REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on September 23, 1985 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Richter, Ambruso, Boaman, Bulley, Christiansen, Witt, Weyandt and Shevock.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested an additional agenda item under correspondence from Storer Cable Television.
Mr. Witt requested an additional agenda item under correspondence from Superintendent of Schools, Dr. Goate'.
Mr. Roe advised that City Solicitor Rodriguez requested an executive session immediately following adjournment to discuss legal matters.
Council unanimously adopted the agenda as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 9, 1985
The minutes of the Regular Council Meeting of September 9, 1985 were unanimously approved by motion of Mr. Christiansen, seconded by Mr. Bulley and bore the written approval of Mayor Carroll.
PUBLIC HEARING - REZONING PROPERTY ON SOUTH SIDE OF WALKER ROAD, BETWEEN BURGER CONSTRUCTION COMPANY AND SAULSBURY ROAD - MCBROCK, INC.
A public hearing was duly advertised for this time and place to consider rezoning of property located on the south side of Walker Road, between Burger Construction Company and Saulsbury Road, owned by McBrock, Inc. (c/o Brockstedt & Associates, Inc.).
Mayor Carroll declared the hearing open.
Mr. Peter Brockstedt of McBrock, Inc. advised that he previously appeared before Council on the same parcel of land to request a zoning of RG-3 which permits townhouses. Since the time that the zoning was approved, numerous townhouses east and west of Saulsbury Road have been constructed. Due to the saturation of townhouses and expansion of residential properties to the west, Mr. Brockstedt felt that this particular parcel of land should be utilized as a service area, hence the request for a zoning of C-lA. Mr. Brockstedt stated that utilities are available adjacent to the property and roadways are built to handle any traffic that might be generated. He requested approval of the rezoning.
Questioned by Mr. Richter, Mr. Brockstedt stated that the entire plot of approximately eight acres was zoned RG-3. Recently, a portion of the parcel was rezoned RG-0. He felt that eight acres of development for RG-0 exceeded the need for general office facilities in the area.
Mr. Shevock objected to the numerous requests for rezoning of the same parcel of land in that the original zoning was R-20 and changed to RG-3; now a portion of the land has been rezoned to RG-0 and a further request for the remaining parcel is requested to be zoned C-1A.
Mr. Boaman asked if the plot to be rezoned C-1A is to be developed in the near future.
Mr. Brockstedt stated that he is in the process of having site plans drawn for the proposed light commercial development.
Mayor Carroll declared the hearing closed.
Mr. Boaman moved for approval of the rezoning, seconded by Mr. Ambruso.
Mr. Richter referred to the Planner's report, requesting an explanation for a statement that "neighborhood commercial use would have less density than the medium density residential".
Mr. Roe stated that the commercial development probably would create more traffic in general but not peak traffic as would be generated by residential development. By peak traffic, Mr. Roe explained that residential development causes a high traffic situation early in the morning as people report to work and in the evening, while returning from work.
By roll call vote of five (5) yes, three (3) no (Mr. Richter, Mr. Weyandt and Mr. Shevock), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTH SIDE OF WALKER ROAD BETWEEN BURGER CONSTRUCTION COMPANY AND SAULSBURY ROAD.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-3 to C-1A.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-3 to C-lA on that property located on the south side of Walker Road between Burger Construction Company and Saulsbury Road, owned by McBrock, Inc.
ADOPTED: September 23, 1985
PUBLIC HEARING - REZONING PROPERTY ON SOUTHEAST CORNER OF RIVER ROAD AND U. S. ROUTE #13 AGNES WILLEY ESTATE
A public hearing was duly advertised for this time and place to consider rezoning property located on the southeast corner of River Road and U.S. Route #13, owned by the Agnes Willey Estate (equitable owner is K.C. Sheth).
Mayor Carroll declared the hearing open.
Mr. K.C. Sheth, equitable owner of the property, was present stating that he has engaged in discussions with residents of The Beeches who were concerned that he was proposing a commercial facility at the site. The parcel of land lies adjacent to the entrance of Laurel Drive. He advised that be plans to construct a small office complex on the land..
