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OCEAN VIEW TOWN COUNCIL WORK SESSION JANUARY 22, 2008
Mayor Meredith called the Work Session to order at 7 p.m. with Councilmen Bill Wichmann, and Richard Nippes in attendance. Town Manager Conway Gregory, Finance Director Lee Brubaker, Town Administrative Official Charles McMullen, and Acting Police Chief Heath Hall were also present. Town Solicitor Dennis Schrader was not required to attend this work session. Councilmen Roy Thomas and Norman Amendt were not present because of prior commitments.
PLEDGE OF ALLEGIANCE Mayor Meredith called for the Pledge of Allegiance.
AGENDA There were no changes to the Agenda. Bill Wichmann moved adoption as presented. Richard Nippes seconded the motion, and it was approved unanimously.
OLD AND NEW BUSINESS
ADMINISTRATIVE
Administrative Report Woodland Avenue The Town Manager reported that and Dr. Nippes and he met with Bob Radish of DelDOT to discuss the possibility of turning over the ownership of and responsibility for Woodland Avenue to DelDOT. Dr. Gregory reported that the State does not want to take over this street this but he will contact additional DelDOT representatives about other options. Election Gordon Wood has filed for the position of Mayor, and Perry Mitchell and Susan White have filed for the position of District 3 Councilperson. Water System The Town took Judith Bundy to court for a condemnation hearing related to the water project, and the court found in favor of the Town. Trail along the Assawoman Canal The Town Manager met with DNREC officials to discuss the possibility of building a pedestrian trail along the Ocean View portion of the Assawoman Canal and learned that the State is exploring the possibility of building a trail along both sides of the entire Canal. The Town will apply for a planning grant to develop some preliminary studies for this trail. Dr. Gregory emphasized that this matter is still in the preliminary/exploration stage. Taking Seminar The Town Manager attended a session dealing with the issue of “taking”property and found it very informative. Water System Update The Town Manager reported that the Town’s Water Engineer has finalized the number of CPCNs that must be purchased from Tidewater Utilities (TUI); however, there is a discrepancy between the Town and Tidewater’s calculations of the purchase price; i.e., a difference of about $28,000, and the Town is waiting for a response from TUI. The construction will be finished as soon as the Bundy section at Central and Betts Avenues is finished, which should take place tomorrow. As soon as the purchase of the CPCN issue is resolved, the Town will establish a date for the system to go on line and will notify all of the affected property owners. In answer to a question from Mayor Meredith, the Town Manager said the Bundy matter will not hold up the project.
Discussion of Moving Department of Public Works to Lampe House Mayor Meredith explained that the Town recently purchased this property but he has not been inside the house and does not know anything about its condition. Bill Wichmann said that he did not wish to move the entire DPW operation; he wanted to alleviate the crowded situation in the Town Hall by moving Town Administrative Official Charles McMullen who handles building permits, etc. to this site. This move would free up an office that could be used by Finance Director Lee Brubaker. In answer to a question from Mayor Meredith, Mr. McMullen described the Lampe house and agreed that the Finance Director is very crowded and said that he would be willing to move to the Lampe house but would not want to move there for a short period of time and then move back to the Town Hall. He said that this would be a good long-term fix but would not be a good short -term fix. If the building will be razed in 6 months for a new DPW building, he would have no place for his files or to handle his functions as Town Administrative Official. He said that the Town needs to make a decision about its plans for this property. Discussion about the reasons for the purchase of the Lampe property took place. Richard Nippes recommended that the Town Manager do a needs assessment/study to determine the best course of action for the Town and return to the Town Council with his recommendations. Bill Wichmann said that he doesn’t disagree with this recommendation but reminded attendees that the Town formed a Committee, hired an architect, and designed a property DPW facility that would cost over a million dollars. He said that the Town subsequently decided that it could only spend $300,000 on a DPW building; Mr. Wichmann does not think this sum is adequate. He believes that if a building is going to be built, it should be done properly and said that everyone agreed that the facility they designed was correct facility, but this matter “fell off the table.” He mentioned the need to hire additional personnel to assist the Town Administrative Official with his many duties and the lack of space for such personnel. Mr. Wichmann said that it will take time to build a new DPW building and expressed strong dissatisfaction over the Finance Director’s crowded working conditions. The Town Manager stated that the DPW Building Committee has not met recently because it was the consensus that the Town didn’t have funds for the proposed building. In response to Mr. Wichmann’s earlier comment that he has been told that the “Town is broke,” Dr, Gregory said that