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REGULAR COUNCIL MEETING
AGENDA
JULY 25, 2016 - 7:30 P.M.
REVISED
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
REVISED TO INCLUDE A NEW ITEM #10 - UPDATE ON PROPERTY TAX BILLING ISSUE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN NEIL
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 11, 2016
2. PRESENTATION - LUTHERAN SENIOR SERVICES OF DOVER, INC. - PAYMENT-IN-LIEU OF
TAXES (PILOT)
3. PRESENTATION - RECOGNITION OF SERVICE - CINDY SMALL - DOWNTOWN DOVER
PARTNERSHIP - JUNE 2008 THROUGH MARCH 2016
4. PRESENTATION - COMIC CON
5. COUNCIL COMMITTEE OF THE WHOLE REPORT - JULY 12, 2016
A. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(1) WESLEY COLLEGE PROPOSAL FOR FORMER DOVER PUBLIC LIBRARY BUILDING
(COMMITTEE REFERRED THE WESLEY COLLEGE PROPOSAL TO CITY COUNCIL FOR
A FINAL DECISION AT THEIR NEXT MEETING)
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COUNCIL AGENDA - JULY 25, 2016 PAGE 2
5. COUNCIL COMMITTEE OF THE WHOLE REPORT - JULY 12, 2016 (CONTINUED)
* B. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
(1) PROPOSED ORDINANCE #2016-18 AMENDING APPENDIX B - ZONING, ARTICLE 3
- DISTRICT REGULATIONS, SECTION 27 - CORRIDOR OVERLAY ZONE 1 (COZ-1),
SUBSECTION 27.66 - BUILDING HEIGHT (SPONSORS: HARE AND HUTCHISON)(SEE
ITEM #9)
(COMMITTEE RECOMMENDED ADOPTION OF THE ORDINANCE)
(2) REVIEW OF ACTIVE RECREATION AREA PLAN (REQUEST FOR CASH-IN-LIEU) -
THE GRANDE, BUILDING 4: PLANNED NEIGHBORHOOD DESIGN - SENIOR CITIZEN
HOUSING OPTION (PLANNING REFERENCE C-15-04)
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE $22,914 CASH-IN-LIEU OF
RECREATION AREA CONSTRUCTION DONATION, AS THE AMOUNT COMPLIES WITH
THE REQUIREMENTS OF THE ZONING ORDINANCE)
* C. UTILITY COMMITTEE
(1) PRESENTATION - STORMWATER UTILITY
(COMMITTEE ACTION NOT REQUIRED)
* 6. QUARTERLY REVENUE REPORT (PRELIMINARY-UNAUDITED)
(STAFF RECOMMENDS ACCEPTANCE OF THE REPORT)
* 7. COUNCIL APPOINTMENT - COMPENSATION COMMISSION - JEAN TAYLOR - TWO (2) YEAR
TERM TO EXPIRE MAY 14, 2018 (DEFERRED DURING THE ANNUAL MEETING OF MAY 9, 2016)
* 8. APPOINTMENTS/REAPPOINTMENTS - RECOMMENDED BY MAYOR CHRISTIANSEN - HISTORIC
DISTRICT COMMISSION - THREE (3) YEAR TERMS TO EXPIRE JULY 26, 2019
A. ERIC S. CZERWINSKI, PROFESSIONAL (TO FILL THE EXPIRED TERM OF
CHARLES A. SALKIN)
B. RICHARD SCRAFFORD, PROFESSIONAL
9. FIRST READING - PROPOSED ORDINANCE #2016-18
THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. AMENDMENTS TO
APPENDIX B - ZONING REQUIRE A PUBLIC HEARING. IT IS RECOMMENDED FOR REFERRAL
TO THE PLANNING COMMISSION ON AUGUST 15, 2016 AND THAT A PUBLIC HEARING BE SET
FOR SEPTEMBER 12, 2016 AT 7:30 P.M., AT WHICH TIME THE FINAL READING AND COUNCIL
ACTION WILL TAKE PLACE. THE ORDINANCE IS 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.
A. PROPOSED ORDINANCE #2016-18 AMENDING APPENDIX B - ZONING, ARTICLE 3 -
DISTRICT REGULATIONS, SECTION 27 - CORRIDOR OVERLAY ZONE 1 (COZ-1),
SUBSECTION 27.66 - BUILDING HEIGHT (SPONSORS: HARE AND HUTCHISON)
(PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE)
10. UPDATE ON PROPERTY TAX BILLING ISSUE
11. CITY MANAGER’S ANNOUNCEMENTS
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COUNCIL AGENDA - JULY 25, 2016 PAGE 3
12. COUNCIL MEMBERS’ ANNOUNCEMENTS
13. ADJOURNMENT
EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL
IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN
ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY
WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE
PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF
"PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH
DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL
EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN
/TM
REVISED 7/25/16 AT 12:45 P .M .
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2016\07-25-2016 REVISED.WPD
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 11, 2016 at 7:30 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson (arrived at 7:31 p.m.), Mr. Sudler, Mr. Neil,
Mr. Lewis (arrived at 7:31 p.m.), Mr. Cole, Mr. Hare, and Mr. Hutchison. Mr. Hosfelt was absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mr. Koenig, City Solicitor
Rodriguez, and Mrs. McDowell. Mrs. Townshend and Fire Chief Carey were absent.
Mayor Christiansen was also present (departed at 7:48 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. John Caldora, Area Coordinator (North Campus) for Wesley College, 120 North State Street,
expressed support for two (2) of the measures on the Consent Agenda - the speed control measures
for North State Street, as amended during the previous Council Committee of the Whole/Safety
Advisory and Transportation Committee meeting, and the installation of the ShotSpotter system,
which was deferred by the Safety Advisory and Transportation Committee during their previous
meeting. Mr. Caldora stated that Wesley College believes those two (2) measures are needed to
protect the community, noting that, on March 16, 2015, one (1) of Wesley’s freshmen was killed
after being hit by a vehicle near the area of the proposed speed control measures. He advised that
she was crossing the intersection of Walker Road and North State Street and was hit by a car turning
onto North State Street. Mr. Caldora stated that it was the College’s hope that these measures would
encourage motorists to slow down and pay attention, increasing the safety of the Wesley community
and their neighbors in the area. Mr. Caldora expressed Wesley College’s gratitude to Representative
Sean Lynn and his staff, Councilmen Neil and Cole, the Old Dover Neighborhood Watch, and the
Delaware Department of Transportation (DelDOT) for their efforts on that project.
Mr. Caldora, referring to the ShotSpotter proposal, stated that Wesley College had noticed that the
Dover Police Department regularly responds to reports of shots fired, including in the area
immediately surrounding Wesley's campus. He noted that, in recent history, shots had been fired
onto the campus property, some involving community members and others targeting their students.
Mr. Caldora advised that this is a state of affairs that cannot be allowed to continue. He stated their
belief that the Shotspotter had been demonstrated to be an effective system in reducing gunshots
within the community, noting its proven track record of accuracy going back 17 years. According
to their research, it had been demonstrated to reduce police response time to incidents by allowing
police to respond without waiting for a 911 call. Mr. Caldora stated that they still need the ongoing
support and vigilance of the Dover police, the Delaware State Police, and the community to succeed
in changing the community and City for the better.
Council President Slavin advised that the Viability of the ShotSpotter Gunshot Detection and
Location Service was scheduled for consideration at the July 26, 2016 Council Committee of the
Whole/Safety Advisory and Transportation Committee meeting and invited Mr. Caldora to attend
to provide input.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 2
The invocation was given by Councilman Hare, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Mr. Anderson requested that item #7 - Discharging the President's Counsel on Public/Private
Partnerships and the Future of City Hall, Weyandt Hall, Former Dover Library, and Other City
Properties, be removed from the Consent Agenda.
Mr. Neil moved for approval of the Consent Agenda, as amended, seconded by Mr. Hare and
carried by a unanimous roll call vote (Hosfelt absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 27, 2016
The Minutes of the Regular Council Meeting of June 27, 2016 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Hare and bore the written approval of
Mayor Christiansen.
PRESENTATION - DAVID EDGELL - SERVICE ON THE PUBLIC ADVISORY
COMMITTEE OF THE METROPOLITAN PLANNING ORGANIZATION (MPO) -
JANUARY 2000 THROUGH JULY 2002 AND SILVER LAKE COMMISSION - MAY 2000
THROUGH MAY 2016
On behalf of members of Council, Mayor Christiansen presented Mr. Edgell with a Dover Cup in
recognition of his many years of service on the Public Advisory Committee of the Metropolitan
Planning Organization (MPO) and the Silver Lake Commission.
Mr. Edgell thanked members of Council for the opportunity to serve, noting that it was time to allow
room for new members with new ideas.
PRESENTATION - CINDY SMALL - SERVICE ON THE DOWNTOWN DOVER
PARTNERSHIP - JUNE 2008 THROUGH MARCH 2016
The presentation for Mrs. Small was deferred due to her absence.
PRESENTATION - DOROTHY SNYDER - SERVICE ON THE DOVER PUBLIC LIBRARY
ADVISORY COMMISSION - JUNE 2001 THROUGH JUNE 2016
On behalf of members of Council, Mayor Christiansen presented Mrs. Margie Cyr, Library Director,
with a Dover Cup in recognition of Dorothy Snyder’s many years of service on the Dover Public
Library Advisory Commission.
Mrs. Cyr assured members that she would deliver the Dover Cup to Mrs. Snyder. She noted that
Mrs. Snyder served the Library Commission for 16 years, and she was an unwavering supporter and
a real champion for the library and all of their projects. Mrs. Cyr advised that Mrs. Snyder was
devoted to the City of Dover and thanked her very much for her service.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 3
PRESENTATION - COLONEL ROBERT D. WELSH, RETIRED - SERVICE ON THE
PLANNING COMMISSION - JULY 1998 THROUGH JUNE 2016
On behalf of members of Council and the citizens of the City of Dover, Mayor Christiansen
presented Colonel Robert D. Welsh, Retired, with a Dover Cup in recognition of his many years of
service on the Planning Commission.
Colonel Welsh thanked the Mayor and Council for the honor of serving the City Dover for 18 years.
He recalled playing golf with former Mayor Hutchison and mentioning that he had lived in Dover
for a long time and felt that he had an obligation to the community. Colonel Welsh had indicated
that if the Mayor had a committee that he could serve on, he would be glad to do that. About a week
later, he got a phone call from Mayor Hutchison asking him to serve on the Planning Commission.
Colonel Welsh stated that, after 18 years, he thought it was time to move on and let somebody else
come in with some new ideas and give him a little more time to spend on the golf course and to
watch Monday Night Football. He stated that it has been a real honor, he loves the City of Dover,
and he was proud to have served.
PRESENTATION - MAURICE SENDAK: 50 YEARS, 50 WORKS, 50 REASONS
MEMORIAL EXHIBITION
Mrs. Margery Cyr, Director of the Dover Public Library, and Ms. Catherine Wimberley, Head of
Youth Services, provided a presentation entitled “The Monsters are Coming July 29 to
September 11” (Exhibit #1). They explained that a Maurice Sendak: 50 Years, 50 Works, 50
Reasons Memorial Exhibition was scheduled to take place from July 29 through November 11, 2016.
Members were provided a flyer listing the details of the exhibition (Exhibit #2). They noted that the
exhibit and interactive art would be on display in two (2) locations - the Dover Public Library and
the Biggs Museum of American Art. Additionally, they advised that they had partnered with several
organizations in Dover to create programs that complement the exhibit, noting that The Children's
Theater of Dover and the Ballet Theater of Dover will be putting on performances inspired by
Sendak's works at the Schwartz Center for the Arts, The Grey Fox Grille will be hosting a breakfast
with the monsters, and there will be a film screening of “Where The Wild Things Are” on
Loockerman Way Plaza on September 3rd. Mrs. Cyr advised that this would be the only stop for the
exhibit in Delaware and she encouraged the community to attend.
Mr. Neil pointed out that Council President Slavin recently had an excellent op-ed piece regarding
Council’s concern for its youth, and he thought this was a marvelous example of Council’s concern
and what is available. He applauded the library, its staff, and the integration of all of the events,
which are marvelous, and he hoped the exhibit would have an outpouring from Dover and the
surrounding area.
DOVER HUMAN RELATIONS COMMISSION REPORT - MAY 25, 2016
The Dover Human Relations Commission met on May 25, 2016 with Chairman
Henderson presiding.
Election of Chair - Communications Committee
Mr. Henderson advised members that Commissioner Griffith, former Chair of the
Communications Committee, had resigned from the DHRC.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 4
Mr. McGiffin noted that Ms. Griffith was serving on the Delaware Commission for
Women.
The Commission deferred the election of the chair for the Communications
Committee until the next meeting, due to vacancies on the Commission.
Mr. Roach advised members that he would also be leaving the DHRC, as he would
be serving on the Planning Commission.
Mr. Henderson stated that Mayor Christiansen and Council President Slavin had
advised him that there was a conflict because he was serving as a City Chaplain and
also as a member of the DHRC. He stated that he must make a choice regarding
which office he would like to continue to hold.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (McGiffin)
Mr. McGiffin indicated that City Council had approved the Government Policy,
Programs, and Practices (GPPP) Committee’s plan to conduct an online survey of
employees with regard to diversity in the City of Dover. He stated that Mr.
Andy Siegel, Information Technology (IT) Director would put the survey online.
Mr. McGiffin indicated that when the results are tallied, he and Mr. Henderson would
prepare a report, estimating that it would be complete in June or July 2016.
Mr. McGiffin suggested that Mr. Henderson prepare a brief invitation to employees
to complete the survey.
Community Engagement Committee (Roach)
During the City Council meeting of February 22, 2016, members approved the
Commission’s recommendation that Dover High School students be asked to create
a logo for the DHRC in exchange for a $50 gift certificate. During the DHRC
meeting of April 20, 2016, Mr. Roach indicated that he would discuss this with the
Art Department at Dover High School, and if he received submissions in a timely
manner, he would request that review of the logos be added to the next meeting
agenda.
During the DHRC meeting of May 25, 2016, Mr. Roach stated that he had a
conversation with the art and graphic design instructors at Dover High School, who
both indicated that they would be happy to put this challenge to their students. He
suggested that the next agenda include discussion regarding when submissions
would be received for review, how the gift certificate would be awarded, and whether
the certificate should be presented before City Council. Mr. Roach advised that he
expected to have logo submissions in hand around the time of the next meeting, since
he planned to meet with Dover High staff next week. He noted that the school year
would end June 6, 2016 and that staff indicated they could incorporate this into an
end-of-the-year project.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 5
Mr. Roach reiterated that he had accepted an appointment on the Planning
Commission and planned to submit his resignation from the DHRC. He advised
members that serving on the DHRC under the tutelage of Mr. McGiffin,
Mr. Henderson, and former DHRC chairs Mr. Cecil Wilson and Ms. S. Renee Smith
had given him greater understanding. Mr. Roach stated that his service had been an
eye-opening experience regarding human relations in the City of Dover and offered
to serve in any capacity allowed in regard to the DHRC logo. Mr. Roach also offered
to leave contact information for Mr. Dionta Cox, who had taken photographs of the
DHRC members during their meeting of April 20, 2016, in case additional pictures
were needed in the future. Mr. Roach stated that he was in contact with Councilman
Sudler in regard to a task force related to gangs, and he planned to be involved in this
as a citizen rather than as a Commissioner.
In response to Mr. Henderson regarding the status of the Reach One, Teach One
Challenge mentoring project, Mr. Roach stated his belief that Commissioner Bogle
was spearheading that venture.
Ms. Mullen advised members that she had reached out to several civic associations
and was on the agenda for Capital Park on July 12, 2016 and the White Oak/Towne
Point Civic Association for August 19, 2016 to explain what the DHRC is about.
She questioned if there was a DHRC brochure or if this information is on the City’s
website. Responding, Mr. Roach explained that the website has information that
includes the DHRC’s mission statement, vision, members’ bios, and the Dover
Human Relations Commission 2015-2018 Strategic Plan. He suggested that an item
be placed on the next agenda to discuss developing a palm card for the DHRC,
perhaps including the mission statement and vision.
Education Committee (Bogle)
Commission deferred the Education Committee Update until the next meeting, due
to the absence of Commissioner Bogle.
Communications Committee
Mr. McGiffin stated his understanding that the DHRC was planning to staff a table
at the upcoming African American Festival. (City Clerk’s Office Note: During their
meeting of February 22, 2016, City Council approved the Commission’s
recommendation that the Communications Committee work up a plan to recommend
the DHRC’s presence at the African American Festival this year. During their
meeting of April 25, 2016, Council approved the Commission’s recommendation to
allocate $200 for the African American Festival from the DHRC budget.)
Mr. Roach stated that the purpose of participating in the African American Festival
was for members to become known in the community; however, he noted that there
were only a few members that could potentially attend. Ms. Mullen advised that she
could not attend. Mr. McGiffin felt that it would be a mistake to participate this year,
due to the limited number of members who could participate.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 6
Responding to Mr. McGiffin, Mr. Roach stated that he was unsure if former
Commissioner Griffith had reached out to Mr. Salters regarding a table at the festival.
Mr. Roach felt that spending money on a table and attempting to get donations of
water to distribute did not seem feasible because only Mr. McGiffin and
Mr. Henderson had confirmed that they were able to be at the festival.
Due to the lack of Commissioners available to attend, the Commission voted to
forego participation in this year’s African American Festival.
Old Business
DHRC Vacancies (First and Fourth Districts)
Mr. Henderson stated that he would talk to Council President Slavin regarding the
DHRC vacancies for the First and Fourth Districts.
Mr. Roach stated that, due to the fact that he would be leaving the DHRC, he would
do everything in his power to make one (1) or two (2) recommendations for DHRC
representatives from the Fourth District. He noted that there were two (2) vacancies
in the Fourth District.
In response to Mr. McGiffin, Mrs. Jody Stein, Administrative Assistant, City Clerk’s
Office, advised that there were two (2) vacancies in the First District.
Mr. McGiffin suggested that members commit to trying to coming up with names to
suggest individuals for appointment to the DHRC and that these be submitted
through the City Clerk’s Office.
By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission
Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
COUNCIL COMMITTEE OF THE WHOLE REPORT - JUNE 28, 2016
The Council Committee of the Whole Meeting was held on June 28, 2016 at
6:00 p.m., with Council President Slavin presiding. Members of Council present
were Mr. Anderson (arrived at 6:05 p.m. and departed at 7:27 p.m.), Mr. Sudler, Mr. Neil,
Mr. Cole, Mr. Hosfelt, Mr. Hare, and Mr. Hutchison (departed at 7:21 p.m. and returned
at 7:28 p.m.). Mr. Lewis was absent. Mayor Christiansen was also present. Civilian
members present for their Committee meetings were Mr. Keller and Mr. Shelton
(Safety Advisory and Transportation), and Ms. Stewart (Legislative, Finance, and
Administration). Mr. Shevock was absent.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Councilman Hosfelt
presiding.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 7
Presentations
Speed Control Measures - North State Street
Mr. Mike Somers, Senior Transportation Planner, Delaware Department of
Transportation (DelDOT), and Mr. Glenn (Guy) Pusey III, Engineering Designer,
RK&K, introduced themselves. Mr. Somers advised members that they were asked
to address speeding concerns on North State Street and had worked with a committee
and Representative Sean Lynn, 31st District, to come up with some ideas.
