Anexo

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA AUGUST 26, 2013 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. City of Dover Participation in the Commemorative Partner Program 2. Proposed Resolution No. 2013-22 With Staff Amendment (SA) #1 - Cessation of Illegal Gang Formation in Dover (Recommended by the Dover Human Relations Commission) 3. Proposed Ordinance #2013-15 - Amending Chapter 58 - Human Relations 4. Adjournment by 7:00 p.m. /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2013\08-26-2013 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2013-22 WITH SA#1 2 (SA#1 Indicated in Bold, Blue, Italics (additions) and Red, Bold, Strikeout (deletions) 3 A RESOLUTION PROPOSING THE CESSATION OF ILLEGAL GANG FORMATION IN 4 DOVER, DELAWARE 5 Whereas; WHEREAS, Tthe City of Dover, the State Capital, strives to be a model for all cities in Delaware 6 and the United States.; and 7 WHEREAS, Chapter 58 - Human Relations, Article II. Human Relations Commission, Sec. 58-31. 8 Purpose, of the Dover Code, states: 9 The city council has deemed it to be in the best interest of the city to 10 establish a human relations commission to include members who are broadly 11 representative of the entire community and who are committed to a philosophy of 12 inclusion, intergroup cooperation, and fair treatment that will effectively help the 13 city meet the following needs: (1) Fairness, respect. Promote and develop an 14 environment of fairness and respect among its citizens; (2) Monitoring. Develop 15 ways to measure and monitor community relations, particularly those that are 16 sources of intergroup conflict; (3) Intergroup relations. Involve all segments of the 17 community in understanding and appreciating the benefits of positive intergroup 18 relations; (4) Issues. Offer a range of programs and services that will help its 19 residents and neighborhoods prevent and resolve issues of human relations; and 20 (5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving 21 community tensions arising from intergroup conflict; and 22 Whereas; WHEREAS, Tthe Mayor and City Council have granted Ppowers and Dduties to the Dover 23 Human Relations Commission, Ppursuant to Chapter 58 - Human Relations, Article II. Human Relations 24 Commission, Sec. 58-316. Powers and duties, of the Dover Code.; and 25 Whereas; Article II Sec. 58-31 titles (2), (4) and (5) charges the DHRC with developing ways to 26 measure and monitor community relations and offer a range of programs and services that will help 27 Dover residents identify and resolve issues of human relations; anticipating, preparing for, and 28 relieving community tensions arising from intergroup conflict. 29 (Code 1981, § 2-16; Ord. of 2-11-2002) 30 Whereas; WHEREAS, Tthe Dover Human Relations Commission, through open discussion with members 31 of the community and the knowledge of local events, has found that gun possession and illegal gang activity 32 is at an all-time high.; and 33 Whereas;WHEREAS, an Iillegal gangs are is a group of individuals consisting of three or more persons 34 whose demoralizing influence, common interest, attitude, and graffiti signs significantly contribute to the 35 commission of disruptive behavior and criminal enterprises in the City of Dover.; and P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

