REGULAR MEETING
October 12, 1982
The Regular Meeting of Council was held on October 12, 1982 at 7:30 p.m. with Mayor Carroll presiding. Councilmen present were Messrs. Richter, Tudor, Boaman, Carey, Witt, Bonar and Shevock.
Mr. Hardcastle was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Boaman requested additional agenda items to discuss a letter from Robbins Hose Company concerning an amendment to their voting qualification codes and also a letter from Stuart Outten relating to a traffic control device at the intersection of Division Street and Kings Highway, N.E.
Mr. Richter requested additional agenda items concerning a letter from Mr. Campbell of the City Cab Company and a discussion concerning Kent Apartments on New Street.
Hearing no objections, Mayor Carroll declared the agenda approved as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1982
Speaking to a subject in the minutes headed “Overview of Once Per Week Trash Implementation”, Mr. Shevock referred to the third paragraph’s contents that read as follows:
“At the present time, there are no plans for limiting the number of containers put out by each household. However, this will be monitored and if a problem develops, Council will be informed of any recommended changes.”
Mr. Shevock felt that the sentence beginning with “However” implies that the number of trash cans for each household will be limited. He moved that this sentence be struck from the official minutes. The motion was seconded by Mr. Richter and unanimously carried.
Mr. Witt moved for approval of the Minutes as amended, seconded by Mr. Bonar and unanimously carried. The Minutes bore the written approval of Mayor Carroll.
PROCLAMATION - HALLOWEEN - CELEBRATION OF TRICK OR TREAT
Mayor Carroll submitted the following proclamation relative to the date and time that Halloween/Trick or Treat will be celebrated:
WHEREAS, the observation of Halloween extending beyond the prescribed date for same has resulted in extensive damage and destruction of personal property, and
WHEREAS, the Mayor and Council of the City of Dover has deemed it advisable to restrict the observance of this holiday to Saturday, October 30, 1982.
NOW, THEREFORE, BE IT PROCLAIMED AND DECLARED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER:
1. That the Halloween observance shall be held on the 30th day of October, 1982 and that the residents of the City of Dover, or any other persons within the corporate limits of the City of Dover, are hereby requested to limit this observance to the aforesaid date.
2. That observances of trick or treat be limited to the evening of the aforesaid date to allow the families of all citizens to observe Halloween Day in any area of the State.
3. Any person observing Halloween is requested to begin no sooner than 6:00 p.m. and to terminate said observance on or before 9:00 p.m. of the aforesaid date.
4. That any person violating this, the Proclamation of the Mayor and Council of the City of Dover, shall be subject to the penalties provided under the Laws and Ordinances of the City of Dover.
ADOPTED: October 12, 1982
PUBLIC HEARING - FRONT FOOT CHARGE - WHITEOAK ROAD WATER LINE INSTALLATION
A public hearing was duly advertised for this time and place to hear appeals on the front foot charge of $7.63 per linear foot relative to a water main installed on Whiteoak Road. Mayor Carroll declared the hearing open.
Mr. William Davidson, a resident of Whiteoak Road, was present requesting Council’s consideration of a sewer installation on Whiteoak Road. Mr. Davidson stated that he and other residents are very pleased with the water service now available, commenting that the proposed front foot charge seemed very reasonable. In closing, he thanked members of Council and staff for the assistance in initiating the water main in his area.
There was no one else to speak for or against the water line installation on Whiteoak Road and no correspondence.
Mayor Carroll declared the hearing closed.
Mr. Richter moved for an assessment of $7.63 per linear front foot to be set for a water main installed on Whiteoak Road, otherwise known as Project #80; said assessment to be recorded in the City of Dover Lien Docket for each adjoining property. Farmland as qualified and described in Article I, Section 19.5 - 11 through 1935 - 18 of the City of Dover Code shall be assessed the same linear front foot charge as an official record in the City of Dover Lien Docket but payment will be deferred until such time as any portion of the land is improved or developed and a tap is initiated in said water main. The motion was seconded by Mr. Carey. By a unanimous roll call vote, Council approved the above mentioned charges and assessment, and the method of payment as outlined in the ordinance adopted by Council on September 27, 1982.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on October 6, 1982 at 7:30 p.m. with Chairman Boaman presiding.