Mr. Somers stated that they had a difficult time trying to find something the
community would accept because many of the measures considered would take away
a lot of the parking in the area due to the way State Street is laid out.
Mr. Somers reviewed a presentation entitled “North State Street Proposed Median
Island Chicane.” Referring to the overhead rendering of the chicane, he explained
that their last effort resulted in a proposed median for the section of North State
Street between Pennsylvania Avenue and Columbia Avenue. Mr. Somers stated that
the idea was to slow drivers as they come into the corridor. He felt this would be
effective in this specific area; however, it would not extend all the way down the
street, noting that nothing done in one (1) place would change the nature of all the
traffic. Mr. Somers noted that State Representative Sean Lynn had worked with the
homeowners in the immediate area and they did not oppose the concept.
Mr. Somers explained that the idea was to slow traffic as it enters, noting that there
were two (2) general ways to do this: 1) vertical measures, like speed humps, which
no one had wanted on State Street; and 2) horizontal measures, such as the median.
He noted that a chicane would accommodate trucks and all other vehicles. There
would be no need for traffic to stop, but it would slow as it passes through.
Mr. Hutchison questioned if one-way streets were considered. Responding,
Mr. Somers indicated that this had been discussed; however, the City did not want
to go in this direction just yet. He noted that State Street and Governors Avenue
could possibly be paired for one-way traffic; however, the down side to that concept
would be that one-way streets tend to increase traffic speed since drivers are all
traveling in the same direction. On the positive side, Mr. Somers stated that this
measure would provide extra space on the outside of the road that could be pinched
in to slow traffic if everyone was traveling in one (1) direction.
Mr. Hutchison indicated that he liked the idea of traffic continuing to travel north and
south and slowing down approaching traffic.
Mr. Slavin stated that another solution that involved taking out one (1) of the inlets
to the cemetery in the area had been conceptually proposed. Mr. Somers pointed out
the small access road into the graveyard opposite Columbia Avenue. He explained
that they had asked the church that maintains the graveyard about the possibility of
realigning this intersection, which would create a semi-circular island that would
cover that access and a three-way stop. Mr. Somers advised there had been potential
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 8
to modify this area to allow traffic to exit; however, enough modification could not
be made to let traffic enter as well. The church was against this concept; therefore,
it was not pursued.
Mr. Slavin commented that a solution was needed in this neighborhood, noting that
he lives in this area and is very aware of the concerns. He stated that there was a high
frequency of vehicles speeding in both directions. Mr. Slavin thought that part of the
issue was that the road becomes wider for cars traveling northbound because no one
parks in front of the cemetery. The downtown area is choked, causing drivers to slow
down, and the sudden crest that leads to the causeway across Silver Lake naturally
causes people to accelerate. Mr. Slavin advised that he had seen solutions similar to
the median in place and believed that they help to calm traffic.
Referring to the depiction of the chicane from a driver’s view, Mr. Somers advised
that brickwork had been assumed since this was the most common material used;
however, he noted that there could be concrete, a pebble look, or other potential
measures.
Mr. Slavin stated that, in his experience, anything that disrupts the view of an
unimpeded road causes drivers naturally to not accelerate.
Mr. Somers advised that the chicane would contain the field of vision. In addition,
he stated that the 25 m.p.h. zone stops just north of Pennsylvania Avenue and
suggested this be extended to the corner of Columbia Avenue.
Mr. Cole moved to recommend moving forward with the proposed median, seconded
by Mr. Neil.
Ms. Laura Chupp, 315 North State Street, explained that she lives at the corner of
Hazel Road and State Street and she has two (2) young children who play outside and
safety is a very important aspect of the community for her and her family.
Ms. Chupp stated that she agreed with the proposal; however, she wondered if a
second median was needed further toward Division Street. She advised that she lives
close to Wesley College and traffic in front of her house in the middle of the night
is very fast. Ms. Chupp indicated that a lot of families with kids live in this area and
questioned if a second median could be proposed at a later time, or if a secondary
measure could be in the works closer to the downtown area. In response, Mr. Somers
stated that they had tried to look at the entire length of the road; however, they could
not go much further than Columbia Avenue or perhaps the next street because this
would be closer to the stoplight. He indicated that there would be problems because
a measure like the median would take all of the frontage, so there would be no
parking from approximately 50 feet before the median to 50 feet after it. Mr. Somers
stated that if it were put further down, parking would be eliminated for two (2) or
three (3) houses on each side of the road. He explained that he was not saying that
this was not possible; however, he felt there would be a community fight and the City
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 9
would have to decide whether they would do this. It was not included in the proposal
because of this issue.
Mr. Slavin stated that most, if not all, of the houses along North State Street from
Hazel Road north have off-street parking, including driveways or garages, so the
impact may not be as much as believed. Responding, Mr. Somers stated this was
correct, noting that there is a service road on the west side that goes back behind most
of the houses, if not all of them. However, he explained that when dealing with the
public on such matters, he typically finds that many people are not thinking about the
practicality and feasibility of the project but about selling their houses eventually,
which causes resistance.
Mr. Cole stated that this issue came up during some of the meetings that were held
related to this project. Some people had expressed concern about what would happen
if this measure was located in front of their houses when they want to sell them.
Ms. Sara Herbert, 223 North Bradford Street, stated that one (1) of the things that the
old Dover Neighborhood Watch had noted was that there was already a speed
monitor at that end of the street and they wanted it to be moved up the street and
turned so that it would face south. People driving by Wesley College would go
through the crosswalk that was marked for children and would then be able to see
their speed when they pass Hazel Road. She stated that Representative Lynn was
aware of this suggestion. Mrs. Herbert felt that the speed monitor would help stop
traffic heading north on State Street and the median would stop people heading south.
Responding, Mr. Hosfelt stated that this could be looked at with City staff, noting
that the City has the ability to change the location of these signs.
Ms. Herbert advised that one (1) gentleman had volunteered to have the monitor
placed in front of his house.
Mr. John Caldora informed members that he represented Wesley College at
120 North State Street. He indicated that Wesley College supported the speed
control measures because they thought they were necessary to protect their
community. Mr. Caldora informed members that one (1) of their freshman students,
Brittany Paige, was killed last year at the cross section of Walker Road and North
State Street near where the measures were proposed. He advised that Ms. Paige was
an education and special education major from Maryland and a bright and warm
person who was greatly missed. Mr. Caldora felt that the proposed measures would
encourage motorists to pay attention and slow down in the area. He thanked
Councilmen Neil and Cole, the Old Dover Neighborhood Watch, and DelDOT for
their efforts on this project.
Mr. Keller questioned where the speed limit increases on State Street. In response,
Mr. Somers advised that it currently increases just to the south of the measure, which
would be slightly to the north of Pennsylvania Avenue.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 10
Mr. Keller asked if it would be feasible for the 25 m.p.h. speed limit to continue
through that section. Responding, Mr. Somers suggested extending the 25 m.p.h.
speed limit to the corner to encompass this measure, stating that if they had to design
for 35 m.p.h., the project would be bigger than proposed. He stated that the size and
shape of the project would be dependent upon the speed since the faster the speed,
the more open it would have to be, and the less it would slow people down. In
response to Mr. Keller, he confirmed that they had already taken a 25 m.p.h. speed
limit into consideration.
Mr. Cole moved to amend the motion to include a 25 m.p.h. speed limit throughout
the measure. The amendment was seconded by Mr. Neil.
Mr. Slavin questioned if the 25 m.p.h. speed limit would extend through the entire
length of North State Street. Responding, Mr. Somers indicated that the speed limit
would apply through the measure.
Mr. Slavin asked what the impact would be if the 25 m.p.h. speed limit was extended
all the way to Walker Road. In response, Mr. Somers stated his belief that this had
been requested previously; however, warrants were not met. He indicated that there
was a history on that request and apologized that he had not brought the data with
him. Mr. Somers advised that warrants could be met with the addition of the
proposed phase, but carrying it all the way down to Walker Road would be a different
issue.
Mr. Slavin stated that members could recommend that the City deal with DelDOT
on this idea, noting his preference for a 25 m.p.h. speed limit all the way down to
Walker Road. From his experience, if drivers are given a moment to accelerate, they
will accelerate. He indicated that Mr. Cole could clarify his motion to state that he
had intended to recommend a 25 m.p.h. speed limit all the way down to
Walker Road.
Mr. Cole stated his belief that this was what most of the residents had been hoping
for and questioned if this could be done. Responding, Mr. Slavin advised that this
was a State road and the City would be making a recommendation.
Mr. Cole clarified that the motion was intended to include a 25 m.p.h. speed limit to
the intersection on Walker Road, and Mr. Neil stated that he agreed.
The Committee recommended moving forward with the proposed median and that
the 25 m.p.h. speed limit be extended to the intersection on Walker Road.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 11
Proposed Service Road Behind the Mall
Mr. John Paradee of Baird, Mandalas, Brockstedt, 6 South State Street, reviewed a
presentation entitled, “June 28, 2016 Presentation to City of Dover Transportation
Committee Collector-Distributor Road Modification to the Scarborough Road
Interchange.” He advised members that this presentation grew out of the Delaware
Department of Transportation (DelDOT) 2007 U.S. Route 13 Corridor Study.
Mr. Paradee indicated that he would not be asking the City for money but for moral
support through the Dover/Kent County Metropolitan Planning Organization (MPO)
prioritization process. Mr. Paradee referred to the executive summary of the 2007
U.S. Route 13 Circulation Study, which identified the Collector Distributor Road
Modification to the Scarborough Road Interchange. He explained that this would be
a service road extension off the Scarborough Road interchange running parallel and
just west of State Route 1 and would ultimately result in an east-west connector road
running between the Dover Mall and Dover Downs to Route 13. Mr. Paradee noted
that, since the 2007 Route 13 corridor study was performed, continuing growth and
development had strained the existing roadway infrastructure. He informed
members that there were a number of significant users in the area, including a few
institutions of higher learning, a NASCAR track, a huge retail mall, and recent
special events to the west, such as the Firefly Music Festival. Mr. Paradee indicated
that he represented Western Development, the owners of the Dover Mall. He stated
that discussions had started with DelDOT and the General Assembly two (2) years
ago about how to move forward with this project, and in last year’s Bond Bill, the
General Assembly authorized DelDOT to conduct three (3) studies, including a
feasibility study, a toll study, and a wetlands delineation to determine whether or not
the project could move forward. Mr. Paradee advised that a feasibility study was
recently completed and a copy was provided to the City electronically. He noted that
after spending a lot of money and studying this with many experts, the conclusion
was that the road modification being discussed was feasible and would relieve
congestion, improve circulation, and enhance traffic safety. Mr. Paradee stated that
it would also foster and accommodate continued economic growth and development
in the corridor. He advised that this was important due to the strained infrastructure
system and many users who were trying to grow but could not, noting that this was
a chicken and egg problem. Mr. Paradee indicated that the Dover Mall owns
approximately 88 acres to the east, behind them and they were proposing to expand
to triple the current size of the mall; however, they cannot without the traffic
infrastructure. He stated that current users were having trouble, noting that Sears was
thinking about leaving and, in all likelihood, would do so in the near term.
Mr. Paradee felt that other users in the area would continue to suffer severe stress if
efforts are not made to improve the infrastructure system.
Mr. Paradee informed members that the next steps would be to conduct a toll study.
DelDOT had already picked a consultant to perform the study, which would be
concluded sometime this year. He stated that wetlands delineation was also
underway and would hopefully be concluded early next year. Mr. Paradee indicated
that the owners of the Dover Mall were paying all of the costs of the studies, so there
would be no cost to State citizens. He advised that once the project is completed
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 12
through the design stage, construction costs were estimated at approximately $15M,
which he felt was reasonable, noting that the project would involve a service road and
ramps and would not include a lot of overpass work. Mr. Paradee estimated the cost
at a little more than half the cost of two (2) interchanges that were recently
constructed in north Frederica and another under construction in south Frederica. He
felt that this was a good value for the money and a low cost investment in terms of
what would be received in economic development and traffic safety, noting that the
project would all be funded by additional toll revenue. Mr. Paradee indicated that
tolls would be placed on the north and south side so that those who use the road for
access and convenience would pay for this privilege. He stated the expectation that
the additional toll would be approximately $0.50, which would pay for the entire
design and construction of the improvements. Mr. Paradee was hopeful that they
would reach the design phase sometime in the next year and, if the project moves
forward, he believed it could be completed within four (4) years.
Mr. Paradee indicated that the City’s support was vital. He stated that they were
performing study and analysis work currently but would not commit to moving
forward with the project unless and until the Dover/Kent County MPO escalates the
project’s priority. Mr. Paradee explained that the project was already in the MPO
priority list but was presently approximately two-thirds down the list. He requested
that the City support elevating the priority of this project before the Dover/Kent
County MPO due to its value compared to the funds required. Mr. Paradee indicated
that this area is important to the City, Kent County, and the State of Delaware to
improve traffic safety and circulation, and at the same time encourage continuing
economic development in the Route 13 corridor. He felt that these goals could not
be accomplished without alleviating a lot of the pressure in this area.
Mr. Neil questioned if the City Manager had any concerns about this request.
Responding, Mr. Scott Koenig, City Manager, stated that there were no negatives to
this proposal from the City’s standpoint, especially if construction costs could be
recovered through a new user-based toll. He advised that the City met with different
developers approximately a dozen time in the last decade to talk about the expansion
of the Dover Mall. Mr. Koenig informed members that there had been a general
complaint regarding the direction that the mall seemed to be going, and if this would
ignite the next round of investment in the mall, as well as the potential for spin-off
business or additional development, he felt it was feasible and worthwhile. He
indicated that several concepts had been discussed, and he was unsure which were
being currently pursued. Generally, Mr. Koenig thought it would be an improvement
to this area, would spur additional development on U. S. Route 13, and may
encourage additional annexation into the City on the north side of the mall over the
long run. It would also be helpful for commercial development on the highway.
Mr. Koenig had no objections to the proposal, feeling that it was a great idea to try
and recover the cost through the toll revenue because he was unsure that there was
any other way to get this done at this point.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 13
Mayor Christiansen advised members that he serves as the Vice Chairman of the
Dover/Kent County MPO. He felt that this was a very admirable idea and that
Mr. Paradee had made a great point that it would be an economic development tool.
Mayor Christiansen expressed the need to move forward as rapidly as possible. He
asked, since this was a Council Committee of the Whole meeting, that members
authorize him by consensus to send or carry a letter to the July 6, 2016 meeting of the
MPO requesting that this project be moved up in priority. Mayor Christiansen
reminded members that, over the last year-and-a-half, Secretary of Transportation
Jennifer Cohan had been very receptive to the needs of Kent County. He felt that the
sooner that the City submits this letter, the sooner this could happen.
Mr. Neil moved to recommend authorizing the Mayor to provide a letter at the
July 6, 2016 meeting of the Dover/Kent County MPO requesting that the proposed
Dover Mall Service Road be elevated on the MPO transportation prioritization list.
The motion was seconded by Mr. Hutchison.
Mr. Hare felt that this project was long overdue. He reminded members that
Christiana Mall ran into this same situation years ago because the mall wanted to
expand and it was difficult to exit Route 1 into the mall and a lot of changes were
made in that area. Mr. Hare advised that he had suggested to those coming north
from the beach that they stop at the Dover Mall; however, they felt it was easier to
go on to Christiana. He felt that easy access to the mall and that area would spur
business and that the City should pursue moving this project to the top five (5) or top
of the list.
Mr. Paradee indicated that they had done marketing studies that demonstrated that
a number of users traveling north and south through the State of Delaware simply
bypass Dover because it is too congested.
Mayor Christiansen requested that Mr. Paradee provide the verbiage on exactly what
he was requesting and indicated that, if it pleased Council, he would initiate that
letter, copy members of Council, and personally carry it to the meeting on
July 6, 2016.
The Committee recommended authorizing the Mayor to provide a letter at the
July 6, 2016 meeting of the Dover/Kent County MPO requesting that the proposed
Dover Mall Service Road be elevated on the MPO’s transportation prioritization list.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
Review of Bicycle/Pedestrian Subcommittee Recommendations - Senator
Bikeway Design Concept
Mr. Scott Koenig, City Manager, advised members that City staff, including the
Planning Department, Parks and Recreation Department, City Manager’s Office, and
Public Works Department, had been working with the Delaware Department of
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 14
Transportation (DelDOT) and their consultants on expanding the transportation
network using bicycle and pedestrian improvements throughout the City. He noted
that a lot of hard work and thought had gone into the presentation and expressed his
hope that Council would endorse the concept. Mr. Koenig felt this would be a major
improvement to the capital city for bicycling and pedestrian transportation, especially
through the downtown area.
Mr. Anthony Aglio, Planning Supervisor, Delaware Department of Transportation
(DelDOT), explained that he is not a formal member of the Bicycle/Pedestrian
Subcommittee; however, he attends almost every meeting and works with its
members. He stated that the City had adopted a bicycle plan earlier this year, and the
first recommendation of the plan was the Senator Bikeway design concept.
Mr. Aglio advised that this is an east/west bicycle route that would include off-road
and a few on-road areas and would connect West Dover, from Dover High School,
to East Dover extending across Route 13. Since the route would connect an
elementary school, middle school, and the high school, it was named the Senator
Bikeway. Mr. Aglio noted that DelDOT had hired a consultant to develop this
concept and allocated approximately $720,000 for the first phase. He explained that,
in working with the Subcommittee, due to time constraints, a first phase was
developed that they believed would be digestible. This would include developing a
plan set and moving the project forward to construction in FY 18, noting that they
would like to start construction at approximately this time next year.
Mr. John Hermes, Century Engineering, informed members that his firm had been
hired by DelDOT to work on the Senator Bikeway and that it was hoped to obtain
City Council’s support. He reviewed a presentation entitled “Senator Bikeway
Trail”. Mr. Hermes advised that the western limit of the project would be Route 8
at Dover High School. The goal would be to provide a separated facility so cyclists
would not have to ride in the roadway. Mr. Hermes noted that there are currently
sidewalks and a multi-use trail on one (1) side of the route; however, this passage is
small and not Americans with Disabilities Act (ADA) compliant. He noted that it is
ultimately planned to widen the route to 10-12 feet on both sides of the road from
Mifflin Road to Saulsbury Road.
