LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on October 22, 2007, at 6:02 p.m. with Chairman Slavin presiding. Members present were Mr. Salters, Mr. McGlumphy, Mrs. Jones and Mr. Shevock. Members of Council present were Mr. McGiffin, Mr. Hogan, Mr. Ruane, and Mayor Carey.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried.
Review of 2005 Charter Review Committee Recommendations - Article I. General Provisions
During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007.
Mrs. McDowell, City Clerk, provided members with copies of the current City Charter, the Model City Charter, and an amendment to the section of the Charter related to annexations, as recommended by staff.
As a result of their previous meeting, Mr. Slavin reminded members that members will review the recommendations of the 2005 Charter Review Committee and formulate recommendations for City Council. As scheduled, members considered the recommendations to Article I - General Provisions, of the Dover Charter, as follows:
Preamble
Mr. Slavin reminded members that during their meeting of October 8, 2007, Mr. Ruane had suggested that the recommendation of “Mayor-Council government” in the first sentence of the Preamble be amended to “Council-Manager government”.
Mr. Salters moved to recommend that the Preamble be amended to reflect “Council-Manager government”. The motion was seconded by Mr. Shevock and unanimously carried.
Article I, In General (Article I, Powers of the City)
Mr. McGlumphy moved to recommend that the Model City Charter be used for the title of Article I, which will read “Article I, Powers of the City”, seconded by Mrs. Jones and unanimously carried.
Section 3, City Charter - Enumeration of Power Not Exclusive; Manner of Exercise of Powers; (Section 1.01, Model City Charter - Powers of the City)
Mr. McGlumphy moved to recommend that Section 3 be replaced with Section 1.01, as stated in the Model City Charter. The motion was seconded by Mr. Salters and unanimously carried.
Section 1.02, Model City Charter - Construction
Mr. Salters moved to recommend acceptance of Section 1.02, as recommended by the 2005 Charter Review Committee, seconded by Mr. McGlumphy and unanimously carried.
Section 1.03, Model City Charter - Intergovernmental Relations
Mr. Salters moved to recommend acceptance of Section 1.03, as recommended by the 2005 Charter Review Committee, seconded by Mr. McGlumphy and unanimously carried.
Section 1 - Municipal Corporation Continued; Boundaries and 1A - Procedure to Extend Boundaries, City Charter
As directed by the 2005 Charter Review Committee, the City Clerk and City Planner submitted a recommended amendment for annexations (Attachment #1). For their reference, Mrs. Townshend, Director of Planning and Inspections, also provided members with copies of the State Code as it pertains to municipal annexation. She advised members that staff reviewed other municipalities in the development of the proposed amendment. Mrs. Townshend explained the various issues with the current annexation requirements, including the assignment of the zoning classification, which occurs after the annexation of property occurs. She stated that there have been situations when the zoning classification has not been desired by the applicant requesting annexation; however, since the annexation occurs prior to the zoning, this can cause a dilemma. Mrs. Townshend also questioned the necessity of requiring a property owner to actually vote for annexation, when they have applied for annexation.
Staff recommended that the City Charter reference Title 22 of the Delaware Code for annexation. This would eliminate the need to amend the Charter should there be a change to the State Code. Concurring with Mr. Ruane, Mrs. Townshend stated that Title 22 provides very clear guidance for annexations, explaining that annexations must be consistent with the Comprehensive Plan, which is very prescriptive for annexations. She explained that staff would have procedures for processing annexations. If there was a need for additional requirements, she suggested that they could be accomplished through an ordinance rather than Charter, which would allow amendments without the need for State legislature approval.
Mr. Salters moved to recommend that the City abide by the Delaware Code pertaining to annexations and that any procedural matters will be addressed by ordinance, as recommended by staff. The motion was seconded by Mr. McGlumphy.
Mr. Salters moved to amend the motion to include that Section 1A read as follows: “The City Council shall have the authority to annex any parcel(s) contiguous to the City by complying with the provisions of Title 22, Chapter 1, of the Delaware Code”. The motion was seconded by Mr. McGlumphy and unanimously carried.
The motion to recommend that the City abide by the Delaware Code pertaining to annexations by recommending that Section 1A read as follows: “The City Council shall have the authority to annex any parcel(s) contiguous to the City by complying with the provisions of Title 22, Chapter 1, of the Delaware Code” and that any procedural matters will be addressed by ordinance was unanimously carried.
Section 2, City Charter - Status, General Corporate Powers, Specific Provisions for Condemnation of Property
Mr. Ruane advised members that the Delaware Code is specific to the powers and provisions for condemnation of property. Mr. DePrima relayed concern with requiring 3/4 vote of Council on issues other than those required by State law.
For clarification, Mr. DePrima noted that the first paragraph of Section 2 involves additional authorizations other than condemnation and felt that the 2005 Charter Review Committee had maintained that paragraph to assure that those issues are addressed.
Mr. Salters moved to recommend acceptance of Section 2 of the City Charter, seconded by Mr. McGlumphy and unanimously carried.
Section 3, City Charter - Enumeration of Power Not Exclusive; Manner of Exercise of Powers
Mr. Slavin noted that members had addressed this recommendation previously during the meeting and that no further action is necessary.
Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendations in accordance with the schedule adopted.
Authorization to Purchase - Fire Department Telephone and Voice Recorder
Members were advised that the Fire Department’s current telephone system is outdated and lacks dependability for emergency communication operations. The City purchased a new phone system during the fiscal year 2005/06 budget, and at that time, phones for the Fire Department were included in the purchase. However, after having a meeting with MTM Technologies and the Information Technology (IT) Department, the Fire Chief concluded that the system was not 100% reliable for 911 operations. Other items were identified that would be needed to make the Fire Department’s new phone system 100% reliable, which included extra phone lines, computer equipment and software needed from MTM Technologies totaling $26,583. In addition, a new recorder system would also be required at a cost of $26,485 from Collins Business Systems, the City’s current vendor. Both vendors were awarded earlier contracts for their equipment and services and are recommended for these extensions.
Staff recommended approval of an expenditure in the amount of $26,583 to MTM Technologies for Fire Station #1 Unified Communications Project upgrade, and $26, 485 to Collins Business Systems for VoIP and Radio Recording Equipment.
Mr. Salters moved to recommend approval of staff’s recommendation, seconded by Mrs. Jones and unanimously carried.
Title V Grant - Criminal Justice Coordinating Council - Office of Juvenile Justice and Delinquency Prevention (OJJDP)
During the Regular Council Meeting of July 23, 2007, City Council authorized staff to apply for the Criminal Justice Coordinating Council - Office of Juvenile Justice and Delinquency Prevention (OJJDP) Title V Grant in partnership with Aid in Dover, Inc. It was requested that, if approved, the grant budget be submitted to the committee for their review. As requested, members were provided the grant budget. Mr. Slavin noted that this matter is slated to be considered by City Council during their meeting later in the evening.
Mr. Salters moved to recommend that the budget in the amount of $53,540 be expended to commence the grant program, seconded by Mrs. Jones and unanimously carried.
Mr. McGlumphy moved for adjournment, seconded by Mr. Salters and unanimously carried.
Meeting Adjourned at 6:51 P.M.
Respectfully submitted,
Timothy A. Slavin
Chairman
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S:ClerksOfficeAgendas&MinutesCommittee-Minutes200710-22-2007 LF&A.wpd
Attachments to Original Minutes and File Copy
Attachment #1 - Recommended Amendment for Annexations