REGULAR MEETING
The regular meeting of City Council was held on Monday, December 29, 1969 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs Biggs, Hastings, Hayes, Holpp, Hughes, Jackson, Legates and Walls.
MINUTES
The minutes of the regular meeting of City Council of December 8, 1969 were accepted and bore the written approval of Mayor Carroll.
LEGISLATIVE & FINANCE, WAGES & HOURS COMMITTEE
A written report of the Legislative & Finance, Wages & Hours Committee meeting held on December 16, 1969 was presented by the Chairman, William A. Hayes. On motion of Mr. Holpp, Council accepted the report as presented.
POLICE PENSION PLAN
On motion of Mr. Hayes, seconded by Mr. Biggs, Council by unanimous vote adopted the following Retirement Plan for the City of Dover Police effective January 1, 1970.
RETIREMENT PLAN FOR CITY OF DOVER POLICE
ARTICLE 1 - DEFINITIONS
1.1 “Plan” shall mean the City of Dover Retirement Plan for its non-civilian police employees, as herein set forth or as it may be hereafter amended.
1.2 “Effective Date” shall mean January 1, 1970
1.3 “Plan Year” means a year beginning January 1st and ending on the following December 31st. The first Plan Year shall begin January 1, 1970.
1.4 “Earnings” means the regular basic salary paid to the Employee by the City of Dover.
1.5 “Average Earnings” shall mean the earnings of an Employee for services to the City of Dover, averaged over the last five years of service before retirement or date of termination of employment, whichever is applicable.
1.6 “Employee” shall mean any non-civilian policeman employed by the City of Dover on a full-time permanent basis who is not eligible for any other pension or retirement plan of the City of Dover because of his employment classification. An employee will be considered a full time employee if he regularly works 30 or more hours each week.
1.7 “Member” shall mean any Employee who has met the requirements for participation in the Plan as defined in Article 2.
1.8 “City” or “City of Dover” shall mean the Mayor and Council of the City of Dover, Delaware.
1.9 “Accumulated Contributions” means the aggregate contributions made by a Member under the Plan with interest therein at the rate of 3% 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 such Accumulated Contributions are payable pursuant to the provisions of the Plan.
1.10 “Service” means the most recent period of continuous employment by the City. Employment shall be considered continuous, though it be interrupted by absence due to illness, vacations, authorized leaves of absence not to exceed a period of five years, or absence for military service under leave granted by the City or when required by law. In granting leaves of absence, the City shall give equal treatment to all Employees in similar circumstances. In case of leave of absence, the Employee, to preserve his continuity of employment, must return to work on expiration of such leave of absence, unless the absence be subject to statutory re-employment rights, such as military service in time of national emergency, in which event the statutory period for re-employment shall control.
1.11 “Retirement Committee” shall mean the body referred to and described in Article 10.
1.12 “Trustee” shall mean the trustee acting as such under the Trust Agreement including any successor or successors.
1.13 “Trust Agreement” shall mean the trust agreement between the City and the Trustee.
1.14 “Trust Fund” or “Fund” shall mean all money or other property which shall be held by the Trustee pursuant to the terms of the Trust Agreement.
1.15 “Insurance Company” means an insurance company with which the City has executed a Group Contract for the purpose of providing the benefits under this Plan.
1.16 “Group Contract” means an insurance contract adopted by the City for the purpose of providing all or part of the Retirement Income credited under the Plan.
1.17 Words importing males shall be construed to include females wherever appropriate.
ARTICLE 2 - MEMBERSHIP
2.1 An Employee who was a Member of the City of Dover Employee’s Pension Plan prior to January 1, 1970 will continue to be covered under this Plan.
2.2 Each new Employee hired on or after January 1, 1970 shall participate in this Plan on the first day of the month coincident with or next following the date on which he was hired.
ARTICLE 3 - CONTRIBUTIONS
3.1 For each year while a Member of the Plan, a Member shall contribute by payroll deductions an amount equal to 4% of his Earnings.
3.2 The City Hall shall make such contributions as necessary to meet the requirements of the Plan.
3.3 The Pension Board of the City of Dover Employee’s Pension Plan shall remit to the Retirement Committee all appropriations, contributions and interest allowances which it has received from time to time designated specifically for police pensions and credited to the Police Pension Fund of the City of Dover Employee’s Pension Plan.