Mayor Carroll declared the hearing closed.
Mr. Weyandt noted the following petition submitted by residents of the area:
"We, the undersigned, specifically advise the City of Dover Planning Commission that the residents of The Beeches community oppose the rezoning of lands located on the southeast corner of River Road Extended and U.S. Route #13, owned by the Agnes Willey Estate."
Mayor Carroll advised that the petition represents 14.3% of the property owners within 100' of the proposed rezoning.
By motion of Mr. Christiansen, seconded by Mr. Boaman, Council by a roll call vote of seven (7) yes, one (1) no (Mr. Ambruso), adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RIVER ROAD AND U.S. ROUTE 013.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-10 to RG-O.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-10 to RG-0 on that property located on the southeast corner of River Road and U.S. Route #13, owned by the Agnes Willey Estate.
ADOPTED: September 23, 1985
MONTHLY REPORTS - AUGUST
By motion of Mr. Weyandt, seconded by Mr. Christiansen, Council by unanimous vote adopted the following reports for the month of August:
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 Report
General Fund, Budget Report
Water/Sewer Fund, Revenue Report
Water/Sewer Fund, Budget Report
Inter-Governmental Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue Report
Electric Revenue Fund, Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
SAFETY ADVISORY COMMITTEE REPORT
The Safety Advisory Committee met on September 10, 1985 at 3:30 p.m. with Chairman Witt presiding.
Patricia Ash - Petition - Barrister Place - Children Playing Sign
A petition was received from Ms. Patricia Ash, Barrister Place, to erect a "Children Playing" sign.
The committee recommended approval of the sign, stipulating that a copy of the ordinance prohibiting children playing in the street be included with a letter of notification to Ms. Ash.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.
Larry Drennen - 814 Wilson Drive - Children Playing Sign
The committee recommended that a "Children Playing" sign be erected on Wilson Drive, near the intersection of Schoolhouse Lane, stipulating that a letter be sent to Mr. Drennen informing him of an ordinance prohibiting children playing in the street with a copy of the ordinance attached.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and carried.
Mr. Bulley stated that he appreciated what the committee is doing concerning the safety of children, but he felt that the City is creating a false sense of security for children to play in the streets.
Earl McGinnis - Stop Sign at Chatham Cove Entrance to Garden Lane
Mr. Roe reported that the developer of Chatham Cove, Mr. Beiser, has been notified by certified letter that he must erect a stop sign at the entrance to Garden Lane.
Mr. Witt moved to notify Mr. Beiser that a standard red stop sign must be installed.
In addition, Mr. Witt stated that the committee recommended to instruct the Planning Commission to include in their Site Plan approvals, the requirement of proper signing of developments such as traffic control and children playing signs.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
Mrs. Joseph Lopez - East Lake Gardens - Children Playing Sign
In accordance with a request by Mrs. Joseph Lopez of East Lake Gardens, the committee recommended that a "Children Playing" sign be erected, stipulating that a letter be sent to Mrs. Lopez pointing out an ordinance that prohibits children playing on the street with the ordinance attached.
Mr. Witt moved for the recommendation, seconded by Mr. Christiansen and unanimously carried.
Reflectorized Road Markings - North Governors Avenue
It is expected that the State will repave N. Governors Avenue sometime in the next one to two years. When this is accomplished, the committee recommended that the City correspond with the State requesting the placement of reflectorized road markings on N. Governors Avenue.
Mr. Witt moved to authorize the City Manager to correspond with the State requesting the reflectorized road markings. The motion was seconded by Mr. Weyandt and unanimously carried.
Bike Path - Walker Road
The City Manager has corresponded with Senator Zimmerman and Representatives E. Stuart Outten and Edward Bennett, conveying requests by several residents for the construction of a bike path on Walker Road.
A letter from Representative Outten advised that he intends to include the Walker Road bike path in the State's fiscal year 1987 bond bill.
The committee recommended that a letter be sent to Representative Outten extending the City's appreciation for submitting a bike path in the bond bill and that copies of the letter be mailed to Senator Zimmerman, Representative Bennett, and Ms. Erin W. O'Donnell.
