REGULAR COUNCIL MEETING

The Regular Council Meeting was held on August 28, 2000 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. McGlumphy, Mr. Pitts, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Gorman was absent.

Council staff members present were Chief Faulkner, Mr. Cooper, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Green 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. Weller moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 14, 2000

The Minutes of the Regular Council Meeting of August 14, 2000 were unanimously approved by motion of Mr. Carey, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.

PRESENTATION - GREGORY KRAMEDAS - SERVICE ON CITY OF DOVER UTILITY COMMITTEE (SEPTEMBER 1995 - MAY 2000)

Mr. Gregory Kramedas served as a member of the City of Dover Utility Committee from September 1995 through May 2000. Since Mr. Kramedas was unable to attend this meeting, on behalf of all members of Council, Mayor Hutchison will present a Dover Cup to Mr. Kramedas at a later date in appreciation for the service he rendered to the City.

PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR BEGINNING JULY 1999 (GFOA)

The Distinguished Budget Presentation Award for Fiscal Year beginning July 1999, from Government Finance Officers Association, was awarded to the City of Dover. This award signifies the excellent manner in which the City prepares and presents its budget. Council President Christiansen, Mr. Salters (Chairman of the Legislative and Finance Committee), and Mr. O’Connor (City Manager), assisted Mayor Hutchison in presenting the award to Mrs. Tieman, Director of Administrative Services, for the excellent work in preparing the budget document.

Mrs. Tieman reiterated that the budget is a team effort by staff and City Council. She relayed her appreciation to Mr. Karia, Finance Director/Treasurer, for his assistance in preparation of the budget.

LEGISLATIVE AND FINANCE COMMITTEE REPORT

The Legislative and Finance Committee met on August 14, 2000 with Chairman Salters presiding.

Economic Development Grant - CDEDC

The Central Delaware Economic Development Council received a $50,000 matching grant from the Delaware Economic Development Office for a comprehensive marketing plan for Kent County. The funds will be used toward the creation of marketing materials, including brochures, direct mailing materials, costs associated with advertising space, and attendance at targeted trade shows. The Central Delaware Economic Development Council has requested that the City of Dover assist in providing $10,000, with Kent County contributing $25,000 and other cities and private donations making up the balance of $15,000.

Staff felt that the funding would benefit the City by encouraging an industrial business to locate in the Dover area, ideally at the Garrison Farm, and recommended authorization to pay up to $10,000 as the City’s share of the matching grant. Funding is available through the Electric Economic Development Fund.

The committee recommended approval of staff’s recommendation

Mr. Salters moved to authorize staff to pay up to $10,000 to the Central Delaware Economic Development Council as the City’s share of the Economic Development (matching) Grant, as recommended by the committee. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Gorman absent).

Bid - Evaluation of Proposals - Liability and Property Insurance

Bids were solicited for liability and property insurance through two (2) brokers, L&W Insurance Agency and Commerce National/J.A. Montgomery. The low bid was received from Kemper Insurance Company, through L&W Insurance, at a total cost of $322,741, which includes underground storage tank coverage.

Staff recommended awarding the liability and property insurance bid for fiscal year 2001 to Kemper Insurance Company, through L & W Insurance Agency, in the amount of $322,741.

The committee recommended approval of staff’s recommendation.

Mr. Salters moved to award the Liability and Property Insurance for fiscal year 2001 to Kemper Insurance Company, through L&W Insurance Agency at a cost of $322,741, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Gorman absent).

All-America City Sub-Committee Report

During the Regular Council Meeting of July 10, 2000, City Council authorized the organization of a sub-committee to review the extent of the application process for the All-America City Award and to formulate a recommendation.

Mr. Gorman reported that the sub-committee met and indicated that there are many months involved in the preparation of the application and several people, including a team of staff, residents, community leaders, teachers, representatives of community organizations, and volunteers required to prepare the application. He stated that a “first time” application rarely receives the award and that the award is a one year designation. The application fee, which is based on population, would cost the City of Dover $375. A part of the process requires representatives of a city nominated to receive an “All-America City” award to travel for a three-day competition, which would involve additional expenses for the City. In totality, he estimated that it could cost up to $10,000 to apply for the award.