Mr. Hermes indicated that the next section of the bikeway would be a hot mix surface
extending from Saulsbury Road to the railroad tracks that would include a 10-foot
wide facility on the north side of the route. After crossing the railroad tracks, the trail
would take the first left onto West Street and north to Fulton Street. It would extend
down through Wesley College and continue on Delaware Avenue through the Central
Middle School property and connect to Silver Lake Park, where there is an existing
pedestrian bridge. Mr. Hermes explained that this route was being considered
because there was no good opportunity to cross the river on Division Street using
existing facilities. The proposed trail would tie well into the park and would also
save the money that would have been needed to construct a new bridge. Mr. Hermes
indicated that the trail would continue out to White Oak Road from Silver Lake Park
and cross Route 13 at the Dunkin’ Donuts location, which is an area of high usage.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 15
He stated that DelDOT had considered having the trail extend straight on Division
Street; however, there were not as many cyclists or pedestrians crossing at that
location. Mr. Hermes felt that the proposed route also included more locations that
people on the west side go to or come from.
Mr. Hermes explained that Capital School District was supportive of the project, as
were planning organizations such as the Dover/Kent County Metropolitan Planning
Organization (MPO). He indicated that the project was too large to complete all at
once and must be broken into phases, noting that multiple meetings would be needed
due to the many concerns involved. Referring to page 5 of the presentation, Senator
Bikeway Trail - Phase 1, he explained that Phase 1 had been identified as a portion
of the route where construction could begin within the next year and also addressed
an immediate need in the cycling community. Phase 1 would extend from Saulsbury
Road in front of the elementary school and down to West Street, where it would
terminate. Mr. Hermes explained that this area was a priority because there are no
good pedestrian or bicycle facilities there now, noting that cars drive up to the
parking area on this route and the sidewalk is narrow. A 10-foot wide pathway was
proposed on the north side of the road from Saulsbury Road to Weston Drive, where
there is a new signal. Mr. Hermes advised that they planned to look into landscaping
and adding trees north of the pathway to provide shade and greenery where the
sidewalk exists today. He stated that the Capital School District was very supportive
and loved the idea of better access for those walking to the school.
In reference to page 6 of the presentation, Proposed Cross Section - Division Street
between Weston Drive and Railroad Avenue, Mr. Hermes informed members that
this section of the trail would be key. Referring to pages 7 - 12, he explained that a
parking study was done for the area from Weston Drive to the railroad tracks in
conjunction with MPO. It was determined that the parking on the north side of the
route is not heavily used, and a multi-use trail was proposed in place of that parking.
Mr. Hermes stated this 10-foot-wide, multi-use pathway would use the existing
parking on only the north side. This would allow for a three (3) to four (4) foot
buffered area with painted striping on the ground and delineators to provide
separation between vehicles and bicyclists, while still maintaining sidewalks so that
people can walk. Mr. Aglio noted that parking would remain on the south side of the
roadway.
Mr. Hermes stated that removal of parking is typically a sensitive issue, explaining
that a parking study had been done for this area, which contains on-street parking, as
well as a substantial amount of off-street parking. He advised that the section from
Weston Drive to Railroad Avenue has 22 existing spaces on the north side and 20 on
the south. Mr. Hermes stated that they observed the number of spaces being used at
different times throughout the day, which were indicated on page 8. For example,
between 6:00 a.m. and 7:00 a.m., only five (5) of the 22 spaces on the north side were
being used. During the busiest times, less than 50% of the parking was being utilized
at any one (1) time. Referring to the pictures taken at various times of the day on
pages 9-12, Mr. Hermes pointed out a cyclist in a photo taken between 6:00 p.m. and
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 16
7:00 p.m., noting that the cyclist was riding right next to cars and stating the desire
to provide protection in this area.
In regard to maintenance of the trail, Mr. Hermes stated that there would be
additional striping and plastic delineators, noting that DelDOT would maintain the
delineators and restore them if hit. He stated that, because this would be a 10-foot
wide area plus an additional buffer, a streetsweeper could maintain and navigate this
roadway and meet any regulations or requirements. Mr. Hermes indicated that snow
removal would be an issue and DelDOT would be responsible for the road in this
area. In terms of getting to the extra small 10-foot wide pathway, he stated that they
would continue to talk to Mr. Brian Urbanek, Assistant Director, Statewide Support,
DelDOT, and DelDOT maintenance in this regard, and there may be a need to use
special equipment. Mr. Hermes noted that the idea is that the roadway would remain
open and at some time DelDOT would have to get to the cycle track in that area. He
indicated that they were looking for support regarding removal of parking on the
north side of the trail, reiterating that parking would remain on the south. He stated
that they were planning a meeting with property owners on both the north and south
sides this month to review the individual locations. Mr. Aglio noted that they met
with the funeral home in this area.
Mr. Hermes stated that, as part of the MPO’s Capital Gateway project, they had
reached out to some of the property owners and there had been a positive reaction in
general. Property owners had indicated that they like the parking, but were willing
for it to be removed and supportive of the project. Mr. Hermes noted that Mr. Aglio
had stated that approximately $720,000 had been committed to the project, although
Mr. Hermes’ presentation had indicated $740,000. He reiterated that DelDOT had
committed funding to the project, the design was paid for, construction had been set
up for next year, and the City of Dover would not have to spend money this year to
implement the project. Mr. Hermes advised that this was the first of many phases,
the concept would be continuous, and as soon as this phase is complete they hoped
to move right into the next phase. He indicated that the next phase had not yet been
determined; however, it would also be within this corridor, noting that this was
dependent upon various factors, such as right-of-way, permitting, and approval from
these committees.
Mr. Slavin thanked Mr. Aglio, Mr. Hermes, and members of the Bicycle and
Pedestrian Subcommittee for their continued work on this project. He believed it
was a nice vision and he was glad to see it coming together. Mr. Slavin questioned
the location of the existing pedestrian bridge where the trail would cross the St. Jones
River. Responding, Mr. Aglio explained that the crossing of the river at the bridge
in Silver Lake Park would be used. He noted that the crossing may need to be
upgraded or widened; however, the permitting would be much less significant than
creating a new bridge. Mr. Aglio advised that the trail would be brought around the
back of the middle school and cross one (1) private property.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 17
Mr. Hermes explained that there are two (2) utility crossings that pedestrians walk
over along Division Street that are encased in concrete. They had considered trying
to make use of these crossings or putting a new structure next to them, but the cost
was substantial. Mr. Hermes indicated that the existing utility concrete walkways
could not be used for bridges.
Mr. Slavin stated that he had been concerned that the crossing next to the Division
Street bridge was being discussed. Responding, Mr. Hermes stated that, in the long
term, they would like to see a bridge there; however, this would have to be a separate
structure, and there is a utility and a lot of other concerns there. This had not been
ruled out; however, currently they felt that connecting the school to the park and
having easier access to White Oak Road would be beneficial.
Mr. Aglio noted that the school has an outdoor classroom next to the river that they
access and they thought the trail would help students get to and from this location.
In response to Mr. Hosfelt, Mr. Hermes stated that members would like a
recommendation that this initiative move forward to Council.
Mr. Scott Koenig, City Manager, recommended that the Committee and Council
endorse the concepts of the Senator Bikeway Trail. He noted that there would be
public hearings and the plan would be refined so that construction could hopefully
begin next summer. Mr. Koenig stated the desire to continue the momentum of
funding going into the capital city from DelDOT. He indicated that there had been
a lot of road investment, and now off-road investment was occurring. Mr. Koenig
noted that there are a lot of other investments that the City would like DelDOT and
the State to make in the City. He expressed his understanding that there would be
maintenance obligations for the City at some point because some of the off-road
alignment would be on City streets, and the City would likely take on maintenance
responsibilities in City parks. Mr. Koenig advised that there had been in-depth
discussion about the crossing of the St. Jones River and the concerns with attaching
any type of bridge structure to the utility crossings. While this sounded like a good
idea at first, in the end none of the engineering staff supported this concept because
of the potential for failure and having to take the structure down for maintenance.
Mr. Koenig stated that the proposed alignment, while it creates a bend back through
the park, is ultimately a better design than going along the road right-of-way.
DelDOT had confirmed that the correct crossing of Route 13, based on current
traffic, would be at White Oak Road versus Route 8, which supported using the
school property, going through the City park, coming back out onto King’s Highway,
and ultimately crossing at White Oak Road. Mr. Koenig stated that the numbers
were starting to indicate that the proposed concept would benefit the City in many
ways.
Mr. Cole moved to recommend acceptance of the Bicycle Pedestrian Subcommittee
recommendations and moving forward with the Senator Bikeway design concept.
The motion was seconded by Mr. Hutchison.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 18
Mr. Keller questioned how many bicycles were anticipated on the trail. Responding,
Mr. Aglio estimated a few hundred per day.
The Committee recommended acceptance of the Bicycle Pedestrian Subcommittee
recommendations and moving forward with the Senator Bikeway design concept.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
Quarterly Update - Bicycle/Pedestrian Subcommittee
Mr. Hosfelt referred members to the Bicycle/Pedestrian Subcommittee Quarterly
Update - June 2016.
Re-Evaluation of the Need for the Blue Light Phones in City Parks
Mr. Scott Koenig, City Manager, advised members that over Memorial Day
Weekend, the City experienced problems with one (1) of the blue light phones in
Silver Lake Park, which was repeatedly dialing the 911 Center for the Dover Police
Department and could not be reset. The Electric Department used on-call staff to cut
the power to the phone to prevent it from dialing 911. Mr. Koenig indicated that
software and systems that support the phones had not been updated since the phones
were installed, and he felt that the manufacturer would recommend investing
additional funds if the phones were kept in place.
Mr. Koenig stated that the Police Department had provided information regarding the
total calls for service from the five (5) blue light phones, including hang-ups, and the
history revealed that there were not many calls. Since 2007, there had been a total
of five (5) legitimate calls through Memorial Day Weekend 2016. All of the
legitimate calls were from Silver Lake Park, three (3) from the beach area and two
(2) from the boat ramp area. Those five (5) calls represented distress requests within
a City park. Mr. Koenig stated it was important to note that Silver Lake Park was the
only park that had received any type of calls and no other park had received any
legitimate calls in the time frame. Based on the history and the evolution and
availability of cellular phones, staff requested that Council consider that this program
be discontinued. Mr. Koenig indicated that if Council would like to discontinue this
program in phases, staff recommended removing the phones that had no legitimate
calls over the time frame, which would potentially provide parts to repair the existing
phones. He advised that Ms. Kay Dietz-Sass, Emergency Management Coordinator,
had found literature indicating that the institutions that initiated this type of safety
measure, predominantly on college campuses, were starting to gravitate away from
these systems. They were being discontinued due to the availability of cell phones,
GPS applications, and apps that direct dial to 911 services, as well as the fact that
long-term maintenance of these facilities is expensive. Although the City was only
paying approximately $1,000 per year, if there was a need for maintenance upgrades,
hardware upgrades, or repairs, these costs could be fairly substantial. Mr. Koenig
indicated that the actual cost for installation had been several thousand dollars for
each device. He reiterated that this issue arose due to failure of components in the
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 19
existing system that created discomfort in the 911 Center. After looking at legitimate
calls versus costs and potential cost on the horizon to maintain the system, staff
recommended eliminating the program over time or removing the system in its
entirety within a 90-day window.
Mr. Sudler questioned if a study had been done regarding how many people had used
their cell phones in emergency situations at the parks versus the blue light phones.
Responding, Mr. Koenig stated that he did not have that information available. He
assumed that the 911 Center could provide the information; however, it had not been
requested. Mr. Sudler expressed concern regarding how homeless individuals or
those who do not own cell phones could make emergency calls.
Mr. Anderson noted there were approximately 18 calls in the Silver Lake area and
no calls from anywhere else. He questioned if Mr. Koenig would be amenable to
phasing out the phones at Silver Lake Park at the end of the calendar year because
summer is a busy time. This would also provide notice that the City was eliminating
the phones. Responding, Mr. Koenig stated that the two (2) phones in White Oak
Park were not being used and he would like them removed first if a regression in the
use of the phones was desired. He indicated that the phones at Silver Lake Park
could stay in use until there are real problems and the parts cannot be replaced.
Mr. Anderson noted that the cost of the phones was approximately $50 per call,
stating that he personally would not mind phasing them out at the end of the year.
He advised that he would like people to have some notice and for the phones to
remain in place during the busy season for calls.
In response to Mr. Koenig, Mr. Anderson stated that he was discussing only the
phones at Silver Lake Park. Mr. Koenig stated that they could be phased out over the
next six (6) months and some type of notice, such as Facebook or Twitter, could be
provided.
Responding to Mr. Anderson regarding any concerns the Police Department may
have, Captain David Spicer stated that the Police Department had researched this
matter and determined that they had received very few legitimate calls. Even though
there were 18 calls in 2015, many of those were hang-ups or malfunctions from
emergency phones. Captain Spicer noted that there were only five (5) legitimate calls
in the last 10 years, some of which were related to subjects in distress lying on the
ground and possibly not breathing, etc. He noted that three (3) of the phones had no
usage at all. Captain Spicer advised that the phones had become a nuisance and a
hindrance that tied up a lot of personnel at the 911 Center.
Mr. Slavin recalled that former Councilman Ken Hogan had sponsored the blue
phone effort, which was implemented during a spike in the availability of cell
phones. Mr. Slavin questioned if calls were transmitted through hard wiring or
cellular calls, and Mr. Koenig stated his understanding that calls are cellular.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 20
Responding to Mr. Slavin, Mr. Koenig indicated that the calls are transmitted using
cellular technology. He also responded that the infrastructure could potentially be
used for cameras at the sites. Mr. Koenig advised that if there are legitimate camera
locations, they would be considered whether the phones are removed or not.
Mr. Slavin stated that while the infrastructure may not be used for phones, they
provide a sense of security and access, and he felt that these lights allow people to
feel a little safer when they are in a park. Rather than obliterating what the City has
there as a safety presence, he suggested giving thought to reverse engineering the
infrastructure and replacing it with something else.
Mr. Shelton indicted that 92% of the population have cell phones; therefore, 8% of
the population do not have cell phones. He expressed concern that there would be
no avenue for them to contact someone if they did encounter a problem. Mr. Shelton
felt that phasing the phones out would be a good idea; however, he felt there should
be another method in place for people to feel comfortable and secure.
Mr. Sudler asked Captain Spicer if they had data regarding the total number of calls
over the last 10 years. Captain Spicer reiterated that 18 calls were logged; however,
there may have been 20 to 30 malfunction calls with that particular unit which were
not logged. Although five (5) calls were listed for 2016, Ms. Christina Kober, 911
Supervisor, Dover Police Department, advised him that she had documented 20 to
30 malfunctions along with those five (5) calls.
Mr. Sudler stated that there was nothing in place to protect those who do not own cell
phones and might be in an emergency situation. He noted that many homeless
individuals sleep in these parks and need an avenue to call for help. Mr. Sudler felt
that until there was some method to protect them, he was not confident in phasing out
blue phone access for emergencies.
Mr. Sudler moved to refer this matter to the Parks, Recreation, and Community
Enhancement Committee with a comparison and analysis of data regarding blue
phone usage versus the number of emergency cell phone calls received over the last
five (5) years. The motion was seconded by Mr. Anderson.
Responding to Mr. Hare’s request for clarification, Mr. Anderson stated that the cost
of $50 per call was arrived at by dividing the maintenance cost by the number of calls
received.
In response to Mr. Hare regarding the actual cost of the phones, Mr. Koenig indicated
that the total cost of the phone lines was between $950 and $1,050 per year, noting
that this did not include repairs, since no repairs had been done. He indicated that the
City was spending approximately $1,000 per year on the phone line access for the
five (5) phones, or approximately $200 per phone.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 21
Mr. Slavin indicated that if this matter were referred to the Parks, Recreation, and
Community Enhancement Committee, consideration might be given to leaving one
(1) phone in place in one of the more high profile areas. This might ameliorate some
of members’ concerns, and repairs could be made utilizing parts from the items taken
out of circulation.
The Committee recommended referring this matter to the Parks, Recreation, and
Community Enhancement Committee with a comparison and analysis of data
regarding blue phone usage versus the number of emergency cell phone calls received
over the last five (5) years.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
Updates
Hamlet Shopping Center
Mr. Sudler stated that the majority of the business owners/managers in the Hamlet
Shopping Center had not had any major concerns and, according to them, crime,
loitering, and panhandling had decreased. He indicated that they preferred the police
presence in the parking area and appreciated the City’s efforts to provide additional
security in that area.
Captain David Spicer, Dover Police Department, indicated that he had asked the
crime analyst, Mr. Robert Scott, to pull the numbers for the Hamlet and areas
surrounding the shopping center. Captain Spicer indicated that in 2014 there were
41 reported crimes in that area, including assault, criminal mischief, disorderly
conduct, local fugitives who were wanted, firearm possession, robberies, and
trespassing. In 2015 there was an increase to 88 reported crimes, including criminal
mischief, local fugitives, 17 thefts, assaults, burglaries, a reported carjacking, and
disorderly conduct. In 2016, there were 29 reported crimes. Captain Spicer stated
that this trend would result in approximately 70 crimes by the end of this year, which
would be slightly lower than last year’s numbers. The crimes being experienced
included an assault, three (3) burglaries, and three (3) juveniles apprehended for
daytime burglaries. He noted that there are continual incidences of disorderly
conduct and shoplifting.
Responding to Mr. Hosfelt, Captain Spicer explained that these statistics also
included the Hamlet residential area located behind the shopping center. He stated
that he had been advised by Mr. Scott that patrols had been increased due to issues
with crime in the area and as a result of Joint Finance Committee funding received
by the Dover Police Department. Captain Spicer noted that Lieutenant
Christopher Hermance indicated that there had been 256 additional man-hours spent
patrolling in this area, which is considered the 860 district. He noted that the Police
Department had taken a proactive approach to try to reduce crime in the shopping
center and surrounding area.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 22
Mr. Sudler asked if there had been a decrease in crime from 2015 to 2016 in the
Hamlet Shopping Center. Responding, Captain Spicer indicated that crime had
decreased.
Mayor Christiansen stated that he had spoken to a number of business owners and
shoppers in this area. He commented that the parking lot was in atrocious condition
and needed re-striping and the handicapped signs needed to be redone. Mayor
Christiansen advised that a number of those who live in the Hamlet area had
indicated that tractor-trailers were parking overnight or for days at a time. He
questioned if there was an ordinance in place that could address that issue.
Responding, Captain Spicer stated his belief that there was an ordinance that
prohibits tractor-trailers from parking on a City street; however, he believed that they
do have a right to park on private property as long as the business owners do not
disagree with them.
Mayor Christiansen indicated his belief that there was a concern among the shoppers,
business owners, and landlords. Captain Spicer stated that staff could contact the
businesses, noting that if the issues are brought to the attention of the Police
Department, the Department can take appropriate action or advise them on what to
do. If they want vehicles to be towed, those affected would have to tow the vehicles,
and this would not be the Police Department’s obligation. Mr. Hare stated, from his
experience, that this would be the responsibility of the property owner. The
businesses may not like the tractor-trailers parked there; however, the owner may
have granted them permission to park their trucks on the outskirts.
