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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on January 23, 2024, at 6:01 p.m. with Council President
Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty,
Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Mayor Christiansen was also
present. Civilian members present for their Committee meetings were Dr. Jackson-Short and
Ms. Smack (Safety, Advisory, and Transportation), and Mr. Shevock (via WebEx) (Legislative,
Finance, and Administration). Mr. Iriowen, Mr. Pugh (Utility), and Ms. Smith (Legislative,
Finance, and Administration) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously
carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously
carried.
Review of the Research on the Solar Powered Feedback Signs and Electronic Speed
Enforcement Devices (Jason Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the
research on the Solar Powered Feedback Signs and Electronic Speed Enforcement Devices.
Staff recommended approving a method of speed enforcement equipment to utilize in the City of
Dover neighborhoods.
Mr. Lyon explained that he and his team conducted research on the implications of House Bill 94,
which covers electronic speed enforcement devices and was passed by the State of Delaware.
Mr. Lyon stated that the electronic automatic ticketing devices are about $25,000, the mobile
feedback signs are $3,000, and the non-permanent, trailer-mounted signs are $7,000. In addition
to the upfront cost for the unit, there is an annual cost of $7,000 a year for the electronic automatic
ticketing software, the cloud storage, and the use of the photographs going to the cloud for the
third-party company. The automatic ticketing devices cost around $70 a year for maintenance, and
the feedback signs cost around $200 a year.
Mr. Lyon stated that if the automatic ticketing devices were to go through a third party it would
cost the city $14 a ticket to the company to do the mailing, collection, and creation of the bill.
After touring with the Dover Police Department and going over red-light ticketing, which is like
automatic ticketing, Mr. Lyon learned that there are about 12,000 red-light tickets a year, and 10
to 12 percent get appealed. The police department’s staff must review each ticket to see whether
it has been appealed or not.
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Responding to Ms. Arndt, Mr. Lyon stated that each ticket would need to be reviewed by a police
officer, which is the statute because it cannot be assumed that technology is going to work
correctly. Mr. Lyon explained that every one of the 12,000 per year would need to be reviewed by
a team member, and if the person issued the ticket wanted to appeal it, then the team member must
appear in court, so it takes resources.
Responding to Mr. Neil, Mr. Lyon stated that it would have to be a legal officer rather than a
designee who reviews the tickets and goes to court.
Responding to Mr. Neil, Mr. Lyon stated that he had a meeting with the police department and his
understanding is that it must be a sworn officer.
Responding to Mr. Neil, Chief Johnson stated that preliminary research has not led him to a
definitive answer of whether it could be delegated. Chief Johnson explained that in other
jurisdictions, they would be considered civil violations and are not motor vehicle code violations,
therefore they do not require a sworn office to file the charging document. Chief Johnson explained
that they are researching other jurisdictions to explore if someone who is appropriately trained,
like a retired police officer with the core knowledge of what constitutes a violation, could work in
a civilian capacity to process the violations and send them to the vendor.
Responding to Mr. Rocha, Mr. Lyon stated that the program is in the infancy stage in Delaware,
and he is not aware of any other municipalities with a similar program. Mr. Lyon explained that
when he spoke to one of the vendors, they stated that they have municipalities in Florida that are
placing the equipment in school zones and they have been collecting about 400 tickets per day,
five days a week, during the school year. Mr. Lyon explained that it is up to them to charge it, but
that it is sustainable.
Mr. Lyon stated that in the state statute, there is a statement that reads “Any excess revenue not
used for the administration of this system will be managed by the Office of Highway Safety and
used only for purposes of education enforcement, engineering, and administration”. Mr. Lyon
explained that automatic ticketing cannot be used as a revenue source, but it can be used to cover
the administrative costs of an additional member working on the ticket process. Mr. Lyon also
explained that a study must be done that is not longer than one (1) year old by DelDOT showing
that the area that is proposed has a speeding problem, and the eighty-five percentile is over five
miles per hour over the speed limit. DelDOT currently does not have a process for this because it
is too new, but they hope in six months to have a process.
