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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 13, 2017 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire
Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 7:00 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Council President Slavin advised that Council members had received correspondence earlier in the
day from Dr. Margaret McKay (Exhibit #1). Dr. McKay thanked members for the opportunity to
speak and expressed her opposition to naming the Dover Police Community Room after
James Hutchison, as described in her letter to City Council members.
Mr. Eric Abernathy stated that the weather is getting cold and there are still people out on the street.
He noted that he was very disappointed this past weekend when the temperature went down to
23 degrees and they had a Code Purple in Sussex County, but there was not one here. He advised
that someone personally put people up in a motel to get them out of the cold; however, he noted that
there were others who were stuck out there with nowhere to go. Mr. Abernathy stated that the
weather did not change because they were out there, it was still cold, and they still needed shelter
and somewhere to go. He noted that we are already back into the winter months and we still have
the same problem, people are still out on the street and they need a place to stay all the time.
Mr. Abernathy advised members that he had heard that Code Purple would not be starting until
December 1st; however, he believed that there would be a lot of cold weather before then. He stated
that something needs to be done. Mr. Abernathy noted that he had heard about the task force and
asked what they had done and what they were doing. He explained that they need to get these people
off the street before there is an incident and someone dies from exposure or the cold. Mr. Abernathy
indicated that they would continue to ask for help and continue to do what they do, regardless. He
stated that they know that one of these days they are going to get help, and if they do not get it from
members of Council, God will supply everything they need.
Mr. Ron Poliquin made the following statement:
Good evening, Council President, Mr. Mayor, Council. I'm speaking tonight because
I was denied the right to speak on my client's, Brian Lewis's, behalf at the last
Council meeting. Last month for the first time in history, a member of Council was
censured despite not violating any law or breaching any ethical code. Councilman
Lewis was censured after being denied his basic due process rights, which would've
been given to any prisoner or state employee. No investigation was conducted. It's
been confirmed that President Slavin did not speak with the only two individuals
involved, Mike Finney from the State News, or Brian Lewis.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 2
Prior to filing his proposed censure, President Slavin couldn't be bothered with
conducting an investigation or confirming the allegations. You don't have to be a
lawyer to understand that, at the very least, fairness requires you give someone a
chance to tell their side of the story. Here President Slavin didn't give Brian Lewis
the courtesy of explaining himself prior to filing a censure. At the last meeting,
Councilman Neil asked President Slavin if he confirmed the allegations in the
proposed censure, President Slavin said yes, which could not possibly be true. The
substantive portions of the censure, paragraphs 13 through 17, actually confirm this
not to be true, as the censure states, “according to published reports.” That language
demonstrates that the author, President Slavin, doesn't even know if events actually
occurred but is merely relying on published reports.
And let's not confuse that vote at the last Council meeting with a real hearing. It was
obvious that the fix was in and the vote was already pre-determined. Shame on the
majority of this Council, many of them of who sat here like potted plants, who
allowed this injustice to casually go through without an investigation or even asking
questions. Ironically, with this backdrop, President Slavin is now proposing a change
to the ethics code. A portion of the change to this ethics code, the language will read,
“Disputes that arise among public servants shall be resolved at the lowest possible
level, keeping in mind that public money spent on resolving these disputes is money
not spent on important public needs.”
Why wasn't Brian Lewis's matter handled with the same guidelines which are now
being proposed? The only reasonable explanation is that it's political retribution.
Perhaps Brian Lewis doesn't play well with the good old boys' network here, or he
goes to the media a little too fast, or he raises tough questions, or he doesn't keep all
the conversations in the inner circle. President Slavin recently stated to the media,
“We govern ourselves.” I say no, President Slavin, you're governed by the same laws
and the same ethics code everyone is governed by. I'm a little disappointed here
because I see some people looking at their cell phones while I'm speaking, and
Brian Lewis deserved better, and so did the citizens of Dover. Thank you.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Sudler requested that item #6-A-1 - Council Committee of the Whole Report - October 24, 2017,
Safety Advisory and Transportation Committee, Update - Alternative to Speed Bumps - Ann Avenue
(Sudler), be removed from the Consent Agenda.
Mr. Anderson moved for approval of the Consent Agenda, as amended, seconded by Mr. Neil
and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 3
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF OCTOBER 23, 2017
The Minutes of the Special Council Meeting of October 23, 2017 were unanimously approved
by motion of Mr. Anderson, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 23, 2017
The Minutes of the Regular Council Meeting of October 23, 2017 were unanimously approved
by motion of Mr. Anderson, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND
GEOGRAPHY AWARENESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, fascination with the earth's geography inspired the early explorers of our country to
learn and record information about the surface of the land and its people, environments, resources,
political boundaries, and characteristics and today remains a fundamental part of our national
heritage; and
WHEREAS, geographic information has many useful applications for our municipal government
and is a valuable resource used in the analysis of infrastructure, emergency services, economic
development, and long-range planning; and
WHEREAS, Geographic Information Systems (GIS) technology provides an efficient means of
managing geographic information and providing data that allows for effective decision-making and
improved delivery of services to the residents of the City of Dover and our surrounding area; and
WHEREAS, the City of Dover's GIS Division plays a vital role in the continued growth of the City
and has been nationally recognized for its outstanding efforts in the advancement of GIS and its
foresight in creating programs that can be used to better manage services in the City.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim November 15, 2017 as GIS Day, and November 12 – 18, 2017
as GEOGRAPHY AWARENESS WEEK in the City of Dover and urge all residents to participate
in this special observance.
On behalf of the Mayor and Council, Mayor Christiansen presented the Proclamation to
Mr. Mark Nowak, GIS Manager for the City of Dover. Mr. Nowak thanked members for the
Proclamation. He advised that this would be the City’s 12th year celebrating GIS Day. Mr. Nowak
stated that Wednesday from 10:00 a.m. - 2:00 p.m. in the City Hall Conference Room they would
be presenting what GIS has done, particularly in the past year. He noted that when he puts together
the GIS presentation and materials each year, something always sticks out to him, and this year it was
mapping potato farms around the City and the work they are doing with the environmental scientist
and Public Works. Mr. Nowak stated that it is all good stuff and encouraged everyone to come out
and see what GIS can do, and maybe get some ideas on how the City can utilize more of its mobile
technologies and citizen engagement.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 4
RESOLUTION NO. 2017-14 - DEDICATION OF THE CITY OF DOVER POLICE
DEPARTMENT PUBLIC ASSEMBLY ROOM - JAMES L. HUTCHISON, SR.
The City Clerk read the following Resolution into the record:
WHEREAS, James L. Hutchison, Sr. occupies a unique position in the annals of City of Dover
history, as he has served the City in a wide-ranging career that spanned more than four decades. He
began his employment in the Dover Police Department where, over the course of twenty-five years,
he advanced from Patrolman to Chief of Police. After his retirement from the Police Department,
he served as the At-Large City Council Representative for one year, ran successfully for Mayor and
held that office for ten years, and capped his career with an additional seven years of service as the
First District City Council Representative; and
WHEREAS, in every capacity that James L. Hutchison, Sr. has served, he has demonstrated his
passion for protecting the citizenry of the City of Dover and his pride and respect for the men and
women of the Dover Police Department. His vision, decisive leadership, and congenial personality
have served the Department and the City of Dover exceedingly well. His integrity and high
standards of conduct continue to inspire others as a lasting example of an outstanding leader and a
committed and selfless public servant.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council extend their deepest
gratitude to James L. Hutchison, Sr. for his invaluable contributions to the City of Dover and highly
commend him. The results of his vision and hard work have left an indelible mark on the City that
he has loved and served so long and so well, and it is fitting to commemorate his extraordinary
diligence and devotion.
BE IT FURTHER RESOLVED that the City of Dover Police Department public assembly room
is hereby dedicated to James L. Hutchison, Sr. in recognition of his exceptional service to the City
of Dover.
ADOPTED: NOVEMBER 13, 2017
Mr. Sudler moved for the adoption of Resolution No. 2017-14, seconded by Mr. Hare and
unanimously carried.
On behalf of the Mayor and Council, Mayor Christiansen presented the Resolution to
Mr. James L. Hutchison.
Mr. Sudler expressed congratulations to Mr. Hutchison, noting that he really appreciated the service
that Mr. Hutchison provided to the City of Dover. He stated that it had been a great honor to serve
as a councilperson with Mr. Hutchison, who had taught him a lot.
Mr. Anderson thanked Mr. Hutchison for his years of service and commitment to the City. He
indicated that this dedication was definitely very fitting, explaining that, through Mr. Hutchison’s
leadership and public relations, he was one of the first to make sure that everyone in the City knew
that the Police Department was their police department. Mr. Anderson recalled that Mr. Hutchison
invited people in, in an inclusive fashion and went to the churches and into the community to truly
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 5
take a message of community to everyone. He stated that having the community room named for
Mr. Hutchison is something that is very appropriate and he was pleased to support it.
Mr. Neil stated that Mr. Hutchison had been an inspiration to him since he moved to the City of
Dover. Noting Mr. Hutchison’s dedication, leadership, and all the time spent and activities that he
has been involved in, Mr. Neil indicated that Mr. Hutchison deserved this dedication in a building
where the public will have a chance to gather.
Mr. Lewis expressed congratulations to Mr. Hutchison.
