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Paj 1
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held by video conference on October 26, 2020 at 7:30 p.m.
with Council President Hare presiding. Council members present via video or telephone were
Mr. Anderson (arrived at 7:32 p.m.), Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Rocha,
Mr. Taylor, and Mr. Lindell.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mrs. Mitchell, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present.
The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Rocha and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 12, 2020
The Minutes of the Regular Council Meeting of October 12, 2020 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Rocha and bore the written approval of Mayor
Christiansen.
PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND
GEOGRAPHY AWARENESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, fascination with the earth's geography inspired the early explorers of our country to
learn and record information about the surface of the land and its people, environments, resources,
political boundaries, and characteristics and today remains a fundamental part of our national
heritage; and
WHEREAS, geographic information has many useful applications for our municipal government
and is a valuable resource used in the analysis of infrastructure, emergency services, economic
development, and long-range planning. Geographic Information Systems (GIS) technology provides
an efficient means of managing geographic information and providing data that allows for effective
decision making and improved delivery of services to the residents of the City of Dover and our
surrounding area; and
WHEREAS, globally geographers have informed public policy, responded to Covid 19 developing
dashboards and databases, mapped and measured severe climate events to better grasp what is
happening, where and why; and
WHEREAS, the City of Dover's GIS Division plays a vital role in the continued growth of the City
and has been nationally recognized for its outstanding efforts in the advancement of GIS and its
foresight in creating programs that can be used to better manage services in the City.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 2
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim November 18, 2020 as GIS Day, and November 15 - 21, 2020
as GEOGRAPHY AWARENESS WEEK in the City of Dover and urge all residents to participate
in this special observance.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. Mark Nowak, City of Dover GIS Manager.
COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 13, 2020
The Council Committee of the Whole was held by video conference on
October 13, 2020 at 6:00 p.m., with Council President Hare presiding. Council
members present via video or telephone were Mr. Anderson, Mr. Sudler (arrived at
6:03 p.m.), Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Rocha, Mr. Taylor, and Mr. Lindell
(arrived at 6:26 p.m.). Civilian members present via video or telephone for their
Committee meetings were Mr. Caldwell and Col. Dix (Ret.) (Parks, Recreation, and
Community Enhancement), Mr. Shevock (departed at 8:16 p.m.) and Mr. Contant
(Legislative, Finance, and Enhancement).
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for approval of the agenda, seconded by Mr. Taylor and
unanimously carried.
Update on Innovative Readiness Training (IRT) (Captain Brooks of the
Delaware Army National Guard)
Captain James Brooks, Delaware Army National Guard, provided an update on
Innovative Readiness Training (IRT).
Responding to Mr. Neil, Mr. Harline stated that they have been planning for this
project to move forward and that they had the money budgeted years ago to lay the
fields. Mr. Robin Eaton, Parks and Recreation Director, stated that two fields would
be added as a result of the project.
Responding to Committee members' questions, Capt. Brooks provided the following
information:
• It would take 24 hours to turn the eyeglasses around and, at the very start, up
to 48 hours for NOSTRA (Naval Ophthalmic Support and Training Activity)
to take the prescriptions, manufacture the glasses, and get them back to them.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 3
• Once the glasses are delivered to the care site, they would contact the person
to have them come in for the glasses.
• They probably would not have a component where citizens could turn in old
glasses for recycling because they manufacture glasses to specific sizes.
• Regarding medical services, they were going to offer an annual physical and
a chance to speak to a doctor.
• They would not be providing any services that would create a blood product
or more of a paper trail for them to have to follow up on.
• Capt. Brooks would need to check to see if they would be doing COVID
testing. If the tests were something that require a 24-hour or 48-hour
turnaround time, as of right now, they are not set up to do that and they do not
have the supplies in the supply line. If that was something that could be
added, that would be a question back to the providers that would have more
input in their services.
• If there was a vaccine for COVID, he would hope that they would be able to
provide that, but he was unsure. They have not been able to provide vaccines
for things like zika, malaria, or even the common flu.
• All three sites made available to them are from the Capital School District.
Towne Point and South Dover Elementary are still going to be primary points
of care. They have an unknown element to the mission at this point and that
is where the third care site is going to be. The third care site was originally
slated for Booker T. Washington School, but the damage it received during
the tornado has possibly prevented them from being able to utilize that site.
• Their portion of this was to craft the military specific messaging that goes out
to the community, how the community wants to market it is completely up
to them. They will answer any public relations or affairs questions that come
their way and they provide very specific messaging.
Presentation - Wilmington Hope Commission and Bobby Wilson
Ms. Rachel Notten, Vice President of Booted and Suited Construction Academy,
presented information regarding their program. Ms. Notten stated that Booted and
Suited Construction Academy was a professional academy with a sensitivity to the
unique needs that citizens returning from prison have in finding and retaining quality
employment.
Responding to Mr. Slavin, Mr. Anderson stated that the Wilmington Hope
Commission and Booted and Suited were connected organizations. Ms. Notten noted
that they would be working carefully and closely with the Wilmington Hope
Commission. Mr. Slavin stated that he did not have a problem with the message that
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 4
was delivered, but that they had Wilmington Hope Commission on the agenda and
that they should talk about the Wilmington Hope Commission. Ms. Notten stated that
they were going to emulate the programs of the Wilmington Hope Commission.
Responding to Mr. Anderson, Ms. Notten stated that they have a space in downtown
Dover on Loockerman Street. She advised that they were looking at a national
curriculum and that they have clients who were ready to take people in after they
were trained.
Mr. Anderson stated that the idea that was communicated to him was that this was
essentially from the people of the Wilmington Hope Commission and that this was
their local effort in Dover. Mr. Anderson stated that he was not aware that they
actually spun off of the organization, which was not the original plan. It was
originally going to work through the Wilmington Hope Commission.
Responding to Mr. Rocha, Ms. Notten advised that Booted and Suited was in the
process of completing their 501c3 and that the academy program would be six weeks.
Ms. Notten stated that there would be a process of placement once individuals were
trained.
Responding to Mr. Cole, Ms. Notten stated that they were working on a budget for
2021 and would provide them with where the funds would go.
Responding to Mr. Lindell regarding the purpose of this item, Mr. Anderson stated
that the first time the Wilmington Hope Commission came, they presented their
overall vision and wanted to see if there was an interest in Dover. He advised that
this particular time, they arranged for someone to start in Dover with community
organizations and this was progress of something happening in Dover. Mr. Anderson
advised that if they came before the Committee again, he would want specifics.
Responding to Mr. Lindell, Mr. Anderson stated that his vision would be talking
about funding and that it may be other partnerships. He stated that other partnerships
and resources are available that have less to do with funding.
Mr. Taylor stated that he introduced a company called Intermold Corporation to the
Hope Commission with Mr. Wilson. He noted that they are a company that makes
plastic parts and that they were willing to train people to make parts and fix
machinery and that they were willing to arrange transportation.
