REGULAR MEETING
The Regular Meeting of Council was held on May 27, 1980 at 7:30 p.m. with Mayor McDonough presiding. Members present were Messrs. Bewick, Weyandt, Boaman, Hardcastle, Carey, Witt and Carson.
In the absence of Reverend J.H. Williams, Council Chaplain, Councilman Hardcastle administered the invocation.
MINUTES
Mr. Weyandt referred to the first paragraph of the Mayor’s Annual Address, where it was stated that “What once looked like a $125,000 deficit now is projected to be a slight surplus for the budget year of 1980/81.” It was Mr. Weyandt’s opinion that the date should have been referred to as the budget year of 1979/80.
Mr. Witt moved for adoption of the Minutes of May 12, 1980 as corrected, seconded by Mr. Carey and unanimously carried. The minutes bore the written approval of Mayor McDonough.
AGENDA ADDITIONS
The City Clerk requested an agenda addition, under correspondence, to present a request to hold a Boyscout outing at Dover Downs. The agenda addition was unanimously approved.
MONTHLY REPORTS
Chief of Police Report for the Month of April
The Chief of Police Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Building Inspector & Fire Marshal Report for the Month of April
The Building Inspector & Fire Marshal Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Witt.
City Alderman Report for the Month of April
The City Alderman Report for the month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
General Operating Fund, Cash Receipts Report for the Month of April
The General Operating Fund, Cash Receipts Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
General Operating Fund, Budget Report for the Month of March
The General Operating Fund, Budget Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Water/Sewer Fund, Cash Receipts Report for the Month of April
The Water/Sewer Fund, Cash Receipts Report for the month of April was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Water/Sewer Fund, Cash Disbursements Report for the Month of March
The Water/Sewer Fund, Cash Disbursements Report for the month of March was unanimously approved by motion of Mr. Bewick, seconded by Mr. Witt.
Intergovernmental Service Fund Report for the Month of March
The intergovernmental Service Fund Report for the month of March was unanimously approved by motion of Mr. Witt, seconded by Mr. Carey.
Electric Revenue Fund, Cash Receipts Report for the Month of April
The Electric Revenue Fund, Cash Receipts Report for the month of April was unanimously approved by motion of Mr. Hardcastle, seconded by Mr. Witt.
Electric Revenue Fund, Budget Report for the Month of March
The Electric Revenue Fund, Budget Report for the month of March was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
Electric Improvement and Extension Fund, Receipts & Disbursements Report - April
The Electric Improvement and Extension Fund, Receipts and Disbursements Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
City Manager Report for the Month of April
The City Manager’s Report for the month of April was unanimously approved by motion of Mr. Weyandt, seconded by Mr. Carey.
J.P. COURT #7 REPORT - APRIL
A check was received from J.P. Court #7 in the amount of $8,964.10 for the month of April.
By motion of Mr. Carey, seconded by Mr. Weyandt, the J.P. Court #7 Report for the month of April was unanimously approved.
ELECTION JUDGES FOR JUNE 16, 1980 SPECIAL ELECTION
Mayor McDonough presented the names of Councilmen Hardcastle and Weyandt to serve as judges in the Special Election for the First District to be held on June 16, 1980.
By motion of Mr. Witt, seconded by Mr. Carey, the judges were approved as submitted.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on May 20, 1980 at 3:30 p.m. with Chairman Witt presiding.
Tax Appeal - Elderly Exemption - Mrs. Beatrice Saulsbury - 41 S. Queen Street
The committee considered an appeal for tax exemption by Mrs. Beatrice Saulsbury of 41 S. Queen Street, who explained that the original exemption form was improperly filled out, stating an incorrect annual income. A corrected form was filed with the Tax Assessor but beyond the date to receive tax exemption forms.
It was the committee’s recommendation that the tax appeal be granted based on Mrs. Saulsbury’s second application with a yearly income of $858.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried. The appeal was granted.
Utilization of Revised Budget Figures - Monthly Reports
Per request by Finance Director Karia, the committee recommended authorization to use proposed revised budget figures on the monthly reports rather than the original budget figures.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Hardcastle and unanimously carried.
