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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on January 9, 2018 at 6:04 p.m., with Council President
Slavin presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce, and Mr. Lindell. Mr. Hare and Mayor Christiansen were absent. Civilian
members present for their Committee meetings were Mr. Caldwell and Dr. Warfield (Parks,
Recreation, and Community Enhancement), and Mr. Shevock and Dr. Stewart (Legislative, Finance,
and Administration). Mrs. Doyle (Utility) was absent.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Sudler
presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
Potential Land Acquisition - 104 Washington Street and 149 Hazel Road (233 Walker Road was
determined to be the incorrect address)
Members were provided correspondence from the Kent County Conservancy dated May 23, 2017
addressed to Mayor Christiansen and Council President Slavin, and October 25, 2017 addressed to
Mr. Neil, as well as a map depicting the properties of Thomas C. Jackson and Charles Terry Jackson,
located at 104 Washington Street and 149 Hazel Road (Attachment #1).
Mrs. Donna Mitchell, City Manager, advised members that this item was brought forward based on
the correspondence received by Mr. Neil. She noted that the correspondence did not include the
property address and, since the property owner owns more than one property, she thought that the
request was for 233 Walker Road; however, this was the incorrect address. Mrs. Mitchell explained
that there are two (2) parcels and the correct addresses are 104 Washington Street and 149 Hazel
Road. She stated that it was her understanding that the owner wants to make sure that the City does
not have any interest in purchasing the property before for sale signs are put up.
Mr. Slavin asked if the constituent who brought this matter forward, Mr. Charles Salkin, had been
notified that this was being considered this evening. Responding, Mrs. Mitchell stated that she had
not notified him.
Mr. Slavin moved to postpone this item until Mr. Salkin receives notification. The motion was
seconded by Mr. Neil and unanimously carried.
Appendix B - Zoning, Article 10 - Planning Commission, Section 1 - Approval of Conditional
Uses, Subsection 1.43 - Revocation of Conditional Use Permit
Mr. Sudler informed members that he had requested this item to be placed on the agenda and asked
Mr. David Hugg, Director of Planning and Community Development, to discuss the language
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 2
regarding Revocation of Conditional Use Permit, in an effort to add additional language to address
a timeframe for revoked conditional use premises that were not in compliance.
Mr. Hugg provided members with an overview on conditional uses, explaining that the Planning
Commission has the authority to approve certain uses in their designated zone that, by nature of the
use of the activity, may have some conditions, activities, or associated features that require an
additional look. He stated that a good example might be a use that requires an unusual amount of
parking or that has some element of noise or other kind of operation, and the Planning Commission
can issue a conditional use. Mr. Hugg explained that the process starts with an application to the
Planning Department, which goes through a review, and gets scheduled before Planning
Commission, etc. He noted that the statute specifically states that, “In approving any such use, the
planning commission shall take into consideration the public health, safety and welfare, the comfort
and convenience of the public in general and of the residents of the immediate neighborhood in
particular, and may prescribe appropriate conditions and safeguards as may be required in order that
the results of its action may, to the maximum extent possible, further the expressed intent of this
ordinance....” Mr. Hugg advised that among the things that the Planning Commission must consider
are location, size, character of the activity, and its appropriateness or harmony with the development
zone that it is located in and whether or not it will create any detrimental activity. He stated that the
Planning Commission hears the conditional use application, and sometimes it is simply approved
and the conditional use is allowed to go forward. Mr. Hugg explained, however, that sometimes the
Planning Commission approves an application with a temporary time period, allowing the use to be
established and creating a track record and, typically within a year, they come back and
reconsider it.
Mr. Hugg stated that he believed that Mr. Sudler’s concerns were with the provisions in the
ordinance that allow the Planning Commission, at the request of the City Planner, to revoke or limit
a conditional use once it is granted. Mr. Hugg stated that, as it is currently written, the ordinance
is not particularly clear in terms of the grounds upon which the Planning Commission will revoke
or limit the application of the conditional use approval. He stated that it is kind of implied that the
conditions that they originally looked at to grant a conditional use would be the same conditions that
they would look at again: harmony, safety, etc.
