ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 12, 2003 at 7:30 p.m. with Mayor Hutchison presiding. Council members present were Council President Carey, Mr. McGlumphy, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Jorgenson, Fire Chief Bashista, Mrs. Green, Mr. Rodriguez, and Mr. DePrima.
The invocation was given by Reverend W. Leroy Jones, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Speed moved for approval of the agenda, seconded by Mr. Salters and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 28, 2003
The Minutes of the Regular Council Meeting of April 28, 2003 were unanimously approved by motion of Mr. Speed, seconded by Mr. Salters and bore the written approval of Mayor Hutchison.
OATHS OF OFFICE - CITY COUNCIL
The Honorable Henry DuPont Ridgely, President Judge of the Superior Court, administered the Oath of Office to members of City Council, as follows:
At-Large - Carleton E. Carey, Sr.
First District - Stephen R. Speed
Second District - Eugene B. Ruane
Third District - Robert G. Ritter, Jr.
Fourth District - Reuben Salters
RECESS
Mr. Salters moved to recess to allow for photographs of the Mayor and members of City Council, seconded by Mr. Speed and unanimously carried.
Meeting recessed at 7:44 p.m. and reconvened at 7:54 p.m.
STATE OF THE CITY MESSAGE - MAYOR JAMES L. HUTCHISON
Mayor James L. Hutchison presented the State of the City Message (Exhibit #1) and gave a Power Point presentation with the assistance of the City Manager, Finance Director/Treasurer, and City Planner.
SAFETY ADVISORY COMMITTEE - APRIL 28, 2003
The Safety Advisory Committee met on April 28, 2003 with Chairman Truitt presiding.
SECURITY SYSTEMS
City Hall Building (Mayor)
Mayor Hutchison relayed concerns regarding the safety of City employees. He requested that members direct staff to assess the security needs for City Hall and report back to the committee with recommendations. Responding to Mr. Speed, Mayor Hutchison clarified that City Hall would not be the only building assessed.
Public Works (Council President Carey)
Council President Carey relayed concerns regarding safety issues involving our utility systems. He requested that members direct staff to revisit the water and electric systems and provide recommendations for ensuring that those areas are secure.
Mr. Truitt advised members that as a result of this meeting, staff will be assessing the safety needs and estimated costs involved for both the buildings and utility systems for a report back to the committee.
Mrs. Williams moved for acceptance of the Safety Advisory Committee Report, seconded by Mr. Salters and unanimously carried.
UTILITY COMMITTEE REPORT - APRIL 28, 2003
The Utility Committee met on April 28, 2003 with Chairman Ruane presiding.
Request for Dedication - Corporal David B. Pulling Walkway
Members considered the request of Mr. Richard C. Pulling, Sr. for the City to dedicate the walkway connecting Woodcrest Drive with the Dover High School property to his son, Corporal David B. Pulling. Corporal Pulling was a Delaware State Trooper who was killed in the line of duty on November 18, 1987. The dedication would be to honor his memory as a Trooper and graduate of Dover High School. It was noted that Corporal Pulling was the first Trooper who graduated from Dover High School to be killed in the line of duty.
Mr. Jorgenson, City Planner, informed members that the request was favorably reviewed by the applicable Development Advisory Committee members and staff strongly recommended support of the request.
The committee recommended approval of the request of Mr. Richard C. Pulling to dedicate the walkway connecting Woodcrest Drive with the Dover High School property as the David B. Pulling Memorial Walkway, as recommended by staff.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.
Mayor Hutchison recognized Mr. and Mrs. Richard Pulling and indicated that a dedication ceremony will be scheduled upon completion of the signage for its erection.
Street Width Waiver Requests
During the committee meeting, members questioned if staff had considered modifying the requirements in order to reduce the requests for waivers and suggested that the section of the Code requiring Council approval for street width waivers be amended to allow for administrative approval. Mr. Ruane stated that, as Chairman of the Utility Committee, he would entertain an opportunity for such a change to be brought forward. Mr. Ritter concurred that staff should present Code amendments for consideration.
