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REGULAR COUNCIL MEETING
AGENDA
SEPTEMBER 28, 2015 - 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 COLE
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 SEPTEMBER 14, 2015
* B. REGULAR COUNCIL MEETING OF SEPTEMBER 14, 2015
C. SPECIAL COUNCIL MEETING OF SEPTEMBER 16, 2015
2. PROCLAMATIONS
A. CYBER SECURITY AWARENESS MONTH
B. FIRE PREVENTION WEEK
C. NATIONAL COMMUNITY PLANNING MONTH
D. HALLOWEEN TRICK-OR-TREAT
3. RESOLUTION NO. 2015-14 IN SUPPORT OF DELAWARE LAND AND WATER CONSERVATION
TRUST FUND (DTF) PARK GRANT APPLICATION - MALLARD POND PLAYGROUND
(STAFF RECOMMENDS ADOPTION OF RESOLUTION NO. 2015-14)
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COUNCIL AGENDA - SEPTEMBER 28, 2015 PAGE 2
* 4. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
SEPTEMBER 14, 2015
A. REVIEW OF ACTIVE RECREATION AREA PLAN - BLUE HEN APARTMENTS PHASE 2
(PLANNING REFERENCE: S-15-12)
(COMMITTEE RECOMMENDED APPROVAL OF THE ACTIVE RECREATION AREA PLAN WITH
THE COMMENTS AND CONDITIONS PROVIDED BY STAFF)
B. STRATEGIC PLANNING AND GOAL SETTING (RESTORING CENTRAL DOVER STRATEGIC
PLAN)
(COMMITTEE ACTION NOT REQUIRED)
C. UPDATE ON LINCOLN PARK WALK THROUGH
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE REPORT)
* 5. UTILITY COMMITTEE REPORT - SEPTEMBER 14, 2015
A. ANNEXATION REQUEST - EASTERLY SIDE OF NIXON LANE AND 121 ACORN LANE,
OWNED BY PAUL C. PHILLIPS AND THERESA HOSHUE
(TAX PARCELS: ED-00-068.19-01-25.00-000 (LOT 1) AND ED-00-068.19-01-25.01-000 (LOT 2); COUNCIL
DISTRICT: 3; PLANNING REFERENCE: AX-15-01)
(COMMITTEE RECOMMENDED THAT THE CITY PROCEED WITH ANNEXATION OF THE
SUBJECT PROPERTIES)
B. EVALUATION OF PROPOSALS - NORTH AMERICAN ELECTRIC RELIABILITY
CORPORATION (NERC)/RELIABILITY FIRST CORPORATION (RFC) SUPPORT AND
INTERNAL AUDIT REVIEW (RFP 15-0032EL)
(COMMITTEE RECOMMENDED AWARDING THE CONTRACT TO NAES CORPORATION IN AN
AMOUNT NOT TO EXCEED $116,285)
C. OVERVIEW OF HEDGE PROGRAM
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE OVERVIEW OF THE HEDGE PROGRAM)
D. TEA/NAES REPORT (JULY)
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE REPORT)
E. UPDATES
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE REPORT)
6. CRITICAL REPAIRS
A. U.S. 13 EAST PUMP STATION #7 - SOLE SOURCE VENDOR
(STAFF RECOMMENDS AUTHORIZING THE NECESSARY REPAIRS TO BE INSTALLED BY
FREEMIRE & ASSOCIATES, INC. IN THE ESTIMATED AMOUNT OF $96,880)
B. VANSANT EXHAUST PLENUM (CONSIDERED DURING THE UTILITY COMMITTEE MEETING
EARLIER IN THE EVENING)
(STAFF RECOMMENDS DELAYING INSPECTION AND REPAIRS ON THE UNIT #3 COOLING
WATER LINE AND FUNDING THE CRITICAL REPAIRS NEEDED ON THE VANSANT EXHAUST
PLENUM, TRANSITION PIECE, AND EXPANSION JOINT IN ACCORDANCE WITH THE
COMPLETION DATE OF JUNE 1, 2016)
7. 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 September 14, 2015 at 6:01 p.m. with Council President
Slavin presiding. Members present were Mr. Anderson, Mr. Cole, Mr. Hare, Mr. Hosfelt,
Mr. Hutchison, Mr. Lewis (arrived at 6:56 p.m.), and Mr. Neil. Mr. Sudler was absent.
Council staff members present were Mr. Koenig, Mr. Hudson, Mrs. Mitchell, Mrs. Townshend, and
Mrs. McDowell. Mayor Christiansen was also present.
ADOPTION OF AGENDA
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Anderson and
unanimously carried.
Mr. Hare moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(2) -
Preliminary discussions on site acquisitions for any publicly funded capital improvements, or
sales or leases of real property and §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.
The motion was seconded by Mr. Hosfelt and unanimously carried.
The Special Meeting recessed at 6:01 p.m.
Mr. Hutchison moved to adjourn the executive session, seconded by Mr. Hare and
unanimously carried (Lewis and Sudler absent).
Executive Session adjourned at 6:56 p.m.
POTENTIAL ACTION - LAND ACQUISITION
During the Executive Session, Mr. Scott Koenig, City Manager, advised members of a potential land
acquisition of four (4) properties.
Mr. Koenig requested authorization to finalize a sale agreement with the House of Pride for a total
amount of $237,100 to secure the four (4) properties, as follows: 105 South New Street - $117,900
(assessed value); 115 South New Street - $119,200 (assessed value); 106 South New Street - donated
to the City of Dover in exchange for expungement of a lien in the amount of $21,360.09; and
110 South New Street - donated to the City of Dover in exchange for expungement of a lien in the
amount of $37,766.25. He advised that he would provide the sale agreement to Apostle Marion Lott
of the House of Pride the following day and the agreement would be completed once the tenants have
vacated the property, noting that they must be given a 60-day notice to move. Mr. Koenig stated that
once the properties are purchased, Staff would move immediately to asbestos abatement and
demolition of the structures.
Mr. Hare moved to authorize the City Manager to proceed with the purchase of the four (4)
properties discussed, seconded by Mr. Hutchison.
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SPECIAL COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 2
Mr. Anderson noted that the motion did not address where the money would come from.
Responding, Mr. Koenig explained that this matter would come back before Council as budget
amendments.
Mr. Hare asked for the motion to be amended to reflect that this matter would come back before
Council as budget amendments and Mr. Hutchison agreed to the amendment.
Mr. Slavin stated that the motion, as amended, was to authorize the City Manager to proceed with
the purchase of the four (4) properties discussed and come back with budget amendments.
The motion to authorize the City Manager to proceed with the purchase of the four (4)
properties discussed and come back to City Council with budget amendments was
unanimously carried (Sudler absent).
Mr. Hutchison moved for adjournment, seconded by Mr. Anderson and unanimously carried
(Sudler absent).
The Special Meeting adjourned at 6:58 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of September 14, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 14, 2015 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Hosfelt, Mr. Hare, and Mr. Hutchison (departed at 7:38 p.m. and returned at 7:46 p.m.).
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend,
Mr. Koenig, Deputy City Solicitor Pepper, and Mrs. McDowell. Fire Chief Hall was absent.
Mayor Christiansen was also present (departed at 7:38 p.m. and returned at 7:41 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Enrico Stratton Bey stated that he was a concerned citizen and indicated his belief that the
community is afraid to speak to the City Council. Mr. Bey suggested that elected officials should
be meeting with people face-to-face to find out what can be done to help the community and what
is keeping them from being forthcoming with the issues that need to be addressed in the community.
Mr. Douglas Wade Beatty, 50 North Draper Circle, Magnolia, Delaware, requested that the incident
on Washington Street be further investigated and that the 911 tape be reviewed again. He stated that
credibility in the community starts with telling truth in the community.
Mr. EShed Alston stated that, on August 31, 2015, he filed a document with the City entitled
“Citizen’s Coalition of Constructive Change Memorandum of Record” and he has not received a
response from the City of Dover. He referenced several recent police-involved incidents which
identify a city that does not care about it’s citizens and indicated that there is corruption in the City
of Dover.
Mr. Ken Abraham stated that he works part-time at Dover Interfaith Mission for the Homeless
counseling many of the men in the work reentry program. He noted that he has been advised that
the City has clamped down on the homeless sleeping in the parks and camping in the City limits.
Mr. Abraham stated that he understands the City’s concerns; however, he requested that the City
consider creating a space within the City limits, maybe even with port-a-potties, where these people
can camp at night. He stated that the Interfaith Mission welcomes conversation on the issue.
The invocation was given by Chaplain Wallace R. Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Sudler and unanimously
carried.
Mr. Hare moved for approval of the Consent Agenda, seconded by Mr. Hosfelt and carried
by a unanimous roll call vote.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 2
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 24, 2015
The Minutes of the Regular Council Meeting of August 24, 2015 were unanimously approved
by motion of Mr. Hare, seconded by Mr. Hosfelt and bore the written approval of
Mayor Christiansen.
RESOLUTION NO. 2015-13 - PRESENTATION - CITY OF DOVER BRONZE MEDAL -
PATROLMAN FIRST CLASS JAMES JOHNSON
The City Clerk read the following Resolution into the record:
WHEREAS, on June 29, 2015, Patrolman First Class James Johnson responded to a call to the
Dover Police Department about a subject not breathing and cardiopulmonary resuscitation was being
attempted. Upon arrival at the scene, Patrolman First Class James Johnson found a young child lying
on his bedroom floor not breathing and immediately began to perform chest compressions and
attached the child’s oxygen supply, which enabled him to begin breathing; and
WHEREAS, the child’s nurse at Alfred I. DuPont Hospital for Children stated that the child’s
condition was life threatening and the heroic actions of Patrolman First Class Johnson saved the
young child’s life and prevented what could have been a tragic day.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that due to the
actions of Patrolman First Class James Johnson on June 29, 2015, the life of a child was saved, and
in recognition of his exemplary conduct, the Mayor and Council award Patrolman First Class
James Johnson with a City of Dover Bronze Medal and direct the City Clerk to make this Resolution
a part of the permanent records of the City of Dover.
ADOPTED: SEPTEMBER 14, 2015
Mr. Hare moved for adoption of Resolution No. 2015-13, seconded by Mr. Hutchison and
unanimously carried.
Mayor Christiansen presented a City of Dover Bronze Medal and the Resolution to Patrolman First
Class James Johnson.
DOVER HUMAN RELATIONS COMMISSION REPORT - MAY 27, 2015
The Dover Human Relations Commission met on May 27, 2015 with Vice Chairman
McGiffin presiding.
Election of Commission Chair
Mr. McGiffin advised members that Chairman Cecil Wilson had resigned from the
DHRC and it would be necessary to elect a new Chair.
Mr. McGiffin moved to nominate Ms. Smith to serve as Chair, seconded by
Mr. Ruane and unanimously carried.
Mr. Henderson moved to close nominations, seconded by Mr. Ruane and
unanimously carried.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 3
By unanimous consent, Ms. Smith was elected to serve as Chair of the DHRC.
Ms. Smith expressed her appreciation for being entrusted with the role of DHRC
Chair and stated that she would do her best to serve members and the community
with integrity and ensure that every voice is heard.
Mr. McGiffin indicated that he would be happy to continue to serve as Vice
Chairman.
Discussion - Recent Events Involving the Dover Police Department
Maj. Marvin Mailey, Deputy Chief of Police, advised members that a couple of
weeks ago a video was released of an arrest made by Officer James Webster on
August 24, 2013. Maj. Mailey indicated that a Use of Force Report is generated
anytime an officer uses force during the course of an arrest and the City of Dover
Police Department had been in possession of the videotape since the onset of this
report. He advised members that at the time of the incident, Mr. James Hosfelt was
serving as Chief of Police, current Police Chief Paul Bernat was a Major in the
Department, and Maj. Mailey had been working in the Department’s Internal Affairs
Division. Maj. Mailey explained that he had done the investigation himself and,
although the details of the investigation were protected under the Law-Enforcement
Officers’ Bill of Rights, it was found that Officer Webster had violated policy. He
was punished appropriately and was suspended for an undisclosed length of time.
Maj. Mailey stated that Officer Webster was retrained and put back to work as part
of the closure of the investigation.
Maj. Mailey stated that when the incident was being investigated in 2013, the
videotape was shown to the State Attorney General's Office, who presented it to a
grand jury. The grand jury elected not to charge Officer Webster at that time. It was
also presented to the U. S. Department of Justice (DOJ) in Wilmington, where it was
reviewed. No wrongdoing was seen and no charges were pursued. Maj. Mailey
assured members that all of the information that the Dover Police Department could
provide from a prosecutable standpoint, as far as their investigation, was provided
because the Department investigated the incident criminally as well as internally. He
explained that an internal investigation is separate from a criminal investigation.