Mr. Lyon stated that the Office of Highway Safety, which provides grants for such items, requires
that electronic automatic ticketing software only be used in school zones and construction zones.
Mr. Lyon continued to state that it is possible to get grants for solar-powered feedback signs, but
that they prefer the mobile kind because they can be moved around.
Responding to Mr. Sudler, Mr. Lyon stated that according to the law, and DelDOT, the study must
come from DelDOT, it cannot be done by the municipality.
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Mr. Anderson stated that the City of Dover has a policy that does not allow speed bumps on public
property. Mr. Anderson explained that there have been upgrades made to the designs and
technology of speed bumps and that he would like to have them looked at again. Mr. Anderson
suggested that the research include speed tables, which do not cause disruption or damage to the
vehicle, and other designs that are designed to allow emergency vehicles to move through safely.
Mr. Anderson explained that with the changing technology, there may be products that meet the
needs of the community without causing too much disruption to emergency services.
Responding to Mr. Anderson, Mr. Lyon stated that traditionally a speed bump is used, they are as
wide as they are short, and they can be driven over at two (2) to 10 miles per hour. A speed hump
or speed table is spread out, not as abrupt, and they can be driven over at 10 to 15 miles per hour.
Mr. Lyon also stated that there is an alternative called a speed cushion, they are the standard width
of a vehicle’s wheelbase. Since a firetruck has a wider wheelbase the speed cushion allows them
to pass by with little interruption. Mr. Lyon stated that he is unsure how this would affect an
ambulance, but the speed cushions are currently being used in Odessa. They are rubber, bolted into
the ground, and can be removed for snow plowing. Mr. Lyon also stated that the Office of Highway
Safety does not provide funding for speed cushions.
Mayor Christiansen stated that he supports the electronic speed enforcement devices because it
does not take officers off the road and when DelDOT creates their procedure the city needs to have
a mechanism in place to put in service because the citizens expect more.
Responding to Mr. Rocha, Mr. Lyon stated that they are only allowed to be used on city local roads
of a speed limit of 25 miles an hour.
Responding to Ms. Smack, Mr. Lyon stated that the $25,000 unit is more for behavior-changing,
but that they would not qualify for grants unless they were placed in a school district.
Responding to Mr. Lewis, Mr. Lyon stated that the Office of Highway Safety stated that they get
their money through the federal government, through the Bipartisan Infrastructure Law. They do
not know exactly how much money they will receive every year, and what the city could receive
depends on what their funding allocation is.
Responding to Mr. Boggerty, Mr. Lyon stated that per House Bill 94, the speed must be 11 miles
an hour or higher to issue a ticket.
Responding to Dr. Pillsbury, Mr. Lyon stated that the city is not eligible to enforce the cameras as
a municipality on state roads, however, DelDOT could once they create a process.
Responding to Mr. Anderson, Mr. Lyon stated that in 1964 there was a group of streets that were
originally in the City of Dover limits that were city-owned and maintained. The state took over
ownership from the city and now when any work needs to be done to a water main for example,
the city must go through the state for a permit.
Ms. Arndt recommended creating a map that shows what schools are on city roads, talk to the
principals, the school districts, and determine where the problems are occurring. Ms. Arndt stated
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that she spoke to the principal at Towne Point and the problem is primarily the parents speeding
as they drop off their children.
Mr. Anderson moved to recommend proceeding with obtaining additional speed signs, with the
recommendation depending on funding, whether they be mobile or static.
Mr. Neil recommended the use of mobile signs.
Mr. Anderson moved to recommend proceeding with obtaining additional mobile speed
signs. The motion was seconded by Mr. Neil and unanimously carried.
Mr. Anderson moved to refer back to staff for a recommendation for the speed cameras after more
studies have been done with a recommendation from public works and the police department on
the issue.