Mr. Gorman alluded to recent articles that appeared in the Dover Post regarding the “Best Places to Live and Work”. According to Forbes, Dover, Delaware was ranked 23 out of 94 “Best Smaller Places” and according to Employment Review, Dover, Delaware was ranked 5^th for “America’s Best Places to Live and Work 2000 - Top Small Cities”. He felt that to be an “All-America City”, one does not necessarily have to receive such an award. Taking this into consideration, Mr. Gorman reported that it was the consensus of members that the application process would be labor intensive and time consuming and could not justify the benefit of the award over the costs that would be involved, in both time and money.

No further action was taken by the Committee.

Mr. Salters moved to accept the All-America City Sub-Committee Report by consent agenda, with no further action. The motion was seconded by Mrs. Malone and unanimously carried.

Proposed Ordinance Amendment - Deferred Compensation Plan

In accordance with Section 2-214 of the Dover Code, employees that are members of the deferred compensation plan are required to contribute a minimum of two (2) percent of their compensation, with the City contributing an amount equal to the employee’s contribution up to a maximum of five (5) percent of the employee’s compensation. As a result of union negotiations, staff has recommended that the employee’s minimum contribution be increased to three (3) percent and the City’s maximum contribution be increased to six (6) percent. In order to accomplish this, an ordinance amendment is required.

The committee recommended adoption of the proposed ordinance amendment as recommended by staff.

Mr. Salters moved to approve the committee’s recommendation by consent agenda, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).

Review and Proposed Amendments - Purchasing Policy

The City currently follows a written purchasing policy which provides the guidelines for all purchases. The policy was adopted by the Council in 1984 and amended in 1989, 1993, and 1996. Staff submitted proposed amendments to the purchasing policy that would allow flexibility and speed so that the highest level of quality service can be delivered to our residents, businesses, and organizations, as follows:

It was also requested that Section No. 3.20 be added to the Purchasing Policy, to read as follows:

Specifications: The Department requesting the purchases will prepare the complete specifications for the items and provide them to the City’s purchasing agent.

The committee recommended approval of the proposed amendments to the Purchasing Policy as recommended by staff.

Mr. Salters moved to approve the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Gorman absent).

Discussion - City Referendum for the Regional Recreation and Sports Facility at Schutte Park

In an effort to move forward with the Regional Recreation and Sports Facility at Schutte Park, members considered the possibility of a referendum. Mr. Salters reiterated that there have been many discussions regarding the project and that it has been identified as the City’s number one project; however, it was his feeling that Council must consider all variables involved and maintain fiscal responsibility when making their decision regarding the project.

In briefing members, Mr. O’Connor stated that the estimated cost of constructing the 77,000 square foot building is $8.9M and to completely furnish the building is estimated at $3.1M, for a total estimated cost of $12M. To date, with the assistance of the State of Delaware General Assembly and private donations, the City has raised approximately $4.1M. In addition, the City has committed $1M to be used for engineering and construction drawings. Mr. O’Connor advised members that the 501C(3) is in the process of formulating a local fund-raising group. To promote the project, a sign will be constructed at the site to publicize fund-raising efforts. He informed members that the first quarterly payment was made to Holark Systems for grant writing services and, although there has not been an appropriate amount of time to produce results, it is anticipated that more than $1M will be received through grant foundations.

During the committee meeting, Mrs. Malone reminded members that in August 1996, the DRFC was formed and that members have been working diligently on this project, as requested by the Parks and Recreation Committee and City Council. She felt that the citizens support the project and, considering the length of time it has been since its inception, that it is time to put the question before the public. Mrs. Malone suggested that staff be requested to prepare for a City referendum, including the formulation of a proposed tax rate increase so that the citizens can be made aware of the full impact of the Schutte Park Project.

It was Mr. Gorman’s feeling that the residents of Dover are unaware of the possibilities of Schutte Park and that there needs to be a public relations program to advise the public of all details regarding the project such as the costs as a taxpayer, costs as a user, and programs that will be made available to them at the facility. In order to set a date for the referendum, Mr. Gorman suggested that members determine the dollar amount for the referendum and how much time it will take for a public relations program to effectively notify the citizens of the project in totality.

Council President Christiansen suggested that the DRFC, Holark Systems, and 501C(3) be charged with raising no less than $4M of additional funds, which would bring the total amount raised to $9M, at which time a referendum could be scheduled. In the meantime, he felt that there should be an aggressive public relations campaign that will entice the citizens to vote in favor of the referendum, which should be held for no less than $3M.