Mr. Jorgenson, City Planner, advised members that approximately one year ago, the Metropolitan Planning Organization (MPO) conducted a study which established recommendations for new road width standards. He noted that there are varying opinions on what the minimum requirements should be. The industry standard is 12 feet for a minimum lane width, along with 8 feet providing parking along the road. Mr. Jorgenson reminded members of the benefits of narrowing roadway widths, such as slowing vehicular traffic. Each of the three (3) proposed developments want to reduce their width from 38 feet to 32 feet to 24 feet with the vast majority of the road segments within the developments being 32 feet.
Creekside Subdivision
The applicant of Creekside Subdivision has formally requested a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of 38 feet to permit a pavement width of 32 feet for certain streets in the subdivision. The Plan proposes to maintain the minimum right of way width of 60 feet throughout the subdivision. The main entrance road will remain at the 38 feet paved width.
The Planning Commission recommended approval of the waiver as requested. In formulating this recommendation, the Commission considered the following points: Reducing the pavement width of streets as proposed provides several benefits, including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety and reduced construction costs. Reducing the design speed on low volume local residential streets is usually seen as desirable for the community. Reduced pavement width also equates to reduced maintenance costs. Maintenance costs are a concern as the proposed streets are to be dedicated as public streets with the City of Dover ultimately responsible for long term maintenance.
The committee recommended approval of the requested street waivers for the Creekside Subdivision, as recommended by the Planning Commission.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Salters).
Patriot Village
The applicant of Patriot Village Subdivision has formally requested a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of 38 feet to permit a pavement width of 32 feet for certain streets in the subdivision. The Plan proposes to maintain the minimum right of way width of 60 feet throughout the subdivision.
The Planning Commission recommended approval of the waiver as requested. In formulating this recommendation, the Commission considered the following points: Reducing the pavement width of streets as proposed provides several benefits including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety, and reduced construction costs. Reducing the design speed on low volume local residential streets is usually seen as desirable for the community. Reduced pavement width also equates to reduced maintenance costs. Maintenance costs are a concern as the proposed streets are to be dedicated as public streets with the City of Dover ultimately responsible for long term maintenance.
The committee recommended approval of the requested street waivers for the Patriot Village Subdivision, as recommended by the Planning Commission.
Mr. Ruane moved to recommend approval of the committee’s recommendation, seconded by Mr. Speed and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Salters).
Rojan Meadows Planned Neighborhood Design
The applicant of Rojan Meadows has formally requested a waiver from the City of Dover Subdivision Street Design Requirements set forth in the Land Subdivision Regulations (Dover Code, Appendix A, Article VI, Section A). Specifically, the applicant has requested a waiver from the minimum street pavement width requirement of 38 feet to permit a pavement width of 32 feet for certain streets in the subdivision and a pavement width of 24 feet for a portion of one street. The portion of Rojan Way from North Little Creek Road to Fairfax Lane is proposed to have a paved width of 24 feet. The Plan proposes to maintain the minimum right of way width of 60 feet throughout the subdivision.
The Planning Commission recommended approval of the waiver as requested. In formulating this recommendation, the Commission considered the following points: Reducing the pavement width of streets as proposed provides several benefits including reduced impervious cover, less stormwater runoff, reduction in design speed and resultant travel speeds, increased pedestrian safety and reduced construction costs. Reducing the design speed on low volume local residential streets is usually seen as desirable for the community. Reduced pavement width also equates to reduced maintenance costs. Maintenance costs are a concern as the proposed streets are to be dedicated as public streets with the City of Dover ultimately responsible for long term maintenance.
It was noted that the 24-foot paved width on the portion of Rojan Way from North Little Creek Road to Fairfax Lane was being requested in response to the adjacent property owners in order to ensure off-street parking.
The committee recommended approval of the requested street waivers for the Rojan Meadows Subdivision, as recommended by the Planning Commission.
Mr. Ruane moved for approval of the committee’s recommendation, seconded by Mr. Speed and carried by a roll call vote of eight (8) yes, one (1) no (Mr. Salters).
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Speed and unanimously carried.
LEGISLATIVE AND FINANCE COMMITTEE REPORT - APRIL 28, 2003
The Legislative and Finance Committee met on April 28, 2003 with Chairman Salters presiding.
Presentation/discussion - Post Retirement Benefits And Pension Liability (Mr. Al Pike)
The City’s Actuary, Mr. Al Pike of Pike Associates, presented members with information regarding Post Retirement Benefits and Pension Liability for the City of Dover. Mr. Pike stated that most public and private sector pension plans have been adversely impacted by the stock market. For the Employees Pension Plan, he expects that there will be significant investment losses and a need to revise retirement assumptions, resulting in increased costs. Mr. Pike stated that costs decreased in the Police Pension Plan and the State’s contributions significantly offset the loss from investments; however, he anticipates significant investment losses.
