Page 1
REGULAR COUNCIL MEETING
AGENDA
JANUARY 25, 2016 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS h 15 LOOCKERMAN PLAZA h DOVER, DELAWARE
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 BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN SUDLER
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
A. SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015
B. SPECIAL COUNCIL MEETING OF JANUARY 11, 2016
C. REGULAR COUNCIL MEETING OF JANUARY 11, 2016
2. PROCLAMATION - BLACK HISTORY MONTH
3. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - EMERGENCY
CASE - PROPERTY LOCATED AT 53 SOUTH NEW STREET, OWNED BY SIEKEN
INVESTMENTS LLC
(STAFF RECOMMENDS: 1) DECLARING THIS BUILDING AND ALL ACCESSORY STRUCTURES ON
THIS PROPERTY DANGEROUS; 2) ORDERING THE PROPERTY DEMOLISHED OR REPAIRED BY
FEBRUARY 10, 2016 BY THE OWNER OR EQUITY OWNER AT THEIR OWN RISK; 3) ORDERING
THE BUILDING INSPECTOR TO CAUSE THE DEMOLITION OF THE STRUCTURES IF NOT
COMPLETED BY THE OWNER WITHIN 10 DAYS OF THE DATE ESTABLISHED BY CITY COUNCIL;
AND 4) ORDERING THE CITY MANAGER, WITH THE ASSISTANCE OF THE CITY SOLICITOR, TO
CAUSE THE COST OF DEMOLITION TO BE CHARGED AGAINST THE LAND ON WHICH THE
BUILDING EXISTS AS A MUNICIPAL LIEN OR CAUSE SUCH COST TO BE ADDED TO THE TAX
DUPLICATE AS AN ASSESSMENT, OR TO BE LEVIED AS A SPECIAL TAX, OR TO BE RECOVERED
IN A SUIT AT LAW AGAINST THE OWNER.)
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COUNCIL AGENDA - JANUARY 25, 2016 PAGE 2
* 4. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
JANUARY 11, 2016
A. PROPOSED RECREATION CENTER - DOVER PARK
(COMMITTEE REFERRED THE PROPOSAL BACK TO THE MAYOR FOR MORE INFORMATION)
B. AVAILABILITY OF SOCCER FIELDS
(COMMITTEE ACTION NOT REQUIRED)
C. LIGHTING AND SECURITY AT THE HAMLET PARK
(COMMITTEE ACTION NOT REQUIRED)
D. CITIZEN SUGGESTIONS - DOWNTOWN AMERICAN FLAG PROJECT, JUNE MYERS
(COMMITTEE ACTION NOT REQUIRED)
5. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 11, 2016
A. PROPOSED ORDINANCE #2016-01 AMENDING APPENDIX B - ZONING, ARTICLE 3 -
DISTRICT REGULATIONS, SECTION 1 - ONE-FAMILY RESIDENCE ZONES [(R-20, R-15,
R-10, R-8 AND R-7)], SUBSECTION 1.1 - USES PERMITTED, SUBSECTION 1.15 -
ACCESSORY USES, LIMITED TO THE FOLLOWING:, PARAGRAPH (D) - KEEPING DOMESTIC
ANIMALS (SPONSORS: HARE, HUTCHISON, AND COLE) (SEE ITEM #9A)
(COMMITTEE RECOMMENDED AMENDING THE ORDINANCE TO INCLUDE CHICKENS,
TURKEYS, DUCKS, AND ANYTHING ELSE STAFF FEELS WOULD QUALIFY AND THAT
RESIDENTS BE REQUIRED TO REMOVE FOWL WITHIN THREE (3) MONTHS FROM PASSAGE
OF THE ORDINANCE)
* 6. QUARTERLY REVENUE REPORT
(STAFF RECOMMENDS ACCEPTANCE OF THE REPORT)
7. EVALUATION OF BIDS
A. MASTER ELECTRICIAN
(STAFF RECOMMENDS AWARDING A BLANKET MASTER ELECTRICIAN SERVICES
CONTRACT TO THE LOWEST BIDDER WITH NO MINIMUMS, DEVARY ELECTRIC FOR
THREE (3) YEARS WITH THE OPTION TO EXTEND FOR AN ADDITIONAL TWO (2) YEARS
(FIVE (5) YEARS TOTAL) AS PER THE PRICING INCLUDED IN THE BID SUBMITTAL. THE
OPTIONAL TWO (2) YEARS EXTENSION WILL BE AT THE DISCRETION OF THE ELECTRIC
DIRECTOR.)
B. ENVIRONMENTAL SERVICES
(STAFF RECOMMENDS AWARDING A BLANKET ENVIRONMENTAL SERVICES CONTRACT
TO COMPLIANCE ENVIRONMENTAL, INC. WITH NO MINIMUM AMOUNTS. THE INITIAL
PERIOD OF THE CONTRACT WILL BE THREE (3) YEARS WITH AN OPTION TO EXTEND THE
CONTRACT FOR AN ADDITIONAL TWO (2) YEARS (FIVE (5) YEARS TOTAL) AS PER THE
PRICING INCLUDED IN THE SUBMISSION.)
* 8. CONFIRMATION OF POLICE PENSION ELECTION - RETIRED CAPTAIN JOHN SIGLER -
THREE (3) YEAR TERM TO EXPIRE JANUARY 31, 2019
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COUNCIL AGENDA - JANUARY 25, 2016 PAGE 3
9. FIRST READING - PROPOSED ORDINANCES
IT IS RECOMMENDED THAT A PUBLIC HEARING BE SCHEDULED BEFORE THE PLANNING
COMMISSION ON FEBRUARY 16, 2016 AT 7:00 P.M. AND THAT A PUBLIC HEARING BEFORE
CITY COUNCIL BE SET FOR MONDAY, MARCH 14, 2016 AT 7:30 P.M. AT WHICH TIME THE
SECOND READING AND FINAL ACTION BY COUNCIL WILL TAKE PLACE. COPIES OF THE
PROPOSED ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF COUNCIL CHAMBERS OR CAN
BE OBTAINED FROM THE CITY CLERK'S OFFICE.
A. ORDINANCE #2016-01 WITH STAFF AMENDMENT #1 (SA#1) AMENDING CHAPTER 18 -
ANIMALS, SECTION 18-1 - DEFINITIONS, AND APPENDIX B - ZONING, ARTICLE 3 -
DISTRICT REGULATIONS, SECTION 1 - ONE-FAMILY RESIDENCE ZONES [(R-20, R-15,
R-10, R-8 AND R-7)], SUBSECTION 1.1 - USES PERMITTED, SUBSECTION 1.15 -
ACCESSORY USES, LIMITED TO THE FOLLOWING:, PARAGRAPH (D) - KEEPING DOMESTIC
ANIMALS AND ARTICLE 12 - DEFINITIONS
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
B. ORDINANCE #2016-02 AMENDING THE 2008 COMPREHENSIVE PLAN, AS AMENDED, BY
REPLACING MAP 12:1: LAND DEVELOPMENT PLAN (PROPOSED REVISIONS TO LAND USE
CLASSIFICATIONS OF MULTIPLE PROPERTIES (MI-16-01))
C. ORDINANCE #2016-03 - REZONING REQUEST FOR LANDS OF KESSELRING
COMPANY, LLC AND OTHERS, CONSISTING OF 37.2+/- ACRES LOCATED WEST OF NEW
BURTON ROAD AND THE RAILROAD CORRIDOR AND INCLUDING THE PROPERTY
LOCATED AT 1436 NEW BURTON ROAD. THE PROPERTIES ARE CURRENTLY ZONED R-20
(ONE-FAMILY RESIDENCE ZONE) AND THE PROPOSED ZONING IS IPM (INDUSTRIAL
PARK MANUFACTURING ZONE)
(T AX P ARCELS : ED-05-085.00-01-07.00-000 AND ED-05-085.00-01-07.00-001; P LANNING
REFERENCE: Z-16-02; COUNCIL DISTRICT 2)
D. ORDINANCE #2016-04 - REZONING REQUEST FOR PROPERTY LOCATED AT 834 SOUTH
STATE STREET, CONSISTING OF 17,000+/- S.F, OWNED BY MICHAEL W. AND
WINIFRED M. BRAUN. THE PROPERTY IS CURRENTLY ZONED R-8 (ONE-FAMILY
RESIDENCE ZONE) AND THE PROPOSED ZONING IS C-PO (COMMERCIAL AND
PROFESSIONAL OFFICE ZONE)
(TAX PARCEL: ED-05-077.17-03-45.00-000; PLANNING REFERENCE Z-16-03; COUNCIL DISTRICT 2)
10. COUNCIL MEMBERS’ ANNOUNCEMENTS
11. ADJOURNMENT
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2016\01-25-2016 REVISED 01-22-2016.WPD
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE
TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
Page 4
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on December 9, 2015 at 5:00 p.m. with Chairman Slavin
presiding. Council members present were Mr. Anderson, Mr. Cole, Mr. Hare, Mr. Hosfelt,
Mr. Hutchison, Mr. Lewis, Mr. Neil, and Mr. Sudler.
Council staff members present were Mr. Koenig (departed at 5:54, returned at 6:01 p.m., and departed at
6:35 p.m.), Mrs. McDowell, Mrs. Mitchell, Mrs. Townshend (arrived at 5:54 p.m.), and Mr. Rodriguez
(arrived at 5:54 p.m.). Mayor Christiansen, Chief Bernat, Mrs. Hawkins (departed at 5:54 p.m.),
Mr. Hudson, and Mr. Bowser (departed at 5:54 p.m.) were also present.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.
Mr. Hutchison moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(4) -
collective bargaining strategy session, seconded by Mr. Cole and unanimously carried.
The Special Meeting recessed at 5:01 p.m.
Mr. Neil moved to adjourn the Executive Session, seconded by Mr. Anderson and unanimously
carried.
Executive Session adjourned at 5:54 p.m.
POTENTIAL ACTION RESULTING FROM THE EXECUTIVE SESSION
Tentative Labor Agreement - Fraternal Order of Police (FOP)
Council President Slavin stated that during the Executive Session, Council discussed the tentative
labor agreement with the Fraternal Order of Police (FOP). He indicated that no vote was taken in
executive session and no vote was scheduled to be taken during the open session of the meeting.
Mr. Slavin extended an opportunity for members of the public to speak regarding this matter.
Mr. LaMar Gunn stated that it had been brought to his attention, based on the agenda, that there was
discussion on a tentative labor agreement between the City of Dover and the FOP. He indicated that
most of the people in attendance were probably aware of the Officer Webster trial. Noting that he
had some experience and familiarity with that incident, Mr. Gunn expressed his opinion that it was
in the public’s interest to handle the agreement situation with some level of transparency and
involvement from the community. He stated the need to learn from past mistakes, and not keep
doing the same things and expecting a different result. Mr. Gunn believed that the public should
have some view of the labor agreement so that they could actually see what was being proposed and
what Council was planning to vote on in the coming days. He indicated that he did not have all the
facts and was hoping that the public, like himself, could learn them so they could participate in the
issues affecting this great City. Noting that he had a relationship with the current Chief of Police and
the previous Police Chief, Councilman Hosfelt, Mr. Gunn indicated that he was made aware of some
things and tried to share as much as he possibly could with members of the community; however,
he felt that it should not come down to things being relayed through him. Mr. Gunn urged that there
be an open government where all parties who are stakeholders can participate in decisions that, in
his opinion, are major and affect all. He felt that there was room to make significant improvements
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 2
to the labor agreement in regard to the Police Department and possibly the powers of the Chief,
Mayor, or the City Manager. Mr. Gunn indicated that he was asking to start a positive dialogue
regarding the contract and the improvements that could be made to prevent situations like those
recently experienced with regard to the Officer Webster trial and the incident involving Mr. Lateef
Dickerson. He expressed the desire to learn from this incident and make amendments to the contract
as necessary. Mr. Gunn questioned if residents or constituents would be permitted to see the contract
and requested that it be posted on the City’s website.
Mr. Slavin stated that when the agreement is brought forward for public vote, it becomes a part of
the packet that is provided for that meeting.
Mr. Gunn asked if the public was permitted to see the tentative labor agreement that was listed on
the agenda. Responding, Mr. Slavin stated that State law prohibited the City from sharing the
agreement until the public vote, which was tentatively scheduled for the next Regular City Council
meeting on Monday, December 14, 2015.
Mr. Gunn questioned if members of the public could see the agreement beforehand, noting if they
waited until it was presented on December 14, 2015, there would not be much time to review it.
Responding, Mr. Slavin stated that this was the procedure.
Mr. Gunn asked if there was a special committee within Council that was reviewing the agreement
in preparation for the vote. Responding, Mr. Slavin explained that Council meets as a whole to
discuss the agreement in executive session.
For clarification, Mr. Gunn stated his understanding that members of the public would not get a
chance to review the tentative agreement before it was scheduled for a vote on Monday,
December 14, 2015. Responding, Mr. Slavin stated that members of the public were invited to be
present on Monday when the agreement would be brought forward. At that time, they could listen
to presentations that are made and the questions raised by their elected officials.
Mr. Hosfelt advised Mr. Gunn that the City’s current contract with the FOP was available on the
City’s website.
Mr. Gunn asked if the current FOP contract was identical to the tentative contract that was being
presented. Responding, Mr. Hosfelt stated that he could not discuss the tentative contract.
Ms. Sandra Dyer, 600 West Division Street, expressed her hope, after viewing the tape of the police
officer, that he would not be walking the beat in Dover and that the Police Chief had the power to
make that decision. If not, she felt that the contract needed to address this, stating that the officer
treated a human being as if he were a dog. Ms. Dyer stated that a professional should have some
self-control and should have been trained to know how to handle a situation and handle his own
emotion.
Council President Slavin requested that speakers talk about the contract.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 3
Mr. Anwar Dyer, 52 Traybern Boulevard, Camden, stated that it was going to be very important to
keep Officer Webster off the street, indicating that it was not safe for any officer, personnel, or
citizens for an officer like that to be on the street. Mr. Dyer advised members that he, his kids, and
his family members walk the street. He implored members to make sure that they look at the best
interests of everyone and stated his wish to be clear and provide fair warning about putting this
officer back on the street. Mr. Dyer stated that he was not asking but demanding that members make
the best decision or there would be consequences.
Dr. Kimberly Milligan expressed her belief that it was important that all the power does not lie in
just one (1) person or one (1) group’s hands, whether it is the police, the Police Chief, or the Mayor.
She thought that more hands needed to be on deck when it comes to hiring and firing. Dr. Milligan
felt that the public and those who represent the public should have a say in people getting hired and
fired. She did not think that only the FOP should be in charge of hiring and firing police officers and
that others should have a say as well. She expressed her opinion that Officer Webster is a pig.
Mr. Enrico Stratton-Bey stated his belief that returning Officer Webster to the police force would
allow the community to see that they had no rights and that Council did not care about them. He felt
it would also show that Council was giving the police the ability to say that it was okay to continue
the action that they had been continuing for more than 20 years. Mr. Stratton-Bey did not think it
reasonable to look at the video and say that it was legal and justifiable for those in or out of uniform
to treat citizens this way, regardless of their history. He stated that if someone out of uniform had
committed an act like that, they would not have gotten the same play that Officer Webster got.
Mr. Stratton-Bey stated that the victim is usually there when someone is on trial; however, the victim
was not present, and he felt this was misconduct. He expressed his opinion that if an ordinary citizen
had done this, a warrant would have been issued for them, and there would have been threats made
that they needed to be there or they would have been prosecuted. Mr. Stratton-Bey felt that putting
Officer Webster back on the force would tell the community and the citizens of Delaware and Dover
that police have the right to attack citizens whether they are in a felony prone position or if they are
being snatched out of a vehicle. Mr. Stratton-Bey felt that this was history and it was not changing.
He stated that change had to start with Council and asked members not to let the public think that
they did not matter. Mr. Stratton-Bey noted that things were happening around the country that were
not wanted here, noting that children and grandchildren have to grow up in these streets and did not
want them to face this because if this had been his son, there was no telling what would have
happened. Mr. Stratton-Bey expressed the need for change now, not in five (5) or 10 years, noting
that Council had this document and the opportunity to make a change and he hoped they would do
the right thing.
Ms. Cecile Coleman, 28 North Queen Street, stated that she thought it strange that Dover, Delaware
was being compared to Mississippi and questioned how this community allowed what had occurred
to persist. She indicated that she could not get over the visibility of the injustice showing.
Ms. Coleman stated that she felt that people have something wrong with their brains, especially those
of the so-called people of the jury, noting that everyone saw what was on the dashcam. She felt that
the jurors were peculiar looking and something was wrong with that group, noting that she could not
prove this. Ms. Coleman advised Council that they had the ability to make a correction and this was
in their hands and nobody else’s at this point. She felt that the FOP had big money to do what they
were doing to keep things going. Ms. Coleman stated that Officer Webster had a history of all kinds
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 4
of complaints for years and nothing was done, nor was anything done regarding this occurrence. She
reiterated that it was in Council’s hands to make the correction so that Officer Webster would not
go back on the force or on the streets. Ms. Coleman felt it was a big slap to the community to think
that this man could walk around here and be an officer, questioning how there could be community
relations when this was allowed to occur. She stated her desire to not be in Mississippi any longer.
Ms. Lillian Rogers, 67 Lynnhaven Drive, stated that she was looking around at fathers, brothers,
sons, and grandfathers and people who she hoped would decide to turn the page today. She stated
that the African-American community had not had good relations with the police and the City of
Dover and that Council could decide right now to start anew by sending the message that, “sure you
got off with this, but we won’t tolerate this.” Ms. Rogers stated that these types of people were not
wanted on the police force.
Responding to Ms. Rogers, Mayor Christiansen confirmed that he was in charge of the Chief of
Police.
Ms. Rogers stated that if the Mayor is in charge of the Chief of Police and the police officers are
doing what they are doing, the Mayor could fire the Chief of Police. She felt that the Police Chief
would have to clearly understand that he must take care of all the people and keep them safe, and she
believed it was in his heart and in the hearts of all Council to do the right thing. Ms. Rogers felt that
anybody who saw that video would know that the verdict was not the right thing. She understood
that nothing could be done about that; however, members would get to decide on Monday whether
they were going to do the right thing. She noted that they would get to turn the page and expressed
her hope that they would do so for all citizens.
Reverend Rita Paige, 355 Rita Wilma Road, Dover, concurred with everything that had been said.
She expressed her trust that those whom had been entrusted and elected to be a voice for people
would do the right thing and not have Officer Webster back on the police force. She felt that young
African-American males and females were being threatened now. Reverend Paige indicated that she
personally had some reservations, slight concern, and fear about the safety of her children, nephews,
and nieces, and for all of the young people in this community as they walk the streets. She stated
that she was not convinced that justice would be served and they will not be harmed even if they do
what the police ask, as she thought the videotape clearly showed. Reverend Paige felt that in order
to keep peace, the community needed to build relationships with the police. She stated that this
incident had knocked down that relationship; however, she indicated that when people get hurt, you
have to rebuild trust, just as in a marriage. Reverend Paige was not convinced that all of the police
officers or those in charge agreed with what happened. She stated her understanding that
Councilman Hosfelt, former Chief of Police, had Officer Webster arrested or wanted to, and
Mr. Hosfelt confirmed this. Reverend Paige expressed her hope that they would stand for what they
really believe. She offered a passage of scripture, stating that those who are Christians of faith are
required to do justly, love mercy, and walk humbly with our God, stating her trust that members
would do this.
Ms. Carol Dyer, 52 Traybern Boulevard, Camden, stated that she agreed with everything that had
been said and that this was an emotional subject for everyone, particularly people of color. She
stated that others do not have to wake up every morning and determine whether someone was going
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 5
to look at them, whether they have to steal anything. They do not have to have a conversation with
their children about making sure their hands are in or out of their pockets, or whether they have to
say yes sir or no sir. Ms. Dyer stated that members have the luxury of not doing that. She advised
members that her kids were straight-A students and that children can be taught everything, but what
parents cannot control is someone shooting at them. She indicated that Officer Webster was able
to change the way he looked, but she could not change the color of her skin. Ms. Dyer asked
members to do their best to look at the hiring process and put people of color in the position, who
understand. She stated that she had seen some of the training methods used that were inappropriate
and that they were always looked at as a threat, which she felt was unfair for her child or anyone’s
child. Ms. Dyer stated that many people were tired, noting that she was disgusted and furious.
Ms. Dyer advised members her 14-year-old had stated that Mr. Webster would be found not
guilty because they had heard of Tamir Rice being shot at age 12; Aiyana Jones, while sleeping;
John Crawford; and Sandra Bland, etc. She stated that she, her son, and her daughter were all those
individuals who are at risk just by walking or getting a traffic ticket. Ms. Dyer noted that McVey
and everyone else that have murdered and caused chaos are white, can walk off, and are not shot at,
while she does not have that luxury. Ms. Dyer stated that she was angry and hurt and asked that
Officer Webster not be put back on the streets, which would be an insult to her and to the families
present. She stated that they would do whatever it takes to put pressure on the community and make
sure that the right thing is done. Ms. Dyer stated that she was tired of praying because this had not
brought anything but continuous chaos while people were shooting around the kids.
Mr. Fred Tolbert thanked Council for allowing those present to speak, noting that Council did not
have to do that. He stated that people had strong feelings about what happened. Noting what was
in the newspapers and what was going on in this country, he stated that we do not need to let this
happen in Dover. Mr. Tolbert felt that Council had their hearts in the right place, although they may
not do the right thing all of the time. He stated that meetings like this were needed to make Council
aware of how the people feel, and he was present to support that. Mr. Tolbert stated that they were
looking to Council to do the right thing to protect the African-American community who was being
abused unmercifully and unnecessarily. He felt that enough was enough.
Ms. Elaine Parker, 95 Pear Blossom Lane, Camden, advised members that justice should have no
color and they were asking Council to do the right thing. She stated that her community has to rear
its kids differently and tell them certain things that others never even probably think about.
Ms. Parker stated the need to understand that people have more in common than they have
differences and to look beyond what a person looks like. She stated she had no doubt that if the
incident had involved a black police officer and a white male, he would not have been convicted and
she felt this was a travesty. Ms. Parker felt that all of the cases across the country proved this and
that there was cover-up. She questioned how to trust the people that are paid to work for the
community and for their best interest and expressed the need to do the right thing. Ms. Parker stated
that she had tried to see beyond the video. Noting that it had been said that the officer aimed his kick
for the upper torso, she questioned why he was kicking at all when there were two (2) police officers
with guns there. Ms. Parker felt that injustice had been going on for hundreds of years. She felt that
some white people were surprised, noting that if there had not been a video no one would have
believed the incident happened and the case would not have been reopened. Ms. Parker stated that
something was very wrong and it has to be stopped. She asked that members find out what is going
on and stop hurting kids and families. She stated that there was not an African-American in the
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 6
world that could not provide a case of discrimination, bias, prejudice, mistreatment, in every area,
including employment. For example, she explained that, as the only African-American participant
in a multi-cultural training session, she had recounted being followed in stores to make sure that she
was not stealing anything since this was the stereotype. Subsequently, a co-worker told her that after
hearing this account, this co-worker observed three (3) African-American males being followed in
this manner. Ms. Parker appealed to Council to come together and fix this thing because treating
everybody equally or justly would bring about a better Dover and a better world.
Mr. Claude O. Tolson, 34 Heritage Drive, stated that he was probably known by some of the older
officers because for many years he was in a lot of trouble with a lot of police officers. He felt that
what was happening today was a travesty of justice. Mr. Tolson advised members that he had been
arrested by police who were concerned about his well-being, what was going on with him, why he
was not in school, and why he did not have a job. He felt that members should want bad officers out
of the force because they give the rest of the good officers a bad name. Mr. Tolson stated that some
officers think the worst of someone because of the neighborhood where they live, noting that an
officer stated that he needed to get a job and stop selling drugs because of where he was living,
although he was working two (2) jobs and going to college at the time. He explained that this officer
was still on the force today, noting that his blood curdles every time he sees this officer due to the
way he treats people just because of the color of their skin. Mr. Tolson felt that there must be
something in the FOP contract to allow the weeding out of what was not good, noting that otherwise
this issue would not stop but fester in the community. He stated that kids must interact with people
of color and questioned who would protect the kids if everyone goes back to the old days when
people hated each other because of color. Mr. Tolson stated the need to stop this while there was
an opportunity. He felt the fact that Officer Webster was found not guilty was the worst travesty of
justice seen in his lifetime and that this would be seen by anyone who watched the videotape.
Mr. Tolson indicated that he cried when he saw the videotape because he thought it could have been
him or his 22-year-old son. He advised members that his son was arrested a couple of months ago
and charged with five (5) armed robberies because he was in Whatcoat. Mr. Tolson paid $5,000 that
he did not have in order to get his son out on bail and all charges were dropped without going to
court. He questioned where the justice was, stating that they knew he had nothing to do with it. He
indicated that injustice to anyone anywhere was injustice to everyone everywhere.
Mr. Pernest Sparks stated that he did not want to give his address because of fear for the safety of
himself and his family, stating that he could not trust the system which had failed him and his kids.
He advised members that he was the father of 12 children, eight (8) of whom were living at home.
Mr. Sparks felt that the verdict they witnessed was a smack in the face. He agreed with those who
had spoken and with the gentleman who said that when Officer Webster does hit the streets, he may
run against young people, noting that there are a lot of young people that do not care. Mr. Sparks
felt that there was a problem with kids hurting each other and stated the desire for good officers that
can be trusted. Mr. Sparks expressed worry about sending his kids to the store if Officer Webster
were on the scene, stating his concern that bullets could be exchanged if Officer Webster were
recognized. Mr. Sparks stated that he never expected something like this to happen in Dover. He
stated that he felt that Dover was a nice place to raise a family but not anymore, not with this
gentleman getting off with something like this. Mr. Sparks indicated that he understood that police
officers have a job to do but noted that they also have a job to protect and serve. He understood that
Officer Webster may have felt threatened; however, Mr. Sparks felt no one would feel threatened
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 7
by someone on their knees. Mr. Sparks disagreed with the outcome and felt that Officer Webster
should not have a job on the Dover police force or anybody’s police force. He asked that members
not let Officer Webster have a job. Mr. Sparks felt that if he had been performing Officer Webster’s
job himself, he would have been fired, noting that he had held hundreds of jobs and been fired from
them all for little things, stating his belief that disorderly conduct was anything that made someone
turn their head.
Mr. Anwar Dyer inquired if Mayor Christiansen would be looking to see if he could get
Officer Webster out. Responding, Mayor Christiansen stated to rest assured that he would take the
appropriate action.
Mr. Dyer stated that he had shaken hands with the Mayor before about the Fletcher issue and things
changed up. He asked if the Mayor would give him his word. Responding, Mayor Christiansen
stated that he would do the best he could, and this was his word.
Mr. Anderson noted that Regular Council Meetings were normally televised and posted to the
website. He questioned if the audio of this meeting would be posted for public record. Responding,
Mr. Slavin stated that the public portion of the meeting was a matter of public record. He noted that
audio is not typically posted; however, a way would be figured out to post the audio for this meeting.
Responding to Mr. Sudler, Mr. Slavin stated that a motion was not needed to post the audio and he
would make sure that this happened.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
The Special Meeting adjourned at 6:37 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of December 9, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on January 11, 2016 at 5:00 p.m. with Council President Slavin
presiding. Members present were Mr. Anderson, Mr. Cole, Mr. Hare, Mr. Hosfelt, Mr. Hutchison,
Mr. Neil, and Mr. Sudler. Mr. Lewis was absent.
Council staff members present were Mr. Koenig, Mrs. Mitchell, and Mrs. McDowell.
Mayor Christiansen was also present.
ADOPTION OF AGENDA
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Mr. Neil moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(4) - Potential
Litigation and Collective Bargaining Strategy Session, seconded by Mr. Hosfelt and
unanimously carried.
The Special Meeting recessed at 5:00 p.m.
Mr. Neil moved to adjourn the Executive Session, seconded by Mr. Anderson and unanimously
carried.
Executive Session adjourned at 5:48 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Conciliation Order by Consent - Department of Natural Resources
During the Executive Session, Mr. Scott Koenig, City Manager, provided historical information
related to the City’s Municipal Separate Storm Sewer System (MS4) Permit and advised members
of a Conciliation Order proposed by the Department of Natural Resources.
Mr. Anderson moved to accept the City Manager’s recommendations and authorize him to
enter into conciliatory decree negotiations and agreement. The motion was seconded by
Mr. Hosfelt and unanimously carried.
Mr. Anderson moved for adjournment, seconded by Mr. Hare and unanimously carried.
The Special Meeting adjourned at 5:50 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of January 11, 2016 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 11, 2016 at 7:40 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Hosfelt, Mr. Hare, and Mr. Hutchison.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mr. Koenig,
Mrs. Townshend, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present (departed at 7:47 p.m.). Fire Chief Carey was absent.
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. Eshed Alston advised members that he had lived in Delaware for 40 years, was an honorably
discharged veteran, and had served at Dover Air Force Base. He stated that, due to an order from
a judge who Mr. Alston felt was racist, he was unable to attend Delaware State University.
Mr. Alston indicated that he filed litigation, and Mr. Charles Oberly had now removed this matter
to federal court and was prosecuting Mr. Alston for bringing prosecution against Mr. Oberly.
Mr. Alston stated that he was getting no help from the National Association for the Advancement
of Colored People (NAACP) state-wide, noting that he was receiving more support from Mr. David
Gist, from the Fraternal Order of Police (FOP), than from the NAACP. Mr. Alston stated that before
New Year's Eve, a Councilman's daughter had been embarrassed in public because of paperwork that
was not done properly, correctly, or in a manner suitable to Council. As a paperwork specialist,
Mr. Alston stated that he could have gotten this done; however, as a result of the politics of racism,
he was not asked. He felt that this Councilman would rather have his daughter embarrassed in public
than ask for assistance from a qualified black person. Mr. Alston felt that the City of Dover was in
crisis because of fraud and corruption in both the black and white communities. He expressed his
opinion that veterans should be supported and that an honorable discharge should be worth
something in America.
Mr. Syl Woolford, 1006 Coventry Lane, Newark, stated that he had been before Council previously
to lobby for an apology for slavery and thanked City Council for supporting this initiative four (4)
or five (5) years ago. He advised members that he considered himself a concerned citizen on many
issues, noting that he is involved in the community, lectures on African-American history, and is
involved in many civic organizations. Mr. Woolford stated that a policeman had used undue or
unnecessary force, which should have been remedied by the criminal justice system but was not.
From reading newspaper articles regarding this issue, Mr. Woolford felt there was a need for change
and discussion. He indicated that no one had the right to kick anyone in the face or chest to bring
them to justice. Mr. Woolford advised members that another agency, organization, or voice was
being sought to remedy the situation, noting that silence was unacceptable, since silence says that
what had occurred was right and just, but it was not. Mr. Woolford felt that there was much that
could be done. He stated that the issue was not going away and that the Mayor and Council had to
say this incident was wrong and would not happen again, whether the gentleman was black, white,
rich, poor, green, yellow, or back in jail. Mr. Woolford stated that a police force cannot be on the
street inflicting punishment on citizens and someone must stand up and say “not in this town, not
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 2
in this jurisdiction, never again.” He expressed his hope that he would read in the paper that the City
of Dover stated that they apologized for what had happened, it would never happen again, and
Corporal Thomas Webster IV was off the police force.
Mr. James Wilson advised members that on approximately December 13th or December 20th, he
was pulled over by a young, black police officer while returning to Dover from Wilmington, and was
asked for his license, registration and insurance, which he provided. He stated that he was not
speeding and was wearing a suit. Mr. Wilson informed members that he questioned why he was
stopped and the officer indicated that he had a federal warrant and called two (2) additional officers,
after which there were three (3) police cars present. He stated that the officer then said that he did
not have a warrant. Mr. Wilson questioned if there was a law that states that the police can scan his
tag every time they see him, because he would like to see this before filing an investigation with
internal affairs at the Dover Police Department. Mr. Wilson stated that, according to Facebook, a
police officer in South Carolina who pulled a black teenager across the floor after slamming him into
a chair had been fired. He questioned if Council had the same heart to stand up as had been done
there, stating his belief that they did not. Mr. Wilson expressed his belief that most white people
condone evil. He felt that most people supported what Officer Webster had done, noting that the
related video showed Lateef Dickerson on the ground. He felt that if Council was for freedom,
justice, equality, and equal protection for blacks, there would have been no need for everyone to be
present tonight. Mr. Wilson stated his opinion that some people do not want to change but desire
to keep things like they were before 1965. He felt that slavery had been abolished except when
someone commits a crime; therefore, it had not really been abolished and people were just playing
games. Mr. Wilson questioned if games would continue to be played in Dover and if poor, black
people would continue to be beaten up. He requested members to make a statement that enough is
enough, in order to make things better and united in Dover and encouraged them to make the right
decision.
Mr. Jack Guerin, Wilmington, stated that he was concerned about the excessive use of police force
in Dover. He advised members that he was present because of press reports indicating that Officer
Webster might be returned to duty, and he hoped that this was not true. Mr. Guerin felt that the
young man that Officer Webster attacked appeared to be unarmed and obsequiously cooperative.