the Town is not broke but has allocated all of its funds for the next 5 years, and the five-year capital budget has $300,000 allocated rather than $1,400,000 to build a new DPW building. He said that the Council must decide if it wishes to forego other projects in order to build the DPW building. He thinks that the Town can build an adequate DPW building for $300,000 and said that the Council must decide if it is advantageous to move Mr. McMullen to the Lampe house and stressed that the management team is working on this issue, and the Town will build a new DPW building in the next fiscal year. Bill Wichmann said that the Town has several million dollars in reserve, which could be used for this project. Mr. Wichmann again said that there was total agreement that the DPW building as it was designed should be built, noted that the Town is still receiving transfer tax money, and said that the Town needs to do projects correctly and expediently. The Town Manager responded that there is $2,000,000 in the DelGIP fund but said that this money is earmarked for the next 5 years; however, the Council can decide to reallocate the Town’s money. He said that the members of the DPW Building Committee agreed to stop meeting until the Town decided on the amount of money it wished to spend on a DPW building. Bill Wichmann said that nothing has happened since then, which is the reason why he brought up this issue. In response to a comment from the Town Manager, Mr. Wichmann stressed that he would not participate in a project that was not done well and does not think that the Town can build the right building for $300,000. In response to another comment from the Town Manager, Mr. Wichmann suggested that the Town borrow the money for this project. Mr. Wichmann said that he wants to see the problem addressed and wants people to have adequate space in which to work. The Town Manager said that Roy Thomas sent a memorandum to each Council member and asked that his comments be read into the record of the meeting. Dr. Gregory then read the following excerpt from this memorandum: Dear Council Members, Greetings to the Mayor, Town Council Members, staff of the Town of Ocean View and to the citizens of Ocean View. As you are meeting, I am on a cruise to the Eastern Caribbean. I regret that I was not able to arrange my schedule around the work shop. It is my belief that Council Members should attend as many meetings as possible. This is my first absence in the two years that I have been a Councilman. I have reviewed the agenda and want to thank the Council for extending to me the same courtesy that has been given, during the past several years, to other Council Members who are not present. That courtesy is that the Council will not vote on any major policy decision or expenditure without all Council Members present for the debate and vote. This is the same courtesy that I would extend to other Council Members who might not be present at future meetings. It goes without saying that emergency situations have to be dealt with as required. Each Council member is being emailed a copy of this letter ahead of the meeting. Mr. Gregory is instructed to read the following sections into the Town Record as each topic is up discussion. I have also instructed the Town Manager to make this letter available at the Council meeting for all citizens to review. Discussion of Moving Department of Public Works to Lampe HouseIn principal this is a good idea. The current PW building is “bad” at best. Having said that, I am concerned that Town Council is micro managing the day to day operations. I believe that Mr. Gregory and Mr. McMullen need to put together a preliminary conceptual plan and timeline for the building of the Public Works building. It would not be a good idea to move the department to the Lampe house and then in 4 to 6 months have them move back to the current building. If the timeline is greater than 6 months, it might make sense anyway. The Council needs to manage the “Total Plan” not the “Points on the Plan”. I suggest that the Council ask Mr. Gregory and Mr. McMullen to put together a “preliminary conceptual plan and time line” and submit to the Town Council as soon as possible. No later than the March Council meeting. The Council will then approve, disapprove, or modify the Plan. The Town of Ocean View has a great staff and we need to let them manage the day to day operations. We have been talking about building this building for over a year. Ocean View has procured the land and should now move cautiously forward. Mayor Meredith said that he agreed with most of the statements in the memorandum, and the Town should move forward. He said that they need input from the Town Manager and Town Administrative Official and said that the questions raised in the memorandum must be answered. He said that they could explore the possibility of adding on to the Town Hall. Richard Nippes again recommended that a study be done and recommendations be made so the Council can begin to act as soon as possible. Mayor Meredith explained that no action can be taken tonight and said that it could be discussed at the next Council meeting and at the next Long-Range Financial Planning Committee meeting, which is scheduled for February 12th. He agreed that something must be done this year. Discussion of Web Site Policies and Procedures The Finance Director said that these documents were sent to the Town Solicitor for review but the Town has not received