Mr. Hugg stated that the specific use that Mr. Sudler was concerned about was interesting. He
advised that it never had a conditional use approval because it predated the zoning ordinance, so it
was always considered a non-conforming use. Mr. Hugg explained that, now that the use has
ceased, anybody wishing to undertake a conditional use activity on that property or any other would
have to reapply, start the process over and come to the Planning Commission.
Mr. Sudler stated that he was concerned about non-conforming use premises being revoked and
there not being language in the ordinance that states whether or not they can reapply or if there will
be any type of robust penalty where they can reapply or not reapply within a certain time period.
In response, Mr. Hugg explained that, technically, if a conditional use ceases, whether it is by
revocation or if the use simply goes out of business, it begins a clean slate process. He stated that
the original applicant or any other applicant can come forward, submit a new application to do that
conditional use or another conditional use, and go through the process.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 3
Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-8 - Disorderly Premises, (a)
Disturbing Activity
Mr. Sudler informed members that he had requested this item to be placed on the agenda because
he was concerned about the penalties and some of the ordinance language in regard to premises and
having them deemed as having disturbing activity.
Responding to Mr. Sudler, Mr. David Hugg, Director of Planning and Community Development,
stated that he was not really familiar with this ordinance, explaining that it specifically relates more
to matters that fall under the Police Department; however, it is among the considerations that the
Planning Commission could look at because of the language that deals with harmony with the
neighborhood, etc. He advised that a record of a property being a disorderly, nuisance, blighted, or
dangerous property under other ordinances would provide a basis for the Planning Commission to
say they have a concern about the continued conditional use.
Mr. Neil asked Mr. Sudler whether he was suggesting that there should it be a greater penalty or
something more specific and what his views were. In response, Mr. Sudler stated that he thought
that if there were revoked conditional use premises that were deemed to be disorderly, Article 10,
- Planning Commission, Section 1 - Approval of Conditional Uses, Subsection 1.43 - Revocation
of Conditional Use Permit and Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-8
- Disorderly Premises, (a) Disturbing Activity would coexist together to form a penalty or some
kind of additional language that is not currently present in the ordinance. He stated that this would
also affect the current permit or the future permit that they may be seeking for reopening, and it
would be a twofold type of existence. Mr. Sudler stated that this was his idea initially; however, he
wanted the Committee to hear the language and to also get a better understanding of what disorderly
premises are. He noted that this is one of the City’s newer ordinances that was implemented, and
indicated that he was interested in seeing how the City could beef up what currently exists and
consolidate the ordinances into one (1) tough ordinance on disorderly premises and premises that
have their permits revoked due to undesirable activity that jeopardizes the welfare of a community.
Mr. Hugg noted that his staff was doing a full review of a lot of the ordinance provisions, and if this
was a topic that the Committee or Council feels needs some refinement, he would not have a
problem reviewing the language discussed by the Committee at the staff level. He suggested that,
as a minimum change, they could include language to say that the same standards that are applied
when a conditional use is initially applied for would be used by the Planning Commission in
considering revocation, which would provide a little bit of guidance to the Planning Commission.
Mr. Anderson stated that he was glad that they were reviewing this relatively new ordinance,
explaining that he thought that this was something that should be done more often, to determine if
anything needs tweaking. He advised that, from what he had observed, he thought that this
ordinance seemed to be working. Mr. Anderson stated that he would like to know whether there had
been much enforcement of this ordinance and suggested that the Police Chief be asked to provide
some information in this regard. He indicated that, after the ordinance was adopted, he noticed that
a couple of problem areas seemed to have cleaned up a bit just under the threat of it, so he thought
that it had done some good in that respect.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 4
Mr. Neil stated that he did not have a problem with strengthening the ordinance and the City’s
ability to keep their neighborhoods safe; however, he thought that members needed to be cautious
in terms of the legalities.
Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting. The motion was seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 6:21 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
Americans with Disabilities Act (ADA) Transition Plan: Pedestrian Facilities in the Public
Right-of-Way
Mrs. Donna Mitchell, City Manager, advised members that staff was under the impression that this
item needed a resolution; however, had since found that it only needs approval of the plan. She
reminded members that on October 10, 2017, City staff presented an introduction to the proposed
Americans with Disabilities Act (ADA) Transition Plan: Pedestrian Facilities in the Public
Right-of-Way. The presentation stated that the City would solicit public comment for at least
thirty (30) days on the proposed Transition Plan. Mrs. Mitchell advised that, in order to solicit
public feedback on the plan, staff placed an article in the Dover Post on October 25, 2017, and
advertised the plan and requested feedback on the City’s website.
