SPECIAL MEETING

December 30, 1974

A Special Meeting of the City of Dover Council was held at City Hall on December 30, 1974, at 7:30 P.M. with Mayor Carroll presiding. Due to the death of Councilman Biggs and the absence of Councilman Hardcastle, members present were Messrs. Walls, Legates, Holpp, Muir, Harris and Cullen.

Mayor Carroll called the meeting to order and explained that the Special Meeting was called specifically to consider the Fair Labor Standards Act which becomes effective January 1, 1975. Final interpretations of the law were not received from Washington until December 24, 1974.

ADOPTION OF DECEMBER 9, 1974 MINUTES

On motion of Mr. Muir, seconded by Mr. Legates, Council approved the minutes of the December 9, 1974 Council Meeting as presented.

DELETE REGULAR REPORTS

On motion of Mr. Legates, seconded by Mr. Muir, Council by-passed the regular reports to deal with the guidelines of the Fair Labor Standards Act.

UTILITY COMMITTEE REPORT - COUNTY SEWER BILLINGS

The Committee considered a study furnished by the County showing a breakdown of cost figures related to the sanitary sewer flow charges being billed to the City of Dover. It was the feeling of the Committee that the County billings are justified and are directly related to the increased utility costs which are being passed on to the City in accordance with the contractual agreements between the various municipalities.

DELAWARE TELESERVICE FRANCHISE

Council was informed that the cable television franchise with Delaware Teleservice was presented to the Utility Committee in draft form. The franchise has since been turned over to Delaware Teleservice for their study and comments before being presented to Council for adoption.

On motion of Mr. Cullen, seconded by Mr. Walls, Council approved the payment of County sewer flow bills, as charged in accordance with the recommendation of the Utility Committee. Motion carried.

On motion of Mr. Walls, seconded by Mr. Cullen, Council accepted the Utility Committee Report as presented.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

A written report of the Legislative and Finance Committee was presented by Chairman Legates.

FAIR LABOR STANDARDS ACT

Mr. James explained that guidelines to implement the Fair Labor Standards Act within the Dover Police Department which was presented to the Legislative and Finance Committee in their meeting of December 18, 1974. The guidelines basically follow the federal law except on two occasions whereby they exceed the minimum standards set forth in the Act, those being payment of 1½ times regular pay for those hours actually worked on a recognized holiday of the City and the adoption of the 216 hour basic work period in a 28 day cycle as opposed to the 240 hours which is required by the law for calendar year 1975. The 216 hour figure is a requirement in 1977. It was the recommendation of the Committee that the City of Dover adopt the guidelines as presented by the City Manager insofar as they apply to the Dover Police Department. It is also the understanding of the Committee that from time to time some changes may be directed in the guidelines by the Secretary of Labor and it is the further recommendation of the Committees that when this occurs that the City Manager be authorized to make the necessary changes in order to comply with the law.

On motion of Mr. Harris, seconded by Mr. Legates, Council by a roll call vote of six (6) yes and ne (1) absent, Mr. Hardcastle, adopted the guidelines to implement the Fair Labor Standards Act deleting page 2, section 2, which deals with exempt employees in the Dover Police Department.

POLICE DEPARTMENT SALARY BASE, ANNUAL TO HOURLY

To simplify the record keeping of overtime set forth by the guidelines for the Police Department, the Committee recommends that salaries be changed from an annual base to an hourly base.

On motion of Mr. Holpp, seconded by Mr. Cullen, Council adopted the recommendation of the Committee by a roll call vote of six (6) yes and one (1) absent, Mr. Hardcastle.

On motion of Mr. Cullen, seconded by Mr. Muir, Council authorized the City Manager to initiate any changes made by the Secretary of Labor relating to the guidelines of the Fair Labor Standards Act, in order to comply with the law. The motion was carried by a roll call vote of six (6) yes and one (1) absent, Mr. Hardcastle.

Mr. Harris reiterated Mayor Carroll’s statement on the necessity of a special Council meeting to adopt the guidelines of the Fair Labor Standards Act to become effective January 1, 1975, but to lend credence to what has taken place in the meeting Mr. Harris suggested that no further business be acted on other than adopting the two holidays as recommended in the Legislative and Finance Committee Report.

On motion of Mr. Harris, seconded by Mr. Muir, Council adopted two additional holidays for all City employees as listed below making a total of eleven (11) official City holidays.

                        New Year’s Day                                Independence Day

                        Lincoln’s Birthday                             Labor Day

                        Washington’s Birthday                      Columbus Day

                        Good Friday                                       Veteran Day

                        Memorial Day                                    Thanksgiving Day

                                                      Christmas Day

The motion was carried by a roll call vote of six (6) yes and one (1) absent, Mr. Hardcastle.

On motion of Mr. Walls, seconded by Mr. Holpp, Council deferred further action on the Legislative and Finance Committee Report until the first meeting of January 1975.

Mr. James reported receiving bids on four time clocks to be installed at the Police Department, City Warehouse, McKee Run Plant and the Public Works Department. A bid from Simplex in Wilmington priced the clocks at $301.00 each and Dill Business Machines in Dover submitted a bid of $285.00 each. On motion of Mr. Legates, seconded by Mr. Muir, City Manager was authorized to purchase four clocks from Dill Business Machines from $285.00 each. Motion carried.

Mr. James and Mr. Willis were instructed by Mayor and Council to formulate a press release to the local news media relating to the reason for a Special Council Meeting this date and the business that transpired.

Meeting adjourned at 8:23 P.M.

                                                                        WILLIAM H. WILLIS

                                                                        CITY CLERK

All orders, ordinances and resolutions adopted by City Council at their meeting of December 30, 1974, are hereby approved.

                                                                        CRAWFORD J. CARROLL

                                                                        MAYOR

January 9, 1975