Resolution - Dover Organization of Employees
The Legislative and Finance Committee reviewed the content of a resolution submitted by the Dover Organization of Employees; said resolution being very similar to that of the Electric Department. The committee deferred action until such time as Mr. Rodriguez reviewed the contents of the resolution.
Mr. Witt referred to a letter received from the Solicitor on May 21st which stated his opinion that it would not be necessary for any rewording.
Mr. Witt moved for adoption of the following resolution, seconded by Mr. Weyandt and carried by a unanimous roll call vote.
WHEREAS, in response to your recognition of the City of Dover Employees right to negotiate with the City of Dover, by action of MAYOR AND COUNCIL OF THE CITY OF DOVER, dated February 25, 1980, and
WHEREAS, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, have been advised by the EMPLOYEES OF THE CITY OF DOVER that they have formed an Organization known as “Dover Organization of Employees”, hereinafter referred to as “the Organization”, and
WHEREAS, the employees of the various Departments have expressed their desire to have the Organization represent them in certain negotiations with the City of Dover, and
WHEREAS, the employees of the various Departments have expressed a desire for a written agreement of employment, and a desire to negotiate terms for the same through their representatives of the Organization, and
WHEREAS, the Mayor and Council recognize that the employees of the various Departments may from time to time have certain questions, requests, and grievances, and
WHEREAS, it appears to the Mayor and Council that an efficient and timesaving procedure can be developed whereby the problems of the various Department employees and their questions, requests, and grievances can be brought to the City of Dover by the Organization or certain members thereof and dealt with on an efficient and proper basis.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The Mayor and Council recognize the Organization as representing the various Department employees of the City of Dover until advised to the contrary by said employees.
2. The Mayor and Council of the City of Dover, and their designate(s) will deal directly with the representatives of the Organization regarding the problems, complaints, grievances, and questions of the various Department employees.
3. If any individual employee of the various Department initiates grievance procedure as spelled out in The City of Dover Employee Handbook and if said employee wishes to be represented by a member(s) of the Organization, this shall be deemed permissible if the employee makes such designation in writing to his immediate supervisor.
4. By adopting this Resolution, the Mayor and Council specifically disclaim any election to come within the coverage of Title 19 of the Delaware Code, Chapter 13, more particularly 19 Del. C. §1301 (1) (C), and the Mayor and Council affirmatively state that they do not elect to come within said provisions and that this Resolution is not to be construed or interpreted as an election to come within the provisions of said Statute and said Chapter.
5. This Resolution is in no way intended to infringe upon the authority, duties or responsibilities of the City Manager regarding employees of the City of Dover as provided by the Charter of The City of Dover, more particularly Sections 34 through 37 inclusive.
The terms Employee(s), Organization, Dover Organization of Employees, Various Departments, as used herein shall mean the Personnel employed in the eighteen major departments as listed below:
Finance Shop (Vehicle Maint.)
Inspection Trash Department
Computer Center Warehouse
Public Works Office Senior Surrey
Engineering Library
Assessor Office Recreation
Sewer Department Fire Department Dispatchers
Water Department Police Department (Civilian Employees)
Street Department Building & Grounds
ADOPTED MAY 27, 1980
PUBLIC HEARING - PROPOSED USE OF REVENUE SHARING FUNDS - 1980/81
A public hearing was duly advertised for this time and place to hear presentations of applicants for revenue sharing funds for fiscal year 1980/81. Mayor McDonough declared the hearing open.
Mr. Terryll Hall, Job Developer Counselor for the Delaware Disadvantaged Foundation, Inc., was present to explain that the organization is seeking funds that will provide services for x-offenders and other persons who are unemployed. The Foundation also provides emergency aid and vocational training opportunities to clients. Mr. Hall presented a budget breakdown to members of Council which contained a revenue sharing request of $10,000.
Chairman Witt noted at this time that a revenue sharing fund request has been received from Geriatric Services, Inc., in the amount of $5,000.