DRAFT PROPOSED COUNCIL RESOLUTION NO. 2013-22 PAGE 2 36 Whereas;WHEREAS, Tthe number of illegal gang organizations in Dover and Kent County has increased 37 over the last few years, cultivating an environment of psychic imprisonment, mistrust, and fear among 38 citizens of Dover.; and 39 Whereas;WHEREAS, Iillegal gang culture and activities have played a significant role in student dropout 40 rates, drug activity, and random acts of violence, often leaving innocent bystanders paralyzed and 41 traumatized for life.; and 42 Whereas;WHEREAS, Iillegal gang graffiti promoting hate, fear, and danger has defaced public and private 43 sector facilities, impeding home and business owner's’ rights to market or enjoy their propertyies, without 44 unwelcomed and unauthorized graffiti signs. 45 Therefore, Be it Resolved; NOW, THEREFORE, BE IT RESOLVED Tthat the Rresidents of Dover, 46 Delaware,; the Mayor,; City Council,; Dover Police Department,; Delaware Department of Justice and the 47 Dover Human Relations Commission have observed with dismay the escalation of gang growth and 48 development in our communities and will merge resources and efforts to intensify the pursuit of the 49 eliminatingon of illegal gang formation, activities, and communication, including the display of graffiti signs 50 in Dover, Delaware. 51 Be it Further Resolved; BE IT FURTHER RESOLVED Tthat we will accomplish this goal and establish 52 a New Community and Family Involvement Paradigm for Cessation of Illegal Gang Formation by: 53 1. Cleaning up our streets together, showing resistance to illegal gang formation and 54 unwelcomed graffiti signs through unity and clear purpose; 55 2. Increasing individual's awareness and accountability for reporting known illegal 56 gang activity and \ /or formation in your community.; 57 3. Strengthening parent and family involvement in the childrearing and educational 58 processes; 59 4. Implementing and supporting additional intervention and summer programs; and 60 5. Providing additional funding to the Dover Police Department through grants and 61 other resources to establish additional police stations in areas with high volumes 62 of crime to protect Dover residents from being a targets of bias-motivated 63 violence in the City of Dover. 64 ADOPTED: * 65 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2013\Draft\2013-22 - Cessation of Illegal Gang Formation in Dover-Draft-w SA #1.wpd 66 67 CARLETON E. CAREY, SR. DAVID L. BONAR 68 MAYOR COUNCIL PRESIDENT 69 Actions History: 70 August 26, 2013 - Introduced at Legislative, Finance, and Administration Committee

DHRC – RESOLUTION Submitted By: Roy Sudler, Jr. August 12, 2013 Chairman DHRC 1

A. RESOLUTION: CESSATION OF ILLEGAL GANG FORMATION IN DOVER, DELAWARE ************************************************************************* Whereas; The City of Dover, the State Capital, strives to be a model for all cities in Delaware and the United States. Whereas; The Mayor and City Council have granted Powers and Duties to the Dover Human Relations Commission, Pursuant to Article II. Sec. 58-31. Whereas; Article II Sec. 58-31 titles (2), (4) and (5) charges the DHRC with developing ways to measure and monitor community relations and offer a range of programs and services that will help Dover residents identify and resolve issues of human relations; anticipating, preparing for, and relieving community tensions arising from intergroup conflict. (Code 1981, § 2-16; Ord. of 2-11-2002) Whereas; The Dover Human Relations Commission through open discussion with members of the community and the knowledge of local events has found that gun possession and illegal gang activity is at an all-time high. Whereas; Illegal gangs are a group of individuals consisting of three or more persons whose demoralizing influence, common interest, attitude and graffiti signs significantly contribute to the commission of disruptive behavior and criminal enterprises in the City of Dover. Whereas; The number of illegal gang organizations in Dover and Kent County has increased over the last few years, cultivating an environment of psychic imprisonment, mistrust and fear among citizens of Dover. Whereas; Illegal gang culture and activities have played a significant role in student dropout rates, drug activity and random acts of violence, often leaving innocent bystanders paralyzed and traumatized for life. 2

Whereas; Illegal gang graffiti promoting hate, fear and danger has defaced public and private sector facilities, impeding home and business owner’s rights to market or enjoy their property, without unwelcomed and unauthorized graffiti signs. Therefore, Be it Resolved; That the Residents of Dover, Delaware, the Mayor, City Council, Dover Police Department, Delaware Department of Justice and the Dover Human Relations Commission have observed with dismay the escalation of gang growth and development in our communities and will merge resources and efforts to intensify the pursuit of eliminating illegal gang formation, activities, and communication, including the display of graffiti signs in Dover, Delaware. Be it Further Resolved; That we will accomplish this goal and establish a New Community and Family Involvement Paradigm for Cessation of Illegal Gang Formation by 1. Cleaning up our streets together, showing resistance to illegal gang formation and unwelcomed graffiti signs through unity and clear purpose; 2. Increasing individual’s awareness and accountability for reporting known illegal gang activity and \ or formation in your community. 3. Strengthening parent and family involvement in the childrearing and educational process 4. Implementing and supporting additional intervention and summer programs; and 5. Providing additional funding to the Dover Police Department through grants and other resources to establish additional police stations in areas with high volumes of crime to protect Dover residents from being a target of bias-motivated violence in the City of Dover. 3