Mr. Witt moved that the City Manager correspond with the above named, stating the City's appreciation for Representative Outten's action. The motion was seconded by Mr. Weyandt and unanimously carried.
Traffic - Alley Behind Edgehill Shopping Center
A letter from Mrs. Edith S. Minner complained of traffic in the alley behind Edgehill Shopping Center and suggested that a "No Thru Traffic" sign be placed at the end of the alley.
The committee recommended that Mrs. Minner be sent a letter explaining proposed changes in traffic flow due to the development of the John Hunn Brown project.
Mr. Witt moved that City Manager Bartolotta advise Mrs. Minner by letter that the City is delaying any traffic changes in the area due to the proposed development of the John Hunn Brown tract. The motion was seconded by Mr. Weyandt and unanimously carried.
U.S. Route #13 By-Pass - Alternate Route Recommendation
Mr. Witt stated that the committee considered alternate routes as proposed by the State for the U.S. Route #13 by-pass and recommends that the City take a position recommending the near-east alternate route since the alignment will circumvent populated areas and would do the least harm in disturbing populated development areas. The Planning Commission also recommends the near-east alignment.
Mayor Carroll noted a letter from the Chamber of Commerce, also endorsing the near-east alignment.
Mr. Witt moved that an appropriate resolution be drafted and brought back to Council advising appropriate entities of the State that the Planning Commission, the Mayor and the City of Dover Council endorse the near-east alignment for U.S. Route #13 by-pass. The motion was seconded by Mr. Christiansen and unanimously carried.
Left Turn Lane - Walker Road and State Street
The committee noted that the allocated lane for a left turn onto Walker Road from N. State Street is not adequate to accommodate traffic that is waiting for the left turn signal.
The committee recommended that City Manager Bartolotta contact the Highway Department suggesting that the holding lane for left turns onto Walker Road be extended south on State Street to accommodate more than the three cars that presently exists.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Christiansen and unanimously carried.
Bicentennial Village and The Greens of Dover - Traffic on Independence Boulevard
The committee discussed at length a request of Mr. Clark and residents living just off Independence Boulevard to install a four way stop at the intersection of Old Flint Circle and Independence Boulevard.
The committee recommended that a four way stop be placed at Independence Boulevard and Old Flint Circle for a period of one year to determine its effectiveness, noting that there will be a change in traffic flow after improvements to Route #8, development of the shopping center, and improvements on Walker Road.
Mr. Witt moved for the recommendation, seconded by Mr. Christiansen.
Mr. Shevock objected to additional stop signs on Independence Boulevard, noting that the street was designed to carry thru traffic. It was his opinion that the City should not constantly be erecting traffic control signs that restrict the flow of traffic.
Mr. Bulley noted that the additional stop sign will create two stops within a one block area.
Mr. Weyandt also expressed his concern that the street was designed as a major traffic artery and future development might dictate changing or removing some of the restrictive traffic signs.
By a voice call vote of six (6) yes, two (2) no (Mr. Shevock and Mr. Bulley) the committee recommendation was approved.
Mr. Witt moved for approval of the Safety Advisory Committee Report as submitted, seconded by Mr. Christiansen and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on September 11, 1985 at 7:30 p.m. with Chairman Richter presiding.
Unit #3 Turbine Monitoring
Mr. Richter stated that the committee, after reviewing facts presented by the City Manager to install a monitor on unit #3 turbine, suggested further investigation to determine if the monitoring installation costs could be reduced. The monitoring system would detect any misalignment in the turbine and require readings over a five year period unless it is determined that further readings are not necessary.
The committee recommended entering into a contract with the firm of Wiss, Janney Elster and Associates, with Marshall Maintenance as a sub-contractor to record the readings over a five year period with an option to terminate if it is found that further readings are not necessary. Total cost of the project is $44,360.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Bulley and carried by unanimous roll call vote.
Irrigation Wells - Eden Hill Farms
Mr. Richter advised of a request from Eden Hill Farms to install two 8" x 80' irrigation wells on the Eden Hill Farm. The City Manager was asked to investigate possible detriment to existing wells in the area and a proposed well by the City of Dover, to be located within 6,000'.
