REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on January 25, 1988 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Richter, Daisey, Legates, Christiansen, Levitt, and VanSant. Mr. Weyandt was absent.
In the absence of Reverend J.H. Williams, the invocation was given by Councilman Frederick VanSant.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested that an addition be made to the agenda to provide for the adoption of the Minuted of January 11, 1988.
City Solicitor Rodriguez requested that agenda item #6 (Proposed Charter Changes - Election Districts) be stricken from the agenda.
Mrs. Legates moved for approval of the agenda as amended, seconded by Mr. Lynn and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 11, 1988
The minutes of the Regular Council Meeting of January 11, 1988 were unanimously approved by motion of Mr. Christiansen, seconded by Mrs. Legates and bore the written approval of Mayor Carroll.
PUBLIC HEARING - ABANDONMENT OF ALLEY LOCATED DIRECTLY BEHIND 860 PAUL STREET
A public hearing was duly advertised for this time and place to consider abandonment of an unused alley located directly behind 860 Paul Street.
Mayor Carroll declared the hearing open.
Ms. Evangeline Woodfolk addressed Council on behalf of her sister, Martha Woodfolk who orginally requested abandonment of the alley. Ms. Woodfolk stated that abandonment of the unopened portion of the alley behind 860 Paul Street would not interfere with any other properties. She noted that her sister has maintained the area for several years and if abandoned, it is their intent to further beautify the area with shrubbery, flowers, etc.
Mayor Carroll declared the hearing closed.
Mr. Christiansen moved for abandonment of that portion of the alley located directly behind the residence of Martha Woodfolk at 860 Paul Street, seconded by Mr. Lynn and by a unanimous roll call vote (Mr. Weyandt absent), Council adopted the following resolutions.
A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER:
Be it resolved by the Mayor and Council of the City of Dover, In Council Met:
Section 1. The Council of the City of Dover hereby vacates and abandons the following alley lain out upon a plot as recorded in the Office of the Recorded of Deeds of Kent County:
Beginning at a point at the southeast corner of the lands of Martha Woodfolk in the north line of a 20 foot unopened public alley, thence running in a southerly direction for a distance of 20 feet to a corner for said alley and lands of Isaac Carter, thence running with Carter lands in a
westerly direction for 91.4 feet to a corner for said lands of Carter in line with the public alley, thence running a northerly direction for a distance of 20 feet to a corner for this alley and lands of Martha Woodfolk, thence in an easterly direction with Woodfolk lands 91.4 feet to the place of beginning, containing 1828 square feet, more or less.
Section 2. The aforesaid alley will revert to interested adjacent property owners, contingent upon
the granting of standard utility easements to the City.
Section 3. All costs associated with conveyance of the abandoned alley to interested adjacent property owners will be borne by said property owners.
Section 4. This resolution shall be effective upon the filing of a revised deed with the Office of the Recorder of Deeds of Kent County.
ADOPTED: January 25, 1988
MONTHLY REPORTS
Responding to questions on the Chief of Police Report, Chief Klenoski stated that a portion of the data contained in the report is derived from the State Bureau of Investigation. He estimated that police officers respond to approximately 120 lock-jock complaints per month.
Relating to the Financial Reports, Mr. VanSant questioned the practice of showing certain parenthetical figures that are not negative figures. Mr. Karia responded that parentheses are utilized to show surplus, as well as a negative figure. He conceded that this practice is somewhat confusing and noted that future reports will be modified.
By motion of Mr. Lynn, seconded by Mr. VanSant. Council unanimously adopted the following reports for the month of December;
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electrical Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electrical Revenue - Receipts & Disbursements Report
Parking Fund, Cash Receipts & Budget Report
UTILITY COMMITTEE REPORT
The Utility Committee met on January 13, 1988 with Chairman Richter presiding
District Heating Study
Burns and Roe were commissioned to perform a district heating study for the City of Dover. A preliminary report indicates that district heating is feasible, both economically and environmentally, for Dover. The major study will be completed very soon with final reports to be distributed prior to the next Utility Committee meeting.