Police Chief Marvin Mailey noted that there is a picture of him and Chief Smith from his
swearing-in, which took place in the Council Chambers in 1993, when he first began his career, and
standing behind him was then Mayor Hutchison. Chief Mailey stated that Mr. Hutchison had been
in their lives as a positive role model and had moved the City of Dover Police Department forward
in ways that cannot be imagined. He stated that Mr. Hutchison had increased the Department’s
manpower by about 20 people when he was Chief of Police and continued to pay forward with his
dedication and work for this City. Chief Mailey indicated that this Resolution was a small token of
the Department’s appreciation, noting that they truly love Mr. Hutchison, who is the best of all of
them, and they wanted to honor him and thank him for being a part of their lives.
Mr. Hutchison expressed his appreciation to the Mayor and members of Council. He thanked
everyone for their commitment and focus each year to ensure they take care of public safety.
Mr. Hutchison expressed his pride in Police Chief Mailey and the people he surrounds himself with,
noting that he thought he was going to be a great leader for the City.
Mr. Hutchison advised that it is always important to remember where you come from. He shared
that he is one of a triplet, and when he was eight (8) years he lived with his mom and dad on a farm
they rented, until all of a sudden his dad came down with cancer and passed away. Mr. Hutchison
stated that about two (2) to four (4) weeks later, his sister, brother and he were put in Murphey
School, a home away from home, with 50 other kids. He noted that, at that time, he was not happy
and expressed his discontent from time to time. Mr. Hutchison stated that they were there for
10 years, and today he thanks God every day that he was in Murphey School because it gave him an
opportunity to go on in life. He noted that it was the responsibility of every student to go to the
Presbyterian Church every Sunday and sit in the front pew.
Mr. Hutchison stated that when he looks back over his life and all the things that he has done, he has
to thank the chief, the people that served with him, and those that served before them, noting that
they laid the foundation, the bricks and mortar for the Dover Police Department to become a truly
premier police department in the State of Delaware. He stated that the City of Dover is blessed and
he stands very proud of the men and women of the Dover Police Department and cannot say enough
about the City’s volunteer fire service. He thanked the Mayor and Council for their support, noting
that the City would not be where it is without that support.
Mr. Hutchison stated that having his name on the wall next to James Turner is an honor. He
explained that James Turner hired him in 1967, 50 years ago, when he started his police career.
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Mr. Hutchison noted that he worked for as a policeman for 25 years and can now say that he has
been retired for 25 years.
Mayor Christiansen requested a moment of personal privilege to remind everyone that on
November 13, 1882, at a building about a block and a half away, the Robbins Hose Company No. 1
was founded by 17 members of this community and named after James Washington Robbins, one
of the partners in Richardson Robbins. He thanked Chief Carey and the volunteers of the Robbins
Hose Company, noting that it is the Dover Fire Department. Mayor Christiansen advised that the
Company answered their first alarm on January 23, 1883 and since that time they have answered
48,909 fire and rescue calls.
SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT -
SEPTEMBER 21, 2017
The Special Dover Human Relations Commission (DHRC) meeting was held on
September 21, 2017 at 6:00 p.m. with Chairman Henderson presiding.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
No report was provided.
Community Engagement Committee (Mullen)
Ms. Mullen advised members that she had met with Pastor Mark Walters,
St. Andrew’s Lutheran Church, and had received a phone call from
Pastor Christopher Hall, The Church The Body Of Christ, on Townsend Boulevard.
She stated that she also went to a Police Athletic League (PAL) event hosted at
Towne Point Elementary School and met with the leader of that organization, who
was looking to do more than just policing and really get into the communities.
Ms. Mullen indicated that they had a conversation regarding getting to know the
cultures of the community and what communities make up Dover.
Ms. Mullen indicated that she thought it was time to get some hard dates and move
forward with a community day. She noted that several churches were represented
within the core of the DHRC, and there were other churches in the community that
wanted to take part. Ms. Mullen stated that Pastors Walters and Hall want to do
something. She noted that Pastor Hall has a social work background and is very
community driven. Ms. Mullen suggested inviting all of the communities in the City
to a community day, like a “Tearing Down the Walls Day”, having the churches
present, and addressing different issues or concerns that the DHRC is unaware of and
that people may not be comfortable expressing. She noted that this would be an
opportunity for members to hear some of the issues, and from there they could
perhaps start coming up with resolutions.
Mr. Henderson stated that this was an aggressive agenda that could be discussed. He
stated that he agreed with Ms. Mullen and that members could support her.
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Ms. Mullen suggested holding the event on The Green once the date is set. She
indicated that the different churches could be invited and the event could be
advertised in the Dover Post. Mr. Henderson asked when the event would be held,
noting that summer was nearly over, and suggested holding it at Delaware State
University or the Delaware Technical and Community College auditorium. He
indicated the need to be careful of quorum restrictions, explaining that it would
probably be Ms. Mullen and himself who would participate. In response to
Mr. Henderson, Mrs. Jody Stein, Administrative Assistant, City Clerk’s Office,
indicated that she thought members may be discussing an event as opposed to a
meeting. (City Clerk’s Office Note: Subsequent to the meeting, it was determined
that this event, as described, would not be permitted under Chapter 58 - Human
Relations, Article II - Human Relations Commission, Section 58-33(c of the Dover
Code, which states that all meetings shall be held at City Hall and in accordance
with the Laws of Delaware regarding the Freedom of Information Act (FOIA) and
City of Dover procedures.)
Ms. Mullen indicated that she would rather hold an event outside, stating that she
thought members would get more support outside.
Mrs. Herbert asked if this would require money, if food would be provided, and if
this would be done through the churches. Responding, Ms. Mullen stated that she
was not thinking in terms of food but in terms of having a board and some post cards,
noting that people who do not want to be vocal could write their community concern
on a post card and turn it in or post it. She suggested that the pastors may want to
have a national prayer.
Ms. Mullen asked who to contact to reserve The Green. Mr. Henderson stated that
some type of permit would probably be needed, permission could probably be
obtained at City Hall, and the Police Department may authorize it. Mrs. Stein offered
to obtain information, noting that the Parks and Recreation Department may have to
be contacted. Mrs. Mullen stated that once this was done, not much else would be
needed to move forward. She noted that the event would have to be announced and
the public made aware of it, stating that this could be done through the Dover Post,
and she asked if this would be free. Responding, Mr. Henderson stated that this
would not be free. Mrs. Herbert indicated that an announcement for a gathering
could be free, and noted that if the Dover Post wanted to do an article about it, that
would be free.
Mr. Henderson stated that, if done correctly, the event would require coordination
and input from various members, noting that this could not be done next week. He
stated that this might be something that is brought before Council, who may have
some issues and want to be there. Mr. Henderson expressed his belief that
Councilman Sudler would be particularly interested in participating. He expressed
the need to know who the players are, the subject matter, and if it is a ministerial or
civil event.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 8
Ms. Mullen advised that she would like to be proactive as opposed to being reactive.
She noted that there was always rioting somewhere, in different states, and thanked
God that the City had not experienced this. Ms. Mullen stated that this event would
not be a riot but something positive and members would welcome all issues and
concerns, both positive and negative, and see what Dover as a city and City Council
could do to put things in place.
Mrs. Herbert suggested having a unity walk where everyone could walk together for
a period of time.
Mr. Gaddis asked whom members would want to have involved, noting that churches
would obviously be involved. He suggested developing a handout, which he could
print and could be dropped off at a church. Mr. Gaddis asked what other
organizations the DHRC would touch base with, stating that City Council would be
a good idea, and perhaps police departments and schools. Noting that bad weather
was approaching, he suggested trying to have the event in a school gymnasium, such
as Dover High School. He reiterated the need to determine who else the Commission
would like to involve in the event, besides churches.
Responding to Mr. Henderson, Ms. Mullen stated that she could brainstorm what the
event would be called and suggested something like “Breaking Down the Walls”,
because there are so many different ethnic groups and nationalities and other cultures
are sometimes not understood. She indicated that something she may not find
offensive may be offensive to another culture, and she may not be aware of this.
Ms. Mullen noted that sometimes it just takes a little bit of educating to let someone
know about the culture of a particular ethnic group. She stated the need to respect
one another.
Mrs. Herbert advised that it would be a good idea to have a variety of different
people, like Muslims, etc., who would be willing to speak for approximately five (5)
minutes about their culture.
Mr. Henderson stated that he loved the idea and suggested having a brainstorming
session to flesh it out a little more. He suggested that colleges or libraries could
serve as a back-up, rainy day location. Mr. Henderson advised that it would not
really be that difficult to put the event on if members did it right. He stated that he
and Ms. Paige are with the Interdenominational Ministerial Alliance (IMA).
Mr. Henderson suggested getting Ms. Paige involved as administration is her
strength. He noted that he would also be willing to work with Ms. Mullen.
Ms. Stein suggested that this item be placed on the next meeting agenda for
discussion, stating that if members planned to hold the event they would need
Council’s approval.
Mr. Gaddis suggested that all members come up with ideas and noted the need for
a name. He stated that he was unsure about “Breaking Down the Walls” but that
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there was a need for something that gets across the idea that it is going to be
multicultural. Mr. Gaddis indicated that members need to come up with people,
organizations, and cultures that they want to have represented, determine a date, and
work on the format. He suggested communicating this to the three (3) absent
members and that an email go out saying that Ms. Mullen had presented the idea of
a gathering of cultures to get to know each other. Mr. Gaddis indicated that a title
was needed to communicate the concept to a broad base of people. He noted that
churches were being considered and suggested that this be broadened to religious
organizations, synagogues, mosques, etc. Mr. Gaddis asked if there were other
groups that members felt needed to be included. He suggested that members could
brainstorm this issue at the next meeting.
Mr. Henderson stated that he agreed with Mr. Gaddis. He indicated that there may
be a need to narrow the scope or plan for a series of workshops, stating that when that
many people are involved, it will not all be done in one (1) session. Mr. Henderson
advised that there may be a wide spectrum of community issues and suggested that
members may be able to create a format where this type of thing can be done on a
regular basis.
