CCW PACKET

COUNCIL COMMITTEE OF THE WHOLE AGENDA JUNE 26, 2018 - 5:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE UTILITY COMMITTEE 1. ETHICS TRAINING SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. DELAWARE BICYCLE COUNCIL GRANT FOR A FEASIBILITY STUDY - MULTI-PURPOSE PATH LINKING MALLARD POND PARK TO FOX HALL WEST (THE BICYCLE/PEDESTRIAN SUBCOMMITTEE RECOMMENDS THAT THE CITY APPLY FOR THE GRANT AND THAT MRS. CYR INQUIRE ON A QUOTE PRICE OF CONDUCTING THE FEASIBILITY STUDY, TO BE INCLUDED IN THE PRESENTATION TO COUNCIL) 2. IMPROVEMENTS TO DIVISION STREET - IMPACT ON CIRCULATION (DIX) 3. ADJOURNMENT OF SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING ADJOURNMENT OF COUNCIL COMMITTEE OF THE WHOLE MEETING /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2018\06-26-2018 CCW AGENDA. WPD 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.

Ethics Quiz 1. True or False: Most adults have solid, well-founded ethical beliefs that can be changed only by new evidence or reasoned arguments. 2. True or False: I am more ethical than my peers. 3. John is the captain of a submarine. An explosion has caused the sub to lose most of its oxygen supply and has injured a crewman who is bleeding badly and is going to die from his wound no matter what happens. The remaining oxygen is not sufficient for the entire crew to make it to the surface. The only way to save the other crew members is for John to shoot dead the injured crewman now. Then there will be just enough oxygen for the rest of the crew to survive. Is it morally acceptable for John to shoot the injured crewman? 4. True or False: Sally is a tourist in New York City. Late at night she is confronted by a vicious mugger on a side street. Sally starts screaming for help. Sally is better off if there are 20 bystanders close by rather than only one. 5. True or False: If you were in a job interview and an interviewer started asking you sexually inappropriate questions, you would stand up and walk out of the interview. 6. True or False: You are driving and come upon a terrible collision between two cars that just happened. Both cars are on fire and will soon be consumed with flames, killing the occupants. You realize with horror that your brother is unconscious in one of the cars, while two strangers are unconscious in the other. You have time to save the occupants of only one of the cars. The moral thing for you to do is to save the two strangers. Created by: Robert A. Prentice, University of Texas at Austin

Public Integrity Commission in cooperation with the City of Dover presents Ethics in Government “Divorced from ethics, leadership is reduced to management and politics to mere technique”. James MacGregor Burns

The reputation of a thousand years may be determined by the conduct of one hour. Japanese proverb

June 2016

July 2017

Seven steal from SNAP, says state Seven state employees indicted in $950,000 theft June 2016 Dover Post

State Code vs. City Ordinance • PIC review and approval • May be more strict than State Code

Chapter 30 • Article I—General • Article II—Standards of Conduct • Article III—Ethics Commission

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

Purpose Art. I Sec. 30-2(b) • Public trust • Standards • Public service • Performance of duty • Fairness • Use of private information

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

Code of Conduct 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?)

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

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

Conflict of Interest 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

Personal Interest Prison Health Systems v. ARA DOC X Y Z Wife ARA emp

Personal Interest cont. Beebe v. Cert of Medical Needs Board Mr. X Beebe Nanticoke

Personal Interest cont. Brice v. DOC Christiano Ma son David Sestito Outten’s Sec Nephew 3 Coleman Highest score 7 Brice 5

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.

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

Conflict of Interest 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

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

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

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.

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.

Code of Conduct Art. II Sec. 30-20(n) • No ex parte communications

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.

City of Dover Ethics Commission Art. III Chap. 30-71(a-e) • 5 members, 5 year term • May not hold any other government office • No compensation

Powers & Duties 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

Complaints 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

Complaints Art. III Sec. 30-73 Actions Reprimand Discipline Recommend removal Recommend fine Confidential unless violation or request

Chapter 30 - STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION[1] Footnotes: --- (1) --- Editor's note— Ord. No. 2017-14 , adopted December 11, 2017, repealed ch. 30, §§ 30-31—30-35 and 30-71—30-74 and enacted a ch. 30 as set out herein. Former ch. 30 pertained to similar subject matter and derived from the Code of 1981; an Ord. adopted July 13, 1998; and Ord. No. 2010-23, adopted August 23, 2010. ARTICLE I. - IN GENERAL Sec. 30-1. - Applicability. This chapter shall be applicable to all elected and appointed officials and all employees of the city. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-2. - Statement of intent and purpose. (a) Intent. The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public has confidence in the integrity of its government. It is the intent of the city that all elected and appointed officials and all employees of the city adhere to high levels of ethical conduct, honesty, integrity and accountability to assure that the public has confidence in all aspects of city government and the city officials that exercise discretionary powers. These standards of ethical conduct are intended to uphold the public trust in the persons in positions of public responsibility who are acting for the benefit of the public. All elected and appointed officials and all employees of the city shall comply with both the letter and the spirit of the standards of ethical conduct and strive to avoid situations that create impropriety or the appearance of impropriety. The standards define and discourage certain actions that may create impropriety or the appearance of impropriety that undermine public trust in elected and appointed public officials and employees. (b) Purpose . The standards of ethical conduct should promote public confidence in the integrity of city officials; state principles of conduct and ethics which are to be applied in public service; inform the public of the standards to which their city officials are expected to adhere; and help motivate city officials and public employees to pursue productive conduct and ethical ideals which exceed minimum standards. The city council finds and declares as matters of public policy goals and objectives for all city employees and elected and appointed officials, the following: (1) Public trust. In our democratic form of government, the conduct of officials and employees of the city must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated. (2) Standards. To ensure propriety and to preserve public confidence, officials and employees of the city must have the benefit of specific standards to guide their conduct and disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties. (3) Public service. In our democratic form of government, it is both necessary and desirable that all citizens should be encouraged to assume public office and employment, and that, therefore, the activities of officials and employees of the city should not be unduly circumscribed.

