SPECIAL COUNCIL MEETING
A Special Council Meeting was held on October 27, 1993 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Tudor, Mr. Leary, Mr. Pitts, Mrs. Malone, Mr. Hutchison, Mr. Salters and Mr. Hare.
Council staff members present were Mr. O'Connor, Mr. DePrima and Mrs. Boaman.
Council President Christiansen stated that the purpose of the Special Council Meeting was to conduct a public hearing on the City of Dover's form of government. Mr. Salters, Chairman of the Legislative and Finance Committee, explained that the subject of form of government has been discussed for several months, as well as having been discussed by members of Council in previous years. In an attempt to hear the voice of the public, Council set this public hearing specifically to hear the comments and recommendations of the citizenry and to consider a proposal to change the form of government.
Council President Christiansen declared the public hearing open.
Francis R. Weyandt
Mr. Francis R. Weyandt of 54 Sackarackin Avenue addressed the proposal for a strong Mayor form of government. He cautioned Council to not give too much power to one individual. Regardless of whether a City Manager/Council form of government is continued or if a strong Mayor form of government is approved, Mr. Weyandt strongly recommended that Council employees be left under the jurisdiction of City Council to ensure proper checks and balances of City government. Mr. Weyandt did not feel that a full-time Mayor is needed at this time, but he agreed that a Mayor should be available for a certain number of hours per day to be available to the public and that he should be properly remunerated for this time.
Phil Fenimore
Mr. Phil Fenimore of 360 N. State Street and President of FACT, reminded Council that several studies have been made over the years on the structure of the City of Dover. The FACT group suggests that Council not: (1) equate a change to a strong Mayor system with a paid Mayor system, (2) equate a change to a strong Mayor system to a full-time Mayor system, or (3) feel as though FACT is trying to find fault with members of City Council - they are only looking to better prepare for our future. The FACT organization suggests separating the legislative from executive branches, remove City Council from the day-to-day operations of the City, and dedicate City Council to setting long range goals for the City. They feel that the day-to-day operations should be handled by the City Manager who reports to the Mayor. They feel that all executive offices should report to the City Manager; establish the job criteria for the office of the Mayor; and work towards General Assembly approval of the proposed changes.
Charles Weller
Mr. Charles Weller of 241 Fiddlers Green stated his opinion that there is no need to restructure the present form of government. He stated that the City Manager is doing a super job and that the proposed change opens the opportunity for collusion. It was suggested by Mr. Weller that Council more clearly define the role of the Mayor so that it is clearly understood by all concerned. He reminded Council that the Mayor has veto power which wields a considerable amount of power over Council.
Dr. William B. DeLauder
Dr. William B. DeLauder, President of Delaware State University, stated his support of the proposal to change the governmental structure of Dover to one that employs a strong Mayor system. He stated that two panels of distinguished citizens have studied this issue and both essentially agreed on the need for a change. Dr. DeLauder offered the following reasons for support of the proposal: (1) A committee cannot effectively run any organization of any degree of complexity. He referred to the inherent limitations of committees. By their very nature, committees are good at establishing policy and providing oversight. They are not capable of managing organizations, unless the organization is not dynamic and seeks to obtain the status quo. (2) Accountability to the citizens - A strong Mayor system of government will provide the people with an opportunity to have a voice in how the City is run and the future direction of the City. An elected Mayor can be held accountable to the voters. Although the Mayor is elected at-large, the position lacks the power or authority to promote and/or carry-out his proposals. Dr. DeLauder stated his opinion that the strong Mayor system will provide the people with a better opportunity to have a voice in the future direction of the City and will provide the people, by their vote, with a means to hold public officials accountable. (3) Good and democratic government requires a separation of powers - executive and legislative. This offers a mechanism of checks and balances that are a hallmark of a democratic organization. Dr. DeLauder stated that Council can best serve as the legislative and oversight party of the City and that a strong Mayor is needed to direct the executive function of City government. (4) Leadership - there is a dire need for strong leadership to guide Dover into the 21st century. He felt that there is a need for strong leadership in order for Dover to gain the political power and recognition throughout the State of Delaware that will enable the City to compete successfully with the other cities in Delaware. (5) A strong Mayor/Council form of government, with a professional City Manager that reports to the Mayor, can enhance the efficiency and effectiveness of City operations. As to the question of the position being full-time or part-time, Dr. DeLauder stated that it depends upon the expectations of the office. If the Mayor is expected to play a major role in economic development and promoting the City, a full-time Mayor can be justified. A part-time Mayor could be inaccessible to many citizens because of the nature of their employment which may not provide the time needed to carry out the functions of the duties of Mayor.