During an internal investigation, an officer is compelled to answer questions that they
would not normally answer during a criminal investigation since they would be
invoking their Fifth Amendment right. Maj. Mailey stated that the U.S. Department
of Justice passed on prosecuting the case and Officer Webster returned to work.
Maj. Mailey advised members that this matter was brought to light again when a law
suit was subsequently filed by Mr. Latif Dickerson and the American Civil Liberties
Union (ACLU) became heavily involved. During the course of this civil suit, the
videotape was deemed non-confidential by the judge. Maj. Mailey stated that it
became evident that the video was going to be released at some point, and the City
reached an impasse in negotiations with the ACLU as to how and when this would
occur. He explained that the ACLU was threatening to release it before the City
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 4
could prepare residents for what might happen. Maj. Mailey noted that it was desired
to avoid, in Dover, events similar to those that had recently occurred in Ferguson,
Missouri; Baltimore, Maryland; and all across the United States.
Maj. Mailey explained that the City contacted and met with the National Association
for the Advancement of Colored People (NAACP), showed them the videotape, and
informed them that the City was aware of the event. It was explained that the Police
Department had investigated the incident and posed it to two (2) individual law
enforcement agencies, the DOJ and the State Attorney General’s Office, who passed
on prosecution. Maj. Mailey stated that the NAACP was advised that the City did
not try to hide the incident and acknowledged that what Officer Webster had done
was wrong and his actions were not condoned in Dover. Maj. Mailey indicated that
the City made the NAACP aware of everything that potentially could come out of
this videotape.
Maj. Mailey advised members that the NAACP had questions which the City
answered, and the City and the NAACP worked together to a point. He stated that
Mr. Lamar Gunn, President of the local chapter of the NAACP, did not want the City
to release the videotape because he feared backlash in the community in the way of
protests, demonstrations, and destruction of property, which Maj. Mailey stated did
not occur. He indicated that people in the community were not happy about it, as
reflected in posts on the internet and the Police Department’s website as well as calls
made to the Police Department; however, they were not upset to the point of rioting
or demonstrating. Maj. Mailey indicated his belief that this was because there had
been closure to what happened, noting that the Attorney General’s Office reopened
the investigation, the videotape was shown to another grand jury, and Officer
Webster was charged. Maj. Mailey stated his understanding that Officer Webster’s
trial date would be coming up on May 28, 2015, noting that he was currently
suspended without pay from the Dover Police Department pending the criminal case.
Maj. Mailey stated that the Dover Police Department’s investigation had been
completed in 2014 when the case was referred to the two (2) agencies and discipline
was imposed.
Responding to Ms. Smith, Maj. Mailey stated his belief that the reason this issue
resurfaced was due to the civil lawsuit filed by Mr. Dickerson, noting that the
possibility of the videotape being released probably contributed.
For clarification, Mr. McGiffin explained that on the criminal side of the law, the
Dover Police Department went to the State prosecuting authority, who initially
determined to take no action. The Federal prosecuting authority also investigated and
decided to take no action. The new State Attorney General then decided to take
another look at it and, this time, the State decided to take prosecutorial action, all of
which was on the criminal side of the law. On the civil side of the law,
Mr. Dickerson and the ACLU of Delaware decided to take civil action.
Mr. McGiffin informed members that there were two (2) different cases on two (2)
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 5
different tracks; the government deals with the criminal track, but the civil track is
handled by Mr. Dickerson or the ACLU on his behalf.
Mr. McGiffin stated that this item had been placed on the agenda because he felt it
important for the DHRC to acknowledge that this event took place and the
Commission did not have a role in the City’s response to it, stating that the DHRC
was not asked for advice or comment. Mr. McGiffin felt that this was the kind of
issue that the DHRC should be able to address when the Commission matures as an
organization, and that members should be in the loop when something like this
happens.
Maj. Mailey advised members that former DHRC Chairman Wilson was aware and
sat in on one (1) of the meetings just prior to the videotape being shown.
In response to Mr. Ruane, Maj. Mailey indicated that the Use of Force Policy is in
the Dover Police Department’s rules and regulations and policy manual, stating his
belief that this information would be available to the public. Maj. Mailey advised
members that the behavior seen on the videotape, as far as a kick to the head, was
outside of the policy and was not what officers are trained to do. He indicated that
the Department has a continuum with respect to the use of force that progresses from
voice inflection through a hands technique for grasping people, the use of taser and
pepper spray, up to the use of lethal force.
In response to Mr. Ruane about training for the new officers that were being hired at
the Police Department, Maj. Mailey confirmed that these officers would obtain basic
knowledge about use of force from State training. When they come to the Dover
Police Department, they would go through a field training tour with another seated
officer. Maj. Mailey explained that they would go over related policies, procedures,
and regulations as part of that orientation and training.
In response to Mr. Ruane, Maj. Mailey confirmed that this particular officer had
undergone that training and then was retrained when he returned to active duty on the
force. He informed members that officers undergo training once per year, which he
compared to continuing education, noting that they are re-certified in CPR and
review criminal law. Maj. Mailey stated that they may also go over how to deal with
the public, verbal communication skills, safe and legal traffic stops, avoiding
profiling, integrity classes, etc.
In response to Ms. Smith as to whether Officer Webster’s discipline included non-
payment, Maj. Mailey stated that Officer Webster had been placed on paid
administrative leave up to a certain point in the process when discipline took over.
Maj. Mailey could not speak to why Officer Webster was disciplined or whether or
not he was paid during his punishment time since this was part of the Law-
Enforcement Officers’ Bill of Rights; he could only say that Officer Webster was
disciplined by the agency.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 6
Mr. McGiffin expressed his hope that this event would show members that there is
a need to increase the DHRC’s profile as a commission and develop credibility. He
felt that this would be done through the committee work that the Commission had
agreed to do, noting that this would expose everyone in the City to the DHRC.
Mr. McGiffin stated that the DHRC’s research project would involve interviewing
people, making online surveys available and offering focus groups for discussion of
diversity issues, and the police would also be asked to cooperate in this regard. The
DHRC would work with all of the various City agencies. Mr. McGiffin hoped that
if there were another similar situation in the future, people would look to the DHRC.
He expressed his opinion that the DHRC should recommend that the City formally
include the DHRC in their plan to deal with emergencies of this nature so that the
Commission can do what it is charged with and wants to do.
In response to Mr. Ruane, Maj. Mailey stated that Chief Bernat had taken leadership
and proactively held meetings in regard to this incident, and the Mayor was also
involved.
Mr. Ruane suggested, as the new Chair of the DHRC, that Ms. Smith look for an
opportunity to speak with the Mayor and the Police Chief about who the DHRC is
and what their role might be. He advocated using this incident as an example and
asking that the City include the DHRC when inviting parties to public meetings to
address these situations proactively.
Mr. Henderson stated that other ad hoc committees, religious communities, and
ministers should not be overlooked, noting that he had seen this approach used in
Baltimore and other cities. He advised members that Dover’s Interdenominational
Ministerial Alliance (IMA) was very proactive.
Mr. Roach stated the importance of the Police Department building rapport within
the community.
In response to Ms. Smith regarding how the DHRC could support and strengthen its
relationship with the Police Department, Maj. Mailey suggested that members do a
ride along with officers to see the complaints they respond to and how they interact
with the public. He concurred with Mr. Roach that more officers were needed
walking in the community and stated that a program had been started to have officers
walk through neighborhoods as part of extra duty assignments. He indicated that this
was working in Wilmington and felt it would work in Dover. Maj. Mailey advised
members that the City’s police cadets would be working in the downtown area, the
Dover Public Library, and in neighborhoods.
Maj. Mailey stated that for many years the Police Department had been forced to do
more with less and had not had the personal contact needed since they were occupied
with going after those who were getting out of line. He indicated that if officers had
more time for inter-personal communication, there would be less misunderstanding.
Maj. Mailey advised members that, just as in other professions, there are good and
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 7
bad police officers; however, he assured members that bad officers in Dover would
not last long because there are corrective measures in place. Maj. Mailey stated that
the Dover Police Department offers a Citizens’ Police Academy for a couple of
weeks over the summer that allows citizens to learn about how the Department
operates, what is done during the course of drug and burglary investigations,
community policing, and the Department’s social media program. He noted that the
social media program had helped the Department reach out to the community on a
lot of fronts, noting that the Dover Police Department was featured in a recent
YouTube video, and there was a similar follow-up video as well. Maj. Mailey
invited members to tour the Police Department and meet the officers. He stated that
it was important for officers to get out and have fun with the community, so the
community and Department could get to know one another.
Ms. Smith requested that the DHRC be informed when the Citizens’ Police Academy
is held.
Ms. Smith stated that the purpose of inviting someone from the Police Department
was to create an awareness that the DHRC was not at the table in regard to the
incident that occurred, discuss why this was the case, and find out how to get to the
table. She stated that she would be happy to meet with the Mayor and Police Chief
and invited members to join her to find out what was needed to solidify the
relationship and create more synergy. Ms. Smith stated that the DHRC would have
no power unless they had people behind them, and questioned how to get a greater
following, noting that, currently, there were only eight (8) total people involved. She
felt that once the Commission’s constituents come to recognize and respect them, the
DHRC would have power and she requested members for feedback in this regard.
Mr. Roach indicated that members attend certain community events or meetings
individually, and felt it important for members to attend some of these occurrences
together to show that the Commission is unified, noting that this might bring about
support.
In response to Ms. Smith as to the specific target audience and types of events,
Mr. Henderson stated that last week he attended a meeting with Fourth District
Councilmen Anderson and Sudler at the Solid Rock Baptist Church. In regard to the
police videotape incident, Mr. Henderson expressed his belief that the DHRC was
not invited to the table because others were busy trying to put the fire out, but stated
the need for the DHRC to make their own presence. Mr. Henderson felt that the
DHRC’s presence should be in Districts 3 and 4 in various meetings and functions
and with various churches.
Mr. Ruane noted that there was a recent shooting in District 2.
Mr. Roach stated the need to be there for everyone, since the sensitivity and
importance of various issues may be subjective.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 8
Ms. Smith questioned how to pinpoint those events that the DHRC needs to attend
as a unit and also ensure that it is a diverse group of people, how to communicate
with one another that this is where members need to be, and what the DHRC’s
agenda would be. She stated the need to be strategic in identifying whether the target
audience would be at the grass roots or upper echelon levels. Ms. Smith reminded
members that they had previously discussed partnering with groups of people as a
grass roots effort, which would be more proactive than attending events. She felt the
need to be very strategic in creating power and orientation.
Mr. Henderson agreed that the Commissioners needed to identify events to attend,
noting that he gets information online. He also stated that Rev. Rita Mishoe Paige,
member of the IMA, is very active in the community. Mr. Henderson indicated that
he would like to think in terms of those he represents rather than those who follow.
He stated the need for members to get out of their comfort zones as Commissioners.
Mr. Henderson noted that Councilmen Anderson and Sudler, particularly
Councilman Sudler, were trying very hard to get established, become aware and open
up community forums, and indicated that, as a commissioner and member of the
IMA, he planned to attend every one (1) of those meetings that he could. He stated
that if he hears of a community meeting anywhere, he wants to be there to be aware
of what is going on.
Mr. McGiffin advised members that when he was serving as City Councilman, there
were seven (7) different community meetings that took place at various levels of
frequency. He felt it incumbent upon himself, as a Third District Commissioner, to
contact his two (2) Council district representatives to find out when such meetings
are held.
Mr. Roach suggested that each commissioner could identify two (2) or three (3)
events coming up in the near future and communicate them to the whole group so
members could attend as a whole.
In response to Mr. Ruane, Mrs. Traci McDowell, City Clerk stated that new Council
members were not made aware of the DHRC during their orientation sessions since
orientation involves getting them on board, telling them what their responsibilities
are, and letting them know how to get information.
Mr. Ruane commented that, in addition to meeting with the Mayor and Police Chief,
there was an opportunity to educate Council about who the DHRC is and how they
got to be where they are. He questioned whether newly elected Council
representatives have knowledge of the DHRC or that they have a connection with
commissioners. Noting that there were five (5) new members of Council, he felt the
DHRC should have some strategy for reaching out to Council, whether through
written communication or a meeting.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 9
Scheduling of November 2015 Meeting Date
Ms. Smith questioned whether members should continue to meet once per month or
take a few months off. She stated her opinion that there was a need to meet to build
upon momentum, determine a specific direction, continue to build a brand, get into
the community, make the DHRC’s presence known, and get clarity on who their
audience is.
Mr. Roach stated his preference for hour-long meetings once per month.
