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REGULAR COUNCIL MEETING
AGENDA
JANUARY 11, 2016 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
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 REVEREND THEODORE HENDERSON
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANDERSON
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 NOVEMBER 23, 2015
B. SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 - VIOLATIONS OF THE DANGEROUS
BUILDING ORDINANCE
C. SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015
D. REGULAR COUNCIL MEETING OF DECEMBER 14, 2015
2. PRESENTATION - RECOGNITION OF SERVICE - JAMES P. WEBSTER - PUBLIC ADVISORY
COMMITTEE OF THE DOVER-KENT COUNTY METROPOLITAN PLANNING ORGANIZATION
(MPO) (JANUARY 2007 THROUGH OCTOBER 2015)
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COUNCIL AGENDA - JANUARY 11, 2016 PAGE 2
3. R EZONING R EQUEST - P UBLIC H EARING/F INAL R EADING OF PROPOSED
ORDINANCE #2015-23
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL
MEETING OF NOVEMBER 23, 2015. COPIES OF THE PROPOSED ORDINANCE ARE AVAILABLE AT
THE ENTRANCE OF THE COUNCIL CHAMBERS.
A. PROPERTY LOCATED AT 904, 910, 930, 950, 956, 970, 986, AND 992 WHATCOAT DRIVE,
OWNED BY WHATCOAT COMMUNITY DEVELOPMENT, INC. THIS 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, FOURTH COUNCIL DISTRICT; PLANNING REFERENCE: Z-15-04).
4. PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2015-20
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL
MEETING OF NOVEMBER 9, 2015. COPIES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL
CHAMBERS.
A. PROPOSED ORDINANCE #2015-20 AMENDING APPENDIX B - ZONING, ARTICLE 12 -
DEFINITIONS
5. TENTATIVE LABOR AGREEMENT - FRATERNAL ORDER OF POLICE (FOP) (TABLED DURING
THE MEETING OF DECEMBER 14, 2015)
6. VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE
A. PROPERTY LOCATED AT 1032-1058 SOUTH DUPONT HIGHWAY, OWNED BY
BMDR, LLC - 60-DAY PROGRESS REPORT
(ACTION TAKEN DURING THE REGULAR COUNCIL MEETING OF NOVEMBER 9, 2015: . . .THAT
THE PROPERTY BE REPAIRED OR DEMOLISHED BY JULY 1, 2016 . . .AND THAT PROGRESS
REPORTS BE PROVIDED AT THE COUNCIL MEETINGS SCHEDULED FOR JANUARY 11, 2016,
MARCH 14, 2016, AND JUNE 13, 2016)
B. PROPERTY LOCATED AT 2 SOUTH QUEEN STREET, OWNED BY KZ FOREVER LLC
(ACTION TAKEN DURING THE SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015: TO HAVE
THE PROPERTY OWNER PROVIDE STAFF WITH ESTIMATES WITHIN 15 DAYS AND TO PLACE THE
MATTER ON THE JANUARY 11, 2016 AGENDA FOR COUNCIL DISCUSSION)
* 7. DOVER HUMAN RELATIONS COMMISSION REPORT - AUGUST 25, 2015
A. COMMUNITY DEVELOPMENT OPPORTUNITIES
A-1. PRESENTATION BY DR. DAN YOUNG - TED X DOVER
(COMMISSION RECOMMEND THAT THE DHRC COLLABORATE ON THE TEDX
DOVER ORGANIZATION)
B. DHRC COMMITTEE UPDATES
B-1. GOVERNMENT POLICY, PROGRAMS, AND PRACTICES COMMITTEE
B-2. COMMUNITY ENGAGEMENT COMMITTEE (ROACH)
B-3. EDUCATION COMMITTEE (HENDERSON)
B-4. COMMUNICATIONS COMMITTEE
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COUNCIL AGENDA - JANUARY 11, 2016 PAGE 3
* 7. DOVER HUMAN RELATIONS COMMISSION REPORT - AUGUST 25, 2015 (CONTINUED)
C. 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
(COMMISSION RECOMMENDED THAT MS. SMITH ATTEND MEDIATION TRAINING, WITH
COMMISSIONER HENDERSON BEING THE ALTERNATE)
D. COMMUNITY DEVELOPMENT OPPORTUNITIES
D-1. MEETING WITH CAPITAL SCHOOL DISTRICT SUPERINTENDENT DR. DAN SHELTON
E. UPDATE ON COMMISSIONERS' TASKS
E-1. SUBMISSION OF BIOS AND PHOTOS AND STATUS OF WEBSITE
E-2. SUBMISSION OF SUGGESTED NAMES AND BIOS FOR COMMISSION VACANCIES
(FIRST AND SECOND COUNCIL DISTRICTS) AND IN-HOUSE RETREAT
(COMMISSION RECOMMENDED ACCEPTANCE OF THE TWO (2) VOLUNTEERS TO FILL
THE VACANCIES IN THE FIRST AND SECOND DISTRICTS)
E-3. CITY OF DOVER POLICE DEPARTMENT RIDE ALONG PROGRAM, CITIZENS POLICE
ACADEMY, AND SURVEY
E-4. STATE HUMAN RELATIONS COMMISSION MEETING OF AUGUST 13, 2015
E-5. DISSEMINATION OF INFORMATION
E-6. ACKNOWLEDGMENT AND GOOD-BYE TO COMMISSIONER EUGENE RUANE
F. CITY AND COMMUNITY CONCERNS - DOWNTOWN PROPERTIES AND VIOLATIONS
* 8. DOVER HUMAN RELATIONS COMMISSION REPORT - SEPTEMBER 29, 2015
A. MEET AND GREET WITH COUNCIL PRESIDENT TIMOTHY SLAVIN
B. UPDATE ON COMMISSIONERS' TASKS - ACKNOWLEDGMENT AND GOODBYE TO
COMMISSIONER EUGENE RUANE
C. DISCUSSION - FUTURE MEETING DATES
(COMMISSION MEMBERS AGREED TO CONTINUE MONTHLY MEETINGS)
* 9. DOVER HUMAN RELATIONS COMMISSION REPORT - OCTOBER 27, 2015
A. DHRC COMMITTEE UPDATES
A-1. GOVERNMENT POLICY, PROGRAMS, AND PRACTICES COMMITTEE
A-1-A. CITY OF DOVER DIVERSITY QUESTIONNAIRE
(COMMISSION RECOMMENDED ACCEPTANCE OF THE SURVEY AS WRITTEN
FOR THE CITY STAFF, WITH A NEW DRAFT TO BE PROVIDED FOR THE ONLINE
SURVEY)
A-2. COMMUNITY ENGAGEMENT COMMITTEE (ROACH)
A-3. EDUCATION COMMITTEE (HENDERSON)
A-3-A. TED TALK MEETING WITH DAN YOUNG
A-3-B. MEETING WITH CAPITAL SCHOOL DISTRICT SUPERINTENDENT
DR. DAN SHELTON
A-4. COMMUNICATIONS COMMITTEE
B. ELECTION OF COMMITTEE CHAIRS
B-1. GOVERNMENT POLICY, PROGRAMS, AND PRACTICES COMMITTEE
(COMMISSION ELECTED MR. MCGIFFIN TO SERVE AS CHAIR OF THE GOVERNMENT
POLICY, PROGRAMS, AND PRACTICES (GPPP) COMMITTEE)
B-2. COMMUNICATIONS COMMITTEE
(COMMISSION ELECTED MS. GRIFFITH TO SERVE AS CHAIR OF THE
COMMUNICATIONS COMMITTEE)
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COUNCIL AGENDA - JANUARY 11, 2016 PAGE 4
* 9. DOVER HUMAN RELATIONS COMMISSION REPORT - OCTOBER 27, 2015 (CONTINUED)
C. OLD BUSINESS
C-1. CITY OF DOVER POLICE DEPARTMENT RIDE ALONG PROGRAM AND CITIZEN'S
POLICE ACADEMY
C-2. UPDATE - FOUR-DAY BASIC MEDIATION TRAINING CONDUCTED BY THE
UNIVERSITY OF DELAWARE INSTITUTE FOR PUBLIC ADMINISTRATION - SCHOOL
OF PUBLIC POLICY AND ADMINISTRATION
C-3. DHRC VACANCIES
C-4. FOLLOW UP - MEET AND GREET WITH COUNCIL PRESIDENT TIMOTHY SLAVIN
D. NEW BUSINESS
D-1. REACH ONE, TEACH ONE CHALLENGE (ROACH)
(COMMISSION RECOMMENDED THAT COUNCIL CONSIDER HAVING A "REACH ONE,
TEACH ONE CHALLENGE" FOR THE CITY OF DOVER)
D-2. CITY POLICE AND NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED
PEOPLE (NAACP) COMMUNITY OUTREACH EVENT OF OCTOBER 8, 2015
* 10. DOVER HUMAN RELATIONS COMMISSION REPORT - NOVEMBER 17, 2015
A. DHRC COMMITTEE UPDATES
A-1. COMMUNITY ENGAGEMENT COMMITTEE (ROACH)
A-2. EDUCATION COMMITTEE (HENDERSON)
A-2-A. TED TALK MEETING WITH DAN YOUNG
A-2-B. STATE HUMAN RELATIONS COMMISSION FILM SERIES/DISCUSSION
INITIATIVE
(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)
(COMMISSION RECOMMENDED THAT THE CITY POST THE EVENT ON ITS
FACEBOOK PAGE, WEBSITE EVENTS PAGE, AND TWITTER ACCOUNT, IF
AVAILABLE)
(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)
A-3. COMMUNICATIONS COMMITTEE (GRIFFITH)
A-3-A. PRESS RELEASE ON NEW COMMISSION MEMBERS
A-3-B. SUBMISSION OF BIOS AND PHOTOS FOR WEBSITE
B. OLD BUSINESS
B-1. COMMUNITY INVOLVEMENT - PUBLIC RELATIONS INITIATIVE
B-2. UPDATE - FOUR-DAY BASIC MEDIATION TRAINING CONDUCTED BY THE
UNIVERSITY OF DELAWARE INSTITUTE FOR PUBLIC ADMINISTRATION - SCHOOL
OF PUBLIC POLICY AND ADMINISTRATION
B-3. CITY OF DOVER POLICE DEPARTMENT RIDE ALONG PROGRAM AND CITIZENS'
POLICE ACADEMY
B-4. IN-HOUSE RETREAT
B-5. DHRC VACANCIES (THIRD AND FOURTH DISTRICTS)
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COUNCIL AGENDA - JANUARY 11, 2016 PAGE 5
* 10. DOVER HUMAN RELATIONS COMMISSION REPORT - NOVEMBER 17, 2015 (CONTINUED)
C. NEW BUSINESS
C-1. FY 2016/2017 BUDGET
(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)
C-2. 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
(COMMISSION AGREED THAT THE DHRC SHOULD PARTICIPATE IN THE NAACP
1ST ANNUAL COMMUNITY, FAMILY, FELLOWSHIP DINNER, WHICH ALSO INVOLVES
THE DOVER POLICE DEPARTMENT, THE INTERDENOMINATIONAL MINISTERIAL
ALLIANCE, THE FRATERNAL ORDER OF POLICE, AND S. RENEE’S THERE IS MORE
INSIDE)
(COMMISSION AGREED 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)
(COMMISSION AUTHORIZED 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)
C-3. DHRC LOGO
(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)
C-4. DHRC WEBPAGE PHOTO GALLERY
(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)
D. SCHEDULING OF 2016 MEETING DATES
(COMMISSION TENTATIVELY SCHEDULED A MEETING FOR DECEMBER 10, 2015 AT
5:15 P.M.)
* 11. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
DECEMBER 14, 2015
A. REVIEW OF ACTIVE RECREATION AREA PLAN - THE GRANDE, BUILDING 4: PLANNED
NEIGHBORHOOD DESIGN - SENIOR CITIZEN HOUSING OPTION (PLANNING REFERENCE
C-15-04)
(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)
B. REVIEW OF NON-CONFORMING USES
(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)
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COUNCIL AGENDA - JANUARY 11, 2016 PAGE 6
* 11. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
DECEMBER 14, 2015 (CONTINUED)
C. CONCERNS
C-1. PARK LIGHTING (KIRKWOOD AND DIVISION STREETS)
(COMMITTEE RECOMMENDED APPROVAL OF STAFF'S RECOMMENDATION TO
REPLACE THE LIGHTING AND REPAIR THE FENCING AT THE KIRKWOOD AND
DIVISION STREET PROPERTY)
C-2. AVAILABILITY OF SOCCER FIELDS
(COMMITTEE DEFERRED DISCUSSION UNTIL JANUARY 11, 2016)
* 12. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 14, 2015
A. PILOT TAKE HOME VEHICLE AND CARRYOVER PROGRAM
(COMMITTEE RECOMMENDED AUTHORIZING THE CARRYOVER OF FIVE MARKED POLICE
VEHICLES)
B. REQUESTS FOR EXTENSIONS
B-1. BANKING AND CASH MANAGEMENT SERVICES AGREEMENT
(COMMITTEE RECOMMENDED AUTHORIZING THE CONTROLLER/TREASURER TO
EXTEND THE WSFS BANK AND CASH MANAGEMENT SERVICES AGREEMENT
THROUGH AUGUST 2016)
B-2. ADP TIME AND ATTENDANCE, PAYROLL, AND HUMAN RESOURCES ERP SYSTEM
CONTRACT
(COMMITTEE RECOMMENDED AUTHORIZING THE CONTROLLER/TREASURER TO
NEGOTIATE AN EXTENSION OF THE CONTRACT WITH ADP UNTIL JANUARY 1, 2018)
C. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDED
JUNE 30, 2015
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE REPORT)
13. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 11, 2016
(EXCEPT FOR THE FOLLOWING TIME SENSITIVE ISSUE, THE LF&A 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)
A. CITY OF DOVER PROPOSAL FOR USAGE OF BANK SETTLEMENT FUNDS FOR PUBLIC
SAFETY
* 14. MONTHLY REPORTS - NOVEMBER 2015
A. CITY ASSESSOR’S REPORT
B. CITY MANAGER’S REPORT
C. CITY PLANNER’S REPORT
D. CONTROLLER/TREASURER’S BUDGET REPORT
E. ECONOMIC DEVELOPMENT OFFICE REPORT
F. POLICE CHIEF’S REPORT
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COUNCIL AGENDA - JANUARY 11, 2016 PAGE 7
15. EVALUATION OF BIDS
A. DIRECTIONAL BORING CONTRACT
(STAFF RECOMMENDS 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)
B. FIBER OPTIC SYSTEMS MAINTENANCE CONTRACT
(STAFF RECOMMENDS AWARDING A THREE (3) YEAR FIBER OPTIC SYSTEMS
MAINTENANCE CONTRACT TO KCI COMMUNICATIONS INFRASTRUCTURE, AS PER THE
PRICING INCLUDED IN THE BID SUBMITTAL)
C. LANDSCAPING SERVICES CONTRACT
(STAFF RECOMMENDS 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)
D. RETREAT PUMP STATION REPLACEMENT
(STAFF RECOMMENDS 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)
E. UNDERGROUND LINE WORK
(STAFF RECOMMENDS 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)
16. RATIFICATION OF ACTION - EARLY CLOSING ON DECEMBER 24, 2015
17. AUTHORIZATION TO CREATE BUSINESS RETENTION RATE SCHEDULE
(STAFF RECOMMENDS AUTHORIZATION TO CREATE THE BUSINESS RETENTION RATE
SCHEDULE (BR) AS PRESENTED)
* 18. APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC) DIRECTOR
AND ALTERNATE DIRECTOR (SCOTT D. KOENIG AND DONNA S. MITCHELL)
* 19. 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)
* 20. 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)
21. COUNCIL MEMBERS’ ANNOUNCEMENTS
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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.
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on November 23, 2015 at 5:01 p.m. with Council President
Slavin presiding. Members present were Mr. Anderson (arrived at 5:06 p.m.), Mr. Cole, Mr. Hare (arrived at
5:37 p.m.), Mr. Hosfelt, Mr. Hutchison, Mr. Lewis, and Mr. Neil. Mr. Sudler was absent.
Council staff members present were Mr. Rodriguez (departed at 5:09 p.m.), Mr. Koenig, Mr. Hudson,
Mrs. Mitchell, and Mrs. McDowell. Mayor Christiansen and Mr. Harry Maloney, Electric Director,
(departed at 6:01 p.m.) were also present.
Council President Slavin amended the agenda to consider items in the following order: Ward
Transformer Suit - OU-1-Remediation; Consideration of Hardship Created by Commercial Electric
Rates; and Sale of Real Property.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, as amended. The motion was seconded by
Mr. Hutchison and unanimously carried.
Mr. Neil moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(6) -
discussion of the content of documents excluded from the definition of "public record" in
§10002 of this title where such discussion may disclose the contents of such documents
(§10002 (l)(2) - trade secrets and commercial or financial information obtained from a person
which is of a privileged or confidential nature); pursuant to 29 Del. C. §10004(b)(2) -
preliminary discussions on site acquisitions for any publicly funded capital improvements, or
sales or leases of real property; and pursuant to 29 Del. C. §10004(b)(4) - strategy session
(pending litigation). The motion was seconded by Mr. Hutchison and unanimously carried.
The Special Meeting recessed at 5:02 p.m.
Mr. Neil moved to adjourn the Executive Session, seconded by Mr. Hutchison and
unanimously carried.
Executive Session adjourned at 6:18 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Consideration of Hardship Created by Commercial Electric Rates
During the Executive Session, Mr. Scott Koenig, City Manager, advised members of a proposed
Economic Retention Rate for the purpose of attracting new businesses and retaining existing
businesses.
Mr. Neil moved to appoint the City Manager, the Mayor, and the Chair of the Legislative,
Finance, and Administration Committee to negotiate an Economic Retention Rate. The motion
was seconded by Mr. Hosfelt and unanimously carried.
Sale of Real Property
During the Executive Session, Mr. Scott Koenig, City Manager, advised members of two (2) offers
to purchase City properties and the potential purchase of a piece of property by the City.
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SPECIAL COUNCIL MEETING OF NOVEMBER 23, 2015 PAGE 2
Mr. Anderson moved to authorize the City Manager to obtain appraisals of the properties
discussed. The motion was seconded by Mr. Cole and unanimously carried.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
The Special Meeting adjourned at 6:27 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of November 23, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on December 9, 2015 at 6:39 p.m. with Council President
Slavin presiding. Members present were Mr. Anderson (departed at 7:02 and returned at 7:49 p.m.),
Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Hosfelt (departed at 6:46 p.m. and returned at 6:49 p.m.),
Mr. Hare (departed at 6:50 p.m. and returned at 6:52 p.m.), and Mr. Hutchison. Mayor Christiansen was also
present (departed at 6:55 p.m.).
Staff members present were Mr. Koenig (departed at 6:46 p.m. and returned at 6:49 p.m.), Mrs. Mitchell,
Mrs. Townshend, Mr. Rodriguez, and Mrs. McDowell.
ADOPTION OF AGENDA
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE FOR
PROPERTY LOCATED AT 1124 FORREST AVENUE, OWNED BY ENNIS BUSINESS
ASSOCIATES, LLC
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 1124 Forrest Avenue, owned by Ennis Business Associates, LLC.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that there had been nine (9) code enforcement cases on this property since 2005, including exterior
code violations, dilapidated buildings, a number of grass violations, and parking on the grass. There
had also been a number of occasions when the City had hired a contractor at great expense to have
the grass cut. Mrs. Townshend advised members that the utilities were terminated on
December 8, 2014, and the building was registered as vacant on May 11, 2012 and secured by the
City on June 29, 2015. It had been a source of complaints from neighbors and the general public.
She noted that it was located on Route 8, across the street from the Modern Maturity Center in a
highly visible corridor. Mrs. Townshend explained that there were a number of outstanding charges
against the property, including $731.50 in unpaid taxes and code citations, and it was currently on
the Sheriff's sale list. She indicated that staff was bringing it forward under the code definitions as
unfit for habitation, general welfare, code violations, and unoccupied buildings.
Mrs. Townshend reviewed a presentation depicting the condition of the structure (Exhibit #1).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by January 9, 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; 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.
Responding to Mr. Hutchison as to whether there was a contract on this property, Mrs. Townshend
stated that she had been told there was a pending contract; however, staff’s experience had been that
simply selling a property does not alleviate its condition. She indicated that the property needed to
be demolished, and whether it was demolished before or after the property was sold was of no
consequence to the City.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 2
Mr. Anderson stated that typically the staff recommendation is to order the property “repaired or
demolished” by a date and questioned the reason that “repair” was not included in the
recommendations for the properties being considered. Responding, Mrs. Townshend explained that,
going forward, all staff recommendations would be to order buildings to be demolished. She
explained that before these buildings come to Council, staff spends months, if not years, trying to
compel compliance and when time had been given for repair, there were very few cases where
repairs were actually made. In some cases, buildings had gotten to the point of being less dangerous
but had never quite gotten a Certificate of Occupancy or become occupied and they remained in a
limbo situation until they were brought back to Council. Mrs. Townshend indicated that staff tries
to work with people and if they are diligently working on the property at the date set by Council they
are allowed to proceed; however, perhaps six (6) months later, they stop working, the building never
gets finished, and half-done buildings continue to be vacant, remain a blight, and fall into
deterioration. She stated that, in staff’s experience, by the time a building gets to Council, it really
needs to be demolished. Mrs. Townshend advised members that if Council wished to allow time for
repair, it would be Council’s option to amend the staff recommendation.
Responding to Mr. Neil, Mrs. Townshend confirmed that Council’s order to demolish would transfer
to the purchaser of the property, who would be required to demolish it.
In response to Mr. Lewis regarding the City’s cost to demolish these buildings, Mrs. Townshend
explained that the cost of demolition for each building brought forward was stated on the related
Council Action Form. She estimated the costs for this building at approximately $25,000 due to the
number of outbuildings and because there was a bit of asbestos. The property owner had told
Mrs. Townshend that it would be demolished when sold and she noted that it would be to the
owner’s benefit to demolish it so that the City does not do the work and then place a lien on the
property.
Responding to Mr. Lewis as to whether the City could recoup this money, Mrs. Townshend stated
that if the property were demolished, the City would place a lien on it, which would be paid when
the land sells. In this case, because it was a commercial property, she felt that the City would
probably recover the cost; however, in some cases the City had more invested in the demolition than
the overall land is worth.
In response to Mr. Sudler regarding an asbestos test report, Mrs. Townshend explained that asbestos
testing is not done until just before the demolition contract is let. According to the process, 10 days
after the date set by Council an asbestos survey is done, which typically costs in the range of $1,000
unless there is a lot of material to be tested. Mrs. Townshend noted that abatement can be costly if
there is a lot of asbestos.
From his experience, Mr. Sudler estimated that if asbestos was present it would run $6,000 or more
just for the asbestos tests and questioned how the overall budget is affected when units are
demolished.
Mrs. Townshend informed members that staff budgets funds for demolitions, noting that demolitions
are not done because the City is trying to provide a service to the property owner, make money from
the property sale, or even recover the City’s full costs but because of blight and nuisance, noting that
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 3
in some cases there had been fires in dangerous buildings. Mrs. Townshend expressed her hope,
once Council acted, that the property owner or equitable owner would proceed with demolition so
that the City would not have to do so. She stated that if not for demolitions done by the City or a
property owner due to Council’s order to demolish, the City would have dilapidated structures still
standing, posing a nuisance and a threat to the community.
Mr. Sudler expressed concern regarding the effect on the budget for the upcoming fiscal year.
Responding, Mrs. Townshend referred to the Council Action Form submitted in regard to this
building, which indicated that $44,619 remained in the demolition budget, which was more than
enough funds for the current fiscal year.
Council President Slavin declared the public hearing open.
Mr. Bruce Ennis, managing member of Ennis Business Associates, LLC, 444 Troon Road, stated his
confusion regarding tonight’s proceedings. He indicated that the certified letter and notice they
received stated that the Department of Planning and Inspections inspected the exterior of the
dwelling and found that no repairs had been made and the building was in violation of the Dangerous
Building Ordinance. It also stated that “At the hearing, the staff will recommend that Council order
the building to be demolished.” Mr. Ennis advised members that he took the “building” to be the
“dwelling” and he just noticed on the meeting agenda that staff recommended declaring “the
buildings and all accessory structures” dangerous. Mr. Ennis stated that this was the first time he
was aware that the City was involved with the accessory structures, reiterating that the notice they
received just said “dwelling” and referenced “building” after that point.
Mr. Ennis advised members that they had told their tenants that the notice did not involve accessory
structures, so these tenants were not aware of the hearing tonight. He explained that there were
two (2) properties involved, 1124 and 1128 Forrest Avenue, with a dwelling on each property.
Mr. Slavin stated that 1124 was being discussed now and 1128 would be discussed subsequently.
Mr. Ennis noted that the asbestos was at 1128 Forrest Avenue, not 1124 Forrest Avenue.
Mr. Ennis stated that his family bought the 1124 Forest Avenue property in the 1930s, his father had
a house built there, and he himself had lived there. When his parents passed away, they tried to
maintain it but the costs got beyond them. Mr. Ennis explained that the property had been listed for
sale for a number of years, first with Burns & Ellis Realty and this past summer with R&R Realty.
Mr. Ennis indicated that a signed contract was expected by Friday, December 11, 2015, and the
buyer had indicated their intent to demolish everything on the properties at 1124 and 1128 Forrest
Avenue, including all improvements, vegetation, trees, and shrubs. The purchaser was asking for
a feasibility study, with settlement immediately after that. Mr. Ennis requested that Council bear
with them to allow the purchaser to complete the study, which should not take more than six (6)
months, noting that part of the timeframe required would depend on the City approving the
purchaser’s permits as they go through the process. If this were allowed, it would be the purchaser’s
obligation to demolish the buildings and not the current owner’s expense. Mr. Ennis requested, for
their tenants, his family, and his corporation, that they be allowed to go forward with the contract,
the feasibility study, and subsequent demolition.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 4
Mr. Sudler questioned if there was supporting documentation that would verify there was no asbestos
at 1124 Forrest Avenue. Responding, Mr. Ennis indicated that this property had been in his family
and he was not aware of any asbestos there; however, he reiterated that there was asbestos at 1128
Forest Avenue.
In response to Mr. Neil, Mr. Ennis stated that there were no tenants currently living at the property.
He explained that the accessory structures, including five (5) garages at the back of the property,
were rented out to different tenants on a month-to-month basis and he confirmed that the house had
been vacant for an extended period of time.
There being no one else present wishing to speak, Council President Slavin declared the public
hearing closed.
Mr. Lewis moved for approval of staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished by January 9, 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. The motion was seconded by Mr. Neil.
Mr. Hare stated that Mr. Ennis had brought up a good point in saying that the letter he was sent
referenced a “dwelling” and not the accessory buildings. Mr. Hare also noted, with the City’s current
budget, that if there was a signed contract for purchase of the property and someone else would pay
to demolish it, it might be worth letting them do this.
Mr. Lewis questioned if the City would recoup the funds. Responding, Mrs. Townshend stated that
if the City were to demolish the buildings and the property was transferred, the City would collect
the demolition cost, as well as the delinquent taxes and other lienable items outstanding at the
property transfer.
Mr. Sudler expressed agreement that the unit needed to be demolished; however, he requested clarity
from Mr. Nicholas Rodriguez, City Solicitor, regarding the accessory structures versus the dwelling.
Responding, Mr. Rodriguez indicated that he was unsure how this matter was advertised and referred
the question to Mrs. Townshend.
Mrs. Townshend advised members that the letter stated that, “Staff will recommend that Council
order the building to be demolished, either by the owner or the City. You may present testimony to
City Council stating as to why the house should not be declared dangerous and ordered demolished.”
Based on this, she advised members that if Council wanted to order the house but not the accessory
structures demolished, staff would proceed with that.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 5
Mr. Sudler thought that this would be the only fair thing to do since the correspondence clearly
identified only the dwelling and not the accessory structures. He offered an amendment to proceed
with the dwelling only and not the accessory structures. Mr. Lewis, the maker of the motion, and
Mr. Neil, the seconder, agreed to the amendment.
The motion to accept staff’s recommendation for the dwelling only and not the accessory
structures was carried by a unanimous roll call vote (Anderson absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE FOR
PROPERTY LOCATED AT 1128 FORREST AVENUE, OWNED BY ENNIS BUSINESS
ASSOCIATES, LLC
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 1128 Forrest Avenue, owned by Ennis Business Associates, LLC.
Mrs. Ann Marie Townshend, Director, Planning and Community Development, advised members
that this property was located adjacent to the property discussed previously on a separate tax parcel.
She stated that the property had 21 code enforcement cases since 2001, including abandoned
vehicles, exterior violations, broken windows, and dilapidated structures. Mrs. Townshend noted
there were also tall grass and weed violations, and in some cases the City had incurred the cost to
have the property cut. She indicated that utilities were terminated in April 2012 and the building was
registered as vacant in May 2012. On October 8th, 2015, staff placed the building on the dangerous
building list due to no active utilities and numerous open code violations. Mrs. Townshend stated
that staff receives a lot of complaints about this property because of its location on Route 8 directly
across from the Modern Maturity Center.
Mrs. Townshend indicated that $2,150 was owed in unpaid citations, fees, and grass cutting. She
stated her belief that this may also include taxes and noted that the property was currently on the
Sheriff’s sale list due to delinquent taxes. Mrs. Townshend informed members that staff brought this
property forward as unfit for habitation, general welfare, code violations and unoccupied buildings
and that the letter sent to the property owner specified the “dwelling” and did not address the
accessory structures. She stated that she would make sure in the future this is caught before letters
are sent. Mrs. Townshend advised members that her amended recommendation would apply to the
building.
Mrs. Townshend reviewed a presentation depicting the condition of the structure (Exhibit #2).
Staff’s amended recommendation was to: 1) declare the building dangerous; 2) order the property
demolished by January 9, 2016 by the owner or equity owner at their own risk; 3) order 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; 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.
Responding to Mr. Slavin, Mrs. Townshend stated that this recommendation was for the dwelling,
which was the principal structure.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 6
In response to Mr. Hare, Mrs. Townshend stated that there were no pictures of the inside of the
dwelling, noting that staff had not been able to get inside since it was secured and staff does not force
entry.
In response to Mr. Hare regarding the reason for the demolition, Mrs. Townshend stated that the
property had been a code enforcement issue since 2001 and had been vacant since at least 2012.
Staff had routinely received complaints and the owner had been unresponsive to maintaining the
house and the grass, which the City had been cutting. The property was on the delinquent tax list
and had all the signs of an abandoned property.
Mr. Hare expressed his desire to understand why it was a dangerous building, stating that it was
secure and staff could not get inside it. He acknowledged that there were overgrown trees and
shrubs; however, he stated that there were many homes in Dover that looked worse than this
property, were eyesores, and had neighbor complaints.
Responding, Mrs. Townshend indicated that there was vegetation that, in addition to being
overgrown, was interfering with the structure. The property as a whole was not being maintained
and the City was incurring costs of $300 or $400 to hire a contractor to cut the grass, which had been
cut because it was two (2) or three (3) feet tall.
Mr. Hare questioned if the property was a dangerous building or an eyesore. Responding,
Mrs. Townshend stated that staff brought it to Council because they believed it was a dangerous
building and that it was at Council’s discretion to determine if the property is dangerous.
In response to Mr. Sudler, Mrs. Townshend stated that staff had not inspected the foundation to
determine if there were cracks. She advised members that when she met with the property owner
in October he indicated that he did not want to pay the vacant building fees and had no intention of
repairing or renovating the property, noting that the houses were a negative on the value of the
property and needed to be demolished. Mrs. Townshend advised that the property owner had asked
if the City would demolish it. She felt that if he was not interested in repairing or demolishing the
buildings, the options were to let them sit and crumble or demolish them.
Council President Slavin declared the public hearing open.
Mr. Bruce Ennis, managing member of Ennis Business Associates, LLC, 444 Troon Road, requested,
for the same reasons that were given during the discussion regarding the property at 1124 Forrest
Avenue, that they be allowed to proceed with a contract and have the new buyer demolish the
property when he receives title to it. He indicated that the contract should be signed with a deposit
within the next two (2) days and the purchaser was looking for a six (6) month feasibility period and
settlement as soon as the study was completed.
Mr. Ennis expressed agreement with Mr. Hare’s comments, stating that he could not see how
vegetation deals with structure. He acknowledged that there was vegetation, including trees and
overgrown shrubs, around the house; however, he thought that the interior of the building was
structurally sound. Mr. Ennis indicated that they had rented the property out over the past years. It
was his understanding from a conversation with a City inspector a couple of years ago that it was
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 7
structurally sound, noting that the inspector only made recommendations regarding electrical service.
Mr. Ennis indicated that the property had not really deteriorated since that time, noting that there
were no roof leaks. Although there was some vandalism at the back of the house, there was not as
much as there had been at 1124 Forrest Avenue, and they had secured the back door by nailing it up.
He stated that accessory outbuildings had been rented and tenants come and go.
Mr. Ennis explained that there is a meadow at the rear of this parcel and stated his understanding that
there must be a 20-foot strip around this meadow where it adjoins a residential property. He stated
that it was this 20-foot strip that the City had arranged to have mowed, noting that the cost was
approximately $400 for each mowing. Mr. Ennis advised members that he cuts the grass on the front
of the property around the house and there had been one (1) or two (2) citations over the years for
high grass; however, he reiterated that the bulk of the grass-cutting bill, in the hundreds of dollars,
was for cutting at the rear of this property, which is also owned by Ennis Business Associates.
Mr. Neil stated his understanding that the person who planned to purchase the two (2) buildings
would demolish them and asked if this would render the question of whether or not it was a sound
building moot. He felt that Mr. Ennis had done a disservice by not taking care of the buildings and
by putting the City in the position of having to cut the grass, noting that this was not good citizenry.
Responding to Mr. Hosfelt as to why the fees and fines had not been paid to this point, Mr. Ennis
stated that his family paid fees and fines for five (5) or six (6) years after his parents passed away,
but the costs got beyond them due to the amount of rent they were getting for the property and the
amount of the expenses. For this reason the taxes and fees had built up over the past two (2) years.
In response to Mr. Hosfelt regarding when the house was last rented, Mr. Ennis stated that they
currently had month-to-month tenants on the back of the property and the house had been rented
until four (4) or five (5) years ago when the structure was torched.
Responding to Mr. Sudler as to whether an engineer had determined if the structure was sound,
Mr. Ennis stated that there was no report. Mr. Ennis noted that the surrounding properties were
commercial and indicated that only City Assessor felt the house had value and everyone else told him
the house was a negative. He felt this was a no-win situation and questioned why they should put
$20,000 to $40,000 into upgrading a house that would be demolished as soon as it is sold.
There being no one else present wishing to speak, Council President Slavin declared the public
hearing closed.
Mr. Neil moved to demolish the dwelling, as recommended by staff, seconded by Mr. Cole and
carried by a unanimous role call vote (Anderson absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE FOR
PROPERTY LOCATED AT 325 NORTH NEW STREET, OWNED BY JOSEPH R. AND
JAMES E. KOSTACK
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 325 North New Street. Mrs. Ann Marie Townshend, Director of Planning and
Community Development, advised members that the property was located on North New Street, just
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 8
north of Mary Street, and had 20 code enforcement cases since 2004, including numerous tall grass
and weed cases, junk and debris in the yard, and broken windows and doors. Utilities were
terminated in December of 2012 and the property was registered as vacant in December 2013. It was
condemned by City staff in August 2015 due to no active utilities, open code violations, unlocked
doors, and subjects gaining access to the property. Mrs. Townshend explained that there had clearly
been illegal drug use and sexual activity in the property that was detrimental to the adjoining
neighboring properties. She advised members that there were outstanding charges of approximately
$6,900 in taxes, utilities, code enforcement citations, and fees. Mrs. Townshend noted that the
property was on the Sheriff’s sale list, meaning that it was two (2) years delinquent in taxes, and was
being brought forward as unfit for habitation, general welfare, code violations, unoccupied buildings,
and clear evidence of drug use in the property.
