REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 23, 1998 with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Salters and Mr. Weller. Mr. Carey was absent.
Council staff members present were Chief Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Mrs. Green and Mr. Rodriguez.
The invocation was given by Reverend Richard Avant, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mrs. Malone moved for approval of the agenda, seconded by Mr. Weller and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 9, 1998
The Minutes of the Regular Council Meeting of February 9, 1998 were unanimously approved by motion of Mr. Leary, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
ADOPTION OF MINUTES - QUARTERLY OPEN TOWN MEETING OF FEBRUARY 2, 1998
The Minutes of the Quarterly Open Town Meeting of February 2, 1998 were unanimously approved by motion of Mr. Leary, seconded by Mr. Weller and bore the written approval of Mayor Hutchison.
SPECIAL PRESENTATION - APPA HONOR ROLL AWARD - MR. JAMES R. O’CONNOR
Mr. Lambert (as Chairman of the Utility Committee) and Mayor Hutchison presented the City Manager, Mr. O’Connor, with an American Public Power Association (APPA) Honor Roll Award in recognition for his contributions to public power on the local level. The APPA Honor Roll was established in 1978 to recognize employees or officials of APPA member systems who have made significant local contributions to public power. The APPA Honor Roll Award acknowledges the many years of service Mr. O’Connor has given to public power and to the City of Dover. His leadership in these challenging times for electric utilities has played a key role in positioning the utility for the future. Mr. O’Connor’s many years of untiring dedication exemplify the spirit of public power and of people working together for the improvement of the community.
Mr. Lambert advised members that Mr. O’Connor has been a strong supporter of public power for many years, reminding members that prior to coming to the City of Dover, Mr. O’Connor was the City Manager in Bartow, Florida. During this period, he served as President and Board Member of the Florida Municipal Utilities Association and served as a member of the Executive Committee and Board of Directors of the Florida Municipal Power Agency. Since coming to the City of Dover in July 1993, he has been very active in the Delaware Municipal Electric Corporation (DEMEC) and the American Public Power Association, lobbying for public power. Mr. Lambert reminded members that when Mr. O’Connor came to Dover, our Electric Department was in a period of crisis. Under his leadership, we can proudly say that the City’s Electric Department has become a thriving and profitable organization.
Mr. O’Connor relayed his appreciation and gratitude for the recognition. He stated that the Electric Department has recently become more efficient and, as a result, the City is able to provide savings and an improved service to our customers. Mr. O’Connor stated that the City’s success is due to the cooperative efforts and outstanding work by all City departments and employees.
Mayor Hutchison also recognized Mr. Lambert in his capacity as Chairman of the Utility Committee, stating that he has played an active role in the success of our utilities.
PROCLAMATION - EMPLOYEE APPRECIATION DAY
The Assistant City Clerk read into the record the following Proclamation:
WHEREAS, the City of Dover employees work diligently for all our citizens; and
WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and
WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy one of the lowest utility and tax rates in this region; and
WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day to day operations of the City of Dover and its success is due largely to the pride and efforts of its employees.
NOW, THEREFORE, I, JAMES L. HUTCHISON, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 6, 1998, as CITY OF DOVER EMPLOYEE APPRECIATION DAY, in recognition of the dedication and hard work of City of Dover employees, and ask the citizens to participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community.
COMMENTS - COUNCIL PRESIDENT CHRISTIANSEN - RETIREMENT OF CITY CLERK
Council President Christiansen recognized the official notification from the City Clerk, Mrs. Debrah J. Boaman, of her intent to retire after 25 years of service, effective April 24, 1998. It is his feeling that the success of the City of Dover is due to our excellent employees; however, the success of the Mayor and Council is mainly due to the hard work and efforts of the City Clerk’s Office, which has been led by Mrs. Boaman. On behalf of members of City Council, he expressed his gratitude to Mrs. Boaman and although she will be sorely missed, wished her a happy and peaceful retirement.
As a result of the City Clerk’s retirement, a Search Committee was established for her replacement. On behalf of the Search Committee (Mayor Hutchison, Mr. Leary, Mr. Salters, Mr. Lambert and Mrs. Malone), Mr. Leary moved for the appointment of Janice C. Green as City Clerk/Assistant Treasurer/Alderman, effective April 25, 1998. The motion was seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Carey absent).
