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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 13, 2014 at 7:30 p.m. with Council President
Bonar presiding. Council members present were Mr. Anderson, Mr. Dixon, Mr. Lynn, Mr. Perza,
Mr. Slavin, Mrs. Williams, and Mr. Hutchison. Mr. Hare was absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend, Deputy
Fire Chief Hall, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was
also present (departed at 8:16 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Bonar declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Reverend Theodore Henderson, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Council President Bonar requested that the Certificate of Congratulations for Kraft Food’s
50th anniversary be deferred until the next meeting.
Mr. Hutchison moved for approval of the agenda, as amended, seconded by Mrs. Williams and
unanimously carried.
Mr. Slavin moved for approval of the consent agenda, seconded by Mrs. Williams and carried
by a unanimous roll call vote (Mr. Hare absent).
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 25, 2014
The Minutes of the Regular Council Meeting of August 25, 2014 were unanimously approved
by motion of Mr. Slavin, seconded by Mrs. Williams and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 22, 2014
The Minutes of the Regular Council Meeting of September 22, 2014 were unanimously
approved by motion of Mr. Slavin, seconded by Mrs. Williams and bore the written approval
of Mayor Christiansen.
CERTIFICATE OF APPRECIATION - AMY MULLEN
The City Clerk read the following Certificate of Appreciation into the record:
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 2
CERTIFICATE OF APPRECIATION
presented to
Amy Mullen
for her countless hours spent organizing and managing the Loockerman Way Farmers' Market held
during the Summer and Fall of 2014. Beginning preparations early during the previous winter,
Ms. Mullen amassed vendors for the market, developed entertainment enhancements to draw visitors
to the downtown area, and facilitated and marketed the event. Her energy and enthusiasm have
contributed greatly to the success of the Farmers' Market, and her efforts are greatly appreciated by
the Downtown Dover Partnership, the City of Dover, and the entire local community.
In grateful appreciation October 13, 2014
On behalf of the Downtown Dover Partnership (DDP), City of Dover, and all of the vendors
involved, Mayor Christiansen expressed appreciation and presented the certificate to Ms. Mullen.
Mr. Bill Neaton, Economic Development Director, stated his opinion that the Farmers’ Market went
from a “ho-hum” event to a “wow” event this year, and this was all due to Ms. Mullen.
On behalf of the Board of the DDP, Mr. Gregg Moore, President, expressed his appreciation to
Ms. Mullen for the countless hours put into the Farmers’ Market and requested that she return next
year.
Mr. Slavin expressed concurrence with the previous comments and thanked Ms. Mullen for the many
hours devoted to the Farmers’ Market.
Ms. Mullen stated her appreciation for the opportunity to work on the Farmers’ Market and thanked
the DDP for their patience as she learned the protocol for operating the event.
PRESENTATION - COLONEL ALLEN MCLANE PUBLIC SYMPOSIUM (TOM WELCH)
Mr. Tom Welch, Historical Interpreter and Coordinator, Allen McLane Symposium, attended the
meeting in period dress and advised members that a group of citizens had planned an all-day
symposium at Wesley College on Saturday, October 25, 2014 to honor local Delaware hero
Colonel Allen McLane and the other men and women who fought during the American Revolution.
Mr. Welch recounted a brief history of Colonel McLane and invited members to attend the
symposium, noting that all who attended would receive a copy of a book, entitled, “Allen McLane -
Patriot, Soldier, Spy, Port Collector,” and that prints of post cards printed in 1975-1976 during the
American Bicentennial would also be distributed. He explained that the event would begin at
9:00 a.m. in the Peninsula Room on the second floor at Wesley College, and many outstanding
speakers would be attending.
Council President Bonar thanked Mr. Welch for the information presented.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 3
PRESENTATION - 2014 MAYOR'S ARTS AWARDS
The Mayor's Arts Award was established to recognize the importance of the arts in Dover and to
honor groups and individuals that have made outstanding contributions to the artistic and cultural
life of our great city. The award honors visual and performing artists, arts educators, arts
organizations, arts volunteers, and supporters of the arts.
The recipients of this prestigious award exemplify excellence, inspire the community through their
artistic pursuits, and ensure a cultural legacy for future generations.
Mayor Christiansen and Mr. Brian Miller, representing the Mayor’s Arts Council, presented awards,
as follows:
Sharon Crossen
Mrs. Crossen thanked her family and friends for their support and stated that it was a honor
and a privilege to work with children, young adults, and parents in a community such as
Dover that supports the arts.
The Delaware Friends of Folk
Mr. John Kidd, Co-President, Delaware Friends of Folk, expressed thanks to the Mayor,
noting that the Delaware Friends of Folk had been performing folk music in Dover for well
over 20 years and they wished more people to be aware of their events. He explained that
their next event, a musical performance by Guy Davis, was scheduled for
November 22, 2014 at Wesley College Chapel and invited those present to attend.
Gary Knox
Mr. Knox thanked the Mayor, Council, and the Mayor’s Arts Council, stating that receiving
such an award made getting up “at the crack of dawn,” as well as the gas mileage spent going
back and forth to Bombay Hook, worthwhile. He noted that residents have a beautiful city,
thanks to the groundskeepers, and a beautiful State, and that it was a honor to share what he
sees with everyone else.
PRESENTATION - 2014 MAYOR'S YOUTH ARTS AWARDS
Also recognizing the value and importance of young people's contributions to the arts, the Mayor's
Youth Arts Award was established to identify, encourage, and honor talented high school arts
students. This award highlights the importance of an arts education in fostering future citizens of
our great city.
Mayor Christiansen and Mr. Brian Miller, representing the Mayor’s Arts Council, presented awards,
as follows:
Elizabeth Stant
Alex Brown (unable to attend)
Marius Sander
Tymir Thompkins
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 4
By unanimous consent, the meeting recessed for light refreshments.
Meeting recessed at 7:51 p.m.
By unanimous consent, the meeting reconvened at 8:04 p.m.
PRESENTATION - DOWNTOWN DEVELOPMENT DISTRICT PROGRAM
(CONSTANCE HOLLAND)
Ms. Constance Holland, Director, Office of State Planning Coordination (OSPC), stated that the idea
for a Downtown Development District came from the Governor in January 2013 and that Senate
Bill 191 establishing the districts was introduced in April 2013 and passed with no opposition. She
explained that in the Application for Designation as a District, local governments must identify
proposed Downtown Development Districts in accordance with the Act. She encouraged the City
to be sure that the application is filled out completely and offered the assistance of the OSPC staff,
including herself and Mr. David Edgell, Principal Planner for Kent County. Ms. Holland reviewed
information from a presentation entitled, “Delaware Downtown Development Districts - Application
Process for Designation as a District” (Exhibit #1).
Ms. Holland advised members that the City of Milford had put together a master plan before this
program was available. At this point, the area in Milford was “shovel ready” and the municipality
would not have to change their Comprehensive Plan, Zoning Ordinance, or site plan, which
Ms. Holland stated would be extremely attractive to any developer in Milford.
Ms. Holland explained that the Application for Designation would be due November 1, 2014. The
Office of State Planning would review all applications during November and December and they
would be scored based on a rubric. She reminded members that the funds would go to the developer
rather than the local government, but it is important that the developer goes by the District Plan.
Ms. Holland noted that funds had been received from the Secretary of the Delaware Economic
Development Office (DEDO) for municipalities. In addition, she suggested if consultants had been
contacted in regard to the application, that receipts be saved, as it was hoped that DEDO would
provide grants for the local jurisdictions to help with the master plan. She stated that the Cabinet
Committee on State Planning would make recommendations for designation and the Governor would
designate the Districts in January/February of 2015.
On behalf of Council and staff, Council President Bonar expressed appreciation for the information
and for the $7M the legislature had allocated to help communities address their problems with
downtown development efforts. He stated that the program was extremely important and hoped that
the City would be able to take advantage of it.
PROCLAMATION - NATIONAL COMMUNITY PLANNING MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, in every community, change is constant and affects all of us however community
planning and plans can help manage this change in a way that provides better choices for how people
work and live; and
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 5
WHEREAS, community planning provides an opportunity for all residents to be involved in making
choices that determine the future of their community; the full benefits of planning requires public
officials and citizens who understand, support, and demand excellence in planning and plan
implementation; and
WHEREAS, the American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions sound planning and plan implementation make to the quality of our
communities and environment; and
WHEREAS, the celebration of National Community Planning Month gives us the opportunity to
publicly recognize the participation and dedication of the members of the City of Dover Planning
Commission and other citizen planners who have contributed their time and expertise to the
improvement of the City of Dover.
NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of October 2014 as NATIONAL COMMUNITY
PLANNING MONTH in the City of Dover, and encourage all citizens to recognize the valuable
contributions made by community and regional planners and our partner agencies at the State and
county level, and extend our heartfelt thanks for the continued commitment to public service by these
professionals.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, expressed her
opinion that Delaware was a great place to be a planner because of the relationships formed among
planners and because there is less red tape than in other locations. She also felt that it was a good
time to be a planner.
Ms. Holland stated that she was very fortunate to have her current job and to work with the
individuals that she encounters in her work. She also expressed gratitude for being a part of the City
of Dover, State of Delaware, and Kent County, where planners know and respect each other and
want the very best for the State.
Council President Bonar stated that the City of Dover has a fine Planning Department and credited
Ms. Holland for “bringing along” Mrs. Townshend and Mr. David Edgell, who was formerly
employed as a planner with the City of Dover. Mr. Bonar stated that long after Mrs. Holland retires,
Mrs. Townshend and Mr. Edgell will exemplify the quality of planning and directorship that
Ms. Holland had demonstrated at the county and state levels. He thanked Ms. Holland for making
Dover and Delaware better.
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2014-18
A public hearing was duly advertised for this time and place to consider approval of proposed zoning
text amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 24 - Planned
Neighborhood Design Option (PND), Subsection 24.62 - Buffers and Article 4 - Zoning Bulk and
Parking Regulations, Sections 4.10 and 4.11.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 6
Mr. Slavin moved that the Final Reading of Proposed Ordinance #2014-18 be acknowledged
by title only, seconded by Mr. Dixon and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of August 25, 2014.)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the ordinance would eliminate the requirement for a 40-foot buffer around the perimeter of
developments approved under the Planned Neighborhood Design (PND) option. She noted that no
structure could be built in this buffer and this provision had not posed a problem in many cases since
staff had worked over the years to attain this 40 feet in the open space. However, in a number of
places, she explained, houses had been built right to the 40-foot line; therefore residents could not
construct sheds, decks, fences, and other types of improvements that are typical in a rear yard.
Mrs. Townshend indicated that the buffer requirement was put in place when the PND section was
originally developed, possibly due to concerns regarding compatibility with surrounding
development; however, it had been shown that PNDs blend to their surroundings and the 40-foot
buffer was not needed. She explained that the ordinance would also change front and rear property
setbacks but not lot coverage, and this would provide builders more flexibility in laying out lots. She
informed members that a public hearing for the ordinance was held before the Planning Commission
in September and approval was unanimously recommended.
Mrs. Townshend advised members that, when reviewing the meeting packet materials, she realized
that the amendment recommended by the Planning Commission was not included in the packet. She
recommended proceeding with the public hearing, tabling the ordinance, and taking final action on
the ordinance at the City Council meeting scheduled for October 27, 2014. She stated that Staff
Amendment #1 would add language to the ordinance to clarify that it was intended to be retroactive
and that developments previously approved with the 40-foot buffer as part of the requirement would
not be subject to the buffer. She apologized for the error.
Noting that placement of fences, sheds, and outbuildings was not permitted outside of the setback
areas, Mr. Perza questioned why it was not proposed to change the code to permit placement of
non-residential structures outside of the setback areas rather than making drastic changes to the code,
as proposed in the ordinance. Mrs. Townshend explained that approximately one (1) year ago, staff
began reviewing this matter with additional amendments being considered for the PND.
Consideration was given to allowing certain things within the 40-foot buffer; however, staff
concluded that the buffer requirement did not really add any value. The choice was to provide
exceptions regarding what could be put in the buffered area or remove the buffer and allow the
setbacks to remain.
Mr. Perza inquired if modifying the setbacks by trimming them back by 10 to 15 feet would provide
the value that the people of the community were looking for, versus modifying the entire 40-foot
safety zone.
Responding, Mrs. Townshend explained that modifying the setbacks would only address a portion
of the problem because, for example, the 40-foot buffer would override a 20-foot setback. As an
example, she explained that the Zoning Ordinance would allow for an open deck in the rear setback;
however, because of the 40-foot buffer, staff had to deny deck permits.
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Mr. Perza questioned if the Planning Commission had considered trimming the buffer from 40 feet
to 20 feet. Responding, Mrs. Townshend stated that this was not discussed and the ordinance was
sponsored by Council members, drafted, and evaluated based on the way it was drafted.
In response to Mr. Anderson regarding whether City code required a 40-foot buffer for any other type
of development, Mrs. Townshend indicated that it did not. Mr. Anderson stated his feeling that this
was a unique experiment that did more harm than good and, based on feedback received from
individual lot owners, Mrs. Townshend concurred.
Mr. Anderson advised members that during his previous service as a civilian member of the Parks,
Recreation, and Community Enhancement Committee, he had some concern about the buffer
requirement and stated that he was glad this was being reviewed, as he felt it had harmed using the
PND code.
In response to Mr. Anderson, Mrs. Townshend stated she did not recall an instance where an
applicant had opted not to pursue the PND designation due to the “red tape” involved; however, she
reminded members that there had not been a great deal of PND activity since 2006 when she joined
the City. She indicated that the PND classification had been used since that time for senior citizen
housing projects and had become an issue in the Village of Cannon Mill and Clearview Meadow,
where lots were affected by the 40-foot buffer.
Responding to Mr. Lynn as to whether or not Council should proceed with the public hearing on this
matter, given the absence of information from the meeting packet, Mr. Nicholas Rodriguez, City
Solicitor, stated that it would be better to hold the public hearing during the next Council meeting.
Responding to Mr. Lynn regarding which subdivisions this ordinance was aimed to address,
Mrs. Townshend stated that most of the related issues had been brought up in the Village of Cannon
Mill and Clearview Meadow developments. Other subdivisions had kept 40-feet in open space;
therefore, there had been no associated problems. To address these subdivisions retroactively,
Mrs. Townshend stated that if the ordinance were adopted, affected property owners would be
notified in writing that they could record an updated survey which would show the required buffer
being removed. She stated that there were no other subdivisions “in the pipeline” that would seek
to take advantage of this change.
Mr. Hutchison stated that this proposal was a “housecleaning” matter and concurred with the
recommendation to defer consideration of this matter.
Mr. Slavin moved to defer consideration of this item, seconded by Mrs. Williams.
Noting that the public hearing was advertised for this evening and anyone who was interested in
being present for the hearing was aware of the deferral, Mrs. Townshend questioned if the City
would be in violation of public notice. Mr. Rodriguez stated that there was no violation, in his
opinion.
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The motion to defer consideration of Ordinance #2014-18 was carried by a unanimous roll call
vote (Hare absent).
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2014-20
A public hearing was duly advertised for this time and place to consider approval of proposed zoning
text amendments to Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site
Development Plan Approval.