Appeal of Denied Insurance Claim - Jesse Willey, Sr.
The committee considered an appeal of denial of payment by the City’s insurance carrier for a claim made by Mr. Jesse Willey, Sr. Of 907 Harriet Street. While installing a permanent, new utility-owned underground service on private property, employees of the Electric Department cut an existing customer-owned underground service. Due to the electrical wire being cut, Mr. Willey experienced electrical damage to his television set. A claim for damages was filed with the City’s insurance carrier who subsequently denied payment. The insurance company informed Mr. Willey that the City could not be held responsible for damages since the customer’s electrician did not call Miss Utility for a location of the underground facilities. The City Electric Department contacted Miss Utility prior to trenching and the customer-owned service was not located since it had not been reported by the private electrician.
The City Manager felt that there was fault on both sides. The Electric Department cut the line, but they did adhere to State law by calling Miss Utility prior to digging. Although the private line was not reported for location by the electrician, Mr. Bartolotta felt that the City should have asked the customer to locate their own facilities prior to digging the permanent service. He informed the committee that the Electric Department is developing a form for the customers to sign at the time a new underground service is requested which will state that the customer is responsible for locating all underground facilities on private property that may be in conflict with the service.
It was the recommendation of the Utility Committee that the bill submitted by Mr. Willey, totalling $190.92, be paid. It was suggested by the committee that the City notify the Insurance Company of their action on this matter and they be informed of the proposed procedures that the City will take to avoid this type of problem in the future.
Mr. VanSant felt that it was important to clarify to the citizens that this was a unique situation, where fault was found to be on both sides. Since some fault was felt to be the City’s, he agreed that the benefit of doubt should go to the citizen.
Mr. Richter moved to approve the recommendation of the committee, seconded by Mr. Lynn and unanimously carried.
Objections to Location of Utility Pole - B.P.O.E. Lodge No. 1903
The Dover Elks Lodge requested the removal of a City utility pole that was erected during the construction on Route #8 which is located within the confines of their entrance, creating a hazard to traffic entering and exiting establishment.
The committee discussed the reasons for the original location of the pole but noted that it has been discovered that the right-of-way for the line on the south side of the road will allow the change of location of the pole. Costs for relocating the pole is estimated at approximately $200. City staff felt that this cost, along with costs involved in removal of the old stub pole, can be charged to the State based on the necessary relocation of the stub pole.
It was the recommendation of the committee that the stub pole be removed from the front of the Elks Lodge and that the State be charged for the cost of relocating the existing pole to the south side of Route #8.
Mr. Richter moved to approve the recommendation of the committee and to direct the City Manager to correspond with the Dover Elks Lodge informing them of this action. The motion was seconded by Mr. VanSant and unanimously carried.
Annexation Request - Whiteoak Road - Mr. & Mrs. Rocellar Denson
A request for annexation of property located on Whiteoak Road was considered by the committee. The property is being purchased from Sunshine Builders, under a contract agreement, by Mr. & Mrs. Rocellar Denson.
The committee recommended that an annexation referendum be held for the Denson property only, which is located on Whiteoak Road.
Mr. Richter moved for approval of the committee’s recommendation to hold al annexation referendum for the Denson property, located on Whiteoak Road, seconded by Mr. Lynn and by a unanimous roll call vote (Mr.Weyandt absent), Council adopted the following resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD ID THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and more particularly described 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 Little Creek Hundred, Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
All that certain parcel, located in Little Creek Hundred, Kent County, State of Delaware, bounded on the South by White Oak Road, on the west by lands now or formerly of Roland Garrison, on the east by lands now or later of Melvin Johnson and on the north by lands now or formerly of Sunshine Builders. And being part of a larger parcel belonging to Sunshine Builders as described Deed Record W, Volume 34, Page 315. Containing .758 acres, more or less.
2. That an election be held on the 29th day of February, 1988 commencing at the hours of 11:oo a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purposes of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to day of this election.