The firm of Betz, Converse and Murdoch performed an analysis to determine the impact that the two irrigation wells would have on the proposed City well and existing wells of General Foods and Scott Paper and indicated that there would be some draw down due to the irrigation well but the affect would be negligible. The recharge capabilities of the area exceeds any demands by existing or proposed wells.
The committee recommended that the City notify the State of no objections to the irrigation wells as long as the wells are not tied into any future industrial development.
Mr. Richter moved for the recommendation of the committee, seconded by Mr. Weyandt and carried by unanimous roll call vote.
Annexation Request - Webbs Lane/S. Governors Avenue/Route #13
A request was received from Mr. Glenn Hitchens attorney representing Wendy's Old Fashioned Hamburgers of New York, Inc. and C.G.W. Enterprises, Inc. to annex parcels of land at the intersection of U.S. Route #13 and Webbs Lane. The parcel of land would extend west to Governors Avenue.
Noting that Wendy's could receive water and sewer without annexation, the committee recommended that an annexation referendum be held for the site to include lands owned by Mr. Degennard, with Mr. Richter voting no.
Mr. Roe advised that the Planning Commission recommended denial of the annexation request since the land would only be contiguous to the City limits at a very small point.
Mr. Ambruso asked if Wendy's could tap into City water and sewer lines even though the land is not annexed.
Mr. Bartolotta advised that this would be true only if Wendy's also owns adjacent land fronting on Governors Avenue.
Mr. Weyandt noted that U.S. Route #13, parallel to the Rudnick property, was annexed with the Rudnick parcel. The land requested for annexation is only contiguous to City boundaries at the point of Webbs Lane and U.S. Route #13.
For the purpose of bringing the question of annexation on the floor, Mr. Richter moved for approval of an annexation referendum to be held on October 24, 1985 and that the annexation description include Webbs Lane which is adjacent to the property. The motion was seconded by Mr. Ambruso and by a roll call vote of four (4) yes, four (4) no (Mr. Richter, Mr. Christiansen, Mr. Witt and Mr. Weyandt), the annexation was denied.
As recommended by Mayor Carroll during committee discussions, Mr. Richter moved that the entire City policy for furnishing water and sewer outside the corporate limits be reviewed. The motion was seconded by Mr. Weyandt and unanimously carried.
Annexation Request - Clyde Hinebaugh - Horsepond Road
A request was received from Mr. Clyde Hinebaugh, owning property on Horsepond Road, to be annexed within the corporate limits of the City of Dover. Mr. Richter stated a similar request was denied by Council in the past four months after a survey of property owners on the east side of Horsepond Road indicated an annexation referendum would fail. The Utility Committee recommended approval of the annexation referendum.
Mr. Roe advised that the Planning Commission also recommended approval of annexing the Hinebaugh property feeling that a precedent was set by annexing the SPCA property in the same area.
Mr. Richter moved for adoption of a resolution setting an annexation referendum on October 24, 1985 for the Hinebaugh property on Horsepond Road, seconded by Mr. Christiansen and by a unanimous roll call vote, 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 east of 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:
BEGINNING at a point in the right of way of Horsepond Road, said point being a corner for these lands and lands of Edward Troise and thence running with said lands in a northeasterly direction for a distance of approximately 510 feet to a corner for these lands and lands of Ernest Zimmerman, thence running with said lands in a southeasterly direction for a distance of approximately 175 feet to a corner for these lands and lands of Frankie Martin, David Schamp, and Marie Kase, thence running with said lands in a southwesterly direction for a distance of approximately 446.55 feet to a corner for these lands in the easterly line of Horsepond Road, thence running with said easterly line of Horsepond Road in a northwesterly direction for approximately 175 feet.
Containing 1.9 acres, more or less.
2. That an election be held on the 24th day of October, 1985, 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: September 23, 1985
Truck Bids - Electric Department
A bid request was published for an Electric Department 30' aerial tower and aerial tower body bucket trucks. Six bids were received with Sterling Industries submitting the low price of $27,294 and a delivery date of 180 days after receipt of purchase order.