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DOVER HUMAN RELATIONS COMMISSION MEETING MINUTES OF JUNE 26, 2013 CITY COUNCIL CONFERENCE ROOM, CITY HALL, DOVER Present: Chairman, Roy Sudler, Jr., Ellen O. Wasfi, Vice Chair, Dawn Allen-Pyne, Justina H. Brewington and Faye D. White Absent: Dr. Linda Hackett and Dr. Phylis Edamatsu 1. Call to Order/Roll Call: Chairman, Roy Sudler, Jr. called the Dover Human Relations Commission Special Meeting to order on this day, Wednesday, June 26, 2013 at 7:00 p.m. 2. Moment of Silence: was observed. 3. Adoption of Minutes Chairman Sudler asked for a motion to accept the Minutes of June 27, 2012 Commissioner White motioned to accept the Minutes of June 27, 2012 with the proper corrections. Commissioner Allen-Pyne second. Motioned carried. Chairman Sudler asked for a motion to accept the Minutes of April 24, 2013. Commissioner Allen-Pyne motioned to accept the Minutes of April 24, 2013 with the proper corrections. Commissioner White second. Motioned carried. 4. Comments/Presentations from Members of the Community: Mr. Bill Washington of 8 Shue Street, Dover, Delaware stood proxy with an intake form in hand to submit for 73 year old Ms. Betsy Williams’s a grandmother, guardian and resident at 326 W. Division Street, Dover, Delaware for the past 17 years. Mr. Washington stated that last Monday, June 24, 2013 Ms. Williams came home to find a condemn notice tacked on her door giving her 7 days to vacate her apartment unit having nowhere to go. Mr. Washington stated that the reason her apartment unit is being condemned is because it is connected to a store that is housed within the same building that is being condemned. The notification she received last Monday was the first notification received. It was reported that she is a recipient of Section 8 under the Delaware State Housing Authority and her apartment just recently passed inspection. Commissioner White: stated that the Landlord of the property Joe Burton should be contacted for clarification. Commissioner Brewington: stated the Delaware State Housing Authority should be notified. Chairman Sudler: asked if Ms. Williams receive a certified letter asking her to vacate. Mr. Washington stated that the notice she received on her door is the only notice Ms. Williams has received. 1

Chairman Sudler: asked what type of relief is Ms. William’s seeking. Mr. Washington stated that Ms. Williams is requesting more time to vacate the property. She will need approximately sixty days to relocate. Commissioner Wasfi: wanted to know if there was a disconnection of communication with the City of Dover who condemned the property and the State Housing Authority who just inspected and approved the apartment unit in the property? Chairman Sudler: stated that it could be an issue with the store which is being used for storage and the apartment units which are attached. The Landlord may want to look to get a permit to use the store for storage. Mr. Washington feels that this building is being condemned all of a sudden after the store has been used for storage for the past 10 years. The Landlord feels he is being targeted after passing inspection and making repairs that this is being done because the City wants this particular property. Commissioner Wasfi: stated that being that we have a time element here with the tenant having to be out of the property in 7 days that the Housing Authority needs to be notified immediately and a call put in to the Department of Planning to find out why Ms. William’s apartment is being condemned when it just passed inspection. She also stated that the Housing Authority should intervene on behalf of the tenants in this hardship and suggests a letter be sent as a paper trail. Chairman Sudler: asked if there was anything Mr. Washington would like the Commission to do in this matter? Mr. Washington asked for an extension on the 7 days to give the tenant time to relocate. Judy Blue of Dover, Delaware approached the podium with a comment in regards to Ms. Williams’s situation of sudden homelessness and feels that the Commission should intervene. She also believes that Delaware State Housing should provide housing for Ms. Williams. Ms. Blue stated that she believes that the City wants this property for Wesley College and that is why it is being condemned. Chairman Sudler stated that the Delaware State Housing Authority will be contacted. Commissioner White: Motioned that the Commission should advise Council of our intent, call and send a certified letter within 24 to Delaware State Housing Authority as well as carbon copy the Dover Housing Authority, Dover City Planning and Zoning along with the Landlord of the property in question. Commissioner Wasfi: Second Commissioner Allen-Pyne suggested with Carbon Copy City Planning and Zoning and the Landlord of the property in question. Motion carried. Commissioner Sudler thanked Mr. Washington and Ms. Blue for coming out and presenting. 5. Chair’s Report: Chairman Sudler submitted a DHRC Response to Action Form Packet to each Commissioner for review. This packet includes the actions, duties and purpose of the Commission. The highlighted areas on the form reflect the concerns 2