Responding to Mr. Sudler, Ms. Notten stated that mental health would also be a part
of the program. She advised that the City of Wilmington currently has programs for
mental health, but it was semi-related to the workforce development. She stated that
their current program just trains and employs participants and does not have the
mental health aspect of their organization. Ms. Notten noted that they wanted to have
the resources readily available if there was a need because it was highly important,
especially for someone that had been incarcerated.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 5
Library Reopening Plan
Mr. Matthew Harline, Assistant City Manager, and Mr. Brian Sylvester, Library
Director, reviewed the Library Reopening Plan. (City Clerk’s Office Note: During the
Regular City Council meeting of September 28, 2020, Council members approved the
Committee’s recommendation to refer this item back to Staff until a clear vision of
guidelines and protocols are in place.)
Staff recommended a partial capacity reopening the week of November 1st. If the
Committee is in agreement the Committee should provide direction on sanitation
requirements and no contact entry, then direct staff to proceed.
Mr. Neil expressed his concerns regarding book pickup and asked if orders could be
placed at the checkout desk to reduce the number of patrons searching for books on
the shelves and their amount of time in the library. Mr. Sylvester stated that he
thought it could be done and that it would not be meaningfully different from the way
they manage the holds desk. He noted that from a physical building security
standpoint, they would want to block off the stacks if they were to do that kind of a
model, so the patrons did not browse, because that would eliminate the point of doing
it. Mr. Sylvester stated that it was something they could consider.
Responding to Mr. Harline, Mr. Neil stated that it was different from the current
holds process, which is providing books through curb service. If they were going to
eliminate curb service, he was suggesting that pick up be offered at the desk.
Mr. Sylvester stated that it would work exactly the same as it has in the past and it
would be treated the same as a hold.
Mr. Cole stated that his concern was that the protocols would be visible to Staff and
patrons so that everybody was on the same page. He asked what the vision was for
enforcement, which he felt was going to be the hardest part. Responding,
Mr. Sylvester stated that they have seven different signs on display in the building
and that each pertains to a different element of the protocols. There was also signage
about hand washing, social distancing, and mask requirements and obtaining
assistance if the patron was not able to wear a mask. Mr. Sylvester noted there might
be slightly different signage in the children's room and they were looking at decals
that go on the floor to mark off the six-foot distances. They thought they would do
something a little more child-friendly in that area. He advised that one of the main
things that they were treating as a prerequisite for opening was to have security back
onsite for enforcement of the requirements.
Mr. Sylvester advised that they talked internally about initially having a Staff person
at the front entrance to ensure that masks were being worn, that people understood
what rules needed to be followed, and possibly enforcing building occupancy limits.
He noted that Sunstate Security would come back in if people had already entered the
building and were not observing the protocols. Mr. Sylvester stated that they would
give a warning first and make sure that they understood the rules for compliance.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 6
Mr. Harline stated they budgeted for slightly more than 66 hours per week for
Sunstate Security for all 52 weeks of the year. He advised that it was possible to
enable one guard to continue the sweeps of the floors, which was part of the contract,
and if they had numerous violations they could ask Sunstate to have a second guard
onsite. Mr. Harline stated that if they gave Sunstate Security enough lead time, it
might be possible. He noted that eventually it would become trespassing if people did
not follow the rules and the next step would be to call the Dover Police Department.
Mr. Lindell stated that he wanted to make sure that if it was determined that the
library should close due to unforeseen circumstances, it would be in coordination
with Mr. Sylvester and the City Manager. Responding, Mr. Harline stated that he
would have no hesitation closing the library if they saw that there was a real risk to
public health.
Mr. Hare asked how Staff would know what to sanitize if someone who tested
positive for COVID-19 went into the library. He expressed concern with Staff being
exposed. Responding, Mr. Sylvester stated that they had no way of knowing whether
or not somebody was positive and asymptomatic. He advised that the Governor's
guidelines indicated that they should clean surfaces that are touched by customers at
least every two hours. Mr. Sylvester noted that they could do that and have the
custodial service team have a day porter onsite, it was a little bit less than $2,000 a
month. He advised that they have saved enough on the security detail that they could
afford to do that for the foreseeable future.
Mr. Harline noted that he was aware of situations where people have worked in
offices together with someone who tested positive and, because mask restrictions
were required and enforced strongly, the disease was not passed to other employees.
He stated that there would be a re-evaluation on November 16th with a report back
to Council on November 24th, at which time they would report any such situations.
Mr. Harline stated that there was no 100% risk-free process to provide the service to
the citizens of Dover, but they were going to be cleaning surfaces, working hard, and
enforcing the mask requirement very stringently for exactly that reason.
Responding to Mr. Hare, Mr. Sylvester stated that they had not planned to ask people
to show their library cards. He noted that the library is a public facility, similar to a
park, and they cannot really bar access on those grounds.
Responding to Mr. Hare regarding security prior to the pandemic, Mr. Harline stated
that they have had some guards that did not work out. He noted that they have
removed many people from the library for sleeping and actually had the incident
reports to show it, but they did not catch everyone. Mr. Harline advised that just
before the pandemic hit, they were coordinating on reducing the number of warnings.
He stated it was especially important now to make sure that the people in the library
were there to use the library because of the increased of spreading the virus.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 7
Responding to Mr. Cole, Mrs. Donna Mitchell, City Manager, stated that all
department heads were reporting to Mrs. Kim Hawkins, Human Resources Director,
to follow all Centers for Disease Control and Prevention (CDC) and the Division of
Public Health (DPH) guidelines. She advised that Staff does temperature checks
every morning and asks the four or five COVID-related questions and they document
it each day, which are submitted to Mrs. Kay Sass, Public Affairs and Emergency
Management Coordinator.
Mr. Cole stated that he was supportive of a limited opening and that if there were any
miscommunications with any of the safety protocols, he was also in support of
shutting the library down immediately for the safety of the Staff and anyone involved.
Mr. Sudler stated that he was not confident that it was the right time. He stated that
he knew Staff had done a tremendous job in trying to put together a plan of action to
meet their satisfaction in regard to their concerns. Mr. Sudler stated that until they
had some form of vaccine or close to it, he thought that the library was too much of
a hotspot and that it could be the host of a major outbreak in downtown Dover
because of the element of individuals that are attracted there. He advised that he
would be voting against it.
Mr. Neil asked how much it cost for the temperature checks. He stated if there were
several units that would be made available to Staff to check people as they come in,
he thought it would be a step in the right direction to opening the library.
Responding, Mr. Harline stated that the original proposal was not to do the
temperature checks because they did not want large groups of people at the door, but
if it was a matter of not opening without the temperature check, then they would do
them, noting that 99.5 degrees would be the cutoff point. He noted that if they are
going to do temperature checks, they are going to have to carefully calibrate the
instrument. Mr. Sylvester stated that they have two handheld, infrared, no contact,
thermometers onsite that are being used for Staff as they are checked in the morning.
Responding to Mr. Taylor regarding the 60% capacity, Mr. Sylvester stated that they
had not discussed any means of prioritizing who would get access. Mr. Taylor stated
that at 60% capacity they were going to have the homeless population loitering there.
