CCW Packet

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

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

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

Item 1. The reputation of a thousand years may be determined by the conduct of one hour. Japanese proverb 4

Item 1. June 2016 5

Item 1. July 2017 6

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

Item 1. Former Wilmington City Council President Theo Gregory sentenced for misconduct conviction Feb. 15, 2022 8

Item 1. State Code vs. City Ordinance • PIC review and approval • May be more strict than State Code 9

Chapter 30 Item 1. • Article I—General • Article II—Standards of Conduct • Article III—Ethics Commission 10

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

Purpose Item 1. Art. I Sec. 30-2(b) • Public trust • Standards • Public service • Performance of duty • Fairness • Use of private information 12

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

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

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

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

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

Item 1. Personal Interest Prison Health Systems v. ARA DOC X Y Z Wife ARA emp 18

Personal Interest cont. Item 1. Beebe v. Cert of Medical Needs Board Mr. X Beebe Nanticoke 19

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

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

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

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

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

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

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

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

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

Item 1. Code of Conduct Art. II Sec. 30-20(n) • No ex parte communications 29

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

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

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

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

Complaints Item 1. Art. III Sec. 30-73 Actions Reprimand Discipline Recommend removal Recommend fine Confidential unless violation or request 34

Item 1. 35

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

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