Mr. Henderson expressed the desire to give the concept a chance to grow and nurture
it. He stated that, as a Commission, members want to make sure they put out a good,
clear, coherent product, so that the community knows what the DHRC is talking
about. Mr. Henderson noted that former Commissioner James McGiffin had
previously done a survey of diversity issues that started out with an embryonic
concept. He suggested brainstorming and getting other Commissioners and people
involved.
Education Committee (Fleming)
Mr. Henderson explained that Mr. Fleming was unable to attend but had asked that
members be provided a handout regarding a Parent Student Resource Fair being put
on by the Community Engagement Forum, Restoring Central Dover, National
Council on Agricultural Life and Labor (NCALL) on September 30, 2017 from
10:00 a.m. to 1:00 p.m. at the Wesley College Center. He noted that Mr. Fleming
had indicated that representatives from the State and the Capital School District
would attend the event and there would be a keynote speaker, as well as a panel of
speakers, including Mr. Kevin Tinsley, who would be speaking on the rights of
disabled students. Mr. Henderson noted that DHRC members were welcome to
attend and were invited to post signs about the event in their communities.
Communications Committee (Paige)
Mr. Henderson stated that Ms. Paige was unable to attend but was continuing to work
on a brochure for the DHRC. He indicated that he thought Ms. Paige would
appreciate input. Mr. Henderson noted that he had advised Ms. Paige that he wanted
to make some slight changes to the pamphlet.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 10
During the Regular City Council meeting of April 10, 2017, Council considered the
Development of a Concise Statement - Mission and Functions of DHRC and
approved the DHRC’s recommendation to accept the concise statement as written.
Mr. Gaddis stated that he wondered if Ms. Paige would be willing to put the
shortened mission statement that the DHRC came up with several months ago in the
brochure. Responding, Mr. Henderson indicated that Ms. Paige was amenable to any
input members have and was looking for them to become actively involved. He
noted that Ms. Paige had emailed him the pamphlet and stated the need for members
to look at the pamphlet and get it done.
State Human Relations Commission Liaison Report (Herbert)
Mrs. Herbert advised members that she and Mr. Henderson had attended the State
Human Relations Commission (SHRC) executive committee meeting held on
August 10, 2017 and expressed to the SHRC the fact that the DHRC wanted to be
able to work together with them. She noted that Mr. Calvin Christopher, Chair,
SHRC, stated that this would be placed on the September agenda for the whole
SHRC; however, when she and Mr. Henderson arrived at the September meeting, this
item was not on the agenda.
Mrs. Herbert noted that she and Mr. Henderson were able to make their presentation
of Long-Term Objective C.2 of the City of Dover Human Relations Commission
Strategic Plan 2015 - 2018, which states, “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.” She indicated that
Mr. Christopher stated that he would put this on next month’s SHRC agenda.
Mrs. Herbert explained that the SHRC requested that she provide them Objective C.2
and Ms. Kelly Brown, their assistant, would distribute it to all the SHRC
Commissioners.
Mrs. Herbert noted that Mr. Christopher had stated that he wanted to have a chance
to talk with the people in Sussex and Kent Counties, as opposed to the people that
are up in Wilmington and Newark, and to have one (1) of the people that represents
those counties be a liaison to the DHRC to work with them to answer questions and
figure out ways they should interact together. She stated her assumption that this
would be handled at the next meeting on the second Thursday of the month at
5:30 p.m. in the conference room on the second floor of the Cannon Building on
Silver Lake Boulevard. Mrs. Herbert advised that she planned to attend. She noted
that the SHRC was very glad that there was an exact and clear statement of what the
DHRC wanted and how they wanted to do it, and they were going to send out
precisely what Mrs. Herbert had stated about Objective C.2.
Mr. Henderson noted that he also planned to attend the next SHRC meeting, unless
someone else would like to go.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 11
Future Meeting Dates
During the Special DHRC meeting of August 24, 2017, members tabled the motion
to recommend that the DHRC meet on the fourth Thursday of the month pending
further research regarding Chapter 58 of the Dover Code and potential other dates.
Mr. Gaddis moved to lift the matter from the table, seconded by Mr. Henderson
and unanimously carried.
Mrs. Jody Stein, Administrative Assistant, City Clerk’s Office, noted that, if it would
work out well with members, holding meetings on the third Thursday of the month,
as opposed to the fourth Thursday, would be preferable for staff.
Mr. Henderson asked if members could agree to meet on the third Thursday of the
month.
The Commission recommended that the DHRC meet on the third Thursday of the
month at 6:00 p.m.
By consent agenda, Mr. Anderson moved for approval of the Commission’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
By consent agenda, Mr. Anderson moved for acceptance of the Special Dover Human
Relations Commission Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT -
OCTOBER 19, 2017
The Special Dover Human Relations Commission (DHRC) meeting was held on
October 19, 2017 at 6:00 p.m. with Chairman Henderson presiding.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
No update was provided.
Community Engagement Committee (Mullen)
No update was provided.
Education Committee (Fleming)
During the Special Dover Human Relations Commission meeting of
September 21, 2017, members were provided a handout regarding a Parent Student
Resource Fair being put on by the Community Engagement Forum, Restoring Central
Dover, National Council on Agricultural Life and Labor (NCALL) on
September 30, 2017. Mr. Fleming stated that this event had been held and was not
extremely well attended; however, a lot of valuable information was dispensed. He
noted that Mrs. Herbert and Mr. Gaddis had attended. Mr. Fleming advised that the
conference was interesting, presented a lot of perspectives, and a lot of individuals
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 12
were present who gave information on what is available to parents of students with
special needs.
Mrs. Herbert stated that, even though they failed to get parents to come, there were
many professional people at the conference who knew their own professions but not
someone else’s, and they learned a lot. Mrs. Herbert indicated that she thought that
the advertising for the event might have been the problem.
Communications Committee (Paige)
Mr. Offredo advised that he and Ms. Paige had worked on the draft Dover Human
Relations Commission brochure, which was pretty much in its completed format,
aside from the section under “Our Meetings.” He noted that they had left this section
blank because he was unsure if members had discussed on which Thursday of the
month they would be meeting. Mr. Offredo indicated that the brochure was 99.9%
complete and suggested that it be placed on the next meeting agenda.
Mrs. Herbert explained that, during the DHRC meeting of September 21, 2017,
members had recommended that the DHRC meet on the third Thursday of the month.
Mr. Offredo stated that before the next meeting he would update the brochure to
reflect that information, review it, and provide it to Mrs. Jody Stein, Administrative
Assistant, City Clerk’s Office, to be included on the agenda. Responding to
Mrs. Stein, Mr. Offredo stated that he would prefer to wait until the next meeting to
finalize the brochure, rather than attaching it to the current meeting minutes, so that
members could review it once again prior to Council’s review.
Mr. Henderson suggested that it be included somewhere in the brochure that he is the
Chair of the DHRC. He stated that he had no other problems with the brochure.
Mr. Fleming stated that he had reviewed the draft brochure, which looked really
good. He indicated that, at one point, members were thinking about modifying the
statement regarding DHRC meetings in Chapter 58 - Human Relations of the Dover
Code. Responding, Mrs. Herbert stated that she thought that members had resolved
that issue during a previous meeting when they stated that they would hold special
meetings and could then meet as much as they wanted. Mr. Fleming stated that he
was not aware that the Commission could do that. He explained that he wanted to
mention it before Mr. Offredo finalizes the brochure, if members were thinking of
making a change.
State Human Relations Commission Liaison Report
During the Special DHRC Meeting of September 21, 2017, Mrs. Herbert advised
members that she and Mr. Henderson had attended the State Human Relations
Commission (SHRC) executive committee meeting held on August 10, 2017 and
expressed to the SHRC that the DHRC wanted to be able to work together with them.
She noted that Mr. Calvin Christopher, Chair, SHRC, stated that this would be placed
on the September agenda for the whole SHRC; however, when she and
Mr. Henderson arrived at the September meeting, it was not on the agenda.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 13
Mrs. Herbert explained that she attended the SHRC meeting on October 12, 2017 and
the DHRC’s request was again not on the agenda. She stated that she asked when the
item would be placed on their agenda and they settled the matter by provided a
contact, Dr. Nancy Maihoff, Ph.D. Mrs. Herbert informed members that, according
to Dr. Maihoff’s card, she is a consultant in research design, statistics evaluation,
educational testing, and test development who lives in Dover. She advised that she
had told Dr. Maihoff that she would call her; however, she was unsure whether
members wanted Dr. Maihoff to come before the DHRC or if they wanted
Mrs. Herbert to have a conversation with her before that.
Mr. Henderson asked what the value would be in having Dr. Maihoff come and share
with the DHRC. Responding, Mrs. Herbert stated that she did not know because she
had not had a chance to talk with Dr. Maihoff. She indicated that she had heard that
someone had come from the State in the past. Mrs. Herbert noted that she left the
SHRC meeting after she accomplished her mission; however, the person who stood
up to speak as she was leaving stated that they wanted their concern to be kept
confidential. She stated that she assumed this individual was told that their concern
could not be kept confidential since it was an open meeting. Mrs. Herbert explained
that apparently the SHRC hears complaints; however, she was unsure whether this
individual was in the correct place to state her complaint.
Mrs. Herbert stated her assumption, based on the wording in the DHRC’s Strategic
Plan, that members want to know how to communicate with the SHRC if there is an
issue that they feel the SHRC should handle. She indicated that Dr. Maihoff is very
nice and had attended every SHRC meeting, noting that some of the people do not.