ADOPTED: January 25, 1988
Annexation Request - 1278 Forrest Avenue - Howard Pollitt
Mr. Howard Pollitt requested annexation of property at 1278 Forrest Avenue. Noting that other property owners in the area, located just outside the corporate limits, have expressed no interest in annexation, the Utility Committee recommended that an annexation referendum be held for the property located at 1278 Forrest Avenue, owned by Howard Pollitt.
Mr. Richter moved for approval of the committee’s recommendation, seconded by Mr. VanSant and by a unanimous roll call vote (Mr. Weyandt absent), Council adopted the following resolution:
A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA.
WHEREAS, the Charter of the City of Dover authorizes the Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and
WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and more particularly described
within the limits of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the following described area situated in East Dover Hundred , Kent County, State of Delaware, and more particularly described and bounded herein be annexed to the City of Dover:
All that certain piece or parcel of land situate in East Dover Hundred, Kent County and State of Delaware, and lying on the southerly side of Delaware State Route 8 leading from Dover to Pearsons Corner, and more particularly described as follows:
Beginning at an iron pipe in th southerly line of Delaware Route 8 at a corner for this parcel; said point being located , when measured along said line of Route 8 westwardly approximately 1049 feet from its intersection with the physical centerline of Bennington Street; thence from said beginning point with lands of Frank Robino South 7 degrees 35 minutes West 455 feet to a point at a corner for said Robino land and this parcel at a corner for this parcel, thence North 7 degrees 35 minutes East 455 to a point in the southerly right-of way line of aforesaid Route 8 at a corner for this parcel, thence South 82 degrees 25 minutes East 155 feet to the point and place of beginning. Containing 1.6190 acres, more or less.
2. That an election be held on the 29th day of February, 1988 commencing at the hours of 11:00 a.m. in the City Hall Annex, The Plaza, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon.
3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended.
4. That this resolution be published in at least two issues of a newspaper published in the City of Dover at least two weeks prior to the day of this election.
ADOPTED: January 25, 1988
Bid - Radio Communication Equipment
Bids were received on a new high band radio system to replace the antiquated low bend radio system currently utilized by all departments except the Electric Department. The system is designed to have the ability to serve as a backup to the Police, Electric, and Fire Departments and has the capability of serving as a City wide emergency communications center in the event of an emergency or disaster.
The low bid was in the amount of $99,168.20 from Syntonics Technology, Inc. which included a trade-in allowance of $1,725 for the existing low band equipment. Due to the low amount of the allowance, staff recommended that it be deleted from the bid and that the City seek a buyer for the existing equipment.
The committee recommended that the bid for the new high band radio system be awarded to Syntonics Technology, Inc. In the amount of $100,893.20, which excludes any trade-in allowance $1,725 for the old equipment.
Responding to questions by Mr. Christiansen, Mr. Bartolotta stated that the bid includes one base and back-up, six remotes, and 57 mobile units. Chief Willson stated that units will be from General Electric.
In answer to a question by Mrs. Legates, Mr. Bartolotta stated that the bid is not through the State contract.
Mr. Richter moved to approve the committee’s recommendation to accept the low bid of Syntonic’s Technology, Inc. in the amount of $100,893.20 (excludes trade-in allowance for new equipment). The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Weyandt absent).
Bid - Transformer Rewind
In 1985, the 7.5 MVA transformer at the Lebanon Substation failed and attempts to sell the unit have been unsuccessful. It has been determined that rewinding the failed unit would be less expensive than purchasing a new one.
Bids were received for the Lebanon Substitution transformer rewind with the low bid received from U.S. Transformer, Inc. in the amount of $64,000.
The engineer’s estimate on this project was $79,000 and the budgeted amount for purchase of a new unit was $215,000, including installation and circuit breaker improvements.
Noting that rewinding the transformer will save money, the committee recommended approval of the low bid by U.S. Transformer, Inc., in the amount of $64,000.
Mr. Richter moved for approval of the committee’s recommendation to award the bid for the Lebanon Substation transformer rewind to the low bidder, U.S. Transformer, Inc., in the amount of $64,000. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr.Weyandt absent).