Short Term Borrowing - Water and Sewer Fund - $450,000
Mr. Boaman stated that the deficit in the Water and Sewer Fund that has existed in the past two or three years necessitates short term borrowing of $450,000. The Legislative and Finance Committee recommended approval of a resolution authorizing the short term borrowing of $450,000.
Mr. Boaman moved for the recommendation of the Legislative and Finance Committee, seconded by Mr. Bonar and by a unanimous roll call vote (Mr. Hardcastle absent), Council adopted the following resolution:
WHEREAS, the City of Dover needs to borrow the sum of $450,000 to be deposited in the Water and Sewer Fund, for the purpose of meeting current financial needs; and
WHEREAS, the City of Dover shall repay this loan on or before June 30, 1983.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, IN COUNCIL MET:
1. That the City of Dover shall borrow the sum of $450,000 to supplement the Water and Sewer Fund for the purpose of meeting current financial needs which loan shall be repaid on or before June 30, 1983.
2. That the City of Dover’s good faith and credit is pledged for this borrowing.
3. That the City Manager is authorized to secure a loan in the amount of $450,000 at the best possible terms.
ADOPTED: OCTOBER 12, 1982
Amendment to Conference, Training and Business Related Travel Policy
Stemming from a request by City Manager Bartolotta that the Conference, Training and Business Related Travel Policy be amended, the committee recommended that Section 6-d of that policy be amended to read “The City will advance pay for the estimated food and out-of-pocket expenses incurred by the traveler. All travel expenses must be detailed on a travel expense report and all receipts must be shown.”
Mr. Boaman moved to recommend adoption of the amendment, seconded by Mr. Bonar and unanimously carried.
Police Authorized Strength
The Committee reviewed a letter from Chief Klenoski to Mayor Carroll requesting authorization to hire four (4) new men seven weeks ahead of the planned date due to the early scheduling of the mandatory training class which was originally set for March 1983 and changed to January 17, 1983. The Police Department would incur an expense of $8,000 which would be absorbed by the Police Department’s budget.
The Legislative and Finance Committee recommended approval of the request.
Mr. Bonar moved for adoption of the recommendation, seconded by Mr. Carey and unanimously carried.
City of Dover Resolutions to Kent County Levy Court
In referring to three resolutions directed to the Kent County Levy Court related to the City of Dover ambulance and paramedic service, county-wide reassessment, and a local service function budget, Mr. Boaman stated that the county has only responded in a negative manner on the City’s request for financial assistance for paramedic service. Since the City has received bids for a city-wide reassessment and Council is actively seeking a local function budget, Mr. Boaman recommended that the City Clerk again correspond with members of the Kent County Levy Court requesting an immediate reply. The motion was seconded by Mr. Shevock.
Mayor Carroll reviewed the following sequence of correspondence with Kent County Levy Court since the original resolution suggesting a joint meeting was adopted on June 14, 1982.
1. Resolution adopted June 14th requesting a joint meeting with the President and Commissioners of Levy Court
2. August 2nd Council met with Levy Court in joint session.
3. August 9th Council adopted a resolution pertaining to duplication of local service functions, requesting tax relief
A resolution to undertake immediately a general reassessment for all properties in Kent County
A resolution requesting that Kent County Levy Court take over the operation of ambulance and paramedic services or contribute financial assistance by rendering full reimbursement for calls outside the corporate limits.
All resolution requested urgent action and a written response.
4. August 12th - Received a letter from President Paskey in behalf of Commissioners advising a special Revenue Sharing Grant appropriation of $1,000 for the City of Dover Ambulance Service.