The committee recommended approval of the bid to Sterling Industries contingent upon the truck being a 1986 model.
Mr. Richter moved for approval of the purchase as recommended by the Utility Committee, seconded by Mr. Ambruso.
Mr. Shevock stated that a directive had been issued that all purchases of trucks and automobiles shall be purchased in groups rather than one at a time. He requested a reason for purchasing this one piece of equipment for the Electric Department.
Mr. Bartolotta explained that there was some confusion concerning the intention of the directive and that this matter has been cleared with all departments. In the future, purchases of vehicles, trucks, and chassis will be grouped together before bid specifications are published.
By a roll call vote of six (6) yes, two (2) no (Mr. Bulley and Mr. Shevock), the purchase of the Electric Department tower and bucket truck was approved in the amount of $27,294. It was also noted that the truck is a 1986 model.
Mr. Weyandt moved for approval of the Utility Committee Report as submitted, seconded by Mr. Bulley and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on September 17, 1985 at 7:30 p.m. with Chairman Boaman presiding.
Officer John R. Teare, Jr. - Dover Police Department - Appeal of Termination of Wages
Mr. Boaman explained the City policy to subsidize workmen's compensation payments to equal the wages of personnel who have been injured on the job, for a maximum of sixty (60) days. In the case of Officer John R. Teare, Jr., the 60 days has elapsed and his payments have been reduced to 66 2/3% of his average weekly pay. There have been occasions when Council, through their own prerogative, have subsidized workmen's compensation payments to equal the police officer's average weekly pay.
The committee felt that the City's policy toward police officers should be consistent with all personnel of the City. Officer Teare does have accrued sick leave and vacation time, therefore, it was the committee's opinion that this accrued time should be used before further consideration of subsidizing workmen's compensation payments.
The committee recommended that Officer Teare's request to extend the 60 day maximum for 100% weekly salary be denied. They further recommended that after Officer Teare has utilized all accrued sick leave and vacation he may submit his appeal to Council for an extension of time to receive 100% of weekly salary.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock. Mr. Christiansen stated that he has compiled some pertinent documents to the case of Officer Teare: First, was a personnel policy of the City of Dover from July 1, 1968 which states that workmen's compensation recipients, during absence due to an illness or injury while performing the duties of the City of Dover shall receive full payment of salary, less compensation payment.
Mr. Christiansen construed this to mean that regardless of the length of time the person is out, the City will make up 100% of the employee's pay above and beyond what is covered by workmen's compensation. This was revised on April 11, 1977.
The second document states that personnel benefits of the City of Dover Police Department (which was signed by W. Lloyd Spence, page 2, item 22), shall be paid for the total time off. Mr. Christiansen stated that the document does not mention that the employee has to subsidize the difference between 100% pay and payments from workmen's compensation.
Mr. Christiansen stated that there was an agreement between the City of Dover Police Department and the City that was effective February 14, 1977 which states, on page two, a maintenance of standards "The parties agree not to eliminate any benefits currently conferred uniformly throughout the department". This policy was adopted April 11, 1977 and Mr. Christiansen did not believe it could be changed since it was a binding contract. The document also contains a definition of benefits on page 3, as follows:
“Any established practice on procedure the primary intent of which is to better the working conditions of the individual member rather to enhance the operational efficiency of the department."
Mr. Christiansen referred to a policy change on April 11, 1977 to initiate a 60 day maximum in which the City would subsidize workmen's compensation payments. Mr. Christiansen did not believe that this was a legal move in that binding contracts state otherwise.
Mr. Christiansen inquired as to when the 60 day maximum policy was initiated.
Mr. Bartolotta stated that the policy was changed in July 1976 which superseded the past practice clause which was entered into on February 1977.
Under the terms of the contract between the City of Dover police officers and the City of Dover in reference to maintenance of standards, Mr. Christiansen asked if the City can change a benefit.
Mr. Bartolotta stated that the City has documented that the practice in effect as of July 1976 to extend benefits is and remains a Council option.