The Elks Lodge - 217 North Kirkwood Street
Mr. Sudler informed members that residents of the Kirkwood community continue
to deal with loitering, loud noise, and patrons from the Elks Club having sex in their
yards, often leaving condoms, bottles, and debris. He had continued to assure them
that the Safety Advisory and Transportation Committee and the Parks, Recreation,
and Community Enhancement Committee had heard their concerns and were
working with staff regarding amendments to the current ordinance relating to
properties with non-conforming uses. Mr. Sudler advised that the Kirkwood
Neighborhood Watch Committee continued to meet regularly. In their last meeting,
Senator Brian Bushwel l e r , R e p r e s e n t a t i ve S ea n Lynn,
City Council President Tim Slavin; Mrs. Ann Marie Townshend, Director of
Planning and Community Development; and Councilman Anderson, were all present
to hear the intensity of Kirkwood residents’ cries for relief from the Elks Lodge,
especially on Sunday evenings into early Monday mornings. Mr. Sudler stated that
the Kirkwood community and surrounding areas had confidence that the City would
provide relief within a reasonable time frame.
Captain David Spicer, Police Department, stated that Mr. Robert Scott ran
complaints for 2014, 2015, and 2016, and there were 18 complaints associated with
the Elks Lodge on North Kirkwood Street. There were burglary alarms in 2014,
disorderly conduct, resisting arrest, trespassing, and a weapon violation. In 2015,
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 23
there were 26 reported crimes, including an accident, criminal mischief, disorderly
conduct, a couple of fights, eight (8) loitering complaints, and two (2) shots fired.
In 2016, there had been three (3) criminal complaints, including two (2) disorderly
conduct and one (1) loitering complaint. Captain Spicer indicated that the only
explanation he could offer was that, because of funding received from the Joint
Finance Committee, much of the Police Department’s attention had been focused in
the 820 district due to the loitering and problems in the North New Street and Fulton
Street areas. So far this year, approximately 800 additional man-hours had been
spent on Fulton Street, Kirkwood Street, and the surrounding area. Captain Spicer
felt that the police presence there had dramatically decreased crime. He believed that
these three (3) complaints would probably coincide with the three (3) complaints
documented so far at the Elks Club.
Mr. Hare stated his understanding that the police officers had been working two (2)
hour shifts in front of the Fulton Deli, noting that the street now looked deserted. He
stated his understanding that a rental permit could be revoked for criminal violations
and asked if a business license could be revoked for continual criminal violations.
Mr. Koenig stated that he was unsure if a business license could be revoked for that
reason.
Noting that Captain Spicer had mentioned that there were only three (3) complaints
in this area, Mr. Sudler stated that he had called at least three (3) times himself this
year in regard to the Elks Lodge and residents and members of the Kirkwood
Community Neighborhood Watch had also made calls. Mr. Sudler asked how
complaints were defined and if they include calls received or incidents where an
officer stops individuals and finds something wrong. Responding, Captain Spicer
explained that if someone calls, the dispatcher may record the call as the address that
the call comes from rather than the Elks Lodge and this could explain why
complaints might not be shown for the actual business. If an officer rides by and sees
people loitering outside the Elks Lodge, takes appropriate enforcement action, finds
there is a crime, and takes someone into custody, the business address would be
logged as the location of the arrest and associated with the crime.
Mr. Sudler advised that the Police Department is short staffed and may have 11
officers each night for 38,000 people, stating that he advocates more officers. He
questioned if live data, including the time, is provided to the Police Department.
Mr. Sudler indicated this would show that managers of the club were present, seeing
those loitering, and not doing anything proactively to get them to come into the club.
He noted that the management had argued that once individuals are on the sidewalk,
they are the Dover Police Department’s responsibility; however, according to the
Department of Justice, it was management’s responsibility as well because they are
the magnet bringing patrons there. Mr. Sudler felt that if managers were not being
proactive, the City needed to put something in place to hold them accountable. He
believed this was unfair to the residents and the Police Department.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 24
Captain Spicer indicated that Police Chief Paul Bernat had made adjustments in
personnel and expended the Department’s Street Crimes Unit, which is a very busy
and aggressive unit. Captain Spicer advised that this area has a lot of loitering and
drug activity. He stated that, year-to-date for the City, there had been 56 burglaries
and 41 had been solved, which was a 78% clearance rate. Captain Spicer advised
that there had been 33 robberies this year and 27 had been cleared, for an 82%
clearance rate. There had been 17 separate shootings, including10 in the downtown
area, and 35% of those had been cleared. Captain Spicer noted that these incidents
are sometimes very difficult to figure out and officers do not receive a lot of
cooperation from some of those injured or the witnesses. In addition, 43 firearms had
been seized in the City so far this year, including handguns and other types of
weapons. Captain Spicer informed members that the men and women of the Dover
Police Department were working extremely hard to make the City safer.
Viability of the ShotSpotter Gunshot Detection and Location Service
This item was deferred due to time constraints.
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held with
Chairman Hare presiding.
Fiscal Year 2015-16 Edward Byrne Justice Assistance Grant Program - Joint
Grant with Smyrna Police Department and Kent County
The Dover Police Department recently received its annual allocation from the Office
of Justice Programs (OJP) for the 2016 Justice Assistance Grant (JAG). Similar to
previous years, Dover Police Department was identified as a disparate funding
agency along with Smyrna Police Department and Kent County. This disparate
condition requires the submission of a joint grant application for the three agencies.
Although no funds were designated for Kent County in the allocation document, a
Memorandum of Understanding will be completed and signed by all three agencies
and will state that Kent County will waive any claim to funding on the grant. The
Dover Police Department will serve as the fiscal and administrative agent for the
grant.
Responding to Ms. Stewart regarding the cost of maintenance for the system,
Mr. Koenig stated that the costs would be relatively small for the added
infrastructure; however, he cautioned that these numbers add up over time. He
explained that these grants usually provide an opportunity to expand technology, but
there is also an associated maintenance cost, just as when streets are added.
Mr. Koenig advised that the police infrastructure was growing, so there would be
expenses that would impact the City budget at some point.
Mayor Christiansen noted that there would also be an opportunity to reapply for the
grant funds, noting that this is an ongoing grant. Mr. Koenig stated that the grant
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 25
program was important to expanding the technology and service infrastructure;
however, there is a cost to the City budget at some point.
Mr. Anderson questioned if the City would want to acquire this particular technology
if the grants were not available. Responding, Mr. Koenig stated that it would;
however, the question was whether the City should have to spend $100 of City
money versus $10 of City money to get the same net effect. He advised that the City
of Dover had been very good about applying for grants, obtaining the technology,
closing out the grants, and accounting for all of the money, noting that additional
procedures are required when grant funds are obtained. Mr. Koenig indicated that,
because of the size of the Police Department and the dedication and ability of staff,
the City is able to fill out grant applications, advocate for grants, and receive them.
He felt there was no question that, of all the City departments, the Police Department
was probably the highest priority when it comes to getting grants. Mr. Koenig stated
that there are many grants available to law enforcement, so this is part of the funding
technique for that type of service.
The Committee recommended approval of the grant project as requested.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
Discussion - Fiscal Year Audit Program
Mrs. Donna Mitchell, Controller/Treasurer, reviewed a presentation entitled
“Auditor’s Responsibility for Communicating with Audit Committee.” Referring to
page 3, Mrs. Mitchell reviewed the three (3) primary purposes of the auditors and the
significant findings from the audit on page 6. She noted that the audit calendar was
provided so that members would be aware of the tentative schedule for completing
the audit this year.
Actuary Services Contract - Pension and Other Post-Employment Benefits
(OPEB)
Members were advised that the Finance Department requested proposals for
Actuarial Services on May 5, 2016 (RFP #16-0041FN). In order to continue
efficiencies in preparing the data and cost savings, the RFP requested that each
actuary perform valuation services for both the Civilian and Police Pension Plans and
the Other Post Employment Benefits (OPEB).
Mrs. Mitchell advised members that the RFP resulted in a proposed change from the
City’s current actuary, Milliman, Inc., due to the significant difference in prices
submitted. She explained that Milliman, Inc. provides investment advisory services
to the City through another arm of their company, and this investment service would
stay intact. Mrs. Mitchell explained that Nyhart Actuary & Employee Benefits had
provided actuary services for the City when the OPEB trust began and prior to the
City’s contract with Milliman, Inc.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 26
Staff recommended awarding a five (5) year contract, to begin in FY17 and end in
FY21, to Nyhart for valuation services totaling $96,700 and hourly rates for benefits
consulting as quoted in their response to the City of Dover RFP #16-0041FN –
Pension & Other Post Employment Benefits Actuarial Services and Benefits
Consulting.
The Committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Hare and carried by a unanimous roll call vote (Hosfelt absent).
MONTHLY REPORTS - MAY 2016
By motion of Mr. Neil, seconded by Mr. Hare, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
DISCHARGING THE PRESIDENT'S COUNSEL ON PUBLIC/PRIVATE PARTNERSHIPS
AND THE FUTURE OF CITY HALL, WEYANDT HALL, FORMER DOVER LIBRARY,
AND OTHER CITY PROPERTIES
During their Regular Meeting of August 25, 2014, members of Council appointed the President's
Counsel on Public/Private Partnerships and the Future of City Hall, Weyandt Hall, Former Dover
Library, and Other City Properties to evaluate the City properties that are currently not performing
to determine whether it will be feasible to keep or sell those properties and, ultimately, what to do
about City Hall.
Responding to Mr. Anderson, Council President Slavin stated that he did not believe a report and
recommendations had been submitted by the Counsel. He also noted that the Counsel had not met
in more than a year.
Mr. Anderson stated that he would like to see all the information that the Counsel was waiting for,
such as the appraisals, and suggested that the Counsel gather the requested information and complete
its report.
Mr. Slavin instructed the City Clerk to work with the City Manager to gather the information.
Mr. Anderson moved to defer discharging the President's Counsel on Public/Private Partnerships and
the Future of City Hall, Weyandt Hall, Former Dover Library, and Other City Properties for one (1)
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 27
month to allow receipt of the information so that all the work done by the Counsel could be brought
forward. The motion was seconded by Mr. Lewis and failed by a roll call vote of two (2) yes
(Anderson and Lewis) and six (6) no (Sudler, Neil, Cole, Hare, Hutchison, and Slavin) (Hosfelt
absent).
Mr. Hare moved to discharge the President's Counsel on Public/Private Partnerships and the
Future of City Hall, Weyandt Hall, Former Dover Library, and Other City Properties. The
motion was seconded by Mr. Hutchison and carried by a roll call vote of six (6) yes (Sudler,
Neil, Cole, Hare, Hutchison, and Slavin) and two (2) no (Anderson and Lewis) (Hosfelt absent).
REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN (DEFERRED
DURING THE COUNCIL MEETING OF JUNE 27, 2016)
Mayor Christiansen recommended the following reappointments:
Board of Adjustment - Three (3) Year Terms to Expire July 2019
K.C. Sheth, Chairman
William A. Hufnal
Planning Commission - Three (3) Year Term to Expire June 1, 2019
Kathleen Welsh - First District
Council President Slavin advised that the reappointments were deferred during the Council meeting
of June 27, 2016 because Mr. Lewis had questions regarding the appointments and
Mayor Christiansen was not in attendance at the meeting to answer them.
Mr. Lewis advised that he subsequently spoke with Mayor Christiansen regarding the appointments,
noting that the issue he had was with the process and how they were recruiting appointees. He stated
that he would like to see the process changed in the future, possibly by setting up a committee to do
a better job in recruiting. Councilman Lewis stated that Mayor Christiansen advised him that
openings on boards and commissions are not advertised or placed on the website. Mr. Lewis noted
that when the Mayor was running for office, he had indicated that he wanted to see new people on
these commissions with new and innovative ideas.
Mr. Sudler stated that he concurred with Councilman Lewis that it would serve the best interests of
the City of Dover if appointees have some kind of credentials for their appointment to a commission
or board. He did not feel that people should just be appointed because they want to be on a
committee. Mr. Sudler believed that an appointee’s resume should reflect the position that they are
being appointed to, so that the decisions being made on that committee will reflect the knowledge
that they have, rather than having someone just fill a position.
Mr. Anderson stated that the application for appointment to a committee, commission, or board is
available on the City’s website and encouraged anyone who may be interested to apply. He stated
his feeling that there needed to be more promotion, such as linking it to the City’s Facebook page
and advertising in the newspapers, especially prior to the annual appointments. Mr. Anderson felt
that the appointments currently under consideration were all solid and he intended to vote for their
confirmation.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 28
Mr. Anderson moved to request the City Clerk’s Office to coordinate a public relations plan for
expanding appointments to City committees, commissions, and boards and report to the Legislative,
Finance, and Administration Committee in the next 60 days. The motion was seconded by
Mr. Lewis.
Mr. Slavin suggested providing a demographic analysis showing the committee, commission, and
board representation.
Mr. Sudler stated that he felt the current system was working; however, his main concern was
ensuring that individuals applying have a skillset or a resume that reflects that they have the
qualifications for the committee they are being appointed to. Mr. Lewis disagreed that the current
system was working, noting that he knows of many people in the community who would like to
serve government, and there is no way for them to know that there is a vacancy on boards and
commissions. He added that he would like to see people appointed to these committees with
expertise in the field of the committee that they are serving on.
Mr. Cole agreed with the concept; however, he reminded members that these are Mayor and Council
President appointments and it is their responsibility to find someone who is qualified without asking
staff to recruit for them. Mr. Hutchison concurred.
Mr. Hare stated that he felt they were qualified to recommend people with credentials to appoint to
the committees. He stated that he makes those he knows who are interested in serving aware of any
openings. Mr. Hare felt this was their responsibility as Councilmen and that they had obtained good
people to serve on committees.
Mr. Sudler asked if any vacancies were currently being advertised, recalling that at one time this had
been done. Responding, Mrs. Traci McDowell, City Clerk, stated that the Dover Human Relations
Commission advertised its vacancies many years ago; however, vacancies were not currently being
advertised. She advised that all of the committees are listed on the City’s website, and there is a link
to the application within the list.
Mr. Lewis asked if Mr. Anderson would consider withdrawing his motion to request the City Clerk’s
Office to coordinate a public relations plan for expanding the appointments to City committees,
commissions, and boards and report to the Legislative, Finance, and Administration Committee in
the next 60 days, noting that he would be more inclined to have a volunteer committee of a few
Council members set up to try and resolve this matter. Mr. Anderson withdrew his motion and
Mr. Lewis, as the seconder, agreed.
As someone who has to make recommendations for appointments, Mr. Slavin advised that, in
addition to qualifications, he wants to make sure that there is male/female balance on the
committees. He has also tried to ensure that there is minority representation on every committee and
to bring new faces to the committees as much as possible. Mr. Slavin advised that fair district
representation must be considered, noting that there are also some veteran retired employees and
people who have been involved with the City who could bring great value to the discussions.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 29
Mr. Anderson noted that the City has a Public Relations Officer who already does the job of putting
out press releases, updating the website and Facebook, so it would not be overwhelming to anyone
to make sure links are put on the site and that major appointments are released to the media a couple
months beforehand, and that they are promoted on the site. Mr. Anderson felt that this should be
planned.
Mr. Anderson moved to refer the issue of designing and expanding the recruitment for City
committees, commissions, and boards to the Council Committee of the Whole. The motion was
seconded by Mr. Lewis.
Mr. Neil reminded members that when a person is recommended for appointment, the City Clerk
requests them to send a biography for Council’s consideration so they are not blindly appointing
members. He agreed that there was nothing wrong with letting the public know how to contact them
if they are interested in serving and what their qualifications should be. Mr. Lewis stated that all he
was looking for was a better recruitment tool so the public as a whole is aware that there is an
opening on a particular board or committee.
Mr. Hare suggested, instead of referring the matter to the Council Committee of the Whole,
requesting Councilmen Anderson and Lewis to get together and make recommendations to the
Council Committee of the Whole.
Mr. Hutchison stated that he liked the idea of creating some type of method whereby more people
could at least get their resumes in for consideration, noting that the ultimate recommendation is for
either the Mayor or the Council President to offer for Council’s consideration.
The motion to refer the issue of designing and expanding the recruitment for City committees,
commissions, and boards to the Council Committee of the Whole was carried with Mr. Hare
voting no.
Mr. Slavin requested that Mrs. Kay Sass, Public Affairs Coordinator, and Mrs. Traci McDowell, City
Clerk, be present at the Council Committee of the Whole meeting on Tuesday, July 26, 2016 to talk
through some of the issues of how to promote and publicize committee appointment vacancies.
Mr. Sudler moved for approval of the reappointments of K.C. Sheth and William Hufnal to
the Board of Adjustment and Kathleen Welsh to the Planning Commission, as recommended
by Mayor Christiansen. The motion was seconded by Mr. Anderson and carried with
Mr. Lewis not voting.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Scott Koenig, City Manager, advised that staff had been alerted over the weekend regarding a
potential problem related to some of the tax billings. He noted that the issue appeared to be related
to property owners who are receiving double tax bills, meaning they own two (2) pieces of property
in the exact same name. Mr. Koenig stated that a total of 75 bills were re-issued that day based on
phone calls from approximately 40 property owners. He noted that staff believed the issue was
contained simply to a portion of the doubles that were mailed out. Mr. Koenig requested anyone
who receives an incorrect billing or does not receive their billing to contact staff immediately so that
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 30
bills can be re-issued to them, noting that all the tax billings had been mailed out, and everyone
should receive their tax bill by the end of the week.
Mr. Koenig advised that the root cause of billing error could be related to a sorting issue or a
humidity issue. He noted that 7,500 tax bills are issued every year and Mrs. Cheryl Bundek, City
Assessor, indicated that the Customer Service staff, as well as her staff, had been very diligent at
resolving the issues.
Responding to Mr. Hare, Mr. Koenig stated that the tax bills are due on July 31st , so delinquency
technically starts on August 1st with a penalty. Mr. Hare, noting that it was July 11th, expressed
concern for those who had not yet received their bills having only two (2) weeks after receipt to pay
them.
Mr. Lewis asked if the billing error would affect people whose taxes are paid directly by their
mortgage companies. Responding, Mrs. Bundek stated that the bills going to the mortgage
companies are sent out separately and, of those, only 20 were actually printed and the rest were sent
by tape, so none would have been affected.
Mr. Lewis concurred with Mr. Hare about the shortened length of time people would have to pay
their bills and asked if an extension could be implemented or if a grace period could be provided so
they are not charged a late fee. Responding, Mrs. Bundek stated that the decision would be left up
to Council; however, she noted that the tax bills are not normally sent out until approximately this
time every year. The only time she could recall an extension was when there was a delay in
approving the budget or if it was a re-valuation year.
Mr. Sudler suggested that there be at least a 30-day window, at the minimum, and at the most 45 to
60 days, noting that many seniors do not get their income until between the 3rd and the 10th of the
month.