Mr. Lyon stated that the cameras could be placed in a residential zone, but the city would have to
come up with the funding. The Office of Highway Safety grants are only available for use in the
school and construction zones.
Mr. Anderson stated that they do qualify for CTF funds.
Mr. Anderson moved to refer the issue of the speed cameras back to staff for input from the
police department. The motion was seconded by Ms. Arndt and unanimously carried.
Mr. Lewis recommended that Mr. Lyon work with Chief Johnson regarding where the need is for
the mobile radar speed signs and how to move forward with the speed cameras.
Discussion – Complaint from Kate Howard, Irish Mikes Pub Bar Owner/Manager regarding
the Dover Police Department’s responsibility to serve and protect their business
(Councilman Sudler)
Mr. Sudler stated that he had been contacted by Ms. Kate Howard and constituents regarding the
protection of individuals once the bar had been let out.
Committee Action Not Required.
Ms. Kate Howard, Irish Mikes, City of Dover, explained that she wanted to get on the same page
with the city. Ms. Howard stated that when she calls, she feels there is a perception issue between
Irish Mikes and dispatch. Ms. Howard explained that dispatchers seem annoyed when they call to
be proactive before the fighting starts, or if they feel like police presence is needed for a lot of
commotion while people are waiting to get their food around the corner. Ms. Howard stated that
she understands that they are short-staffed, and she does not want the police department to think
she is complaining about them. Ms. Howard stated that she called on Saturday and they were
professional, officers arrived within five minutes, made sure everyone got in their cars, and cleared
the sidewalk. Ms. Howard stated that the complaints have come from her bartenders, so they plan
to have a staff meeting to discuss tips from Chief Johnson on how to provide dispatch information
rather than trying to spit it off to them.
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Responding to Mr. Rocha, Ms. Howard stated that the issues occur after one o’clock when
everyone is leaving. Ms. Howard explained that it has increased since Covid with everyone sitting
outside, drinking, and staying around downtown until three in the morning.
Responding to Mr. Rocha, Chief Johnson stated that typically they tend to have a police presence
in the area at the time of closing. Chief Johnson explained that one in the morning on a Thursday,
Friday, or Saturday is primetime for all types of incidents in areas other than Irish Mikes. Chief
Johnson stated that response times are directly related to how pressed resources are. When
someone is there in two minutes, that means they are in a good spot and have the resources ready,
when five to seven minutes have passed and there is no car, then there is likely a dispatcher
somewhere asking if anyone can break loose and get to Loockerman Street.
Mr. Boggerty commended Chief Johnson for inviting him to review video footage of an event that
occurred around Irish Mikes. Mr. Boggerty explained that in viewing the video footage, he was
able to see the bigger picture and obtain deeper knowledge of what had transpired.
Ms. Arndt commended Chief Johnson and thanked Mr. Boggerty for providing the information on
the video. Ms. Arndt stated that she saw the video and appreciated the additional context of how
the situation was handled and the video that was played was only a minute and a half of a 55-
minute video.
Lachelle Paul, 501 Silverside Road, Wilmington, expressed concerns about the police department
enforcing laws so that patrons of establishments like Irish Mikes know that certain behaviors will
not be tolerated. Ms. Paul expressed concerns with the video, where an individual struck another
individual and the police were present, but nothing was done. Ms. Paul stated that businesses
should not have to deal with the issues simply because they serve alcohol. Ms. Paul stated that the
businesses want people arrested if they are creating issues in front of the businesses.
Mr. Boggerty stated that he had the same question when he first watched the video as well. Mr.
Boggerty explained that when he took in all of the situational awareness, he found himself asking
what had to happen. Through the community policing model, they were told to go home so they
would not be embarrassed but ultimately someone was arrested.
Enrico Stratton, 66 Barrett Court, Felton, expressed concerns about blaming the community rather
than blaming the establishments that provide the alcohol and drugs in the community.
