SPECIAL LEGISLATIVE, FINANCE, AND

ADMINISTRATION COMMITTEE

A Special Legislative, Finance, and Administration Committee meeting was held on May 5, 2008 at 5:00 p.m. with Chairman Slavin presiding. Members present were Mr. McGlumphy, Mr. Salters, Dr. Jones, and Mr. Shevock. Other members of Council present were Mr. Leary (arrived at 5:39 p.m.), Mrs. Russell, Mr. McGiffin, Mr. Hogan, Mr. Ruane, and Mayor Carey (arrived at 5:20 p.m.).

AGENDA ADDITIONS/DELETIONS

Mr. Salters moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried.

Proposed Fee Increases and New Fees

During their meeting of March 10, 2008, members reviewed a presentation of proposed fee increases and new fees. In accordance with the Revenue Manual, members were reminded that staff is directed to review fees; however, it was noted that the review does not necessarily equate to an increase. Staff advised members that as a result of meetings with the business community, the proposed fees have been decreased from staff’s initial presentation. Members were also provided ordinance amendments representing the proposed new fees and increases for consideration. After public testimony and much discussion, members tabled the matter.

Mr. DePrima reviewed an updated presentation which provided a general overview of the proposed fee increases and new fees (Attachment #1). Members were also provided draft ordinances related to the proposed fee increases and new fees (Attachment #2). Based on the comments made by the business community at the last meeting, he stated that the final fire inspection fee has been eliminated.

In response to Mr. McGlumphy, Mr. DePrima estimated that the proposed fee increases and new fees will generate $300,000. He stated that the fees will cover approximately 60% of the planning and inspection costs; however, in previous years, these fees would cover approximately 80%-90% of the costs.

Mr. DePrima advised members that the Revenue Manual currently suggests a review every three (3) to five (5) years. Staff recommended that the Revenue Manual be amended to require the review of business license fees every five (5) years, rental license fees every four (4) years, and construction and planning permit fees every three (3) years.

Members suggested that staff review the possibility of including an automatic escalator clause, feeling that those subjected to the fees could plan accordingly.

Staff recommended approval of the new fees and fee increases and adoption of applicable ordinance amendments.

Mr. McGlumphy moved to recommend that the matter be delayed until the budget process to allow for a better understanding of revenues and expenses. The motion was seconded by Mr. Salters.

Mr. DePrima explained that action regarding this matter is required to provide guidance to staff in the preparation of the budget; therefore, he requested that the committee forward this matter to Council for action.

The motion recommending that the matter be delayed failed with all members voting no.

Mr. McGlumphy moved to forward this matter to Council without a recommendation, seconded by Mr. Salters and unanimously carried.

Review of 2005 Charter Review Committee Recommendations - Article II (Continued)

During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.

During their meeting of March 3, 2008, Mr. Slavin noted that members would continue their review of the 2005 Charter Review Committee Recommendation at “Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Model City Charter)”. As scheduled, members continued consideration of the recommendations to the Dover Charter, as follows:

Language Requested by Committee Related to Section 13 - Filling Vacancies for Council or Mayor

During the committee meeting of March 3, 2008, members reviewed Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter). Upon review, members suggested developing language that would authorize City Council, if reduced to less than five (5) members (majority), to appoint additional members, by majority action, to raise the number of members to seven (7). Staff provided members with sample language for their review.

Mrs. McDowell, City Clerk, advised members that upon Council approval, this request would be forwarded to the local legislators to be submitted to the General Assembly, explaining that amendments to the City Charter require the approval of the General Assembly.

Mr. Slavin suggested that members defer action regarding this matter to provide members the opportunity for further review.

Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Subsection (a) - Meetings, Model City Charter)

There being no comments of members regarding Section 9 - Meetings of Mayor and Council-Generally, Mr. Slavin stated that the record would indicate concurrence with the wording provided in the current City Charter.

Section 10 - Meetings of Mayor and Council-Procedures (Section 2.11 - Procedure, Subsections (b) - Rules and Journal, and (c) - Voting, Model City Charter)

Mr. McGlumphy moved to recommend maintaining the language in Section 10 - Meetings of Mayor and Council-Procedures, of the current City Charter, including the amendment to strike the word “may” and insert in lieu thereof “shall”. The motion was seconded by Mr. Shevock and unanimously carried.

Mr. Ruane relayed concern regarding the requirement for the Mayor’s written approval as indicated in the second paragraph of Section 10. He advised members of research conducted and requested the opportunity to submit the information for further consideration. Responding, Mr. Slavin suggested that the information be provided in the next packet and that Mr. Ruane be considered first on the agenda to address this issue during their next review.

Section 2.12 - Action Requiring an Ordinance, Model City Charter

Mr. McGlumphy moved to recommend including the language in Section 2.12 - Action Requiring an Ordinance, as stated in the Model City Charter, seconded by Mr. Shevock and unanimously carried.

Mr. Ruane noted the reference to “initiative power” in item #10 of Section 2.12. Mr. Slavin explained that once the committee’s recommendations have been completed, he anticipates the requirement for an additional review of the amendments. At the request of Mr. Ruane, Mr. Slavin indicated that this matter will be further reviewed at the conclusion of the committee’s recommendations of the 2005 Charter Review Committee Recommendations.

Section 2.15 - Codes of Technical Regulations, Model City Charter

Mr. McGlumphy moved to recommend including the language in Section 2.15 - Codes of Technical Regulations, with the amendments to Subsections (1) and (2) as submitted, as stated in the Model City Charter. The motion was seconded by Mr. Salters and unanimously carried.

Article III - City Manager

Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendation at “Article III - City Manager” during their next meeting.

Mr. Salters moved for adjournment, seconded by Mr. Shevock and unanimously carried.

Meeting Adjourned at 6:06 P.M.

                                                                                    Respectfully submitted,

                                                                                    Timothy A. Slavin

                                                                                    Chairman

TAS/TM/jg

S:ClerksOfficeAgendas&MinutesCommittee-Minutes20085-05-2008 Special LF&A.wpd

Attachments

Attachment #1 - Presentation - Proposed Fee Increases and New Fees

Attachment #2 - Draft ordinances related to the proposed increases and new fees