Mr. McGlumphy summarized the past history of the need for an indoor recreation center in the City of Dover and of the many studies that have been done confirming the need for indoor recreational facilities. He stated that after 13 years, there have been eight (8) studies and reports that conclude the same - the City’s indoor recreational facilities are inadequate and noted that there have been no improvements made as a result. Mr. McGlumphy stated that, in essence the City has no adequate indoor recreational facility outside the usage of school buildings, which will not be available for use in the near future. He reminded members that the proposed Schutte Park Facility is not just for children, but for all, the young and old. Mr. McGlumphy requested that members allow the DRFC adequate time to educate the public regarding the proposed project prior to a referendum. It was his feeling that the public should have the right to vote on the issue, but that they should be informed as to what they would receive in support of a positive vote.

Responding to questions of Mayor Hutchison, Council President Christiansen clarified that the $4M requested to be raised by the DRFC, Holark Systems, and 501C(3) does not include any monies that may be granted by the State of Delaware General Assembly.

Mayor Hutchison expressed gratitude towards Council and the DRFC for their efforts regarding the Schutte Park project. He strongly believes that the referendum should be considered only after the money to construct and furnish the building has been received. Mayor Hutchison informed members that when this building is complete, the City must consider issues such as operational costs and the necessity of hiring additional employees. He stated that there are many issues that need to be resolved and urged members to proceed with caution.

Mr. Truitt agreed that timing and public education are essential factors in scheduling a referendum. He cautioned members in delaying the scheduling of a referendum, feeling that it should not be set too far into the future in order to avoid an increase in costs and loss of momentum. Mr. Truitt suggested that a report be provided to members on the fund-raising and grant writing efforts in approximately three (3) months, with members having a tentative goal of setting the referendum in February 2001. Once the information regarding the fund-raising and grant writing efforts is obtained, a more definitive referendum date could be established.

General Vetter requested that Council provide ample time to generate public support before a referendum is scheduled. He also felt that it is only fair to advise the public what the proposed facility will be providing them and the associated costs that will be involved. He requested that members delay setting the referendum until the first week in February 2001 to allow an aggressive information/education campaign and that a contract be authorized for a public relations specialist, at a cost of $18,000, to effectively promote the Schutte Park Project. General Vetter suggested the possibility of a referendum being held on Saturday, February 3, 2001.

In response to Mayor Hutchison during the committee meeting, General Vetter relayed concern that the monies anticipated to be received from the State of Delaware General Assembly cannot be included in the $4M funds required to be raised.

Mr. McGlumphy felt that it is totally unreasonable to expect the 501C(3) Committee to raise an additional $4M by February 2001 and did not agree that the referendum should be held contingent upon a certain amount of additional funds being raised. He suggested that the referendum be held and if necessary, that the project be scaled back by reducing certain programs.

Council President Christiansen felt that the $4M, whether it has been or is expected (committed) to be received, is a reasonable goal which is necessary to accomplish the Schutte Park Project in totality, including operating expenses. It will also allow for scholarships for the less fortunate, considering that there may be individuals that will not be able to pay the required user fees.

The committee recommended that a $3M referendum be scheduled for Saturday, February 5, 2001, contingent upon an additional $4M being acquired through the efforts of the DRFC, 501C(3), and Holark Systems prior to the date of the referendum; and approval of the contract for a public relations specialist, at a cost of $18,000.

Mr. McGlumphy moved to table action due to the absence of Mr. Gorman, seconded by Mr. Truitt. The motion to table failed by a vote of four (4) yes, four (4) no (Mr. Pitts, Mr. Salters, Mr. Weller, and Council President Christiansen), and one (1) absent (Mr. Gorman).

Mrs. Malone moved to amend the motion by eliminating the contingencies (“contingent upon an additional $4M being acquired through the efforts of the DRFC, 501C(3), and Holark Systems prior to the date of the referendum), seconded by Mr. McGlumphy.

Mr. Salters questioned the rationale for the amended motion. Responding, Mrs. Malone felt that the requirement for the additional $4M should not be included in the scheduling of a referendum. She explained that the $3M will be necessary regardless of any additional funds being acquired and felt that it is time to allow the citizens the opportunity to voice their opinion regarding this project. Mrs. Malone reminded members that although there was a referendum that passed for the Police Station, there has not been a tax increase.

Responding to additional questions of Mr. Salters, Mr. McGlumphy stated that the contingencies place a tremendous burden on this project and also felt that the referendum should be held regardless of any additional funds being acquired. It was his feeling that since the cost of the building is $8.9M, if the referendum passes, the total amount of funds received would be $8M, which would only require an additional $0.9M. He noted that additional funds would be required to cover operating costs and to furnish the building.

