REGULAR COUNCIL MEETING

The Regular Council Meeting was held on December 20, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, and Mrs. Green. Mayor Speed was absent.

OPEN FORUM

The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action.

Reverend C. V. Holmes, 236 N. Queen Street, advised members that he received correspondence from a City inspector regarding a car parked in his yard. He stated that since he was having his driveway paved he parked his car in his yard. Reverend Holmes stated that the letter had a threatening tone and suggested that correspondence between the City and its residents show a little more consideration.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONS

Mr. Carey moved for approval of the agenda, seconded by Mr. Hogan and unanimously carried.

Mr. Ritter requested that item #7B - Proposed Ordinance Amendment - Section 82-2, City Planner, be removed from the Consent Agenda.

Mr. Carey moved for approval of the Consent Agenda, as amended, seconded by Mr. Salters and carried by a unanimous roll call vote.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 12, 2005

The Minutes of the Regular Council Meeting of December 12, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

ELECTION RESULTS - 2005 SPECIAL MUNICIPAL ELECTION

Mrs. Green, City Clerk, reported the results of the 2005 Special Municipal Election held on December 13, 2005, as follows:

FOURTH DISTRICT COUNCIL

                                                David L. Anderson                         76

                                                Marion L. Lott, Sr.                         47

                                                Sophia R. Russell                          89

                                                Vivian E. Wright                            53

                                                Total District Votes Cast              265

Total Registered Voters3,503

Mr. Salters moved for approval of the Election Results as reported by the City Clerk. The motion was seconded by Mr. Slavin and carried by a unanimous roll call vote.

OATH OF OFFICE - ADMINISTERED BY THE HONORABLE HENRY DUPONT RIDGELY - JUSTICE, SUPREME COURT - COUNCIL - FOURTH DISTRICT - SOPHIA R. RUSSELL

The Honorable Henry duPont Ridgely, Justice of the Supreme Court, administered the Oath of Office to as follows:

            Council - Fourth District (Term to expire May 2006) - Sophia R. Russell

RECESS (FOR PHOTOGRAPHS) - COUNCIL

Mr. Slavin moved to recess to take photographs of the members of City Council, seconded by Mr. Carey and unanimously carried.

Meeting recessed at 7:40 p.m. and reconvened at 7:49 p.m.

CERTIFICATE OF APPRECIATION - HURRICANE KATRINA CONTRIBUTORS

The following Certificate of Appreciation was read into the record by Council President Williams:

Certificate of Appreciation presented to the following Hurricane Katrina Contributors

Ed Allison, Ed & Nancy Baker, Jeff Cosetti, Tony DePrima, Bob Duncan, Dave Failing, Victor Giangrant, John Giorgilli, Chuck Glisson, Eugene Grace, Jim Grilli, Keith Grimes, Stu Handler, Doug Hayman, Martin Heesh, Fred Hertrich, Bill Holden, Clem Horvath, James Hutchison, Vernon Ingram, Dave Kaplan, Gus Koenig, Craig McDonald, Jeff Townsend, Dave West, Tom of World Transmissions, and Cathy Wyatt.

The City of Dover Extends Sincere Thanks and Gratitude for Your Generosity

Mr. DePrima stated that Mayor Speed was contacted by the National League of Cities to adopt Bayou La Batray, Alabama, a City which was devastated by hurricane Katrina. During the Special Council meeting of September 8, 2005, members voted to hold the City’s vehicles slated for the auction and make them available to hurricane Katrina evacuees. Mr. DePrima noted that Bayou La Batray needed computers, library books, and police vehicles and the citizens being honored contributed to hire a carrier to take the vehicles and other items to Alabama. He advised members that four (4) vehicles were donated to victims of Katrina who relocated to Delaware from Alabama or Mississippi.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - DECEMBER 12, 2005

The Parks, Recreation, and Community Enhancement Committee met on December 12, 2005 with Chairman Sadusky presiding.

Discussion - Senior Citizens Overdue Library Books Fine

During the Regular Council Meeting of November 28, 2005, Councilman Slavin relayed concerns regarding the senior citizens overdue library books fine that is being proposed for the Dover Public Library. Beginning in March 2006, Kentnet, the current online public access catalog, will be replaced with the Delaware Library Catalog, which will include participation from public libraries in Kent County, Sussex County, the Wilmington branch of Delaware Technical & Community College, Delaware Division of Libraries, library at Wesley College and the Harrington, Smyrna, and Milford Public Libraries. Currently the Milford Public Library, all public libraries in Sussex County, and the Kent County Public Library charge fines to seniors for overdue materials. The Harrington and Smyrna Public Libraries will be imposing those fines starting in January 2006. The policy changes are being implemented for consistency throughout Kent and Sussex counties.