(4) Performance of duty. Elected city officials are obligated to uphold the fundamental legal principles of our system of government, as set forth in the United States Constitution, the state constitution, and the city Charter, as well as all applicable provisions of federal, state and local law and court decisions. They are bound to do so, and the failure to so act shall constitute malfeasance in office. (5) Fairness. City officials and employees shall strive for the highest standard of fairness in all of their activities and shall not grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. (6) Use of private information. In the course of their official responsibilities, city officials and employees are often privy to categories of information which are of a private nature and are legally protected from public disclosure. City officials and employees shall maintain the privacy of such information, and they shall not take advantage of such information for personal gain, or the personal gain of friends or family. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-3. - Acknowledgment of policies; required disclosures, and required annual training. In order for the mayor, councilmembers, mayoral and council appointees, and city employees to better serve the constituents of the city in an open, transparent fashion and to further be held accountable, the following actions shall be taken by each of the designated persons: (a) Acknowledgment of policies . Each elected and appointed official and all city employees shall be furnished copies of Chapter 30—Standards of Ethical Conduct and Ethics Commission, either electronically or, if requested, in hard copy, before entering upon the duties of their office or employment and shall sign a written acknowledgment of receipt of the copy. The documents shall be read, reviewed, and signed by all appointees by the time of their appointment or re- appointment. (b) Financial disclosure report. Any city employee or elected or appointed official who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, any city agency (and any city official who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, the city agency on which he serves as an appointee) shall file a financial disclosure report with the ethics commission fully disclosing the same. Such disclosure shall be confidential and the ethics commission shall not release such disclosed information, except as may be necessary for the enforcement of this chapter. The filing of such financial disclosure report shall be a condition of commencing and continuing employment or appointed status with the city. The financial disclosure report shall be submitted by August 1 of each calendar year. (c) Disclosure of interest in legislation. (1) A councilman who has a financial or other private interest in any legislation shall disclose on the records of the council or other appropriate authority the nature and extent of such interest. This provision shall not apply if the councilman disqualifies himself from voting on such legislation. (2) Any other city official or employee who has a financial or other private interest in any legislation and who participates in discussion with or gives an official opinion to the council shall disclose on the records of the council or other appropriate authority the nature and extent of such interest. (3) Any city employee or city officer who has a financial interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business with, any city agency, shall file with the ethics commission a written statement fully disclosing the same. Such disclosure shall be confidential and the ethics commission shall not release such disclosed information, except as may be necessary for the enforcement of this subchapter. The filing

of such disclosure statement shall be a condition of commencing and continuing employment or appointed status with the city. (4) Required annual training . All city employees and elected and appointed officials shall undergo and receive annual training on the city's ethics policies and procedures. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-4. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Close relative means a person's parents, spouse, children (natural or adopted), and siblings of the whole and half-blood. Commission and ethics commission mean the city ethics commission as established by this chapter. Compensation means any money, thing of value, or any other economic benefit of any kind or nature whatsoever conferred on or received by any person in return for services rendered or to be rendered by the official or employee, or by another. Employee includes all persons who receive compensation as an employee of the city or a city agency, and shall not include persons that are elected or appointed to serve as mayor, city councilmember or a member of any city committee, commission or board, whether paid or unpaid. Financial interest. A person has financial interest in a private enterprise if: (1) He has a legal or equitable ownership interest in the enterprise of more than ten percent (one percent or more in the case of a corporation the stock of which is regularly traded on an established securities market); (2) He is associated with the enterprise and received from the enterprise during the last calendar year, or might reasonably be expected to receive from the enterprise during the current or the next calendar year, income in excess of $5,000.00 for services as an employee, officer, director, trustee, or independent contractor; or (3) He is a creditor of a private enterprise in an amount equal to ten percent or more of the debt of that enterprise (one percent or more in the case of a corporation the securities of which are regularly traded on an established securities market). Matter means an application, petition, request, business dealing, contract, subcontract, or any other transaction of any sort with the city. Official means any elected or appointed official of the city and all members of any committee, commission or board appointed by the mayor of the city or appointed by the city council. Official responsibility means any direct administrative or operating authority at any level, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, recommend or otherwise direct action on behalf of the city. Personal or private interest means an interest in a matter which tends to impair the independent judgment of an official or employee in the performance of his duties with respect to that matter. Private enterprise means any activity conducted by any person, whether conducted for profit or not for profit, and includes the ownership of real or personal property. The term "private enterprise" does not include any activity of the city, of any political subdivision, or of any agency, authority, or instrumentality thereof. Public official. All elected and appointed officials and all employees of the city. (Ord. No. 2017-14 , 12-11-2017)

Sec. 30-5—30-19. - Reserved. ARTICLE II. - STANDARDS OF ETHICAL CONDUCT. Sec. 30-20. - Established. High ethical standards among public officials and employees are essential to gain and maintain the confidence of the people, because such confidence is essential to the conduct of free government. Public officials and employees are agents of the people and hold office for the benefit of the public. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully and impartially the duties of their offices, regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach. These standards of ethical conduct are adopted in order to secure this desired high level of public trust, ensure the impartiality of public officials and employees, and impose standards of accountability. (a) General responsibilities of officials and employees. (1) Officials and employees have the common obligation of serving the public. In performing their duties, they shall treat the public and each other with respect, concern, and responsiveness, recognizing that their common goal of exceptional public service can only be achieved by working together. Disputes that arise among public servants shall be resolved at the lowest possible level; keeping in mind that public money spent on resolving these disputes is money not spent on important public needs. (2) Officials and employees shall treat their position as a public trust, with a fiduciary duty to use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests. (3) Officials and employees shall conduct themselves in a manner that justifies the confidence placed in them by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service. (4) Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct. At all times, reasonable efforts shall be made to avoid undue influence and abuse of office in public service. (5) No official or employee may request or receive, and no person may offer any money, thing of value or promise thereof, other than any city pay received, that is conditioned upon or given in exchange for promised performance of an official act. (b) Appearance of violation. Each city employee and official shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is engaging in acts which are in violation of his public trust and which will not reflect unfavorably upon the city and its government. (c) Private interest; gifts. No city employee or official shall have any interest in any private enterprise, nor shall he incur any obligation of any nature which is in substantial conflict with the proper performance of his duties in the public interest. No city employee or official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following: (1) Impairment of independence of judgment in the exercise of official duties; (2) An undertaking to give preferential treatment to any person; (3) The making of a governmental decision outside official channels; or (4) Any adverse effect on the confidence of the public in the integrity of the government of the city.

