.
Civilian Pension Plan - Interest on Contributions and Return of Contributions
When modifying the Civilian Pension Plan, two paragraphs were inadvertently omitted from the ordinance. The paragraphs addressed the option for an employee to exercise his right to withdraw his accumulated contributions and the interest rate that the Pension Plan would pay on these withdrawals.
It was recommended by the committee that Council adopt an ordinance to add Section 2-176 to state that the City will pay interest on employee pension contributions at the rate of five percent (5%) per annum compounded annually from the last day of the plan year in which such contribution was made to the earlier of the date of commencement of retirement income or the date on which contributions are payable pursuant to the provisions of the Plan.
It was also recommended by the committee that an ordinance be adopted to add Section 2-196 (d) to the Code to state that any member who withdraws from the Pension Plan for any reason other than retirement, death or disability may request his accumulated contributions be paid to him after such date of withdrawal provided his contributions shall not be refunded to him earlier than ninety (90) days after receipt of his application for same.
By motion of Mr. Shevock, seconded by Mr. Boaman, Council by unanimous roll call vote adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That a new paragraph be added to Section 2-176 (Definitions) of the Dover Municipal Code to read as follows:
Accumulated Contributions: The aggregate contributions made by a member under the Plan with interest thereon at the rate of five percent (5%) per annum compounded annually from the last day of the plan year in which such contribution was made to the earlier of the date of commencement of retirement income or the date on which contributions are payable pursuant to the provisions of the Plan.
ADOPTED: JULY 11, 1983
By motion of Mr. Shevock, seconded by Mr. Boaman, Council by unanimous roll call vote adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That a new paragraph be added to Section 2-196 (Contributions) of the Dover Municipal Code, to be known as Section 2-196 (d), to read as follows:
(d) A member who withdraws from the Pension Plan for any reason other than retirement, death or disability may request his accumulated contributions be paid to him after such date of withdrawal provided, however, his contributions shall not be refunded to him earlier than ninety (90) days after receipt of his application for same.
ADOPTED: JULY 11, 1983
Award Proposal - J.M. Cleminshaw Company - Tax Reassessment
The committee reviewed a proposal from J.M. Cleminshaw Company, low bidder for the City of Dover tax reappraisal proposal. The revised proposal contained a payment schedule which is agreeable to both the City Assessor and to the Cleminshaw Company.
The committee discussed the possibility of requiring the Cleminshaw Company to obtain a performance bond for the project.
After reviewing the revised proposal, it was the recommendation of the committee to authorize acceptance of the revised reassessment bid proposal from the J.M. Cleminshaw Company.
Mr. Boaman moved for the recommendation of the committee to award the bid for property tax reassessment to the J.M. Cleminshaw Company. The motion was seconded by Mr. Weyandt.
Mr. Weyandt stated the need of a performance bond for any company performing work for the City of Dover, feeling that this is the only guarantee the City will have that the work will be performed properly.
Mr. Tudor disagreed, feeling that the J.M. Cleminshaw Company has performed services for the City of Dover in the past with no problems encountered. Requirement of a performance bond would result in a cost of approximately $2,200 to $2,900.
Mr. Hardcastle called for the question on the motion.
The motion to award the bid to the J.M. Cleminshaw Company for the City fo Dover tax reassessment was approved by a unanimous roll call vote.
Mr. Weyandt moved that the J.M. Cleminshaw Company be required to supply a performance bond, to be purchased at a cost of approximately $2,200, with the bond cost to be added to our total reassessment charge. The motion was seconded by Mr. Hardcastle.
Mr. Richter disagreed with this requirement, feeling that the City Assessor’s Office will be in constant watch over the Cleminshaw Company’s job performance.
Mr. Boaman stated that 2% of the fee is held by the City until ninety (90) days after completion of the project which is equal to the amount of proposed performance bond. With the City holding 2% of the fee for ninety (90) days after completion of the project, Mr. Shevock and Mr. Boaman could see no reason to require the bond.
In response to a question by Mr. Hardcastle, Mr. Bartolotta stated that it is normal City of Dover procedure to require performance bonds for contract work such as building structures, etc. The City does not normally require a bond for consulting and engineering services.
By a roll call vote of six (6) no, two (2) yes (Mr. Witt and Mr. Weyandt) the motion to require the J.M. Cleminshaw Company to submit a performance bond prior to commencement of work on the property reappraisal was denied.
By motion of Mr. Boaman, seconded by Mr. Christiansen, the Legislative and Finance Committee Report was unanimously approved as submitted.
PUNCHEON RUN BIDS - INTERCEPTOR AND PUMPING STATION
Mr. Richter explained that the Puncheon Run bids are an item on the Utility Committee agenda. In an attempt to expedite the awarding of the bids, Mr. Richter polled the members of the Utility Committee by telephone. In view of the necessity to expedite this matter, it was the committee’s recommendation that Contract #34-82-01 (Puncheon Run Sewer Facilities Pumping Station) be awarded to Merrell & Garaguso, Inc. in the amount of $1,379,000; and that Contract #34-82-02 (Puncheon Run Sewer Facilities Interceptor and Force Main) be awarded to Teal Construction Company in the amount of $1,232,752.50.
Mr. Richter moved that the contract for the Puncheon Sewer Facilities Pumping Station (Contract #34-82-01) be awarded to Merrell & Garaguso, Inc. in the amount of $1,379,000 and for adoption of the following resolution. The motion was seconded by Mr. Weyandt and carried by a roll call vote of seven (7) yes, one (1) abstaining (Mr. Shevock).
