REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 10, 1997 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Major Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Elder Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Fenimore moved for the deletion of agenda item 4B (Section 2-70 - City Code), seconded by Mr. Truitt. In explanation, Mr. Fenimore stated that he is requesting that the matter be deferred to a later date.
On a call for the question on the motion to delete item 4B from the agenda, the motion failed by a roll call vote of three (3) yes (Mr. Pitts, Mr. Truitt and Mr. Fenimore) and six (6) no.
Mrs. Malone moved for approval of the agenda, seconded by Mr. Leary and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 27, 1997
The Minutes of the Regular Council Meeting of January 27, 1997 were unanimously approved by motion of Mrs. Malone, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
RESOLUTION - LOUIS J. AMABILI
Mr. Truitt moved for approval of the following Resolution, seconded by Mr. Leary and unanimously carried:
WHEREAS, Mr. Louis J. Amabili designed and supervised construction of the Delaware State Fire Service Training Center, located at 1461 Chestnut Grove Road in Dover, Delaware, and has been the one and only Fire School Director since its inception in November 1964; and
WHEREAS, since 1947, Mr. Amabili has been affiliated with fire service at the local, state and national levels, having served on numerous national and local committees, one of which was the President’s National Commission on Fire Prevention and Control, which authored the report “America Burning”; and
WHEREAS, in 1975, Mr. Amabili received the International Fire Service Training Association Award for outstanding achievement in fire service training and was awarded the Order of the First State by Delaware’s Governor in August 1980; and
WHEREAS, in recognition of his long tenure and dedicated fire service in the First State, the State of Delaware authorized and directed the Delaware Fire Prevention Commission to name the fire training service facility located at 1461 Chestnut Grove Road in Dover, Delaware, the “Louis J. Amabili Fire Service Training Center”.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council congratulate Mr. Amabili for the recent honor bestowed upon him with the naming of the fire training service facility located in Dover, the “Louis J. Amabili Fire Service Training Center”, in recognition of his long tenure and dedicated fire service in the First State.
BE IT FURTHER RESOLVED that the Mayor and Council acknowledge the many contributions of Mr. Louis J. Amabili to the City of Dover Fire Marshal’s Office and Robbins Hose Company and express their sincere appreciation for his devotion to fire protection and prevention.
The Resolution and a Dover Cup were presented to Mr. Louis Amabili by Mayor Hutchison and Council President Christiansen along with State Fire Commissioner Carleton Carey, Sr., Robbins Hose Company Fire Chief Carleton Carey, Jr., Deputy Chief Wayne Hutchison, Assistant Chiefs Al Farling and Dan Lott and Captain Bobby Whedbee.
Mr. Amabili expressed his appreciation for the recognition and his gratitude for the cooperation always shown him by all representatives of the City of Dover and Robbins Hose Company.
UTILITY COMMITTEE REPORT
The Utility Committee met on January 27, 1997 with Chairman Lambert presiding.
Request for Abandonment of an Unimproved Alley - 228 & 230 N. Queen Street
A request was received from Deborah D. Fenimore to abandon the alley to the rear of 228 and 230 N. Queen Street. The alley is unimproved and there are no sanitary sewer or water utilities within the right-of-way. City staff recommended abandonment of the entire alley, stipulating that a permanent easement equivalent to the length and width of the alley be retained for future utility installation if necessary and that a public hearing be set as required by City Code.
It was noted by the committee members that there are objections to the proposed alley abandonment by adjacent property owners and some confusion as to exactly what action Ms. Fenimore is requesting from the City. Therefore, the committee tabled action on the request in order to allow time for the City Manager to contact Ms. Fenimore for clarification of the request. (After discussion with Ms. Fenimore, the City Manager reported that no further action is requested on the matter.)
Council took no further action.
Dover Air Force Base Substation Upgrade
In order to finish upgrading the bus, metering, and relaying at the Dover Air Force Base Substation without disrupting service to the Base, two 69KV breakers are required to bypass the substation. Additional structure and bus work are needed to accommodate metering class current and potential transformers.
Once the construction is complete, one breaker will replace the Lebanon Substation main breaker to relieve a potential EPA issue which would involve construction of a costly oil retention system. The other breaker will become a much needed spare.
Bids were received from three vendors, with the low bid submitted by Wesco in the amount of $62,114 for the purchase of two (2) SF6 gas, 69KV breakers type 72PM 31-20. Staff recommended approval of the low bid.
The committee recommended that the low bid, submitted by ABB c/o Wesco in the amount of $62,114, be accepted and a purchase order be issued for two (2) SF6 gas, 69KV breakers type 72PM 31-20.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Evaluation of Bids - Miscellaneous Water System Materials
The Department of Public Works has solicited bids for miscellaneous water system materials to be used on a variety of water extension projects throughout the City of Dover. Bids were submitted by three vendors, with the low bid submitted by US Filter/Water Pro in the amount of $64,421.30. Staff recommended that the bid from US Filter/Water Pro be accepted.
The committee recommended that a purchase order be issued to US Filter/Water Pro in the amount of $64,421.30 for miscellaneous water system materials.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on January 27, 1997 with Chairman Salters presiding.