Mr. Pike noted that all retirees are granted full medical coverage from the City and that the City pays 100% of the medical coverage for employees and 75% for dependents. The Government Accounting Standards Board (GASB) is of the opinion that the City should recognize those cost as pre-funded over the length of employment. Mr. Pike suggested that the only way to reduce costs would be to make the benefit package less attractive in order to reduce participation.
The committee recommended acceptance of the Post Retirement Benefits and Pension Liability Report.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy and unanimously carried.
Audit Contract
The City awards independent audit services through the Request for Proposals (RFP) process. The current audit service contract ended with the June 30, 2002 audit. Due to the implementation of GASB 34 – Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments, the GASB consultant has recommended that we retain our current auditor until we have completed the implementation. Faw Casson & Company, LLP has performed the City’s audit since July 1, 1985 and has a thorough understanding of our current accounting records and procedures.
Staff recommended extending the audit services contract with Faw Casson & Company, LLP for one-year at a cost of $37,650. Requests for proposals will be solicited for subsequent years.
The committee recommended approval of staff’s recommendation.
Mr. Salters moved to authorize staff to extend the audit services contract with Faw Casson & Company, LLP for one-year at a cost of $37,650, with proposals solicited for subsequent years, as recommended by the committee. The motion was seconded by Mr. McGlumphy and carried by a unanimous roll call vote.
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Williams and unanimously carried.
SPECIAL LEGISLATIVE AND FINANCE COMMITTEE REPORT - MAY 2, 2003
A Special Legislative and Finance Committee Meeting was held on May 2, 2003 with Chairman Salters presiding.
Proposed Resolution - Request to General Assembly to Amend §2901(7) And §2903 Title 25 - Increase The Length of Time That Certain Liens Are Effective From Three (3) Years to Ten (10) Years
During the Regular Council Meeting of February 10, 2003, members directed staff to pursue a change in legislation that would provide for a ten (10) year payment period for City liens by extending the lien period up to ten (10) years. As a result, Deputy City Solicitor Pepper prepared proposed legislation and a Resolution requesting the General Assembly to amend 25 Del. C. §2901(7) and §2903 to increase the length of time that certain liens are effective from three (3) years to ten (10) years.
The committee recommended adoption of the Resolution.
By motion of Mr. Salters, seconded by Mr. McGlumphy, Council adopted the following Resolution, by a unanimous roll call vote:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the General Assembly of the State of Delaware is hereby requested to amend 25 Del. C. §2901 (7) and §2903 increase the length of time that certain liens are effective from three (3) years to ten (10) years.
ADOPTED: MAY 12, 2003
2003 Community Development Block Grant (Cdbg) Action Plan And Proposed Resolution
During the committee meeting of April 28, 2003, members tabled consideration of the 2003 Community Development Block Grant (CDBG) Action Plan and Proposed Resolution. Members were provided with a proposed Resolution for the approval of the CDBG 2003 Action Plan. The Action Plan includes the City’s request for a $336,000 CDBG Entitlement and is a required HUD document that establishes a one year strategy for the CDBG program. The goals established by the proposed plan are as follows, in order of priority:
1) Provide safe and livable neighborhoods.
2) Preserve the existing housing stock in the City of Dover.
3) Provide decent and safe neighborhoods.
4) Increase the livability of our neighborhoods.
5) Provide aid to the homeless and special needs persons.
The Community Block Grant Advisory Committee reviewed proposals for funding and recommended the following activities for fiscal year 2003:
Dover Police Department Community Policing Program - $20,000
CDBG Program Administration - $67,200
Fair Housing Counseling - $600
Target Area Housing Rehabilitation and Infrastructure - $168,200
Microenterprise Assistance Program (Main Street Dover, Inc.) - $30,000
Suitable Living Environment (House of Pride) - $25,000
Aid in Dover - $25,000
TOTAL - $336,000
Members were advised that the programs and funding levels have been reviewed and it is felt that the funding levels reflect a realistic and well-balanced approach to achieving the goals and objectives of the City of Dover 2000-2004 Consolidated Plan. Members were provided a brief description of each activity.