Mr. Slavin suggested that an update on the billing situation be provided at the next meeting and then,
if necessary, they could take action to waive the delinquency fees for a period.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Sudler announced that he would be hosting a Fourth District Empowerment Barbecue Fair at
Mishoe Park, 320 Raymond Street, Dover, on July 16, 2016, from 12:00 p.m. until 7:00 p.m.
Mr. Sudler announced that he had called for a Unity March to be held on Tuesday, July 12, 2016 to
show support for the two (2) African-American males that lost their lives and the five (5) police
officers in Dallas who lost their lives in the line of duty. He thanked Dover Police Chief Paul Bernat
for approving the march and assembly permit in such a sensitive time period. Mr. Sudler advised
that the march would begin near the railroad tracks next to The Duncan Center at 4:30 p.m. and
would end at 5:45 p.m. in front of City Hall. He advised that the march was for all of the City of
Dover to unite and show support for the community and all communities throughout the nation.
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CITY COUNCIL MEETING OF JULY 11, 2016 PAGE 31
Mr. Anderson announced that First State Community Action Agency had money and programs
available to provide air conditioning, particularly for people with health conditions and senior
citizens, and encouraged people in need to call 1-800-372-2240 for assistance.
Mr. Lewis moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 8:19 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 11, 2016, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2016\07-11-2016.wpd
Exhibits
Exhibit #1 - Presentation -“The Monsters are Coming July 29 to September 11”
Exhibit #2 - Flyer - Maurice Sendak the Memorial Exhibition - 50 Years, 50 Works, 50 Reasons
Page 35
EXHIBIT #1
City Council Meeting of 07/11/2016
Page 36
Over the course of his career, Maurice Sendak wrote
and illustrated over 100 books
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Sendak was the recipient of
numerous awards for his work
• Caldecott Medal
• Hans Christian Andersen Award for
Illustration
• Astrid Lindgren Memorial Award
• The Laura Ingalls Wilder Medal for
American Children’s Literature
• The National Medal of Arts
• National Book Award for Children’s
Books
Page 38
About the Exhibit
Between July 29 and Sept 11, 2016 the Dover Public Library, in
partnership with the Biggs Museum of American Art, will be hosting
the exhibit “Maurice Sendak: 50 years, 50 Works, 50 Reasons,”
which celebrates the life and work of the author of the iconic children's
book, Where the Wild Things Are.
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The exhibit features 50 selected works spanning Sendak’s long and
impressive career, from illustrations Sendak created at 15 for a
book report on “Macbeth,” to set and poster designs for opera and
ballet that he designed at 83, and of course, drawings for and
inspired by “Wild Things.”
Page 40
Art pieces are accompanied by
comments from celebrities, authors,
and noted personalities.
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Interactive Spaces
Library staff is working with artists and
organizations like the Children’s Theatre and
Polytech to create interactive spaces.
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Programs
Grand Opening - Dover Public Library and Biggs
Museum
Friday, July 29 at 6:30p.m.
Saturday, July 30 at 12:30p.m.
Musical – Really Rosie – Schwartz Theatre
Saturday, July 30 at 11a.m
All Things Sendak Ballet – Schwartz Theatre
Thursday, August 4 at 2p.m. and 7p.m.
Breakfast with the Monsters – Grey Fox Grille
Saturday, August 20 at 10a.m. and 11:30a.m
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Programs
Where the Wild Things Roam – Lecture – Biggs Museum
Wednesday, August 24 at 6:30p.m.
Create Your Own Music – Dover Public Library
Saturday, August 27 at 11a.m.
Where the Wild Things Are – Outdoor Film Screening
Saturday, September 3 at 8p.m.
Maurice Sendak and His Works – Lecture – Library & Biggs
Thursday , September 8 at 6p.m.
Where the Wild Things Art – Dover Public Library
Every Tuesday Morning in August at 10a.m.
Read and Make – Dover Public Library & Biggs Museum
Every Thursday Morning in August at 10:30a.m.
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Partners & Sponsors
Page 45
EXHIBIT #2
City Council Meeting
of 07/11/2016
THE
MONSTERS
ARE COMING
JULY 29 '"'"' SEPTEMBER 11
Maurice Sendak the Memorial Exhibition - 50 Years• Works• Reasons
Maurice Sendak: 50 Years, 50 Works, 50 Reasons is a retrospective exhibition celebrating the life and art of the
iconic author and illustrator, Maurice Sendak. The exhibit, first launched in 2013 to celebrate the 50th anniversary
of the publishing of the beloved children's book, Where the Wild Things Are, will be on display at the Dover Public
Library and the Biggs Museum of American Art. The exhibition includes a wide variety of Sendak's art, from an
illu strated book report on Macbeth to opera set designs, and of course, illustrations from his children's books. The
original works are accompanied by guotes from presidents, illustrators, friends, and celebrities discussing Sendak's
influence on their own lives.
Grand Opening! Friday, July 29 (a) 6:30pm
The opening ceremony begins at 6:30pm at the Dove r Public Library with a special reading of the book, Where the
Wild Things Are. View Sendak's original artwork, explore interactive exhibits, take tours , watch films , meet a
monster, make Wild Thing crafts, become Ma x in photographs, and more!
Grand Opening! Saturday, July 30 (a) 12:30pm
Come to the Dover Public Library and have a special lunch at 12:30pm, stay and view Sendak's original artwork,
explore interactive exhibits, take tours, watch films, meet a monster, make Wild Thing crafts, become Ma x in
photographs, see an excerpt of a Sendak inspired ballet performed at the Biggs Museum, and more!
Musical - Really Rosie - Saturday, July 30 (a) 11am
Schwartz Theatre - Tickets - $5
Performed by The Children's Theatre , Inc. , Really Rosie is a children's musical by the celebrated author, Maurice
Sendak, with music and lyrics by Carole King. Rosie, the sassiest kid on her block of Brooklyn's Avenue P,
entertain s herself and her friends by acting out show bi z fantasies, notably directing and starring in an Oscar
winning movie. Really Rosie is a jewel for children and adults.
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All Things Sendak - Ballet Performance - Thursday, August 4 (a) 2pm & 7pm
Schwartz Theatre - Tickets: $18/adults- $15/senior - $12/student
The Ballet Theatre of Dover presents a ballet performance inspired by Maurice Sendak, a man who taught us to
confront our fears and achieve our dreams. Featuring dances from " Le Corsaire" (The Pirate).
Breakfast with the Monsters - Saturday, August 20 (a) 10am & 11:30am
Grey Fox Grille - Tickets - $5
Feed your appetite and have breakfast with the monsters in Maurice Sendak's kitchen. Meet at the Dover Public
Library and wa lk over to the Grey Fox Grille fo r a simple breakfast. Enjoy scenery from M a urice Sendak's books
and make crafts.
Wh ere the Wild Things Roam - Lecture - Wednesday, August 24 (a) 6:30pm
The Biggs Museum of American Art - Free with Admission
As a specialist in fairytales, adolescent literature, and mythological archetypes, Professor Susan Redington Bobby
will e xa mine Sendak's work with an eye toward the macabre aspects of his illustrations and stories, within the larger
context of her areas of focus. Registration is reguired.
Create Your Own Music - Saturday, August 27 (a) 2pm
Dover Public Library - Free
Music was an important part of Maurice Sendak's creative process. Visit the Dover Public Library to create
personalized instruments out of recycled materials and join in with musician, Jim Rezac.
Where the Wild Things Are - Film Screening - Saturday, September 3 (a) 8pm
Loockerman Way Plaza - Free
Enjoy the warm weather with friends and family as you watch the Spike Jonze film , Where th e Wild Things Are,
und e r the stars.
Maurice Sendak and his Works - Author Discussion - Thursday, September 8 (a) 6pm
Biggs Museum of American Art & Dover Public Library - Free
Visit the Biggs Museum for a reception with Leonard S. Marcus, renowned historian , author, and critic of children 's
literature. The reception will be followed by a lecture at the Dover Public Library at 6:45pm. Registration is
reguired .
Where the Wild Th ings Art!
Dover Public Library - Every Tuesd ay in August (a) 10am - Free
Vis it the Dover Public Library and create crafts or do activities inspired by Maurice Sendak's books!
Read and Make - Sendak Adventure Trail
Dover Public Library & Biggs Museum of American Art - Thursdays in August (a) 10:30am - Free
Join the Dover Public Library and the Biggs Museum for a story time and craft every Thursday morning in August.
Each day wil l feature a reading of a Sendak sto ry at the Library at 10:30am, followed by a field trip across the
street to the Biggs for a Sendak-themed craft. Stories include Where the Wild Things Are, In the Night Kitchen,
Pierre and the Lion , and Outside Over Th ere. Ages 4-10.
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One of our goals as a library is
to provide our patrons with an
experience that extends beyond
the traditional expectations of a
library.
Page 49
Dover Comic Con Growth
2014-2016
12000
70 10000
60
8000
50
40 6000
30 4000
20 2000
10
0
0
2014 2015 2016
Artists Vendors Panels Food Trucks (Projected)
2014 2015 2016 Expected Attendance Actual Attendance
Page 50
Other Comic Conventions
Attendance per Day
Dover Comic Con 2016 (Projected)
Baltimore Comic Con
Otakon
Awesome Con
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000
Attendance per Day
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Other Dover Events
Attendance per Day
Dover Comic Con 2016 (Projected)
Big Barrel Country Music Festival 2015
Firefly Music Festival2012
Dover Days 2016
0 4,000 8,000 12,000 16,000 20,000
Attendance per Day
Page 53
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole Meeting was held on July 12, 2016 at 6:00 p.m., with Council
President Slavin presiding (departed at 6:22 p.m., returned at 6:23 p.m., and departed at 6:45 p.m.). Members
of Council present were Mr. Anderson (arrived at 6:18 p.m.), Mr. Sudler, Mr. Neil, Mr. Lewis (arrived
at 6:16 p.m.), Mr. Cole, Mr. Hare, and Mr. Hutchison. Mr. Hosfelt was absent. Mayor Christiansen
was also present. Civilian members present for their Committee meetings were Mr. Caldwell (Parks,
Recreation, and Community Enhancement), Ms. Arndt and Mr. Blakeman (Utility), and Mr. Shevock
and Ms. Stewart (Legislative, Finance, and Administration). Mrs. Horsey (Parks, Recreation, and
Community Enhancement) was absent.
Mr. Sudler moved to hold the Legislative, Finance, and Administration Committee meeting
prior to the Parks, Recreation, and Community Enhancement Committee meeting. The
motion was seconded by Mr. Cole and unanimously carried.
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held with Chairman Hare
presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Sudler and unanimously
carried.
Wesley College Proposal for Former Dover Public Library Building
Members were provided correspondence dated July 12, 2016 from Robert E. Clark II, President,
Wesley College, and a proposal entitled “The Adaptive Re-use of the Former Dover Public Library
Proposal.” (Attachment #1). President Clark stated that the proposal was related to the College’s
acquisition of the old Dover Public Library, but more accurately it related to the community of
Dover. He indicated that he did not look at Wesley College as a small college in Dover but as
Dover’s college. President Clark stated that the proposal would provide the community with an
educational building and infrastructure for health care, which was a very highly needed service in
the community. He noted that Wesley College would be starting a Master’s of Occupational Therapy
program this fall, which would be the only such program in the Delaware, Pennsylvania, and
New Jersey region. President Clark advised that there are a couple of hundred registered
occupational therapists in Delaware and a need for almost 250 more, stating that the proposal would
meet this need and, more importantly, connect the downtown to Wesley College and provide an area
where there would be students, faculty, and families 24/7. He estimated that there would be at least
500 students using the facility as the program starts off and then grows. President Clark indicated
that this would be a walking area that would be an extension of the campus and revitalize that
portion of State Street. He noted that he was new to Wesley College; however, the tradition of the
Wesley College/Dover partnership goes way back and this partnership was a strong suit of the
community and area and one (1) of the things that attracted him to Dover. President Clark stated that
he and the Wesley faculty, staff, and students must meet the extended family members in Dover.
He noted that the City is also very interested in the future and understands service above self.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 12, 2016 PAGE 2
President Clark advised members that education is not bound by brick and mortar and a four (4) year
time continuum but is a lifelong process. He believed that this facility and this partnership, with the
City providing the skeleton, would provide the heart and soul that would move this particular
building into an arena where it becomes something living that not only educates the future but gives
back to the community right away.
Mr. Hutchison noted that Wesley College would be looking at spending money on the building in
order to meet standards and bring it up to code. President Clark stated that engineers had gone
through the building. The estimated cost to meet mechanical, electrical, American Disabilities Act
(ADA), and fire suppression codes, as well as to provide services for their educators, would be
approximately $2M.
Members were provided an email from Mr. Thomas Leary, former City Council President, dated
July 12, 2016, regarding Library Giveaway (Attachment #2). Referring to this email, Mr. Neil
expressed sympathy for the idea of spreading the Wesley Campus into the downtown area; however,
stated concerns regarding the issues that had been expressed by Mr. Leary. Mr. Neil noted that the
value of the building was not known at this time, and he was unsure how much of a delay examining
this would cause in the process. He indicated that it was unknown what the building would bring
to the City in taxes and other development if it were used for commercial purposes, and he believed
this must be determined before saying yes to the proposal. Mr. Neil loved the idea and what it could
mean to the City; however, he felt that this step needed to be taken before going ahead. He stated
that this was the first time he was seeing the proposal and wanted to be able to study it. Mr. Neil
advised that if action is delayed on the proposal, this would not be because he was personally
opposed; however, as a member of Council and representative of his constituents in the Third
District, he believed this step must be taken.
President Clark stated that he understood, and he appreciated everyone’s interest and desire to take
a very hard look at the proposal and what it would bring to the community. He felt that the harder
the proposal was looked at, the more it would be realized how beneficial it would be to the City and
its future. President Clark stated that there is a balance, noting that this matter could be looked at
in terms of cash flow and immediacy in terms of fiscal reality and money in hand. He advised that
time and time again, history had shown that this approach works very well for the short term;
however, the long term is the economic development and the potential that something provides.
President Clark stated that, as members review the proposal and receive other input, they would see
the long-term benefits, noting that research shows that educational institutions, partnering with
communities, provide stimuli. He indicated that a business would bring in the eight (8) to five (5),
Monday through Friday presence of those who come to work and leave; however, an educational
institution has a 24/7 life of its own. President Clark stated that people would be coming and going,
and there would be not only the immediacy of education and the opportunities provided by the
curriculum, but the interest that would be drawn from external entities, whether health care
consortiums or future students. He indicated that people would be brought into Dover and, more
importantly, closer to downtown. President Clark advised that they had done an economic impact
study, and the results surprised him, noting that Wesley College alone brings $86M into Kent County
annually. He felt that everyone was one (1) team, family, and future, that Wesley is Dover and
Dover is Wesley, and he felt that Wesley was blessed to be part of this partnership. He thanked
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 12, 2016 PAGE 3
members for what had been done in the past and looked forward to continuing this partnership going
forward.
Mr. Slavin thanked President Clark and stated his appreciation that Wesley College had come
forward with this proposal. He advised that President Clark had indicated to him that he wanted to
make sure this was heard with full, open transparency both at the committee and Council levels.
In response to Mr. Slavin regarding whether there was an appraisal on this property, Mr. Koenig
indicated that there was an appraisal from 2011, and another had been ordered and should be
available next week. Mr. Slavin advised that this information would be available in 13 days time
when this matter comes forward before the full Council.
Mr. Slavin noted that if the City were to make such an investment, it would not be desired for the
property to be flipped and sold for a drive-through McDonald’s or something of that nature. He
questioned, as an institution, what Wesley College would be willing to take on to ensure that this
would be used for educational purposes. Responding, President Clark stated that there could be any
type of clause stating that if at any point Wesley College looks to sell or turn the property over, the
City would get first rights of refusal. He gave his word that the purpose was not to flip the property
or make money but to provide opportunities for the futures of the young men and women who will
be the future Doverites that impact the economy and the culture of the City. President Clark
reiterated that this was about our community and our kids. He agreed to a clause that has a safe out
so that 20, 50, or 100 years down the road, if something gets tight, that will not be used as a
bargaining chip. President Clark indicated that it would be an educational institution and an
educational building that will provide the opportunities for our children and the community in the
future.
Mr. Slavin expressed his opinion that economic development strategy begins with taking care of the
existing employers and job base to protect them. He advised that if he was told that an existing
employer had come forward, was willing to make a multi-million dollar investment, and would
adaptively reuse a building that had been vacant for a number of years, and that all of this would
occur in a downtown revitalization area where the City had focused time, energy, and money in
getting this exact thing to be done, his only question would be what could be done to help.
Mr. Slavin felt that the answer would be that the City would give abatements, tax credits, waivers,
and may put other incentives on the table. For example, he felt members should think about the
Garrison Oak Technical Park and what incentives the City would put in place. Mr. Slavin indicated
that if calculated over the life cycle of the building, the incentives would probably far outstrip the
value that the City has in the building. In addition, he expressed concern that there had been no other
plan for this building, and it was suffering because of this. He stated the need to address the issue
of what would be done with the building because there is very little capacity inside a municipal
government to think strategically about vacant properties. Mr. Slavin expressed the need to take
advantage of the opportunity when it presents itself. He indicated that he was very supportive of the
proposal and thanked President Clark for coming forward and answering questions. Mr. Slavin
stated that if there were questions regarding the appraisal, this information could be available at the
next full meeting of Council in 13 days and President Clark would be invited back for this.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 12, 2016 PAGE 4
Mr. Shevock advised that he would like to see the appraisal and, if the proposal is approved, that
clawback phrasing would indicate that the building would come back in the same way that it went
through.
Responding to Mr. Shevock, President Clark stated that the project would be started almost
immediately and the date of project completion would be determined when they decide where things
would be put in the footprint. He explained that Wesley’s Master’s of Occupational Therapy
program shares some rooms in Johnston Hall, the former Frear Building. President Clark noted that
this new program would start in the fall and was allowed 20 new students by their accreditors. They
were now interviewing almost double this number. It was projected that in the next two (2) to
three (3) years, they would be at 90 plus, and a couple of rooms would not satisfy this.
President Clark advised that there are a lot of preliminary courses for health care programs, including
math, science, and higher core freshman courses. As the program grows, these will also grow. He
indicated that Cannon Hall was almost at capacity for labs. President Clark stated that the proposal
would allow some relief by bringing some of the core science programs to the old Dover library,
possibly including some labs that specifically support the health science and health care curriculum.
President Clark noted that starting the Master’s of Occupational Therapy would be great for bringing
people in. In addition, he noted that Wesley College was looking at what they can do for their
existing infrastructure, and one (1) of the core components of this would be expanding kinesiology.
President Clark advised that this would mean bringing in more professors, adjuncts, and staff to
support the undergraduate feed that would lead to the Master’s of Occupational Therapy program.