He stated his understanding that Officer Webster was on probation when this incident occurred and
that, several months earlier, Mr. Webster and another officer had taken two (2) drunken suspects
from a 7-Eleven store in Dover to a rural area near a wildlife refuge in Little Creek and left them
there. He noted that court papers filed by the prosecution indicated that one (1) of these individuals
had asked to be taken to the hospital. Mr. Guerin stated that Officer Webster had generated 29
use-of-force reports, noting that three (3) strikes in Delaware will get someone a long prison
sentence; however, 29 strikes could qualify someone to return to duty as a police officer. Mr. Guerin
expressed concern about the type of people being hired to uphold the law in the State capital, noting
that police officers are hired to protect citizens and not to attack them. He felt that reinstating
Officer Webster would send a message to other police officers that there is no accountability for use
of excessive force. Mr. Guerin advised members that police brutality is unacceptable, Officer
Webster should be dismissed, and the City should require a strong new police contract outlawing
excessive force.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 3
Mr. LaMar Gunn advised members that he had been involved in football for many years, having
played and coached, and that he was now serving as a college football official. He noted that in
recent years he had made bad comments about coaches and players, calling them soft when they
complained about rough hits. Mr. Gunn indicated that he had been wrong in making those
comments, and that his old school, tough way of playing football had to advance with the times. He
stated that policing policies were also out of date and asked the Mayor, Council President, Police
Chief, and Council to prove that they care and are open to change by discarding outdated policies
and becoming the model for 21st century policing. He noted that Council members and the Mayor
each had a unique set of skills and talents and that the people who elected them deserve better than
the status quo. Mr. Gunn indicated that those in attendance during the Special Council Meeting of
December 9, 2015 were led to believe that Council was committed to meeting requirements for
transparency and working to bring people together. He stated that he left that meeting believing that
members of the community would have an opportunity to review and make suggestions for
improving the City's labor agreement with the FOP. Mr. Gunn felt it was uncontroverted that the
old FOP agreement was synonymous with the leather helmets once used for football and was more
suitable for community trash receptacles. He advised members that he wanted good officers to
receive raises and have a labor agreement; however, he questioned if the City must continue to
operate under a closed government approach, driven by clandestine decisions and meetings geared
towards protecting bad actors or officers. Mr. Gunn stated that he had listened to several officers
and good, hard-working people who live here and expressed his desire to share with members a five
(5) point plan focused on maximizing safety and improving cultural competency. He felt that
Council would either strengthen their legacy by showing that they care or they would show who they
were by ignoring the cries and interests of an entire community and would be written into the record
for good or bad. Mr. Gunn indicated that he would like to believe that the elected officials were
good people who would do what is difficult and hear the concerns of their brothers and sisters, stand
as a model for the rest of the country and, as reflected in the State motto, be first and consider the
needs of all people, stating that it was Dover's time to lead.
Ms. Cami Seward, Newark, stated that she was part of a coalition to dismantle the new Jim Crow.
She agreed with Mr. Gunn that it was time for Dover to lead as the capital city of the First State.
Ms. Seward advised members that law enforcement was very important to her, as her father worked
for the department of corrections, retired as a warden of a federal prison in Texas, and then went on
to become the Director for the State of Alaska. She stated that she had worked in juvenile justice,
and her husband had worked his entire career in juvenile justice as well. Ms. Seward's brother was
a retired policeman who went on to be a detective, and she indicated that she valued good law
enforcement. She felt that it was time for Mr. Webster to move on, noting that most people leave
jobs at different points in life for various reasons. Ms. Seward stated her understanding that the
decision was with the Chief of Police and Mayor and she encouraged them to take this opportunity
to begin healing the City of Dover.
Ms. April Murray, 2465 McKee Road, President, Dover Jaycees, stated that this civic group had been
in Dover for 75 years and she expressed a desire to forge a better union with the City, shine a
positive light for young professionals in Dover, and to help forge programs for younger people.
Ms. Murray informed members that the organization runs several programs, including a program
called Pitch, Hit, Run, which is run by Major League Baseball. She expressed the hope of the
Jaycees to unify the schools and get kids off the couch into the fresh air and onto the field.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 4
Ms. Murray stated that members could look forward to hearing more from her, stating an intention
to hopefully be present at Council meetings every month. She noted that her first act as President
of the Dover Jaycees for 2016 was to make sure that their meeting times would allow for them to
attend City meetings.
The invocation was given by Reverend Theodore Henderson, 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. Lewis requested that item #12A - Legislative, Finance, and Administration Committee Report
of December 14, 2015 - Pilot Take Home Vehicle and Carryover Program, be removed from the
Consent Agenda.
Mr. Lewis moved for approval of the Consent Agenda, as amended, seconded by
Mr. Anderson and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF NOVEMBER 23, 2015
The Minutes of the Special Council Meeting of November 23, 2015 were unanimously
approved by motion of Mr. Lewis, seconded by Mr. Anderson and bore the written approval
of Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 -
VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE
The Minutes of the Special Council Meeting of December 9, 2015 (Violations of the Dangerous
Building Ordinance) were unanimously approved by motion of Mr. Lewis, seconded by
Mr. Anderson and bore the written approval of Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015
The Minutes of the Special Council Meeting of December 9, 2015 were unanimously approved
by motion of Mr. Lewis, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 14, 2015
The Minutes of the Regular Council Meeting of December 14, 2015 were unanimously
approved by motion of Mr. Lewis, seconded by Mr. Anderson and bore the written approval
of Mayor Christiansen.
PRESENTATION - RECOGNITION OF SERVICE - JAMES P. WEBSTER - PUBLIC
ADVISORYCOMMITTEE OF THE DOVER-KENT COUNTY METROPOLITAN
PLANNING ORGANIZATION (MPO) (JANUARY 2007 THROUGH OCTOBER 2015)
On behalf of the Mayor, Council, and City Staff, Mayor Christiansen presented Mr. Webster with
a Dover Cup in recognition of his many years of service on the Public Advisory Committee (PAC)
of the Dover-Kent County Metropolitan Planning Organization (MPO).
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 5
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2015-23 -
REZONING REQUEST FOR PROPERTY LOCATED AT 904, 910, 930, 950, 956, 970, 986,
AND 992 WHATCOAT DRIVE, OWNED BY WHATCOAT COMMUNITY
DEVELOPMENT, INC.
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 904, 910, 930, 950, 956, 970, 986, and 992 Whatcoat Drive, consisting of 4.282+/- acres,
owned by Whatcoat Community Development, Inc. The property is currently zoned RG-1 (General
Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is
RG-2 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). (Tax Parcel:
ED-05-067.19-02-11.00-000; Planning Reference Z-15-04; Council District: 4).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2015-23 be acknowledged by
title only, seconded by Mr. Cole and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of November 23, 2015.)
Planner’s Review
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the
petition to amend the zoning district and the findings and recommendations of the Planning
Commission. She noted that the Planning Commission recommended approval of the rezoning
request.
Public Hearing
Council President Slavin declared the public hearing open.
Mr. Andrew L. Parker, 910 Whatcoat Drive, stated that he was in support of the changes that are
being proposed for renovating. He questioned whether the RG-2 zoning would change the number
of subsidized housing in the community. Responding, Mrs. Townshend stated that the housing
subsidy is addressed through the State program and the zoning would not affect it.
There being no one else present wishing to speak, Council President Slavin declared the public
hearing closed.
Mr. Hare moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Neil and, by a unanimous roll call vote,
Council adopted Ordinance #2015-23, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 904, 910, 930, 950, 956, 970, 986, AND 992 WHATCOAT DRIVE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 6
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from RG-1 (General Residence Zone) and subject to the COZ-1 (Corridor
Overlay Zone) to RG-2 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay
Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
RG-1 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) to RG-2
(General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that
property located at 904, 910, 930, 950, 956, 970, 986, and 992 Whatcoat Drive, consisting
of 4.282+/- acres, owned by Whatcoat Community Development, Inc.
(Tax Parcel: ED-05-067.19-02-11.00-000; Planning Reference Z-15-04; Council District: 4)
ADOPTED: JANUARY 11, 2016
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2015-20
A public hearing was duly advertised for this time and place to consider approval of proposed zoning
text amendments to Appendix B - Zoning, Article 12 - Definitions of the Dover Code.
Mr. Hare moved that the Final Reading of proposed Ordinance #2015-20 be acknowledged by
title only, seconded by Mr. Cole and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of November 9, 2015.)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the amendments clarify that a one-family dwelling is a permanent dwelling unit placed on a
permanent foundation, designed and intended for use by one family, and that one-family dwellings
shall not included manufactured homes or mobile homes, but shall include modular homes
constructed to the standards of the City Building Codes. She noted that the amendment adds a
definition for manufactured homes. Mrs. Townshend advised members that this is the first step in
a series of changes that will be coming forward to address the issue of manufactured housing in the
City of Dover, and to update and thoroughly review the residential zones to ensure that they are
providing the uses and the standards that the City wants. She also advised that the Planning
Commission recommended adoption of the ordinance.
Council President Slavin declared the public hearing open. There being no one present wishing to
speak, Council President Slavin declared the hearing closed.
Mr. Hare moved for adoption of the ordinance, as recommended by the Planning Commission.
The motion was seconded by Mr. Cole and, by a unanimous roll call vote, Council adopted
Ordinance #2015-20, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 7
That Appendix B - Zoning, Article 12 - Definitions of the Dover Code be amended by revising the
definition for Dwelling, one-family and inserting the definition for Manufactured Home, to read as
follows:
Dwelling, one-family: A permanent dwelling unit placed on a permanent foundation and designed
and intended for use by only one family. One-family dwellings shall not include manufactured
homes or mobile homes but shall include modular homes constructed to the standards of the Dover
Code of Ordinances, Chapter 22 - Buildings and Building Regulations.
Manufactured Home: A factory-built housing unit designed and constructed to meet the
Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and
Urban Development (HUD) Code. A manufactured home is built on a chassis that supports the
structural integrity of the home and to allow transport to the site. Factory-built units built to meet the
HUD Code and constructed after the code took effect on June 15, 1976 are classified as
“manufactured homes.”
ADOPTED: JANUARY 11, 2016
TENTATIVE LABOR AGREEMENT - FRATERNAL ORDER OF POLICE (FOP)
(TABLED DURING THE MEETING OF DECEMBER 14, 2015)
During their Regular Council meeting of December 14, 2015 members of Council reviewed the
proposed changes to the labor agreement for the Fraternal Order of Police (FOP). Noting that they
had heard from the community and emotions were running high and that there were two (2) separate
matters under consideration, Council members tabled action on the tentative labor agreement until
the first meeting in January to provide Chief Bernat and the Human Resources Department time to
determine what actions could be taken.
Mr. Hosfelt moved to lift the item from the table. The motion was seconded by Mr. Sudler and
carried with Mr. Anderson voting no.
Mr. Scott Koenig, City Manager, reminded members that Mr. William Bowser, the City’s Labor
Chief Negotiator for the FOP successor agreement, previously briefed Council on the highlights of
the tentative agreement that was reached between the City’s negotiating team and the FOP and
ratified by the FOP. He reviewed the tentative agreement, noting that a majority of the changes focus
on the salary table and the benefits and compensation associated with employment as a Dover police
officer. Mr. Koenig advised that there were some changes to holidays, overtime calculations, the
physical fitness requirement, education assistance, and an incentive for Dover police officers to live
within the incorporated municipal limits of the City of Dover.
Mr. Lewis asked how the labor agreement would affect the City Budget. Responding, Mr. Koenig
stated that the calculation provided to Council was the estimated cost to implement the salary portion
of the tentative agreement, which is approximately $1.45M over three (3) years. He noted that
savings would be generated through health care cost sharing for new employees and the change from
80 to 84 hours for the officers on a patrol shift. Mr. Koenig advised that, for the current fiscal year,
the tax rate would remain the same and the tax rate would be reviewed for FY17 and FY18 through
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 8
the budget process. He stated that Staff has committed to trying to keep all of the costs associated
with the labor agreement within the existing tax structure.
Responding to Mr. Sudler, Mr. Bowser stated that there were questions raised prior to his
December 14th presentation regarding the tentative collective bargaining agreement and the adoption
and the application of rules and regulations of the Police Department itself. He noted that nothing
in the tentative contract prohibits or limits the Chief of Police from applying the department’s rules
and regulations. Mr. Bowser noted that Article 1.7 of the collective bargaining agreement
specifically provides that the Chief of Police has the exclusive right to discharge or discipline
officers for violation of departmental rules and regulations. He read Article 1.7 for the record, as
follows:
The management of the City of Dover Police Department and the direction of all
Department personnel, including the right to hire, assign, suspend, transfer, promote,
discharge, or discipline for violation of the rules and regulations of the Department,
duly promulgated, providing for such discipline, and to maintain the discipline and
efficiency of its members is vested exclusively in the Police Chief.
Mr. Bowser noted that the article provides that the Chief’s authority cannot be in derivation of State
law. In this regard, the Chief’s authority, or the collective bargaining agreement, could not violate
the rights provided to an officer under the Police Officer’s Bill of Rights, which was under
discussion in the prior meeting.
Mr. Neil stated that, in other words, this was the same section of that agreement that was in place
when the former Chief of Police sent what he believed was Webster’s violation against the rules to
a grand jury. Responding, Mr. Bowser stated that Section 1.7 deals with the right of the Police Chief
to discipline the police force and has the authority to do so under the rules and regulations. Mr. Neil
indicated that the Chief of Police did everything possible to show that excessive force was not
acceptable. He also noted that State law must be obeyed and any proposed changes must come from
the State. Mr. Bowser concurred that any Dover Ordinance or collective bargaining agreement must
respect State law.
Mr. Anderson stated that he did not feel that the Officer’s Bill of Rights would prohibit the City from
updating the policies and procedures to include that excessive force is a dismissible offense.
Responding, Mr. Koenig stated that he could not speak to the Officer’s Bill of Rights; however,
Section 1.7 allows the Chief of Police to duly promulgate rules and procedures.
Mr. Anderson asked Mr. Koenig if he thought they would be worse off if excessive force being a
dismissible offense were included in the contract instead of updating the policies and procedures.
Responding, Mr. Koenig stated that the broad management rights clause empowers the Chief of
Police to direct the police force and to promulgate rules and regulations. He noted that nothing in
the contract impairs his right to do so.
Mr. Sudler moved for approval of the labor agreement with the Fraternal Order of Police (FOP), as
recommended by Staff. The motion was seconded by Mr. Hosfelt.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 9
Mr. Anderson stated that he wanted to vote for the agreement because he wants to even out the pay
for the lower ranks and be competitive for minority recruitment, as well as recruitment of quality
candidates in general; however, he was concerned that certain changes still have not been made and
they have been told to be patient and to wait. He stated that there is a point in time when, after 250
years, you wonder how much longer you are going to wait and be patient. Mr. Anderson advised
that he is a conservative who believes in the institutions of this country and those that make this
community great. He stated that he was supportive and also a Constitutionalist who believes that
first and foremost, we have to live with the Constitution, which limits government. Without limited
government there are no human rights or freedom. Government has to be held on a short leash. To
do that, we have to respect the 4th, 5th, and 14th Amendments of our Constitution. If the State fails
to do it, if the Federal government fails to do it, then we who have taken an oath have to make sure
that our local policies and procedures do it. It is our government at a local level, and we have to
make sure we fulfill our own oaths. Mr. Anderson stated that he believes they need to support their
local police because they do a great job, noting the work they do building the community and their
statistics-based management. He stated that he would rather have left the labor agreement on the
table to continue the effort of making sure that the City’s policies and procedures are a model and
a leader in the Capital of the first State.
Mr. Hutchison thanked everyone for expressing their views, noting that their concerns were the
City’s concerns. He stated that he has lived in this community for a lifetime, has served this
community for 25 years as a police officer, is a retired Chief of Police with the City, and has served
10 years as a Mayor of this City. Mr. Hutchison assured those present that every concern that was
raised is a concern that every member of Council, the Mayor, and the Police Chief are concerned
about. He stated that he has all the faith that due process is what the Mayor and the Police Chief are
currently doing and that it is extremely important that we allow that process to work. Mr. Hutchison
stated that he believes that approving the contract is the right thing to do for the right reasons because
the men and women who serve as Dover police officers are taking care of our concerns every single
day and night, and they need to be paid for what they do. He stated that the contract is separate from
the issues and concerns raised.
The motion to approve the labor agreement with the Fraternal Order of Police (FOP), as
recommended by Staff was carried by a roll call vote of seven (7) yes (Sudler, Neil, Cole,
Hosfelt, Hare, Hutchison, and Slavin) and two (2) no (Anderson and Lewis).
VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE
Property Located at 1032-1058 South DuPont Highway, Owned by BMDR LLC - 60-Day
Progress Report
During the Regular City Council Meeting of November 9, 2015, members considered a Violation
of the Dangerous Building Ordinance at 1032-1058 South DuPont Highway, owned by BMDR LLC.
At that time, Council declared the structure located at 1032-1058 South DuPont Highway a
dangerous building; ordered that the property be repaired or demolished by July 1, 2016 by the owner
or equity owner at their own risk; ordered the Building Inspector to cause the demolition of the
structure if not completed by the owner within 10 days of the date established by City Council;
ordered the City Manager with the assistance of the City Solicitor to cause the cost of demolition to
be charged against the land on which the building exists as a municipal lien or cause such cost to be
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 10
added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a
suit at law against the owner; and that progress reports be provided at the Council Meetings
scheduled for January 11, 2016, March 14, 2016, and June 13, 2016.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the condition of the property has improved. She noted the following: a stockade fence was put
in at the rear of the property where it abuts the residential lots; the northern building, which was not
the subject of the dangerous building case but which was in poor shape, has been demolished; and
a construction fence is in place surrounding the site.
Mrs. Townshend noted that Mr. Robert MacLeish had advised her staff that they were working on
the drawings for the building permit and expected to file the permit application within the next week
or two (2). He also advised that they are working with one (1) of the tenants to remove items from
their space so that they can work on the required interior demolition for the overall fit-out.
Mrs. Townshend stated that the property owner has held to their promises and Staff will continue
to work with them and to monitor the progress.
Mr. Hare moved to accept the report, seconded by Mr. Sudler and unanimously carried.
Property Located at 2 South Queen Street, Owned by KZ FOREVER LLC
During the Special City Council Meeting of December 9, 2015 (Violations of Dangerous Building
Ordinance), a public hearing was held regarding violations of the dangerous building ordinance for
property located at 2 South Queen Street, owned by KZ Forever LLC. At that time, it was the
decision of Council to have the property owner provide Staff with estimates within 15 days and to
place the matter on the January 11, 2016 agenda for discussion.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised that a
copy of the Structural Engineering Report, performed by Charles C. Mikula, Sr., P.E., was received
on December 23, 2015. Also received, on December 22, 2015, were proposals from Bulldog
Contracting and J&C Builders, Inc. and a receipt from David E. Wilson Electric for work that was
completed. Mrs. Townshend noted that an updated proposal from J&C Builders, Inc. was received
on January 8, 2016.
Mrs. Townshend advised that Mr. Mike McGregor, City of Dover Building Inspector, reviewed the
Structural Engineering Report, along with the code enforcement case and the proposals that were
provided. She noted that Mr. McGregor believes that, although the report addresses the sagging at
the center of the floor area, the Structural Engineering Report is incomplete. Mrs. Townshend stated
that the contractor discusses in his scope of work that all concrete footings are to be inspected for
cracks, adequate attachment, scour and spalling. She noted that the engineer did not mention looking
at any other foundation areas in his report. Mrs. Townshend advised that the proposal from Bulldog
Contracting states “Install 2x12x16 treated lumber at rear foundation of the house. Install 2x12x16
treated lumber at left side of the foundation of house.” She stated that these areas were not discussed
in the structural report and it is not clear if this is an attempt to repair a rotten sill plate or room joist.
Mrs. Townshend advised that the area should have been inspected by the engineer to determine if
there is additional rot or termite damage, or other structural members, such as joists or sill plates.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 11
Mrs. Townshend advised members that the grade at the rear, or west side, of the building is sloped
toward the building, causing rainwater to run directly toward the building instead of shedding it away
from the building. She noted that this is likely a contributing factor to rotten or termite-damaged
wood in this area and it is not mentioned in the report, nor is the leaning chimney. Mrs. Townshend
stated that the engineer may not have had the City of Dover case history report and only observed
what he was requested to inspect.
Mrs. Townshend stated that the proposal from Bulldog Contracting proposes to “cosmetically cover
any exposed area of exterior shingle siding with shingles.” She advised that the building inspector
researched asphalt shingles, which were used as an exterior wall cover in the 1930s and 1940s as a
renovation alternative to painting weathered or rotted clapboards and covering deteriorated exterior
walls of old homes. Mrs. Townshend indicated that the materials, which are no longer available on
the market, may contain asbestos. She advised that nailing roof shingles over leaking, worn-out
areas is not a proper repair to keep rainwater or moisture out of the building and the proper method
of repair would be to remove and replace the siding.
Mrs. Townshend stated that none of the proposals addressed the mold, which was observed by the
City inspector and noted in the case history. She noted that moisture is probably entering the
building through the deteriorated siding and causing the mold to grow.
Mrs. Townshend advised that the absolute minimum standard of repair for an existing building
without a planned major renovation is addressed in the International Property Maintenance Code.
She stated that Section 304.2 of the Code states that “All exterior surfaces, including but not limited
to, doors, dorm window frames, cornices, porches, trim, balconies, decks, and fences shall be
maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by painting or other protective covering or treatment.
Peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. All siding and
masonry joints, as well as those between the building and the perimeter of the windows, doors and
skylights, shall be maintained weather-resistant and water-tight.” Mrs. Townshend stated that
Section 304.6 states that “All exterior walls shall be free from holes, breaks, and loose or rotting
materials and maintained weather-proof and properly surface-coated where required to prevent
deterioration.” Mrs. Townshend advised that this scope does not even bring it to the standard of the
International Property Maintenance Code and Staff maintains concerns.
Mr. Sudler advised that he would recuse himself from discussion of this item due to a conflict.
Responding to Mr. Hare, Mrs. Townshend stated that there is no rental permit for this address.
Mr. Hare stated that someone was seen coming out of the back of this property and requested that
someone check to see if there is a tenant.
Mr. Anderson stated that he read the inspector’s report, the proposal, and the cost estimate and they
did not seem to add together. Mrs. Townshend stated that Mr. McGregor noted that the Structural
Engineering Report does not address the chimney and does not address several aspects of the
foundation. His concern was that the Structural Engineering Report was incomplete, and therefore,
the scope of work does not match the structural report. Mrs. Townshend stated that if the scope of
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 12
work is expected to be provided to obtain a building permit, there are no drawings that show how
this work will be performed.
Mrs. Townshend stated that Staff is concerned that the structural report is incomplete and does not
match the scope. The scope in the proposals by the contractor does not indicate that there has been
any structural inspection and the inspector cannot determine that it is sufficient. Mrs. Townshend
advised that Staff cannot look at the proposals and determine that the building will be
code-compliant when the work is done because the structural report is incomplete. She noted that
the proposal from Bulldog Contracting only addresses patching holes in the siding and does not
address the issue of being weather-tight and water-tight. Mrs. Townshend reminded members that
there is mold inside the building, which is an indication that moisture is getting in and the scope of
what has been provided does not meet the minimum of the Code.
Mr. Anderson asked if Staff were looking for more than what was previously requested from the
property owner and if there had been conversations with the property owner regarding the concerns
expressed. Responding, Mrs. Townsend stated that the house needs to be brought into
code-compliance and the level of deficiency in this structure is too extensive to detail everything in
a report. She stated that the property owner was advised to obtain a Structural Engineering Report
and that the siding needed to be repaired to make the house water-tight to keep moisture out.
Mrs. Townshend advised that the proposal presented by Bulldog Contracting indicates that they will
cosmetically replace any exposed areas of exterior shingle siding with shingles, which will not
improve the siding’s function. Additionally, there is no warranty for the work and there is a
disclaimer that the work is not guaranteed to pass any inspections, which indicate that performing
the work may not bring the property to minimum code standards. Mrs. Townshend stated that she
provided Bulldog Contracting with the pages from the International Property Maintenance Code that
addressed the issues of the exterior walls and weather-tight and water-tight.
Mr. Hare noted that the property owner could spend $7,700 to do the work and it is possible that it
would not pass inspection. Mrs. Townshend responded that Mr. McGregor is concerned that the
scope of work is significantly more than what is addressed in the Structural Engineer’s Report.
Responding to Mr. Anderson, Mrs. Townshend stated that the Code Enforcement Officer had a
conversation with the property owner after the engineer’s report and the proposals were received.
Responding to Mr. Anderson, Mrs. Townshend stated that if Council requires demolition, that
decision could not be reversed. She advised that if Council allows time for repair, then they would
need to set a time for repair, noting that, in this case, it would take longer than 30 days.
Mrs. Townshend reminded members that Staff has changed their recommendation to exclude the
option of repairing the property because there are a number of houses that have been declared
dangerous and the owner’s were given time to make repairs. Subsequently, those owners invested
significant amounts of money and the properties were still not up to Code, so the City has proceeded
with demolition. Mrs. Townshend stated that it is preferable to let the property owner know that the
property is beyond repair before they invest in repairs.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 13
Staff recommended: 1) Declaring the building and all accessory structures on the property
dangerous; 2) Ordering the property demolished by February 11, 2016 by the owner or equity owner
at their own risk; 3) Ordering the Building Inspector to cause the demolition of the structures if not
completed by the owners within 10 days of the date established by City Council; and 4) Ordering the
City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged
against the land on which the buildings exist as a municipal lien or cause such costs to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owners.
Mr. Neil moved for approval of Staff’s recommendation, seconded by Mr. Hosfelt.
Council President Slavin noted that this matter was not scheduled for a public hearing and that the
property owner was present wishing to speak.
Mr. Neil moved to suspend the rules to allow the property owner to speak. The motion was
seconded by Mr. Anderson and unanimously carried (Mr. Sudler recused).
Ms. Zionna Adamolekun, 9 East Loockerman Street, Suite 301, provided correspondence dated
January 8, 2016, which Council President Slavin read into the record, as follows:
“To the City Council Members and Mayor of the City of Dover.
Dear City Council Members and Mayor:
I’d like to first say thank you for the 15 day extension allotted, which has allowed me
to provide you with the following information. Since I spoke with the City Council
last month, I have been successful obtaining a general contractor for 2 South Queen
Street, and have already completed phase one for addressing electrical hazards and
violations in the Code Enforcement Report.
The total cost of all repairs according to the estimate provided to me by J&C Builders
will not exceed $8,000, which I am financially capable of covering.
It is my intent to cure all the defective conditions cited in the Code Enforcement
Report first and replace the asphalt siding with modern siding to improve the exterior
décor.
Also, for your review I have the engineer’s Report, which the general contractor will
use as specifications for reinforcing or adjusting any area of the unit that needs to be
adjusted and addressed.
As stated earlier, I thank you for your patience and now I am ready to proceed with
bringing 2 South Queen Street up to City code, upon Council’s approval.
Thank you for your time and consideration.”
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 14
Ms. Adamolekun stated that when the inspection was done on the 5th, she got notice on the 10th that
all of the items needed to be completed. She noted that there was not sufficient time to remedy all
of the issues, in addition to having the inspection and the structural report done. Ms. Adamolekun
thought that seven (7) days was an unreasonable amount of time.
Ms. Adamolekun advised that she wrote to Mrs. Townshend requesting a more reasonable amount
of time. She stated that City Staff expressed concern in a telephone conversation that Bulldog
Contracting was not qualified to do the repairs. Ms. Adamolekun stated that she had to go with
whoever was available during the time; however, Bulldog Contracting was not her first choice of
contractor, but considering the short amount of notice and the holidays, a lot of contractors were out
on vacation.
Ms. Adamolekun stated that she submitted another proposal from J&C Builders, Inc.; however,
Mrs. Townshend focused her presentation on the Bulldog Contracting proposal and she is not hiring
Bulldog Contracting. She stated that J&C Builders, Inc. addressed repairing the foundation and
siding, and any other necessary work that is found that needs to be done.
Ms. Adamolekun stated that what has been referred to as mold is actually water stains on the drywall
in one (1) area of the house where the pipes leaked at one time. She advised that she has not owned
the property for a year yet and she has not been afforded the opportunity to bring it up to Code.
Mr. Anderson noted that the second estimate included “New pier foundation to be poured with solid
concrete, and into bedrock, the same dimensions as existing” as part of the scope of work. He asked
Ms. Adamolekun if she was taking a comprehensive approach to the repairs and if she felt that not
being allowed to repair the property, which has been typically done for decades, either repair or
demolish, would be an unnecessary infringement on her fundamental property rights.
Ms. Adamolekun agreed that it would be an infringement on her rights. She also noted that she
believed it would cost more to demolish the house than it would to repair it.
Mr. Hare suggested that Ms. Adamolekun consider having Mold Master do an inspection of the
house.
Responding to Mr. Hare, Ms. Adamolekun stated that no one was living in the house; however, she
does have someone who cleans and keeps an eye on the property for her.
Mr. Anderson moved to amend the motion to include the option to repair the property and to allow
90 days to either repair or demolish. The motion was seconded by Mr. Lewis.
Mr. Neil noted that money can be spent and this building could also be torn down if it does not meet
Code.
The motion to amend the motion to include the option to repair the property and to allow 90 days
to either repair or demolish failed by a roll call vote of three (3) yes (Anderson, Lewis, and Hare) and
five (5) no (Neil, Cole, Hosfelt, Hutchison, and Slavin) (Sudler recused).
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 15
The motion for approval of Staff’s recommendation to: 1) Declare the building and all
accessory structures on the property dangerous; 2) Order the property demolished by
February 11, 2016 by the owner or equity owner at their own risk; 3) Order the Building
Inspector to cause the demolition of the structures if not completed by the owners within 10
days of the date established by City Council; and 4) Order the City Manager, with the
assistance of the City Solicitor, to cause the cost of demolition to be charged against the land
on which the buildings exist as a municipal lien or cause such costs to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owners was carried by a roll call vote of five (5) yes (Neil, Cole, Hosfelt, Hutchison,
and Slavin) and three (3) no (Anderson, Lewis, and Hare) (Sudler recused).
DOVER HUMAN RELATIONS COMMISSION REPORT - AUGUST 25, 2015
The Dover Human Relations Commission met on August 25, 2015 with Chairman
Smith presiding.
Community Development Opportunities
Presentation by Dr. Dan Young - TEDx Dover
Chairwoman Smith reminded members that during the DHRC meeting of July 28,
2015, she advised members that she had received an invitation from Dr. Dan Young,
curator for TEDx at Wilmington University, to present at Wilmington’s October
TEDx Conference. Members discussed the possibility of a partnership between the
DHRC and Dr. Young in bringing a TED talk event to Dover and Ms. Smith had
indicated that she would invite Dr. Young to the next DHRC meeting to provide
additional information about TED talks.
Ms. Smith advised members that Dr. Young is a professor in Wilmington
University’s doctorate program and some of his work had included trying to increase
diversity among non-profit boards. She explained that Dr. Young had instructed at
Temple University, West Chester University, and the University of Delaware and
served on the board of the local American Civil Liberties Union (ACLU).
Dr. Young stated that TED was an acronym for “Technology, Entertainment, and
Design,” and TED talks had started as a non-profit in the 1970s and gained popularity
in the last five (5) years. He explained that it allowed for people in local
communities to share innovative ideas, initially in local churches, street corners, or
libraries. After approximately 20 years, when YouTube began, TED talks were
posted online and speakers obtained a much larger platform.
Dr. Young stated that he was a former financial advisor who went back to school and
got a Ph.D. from Temple University. While teaching as an adjunct at the University
of Delaware, he became worried about the basic disconnect between professors and
students in research institutions. He explained that the TED program allows
academics to show how people in different fields are using the theories that they
research and get students to start thinking creatively.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 16
Dr. Young stated that Wilmington University had held two (2), six (6) hour TEDx
events with approximately seven (7) live speakers and four (4) to five (5) films that
TED had previously curated. He advised members that he was also serving as a
technical advisor to TED Seaford, which was scheduled for January 2016, and TED
Dover. Dr. Young stated that there was a desire to make sure that there would be
synergy between the events in all three (3) counties. He noted that every TED event
in the State of Delaware was run by a man of color and they talked to each other
about things that were not being represented in other TED talks so that Delaware
could be at the forefront.
Dr. Young expressed the desire to make sure that any event in Dover would tap into
the psyche of the community and open the lines of communication regarding specific
issues in the City or Kent County. He advised members that he was not looking for
labor but for ideas to bring to Delaware State University and the University of
Delaware and ask them to vet TED speakers. Dr. Young also indicated that he would
like to give members latitude to propose speakers for vetting. Interested speakers
would provide a two (2) to three (3) minute video indicating what they would like to
speak about, which would allow a determination of whether they have personality
and are passionate. He wanted to make sure that what was put on stage would be
representative of the community and that it would be a product that the citizens of
Dover would be proud of.
In response to Ms. Denise Tolliver, 109 Garden Gate Road, Camden, regarding when
the event in Dover would be held, Dr. Young stated that a license for the event was
recently received and the program must be put on within one (1) year of the license,
noting that a three (3) month extension could be requested. The date and location
had not been set. Dr. Young expressed the desire to get opinions about the best
places to hold the event, noting that he would love to get ideas that are “out of the
box”. He stated that most TED talks occur in school auditoriums; however, if there
was an area that represented opportunities or struggles in the City of Dover and had
audio-visual capability, he would be open to this.
Responding to Mr. Henderson’s request for clarification on TED talks, Dr. Young
stated that individual TED talks tend to be approximately 10 to 18 minutes in length,
with an 18-minute maximum. Speakers talk about things that are innovative,
creative, and relatively personal. He indicated that most TED talks differ from
lectures because they have some element that causes the audience to think about an
issue from a new and different perspective. If it is done well, the audience response
is very visible and can be felt. Dr. Young noted that this would be a great
opportunity to identify latent talent in the State of Delaware in terms of speakers and
leaders. He indicated that he was passionate about this project because he felt it was
the most effective way to inspire large numbers of people.
Responding to Ms. Smith about the DHRC’s potential role in the project, Dr. Young
stated that the DHRC was the first group that he had approached in Dover, and he
wanted them to have as much ownership as they would like, from possibly
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 17
recommending speakers or sponsors, having a hand in running an event, or vetting
speakers. He stated that after leaving today, he would like permission to e-mail
members to find out what they think and in what ways they might be able to help.
Responding to Mr. McGiffin as to whether an email would be sent individually to
members, Dr. Young stated that he could send a LISTSERV or forward an email
through Ms. Smith to keep members informed and to get ideas about speakers,
locations, or sponsoring organizations to contact. He also offered to provide the
timeline and the framework of how the TED talk would work so that members would
know the milestones on the event planning calendar. Dr. Young explained that there
are two (2) types of TED talks: 1) TED talks that are sponsored by the TED
organization and are held in places like Brazil, China, and Japan, with attendance of
15,000 to 20,000 people, and 2) TEDx talks, which are local events.
In response to Ms. Smith regarding the number of typical attendees, Dr. Young stated
that TED parameters dictate that minor events can have a maximum of 100 attendees.