Mr. Hutchison moved that the Final Reading of Proposed Ordinance #2014-20 be
acknowledged by title only, seconded by Mr. Slavin and unanimously carried. (The First
Reading of the ordinance was accomplished during the Council Meeting of August 25, 2014.)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded
members that on July 14, 2014, City Council adopted Ordinance #2014-08, which rewrote the
commercial and office zones within the Zoning Ordinance and streamlined processes for zoning
administration. One change that helped to streamline processes allowed for an existing building
expanding by up to 15% to be reviewed administratively. In drafting the language, staff did not
develop similar language for expansion of impervious cover, although that was the intent. The
proposed amendment would correct this omission and allow for up to 15% expansion of impervious
cover on a site to be reviewed administratively. She explained that the omission was discovered
when working with Playtex on a proposed expansion project.
Mrs. Townshend explained that a public hearing was held before the Planning Commission on
September 15, 2014, no members of the public spoke regarding the ordinance, and the Planning
Commission unanimously recommended approval.
Council President Bonar declared the hearing open.
There being no one present wishing to speak during the public hearing, Council President Bonar
declared the hearing closed.
Mrs. Williams moved for adoption of the ordinance, as recommended by the Planning
Commission. The motion was seconded by Mr. Hutchison and, by a unanimous roll call vote
(Hare absent), Council adopted Ordinance #2014-20, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan
Approval, subsection 2.1 - Required, of the Dover Code be amended to read as follows:
Section 2. - Site development plan approval.
2.1 Required. Site development plan approval shall be required for the erection or enlargement
of all structures and the establishment of any use for which site development plan approval
is required by this ordinance. Site development plan shall be required according to the
following criteria:
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2.11 Planning commission site plan review. Site development plans shall be subject to
review and approval by the planning commission if they meet the following
thresholds:
(a) New structures. Site plans for new structures of 5,000 square feet or greater in
floor area; or
(b) Additions to existing structures. Site plans for additions to existing structures
that (1) constitute 15 percent or more of the existing floor area, and (2) new floor
area is greater than 5,000 square feet; or
(c) Additions of Impervious surface. Site plans that propose new or additional
impervious surfaces that (1) constitute 15% or more of the existing impervious
surface area and (2) are equal to or greater than 5,000 square feet of impervious
surface; or
(d) Adjacent to residential. Nonresidential site plans with site disturbance greater
than 2,500 square feet and adjacent to residential uses or residential zones.
2.12 Site development master plan. Site development master plans shall be subject to
review and approval by the planning commission in accordance with subsection
2.44.
2.13 Zoning review. For site development plans involving construction of a
single-family detached, single-family attached, or single-family semidetached
dwelling; an accessory structure; or a nonresidential change of use for which no
building addition or increase in impervious surface is proposed, the city planner
or his designee may approve the site development plan in conjunction with
building permit review.
2.14 Administrative site plan. All site development plans that do not meet the
thresholds for zoning review in accordance with subsection 2.13 or planning
commission site plan review in accordance with subsection 2.11 shall be
reviewed as administrative site development plans.
ADOPTED: OCTOBER 13, 2014
UTILITY COMMITTEE REPORT - SEPTEMBER 22, 2014
The Utility Committee met on September 22, 2014 with Chairwoman Williams presiding.
Amendments to the Lakeland Interconnection Agreement (Tidewater Utilities)
Mr. Scott Koenig, City Manager, informed members that the Lakeland
Interconnection is located on South State Street, past Wolf Creek and Highview
Avenue, which extend back to St. Jones Commons. He explained that the City of
Dover extended water to that area in 2002-2003, and, in May 2004, the City of Dover
and Tidewater Utilities, Inc. (TUI) entered into an interconnection agreement for the
primary purpose of providing fire protection (water supply) assistance to Tidewater's
service territory on South State Street. This interconnection, known as the Lakeland
Interconnection, had been functioning in this capacity since the agreement was
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signed. Mr. Koenig stated that in late July 2014, TUI submitted a request to City
staff to alter the agreement so that domestic water supply could be purchased for this
area at the "in city" rate. TUI indicated that the domestic demand in this area had
been between 800,000 and 1,200,000 gallons per month.
Having reviewed the request, Mr. Koenig felt that amending the agreement would be
in the best interest of both entities. Provided a monthly facilities charge for the
existing 6" meter (currently billed at $497.55 per month per Tidewater's tariff)
remained in place, Mr. Koenig stated that staff had no objections to extending the "in
city" rate, since this would amount to a substantial bulk purchase of water.
Mr. Koenig informed members that Mr. Bruce Patrick, Director of Engineering, TUI,
advised him that in order for TUI to continue to provide domestic water service, they
would be facing significant upgrades, such as putting in an elevated storage tank or
additional pumping system.
Mr. Koenig stated that, upon approval of the agreement, the City would bill TUI a
monthly facilities charge based on the in-city rate, and TUI would then bill their
individual customers. He advised members that the monthly facilities charge was
identified in TUI’s tariff; therefore, it would fluctuate based on any changes to TUI’s
tariff, noting that it had gravitated upward significantly over time. Mr. Koenig
explained that under the initial agreement with TUI for fire protection, the City billed
TUI a facilities charge on a quarterly basis and, if there was a fire, they were also
billed on the fire demand. Mr. Koenig stated that under the new proposal TUI would
buy domestic supply as well as fire supply.
Mr. Koenig indicated that the relationship with TUI had been well established since
around 1997-1998 and noted the profitability that the relationship had brought to the
City. He informed members that the City had several existing interconnection
agreements with TUI, including Carlisle Village, Winding Ridge, and Lakeland, as
well as a two (2) way, stand-by agreement for an interconnection at Wilmington
College that would allow TUI to buy water from the City or vice versa in the event
of an emergency. Mr. Koenig stated that if the amendments were approved by
Council, TUI would expect to open the connection for domestic supply in early 2015.
Staff recommended that the City Manager be authorized to amend the existing
Lakeland Interconnection Agreement with Tidewater Utilities, Inc., to include the
monthly facilities charge allowed in Tidewater’s tariff and to also include the supply
of both domestic water and fire protection at the meter location.
Responding to Mr. Perza regarding the cost to the City, Mr. Koenig indicated that
there would be no additional expense to the City since the interconnection was
already in place and the pipe had been in place for 12-15 years. Mr. Koenig said that
the only cost was to produce and supply the water; all other costs were imbedded in
the already existing agreement.
Mr. Perza questioned whether providing domestic water to Lakeland could drain the
City’s supply or create shortages in other areas. Responding, Mr. Koenig assured
members that this would not create a drain on capacity. He explained that the usage
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was between 800,000 - 1.2M gallons per month and the City had been planning for
capacity. He noted that TUI was a good customer and a substantial user, the
agreement would bring revenue, and only one (1) meter would be required, rather
than 25 or 50.
In response to Mrs. Williams regarding whether this expansion would set a
precedent, Mr. Koenig stated that this would not be the case, explaining that the
interconnection agreement was already in place relating to fire demand using the
“in-city” rate. He said that the City had the right to set rates as long as it follows the
Council approval process. In addition, Mr. Koenig noted that the facilities charge
was unique to this customer and helped to offset the “in-city” rate.
Responding to Mayor Christiansen regarding fire hydrants in the area, Mr. Koenig
stated that there were fire hydrants on Highview Avenue and that the feed into the
Lakeland Mobile Home Park also had a hydrant. He was uncertain of the number or
location of other hydrants in the area. Mayor Christiansen questioned who would
bear the expense of additional hydrants, if necessary. Responding, Mr. Koenig
assured members the City would not be responsible for adding hydrants in the TUI
service territory and confirmed that use of City of Dover fire hydrants would be
required if more hydrants were installed.
The Committee recommended approval of staff’s recommendation to authorize the
City Manager to amend the existing Lakeland Interconnection Agreement with
Tidewater Utilities, Inc., to include the monthly facilities charge allowed in
Tidewater’s tariff and to also include the supply of both domestic water and fire
protection at the meter location.
By consent agenda, Mr. Slavin moved for approval of the Committee's recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Hare absent).
By consent agenda, Mr. Slavin moved for acceptance of the Utility Committee Report,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Hare absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
SEPTEMBER 22, 2014
The Legislative, Finance, and Administration Committee met on September 22, 2014 with Chairman
Slavin presiding.
Proposed Financial Reforms - Compensation Policies (Deferred during the
Committee Meeting of August 11, 2014)
During the Committee meeting of June 23, 2014, Mr. Slavin advised members that
during the June 11, 2014 Special City Council Meeting - Budget Review he proposed
a series of 14 financial reforms to be addressed over the next six (6) to nine (9)
months that would assist in shaping the City's Budget for FY 2015/2016. He stated
that the proposed reforms were clustered into four (4) separate areas, as follows:
1) public safety; 2) compensation policies; 3) property tax governance; and
4) restrictions on uses of appropriations. He requested that members consider the
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 12
public safety area first and that staff be requested to review the reforms, develop
recommendations, and provide information on any financial gap that may result. He
explained that the review would allow members to identify whether there was a need
to create policy, ordinances, or Charter changes to implement any changes that may
result from those discussions.
Mr. Slavin reviewed the three (3) financial reforms related to proposed compensation
policies, as follows:
6) Council will not authorize pay raises, bonuses, or other forms
of compensation in consecutive fiscal years for any City
employee, including Council appointees. A two-thirds vote of
Council is required to authorize an exception to this policy.
7) Council will not authorize more than 1% compensation
increases (which shall include the total of salary, bonus, and
other forms of compensation) for any one fiscal year. A
two-thirds vote of Council is required to authorize an exception
to this policy.
8) Council will not authorize any compensation package with a
bargaining unit which results in a total compensation increase
of more than 2.5% in any three-year period. A two-thirds vote
of Council is required to authorize an exception to this policy.
In reference to proposal #8, Mr. Slavin requested that the phrase “with a bargaining
unit” be stricken, noting that the reforms were intended to address all employees
equally. He explained that the reforms were intended to provide policy level
guidance to executive branch staff on the compensation of all employees, including
both employees who were represented by unions and those who were not. He
indicated that his experience had been that there had been some “fairly alarming
miscommunication” occurring between the executive branch and the legislative body
regarding compensation. He stated that he did not believe that this was the fault of
anyone but Council and that Council needed to state its expectations in relation to
compensation early in the process. Absent this policy-level guidance from Council,
he felt that the City would continue to find itself in situations similar to one that
occurred two (2) weeks ago, when the negotiating team returned with results of
negotiations and found that they were unacceptable to Council. Mr. Slavin indicated
that these reforms were also intended to send a very plain and simple message that
the City was not the type of employer that would be able to give annual increases
which are out of alignment with its resources and the status of the rest of the
economy. He stated that City employees do “a great job,” expressed pride in serving
with them, and indicated that this was not a statement against employees but merely
a statement of fact. Mr. Slavin expressed his opinion that the City could not afford
to be the type of employer that it had been in the past.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 13
Mr. Anderson expressed his feeling that this was a well thought out item and stated
appreciation that it was brought forward, noting that it would open up a discussion
about where the City was going with its budgets. However, he indicated that he was
unsure whether he was “on board” with some of the specifics because he felt they
may be too restrictive, with inflation. Mr. Anderson expressed skepticism that the
rate of inflation would be less than 2% in a year and 6% over the course of three (3)
years. Mr. Anderson stated that it would be important to take inflation rates and
other realities into account if a cap were to be set. In addition, he stated that he did
not wish to preclude negotiations before they begin. Mr. Anderson noted that he
definitely believed in fiscal restraint and had a problem with the 9% raises in a one
(1) year period and 6% retroactive raises that were recently proposed for the
American Federation of State, County, and Municipal Employees (AFSCME)
contract. He felt that the City had gotten out of control in the past with raises that
became unsustainable and did not want to see the City at that point again, particularly
when revenues were not as strong as they could be. However, he was unsure if the
proposed numbers were realistic.
Mr. Hutchison stated that he firmly believed that this was about building a policy and
a partnership with employees regarding future pay raises and he felt that the City
must work with employees to reach some standard or understanding about what
could and could not be done. He expressed his opinion that sometimes the City is its
own worst enemy, noting that discussions are held about the City’s financial matters
and then contrary actions are taken, such as building a library or doing other things
that are not budgeted for. After having been a part of the City for more than 40 years,
he felt that it was “way past time” to clearly establish guidelines in regard to payroll,
income, and expenses that everyone could work with.
Referring to his memorandum to members of the Committee, dated August 5, 2014,
regarding proposed compensation policies, Mr. Scott Koenig, City Manager,
reiterated that he was very concerned about the potential impact of these proposed
compensation policies. He stated that the City had been operating in a very
contentious union environment since he became City Manager in 2011. He advised
members that he realized that the economic conditions facing the City and its citizens
were not ideal by any means; however, expressed his opinion that the City’s financial
issues were still well within the manageable scale. From a recruiting and retention
perspective, Mr. Koenig stated that the proposed compensation constraints, especially
by individual employee, would likely hinder the City’s recruiting and retention
efforts. He noted that there were existing wage compression issues that could be
further expounded by implementing the policies as written. He advised members that
the Consumer Price Index (CPI) had ranged from 1.1% - 2.5% per year from
February 2008 - February 2014 and the proposed compensation increases seem
unrealistic, especially in a union-dominated environment.
Mr. Koenig stated that, while the implementation of such policies was within the
Council’s legal authority, he believed that it may not promote good public policy.
From a negotiator’s perspective, as well as management’s perspective, the policies
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 14
represented initiatives that would ultimately handcuff the ability to be creative at the
bargaining table and would, therefore, not be helpful to the negotiating process. The
ability to consider all possible solutions to any given issue at the table is critical to
success. While Mr. Koenig agreed that these policies represented a strict adherence
to fiscally conservative positions, they would likely increase the City’s costs
associated with the negotiation process as the unions would be agitated by the
restrictions from the start. In addition, he stated that any policy that is limited strictly
to bargaining units had the potential to create legal issues for the City. He explained
that the National Labor Relations Act (NLRA) protects employees’ rights to organize
and bargain without employer interference.
Mr. Koenig agreed, from a negotiating standpoint, that staff would like clear and
concise direction; however, he believed that this direction should be in the form of
strategies discussed in executive session rather than formal policies. He noted that
staff needed the ability to be flexible and creative in the negotiation process and a lot
of ideas, comments, constraints, and opinions go into this. He indicated that he
would gravitate toward direction being provided to the negotiating team as informal
and directive comments rather than formal policy.
Responding to Mr. Sudler as to whether his concerns had been discussed with the
City Solicitor, Mr. Koenig stated that these policies had not been discussed with the
City Solicitor; however, he had provided them to Baird Mandalas Brockstedt, LLC,
the City’s labor attorneys, who were very careful to say that in an ideal world it is
best not to be constrained by any specific policies when entering into negotiations
because it limits the ability to be creative at the table. Mr. Koenig reiterated that it
would be within Council’s legal authority to adopt the policies; however, in some
cases it would create additional challenges in the negotiating environment.
In response to Mr. Sudler regarding whether feedback had been received from the
union, Mr. Koenig stated that he had not received direct feedback. He expressed his
belief that someone from the Fraternal Order of Police (FOP) and a representative
from the American Federation of State, County, and Municipal Employees
(AFSCME) had spoken to Mr. Glenn Mandalas, Baird Mandalas Brockstedt, LLC,
regarding this, but there had been no comments on the record from Mr. Mandalas
regarding consideration of this item during the current meeting.