He noted that they have students who want to get in and asked who was going to be
the one to tell the homeless population that they have to leave. Responding,
Mr. Sylvester stated that in a situation where the building was at capacity at that
level, it would be both security and Staff. He advised that if the security guard was
available to do it, they would ask them to, if not, Staff would. Mr. Sylvester noted
that they have an Acceptable Behavior Policy which prohibits loitering, so on those
grounds, they could ask somebody to leave. Internally, they define loitering as not
using the library for its intended purpose. Mr. Taylor stated that he firmly believed
that someone needs to make sure there is a priority list.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 8
Responding to Mr. Taylor regarding the sanitation process, Mr. Sylvester stated that
it was a quarantine process. He advised that, for library returns, they come in through
the book drop and are placed onto either a cart or in a transit bin, then they are
marked with the day they were packed. Staff wears masks and gloves and frequently
sanitizes their hands. He stated that those items are left for at least 72 hours,
sometimes longer depending on whether it was a transit from another library or
returned from a member of the public. Once that time period has passed, then they
open it up and check the books.
Responding to Mr. Taylor, Mr. Harline stated that the police department had a deep
clean after they had an exposure. He advised that there are companies that provide
a special clean based on a square footage. Mr. Harline noted that if they knew a Staff
member was sick or if they found through contact tracing that somebody was
positive, they would hire that service. Mr. Taylor stated that the police department
knew of the exposure but there would be no tracing with the transient population.
Mrs. Mitchell advised that when they do the temperature checks at City Hall they
write down who the person is, what their temperature was, and ask them to answer
the questions. If they do not know who is coming and going and writing that down,
they cannot do any contact tracing.
Responding to Mr. Taylor, Mr. Sylvester stated that they looked into other types of
sanitation, specifically UV lighting. Mr. Sylvester advised that there are a couple of
types of UV lighting that can be used, one is being used at Kent County Public
Library. It is a sanitizer designed specifically for books and another one is an
overhead sanitizer that can be installed. It is meant to be installed in a classroom but
could also be an option for their meeting rooms. Mr. Sylvester stated that the problem
with the one that goes into a room is that they would need to have the room empty
of people for a full hour while it was being sanitized. He noted that it meant that they
could use it in some of their spaces, but it would not be a viable option in all of their
spaces unless they ran it overnight. Mr. Sylvester stated that it might not be a cost-
effective cleaning measure if they were only doing a single deep clean with it.
Mr. Sylvester stated that the primary objection he had to the book sanitizer was the
volume of books that they would need to run through it. He stated that the one that
the Kent County Public Library is using can only hold six titles at a time and it has
to run for a minute. Mr. Sylvester noted the Kent County Public Library is a smaller
library than the Dover Public Library and they have had to dedicate a staff person just
to sanitizing items. The Dover Public Library would end up needing probably
multiple units and end up having to dedicate multiple staff people to operate the
units.
Mr. Taylor asked if it would be beneficial if he introduced a company to the
Committee and have them do a presentation about UV lighting. Responding,
Mr. Harline stated they would certainly be willing to look at that option. He noted
when it comes to the books, however, there was good evidence that a 72-hour wait
was enough to eliminate the risk of transmission of corona viruses, particularly
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 9
COVID-19. Mr. Harline stated that they have filtration units in the HVAC system
that meet the recommendations of the CDC and the cost to do the meeting rooms was
not prohibitive. He noted that he would be interested to see if there was a solution for
the general area, which is very large. Mr. Harline advised that 60% capacity for the
library, not counting the multipurpose rooms, was 348 people. He stated that,
counting in and out, they should be able to know when they are approaching
348 people in the library. Mr. Harline noted that the overwhelming opinion of Staff
was that without special programming, they rarely have 348 patrons in the library at
once. He stated that if it turns out that they were wrong, they will hold people at the
door, and they can develop a protocol. Mr. Harline stated that the trouble with the
protocol to remove people is, if Staff does not know when they came in, they are put
in a situation of trying to evaluate how important somebody's purposes of being there
and it would be difficult to do that just by looking at the age and the activity of the
people.
Mr. Taylor stated that the downtown merchants have been experiencing a huge
recovery over the last few months and the merchants have noted that the City had
taken on a whole new personality. Mr. Taylor stated that he was extremely reluctant
to open the library, knowing that possibility exists.
Mr. Cole stated that the library Staff and City of Dover Staff have, working with
CDC and DPH, come up with safety guidelines. He advised that if they could be met,
then they could start to open up just as they are opening up in his school districts.
Mr. Cole stated that if they could move forward with a limited opening working with
CDC guidelines, then they should move forward. If those guidelines cannot be met,
then he suggested shutting it down.
Mrs. Mitchell stated that the more she listened to the discussion, the more she was
concerned with Staff because if contact tracing was part of the CDC guidelines and
Staff comes in contact with a COVID positive person, there was no way of knowing
because no one is reporting it to the Staff. She noted that she agreed that Staff was
there to serve the public, but also agreed that they should not put them in harm's way.
Mrs. Mitchell stated that in the City, they have appointments.
Responding to Mrs. Mitchell, Mr. Harline advised that when someone goes into
Customer Service, they usually go to the counter and they can trace them that way.
He noted that both in the library and in Customer Service they have cameras and if
they ask somebody for their name, they do not request an ID. Regarding temperature
checks, Mr. Harline stated that they were consistent, but he would be very surprised
if it was accurate. Mrs. Mitchell stated that her concern with contact tracing was if
the employees were not notified.
Mr. Anderson stated that if somebody was getting contact traced with Public Health,
they retrace their steps and they would tell them that they were at the library.
Mrs. Mitchell stated that they would hope that they would tell them that they were
at the library.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 10
Mr. Lindell moved to recommend that the library partially reopen the week of
November 1st, as recommended by Staff, with additional details in the plan which
include extra cleaning protocols, even if there was an additional cost involved, and
no contact entry, and allow Staff to proceed with those instructions with the
understanding that if there was a problem, they could close the library immediately.
The motion was seconded by Mr. Cole.
Mr. Neil stated he wanted to include to mandate that Staff had a calibrated no-touch
thermometer reading for everyone coming into the library. Mr. Cole seconded the
amendment to the motion.
Mr. Slavin stated that he was of the belief that they hire people in the City to do jobs
for them, and they build trust in their ability to do that job. He stated that they have
great trust in Mrs. Mitchell, Chief Johnson, Mr. Harline, and Mr. Sylvester and they
have done those jobs. Mr. Slavin stated that he found that the discussions where now
they were addressing what kinds of thermometers would be used at the library was
really a recipe for bogging City government down if they were going to have Council
be involved in the day-to-day operations at this level. He stated to just get these
things done and that they have pitched this idea of safety to the library and they have
said exactly what the point was and that was they cannot eliminate the risk, they
could only reduce the risk and know what the risk was.
Mr. Hare agreed with Mr. Taylor and Mr. Sudler. He stated that he knew it was
going to be one way in and one way out. He asked when people come into the library
have someone there that was going to write their name and check their ID, and the
time they came in. Mr. Hare stated that it would be another control that could help
because someone could come in at 9:00 a.m., not sign in or anything, and just be
there all day.