He noted that at TEDx Wilmington University there were 100 student attendees and
perhaps 70 volunteers. The maximum budget was $10,000. Donations and sponsors
would be actively solicited from local businesses and individuals. Dr. Young
indicated that he would probably ask a marketing company to put together the TEDx
Dover sign, noting that there is always a sign that includes a giant TEDx inside the
name of the City.
In response to Ms. Smith, Dr. Young stated that the number of speakers varies per
event, noting that the program could be one (1) to three (3) hours in length or a half
day, and a half-day event would include approximately seven (7) speakers and four
(4) videos. He explained that TEDx Wilmington held full day events with upwards
of 20 speakers. Dr. Young felt that a shorter event would be easier for Dover;
however, if the City of Dover could integrate the concept with another event, they
might like to hold a full day event.
Mr. Henderson suggested the Schwartz Theater for the Arts as a venue.
Mr. McGiffin suggested the brand new, soon to open, Inner City Cultural League as
a possible venue, noting that this could bring those who otherwise might not come
to this facility, which had the potential to have a large impact on the community.
Mr. Henderson noted that Solid Rock Baptist Church had also opened a similar
community center.
In response to Mrs. Sadusky as to whether ideas for topics were being sought,
Dr. Young advised members that possible topics were submitted when the
application for a license was submitted to TED. Some of the issues discussed were
police, changes in legislature and governance, gambling and Dover Downs, and
economic development, as well as looking at things that Dover does pertaining to the
Firefly Music Festival and Dover International Speedway. Dr. Young indicated that
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 18
he would love to have some topics that would resonate specifically with the citizens
of Dover.
Mr. Henderson noted that Dover was losing its talented pool of young people who
leave when they come of age or graduate because they are looking for jobs and
opportunities and feel there is no hope in Dover. He felt that perhaps TED could
address this through talks on self-esteem and entrepreneurship.
Dr. Young felt that this concept of flight from Delaware resonated throughout the
State and suggested that Delaware’s counties could focus on their similarities rather
than differences to work together. He noted that different areas in Delaware have
their own stereotypes and questioned how to battle the stereotypes and get people to
see them as opportunities.
Dr. Young stated that he would send Ms. Smith an email with a timeline of the things
that go into the event.
Ms. Smith questioned how marketing the work of the DHRC would play into the
event in terms of partnership, partial sponsorship, working in an advisory capacity,
etc. Responding, Dr. Young stated that the DHRC could determine what they want
to get out of it and incorporate marketing, noting that this could be as simple as
putting the DHRC on all the marketing materials or having a table at the event with
information about the Commission.
Ms. Smith stated that members would talk among themselves and follow up with
Dr. Young.
Mr. Henderson expressed his opinion that the event sounded great, that he was in
favor of being involved, and that he would like to be part of making it happen.
Mr. McGiffin felt that this was an opportunity that the DHRC could capitalize on.
In terms of ideas for topics that would be relevant to the DHRC’s mission and still
fit the criteria of a TEDx talk, he felt that the topic suggested by Mr. Henderson in
regard to flight from Delaware had great potential. Noting that he had recently
learned how uninformed constituents in Dover were about how their government
runs, including the role of the Mayor and Council, Mr. McGiffin felt this topic was
also very important and would be useful. He reminded members that a recent
election for a Kent County office was decided by one (1) vote, although 38,000 votes
were cast, and suggested that if people appreciated how much of a difference they can
make by voting and knowing who their Council representatives are and how to reach
out to them, this might bring people together around common issues.
Mrs. Sadusky felt that the TED program was a great opportunity and exactly what the
DHRC needed to do. She felt that conflict resolution and the government suggestion
were good ideas for topics.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 19
Mr. Henderson moved to recommend that the DHRC collaborate on the TEDx Dover
project. The motion was seconded by Mr. McGiffin.
Ms. Tolliver expressed her opinion that, in the context of human relations, some of
the topics mentioned by Dr. Young could also be viewed as threats, for example,
police brutality and gambling. She asked that members think in terms of positive
rather than negative exposure and controlling the message, noting that the Firefly
Music Festival was an example of a positive topic.
Ms. Smith concurred, stating that it would be important to know how a topic like
police brutality would be presented and if both sides would be shown. She felt it
important to be clear about the event’s agenda and what the DHRC’s name is
connected to. Ms. Smith stated the importance of understanding how much influence
the DHRC would have in the relationship with TED and that this must be delicately
negotiated during the initial conversation, and she offered to be part of this.
Mr. McGiffin felt that it would be fine to collaborate but not decide to sponsor or
become more involved without taking additional action. He noted that it would not
be desired to be tied to something unsavory or divisive. Mr. McGiffin indicated that
members would not want to be involved with anything inconsistent with their
function, but this could not be known without collaborating, and Mr. Roach
concurred.
Mr. Henderson expressed his hope that sponsorship would not mean censorship.
Ms. Smith stated that she had seen many TED talks, but none that were so
controversial as to incite violence. She explained that they are typically personal
stories that get people thinking about the impact that others have on their growth,
development, and experience.
The Commission recommended that the DHRC collaborate on the TEDx Dover
organization.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Smith stated that she would forward the information when received from
Dr. Young and questioned which members were interested in being involved.
Mr. Henderson, Mrs. Sadusky, and Ms. Stewart stated their interest and
Mr. McGiffin indicated that he would provide some ideas for topics.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee
Mr. McGiffin, member of the Government Policy, Programs, and Practices (GPPP)
Committee, stated that members of the Committee met with Police Chief Paul Bernat
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 20
and Deputy Chief Marvin Mailey to advise them that the DHRC was available to
help them and to find out how the Commission could help. Mr. McGiffin informed
them that the GPPP was trying to determine the City’s status in terms of diversity in
recruiting, employment, and service to the community and they discussed how the
Police Department addresses diversity issues in these areas. He stated that the Police
Department is required to perform minority recruiting and makes extensive efforts
in the minority community, including outreach to schools and to Delaware State
University. Mr. McGiffin informed members that the Police Department utilizes
their cadet program as a recruitment tool, has been cited in their accreditation reports
for their positive efforts with respect to recruiting, and is trying to improve. He
indicated that the Police Department has relationships with local fraternities and
sororities, does outreach to the community in concert with those organizations, and
is conscious of their responsibility to reach out to the community in an educational
way. Mr. McGiffin cited the Department’s participation in a national Night Out
Program during the first part of August which allowed the community to see police
officers in non-threatening situations and provided demonstrations of equipment,
K-9s, etc. He noted that the Police Department was also working on a Police
Athletic League program and is involved in a lot of youth outreach and social media
activities.
Mr. McGiffin indicated that he informed the Police Department that the DHRC
intended to develop a survey for employees and the Chief and Deputy Chief
welcomed this, noting that some things that would be relevant to police may not be
relevant to other City departments. He stated that he would think about designing
questions for particular departments rather than one (1) standard survey.
Mr. McGiffin advised members that he would need some help on this and may ask
one (1) of the new members to work with him.
Ms. Smith questioned if any members present wanted to join Mr. McGiffin on the
GPPP Committee or if anyone would be able to help work on the survey, stating that
this was the core of the DHRC’s work in understanding what the community is
thinking and feeling. She felt that the development of the survey could be completed
within a meeting or two (2).
Mr. McGiffin stated that the raw material for the survey, which was previously
provided by former Commissioner Eugene Ruane, needed to be culled into perhaps
20 questions to be used in a 10-minute survey that respondents could complete using
SurveyMonkey. Mr. Roach stated that he would be willing to assist Mr. McGiffin.
Mr. Roach questioned the process regarding new members joining the DHRC and
expressed his feeling that new members should be included in this matter since it
related to the core of the DHRC’s mission. He noted that new members may have
things that they would like to see on the survey. Mr. Roach stated that he did not
want to delay the survey and thought that current members could begin working on
it; however, he suggested not implementing the survey until new members were
present.
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Mr. McGiffin concurred with Mr. Roach and noted that it would take a while to
finalize the survey.
Community Engagement Committee (Roach)
Mr. Roach advised members that Councilman Roy Sudler had organized a walk-
through of the Lincoln Park neighborhood and Councilman David Anderson,
Representative Sean Lynn, City Manager Scott Koenig, and some of the police cadets
had participated. A flyer was also sent to the community requesting their
participation. Mr. Roach indicated that the community was asked to air their
concerns regarding the neighborhood and there was a good turnout. He felt that this
was a good effort and showed the community that the City cared.
Ms. Smith stated that she had heard about this event and asked members to forward
information regarding these types of events to the City to be forwarded to the DHRC
when they are received, noting that it is important for all members of the DHRC to
be part of these initiatives.
Education Committee (Henderson)
Chairman Henderson informed members that the Interdenominational Ministerial
Alliance (IMA) and the National Association for the Advancement of Colored People
(NAACP) were holding meetings to allow former and current State of Delaware
employees who had experienced racial discrimination to share their stories.
Mr. Henderson indicated that, as a member of the IMA, he had been invited to sit on
a committee to hear complaints; however, he was hesitant because of a potential
conflict of interest with his service on the DHRC. He wanted all DHRC members
to be aware of these meetings, noting that one (1) such meeting was currently in
progress in Smyrna, having been scheduled from 5:30 p.m. to 8:30 p.m.
Mr. Henderson indicated that he was thinking of attending the meeting scheduled for
August 27, 2015 at the Harvest House at Whatcoat United Methodist Church to
observe. He stated that a final meeting was scheduled in Harrington at St. Paul’s
A.M.E. Church, from 5:30 to 8:30 p.m. Mr. Henderson stated that the NAACP
would be there as well as the IMA Action Committee, which he believed was based
in Wilmington.
Communications Committee
No report was provided by the Communications Committee.
Approval for Commissioners to Attend Four-Day Basic Mediation Training
Conducted by the University of Delaware Institute for Public Administration
- School of Public Policy and Administration
During the DHRC meeting of July 28, 2015, members discussed a Four-Day Basic
Mediation Training session offered by the University of Delaware Institute for Public
Administration (IPA) - School of Public Policy and Administration and scheduled
for October 2015. Ms. Smith and Mr. Henderson expressed interest in attending.
The Commission deferred scheduling members for the training so that
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Mrs. Traci McDowell, City Clerk, could contact the IPA about the possibility of
offering this training in Dover.
During the DHRC meeting of August 25, 2015, Ms. Smith advised members that the
training would not be offered in Dover in the near future. In addition, since the July
meeting, Mrs. Sadusky had indicated that she would also like to attend the training.
Ms. Smith stated that members must consider how many and which Commissioners
should attend. She indicated that the cost of the training was $725 per attendee and
the DHRC’s FY 16 budget was $2,000. Ms. Smith stated that members should
consider what the return on the investment would be and what the Commission could
expect of those who accept the opportunity to go.
Mr. McGiffin noted that the cost of three (3) attendees would exceed the $2,000
budget. Responding, Ms. Smith stated that the City Clerk’s Office staff had spoken
to Mr. Scott Koenig, City Manager, who was willing to approve the additional $125
needed. Ms. Smith reminded members that any further DHRC expenditures would
have to be approved by the City Manager since the Commission had no additional
funds budgeted.
Mr. Roach noted that the DHRC may have future expenditures, citing the TED talk.
He suggested that one (1) person be a delegate to the training, get the information,
and train the other Commissioners, which would maintain a budget for other projects
or other types of training. Mr. Roach felt that members should have some idea of
what they planned to spend funds on before spending the entire budget on training,
and Mr. McGiffin concurred.
In response to Ms. Smith regarding the DHRC’s FY 16 budget, Ms. Denise Devine,
Assistant City Clerk, explained that $2,000 was budgeted and amounts above that
must be requested from the City Manager, who would look at the entire City budget
to see if there were savings that could go toward the additional expenses.
Mrs. Sadusky agreed that sending one (1) person might be a good approach.
Responding to Ms. Smith regarding the current status of registration and payment,
Mrs. McDowell stated that Ms. Smith and Mr. Henderson were previously registered
and payment had been made. Based on Mrs. Sadusky’s expression of interest in
attending, she was registered earlier in the day but payment had not been made
pending the Commission’s recommendation. Mrs. McDowell advised members that
there was plenty of time to obtain a refund for any cancellations.
Ms. Smith felt that if a person is sent and becomes certified, that person must be
available as a mediator if needed. She indicated that she would love to attend;
however, she may not always be immediately accessible or available to serve as a
mediator and felt it was important that there be another DHRC mediator who would
be available.
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Mr. Roach felt that the need for mediation would not be spontaneous and could be
scheduled with the individual who was trained.
Mr. McGiffin was unsure that the DHRC members would be the mediators; however,
he felt that an understanding of what a mediator could do, when a mediator is
appropriate, and who in the community could possibly mediate would be a valuable
skill set, and this would be the value of the training.
Mr. Roach stated that if the DHRC would not be professional mediators, there was
no need to spend $800 to go to mediation training and be certified. He noted that
enrichment training was less expensive than mediation training and suggested that
perhaps a local resident who works in mediation may be able to provide the
knowledge base needed. Mr. Roach questioned why the funds would be paid to
provide certification that will not be used. He indicated that he would agree with
sending one (1) person to the training but did not believe that three (3) people should
be sent.
Ms. Stewart stated that perhaps one (1) individual could attend and report back to the
group, and this item could be put in next year’s budget. She suggested that this type
of training might be obtained in the City of Dover and Dover managers could be
brought in. Ms. Stewart expressed her opinion that University of Delaware does a
phenomenal job with training and that the cost was reasonable compared to what
might be charged by another non-profit entity doing this type of training.
Mrs. McDowell noted that this training would also be offered in the spring, so
members could choose to wait until then and see what the other options would be.
Mr. Roach noted that the DHRC was just now developing the survey to obtain
information about the overall feeling of the community and working on the TED talk
project and may not be able to utilize the training until spring.
Mrs. Sadusky stated that she liked the idea of bringing one (1) person in to train all
members and perhaps this could be covered in a workshop.
In response to Ms. Smith, Ms. Devine stated that the deadline for cancelling
registrations would be 15 days prior to October 6, 2015, which would be
September 15, 2015.
Ms. Smith suggested that a member be tasked with researching if there was someone
else available to provide mediation training. Mr. Roach suggested that all members
commit to researching this.
Ms. Stewart questioned if mediation training or conflict resolution training was
desired, noting that the State of Delaware offers inexpensive training. She suggested
reaching out to a State of Delaware trainer in conflict resolution, noting that this
would not be nearly as in depth as the training being considered. Ms. Stewart
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reiterated the value of the four (4) day training session because a lot of in-depth
information would be provided, and it was her feeling that similar training could not
be found that was more affordable.
Mrs. McDowell stated that the IPA had indicated that the training would ideally be
provided at their site since the training set-up is room specific. They allow 12
attendees and like to have a diverse group. Mrs. McDowell stated that the IPA could
not offer training in Dover until Spring 2016 and the cost would be $650 per person
and an additional $1,000 for the trainer.
Ms. Smith noted that the cost would be over $5,000 for attendees plus an additional
$1,000 for the trainer.
Mr. Roach indicated that he would like to send one (1) person to the IPA mediation
training and table looking for another training provider until the spring. He noted
that budgeted funds were available and should be spent.
Ms. Tolliver suggested that an alternate attendee also be selected.
The Commission recommended that Ms. Smith attend mediation training, with
Commissioner Henderson being the alternate.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Tolliver noted that there is a $75 substitution fee. Responding, Ms. Devine
stated that there would be no fee if the substitution was made less than 15 days in
advance of the training.
Community Development Opportunities
Meeting with Capital School District Superintendent Dr. Dan Shelton
Chairwoman Smith advised members that a glitch prevented her and Commissioner
Henderson from meeting with Dr. Dan Shelton, Capital School District
Superintendent. In response to Mr. Roach, Ms. Smith stated that they were trying to
reschedule this meeting.
Update on Commissioners’ Tasks
Submission of Bios and Photos and Status of Website
Members reviewed the DHRC webpage on the City of Dover website, including
member profiles with photos, contact information, and bios. Ms. Denise Devine,
Assistant City Clerk, noted that members’ badge photos were used for those who did
not provide photos and that the information could be updated as members provide
additional input. The DHRC 2015-2018 Strategic Plan was also included on the
page.
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Ms. Smith expressed her wish that members share in their bios the reasons why they
decided to serve on the Commission in order to personalize, humanize, and connect
them with the audience and asked that this be added.
Submission of Suggested Names and Bios for Commission Vacancies (First and
Second Council Districts) and In-House Retreat
In response to Mr. McGiffin regarding the process for appointing new members, Ms.
Devine stated that suggestions for members would be sent to the Council President
and would then go forward to Council for consideration.
Ms. Smith stated that she had received one (1) name for the First District vacancy on
the DHRC and one (1) for the Second District. She indicated that she would not
move forward immediately and planned to call and meet with these individuals,
noting the importance of having the skill sets at the table that would allow the
Commission to move forward.
Ms. Smith stated that an in-house retreat would help members understand the skill
sets and passions of DHRC members and how they wished to use them. She
indicated that she wanted to speak to prospective members to find out what their
strengths were, noting that a bio does not do that, although the bios she read were
those of powerful people who would add value. Ms. Smith stated that if members
felt the need to move forward and submit the bios to the Council President, she
would do this; however, she felt that the planned in-house retreat would provide a
clear understanding of what the DHRC has, how it can be used, and who could be
brought to the table to add value.
Mr. Henderson questioned who the prospective members were, noting that members
may have different impressions of the individuals.
Ms. Smith felt that prospective members should be invited to attend a DHRC
meeting so that they would know what the Commission does, how it is done, and
what they are committing to. She felt it important to have members who are engaged
and passionate.
Mrs. Traci McDowell, City Clerk, reminded members that when selecting members
for the First District or Second District, the respective City Council representatives
and Council President must also concur. She suggested not waiting too long since
the Council President could be contacted by someone expressing interest at any time
and the item might then be placed on the City Council agenda.
Ms. Smith stated her desire to schedule an in-house retreat next month rather than a
meeting and expressed the need to regroup to find out who members are and how to
move the DHRC’s agenda forward.
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Mr. Roach felt that if there were people who were willing to volunteer for the
Commission they should not have to prove themselves, since the current members
did not have to do this. He noted that only two (2) applications had been received,
one (1) for the First District and one (1) in the Second, and did not feel the screening
process was necessary or that there was any point in delaying. Mr. Roach noted that
if an in-house retreat were held before the appointments were made, it would not be
possible to get to know the new members at the retreat. He felt there was a need to
move forward and suggested that the in-house retreat could be a welcoming event for
new members.
Ms. Smith questioned why there were only two (2) applications and whether the
community’s diversity was represented on the Commission, noting that there were
two (2) white women, two (2) black women, one (1) white male, and two (2) black
males. She asked if members had done the work to make sure that the DHRC was
diverse and represented the community, noting that their role is to be diverse, get
along, and respect people of different backgrounds. Ms. Smith questioned how the
DHRC could reach out and bring others in to be part of the process, such as the
Hispanic and the gay/lesbian communities.
Ms. Stewart stated the challenge of finding people from the districts from which
representatives were being sought and also had time to serve. She indicated that she
had recommended someone for the Commission that she thought would be great.
Mr. Roach stated his belief that the spirit of the DHRC’s role was to be
understanding and accepting of different cultures; however, it would be difficult to
cover all categories of people on the Commission. He felt that the Commission
should be appreciative of people that volunteer and want to be part of the DHRC,
although he stated he would love to have diversity. Although the Commission may
not have every culture or race represented, he believed that members could respect
and understand what they were supposed to do for those different cultures.
Ms. Smith questioned if members wanted to move forward with the two (2)
applications that had been submitted rather than looking for more diversity.
Ms. Stewart stated that she wanted to move forward with the recommendations since
members were asked at a previous meeting to find candidates and this had occurred,
and there was one (1) recommendation from each of the districts that had vacancies.
She noted that the appointments had to go through the Council approval process and
that other interested candidates could continue to apply.
The Commission recommended acceptance of the two (2) volunteers to fill the
vacancies in the First and Second Districts.
Ms. Smith indicated that she would like to see more diversity.
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City of Dover Police Department Ride Along Program, Citizens Police Academy,
and Survey
Members were provided information regarding the City of Dover Police
Department’s Ride Along Program and the Citizen’s Police Academy and Ms. Smith
expressed appreciation to Mrs. Sadusky for researching these programs.
State Human Relations Commission Meeting of August 13, 2015
Ms. Smith asked if members had attended the State Human Relations Commission
meeting on August 13, 2015 and no members present had attended.
Dissemination of Information
No information was provided regarding this item.
Acknowledgment and Good-Bye to Commissioner Eugene Ruane
Ms. Smith noted that members had previously discussed acknowledging the service
of former Commissioner Eugene Ruane prior to his move to California; however, no
decision was made on how this was to be done.
Ms. Devine stated that Council recognizes outgoing members; however, she had
contacted Mr. Ruane and determined that, although he appreciated the thought, he did
not wish to attend a Council meeting to be recognized for his service since he was
busy making preparations for his move. A Certificate of Recognition was mailed to
Mr. Ruane.
Noting Mr. Ruane’s significant contribution to the Commission, Mr. Roach
suggested that at least a card be sent to Mr. Ruane.
Mrs. McDowell stated that members had previously mentioned the possibility of a
goodbye video, noting that such a video could be posted on the DHRC’s webpage if
desired.
Mr. Roach suggested that a group video be taken at the next meeting for this purpose.
Ms. Smith indicated that a card and goodbye video would be prepared at the next
meeting.
City and Community Concerns - Downtown Properties and Violations
Ms. Smith advised members that the City was working to revitalize the downtown
Dover area and asking residents to bring their properties up to code. She indicated
that of the approximately 390 properties in the area, a little less than 10% were
owned by the same individual and there was a question as to whether that individual
was getting the same treatment as others. Ms. Smith stated that she did not know the
answer; however, there were resources to direct people to in reference to these issues,
including: 1) Mrs. Ann Marie Townshend, Director of Planning and Community
Development; 2) resolution conflict within the City; and 3) the State Human
Relations Commission (SHRC), if a party felt that they were being discriminated
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 28
against. Ms. Smith questioned what the DHRC could do in terms of a fourth step and
asked if it would support the goals of the City to have a DHRC forum and invite the
National Council on Life and Labor Research (NCALL), as well as City staff, to talk
about available resources. Ms. Smith stated that the City could also explain the
program and discuss if everyone was being treated fairly.
Mrs. Traci McDowell, City Clerk, stated that NCALL had attended the City’s
department head meeting earlier in the day and was in partnership with the City’s
Planning Department for the Downtown Development District (DDD). She felt it
was an excellent idea for NCALL to attend a DHRC meeting to discuss the DDD.
She noted that Mrs. Townshend was scheduled to give a presentation on the
dangerous building process at the Safety Advisory and Transportation Committee
meeting scheduled for September 14, 2015 at 4:00 p.m. in the Council Chambers.
Mrs. McDowell advised members that this was an open meeting and it might be
beneficial for members to come and learn about the process.
Ms. Smith felt that social media should be the next frontier for the DHRC, stating
that there was no current means of getting information out to engage people and let
them know what is going on. Responding, Mrs. McDowell advised members that the
City of Dover has a Facebook page and indicated that if she is sent information she
can post it.
With respect to the Education Committee, Ms. Smith stated that members had
discussed the possibility of offering four (4) training sessions in a year and
questioned if a session regarding the grants and resources available to help with
downtown properties would be of interest.
Mr. Roach stated that the City of Dover made a great effort to communicate with the
downtown area, especially with regard to the DDD, noting that there had been many
meetings, including information sessions about tapping into grant money. He stated
that this had been discussed at City Council meetings as well.
Mrs. McDowell stated that, in addition, the City of Dover Planning Department
attended a meeting with the State of Delaware on August 17, 2015 to talk about
grants available and program changes.
Ms. Devine noted that a presentation had been provided regarding the DDD
incentives during the DHRC meeting of March 10, 2015.
Ms. Smith indicated that this educational project could be accomplished by
dedicating a meeting to letting people know what the resources are.
Mr. Roach stated that the next couple of meetings were already set, noting the
planned in-house retreat, as well as the development of the survey that would be
discussed at the next two (2) meetings. He felt it important to concentrate on getting
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the survey done since the goal was to see where the City is. In his opinion, there
were enough entities in the City focused on the DDD issue.
As a citizen, Ms. Tolliver stated that a human relations commission deals with
housing and discrimination issues and remedies for citizens who feel they are being
targeted or treated unfairly. She felt it important to let the public know that the
DHRC exists and is partnering with the SHRC, so they have an avenue to have their
concerns addressed.
Mr. Roach felt that this would relate to getting the Commission’s name out through
social media.
In response to Mr. Roach regarding suggestions on getting the Commission’s name
out, Ms. Tolliver suggested utilizing the 211 Helpline. She felt that people should
know the processes, for example, whether to give information directly to the SHRC
or talk to someone from the DHRC first. Ms. Tolliver felt that citizens needed to
know that they are not standing alone. Responding to Ms. Smith, Mrs. Tolliver
indicated that the general public needs to know; for example, that employment
discrimination complaints go to the Department of Labor but housing concerns are
a human relations commission issue. Mrs. McDowell clarified that housing is not a
DHRC issue.
Ms. Devine stated that the State handles some of these concerns and the Department
of Housing and Urban Development also responds to some complaints, such as those
regarding the Delaware State Housing Authority or Dover Housing Authority.
Mrs. McDowell noted that this would apply to Section 8 housing as well.
Ms. Devine explained that the SHRC would handle such concerns and if such a
complaint came to the City, it would be referred to the SHRC. Ms. Smith stated that
people would not be turned away but directed to the SHRC.
Ms. Tolliver stated that the DHRC has a governance piece but also provides services
to the community in specific areas, such as public accommodations, housing, etc. and
felt the public needed to know they were here, available, and could address those
concerns. Ms. Smith reiterated Ms. Tolliver’s idea that one (1) way to make people
aware would be the 211 Helpline and that this could be put on a future agenda.
By consent agenda, Mr. Lewis moved for acceptance of the Dover Human Relations
Commission Report of August 25, 2015. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
DOVER HUMAN RELATIONS COMMISSION REPORT -
SEPTEMBER 29, 2015
The Dover Human Relations Commission met on September 29, 2015 with
Chairman Smith presiding.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 30
Meet and Greet with Council President Slavin
Chairwoman Smith advised members that she met with Council President Slavin
approximately two (2) months ago and he had expressed a desire to come and speak
to members.
Council President Slavin expressed thanks to members for their service and stated
his personal and professional support for the Commission. He indicated that he was
encouraged by the new charter of the organization and its leadership, direction, and
energy. Mr. Slavin indicated that he would like to see the DHRC, as an independent
body, create a vision for how it should operate, noting that City Council should
maintain an arm’s length distance from this and would rely on the DHRC for advice
and counsel. He felt that there was an opportunity for the DHRC to be proactive and
promote a dialogue in the community about some of the key issues being faced.
Mr. Slavin informed members that the previous way of doing business for the DHRC
was to perform an intake of complaints, and there had been some confusion about
what the State Human Relations Commission (SHRC) covered versus the DHRC.
The Commission had been re-chartered to clear this up. He advised members that
the SHRC had the professional capacity to deal with complaints.
Mr. McGiffin noted that the State also had the legal authority to handle complaints.
Mr. Slavin shared his observations regarding areas where he felt the DHRC could be
helpful, noting the importance of dialogue that pierces through to root causes. For
example, he stated that a 21-year-old man was recently shot by the police and the
reaction from the community was heard, noticed, and received. Mr. Slavin stated his
wish not to bypass the fact that someone was shot; however, felt that there was a
conversation that all should be having about not letting this type of incident become
the new normal in our society. He felt it was frightening that a 21-year-old had no
hope and was left to engage in criminal activities and that this should be questioned,
noting that somewhere along the line, the community lost that young man.
Mr. Slavin expressed his opinion that this type of problem was not the strong suit for
City government and was the reason for the existence of the DHRC. He explained
that City government is good at delivering services but is not engineered to solve
these types of problems alone and is part of a rich fabric that must be created.
Mr. Slavin advised members that this dialogue should be in play in meetings like the
current DHRC meeting, but also in churches, in living rooms, fraternal organizations,
barber shops, and grocery stores.
Mr. Slavin expressed worry that society in Dover was very fragile right now and
possibly only one (1) or two (2) or two episodes away from a reaction that might be
worse than the last one, noting that the potential for emotions to flare up was very
high. He stated that there was an incident at the University of Delaware during the
past week that elicited a huge response in terms of news and social media reporting.
Mr. Slavin commented that there was a recent Facebook scam that everyone bought
into, noting that existing technology enables this sort of information. Mr. Slavin
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 31
suggested that this technological grapevine could provide an advantage to the DHRC
in getting the facts out and encouraged the DHRC to use social media avenues.
Mr. McGiffin stated that former First District Commissioner Eugene Ruane had
brought forward the idea that the DHRC should find out where the City, as an
organization, was with respect to issues of diversity, which would improve the
DHRC’s credibility. Mr. Ruane had envisioned a large research project involving
interviews and surveys of City staff and then a compilation and analysis of the
resulting data and a report. Mr. McGiffin explained that Mr. Ruane had left the area
and that he was now managing this project, which he thought should be scaled down
a bit. He had spoken with Mr. Scott Koenig, City Manager, and Mr. Kirby Hudson,
Assistant City Manager, and had their support in conducting interviews with key staff
people and preparing an online survey with the help of Mr. Andy Siegel, Director of
Information Technology. This would be an audit to determine where those who work
for the City think that the City is on a variety of diversity issues. Council
representatives would also be consulted. Mr. McGiffin stated that he wanted to
inform Mr. Slavin about the status of this project, noting that the next steps would
be to put the existing survey in electronic form for use online and then to schedule
interviews. Mr. McGiffin expressed his opinion that it would be a good idea to know
where the City organization stood first, stating that leading by example would
improve credibility when looking elsewhere. Mr. Slavin stated that he thought this
was a good project.
Noting Mr. Slavin’s previous comment regarding the desire that a 21-year-old
carrying a gun was not perceived as the new normal, Ms. Smith questioned how
Mr. Slavin would suggest framing the DHRC’s support or partnership with the other
organizations he had mentioned, i.e., churches, barber shops, and fraternities, in order
for young people to be educated and successful in life, versus ending up feeling
hopeless.
Responding, Mr. Slavin related an anecdote whereby a good friend who works with
youth in the community showed him pictures of two (2) 18-year-olds who had been
arrested. This individual stated that these kids were in his program at the Boys and
Girls Club but he lost them at age 12 because it was no longer “cool” to go to the
club. Mr. Slavin expressed his opinion that there was nothing to fill the gap that
exists for kids who are older than eight (8) or nine (9) years old. He noted that
sometimes the solutions are not large and global but are a matter of programs for a
specific age group. Mr. Slavin stated that he did not want to make this approach big
or unattainable. He noted that the City was working with the National Council on
Life and Labor Research (NCALL) on the Restoring Central Delaware Initiative that
was focused on housing and physical improvements. He questioned if the City could
tap into some of the energy in that initiative to also restore faith in society and some
of the intangible things that were wanted.
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Mr. Slavin encouraged partnering with the Dover Public Library, noting that they had
been wonderful in looking at non-traditional ways to bring a wider audience into the
library or going out to that audience. He mentioned that some college campuses hold
programs where all incoming freshman read a book that is incorporated in all of their
classes, whether in science, literature, or art history. Mr. Slavin questioned if one (1)
book or one (1) dialogue experience could be held that would trigger a series of
conversations. He noted that the Dover Public Library had offered a program on the
civil rights movement that culminated with an event at the Schwartz Center for the
Arts. A documentary was shown, and there were speakers and freedom writers in
attendance. He stated that this was a wonderful event and the Schwarz Center was
filled with attendees.
Ms. Smith stated that the Boys and Girls Club, along with the YMCA, might be
resources to tap into and partner with. Mr. Slavin advised members that the YMCA
had built a new gymnasium, resulting in more middle through high school kids using
the YMCA and its attached gym.
Mr. Roach stated that there were a lot of resources for the “haves” and not the
“have-nots”, noting that many kids would love to use the YMCA but do not have a
membership and cannot pay the $10 fee to get in. He stated that he often talks to kids
aged 12 to 17 who are being lost because there is nothing for them to do.
Ms. Smith expressed her opinion that a lot of human behavior results from what
people are exposed to, how they are educated, what expectations are laid out before
them, and how they are held to these expectations. She questioned if it would be
effective to create different expectations and put systems in place to place people on
a path to success, versus assuming that they would rebel. Ms. Smith felt the
challenge was to determine how to educate, empower, and inspire the new
generation, noting that hope must be restored and that comes through education.
Mr. Roach noted that segregation in 2015 is different from in the 1960's and that
problems that used to start at age 16 now start in the fourth grade. He stated that
fourth graders have older brothers who they look up to, and they need education on
different options. Mr. Roach advised members that it is difficult even for adults to
understand long-term gratification and kids may be persuaded to participate in illegal
activity to get money for things that they long for. He emphasized the importance of
“reach one, teach one” and building relationships. He stated the importance of giving
kids something tangible that they can reach for, since they do not understand the
concept of getting an education to be successful. Mr. Roach informed members that
he explains to them that they should not take the easy, quick route by making money
illegally, that can be taken away from them, rather than the slower course of earning
money by working.
Mr. Roach’s suggestion was to make it personal, stating that every adult in the City
should find one (1) child to eat lunch with twice per week and give them something
they can work toward, which might change the entire life of a child. He noted that
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impoverished kids may not have anyone there for them and their parents may have
their own issues. He felt that human relations should be put into play by forming
relationships with those outside one’s circle.
Ms. Smith agreed with Mr. Roach and felt that members should brainstorm how to
go about doing this and engaging the community. She indicated that the library was
a resource and noted that the Delaware State Police targets a low-income audience
and stated her intention to invite them to come in and discuss their strategies.
Mr. McGiffin reminded members that the Police Department was interested in
revitalizing the Police Athletic League and in actively reaching out into the
community.
Ms. Traci McDowell, City Clerk, advised members that a discussion about
reactivating the Police Athletic League (PAL) was on the agenda for the Parks,
Recreation, and Community Enhancement Committee meeting scheduled for October
12, 2015 at 3:30 p.m. in the Council Chambers.
