City Council of the City of New Castle

January 30, 2008

Special Council Meeting and Joint Workshop Meeting

with the Municipal Services Commission

6:30 p.m.

Present:

President of Council William Blest

Councilperson Donald Reese

Councilperson Janet Churchill

Councilperson Teel Petty

Councilperson John Gaworski, Jr.

Also Present:

City Administrator Cathryn Thomas, Finance/HR Director Marian Delaney

Mr. Robert Appleby, MSC Commissioner, provided an introduction concerning changes proposed for the MSC Charter. Mr. Chip Patterson spoke next, providing some details on the proposed changes. A summary of the changes includes:

Section 2. Board Elections and Appointments; Secretary and Treasurer

1. The Board, in April of each year, shall elect one of their number as President, and shall appoint a Secretary and a Treasurer, neither of whom need be a Commissioner.

2. The Treasurer of the Commission shall hold the funds of the Commission in one or more separate accounts at such banks and trust companies and upon such terms and conditions as the Board may by resolution from time to time prescribe, and shall pay the same out on orders signed by the President and Secretary. The Treasurer shall give such additional bond as the Board may require.

We need to make charter consistent as to Board and Commission throughout charter (section 2. says Board, section 3. says Commission). We need to decide if we should keep the Treasurer section.

Section 3. Commission Authority; Water, Light and Additional Systems; Board Authority

1. iv. Whenever the Commission shall deem it necessary or expedient to obtain private property either within the limits of the City of New Castle or without such limits to a distance not exceeding three miles for the purpose of constructing facilities for the supplying and distributing of water and shall advise the Council of the Mayor and council of New Castle, in writing, of the location, description and estimated fair value for which such property is deemed necessary or expedient, the said Council shall be empowered to acquire such property by agreement with the owner thereof or if such agreement cannot b reached, the said property or land may be acquired by condemnation proceedings as prescribed and fully set forth in Section 25 of an Act entitled “An Act Amending, Revising and Consolidating the Charter of the City of New Castle” being Chapter 216 of Volume 27, Laws of Delaware, and all Acts amendatory thereof and supplemental thereto for condemning and taking land for the purpose of laying out opening, extending or widening of any street, road, lane or alley in the City of New Castle.

Should this section be amended to say the City can condemn property within the City for electric purposes.

2. The Board shall appoint a superintendent and regulate his duties, and shall provide for such other employee as may from time to time be necessary, and shall fix the salary or pay of all employees.

Need to remove wording regarding superintendent.

5. The Commission shall have the power to borrow temporarily from time to time on the faith and credit of the City in order to provide for the expenses of maintenance, replacement and operation of the water and light system, as well as any Additional System that the Commission, in its discretion, chooses to manage and operate; but the Commission shall have no power to enlarge or extend the water and light system, plant mains, lines, or apparatus, or Additional System, except out of surplus earnings, without the authority and approval of the Council of the city first had and obtained.

This needs to be redefined.

Section 5. Quarterly Statement; Annual Statement and Report

3. The Commission, in July of each year, shall publish an annual statement and report for the benefit of the Citizens of the City of New Castle.

This should be amended to say the Commission shall publish an annual report.

Section 6. Superintendent

a The Board shall appoint a superintendent. The superintendent shall perform such services and duties upon such terms and conditions as the Board shall deem appropriate.

This section should be deleted.

That concludes the summary of proposed changes.

Councilperson Petty expressed concern over the provision which would allow the City to take action on behalf of the MSC and take property by condemnation proceedings for electric purposes. Mr. Patterson addressed Councilperson Petty’s concerns, noting that this would always be used as a process of last resort, and always would be a taking for public purposes.

The discussion was concluded and follow-up is proposed to be a Resolution at the next City Council meeting, that the City Council supports the charter changes being sought by the MSC.

Council members discussed appointments to an ad hoc committee to search for a new Public Services Director. The following persons were approved to serve on the committee:

Lewis Orchard Genevive Miller

Theodore Meggison Pasquale Marinelli

The meeting adjourned at 7:45 p.m.

Respectfully submitted,

Cathryn C. Thomas

City Administrator