Mrs. Pamela Malkin was present to inquire what plans Council had for revenue sharing monies for this fiscal year.
Mr. Mogan stated that it would be his recommendation that revenue sharing funds be used for the general operating budget of the City. Any funds granted to individual organizations would increase the proposed budget deficit for fiscal year 1980/81.
Mr. Jack Costello, President of the Harvest Years Senior Center, was present and stated that revenue sharing should not be used to balance a budget because it becomes a crutch that could be eradicated by the federal government. Community projects and need should be the final destination of the funds.
Questioned by Mr. Bewick, Mr. Costello stated that he had no specific request to present for the Harvest Years Senior Center but felt that a prepared packet would be submitted.
Mayor McDonough declared the hearing closed.
CONTINUANCE OF LEGISLATIVE AND FINANCE COMMITTEE REPORT
Tax Overpayments
Mr. Hayes stated to the committee that there are times when an overpayment is made on a tax bill. Historically, the City has refunded anything over $1.00. To eliminate a large amount of paperwork, Mr. Hayes proposed that this policy be changed to allow a credit on next year’s tax bill, with the exception of double payments which would be refunded.
The committee recommended that an overpayment under $75 be retained and credited to the next year’s taxes and an overpayment of $75 or more be refunded with the exception of a double payment which will be refunded regardless of the dollar amount.
It was Mr. Hardcastle’s opinion that $75 seemed a sizeable amount to place as a limit for refunding overpayments.
Mr. Boaman advised Council that most overpayments of $75 or more would probably pertain to businesses or large institutions and not effect the average taxpayer. His theory was based on the fact that most overpayments are relative to the 5% discount that taxpayers overlook. Five percent of a tax bill that would equal a $75 refund certainly would indicate a large institution.
Mr. Bewick moved for the recommendation of the committee, noting that the Tax Assessor could report any difficulties within five or six months that might be experienced from the $75 refund limit. The motion was seconded by Mr. Weyandt and unanimously carried.
Dover Parking Authority
Mr. Witt informed Council that the committee discussed two issues related to the Dover Parking Authority; one being demolition of the old Pierce Pharmacy and the City’s contribution of $15,000 per year to the Authority.
Mr. Witt presented a letter dated June 30, 1967 to Mr. William Manter, President of the Dover Parking Authority, from Mr. Jay Dougherty, City Clerk, concerning action of Council on June 26, 1967.
The letter quoted Council’s action on June 26, 1967 that approved a pledge of $15,000, or 75% of the gross receipts of parking meter revenue, whichever be the greater, over the next ten years for the purchase of a site in downtown Dover by the Parking Authority for a parking lot.
The letter stated that the $15,000 annual payment would continue until acquisition, demolition and improvement of the site had been completed, estimated at approximately ten years. The letter further stated that the City was looking into legislation to establish a tax benefit district which would further enable the Authority to expand to other areas of the downtown business district.
In the meeting that was held with the Dover Parking Authority and the Legislative and Finance Committee, Mr. Weyandt explained a discussion where the Parking Authority desired to be assured of the City’s assistance if they experience financial problems, in light of the fact that the City no longer contributes an annual $15,000 grant.
Mr. Weyandt moved that the City of Dover support the Dover Parking Authority in its present format and further that the City of Dover will continue to support the operation of the Dover Parking Authority in meeting its current obligations. The motion was seconded by Mr. Bewick and unanimously carried.
City Residents - Exemption From County Taxes
In order to procure the feelings of City residents concerning relief from County taxes, the committee recommended that the following non-binding questionnaire be included on the June 16, 1980 Special Election ballot.
“Should Dover property owners receive relief from County taxes?”
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Hardcastle.
Mr. Hardcastle moved to amend the motion, submitting the intent of the questionnaire to the City Solicitor for his modifications. The amendment was seconded by Mr. Bewick and unanimously carried.
A vote on the main motion was unanimously approved.
(The City Solicitor’s office modified the non-binding questionnaire as follows:
“Do you favor adopting a resolution seeking relief from County taxes?”)
