REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 22, 1998 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Lambert was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez. Chief Carey was absent.
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 to speak during the Open Forum Segment.
The invocation was given by Reverend Holmes, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #2A, Report of Salary Review Committee. Mr. Weller moved for approval of the amended agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 8, 1998
The Minutes of the Regular Council Meeting of June 8, 1998 were unanimously approved by motion of Mr. Leary, seconded by Mr. Carey and bore the written approval of Mayor Hutchison.
PROPOSED RESOLUTION - MORRIS CORRECTIONAL FACILITY/KENT COUNTY WORK RELEASE CENTER
At the request of Mayor Hutchison, members of Council considered a Resolution regarding the proposed conversion of the Morris Correctional Facility into a work release center.
Mr. Leary moved for approval of the proposed Resolution, seconded by Mrs. Malone.
Mr. Truitt reiterated the many concerns that have been relayed since the Department of Corrections proposed to locate the work release center at the Morris Correctional Facility in Dover. If the proposed location was the only alternative available for the facility, he indicated that he would support the Resolution. However, it was his feeling that a better solution would be to locate the proposed work release center and to relocate the Morris Correctional Facility to the Smyrna Campus of the Department of Corrections.
Responding, Council President Christiansen reminded members that the property’s current zone allows the proposed work release center and that the process at this time is based on land use only. It was his feeling that the proposed Resolution would provide a voice from the City on behalf of our citizens, who have little or no voice in this process.
On a call for the question by Mr. Leary, the following Resolution was adopted by a unanimous roll call vote (Mr. Lambert was absent - It is noted that Mr. Truitt’s favorable vote was made “with reservations”):
WHEREAS, the State of Delaware, Department of Corrections, is proposing to convert the Morris Correctional Facility, located at West Water and South New Streets, into a 150-bed work release center; and
WHEREAS, the facility would be known as the Kent County Work Release Center, centrally located in the City of Dover, Delaware.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Dover feel that the safety of our citizens is a paramount consideration in this process and respectfully requests, on behalf of our citizens, that the following conditions be met before the Morris Correctional Facility is converted into a Work Release Center:
1. Only inmates with less than six (6) months to serve may be accepted into the Center.
2. No one who has ever been arrested or convicted of a violent crime may be accepted into the Center.
3. No one who has ever been arrested or convicted of a sex crime may be accepted into the Center.
4. An advisory board must be created to oversee this program.
5. The security fence will remain.
6. All work release inmates must be in the Center and accounted for by 7:00 p.m. Each night a report will be received by the Dover Police Department confirming the headcount.
7. Transportation - All inmates leaving the facility must have someone physically come and sign for that person and provide transportation. Absolutely no one will be walking or using public transportation.
8. Drug tests will be conducted each day to anyone who is out on the work release program.
9. The expansion of the facility to 150 beds will be the maximum use of this property. At no time will a request be made to expand this operation.
10. The State further agrees that there will be no attempts made to purchase another piece of property near this location in order to expand this operation.
ADOPTED: June 22, 1998
SALARY REVIEW COMMITTEE
Noting that Council employees are not a part of a bargaining unit, the Salary Review Committee reviews salary adjustments for those employees under the auspice of City Council. Mr. Leary reported that the Salary Review Committee met and recommended a 3% salary increase, effective July 1, 1998, for the City Assessor, Finance Director/Treasurer and Director of Planning/Inspections.
Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Lambert absent).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on June 8, 1998, with Chairman Salters presiding.
Proposed Ordinance - Code of Conduct/Ethics Commission
During the Council Meeting of February 23, 1998, members accepted the recommendation of the Legislative and Finance Committee related to the proposed Code of Conduct/Ethics Commission Ordinance for the City of Dover. Members were concerned with the recommendation of the Delaware State Public Integrity Commission to permit the Ethics Commission full authority in matters of discipline relative to ethics violations, feeling that it could be in conflict with our Employee Bargaining Agreements and the Police Bill of Rights relative to approved grievance procedures.
As a result of the above, the City Solicitor corresponded with the State Public Integrity Commission, requesting them to make an exception to permit the language in Section 2-15(D)(2) to remain as written. The City Solicitor met with the Delaware State Public Integrity Commission and agreed with their proposed suggestion, which will require our Ethics Commission to respect and follow our Charter, Ordinances, and existing Collective Bargaining Agreements and that they will not be violated by any disciplinary action taken by the Commission.
The State Public Integrity Commission suggested that Section 2-15(D)(2) be amended to read “With respect to a city employee, the Commission shall remove, suspend, demote or take other appropriate disciplinary action with respect to that person, without regard to any limits imposed by this Article but within the limits of the Constitution, the laws of the State of Delaware, the Charter of the City of Dover, and Ordinances and existing Collective Bargaining Agreements.”
It was noted that approval of the new proposed Code of Conduct/Ethics Commission Ordinance will require adoption of an ordinance that would eliminate Section 2-69, Prohibition of Conflict of Interest Policy, of the City Code.
The committee recommended adoption of the proposed ordinances.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinances will take place during the latter part of the meeting).
Mr. Salters moved for approval of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met with Mr. Weller reporting in the absence of Chairman Lambert.
