AGENDA REGULAR MEETING OF THE MAYOR AND COUNCIL

June 26, 2018 SEAFORD CITY HALL – 414 HIGH STREET

7:00 P.M. – Mayor David Genshaw calls the Regular Meeting to order.

- Invocation - Pledge of Allegiance to the Flag of the United States of

America. - Changes to agenda for this meeting. - Approval of minutes of the regular meeting on June 12,

2018.

ALL ITEMS ON THIS AGENDA MAY OR MAY NOT BE VOTED ON. CORRESPONDENCE: 1. PUBLIC HEARING: 1. Liborio Watergate, LLC, property owners of the undeveloped

acreage on Bridgeville Hwy, to be known as “Melanie’s Ridge” identified as Tax Map and Parcel 331-5.00-11.00 and the undeveloped acreage on Bridgeville Hwy, which was formerly known as “Lawrence”, Tax Map and Parcel 331-5.00-11.01 is seeking a subdivision for the realignment of the property lines for the purpose of creating four parcels.

2. Liborio Watergate, LLC, property owners of Melanie’s Ridge is

seeking a final site plan review, for a proposed residential development with commercial frontage.

NEW BUSINESS: 1. Trisha Newcomer, ED/IT Manager to present an update of the See

Click Fix implementation.

2. Present for approval the revised Fee and Rate Schedule.

3. Present for approval revisions of the Seaford Police Department General Orders Manual Section 3/964.05 Rank Criteria; to add the designation and criteria for Deputy Chief (Captain) and additional promotional requirements for other ranks.

Page 2 AGENDA REGULAR MEETING OF THE MAYOR AND COUNCIL June 26, 2018

NEW BUSINESS (continued):

4. Appointment of Records Officers and Authorized Agents for FY19 to the Delaware Public Archives.

5. Present Resolution 2018-01 in support of the restoration of grant-in-aid funds for the Seaford Volunteer Fire Department and other volunteer fire companies.

6. Mike Bailey, Building Official to present an overview of the

procedures used by code enforcement of grass, junk and weeds violations.

7. Mike Bailey, Building Official to present a status of placarding of

unsafe, condemned and abandon structures as requested by the Seaford Volunteer Fire Department.

8. Councilman Dan Henderson to present information pertaining to

Freedom of Information Act (FOIA) training and Ethics.

9. Joel Dunn, President & CEO, Chesapeake Conservancy and Randall Larimore, Board of Directors, Chesapeake Conservancy to present information summarizing the proposed Oyster House project to be located along the Nanticoke River at the end of South Cannon Street (SCTMP# 431-7.00-23.00) to include the pre-application documentation for the Outdoor Recreation, Park and Trails (ORPT) program funding submission.

10. Present for approval a contract of sale of the property located on

South Cannon Street (SCTMP# 431-7.00-23.00).

11. Present for approval a Memorandum of Understanding (MOU) between the City, Chesapeake Conservancy, Nanticoke River Watershed Conservancy, and the Seaford Historical Society related to the Oyster House project.

12. Present for approval conservation easement documentation

specifying use of the property located at the end of South Cannon Street (SCTMP# 431-7.00-23.00) for public recreational access.

Page 3 AGENDA REGULAR MEETING OF THE MAYOR AND COUNCIL June 26, 2018

NEW BUSINESS (continued):

13. Trisha Newcomer, ED/IT Manager and Bill Bennett, Director of Electric to present an update Advanced Metering Infrastructure (AMI) project and public awareness efforts by the City.

OLD BUSINESS:

1. Second reading of an amendment to the City Municipal Code Chapter 8, Section 8.4.2 to amend the time required to apply for a Parade or Procession Permit to 45 days in advance of the event.

2. Second reading of an amendment to the City Municipal Code Chapter 8, Section 8.3.3 to amend the time required to apply for a Special Event Permit to 45 days in advance of the event.

3. Second reading of an amendment to the City Municipal Code

Chapter 8, Section 8.2.19 to permit the sale and or consumption of alcohol at special events or gatherings in public places with application to and approval from the City Council.

REMINDER OF MEETINGS & SETTING NEW MEETINGS:

1. First Saturday, July 7; Downtown Seaford, 4:00 p.m.

2. City Offices and Utility Divisions will be closed on July 4th.

3. Nanticoke Riverfest – July 14th from 8:00 a.m. until 9:00 p.m., Downtown Seaford.

COMMITTEE REPORTS: 1. Police & Fire – Councilman Dan Henderson 2. Administration – Councilman Orlando Holland 3. Code, Parks and Recreation – Councilman James King 4. Public Works & WWTF – Councilwoman Leanne Phillips-Lowe 5. Electric – Councilman William Mulvaney

Page 4 AGENDA REGULAR MEETING OF THE MAYOR AND COUNCIL June 26, 2018

Mayor Genshaw solicits a motion to adjourn the regular Council meeting.