3.4 The Retirement Committee 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 police pensions.
ARTICLE 5 - AMOUNT OF RETIREMENT INCOME
5.1 The Retirement Income to which a Member is entitled on his Retirement Date shall be equal to 2% of his Average Earnings, multiplied by his full years of Service, including fractions of a year to the nearest 1/12th year.
5.2 If the rate of Earnings payable to Employees on active duty of equivalent rank of that held by the Member immediately prior to his Retirement Date are increased, the Retirement Income of the retired Member shall be increased effective as of the first day of the month following the date of such Earnings increase. The increased amount of Retirement Income shall be in the same proportion as the increase in rate of Earnings of such active Employees is to the rate of Earnings of the retired Member immediately prior to his Retirement Date.
5.3 The normal form of payment of the Retirement Income payable to a retired Member shall be a Retirement Income payable monthly commencing upon his Retirement Date and terminating with the last payment on the first day of the month following the death of the retired Member. Retirement Income benefits will be paid in equal monthly installments except that if the payments under this Plan would amount to less than $10 a month payments may, at the option of the Retirement Committee, be made less frequently than monthly, or a lump sum settlement of equivalent actuarial value may be made under the Plan.
ARTICLE 6 - DISABILITY BENEFITS
6.1 If a Member becomes Disabled as the result of an injury or sickness while in the performance of his duties, he shall be entitled to a Retirement Income equal to 75% of his rate of Earnings immediately prior to the date he became Disabled.
6.2 If any Member who has completed at least ten years of Service becomes Disabled as the result of a non-occupational injury or sickness, he shall be entitled to a Retirement Income computed in accordance with Section 5.1.
6.3 If the rate of Earnings payable to Employees on active duty of equivalent rank of that held by the Member immediately prior to his disability are increased, the Retirement Income of the Disabled Member shall be increased proportionately effective as of the first day of the month following date of such Earnings increase.
6.4 The disability benefits payable under Sections 6.1 and 6.2 above will cease on the date the Member would have reached his Retirement Date had disability not occurred, and thereafter, the Retirement Benefit described in Article 5 will be payable for as long as he lives. For the purpose of the calculation under Article 5, the Member’s period of disability shall count as Service.
6.5 “Disabled” means total disability by bodily or mental disease or injury so as to be prevented thereby from engaging in any occupation or employment for remuneration or profit, provided:
(A) Such total disability’,
(1) was not contracted, suffered or incurred while the Member was engaged in, or did not result from his having engaged in, a felonious criminal enterprise, or
(2) Did not result from his habitual drunkenness or addiction to narcotics, or
(3) did not result from an intentionally self-inflicted injury, or
(4) did not result from service in the Armed Forces of any Country which prevents a return to employment with the City and for which the Member receives a military pension.
6.6 Total disability shall be determined conclusively by the Retirement Committee on a non-discriminatory basis according to such medical evidence and other information as the Committee deems to be appropriate.
ARTICLE 7 - SURVIVOR AND DEATH BENEFITS
7.1 Upon the death of a Member who loses his life in the performance of his duties, a Retirement Income equal to 75% of his rate of Earnings immediately prior to his date of death shall be paid to his Eligible Survivor.
7.2 If a Member who has completed at least ten years of Service dies as a result of a non-occupational injury or sickness, a Retirement Income computed in accordance with Section 5.1 but limited to a maximum of 25% of his Average Earnings shall be paid to his Eligible Survivor.
7.3 Upon the death of a Member after his Retirement Date, a Retirement Income equal to 50% of the Retirement Income otherwise payable to the Member shall be paid to his Eligible Survivor.
7.4 If the rate of Earnings payable to Employees on active duty of equivalent rank of that held by the Member immediately prior to his death are increased, the Retirement Income of the Eligible Survivor shall be increased proportionately effective as of the first day of the month following the date of such earnings increase.
7.5 An Eligible Survivor shall be one of the following in the order of preference listed:
(A) The Member’s widow who was married to the Member for at least 24 months and who was not domiciled apart from the Member at the date of his death:
(B) The surviving child(ren) of the Member who has not attained his 18th birthday.
7.6 The Retirement Income payable under this Article 7 shall commence on the first day of the month next following the date of the Member’s death, or when the Member has been receiving Retirement Income under Article 5, on the first day of the month following the last payment under Article 5, and shall terminate as follows:
(A) With respect to an Eligible Survivor who is a widow, with the payment due for the month in which her remarriage or death shall occur, whichever occurs first.