his comments. Mr. Brubaker briefly reviewed the four documents: Management and Publications Policies and Procedures—the Town’s internal policy that establishes rules and regulations. External Link Policy, an internal policy that establishes the types of organizations and links that the Town will and will not provide on the site. Legal Notice—will be posted on the web site; it is a disclaimer notice and contains critical information. Privacy Statement—will be posted on the site and is designed to assure users of the site that we will not sell any information that they give to the Town. He said that all of these documents have been sent to the web-site developer. He said that these policies and procedures will be addressed at the next Council meeting. The Town Manager then read comments from Roy Thomas for the record: Discussion of Web Site Policies and ProceduresI have been concerned about the progress on this issue. I wish that we were closer to the completion of this project. Then I have to sit back and see what has been accomplished this past year by the staff. I must say I am quite impressed. A list of the major tasks completed:
A list of the major tasks being worked on:
It is always easy to focus on what “did not get done”. However, as the leaders of the Town of Ocean View, we need to applaud the employees for what “has been” accomplished with the small staff of employees that OV has. My hat is off to the each and every employee. The Town Council sets the priorities for the Town Manager. If the Council thinks that the WEB site is more important than other issues facing the town, then we need to redirect the Town Manager. I personally think that the staff has managed the list of tasks very well. Mayor Meredith said that he doesn’t think that the Town has entered into an agreement with the Historical Society about the use of the Shores House but said that this could be discussed later in the meeting.
Discussion of Distribution of Material for the Public at Town Council Meetings Bill Wichmann said that he asked to put this item on the agenda because he thinks that too much material is put out for the public at meetings. He said that at a minimum, documents should indicate that they are drafts because he thinks that people often take away documents and assume that they are final when these documents are subsequently revised or never adopted. He thinks that the public is entitled to everything that is discussed at the meetings; he is concerned about the way that the information is disseminated, and the waste that results from the amount of paper used for this purpose. The Town Manager agreed that it would be advantageous to cut down on the amount of paper used and went on to say that the Town Solicitor indicated that the Town can continue its present policy of putting out material for the public but also said that FOIA does not require this. He said that there are times when sensitive items that cannot be discussed at Executive Session are considered at the meeting. The Town Manager suggested that the Town could set out an agenda for the meeting, and anyone who is interested in obtaining a copy of any item discussed at the meeting could fill out a FOIA request, pay the copying fee, leave the request, and pick up the copy of the document after it is copied. He explained that the Town Solicitor mentioned the issue of perception; the public may think that the Town is trying to hide something. The Town Manager said that the Town of Denton only puts out an agenda; people must fill out a written request, pay the reproduction costs, and pick up the documents on the next day. Mayor Meredith agreed with this suggestion and gave reasons for his opinion. The Town Manager said that a form could be placed next to the agenda that would allow people to request copies. Bill Wichmann expressed concerns about putting out material that is factual at the moment but changes at a later date and agreed with the suggestion to only put out the agenda. Richard Nippes agreed with the suggestion and said that it would save work for the Town Clerk. Mayor Meredith said that this item should be put on the agenda for the next Council meeting. The Town Administrative Official suggested that these documents could be sent via e-mail at no charge. The Town Manager read the comments from Roy Thomas’ memorandum: Discussion of Distribution of Material for the Public at Town Council Meetings It should be the goal of the Town Council to make as much information as possible to the public. We, as the Town Council, should always conduct our business in “complete sunshine”. At the last Town Council meeting the Council instructed the Town Manager to formulate a resolution that encourages the State of Delaware to adopt the same FOIA rules that the local and county government are required to follow. We are required, by state law, to make available all documents that pertain to government business. The only exception appears to be certain PS procedures. However, this exception should be used very infrequently and only with the Town Solicitor’s agreement. It is imperative that the Chief of Police, the Town Manager and the Town Solicitor work very closely to make sure that OV is in complete compliance with all state FOIA rules. It is my suggestion that these three individuals draft the appropriate procedures to make sure that our PS department is protected and at the same time all information is available to the citizens that should be.