Mrs. Mitchell advised that staff only received one (1) inquiry about the plan. The question was from
a WBOC reporter and was submitted over the phone, not through the public feedback form provided
by staff. The reporter wanted to know what will be the biggest challenge of addressing ADA
requirements. City staff returned the call, but was unable to leave a voicemail, as the mailbox was
full. The biggest challenge is meeting ADA requirements when the sidewalk is brick material.
Members were advised that the proposed transition plan meets the regulations outlined by the
Federal Government. Mrs. Mitchell stated that since staff did not receive any comments that would
require alterations to the plan, it remained consistent with the version submitted for review on
October 10, 2017.
Staff recommended approval of the plan.
Mr. Sudler moved to recommend acceptance of staff’s recommendation. The motion was
seconded by Mr. Neil and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 5
Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded
by Mr. Lindell and unanimously carried.
Meeting adjourned at 6:24 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council President Slavin
presiding in the absence of Chairman Hare.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Dissolution of Bonus Committee, Policy and Programs
Mrs. Donna Mitchell, City Manager, advised members that staff had decided to refresh the current
employee awards and bonus program. She noted that during their meeting of February 2, 2004,
members of the Legislative, Finance, and Administration Committee reviewed recommendations
for the Bonus Policy. As a result, staff implemented changes to the policy and presented them to
members for their review and recommendation. On February 23, 2004, the Legislative, Finance, and
Administration Committee recommended approval of the Bonus Policy as presented, and the bonus
programs were approved by City Council on March 8, 2004. Mrs. Mitchell explained that since the
first program was approved by Council, staff was asking for the dissolution of that program. She
noted that there are a couple of people who are still outstanding in some areas of the prior program;
therefore, staff is recommending discontinuing the program as of July 1, 2018. Mrs. Mitchell
advised that staff would be implementing the STAR Award program and was not asking for
approval of that program.
Members were advised that the bonus programs include Doing Useful Community Service,
BREATHE Program, Caught Doing it Right, and STOP Program. Since inception, the BREATHE
program and STOP program have been the most popular. One (1) employee is currently in the
BREATHE program and four (4) in the STOP Program.
The Human Resources Department has begun to refresh the employee recognition activities, the first
being a STAR Award. This is similar to an employee of the month award. This will be
implemented in January 2018. Additional programs/activities will be rolled out throughout the year.
Staff recommended the dissolution of the Bonus Committee and termination of the bonus policy and
programs, in favor of the STAR Employee Award, Employee of the Month Program. The
BREATHE program and STOP program will be closed to new participants effective immediately
and discontinued on July 1, 2018.
Responding to Mr. Anderson, Mrs. Mitchell stated that this was separate from the health insurance
program.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 6
In response to Mr. Lewis, Mrs. Mitchell advised that staff anticipated that the new program would
cost approximately $100 per month, which would come out of the Human Resources Department
budget.
Mr. Neil moved to recommend dissolution of the Bonus Committee and termination of the
bonus policy and programs, in favor of the STAR Employee Award, Employee of the Month
Program. The BREATHE program and STOP program will be closed to new participants
effective immediately and discontinued on July 1, 2018. The motion was seconded by
Mr. Anderson and unanimously carried.
Disposition of Excess Property - 311 North Governors Avenue
Members were advised that the City of Dover acquired 311 North Governors Avenue at a monitions
sale due to liens and demolition expenses. The City has no use for this excess property and is better
served by having it redeveloped and restored as a taxable property. The City and the National
Council on Agricultural Life and Labor Research, Inc. (NCALL) negotiated a sales price of $20,000.
The City has outstanding taxes and fees of $22,962.64, the balance of which will be written off after
applying the sales proceeds.
Section 2-422 of the Dover Code provides procedures for the sale and disposition of real property.
