LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee meeting was held on October 11, 2004, at 6:11 p.m. with Councilman Slavin presiding in the absence of Chairman Salters. Members present were Mr. Hogan, Mr. Shevock, and Mr. Shelton. Members of Council present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Ritter, Mr. Ruane, and Council President Williams. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONS

Mr. Hogan requested that the agenda items be switched to allow consideration of item #2 prior to item #1.

Mr. Hogan moved for approval of the agenda as amended, seconded by Mr. Shelton and unanimously carried.

Purchasing Policy Amendments

In accordance with page 4, paragraph 3.2(J) of the City of Dover Purchasing Policy, “The City of Dover is not permitted to use any other municipal or private company bid to purchase material”. This prohibits any City department from cooperatively purchasing from any other agency or cooperative of agencies. During the past year, the cities of Newark, Milford, and Lewes, and the Delaware Electric Cooperative have expressed an interest in future cooperative purchasing with the City of Dover. Mr. DePrima advised members that cooperative purchasing will result in the City achieving a cost savings and that a comparison of prices bid by the City to prices offered by U.S. Communities has determined a potential savings of up to 40%. Numerous cities, counties, and states authorize cooperative purchasing, including the State of Delaware (Title 29, paragraph 6933).

Staff recommended that paragraph 3.2(J) of the City of Dover Purchasing Policy be amended to read: “The City of Dover is permitted to use state, county, municipal, and other government or private company contracts to purchase material once it has been determined that the procedures outlined within this policy will not be violated. Any deviation from this policy for the purpose of cooperative purchasing must be approved by the City Manager prior to entering into any purchase agreement.”

Mr. Shelton moved to recommend approval of the amendment to paragraph 3.2(J) of the City of Dover Purchasing Policy as recommended by staff. The motion was seconded by Mr. Hogan and unanimously carried.

Proposed Charter Amendments

During the early part of this past year, the Legislative, Finance, and Administration (LF&A) Committee reviewed proposed Charter and Code Amendments. As a result, Mayor Speed (who served as Chairman of the LF&A Committee during the review), submitted recommended changes to the City Charter. He reminded members that the changes include simple language changes that were recommended as a part of the City’s reincorporation amendments, which were previously approved by Council but have not been approved by the General Assembly.

Due to the absence of Chairman Salters, Mr. Slavin suggested that the purpose of the discussion be for informational purposes only and that no action would take place by the committee until the Chairman returns. Responding to Mr. Ruane, Mr. Slavin clarified that members should not submit additional comments regarding amendments to the Charter and Code at this time; however, members should relay any questions or concerns regarding the Mayor’s proposal during this presentation.

Mayor Speed provided members with the comprehensive Charter review document, the minutes from the previous committee meetings when the review was conducted, and an explanation of the recommended changes (as on file in the Office of the City Clerk). Mayor Speed reviewed and explained the recommended amendments to Section 3 through Section 10.

Responding to Mr. Hogan, Mayor Speed explained that all members of Council and the LF&A Committee were invited to submit comments to be included in the comprehensive Charter review document. However, only five (5) members submitted written comments to the City Clerk, which were included in the document.

Council President Williams relayed concerns with lengthening the terms for the Offices of the Mayor and Council, feeling that it could have an affect on the City’s non-partisanship. She felt that one of the City’s richest resources is the fact that Council serves on a non-partisan basis and she would like to assure that is not jeopardized.

Mr. Ruane noted that there is no reference to partisanship in the Charter and suggested that members consider the inclusion of language that would reference non-partisanship. Not being aware of any other jurisdiction that requires filing petitions, he requested that the City Clerk research the filing requirements for other municipalities. He also noted that the City Charter lacks language relative to campaign financing.

Mr. Ritter relayed his opposition to changing the terms for either the Mayor or Council. He also explained why he felt that either the budget approval date or election date should be changed. With the election held in April and a term of office to begin in May, newly elected members of Council must approve a budget before June 30^th. This timing does not allow new members of Council to provide input in the budget.

As a new member of Council, Mr. Hogan felt that the information provided has been piece mealed. He suggested that all members be provided a complete copy of the current Charter with the reincorporation amendments included, and then have a separate document that contains comments, including those that have been compiled by the Mayor.

Concurring, Mr. Slavin requested that the City Clerk prepare the necessary documents and also that these documents contain page and line numbers for reference purposes.

Mr. Ruane advised members that comments were made only for certain sections because the previous Council President specifically requested review of certain Sections of the Charter, as well as the Code. He noted that there are certain sections of the Charter that if changed, will affect the Code and members should be made aware of this fact when proposing changes.

Responding, Mayor Speed stated that during the review, although the Council President had requested the review of certain sections, it was made clear that the committee was open to receiving recommendations for any sections of the Charter or Code.

Mr. Hogan moved to recommend that the Legislative, Finance, and Administration Committee schedule workshop hearings to discuss this Charter review. The motion was seconded by Mr. Shevock and unanimously carried.

Council President Williams suggested that staff provide a visual presentation during the workshop sessions. Mr. Slavin requested that members aggressively seek public input on this matter.

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

Meeting Adjourned at 6:56 P.M.

                                                                                    Respectfully submitted,

                                                                                    Timothy R. Slavin

                                                                                    Acting Chairman

TRS/jg

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