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on February 9, 1998 with Chairman Salters presiding.
Proposed Ordinance - Code of Conduct/Ethics
During the Council Meeting of November 24, 1997, Council approved the recommendation of the Legislative and Finance Committee to approve the proposed Code of Ethics Ordinance and to forward the ordinance to the Delaware Public Integrity Commission for their approval.
A letter was received from the Commission Chair, which states that the Commission has reviewed our ordinance and noted three exceptions (A, B(1) & B(2) as outlined in the Chairman’s letter). In reviewing the exceptions, the City Clerk relayed that the changes proposed for paragraphs B(1) (Section 2-15 H-1) & B(2) (Section 2-15.1) are minor in nature. The recommendations in paragraph A (Section 2-15 D-2), however, are significant enough in nature that she felt they should be reviewed by the committee prior to making any changes. The City’s first draft states that in regards to a City employee, the Ethics Commission may “recommend by resolution that the City agency employing the City employee ..... remove, suspend, demote or take other disciplinary action..”
The State Public Integrity Commission requires that the Ethics Commission maintain this authority rather than merely “recommending” such action. The same language was used for Dover’s ordinance as in the City of Wilmington’s ordinance. The term “recommend” was used since City commissions and boards typically do not have significant autonomy and do not typically take legal or financial actions without the approval of the City Manager or City Council.
It is the feeling of the State Public Integrity Commission that the Ethics Commission should maintain full authority to ensure that any decision to discipline or terminate an employee is a non-biased, non-political decision. In discussing this matter with Janet Wright of the State Public Integrity Commission’s Office, she advised that if City Council wishes to differ from the language of the State’s Code of Conduct, such request should be made to the Board with explanation as to why we feel our municipality differs from the State.
In reviewing the changes proposed by the State Ethics Committee, the City Solicitor relayed that the Ethics Commission does not have the power under our City Charter to do any more than “recommend” as opposed to actually deciding the sanctions. Staff recommended approval of the proposed changes to Sections 2-15 H(1) and 2-15.1 (Judicial Review) and that the State Public Integrity Commission make an exception to permit the language in Section 2-15 (D) (2) to remain as written.
During the committee meeting, Mr. O’Connor voiced concern that if the language is changed to permit the Ethics Commission full authority in matters of discipline relative to ethics violations, it could be in conflict with our Employee Bargaining Agreements and the Police Bill of Rights relative to approved grievance procedures.
Mrs. Boaman reminded members that until such time as the City of Dover adopts its own Code of Conduct/Ethics ordinances, the City falls under the jurisdiction of the State’s laws which already delegates full authority to its Ethics Commission.
Members of the committee discussed the opinion of the City Solicitor relative to the City Charter and suggested that this information be relayed to the State’s Public Integrity Commission.
The committee recommended approval of the proposed changes to Sections 2-15 H(1) and 2-15.1 (Judicial Review) and to request that the State Public Integrity Commission make an exception to permit the language in Section 2-15 (D) (2) to remain as written.
Mr. Salters noted that no action is required by Council at this time, and that this matter will be brought back to the Committee once a decision is rendered by the State’s Public Integrity Commission.
Purchase of One Ton Crew Cab Dump Truck
The Grounds Division has budgeted to replace the 1988 one ton crew cab dump truck. The vehicle will be purchased utilizing the State bid specification “L” with modifications. The amount budgeted for the vehicle was $26,750 and the State bid amount is $25,599.80.
The committee recommended that staff be authorized to purchase a one ton crew cab dump truck, utilizing the State bid, in the amount of $25,599.80.
Mr. Salters moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Carey absent).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mr. Leary and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on February 9, 1998 with Chairman Lambert presiding.
Bid - Circuit #433 Upgrade to 12,000 Volt (Phase I)
The upgrade of Distribution Circuit #433 from a 4,000 Volt (4KV) circuit to our standard 12,000 Volt (12KV) circuit will substantially increase service reliability as well as reduce the load on the Division Street Substation. Currently, Circuit #433 is radially fed with no tie to another 4KV circuit for back feeding in case of a major outage or breaker failure. The proposed conversion will take advantage of two (2) existing 12KV ties with the possibility of a third. Additionally, reducing the Division Street Substation load will provide us the opportunity to upgrade the station to increase reliability of our 69KV Transmission System.