Mr. Christiansen asked if under the maintenance of standards, the City is going to ignore the document signed by Chief Spence.
Mr. Bartolotta stated that staff felt that Chief Spence was in error since the policy dates back to 1976.
Mr. Boaman stated that the committee did not feel they were wrong in asking Officer Teare to exhaust his vacation and sick time before further consideration of his request to extend the 60 day limit. This is the purpose of sick leave and vacation time earned.
Mr. Weyandt called for the question and by a roll call vote of seven (7) yes, one (1) no (Mr. Christiansen), Officer Teare's request for an extension of the 60 day maximum was denied as recommended by the Legislative and Finance Committee.
Senior Surrey Advertisements
Mr. Boaman noted that the City has not been successful in their attempts to sell advertisement on the Senior Surreys which have been provided frames for that purpose. Staff has contacted Cleary Design of Salisbury, Maryland who would sign a contract agreeing to handle all aspects of the sale of advertisement for 50% of all proceeds. Since funds have been expended to install brackets on the buses, the committee recommended that a contract be signed with Cleary Designs on a trial basis. Cleary will only receive 50% of the proceeds and no other charges will be involved.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Weyandt.
Mr. Shevock noted that no additional frames for advertising on Senior Surrey buses will be installed.
By a roll call vote of four (4) yes (Mr. Richter, Mr. Ambruso, Mr. Boaman and Mr. Weyandt), and four no votes, the motion was defeated.
Pension Plan Retires - Medical Payments
In discussing the past practice of the City in paying medical payments of retirees from the Pension Fund, it was the committee's opinion, as recommended by E.H. Friend Company, that medical payments to retirees should be derived from the General Fund and budgeted each year.
The committee recommended that all retiree medical payments be treated as a current expense of the General Fund, effective July 1, 1985.
Mr. Boaman moved for the recommendation of the committee, seconded by Mr. Shevock.
Alluding to the fact that he mentioned a total liability amount for 1985 as being $44,000, Mr. Bartolotta stated that the liability for retiree medical payments will amount to approximately $60,000 for fiscal year 1985.
By unanimous roll call vote, Mr. Boaman's motion was carried.
Appointment of Finance Director as Treasurer
Mr. Boaman stated that it has been the opinion of Council members in past discussions that the Finance Director should be appointed Treasurer by Council. Mr. Willis, the present Treasurer, would serve as the Assistant Treasurer. All of the questions on the responsibility of the audit, investments, bonds, and monthly reports to Council would be borne by the Treasurer. The following personnel would be under the jurisdiction and supervision of the Treasurer: 1. Secretary III 2. General Ledger Account Clerk III 3. Payroll Account Clerk III 4. Accounts Payable Account Clerk II
Mr. Boaman moved that Mr. Karia, Finance Director, be appointed as Treasurer and among other duties, be responsible for the audit, investments, bonds, and monthly reports to Council. In addition, the aforementioned personnel will be under the jurisdiction of the Treasurer. The motion was seconded by Mr. Weyandt.
Mayor Carroll stated that the Charter, as it was originally set forth, and the intent of the provisions concerning the City Treasurer was changed when Mr. Karia was hired as Finance Director under the City Manager. Since the accounting responsibilities and money management is the responsibility of the Treasurer, the appointment of Mr. Karia will bring Council staff back in line with Charter provisions as it was until 1974. He felt the City Manager, as the collector of all funds and as manager of those funds, destroys the checks and balances as intended by the Charter.
Mr. Ambruso stated that he was originally in favor of the appointment of the Finance Director as Treasurer, but now feels that there would be conflicts in some areas coupled with the Treasurer and Finance Director reporting to eight Councilmen rather than one man, the City Manager.
Questioned by Mr. Ambruso, Mr. Boaman stated that Mr. Willis' position, after the appointment of Finance Director as Treasurer, would change very little since his duties as Treasurer consisted mostly of the official signature on checks and other legal documents. He felt that the person signing the checks should also be the person who has the responsibility of vouching all of the receivables and expenses, noting that presently Mr. Willis does not have time to double check all of the accounting procedures of the Finance Department prior to signing checks. He noted that prior to the hiring of a Finance Director, the person performing all accounting duties, including investments, was the Treasurer of the City of Dover.
