COUNCIL COMMITTEES

The Council Committees Meeting was held on August 25, 2003, at 6:30 p.m., with Council President McGlumphy presiding. Members of Council present were Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Truitt, Mr. Ritter, Mr. Speed, Mr. Salters, Mr. Ruane, and Mayor Hutchison.

AGENDA ADDITIONS/DELETIONS

Mr. Speed moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE

The Legislative and Finance Committee met with Chairman Speed presiding. Members present were Mr. Ritter, Mr. Ruane, Mr. Gorman, and Mr. Shelton.

Discussion - Proposed Ordinance Amendments to Chapter 2 - Administration, Article VIII - Committees (Council Standing Committees)

Mrs. Green, City Clerk, advised members that during the past couple of years, there has been discussion regarding the work required of Council Standing Committees, their assignments, and how improvements could be made in this regard. As in many communities, the City has grown and changes have occurred. As a result, it has been suggested that the City review its current Standing Committees for possible revisions. Mrs. Green provided background information and explained that there is some confusion among staff members, as well as Council, as to how the various Committee items are assigned to particular Committees. In addition, she stated that there were some inquiries regarding the Transportation Review Committee serving as a Council Standing Committee. In order to alleviate some of the concerns regarding agenda items for the City’s Standing Committees, it was suggested that staff review for possible amendments. Based on detailed research, Mrs. Green developed proposed alternative revisions to the City’s Standing Committees for the committee’s review.

Mr. Ruane stressed the importance of the Transportation Review Committee and advised members of the advantages as a result of this committee. He also stated that the volunteer members have contributed a great deal and favors members being compensated. Mr. Ruane indicated that currently the Transportation Review Committee meets once a month and that, due to the length and subject matters reviewed by this committee, he would discourage their meetings being held the same night as the current Council Standing Committees.

Responding to Mr. Ritter, Mrs. Green indicated that the Transportation Review Committee was established by a Resolution; prior to the Resolution it was an ad-hoc committee.

Mr. Salters applauded Mr. Ruane for the dedication he has given to the Transportation Review Committee and believes that it should be made a Council Standing Committee and, in order for the Council to maintain a handle on various issues, he suggested that the Transportation Review Committee should meet at the same time as the current Council Standing Committees.

Mr. DePrima stated that the value of the Transportation Review Committee has grown, and because of that, staff and Council are better informed on traffic issues. In addition, this committee serves as a critical link with the Kent County MPO.

Mr. Richard L. Ornauer, 17 Mifflin Road, stated that the Transportation Review Committee plays a very important role in City government. It effects various transportation issues and offers specific recommendations to Council. He advised members that the Transportation Review Committee is accredited with assisting the City with various projects, including the following: prioritized various DelDOT and MPO projects that affect the City; reviewed Chapter 8 - Transportation of the City of Dover Comprehensive Plan; endorsed the need to merge the City’s 18 traffic lights with DelDOT’s Deltract System; convinced the Delaware Transportation Corporation to experiment with hybrid bus service to provide weekend and evening service; fostered studies regarding the SR1/SR8 Interchange with DelDOT; met with various agencies regarding parking/transportation issues; removed confusing road signage on North Street; and endorsed House Bill 111 to lower the BAC levels in Delaware, resulting in the securement of Federal Highway Funds. Mr. Ornauer urged members to support making the Transportation Review Committee a Council Standing Committee.

Mr. Gorman moved to recommend an ordinance amendment to incorporate the Transportation Review Committee as a Council Standing Committee, the motion was seconded by Mr. Ruane and unanimously carried.

Mr. Speed indicated that it was necessary to better define the responsibilities of the Council Standing Committees. He noted that items effecting the Mayor and Council budgets were not included under any of the committees and recommended that those items be referred to the Legislative and Finance Committee. In addition, he requested that the City Manager’s Office, and any other missing departments or any new department, be assigned to this committee.

For clarification, Mr. Ruane noted that each of the committee’s “Functions” note that they “shall act as an advisory board...” and suggested that they be amended by replacing “board” with “committee”.

Mr. Ritter moved to recommend adoption of the proposed ordinance amendments to Chapter 2 - Administration, Article VIII - Committees, of the Dover Code, including the recommendations of Mr. Speed and Mr. Ruane (Attachments #1A - #1E). The motion was seconded by Mr. Shelton and unanimously carried.