The low bid for Phase I and Phase II was submitted by Fry Electric in the amount of $49,350.
During the committee meeting, Mr. O’Connor explained that the electrical needs for residential properties has increased significantly with the advent of new appliances such as microwave ovens and other small electrical items. The proposal will assist in maintaining the existing overloaded system and will improve our reliability of electric service to our customers.
The committee recommended that staff be authorized to issue a purchase to Fry Electric in the amount of $49,350 to complete the conversion of 4KV to 12KV.
Mr. Lambert moved for approval of the committee’s recommendation, seconded by Mrs. Malone and carried by a unanimous roll call vote (Mr. Carey absent).
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried.
MONTHLY REPORTS - JANUARY 1998
By motion of Mrs. Malone, seconded by Mr. Salters, the following monthly reports were accepted:
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager 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
Referring to the Planning and Inspections Report, Mr. Salters noted that the report indicates that there was no change from the last report with regards to the downtown landscaping enhancement program. He questioned if the delay is due to the Steering Committee’s decision to create a design for the whole area.
Responding, Mr. DePrima stated that the decision to create a design for the whole area is not the reason for the delay. He explained that the final agreements and contracts authorizing the expenditure of the design funds have not yet been received from DelDOT. Mr. DePrima advised members that this is an enhancement grant provided by DelDOT. It is anticipated that the proposed design will be complete within four (4) months, with landscaping work to begin in the Fall and to be completed by the end of Spring 1999.
Mr. Salters moved for approval of the Planning and Inspections Report, seconded by Mr. Leary and unanimously carried.
ANNUAL REPORTS - 1997
Bureau of Fire - Robbins Hose Company
Mr. Salters moved for acceptance of the 1997 Annual Report of the Fire Chief of the Robbins Hose Company, seconded by Mr. Weller and unanimously carried.
City of Dover Police Department
Mr. Lambert moved for acceptance of the 1997 Annual Report of the City of Dover Police Department, seconded by Mr. Weller and unanimously carried.
Members of Council expressed their appreciation to the volunteers of the Robbins Hose Company and employees of the Police Department for their dedicated service to the citizens of Dover.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of February 9, 1998.
Mr. Salters moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mrs. Malone and unanimously carried.
CHAPTER 11 - BUSINESS LICENSES
Chapter 11 - Business Licenses (Sections 11-1, 11-3, 11-4, 11-5, 11-11, 11-15 and 11-16)
Mr. Truitt moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Carey absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, License, of the City Code of Ordinances, Section 11-1. Definitions by adding the following definitions in their proper alphabetical order.
Sec. 11-1. Definitions.
Consultant includes every person operating a business, not more specifically defined otherwise in this section who gives expert advice for profit or reward.
Clinical Social Worker includes every person qualified under the laws of the state to practice Social Work and engaged in active practice of such profession.
Itinerant Merchants - Any person, whether as owner, agent, or employee, who engages in a temporary business of selling and delivering goods, prepared food, beverages, wares, or merchandise within the City who is not located within a licensed “ Open Market” as defined by this chapter, or participating in a “Non-profit Sponsored Event” as defined in this Chapter shall be required to obtain an Itinerant Merchants License for each event or holiday season during which the Itinerant Merchant operates. An event shall be defined as any three (3) week period during which a special occurrence or holiday falls.
Professional Counselors includes every person qualified under the laws of the state to practice Counseling and engaged in active practice of such profession.
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, License, of the City Code of Ordinances, Section 11-1 Definitions, by deleting the definition for Banks, loan and trust, credit union company in its entirety and adding the following definition in its proper alphabetical order.
Sec. 11-1. Definitions.
Banks, and Loan and Trust Company includes each bank, or building and loan association or trust company including non-deposit and limited service banks.
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, License, of the City Code of Ordinances, Section 11-3. Compliance by deleting the word “nonprofit enterprise” from the section to read as follows:
Sec. 11-3. Compliance.
It shall be unlawful for any person, either directly or indirectly, to conduct any business or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by this Code, without a license or permit therefore being first procured and kept in effect at all times required.