(d) Interest in private enterprise. No city employee or official shall acquire a financial interest in any private enterprise which he has reason to believe may be directly involved in decisions to be made by him in an official capacity on behalf of the city. (e) Prohibitions relating to conflicts of interest . No councilman or other official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association provided, that upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter. (1) Restrictions on exercise of official authority. a. Prohibited participation. No city employee or official may participate on behalf of the city in the review or disposition of any matter pending before the city in which he has a personal or private interest, provided that, upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter. A personal or private interest in a matter is an interest which tends to impair a person's independence of judgment in the performance of his duties with respect to that matter. b. Impairment of judgment. A person has an interest which tends to impair his independence of judgment in the performance of his duties with respect to any matter when: i. Any action or inaction with respect to the matter would result in a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or ii. The person or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by any action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise. c. Statutory responsibility. In any case where a person has a statutory responsibility with respect to action or inaction on any matter where he has a personal or private interest and there is no provision for the delegation of such responsibility to another person, the person may exercise responsibility with respect to such matter, provided that, promptly after becoming aware of such conflict of interest, he files a written statement with the ethics commission, fully disclosing the personal or private interest and explaining why it is not possible to delegate responsibility for the matter to another person. (2) Restrictions on representing another's interest before the city. a. Prohibited. No city employee or official may represent or otherwise assist any private enterprise with respect to any matter before the city. b. Exception. This subsection shall not preclude any city employee or official from appearing before the city or otherwise assisting any private enterprise with respect to any matter in the exercise of his official duties. (3) Restriction on contracting with the city. a. Prohibited. No city employee or official shall benefit from any contract with the city, nor solicit any contract, and shall not enter into any contract with the city (other than an employment contract).

b. Ownership of enterprise. No private enterprise in which a city employee or official has a legal or equitable ownership of more than ten percent (more than one percent in the case of a corporation the stock of which is regularly traded on an established securities market) shall enter into any contract with the city (other than an employment contract) unless such contract was made or let after public notice and competitive bidding. (f) Postemployment restrictions. No person who has served as a city employee or official shall represent or otherwise assist any private enterprise on any matter involving the city, for a period of two years after termination of his employment or elected or appointed status with the city, if he gave an opinion, conducted an investigation or otherwise was directly and materially responsible for such matter in the course of his official duties as a city employee or official, nor shall any former city employee or official disclose confidential information gained by reason of his public position, nor shall he otherwise use such information for personal gain or benefit. (g) Unauthorized disclosure of confidential information. No person shall disclose any information required to be maintained confidential by the ethics commission under section 30-3(b), 30-73 or 30-74. (h) Abuse of office. (1) Political contributions. No elected city official shall agree to sponsor legislation, or to influence in any manner the formulation or passage of legislation, in exchange for political contributions or promises thereof. (2) Substantial interest. No elected city official shall vote for, or promote in any manner whatsoever, legislation affecting any subject matter in which he has a substantial interest. Any such interest shall be disclosed by said elected official prior to a vote on any such legislation, and said elected official shall vote "abstain" when called upon to vote. (3) Use of city property. No city official or employee shall request or permit the use of city- owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided for the use of such official or employee in the conduct of official business as a matter of municipal policy. (4) Personal gain. No city official or employee shall utilize the influence of his office or position for personal pecuniary gain, or to avoid the legal consequences of his personal conduct. (i) Criminal sanctions. (1) Penalties. Any person who knowingly or willfully violates any provision of this section shall be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more than one year and by a fine as provided for in Appendix F—Fees and Fines. (2) Time limitations. A prosecution for a violation of this section shall be subject to the time limitations of 11 Del. C. § 205. (j) Contracts voidable by court action. In addition to any other penalty provided by law, any contract entered into by any city agency in violation of this chapter shall be voidable by the city agency; provided that in determining whether any court action should be taken to void such a contract pursuant to this subsection, the city agency shall consider the interests of innocent third parties who may be damaged thereby. Any court action to void any transaction must be initiated within 30 days after the city agency involved has, or should have, knowledge of such violation. (k) Private gain. No city employee or official shall use his public office to secure unwarranted privileges, private advancement or gain. (l) Confidential information; prohibited activity. No city employee or official shall engage in any activity beyond the scope of his public position which might reasonably be expected to require or induce him to disclose confidential information acquired by him by reason of his public position.

(m) Disclosure of information. No city employee or official shall, beyond the scope of his public position, disclose confidential information gained by reason of his public position, nor shall he otherwise use such information for personal gain or benefit. (n) Ex parte communications . No official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of himself or herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests. Any written ex parte communication received by an official or employee in matters where all interested parties should have equal opportunity for a hearing shall be made part of the record by the recipient. Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also made a part of the record. A communication concerning only the status of a pending matter is not regarded as an ex parte communication. (o) Sexual favors. No city employee or official, in the course of his public responsibilities, shall use the granting of sexual favors as a condition, either explicit or implicit, for an individual's favorable treatment by that person or a city agency. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-21—30-70. - Reserved. ARTICLE III. - ETHICS COMMISSION Sec. 30-71. - Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel. (a) Established; composition; removal. The city ethics commission is hereby established to administer and implement this chapter. The ethics commission shall consist of five members appointed by the mayor and confirmed by the city council. No member of the commission shall hold any elected or appointed office under the government of the United States or the state, county, or city. Members of the ethics commission may be removed by the mayor, with the concurrence of the city council, for substantial neglect of duty, gross misconduct in office or a violation of this chapter. (b) Terms of office; vacancies. A member of the ethics commission shall be appointed for a term of office of five years and until his successor has been appointed and has qualified. The members shall be appointed for staggered terms of office, and until their successors have been appointed. When a vacancy occurs in the membership of the ethics commission, it shall be filled by appointment for the unexpired portion of the term in the same manner as the original appointment. (c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its membership. Three members of the ethics commission shall constitute a quorum and, if a quorum is present, a vacancy on the ethics commission shall not impair the right of the remaining members to exercise all the powers of the ethics commission. Disciplinary hearings may be conducted and sanctions may be imposed only by the affirmative action of at least three members; otherwise, the ethics commission may delegate authority to the chairperson to act for the ethics commission between meetings. (d) Compensation. Members of the ethics commission shall receive no compensation.