Ms. Sheila Anderson, Director of the Dover Public Library, stated all parties in both Counties have agreed on some policy changes, including that senior citizens should begin paying library fees for overdue materials. She stressed the importance of consistency throughout the State, explaining that some senior citizens would register for their library cards at the Dover Public Library knowing they do not have to pay fines while accumulating overdue books as they would with other libraries in the area. Other changes that have been made are extending the time DVD’s and videos can be checked out to two weeks instead of one week, allowing people under the age of 18 to check out DVD’s and videos cataloged as “juvenile”, and all fines for overdue materials other than DVD’s and videos will change to $.10 per day. Materials checked out of the library can also be extended up to three (3) times, which would be eight (8) weeks before it would be considered overdue.

Ms. Anderson noted that library usage circulation statistics determines how much State Aid a library receives each year and is also used when applying for funding from local, State, and national agencies. The Dover Public Library has been giving out a notice to all library patrons since mid-November regarding the various policy changes and only a few complaints have been received by staff members. Ms. Anderson stated if the amount owed is over $5.00, then that person will no longer be permitted to check materials out of the library or use the library computer until the fine is paid.

Mr. Ruane introduced the email statement made by Councilman Slavin opposing the library fines for senior citizens and questioned whether the fine was the result of the new statewide software system. Ms. Anderson stated the State library employees managed the meetings, hired a consultant to head the meetings, and representatives from all libraries attended these meetings. The proposed library fines for senior citizens was agreed upon as a result of these meetings. Ms. Anderson also stated that it is difficult for staff to judge the age of a person.

The committee recommended support of the change in policy, as recommended by staff.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Discussion - Agenda Items for the January 10, 2006 Parks, Recreation, and Community Enhancement Committee Meeting

Noting that Mr. Paul Lakeman, Chairman of Main Street, will be giving a presentation to the Downtown Dover Development Corporation on a Needs Assessment Study, including how to improve the downtown area, Mr. Ruane stated the Parks, Recreation, and Community Enhancement Committee would benefit from the observations and recommendations made during this presentation.

The committee recommended that Mr. Lakeman give the Needs Assessment Study presentation during the next Parks, Recreation, and Community Enhancement meeting on January 10, 2006.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

Update on John W. Pitts Recreation Center

During the Parks, Recreation, and Community Enhancement meeting of August 23, 2005, it was noted what organizations were donating funds to the development of the John W. Pitts Recreation Center. Mr. Zach Carter, Parks and Recreation Director, gave an update and stated that a check has been received and deposited from the Longwood Foundation for $250,000.00. Also, the Request for Proposals is still in draft form and will be received from Becker Morgan Group, Inc. shortly and should be presented during the Regular Council Meeting on December 20, 2005.

The committee took no action.

By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 12, 2005

The Legislative, Finance, and Administration Committee met on December 12, 2005, with Chairman Salters presiding.

Resolution - Establishment of Special Fund for Post-Retirement Medical Benefits

The General Accounting Standards Board (GASB) has issued a new pronouncement that will require the City to recognize its post-retirement medical benefits liability since medical benefits are guaranteed to retirees. The accounting treatment is very similar to the City’s pension accounting. The City is not required to implement the standard until FY08. As a result of this change, Council has approved certain appropriations to be invested to start funding the obligation. They also recently approved the transfer of these funds, in the amount of $2.3 million, to the State’s Retirement Investment Plan (DELRIP). An actuary is calculating the liability and will be ready to present the results to Council by the beginning of December or the end of this month.

Members were provided a proposed resolution which would establish a special fund to provide for the post-retirement medical benefits liability to retirees.

Mrs. Mitchell, Finance Director, estimated that the liability would be between $40 and $60 million and the amount to be funded would be between $4 and $6 million per year, including the amount currently being funded. Mrs. Mitchell also advised members that the resolution should be amended to read fiscal year 2009.

The committee recommended adoption of the resolution, as amended by changing the fiscal year from 2008 to 2009.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation. The motion was seconded by Mr. Salters and, by a unanimous roll call vote, Council adopted the following Resolution:

WHEREAS, commencing with fiscal year 2009, the City of Dover will be required to recognize its post-retirement medical benefits liability since the City guarantees medical benefits to retirees; and

WHEREAS, Council has approved certain appropriations to be invested to start funding for this obligation; and

WHEREAS, it is necessary to set up a special fund to receive these appropriations, to invest the same, and to anticipate the obligations in the future.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:

1.         A separate fund is hereby established to provide for the post-retirement medical benefits liability to retirees required to be implemented in fiscal year 2009, to which fund appropriations from Council shall be made with authority to the fund to accept appropriations and contributions, with authority to the Finance Director of the City of Dover or her designee or assignee to manage the fund to accept appropriations, make investments and reinvestments in the fund, and to pay out fees, expenses, and benefits.

ADOPTED:    DECEMBER 20, 2005

Proposed Ordinance Amendment - Section 82-2, City Planner

Members were provided a proposed ordinance amending Section 82-2, City Planner, which would provide the day-to-day operations of the Director of Planning and Inspections to be the responsibility of the City Manager rather than the Mayor and Council.