Mr. Roach stated that the John W. Pitts Center was great when it first opened up, but
there were incidents where kids got into fights and were put on six (6) months’
probation. He disagreed with some of the structural changes that were made at this
facility, noting that the open gym schedules were not conducive to kids’ availability;
therefore, this resource was not being used. Mr. Roach expressed his opinion that
those who created the problems should be punished rather than throwing away the
offerings. He noted that kids behave badly because they are bored, and felt that if
they were given something that they wanted to do, the would stay out of trouble.
Ms. Smith stated that there are programs in major cities in New York and New Jersey
where schools take inner city kids from conditions that are worse than those in Dover
and create expectations for them, and they end up graduating from high school and
going to college to become judges, lawyers, and teachers. She indicated that this
could be done, but it must be a joint effort.
Mr. Roach expressed his opinion that, in Dover, everyone is not affected enough to
want to make a change. He felt that if the problems on Reed and Queen Streets were
occurring in Fox Hall and Wild Quail, these neighborhoods would stand up and do
something about them. Mr. Roach believed that those dealing with kids sometimes
do not care and reiterated that relationships and rapport must be built with the
community and kids. He questioned why people would feel comfortable talking to
the DHRC, not knowing who they are, stating that the Commission must make
people comfortable. He noted that bonds must be built using things people care
about, such as Facebook, Twitter, Snapchat, etc.
Acknowledging that there was a historical perspective, Mr. Roach advised members
that it was easier to get a gun today than it was in 1960 and kids were fighting over
drugs to get money to buy name brand shoes. Mr. Roach felt that until kids are
shown that they are loved and respected, they will not change. He indicated that
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some of the kids he tried to mentor in high school were stealing, robbing, smoking
weed. They do not feel that going to school is important and it is hard to break that
mindset.
Ms. Smith expressed the desire to revisit this conversation, stating that this may
relate to the TED talk project that members discussed during their meeting of August
25, 2015.
Update on Commissioners’ Tasks - Acknowledgment and Goodbye to
Commissioner Eugene Ruane
Mr. Roach advised members that he had a card for members to sign and send to
former Commissioner Eugene Ruane and questioned if it should be sent to former
members of the Commission.
After further discussion, members agreed to sign the card tonight and provide it to
the Clerk’s Office.
Current and former Commissioners would be advised by the Clerk’s Office that the
card was available in the Clerk’s Office for a week, should they wish to stop in and
sign it before it is mailed.
Discussion - Future Meeting Dates
Ms. Smith advised members that meetings were scheduled for October 27, 2015 and
November 17, 2015 and questioned if members were feeling overwhelmed by
monthly meetings.
Mr. Henderson felt that monthly meetings should be continued for the immediate
future until members get to know one another and crystallize their direction. He
stated that it would be helpful to obtain the meeting minutes.
The Committee agreed to continue the monthly meetings.
Mr. McGiffin advised members that the Government Policies, Programs, and
Practices (GPPP) Committee’s interview/survey document to measure the
workforce’s perceptions of diversity in the workforce had been completed by himself
and Mr. Roach and suggested that it be placed on the next agenda. Once this was
approved, he stated that he would schedule related interviews.
By consent agenda, Mr. Lewis moved for acceptance of the Dover Human Relations
Commission Report of September 29, 2015. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
DOVER HUMAN RELATIONS COMMISSION REPORT -
OCTOBER 27, 2015
The Dover Human Relations Commission met on October 27, 2015 with
Chairwoman Smith presiding.
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DHRC Committee Updates
Government Policy, Programs, and Practices Committee
City of Dover Diversity Questionnaire
Mr. McGiffin explained that the Government Policy, Programs, and Practices
(GPPP) Committee was charged with examining the City’s policies, programs, and
practices through the lens of diversity to try to recognize the things that the City does
well, identify those things that the City could use help with, and advise Council on
how to proceed. He indicated that former Chair Eugene Ruane had researched this
project and a questionnaire had been developed to survey staff in this regard.
Mr. McGiffin requested members’ permission to use this questionnaire as a starting
point, stating that if members approved the survey instrument, he would schedule
interviews with key staff, including the City Manager, Council President, and some
of the department heads. An online survey device, such as SurveyMonkey, would
also be utilized, with the assistance of Mr. Andy Siegel, IT Director. Mr. McGiffin
explained that data would then be collected and reviewed.
Mr. McGiffin stated that he would like to have additional members on the GPPP
Committee, noting that at this time he was the only member. He advised that
Mr. Roach had assisted in the development of the diversity survey document but had
not joined the Committee at this point.
Responding to Mr. Henderson regarding the need for additional members on the
Committee, Mr. McGiffin stated that he would like to have three (3) members.
Mr. Henderson volunteered to serve on the GPPP Committee.
Mr. McGiffin indicated that he would like to have two (2) members to conduct the
interviews. He noted that he had time available in December to work on this project
and hoped to coordinate interviews during that time.
Referring to the General Questions in the memorandum from Mr. McGiffin RE:
Diversity Research Project, Ms. Smith questioned the use of the word “value” in
Question #2. In addition, she questioned how “cultural competency” would be
measured and what barometer would be used.
Mr. Henderson suggested pluralizing the word “value” and stated his opinion that
“cultural competency” was trying to convey the concept of sensitivity to the
backgrounds of others.
Mr. McGiffin stated that cultural competency was broader than this, but that
sensitivity was part of it.
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Ms. Smith felt that every person would measure this differently and questioned what
barometer would be used to measure respondents’ feelings regarding whether
diversity and cultural competency are promoted by the City.
Mr. McGiffin stated that the survey would have a graded scale that is positive on one
end, negative on the other, and neutral in the middle, and respondents would be asked
if they somewhat agree, agree, somewhat disagree, disagree, or have no opinion. The
resulting metric would indicate how many respondents answered in particular ways.
Mr. McGiffin explained that it may not be known whether respondents understand
the term cultural competency; however, when interviews are conducted, more
detailed information would be obtained.
Ms. Smith questioned the intent of the latter portion of Question #3, which addressed
why and how the City promotes diversity. Responding, Mr. McGiffin indicated that
this type of question would not necessarily be included in the online survey because
it would require a narrative, although it may be incorporated if an online narrative
response is possible. He stated that he hoped to receive unexpected responses, noting
that the more that could be learned, the better members could understand what is
going on and find ways to address issues.
In response to Ms. Smith as to whether this portion of Question #3 would be included
in the online survey, Mr. McGiffin stated that it would not be phrased in the same
way; however, he might still be looking for some input, although he was unsure how
to do this through the online survey. He noted that members could approve the
document for purposes of the interviews and request him to come back with a draft
of the online survey.
Ms. Smith felt that this would be helpful, expressing her opinion that the questions
provided an opportunity for follow-up during a face-to-face interview; however, she
felt that there were uncertainties for those completing an online survey.
Mr. McGiffin stated that Ms. Smith would receive a draft.
Responding to Mrs. Sadusky, Mr. McGiffin stated that a written survey would not
be distributed to all employees since he believed there would be a minimal return.
The questionnaire would be used as a basis for the interviews. He was unsure how
many questions would be included in the online survey.
Mrs. Sadusky stated that she was unsure of the exact definition of cultural
competency and suggested that a definition be included for the purposes of the
interview.
Mr. McGiffin stated that it may be useful to know if interviewees do not know what
cultural competency is. He stated that interviewees would not be given the questions
in writing but would be asked them verbally.
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Ms. Smith noted that people may have different thoughts about what diversity is in
terms of race, sexual preference, or religion. She questioned if the goal was to know
if people felt comfortable in the workplace. Responding, Mr. McGiffin stated that
this was among the things that he thought would be learned; however, a deeper
understanding was being sought of how the City approaches issues of diversity, not
only in terms of action but attitude, and how important issues of diversity are to the
decision makers and employees.
Ms. Smith stated that, if possible, she would like to sit in on some of the interviews.
She agreed with the approach of asking questions verbally versus in writing to obtain
a spontaneous response.
In regard to the number of people who would be conducting interviews,
Mr. McGiffin explained that he did not want to conduct interviews by himself
because he did not trust his own perceptions completely since his expectations may
affect what he hears. Another interviewer would allow for two (2) perspectives,
which would increase confidence in the accuracy of recorded results. Mr. McGiffin
felt that three (3) interviewers would begin to sound like an inquisition and may not
encourage open conversation.
Ms. Smith concurred, stating that if one (1) of the interviewers were unable to attend,
she would like to be a part of the process to observe, if not as someone asking
questions.
Mr. McGiffin stated that he could come up with a schedule for interviews, try to
attend all of them himself, and allow Commissioners to sign up to attend as well. To
the extent possible, interviews would be held during the workday, but he believed
that some would be held after the workday. Mr. McGiffin indicated that he would
ask the Clerk’s Office staff to publish the schedule and Commissioners could then
let him know when they are available.
The Commission recommended acceptance of the survey as written for the City staff,
with a new draft to be provided for the online survey.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Community Engagement Committee (Roach)
Mr. Roach stated that a community outreach event had been held in downtown Dover
by the City Police Department and the National Association for the Advancement of
Colored People (NAACP) on October 8, 2015. Turnout was good and the event was
reported in the newspapers.
Mr. Roach indicated that he had been in communication with a couple of police
officers regarding an incident that had occurred with a young man with whom
Mr. Roach was acquainted. Mr. Roach also advised members that there had been
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another incident at Delaware State University (DSU) where a young man who was
intoxicated hit his vehicle’s gas pedal, rather than the brakes. His car was in reverse
and hit seven (7) people, wedging one (1) young lady between the door and a tree.
This occurred on Saturday, October 24, 2015, and all on-campus events were
canceled because of this. Mr. Roach planned to go to DSU to see what would be
happening in this regard.
Mr. Roach stated that construction of the new Boys and Girls Club was going well.
He would be touring the building soon and would discuss the transition to the new
facility and transportation. He indicated that there had been discussion about whether
a non-profit group would be willing to take over the existing Boys and Girls Club
building so that it would not have to be shut down.
Education Committee (Henderson)
Mr. Henderson advised members that the State Human Relations Commission
(SHRC) was planning a series of films to be shown State-wide on various topics of
interest to residents of Delaware. As part of this initiative, a film entitled “Cracking
the Codes,” would be shown on December 8, 2015 from 5:00 pm to 8:00 p.m. at the
Dover Public Library. Mr. Henderson stated that members of the DHRC were
invited to attend.
Ms. Denise Devine, Assistant City Clerk, advised members that library staff were
working with the State Human Relations Commission (SHRC) on this project.
Ms. Smith questioned if there was a place for the DHRC to be a part of this panel or
process. She felt that the DHRC should be represented and endorse this program as
part of its education goals and that it would be a good chance for the DHRC to
partner, serve on the panel, promote, or sponsor the event. Ms. Smith indicated that
she had been in communication with the SHRC about partnering on projects and this
might be an opportunity to forge that relationship, as well as build their relationship
with the community. Responding, Mr. Henderson stated that he would follow up and
let members know if a there was a need for a related meeting before the event.
Ms. Smith moved to approach and have conversation with the SHRC around what
role the DHRC could can play in sponsoring, being a part of, or promoting the event.
The motion failed for lack of a second.
Ms. Smith questioned if the event was being sponsored by the SHRC and hosted by
the Dover Public Library and suggested that Mr. Henderson reach out to either
Ms. Romona Fullman, Director of the Division of Human Relations, or Mr. Calvin
Christopher, Chair of the SHRC.
Mrs. Sadusky suggested that members brainstorm to identify those people or
organizations in the community that members would want to ensure receive a
personal invitation or letter, such as schools and principals. Mr. Henderson
suggested contacting ministerial associations. Ms. Griffith mentioned the Delaware
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Commission for Women. Ms. Smith suggested the Interdenominational Ministerial
Alliance, the Capital School District Superintendent, various fraternity groups, and
social work departments of local colleges as possibilities. Mr. Henderson stated that
he would first find out what the distribution had been as well as the locations of all
the events being offered. He indicated that he would contact the SHRC on
October 28, 2015.
Mr. Henderson advised members that he was registered to attend a symposium at
Arsht Hall, 2700 Pennsylvania Avenue, Wilmington on October 28, 2015 from 6:30
to 8:00 p.m. Dr. Andrew Sandoval-Strausz would be speaking on American and
Hispanic culture and Mr. Henderson offered to bring information back.
TED Talk Meeting with Dan Young
Mr. Henderson stated that he had spoken to Dr. Dan Young, curator for TEDx at
Wilmington University, who indicated that he would have information related to
holding a TED talk event in Dover by the end of the week.
Meeting with Capital School District Superintendent Dr. Dan Shelton
Mr. Henderson advised members that he and Ms. Smith had met with Dr. Dan
Shelton, the new Superintendent of the Capital School District. He indicated that
Dr. Shelton is a very candid, approachable man who wants to work with the DHRC
and with children from elementary school through high school to help them achieve
positive results as graduates, and future shareholders in the City. He was also very
much interested in students obtaining jobs and staying in the community.
Mr. Henderson stated that Dr. Shelton indicated that 60% of Dover High School
students are African American and 30% Caucasian. He had also advised that the
school had a tremendous rate of students who apply for college. Dr. Shelton had
come from a much larger school district in Wilmington but liked Dover and his focus
was to become a part of the community and make the community a positive one.
Mr. Henderson felt that Dr. Shelton was committed to keeping kids engaged and
competitive and that the DHRC should hold further discussions with him, noting that
Dr. Shelton wants to stay engaged with the DHRC and discuss how he and the
DHRC can help each other.
Ms. Smith stated that Dr. Shelton was very enthusiastic and positive and had a lot of
good statistical data. She expressed concern regarding the positive statistics for the
number of students applying for college versus a statement that had been made by the
Chief of Police that many young people cannot be hired because they have a police
record by age 13. Ms. Smith indicated that there was a gap somewhere and
questioned how it could be filled. She stated that she had asked Dr. Shelton what
was being done for elementary school students, who tend to do okay, to prepare them
for middle school, where they often get into trouble. His response was that the
District works on the students’ mind set and offers a training program in this regard.
He indicated that Mr. Malik Muhammad had been brought on board with the District
and was involved in this program.
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Ms. Smith had advised Dr. Shelton that there may not currently be a solution;
however, something must be tried. She had indicated that there was a commitment
to engage students around their educational experience, but felt there also needed to
be a commitment to engage parents around their child's educational experience.
Dr. Shelton had explained that the Capital School District provides Scholastic
Aptitude Tests (SATs) for free, as well as online training. He had expressed his
opinion that the digital divide was not that large anymore because kids have
telephones; however, Ms. Smith shared with him that her parents were high school
drop outs, so they did not know about SATs. Even though the training exists, it may
not mean anything for certain classes or groups of people.
Mr. Henderson suggested that the Community Engagement Committee could let kids
and parents know that SAT preparation is available and free.
Ms. Griffith advised members that she has children who were attending or had
graduated from Dover High School and she concurred with Dr. Shelton that a lot of
information was provided by the school; however, she felt that parents also need to
be involved. Ms. Griffith indicated that Comcast has a program whereby students
who qualify for free lunches can have a low-cost computer, stating her belief that the
cost was approximately $100, and this was advertised on television. Ms. Griffith felt
that the school was doing a good job of communicating; however, she noted that not
many parents attended parents’ night at Dover High School.
Ms. Smith stated that a part of the DHRC’s role is to fill the gap and to assist the
community in decreasing crime, increasing employment, and creating hope for the
City. Ms. Smith stated that her role in the meeting with the Superintendent was to
challenge and question him and to bring to life this piece of hopelessness. She
questioned what could be done to reach those students who fall through the cracks
and do not have parental involvement.
Ms. Griffith advised members that she had talked to Secretary Collins at the
Department of Technology about bringing in young people for a week or so on an
unpaid basis, perhaps give them lunch, and have them learn about technology. She
felt there should be more community involvement, noting that she encourages others
to mentor young men at the high school who have no one to look up to and nothing
to look forward to. Ms. Griffith indicated that she had grown up homeless, attending
seven (7) or eight (8) different schools, and stated that young people needed positive
people in their lives. She indicated that, in June, she participated in the Code Purple
program, staying overnight at a homeless shelter, and found there were homeless
young people there who were not in school.
Ms. Smith stated that members could continue to brainstorm ideas to close the gap
between parental involvement and disengagement, which she felt was the key.
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Mrs. Sadusky asked if members knew what was happening with the former Dover
High School gym and whether it would be torn down. Responding, Mr. Roach stated
his belief that everything would be torn down. He indicated that the athletic fields
were still intact. Mr. Roach stated his belief that these fields were all that would be
kept by the District and offered to look into it.
Ms. Devine stated her belief that during the Parks, Recreation, and Community
Enhancement Committee meeting of October 12, 2015, Councilman Lewis had asked
about this and City staff was going to contact the District to find out specifically who
was using the fields and the tracks. She indicate her belief that all of the buildings
had been torn down at this point. Ms. Devine stated that she thought that continued
use of the buildings on the old site was not permitted as part of the arrangements for
building the new Dover High School.
Mrs. Sadusky felt it was too bad that they had to tear down a perfectly good gym that
could have been used by youth in the community. Mr. Roach stated his belief that
this was needed to finance the new Dover High School and that the Capital School
District would find a way to make some money from the former property.
Communications Committee
Ms. Smith reminded members that former Commissioner Stewart had served on the
Communications Committee and that the Committee had nothing to report at this
time.
Election of Committee Chairs
Government Policy, Programs, and Practices Committee
Ms. Devine advised members that Mr. McGiffin had indicated that he was interested
in serving as Chair of the Government Policy, Programs, and Practices (GPPP)
Committee unless someone else was interested.
Ms. Smith asked if anyone else would like to serve as Chair of the GPPP Committee,
and no members responded.
The Commission nominated Mr. McGiffin to serve as Chair of the Government
Policy, Programs, and Practices (GPPP) Committee.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Communications Committee
Ms. Smith advised members that the Communications Committee was responsible
for putting together a strategic plan on how to communicate the things that the
DHRC was doing and requested a volunteer to serve as chair.
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Mr. Roach indicated that no members were currently serving on this committee and
Ms. Griffith volunteered to serve as Chair.
The Commission nominated Ms. Griffith to serve as Chair of the Communications
Committee.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Devine advised members that the DHRC now had a webpage on the City of
Dover website that included the DHRC 2015-2018 Strategic Plan. She offered to
make sure that Ms. Griffith received the Strategic Plan, noting that it contained
information about the Communications Committee.
Ms. Smith stated the need to make sure that people know that Ms. Griffith and
Ms. Bogle have been appointed to the Commission and that this be conveyed to the
newspaper, along with photos, and that photos and short bios be provided to the City
Clerk’s Office. She noted that the bio should answer the question of why members
were serving on the DHRC.
Ms. Smith asked if any other members would like to serve with Commissioner
Griffith. She noted that members would support Ms. Griffith if she needed help.
Ms. Devine stated that any correspondence should be sent through the City Clerk’s
Office, who could ensure that all members receive it. She explained that this would
avoid a serial meeting or violations of the Freedom of Information Act (FOIA).
Old Business
City of Dover Police Department Ride Along Program and Citizen’s Police Academy
Mrs. Sadusky stated that she and another individual had scheduled an evening to
participate in the Police Department Ride Along Program on a Saturday night but
were sent home because there was a fight, and they were told that it was not a good
time to participate. She had not called to reschedule but planned to do so.
Mrs. Sadusky stated that she had asked about the Citizen’s Police Academy and
Sergeant Glenn Virdin indicated that the Academy had not been set up at this time.
Mrs. Sadusky stated that she was serving on the Education Committee.
Mr. Roach stated that Ms. Smith and Mr. Henderson were serving on the Education
Committee, Mr. McGiffin on the GPPP Committee, and himself and Ms. Hicks on
the Community Engagement Committee. Ms. Devine advised members that
correspondence was received earlier in the day indicating that Ms. Hicks had resigned
from the DHRC.
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Update - Four-Day Basic Mediation Training Conducted by the University of
Delaware Institute for Public Administration - School of Public Policy and
Administration
Ms. Smith advised members that she attended the four (4) day mediation training and
received a certificate. She indicated that she would provide an informational session
to share what she had learned and felt that this training would be valuable for other
members who wish to experience it. She felt that this was a skill set that is learned
by doing. Ms. Smith stated her belief that the training would be offered again in the
Spring.
Responding to Mr. Henderson, Ms. Smith stated that she felt the training was
worthwhile. She indicated that the approach was very deliberate and intentional, and
that the mediation process involves active listening and helping people to come up
with their own conclusions, which is different from her experience as a results-
oriented coach. Ms. Smith explained that in mediation training, the process belongs
to the parties involved, who may or not agree, and the mediator just listens and is
removed from results. She noted that the investment that the City made in her would
not be in vain and that she would be volunteering with the Delaware Criminal Justice
Council and sit in on three (3) sessions before she can actually do a mediation.
DHRC Vacancies
Ms. Smith reminded members that there were two (2) vacancies on the Commission.
She welcomed Ms. Griffith and thanked her for joining the DHRC, noting that her
appointment was confirmed by Council on October 26, 2015. Ms. Smith stated that
Ms. Griffith had filled the First District seat vacated by Mr. Cecil Wilson. She
advised members that Ms. Diane Bogle would be taking the seat vacated by
Mr. Eugene Ruane in the Second District.
At Ms. Smith’s request, Ms. Griffith introduced herself and advised members that
she came to Dover as a result of her military service and was originally from
Charlotte. She indicated that she had been with the State of Delaware for over 16
years and for approximately four-and-one-half years had been employed as a Senior
Legislative Analyst at Legislative Hall. Prior to that, she worked at the Delaware
Department of Transportation as a Legislative Projects Manager. Ms. Griffith stated
that she was serving on the Delaware Commission for Women, the Delaware
Professional Regulation Board, and the Wesley College Alumni Board of Directors.
She stated that she had been married for 22 years and has two (2) children.
Ms. Smith reminded members that there were vacancies in the Third and Fourth
Districts for seats vacated by Ms. Courtney Stewart and Ms. Jane Hicks, respectively.
She stated that they could make recommendations for the appointment of new
members; however, appointments would ultimately be up to Council. Ms. Smith
advised members that Mr. Fred Neil and Mr. Scott Cole were the Council
representatives for the Third District and Mr. David Anderson and Mr. Roy Sudler
represented the Fourth Council District. She suggested that members appeal to them
if they had any recommendations.
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Follow Up - Meet and Greet with Council President Timothy Slavin
Ms. Smith questioned members regarding their perceptions and opinions regarding
the meet and greet session with Council President Tim Slavin during the DHRC
meeting of September 29, 2015.
Mr. Henderson stated that Mr. Slavin had charged the DHRC with helping Council
to have better eyes and ears. He had offered a series of challenges in terms of things
going on in the City and how the Commission could better help Council by finding
out information and funneling it to back to them. Mr. Henderson felt that Mr. Slavin
would listen and also follow through.
Mr. Roach expressed his opinion that his taking the time to come and speak to the
DHRC reflected that Mr. Slavin was invested in what the Commission is charged to
do. Mr. Roach, who represents the Fourth District, indicated that he also tries to
communicate with Mr. Sudler and Mr. Anderson, the Fourth District Council
Representatives.
Ms. Smith reminded members that Mr. Slavin had expressed his hope that young
people carrying guns would not be the new normal and that the City and Commission
would do what it takes to ensure that future generations would not believe this was
the norm. He had stated that the charge to the DHRC would be to offer hope,
compassion, understanding, and engagement.
Mrs. Sadusky advised members that she volunteers in the Alternatives to Violence
Program in the prisons and questioned if this program could be offered to teens in the
community, noting that those men who go through the program find it very helpful.
She offered to find out if the program could be brought to the middle school or high
school in the summer. Mrs. Sadusky stated her belief that it was a six (6) weekend
program.
Ms. Smith felt that this was a great idea and suggested that Mrs. Sadusky also
coordinate a time and date for someone to come in and explain the program to the
DHRC so they can make a better decision.
Ms. Smith expressed her opinion that the DHRC needed to know where they would
make an impact and what they would be known for. She noted that several projects
had been discussed, such as the Alternatives to Violence Program, the diversity
study, and the TED talk. Ms. Smith questioned what the DHRC would be known for,
noting that they could support other organizations, but she felt it important to create
a brand, since this is the way that “buzz” is created, which creates a following. She
questioned what one (1) thing they would focus on, work hard on, and be known for.
For example, she stated that if the focus would be on supporting the police and
dealing with related issues, there should be a strategic plan to do this.
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New Business
Reach One, Teach One Challenge (Roach)
Mr. Roach stated that he would like to work on issuing a personal challenge to City
of Dover employees to “Reach one, Teach One.” He explained that there are
mentoring programs in the Capital School District and City of Dover and suggested
that everyone take the time to reach out to one (1) child. He mentioned the need to
reach kids in the 13-to-18-year-old age group. Mr. Roach suggested that employees
would be challenged to go to one (1) of the schools and volunteer, perhaps by taking
30 minutes at lunch to show a child that the employee cares about him or her. He
stated the possibility of also reaching out to other organizations so that there would
be a pool of mentors for any child in the Capital School District who needs a mentor.
Ms. Devine stated that she mentors at South Dover Elementary School, as does
Ms. Traci McDowell, City Clerk, and that the City Manager had previously put out
an invitation for employees to mentor and would probably be willing to do this again.
She indicated that there is a need for mentors, especially for students above the
elementary school level, and there is currently a waiting list with over 80 children at
William Henry Middle School; therefore, the need was great.
Mr. Roach stated that, in terms of accountability, it would be desired for everyone to
do this, noting that children need someone to look up to since their role models are
those who are selling drugs and shooting guns.
Mr. Henderson stated that he had been involved in the Read-Aloud Program and that
there are many children who are not exposed to books. He advised members that this
is an opportunity to touch lives, noting that the children involved want to learn, read,
and be more educated. Mr. Henderson indicated that the program is sponsored by the
Corporate Kids Learning Center near the Blue Hen Mall, and the headquarters is
located at Treadway Towers. He explained that volunteers must be certified, and this
certification is retained once achieved. He stated that preschoolers aged three (3),
four (4), and five (5) are in the program.
Mr. Roach stated that it would not matter in which program mentors serve; however,
he noted that the DHRC was trying to build a relationship with the Capital School
District and felt that the District’s mentoring program would be a good bridge for this
relationship.
Ms. Smith questioned what this effort would look like in terms of engaging people.
Responding, Mr. Roach stated that it could be as simple as drafting an email to City
Council. Council could then make an announcement about the challenge and the
DHRC could ask to have a draft read at a Council meeting and dispersed to the
different departments. Mr. Roach suggested that volunteers could be asked to send
pictures of their mentees, noting that a waiver may be needed. He stated that the
results would be tangible and measurable and Dr. Dan Shelton, Superintendent,
Capital School District, could track the participants from the Reach One, Teach One
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Challenge. The challenge would continue to be pushed to new employees and those
who did not have the time to participate the first time around.
Ms. Smith questioned what the legal implications were in terms of parental
permission or other issues with respect to working with underage kids. Responding,
Mr. Roach stated that the Capital School District has a standard volunteer packet and
manages the liability issues.
Ms. Devine advised members that a company called “Connecting Generations”
receives applications for the Capital School District and does background checks.
Four (4) hours of free training are provided at various locations after the background
check is passed, and this training is available online. Ms. Devine stated that this
organization could track how many people from the City of Dover sign up, noting
that if a large enough group of employees signs up, Connecting Generations may
come to the City and conduct the training. She noted that volunteers can indicate the
organization that they are from, as well as the grade level and school where they
would like to mentor. Ms. Devine advised members that if the DHRC was interested
in the mentoring project, they would made a recommendation to Council, which
would be included in the DHRC meeting minutes. Council would consider the
recommendation and, if they approve it, members could move forward, possibly
working with the City Manager to get word out about the challenge.
The Commission recommended that Council consider having a “Reach One, Teach
One Challenge” for the City of Dover.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
City Police and National Association for the Advancement of Colored People
(NAACP) Community Outreach Event of October 8, 2015
Ms. Smith stated that she had attended the Community Outreach event, which she
indicated was incredible, noting that there was music, basketball, football, and
dancing and pizza, soda, and chicken wings were served. She applauded the
organizers, noting that the Police Department did an amazing job, taking money out
of their budget for the event and setting up tables. The NAACP was responsible for
bringing in people. Ms. Smith stated that the event was like a huge block party. She
mentioned that Councilmen Anderson and Sudler had attended.
Ms. Joyce Wilson, 500 Persimmon Tree Lane, stated that she came to the DHRC
meeting to listen and see how things were going, noting that she found it interesting
and was sure she would come back. She thanked members for allowing her to sit in.
Ms. Wilson indicated that she works at the Early College High School and expressed
her belief that discipline was needed for ninth and tenth graders and she was
interested in seeing how some of the DHRC programs go, especially with regard to
the police. Ms. Wilson advised members that she would like to see something like
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a “Scared Straight” program. She stated that the Early College High School was a
good program that allows students to graduate from high school with an Associate’s
Degree.
By consent agenda, Mr. Lewis moved for acceptance of the Dover Human Relations
Commission Report of October 27, 2015. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
DOVER HUMAN RELATIONS COMMISSION REPORT -
NOVEMBER 17, 2015
The Dover Human Relations Commission met on November 17, 2015 with
Chairwoman Smith presiding.
DHRC Committee Updates
Community Engagement Committee (Roach)
No report was provided by the Community Engagement Committee.
Education Committee (Henderson)
TED Talk Meeting with Dan Young
Mr. Henderson advised members that he had been unable to get in touch with
Dr. Dan Young, Curator of TEDx at Wilmington University, who had been having
health issues, but planned to get up with him regarding the TED talk.
State Human Relations Commission Film Series/Discussion Initiative
During the DHRC meeting of October 27, 2015, Mr. Henderson had offered to
contact the State Human Relations Commission (SHRC) to obtain information on
their planned film series/discussion initiative.
During the DHRC meeting of November 17, 2015, Mr. Henderson advised members
that he had contacted the SHRC, who had provided him with a flyer extending an
invitation to the community to attend the Free Film and Discussion Series offered by
the Delaware State Human Relations Commission/Division of Human Relations. He
explained that the first film, “Cracking the Code,” would be held at the Dover Public
Library on December 8, 2015 from 5:30 to 8:00 p.m. Mr. Henderson felt that the
DHRC should push this event to get people involved and aware and get some type
of dialog going. He explained that the flyer listed other film and discussion events
that would take place at other locations.
Ms. Smith questioned if Mr. Henderson was able to ask Ms. Romona Fullman,
Director of the Delaware Division of Human Relations, about whether the DHRC
could partner in this event and in what way. Responding, Mr. Henderson stated that
Ms. Fullman was extremely enthusiastic about this and the DHRC was invited to do
anything they could. He had advised Ms. Fullman that the DHRC could publicize
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the event and make sure it got out into the community. Mr. Henderson stated that the
Dover Public Library was also very enthusiastic about the event.
Mrs. Sadusky noted that the DRHC was listed as a partner in the flyer. Ms. Smith
stated that the DHRC would need to discuss what they needed to do in order to live
up to their partnership. Ms. Griffith offered to contact Ms. Fullman to discuss this
project on November 18, 2015.
Ms. Smith stated the need to find out what had been done already and to follow up
with churches and schools, noting that Mr. Henderson had a relationship with the
Capital School District superintendent. She questioned how the DHRC could do its
part in engaging people around the event at the Dover Public Library.
Mr. Henderson stated the need to market the event. He indicated that he would reach
out to the churches, noting that he would make it known at the Interdenominational
Ministerial Association (IMA) Conference on Saturday, November, 21, 2015.
Ms. Smith questioned if the DHRC should make copies of the flyer for distribution.
Mr. Henderson and Ms. Griffith offered to work together on this. Ms. Griffith
offered to post it on a bulletin board at Legislative Hall and other locations.
Ms. Smith requested, as a plan was put together in the next three (3) weeks to
promote the event, that actions be documented in order to follow up with the SHRC
and let them know what the DHRC’s efforts were and how the SHRC was supported.
She suggested that members vote on a suggested budget to purchase envelopes and
mail flyers.
Ms. Griffith suggested the possibility of having the SHRC provide funds for
distributing the information, noting that they usually have such funds in their budget
and staff who can perform the work. Ms. Griffith offered to find out from
Ms. Fullman which contacts the SHRC already had and if the event had been posted
in The Dover Post or otherwise advertised.
Ms. Smith requested that Ms. Griffith email her a copy of the flyer so that she could
post it on her Facebook page. She stated that she was not sure if other members were
on Facebook and suggested that they promote the event to encourage people to come.
Ms. Smith suggested asking the City to post the event daily on their website and
Facebook page, either from the current time until the event is held or for the seven
(7) days leading up to the event.
Ms. Denise Devine, Assistant City Clerk, stated that the flyer indicated that the
Dover Public Library was also a partner, and they may already be promoting the
event. She was unsure about the City of Dover Facebook page. Ms. Devine
explained that the library sends out a newsletter quite often.
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Mr. Henderson and Ms. Bogle offered to work with Ms. Griffith on promoting the
event.
Mr. Henderson moved to recommend becoming a partner for the free film and
discussion series, specifically for the December 8th event to be held at the Dover
Public Library, “Cracking the Codes,” seconded by Ms. Griffith.
Mr. Henderson suggested that the DHRC also partner on the other upcoming films
in the series as they come out.
Ms. Smith questioned if the other events would be held in Dover. Responding,
Ms. Griffith stated that these types of series are typically held in each county.
Ms. Smith stated that the DHRC might have to be careful about getting into other
people’s territory, and Mr. Henderson concurred.
Ms. Smith advised members that they were voting on partnering with the Delaware
Human Relations Commission on the December 8th event to be held at the Dover
Public Library, as well as all of the upcoming films that will be held in the Dover
community.
The Commission recommended partnering with the Delaware Human Relations
Commission on the December 8th event to be held at the Dover Public Library, as
well as all of the upcoming films that will be held in the Dover community.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
The Commission recommended that the City post the event on its Facebook page,
website events page, and Twitter account, if available.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Smith stated that she would also like to vote on a budget for the event, noting
that members would not be meeting again before it is held. Ms. Smith questioned
whether $100 or $150 would be appropriate.