Comprehensive Annual Financial Report - FY96
The City’s financial books are audited by independent auditors each year as required by the City Charter. Accordingly, for fiscal year 1996, all financial books were audited by the C.P.A. firm of Faw Casson & Company. The auditors have given a clean (unqualified) opinion. The City has received the Award of Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada (GFOA) for the past eleven years.
Ms. Janis Nesterak, representing Faw Casson & Co., was present to answer any questions on the report. She explained that the document is for external reporting purposes and is meant for persons who do not have easy access to the data of the City’s accounting system such as bond holders, rating services, grantors, auditors, etc. It is also a general purpose document that is meant for a variety of persons and therefore contains a variety of information. The document is produced by City staff in consultation with Faw Casson & Company. The audit report of Faw Casson & Company is contained on page one in the financial section of the Report. The goal of an audit is to obtain reasonable assurance that the financial statements are fairly presented without material misstatements.
After thoroughly reviewing the Report, the committee recommended acceptance of the Comprehensive Annual Financial Report for fiscal year 1996.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried.
Remuneration - Mayor and Council
Mr. Salters reported that the Legislative and Finance Committee met on January 14, 1997 and on January 27, 1997 to discuss the issue of remuneration of Mayor and Council.
Prior to the report of the committee, Council President Christiansen reported that correspondence has been received on this issue and he assured the public that copies of all letters have been disseminated to all members of Council and to the Mayor and are a part of the official record.
City Charter
Referring to the request to the General Assembly to amend Chapter 12 of the City Charter, the committee recommended approval of the following language:
Section 12. COMPENSATION AND EXPENSES - MAYOR AND COUNCIL AND OTHER ELECTED OR APPOINTED OFFICIALS.
The Council shall determine the annual salary and emoluments of the Mayor and Council and other elected or appointed officials by ordinance. Members of the Council, the Mayor and other elected or appointed officials shall receive reimbursement for actual and necessary expenses incurred when on official business as prescribed by City ordinance or policy.
Referring to the proposed language for Chapter 12 of the City Charter, Mr. Hare asked if Council could legally change the annual salary of the Mayor during the course of the term of office. Mr. Fenimore stated that it was his understanding that the language would permit such a change in the event City Council felt it necessary. He requested that the City Solicitor submit a legal opinion on this question prior to an official vote by City Council. (The City Solicitor submitted a written opinion that City Council could change the annual salary during the course of the term of office for the Mayor. A copy of this opinion is on file with the Office of the City Clerk.)
Mr. Salters moved that City Council request that the General Assembly amend Chapter 12 of the City Charter as recommended by the committee. The motion was seconded by Mr. Leary and unanimously carried.
Mayor
Referring to Sec. 2-70, paragraph (1) of the City Code, the committee recommended deletion of the paragraph and insertion in its place, the following:
(1) The mayor shall receive an annual salary of $45,000, effective May 11, 1998. In addition, the mayor shall receive an expense allotment of up to five thousand dollars ($5,000.00), to be included in the city's annual budget, for miscellaneous expenses, to be reimbursed upon submission of receipts or proper documentation. Expenses in excess of this amount shall only be permitted by Council approval.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary.
Mr. Lambert stated his appreciation to the committee for their hard work on this subject. He stated that he supports the concept, feeling that the Mayor’s role is already a full-time position and that this action simply compensates the Mayor for the time given on behalf of the City. However, he feels that the proposal goes too far in the area of salary and although it is not mentioned in the motion, it is assumed that the Mayor will be provided a City vehicle. Mr. Lambert moved to amend the motion to reflect a salary of $40,000 and the use of a City vehicle, with the remaining language of the original motion to remain. The motion was seconded by Mr. Truitt but failed by a roll call vote of five (5) no, four (4) yes (Mr. Lambert, Mr. Truitt, Mr. Hare and Mr. Christiansen).
Mr. Fenimore commended the committee members for their hard work in preparing a compensation package for the position of Mayor. As to the merits of the issue, Mr. Fenimore stated that the question remains as to what will be different to the citizens of Dover if this motion is approved, other than a transfer of money. Since the proposed motion does not include any proposed changes to the duties and responsibilities of the Mayor, Mr. Fenimore stated his feeling that the net sum result to the citizens of Dover will be zero. Absent a proposal for enhanced duties and responsibilities for the Mayor and a real change in how our City government works, Mr. Fenimore stated that action to compensate the Mayor is inappropriate. He explained that this is the reason he attempted to delete the agenda item on remuneration for Mayor and Council. He also believes that as we are nearing the 1997 municipal election, this would be a perfect time for our candidates, as well as all members of Council, to have discussions with our voters to determine if they support the concept of a paid Mayor. He does not recommend a referendum on the matter, but that more time be allotted in order to garner the opinions of the citizens.
Mr. Fenimore moved to table the motion, seconded by Mr. Truitt. On a call for the question on the motion to table the main motion, the motion failed by a roll call vote of six (6) no, three (3) yes (Mr. Pitts, Mr. Truitt and Mr. Fenimore).