He noted that some large schools have pro bono type clinics where children and the community are
brought in and pay less than the full price of a large health care institution for these educational and
collegiate services. President Clark stated the desire to start immediately and get faculty chairs to
lay out what they think would be piece and parcel of the proposal. He stated that he, Provost
Jeff Gibson, and the Vice President for Finance had considered this, and he did not want to make
decisions for his experts until they had a chance to lay this out. President Clark indicated that he did
not want to talk too much about this within his organization and raise undue expectations before
coming before Council and until there was a firm path.
Mr. Shevock questioned if part of the proposal would be up and running within three (3) or six (6)
months. Responding, President Clark indicated that the former Frear Building had taken a couple
of years; however, he felt the current proposal would take a little less time, based on his own
engineering background and the engineers who were brought in. He indicated that, although $2M
was substantial for them, it was not quite as behind as the former Frear Building was.
President Clark stated that he would provide a report once he receives more firm data.
Mr. Shevock questioned how much parking would be required. Responding, President Clark
indicated that they were only asking for the parking alongside the old Dover library, noting that the
point was not to create a Wesley entity but to join the community. It was desired that students would
be walking through town to attend health care courses from the main campus. President Clark
believed that the parking, though minimal, would meet their needs because it would provide spaces
for extra instructional professors, etc. He expressed the desire for people to be in the streets. His
vision and hope that, at sometime in the future, if someone was brought in blindfolded to Bradford,
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 12, 2016 PAGE 5
Loockerman, or State Street, or to Wesley College and the blindfold was removed, that they would
identify their location as Dover. President Clark desired that it would all look the same and that
Wesley would not be a college in a town but the college of the town and the same community.
Mr. Hare informed members that he had heard it said that to make a downtown area grow, “med or
ed” is needed. He felt that this was something that would help downtown grow. Mr. Hare indicated
that he had spoken to some commercial realtors, stating his belief that when the appraisal comes out
and everything needed to make this building acceptable is determined, this would be a benefit. He
indicated that the building had expenses that were costing the City and he was totally in favor of
doing this. He felt it would be a benefit for the City and stated that if Wesley College decided to sell
the building in 100 years, he did not care.
Mr. Lewis questioned if there had been other bids received or solicited for the building. Responding,
Mr. Hare stated that there had not. Mr. Neil noted that there had been a bid; however, the bidder did
not identify what he would be using it for. Mr. Hare indicated that there were quite a few things that
would have to be done that the City was not willing to do. Mr. Hutchison advised that there had also
been many discussions with the State of Delaware pertaining to this building; therefore, there had
been more than one (1). Mr. Hare noted that each time, there had been a cost of renovation.
Mr. Lewis questioned if the property had been well advertised and Mr. Hare stated that it had been.
Mr. Neil indicated that he did not think it had been advertised. Mr. Hare stated that the Economic
Development Office had been trying to get rid of the building for the last five (5) years. Mr. Neil
advised that the bid that he was aware of was unsolicited.
(City Clerk’s Office Note: Subsequent to the meeting, members of Council were advised that during
their meeting of October 21, 2015, the President’s Counsel on Public/Private Partnerships and the
Future of City Hall, Weyandt Hall, Former Dover Library, and Other City Properties considered
an unsolicited proposal for the purchase of 45 South State Street and 5 East Reed Street from
Mr. L. D. Shank, Dover Renaissance LLC and this matter was referred to City Council for
discussion in Executive Session.)
(City Clerk’s Office Note: According to Mr. Scott Koenig, City Manager, the building, which was
vacated by the library in September 2012, was briefly used by the State for the restoration of
artifacts damaged in a fire at Legislative Hall and utilized by City staff for several months during
the roof replacement at 5 East Reed Street. He advises that the building has never been placed on
the market for sale with any real estate company or advertised for sale in any public venue.)
Ms. Stewart indicated that she would not be voting on this matter because she is a member of the
Wesley College Alumni Association.
Mr. Sudler moved to refer the Wesley College proposal to City Council for a final decision at
their next meeting. The motion was seconded by Mr. Cole and carried unanimously, with
Ms. Stewart abstaining.
Mr. Cole moved for adjournment of the Legislative, Finance, and Administration Committee
meeting. The motion was seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 6:22 p.m.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 12, 2016 PAGE 6
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee meeting was held with
Chairman Sudler presiding.
AGENDA ADDITIONS/DELETIONS
By unanimous consent, the agenda was approved as presented.
Proposed Ordinance #2016-18 Amending Appendix B - Zoning, Article 3 - District
Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection 27.66 - Building
Height (Sponsors: Hare and Hutchison)
Mrs. Dawn Melson-Williams, Principal Planner, advised members that Proposed Ordinance
#2016-18 related to the height of buildings within the Corridor Overlay Zone 1 (COZ-1). She
explained that this Zoning Text Amendment was being brought forth by an applicant who sought
sponsors of several City Council members. Mrs. Melson-Williams noted that the applicant,
Mr. Phil McGinnis, McGinnis Commercial Real Estate Company, was in the audience. She
informed members that the Corridor Overlay Zone is a zoning overlay that exists along the corridors
of Route 8, Saulsbury Road, and McKee Road in the City. This Corridor Overlay Zone places
additional design parameters on development along those corridors in order to present a more
urbanized style of land development activity in that area. Mrs. Melson-Williams indicated that
one (1) of the components is a building height limitation of two (2) stories or 35 feet, which may be
more restrictive than the base zoning of properties along that corridor, where the building height may
be taller. This proposal would make changes to how the building height is presented on the property.
Within the first 100 feet of depth of the property from the corridor, it would continue to be limited
to two (2) stories or 35 feet in height, but beyond that 100-foot depth it would revert to whatever the
base zoning allows. Mrs. Melson-Williams advised, for example, that some areas along that corridor
are zoned C-2A, which allows for a building height up to six (6) stories and 75 feet.
Mrs. Melson-Williams advised that the proposal would be an amendment to the Zoning Ordinance;
therefore, it would begin at the committee level, would be referred to City Council to set the public
hearing dates required for the Planning Commission and City Council, and final action would be
taken by City Council. Mrs. Melson-Williams advised that the ordinance specifically related to
building height within the Corridor Overlay Zone and staff’s recommendation would be formally
presented with the Planning Commission part of the process. She noted that staff assisted
Mr. McGinnis in crafting the language for his concept. She indicated that staff recognized that there
are some issues within the Corridor Overlay Zone related to how some other portions of the Zoning
Ordinance had been updated over the years, but had not had the opportunity to concentrate on the
Corridor Overlay Zone, noting that this was on their to-do list.
Members were provided correspondence dated July 12, 2016 from Michael J. Harrington, Jr.,
President, Kent County Association of Realtors, regarding Proposed Ordinance #2016-18 - Corridor
Overlay Zone Height Limitation Amendment (Attachment #3).
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 12, 2016 PAGE 7
Mr. Sudler questioned if there had been feedback from property owners or community
members in the surrounding areas and, if so, what the recognized issues were. Responding,
Mrs. Melson-Williams indicated that the current agenda item was the first step in the process of the
proposed zoning amendment, that a public hearing would be advertised, and the community would
then have the opportunity to give input. She indicated that there were several development
applications along the corridor that would probably be interested in the potential change and what
it may mean for their development opportunities in those areas.
Mr. Neil questioned if the height of the building would interfere with the Dover Air Force Base and
the planes flying over. Responding, Mrs. Melson-Williams indicated that it would not, noting that
the Corridor Overlay Zone is not on the east side of town but is specific to the corridors of Route 8,
Saulsbury Road, and McKee Road. She advised that there is a different zoning overlay in the area
of the Dover Air Force Base called the Airport Environs Overlay Zone that has some limitations
related to height.
Mr. Neil asked if other buildings could also be expanded in height if this were permitted.
Responding, Mrs. Melson-Williams indicated that there was potential that others could seek to add
stories along that corridor if they were in a portion of the property that would be subject to this
limitation. Mr. Neil questioned if this would add to the assessments. In response,
Mrs. Melson-Williams advised that the tax liability could potentially be impacted if buildings were
being expanded or renovated.
Mr. Anderson stated he was glad that this was coming about, stating that he had been concerned
about a lot of the restrictions in the Corridor Overlay Zone. He questioned if there was a timetable
for the whole concept to be evaluated. In response, Mrs. Melson-Williams advised that this was
identified as one (1) of the research projects for potential zoning text amendments that the Planning
Office needed to put on their list, noting that there are currently others that have higher priority. She
noted it was identified several years ago when staff focused on some of the commercial zones,
clarifying uses, and some of the bulk standards, and this would be a natural next step to that;
however, there was no time frame for this.
Mr. Neil moved to recommend adoption of Proposed Ordinance #2016-18, seconded by
Mr. Slavin and carried with Mr. Sudler abstaining.
Review of Active Recreation Area Plan (Request for Cash-in-Lieu) - The Grande, Building 4:
Planned Neighborhood Design - Senior Citizen Housing Option (Planning Reference C-15-04)
Mrs. Dawn Melson-Williams, Principal Planner, advised members that this item was related to the
project known as The Grande. She noted that the Active Recreation Area Plan was associated with
construction of a fourth building on the north side of Forrest Avenue just to the east of the Modern
Maturity Center. Mrs. Melson-Williams stated that three (3) buildings were in place and a fourth
building project would soon start. As part of the approval process for this building, the active
recreation area was reviewed, and there are requirements for the amount of active recreation area
based on the number of dwelling units provided on the site. Mrs. Melson-Williams advised that a
number of recreational amenities were constructed previously with the three (3) buildings, including
items such as walking paths, horseshoe pits, shuffleboard, a swingset, benches, and picnic tables.
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The cumulative effect of those amenities still left the applicant with a deficiency in active recreation
area for the project. Mrs. Melson-Williams informed members that this was proposed to be satisfied
by a cash-in-lieu donation at the time, noting that the Zoning Ordinance specifically outlines how
that cash-in-lieu amount is calculated. She stated that, as part of the procedure, the amount, once
calculated, must be presented to the Parks, Recreation, and Community Enhancement Committee
for confirmation, to City Council, and to the Planning Commission for acceptance.
Mrs. Melson-Williams stated that the Planning Office had received the appraisal, which is the
starting point for calculating the cash-in-lieu amount and is based on a land value per acre and the
amount of recreation area that is deficient. This resulted in a cash-in-lieu requirement of $22,914.
She advised that cash-in-lieu payments for active recreation area are specifically designated for the
Parkland Reserve Fund and earmarked for the development of parkland throughout the City.
Mrs. Melson-Williams explained that members were being asked to consider accepting that
calculation amount. The process going forward would be for Council to consider the Committee’s
recommendation and then the Planning Commission would consider this amount during their August
meeting.
Staff recommended acceptance of the $22,914 cash-in-lieu of recreation area construction donation,
as the amount complies with the requirements of the Zoning Ordinance.
Mr. Hare moved to recommend approval of staff’s recommendation, seconded by Mr. Neil and
unanimously carried.
Mr. Hutchison 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 6:35 p.m.
UTILITY COMMITTEE
The Utility Committee meeting was held with Chairman Cole presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Blakeman moved for approval of the agenda, seconded by Mr. Sudler and unanimously
carried.
Presentation - Stormwater Utility
Mr. Scott Koenig, City Manager, advised that the City of Dover Stormwater Utility Feasibility Study
represented close to a year of background work associated with a potential stormwater utility. He
indicated that this would be important because it lays out a conceptual foundation for a potential
avenue to fund infrastructure and infrastructure repairs going into the future. Mr. Koenig noted that
there had been discussions for a long time regarding difficulties with the Municipal Separate Storm
Sewer System (MS4) permit, stating that the stormwater utility concept could potentially provide
value to the City in the permit over time. He indicated that this would be a very detailed and
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technical discussion tonight, and the point would be to introduce the concept to Council and address
any questions they may have. Mr. Koenig stated that no direct action was needed because this was
the first of many discussions that would be held over a 12 to 18 month period if Council wishes to
move forward.
Mr. David Athey, URS Corporation/AECOM, reviewed a presentation entitled, “City of Dover
Stormwater Utility Feasibility Study.” He noted that there would be many details if the intent was
to explore some of the issues, develop a framework for what a utility might look like, and start
honing in on potential costs. In regard to Slide 2, Mr. Athey explained that a stormwater utility is
totally different from existing enterprise funds, since the water, sewer, and electric utilities have
meters so that usage can be gauged. Mr. Athey commented that it is impractical to put a meter on
stormwater; therefore, there are various ways that an approximate measure can be done. He stated
that members may be asking why there is a fee to handle rain, and explained that rain has been and
will be around forever and is natural; however, stormwater is manmade and brings with it a lot of
quality issues. In reference to Slide 5, Mr. Athey advised that unmanaged stormwater can do a
number of things and can overtax drainage systems, referring to an event that occurred on Water
Street two (2) years ago.
Referring to Slide 6, Mr. Athey explained that the main focus of a stormwater utility is that it is a
very stable source of revenue. He noted that if there are a couple of northeasters, there is a lot of
focus on drainage; however, it is not uncommon for a public body’s money for drainage systems to
dry up if there is a drought for a couple of years. Mr. Athey stated that a steady, constant investment
is needed, and fluctuating investment is not good asset management. He commented that a
stormwater utility must be adequate and that there had been approximately a year of effort of really
looking at what the City’s costs are. Mr. Athey explained that such a utility can be flexible and
stormwater rates can be modified depending on changing conditions, as water, sewer, and electric
rates can be modified, and it is equitable. He informed members that this idea had been around
Delaware for approximately 10 years, going back to former Governor Ruth Ann Minner’s task force,
which concluded its work in 2006.
In reference to Slide 9, Mr. Athey stated that the costs of National Pollution Discharge Elimination
System (NPDES) MS4 permit compliance were not diminishing as permitting requirements increase.
He advised that many quantity issues were not currently being addressed. In regard to funding
stability, he indicated that this would allow funding for drainage infrastructure to be taken from the
General Fund. It would no longer compete with things that are totally different from stormwater,
and this would allow for a very focused, detailed, and well understood effort for costs to manage
these programs.
Referring to Slide 11, Mr. Athey reviewed the steps that had been taken to date. He informed
members that he worked with the City a little more than a year ago on helping to get a grant from
the Delaware Department of Natural Resources and Environmental Control (DNREC), which helped
to offset half of the costs of the study. There was a detailed investigation into City programs and
expenditures and a significant amount of Geographic Information System (GIS) electronic mapping
analyses. A complicated spreadsheet model was developed that can be modified to develop different
scenarios, and this was used to develop preliminary costs.
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In reference to Slide 12, Mr. Athey pointed out that the EFC logo at the bottom right of the slides
represented the Environmental Finance Center at the University of Maryland, which was a
subcontractor to URS/AECOM. He indicated that they are very good at public outreach materials,
which is one (1) of the City’s permitting obligations. Mr. Athey stated that EFC made enhancements
to the website, came up with a couple of presentations that were posted, and developed a citizen
survey to gauge people’s understanding of stormwater issues and recommendations.
In reviewing Slide 13, Enterprise Funds and Rates, Mr. Athey indicated that it is easier to develop
assessments for individual properties for the City’s Water/Wastewater and Electric Funds because
properties can be metered. This cannot be done with stormwater. He noted that this type of work
would have been very difficult 20 years ago before electronic mapping and GIS systems came in to
vogue and greatly simplified things. Mr. Athey indicated that because stormwater cannot be
metered, a surrogate or proxy is needed to estimate how much any property is contributing to the
system.
Referring to Slide 14, Mr. Athey explained that there is a very direct correlation between the amount
of imperviousness, relating to rooftops, pavement, and gravel on a property, and the amount of run-
off. Mr. Athey stated that with aerial photography it is possible to determine, with fairly high
accuracy, the amount of impervious surface, and the State of Delaware furnishes this every several
years. This information can be overlaid on top of an aerial tax parcel map to determine relatively
precisely how many square feet or acres of impervious surface are on a given property. The amount
of impervious surface then becomes the proxy.
In response to Mr. Blakeman, Mr. Athey explained that the impervious surface includes the rooftops,
paving, driveways, parking lots, sheds, sidewalks and anything that will not let water seep into the
ground.
Mr. Neil questioned how wetlands affect stormwater. Responding, Mr. Athey indicated that
wetlands are more a receiver than a discharger of stormwater. The desire is to seek to develop a
proxy or surrogate for the amount of run-off leaving a property. If a parcel is nothing but wetlands,
very little runoff is leaving the property. Mr. Athey noted that if five (5) acres of a 10-acre parcel
are developed, it would have much less run-off than a 10-acre parcel that is totally built out.
Mr. Neil commented that his community has 223 homes and a drainage ditch which fills. He was
unsure where the drainage ditch goes or how it affects the community.
Mr. Hare questioned if this would be similar to a rain tax and if more would be paid when it rains
more. Responding, Mr. Athey indicated that some people refer to it as a rain tax. He explained that
more would be paid if there was more runoff from a property, which relates to being equitable.
Mr. Athey stated that a lot of municipalities and counties do not have a water and sewer fund, as the
City of Dover does, and these jurisdictions pay for stormwater out of their general or sewer funds.
For clarification, he advised that a 10-acre parking lot with one (1) office and one (1) bathroom
would contribute tons of runoff; however, if sewer revenues were used, they would hardly be paying
anything. He noted that a large facility with many bathrooms and other production facilities would
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pay a different rate. Mr. Athey explained the desire was for the rate not to be based on the amount
it rains but on the amount of stormwater leaving a property.
Mr. Hare commented that if there was no rain for 12 months, there would be no stormwater leaving
his property. Responding, Mr. Athey pointed out that there would still be permitting obligations,
pipes that fail, and stream banks that are eroded up to the point of the drought. He noted that any
utility, whether water, sewer, electric, or stormwater, needs a fairly steady level of investment to be
properly managed.
Responding to Mr. Lewis regarding how the fee paid by property owners would be proportional to
their impact on the systems, Mr. Athey referred to Slide 14. He indicated that the amount of
impervious cover on every parcel in Dover could be measured, estimating that there were
approximately 10,800 parcels in the City, approximately 80% of which are single-family lots.
Mr. Athey advised that it would be administratively burdensome to measure the imperviousness on
each of these lots, noting that they only make up approximately 17% of the total imperviousness in
the City. He stated that it takes a lot of time and does not provide much additional information.
Conversely, he indicated that non-residential uses, such as commercial lots and lots on the Route 13
corridor are predominantly larger lots with a lot of imperviousness; therefore, it would be worth the
time and effort to calculate the square footage on each of those lots. Mr. Athey stated that what is
commonly done in single-family uses is to use tiers.
In reference to Slide 15, Mr. Athey explained that an Equivalent Runoff Unit (ERU) was developed
that is an average amount of imperviousness on smaller-zoned parcels. A commercial facility that
is 40 times that area would have 40 ERUs, and this would address the equity issue.
Responding to Mr. Blakeman, Mr. Athey explained that the schematic on Slide 15 depicted a house,
driveway, and a sidewalk. He stated that the surface area that water will run off would be measured.