The procedure includes a "Standard Method of Disposition" which begins at the Legislative,
Finance, and Administration Committee. In support of the City Council’s goal to increase home
ownership, and our partnerships with NCALL and Habitat for Humanity, the City Management
concurs that this sale is in the best interest of the City. There will also one less vacant property for
our public works crews to maintain. After a favorable recommendation by Committee, City Council
can declare the property as excess or surplus property and, subsequently authorize the sale of said
property.
Staff recommended the following: 1) declare that the property is excess property; and 2) authorize
the City Manager to sell the excess property to NCALL Research, Inc. for $20,000 (before closing
cost) in conjunction with the Restore Central Dover home ownership program.
Mrs. Donna Mitchell, City Manager, advised members that 311 North Governors Avenue was one
of the excess properties that the City acquired through monitions, and staff listed the excess
properties with R & R Realty based on an action form that was taken to Council on March 13, 2017,
at which time they approved R & R Realty and Cushman & Wakefield for the Garrison Tract. She
explained that, because the action form said various City properties, she was under the impression
that it included all properties; however, after reviewing the Council minutes, Council President
Slavin had clarified that it did not include residential properties. Mrs. Mitchell advised members
that, due to her misunderstanding, staff had listed all of the residential properties with R & R. She
stated that the contract expires in February of 2018.
Mrs. Mitchell stated that NCALL had asked for this property and gone through the real estate
broker. She advised that she was already in the process of selling this property and had signed a
contract with NCALL. Mrs. Mitchell explained that she wanted to bring this property forward as
an exception, and then wait for the contract with R & R to expire and post the other residential
properties according to the ordinance for disposal of excess property. Mrs. Mitchell advised that
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 7
Council needs to declare this property as excess and will have to do the same thing with all those
other properties as well, explaining that staff will need to bring them back to Council after they
advertise them.
Mr. Anderson stated that he was definitely in favor of this particular action; however, he thought that
it illustrated why the City should look at a land bank possibility as well.
Mr. Anderson moved to recommend acceptance of staff’s recommendation to: 1) declare that
the property located at 311 North Governors Avenue is excess property; and 2) authorize the
City Manager to sell the excess property to NCALL Research, Inc. for $20,000 (before closing
cost) in conjunction with the Restore Central Dover home ownership program. The motion
was seconded by Mr. Lindell and unanimously carried.
Procedure/Policy for Council Community Enhancement Fund Expenditures
During their Regular Meeting of November 27, 2017, members of Council approved the
Committee's recommendation to authorize Mr. Lindell to prepare a first draft of the Committee's
ideas for approval during a future meeting of the Committee.
Mr. Lindell reviewed the City of Dover City Council Discretionary Funding Policy, noting that it
was based on the Committee’s November discussion. He thanked Mrs. Traci McDowell, City Clerk,
for providing research and information, as well as Mr. Polce for his peer review of the Policy
presented to the Committee. Mr. Lindell stated that he used various sources. He noted that the City
of New York has an excellent policy; however, it is very detailed and members would have been
buried in paperwork if they used that method. Mr. Lindell explained that he tried to incorporate the
best parts of different sources into the Policy. He stated that he included Mr. Neil’s sentiments
regarding taxpayer dollars responsibility in the Preface.
Mr. Slavin reminded members that this fund was created to answer some of the frustrations that
many of the constituents had voiced that the City budget process had very little flexibility to address
in-district needs inside the fiscal years. Mr. Slavin stated that, for example, members had speed
enforcement issues that needed a speed detection sign; however, they had no way to reprogram the
money to get a speed detection sign, park benches, or things like that. He explained that they made
it a zero net sum, where the amount that is appropriated into this fund was taken out of other areas,
not in addition to. Mr. Slavin advised that this allowed each of the districts to have some money to
address some of the smaller issues, noting that small issues are big and important issues.
Mr. Slavin suggested amending Section 1A, stating that rather than citing the specific amount of
$25,000, which is appropriated in the current fiscal year, they should strike any reference to the
number and say “the amount appropriated for that fiscal year.” He explained that this would mean
that the number would be determined during the appropriation process and the Policy would not
have to be changed if the number changed. Mr. Lindell stated that he did not have a problem with
this amendment.