Route #13 By-Pass Utility Agreement - Electric
The City and the Department of Transportation have been working together on relocation requirements in conjunction with the Route #13 by-pass, including overhead and underground, 12V distribution, and 69KV transmission. The State authorized conceptual design work, and has submitted a proposed Letter Agreement for the project. The agreement is similar to other State Highway agreements, and the State will reimburse the City for all relocation expenses, including cost of outside engineering, construction contracts, material, and supplies.
The committee recommended approval of the Route #13 By-Pass Utility Agreement as submitted,
and as on file in the Office of the City Clerk.
Mr. Richter moved to accept the committee’s recommendation for approval of the Route #13 By-Pass Utility Agreement, as on file in the Office of the City Clerk. The motion was seconded by Mr. VanSant and carried by a unanimous roll call vote (Mr. Weyandt absent).
Route #13 By-Pass Utility Agreement - Water and Sewer
The committee reviewed a Letter Agreement between the City and the State regarding necessary water and sewer adjustments or relocations under the U.S. Route #13 Relief Route projects. The agreement provides that the State will do all design work, and the contractor will carry out all work. The City will be reimbursed for any inspection time necessary on the relocations. The agreement applies only to existing facilities.
It was the recommendation of the committee that the Letter Agreement for necessary water and sewer adjustments or relocations under the U.S. Route #13 Relief Route Project be approved.
Mr. Richter moved to accept the committee recommendation for approval of the Letter Agreement for necessary water and sewer adjustments or relocation under the U.S. Route #13 Relief Route Project, as on file in the Office of the City of Clerk. The motion was seconded by Mr. Lynn and carried by unanimous roll call vote (Mr. Weyandt absent).
Water Franchise Service Areas
The committee reviewed the status of the City’s application of DNREC for a water Utility Franchise. The DNREC has notified the City that the application cannot be processed until requirement H-7 has been satisfied, which deals with notification to property of the City’s intent to include their property in the City’s water franchise area.
The committee discussed several areas of concern with establishment of a franchise area and tabled action until such time as the City Manager can further research the matter and report back to the committee.
Sewer Services Outside City Limits
The Town of Little Creek is exploring the possibility of a centralized sewer system and Kent County has requested that the City look at the possibility of accepting wastewater from Little Creek into Dover’s system.
The committee considered the possibility of allowing Little Creek to tie into the Laffertys Corner Pumping Station. This pump station would have the required capacity, although the increased flow would decrease the reserve capacity for future growth. An agreement would be required between the City and County for billing the County for use of the City’s collection system, to include maintenance costs or future upgrade costs on the mains downstream of Laffertys Corner.
The need for assurances to the City that the integrity of the capacity would not be affected was expounded on by the committee, and it was noted that the City could set specific guidelines in the Agreement, such as a cap on the amount of sewage allowed into the system. Little Creek has not made a definite decision on a central sewer system, but the County has requested the City’s position on the proposal.
Eventually the County’s trunk line will be relocated in conjunction with construction of the Dover By-Pass and the committee discussed the possibility of a line also being built to carry fuel for Dover Air Force Base to eliminate the transportation of fuel through Wilmington into Chester, feeling that both lines should be installed at the time of construction of the Dover By-Pass.
It was the recommendation of the committee that the City Manager be authorized to continue discussions with the County, addressing the committee’s concerns relative to the County’s planes in conjunction with the Dover By-Pass, the City’s need for preservation of capacity, and a manner in which to give the City protection for the line between Little Creek and the City of Dover.
Mr. Richter moved to approve the committee’s recommendation to authorize the City Manager to continue discussions with the County relative to concerns expressed by the committee. The motion was seconded by Mr. Lynn and unanimously carried.
Mr. Richter moved that a letter be written to the Department of Transportation and to Dover Air Force Base expressing Council’s support for the installation of a line to carry fuel from Dover Air Force Base to eliminate the transportation of fuel from DAFB through Wilmington into Chester, as suggested by Mayor Carroll. The motion was seconded by Mr. VanSant and unanimously carried.
