COUNCIL COMMITTEES
The Council Committees Meeting was held on January 27, 1997 at 6:00 p.m. with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters, Mr. Hare and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Fenimore moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Fenimore and Mr. Kramedas. Mr. Carey was absent. In the absence of Mr. Carey, Councilman Hare was deputized as a committee member.
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.
Mr. O’Connor stated that the alley presently dead-ends and there are currently no utilities within the right-of-way of the alley.
Mr. Pitts relayed that he has been contacted by others that adjoin the alley that object to the proposed abandonment. The Pride Dover Elks owns three lots that adjoin the alley and have indicated that they may need to use the alley some time in the future. It is their hope that the City will improve it for better use by the residents.
Mr. O’Connor stated that there is little chance that the City would improve the alley since it dead-ends and would not provide adequate area for the City to provide services from the alley. He stated the possibility of acquiring the necessary right-of-way to make it a thru alley.
Noting the requirement of a public hearing, Mr. Hare suggested that the proposal move forward to the public hearing so that the other affected property owners have an opportunity to address their concerns.
Mr. Fenimore stated his opinion that it would be a waste of time and money to move forward on a proposal that we already know will meet the objections of the surrounding property owners. Referring to the letter from Ms. Deborah Fenimore, Mr. Fenimore stated that the letter actually petitions for an easement of the alley. Mr. O’Connor stated that he has had conversations with her that led him to believe that she was interested in abandonment of the alley.
Mr. Fenimore moved to table action on the request in order to allow time for the City Manager to contact Ms. Fenimore for clarification of the request. The motion was seconded by Mr. Pitts and unanimously carried.
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. Mr. O’Connor stated that we are trying to use all gas breakers and will be abandoning oil breakers where possible.
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.
Mr. Fenimore moved to recommend that the low bid, submitted by ABB c/o Wesco in the amount of $62,114, be accepted and a purchase order issued for two (2) SF6 gas, 69KV breakers type 72PM 31-20. The motion was seconded by Mr. Hare and unanimously carried.
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.
Mr. Hare moved to recommend that a purchase order be issued to US Filter/Water Pro in the amount of $64,421.30 for miscellaneous water system materials. The motion was seconded by Mr. Pitts and unanimously carried.
Meeting Adjourned at 6:18 P.M.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilmen Leary and Hare and Mr. Schaefer and Mr. Merritt.
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 & Co. The audit report of Faw Casson & Co. 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.
Mr. O’Connor stated that although the City experienced revenues that exceeded our expectations during the 1996 fiscal year, it is important to note that the Treasurer projected those revenues as we entered this fiscal year budget. Those revenues were projected to ensure no property tax increase. He pointed out, however, that projections for the current fiscal year in the areas of water and electric were over projected. In the month of August, the City was 6.6% under projected revenues for the month so we may have to deal with the problems associated with this projection. Mr. O’Connor reminded committee members that our budget cycle is such that in December 1996 we are projecting revenues for May 1998. Due to the length of time involved, we should expect fluctuations with the projections although we try very hard to be as accurate as possible.
Mr. Lambert stated that some of the surplus funds are a direct result of careful evaluation of expenditures by Mr. Karia and Mr. O’Connor. He expressed his appreciation for their diligent work in this area.
Mr. Hare moved to recommend acceptance of the Comprehensive Annual Financial Report for fiscal year 1996, seconded by Mr. Leary and unanimously carried.
Remuneration - Mayor and Council
Mr. Salters reminded members of the Committee that during their meeting of January 14, 1997, the committee recommended that the Legislative and Finance Committee prepare a compensation package for the position of Mayor and that a recommendation be brought before Council within thirty (30) days.
The committee also recommended that the City Code be amended to provide that Council members receive an annual salary of $3,600, to be paid monthly, effective May 11, 1998, and that an automatic increase of $50 per month be added to the Council salary every 10 years, commencing May 2008.
It was noted by Mr. Salters that in order to facilitate the above, an amendment to Chapter 12 of the City Charter would be necessary, which requires approval by the Delaware General Assembly. The recommendations of the Committee will be referred to City Council for action during the Council Meeting of February 10, 1997.
City Charter
Referring to the request to the General Assembly to amend Chapter 12 of the City Charter, Mr. Salters moved to recommend approval of the following:
“Section 12. COMPENSATION AND EXPENSES - MAYOR AND COUNCIL AND OTHER ELECTED OR APPOINTED OFFICIALS.
The Council shall determine the annual salary 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.
The motion was seconded by Mr. Schaefer and unanimously carried (Attachment #1).
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.
Mayor
Referring to Sec. 2-70, paragraph (1) of the City Code, Mr. Schaefer moved to recommend deletion of the paragraph and insertion in its place, the following (which will set the annual salary level for the Mayor at $45,000):
(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.
The motion was seconded by Mr. Salters.
Prior to action by the committee on Section 2-70, paragraph (1), Mr. Fenimore and Mr. Leary suggested that the question of benefits be addressed.
Council President Christiansen suggested that prior to setting an annual salary for the Mayor, that the committee address exactly what will be expected of the Mayor. Although some have voiced objections to a job description for the Mayor, Council President Christiansen stated his opinion that this issue needs to be addressed.
Mr. Leary stated his opinion that the Mayor should be permitted to opt into the City’s health care program. He explained that if an individual should choose to take a leave of absence from his/her job in order to become the Mayor, they should not be deprived of the right to a health care program.
There was a considerable amount of discussion on employee benefits that should be offered to a paid Mayor. It was generally agreed that a paid Mayor should be eligible to receive all benefits customary to City employees (i.e., health insurance, life & disability insurance, vision care, blood bank, etc.) with the exception of pension and sick and vacation leave.
Mr. Leary moved to amend the motion, seconded by Mr. Salters, that the following sentence be added to the proposal for paragraph (1) of Section 2-70:
That the Mayor be entitled to all benefits customary to a City employee with the exception of pension and sick and vacation leave.
The motion, as amended, was unanimously carried.
See summary of proposed changes to Section 2-70, paragraph (1) - (Attachment 2)
City Council
Referring to Section 2-70, paragraph (2), Mr. Leary noted that the proposal for City Council remuneration does not address a salary for the Council President. He stated that traditionally the Council President receives a different salary than that of other members of Council and he suggested that the Council President receive an annual salary of $4,200 ($350 per month).
Mr. Lambert referred to language in the proposed ordinance that sets an automatic $50 increase in the salary every 10 years. He stated his opinion that the amount should not be predetermined by City Council and that it should be addressed in the future on an as needed basis.
Mr. Schaefer moved to recommend deletion of the sentence “An automatic increase of $50 per month shall be added to the Council salary every 10 years, commencing in May 2008" and to recommend that the sentence, “ The Council President shall receive an annual salary of $4,200, to be paid monthly, effective May 11, 1998" be added to Section 2-70 of the City Code, paragraph (2). The motion was seconded by Mr. Leary and unanimously carried. See summary of proposed changes to Section 2-70, paragraph (2) - (Attachment 3).
After reviewing all proposed changes outlined during the course of the meeting, Mr. Leary moved to recommend approval of the proposed changes to Section 2-70 of the City Code (Attachment #4), seconded by Mr. Schaefer and unanimously carried.
Mr. Leary moved to adjourn, seconded by Mr. Schaefer and unanimously carried.
Meeting Adjourned at 7:12 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/