5. August 30th - City acknowledged the offer of $1,000 but requested that Levy Court give further consideration to subject matter contained in resolutions.
6. August 31st - President Paskey acknowledged contents of City resolutions stating that the Kent County Levy Court has agreed to undertake a series of discussions and workshops on paramedic services, local service function budget, and property reappraisal.
7. September 8th - A letter from President Paskey, informing that Levy Court cannot favorably consider requests pertaining to paramedic services as contained in resolution of August 9, 1982.
Letter contained a breakdown identifying funds allocated for emergency health and safety services for fiscal year 1982/83.
8. September 23, 1982 - A letter to President Paskey and Commissioners requesting a complete breakdown of funds allocated by Levy Court for emergency health and safety services to indicate the amounts received by each city, town and agency.
He suggested that a letter be mailed to the Levy Court, under his signature, again requesting a reply on the contents of the resolutions.
By a unanimous voice call vote, Council approved the recommendation.
Property Tax - Penalty for Non-Payment in Prescribed Time (Charter Amendment)
Mr. Boaman suggested that the above-mentioned item be deferred until such time as proper legislation can be drafted.
Proposed Civilian Pension Plan Amendments
The Legislative and Finance Committee recommended approval of the following amendments to the Civilian Pension Plan.
a. Change the final average earnings from five years to three years averaging.
b. Permit reduced early retirement after age 55, with 10 years of service.
c. Permit unreduced early retirement after the earlier of (1) 25 years of service, or (2) age 50 and completion of 20 years of service
d. Provide vesting, payable at age 65 (after ten years of service)
e. Extend the death benefit coverage to participant with 10 years of service
f. Require employee contributions of 4% of salary
Mr. Bartolotta informed the committee that the proposed amendments will more favorably compare with the Police Pension Plan and should not involve cost to the City of Dover.
In addition, the 4% employee contribution will allow an adjustment for present retirees and also offset a percentage of the payroll that the City must contribute to pensions.
Mr. Boaman stated that the proposed amendments have been reviewed and discussed for over a year, therefore, all members of Council should be familiar with the contents of the provisions as outlined above.
Noting that some employees have overtime built into their salary due to shift work and the nature of their job, Mr. Boaman proposed that Section 2-185 of the Civilian Pension Plan be amended to read as follows:
Section 2-185 is amended by changing five years of continuous service to three years of continuous service in computing average actual monthly earnings except non-mandatory regular scheduled overtime.
Employees earning unscheduled overtime would be required to pay 4% of their regular weekly wage only, since any unscheduled overtime would not be included in the last three year averaging for pension payment purposes.
Mr. Boaman moved for adoption of an ordinance amending sections of the Civilian Pension Plan as outlined above. The motion was seconded by Mr. Carey. By a roll call vote of five (5) yes, two (2) no (Mr. Richter and Mr. Tudor) with Mr. Hardcastle absent, Council adopted the following ordinance, to become effective January 1, 1983:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The General Employee Pension Plan of the City of Dover is hereby amended as follows:
1. Sec. 2-182 is stricken in its entirety and a new section is hereby adopted to be worded as follows:
“Sec. 2-182. Early Retirement.
(a) Early Retirement with Reduced Benefits.
A participant who has completed ten (10) years of continuous service and who has attained the age of fifty-five (55) years may retire at any time within the ten (10) years preceding his normal retirement date provided, however, that his retirement benefits shall be computed at a reduced rate of one-half percent for each month computed from the date of early retirement to age 65.
(b) Early Retirement Unreduced Benefits.
A participant who has:
(i) completed twenty-five (25) years of continuous service or
(ii) has attained the age of fifty (50) years and completed twenty (20) years of continuous service may retire at any time prior to his normal retirement date with no reduction in retirement benefits.”
2. Sec. 2-185 is amended by changing five (5) years of continuous service to three (3) years of continuous service in computing average actual monthly earnings except non-mandatory regular scheduled overtime.