(B) With respect to an Eligible Survivor who is a child(ren), with the payment due for the month in which his 18th birthday or death shall occur, whichever shall occur first.
7.7 Each Member shall have the right to name a beneficiary (and to change such beneficiary from time to time without notice to, or consent of, the beneficiary) to receive the amount of the death payment provided in Section 7.8 such nomination shall not be effective unless filed with the Retirement Committee. In the event there shall be no effective designation of a beneficiary in existence at the date such payment is due to be paid, the payment shall be made to the estate of the Member.
7.8 Upon the death of a Member (or, if payments to an Eligible Survivor became due, then upon the death of the survivor of the Member and his Eligible Survivor, if any) there shall be payable to the Member’s beneficiary (as provided in Section 7.7) an amount equal to the excess, if any, of his Accumulated Contributions over the sum of all amount previously paid to such Member and his Eligible Survivor, if any.
7.9 The eligibility of any person or persons to receive Retirement Income payments as an Eligible Survivor shall be determined conclusively by the Retirement Committee based on application of such person or persons and any other information as the Committee deems to be appropriate.
ARTICLE 8 - TERMINATION OR SERVICE
8.1 If a Member’s Service is terminated, other than by reason of retirement, death or disability under the Plan, the following benefits shall be payable:
(A) If the Member had not completed 15 years of Service at the date of such termination, his Accumulated Contributions shall be paid to him as soon after such date of termination as practicable and he shall cease to be a Member.
(B) If the Member had completed at least 15 years of Service at the date of such termination, he shall be entitled to received the Retirement Income accrued by him pursuant to Section 5.1 to begin on the first day of the month coinciding with or next following his 60th birthday.
(C) A Member may elect to receive a refund of his Accumulated Contributions in lieu of the Retirement Income otherwise payable to him in accordance with this Section 8.1, in which event he shall cease to be a Member.
ARTICLE 9 - AMENDMENT OR TERMINATION
9.1 The City reserves the right at any time and from time to time, and retroactively if deemed necessary or appropriate to meet the requirements of Section 401(a) of the Internal Revenue Code of 1954 and of any similar provisions of subsequent revenue laws or the rules and regulations from time to time in effect under any such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan; provided, however, that no such modification or amendment shall make it possible for any part of the corpus or income of the Trust Fund or Fund held under the Group Contract to be used for, or diverted to, purposes other than the exclusive benefit of Members and their Eligible Survivors and beneficiaries under the Plan prior to the satisfaction of all liabilities with respect to Members and their Eligible Survivors and beneficiaries under the Plan, nor shall any amendment or modification make it possible to deprive any Member of a previously accrued benefit.
9.2 While the City intends to continue the Plan indefinitely, nevertheless, it assumes no contractual obligation as to its continuance nor as to the continuance of its contribution thereunder. The Plan may be terminated for any reason at any time by the City. If the Plan is terminated, the assets held in the Trust Fund and under the Group Contract attributable to the contributions of actuarial valuations to the extent of the sufficiency of such assets and amounts, for the purpose of providing Retirement Income or other benefits determined by the City to have accrued under the Plan to the date of termination of the Plan for Members and their Eligible Survivors and beneficiaries for whom and/or to the extent that such Retirement Income has not seen already purchased under the Group Contract and which will be payable in accordance with the provisions of such contract. The allocation of all such remaining assets relating to Members of this Plan shall be in the manner and order described in the following paragraphs.
(A) First, assets equal to the sum of each Member’s Accumulated Contributions, which have not been applied to purchase annuities under the Group Contract and which are in excess of Retirement Income previously paid to the Member and the Eligible Survivor and beneficiaries of a deceased Member, shall be allocated for the benefit of such Member or the Eligible Survivor or beneficiary of a deceased Member.
(B) Second, an amount shall be allocated to provide Retirement Income not previously purchased under the Group Contract to (1) all persons who were receiving benefits, and (2) Members remaining in the employ of the City who have reached their Retirement Date.
(C) Third, assets then remaining shall be allocated to provide benefits not provided above for Members still in the Service of the City who would qualify for retirement.
(D) Fourth, amounts then remaining shall be allocated to provide Retirement Income not provided above nor previously purchased under the Group Contract for Members entitled to Retirement Income pursuant to Section 5.1 or who would be entitled to such Retirement Income if their Service were terminated on the date of termination of the Plan.