Mrs. Townshend reviewed a presentation depicting the condition of the structure (Exhibit #3).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by January 9, 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; 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.
Mr. Hare questioned if the property would be demolished if the owner were to fix it all up in the next
three (3) weeks. Responding, Mrs. Townshend stated that if Council ordered it demolished, the
property would be demolished unless Council altered their action. She reiterated that staff’s typical
recommendation had changed to eliminate the option to repair since a number of buildings had
gotten halfway there and owners stopped their repairs. Mrs. Townshend indicated that if Council
wanted to give the property owner the alternative to repair, that was their prerogative. She noted that
the property owner had not contacted Staff and the property was on the Sheriff’s sale list.
Mr. Hare expressed the desire not to demolish a property that had been completely fixed up and
noted that a 100% repair provision could be added. Responding, Mrs. Townshend stated she did not
feel there was any danger of this happening with any of the properties currently being considered.
Mrs. Townshend stated that if Council approved Staff’s recommendation, Staff would not issue any
permits for the property; therefore, if work was done it would be done without a permit.
In response to Mr. Sudler, Mrs. Townshend confirmed that the property owner would have to pay
the taxes before they could get a permit. She explained that the City’s clean hands ordinance does
provide an exception for dangerous buildings.
Mr. Sudler questioned if staff would issue a permit if Council approved additional time and the
owner paid the taxes. Responding, Mrs. Townshend stated that a permit would be issued if
Council’s motion included an option to repair, but not under Staff’s recommendation as stated.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 9
Mr. Hare indicated that he would not have a problem if the property owner paid the taxes and the
City issued a permit, but he felt this should be done within 30 days or the demolition would occur.
Mrs. Townshend stated that there were a number of houses where the owner had obtained a building
permit and spent thousands of dollars to repair but had not quite gotten them to where they needed
to be. The City was left in a position of determining whether to demolish what thousands of dollars
had been spent on before the owner ran out of money. She stated that when the permits expire, they
would not be renewed and the City would proceed with demolition because the properties had
already been before Council. Mrs. Townshend had changed her recommendation to no longer allow
repair in order to keep the City from being in that position. She reiterated that it was Council’s
prerogative to give more time, noting that in this case the property owner had not been responsive
to the City or to the Sheriff sale notices and had not paid taxes.
Mr. Hare indicated that he did not feel more time should be given on this property.
Council President Slavin declared the public hearing open and, with there being no one present
wishing to speak, the public hearing was closed.
Mr. Hare moved for approval of Staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished by
January 9, 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. The motion was seconded by Mr. Hosfelt and carried by a unanimous roll call vote
(Anderson absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE FOR
PROPERTY LOCATED AT 2 SOUTH QUEEN STREET, OWNED BY KZ FOREVER, LLC
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 2 South Queen Street. Mrs. Ann Marie Townshend, Director, Planning and
Community Development, advised members that this property was located at the corner of Division
and Queen Streets and was acquired by the current owner at a Sheriff's sale in February 2015. She
stated that in 2015 the property had 10 code enforcement cases. There were interior violations from
a housing inspection, damaged exterior wall siding, broken windows and glass in the window areas,
numerous grass violations, cases where the City had cut the grass, and exposed electrical wiring.
Mrs. Townshend stated that prior to 2015, there were 20 other cases dating back to 2000, including
housing inspections that took a while to resolve, grass violations, and exterior violations. She
indicated that the property was registered as vacant on November 23, 2015 and had been condemned
by Staff in June 2015 due to no active utilities in Unit B, a number of open code violations, unlocked
doors, and people gaining access to the property. Mrs. Townshend stated that there were a number
of related outstanding charges including a $250 vacant building registration fee, $200 in unpaid grass
citations and cutting charges, $270 in delinquent taxes, and almost $1,300 in delinquent utilities.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 10
She explained that the property was being brought forward as unfit for habitation, general welfare,
code violations, and unoccupied buildings.
Mrs. Townshend reviewed a presentation depicting the condition of the structure (Exhibit #4). She
advised members that Staff had stated that a structural engineering report, an electrical inspection,
and a lot of work were needed on the property. Mrs. Townshend informed members that the
property was in a very highly visible location. She noted that inspectors had talked to the property
owner shortly after she acquired it and she was sent notices, so she was aware of its condition.
Staff’s recommendation was to: 1) declare this building and all accessory structures on this property
dangerous; 2) order the property demolished by January 9, 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.
Mr. Sudler questioned why an engineering report was being required for this property but not for the
other properties discussed. Responding, Mrs. Townshend indicated that this property owner had
indicated that she wanted to repair it and, because of the structural issues they were seeing, Staff had
stated that, before she could be issued a permit for repairs, a structural engineering report would be
necessary. She explained that staff was concerned about holes around the foundation and the fact
that a lot of the wood structure was not properly covered by siding. If the property were demolished,
a structural report would not be needed. In regard to the other properties discussed earlier in the
meeting, she stated that Mr. Ennis had not expressed any interest in repairing his properties and the
other property owner was entirely unresponsive.
Mr. Sudler stated, for the record, that he would recuse himself from this case because he was related
to the owner, noting that he had not known she was the owner until today.
Council President Slavin declared the public hearing open.
Ms. Zionna Adamolekun, 9 East Loockerman Street, Suite 301, advised members that she acquired
this property in February and, within one (1) week, received a call from an inspector stating that her
tenant had complained that there was no water. Two (2) or three (3) plumbers fixed the plumbing
and restored water over the winter, causing a hole in the floor and ceiling. Ms. Adamolekun
indicated that the tenants had unsuccessfully tried to sue her for the lack of water, appealed the
decision, and were again unsuccessful. She indicated that she had to wait for this matter to go
through the courts and she eventually evicted the tenants in June or July 2015, which took a lot of
time, money, and effort.
Ms. Adamolekun advised members that Mr. Jared Boesenberg and another City inspector came to
her property early on, stating that the interior would need to be inspected. She subsequently received
a call from Mr. Boesenberg asking if she had received a letter sent to her at 622 West Division
Street, which she did not receive, and she requested that he send letters to her office instead.
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SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 11
Ms. Adamolekun stated that Mr. Boesenberg noted the address change and indicated that all future
notices would be sent to her new address; however, she indicated that she had not received a lot of
those notices.
Ms. Adamolekun informed members that she received a telephone call from Mr. Tim Taraila, Chief
Building Inspector, on approximately November 30, 2015 stating that the hearing to have her
property demolished would be rescheduled. She indicated that she was confused, not knowing how
it reached this point because she had been trying to reach Mr. Taraila all summer. Ms. Adamolekun
stated that when Mr. Boesenberg informed her that the interior of the property needed to be
inspected, she told him she would like him to do this before proceeding with any repairs because she
would like to know the total cost before putting another dollar into the property. Mr. Boesenberg
had informed her there were a lot of previous violations with the property. She indicated that the
inspection never took place and every time she went by the property, she would see notices on the
door that the City had issued a citation. She found a few of the notices unclear. Ms. Adamolekun
noted that she had received a couple of citations initially for grass not being cut and began cutting
the grass and taking care of shrubs growing on the side of the property. The tenant told her that he
had been living there five (5) years and did not cut the grass as he said he would.
While talking with Mr. Taraila on November 30th, Ms. Adamolekun told him that she had been down
to the City’s Office four (4) or five (5) times and had called several times. On one (1) occasion, she
met Mr. Boesenberg in the lobby and was told that he could not talk to her about this property and
referred her to his supervisor, Mr. Taraila. When asked to get Mr. Taraila, Mr. Boesenberg indicated
that he was not there.
During her phone conversation with Mr. Taraila, Mrs. Adamolekun advised him that she had been
trying to get hold of him all summer so that the City could do an interior inspection. Mr. Taraila
advised her to schedule an appointment to take this matter up with Mrs. Townshend and an
appointment was scheduled for November 2, 2015.
Ms. Adamolekun indicated that she had attended a public meeting at the Dover Public Library where
Mrs. Townshend discussed the Downtown Development District and related incentives. She recalled
some residents voicing their concerns at this meeting about codes being enforced, since they may
not have the money to do all the repairs, and Mrs. Townshend had assured the general public that
the City would work with them and give them time to repair property. Ms. Adamolekun indicated
that she did not find this to be true. She met Mrs. Townshend at her office thinking that there was
surely a misunderstanding and that she would go in and explain why she had not done any repairs
on the property, which she tried her best to maintain. Ms. Adamolekun advised members that she
had been afraid to go to the property because the tenant had cursed at her on several occasions, told
her that it was his house, and tried to sue her in court. She had explained this to Mr. Boesenberg in
February, advising him that she would need a couple of months, not knowing that she would be in
court several times extending until about June. Ms. Adameolekum advised members that
Mrs. Townshend would not hear her out in terms of her explanation that the tenant was not allowing
access and tearing up the property, which she did not want to put money into. She stated that when
the tenants were finally out of the property, Mrs. Townshend accompanied Mr. Boesenberg on a
property inspection. Ms. Adameolekum questioned whether Mrs. Townshend was qualified to do
inspections.
Page 21
SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 12
In response to Mr. Slavin’s request to explain how she planned to address the issues of the property,
Ms. Adamolekun stated that the interior inspection was completed on November 27, 2015. She
indicated that she had received a notice in the mail giving her nine (9) days to complete all repairs
and she replied to Mrs. Townshend in writing, stating that she needed at least 90 days, and she also
telephoned because she felt she was being treated unfairly. Ms. Adamolekun explained that she had
asked for help from Representative Sean Lynn, whose office had called Mrs. Townshend and was
told initially that Ms. Adamolekun had only to get a structural engineer's report, an electrical
inspection, and pay the fees by the specified date and that all repairs did not have to be completed
by that date. She then received another letter stating that City Staff had gone back by the property
and the repairs were not done. Ms. Adamolekun advised members that she had not been afforded
the opportunity to address the property since it was condemned immediately when the tenant moved
out due to not having electricity. She had gone to City Hall to question if the entire property would
be condemned since only one (1) unit did not have electricity.
Ms. Adamolekun stated that she did not appreciate the way that she had been treated. She indicated
that the words “blight”, “nuisance”, and “eyesore” had been used; however, she felt that the property
could not be torn down because someone did not like the way it looks. She stated that
Mrs. Townshend had stated that the structure was dilapidated and there was wood rot behind the
siding, but she questioned how Mrs. Townshend knew this and if she was an expert in this area.
Ms. Adamolekun stated that Mrs. Townshend did not find any soft spots in the siding. She explained
that she had a structural person come to the property a couple of weeks ago. Although
Ms. Adamolekun had no written reports yet from the structural person since he was on vacation;
however, he had informed her that the dwelling was structurally sound.
Ms. Adamolekun requested that the City stop attacking her, give her some breathing room, and allow
her to address some of the issues with the property. She indicated that Mrs. Townshend had
mentioned that there were people “hanging out” at the property; however, she stated that this was
untrue, the property was secure, and she rides by it every day on her way to work. Ms. Adamolekun
advised members that she is a small business owner and resident and did not appreciate being treated
the way she was treated. She did not agree with Council demolishing her property because someone
did not like the way that it looked, stating that she did not know what the motive was. She indicated
that when staff inspected it, they remarked that the panel box had not been inspected since 1987,
noting that this was not her fault since she had just bought it in February. She felt that the City had
not been fair. Ms. Adamolekun indicated that she had attended other public meetings when there
had been discussions about absentee owners who do not care about the property, but she advised
members that she did not fit this bill.
Responding to Mr. Neil, Ms. Adamolekun stated that this was her first multi-unit investment
property in the City of Dover and there were two (2) additional properties outside of City limits. She
indicated that she bought the property “as is” and did not really know its condition.
Ms. Adamolekun indicated that she was aware there were City requirements and she estimated that
it would take her approximately six (6) months to bring the property up to City code.
In response to Mr. Hutchison, Ms. Adamolekun estimated the cost of bringing the residence up to
livable condition at under $10,000.
Page 22
SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 13
Mr. Anderson questioned how long it would take to bring the property up to Code. Responding,
Ms. Adamolekun indicated that she thought “Code” and “livable” were the same. Mr. Anderson
expressed the desire to make sure that everyone’s understanding was the same, because if Council
were to grant an extension, chances were that the matter would not be brought to Council in the
future but would be left to Staff. He felt that all code requirements should be met and there should
be a Certificate of Occupancy.
Ms. Adamolekun questioned if the building could be demolished because Mrs. Townshend did not
like the asphalt siding. She indicated that she had been trying to ask these questions for months and
questioned if the City could determine the type of siding that she puts on a property. She noted that
there were missing shingles and the siding was dated in style, but it was not falling apart.
Ms. Adamolekun stated her goal to replace the siding and have it as beautiful as some of the houses
built on Kirkwood Street, but this would take money. She indicated that she was asking for fairness
and compassion and advised members that the property had been condemned all summer and that
the individual she sent to clean the property out had been harassed by inspectors.
In response to Mr. Hosfelt, Ms. Adamolekun stated that Mr. Mick Mikula, a local engineer, had
looked at the property.
There being no one else wishing to speak, Council President Slavin declared the public hearing
closed.
Mr. Neil stated that he was in favor of tabling this matter for three (3) months because he thought
members needed to see what the inspection showed from Ms. Adamolekun’s people and whether
this building could be saved. If it could be saved, he thought the City should give her that
opportunity. Mr. Neil thought the City had to hold property to a standard, particularly in the
downtown area that the City was attempting to rejuvenate. He moved to table action for three (3)
months to see where it stands as far as progress is concerned. The motion was seconded by
Mr. Anderson.
Based on the discussion, Mr. Hutchison did not feel that the property was close to where it needed
to be. He stated, rather than delaying this matter for 30 or 90 days, that members should give the
owner 15 days to get an estimate of what it would cost and then she could address whether or not
she had the means to be able to fix it.
Mr. Slavin asked if Mr. Neil would be willing to amend the motion to bring the estimates back to
Staff in 15 days and put it on the January 11, 2016 Council agenda. Mr. Neil and Mr. Anderson
agreed to the amendment.
For clarification, Mr. Slavin stated that the motion was to have the property owner provide staff with
estimates within 15 days and place the matter on the January 11, 2016 agenda for Council discussion.
The motion to have the property owner provide Staff with estimates within 15 days and to
place the matter on the January 11, 2016 agenda for Council discussion was carried by a roll
call vote of eight (8) yes (Anderson, Neil, Lewis, Cole, Hosfelt, Hare, Hutchison, and Slavin)
and one (1) abstention (Sudler).
Page 23
SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 14
Mr. Neil moved for adjournment, seconded by Mr. Cole and unanimously carried.
The Special Council Meeting adjourned at 8:04 p.m.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of
December 9, 2015 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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Exhibits
Exhibit #1 - Presentation - Violation of the Dangerous Building Ordinance - 1124 Forrest Avenue
Exhibit #2 - Presentation - Violation of the Dangerous Building Ordinance - 1128 Forrest Avenue
Exhibit #3 - Presentation - Violation of the Dangerous Building Ordinance - 325 North New Street
Exhibit #4 - Presentation - Violation of the Dangerous Building Ordinance - 2 South Queen Street
Page 24
EXHIBIT #1
Special Council Meeting of 12/09/2015
Violation of Dangerous
Building Ordinance
1124 Forrest Ave
Planning & Inspections Department
Dover, Delaware
December 9, 2015
EXHIBIT #1
Special Council Meeting of 12/09/2015
Page 25
1124 Forrest Ave
Case History
9 code enforcement cases since 2005
– Exterior code violations – dilapidated buildings
– Numerous grass violations – parking on the grass
The utilities were terminated on December 8, 2014
Registered as vacant by the city on May 11, 2012
Secured by the City on June 29, 2015
Source of neighbor complaints
Outstanding Charges
– $731.57 in unpaid taxes and code citations
– Currently on the Sheriff sale list
Page 26
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 47
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by January 9, 2016 by the owner
or equity owner at their own risk.
Order the Building Inspector to cause demolition of the structures
if not completed by the owner within 10 days of the date
established by City Council.
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.
Page 48
EXHIBIT #2
Special Council Meeting of 12/09/2015
Violation of Dangerous
Building Ordinance
1128 Forrest Ave
Planning & Inspections Department
Dover, Delaware
December 9, 2015
EXHIBIT #2
Special Council Meeting of 12/09/2015
Page 49
1128 Forrest Ave
Case History
21 code enforcement cases since 2001
– Exterior code violations – abandoned vehicles
– Broken window panes – dilapidated structures
– Numerous tall grass and weed violations
The utilities were terminated on April 4, 2012
Registered as vacant by the city on May 11, 2012
On October 8, 2015, City Staff placed the property
on the dangerous building list due to no active
utilities with numerous open code violations.
Source of neighbor complaints.
Outstanding Charges
– $2,150.00 in unpaid citations, fees and grass cuttings
– Currently on the Sheriffs sale list
Page 50
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 64
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by January 9, 2016 by the owner
or equity owner at their own risk.
Order the Building Inspector to cause demolition of the structures
if not completed by the owner within 10 days of the date
established by City Council.
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.
Page 65
EXHIBIT #3
Special Council Meeting of 12/09/2015
Violation of Dangerous
Building Ordinance
325 N New St
Planning & Inspections Department
Dover, Delaware
December 9, 2015
EXHIBIT #3
Special Council Meeting of 12/09/2015
Page 66
325 N New St
Case History
20 code enforcement cases since 2004
– Numerous tall grass and weed cases
– Junk & debris in yard – broken windows and doors
The utilities were terminated on December 9, 2012
Registered as vacant on December 27, 2013
Condemned by City Staff on August 27, 2015 due
to no active utilities, open code violations, unlocked
doors and subjects gaining entry to the property.
Source of illegal drug use and sexual activities.
Outstanding Charges
– Property is on the Sheriff sale list
– Approx. $6,900.00 is due in taxes, utilities and Code
Enforcement citations and fees
Page 67
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 86
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by January 9, 2016 by the owner
or equity owner at their own risk.
Order the Building Inspector to cause demolition of the structures
if not completed by the owner within 10 days of the date
established by City Council.
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.
Page 87
EXHIBIT #4
Special Council Meeting of 12/09/2015
Violation of Dangerous
Building Ordinance
2 S Queen St
Planning & Inspections Department
Dover, Delaware
December 9, 2015
EXHIBIT #4
Special Council Meeting of 12/09/2015
Page 88
2 S Queen St
Case History
Acquired by current owner at sheriff sale in
February/March 2015
10 code enforcement cases since February 2015
– Interior code violations from housing inspection
– Damaged wall siding – broken window glass and panes
– Numerous grass violations (City cut grass)
– Exposed electrical wiring
20 cases prior to 2015 dating to 2000
Registered as vacant on November 23, 2015
Condemned by City Staff on June 4, 2015 due to no
active utilities in unit B, open code violations,
unlocked doors and subjects gaining entry to the
property.
Page 89
2 S Queen St
Case History
Outstanding Charges
– $250 unpaid vacant building registration fees
– $200 unpaid grass citations and cutting charges
– $270 delinquent taxes
– $1,272 delinquent utilities
Page 90
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 91
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 120
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by January 9, 2016 by the owner
or equity owner at their own risk.
Order the Building Inspector to cause demolition of the structures
if not completed by the owner within 10 days of the date
established by City Council.
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.
Page 121
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on December 9, 2015 at 8:11 p.m. with Council President
Slavin presiding. 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, Mrs. Mitchell, and Mrs. McDowell.
Mayor Christiansen was also present.
ADOPTION OF AGENDA
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Hosfelt and unanimously
carried.
Mr. Neil moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(6) -
discussion of the content of documents excluded from the definition of "public record" in
§10002 of this title where such discussion may disclose the contents of such documents
(§10002 (l)(2) - trade secrets and commercial or financial information obtained from a person
which is of a privileged or confidential nature); pursuant to 29 Del. C. §10004(b)(4) - strategy
session; and pursuant to 29 Del. C. §10004(b)(9) - personnel matters. The motion was
seconded by Mr. Hare and unanimously carried.
The Special Meeting recessed at 8:11 p.m.
Mr. Hare moved to adjourn the Executive Session, seconded by Mr. Neil and unanimously
carried.
Executive Session adjourned at 9:28 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Consideration of Hardship Created by Commercial Electric Rates
During the Executive Session, Mr. Scott Koenig, City Manager, advised members of a proposed
Economic Retention Rate for the purpose of attracting new businesses and retaining existing
businesses.
Mr. Hare moved to authorize the City Manager to compose a letter releasing the tariff to the
party in question. The tariff will be effective January 1, 2016 and continue for six (6) months.
On July 1, 2016, if the party is expanding as anticipated, the rate will be extended for one (1)
year. At the end of that year, Council will evaluate continuation of the tariff. The letter is to
be reviewed by Mr. Hare and Mayor Christiansen prior to its release. The motion was
seconded by Mr. Hosfelt and unanimously carried.
Resolution of Employee Grievance
During the Executive Session, Mr. Scott Koenig, City Manager, advised members of an employee
grievance and its proposed resolution.
Page 122
SPECIAL COUNCIL MEETING OF DECEMBER 9, 2015 PAGE 2
Mr. Hosfelt moved to authorize the City Manager to proceed with the solution. The motion
was seconded by Mr. Neil and unanimously carried.
Mr. Hare moved for adjournment, seconded by Mr. Neil and unanimously carried.
The Special Meeting adjourned at 9:32 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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Page 123
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 14, 2015 at 8:15 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Hosfelt, Mr. Hare, and Mr. Hutchison. Mr. Cole was absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend, Fire Chief
Hall, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present.
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 was a legal professional who had lived in the State of
Delaware for almost 42 years. Mr. Alston read portions of a prepared statement and submitted the
full statement for the record (Exhibit#1). He also advised members that he had been banned from
Delaware State University by Judge Warren, noting that he was a descendant of the Alston Plantation
and his family’s name was from a plantation in Delaware.
Mr. Anwar Dyer, 52 Traybern Boulevard, Camden-Wyoming, stated that the four (4) current police
officers who were present believed that it was okay for Mr. Webster to be rehired. He felt that
rehiring Officer Webster or allowing him back on the force made all officers look bad and that this
would be an injustice. Mr. Dyer thought that they should rethink what they were about to do and
when all was said and done, these officers needed to go as well. Noting that the court said
Mr. Webster was not guilty, Mr. Dyer stated that, looking at the video, you could not say that an
injustice was not done. He felt that it did not make any sense when a person standing on all four (4)
limbs gets kicked in the chest and face. Mr. Dyer stated that they were all crooks.
Mr. Frederick Tolbert advised members that he was a resident of Dover and he appreciated the
opportunity to address Council on a very important matter to people of color and minorities. He
stated that, from the camera shots that were in the news locally, all over the country, and in parts of
the world, Officer Webster committed an act that he was not punished for and should have been.
Mr. Tolbert stated that it was incumbent upon Council to make sure that these kind of acts do not
continue to occur. He indicated that this was not the first time such a thing had happened to a person
of color. Mr. Tolbert stated his belief that Council emasculated the Dover Human Relations
Commission (DHRC) not long ago, which was a slap in the face, and that Council cut some of the
DHRC members and reprimanded them severely for trying to push Council to recommend to the
State Legislature that a resolution be passed apologizing for slavery. He noted that the Governor had
just gone on record for being fully in support of this, but for some reason Dover City Council was
not in support. Mr. Tolbert stated that they were being slapped in the face again because an officer
committed an act that was truly ridiculous. He advised members that it was time to stop slapping
their good citizens in the face repeatedly. Mr. Tolbert stated that they were asking nicely and
respectfully that members do the right thing, which was required and necessary, noting that citizens
of color had voted for many of them. He felt that enough was enough and that two (2) men sitting
on Council were perhaps more acutely aware of some of the abuse that had never been reported,
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 2
pointing out that Councilmen Hutchison and Hosfelt had previously served as Police Chief.
Mr. Tolbert stated that this was important to all, noting that his grandparents on both sides of his
family were born into slavery not too long ago, and the effects of slavery were still being felt with
decisions like the one that occurred in court.
Mr. Slavin advised that City Council voted five (5) years ago to issue an apology for slavery and he
voted for this. He expressed appreciation that the State wanted to catch up with the City more than
five (5) years later and do the same thing.
Mr. La Mar Gunn stated that less than a week ago, two painfully hard (2) words for the souls of the
community were heard: “Not guilty.” He stated that what was important to him and should be to the
City were the cries of the people that they swore to protect and serve. Mr. Gunn stated that, contrary
to the testimony of State Trooper Ricardo Torres, he did not believe that officers were trained to use
NFL-style field goal kicks to arrest suspects, regardless of their criminal past. He noted that all had
heard of the suspect’s record and it was probably true that he earned it; however, a member of the
City’s police family had committed the ultimate betrayal through an egregious and unworthy badge
and conduct that Mr. Gunn would call unbecoming for a Dover police officer. He stated his belief
that police officer dishonesty was grounds for termination. Mr. Gunn felt that last week’s verdict
had turned Dr. Martin Luther King, Jr.’s “I Have a Dream” speech into a nightmare for the black
community. He expressed his opinion that the City had a fine Police Department that was one (1)
of the best in the land, having learned firsthand that they care, and he pointed out that many white
brothers and sisters had extended calls vigorously condemning the subject kick. Mr. Gunn stated
that we, as a community, should refuse to allow the actions of one (1) to taint an entire police force.
He indicated that there had been recent attempts to build trust between the Police Department and
the black community and quoted Dr. King’s statement that, “in the end, we will not remember the
words of our enemies but the silence of our friends.” Having been in Dover for a couple of years,
Mr. Gunn stated that he had never heard silence quite this loud from its leaders. He indicated that
the City has a strong mayor form of government, stating his belief that the Mayor was either sitting
down or standing up, since there was no in between. He quoted from Sir Edmund Burke, stating
“evil persists when men of goodwill do nothing,” and encouraged members to establish a legacy of
doing the right thing and not let Officer Webster back on the streets. Mr. Gunn stated his belief that
members probably thought that everything was fine since there was no rioting, unrest, or chaos in
the streets. He felt that this was because people were trusting that the right thing would be done and
were giving Council a chance to send a message. In case Officer Webster was watching, Mr. Gunn
stated that Mr. Gunn’s ear was very close to the streets, some of the things he was hearing were not
good, and there was a group that cared to have their own court of the streets, of which Mr. Gunn was
not a member. Mr. Gunn stated that he would be afraid for Mr. Webster if he were placed back on
the streets. Mr. Gunn also expressed a desire to talk about Title 11, Section 92 and the Fraternal
Order of Police (FOP) labor agreement to prevent the same thing from ever happening again and so
that Council could stand up, do the right thing, and change things, which is why they were elected.
Mr. Larry Bryant, member of Men of Vision and Value (MOVV), located at United Way, Dover,
stated that he was present because he sat through the trial and watched and listened to the evidence.
He thought there was an injustice done and did not want to compound it by doing another injustice.
Mr. Bryant stated that what he saw on the video at the trial was wrong. Someone told him that the
Page 125
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 3
officer had the best lawyer. Mr. Bryant advised members that he shut off his ears and trusted his
eyes, and what his eyes saw was an injustice. He reiterated that he did not want to compound it by
having another injustice done.
Reverend Michael B. Rogers, Pastor, Central Baptist Church and President of the
Interdenominational Ministerial Alliance of Dover and Vicinity (IMA), stated that his goal was to
express what he had been hearing in regard to the Dover community and the situation with
Mr. Webster. He stated that the trial was over and the matter was now in Council’s hands, noting
that what transpires now is on the City. Reverend Rogers asked that the wrong message not be sent
again, that members be mindful of the community and try to bring it together so that everyone might
work as one and have a wholesome place to work and live. He felt that no one should walk in fear
of the police who are supposed to be protecting everyone. Rev. Rogers requested that members
review this situation and not send the wrong message to the entire community, compounding a
situation that was already in a bad state. He asked Council to consider the position they would take
with Mr. Webster being reinstated to the Dover Police Department.
Master Corporal Dave Gist stated that he was representing the men and women of the Dover Police
Department’s Fraternal Order of Police (FOP). He reminded everyone that Mr. Webster’s case was
originally sent to a grand jury of 12 civilians and he was cleared. Mr. Gist advised that
Mr. Webster’s case went to a federal civil rights commission and he was cleared. The case was
resubmitted under a new Attorney General to another grand jury and he was cleared, even though
a grand juror stated that they were intimidated to go against him. The case went to trial, Mr. Webster
was arrested, and he again was cleared by 12 civilians that had nothing to do with the City of Dover.
Mr. Gist noted that Mr. Webster had never been terminated from the City of Dover, was suspended
without pay, and had been internally punished for his actions on the internal side. He stated that
Mr. Webster was still an employee of the City of Dover and there were laws that protect employees.
Whether people agreed or disagreed with the decision, that decision was made by a jury of
Mr. Webster’s peers on three (3) accounts, and 36 different people judged him. Mr. Gist stated that
he had been given numerous Facebook posts by Councilman Anderson where had called
Mr. Webster a liar, which Mr. Gist indicated was slander. He indicated that Mr. Anderson had given
the wrong information on this case numerous times and he felt that Mr. Anderson should know
better, as a public official and leader, noting that, as the FOP leader, Mr. Gist is accountable if he
gets bad information and he does not go flying off like that. Mr. Gist felt that it was a shame that
a criminal matter was being turned into a race matter, stating that this had nothing to do with race
but had to do with crime. He advised that City police officers do not get to pick and choose what
they are called to but respond to crime. Mr. Gist reminded the City of Dover, the employees,
members of Council, and the Mayor that Mr. Webster was still an employee with the City of Dover.
He understood the community being upset but stated that someone is not prosecuted based on a
10-second video. Mr. Gist noted that Mr. Webster had done his time through the court system and
36 of his peers had found him not guilty.
Mr. Enrico Stratton-Bey, Felton, Delaware, stated his belief that there was an injustice. He indicated
that victims who do not show up in court are usually subpoenaed and wondered why this victim did
not show up. He felt that Mr. Gist’s statement that Dover police officers do not have a choice where
they respond was a lie, stating his belief that certain officers are designated to go to certain areas and
protect certain people. Mr. Stratton-Bay indicated that the court was not a jury of peers because
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 4
there were black police officers at the Dover Police Department but not on the jury. He felt that
members had the right to show that Dover was not going to go back to the year 1555, when the first
slaves were brought to the shores of North America. Mr. Stratton-Bey felt that the police force was
implemented in this country to keep slaves in line. He stated that, in looking at the tape, the
gentleman did not follow orders properly and so he was given a kick to the face. He felt this was not
becoming for an officer and questioned who officers were representing when they do this.
Mr. Stratton-Bey expressed his hope that this was not the conduct of Dover Police Department. He
stated that he witnessed the assault of a man in broad daylight a year earlier on the corner of New
Street and the man was hit in the head by a police officer and a probation officer. He stated that no
more was heard about this or the Fletcher case. Mr. Stratton-Bey questioned where the cases of
police brutality and injustice were that were not heard about, indicating that things were being swept
under the rug. He questioned if this was the history of Dover and expressed his hope that members
would not do another disservice by continuing this history.
Reverend Rita Paige, 355 Rita Wilma Road, indicated that she was standing with everyone else and
encouraging members not to reinstate Officer Webster, noting that reinstatement would cause people
to question the integrity of those who have the authority to reinstate or not reinstate. She indicated
that they were entrusting their elected officials to do the right thing. Reverend Paige stated that she
was standing as a pastor, mother, grandmother, aunt, and a mentor to many and would hate to build
distrust and a disconnect. She felt that there would be a need to rebuild trust all over again between
the police and the community, stating that it was not wanted that young people would be fearful and
afraid to trust those who are supposed to be protecting and serving them. Reverend Paige indicated
that those who may want to be officers may not get the opportunity to do so because of what they
had just witnessed. She stated that she could not see how someone, with another officer, could take
someone from the 7-Eleven and take them somewhere out into the wilderness and just leave them,
which caused her to question the officer. Reverend Paige indicated that she often wondered if there
had been some white supremacist connection in that case and felt that actions spoke to this. She
expressed her hope that members would do the right thing and not reinstate Officer Webster, quoting
Dr. Martin Luther King, Jr.’s statement that “injustice anywhere is a threat to justice everywhere.”
Pastor Anthony Wallace, 52 Dove Creek Terrace, stated his desire to echo what everyone else had
said. He advised members that there was a group of citizens behind him representing hundreds of
thousands of others that could not be present. He indicated that, despite the jury’s verdict, everyone
knows that in America guilty people get off the hook all the time. Pastor Wallace advised members
that he would forever have the image etched in his head where a gentleman had two (2) hands firmly
on the ground and one (1) knee on the ground as he lowered himself, and then the shock of a field
goal kick. Pastor Wallace stated that he was a United States Army Veteran, Chief Warrant Officer,
and an instructor pilot for the AH-64 advanced attack helicopter. He informed members that he was
also an Iraq war veteran; therefore, he knew order and discipline and somebody, sadly a member of
the Dover Police Department, lost it that night. Pastor Wallace demanded that Officer Webster not
return, which would allow the Police Department and community to heal so that trust could be built
and all could return to some similitude of normalcy and sanity. He stated that a lot of people were
hurt, even members of the police force, explaining that an officer from the Dover Police Department
was almost in tears as he demonstrated what was going to be seen in the video before it was released.
Pastor Wallace indicated that this officer had advised members of the community and clergy that this
was not the Dover Police Department and it was a departure from the Department’s policy, yet there
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was this verdict and defense by the FOP. He stated that this officer should not be reinstated, and if
the FOP tentative labor agreement was not substantially different from the previous agreement, then
there would be a problem. Pastor Wallace felt that Council knew the right thing to do and requested
that they do it.
Mr. Fred Bowden, Camden, Delaware, advised members that there was injustice in the system,
noting that his wife passed away going on three (3) years ago and he had a lawsuit in Superior Court
against Kent General, Brookside Medical, and Pinnacle Rehabilitation for their negligence regarding
his wife. Mr. Bowden indicated that he had contacted approximately 14 law firms in the State of
Delaware and none would take his case. He obtained the assistance of Mr. Eshed Alston, who stood
by his side through the whole system. Mr. Bowden indicated that he hand delivered his paperwork
in the court system at 1:14 as he had to respond to the request of Judge Robert Young, and Pinnacle
did not file and Kent General did. He asked for a 30-day extension and gave them a list of all the
attorneys that he was going to call since he was the pro se and needed time go get his case squared
away. Mr. Bowden stated that at 2:26 Pinnacle e-filed the court and he questioned how Pinnacle
could have known that he filed unless someone in the court system told them. He stated that
Judge Young denied his request and granted Pinnacle’s request to dismiss his case. Mr. Bowden felt
that this was injustice because they refused to hear his case, noting what had happened to his wife
in their care. He stated that his daughter, who was present at the meeting, was motherless and he did
not have a wife because of these organizations. Mr. Bowden had an interview with WBOC,
accompanied by Mr. Alston, and they refused to take his story, and he contacted the Dover Post and
other newspapers to try to get justice for his wife. He noted that he was a black pro se, stating that
Caucasians had been through the same thing in the “injustice system.” Mr. Bowden advised
members that he had been a civilian employee with the Delaware State Police for 24 years and had
never gotten in trouble. He stated that people should be treated right, everyone should be treated the
same, and that if someone wanted to be treated with respect, they should treat others with respect.
Mr. Bowden encouraged everyone to work together.
Ms. Lillian Rogers, Dover, advised members that she was present because it was time to turn the
page and, as grandparents, parents, mothers, brothers, and sisters, to look at injustice, stating her
belief that anyone who saw the video would think this was an injustice. Ms. Rogers indicated that
now there was an opportunity to make a huge difference. She expressed happiness that the police
were here to serve us and put our security in their hands, and she was sure they were honorable men
who would want to work with honorable men because bad police officers make their jobs much
harder. Ms. Rogers stated that everyone wants the security of the police and to be able to trust them.