(e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission and shall be the legal representative of the ethics commission in connection with its duties hereunder, on a case- by-case basis, or determine that outside counsel is needed and obtain such outside counsel for a particular matter. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-72. - Powers and duties. (a) The powers and duties of the ethics commission shall be: (1) Standards of ethical conduct. To recommend to the mayor and council, from time to time, such rules of conduct for public employees and officials as it shall deem appropriate. (2) Advisory opinions. To issue written advisory opinions, upon the request of any city employee or official, as to the applicability of this chapter to any particular factual situation. (3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged violation of this chapter and, after notice and hearing, to recommend such disciplinary action as it may deem appropriate to such appropriate official or agency as the ethics commission shall determine, or to take such other disciplinary action as authorized by section 30-73(o) or other provisions of the city Charter or this Code. The ethics commission may dismiss, without reference to the city solicitor, any complaint which the ethics commission determines is frivolous or fails to state a violation. (4) Report of crimes. To report to the appropriate federal, state or city authorities any substantial evidence of a violation of any criminal law which may come to its attention in connection with any proceeding, whether advisory or disciplinary. (5) Records. To maintain a file of its proceedings, waiver decisions and advisory opinions with a view toward achieving consistency of opinions and recommendations subject to the confidentiality requirements of sections 30-74 and 30-73(s). (6) Procedures. To follow the procedural rules specified in section 30-73 and to establish such other procedural rules as shall be consistent with the rules prescribed therein. (7) Witnesses, evidence. To subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require, by subpoena, the production of books, papers, records or other evidence needed for the performance of the ethics commission's duties or exercise of its powers. (8) Assistance to city personnel. To provide assistance to any city employee, official or agency in administering the provisions of this chapter. (9) Provide information. To prepare any necessary reports and studies to advance the purpose of this chapter, to provide any necessary materials explaining the duties of individuals covered by this chapter, and to supply instructions and public information materials to facilitate compliance with, and enforcement of, this chapter. (10) Request city agencies for assistance. To request appropriate city agencies to provide such professional assistance as it may require in the discharge of its duties. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-73. - Rules of procedure; complaints; hearings; dispositions. (a) Any person, either personally or on behalf of an organization or governmental body, may file a sworn complaint for the ethics commission with the city clerk. The complaint must be in writing, be signed, and show the address of the person who submitted it. The complaint must state that, to the

best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint is true. The complaint must describe the facts that constitute the violation of the standards of ethical conduct in sufficient detail so that the ethics commission and the person who is the subject of the complaint can reasonably be expected to understand the nature of any offense that is being alleged. The commission may request any additional information deemed necessary to screen the complaint or to render a decision. No complaints shall be accepted or considered which relate to actions that took place more than one year prior to the date of filing. The individual filing the sworn complaint has 60 days from the date that the issue is brought to his or her attention to file a complaint. (b) After the sworn complaint has been filed, none of the parties or their representatives may communicate on an ex parte basis with any commission members pertaining to the complaint. All communications pertaining to the complaint shall be submitted to the city clerk. (c) Within seven days of receiving a sworn complaint the city clerk shall send copies of the complaint to each member of the ethics commission, the city solicitor, and the official or officials against whom such complaint has been filed. Hereinafter, the complaining party shall be referred to as the "complainant" and the official against whom a complaint has been lodged shall be referred to as the "respondent." (d) The commission recognizes that distribution to the public of a sworn complaint prior to screening by the commission as required below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the public release of the complaint is prohibited until the screening process has been completed. The commission shall consult in confidence to screen the complaint within 14 days of receiving the complaint. The commission may immediately dismiss a complaint if: (1) It has no jurisdiction; or (2) The alleged violation, if true, would not constitute a violation of the standards of ethical conduct; or (3) The alleged violation is a minor or de minimis violation; or (4) The complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; or (5) The matter has become moot because the person who is the subject of the complaint is no longer an officer, official or employee; or (6) The respondent had obtained an advisory opinion under section 30-74(c) permitting the conduct; or (7) The appointing authority of the respondent has already taken action as a result of finding a violation and the commission believes the action was appropriate. (e) In issues regarding standards of ethical conduct violations, the enforcement process is intended to be corrective rather than remedial unless the violation is a repeated offense. In the event the ethics commission determines a standards of ethical conduct violation has occurred, and it is minor in nature, with the concurrence of the complainant and the subject of the sworn complaint, the commission may dispense with the hearing process and conduct a more informal mediation process in lieu of a hearing. (f) If the sworn complaint is not dismissed or otherwise resolved pursuant to subsection 30-73(d), the city clerk shall promptly contact the members of the ethics commission, the city solicitor, the complainant, and the respondent in order to ascertain a date and time when a hearing can be convened on such complaint. As soon as a date and time have been agreed upon for a hearing before the ethics commission, the city clerk shall send written notice of such scheduling and a copy of the rules of procedure to the complainant and to the respondent. No copies of the complaint shall be provided to any other parties before the respondent receives the complaint. The city solicitor shall be the prosecuting attorney in all disciplinary proceedings before the ethics commission. In any such investigation or proceeding, a defendant shall be given an opportunity to be heard after notice, to be advised and assisted by legal counsel, to produce witnesses and offer evidence, and to cross

examine witnesses. A transcript of any such proceeding shall be made and retained, subject to the confidentiality requirements of this chapter. (g) The commission may dismiss a complaint if the complainant does not appear at the hearing and if, in the opinion of the commission, it would be unfair to the respondent not to have the opportunity to examine the complainant. (h) As promptly as possible after the close of the hearing, the commission shall deliberate to determine if the allegations have been proven by clear and convincing evidence. Only ethics commission members who have been present for the hearing may participate in the deliberations, and any findings and recommendations must be adopted by a majority of the commission. The commission may consider, when making findings and recommendations, the severity of the offense, the presence or absence of any intention to conceal, deceive, or mislead, whether the violation was deliberate, negligent or inadvertent, and whether the incident was isolated or part of a pattern. (i) Within seven days of the conclusion of deliberations, the commission shall issue an order setting forth its findings and recommendations. In the alternative, the commission where it deems it appropriate, may issue an advisory opinion in lieu of making findings and recommendations. (j) If the respondent is an employee, the commission may, if it determines corrective action is necessary, notify the city manager or the council president and recommend that action be taken, including discipline. (k) If the respondent is a city official, the commission may propose actions to the city council that are appropriate to the finding as specified in section 30-73(o). (l) The commission shall send a written copy of its findings and recommendations to the respondent and the complainant. (m) Proceeding relating to member. A member of the ethics commission shall be ineligible to participate, as a member of the ethics commission, in any ethics commission proceeding relating to his conduct. A member of the ethics commission who has been found by the ethics commission to have violated this chapter shall be ineligible to serve again as a member of the ethics commission. (n) Self-disqualification. A member of the ethics commission may disqualify himself from participating in any investigation of the conduct of any person upon submission, in writing and under oath, of an affidavit or disqualification stating that he cannot render an impartial and unbiased decision in the case in which he seeks to disqualify himself. (o) Actions by ethics commission. With respect to any violation with which a person has been charged and which the ethics commission has determined as proved, the ethics commission may take any one or more of the following actions: (1) Reprimand. Issue a written reprimand or censure of that person's conduct. (2) Discipline. With respect to a city employee, remove, suspend, demote or take other appropriate disciplinary action with respect to that person, without regard to any limits imposed by this chapter, but within the limits of the constitution, the laws of the state, the Charter of the city, and ordinances and existing collective bargaining agreements. (3) Recommend removal. With respect to an appointed official, recommend that appropriate action be taken to remove the official from the appointed position. (4) Recommend fine. With respect to an elected city official, recommend that such official be fined in an amount recommended by the ethics commission. (p) Rights of person charged. In any proceeding before the ethics commission, upon the request of any person charged with a violation of this chapter, such person shall be permitted to inspect, copy or photograph books, papers, documents, photographs or other tangible objects which will be used as evidence against that person in a disciplinary hearing and which are material to the preparation of his defense.