Mr. Salters stated that although he supports the project, he has concerns that the necessary funds will not be acquired that would allow total use of the facility without placing a substantial financial burden on the City. He felt that all funds should be acquired prior to groundbreaking.

Responding, Mr. McGlumphy stated that the construction could begin when the $8.9M was acquired since further funding would continue to be sought through fund raising efforts and grants.

Mrs. Malone reminded members that construction of the building will take approximately two (2) years and felt that, during this time, fund raising and grant writing efforts would continue for this project.

Mr. McGlumphy cautioned members that a delay in this project will only cost time and money. To his knowledge, there has not been any other project that has had the work done that has been done for Schutte Park. He felt that this project can be accomplished and feared that a delay would jeopardize this project coming to fruition.

Mr. Salters suggested that the Council President be directed to appoint a fund raising committee.

Although he felt that the project is good, Mr. Weller questioned the timing of a referendum. He feared that at this time, a referendum would fail and reminded members that the City must be responsible and are fiscally responsible to the tax payers of this City. He also questioned if there is support from the citizens for this project.

Mr. McGlumphy stated that the concept of a referendum is to provide everyone the opportunity to vote for or against a project. By holding the referendum in February, there will be time for the public to become educated and determine if it is a project they support or not. Questions that will be typically asked by citizens are “what is in it for me?” and “what is the cost?”. He felt that the City should provide the citizens the opportunity to decide for themselves with regards to Schutte Park. If the public does not feel there is a need for such a project for its cost, they have a right to vote against it. Mr. McGlumphy felt that it is imperative to educate the public and incumbent upon Council to hold the referendum so that the City can determine the future of this project and what plans should be considered by members for its future. The public needs to be provided specific information relative to costs of the project and costs as a taxpayer. He also felt it was incumbent upon Council and the Mayor to seek funds since this is the City’s number one project.

Mr. Truitt reminded members that by scheduling the referendum, even if it were to pass, would not obligate the City to move forward with this project. It was his feeling that as the referendum date approaches, the City will have a better idea as to the amount of funds required to begin the project since there will be many seeking funds, including a grant writer and a fund raising committee.

Mr. Salters agreed that construction would not have to begin if the referendum passes but felt that Council should have some plan as to when construction would commence. He again requested that the motion be amended to include that a fund raising committee be appointed by the Council President.

Mr. Truitt advised members that some sports equipment and apparatus are included in the construction of the building; therefore, if built, it would not simply consist of an empty shell. He relayed concern that if the City does not move forward at this time, the money that has been acquired will be lost.

Mr. Carey agreed that there is a need for the facility and that a referendum should be held; however, he felt that the groundbreaking should not occur until after all necessary funds have been committed.

At the suggestion of Council President Christiansen, Mr. Salters withdrew his original motion as did Mrs. Malone her second and Mrs. Malone withdrew her motion to amend the original motion as did Mr. McGlumphy his second.

Mr. Salters moved to authorize a $3M referendum to be scheduled for Saturday, February 3, 2001; for approval of the contract for a public relations specialist at a cost of $18,000; and to authorize the Council President to appoint a Fund Raising Committee within 10 days. The motion was seconded by Mrs. Malone.

Reiterating his concerns, Mr. Carey felt that there should be a date specified as to when construction would occur as it relates to the amount of funding received, and that in his opinion, the necessary funding that should be required would include those necessary to furnish the facility so that it is usable upon completion.

Mr. McGlumphy felt that groundbreaking would occur once the City acquired $8.9M. With the efforts of all, he felt that the necessary funds to furnish the building will be acquired as well as operational funds. He suggested the possibility that there may be enough funds acquired that will eliminate the need for a tax increase even if the referendum were to pass.

Mr. Pitts reminded members that the funds needed to build Fire Station #2 for Robbins Hose Company was accomplished through fund raising; therefore, he felt that there is always the possibility that this project could be accomplished without increasing taxes.

On a call for the question by Mrs. Malone, the motion (to authorize a $3M referendum to be scheduled for Saturday, February 3, 2001; approval of the contract for a public relations specialist at a cost of $18,000; and to authorize the Council President to appoint a Fund Raising Committee within 10 days) was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Weller) and one (1) absent (Mr. Gorman).