She indicated a desire to make sure that the community is heard, noting that the community was
determined to have justice and fairness and to get it from this body. Ms. Rogers stated that the
Mayor was the head of the City and the Police Chief reports to him. She indicated that police
officers report to the Police Chief, who should get on them if they are not doing their job.
Ms. Rogers felt that if the Police Chief is not doing his or her job, the Mayor should get on them,
noting that in the same way that the Mayor can get rid of police officers, the Mayor is voted in and
voted out. She stated that she was not making a threat but making a promise that people would no
longer sit by or go away, but would be persistent and consistent and know who was voting with them
and for them and who was protecting them. Ms. Rogers indicated they would also know who was
not protecting them, and these parties would not be in office next time; therefore, the City was
expected to do the right thing. She stated that the community had a long memory and new
leadership.
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Mr. Pernest Sparks stated that, as a father of 12 kids with eight (8) living at home, his children’s
safety was something that he valued and he feared for their safety if he let them go to the store if this
officer was allowed back on the force. Mr. Sparks also expressed fear of other young people who
may not have agreed with the decision to let Mr. Webster back on the force, and there may be gun
violence. He did not want his children to be caught up in something like that because there would
be angry people if the gentleman was let back on the force. Mr. Sparks felt that this situation should
not have come about and that things that had been said earlier were lies. He commented that there
were no black men on the jury and indicated that the people who were standing behind him were
going to keep coming for this officer not to be reinstated. Mr. Sparks advised members that he had
lost his job because he called an individual a name; however, this officer who was trained to serve
and protect kicked a man in the head could get his job back, be suspended without pay, and come
back to work. He felt that there would be confusion when Mr. Webster came back because this
community and other communities that were not represented tonight would be upset and may want
retaliation. Mr. Sparks stated that this was not desired on the streets, but peace was desired. He
asked that Officer Webster, who started all the violence, not be reinstated, indicating that it did not
look like the individual in the video was a threat.
Mr. James Muhammad advised members that he was born and raised in Dover and was 51 years old.
He agreed with what everyone had said. Mr. Muhammad questioned if it was in the Councilmen’s
nature to change a pattern that had been going on. He stated that he had been a victim of Dover
Police brutality and had a pending lawsuit on 12 police officers and the Dover Police Department,
noting that Mr. Stratton-Bey had been talking about Mr. Muhammad in his statement.
Mr. Stratton-Bay stated his opinion that people are promoted in Dover when they do damage to the
black community. He stated that Councilman Hosfelt had been previously promoted to Police Chief
and this police brutality happened under him, Mr. Reggie Hannah was killed when Councilman
Hutchison was Mayor, and Councilman Sudler had been on the Dover Human Relations
Commission and was now a City Council member.
In response to Mr. Muhammad, Mr. Sudler stated that he does no damage and had done nothing but
bring blessings to the City of Dover.
Mr. Muhammad reiterated his feeling that people are promoted when they do damage in the
black community. Mr. Muhammad noted that there were no black officers present. He stated that
this was like Ferguson, Missouri, and questioned how many black officers were on the Dover police
force and how many black mayors had served. He questioned if the City had the heart to stand up
for truth and justice, stating, for example, that Loockerman Street was named after a slave owner
who was still being honored. Mr. Muhammad stated that there had been damage, including the
murder of Reggie Hannah and police brutality to himself, and that his cousin, Anthony Barlow, was
shot in the face with a taser while the Police Department was under Mr. Hosfelt, former Police Chief
now serving on Council. He stated that there were two (2) different people in Dover and in America,
one (1) black and one (1) white. He stated that black people had been shot eight (8) times in the back
and put in choke holds. He felt that people should be praying to God that he would chastise them
and Dover if people do not do the right thing.
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Mr. Greg Fuller, Sr., Lincoln, Delaware, stated that everyone in the room needed to contemplate
what the true issue is, that all are one. He advised members that he worships in Dover and this was
a concern to him because it was a concern of those present, stating his desire to serve those all over
the State. Mr. Fuller indicated that he had been going around the State advising everyone that
service is about putting people’s needs above one’s own. This meant not making decisions based
on whether someone will be re-elected or not and making decisions that are best for the entire City
of Dover and people, whether they are black, white, yellow, or brown. He advised those sitting
behind him that their authority was in their vote. Mr. Fuller stated to those in front of him had an
obligation to do the right thing. He reminded members of the golden rule that if they would not want
something done to themselves, then they would not do it to someone else. He quoted
John F. Kennedy who said, “I seek not the Republican answer, nor the Democratic answer but the
right answer.”
There being no one else present wishing to speak, Mr. Slavin declared the Open Forum closed and
announced that the Regular Council Meeting would begin at 8:15 p.m.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Hare and unanimously
carried.
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Lewis and carried by
a unanimous roll call vote (Cole absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 23, 2015
The Minutes of the Regular Council Meeting of November 23, 2015 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Lewis and bore the written approval of
Mayor Christiansen.
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2015-17 WITH STAFF
AMENDMENTS (SA) #1 - #6
A public hearing was duly advertised for this time and place to consider approval of proposed
amendments to Chapter 14 - Amusements and Entertainments; Appendix B - Zoning, Article 3 -
District Regulations, Section 18 - Recreational and Commercial Zone (RC); and Appendix F - Fees
and Fines.
Mr. Hutchison moved that the Final Reading of proposed Ordinance #2015-17 be
acknowledged by title only, seconded by Mr. Hare and unanimously carried. (The First
Reading of the ordinance was accomplished during the Council Meeting of October 26, 2015.)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the text amendments were related to special events and outdoor music festivals. She stated that
the proposed ordinance would eliminate Chapter 14 - Amusements and Entertainments, noting that
it was an older section of the Code dealing with music festivals. The amendments would add
provisions to the Recreational and Commercial (RC) Zone regarding temporary outdoor events and
temporary camping associated with events, and include measures to make sure that these events are
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done in a well-planned manner. Mrs. Townshend explained that the amendments would clean up
some of the existing language. For example, referring to Line 67, she noted that it would remove
baseball, football, or boxing stadiums from the permitted uses in the RC Zone and add sports
stadiums and arenas. She stated that the amendments would change auto, horse, and motorcycle
racetracks from the conditional uses to the permitted uses, and would also add indoor and outdoor
recreation and amusement establishments as permitted uses.
Mrs. Townshend reviewed Staff Amendments (SA) #1 - #6, noting that the Planning Commission
unanimously recommended in favor of SA #1, #2, #3, #4, and #6. She stated that SA# 1 would add
casinos as a permitted use, noting that this was an oversight in drafting the ordinance.
Mrs. Townshend explained that SA #2 would add language to Section 18.1 (l)(2), stating that “the
permit application must address water supply, wastewater disposal, sanitation, erosion and sediment
controls, and maintenance of traffic as it relates to any City streets.” She stated that this amendment
would clarify that there does not need to be a plan sheet if the matter can be addressed in the
application.
Mrs. Townshend informed members that SA #3 - SA #6 would clarify the proposed ordinance. She
stated that SA #3 and #6 would include the phrase “but not limited to” in regard to the discharge of
substances on Lines 115 and 170-171. Mrs. Townshend explained that SA #4 would remove the
phrase “within all zones” from Lines 117-118 since it was only for the RC Zone. She stated that
SA #5 proposed to amend Line 54 to ensure that the spacing between recreational vehicles would
include bump outs; however, she advised that Dover International Speedway and members of the
Planning Commission expressed concern regarding how this amendment would be enforced.
Mrs. Townshend stated that the Planning Commission unanimously recommended against SA #5.
Mrs. Townshend stated that the fees associated with camping and temporary outdoor event permits
were included in Appendix F - Fees and Fines and informed members that Dover International
Speedway did not have concerns with the fees during her last discussion with representatives.
Mrs. Townshend stated that there would be subsequent proposed ordinances to address camping and
smaller scale special events. She explained that Staff wanted to get this particular provision in place
in order to work with the Speedway on annexation of the woodland property prior to the next festival
season.
In response to Mr. Sudler, Mrs. Townshend stated that Dover International Speedway representatives
had expressed that they were in agreement with the provisions and annexation preparation. She
noted that Speedway representatives were present.
Mr. Neil asked what type of revenue increase the City could expect from the proposed fees.
Responding, Mrs. Townshend stated that the revenue increase would not be significant since there
are only two (2) events per year, noting that a fee of $500 would only equate to $1,000.
Council President Slavin declared the hearing open.
Mr. Gregory Moore, Becker Morgan Group, stated that he was representing Dover International
Speedway and informed members that Dover International Speedway was pursuing this change
because it would allow the Firefly event to have a long-term of probability. Mr. Moore noted that
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the proposed ordinance would clarify that the Firefly event is in accordance with the zoning
ordinance and the Speedway is generally in favor of all of the proposed changes. He stated that the
Speedway did want to ensure that they have the right to have temporary water and sewer facilities,
like showers, bathrooms, etc., that would be movable around the facility as the event expands and
moves. Mr. Moore indicated that this would include electric lines that would be on the surface, and
water lines that would serve these temporary facilities as they move from venue to venue and event
to event. He stated that, with that clarification, the Speedway is fine with the language. Mr. Moore
noted that Speedway representatives met with Mrs. Townshend and Mr. Scott Koenig, City Manager,
and indicated that the Speedway is in accordance.
In response to Mr. Anderson, Mr. Moore stated that the Speedway was comfortable with the
language in the proposed ordinance. He explained that the previous language indicated that the
Speedway would have to provide plans for permanent facilities and the Speedway thought that it
could be interpreted to not permit some of the temporary things they were doing. However, since
that was changed to be addressed in application form, Mr. Moore stated that the Speedway was
comfortable with the proposed ordinance.
Responding to Mr. Anderson, Mrs. Townshend stated that she was comfortable that the language in
the proposed ordinance was clear. Referring to Lines 92-95 of the proposed ordinance,
Mrs. Townshend reiterated that SA #2 would incorporate the results of Staff’s discussion with the
Speedway. She explained that the Public Works Department wanted to ensure that issues such as
water, wastewater, sanitation, etc. were addressed. Mrs. Townshend stated that, with the amended
language, the application forms for the outdoor event permit would be developed to provide an
opportunity to answer those types of questions, so that there is no impression that a set of plans needs
to be submitted to address those things.
Mr. Moore noted that the Speedway originally interpreted a set of plans to mean that they had to
build hard facilities that would sustain from year to year.
There being no one else present wishing to speak during the public hearing, Council President Slavin
declared the hearing closed.
Mr. Hare moved for adoption of Staff Amendment (SA) #1 to Proposed Ordinance #2015-17.
The motion was seconded by Mr. Anderson and unanimously carried.
Mr. Hutchison moved for adoption of Staff Amendment (SA) #2 to Proposed Ordinance
#2015-17. The motion was seconded by Mr. Hare and unanimously carried.
Mr. Hutchison moved for adoption of Staff Amendment (SA) #3 to Proposed Ordinance
#2015-17. The motion was seconded by Mr. Hare and unanimously carried.
Mr. Neil moved for adoption of Staff Amendment (SA) #4 to Proposed Ordinance #2015-17.
The motion was seconded by Mr. Lewis and unanimously carried.
Mr. Hare moved for adoption of Staff Amendment (SA) #5 to Proposed Ordinance #2015-17,
seconded by Mr. Lewis.
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Mr. Hosfelt reminded members that Staff worked with Becker Morgan and the Fire Marshal’s Office
and, after hearing testimony from the Fire Marshal’s Office, the Planning Commission voted
eight (8) to zero (0) against SA #5. He suggested that Council go with that endorsement and vote
for the Planning Commission recommendation regarding SA #5.
Mr. Slavin advised members that a positive motion was made; therefore, if a member votes yes, they
will have to state their reason for opposing the Planning Commission recommendation. A no vote
would uphold the Planning Commission recommendation.
Responding to Mr. Sudler, Mr. Slavin clarified that a no vote would deny the amendment, which was
the recommendation of the Planning Commission.
Mr. Anderson requested clarification on the exact language of SA #5. In response, Mrs. Townshend,
referring to Line 154 of the Proposed Ordinance, explained that the original language was proposed
to state that, “the required ten feet shall exclude any bump outs”, and the staff amendment proposed
to change that language to state that, “the required ten feet shall include any bump outs.”
Mrs. Townshend stated that the Planning Commission recommended keeping the word exclude.
The motion for adoption of Staff Amendment (SA) #5 to Proposed Ordinance #2015-17 failed by
a unanimous roll call vote (Cole absent).
Mr. Hosfelt moved for adoption of Staff Amendment (SA) #6 to Proposed Ordinance #2015-17.
The motion was seconded by Mr. Neil and unanimously carried.
Mr. Hare moved for adoption of Proposed Ordinance #2015-17, as amended. The motion was
seconded by Mr. Sudler and, by a unanimous roll call vote (Cole absent), Council adopted
Ordinance #2015-17, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 14 - Amusements and Entertainments of the Dover Code be deleted in its entirety.
BE IT FURTHER ORDAINED:
That Appendix B - Zoning, Article 3 - District Regulations, Section 18 - Recreational and
Commercial Zone (RC) of the Dover Code be amended to read as follows:
Section 18. - Recreational and commercial zone (RC).
18.1 Uses permitted. No building or premises shall be used and no building shall be erected
which is arranged, intended or designed to be used, in whole or in part, for any purpose
except the following:
(a) Public and private parks and playgrounds.
(b) Athletic fields.
(c) Sports stadiums and arenas.
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 11
(d) Public and private swimming pools and clubs.
(e) Miniature golf courses and pitch and putt golf courses.
(f) Golf or baseball driving ranges.
(g) Golf courses and country clubs.
(h) Casinos
(I) Hotels, motels and restaurants.
(j) Auto, horse and motorcycle racetracks.
(k) Indoor and/or outdoor recreation and amusement establishments.
(l) A temporary outdoor activity, such as a fair, circus, carnival, bazaar, music
festival, or other outdoor event, subject to the following requirements:
(1) Permit required. A temporary outdoor activity permit shall be
required. Such permit may be issued for a calendar year, provided that
any changes to the permit are reviewed and approved by the
department of planning and inspections.
(2) Plan required. The owner shall submit a plan to the department of
planning and inspections showing the layout for the temporary
activity a minimum of 30 days prior to the event, including the
location of all existing structures and any proposed temporary
structures, including but not limited to stages, tents, trailers, and
temporary buildings. The permit application must address water
supply, wastewater disposal, sanitation, erosion and sediment
controls, and maintenance of traffic as it relates to any City streets.
The permit shall include any other pertinent information deemed
appropriate by the department director for this permit.
(3) Fees. A fee for the temporary activity permit shall be in accordance
with Appendix F - Fees and Fines.
(4) Parking. The application for the temporary activity permit shall
include a plan delineating the proposed parking area(s), number of
parking spaces, ingress and egress to the parking area, and any other
pertinent information deemed appropriate for the permit.
(5) Noise. The use of loud speakers and other amplification systems
outdoors shall be prohibited between 12:00 a.m. and 7:00 a.m. on
Monday through Friday and between 2:00 a.m. and 9:00 a.m. on
Saturday and Sunday.
(6) Documentation of approval. The director of planning and inspections
may require documentation of approval for outside agencies having
jurisdiction over such activity including but not limited to the
Delaware division of public health, department of transportation, and
the Dover police department.
(7) Discharge of substances. No activity associated with a temporary
outdoor activity shall be permitted to discharge any substance,
including but not limited to wash water, to any storm drain, storm
water management area, drainage ditch, or other water conveyance
system.
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 12
(m) Temporary Camping Areas. Temporary camping areas shall be permitted
subject to the following requirements:
(1) Permit required. Property owners wishing to provide more than five
camping sites shall apply for a permit from the planning and
inspections department. Such permit shall be valid for the calendar
year in which it is issued. Any changes to the permit shall be
approved by the department of planning and inspections.
(2) Fees. Fees for the permit and/or amendments to the permit will be
charged in accordance with Appendix F - Fees and Fines.
(3) Diagram required. Prior to issuance of a permit, the property owner
or his/her agent must submit a legible diagram of the camping area to
the department of planning and inspections. The diagram shall
include:
I. Identification of camping areas and indicate whether each
area will be utilized for tent camping or recreational vehicle
camping.
ii. Emergency access, drive aisles, entrance(s) and exit(s).
iii. Number of proposed recreational vehicles or tents to be
permitted in each camping area.
iv. Location of power lines.
v. Location of restroom facilities.
vi. The period of time for which the permit is requested.
(4) Distance from power lines. No camping sites shall be permitted
within 25 feet of power lines as measured from the center of the
utility pole. Vertical extensions from camping sites shall not be
closer than 25 feet to power lines as measured from any point on the
vertical extension.
(5) Tent placement in relation to vehicles. Tent camping sites shall be
laid out to avoid the location of tail pipes, generators, and other
carbon monoxide sources near tent placement. The Fire Marshal or
other city code official shall have the authority to require that vehicles
and/or tents be relocated to avoid the danger of carbon monoxide
entering tents.
(6) Restrooms and shower facilities required. Tent camping areas shall
be required to include temporary or permanent restrooms and shower
facilities.
(7) Parking recreational vehicles. Recreational vehicles shall not be
parked closer than ten feet to other recreational vehicles, buildings,
or other structures, as measured from the long side of the vehicle; nor
closer than two feet from other recreational vehicles, buildings, or
other structures, as measured from the front or rear of the vehicle.
The required ten feet shall exclude any bump-outs or other
protrusions from the side of the vehicle. Any exceptions to this shall
be subject to review by the fire marshal upon the determination that
the safety objectives of this subsection are achieved.
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 13
(8) Drive aisles. Camping areas shall have drive aisles constructed of
drivable surfaces engineered to hold the weight of recreational
vehicles, fire equipment, and other emergency response equipment in
all types of weather. Crushed stone or gravel surfaces shall be
permitted for such drive aisles.
(9) Residential buffering. Any camping area abutting a residential use
shall be buffered by a landscape buffer of evergreen trees of a
minimum height of six feet tall and an opaque fence of six feet tall.
(10) Change approval. Any changes to the approved layout of temporary
camping areas shall be approved by the department of planning and
inspections.
(11) Discharge of substances. No activity associated with any camping
area shall be permitted to discharge any substance, including but not
limited to wash water, to any storm drain, storm water management
area, drainage ditch, or other water conveyance system.
18.2 Conditional uses. The following uses are permitted, conditional upon the approval of
the planning commission in accordance with the procedures and subject to the general
conditions set forth in article 10, section 1:
(a) Outdoor and drive-in theaters, provided that adequate screening is installed
to shield all adjacent properties and public streets and alleys from the glare
of lights from the parking areas.
(b) Airports and facilities incident to aviation.
(c) Livery stables and riding academies, provided that the corrals shall be at least
200 feet from any dwelling, school, church, eating place and intermittent or
running, natural or artificial watercourses.
18.3 Accessory uses. The following uses shall be permitted accessory to other permitted uses
on a lot.
(a) Accessory uses customarily incident to the principal use and any other
necessary to the operation of the principal permitted use located on the same
premises therewith shall also be a permitted use.
18.4 Performance standards. All uses are subject to performance standards as set forth in
article 5, section 8.1.
18.5 Site development plan approval. Site development plan approval in accordance with
article 10, section 2 hereof shall be required prior to the issuance of building permits
for the erection or enlargement of all permanent structures and prior to the issuance of
certificates of occupancy for any change of use.
(Ord. of 7-10-2000; Ord. of 2-12-2001)
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 14
BE IT FURTHER ORDAINED:
That Appendix F - Fees and Fines of the Dover Code be amended by inserting the following:
Appendix B - Zoning, Article 3 - District Regulations
Sec. 18 Recreational and commercial zone (RC)
Subsec. 18.1 Uses permitted
(k)(3) Temporary Activity Fee
Less than 5 acres $50.00
5-25 acres $100.00
26-100 acres $250.00
100+ acres $500.00
(l)(2) Temporary Camping Permit Fee
Less than 5 acres $50.00
5-25 acres $100.00
26-100 acres $250.00
100+ acres $500.00
ADOPTED: DECEMBER 14, 2015
MONTHLY REPORTS - OCTOBER 2015
By motion of Mr. Neil, seconded by Mr. Lewis, 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
Fire Chief’s Report (September and October)
Police Chief’s Report
TENTATIVE LABOR AGREEMENT - FRATERNAL ORDER OF POLICE (FOP)
Mr. Scott Koenig, City Manager, reminded members that during the Special Council Meeting of
February 2, 2015, Mr. William Bowser of Young Conaway Stargatt & Taylor, LLC, was retained to
represent the City of Dover in the Fraternal Order of Police (FOP) contract negotiations. He stated
that the City had been working diligently to bring forth a labor contract that really identifies what
it costs to run the Police Department.
Mr. Bowser advised members that he was assisted in the contract negotiations by Mr. Koenig,
Mrs. Donna Mitchell, Controller/Treasurer; Police Chief Paul Bernat; Mr. Kirby Hudson, Assistant
City Manager; and Mrs. Kim Hawkins, Human Resources Director.
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CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 15
Staff recommended approval of the tentative agreement with the FOP for a new collective bargaining
agreement, and authorizing the City Manager to execute a new collective bargaining agreement.
Mr. Bowser stated that the tentative agreement includes a number of changes; however, most of the
changes are housekeeping or minor in nature. He reviewed the major changes to the agreement.
Mr. Bower stated that the term of the agreement was for three (3) years, from July 1, 2015 through
June 30, 2018. He advised that there are not general across-the-board wage increases through the
term of the agreement; however, the salary scale is adjusted with increases concentrated in the lower
ranks and for employees with fewer years of service. These salary changes would become effective
July 1, 2015 and remain constant for the entire term of the agreement, if there are not additional
wage increases in the second and the third year of the contract. In addition, Mr. Bowser stated that
the starting salary for new officers out of the police academy is raised to about $50,000, noting that
the administration and the Chief felt that this would help with recruitment of qualified of new
officers.
In regard to healthcare, Mr. Bowser informed members that, under this agreement, newly hired
officers will pay 20% of their total healthcare premium, instead of the current 15%. He stated that
these newly hired officers will have to work for at least 20 years with the City to get healthcare in
their retirement and the City will not contribute towards the healthcare for their dependents upon
retirement.
Mr. Bowser advised that, under this agreement, an officer who works over 80 hours but under 84
hours over a two (2) week period will be paid straight time for these hours, rather than time and
one-half. This would require the Chief to expand the current schedule, which is a 12-hour shift, and
officers are currently given four (4) hours off every two (2) weeks to work an 80-hour schedule.
Mr. Bowser explained that if the Chief decides to expand that shift to an 84-hour work period, those
extra four (4) hours would be paid at straight time.
Mr. Bowser stated that another major change in this agreement is that five (5) holidays have been
eliminated and replaced by floating holidays. Employees who work on one (1) of the five (5) days
that have been eliminated would be paid straight time, rather than time and one-half. The employees
will receive 40 hours of personal leave in lieu of those five (5) days, to use and schedule as they see
fit.
Mr. Bowser advised members that another issue is physical fitness. Under this contract, all
employees in the unit will now be required to take a yearly physical fitness test. Lastly, Mr. Bowser
stated that this contract includes a residency incentive. All employees who establish residency in
the City will receive a $1,000 incentive payment per year, upon showing and proving that they are
living in the City.
Mr. Bowser stated that, in summary, the negotiating team believes this is a fair agreement, not
perfect but fair to both the City and its police officers. He reiterated that Staff recommended
approval of the tentative agreement negotiated by the team, and authorizing the City Manager to
prepare and execute a collective bargaining agreement on the terms agreed to. He noted that the FOP
had already ratified the tentative agreement.
Page 138
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 16
Mr. Anderson noted that there was a provision in the contract which clarifies the policies and
procedures of discipline that go to the Chief and requested Mr. Bowser to read that section.
Responding, Mr. Bowser read Article 1.7, Management, from the current agreement, 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; the right to relieve members from
assignments for legitimate reasons; the right to determine the manner of operation,
and to change the methods or processes, or to use new equipment; the right to
establish schedules; to introduce new or improved methods of operation; and to
extend, limit, or curtail its operations, is vested exclusively in the Police Chief. The
above statement of management functions shall not be deemed to exclude other
functions not listed herein. In no case shall the exercise of the above prerogative of
management be in derogation of the terms and conditions of this Agreement or of
State law.
Mr. Bowser stated that this language was in the current agreement between the City of Dover and
the FOP and was not discussed during this round of negotiations.
Mr. Anderson expressed his opinion that the language in Article 1.7, Management, if applied
correctly, has the potential to solve some future problems. He stated that there is a review and urged
the City to make sure that policies and procedures have explicit language in them to ensure that the
excessive use of force that creates serious injury is a dismissible offense. Mr. Anderson felt that this
was vital and essential to the rule of law, as well as the confidence of the citizens.
In response to Mr. Anderson’s comments, Mr. Neil asked how that law would affect State law,
including State law dealing with the rights for police officers. Responding to Mr. Neil, Mr. Koenig
felt that it would mean that the Chief has to take State law into consideration when he is considering
the impact of policies and procedures.
Mr. Hosfelt suggested tabling any vote on the FOP labor agreement until the first meeting in
January 2016, noting that members had heard from the community and emotions were running high.
He stated that there were two (2) separate matters and tabling the agreement would provide
Chief Bernat and the Human Resources Department time to determine what actions could be taken
in regard to Mr. Webster.
Mr. Hosfelt moved to table consideration of the tentative labor agreement with the Fraternal Order
of Police (FOP) until the first meeting in January 2016, seconded by Mr. Anderson.
Mr. Sudler asked how the City would define excessive force so that the Police Chief would have the
right to discharge. Responding to Mr. Sudler, Mr. Rodriguez did not believe that it could be defined.
He stated that it would be a case-by-case decision.
Page 139
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 17
The motion to table consideration of the tentative labor agreement with the Fraternal Order
of Police (FOP) until the first meeting in January 2016 was carried by a unanimous roll call
vote (Cole absent).
RESOLUTION NO. 2015-16 PROPOSING THAT COUNCIL MEMBERS AND CIVILIAN
STANDING COMMITTEE MEMBERS ACT AS A COMMITTEE OF THE WHOLE ON
A TRIAL BASIS
Mr. Hare moved that Resolution No. 2015-16 be acknowledged by title only, seconded by
Mr. Neil and carried by a vote of seven (7) yes (Sudler, Neil, Lewis, Hosfelt, Hare, Hutchison,
and Slavin), one (1) no (Anderson), and one (1) absent (Cole).
Responding to Mr. Hare, Mr. Slavin explained that the trial basis would begin on January 26, 2016
and there was no end date included in the recommendation; however, Council could adopt this
meeting format at the Annual Council Meeting in May.
Mr. Hare moved for adoption of Resolution No. 2015-16, seconded by Mr. Sudler.
In response to Mr. Anderson, Mrs. Traci McDowell, City Clerk, explained that the Committee of the
Whole meetings would be held on each Tuesday following a Monday Council Meeting.
Mr. Anderson stated that this would basically double the number of meeting nights, noting his
understanding that it was not in the budget.
Resolution No. 2015-16 was unanimously adopted, as follows:
A RESOLUTION PROPOSING THAT COUNCIL MEMBERS AND CIVILIAN STANDING
COMMITTEE MEMBERS ACT AS A COMMITTEE OF THE WHOLE ON A TRIAL
BASIS
WHEREAS, in an effort to be more efficient and effective, to allow greater opportunity for
interaction and networking among elected officials and the civilian committee members, and to
enhance the decision making process by involving all members of City Council in discussions at the
Committee level, City Council has decided to temporarily set aside the Standing Committees as
provided for in the Dover Code and act as a Committee of the Whole on a temporary basis; and
WHEREAS, the Committee of the Whole, which would include all members of City Council and
the civilian members for the Parks, Recreation, and Community Enhancement; Safety Advisory and
Transportation; Utility; and Legislative, Finance, and Administration committees, would be chaired
by the Council President. Each of the chairpersons of the four (4) standing committees would chair
their respective committee meeting and the civilian members would participate in only their
committee’s discussions. The Committee of the Whole would enable members to give detailed
consideration to agenda items in a committee setting. In a Committee of the Whole the results of
votes taken are not final decisions, but have the status of recommendations which City Council
would consider further and vote on at its Regular meeting, either as a discussion item or on Consent
Agenda; and
Page 140
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 18
NOW, THEREFORE, BE IT RESOLVED that the City Council and civilian members of the
Standing Committees will act as a Committee of the Whole on a trial basis beginning on
January 26, 2016 and, if Council chooses to adopt this meeting format, an Ordinance amendment
regarding the Standing Committees will be presented for adoption prior to the Annual Meeting in
May.
ADOPTED: DECEMBER 14, 2015
REZONING REQUEST FOR PROPERTY LOCATED ON THE WEST PROPERTY LINE
OF 1042 SOUTH BRADFORD STREET - FIRST READING OF PROPOSED ORDINANCE
#2015-24
A request was received to rezone a 2,373+/- S.F. portion of a 10,373+/- S.F. parcel located adjacent
to the west property line of 1042 South Bradford Street, owned by Halpern Family Property
Investment, LP. The property is currently zoned R-8 (One Family Residence) and the proposed
zoning is C-1A (Limited Commercial).
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
By motion of Mr. Hutchison, seconded by Mr. Anderson, Council unanimously referred the
request to the Planning Commission and set a public hearing for February 8, 2016 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
< PROPOSED ORDINANCE #2015-24 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF A PORTION OF THE
PROPERTY LOCATED AT 1042 SOUTH BRADFORD STREET
FINAL READING - PROPOSED ORDINANCE #2015-21 AMENDING CHAPTER 82 -
PLANNING AND APPENDIX F - FEES AND FINES (PROPOSED NEW REVENUE
SOURCES)
The First Reading of the proposed ordinance was accomplished during the Council Meeting of
November 23, 2015. Copies of the proposed ordinance were available at the entrance of the Council
Chambers.
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Lewis and unanimously carried.
Mr. Scott Koenig, City Manager, stated that staff had been discussing issues related to new revenue
sources for a number of months. He advised that the proposed amendments would add new revenue
sources including fees for temporary certificates of occupancy for residential uses, temporary
certificates of occupancy for non-residential uses, zoning verification and administrative
interpretations, copies of utility bills, and credit checks. Mr. Koenig stated that the estimated
revenue from these new revenue sources was $31,760, and the fees would become effective
January 1, 2016, if adopted by Council tonight.
Page 141
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 19
By motion of Anderson, seconded by Hosfelt, and carried by a unanimous roll call vote (Cole
absent), Ordinance #2015-21 was adopted with an effective date of January 1, 2016, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 82, Planning, of the Dover Code be amended to read as follows:
Chapter 82 - Planning
Sec. 82-1. - Planning commission.
There is hereby created a planning commission. The members of the planning commission shall be
appointed by the mayor, subject to confirmation by the council. The planning commission shall
consist of nine members serving three-year terms. Two members shall be selected from each council
district and one member shall serve from the city at-large. The terms of the members shall be
arranged so that each year the terms of three members shall expire, and the expiration date shall be
on June 1. Incumbent members of the planning commission shall continue to serve beyond the
expiration of their term until a successor is appointed by the mayor and confirmed by the council.
(Code 1968, § 2-68; Ord. of 10-12-1970; Code 1981, § 17-1; Ord. of 6-27-1994)
Charter reference— Power of council to create planning commission, subpart A, § 23.
State Law reference— Planning commission, 22 Del. C. §§ 701—711.
Sec. 82-2. - City planner.
There is hereby established the office of city planner who shall be selected by the city council and
employed at the pleasure of mayor and council. The city planner shall be directly responsible to the
mayor and council.
(Code 1968, § 2-68; Ord. of 10-12-1970; Code 1981, § 17-2; Ord. of 1-9-2006; Ord. of
7-24-2006(1); Ord. No. 2009-24, 11-9-2009)
Sec. 82-3. - Planning services.
(a) Zoning verification letters/administrative interpretations. A zoning verification letter
or administrative interpretation will be provided by the city planner upon request to
verify the current zoning of a particular piece of property and the types of uses that are
allowed in that zoning district. A request for a zoning verification letter or
administrative interpretation shall be submitted using forms provided by the planning
office. Fees related to zoning verification letters shall be as provided for in Appendix
F - Fees and Fines.
(b) Content. A zoning verification letter or administrative interpretation may contain the
following information based upon the request received:
Page 142
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 20
(1) The zoning district of the property and any zoning overlay districts applicable
to the property.
(2) Verification that a particular use is permitted within the property's zoning
district.
(3) A list of permitted uses in the zoning district.
(4) Identification of any current Notice of Violations issued for code enforcement
violations on the subject property.
(5) Any other requested information determined by the city planner to be within
the scope of this section.
(c) Appeal of zoning verification letter or administrative interpretation. Any
determination made by the city planner may be appealed to the board of adjustment in
accordance with the provisions of Appendix B - Zoning, Article 9 - Board of
Adjustment, Section 2.2 - Appeal of administrative order, requirement, decision or
determination.
BE IT FURTHER ORDAINED:
That Appendix F, Fees and Fines, of the Dover Code be amended by inserting the following:
Description Fees and Fines (in dollars)
Chapter 82 - Planning
Sec. 82-3 Planning services
(a) Zoning verification letters/ $50.00 per
administrative interpretations letter/interpretation
Appendix B - Zoning, Article 8 - Enforcement and Penalties
Sec. 2 Certificates of occupancy
Subsec 2.4 Certificate of occupancy for one- $60.00
family residential uses
Temporary certificate of occupancy $75.00 for a maximum of
for one-family residential uses 45 days. Fee applies for
any extensions beyond 45
days
Page 143
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 21
Certificate of occupancy for uses $75.00 for the first 20,000
other than one-family residential uses square feet of building area,
plus the sum of $15.00 for
each additional 10,000
square feet of building area
in excess of the first 20,000
square feet or multiple
thereof.
Temporary certificate of occupancy $100.00 for a maximum of
for uses other than one-family 45 days. Fee applies for
residential uses any extensions beyond 45
days
ADOPTED: DECEMBER 14, 2015
EFFECTIVE: JANUARY 1, 2016
FINAL READING - PROPOSED ORDINANCE #2015-22 AMENDING CHAPTER 110 -
UTILITIES, ARTICLE II - ELECTRIC SERVICE AND APPENDIX F - FEES AND FINES
(REVIEW AND MAINTENANCE OF PLANNING AND CUSTOMER SERVICE FEES)
The First Reading of the proposed ordinance was accomplished during the Council Meeting of
November 23, 2015. Copies of the proposed ordinance were available at the entrance of the Council
Chambers.
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Lewis and unanimously carried.
Mr. Scott Koenig, City Manager, stated that Staff reviewed existing fees and proposed a series of
adjustments related to the maintenance of fees. He advised members that the proposed changes
related to Planning and Inspections and Customer Service Departments fees. Mr. Koenig explained
that the amendment included an increase in the return check fee from $25 to $40 as well as an
increase in the after hours utility re-connection fee from $50 to $100 between the hours of 5:00 p.m.
and 9:00 p.m. He stated that the estimated revenue generated from these proposed increases was
$225,000.
Mr. Koenig advised that the proposed increases for the Planning and Inspections Department
included fees for planning applications, public occupancy permits, certificates of occupancy,
mechanical permits, plumbing permits, rental permits, itinerant merchant licenses, vacant building
registrations, and sign permits.
Mr. Hare moved for the adoption of Ordinance #2015-22 (Exhibit #2),with an effective date
of January 1, 2016. The motion was seconded by Neil and carried by a unanimous roll call
vote (Cole absent).
Page 144
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 22
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Slavin stated that Council had received the resignation of S. Renee Smith from the Dover
Human Relations Commission (DHRC) (Exhibit #3), noting that she had served as the Commission
Chair. He advised that Council would be working with the DHRC to identify a candidate for the
chair position.
Mr. Slavin reminded everyone that the Council and committee meetings for the week of
December 28, 2015 had been cancelled due to the holidays.