(q) Exculpatory information. In any proceeding before the ethics commission, if the city solicitor or ethics commission at any time receives any exculpatory information concerning an alleged violation against any person, it shall forthwith make such information available to such person. (r) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics commission for the issuance of subpoenas for the appearance of witnesses and for the production of documents on his behalf. The application shall be granted upon a concise showing by such person that the proposed testimony or evidence is relevant (or is reasonably calculated to lead to the discovery of relevant evidence) and is not otherwise available. The application shall be denied if not made at a reasonable time or if the testimony or evidence would be merely cumulative. (s) Confidentiality of proceedings. (1) City employee. All proceedings before the ethics commission relating to a violation of this chapter by a city employee shall be maintained confidential by the ethics commission, unless: a. Public disclosure is requested, in writing, by the person charged; or b. The ethics commission determines after a hearing that a violation has occurred. (2) City official. All proceedings before the ethics commission relating to a violation of this chapter by a city official, appointed or elected, shall be maintained confidential by the ethics commission, unless: a. Public disclosure is requested, in writing, by the person charged; or b. The ethics commission determines after a hearing that a violation has occurred. (t) Appeals; public inspection. Notwithstanding the confidentiality requirements of subsections (s)(1) and (2) of this section, the ethics commission shall make available for public inspection the record of all proceedings relating to any decision of the ethics commission which is appealed to the superior court and the ethics commission shall report to appropriate federal, state and/or city authorities any substantial evidence of a violation of any criminal law which comes to its attention in connection with any proceeding under this chapter. (u) Confidentiality procedures. The chairperson of the ethics commission shall, with the approval of the ethics commission, establish such procedures as, in the chairperson's judgment, may be necessary to prevent the disclosure of any record of any proceedings or other information received by the ethics commission, except as permitted by this chapter. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-74. - Waivers of restrictions and advisory opinions. (a) Authority of ethics commission. Notwithstanding the provisions of section 30-20, upon the written request of any city agency or of any individual who is or was a city employee or city official, the ethics commission may grant a waiver to the specific prohibitions contained therein if the ethics commission determines that the literal application of such prohibition in a particular case is not necessary to achieve the public purposes of this chapter or would result in an undue hardship on any employee or official. Any such waiver may be granted only by written decision of the ethics commission. Any person who acts in good faith reliance upon any such waiver decision shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the waiver decision, provided there was a full disclosure to the ethics commission of all material facts necessary for the waiver decision. (b) Waiver information confidential; exceptions. Any application for a waiver, any proceeding and any decision with respect thereto shall be maintained confidential by the ethics commission, provided that: (1) Applicant's request. Public disclosure shall be made by the ethics commission upon the written request of the applicant;

(2) Violations. The ethics commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this chapter; (3) Evidence of crime. The ethics commission shall report to appropriate federal, state and/or city authorities substantial evidence of any criminal violation which may come to its attention; and (4) Public record. In the event that a waiver is granted, the waiver decision and the record of all proceedings relating thereto shall be open to public inspection. (c) Advisory opinion authorized. Upon the written request of any city employee or official, the ethics commission may issue an advisory opinion as to the applicability of this chapter to any particular fact or situation. Any person who acts in good faith reliance upon any such advisory opinion shall not be subject to discipline or other sanction hereunder with respect to the matters covered by the advisory opinion, provided there was a full disclosure to the ethics commission of all material facts necessary for the advisory opinion. (d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any proceeding and any decision with respect thereto shall be maintained confidential by the ethics commission, provided that: (1) Applicant's request. Public disclosure shall be made by the ethics commission upon the written request of the applicant; (2) Violations. The ethics commission may make such public disclosure as it determines is required in connection with the prosecution of any violation of this article; and (3) Evidence of crime. The ethics commission shall report to appropriate federal, state and/or city authorities substantial evidence of any criminal violation which may come to its attention. (Ord. No. 2017-14 , 12-11-2017) Sec. 30-75. - Judicial review. In the event that the ethics commission finds that any person has violated any provision of this chapter, said person shall have a right of appeal to the superior court of any such finding, and of any sanctions imposed with respect thereto, by filing a notice of appeal with the superior court within 30 days of the final action by the ethics commission in a particular case. The appeal shall be on the record without a trial de novo. If the court determines that the record is insufficient for its review, it shall remand the case to the ethics commission for further proceedings on the record. The court's review, in the absence of actual fraud, shall be limited to a determination of whether the ethics commission's decision was supported by substantial evidence on the record. The burden of proof in any such appeal shall be on the appellant. (Ord. No. 2017-14 , 12-11-2017)

FINANCIAL DISCLOSURE REPORT (Chapter 30 – Code of Conduct and Ethics Commission) NAME: BUSINESS ADDRESS: POSITION: Section 1. (See instruction sheet for definitions of underlined terms). Report any legal or equitable ownership in excess of $5,000 fair market value or from which income of more than $5,000 was either derived during the preceding calendar year or might reasonably be expected to be derived during the current calendar year, in the following: (A) Instruments of Ownership: (This includes retirement accounts, 401K, IRA, etc. Do not include dollar amounts. List name of company, instrument and nature of ownership, e.g., Fidelity, mutual fund, shareholder; IBM, stock, shareholder). (B) Business Enterprise: (This includes corporations, sole proprietorships, and partnerships. List name, type of ownership & any position of management, e.g., JW Foods, partnership, director) (C) Professional Organization: (This includes, but is not limited to, law firms, accounting firms, engineering firms. List the name, address, type of professional practice (do not identify individual clients), & any position of management, e.g., ABC Law Firm, 123 Public Rd., Dover, DE, legal services, partner) (D) Any of the preceding which are constructively controlled. (e.g., ABC Mutual funds, trustee for minor child). DO NOT LIST: Time or demand deposits (includes checking or savings accounts) or a debt instrument (CDs) with a fixed yield unless convertible to an equity instrument. Section 2. List each creditor to whom you were indebted for 90 or more consecutive days during the preceding calendar year in an aggregate amount in excess of $1,000. Do not list the amount owed.