Discussion of Using the Shores’ House as the Town Museum Bill Wichmann said that the Council has talked about this item for some time and needs to make a decision so the Historical Society will know if this house can be used for the Ocean View Museum. He thinks that the Town needs to determine the cost of a study of the Shores’ house and the cost of making the necessary changes so it can serve as the museum. Mayor Meredith suggested that the Town Engineer could do this study. The Town Manager said that that he informed the members of the Historical Society at its recent meeting that Mr. Kercher will not be able to evaluate the Shores’ house until sometime in March or April. He then reported that in response to a suggestion that the Town should enter into an agreement with the Historical Society about the Shores’ house, the Town Solicitor said that the Town should not enter into any type of memorandum of understanding with the Historical Society until it has obtained 501(c)3 status and is recognized as a viable entity; otherwise, the Town is dealing with a nonexistent entity. Richard Nippes then reported that the Historical Society is incorporated in the State of Delaware and introduced Janet Batlan, the new President of the Ocean View Historical Society. He said that several members of the Society are working on the application and hope to present it to the Internal Revenue Service in February. He said that grants may be available to assist the Town with the engineering study needed to determine if the Shores’ house is suitable for a Town Museum. Janet Batlan said that the Historical Society needs a commitment that the Town will discuss the feasibility of the Shores’ house as a Town Museum after it receives the engineer’s report. She explained that many people are eager to participate in this project, and they have collected a great number of historic artifacts, photographs, memorabilia, and information and are frustrated because the Society does not have a definite location. The Town Manager read comments from Roy Thomas’ memorandum: Discussion of Using the Shores’ House as the Town Museum The last instruction from the Town Council to the Town Manager was for the Town Manager to work with the Historical Committee and bring back to the Town Council a “letter of agreement” to be reviewed by the Town Council. The question I have is: “what is the current status”.
FINANCIAL
Financial Report The Finance Director briefly explained the status of the Finance Department’s current projects and activities as related in the January 22, 2008, Financial Update: 1) Emergency Services Enhancement Funding Program. After a brief discussion of the program, he reported that $662.55 was collected and is available for grants. He said that the Council must now receive applications for grants from the appropriate agencies on or before March 1st. He said that the Town Manager will ask the Council to define and list the eligible organizations. A grant process must be established. 2) Water System Financing with the USDA He noted that the USDA signed the grant agreement, and the Town can take down the grant money awarded by the USDA. He briefly explained the four-page water analysis that was distributed to the Council today, which contains a Projected Costs for a Typical Water User; Comparison of Current Projected Water Costs for a Typical User with the Projected Costs Given at a Past Public Hearing; Comparison of Projected Water Costs to Other Local Water Systems Cost--Mr. Brubaker noted that this comparison shows that the Town’s costs are competitive; and a Comparison of Current Projected Water Costs to Public Hearing Projections, which identifies the reason for the increase in water costs. The Town Manager referred to the second page and noted that the rates in each category have increased about 25% from 2004 to the present. 3) Transfer Taxes—the Town is still on target with the transfer taxes. 4) Status of Trust Funds—fund balances were provided, 5) The FY 2007 Annual Audit—Jean Schmidt, the audit manager, presented a first draft of the audit report. Mr. Brubaker must review this draft and finish the management’s discussion and analysis section of the annual report. He then referred to the Comparison of Budget to Actual Report and reported that the Town just received the second and final installment for this year of approximately $52,000 from the Municipal Street Aid Fund. The Town Manager briefly went into some detail about the transfer tax figure. Richard Nippes commended the Finance Director for the clarity of his financial reports.