The Commission scheduled monthly meetings to be held at 5:15 p.m. on
the following dates: June 23, 2015, July 28, 2015, August 25, 2015,
September 29, 2015, October 27, 2015, and November 17, 2015.
Ms. Smith requested members to keep one another apprised through email about
community events. Responding, Mr. McGiffin cautioned members of the DHRC’s
need, as a public body, to comply with the Freedom of Information Act (FOIA) and
that information should be distributed through the City Clerk’s Office.
Ms. Denise Devine, Assistant City Clerk, advised members to avoid serial meetings,
including emails or text messages, which could violate FOIA. She stated, if members
were planning to get together, they should contact the Clerk’s Office to determine
who should or should not attend, and whether there would be a need to post the
gathering as a public meeting.
Ms. Smith requested that, over the next 30 days, members think about the events that
they wish to attend, in order to pinpoint their market and whether they are trying to
engage leadership or grass roots, noting that this would determine the events where
they put most of their energy.
Mr. Ruane questioned if both areas could be addressed. Responding, Ms. Smith
stated that focusing on two (2) totally different markets might cause members to run
themselves ragged. She stated that focusing on one (1) market and building from
there would not mean that members could not attend both types of events, it would
just identify the target audience and a means of reaching them.
DHRC Committee Updates
By unanimous consent, this item was deferred due to time constraints.
Commission Members’ Announcements
By unanimous consent, this item was deferred due to time constraints.
By consent agenda, Mr. Hare moved for acceptance of the Dover Human Relations
Commission Report, seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 10
DOVER HUMAN RELATIONS COMMISSION REPORT - JULY 28, 2015
The Dover Human Relations Commission met on July 28, 2015 with Chairwoman
Smith presiding.
Chair’s Resignation from the Communications Committee
Ms. Smith advised members that she was resigning from the Communications
Committee, stating that she would still be intricately involved in supporting the
process; however, she wanted to give her attention to the position of Chair.
The Commission recommended acceptance of the Chair’s resignation from the
Communications Committee.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
DHRC Committee Updates (Deferred During the Meeting of May 27, 2015)
Ms. Smith stated that no committee updates were submitted. She informed members
that Mr. Ruane had emailed his resignation as Commissioner representing the Second
District, noting that he would be moving to California. Ms. Smith felt it might be
fitting for members to acknowledge Mr. Ruane in some way but was unsure when he
would be leaving and indicated that she would advise members when she got that
information. Mr. Henderson noted that Mr. Ruane’s departure would be a big loss
to the DHRC and members concurred.
Chair 27-Day Update Report and Feedback
Meeting with Mayor and Chief of Police
Ms. Smith advised members that she met with Mayor Christiansen, Police Chief Paul
Bernat, and Maj. Marvin Mailey, Deputy Police Chief, and expressed her desire to
understand their strategic plan and top three (3) priorities. She explained to them that
the DHRC wanted to support what the Police Department is trying to do but remain
neutral. Ms. Smith stated that they had indicated that their top three (3) priorities
were crime, jobs, and restoring hope to the City; however, their strategic plan had not
yet been developed. She indicated that Chief Bernat and Maj. Mailey advised that
more police cadets had been hired and one (1) of their strategies was to hire more
officers to police. Ms. Smith stated that Chief Bernat mentioned that morale in the
Police Department had improved since he became the Chief of Police one (1) year
ago; however, crime had also increased. Chief Bernat had indicated that morale was
measured through a survey conducted two (2) years ago and he committed to doing
another survey. Ms. Smith felt that the DHRC should have some level of
involvement or partnership with this survey and presented this idea to members as
a possibility.
Ms. Smith advised members that, during her meeting with the Police Department,
Maj. Mailey had brought up the Department’s ride along program, which was also
mentioned during the DHRC meeting of May 27, 2015, and she suggested that the
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 11
DHRC follow up on this by email. She suggested that the Department be made
aware that the DHRC is interested in the Police Department’s Citizen’s Police
Academy as well. Ms. Smith recommended that something be put in writing to show
that the DHRC would like to be kept informed of what is happening and when these
programs are available and asked if members were interested in them.
Mr. McGiffin stated that he went through this Academy when he served on City
Council, noting that it is offered one (1) day per week for approximately 10 weeks.
It is a thorough review of Police Department operations with a fully developed
curriculum that is presented by one (1) or two (2) officers who bring in specialists.
Mr. McGiffin felt that this was a great, eye-opening experience that everyone should
go through. He explained that members can schedule a ride along by contacting
Maj. Mailey and that participants typically arrive at 6:30 p.m. before shift end and
ride with an officer for eight (8) to 10 hours. He noted that officers drive the same
streets as citizens but see very different things.
In response to Ms. Smith, Ms. Sadusky offered to craft an email to Maj. Mailey to
find out how members could participate in the Citizens’ Police Academy and
schedule a ride along.
Ms. Traci McDowell, City Clerk, requested that the City Clerk’s Office be copied on
the email so there would be a record of DHRC activities.
Mr. McGiffin questioned if Chief Bernat would be open to including some questions
about diversity issues in the survey relating to morale that was mentioned previously.
This would solve a challenge for the Government Policy, Programs and Practices
(GPPP) Committee in terms of getting information from the Police Department for
the GPPP diversity research project. Responding, Ms. Smith stated that this request
could be included in the email that Mrs. Sadusky was planning to compose.
After further discussion, members agreed that Ms. Smith, Mrs. Sadusky, and
Mr. McGiffin would review the email before it is sent.
Meeting with Chair, State Commission and the State Commission Supportive Role
Ms. Smith advised members that she had an interesting and enlightening meeting
with Ms. Romona Fullman, Director of the State of Delaware Division of Human
Relations, who is an attorney, and Mr. Calvin Christopher, Chair of the State Human
Relations Commission (SHRC). Ms. Smith stated that Ms. Fullman had expressed
interest in coming to a DHRC meeting to introduce herself. Noting that, as part of
its enabling legislation, the DHRC does not have the infrastructure to handle
complaints, Ms. Smith indicated the State Division of Human Relations does have
such infrastructure. She stated that any complaints received by DHRC members
should be handled by the Division of Human Relations.
Ms. Smith advised members that DHRC members could attend SHRC meetings and
could do so via their Dover satellite location at 861 Silver Lake Boulevard, Suite 205.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 12
She indicated that the Office of Civil Rights and Public Trust would be providing a
presentation to the SHRC. Ms. Smith reminded members that Ms. Allison Reardon,
Director of the Office of Civil Rights and Public Trust, had attended the DHRC
meeting of March 10, 2015. At that time, there was a lot of uncertainty as to what
that Office would look like, what its mission would be, and how they would execute
it. Ms. Smith stated that there had been concern regarding how the Office of Civil
Rights and Public Trust, SHRC, and DHRC could partner so that they all could work
in the direction of civil rights, diversity, and cooperation. Ms. Smith indicated that
Ms. Reardon would be speaking on this topic and Ms. Smith offered to advise
members of the meeting date.
Meeting with City Council President
Ms. Smith informed members that she met with City Council President Timothy
Slavin, who indicated that he would like an opportunity to come and greet members,
which Ms. Smith planned to schedule for September. She indicated that Mr. Slavin
had no major suggestions for the DHRC, but he requested that they get together again
in the future to discuss how the Commission was moving forward. He also requested
that members not step beyond their role as commissioners, for example by writing
articles to the newspaper. Ms. Smith stated that she herself had originally written to
the newspaper on behalf of the Commission in response to killings that took place
in South Carolina; however, she had pulled this piece and rewritten it on her own
behalf. She cautioned members not to do what she had almost done in this regard.
Suggested Budget to City Council
Members were provided the City of Dover Human Relations Commission Budget
Request which was presented to City Council during the Special Council Meeting -
Budget Review on June 1, 2015. Chairwoman Smith advised members that she had
reviewed this request with City Council at that time and that Council was taken by
surprise by this $5,000 request. She felt there was a lack of understanding of the cost
of training and development. Ms. Smith expressed her opinion that much more than
$5,000 was needed for the DHRC to operate; however, she presented this amount
since it had been provided to Council before she became Chair of the Commission.
She stated that $1,500 had been included for conflict resolution development
training, which would be mediation, and $1,000 for social media development.
Ms. Smith indicated that Council had approved $2,000 in expenditures and the
DHRC must return to the City Manager to request additional funds.
Training
Ms. Smith advised members that when she presented the DHRC budget request to
City Council during the Special Council Meeting - Budget Review of June 1, 2015,
she was advised that the State Human Relations Commission (SHRC) provides
training; however, Mr. Calvin Christopher, Chair of the SHRC, had informed her that
the SHRC pays for training for its own members. The SHRC did invite Ms. Smith
to basic mediation training. Ms. Smith provided a flyer from the University of
Delaware Institute for Public Administration - School of Public Policy and
Administration, which provided details regarding a Four-Day Basic Mediation
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 13
Training, scheduled for October 2015. She estimated that the SHRC had
approximately 20 members, and three (3) or four (4) would be attending this training.
Ms. Smith indicated that the cost of the training was approximately $800 and that she
would like to participate, noting that she would not be 100% comfortable trying to
resolve conflict without this specific skill set.
Mr. McGiffin suggested that two (2) DHRC members be sent to mediation training,
since funds were available and the training was relevant to what the Commission
does. Mr. McGiffin stated the importance of having someone trained in mediation
to help recognize issues where the DHRC can and cannot be helpful.
Ms. Smith expressed the desire to put the budgeted funds to good use and stated that
there should be a report to advise Council how the funds were used to demonstrate
to Council that funds were used wisely. If mediation was not used during the year,
at least there would be DHRC members who had been trained and this would show
that members were committed.
Ms. Smith questioned if any other members had an interest in attending the training,
and Mr. Henderson stated that he would be available to go.
Ms. McDowell advised members that the City Clerk’s Office has a relationship
through the Delaware Municipal Clerks Association with Ms. Fran Fletcher, from the
University of Delaware Institute for Public Administration (IPA), which is the
organization that would be putting on the mediation training. Ms. McDowell offered
to contact Ms. Fletcher to see if the training could be offered in Dover, which might
reduce the expense and allow more members to participate. Ms. McDowell offered
to find out what other types of training IPA offers that might be useful for members.
She noted that IPA provides an institute for municipal clerks, a part of which
includes training provided by attorneys free of charge. Ms. McDowell suggested that
such individuals may be able to come and explain why DHRC meetings must be
published, in the interest of open and transparent government, noting that the DHRC
is a subset of a municipal government. She stated that there may be others in the
State and City that could benefit from this kind of training, as well as the DHRC.
Ms. Smith stated that she would defer scheduling the training until she heard from
Ms. McDowell regarding this possibility.
Community Involvement
Ms. Smith expressed appreciation that Ms. Stewart and Mr. Ruane attended the All
Unity Day rally held on Saturday, June 6, 2015 at Legislative Mall. Ms. Smith
indicated that she thought this would be an opportunity for DHRC members to
introduce themselves; however, she was then asked to serve as master of ceremonies
for the program due to the illness of the organizer, Rev. Rita Paige. Ms. Smith
advised members that this was a good event.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 14
Ms. Smith stated that there had been an article in the Delaware State News on
June 13, 2015 about her role as the new Chair of the DHRC.
Ms. Stewart stated that Ms. Smith did a great job speaking at the All Unity Day
event.
Mr. McGiffin stated that the announcement piece in the Delaware State News where
Ms. Smith was described as the new Chair of the DHRC was also great.
Ms. Smith advised members that she had been approached about being a speaker at
a Technology Education and Design (TED) talk in Dover. She explained that this
would involve getting a group of approximately 100 community members together
to talk about subjects that impact their lives. Four (4) to five (5) speakers would
speak for 20 minutes each. She suggested that if the DHRC and SHRC got involved,
this could be used as an opportunity to create a platform to get the community
engaged around topics that are important to members. Ms. Smith stated that an
expert would be asked to speak, and it could be someone from a university or a
community leader, someone from the local area or anywhere in the country. The
DHRC would assist in partnering to promote and sponsor the event. Ms. Smith
advised members that Dr. Dan Young, who had headed up a TED program in
Wilmington, was now trying to bring this to Dover. She suggested inviting
Dr. Young to a DHRC meeting to show a video of what this program looks like to
see if this would be something that members want to engage in.
In response to Mr. Henderson’s request for clarification on TED talks, Ms. Smith
stated that speakers give motivating and inspiring speeches at these events.
Ms. Smith advised members that TED talks are videoed and had been held in
different cities, noting that all such events in Wilmington had been sold out. She felt
that this program could add value and exposure to the DHRC.
Ms. Smith stated that she would invite Dr. Dan Young to the next DHRC meeting
to provide additional information about TED talks.
