Este texto se extrajo de el PDF de forma automática y puede contener errores. El PDF es el registro oficial, así que consúltelo antes de confiar en esto.
3 páginas tienen poco o ningún texto legible aquí, a menudo por ser escaneos o dibujos. Para verlas, consulte el PDF.
Página 1
CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, May 24, 2022 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
Public comments are welcomed on any item and will be permitted at the appropriate time. When
possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you
wish to be recognized.
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/znqvgu
Event number: 2348 709 2076
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
1. Ethics Training (Deborah Moreau)
LEGISLATIVE, FINANCE, AND ADMINSITRATION COMMITTEE
ADOPTION OF AGENDA
1. Authorization of the Purchase of a Ladder Truck to Replace Ladder 2 (Chief David
Carey, Dover Fire Department)
(Staff recommendation: Approval of the purchase to replace Ladder 2 for $1,948,312)
2. Report on Police Substation in Downtown Dover (Chief Johnson)
(Staff recommendation: Increase Police Staffing to Authorized Strength of 111 from 106
cost is $511,149.48 annually)
1
Página 2
COUNCIL COMMITTEE OF THE WHOLE MEETING - May 24, 2022 PAGE 2
ADJOURNMENT OF THE LEGISLATIVE FINANCE AND ADMINISTRATION
COMMITTEE
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
2
Página 3
Item 1.
Public Integrity
Commission
in cooperation with the
City of Dover
presents
Ethics in Government
When a man [or woman] assumes a public trust, he
should consider himself as public property”.
3
Thomas Jefferson quoted from ‘Life of Jefferson’ by B..L. Raynor
Página 4
Item 1.
The reputation of a thousand years
may be determined by the conduct of
one hour.
Japanese proverb
4
Página 5
Item 1.
June 2016
5
Página 6
Item 1.
July 2017
6
Página 7
Ex-Wilmington Council President Theo Item 1.
Gregory admits to abusing office, receives
'public reprimand’.
Jeanne Kuang and Christina Jedra, Delaware News Journal
Published 6:00 a.m. ET April 26, 2019
Former Wilmington City Council President
Theo Gregory admitted to "abuse of office"
after the city ethics commission investigated
him for allocating $40,000 in council funds to
his own nonprofit - and personally pocketing
about half of it-on his way out of office.
$600,000 over the course of his government service
7
Página 8
Item 1.
Former Wilmington City Council
President Theo Gregory sentenced for
misconduct conviction
Feb. 15, 2022
8
Página 9
Item 1.
State Code vs. City Ordinance
• PIC review and approval
• May be more strict than State
Code
9
Página 10
Chapter 30 Item 1.
• Article I—General
• Article II—Standards of Conduct
• Article III—Ethics Commission
10
Página 11
Item 1.
Intent
Art. I Sec. 30-2(a)
• Applies to all elected and appointed officials,
employees
• High levels of ethical conduct
• Uphold the public trust
• Compliance with the letter and the spirit of
ethical standards—appearance of impropriety
11
Página 12
Purpose Item 1.
Art. I Sec. 30-2(b)
• Public trust
• Standards
• Public service
• Performance of duty
• Fairness
• Use of private information 12
Página 13
Item 1.
Code of Conduct
Art. II Sec. 30-20(a)
Treat public with respect, exceptional service; disputes
resolved at lowest level
Public office shall not be used to secure unwarranted
privileges, private advancement or gain.
Integrity; ethically providing public service
Disclose conflicts of interest
Cannot accept money or anything of value that is given in
exchange for promised performance of an official act
13
Página 14
Code of Conduct Item 1.
Art. II Sec. 30-20(b)
No Appearance of Impropriety
Don’t raise suspicion that you are engaging
in acts which are a violation of the public
trust and will not reflect favorably on the city
and its government. (Should I be doing this?)
14
Página 15
Item 1.
Code of Conduct
Art. II Sec. 30-20(c)
No other employment, gift, payment of
expenses, compensation, or anything of
monetary value if it may result in:
Impaired independence of judgment; or
Preferential treatment to any person; or
Official decisions outside official channels; or
Any adverse effect on public confidence in government
15
Página 16
Item 1.
Code of Conduct
Art. II Sec. 30-20(d)
No interest in a private enterprise or
any obligation in substantial conflict
with performing your public duties
16
Página 17
Conflict of Interest Item 1.
Art. II Sec. 30-20(e)(1)
■ No Personal or Private Interest That Tends
to Impair Judgment in Performing City Duties
■ Interests Which Will Impair Judgment
Financial benefit to self or a close relative
Benefit to a private enterprise if you or a close
relative have a financial interest
17
Página 18
Item 1.
Personal Interest
Prison Health Systems v. ARA
DOC
X Y Z
Wife
ARA
emp
18
Página 19
Personal Interest cont. Item 1.