3. Sec. 2-190 (c) is amended by changing the minimum of twenty (20) years of continuous service to ten (10) years of continuous service.
4. Sec. 2-196 is hereby stricken in its entirety, and a new Section is hereby adopted to read as follows:
“Sec. 2-196. Contributions.
(a) For each year while a participant of the plan, a participant shall contribute by payroll deductions an amount equal to four percent of his earnings.
(b) The City shall make such contributions as necessary to meet the requirements of the Plan.
(c) The Pension Board of Trustees shall receive all appropriations, contributions, and interest allowances as may be received from time to time by the City from the State of Delaware or any other source and designated specifically for employee pensions.”
ADOPTED: OCTOBER 12, 1982
Charter Amendment Items Tabled for Drafting of Legislation
Mr. Boaman moved that the following proposed Charter amendments be tabled, allowing the City Solicitor time to draft proper legislation for approval by Council:
(a) Quarterly tax billings
(b) Legislation mandating a City of Dover balanced budget
(c) Requirement for property reassessment every ten years
(d) Mayor’s vote to break a tie
(e) Municipal election date
(f) Councilman appointed to Planning Commission
(g) Equal distribution of Planning Commission members from Council districts
(h) Real estate transfer tax
(i) Minor corrections and amendments to the Charter
The motion to table was seconded by Mr. Carey and unanimously carried.
Rejection of Offer to Purchase Dover Downs
Mr. Boaman informed Council that the Legislative and Finance Committee unanimously agreed to recommend rejection of an offer for the City of Dover to purchase Dover Downs.
Mr. Boaman moved for approval of the committee’s recommendation, stipulating that the City Clerk formally notify Mr. John Rollins of Council’s decision. The motion was seconded by Mr. Carey and unanimously carried.
Mayor Carroll expressed his opinion that Council should keep in mind that there is a need for a public facility that will house large numbers of people for conventions and other like functions. He suggested that the Chamber of Commerce be delegated to further explore the possibilities of a convention center in the City of Dover and submit any concrete proposals to the Council at a future date.
Mr. Boaman moved to refer the matter to the Board of Directors of the Chamber of Commerce, seconded by Mr. Carey and unanimously carried.
Mr. Boaman moved for approval of the Legislative and Finance Committee as submitted, seconded by Mr. Carey and unanimously carried.
CORRESPONDENCE
Noel and Mary Breton - Request to Replace Trailer with Newer Model - Vondaway Drive
A request was received from Noel and Mary Breton asking that Council consider action that would permit them to replace their older model trailer on Vondaway Drive with a new trailer.
Mr. Saxton informed Council that a zoning ordinance, adopted in 1961, provides that any mobile home which is not in a mobile home park is considered to be a non-conforming use. If a mobile home outside if a mobile home park is removed from a site, the zoning ordinance states that it shall not be replaced.
Mr. Saxton informed Council that Mr. and Mrs. Breton’s request to replace their present trailer with a newer model would be in violation of the zoning ordinance.
It was the general feeling of Council that granting an exception to the ordinance would cause many other like requests from owners of mobile homes outside designated parks.
Mr. Richter moved for denial of the request, seconded by Mr. Bonar and unanimously carried.
Recognizing a question by Mrs. Mary Breton, Mayor Carroll suggested that she contact Mr. Roe’s office in an effort to determine what type of structure would be permitted on Vondaway Drive.
Pedestrian Traffic Light - Division Street and Kings Highway N.E.
A letter from Mr. Stuart Outten informed Council of a recent meeting with citizens of Dover who live at Luther Towers who pointed out the difficulty and hazards in crossing the intersection of Division Street and Kings Highway, N.E.
Due to the width of the roadway and the curve, drivers often approach this intersection in such a manner that they cannot readily be seen by people waiting to cross the road.