It was Mr. Richter's opinion that appointment of the Finance Director as Treasurer would be moving away from a Council/City Manager type of government to a strong Mayor type of government. Quoting from Charter sections 37 - 41, it was Mr. Richter's opinion that the City Manager's duties are closely related to the receiving and disbursements of all funds and the Treasurer's duties are very brief as outlined in the Charter. He felt that the appointment of the Finance Director as Treasurer under jurisdiction of the Council would be in conflict with the provisions of the Charter.
Mr. Bulley stated that he was very comfortable in the fact that during the upcoming budget hearings, members of Council will be looking to one person, the City Treasurer, for direct guidance.
By a roll call vote of five (5) yes, three (3) no (Mr. Richter, Mr. Ambruso and Mr. Shevock), Mr. Karia was appointed as Treasurer along with the duties and personnel under his jurisdiction as outlined in the Legislative and Finance Committee report. In addition, William H. Willis was appointed as Assistant Treasurer.
Mr. Weyandt moved for acceptance of the Legislative and Finance Committee report as submitted, seconded by Mr. Witt and unanimously carried.
REZONING REQUEST - PROPERTY ON SOUTHWEST CORNER OF COURT STREET AND RIVER ROAD DR. ROBERT J. ZURKOW, LINWOOD MILLER AND NICHOLAS J. FISFIS
A rezoning request was received for property located on the southwest corner of Court Street and River Road, owned by Dr. Robert J. Zurkow, Linwood Miller, and Nicholas J. Fisfis.
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Weyandt, Council by unanimous vote, adopted the following resolution and referred the matter to the Planning Commission:
A RESOLUTION SETTING FORTH TINE AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on the southwest corner of Court Street and River Road are presently zoned for RG-2 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on October 28, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from RG-2 to IO that property located on the southwest corner of Court Street and River Road, owned by Robert J. Zurkow, Linwood R. Miller and Nicholas J. Fisfis.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 23, 1985
REZONING REQUEST - PROPERTY LOCATED ON U.S. ROUTE #13 AND WHITEOAK ROAD, OWNED BY J.G. SMITH FARMS, INC.
A rezoning request was received to rezone property located on U.S. Route #13 and Whiteoak Road, owned by J.G. Smith Farms, Inc.
Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Witt, seconded by Mr. Christiansen, Council by unanimous vote, adopted the following resolution and referred the matter to the Planning Commission:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located on U.S. Route #13 and Whiteoak Road are presently zoned for C-4 use, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance 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 a public hearing be held in City Hall on October 28, 1985 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-4 to SC-2 that property located on U.S. Route #13 and Whiteoak Road, owned by J.G. Smith Farms, Inc., KCM Motors, Inc. and KCM Realty Inc.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: September 23, 1985
OCTOBER 14, 1985 REGULAR COUNCIL MEETING - HOLIDAY
Mayor Carroll stated that October 14, 1985 is an official holiday for the City of Dover and is also the Regular Council Meeting date.
Mr. Richter moved to cancel the October 14, 1985 Regular Council Meeting, seconded by Mr. Weyandt and unanimously carried.
Mayor Carroll advised that a Special Meeting will be called in the case of any emergency that might arise.
HALLOWEEN - TRICK OR TREAT DATE - OCTOBER 31, 1985
Mayor Carroll advised that Halloween Trick or Treat will be set for October 31, 1985 between the hours of 6:00 p.m. and 9:00 p.m.
ANNUAL LEAGUE MEETING - SEPTEMBER 29, 1985 - OFFICERS CLUB
Mayor Carroll announced that the Annual League Meeting will be held at the Officers Club on September 29, 1985.
PROPOSED RESOLUTION - A T & T TELEPHONE
Mr. Witt advised of a meeting with other municipalities present on September 19, 1985 where considerable concern was expressed over the closing of the A T & T Telephone Center on N. duPont Highway. Dover will be one of the few capitals of states that does not have this service. Residents