Report on Financing Sanitary Sewer Improvements
The committee discussed financing alternatives for future sewer construction which included consideration of impact fees as well as total financing through water/sewer rates. The committee took no action on the matter, noting that further discussions will take place with local contractors and realtors.
Mr. Richter stated that he has set a special Utility Committee meeting specifically for the purpose of discussing financing alternatives for future sewer construction. The meeting has been set for February 3, 1988 at 7:30 p.m. in the Caucus Room of City Hall.
Mr. VanSant referred to a previous request for the City Manager to supply members of Council with information regarding the number of cities involved in litigation stemming from utilization has been requested from Nimlo but is not yet available. If possible, this information will be submitted before the special Utility Committee meeting.
Unit #3 Burners - Status Report
A status report on the Unit #3 burners was reviewed by the committee. The extensive work on the burners was completed on September 19, 1987, but the unit is still not on line. The work on burners and controls was completed on November 30th , which was on schedule. The Generator Rotor Rewind was completed two days behind schedule. A start-up of the burners was attempted on December 29th, but the igniter flame detectors were not operating correctly. Replacement detectors were installed on December 13th, but during a test on December 17th, boiler vibration was detected and it was discovered that some refractory was broken and falling out. Inspections and analysis of the problem was scheduled for December 21 - 24, 1987.
The committee discussed contract penalty clauses, although Mr. Bartolotta stated that there is some question as to how much penalty will be imposed and which contractors will be involved.
Mr. Bartolotta updated Council on the status of the unit #3 burners since the date of the Utility Committee meeting.
Unit #3 is capable of operating up to 50MW without problems. Operation was up to 90MW without vibration, although it is still experiencing minor problems in terms of capacity and vibration at different levels. Contractors will be working for the next couple of weeks. Due to the present Grid prices, the City is not suffering economical loss due to the fact that we are buying power rather than making it. Staff will closely monitor the situation of the Unit #3 burners.
Power 2000 Planning Project
Electric Department staff presented a recap of information covered during previous Power 2000 Planning workshops. Discussion centered around costs of oil, coal, and gas, and projections for the future on the most economical direction for the City of Dover Power Plant. Staff presented charts depicting the predictability of the price of coal when compared to the costs of gas and oil. Mckee Run Power Plant cannot compete with other utilities on gas and coal, although the City is competitive with oil. Members of the Electric Department staff reiterated the importance of being able to switch between types of fuel, depending on which fuel is most economical to burn at any given time.
The City Manager will submit an outline of possible alternatives as discussed during previous workshops. He would like a Power Supply to be initiated in the spring to determine a recommended course of action. The Utility Committee will continue discussion on this matter.
Electric Director - Tom Darte
Mr. Richter reported that Mr. Tom Darte, Electric Director, has announced his intentions of leaving the City’s employment to take a new position as General Manager of a municipal utility in Texas.
Council extended their appreciation to Mr. Darte for his hard work and for the direction in which
he has led the City’s Electric Department and wished him well in his new position.
Prior to accepting the Utility Committee Report, Mr. VanSant requested that the minutes be amended to reflect that the agenda was approved by motion of Mayor Carroll, not by motion of Mr. VanSant.
Mr. Levitt moved for approval of the Utility Committee Report, as amended, seconded by Mr. Lynn and unanimously carried.
CORRESPONDENCE
Request for Regulations Governoring Skateboard Ramps- Janice E. Sibbald
Ms. Janice E. Sibbald of 144 Blue Beach Drive requested that Council approve regulations concerning this type of structure and felt that the matter should be addressed for the safety of all citizens. She cited an incident where her neighbors erected a skateboard ramp in their yard, very close to the property line. Although Ms. Sibbald has a six foot fence around her yard, skateboards have been launched uncontrollably over the fence and into her yard.
Responding to the complaint, Mr. Roe read the following letter into the record:
“Dear Mrs. Sibbald:
Pursuant to your letter dated January 12, 1988, requesting the City to reconsider its determination that skateboard ramps and “pipes” are not regulated under the City of Dover Zoning Ordinance, our office has again discussed the situation and believes that our previous position and determination to be corrected.