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

UTILITY COMMITTEE REPORT

The Utility Committee met on August 14, 2000 with Chairman Weller presiding.

Request for Waivers - Subdivision and Street Design Standards - Maple Glen Subdivision

Subdivision Regulations, Appendix A of the City Code, Article VI, Section A, specify a street pavement width of 38' within a 60' right-of-way with no consideration given to whether or not on-street parking is controlled. A petition to waive certain subdivision street design standards has been received for the Maple Glen Subdivision located on the south side of Denny’s Road approximately 2,000’ west of McKee Road, and summarized as follows:

1)    Waiver from the required 150' curve radius (in two curves), to permit a 100' curve radius.

2)   Waiver from the 60' minimum right-of-way requirement, to permit a 50' right-of-way width.

3)   Waiver from the 38' paved width from commercial road paving, to permit a paved width of 32'.

The Planning Commission recommended approval of the street waiver requests. In making this recommendation, they considered that reducing the pavement width of streets as proposed would provide several benefits including a reduction of impervious cover, less storm water runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety, and a reduction in construction costs.

Mr. DePrima indicated that by reducing the 50' road right-of-way width, the developer has agreed to an additional 10' utility easement.

The committee recommended approval of the requested street waivers for Maple Glen Subdivision, as recommended by the Planning Commission.

Mr. Weller moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and carried by a unanimous roll call vote (Mr. Gorman absent).

Electric Substation Fiber Optic Electronics

The City of Dover continues to move forward in the installation of fiber optic wire for the City’s electric utility and computer operations. Over the past year, fiber has been installed along an existing transmission loop on poles, which has connected all substations, including the SCADA systems. Fiber has been placed through all City buildings and both fire stations. All of these buildings have drops that will provide several types of communications among City buildings, beginning with computer operations and eventually other communications such as voice, video, etc. The additional available fiber may be leased to other users, which has been observed in other electric utilities and cities.

Electronics are now needed to utilize the fiber loop for SCADA and substation communications. After researching the products available to electric utilities, it has been concluded that the IMUX 2000 T1 multiplexer is best suited for substation uses. This communication system has been designed specifically for SCADA and substation applications. The system is manufactured by RFL electronics, the first to develop substation hardened T1 multiplexers providing excellent communications for voice, video, SCADA, and protective relaying.

The installation of the T1 multiplexers at each substation will coordinate with the new System Operations Center and SCADA Master Station Upgrade. Each substation RTU (Remote Terminal Unit for SCADA), substation telephone and line relaying equipment will utilize the electronics for communications to the System Operations Center as well as between all substations.

Rumsey Electric is the sole representative in our area for the manufacturer and was solicited for materials and engineering assistance, and quotes for electronics items as follows:

Total Cost

                          Electric Administration                                         $ 13,900

                          Substations (14)                                                     147,392

                          McKee Run                                                            11,004

                          Spare Parts                                                             6,896

                          Total Purchase                                                      $179,192

Funding for this purchase is available through the City 2000-01 budget for the Improvement and Extension Fund. Staff recommended awarding the bid for the required electronics from Rumsey Electric (RFL Factor Representative) in the amount of $179,192.

The committee recommended approval of staff’s recommendation.

Mr. Weller moved to award the bid for the required electronics from Rumsey Electric in the amount of $179,192 as recommended by the committee. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Gorman absent).

Bid - DDH-75-T Cable Puller and ATCC-111 Adapter Kit

The City’s current cable puller has repeatedly failed during cable installations resulting in work stoppages and is also underrated for pulling larger cable sizes. It was staff’s feeling that a new cable puller should be purchased that would be versatile enough to pull a wide variety of cables, have auto level wind, and control for improved operator safety.

A new cable puller would be utilized for large cable pulls and the existing puller for smaller jobs. This would allow the installation of all conductors and cables up to and including 750 MCM and fiber optic cable. It would also allow two cable pulling crews to work concurrently, optimizing time, equipment, and manpower. Bids were solicited for the purchase of a DDH-75-T Cable Puller and ATCC-111 Adapter Kit, with the low bid received from Atlantic Southern Associates in the amount of $41,500.

Staff recommended awarding the bid to Atlantic Southern Associates in the amount of $41,500 for the purchase of a DDH-75-T Cable Puller and ATCC-111 Adapter Kit.

The committee recommended approval of staff’s recommendation.