Mr. Neil moved to amend the motion to recommend the library partially reopen
the week of November 1st, as recommended by Staff, with additional details in
the plan which include extra cleaning protocols, even if there is an additional
cost involved, and no contact entry, and allow Staff to proceed with those
instructions with the understanding that if there is a problem, they can close the
library immediately, and to mandate that Staff have a calibrated, no-touch
thermometer reading for everyone coming into the library. The motion was
seconded by Mr. Cole and carried by a roll call vote of six (6) yes (Neil, Cole,
Rocha, Lindell, Caldwell, and Dix), three (3) no (Sudler, Taylor, and Hare), one
(1) abstention (Anderson), and one (1) absent (Slavin).
The motion to recommend the library partially reopen the week of November
1st, as recommended by Staff, with additional details in the plan which include
extra cleaning protocols, even if there is an additional cost involved, and no
contact entry, and allow Staff to proceed with those instructions with the
understanding that if there is a problem, they can close the library immediately,
and to mandate that Staff have a calibrated, no-touch thermometer reading for
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 11
everyone coming into the library was carried by a roll call vote of seven (7) yes
(Neil, Cole, Rocha, Lindell, Caldwell, and Dix), three (3) no (Sudler, Taylor, and
Hare), and one (1) absent (Slavin).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Updates on the Progress of the Master Plans for Each of the Major Parks
Mr. Matthew Harline, Assistant City Manager, and Mr. Robin Eaton, Parks and
Recreation Director, provided and update regarding the progress of the Master Plans
for each of the Major Parks.
Responding to Mr. Neil regarding Mallard Pond Park, Mr. Eaton stated that they
have a path and lighting that goes through that park and the tree limbs were starting
to block some of the lighting, so they trimmed them from around the lighting.
Responding to Col. Dix, Mr. Harline stated that there were many general notices. He
noted that they are still in an early process and that more public input will be sought.
Mr. Neil moved to recommend acceptance of the report, seconded by Mr. Taylor
and carried with Colonel Dix voting no.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Gate/Park Security (Schutte Park)
Mr. Matthew Harline, Assistant City Manager, reviewed the background information
regarding the gate and park security at Schutte Park.
Staff recommended 1. Create signage that specifies the hours for Schutte Park.
2. Proceed with a gate at the entrance to the main parking lot to the John W. Pitts
Recreation Center. 3. Pursue options for a second gate across Electric Avenue
directly south of the main entrance to the Pitts Center. 4. Look into installing security
cameras in the Pitts Center Parking lot and near the skate park/dog park/playground
areas.
Mr. Neil stated that it seemed a little bit premature and that he would like to have
more of the details.
Col. Dix stated that he could leave the road at virtually the full length of the park and
bypass any obstacle that they put at the intersection. Mr. Harline stated that was an
accurate statement if someone was coming off of Hazlettville North Street.
Mr. Harline stated that this would be a very good deterrent effect, but agreed with
Mr. Neil that there were a lot of details they needed to work out. He noted that if they
do not put up proper fencing to go along with the gates, they would be easily
defeated.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 12
Mr. Harline advised that they were looking into the possibility of making it a
requirement for people to register the space if they were going to have a party over
a certain size. He noted that late night spontaneous parties in the hundreds have been
seen in parks. Mr. Harline stated that they have almost always seen a huge mess left
behind for Staff. He advised that there may be a constitutional issue and that may be
impossible, but they would like to purse that option.
Mr. Hare stated that Staff knew what they needed to do and it was up to them to put
the plan together and state what they were going to do and do it. He noted that he did
not know if they had to approve it to put a gate up to stop this.
Mr. Slavin stated there was a reason why the Council Committee structure was set
up to be a recommendation to Council and then two weeks later, Council took the
matter up. He noted that it was meant for items that deserve a level of debate and
time to take an involvement from the public to make critical decisions about the
vision and strategy for the City. Mr. Slavin stated that it was absurd to think that they
were requiring Staff to come to the Committee for a gate replacement that would take
four weeks to get approved from Council before they could even begin the process
of procuring and putting the solution in place. He noted that this was a recipe for
slowing the City down to a crawl and that it has to stop.
Responding to Col. Dix, Mr. Anderson stated that there is a certain dollar limit where
the Committee gets involved in these decisions. Mr. Anderson stated that it was just
the gate, but the whole security goes beyond that particular dollar limit. He noted that
security was going to be fundamental to the master plan. Mr. Anderson stated that the
security vision had to be addressed, which they see was a lot more than the gate in
the report because if they were going to add amenities such as dog park and skate
park in the back, there had to be an idea of the security that they were going to have
in the future.
Mr. Neil stated that he did not disagree with Mr. Slavin, but that they have to be
informed so they are not blind sided.
Mr. Hare moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting. The motion was seconded by Mr. Neil and
unanimously carried.
Meeting adjourned at 8:33 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell
presiding.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 13
Adoption of Agenda
Mr. Neil moved that item #3 - Pay for Performance Evaluation System be postponed
to another meeting, seconded by Mr. Sudler.
Responding to Mr. Lindell, Mr. Harline advised that there were a couple of
presenters from Siegel on the meeting who were ready to go. Mr. Lindell stated that
he would like to hear at least the findings from the presenters tonight and perhaps not
take any action on it to allow further digestion of the information.
Mr. Slavin stated they could listen to the presentation and pass it onto Council with
no recommendation and then be prepared to rehear it again at the Council meeting
to take action in two weeks so there was no delay in the process. Mr. Neil withdrew
his motion. Mr. Sudler withdrew his second.
Mr. Neil moved for approval of the agenda, seconded by Mr. Taylor and
unanimously carried.
Downtown Dover Partnership Parking Solutions
During the Regular City Council meeting of June 22, 2020, Council members
approved the Legislative, Finance, and Administration Committee's recommendation
approving continuation of the Memorandum of Understanding (MOU) with
discussion to be brought back to Council, during the Regular City Council meeting
of June 22, 2020.
Ms. Diane Laird, Executive Director of the Downtown Dover Partnership (DDP),
Mr. Chris Raubacher, DDP Parking Committee, and Mr. Jed Hatfield, President of
Colonial Parking, Inc., reviewed the background information for the Downtown
Dover Partnership (DDP) Parking Solutions.
Ms. Laird advised that proceeding with the signature of the MOU to design the
parking solution included implementation of that solution. She advised that if the
implementation does not take place, the DDP would be required to pay about
$35,000 in planning fees for the solution.
Responding to Mr. Lindell, Ms. Laird stated that the ask was to proceed with the
MOU to design and implement the solution that is derived.
Mr. Neil stated that they took the first step of the jigsaw during the Regular Council
meeting of October 12, 2020, when Council approved the first reading of Ordinance
2020-12 - Amending Chapter 106 - Traffic and Vehicles, Article III - Stopping,
Standing, and Parking, Division 2 - Metered Parking, Division 3 - Removal and
Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181 - Definitions,
and Division 4 - Downtown Parking. Mr. Neil noted that ordinance was necessary to
permit the DDP to enter into this agreement with Colonial. (City Clerk's Office Note:
Proposed Ordinance #2020-12 is scheduled for the Final Reading during the
Regular City Council meeting on October 23, 2020.)
