REGULAR MEETING
August 8, 1983
The Regular Meeting of Council was held on August 8, 1983 at 7:30 p.m. with Mayor Carroll presiding. Members present were Messrs. Tudor, Boaman, Hardcastle, Christiansen, Witt, Weyandt and Shevock. Mr. Richter was absent.
The invocation was given by the Reverend J.H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mr. Witt requested an additional agenda item related to tax exempt contributions.
Council unanimously approved the agenda as amended.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 25, 1983
By motion of Mr. Hardcastle, seconded by Mr. Christiansen, the Regular Council Meeting Minutes of July 25, 1983 were approved and bore the written approval of Mayor Carroll.
POLICE PENSION PLAN - AMENDED ORDINANCE - SECTION 18-25 OF MUNICIPAL CODE
By motion of Mr. Shevock, seconded by Mr. Witt, Council by unanimous roll call vote (Mr. Richter absent) adopted the following ordinance to amend Section 18-25 of the Municipal Code, striking reference to the first day of the month in subsections (a), (b) and (c) in reference to retirement date.
BE IT ORDAINED by the Mayor and Council of the City of Dover, in Council met:
The Dover Municipal Code, Sec. 18-25 is amended by striking all reference to the first day of the month therefrom in subsections (a), (b) and (c) so that said subsections shall read as follows: “Sec. 18-25. Retirement date.
(a) A member may retire following his completion of at least twenty (20) years of service. Persons becoming members after September 1, 1982 may retire following his completion of at least twenty-five (25) years of service.
(b) A member who has completed twenty (20) years of service must retire no later than his 55th birthday or his completion of twenty-five (25) years of service, which ever comes first. A person becoming a member after September 1, 1982 who has completed twenty-five (25) years of service must retire no later than his 55th birthday.
(c) A member who reaches his 55th birthday prior to completion of twenty (20) years of service must retire no later than his completion of twenty (20) years of service. A person becoming a member after September 1, 1982 who reaches his 55th birthday prior to completion of twenty-five (25) years of service must retire no later than his completion of twenty-five (25) years of service.”
ADOPTED: AUGUST 8, 1983
LIBRARY EMPLOYEES - DELMA BATTON AND DOROTHY GEASLAND - REQUEST FOR PENSION BENEFITS PRIOR TO DATE OF EMPLOYMENT BY CITY OF DOVER
Mayor Carroll advised Council that the request of Delma Batton and Dorothy Geasland, employees of the City of Dover Library, for benefits under the City of Dover Pension Plan prior to takeover of the Library by the City from the jurisdiction of the Dover Special School District and the Library Commission was tabled during the July 11, 1983 meeting.
Mr. Witt moved to remove the subject matter from the table, seconded by Mr. Weyandt and unanimously carried.
Mr. Boaman moved to grant the request of Delma Batton and Dorothy Geasland, Library employees, that would recognize their time with the Library prior to takeover of the facility by the City for the purpose of receiving City of Dover employee pension benefits. The motion stipulated that there would be no cost involved to the recipients. The motion failed for lack of a second.
Mr. Witt noted that Mrs. Batton and Mrs. Geasland will be vested in the City of Dover employee pension plan in 1985 since their official starting date under the City of Dover was 1975.
Mr. Boaman felt that the City should assume a responsibility for the time the employees worked for the Library and were not under the City’s umbrella, since Council assumed the assets and liabilities of the Library during the takeover of 1975.
Mr. Shevock moved to deny Mrs. Delma Batton and Mrs. Dorothy Geasland’s request that the City recognize time at the Library prior to the City’s takeover in 1975, seconded by Mr. Weyandt.
Mr. Witt called for the question.