Mr. Weller moved for approval of the committee’s recommendation to award the bid for the purchase of a DDH-75-T Cable Puller and ATCC-111 Adapter Kit to Atlantic Southern Associates in the amount of $41,500. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Gorman absent).

Bid - State Street Water Line Concrete Work

The South State Street water main upgrade, located between Water Street and the YMCA, is near completion. Mr. O’Connor advised members that the State of Delaware is responsible for paving the road after the City’s water main work is complete and has requested that the City complete the project as soon as possible. Although the water main work is expected to be complete within 10 - 14 days, there is an extensive amount of concrete work that would need to be completed prior to the milling and paving operations by DelDOT’s contractor.

The City of Dover’s concrete contractors are Coker Concrete, Inc. and Crystal Concrete, Inc. They are currently working on the City’s concrete program downtown and are unable to accept an additional project at this time. Therefore, staff contacted other contractors and a site meeting was conducted to review the scope of work. Only one (1) contractor submitted a bid, Alessio Azzaria, Inc. in the amount of $50,639.

In receiving the bid, it was determined that the unit prices were either comparable to or less than the current concrete contracts. The Public Works Department requested permission to award a contract under emergency work and issue a purchase order to Alessio Azzaria, Inc. on July 14, 2000 in order for work to begin on July 18, 2000. Mr. O’Connor advised members that since there was an immediate need for the work to be accomplished, he authorized approval of the contract with Alessio Azzaria, Inc. At this time, staff recommended ratification and approval of the bid from Alessio Azzaria, Inc., in the amount of $50,639, for emergency concrete work.

The committee recommended approval of staff’s recommendation.

Mr. Weller moved for ratification and approval of the bid from Alessio Azzaria, Inc., in the amount of $50,639, for emergency concrete work, as recommended by the committee. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Gorman absent).

Mr. Weller moved for acceptance of the Utility Committee Report, seconded by Mrs. Malone and unanimously carried.

MONTHLY REPORTS - JULY 2000

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

            Chief of Police Report

Planning and Inspections Report

City Assessor Report

City Clerk/Alderman Report (Fines)

            City Manager's Report

            Mayor's Report

General Fund, Cash Receipts & Budget Report

Water/Sewer Fund, Revenue & Budget Report

Electric Revenue Fund, Revenue & Budget Report

            Improvement and Extension Fund, Cash Receipts & Budget Report

            Internal Service Fund, Revenue & Budget Report

FIRST READING - PROPOSED ORDINANCES

Mrs. Malone moved to waive the reading of the proposed ordinances before Council, seconded by Mr. Truitt 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 September 11, 2000.

Mrs. Malone moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Truitt and unanimously carried:

            ►    ARTICLE X - DEFERRED COMPENSATION PLAN

                  Section 2-211 - Definitions

                  Section 2-212 - Plan Established; Purpose

                  Section 2-214 - Contributions, Paragraph (a) - Employee Contributions and Paragraph (b) - Employer Contributions

FINAL READING - PROPOSED ORDINANCES

The First Reading of the following proposed ordinances was accomplished during the Council Meeting of August 14, 2000.

Mr. Carey moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.

Chapter 14 - Offenses-Miscellaneous, Section 14-3.5 - False Alarms to police, Subsection (c) - Violation; Penalty

Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Gorman absent):

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That Chapter 14 - Offenses-Miscellaneous, Section 14-3.5 - False Alarms to Police, of the Dover Code be amended by deleting subsection (c) in its entirety and inserting in lieu thereof the following:

            (c)       Violation; penalty. When there is a false alarm signal eliciting notification to and a response by the City of Dover Police Department when a situation requiring a response by the police does not in fact exist, but is in fact negligently caused by the alarm user, then the alarm user shall be fined twenty-five dollars ($25.00) for each false alarm transmitted during the calendar year. Effective October 1, 2000, an alarm user is permitted to have two (2) false alarms every calendar year. Thereafter, the following fees shall be initiated:

                        Number of False Alarms                    Amount of Fine Per False Alarm

                                      3 - 5                                                               $25

                                      6 - 9                                                               $50

                                    10 - 15                                                            $100

                                    16 & over                                                       $150

Such fines shall be paid directly to the City of Dover Police Department within thirty (30) days.

ADOPTED:    August 28, 2000

Chapter 21 - Trees and Other Vegetation, Section 21-1 - Municipal Tree Ordinance, Section 21-17 - Maximum Height, and Section