Javan Davis
Mr. Javan Davis of 635 Nimitz Drive voiced his support for a strong Mayor form of government. He stated his opinion that the City's current form of government is out-dated and the Mayor should lead, not follow, Council. He suggested that a strong Mayor would bring resolution to many of the unsolved problems in the City.
Ben Bowings
Mr. Ben Bowings of 198 Haman Drive stated that Dover does not need a highly paid Mayor nor highly paid members of Council. He stated that the day-to-day operations should be handled by a professional City Manager regardless of the size of the City. Mr. Bowings cited several large cities that operate successfully under a Council/Manager form of government. He felt that personalities have a great influence on the position, stating that a Mayor with a strong personality can achieve what is necessary under the present system. He urged that Council not consider placing this matter on a public referendum and that they continue with the present form of government.
Rexene Ornauer
Mrs. Rexene Ornauer of 17 Mifflin Road dispelled rumors about her desire to run for Mayor, stating that she has no such plans. She stated her opinion that government by committee is an inefficient form of government. She suggested that Council consider the proposal for a strong Mayor form of government and deal with remuneration, duties and time-on-the-job after approval has been garnered for a change in the form of government.
Richard Ornauer
Mr. Richard Ornauer of 17 Mifflin Road reminded Council that this is not a personality issue and the form of government should be based on the position, not upon the people involved. He voiced support for a larger and more important role for the Mayor. He felt that a Mayor should serve as a liaison between the people and City Council. He should also serve as a liaison to the media and should be the spokesperson for the City. Mr. Ornauer suggested that all department heads report to the City Manager, with the exception of the City Clerk, Treasurer and Solicitor, and the City Manager should report to the Mayor. (A letter fully outlining Mr. Ornauer's proposal is on file with the Office of the City Clerk.)
Christopher Cherry
Mr. Christopher Cherry of 107 Jefferson Court stated that the Mayor is elected at-large and should be the Chief Operating Officer of the City, with the City Manager reporting to the Mayor. He felt that a citizen should be able to go to someone in charge, and elected by the people, when they have a problem or concern.
Reverend Gloria Cherry
Rev. Gloria Cherry of 107 Jefferson Court conveyed that although she supports a strong Mayor system, this does not mean that City Council is not needed and appreciated. She reminded Council that the City is growing and feels that it is time for a change. Rev. Cherry reiterated the need for someone in power to find financial resources for organizations within the City of Dover. She felt that a strong Mayor would have the clout and the time to work with the General Assembly in providing more state and federal funds to the City of Dover.
Francis Winsley
Mr. Francis Winsley of 822 Lincoln Street listed the reasons the City needs a paid, full-time Mayor, as follows: (1) It makes the position highly competitive; (2) Allows unlimited time to be spent on the City of Dover; (3) Makes the Mayor accountable for the good and bad decisions made on behalf of the citizens; and (4) Provides citizens with a central figure when access is required.
James Carr
Mr. James Carr of 767 Miller Drive, Vice-President of FACT, stated that the remarks made by Dr. DeLauder also convey his feelings and recommendations on a strong Mayor form of government. He stated that government by committee is the fault of most of the City's problems. He suggested that the City approve a strong Mayor form of government, with the Mayor's authority clearly spelled out, with the checks and balances of the system being maintained. He cautioned Council to not equate a strong Mayor with a paid, full-time Mayor system.