Beebe v. Cert of Medical Needs Board
Mr. X
Beebe
Nanticoke
19
Página 20
Item 1.
You have a group of eight old college friends who spend an
annual boating weekend at the home of one the group. The host
and his wife pay for everything associated with the weekend.
This year, your host is additionally going to hold a fundraiser for
your city council reelection campaign during the boating
weekend. Six weeks before the event, you and the host are
discussing the fundraiser invitation list, when your friend casually
mentions that he plans to bid on a significant city contract for the
first time. Telling yourself your friend didn’t mean anything by it,
you pretend you didn’t hear and continue to plan the fundraiser
and boating weekend.
Is this a problematic conflict of interest?
Hana Callaghan, Director of Government Ethics for the Markkula Center for Applied Ethics 20
Jan. 25, 2016
Página 21
Item 1.
Because hockey was her favorite sport, Councilwoman Evers was thrilled to accept her
co-worker, Don Phillips, up on his offer to attend the All Star game. Phillips indicated
he had a free, extra ticket, and would meet her at the sports arena the night of the game.
When she arrived, she saw Phillips with Marc Eyre, president of the local cable
franchise. She assumed they had bumped into each other in the lobby and was surprised
when she realized she was joining Eyre in the cable company's box. Because the city
was beginning to negotiate a new cable contract she felt uncomfortable when the
executive sat next to her. In an attempt to be clear that this was a social event, the
councilwoman announced to her colleague and to Eyre that she had no plans to talk
about the cable contract. Even with that said, she found herself in the middle of a wide-
ranging discussion of the future of the telecommunications industry that skirted on the
city’s cable expansion.
After the game she went home and wrote to Eyre, asking for the cost of the ticket so
that she could reimburse the company, and copied her colleague. Both responded that
there was no cost - it was a free ticket that was part of the season privileges purchased
by the cable company. She felt betrayed by her colleague for setting her up and
frustrated that her attempts to pay for the ticket were thwarted.
Questions: Should Councilwoman Evers have left the game as soon as she found out
where she was sitting?
How should she now proceed? Judy Nadler, The Markkula Center for
Applied Ethics. July 2006. 21
Página 22
Item 1.
Conflict of Interest
Representation – Art. II Sec. 30-20(e)(2)
Do not represent or assist a private
enterprise before the City
Exception: You may assist a private enterprise
within the scope of official duties.
22
Página 23
Item 1.
Conflict of Interest
Seeking City Contracts – Art. II Sec. 30-20(e)(3)
■ Cannot contract with the City
■ Ownership of business—more than
10% in corp. on NYSE unless public
notice and bidding
Except: Employment Contracts
23
Página 24
Conflict of Interest Item 1.
Post-Employment – Art. II Sec. 30-20(f)
■ Two-year Restriction
Cannot represent/assist private enterprise on matters
involving the City if you:
Gave an opinion
Conducted an investigation
Were otherwise directly and materially responsible
■ Prohibition on use of confidential
information 24
Página 25
Item 1.
Code of Conduct
Art. II Chap. 30-20(h)
Abuse of Office (elected officials only)
Political contributions = legislation
Substantial interest in legislation (abstain)
Use of City property
Personal gain
25
Página 26
Item 1.
Sanctions
Art. II Sec. 30-20(j-k)
Criminal Sanctions - Up to 1
Year in prison or $10,000 Fine
Voidable contracts
Innocent 3rd parties
30 days
26
Página 27
Item 1.
Code of Conduct
Prohibited Conduct – Art. II Sec. 30-20(k)
Public office shall not be used to secure
unwarranted privileges, private
advancement or gain.
27
Página 28
Item 1.
Code of Conduct
Art. II Sec. 30-20(m)
You may not:
Engage in activities that might reasonably be
expected to require or induce you to disclose
confidential information;
Disclose confidential information beyond the
scope of employment;
Use confidential information for personal gain or
benefit.
28
Página 29
Item 1.
Code of Conduct
Art. II Sec. 30-20(n)
• No ex parte communications
29
Página 30
Item 1.
Code of Conduct
Art. II Sec. 30-20(o)
Do not use the granting of sexual
favors, either explicitly or implied,
as a condition for an individual’s
favorable treatment.
30
Página 31
City of Dover Item 1.
Ethics Commission
Art. III Chap. 30-71(a-e)
• 5 members, 5 year term
• May not hold any other government
office
• No compensation
31
Página 32
Powers & Duties Item 1.
Art. III Sec. 30-72(a)(1-10)
Recommend new rules
Advisory Opinions
Referrals to Solicitor
Report Crimes
Maintain records of Commission’s opinions
Set procedures
Subpoena witnesses
Take evidence, subpoena the production of books, papers,
records
Assist City personnel in administering the Code of Ethics
Request assistance from City agencies 32
Página 33
Complaints Item 1.