Responding to Mr. Carey, Ms. Howard stated that she felt like the police were annoyed by her
girls calling sometimes two times a week when most of the calls were to be proactive. Ms. Howard
stated that people were getting food, they were in the middle of the street, cars were parked on
Bradford Street, and they were in the bank parking lot drinking. Ms. Howard stated a lot of the
people who hang outside do not even come into her business.
Matthew Carey, Emergency Communications Manager, explained that the staff is not annoyed but
they must maintain a level of calm to make it through a twelve-hour shift. Mr. Carey stated that he
has a copy of the 17 times Ms. Howard’s establishment has called the police department for her
review. Mr. Carey stated that no one was disrespectful and complied with national standards.
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Mr. Carey stated that every Wednesday, Thursday, Friday, and Saturday night they review the
videos provided by Ms. Howard through EagleView, and they deploy officers as soon as possible.
Mr. Carey explained that as Mr. Boggerty stated, they cannot always rush in because they may be
outnumbered.
Mr. Sudler stated that council needs to make sure their constituents are heard, and that they should
not feel like they cannot come to council to express their concerns. Mr. Sudler explained that he
took Ms. Howard’s concerns as a complaint and maybe that was misinterpreted.
Discussion – Concerns with the displaced and tent village on College Road adjacent to the
Delaware State University facilities (Councilman Sudler)
Mr. Sudler briefed the committee on the concerns of Delaware State University alumni and
individuals in the district regarding the tent city on College Road. Mr. Sudler expressed concerns
about the individuals who may be registered sex offenders or violent, property owners receiving
citations from code enforcement for unlawful tent villages on their property, and the accountability
from the homeless individuals and city council.
Committee Action Not Required.
Mr. Eddie Kopp, Chief Code Enforcement Officer briefed the committee on the status of the
homeless encampments. Mr. Kopp stated that the problem is not with the property owners because
they are taking corrective actions, the problem is that they cannot keep up with the encampments.
Mr. Kopp stated that the encampments are well connected, and the problem is being moved from
one area to another. Mr. Kopp stated that code enforcement is working closely with the police
department and the community policing unit to bring resources to the people that they are
encountering, unfortunately, they often refuse the resources.
Responding to Mr. Anderson, Mr. Kopp stated that there are between 40 and 50 encampments
throughout the city.
Responding to Mr. Anderson, Mr. Kopp stated that the encampments averaged between 15 to 30
people.
Responding to Mr. Anderson, Mr. Kopp stated what has been most effective is having the property
owner make sure that the property is clear of brush and debris and is visible from the public right
of way.
Responding to Mr. Anderson, Mr. Kopp stated that drug paraphernalia is a major concern at most
encampments. Mr. Kopp stated that it is a safety concern for code enforcement, the police
department, and kids when the location is close to a neighborhood.
Responding to Mr. Anderson, Mr. Kopp stated that they are working with the property owners as
best as they can, but it has become an ongoing issue that causes them to move from one location
to another. Mr. Kopp emphasized that it is not just one property that is the issue.
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Responding to Mr. Anderson, Mr. Kopp stated that he believes what Georgetown is doing is
helping, however, he does think that there are substance abuse treatment requirements for the
program. Mr. Kopp stated that they are taking resources out to the encampments, and they are
being turned away.
Alonzo Hall, 320 Raymond Street, Dover, expressed his concerns with people saying that the
unhoused do not want help. Mr. Hall spoke from previous experiences about the conditions in the
shelters and how the volunteers speak to people. Mr. Hall also explained that they do want help
and they need help.
Tracy Palmer, 301 Cassidy Drive Suite B, Dover, explained that Tracy Palmer Ministries is in the
community helping to feed, provide showers, and anything else that is needed by the community.