Crawford J. Carroll
Crawford J. Carroll, former Mayor of Dover for 20 years, addressed the issue of a strong Mayor form of government. Former Mayor Carroll stated that he supports a strong Mayor form of government, but not on a full-time basis. He stated a need to separate the legislative and executive branches of the City, but a Mayor should be accountable and available to people he serves. Referring to the need for a Mayor to lobby the General Assembly for grant funds, Mayor Carroll suggested that the City utilize the services of the Delaware League of Local Governments. Former Mayor Carroll suggested that a strong Mayor form of government be adopted, with the City Manager reporting to the Mayor. He stressed the importance of maintaining the current checks and balances of the system by continuing the system of the City Clerk, Treasurer, Planner, Assessor and Solicitor reporting to Council. He related to problems encountered while serving as Mayor with a City Manager that reported to City Council. Former Mayor Carroll strongly endorsed a strong Mayor form of government, but not a full-time, paid Mayor. He reminded the public that public servants serve, not for remuneration, but for the desire to give something to the community.
Joe McDaniel
Mr. Joe McDaniel of 215 Walker Road spoke on behalf of the Greater Dover Committee. The Greater Dover Committee is comprised of over 38 men and women who are chief executive officers of their businesses or professions in Dover and their mission is to improve the quality of life in the greater Dover area. The Greater Dover Committee has taken the position of supporting the strong Mayor form of government. (A letter detailing their position is on file with the Office of the City Clerk.) The Committee has not addressed the question of full-time versus part-time or whether it should be a paid position, feeling that these matters should be determined by Council. The Committee favors separating the legislative and executive functions of the City of Dover.
Council President Christiansen declared the public hearing closed and called for a 10 minute recess at 8:20 p.m.
Upon reconvening, Council President Christiansen called upon Mayor Knopf to address the form of government issue.
Mayor Knopf relayed the inordinate amount of time that is required to perform the duties of Mayor. He has spent over 1,200 hours over the last nine months representing the City of Dover. He does not feel that the position can be properly fulfilled on a part-time basis. Mayor Knopf relayed the many needs of the City such as the need to educate the public on the need for the West Dover Fire Station, the dire need for improvements to the Police Station, planning, economic development, human relations, etc. Mayor Knopf related to state and federal funds granted to the City of Wilmington, stating that the many facilities in Wilmington paid for with grant funds are the direct result of a strong Mayor form of government that invested time with the General Assembly in obtaining available funds. He stated that the social needs of our citizens are not being met in Dover. The City Manager's job is to run the internal operations of the City while the Mayor works with other governmental agencies and elected officials in meeting the needs of our citizens. Mayor Knopf stated that the job of Mayor in Dover requires a full-time, paid Mayor that will dedicate time to nothing but the City of Dover.
Agreeing that Mayor Knopf has spent a considerable amount of time performing the duties of Mayor, Mr. Lambert stated concerns with the ability of the Mayor to add to his responsibilities without moving to a full-time Mayor. Although he did not wish to address the matter at this time, Mr. Lambert stated his belief that at some time in the future, a full-time Mayor will need to be considered. Mr. Lambert voiced concern with a City Manager reporting to the Mayor, feeling that the flow of communication to Council could be endangered. He reminded the public that the day to day operations of the City are being handled by the City Manager, and not by City Council as many seem to believe. Mr. Lambert stated that the system that was outlined in the Charter seems to have worked very well. He would like to see the Mayor more involved in the policy making actions of the City and suggested that Council go back to their former structure of the Mayor presiding over the Council meetings and participating in discussion on all issues.
Mr. Tudor expressed no opposition to meeting participation by the Mayor and urged his attendance at all Council and committee meetings. Referring to the Mayor's suggestion that his presence at Legislative Hall would make a positive difference in funding, Mr. Tudor stated his doubts about the success of such a plan. The Senators and Representatives within the Dover area are elected to perform this same function. He stated that Dover is not the dominating population of the State and that Wilmington and New Castle County will always fare better in legislative matters. Mr. Tudor stated that there is no problem with the current system and he suggested that the new City Manager be given a reasonable period of time to perform his duties without interference by changing the flow of command.
Mr. Leary stated that the voters are asking to have more control over their city government. As elected officials, Mr. Leary felt that Council has an obligation to hear that message. With a rapidly growing City, he agreed with many of the previous speakers that we must prepare for the future. He stated that a more efficient management of government, that works well most of the time, is needed, and suggested that the strong Mayor form of government, with the City Manager reporting to the Mayor, will work best most of the time.