I would suggest that if you feel our interpretation and determination to be in error that you file an appeal of our decision with the City of Dover Board of Adjustment. The Board has the power of interpretation and on an appeal of our decision, may determine the meaning of any portion of the test of the City’s Zoning Ordinance.
At your convenience we could meet so that I could explain the procedures for filing an appeal to the City’s Board of Adjustment. If you have any questions or wish to file an appeal, please do not hesitate to contact me.
Sincerely,
Ed Cregar, Jr.
Assistant Inspections Director/Planner”
Mr. VanSant felt that the type of activity described by Ms. Sibbald is very dangerous and that the City should have some control over how and where these ramps should be permitted. There is the possibility of a skateboard flying into the air and onto another person’s property which could be extremely dangerous.
Mr. VanSant moved that the matter be referred to the City Planner and the Solicitor for possible revision to the ordinance. The motion was seconded by Mr. Lynn and unanimously carried.
City of Dover Program Funding - Kent General Hospital
Dennis E. Klima, President of Kent General Hospital, wrote to Council to express support for the City’s request from the County for financial contribution towards the paramedic program which serves county residents as well as City taxpayers. Mr.Klima alluded to the hospital’s contribution to the community through health care services for the poor and needy and reiterated their endorsement of the City’s efforts to gain financial assistance for the paramedic program through tax based financing.
In the letter, Mr. Klima stated that “During Kent General Hospital’s last fiscal year, over $3,500,000 of care was rendered to the poor and needy.” Mr. Levitt stated that not all of the charity monies referred to by Mr. Klima are borne by the hospital. This type of expense is made up by charging additional rates on rooms, etc. which is used to recoup the uncompensated care that is generated by the emergency room. Mayor Carroll also noted that not all of the recipients of this care are City of Dover residents.
Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mr. Lynn and unanimously carried.
U.S. Route #13 Emergency Access - Kermit H. Justice, Secretary - Department of Transportation
A letter was received from Kermit H. Justice, Secretary of the Department of Transportation, clarifying his last response to City Council in relation to emergency access on the proposed Route #13 Relief Route. Secretary Justice explained that local access to the toll plaza north of Whiteoak road is required for operation of the toll plaza. As a result of the construction of a driveway to the toll plaza from Whiteoak Road, this ramp will always be available for emergency access. As requested by the Fire Company and the City of Dover, the State is also considering the possibility of providing emergency ramps in the vicinity of E. Division Street. Once all studies are complete and the emergency access plan has been developed, it will be presented to the Dover Fire Company and the City of Dover.
Mr. Vansant moved to acknowledge receipt of the letter and that a copy of the letter be forwarded to Robbins Hose Company. The motion was seconded by Mrs. Legates and unanimously carried.
Request for Support of S.B. No. 179 - 2 % Special State Tax on Insurance Premiums - Redistribution of Proceeds
F. Thomas Savage and John Ogden of Wilmington, Delaware directed a letter requesting the City’s support for S.B. No. 179, which relates to a 2% special state tax on insurance premiums that would redistribute the proceeds as the original bill intended. Increasing the present 1/4% to 2% would benefit all police agencies throughout the State of Delaware.
Mayor Carroll voiced his strong support for the bill and in response to a question by Mr. Richter, Mayor Carroll stated that the bill has the support of the League of Local Governments.
Mr. .Christiansen moved that the City Clerk write to State of Delaware Senators and representatives to express Council’s support of S.B. No.179, seconded by Mr. VanSant and unanimously carried.
Dover Housing Authority - Cooperation Agreement for Additional Housing Units
A letter was received from Susan Farley, Executive Director for the Dover Housing Authority, notifying the City that the Dover Housing Authority has submitted to the Department of Housing and Urban Development an application for 75 additional housing units which will consist of a garden-type project providing housing to the elderly and handicapped. The Dover Housing Authority is requesting that the City of Dover enter into a Cooperation Agreement which covers provisions for payments in lieu of taxes.