Ms. Smith advised members that she would be making a recommendation to the
Council President for appointments to the two (2) vacant seats on the Commission
in the First and Second Districts and asked members to let her know if they had
recommendations, noting that she was looking for diversity. She asked that they
develop recommendations before the next meeting so that the DHRC would be ready
to move on those recommendations. Once the seats are filled, she suggested that a
group picture be taken of the DHRC at City Hall. Ms. Smith suggested creating
awareness and a connection by sending this picture and a congratulatory note to
various members of the community, saying that the DHRC was proud of them, with
each of the Commissioners’ names and districts. She felt this could easily be done
one (1) to three (3) times per week and would not be costly. Ms. Smith stated that
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 15
she would defer this for the present until the other two (2) members are appointed
and suggested that this system could be up and running by the end of September or
October.
Ms. McDowell stated that a resume and bio for the recommended appointees would
need to be provided to members of Council before Council votes on the
appointments.
Publicity
In response to Ms. Smith regarding current information on the City of Dover website
for the DHRC, Ms. Denise Devine, Assistant City Clerk, advised members that there
was currently no page for the DHRC on the City’s website; however, the Photo
Gallery on the home page of the City’s website included photographs pertaining to
the DHRC.
Ms. Smith advised members that this information is what appears when googling the
Dover Human Relations Commission and stated her feeling that this information was
antiquated. She suggested that it be replaced with a photo of current members,
biographical information, and perhaps their guiding principles or core values as a
starting point. She questioned if a commitment could be made that every member
provide a photo, an abbreviated two (2) paragraph bio, and a sentence or two (2) as
to why they serve, and asked if this change to the website could be made in-house.
Members reviewed the current bios of City Council members on the City of Dover
website. Ms. Smith requested that members provide approximately two (2)
paragraphs in approximately a 200-word range to the City Clerk’s Office by August
14, 2015.
Ms. McDowell indicated that the City Clerk’s Office was available to support the
DHRC and could create the DHRC’s web page if information were provided. She
estimated that this could be done within a week after receiving members information.
Ms. Smith expressed her expectation that by the third week in August members
should be able to direct people to the DHRC web page.
Commissioners (Skills, Networks, Interests)
Noting that all members were serving on committees at this time, Ms. Smith
questioned if members felt they had the passion, skill sets, and networks to execute
what they had signed up to do.
Responding, Mr. Henderson stated that he feels more comfortable when there is more
structure and continuity, noting that he continued to be on a learning curve; however,
he stated that he felt good about continuing to serve on the Education Committee.
Ms. Smith stated that the Education Committee would be responsible for educating
the community and connecting the DHRC through workshops. She indicated that the
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 16
TED talk discussed previously would be part of this responsibility. Ms. Smith also
suggested that the Education Committee could decide, for example, to hold four (4)
events, one (1) each quarter, choosing four (4) dates and topics that would be
presented to the Commission and then mobilized. She stated that even if one (1)
event were held, such as the TED talk, at least the community would be engaged and
members would be doing more than just attending meetings and begin to see results.
Mrs. Sadusky indicated that she was serving on the Education Committee with
Mr. Henderson and that she and Mr. Henderson had discussed presenting perhaps (2)
educational events. She noted that she is very interested in the DHRC; however, had
experienced complications and time constraints. She suggested that the TED talk
might be a simple way of accomplishing something by having someone come into
the community.
Mr. Henderson stated that Mr. George Bailey, business manager at Sam’s Club, is
excellent at putting together diverse groups such as African Americans, Asian
Americans, and Latin Americans. Mr. Henderson hoped to work with Mr. Bailey and
find out his resources with regard to education and diversity. He noted that the
University of Delaware also had resources.
Ms. Smith asked members to not be discouraged due to the lack of a quorum at the
DHRC meeting scheduled in June and the resignation of members. She stated that
it is not about who is not present, it is about who is present and ready to do the work.
Ms. Smith explained that she was ready to move forward and every meeting would
have goals and dates. She indicated that Commissioner Wilson did a superb job
putting together infrastructure and now it is time to mobilize it. Ms. Smith felt that
the Commission had done much strategic planning but had forgotten to look at the
basics, including the skill sets, networks and interests of members which were
underutilized. Ms. Smith suggested that the Commission have a session focusing on
contacts, such as those in churches, fraternities, boards, and organizations, for
example, the Women in Leadership Council and the United Way, noting that
Mr. John Moore, Vice President, Resource Development and Strategic Partnerships
for the United is in Dover. She felt that members could develop ideas on tapping
into networks and this would allow the DHRC to partner with other organizations
that share concerns about diversity to put on educational events. She noted that the
SHRC has offices in Kent, Sussex, and New Castle counties, including one (1) in
Dover, and has a responsibility for this area. She indicated that United Way should
be at the table because they operate throughout the entire State and have many events
in Wilmington but not in the local area. She felt that putting on these events would
be as valuable to other organizations as they would to the DHRC.
Mr. Henderson stated that he had heard more about limitations for the DHRC than
possibilities, noting that the DHRC was unable to discuss complaints or gather
together as a group. Responding, Mrs. McDowell advised members that since there
were currently seven (7) members appointed, no more than three (3) members could
meet without it being a published meeting.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 17
Responding to Mr. McGiffin, Ms. McDowell confirmed that when the two (2)
vacancies on the Commission are filled, the number of members that could gather,
other than in a public meeting, would increase.
Bylaws
Ms. Smith stated that she had read through Chapter 58 - Human Relations - of the
Dover Code several times. She indicated that it contained great information on the
purpose of the Commission and encouraged all members to read it.
Commissioners’ Announcements
There were no members wishing to make announcements.
By consent agenda, Mr. Hare moved for acceptance of the Dover Human Relations
Commission Report, seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT -
AUGUST 24, 2015
The Safety Advisory and Transportation Committee met on August 24, 2015 with
Chairman Hosfelt presiding.
Concerns of Owens Manor Residents
This item was deferred until later in the meeting.
Discussion - Increased Criminal Activity - Dover Park/Silver Lake Park
(Deferred during the meeting of June 22, 2015)
Police Chief Paul Bernat advised members that he reviewed records pertaining to
calls for service for Dover Park and Silver Lake Park for 2013, 2014, and January 1
through August 12, 2015. He advised members that, excluding calls related to
opening and closing of park gates, there were 35 complaints related to Silver Lake
in 2013, 26 in 2014, and 18 to date in 2015. Chief Bernat questioned if members
were interested in particular types of complaints.
Responding, Mr. Anderson stated that people did not seem to have complaints
regarding daytime use, but concerns were expressed by those exercising in the park
in the evening, close to the park’s closing time near dusk. He indicated that there
were complaints about activity in the woods, people sleeping in the park, and
suspected drug activity.
Mr. Anderson indicated the need for the City to stay ahead of the curve so that crime
does not start relocating to the parks as it is moved from neighborhoods. He felt that
the parks are great places for families in the City; however, he noted that there had
been a shooting at Dover Park during the past couple of weeks. Mr. Anderson felt
that there was a lack of security due to people going back and forth between the
neighboring areas of the park and using the park to hide out. He indicated that there
were not significant barriers to this activity, noting issues related to vegetation on
some of the trails, lack of lighting, etc.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 18
Responding, Chief Bernat stated that the Police Department contacted
Ms. Sharon Duca, Public Works Director, and that a Public Works crew
significantly cleaned up the east side of Silver Lake, which looked a lot better now.
He indicated that previously this area had been overgrown worse than he had seen
during his 39 years in Delaware. Mr. Anderson expressed thanks for these efforts.
Chief Bernat expressed his opinion that environmental design is the best crime
prevention. He stated that trashy areas invite people to do seedy things, whereas nice
areas are more likely to have people there for the proper reasons. Chief Bernat stated
that, due to the concerns expressed, the Police Department had picked up
enforcement efforts and patrols. He stated that all six (6) police cadets are now bike
trained, and three (3) of them ride in this area quite a bit. Chief Bernat stated that
these cadets had been very well received.
Mr. Anderson stated his impression that there had been an improvement in the
atmosphere at Silver Lake since the issue first came up approximately a month-and-a-
half ago, and expressed his hope that this would occur soon at Dover Park.
Chief Bernat stated that prior years reports from Dover Park revealed seven (7)
complaints and 12 complaints. He noted that there have been 21 complaints in 2015,
so there was an uptake in this area. He explained that patrols there had also been
increased; however, it was harder for cadets to get across the highway to this area.
Chief Bernat stated that this was usually a good spot for the K-9 officers to patrol at
night.
Mr. Hosfelt inquired if there was a specific type of complaint that appeared to be the
number one (1) concern. Responding, Chief Bernat stated that most were suspicious
events, which were probably called in and could be related to a variety of issues, such
as two (2) to four (4) people in a vehicle, possibly smoking a cigarette or a marijuana
cigarette, or somebody walking in the park after dark. Chief Bernat advised members
that in 2015, six (6) of the 18 incidents were proactive police stops, which indicated
that the Police Department was doing its job. He stated that there had been disorderly
conduct incidents and a psychiatric incident with a mental patient. In addition, there
were a couple of personal items found, a parking violation, a medical incident, and
a fight, but no major incidents.
Mr. Hutchison noted that previously the gate had been locked at night and questioned
if this was still being done. In response, Chief Bernat indicated that he discovered
that this was not being done as much as it had been in the past. It was his feeling that
staff should continue to lock the gate and the Department would keep an eye on this.
Chief Bernat stated that sometimes officers get overwhelmed, noting that they may
be doing other things that have more precedence than shutting a park gate.
Based on the number of complaints received, Mr. Hutchison felt that locking the gate
was not justified as long as patrols were increased and the cadets were being used in
the area. Responding, Chief Bernat felt that this was a good point, noting that not
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 19
locking the gate would allow officers to go in and make sure there was no one in
violation, noting that there were large signs stating that the park is open from dawn
to dusk.
Mr. Shelton asked if K-9 units were getting out of the vehicles or just driving through
the areas. In response, Chief Bernat stated that, as a former K-9 officer, he would get
out of his vehicle in the parks because it was a good time for his dog to relieve itself
in the wooded areas. He also noted that this allowed people present to see that the
officer would actually get out of the vehicle and if they were doing anything seedy,
they would not want to stay around. Chief Bernat stated that he would reiterate this
to the K-9 officers.
Referring to the excerpt of the minutes of the Parks, Recreation, and Community
Enhancement Committee meeting of June 8, 2015, Mr. Hosfelt noted that there had
been questions about grants for police patrols. Mr. Hosfelt questioned if extra-duty
hours were being used for patrols or if they were based on the regular schedule.
Responding, Chief Bernat stated that currently all foot patrol grants were based upon
violent crime, and staff was not really seeing violent crime in that area.
Mr. Anderson questioned if Department of Justice and Homeland Security grants
were being looked at as part of the City’s camera footprint. In response, Chief Bernat
stated that camera efforts were now being concentrated in the downtown area. He
noted that there were currently 71 cameras downtown, and an additional 14 had been
requested through an open grant, which would bring the total to 85. Chief Bernat
stated that the Police Department had experienced great success with the cameras,
noting that two (2) homicides had been solved with them. He stated that he would
love to put cameras in other areas, and he would also like to have foot patrols in the
downtown area. He indicated that there were more pressing matters; however, it was
his goal to make these things happen eventually.
Concerns of Owens Manor Residents
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that the City had received complaints from time to time from
residents of Owens Manor and other Dover Housing Authority (DHA) properties.
She noted that some complaints came through Senator Brian Bushweller's office, and
that office was also following up with staff on those complaints. Mrs. Townshend
explained that staff had a productive meeting with the DHA on July 23, 2015 and she
felt there was good resolution, as reflected in the correspondence between herself and
Ms. Ami Sebastian-Hauer, Executive Director, Dover Housing Authority.
Mrs. Townshend explained that DHA is the property manager for Owens Manor,
which is owned by the Delaware Community Investment Corporation and Great
Lakes Capital Fund. She noted that there are some issues with the ground settling,
which are causing several areas of the building to separate. Mrs. Townshend stated
that a structural report identified the issues, but the problem could not be fixed until
geotechnical work was done in the Spring of 2015. She indicated that DHA was
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 20
working with their consultants to obtain a design for what needed to be done to
address the issue so they can make the necessary repairs. At the meeting, it was
agreed that DHA would provide staff with a timeline on when these things were
expected to occur. Mrs. Townshend stated that the issue was slow settlement and
separation that needed to be corrected so that it does not get worse, rather than
something that was expected to fall down. She expressed her opinion that the
structural engineers would have made it known if there was an imminent danger.
Mrs. Townshend indicated that a number of issues were brought forward, such as the
condition of carpets and the sprinkler, which were noted in the City’s inspection
report, as well as issues that the City was not involved in, such as cable TV service.
