REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 10, 2003 at 7:30 p.m. with Council President Carey presiding. Council members present were Mr. Ritter, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. McGlumphy, Mr. Speed, and Mr. Ruane. Mr. Salters and Mayor Hutchison were absent.

Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Jorgenson, Fire Chief Bashista, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell.

OPEN FORUM

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

Mr. John McNeal of Independent Resources, Inc., 32 W. Loockerman Street, Suite 102, expressed concern that the City of Dover is one of over 200 cities that has signed on to support the City of Sacramento, California in their stance of challenging the ADA’s law for accessibility in relation to curb cutouts and accessible sidewalks. Mr. McNeal noted that Independent Resources, Inc. is a center for independent living for people with disabilities. He stated that the company was located in downtown Dover in part because of the great accessibility. Being a wheelchair user himself, Mr. McNeal stated that he was shocked to discover that the City of Dover had signed on as a friend of the court since Dover does not discriminate against people with disabilities and is, in fact, one of the better cities in the country to get around in.

Mr. McNeal felt that it was shameful for Dover’s name to be on the list of supporters for Sacramento’s lawsuit and requested that it be removed. He also offered to assist in educating the citizens of Dover in this regard.

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

AGENDA ADDITIONS/DELETIONS

Mr. Speed moved for approval of the agenda, seconded by Mr. McGlumphy and unanimously carried.

ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF FEBRUARY 24, 2003

The Minutes of the Special Council Meeting of February 24, 2003 were unanimously approved by motion of Mrs. Williams, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 24, 2003

The Minutes of the Regular Council Meeting of February 24, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Truitt and bore the written approval of Mayor Hutchison.

PROCLAMATION - EMPLOYEE APPRECIATION DAY

The Assistant City Clerk read the following Proclamation into the record:

WHEREAS, the City of Dover employees work diligently for all of our citizens; and

WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and

WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy some of the lowest utility and tax rates in this region; and

WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.

NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 21, 2003, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.

STATE OF THE CITY BUDGET

Mr. DePrima, City Manager, and Mrs. Mitchell, Finance Director/Treasurer, presented members with the mid-year review of the 2002/2003 City of Dover Budgets. The purpose of the report is to provide Council with a depiction of the City’s operating expenses and revenues. Mr. DePrima explained that the report does not include an evaluation of capital projects, which are reviewed through the Capital Investments Plan process. The report is to provide Council the opportunity to take action that may be necessary to adjust the budget. The State of the Budget Report takes the place of the mid-year budget amendments done in previous years. Mr. DePrima stated the budget is sound, unexpected increases in revenue outweigh unexpected increases in expenses. He noted that a limited budget amendment is being recommended in order to pay some expenses now.

Mrs. Mitchell briefly explained the associated draft budget ordinances proposed and provided members with the following corrections to the report:

The third paragraph on page 1 should read as follows with changes bolded: Overall, the report projects that the General Fund Budget Balance will increase by $112,600 to $1,878,893. The combined Water/Wastewater Fund Budget is projected to increase by $26,802 to $1,425,912. The Electric Fund will increase by $557,521 to $4,362,876. The Water/Wastewater Improvement & Extension Fund will remain the same at $179,558. The Electric Improvement & Extension Fund will increase $2,188,799 because of the Duke contract revenue.

Mr. McGlumphy, noting that there was a lot of money being moved, requested Mrs. Mitchell, Mr. DePrima, and Mrs. Tieman to provide Council with details to match up the proposed projects and deferrals with the movement of the money. He requested that the detail be provided within the next month or two.

With reference to the Duke Rebate, Mr. Ruane noted for the record that there have been ongoing discussions regarding the establishment of a “rate stabilization account”. He wanted to emphasize that the capital budget for the electric department was covered without using the Duke Rebate funds. Mrs. Mitchell stated that the financial policy dictates that unexpected one-time revenues are to be used only for one-time expenses, not operating expenses.

Mr. Speed thought it was important to note that the Transfer Tax from the sale of the Dover Mall and the Duke Rebate have been captured for potential major expenditures instead of being spent.