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 14
Mr. Slavin reminded members that they only make a recommendation to Council. He
stated that by the time the ordinance had passed, this would then follow.
Mr. Hatfield stated that the development phase was actually performed before the
MOU was signed and executed and there was no financial commitment. He noted
that it was not until the development work of the program, which is what is driving
that fee.
Mr. Neil moved to recommend moving forward with the authorization pending
the approval of proposed ordinance #2020-12 at the Regular City Council
meeting on October 26, 2020. The motion was seconded by Mr. Cole and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Grants - Fiscal Year 2020 Edward Byrne Justice Assistance Grant Program -
Joint Grant with Smyrna Police Department & Kent County
Chief Johnson, Dover Police Department, reviewed the background and analysis
regarding the Fiscal Year 2020 Edward Byrne Justice Assistance Grant Program -
Joint Grant with Smyrna Police Department & Kent County.
Staff recommended approval of the grant project as requested.
Mr. Neil moved to recommend approval of Staff's recommendation, seconded
by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the grant project, as recommended by the
Committee. The motion was seconded by Mr. Rocha and carried by a unanimous roll call
vote.
Grants - Fiscal Year 2021 Fund to Combat Violent Crime
Chief Johnson, Dover Police Department, reviewed the background and analysis
regarding the Fiscal Year 2021 Fund to Combat Violent Crime Grant.
Staff recommended approval of the grant and intended purchases.
Responding to Mr. Lindell, regarding vendors, Chief Johnson stated that most of this
was recurring. Mr. Lindell stated that he knew the grants were different as far as they
were getting them at random parts of the year. Chief Johnson stated that there was
a challenge there when grants become available, the deadlines were instituted by the
issuers of the particular grants. He advised that for the last 10 to 20 working days, he
had been having active discussions with his staff to address assuring that their timing
was appropriate. Chief Johnson stated that this was a regular recurring item that has
great utility for them.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 15
Mr. Sudler asked how they knew that other competitors were given the opportunity
to compete for the bidding process. He stated that they needed to make sure that,
across the board, uniform guidelines were being adhered to so that they could ensure
they were representing the City in the best manner. Mr. Sudler noted that he thought
they needed to focus on some of the bids that were being awarded to make sure that
things were being done properly and in accordance with how they were supposed to
be across the board.
Responding to Mr. Taylor, Chief Johnson advised that the education part was leaning
into the preventative piece.
Responding to Mr. Lindell's questions, Chief Johnson provided the following
information:
• The recurring grants were fairly predictable. There was a range of things that
they could obtain in each of the state and federal level grants that were
managed by the state. They would vary their requests based on the needs of
the particular budget year.
• Regarding the recurring grants to help fund body cameras, they were having
those discussions. There was a state level meeting and they discussed the
Criminal Justice Council (CJC) and what they might be able to do for them.
Mr. Neil moved to recommend approval of the grant and intended purchases,
as recommended by Staff, seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Pay for Performance Evaluation System
Mrs. Kim Hawkins, Human Resources Director, and Ms. Paula Singer,
Ms. Andrea Averill, and Ms. Katie Kiesel, Segal, reviewed the information located
in the packet regarding Pay for Performance Evaluation System.
Staff recommended approval of the implementation of a Pay for Performance
Evaluation system for non-bargaining employees with the following schedule: Pilot
period to begin July 1, 2021 - June 30, 2022; Full implementation July 1, 2022; First
pay for performance increase to be provided July 1, 2023.
Mr. Sudler stated that the City of Dover was moving towards a transformational
leadership style and culture and asked how they felt it fit in and if they thought it was
a great representation and component with their shared visions. Responding to
Mr. Sudler, Ms. Averill stated that it does support transformational change. She
advised that the process would begin to identify the goals that were needed to move
that transformation forward and that would be included in the process.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 16
Mr. Anderson stated he had some unease with recommendation #12 - Reevaluate the
process for the Council to conduct performance evaluations. He stated that it should
be looked at some where in the future. Mr. Anderson noted that if an employee works
for everybody equally on the Council, to have one or a couple control whether or not
they got a pay raise without input of everyone else was problematic.
Responding to Mr. Anderson, Ms. Averill stated the department heads reviewing
every rating occur at the final rating. She advised that there would only be a rating
applied at the year-end evaluation and the other quarterly reviews would just be a
conversation about progress, work goals, feedback and other performance
observation shared. Ms. Averill stated that there would be no rating until the end of
the cycle.
Responding to Mr. Anderson, Ms. Singer stated for the quarterlies, it is the employee
and the supervisor and the others occur only annually. Ms. Singer noted that the
department heads would only look at the final ratings, they were not looking at every
detail.
Mr. Sudler asked if there would be an opportunity for the employee to rate the
supervisor, in regard to whether or not they were being supportive, giving accurate
direction, or just one rating. Responding, Ms. Singer stated that it was only the
supervisor rating the employee, but that was something they were recommending as
an add-on after the process settled down. She noted that there were a number of
forms and processes that could be used for employee rating supervisors, so they
would have a multi-rater input which could be important, but they thought they
would start with the recommendations, taking one step at a time. Mr. Sudler stated
this was a great first step, but that it was equally important to have a pulse on the
climate of the organization through the employees to have an opportunity to rate the
supervisor's behavior and effectiveness.
Responding to Mr. Taylor, Ms. Averill stated that an appeal process would be part
of the process. She stated there would be a limited window of time where employees
could request an appeal to the human resources function and the City Manager could
participate in that review.
Responding to Mr. Taylor, Mrs. Hawkins stated they do not currently have an appeal
process in place. She advised that a process would have to be drafted and they had
some of that discussion in internal meetings with Segal. Mr. Taylor stated that
component would have to be a necessity for him to go forward with the process.
Mr. Neil stated that they were talking about so many factors, for instance, a constant
increase in individuals for performance on a straight level or bonuses as a result of
the work that they were doing. He stated that has to be part of this conversation.
Responding to Mr. Hare, Ms. Averill stated that if a manager gave an employee an
evaluation and they received a raise and they did not like it, they could appeal the
rating. Ms. Singer stated that if they added the component, then the employee could
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 17
then rate the manager. She advised that it would probably be at a different cycle.
Addressing Mr. Hare’s concerns regarding employees rating their managers,
Ms. Averill stated that what many organizations do is gather feedback in terms of the
employees to the manager. She stated that they would get the observations about
performance and then aggregate those themes and provide that to the manager.
Ms. Averill advised that it would be the manager's decision to report it to a
department head and the department head would vet assigning that rating, which
would then equate to a salary increase, or some type of reward.
Mr. Hare asked if the manager would be rated by the department head. Responding,
Ms. Singer stated that was a second level sign off. She advised that the manager
would sign off and then the department head would sign off.
Mrs. Hawkins stated that, in conversations with Segal, the idea of 360 feedback was
discussed regarding evaluation by department heads’ direct reports or whoever their
primary customers were. She stated that they could develop a 360 feedback program
that was based on the competencies that were developed and that tie into the
performance development program.