Mr. Sudler asked if he was correct in his understanding that, in regard to organizations and boards,
as long as it does not benefit the individual or a relative of the individual, it would be permissible.
Responding, Mr. Lindell stated yes, noting, for example, that sometimes Council members have put
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 8
money into schools, and if you have someone that may teach in that building, or something like that,
as long as it is not going directly into their pocket and it is helping the school, it is a way to prevent
punishing an organization. He explained that it would be, for example, like if any members of
Council had relatives that were on the YMCA board or any type of other board. Mr. Lindell stated
that it is just a protection, it is not necessarily going right to that person, but it is helping, it is a loose
affiliation. Mr. Sudler stated that he wanted some clarity, explaining his concern that his church has
a soup kitchen in his district that benefits the homeless, and he does not want this to be perceived
as a conflict of interest just because he attends that church.
Mr. Sudler suggested that members get the Solicitor to do a legal statement, not just a legal opinion,
indicating how the City views conflict of interest or perceived conflict of interest, just for the record.
Mr. Anderson stated that he had two (2) concerns, and his technical concern regarding the
appropriation had already been addressed. He advised that his second concern had to do with
Section 1A, Subsection b, which states that “With the exception of the At-Large council member,
each council person shall spend at least 50% of their allocation within their council districts.”
Mr. Anderson stated that he would like to see if they could amend that wording to say “benefitting
their council district.” He explained that he is afraid that they could end up making something that
was intended to be simple, quick, low dollar amount become a bureaucratic nightmare, by requiring
organizations to determine exactly who's benefitting and do extra paperwork for just a few hundred
dollars. He stated that is when it would be manifestly so that people in the district are benefitting.
Mr. Anderson noted, for example, that the Sankofa lost a lot of funding because of the State
grant-in-aid budget situation, and several children were actually without money to continue in the
program. He stated that, in this case, the organization’s headquarters happens to be in the district,
and most of the students who benefitted were also in the district. However, Mr. Anderson explained
that, with this provision, it could require them to then go back through and present documentation
over who it is, where the addresses are, etc., which is his concern.
Mr. Anderson also noted that sometimes things are not quite neat in district lines. He stated that
Dog Pound Boxing, for instance, is based on Senate Drive and was something that was put together
with the Dover Housing Authority to benefit the youth there. Mr. Anderson indicated that when
they wanted to bring a fairly important amateur sporting event to Dover, they needed some
additional funding, so they partnered with the YMCA, and that money went to the YMCA. He noted
that this benefitted Dover in many ways, specifically economically. Mr. Anderson explained that,
technically, the YMCA is about 700 feet from the district line; however, almost all of the people
benefitting from it were in the district, because the organization that was co-sponsoring was in the
district. He stated that the YMCA approached him because they wanted to find ways to help
diversify and bring more minorities in, and that partnership was one that worked.
Mr. Anderson explained that if they put “benefits”, it would make it a very easy determination;
however; if they put “within” the district, that particular expenditure could be debatable because
technically the YMCA is not in the district; however, there is not such a facility within the district
that could accommodate the activity which benefitted the kids in the district. He stated that he
would like to see a change in the wording that would keep the intent but would not make it a
potential bureaucratic nightmare.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 9
Mr. Cole suggested that each councilperson shall make a good faith effort to spend at least, or
benefit at least 50% of their allocation within their council district. He noted that the City Clerk’s
Office would have oversight.
Mr. Slavin stated that Mr. Lindell had a sense of what Mr. Anderson was saying and could
incorporate it into any amendments that would go forward to Council regarding this matter.
Responding, Mr. Lindell noted that he had wanted to include something regarding what he heard
from the happy medium with the 50%, and he had no issue with looking at that and seeing what the
consensus is of the Council going forward.
Mr. Lewis asked if the funds are reallocated into next year’s budget if a Council member does not
use them. Responding, Mrs. Donna Mitchell, City Manager, stated that they are annual
appropriations and they expire at the end of the year.