She advised members that most of the repairs had been made and the DHA was in
the process of getting a quote on the carpets and scheduling that work, which should
be done in the near future.
Mrs. Townshend stated that the bedbug issue was a tough situation. She explained
that routine bedbug inspections and treatments are performed, and there are
procedures involved, such as removal of the furniture and several treatments when
needed. Mrs. Townshend stated that part of the challenge is that when furniture is
placed near the dumpsters, other residents may see a nice new couch and take it in.
She advised members that DHA is keenly aware of the bedbug issue and was
working on treatment, but cooperation was needed from the residents in not bringing
discarded items back in.
Mrs. Townshend informed members that complaints had been received about people
being told they had to pay by money order. She explained that this was not a routine
requirement, but money orders are required when the payer’s check has bounced or
if the individual was going to court. Mrs. Townshend stated other ways to work with
residents were discussed, because DHA does not have a full-time site manager to
make sure that rents are recorded when they are turned in.
Mrs. Townshend reiterated that the meeting had been productive, communication had
remained open, and the repairs were being made.
In response to Mr. Hosfelt, Ms. Ami Sebastian-Hauer, Executive Director, Dover
Housing Authority, 76 Stevenson Drive, stated that Ms. Townshend had summarized
everything and she had no additional comments or concerns.
Mr. Sudler stated that, as a landlord, he had dealt with bedbugs and they are a
problem. He questioned whether DHA had thought about trying to isolate affected
items by immediately getting rid of or bagging them. Responding, Ms. Sebastian-
Hauer stated that their bedbug procedure had expanded and in the last couple of
weeks they had inspected every single unit at Owens Manor and Queen Manor. A
maintenance person had been assigned to the exterminator and the day before an
inspection, they go in and help tenants prepare by bagging up all of their bedding and
clothing and helping to move mattresses, pictures, etc. She explained that tenants are
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asked to cooperate and to discard their personal items and, although some items are
sentimental and tenants do not want to get rid of them, staff just explains to them
about the bedbug issue.
Referring to the bedbug issue, Mr. Keller asked if there had been incidences of
residents being bitten or having to seek medical help. Responding, Ms. Sebastian-
Hauer stated that this had unfortunately occurred, noting that staff has found out
about the bedbugs after this happens. She advised members that DHA found a
number of units that were infested that had not been reported to them.
Ms. Sebastian-Hauer reiterated that tenant cooperation is very important, and tenants
are asked to report bedbugs to management; however, if they do not and it gets to the
point where they have to dispose of all of their items and they have been bitten, DHA
will step in, call their emergency contact, and have client services come in. She
indicated that tenants’ failure to come forward regarding the issue is a problem.
Responding to Mr. Hutchison, Ms. Sebastian-Hauer stated that Owens Manor has 60
units. She explained that every single unit was inspected in one (1) day and a list was
maintained of those units that were infested and those that were not. Infested units
received immediate treatment that same day and were placed on a three (3) treatment
cycle. She stated her belief that the next treatment was scheduled for Thursday,
August 27, 2015.
Mr. Hutchison questioned if this was the recommended approach, suggesting that one
would think that everything would have to be treated, infested or not. Responding,
Ms. Sebastian-Hauer stated that the infested unit and the two (1) adjacent units are
treated. She noted that the problem was bad on the fourth floor and bedbugs were
seen in the hallways. At that point, the entire end of the fourth floor was treated, and
people came in and helped to vacuum and perform the second half of the treatment.
In response to Mr. Keller as to whether the Board of Health had addressed this
situation, Ms. Sebastian-Hauer stated that they had not.
Responding to Mr. Sudler regarding whether money order payments are required only
for residents who had been delinquent, Mrs. Sebastian-Hauer stated that DHA does
not accept cash but will accept personal checks and money orders. Money orders are
required if the tenant has had a check bounce or if their case has been filed in court
and they want their case dismissed.
Mr. Shelton inquired if it was possible to destroy furniture that is put outside rather
than having tenants bring it back in. In response, Ms. Sebastian-Hauer stated that this
was being done now, and all tenants had been asked to schedule an inspection with
staff before bringing things into the buildings. In response to how this was enforced,
she stated that DHA had a list of all units that are bedbug free, and if one (1) of those
units ends up with bedbugs, it would then be known that the tenant brought
something in.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 22
Mr. Keller asked if furniture placed outside was subject to the elements, such as rain,
and Mrs. Sebastian-Hauer stated that it was and that these items are set out for trash
pickup.
Mr. Anderson noted that other concerns had been expressed, such as a lack of railings
in the building, and requested an update on the progress. Responding, Ms. Sebastian-
Hauer stated that any major work undertaken at Owens Manor must have approval
from Delaware State Housing Authority (DSHA) and the limited partner, who are the
99% owners of Owens Manor. She noted that DHA was obtaining cost estimates,
which they will submit to DSHA and Delaware Community Investment Corporation
and Great Lakes Capital Fund.
Mr. Anderson stated that there had been complaints about the system for visitor
parking and inquired if there was a way to address this. Mrs. Sebastian-Hauer stated
that there was very limited parking at Owens Manor and Queen Manor, noting that
when they were built, a request was submitted to the City for a waiver on the number
of parking spaces. She advised members that, at the request of the residents of both
Owens Manor and Queen Manor, a parking tag policy was implemented. Those who
had cars were able to obtain a parking tag that allowed them to park in the parking
lot. Mrs. Sebastian-Hauer explained that reasonable accommodations were made for
a couple of the tenants and reserved parking was provided for the nurse’s aides and
Meals on Wheels providers. For the convenience of tenants, other visitors have to
park on the street and Ms. Sebastian-Hauer felt that there was probably nothing else
that could be done in this regard.
Mr. Anderson questioned if security cameras would be placed back at Owens Manor.
Responding, Ms. Sebastian-Hauer indicated that new cameras had been purchased
and would be installed.
Ms. Sebastian-Hauer advised members that DHA was trying to make progress, and
Mr. Anderson stated that it sounded like real progress was being made.
In response to Mr. Keller, Ms. Sebastian-Hauer stated that one (1) parking space is
allotted per apartment and a number of tenants do not have cars.
In response to Mr. Sudler regarding the definition of the geotechnical work
referenced previously, Mrs. Townshend explained that a number of soil borings were
done to determine the compaction and strength of the soil where the building was
placed so that planning can be done for the repairs needed to fix the settlement issue.
She indicated that this would involve digging into the ground to see what the soil
horizon is.
Mr. Sudler asked if material would be placed to keep the soil from shifting.
Responding, Mrs. Townshend stated that the study had been done, which provided
soil borings to look at the cross-sections of what is under the ground. The next phase
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 23
would be to design the repairs, noting that repairs would be extensive and involve
jacking up the building.
In response to Mr. Sudler regarding where they were in the geotechnical process,
Mrs. Sebastian-Hauer stated that they were working with the structural engineer.
Mrs. Townshend and Ms. Sebastian-Hauer were unsure which engineer was assisting.
Responding to Mr. Sudler, Mrs. Townshend explained that the sprinkler issue
mentioned previously was not for the sprinkler system but related to repairs needed
in the sprinkler room, since there had been a leak that resulted in some rotted wood
which needed repair. She stated that those repairs had been made.
In response to Mr. Keller regarding the cost of the geotechnical work,
Mrs. Townshend advised members that this was being handled by the DHA and the
ownership partners, who would also make decisions regarding what to do with it.
Overview of Dover Police Department Policy Regarding Contact, Arrest, or
Detainment of Undocumented or Illegal Aliens
Chairman Hosfelt stated that he had asked that this item be placed on the agenda, due
to recent national attention regarding a horrific homicide in San Francisco,
California, allegedly committed by an undocumented immigrant. Mr. Hosfelt wanted
to make sure that the public had knowledge of where the Dover Police Department
and the City of Dover stood in regard to this issue.
Police Chief Paul Bernat stated that Dover Police Department Procedural Notice
4.1.1 - Foreign Nationals, Diplomats and U.S. Immunity provides guidelines related
to illegal aliens. He reviewed Section II - Guidelines, Illegal Aliens, explaining that
the Dover Police Department contacts U.S. Immigration and Custom Enforcement
(ICE) for three (3) reasons: 1) if the alien is a re-entry; 2) if the alien is in possession
of a fraudulent Green Card, Social Security number, or Social Security card; and 3) if
an legal or illegal alien is arrested for a felony crime.
Chief Bernat stated that Section III - Procedure outlines the procedure for these
situations, noting that ICE will not respond directly to the Department unless
circumstances are extremely unusual, but will provide guidance and advice. If
circumstances fit the proper criteria, ICE will do the follow-up work as soon as
possible. Chief Bernat stated that any problems or questions that arise would be
directed to the Department of Immigration, and the City liaison is the Criminal
Investigation (CI) sergeant.
Chief Bernat advised members that Dover is not a sanctuary city; however,
Baltimore, Philadelphia, Jersey City, and New York City are sanctuary cities in this
area. He explained that there are 31 sanctuary cities in the United States, including
San Francisco. Illegal aliens are safe and will not be deported in sanctuary cities.
Chief Bernat indicated that the Dover Police Department will do anything they can
to have an individual deported if they find they are illegal.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 24
Mr. Hosfelt stated that the individual in San Francisco was a seven (7) time convicted
felon who had been deported five (5) times. He questioned if this individual came
into the custody of the Dover Police Department and ICE issued a detainer or wanted
this individual when released from the Department’s custody, whether the individual
would be released or turned over to ICE. Responding, Chief Bernat indicated that
the individual would be turned over to ICE or placed in the Department of
Corrections (DOC) until ICE could pick the individual up. He stated that the Dover
Police Department would do everything they could legally within their bounds,
reiterating that Dover is not a sanctuary city.
Mr. Sudler questioned how many illegal immigrants had been deported or transferred
to ICE within the last three (3) years. In response, Chief Bernat indicated that he had
checked with the Delaware Criminal Justice Information System (DELJIS) and they
were unable to provide this information. He also checked with ICE and the
individual responsible for this information was on bereavement leave. Chief Bernat
advised members that he was in his 27th year of service and could not remember that
the Department had deported anyone, although he was sure that it had happened.
Mr. Sudler requested that this information be submitted to the Committee once it is
obtained.
Mr. Anderson thanked Mr. Hosfelt for the related groundwork that was done during
his service as Chief of Police, for continuing to assist Chief Bernat, and for covering
this issue. He reminded members that the Dover community had suffered a loss in
2007 when some Delaware State University students were killed in Jersey City,
which is a sanctuary city, by someone who had been convicted of violent crimes,
should have been deported, and had been in the country approximately three (3)
times. Mr. Anderson stated the importance of those in the community cooperating
with federal law enforcement in this area, as they do with the FBI and other
organizations, and in tracking crimes.
Mr. Anderson stated his understanding that the discussion was not about going after
particular groups of people but applying existing procedures to everyone and using
all resources available to check all federal records. Chief Bernat agreed and indicated
that an inability to speak English would be one (1) clue and would be a reason to ask
for a Green Card and paperwork.
Mr. Anderson noted that any individual would be asked to produce an ID, and an
illegal individual may not be able to produce one. Chief Bernat explained that there
would have to be a reason for the police to stop or encounter the individual and
officers do not go looking for illegal aliens.
Mr. Anderson questioned the City’s position on Senate Bill (SB) 59, sponsored by
Senator Bryan Townsend, which could potentially make Delaware a sanctuary state,
and whether Chief Bernat saw this as an infringement on local federal law
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 25
enforcement. Responding, Chief Bernat indicated that if he were asked, he would say
that he was not interested in being a sanctuary city.
Debriefing/Post-Mortem on Firefly Music Festival (Presentations by the
Department of Planning and Inspections and the Dover Police Department and
Summary of Discussion with Representatives from Persimmon Park Place, Wild
Meadows, and Residents on Persimmon Tree Lane)
Police Chief Paul Bernat reviewed a presentation entitled “Special Preparation
Instructions & Debriefing/Post-Mortem on Firefly Music Festival” dated August 24,
2015. He advised members that the Firefly Music Festival was held June 18-21,
2015 at Dover International Speedway and was very successful, with over 78 bands
performing and close to 90,000 attendees. Chief Bernat reviewed the Dover Police
Mission Statement During Firefly and the Dover Police Objectives During Firefly.