Mr. Anderson stated that he would like to see the definition of terms and how they
were actually graded. He noted that there was also backup material that they had not
seen. Ms. Singer stated that they were in the process of finalizing that information
and that they would provide it. Ms. Singer noted that this was a pilot program.
Mr. Hare stated that he felt they needed to wait until they hire the new City Manager
before taking action on this item.
Mr. Sudler stated he would be interested in seeing the instruments or criteria for the
instruments, the composite scores, how they were going to score them, and what it
actually measures.
Mr. Hare moved to table this item in Committee until a new City Manager is hired,
or when it is brought back up again by the Committee. The motion was seconded by
Mr. Anderson.
Mr. Slavin stated, for clarification, that they did not mean that they were telling Staff
and the consultants to stop reflecting on the item. He stated that he would assume
they were going to continue to refine it, to make it an actionable item for when it is
considered for Council again. Mr. Hare and Mr. Anderson agreed with the
clarification.
Mr. Harline stated that they had enough direction to put some finer points on it with
the consultants. He noted that the consultants were winding down their work and if
they wanted to bring them back, he would talk with Ms. Singer as to how flexible
they were with their time within the scope of the contract.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 18
Mr. Neil’s call for the question was unanimously carried.
Mr. Hare moved to table this item in Committee until a new City Manager is
hired, or when it is brought back up again by the Committee, and for Staff to
continue to refine the Pay for Performance Evaluation System. The motion was
seconded by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Proposed Ordinance #2020-14 - Project Carry-Forward Budget
Balances/Proposed Budget Amendments
Mrs. Donna Mitchell, City Manager and Mr. Matthew Harline, Assistant City
Manager, reviewed the proposed budget amendments and proposed Ordinance
#2020-14.
Staff recommended approval of the proposed Budget Amendments totaling
$8,420,300 for Fiscal Year 2021 and adoption of Ordinance #2020-14.
Mr. Hare moved to recommend approval of Staff's recommendation.
Responding to Mr. Anderson regarding street improvements, Mr. Harline stated that
he could get him a list of whic streets were completed and which ones were being
carried forward.
Mr. Hare moved to recommend approval of the proposed Budget Amendments
totaling $8,420,300 for Fiscal Year 2021 and adoption of Ordinance #2020-14.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Mr. Neil moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Hare and unanimously
carried.
Meeting adjourned at 10:07 p.m.
Mr. Lindell moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 10:07 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Rocha and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 19
QUARTERLY REVENUE REPORT
Members were provided the Quarterly Revenue Report as of September 30, 2020.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report as of
September 2020. The motion was seconded by Mr. Rocha and carried by a unanimous roll call
vote.
2020/21 ANNUAL COMMITTEE APPOINTMENTS (DEFERRED DURING THE ANNUAL
MEETING OF MAY 11, 2020)
Mayor Christiansen recommended the appointment of Alfreda F. Dean to serve on the Election
Board as the First District Representative (to fill the expired term of Anita L. McDowell-Boyer) for
a term to expire May 10, 2021.
By consent agenda, Mr. Neil moved for approval of the appointment of Alfreda F. Dean, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Rocha and carried
by a unanimous roll call vote.
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN -
SILVER LAKE COMMISSION - TWO YEAR STAGGERED TERMS TO EXPIRE
JUNE 14, 2021 (THE FIRST REGULAR CITY COUNCIL MEETING IN JUNE)
Mayor Christiansen recommended the following appointments to the Silver Lake Commission:
Tricia K. Arndt
Zachery C. Carter
By consent agenda, Mr. Neil moved for approval of the appointments, as recommended by
Mayor Christiansen. The motion was seconded by Mr. Rocha and carried by a unanimous roll
call vote.
UPDATE ON IN-PERSON MEETINGS
Mr. Matt Harline, Assistant City Manager, reviewed the information and concerns resulting from a
hybrid meeting test that was conducted on October 7, 2020 with Mrs. Traci McDowell, Mrs. Donna
Mitchell, Mr. Andy Siegel, and Ms. Janella Tauchus, as well as the information gathered from
contacting potential off-site meeting locations.
Responding to Mr. Sudler, Mrs. Donna Mitchell, City Manager, advised that she spoke with
Dr. Henderson, the Capital School District Superintendent, and she referred them to Mr. Ben Wells
in their technology department. Mrs. Mitchell noted that Mr. Wells scheduled a meeting with the
City but was then unable to attend. She advised that Ms. Janella Tauchus, Assistant City Clerk, has
been trying to contact him since then; however, he has not returned her calls. Mrs. Mitchell noted
that Capital School District employees are still working remotely.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 20
FIRST READING - PROPOSED ORDINANCE #2020-14
Council President Hare reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
November 9, 2020.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
#2020-14 - Project Carry-Forward Budget Balances/Proposed Budget Amendments
REZONING REQUEST FOR PROPERTIES LOCATED AT 35 AND 39 NORTH NEW
STREET - FIRST READING OF PROPOSED ORDINANCE #2020-15
A request was received to rezone properties located at 35 and 39 North New Street, consisting of
5,952 SF +/- and 3,877 SF +/-. The properties are zoned RG-3 (Group Housing Zone) and the
proposed zoning is RG-1 (General Residence Zone). The owner of record is National Council on
Agricultural Life & Labor Research Fund, Inc. (NCALL).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
Mr. Neil moved to refer the request to the Planning Commission on November 16, 2020 and
set a public hearing for December 14, 2020 at 7:30 p.m. The motion was seconded by
Mr. Slavin and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
Proposed Ordinance #2020-15 as read by the City Clerk, by title only, as follows:
An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dover by
Changing the Zoning Designation of Properties Located at 35 and 39 North New Street
REZONING REQUEST FOR PROPERTY LOCATED AT 630 WEST DIVISION STREET -
FIRST READING OF PROPOSED ORDINANCE #2020-16
A request was received to rezone property located at 630 West Division Street, consisting of
1.08 acres (47,275.3 SF +/-). The property is zoned C-3 (Service Commercial Zone) subject to the
COZ-1 (Corridor Overlay Zone). The proposed zoning is IO (Institutional and Office Zone) subject
to the COZ-1 (Corridor Overlay Zone). The owner of record is Silver Linings Holding Corporation
c/o Tolano Anderson and the equitable owner is Dover Interfaith Mission for Housing.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
Mr. Neil moved to refer the request to the Planning Commission on November 16, 2020 and
set a public hearing for December 14, 2020 at 7:30 p.m. The motion was seconded by
Mr. Slavin and unanimously carried.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 21
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
Proposed Ordinance #2020-16 as read by the City Clerk, by title only, as follows:
An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dover by
Changing the Zoning Designation of Property Located at 630 West Division Street
FINAL READING - PROPOSED ORDINANCE #2020-12
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
February 22, 2016. Council President Hare reminded members of the public that copies of the
proposed ordinance were available at the entrance of the Council Chambers or on the City’s website
at www.cityofdover.com under “Government.”
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Rocha and unanimously carried.