Ms. Griffith stated that she did not believe the amount should be much since the
SHRC had a big budget and recommended a maximum of $100. She noted that the
SHRC budget includes money to do different things, such as providing food for
events. She indicated that the SHRC receives grants and has resources.
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Ms. Smith expressed the need to be fair by taking on some of the financial burden
and at least offering to do some of the work. She suggested finding out how the
SHRC would like the DHRC to support them. She felt that if the DHRC established
a suggested budget, members would not have to meet again to try to get their budget
straight.
Ms. Griffith expressed her feeling that $100 would be appreciated.
Ms. Smith stated that the DHRC has to report to City Council what they do with their
budget and if not utilized, these funds may be lost. She felt it important to find
constructive and valuable ways to use these dollars.
The Commission recommended approval of a suggested budget of $150 for
Ms. Griffith to have the flexibility of using, if necessary, for this particular event as
the DHRC partners with the SHRC.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Griffith stated that she had been looking at the City of Dover Facebook page and
that events were listed on it. In addition, she indicated that events are posted on the
City of Dover website and the City also has a Twitter account. [City Clerk’s Office
Note: Subsequent to the meeting, it was determined that the City of Dover does not
have an active Twitter account.]
Ms. Smith requested that Ms. Griffith keep her informed on where the DHRC is in
terms of the partnership and what the expectation is in terms of support. She offered
to personally support the Communications Committee on this event in any way that
she could. In addition, Ms. Smith indicated that she was curious as to whether one
(1) of the DHRC Commissioners could serve on the discussion panel for the event
if there was space available and, if so, what type of background would be sought.
Responding, Ms. Griffith indicated that she would inquire about this from
Ms. Fullman on the following day.
Communications Committee (Griffith)
Press Release on New Commission Members
Ms. Griffith stated that she had not sent out a press release regarding the appointment
of the two (2) new commissioners.
Ms. Devine stated that no press releases had been issued in regard to previous
members’ appointments, other than a press release when Ms. Smith became the
DHRC Chair, and indicated that she was unsure whether members planned to put
something out about the whole Commission or what their thoughts were for a press
release.
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Ms. Smith stated her recollection that The Dover Post ran an article when former
Commissioner Cecil Wilson was appointed and they called and interviewed her at
that time.
Responding, Ms. Devine stated her recollection that Mr. Jeff Brown, reporter for The
Dover Post, had attended the first meeting after the DHRC was re-established and did
a story about it, but the City of Dover did not issue a press release.
Ms. Smith suggested that once the other two (2) vacant seats on the DHRC are filled,
a press release could be done providing an update on what the DHRC had done
throughout the year and what 2016 would look like.
Submission of Bios and Photos for Website
Ms. Griffith advised members that her bio and picture had been posted to the City
website and she would be obtaining information from Ms. Bogle for the website.
Old Business
Community Involvement - Public Relations Initiative
Ms. Smith advised Ms. Griffith that the DHRC had come up with a public relations
idea to develop a card containing a photo of the commissioners, as well as a list of
their names and districts, and include a message saying, “Congratulations. We’re
proud of you.” This would be sent to individuals identified in the newspaper to let
them know that the Commission exists and is aware that they exist. Ms. Smith stated
this had not yet been done because there had not been a full Commission, noting that
two (2) vacancies remained. She expressed her hope that Mr. Carlos Holmes,
Delaware State University, could take the picture and that this could be done during
FY 2016.
Ms. Smith also advised members that the Inner City Cultural League's Sankofa
Cultural Arts Center, a project of Mr. Reuben Salters, former City Council Fourth
District Representative, would be dedicated on Friday, November 20, 2015 at 7:00
p.m. She stated that children could be brought to the Center from 10:00 a.m. to 2:00
p.m., and there would be a related gala, with business attire, on Saturday,
November 21, 2015. Ms. Smith encouraged members to attend.
Update - Four-Day Basic Mediation Training Conducted by the University of
Delaware Institute for Public Administration - School of Public Policy and
Administration
Ms. Smith advised Ms. Griffith and Ms. Bogle that she had attended a four (4) day
mediation training and that she would be sharing what she learned when the two (2)
vacant DHRC seats are filled. Ms. Smith indicated that this would not be “training.”
She would offer the information and process that was shared with her, but the
training comes through experience.
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City of Dover Police Department Ride Along Program and Citizens’ Police
Academy
Ms. Smith advised members that she had received an email from the City of Dover
Police Department advising her that the Citizens’ Police Academy would probably
start around February. She indicated that this would be placed on the subsequent
agenda for follow-up.
Commissioners Smith, Henderson, Roach, Bogle, and Sadusky expressed their
interest in participating in the Ride Along. Ms. Smith advised members to reach out
to the Dover Police Department at any time to schedule and Mrs. Sadusky provided
contact information.
In House Retreat
Ms. Smith reminded members that it had been decided that the DHRC had a lot of
resources around the table in terms of its membership; however, these resources were
unknown, as were the interests of the various members, and this was the purpose of
the planned retreat. Ms. Smith stated that members had voted to postpone the retreat
until all new members were onboard.
Ms. Roach questioned if members were talking about going away for a retreat and
Ms. Smith and Mr. Henderson indicated that they were.
Ms. Smith stated that the retreat would be budgeted in the current fiscal year, rather
than the next fiscal year.
DHRC Vacancies (Third and Fourth Districts
Ms. Smith reminded members that there were vacancies in the Third and Fourth
Council Districts, noting that she had sent an email to Council President Slavin in
this regard. She expressed her hope that these positions would be filled in January.
New Business
FY 2016/2017 Budget
Ms. Smith stated that there was currently a $2,000 budget and $725 was put into
mediation training, with $1,275 remaining in the budget. She noted that the cards
that would be sent out for community involvement/public relations would cost
money. Ms. Smith stated that if she could not validate spending $2,000 in the current
budget, she could not ask for another $2,000. She questioned what projects members
thought the DHRC would like to work on. Ms. Smith was unsure if there would be
costs related to the online survey being developed by the Government Policies,
Programs, and Practices (GPPP) Committee.
Responding to Mrs. Sadusky, Ms. Smith explained that the funds for FY 16 must be
spent by June 30, 2016. Funds for FY 17 must be requested and, after her
experience this year asking for money, she stated the need to be very clear on where
the $2,000 would be spent and how it would bring value to the City.
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Ms. Denise Devine, Assistant City Clerk, explained that staff and Council’s budgets
are due by the end of November 2015. She advised members that the budget cycle
would begin earlier this year, at Council’s request, and they would be looking at the
budget not long after the first of the year.
In response to Mrs. Sadusky regarding the timeline, Ms. Devine stated that staff
would input the budget for the City Clerk’s Office and for Council by the end of
November. Figures from last year would be pulled forward and changes would be
made from there. Ms. Devine requested a recommendation tonight for what the
DHRC’s budget would be for the next fiscal year.
Ms. Smith stated her belief that budget items would be partnerships, training, and
public relations. She noted that the public relations cards could be created before
July 1, 2015; however, postage would still have to be purchased.
Responding to Ms. Bogle, Ms. Smith explained that there were four (4) DHRC
committees: GPPP, Community Engagement, Education, and Communications.
Ms. Devine explained that the DHRC webpage on the City of Dover website
included the DHRC 2015-2018 Strategic Plan, which contained a list of the
committees and their roles.
Ms. Smith stated that the Commission was trying to find its brand, footing, or legacy
within the community in terms of educating and empowering all people to not allow
themselves to be suppressed but to take ownership and become the people that they
want to be. She felt that if this would be the DHRC’s brand, this is what they would
be about, although they could do other things. Ms. Smith felt that this would require
putting dollars into having forums and discussions and bringing in speakers, as well
as making sure that people are in the audience, which would cost money. She stated
that the DHRC was now partnering with others and questioned how and when the
DHRC could take a leadership role, what that leadership role would look like, and
what the DHRC was talking about that people want to hear.
Ms. Griffith questioned if the DHRC had done anything in terms of community
outreach, such as serving meals at the homeless shelter or volunteering with Habit
for Humanity. Responding, Ms. Smith stated that this was a great idea and would be
discussed under new business.
Ms. Smith asked members to think about what is important to them and what they
would like the Commission to be known for.
Mr. Roach stated the importance of community engagement, noting that in his
opinion that government policies and communication could be in place and the name
could be buzzing, but if members were not engaged with the community and if the
people they were trying to serve did not know who they were, it would be in vain.
He stated that he would like to be involved in outreach and put funds toward a
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DHRC Adopt a Family, buying Christmas gifts for a family and bringing the gifts
personally to them, financing this through fundraisers or using budgeted funds.
Mr. Roach felt that engagement was key since people would not attend forums if they
were not engaged. He expressed his opinion that people would come to get a
McDonald’s gift card or something that benefits them but not for an education piece
when they are in a difficult situation. Mr. Roach stated his belief that members have
varied opinions and are diverse and may have difficulty finding one (1) common
place to land.
Ms. Smith questioned what community events Mr. Roach would suggest that the
DHRC participate in. Responding, he suggested reaching out to different churches
and community programs and volunteering in areas where help is needed, such as
serving in a soup kitchen.
Ms. Smith requested Mr. Roach to let members know specifically when and where
they should do this, should the DHRC vote to do so. Responding, Mr. Roach offered
to get a contact.
Mr. Henderson advised members that Calvary Baptist Church at Queen and Fulton
Streets serves a Thanksgiving meal. Mr. Roach stated that this church feeds a
Thanksgiving meal to those who come and delivers one to those who cannot.
Ms. Griffith noted that Interfaith Mission for Housing has a sign-up available on their
website for the days when food can be provided and served and this may also be a
possibility.
In regard to the FY 2016/2017 budget request, Ms. Smith indicated that she had put
together a budget. Noting that members had talked about partnerships, training,
public relations, and postage, she questioned if members wished to add anything else.
Mr. Roach stated that not many funds had been used in the current fiscal year and
questioned if remaining funds would roll over or be returned and the DHRC would
start with a whole new budget. Responding, Ms. Devine stated that funds that are not
spent would be gone and the DHRC would submit specific line items for the budget
for the next fiscal year.
Ms. Griffith suggested allocating funds to do a dinner at the homeless shelter or
sponsoring a family. Responding, Mr. Roach noted that funds were available in the
current budget and suggested that this topic be added to the next agenda under
outreach.
Ms. Griffith expressed her desire to make sure that funds would not be reverting.
Mr. Roach stated his thought to ask for the same amount since he did not believe that
the DHRC would be able to use all of the funding for the current fiscal year.
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Ms. Smith noted that funds did not have to be spent until June 30, 2016 and she felt
that this would occur.
Ms. Griffith felt that the same amount should be asked for and believed that it could
be spent.
Mr. Roach felt that if the DHRC could show Council what was planned between now
and June, they might be able to ask for more.
Ms. Smith stated that training was included for next year, as well as the cost of
partnerships. She indicated that there could be a line item for outreach, which would
include postage, cards, and community events.
Ms. Griffith stated that she could talk to Ms. Romona Fullman, Director of the
Delaware Division of Human Relations, about what events were planned, noting that
the DHRC could add to the SHRC’s plan, as well as the Commission for Women’s
plan.
Ms. Devine reminded members that there had been discussion about sending another
Commissioner to mediation training in the spring. She was unsure if the price would
be the same or increase; however, $725 had already been spent for this.
Ms. Devine stated that if the DHRC wished to recommend a budget of $2,000, this
could be submitted. She noted that it would be possible for members to change this
after their next meeting if necessary. Although half of their current budget had not
been spent, this could change by the end of the year. Ms. Devine reminded members
that things could change and they could go back to the City Manager or Council to
ask for more funds.
Ms. Smith indicated that the general consensus was to ask for $2,000 and not go
above that.
Mr. Roach concurred at this point in time, noting it would difficult to ask for more
since less than half of the budget was spent. He stated his recollection that the
DHRC’s initial request was for $5,000 and Council approved $2,000, noting that it
was better to shoot high.
Ms. Smith indicated that she would like to ask for $5,000 and tell Council that the
DHRC had planned to send additional members for training but opted not to do so
at this time because it would have eaten up their budget. She stated that training,
public relations, postage, and outreach could be included as line items, and
community engagement and events could be listed under outreach.
In response to Ms. Devine, Ms. Smith confirmed that the budget amount would be
$5,000 but specific amounts would not be set for the items that she mentioned.
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The Commission requested $5,000 for the FY 2016/2017 budget for training, public
relations, postage, and outreach, with community engagement and events to be listed
under outreach.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Invitation for the DHRC to Participate in the Central Delaware National
Association for the Advancement of Colored People (NAACP) 1st Annual
Community, Family, and Fellowship Dinner/DHRC Logo
Ms. Smith reminded members that she had participated in a community outreach
event that had been held by the City of Dover Police Department and the National
Association for the Advancement of Colored People (NAACP) on October 8, 2015,
which was held in the downtown area at the former Acme grocery store site and had
been an amazing event. She indicated that she had been notified that the NAACP
would be holding a 1st Annual Community, Family, and Fellowship Dinner on
Monday, November 23, 2015 at Holy Trinity Church at 425 West Division Street,
and volunteers were being sought. Because there had been no opportunity for the
DHRC to get together and discuss this, Ms. Smith stated that her own business,
“S. Renee’s There is More Inside”, would be partnering and was listed on the event
flyer. She felt that it would be a huge opportunity for the DHRC to also partner and
have their logo and presence there; however, she realized that the Commission did
not have a logo. Ms. Smith expressed the need for members to be identifiable when
going out and volunteering and suggested having matching T-shirts with the DHRC
logo on the front and perhaps “We Believe in the City” on the back.
Ms. Griffith stated that they could also have name tags that would identify them.
Ms Devine stated that new members would be provided DHRC badges once their
pictures were received. She was unsure if the Commission would like to purchase
business cards for the new members or if they wanted to wait until the two (2)
vacancies were filled since there would be a discount if more cards were purchased.
She indicated that she could place this matter on the next agenda for discussion.
Ms. Smith stated her belief that a logo was needed and asked if Ms. Griffith could
work on this.
Mr. Roach suggested that all members try to come up with a general concept,
suggesting that the SHRC logo be adapted using the City’s seal if the SHRC gave
permission.
Ms. Smith stated that she could provide the name of someone who designs logos and
could provide several samples. She indicated that this may cost $50 or $100;
however, the DHRC has a budget to build its presence. Ms. Smith felt that she was
not qualified to do this and did not like to step into territories where she is not
qualified.
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Mr. Roach felt that it would be a disservice to the new commissioners to wait until
the next meeting to order business cards.
Ms. Smith advised members that she was not necessarily saying that the business
cards should wait but was thinking about having the DHRC logo on the top of the
cards. She felt that a designer should prepare the logo, and Ms. Griffith concurred,
stating that the City should not mess with the State’s logo.
Mr. Roach requested that he be provided the contact information for a designer and
stated that he would provide a general idea of what the DHRC was looking for.
Ms. Smith suggested the designer be provided with the DHRC’s mission and the
feeling that they want to leave with people. They would be paid for their creativity
in designing the logo.
Ms. Griffith requested that she and Ms. Bogle be provided badges for identification.
Responding, Ms. Devine stated that she could obtain badges from Human Resources
as soon as she receives photos and would notify members when they are available.
Ms. Smith stated that it would have cost from $150 to $300 for the DHRC to be a
part of the NAACP 1st Annual Community, Family, and Fellowship Dinner, which
would not have been costly and would have increased the DHRC’s presence.
However, she indicated that members could still volunteer to serve on the day of the
event and she definitely planned to be there.
Ms. Griffith expressed her opinion that the DHRC needed to participate in more
things like this as a commission, noting that their picture could be put in The Dover
Post so people would know who they are.
Members discussed various options regarding obtaining T-shirts or polo shirts to
identify them.
Ms. Devine noted that this item was not listed on the agenda. Ms. Smith stated that
the DHRC was planning to do an event and members needed something that would
make them identifiable for events like this.
In response to Mr. Roach, Ms. Devine explained that items could not be added to the
agenda because the public had not been made aware of the item being discussed. She
explained that the Freedom of Information Act (FOIA) specified that emergency
items could be added up to six (6) hours before a meeting. Ms. Devine noted that the
community was not being given the opportunity to talk about how the DHRC was
spending money or provide input on the logo.
The Commission recommended that the DHRC participate in the NAACP 1st Annual
Community, Family, Fellowship Dinner, which also involves the Dover Police
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Department, the Interdenominational Ministerial Alliance, the Fraternal Order of
Police, and S. Renee’s There is More Inside.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Griffith and Mr. Roach stated that they planned to attend.
Ms. Devine reminded members that when four (4) or more members get together, the
City can post a notice regarding a potential quorum. Members would not be in
official session and could not take action, which could not occur outside of an official
meeting. In addition, she stated that members could not call four (4) other members
to discuss official business. Ms. Devine requested that if members receive notice of
similar events and are looking for members to attend, this information should be sent
to the Clerk’s Office so that they can share it with all commissioners.
In response to Ms. Griffith, Ms. Devine confirmed that this would also apply to
information she might wish to pass on from the Communications Committee. She
explained that the Clerk’s Office blind copies members on emails so that members
do not “Reply All”, which could result in an unintended meeting.
Ms. Smith questioned how much members would like to allocate for the logo and
recommended not exceeding $100.
Mr. Roach suggested going to one of the colleges or high schools and offering a prize
for the official DHRC logo. This would build a relationship with the school and
possibly with the Capital School District Superintendent.
Ms. Smith questioned if this would be part of Community Engagement, and
Mr. Roach stated that he felt that it would.
Ms. Devine stated that Council would have to approve this recommendation.
Ms. Bogle suggested that, rather than a contest, this could be a project for students
at Delaware State University.
Ms. Devine advised members that the City of Dover has T-shirts and polo shirts with
the City of Dover logo that are sold at the City’s warehouse but was unsure of the
price.
Mr. Henderson questioned if the DHRC’s information could be added.
Mr. Roach felt that the Dover High School print shop could add this information in
a short amount of time. This could be done for the short term until a logo is
developed and approved by Council.
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Responding to Ms. Smith, Ms. Devine stated that the DHRC could use shirts with the
City of Dover logo since this is on the DHRC agendas, etc. She did not feel it would
be a problem to add members’ titles.
Ms. Smith questioned what the process would be for obtaining shirts with specific
sizes from the City of Dover and getting them to Dover High School to have the
names added. She also inquired if members were going too far off the agenda and
if this would cause conflict.
Ms. Devine stated that if members wished to take a brief recess, she could find out
this information.
Meeting recessed at 6:27 p.m. and reconvened at 6:33 p.m.
Ms. Devine advised members that, since they had decided to participate in the event,
they could discuss and vote on whether or not they would like to get shirts under that
topic. She advised members of the approximate cost of each shirt and offered to
check the next day on how shirts could be obtained. Ms. Bogle noted that members
could email her their sizes.
Ms. Bogle offered to coordinate with the Clerk’s Office regarding obtaining the shirts
and with Dover High on additional lettering for the shirts.
Ms. Devine advised members that they could discuss getting a logo and having a
contest. Once the options were narrowed down or the group decided on a logo, this
should be formally presented to Council before representing the City with the logo
in public.
Mr. Henderson moved to purchase shirts from the City for each member and have
them taken to Dover High School to have Commissioners’ names put on them. The
motion was seconded by Ms. Griffith.
Ms. Devine questioned if members would like the lettering to specify “DHRC” or
“Dover Human Relations Commission.”
After further discussion, Ms. Smith clarified that the motion was to purchase polo
shirts from the City for each commissioner and have them taken to Dover High
School to have “Dover Human Relations Commission” and the last name of each
commissioner added.
Responding to Ms. Bogle, Ms. Smith stated that efforts would be made to have them
done by Monday, November 23, 2015 if possible.
The Commission recommended purchasing polo shirts from the City for each
Commissioner and have them taken to Dover High School to have “Dover Human
Relations Commission” and the last name of each commissioner added.
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By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Ms. Devine obtained sizes of members who were present and offered to contact
members who were not there. Ms. Devine stated that there were different colors and
members requested a darker color.
Mr. Roach moved to allow Ms. Bogle to work collaboratively with the City with
latitude to obtain the shirts, regardless of the color, and choose the stitching based on
her decision with Dover High School, seconded by Mr. Henderson.
Ms. Smith stated that white was not a choice since it would be hard to clean.
The Commission recommended allowing Ms. Bogle to work collaboratively with the
City with latitude to obtain the shirts, regardless of the color, and choose the stitching
based on her decision with Dover High School.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Mr. Henderson moved to recommend that Dover High School students be asked to
create a logo for the Dover Human Relations Commission in exchange for a $50 gift
certificate, seconded by Ms. Griffith.
In response to Mr. Henderson, Ms. Smith stated that the gift certificate would not
have to be for any particular place but could be a gift card.
Mr. Roach suggested that the Community Engagement Committee solicit donations
for prizes, for example, the winner could receive a $50 Visa Card, second place a gift
card from Best Buy, and third place a card from TGIFriday’s. He felt that the prize
should be based on whatever donation the Commission was able to obtain.
Ms. Devine questioned if the full Commission would vote on the contest winner or
who the judges would be. She stated that the DHRC would make a recommendation
to Council regarding the logo contest and, if approved, the DHRC could work on the
idea more at the next meeting.
Ms. Smith stated that once Council approves the contest, the DHRC could move
forward, knowing that the logo would have to go back to Council for approval.
Responding to Mr. Henderson, Ms. Devine stated that DHRC items are typically on
Council’s consent agenda, but if someone wanted to discuss an item further with
Council during the meeting, it could be removed from consent. She stated that when
the logo goes to Council for approval, this would be a formal presentation and not on
the consent agenda.
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Mr. Roach stated that the contest winner could be brought in and recognized. He felt
that DHRC members should be there as well.
The Commission recommended that Dover High School students be asked to create
a logo for the Dover Human Relations Commission in exchange for a $50 gift
certificate.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
DHRC Webpage Photo Gallery
Ms. Smith advised members that if “Dover Human Relations Commission” is
googled, a photo gallery appears that has outdated pictures. She suggested that the
photo gallery be taken down completely or that the pictures be replaced with new
ones.
Mr. Roach felt that these pictures should be taken down immediately since the
Commissioners’ new bios were on the website. He suggested that new pictures be
taken to replace the old ones.
Ms. Devine explained that the DHRC photo gallery had been turned off and a Google
search now indicates that the link is broken; however, the photo gallery would still
show up on a Google search for the Dover Human Relations Commission. She noted
that the DHRC’s current webpage appears second on a Google search, but the old
information appears first because it had been there for a long time. Ms. Devine
advised members that if they click on their own links every day, this would cause this
information to open up first in Google.
Mr. Roach moved to recommend taking photos of Commissioners at meetings and
events and submit them. The motion failed for lack of a second.
Ms. Bogle indicated that she has a camera and liked to take photographs.
The Commission recommended beginning to take pictures of events that the
Commission is having and for Diane Bogle to be the primary photographer for the
photo gallery.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Scheduling of 2016 Meeting Dates
Ms. Smith questioned if members wished to hold a December meeting, noting that
if they wished to vote on adopting a family, this would have to take place in the next
two (2) or three (3) weeks.
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After further discussion, Ms. Smith suggested meeting on Thursday,
December 10, 2015. Ms. Denise Devine, Assistant City Clerk, indicated that she
would have to check the availability of the meeting room.
Ms. Bogle questioned if members wished to adopt a family or if this would be
determined at the time of the next meeting. Responding, Ms. Smith indicated that
this would be determined during the next meeting since it was not on the current
agenda. She encouraged members to email the City if they had other matters that
they wanted to discuss so that they could be placed on the agenda.
Ms. Griffith stated that members could also consider adopting a senior citizen
through the Department of Health and Human Services.
The Commission tentatively scheduled a meeting for December 10, 2015 at 5:15 p.m.
Ms. Devine stated that if December 10th date were not available, she would contact
the Chair and members regarding an alternate date.
By consent agenda, Mr. Lewis moved for acceptance of the Dover Human Relations
Commission Report of November 17, 2015. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE REPORT - DECEMBER 14, 2015
The Parks, Recreation, and Community Enhancement Committee met on
December 14, 2015 with Chairman Anderson presiding.
Review of Active Recreation Area Plan - The Grande, Building 4: Planned
Neighborhood Design - Senior Citizen Housing Option (Planning Reference
C-15-04)
Members were advised that The Grande, Building 4 project would be reviewed as a
Conditional Use Site Plan to establish a Planned Neighborhood Design development
of Senior Citizen Housing. The plan proposed construction of a four (4) story 62,240
S.F. apartment building consisting of 48 units (Building 4) and other associated site
improvements to join the existing apartment complex, which consisted of three (3)
apartment buildings now known as The Grande. With this project for a fourth
building, the complex would consist of a total of 192 apartment units of Senior
Citizen Housing.
Mrs. Dawn Melson-Williams, Principal Planner, advised members that use of the
Planned Neighborhood Design Senior Citizen Housing option would obligate the
developer in terms of the type of resident that would reside in the complex.
Mrs. Melson-Williams advised members that the per dwelling unit calculation
required 150 square feet of Active Recreation Area per dwelling unit by code, which
would total approximately 28,800 square feet in this case. The three (3) areas that
were highlighted as the Active Recreation Area would provide almost 22,000 square
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feet in built amenities, resulting in a deficit. Mrs. Melson-Williams explained that
the developer was seeking to resolve this by using a cash-in-lieu payment, which
would be designated for the Parkland Reserve Fund, instead of constructing
additional amenities. One (1) reason cited for utilizing this process was that there
was not much green space left on the site for additional amenities.
Mrs. Melson-Williams stated that staff had reviewed the Active Recreation Area plan
and provided a series of comments and recommendations. Staff had also advised that
the cash-in-lieu payment was one (1) of the options to resolve the square footage
deficit and identified procedures and clarifications that would be necessary for the
development plan. Mrs. Melson-Williams stated that the Active Recreation Area
Plan was being brought to members for their review and comment, noting that their
recommendation would be forwarded to the Planning Commission, who would meet
later in the week to consider the plan as a whole for development of Building 4.
Noting that current development was geared toward senior citizens, Mayor
Christiansen inquired if there were arrangements within the plan to accommodate
families with children or singles if the property should change hands. Responding,
Mrs. Melson-Williams stated that the three (3) current buildings were built as
market-rate apartments; however, the developer had chosen to target the senior
housing market. During the Summer of 2015, they took the step of placing deed
restrictions in accordance with the Fair Housing Act at the federal level, which would
require the head of household for at least 80% of the units to be aged 55 or over.
Mrs. Melson-Williams indicated that the process that the project was currently
moving through to construct Building 4 would specifically designate the entire
project as a senior citizen housing project, which is for those aged 55 and over.
Changing the designation would require removal of a deed restriction and could
possibly involve some procedural issues related to compliance with the City’s Zoning
Ordinance, because the density that the developers were achieving was potentially
only achievable as a senior housing project. Mrs. Melson-Williams stated that if
steps were taken to make the complex non-senior housing, the City would have to go
back through this process again. She indicated that, in terms of the recreation area,
there was a variety of amenities that would probably appeal to a variety of residents
should a change happen.
In response to Mayor Christiansen regarding the types of trees that would be
included, Mrs. Melson-Williams advised members that there were existing trees
throughout the project that ring the buildings on the outside between the buildings
and the parking lot. In addition, trees had been planted in the central area around the
stormwater management facility in the last five (5) years. She noted that there were
tree planting requirements for the overall site, stating her belief that regulations
required over 90 trees.
Responding to Mr. Caldwell, Mrs. Melson-Williams confirmed that at least one (1)
member of the household must be aged at least 55 years, noting that the City's Zoning
Ordinance requires this to utilize the senior citizen housing option type of project.
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She explained that the ordinance refers only to the head of household and there were
no other limitations on other members of that household.
Mr. Caldwell questioned if there was a detailed agreement with the Modern Maturity
Center, which is adjacent to the project. In response, Mrs. Melson-Williams stated
that there is a walking path between the apartment complex and the Modern Maturity
Center that is wide enough for golf cart access between the two (2) facilities that the
residents of this facility could take advantage of. The developer had indicated to the
Planning Office that the annual membership fee to the Modern Maturity Center is
paid as part of the lease agreement for each of the units. She noted that there may be
other fees to utilize specialized amenities or meals at the Modern Maturity Center.
As to whether individual residents would know what is in the agreement and what
they can utilize, Mrs. Melson-Williams stated her belief that this was part of the lease
document, which was not submitted to the Planning Office. She explained that staff
had asked for this document if the developer was going to claim the Modern Maturity
Center as part of the active recreation component to meet requirements; however,
they were not resting on this as their Active Recreation Area.
Mr. Caldwell asked if staff had granted any exemptions in regard to Building 4 as far
as recreational activity plans or if all requirements must be met, including the 28,800
square footage requirement. Responding, Mrs. Melson-Williams explained that the
28,800 square foot requirement must be met as demonstrated on the plan or by going
through a different type of process. In this instance, the developer was looking to use
a cash-in-lieu payment.
In response to Mr. Caldwell as to whether or not staff would accept the cash-in-lieu
payment, Mrs. Melson-Williams advised members that this was one (1) of many
options. Staff had received notice in writing earlier in the day that this was how the
developer intended to solve the deficit.
Responding to Mr. Hosfelt, Mrs. Melson-Williams explained that the cash-in-lieu
payment is based on a formula related to the appraisal for construction financing, and
the City’s code outlines what is utilized for that calculation. The number was
unknown at this point because it would be calculated once the developer supplies the
appraisal. Mrs. Melson-Williams explained that there are specific guidelines in the
Zoning Ordinance that describe what that appraisal is.
Mrs. Horsey stated that she was intrigued by the option of inside recreation space and
asked what could be put inside a building that might satisfy the requirement for
active recreation. Responding, Mrs. Melson-Williams indicated that other projects
had included indoor facilities that were most often part of a clubhouse facility. She
explained that meeting room areas and fitness centers could have been options;
however, the developer had not put this forward.
In response to Mrs. Horsey regarding the cash-in-lieu amount, Mrs. Melson-Williams
reiterated that the appraisal was needed to calculate this amount and procedurally
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there was a mechanism to report the amount of the payment to the Parks, Recreation,
and Community Enhancement Committee and to the Planning Commission. She
stated that this payment is an up front cost that must be made prior to receiving a
Certificate of Occupancy, and in this case she felt that a building would probably not
be started without this payment being made.
Mrs. Horsey questioned whether the current landscaping on the property was thriving
now and if the landscaping that had been previously planted was up to what was
required for the three (3) existing buildings. She noted that making sure that plant
material thrives had been a problem over the years. Responding,
Mrs. Melson-Williams advised that code requires plantings to survive one (1) year.
She assured members that staff would confirm the plan meets the number of trees
required and check the life expectancy of those trees, noting that required trees would
be replaced if they die.
The Committee recommended approval of Staff’s recommendations regarding the
Active Recreation Area plan for The Grande Building 4 as a Planned Neighborhood
Design for senior citizen housing option.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Review of Non-Conforming Uses
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
reviewed a presentation entitled, “Non-Conforming Uses” dated December 14, 2015.
She explained that non-conforming uses are those uses that are not permitted under
the provisions of Article 3 of the Zoning Ordinance, and some of these uses in the
City predated a rezoning of the property, an amendment to the Zoning Ordinance
text, or zoning altogether, since some of these properties dated from well back into
the 1950s and1960s.
Mrs. Townshend reviewed the provisions of non-conforming uses set forth in
Sections 1.1, 1.2, and 1.5 of Article 7. She advised members that Section 1.5
addressed objectionable uses and included provisions for continuing a non-
conforming use a specified time period following the effective date of the ordinance,
which grandfathered in certain things. She stated her belief that the ordinance
became effective in 1976. Mrs. Townshend indicated that staff was working on
clarifying some of the definitions. She felt that this was the most pertinent piece of
this section of code as it related to some of the issues that had come up recently.
In regard to how staff enforces the sunsetting of non-conforming uses,
Mrs. Townshend explained that before staff issues a license or permit, they make sure
that the property has not been vacant for a year. Owners of non-conforming
properties that have been registered as vacant for more than a year are notified that
they must be restored to single-family homes. If there has been a fire, staff verifies
that the repair cost does not exceed 75% of replacement value and checks for other
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relevant criteria. She indicated that most of the non-conforming uses that staff had
dealt with were in the downtown residential area. Mrs. Townshend noted that there
was a provision in the Code that mentioned sunsetting non-conforming uses 20 years
after the 1976 effective date of the ordinance; however, to her knowledge, there was
no effort in 1996 or anytime thereafter to determine what uses should have been
sunsetted at that time. Nothing had typically been done if there had been a
non-conforming use and continuous existence.
Mrs. Townshend advised members that if staff were to move forward, significant
research would be needed to determine code amendment dates, property rezonings,
and non-conforming properties. She explained that staff would have to determine
whether some of the non-conforming uses were truly non-conforming or if they
would be considered legitimate conditional uses that would need to go through the
Planning Commission.
Mrs. Townshend stated the need for consistency and for a change not to be
implemented with one (1) or two (2) properties but based on an evaluation done
across the City. If based on timing, she felt it would be appropriate to do this in the
context of the City of Dover Comprehensive Plan with subsequent comprehensive
rezoning. Mrs. Townshend also expressed concern regarding the unintended
consequences of enforcement, noting that many non-conforming uses coexist without
any issues at all. She explained, for instance, that some churches and funeral homes
would be closed if staff was unable to determine that they had ever received
conditional use approval. Mrs. Townshend questioned the ramifications for property
owners who had been managing their property in accordance with other codes.
Mr. Hosfelt questioned the reason for the provision that a structure cannot be restored
other than for a conforming use after damage from any cause exceeding 75%.
Responding, Mrs. Townshend explained that this threshold was set at a particular
point in time and explained that it was to protect both the homeowner and the
insurance company, stating the desire not to put someone in an upside-down
mortgage. Mrs. Townshend noted that she had spoken with Councilman Hutchison
a number of times over the years about whether there was a need to look at the
number of houses that had been converted to multi-family dwellings. She noted that
there was a related provision in the code; however, questioned if a code amendment
was needed so that there would be something more updated that would sunset things
in a more transparent way, rather than taking a piece of code from 40 years ago and
suddenly saying that it would be enforced.