Chief Bernat felt that bringing fans into the event went much better than in the past,
noting that breaking the festival up over four (4) days instead of three (3) helped
tremendously. He explained that monthly meetings were held through the entire year
with Dover International Speedway Security in regard to the Firefly Music Festival,
Big Barrel Country Music Festival, and two (2) NASCAR races, including one (1)
that is always held during the first weekend in June and another to be held in
October. Chief Bernat advised members that officers are given strict instructions to
operate within the National Incident Management System (NIMS) and operations are
NIMS compliant. In reviewing the map of the Woodlands at Dover Downs,
Chief Bernat explained that the two (2) main stages, one (1) at the very top of the
map and one (1) just to the right of that stage, were in the jurisdiction of the
Delaware State Police, and the Dover Police Department assisted them in that area.
He indicated that there were several additional stages in the area at the bottom of the
map that were in the City’s jurisdiction.
Chief Bernat reviewed the Grid Map, explaining that Districts 1 and 2 were in the
City’s jurisdiction and part of District 2 and all of District 3 were managed by the
Delaware State Police. He indicated that during the load-in on Wednesday, June 17,
2015, there was a large number of campers, mostly tents. Chief Bernat noted that Lot
18, off Persimmon Tree Lane, was in the Delaware State Police’s jurisdiction. He
advised members that there was severe weather on Saturday, the third day of the
event, and there was an evacuation that went very smoothly, considering the amount
of people. Sunday was the final day of the festival and crowds were huge.
Chief Bernat estimated that 16 police agencies were involved that had the same basic
mission: to manage the people, traffic, and safety aspects. He emphasized that an
extra 90,000 to 95,000 people could not come to the City with the aid of only the
Dover Police Department’s authorized strength of 101 officers and true strength of
92, counting the five (5) recruits that just came out of the Delaware State Police
Academy.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 26
Chief Bernat reviewed the Calls for Service, including 64 total complaints, six (6)
arrests, and 29 charges. He explained that there were three (3) Megan’s Law
Notifications involving three (3) workers who were sex offenders who are required
to register when they come into a town, and the officers made sure that all of the
appropriate steps were taken.
Chief Bernat stated that a total of 3,378 extra duty man hours were used. He noted
that there were several items to be addressed for improvement for the 2016 Firefly
Festival; however, from a public safety standpoint and considering the size of the
event, the 2015 Firefly Music Festival did not have any major issues.
Chief Bernat advised members that the Big Barrel Country Music Festival was also
a success. He noted that this Festival only used the two (2) stages which are in the
jurisdiction of the Delaware State Police, so the Dover Police Department had
minimal responsibility with regard to security, but had a lot of extra duty for traffic
and things of that nature. Chief Bernat reminded members that officers worked a
three (3) day weekend for the NASCAR race, immediately followed by a four (4) day
weekend for Firefly, and the Big Barrel event was held the next weekend. Officers
were extremely busy during this time and were not allowed to take vacations, except
for life events, such as having a baby, graduation, etc. Chief Bernat expressed pride
in the Department, noting that officers did everything that they were supposed to do.
Chairman Hosfelt stated, for the record, that he is employed full time as the security
manager for Dover International Speedway; therefore, he could speak to this subject
with some knowledge. He expressed appreciation for Chief Bernat’s report,
indicating that it was very well done. He stated that on Saturday night of the Firefly
Festival, when the evacuation was done, there had been over 10 inches of rain in a
19-day span, and things were not looking very good, with storms coming across the
bay. He indicated that Mr. Clement, Dover International Speedway staff
meteorologist, and Red Frog Events, the promoter, made the decision to evacuate.
With the help of the Dover Police Department, Delaware State Police, the Delaware
Department of Transportation (DelDOT), Dover International Speedway security, and
everyone else working in conjunction, about 70,000 to 75,000 individuals were
evacuated in less than an hour. Mr. Hosfelt attributed this to the planning that is
done on a monthly basis, noting that meetings had begun to plan for next year less
than 1½ - two (2) weeks after the festival, and this is a constant planning process.
Reiterating that District 3 had been in the jurisdiction of the Delaware State Police,
Mr. Hosfelt stated that annexation of that land into the City was being looked at and
anticipated that this would happen at some point this year. He expressed his belief
that when these festivals come next year, that entire responsibility will be that of the
Dover Police Department, with the help of Delmar, Seaford, Cheswold, and Clayton,
who he stated were all amazing and had done a great job.
Mr. Hutchison expressed pride in the Dover police and all the agencies that worked
with them, as well as Dover International Speedway. He felt that others have no idea
of the amount of energy that goes into this throughout the whole year to be able to
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make this happen. Mr. Hutchison felt that there was no other event in the State of
Delaware that brings in this number of people, noting that it required training,
planning, years of hard work, and reevaluating what is done each year. He stated that
this was a great event and the City, Kent County, and the State all benefit from it.
Mr. Keller echoed Mr. Hutchison’s comments, noting that he had spoken to a lot of
the residents in the area and there were hardly any complaints. He conveyed kudos
to all, stating that they had done a remarkable job.
Mr. Sudler inquired how many officers it took to secure the event as a whole.
Responding, Chief Bernat stated that this number varied by day and time of day.
Mr. Hosfelt stated that on any given day, approximately 750 to 800 security officers
are employed at the location and about 250 law enforcement personnel, noting that
this would not include Emergency Medical Services (EMS) and firefighters.
Mr. Hosfelt informed members that he and Councilman Neil had hosted a discussion
with representatives from Persimmon Park Place and Wild Meadows and residents
on Persimmon Tree Lane regarding their concerns about the festivals. Mr. Hosfelt
stated that those concerns were addressed and had been forwarded to Red Frog
Events for discussion.
Prioritization of City of Dover State Capital Transportation Program (CTP)
Projects
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that each year City Council develops a list of transportation
priorities and shares these priorities with the Secretary of Transportation for
consideration as the Delaware Department of Transportation (DelDOT) develops the
State's Capital Transportation Plan (CTP), and this list is also shared with the City’s
legislative delegation. She indicated that in the past staff had looked at additional
needs and projects; however, during the past few years, due to limited funding, the
City’s approach was to review the ranking of the previously prioritized projects.
Mrs. Townshend stated that the current priority list was developed by herself;
Mr. Scott Koenig, City Manager; Mrs. Sharon Duca, Public Works Manager; and
Mr. Bill Neaton, Economic Development Manager. She explained that they
reviewed the priorities approved by City Council in September 2014, and
recommended the following priority ranking for the coming year:
1. Construction of Sidewalks within the Walk Zone of the New Dover High
School - Now that the Dover High School has been operational for a full
school year, the critical sidewalk gaps that were identified in the Dover High
Pedestrian Study performed by the Dover/Kent County Metropolitan
Planning Organization (MPO) continue to be a high priority. The critical
gaps that are of highest priority to the City and most critical in providing safe
access to the school are Mifflin Road and the south side of Route 8 west of
Mifflin Road.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 28
Mrs. Townshend explained that students are routinely seen walking on the shoulder
and in the turn lane of Route 8, especially on the south side, between Dover High
School and Mifflin Road, as well as in these areas on Mifflin Road. While there was
currently no funding in place for this project, she indicated that the City believed that
this was a safety issue that must be addressed. Mrs. Townshend advised members
that students can be seen walking in these areas during the week before and after
school, and since students are leaving later due to fall sports, a lot of them are
walking at dusk when the setting sun is a real concern.
Mrs. Townshend advised members that she, along with DelDOT staff, the
Metropolitan Planning Organization (MPO), and staff from the Federal Highway
Administration (FHA), did a bicycle and pedestrian assessment of Route 8 from
Route 13 to the City limit, and all of those who were part of that assessment had
significant concerns about this area. Mrs. Townshend felt it very important to
continue to impress on DelDOT not to wait until a child is hit to deal with this
problem. She stated the need to be very aware and continue to advocate with State
legislators and to have the Capital School District and DelDOT join with the City on
this issue. Mrs. Townshend noted that she observed five (5) students walking in the
shoulder in the short period of time that she was driving west while taking her son
to school earlier in the day, and that there are many more students there in the
afternoon. Reiterating that there was no funding for the project, Mrs. Townshend
stated that sometimes money just has to be found, and she felt that this was one (1)
of those times.
2. Kenton Road Corridor Upgrades - Upgrading Kenton Road, including the
addition of sidewalks along the road, continues to be a priority for the City.
This project is currently in the CTP.
Mrs. Townshend explained that upgrades to the Kenton Road corridor had become
more important since there was more activity in the area resulting from the new
Dover High School and since the YMCA purchased the Kent Swim Club. She
indicated that a study had been done of this area several years ago. Mrs. Townshend
stated that the design and ultimate construction of the project was in the current CTP
and would be a five (5) year process involving the travel surface as well as shoulders
and sidewalks. She noted that in recent years some projects had been dropped from
the CTP and she felt the City should keep an eye on this project.
3. Loockerman Street/Forest Street Improvements - This project has been a
priority for the City to help spur redevelopment and improved traffic flow on
the west side of Dover. It was initially identified in the West Side
Redevelopment study performed in 2001. This project is currently funded in
the CTP. With the Downtown Development District Program, the
implementation of this project is a priority for the City.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 29
Mrs. Townshend stated that these improvements related to a spot where there were
five (5) points in an intersection and expressed the need to make sure this project
stays in the CTP.
4. Garrison Oak Connector Road - Due to the increased activity and interest in
the Garrison Oak Technical Park, the planning and construction of this
connection to Delaware Route 1 is increasingly important. This project is not
currently in the CTP.
Mrs. Townshend reminded members that the City had made an investment in the
infrastructure within the Garrison Oak Technical Park and stated the need to continue
to reiterate to DelDOT the importance of this road as the connection from the
Garrison Oak Technical Park to Route 1, since there will not be a White Oak Road
interchange. She noted that this service road would extend from Garrison Oak along
Route 1 and down to the Route 8 interchange.
5. College Road Corridor Upgrades - This project is intended to upgrade
College Road to include sidewalks and other road improvements. This
project is not currently in the CTP.
Mrs. Townshend stated that the MPO had done a pedestrian study for Delaware State
University (DSU) that involved College Road, particularly the University Courtyard
Apartments and the walking path. She noted that a number of improvements were
needed for College Road; however, there was no current funding for it, and staff felt
it important to rank highly those projects that have funding to ensure that funding
stays intact. Mrs. Townshend stated that this project was a real priority and College
Road needed the investment.
6. Route 8/Hazlettville Road Connector - This is planned to be a north/south
access road that was identified in the Delaware 8 Concept Plan and
Operations Study. With the construction of the new Dover High School, the
construction of this connection is important to providing access to the school
without causing additional burden on other roads in the area. This project is
not currently in the CTP.
Mrs. Townshend explained that this road would extend from Dover High Drive
through the Papen Farm along the west side of the Village of Cannon Mill to
Hazlettville Road, so that all of the traffic from the south would not be going through
Artis Drive and Mifflin Road, which already have traffic issues. Part of the need was
also related to an interconnection point between Dover High Drive and Cannon Mill,
which had not opened yet so cut-through traffic could not currently be evaluated.
Mrs. Townshend advised members that, surprisingly, school traffic had not been as
bad as anticipated. She felt that this project should be monitored, noting that from
a long-term perspective the connection would be needed, but it was not as high of a
priority as items 1 through 5 on the list. Mrs. Townshend stated that this item had
higher priority in prior years.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 30
7. Crawford Carroll Avenue Extension - The extension of Crawford Carroll
Avenue south toward the DSU campus becomes a more critical priority with
DSU’s lease of the Sheraton Hotel property. The extension of Crawford
Carroll Avenue will help avoid use of US Route 13 for local trips between
the Sheraton property and the DSU campus. This project is included in the
CTP.
Mrs. Townshend explained that in order to get from the former Sheraton Hotel to the
DSU campus proper, it is necessary to go out on Route 13. With legislative support,
sidewalks were installed so there was a safe way to walk, but there was still a need
for a non-Route 13 connection. Mrs. Townshend noted that if DSU were to move
forward with building a convocation center, it was possible that they may need to
build this road; therefore, it may not end up being a State-paid road.
8. Kings Highway/Route 13 Intersection Improvements - The intersection of
Kings Highway, US Route 13, and White Oak Road needs improvement to
meet an acceptable level of service standard. The current condition of the
intersection hinders redevelopment of properties in this vicinity. This project
is not in the CTP.
Mrs. Townshend explained that this intersection, near Dunkin’ Donuts, had problems
with its geometry and was failing. She noted that the ranking for this project had
dropped down a bit on the list, primarily because the City was in the process of a
Transportation Improvement District (TID) study and modeling was currently
underway for that. Mrs. Townshend stated that all improvements necessary along the
Route 13 and Bay Road corridor would be covered under the TID study. This would
not guarantee funding but, according to State law, once that study is complete and the
TID agreement is signed, a fee would be collected and those road improvements
would need to have a different priority in the State’s CTP.
9. US Route 13 Service Road Corridor - The construction of service roads along
US Route 13 is a project that will help to alleviate congestion on Route 13.