By motion of Mr. Neil, seconded by Mr. Taylor, Council, by a unanimous roll call vote,
adopted Ordinance #2020-12, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 106 - Traffic and Vehicles, Article III. - Stopping, Standing and Parking – Division 2.
– Metered Parking of the Dover Code be amended to read as follows:
DIVISION 2. - METERED PARKING
Sec. 106-161. - Payment for leasing parking meters.
The payment for the leasing or purchase of parking meters within the designated area is to be
provided by the Downtown Dover Partnership solely from the receipts, funds and revenues obtained
by the Partnership from the operation of parking systems.
(Code 1968, § 31-72; Code 1981, § 13-46)
Sec. 106-162. - Marking parking spaces and erecting meters.
(a) Upon those streets or portions of streets which the city council has designated as parking meter
zones, the city manager shall cause parking spaces to be marked on the curb or pavement, or
by other appropriate means, and the Downtown Dover Partnership shall be authorized to install
a parking meter at each space or series of spaces so marked, as they deem appropriate.
(b) The city council may authorize the city manager to enter into an agreement with the Downtown
Dover Partnership to manage parking on city-owned lots within the designated area and extend
the installation and management of a parking system thereon.
(Code 1968, § 31-70; Code 1981, § 13-47)
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 22
Sec. 106-163. - Use of meters required.
(a) Payment. Upon entering a parking meter zone when the parking meter regulations are in effect,
the operator of a vehicle shall immediately make the required payment in U.S. currency by
coin, cash, debit card, credit card, or other acceptable method of payment, in the parking meter
situated at or near the parking space and operate the meter according to the instructions
thereon. Failure to make the required payment shall result in a fine in accordance with the
provisions of Sec. 106-212 - Downtown Dover Partnership authority and Parking limitations.,
fines and fees, set by the Downtown Dover Partnership.
(b) Payments accepted. All parking meters shall be adjusted so that when properly operated,
payments may be made at any time throughout the time range of the meters, with each payment
permitting the vehicle to be parked in a metered parking space for a period as in accordance
with the provisions of Sec. 106-212 - Downtown Dover Partnership authority and Parking
limitations., fees and fines, set by the Downtown Dover Partnership.
(c) Overtime parking. It shall be unlawful for any person to allow a vehicle to remain parked in
a parking meter zone for a period of time in excess of that prescribed in subsection (b) of this
section for the particular payment. It shall be prima facie evidence of an overtime parking
violation when the parking meter shall indicate by proper signal that the lawful parking period
has expired.
(d) Exceptions. The use of parking meters shall not be required on Sundays and legal holidays.
(Code 1968, §§ 31-73, 31-74; Code 1981, § 13-48; Ord. No. 2009-09, 6-22-2009; Ord. No. 2015-09,
6-8-2015 )
Sec. 106-164. - Violations; penalties.
(a) Generally. Any person convicted of violating the provisions of this article or of aiding, abetting
or assisting in the violation of said provisions shall be sentenced to pay a fine as provided for
in Appendix F—Fees and Fines.
(b) Enhanced civil enforcement authority. If three or more violations of this article have been
issued to a vehicle and those violations are more than 30 days past due, or if accumulated
unpaid violations of this article exceed more than $100.00, the vehicle shall be subject to
enhanced civil enforcement, as follows:
(1) Such vehicle found parked on any street in the city shall be immobilized by any
police officer or parking enforcement employee of this city in such manner as to
prevent its operation. Any vehicle so immobilized or impounded shall not be released
to its lawful owner until all unpaid violations and applicable administrative fees
issued to such owner have been discharged by payment in full, together with payment
for the costs of immobilizing, releasing, and storing such vehicle. The owner shall
sign a receipt for such vehicle. Payment for any such towing shall be in accordance
with the towing costs outlined in the current agreement between the police
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 23
department and the towing operator. If the vehicle is a tractor-trailer combination, the
trailer may be released to an authorized agent if the tractor-trailer is immobilized
pursuant to this section.
(2) In any case involving immobilization of a vehicle pursuant to this section, the police
officer or parking enforcement employee shall place on such vehicle, in a
conspicuous manner, notice sufficient to warn any individual that such vehicle has
been immobilized and that any attempt to move such vehicle might result in damage
to such vehicle.
(3) Any vehicle remaining immobilized and not released for 24 hours may be towed and
impounded at the direction of a police officer or parking enforcement employee.
(4) Any person who unlawfully removes a device for immobilization of a vehicle shall
be fined as provided for in Appendix F—Fees and Fines.
(5) Any person who tows or otherwise moves an immobilized vehicle without
authorization by the chief of police or his designee shall be fined as provided for in
Appendix F—Fees and Fines.
(c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is voluntarily
paid without the necessity of a hearing before the proper official.
(Code 1968, § 31-77; Ord. of 8-25-1971, § 1; Code 1981, § 13-49; Ord. No. 2009-09, 6-22-2009;
Ord. No. 2011-22, 9-26-2011; Ord. No. 2015-09, 6-8-2015 ; Ord. No. 2015-16, 10-26-2015 ; Ord.
No. 2016-05, 2-22-2016 )
Secs. 106-165—106-180. - Reserved.
BE IT FURTHER ORDAINED:
That Chapter 106 - Traffic and Vehicles, Article III. - Stopping, Standing and Parking – Division 3.
– Removal and Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181. - Definitions
of the Dover Code be amended to read as follows:
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Enforcement officer means any duly authorized person granted authority in writing to
enforce parking regulations by the Downtown Dover Partnership or any member of the
police department.
(Code 1981, § 13-56)
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 24
BE IT FURTHER ORDAINED:
That Chapter 106 - Traffic and Vehicles, Article III. - Stopping, Standing and Parking – Division 4.
–Downtown Parking of the Dover Code be amended to read as follows:
DIVISION 4. - DOWNTOWN PARKING
Sec. 106-211. - Definitions.
As used in this division, all terms shall have the same meaning as provided in 21 Del. C. § 101
et seq., unless the context requires otherwise. In addition, the following terms shall have the
meanings indicated:
Designated area means those streets or portions of streets within the downtown business
district and any city-owned parking lot so designated by the city council as parking meter zones to
be controlled by the Downtown Dover Partnership.
Downtown business district means that part of the city bounded by and including South State
Street, North Street, Queen Street and Reed Street, and any other areas designated by the city
manager.
(Code 1981, § 13-70; Ord. of 12-11-1995)
Sec. 106-212. – Downtown Dover Partnership authority and Parking limitations.
(a) Overtime parking. No person shall stop, stand or park a vehicle within any designated area for
a longer period of time than is permitted by the applicable traffic control device.
(b) Evading time limits. No person shall move a vehicle from one parking space to any other
parking space for the purpose of evading time limitations on parking. There shall be a
rebuttable presumption that any vehicle that is moved from one space to another space in the
immediate area has been moved for the purpose of evading time limitations on parking.
(c) Second ticket. A second parking ticket may be issued for the same violation, provided that
more than two hours have elapsed since the issuance of the first ticket. No more than two
parking tickets may be issued per day for violating subsection (a) of this section.
(d) Towing of vehicles. Vehicles parked in a time-limited zone in excess of 24 hours may be
towed.