Acceptance of Dedication of Rights-of-Way, Utilities and Public Open Space - Bay Tree Subdivision, Phase II
The developer of the Bay Tree Subdivision has requested that the streets, utilities and public open space be accepted for maintenance and ownership by the City of Dover. Staff provided members with a map depicting the general location and configuration of the subject rights-of-way. After construction was completed, City staff inspected the improvements and provided the developer with a list of repairs to be made to meet City of Dover Standards and Specifications for Public Works Construction. As of this date, all work has been completed. A one year maintenance agreement and bond, in addition to a release of liabilities, have been submitted to the Department of Public Works.
The committee recommended acceptance of the Bay Tree Subdivision Phase II with the following improvements:
Utilities
8" PVC Sanitary Sewer Main - 1382 linear feet
4" Diameter Sanitary Sewer Manholes - 7 each
8" Ductile Iron Pipe, Class 52 Water Main - 2100 linear feet
4" Ductile Iron Pipe, Class 52 Water Main - 120 linear feet
Fire Hydrants - 3 each
Roads
East Wind Drive - Station 3+50 to Station 11+40
Schooner Way - Station 0+00 to Station 5+69
Schooner Court - Station 0+00 to Station 0+98
Public Open Space - 0.00 acres in Phase II
Mr. Weller moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote.
Mr. Weller moved for approval of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
APPOINTMENT (RECOMMENDED BY MAYOR HUTCHISON)
Mayor Hutchison recommended the following appointment:
Dover Parking Authority - Five Year Term to Expire July 1, 2003
Diane Street (to replace the expired term of Jane Everett)
Mr. Leary moved for approval of the appointment as recommended by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Lambert absent).
RE-APPOINTMENTS (RECOMMENDED BY MAYOR HUTCHISON)
Mayor Hutchison recommended the following re-appointments:
Planning Commission - Three Year Terms to Expire June 1, 2001
Clarence Wallace Hicks - Fourth District
Ann M. Baker Horsey - Fourth District
John J. Friedman - At Large
Board of Adjustments - Three Year Terms to Expire July 1, 2001
Ruth Morris
K.C. Sheth
Dover MPO - Public Advisory Committee - Two Year Term to Expire July 1, 2000
John E. Richter
Historic District Commission - Three Year Term to Expire July 1, 2001
Julie K. Boozer (Resident Representative)
Mr. Leary moved for approval of the re-appointments as recommended by Mayor Hutchison, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Lambert absent).
MONTHLY REPORTS - MAY 1998
By motion of Mr. Pitts, seconded by Mrs. Malone, the following monthly reports were accepted by consent:
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
Responding to Mr. Weller, Chief Faulkner stated that there has been an 8.3% increase in the number of complaints received as compared to last year and that prior to this year, there was an approximate 7% increase each year. He noted, however, that complaints received are not necessarily criminal complaints and that this includes service calls, noise complaints, etc. Chief Faulkner stated that to his knowledge no particular area of Dover generates an overwhelming number of the complaints.
Referring to the Transportation Enhancement Grant Application information included in the Planning and Inspections Report, Mr. Leary questioned the status of the applications. Responding, Mr. DePrima stated that the Grant Review Committee will be meeting tomorrow to rank the projects and that the results will be included in next month’s report.
Regarding the West Walker Road Sidewalk and Bikeway Enhancement Project, Mr. DePrima stated that although it is indicated that there is no change from the last Planning and Inspections Report, the project continues to move forward. He stated that the design work should be complete within a month and it is anticipated that the project will be complete by the end of the year.
Mr. Salters moved for approval of the Chief of Police Report and the Planning and Inspections Report, seconded by Mrs. Malone and unanimously carried.
FIRST READING - PROPOSED ORDINANCES
Mr. Carey 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 July 13, 1998.
Mr. Carey moved for acknowledgment of the first reading of the following proposed ordinances, by title only, seconded by Mr. Leary and unanimously carried:
► Chapter 2, Article I, Division 4 - Code of Conduct and Division 5 - Ethics Commission
► Section 2-69, Prohibition of Conflict of Interest Policy
FINAL READING - PROPOSED BUDGET ORDINANCES
The First Reading of the following proposed ordinance was accomplished during the Council Meeting of June 8, 1998.
Budget Ordinances - Proposed 1998/99
Mr. Carey moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
Mr. Carey moved for adoption of the following ordinance, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Lambert absent):
GENERAL FUND - CASH RECEIPTS AND BUDGET FOR 1998/99
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Fifteen Million Six Hundred Sixty-One Thousand One Hundred Forty-Eight Dollars ($15,661,148) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 1998, and ending June 30, 1999:
Cash Receipt Estimates
1998/99
Items Budget
Prior Year Balance $ 1,278,762
Fines and Police Revenue 460,000
Franchise Fees 251,000
911 Fee 74,000
Interest Transfers & Earnings 290,000
Library Revenues 53,900
Kent County Book Reimbursement 264,786
Business Licenses 900,000
Permits and Other Licenses 382,000
Miscellaneous Charges 30,600
Police Extra Duty 124,000
Property Taxes 5,711,780
Recreation Revenue 76,500
Transfer Tax 700,000
Trash Fees 55,000
Grants:
Municipal Street Aid 560,820
Police Related 200,000
Bike/Pedestrian 48,000
Transfers from -
Water/Wastewater 225,000
Electric 3,975,000
FUND TOTALS $ 15,661,148
GENERAL FUND - CASH RECEIPTS AND BUDGET FOR 1998/99 (CONTINUED)
Expense Summary
1998/99
Department Expenses: Budget
Tax Assessor $ 111,516
Fire 581,628
Library 732,463
Recreation 365,550
Planning 94,014
Public Inspections