In response to Mr. Anderson regarding the cost of legal fees and staff preparation for
arbitration, Mr. Koenig stated that typically these discussions go to mediation first,
and costs had ranged from approximately $5,000 to $15,000 in legal fees, in addition
to the cost of staff time. He advised members that legal fees for arbitration with the
International Brotherhood of Electrical Workers (IBEW) were roughly $20,000, with
an additional $15,000 spent for expert witness preparation. Mr. Koenig estimated
that the total costs in arbitration, which involves a lot of detailed submissions and
expert testimony, would be easily in the $30,000 - $50,000 range. Mr. Anderson
noted that there would be additional time spent prior to arbitration in negotiations and
mediation.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 15
Responding to Mr. Anderson regarding the percentage of pay that mediation and
arbitration costs would represent in an average contract, Mr. Koenig stated that he
was unsure of this figure at this time; however, he estimated that approximately 3%
of the IBEW contract amount would equate to about $80,000. He indicated that for
contracts related to some of the smaller bargaining units, 3% would be in the range
of approximately $80,000 - $90,000 for one (1) year, which would be compounded
going forward.
Mr. Anderson questioned if successful negotiations could result in a potential savings
of 1% per year. Responding, Mr. Koenig stated that the City’s legal fees could range
$50,000 - $80,000 per year, depending on the intensity of negotiations.
Mr. Slavin inquired if Mr. Anderson’s questions regarding the cost of arbitration
were based on the assumption that the proposed policies would cause arbitration
more often. Responding, Mr. Anderson stated his feeling that the potential for
arbitration would exist more often.
Mr. Slavin indicated that the example that was cited (IBEW) referenced arbitration
that occurred before the proposed policies were on the table and noted that the City
had been in arbitration before.
Referring to the IBEW contract previously referenced, Mr. Anderson stated that a
goal of a 0% raise was set at that time for the negotiators, which eventually
happened, noting that negotiators did not have a lot of flexibility at the time this
contract was negotiated.
Mr. Slavin explained that the compensation policies were put forth not to be strictly
prohibitive, noting that the changes were proposed at the policy rather than ordinance
level, and that there was allowance for an override by a two-thirds vote of Council.
He stated that when an annual 3% increase is discussed, the City is often shortsighted
and the cost of the contract is not advertised; it is merely stated that a four (4) year
contract was presented with 3% raises in each of the four (4) years and that this is an
aggregate 12% increase. However, Mr. Slavin noted that these raises are much more
expensive because they carry forward beyond the term of the contract and are added
onto by the next contract. These costs are not calculated; only the four (4) year cost
is considered, and then it is said that funds will be saved with the retirement benefits
that are realized over 20 years. He felt that the true picture would show that some of
the raises that had been given by contract were hurting the City’s finances because
they escalate exponentially as the years go by.
Mr. Matt Knight, past President, Dover FOP Lodge 15, advised members that he had
been asked to attend by the current FOP President Dave Gist, and that the FOP was
monitoring this matter and was concerned. He felt that the proposed policies would
be constraints to contract negotiations and explained that the FOP had reached out
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 16
to its attorney, who reached out to Mr. Mandalas. Mr. Knight indicated that the
union was “keeping an eye” on this discussion. He stated that he understood the
override provided but reiterated that these policies would constrain negotiations.
Mr. Anderson inquired if the FOP, to Mr. Knight’s knowledge, was skeptical about
the idea of any constraints at all or about the numbers reflected in the proposed
reforms. Responding, Mr. Knight stated that the FOP was concerned about “both”;
however, he indicated that, based on his knowledge of past negotiations, any
constraints at all were a concern going into negotiations. He concurred with
Mr. Koenig that these matters could be discussed individually among each union
negotiating team.
Mr. Anderson expressed his opinion that there was some merit to the proposed
policies and that they needed to be discussed; however, stated that before proceeding
he would like to obtain an opinion from the City Solicitor on these items and to
determine, if they are moved forward, how this could be done. He expressed a desire
to make sure that everything was “on firm legality” before proceeding.
Mr. Anderson moved to recommend that the proposed compensation policies be
referred to the City Solicitor for a legal opinion, seconded by Mr. Sudler.
Mr. Slavin stated that this was a prudent step, noting that he felt that there was some
discomfort regarding the vehicle by which these proposals could be accomplished but
not the intent of the proposals.
The Committee recommended that the proposed compensation policies be referred
to the City Solicitor for a legal opinion.
By consent agenda, Mr. Slavin moved for approval of the Committee's recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Hare absent).
Bank Qualified Loan for the Completion of the Street and Storm Water
Improvements at the Garrison Oak Technical Park (GOTP), Self-Contained
Breathing Apparatus (SCBA) (Fire), and Radios (Fire and Police)
Mrs. Donna Mitchell, Controller/Treasurer, advised members that City of Dover
Finance Department solicited proposals from local banks to finance the following
projects as presented in the Fiscal Year 2015 Budget presentation:
GOTP - Street & Stormwater Improvements $2,600,000
Radios - Police 329,500
Radios - Fire 296,800
Self Containing Breathing Apparatus - Fire 292,000
Issuance Cost 61,000
Total $3,579,300
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 17
Mrs. Mitchell explained that she had reviewed the proposals and they were also
reviewed by Public Financial Management, Inc. (PFM), the City’s financial advisor,
and PFM indicated that PNC Bank had the best proposal in terms of financing rates.
Mrs. Mitchell stated that the rate proposed by PNC Bank was 66% of the London
Interbank Offered Rate (LIBOR), and other proposals were 66% or 67% of LIBOR
plus 1%; therefore, there was a vast difference. She indicated that she had asked
PFM to request the other submitters to provide a best and final rate, which was done;
however, PNC’s was still the best proposal.
Staff recommended acceptance of the PNC Bank proposal and adoption of
Resolution No. 2014-12 authorizing the issuance and sale of up to $4,135,000
General Obligation Bonds of the City of Dover. [City Clerk’s Office Note:
Subsequent to the meeting, the legal authority for the resolution was revised to list
the City of Dover Charter rather than the Laws of Delaware. This change was
approved by Ms. Emilie Ninan, City of Dover Bond Counsel, as well as
Mr. Nicholas Rodriguez, City Solicitor, and Resolution No. 2014-12 was amended
accordingly.]
Noting that the loan was amortized for 20 years, Mr. Anderson inquired if the City
was planning to pay it back in seven (7) years. Responding, Mrs. Mitchell stated that
the amortization schedule was based on 20 years, which would reduce the payments;
however, at the end of seven (7) years, it was planned to refinance the loan, along
with an additional loan related to the Dover Public Library. She indicated that these
loans would probably be merged together and there would be a bond issue to pay
them off, or another loan would be obtained to extend payments on the balance.
Mrs. Mitchell stated that this loan was broken into two (2) facilities since the City
was also refinancing its 2003 bond issue, which had only two (2) remaining
payments; however, the interest rate was so much better that the City would save
approximately $15,000 - $20,000 in interest. She noted that this amortization would
keep the principle payments at the same level they would have been if the bonds were
paid. Mrs. Mitchell indicated that payments would be higher during first two (2)
years and amounts would then drop off for the last five (5) years.
Mr. Sudler questioned what the forecast for the loan payoff would be without
merging it with the Dover Public Library loan. Responding, Mrs. Mitchell stated that
$190,000 per year was forecast for radio and fire equipment in the budget forecast
model. The total in the forecast model for this loan was $440,000 per year, without
the additional debt service.
The Committee recommended acceptance of the PNC Bank proposal and adoption
of Resolution No. 2014-12 authorizing the issuance and sale of up to $4,135,000 in
General Obligation Bonds.
By consent agenda, Mr. Slavin moved for approval of the Committee’s recommendation. The
motion was seconded by Mrs. Williams and, by a unanimous roll call vote (Hare absent),
Council adopted Resolution No. 2014-12, as follows:
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 18
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO [$4,135,000]
GENERAL OBLIGATION BONDS OF THE CITY OF DOVER TO REFINANCE CERTAIN
PRIOR DEBT; FINANCE STREET AND STORM WATER INFRASTRUCTURE AT THE
GARRISON OAK TECHNOLOGY PARK, RADIO EQUIPMENT FOR POLICE AND FIRE
OPERATIONS, AND SELF-CONTAINED BREATHING APPARATUS FOR FIREFIGHTERS;
AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH
WHEREAS, the City of Dover (the “City”) is authorized pursuant to Section 50, Volume 77,
Chapter 130, as amended (“the City Charter”) to issue general obligation bonds for the municipal
purposes of the City as set forth in a resolution authorizing such issuance; and
WHEREAS, pursuant to the City Charter, the City desires to issue general obligation bonds
in one or more series for the municipal purposes set forth herein (the “2014 Bonds”);
WHEREAS, the City has (I) certain Series of 2003 Bonds that can be refunded for savings
(the “Prior Bonds”), and (ii) approved certain capital construction projects and improvements and
desires to issue the 2014 Bonds to finance the costs of said improvements, including, but not limited
to the following:
1. Street and storm water infrastructure at the Garrison Oak Technology Park
2. Radio equipment for Police and Fire operations
3. Self-contained breathing apparatus for firefighters
(collectively, the “Projects”).
NOW THEREFORE THE CITY OF DOVER HEREBY ORDAINS (AT LEAST THREE
FOURTHS OF THE MEMBERS OF COUNCIL CONCURRING HEREIN):
Section 1. Amount and Purpose of the Bonds. Acting pursuant to the City Charter, the City
shall issue its general obligation bonds in the maximum aggregate principal amount not to exceed
[$4,135,000] to finance or refinance a portion of the cost of the Projects.
The monies raised from the sale of the 2014 Bonds (including the investment earnings
thereon) after the payment of the costs of issuance, shall be expended only for the purposes
authorized herein or as may otherwise be authorized by subsequent action by City Council.
Authorized purposes include the costs of planning, constructing, acquiring and equipping the
Projects or any portion thereof; interest on the 2014 Bonds and any interim financing during the
construction period and for a period of up to one year following the estimated date of completion;
the costs of issuance of the 2014 Bonds and any interim financing; the repayment of temporary loans
incurred with respect to the Projects; and the reimbursement of authorized costs previously expended
by the City from other funds.
Section 2. Terms of the Bonds. The 2014 Bonds shall be sold in one or more series to PNC
Bank, National Association (the “Lender”) pursuant to a proposal dated August 20, 2014 (the
“Commitment”) which is hereby approved by the City and the other terms and conditions to be
contained in a Loan Agreement between the City and the Lender (the “Loan Agreement”). The new
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 19
money 2014 Bonds are anticipated to bear interest at a variable rate during the construction period
and may be converted to a fixed rate at the end of the construction period or remain at variable rate.
The refunding portion of the 2014 Bonds shall bear interest at a fixed rate not to exceed 0.90%.
Section 3. Security for the Bonds. The full faith and credit of the City shall be pledged to pay
principal and interest on the 2014 Bonds.
Section 4. Qualified Tax-Exempt Obligation. The Bond is hereby designated as a qualified
tax-exempt obligation within the meaning of § 265(b)(3)(B) of the Internal Revenue Code of 1986,
as amended (the “Code”). For purposes of § 265(b)(3) of the Code, the Issuer and all entities that
issue on behalf of the issuer do not reasonably anticipate issuing more than $10,000,000, inclusive
of the Bond, of tax-exempt obligations in calendar year 2014.
Section 5. Details of the Bonds. The Mayor and City Treasurer are authorized to determine
the details of the 2014 Bonds including the following: the date or dates of the 2014 Bonds;
provisions for either serial or term bond; sinking fund or other reserve fund requirements; due dates
of the interest thereon; the form of the 2014 Bonds; the denominations and designations of the 2014
Bonds; registration, conversion and transfer provisions; provisions for the receipt, deposit and
investment of the proceeds of the 2014 Bonds; provisions for the replacement of a lost, stolen,
mutilated or destroyed 2014 Bonds; and provisions for issuing uncertificated obligations and all
procedures appropriate for the establishment of a system of issuing uncertificated debt. The 2014
Bonds shall be executed by the manual or facsimile signature of the Mayor and City Treasurer, shall
contain an impression of the City Seal of a facsimile thereof and shall be attested by the manual
signature of the City Clerk.
Section 6. Further Action. Each of the Mayor, the President of the City Council, the City
Treasurer, the City Manager and the City Clerk are authorized and directed to take such other action
on behalf of the City, as may be necessary or desirable to effect the adoption of this Resolution and
the issuance and sale of the 2014 Bonds and to provide for their security and to carry out the intent
of this Resolution, including the publication of notices and advertisements and the execution and
delivery of customary closing certificates.
Section 7. Effective Date. This Resolution shall become effective immediately upon its
passage. The City Clerk is hereby directed to publish once in a newspaper published in the City a
notice in substantially the following form:
“NOTICE IS HEREBY GIVEN that the City Council of The City of Dover, Delaware on
October 13, 2014 pursuant to Chapter 130, Volume 77, Delaware Laws, as amended, adopted a
resolution entitled as follows:
“RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO [$4,135,000]
GENERAL OBLIGATION BONDS OF THE CITY OF DOVER TO REFINANCE CERTAIN
PRIOR DEBT; FINANCE STREET AND STORM WATER INFRASTRUCTURE AT THE
GARRISON OAK TECHNOLOGY PARK, RADIO EQUIPMENT FOR POLICE AND FIRE
OPERATIONS AND SELF-CONTAINED BREATHING APPARATUS FOR FIREFIGHTERS;
AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH”
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 20
“The purpose of the issuance and sale of said bonds is to provide funds (approximately
$4,135,000) to pay a portion of the costs of certain projects including, but not limited to, (a)
refinancing certain prior debt; (b) financing (1) street and storm water infrastructure at the Garrison
Oak Technology Park, (2) radio equipment for Police and Fire operations, and (3) self-contained
breathing apparatus for firefighters; and © pay costs of issuance of said bonds.”
“Any action or proceeding to contest the validity of said resolution or any of its provisions
must be commenced within thirty (30) days after publication of this notice. After expiration of such
period of limitation, no right of action or defense founded upon the invalidity of said resolution or
any of its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions
be open to question in any court upon any ground whatsoever, except in an action or proceeding
commenced within such period.”
By order of the City Council of the City of Dover.
ADOPTED: OCTOBER 13, 2014
Proposed Ordinance #2014-22 - Budget Amendment Related to Capital
Investment Plan - Fiscal Year 2014 (FY14) Carry-Forward Balances
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the purpose of the
proposed ordinance was to rebudget project carry-forward balances from Fiscal Year
2014 (FY 14) projects. Balances for those projects had been calculated, and the
ordinance would incorporate those project balances in the FY 15 budget. She noted
that placing these carry-forward balances into the budget by ordinance would save
the Finance Department the time and trouble of having to manually place them in the
financial systems and ensure that the projects do not go over budget, and that this
matter was being moved along sooner than usual this year. Mrs. Mitchell reviewed
the City of Dover - General Fund - Major Capital Investment Plan (CIP) Projects -
Quarterly Report as of July 1, 2014. She explained that figures listed under the Total
Project - Past, Current & Future Budgets (Original Project Budget, Latest Project
Budget, Project To Date Expenses, Project Budget Balance, and % Budget Spent)
provided information regarding the total project. She noted that the Original Project
Budget column included amounts as adopted by Council in the original City budget
in the individual CIP sheets. The Latest Project Budget section reflected new project
amounts based on any budget revisions brought forth through Council or through
staff changes. The columns under Current Fiscal Year (Current Fiscal Year Budget,
Revised Fiscal Year Budget, Fiscal YTD Expenses, Budget Balance, and % Budget
Spent) applied to the Current Fiscal Year. Mrs. Mitchell explained that rebudgeting
the carry-forward balances would result in changes to the Current Fiscal Year Budget
and the Revised Fiscal Year Budget columns.