Mr. Slavin wished a belated happy birthday to Mr. Neil as well as an early happy birthday to
Mr. Lewis.
Mr. Hosfelt acknowledged that the Public Works Department continued to do a good job in spite of
working with reduced staffing for several months. He stated that no one could have predicted that
the leaves would fall all at once, noting his appreciation for the hard work of the Department in
catching up and cleaning up the streets and neighborhoods in the City.
Mr. Anderson wished the Jewish community a happy final night of Hanukkah, noting that it is a great
holiday of freedom that inspires everyone. He also wished everyone a Merry Christmas.
Mr. Anderson stated that he intended to rise on a point of personal privilege and respond to the
statements by the distinguished representatives of the Dover Fraternal Order of Police, noting that
he was saddened by the verdict because he believed that it was wrong. He stated that we do not have
to pretend that it was right or that we agree with it, but we do have to move forward together in
acceptance. Mr. Anderson noted that the vast majority of the Dover Police Department does a great
job day in and day out, and having disappointment with one (1) officer should not affect everyone
else. He expressed his opinion that everyone should always have respect for the job being done.
Mr. Anderson felt that the Dover Police Department was the finest police force in the State, and
stated that he was pleased to support the Department and would continue to do so.
Mr. Sudler felt that it was a tragedy that the City of Dover had to bear this kind of injustice. As an
African American and a local legislator, he thought that the local and state levels needed to work
together to change some of the bill of rights for officers. Mr. Sudler expressed his opinion that, since
police chiefs understand the day in and day out and protect and serve the community, the Chief of
Police should be empowered with the authority to make decisions and the right to discharge a
member of the Police Department if he deems it necessary, without the interruption of the Fraternal
Order of Police or any bill of rights. Mr. Sudler stated that he was a strong supporter of a strong
mayor form of government and the Chief of Police. It was his belief that Chief Bernat, as well as
forms chiefs Hosfelt and Hutchison, had done a great job.
Mr. Hare moved for adjournment, seconded by Mr. Sudler and unanimously carried.
Page 145
CITY COUNCIL MEETING OF DECEMBER 14, 2015 PAGE 23
Meeting adjourned at 9:03 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of December 14, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\12-14-2015.wpd
Exhibits
Exhibit #1 - Statement submitted by Mr. EShed Alston
Exhibit #2 - Ordinance #2015-22 - Amending Chapter 110 - Utilities, Article II - Electric Service and Appendix F - Fees
and Fines (Review and Maintenance of Planning and Customer Service Fees)
Exhibit #3 - Letter of Resignation - S. Renee Smith - Dover Human Relations Commission
Page 146
EXHIBIT #1
Regular Council Meeting of 12/14/2015
PRESENTATION TO THE PUBLIC AND TO CITY COUNCIL OF PROOF IN
DEMONSTRATION OF INSTITUTIONAL ~'RAUD AND OF CORRUPTION
I. Opening: There is one unchanging supreme omnipresent omnipotent omniscient and Almighty
GOD. Before I give acknowledgement to anyone in this chamber I give thanks to Almighty
GOD. The manifest purpose of this presentation is to expose fraud and corruption but for fraud
and corruption I will not be obstructed in a public body in exposing the fraud and the corruptions
Before I get started I would like to take some time at year's end to thank Mayor Robin
Christianson who is not at all a subject of my complaint of institutional fraud and corruption.
2. Documentation of a claim of historical figure standing and status and of malicious prosecution
by the Obama administration relating to the filing of U.S. Of America v. Alston action taken in
federal court unlawfully by Charles Oberly U.S. Attorney and Obama appointment in 20 I 0 and
registered democrat as is the current governor to remove and replaced unlawfully. Suit filed Nov
6, 20 t 5 in Superior Court contesting the illegality of being illegally permanently ban by a racist
judge Vaughn given Alston is descendant of Delaware slavery from a 1891 land grant institution.
And regarding the You tube posting of Nov. 16, 2015, the heading: EShed the Prophet speak;;.
3. Before I go any further as time is limited in this forum, historical status/standing are as a result
of filing more documents then anyone without an attorney black or white in Delaware's long
history, in every court to include federal filings outside of the state successfully without an
attorney is without peer black or Caucasian over the past 35 years. It is important to expose the
disparity that exist between reality regarding the Webster decision and social perceptions as is
perpetrated by the Caucasian controlled media limited by information coming from their black
proxies. I take this oppo1tunity to make a public record plea and an appeal to the NAACP outside
of the State of Delaware because I will get no help or assistance from inside the State as a Black
Republican opposing a Democrat governor Markell my plea and my appeal are to Maryland
Pennsylvania New York or New Jersey or anyone in the surrounding areas within the sound of
my voice because of the existence of proxy racism it is noted that the current president of the
Dover branch of the NAACP is in fact a Black Republican in lock step with the democrat
governor Markell who I have sued in federal court regarding Alston v. Markell 15 CV-235 SLR.
4. We have heard of Black on Black crime whereas most criminal assaults statistically are by
Black persons against other black persons. What is exposed herein is a similar civil circumstance
perpetrated by Black persons marginalizing the black community against the disenfranchised
black community best interest by intentionally doing the perverted bidding of the white racist the
proxy represent in fact and in function a good example of what I am exposing is the city of
Dover human relations commission in I 0 years from 2005 to 2015 resolved no complaint I filed
several personally and conducted no interviews or competent investigation of any kind in 10
years as a benefit of the perpetuation of Caucasian exploitation. The phenomenon as described
hereinabove is specifically to promote proxy racism aided and abetted by the Caucasian owned
and operated State news News Journal and WBOC and WMDT local broadcast media broadcast.
Page 147
UPDATED FOIA DEMAND IN WRITTEN REQUEST FOR AUDIT AND FOR ALL
DOCUMENTS SERVED ON THE CITY BETWEEN 2005 AND 2015 BY ESHED ALSTON
TO THE CITY OF DOVER HUMAN RELATIONS COMMISION THE INQUIRY REGARDS
DOCUMENTED CLAIMS OF FRAUD AND OF CORRUPTION JN THE INTENTIONAL
DEMONSTRATION OF FAILURE TO PERFORM OVER THE EXTENDED 10 YEAR
PERIOD AMOUNTS TO LONG TERM DELIBERATE EXPLOITATION OF THE AT RISK
DISENFRANCHISED AND MARGINAILZED BLACK COMMUNITIES PUBLIC SAFETY
1. Over an extended period of I 0 years the "City" HRC Human Relation Commission existed for
the benefit of the Black citizens. To the extent that this body was created the city HRC has as its
foundation the Reggie Hannah case repercussions as it origin and came to be as a direct result of
the social environment of public distrust in the Black communities between 2003 and 2005 and.
2. Due to fraud and corruption and what is described herein as proxy Black racism whereas black
persons do the bidding of Caucasians who are actually pulling the racist strings of the black
proxy puppet to fabricate a false narrative has been promoted to revise history by some. I EShed
Alston was prut of the initial process of the creation of the City HRC 10 years ago that material
fact will not be lost or replaced with either revised history or either false doctored narratives and.
3. (a) What are the number of documents filed by number (b) By number how many were FOIA
( How is it that year after year after yeru· after year after year after year after year after year after
year after year with the HRC in receipt of several written complaints from EShed Alston (a) no
complaint is investigated,(b) no complaint is resolved,(c) no complaint interviews are conducted
in 10 years (d) No complaint resolution process or processing are conducted at all. Why was the
chairman not replaced by the city but rather was rewarded for his 10 years of service rendered.
5. It is asserted herein as a valid claim herein but for fraud and corruption to disenfranchise and
to marginalized HRC purpose and function from day one by the use of a proxy actor and in twn
continue to disenfranchise the already marginalized black communities over the past 10 yeru·s by
proxy that is the reason that no replacement was made that should have been made the first year.
6. This is a FOIA FILING request wherein official records demanded are required whereas fraud
and corruption are the causation for the noted failure to perfo1m that is based on objectionable
racism necessitating a audit. Reasonable concerns expressed ru·e that long term objectives and
policies controlled at all times by the City Council appear to be actionable fraudulent corruption.
Page 148
MEMORANDUM OF CIRCUMSTANTIAL RECORD OF RELEVANT EVENTS THE
WEBSTER DECISION WAS INDICATIVE OF FRAUD AND CORRUPTION IN THE
BLACK COMMUNITY THAT HAS NOTHING TO DO WITIT CAUCt\SIAN RACISM
There is on supreme unchanging and omnipotent omniscient omnipresent and almighty GOD
l .The multiple purposes of this particular document are as stated (a) to document a specific claim
of and as a bona fled historical figure verified by official public record of accomplishment in fact
based on 35 years of successful court filings (b) reliance on court documents producing a record
as the most prolific filer of civil rights complaint on behalf of and as a Tepresentative of the
Black community in fact and function in every court in the State and in the nation to include 5
certiorari dockets before the U.S. Supreme to establish and document a unique 35 year record of
historical status and standing as a legal professional without peer in the State Black or Caucasian.
2. Responsible knowledgeable analysis of the Webster case decision rendered by a jury warrants
inte1ligent discussion on the jury members impounded. For example subsequent to the decision
what were the options noted as predicated on what a jury might do. A jury could find a defendant
guilty or acquit as was the case and. Successful strategies would have been considerate of either
outcome. For example due to the optics of a brutal attack on a human being citizen was a
'
complaint ever filed before or after to the U.S. Attorney's office as a violation of both the Hate
Crimes Reporting Act of 1990 and or as a civil rights violation of the victims civil rights in a
brutal assault at any time prior to voir dire and. Where relevant concerns raised or documented
preserving an appellate record of any status standing and legal capacity consideration made and
or of any disqualifying criteria of any of the prospective jurors made before they were seated. 3.
What is before the Black community is a cross road in the Webster case predicated on the failure
to get a just decision based not on Caucasian racism but rather on a documentation of self
inflicted wounds and fraud and on corruption in the Black community. As a illustration and
documentation of incompetence fraud and corruption one does not hire a florist to repair ones car
likewise one does not consult with a ditch differ on how a proper manicure or pedicure are done.
4. EShed Alston is a person possessing the required and necessary legal skills being intentionally
kept out of the information loop by Black members of City Counsel and by the current president
of the Dover NAACP Lamar Gunn I believe in concert with them. The circumstances noted are
both counterintuitive and are unquestionably ineffective as a Black community public policy.
Page 149
EXHIBIT #2
Regular Council Meeting of 12/14/2015
CITY OF DOVER ORDINANCE #2015-22
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
MET:
That Chapter 110 - Utilities, Article II - Electric Service, of the Dover Code be amended by inserting a new
Section 110-33. - Charge for discontinuing or restoring electric service, as follows:
Sec. 110-33. - Charge for discontinuing or restoring electric service.
(a) Maintenance and repair. There will be no charge for turning on or off any electric service for
maintenance and repair purposes if done between the hours of 7:00 a.m. and 5:00 p.m. There will
be a charge as provided for in Appendix F—Fees and Fines, for all service calls between 5:00 p.m.
and 7:00 a.m.
(b) Nonpayment. There will be a service charge as provided for in Appendix F—Fees and Fines paid
prior to turning on any electric service discontinued for nonpayment.
BE IT FURTHER ORDAINED:
That Appendix F - Fees and Fines, of the Dover Code be deleted in its entirety and inserting in lieu thereof
the following:
APPENDIX F - FEES AND FINES
Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any
provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines not paid
within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically
doubled in amount.
Fees and Fines
SUBPART B - RELATED LAWS
Sec. 2 - Licenses
Not in excess of
Subsec. (c) - Fines - Operating a business without a license
$100.00
Fees and Fines
CODE OF ORDINANCES
Chapter 1 - General Provisions
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Not less than
Sec. 1-17 - General Penalty; separate offenses; unpaid fines $25.00, nor more
than $1,000.00
Page 150
Fees and Fines
Chapter 10 - Alcoholic Beverages
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 10-1 - Consumption or possession
Subsec. (c) - Underage persons $100.00
Fees and Fines
Chapter 18 - Animals
Mandatory and nonsuspendable fine of at least the minimum fine for each offense. Fines not paid
within 14 days of the day the fine was issued, including the day the fine was issued, shall be
automatically doubled in amount.
Not less than
Sec. 18-3 - Keeping swine; for each violation $25.00 or more
than $100.00
Not less than
Sec. 18-4 - Running at-large; for each violation $25.00 or more
than $100.00
Not less than
Sec. 18-5 - Dog licenses required; for each violation $25.00 or more
than $1,000.00
Sec. 18-6 - Noisy animals or fowl
Not less than
$50.00 or more
than $100.00 shall
Subsec. (b) - Notice; abatement; fine
be subject to a fine
until such
nuisance is abated
Not less than
Sec. 18-7 - Hitching to public trees; for each violation $10.00 Or more
than $100.00
Sec. 18-8 - Excrement
Not less than
Subsec. (g) - Violations; penalties $25.00 or more
than $1,000.00
Sec. 18-9 - Vicious dogs and animals - Generally
Subsec. (f) - Violations; penalties; for each violation $100.00
Sec. 18-12 - Cruelty
Subsec. (6) - Violations; penalties; for each violation $100.00
Sec. 18-13 - Public nuisances
Not less than
Subsec. (d) - Violations; penalties; for each violation
$25.00 or more
Page 151
than $100.00
Sec. 18-16 - Keeping bees
Not less than
Subsec. (m) - Violations; penalties, for each violation $25.00 or more
than $100.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article III—Building Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-61 - Adopted (International Building Code)
Sec. 105.5.1 - Expiration; Additional 180 day extensions may be $25.00 per 180 -
granted with payment of a renewal fee day extension
Fine of not less
Sec. 113.4 - Violation penalties; Each day that a violation continues than $100.00 or
shall be deemed a separate offense more than
$10,000.00
Sec. 114.3 - Unlawful continuance
First offense $100.00
Second offense $250.00
Third offense $500.00
No less than
$1,000.00 and no
Fourth and subsequent offenses
more than
$10,000.00
Sec. 22-65 - Permit fees
Fees shall double in the event that a permit is applied for after construction has commenced without the
permission of the building inspector. The building inspector may waive the doubling of fees in cases
where the building permit applicant is not a professional contractor, and the work is not being done by
a professional contractor.
$25.00 for first $1,000.00 of costs and
$8.00 for each additional $1,000.00 of
costs or multiples thereof up to
$10,000,000.00 of costs, $6.00 for
each additional $1,000.00 of costs or
Subsec. (a) - Building permits
multiple thereof up to
$20,000,000.00, and $5.00 for each
additional $1,000.00 of costs or
multiple thereof above
$20,000,000.00
$25.00 for first $1,000.00 of costs and
Subsec. (a) - Fence permits $8.00 for each additional $1,000.00 of
costs or multiple thereof
Page 152
$0.75 per square foot of sign area;
Subsec. (a) - Sign permits
minimum fee for each permit $50.00
$25.00 for first $1,000.00 of costs and
Subsec. (a) - Swimming pool permits $8.00 for each additional $1,000.00 of
costs or multiple thereof
Subsec. (a) - Demolition permits, any building
$50.00; $0.00 if condemned and
which is being demolished for the purpose of
required to be demolished by the city
vacating the land for future development or
or any public entity
construction upon the same
Subsec. (a) - Moving permits, each building $250.00
$20.00 per set of
Subsec. (a) - Construction plan reviews, nonresidential (Not subject
plans
to doubling)
Subsec. (b) - Reinspections (Not subject to doubling)
First reinspection ..... $0.00
Second reinspection ..... $25.00
Third reinspection ..... $50.00
Any subsequent reinspection ..... $100.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article IV - Electrical Installations
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Not less than
Sec. 22-110 - Violations $25.00 or more
than $1,000.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article V—Mechanical Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-145 - Heating, air conditioning, and heat pump permit fees
Fees shall double in the event that a permit is applied for after construction has commenced without
the permission of the building inspector.
$40.00 first
10,000 BTUs and
$7.00 each
Subsec. (a) - Heating permit
additional 10,000
BTUs or multiple
thereof
Subsec. (a) - Air conditioning permit $40.00 per ton
Page 153
for the first five
tons and $7.00
per ton over five
tons or multiple
thereof
$40.00 first
10,000 BTUs and
$7.00 for each
additional 10,000
BTUs or multiple
Subsec. (a) - Heat pump permit thereof or $40.00
per ton for the
first five tons and
$7.00 per ton
over five tons or
multiples thereof
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article VI - Plumbing Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-185 - Permit fees
Fees shall double in the event that a permit is applied for after construction has commenced without
the permission of the building inspector. The building inspector may waive the doubling of fees in
cases where the building permit applicant is not a professional contractor, and the work is not being
done by a professional contractor.
Subsec. (a) - Enumerated
$35.00 first five
fixtures and
Fixtures
$3.00 for each
additional fixture
A minimum fee
Garbage disposal and hot water heaters
of $35.00
$30.00 for first
150 feet and
$0.75 for each
Gas, water and sewer inspection underground
additional ten
feet or multiple
thereof
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article VIII - Leases
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
Page 154
shall be automatically doubled in amount.
Sec. 22-251 - Unlawful leases
Subsec. (g) - Violations; penalties
First offense $50.00
Each subsequent offense $100.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article IX - Lodging Houses, Division 2 - Permit
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-301 - Generally
Subsec. (b) - Expiration; fee
$50.00 for the
first ten rooms
Annual permit fee and $5.00 for
each additional
room.
$50.00 for the
first ten rooms
Annual dormitory permit fee and $2.50 for
each room
thereafter.
A penalty fee in
the amount of ten
percent per
Subsec. (c) - Failure to pay on due date month of the
amount of the
license fee until
the same is paid.
Subsec. (d) - Reinstatement fee $100.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, Division 2 - Permit
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-332 - Inspection required
Subsec. (b) - Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $50.00
If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per
month of the amount of the license fee until the same is paid.
Page 155
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-351—Generally
Subsec. (a) - Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $100.00
Single-family attached dwelling, each dwelling $80.00
Subsec. (b) - Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $100.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $100.00
For each additional dwelling unit in excess of three $35.00
Condominium units and accessory apartments located within
$35.00
structures principally used for owner occupancy, each
A penalty fee in
the amount of ten
percent per
Subsec. (c) - Late payment penalty month of the
amount of the
license fee until
the same is paid.
Subsec. (d) - Reinstatement fee $100.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article XI - Dangerous Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-386 - Violations; penalties for disregarding notices or orders
Subsec. (a) - Violations by owner, each offense, minimum $100.00
Subsec. (b) - Violations by occupant or lessee, each offense,
$100.00
minimum
Subsec. (c) - Removal of notice, each offense, not to exceed ..... $100.00
Fees and Fines
Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-403 - Registration and Registration Fees
Subsec. (a)(2)b.(ii) - Registration fee
Residential buildings and non-residential buildings <10,000
Page 156
SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than
$750.00
two years
Buildings vacant for more than two years but less
$1,500.00
than three years
Buildings vacant for more than three years but less
$3,000.00
than five years
Buildings vacant for five years or longer $5,000.00
Fees and Fines
Chapter 26 - Businesses, Article II - Licenses
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 26-35 - License required; fees
Subsec. (d)(1) - Businesses licensed
Advertising agency $95.00
Amusement operator $157.00
Architect $250.00
Attorney-at-law $313.00
ATM machines (third-party or off bank premises) $50.50
Auctioneer $157.00
Automobile race operator $375.00
Bank, or loan and trust company $313.00
Barber $63.00
each additional chair over two $4.00
Beautician $63.00
each additional chair over two $4.00
Broadcasting station $313.00
Broker $157.00
Car wash $188.00
Certified public accountant $250.00
Cesspool cleaner $125.00
Chiropractor $313.00
Clinical social worker $96.00
$3.00
Coin-operated amusement machine owner
Per machine
Coin-operated vending machine owner $3.00
Page 157
Per machine
$125.00
Coin-operated electronic video machine
Per machine
Commercial sign business $125.00
Computer-related services $125.00
Consultant $50.50
Day care operator:
Center or home provider with greater than six
$50.50
children
Dentist $313.00
Distributor $63.00
Dray person or mover $125.00
Eating establishment and/or eating establishment operator $125.00
Employment agency $125.00
Entertainer:
One - three entertainers per group $50.50
Four - nine entertainers per group $95.00
Ten or more $125.00
Entertainment agent $188.00
Finance or small loan agency $250.00
Fitness trainer $69.00
Funeral director $250.00
Gaming position $155.00
Gas, light, power, cable TV and telephone company $938.00
General repairman $63.00
Health spa or health club $188.00
Home day care operator $25.50
Hotel:
Per room $9.50
Per suite $12.50
Income tax consultant $188.00
Incorporator $125.00
Insurance adjustor office $125.00
Itinerant merchant, per event $100.00
Janitorial and cleaning service:
One - three employees $50.50
Four - nine employees $95.00
Ten or more employees $125.00
Page 158
Landscape service company:
One - three employees $50.50
Four - nine employees $95.00
Ten or more employees $125.00
Laundry service operator:
Primary facility $125.00
Additional drop-off locations $50.50
Linen supplier $125.00
Manicurist $32.00
Manufacturer's agent or representative $125.00
Mercantile agency or collection agency $125.00
Mobile home park, per space $7.00
Motel, per room $7.00
Motion picture theater $188.00
Motor vehicle serviceman $95.00
Nursing, rest or convalescent home $188.00
Open market operator:
First 20 spaces, per rented space $22.50
21st - 50th space, per rented space $11.50
Each space over 50, per rented space $6.00
Outdoor tables, per table $6.00
Optometrist $313.00
Pawnbroker $188.00
Pest control services $95.00
Pharmacist $188.00
Photographer $125.00
Physical therapist $188.00
Physician and/or surgeon $313.00
Plant nursery and florist $95.00
Podiatrist $313.00
$63.00/
Pool table operator, per table Maximum fee
$189.00
Printer $125.00
Private investigator agency $188.00
Professional counselor $63.00
Professional engineer $250.00
Professional land surveyor $250.00
Page 159
Psychologist $313.00
Public accountant $188.00
Public stenographer $38.00
Publisher $313.00
Real estate broker, appraiser, and manager $157.00
Real estate development corporation $344.00
Real estate property manager:
One - three units managed $50.50
Four - ten units managed $125.00
Ten + units managed $125.00
Real estate salesperson or associated broker $50.50
Rental service $125.00
Sales representative $50.50
School and educational service (nonvocational) $63.00
School and educational service (vocational) $125.00
Scientific laboratory $250.00
Scrap and waste material service $125.00
Secondhand dealer of precious metals $125.00
Security service $188.00
Self-service laundry or dry cleaner $125.00
Shoe repairman $50.50
Sound truck, per hour $33.00
Tailor and garment service $50.50
Taxicab or bus operator:
First vehicle $26.00
Each additional vehicle $26.00
Tourist home, per room $7.00
Trailer park, per space $7.00
Travel agency $125.00
Veterinarian $313.00
Warehouseman $250.00
Wholesale news agency $63.00
All other businesses not listed:
One - three employees $50.50
Four - nine employees $95.00
Ten - 50 employees $125.00
51 - 100 employees $313.00
Page 160
$0.00046 of
aggregate gross
Subsec. (d)(2) - Manufacturers/contractors rate receipts/
Minimum fee
$125.00
$0.00046 of
aggregate gross
purchases for
Subsec. (d)(3) - Merchants/bottlers rate
resale/
Minimum fee
$63.00
rate of $0.00046
of the aggregate
gross receipts
(defined as
Subsec. (d)(4) - Sports betting and horse racing (Simulcast)
commission) for
each activity/
Minimum license
fee $125.00
A penalty fee in
the amount of ten
percent per
Sec. 26-42 - Penalty for late payment of license fee month of the
amount of the
licensee fee until
the same is paid
Fees and Fines
Chapter 26 - Businesses, Article III - Going-Out-Of-Business Sales; Fire Sales
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Division 1- Generally
Not less than
Sec. 26-108 - Violations; penalties $25.00, nor more
than $1,000.00
Division 2 - License
$25.00; renewal
Sec. 26-137 - Fees
fee $25.00
Fees and Fines
Chapter 30 - Code of Conduct and Ethics Commission, Article II - Code of Conduct
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Page 161
Sec. 30-33 - Prohibitions relating to conflicts of interest
Not to exceed
Subsec. (g)(1) - Criminal Sanctions, penalties
$1,000.00
Fees and Fines
Chapter 38 - Emergencies, Article II - Civil Emergencies
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
be automatically doubled in amount.
Division 3 - State of Emergency
Not less than $25.00,
Sec. 38-84 - Violations; penalties nor more t h an
$1,000.00
Fees and Fines
Chapter 42 - Environment
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 42-2 - Noise
Not less than
Subsec. (d) - Violations; penalties $50.00 nor more
than $100.00
Fees and Fines
Chapter 46 - Fire Prevention and Protection, Article I - In General
Sec. 46-1 - Means of egress
Subsec. (f) - Penalties
$25.00 first
offense $50.00
Any exit access, exit, or exit discharge, with the exception of
second or
a locked exit door, found to be in violation of this section
subsequent
offense
$100.00 each
Any required exit door found to be locked against egress
locked exit
Sec. 46-3 - Impairment of Fire Protection Equipment
$50.00 first
offense; $100.00
Subsec. (f) - Fines second and
subsequent
offenses
Sec. 46-7 - Preventable and malfunctioning alarms to the fire company
Page 162
Should the
person notified
fail to appear at
said premises
within 30
Subsec. (b)(1) - Responsibility for malfunctioning and preventable minutes after
alarms, owner response, and corrective action; Generally being notified to
do so, the city
may charge the
owner of the
premises a fine of
$75.00
Failure to return
documentation of
service/repair
within the period
of time stated on
the notice of
violation, which
Subsec. (b)(2) - Responsibility for malfunctioning and preventable
is satisfactory to
alarms, owner response, and corrective action; Malfunction
the fire marshal,
will result in
assessment
against the owner
of a fine for the
fire alarm
malfunction
Subsec. (c)(1) - Fine charges; multiple fire alarm malfunctions or preventable alarms;
Amount of fine
F i n e p e r
preventable or
Number of preventable or malfunctioning fire alarms
malfunctioning
fire alarm
Third $75.00
Fourth $100.00
Fifth $200.00
All over fifth, each $250.00
A $25.00 fine
may be assessed
to the owner of a
premises where
Subsec. (c)(2) - Fine charges; multiple fire alarm malfunctions or the fire alarm has
preventable alarms; Panel reset been reset before
t h e f i r e
department or
assisting fire
department
Page 163
arrives
Sec. 46-8 - Maintaining a known violation or hazard
Not less than
Subsec. (c)(1) - Penalties; Any fines issued for violation of this
$25.00, nor more
section
than $1,000.00
Fees and Fines
Chapter 46 - Fire Prevention and Protection, Article II - Fire Department
Division 1 - Generally
Fine of not less
than $25.00, nor
more than
Sec. 46-45 (b) - Failure to answer alarms, orders and perform duties $1,000.00 or by
orderly; Penalties suspension from
t h e f i r e
department or
both
Fees and Fines
Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes
Fees established in subsection (b) of this section shall be doubled in the event that a permit is
applied for after construction has commenced without the permission of the fire marshal. The fire
marshal shall waive the doubling of fees in cases where the permit applicant is not a professional
contractor and the work is not being done by a professional contractor.
Sec. 46-126 - Fire Prevention Permit
$12.00 for each
$1,000.0 0 o f
costs or multiple
thereof of the fire
protection
Subsec. (b) - Fee; Each applicant
system; provided
that a minimum
fee for each
permit shall be
$50.00
Subsec. (c) - Reinspection
First reinspection No charge
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Subsec. (d) - Fire signaling system inspection fee
Certificate of inspection $25.00 each fire
Page 164
alarm system
Exception: apartment or other multifamily dwelling - $25.00 each fire
Five or less buildings per complex alarm system
$15.00 each fire
alarm system up
to a maximum of
20 buildings.
Exception: apartment or other multifamily dwelling -
Maximum fee per
More than five buildings per complex
complex not to
exceed $300.00
for fire alarm
systems
Subsec. (e) - Fire suppression system inspection fee
$25.00 each fire
Certificate of inspection suppression
system
$25.00 each fire
Exception: apartment or other multifamily dwelling - Five or
suppression
less buildings per complex
system
$15.00 each fire
suppression
system up to a
maximum of
twenty (20)
Exception: apartment or other multifamily dwelling - More buildings.
than five buildings per complex Maximum fee per
complex not to
exceed $300.00
f o r f i r e
suppression
systems
Sec. 46-127 Smoke detection devices
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Revocation of
any existing
license to do
business in the
Subsec. (g) - Violations; penalties
city, or a fine of
not more than
$100.00 per
violation, or both
such penalties
Page 165
Fees and Fines
Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies
Sec. 46-164 - Fees
Churches $50.00
Civic auditoriums $50.00
Clubhouses $100.00
$50.00 first 200
seats and $5.00 for
Commercial auditoriums
each additional 50
seats
Day care facilities $50.00
$15.00 first ten
rooms and $2.00 for
Hospitals, nursing homes or rest home
each additional
room
Mercantile (10,000 square feet of area or greater) $50.00
Outdoor public events, including but not limited to firework displays,
$250.00
carnivals, and outdoor music concerts
Public office buildings $50.00
Restaurants (10,000 square feet of area or greater) $50.00
Restaurants of any size that serve alcoholic beverages $75.00
School $50.00
$50.00 for the first
200 seats and $5.00
Theaters
for each additional
50 seats
Sec. 46-168 - Reinspection Fee
$25.00 for any
repeated violation
cited by the fire
marshal, determined
to be a violation and
Subsec. (a) - Amount
which requires a
followup inspection
to confirm the
correction of the
violation
A fee may be
attached to any
Subsec. (b) - Fee Attached summons written for
any violation found
to be uncorrected
Page 166
upon reinspection
Fees and Fines
Chapter 46 - Fire Prevention and Protection, Article V - Fire Lanes
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 46-202 - Violations; penalties
Any property owner
Subsec. (c) - Other obstructions or tenant found to be
in violation; $50.00
Any property owner
Subsec. (d) - Failure to mark found to be in
violation; $50.00
Any property owner
Sec. 46-205 - Responsibility of owner or tenant found to be in
violation; $50.00
Fees and Fines
Chapter 50 - Floods, Article II - Administration
Sec. 50-22 - Permits Required
Permit $50.00
Permit extension $25.00
Not less than $25.00
nor more than
Violation and non-compliance penalties
$100.00, plus cost of
prosecution
Fees and Fines
Chapter 52 - Freedom of Information Act Related to Public Records Access
Sec. 52-3 - Fees for Responding to FOIA Requests
Administrative Fees
First 30 minutes of staff time No charge
Hourly salary plus
overhead rate of the
lowest paid staff
Staff time in excess of 30 minutes member capable of
p e r form i ng t h e
service. Billed in
1 5 - m i n u t e
increments.
Production Fees - Photocopies
Fees for printing the first 10 standard-sized black and white
Waived
or the first 5 color copies (single sided)
Page 167
Standard-sized (8.5" by 11", 8.5" by 14", or 11" by 17") $0.25 per sheet
black and white copies (each side)
Standard-sized (8.5" by 11", 8.5" by 14", or 11" by 17") color $0.50 per sheet
copies (each side)
$30.00 per sheet
Oversized copies (larger than 11" by 17")
(each side)
Production Fees - Electronically generated records
Files provided via PDF (via email) No charge
CD or DVD (including case) $2.00
Material cost to
Other Electronic Storage Costs
generate records
Other Costs
Other costs associated with filling the request, such as postage, are the responsibility
of the requestor. If the City does not have the resources or equipment to duplicate
requested records, the City, at its discretion, may arrange to have records duplicated
by an outside contractor. In this instance, the requestor will be liable for payment of
these costs.
Fee Waivers
The FOIA Coordinator or designee shall have the authority to determine if a fee for
a FOIA request shall be waived and the following criteria shall be used to render such
a decision:
1) The public record is already available in duplicate form (extra copies).
2) The request for public record is made by an individual who is entitled to
information under the FOIA and who submits an affidavit, provided by the City upon
request, which shall state that the individual is then receiving public assistance or, if
not receiving public assistance, stating facts showing inability to pay the cost because
of indigence. A person shall be considered indigent if that person's income level is at
or below the federal poverty level, as established by the Bureau of the Census.
3) No written request will be required or charges levied for requests to review specific
documents which are required by ordinance to be made available to the public by the
City Clerk.
Payment
Payment of fees related to FOIA requests will be due prior to any related service being
performed. Full payment of all final costs incurred must be received prior to the
retrieval and release of information.
Fees and Fines
Chapter 54 - Health and Sanitation, Article I - In General
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 54-4 - Smoking Regulations
Subsec. (d) - Violations; penalties; appeals
Not to exceed
$25.00; each day
Subsec. (2) - Penalties such violation
cont i nues shall
constitute a separate
Page 168
offense
Fees and Fines
Chapter 54 - Health and Sanitation, Article II - Food and Food Handlers, Division 2 - Certificate
Sec. 54-52 - Fee
Subsec. (a) - Type of establishment
Mobile food units $50.00
Push carts $25.00
For-profit temporary eating places $25.00
Membership clubs $50.00
Institutions $100.00
Subsec. (b) - Services provided
Breakfast service $15.00
Lunch service $18.00
Dinner service $18.00
Salad bar service $15.00
Hot and cold buffet, including salad bar service $40.00
Drive through service $75.00
Delivery service $20.00
Catering service $15.00
Takeout service $20.00
Seating service:
100 - 150 $50.00
151 - 200 $75.00
201 or more $100.00
Fees and Fines
Chapter 54 - Health and Sanitation, Article V - Rat Control
Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of
any provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines
not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
be automatically doubled in amount.
Unless the work and
improvements have
been completed by
Sec. 54-155 - Compliance with notice to ratproof the owner in the
time specified in the
written notice,
which in no event
Page 169
shall be more than
15 days, or within
the time to which a
written extension
may have been
granted by the
health inspector,
then the owner shall
be punished by a
fine of not less than
$25.00, nor more
than $1,000.00
Unless eradication
measures are
undertaken within
five days after
receipt of the notice,
Sec. 54-156 - Compliance with notice to eradicate rats the owner or
occupant shall be
punished by a fine
of not less than
$25.00, nor more
than $1,000.00
Fees and Fines
Chapter 59 - Juvenile Curfew
Sec. 59-7 - Violations and penalties.
First offense by a
parent - $50.00;
each subsequent
offense by a parent
shall be increased
Subsec. (a)(1) - Offenses by the parent
by an additional
$20.00: e.g., $70.00
for the second
offense and $90.00
for the third offense.
Subsec. (a)(2) - Personnel costs incurred by the City of Dover for The hourly wage
providing personnel to remain in the company of a juvenile who has and cost of benefits
been detained as a curfew violator if the parent or guardian does not of the city employee
pick up the juvenile within one hour after receiving notice from the assigned to remain
city that the city is detaining the juvenile for a curfew violation with the juvenile
$50.00 for first
Subsec. (c) - Operators - Any operator who knowingly permits a
offens e b y a n
juvenile to remain at the establishment under circumstances not
operator; for each
constituting an exception
subsequent offense
Page 170
the fine shall be
increased by an
additional $20.00:
e.g., $70.00 for the
second offense and
$90.00 for the third
offense
$50.00 for the first
offense; for each
Subsec. (d) - False certification - Any parent convicted of knowingly
subsequent offense
providing any false authorization, information or certification,
the fine shall be
written or verbal, to the Dover police department in violation of
increased by an
section 59-4(c)
additional $20.00,
plus costs
Fees and Fines
Chapter 62 - Law Enforcement, Article I - In General
Fees not paid within 30 days of the day the fee was issued, including the day the fee was issued,
shall be automatically doubled in amount.