Mrs. Herbert advised that she would call Dr. Maihoff to see if she had time to chat
on the phone or sit down and talk. She stated her belief that the SHRC knows that
the DHRC members are new and not quite sure of the path they should be taking.
Mrs. Herbert noted that the SHRC is also an advisory committee and should
understand the DHRC’s issue on that.
Mr. Fleming stated that he and Mrs. Herbert questioned the value of attending all of
the SHRC meetings. He suggested, once they find out the SHRC’s meeting schedule,
that DHRC members take turns going so each of them would have some
understanding of what the State is doing. Mr. Fleming noted that this would take the
burden of attending every meeting off Mrs. Herbert.
Mrs. Herbert indicated that, from what she had seen by going to SHRC meetings, she
did not feel it was worth going to every meeting and was unsure if DHRC members
would get that much out of it. She advised that the DHRC needed to know how to
connect with the SHRC and touch base periodically. Mr. Henderson stated that he
concurred and that DHRC members might want to go just to see what the State
meetings are like. Mrs. Herbert indicated that the meetings are open to anyone.
Mrs. Herbert stated her understanding that the SHRC liaison position did not involve
attending all of the SHRC meetings but creating a way for the DHRC and the SHRC
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 14
to communicate with each other, as was written in the DHRC Strategic Plan. She
advised that, in this case, this communication would be through calls between herself
and Dr. Maihoff, noting that members may want to do this differently.
In response to Mr. Henderson, Mrs. Herbert advised that the SHRC meets on the
second Thursday of every month at 5:30 p.m. in the Cannon Building on Silver Lake
Boulevard. She indicated that she would like to discuss with Dr. Maihoff the
possibility of having Dr. Maihoff tell her if the SHRC will be considering something
that she feels the DHRC needs to come to a meeting to observe and hear, and set up
this kind of rapport with her.
Mr. Offredo noted that the SHRC is a public body and DHRC members could view
the SHRC agendas and minutes online to see if there is something that they need to
know about or attend, in addition to any reports they may have. Mrs. Herbert advised
that she had been checking the SHRC agendas, which was how she knew the DHRC
had not been included. She stated that she thought DHRC members had attended
three (3) or four (4) meetings to get on the agenda. Mrs. Herbert indicated that she
had been looking at the SHRC’s minutes and a lot of what they talk about is
legislative, which she thought the DHRC should be very interested in. She noted that
homelessness is one (1) of the issues. Mrs. Herbert stated that she thought that the
SHRC was in the same position as the DHRC, noting that they cannot support anyone
in particular, but can say things like, “The homeless should be treated as fairly as
everyone else.” Mrs. Herbert stated that until she talks to Dr. Maihoff she will not
know how to go about this. She stated that she wanted to develop a working
relationship with Dr. Maihoff and was more concerned about the process of how to
interact together than attending the meetings because all of their minutes are online.
Mrs. Herbert stated that she did not know how often the SHRC has executive
sessions, noting that she and Mr. Henderson went to a meeting that was supposed to
start at 5:30 p.m. and it started at 6:15 p.m. She explained that SHRC agendas are
available ahead of time and suggested that members check them if they wish to attend
a meeting because cancellations are sometimes reflected online.
Mr. Henderson noted that Mr. Gerald Rocha had approached Ms. Paige regarding his
interest in joining the DHRC. Responding to Mr. Henderson, Mrs. Jody Stein,
Administrative Assistant, City Clerk’s Office, stated that Mr. Rocha resides in the
First District. Mr. Henderson stated that he knew Mr. Rocha very well because they
are in the same fraternity and he thought that Mr. Rocha would be very good for the
Commission, noting that he is an active individual and a very good man.
Mr. Henderson stated that he looked forward to possibly having Mr. Rocha on the
Commission.
By consent agenda, Mr. Anderson moved for acceptance of the Special Dover Human
Relations Commission Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 15
COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 24, 2017
The Council Committee of the Whole met on October 24, 2017 at 6:01 p.m., with
Council President Slavin presiding. Members of Council present were Mr. Anderson
(arrived at 6:06 p.m.), Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce
(departed at 6:18 p.m. and returned at 6:21 p.m.), Mr. Hare, and Mr. Lindell.
Mayor Christiansen was also present. Civilian members present for their Committee
meetings were Mr. Garfinkel and Mr. Shelton (Safety Advisory and Transportation),
and Mr. Shevock (Legislative, Finance, and Administration). Dr. Stewart
(Legislative, Finance, and Administration) was absent.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Lewis
presiding.
Update - Alternative to Speed Bumps - Ann Avenue (Sudler)
During their meeting of July 24, 2017, City Council approved the Council Committee
of the Whole/Safety Advisory and Transportation Committee’s recommendation to:
a) install a traffic enforcement sign on Ann Avenue; b) install strictly enforced speed
limit signs on Ann Avenue; and c) perform a traffic study on Walker Road and
Ann Avenue indicating the timing of the lights and the count, date, and time of traffic
flow.
Police Chief Mailey advised members that the Police Department conducted a speed
survey of Ann Avenue, just north of Walker Road, after receiving a complaint from
Mr. Sudler in reference to speeding through the neighborhood. He recalled that the
original question was whether speed bumps would be feasible, explaining that he did
not believe they would be because of a stipulation in the City Code. Chief Mailey
reviewed the results of the speed survey conducted between July 14, 2017 and
July 25, 2017, noting that 3,715 cars passed through the neighborhood during that
time. He informed members that the average speed of vehicles passing through was
21.9 miles per hour (mph), the maximum speed was 57.6 mph, and the minimum
speed was 6.3 mph. Chief Mailey noted that the posted speed limit in the
neighborhood is 25 mph and 29 percent of the 3,715 vehicles were traveling between
the speeds of 20 and 25 mph. He stated that 983 vehicles or 26.5 percent were
traveling between 15 and 20 mph, and 715 vehicles or 19.2 percent were traveling
between 25 and 30 mph. Chief Mailey noted that approximately 10 percent were
traveling between 10 and 15 mph, and 6.6 percent or 245 vehicles were traveling
between 30 and 35 mph. He offered to email the results of the speed survey to
members. (City Clerk’s Office Note: Subsequent to the meeting, the “MetroCount
Traffic Executive Speed Statistics” report (as on file in the City Clerk’s Office) was
provided to members.)
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 16
Chief Mailey advised that he had contacted Mr. Windley from Senator Carper’s
office, who helps the Police Department with grants, and asked about the feasibility
of grants for speed measuring devices. He stated that Mr. Windley informed him that
there were no grants available at that time that the Department could apply for.
Chief Mailey stated that he thought that the best way to solve this problem would be
through visibility and enforcement. He noted that there are several areas in the City
that have similar problems and the Department’s motorcycle unit moves from
location to location throughout the month to try and serve the whole City.
Chief Mailey advised that the motorcycle unit is understaffed due to a promotion and
an officer injury from May of 2017. He explained that he has people in the academy,
however, they will not come out of the academy until March of 2017, and then it will
be approximately six (6) months before they go on their own. Chief Mailey stated
that, with the depleted motorcycle unit, he also asked the patrol unit to move around
the City and conduct enforcement, noting that they do a very good job in between
going to complaints.
Mr. Sudler asked if Chief Mailey thought that a speed indicator that says slow down
or too fast, like the one on Slaughter Street, could make a difference with the traffic
issue on Ann Avenue and not cost that much. Responding, Chief Mailey stated that
he thought that a speed sign would help. He noted that he had just come from an
International Association of Police Chiefs (IACP) conference in Philadelphia that had
several displays, and he and the Major were trying to price trailers that can be towed
behind to move from one location to another. Chief Mailey stated that the
Department is going to try to get one of them because they receive complaints from
all over the City and these trailers do serve as a deterrent. He explained that when
people are going 5, 10, or 15 mph above the speed limit and see a flashing sign, this
brings about public awareness. Chief Mailey stated that people on the street see it,
which is like peer pressure. He noted that drivers either slow down or ignore it, and
they typically slow down. Chief Mailey advised that the Department is looking to
correct the behavior and they do not want to write a bunch of tickets; however, they
do have to maintain public safety.
Mr. Anderson asked whether Chief Mailey thought that the City should consider
adding strictly enforced signs, not in the whole City but in developments. He
indicated that these signs could be used when City needs to enforce speed limits, like
on Ann Avenue or Village Drive, where 25 mph is the top speed that would be
wanted, as opposed to most of Governors Avenue or Division Street, where there is
more leeway because of the size of the street. In response, Chief Mailey stated that
he thought this would help, noting that Mrs. Donna Mitchell, Acting City Manager,
had information on signs and Mr. Anderson may want to pose this question to her.
Mr. Anderson asked if State guidelines indicate that the State wants municipalities
to add strictly enforced signs or else give substantial leeway in the speed
enforcement. Responding, Mrs. Mitchell stated that she thought that this was a
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 17
municipal decision and that the State did not care whether municipalities put up
strictly enforced signs; however, she could check on it.
Mrs. Mitchell informed members that Mrs. Sharon Duca, Public Works Director, had
advised her that the City asked for money from Senator Bushweller in one (1) of the
Community Transportation Fund (CTF) agreements for a mobile sign, and he had
given $8,500 for it. She indicated that, based on the discussion during the meeting
when this matter was considered previously, Ann Avenue was one (1) of the areas
where staff planned to put a sign to start with. Mrs. Mitchell advised that this CTF
agreement was underway. She noted that, during the previous discussion, it was
stated that if strictly enforced signage is put out, there will be a need to strictly
enforce, and it would be up to Chief Mailey how aggressively he could do this, with
staff and time, etc. Mrs. Mitchell stated that the traffic sign could be put out there
and noted that Mrs. Duca indicated that if this is a permanent battle out there, a
permanent sign may be wanted instead of the mobile sign. She advised that staff had
been waiting for the police traffic study to come back to determine whether a
permanent sign would be better than the mobile sign.