Expense Account Policy
Mr. Mogan presented an expense account policy whereby the City would pay the ordinary expenses of City Councilmen and City employees when attending functions, meetings, seminars or conventions. Expenses for the spouse would not be covered, therefore if the spouse travels with a Councilman or employee, his or her expenses must be covered outside of City funds.
In further discussion, Mr. Weyandt felt that a specific amount should be allowed for expenses and suggested that this matter be deferred until such time as the City Manager can contact local industry to see what their policy is on personnel travel.
Mr. Witt expressed concern over a set amount, stating that there are instances where a Councilman or the Mayor have to offer to buy dinner or lunch for a Councilman or Mayor of another City.
Mr. Mogan suggested that the term “ordinary expenses” as described in the Internal Revenue Code be allowable expenses. All expense accounts will be reviewed thoroughly by his office.
It was the recommendation of the committee to approve the Expense Account Policy as proposed by Mr. Mogan.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Hardcastle and carried by a vote of six (6) yes, one (1) no (Mr. Weyandt).
Employee Benefits - Pay in Lieu of Vacation - Longevity Payments
The committee discussed pay in lieu of vacation that incurs a cost of approximately $25,000 per year and recommended that this policy be abolished, effective July 1, 1980.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt and unanimously carried.
The committee also recommended the elimination of the cost of living increases and longevity payments for new hires, effective July 1, 1980. The cost of living increases impact the City by approximately $70,000 annually and longevity payments by $60,000 annually.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Boaman and unanimously carried.
Payments of 50% of Pensioner’s Dependent Blue Cross Premiums
Mr. Mogan reported a study of the cost to pay one-half of the Blue Cross premium for a pensioner’s dependent. The cost annually would amount to $3,830.76. In addition, cost of living increases for pensioners would cost the City approximately $4,500 per year.
It was the general feeling of the committee that the City is not in a position to offer both of these benefits.
The committee recommended that the City pay one-half of the Blue Cross premium for the pensioner’s dependents, effective July 1, 1980. These funds would be derived from the Civilian Pension Fund.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Hardcastle and unanimously carried.
Ambulance - Level of Service
Mr. Witt informed Council that several letters have been received commending the City of Dover ambulance service for excellent performance. Correspondence included letters from Mr. Charles Nabb, from Emergency Medical Services of the State of Delaware, and Ms. Kathleen Kelley of the Dover Dialysis Center.
Mr. Mogan reported that the cost to upgrade to a paramedic level of service would be $16,640 for the first year.
A great concern of the committee was that no other agency has offered to monetarily assist the City in upgrading the ambulance service.
It was the general opinion of the committee that the City should implement the paramedic program as long as Kent General Hospital would contribute a portion of the cost.
The committee recommended that Council support the upgrading of the ambulance drivers to a paramedic level, contingent upon Kent General Hospital contributing 20% of the total Ambulance Department budget.
Mr. Witt moved for the recommendation of the committee, seconded by Mr. Weyandt.
Mr. Bewick informed Council that the news media has indicated that the Kent County Levy Court might be interested in subsidizing this program, as well as Kent General Hospital.
Mr. Bewick moved to amend the motion to include a meeting with the Board of Directors of Kent General Hospital and members of the Levy Court within two (2) weeks, acting on the outcome of that meeting at the next Regular Council Meeting. The motion to amend was seconded by Mr. Carey and unanimously carried.
Council unanimously approved Mr. Witt’s motion for the recommendation of the committee.
After discussion, Mayor McDonough appointed the Legislative and Finance Committee as the representation to meet with the Board of Directors of the Hospital and Kent County Levy Court. It was stipulated that all Council members be notified of the time and place of the meeting.
By motion of Mr. Weyandt, seconded by Mr. Hardcastle, the Legislative and Finance Committee Report was unanimously approved as submitted.
PARKING - STATE BUILDING COMPLEX
Mr. Weyandt referred to the petitions recently submitted to Council and complaints of inadequate parking in the area of The Green and the various State institutions.