Section 3. If any of the following were received during the preceding calendar year, or reasonably expected to be received during the current calendar year, list the source. A. Any income (including income from the State) for services rendered exceeding $1,000 from a single source, unless reported in Section 1. (“Income for services rendered” includes salary, wages, consulting fees and professional services.) B. Any capital gain exceeding $1,000 from a single source other than the sale of a residence occupied by the public officer. (“Capital gain” means gains that are reported under Internal Revenue Services laws.) C. Any reimbursement for expenditures exceeding $1,000 from a single source; (“Reimbursement for expenditures” means payments to a public officer for expenses incurred by the public officer.) D. Any honoraria; (“Honoraria” means fees received for speeches, written articles, and participating in discussion groups and similar activities. It does not include reimbursement for expenses.) E. Any gift with a value in excess of $250 from any person. Identify the amount of each gift.(“Gift” means: payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received. “Gift” is not: (1) political contributions otherwise reported as required by law; (2) commercially reasonable loans made in the ordinary course of business; or (3) gifts from: spouse; relatives of the public officer or public officer’s spouse within the 3rd degree of consanguinity; or the spouse of any such relative.) F. ELECTED OFFICIAL DISCLOSURE FORM INPUT Disclose the name and address of every non-profit organization, civic association, community association, foundation, maintenance organization, or trade group incorporated in the State or having activities in the State, or both, of which you are a council member or board member. TYPE: NAME: ADDRESS: Section 4. Data in this report is provided as of ______________________________________. (Date) I HEREBY CERTIFY that I have read the foregoing report, and that, to the best of my knowledge and belief, it is true, correct, and complete. I further certify that I have not and will not hereafter transfer any assets, interests or property while retaining an equitable interest therein for the purpose of concealing said assets, interests or property from disclosure. ____________________________________ Signature

1. Definitions for Section 1:  “Fair market value” means, if a security, the quoted price as of January 1 of the year in which the report is filed, or, if not a security, the price at which the public officer would sell as of January 1 of the year in which the report is filed. 29 Del. C. § 5812(g).  “Instrument of ownership” includes, but is not limited to common or preferred stock, rights, warrants, articles of partnership, proprietary interest, deeds, and debt instruments, if convertible to equity instruments. 29 Del. C. § 5812(k).  “Business Enterprise” means corporation, partnership, sole proprietorship or any other individual or organization carrying on a business or profession. 29 Del. C. § 5812(a).  “Position of management” means officer, director, partner, proprietor, or other managerial position in a business enterprise. 29 Del. C. § 5812(l).  “Professional organization” means an individual engaged in, or an association organized pursuant to, federal or State law for the practice of medicine, law, accounting, engineering, or other profession. 29 Del. C. § 5812(m).  “Constructively controlled” means: (a) a financial interest in the name of another which is controlled by a public officer by virtue of any relationship of the public officer to another person which directly benefits the public officer; (b) any financial interest of a public officer held jointly with the spouse or child of such public officer; (c) any financial interest of the spouse or minor child of a public officer. 29 Del. C. § 5812 (d).  “Time or demand deposits” means checking and savings accounts in banks or deposits or share in savings and loan institutions, credit unions, or money market funds. 29 Del. C. § 5812(p).  “Debt Instrument” means bonds, notes, debentures, mortgages, or other securities having a fixed yield if not convertible to equity instruments. 29 Del. C. § 5812(e).  “Equity instrument” means any ownership interest in a corporation or other legal entity giving the rights to the holder upon liquidation of the entity. 29 Del. C. § 5812(f). 2. Definitions of terms in the remaining sections are in those sections.

ETHICS COMMISSION To administer and implement the Code of Conduct. ENABLING LEGISLATION: City of Dover Code, Chapter 30 - Code of Conduct and Ethics Commission, Article III - Ethics Commission, Section 30-71 - Established; composition; removal; terms of office; vacancies; chairperson; quorum; compensation; legal counsel. NUMBER OF MEMBERS: Five (5) members APPOINTED BY: Mayor/Confirmed by City Council CHAIR SELECTED BY: Elected by membership APPOINTMENT REQUIREMENTS: APPOINTMENT RESTRICTIONS: No member of the commission shall hold any elected or appointed office under the government of the United States or the state, county, or city. REPORTING REQUIREMENTS: TERM LENGTH/EXPIRATION: Five (5) year staggered terms/July 31st (and until his successor has been appointed and has qualified) MEETING DATE/TIME/LOCATION: Called as needed/City Hall Conference Room (unless specified otherwise on agenda/notice) COMPENSATION FOR MEMBERS: Members serve without compensation CONTACT INFORMATION: City Clerk’s Office 15 Loockerman Plaza Dover, Delaware 19901 (302) 736-7008 cityclerk@dover.de.us CURRENT MEMBERSHIP NAMES AND TERM EXPIRATION Thomas C. Jackson, Chair (7/18) Robin F. Case (7/21) Gary Coy (7/20) Lisa M. Enright (7/22) Nancy J. Shevock (7/19)

2018 MANDATORY ETHICS TRAINING ACKNOWLEDGMENT OF RECEIPT & ATTENDANCE By signing this form, I hereby acknowledge that I have received the City of Dover’s Code of Ordinances, Chapter 30 - Standards of Ethical Conduct; Article II. – Standards of Ethical Conduct; and that I have attended mandatory Ethics Training. Name (please print) Signature Department/Division/Board/Committee Date