(e) Within the designated area, the Downtown Dover Partnership shall have the authority to
establish parking regulations and policies consistent with Chapter 106 – Traffic and Vehicles,
as deemed appropriate, including, but not limited to, the installation of parking meters, setting
and collection of parking fees, enforcement of parking regulations and collection of fines, and
shall retain all receipts therefrom.
(Code 1981, § 13-71; Ord. of 12-11-1995; Ord. of 10-22-2007)
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 25
Secs. 106-213 – Effective date and duration:
This ordinance shall be effective upon the designation of the parking meter zones and shall be
reviewed at the end of the first two years and at least every five years thereafter to ensure that the
purposes of this ordinance are being achieved and may be void if not effective.
Secs. 106-214—106-234. - Reserved.
ADOPTED: OCTOBER 26, 2020
RESOLUTION NO. 2020-13 - DONNA S. MITCHELL
The City Clerk read Resolution No. 2020-13 into the record, as follows:
WHEREAS, in July 1978, Donna S. Mitchell began her career with the City of Dover's Finance
Department serving as Accountant, Payroll Specialist and Financial Reporting Manager until July
1989 when she left City employment. Mrs. Mitchell returned to the City of Dover as the Finance
Director/Controller/Treasurer on October 16, 2000 and was appointed to the position of City
Manager on December 11, 2017. She will conclude her service on October 30, 2020, with an official
retirement date of June 4, 2021; and
WHEREAS, Mrs. Mitchell's keen intellect, vast accumulated experience, detailed knowledge of the
City's financial and operational systems, and her passion for professional development have equipped
her with a remarkable ability to address questions regarding every aspect of the City of Dover. She
guided Dover through many complex challenges and provided steady leadership through the
COVID-19 pandemic and other matters important to the City; and
WHEREAS, Mrs. Mitchell has thoughtfully developed even-handed fiscal strategies that provided
value to the City's citizens and customers. She has also laid a sound financial foundation for the
future of Dover by prudently managing unfunded liabilities and creating the opportunity to focus on
the City's capital needs, while she carefully considered and remained sensitive to the needs of the
workforce.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
Donna S. Mitchell will be sorely missed and express their sincere appreciation to her and her family
for the dedicated years of service and personal sacrifices made on behalf of the City of Dover, and
wish her and her family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to make this
resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation
and gratitude to Donna S. Mitchell.
ADOPTED: OCTOBER 26, 2020
On behalf of members of City Council and the citizens of the City of Dover, Mrs. Erica Tatman,
Mrs. Mitchell’s daughter, presented Mrs. Mitchell with the Resolution, a Dover Cup, and the key
to the City in recognition of her many years of service with the City of Dover.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 26
Mrs. Mitchell thanked members for the opportunity to serve the citizens of the City of Dover and
expressed her appreciation for all the support that they had given her over the years.
Council President Hare thanked Mrs. Mitchell, noting that it had been an honor and a pleasure to
work with her and that she was always there when they needed her.
Mr. Slavin thanked Mrs. Mitchell for her service to the City, noting that he believed she was a true
public servant and a true servant of others as well. He stated that he would always consider it a
highlight of his career that he could count on Mrs. Mitchell as a colleague and work side-by-side.
Mr. Anderson thanked Mrs. Mitchell for her service to the City twice and the excellence that she
brought. He stated that the City was so much better for her having been there. Mr. Anderson noted
that the City used to have a balance in the thousands and now it has balances in the millions; the
bond ratings have increased; the taxpayers are in a much better position concerning unfunded
liabilities; the City is no longer a hundred million dollars behind the curve; and the future of the
retirees is secure. He stated that the work that Mrs. Mitchell had done was incredible and the passion
that she brought caring for the citizens, whether it was making a simple phone call for something like
a road sign all the way up to bond issues and multimillion dollar transactions. Mr. Anderson noted
that he appreciated Mrs. Mitchell and being able to call her a friend. He thanked her for everything
she had done, noted that she would be missed, and hoped that she would enjoy life in retirement.
Mr. Neil, noting that Mrs. Mitchell worked 24/7 answering emails on Saturday and Sunday, stated
that her successor was going to have very large shoes to fill. He stated that he considered it a
privilege to have had a chance to work with her and he thanked her for her service.
Mr. Sudler stated that he admired Mrs. Mitchell’s work performance and everything she had
accomplished. He noted that he really appreciated how she took the diversity inclusion report to heart
and really valued what information it brought to the City of Dover and what she could do to try to
address those recommendations. Mr. Sudler stated that it had been a pleasure working with her.
Mr. Rocha echoed what everyone had stated, noting that Mrs. Mitchell had been very responsive and
very helpful to him in his short time on Council. He advised that he could just feel it in her spirit
each time they communicated, noting that she had responded after hours to questions and that she
would be sorely missed. He congratulated Mrs. Mitchell on her retirement and hoped that she would
enjoy her travels around the United States.
Mr. Taylor thanked Mrs. Mitchell for modeling excellence on a daily basis, noting that her balanced
approach to everything. He stated that it was soothing, at times, watching her handle some of the
opportunities to showcase her talent. Mr. Taylor advised that there is so much life after the City of
Dover and he encouraged her to go and enjoy it.
Mayor Christiansen, on behalf of the citizens of the City of Dover, as well as himself, thanked
Mrs. Mitchell.
Mr. Anderson moved for adoption of Resolution No. 2020-13, seconded by Mr. Neil and
unanimously carried.
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CITY COUNCIL MEETING OF OCTOBER 26, 2020 PAGE 27
CITY MANAGER'S ANNOUNCEMENTS
Mr. Matt Harline, Assistant City Manager, reminded members that Halloween would be observed
Saturday, October 31st from 5:00 p.m. to 8:00 p.m. He noted that it was an hour earlier to give people
more time to social distance. Mr. Harline stated that they were asking kids, 12 and under, to only go
to those houses with their exterior lights on and to wear face coverings and stick to the Governor's
COVID-19 guidelines. Mayor Christiansen requested everyone to practice Corona Courtesies and
to hand out packaged candy only.
Mr. Harline stated that Council did a great job in the financial acumen that Mrs. Donna Mitchell
brought to the City of Dover. He noted that her work ethic was epic and a tremendous challenge to
the next person who follows her. Mr. Harline advised that they may not have seen every day how
much heart and warmth Mrs. Mitchell brought to the job, noting that she honestly cares about every
one of the City’s employees. He stated that Mrs. Mitchell was one of his mentors and it was an honor
to work with her.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Rocha announce that Thursday, October 29th , from 3:00 p.m. to 6:00 p.m. the West Side Family
Health Care on Forrest Avenue was holding its free fall harvest giveaway of USDA food boxes of
meat, dairy, produce, and eggs. He also noted that they would be giving away COVID-19 hygiene
kits and free flu shots.
Mr. Anderson announced that there would be an event to honor victims of crime and hopefully
discuss some solutions at Legislative Mall the following afternoon from 4:30 p.m. to 6:30 p.m. and
invited anyone who was interested to attend.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 8:09 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of October 26, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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