(E) Fifth, amounts then remaining shall be allocated to provide accrued Retirement Income for all Members not provided for above.
(F) If any amounts remain after complete allocation for the purpose of paragraphs (A), (B), (C), (D) and (E) above, such amounts shall be paid to the City.
In the event assets shall be insufficient to discharge the liabilities of any class, the amount available for such class shall be allocated among the Members of that class in proportion to the liabilities for Retirement Income not previously purchased under the Group Contract.
Amounts allocated in accordance with paragraphs (A) through (E) above may be applied, in the discretion of the City, to provide benefits through the purchase of paid-up annuities on an individual or group basis, or any other means deemed appropriate.
ARTICLE 10 - THE RETIREMENT COMMITTEE
10.1 The Retirement Committee shall consist of the Mayor, the City Manager, the Chief of Police, and four persons appointed by the City Council. The Mayor, City Manager and Chief of Police will serve on the Retirement Committee by virtue of their respective office and position with the City of Dover. The appointed members will serve at the pleasure of the City Council and may resign or be replaced without cause.
10.2 The Retirement Committee shall select a Chairman and may select a Secretary (who may, but need not, be a member of the Retirement Committee) to keep its records or assist it in the doing of any other act or thing to be done or performed by the Retirement Committee.
10.3 The Retirement Committee shall administer the Plan and shall have the power and the duty to take all action and to make all decisions necessary or proper to carry out the Plan. Without limiting the generality of the foregoing, the Retirement Committee shall have the following powers and duties.
(A) To require any person to furnish such information as it may request for the purpose of the proper administration of the Plan;
(B) To make and enforce such rules and regulations or prescribe the use of such forms as it shall deem necessary for the efficient administration of the Plan;
(C) To interpret the Plan, and to resolve any ambiguities, inconsistencies and omissions, its interpretation and resolution to be finally conclusive and binding on all parties affected thereby;
(D) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; and
(E) To compute the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan;
10.4 The Retirement Committee may appoint an actuary with City approval to make actuarial valuations of the liabilities under the Plan, to recommend to it the mortality or other tables and the interest rates to be used from time to time in actuarial and other computations for any purposes of the Plan, to recommend to it the amounts of contributions to be made by the City and to perform such other services as the Retirement Committee shall deem necessary or desirable in connection with the administration of the Plan. The Retirement Committee and any person to whom it may delegate any duty or power in connection with administering the Plan shall be entitled to rely conclusively upon, and shall be fully protected in any action taken by them in good faith in reliance upon any tables, valuations, certifications, opinions or reports which shall be furnished to them by any actuary, accountant, counsel or other specialist.
10.5 In administering the Plan, neither the Retirement Committee nor any person to whom it may delegate any duty or power in connection with administering the Plan shall be liable for any action or failure to act except for its or his own wilful misconduct, nor for the payment of any benefit or other amount under the Plan. No member of the Retirement Committee shall be personally liable under any contract, agreement, bond or other instrument made or executed by him or on his behalf as a member of the Retirement Committee; nor for any mistake of judgement made by himself or any member of the Retirement Committee, nor for any loss, unless resulting from his own gross negligence or wilful misconduct; nor for the neglect, omission or wrong doing of any other member of the Retirement Committee.
10.6 All expense incurred prior to termination of the Plan that shall arise in connection with the administration of the Plan, including but not limited to the compensation of any actuary, accountant, counsel, specialist or other person who shall be employed by the Retirement Committee or the City in connection with the administration thereof, shall be paid by the City.
10.7 A majority of the Retirement Committee in office may do any act which the Plan authorizes or requires the Retirement Committee to do and the action of such majority expressed from time to time by a vote at a meeting, or in writing without a meeting, shall constitute the action of the Retirement Committee and shall have the same effect for all purposes as if assented to by all members of the Retirement Committee at the time in office. The members of the Retirement Committee may, by a writing signed by a majority of them, delegate to any one of them the authority to give certified notice in writing of any action taken by the Retirement Committee.
10.8 Unless otherwise agreed to by the City, the members of the Retirement Committee shall serve without compensation for services as such, but all reasonable expenses shall be paid by the City.
