Special City Council Meeting
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May 11, 2004 at 12:00 AM

SPECIAL COUNCIL MEETING

A Special Council Meeting was held on May 11, 2004 at 4:45 p.m. with Council President Williams presiding. Members of Council present were Mr. Carey, Mr. Pitts (departed at 6:02 p.m.), Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Mr. DePrima, and Mrs. Gardner.

Mr. Hogan moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.

COPS - Grant Application for School Resource Officer (Request of Capital School District) -Chief Horvath

Chief Horvath introduced Dr. Michael Thomas, Superintendent, and Dr. Tina Huff, Assistant Superintendent, Academic Services (Capital School District), Ms. Robin Case, (Department of Education), and Captain Raymond Sammons (Dover Police Department).

Chief Horvath reminded members that, Council approved increasing the authorized police strength to 85 officers in July 2003. On behalf of the Capital School District, he is now requesting permission to apply for a COPS (Community Oriented Policing Services) Grant that would financially assist the City of Dover in acquiring two (2) School Resource Officers. He explained that approximately one (1) year ago, he was approached by Dr. Thomas, who expressed concerns for the need of School Resource Officers. Chief Horvath informed members that Dover High School was one of the few remaining high schools in the State of Delaware without School Resource Officers. The second School Resource Officer would be assigned to Central Middle School.

School Resource Officers have proven to enhance the quality of life in schools for students, as well as the teachers. They foster a safe and secure environment for all those attending and visiting the school. The officer develops a positive relationship with the students, parents, faculty, and school administration. The officer provides resources in educational programs to help each student realize his or her potential. The function of the School Resource Officer is to collaborate on site with the school administration and staff to investigate crimes on school property, to incorporate crime prevention in the school curriculum, and to enhance communications with the community through the school setting. Chief Horvath distributed “Duties and Responsibilities - City of Dover School Resource Officer” (Exhibit #1).

Chief Horvath stated that the crimes occurring at Dover High School and Central Middle School are offensive touching, criminal mischief, disorderly conduct, fights, drugs, harassment, loitering, sex offenses, terroristic threatening, threats, trespassing, and weapons. There were 112 charges at Dover High School for the 2001/2002 school year and 48 at Central Middle School. During the 2002/2003 school year at Dover High School, the number of charges increased to 119 and the number of incidents at Central Middle increased to 88. Chief Horvath warned members not to be surprised if the number of incidents rise significantly after implementing a School Resource Officer in the schools. The officer there will find more crimes, witness more crimes, and will hear of more crimes due to the relationships they develop with the students.

Addressing budgetary concerns, Chief Horvath stated that the cost outweighs the risks, adding that “if it’s predictable, it’s preventable”. The Chief distributed the “Three-year Salary and Benefit Costs - Per Full-Time Position” (Exhibit #2). He explained that for the first year, the grant pays 85.1% of the salary and benefits, for a total of $51,500 (per officer). For the second year, the grant pays 61.5% of the salary and benefits, for a total of $41,500 (per officer). For the third and final year, the grant pays 43.1% of the salary and benefits, for a total of $32,000 (per officer). He stated that after the grant period expires, the City of Dover must retain the officers for a period of one (1) year. With the grant, the total cost for the City of Dover for two (2) officers would be $309,533 for four (4) years. He stated that funds generated from the Red Light Photo Enforcement Program could be applied toward the costs. He also indicated that the Capital School District could assist in the funding efforts. He advised members that since the grant is extremely competitive, the City’s application may not be approved.

Responding to Mr. Ritter, Chief Horvath stated that D.A.R.E. officers work primarily with fifth graders and not on a full-time basis. Mr. Pitts stated that he visits Dover High School and Central Middle School often and can attest to the problems being encountered; however, he does not agree with having police officers in the school.

Mr. Ruane stated that in the Caesar Rodney School District, the School Resource Officer is being funded by a Drug Free grant and a State Comprehensive School Discipline grant, with the difference being paid strictly by the School District. Concerned with the City’s budget, Mr. Ruane questioned the funds needed for uniforms, equipment, and vehicles. Responding, Chief Horvath stated that the grant does not cover costs for uniforms and guns. The estimated costs for those expenses is approximately $6,000 per officer. No additional vehicles will be purchased for these two positions.

Mr. DePrima stated that he has taken a conservative approach for the use of the Red Light Photo Enforcement funds and the future of the funding is unknown.

Mr. Slavin expressed the need for having the School Resource Officers placed in the Capital School District. He stated that, as the population growth increases in the City, so does the need for public safety. He feels confident that the City and the Capital School District could develop a partnership to resolve the funding issues.