In response to Mr. Anderson, Mrs. Mitchell stated that she did not have cost
estimates on the strictly enforced signs.
Mr. Hare noted that he had seen cameras used for speeding in other states and they
work. Responding, Chief Mailey indicated that there had been a lot of talk about
camera use; however, he noted that this would have to be passed by the State
legislature. He advised that Maryland has these cameras; however, as far as he knew,
nothing had been drafted or was on the Delaware legislative floor.
Mayor Christiansen indicated that he had gone to sit in the Ann Avenue area on
several occasions, the latest being earlier in the day, and noticed that the timing of the
light at Saulsbury and Walker Roads was one (1) of the things affecting the high
volume of traffic through Ann Avenue. He stated that he wondered if the City should
check with the Delaware Department of Transportation (DelDOT) because these are
both DelDOT controlled roads. Mayor Christiansen advised that he noticed that if
traffic is backed up at clock-out time at for one (1) of the local employers, people cut
through this neighborhood. He suggested putting strict enforcement out there during
that time if there is enough staff.
Chief Mailey indicated that he could reach out to Mr. Rivera at DelDOT, who had
helped with a lot of issues and could perhaps provide some guidance and help on the
cycling of that light.
In response to Mr. Shelton, Chief Mailey stated that he did not check how many
tickets were written during the time period of the traffic study. He explained that
typically staff conducts the speed survey and tries to let the area be unaffected by
enforcement to get a good barometer of what is going on. Chief Mailey advised that
having an officer there would skew the numbers.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 18
Mr. Shelton stated that writing tickets would offer a deterrent for speeders cutting
through. He indicated that he goes through the area and sees a lot of traffic coming
out of Edgewell, going through the area, and heading north on Saulsbury Road.
Mr. Neil requested that the light on North State Street be kept green longer so that
traffic can go back and forth safely.
Mr. Hare asked if Chief Mailey had looked at the possibility of hiring officers from
Camden or Wyoming on a part-time basis and basing their pay on the number of
tickets they write. Responding, Chief Mailey indicated that he did not love the idea
of having another officer come in and enforce laws within the City of Dover and
thought it would be problematic to pay officers to come and write tickets. In
response to Mr. Hare, Chief Mailey stated that they could look at hiring an off-duty
City officer. He noted that the Department pays an hourly rate based on enforcement
efforts, which are always at 110 percent. Mr. Hare stated that one (1) officer could
probably make a living just sitting on Wyoming Avenue.
In response to Mr. Lewis, Chief Mailey advised that he would continue to keep a
vigilant eye on this matter.
During the Council meeting, Mr. Sudler stated that he thought that the City needed to put something
in place immediately. He suggested that, as a worse case scenario, a digital speed indicator could
be placed permanently in that area. Mr. Sudler advised that there seemed to be a continuous amount
of reports of speeding in that community and conveyed that his constituents would like to have
something done as soon as possible.
Mrs. Mitchell advised members that after Mrs. Duca listened to the police report, she determined that
Ann Avenue should have a permanent fixture rather than the portable sign. Mrs. Mitchell stated that
the City has the portable fixtures on order and Mrs. Duca is going to get a permanent sign as quickly
as possible.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
Americans with Disabilities Act Sidewalk Compliance - Lincoln Street
Members were advised that the Fiscal Year 2017 Street & Alley Program includes
Lincoln Street as a street that is scheduled to be reconstructed. Staff identified that
the northern side of Lincoln Street, near the intersection with Forest Street, has
sidewalk that is not compliant with the Americans with Disabilities Act (ADA) as the
cross slope does not meet the standards, and it would be impossible to regrade the
driveways to meet this requirement. Staff’s recommendation was to bump out the
new sidewalks into the road, an example of which exists on Washington Street. An
adjustment to the adjacent catch basin would be required as well. The road width
would be reduced to 26 feet and, as a result, parking would only be allowed on one
(1) side of the street.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 19
Staff recommended approval of the proposed sidewalk orientation to comply with the
Americans with Disabilities Act.
Mr. Anderson noted that Lincoln Street is very busy and asked how the width
reduction would affect traffic and if it would make this a substandard portion of the
road. In response, Mrs. Mitchell stated that the road would still meet the
requirements for road width. She indicated that if sidewalks had to be done on both
sides it would not be doable; however, Mrs. Sharon Duca, Public Works Director,
had included a sidewalk on just one (1) side, which made the 26-foot roadway width
doable. Mrs. Mitchell stated that she could not speak from an engineering
perspective; however, she had advised Mrs. Duca that she would present this matter
since it Mrs. Duca’s daughter’s birthday.
Mr. Neil moved to recommend approval of the proposed sidewalk orientation to
comply with the Americans with Disabilities Act, as recommended by staff. The
motion was seconded by Mr. Hare.
Mr. Hare asked who requested this item. Responding, Mrs. Mitchell indicated that,
during the Council Committee of the Whole/Utility Committee meeting of
October 10, 2017, there was an ADA presentation and that, as streets are being
improved, the City is having to upgrade sidewalks to meet federal ADA
requirements. In response to Mr. Hare, Mrs. Mitchell explained that the sidewalk
upgrades were not optional due to federal ADA requirements. Noting that the
original width would be reduced from 32 feet to 26 feet, she reiterated that there
would not be parking on both sides of the street.
Mr. Sudler stated that he personally thought this matter should be deferred until
Mrs. Duca was present. Responding to Mr. Sudler, Mrs. Mitchell stated her
understanding that a sidewalk was not required on the other side of the street;
however, she would have to confirm that with Mrs. Duca. Mr. Sudler indicated that
he would be voting no because he thought that members needed to get more
information from Mrs. Duca before making a final decision.
The Committee recommended approval of the proposed sidewalk orientation to
comply with the Americans with Disabilities Act, as recommended by staff.
Mrs. Mitchell stated that she would ask Mrs. Duca to provide additional information.
(City Clerk’s Office Note: Subsequent to the meeting, Mrs. Mitchell notified members
that Mrs. Duca advised her that the sidewalk section on the other side of
Lincoln Street is at the correct grade and already compliant.)
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 20
Conwell Street Discussion
During their meeting of August 28, 2017, City Council approved the Council
Committee of the Whole/Utility Committee’s recommendation that a legal opinion
regarding the ownership of Conwell Street and the City’s legal options in regard to
this matter be provided at the next Utility Committee meeting.
Mr. Slavin advised that on October 23, 2017, members of Council held an Executive
Session regarding this matter and the contents of that session could not be discussed
in a public forum, nor could the legal opinion that members received.
The Committee recommended that the concerns of residents of Conwell Street be
directed to the State legislators for that district and request that the State of Delaware
take ownership of that street.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
Proposed Ordinance #2017-14 Amending Chapter 30 - Code of Conduct and
Ethics Commission, and Appendix F - Fees and Fines (City of Dover Ethics
Initiative) (Sponsors: Lindell, Polce, and Slavin)
During their meeting of September 12, 2017, members of the Council Committee of
the Whole/Legislative, Finance, and Administration Committee considered a
Proposed City of Dover Ethics Initiative, and during their meeting of
October 10, 2017, members deleted Proposed Ordinance #2017-14 from the agenda,
due to the absence of Council President Slavin, who was a sponsor of the ordinance,
and due to Mr. Polce’s conversations with Mrs. Traci McDowell, City Clerk,
regarding tightening up some of the language.
Mr. Polce expressed appreciation to Mrs. McDowell for the tremendous amount of
time and effort she had placed in revising this specific section of the ordinance, and
to his colleagues for their comments on how to strengthen a raw idea with regard to
the City’s Code of Conduct and Ethics. He explained that the Proposed Ordinance
would make general revisions to the ordinance, bring it up to current practice, and
address four (4) items that were discussed approximately one (1) month and two (2)
weeks ago.
Mr. Polce advised that a four-pronged process would be used to ensure that Council
members are operating in a transparent fashion when it relates to financial holdings.
Referring to line 73 of the Proposed Ordinance, Mr. Polce stated that the first prong
would require both elected and appointed officials to receive and read the Standards
of Ethical Conduct and Ethics Commission either electronically or in hard copy and
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 21
sign and acknowledge that they have read the contents. He advised that the second
prong was a financial disclosure report, noting that a template of the report was
attached as an appendix to the Proposed Ordinance. Mr. Polce indicated that this
document was modeled directly after the Public Integrity Commission’s (PIC’s)
document that all elected officials both in the General Assembly and the executive
branch have to file annually. He stated that the document is fairly straightforward
and essentially asks for disclosure of where financial interests are vested to ensure
operation in the most open and transparent fashion possible.
Mr. Polce explained that the Proposed Ordinance also requires members to receive
annual training to be received in the modality that is best. He noted that there had
been a great partnership with the PIC, and the executive director of the Commission
had offered to come to a Council meeting to offer guidance on specific procedures.
Mr. Polce stated that the spirit and revisions of the ordinance would get to the issue
that members had been facing: operating in an open and transparent fashion and
ultimately holding themselves accountable where potential conflicts of interest rooted
in financial holdings come into play. He indicated that the revisions would bring the
ordinance to standard and best practice. Mr. Polce stated that Mrs. McDowell did
extensive research on several different municipalities and cities to incorporate
language that strengthens the City’s current practice.