10.9 Any member dissatisfied with the action of the Retirement Committee shall have the right of appeal to the City Council within thirty (30) days from the formal notification of that action.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
11.1 The adoption of the Plan shall not be deemed to constitute a contract between the City and any employee or other person in the employ of the City, or to be a consideration for, or an inducement or condition of the employment of any Employee or such other person or to give any Employee the right to be retained in the employ of the City, or to interfere with the right of the City to discharge any Employee or such other person, at any time.
11.2 Except as may be prohibited by law, no benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan or Trust Fund, or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person entitled to any such benefits, except as specifically provided in the Plan, then such benefit shall cease and terminate in the discretion of the Retirement Committee, and it may hold or apply the same or any part thereof to, or for, the benefit of any dependent or beneficiary of such person in such manner and proportions as it shall deem proper.
11.3 If the Retirement Committee determines that any person entitled to payments under the Plan is an infant or incompetent by reason of physical of mental disability, it may cause all payments thereafter becoming due to such person to be made to any other person for this benefit, without responsibility to follow the application of amounts so paid. Payments made pursuant to this provision shall completely discharge the City and the Retirement Committee.
11.4 The provisions of this Plan shall be construed, administered and governed under the laws of the State of Delaware.
11.5 The City Manager is authorized to change or have changed the Article, Section and Subsection numbers of this Ordinance in order that it may be properly inserted into the Code of the City of Dover, Delaware
Adopted December 29, 1969
AIR MONITORING STATIONS
The Water & Air Resources Commission of the State of Delaware has requested permission of the City of Dover in install an Air Monitoring Station on the ground adjacent to the Police Station. This installation would be used for approximately one year and would be a temporary structure. On motion of Mr. Hastings, seconded by Mr. Hayes, Council granted permission to WAR to install an Air Monitoring Station at the location requested.
PAUL SCOTTON COUNCIL PETITION
A petition was received from Mr. Paul Scotton to run for Council in the upcoming election. The deadline for the filing petitions was advertised as 4:00 P.M. on Friday, December 26, 1969, as per the Charter. Mr. Scotton’s petition was received by the Clerk of Council on Saturday, December 27, 1969 at 11:30 A.M. The question arises as to the wording of the Charter in reference to the filing of petitions when a Legal Holiday is involved. City Hall was closed on Friday, December 26, 1969 upon permission of Council. Arrangements were made to distribute or receive petitions could be filed on the next working day, Monday, December 29, 1969, as provided by the Charter in the event of a Legal Holiday falling on the last date for filing petitions for Council. On motion of Mr. Jackson, seconded by Mr. Hastings, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hayes, accepted the petition of Mr. Scotton to run for Council in the January 1970 election. On motion of Mr. Hughes, seconded by Mr. Legates, Council by a vote of 7 ‘yes’ and 1 ‘no’, Mr. Hayes, amended the above motion to state that the petition of Mr. Scotton was received and accepted by the City of Dover on the advice of the City Solicitor.
GOVERNOR’S HOUSE PARKING
A request has been received from Mrs. Russell Peterson, wife of Governor Peterson, requesting arrangements be made for reserved parking in front of the Governor’s House on Tuesdays between 2:00 and 4:30 P.M., the regular visiting hours for the Governor’s Mansion. On motion of Mr. Hastings, seconded by Mr. Jackson, Council requested an ordinance be drawn to cover this request and presented to Council for their consideration.
PAUL REZONING
A request has been received from the Paul Land Development Corp. to rezone a parcel of land they own on the west side of U.S. Route 13, adjacent to the St. Jones River. A public hearing is required to amend the Zoning Map and Zoning Ordinance. On motion of Mr. Hayes, seconded by Mr. Jackson, Council by unanimous vote 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 AND DIRECTING THAT A NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain property located on the west side of U.S. Route 13, adjacent to the St. Jones River, is presently zoned for RG-2 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning ordinance and map.
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 at City Hall on January 26, 1970 at 8:00 P.M. on a proposed amendment to the zoning ordinance and map of the City of Dover which would rezone from RG-2 to RG-4 that property located on the west side of U.S. Route 13 and adjacent to and north of the St. Jones River, owned by the Paul Land Development Corporation, and containing approximately 16.18 acres.
Adopted December 29, 1969
COUNCIL ADJOURNED 8:15 P.M.
Jay R. Dougherty
City Clerk
All orders, ordinances and resolutions adopted by Council at its meeting of December 29, 1969 are hereby approved.
December 30, 1969 Crawford J. Carroll Mayor