Mr. Athey indicated that there are ratios, development intents, and other ways to do this; however,
he chose a more simplistic route. He advised that purely the amount of imperviousness was
considered, and the amount of imperviousness does not change whether it is on a 10-acre or a one (1)
acre parcel.
Mr. Athey informed members that through a fairly time-consuming exercise, working with
Mrs. Ann Marie Townshend, Director of Planning and Community Development, and the Public
Works Department staff, a detailed analysis and GIS mapping were developed to determine the
amount of imperviousness on residential parcels and then aggregated and averaged. Referring to
Slide 16, he explained that the RG-1, RG-2, RG-3, and RM-1 zoning districts had an average
imperviousness in the general area of 2,200 square feet. The RM-2, R-7, and R-8 zoning districts
averaged to 3,060 square feet or 1.4 ERUs. Larger lots in the R-10, R-15, and R-20 were
approximately 4,850 square feet or over two (2) times the base ERU rate.
Mr. Blakeman noted that there were would have been many parcels larger than 2,200 square feet and
many smaller to reach an average of 2,200 feet. Mr. Athey stated that parcel size fluctuated;
however, there was a break where none were averaging until close to the 3,000 square foot level,
when the next zoning district began. He advised that the idea was to balance administrative
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efficiency with equity, explaining that it would be possible to continue to measure each parcel in the
City; however, it would be very time consuming. In addition, if someone were to put an addition
on their home in the future or do additional paving, it would be necessary to account for this change,
which would become an administrative burden in future years. Mr. Athey noted that this would be
a policy discussion.
Mr. Blakeman expressed concern about some of the smaller homeowners being lumped into the
group. In addition, he noted that owners of larger properties would be penalized less than others.
He indicated that he would like to get a feel for how much inequity there would be in the process.
Responding, Mr. Athey indicated that they could obtain this information, reiterating that this would
be a policy discussion. He advised that some of the 1,500 or so stormwater utilities across the
country measure each and every lot and that there is no wrong answer.
Mr. Anderson asked if there was information regarding the median figures, where half the properties
would fall above and half below, to compare with the average figures. In response, Mr. Athey stated
that he did not have this information but this could easily be done.
Referring to Slide 17, Mr. Athey pointed out that single-family residential lots, which comprised
approximately 80% of the total parcels, accounted for only 16% of the overall land. He noted that
most of the City is commercial land and that Dover Air Force Base is huge. In reference to Slide 18,
Mr. Athey advised that it is not uncommon for tax-exempt entities to challenge a stormwater utility
legally on the basis that they are property tax exempt. He informed members that case law is pretty
consistently solid behind tax-exempt entities paying into the stormwater utility, just as they may pay
a water, sewer, or electric bill, assuming that all of the i’s are dotted and all revenues received from
the utility are being used for stormwater issues. Mr. Athey indicated that for this study, in
coordination with the City of Dover Public Works and Planning staff, it was decided that Dover Air
Force Base would be considered an anomaly because the Base is truly a city in and of itself. He
noted that the Base has its own systems and maintenance people, even though it is a large percentage
of overall imperviousness in the City, and this would be a policy question. Other than the Base, it
was assumed that all of the square footage would have an associated fee.
Ms. Arndt asked if tax exempt properties would pay into the stormwater fund. Responding,
Mr. Athey explained that this was also a policy question that the City would have to address. His
personal opinion was yes, and he advised that case law in general supports this; however, this did
not mean that every entity that has stormwater utilities had not carved out some uses in public policy.
In reference to Slide 19, Mr. Athey indicated that existing levels of service were determined to set
a benchmark. It was estimated that there were at least 27 employees that spend at least 80% of their
time doing stormwater-related work, and he believed that this cost was estimated at approximately
$700,000. Mr. Athey stated there were many vehicles and some capital projects, noting that the City
had discussed the Tar Ditch project for some time. Referring to Slide 20, Mr. Athey noted that the
Public Works staff maintains a number of stormwater-related structures and facilities.
Referring to Slides 21 - 23, Mr. Athey stated that the permitting requirements were not decreasing;
therefore, additional expenditures were anticipated. He explained the features of achieving the
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compliance and optimum levels of services. Mr. Athey noted that the optimum level would include
ongoing maintenance of privately-owned stormwater management structures. He indicated that
various other programs could be put into place to have a more gold-plated program. This would
include funding for proposed future capital projects.
In reference to Slide 24, Preliminary Rates and Credits, Mr. Athey stressed that a lot of assumptions
were made and the data was not perfect. He reviewed the estimated rates and credits for the existing
program, compliance level of service, and optimum level of service, stating that the compliance level
of service included additional expenditures to pay for various MS4-related programs. The optimum
level would include the capital program needs and had a significantly higher rate. Mr. Athey stated
that many facilities have stormwater structures on site, such as ponds and more modern controls such
as bioswales. He stated that the argument is often made that if a property has some sort of
stormwater control or if a subdivision has all the lots drained to a stormwater control, they should
receive some sort of credit, and this should also apply to commercial properties. Mr. Athey advised
that a policy decision would have to be made in this regard. He noted that a 33% credit was assumed
and that there are many different ways to assign credits; however, in the interest of feasibility, it was
decided to keep this fairly simple.
In regard to Slide 25, Mr. Athey indicated that a number of policy questions would need to be raised,
such as the exemption for Dover Air Force Base. He noted that an impervious cover cap was set at
two (2) million square feet. Mr. Athey advised that only nine (9) or ten (10) properties in Dover
were larger than this size. He stated that the racetrack, which is in two (2) parcels, fits into that
category, which would artificially lower their fee, and whether or how this would be handled would
be a policy question. Mr. Athey had also assumed certain escalation rates for all the City’s
expenditures. He reiterated that the mapping was not perfect, noting if there were a second phase
to this, there would need to be a little more specificity. Mr. Athey informed members that Dover is
fairly complicated from a planning standpoint in that single-family uses are allowed in multi-family
districts and, to some degree, vice versa. Certain assumptions were made regarding how many
single-family uses were in multi-family zones, which he had termed a “filter.” Mr. Athey stated that
this was a little arbitrary, but he felt it was fairly close. If a point was reached where a defendable
fee was needed, he felt this would have to be looked at more closely.
In regard to Slide 26, Mr. Athey indicated that the fee structure would relate to the ERUs, the type
of use, and then various credits. Referring to Slide 27, Fee Examples - Single-Family Residential
Lot, Mr. Athey explained that the tier rate for Tier 1 would be the same as the base rate because this
is the base. If there were a credit for a stormwater control, it would be 33% of the fee. He noted
that, in this case, if the compliance level rate was $3.25 per ERU, with the credit the rate would be
reduced to approximately $2.17. Mr. Athey reviewed the fee examples for Tier 2 and Tier 3
properties on Slides 28 and 29.
Ms. Arndt noted that there may be a large house, with more impervious surface, on a large lot, with
more pervious surface for the water to run off and dissipate and, therefore, less stormwater issues
for the City. Referring to the examples, she felt that a larger house with a larger lot should be paying
less than a larger home on a small lot since there would be more runoff. Responding, Mr. Athey
stated that some places enact a development intensity factor or ratio to reflect this point. He noted
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that 5,000 square feet of imperviousness on a one (1) acre lot would have more runoff than on a 10-
acre lot. Mr. Athey indicated that this is a policy question, noting that it would be more complicated
and difficult to explain but is doable, and some people do it. He reiterated that, in the interest of a
feasibility study, it was chosen to keep it fairly simple.
Ms. Arndt suggested looking at the possibility of having a credit if the impervious surface was 5%
or 10% of the lot to account for the runoff on the property. In response, Mr. Athey advised that a
previous client had asked them to consider soil types, which is another complicating factor.
Mr. Athey reviewed Slide 30, Fee Examples - Commercial, explaining the credits for stormwater
controls.
Mr. Blakeman stated that pervious concrete had been developed in response to the problems in New
Orleans. He explained that water percolates down through pervious concrete, and since it is not
runoff, owners do not have to pay.
Mayor Christiansen expressed his opinion that, if this system is implemented, funds should be
specifically dedicated to infrastructure, where it was supposed to go, rather than to other General
Fund issues, and that doing anything else would be totally unconscionable. He stated that he had
seen what had been done with transfer taxes and other things that were supposed to be dedicated to
specific budget items that suddenly became part and parcel of the General Fund or other issues that
they were not dedicated to. Noting that he does not have a vote in this matter, Mayor Christiansen
insisted that the money be lockboxed from Council spending for anything other than a deemed
emergency. Mr. Athey agreed with Mayor Christiansen, noting that the City could open itself up to
legal challenges by not doing this.
Mr. Lewis felt the question was whether this system was needed. Mr. Athey responded that
that would be a budget discussion. He indicated that, in working with Public Works and the
Planning Departments, expenditures of approximately $1.3M or $1.4M per year had been identified,
stating that he could get the exact number. Mr. Athey advised that compliance for MS4 would add
a couple hundred thousand dollars to this. In addition, he was unsure how capital projects estimated
at several million dollars would be paid for.
Mr. Anderson stated that much of this was now being paid by the Wastewater Fund and questioned
if this fund would be lowered, if funds would credited to people, or if people would be double
charged. Responding, Mr. Koenig advised that existing expenses are General Fund expenses and
not Water or Wastewater Fund expenses. He indicated that the requirements were for the City to get
to a compliance level of expenditures, whether through the General Fund or an alternative financing
mechanism. The stormwater utility would be an alternative funding mechanism that would lay out
financing for a public improvement among all contributing properties. Mr. Koenig stated that there
would not be cutouts for properties, noting that the equity issue would have to be addressed.
Mr. Koenig indicated that if the City does not identify alternative funding mechanisms, there would
be a need to look at general obligation bond debt for large projects, such as the Tar Ditch, or the tax
rate. He explained that the general obligation bond rate and General Fund expenses related to MS4
would be paid off by tax revenues or some other fee that is feeding the General Fund. Mr. Koenig
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stated that this alternative financing mechanism could be called a rain tax, a development tax, or a
number of things, but its purpose would be to obtain equity in addressing an infrastructure issue that
everyone has in common. Mr. Koenig did not believe that the fees mentioned, such as $5 a month
or $7 per residential house were unreasonable to address infrastructure; however, he noted that the
fees in regard to large commercial or industrial properties get very high. He advised members that
the message being proposed was not that it was being proposed to hit Dover Downs with a rain tax
of an unidentified number of thousands of dollars, it was whether members were interested in
alternative financing solutions that were being used in some areas of the country, or if they wish to
determine that these are General Fund issues and that the City must accommodate bond issues or
additional tax increases as the financing mechanism.
Mr. Anderson questioned why this would necessarily be a General Fund issue as opposed to a
Water/Wastewater issue when it comes to infrastructure like the Tar Ditch. Responding, Mr. Koenig
advised that expenses of the water/wastewater utility are all dedicated to a specific, recognized
enterprise utility with a certificate to serve. He noted that this matter is a little different in that it is
very difficult to get an accurate measurement; therefore a measurement must be estimated.
Mr. Koenig stated that the amount of water used by a water utility customer is based on how their
faucet is turned on, is very definable, and is read and billed every month; however, stormwater utility
billing is based on estimates. He noted that rainfall is not homogeneous across the City, and the
calculations made to obtain the estimated impervious area, unless done parcel by parcel, are
estimated or averaged. There is a certain margin of inequity that people can claim, depending on the
public policy decisions that are made, and the City would have to be able to defend this. He
indicated that assigning ERUs to zoning categories is defendable by running through the
calculations.
In regard to stormwater designs and controls, Mr. Koenig advised that the question becomes how
detailed a stormwater utility is desired and whether it should include grass mowing around
stormwater ponds, or if this would still be a General Fund expense. He questioned if it would get
into the public outreach costs, or if the utility would only be related to the capital infrastructure
engineering and construction. Mr. Koenig stated that this would depend upon how much weight is
desired to put on the stormwater utility to carry the burden of all of the MS4 permitting and the
infrastructure that is associated with the handling of stormwater. Mr. Koenig noted that when it is
not raining, there are no problems with stormwater, but when it starts raining, there are flooding
problems, and undersized pipe, so future financing mechanisms will be needed for the major costs
to resolve these problems.
Mr. Anderson questioned if a reduction in property taxes would be proposed if the stormwater utility
were implemented, since items would be pulled from the General Fund. Responding, Mr. Koenig
advised that although the current presentation did not address this, he felt that there should be some
equalization. If $1M in expenses was pulled from the General Fund, he felt it would seem
reasonable to reduce the General Fund burden by $1M and the tax rate could be recalculated,
everything else being equal.
Mr. Neil questioned how Kent County Conservation District fits into this. In response, Mr. Koenig
indicated that when a development comes in, development application fees are paid to the
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Conservation District related to design, review, and construction. If the utility were created, he felt
there would be less burden on the Conservation District in the long run because the City would have
a better mechanism to control maintenance on stormwater management facilities. Mr. Koenig stated
that currently if a homeowners’ association has a pond that they are not maintaining, there is a
routing through the Conservation District. If this utility were created, he assumed that additional
legal authority would be given to the City to compel those types of maintenance to be done very
quickly by the homeowners’ association, or the City would be able to step in under the utility and
create those improvements. Mr. Koenig informed members that Council had approved resolutions
for several subdivisions that had entered into the Kent County maintenance district. The City put
a caveat in those resolutions saying that the City had no objections to those subdivisions entering into
the County maintenance district if they chose to. If the City creates a stormwater utility, Mr. Koenig
believed that the City would want to ensure that those properties revert out of the County district and
into the City’s utility so that everyone is on the same footing. Mr. Koenig advised that as the City
gets bigger and has a utility 15-30 years down the road, the City would be on better footing if it had
its own approval process. The City would assume the Conservation District duties of being able to
review plans, etc.
Mr. Koenig stated that downtown redevelopment is very difficult for the City because there is no
way to trade stormwater, and stormwater created on one (1) property cannot be moved to another
property for treatment. He indicated that utility planning tends to encourage regional or multi-
property addressing of stormwater management because there is an umbrella government entity that
can help facilitate this issue. Mr. Koenig noted that a couple of developments in the area were
sharing ponds, and this seemed to be working. It was unknown what would happen in the future if
parties cannot agree on what needs to be done. He advised that if the utility were created, there is
potential that the City, at some point, would want to take over the types of functions currently
performed by the Conservation District. Mr. Koenig advised that the City is in partnership with the
Conservation District, which is part of the City’s MS4 permit, so there is no intent to do this
immediately, since it would be necessary for the City to add staff. If the utility were set up, Council
could make a better argument to the State saying that the City would like to control its own destiny
with development and hire staff to address those issues. Without the utility, Mr. Koenig did not
believe the City would have a very strong case to become a delegated agency at the State because
of the way the system currently works. He advised that the utility was not being proposed under any
circumstances so that the City can become a delegated agency, but this is something that could
happen in the future if the circumstances are correct.
Mr. Hutchison asked if Mr. Athey had looked at the stormwater utilities in Lewes and Wilmington.
Responding, Mr. Athey explained that he had helped to set up the utility in Lewes. He was not as
familiar with Wilmington’s utility, which was enacted 10 years ago; however, he noted that
Wilmington has a combined sewer, with sanitary and stormwater in the same line, and has enormous
permitting problems that they must address. Mr. Athey advised that Lewes had kept their rate low.
He did not believe they were funding capital projects from it but that it was purely for operational
recovery. Mr. Hutchison asked Mr. Athey to go to Wilmington to look at this specifically. He noted
that the City of Dover has a larger land mass than the City of Wilmington, and he felt it would be
interesting to look at their project, the cost, and how it has impacted them and return with a
recommendation. Mr. Athey stated that he could do this; however, he felt it would be an apples and
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oranges comparison because Wilmington spent tens of millions of dollars on an enormous storage
tunnel to store their combined sewage. He noted that Dover does not have those issues to deal with.
Mr. Athey indicated that he would be more than happy to develop a summary of some of the things
that Wilmington was doing.
Mr. Blakeman stated that the City of Dover owns the streets and questioned if the City would be
charged a fee for stormwater control. Mr. Athey explained that this had been debated, noting that
the Delaware Department of Transportation (DelDOT) owns some of streets as well. He stated that
enacting a fee for DelDOT would not be easy to do and noted that DelDOT maintains a lot of their
storm drainage infrastructure. Mr. Athey indicated that everyone was not on the same page as far
as who should be maintaining what. In regard to City streets, he indicated that this would involve
one (1) department writing a check to another and felt that this did not seem worth it.
Ms. Arndt noted that a survey of residents had been referenced earlier in the presentation and
questioned how many residents were surveyed and what their responses were. Responding,
Mr. Athey indicated that the EFC did this survey, stating his belief that there were approximately
70 - 80 responses and a summary was compiled. He offered to make this available.
Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded
by Mr. Sudler and unanimously carried.
Meeting adjourned at 7:33 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion
was seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 7:34 p.m.
Timothy A. Slavin
Council President
TAS/TM/js/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2016\07-12-2016 CCW.wpd
Attachments
Attachment #1 - Correspondence from Robert Clark II, President, Wesley College, and a proposal entitled “The
Adaptive Re-use of the Former Dover Public Library Proposal”
Attachment #2 - Email from Mr. Thomas Leary dated July 12, 2016, regarding Library Giveaway
Attachment #3 - Correspondence dated July 12, 2016 from Michael J. Harrington, Jr., President, Kent County
Association of Realtors, regarding Proposed Ordinance #2016-18 - Corridor Overlay Zone Height
Limitation Amendment
Page 70
ATTACHMENT #1
Council Committee of the Whole Meeting of 07/12/2016
July 12, 2016
Mayor Robin Christiansen
PO Box 475
Dover, DE 19903
Dear Mayor Christiansen ,
Thank you for allowing me the privilege of addressing City Council on this mutually beneficial
proposition that I truly believe will help change lives and transform our community. As I look
at the unique and historic partnership that Wesley College and the City of Dover has enjoyed
since 1873, I felt it only fitting that as I plan to expand the scope and enrollment of our
College, I do so ever mindful of the economic and social impact that our students, faculty ,
staff and families have on the prosperity and future of our great city.
We are both individuals with a keen sense of service over self, and we are both pragmatically
optimistic about Dover's future economic potential and the role that Wesley College will play
in transforming our community's potential into reality . Enclosed is a proposal from Wesley
College for your consideration . It proposes gifting the former Dover Public Library to the
College so that the building may be re-purposed as a state-of-the-art educational facility
dedicated to health sciences and other high-demand fields of study that address critical local ,
state and regional needs. In addition to meeting the educational needs of our community and
region , the potential seven-day-a-week use of the building will provide a needed influx of
commerce into the Dover downtown district.
Thank you for all that you do for our students, our College, our community and our future. I
look forward to our partnership in providing the infrastructure that will allow us to meet the
educational needs of our region while providing the economic catalyst to revitalize our
community.
I taJk. ~ TP Tllf ~ fU-1/1-l
fAL
Robert E. Clark II
I c;vr< tlJW71AJLJu) P~.AJf/l$t-ff/J. , ..