Mr. Hosfelt questioned whether there was adequate time and staff to do the research
that Mrs. Townshend had referred to. Responding, Mrs. Townshend stated that staff
could fit it in; however, they would have to go through every use that is not
permitted. She noted that most of these uses would be in residential zones, although
there would be some in other zones as well. Mrs. Townshend indicated the probable
need to come up with a Geographical Information Systems (GIS) tool.
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In response to Mr. Hosfelt as to whether the locations of these properties were
already known, Mrs. Townshend stated that staff knew where some of them were, but
not on a grand scale. She felt it would be a significant undertaking to make sure that
this was done in a fair way.
Mr. Hutchison noted that he and Mrs. Townshend had discussed many times that it
was not permitted to convert a residence into an apartment in a residential area,
noting that this could not be allowed to happen. Responding, Mrs. Townshend stated
her belief that the issue of conversion was addressed in a code amendment adopted
in 2003. She stated that one (1) possible approach would be to start marking 20 years
from the date that this provision was adopted. Mrs. Townshend noted that the code
referenced the effective date of the Article 7 ordinance. She indicated that her
preference, in terms of non-conforming uses, would be to revisit this article of code
to come up with a better process for addressing these situations, rather than trying to
apply language that had been there for 40 years without really being used and
applying it to current situations.
In response to Mr. Hosfelt, Mrs. Townshend stated that this was something that could
be used to turn around properties that had been converted from single-family homes
into apartment buildings. An option would be to amend Article 7 to include
provisions that would apply to family structures that had previously been converted
by a specific year. She noted that when “20 years from the effective date of this
ordinance” is specified, it takes research to find the effective dates of the ordinance
and its amendments.
Mrs. Horsey questioned if these provisions would prohibit a family from having a
boarder or renting out a certain area of their dwelling. Responding, Mrs. Townshend
stated that this situation is governed by a different section of Code, noting that
currently the definition of family addresses this and it is stated that a family can have
no more than one (1) boarder.
Mr. Anderson advised members that there was a club on North Kirkwood Street that
was being rented out for activities and did not seem to fit in a residential area. He
questioned if this would fall under the 20-year provision. Responding,
Mrs. Townshend stated her belief that it would fall under the 20-year provision and
that staff would need to determine how long it had been there. She indicated that if
the City were to enforce non-conforming expirations, this must be done fairly across
the board.
Mr. Anderson questioned if it would be fair to start enforcement in an area where
there had been scores of neighborhood complaints. Mrs. Townshend agreed that this
would be fair; however, she felt there was a need to amend the code to give the
authority to address individual non-conforming uses, perhaps on the basis of an
appeal by neighbors. If it was not desired to expire all non-conforming uses, she felt
the code should be amended to provide a mechanism for holding a hearing, perhaps
before the Board of Adjustment or the Planning Commission, to begin some type of
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proceedings to expire a use. Mrs. Townshend noted that there were liquor stores in
some residential zones that may not receive as many complaints as the property
Mr. Anderson mentioned; however, she felt that residents may have an interest if they
knew there was an opportunity to address them.
Mr. Anderson stated the need for mapping to find out what is non-conforming in the
City to determine if there is an overall problem and to look at the complaints that had
been received to see if they line up or not. He indicated that he was unsure if there
was a need to develop new Code or to enforce the existing Code, noting that residents
were specifically asking for enforcement.
Mrs. Townshend stated her opinion that a legal opinion should be obtained if the City
were to take action specific to one (1) establishment that was generating complaints.
She expressed the desire to make sure that the City did not put itself in a position to
be challenged for targeting a specific location.
Mayor Christiansen concurred, expressing the need for maintenance of standards.
He stated that the City would be putting itself in harm’s way if it chose to look the
other way on other non-conforming properties.
Mr. Anderson suggested starting by taking an inventory, and Mrs. Townshend
agreed.
In response to Mr. Hutchison regarding the time required to address non-conforming
uses in the whole City, Mrs. Townshend estimated that working with GIS staff to
obtain an inventory would probably take a couple of months.
Mr. Hutchison asked if a case-by-case procedure could be put in place in the
meantime. Responding, Mrs. Townshend reiterated that she would want a legal
opinion if a case-by-case rather than across-the-board procedure were to be used so
that there would not be an accusation of targeting any specific location. However,
she noted, for instance, that if building code violations were being discussed and it
was determined that a property had been vacant for more than a year, she would start
the process of reaching out to the property owner, noting that staff had done this on
a routine basis and would continue to do so.
Responding to Mr. Hutchison, Mrs. Townshend confirmed that there were many
properties that had been converted to apartments and were still actively being used
all over the downtown area, including the Downtown Development District (DDD)
target area.
Mr. Anderson stated the desire to: 1) develop an inventory; 2) establish a resident
appeals procedure; 3) establish a clear standard that everyone could understand and
could be universally applied.
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In response to Mr. Caldwell regarding whether a legal opinion was needed in regard
to any approach taken, Mrs. Townshend advised members that staff typically works
closely with the Deputy City Solicitor and gets his feedback when working on Code
amendments that involve property rights and would do so in this case.
In view of the holiday schedule, Mr. Hosfelt suggested asking Mrs. Townshend to
come back before the Committee in March to provide an idea of what the situation
was City-wide.
Mr. Anderson felt that the issue regarding resident appeals concerned a lot of people
in different areas of the City and should be part included, and stated that a March date
seemed reasonable to him.
The Committee recommended that Staff be requested to prepare a residential appeal
process and to also look at those properties within City limits that are clearly non-
compliant with the uses for review by the Committee during their March meeting.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Mr. Kirby Hudson, Assistant City Manager, suggested implementing a color palette
in the downtown area.
Concerns - Park Lighting (Kirkwood and Division Streets)
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that Police Chief Paul Bernat had contacted her and
Mr. Harry Maloney, Electric Director, about lighting at the basketball court at
Kirkwood and Division Streets. She indicated that the Electric Department had
developed a cost estimate to replace this lighting, noting that existing lighting had not
been used in over 20 years and was in very poor condition. Mrs. Townshend
indicated that a design was being developed, lighting would be installed and,
provided that all goes through, Police Chief Bernat had gotten money through bank
settlement funds that would be used to pay for the improvements. She indicated that
hopefully within the next few months there would be lighting on the basketball courts
that would be set on a timer.
Mr. Anderson thanked the Police Department for working to find these funds.
Mrs. Townshend noted that Mr. Anderson and Mr. Sudler had mentioned the issue
of fencing around the playground on Kirkwood Street. She noted that she had
observed that this fencing was in poor condition. Staff had contacted the fencing
company that the City has on contract on multiple occasions and they were supposed
to provide an estimate but had not yet done so.
Mayor Christiansen suggested that a new fencing company be found. Responding,
Mrs. Townshend stated her intention to look at other vendors on the State contract
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to get estimates both to replace the damaged sections and to replace the entire fence.
She noted that this could be done without bidding out the project. Mrs. Townshend
expressed the desire to replace the entire fence around the playground with something
a little more sturdy that would look very much the same.
In response to Mr. Anderson regarding what was needed, Mrs. Townshend stated that
staff needed a contractor to look at what is there and provide options and quotes.
Mayor Christiansen questioned if a better grade of fence that would not be conducive
to sitting or leaning on it should be used, perhaps with spikes or a rolled top.
Responding, Mrs. Townshend indicated that she was unsure if spikes along the top
were necessary. She stated that staff could look at the placement of benches to see
if more benches should be added. Mrs. Townshend indicated that the fence did not
look as though it had been vandalized but had received long-term wear.
The Committee recommended approval of Staff’s recommendation regarding lighting
and fencing at the Kirkwood and Division Street property.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Concerns - Availability of Soccer Fields
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that the Central Delaware Soccer Association (CDSA) started using
the fields at Schutte Park in 1989 or 1990 at the invitation and request of the City and
had used those fields since that time. She noted that the CDSA had grown and
merged into Delaware Union a couple of years ago. During the last couple of years,
there had been other programming on the fields at Schutte Park, including Delaware
Diamond Girls Lacrosse in the spring and the City’s field hockey program.
Mrs. Townshend explained that when the City’s Recreation Needs Assessment was
done, members of the Committee and the public expressed the need to improve in
providing affordable recreation to City residents, and soccer programming had been
requested. The cost of Delaware Union’s program had increased over time, with a
current registration fee of $70, as well as a minimum fundraising charge and a
requirement to pay for each participant’s uniform jersey.
Mrs. Townshend advised members that staff had been hearing that people wanted a
lower cost option for soccer. Mr. Steve Pickering, Sports Coordinator, advised her
that he had been speaking to the YMCA, who was interested in a partnership with the
City and that the City of Milford and City of Harrington had City recreation leagues
with a $40 registration fee. Working with the YMCA and Holy Cross School,
Mr. Pickering developed a soccer program for the City. In May 2015, staff let
Delaware Union know that the City was going to start its own soccer program and
would be using its fields at Schutte Park. Shortly after that, Mrs. Townshend met
with Mr. Dan Simmons, Dover Recreational Vice President, Delaware Union, and
it was determined that a portion of the Schutte Park fields would be available to
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Delaware Union in the fall, where both the City’s program and Delaware Union’s
program would be held. Mrs. Townshend stated that in November 2015, she was
asked to attend a meeting because of Delaware Union’s concern that they would not
have a place to play if they did not play at Schutte Park. She subsequently met a
number of times with Mr. Simmons in the hope that everyone would be able to use
the fields. Mrs. Townshend followed up with Mr. Pickering, who expressed concerns
about damaging the fields by trying to do too much in a small area.
Members were provided correspondence from Mrs. Townshend to the Committee
dated December 14, 2015, RE: Schutte Park Fields. She reviewed the concerns and
possible alternatives for accommodating both the Delaware Union and City of Dover
soccer programs. Mrs. Townshend explained that she had spoken to Mr. Simmons
the previous night but they were unable to meet earlier in the day and he had not yet
seen these proposals.
In response to Mr. Hosfelt, Mrs. Townshend stated that the unimproved area of
Schutte Park being discussed for Delaware Union’s use was a triangular-shaped piece
of property at the intersection of Hazlettville and Wyoming Mill Roads where the
power lines come into the property. She indicated that this area was cut off from the
rest of the park because of berming. Mrs. Townshend stated that there would be an
issue with parking, it was not a convenient walk from the rest of the park, and there
would be a need to provide some type of temporary access and allow parking on the
grass on a temporary basis.
Mr. Hosfelt noted that the grass would not be there for long if parking was allowed
on a temporary basis.
Mr. Hosfelt stated his understanding that everyone had been able to work together in
the fall and questioned if this was because the size of the league diminishes in the
fall. Responding, Mrs. Townshend explained that in the fall the southern field, near
the Little League Park, was used; however, the Delaware Diamonds Girls Lacrosse
program had reserved this area for the spring.
Mrs. Horsey commented that when her children went through CDSA their playing
fields were at William Henry Middle School. Mr. Caldwell suggested that the fields
at William Henry Middle School might be more beneficial to Delaware Union.
Responding to Mr. Hosfelt, Mr. Pickering confirmed that he had developed the City
of Dover’s soccer league during the fall of 2015 and stated that the fields had held
up well so far because both areas in the park had been used. He explained that if the
City ended up using only one (1) area, this would double the amount of use on each
side of the park, and the City’s league would be relegated to only half the fields that
they had before. Mr. Pickering stated that there were over 200 City participants the
very first year and expressed concern that fields would be taken away as the league
was growing. He also felt that there would be confusion among the parents, who
would be going to City staff with questions regarding both leagues, and staff would
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not have answers regarding the Delaware Union league. Mr. Pickering felt that this
would cause frustration for everyone, including the City’s clients. He advised
members that the City’s programs had a good reputation in the community and feared
this kind of confusion would hurt the City’s program.
Mr. Anderson questioned the impact of extending the times and having leagues run
in the morning and afternoon. Responding, Mr. Pickering stated that this would ease
the problem of participants’ centralizing. The City could use both field areas in the
morning, and Delaware Union could use them in the afternoon, utilizing the City’s
goals that would already be set up. Mr. Pickering stated that the City had also offered
Delaware Union use all day on Sunday. He noted that there would be a parking
issue. Staff would not be able to provide inside programming in the Pitts Center
itself because this would require parking for a third program.
Mr. Hutchison questioned if there was a problem with the fields before the City
created a new soccer program and if locations other than Schutte Park had been
looked at the for City’s program. Responding, Mr. Pickering stated that the City of
Dover had considered only Schutte Park since the City had no other fields that were
large enough for the league. He indicated that Mallard Pond was not large enough,
nor was Dover Park, which had only one (1) multi-purpose field.
Mr. Hutchison stated that there had been an effective soccer program for 25 years
through the City’s partnership or relationship with Delaware Union. Responding,
Mr. Pickering stated that the City did not have a partnership with Delaware Union but
rented fields to them. He advised members that the City now offered an alternative
program at a third of Delaware Union’s cost to its citizens. The City had reached out
successfully, in accordance with its mission, to bring in kids that would not have
played soccer if Delaware Union had been their only option because they would not
have been able to afford it; however, having both leagues there at the same time on
the same two (2) fields would make it overcrowded.
Mr. Hutchison reiterated his concern that the City had a relationship with a Delaware
soccer program with over 500 kids and that displacing them was now being discussed
so that the City could create a new program that had caused problems.
Mrs. Townshend requested that any criticism regarding the decision to start a league
be directed to herself, as Director of Parks and Recreation, rather than Mr. Pickering.
In response to Mr. Hutchison, Mr. Pickering reiterated that 200 kids participated in
the first offering, not including children from Holy Cross and the YMCA.
Mr. Cole informed members that both of his children played in the City’s soccer
league and were athletically not ready to move onto the level of the Delaware Union,
where his nephews play soccer. He stated that the City league was well run,
affordable, and there were many diverse people playing in it. Mr. Cole felt that there
must be give and take in any relationship and in negotiations. He felt that Options
1 and 2 included in the staff memorandum would not displace anyone in any way,
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since Delaware Union would have access all day Sunday or Saturday after 1:00 p.m.
He indicated that he had also personally been in contact with the Capital School
District to facilitate interaction at William Henry Middle School so that both
programs could be successful.
Mr. Dan Simmons, Dover Recreational Vice President, Delaware Union, stated that
Mrs. Townshend had been great to work with and commended her and the City for
allowing Delaware Union use of the fields this year, and for all of the support they
had received over the last 25 years. He explained that he had been in his role for a
year and was learning about the past. Mr. Simmons apologized if somebody's
feelings somewhere had been rubbed the wrong way or if things had been taken for
granted. He explained that their league was able to come to Schutte Park more than
20 years ago and run a program that many kids participated in, noting that the league
had also played at William Henry Middle School. Mr. Simmons indicated that he
was doing research to see if it was safe to play at William Henry and hoped to meet
with the school principal to do a walk through, noting that it may be feasible to use
the fields this spring.
Mr. Simmons stated that if their program was kicked out of Schutte Park, they would
do something, noting this would be expensive. He advised members that he had
heard several reasons for the City’s program, including cost and competition.
Mr. Simmons stated that if Delaware Union had to incur the expenses of another
field, then they would try to offset this, hopefully through sponsorships or raising
fees, which he felt would not help anyone. He felt that the history of the Delaware
Union program and the success that the program and their participants had
experienced boded very well for the City of Dover. He advised members that soccer
programs are rising programs, since the kids in Dover High School’s and Caesar
Rodney High School’s soccer program had come through CDSA.
Mr. Simmons explained that there was some contention about the Delaware
Union/CDSA merger and a feeling that Delaware Union was no longer a local
community. He stated that the purpose of the merger was strength in numbers and
the goal was to provide better service. Mr. Simmons stated that Delaware Union pays
referees and those of its coaches that are licensed, who go through national
certifications so that they can teach other coaches and help teach players. He noted
that they have Dr. Lew Atkinson on staff, who is with the national coaching team,
and they do everything they can to help educate players and parents.
Responding to Mr. Anderson regarding the staff recommendations, Mr. Simmons
indicated that Delaware Union had met with the Capital School District and was not
able to say if this was a bad or good alternative, stating his hope that he and
Mr. Toriano Giddens, Principal, William Henry Middle School, would be able to set
something up. He indicated that Delaware Union would be amenable to extending
their day at Schutte Park and would reschedule to make that arrangement work for
their families. Mr. Simmons was unsure how starting at noon or 1:00 p.m. and
playing games later in the day would benefit the families of these 400 plus kids, since
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families are involved in other community or extracurricular activities. He felt this
could potentially work if kids were allowed the opportunity to play in the morning
on one weekend and a different time on the following weekend.
Due to time constraints, Mayor Christiansen recommended tabling this issue until a
meeting could be held with Delaware Union.
Mr. Hosfelt agreed, provided that someone from the Committee would be involved
in that meeting.
Mr. Hosfelt moved to defer this matter until the Committee’s next meeting,
scheduled in January, seconded by Mr. Anderson.
Mr. Anderson felt that everyone would like to resolve this in time for registration in
January.
Mr. Simmons stated that he was flexible and Delaware Union was willing to do
whatever was needed, noting that the organization had worked very well with the
City throughout the last 25 years and wanted to do everything he could to continue
this relationship. He requested the date and time in January when a meeting would
be held.
The Committee deferred this matter until the Committee’s next meeting, scheduled
in January.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
By consent agenda, Mr. Lewis moved for acceptance of the Parks, Recreation, and Community
Enhancement Committee Report, seconded by Mr. Anderson and carried by a unanimous roll
call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
REPORT - DECEMBER 14, 2015
The Legislative, Finance, and Administration Committee met on December 14, 2015
with Chairman Hare presiding.
Pilot Take Home Vehicle and Carryover Program
Police Chief Paul Bernat advised members that staff was requesting authorization to
carry over five (5) marked police vehicles in order to give an enhanced perception of
police presence in the City. He explained that staff was currently conducting a pilot
program that allowed officers that live in City limits to take home older marked
police vehicles, and three (3) officers were currently participating in the program.
Chief Bernat stated that staff desired to strategically place the remaining two (2)
marked vehicles throughout the City, and a marked police vehicle had also been
placed on North State Street to help calm traffic speeds. In addition, he indicated that
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marked cars were also being placed in front of various stores with a large number of
incidences of shoplifting. Chief Bernat noted that three (3) older vehicles were sold
at auction, offsetting the amount of money needed to proceed with this request,
should it be approved by Council.
Responding to Mr. Hare, Chief Bernat stated that currently 13 members of the City
of Dover Police Department live in City limits. A few officers elected not to take
their work vehicles home, preferring to use their personal vehicles, and others already
had take-home vehicles.
Responding to Mr. Shevock, Chief Bernat confirmed that the Police Department was
authorized a certain number of vehicles in every budget and the request was to carry
over five (5) additional vehicles.
Responding to Mr. Hare, Chief Bernat stated that the cost would not exceed $10,000.
Staff recommended authorizing the carryover of five (5) marked police vehicles for
the Pilot Take Home Vehicle and Carryover Program.
The Committee recommended authorizing the carryover of five (5) marked police
vehicles.
During the Council meeting, Councilman Hare, Chair of the Legislative, Finance, and
Administration Committee, explained that the City has five (5) marked police cars that are slated to
be sold and noted that the value of the police cars is very minimal. Mr. Hare advised that Police
Chief Paul Bernat would like to make these vehicles available to officers who live in the City for
take-home use. Chief Bernat believes that the program will provide community security by having
marked patrol cars parked in the officer’s driveways or in front of their houses. Mr. Hare noted that
they would only be used for traveling back and forth to work.
Mr. Lewis asked how the program would save tax dollars. Responding, Chief Bernat stated that it
would provide extra coverage in the communities. He noted that two (2) officers are participating
in the take-home program and the remaining vehicles are being placed in high shoplifting areas and
areas with high incidences of nuisance speeding or stop sign violations.
Responding to Mr. Lewis, Chief Bernat stated that the vehicles were not being utilized for regular
police work. He also noted that the average value of the vehicles was approximately $5,800 each.
Mr. Lewis asked if it would behoove the City to sell them to bring in income. Chief Bernat indicated
that the vehicles would be worth more on the street giving the illusion of having a bigger police
force.
Responding to Mr. Lewis, Chief Bernat stated that the program would not increase the City’s
liability.
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Mr. Anderson moved to authorize the carryover of five (5) marked police vehicles for the Pilot
Take Home Vehicle and Carryover Program, as recommended by the Committee. The motion
was seconded by Mr. Lewis and unanimously carried.
Request for Extension - Banking and Cash Management Services Agreement
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the City awarded
a three (3) year contract for bank and cash management services to WSFS Bank in
August 2012 and the Finance Department missed the expiration of this contract on
August 2015; however, she noted that the contract stipulated that two (2) one (1) year
mutually agreed upon extensions could be exercised. Mrs. Mitchell requested
approval to extend the contract for one (1) year, stating that staff was in the process
of working on a Request for Proposal (RFP) for banking and cash management
services, with results to be presented to the Committee in July 2016.
Staff recommended authorizing the Controller/Treasurer to extend the WSFS Bank
and Cash Management Services agreement through August 2016.
The Committee recommended approval of Staff’s recommendation.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Request for Extension - ADP Time and Attendance, Payroll, and Human
Resources ERP System Contract
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the City’s current
contract with ADP would expire on July l, 2016 and, in light of the City’s efforts to
evaluate alternative Enterprise Resource Planning systems (ERP), staff requested
authorization to negotiate an extension of the current contract through January 1,
2018. Mrs. Mitchell explained, based on conversations with other municipalities and
consultants working on ERP projects, that a 24-month time frame was estimated
from the date of contract award to full implementation. She indicated that in order
to maintain the City’s current processes through the evaluations and possible
implementation of a new ERP system, staff believed the City should address this
matter with ADP now.
Mrs. Mitchell stated that after attending a Government Finance Officers Association
(GFOA) conference in June 2014, she learned that the City’s current system was a
legacy system that was being phased out. She informed members that web-based
programs were becoming more widely used, therefore, the City could find itself with
no longer having support for the current system in the near future. Mrs. Mitchell
noted that two (2) of the City’s current vendors that use the legacy systems had been
bought out by other companies, and it was uncertain if they would continue to use
those systems or move to the web-based programs. She explained she was requesting
this extension to allow the City to plan ahead and be proactive so that when and if
this change takes place, the City would be prepared internally with the Information
Technology (IT), training, and the financial aspects to make the change.
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Staff recommended authorizing the Controller/Treasurer to negotiate an extension
of the current contract with ADP through January 1, 2018.
Responding to Mr. Sudler, Mrs. Mitchell stated that the cost to change from the
current system to the web-based system was quoted at $1.9M and may vary
depending on the version that the City converts to, how much history must be
converted, etc. She indicated that it would be difficult to determine the cost before
the City’s needs are assessed. Mrs. Mitchell noted that a new system would be
expensive but stated her hope that, if this change was needed, it could be included
with the financing for other projects being discussed, such as the City's space needs
and other Capital Improvement Projects. In addition, she noted that the City was
currently paying approximately $320,000 per year for system maintenance costs and
the quote for the maintenance for the new system was $264,000 per year.
Mr. Koenig expressed his support of the extension, explaining that this would be a
major undertaking involving the complete financial system and affecting every part
of the organization. He felt that providing time to become more familiar and to
transition may allow time to find ways to offset the cost of making the change, noting
that the $1.9M was not currently in the City’s capital budget. Mr. Koenig noted that
the City was studying new space for its facilities and stated that some of the related
savings from staff and IT could possibly be used to offset the cost of this project. He
indicated that the $1.9M was the system cost, but the net cost to the budget was
undetermined at this time.
Mr. Shevock stated his concern regarding the possibility of the City having to pay for
the maintenance fees plus the new system. Responding, Mrs. Mitchell explained that
she was trying to time the change so that the maintenance on the old system would
end before the new system is implemented.
Responding to Mr. Hare regarding the timeframe for assistance to be provided to
Mrs. Mitchell on this matter from the City Manager’s Office and IT Department, Mr.
Koenig indicated that it was expected that IT staff would discuss this matter with
Mrs. Mitchell within the next 30 days so that the RFP could be issued.
The Committee recommended authorization to negotiate an extension of the current
contract with ADP until January 1, 2018.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Comprehensive Annual Financial Report (CAFR) for Fiscal year Ended
June 30, 2015
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the
Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
June 30, 2015 had been completed. She stated that one (1) matter of significance,
compared to the FY 2014 CAFR, was that the City was required to implement
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Government Accounting Standards Board (GASB) Statement No. 68 – Accounting
and Financial Reporting for Pensions, which required the City to record the unfunded
liabilities for the City’s two (2) defined benefit pension plans, as well as the City’s
prorated share of the State of Delaware - County and Municipal Firefighters and
Police Pension Plan (a defined benefit cost-sharing plan). Mrs. Mitchell explained
that this accounting change resulted in a negative Unrestricted Net Position for the
Governmental Funds of $27.9M. She stated that the prior period adjustment to
beginning balances of negative $22.1M for the General Fund and negative $14.2M
for the Utilities were necessary to meet the requirements of the standard, stating the
State of Delaware Plan was fully funded and did not increase the liability.
Responding to Mr. Hare regarding the carry over projects, Mr. Koenig explained that
many unforeseen events could delay or derail a project from being completed as
planned and require it to be carried over until the next budget year. Such events
could include weather delays, change orders, litigation, lack of response from
contractors, citizen complaints, or poor design. Mr. Koenig felt, however, that the
City had made substantial improvements over the last couple of years in these areas
and noted that staff continued to strive to improve even further.
The Committee recommended acceptance of the Comprehensive Annual Financial
Report (CAFR) as presented.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Mr. Hare moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Anderson and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
REPORT - JANUARY 11, 2016
The Legislative, Finance, and Administration Committee met on January 11, 2016
with Chairman Hare presiding.
Except for the following time sensitive issue, the Legislative, Finance, and
Administration Committee report from January 11, 2016 will be presented to Council
during their Regular Meeting of January 25, 2016 for Council’s review and
consideration.
City of Dover Proposal for Usage of Bank Settlement Funds for Public Safety
Police Chief Paul Bernat advised members that last month the Police Department
received $579,569 from bank settlement funds from the State Joint Finance
Committee. He indicated that the Police Department was requesting to spend
$105,569 of these funds to continue the Police Cadet Program until June 15, 2017,
noting that the program was currently slated to end on February 15, 2015.
Chief Bernat stated that $275,000 would be expended for overtime for uniformed
foot patrols for one (1) year, which would allow for 4,800 hours of extra foot patrols
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at an average overtime rate of $57.19, including Social Security, Medicare, and
Workers’ Compensation. He indicated that this would provide for two (2), two (2)
man units to walk for four (4) hours, five (5) days per week for 52 weeks, leaving an
extra 640 hours that could be used for officers to do community and special events.
Chief Bernat stated that $170,000 would be spent on 14 additional downtown
monitoring cameras and upgrades to enhance the camera monitoring system. He
advised that $25,000 would be spent on building trust in the community through
hosting community events such as basketball tournaments and movies at the Dover
Police Department, which may include funds for music and food, DJ’s, t-shirts, and
supporting the police in the community. Chief Bernat indicated that the Department
was able to secure an additional $4,000 to fix the basketball court lights at
South Kirkwood and Division Streets, which would be set on a timer so that they
would turn off, most likely at 10:00 p.m.
Staff recommended approval of the grant project as requested.
In regard to scheduling of the extra duty foot patrols, Mr. Shevock questioned if
officers’ schedules would overlap and if two (2) officers would work for five (5) days
and the other two (2) would cover the weekend and the next three (3) days.
Responding, Chief Bernat explained that the Department’s Accreditation/Crime
Analyst was currently using crime mapping to find hot spot locations and times,
noting that these times were changing on a weekly basis. He indicated that the
schedule may involve two (2) days in one (1) week and three (3) in another.
Responding to Mr. Sudler as to whether additional cadets would be obtained, Chief
Bernat stated that there were currently nine (9) cadets, three (3) at the Dover Public
Library that were being funded through the Library, and six (6) working throughout
the City that would be maintained through these grant funds. He indicated that these
funds would cover all cadet costs, except for the costs at the Library, noting that the
City had not paid a penny for the Library cadets which were funded through grants.
In response to Mr. Sudler regarding whether expanding the Cadet Program had been
considered, Chief Bernat indicated that the Department was happy with the existing
program; however, if there were extra funds available in the future, this would be
considered.
Mr. Sudler expressed his opinion that the cadets were doing a great job.
Mr. Anderson congratulated Chief Bernat and Mayor Christiansen on seizing the
initiative to make sure that some of the money that was stolen from the community
by ill-gotten banking practices was coming back to the community in a way that
would benefit it, and he expressed his thanks.
Mayor Christiansen informed members that Senator Brian Bushweller was also very
influential in helping Chief Bernat and him to put together a package that was
marketable to the Joint Finance Committee. Mayor Christiansen stated that the City
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had a Class A presentation when members of the Joint Finance Committee asked
what the City’s intentions and purposes were for the expenditure of these monies, and
the City of Wilmington chose not to even show up.
Chief Bernat mentioned that Attorney General Matt Denn played a large part in
requesting these funds for Dover and for Wilmington.
The Committee recommended approval of the grant project as requested.
Councilman Hare, the Chair of the Legislative Finance and Administration Committee, advised that
the Police Department received $579,569 from bank settlement funds from the State Joint Finance
Committee. He indicated that the Police Department was requesting to spend the funds as follows:
$105,569 to continue the Police Cadet Program until June 15, 2017; $275,000 for overtime for
uniformed foot patrols for one (1) year; $170,000 for 14 additional downtown monitoring cameras
and upgrades to enhance the camera monitoring system; $25,000 for hosting community events such
as basketball tournaments and movies at the Dover Police Department; and $4,000 to fix the
basketball court lights at South Kirkwood and Division Streets.
Mr. Neil asked if this money would be replacing money that is in the budget. Responding,
Chief Bernat stated that these items were not budgeted for and this one-time funding is providing
police coverage, camera coverage, and discretionary money to bring the community together.
Mr. Sudler moved for approval of the grant project, as recommended by the Committee. The
motion was seconded by Mr. Hare and carried by a unanimous roll call vote.
MONTHLY REPORTS - NOVEMBER 2015
By motion of Mr. Lewis, seconded by Mr. Anderson, 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
Economic Development Office Report
Police Chief’s Report
EVALUATION OF BIDS - DIRECTIONAL BORING CONTRACT
Mr. Scott Koenig, City Manager, advised that the Electric Department maintains blanket contracts
to support both capital projects, as well as maintenance operations when necessary. He noted that
this was a time and materials contract that was put out using the City’s Contract and Procurement
Manager. Mr. Koenig advised that three (3) bids were received and were run through a pricing
scenario that would be typical for this type of work.
Staff recommended awarding the blanket Directional Boring Contract to the lowest bidder with no
minimums, Joseph R. Smith Inc., for three (3) years with a City option to extend it an additional
two (2) years (five (5) years total) as per the pricing included in the bid submittal.
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Mr. Hosfelt moved for approval of Staff’s recommendation, seconded by Mr. Neil and carried
by a unanimous roll call vote.
EVALUATION OF BIDS - FIBER OPTIC SYSTEMS MAINTENANCE CONTRACT
Mr. Scott Koenig, City Manager, advised that the Fiber Optic Systems Maintenance Contract
supports both electric and public works operations related to the maintenance of the fiber optic
system, including splicing, terminating, and supplying and installing related equipment. He noted
that this is a time and materials contract. Mr. Koenig advised that only one (1) bid was received
from KCI Communications, which is the City’s current contractor.
Staff recommended awarding a three (3) year Fiber Optic Systems Maintenance Contract to
KCI Communications Infrastructure, as per the pricing included in the bid submittal.
Mr. Neil moved for approval of Staff’s recommendation, seconded by Mr. Anderson and
carried by a unanimous roll call vote.
EVALUATION OF BIDS - LANDSCAPING SERVICES CONTRACT
Mr. Scott Koenig, City Manager, advised that the Landscaping Services Contract supports the City’s
efforts to improve projects and clean up the private property when City work crews disturb yards or
landscaped areas. He noted that two (2) bids were received and run through the pricing scenario.
Mr. Koenig advised that the estimated amount of work will exceed $25,000 per year; however, it is
based on the number of projects and/or emergencies necessary to maintain or improve the system.
Staff recommended awarding the blanket Landscaping Services Contract to the lowest bidder with
no minimums, Joseph R. Smith Inc. for three (3) years with a City option to extend it an additional
two (2) years (five (5) years total) as per the pricing included in the bid submittal.
Mr. Hare asked Mr. Koenig how much work above $25,000 per year he expected and if there was
a point that he would not exceed. Responding, Mr. Koenig stated that the contract was for time and
materials and the amount would be based on the number of jobs that are necessary to repair. He
noted that it could be ten (10) jobs one year and 30 jobs the next year and the amount of money
associated with the repair should never exceed the amount of the total budget for either capital or
maintenance projects.
Mr. Koenig explained that if the work involves dropping overhead lines underground in a
subdivision, there are various time and material contracts associated with that job such as boring,
connection of lines, and yard repairs. He noted that the total project may be $100,000 with $50,000
worth of boring and $10,000 worth of yard repairs. Mr. Koenig advised that the purpose of this
request was for Council to authorize this vendor for that type of work with the notification that more
than $25,000 is likely to be spent per year on this type of work.
Responding to Mr. Hare, Mr. Koenig stated that the spending is capped by the budget. Mr. Neil
stated that he concurred with Mr. Hare’s concerns. Mr. Koenig stated that it could be limited to
$100,000 to alleviate Council’s concerns.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 82
Mr. Hare asked if it would be beneficial to table this item until the next meeting to have Mr. Koenig
present the figures with a maximum amount. Responding, Mr. Koenig stated that this is a routine
contract and Staff’s recommendation would not change.