Mr. Boaman requested that City Solicitor Rodriguez’s letter of July 14, 1983 be made a part of the record. The letter is as follows:
“Gregory P. Boaman, Chairman
Legislative & Finance Committee
City of Dover
City Hall
Dover, DE 19901
RE: Civilian Pension Plan - Library Employees
Dear Greg:
On Tuesday, July 12, 1983 pursuant to Council action taken on July 11, I met with Mrs. Batton and Mrs. Geasland to discuss my letter of March 23, 1983.
When this matter was originally referred to me for comment by Mr. Bartolotta on March 3, 1983 I indicated that this law applied to a transfer of library responsibilities from the District Library Commission to the Kent County Levy Court and that is did not apply to the City of Dover or other municipalities. The law in question merely indicates that if the County takes over the library from the District Library Commission then the employees who were formerly paid by the District Library Commission are entitled to a continuation of employment with no diminution of salary or other benefits and with a credit for the years of service with the District Library Commission to the County Pension Plan. My decision merely was that this statute has no application to the City of Dover and applied only to Kent County Levy Court. This is still my opinion and I have no doubt that it is the correct opinion.
Mrs. Batton and Mrs. Geasland do not disagree with this opinion but they did take exception to my reference to “State employment” which I loosely used in my letter in reference to the District Library Commission.
Referring to the minutes of the Legislative and Finance Committee dated October 13, 1975 it was recommended that all employees of the Dover Public Library should become City of Dover employees effective October 1, 1975. Regarding participation in the City of Dover Civilian Pension and Retirement Plan, the committee recommended that this be referred to the “City’s Pension Board.” Council adopted these regulations and “referred the matter of pensions for existing library employees to the City Pension Board.” Unfortunately, the Pension Board never did take action regarding this Council directive and therefore, you are now faced with the two present applications of Mrs. Batton and Mrs. Geasland.
In my previous letter I recommended that the applications of Mrs. Batton and Mrs. Geasland be turned down if the only reliance for granting their applications was the abovementioned statute which applies only to the Kent County Government. I further noted that unless altered by Council or the Pension Board of Trustees both of these ladies would become employees of the City of Dover effective October 1, 1975.
As I explained to both of these ladies, this was merely my opinion on the law which was requested by Council. I do not see anything inconsistent with Council now taking whatever action it deems necessary, which action was directed to have been taken back in 1975 by the Pension Board of Trustees. If these ladies are allowed to but into the Pension Plan as requested by them, I do not really see that we are setting a precedent for other applications of similar nature. Finally, I agree with you and Mr. Townsend that the intent of the law, though not applicable to the City of Dover, was to grant these ladies credit for prior service in our Pension Plan.
One final comment. Mr. Weyandt indicated at the Council meeting that Council should follow the legal opinion of the City Solicitor and I wholeheartedly endorse his comment. However, I want to point out that I merely gave a legal opinion on the applicability of the statute in question and decided that it does not apply to the City of Dover. My legal opinion does not extend beyond that statute and I believe that Council can take whatever action they desire regarding the applications of Mrs. Geasland and Mrs. Batton.
Very truly yours,
Nicholas H. Rodriguez”
Mr. Boaman moved to table action on the matter until Councilman Richter was present at a Regular Council Meeting to afford an opportunity to hear his views, seconded by Mr. Christiansen.
Mr. Witt called for a point of order, reminding Mayor Carroll of his call for the question on Mr. Shevock’s motion t deny the request.
Mayor Carroll ruled the tabling motion out of order.
By a roll call vote of five (5) yes, two (2) no (Mr. Boaman and Mr. Christiansen) with Mr. Richter absent, Mr. Shevock’s motion of denial was approved.
TAX EXEMPT PROPERTIES - CONTRIBUTIONS TO CITY OF YORK, PENNSYLVANIA
Mr. Witt read excerpts from a newspaper clipping that advised the public of contributions to the City of York, Pennsylvania, by 27 churches and other non-profit institutions which are legally shielded from taxation. The contributions made by churches and other institutions were made in lieu of taxes. Thirty-three percent of the properties in York, Pennsylvania are non-taxable; a majority being churches and other non-taxable institutions.