Mr. Sudler, referring to the Financial Disclosure Report, Section 1(A) Instruments
of Ownership, noted that the form states “Do not include dollar amounts.”
Responding to Mr. Sudler, Mr. Polce explained that only the entity that members
work for was needed. Mr. Slavin stated his understanding that the instructions for
Section 1 indicate that legal or equitable ownership in excess of $5,000 needs to be
disclosed and below $5,000 does not need to be disclosed.
Mr. Sudler stated that he did not agree that a dollar amount is necessary at this
segment of government and that he thought that this should be stricken from the
template. He indicated that he thought it was okay to disclose the entity for which
members work, but disclosing how much one makes from that entity was irrelevant
and he asked that this be removed. Responding, Mr. Slavin advised that members
would never have to disclose how much they make but only the interest they have if
the amount is above $5,000. He explained, for example, that if he owns Company
A and determines that it is worth $1,000, he would not list Company A; however, if
he owns Company B, which is worth $6,000, he would list “Company B” without
any dollar amounts.
Mr. Lewis noted that Section 1(A) of the Financial Disclosure Report states that the
instruments of ownership includes retirement accounts, 401K, IRA, etc., and advised
that he works for the State of Delaware and has investments in a 401K and an IRA.
He indicated that money in his fund is disbursed in different areas and asked if he
would be required to name all of those companies. Responding, Mr. Slavin noted
that he files this form on an annual basis and only the manager of the fund, such as
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 22
Fidelity Investments, Voya Financial, or the State of Delaware pension system, needs
to be named.
Mr. Neil stated that he is receiving money from his 401K and would report those who
are managing it; however, if Mr. Lewis is in a 401K and is not receiving money but
just putting it into the fund, he did not believe that Mr. Lewis would have to report
it since he would not be taking it out until he retires. Responding, Mr. Slavin stated
that it would be a matter of where someone’s interests are. He indicated that if a
member bought interest in a particular fund’s 401K, they would list that fund
manager.
In response to Mr. Lewis, Mr. Slavin stated that these funds would be considered an
investment and all investments are required to be disclosed at the highest level, but
not at the individual level. He advised that he thought that individual stocks are not
asked for. Mr. Slavin noted that if a member has a mutual fund, they will list the
owner of the mutual fund.
Mr. Anderson advised that there had been a lot of work and improvement in this
process and expressed thanks. He indicated that he still had a problem with
unnecessarily cutting and pasting this type of form to have things that really should
not be included at either level. Mr. Anderson stated that he thought a 401K should
be treated the same as a bank account, which is not required to be disclosed, and that
this particular element should be removed. He advised that, with a thrift account,
someone could change their monetary allocation twice a month and their future
contributions every day if they wanted to, not that he would do so. Mr. Anderson
stated that the proposed provision would not really give any information, noting that
someone has no more financial interest in having their bank account at Fidelity than
they do in having it at Citizens. He indicated that these are instruments for
anonymous investments for which members do not control the outcome.
Mr. Anderson advised, for example, that the City deciding whether or not to get a
Templeton fund or a Fidelity fund would not remotely affect the value in any way
possible. He stated that this provision was just more paperwork, should be dropped
from the City’s form, and members should focus on things that could create a
possible conflict of interest. Mr. Anderson indicated that most of the rest of the form
dealt with more practical things, such as business enterprises and other instruments
of ownership. He reiterated that he thought that a 401K should be treated like a bank
account and should not be included on the City’s form.
Mr. Slavin stated that he appreciated the concern that Mr. Anderson had raised;
however, he disagreed because there are times when members are asked to choose
fund managers. He indicated that it would be important for them to disclose any
relationships they have so that there would not be even the sniff of a conflict of
interest. Mr. Slavin advised that he would go with the fact that this is a system that
works for judges, legislators, and every appointed official in the State of Delaware
and that he will vote for it to be adopted by the City. Mr. Slavin stated that if people
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CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 23
are uncomfortable with having this standard of ethics and disclosure behind them,
they can vote against it.
Mr. Slavin moved to recommend adoption of Proposed Ordinance #2017-14,
seconded by Mr. Lindell.
Mr. Neil stated that he was happy with the Proposed Ordinance and thought it a very
solid piece of legislation. He informed members that he had taken money and put it
aside in his 401K and this was deferred compensation. Mr. Neil explained that the
Internal Revenue Service states that he has to remove 10 percent of this every single
year, and he will list who is handling that account because it is real income that he
is using. He noted that he did not think that a person who is putting funds into that
type of account is accountable until they retire and start drawing money out, because
they are not benefitting from the money. Mr. Neil noted that these funds are put
aside as a pension for the future. He stated that he would list his Social Security, his
pension, and the money he receives from the City. Mr. Neil indicated that he would
support the Proposed Ordinance because he thought that the transparency issue was
the issue really at stake.
Mr. Lewis noted that Mr. Polce had mentioned that it might behoove Council to
receive a presentation from a representative of the PIC or its director. He suggested
that it would be good for members who have reservations to direct their individual
questions to the PIC representative for final clarification.
Mayor Christiansen commended everyone for their work and comments and noted
that Mr. Polce had offered, once the Proposed Ordinance is adopted, for members to
receive additional training as they move forward with filling out their documents.
He stated that he thought that, in these days and times, the public requires members
to be above reproach with the citizens that they serve. Mayor Christiansen indicated
that he thought that all of those in the room serve with integrity, honor, and to the
best of their ability. He noted that once they set an example to the public that they
are serving in this manner, the public’s trust and belief that the actions of Council and
City staff are in the best interests of the citizens will be confirmed.
Mayor Christiansen expressed thanks to Mr. Polce for bringing this matter to
members’ attention, to the other sponsors, and to Mrs. McDowell for the yeoman
duty that she put forth.
Mr. Lindell stated that he supported the measure fully and appreciated the work that
Mr. Polce and Mrs. McDowell put into researching, and putting the document
together. He advised that he did not see this as a big issue, noting that when he ran
and was elected, he expected that members should be held to a higher standard,
which meant he should be expected to share a little more information than the
average Joe or Jane citizen should share. Mr. Lindell indicated that he would report
Voya on his sheet, noting that members would not be disclosing dollar amounts. He
indicated that members were getting lost in the weeds and that the system works
Página 24
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 24
throughout the State and is a vetted process. Mr. Lindell stated that if training was
needed, this could be done after the Proposed Ordinance is approved.
Mr. Anderson moved to amend the Financial Disclosure Report, Section 1(A) to state
“excludes retirement accounts not receiving distribution.” The motion was seconded
by Mr. Lewis and failed by a roll call vote of nine (9) no (Sudler, Neil, Lewis, Cole,
Polce, Hare, Lindell, Slavin, Shevock) and one (1) yes (Anderson).
The Committee recommended adoption of Proposed Ordinance #2017-14.
Mr. Polce thanked his colleagues for the positive feedback that they provided him
approximately a month and a half ago.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Proposed Ordinance #2017-15 Amending Chapter 34 - Elections, Article III -
Absentee Voting (Sponsors: Anderson and Lindell)
Mrs. Traci McDowell, City Clerk, advised members that Proposed Ordinance
#2017-15 was brought about by a change in State legislation that removed the
requirement for notaries for absentee ballots. She explained that the Proposed
Ordinance would amend Chapter 34 of the Dover Code to remove this requirement
for the City, and combine a couple of paragraphs that were very similar.
Mrs. McDowell explained that the Proposed Ordinance would also remove the list
of reasons for eligibility to vote by absentee ballot and reference the Delaware Code
instead, explaining that sometimes the State’s reasoning for absentee eligibility
changes and the City is not made aware right away.
Staff recommended adoption of Ordinance #2017-15.
The Committee recommended adoption of Ordinance #2017-15.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Update - Resolution No. 2017-10 - Establishing the “Making Dover Prosper”
Initiative
During their meeting of August 14, 2017, City Council adopted Resolution
No. 2017-10 - Establishing the “Making Dover Prosper” Initiative, which included
a direction to the City Manager and Director of Planning and Community
Development to report to City Council not later than October 31, 2017 with
recommendations and a path forward.
Página 25
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 25
Mr. David Hugg, Acting Director of Planning and Community Development,
reviewed an outline, plan, and status report regarding Resolution No. 2017-10 -
Establishing the “Making Dover Prosper” Initiative.
Mayor Christiansen stated that Mr. Hugg had made the City shine lately by drawing
new businesses downtown and giving out appropriate information. He advised that
Mayor Purzycki, City of Wilmington, was scheduled to attend the Economic
Development Committee meeting of October 25, 2017, to share some of the
successes, failures, and strategies used in Wilmington. Mayor Christiansen invited
everyone to attend, noting that Mayor Purzycki had been and continues to be
successful in Wilmington.
Mr. Anderson thanked Mr. Hugg for all of the work that he was doing, stating that
he was focused like a laser and was cutting through the problems.
Mr. Neil noted that the Kent Economic Partnership had recently honored Mr. Hugg
for his work in Smyrna. He stated that the light Mr. Hugg had brought to Smyrna
was beginning to shine here and expressed his hope that Mr. Hugg could earn another
significant honor from the Partnership for what he was doing for the City of Dover.
Mr. Hugg thanked members of Council, not only for bringing him complaints but for
helping staff to find solutions. He advised that Dover has a great future and that
approximately half a dozen new businesses either opened or were about to open
downtown in the last six (6) months. Mr. Hugg stated that he could not take credit
for all of these businesses but this was a good sign, and he thought everyone should
be positive about this and tell this story.