City Clerk’s Office Note: During the committee meeting, Mrs. Williams excused herself from the Council Chambers during the discussion of the request for Aid in Dover in order to avoid any conflict of interest.
During the committee meeting, there was much discussion regarding each of the proposals. There were some concerns regarding the Microenterprise Assistance Program and it was suggested that members be provided a breakdown of the expenses reported. Members had also requested that staff provide a summary statement of all carry forward projects of the CDBG Program for previous fiscal years, to include “frozen” monies.
The committee recommended approval of the FY 2003 CDBG Action Plan in the amount of $336,000 and adoption of the proposed Resolution.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. McGlumphy.
Alluding to the Target Area Housing Rehabilitation and Infrastructure proposal, Mr. Ruane stated that infrastructure relates to the improvements to streets and sidewalks in the designated area. He reminded members that it was noted during the committee meeting that there would be a short-fall, in the amount of approximately $59,300, as a result of the allocations of the CDBG. Mr. DePrima had indicated at that time, that there are sufficient funds to carry forward from a project to compensate the short-fall.
Mr. Ruane referred to the request for a summary statement of all carry forward projects of the CDBG Program for previous fiscal years, to include “frozen” monies. He relayed appreciation to the City Planner for providing members this information and noted that depending on the discussions with HUD officials, there may be some carry forward amounts and the possibility of a requirement for an amendment for previous years. Mr. Ruane requested that the City Planner provide members a summary of the meeting with HUD officials scheduled for May 15, 2003. He advised members that his favorable vote for approval of the 2003 CDBG Action Plan and Resolution is with the understanding that members will further consider the disbursement of monies that were previously approved and not used.
The motion for approval of the FY 2003 CDBG Action Plan in the amount of $336,000 and adoption of the following Resolution was carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter), and one (1) abstention (Mrs. Williams).
WHEREAS, the City of Dover is entitled to $336,000 through the United States Department of Housing and Urban Development's Community Development Block Grant Program; and
WHEREAS, the City of Dover has prepared the 2003 Community Development Block Grant Action Plan, in accordance with United States Department of Housing and Urban Development guidelines, that serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for community development purposes in accordance with the National Community Development objectives of benefitting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development required the City of Dover to submit Consolidated Plan, and an Action Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $336,000 entitlement; and
WHEREAS, the City of Dover has prepared the attached Application for Federal Assistance, and presented it at an advertised public hearing held on April 17, 2003.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER approve the 2003 Community Development Block Grant Action Plan, and application for Federal Assistance included in the Action Plan along with certifications, and policies attached and authorize its forwarding to the United States Department of Urban Development for consideration.
ADOPTED: May 12, 2003
Mr. Salters moved for acceptance of the Special Legislative and Finance Committee Report, seconded by Mr. McGlumphy and unanimously carried.
SPECIAL PARKS AND RECREATION COMMITTEE - OPEN SPACE REPORT - MAY 5, 2003
A Special Parks and Recreation Committee - Open Space Meeting was held on May 5, 2003 with Chairman Pitts presiding.
Creekside Subdivision
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
Creekside Subdivision consists of 34.0886 acres of land situated on the east side of Wyoming Mill Road, approximately 3,250 feet south of Hazlettville Road. Based on the number of dwelling units proposed (69), this subdivision requires one-half acre of land for active open space.
Members were advised that the Conceptual Recreation and Open Space Plan for the Creekside Single Family Residential Subdivision proposes one-half acre of active open space, to include a horseshoe pit, a walkway, playground with seven (7) pieces of equipment, park benches, shade trees, and an open play area. The total investment for the above mentioned items is $31,542.
Although the members present approved the plan, no official action was taken due to the lack of a quorum.
Mr. Pitts moved for approval of the Conceptual Recreation and Open Space Plan for the Creekside Single Family Residential Subdivision, seconded by Mr. McGlumphy and unanimously carried.
Mr. Pitts moved for acceptance of the Special Parks and Recreation Committee Report, seconded by Mr. Salters and unanimously carried.
COUNCIL APPOINTMENTS - 2003/2004
Council President/Vice Mayor
Mr. Ritter moved to nominate William McGlumphy as Council President/Vice Mayor, seconded by Mr. Pitts. Mr. Ruane moved that nominations be closed, seconded by Mr. Speed and unanimously carried.