Mr. Anderson clarified that the projects are approved for a budgeted amount which includes
landscaping and this contract is to find the lowest bidder to perform the work that has already been
approved. He stated that the notice is to let Council know that it is coming under certain bidding
rules and the cumulative work is going to exceed $25,000. Mr. Koenig agreed with Mr. Anderson’s
clarification and noted that there are a number of projects and/or system upgrades outlined in the
budget document and each of those projects is broken down into various work components. He
stated that these blanket contracts support those various work components and they may do $23,000
worth of landscaping in FY16 and $45,000 worth in FY17. In FY18, it could be $80,000, depending
on what is required to finish the projects. Mr. Koenig stated that he could only estimate based on
spending for past projects and he was only authorized to administratively amend project budgets up
to certain amounts without Council approval.
Mr. Hosfelt moved for approval of Staff’s recommendation to award the blanket Landscaping
Services Contract to the lowest bidder with no minimums, Joseph R. Smith Inc. for three (3)
years with a City option to extend it an additional two (2) years (five (5) years total) as per the
pricing included in the bid submittal. The motion was seconded by Mr. Anderson and carried
by a unanimous roll call vote.
EVALUATION OF BIDS - RETREAT PUMP STATION REPLACEMENT
Mr. Koenig, City Manager, advised that Staff was proposing to replace the waste water pumping
station in the Retreat Subdivision located on Pine Valley Road, east of Medina Court. He noted that
it was installed in 1980 and has performed past its estimated service life. Mr. Koenig stated that the
replacement will improve the system by expanding the flow capacity, structural integrity, and the
pump efficiencies at the station.
Mr. Koenig advised that this project was originally bid in October of 2015 and one (1) bid from
Brandywine Construction Company was received for approximately $450,000, which was roughly
$100,000 over budget, including paving of the driveway into the station. The bid was rejected and
a second rounds for bids were opened on December 17, 2015, again resulting in one (1) bid from
Brandywine Construction Company, at roughly $90,000 over budget.
Mr. Koenig stated that Staff was proposing to move forward with a base bid of $440,000, plus the
alternative paving option, for a total cost of $447,500. He noted that the bid received from
Brandywine Construction met all of the specifications and requirements, as well as qualifications
for the project. Mr. Koenig advised that Staff was requesting to move money from the Inflow and
Infiltration (I&I) project to balance the Retreat pump station project budget, and proceed with
construction. He noted that the pump station replacement is currently a higher priority than the
pending I&I projects.
Staff recommended awarding the contract to Brandywine Construction Company, Inc. for the City
of Dover Retreat Pump Station Replacement Project, Bid #16-0022PW, for the amount of $447,500.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 83
Responding to Mr. Anderson, Mr. Koenig stated that the only impact to the I&I project will be the
amount of money that will not be dedicated to underground pipe replacement. He noted that
diverting money from the I&I project would not violate any permits. Mr. Koenig stated that it would
also create additional flow from the City to Kent County and there would be a cost associated with
the treatment in Kent County. He noted that those costs would be recovered under the I&I
component of the City’s monthly bill.
Responding to Mr. Anderson regarding the original estimates, Mr. Koenig stated that he did not
know what was driving the budget on this project; however, the fact that it was bid twice with only
one (1) bidder each time tells him that the activity level for this type of work is fairly robust.
Mr. Neil moved for approval of Staff’s recommendation to award the contract to Brandywine
Construction Company, Inc. for the City of Dover Retreat Pump Station Replacement Project,
Bid #16-0022PW, for the amount of $447,500. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
EVALUATION OF BIDS - UNDERGROUND LINE WORK
Mr. Scott Koenig, City Manager, advised that this time and materials contract was for underground
line work, both in emergency situations and as required. He noted that four (4) bids were received
and all the bids were complete as submitted. Mr. Koenig stated that the bids were run through a
labor pricing scenario and Joseph R. Smith was the lowest cost provider based on the pricing
scenario.
Staff recommended awarding the blanket Underground Line Work Services Contract to the lowest
bidder with no minimums, Joseph R. Smith Inc. for three (3) years with a City option to extend it
an additional two (2) years (five (5) years total) as per the pricing included in the bid submittal.
Mr. Neil moved for approval of Staff’s recommendation, seconded by Mr. Cole and carried
by a unanimous roll call vote.
RATIFICATION OF ACTION - EARLY CLOSING ON DECEMBER 24, 2015
Mr. Scott Koenig, City Manager, stated that Staff had anticipated that Council would consider an
early closing for December 24, 2015 during their first meeting of December. He noted that, due to
circumstances surrounding that meeting, the early closing was not considered. Mr. Koenig advised
that he, as the Chief Administrative Officer with control over the regular City buildings, discussed
the possibility of an early closing with Mayor Christiansen, as the Chief Executive Officer with
control over the police department and economic development office.
Mr. Koenig stated that, based on the State of Delaware issuing a full holiday and the Federal
government closing for half a day on December 24, 2015, he and Mayor Christiansen recommended
closing City offices at noon on Christmas Eve. In order to avoid setting a precedent regarding a
holiday on December 24th, it was termed “an early closing.”
Mr. Koenig requested ratification, for the record, of the early closing of City offices on
December 24, 2015.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 84
Council President Slavin clarified that the State holiday was not planned in advance.
Mr. Neil moved to ratify the early closing of City offices on December 24, 2015, seconded by
Mr. Anderson.
Mr. Anderson expressed concern with the potential for holiday creep, noting that time off should be
negotiated in the contracts.
Mr. Sudler asked if the early closing would have any bearing on labor agreement negotiations and
if it would be an issue with non-bargaining employees. Responding, Mr. Koenig stated that they
specifically called it an early closing instead of a holiday because they did not want to get into the
contractual issues associated with the discussion of holidays or non-holidays.
The motion to ratify the early closing of City offices on December 24, 2015 was carried with
Mr. Anderson voting no.
AUTHORIZATION TO CREATE BUSINESS RETENTION RATE SCHEDULE
Mr. Koenig reminded members of their discussions regarding the potential creation of a business
retention/economic development rate. He noted that this rate was developed by the City’s rate
consultant at Burns & McDonnell over several months.
Mr. Koenig stated that the purpose of the rate schedule is to allow qualified customers to receive a
reduced electric rate for a limited two (2) year period when serious threats to business are apparent
and opportunities to maintain employment, and potentially increase employment, can be
demonstrated by the entity requesting the rate. He noted that this is a very tailored business retention
rate in that the customer must have a load of at least five (5) megawatts, and only 10 megawatts in
the entire system can qualify for this rate at one time. Mr. Koenig advised that the rate would be for
a single 2-year term and the estimated economic value of the incentive would be between $700,000
and $800,000 over a 2-year period, depending upon the actual electrical consumption.
Mr. Koenig advised that the second page of the Business Retention Rate Schedule (BR) had been
revised by striking “electric department” and inserting “City Manager”.
Staff recommended authorization to create the Business Retention Rate Schedule (BR), as presented.
Mr. Hare moved for approval of Staff’s recommendation, seconded by Mr. Hutchison and
carried by a unanimous roll call vote.
APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC)
DIRECTOR AND ALTERNATE DIRECTOR (SCOTT D. KOENIG AND DONNA S.
MITCHELL)
By consent agenda, Mr. Lewis moved to appoint Mr. Scott Koenig and Mrs. Donna S. Mitchell
to serve as Delaware Municipal Electric Corporation (DEMEC) Director and Alternate
Director, respectively. The motion was seconded by Mr. Anderson and carried by a
unanimous roll call vote.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 85
APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - DOVER
HUMAN RELATIONS COMMISSION - WANDA JEAN MULLEN - THIRD DISTRICT
REPRESENTATIVE (TO FILL THE UNEXPIRED TERM OF COURTNEY STEWART -
TERM TO EXPIRE FEBRUARY 2017)
Council President Slavin recommended the appointment of Ms. Wanda Jean Mullen to serve as the
Third District representative on the Dover Human Relations Commission, to fill the unexpired term
of Courtney Stewart, with a term to expire February 2017.
By consent agenda, Mr. Lewis moved for approval of the appointment of Ms. Mullen as
recommended by Council President Slavin. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - PUBLIC ADVISORY
COMMITTEE OF THE DOVER-KENT COUNTY METROPOLITAN PLANNING
ORGANIZATION (MPO) - JOHN S. GRADY (TO FILL THE EXPIRED TERM OF
JAMES P. WEBSTER - TERM TO EXPIRE JULY 2017)
Mayor Christiansen requested the appointment of John S. Grady to the Public Advisory Committee
of the Dover-Kent County Metropolitan Planning Organization (MPO), to fill the expired term of
James P. Webster, with a term to expire July 2017.
By consent agenda, Mr. Lewis moved for approval of the appointment of John S. Grady to the
Public Advisory Committee of the Dover-Kent County Metropolitan Planning Organization
(MPO) for a term to expire July 2017, as recommended by Mayor Christiansen. The motion
was seconded by Mr. Anderson and carried by a unanimous roll call vote.
COUNCIL MEMBERS’ ANNOUNCEMENTS
Council President Slavin congratulated Ms. Wanda Jean Mullen on her appointment as a Third
District Representative to the Dover Human Relations Commission and thanked her for accepting
that position. He also thanked, and requested the City Manager to extend his thanks, to the electric
crew workers who had to deal with a very large electric outage the previous night. Mr. Slavin noted
that the outage lasted almost 12 hours, beginning at 6:30 p.m. and ending at 6:30 a.m. On behalf of
his constituents, Mr. Slavin expressed appreciation for their impressive dedication.
Mr. Anderson thanked the Dover Police Department for putting an end to the one-man property
crime spree with their very quick response. He also reminded members to save the date, Saturday,
February 4, 2016, for the annual chili cook-off to benefit a local charity or two (2), including
Veterans Outreach.
Mr. Sudler reminded everyone of the Martin Luther King prayer breakfast that the Alpha Phi
Fraternity, Inc. would be hosting at the Modern Maturity Center at 7:00 a.m. on January 18, 2016.
Mr. Hare moved for adjournment, seconded by Mr. Cole and unanimously carried.
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CITY COUNCIL MEETING OF JANUARY 11, 2016 PAGE 86
Meeting adjourned at 9:22 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 11, 2016, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2016\01-11-2016.wpd
Page 99
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 1-19-2016
PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development
SUBJECT: 53 S New St, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE : Chapter 22, Article XI – Dangerous Buildings, Sec. 22-388 – Emergency Cases Case # 16-77
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $20,000 – $25,000
AMOUNT BUDGETED: $150.000.00 Budgeted for all demolitions Citywide in the FY-2015 Budget; As of January
19, 2016, there is $39,426.89 remaining in the line item.
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare this building and all accessory structures on this property dangerous.
2. Order the property demolished or repaired by February 10, 2016 by the owner or equity owner at their own risk.
3. Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10
days of the date established by City Council.
4. Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
BACKGROUND AND ANALYSIS
The property is owned by Sieken Investments LLC. The property is a two-story wood-framed single family home. On the
night of January 14, 2016, the dwelling caught fire causing extreme damage to the structure. The structure was
condemned by the City Fire Marshal’s Office as unfit for human occupancy and ordered boarded. Currently the structure
sits vacant, with no utilities and boarded. The building was found to be unsecured due to a board being removed on
Tuesday, January 19, 2016, and City staff subsequently rescured the building. The building is located in a neighborhood
of small lots and is located close to the building next to it. The fire on the subject building caused damage to the siding of
the neighboring structure. Based on the current condition of the subject structure and its proximity to the adjacent
structure “…it reasonably appears that there is an immediate danger to the life or safety of any person, unless a
dangerous building is immediately repaired, vacated and closed, or demolished…” (Del Code, Chapter 22, §22-
388). Therefore, staff is bringing this building forward under the Emergency Cases provision of the Dangerous
Building Ordinance.
Page 100
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee meeting was held on
January 11, 2016, at 3:30 p.m. with Chairman Anderson presiding. Members present were
Mr. Hosfelt, Mr. Caldwell, and Mrs. Horsey (arrived at 3:35 p.m.). Mr. Lewis was absent. Members
of Council present were Mr. Cole (arrived at 3:35 p.m.) and Mr. Hutchison. Mayor Christiansen was
also present (departed at 3:34 p.m.).
AGENDA ADDITIONS/DELETIONS
By unanimous consent, the agenda was amended to consider Item #2, Proposed Recreation
Center - Dover Park, prior to Item #1, Availability of Soccer Fields.
Proposed Recreation Center - Dover Park
Mayor Christiansen advised members that, for the last year or so, constituents and some civic
associations on the east side of the City had expressed the need for a recreation facility since the
facility at Dover Park had been torn down. He stated that, with the renewed emphasis on community
policing and outreach by the Dover Police Department and the suggestion of possible funding for
the construction of such a facility by Attorney General Matt Denn, he felt the time was right to
consider looking at constructing a facility at Dover Park similar to the current facility at Schutte
Park. Mayor Christiansen expressed his view that such a facility would offer a venue to begin
renewing the Police Athletic League (PAL) program that had been very successful in the Dover
community. In addition, he suggested that the Martin Luther King Jr. Educational Community
Center, headed by Dr. Gus Walker, could also be located at this facility, which would allow this
organization to fulfill its mission of mentoring and tutoring at-risk students and youth.
Mayor Christiansen felt that the facility could also be a home for another successful program that
had been fostered by former Mayor, Council President, and Councilwoman Beverly Williams.
Mayor Christiansen requested that members recommend to Council that monies currently set aside
for a possible splash park at Dover Park be expended for the construction of a new multi-purpose,
year-round recreation center at this location, noting that a splash park would be used for only a
few months during the year. He advised members that he intended to make an application to
Attorney General Denn for at least $1M from bank settlement funds that the Attorney General had
available and would like the Committee’s blessing.
Mrs. Beverly Williams, former City Councilwoman and current Executive Director of Aid in
Dover, Inc., 20 Gleneagles Court, introduced her colleague, Mr. Mark Harmon, 731 West Division
Street. She informed members that in late 2013, the Criminal Justice Council (CJC) awarded
Aid in Dover, Inc. a one (1) year Title 5 grant, which led Aid in Dover, Inc. to ask their federally
funded program to allow them to continue their Hot Shots basketball program, which served 450
kids, the majority of whom were boys, and brought 570 referrals. Mrs. Williams explained that they
partnered with local leagues, churches, schools, and volunteers. She stated that Mr. Harmon started
each session with a presentation to the kids about a life skill, such as appropriate behaviors and
reactions to conflict, competition, failure, or success, which was followed by basketball drills
conducted by volunteer coaches that reinforced the presentation. Kids then went into open
competition. Mrs. Williams indicated that this was the most successful program ever run by Aid in
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF JANUARY 11, 2016 PAGE 2
Dover, Inc. She stated that she attempted to sustain the program, went into partnership with the City
of Dover and rented the Schutte Park gym, and funding was found through the MetLife Foundation.
Mrs. Williams advised that the MetLife Foundation requires enormous collaborations with
partnerships, so she went to the Mayor and Chief of Police to garnish their application with City of
Dover and Police Department involvement. She indicated that she had already talked to
Mr. Christian Kervick, Director, CJC, about the institution of a PAL program. Mrs. Williams stated
that their program was very successful and brought out kids, parents, and guardians, noting that many
of these parents were single moms and some were single dads. She indicated that Aid in Dover, Inc.
learned that the old programs they were used to running were not what kids wanted, and the blend
of skills and recreation proved to be very successful.
Noting that a lot of kids in the area had gotten involved in violence, Mr. Harmon stated that the Aid
in Dover, Inc. program included kids from different gangs, and there was no trouble since they were
able to diffuse things very quickly and these kids were able to play together. There was less violence
and participation in negative activities among 12-to-18-year-olds than had been seen in the past.
Mr. Harmon indicated that the youth responded very well and he felt it would be great to continue
to provide a place where they can remain safe in an instructive environment.
Mrs. Williams explained that the CJC requires providers to demonstrate impact and meet
performance objectives. She noted that through the course of this program 94% of the children had
increased knowledge of teamwork, cooperation, collaboration and confidence, and appropriate
responses to anger, frustration, disappointment and success.
Mr. Anderson stated his belief that a PAL facility was needed, noting that he was never happy about
the neglect of the building at Dover Park but felt that maybe something better could come out of it.
He questioned how much funding had been set aside for a recreation building at Dover Park.
Responding, Mrs. Ann Marie Townshend, Director of Planning and Community Development,
indicated that the funding set aside was not specific to a building but was for something at Dover
Park. The intent was to start with a park master plan to lay out all of the improvements that came
from the City’s Recreation Needs Assessment. Mrs. Townshend stated that $180,000 was designated
for the Dover Park but was unable to recall the amount for the splash pad.
Mr. Anderson stated his recollection that the total funding was approximately $300,000.
Mrs. Townshend advised members that Mrs. Donna Mitchell, Controller/Treasurer, had made her
aware in the past that the capital plan exceeds what is available in the Parkland Reserve Fund, so
while things may be in the capital plan, it would not necessarily mean that the money was there and
available.
Mr. Anderson indicated that, even with the grant, less than $1.5M would be available and questioned
what type of footprint was being discussed for the facility. Responding, Mrs. Williams indicated that
her only knowledge was the Mayor’s comment about the funding from the Attorney General. The
funds she had mentioned from MetLife were operational money and not for construction.
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF JANUARY 11, 2016 PAGE 3
Mr. Anderson noted that once a building was obtained, operation would be one (1) of the big costs.
Mrs. Williams stated that she was looking at MetLife funds because she felt that the last thing the
City needed was another expenditure. She stated the need to get this underwritten through corporate
or donor funds.
Responding to Mr. Anderson regarding the footprint that was being discussed, Mrs. Williams stated
her thought that it would be identical to Schutte Park. She indicated that when Aid in Dover, Inc.
ran their program at Schutte Park both gyms were needed due to the heavy response.
Mr. Hutchison asked if staff had been able to assess what the real needs would be if recreation were
expanded and if this could be accomplished with the current workforce. Responding,
Mrs. Townshend stated that this could definitely not be done with the current force, explaining that
when Schutte Park was built, it was staffed with two (2) full-time staff and some part-time staff. She
stated that the Parks Department currently had a full-time staff of five (5), noting that there were
previously six (6) when the Department was under the direction of Mr. Zach Carter.
Mrs. Townshend explained that several staff members perform duties out of the office, for instance,
while running an after-school program or managing the sports program. There were challenges
when Schutte Park opened in 2008 because there were two (2) staff members based at Schutte Park
and three (3) at Dover Park, which led to occasions when there was only (1) person at a facility,
creating a safety concern. Staff at Dover Park had kept the door locked at times when one (1) person
was there alone. Mrs. Townshend indicated that facilities cannot be staffed with part-time staff or
volunteers because there is a safety issue. Although there might be enough people to get the work
done, there would not be enough to make sure the facilities are staffed at an appropriate level.
Mr. Hutchison questioned whether staff had a good understanding of what the churches, YMCA,
Kent County Levy Court, etc., were providing that would tie into the City’s programs. Responding,
Mrs. Townshend stated that staff did have a good understanding of the other programs; however, the
effect that the Kent County Recreation Center being built would have on indoor space demands was
unknown. She noted that this very large facility would open within 12 months and she was unsure
how this would play into supply and demand.
Mr. Hosfelt asked if part of the increased manpower approved for the Police Department was to
support bringing the PAL initiative back. He inquired if the position in the Police Department would
be a full-time position and if this person would be available to help support the building if
constructed. Responding, Deputy Police Chief Marvin Mailey stated that the Police Department
planned to assign a part-time Special Unit officer to this for 2016, noting that this position was
advertised today. He indicated that the long-term plan was to make it a full-time position.
Mrs. Williams advised members that the Hot Shots program was not for those kids who were going
to the Boys and Girls Club, the YMCA, or official, established recreation programs. She stated that
Aid in Dover, Inc., with forethought and intent, sought kids who were at extreme risk, which was
a large number of the kids that were served. These children were not attending regular programs
since those programs had fees attached, which these children could not afford.
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF JANUARY 11, 2016 PAGE 4
Mrs. Horsey stated that anything that could be done to get Dover Park up and running again would
be a good thing, noting that the new Kent County Recreation Center being constructed on New
Burton Road was on the west side of town. She expressed the need to keep a focus on the east side.
Mrs. Williams stated that the programs that were partnering with Kent County were originally for
at-risk kids but evolved into something else. She indicated that there was definitely a need for
programs for at-risk kids, stating her view that money would be spent either on recreation programs
or in law enforcement or jail sentences.
Mr. Anderson stated that the Committee had been holding up on strategic planning while waiting
for information on this matter and indicated the need for a decision.
Mr. Hosfelt expressed his feeling that members all liked what they were hearing, but he did not know
if there was anything to endorse or move on to Council. He expressed his support for what had been
discussed.
Mr. Anderson felt that basic information regarding the footprint options and costs were needed. He
stated that a place to start would be to have staff investigate this and bring back a broad cost
estimate.
Mr. Hosfelt stated he would be willing to endorse this, but felt that more must be heard from
Mayor Christiansen and Attorney General Denn to know if money would be committed.
Mrs. Townshend asked, if this matter were to be referred to staff, that it be clear which staff it is
referred to, noting that to date she and the City Manager had not been involved at all. She was
unsure whether the Parks Department staff should develop estimates for something when they were
not part of the discussion.
Mr. Hosfelt suggested that the matter be referred back to the Mayor for more information, noting that
this would give him the opportunity to speak with staff, and when the Mayor had more of a viable
plan it could be brought back for consideration.
Mr. Anderson moved to refer this matter to the Mayor and staff to collaborate to form a more
concrete proposal with cost estimates by the Committee’s March meeting.
In response to Mr. Caldwell, Mr. Anderson clarified that the staff he was referring to was the Parks
and Recreation Department and the City Manager’s designee.
Mr. Hosfelt stated that he could not second the motion because he felt there was no way to come up
with a concept and estimates by March. He indicated that he would like to hear more from the
Mayor. Mr. Hosfelt felt that it would be unfair to refer the matter to staff without anything concrete
to support the proposal and with staff not having been contacted or involved in the conversations to
this point.
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF JANUARY 11, 2016 PAGE 5
Mr. Anderson noted that this was not a hidden issue but had been part of a conversation for four (4)
months and had been delayed on the Committee agenda.
Mr. Hosfelt recalled a conversation about a splash pad, indicating that this was the first he had heard
of PAL going into a new building at Dover Park. He expressed his opinion that there was a lot more
to this than making a motion to put it back on staff at this time.
The motion to refer this matter to the Mayor and staff to collaborate to form a more concrete
proposal with cost estimates by the Committee’s March meeting failed for lack of a second.
Mr. Hosfelt moved to refer the proposal back to the Mayor for more information, seconded
by Mrs. Horsey and carried by a vote of three (3) yes (Hosfelt, Caldwell, and Horsey), one (1)
no (Anderson), and one (1) absent (Lewis).
Availability of Soccer Fields
During the Parks, Recreation, and Community Enhancement Committee meeting of
December 14, 2015, members considered the availability of soccer fields and deferred this item until
the Committee’s next meeting, scheduled in January.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that she had
sent emails to Delaware Union and had received a response this morning indicating that they wanted
to have a follow-up meeting. She advised members that she did inform Delaware Union that this
item was on the Committee’s agenda for consideration today for an update.
Responding to Mr. Hosfelt, Mrs. Townshend advised members that registration for the City’s soccer
program would be sent out at the end of January and Delaware Union had advised that they
usually begin registration at the beginning of January; however, they indicated during the
December 14, 2015 meeting that they would wait on what the City came up with.
Mr. Hosfelt offered to help in any way possible. Mrs. Townshend noted that the last Committee
meeting was held on December 14, 2015 and schools were closed for the holidays the following
week. She stated that Mr. Dan Simmons, Dover Recreational Vice President, Delaware Union, had
indicated that he would be meeting with Mr. Toriano Giddens, Principal, William Henry Middle
School, and she suspected that he was not able to do this before the holidays, which might have
caused the delay.
Ms. Judy Shade, Membership Director at the Dover YMCA, advised members that the YMCA had
collaborated with the City of Dover on other ventures, but this had been their first undertaking to join
their fall soccer program with the City of Dover because they were able to use Schutte Park and the
City’s field. Ms. Shade indicated that it had been an incredible season that allowed Holy Cross
School parents and families, Dover YMCA families, and City of Dover residents to come together.
There were 87 children from the Dover YMCA who participated, and she estimated that 85% - 90%
were City residents. Ms. Shade stated that some participants had not been on Schutte Park fields
previously and were thrilled, impressed, and had a great time, and she hoped this collaboration would
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continue for the spring. Ms. Shade stated her understanding that many people look at the YMCA
as a membership organization; however, she informed members that the YMCA is a not-for-profit
organization that offers $300,000 per year in scholarship funds to families in need. She indicated
that it was a great partnership and would hate to see it dissolve.
In response to Mr. Hosfelt as to whether a decision was needed today, Mrs. Townshend stated that,
absent any motion, staff would move forward, but she was unsure what Delaware Union’s plans
were. She stated her concern that moving forward without a decision would create more chaos.
Mrs. Townshend indicated that this matter could be pushed to next month, keeping in mind that
when the Committee makes a recommendation it is not final until the next Council meeting, so this
would cause a delay until the end of February for something that typically starts in March.
Alternatively, she stated that if it was known that Delaware Union would be there and have an
answer, perhaps a special meeting could be added to the January 26, 2016 Council Committee of the
Whole agenda.
Mr. Anderson stated that this matter would now come under staff’s discretion and that staff had the
authority to negotiate and make a decision, and Mrs. Townshend concurred. Mr. Anderson indicated
that this item was placed on the agenda because Delaware Union had a concern and wanted the
matter discussed and that had been accomplished. He noted that it was rushed because the City was
told that a decision must be made by the beginning of January; however, if there was no input from
Delaware Union, he suggested that nothing needed to be done, other than to ask staff to do their best.
Mr. Hosfelt stated that he concurred with Mr. Anderson’s comments.
Lighting and Security at the Hamlet Park
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that meetings had been held with Mr. Anderson, Mr. Sudler, the Mayor, and residents of the Hamlet,
who expressed concern about the shopping center and the increase in criminal activity in
their neighborhood, particularly related to Hamlet Park. She stated that she and
Lieutenant Christopher Hermance from the Police Department had recently visited the park.
Mrs. Townshend indicated that people were using the park for activities that were not desired there
and there was discussion about using lighting to discourage poor behavior. She advised members
that Hamlet Park fronts on the road but is very deep, and people are doing things that are hidden by
the playground, which is toward the front. She noted that lighting the area would make it harder to
hide. Mrs. Townshend explained that if lighting were installed, it would be around the playground
area, which would be a minor capital project that would have to be included for the next fiscal year.
Citizen Suggestions
Downtown American Flag Project, June Myers
Mr. Anderson stated that Ms. June Myers was very excited about a mission to encourage a more
patriotic display downtown and flying more flags on Loockerman Street, particularly during the
patriotic holiday season from Memorial Day through Independence Day. Mr. Anderson stated that
he was unsure if there were associated regulatory issues.
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Mr. Hosfelt moved for adjournment, seconded by Mr. Caldwell and unanimously carried.
Meeting adjourned at 4:11 p.m.
David L. Anderson
Chairman
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LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on January 11, 2016, at
6:00 p.m. with Chairman Hare presiding. Members present were Mr. Cole, Mr. Sudler, and
Mr. Shevock. Ms. Maucher was absent. Members of Council present were Mr. Anderson,
Mr. Hosfelt, Mr. Hutchison, and Mr. Slavin. Mayor Christiansen was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Shevock moved for approval of the agenda, seconded by Mr. Sudler and unanimously
carried.
City of Dover Proposal for Usage of Bank Settlement Funds for Public Safety
Police Chief Paul Bernat advised members that last month the Police Department received $579,569
from bank settlement funds from the State Joint Finance Committee. He indicated that the Police
Department was requesting to spend $105,569 of these funds to continue the Police Cadet Program
until June 15, 2017, noting that the program was currently slated to end on February 15, 2015.
Chief Bernat stated that $275,000 would be expended for overtime for uniformed foot patrols for
one (1) year, which would allow for 4,800 hours of extra foot patrols at an average overtime rate of
$57.19, including Social Security, Medicare, and Workers’ Compensation. He indicated that this
would provide for two (2), two (2) man units to walk for four (4) hours, five (5) days per week for
52 weeks, leaving an extra 640 hours that could be used for officers to do community and special
events. Chief Bernat stated that $170,000 would be spent on 14 additional downtown monitoring
cameras and upgrades to enhance the camera monitoring system. He advised that $25,000 would
be spent on building trust in the community through hosting community events such as basketball
tournaments and movies at the Dover Police Department, which may include funds for music and
food, DJ’s, t-shirts, and supporting the police in the community. Chief Bernat indicated that
the Department was able to secure an additional $4,000 to fix the basketball court lights at
South Kirkwood and Division Streets, which would be set on a timer so that they would turn off,
most likely at 10:00 p.m.
Staff recommended approval of the grant project as requested.
In regard to scheduling of the extra duty foot patrols, Mr. Shevock questioned if officers’ schedules
would overlap and if two (2) officers would work for five (5) days and the other two (2) would cover
the weekend and the next three (3) days. Responding, Chief Bernat explained that the Department’s
Accreditation/Crime Analyst was currently using crime mapping to find hot spot locations and times,
noting that these times were changing on a weekly basis. He indicated that the schedule may involve
two (2) days in one (1) week and three (3) in another.
Responding to Mr. Sudler as to whether additional cadets would be obtained, Chief Bernat stated
that there were currently nine (9) cadets, three (3) at the Dover Public Library that were being funded
through the Library, and six (6) working throughout the City that would be maintained through these
grant funds. He indicated that these funds would cover all cadet costs, except for the costs at the
Library, noting that the City had not paid a penny for the Library cadets which were funded through
grants.
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In response to Mr. Sudler regarding whether expanding the Cadet Program had been considered,
Chief Bernat indicated that the Department was happy with the existing program; however, if there
were extra funds available in the future, this would be considered.
Mr. Sudler expressed his opinion that the cadets were doing a great job.
Mr. Anderson congratulated Chief Bernat and Mayor Christiansen on seizing the initiative to make
sure that some of the money that was stolen from the community by ill-gotten banking practices was
coming back to the community in a way that would benefit it, and he expressed his thanks.
Mayor Christiansen informed members that Senator Brian Bushweller was also very influential in
helping Chief Bernat and him to put together a package that was marketable to the Joint Finance
Committee. Mayor Christiansen stated that the City had a Class A presentation when members of
the Joint Finance Committee asked what the City’s intentions and purposes were for the expenditure
of these monies, and the City of Wilmington chose not to even show up.
Chief Bernat mentioned that Attorney General Matt Denn played a large part in requesting these
funds for Dover and for Wilmington.
Mr. Sudler moved to recommend approval of the grant project as requested, seconded by
Mr. Cole and unanimously carried. (Due to time constraints, this matter has been placed on the
Council agenda for the meeting being held later in the evening.)
Proposed Ordinance #2016-01 Amending Appendix B - Zoning, Article 3 - District
Regulations, Section 1 - One-Family Residence Zones [(R-20, R-15, R-10, R-8 and R-7)],
Subsection 1.1 - Uses Permitted, Subsection 1.15 - Accessory Uses, Limited to the Following:,
Paragraph (d) - Keeping Domestic Animals
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that there had been complaints from constituents about chickens in residential neighborhoods and
the associated odors and nuisance that they create for neighboring properties. She was requested by
members of Council to draft an ordinance that would restrict the keeping of chickens in residential
zones. Mrs. Townshend indicated that the ordinance would allow approximately one (1) year, until
March 2017, to come into compliance. She advised members that the proposed ordinance would
amend the Zoning Ordinance; therefore, it would be referred to the Planning Commission, which
would make a recommendation to City Council following a public hearing.
In response to Mr. Sudler, Mrs. Townshend indicated that the complaints had been received from
the southern end of the City; however, she noted that the Zoning Ordinance must be consistent across
all areas.
Responding to Mr. Shevock regarding animals that would be included, Mrs. Townshend indicated
that the ordinance stated fowl, which would include turkeys, ducks, and other types of birds.
Noting that dogs were currently included in the ordinance, Mr. Shevock questioned if cats were
addressed. Responding, Mrs. Townshend stated that the number of cats was not regulated, noting
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that a draft amendment was brought forward several years ago that would have addressed both
chickens and cats, but it did not move forward. Mrs. Townshend informed members that the scope
of what she was asked to prepare did not include cats.
Mr. Anderson asked whether birds that are kept inside, such as parakeets and canaries, would be
covered. Responding, Mrs. Townshend stated that a definition for fowl had not been drafted and
staff was in the process of developing an amendment to the full definitions article; however, she
stated that staff could amend this ordinance to include a definition.
Mr. Anderson stated that this ordinance concerned him for a lot of reasons. He indicated that the
proposed amendment may not be a problem for homeowners, since it might not be known if they
have fowl; however, it would matter to individuals who rent, since they are subject to rental
inspections. Mr. Anderson also expressed concerns about those who are interested in organic eggs,
particularly with the new movement toward healthier living and survival, and about the Asian
community that would be affected by this amendment. He did not think the amendment was a good
move, but at the very least he hoped it would be defined well enough to allow people to keep their
canaries.
Mayor Christiansen indicated that a gentleman living on Queen Street several years ago had homing
pigeons and requested that this be taken into consideration, noting that these birds were kept caged
and were a hobby or sporting animal. He understood the concern about having chickens running
around yards, but noted that these pigeons were caged and well maintained.
Mrs. Townshend, referring to the Merriam-Webster Dictionary, stated that a simple definition such
as “a bird that is raised for food including chickens, turkeys, and ducks” could be added. She
indicated that if the ordinance was referred to Council, staff could make sure this was included at
the first reading.
Mr. Hare suggested that the ordinance could be changed to state “chickens, turkeys, and ducks.”
Responding, Mrs. Townshend stated that her concern was that anything omitted from the definition
could cause problems, for example, she asked whether the definition should include emus. Mr. Hare
felt that anything kept in the house, in a cage, as a pet would be exempt, and Mrs. Townshend
reiterated that a definition could be provided if the ordinance was referred to Council for a first
reading.
Mr. Sudler asked if the complaints were related to farmers or homeowners raising organic produce
and if staff had reviewed environmental issues of air sanitation in regard to chicken coops.
Responding, Mrs. Townshend indicated that the complaints were generated specifically in regard to
chickens being kept on residential lots by neighbors of those keeping chickens, and the complaints
were about odors.