0.v£. /~ -oAJt ~1u.r- t>AJt 7u"'Jt,t I
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President of The College
~~ .
Great Things Await
Office of the President I 120 North State Street I Dover, Delaware 19901-3875
tel (302) 736-2508 Ifax (302) 736-2312 I www.wesley.edu
Page 71
The Adaptive Re-use of the
Former Dover Public Library
Proposal
Great Things Await
www.wesley.edu
Page 72
Great Things Await
Wesley College Summer 2016
Proposal
Wesley College proposes that in exchange for the conveyance of
the former Dover Public Library located on South State Street, the
College will convert the building into a state-of-the-art education- Offering
al facility dedicated to the teaching and training in health science
and other high-demand fields of study that would serve the City of health
Dover and the surrounding area.
science and
In addition to building and strengthening the partnership between
the City of Dover and Wesley College, the transfer of ownership of other high
the former Dover Public Library will relieve the city of associated
costs of the building and ensure that an unutilized building with demand
limited parking is now put to productive use .
fields of
Uniquely, and most importantly, the transfer and partnership will
bring new life to Downtown Dover with the influx of students, study
faculty, and families who will utilize the facility seven days a
week, morning and evening.
Page 73
Projected Costs
The College is estimating the total projected cost of renovation and ret-
rofit for this building will be in excess of $2 million.
This cost estimate is based upon the report commissioned by Wesley
.., • College from Becker
!r
Morgan and Allen and
Shariff Engineering.
Their findings indicate
the former Dover Pub-
lic Library will require
substantial upgrades
to building systems,
fire suppression and
Americans with Disa-
bilities Act to be
brought up to current
building codes, and to
meet basic expecta-
tions of a modern
work environment.
This baseline cost for
systems upgrades
alone is estimated to
cost $310,000 for me-
chanical systems,
$142,000 for the elec-
trical system, and
$163,000 for plumb-
ing. In addition to the
aforementioned
$615,000, fire sup-
pression and ADA requirements will easily add an additional $300,000
- $400,000 to the baseline renovation, resulting in approximately $1
million simply to bring the facility to code.
An additional $1 million will be required for the required renovation
and retrofit of the building for the specific desired educational purpos-
es, such as classrooms, labs etc. This amount is an estimate based upon
renovation costs per square foot of the former Frear Federal Building on
New Street (now known as Johnston Hall) . The College acquired this
facility from the United States Government in 2012 and consequently
renovated and retrofitted for similar use.
Page 2
Page 74
Economic Impact Ownership Vs.
A recently completed economic impact analysis for Wesley College Leasing
demonstrated in vivid terms the positive economic influence Wesley
has on the local area, state and region. According to the analysis, Wes-
ley College contributes approximately $86,000,000 to the economy of Wesley College is pre-
Kent County. While a specific number for Dover was not provided, it
is certainly defensible that the vast majority of this amount is realized pared to raise the
in the City of Dover as the College sits in the very heart of the city. The necessary funding to
stability and continuing
growth of Wesley College
renovate the former
directly impacts the eco- Dover Library.
nomic, intellectual, social
and cultural vitality of the
residents of the City of Do-
ver. In recent years Wesley As already mentioned,
has consolidated its educa- we have a proven
tional offerings from both track record of sue-
Kent and New Castle coun-
ties to the Dover campus cess.
and Dover Air Force Base,
resisting overtures to locate
satellite services elsewhere.
However, we would
The acquisition and re- not be eligible for sig-
purposing of the former nificant revenue
Dover Public Library would
produce economic activity streams upon which
and new jobs within the we would depend for
city. Significant numbers of
this renovation if the
students, faculty, and visit-
ing families of prospective College did not own
students would be moving the facility outright.
each day from the main campus to the former Dover Library site, as
well as Johnston Hall. This foot traffic through the downtown, particu-
larly the Loockerman Street corridor, will have significant impact on
the local businesses and hence the economy, both short and long term. Partners, including
The number of students annually utilizing the new facility would be foundations and fed-
estimated to be in excess of 500. While impossible to put a number on
this economic activity, it is obvious that it would be significant. eral or state grants,
require that the
In addition to the long-term and sustained economic benefit to the City,
short-term economic benefit will be realized as renovation and up-
building in which
grades are initiated. As plans for the facility are formulated, prelimi- their dollars are in-
nary estimates call for 5 to 7 initial permanent jobs, with additional vested be owned by
ones to follow. Salary and benefits for these new positions would be
estimated at $250,000 to $350,000. Also, construction jobs and other the College. Private
ancillary positions will benefit from renovation that will take several donors also would be
months to complete.
less likely to invest
Wesley College is committed to being an integral partner to the contin- significant dollars in a
uing revitalization of downtown Dover. As the College continues to leased facility.
grow, the increasing integration of the Wesley campus and the down-
tqwn area is a part of the strategic direction envisioned by the College
leadership. Wesley believes that an ever increasing vitality for the city
benefits the College, and a strong and growing Wesley benefits Dover.
Page 3
Page 75
History of Public/Private Partnerships
Wesley College has enjoyed an excellent working In 2012 the General Services Administration
relationship with both the City of Dover, the Levy (GSA) of the United States Government trans-
Court, the governor, and state legislators. Coopera- ferred ownership of the former Allen Frear Feder-
tion between the college and government entities in al Building on New Street to Wesley College. The
two significant public/private partnerships over the GSA declared the building as surplus in order to
past few years has greatly benefited both Wesley avoid the costs of modernization. The acquisition
College and the community. of this building was the culmination of nearly
three years of effort by Wesley to make a strong
In 2011 Wesley completed the North and South
case for the relocation of our acclaimed nursing
Plazas on the campus. This streetscape project con-
program to that facility conveniently located be-
verted public through streets into pedestrian walk-
tween the campus and Bayhealth. Significant
ways, buried utility lines, erected lighting for safety
support from the Mayor and City Council of Do-
and aesthetics, converted a playground into a park-
ver, coupled with the united voices of the Levy
ing lot, and created new greenspaces. The transfor-
Court, Kent County legislators, the Governor,
mation to the campus was significant. None of this
both of Delaware's U.S. Senators and House
would have been possible without the full support
Member, as well as Bayhealth, convinced the GSA
of the Dover City Council who deeded the streets to
that Wesley was the logical recipient. The Col-
the College. Dover also worked with Wesley to be
lege spent approximately $3,500,000 to repur-
the municipal sponsor of Community Transporta-
pose the facility into a state-of-the art health sci-
tion Funds which created the public parking lot on
ences building. Wesley was successful in fund-
the campus. A $1,580,000 grant from the Dela-
raising these dollars from individual donors,
ware Infrastructure Fund, coupled with private
foundations, corporations, and a state appropria-
fundraising from the College, produced a trans-
tion. Today, the building which is now known as
formative $3,000,000 initiative that has enhanced
Johnston Hall, is a busy and bustling location for
the campus and the community.
students, faculty and staff. (continued on page 5)
r-:-:- - ---.
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Page 4
Page 76
Histo1y of Public/ Private Partnerships continued from page 4
Master's of Occupa-
Wesley College has an established record of success in pub- tional Therapy
lic/private partnerships. The College has proven itself to
be a good steward of the resources given and to follow Demand
through on promises made.
The Carriage House that sits adjacent to the former Dover In Dela ware there are on -
Library is a separate facility that Wesley would be pleased ly two Certified Occupa -
to have Dover consider as the location for a Dover Museum tional Therapy Programs
in honor of the city's pending 3001h birthday celebration.
As a central part of Dover's history since the College's Starting Fall 201 G the on -
founding in 1873, Wesley College would welcome a part- ly graduate program in
nership with the City of Dover for a joint venture to share Delaware will be \Vesley's
the city's rich history and celebrate its future. Wesley fac- iVlaster's in Occupational
ulty and students offer a significant source of human capi- Therapy program
tal to enhance this project.
Nearest institutions loca t -
ed in l'hiladelphia, PA
Only nine graduate pro-
grams within 100 mile
radius
230 Occupational Thera -
pists employed in Dela -
ware
(Bureau al Labor .Stati<>-
tics)
Over 185 Job Vacancies
in Delaware
(111decd.co111)
Top 10 Best Careers
(Time)
These Are Among the 5
Former Allen Frear Federal Building decommissioned Most In-Demand.Jobs
and awarded to Wesley College in November 2012 Right Now
(Tlil1E,jmwa1J' 2014)
$3 million dollars in gifts and grants utilized to refur-
bish building
Projected Growth
Opened to students in January 2014
29% Nationally
Named in honor of Dr. and Mrs. William Johnston in
May 2015
Page 5
Page 77
Summary HIGHLIGHTS
The re-purposing of The 50-acre main
the former Dover Li-
campus features a
brary is a great op-
portunity to make a library, 19 buildings,
positive impact on recreational facilities
the future of our plus a location at !r
community and re- DAFB
gion. Wesley College
has been approached First Master's of Occu-
by other municipali- pational Therapy
ties to open similar program in Dela-
satellites, but has re-
mained committed to ware (Fall 2016)
Dover and the trans-
formation that col- 1,600 students attend
lectively can be real- Wesley from 30
ized for our commu- states (46% from
nity and our future . Delaware) and 18
Wesley will assume countries
the liability of this
property, which is costing Dover to maintain, needs significant The student to faculty
capital investment for modernization, offers little parking for ratio is 17 - 1
commercial ventures, and has been under utilized since the re-
location of the library to Loockerman Sh·eet. The College in- Over 35 areas of study
tends this facility to be used only for educational purposes. in arts and sciences,
Wesley would be pleased to negotiate a right of first refusal to
the City of Dover should the building ever cease to be used for business, health sci-
this purpose and put on the market for sale. ences, education,
and fine arts includ-
Most importantly, Wesley College will ensure the revitalization ing graduate pro-
of a building that will be renovated and put to a useful purpose, grams
namely the training of young professionals including, but not
limited to, occupational therapists, who are in very high de- NCAA Division III level
mand in Delaware. New jobs will be created, foot traffic into athletics in 18 sports,
the downtown will be increased, and an unused building will be
re-purposed. Both Wesley College and the City of Dover are the several of which, in-
long-term beneficiaries from this proposal. cluding football,
consistently rank
For more information about this proposal please contact Wesley among the top pro-
College President Robert E. Clark II at 302- 736-2508. grams in the country
College Raptor Inc.
named Wesley the
top "Hidden Gem"
institution in the
state of Delaware
c 0
Great Things Await
Page 78
ATTACHMENT #2
Council Committee of the Whole Meeting of 07/12/2016
From: Tom Leary
To: City Council; Christiansen. Robin
Cc: City Clerks Office
Subject: Library giveaway
Date: Monday, July 11, 2016 8:02:21 PM
To hold a public office is a solemn undertaking. One is responsible for many things . Some decisions have short
tenn results and others are more of a long tenn nature . Sometimes the short term p1i01ity and the long term are in
opposition and then the decision to resolve, to take the best course for our constituents, must be even more
deliberative and less impulsive. One must be even more wary of the short term gratification.
You are the public trustees and charged, as your oath of office demands, to protect our city for future generations.
So as impo1tant as cull"ent expense management might seem to some , longer tenn repercussions must be considered
as well.
I am simply stunned that anyone in city government thinks that it is a good idea to hand over a valuable taxpayer
owned asset without any financial compensation at all. It is equally incredible that you would take the word of the
acquirer of the property as to what needs to be done by way of repairs. The na·ivete is palpable.
What independent appraisals, if any, have been pe1fonned?
Have other competing bids been received or recently solicited?
Is the proposal before you the result of some private all"angement thus giving it the air of cronyism?
How does this "fit" with the city's long term plan? Is there a plan?
The short term benefit might be some relatively small budget savings but it is a long term disaster. ..a decision made
without the usual customs that sull"ound a city transaction.
The argument to move forward with the Wesley proposal is devoid of any sound ethics on behalf of the taxpayers
you are charged to represent.
Some members of council are fond of saying that "the city should be run more like a business."
That surely is not happening here.
My recommendation is to pull this from the agenda while your and Wesley's reputations are still intact.
Councilman (ret) Thomas Lea1y
Sent from my iPad
Page 79
ATTACHMENT #3
Council Committee of the Whole Meeting of 07/12/2016
Page 80
CITY OF DOVER City Council Meeting
July 25, 2016
FISCAL YEAR JULY 1, 2015 TO JUNE 30, 2016
1 of 2
QUARTERLY REVENUE REPORT
As of June 30, 2016 - PRELIMINARY
FY16 100.0%
FY16 REVISED YTD % BUDGET FY15 FY14
GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes $ 12,495,500 $ 12,428,500 $ 12,434,600 100.0% $ 10,841,200 $ 10,777,800
2 Payment In Lieu of Taxes 398,700 405,000 412,200 101.8% 335,500 316,700
3 Transfer from Electric Fund 10,000,000 10,000,000 10,000,000 100.0% 10,000,000 8,000,000
4 Intrafund Service Receipts Electric 3,738,500 3,586,700 3,628,000 101.2% 3,478,800 3,427,300
5 Transfer from Transfer Tax Fund 1,340,000 2,090,200 2,188,600 104.7% 1,713,800 1,544,100
6 Business Licenses 1,425,000 1,472,000 1,475,800 100.3% 1,403,100 1,494,300
7 Intrafund Service Receipts Water/Wastewater 1,492,700 1,420,200 1,422,000 100.1% 1,341,600 1,218,900
8 Sanitation Fees 2,580,000 2,530,000 2,527,500 99.9% 2,578,900 2,595,600
9 Permits & Other Licenses 1,436,300 1,436,300 1,735,800 120.9% 1,490,200 1,597,300
10 Transfer from Municipal Street Aid Fund 564,200 673,100 673,300 100.0% 664,300 664,900
11 Fines & Police Revenue 702,300 651,400 652,000 100.1% 666,700 653,600
12 Police Extra Duty Fees 533,000 461,500 541,600 117.4% 503,000 562,900
13 Transfer from Police Grant Funds 74,400 172,700 159,600 92.4% 127,100 80,200
14 Court of Chancery Fees 1,065,100 1,090,400 1,123,700 103.1% June fees not yet received 1,118,700 1,034,500
15 Transfer from Water/Wastewater Fund 850,000 850,000 850,000 100.0% 500,000 500,000
16 Transfer from Contingency - - - 0.0% 50,000 250,000
17 Transfer from Civil Traffic Penalties Fund 450,000 480,000 442,800 92.3% June redlight revenue not yet received 495,200 357,500
18 Library Revenues & County Reciprocal Pymt 522,000 379,600 419,700 110.6% 480,800 498,600
19 Franchise Fees 672,300 682,300 510,600 74.8% Q4 franchise fees not yet received 683,400 648,300
20 General Fund Grant Receipts 673,500 673,500 572,500 85.0% 733,900 571,000
21 Recreation Revenue 149,000 149,000 183,200 123.0% 149,300 151,900
22 Other Miscellaneous Receipts 129,600 163,700 173,600 106.0% 257,500 175,500
23 Interest Income 35,000 140,000 172,100 122.9% 35,100 34,500
24 2014 Bond Proceeds (Refinance 2003 Bonds) - - - 0.0% 475,000 -
TOTALS $ 41,327,100 $ 41,936,100 $ 42,299,200 102.4% $ 40,123,100 $ 37,155,400
Final Budget $ 39,795,600 $ 37,127,200
Page 81
CITY OF DOVER City Council Meeting
July 25, 2016
FISCAL YEAR JULY 1, 2015 TO JUNE 30, 2016
2 of 2
QUARTERLY REVENUE REPORT
As of June 30, 2016 - PRELIMINARY
FY16 100.0%
FY16 REVISED YTD % BUDGET FY15 FY14
WATER/WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 6,200,000 $ 5,366,600 $ 5,457,100 101.7% $ 4,889,000 $ 4,459,800
2 Wastewater Fees 3,728,000 3,823,800 3,745,500 98.0% 3,735,900 3,562,400
3 Wastewater Adjustment Fees - County Trtmt 3,026,500 2,997,600 2,936,800 98.0% 2,952,900 2,930,300
4 Groundwater Inflow Adjustment 1,864,300 1,965,600 1,878,100 95.5% 1,831,800 1,316,200
5 Water Impact Fees 250,000 253,400 238,000 93.9% 536,900 252,200
6 Wastewater Impact Fees 250,000 222,400 207,500 93.3% 482,200 230,200
7 Water Tank Space Leasing 341,900 341,900 338,000 98.9% 344,800 360,300
8 Interest Income 3,000 10,000 4,600 46.0% 2,300 3,616
9 Other Miscellaneous Revenues 64,000 56,200 70,000 124.6% 75,000 61,300
TOTALS $ 15,727,700 $ 15,037,500 $ 14,875,600 94.6% $ 14,850,800 $ 13,176,316
Final Budget $ 14,386,300 $ 13,023,500
FY16 100.0%
FY16 REVISED YTD % BUDGET FY15 FY14
ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 78,279,200 $ 78,493,800 $ 77,844,900 99.2% $ 77,011,700 $ 76,928,300
3 Utility Tax 1,281,100 1,309,600 1,309,700 100.0% 1,266,900 1,259,000
4 Transfer from Rate Stabilization Reserve 3,000,000 750,000 750,000 100.0% 3,000,000 7,000,000
5 Miscellaneous Revenue 927,800 1,242,000 1,211,600 97.6% 1,389,400 906,400
6 Interest Income 47,900 35,000 65,700 187.7% 21,200 10,500
7 Intrafund Service Fees - Water/Wastewater - - - 0.0% - 130,800
TOTALS $ 83,536,000 $ 81,830,400 $ 81,181,900 97.2% $ 82,689,200 $ 86,235,000
Final Budget $ 81,766,000 $ 88,283,600
Page 82
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2016-18
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1),
4 Subsection 27.66 - Building Height of the Dover Code be amended by deleting the text indicated in red
5 strikeout and inserting the bold, blue text, as follows:
6 27.66 Building height.
7 (a) Buildings shall be limited in overall height to 35 feet and shall not exceed two stories. Any
8 building or part thereof located within 100 feet of the right-of-way line of the roadways
9 referenced in Section 27.3 hereof shall not exceed thirty-five (35) feet in height or two (2)
10 stories.
11 ADOPTED: *
12 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-18 APDX B-ZONING, ART 3, SEC 27, SUBSEC 27.66-BUILDING HEIGHT\ORDINANCE #2016-18 APDX B-ZONING, ART 3, SEC 27, SUBSEC
13 27.66-BUILDING HEIGHT-FIRST READING.wpd
14 SYNOPSIS
15 The proposed amendment revises the building height (development guideline) limitation for
16 a defined area on properties within the Corridor Overlay Zone (COZ-1)
17 (SPONSORS: HARE AND HUTCHISON)
18 Actions History
19 07/25/2016 - Scheduled for First Reading - City Council
20 07/12/2016 - Introduced - Council Committee of the Whole/Parks, Recreation, and Community Enhancement Committee