LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee meeting was held on August 14, 2006, at 6:00 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin, and Mr. Shevock. Mr. Shelton was absent. Members of Council present were Mr. Carey and Mr. Ruane. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONS

Mr. Slavin moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried.

Proposed Ordinance - Disruption of Funeral, Memorial Service or Funeral Procession

At the request of Councilman Carey, members reviewed a draft ordinance which would prohibit disorderly conduct near a funeral, memorial service, funeral procession, or burial and establishes penalties for such actions (Attachment #1).

Mr. Carey advised members that the federal government and the State of Delaware have adopted legislation which prohibits protesting at funerals. Noting that there was a recent incident in Seaford, Delaware, involving protestors at a military funeral, he suggested that it would be beneficial for the City of Dover to have a similar ordinance. Violation of the ordinance would result in a class A misdemeanor for the first offense and a class F felony for a second or subsequent offense. Mr. Carey indicated that Police Chief Horvath has reviewed and approved the ordinance.

Referring to correspondence received from the law firm of Young, Conaway, Stargatt & Taylor, Mr. Hogan suggested that the ordinance be reviewed by the City Solicitor prior to taking further action. Mr. Hogan also requested additional information regarding the Police Department’s Application for Parades and Assemblies.

Mr. Ruane questioned the need for a City ordinance, since there is State law in place to address the issue. If challenged on State law, the Attorney General and the State of Delaware would bear the burden to defend the suit. Mayor Speed indicated that the City would still be a party in any lawsuit brought against the State if the violation occurred within the City.

Mr. Hogan moved to table the matter pending a formal review by the City Solicitor, seconded by Mr. Slavin and unanimously carried.

Establishment of Capital Project Review Team

During the Special Council meeting of May 11, 2006, members unanimously referred to the Legislative, Finance, and Administration Committee the establishment of a Capitol Project Review Team to review the projects contained in the CIP in order to provide better projections.

Mr. DePrima advised members that the CIP was presented to Council members prior to the budget review process and again during the budget review process.

Mr. Hogan stated that he thought the intent was to monitor the CIP projects and their status. He noted that both the City Manager’s and the Finance Department’s Monthly Reports provide the updates on the various CIP projects.

It was the consensus of members that the CIP information be removed from the City Manager’s and the Finance Department’s reports and that a new CIP report be created, as recommended by staff.

The committee took no further action.

Mr. Slavin moved for adjournment, seconded by Mr. Shevock and unanimously carried.

Meeting Adjourned at 6:32 P.M.

                                                                                    Respectfully submitted,

                                                                                    Reuben Salters

Chairman

RS/hf

S:ClerksOfficeAgendas&MinutesCommittee-Minutes20068-14-2006 LF&A.wpd

Attachment to Original Minutes and File Copy

Attachment #1 - Proposed Ordinance Amendment - Chapter 70 - Offenses and Miscellaneous Provisions; Section 70-7 - Disruption of Funeral, Memorial Service or Funeral Procession