Referring to the City of Dover General Fund FY 15 Project Tracking Report As of
July 1, 2014, Mrs. Mitchell explained that this document was an internal schedule
used by the Finance Department to track projects to make sure that they stay on
budget as approved by Council. She stated that amounts in the Addition (Reduction)
column were based on action items brought to Council and were also included in the
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 21
Revised Budget column. The Internal Revisions represented project revisions made
internally within the budget amendment procedure, for example, savings that may
need to be used in other projects. Mrs. Mitchell indicated that this information was
provided to show how report numbers change from the original budget to the revised
budget.
Noting that projects appeared to be on budget, Mr. Anderson inquired if there were
any “red flags” that members should be aware of. Responding, Mrs. Mitchell stated
that this process did not indicate that there were any problems at this time. She
explained that any projects that were brought forth from July, such as Garrison Oak
projects, had been folded into the budget ordinance and that Council was aware of
such projects.
The Committee recommended adoption of Proposed Ordinance #2014-22, as
recommended by staff.
By consent agenda, Mr. Slavin moved for approval of the Committee's recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Hare absent). (The First
Reading of the ordinance will take place during the latter part of the meeting.)
Community Transportation Project - Third-Party Sponsorship - Solid Rock
Baptist Church Community Outreach Center
Mr. Scott Koenig, City Manager, informed members that staff had received a request
from the Solid Rock Baptist Church for the City of Dover to become a third-party
sponsor so that Community Transportation Funds (CTF) could be used on a portion
of a parking lot to be constructed for the Community Outreach Center at 113 North
West Street. He stated that staff met with members of the church, their contractor,
Senator Brian Bushweller and members of the Delaware Department of
Transportation (DelDOT) late last week to discuss whether this project would fit into
the guidelines of the CTF program. It was agreed that the request from Solid Rock
Baptist Church could be brought forward, if endorsed by the City of Dover to enter
into a third-party sponsorship agreement, so that approximately $25,000 of CTF
funds could be secured. Mr. Koenig stated that this would essentially pay for the
paving component of the parking lot, and the church and their contractor would be
responsible for the layout, and the stone and base preparation associated with the
proposed parking lot. He explained that the church would sign a blanket public
easement for the parking area to provide public parking for the next 20 years, as
required by DelDOT. Provided that the church the agreed to the 20-year easement,
the City, through the City Manager’s Office, would agree to put out a Request for
Proposals (RFP) for paving, using prevailing wage to comply with all the
components of CTF funds. Mr. Koenig stated that the contractor would be selected
based on the lowest proposal submitted, and agreements would be put in place before
the work could start. There would be no engineering requirements from City staff;
however, some administrative time would be required from the City Manager’s
Office to prepare the solicitation for quotes. Payment would be routed through the
City’s billing system, as had been done for previous CTF projects, such as Wesley
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 22
College. Mr. Koenig indicated that he originally did not want to participate in this
project; however, as the components were discussed with the DelDOT representative,
he was assured that the City could maintain its status as an entity that diligently
processes these funds by signing the agreements and funding a component of the
project. The City could also keep the project on the timeline that had been identified.
It was expected that all of the work could be completed by the end of the calendar
year.
Mr. Koenig stated that the request was for Council to authorize the City Manager to
enter into a CTF agreement with DelDOT, process the funding as a third-party
sponsor, work with members of the Solid Rock Baptist Church or their designee to
get the correct narrative language for the bid document, and complete the project in
a timely manner.
Noting that the funding was expected to be $25,000, Mr. Shevock questioned where
extra funds would come from if bids were received in excess of this amount.
Responding, Mr. Koenig stated that excessive bids would have to be rejected;
however, he noted that the scope of work was very narrow and expectations had been
discussed with some contractors. Knowing that the prevailing wage rates were
considered when developing the project, staff was reasonably confident that bids
would come in under $25,000 because the project had been tailored to meet this
criteria.
Mr. Shevock questioned if the use of community funds for this project would affect
any other funds that come to the City from DelDOT. In response, Mr. Koenig stated
that this project would not affect other DelDOT funds. He indicated that each
legislator receives approximately $250,000 in discretionary funds to be used for
sidewalk, lighting, and paving projects and that associated agreements are project
specific.
Mr. Hare indicated that he had no problem with this project. He noted that there was
a section of West Street near the recycling facility that needed work and questioned
if this project could be tied together with the proposed project. Responding,
Mr. Koenig stated that this was a separate project which would be addressed through
the City’s Street Program and assured members that staff would get this project done.
Mr. Sudler moved to recommend approval of staff’s recommendation to authorize
the City Manager to enter into a Community Transportation Fund (CTF) agreement
with DelDOT, process the funding as a third-party sponsor, work with members of
the Solid Rock Baptist Church or their designee to get the correct narrative language
for the bid document, and complete the project in a timely manner. The motion was
seconded by Mr. Hare.
In response to Mr. Hutchison as to whether the City had entered into a third-party
sponsorship with any other entities, Mr. Koenig indicated that the City had completed
a handful of similar projects which were not the norm but were somewhat unique
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 23
public/private partnerships. He cited projects related to Wesley College, the Inner
City Cultural League, and a public easement agreement regarding a portion of the
brickwork in front of the Wesley United Methodist Church Fellowship Hall.
Mr. Hutchison inquired if this project had been reviewed by the City Solicitor.
Responding, Mr. Koenig stated that this specific project had not been reviewed by
the solicitor; however, the Wesley College project did go through the solicitor’s
office. He reiterated that an easement would be developed to indicate that it is a
public parking lot and would be signed by the property owner, recorded, and a copy
would go to DelDOT. The City would solicit and review paving proposals and, once
the paving was laid, maintenance and any associated agreement would be the
responsibility of the property owner.
In response to Mr. Hutchison, Mr. Koenig stated that a 20-year agreement would be
developed in relation to this project that would be binding between all parties.
Mr. Anderson stated that he favored this project because it would be an effective way
to leverage private money and would cost the City only some staff time. He
indicated that this would help the community in the very near future without putting
the City’s taxpayers “on the hook” for maintenance, building, or anything else.
Mr. Anderson noted that the money set aside by the State legislators, if not taken,
could end up anywhere else in the legislative district, and he felt that this project
would benefit the youth in the community.
Mr. Shevock questioned if any of the associated costs, such as advertising for bids,
would come from the $25,000 in CTF funds. Responding, Mr. Koenig stated that
advertising had not typically been charged to these funds in the past; however,
expressed his understanding that this could be done, noting that all project costs that
qualified under the agreement would qualify for reimbursement.
Pastor William Grimes, Solid Rock Baptist Church, thanked members for the
opportunity to bring this matter forward. He stated that he met for over an hour with
Mr. Koenig and, as stated previously, Mr. Koenig was not initially in favor of the
project. However, Pastor Grimes indicated that he left with the opinion “there is
someone in the City Manager’s Office who is about integrity,” because Mr. Koenig’s
whole focus was to ensure that this approach was legal. He expressed his
appreciation that Mr. Koenig took the time to hear the concerns of the church.
Mr. Anderson questioned how much money the church had invested in the project.
Responding, Mr. Grimes stated that more than $50,000 of the church’s funds had
been allocated and that a loan had been secured through the National Association on
Life and Labor Research (NCALL) for $625,000.
Mr. Slavin questioned, by show of hands, how many of those attending were in
support of the project and 10 members in the audience raised their hands.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 24
The Committee recommended approval of staff’s recommendation to authorize the
City Manager to enter into a Community Transportation Fund (CTF) agreement with
DelDOT, process the funding as a third-party sponsor, work with members of the
Solid Rock Baptist Church or their designee to get the correct narrative language for
the bid document, and complete the project in a timely manner.
By consent agenda, Mr. Slavin moved for approval of the Committee's recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Hare absent).
By consent agenda, Mr. Slavin moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous
roll call vote (Hare absent).
SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT - SEPTEMBER 23,
2014 WORKSHOP
A Special Dover Human Relations Commission (DHRC) Workshop was held on
September 23, 2014 at 5:30 p.m. with Chairman Wilson presiding.
Presentation - Dover Public Library Changing America Exhibit Steering
Committee Volunteers
Ms. Michelle Hughes, Head of Adult Services, Dover Public Library, advised
members that the Dover Public Library would be presenting a traveling exhibit,
entitled “Changing America - The Emancipation Proclamation, 1863 and the March
on Washington, 1963,” from January 7 - February 20, 2015 and provided members
with an informational brochure. She stated that, as a grant requirement, the library
would offer an opening event and at least two (2) adult programs related to the
exhibit free of charge to the community. Ms. Hughes invited members to volunteer
to be part of a steering committee to develop public programs around the exhibit.
She explained that the exhibit would focus on the 100-year span between the
Emancipation Proclamation and the March on Washington. She indicated that she
had a number of programs planned that would target the 19th century; however, she
requested support on programs focused on the 20th century and asked members to
email her if they had any suggestions.
In response to Mr. McGiffin’s request for clarification of the specific needs,
Ms. Hughes stated that several scholars had agreed to attend and speak on the
abolitionist movement in the 19th century, but there were not as many who could
focus on the 1950s and 1960s. If members knew of local scholars that could address
this time period, she said that she would gladly take contact information.
Mr. McGiffin inquired if a presentation on desegregation of the Delaware schools
would be relevant, and Ms. Hughes affirmed that tying in local history would draw
in more people. Mr. McGiffin stated that his wife, Ms. Kathy Doyle, was an expert
on the school desegregation issue, had written a book on this topic, and might be
inclined to assist.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 25
Mr. Henderson questioned if Ms. Hughes had contacted Delaware State University
(DSU) history teachers. Responding, Ms. Hughes stated that staff had worked with
DSU teachers on the “Created Equal” film series held from July - September 2014,
so she had some contacts from DSU; however, she wanted to reach out to members
for other contacts who were not used previously in order to obtain different
perspectives.
Ms. Hughes provided her email address and invited members who were interested
in serving on the steering committee to contact her, noting that all final program
paperwork must be submitted by the end of November. She explained that serving
on the committee would involve helping to provide contact information for members
of the community who might be willing to give their time to help with the project,
including publicity and marketing.
Presentation - Re-Entry Opportunity Program
Mr. Ken Abraham advised members that he was involved in a non-profit group,
Citizens for Criminal Justice, but was attending on behalf of the Dover Interfaith
Mission for Housing (DIMH). Mr. Abraham explained that he was working with
DIMH in a new program assisting men with re-entry into society upon their release
from prison, noting that DIMH was the recipient of a three (3) year grant for this
purpose. He advised members that he had provided a presentation on this topic to
City Council during their meeting held on September 8, 2014. He had requested
Council to make a commitment to set an official policy to interview individuals who
had been screened by DIMH for appropriate employment opportunities with the City,
or to issue a proclamation or statement affirming that the City supported the hiring
of qualified convicted felons for appropriate jobs. Mr. Abraham requested that the
DHRC recommend that the City respond positively to this request. He also
expressed his hope that the City would provide a letter to DIMH, signed by the
Mayor, Council, and/or the DHRC Commissioners, to be presented to local major
employers, stating that they and other members of the community were encouraged
to hire qualified job applicants who may be convicted felons. Mr. Abraham
expressed confidence that this would be a win/win situation for those who had made
mistakes but paid their dues and for those who employ them in terms of getting good,
qualified, responsible employees.
Mr. Wilson stated that, as a Commissioner, he believed in this initiative and that he
was glad to see that community support was being offered. He indicated that he,
personally, would approve of recommending it to Council; however, his biggest
concern was making sure that safeguards were there for the public.
Mr. Henderson complimented Mr. Abraham on the “great” presentation that he
provided previously to City Council and questioned if he could provide an example
of a success story. Responding, Mr. Abraham stated that one (1) participant was
working as a chef at Dover Downs and offered to follow up with other examples.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 26
Mr. Henderson inquired whether the individuals involved were heavily minority, and
Mr. Abraham stated this was the case since the prison population was heavily
minority; however, individuals were from every background.
Responding to Mr. Wilson as to whether individuals involved were from the local
community, Mr. Abraham stated that most were local and others came from Sussex
and New Castle Counties, as well as Maryland.
Mr. Ruane stated that he had researched House Bill 167, the so-called “ban the box”
legislation which would prohibit public employers from asking applicants to indicate,
typically by checking a box on an employment application, if they have been
convicted of a crime until after an initial interview. Mr. Abraham felt that this
legislation was “progress but very little,” stating his understanding that it would
apply only to government entities and not private employers. In addition, it was his
belief that the ban the box requirement would apply only to the initial employment
inquiry.
Noting that he had reviewed the City of Dover job application and that it did not
include such a check box, Mr. Ruane felt that it appeared that the City of Dover had
no choice but to give fair and equal opportunity and questioned, therefore, what
would be gained from a supportive letter. He inquired if DIMH had spoken to the
City of Dover Human Resources Department and whether the City was utilizing any
practices that were detrimental to the clients being served by DIMH.
Mr. Abraham stated that there were no such detrimental practices to his knowledge
and that DIMH had steered individuals toward jobs with the City. He felt that the
City’s relationship with DIMH was “good but could be a lot better” and reiterated his
hope of obtaining a commitment from the City to interview qualified, responsible,
dependable applicants after screening for technical or other job skills.
Mr. Ruane stated that he agreed with the intent of the program and hoped for its
success; however, that employers, including the City, were bound by other processes,
including qualifying applicants before an interview. He stated that ensuring that a
particular group would be granted interviews might result in challenges related to
discrimination against other qualified applicants.
Mr. Abraham explained that it was not desired that undue favoritism be given to
these individuals and stated his expectation that they would go through the normal
process.
Mr. Nicholas Rodriguez, City Solicitor, stated that Dover had a city manager/council
form of government and the City Manager was responsible for overseeing
employment in the City; therefore, he felt that this matter would be up to the City
Manager. Mr. Rodriguez advised members that he was not familiar with the City’s
application process. He indicated that Mr. Abraham had given a very good
presentation before Council and that he had told Mr. Abraham that perhaps feedback
would be received from the City and staff regarding applications.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 27
Mr. Wilson expressed thanks to Mr. Abraham for his presentation.
Discussion - DHRC Authority and Complaint Process/Formulation of
Complaint Process and Form
Mr. Nicholas Rodriguez, City Solicitor, advised members that Chapter 58 - Human
Relations, Article II - Human Relations Commission, Sec. 58-32 states that the
DHRC is an advisory commission rather than a decision-making commission. He
indicated that, in the past, complaints had been submitted to the DHRC, and the
Solicitor’s Office had stated that the DHRC should not hear such complaints because
it is an advisory body that, in his opinion, was “way beyond the application and
complaint process.” Mr. Rodriguez advised members that Sec. 58-33(e) Functions
limited, of the Dover Code states that “the Commission shall not involve itself in
activities or functions already assigned by law or decree to other governmental
bodies,” such as the Department of Labor, the City, and the State. He indicated that
the purpose of the Commission was to advise Council, obtain community input,
discuss diversity and discrimination, and make recommendations. Simple
complaints, in his opinion, were below the role of the Commission.
Mr. Wilson questioned if the DHRC had the authority to develop a complaint form
of any nature.