Discussion - Development of Policies/Procedures
Mr. Slavin advised members that he had requested that the Discussion - Development
of Policies/Procedures regarding Legal Opinions and Excused Absences be added to
the agenda because he has concerns and is unsure whether the City needs new
procedures. He indicated that if new procedures are necessary, he would need
members’ help in creating them.
Legal Opinions
Mr. Slavin stated that the City currently has a practice that allows for legal opinions
to be requested by anyone and that legal opinions cost money; therefore, there was
an unrestricted burner going on when it comes to these costs. He explained that it is
not known how much a legal opinion will cost when it is obtained, and without
knowing this, there is no control on how much is spent for legal opinions. Mr. Slavin
stated that in some cases, over the course of the last 10 or 20 years, legal opinions
had been requested for the same matter multiple times and he expressed the desire
to avoid that issue. He indicated that he wanted to open this matter for suggestions.
Mr. Slavin noted that he did not want to create a choke point and did not think that
being the gatekeeper would be an appropriate role for him; however, he thought that
members could do something together to make this procedure better.
Página 26
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 26
Mr. Anderson stated that he agreed with Mr. Slavin on both points, noting that he did
not think that members want to choke off legal opinions because many times legal
opinions save money in the long run, so that huge mistakes are not made for
something that would have cost $125 for an opinion. He indicated that he would like
to see a library of legal opinions that is easy to access so they are not duplicated.
Mr. Anderson indicated that if members question if an opinion that is 20 years old
is valid, they could ask if it should be updated, and this is the approach he would use
if he had this concern. He asked if this could be done through the City Clerk’s
Office, stating that he thought it would be nonsense to duplicate things that the City
already has.
Mr. Slavin noted that the City has a body of knowledge to which access is needed;
however, it is a restricted, confidential body of knowledge. He expressed the need
to keep tight control over this information, stating that he did not think it would even
be put on a protected intranet. Mr. Slavin indicated that a gatekeeper may be needed
to take requests and suggested perhaps having the City Clerk’s Office service those
requests and advise whether or not there had been a previous legal opinion.
Mr. Anderson asked if it would be feasible to use the City Clerk’s Office as a
clearinghouse for legal opinions, noting that this may possibly save on both time and
money. Mr. Slavin stated that perhaps the City Clerk’s Office could be called or
emailed first to see if there is any precedent, and if not the request for a legal opinion
would proceed.
Mr. Slavin suggested that an appropriate motion would be to ask the City Clerk’s
Office to come up with some procedures in this regard. He also suggested a second
motion to have Mrs. Donna Mitchell, Acting City Manager, compile the City’s legal
costs related to legal opinions for fiscal years 2017 and 2018 so members can
correlate where the requests are coming from, explaining that in addition to the nine
(9) members of Council, there are also staff members who request legal opinions.
He stated that the data would indicate how much of an issue the City has.
The Committee recommended that Mrs. Donna Mitchell, Acting City Manager,
compile the costs associated with legal opinions requested in FY 17 and year-to-date
FY 18 correlated by requestor.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Hare stated his belief that members had stated some time ago that all legal
opinions would be vetted through the Clerk’s Office. He advised that he agreed with
this process and thought that someone who obtains a legal opinion on their own
which had previously been obtained should be the one to pay for the opinion.
Mr. Sudler stated that he agreed with Mr. Anderson, Mr. Slavin, and Mr. Hare and
expressed his belief that this matter had been discussed previously. He indicated that
he liked the idea of having the City Clerk’s Office review requests for legal opinions
Página 27
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 27
and get back to members; however, he stated that he would like to read for himself
the literature on the opinion rather than just receiving a call stating whether or not an
opinion had been obtained.
Mr. Anderson moved to recommend that the City Clerk’s Office develop
recommended guidelines for the issue of legal opinions and the compilation of
existing legal opinions. The motion was seconded by Mr. Lindell.
Mrs. Traci McDowell, City Clerk, requested clarification regarding the compilation
of legal opinions. Responding, Mr. Anderson advised that he would like the City
Clerk’s Office to give members guidelines on a procedure for obtaining legal
opinions and recommendations on establishing a compilation of existing legal
opinions.
Mr. Hare stated that he agreed to a certain degree that if members need a legal
opinion, they could ask the City Clerk’s Office to get the information. He explained
that he did not think it was necessary to have the City Clerk’s Office put together a
whole list of legal opinions, for example, from the last 15 years; however, if a
question is raised that requires a legal opinion, the City Clerk’s Office could research
to determine if an opinion was previously provided and advise members of that
opinion.
Responding to Mayor Christiansen, Mrs. McDowell explained that legal opinions are
currently archived by title and subject and are permanent, according to the State
records retention policy. She indicated that staff has all legal opinions ever obtained;
therefore, making a compilation would be mind-boggling. Mrs. McDowell stated
that the opinions are easy to retrieve, noting that all of the legal opinions received in
paper format are stored electronically and the City Clerk’s Office can search the
whole database.
In response to Mr. Anderson, Mrs. McDowell advised that staff essentially has a
compilation because legal opinions are filed electronically in Fortis, the City’s
document management system. Mr. Anderson stated that members do not need a
compilation and have the City Clerk to access the opinions.
Mr. Anderson suggested that the motion be amended to recommend that the City
Clerk’s Office develop a recommended procedure for requesting legal opinions and,
as the seconder, Mr. Lindell agreed to the amendment.
By unanimous consent, the motion was amended to recommend that the City
Clerk’s Office develop a recommended procedure for requesting legal opinions.
Mrs. Mitchell stated that she had compiled legal costs through most of last year and
the prior year; however, it would be very time consuming to determine which of the
costs related to legal opinions and which to legal services. She stated that she could
provide the legal costs that had been compiled summarized by department, by whom
Página 28
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 28
the legal opinion was requested, and what the matter was, but not necessarily to
indicate that the City Clerk had these opinions.
Mr. Slavin stated, as the maker of the motion, that what Mrs. Mitchell had compiled
would meet the intent of the motion. He advised that he did not want to cause any
additional work at this point, stating that he thought members had a solution that
would work, and any additional data she could provide on overall legal costs would
just give them a better sense of what was being spent.
Mrs. Mitchell noted that, when she became Acting City Manager, she put out a
directive to department heads that everything had to be run by her. She noted that
staff had managed the legal costs, which came in under budget through the end of
June, rather than being over budget as in prior years.
The Committee recommended that the City Clerk’s Office develop a recommended
procedure for requesting legal opinions.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Excused Absences
Mr. Slavin stated that this item was a housekeeping issue related to Section 13 of the
City’s Charter, which states that missing three (3) consecutive regular meetings by
a Council member without being excused by Council calls for the removal of the
member. He noted that he did not believe this provision had ever been exercised.
Mr. Slavin expressed concern that, as a current practice, members notify him if they
are going to miss a meeting and there is no action taken by Council to state that they
are excused. He advised that he did not want to be put in this position, noting that
the power to grant excuses is vested with Council as a whole, and not with the
Council President. Mr. Slavin proposed that a procedure be developed that could be
as simple as an email or letter sent to Council stating, “I will be missing the
following meeting for the following reason,” with the level of specificity to be
determined by the person requesting it. He indicated that such a request would be
placed on the consent agenda for the next meeting so that an action of Council would
grant the excuse.
Mr. Slavin moved to recommend that the City Clerk’s Office develop a procedure for
Council members to request being excused for absences, with the level of specificity
to be determined by the person requesting it, and that members’ requests be placed
on the consent agenda for the next meeting so that an action of Council grants the
excuse. The motion was seconded by Mr. Sudler.
Mr. Lewis asked how “excused” would be defined and if this would apply to
work-related and family-related matters. Responding, Mr. Slavin noted that this
question went to the heart of the matter and it was up to Council, and not him, to
define this.
Página 29
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 29
Mr. Anderson stated that this item needed more discussion because certain items,
such as bereavement, military service, and work conflicts, should be spelled out. He
indicated that there are other reasons which may be worthy of discretion and
Council’s consideration, such as health issues. Mr. Anderson advised that members
may need to review this and possibly develop an ordinance.
Mr. Hare stated that the motion on the floor was for members to send an email to
Mrs. Traci McDowell, City Clerk, stating that they will not be attending a meeting
because, for example, they have a work obligation, a sick mother, or have to go out
of town. He noted that it may be a different matter if someone states they will miss
the next six (6) meetings because they are going on vacation to Florida. Mr. Hare
stated that he thought members were making a mountain out of a mole hill, giving
a reason for not attending would be simply following the existing ordinance, and
there was no need to write something into the ordinance. He noted that a member
had been away for the better part of year while in the military and this absence was
approved.
Mr. Slavin stated that the motion he put forward was to have the City Clerk’s Office
come up with recommendations. He indicated that a request may be passed through
the Clerk’s Office and presented to members as an excuse that meets the conditions
set forth. Mr. Slavin noted that citing a person’s medical excuse or illnesses on the
floor would put the City in violation of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), and he expressed the need to be careful about
this. He stated that he thought it would be easy for the City Clerk’s Office to put a
recommendation together and that he was sure that there is some human resources
language that would allow for this.
Mr. Cole stated that the more general the process is, the easier it would be to follow.
He stated that when things start being listed, it becomes more cumbersome and this
had occurred in his other jobs.
Mr. Neil noted that the problem was not with missing one (1) meeting but with
missing three (3) consecutive meetings unless there were extenuating circumstances,
such as military service. He stated that he thought the proposal would work and there
should not be a problem with it. He noted that multiple absences could cause
problems for constituents.