The motion for the appointment of William P. McGlumphy to serve as Council President/Vice Mayor for 2003/2004 was carried by a roll call vote of five (5) yes, four (4) no (Mrs. Williams, Mr. Truitt, Mr. Salters, and Mr. Carey).
City Solicitor
Mr. Salters moved to nominate Nicholas H. Rodriguez as City Solicitor, seconded by Mr. Pitts. Mr. Speed moved that nominations be closed, seconded by Mr. Salters and unanimously carried.
The motion for the appointment of Nicholas H. Rodriguez to serve as City Solicitor for 2003/2004 was unanimously carried.
Deputy City Solicitor
Mr. Salters moved to nominate William Pepper as Deputy City Solicitor, seconded by Mr. Speed. Mr. Speed moved that nominations be closed, seconded by Mr. Pitts and unanimously carried.
The motion for the appointment of William Pepper to serve as Deputy City Solicitor for 2003/2004 was unanimously carried.
Fire Marshal
Mr. Speed moved to nominate David J. Truax as Fire Marshal, seconded by Mr. Pitts. Mrs. Williams moved that nominations be closed, seconded by Mr. Pitts and unanimously carried.
The motion for the appointment of David J. Truax to serve as Fire Marshal for 2003/2004 was unanimously carried.
Deputy Fire Marshals
Mr. Pitts moved to nominate Henry Baynum, Jr. as Deputy Fire Marshal, seconded by Mr. McGlumphy. Mrs. Williams moved that nominations be closed, seconded by Mr. Pitts and unanimously carried.
The motion for the appointment of Henry Baynum, Jr. to serve as Deputy Fire Marshal for 2003/2004 was unanimously carried.
Mr. Truitt moved to nominate Samuel Gonzalez to serve as Deputy Fire Marshal, seconded by Mr. Speed. Mrs. Williams moved that nominations be closed, seconded by Mr. Pitts and unanimously carried.
The motion for the appointment of Samuel Gonzalez to serve as Deputy Fire Marshal for 2003/2004 was unanimously carried.
Treasurer/Finance Director
Mr. Salters moved to nominate Donna S. Mitchell as Treasurer/Finance Director, seconded by Mr. Speed. Mr. Speed moved that nominations be closed, seconded by Mr. Salters and unanimously carried.
The motion for the appointment of Donna S. Mitchell to serve as Treasurer/Finance Director for 2003/2004 was unanimously carried.
City Clerk/Alderman
Mr. Salters moved to nominate Janice C. Green as City Clerk, seconded by Mr. Speed. Mr. Speed moved that nominations be closed, seconded by Mr. Truitt and unanimously carried.
The motion for the appointment of Janice C. Green to serve as City Clerk for 2003/2004 was unanimously carried.
Assistant City Clerk/Deputy Alderman
Mr. Ruane moved to nominate Traci A. McDowell as Assistant City Clerk/Deputy Alderman, seconded by Mr. Pitts. Mrs. Williams moved that nominations be closed, seconded by Mr. Speed and unanimously carried.
The motion for the appointment of Traci A. McDowell to serve as Assistant City Clerk/Deputy Alderman for 2003/2004 was unanimously carried.
Assistant Treasurers
Mr. Salters moved to nominate Janice C. Green as Assistant Treasurer, seconded by Mr. Ruane. Mr. Speed moved to nominate Traci A. McDowell as Assistant Treasurer, seconded by Mr. Truitt. Mr. Speed moved that nominations be closed, seconded by Mrs. Williams and unanimously carried.
The motion for the appointment of Janice C. Green and Traci A. McDowell to serve as Assistant Treasurers for 2003/2004 was unanimously carried.
COMMITTEE APPOINTMENTS - COUNCIL
Mr. McGlumphy submitted that following recommendations for committee appointments:
Legislative and Finance Committee
Mr. McGlumphy moved for the following appointments to the Legislative and Finance Committee to serve for the year 2003/2004, seconded by Mr. Pitts:
Chairman: Stephen R. Speed
Members: Eugene B. Ruane and Robert G. Ritter
Civilians: Bruce T. Gorman and Dana T. Shelton (submitted on behalf of the Chair)
Mr. Salters moved to allow for the nominations to be presented individually, seconded by Mrs. Williams. The motion failed by a roll call vote of five (5) no, four (4) yes (Mrs. Williams, Mr. Truitt, Mr. Salters, and Mr. Carey).