and issues of our action. The packet explains our relevance and how we are fulfilling our duties. (Please see attached DHRC Response to Action Form Packet) Chairman Sudler resubmitted to the Commission the complaint forms that were submitted by Eshed Austin on June 24, 2013. The complaint forms will be included in the minutes and submitted to the Intake Chair. Today at 2:30pm Chair spoke to Ann Marie Townsend regarding getting policies and rules and regulation on the City’s bidding process. This meeting took place as a result of the complaint received by Bobby Wilson at our last meeting. The City would like to look into partnering with minority contractors. We are looking forward to a workshop for minority contractors on how to pursue city contracts. That Concludes the Chair’s Report. 6. Committee Report: a. School Programs Commissioner Wasfi – informed the Commission that she has scheduled the Study Circle with the Dover Library for September 21 through October 19, 2013. The Commission will be responsible for set up and putting the room back as found after use. It was suggested that if the Commissioners knows someone who would be interested in participating in this Study Circle to give it a broader pool of participants to let Commissioner Wasfi know as she will also be looking. b. Community Programs: Commissioner Dawn Allen-Pyne – reported that she was not able to contact the church and will visit on Sunday. Chairman Sudler submitted Bishop Hoesey phone number to Vice-Chair Allen-Pyne. c. Assessment: Commissioner Edamatsu – not present to report at this time. d. Intake Forms: Commissioner Brewington reported she just received two intake forms tonight. 7. Unfinished Business: a. Review/Recommendation to Legislative, Finance and Administration Committee – Resolution/Funding – Cessation of Illegal Gang Formation in Dover Chairman Sudler asked for a motion to accept the Resolution for Cessation of Illegal Gang Formation in Dover with the proper adjustments. Commissioner Allen-Pyne motioned to accept the Resolution with the proper adjustments. 3

Commissioner White second. Motioned carried. b. Formation of an Ad Hoc Committee for Resolution Proposal c. Formation of an Ad Hoc Committee for Grant Proposal 8. New Business: a. Discussion – May 28, 2013 Legislative, Finance and Administration Committee Report – Proposed Amendments to Chapter 58 – Human Relations Commission Action Form Packet – By James Hutchinson and Prepared by City Clerk Chairman Sudler explained this packet includes recommended action section 58.3c and also expressed some concerns about the Commission meeting only when an intake form is submitted. A review of our Five Aims will also take place to see if the Commission is meeting its goal. Chairman Sudler asked for any comments from the Commissioners. Commissioner Wasfi: Stated that the community is aware that the Commission meets once a month and able to commit their concerns. We are an open forum and have to be accessible to the public. Commissioner Wasfi asked if there is a requirement to be a member of the National League of City Commissioner White: motioned that we invite Mr. James Hutchinson to come to a DHRC meeting to express his concerns. Commissioner Wasfi: motioned to put the invitation to Mr. James Hutchinson on the Agenda for our next meeting. Commissioner Allen-Pyne second Motion carried. 9. Scheduling of the Next Regular Meeting: July 24, 2013 @ 7pm at Dover City Hall 10. Announcements: No announcements made. 11. Adjournment : Commissioner Sudler adjourned the meeting at 9pm Respectfully Submitted, Belinda Talton 4