POLICE DEPARTMENT
Discussion of Take-Home Policy for Police Vehicles Acting Police Chief Heath Hall said that Chief McLaughlin submitted this analysis of the take-home policy for the patrol cars, which shows positive and negative aspects of the program. He said that the major objection to a take-home vehicle policy is the initial cost of implementing such a policy but the Ocean View Police Department (OVPD) now has enough vehicles and does not have to undergo that initial cost. He said that this policy was brought to the Council by Chief McLaughlin soon after he came to Ocean View in 2001, and the Council voted to approve it at that time. Acting Chief Hall said that this policy is working very well, and he hopes that this study will answer any questions about the policy. Richard Nippes said that he agrees that each officer should be permitted to take his/her vehicle home; however, he does have some problems with the study. He said that most of the information in the study comes from very large cities with a much larger tax base than Ocean View’s. He would like to see data from smaller communities such as Bethany Beach, South Bethany, and Fenwick Island in order to help him determine the financial feasibility of this policy for small towns such as Ocean View. He expressed concerns about the effects of running a car on a 24/7 basis and said that more information is needed. Acting Chief Hall explained that prior to Chief McLaughlin’s time, the Police Department was not a 24/7 operation, and there is no data from that time. In response to questions from Richard Nippes, Acting Chief Hall replied that a 2001 vehicle with 110,000 – 115,000 miles is currently in use and said that on average, a police officer puts around 50 and 100 miles on his/her car on a daily basis but this figure can change if the officer needs to take an additional trip; e.g., a round trip to Georgetown. He estimated that an officer would put about 20,000 miles on a car each year and said that because of all the equipment in a police car, it is not feasible to shut it off each time the officer leaves the car. He said that a departmental memorandum instructs the officers to shut off the engine when the officers will be out of the car for 15 minutes or longer. Acting Chief Hall said that the oil is changed every 3,000 miles, and they follow the manufacturer’s recommendations for routine maintenance. He said that major repairs such as replacement of transmissions are economically feasible at times, and they try to keep the cars in service as long as possible. Acting Chief Hall explained that the Department is budgeted for eight officers and has nine cars, which includes a spare car. Bill Wichmann emphasized the importance of public safety and said that this includes officer safety. He said that it is comforting to know that if there is a call for assistance, the responder will come in a fully-equipped police vehicle that will enable him/her to arrive at the scene in an up-to-speed mode. He said that he is not concerned about financial aspects; he is concerned about people/officer safety. He stated that this is not a new policy; it has been in effect since he has lived in Ocean View and noted the improved service since the Town has 24/7 service with cars. He then noted the advantage of making the officer responsible for maintaining his/her take-home vehicle and related his experience with another police department that does not have a take-home policy. He said that this is the best policy, and he doesn’t want to see it change. In answer to a question from Richard Nippes, Acting Chief Hall said that Delaware law allows officers to interact in situations that pose an immediate public safety hazard when they are not in their own jurisdictions; e.g., an officer can pull over a driver who runs a red light or is driving under the influence even if it is not in his own jurisdiction. He said that in such a situation, the officer must have a legal right to be in that location; e.g., which includes commuting to and from home. The Town Manager read the comments from Roy Thomas: Discussion of Take-Home Policy for Police Vehicles I have read the study prepared by Chief McLaughlin. I have many questions about this analysis. The report has a significant amount of “qualitative data” and very little “quantitative data”. In other words: very little detailed financial analysis but a significant amount of “anecdotal information”. Example: The following statement is in the report:
This is a very bold statement. It is the “heart” of the study. However, there is no financial data to back up this statement. It may be correct, it may not be incorrect. There is a lot of backup articles that would suggest the statement may be correct. Someone, with experience, may even come forward and state his or hers belief that the current policy is the best. These are important, but do not really prove the statement. Dr. Deming, the man responsible for creating the quality revolution in Japan and the United States, had a very simple statement. “A man without data, is just another man with an opinion”. I am from the same school. Where is the data? If it is so evident, the financial data should be easy to assemble. Just because it works for one city does not mean it will work for OV. If it can not be proved to the Council, the Council can not prove it to the citizens. I, for one, will not be embarrassed by the citizens for not doing my homework. I am also unable to get the figures to match up. Again, detailed financial data is required. Question: Was the expertise of the Financial Department or the Town Manager consulted in putting the financial sections of this study together? It does not appear so and it disturbs me. It would be like the Financial Department putting together a study on public safety without consulting the PS Department. That would be crazy. The reverse is equally crazy! The Town Council has gone to great expense to