The Committee recommended that the City Clerk’s Office develop a procedure for
Council members to request being excused for absences, with the level of specificity
to be determined by the person requesting it, and that members’ requests be placed
on the consent agenda for the next meeting so that an action of Council grants the
excuse.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Página 30
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 30
Mr. Sudler moved for acceptance of the Council Committee of the Whole Report, seconded by
Mr. Neil and unanimously carried.
MONTHLY REPORTS - SEPTEMBER 2017
By motion of Mr. Anderson, seconded by Mr. Neil, the following monthly reports were
accepted by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Manager’s Report
City Planner’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
QUARTERLY REVIEW OF OPERATIONS/REVENUES - PASSPORT ACCEPTANCE
FACILITY
Members were provided the Quarterly Review of Operations/Revenues for the Passport Acceptance
Facility as of October 22, 2017.
By consent agenda, Mr. Anderson moved for acceptance of the Quarterly Review of
Operations/Revenues for the Passport Acceptance Facility as of October 22, 2017. The motion
was seconded by Mr. Neil and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - HUMAN
RELATIONS COMMISSION - GERALD L. ROCHA, SR. - FIRST DISTRICT (TO FILL
THE EXPIRED TERM OF S. RENEE SMITH - TERM TO EXPIRE FEBRUARY 2020)
Council President Slavin recommended the appointment of Gerald L. Rocha, Sr. to serve on the
Human Relations Commission, as the First District representative (to fill the expired term of
S. Renee Smith) for a term to expire February 2020.
By consent agenda, Mr. Anderson moved for approval of the appointment of
Gerald L. Rocha, Sr., as recommended by Council President Slavin. The motion was
seconded by Mr. Neil and carried by a unanimous roll call vote.
COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULE
Council President Slavin noted that, as Council had done in the past, due to the holiday season,
it was recommended that the December 25, 2017 City Council meeting, the December 26, 2017
Council Committee of the Whole meeting, and the December 27, 2017 Economic Development
Committee meeting be cancelled. He assured members that if the need arose, special meetings
would be called.
Mr. Hare moved to cancel the Council and Committee meetings as presented by Council
President Slavin. The motion was seconded by Mr. Neil and unanimously carried.
Página 31
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 31
FIRST READING - PROPOSED ORDINANCE #2017-14
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
November 27, 2017.
Mr. Slavin reminded members that Proposed Ordinance #2017-14 amends Chapter 30 - Code of
Conduct and Ethics Commission by adding required financial disclosure reports, acknowledgment
of receipt of policies, and required ethics training. It also makes organization changes to Chapter 30.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
#2017-14 Amending Chapter 30 - Code of Conduct and Ethics Commission, and
Appendix F - Fees and Fines (City of Dover Ethics Initiative)
FIRST READING - PROPOSED ORDINANCE #2017-15
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
November 27, 2017.
Mr. Slavin reminded members that Proposed Ordinance #2017-15 amends Chapter 34 - Elections
by revising the requirements to request an absentee ballot to comply with recently amended State
law. This amendment will become effective January 1, 2018.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
#2017-15 Amending Chapter 34 - Elections, Article III - Absentee Voting
ACTING CITY MANAGER’S ANNOUNCEMENTS
Mrs. Donna Mitchell, Acting City Manager, reminded members that leaf collection is underway and
would continue through January 12, 2018, and there are three (3) holidays in November that affect
the trash collection schedule, including Veteran's Day (11-10), Thanksgiving (11-23) and the Day
After Thanksgiving (11-24). She advised that trash collection resumes the next business day
following the holiday(s) and crews work hard to get collection caught up as quickly as possible.
Mrs. Mitchell stated that information regarding leaf collection guidelines, as well as updates
regarding trash collection, were available on the Public Works page on the City of Dover website.
Mrs. Mitchell announced that the goal for the Mayor’s Turkey Drive is 51 turkeys, which will go to
the Boys and Girls Club for distribution. She stated that anyone interested in donating turkeys
should bring them to City Hall on November 21, 2017 between 10 a.m. and 11:00 a.m.
Página 32
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 32
Mrs. Mitchell stated that the Annual Holiday Food Drive is accepting non-perishable food donations
through November 30, 2017 at the following locations: J.W. Pitts Recreation Center, City Hall,
Library, Customer Services (Reed Street), and the Warehouse. She advised that all food donations
are shared among local food banks and each donation directly helps those in our community.
Mrs. Mitchell reminded everyone to join the City of Dover on Thursday, November 30, 2017 at the
Capital Holiday Celebration, where food donations would also be collected.
Mrs. Mitchell announced that the Police Department’s Operation Gobble would be held on
November 21, 2017 at 4:00 p.m. and they would be giving away turkeys to families in Dover (Simon
Circle and Derby Estates) in partnership with the Dover Housing Authority, NCALL and
other partners.
Mrs. Mitchell stated that the Library has a new cultural series titled “Celebrate the Arts,” and
announced that this month’s event is Pape Demba “Paco” Samb. She stated that “Paco” is a
world-renowned African percussionist, who will be joined by storytellers, drummers, and dancers
on Friday, November 17, 2017 at 6:30 p.m.
Mrs. Mitchell advised that $2 off coupons for LED Christmas lights are available for download on
the Customer Service page of the City’s website. She stated that the coupons are valid for use at
Ronnie’s Garden World in Smyrna, sponsored by the Delaware Municipal Electric Corporation
(DEMEC). Mrs. Mitchell announced that DEMEC is also sponsoring the Winter Wonderfest in
Cape Henlopen, which opens on Friday, November 17, 2017.
Mrs. Mitchell reminded everyone that City Offices will be closed November 23, 2017 and
November 24, 2017.
COUNCIL MEMBERS’ ANNOUNCEMENTS
Mr. Lewis wished all of the citizens of the City of Dover a Happy Thanksgiving.
Mr. Anderson wished everyone a Happy Thanksgiving and announced that there would be a
Thanksgiving dinner on November 21, 2017 from 4:00 p.m. 7:00 p.m. at the Holy Trinity Church
of the Living God, off 425 West Division Street in Dover. He stated that the dinner is cosponsored
by the Central Delaware branch of the National Association for the Advancement of Colored People
(NAACP), the greater Dover Interdenominational Ministerial Alliance (IMA), and the City of Dover
Police Department, and he was happy to be able to join in the partnership as well. Mr. Anderson
advised that, in the past, they had served about a couple hundred people in the Fourth District. He
stated that it would be an entertaining and nutritious event. Mr. Anderson thanked everybody
involved, noting that many people had volunteered to help serve and give other donations, and it was
an effort that the whole City was participating in.
Mr. Anderson thanked Mr. Slavin for providing very important leadership in regard to the Schwartz
Center, noting that the charrette to the save the Schwartz Center would be held on
November 14, 2017. Mr. Anderson stated that he thought that it was a very important project and
expressed his hope that members would join Mr. Slavin and support him in this effort.
Página 33
CITY COUNCIL MEETING OF NOVEMBER 13, 2017 PAGE 33
Mr. Anderson advised members that they would be hearing more about the Kent County Drug
Prevention Coalition with the Venus Project and expressed his hope that they would get involved
in this very important effort. He thanked the City of Dover Police Department for being a part of
the Coalition.
On behalf of his daughter, Mr. Lindell thanked the Dover Police Department for their Trick or Treat
event on October 28th, noting that it was a great event and he, his wife, and his in-laws enjoyed it as
well. He stated that it was great to see the community and all the different community groups
involved, they had good food for the adults, while the kids were getting the candy, and he expressed
his hope that the event would continue for years to come.
Mr. Lindell advised members that he would be undergoing a medical procedure on Thursday,
November 16, 2017 and expected to be back by the next Council meeting or the Council meeting
scheduled for December 11, 2017.
Mr. Slavin wished Mr. Neil a Happy Birthday on November 26th.
Mr. Lewis moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:00 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of November 13, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2017\11-13-2017 Council Minutes.wpd
Exhibits
Exhibit #1 - Correspondence from Dr. Margaret McKay, dated November 9, 2017
Página 34
EXHIBIT #1
Regular Council Meeting of 11/13/2017
(..11~ ur Dov 1
RECElVED
l•2.
IT'i 1\ I \l.1F.n,\1 \ YOR
Mayor Robin Christianson,
City Councilman' s Rip off: November 9, 2017
Some years ago (close to twenty) I received information from a Dover City Councilman,(who has
long since left the Council and the region) that a member of the Council, James Hutchinson, has
been spending large amounts of City money to wine and dine local business men and officers
from Dover Air Force Base.
To verify his story I requested to see months of past City expenditures. The story proved to be
correct. Moreover, these expenditures were excluded from the City Council Budget and public
review because they came out of a Federal "Parks and Recreation" grant that did not require
Board approval. Consequently, because no public funds were involved; no Council approval was
required. Thus this expenditure was beyond the scrutiny of the Council, the Mayor and the
public. If my source had not brought these figures to my attention, I would not have known about
them what and how they were being used.
Through further inquiry on my part, I discovered that these expenses went for golfing fees, large
dinners at expensive restaurants and gifts to Executives of large companies in the Dover area and
high powered officers from Dover Air Force Base. These expenditures were paid for by Dover' s
Federal Parks and Recreation grant.
I recently discovered that the Dover City Council is considering naming a room after James
Hutchinson in the Dover Police Station. Given Councilman Hutchinson's questionable past as a
public servant concerning the expenditure of public funds, I believe this to be an inappropriate
appointment on the part of the City Council,
I request to speak to the City Council in a public forum so that I may bring this information to the
public's attention.
Re. spectfully, , /c;('_)
Af![l!?A ~cb!/J fli
Dr. ~ar1
1 et McKay
54 Rodn~ Rd.
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Dover, 19901
734-8355