Mr. Hare reminded members of Council that this issue has been debated for many years with three citizen groups commissioned over the years to review the matter. He stated his feeling that it will be very positive for the citizens of Dover to have more access to the Mayor. If, however, it is later determined that it is not, he stated his hope that the City Council will have the fortitude to make the necessary changes. He stated that this is not an easy decision to make and regardless of how the Council members vote, it will not please everyone. It was his feeling that each member of Council must vote in accordance with their own research on the matter and on what they feel is best for the citizens of Dover. He stated that each member of Council should already have some idea of the opinions of their constituents on this matter and did not feel that additional time during the campaign period should be necessary.
Mr. Fenimore reminded members of Council that they should not vote based upon their feelings, but based upon the structure they feel best serves this city. He urged members of Council to delay a vote on this matter until after they have had an opportunity to determine the wishes of our citizens.
Mr. Truitt stated his concern with the motion since it does not address the duties of the Mayor. He also voiced concern that the proposal does not guarantee that the Mayor will devote his time to this position on a full-time basis. He felt that the proposal should stipulate that the Mayor cannot hold down another full-time or part-time job while serving as Mayor of Dover.
Mr. Truitt moved to amend the motion to require that language be devised, and submitted to Council on March 10th, to establish the duties and responsibilities of the Mayor and to stipulate that the Mayor be prohibited from having any other full or part time position while serving as Mayor of Dover. The motion was seconded by Mr. Fenimore for purposes of discussion.
Mr. Leary noted that Council has already agreed that the Charter should be amended to provide City Council the authority to adopt its own ordinances regarding this issue. If the proposed Charter amendment is approved by the General Assembly, then City Council can change the ordinances as they see fit. As a courtesy to any member of Council that would like to explore changes to the proposed package, Mr. Leary offered to cosponsor any proposals for consideration at a future Legislative and Finance Committee meeting. He requested that members of Council that support defining the role of the Mayor make specific recommendations to the committee for its consideration.
Council President Christiansen stated that the City of Dover has been very fortunate to have such dedicated public servants elected as our Mayor. He stated his support for the concept of a paid Mayor, but urged Council to determine the duties and responsibilities for the Mayor. Responding to questions by Mr. Fenimore, Council President Christiansen stated his opinion that his concerns could be addressed by ordinance rather than by amending the City Charter.
Mr. Salters stated that it is very difficult to devise a job description for the chief executive officer of any organization. He stated that he would support some general guidelines for the position of Mayor, but he does not support a detailed job description. Agreeing with Mr. Salters, Mr. Lambert stated that the Governor of the State of Delaware has no job description. Our State legislators have no job descriptions and City Council members have no job descriptions. He stated that every elected official is held accountable to the voters. He voiced concern that a detailed job description would tie the hands of a Mayor and would reduce the Mayor’s creativity.
Mr. Truitt clarified that his motion does not call for a job description. It calls for a defined statement of what the Mayor is expected to do.
On a call for the question by Mr. Salters on the amending motion, the motion failed by a roll call vote of seven (7) no, two (2) yes (Mr. Truitt and Mr. Christiansen).
Mr. Pitts stated that he feels the proposal is too excessive for the taxpayers to absorb and therefore will not support the motion.
On a call for the question on the main motion by Mr. Leary, the motion was approved by a roll call vote of six (6) yes, three (3) no (Mr. Pitts, Mr. Truitt and Mr. Fenimore). (The First Reading of the ordinance will take place during the latter part of the meeting.)
City Council
After review by the committee during meetings on January 14, 1997 and January 26, 1997 of a proposal for remuneration to City Council, the Legislative and Finance Committee recommended that Section 2-70, paragraph (9) be deleted and that paragraph (2) be amended as follows:
(2) Each Council member shall receive an annual salary of $3,600, to be paid monthly, effective May 11, 1998. The Council President shall receive an annual salary of $4,200, to be paid monthly, effective May 11, 1998. Council members shall receive reimbursement for actual and necessary expenses incurred when on official business as prescribed by ordinance or policy.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone.
Mr. Truitt moved to amend the motion to set the annual salary of Council at $2,400. The motion failed due to the lack of a second.
The main motion was approved by a roll call vote of five (5) yes, four (4) no (Mr. Leary, Mr. Truitt, Mr. Fenimore and Mr. Christiansen). (The First Reading of the ordinance will take place during the latter part of the meeting.)
Mr. Salters stated that the committee recommended that paragraph nine (9) be deleted and that paragraphs three (3) through eight (8) remain the same. Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Truitt).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Hare moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances 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 February 24, 1997.
Mr. Hare moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
SEC. 2-70. COMPENSATION AND EXPENSES - MAYOR, COUNCIL, EMPLOYEES AND OTHER ELECTED OR APPOINTED OFFICIALS (It is noted that this action is contigent upon approval by the General Assembly of the proposed amendment to Section 12 of the City Charter.)
Mr. Fenimore moved to adjourn, seconded by Mrs. Malone and unanimously carried.
Meeting Adjourned at 8:40 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 10, 1997, are hereby approved.
JAMES L. HUTCHISON
MAYOR
/DJB