Mr. Speed moved for acceptance of the State of the Budget Report (Exhibit #1) as presented by staff and for the recommended budget amendments to be presented to the Legislative and Finance Committee for their review and recommendation. The motion was seconded by Mr. McGlumphy and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on February 24, 2003 with Chairman Salters presiding.

Bid - Replacement/New Overhead Doors for Various City Buildings

Members were advised that new overhead doors are required for the Grounds Division Glass House, the Electric Department Truck Barn, and the Police Warehouse. These doors are required to provide security and protection from the elements for the City owned assets contained inside. The overhead doors in the City Warehouse also need to be replaced. These doors are old and deteriorating and are difficult to open and close and provide no insulation from the outside temperatures. As a result, the deterioration of shelf-life items is accelerated. Also, these doors do not seal tightly and allow insects and rodents to enter. Staff recommended awarding the purchase of the overhead doors to the second low bidder, Crothers Doors & More, Inc., Hartly, Delaware, in the amount of $32,350.

The committee recommended approval of staff’s recommendation.

Mrs. Williams moved approve awarding the purchase of the overhead doors from Crothers Doors & More, Inc. in the amount of $32,350 as recommended by the committee. The motion was seconded by Mr. Speed and unanimously carried.

Mr. McGlumphy moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Williams and unanimously carried.

MONTHLY REPORTS - JANUARY 2003

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

             City Manager’s Report

Robbins Hose Company No. 1 Report

ANNUAL REPORT - FIRE DEPARTMENT

Members were provided with the Annual Report of the Fire Chief for the Robbins Hose Company No. 1 for year 2002 for their review.

Responding to Mr. Ruane, Fire Chief Bashista stated that the proposed impact fee of one-quarter of one percent (.25%) of the construction value permit of all new construction within the City of Dover would be similar to impact fees in Sussex County and the Town of Smyrna. He noted that the impact fees are used to enhance fire protection services within those jurisdictions. Chief Bashista indicated that he would like to meet with members of Council in the near future in reference to this proposal.

Mr. DePrima noted that an intern from Delaware State University is conducting research on the proposed impact fee and he will be working jointly with the Fire Department in bringing the proposal forward.

Mr. Truitt moved for acceptance of the 2002 Annual Report of the Fire Chief for the Robbins Hose Company, seconded by Mrs. Williams and unanimously carried.

HIRING OF LABOR LAWYER/PROFESSIONAL NEGOTIATOR

Mr. Pitts moved that staff be instructed to hire a labor lawyer/professional negotiator to assist the City with upcoming employee contracts to be accomplished in accordance with the City’s purchasing policy. The motion was seconded by Mr. Truitt.

Responding to Mrs. Williams, Mr. Pitts stated that since the Human Resources Director, Mr. Frank Szyjka, has a background in labor negotiations, he will be the lead negotiator. The labor lawyer/professional negotiator will assist him when necessary.

Mr. Truitt moved to table until the next meeting, seconded by Mrs. Williams. The motion failed with six (6) no and two (2) yes (Mr. Truitt and Mrs. Williams) (Mr. Salters absent).

Mr. McGlumphy felt that it was important to have a good labor lawyer serving on the team with the City negotiators. He noted that some items negotiated in the past are now being litigated through the court system.

It was Mr. Ruane’s feeling that it was critical to have a labor lawyer/professional negotiator in the early stages of negotiations since that is when most contract misinterpretations occur.

The motion that staff be instructed to hire a labor lawyer/professional negotiator to assist the City with upcoming employee contracts to be accomplished in accordance with the City’s purchasing policy passed by a roll call vote of seven (7) yes and one (1) no (Mr. Truitt) (Mr. Salters absent).

Mr. McGlumphy moved for adjournment, seconded by Mr. Speed and unanimously carried.

Meeting Adjourned at 8:13 P.M.

                                                                                    TRACI A. MCDOWELL

                                                                                    ASSISTANT CITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 10, 2003, are hereby approved.

                                                                                    JAMES L. HUTCHISON

                                                                                    MAYOR

/TM

S:ClerksOfficeAgendas&MinutesCouncil-Minutes20033-10-2003.wpd

Exhibit Attached to Original Minutes and File Copy

Exhibit #1 - State of the Budget Report