Colonel Thomas Dix, 664 Independence Boulevard, stated that last April former Councilman Hosfelt
had told him that he gave $2,500 toward park benches in Continental Park. Colonel Dix asked if
he was ever going to get the benches and where that money went. In response, Mrs. Mitchell
advised that the money that Mr. Hosfelt earmarked for the park benches went to the Parkland
Reserve until staff got the benches. She stated that the benches had come in; however, the Grounds
Division wants to lay cement to set the benches on, to prevent ruts, and they have to wait for the
weather to dry up in order to lay the cement. Colonel Dix noted that Mrs. Mitchell had told him
that; however, he was more concerned about where the funding was.
Colonel Dix stated that he had also heard that former Councilman Hutchison had designated $1,000
for Continental Park and Colonel Dix was wondering where that money went, because he is trying
to work another project in Continental Park regarding trees. Responding, Mrs. Mitchell stated that
both allotments were specifically for benches in Continental Park and went to the Parkland Reserve.
She explained that there would be two (2) benches going in at Continental Park.
Responding to Mr. Sudler, Mrs. Mitchell confirmed that any money left over from the purchase of
the two (2) benches would remain in the Parkland Reserve.
Mr. Lindell noted that he believed that the Policy would alleviate some of Colonel Dix’ concerns
with any future projects, indicating that the monthly report would be included in the Council packets
on a regular basis, so everyone could see where the funds are specifically being allocated and what
is going on with the funding.
Mr. Sudler moved to recommend approval of the draft Procedure/Policy for Council Community
Enhancement Fund Expenditures, as amended to reflect the tenor of the Committee’s conversation,
seconded by Mr. Polce.
Mr. Lindell asked if Mr. Anderson would talk to him after the meeting to work on some of the
wording.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 10
The motion to recommend approval of the draft Policy for Council Community Enhancement
Fund Expenditures, as amended to reflect the tenor of the Committee’s conversation
(Attachment #2) was unanimously carried.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee
meeting. The motion was seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 6:50 p.m.
By unanimous consent, the Council Committee of the Whole meeting adjourned at 6:50 p.m.
Timothy A. Slavin
Council President
TAS/TM/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2018\01-09-2018 CCW Minutes.wpd
Attachments
Attachment #1 - Correspondence from the Kent County Conservancy dated May 23, 2017 addressed to
Mayor Christiansen and Council President Slavin, and October 25, 2017 addressed to Mr. Neil, as well
as a map depicting the properties of Thomas C. Jackson and Charles Terry Jackson, located at
104 Washington Street and 149 Hazel Road
Attachment #2 - Draft Policy for Council Community Enhancement Fund Expenditures, as amended to reflect the tenor
of the Committee's conversation
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ATTACHMENT #1
Council Committee of the Whole Meeting of 01/09/2018
NOTICE
January 9, 2018
Council Committee of the Whole/
Parks, Recreation, and Community Enhancement
Committee Meeting
Attached please find a map and correspondence related
to PR&CE agenda item 1 - Potential Land Acquisition.
- City Clerk’s Office
Paj 12
KENT COUNTY
CONSERV ANCY
"Preserving our past, protecting our future.,,
426 S. State St.
Dover, Delaware 19901
302-678-1175
May 23 , 2017
Mr. Robin R. Christiansen, Mayor
Mr. Timothy A. Slavin, President of Council
City of Dover
15 Loockerrnan Plaza
OFFICERS AND
BOARD OF
Dover, Delaware 19901 ·f/M
DIRECTORS Dear Mayor Christiansen and P~lavin:
Gerald I. H. Street
President
The Board of Directors of the Kent County Conservancy encourages the City of
Dover to acquire two small parcels of land adjacent to Silver Lake Park. Both are owned
Michael]. Petit de Mange by the Jackson family: 0.77 acres at the east end of Washington Street and the adjacent
·vice-President wetland portion of 149 Hazel Road. These lots will soon be advertised for sale.
Rachael Phi/los
Secretary These small parcels are very important to the integrity of the park. The
Washington Street parcel is heavily wooded and buffers that recreation area from nearby
To191 DePrima residential development. While the wetland parcel is nominally protected by regulation,
Treasurer its continued responsible management is not guaranteed by a future owner.
Jack Foley
The Jacksons have been excellent stewards of these land for decades and would
Lyle Jones like to see them come under public ownership and protection. The Conservancy and the
Jacksons have had an introductory meeting with David Hugg to talk about how this might
lv.lichael Merm·
be accomplished.