Ms. Palmer expressed dissatisfaction with council following through on what has been proposed
at council meetings. Ms. Palmer explained that the community needs help, people are begging for
food, loitering on properties, and defecating on properties. She continued to explain that Tracy
Palmer Ministries wants to help the community, the homeless, and the children who run away, but
they cannot do it by themselves. Ms. Palmer asked the council to afford Tracy Palmer Ministries
a building, land, or both.
Alex Cropper, 217 N.E. Front Street, Milford, explained that the people in the community need
help. Mr. Cropper stated that when he worked at Dover Interfaith, he saw many of the things that
Mr. Hall described. Mr. Cropper explained that the people need thorough assessments done and
follow-up case management. Mr. Cropper stated that he attended a city homeless expo that was
held one weekend and consisted of a comedy show, basketball tournament, concerts with local
artists, and on Sunday they had breakfast, and a prayer service to raise funding to aid the homeless.
Mr. Cropper offered his services to organize an event like this in the city and as a counselor to
Tracy Palmer Ministries.
Lachelle Paul, 501 Silverside Road, Wilmington, expressed her concerns about homelessness in
the community. Ms. Paul explained that her organization may have contributed to tents at the
encampments because they collected tents to provide individuals with some type of shelter.
Ms. Paul suggested finding a safe place to house the tents within the city that does not interfere
with property owners. Ms. Paul stated that many of the resources that are available to the homeless
do not have anything left to give. Ms. Paul explained that Tracy Palmer Ministries has a great
proposal if the council could review it and help her with her vision.
Bonnie Pennington, 200 N. Kirkwood Street, Dover, expressed her concerns about the lack of help
from the state. Ms. Pennington stated that two people passed away because of the below-freezing
temperatures. Ms. Pennington explained that everyone makes mistakes, and that homeless people
need a second chance because they deserve it.
Teresa Campbell, 28 Holden Court, Clayton, expressed her concerns as the Director of the Center
for Neighbors in Need. Ms. Campbell stated that the city does not have a homeless situation, it has
a mental health situation. Ms. Campbell stated that there are no mental health facilities in Dover,
and shelters like hers are lining people up on tables at night.
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Enrico Stratton-Bey, 66 Barrett Court, Felton, expressed the need for council to be out in the
community physically helping the organizations like Tracy Palmer Ministries, and Code Purple to
fully understand the need of the community.
Ashley Robinson, 119 Albert Place, Felton, explained as the owner of The Wedding Boutique on
Loockerman Street, she can attest to homelessness being a major concern. Ms. Robinson suggested
that there be a committee that gathers all of the city’s resources together to evaluate how many
programs there are and where the money needs to go. Ms. Robinson stated that if she knew where
to direct people instead of having to call the police, she would like to be able to do that. Ms.
Robinson suggested that once all the programs and shelter information is gathered, it would be
helpful if a newsletter could be sent out sharing the information of where to direct the people.
Josette Cooper, 580 N. Dupont Highway, Dover, stated that she is actively involved in feeding the
homeless on holidays and that she always obtains food from Tracy Palmer Ministries. Ms. Cooper
stated that Tracy Palmer is always helping the community, the homeless community, and the
families and children of the community. Ms. Cooper stated that Tracy Palmer is always available,
and she would like the city to say yes to her proposal.
Francis Perry Hawkins, 7012 Coffee Circle, Dover, stated that as a retired veteran who has
experienced homelessness and volunteered with Code Purple and Tracy Palmer Ministries, many
of the homeless that she has seen in the community are veterans. Ms. Hawkins asked that council
consider Tracy Palmer’s proposal because many of the people are homeless or veterans who have
served the country for years.
Albert Roach, 301 Cassidy Drive, Dover, expressed appreciation for Tracy Palmer and all that she
does for the community through Tracy Palmer Ministries.
Ennio Zaragoza, 123 E. Division Street, Dover, expressed support for Tracy Palmer’s proposal
and all of the work that she does in the community.