This project is not in the CTP.
Mrs. Townshend stated that this is an off-road system, mainly behind the Dover
International Speedway and Dover Mall, that would take traffic off Route 13 and
relieve some of the pressure points in this area. She indicated that this would be
looked at as part of the modeling that was in progress for the TID.
10. US Route 13 Sidewalk Construction - Construction of sidewalks along US 13
continues to be a priority. This project is not in the CTP. Construction of
sidewalks is required when properties develop.
Mrs. Townshend advised members that construction of sidewalks on Route 13 would
also be addressed through the TID. She indicated that at this point there were very
few sidewalk gaps on Route 13 and things seemed to be resolving themselves in this
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 31
regard through the development process. She noted that there were still a few key
pieces, stating that it would be great if DelDOT could come up with funds for this.
Mrs. Townshend advised members that, in addition to these projects, the City was
also in support of implementation of the Bicycle and Pedestrian Plans developed by
the MPO and approved by City Council in 2015. She expressed appreciation for the
construction of Capital City Trail segments by DelDOT and the active participation
on the part of DelDOT in the City’s efforts to make Dover more bicycle and
pedestrian friendly.
Mr. Sudler asked if financial assistance had been sought from 31st District
Representative Sean Lynn or 17th District Senator Brian Bushweller. Responding,
Mrs. Townshend indicated that community transportation fund dollars typically do
not go toward projects in the CTP, since CTP projects are larger than that pool of
money could cover. She noted that staff had reached out to the legislators in regard
to advocating for Dover to get some of these projects into the CTP. Mrs. Townshend
explained that, on the technical side, staff participates in the MPO, attends the
DelDOT CTP hearing, communicates with DelDOT, and also makes sure that the
City’s legislators know what the needs are.
Mayor Christiansen advised members that he and Kent County Levy Court Vice
President Brad Eaby sit on the MPO and champion projects that would be beneficial
to the City of Dover. He indicated that Levy Court Commissioner At-Large Terry
Pepper also seemed to support the City. Mayor Christiansen stated his opinion that
the City is well represented on the MPO.
The Committee recommended approval of the priority ranking for the coming year,
as recommended by staff.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
By consent agenda, Mr. Hare moved for acceptance of the Safety Advisory and Transportation
Committee Report, seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
REPORT - AUGUST 24, 2015
The Legislative, Finance, and Administration Committee met on August 24, 2015
with Chairman Hare presiding.
Transfer of Real Property from Delaware Civic Center Corporation to
Delaware State University
Mr. Scott Koenig, City Manager, advised that a request was received from Delaware
State University (DSU) regarding the transfer of property from the Delaware Civic
Center Corporation. He stated that he had a few requests related to this item;
however, he asked that the representatives from DSU speak first. Mr. Koenig
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 32
indicated that in January 2015, he, along with Mr. Kirby Hudson, Assistant City
Manager, former Council President David Bonar, and Mr. William Pepper, Deputy
City Solicitor, met by telephone with the representatives of DSU to talk about a
potential transfer of land and, since that time, the attorneys had been working on a
way to potentially make that happen.
Mr. Thomas Preston, DSU General Counsel, reviewed his letter to Council President
Slavin, dated August 11, 2015. He stated that approximately 13 years ago, the
ownership of three (3) parcels of land was transferred to the Delaware Civic Center
Corporation (DCCC). Mr. Preston informed members that approximately 41 acres
of that plot was owned by the City of Dover, and the City maintained a reversionary
interest which stipulated that if the DCCC did not use the property for building a
civic center within 10 years, the City could demand that the land revert back to the
City. He indicated that K.W. Lands, LLC donated a parcel of approximately
6.3 acres which had a similar reversionary interest. The last parcel was given in fee
simple, with no reversionary interest. Mr. Preston stated that the DCCC did not build
the civic center and, in fact, went out of existence.
Mr. Preston explained that DSU was committed to building that facility if they can
get the funding, noting that they are currently working on it; however, in order to
move forward, DSU needed to solidify the real estate portion. Mr. Preston stated that
DSU was asking the City to either waive its reversionary interest entirely or agree
that DSU has a certain period of time to try to raise the money to build a convocation
center. He noted that if it were built within that time, the reversionary interest would
expire.
Mr. Sudler asked what the DSU board of trustees’ most recent decision was in regard
to this matter. Responding, Mr. Preston stated that the board was in favor of this
matter; however, he explained that the board would be most interested when they
come up with financing. He noted that the board recognized that this is a facility that
would be tremendously additive to DSU, as well as Kent County and the City of
Dover.
Mr. Sudler asked how soon construction would begin if the City were to waive the
reversionary interest. In response, Mr. Preston stated that this would be a $57.5M
project and DSU was a long way from having that amount. He explained that DSU
was talking to people and there were some incredibly creative ideas being floated
around. Mr. Preston stated that they would like to believe that it would come to
fruition but he could not make a pledge.
Mr. Shevock questioned what type of building DSU planned to build on the property,
whether it would be an academic building or sports related. Responding, Mr. Preston
explained that the building would be a combination that would house a basketball
arena, volleyball, and those kinds of sports, and it would also have facilities around
the exterior of the building that would be academic. He stated that DSU was talking
to people about creating a health center that would use part of the facility as well, and
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 33
it would be designed to be easily used for conventions, trade shows, and the like.
The purpose underlying the building was to be very flexible and provide a facility
that does not exist anywhere else in Delaware, specifically in Kent or Sussex
counties.
Mr. Shevock asked if there would be a provision for some type of attachment to
DSU’s other properties. In response, Mr. Preston explained that approximately a
month and a half ago, DSU had discussions with the Delaware Department of
Transportation (DelDOT) regarding their plans for the extension of Crawford Carroll
Avenue. He stated that, assuming that it comes to pass at some point, Crawford
Carroll Avenue would be a connection and DSU would also plan to have a walking
path. Mr. Preston noted that DSU currently runs small buses up to the residence hall,
which used to be the Sheraton, and down Route 13; however, the idea would be to
get the traffic off of Route 13 if possible.
Mr. Anderson expressed his opinion that this would definitely be a positive addition
to the City. He noted that the land was in a good and valuable location and the City
should reclaim its interest. He questioned the possibility of a partnership with DSU
and the City regarding payment in lieu of taxes (PILOT) and issues of that nature if
the City were to transfer the property to DSU. Responding, Mr. Preston stated that
DSU would be happy to talk to the City about it; however, it was his hope that it
would not be linked to this particular transfer because it was his thought that these
were separate topics and ought to be discussed separately. Mr. Preston stated that
DSU understood the City’s concern about this and was prepared to talk at the City’s
convenience.
Ms. Maucher asked what funding sources had been identified and if Mr. Preston
expected to have issues similar to those that the City had in raising funds. In
response, Mr. Preston stated that they were not in a place with any of the potential
partners to say that they had identified any real sources. He explained that they had
looked at public/private partnerships all over the country that had built medical
buildings, hospitals, schools, etc., and they knew that this was possible. Mr. Preston
stated that they just have to find someone who is prepared to invest $60M in Kent
County in a convocation center, which was not the easiest deal to sell. He noted that
they were making some progress, and he was guardedly optimistic.
Referring to the other models that Mr. Preston had looked at, Ms. Maucher asked
what the timing was to obtain the funds. Responding, Mr. Preston stated that it
varied. While some of the big California universities have had a lot of money and a
lot of support and were able to put together a public/private partnership very quickly,
others had taken a great deal of time. He stated that some buildings would be easy
to build because there is cash flow immediately. With a residence hall, for example,
500 kids move in every year and may pay $9,000 a year for the room, which puts a
lot of bricks and mortar on the ground, but convocation centers are tougher.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 34
Members were provided the Delaware State University Convocation Center Final
Report, Delaware State University, Dover, Delaware, May 2014. Mr. Preston stated
that this feasibility study estimated that the proposed convocation center would have
between 144 and 170 events every year, only 40 percent of which would be DSU
related. He explained that it was difficult to estimate how many of those would be
free events versus those for which tickets would be sold. Mr. Preston stated that the
estimate for building operations was between $5.5M and $7.2M, which would be
significant for this economy. He indicated that the convocation center would result
in approximately 180 permanent jobs, as well as approximately 500 jobs during the
construction. Mr. Preston noted that, fiscally, this would be a big deal for Kent
County and Dover.
Mr. Sudler asked whether DSU had entertained the idea of giving the City of Dover
a discounted rate if the City needed to do something in that capacity. In response,
Mr. Preston stated that this had never come up; however, DSU facilities were
currently used frequently by the City as well as State and County organizations. He
indicated that typically contracts include a charge of $150 or $200 and he did not see
any reason why it would not be the same. Mr. Preston stated that the only caveat
would be that DSU would have to maintain the building and pay the light bill.
Mr. Hare noted that there was an electric transfer station on the property which the
DCCC was going to pay to have moved. He questioned whether it would need to be
moved for the proposed convocation center and, if so, whether the City or DSU
would pay have it moved. Responding, Mr. Preston stated that Mr. Hare was the first
to raise this issue; however, he explained that if DSU had a public/private partnership
deal, he did not think this would be a major problem. He indicated that it would need
to be moved and this would be done as part of the cost of putting up the building.
Mr. Hare expressed his opinion that due diligence had not yet been done by the City
to know what would be given away, noting that someone may be interested in
purchasing the land.
In response to Mr. Hare, Mr. Preston indicated that in 2001, the City was satisfied
that the benefits from having the civic center built, the jobs that it would create, and
the commercial traffic that it would generate would more than offset whatever the
value of the land was, noting that he did not have any reason to believe that the
analysis had changed since 2001. He stated that DSU did not have an appraisal of
the property and he did not know its worth.
Mr. Preston stated his understanding that there were issues with the property that
would need to be taken care of, noting that a major portion of it is fill, which would
impact the value. He expressed his opinion that the City had to consider whether
putting up a center that would result in 180 permanent jobs and between $5M and
$7M per year, would be worth more to the City in the long term than whatever this
particular 41 acres could be sold for.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 35
Mr. Hare asked for a breakdown of the 180 full-time positions that the center would
have. Noting that Mr. Preston indicated that the center would have 144 to 170 events
per year and some may be fee-paying events, Mr. Hare asked if there would be any
revenue to the City from taxes or anything like that. Responding, Mr. Preston stated
that there would certainly be revenue to the City from utilities, as there is from the
campus now. Noting that DSU pays almost $3.6M per year, he stated that the
amount would increase with the construction of a substantial new building.
Mr. Preston stated that they would not go forward with this project if they were not
satisfied that the spin-off, in terms of revenues, jobs, etc., more than outweighed the
cost of building it. He expressed his belief that this property would not be taxed any
more than the rest of the University’s property.
In response to Mr. Hare, Mr. Preston confirmed that the University’s property is not
taxed at all. He expressed hope that the City of Dover had concluded that having
DSU as a neighbor was profitable in ways other than tax revenue.
Mr. Koenig, referring to staff’s meeting with DSU in January, stated that the City
was interested in this concept from an administrative standpoint; however, he
explained that a couple of things had happened in the intervening time and the City
was under pressure in a number of different areas. Mr. Koenig stated that the City
wants to encourage development because it is desired that the economic base expand,
both in Dover and Kent County, and this would be a good project on many facets for
that. He noted that DSU was on the record as saying this would create utility revenue
for the City. Mr. Koenig advised members that there were three (3) separate parcels
which had been assessed in total at approximately $2.8M by the City’s tax
assessment office. He stated that all three (3) parcels were currently tax-exempt
because they were granted to the Civic Center Corporation.
Mr. Koenig informed members that since the January meeting with DSU, two (2)
things had happened which were very specific to this discussion. He reminded
members that State revenues and transfers to local governments are a big question for
the future. Mr. Koenig explained that it was important for the City to take advantage
of opportunities to discuss PILOT agreements or long-term partnerships where the
City receives revenue. He stated his understanding that DSU might not want to
couple these two (2) things together; however, he advised that this was really the time
to talk about it since DSU was now on record as saying that this facility would
generate additional income. Mr. Koenig indicated that unless these discussions begin
now, in the early stages, it would be difficult for the City to get DSU on the record
in the future. He advised members that the PILOT agreement was something that the
City was interested in; however, it had not been discussed with DSU prior to this
evening. Mr. Koenig stated that DSU had approximately $250M of assessed land
value in the City of Dover, which represents a huge economic investment in Dover.