CITY OF DOVER PROPOSED ORDINANCE #2013-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 58 - Human Relations, Article II - Human Relations Commission, be amended by 4 inserting the bold, blue text and deleting the text indicated in bold, red, strikeout as follows: 5 Sec. 58-31. Purpose. 6 The city council has deemed it to be in the best interest of the city to establish a human 7 relations commission to include members who are broadly representative of the entire community 8 and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that 9 will effectively help the city meet the following needs: 10 (1) Fairness, respect. Promote and develop an environment of fairness and respect among 11 its citizens; 12 (2) Monitoring. Develop ways to measure and monitor community relations, particularly 13 those that are sources of intergroup conflict; 14 (3) Intergroup relations. Involve all segments of the community in understanding and 15 appreciating the benefits of positive intergroup relations; 16 (4) Issues. Offer a range of programs and services that will help its residents and 17 neighborhoods prevent and resolve issues of human relations; and 18 (5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving 19 community tensions arising from intergroup conflict. 20 (Code 1981, § 2-16; Ord. of 2-11-2002) 21 Sec. 58-32. Established; composition; appointment; representation; holding other office; 22 removal from office; terms of office; vacancies; reappointments. 23 (a) Established. There is hereby established an advisory commission to be known as the 24 "City of Dover Human Relations Commission," to carry out the objectives as described 25 in this article. 26 (b) Composition; appointment. The members of the human relations commission shall be 27 appointed by the mayor (or president of the council), based upon recommendations 28 from and subject to confirmation by the council. The human relations commission 29 shall consist of 15 nine members, all residents of the city. Five of these members shall 30 be appointed by the mayor and confirmed by the city council. Ten of these members 31 shall be appointed by the president of the council, based upon recommendations 32 from the council and confirmed by the council. Two members shall be selected 33 from each council district and one member shall serve from the city at-large.

Proposed Ordinance #2013-15 - Chapter 58, Article II - Human Relations Page 2 34 (c) Representation. In selecting the membership of the commission, the mayor and 35 president of the council and the council shall take particular care shall be taken to 36 ensure that the commission is broadly representative of racial, religious, gender and 37 ethnic groups residing in the city. 38 (d) Holding other office; removal. No member of the commission shall hold any elected or 39 appointed office under the government of the United States or the state, county, or city. 40 The mayor (or the city council president of council) may remove members of the 41 commission, with the concurrence of the city council, for substantial neglect of duty, or 42 gross misconduct in office. 43 (e) Terms of office; vacancies. A member of the commission shall be appointed for a term 44 of office of three years and until his successor has been appointed and has qualified. 45 The appointees shall be appointed for staggered terms of office. When a vacancy occurs 46 in the membership of the commission, it shall be filled by appointment for the unexpired 47 portion of the term in the same manner as the original appointment. 48 (f) Reappointments. Members may be reappointed. 49 (Code 1981, § 2-17; Ord. of 2-11-2002; Ord. No. 2010-23, 8-23-2010) 50 Sec. 58-33. Organization; quorum; meetings; rules of procedure; limitation of functions; 51 agreements; compensation; legal counsel; reports. 52 (a) Organization. The human relations commission shall annually elect its own chairperson 53 to preside over its meetings and may create and fill such other offices and committees 54 among its members as may be found necessary and proper for its effective organization. 55 (b) Quorum. A majority of the membership of the commission shall constitute a quorum and, 56 if a quorum is present, a vacancy on the commission shall not impair the right of the 57 remaining members to exercise all the powers of the commission. 58 (c) Meetings. The commission shall hold at least five meetings per year; one each quarter 59 and one to be determined by the commission. such meetings as may be deemed 60 necessary for the completion of its purposes, responsibilities and functions. Regular 61 meetings shall be held at least once per month unless there is no business to be 62 considered by the commission. Special meetings may be called by the chairperson or 63 three members of the commission. 64 All meetings shall be held at City Hall and in accordance with the Laws of Delaware 65 regarding the Freedom of Information Act (FOIA) and City of Dover procedures. 66 The commission will distribute its agendas and minutes through the City Clerk's 67 Office.

