COUNCIL COMMITTEES

The Council Committees Meeting was held on February 9, 1998 at 6:30 p.m., with Council President Christiansen presiding. Members of Council present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Salters, Mr. Weller and Mayor Hutchison. Mr. Carey was absent.

AGENDA ADDITIONS/DELETIONS

Mr. Leary moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.

LEGISLATIVE AND FINANCE COMMITTEE

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

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 has 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.

It is recommended that the Committee recommend approval of the proposed changes to Sections 2-15 H(1) and 2-15.1 (Judicial Review) and that the committee recommend that the State Public Integrity Commission make an exception to permit the language in Section 2-15 (D) (2) to remain as written.

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.

Mr. Leary moved to recommend approval of the proposed changes to Sections 2-15 H(1) and 2-15.1 (Judicial Review) and that the committee recommend that the State Public Integrity Commission make an exception to permit the language in Section 2-15 (D) (2) to remain as written. The motion was seconded by Mrs. Malone and unanimously carried. (It is noted that this ordinance will not be brought before Council for final action until a decision has been rendered by the State’s Public Integrity Commission.)

Purchase of One Ton Crew Cab Dump Truck

The Grounds Division is 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.

Staff recommended that the committee authorize purchase of the vehicle from the State bid in the amount of $25,599.80.

Mr. Weller asked for the meaning of the term Bid Specification “L”. Mr. O’Connor explained that Specification L in the State Bid List designates the type of vehicle, which includes all specifications for the vehicle as it was bid out to prospective suppliers.

Mr. Leary moved to recommend that staff be authorized to purchase a one ton crew cab dump truck, utilizing the State bid, in the amount of $25,599.80, seconded by Mrs. Malone and unanimously carried.

Meeting Adjourned at 6:40 P.M.

UTILITY COMMITTEE

The Utility Committee met with Chairman Lambert presiding. Members present were Councilmen Pitts and Carey and Mr. Kramedas. Mr. Farling was absent. Mr. Salters was deputized as a member of the committee in Mr. Farling’s absence.

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.

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.

Mr. Salters moved to recommend 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. The motion was seconded by Mr. Kramedas and unanimously carried.

Meeting Adjourned at 6:50 P.M.

MISCELLANEOUS

Mr. Weller reported that he has met with Mr. Mark Dunkle representing the developers of the Village of Cannon Mills who have requested that the City make a formal request to DelDOT for the installation of a traffic light at the intersection of Route #8 and Mifflin Road.

Mr. Leary suggested that this matter be considered by the Safety Advisory Committee during its next meeting. Mr. Salters requested that the Safety Advisory Committee also review a previous request for a pedestrian/traffic light on Forest Street, in front of West Dover Elementary School.

                                                                                    Respectfully submitted,

                                                                                    Robin R. Christiansen

                                                                                    Council President

RRC/DJB