Responding to Mr. Sudler as to whether code enforcement staff had gone to these homes to ask
whether chickens were being sold or consumed, Mrs. Townshend indicated that staff had been to at
least one (1) of the homes where there was a complaint but had not asked about what they were
doing with the chickens. She noted that there was a growing movement of people who have
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chickens that produce eggs, explaining that it would be one (1) thing if the chickens were kept on
a one (1) or two (2) acre lot; however, some of these lots are less than a quarter of an acre and
penned chickens can be very close to neighbors.
Mr. Sudler suggested, if fowl were allowed, that the language specify the distance between dwellings
that would be permissible.
Mr. Hare stated that he used to live one (1) door down from someone with a mobile chicken coop
that was moved to different locations on the property, and on warm days there was a smell. He
indicated that last August he visited another location with two (2) inspectors, the smell was almost
to the point of being nauseating, and the neighbor living behind the property could not sit out in her
yard. Mr. Hare felt that a residential neighborhood was not for raising chickens. He felt that if there
was a one (1) acre lot, restrictions could be placed, but with a lot that was not even a quarter acre
with houses possibly 30 feet apart, the mosquitoes and smell could present problems. Mr. Hare
questioned if members would want this next door to them.
Ms. Janet Sibbald, Crossgates, stated that there were chickens in a backyard in her neighborhood and
people were complaining and concerned that this would continue to be popular if allowed. She
stated that there were health concerns about the smell and stated her understanding that when
chickens are present there can be more rats, mice, and other problems. Ms. Sibbald felt that those
who want chickens can live in Kent County, where this is allowed because there are larger properties
that are not encroaching on neighbors. She expressed the desire to keep the City of Dover clean and
neat and have people want to come live here. Ms. Sibbald did not think a chicken coop next door
would entice new people into the neighborhood.
Ms. Sandy Kinkus, 365 Fiddlers Green, agreed with Ms. Sibbald. Ms. Kinkus also questioned why
the number of cats allowed could not be included in the ordinance. Responding, Mrs. Townshend
stated that cats could be included; however, this was not in the scope of what was requested. She
stated that when a request to limit the number of cats was brought forward several years ago, a limit
of (5) was suggested. Ms. Kinkus felt that having five (5) indoor cats should be up to the
homeowner, but she had recently heard of a situation where there were eight (8) cats that were
running in the neighborhood. She believed this was more of an issue than dogs because dogs are
usually on leashes and rarely run loose. Ms. Kinkus stated that it would have to be determined if it
were house cats or outside cats; however, she felt that cats should be included while this ordinance
was being considered.
Ms. Sibbald stated that there had been a problem with cats in her neighborhood, noting that the City
had been dealing with a house on Blue Beach Drive since the 1990s. She stated that the City had
to go in and clean this house and there were cats. Ms. Sibbald indicated that other areas in the City
had problems with a lot of cats, noting that even indoor cats were getting out in the neighborhood.
Although there was not currently a concern about too many cats in that particular house on Blue
Beach Drive, it had been an ongoing, yearly expense for the City of Dover to attempt to keep the
house presentable from the outside. Ms. Sibbald stated that the quantity of cats was a big problem.
She was unsure how many cats would be acceptable, but she felt that a little more room was needed
in neighborhoods the size of Crossgates, where residents live cheek by jowl.
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Mr. Ed Hannigan, 344 Fiddlers Green, informed members that he lives next door to an existing
problem where chickens are located. He indicated that he did not have an ax to grind with anybody
but wanted to have a considerate neighbor. Mr. Hannigan questioned if members would want to buy
his home if he were to sell it. He stated that he and Ms. Kinkus had lived in this neighborhood for
more than 40 years and people had invested a lot in homes that they would not be able to get their
money back if there were 20 chickens and goats next door.
Mr. Sudler moved that chicken coops in the City of Dover not be permissible due to air sanitation
and environmental hazards and issues.
Mr. Cole questioned whether there would be a definition, noting that it would be an issue moving
forward. Responding, Mr. Sudler stated that he was thinking about chickens at present, since this
was the main concern brought forward, noting that other concerns could be presented. He indicated
that he was familiar with the smell of chickens in his community, did not like it, and was speaking
on behalf of chicken coops not being permissible in the City. Mr. Sudler agreed to a friendly
amendment to include chickens, turkeys, ducks, etc.
Mrs. Townshend suggested that the motion be amended to endorse the draft ordinance and request
that staff develop an amendment that defines fowl, as discussed, prior to the first reading.
Mr. Shevock questioned if there were goats on the property and Mrs. Townshend indicated that there
were not goats present. She indicated that only domestic animals were permitted in residential zones
and the problem was that the current code specifically allows up to 25 fowl. Mrs. Townshend
explained that in most cases a chicken would not be considered a domestic animal, with domestic
animal meaning a kind of pet; however, the current Code specifically allows fowl.
Ms. Sibbald questioned the provision that would allow the owner to keep fowl until March 15, 2017,
stating this would be more than a year. She requested that the neighborhood not have to live through
the summer with this problem, stating that the fowl could be out of there by June.
Mr. Hutchison suggested that residents be required to remove fowl three (3) months from the time
the ordinance is passed.
Mr. Sudler stated that he was open to accepting an amendment to the motion. Responding, Mr. Hare
stated that the motion was to amend the ordinance to include chickens, turkeys, ducks, and anything
else staff feels would qualify and that residents be required to remove fowl within three (3) months
from passage of the ordinance.
In response to Mr. Shevock, Mr. Sudler confirmed that the motion was to have staff redraft the
ordinance and bring it back to the Committee.
Mr. Shevock seconded the motion.
Responding to Mr. Hare, Mrs. Townshend advised members that the requested amendments could
be made prior to first reading.
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Mr. Slavin clarified that the provision for compliance within 90 days of passage referred to passage
by Council. He noted that after going through first and second reading of the ordinance, it would
probably take effect no more than six (6) months from today but possibly before this.
The motion to recommend amending the ordinance to include chickens, turkeys, ducks, and
anything else staff feels would qualify and that residents be required to remove fowl within
three (3) months from passage of the ordinance was unanimously carried.
By unanimous consent, the meeting adjourned at 6:30 p.m.
William F. Hare
Chairman
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CITY OF DOVER City Council Meeting
FISCAL YEAR JULY 1, 2015 TO JUNE 30, 2016 January 25, 2016
1 of 2
QUARTERLY REVENUE REPORT
As of December 2015
50.0%
FY16 YTD % BUDGET FY15 FY14
GENERAL FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes $ 12,495,500 $ 12,408,100 99.3% $ 10,841,200 $ 10,777,800
2 Payment In Lieu of Taxes 398,700 379,700 95.2% 335,500 316,700
3 Transfer from Electric Fund 10,000,000 5,833,300 58.3% 10,000,000 8,000,000
4 Intrafund Service Receipts Electric 3,738,500 1,693,400 45.3% 3,478,800 3,427,300
5 Transfer from Transfer Tax Fund 1,340,000 1,608,100 120.0% 1,713,800 1,544,100
6 Business Licenses 1,425,000 1,457,300 102.3% 1,403,100 1,494,300
7 Intrafund Service Receipts Water/Wastewater 1,492,700 662,400 44.4% 1,341,600 1,218,900
8 Sanitation Fees 2,580,000 1,270,500 49.2% 2,578,900 2,595,600
9 Permits & Other Licenses 1,436,300 645,100 44.9% 1,490,200 1,597,300
10 Transfer from Municipal Street Aid Fund 564,200 336,600 59.7% 664,300 664,900
11 Fines & Police Revenue 702,300 346,700 49.4% 666,700 653,600
12 Police Extra Duty Fees 533,000 226,100 42.4% 503,000 562,900
13 Transfer from Police Grant Funds 74,400 27,000 36.3% 127,100 80,200
14 Court of Chancery Fees 1,065,100 470,900 44.2% Thru November 1,118,700 1,034,500
15 Transfer from Water/Wastewater Fund 850,000 425,000 50.0% 500,000 500,000
16 Transfer from Contingency - - 0.0% 50,000 250,000
17 Transfer from Civil Traffic Penalties Fund 450,000 218,800 48.6% Thru November 495,200 357,500
18 Library Revenues & County Reciprocal Pymt 522,000 200,900 38.5% 480,800 498,600
19 Franchise Fees 672,300 168,600 25.1% Q1 franchise fees 683,400 648,300
20 General Fund Grant Receipts 673,500 8,900 1.3% Offset by transfer to Police Pension Trust 733,900 571,000
21 Recreation Revenue 149,000 80,800 54.2% 149,300 151,900
22 Other Miscellaneous Receipts 129,600 82,700 63.8% 257,500 175,500
23 Interest Income 35,000 39,000 111.4% 35,100 34,500
24 2014 Bond Proceeds (Refinance 2003 Bonds) - - 0.0% 475,000 -
TOTALS $ 41,327,100 $ 28,589,900 69.2% $ 40,123,100 $ 37,155,400
Final Budget $ 39,795,600 $ 37,127,200
Page 114
CITY OF DOVER City Council Meeting
FISCAL YEAR JULY 1, 2015 TO JUNE 30, 2016 January 25, 2016
2 of 2
QUARTERLY REVENUE REPORT
As of December 2015
50.0%
FY16 YTD % BUDGET FY15 FY14
WATER/WASTEWATER FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 6,200,000 $ 2,838,400 45.8% $ 4,889,000 $ 4,459,800
2 Wastewater Fees 3,728,000 1,972,000 52.9% 3,735,900 3,562,400
3 Wastewater Adjustment Fees - County Trtmt 3,026,500 1,554,000 51.3% 2,952,900 2,930,300
4 Groundwater Inflow Adjustment 1,864,300 994,300 53.3% 1,831,800 1,316,200
5 Water Impact Fees 250,000 139,200 55.7% 536,900 252,200
6 Wastewater Impact Fees 250,000 122,000 48.8% 482,200 230,200
7 Water Tank Space Leasing 341,900 155,500 45.5% 344,800 360,300
8 Interest Income 3,000 100 3.3% Thru December 2,300 3,616
9 Other Miscellaneous Revenues 64,000 30,900 48.3% 75,000 61,300
TOTALS $ 15,727,700 $ 7,806,400 49.6% $ 14,850,800 $ 13,176,316
Final Budget $ 14,386,300 $ 13,023,500
50.0%
FY16 YTD % BUDGET FY15 FY14
ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 78,279,200 $ 41,333,000 52.8% $ 77,011,700 $ 76,928,300
3 Utility Tax 1,281,100 694,500 54.2% 1,266,900 1,259,000
4 Transfer from Rate Stabilization Reserve 3,000,000 750,000 25.0% 3,000,000 7,000,000
5 Miscellaneous Revenue 927,800 633,300 68.3% 1,389,400 906,400
6 Interest Income 47,900 10,700 22.3% Thru December 21,200 10,500
7 Intrafund Service Fees - Water/Wastewater - - 0.0% - 130,800
TOTALS $ 83,536,000 $ 43,421,500 52.0% $ 82,689,200 $ 86,235,000
Final Budget $ 81,766,000 $ 88,283,600
Page 115
COMMITTEE ACTION FORM
PROCEEDING: City Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Electric Department DATE SUBMITTED: 01/08/2016
PREPARED BY: Paul Waddell, Engineering & Systems Operations Superintendent
SUBJECT: Evaluation of Bid #16-0023EL, Master Electrician
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: Electric Director, City Manager, Controller
EXHIBITS: N/A
EXPENDITURE REQUIRED: As Required AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly all “Contractual Services” operation budgets
such as 480-8200-562-30-31 (Electric T&D); 480-8300-563-30-31 (Electric Eng.); 412-6900-569-30-31
(W/WW); or CIP project funding if applicable. Expenditures for these services over the last 5 years have
totaled $43,548.
TIME TIMETABLE: Contract to be issued upon final approval.
RECOMMENDED ACTION: Staff recommends awarding a blanket Master Electrician Services Contract to
the lowest bidder with no minimums, DeVary Electric for three (3) years with the option to extend for an
additional two (2) years (five (5) years total) as per the pricing included in the bid submittal. The optional two
(2) years extension will be at the discretion of the Electric Director.
BACKGROUND AND ANALYSIS
The Electric Department maintains blanket contracts with potential contractors to ensure that the bidding rules
are adhered to for any contractors that might be hired to perform work for the Public Works & Electric
Departments. These contracts are valued using “time and material” estimates. This bid is for master
electrician services to include conversion from 100 Amp to 200 Amp residential services, emergency situations
and as required by work load.
Bids were solicited and advertised according to City Policy by the City’s Contract and Procurement Manager
under Bid #16-0023EL and the City received bids from two (2) vendors. Both bids were complete and the
potential vendors were deemed to be capable and competent; therefore, pricing was the determining factor in
bid award. The primary function of this contract is to provide conversion of electrical services from 100 to 200
Amps and associated tasks. Each bidder’s proposed rates were used in this evaluation. DeVary Electric had
the lowest total average conversion cost by 284% and the labor rates for eight (8) hours were approximately
27% lower. Because the evaluation criteria was the total cost of conversion and an additional consideration of
eight (8) hours of labor for an Electrician and Helper, the staff is recommending that the contract be awarded to
the lowest bidder, DeVary Electric.
The following table is a summary of the scenario pricing:
Bidder Service Conversion* 8 Hours Labor*
DeVary $364.47 $766.24
White Marsh Env
$1,035.28 $976.86
Services
*Rates were averaged across 5 years of pricing figures provided by each company.
Annual expenditure for these services may exceed $25,000; therefore, staff is seeking Councils endorsement
of the recommendation.
Page 117
COMMITTEE ACTION FORM
PROCEEDING: City Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Electric Department DATE SUBMITTED: 01/08/2016
PREPARED BY: Paul Waddell, Engineering & Systems Operations Superintendent
SUBJECT: Evaluation of Bid #16-0024EL, Environmental Services
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: Electric Director, City Manager, Controller
EXHIBITS: N/A
EXPENDITURE REQUIRED: As Required AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly all “Environmental Expenses” operation
budgets such as 480-8200-562-30-43 (Electric T&D); 480-8300-563-30-43 (Electric Eng.); 412-6900-569-30-
31 (W/WW); or CIP project funding if applicable.
TIME TIMETABLE: Contract to be issued upon final approval.
RECOMMENDED ACTION: Staff recommends awarding a blanket Environmental Services contract to
Compliance Environmental, Inc. with no minimum amounts. The initial period of the contract will be three (3)
years with an option to extend the contract for an additional two (2) years (five (5) years total) as per the
pricing included in the submission.
BACKGROUND AND ANALYSIS
The Electric Department maintains blanket contracts with potential contractors to ensure that the bidding rules
are adhered to for any contractors that might be hired to perform work for the Public Works, Electric, and
Planning & Inspections Departments. These services are priced using a “time and material” approach. This
bid is for Environmental Services work both in normal and/or emergency situations and as required by work
load. These services may include cleanup activities, soil sampling, asbestos sampling, bid specifications,
assistance in environmental compliance with numerous agencies and assistance in disposal, collection and
shipment of hazardous wastes.
Bids were solicited and advertised in accordance with City policy by the City’s Contract and Procurement
Manager under Bid #16-0024EL. The City received bids from two (2) companies. Both of the bids were
complete and the potential vendors were deemed to be capable and competent. Staff used work experience,
emergency response time, total cost, geographical location, staff experience and training records as criteria for
evaluating the submissions. Compliance Environmental has more experience in the field and was determined
to be more experienced in environmental activities related to the electrical and public works arenas. Both
companies expressed ability to meet the 2-hour response time request. Compliance Environmental, Inc. is a
local company with an office in Dover while Envirotech is based in Milton, DE but serve clients in Dover.
Compliance Environmental, Inc. produced verification of more certifications in areas related to our operations
in the City. Because of these items, the staff is recommending that the contract be awarded to the most
suitable submission as evaluated, Compliance Environmental, Incorporated.
These services have routinely exceeded $25,000 per year; therefore, authorization by City Council is required.
Page 118
DEPARTMENT OF POLICE
Paul M. Bernat 400 South Queen Street
Chief of Police Dover, Delaware 19904
F.B.I.N.A. 302-736-7111
Fax: 302-672-1842
December 31, 2015
Ms. Traci McDowell
City Clerk
Dover City Hall
P.O. Box 475
Dover, DE 19903
Dear Traci:
The Police Pension Board term of Retired Captain John Sigler will expire on January 31, 2016.
Pursuant to Section 18-47 of the pension plan, a request for nominations was posted with an
announcement of election to fill the vacancy on December 18, 2015. One nomination was
received, therefore, no election will be held.
I hereby nominate Retired Captain John Sigler to serve a three-year term on the Pension Board,
commencing February 1, 2016 and ending January 31, 2019, subject to confirmation of a voting
majority of City Council.
If you need additional information, please call me at (302) 736-7100.
Sincerely,
Paul M. Bernat
Chief of Police
PMB/rmr
Page 119
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2016-01
WITH STAFF AMENDMENT #1 (SA#1)
(Staff Amendment #1 indicated in green text)
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 18 - Animals, Section 18-1. - Definitions of the Dover Code be amended by inserting the
4 following definition in its correct alphabetical order:
5 Fowl means any various domestic birds intended for keeping outdoors, by way of example but
6 not limited to: Chickens, roosters, ducks, geese, turkeys, guinea fowl, emus, rheas, ostriches and
7 pigeons.
8 BE IT FURTHER ORDAINED:
9 That Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One-family residence zones [(R-20,
10 R-15, R-10, R-8 and R-7)], Subsection 1.1 - Uses permitted, Subsection 1.15 - Accessory uses, limited to
11 the following:, paragraph (d) - Keeping domestic animals, of the Dover Code be amended by deleting the
12 text indicated in red strikeout and inserting the bold, blue text, as follows:
13 1.15 Accessory uses, limited to the following:
14 (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not
15 including veterinarians, provided that:
16 i. Such office or studio is incidental to the residential use of the premises and is carried on by
17 a resident thereon with not more than one nonresident assistant; and
18 ii. Such office or studio shall occupy not more than 30 percent of the area of one floor of the
19 main building.
20 iii. Studios where dancing or music instruction is offered to groups in excess of four pupils at
21 one time or where concerts or recitals are held are prohibited.
22 iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar
23 uses shall not be considered permitted accessory uses.
24 (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the
25 premises and not operated for gain.
26 (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall have a
27 capacity of not more than three passenger automobiles. One such space may be leased to a person
28 not [a] resident on the premises.
29 (d) Keeping domestic animals (except pigs and fowl) for individual domestic purposes or as pets.,
30 provided not No more than three dogs over six months old are permitted. Any fowl being
Page 120
Proposed Ordinance #2016-01 - Appendix B, Article 3, Section 1 Page 2
31 kept as of March 15, 2016 must be relocated by March 15, 2017 June 15, 2016. and not
32 more than 25 fowl shall be permitted, and no animals (except dogs) or fowl shall be penned
33 or housed within 20 feet of any lot line.
34 (e) (Reserved.)
35 (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk regulations
36 of the RG-1 zone. For purposes of computing bulk requirements, each four rooms shall be
37 considered one dwelling unit. Parking shall be calculated as identified in Article 6-Off-Street
38 Parking, Section 3-Required off-street parking spaces, Paragraph 3.1-Schedule of requirements.
39 (g) Customary home occupations, provided that:
40 i. No display of products, goods and/or signs shall be visible from the street.
41 ii. Such home occupation shall be incidental and secondary to the residential use of the
42 premises and shall be conducted in the principal building by the resident or residents that
43 reside therein.
44 iii. Nonresident assistants or co-workers shall be prohibited.
45 iv. Such home occupation shall not occupy more than 30 percent of the area of one floor in the
46 principal building.
47 v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas, fumes,
48 radiation, or electromagnetic interference.
49 BE IT FURTHER ORDAINED:
50 That Appendix B - Zoning, Article 12 - Definitions of the Dover Code be amended by inserting the
51 following definition in its correct alphabetical order:
52 Fowl means any various domestic birds intended for keeping outdoors, by way of example but
53 not limited to: Chickens, roosters, ducks, geese, turkeys, guinea fowl, emus, rheas, ostriches and
54 pigeons.
55 ADOPTED: *
56 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-01 APDX B-ZONING, ART 3, SEC 1, SUBSEC 1.15 ACCESSORY USES (FOWL)\Proposed Ordinance #2016-01 with SA#1-Fowl-First Reading.wpd
57 SYNOPSIS
58 The proposed amendment would disallow the keeping of foul in one-family residence zones.
59 (SPONSORS: HARE, HUTCHISON, AND COLE)
60 Actions History
61 01/25/2016 - Scheduled for First Reading - City Council
62 01/11/2016 - Introduced - Legislative, Finance, and Administration Committee
Page 121
PROPOSED AMENDMENTS TO THE 2008 COMPREHENSIVE PLAN
First Reading before the
Dover City Council
January 25, 2016
Proposed Amendments to the
2008 Comprehensive Plan:
A. Request for a 37.2 parcel located on the west side of New
Burton Road and west of the railroad corridor to revise the
Land Use Classification from Residential Low Density to
Industrial and Public Utilities on Map 12-1: Land Development
Plan Map. Property Address: 37.2 Acres New Burton Road and
1436 New Burton Road. This is associated with rezoning
application Z-16-02.
B. Request for a parcel located on the west side of South State
Street south of Gooden Avenue to revise the Land Use
Classification from Residential Medium Density to Office and
Office Parks on Map 12-1: Land Development Plan Map.
Property Address: 834 South State Street. This is associated
with rezoning application Z-16-03.
C. Request for properties owned by Dover International
Speedway Inc. located east of Delaware Route 1 on the north
side and south side of Persimmon Tree Lane to revise the Land
Use Classification from Active Agriculture to Commercial.
Property Addresses: 75 Pit Stop Lane and 599 Persimmon Tree
Lane. This amendment is proposed to facilitate the consistent
zoning of the Woodlands Area, which is the location of Firefly
and Big Barrel music festivals.
Ordinance Number: #2016-02
File Number: MI-16-01
Page 122
City of Dover
Department of Planning & Inspections 2016 Com prehensive Plan Amendm ent
Current Designation Proposed Designation
IV
E VE
DR RI
CH ARL ES CH ARL ES D
O AK D R IVE OA K D R IV E
UE B EA U E BEA
AD AD
BL BL
RO RO
ON ON
CH RO AD CH ROAD
RT RT
IV E
BU BU
IV E DR
DR D O GW OO D
D OG WO OD
W W
NE NE
OAD R OA D
A LD ER R ALD E R
G AV E N U E G AV E N U E
K E S S E LR IN K E S S E LR IN
TU TU E
IR D AV EN U
E IR D AV EN U
M O C KI N G B M O C KI N G B
DR IV E VE
RNER RNE R DRI
EN U E EN U E
M IM O S A AV M IM O S A AV
Site Site
R esidential
Industrial
Low W EB B S LA N E W E BB S LA N E
& P ublic
D ensity
U tilities
Legend
Pla n Title: L ands of Ke sselring Com p any LLC
Loca tion : 1436 Ne w Burton Road D ov er Boundary D ov erA FB R es idential H igh D ensity
Pla n Type: Com prehen sive P lan A m endm ent D ov er Parcels Industrial and P ublic U tilities R es idential Low D ensity
Tax Parcel: ED05-085 .00-01-07.00 -00 0 and ED05-085 .00-01-07.00 -00 1
Current Land Use: Re sidential L ow Density Land Use Classifications Institutional R es idential M edium D ensity
Proposed La nd Use: Industrial & Public Utilities Ac tive A griculture M ixed U se Train Track
Owners: Ke sselrin g Com pa ny L LC c/o Doris K. Ta ylor
Date: 12/31/201 5 C om m erc ial Offic e W ater
0 487.5 975 1,950 Feet
Open S pace, C onservation, R ec reation
Page 123
City of Dover
Department of Planning & Inspections 2016 Comprehensive Plan Amendment
Current Designation Proposed Designation
GOODEN AVENUE GOODEN AVENUE
PINE S TREET PINE ST REET
Site Site
Residential
STATE STREET STATE STREET
Medium Density Office
EET ET
LOTUS STR LOTUS STRE
Legend
Plan Title: Micromotor Equipment LLC
Location: 834 South State Street Dover Boundary DoverAFB Residential High Density
Plan Type: Comprehensive Plan Amendment Dover Parcels Industrial and Public Utilities Residential Low Density
Tax Parcel: ED05-077.17-03-45.00-000
Current Land Use: Residential Medium Density Land Use Classifications Institutional Residential Medium Density
Proposed Land Use: Office Active Agriculture Mixed Use Train Track
Owners: Michael Braun
Date: 12/29/2015 0 62.5 125 250 Feet Commercial Office Water
Open Space, Conservation, Recreation
Page 124
City of Dover
Department of Planning & Inspections 2016 Comprehensive Plan Amendment
Current Designation Proposed Designation
Site Site
Agricultural
Commercial
Site Site
PL
R AZ R PL
IC IC
IPS A AZ
LE LA IPS A
NE LE LA
NE
OAD D
OA
Legend
Plan Title: The Woodlands of Dover International Speedway
Location: 75 Pit Stop Lane and 599 Persimmon Tree Lane Dover Boundary DoverAFB Residential High Density
Plan Type: Comprehensive Plan Amendment Dover Parcels Industrial and Public Utilities Residential Low Density
Tax Parcel: LC05-058.17-02-01.00-000 and LC05-058.00-02-15.00-000
Current Land Use: Agricultural Land Use Classifications Institutional Residential Medium Density
Proposed Land Use: Commercial Active Agriculture Mixed Use Train Track
Owners: Dover Downs International Speedway Inc
Date: 12/31/2015 Commercial Office Water
0 415 830 1,660 Feet
Open Space, Conservation, Recreation
Page 125
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2016-02
1 AN ORDINANCE AMENDING THE 2008 COMPREHENSIVE PLAN, AS AMENDED, BY
2 REPLACING MAP 12-1: LAND DEVELOPMENT PLAN.
3
4 WHEREAS, the City Council of the City of Dover, on February 9, 2009, adopted the 2008
5 Comprehensive Plan pursuant to Title 22, Section 702 of the Delaware Code; and
6
7 WHEREAS, the Honorable Jack Markell, Governor of the State of Delaware, certified the 2008
8 Comprehensive Plan on April 24, 2009; and
9
10 WHEREAS, the 2008 Comprehensive Plan allows for an annual amendment process; and
11
12 WHEREAS, two property owners have requested amendments to the Land Development Plan Map
13 (Map 12-1) in accordance with the process set forth in the 2008 Comprehensive Plan; and
14
15 WHEREAS, the Planning Office has prepared one amendment to the Land Development Plan Map
16 (Map 12-1);
17
18 WHEREAS, the Planning Commission held a public hearing on February 16, 2016, after which the
19 Commission made a recommendation in regard to the amendments to the Land Development Plan related
20 to the above request.
21
22 NOW, THEREFORE, BE IT ORDAINED THAT the Mayor and Council of the City of Dover hereby
23 amend the 2008 Comprehensive Plan, as amended, by:
24
25 1. Replacing Map 12-1: Land Development Plan of the 2008 Comprehensive Plan, as amended on
26 November 23, 2009; March 14, 2011; April 11, 2011; March 12, 2012; March 10, 2014; and
27 April 13, 2015, with the referenced map presented to City Council on March 14, 2016.
28
29 ADOPTED: *
30 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-02 2008 COMPREHENSIVE PLAN AMENDMENT\Ordinance #2016-02 Amending the 2008 Comprehensive Plan - First Reading.docx
31
32 SYNOPSIS
33 The proposed ordinance would adopt amendments and an addendum to the
34 2008 Comprehensive Plan, as amended on November 23, 2009;
35 March 14, 2011; April 11, 2011; March 12, 2012; March 10, 2014; and
36 April 13, 2015.
37
38
39 Actions History
40 January 25, 2016 - Scheduled for First Reading - City Council
Page 126
PETITION TO AMEND THE ZONING DISTRICT
First Reading before the Dover City Council
January 25, 2016
Applicants/Owners: Kesselring Company, LLC & Others and Larry Kesselring
Address: 37.2 Acres New Burton Road
1436 New Burton Road
Location: South of the Puncheon Run, bound by the West Dover Connector
on the north, south and west, and by the Railroad Tracks and New
Burton Road on the east
Tax Parcel ID #: ED-05-085.00-01-07.00-000
ED-05-085.00-01-07.00-001
Size: 37.2 +/- acres
Present Use: Vacant
Proposed Use: Industrial
Comprehensive
Plan Designation: Residential Low Density – Subject of Request to Amend Land Use
Classification to Industrial and Public Utilities
Present Zoning: R-20 (One Family Residence Zone)
Proposed Zoning: IPM (Industrial Park Manufacturing Zone)
Reason for Request: To allow for industrial development of the property
File Number: Z-16-02
Page 127
City of Dover Application No.: Z-16-02, MI-16-01
Department of Planning & Inspections
Dr
R-
ROS
TND C ha rles
ROS 10
Ho lly Dr Ye ars ley Dr
ROS R-10
IPM
O ak Dr
Riverside Rd R-10
Rd
Crickle Creek Ln
ROS
Cr
ek
B e n d R-10
e
Blu e Be ach Dr
Ca Rd
R-10 n
Ba ke r Tu rn
l S
n
na
t R-
r to Gr
F id dl e r
Bu
Wi
10
s
R-10
w
n te
R-20 R-10
Ne
rb e
Ave
D og w oo d R-10
Do rry
gw Dr
oo d
ROS Ct
R-20 A ld er R d
R-8
A ve
K es se lring
R-8
A ve
C- M oc ki ng bi rd
1A R-8
Turner Dr
R-8
Po st Blv d
M im os a Av e
Haman D r
R-8 R-8
C-3
RM-2
Garto n Ln
Site
May berry Ln
R-
C-
8
2A We bb s Ln
IO
Title: Lands of Kesselring Company LLC
Address: 1436 New Burton Road
Parcel ID: ED-05-085.00-01-07.00-000 and ED-05-085.00-01-07.00-001 Legend
Acerage: 37.2 Subject Property
Existing Zoning: R-20 (One-Family Residence Zone)
Proposed Zoning: IPM (Industrial Park Manufacturing) Zoning
Owner: Kesselring Company LLC c/o Doris K. Taylor Dover Parcels
Date: 12/21/2015
Kent County Parcels
« 0 500 1,000 2,000 Feet
Dover Boundary
Page 128
FIRST READING
CITY OF DOVER
PROPOSED ORDINANCE #2016-03
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
3 LOCATED WEST OF NEW BURTON ROAD AND THE RAILROAD CORRIDOR AND
4 INCLUDING THE PROPERTY LOCATED AT 1436 NEW BURTON ROAD
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
6 the limits of the City of Dover; and
7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
8 of property described below from R-20 (One-Family Residence Zone) to IPM (Industrial Park
9 Manufacturing Zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
11 OF DOVER, IN COUNCIL MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from
14 R-20 (One-Family Residence Zone) to IPM (Industrial Park Manufacturing Zone) on that
15 property located on the west side of New Burton Road west of the railroad corridor and
16 surrounded by the right-of-way for the West Dover Connector, consisting of 37.2+/- acres and
17 including the property located at 1436 New Burton Road, owned by Kesselring Company,
18 LLC and others.
19 (Tax Parcels: ED-05-085.00-01-07.00-000 and ED-05-085.00-01-07.00-001; Planning Reference: Z-16-02;
20 Council District 2)
21
22 ADOPTED: *
23 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-03 REZONING - NEAR NEW BURTON ROAD AND 1436 NEW BURTON ROAD\Ordinance #2016-03 Rezoning Property Near New Burton
24 Road and 1436 New Burton Road.wpd
25
26 Actions History
27 January 25, 2016 - Scheduled for First Reading - City Council
Page 129
PETITION TO AMEND THE ZONING DISTRICT
First Reading before the Dover City Council
January 25, 2016
Applicants/Owners: Michael W. & Winifred M. Braun
Address: 834 S. State Street
Location: West side of South State Street, south of Gooden Avenue
Tax Parcel ID #: ED-05-077.17-03-45.00-000
Size: 17,000 +/- Square Feet
Present Use: Vacant Residence
Proposed Use: Office
Comprehensive
Plan Designation: Residential Medium Density – Subject of Request to Amend Land
Use Classification to Office and Office Parks
Present Zoning: R-8 (One Family Residence Zone)
Proposed Zoning: C-PO (Commercial and Professional Office Zone)
Reason for Request: To allow for conversion to an office
File Number: Z-16-03
Page 130
City of Dover Application No.: Z-16-03
Department of Planning & Inspections
IO
RGO
R-8
R-8
C-1A
Pine St
RGO
R-8
R-8
R-8
Site
R-8
State St
R-8
RGO
R-8
Lotus St
R-8
R-8
RGO C-1A
Title: Micromotor Equipment LLC
Address: 834 S State St
Parcel ID: ED-05-077.17-03-45.00-000
Existing Zoning: R-8 (One-Family Residence Zone)
Proposed Zoning: C-PO (Commercial and Professional Office Zone) Legend
Owner: Michael Braun
Dover Parcels
Date: 12/29/2015
Zoning
« 0 60 120 240 Feet
2012 Buildings
Page 131
FIRST READING
CITY OF DOVER
PROPOSED ORDINANCE #2016-04
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
3 LOCATED AT 834 SOUTH STATE STREET
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
5 the limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
7 of property described below from from R-8 (One-Family Residence Zone) to C-PO (Commercial
8 and Professional Office Zone).
9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
10 OF DOVER, IN COUNCIL MET:
11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
12 Ordinance of the City of Dover have been amended by changing the zoning designation from
13 R-8 (One-Family Residence Zone) to C-PO (Commercial and Professional Office Zone) on
14 that property located at 834 South State Street, consisting of 17,000+/- S.F, owned by
15 Michael W. and Winifred M. Braun.
16 (Tax Parcel: ED-05-077.17-03-45.00-000; Planning Reference Z-16-03; Council District 2)
17
18 ADOPTED: *
19 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-04 REZONING - 834 SOUTH STATE STREET\ORDINANCE#2016-04 REZONING OF PROPERTY - 834 SOUTH STATE STREET .wpd
20
21 Actions History
22 January 25, 2016 - Scheduled for First Reading by City Council