Mr. Rodriguez recommended that a complaint form not be developed because this
would result in the receipt of individual complaints that the DHRC could not hear,
as had occurred in the past. He stated that he had reviewed the Draft DHRC Strategic
Plan 2015-2018 prepared by Mr. Ruane (subsequent agenda item) which he felt
looked “fantastic” and that this type of activity was what the City of Dover had
wanted the Commission to do when it was enacted.
Commissioner Gail Launay-Tarlecki, Vice Chair, State of Delaware Human
Relations Commission (SHRC), advised members that the SHRC’s website states
that the Commission strives to “promote amicable relationships among the various
racial and cultural groups within the State of Delaware” and that the DHRC would
attempt to perform this function within the City of Dover. She indicated that not
having jurisdiction would not prevent complaints from coming before the DHRC so
that the DHRC could look for avenues to assist people. It was her belief that a
complaint process would be a legitimate method for logging issues and bringing them
to the Commission to discuss and work on as a whole; however, she cautioned
members to be careful regarding how such complaint forms are viewed, indicating
that she did not have the impression that the DHRC was a hearing body.
Ms. Launay-Tarlecki advised members that individuals bring concerns to the SHRC,
sometimes repetitively, and although the SHRC does not have jurisdiction over some
types of issues, they serve as a point of reference and note on the complaint form that
an individual was referred to the appropriate place. This gives the appearance that
the SHRC is an active, viable body that is doing work for the community. She
questioned if Mr. Rodriguez was referring to legal complaints.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 28
Mr. Rodriguez stated that he was referencing individual complaints, as opposed to
those brought forward from groups.
Ms. Launay-Tarlecki explained that there was precedent in other cities for human
relations commissions to have a complaint process that is not necessarily to hear
cases, noting that the City of Philadelphia’s commission has such a complaint
process and their commission sits under their state commission.
Mr. McGiffin felt that the existence of a complaint form and acceptance of the form
by the DHRC would imply that the Commission could offer some kind of redress,
and stated that Mr. Rodriguez had indicated that this was not to be done. He agreed
with the City Solicitor that the complaint form could be more trouble than it would
be worth since it would suggest a promise that the DHRC could not deliver.
However, Mr. McGiffin felt it would be a legitimate and valid function to be open
to general information issues, not formal complaints that come to the DHRC’s
attention, if the DHRC wanted to be an information and referral source.
Mr. Henderson expressed confusion about the role and responsibilities of the DHRC.
Ms. Launay-Tarlecki stated that a complaint form would allow members to learn why
someone would be coming before the Commission before they do so, which would
provide time to consider the issue so that it could be referred to the appropriate body.
This referral could then be noted on the complaint form, even if the matter was out
of the Commission’s jurisdiction. The complaint form would be an “action
document” that showed the work of the Commission. She felt that this would be a
way for the Commission to review issues to see if there is a way to provide amicable
relations within the City. Ms. Launay-Tarlecki stated that she was not familiar with
the DHRC’s empowering legislation; however, she indicated that State
commissioners regularly receive such complaints and, through experience and the
diversity within the SHRC, offer help, usually including a name and phone number
of an appropriate agency. This information is recorded on the State form.
Ms. Launay-Tarlecki stated that the SHRC had a sunset review by the General
Assembly approximately a dozen years ago and, in the course of this review, the
forms proved useful as a way of keeping a record of the SHRC’s activities and
tracking issues.
Mr. Wilson suggested that a draft DHRC complaint form be developed and submitted
to the City Solicitor to determine if it would be legal and binding for the City. He
stated his understanding that the form would help the public understand the identity
of the DHRC and would validate the Commission’s existence, as well as the two (2)
commissioners in each district who would be receiving complaints. He felt that it
was necessary to have an avenue for complaints, even if it this would be just for
referral to the State or other agencies that could provide help.
Mr. Rodriguez stated that he did not recommend a complaint form, because this
would lead to individual complaints, as had been received in the past, which would
be referred to the City Solicitor, who would tell the Commission that it did not have
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 29
jurisdiction because the DHRC is an advisory body. By referring individuals
elsewhere, perhaps suggesting a private attorney or the State, the DHRC would be
giving advice, and this could create problems. He reiterated his opinion that the
DHRC should not have a complaint process, noting that it had not worked in the past,
and that the role of the DHRC was to go out into the community to find out where
problems were occurring.
Mr. Wilson suggested that this issue be further explored and that the DHRC develop
a recommendation regarding the complaint process for City Council during the
DHRC meeting scheduled for October 28, 2014. He questioned if the functions that
the DHRC could and could not perform were already legally in place, and
Mr. Rodriguez confirmed that this was the case. Mr. Rodriguez stated that he
respectfully disagreed with the State, noting that the State had much more authority
than the DHRC and it was his opinion that the DHRC was not created for the purpose
of receiving and responding to individual complaints.
Ms. Launay-Tarlecki stated that she had not seen the DHRC’s enabling documents;
however, she questioned how members would record what they were hearing as the
“ears” of their districts, what would be the point of hearing it, and what was desired
to occur as a result. She stated her opinion that this is what the form should reflect.
Mr. Rodriguez expressed his opinion that Commissioners would receive verbal
complaints, and if individual commissioners received written complaints, Chairman
Wilson would bring them before the Commission. He stated that it was desired to
move the DHRC away from individual complaints that they have no jurisdiction
over.
Mr. Ruane concurred with Mr. Rodriguez that complaint forms should not be
developed and the DHRC should not deal with individual discrimination cases. He
noted that one (1) of the long-term objectives stated in the draft DHRC Strategic Plan
2015-2018 (subsequent agenda item) was “to define when a diversity, inclusion and
or a human relations issue exists and specify the types of these issues that will be
accepted by the Commission” and then develop a process for acceptance, which he
stated may or may not include a form. He explained that the DHRC’s first
responsibility was to make sure that the City of Dover administration, government,
and Council were favoring and promoting diversity, had policies and programs that
reflect that diversity, and did not have a practice, service, or program that had
systemically become a human relations issue. If a form were needed to document
issues, he felt that it would be a DHRC diversity issue statement and the DHRC
would then make a recommendation to City Council to change this program.
Mr. Ruane stated that once the focus was on diversity, the Commission would be
considering much broader issues than anti-discrimination complaints. He indicated
that the first focus would be on the City; then on engaging the community to try to
get the same sense of diversity, openness, and inclusiveness in other places in the
City; and then supporting and engaging with other groups that are trying to do the
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 30
same thing, such as the Hispanic Council, and Inner-City Cultural League, and the
Dover Public Library. He felt that there were great challenges in determining the
status of diversity of the City of Dover, beginning with programs and government.
Mr. Wilson mentioned that the City was in the process of distributing a Recreational
Needs Assessment survey that may be a matter for consideration.
Mr. Wilson thanked Mr. Rodriguez for attending. Mr. Rodriguez expressed
concurrence with Mr. Ruane’s comments, stating that they articulated the purpose of
the DHRC in his opinion.
Ms. Launay-Tarlecki stated that she was not saying that the DHRC would have a
court and hear cases; however, she stated that within the function of the Commission,
a form or process for keeping track would be the right answer, reiterating that she
was not familiar with the DHRC empowering laws.
Mr. Ruane questioned if the State’s compliant form could be provided by the City;
for example, if the City Clerk’s Office could be empowered to refer an individual
with an employment discrimination complaint to the SHRC and provide an SHRC
form without giving advice. Ms. Launay-Tarlecki stated that a SHRC business card
could be provided and that the State’s complaint form was available online.
Mr. Wilson stated that, in this event, he would like to meet with the City Clerk and
make sure that the Clerk’s Office was on the same page as the DHRC and the
Council President.
Mr. McGiffin stated that Mr. Rodriguez had recommended against the DHRC
providing information and referral, because by doing so the Commission would be
accepting responsibility for sending people to the correct entity. He indicated that the
City Solicitor had suggested that if the City Clerk’s Office were instructed by the
DHRC to provide a complaint form but gave the wrong type of referral, this could
cause problems. Mr. McGiffin stated that if the DHRC decided to provide
information and referral, this would be decided knowing that Mr. Rodriguez would
have an issue with it.
Mr. Ruane withdrew his suggestion to provide referral in view of the legal advice
provided.
Mr. Wilson suggested that members come forward with their ideas regarding
complaint forms at the meeting scheduled for October 28, 2014 and that a decision
would be made at that time. He reminded members that the City Solicitor had
spoken; however, members could discuss documenting Commission actions, as
suggested by Ms. Launay-Tarlecki, and determine what could be developed that was
in line with the City’s Solicitor’s recommendation.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 31
Mr. Henderson questioned where notes regarding complaints in the community
should be referred, if the DHRC could not develop a form and did not have
jurisdiction.
Responding, Mrs. Traci McDowell, City Clerk, stated that when members take such
notes and report comments and issues to the Commission in terms of City programs
that the DHRC needs to look at, this would be reflected in the meeting minutes,
which are the permanent, formal record on these matters.
Review of Draft DHRC 2015-2018 Strategic Plan
Mr. Ruane stated that developing the identity and function of the DHRC had been a
problem for a long time and suggested that this be settled. He reviewed the Draft
DHRC Strategic Plan 2015-2018 and requested that members agree to a mission
statement and add to or subtract from the objectives included, emphasizing that the
document was a draft. Mr. Ruane advised members that the start year for the Draft
Plan was stated as 2015 to allow time to establish the plan and suggested that three
(3) year, long-term strategic objectives be organized around the components of the
DHRC’s mission, noting that performance measures or short-term action steps were
not included at this time. Once objectives were agreed upon, he suggested that three
(3) commissioners and/or citizens help flesh out each objective.
Mr. Ruane explained that he had taken information from the DHRC legislation and
placed it in three (3) concise mission components, as follows:
1. Work to ensure that the City of Dover has and utilizes policies,
programs, ordinances, organizational practices, specialized
resources and appropriately trained employees to support
diversity, inclusiveness and cultural competency in its
organization and services.
2. By involving all segments of the community, the Commission
promotes an understanding and appreciation of the benefits of
diversity, inclusion, and positive intergroup relations among
residents of varying backgrounds in the city; and, advocates for
an environment of fairness and respect.
3. Works with the City Council and the City Administration and
other community organizations to strengthen inter-group
relationships and to eliminate discrimination; and, to anticipate,
prepare for and resolve incidents of intergroup conflicts and
disputes within the city.
Referring to the first mission component, Mr. Ruane stated that an example of this
function would be for the DHRC to determine if the City’s recreation program is
diverse.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 32
In reference to the third mission component, Mr. Ruane stated that incidents that had
recently transpired in Ferguson, Missouri showed the need to have a plan in place for
dealing with conflict at the neighborhood or City level. He proposed that the DHRC
determine what type of role it would have in the case of community conflict, noting
that training and experience would be necessary for Commissioners to serve in this
role.
Mr. Ruane suggested that the major goals of the DHRC be organized around its
mission statement and reviewed the proposed vision statement, affirming that, “The
Commission’s vision is a city whose government, organizations, groups and
individual citizens value diversity, inclusion, respect and trust.” He recommended
dividing members into four (4) committees, as follows: 1) Government Policy,
Programs, and Practices Committee; 2) Community Engagement Committee;
3) Education Committee; and 4) Communications Committee. Mr. Ruane proposed
that committee members meet and bring specifics, such as timetables and
measurement tools for objectives, to the Commission.
Mr. Wilson suggested that two (2) DHRC members serve on each of the committees
and that the at-large commissioner and the DHRC Chair rotate among committees
if desired. He requested that members review the committees and decide on which
committee they would like to serve, noting that they could serve on more than one
if they chose to. He stated that he had reviewed the plan, as well as the City’s related
ordinances and code, and compared it with other cities and that Mr. Ruane had done
extensive work on this.
Mr. McGiffin noted that Mr. Ruane had done a great deal of work on the plan, to the
DHRC’s benefit, and thanked him for his efforts.
Ms. Smith stated that it was evident that Mr. Ruane had put a great deal of time and
energy into the Draft Strategic Plan.
Mr. Ruane stated his understanding that committees could assemble before the
October 28, 2014 meeting, which could then be dedicated to hearing preliminary
specifics on how the larger objectives could be realized during the three (3) year
period.
The Commission recommended adoption of the City of Dover Human Relations
Commission Strategic Plan 2015-2018.
By consent agenda, the City of Dover Human Relations Commission Strategic Plan 2015-2018
(Exhibit #2) was adopted by motion of Mr. Slavin, seconded by Mrs. Williams and carried by
a unanimous roll call vote (Hare absent).
Mr. Wilson felt that holding meetings of the DHRC on a quarterly basis would not
be often enough to accomplish what must be done, noting that the Commission had
recently held additional special meetings.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 33
Referring to Exhibit #1 to the Draft DHRC Strategic Plan 2015-2018, Definition for
Diversity CUNY Queensborough in New York City, Mr. Ruane pointed out that the
section entitled, “A diversity issue exists when,” provided some language that might
help members understand when the Commission would be activated. He explained
that a diversity issue would not apply in an individual case; however, if a policy,
business practice, or service had a different impact on a particular group in the City,
the DHRC would go into action. Mr. Ruane stated that the DHRC goes beyond the
individual and strives to change the system, based on an analysis of current practices
and the development of better practices. If something on the street helps to educate
a commissioner, this could be brought to the table when a particular program is being
discussed.
Ms. Smith stated her experience that complaints typically start with one (1) person
and can lead a group to follow that individual, referencing the individual who was
shot in Ferguson, Missouri, and questioned at what point the DHRC should become
involved. In addition, she stated that the perception of a diversity issue may differ
from one (1) person to another based on their varying experiences and questioned,
as a commissioner, whether this determination should be based on the
commissioner’s perceptions or those of the people being served.
Mr. Henderson felt that all diversity issues start with an individual and expressed his
fear that if an overly analytical approach were taken, the DHRC would end up
“running after the problem trying to solve it.” He felt that the Commission must be
proactive.
Mr. McGiffin stated that Mr. Ruane had designed a strategic plan that would allow
the DHRC to determine ahead of time whether the potential for an incident like
Ferguson existed in Dover so that the Commission could encourage the City to
address whatever “tinder was out there that might give rise to a Ferguson blaze before
it goes on fire;” therefore, this type of action would be inherently proactive.
However, the DHRC would only become aware of potential problems by hearing
from the community. He indicated that if City policies were reviewed by the
Government Policy, Programs, and Practices Committee and determined to be
inadequate, then members would improve them so the City would be prepared should
that situation arise. The DHRC would have done its job by advising the City that this
was a potential problem and providing ideas on how to solve it.
Mr. Wilson advised members that they would hear things in their communities and
would be able to execute actions and advise Council on what to do. He recalled that
during one (1) of his meetings with two (2) of the DHRC Commissioners and two (2)
Council representatives, a Commissioner stated that they had never seen the Council
members in the City districts before. Mr. Wilson asked members to consider how
difficult it would be to obtain conflict resolution without a strategic plan, such as the
one developed by Mr. Ruane, and if the entities involved did not know one another,
it would result in a disservice to the entire City. Mr. Wilson stated his understanding
that the City would be reviewing the 1988 Consent Decree that resulted from the
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 34
NAACP vs. the City of Dover lawsuit, noting that the City was considering changing
its existing type of government and that some would be in favor and others would
not. He stated that developing a strategic plan would allow the DHRC to be
structured in such a way that the elected officials could be involved in decision
making that would advance everyone in the City.