Responding to Mr. Hogan, Chief Horvath stated that, if the grant is approved, the hiring of the police officers would depend on when the Federal Government releases the funds. Mr. Hogan commended the D.A.R.E. program and stated that he supports this type of service in public schools.

Dr. Thomas indicated that the District was not prepared to allocate funding to assist with the hiring of the School Resource Officers, however, in the immediate future, he will investigate ways to incorporate funding resources in their budget.

Responding to Mr. Ritter, Chief Horvath stated that the Capitol Police are currently short manned and closes at 5:00 p.m. on weekdays and is closed on weekends. They only police state buildings, which does not include schools.

Mr. DePrima suggested that the City of Dover and the Capital School District enter into a Memorandum of Understanding regarding the future funding for the new officers. Mr. DePrima indicated that funds currently being spent for the two security officers at Dover High School could be redirected towards the two (2) proposed School Resource Officers.

Referring to the Memorandum of Understanding, which was included in the COPS in Schools 2004 Application Forms, Mr. Ruane indicated he would feel more comfortable voting on this matter when the funding blanks were filled in.

After much discussion, members spoke of recessing the meeting and reconvening on May 12, 2004 at 6:00 p.m. (prior to their Special Meeting). Due to his work schedule, Mr. Hogan expressed difficulty in being able to attend the May 12, 2004 Special Council Meeting.

Mr. Carey moved to defer action on the request for two (2) School Resource Officers until the May 12, 2004 Special Council Meeting, to afford time for Mr. DePrima and Dr. Thomas to meet and develop a cost sharing plan, and to recess the meeting until 6:00 p.m. on May 12, 2004. The motion was seconded by Mr. Ruane and carried with eight (8) yes and one (1) no (Mr. Hogan).

Meeting Recessed at 6:17 P.M.

Mr. Carey moved to reconvene the meeting of May 11, 2004 for a time period of 15 minutes to complete unfinished business, seconded by Mr. Hogan and unanimously carried.

Meeting Reconvened at 6:00 P.M. - May 12, 2004.

COPS - Grant Application for School Resource Officer (Request of Capital School District) - Chief Horvath

Mr. DePrima provided members with a Retention Agreement Between the City of Dover and the Capital School District (Exhibit #3), a Memorandum of Understanding (Exhibit #4), and 2004 Budget Information (Exhibit #5) which includes an additional Section K - Funding Commitment.

Mr. DePrima explained that for the next fiscal year, the City of Dover would pick up 100% of the salary and benefit costs for the two (2) School Resource Officers. For the second and third year, the City of Dover and the Capital School District would split the local match. The proposal for the fourth year is that the City of Dover would contribute 25% of the match and the Capital School District would contribute the remaining 75%. The future years would need to be re-negotiated. Mr. DePrima stated that it was important to note that the grant specifies that the School Resource Officers must spend a minimum of 75% of their time in the schools, which means 25% of their time could be spent, if necessary, doing other types of law enforcement in other areas. This agreement would allow the school district time to adjust their budget (for their 75% contribution) for the end years of the agreement.

Responding to Mr. Salters, Chief Horvath indicated that he believes the partnership with the Capital School District would continue past the fourth year.

Mr. Carey moved to approve the revised Memorandum of Understanding, as presented, pending approval of the grant, seconded by Mr. Hogan and carried with one (1) no (Mr. Ruane).

Mr. Ruane commended the City Manager for successfully working out an agreement, however, he is unsatisfied with the end result. He indicated that he received phone calls from residents in his district that believe it is unfair that their City of Dover tax dollars are funding these School Resource Officers for the Capital School District when their children are in the Caesar Rodney School District. He voiced his concerns regarding the impact it may have on the City’s budget.

Responding to Mr. Pitts, Chief Horvath indicated that he does not foresee the specifications and/or guidelines in the federal grant being amended.

Mr. Carey moved to authorize the City of Dover Police Department to apply for the COPS in School 2004 Grant, seconded by Mr. Salters, and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Ruane).

Mr. Carey moved for adjournment, seconded by Mr. Salters, and unanimously carried.

Meeting Adjourned at 6:14 P.M.

                                                                                    LISA C. GARDNER

                                                                                    SECRETARY

All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of May 11, 2004 (continued on May 12, 2004), are hereby approved.

                                                                                    STEPHEN R. SPEED

                                                                                    MAYOR

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Exhibits Attached to Original Minutes and File Copy

Exhibit #1 - Duties and Responsibilities - School Resource Officer

Exhibit #2 - Three-year Salary and Benefit Costs - Per Full-Time Position

Exhibit #3 - Retention Agreement Between City of Dover and the Capital School District

Exhibit #4 - Memorandum of Understanding

Exhibit #5 - 2004 Budget Information

Agendas