Bicycle Pedestrian Sub-Committee Dover City Hall Large Conference Room Dover, DE June 19, 2018 *** DRAFT *** Members Present: Others Present: Jim Hutchison, Chris Asay, Jayce Lesniewski, Dave Carolyn Courtney, Eddie Diaz, Thomas Dix, Moses, Gerry Pennington, Andy Siegel John Fiori, James Galvin, Margie Cyr CALLED TO ORDER: Meeting opened at 5:03 P.M. AGENDA The agenda was presented for review. The agenda was accepted without objection. MINUTES The minutes were presented from March, April, and May, 2018. The chair entertained the motion to accept. With discussion Mr. Asay noted a few changes he would like to submit, mainly grammatical. In the interest of time, the chair asked that all edits be sent to Ms. Courtney by Friday, June 22. She will update accordingly and share with the members. With that the minutes were accepted without objection. NEW ITEMS Delaware Bicycle Council Innovation Grant Mrs. Cyr introduced the Delaware Bicycle Council grant application received by the City Manager on May 16, 2018. She noted Mr. Asay had brought the Mallard Pond Pathway link feasibility study as a potential project for this grant application. Per the letter, a total $20,000 is available from this granting source. She noted the July 2014 meeting public meeting in Mallard Pond that covered the installation of playground equipment and trail concept and she stated the sidewalk/trail connection path is included in the 2015 Pedestrian Plan. The report of that meeting is included in today’s packet. Mr. Asay gave his reasoning for requesting that the City apply for this grant funding of the feasibility study. This short path would create a “short-cut” for pedestrians and bicyclists from north Dover neighborhoods to the area of the new Dover High School. Neighborhoods benefiting would include Fox Hall, Fox Hall West, Westfield and Maple Dale. The project could significantly reduce auto traffic along Kenton Road and Route 8 during peak hours by making bicycling or walking to-and-from Dover High School a timesaving alternative. It is an example of adding connectivity to the Low-Stress Bicycle Network that our community is developing. He noted that Anthony Aglio [of the Delaware Bicycle Council] told him “this is exactly the type of project they are looking for.” Mr. Fiori noted this is the fourth year of the grant. It was anticipated the funding allowance would be raised to $25,000.00. The application is slightly different than the previous years. He did not anticipate much change in future applications, if we were to consider a project for next year’s grant cycle, we could assume the application would be very similar to this years. Mr. Diaz provided a map of the proposed area. He pointed out the area going over the drainage swale and general area where the potential pathway would need to go. With much discussion, it was agreed the feasibility study could provide us the best option for crossing the swale, and which land owners would need to be approached for encroaching on their property to complete this link. Both of Heatherfield East and Fox Hall West neighborhood associations own land in this area.

Mr. Dix stated that he felt a feasibility study was not needed sharing the example of the Independence Blvd project was completed without a feasibility study. With additional discussion the members of committee did not feel his recommendation was the right approach. Mr. Dix stated there was money in an Inner Connectivity grant offered by the Governor or funding for the project could come from DelDOT and/or DNREC and we should not proceed with the feasibility study, to just build the pathway on his suggested route. Mr. Hutchison noted seeking the feasibility study was the proper way to proceed to provide a comprehensive look at the project for completion. Mr. Galvin noted the Inner Connectivity grant funds were no longer available as that was a grant from our previous Governor. Discussion on the costs associated with the feasibility study and the fact this project is not included in the current capital improvements budget, nor the availability of funding from the City for the project took place. Mr. Siegel stated asking for the feasibility study when the City does not have funding allocations for the project may not be in our best interest. That we should consider making the proper budget requests in the next fiscal planning and to get the project on the Public Works project listing would be a better option. This is not a project in the current or next City budget. There are no City funds available at this time. Mr. Asay noted the MPO could possibly offer funding for the project. Mr. Galvin was unsure that this would be an option for this year as they had already selected their projects for funding. Mr. Fiori noted we should be clear in the application of the ability to actually carry out the project. This is something the Delaware Bicycle Council (DBC) will look at when reviewing the grant applications. Those with a likely hood of being completed, are looked upon favorably. Mr. Asay motioned to have Mrs. Cyr contact Councilmen Lewis with the request to include the Infrastructure Innovation Grant application for the Mallard Pond Pathway Link to the Safety Advisory & Transportation Committee of the Whole meeting agenda on June 26 with the recommendation the city apply for this grant. Mrs. Cyr will also inquire on a quote price of conducting the feasibility study to be included in the presentation to council. This motion passed with two objecting. City of Dover Pedestrian Plan City of Dover Bicycle Plan Mrs. Cyr noted that current Pedestrian Plan is a little older than the Bicycle Plan. That we may want to update that one first. Mr. Asay shared that with the help of the MPO on both plans and they were started simultaneously, but the Bike Plan took a little longer to complete. Both plans were adopted at the same City Council meeting in 2015. Both plans should be updated regularly, and the MPO can assist with both types of plans. His suggestion is to update the Bicycle Plan first, and then update the Pedestrian Plan immediately afterward. This is for two reasons. Firstly, there have been more changes in current conditions for bicycling than for walking, so the need for an update to the Bike Plan is greater. Secondly, according to its executive director, Reed Macmillan, the MPO is currently short staffed, so is not as well-equipped at the moment to take on two plans at once. Mr. Galvin added, that the MPO has been shorted staffed and it would be very difficult to even assist with updating one plan. They do not have this in their funding que for this year. He recommended requesting assistance for completing this project for the 2020 year. Mrs. Cyr asked how we would (if the City Manager approved of the project) submit the request for plan updating assistance. Mr. Galvin responded typically the City Manager / Planning Directors send an email to the MPO director. Discussion took place on going back to a combined plan as much of the plan overlaps, with segments specific to cycling and walking. Mr. Asay felt the League of American Bicyclist required us to have individual plans, thus we separated the two plans.

Mr. Siegel noted as we move forward with updating the plans that we should include an “expiration date.” Motion was made to have Mrs. Cyr approach the City Manager to formally request the MPO’s assistance with updating the Bicycle and Pedestrian Plans. This motion passed without objection. OLD ITEMS The chair noted the time and asked to table the remaining topics until our August meeting. This was acceptable to the members. Dover Treasure Hunt Construction Projects By-Laws Revision Bike Month Events ANNOUNCEMENTS June 30, Open Streets Bike Rodeo, Ms. Courtney will be organizing this one with Dover Police and NCALL. Volunteers are requested to come out and assist. June 22, the West Street Trail opening. Mr. Hutchison noted he had provided a statement for their press release and that he would be sharing a few words during the opening ceremony. Mr. Asay asked to have the Bike Fix It Station, 2nd Draft of timeline, and more information on Open Streets at the next meeting. Mr. Lesniewski asked to have Pedestrian related topic on each agenda. ADJOURNMENT With no further business the meeting adjourned at 6:15 PM without objection.