assemble a team of professionals with varied expertise. As a Council Member and taxpayer, I would expect that any report submitted to the Town Council and the citizens of OV would take advantage of these resource. Lee Brubaker and Conway Gregory have a long history of experience with the preparation of this type of report for Boards of Directors. It is my intention to treat this analysis the same way the Council did the Salary Study. I am going to submit a list of questions for the PS Department to answer. I will be returning in late January. I will have my questions into the Town Manager no later than February 15th. I would suggest that all other Council Members do the same. The current policy has served the Town of Ocean View well for the past several years. A decision to change the current take home policy for the PS department is a decision that needs to be carefully thought out and analyzed both from a “tactical” analysis and a “financial” analysis. There is one last item that needs to be brought forward. The Council has two responsibilities in regards to this subject. (1) Establish the policy and (2) find the financial resources required to support the policy. The Long Range Financial Planning Committee will be meeting the first week of February. As each of you will recall, the committee has NOT found a way to “fund” the current policy. I would suggest that all Council members come to the meeting with their “thinking caps” on and with suggestions on how to fund the current policy. The Town of OV will be looking for about $400,000 over the next five years to support the current policy. This is a big decision and needs to be explored in depth. It is one thing to dictate a policy. It is another to fund the policy. The first is easy; the second is much more difficult. Hope to see all of you in early February. Roy Thomas Bill Wichmann commented that this is not a new policy; it has been in effect since the Town has had a full-time police department. Mayor Meredith and Bill Wichmann questioned the accuracy of the $400,000 figure. In answer to his question, Acting Chief Hall said that the department will soon receive a new police car. Bill Wichmann noted the existence of many work vehicles in the area and said that business owners realize that it is economically feasible to allow workers to take work vehicles home because the workers can then go directly to a job site. He asked that this item be put on the agenda for the next Council meeting so they can vote to continue the policy. Mayor Meredith said that it should go on the agenda for discussion and consideration.
Discussion of Police Procedural Notice 1.3, Use of Force and Firearms Policy Discussion of Police Procedural Notice 32.2.1, Background Investigations Mayor Meredith thinks that both of these polices are very thorough and does not think that they need to be discussed in detail unless another Council member thinks this is necessary. He said that they should be placed on the February 5th agenda for approval. In answer to a question from Mayor Meredith, Acting Chief Hall said that they have had a Use of Force Policy since 2001 or 2002 but certain criteria have changed over time; therefore, this policy has been updated in response to input from several sources and the new Delaware accreditation policy. The Background Investigations’ Policy is a new policy. Mayor Meredith said that this policy should be applied to all new employees. In response to a question from Richard Nippes, Acting Chief Hall said that they are ready to start the hiring process to fill the existing vacancy, and Officer Rehill will soon take her certification exam and start field training. The testing process for the new applicants will start in February. He said that the department does have applicants for the vacant position and has received many calls about it.
OPEN DISCUSSION No Council member had any item to discuss at this time.
CITIZENS’ PRIVILEGE Joe Martinez, Savannahs Landing, wanted to share some personal observations about tonight’s meeting. He said that the residents of Savannahs Landing pay twice the rate that residents of Bethany Beach pay for their water and explained the reasons for this difference and said that Savannahs Landing has a contract for the water that cannot be changed. He said that he thinks that the water rates do make a difference and was pleased with the comparison of the different water rates. He then commented on the Take-Home Police Vehicle Policy and said that if it isn't broke, don't try to fix it. He agreed that police officers have a certain loyalty to their cars and said that if an officer is assigned to a particular car, his equipment will be kept in that car. Otherwise, the officer will have to take a great deal of time to come into the station and get his equipment from the locker and put it into his car; as much as one half hour to one full hour may be lost. He said that the take-home use of a police car could be looked upon as a perk, and the police officers’ morale may suffer if they lose this privilege. He referred to the $400,000 mentioned by Roy Thomas and said that the department presently has nine police cars and is only purchasing one new car and is getting good use of these cars. He said that public safety is more important than saving $5,000 or $6,000; this policy has served the Town well. He said that criminals may not frequent Ocean View because of its strong police force. He mentioned the members of the CAP Unit and was told by Acting Chief Hall that the CAP cars are not included in the police car count and was given some background on the cars used by the members of the CAP Unit.
Richard Nippes made a motion to adjourn. Bill Wichmann seconded the motion, and it was approved unanimously. The meeting adjourned at 7:56 p.m.
Respectfully submitted,
Conway Gregory Town Manager
Transcribed from recording: January 28,, 2008
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