Mr. Richter moved that the request be referred to the Legislative and Finance Committee and the City Solicitor, seconded by Mr. Christiansen and unanimously carried.
Objections to Two-Way Traffic Proposal on North Street - Ernest V. Keith
In a letter directed to Mayor and Council , Ernest V. Keith voiced objections to the two-way traffic proposal on North Street, between Queen and Federal Streets. Mr. Keith stated that the plan would be an extreme imposition to owners of the Queen Street Plaza Office Condominiums if the on-street parking is eliminated to facilities the two-way traffic proposal.
Mr. VanSant moved for referral to the Safety Advisory Committee, seconded by Mr. Christiansen and unanimously proposal.
City of Dover Employee Vacation Policy - Betty H. Torbert
The following letter was received from a former City employee, Betty H. Torbert:
“Dear Mayor and Council Mambers:
There is a situation in the City of Dover that should be of concern to you. This is not an exclusive situation; it has happened to other City employees in the past, and I feel should be brought to the Council’s attention.
I was employed at the City of Dover Electric Department for 6 months. I was offered a position with another company ( $4,000 annual increase). I typed my letter of resignation and presented it to my Assistant Supervisor on September 29, 1987. I was asked to withhold giving the letter to my Supervisor until the Assistant Supervisor had a chance to see what he could do in regard to trying to work out something so that I would stay with the City. When I did submit my letter of resignation to my Supervisor on October 2, I gave him a resignation date of October 9, 1987.
I was informed by Personnel at City Hall that my vacation pay was going to be withheld because I did not give the City 2 weeks notice. I explained to her the circumstances of withholding my resignation letter, but that made no difference. I asked for the section in the employee’s handbook that states that 2 weeks notice had to be given in order to receive your vacation pay. She read from her hand book, but strangely enough, my book did not state the same thing. She said that they used the vacation pay as leverage to get the employee to reconsider. It had been done in the past and had worked.
There is a provision in the Employee Handbook that states that 2 weeks notice is expected but it does not say it is required. Ms. Paulson told me that my vacation pay would not be paid unless I extended my notice to October 16, 1987. I felt that this was unfair; that I was entitled to this since I had accumulated the pay on a monthly basis. To use this is a device to get me to change my mind was extremely unethical.
I called my lawyer, Mr. Ridgely, and he advised me of my legal rights and unofficially helped me to construct a letter that I was going to submit to Mr. Bartolotta if need be. When I informed Ms. Paulson of this, the next day I received a phone call from her saying that I had completely misunderstood what she was trying to say. My complete vacation pay was not going to be withheld. If I worked until October 13, I would receive my full vacation pay. This was 2 weeks from when I had written my letter of resignation.
I did not misunderstand what was being told to me. I had two conversations with Ms. Paulson who had conferred with Mr. Bartolotta and I knew exactly what had been stated. I did work until October 13 and I did receive my full week’s vacation pay upon my termination with the City. However, I did not appreciate the hassle I had to go through in order to receive what was rightfully mine. I had done a good job for the City and worked hard as the Secretary to the Electric Director. Why should it have been such a struggle to leave in a dignified manner? I’ll admit the feelings I had on my departure were not the best.
By this documentation of my experience, however insignificant it may seem. Hopefully something can be done in the future to prevent others from suffering the mental and emotional upset that I had to encounter.
Sincerely,
Betty H. Torbert
P.S. I am requesting that this letter be put in its entirety in the Council Minutes.”
Noting the absence of Mr. Weyandt, Mr. VanSant reported that Mr. Weyandt requested that this matter be referred to the Legislative and Finance Committee for review.
Mr. VanSant moved for referral to the Legislative and Fianance Committee, seconded by Mr. Christiansen and unanimously carried.
Mr. VanSant moved for adjustment into executive session to discuss legal matters, seconded by Mr. Lynn and unanimously carried.
Meeting adjourned at 8:25 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of January 25, 1988, are hereby approved.
CRAWFORD J CARROLL
MAYOR