Mr. Witt suggested that the contents of the article be referred to the Legislative and Finance Committee for discussion in relationship to adaptability to the non-taxable properties in the City of Dover.
CORRESPONDENCE
Fran and Walter Gerzin - 1136 Woodsedge Road - Restoration of Electric Services - Letter of Appreciation
A letter was received from Mr. & Mrs. Walter Gerzin, 1136 Woodsedge Road, expressing their sincere appreciation to City employees for their efficiency in restoring electric power and cleaning up debris caused by the July 21st storm. A special thanks was extended to Assistant City Manager Tom Worley.
Mr. Witt moved for acknowledgment of the letter, seconded by Mr. Weyandt and unanimously carried.
Kent General Hospital - Request to Hang Banner - State Street and Governors Avenue - Fund Raising Event
A letter was received from Mr. H. Newton Hudson, advising the City of a fund raising event at the Central Middle School auditorium with guest artist Ben Vereen on October 29, 1983. Mr. Hudson, on behalf of the Kent General Hospital, requested permission to erect banners across Governors Avenue at South Street and State Street by the entrance of Kent General Hospital.
Mr. Witt moved for referral to the City Manager and the Chief of Inspections, seconded by Mr. Weyandt and unanimously carried.
Restoration of Electric Service - Letter of Appreciation - Residents of Lakeview Avenue
A letter was received from citizens of Lakeview Avenue expressing their appreciation to City employees who worked diligently to restore electric service during the July 21st storm.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Weyandt and unanimously carried.
Alpha Real Estate Company, Authorized Agent for the Estate of Ruth G. Pleasanton - Annexation Request - Corner of Route #8 and Mifflin Road
A letter was received from Nathan L. Cohen, representing Alpha Real Estate Company and authorized agent for the estate of Ruth G. Pleasanton, requesting annexation of property located on the southeast intersection of Route #8 and Mifflin Road.
Mr. Witt moved for referral to the Utility Committee and Planning Commission, seconded by Mr. Christiansen and unanimously carried.
LeRoy Klein - President of Home Builders Association - Implementation of New Subdivision Regulations
A letter was received from Mr. LeRoy Klein, President of Home Builders Association of Lower Delaware, protesting the implementation of new Subdivision Regulations without review with his association and requested hearings to enable his associates to review contents of the subject matter.
Mr. Weyandt moved for referral to the Building, Plumbing, Mechanical and Fire Prevention Code Appeals Committee for the purpose of holding workshops with Mr. Bartolotta and other interested parties in attendance. The motion was seconded by Mr. Hardcastle and unanimously carried.
Jerome R. Lewis - Division of Delaware Public Administration Institute - Certificate Course - Government Fiscal Administration
A letter was received from the University of Delaware, Mr. Jerome R. Lewis, Director of DPA Institute, advising of a governmental fiscal administration certificate course for public officials who interpret financial information. The course will be offered this fall in Dover, consisting of 2 ½ hour classes on Wednesday afternoons beginning September 14, 1983 and ending October 26, 1983 with a tuition fee of $250.
Mr. Witt moved to acknowledge receipt of the letter, seconded by Mr. Weyandt and unanimously carried.
Mayor Carroll advised that anyone interested in the course could contact the City Clerk’s Office for arrangements on enrollment.
UPDATE - INSTALLATION OF ELECTRICAL CABLE - TROON ROAD
By request of Councilman Christiansen, Mr. Bartolotta advised that the installation of new cable on Troon Road is approximately 60% complete. Where it was necessary to trench on private property, homeowners have been contacted to determine if they wish to repair their lawns immediately or wait until later in the fall.
Mr. Witt moved for adjournment, seconded by Mr. Weyandt and unanimously carried.
Meeting Adjourned at 7:52 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of August 8, 1983, are hereby approved.
CRAWFORD J. CARROLL
MAYOR
August 15, 1983
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