Mr. Wilson stated that the Strategic Plan would be on the agenda for
October 28, 2014 for further discussion, and that he wished to hear from the State on
the plan as well.
Ms. Launay-Tarlecki stated that she had read the Draft Strategic Plan cursorily and
that a lot of good work went into it. She still felt that members might find use for
some type of form, although it might not be the complaint form initially envisioned.
She thought that the form might convey information in addition to what was stated
in the minutes, provide a way to communicate with and obtain contact information
for individuals who approach members on the street with issues, and be helpful in
recording and reporting. Ms. Launay-Tarlecki felt that the Strategic Plan was
“fantastic” and expressed pride in the DHRC for moving quickly to adopt it. She
stated that the SHRC had access to training resources through the University of
Delaware conflict resolution and public policy programs, which provided education
on mediation, negotiation, and hostages and terrorism. She indicated that these
resources may be available to the DHRC members. Ms. Launay-Tarlecki felt that the
DHRC Strategic Plan 2015-2018 would provide a good foundation for the
Commission.
Mr. Ruane questioned if Mr. Wilson intended for members to sign up for a particular
committee and meet before the October meeting and provide a report.
Responding, Mr. Wilson inquired if members had made choices in terms of
committee assignments.
The Commission recommended committee assignments, as follows: 1) Government
Policies, Programs, and Practices Committee - Mr. Ruane (Chair) and Mr. McGiffin;
2) Community Engagement - Mr. Roach (Chair) and Ms. Hicks; 3) Education
Committee - Mr. Henderson (Chair) and Mrs. Sadusky; and 4) Communications
Committee - Ms. Smith (Chair) and Ms. Stewart.
By consent agenda, Mr. Slavin moved for approval of the Commission’s recommendation,
seconded by Mrs. Williams and carried by a unanimous roll call vote (Hare absent).
Mr. Wilson stated that he would serve on all committees and help them as best he
could. He advised members that it would be up to the committee chairs to decide
when to meet prior to October 28, 2014 and requested that the City Clerk be
informed so that emails could be sent regarding the date, time, and place.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 35
Commission Members’ Announcements
Mr. Wilson reminded members that Diversity, Respect & Harassment Awareness
Training for City of Dover employees was available on October 7, 2014 8:30 a.m. -
9:30 a.m.; 10:00 a.m. - 11:00 a.m. and October 14, 2014 8:00 a.m. - 9:00 a.m. and
9:30 a.m. - 10:30 a.m.
Mr. Ruane advised members that a Hispanic Heritage Celebration was scheduled for
October 4, 2014 from 10:00 a.m. - 4:00 p.m. and would conclude with a concert at
the Schwartz Center for the Performing Arts at 4:00 p.m. He indicated that the
Community Engagement Committee might want to touch base and partner with this
group and perhaps the DHRC could partner in putting on this event in the future.
UTILITY COMMITTEE REPORT - OCTOBER 13, 2014
The Utility Committee met on October 13, 2014 with Chairwoman Williams presiding. (Except for
the following time sensitive issue, the Utility Committee Report of October 13, 2014 will be
presented to Council during their Regular Meeting of October 27, 2014 for review and
consideration.)
Dedication of Rights-of-Way and Public Infrastructure - Village of Cannon Mill
(Phases I, II, III, and IV)
The Utility Committee met on October 13, 2014 with Chairwoman Williams
presiding. Except for the following time sensitive item, the Committee Report from
October 13, 2014 will be presented to Council during their Regular Meeting of
October 27, 2014 for review and recommendation.
Staff submitted a request that all public infrastructure improvements related to the
Village of Cannon Mill (Phases I, II, III, and IV) be dedicated to the City of Dover
for permanent ownership and maintenance. Members reviewed a list of the public
improvements associated with each phase of the development, as well as a map
showing the general location and configuration of the subject rights-of-way, broken
into phases. The total construction value of the public improvements was
$2,602,919.
Mr. Scott Koenig, City Manager, indicated that the original developer of the Village
of Cannon Mill filed for bankruptcy, which resulted in work stoppage within the
subdivision. The final wearing course and punch list items remained to be completed
to meet the City of Dover standards and specifications for Public Works construction
and had been outstanding for many years. He assured members that the City was
prepared to complete the work required, pending rights-of-way and public
infrastructure dedication, as well as acceptance of a paving improvements bid by City
Council.
Mr. Koenig reminded members that in 2013, staff had submitted a request for the
dedication of a portion of the Village of Cannon Mill. It was his recollection that,
although the Committee recommended acceptance, when the matter was presented
to City Council for approval there were concerns regarding bonding and a failed letter
of credit that needed to be addressed. As a result, the dedication was deferred. At
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 36
this time, he stated that staff was requesting the dedication of the entire subdivision’s
incomplete infrastructure, explaining that the City had been working with legislators
to secure funding from the Community Transportation Fund (CTF). Mr. Koenig
informed members that Mr. Tony Ashburn, Ashburn Homes, Inc., and Artisans’ Bank
had pledged funds, either through a letter of credit or letter of commitment, to
complete the infrastructure in portions of the development in Phases III and IV;
however, Mr. Koenig stated that the City had not been successful with action related
to the original letter of credit with the First National Bank of Wyoming. He stated
that the City had submitted a bank draft on the letter of credit and there was related
correspondence between the attorneys. He noted that there had been several
developers since the original developer, Moore Cannon Mill, and that the City did
not secure the correct letters of credit to ensure that the protections would carry
forward. As a result, the City was currently in the process of completing
approximately $800,000 worth of infrastructure in the Village of Cannon Mill and,
in order to obtain funding from the State CTF, the City needs to accept the dedication
of the infrastructure and sign agreements to complete the infrastructure.
Mr. Koenig stated that there was currently a gap of approximately $300,000 between
what is necessary to complete all infrastructure and the funding available associated
with the complete paving and concrete finishing for the development.
Staff recommended acceptance of the dedication of rights-of-way and public
infrastructure of the Village of Cannon Mill Subdivision, with the dedication to
include all of the referenced public improvements.
Mr. Koenig advised members that during the City Council meeting scheduled for
later in the evening, members would consider a request for approval of a construction
contract that would allow approximately $824,000 of work to complete the
rights-of-way and public infrastructure. He explained that the caveat on the bids was
that the City would complete only the work which could be done with the funds the
City has available. Rather than utilizing City funds, he stated it may be necessary to
delay some of the paving until additional CTF funding becomes available from the
State. Mr. Koenig noted that approximately $550,000 in non-City funding was
available for the project. Since some funding agreements were coming in under
budget, he stated that it was the City’s intention to move those excess monies,
provided the State legislators agree to the project. However, Mr. Koenig expressed
the need to first accept the dedication of rights-of-way and public infrastructure of
the Village of Cannon Mill Subdivision. He advised members that the subdivision
was originally proposed to consist of 375 units and 250-275 units had been
constructed, explaining that some residents had lived there since 2005, 2006, 2007,
etc. Mr. Koenig explained the difficulty in providing services (snow removal, street
sweeping, etc.) since the roads had not been completed.
Responding to Mr. Perza, Mr. Koenig stated that the total value of all infrastructure
was $2.6M; however, the only financial risk the City would have if funding were not
received from the State would be the costs of paving the roadways, in the amount of
$825,000. He explained that the City had received commitment letters from the
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 37
legislators and letters of credit totaling $540,000; therefore, the maximum exposure
for the City would be $285,000. However, he stated that the City would only
complete the work for which the City had obtained funding and then return to
legislators to request additional funds during their next funding of CTF projects.
Although legislators are provided CTF funds on July 1st of each year, they do not
always use all available funding. Mr. Koenig noted that Representative Darryl Scott
had committed a large portion of the required funding, in the amount of $250,000,
for this project; Senator Brian Bushweller had committed up to $65,000; and
Senator Colin Bonini had committed approximately $5,000. Mr. Koenig stated that
there may be additional funding available as a result of other agreements coming in
under budget between the current time and when the work is actually completed.
In response to Mrs. Williams’ question regarding why the letter of credit was not
secured, Mr. Koenig explained that typical letters of credit are “evergreen”, renewing
automatically unless returned by the City. In this instance, the original developer,
Moore Cannon Mill, obtained a one (1) year letter of credit from the First National
Bank of Wyoming which was very specific in the funding language that it would only
be active for one (1) year. In addition, Mr. Koenig stated that Moore Cannon Mill
sold the development to another LLC that was associated with the Robino
Corporation. As a result, the City did not check the expiration date of the letter of
credit since they typically automatically renew until given back. Therefore, although
the City had the original letter of credit, it had an expiration date, and no additional
letter of credit was provided for the project.
Responding to additional questions of Mrs. Williams, Mr. Koenig stated that the new
developer had made promises to complete the infrastructure and request the
dedication by the City. However, when the economy declined, there were three (3)
developments (Village of Westover, Nottingham Meadows, and Village of Cannon
Mill) whose developers claimed bankruptcy. The Village of Cannon Mill was the
only development for which the City was not provided protective documentation. He
stated that the letter of credit provided to the City was issued by the First National
Bank of Wyoming and was unfamiliar to staff, explaining that all other letters of
credit were received from Wilmington Trust and had a very specific format that is
familiar to staff. Mr. Koenig stated that, as a result, staff made an error in this regard
and he took full responsibility for this oversight. He stated that the developers who
currently hold property in the development, Artisans’ Bank and Mr. Ashburn, had
committed funds to pave the roadway in front of their properties and that
approximately $95,000 of the $540,000 related to these properties.
Mr. Koenig stated that if the City were unable to obtain the $825,000 necessary to
complete the projects and had only $540,000, it would leave approximately one
quarter of the paving work incomplete until additional funds could be obtained. He
advised members that the extension of Tribbett Street was currently under
construction in association with the construction of Leander Lakes Apartments and
that there had been several complaints and concerns regarding that connection
opening, which was a condition of the Planning Commission approval of the
construction of the new Dover High School. He noted that the legislators had quietly
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 38
questioned if the opening of this interconnection was best and he explained that any
change would require approval from the Planning Commission. Mr. Koenig stated
that, although there had been concerns with the possibility of a lot of “cut through”
traffic in the Village of Cannon Mill, there had been no test done to make this
determination.
Mrs. Williams suggested, if the City does not obtain the necessary funds to complete
Phase IV of the development, that the service road be closed to traffic until all
roadways have been completed. Responding, Mr. Koenig felt that this was a matter
that could be discussed in the future.
The Committee recommended approval of staff’s recommendation for the acceptance
of the dedication of rights-of-way and public infrastructure for the Village of Cannon
Mill, to include all of the referenced public improvements, and contingent upon the
City obtaining third-party matching funds, as described by staff, being lines of credit
and grants from the Community Transportation Fund; there being the understanding
that if it becomes necessary at some point in the future, City Council can remove the
contingency.
During the City Council meeting, Mrs. Williams advised members that there were several sources
of funding for this project and stressed the need to ensure that it did not affect the General Fund.
Mrs. Williams moved for acceptance of the dedication of rights-of-way and public
infrastructure for the Village of Cannon Mill, to include all of the referenced public
improvements, and contingent upon the City obtaining third-party matching funds, as
described by staff, being lines of credit and grants from the Community Transportation Fund;
there being the understanding that if it becomes necessary at some point in the future, City
Council can remove the contingency. The motion was seconded by Mr. Dixon and carried by
a unanimous roll call vote (Hare absent).
Mrs. Williams moved for acceptance of the Utility Committee Report, seconded by Mr. Slavin
and unanimously carried.
MONTHLY REPORTS - AUGUST 2014
By motion of Mr. Slavin, seconded by Mrs. Williams, the following monthly reports were
accepted by consent agenda:
City Assessor's Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report (July and August)
Economic Development Office Report
Fire Chief's Report
Police Chief's Report
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 39
EVALUATION OF BIDS - VILLAGE OF CANNON MILL PAVING IMPROVEMENTS
PROJECT
Mr. Scott Koenig, City Manager, advised members that the original developer of the Village of
Cannon Mill had filed for bankruptcy, which resulted in work stoppage within the subdivision. The
final wearing course and punch list items remained to be completed to meet the City of Dover
Standards and Specifications for Public Works Construction and had been outstanding for many
years. As such, the current infrastructure within the subdivision was in disrepair. City Council
accepted the Dedication of Rights-of-Way and Public Infrastructure for the Village of Cannon Mill
earlier in the evening and the City was in the process of obtaining the funds to correct the
infrastructure deficiencies by way of community transportation funds and bonds.
Mr. Koenig advised members that staff had been working for more than a year on trying to get
several of the unfinished developments through the process. Staff completed a detailed estimate of
all four (4) phases of the Village of Cannon Mill for the bid package. Bids were received from
George & Lynch, Inc., Daisy Construction, and A-Del Construction. Based on the evaluation of
bids, George & Lynch, Inc., was the lowest responsive bidder at $824,740. This would be a unit
price contract to complete the paving and miscellaneous concrete work. The available funding, as
of October 2, 2014, was $540,069. It was proposed to award a unit price contract based on the bid
documents and to allow staff to adjust unit prices up to the level available funding; therefore, if
additional funding were secured, the City would be allowed to add to this up to the lowest bid of
$824,740.75. If unable to secure this funding, work would be performed up to the funding secured
and staff would return to this project at a later date, through Community Transportation Funds or
some other source of funds, so that the General Fund would not subsidize this work.
Staff recommended awarding a unit price contract, based on Bid #15-001PW, for the Village of
Cannon Mill Paving Improvement Project to George & Lynch, In. The Public Works Director may
add or delete from the contract, up to 35% based on available funding throughout the contract period
and inform the City Manager of such additions and deletions. All work will be paid for at the unit
prices bid for work completed and accepted by the City of Dover. Work to be authorized will not
exceed available funding.
Mr. Lynn stated his recollection that Council had directed that the letter of credit be called from the
Village of Cannon Mill or Village of Westover from the First National Bank of Wyoming, now
Wilmington Savings Fund Society, and stated that he had not received an update on this.
Responding, Mr. Koenig stated that there were two (2) separate letters of credit for these
developments and the City had called a letter of credit with the Village of Westover and completed
the work. Some funding was still available and would be used in Village of Cannon Mill. In the
Village of Cannon Mill, an initial letter of credit was provided from the First National Bank of
Wyoming which covered only Phases I and II; however, an expiration clause was included, which
was not typical of other such letters of credit. When staff called the letter of credit, the attorney for
the First National Bank of Wyoming indicated that they had notified the City of the expiration of the
letter of credit. Mr. Koenig explained that this was sent certified versus registered mail, which
became an issue. Mr. William Pepper, Deputy City Solicitor, asked staff to obtain hard numbers on
all the bids, which was done in August of 2014; however, Mr. Pepper felt that too much time had
lapsed and the distinction between registered and certified mail was not strong enough to initiate any
proceeding beyond the transfer of correspondence.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 40
Mr. Lynn stated that this matter had not returned to Council after Council gave instructions to call
the letter of credit, noting that this was not criticism of Mr. Koenig. He indicated that this matter had
been discussed on the floor by himself, Mr. Perza, and others who knew the difference between
registered and certified mail, and instructions were given to Mr. Pepper to file a lawsuit or do what
needed to be done to ensure that this money would not come out of taxpayer pockets but from the
bank. Mr. Lynn indicated that it was vexing to hear a year or two (2) later that Council’s instructions
were not followed.