Reverend Rita Mishoe Paige, 355 Rita Wilma Road, Dover, suggested that a planning committee
be developed to come up with financial initiatives to finance buildings such as the one Tracy
Palmer has proposed. Reverend Paige stated that the committee needs to have conversations with
the Delaware State Housing Authority about providing funding through the housing council, and
offering private developer tax credits so that they may build affordable housing for the homeless.
Reverend Paige also suggested that the housing be scattered because there can be a negative
connotation behind housing them in one location. Reverend Paige explained that the homeless
need help, they need finances and training. Reverend Paige commended Tracy Palmer Ministries
for all of the work that they do in the community. Reverend Paige stated that the city does own old
buildings that could be rehabbed to house the homeless but that there needs to be job training,
mental health issues need to be addressed, and counseling needs to be offered to address all of the
things that go along with being homeless. Revered Paige stated that she and her daughter recently
hosted a dinner for the homeless at the Delvets and out of 75 people approximately six of them
were veterans. Reverend Paige stated that anyone could become homeless, and they deserve
compassion.
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Responding to Mr. Sudler, Reverend Paige stated that when she worked as the Community
Development Block Grant Administrator in Milford, she ran into people living in chicken coops
because they were afraid of moving into a new environment. Reverend Paige stated that most
people want help if they can get help.
Angela Williams, 723 S. Wynn Wood Circle, Camden, expressed support for Tracy Palmer
Ministries. Ms. Williams also expressed the need for a committee to organize the resources
available to assist the homeless.
Mr. Boggerty stated that he understands the urgency of homelessness in the community as a
veteran himself and as someone who has experienced homelessness in his life as well.
Mr. Boggerty asked the Mayor and Council President to work with Ms. Palmer because she has
proven to be effective in all things that she does with the community.
Mr. Rocha stated that council should look at taking Reverend Paige’s recommendation to form a
working group or committee formally. Mr. Rocha stated that in conjunction with the working
group, there is a need to create a plan to put together a healthy and conducive place for them to
stay in the meantime. Mr. Rocha explained that the working group will bring everyone together,
but they cannot lobby for their own organization.
Mr. Rocha moved to recommend putting together a working group to tackle the immediate
needs of those in tents right now, whether they need heat or porta-potties to get them to a
level where they do not freeze to death, and then have reports brought back to council. The
motion was seconded by Mr. Hare and unanimously carried.
Responding to Ms. Smack, Mr. Rocha stated that they would go through the mayor’s office and
would be brought back in 30 days. Mr. Rocha explained that he would like it brought back at the
second meeting in February, however, that does not mean that the group will not be working.
Responding to Ms. Palmer, Mr. Rocha stated that she should bring her plan, but they are going to
work together, shuffle through all the papers, and address the immediate needs first.
Responding to Ms. Palmer, Mr. Rocha stated that he is unsure why the Dover Housing Authority
and Delaware State Housing Authority have not stepped in.
Mayor Christiansen stated that the committees that they created before have disappeared because
there was continual fighting. Mayor Christiansen explained that one of the successful committees
was the Mayor’s Challenge to End Veterans Homelessness, which housed over 2,000 homeless
veterans. Mayor Christiansen explained that he would bring everyone to the table, they will elect
their leadership, he will make sure that they do not fight, and that they come up with something
productive to bring back to council in either a written or verbal report.
Mr. Neil recommended using the city website to communicate when the committee is meeting,
where they will meet, and what they will be covering.
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Mayor Christiansen stated that as soon as he hears from people who want to serve on the
committee, they will have a meeting in the next 10 to 15 days.
Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee
meeting, hearing no objection the meeting adjourned at 8:49 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Lewis and unanimously
carried.
Tidewater Utilities – Agreement for Water Sales/Purchase (Jason Lyon, Water/Wastewater
Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis of the
Tidewater Utilities agreement.
Staff recommended allowing staff to enter into an agreement with Tidewater Utilities with the
specified water rates.
Mr. Hare moved to recommend acceptance of the staff recommendation. The motion was
seconded by Mr. Lewis and unanimously carried.