Sec. 62-2 - False alarms to police
Subsec. (c)(1) - Violations; penalties
Amount of Fee Per
Number of False Alarms
False Alarm
3-5 $25.00
6-9 $50.00
10 - 15 $100.00
16 and over $150.00
Fees and Fines
Chapter 66 - Manufactured Homes and Trailers
Sec. 66-2 - License
Subsec. (a) - Required fee $45.00 each license
A fine of not less
than $25.00, nor
more than $1,000.00
and a penalty fee of
Subsec. (b) - Payment; penalties ten percent per
month shall accrue
on t he unpaid
balance of the
license fee
Page 171
Fees and Fines
Chapter 70 - Offenses and Miscellaneous Provisions
Sec. 70-1 - Combative fighting
Not to exceed
$1,000.00. Separate
fines may be issued
to the promoter of
such an event,
Subsec. (d)(1) - Violations; penalties, Fines
participants in such
an event, and the
owner of the
premises of such an
event
Sec. 70-7 - Registered Sexual Offenders
$500.00 for any
offense; each day
Subsec. (d) - Penalties
shall constitute a
separate offense
Fees and Fines
Chapter 74 - Parks and Recreation, Article I - In General
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Not to exceed
Sec. 74-51 - Operating any nonpermitted motorboat on Silver Lake $200.00, and not
less than $100.00
Not to exceed
Sec. 74-52 - Same - Fine $100.00, and not
less than $10.00
Fees and Fines
Chapter 78 - Peddlers and Solicitors
A fine of not less
Sec. 78-4 - Refusing to leave premises than $25.00, nor
more than $1,000.00
Fees and Fines
Chapter 82 - Planning
Sec. 82-3 - Planning services
(a) Zoning verification letters/administrative interpretations $50.00 per
letter/
interpretation
Page 172
Fees and Fines
Chapter 86 - Secondhand Goods, Article II - Precious Metals, Division 2 - License
Sec. 86-63 - Fee $25.00 per license
Penal sum of
Sec. 86-64 - Bond required
$1,000.00
Fees and Fines
Chapter 90 - Solid Waste
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Not in excess of
$100.00, nor less
Sec. 90-17 - Violations; penalties
than $5.00 for each
violation
Fees and Fines
Chapter 98 - Streets, Sidewalks and Other Public Places, Article I - In General
Not in excess of
Sec. 98-5 - Duty of tenants or owners to maintain sidewalks and landscaped $100.00, nor less
areas within the street right-of-way than $5.00 for each
violation
Fees and Fines
Chapter 98 - Streets, Sidewalks and Other Public Places, Article V - Excavations, Division 2 - Permit
Maximum of
Sec. 98-193 - Bond $5,000.00 per
opening
Fees and Fines
Chapter 98 - Streets, Sidewalks and Other Public Places, Article VI - Parades, Division 2 - Permit
$10.00. This fee
may be waived, in
Sec. 98-243 - Fee at the time of filing the application for a parade permit
whole or in part, by
the chief of police.
Fees and Fines
Chapter 102 - Taxation, Article I - In General
Page 173
Sec. 102-2 - Delinquent property tax collection costs
Fee of $50.00 added
to amount due, plus
Subsec. (a) - Action to collect delinquent property taxes filed in a court costs and
court of appropriate jurisdiction service fees assessed
by state or county
offices
Additional fee of
$100.00 shall be
added to the amount
Subsec. (b) - Action proceeds and a writ of venditioni exponas
due, plus court costs
monition or similar execution process is filed
and service fees
assessed by state or
county offices
Fees and Fines
Chapter 102 - Taxation, Article III - Realty Transfer Tax
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 102-79 - Violations; penalties, Any person guilty of conduct prohibited A fine of not more
in section 102-78 - Prohibited acts enumerated than $100.00
Fees and Fines
Chapter 106 - Traffic and Vehicles, Article I - In General
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 106-7 - Obedience to state law; violation of any provision of 21 Del. C. A fine of not less
§ 101 et seq. (except Sec. 106-7(1) - Handicapped parking and Sec. 106-7(2) - than $25.00, nor
Fire lanes) more than $1,000.00
Minimum fine, as
defined in 21 Del.
Subsec. (1) - Handicapped parking C. § 4183, at the
time the violation
occurs
Minimum fines, as
defined in 21 Del.
Subsec. (2) - Fire lanes C. § 7001(a), at the
time the violation
occurs
Sec. 106-14 - Off-road motor vehicle regulations
A minimum fine of
$25.00 and a
Subsec. (d) - Penalties
maximum fine of
$100.00
Page 174
Sec. 106-15 - Failure to stop for a red traffic signal; traffic light signal violation monitoring program;
penalties
Subsec. (b)(3) - Traffic light signal violation monitoring program; civil or administrative
assessment
Failure to comply with a traffic light signal $75.00
If not paid within 14 days, an additional assessment shall be
$10.00
added to the original assessment
Additional assessment shall be increased if the assessment is
$20.00
not paid within 45 days
Additional assessment shall be increased if the assessment is
$30.00
not paid within 90 days
Court costs or similar administrative fees may also be
assessed if the owner requests a hearing to contest the
Maximum $30.00
violation, and is ultimately found to be in violation or fails to
pay or contest the violation in a timely manner
Sec. 106-16 - Violations; Except as otherwise provided
Subsec. (a)(1) - Moving offense Minimum of $10.00
Subsec. (a)(2) - Nonmoving offense Minimum of $15.00
$20.00 for each
offense, if the fine is
paid within 72 hours
Subsec. (a)(3) - Parking violation from the date the
offense is recorded
in time, the fine
shall be $15.00
Fees and Fines
Chapter 106 - Traffic and Vehicles, Article II - Bicycles
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Not to exceed
Sec. 106-55 - Penalties for violation $100.00 and not less
than $10.00
Fees and Fines
Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 1 - Generally
Sec. 106-135 - Residential parking
$20.00 fine or
$15.00 if paid
Subsec. (i)(1) - Expiration; Two-hour parking within 72 hours of
issuance of such
fine
Page 175
$20.00 fine or
$15.00 if paid
Subsec. (i)(2) - Expiration; Change of residence, etc. within 72 hours of
issuance of such
fine
Any violation of this
section not having a
stated, specified
penalty will result in
Subsec. (m) - Violations; Penalties a $20.00 fine or
$15.00 if paid
within 72 hours of
issuance of such
fine
Sec. 106-137 - Parking areas for persons with disabilities
Failure to achieve
compliance within
30 calendar days of
the issuance of the
Subsec. (c)(3) - Signage; Fines notice of violation
shall be subject to
the fines set forth in
subsection (f) of this
section
Whoever violates
this section shall be
fined not less than
the minimum fine as
Subsec. (f) - Penalties
defined in 21 Del.
C. § 4183 at the
time the violation
occurred
Fees and Fines
Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered
Parking
Sec. 106-163 - Use of meters required
$20.00 fine or
$15.00 if paid
Subsec. (a) - Failure to make the required payment in the parking
within 72 hours of
meter
issuance of such
fine
Subsec. (b) - Payments accepted
Permits the vehicle
Each $0.25 coin
to be parked for a
Page 176
period of one hour
Permits the vehicle
to be parked for the
duration of the
Each $1.00
enforcement period
of 8:00 a.m. to 5:00
p.m.
Sec. 106-164 Violations; penalties
A fine of not less
Subsec. (a) - Generally; Each violation if paid within 24 hours from
than $1.00 for each
time summons giving notice of violation is issued
violation
$2.00 for each
violation, if
payment is made
Subsec. (a) - Generally; Each violation if paid after expiration of 24
voluntarily prior to
hours from time summons giving notice of violation is issued
the time and date set
forth in the
summons
Subsec. (a) - Fourth Violation; Each violation if paid within one hour $1.00 for each such
from time summons giving notice of violation is issued violation
$2.00 for each
violation, if
payment is made
Subsec. (a) - Fourth Violation; Each violation if paid after expiration
voluntarily prior to
of one hour from time summons giving notice of violation is issued
the time and date set
forth in the
summons
$5.00 for each such
violation, if
Subsec. (a) - Fifth violation, etc.; Any person committing more than payment is made
four violations within any 30-day period of the provisions of this voluntarily prior to
division the time and date set
forth in the
summons.
Subsec. (b)(4) - Any person who unlawfully removes a device for $500.00 fine for
immobilization of a vehicle each violation
Subsec. (b)(5) - Any person who tows or otherwise moves an
$500.00 fine for
immobilized vehicle without authorization by the chief of police or
each violation
his designee
Subsec. (c) - Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed
is voluntarily paid without the necessity of a hearing before the proper official
Page 177
Fees and Fines
Chapter 110 - Utilities, Article II - Electric Service
Sec. 110-32 - Pole attachment fee; use of Dover Electric Department facilities
If payment is not received for any fee or other amount owed within 30 calendar days after it
becomes due, the licensee shall pay interest at the rate of one and one-half percent per month, on the
amount due (Subsec. (f)).
$8.17
Subsec. (4) - Fees and charges; Annual pole attachment fee
per attachment
Wherever the actual
cost of DED's
activity exceeds the
advance payment of
estimated expenses,
licensee agrees to
pay DED for the
difference in cost
when that amount
Subsec. (4)(l) - True up exceeds $50.00;To
the extent that the
actual cost of the
activity is less than
the estimated cost,
DED shall refund to
licensee the
difference in cost
where that amount
exceeds $50.00
Subsec. (5) - Scope of authority
Three times the
Subsec. (l)(i) - Overlashing, unauthorized attachment penalty annual attachment
fee, per occurrence
Subsec. (8) - Permitting, (b) - Pole Attachment Permit Application Process
Subsec. (i)(a) - Charge for expenses related to the Pre-Permit survey application
$50.00 application
Less than 11 poles fee plus $2.00 per
pole
$90.00 application
11 poles up to and including 25 poles fee plus $2.00 per
pole
$4.00 per pole
26 poles or greater
application fee
Subsec. (i)(b) - Charge for expenses related to the leasing of conduit
$50.00 application
Less than 100 feet
fee plus $0.50 foot
100 feet to 251 feet $90.00 application
Page 178
fee plus $0.50 foot
$0.75 per foot
Greater than 250 feet
application fee
DED may require
payment in advance
for all make-ready
work based upon the
estimated cost of
such work if the
Subsec. (9) - Make-ready work, (b) - Payment of make-ready work estimate exceeds
$1,000.00. Upon
completion, licensee
shall pay DED's
actual cost of make-
ready work, which
shall be itemized.
If DED performs the
transfer(s), DED
will bill licensee for
actual costs per
subsection (4) Fees
Subsec. 10 -Transfers, (b) - Billing for transfers performed by DED
and charges.
Licensee shall
reimburse DED
within 30 calendar
days of the receipt
of the invoice.
Subsec. 12 - Abandonment or removal of DED facilities
Rate equal to the
depreciated value of
said pole; if a pole
that i s t o be
Subsec. (b) - Option to purchase abandoned poles purchased is older
than 30 years, then
the rate to be
charged is set at
$50.00 per pole
Subsec. 16 - Unauthorized occupancy or access
Three times the
annual attachment
fee, per occurrence;
if licensee fails to
Subsec. (a) - Penalty fee pay such fee within
30 calendar days of
r e c e i v i n g
notification thereof,
DED has the right to
Page 179
remove such
attachments at
licensee's expense,
unless such fee is
disputed in good
faith
$8.17 per attachment;
plus estimated
Subsec. 17 - Advance payment
make-ready work
expenses
Fees and Fines
Chapter 110 - Utilities, Article II - Electric Service
Sec. 110-33 - Charge for discontinuing or restoring electric service
No charge for
discontinuing or
restoring electric
service for
maintenance
purposes if done
Subsec. (a) - Maintenance and repair
between 7:00 a.m.
and 5:00 p.m.;
$100.00 for all
service calls
between 5:00 p.m.
and 7:00 a.m.
There will be a
service charge of
$50.00 paid prior to
turning on any
service discontinued
for nonpayment
between 7:00 a.m.
and 5:00 p.m.
Subsec. (b) - Nonpayment
There will be a
service charge of
$100.00 paid prior
to turning on any
service discontinued
for nonpayment
between 5:00 p.m.
and 7:00 a.m.
Page 180
Fees and Fines
Chapter 110 - Utilities, Article III - Water Service, Division 6 - Rates, Charges and Billing Procedures
Sec. 110-191 - Water use fees generally
A penalty of 1½
percent or $1.00,
whichever is
greater, per month
shall be added to all
water service fees
Subsec. (b) - Penalty
which shall be in
arrears for a period
in excess of 30 days
after the date of
rendering the water
service bill
Sec. 110-192 - Charge for discontinuing or restoring water service
No charge for
turning on or off any
service for
maintenance
purposes if done
Subsec. (a) - Maintenance and repair between 7:00 a.m.
and 5:00 p.m.;
$100.00 for all
service calls
between 5:00 p.m.
and 7:00 a.m.
There will be a
service charge of
$50.00 paid,
together with all
current and overdue
charges, prior to
turning on any
service discontinued
for nonpayment
between 7:00 a.m.
Subsec. (b) - Nonpayment
and 5:00 p.m.
There will be a
service charge of
$100.00 paid,
together with all
current and overdue
charges, prior to
turning on any
service discontinued
Page 181
for nonpayment
between 5:00 p.m.
and 7:00 a.m.
Fees and Fines
Chapter 110 - Utilities, Article III - Water Service, Division 7 - Water Impact Fees
Sec. 110-208 - Water impact fee established; payment, credits
Subsec. (c) - Fee and applicability
(1) - Applicable building permit before February 1, 2008. A
buyer independent of the seller may submit a sales contract
executed prior to February 1, 2008 to the city manager for No fee
consideration in lieu of a building permit issued before
February 1, 2008
(1) - Building permit and certificate of occupancy is issued
$700.00
on or after February 1, 2008
(2) - Certificate of occupancy issued after February 1, 2009 $1,400.00
(3) - Certificate of occupancy is issued after February 1, 2010 $2,100.00
Fees and Fines
Chapter 110 - Utilities, Article IV - Sewer Service, Division 1 - Generally
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 110-240 - Violations
Not less than $25.00
Subsec. (c) - Payment of cost nor more than
$1,000.00
Fees and Fines
Chapter 114 - Vegetation, Article II - Weeds
Every day that a violation of section 114-32 continues shall be considered a separate offense, for
which the violator may be tried and convicted without necessity of further notice. Fines not paid
within 14 days of the day the fine was issued, including the day the fine was issued, shall be
automatically doubled in amount.
Sec. 114-33 - Failure to maintain proper height; abatement by city; costs and lien.
$50.00 per hour for
such work that must
be done to render
Subsec. (a) - Summons; action by city
the property in
compliance with this
article
Page 182
Sec. 114-34 - Fines
In addition to
charges or
assessments
imposed, a fine of
not less than $25.00,
Subsec. (a) - Generally nor more than
$100.00 in
accordance with
minimum fine
schedule in subsec.
(c)(1)
In determining the applicable minimum fine, an offense shall be considered a recurring offense only
if the defendant has previously pleaded, or been found guilty of causing or permitting the same
nuisance at the same location within the past 18 months, or for every day that the violation of
section 114-32 continues as per subsection (b) of this section.
Subsec. (c)(1) - Minimums - Any fine assessed pursuant to subsection (a) of this section shall
be no less than the following minimum:
First offense $25.00
Second offense $50.00
Third and subsequent offenses $100.00
Fees and Fines
Chapter 118 - Vehicles for hire, Article II - Taxicabs, Division 2 - Operator's Permit
Sec. 118-54 - Fee
Taxicab operator's permit $5.00
Fees and Fines
Appendix A - Subdivisions, Article IV - Subdivision - Procedure
Subsec. A.2. - Preapplication; filing fee $200.00
Subsec. B.2. - Preliminary layout; filing fee $325.00
$200.00, plus
$85.00 per acre
for the first ten
acres, $60.00
per acre for the
Subsec. C.3. - Plat; review fee
next ten acres
and $45.00 per
acre for each
acre thereafter
Subsec. C.3. - Plat; review fee - minor lot line adjustment Plats for minor
Page 183
l o t l i n e
adjustments
shall require a
review fee of
$150.00
Plats for minor
subdivisions
shall require a
Subsec. C.3. - Plat; review fee - minor subdivision
review fee of
$150.00 plus
$15.00 per lot
Fees and Fines
Appendix B - Zoning, Article 3 - District Regulations
Sec. 24 - Planned neighborhood design option (PND)
Subsec. 24.2 - Review process - General sketch plan review fee, each
$100.00
application
Subsec. 24.8 - Conditional use plan approval
$200.00, plus
Subsec. 24.81 - Plan approval fee, each application
$10.00 per acre
Subsec. 24.9 - Site development preliminary subdivision plan review
Subsec. 24.91 - Preliminary plan approval fee; each $325.00, plus
application $20.00 per acre
Subsec. 24.10 - Final subdivision plat approval
Subsec. 24.101 - Final subdivision plat approval; each
$250.00
application
Sec. 28 - Traditional Neighborhood Design Zone (TND)
Subsec. 28.4 - Procedure; application for rezoning of a land area to a TND zone
Subsec. 28.411 - Minimum fee; each rezoning petition $325.00
Subsec. 28.422 - Implementation plan approval; each $325.00, plus
application $10.00 per acre
Subsec. 28.434 - Site development plan or subdivision plat;
$250.00
each application
Fees and Fines
Appendix B - Zoning, Article 5 - Supplementary Regulations
Section 4 - Supplementary sign regulations
Subsec. 4.8 - Unified campuses and complexes
$200.00, due at
Subsec. D.4. - Submission requirements; application fee t i m e o f
application
Page 184
Subsec. 4.9 - Supplementary sign provisions
Subsec. D.1. - Temporary signs; permit $50.00
Fees and Fines
Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities
Sec. 5 - Supplementary Regulations for Parking and Loading Facilities
Subsec. 5.5 - Parking for Motorsports Racing
Subsec. 5.52 - Recreational vehicle parking
1-5 Recreational vehicles No fee
6 - 25 Recreational vehicles $25.00
26-50 Recreational vehicles $50.00
51 - 100 Recreational vehicles $100.00
>100 Recreational vehicles $150.00
Fees and Fines
Appendix B - Zoning, Article 8 - Enforcement and Penalties
Sec. 2 - Certificates of occupancy
Subsec 2.4 - Every application for a certificate of occupancy or a temporary certificate
of occupancy shall be accompanied by a fee:
Certificate of occupancy for one-family residential uses $60.00
Temporary certificate of occupancy for one-family $75.00 for a
residential uses maximum of 45
d a ys . Fee
applies for any
extensions
beyond 45 days
Certificate of occupancy for uses other than one-family $75.00 for the
residential uses f i rs t 2 0 , 0 0 0
square feet of
building area,
plus the sum of
$15.00 for each
additional
10,000 square
feet of building
area in excess of
the first 20,000
square feet or
multiple thereof
Page 185
Temporary certificate of occupancy for uses other than one- $100.00 for a
family residential uses maximum of 45
d a ys . Fee
applies for any
extensions
beyond 45 days
Fees and Fines
Appendix B - Zoning - Article 9 - Board of Adjustment
Sec. 3 - Procedure
Subsec. 3.4 - All variance requests and appeals from an order, requirement, decision or
determination made by an administrative official, board or agency of the city shall be
accompanied by a fee
All variance requests for residential uses $300.00
All variance requests for nonresidential uses $600.00
All appeals from an order, requirement, decision or
determination made by an administrative official, board or
agency of the city
The board of adjustment may, in its discretion, return to the
$300.00
applicant part or all of the fee paid by him in the event that
his appeal under section 2.1 (interpretation) hereof is
partially or wholly successful. The fees filed in connection
with applications under section 2.2 (variances) shall not be
returnable, regardless of disposition of the case by the board
Fees and Fines
Appendix B - Zoning - Article 10 - Planning Commission
Sec. 1 - Approval of conditional uses
$425.00, plus
$25.00 per acre
Subsec. 1.52 - Application procedure; Conditional use permit; each of the area or
application multiple thereof
involved in the
application
Sec. 2 - Site development plan approval
Subsec. 2.42 - Fees - Application for administrative site plans $300.00
$425.00 plus $25
Subsec. 2.43 - Fees - Application for site development plan approval
per acre
Sec. 3 - Historic district commission and architectural review
Subsec. 3.26 - Procedures for an architectural review by the historic district commission
or planning commission
Page 186
Subsec. (b) Application and fee for an architectural review
$250.00
certificate
Sec. 5 - Amendments
Subsec. 5.32 - Application. Each application for a zoning map amendment:
Minimum fee, in addition to required district supplemental
$425.00
fee
One-family residence zones (R-8, R-10, R-15, and R-20);
$25.00 per acre
supplemental fee
General residence zones, Medium density residence zones,
and Mobile home park zones (RG-0, RG-1, RG-2, RG-3, $50.00 per acre
RG-5, RM-1, RM-2, and MHP); supplemental fee
Commercial and office (C-1, C-1A, C-2, C-2A, C-3, C-4,
$70.00 per acre
CPO, RC and IO); supplemental fee
Shopping center development (SC-1, SC-2 and SC-3);
$75.00 per acre
supplemental fee
Industrial zones (M, IPM, and IPM2); supplemental fee $75.00 per acre
ADOPTED: DECEMBER 14, 2015
EFFECTIVE: JANUARY 1, 2016
S:\ORDINANCES\2015\ADOPTED\ORDINANCE #2015-22 REVIEW AND MAINTENANCE-PLANNING & CUSTOMER SERVICE FEES-ADOPTED 12-14-2015.wpd
SYNOPSIS
The amendment codifies the maintenance of fees approved by City Council. Appendix F -
Fees and Fines has also been reformatted for ease of use.
(SPONSORS: LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
Actions History
12/14/2015 - Final Reading at the City Council meeting
11/23/2015 - Introduced at the City Council meeting
Page 187
EXHIBIT #3
Regular Council Meeting of 12/14/2015
S. Renee Smith
P.O. Box 177
Dover, DE 19903
December 9, 2015
Tim Slavin
City Council President
City of Dover
P.O. Box 475
Dover, DE 19903
Dear Mr. Slavin :
As per my email dated Tuesday, December 7, 2015 , on Monday, November 30 I received a call
from you stating that as a result ofreposting an article on my personal Facebook page, which was
published by delawareonline.com, the Dover Police and Fraternal Order of Police were "calling
for my resignation." After careful consideration, I have decided to respectfully honor that request.
Today I formally tender my resignation as chair of the Dover Human Relations Commission
(DHRC).
As you are aware , human relations commission chair Cecil Wilson unexpectedly resigned March
24, 2015. Subsequently as a commissioner it was without hesitation that I accepted the
nomination as chair in order to continue to assist city council in realizing DHRCs "PURPOSE"
per city code Chapter 58. Leaders in whatever position of influence we may hold share the same
objectives and end goal which is to do what's best and get the best results in serving and meeting
the needs of citizens in the City of Dover.
To assist in the reorganization, I would like to share highlights and accomplishments during my
tenure as chair:
June
• Met with Mayor and Chief of Police (together) and City Council President to understand
their vision for the city and their perception of the role of the commission.
Commissioners promoted, attended and participated in All Lives Matter Rally held June
6.
July
• Met with leaders of the State Human Relations Commission. Joined forces with the state
commission to make available more resources directly to Dover citizens. First partnership
event held December 8- screening and discussion of the movie, Cracking the Codes.
• Committed to supporting and understanding Dover Police, Commissioner Sandusky
reached out to Dover Police to inquire about Ride Along Program and Citizen's Police
Academy. In October, Commissioner Sandusky scheduled a time to ride along with an
officer. The November 10 response to my October 26 email inquiry about the academy
stated that it would not start until late February or early March. Commissioners are
interested.
August
• Commissioner McGiffin and I met with Chief Bernat and Major Mailey to discuss how
the commission could provide greater support to Dover Police Department's goals to
improve community relations and to di scuss the commission's employee relations survey.
Page 188
September
• City Council President Tim Slavin attended DHRC meeting and shared his hope for the
city and the commission's possible contribution.
• Commissioners bios, photos and contact information were added to city' s website .
October
• I attended 4-day mediation training on behalfof the commission .
• I attended NAACP and Dover Police Outreach Event for city .
• Commissioner Henderson and I met with Capital School District Superintendent. In
building the relationship on November 20, Commissioner Bogle engaged Dover High
School to monogram polo shirts for commissioners. In October, the commission voted to
submit for Council's approval a DHRC logo-designing contest. Commission wants to
partner with Dover High to engage students. Local businesses will be asked to provide
pnzes .
November
• Partnered (my business provided the funding ; commissioners served at event) with
NAACP, Inter-denominational Ministerial Alliance, City Police, and Fraternal Order of
Police for the The Community, Family and Fellowship Dinner.
Mr. Slavin, the commission's current initiatives include:
• Employee Relations Survey - Commissioner McGiffin is the chair of the Government
Policy, Programs and Practices Committee. We have approved the interviewing
questions for city leaders and the on line survey for employees is being tweaked.
Interviews begin this month.
• Community Relations - Commissioner Griffith is the chair of the Communications
Committee. The commission voted and passed the PR promotion to create and send
congratulatory cards from the commission to citizens who appear in the newspaper.
• Education Engagement- Commissioner Henderson is the chair of the Education
Committee and is in communication with organizers for the commission 's possible
involvement in a TEDx talk in early 2016.
• Community Engagement - Commissioner Roach is the chair of the Community
Engagement Committee. City Council should receive (if they haven ' t already) a
solicitation for a mentorship program, Reach One, Teach One Challenge.
Mr. Slavin, again it has been a pleasure to serve the dedicated commissioners who graciously
commit their time and talent to the commission . lt has been a joy to serve the amazing people in
this city.
Wishing all continued success.
S. Renee Smith
Page 189
PETITION TO AMEND AND ZONING DISTRICT
Public Hearing before the
Dover City Council
January 11, 2016
Applicants/Owners: Whatcoat Community Development Inc.
Address: 904-992 Whatcoat Drive
Location: East side of Saulsbury Road south of Whatcoat Drive
Tax Parcel ID #: ED-05-067.19-02-11.00-000
Size: 4.282 +/- acres
Present Use: Apartments
Proposed Use: Apartments
Comprehensive
Plan Designation: Residential High Density
Present Zoning: RG-1 (General Residence Zone)/COZ-1 (Corridor Overlay Zone)
Proposed Zoning: RG-2 (General Residence Zone)/COZ-1 (Corridor Overlay Zone)
Recommendation of
Planning Commission: Following a public hearing on December 16, 2015, where no
members of the public spoke regarding the proposed rezoning, the
Planning Commission unanimously recommended in favor of the
rezoning as proposed (6-0 with three members absent).
File Number: Z-15-04
Ordinance Number: 2015-24
Page 190
Z-15-04 Lands of Whatcoat Community Development, Inc.
Report to City Council –January 11, 2016
Page 2
Existing Property
The property is currently zoned RG-1 (General Residence Zone) and subject to the COZ-1
(Corridor Overlay Zone). It consists of 4.282 +/- acres that includes 78 apartment units in five
apartment buildings, as well as the associated parking. The apartments are a legal non-
conforming use in the RG-1 zone.
Surrounding Land Uses:
The subject property is located on the south side of Whatcoat Drive. The property on the north
side of Whatcoat Drive is also zoned RG-1 and is developed as the Whatcoat United Methodist
Church. The Whatcoat United Methodist Church also owns a vacant lot immediately east of the
church property. The property south of the subject property is the Edgewell (formerly Playtex)
manufacturing plant and is zoned IPM (Industrial Park and Manufacturing Zone). The adjacent
properties to the north and south are also subject to the COZ-1. The properties to the west,
across Saulsbury Road are zoned CPO (Commercial and Professional Office) and ROS
(Recreation and Open Space). Two are developed, one as an office and the other as a daycare
center/preschool.
Comprehensive Plan:
The 2008 Comprehensive Plan depicts the subject area as Residential High Density land use
classification on Map 12-1: Land Development Plan Map. This rezoning request is consistent
with this classification and with the existing use on the property.
Request for RG-2 (General Residence Zone)
The uses permitted in the RG-2 zoning district are listed in Article 3 §2 of the Zoning Ordinance.
Permitted uses and include any use permitted in the one-family residence zone and garden
apartments. Multiple dwellings, duplex units, and townhouses are permitted in the RG-2 zone as
a Conditional Use.
The principal difference between the RG-1 zone and RG-2 zone is the allowance of apartments.
Recommendation of the Planning Staff & Planning Commission:
Staff supports the rezoning request from RG-1 to RG-2. The rezoning is consistent with the 2008
Comprehensive Plan, and it would allow for improvement of the apartment complex, including
the construction of a community building to serve the residents. It would also eliminate the non-
conformity of the use in the current zoning district. Staff recommendation was made prior to the
opportunity for public comments. Following a public hearing on December 16, 2015, where no
members of the public spoke regarding the proposed rezoning, the Planning Commission
unanimously recommended in favor of the rezoning as proposed (6-0 with three members
absent).
Page 191
Z-15-04 Lands of Whatcoat Community Development, Inc.
Report to City Council –January 11, 2016
Page 3
Excerpt from DRAFT Planning Commission Meeting of December 16, 2015
Z-15-04 Lands of Whatcoat Community Development Inc. at 904-992 Whatcoat Drive:
Rezoning from RG-1 with COZ-1 to RG-2 with COZ-1 – Public Hearing and Review for
Recommendation to City Council on a rezoning application for a 4.282 acre ± parcel.
The property is zoned RG-1 (General Residence Zone) and subject to the COZ-1
(Corridor Overlay Zone). The proposed zoning is RG-2 (General Residence Zone) and
subject to the COZ-1 (Corridor Overlay Zone). The property is located on the east side
of Saulsbury Road and south of Whatcoat Drive. The owner of record is Whatcoat
Community Development Inc. and the equitable owner is Whatcoat Village Associates
Inc. Addresses: 904, 910, 930, 950, 970, 986 and 992 Whatcoat Drive. Tax Parcel: ED-
05-067.19-02-11.00-000. Council District 4. Ordinance #2015-23. A Public Hearing and
Final Reading are scheduled for action before the City Council on January 11, 2016.
Representatives: Mr. Stephen Rosenfeld, VanDemark & Lynch Inc
Mrs. Townshend stated that this is a rezoning request for 4.282 acre piece of property
which is the Whatcoat Apartments. The current zoning classification is RG-1 (General
Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). Under the rezoning
request they would change the zoning to RG-2 (General Residence Zone), again, still
subject to the COZ-1 (Corridor Overlay Zone). The current property is the home of
Whatcoat Apartments. The applicant is looking to improve the apartment complex and
as part of that improvement they will be adding a community center that would be
available to the residents. The apartment use is a non-conforming use in the RG-1
(General Residence Zone) but it would be permitted in the RG-2 (General Residence
Zone). With the RG-1 (General Residence Zone) under the non-conforming use
provisions of Article 7 you cannot expand a non-conforming use so renovating the
apartments is not a problem but adding the community center to improve the livability of
the apartment community would be an expansion of that non-conforming use.
Therefore, the applicant has requested a rezoning from RG-1 (General Residence
Zone) to RG-2 (General Residence Zone) so that the apartments would be a permitted
use and they could improve the apartments and included with that, add the amenity of a
community center. They did determine that the community center if the rezoning is
successful can be done through an Administrative Site Plan so that application won’t
come back to the Planning Commission but the rezoning is necessary for that to
happen. It is consistent with the Comprehensive Plan. The Comprehensive Plan
designation for this area is actually residential high density so the RG-2 (General
Residence Zone) is more consistent with the Comprehensive Plan than the current
zoning classification.
Mr. Rosenfeld stated that when the apartments were built in the 1970’s it was zoned
RG-1 (General Residence Zone) and somewhere along the line the Zoning Code has
changed to not allow apartments in this zone. Mostly what they are doing is updating
the zoning of this parcel so that they are conforming rather than non-conforming.
Mr. Tolbert questioned if Mr. Rosenfeld agreed with the DAC Comments. Responding to
Mr. Tolbert, Mr. Rosenfeld stated yes, he does agree with the comments.
Page 192
Z-15-04 Lands of Whatcoat Community Development, Inc.
Report to City Council –January 11, 2016
Page 4
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed
the public hearing.
Mr. Holt moved to recommend approval to City Council for Z-15-04 Lands of Whatcoat
Community Development Inc. at 904-922 Whatcoat Drive: Rezoning from RG-1 with
COZ-1 to RG-2 with COZ-1, seconded by Colonel Welsh and the motion as
unanimously carried 6-0 by roll call vote with Mr. Holden, Dr. Jones and Mr. Ambruso
absent. Mr. Cregar voting yes, he supports this because it is also in their
Comprehensive Plan to include this area as a high density area which apartments will
be a part of that. Colonel Welsh voting yes, for the same reasons. Mr. Holt voting yes, it
is keeping with the Comprehensive Plan. Mr. Baldwin voting yes, it’s keeping with the
improvement of the area. Ms. Still voting yes, it’s keeping with the plan and she thinks
it’s a great idea. Mr. Tolbert voting yes, concurring with all the comments made and it’s
consistent with the plan.
Page 193
City of Dover Application No.: Z-15-04
Department of Planning & Inspections
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R-8
Title: Lands of Whatcoat Community Dev Inc
Address: 904-992 Whatcoat Drive
Parcel ID: ED-05-067.19-02-11.00-000
Existing Zoning: RG-1 (General Residence Zone) and Legend
COZ-1 (Corridor Overlay Zone)
Proposed Zoning: RG-2 (General Residence Zone) and Zoning
COZ-1 (Corridor Overlay Zone) Dover Parcels
Owner: Whatcoat Community Dev Inc
Date: 11/10/2015 Corridor Overlay Zone
« 0 175 350 700 Feet
Subject Property
Page 194
C F
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Z-15-04 T
Y
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CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
R
APPLICATION REVIEW COMMENTARY D S
O H
D.A.C. MEETING DATE: December 9th, 2015 V A
E L
R
APPLICATION: Lands of Whatcoat Community Development Inc. at 904-992 Whatcoat Drive:
Rezoning from RG-1 with COZ-1 to RG-2 with COZ-1.
FILE #: Z-15-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr., Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
1. No objection to rezoning.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2012 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 195
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: DECEMBER 2, 2015
APPLICATION: LANDS OF WHATCOAT COMMUNITY DEVELOPMENT INC.
AT 904-992 WHATCOAT DRIVE
FILE #: Z-15-04
REVIEWING AGENCY: City of Dover
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS
Our office has no objection to the rezoning of:
ED-05-067.19-02-11.00-000
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / SANITATION / STORMWATER / STREETS / GROUNDS
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible
for all costs associated with providing the appropriate meter / service / main to this site based upon the use including
any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer
services and meters will be assessed at that time. (Please note that each water meter registered with the City of
Dover must have a separate service line.) Should the existing water and sanitary sewer services no longer be
required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of
Dover Department of Public Works standards and specifications.
2. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards &
Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook.
3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is
brought up to current requirements. This may include relocating the water meter outside or changing service line
sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this
site. Additional impact fees may apply for future development.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / STREETS / SANITATION / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 196
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
December 2015
APPLICATION: Lands of Whatcoat
FILE #: Z-15- 04
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE
FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE
APPLICANT:
Source: 2014 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. Kent Conservation District has no objection to the re-zoning plan for the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and
exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and
approved to the Kent Conversation District.
Page 197
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: December 2, 2015 T
===============================================================
APPLICATION: Z-15-04 Lands of Whatcoat Community Development INC at
904-992 Whatcoat Drive
FILE#: Z-15-04 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Waylon Sprowl PHONE#: 760-2262
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
The Department has no comments for the above mentioned project.
o DelDOT Planning has issued a LONC for this Project
ADVISORY COMMENTS TO THE APPLICANT:
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the planning department as soon as possible.
Page 198
FINAL READING
CITY OF DOVER
PROPOSED ORDINANCE #2015-23
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 904, 910, 930, 950, 956, 970, 986, AND 992 WHATCOAT DRIVE
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 RG-1 (General Residence Zone) and subject to the COZ-1
8 (Corridor Overlay Zone) to RG-2 (General Residence Zone) and subject to the COZ-1 (Corridor
9 Overlay 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 RG-1 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) to RG-2
15 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that
16 property located at 904, 910, 930, 950, 956, 970, 986, and 992 Whatcoat Drive, consisting
17 of 4.282+/- acres, owned by Whatcoat Community Development, Inc.