Mr. Koenig stated that he understood Mr. Lynn’s frustration, however, unfortunately, his personal
opinion was that he had made a mistake regarding this letter of credit, which would not happen again
because staff had refined the process. He stated that 250 plus residents had been dealing with a
difficult situation in this development since approximately 2009 and the legislators had been
assisting staff with trying to get out of this problem. Staff was trying to finish the development and
had been receiving complaints for the last three (3) years about not being able to provide service to
the residents because the roads were unfinished and there were difficulties during the winter months.
Mr. Koenig and Mrs. Townshend had talked to various people in regard to getting the homeowners
association up and running so that the community could be brought back to where it needed to be
so that property values could begin accelerating again versus declining. Mr. Koenig stated that this
was the one (1) development where staff did not “have a good grip” on the letter of credit; however,
the City was fortunate in that, to his recollection, when Council originally considered this matter a
couple of years ago, exposure to the City at that time consisted of the Village of Westover Phase VI,
Clearview Meadow, the Village of Cannon Mill, and Eden Hill. Since that time, the City had
finished the Village of Westover, a developer had completed all of the work in Clearview Meadow
for the City, and the City had an active letter of credit from a developer for Eden Hill.
Mr. Lynn stated his opinion that it was not necessary for Mr. Koenig to take blame, indicating that
Council knew many of the facts that he discussed and instructed staff to pursue the matter with the
First National Bank of Wyoming and questioned why this did not occur.
Mr. Koenig stated that after this meeting, a call letter on the letter of credit was sent. The attorney
for First National Bank of Wyoming responded to Mr. Koenig and Mr. Pepper. Mr. Pepper
requested additional cost estimates, which took quite a long time due to staff availability. When
these were obtained earlier this summer, Mr. Pepper felt that the timeframe between the original
action and now was substantial. The corporate entity had dissolved or had been transferred from
First National Bank of Wyoming to Wilmington Savings Fund Society (WSFS) and it was believed
that the issue of registered versus certified mail was not a very strong argument.
Mr. Lynn stated that WSFS was the successor in interest to First National Bank of Wyoming and,
therefore, beholden to their obligations. He expressed unhappiness that this was not done and did
not feel that these decisions could be made behind closed doors without returning to Council to
weigh in when Council specifically gave orders to pursue the matter with the bank. Mr. Lynn’s
interpretation of that was that the bank should be sued and he was unhappy that this was not done,
noting that cases had been won and lost on the distinction between registered and certified mail.
Mr. Koenig stated that he was unsure if the City would be barred from doing the work and still filing
an action.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 41
Mr. Perza expressed his opinion that Mr. Lynn’s points were all accurate and important in that there
may be liabilities that had not yet been resolved; however, the needs of the community were being
balanced on a local level. The residents of Cannon Mill and other developments in the area did not
care what was happening with the bond, knowing that winter was coming with snow, other
complications related to the new high school in the area, and traffic and did not want to be “held
hostage” in this matter. Mr. Perza stated that Utility Committee went out of its way to ensure that
the City would not be left “holding the bag” if something went wrong. The motions coming out of
the Committee were all contingent upon making sure that parties other than City of Dover taxpayers
would be supplying the funds to correct the problem, which would be a short-term fix. Mr. Perza
did not believe that moving forward would close the book on looking at some of the old lines of
credit and banks who defaulted on obligations in order to help the local community; however, for
purposes of assisting the local community, he felt that the City had an interest in wrapping up this
situation. Mr. Perza was comfortable moving forward as long as the City taxpayers were protected
and the City reserved the right to examine whether the City could effectively have the State taxpayers
reimburse for this, which is where much of the money would come from. He also stated that he was
willing to address the legal issues that Mr. Lynn had mentioned with counsel.
Mrs. Williams questioned whether the cost of litigation had been discussed with Mr. Pepper.
Responding, Mr. Koenig stated that the cost of litigation had not been mentioned or determined;
therefore, this had not been considered to be a deterrent to proceeding.
Responding to Mr. Bonar regarding whether the funds that were expected from legislators were
Community Transportation Funds, Mr. Koenig stated that there were several sources of funding,
including approximately $320,000 in CTF funds, management fees associated with called letters of
credit from other developments, and some partial letters of credit for Phases III and IV that the City
did not have previously from both Artisan’s Bank (commitment letter) and from developer
Tony Ashburn for some lots in Phase III or IV, noting that the banks had acquired these lots and were
attempting to develop them now.
Responding to Mr. Bonar’s concerns regarding the expected time frame for completion of the project
in view of the impending winter, Mr. Koenig stated that he was hopeful that George & Lynch, Inc.
could mobilize quickly and staff had been talking to them about beginning immediately; therefore,
it was expected that at least a portion of the work would be completed before winter sets in.
Mrs. Williams moved to award a unit price contract, based on Bid #15-001PW, for the Village
of Cannon Mill Paving Improvement Project to George & Lynch, Inc. The Public Works
Director may add or delete from the contract, up to 35% based on available funding
throughout the contract period and inform the City Manager of such additions and deletions.
All work will be paid for at the unit prices bid for work completed and accepted by the City
of Dover. Work to be authorized will not exceed available funding. The motion was seconded
by Mr. Dixon and unanimously carried (Hare absent).
Mr. Lynn moved to seek compensation from the First National Bank of Wyoming or its successors
in interest relative to the letter of credit that they issued on this project, seconded by Mrs. Williams.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 42
Mr. Perza questioned whether it was the intent to defer to legal counsel on this matter or whether
Council was directing legal counsel to do this.
Mr. Lynn stated his understanding that counsel had previously been directed to do so.
The motion to seek compensation from the First National Bank of Wyoming or its successors
in interest relative to the letter of credit that they issued on this project was carried by a roll
call vote of seven (7) yes (Anderson, Dixon, Lynn, Slavin, Williams, Hutchison, and Bonar),
one (1) no (Perza), and one (1) absent (Hare).
Mr. Perza stated his opinion that Council had the right to do this whether Council voted to do so or
not.
EVALUATION OF BIDS - ARC-RATED FLAME RESISTANT CLOTHING PROGRAM
Members were advised that, in accordance with the International Brotherhood of Electrical Workers
(IBEW) Local 1238 contract, the City agreed to set up a vendor which would allow the employee
to purchase clothing directly from the vendor and the City would set up an allotment for each
employee. The allotment for FY 15 is $1,200 and the contract covers 29 staff members; therefore,
the contract total for FY2015 is $34,800.
Mr. Scott Koenig, City Manager, reminded members that when the City brought forward the IBEW
contract many months ago, there was a discussion about clothing in the contract and the City and the
union wished to improve the quality of the clothing, provide options for various clothing that was
not in the old bid, and re-bid the services. Over the last few months, members from the IBEW,
Electric Department management, and staff from the Finance Department and Procurement Division
had met and prepared a Request for Proposals (RFP) for flame retardant clothing for Electric
Department employees that was put into a bid package.
Proposals were received from five (5) potential vendors; however, four (4) were rejected due to the
vendors not meeting the minimum requirements set forth in the RFP. The remaining proposal was
evaluated using the following minimum requirements: Sizing, delivering, returning/exchanging,
purchasing/selling, and repairing flame retardant clothing. Upon review it was determined that
Tyndale Company, Inc. was the only qualified vendor. The main requirement that was not met by
the four (4) disqualified vendors was that they did not offer repairs to their garments if needed. The
duration of the contract would be for one (1) year, with four (4) one-year extensions allowed at the
option of the City dependent upon satisfactory performance. It was noted that Tyndale may have a
price escalation based on price increases from the supplier, not to exceed 4% annually with
supporting documentation.
Staff recommended awarding the contract for ARC-rated flame resistant clothing to Tyndale
Company, Inc. It was believed, in the long run, that this would be a cost-savings measure based on
original proposals from the union. Although there would be a set-up cost in the first year, in
subsequent years a cost savings would be realized. The recommendation was based on a
performance specification rather than on a low bid, which was a different direction for the City for
a clothing contract; however, staff was comfortable with the proposal and the union was also in favor
of it.
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CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 43
Mrs. Williams noted the accident that occurred several years ago involving Electric Department staff
which resulted in many issues; however, the personnel from the City were not wearing fire protective
equipment. She questioned if the proposed contract would enhance the probability that employees
would wear the proper equipment. Responding, Mr. Koenig stated that additional safety inspection
measures had been put in place since the accident occurred. He noted that many employees saw the
result of that accident and recognized this type of accident as being a very real possibility, which
helped to improve safety. In addition, staff would be more willing to wear certain items provided
through this proposal because they were more customized. Mr. Koenig felt that safety had improved
for many different reasons and the contract being brought forward was an additional reason why this
problem should never occur again.
Mr. Perza noted that the requirement that the provider be able to take back damaged clothing had
disqualified the other four bids and questioned how much extra this would cost and how often this
occurs. Responding, Mr. Koenig stated that if a garment is damaged, the other vendors would want
the City to purchase a new garment, whereas this vendor, assuming that it could be done under the
safety code, would repair the garment. He was unable to quantify the frequency of this occurring;
however, he did not feel that the cost proposal was extravagantly higher than the current cost.
Mr. Slavin moved to award the contract for ARC-rated flame resistant clothing to Tyndale
Company, Inc., seconded by Mr. Hutchison and carried by a unanimous roll call vote (Hare
absent).
FIRST READING - PROPOSED ORDINANCE #2014-22
Council President Bonar reminded the public that copies of the proposed ordinance are available at
the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action
by Council on the proposed ordinances will take place during the Council Meeting of
October 27, 2014.
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the purpose of Proposed
Ordinance #2014-22 was to adjust the budgets for the projects that were not completed during
FY 2014. Budget balances had been calculated, and the ordinance would adjust the FY 2015 budget
to bring those budget balances forward so that the projects could be completed with the budget in
place.
Responding to Mr. Anderson regarding the $104,000 transfer from the Parkland Reserve Fund,
Mrs. Mitchell stated that she was unsure of the details of the transfer but offered to provide this
information at a later date. [City Clerk’s Office Note: Subsequent to the meeting, Mrs. Mitchell
advised members that the transfer from the Parkland Reserve of $104,000 was to carry forward
$65,000 for the John W. Pitts Recreation Center HVAC project from FY 14 plus an additional
$39,000 that was approved by Council in FY 14 after the project was re-bid to include both labor
and equipment.]
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Ordinance Amendment as read by the City Clerk, by title only, as follows:
PROPOSED ORDINANCE #2014-22 - BUDGET AMENDMENT RELATED TO CAPITAL
INVESTMENT PLAN - FISCAL YEAR 2014 (FY14) CARRY-FORWARD BALANCES
Página 44
CITY COUNCIL MEETING OF OCTOBER 13, 2014 PAGE 44
COUNCIL MEMBERS’ ANNOUNCEMENTS
Mr. Hutchison stated that he attended the Dover Police Department promotion ceremony during the
previous week and noted that they should all be very proud of the men and women of the Police
Department, both active duty and civilian. He stated that Mr. Mark Hall, Deputy Fire Chief and
full-time 911 Dispatcher, was recognized as outstanding employee of the year. Mr. Hutchison
recognized and congratulated Mr. Hall for his achievements, noting that he had gone well beyond
the call of duty.
Mr. Anderson advised that October 2014 was designated as Domestic Violence Awareness Month
and thanked those who volunteer in the City and Kent County to help women, men, and children
who are victims of domestic violence. He encouraged these individuals to continue to do their good
work and encouraged all to support them.
Mr. Dixon moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 9:05 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
October 13, 2014, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2014\10-13-2014.wpd
Exhibits
Exhibit #1 - Delaware Downtown Development Districts - Application Process for Designation as a District
Exhibit #2 - City of Dover Human Relations Commission Strategic Plan 2015-2018
Página 45
EXHIBIT #1
Regular City Council Meeting of 10/13/2014
Delaware Downtown
Development Districts
EXHIBIT #1
Application Process for
Designation as a District
Regular City Council Meeting of 10/13/2014
1
Página 46
Downtown Development
Districts Act
• Governor proposed in State of the State – Jan. 2013
• Senate Bill 191 – Introduced Apr. 2013
• Prime sponsors: Sens. Henry, Bushweller, Marshall; Reps.
Keeley, Bolden, D. Scott
• What the DDD Act did:
Authorized creation of Districts
Laid out the application process
Authorized DSHA to issue DDD Grants, subject to annual funding
2
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Dual Purposes of DDD Program
1. Housing & Community Development:
Help build stable community of long‐term
residents in Districts and neighborhoods
Improve housing for persons of all incomes and
backgrounds
Increase homeownership
Reduce number of vacant houses
3
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Dual Purposes of DDD Program
2. Economic Development:
Improve commercial vitality of Districts and
neighborhoods
Stimulate job growth
Help build diverse array of businesses
Harness attraction of our downtowns
4
Página 49
There are Three Processes
• Application for Designation as a District
– OSPC Responsibility
– Local Governments are applicants
– CCSPI makes recommendations to Governor
– Governor designates
• DDD Grants
– DSHA responsibility
• Neighborhood Building Blocks
– DEDO responsibility
5
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Goals of Application Process
• Competitive process
• Realizes that all local jurisdictions are
different, and will have different revitalization
strategies and plans
• Flexibility in application to allow for creativity
6
Página 51
Application for Designation
• Local governments must identify proposed
Downtown Development Districts in
accordance with the Act.
• Then they must complete the application
– Size limits for Districts based on population
– Application must include:
• Need for District
• District Plan
• Local Incentives
7
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Need for the District
• Applicant must describe the need for economic
incentives that are available for the District.
• Need must be documented with relevant data
and other methods
• Examples of data include:
– Homeownership
– Poverty
– Vacancy Rates
– Abandoned Buildings
8
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Need for District
• What we are looking for:
– Applicant must describe potential positive impacts
if the District is designated
– Greatest need based on data
9
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District Plan
• A plan used to guide redevelopment activities
and revitalization efforts in the District.
• A detailed strategy for the overall
development of the District
• Must be consistent with certified
comprehensive plan and the State Strategies.
• Must demonstrate coordination with other
governmental, non‐governmental or quasi‐
governmental entities.
10
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District Plan
• We are looking for:
– Overall Vision
– Clarity of actions to be taken
– Capacity and will to implement plan
• Any changes to plan must be reviewed by
CCSPI
• District Designations may be rescinded if
District Plan is not adhered to
11
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Local Incentives
• Local Government must implement an
incentive package as described in their
application.
• Incentives may include such things as:
– Reduction in fees or taxes
– Special zoning
– Regulatory reform
• Should be targeted to the proposed DDD
12
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Local Incentives
• What we are looking for:
– Incentives must be enacted within a reasonable
time after DDD designation
• Any changes to the Incentive Package must be
reviewed by the CCSPI
– Failure to enact or adhere to the approved
Incentive Package is grounds for the District to be
rescinded
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Geographic Extents of District
• Must make sense from and urban planning
and revitalization perspective
• Must include a Central Business District (CBD)
• Geographic concentration of incentives is
encouraged
• Different size limits based on the population
of the local government
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Central Business District (CBD)
• An area around the downtown
portion of the city or town
allowing for higher intensity
residential uses as well as
commercial, office, personal
services, governmental and
similar uses intended to serve
the community and surrounding
areas of the city or town.
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What does a successful program
look like?
1. Inclusive:
Large and small developers
Non‐profit and for‐profit businesses
Residents/homeowners
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What does a successful program
look like?