During the committee meeting, Mr. Hogan advised members that there are a significant number of department heads who report to the Mayor and Council, which is not always the ideal situation for a well-run city. He noted that the Planner would still be selected by the Mayor and Council, the only difference is that they would report to the City Manager on the day-to-day operations.

Responding to Mr. Slavin, Mr. DePrima stated that, since he was requested to work with the City Planner, this situation has been in place informally for the past year. He noted that Council would retain authority over annexations, rezonings, street width waivers, and other planning matters.

Mr. Slavin proposed that the wording be changed to “The City Planner shall be directly responsible to the Mayor and Council and shall report to the City Manager. This amendment will be in place for a period of six (6) months from the date of passage.”

The committee recommended approval of the proposed amendment, with the amendment of the last sentence to read as follows: “The City Planner shall be directly responsible to the Mayor and Council and shall report to the City Manager. This amendment will be in place for a period of six (6) months from the date of passage.”

Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey.

Mr. Ritter reiterated that the Planning Commission, the Delaware Association of Realtors, and the Chamber of Commerce, who deal with the Planner on a regular basis, should be given the opportunity to provide their input prior to final adoption of the ordinance.

Mr. Ruane stated that he is opposed to the amendment and that it should be recognized that the current arrangement has been in place for 35 years. He noted that none of the City Planners requested that such a change be made and some Planner’s have expressed reservations regarding the potential for interference in decision making and or reporting processes by having the Planner report to the City Manager. Mr. Ruane stated that he would not wish to have the City Manager in any way inhibiting or subordinating the objectivity of the City Planner.

Several members stated that it was difficult for a part-time legislative body to be a full-time supervisor and that this change would be a good management decision for the City.

The motion for approval of the proposed amendment, with the amendment of the last sentence to read as follows: “The City Planner shall be directly responsible to the Mayor and Council and shall report to the City Manager. This amendment will be in place for a period of six (6) months from the date of passage.”, as recommended by the committee, was carried by a roll call vote of six (6) yes, and three (3) no (Mr. Ritter, Mr. Ruane, and Mrs. Williams). (The First Reading of the ordinance will take place during the latter part of the meeting).

Review of Proposed Replacement Budget Pages

During their Regular Meeting of November 28, 2005, Council directed staff to prepare a trial run of the replacement pages depicting all of the budget revisions for review prior to adopting it as the consistent format.

Members were provided proposed replacement budget pages for Fiscal Year 2005-06 reflecting the December 12, 2005, budget amendments for their review.

Mr. DePrima noted the following items on each sheet: (1) the actual page number from the Fiscal Year 2005-06 Final Budget is referenced in the top left corner; (2) the effective date of December 12, 2005, is shown in the top right corner; (3) Additions/(Reductions) are reflected in the 5th column; and (4) Adjusted Budget amounts are shown in the last column. He stated that, if approved, these pages would be provided as a part of the packet for future proposed budget amendments.

The committee recommended approval of the proposed replacement budget pages, as recommended by staff.

By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

MONTHLY REPORTS - NOVEMBER 2005

By motion of Mr. Carey, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda:   

            Chief of Police Report

            City Assessor Report

            City Manager's Report

            Planning and Inspections Report

            Robbins Hose Company No. 1 Report

APPOINTMENT (COUNCIL PRESIDENT WILLIAMS) - PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE - UNEXPIRED TERM TO EXPIRE MAY 2006

Council President Williams requested the appointment of Councilwoman Sophia R. Russell to the Parks, Recreation, and Community Enhancement Committee (To Fill Unexpired Term of John W. Pitts - Term to Expire May 2006).

By consent agenda, Mr. Carey moved for approval of the appointment of Councilwoman Sophia R. Russell to the Parks, Recreation, and Community Enhancement Committee, as recommended by Council President Williams, seconded by Mr. Salters and carried by a unanimous roll call vote.

FIRST READING - PROPOSED ORDINANCE

Council President Williams reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of January 9, 2006.

In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows:

            A.        Chapter 82, Planning - Section 82-2, City Planner

(Legislative, Finance, and Administration Committee)

COUNCIL MEMBERS COMMENTS

Mr. Hogan stated that he would be providing members with Legal Developments in 2005 and Federalism in the Supreme Court; materials he obtained from the National League of Cities Conference he attended in December.

Mr. Ritter, Mr. Carey, and Mr. Salters wished everyone a happy holiday.

Council President Williams welcomed Councilwoman Sophia Russell.

Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried.

Meeting Adjourned at 8:21 P.M.

                                                                                    JANICE C. GREEN

                                                                                    CITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of December 20, 2005, are hereby approved.

                                                                                    STEPHEN R. SPEED

                                                                                    MAYOR

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