Tree Trimming Bid Award – Sole Source Vendor (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis of the tree trimming
bid award.
Staff recommended awarding a two (2) year (2024, 2025) tree trimming contract to Asplundh Tree
Experts with a City option to extend it an additional three (3) years (2026, 2027, 2028), five (5)
years total. The contract work will be adjusted to stay within the budget each year.
Mr. Waddell noted that the sole source vendor was a typo, and the contract was opened up to the
RFP process. Two responses were received, and Asplundh was the only one to provide a complete
response.
Mr. Hare moved to recommend acceptance of the staff recommendation. The motion was
seconded by Ms. Arndt and unanimously carried.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection
the meeting adjourned at 8:52 p.m.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Shevock and unanimously
carried.
Proposed Ordinance #2024-02 – Amending Chapter 106 – Traffic and Vehicles, Sec. 106-136
On-Street disabled parking (Councilman Neil and Councilwoman Arndt)
Mr. Neil reviewed the background behind Proposed Ordinance #2024-02.
Staff recommended approving Ordinance #2024-02.
Mr. Neil stated that he was approached by a constituent who saw a problem in their neighborhood,
where there were two handicapped spaces across from the driveway of the home of the person who
requested them, which caused other neighbors to park farther and farther away, and the two parking
spaces were not being used. Mr. Neil explained that the constituent provided documents from other
government entities showing their process, because of this it was asked if a person had a driveway,
do they need to have parking spots on the public road. Mr. Neil stated that the ordinance was
prepared and improved in the sense that it now says the parking spot will be based on a DMV-
issued parking permit. Mr. Neil explained that there was a list of 172 places that have handicapped
parking, in addition to that, 62 are in residential areas, and approximately four addresses in the city
have at least two parking spots listed at the specific address. Mr. Neil stated that the proposed
ordinance does not take parking away from anyone who needs it, however, it does say that if they
have two parking spots and a driveway, then they can only have one parking spot on the street. If
they need two parking spots and do not have a driveway then they will need two permits from the
DMV to use them. Mr. Neil explained that the proposed ordinance will be fair to people with
disabilities and to the people in the neighborhood who have had their parking displaced from near
their homes because someone is taking up two spots.
Responding to Mr. Anderson, Mr. Neil stated that if they prove that they have two valid permits
from the DMV showing that there will be two vehicles going in and out, then they will be able to
have their driveway plus one parking spot on the road.
Responding to Mr. Anderson, Mr. Neil stated that they would have to go through a review process
with evidence from the City of Dover Public Works Department.
Responding to Mr. Lewis, Mr. Neil stated that the clerk’s office had to go through the ADA for
approval to make it on the agenda.
Responding to Mr. Lewis, Mr. Neil stated that if they had three permits from the DMV, they could
have two spots.
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Responding to Mr. Lewis, Mr. Neil stated that typically there is one foot of length for each one
inch of height, and it would be impossible to have a house flat and a driveway going up, but if it
comes up then they would have to request a review.
Mr. Hugg stated that the proposed ordinance does not address whether existing permits are
grandfathered in, and that the city has an ADA Coordinator in Water/Wastewater and Engineering
Services for construction projects, but that they are not involved in approving individual requests.
Mr. Hugg stated that several driveways in the city do not meet the ADA standards because they
are sloped, rounded, or have a higher curb than necessary, and for that reason, he would like to
have more time to re-examine some of the sites. Mr. Hugg stated that to the best of his knowledge,
a handicapped parking space is not designated to any particular individual, they may request it,
and it may be put in front of their house but anyone with a placard can park there.
Responding to Mr. Sudler, Mr. Neil stated that the community has an HOA, but that it is not a
private community.
Mr. Neil moved to recommend deferring Proposed Ordinance #2024-02. The motion was
seconded by Mr. Lewis and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 9:11 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing
no objection the meeting adjourned at 9:11 p.m.
William F. Hare
Council President