2. Maximizes state resources
(“multiplier effect”):
Leverages private dollars
Concentrates benefits in small area
Meaningful local incentives
Shows commitment of local government,
residents, and businesses
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What does a successful program
look like?
3. Well‐ Coordinated:
User‐friendly
Cuts (or at least minimizes) red tape
Clear lines of authority
Accountable
Measurable
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Next Steps
• Applications are received on or before Nov. 1
• OSCP Staff Review: Nov. / Dec.
• Cabinet Committee on State Planning Issues
Meeting: Dec. / Jan.
• Governor Designates Districts: Jan. / Feb.
• All dates after Nov. 1 are tentative and subject
to change
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Thank You!
• See our website for more information:
http://stateplanning.delaware.gov/ddd/
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EXHIBIT #2
Regular City Council Meeting of 10/13/2014
City of Dover Human Relations Commission Strategic Plan
2015-2018
I. INTRODUCTION
The establishment, purpose, powers and duties of the City of Dover Human Relations
Commission (hereinafter, “the Commission”) are provided for in Part II of the Dover,
Delaware Code of Ordinances, Chapter 58-Human Relations Article II Human Relations
Commission.
Broadly representative of racial, religious, gender and ethnic groups residing in Dover the
nine volunteer members of the Commission are all residents of the City of Dover. They
are appointed by the president of the Dover City Council, based upon recommendations
from and subject to confirmation by the Council.
The Commission has begun a strategic planning process to better define its strategy,
focus, and direction over the next three years: 2015-2018.
In developing the first phase of this planning process the Commission has organized its
three-year long- term strategic objectives around the components of its mission and its
commitment to competency, transparency, and public accountability.
II. MISSION
Committed to a philosophy of inclusion, intergroup cooperation and fair treatment, the
City of Dover Human Relations Commission works to ensure that the City of Dover has
and utilizes policies, programs, ordinances, organizational practices, specialized
resources and appropriately trained employees to support diversityi, inclusion ii and
cultural competencyiii in its organization and services.
Additionally, by involving all segments of the community, the Commission promotes an
understanding and appreciation of the benefits of diversity, inclusion, and positive
intergroup relations among residents of varying backgrounds in the city; and, advocates
for an environment of fairness and respect.
The Commission works with the City Council and the City Administration and other
community organizations to strengthen inter-group relationships and to eliminate
discrimination; and, to anticipate, prepare for and resolve incidents of intergroup conflicts
and disputes within the city.
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City of Dover Human Relations Commission Strategic Plan
2015-2018
III. VISION
The Commission’s vision is a city whose government, organizations, groups and
individual citizens value diversity, inclusion, respect and trust.
IV. LONG-TERM OBJECTIVES
Mission component:
A. Work to ensure that the City of Dover has and utilizes policies, programs,
ordinances, organizational practices, specialized resources and appropriately
trained employees to support diversity, inclusiveness and cultural competency in
its organization and services.
Long-term Objectives
A.1 In cooperation with the City of Dover Manager and its Human
Resources Department evaluate the current “state and climate of diversity
and inclusion” and cultural competency within Dover’s government
organization, services and vendor relationships; and, make recommendations
to the City Manager and the Dover City Council which identify policies and
best organizational practices which support diversity, inclusion and cultural
competency within city government, its services; and, vendor relationships.
A.2 Building on its partnership with the Dover Police Department, identify
additional human relations approaches and lessons that can be integrated
into the Dover Police Department’s ongoing Community Relations strategy.
Mission Component:
B. By involving all segments of the community, the Commission promotes an
understanding and appreciation of the benefits of diversity, inclusion, and
positive intergroup relations among residents of varying backgrounds in the
city; and, advocates for an environment of fairness and respect.
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City of Dover Human Relations Commission Strategic Plan
2015-2018
Long-term Objectives
B.1 Assess how the community of Dover is organized and identify
organizations, churches, fraternities, sororities and other organizations with
whom the DHRC should establish partnerships; and, to enter into agreements
with these organizations to more effectively carry out its mission.
B.2 Provide a report to the Dover City Council and to the public which analyzes
the current “state and climate of diversity and inclusion” and cultural
competency within the Dover community and makes recommendations for
programs, policies and practices that support diversity, inclusion and cultural
competency.
B.3 Identify, support and participate in programs and events within the city of
Dover which celebrate its diversity or promote greater understanding of the
issues, concerns and needs of our diverse population. (e.g., the African
American and Hispanic Festivals and the Dover Public Library’s Created Equal
Project)
B.4 Create and implement an external education process and program that
provides the pubic with a better understanding of diversity, inclusion; and,
human relations issues; and, conflict management; and, that develops skills in
effectively fostering greater understanding, inclusion and fairness in the city.
Mission Component
C. Works with the City Council and the City Administration and other community
organizations to strengthen inter-group relationships and to eliminate
discrimination; and, to anticipate, prepare for and resolve incidents of
intergroup conflicts and disputes within the city
Long-term Objectives
C.1 Define when a diversity, inclusion and or a human relations issue iv exists and
specify the types of these issues that will be accepted by the Commission; and,
identify and implement a process for receiving and responding to such issues by
taking action to correct or improve the situation.
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City of Dover Human Relations Commission Strategic Plan
2015-2018
C.2 Develop an understanding with the State Human Relations Commission that
will delineate the roles and procedures of the two Commissions in the solution of
alleged discrimination complaints which fall within the jurisdiction of the State
Human Relations Commission and identify and maintain specific ways the two
Commissions will work together.
C.3 Review the City of Dover’s Code of Ordinances and make recommendations
to the Dover City Council that will improve the city’s efforts to eliminate
discriminatory behavior.
C.4 In cooperation and partnership with city officials, law enforcement, clergy,
community organizations and public and private mediation services, assist in
developing plans for monitoring sources of intergroup conflict and for responding
to and managing community conflicts and disruptions in Dover; and, participate in
managing community conflicts in accordance with these plans.
COMPETENCY TRANSPARENCY and ACCOUNTABILITY
D. The Commission is committed to acting with a high degree of competency, and
transparency and accountability both to the Dover City Council and to the community.
Long-term Objectives
D.1 Regularly provide an update on the Commission’s activities, progress and
accomplishments to the Dover City Council; and, provide opportunities for the
Council to review and affirm the Commission’s Strategic Plan, including a process
which encourages Council members to identify specific diversity, inclusion and
human relations issues that may be particularly critical or relevant within each City
Council District.
D.2 Improve community awareness of the Commission and a better understanding
of its role by developing, implementing; and, maintaining a
comprehensive communications plan which creates a process for routine
communications to the community, including supporting policies and procedures
for managing communications and for using supporting tools, such as, a web-based
hub of information and resources.
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City of Dover Human Relations Commission Strategic Plan
2015-2018
D.3 Create and implement an internal education process and program that provides
the Dover City Council, the City Administration and the members of the
Commission with a better understanding of diversity, inclusion; and, human
relations issues; and, conflict management; and, that strengthens their skills in
effectively fostering greater understanding, inclusion and fairness in the city.
D.4 Provide due notice and access to the public by conducting all meetings in
accordance with the Delaware Freedom of Information Act (FOIA) and City of
Dover procedures.
D.5 Identify and seek funding from other governmental, philanthropic or private
organizations to more effectively carry out its responsibilities.
V. IMPLEMENTATION AND ORGANIZATIONAL STRUCTURE
Once the Commission adopts these proposed long-term strategic objectives the
Commission will develop and implement specific work plans for each long-term strategic
objective within the assigned year or years. These work plans will include short-term
goals/priorities/initiatives with specific performance measures and action items to be
accomplished within shorter time periods.
The Dover Code of Ordinances centralizes decision making at the Commission level.
However, it is suggested that a functional committee structure be utilized to move these
long-term strategic objections into actual performance.
Each of these Committees shall consist of at least three members of the DHRC and may
include outside advisors, citizens, and City staff members to more effectively develop
and execute the work plans. Individual Commissioners may serve on one or more
Committees.
These functional Committees are advisory, not decision-making. They are transparent
and accountable to the Commission and the community at large. They will meet on a
regular basis to develop, implement and monitor work plans for the specific long-term
strategic objectives assigned to the committee. Their work plans will be presented to and
adopted by the full Commission prior to implementation.
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City of Dover Human Relations Commission Strategic Plan
2015-2018
The Commission may assign one or more long term strategic objectives to the
Commission “acting as a whole”.
Additionally, in order to respond to an emergent human relations issue that may not be
identified in this plan, the Commission may from time to time create an additional
functional committee. Such committees are intended to convene, and make
recommendations for action to the full Commission; and, then disband when they are no
longer relevant or needed.
Based on the set of proposed long-term objectives identified in this strategic plan, it is
suggested that the following functional committees be established:
Government Policy, Programs, and Practices Committee—to develop, implement
and monitor work plans for Objectives A.1, A.2, C-3 and C.4
Community Engagement Committee—to develop, implement and monitor work
plans for Objectives: B.1, B.2 and B.3.
Education Committee—to develop and implement plans for Objectives: B.4, D.3.
Communications Committee—to develop, implement and monitor work plans for
Objectives D.1, and D.2.
The Commission as a “whole” to develop implement and monitor work plans for
Objectives: C.1, C.2, D.4 and D.5.
Actions History
10/13/2014 - Approved by City Council
09/23/2014 - Introduced at Dover Human Relations Commission
09/08/2014 - Draft prepared by Eugene B. Ruane, City of Dover Human Relations Commissioner
i
It is critical that the Commission agree on a definition of diversity. Howard J. Ross, one of the nation’s recognized leaders
on diversity and organizational change notes that “diversity has generally represented an acceptance of difference, a lack of
discrimination due to difference, and a presence of different kinds of people in organizations”. However, he argues that in
this narrow view, diversity “has been related to as a means to erase or fix problems” rather than as a “way to create a new
future vision”. The focus of this limited understanding is “the level of challenges (or “illness”)” that some people face: “bias,
discrimination, lack of access, oppression, physical and emotional violence, and soon.” The response was then on “passing
laws and then instituting compliance measures to make it illegal to continue these practices.” The goal was to “create a
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City of Dover Human Relations Commission Strategic Plan
2015-2018
state of social diversity, where people were not denied their rights, were more appropriately represented in organizations,
and were not actively discriminated against.” He calls this approach “the health-care metaphor” focused on efforts to
“create organizations in which people are no longer “sick”. (Howard J. Ross, ReInventing Diversity Transforming
Organizational Community to Strengthen People, Purpose, and Performance ( Lanham, Maryland : Rowman & Littlefield
Publishers, Inc. 2011, page 33)
Mr. Ross promotes a broader understanding that goes beyond simply prohibiting discrimination and getting people in the
door. He states that a diversity focus or program “means creating opportunities for people to be a part of the fundamental
fabric of the way the organization functions---decision-making, responsibility, leadership—and then creating organizations
that are culturally competent, culturally intelligent, and culturally flexible.” We have to “really develop a sense of inclusion”
and “a certain level of competence in understanding the needs of various people we are working with and serving”. This
requires a “systematic approach to incorporating an awareness of diversity and skills related to diversity into everything an
organization does.” ( Ibid. 34)
(Author’s Comment: A brief internet search of diversity programs has revealed that many organizations have adopted the
broader approach that Mr. Ross has formulated. These programs reframe the conversation to focus on fair treatment and
respect, and away from discrimination and “protected classes”. An example from CUNY Queensborough Community
College in New York City is attached. See: Definition for Diversity in Exhibit 1.)
ii
Inclusion “is not simply a function of how fully involved people are in the structures of their organizations and societies”. It
is “a function of connection”. “It is the ability of people to feel integrated into the cultural dynamics, leadership, and
decision-making structures of the organization”. (Ibid., 38)
iii
Cultural competency is “the organizational ability to have and utilize the policies, appropriately trained and skilled
employees, and specialized resources to systematically anticipate, recognize, and respond to the varying expectations
(language, cultural, and religious) of customers, clients, patients, and co-workers of diverse backgrounds.” It requires a
certain amount of “cultural intelligence” in that “people need to have knowledge of both distinctions of culture and of the
specific traits of different cultures”. It requires a certain amount of “cultural humility “in that we need to be able to
recognize that our cultural models may simply be different from , rather than better than, those of other people.” And,
“people also require a degree of “cultural flexibility” “to facilitate interaction with others on their own terms.” (Ibid. 38)
iv
Queensborough Community College in New York has included a description of when “a diversity issue exists” in its
Definition for Diversity. See Exhibit 1.)
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Exhibit 1 City of Dover Human Relations Strategic Plan 2015-2018
Definition for Diversity CUNY Queensborough in New York City
Definition for Diversity
The concept of diversity encompasses acceptance and respect. It means understanding that each
individual is unique, and recognizing our individual differences. These can be along the dimensions of
race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, religious
beliefs, political beliefs, or other ideologies. It is the exploration of these differences in a safe,
positive, and nurturing environment. It is about understanding each other and moving beyond simple
tolerance to embracing and celebrating the rich dimensions of diversity contained within each
individual.
Diversity is a reality created by individuals and groups from a broad spectrum of demographic and
philosophical differences. It is extremely important to support and protect diversity because by valuing
individuals and groups free from prejudice, and by fostering a climate where equity and mutual respect
are intrinsic.
"Diversity" means more than just acknowledging and/or tolerating difference. Diversity is a set of
conscious practices that involve:
Understanding and appreciating interdependence of humanity, cultures, and the natural
environment.
Practicing mutual respect for qualities and experiences that are different from our own.
Understanding that diversity includes not only ways of being but also ways of knowing;
Recognizing that personal, cultural and institutionalized discrimination creates and sustains
privileges for some while creating and sustaining disadvantages for others;
Building alliances across differences so that we can work together to eradicate all forms of
discrimination.
Diversity includes, therefore, knowing how to relate to those qualities and conditions that are different
from our own and outside the groups to which we belong, yet are present in other individuals and
groups. These include but are not limited to age, ethnicity, class, gender, physical abilities/qualities,
race, sexual orientation, as well as religious status, gender expression, educational background,
geographical location, income, marital status, parental status, and work experiences. Finally, we
acknowledge that categories of difference are not always fixed but also can be fluid, we respect
individual rights to self-identification, and we recognize that no one culture is intrinsically superior to
another.
A diversity issue exists when
An issue (policy or business practice - formal, informal, internal, or external) has a different
impact on a particular group (i.e., impact on men vs. women, black vs. white, American vs.
foreign, urban vs. rural, married vs. single, etc.)
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Exhibit 1 City of Dover Human Relations Strategic Plan 2015-2018
Definition for Diversity CUNY Queensborough in New York City
It happens more frequently to a particular group (i.e., different groups may have dramatically
different "numbers" - turnover, terminations, promotions, discipline, few or no role models, etc.)
It is more difficult for one group to overcome (i.e., upward mobility for a particular group within
an organization - "glass ceilings")
A diversity issue exists where the policy or business practice has an impact exclusive of difference
(not inclusive of difference). Is there a trend or pattern (intentional or unintentional)?
Having a diversity issue is not necessarily a bad thing. Doing nothing about it given you have
knowledge of the issue is where organizations go wrong (negligence). Being in denial about these
issues do not make them go away. Ignorance is not bliss inside or outside the courtroom. The real
question is why do we have this issue and can we take action to correct it or improve the
situation.
Source: http://www.qcc.cuny.edu/diversity/definition.html Queensborurgh Community College
in New York CUNY