Proposed Ordinance Amendments - Doubling of Fines Not Paid Within 14 Days (amendments to several Sections of the Dover Code)

During their Regular Meeting of July 14, 2003, City Council considered recommendations of the Financial Oversight Committee which pertained to ordinance amendments within the Police Department. Council approved the committee’s recommendation to allow fines to double if they were not paid within 14 days. It was noted that if the Council felt that the recommendations had merit, the proper ordinance amendments would be resubmitted to the committee and Council for further review. Since the City’s fines are scattered throughout the Code, the City Solicitor was requested to draft the appropriate ordinance amendments. As a result, the City Solicitor presented proposed ordinance amendments that would allow fines to double if not paid within 14 days for consideration.

Responding to Mr. Ritter, Mr. DePrima was unsure of the Police Department’s current procedure for fines received after the due date; however, the Planning and Inspections Department would work with individuals and allow more time if a good faith effort was being made to pay the fine.

Mr. Salters shared reservations on supporting the proposed amendment and suggested increasing the time from 14 days to 30 days. Mr. DePrima stated that the original recommendation was 10 days and the committee recommendation was to increase the time to 14 days to compensate for an individuals paycheck period.

Mr. Ruane moved to recommend adoption of the proposed ordinance amendments to allow for fines to double if not paid within 14 days (Attachment #2). The motion was seconded by Mr. Gorman and carried with Mr. Ritter voting no.

Proposed Ordinance Amendment - Section 1-10 - General Penalty for Violation of Code; Separate Offenses

Mrs. Green, City Clerk, provided a proposed amendment to Section 1-10 of the Dover Code that would increase the maximum fine amount from $100 to $1,000. She explained that when Section 17 of the Charter was amended to provide for a maximum penalty for violation in the amount of $1,000, the change was not made to the Code. In order to coincide with Section 17, Ordinances - Authorized; Maximum Penalty, staff recommended approval of the ordinance amendment to Section 1-10, General Penalty for Violation of Code; Separate Offenses.

Mr. Gorman moved to recommend adoption of the proposed ordinance amendment to Section 1-10 of the Dover Code to increase the maximum fine amount to $1,000.00 (Attachment #3). The motion was seconded by Mr. Ruane and unanimously carried.

Acceptance of Revised Census Data

Members were reminded that as a result of a review and analysis of the 2000 Census Block Data, the Planning staff detected 34 block area discrepancies. During their Regular Meeting of February 11, 2002, City Council authorized the City Planner to pursue corrective action through the Count Question Resolution process for the various census blocks that were identified as having a high probability of error.

As a result of the Count Question Resolution, the U.S. Census Bureau revised the block level data for the City of Dover. Members were provided this data as well as a map for their review. Staff recommended acceptance of the revised census data and that it be referred to the Election Board for Realignment of Council Districts.

Mr. Ritter requested that staff develop a PowerPoint Presentation that would depict the areas in which a correction was made. Responding, Mr. DePrima informed members that the Planning and Inspections Department could offer a graph presentation of the revised data; however, they would not be able to explain the changes or why the changes made by the Census Bureau occurred. He also reminded members that the Planning and Inspections Department is currently working on high priority projects and of the current “under staff” situation; therefore, felt that it would take time before such a presentation would be made. Mr. DePrima suggested that members move forward with accepting the revised data at this time, with the understanding that a presentation would be forthcoming.

Mr. Ruane moved to recommend adoption of the Revised Census Data from the U.S. Census Bureau, seconded by Mr. Gorman and unanimously carried.

Mr. Gorman moved for adjournment of the Legislative and Finance Committee, seconded by Mr. Ruane and unanimously carried.

Meeting Adjourned at 7:23 P.M.

Mr. Speed moved for adjournment, seconded by Mr. Ritter and unanimously carried.

Meeting Adjourned at 7:24 P.M.

                                                                                    Respectfully submitted,

                                                                                    William P. McGlumphy

                                                                                    Council President

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Attachments on File in the City Clerk’s Office

Attachment #1A - #1E - Proposed Ordinance Amendments to Chapter 2, Article VIII - Committees

Attachment #2 - Proposed Ordinance Amendments to allow for fines to double if not paid within 14 days (several sections of the Code)

Attachment #3 - Proposed Ordinance Amendment to Section 1-10 - General Penalty for Violation of Code; Separate Offenses