COUNCIL COMMITTEES

The Council Committees Meeting was held on June 8, 1998, with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mr. Carey, Mrs. Malone, Mr. Salters, Mr. Weller and Mayor Hutchison.

AGENDA ADDITIONS/DELETIONS

Mr. Salters moved to delete item #2, Proposed Ordinance Amendment - Abatement of City Real Estate Taxes (Article IV of Section 19.5-34, Application Process) from the Legislative and Finance Committee agenda and to reschedule it for the next committee meeting.

Mrs. Malone requested that Mr. Jack Richter be notified that the item will be on the next agenda.

Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met with Chairman Salters presiding. Members present were Councilman Leary, Councilwoman Malone, Mr. Gorman and Mr. Merritt. Chairman Salters introduced newly appointed member, Mr. Gorman.

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.

Mr. Salters moved to recommend adoption of the proposed ordinances (Attachments #1 and #2), as recommended by staff and the City Solicitor, seconded by Mr. Leary and unanimously carried.

Several members of Council relayed their appreciation to members of the Legislative and Finance Committee, Mrs. Boaman and Mrs. Green of the City Clerk’s Office, the City Solicitor’s Office, Chairman John Burris and the State Public Integrity Commission for their work on this item.

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

Meeting Adjourned at 6:42 P.M.

UTILITY COMMITTEE

The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Carey and Weller, and Mr. Farling. Councilman Leary was deputized to serve in the absence of Mr. Kramedas.

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.

Staff 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 to recommend approval of staff’s recommendation, seconded by Mr. Carey and unanimously carried.

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

Meeting Adjourned at 6:49 P.M.

                                                                                    Respectfully submitted,

                                                                                    Robin R. Christiansen

                                                                                    Council President

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