Proposed Ordinance #2013-15 - Chapter 58, Article II - Human Relations Page 3 68 (d) Rules of procedure. The commission is also authorized to adopt rules of procedure for 69 the conduct of its meetings. 70 (e) Functions limited. The commission shall not involve itself in activities or functions 71 already assigned by law or decree to other governmental bodies. 72 (f) Agreements. The commission may enter into agreements and build partnerships with 73 other entities and organizations for the purpose of more efficiently and effectively 74 carrying out its responsibilities. 75 (g) Compensation. Members of the commission shall receive no compensation. 76 (h) Legal counsel. The city solicitor shall provide legal counsel to the commission and shall 77 be the legal representative of the commission in connection with its duties hereunder, on 78 a case-by-case basis, or determine that outside counsel is needed and obtain such outside 79 counsel for a particular matter. 80 (i) Reports. The commission shall make such reports report to the mayor and city council 81 as shall be periodically necessary on a quarterly basis regarding its affairs. An 82 annual report of its accomplishments and a summary of its recommendations, as 83 appropriate, shall be sent provided to the mayor and the city council. 84 (Code 1981, § 2-18; Ord. of 2-11-2002) 85 Sec. 58-34. Expenses. 86 (a) Budget. The city council may appropriate a budget for the city human relations 87 commission to provide for necessary expenses and expenditures. 88 (b) Other funding. The commission may also receive funding from other governmental, 89 philanthropic or private organizations for the exclusive purpose of carrying out its 90 responsibilities. 91 (Code 1981, § 2-19; Ord. of 2-11-2002) 92 Sec. 58-35. Conflicts of interest. 93 If any member of the human relations commission concludes that he has they have a conflict 94 of interest with respect to a matter which is pending before the commission, that member shall 95 disqualify himself themself from participating in any deliberations, discussions and decision making 96 processes of the commission. 97 (Code 1981, § 2-20; Ord. of 2-11-2002)

Proposed Ordinance #2013-15 - Chapter 58, Article II - Human Relations Page 4 98 Sec. 58-36. Powers and duties. 99 The powers and duties of the human relations commission shall be to: 100 (1) Recommendations. Review city programs, activities, functions and ordinances, and make 101 recommendations to the city council for new, amended or changed programs, functions, 102 activities or ordinances which would support inclusiveness and civility among city 103 residents and enhance communication and understanding among residents of the city; 104 (2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within the 105 city and take such action as may be designed to alleviate such conflicts and disputes; 106 (3) Intergroup cooperation. Promote and encourage communications between and 107 cooperation of all groups interested in bettering human relations in the city; 108 (4) Complaints. Seek the active assistance of the state human relations commission in the 109 solution of complaints of alleged discrimination which fall within the jurisdiction of the 110 state commission; 111 (5) Research, education, etc. Engage in such research, education and advocacy as, in the 112 judgment of the commission or the city council, may be needed to improve human 113 relations in the city; 114 (6) Programs. Develop and maintain programs that build positive relations among 115 communities and enhance problem-solving skills among residents throughout the city; 116 (7) Other functions. Do all other acts and deeds necessary and proper to carry out and 117 effectively accomplish the objectives, functions and services contemplated by the 118 provisions of this article. 119 (Code 1981, § 2-21; Ord. of 2-11-2002) 120 ADOPTED: * 121 S:\ORDINANCES\2013\Draft\2013-15 Amending Chapter 58 - Human Relations.wpd 122 SYNOPSIS 123 * 124 (SPONSORS: LF&A COMMITTEE) 125 Actions History 126 August 26, 2013 - Introduced at the Legislative, Finance, and Administration Committee