1 June 26, 2018 TO: City of Dover Safety Advisory and Transportation Committee FR: Col. Thomas J. Dix RE: CRITIQUE OF DOVER CAPITAL GATEWAY PLAN AND DESIGN The four options presented in the Plan and Design book are best described by showing the cross sections of the road facing east from the Plan and Design book. (See pages 1-13 at the back of this packet.) I provide a brief summary of each option below, followed by my comments on the options and my conclusions. OPTION SUMMARIES Option 1 Existing: This option has two lanes of traffic with parking along the curb in many locations. There are approximately 115 (total) curbside parking spots along both sides of Division Street. West of the RRtracks, the driving lanes are 12 feet wide. East of the RRtracks, the driving lane is 14 feet wide. This option is full of lane-shifting traffic to allow for left-turn lanes. Unfortunately, all that this lane shifting accomplishes is to slow down traffic. According to the Plan and Design book, the combined traffic count for both Forest Street and Division Street is over 28,000 vehicles per day. That is equivalent to one car every four seconds during a 24-hour . day. This accounts for a massive flow problem during the rush hours. Turns are allowed at virtually all crossing streets. There are many curb cuts that allow vehicles to enter Division Street. Option 2 Median: This option has the addition of center-of-the-road 6-foot-wide to 10-foot-wide islands for flowers. Parking is narrowed from 10.5 feet to 8 feet. Sidewalks are widened west ofthe RR tracks. Drive lanes are narrowed to 10 feet and 11 feet. Bicyclists must stay to the right of the road between Weston and the RR tracks. East of the RRtracks to State Street, the cyclists are given the protection of the shared-lane symbol. Medians are 10 feet wide. Option 3 Bike lanes: West of the RRtracks, all sidewalks are widened to 8 feet, and 6-foot bike lanes are introduced, with a 3-foot buffer zone that contains narrow vertical cones. Drive lanes are narrowed to 13 feet. Sidewalks are widened to 8 feet. East of the RR tracks to Governors Avenue, 7-foot parking is introduced, changed from the existing 10.5 feet. Alongside the parking lane, a 1-foot buffer with striping to protect bicyclists is introduced, and a 4-foot bike lane is added. West of the RRtracks, the drive lanes are narrowed to 10 feet from the existing 13 feet. Sidewalks are changed from the existing 4 feet to 8 feet. Between Governors Avenue and State Street, the dedicated bike lane is lost and the bicyclist shares a lane with vehicles. Note the shared-lane symbol in the roadway. Note that an 8-foot median with flowers is introduced for this one block.

2 Option 4 Greenery: West of the RR tracks, the sidewalks are 8 feet, and an 8-foot planting strip for flowers is introduced next to the northern sidewalk. Drive lanes are 12 feet. Next to the southern sidewalk, a 12-foot planting strip for trees is introduced. Between the RR tracks and Governors Avenue, greenery is introduced between the curbs and the sidewalks. Sidewalks are 8 feet. Parking is 8 feet, and drive lanes are 14 feet. Between Governors Avenue and State Street, sidewalks remain at 8 feet. Parking is only on the north side of the street in the greenery option. A 12-foot planting strip is introduced between the two 12~foot driving lanes. MY COMMENTS ON THE ABOVE OPTIONS Option 1 Existing: Curbside parking along Division Street is effectively performing traffic calming. Traffic is being slowed down due to the constant lane shifting between intersections. Riding a bicycle down this street would be very dangerous. The street is only two lanes (one in each direction, plus curbside parking) with a center lane added at each intersection to be used as a left-turn lane. Entrances and exits from private property slow down traffic. Option 2 Median: This is a noble effort to beautify the city with flowers. Flowerpots along the sidewalks would have the same effect. Loockerman accomplishes this needed floral look with ground pots and overhead hanging pots. Eight-foot sidewalks are a bit excessive. Option 3 Bike Lanes: There is a symbol in the roadway that looks like Army corporal stripes over a bicycle. I contend that most drivers do not know what this symbol means - it is the shared-lane symbol, which means that bicycles and vehicles will be integrated into the same lane, with bicycles having the same status as vehicles. This practice is quite safe when the bicyclist is riding a touring bicycle and is very capable of maintaining a speed of 25 MPH. Minors riding bicycles are not capable of maintaining these speeds nor do they have the skills to intermix with cars. Finally, I contend that over 50% of vehicle drivers do not expect a bicycle to be intermixed with cars. High school students biking to Dover High School will be in serious danger if they bike down Division Street. Option 4 Greenery: Here again is a noble effort to beautify the city by adding grass between the sidewalk and the curb in typical suburban style. According to current city practice, grass and flowers between the sidewalk and the curb are not maintained by the city. But grass would be beautiful, although at great expense.

3 MY CONCLUSIONS The Dover Capital Gateway Plan and Design book states on page 15: "Of the four options for Division Street reconfiguration, participants in the final public meeting generally preferred the design of Option 2./1 [This is the median option.] The Plan and Design book states on page 2 that Division Street carries an average of 19,000 vehicles per day and that Forest Street traffic volumes exceed 9,000 vehicles per day. Many of these Forest Street vehicles eventually join Division. Division is the only east-west arterial that cuts through the center of Dover. I would expect that the 28,000 vehicles will only grow in the coming years. Unfortunately, Option 2, through the application of traffic calming elements such as the median, will serve only to reduce and slow down the traffic flow. Division has the potential to become a four-lane road and could be made capable of carrying more traffic rather than less traffic. Option 2 would destroy this potential and changing it at a later date would come at a high cost. Somewhere in the future, the city would have to convert it back to a four-lane road to handle the increased volume. I suggest that we work with the current arterial roadway and make improvements that would only increase the ability for Division Street to carry more vehicles per day. These are my recommendations: • Reduce the number of curb cuts on Division Street. • Reduce parking on Division Street. • Encourage landowners along Division Street to convert vacant land to parking areas. • Have the city become active in negotiating vacant land into viable parking locations. • Encourage the use of buses by rerouting buses through the center of the city before and after passing through the bus terminal. • Consider the construction of a parking structure. The long-term goal would be to eliminate parking on Division Street and convert the street into a four-lane arterial state highway. As to the bike path, I have the following recommendations:

4 Revised • The option of running the bike path down Division between State Street and the RR tracks appears to be eliminated since the State has dedicated West Street to carrying the bike traffic between Fulton and Division. Fulton is a much safer street for students biking to Dover High School. • The RRtracks at Division are in need of a facelift. The pedestrian path is poorly defined on the north side of Division. The on-street parking is also poorly defined. The south side of Division is totally undefined. Cars are being parked in an unorganized manner,;n'lers-is FIe sidevoBlkt.This condition exists from the RR tracks west to a point past the auto repair facility. The RR crossing at North Street is a good model for improving this situation. • Planning should be started on the neighborhoods on both sides of Division. What is the future of the dilapidated houses along Division? Should the future buildings along this street be centered on the college-based community rather than residential? Failure to plan will only result in structures with no unified purpose. New zoning could help remedy this possibility. Thank you for your consideration of my comments. I will take questions.

ROAD CROSS SECTIONS - FACING EAST OPTION 1 EXISTING PAGES 1-5 OPTION 2 MEDIAN PAGES 6-7 OPTION 3 BIKE LANES PAGES 8-10 OPTION 4 GREENERY PAGES 11-13

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