NOTE: Agenda shall be subject to change to include or delete additional items (including executive session) which arise at the time of the meeting. (29 Del. C. S1004 (e) (3)) Date Posted: TNT Posted by: 6/19/18

Reflections on the Freedom of Information Act (FOIA) and Ethics for Local Officials (LGL 101) course provided by the University of Delaware Institute for Public Administration. Attended by: Councilman Mulvaney, City Manager Charles Anderson, ED/IT Manager Trisha Newcomer, FOIA Coordinator Annette Cole, and Councilman Dan Henderson. The course was also attended by representatives of municipalities statewide as well as some private citizens. The course covering approximately 3 hours of presentation and interactive participation apprised the attendants of several tenets of Delaware’s Freedom of Information Act (FOIA) and Public Integrity Commission regulations.

Freedom of Information Act presented by Max Walton, Esq.

FOIA’s Declared Policy as quoted from Title 29 Chapter 100 of the Delaware Code:

“It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic…”

Public Bodies - By design the definition of a public body in FOIA is to be broadly construed.

An interactive exchange of hypothetical and actual situations expanded our breadth and depth of about the definition of a public body. The overarching theme of this exchange ended with the idea that very similar or identical issues are often adjudicated differently from the Attorney General’s Office.

I. FOIA has 2 basic components concerning public bodies:

A. Open Meetings

1. Open Meeting Requirements – The three requirements for meetings, and their proper handling were discussed:

a. Notice –

b. Agenda –

c. Minutes -

d. Executive Sessions –

i. The same standards apply for executive sessions as in regular meetings, however the standard for holding an executive session is very high. Executive Sessions are only permitted under conditions listed in Section 10004(b) of Title 29 Chapter 100. Mr. Walton pointed toward several tests as proof of the public body’s need to retain confidentiality.

ii. During an executive session a public body cannot conceal an employee hearing if the subject employee requests it to be public.

iii. Executive Session topics cannot stray from the advertised issues on the agenda.

iv. No votes may be taken during executive session including straw polls nor informal consensus.

B. Open Records

1. Access to Public Records

a. What constitutes a public record is also very broadly defined. The litmus test for exceptions is very narrow, and the exceptions to these requirements were discussed.

b. A discussion of cost recovery for document search, retrieval, and copying were discussed.

i. Administrative costs may be recovered for projects taking longer than 1 hour.

ii. They may be charged by the ¼ hour at the lowest hourly rate of a capable employee.

iii. Other costs such as materials are limited by statute.

c. There was considerable discussion as to what constitutes a non-public record.

2. FOIA Coordinators Requirements –

a. Every public body must have one.

b. Record keeping and tracking system in place.

c. Maintenance of Contact Information and Forms

d. FOIA Coordinators nor the public body are responsible for the creation of documents that do not exist.

C. Enforcement – For open meeting violations the offending party may be required to forfeit compensation for participation.

D. Appeals – Appeals are not unprecedented, but they are rare.

Ethics in Government presented by Deborah Moreau, Esq.

As prescribed on the Public Integrity Commission’s Web Page:

“Ethical standards for all State Executive Branch employees (rank and file), officers (Senior level & Elected officials) and honorary State officials (appointees to State Boards & Commissions). The standards apply to all

local governments unless they adopt their own Code of Conduct which this Commission must approve as being at least as stringent as the State law.”

The minimum code of conduct is defined the Delaware Code Title 29 Chapter 58 Sub-chapter I.

Ms. Moreau stated the statutory purpose of the Commission: “Insure public respect and confidence by setting standards of conduct for government personnel without unduly circumscribing their activities.”

I. Conflict of Interest

A. Examples where personal or private interest may impair judgment when performing official duties were discussed.

B. Interests that certainly impair judgment:

1. Financial benefit to self or a close relative.

2. Close Relative defined: “"Close relative" means a person's parents, spouse, children (natural or adopted) and siblings of the whole and half-blood.”

3. Fulfillment of duties that benefit a private enterprise when you or a close relative have a financial interest in it.

4. These conflicts must be filed and disclosed to the Commission.

5. After leaving Office - There is a 2 year restriction against assisting a private enterprise on matters where you

a. Gave an opinion

b. Conducted an investigation

c. Were directly or materially responsible in an action

II. Code of Conduct – Established to assure the public trust.

A. Avoidance of the appearance of impropriety

1. In employment a reasonable person, knowing all the facts, would think the employee could perform their duties fairly and impartially.

2. We should have no interest in a private enterprise or any obligation in substantial conflict with performing your public duties.

3. No other employment, gift, payment of expenses, compensation, or anything of monetary value if it MAY result in:

a. Impaired independence or judgement

b. Preferential treatment to any person

c. Official decisions outside official channels

d. Any adverse effect on public confidence in government

4. Public office shall not be used to secure unwarranted privileges, private advancement, or gain.

5. We are bound to confidentiality.

B. Complaints

1. Sworn Complaint from a private party.

2. Acts by the Commission

3. The rights of the accused

C. Sanctions

1. Criminal Sanctions – Up to 1 year of imprisonment or $10,000.00 fine

2. Administrative Sanctions - Do not apply to elected officials. The electorate will provide the appropriate action as necessary.

D. Final Thought – When considering Conduct and Conflict of Interest

1. Recusal: Simply abstaining from a vote does not meet the test sufficiently.

2. A public official must remove themselves completely from the debate by leaving the presence of the body during any deliberation.