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, Licenses, of the City Code of Ordinances, Section 11-4. License required; fee, subsection (d) by adding the following trades, businesses, or occupations and associated fees to the table in proper alphabetical order.
Sec. 11-4. License required; fee.
(d) No person shall conduct or engage in any of the following trades, businesses, or occupations within the city without a license and paying the appropriate fee indicated below:
Consultants $ 55
Itinerant Merchants $ 35 per event
Clinical Social Worker $ 83
Professional Counselors $ 55
Psychologists $165
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, Licenses, of the City Code of Ordinances, Section 11-5. Determination of license fee, by deleting subsection (b)(3) it in its entirety and inserting the following:
Sec. 11-5. Determination of license fee.
(b)(3) Prorate for the balance of any license period the license fee, including minimum license fees of any business commenced after the beginning of the license period. Prorating of license fee shall not occur for Contractors who receive a “per job” license, or for Itinerant Merchants licensees.
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, License, of the City Code of Ordinances, Section 11-11 Penalty for late payment of license fee by deleting the word “August First” and substituting “July Thirty First”
Sec. 11-11. Penalty for late payment of license fee.
In the event that the license fee set forth herein is not paid on or before July Thirty First of each year, then the licensee shall incur a penalty fee in the amount of ten (10) per cent per month of the amount of the licensee fee until the same is paid.
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, License, of the City Code of Ordinances, Section 11-15. Exemptions from license in its entirety and inserting the following in lieu thereof:
Sec. 11-15. Exemptions from license.
The following shall not be required to obtain a license:
(1) Telephone companies for pay telephones.
(2) Itinerant Merchants paying a registration fee to participate in an event sponsored by a Non-profit or Charitable organization.
(3) Credit Unions
(4) Insurance Agents and Companies
ADOPTED: February 23, 1998
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Amend Chapter 11, License, of the City Code of Ordinances, Section 11-16. Special provisions for amusement parks in its entirety and inserting the following in lieu thereof:
Sec. 11-16. Special provisions
(a) Amusement Parks - Every amusement park operator shall have the option of either taking out a license to conduct the amusement park or of licensing each separate place of amusement within the confines of the park or other open spaces.
(b) Contractors - Contractors not based in Kent County and do not regularly operate in the City of Dover shall have the option of either taking out an annual contractors license or “per job” contractors license. The “per job” contractors license shall be valid for the duration of the job and the permit fee shall be .00046 of the aggregate gross receipts of the job, provided, however, that the minimum license fee shall be one hundred and ten dollars ($110.00).
ADOPTED: February 23, 1998
CHAPTER 19 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 19 - Streets, Sidewalks and Public Places
Mr. Pitts moved for adoption of the following ordinance, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Carey absent):
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET
Amend Chapter 19, Section 19-5 Removal of Snow or Ice from sidewalks by owner or occupant of abutting property in its entirety and inserting the following in lieu thereof:
Sec. 19-5. Duty of tenants or owners to maintain sidewalk and landscaped areas within the street right-of-way.
It shall be unlawful for the owner or occupant of any premises abutting upon a sidewalk to permit or allow snow or ice to remain thereon for longer than twelve (12) hours of daylight after it has ceased snowing, or to permit debris or other materials to accumulate at any time so that pedestrians may conveniently and safely pass. It is the responsibility of the owner or occupant of any premises abutting upon a sidewalk to keep the landscaped area between the sidewalk and the curb line, or where no sidewalk exists between the property line and curb line or paved street, maintained in accordance with the standards set forth in Chapter 21, Article II Weeds, of this Code.
ADOPTED: February 23, 1998
MISCELLANEOUS
Responding to questions of Mr. Salters, Mr. O’Connor stated that the projected completion date of the White Oak Road Project is March 15, 1998, which could be extended due to the weather (rain). He also advised members that the funding has been secured for a signal light at the Metro Market on White Oak Road.
Council President Christiansen noted that due to the late hour, the executive session held prior to the Regular Council Meeting was recessed until adjournment of this meeting and requested a motion to reconvene into executive session to discuss personnel matters.
Mrs. Malone moved to adjourn into executive session to discuss personnel matters, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 8:18 P.M.
JANICE C. GREEN
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of February 23, 1998, are hereby approved.
JAMES L. HUTCHISON
MAYOR
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