Mr. Outten suggested that Council consider the installation of a pedestrian controlled traffic light so that both the senior citizens and school children in the area can cross in safety.
Mr. Boaman suggested that occurrences of accidents at the intersection and traffic flow be compiled to initiate a formal proposal to the State for a pedestrian or traffic controlled signal device.
Mr. Boaman moved for referral of the matter to the Safety Advisory Committee, seconded by Mr. Richter and unanimously carried.
ROBBINS HOSE COMPANY - QUALIFICATIONS OF VOTERS IN LINE OFFICER ELECTIONS
Chief Osika pointed out that Article II, Sec. 7-37 of the City ordinance provides that a member shall attend at least 25% of the fires exclusive of silent alarms during the year immediately preceding certifications of the voting list. The voting list consists of eligible members to participate in the Robbins Hose Company election. The ordinance excluded response to silent alarms such as washdowns in case of automobile accidents.
Chief Osika proposed that the phrase “exclusive of silent alarms” be deleted from paragraphs (c) of Sec. 7-37 with an additional paragraph to read “Attendance at silent alarms or crew call alarms shall be added to each member’s total fire alarm attendance, for the purpose of this section; however, the total number of silent alarms or crew call alarms shall not be added to the total number of general alarms for the purpose of the section.”
Chief Osika stated that 24% of the alarms in the past year were silent alarms and 7% were crew call alarms. Robbins Hose Company members feel that these responses should be recognized as a qualification for voting.
By motion of Mr. Boaman, seconded by Mr. Carey, Council by a roll call vote of six (6) yes, one (1) not voting (Mr. Bonar) with Mr. Hardcastle absent, Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Municipal Code is amended by striking in its entirety Section 7-37(c) and by inserting a new subsection to read as follows:
(c) The nominee election judges shall not permit anyone to vote whose name is not on one of the lists mentioned in subsection (a). If a member’s name appears on the lists, but it is proven to the satisfaction of the judges that he does not meet the requirements of active membership, then that person shall cast a challenged ballot. Active membership, for the purposes of this section, shall mean a member who has responded to at least twenty-five (25) percent of the alarms by way of attendance, during the year immediately preceding the certification of the voting list. This requirement is waived for any member who was on active duty in the military service during any portion of that year and who is otherwise in good standing with his individual fire company.
The purpose of this amendment is to include in the computation for active membership attendance for such things as crew-call alarms and silent alarms as well as general (fire) alarms.
ADOPTED: October 12, 1982 (TO BECOME EFFECTIVE AT 12:01 A.M. OCTOBER 13, 1982)
City Cab - Proposal to Subsidize the Senior Surrey
A letter was received by Mayor and Council and City Manager Bartolotta from Mr. Kenneth B. Campbell, President of the City Cab, proposing that the City enter into an agreement with his company to subsidize the Senior Surrey service. Mr. Campbell pointed out the advantage of the City Cab operating seven days per week and on holidays. The service offered by the cab company to senior citizens would be subsidized in the amount of 50% by the State of Delaware and 30% by the City of Dover.
Mr. Richter felt that the City Cab proposal should not be taken lightly alluding to the fact that many cab companies are having financial difficulty and when a company discontinues a service because of finances, governmental agencies are required to fill in the void. He felt that private enterprise should be considered in the matter of public transportation.
Mr. Richter moved to acknowledge receipt of the letter, seconded by Mr. Carey and unanimously carried.
Kent Apartments - Extension of Demolition Notice
Mr. Richter related to the fact that the demolition notice for Kent Apartments was extended for six months, said extension expiring in October. Through reports submitted by Mr. Roe, the present owners are attempting to find methods of improving the property.
Mr. Richter moved that the notice from the City of Dover to bring the property up to City standards or demolish be extended for four (4) months or until January 1983. The motion was seconded by Mr. Carey and unanimously carried.
Mr. Bonar moved for adjournment into executive session, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:23 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 12, 1982, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
October 18, 1982
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