Mr. Pitts stated that he takes the comments of former Mayor Carroll very seriously as Mayor Carroll has spent over 25 years in City government. He also takes the comments of the general citizenry very seriously and reported that most do not support a full-time, paid Mayor. Based on observation of similar municipalities throughout the country, Mr. Pitts suggested that City have a part-time Mayor with a salary of approximately $30,000.
Mrs. Malone voiced strong objections to a change to a strong Mayor form of government. Her constituents have voiced very positive support for the new City Manager and they feel that a good City Manager will provide the necessary leadership for the City. She stated that the Mayor is always welcome to participate in Council and committee meeting discussions and reminded Council that the Mayor maintains the power of veto. Mrs. Malone stated that the current system provides the necessary power to the Mayor and that use of that available power is up to the individual holding the position of Mayor. Mrs. Malone objected to statements that citizens are unable to get answers to their questions or concerns, stating that the City Manager and department heads are available in their professional capacities to answer all questions and concerns of the citizenry. Mrs. Malone stated her opinion that City government is running well and that she would not support a paid Mayor for the City of Dover.
Mr. Hutchison stated that he strongly supports a strong Mayor form of government. Although he supports the former structure of the Mayor presiding over Council Meetings, he would support a change to a strong Mayor form of government. He related to the many, many professional and social functions that a Mayor is required to attend to maintain good relations for the City and the time required to fulfill these obligations.
Mr. Salters stated his support for a change to a strong Mayor form of government, with the City Manager reporting to the Mayor, although he would continue to support the current policy of the Planner, Clerk, Treasurer, and Solicitor reporting to Council. In order for the Mayor to accomplish all that is going to be expected of him, Mr. Salters felt that the position needs to be full-time, with remuneration (as determined by Council).
Mr. Hare relayed his support for a strong Mayor form of government. He stated that a business cannot be run by a committee. The necessary safeguards for checks and balances can be implanted in any system and Mr. Hare felt that Council could maintain the necessary safeguards in a strong Mayor system. He felt that a strong Mayor would be more accountable to the citizens of Dover and would offer leadership to the community.
Council President Christiansen stated that he has supported a strong Mayor system since being elected to office in 1983. A strong Mayor should be the Chief Executive Officer of the City, but removed from the Council Chambers to allow the Council to be a legislative and policy making body.
Mr. Lambert moved for approval of the following: (1) The Mayor be returned to the Council Chambers to preside over Council and Committee meetings (which would eliminate the at-large Council position); (2) That the City Manager continue to report to the Council; (3) That the Mayor not vote except in the case of a tie vote; (4) That the Mayor retain veto power; (4) That the Council elect a Vice-Mayor from among themselves to serve in the absence of the Mayor; and (5) That Council not address the issue of a full-time or paid Mayor at this time. The motion was seconded by Mr. Pitts.
Mr. Hare voiced opposition to the motion, feeling that too many issues are included within one motion. Mr. Lambert withdrew his motion as did Mr. Pitts his second.
Mr. Lambert moved that the City continue with the policy of having the City Manager report to the City Council. The motion was seconded by Mrs. Malone and carried by a roll call vote of five (5) yes, four (4) no (Mr. Leary, Mr. Salters, Mr. Hare and Mr. Christiansen).
In accordance with Section 10 of the City Charter, Mayor Knopf submitted written notification of his veto of the previous motion. Council President Christiansen relayed that in order to override the veto, a 2/3 affirmative vote is necessary.
In light of the Mayor's veto of his previous motion, Mr. Lambert moved to reaffirm the motion as previously outlined and approved. The motion was seconded by Mrs. Malone and failed by a roll call vote of five (5) no, four (4) yes (Mr. Lambert, Mr. Tudor, Mr. Pitts and Mrs. Malone).
Mr. Hare moved that the Charter be amended to require that the City Manager report to the Mayor, which would change the form of government to a strong Mayor system, to become effective May 1994, pending approval of the General Assembly. The motion was seconded by Mr. Hutchison and carried by a roll call vote of five (5) yes, four (4) no (Mr. Lambert, Mr. Tudor, Mr. Pitts and Mrs. Malone).
Mr. Hare moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 9:53 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 27, 1993, are hereby approved.
AARON O. KNOPF
MAYOR
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