18 (Tax Parcel: ED-05-067.19-02-11.00-000; Planning Reference Z-15-04; Council District: 4)
19
20 ADOPTED: *
21 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-23 REZONING - 904, 910, 930, 950, 956, 970, 986, 992 WHATCOAT DRIVE\Ordinance #2015-23 Rezoning Property at 904-992 Whatcoat
22 Drive-FINAL READING.wpd
23
24 Actions History
25 January 11, 2016 - Scheduled for Public Hearing/Final Reading by City Council
26 December 16, 2015 - Reviewed by Planning Commission
27 November 23, 2015 - First Reading by City Council
Page 199
PETITION TO AMEND ZONING ORDINANCE TEXT
Report to the
Dover City Council
January 11, 2016
Proposed Change: Amendment to Zoning Ordinance, Article 12 –Definitions, to add
a definition for “manufactured home” and to amend the definition
for “dwelling, one family” to preclude manufactured homes under
this designation.
Summary of Amendment: Following the issuance of a building permit for the construction of a
manufactured home on a property within the R-8 (One Family
Residence Zone), several residents and members of City Council
expressed concerns about the appropriateness of this housing type
within the One Family Residence Zones. Staff subsequently
reviewed literature available about manufactured housing and has
developed recommendations for amending the code to prohibit
manufactured housing in the One Family Residence Zones and to
update code requirements in the Dover Code of Ordinances, Chapter
66 – Manufactured Homes and Trailers, and Appendix B – Zoning.
The recommendation is for an immediate amendment to the
definition of “dwelling, one family” and a review and update of
other code sections over the next year.
Recommendation of the
Planning Commission: Following a public hearing on December 16, 2015, where no
members of the public spoke regarding the proposed ordinance, the
Planning Commission unanimously recommended in favor of the
proposed text amendment (6-0 with three members absent).
Ordinance Number: 2015-20
File Number: MI-15-13
Page 200
MI-15-13 Amendments to Zoning Definitions
Report to City Council –January 11, 2016
Page 2
Excerpt from DRAFT Planning Commission Minutes of December 16, 2015
MI-15-13 Text Amendment: Definitions of One-Family Dwelling and Manufactured
Home- Public Hearing and Review for Recommendation to City Council of Text
Amendments to Zoning Ordinance, Article 12 – Definitions to amend the definition of
“one family dwelling” and to add a definition for “manufactured home.” Ordinance
#2015-20. A Public Hearing and Final Reading are scheduled for action before the City
Council on January 11, 2016.
Representatives: None
Mrs. Townshend stated that this is a zoning text amendment. This zoning text
amendment came about following the issuance of a Building Permit for the construction
of a manufactured home on a permanent foundation on a property within a One Family
Residence Zone. In evaluating the permit, they determined that there was nothing in the
definitions that allows you to look at a “manufactured home” differently than any other
single family home. Several residents and members of City Council expressed concerns
about the appropriateness of this and Staff subsequently reviewed literature and
determined that their Zoning Ordinance is woefully out of date as it relates to
“manufactured housing.” Terms such as “mobile homes” and “trailers” are dated terms
that do not apply to manufactured housing built today that meets the HUD standards of
the 1976 HUD Code and it really causes confusion and a number of issues as it relates
to how the Code should be administered. This is the first ordinance to help resolve the
challenges with their lack of current definitions as it relates to this matter. They are also
in the process of reviewing the MHP (Mobile Home Park Zone) but again, mobile homes
are the pre-1976 type of housing and what’s built today is under a very different
standard. They want to resolve confusion and bring their definitions and code
requirements up-to-date; and again, this is going to be a multi-phase thing. The first
phase is some amendments to the definitions and the first one is an amendment to the
definition of “dwelling, one family” and clarifying that a one family dwelling is a
permanent dwelling placed on a permanent foundation and designed for use by one
family. But then going further to say that a manufactured home is not included as a one
family dwelling but modular homes, which they will also need to define as they get into
their definitions, which are built in accordance with the locally adopted building codes
are considered one family dwellings. They would then go on to define “manufactured
home” because at this point it is nowhere in their definitions. In researching this, they
have determined that all of the definitions that relate to the things that people are
referring to these units as mobile homes or house trailers and the dwelling definitions
date back to at least 1968 when things were very different. One of Mr. Eddie Diaz’s first
projects is to look at what they need to do with the MHP (Mobile Home Park Zone).
Even the MHP does not refer to anything based on the 1976 codes; it dates back to a
1969 regulation on mobile homes. There is a lot that needs to be cleaned up but they
are starting with one making it clear that a one family dwelling for the purposes of what’s
permitted in a one family residence zone that it does not include manufactured homes
or mobile homes and adding a definition that is consistent with current housing policy for
manufactured homes.
Page 201
MI-15-13 Amendments to Zoning Definitions
Report to City Council –January 11, 2016
Page 3
Mr. Holt stated that he thinks this is probably developed from a home that was built only
2-3 houses down from where he lives and it is a modular home. Responding to Mr. Holt,
Mrs. Townshend stated that it’s a manufactured home.
Mr. Holt further stated that the manufactured home was brought in as more than one
piece and put together on the site. They have remarkably made it look like it was a stick
built home. They have done an excellent job with it. They put a cement block foundation
around it. In the neighborhood it looks very good. It’s not anything like looking at what a
trailer would look like. They have done a good job with it.
Mr. Tolbert stated that it’s his understanding that you can’t move these homes once
they are put on a foundation. Responding to Mr. Tolbert, Mrs. Townshend stated yes.
Mr. Tolbert questioned what a modular home was? Responding to Mr. Tolbert, Mrs.
Townshend stated that a modular home is like a Beracah Home where it’s built in a
factory but brought in in pieces and assembled on-site. It has the same type of building
permit and the same inspections that a house that’s fully built on-site would have.
Manufactured homes are also factory built homes but they are built to a specification
that is administered and regulated by HUD not the local building codes. The principal
difference is how they are regulated.
Mr. Tolbert stated that they look similar. You can’t look at one and tell whether it’s a
modular home or a manufactured home. Responding to Mr. Tolbert, Mrs. Townshend
stated that it depends; she would say that there are times that you could look at three
homes and think they are the same construction: one could be a modular home, one
could be a manufactured home and one could be a stick built ranch that was entirely
built on-site. Unless you get underneath to look at how it’s assembled underneath, you
are not going to know the difference.
Mr. Tolbert stated that modular homes were delivered in pieces; manufactured homes
were brought in two halves. Modular homes aren’t brought in two halves? Responding
to Mr. Tolbert, Mrs. Townshend stated that it could be; it depends. There are modular
homes that are two story homes that are brought in pieces and assembled. It’s really
just the type of construction; the way it’s constructed. A manufactured home is
supported by a chasse where a modular is not. She has had the opportunity to answer a
lot of questions of whether or not she would want that on her street and when she looks
at her street, there are a number of ranches that she assumes to be ranches but she
couldn’t tell one way or the other.
Colonel Welsh stated that the old Nanticoke Homes are modular homes which is not
Beracah Homes. They are nice looking homes. Responding to Colonel Welsh, Mrs.
Townshend stated that it is a modular home not a manufactured home.
Colonel Welsh stated that they come in in sections, the foundations are already built.
Mr. Holt stated that a modular home is actually built better because it’s built inside under
dry conditions but that’s just hearsay.
Page 202
MI-15-13 Amendments to Zoning Definitions
Report to City Council –January 11, 2016
Page 4
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed
the public hearing.
Ms. Still moved to recommend approval to City Council for MI-15-13 Text Amendment:
Definitions of One-Family Dwelling and Manufactured Home, seconded by Mr. Cregar
and the motion as unanimously carried 6-0 by roll call vote with Mr. Holden, Dr. Jones
and Mr. Ambruso absent. Mr. Cregar voting yes, in support of upgrading City
Ordinances. Colonel Welsh voting yes, it more clearly defines the Ordinance. Mr. Holt
voting yes, it upgrades the Ordinance. Mr. Baldwin voting yes, it upgrades the Code.
Ms. Still voting yes, for all the reasons stated. Mr. Tolbert voting yes, it’s something that
needs to be done to bring the Code up-to-date.
Page 203
C F
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MI-15-13 T
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CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
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APPLICATION REVIEW COMMENTARY D S
O H
D.A.C. MEETING DATE: December 9th, 2015 V A
E L
R
APPLICATION: Text Amendment: Definitions of One-Family Dwelling and Manufactured Home
FILE #: MI-15-13 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr., Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
1. No objection to text amendment.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2012 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 204
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: DECEMBER 2, 2015
APPLICATION: TEXT AMENDMENT: DEFINITIONS OF ONE-FAMILY
DWELLING AND MANUFACTURED HOME
FILE #: MI-15-13
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. Our office has no objections to the proposed text amendments
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 205
FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2015-20
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Appendix B - Zoning, Article 12 - Definitions of the Dover Code be amended by inserting the
4 text indicated in bold, blue, as follows:
5 Dwelling, one-family: A permanent dwelling unit placed on a permanent foundation and
6 designed and intended for use by only one family. One-family dwellings shall not include
7 manufactured homes or mobile homes but shall include modular homes constructed to the
8 standards of the Dover Code of Ordinances, Chapter 22 - Buildings and Building Regulations.
9 Manufactured Home: A factory-built housing unit designed and constructed to meet the
10 Manufactured Home Construction and Safety Standards of the U.S. Department of Housing
11 and Urban Development (HUD) Code. A manufactured home is built on a chassis that
12 supports the structural integrity of the home and to allow transport to the site. Factory-built
13 units built to meet the HUD Code and constructed after the code took effect on June 15, 1976
14 are classified as "manufactured homes."
15 ADOPTED: *
16 SYNOPSIS
17 The proposed amendment revises and adds definitions
18 (SPONSORS: HARE, HUTCHISON, AND TOWNSHEND)
19 Actions History
20 01/11/2016 - Scheduled for Public Hearing/Final Reading at City Council meeting
21 12/16/2015 - Considered by the Planning Commission
22 11/23/2015 - City Council rescheduled Planning Commission Public Hearing
23 11/09/2015 - Introduced at City Council meeting
24 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-20 APPENDIX B - ZONING, ART 12 - DEFINITIONS\ORDINANCE #2015-20 APPENDIX B - ZONING, ART 12 - DEFINITIONS-FINAL
25 READING.wpd
Page 206
From: Townshend, Ann Marie
To: City Clerks Office
Subject: FW: 2 S. QUEEN ST.
Date: Friday, January 08, 2016 2:46:12 PM
From: McGregor, Mike
Sent: Friday, January 08, 2016 9:30 AM
To: Townshend, Ann Marie
Subject: 2 S. QUEEN ST.
Ann Marie,
The structural report is incomplete. It addresses sagging in the center of the floor area. The
contractor J&C Builders discusses in his scope of work “all concrete footings are to be inspected for
cracks, adequate attachment, scour and spalling”. The engineer did not mention even looking at any
other foundation areas in his report.
The proposal from Bull Dog Contracting mentions “install 2x12x16 treated lumber at rear
foundation of house” and “install 2x12x16 treated lumber at left side foundation of house”. These
areas were not discussed in the structural report at all. It is not clear if this is an attempt to repair a
rotten sill plate or a rim joist. The area should have been inspected by the engineer to determine if
there is additional rot or termite damage to any other structural members such as joists or sill plates
supporting the building. The grade at the rear or west side of the building is sloped towards the
building instead of shedding rain water away from the building it runs directly towards it. This is
likely a contributing factor to rotten or termite damaged wood in this area. This condition is not
mentioned in the report.
The leaning chimney is not mentioned in the structural report at all.
It may be that the engineer did not know about the city of dover case history report and
only observed what he was told was the problem by the owners.
The asphalt siding was used in the 1930’s and 1940’s as a renovation alternative to painting
weathered or rotted wood clapboards and covering deteriorated exterior walls of older homes. This
material may contain asbestos. This material is no longer available on the market. Nailing roof
shingles over leaking worn out areas is not a proper repair to keep rainwater and moisture out of
the building. The proper method of repair would be to remove and replace. None of the proposals
discuss the mold observed by the city inspector and noted in the case history. Moisture is possibly
entering the building through the deteriorated siding and causing the mold to grow.
Mike McGregor
City of Dover
Dept of Inspections
Inspector II
Phone #(302)736-4457
Fax #(302)736-4217
mmcgregor@dover.de.us
Page 207
Received
JAN 08 2016
Planning & Inspections
-- ---------- - ---
Proposal
Between the Owner: K Z Forever LLC
And the Contractor: J&C Builders Inc.
4506 Saint Barnabas Road Suite 217
Temple Hills, Maryland 20748
License No DC: 27154XXXX-
70104405
License No MD: 16731325
Gen. Liability Ins. No: GL3821132
Workers Comp. Insurance: WVA613671 00045
Bond: 71164425
For the Project: 2 S. Queen Street
Dover, DE 19904
SCOPE OF WORK:
(Foundation)
• All concrete footings are to be inspected for cracks, adequate
attachment, scour and spalling
• Remedial action shall be to grout any cracking or spalling.
• This may require in situ repairs or complete demolition and
replacemen,t as required by insp~ction ,
• New ,pier foundation to be, poured with solid concrete and pinned to ,
bedrock in the same dimensions as existing.
(Miscellaneous projects)
• Enclose and shore up foundation
• Tape, prep, and paint all drywall throughout house
• Replace four broken window panes
• Replace one broken window
tel: 3.(!)il-::35.5,.2.3'.13
fax: 3 0!1.'.,.-3S"'fi..:2r~l
Page 208
• Replace two exterior doors
• Replace two interior doors
• Seal chimney and attic
• Repair chimney as needed
• Install new exterior siding (estimate/20 squares)
• Replace eight-inch gutter at rear entrance
• Install smoke detectors (as needed)
TIME OF COMPLETION
The approximate commencement date of the project shall be January 23,
2016. The approximate completion date of the project shall be to be
determined after start date, however any change orders and/or unusual
weather might delay or otherwise affect the completion date. Barring
inclement weather or owner related delays.
THE PROPOSAL PRICE
The cost for project (labor and materials) as specified herein shall be set
at the sum of: $7 ,700.00 (Seven thousand seven hundred dollars)
subject to additions and deductions pursuant to authorized change orders
and allowances.
PAYMENT TERMS
The Owner and the Contractor acknowledge that the Owner will pay a sum of
$3~850.00 (Three thousand eight hundred fifty dollars) prior to the
start of the project, $1,925.00 (one thousand nine hundred twenty
five dollars) at the request of the contractor, and $1,925.00 (one
thousand nine hundred twenty five dollars) upon completion.
DUTIES OF .THE CONTRACTOR,
All work shall be in accordance to the provisions of the plans and
specifications. All systems shall be in good working order.
All work shall be completed in a workman like manner, and shall comply with
all applicable national, state and local building codes and laws.
Page 209
All work shall be performed by licensed individuals to perform their said
work, as outlined by law.
OWNER
The Owner shall communicate with subcontractors only through the
Contractor. The Owner will not assume any liability or responsibility, nor has
control over or charge of construction means, methods, techniques,
sequences, procedures, or for safety precautions and programs in connection
with the project, since these are solely the Contractor's responsibility.
INSURANCE
The Contractor shall purchase and maintain as needed, Workman's
Compensation and Liability insurance coverage as required by law and
deemed necessary for his own protection.
GENERAL PROVISIONS
If conditions are encountered at the construction site which are subsurface or
otherwise concealed physical conditions or unknown physical conditions of an
unusual nature, which differ naturally from those ordinarily found to exist
and generally recognized as inherent in construction activities, the Owner will
promptly investigate such conditions and, if they differ materially and cause
an increase or decrease in the Contractor's cost of, and/or time required for,
performance of any part of the work, will negotiate with the Contractor an
equitable adjustment in the contract sum, contract time or both.
HAZARDOUS MATERIALS, WASTE AND ASBESTOS
Both parties agree that dealing with haz_ardous materials, waste or asbestos
requires specialized training, processes, precautions and licenses. Therefore,
unless the scope of this agreement includes the specific handling,
disturbance, removal or transportation of hazardous materials, waste or
asbestos, upon discovery of such hazardous materials the Contractor shall
notify the Owner immediately and allow the Owner to contract with a
properly licensed and qualified hazardous material contractor. Any such work
shall be treated as a Change Order resulting in additional costs and time
considerations.
1'.empl ills, MID 2oiz~.g
Page 210
WARRANTY
At the completion of this project, Contractor shall execute an instrument to
Owner warranting the project for 1 year against defects in workmanship or
materials utilized. The manufacturer's warranty will prevail.
ACCEPTANCE AND OCCUPANCY
Upon completion, the project shall be inspected by the Owner and the
Contractor, and any repairs necessary to comply with the contract
documents shall be made by the Contractor.
WITNESS our hand and seal on this _ _ day of _ _ _ _ , 2015.
Signed in the presence of:
Witness Witness
Contractor Signature Owner Signature
Please Make Checks Payable To: J&C Builders Inc.
fel: '30ll-3S5r2'3'.1J3 arnab~s R.oa.Q1 Suite ~7
Pci'><: 301-385-23:1'.4
Page 211
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Page 221
DOVER HUMAN RELATIONS COMMISSION
The Dover Human Relations Commission (DHRC) meeting was held on August 25, 2015
at 5:15 p.m. with Chairwoman Smith presiding. Members present were Mr. Henderson (departed
at 7:14 p.m. and returned at 7:15 p.m.), Mr. McGiffin (departed at 6:38 p.m.), Mr. Roach (arrived at
5:31 p.m.), Mrs. Sadusky (departed at 7:12 p.m.), and Ms. Stewart. Ms. Hicks was absent.
AGENDA ADDITIONS/DELETIONS
Ms. Smith requested that the agenda be amended to consider Item #3A, Presentation by
Dr. Dan Young - TED X Dover, as the first agenda item.
Mr. McGiffin moved for approval of the agenda as amended, seconded by Henderson and
unanimously carried.
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.
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.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF AUGUST 25, 2015 PAGE 2
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 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.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF AUGUST 25, 2015 PAGE 3
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
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.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF AUGUST 25, 2015 PAGE 4
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.
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.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF AUGUST 25, 2015 PAGE 5
The motion to recommend that the DHRC collaborate on the TEDx Dover organization was
unanimously carried.
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 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.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF AUGUST 25, 2015 PAGE 6
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.
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
Page 227
DOVER HUMAN RELATIONS COMMISSION
MEETING OF AUGUST 25, 2015 PAGE 7
Mr. Henderson expressed interest in attending. The Commission deferred scheduling members for
the training so that 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.
Mr. Roach felt that the need for mediation would not be spontaneous and could be scheduled with
the individual who was trained.
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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 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.
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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.
Ms. Smith moved to recommend that she attend mediation training, with Commissioner
Henderson being the alternate. The motion was seconded by Ms. Stewart and unanimously
carried.
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.
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.
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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.
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.
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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.
Mr. Roach moved to recommend acceptance of the two (2) volunteers to fill the vacancies in
the First and Second Districts, seconded by Ms. Stewart and carried by a vote of three (3) yes
(Henderson, Roach, and Stewart) and one (1) no (Smith).
Ms. Smith indicated that she would like to see more diversity.
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 (Attachment #1), 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.
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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 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.
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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 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.
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Ms. Smith moved for adjournment, seconded by Mr. Roach and unanimously carried.
Meeting adjourned at 7:50 p.m.
S. Renee Smith
Chair
SRS/TM/js/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\HUMAN RELATIONS COMMISSION\2015\08-25-2015 Dover Human Relations Commission.wpd
Attachments
Attachment #1 - Information Regarding the City of Dover Police Department’s Ride-A-Long Program and the
Citizen’s Police Academy
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ATTACHMENT #1
DHRC Meeting of 08/25/2015
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The Dover Human Relations Commission (DHRC) meeting was held on September 29, 2015
at 5:15 p.m. with Chairwoman Smith presiding. Members present were Mr. Henderson,
Mr. McGiffin, and Mr. Roach. Ms. Hicks and Mrs. Sadusky were absent. Council President Slavin
was present (departed at 6:19 p.m.).
AGENDA ADDITIONS/DELETIONS
Mr. Henderson moved for approval of the agenda, seconded by Mr. McGiffin and
unanimously carried.
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.
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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 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 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.
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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 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.
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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.
By unanimous consent, member 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.
Mr. Henderson moved for adjournment, seconded by Mr. McGiffin and unanimously carried.
Meeting adjourned at 6:41 p.m.
S. Renee Smith
Chair
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The Dover Human Relations Commission (DHRC) meeting was held on October 27, 2015
at 5:15 p.m. with Chairwoman Smith presiding. Members present were Ms. Bogle, Ms. Griffith,
Mr. Henderson (departed at 6:13 p.m. and returned at 6:18 p.m.), Mr. McGiffin (departed at 5:45 p.m.),
Mr. Roach (arrived at 5:23 p.m.), and Mrs. Sadusky (departed at 6:39 p.m.).
AGENDA ADDITIONS/DELETIONS
Mr. Henderson moved for approval of the agenda, seconded by Mr. McGiffin and
unanimously carried.
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.
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Mr. McGiffin stated that cultural competency was broader than this, but that sensitivity was part of
it.
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.
Mr. Henderson moved to accept the survey as written for the City staff, with a new draft to
be provided for the online survey. The motion was seconded by Mr. McGiffin and
unanimously carried.
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 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.
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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 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.
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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.
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.
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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.
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.
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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.
Ms. Smith moved to nominate Mr. McGiffin to serve as Chair of the Government Policy,
Programs, and Practices (GPPP) Committee. The motion was seconded by Ms. Griffith and
unanimously carried.
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.
Mr. Roach indicated that no members were currently serving on this committee and Ms. Griffith
volunteered to serve as Chair.
Mrs. Sadusky moved to nominate Ms. Griffith to serve as Chair of the Communications
Committee, seconded by Mr. Roach and unanimously carried.
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).
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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.
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
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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.
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
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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.
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
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District, could track the participants from the Reach One, Teach One 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.
Mr. Roach moved to recommend that Council consider having a “Reach One, Teach One
Challenge” for the City of Dover, seconded by Mr. Henderson and unanimously carried.
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. Smith noted that there was a member of the public present who wished to comment.
Mr. Roach moved to allow Ms. Joyce Wilson to comment, seconded by Mr. Henderson and
unanimously carried.
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
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to the police. Ms. Wilson advised members that she would like to see something like 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.
Mr. Roach moved for adjournment, seconded by Mr. Henderson and unanimously carried.
Meeting adjourned at 7:04 p.m.
S. Renee Smith
Chairwoman
SRS/TM/js/
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DOVER HUMAN RELATIONS COMMISSION
The Dover Human Relations Commission (DHRC) meeting was held on November 17, 2015
at 5:16 p.m. with Chairwoman Smith presiding. Members present were Ms. Bogle, Ms. Griffith
(departed at 6:56 p.m.), Mr. Henderson, Mr. Roach (arrived at 5:35 p.m.), and Mrs. Sadusky (arrived at 5:17
p.m. and departed at 6:02 p.m.). Mr. McGiffin was absent.
AGENDA ADDITIONS/DELETIONS
Mr. Henderson moved for approval of the agenda, seconded by Ms. Griffith and unanimously
carried.
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. DanYoung,
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 (Attachment #1). 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 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.
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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.
Mr. Henderson and Ms. Bogle offered to work with Ms. Griffith on promoting the event.
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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 motion to recommend 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, unanimously carried.
Mr. Henderson moved to recommend that the City post the event on its Facebook page,
website events page, and Twitter account, if available, seconded by Ms. Bogle and unanimously
carried.
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.
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.
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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.
Mr. Henderson moved to recommend 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, seconded by Mrs. Sadusky and unanimously carried.
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 a 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.
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.
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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.
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.
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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.
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.
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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 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.
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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.
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.
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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.
Ms. Smith moved to request $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,
seconded by Ms. Griffith and unanimously carried.
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.
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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.
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.
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Mr. Henderson moved to recommend that the DHRC participate in the NAACP 1st Annual
Community, Family, Fellowship Dinner, which also involves the Dover Police Department, the
Interdenominational Ministerial Alliance, the Fraternal Order of Police, and S. Renee’s There
is More Inside, seconded by Ms. Griffith and unanimously carried.
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.
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.
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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.
Mr. Roach moved to take a brief recess, seconded by Ms. Bogle and unanimously carried.
Meeting recessed at 6:27 p.m.
Mr. Henderson moved to reconvene the meeting, seconded by Ms. Bogle and unanimously
carried.
Meeting 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 motion 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 unanimously carried.
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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 motion 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, carried unanimously.
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.
Mr. Roach stated that the contest winner could be brought in and recognized. He felt that DHRC
members should be there as well.
The motion 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 unanimously
carried.
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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.
Mr. Henderson moved to recommend beginning to take pictures of events that the Commission
is having and for Diane Bogle to be the primary photographer for the photo gallery, seconded
by Mr. Roach and unanimously carried.
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.
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.
Mr. Henderson moved to tentatively schedule a meeting for December 10, 2015 at 5:15 p.m.,
seconded by Ms. Griffith and unanimously carried.
Ms. Devine stated that if December 10th date were not available, she would contact the Chair and
members regarding an alternate date.
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Ms. Smith moved for adjournment, seconded by Ms. Bogle and unanimously carried.
Meeting adjourned at 7:13 p.m.
S. Renee Smith
Chairwoman
SRS/TM/js/
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\HUMAN RELATIONS COMMISSION\2015\11-17-2015 Dover Human Relations Commission.wpd
Attachment
Attachment #1 - Flyer - Free Film and Discussion Series - Delaware State Human Relations Commission/Division
of Human Relations
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ATTACHMENT#1
DHRC Meeting of 11/17/2015
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PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee meeting was held on
December 14, 2015, at 3:30 p.m. with Chairman Anderson presiding. Members present were
Mr. Hosfelt, Mr. Caldwell, and Mrs. Horsey. Mr. Lewis was absent. Members of Council present
were Mr. Cole (arrived at 3:55 p.m.), and Mr. Hutchison. Mayor Christiansen was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Hosfelt moved for approval of the agenda, seconded by Mrs. Horsey and unanimously
carried.
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 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
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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. 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.
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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 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.
Mr. Hosfelt moved to recommend 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. The motion was seconded by Mrs. Horsey and unanimously carried.
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 (Attachment #1). 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
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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 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.
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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.
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
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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 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.
Mr. Hosfelt moved to recommend 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. The motion was
seconded by Mr. Caldwell and unanimously carried.
Mr. Kirby Hudson, Assistant City Manager, suggested implementing a color palette in the downtown
area.
By unanimous consent, members agreed to consider Agenda Item #3B, Concerns - Park
Lighting (Kirkwood and Division Streets), prior to Item #3B, Concerns - Availability of Soccer
Fields, due to the absence of the party interested in Item #3B.
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 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.
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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.
Mr. Hosfelt moved to recommend approval of Staff’s recommendation regarding lighting and
fencing at the Kirkwood and Division Street property. The motion was seconded by
Mr. Caldwell and unanimously carried.
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 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.
Page 277
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF DECEMBER 14, 2015 PAGE 9
Members were provided correspondence from Mrs. Townshend to the Committee dated
December 14, 2015, RE: Schutte Park Fields (Attachment #2). 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 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.
Page 278
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF DECEMBER 14, 2015 PAGE 10
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, 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.
Page 279
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF DECEMBER 14, 2015 PAGE 11
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 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.
Page 280
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE MEETING OF DECEMBER 14, 2015 PAGE 12
The motion to defer this matter until the Committee’s next meeting, scheduled in January, was
unanimously carried.
Mr. Hosfelt moved for adjournment, seconded by Mr. Caldwell and unanimously carried.
Meeting adjourned at 4:56 p.m.
David L. Anderson
Chairman
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Attachments
Attachment #1 - Presentation - “Non-Conforming Uses” dated December 14, 2015
Attachment #2 - Memorandum from Ann Marie Townshend dated December 14, 2015 RE: Schutte Park Fields
Page 281
ATTACHMENT #1
PR&CE Committee Meeting of 12-14-2015
Non-Conforming Uses
PARKS, RECREATION & COMMUNITY
ENHANCEMENT COMMITTEE
DECEMBER 14, 2015
ATTACHMENT #1
PR&CE Committee Meeting of 12-14-2015
Page 282
Zoning Ordinance, Article 7
Non-conforming uses
Use is not permitted under Article 3 of the Zoning
Ordinance.
Presumably use predates zoning, a rezoning of the property,
or an amendment to the text of the Zoning Ordinance
Non-conforming building
Use is permitted under Article 3 of the Zoning Ordinance
Does not conform to the area requirements (setbacks, lot
sizes, etc.)
Presumably predates zoning or current area requirements
Page 283
Non-Conforming Uses
1.1 Any nonconforming use, except those nonconforming
uses specified in subsection 1.5, may be continued
indefinitely, but:
1.11 Shall not be enlarged, extended, reconstructed or placed on a
different portion of the lot or parcel of land occupied by such uses on the
effective date of this ordinance, nor shall any external evidence of such
use such as traffic, noise, vibration, smoke, dust, odor, heat or glare be
increased by any means whatsoever; or
1.12 Shall not be changed to another nonconforming use without a
special permit from the board of adjustment, and then only to a use
which, in the opinion of said board, is of the same or a more restricted
nature; or
1.13 Shall not be reestablished if such use has been discontinued for any
reason for a period of one year or more, or has been changed to, or
replaced by, a conforming use. Intent to resume a nonconforming use
shall not confer the right to do so.
Page 284
Non-Conforming Uses
1.2 Except as provided in paragraph [subsection] 1.4
below, no building which houses a non-conforming use
shall be:
1.21 Structurally altered or enlarged; or
1.22 Moved to another location where such use would be
nonconforming; or
1.23 Restored for other than a conforming use after damage from
any cause exceeding 75 percent of the replacement cost of such
building, exclusive of foundations. Any such building damage[d] to a
lesser extent may be restored, but not enlarged, and the
nonconforming use reinstated within one year of such damage;
[however,] if the restoration of such building is not completed within
the said one-year period, the nonconforming use of such building
shall be deemed to have been discontinued, unless such
nonconforming use is carried on without interruption in the
undamaged portion of such building.
Page 285
Non-Conforming Uses in
Residential Zones
1.51 In any residence zone, any nonconforming use of open land,
including such uses as a parking lot, junkyard, or open storage yard
for materials or equipment, may be continued for three years after
the effective date of this ordinance, or after annexation of the
property into the City of Dover, provided that, after the expiration of
that period, such nonconforming use shall be terminated (see also
article 6, section 1.12). Any "house trailer," as that term is defined in
article 12 hereof, that was located within the limits of the City of
Dover at the effective date of this ordinance [November 22, 1976],
or that was in place on any land subsequently annexed into the City
of Dover, in any zone other than the mobile home park zone (MHP),
shall constitute a nonconforming use and shall be permitted to be
maintained as a nonconforming use indefinitely. However, such
house trailer shall be required to connect to city sewer and water
mains, if available, and such house trailer shall be subject to and
shall comply with all other city codes and ordinances applicable to
structures and residences.
Page 286
Non-Conforming Uses in
Residential Zones
1.53 In any residence zone, any non-conforming use of
buildings which is not permitted under the provisions of
this ordinance may be continued for a period of:
(a) Twenty years after the effective date of this ordinance, or
(b) Forty years after the initial construction of the building
containing such use or of any addition thereto adding 50 percent or
more to the floor area occupied by such use, whichever is the longer
period, provided that, after the expiration of that period, such
nonconforming use shall be terminated. However, no such
nonconforming use shall be permitted to continue for a period
exceeding two years, unless such use shall be operated in
conformance with performance standards established in article 5,
section 8.
Other provisions relate to signage and student homes in
residential zones
Page 287
How Do We Address
Non-Conforming Uses?
Before issuing a permit or license
Check to make sure it hasn’t been vacant for a year
If there has been a fire, verify that the repair cost doesn’t
exceed 75% of replacement
Check for other criteria
Has it been changed to a conforming use?
Are there other factors that would cause it to expire?
Most cases are in Downtown Residential District –
Former multi-family conversions
Page 288
We Have Not….
Reviewed uses in residential zones 20 years after
effective date or 40 years after initiation of use (Section
1.53)
Addressed non-conforming uses in continuous
existence
Challenges with doing this:
Significant research needed on code amendment dates, rezonings,
and each property deemed to be non-conforming
Some non-conforming uses are also permitted as conditional uses,
should these be grandfathered?
Need consistency across city and zones
Unintended consequences of enforcement– could adversely affect
many properties, including churches, service organizations, etc.
Page 289
ATTACHMENT #2
PR&CE Committee Meeting of 12-14-2015
Page 290
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on December 14, 2015,
at 6:00 p.m. with Chairman Hare presiding. Members present Mr. Sudler (arrived at 6:02 p.m.),
Ms. Maucher, and Mr. Shevock. Mr. Cole was absent. Council President Slavin and
Mayor Christiansen were also present.
AGENDA ADDITIONS/DELETIONS
Ms. Maucher moved for approval of the agenda, seconded by Mr. Shevock and unanimously
carried.
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 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.
Mr. Shevock moved to recommend authorizing the carryover of five (5) marked police
vehicles, seconded by Ms. Maucher 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.
Page 291
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF DECEMBER 14, 2015 PAGE 2
Staff recommended authorizing the Controller/Treasurer to extend the WSFS Bank and Cash
Management Services agreement through August 2016.
Mr. Shevock moved to recommend approval of Staff’s recommendation, seconded by
Mr. Sudler and unanimously carried.
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.
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
Page 292
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF DECEMBER 14, 2015 PAGE 3
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.
Ms. Maucher moved to recommend authorization to negotiate an extension of the current
contract with ADP until January 1, 2018, seconded by Mr. Sudler, and unanimously carried.
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 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.
Mr. Shevock moved to recommend acceptance of the Comprehensive Annual Financial Report
(CAFR) as presented, seconded by Mr. Sudler, and unanimously carried.
By unanimous consent, the meeting adjourned at 6:16 p.m.
William F. Hare
Chairman
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Page 293
ACTION FORM
PROCEEDING: Legislative and Finance Committee AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 12/3/15
PREPARED BY: Captain Timothy Stump / Administrative Division Commander
SUBJECT: City of Dover Proposal for Usage of Bank Settlement Funds for Public Safety
REFERENCE: JFC Approval of State of Delaware 10-13
RELATED PROJECT: Neighborhood Building Blocks Fund Grant Funding
APPROVALS: City Manager, Controller/Treasurer
EXHIBITS: None
EXPENDITURE REQUIRED: $614,569 PROJECT BUDGET: $614,569
FUNDING SOURCE (Dept./Page in CIP & Budget): State Grants for Public Safety
TIMETABLE: Grant approval was received and funding is forthcoming. Once received and
accepted, the items will be ordered.
RECOMMENDED ACTION: Approve the grant project as requested.
BACKGROUND
Violent criminal activity within the city of Dover continues to be on the rise. The Police Department investigated seven
(7) murders within the past year. As a result of concerns for public safety, the Dover Police Department applied for grant
funding from the Neighborhood Building Blocks Fund (NBBF) program in March 2015. The program is administered by the
Delaware Economic Development Office and funded from State of Delaware Bank Settlement proceeds. Funds were
requested to continue the Police Cadet program through June 2018, purchase fourteen (14) additional cameras for the city-
wide camera network and building enhancements in the Police Department for the monitoring of the city-wide camera
program. The total amount of funds requested was $534,998. Unfortunately, funding was not available in that funding cycle,
so our application was tabled for the next cycle.