TimotlJ)' 0 'C~1111or
The assessed valuation of the Washington Street lot is $66,000; the wetlands, of
Cha11es A. S a/ki11 course, would have a much lower value. Neither parcel has had a formal appraisal.
Regardless of a final appraised value, it is very likely that one-half of the cost could be
David Vaughan
reimbursed by DNREC ' s Land and Water Conservation Trust Fund.
We suggest that you continue discussions with the Jacksons as soon as possible
before the two parcels are publicly listed.
It is also imperative that the City submit a Pre-Application to DNREC by the May
26, 2017, deadline. It is a simple submission and does not commit the City to follow up
with a formal application. However, if this deadline is not met, the City would not be
able to formally apply for funds when applications are accepted in the fall.
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Page Two
Mr. Robin R. Christiansen, Mayor
Mr. Timothy A. Slavin, President of Council
May 23 , 2017
Please let us know what we can do to advance the preservation of these two small but
very ecologically-significant and strategic parcels.
Sincerely,
~Jd__ ) ~
Gerald I. Street Charles A. Salkin
President Chair, Land Protection Committee
Cc: David S. Hugg, III
Jackson Family
Dean Holden, Silver Lake Commission
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KENT COUNTY
OCT 2 6 2017
CONSERV ANCY
"Preserving our past, protecting our future." OFFICE OF THE CITY CLERK
426 S. State St.
Dover, Delaware 19901
302-678-1175
October 25, 2017
Mr. Fred A Neil
Councilman - 3rd District
Dover City Council
P. 0. Box 475
OFFICERS AND
Dover, Delaware 19903
BOARD OF
DIRECTORS Dear Councilman Neil:
Gerald I. H. Street
Thanks so much for meeting with Chazz last week at Silver Lake Park. The Kent County
President
Conservancy encourages the City of Dover to reconsider the acquisition of two small
Michael ]. Petit de Mange parcels at the west side of the Park owned by the Jackson family.
Vice-President
Since this potential acquisition was reviewed by Council in executive session, the
Rachael Phi/los
Sem:ta1y Jacksons have offered a revised "deal" that is, we believe, a game-changer. They are
willing to consider selling the two parcels at one-half of their fair-market value. With
To1ry DePrima matching funds from DNREC's Land and Water Conservation Trust Fund, the land could
Treasurer be secured and protected. The City's only cost would be relatively small expenditures for
appraisal, survey and settlement.
Jack Folry
Lyle Jones Regardless of cost, this valuable habitat and landscape needs to be protected. Most
visitors to the Park assume that the woods and wetlands on the Jackson parcels are
Michael Mercer
already public land. It is hard to imagine how the character of this recreation area would
Timothy 0 'Co1111or change if these tracts were developed or otherwise altered.
Charles A S alki11 We encourage the City to work with our Conservancy and the Jacksons to make their
very generous offer a reality. We are pleased to have your support for moving this
David Vaughan
important opportunity forward .
)f}l.C~r.Jly, r
~ rvC v( /f' ~Li_(,{ /lt!Ot1~
Gerald I Street Charles A. Salkin
President Chair, Land Protection Committee
Cc: Councilman Scott W. Cole
Mayor Robin Christiansen
Michael Petit de Mange, KCC Vice-President
Paj 15
ED05-068.17-03-15.00 104 Washington Dr
ED05-068.17-03-28.00 149 Hazel Rd
Jackson,Thomas C & Jackson,Charles Terry
104 Washington St
149 Hazel Rd.
Sources: Esri, HERE, DeLorme, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster
NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong
Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors,
and the GIS User Community, Source: Esri, DigitalGlobe,
GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,
USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and
±
the GIS User Community
Paj 16
ATTACHMENT #2
Council Committee of the Whole Meeting of 01/09/2018
City of Dover City Council Discretionary Funding Policy
Preface
In order to better serve the needs of their constituents, the Dover City Council established a
line‐item in the annual budget entitled “Discretionary Funding.” These funds are to be used by
each councilperson to enhance and provide support to community needs within each council
district. As with all taxpayer funds, the public expects and deserves to know that discretionary
funding is being used prudently to support organizations with the capacity and integrity to
provide quality services free from conflict of interest for the citizens of Dover.