Mr. Truitt relayed concern that if there is one (1) individual that he should not want to support for serving on the committee, without taking separate votes for the nominations, he would have to vote in the negative for the entire membership. Mr. Pepper confirmed that a vote in the affirmative would be an indication for approval of all nominations.
The motion to approve the appointments to the Legislative and Finance Committee as recommended by Mr. McGlumphy was carried by a roll call vote of five (5) yes, four (4) no (Mrs. Williams, Mr. Truitt, Mr. Salters, and Mr. Carey).
Mrs. Williams questioned the validity of the vote, indicating that those nominated are not entitled to vote.
At the request of Mayor Hutchison, Deputy City Solicitor Pepper explained that according to the Dover Code, those nominated to serve on a Council Committee are not entitled to vote.
Mrs. Williams explained that this was the reasoning for the request to have nominations presented individually.
On a point of order called by Mr. Ruane, he questioned the validity of these nominations that have taken place for the past several years.
Responding, Deputy City Solicitor stated that although he is not able to respond to the past actions of Council, it is evident that the Dover Code does not allow for nominees to vote.
Mayor Hutchison read Section 2-147, subsection (a), of the Dover Code, as follows: “The legislative and finance committee shall be composed of five (5) members, four (4) of which are appointed by the council president and one (1) appointed by the committee chair, with all appointments subject to confirmation of a voting majority of the city council with any nominee not entitled to vote. Three (3) of the members shall be elected city officials, and the two (2) remaining members shall be city residents. The members of the committee shall serve one-year terms unless sooner removed”.
In response to Mr. Truitt, Mayor Hutchison noted that by considering all nominees rather than considering the nominees individually, six (6) members would be entitled to vote; therefore, approval of the nominations could be accomplished.
Mr. McGlumphy relayed his disappointment with the actions of some of the members of Council. He noted that his recommendations for members to serve on the Legislative and Finance Committee consists of well qualified individuals, all of which maintain a Master’s Degree or better. It would be his hope that all members of Council will endorse the individuals as they have been nominated and regrets the actions of Council that is being taken.
Concurring, Mr. Pitts felt that the opposition may be as a result of members that have served in certain capacities for several years and suggested that they consider sharing such responsibilities with other members of Council.
It was Mr. Truitt’s opinion that the opposition may be misconstrued. He explained that his concern is with having the same members of Council serving on two (2) of the most dominant committees (Legislative and Finance and Utility) and that the nominations, as presented, is an attempt to provide five (5) members of Council, including the Council President, more authority to run the City, rather than it being shared by all nine (9) members of Council. His disappointment is that there has been no willingness for a compromise.
Mrs. Williams indicated that the appointments would actually take away from the City’s internal checks and balance by having the same members serving on the committee that spends the majority of the City’s funds and the committee that protects the City’s funds. She assured members that the opposition is not in an attempt to obstruct action from being taken but rather to assure that the City continues to be ran by the whole Council and not just by a few members selected by the Council President.
At the direction of Mayor Hutchison, a corrected roll call vote was accomplished for the motion to approve the appointments to the Legislative and Finance Committee as recommended by Mr. McGlumphy. The motion failed by a roll call vote of four (4) no, two (2) yes (Mr. McGlumphy and Mr. Pitts), and three (3) abstentions (Mr. Ritter, Mr. Speed, and Mr. Ruane).
Mr. McGlumphy moved to vote on each individual nominee, seconded by Mrs. Williams and unanimously carried.
Mr. McGlumphy moved for the appointment of Stephen R. Speed as Chairman of the Legislative and Finance Committee, seconded by Mr. Pitts. The motion failed by a roll call vote of four (4) yes, four (4) no (Mrs. Williams, Mr. Truitt, Mr. Salters, and Mr. Carey), and one (1) abstention (Mr. Speed).
Mr. McGlumphy moved for the appointment of Eugene B. Ruane to the Legislative and Finance Committee, seconded by Mr. Pitts. The motion failed by a roll call vote of four (4) yes, four (4) no (Mrs. Williams, Mr. Truitt, Mr. Salters, and Mr. Carey), and one (1) abstention (Mr. Ruane).