Art. III Sec. 30-73(a)
•Any person may submit a complaint
In writing, signed, address
Time limitations (1 year occurrence, 60 days
knowledge)
•No ex parte communications-City Clerk
•Must be screened within 14 days
•Enforcement intended to be corrective unless a repeat
offense
•Set for a hearing
33
Página 34
Complaints Item 1.
Art. III Sec. 30-73
Actions
Reprimand
Discipline
Recommend removal
Recommend fine
Confidential unless violation or
request
34
Página 35
Item 1.
35
Página 36
Item 1.
ACTION FORM
PROCEEDING:
DEPARTMENT OF ORIGIN: Fire/Robbins Hose DATE SUBMITTED: May 18, 2022
PREPARED BY: David Carey, Fire Chief
SUBJECT: Replacement of Ladder 2
REFERENCE: Capital Investment Plan, FY23/24 Budget
RELATED PROJECT: N/A
REVIEWED BY:
EXHIBITS:
EXPENDITURE REQUIRED: $1,948,312.00
AMOUNT BUDGETED: $1,800,000 ($195,000 annual payments over 10 years)
FUNDING SOURCE (Dept./Page in CIP & Budget): Fire Department City Budget
TIMETABLE: Upon Approval the Apparatus will be ordered, Estimated Delivery would be August 2023.
STAFF RECOMMENDATION: Council Committee as a Whole and City Council Approval
BACKGROUND AND ANALYSIS
In accordance with the CIP for fiscal year 2022/2023, the Robbins Hose Company is requesting the replacement of
Ladder 2, which is 2005 Pierce Lance Rear Mount Tower Ladder. Ladder 2 is 17 years old and was originally on a
15-year replacement program in accordance with the National Fire Protection Association. (NFPA) standards. Due to
the lead time in the delivery of such apparatus and budget constraints within the City of Dover, the Fire Chief would
like the approval to order the replacement ladder truck and defer the FY22/23 payment of the apparatus to the FY
23/24 budget. By ordering the apparatus now, this will reduce the apparatus replacement cost by avoiding at least a
14 percent increase to the city while still maintaining an optimum fleet of fire apparatus to serve the Citizens of
Dover. Ladder 2 has served the Robbins Hose Company and the citizens of Dover well. However, due to its age we
are having extended downtimes for maintenance which reduces the fire protection for the Citizens of Dover. Also,
due to its age we are concerned about possible major repairs which are currently not budgeted.
Fire Chief Carey appointed a committee to create a spec based off the current and future needs of the fire department
with fire suppression and safety upgrades to the apparatus. The bid specifications for the Ladder truck were reviewed
by the City of Dover Procurement Officer, Barry Wolfgang who developed a Request for bid though the city. The
bid for the specification came in at $1,948,312.00, which brings the truck over budget $148,312.00 per the city‘s
projected budget (CIP) of 1,800,000.00 to finance. We believe the price increase is due to the current inflation
across the USA. There is an option of purchasing a Demo that would fall within the budgeted amount that could be
delivered in August 2023, that would meet the needs of the fire department.
The Fire Department will work to ensure that the new Ladder truck will come within the budgeted amount. Interest,
Finance, and fees will be added to the amount when the loan is established. The apparatus will be financed with a
ten-year bank qualified tax-exempt loan. Annual payments will be reflected in future budgets. A Bond Resolution
will be presented to the City Council prior to the apparatus' delivery.
The Fire Chief wants council to be aware of the following safety upgrades that are included in this specification that
is not currently on Ladder 2 and were not available at the time when Ladder 2 was purchased: Advanced ABS
braking System, Tire Pressure Management System, Seat Belt Alarms, Side Roll Protection, LED warning lights on
the cab doors (exit), Vehicle Data Recorder (black box), Insta Chains, Frontal and Side Impact Air Bags for the
protection of our firefighters and a camera system recording all events.
36
Página 37
Sub-Station Estimated Costs Item 2.
Any police function beyond simple clerical activity is likely to
have associated regulations that will increase the overall costs.
Rent/Utilities
Rent is negotiable with owner.
Utilities minimum of $250 monthly
Miscellaneous Costs
-Repairs/Maintenance/Cleaning
-Office/Building Supplies
-Mandatory Regulations (FBI/CALEA)
-Internet/Phone
-Additional Items/Improvements (Signage)
Work Stations/Computers
Approx. $7,000 per station
Includes furnishings/required technology
Surveillance Cameras
Estimated to cost $7,500 for 3 units*
*Additional Cameras may be needed
Security/Key Card Controls
Estimated to cost $5,000-$10,000 for exterior*
*some interior doors may require key card controls
Ballistic Glass and Doors
Estimated to cost $70,000+
Staffing (5 Officers) Only cost to increase
Increase to Authorized Strength of 111 from 106 staffing without
sub-station
$511,149.48 annually
37