Section 1‐ Expenditures for community project purposes authorized; limitation on amount;
defined
1A. Provided members of council approve the Discretionary line‐item in the annual budget, the
City Council is authorized to expend city funds in an amount not to exceed $25,000 for
community purposes.
a. The $25,000 shall be divided among councilpersons in the following manner:
i. Each council member will be allotted $2,500 funds for their
districts and the At‐Large council member will be allotted $5,000.
b. Council members should make a good faith effort to use their allotted funding to
enhance their respective council districts.With the exception of the At‐Large council
member, each council person shall spend at least 50% of their allocation within their
council districts.
1B. Community project purposes, as used in this section, shall be construed to mean and
include the promoting of Dover or any advantage, facility, product, resource or attraction
thereof or therein or the contributing to any State, County, municipal, civic or community
project or the support and maintenance of any institution or organization having for its or their
intent and purpose the creation or enhancement of good will for or toward the City of Dover
and the citizens thereof, and all moneys expended or contributed, as aforesaid, are hereby
declared to be expended or contributed for community project purposes and for a proper City
purpose.
Section 2‐Process for Distribution of Funds; and Transparency
2A. The Councilperson making the request, will provide documentation (i.e. vendor invoice) to
reimburse the individual/organization making the purchase for which they are providing
assistance; or the City purchaser will purchase the item(s) on the City’s credit card if the
organization is a City sponsored organization.
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i. In the event that the individual/organization requesting funding from a
councilperson lacks the funding to make the initial purchase in order to seek
reimbursement under this process, the requesting organization/individual shall
submit a formal letter to the councilperson outlining the specific uses of the
funding being requested. This documentation shall be forwarded to the City
Clerk’s Office for review of any potential conflicts with current policy.
2B. The City Clerk’s Office will track account activity. It will be Council Members responsibility
to adhere to their allotment or work among themselves for the distribution of funds.
i. A monthly City Council’s Community Enhancement Fund Report shall be included
in the council packet to maintain transparency in the use of taxpayer funds.
Section 3‐Restrictions on the Use of Discretionary Funding
3A. All public funds, however awarded, must be used for a city purpose. In general, a City
purpose is defined as an activity or service that is open to all members of the public regardless
of race, creed, gender, religious affiliation, etc. without restriction, and which does not promote
a particular religion.
3B. Programs and services provided by religious or religiously affiliated organizations must be
able to demonstrate that the program is open to non‐members, is not a religious program, and
it does not promote religion.
3C. Closed membership groups‐those to which membership is restricted or subject to
membership based on prohibited factors may generally not receive funding.
i. Groups that serve a particular population; for example, youth aged 12 to 16 in a
particular community are not considered a closed membership group, as long as
the program is open and accessible to all youth in the community.
3D. For profit entities may not receive discretionary funds except when the primary non‐profit
contractor subcontracts with a for profit entity as part of the delivery of services. Such
subcontracts; however, must only be an ancillary part of the program to be funded, not the
primary basis for the discretionary award, and must be approved by the contracting agency.
3E. Funds may only be allocated to a public purpose and may not support political activities
and private interests.
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Section 4‐Conflicts of Interest
4A. To prevent the abuse or misuse of the Council’s discretionary funding authority, the
following guidelines shall govern conflicts of interest between councilpersons, family,
associates, and organizations receiving discretionary funding:
i. Council members are prohibited from sponsoring discretionary funding for an
organization at which the Member serves as an employee, officer, or board
member.
ii. Councilpersons may sponsor funding for an organization where an “associated”
person, (a family member or other person with whom the councilperson has a
financial or business relationship) is an officer or employee so long as the
associated person will not benefit, or appear to benefit, from the funding.
iii. Councilpersons are required to disclose on the record any potential or perceived
conflicts of interests in regard to awarding discretionary funds. The City Solicitor
shall review to determine if such a conflict exists prior to funds being expended.
iv. Failure to report conflicts of interest or any misuse of a councilpersons
discretionary funding are subject to the provisions of the City’s Code of Ethics
established by Council.