Funding from the NBBF Program was discussed again during August 2015, at a meeting of the Downtown Dover
Partnership group. Chief Bernat discussed the possibility of resubmitting our NBBF application again with the Attorney
General’s Office. Funding was not available for all the requirements we originally requested, so Chief Bernat pared it down
to cover four (4) additional cameras for key areas in the city and the maintenance for these cameras. As a result of that
discussion, $35,000 was approved for these four (4) cameras in late October 2015.
Violent crime continues to present concerns for Public Safety agencies within the state. Chief Bernat met and discussed
our funding requests with local state legislators who advised him on the content of the department’s request which is
provided in the attachment to this form. The State Legislature met and discussed the issues during the first week in
December 2015 and approved $579,569 for the Dover Police Department.
ACTION REQUESTED
The Legislative and Finance Committee and Council approve the receipt of this grant and the purchases identified.
Page 294
Grant Funding Breakout
Program Item Amount
OCTOBER 15 APPLICATION APPROVED BY THE NEIBORHOOD BUILDING BLOCKS
FUND
4 Additional City Cameras and Maintenance (with 3 year extended warranty) $35,000
DECEMBER APPLICATION APPROVED BY THE STATE OF DELAWARE JOINT FINANCE
COMMITTEE
Cadet Program
Salaries (2/15/16 through 6/15/17) - temporary part-time employees working 97,700
19 hrs/week
Social Security 6,057
Medicare 1,417
Worker’s Compensation 395
Cadet Payroll Subtotal $105,569
Police Extra Duty Foot Patrols & Street Crimes Unit Overtime Foot 275,000
Patrols
over a 12 month period - funds will yield about 4,800 additional hours at the
average overtime rate of $57.19/hour (4 officers X 4 hours X 5 days a week
X 52 weeks = 4160 hours plus 640 hours OT for Community Events – see
below.
Total Payroll Costs $380,569
Other Costs
14 Additional City Cameras & Maintenance (with 3 year extended 145,000
warranty)
Upgrade the Police Communications Center to enhance the monitoring 25,000
of existing and new cameras within the city.
Community Events Funding - host basketball and social gatherings to 25,000
build trust in the community. Program funding will pay for food,
music and entertainment, such as movies at the Dover Police
Station, Schwartz Center and outdoor theater areas.
Update outdoor basketball court located at the corner of Kirkwook & 4,000
Division Streets - new lights with light sensitive timers (turn off at 10
pm) & chain nets on basketball hoops
Total Other Costs $199,000
Grand Total Funding Approved by December JFC $579,569
GRAND TOTAL FUNDING APPROVED $614,569
Page 295
Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
General Information
Department: Police Staff Contact: Capt Stump
Grant/Project Title: Bank Settlement Funds for Public Safety
Brief Grant/Project Description: Non-recurring Neighborhood Building Blocks Grant funding managed by the State of
Delaware Economic Development Office. Funding for this program comes from the State of Delaware bank settlements.
Application Information
Due Date: 12/1/15 New Related Grants: NBBF Grant
Recurring Previous years’ grants
Anticipated Award Date: 12/3/15 Anticipated Notification Date: 12/3/15
Start Date: 1/1/16 End Date: 12/31/16
Award Amount: Cash Reimbursement
Approx. reimbursement turn-a-around time
Council Approval Needed: Yes No Which apply? Match amount
(Council approval is needed for grant projects > $25,000, when match amounts Project shortage
equal or exceed $25,000, or when expressly required by the granting authority.)
Other grant requirement
Grant/Project Costs
Budget Category Award Amt Match Amt Match Source
Contractual
Equipment/Supplies $234,000
Indirect Cost (ie, vehicle repairs, mileage,
0.00
IT, telephone)
Personnel (Cadet Payroll) 105,569
Police Extra Duty 275,000
Travel/Training 0.00
Other (ie, informant/buy money) 0.00
0.00
Total $614,569 $ 0.00
GRANT TOTAL $614,569 Award + Match
Page 296
Department Grant Application Analysis Form
For Use in Evaluating Grant Opportunities
Other Information
1. Are any of this project’s costs included in the City budget?
No, but maintenance for 84 related city-wide cameras are funded in the Police
Department’s budget.
2. Are there any long-term costs or commitments?
Cadet Costs should be picked up the city after the grant term ends in June 2017. In
addition, Maintenance costs for the additional city-wide cameras will be picked up by
the department budget after the end of the five year warranty period.
3. How will this program/project be funded after the grant expires?
From the city budget.
4. What is the maximum amount of funds available from this funding source?
The amounts shown on the preceding table are the maximum amounts available.
5. If the Department receives only a portion of the amount requested, how will the
project be funded?
The funds are explicitly authorized for Dover PD’s use, so the full amount will be
available.
6. Are there other departments in the City eligible for this funding?
No.
7. Are other departments in the City willing to collaborate on this project?
Not Applicable.
8. Will this project duplicate or compete with other services or programs provided by
the City or other local agency?
No.
Page 299
Monthly Report
November 2015
Office of City Assessor
Page 300
Assessor’s Report
Number of Deeds Stamped for the Transfer Tax Dollar Amount for the
Month of November 2014/2015 Month of Nov. 2014/2015
25 25
25 20 $100
Thousands
20 13 14 $52
15 10 $50 $29 $11 $25 $26
10 3 1 2014 $15 $0
5 1 2 $2 2014
0 2015 $0
2015
First Time Buyer for the Month of Nov. Nov. 2014/2015 Realty PropertySales in
2014/2015 Dollars Received Prior to Recording
25
$4
25 $4
Millions
20 $3 $2 $2 $2 $2
13 14 Res. Non‐First $1
$2
15 10 Time Buyers 2014 $0 $0
$1
10 Res. First Time 2015 $0
5 Buyers
0
2014 2015
Major Updates
September ‐ 15 October ‐ 15 November‐ 15
Assessment Change $84,800 ‐$2,478,060 ‐$246,300
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
23 $3,096,100 $3,229,625 0.96 1.05
1
Page 301
Assessor’s Report
Ratio – Assessed Value divided by Sale Price.
PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under
appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high
valued properties are relatively over appraised.
Points of Interest
Scanning & Filing
‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval.
‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
‐ All old property record cards are being scanned and indexed into Fortis.
Assessor’s Office
‐Delinquent Tax Bills and Tax Sale Notices were mailed to those property owners who owe 2 years in
Property Taxes.
2
Page 302
DEC 14, 2015 CITY OF DOVER PAGE: 1
10:50 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-057.17-01-26.00 18 R10 51 GRISTMILL PL 1 8 1991 2 1955 C+ AV 154,500 16-NOV-15 150,000 1.03
ED05-066.16-02-16.00 3 R10 45 LOST TREE CT 1 8 1987 2 2390 B- AV 184,700 10-NOV-15 205,200 .90
ED05-067.05-01-65.00 18 R10 15 HEMSTED CT 1 13 1988 2 2119 B AV 157,400 13-NOV-15 152,000 1.04
ED05-067.09-01-28.00 18 R10 247 MERION RD 1 5 1977 2 1850 C+ AV 186,100 23-NOV-15 187,500 .99
ED05-067.11-01-10.00 10 R10 928 WOODCREST DR 1 16 1971 1 1832 C AV 156,100 20-NOV-15 168,500 .93
ED05-067.14-04-28.00 18 R10 109 RED OAK DR 1 5 1994 2 3427 B- GD 246,500 09-NOV-15 245,000 1.01
ED05-067.15-02-36.00 2 R10 139 N ANN AVE 1 14 1960 1 672 C- AV 72,900 08-NOV-15 73,000 1
ED05-067.16-02-28.00 10 R10 600 LAKEWOOD PL 1 3 1937 1 1390 C AV 127,100 13-NOV-15 167,700 .76
ED05-068.09-01-80.00 8 R10 635 VENUE DR 1 13 2000 2 2034 B GD 207,700 12-NOV-15 189,000 1.10
ED05-068.14-04-28.00 7 R10 134 SPRUANCE RD 1 13 1986 2 990 C- FR 64,600 30-NOV-15 47,975 1.35
ED05-068.14-04-42.00 7 R10 162 SPRUANCE RD 1 13 1985 2 1045 C- FR 63,000 20-NOV-15 39,000 1.62
ED05-068.18-05-74.00 7 R10 827 E DIVISION ST 1 14 1950 1 906 C GD 119,400 06-NOV-15 125,000 .96
ED05-076.03-01-10.00 14 R10 15 LESTER CT 1 5 2007 2 1894 C+ AV 174,100 16-NOV-15 165,000 1.06
ED05-076.03-04-68.00 11 R10 412 BEUVALE LN 1 14 2009 1 1714 B+ AV 225,900 20-NOV-15 263,000 .86
ED05-076.06-01-67.00 103 R50 1 GRAND HALL 1 20 1973 1 779 B GD 56,200 04-NOV-15 52,000 1.08
ED05-076.08-04-20.00 9 R10 12 N KIRKWOOD ST 1 1 1925 2 1504 C AV 72,400 06-NOV-15 75,900 .95
ED05-077.05-02-43.00 10 R10 31 MAPLE PKWY 1 1 1920 2 1792 C+ AV 142,200 19-NOV-15 170,000 .84
ED05-077.11-05-33.00 6 R10 2 MER WAY 1 8 2012 2 2266 B- AV 180,200 05-NOV-15 225,000 .80
ED05-077.17-03-45.00 4 R10 834 S STATE ST 1 3 1920 1 1560 C- AV 115,900 13-NOV-15 110,000 1.05
ED05-085.08-03-73.00 12 R10 277 FIDDLERS GRN 1 16 1967 1 1724 C+ GD 153,600 20-NOV-15 167,850 .92
ED05-087.06-01-22.00 4 R10 1113 JANES RD 1 14 1952 1 714 C FR 69,400 02-NOV-15 86,000 .81
ED05-087.06-01-26.00 4 R10 1065 JANES RD 1 14 1952 1 822 C FR 73,100 05-NOV-15 80,000 .91
LC05-058.18-01-36.00 1 R10 109 SUSAN PL 1 11 2006 1 1560 C- GD 93,100 16-NOV-15 85,000 1.10
Page 303
CITY MANAGER’S
MONTHLY REPORT
NOVEMBER 2015
City Manager’s Monthly Report, November 2015
Page 304
Customer Services
In the month of November, we processed 5,043 credit card payments for the month totaling
$1,002,963.78.
Human Resources
Continued contract negotiations.
Library
962 attended 35 programs for adults.
438 attended 33 programs for teens.
917 attended 35 programs for children.
15 volunteers completed 272.5 hours of service.
257 attended 37 programs/classes coordinated through the Job Center.
Public Works
Working on CIP and additional funding for future street program and other projects.
2 City Manager’s Monthly Report, November 2015
Page 305
CUSTOMER SERVICES
WORK ORDERS PROCESSED
3 82
Extensions
398 of Credit
3,000 400 358
300
2,500 268
2,144 300
1,998 2,075
1,861 1,904
2,000 1,749 1,770 1,721
1,570 1,599 1,630 200
1,437
1,500 1,298
100
1,000
500 0
Nov- Dec- Jan- Feb- Mar- Ap r- May - Jun- Jul- Aug- Sep- Oct- Nov- Nov- Dec- Jan- F eb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov-
14 14 15 15 15 1 5 15 15 15 15 15 15 15 14 14 15 15 15 15 15 15 15 15 15 15 15
CUSTOMER
77,888 PAYMENT USAGE
CUTS FOR NON PAYMENT
80,000 73,732 $2,000,000
60,000 $1,600,000
$1,308,511
1,175,123.40
40,000 27,219 $1,200,000
26,620
11,340 $800,000
20,000 11,765 9,243
9,396
858 735 $400,000 $258,214
$188,375
0
Drive-Thru Over the Mail, Drop Credit Cards Bank Drafts
$-
Window Counter Box November 2015 November 2014 FYTD16 FYTD15
2016 YTD 2015YTD
FY 2016 FY 2015
Major Program Updates Nov 2015 Nov 2014 Difference
Year-to-Date Year-to-Date
Number of Customers Served 19,724 20,496 (772) 108,332 109,060
Final Bills 565 548 17 3,404 3,607
Estimated Bills 234 78 156 1,151 858
Penalties Posted $ 18,084 $ 17,216 867 $ 82,319 $ 95,559
Extensions of Credit - Amount Extended $ 112,922 $ 75,342 37,580 $ 607,935 $ 393,583
Balance Transfers $ 786 $ 971 (185) $ 94,765 $ 14,355
Utility Collections $ 32,071 $ 14,327 17,744 $ 229,900 $ 105,223
Special Assessments $ - $ - - $ - $ -
Miscellaneous Billings $ 33,329 $ 138,506 (105,177) $ 741,243 $ 397,809
CNP through Disconnect Collars $ - $ - - $ - $ -
Court Cases $ - $ - - $ - $ -
Tamperings $ - $ - - $ - $ -
Taxes Levied (includes carry forward) $ - $ 676,600 (676,600) $ - $ -
Billing Adjustments $ - $ 419 (419) $ - $ -
Total Taxes Collected $ - $ 45,773 (45,773) $ - $ -
Taxes Outstanding $ 478,475 $ 631,246 (152,771) $ - $ -
Payments in Lieu $ - $ - - $ - $ -
City Manager’s Monthly Report, November 2015 3
Page 306
HUMAN RESOURCES
Category Nov Jan Feb Mar April May June July August Sept Oct Nov Total
14 Dec 15 15 15 15 15 15 15 15 15 15 15
14
Caucasian* 288 290 287 286 289 289 291 290 291 290 296 300 301 N/A
*
Minorities 61 62 63 62 63 61 63 63 64 64 67 66 65 N/A
Hired 0 5 1 0 9 5 9 3 8 2 12 1 2 57
Terminated/Resigned/ 3 2 3 2 5 7 4 4 4 1 4 1 2 42
Retired/Other
Transferred/Promoted 5 1 0 0 0 0 0 4 0 1 0 0 1 12
Jobs Posted 3 3 3 2 7 2 2 2 1 7 9 4 0 45
Workers Comp. Inju- 5 1 1 3 3 3 2 2 0 4 6 7 1 38
ries
Workers Comp. Hours 32 2 17 29 312 97 231 115 260 42 24 211 63 1435
Insurance Claims 1 5 4 1 3 0 2 2 0 3 1 3 2 27
Full-time Employees: 337 Part-time Employees: 29 (*4 Pitts Center, 1 Recreation, 12 Library, 2 Customer Service, 1 Central Services, (9) Police Department)
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members.
** August 2015 Pitts Center Number reduced to 4 to reflect error in July 2015
Positions Hired: Civil Engineer, Mechanic I
Position Transferred: Motor Equipment Operator II to Water Treatment Plant Operator
Position Resigned/Retired/Terminated: Fire Dispatcher, Field Supervisor I
Recruitment Information (Positions closed in November)
Position Total Female Male Unknown Black White Hispan- Asian/Pacific American Unknown In Out
ic Islander Indian/Alaskan Dover Dover
Native
Gardener I 16 4 12 - 2 11 1 - - 2 6 10
Gardener II 7 1 6 - 2 5 - - - - 4 3
Unfilled/Open Positions by Department*
Unfilled/Open Posi- Nov Dec Jan Feb Mar April May June July Aug Sept Oct Nov
tions 14 14 15 15 15 15 15 15 15 15 15 15 15
By Department
Electric 2 2 2 4 3 2 3 2 1 2 2 2 3
Public Works 12 12 12 13 15 13 17 16 18 17 16 16 14
Police 1 1 10 10 4 4 2 3 5 5 1 2 2
All Other Departments 5 3 3 4.5 4.5 5 4 6 11 9.5 7.5 7 8.5
Totals 20 18 28 29.5 26.5 24 26 27 35 33.5 26.5 27 27.5
*Not used for Budgeting Purposes
²
The following has been updated to reflected the Fiscal 2015-16 Budget
Electric: Generation Manager, Substation Technician Crew Leader, Ground worker
Public Works: Utility Maintenance Mechanic I/Wastewater; Public Works Inspector (Public Works); Motor Equipment Operator I (Streets); Motor
Equipment Operator II (Streets); (3) Motor Equipment Operator I (Sanitation); Gardner II (Grounds); Gardner I (Grounds); (2) Motor Equipment I Water/
wastewater; Water Treatment Plant Operator I; Public Works Operations Manager
Police: Sex Offender Registration Officer, Police Officer
All Other Departments: (1) Customer Service Clerk (part-time), Librarian II; (2) Librarian I (part-time); Library Clerk I (part-time), Administrative Assistant
(Information Technology-part-time); Library Page (part-time); AS400/System Operator (Information Technology); Planner I (Planning & Inspections);
Accountant I, Finance (part-time); Key Accounts Representative (Customer Service), Fire Dispatcher
4 City Manager’s Monthly Report, November 2015
Page 307
HUMAN RESOURCES
continued
Turnover Statistics
2010 2011 2012* 2013 * 2014 2015
Total Turnover % 5.57 6.75 11.00 10.91 6.02 10.39
Termination Turnover % 0.27 1.08 0.29 1.47 .57 .28
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 6.74
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 3.65
* Healthcare cost sharing implemented
** Healthcare cost sharing implemented for DOE
Average Employees
2010 2011 2012* 2013* 2014 2015
Total Number of Employees Separating from 21 25 38 37 21 37
Service
Average Number of Full-time Employees 362 356 333 325 331 333
Average Number of Part-time Employees 16 15 12 14 18 24
City Manager’s Monthly Report, November 2015 5
Page 308
INFORMATION TECHNOLOGY
Service Requests Resolved Programming Requests Completed
140 128 125 30 28
120 102 25 22
100 91 90 91
18 19
77 74 20 17 16 16
80
58 13 13
60 52 15 11
31 9
40 27 10 7
13 4
20 5
0
Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- 0
14 14 15 15 15 15 15 15 15 15 15 15 15 Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov-
14 14 15 15 15 15 15 15 15 15 15 15 15
Page Views - City of Dover Web Page
40,000
35,000
30,000
Pages Viewed
25,000
20,000
31,423 31,600 31,423 32,737 33,605 33,344
27,275 28,370 28,802 28,730 26,032
23,955
15,000
10,000 23,845
5,000
0
Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov-
14 14 15 15 15 15 15 15 15 15 15 15 15
Current
Performance Indicators Last Month Same Month
Month
Last Year
iSeries Availability 100% 100% 100%
Server Availability 100% 100% 100%
AS/400 Connections
(concurrent/authorized users)
N/A N/A N/A
PCs Supported 373 373 365
Scheduled PCs Replaced - - -
Servers Supported 35 35 30
People Trained 28 12 23
Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday
6 City Manager’s Monthly Report, November 2015
Page 309
LIBRARY
Reference Transactions
1200
1000
800
600
400
200
0
Adult Teen Children
Nov 15
Adults – 1,310 Teens – 227 Children – 521
Circulation Nov 15 FYTD 16 Nov 14 FYTD 15
Dover residents 17,179 99,476 19,445 109,530
Ebooks 2,534 11,986 1,881 9,518
Kent residents* 10,774 59,808 12,995 71,985
Non-county residents 1,843 10,330 2,121 10,893
Registrations
Dover residents 683 2,251 313 1,936
Kent residents* 58 203 41 234
Non-county residents 17 40 10 35
Other
Visiting Patrons 24,774 142,024 27,235 138,863
Meeting Room Usage 1,206 7,160 2,062 8,724
Photocopier Usage 1,058 6,092 1,000 5,420
Computer Printing Usage 3,115 15,571 3,143 15,233
Computer Users 4,284 23,301 4,283 24,271
Wireless Computer Users 1,711 9,864 1,690 8,594
Holds (Total) 6,595 35,499 5,632 33,936
*Breakout of Kent County Residential Statistics
Circulation Registrations
Harrington: 148 Harrington: 3
Milford: 106 Milford: 1
Smyrna: 518 Smyrna: 0
Outside City Limits: 10,002 Outside City Limits: 54
Total Registered Users: (Card Holders)
City: Kent County: 12,051 Outside Kent County: 1,052
Other Points of Interest:
Inter/Interlibrary: 62 items loaned out Technical services: 1,744 items added
33 items borrowed 2,735 items deleted
Volunteers: 272.5 hours of service completed
City Manager’s Monthly Report, November 2015 7
Page 310
PUBLIC WORKS
Administration
Administrative review and inspection services continued on all residential and commercial developments.
The following residential subdivisions are in various phases of construction:
Oak Shadows Emerald Pointe Eden Hill (Residential)
Patriot Village Clearview Meadows Village of Cannon Mill
Sanitation
1,500
Monthly Total Refuse (Tons) Sanitation Hours
1200
1,000 875 869 869 925 1000
827 853 806
726 717 733 711 800
648
541
600 451 470 441
500 292 344
211 217 239 190 400 269
173 135 177 177 169 145 134
110
200 73
- 15 17
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 0
14 14 15 15 15 15 15 15 15 15 15 15 15 Bulk Collection Mechanized Hand Trash Container
Collection Collection Repair/Delivery
Bulk Automated
Nov 15 Nov 14
NOVEMBER 15 FYTD 16 NOVEMBER 14 FYTD 15
Trips to DSWA Sandtown Landfill 153 875 148 907
Total Tonnage to DSWA 844.80 4,938.12 767.92 7,860.54
90-Gallon Containers Delivered 53 366 12 192
300-Gallon Containers Delivered 0 0 2 28
Total Man Hours-containers Delivered 15 87 17 176
CURBSIDE RECYCLING TOTAL # OF TOTAL # OF
STATS HOUSEHOLDS ACCOUNTS WEIGHT/LBS. AVE. LBS.
COLLECTED
November 2015 19,324 9,213 268,480 13.89
8 City Manager’s Monthly Report, November 2015
Page 311
PUBLIC WORKS
continued
Streets NOVEMBER 15 FYTD 16 NOVEMBER 14 FYTD 15
Signed Installed 1 31 0 112
Signs Repaired 14 39 0 49
Curbs Painted Yellow (feet) 165 1,281 0 683
New Post Installed 5 42 0 18
Storm Catch Basins Repaired 0 9 0 8
Storm Catch Basin Repairing (Hrs.) 0 38 0 60
Storm Catch Basins Cleaned 1 356 20 60
Storm Catch Basins Cleaning (Hrs.) 1 42 9 37
Hot Mix Patching (Tons) 0 0 0 6
Hot Mix Patching (Hrs.) 0 0 0 73
Cold Mix Patching Hrs.) 0 19 0 101
Concrete Work (Hrs) 8 40 1 136
Concrete Patching (Cubic Yards) 0 0 0 0
Ditch Work (Hrs). 0 28 0 0
Street and Alley Maintenance (Hrs) 0 4 12 278
Street Sweeping (Miles) 0 5,801 0 5,327
Street Sweeping (Cubic Yards) 0 456 0 1,288
Leaves Collected (Cubic Yards) 7,034 7,787 4,313 5,351
Leaf Collection (Miles) 3,132 3,881 2,067 2,502
Grounds
Total Work Orders = 18 General = 9 Arborist = 9
Arborist Crew November 2015 November 2014
Trees Trimmed 46 21
Trees Removed 4 2
Stumps Removed 6 0
Root Pruning 0 0
A three man crew worked on Christmas lights
Beautification Crew
No beautification crew.
Removing plants, as needed, due to cold/frost wilt/damage.
Mowing Crew
Mowing of all areas including parks, around City facilities, ditches, and right-of-ways.
One mowing crew began general clean-up of the grounds on the mowing route.
Athletic Field Maintenance
Prepared athletic fields for games
Began fall aerating and fertilizing program on various fields.
Litter Removal
Litter crew has been doing an outstanding job with emptying trash cans and picking up litter.
Miscellaneous
Continuing the relocation of the Grounds Maintenance Operation and Equipment Maintenance Shop, from PWII, to the
Schutte Park Facility
All staff participated in decorating for the December 3rd Capital Christmas Celebration.
City Manager’s Monthly Report, November 2015 9
Page 312
PUBLIC WORKS
continued
Geographic Information Systems (GIS)
Delaware Chamber of Commerce Modify web application and map for Capital Holiday Celebration
Public Works GIS Day. Time spent setting up, working at & breaking
down.
Public Works Update sanitary sewer system at multiple parts of the
City
Public Works Create GIS Day Power Point
Public Works Prepare for GIS Day
Public Works GIS Day
Fleet and Facilities Management
Fleet Maintenance
PM Work Orders Completed: 5 Number of Tire Repairs: 9 Number of Road Repairs: 6
Other Work Orders: 67 Repair Hours: 184 Road Repair Hours: 6
Total Work Orders: 72 Fabrication Hours: 4 Misc. Hours: 4
PM Hours: 23
# Of Scheduled PM’s: 19
# Of Scheduled PM’s: Completed: 2
Major Program Updates
MEASURE November 2015 November 2014 DIFFERENCE
2 out of 19
10.53. %
Fleet Maintenance - Scheduled
Preventative Maintenance appoint- Winter is upon us and vehicles are destined to 2 out of 10
- 9.47%
ments being kept (Quantity and have problems as the temperatures drop. If you 20%
Percentage) have noticed problems with your vehicle and
haven't made time to schedule for repairs, now is
the time.
Facilities Maintenance
Facilities - Routine work orders
18 out of 19 1 out of 1
completed within 5 days (Quantity - 5.26%
94.74 % 100%
and Percentage)
Facilities - Emergency work orders
2 out of 2 18 out of 18
completed within 2 days (Quantity 0%
100% 100%
and Percentage)
10 City Manager’s Monthly Report, November 2015
Page 313
PUBLIC WORKS
continued
Water/Wastewater
Water Production/Billed Consumption/Flow to Kent
County
255000000
205000000
155000000
105000000
55000000
5000000
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
14 14 15 15 15 15 15 15 15 15 15 15 15
Total Water Prod. Billed Consumpt.
Total Flow to County City Readings
ENGINEERING SUMMARY
Major Program Updates NOVEMBER 15 NOVEMBER 14 DIFF FY16 YTD FY15 YTD
State and Federal Violations 0 violations 0 violations - - -
Water Quality Complaints 2 0 +2 39 51
Plan Review Completed With- 2 plans 9 plans
-7 28 52
in 30 days of Submission 100% 100%
OPERATIONAL SUMMARY
Task NOVEMBER 15 NOVEMBER 14 CURRENT FY
Water Production - Daily Average 4,054,733 3,832,467 799,215,000
Average Field Response Time (goal is <30 minutes) 17.34 19.03 17.17
Water Mains Repaired 2 4 2
Water Service Lines Repaired 0 1 9
Wastewater Mains Repaired 2 1 4
Wastewater Service Lines Repaired 2 1 2
Sewer Lines Flushed - linear feet 51,917 92,185 280,934
Sewer Mains Videoed -linear feet 552 1,723 8,244
Total Fire Hydrants in Service 1,820 1,820 1,820
Total Water Meters in City Distribution System 14,372 14,156 14,372
City Manager’s Monthly Report, November 2015 11
Page 314
ELECTRIC DEPARTMENT
System Peak Total System Load
100,000
76,060
200
155.6 158.5 74,133
65,517 68,704 66,383
60,195 62,574 60,236 61,012
148 148
135.8
80,000
120.6 54,958 51,470 55,011 53,746
150
114.8
101.1 104.7 103.8 101.3 60,000
90.95 95.5
100
40,000
50 20,000
Nov 14 Dec 14 Jan 15 Feb 15 Mar 15 Apr 15 May 15 Jun 15 Jul 15 Aug 15 Sep 15 Oct 15 Nov 15 Nov 14 Dec 14 Jan 15 Feb 15 Mar 15 Apr 15 May 15 Jun 15 Jul 15 Aug 15 Sep 15 Oct 15 Nov 15
Outages Customers of Gained/Lost
35 8,000
70 61
25 6,000 60
Customers
50
Outages
15 4,000 40
30
5 2,000 20 15 12 14
11 11 9 9
7 6 6 5
10 2
Dec 14 Jan 15 Feb 15 Mar 15 Apr 15 May 15 Jun 15 Jul 15 Aug 15 Sep 15 Oct 15 Nov 15
-5 0 0
Nov 14 Dec 14 Jan 15 Feb 15 Mar 15 Apr 15 May 15 Jun 15 Jul 15 Aug 15 Sep 15 Oct 15 Nov 15
Outages Customers
Outages: 5 Customers: 2629
Electric Monthly Outage Report
The annual outage goal will be less than 295 Controllable Outages Average Response Time
minutes per customer, which is a Delaware Annual goal is less than 40 Goal is less than 30 minutes
Standard. This will be measured by calculating
the System Average Interruption Duration Index. Month Year-to-date Month Year-to-date
FY 16 YTD FY 15 FY 14
0 8 24 Minutes 28.59 Minutes
23.56 50.49 65.76
NOV 16 NOV 15 FY16 YTD
PROGRAM UPDATES
Tree Trimming 250 475 1561
Number of Oil Releases 3 0 0
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 61 7 98
12 City Manager’s Monthly Report, November 2015
Page 315
ELECTRIC DEPARTMENT
November 2015 Electric (EE Capitol Improvement Projects (CIP)
Project Number Description Update
Progress: Switchgear has been delivered and install upon piers. Starting to dig
in conduit. Substation will be off line through approx. Jan 16. Material has
General Scott been allocated. Decks are completed. Will be designing Fiber Optic in July.
EE1312 Switchgear Commissioning is in work.
Replacement
Schedule: FY16 construction in progress.
Progress: New owner of farm south of Morgan Branch. In discussion about
69kV Rebuild
possible relocation of some poles for irrigation.
EE1500 (Horsepond to Long
Point) Schedule: FY15 is for Design |FY16 budget is for construction.
Progress: State of Delaware requested project to be delayed, start date
unknown.
EE1505 DNREC R&R
Schedule: Project on Hold | funds moved for other FY15 projects
Progress: Work to begin this fiscal year
West Dover
EE1509 Connector - Schedule: Planning on starting on Saulsbury Road after Playtex & Garrison
State of DE Oak.
Progress: City crews continuing the installation underground wire. Phase 1 of 5
Town Pointe is approx.. 35% complete.
EE1513
Distribution Feeders
Schedule: Project boring has begun.
Progress: Developer contacted Electric Engineering about conduit installation
beginning soon.
Chestnut Grove
EE1516
Subdivision Schedule: Not Scheduled | Contractor responsible for conduit installation in
development | No activity at job site
Progress: Currently investigating the cables placement & engineering design.
Design continues in FY16 & construction in FY17.
69kV Cable
EE1520 Replacement – North
St. Substation
Schedule: FY16 construction to begin.
Progress: Material has been issued to contractor for installation. Equipment
set. Project is 95% complete for Phase 1, Phase 2 planning underway,
Lenders Lake communicating with Engineering about design
EE1524
Apartments
Schedule: Line Crew installed conductors/transformers.
Progress: COD portion complete
Playtex Addition Schedule: Awaiting word from Diamond Electric, EST. 15 Dec completion
EE1526
(Edge well)
Progress: Primary Design complete. Waiting for primary fee payment.
Kirby & Holloway
EE1537
Restaurant Schedule: No work scheduled
North Street Sidewalk Progress: Currently in Design and waiting on customer approval.
EE1538
Improvements Schedule: No Work Scheduled
College Road Progress: Currently design is complete
EE1540 Substation PT Schedule: Waiting on Material
Replacement
City Manager’s Monthly Report, November 2015 13
Page 316
ELECTRIC DEPARMENT
Progress: Currently design is complete. Contractor has received material for
installation. Homes are under construction. 50% Complete
Nottingham Meadows
EE1544
- Wellington Ave Schedule: No Work Scheduled | Contractor responsible for conduit installation
in development
Progress: Permit received. Environment concerns addressed. Directional Bores
Horsepond URD Complete.
EE1607
Distribution Feeder
Schedule: Contracted work has begun.
Lakeland Distribution Progress: Drawings completed. Owner has been contacted.
EE1618
Feeder Schedule: Work to begin after EE1607.
Progress: Service Locate & W.O. are complete and in file awaiting payment
McKee Road
from Edge well.
EE1635 Warehouse
(Edge well) Schedule: Work to begin once payment is received.
Progress: Primary conductors and equipment installed. Pump station has been
Clearview Meadows energized. Need contractor to work on conduit to start lights.
EE1636
Phase 4
Schedule: In progress
DOVER TOWN CTR Progress: Same as Outback. We received check.
EE1637 FLEX SITE - Schedule: Same as Outback
Transformer
Progress: Drawing complete. Transformers have been set. Waiting on
Dover Town Center contractor to complete secondary work
EE1638
(Old Wal-Mart)
Schedule: Primary work is complete
Progress: Drawing complete and City Crews to install primary after conduit is
installed. We received check.
EE1639 Outback Steakhouse
Schedule: Awaiting Contractor to install conduit.
Progress: Installing 480 volt service for new grain elevator. Waiting on
customer
EE1640 Round Barn Farm
Schedule: Preliminary Stages of design
Reed Street Interior Progress: Researching bids from design firms for repairs
EE1641 Bldg./Security
Improvements Schedule: Awaiting bid information
Progress: New service to warehouse. Dividing space into 6 customers. Putting
plan together for next month. Owner will begin conduit installation in
Del-Homes
EE1642 December
Warehouse
Schedule: Preliminary Stages of design
Progress: New service to new show room. Design complete. Waiting on
payment
EE1643 Winner Volkswagen
Schedule: Preliminary Stages of design
Progress: Station upgrade from 120/240 Volt to 208Y/120 volt. Design
Retreat Pump Station completed and waiting on public works
EE1644
Renovation
Schedule: Preliminary Stages of design
Progress: Preliminary design complete. Primary fee calculated. Waiting on
Dover Family Cos- payment from customer
EE1645
metics
Schedule: Final Stages of design next month
14 City Manager’s Monthly Report, November 2015
Page 318
City Planner’s Monthly Report
Planning, Inspections & Recreation
NOVEMEBER 2015
Planning, Inspections & Recreation Highlights
Planning Staff participated as part of the project team and attended the public workshops asso-
ciated with the Division Street/Forest Street Design Week Charrette (Western Capital Gateway).
A series of updates to the Schedule of Fees for various permits, licenses and applications began
the review process for adoption in November and will be considered by City Council in Decem-
ber. (Ordinances #2015-21 and #2015-22)
The Delaware Population Consortium adopted it’s Annual Population Projections on November
5, 2015. The DPC estimates the population of the City of Dover to be 37,618 as of July 1, 2015.
Youth Soccer League - Our youth inaugural Youth Soccer League proved to be a great accom-
plishment for 172 local kids. Our partners in the YMCA and Holy Cross contributed to the over-
all success of the inaugural league, as well. The $40 registration fee, which included a team
t-shirt was pleasing to many families. We believe the affordable fee contributed to the diverse
population that participated. Appreciation of the affordable option to introduce child(ren) to
soccer, many for the first time, was definitely voiced to us. Not wanting to leave the younger
children with nothing to do, this Winter we are hosting an indoor soccer league on Friday nights
for 3 - 8 year olds. Due to program needs in the John W Pitts Recreation Center, we are limited
to just 32 participants in three divisions. We are already half full and expect another successful
affordable, safe, and fun indoor soccer program. This program is set to kick off January 8.
Winter Youth Basketball League - Our annual Youth Basketball League held a Skills Day on
November 21. Skills Day allows our sports coordinator to adequately balance teams of equal
ability players of skills, age, size, & gender. As typical, a waiting list exists for the annual indoor
league. The registration fee of $50 includes a team t-shirt and again is an affordable option for
a diverse population. We anticipate team assignments, practice and game schedules to be
available by December 10 and league practices are anticipated to
begin on December 12.
“Pie Five” Pizza Company at 1211 North DuPont Highway
received its Certificate of Occupancy in November.
“VIP” Tailors / Cleaners at 1053 North DuPont Highway received
its Certificate of Occupancy in November.
Page 319
Planning, Inspections & Recreation Revenue
FY '16 Budget FY '16 Actual
(YTD)
Revenue Stream
Looking Forward…...