He informed Council of a personal survey related to the parking on Duke of York Street, William Penn Street, and the parking lot located at the Archives Building. The survey revealed that Duke of York Street is presently parking 44 cars and William Penn Street is parking 46 cars. He reminded those present that these streets are one way. If 90o parking was initiated where diagonal parking is now utilized, the parking capacity would double.
Noting that the aforementioned streets contain 60' roadways, Mr. Weyandt stated that 90o parking for the above average length automobile would still leave more roadway than is now contained on Loockerman Street, which consists of two way traffic.
Mr. Weyandt moved to refer the results of his study to the Safety Advisory Committee for further consideration, seconded by Mr. Hardcastle and carried, with Mr. Bewick voting no.
PROPOSED BUDGET 1980/81
Mr. Weyandt stated his confusion on various figures being discussed in relation to the 1980/81 budget. In referring to a proposed Council workshop budget meeting on June 3, 1980, he proposed that he City Manager submit a balanced budget, to be discussed at that time.
Included in the Electric Budget, he proposed that the City Manager include the funding for a qualified Electrical Engineer, as suggested by Middle West.
Relating to the General Fund Budget, Mr. Weyandt proposed the funding for a qualified Assistant City Manager.
Referring to a balanced budget, Mr. Weyandt requested a detailed report of all items that are cut or removed from the budget.
Mr. Weyandt moved for approval of his proposals, seconded by Mr. Bewick.
Questioned by Council, Mr. Mogan stated that the General Fund deficit, at this point, stands at approximately $125,000. In addition, the Water and Sewer account reflects a deficit of $300,000. Mr. Mogan stated that the Water and Sewer account deficit is noting new because it has been subsidized by taxes for years. This, he hopes, will be corrected by a re-evaluation of the water and sewer rates, based in a comprehensive study now near completion by consultants.
Mr. Mogan stated that without further guidance from Council in increasing revenues or cutting services, he would propose a balanced budget by cutting across the board.
Mr. Weyandt’s motion, as outlined above, was unanimously approved.
After a lengthy discussion, it was the general consensus of opinion that the positions of Electrical Engineer and Assistant City Manager should not be considered until after the June 3rd budget workshop meeting of Council.
Mr. Weyandt moved to rescind that portion of the aforementioned motion, relative to the Electrical Engineer position and the Assistant City Manager, seconded by Mr. Bewick and unanimously carried.
CORRESPONDENCE
Henlopen Pop Warner Football League
A request was received from the Henlopen Pop Warner Football League, Inc., signed by John F. Lyon, President, requesting the use of the football field at the Whiteoak Recreation Park for home games; in addition, bleachers to be erected on both sides of the field for spectators, use of the restrooms at no cost, and a donation of $500 to assist with the program.
Mr. Witt moved for referral to the Parks, Playgrounds & Trees Committee, with the exception of that portion of the request relating to a $500 donation, which would be referred to the Legislative and Finance Committee. The motion was seconded by Mr. Carey and unanimously carried.
Boyscout Show - Dover Downs
A letter was received from William R. Brown, Vice-Chairman of Support Services for the Delmarva Council of Boyscouts of America, advising of a scout show at Dover Downs on May 31st.
Mr. Brown requested that a City policeman be stationed at Route #13 and the entrance to Dover Downs during the hours of 10:00 a.m. - 12:00 noon and 5:00 p.m. - 7:00 p.m., a police escort accompany their finance officers to the bank and permission for open fires on the infield track.
Chief Klenoski stated that the request for policemen as outlined, presented no problems to his department.
Mr. Roe stated that these events have taken place in the past with absolutely no problems involved.
Mr. Weyandt moved approval of the request, seconded by Mr. Hardcastle and unanimously carried.
Mr. Witt moved for adjournment, seconded by Mr. Carey and unanimously carried.
Meeting Adjourned at 8:50 P.M.
WILLIAM H. WILLIS
CITY CLERK
All orders, ordinances and resolutions adopted by City Council in their meeting of May 27, 1980, are hereby approved.
JOSEPH M. MCDONOUGH
MAYOR
June 3, 1980
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