WHEREAS, the U.S. Environmental Protection Agency awarded a Step 3 grant for Puncheon Run Sewer Facilities on October 5, 1982, to the City of Dover.
WHEREAS, the City of Dover accepted the said grant and advertised for bids and received bids for construction of Contract No. 34-82-01, Pumping Station;
WHEREAS, the City’s consultants, Betz-Converse-Murdoch, Inc., have duly evaluated all bids received and have recommended award of contract to Merrell & Garaguso, Inc., of Swedesboro, New Jersey;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
THAT the bid from Merrell & Garaguso, Inc., of Swedesboro, New Jersey in the amount of one million three hundred seventy nine thousand dollars and no cent ($1,379,000) be accepted subject to approvals of Delaware Department of Natural Resources and Environmental Control and the U.S. Environmental Protection Agency, and that a contract be executed by Robert J. Bartolotta, City Manager, with Merrell & Garaguso, Inc., upon receipt of written approvals of the abovementioned two governmental agencies.
ADOPTED: JULY 11, 1983
Mr. Richter moved that the contract for the Puncheon Run Sewer Facilities Interceptor and Force Main (Contract #34-82-02) be awarded to Teal Construction Company in the amount of $1,232,752.50 and for the adoption of the following resolution. The motion was seconded by Mr. Christiansen and carried by a roll call vote of seven (7) yes, one (1) abstaining (Mr. Shevock).
WHEREAS, the U.S. Environmental Protection Agency awarded a Step 3 grant for Puncheon Run Sewer Facilities on October 5, 1982, to the City of Dover.
WHEREAS, the City of Dover accepted the said grant and advertised for bids and received bids for construction of Contract No. 34-82-02, Pumping Station;
WHEREAS, the City’s consultants, Betz-Converse-Murdoch, Inc., have duly evaluated all bids received and have recommended award of contract to Teal Construction Company of Dover, Delaware;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
THAT the bid from Teal Construction Company of Dover, Delaware in the amount of one million two hundred thirty two thousand seven hundred fifty two dollars and fifty cents ($1,232,752.50) be accepted subject to approvals of Delaware Department of Natural Resources and Environmental Control and the U.S. Environmental Protection Agency, and that a contract be executed by Robert J. Bartolotta, City Manager, with Teal Construction Company upon receipt of written approvals of the abovementioned two governmental agencies.
ADOPTED: JULY 11, 1983
ROBBINS HOSE COMPANY - VOLUNTEER CALL SYSTEM
Mr. Richter explained that the concept of utilizing call pagers for the Robbins Hose Company was approved as a line item with the General Fund Budget. It was suggested at that time that this matter be deferred for further study.
Mr. Richter moved that the City Manager be authorized to proceed with the purchase of call pagers for the use of the Robbins Hose Company in accordance with the adoption of the 1983/84 General Fund Budget. It was stipulated that the present siren system would remain intact but would only be used as a back-up system. The motion was seconded by Mr. Hardcastle.
Mr. Richter stated that after discussions with Chief Kemp of the Robbins Hose Company it was discovered that they would like to have a month to further study the concept of use of the call pagers.
Mr. Boaman moved to table action on the matter, seconded by Mr. Shevock and unanimously carried.
FORMAT USED FOR EMPLOYEE TRAVEL NOTIFICATION TO COUNCIL
In referring to a form used by the City Manager’s Office as notification to Council on employee travel data, Mr. Weyandt requested that this form incorporate a place to show total cost of travel per person, to include daily pay and travel expenses.
The City Manager agreed to include this information on all future Reports on Conference and Seminar Leaves.
PARKING - DOWNTOWN DOVER
Mr. Boaman reported receiving complaints from Downtown Merchants concerning the present parking restrictions in the downtown Dover area.
Mr. Boaman moved that this matter be referred to the Safety Advisory Committee for their review, seconded by Mr. Hardcastle and unanimously carried.
CORRESPONDENCE
Delaware Solid Waste Authority - Sale of Excess Power
A letter was received from the Delaware Solid Waste Authority informing Council of their plans to produce approximately 13.8 MW of power using the Refuse Derived Fuel produced by the Delaware Reclamation Project. The Authority expects to use approximately 6 MW for its plant and plans to sell the remaining portion, requesting an opportunity to meet with the City of Dover to explore the possibility of wheeling the excess power to McKee Run Generating Plant.
Mr. Shevock moved for referral to the Utility Committee, seconded by Mr. Boaman and unanimously carried.
First Baptist Church of Dover - Request for Four 15' Utility Poles
In a letter directed to City Council, the First Baptist Church of Dover requested donation by the City of four 15' utility poles to be used for the construction of a backdrop for their softball field on Walker Road.
Mr. Hardcastle moved that the matter be referred to the City Manager for action, as well as future requests for City utility poles. The motion was seconded by Mr. Tudor and unanimously carried.
Petition - Residents of Troon Road - Electrical Services
Mr. Weyandt referred to a petition submitted by residents of Troon Road concerning problems that are being incurred with their electric service.
Mr. Weyandt moved to acknowledge receipt of the petition and that the matter be referred to the Legislative and Finance Committee and the Utility Committee. The motion was seconded by Mr. Hardcastle and unanimously carried.
Meeting Adjourned at 8:45 P.M.
DEBRAH J. BITTNER
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of July 11, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
July 18, 1983
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