Business License $1,425,000 $ 1,452,451 102%
Trailer License $21,000 $ 19,863 95% A new planner coming
Building Permits $600,000 $ 295,323 49% on board
Cert. of Occupancy $6,500 $ 3,060 47%
Public Occupancy $9,700 $ 850 9%
Lodging House $14,100 $ 148 1%
Plumbing/Heating/Air $75,000 $ 30,315 40%
Rental Inspection Fee $350,000 $ 8,996 3%
Miscellaneous $15,000 $ 4,571 30%
Fire Protection Fees $62,000 $ 34,044 55%
Code Enf. Fines $25,000 $ 27,350
Vacant Building Reg. $100,000 $ 76,352 76%
Total P&I Revenue $2,703,300 $ 1,953,325 72%
Recreation $149,800 $ 70,782 48%
TRAINING
On November 3, 2015 Greg Akers, Mike McGregor, Chris Scott attended Codes Training
Strong Tie (Simpson) and Deck and Porch Framing Connection Seminar training in
Georgetown, Delaware.
On November 18, 2015 Greg Akers, Mike McGregor, Chris Scott attended IEBC Funda-
mentals training in Dover, Delaware.
PLANNING OFFICE
The Planning Office is part of the review process for certain types of construction activity
permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits. For No-
vember 2015, Planning Staff was involved with review of 70 Permits and 14 Certificates of
Occupancy permits. (2015 calendar year total of 895 Permits and CO’s compared to 825 for
2014). Planning Staff also reviews new applications for Business Licenses and Rental
Dwelling Permits.
Page 320
COMPREHENSIVE PLAN IMPLEMENTATION
Planning Staff continues to focus on the various implementation items identified in the 2008
Comprehensive Plan as amended.
A proposed package of Text Amendments to the Zoning Ordinance related to the Recrea-
tional and Commercial (RC) zone and temporary activities known as Ordinance #2015-17
continued the formal review process in November. Following a public hearing on Novem-
ber 17, 2015 the Planning Commission recommended approval of the Ordinance including
action on a series of amendments (SA#1-6). A public hearing and final action is scheduled
for December 14, 2015 with City Council. (MI-15-04)
A Review of Chapter 66 – Manufactured Homes and Trailers and Appendix B: Zoning was
discussed at the City Council meeting of November 9, 2015 and a First Reading of Ordi-
nance #2015-20 was completed for Text Amendments to the Zoning Ordinance related to
the manufactured homes. The first set of Amendments focuses on amendments to the defi-
nitions of “one-family dwelling” and “manufactured home.” It was referred to the Plan-
ning Commission for review in December. (MI-15-13)
The Planning Office is also involved in the following studies and projects: City Recrea-
tional Needs Assessment, Restoring Central Dover Community Plan, and Transportation
Improvement Districts.
Construction Activity
For the Leander Lakes Apartments project, the foundation and building construction con-
tinues on the community center building and four apartment buildings. In November, a
Building Permit was approved for a sixth apartment building. The apartment complex is
located south of Forrest Avenue/Route 8 and west of Dover High Drive. (S-12-18)
The new location in Greentree Shopping Center of AAA-Mid Atlantic received its Certifi-
cate of Occupancy in November. The new location provides light automobile service along
with travel and insurance services. (S-15-06)
NOV 15 TOTAL FOR 2015 (as of July 2015)
New Home Permits Issued 3 22
Value of Commercial Projects $616,472 $16,268,541
Downtown Incen ves (Fees Waived) $4,403.00 $24,646.20
Page 321
BOARD AND COMMISSION ACTIVITY
Planning Commission
The Planning Commission met on November 16, 2015. The next Planning Com-
mission meeting is scheduled for December 21, 2015. The following applications
were considered:
S-15-14 Creekstone Center Development on South Governors Avenue –
Conditional approval granted of the Site Development Master Plan to permit
construction of a commercial complex Phases 2-4 consisting of two 2-story,
18,080 S.F. commercial/office buildings and one 5-story, 77,745 S.F. retail/
office building to join Phase 1 of a 2-story 18,080 S.F. office building previous-
ly completed.
MI-15-04 Text Amendment: RC Zone and Temporary Outdoor Activities
—Commission recommended approval of the proposed text amendment to City
Council and including the recommendations for the reviewed amendments. The
amendments update uses in the RC Zone and establish permitting procedures
for temporary outdoor activities and temporary camping in the RC zone.
Board of Adjustment
The Board of Adjustment met on November 18, 2015. The next regular scheduled
meeting of the Board of Adjustment is scheduled for December 16, 2015. The fol-
lowing application was considered:
V-15-14 1159 North DuPont Highway-Grotto Pizza—The Board moved to
deny the sign variance V-15-14 based on the testimony given and because the
applicant did not demonstrate Exceptional Practical Difficulty and the extra
sign would be out of character for the area and possibly setting a precedent
within that area.
Historic District Commission
The Historic District Commission met on November 19, 2015. The next Historic
District Commission meeting is scheduled for December 17, 2015. As part of
their Annual Meeting, the Historic District Commission elected Chazz Salkin as
Chairman and Joseph McDaniel as Vice-Chairman.
Page 322
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CDBG FY15 Projects
Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the Downtown Development District (DDD) Target
Area. One (1) family is mortgage ready and is currently under contract to purchase 34
South New Street.
Dover Interfaith Mission for Housing
CDBG funds will be used for operations cost for the shelter. This project is underway.
Connections Community Support Program
CDBG funds will be used to provide rapid re-housing/rental assistance services for
homeless households within the City. This project is underway.
Milford Housing Homeowner Rehabilitation Program
CDBG funds will be used to rehabilitate existing owner occupied housing in the City that
is in violation of the City’s Housing Code and complete emergency home repairs to elim-
inate housing conditions that threaten the health and safety of low income homeowners.
Habitat for Humanity
CDBG funds will be used to rehabilitate an existing home to provide affordable housing
to a family in the Downtown Development District Target Area. Habitat is currently under
contract to purchase 111 S. Queen Street on November 2, 2015.
Peoples Place Whatcoat Homeless Shelter
CDBG funds will be utilized for minor renovations to a facility that shelters the homeless.
This Project is underway.
Mayors Challenge to End Veterans Homelessness
The Mayor’s Task Force for Ending Veterans Homelessness has met its goal by housing
36 homeless veterans within 200 days. The task force is now planning to meet its next
goal by housing 14 veterans within the next 100 days that will fulfill the Mayor’s Chal-
lenge to End Veterans Homelessness by housing 50 homeless veterans by December 28,
2015.
Page 323
Code Enforcement Activity—NOVEMBER
Case Type # cases current # cases % staff ini ated % staff ini ated
month YTD current month YTD
No valid Rental Permit 0 138 96%
No valid Building Permit 3 53 100% 70%
Tall grass and weeds 10 574 20% 75%
Unregistered vehicle 3 29 75% 72%
Abandoned vehicle 8 84 63% 73%
Annual Housing Inspec on 15 289 87% 88%
Property Maintenance – 36 546 69% 74%
Exterior
Electric Termina on 14 212 100% 87%
Dover Code of Ordinances 48 499 75% 66%
Zoning 16 96 75% 66%
Total Cases 153 2520
Total # of Inspec ons For 301
Month
Dangerous Buildings
1124 Forrest Avenue and 1128 Forrest Avenue
Page 324
Dangerous Buildings, Vacant Buildings & Demolitions
312 W. Loockerman Street—Notice was sent to the lien holders to make repairs to the va-
cant structure by January 6, 2015, or City Staff would schedule a date with Council to de-
clare the building dangerous and request to have the building demolished. On February
19th the City Historic District Commission ruled that Demolition by Neglect was occur-
ring and recommended the owner have 6 months to make repairs or to have the building
demolished. The asbestos abatement has been completed and the demolition bid was
awarded to Gateway Construction.
363 Rita-Wilma Way—The two abandoned mobile homes on this lot have been con-
demned as unfit for human occupancy and boarded. Both mobile homes have been de-
molished by the property owner.
110 Rustic Lane—This building was condemned by City Staff and the dangerous building
process has begun. The home was boarded and a lien search has been requested. The
property will be presented to City Council on July 27th. The owner of the property was
giving until September 10th to demolish the property. The asbestos survey has been com-
pleted with the demolition awarded to Sunnyfield Contractors. The demolition was com-
pleted.
222 W. Reed Street—The demolition was completed.
325 N. New St—Property has been declared dangerous and will be brought forward to City
Council on December 9th to request the City have it demolished.
35 N. Queen Street—Property is condemned and a lien search is complete, home has been
placed on the market for sale.
113 Davis Circle—Property is condemned and a lien search has been requested.
Vacant Buildings—During the month of November seventeen (17) additional buildings
were registered as vacant, and $15,000.00 in vacant building registration fees were col-
lected.
Page 325
Fire Marshal’s Office, Building Inspections & Licensing Summary
LIFE SAFETY Current July 15‐June16 Nov 2014 Nov 14‐June15
Inspec ons NOV 15 FYTD 16 NOV 14 FYTD 15
Annual Fire/Life Safety Inspec ons 44 140 9 213
Fire/Code/DCO Complaints 60 182 33 321
Inspec on Deficiencies from AFI 215 550 32 446
C/O & Acceptance Tests
20 71 4 51
Administra ve Walk Thru 11 54 12 39
Plan Review 33 66 ‐ ‐
Accidental $18,000 $191,900 $8,000 $59,500.00
Incendiary $200 $25,200 $ 0.00 $110.00
Undetermined $13,600 $181,600 $0.00 $0.00
PERMITTING AND LICENSING
Permits Issued
NOV 15 FYTD 16 NOV 14 FYTD 15
Administra ve Permit 1 15 1 24
Building Addi on/Renova on Permits 29 170 31 384
Building Permits
21 27 6 167
Demoli on Permits
9 32 4 53
Fence Permits 5 33 6 107
Fire Preven on Permits 29 73 5 72
Mechanical Permits
42 152 33 286
Plumbing Permits
30 172 34 261
Sign Permits 48 110 8 191
Swimming Pool Permits
1 2 1 15
Business Licenses
42 1123 21 2370
Merchant Licenses
18 260 1 392
Contractor Licenses
31 752 14 1337
Lodging House Licenses
0 6 0 45
Mobile Homes
2 264 17 422
Public Occupancy 6 72 2 360
Rental Dwelling 14 127 20 3044
BUILDING INSPECTIONS
Inspec ons NOV 15 FYTD 16 NOV 14 FYTD 15
Building
285 1743 241 1827
Plumbing/Mechanical
313 1723 195 1292
Cer ficate of Occupancy 14 66 5 63
Page 326
Fire Marshal’s Office—At a Glance
The FMO had a busy month conducting Mercantile
Inspections throughout the City totaling 44 Annual
Fire /Life Inspections. In addition, Deputy Jason Osika
was able to attend an Emergency Medical Responder
Re-Certification Class at the Delaware State Fire
School to renew his certification.
The FMO received two previously ordered 2016 Ford
Utility Interceptors (SUV) to replace two outdated
older fleet vehicles. The Fire Marshal’s Office is look-
ing forward to putting the new vehicles into service!
Recreation Division
Enrollment Summary
NOVEMBER FY 16 verses NOVEMBER FY 15
400
300
200 FY15
100
FY16
0
General Trips Camps
Recreation
Category FY15 FY16
General Recrea on 226 224
Sports 131 248
Trips 105 139
Leagues 251 271
Camps N/A N/A
Page 327
Revenue Breakdown: November 2015 verses November 2014
General Recreation General Recreation
Sports Sports
Trips Trips
Leagues Leagues
Building & Field Rentals Building & Field Rentals
Camps
Camps
Youth Connections/CSW
Youth Connections/CSW
General Recreation $1,900.50 General Recreation $1,563.00
Sports $1,415.00 Sports $1,068.00
Trips $925.00 Trips $2,319.00
Leagues $23,170.00 Leagues $17,610.00
Building & Field Rentals $1,000.00 Building & Field Rentals $1,100.00
Camps $0.00 Camps $0.00
Youth Connections/CSW $700.00 Youth Connec ons/CSW $1,477.00
Page 328
John W. Pitts Recreation Center – NOVEMBER 2015
Total Program Attendance Facility Usage By The Hour
20,000 1,000
15,000 800
600
10,000
400
5,000 200
0 Nov 14 0 Nov 14
Dec 14
Jan 15 Dec 14
Jan 15
Feb 15
Mar 15 Feb 15
Mar 15
Apr 15
May 15 Apr 15
May 15
June 15
July 15
Aug 15 June 15
July 15
Aug 15
Sept 15
Oct 15
Nov 15 Sept 15
Oct 15
Nov 15
Facility Usage By The Hour NOV 15 FYTD 16 NOV 14 FYTD 15
Open Gym 432 1,843.75 415 2,016.5
Fitness Classes 30.5 177 35.75 207.75
Leagues 29 319 45 191
Camps 0 860 0 731.5
Sports Classes 14.5 38.5 15 96.5
Meetings & Rentals 12.5 96 40 153
Enrichment Classes 3.5 7.5 2 4
Total Facility Usage Hours 522 3,341.75 552.75 3,400.25
Daily Program Attendance** NOV 15 FYTD 16 NOV 14 FYTD 15
Total 2,243 16,628 3,634 13,352
Open Gym 510 1,633 610 1,881
Fitness Classes 207 1,149 236 1,353
Leagues 1,293 11,442 730 4,640
Camps 0 1,086 0 1,141
Sports Classes 130 219 193 923
Meetings & Rentals 89 1,071 1,854 3,395
Enrichment Classes 10 28 11 19
Since our opening in late April 2008, we have had 402,955 guests at the John W. Pitts Recreation Center.
November Open Gym Registrations and Packages Sold
Packages Sold: NOV MTD YTD FYTD
Daily: 14 $42 42 $126
Individual Quarterly: 0 0 2 $45
Individual Annual: 0 $0 0 $0
Family Quarterly: 0 $0 0 $0
Family Annual: 0 $0_ 0 __ $0_
Revenue: $42 $171
Page 329
CITY OF DOVER
FINANCE AND PROCUREMENT & INVENTORY DEPARTMENTS
NOVEMBER 2015 - MONTHLY BUDGET REPORTS
PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE OPERATING
FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO
CONTACT THE FINANCE DEPARTMENT.
Page 330
CITY OF DOVER
ACTIVITY REPORTS
NOVEMBER 2015
FINANCE DEPARTMENT ACTIVITY LEVELS
FY15 YTD FY16 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 2,962 3,010
Total Amount of All Deposits $ 56,831,469 $ 63,242,717
PAYROLL
Hours % Amount Hours % Amount
Gross wages per registers 372,047 100.0% $ 8,787,307 386,995 100.0% $ 9,166,706
Wages and Hours Worked
Regular 298,808 80.3% $ 6,540,044 309,996 80.1% $ 6,770,303
All over time 14,180 3.8% $ 586,257 16,009 4.1% $ 690,469
Other Paid or Unpaid Wages and Hours
Vacation 22,139 6.0% $ 593,827 21,246 5.5% $ 582,729
Sick 8,843 2.4% $ 223,913 6,785 1.8% $ 166,984
Terminal Leave - Retiree Vacation/Sick Payout 14,689 3.9% $ 474,818 14,355 3.7% $ 457,590
Comp Time 3,763 1.0% $ 106,257 3,135 0.8% $ 91,176
Personal 590 0.2% $ 17,750 468 0.1% $ 14,625
Leave Without Pay 1,593 0.4% $ - 2,553 0.7% $ -
Other (description below) 7,454 2.0% $ 244,442 12,451 3.2% $ 397,760
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation tracking/adjustments, etc.
Other Activity
Number of Pay Periods 11 11
Number of Payroll Checks & Direct Deposits Issued 4,067 4,270
Number of Pension Checks Issued 1,268 1,266
Total Pension Benefits Paid - Defined Benefit Plan $ 2,164,932 $ 2,176,130
ACCOUNTS PAYABLE
Number of Check Vouchers 2,498 2,500
Number of EFT Vouchers 989 1,011
Vouchers Dollar Amount Disbursed $ 30,946,236 $ 31,907,461
PROCUREMENT & INVENTORY ACTIVITY LEVELS
Contingency & Warehouse Stock
$2,800,000
$2,700,000
$2,600,000
Total Dollar Value
$2,500,000
$2,400,000
$2,300,000
$2,200,000
$2,100,000
$2,000,000
Value: $2,608,186.35 Line Items: 1421
Fuel Use
Unleaded: 9,275.5 gallons
Diesel: 6,377.4 gallons
Total Cost: $ 25,179.44
Page 331
City of Dover
Finance Department
Monthly Report – November 2015
General Fund Summary
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance $ 3,977,500 $ 3,977,500 $ - $ 3,977,500 0.0%
Revenues
Court of Chancery Fees 1,065,100 1,065,100 274,440 790,660 25.8%
Police Extra Duty, Fines & Revenue 1,235,300 1,235,300 486,024 749,276 39.3%
Franchise Fees 672,300 672,300 168,572 503,728 25.1%
Grants 623,500 623,500 - 623,500 0.0%
Intrafund Services 5,231,200 5,231,200 2,003,206 3,227,994 38.3%
Library & Recreation Revenues 671,000 671,000 267,967 403,033 39.9%
Licenses & Permits 2,861,300 2,861,300 1,996,332 864,968 69.8%
Property Taxes (Includes BID Revenue) (1) 12,894,200 12,894,200 12,457,686 436,514 96.6%
Miscellaneous Revenues 57,700 57,700 45,290 12,410 78.5%
Sanitation Revenues 2,580,000 2,580,000 1,061,210 1,518,790 41.1%
Garrison Farm Rent Revenue 93,700 93,700 62,744 30,956 67.0%
Transfers-In from Special Funds & Utilities
Municipal Street Aid Fund 564,200 564,200 168,317 395,883 29.8%
Civil Traffic Penalties 450,000 450,000 187,056 262,944 41.6%
Transfer Taxes 1,340,000 1,340,000 1,146,621 193,379 85.6%
Verizon & Other Reserves 63,200 63,200 - 63,200 0.0%
Police Grants/Extra Duty 74,400 74,400 27,025 47,375 36.3%
Water/Wastewater Fund 850,000 850,000 354,166 495,834 41.7%
Electric Fund 10,000,000 10,000,000 4,166,666 5,833,334 41.7%
Total Revenues 41,327,100 41,327,100 24,873,322 16,453,778 60.2%
Total Beginning Balance & Revenues $ 45,304,600 $ 45,304,600 $ 24,873,322 $ 20,431,278 54.9%
Expenditures
City Clerk & Council $ 501,500 $ 505,000 $ 192,960 $ 312,040 38.2%
Mayor, City Manager & Human Resources 1,210,300 1,222,700 500,816 721,884 41.0%
Police & Police Extra Duty 15,761,400 15,913,900 6,270,826 9,643,074 39.4%
Public Services 4,669,500 4,691,400 1,805,525 2,885,875 38.5%
Engineering 181,400 181,400 34,595 146,805 19.1%
Procurement & Inventory, Facilities Mgmt., Fleet Maint. 2,036,200 2,050,000 808,057 1,241,943 39.4%
Planning, Inspections, Life Safety, Code Enf., & Economic Dev. 2,338,300 2,349,700 914,174 1,435,526 38.9%
Finance, Info Tech & Customer Services 2,807,800 2,824,900 1,165,463 1,659,437 41.3%
Library & Recreation 2,239,500 2,250,900 900,338 1,350,562 40.0%
Fire Department 745,400 745,400 333,832 411,568 44.8%
Assessor 234,800 238,000 104,647 133,353 44.0%
Contribution to DDP 70,000 70,000 17,500 52,500 25.0%
Miscellaneous Grant Expense 25,000 25,000 - 25,000 0.0%
Other Employment Expenses 520,100 272,900 - 272,900 0.0%
Bank & CC Fees 10,600 10,600 6,759 3,841 63.8%
Insurance 690,000 690,000 168,675 521,325 24.4%
OPEB - Retiree’s Health Care Contribution 1,895,600 1,895,600 789,835 1,105,765 41.7%
Police Pension Trust Contribution - State Grant 500,000 500,000 - 500,000 0.0%
Appropriation to Police Pension Fund 570,000 570,000 237,500 332,500 41.7%
Street Lights 797,700 797,700 337,584 460,116 42.3%
Debt Service 660,800 660,800 414,217 246,583 62.7%
Transfers Out
Inventory Write-offs 10,000 10,000 10,000 - 100.0%
Capital Projects Fund 2,625,400 2,625,400 1,312,700 1,312,700 50.0%
Verizon Reserve 50,000 50,000 - 50,000 0.0%
Uncollectibles: Trash & Other 50,000 50,000 50,000 - 100.0%
Total Expenditures 41,201,300 41,201,300 16,376,003 24,825,297 39.7%
Budget Balance - Working Capital 4,103,300 4,103,300 - 4,103,300 0.0%
Total Budget Balance & Expenditures $ 45,304,600 $ 45,304,600 $ 16,376,003 $ 28,928,597 36.1%
Reserve Balances
Contingency $ 720,300 $ 720,300 $ 723,365
(1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 11/30/15 is $420,566
as compared to $413,872 in November 2014.
Page 332
City of Dover
Finance Department
Monthly Report – November 2015
Water/Wastewater Fund Summary
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 861,600 $ 861,600 $ - $ 861,600 0.0%
Beginning Balance - Wastewater 293,400 293,400 - 293,400 0.0%
1,155,000 1,155,000 - 1,155,000 0.0%
Revenues
Water Fees 6,200,000 6,200,000 2,444,929 3,755,071 39.4%
Wastewater Fees 3,728,000 3,728,000 1,680,765 2,047,235 45.1%
Wastewater Treatment Services 3,026,500 3,026,500 1,327,679 1,698,821 43.9%
Groundwater Inflow Adjustment 1,864,300 1,864,300 849,458 1,014,842 45.6%
Water Tank Space Leases 341,900 341,900 111,409 230,491 32.6%
Miscellaneous Service Fee 67,000 67,000 27,213 39,787 40.6%
Impact Fees - Water 250,000 250,000 107,472 142,528 43.0%
Impact Fees - Wastewater 250,000 250,000 95,338 154,662 38.1%
Total Revenues 15,727,700 15,727,700 6,644,263 9,083,437 42.2%
Total Beginning Balance & Revenues $ 16,882,700 $ 16,882,700 $ 6,644,263 $ 10,238,437 39.4%
Expenses
Water/Wastewater Operating Divisions
Engineering & Inspection $ 517,500 $ 521,200 $ 193,706 $ 327,494 37.2%
Water Department 673,300 677,600 265,050 412,550 39.1%
Water Treatment Plant 1,910,000 1,917,300 636,433 1,280,867 33.2%
Wastewater Department 968,600 968,600 325,113 643,487 33.6%
Kent County Treatment Charge 4,130,000 4,130,000 1,646,904 2,483,096 39.9%
Intrafund Service Fees 1,492,700 1,492,700 561,245 931,455 37.6%
Retiree's Health Care 178,600 178,600 74,415 104,185 41.7%
Debt Service 1,132,100 1,132,100 523,745 608,355 46.3%
Other Employment Expenses 20,000 4,700 - 4,700 0.0%
Bank & CC Fees 46,200 46,200 9,682 36,518 21.0%
Transfers Out
General Fund 850,000 850,000 354,166 495,834 41.7%
Contingency Reserve 32,000 32,000 - 32,000 0.0%
Water I & E Fund 1,800,000 1,800,000 900,000 900,000 50.0%
Wastewater I & E Fund 1,500,000 1,500,000 750,000 750,000 50.0%
Total Expenses 15,251,000 15,251,000 6,240,459 9,010,541 40.9%
Budget Balances
Budget Balance - Working Capital - Water 1,048,600 1,048,600 - 1,048,600 0.0%
Budget Balance - Working Capital - WW 583,100 583,100 - 583,100 0.0%
Total Budget Balances 1,631,700 1,631,700 - 1,631,700 0.0%
Total Budget Balances & Expenses $ 16,882,700 $ 16,882,700 $ 6,240,459 $ 10,642,241 37.0%
Reserve Balances
Contingency-Water $ 137,700 $ 137,700 $ 105,631
Contingency-Wastewater $ 191,100 $ 191,100 $ 191,009
Impact Fee Reserve - Water $ 202,000 $ 202,000 $ 429,322
Impact Fee Reserve - Sewer $ 1,309,500 $ 1,309,500 $ 1,749,984
Bond Coverage Ratio (Covenant 1.20) 4.30 4.30 5.53
Page 333
City of Dover
Finance Department
Monthly Report – November 2015
Electric Revenue Fund Summary
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance $ 6,177,600 $ 6,177,600 $ - $ 6,177,600 0.0%
Revenues
Direct Sales to Customers 78,279,200 78,279,200 35,478,110 42,801,090 45.3%
Utility Tax 1,281,100 1,281,100 594,324 686,776 46.4%
Weyandt Hall Rents 202,600 202,600 48,855 153,745 24.1%
Miscellaneous Revenues 725,200 725,200 491,123 234,077 67.7%
Interest Earnings 47,900 47,900 9,253 38,647 19.3%
Transfer from Rate Stabilization 3,000,000 3,000,000 750,000 2,250,000 25.0%
Total Revenues 83,536,000 83,536,000 37,371,665 46,164,335 44.7%
Total Beginning Balance & Revenues $ 89,713,600 $ 89,713,600 $ 37,371,665 $ 52,341,935 41.7%
Expenses
Power Supply & Generation
Hedged Energy $ 23,402,600 $ 23,402,600 $ 10,835,104 $ 12,567,496 46.3%
Power Supply Management 996,000 996,000 415,000 581,000 41.7%
Capacity Charges 10,225,100 10,225,100 4,404,432 5,820,668 43.1%
Dover Sun Park Energy 2,313,900 2,313,900 886,652 1,427,248 38.3%
Renewal Energy Credits (Incl. Solar) 1,036,800 1,036,800 156,318 880,482 15.1%
RGGI 175,000 175,000 - 175,000 0.0%
PJM Charges - Energy 7,966,100 7,966,100 1,228,213 6,737,887 15.4%
PJM Charges - Transmission & Fees 7,932,500 7,932,500 2,549,011 5,383,489 32.1%
Total Power Supply 54,048,000 54,048,000 20,474,730 33,573,270 37.9%
Plant Operations 6,434,600 6,382,900 2,406,827 3,976,073 37.7%
Generation Fuels 1,167,300 1,167,300 553,810 613,490 47.4%
Capacity Credits (10,472,100) (10,472,100) (3,889,531) (6,582,569) 37.1%
PJM Spot Market Energy (1,708,300) (1,708,300) (664,214) (1,044,086) 38.9%
PJM Credits (360,000) (360,000) (308,353) (51,647) 85.7%
Total Generation (4,938,500) (4,990,200) (1,901,461) (3,088,739) 38.1%
Total Power Supply & Generation 49,109,500 49,057,800 18,573,269 30,484,531 37.9%
Electric Operating Divisions:
Transmission/Distribution 4,068,600 4,084,700 1,487,281 2,597,419 36.4%
Electrical Engineering 1,335,800 1,338,900 465,350 873,550 34.8%
Administration 839,300 890,500 269,166 621,334 30.2%
Meter Reading 360,500 362,300 161,590 200,710 44.6%
Systems Operations 679,800 687,700 269,594 418,106 39.2%
Intrafund Services 3,738,500 3,738,500 1,441,961 2,296,539 38.6%
Utility Tax 1,281,100 1,281,100 594,324 686,776 46.4%
OPEB Trust Contribution - Unfunded Liability 1,030,000 1,030,000 - 1,030,000 0.0%
Retirees Health Care 537,800 537,800 224,085 313,715 41.7%
Interest on Deposits 20,500 20,500 7,892 12,608 38.5%
Green Energy Payment to DEMEC 128,000 128,000 57,857 70,143 45.2%
Accounts Receivable Write-Offs 200,000 200,000 200,000 - 100.0%
Other Employee Expenses 72,000 43,600 - 43,600 0.0%
Bank & CC Fees 242,300 242,300 114,228 128,072 47.1%
Debt Service 3,402,000 3,402,000 2,649,984 752,016 77.9%
Transfers Out:
General Fund 10,000,000 10,000,000 4,166,666 5,833,334 41.7%
Electric Improvement & Extension Fund 3,500,000 3,500,000 875,000 2,625,000 25.0%
Transfer to Insurance Reserve 10,000 10,000 - 10,000 0.0%
Transfer to Contingency Reserve 13,000 13,000 - 13,000 0.0%
Total Expenses 80,568,700 80,568,700 31,558,247 49,010,453 39.2%
Budget Balance - Working Capital 9,144,900 9,144,900 - 9,144,900 0.0%
Total Budget Balance & Expenses $ 89,713,600 $ 89,713,600 $ 31,558,247 $ 58,155,353 35.2%
Reserve Balances
Contingency Reserve $ 844,600 $ 844,600 $ 826,139
Insurance Reserve $ 758,700 $ 758,700 $ 743,758
Rate Stabilization Reserve $ 4,602,600 $ 4,602,600 $ 6,784,722
Bond Coverage Ratio (Covenant 1.25) 2.62 2.62 6.20
Megawatt Hours Sold & Purchased
Sales to Customers MWh (excluding Street Light MWh) 712,390 712,390 322,780 45.3%
Sales per MWh $ 109.88 $ 109.88 $ 109.91 100.0%
Purchased/Generated MWh 741,522 741,522 328,761 44.3%
All In MWh Supply & Generation $ 66.23 $ 66.23 $ 56.49 85.3%
Page 334
City of Dover
Finance Department
Monthly Report – November 2015
General Capital Project Fund Summary
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance - Projects $ 154,800 $ 2,732,300 $ - $ 2,732,300 0.0%
Revenues
State Grant - Other - - 41,454 (41,454) 0.0%
Interest Earnings 5,000 5,000 1,336 3,664 26.7%
Income from Sale of Assets 20,300 51,900 5,665 46,235 10.9%
Transfer from General Fund for Projects 2,625,400 2,625,400 1,312,700 1,312,700 50.0%
Total Revenues 2,650,700 2,682,300 1,361,155 1,321,145 50.7%
Total Beginning Balance & Revenue $ 2,805,500 $ 5,414,600 $ 1,361,155 $ 4,053,445 25.1%
Expenditures
Fire $ 145,600 $ 445,800 $ 445,594 $ 206 100.0%
Grounds Maintenance 201,100 201,100 - 201,100 0.0%
Life Safety 55,700 55,700 55,479 221 99.6%
Police 262,100 280,700 206,102 74,598 73.4%
Streets 1,428,500 3,652,800 789,539 2,863,261 21.6%
Sanitation 449,000 449,000 - 449,000 0.0%
City Manager 24,700 24,700 - 24,700 0.0%
Fleet Maintenance 84,000 84,000 - 84,000 0.0%
Bank Fees - - 217 (217) 0.0%
Total Expenditures 2,650,700 5,259,800 1,496,931 3,762,869 28.5%
Budget Balance - Projects 154,800 154,800 - 154,800 0.0%
Total Budget Balance & Expenditures $ 2,805,500 $ 5,414,600 $ 1,496,931 $ 3,917,669 27.6%
Reserve Balances
Capital Asset Replacement Reserve $ 916,500 $ 916,500 $ 918,956
Parkland/Recreation $ 296,700 $ 296,700 $ 322,146
Page 335
City of Dover
Finance Department
Monthly Report – November 2015
Water/Wastewater Improvement & Extension Fund Summary
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 833,500 $ 4,747,500 $ - $ 4,747,500 0.0%
Beginning Balance - Wastewater $ 1,027,600 $ 4,504,600 $ - $ 4,504,600 0.0%
Revenues
Miscellaneous Revenues - 20,200 61,432 (41,232) 304.1%
Interest Earnings 25,000 25,000 31,638 (6,638) 126.6%
Transfer from Operating Fund for Water 1,800,000 1,800,000 900,000 900,000 50.0%
Transfer from Operating Fund for Wastewater 1,500,000 1,500,000 750,000 750,000 50.0%
Transfer from Impact Fee Reserve - Wastewater 165,000 165,000 - 165,000 0.0%
Total Revenues 3,490,000 3,510,200 1,743,070 1,767,130 49.7%
Total Beginning Balance & Revenues $ 5,351,100 $ 12,762,300 $ 1,743,070 $ 11,019,230 13.7%
Expenses
Water $ 2,028,600 $ 5,442,600 $ 1,358,792 $ 4,083,808 25.0%
Wastewater 1,822,100 5,299,100 861,506 4,437,594 16.3%
Bank Fees - - 1,423 (1,423) 0.0%
Total Expenses 3,850,700 11,026,100 2,221,721 8,804,379 20.1%
Budget Balance - Working Capital - Water 617,400 773,400 - 773,400 0.0%
Budget Balance - Working Capital - Wastewater 883,000 962,800 - 962,800 0.0%
Total Budget Balances 1,500,400 1,736,200 - 1,736,200 0.0%
Total Budget Balances & Expenses $ 5,351,100 $ 12,762,300 $ 2,221,721 $ 10,540,579 17.4%
Reserve Balances
Capital Asset Replacement - Water $ 518,500 $ 518,300 $ 512,830
Capital Asset Replacement - Wastewater $ 515,200 $ 512,700 $ 511,657
Page 336
City of Dover
Finance Department
Monthly Report – November 2015
Electric Improvement & Extension Fund Summary
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance $ 3,623,600 $ 6,684,100 $ - $ 6,684,100 0.0%
Revenues
Interest Earnings 26,700 26,700 21,981 4,719 82.3%
Bond Proceeds - - 2,108,003 (2,108,003) 0.0%
Transfer from Electric Revenue Fund 3,500,000 3,500,000 875,000 2,625,000 25.0%
General Service Billing 1,900,000 1,900,000 178,474 1,721,526 9.4%
Total Revenues 5,426,700 5,426,700 3,183,458 2,243,242 58.7%
Total Beginning Balance & Revenues $ 9,050,300 $ 12,110,800 $ 3,183,458 $ 8,927,342 26.3%
Expenses
Electric Generation $ 1,655,000 $ 2,299,800 $ 424,334 $ 1,875,466 18.5%
Transmission/Distribution 2,887,600 3,602,900 505,782 3,097,118 14.0%
Electrical Engineering 1,724,300 3,401,700 427,988 2,973,712 12.6%
Meter Reading - 23,000 - 23,000 0.0%
Bank & CC Fees - - 3,819 (3,819) 0.0%
Total Expenses 6,266,900 9,327,400 1,361,923 7,965,477 14.6%
Budget Balance - Working Capital (Unaudited) 2,783,400 2,783,400 - 2,783,400 0.0%
Total Budget Balance & Expenses $ 9,050,300 $ 12,110,800 $ 1,361,923 $ 10,748,877 11.2%
Reserve Balances
Depreciation Reserve $ 10,066,400 $ 10,066,400 $ 9,999,772
Future Capacity Reserve $ 10,218,000 $ 10,218,000 $ 10,150,429
City of Dover
Finance Department
Monthly Report – November 2015
Community Transportation Improvement Fund
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance $ 144,000 $ 512,900 $ - $ 512,900 0.0%
Revenues
Grants Revenue 500,000 500,000 47,940 452,060 9.6%
Interest Earned 500 500 41 459 8.2%
Total Revenues 500,500 500,500 47,981 452,519 9.6%
Total Beginning Balance & Revenues $ 644,500 $ 1,013,400 $ 47,981 $ 965,419 4.7%
Expenses
Program Expenses - Del Dot $ 644,000 $ 1,012,900 $ 190,983 $ 821,917 18.9%
Total Expenses 644,000 1,012,900 190,983 821,917 18.9%
Budget Balance - Working Capital 500 500 - 500 0.0%
Total Budget Balances & Expenses $ 644,500 $ 1,013,400 $ 190,983 $ 822,417 18.8%
Page 337
City of Dover
Finance Department
Monthly Report – November 2015
Police Grant Funds
Revised 42%
Budget Budget YTD Balance Budget
Beginning Balance $ 125,000 $ 125,000 $ - $ 125,000 0.0%
Revenues
State & Federal Grants Received 527,300 527,300 158,788 368,512 30.1%
Interest Earnings