Mr. Koenig noted that having the University inside the City limits provides many
advantages to the City; however, he reiterated that there was the issue of PILOT,
which the City had not discussed with them.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 36
Mr. Koenig stated that the second issue, which had come up in the last 10 days, was
related to potential solar fields on this property. He advised members that, under the
renewable portfolio standards, the City would be deficient in Solar Renewable
Energy Credits (SRECs) in the next couple of years. He explained that in January,
staff had not discussed what the City would do in the future for the next round of
these renewable energy sources. Referring to the Conceptual Site Plan on Page 16
of the Delaware State University Convocation Center Final Report, Delaware State
University, Dover, Delaware, May 2014, Mr. Koenig noted that the area labeled
future parking would be attractive to a solar developer for the location of a solar
field. He stated that the City would like to entertain that discussion with potential
solar developers for this part of the land, because this was the cap on the old landfill.
Mr. Koenig stated that the 40+ acres of land that the City owned was an inert landfill
that went through a closure exercise back in the mid-1990s. He explained that for the
last four (4) or five (5) years, the City of Dover had been paying a small amount for
the inspection of that cap to make sure that it stays in place and that the closure
documents stayed current, or green, while the Civic Center Corporation had been
defunct.
Mr. Koenig reiterated that the City has a need for future solar development and
advised that Mr. Harry Maloney, Electric Director, had indicated that this was a really
good area based on current technology whereby a solar developer can build a floating
field of solar power that would not be damaged by the differential sediment of the
landfill cap. Mr. Koenig stated that staff would like to bring this matter before City
Council as a discussion that the land labeled as future parking may potentially be
something that the City would like to pursue for solar fields. Although staff did not
currently know how much land would be needed for the solar fields, the rough
estimate was in the five (5) acre range, which would still leave a substantial amount
of land that the City would not have a future interest in.
Mr. Koenig advised that, from an administrative level, he would like to take the best
of all the discussions going forward. He explained that he would like to continue
discussing the potential transfer of the land, and evaluate whether a portion of this
land that is away from the convocation center could be redeveloped or developed as
a solar field through the City’s integrated resource plan that is about to go out for
proposals. Mr. Koenig stated that he would recommend that the City do the
reversion clause, in case DSU does not move forward with the project, so that the
City would have the potential to further evaluate this for either expansion of
renewables or some other development application that may happen in the future.
Mr. Shevock noted that the Conceptual Site Plan indicated that the City would
require 1,600 parking spaces for a 4,800-seat facility and that the proposal was
approximately 500 spaces short. It was his assumption that parking would go over
into the future parking area and he questioned how much of the future parking would
be used for a solar panel field.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 37
In response to Mr. Shevock, Mr. Koenig, noting that the Conceptual Site Plan
depicted the electric substation in its current location, stated that DSU did not
contemplate moving the electric substation, which would be substantially costly.
Mr. Koenig was unsure of the exact amount of land that would be needed for a solar
panel field or how it would impact DSU’s plan. He stated that the number of parking
spaces needed would depend on the event being held and could be worked out as the
City moves through design.
Mr. Shevock asked if a waiver request regarding the specified number of parking
spaces would come back to the City. Responding, Mr. Koenig stated that there could
potentially be a waiver, but that would have to be granted by the City’s Planning
Commission through the planning process.
Mr. Hutchison asked if DSU had a timetable related to construction for this project.
In response, Mr. Koenig noted that Mr. Preston said the sooner the better but that
they did not have funding arranged at this time.
In response to Mr. Hutchison, Mr. Preston stated that DSU would love to begin
construction tomorrow; however, they have to have the money and would not start
building without having identified the sources.
Mr. Hutchison stated that he loved what he saw, noting that it was very impressive
and long overdue for DSU. He expressed his hope that the City Manager, Economic
Development Office staff, and DSU would work together to develop an agreement.
Mr. Hutchison noted that there are many opportunities with the campus growing the
way it is.
Responding to Mr. Hosfelt, Mr. Koenig reiterated that the City’s parcel was
approximately 41.5 acres and estimated that the assessed value of this property was
approximately $2.4M. He reminded members that it should be taken into
consideration that this was a landfill and not highway frontage.
Mr. Hosfelt was not sure whether giving away $2.4M of land was the best idea with
the current state of the City. He expressed his opinion that this somehow needed to
be tied to PILOT. Mr. Hosfelt noted that members had discussed how much the land
was worth, the area that it takes up within the City, and the fact that this project
would have an impact on City services, such as the police department, fire
department, ambulance service, etc. He stated that it was going to have more of an
impact than just paying those fees. Mr. Hosfelt thought that, going forward and
especially if this would be a money-making venture for the University, it would not
make sense for the City to give away $2.4M worth of land.
Mr. Hare stated that he spoke to someone from DSU earlier in the day who said that
after Labor Day the City was welcome to come out and have a conversation with
Dr. Williams. Mr. Hare reiterated that he did not believe that the City should make
a decision without more information.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 38
Ms. Maucher asked if DSU felt that they could not move forward without title to the
land or if there could be some type of agreement that once certain goals are met by
DSU, the land could be transferred. She was concerned that DSU could have the
same fundraising issues as the DCCC and the property could sit for another 13 years
without being utilized.
In response to Ms. Maucher, Mr. Preston stated that, under the best circumstances,
raising the amount of money required to construct the proposed building would be
a challenge, and he did not have any problem with the City maintaining the
reversionary interest. He explained that it would be difficult to move forward when
he could not tell a potential partner that DSU had the land and show them what it
looked like. Mr. Preston stated that DSU had to start the process with the foundation,
which was the land.
Ms. Maucher asked how long a reversionary period DSU would want, whether it
would be another 10 years or if five (5) years would be sufficient, with an option to
extend. Responding, Mr. Preston stated that the City of Dover was DSU’s partner
and DSU would work with the City. He explained that if five (5) years with an
option for another five (5) was the way the City wanted to go, DSU would be happy
to discuss it. Mr. Preston stated that the problem was that there was no money in the
State coffers and he did not think the State would be in a position to build a $57M
building any time in the reasonable future. He indicated that DSU had to be
completely different and creative, and that process was taking some time, noting that
DSU had been talking to people for at least a year; however, he did not have anything
he could put on the table. Mr. Preston stated that DSU had a terrific person helping
them and they were confident that they would get it done, but it could easily be
another five (5) years.
Mr. Sudler asked what the largest amount was that DSU had raised, and in what
amount of time they had raised it. In response, Mr. Preston stated that DSU was in
the midst of its most successful capital drive in the 125-year history of the University.
He indicated that DSU targeted $20M, and he believed they were at $16.5M in two-
and-one-half years. Mr. Preston explained that this capital drive was targeted for
scholarships.
Mr. Anderson expressed his support for this concept and stated that the City needed
to reclaim its interest in the property and discuss this matter to determine where the
City was going. He was not sure of the feasibility of a solar park and whether this
would be an ideal place for it with the building around it and all of the trees.
Mr. Anderson thought that the City Manager needed more time to evaluate the
options and suggested that perhaps this item could be discussed in three (3) to six (6)
weeks.
Council President Slavin thanked Mr. Preston and his team from DSU for briefing
members on this project. He also thanked members for expressing their concerns,
which he thought were well founded and well communicated. Mr. Slavin stated that
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 39
this was the period of due diligence that was needed, noting that there would be many
ways of meeting all of these interests, noting that he had not heard any opposition to
the idea of bringing in additional jobs or to the status and prestige that a convocation
center would have for the region and DSU.
Mr. Hare reiterated his concerns regarding the current state of the City and the
possibility of giving $2.4M worth of the land to DSU to build a $60M convocation
center. He informed members that DSU currently had $259M worth of tax-free
property in the City and the State of Delaware had $280M worth of such property in
the City. This proposal would increase DSU’s amount to more than $300M and
result in DSU having more tax-free property in the City than the State of Delaware
has. Mr. Hare expressed his opinion that more due diligence needed to be done to
justify to the citizens why the City would give 41+ acres of land to DSU, while the
citizens would pay more taxes because DSU does not pay any.
Mr. Sudler moved to continue conversation and information gathering from Delaware
State University (DSU), as well as the City Manager, and for DSU to come back and
give another presentation in regard to how they could economically benefit both the
City and DSU. The motion was seconded by Mr. Cole.
Responding to Mr. Hare, Mr. Sudler and Mr. Cole agreed to stipulate that this item
be considered at the first meeting in October.
The Committee recommended continuing conversation and information gathering
from Delaware State University (DSU), as well as the City Manager, and for DSU
to come back at the first meeting in October and give another presentation in regard
to how they could economically benefit both the City and DSU.
By consent agenda, Mr. Hare moved for approval of the Committee's recommendation,
seconded by Mr. Hosfelt and carried by a unanimous roll call vote.
Referring to the Delaware State University (DSU) convocation center,
Mr. Bill Neaton, Economic Development Manager, noted that the City’s Economic
Development Office had been working with DSU since the first day that their plan
came out. He noted that the Economic Development Office, the State legislators, and
the Chamber of Commerce were all part of the feasibility study that was funded by
the State for the convocation center. Mr. Neaton informed members that a number
of locations were considered prior to coming up with the proposed location and, due
to the proximity to the University, the size of the parcel of land, and the parking area,
this one (1) far exceeded every other parcel of land that was examined.
Semi-Annual Review - Statistics Regarding Jobs and Businesses Gained and
Lost in the City of Dover Since January 2015 (Deferred by Committee on
August 10, 2015 Due to Time Constraints)
Mr. Bill Neaton, Economic Development Manager, reviewed statistics regarding the
City of Dover top employers, noting that DSU was one (1) of the larger employers
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 40
in the City of Dover, with approximately 1,000 full-time and part-time employees.
He noted that they continued to expand their programs, and the Optical Science
Center for Applied Research (OSCAR) was about to open. Mr. Neaton stated that
DSU continued to expand and create a base in the City of Dover that is a Center of
Excellence, and the City was pleased to partner with the University.
Mr. Neaton informed members that Bayhealth continued to expand and had added
approximately 100 employees since January 29, 2015, which would continue to
increase. Bayhealth had purchased property south of Milford, where they would be
building a health campus at a projected cost of between $250M and $275M.
Mr. Neaton stated that Bayhealth was continuing to purchase physician practices
which would also increase their employee base.
Mr. Neaton stated that Dover Air Force Base continued to remain stable. He
explained that the City of Dover was currently involved in a community partnership
initiative with Dover Air Force Base, to assist the Base in reducing their costs so they
could remain a viable partner in the City of Dover. Mr. Neaton stated that the City
of Dover, residents, and Dover Air Force Base have a really unique relationship,
noting that those at the Base who have lived in other places say that it is probably the
best relationship of any community and military base in the country. He reminded
members that several awards had been won for having that kind of relationship. Staff
continued to meet with Dover Air Force Base, and the next partnership initiative
meeting would be held later in the week.
Mr. Neaton explained that Edgewell, formerly known as Playtex and then Energizer,
was now a separate corporation from Energizer, with their own letters on the stock
exchange. Edgewell is the leading edge concentrating on well-being. Mr. Neaton
informed members that Edgewell was continuing to retrofit their plant in Dover, and
their engineer advised Mr. Neaton that they were on schedule to complete the project
in 2017 and transfer all of their feminine care manufacturing from Canada to Dover,
which would provide several hundred jobs in Dover.
Mr. Neaton reminded members of the Kraft Foods and Heinz merger, which resulted
in the loss of 2,500 jobs in the company. He stated that the day that this was
announced, he and the Mayor made contact with the plant manager at Kraft Foods,
who was cautiously optimistic that they would not see a major impact in these job
cuts. Mr. Neaton stated that Kraft was lean and mean at the levels of management,
and was manufacturing products that nobody else in the country manufactures. He
advised that he, the Mayor, and the City Manager would be meeting with the plant
manager on Friday morning to discuss what is necessary for the City to assist Kraft
in moving forward. Mr. Neaton indicated that they are truly a great partner to have
in the City of Dover, and staff maintained almost monthly contact with them. He
advised that when he called Kraft regarding the City’s need for water for this year’s
Comicon at the Dover Public Library, they donated 5,000 bottles of water.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 41
Mr. Neaton noted that Procter & Gamble, another great partner for the City, had
remained steady and was preparing to celebrate their 40th anniversary.
Mr. Neaton advised members that Wesley College had a new president, Mr. Clark,
who is a very progressive thinker. Mr. Neaton expressed his opinion that Mr. Clark
would do great things for Wesley College.
Mr. Neaton stated that Hirsh Industries was a silent little business located on the
northern edge of Dover that takes rolled steel and manufactures filing cabinets and,
last year Hirsh manufactured approximately one (1) million filing cabinets.
Mr. Neaton informed members that he and the Mayor met with Hirsh last month to
discuss some concerns and problems they were experiencing. Hirsh asked for
assistance from a few City departments, and the City responded almost immediately
to their requests. Mr. Neaton advised members that the City was continuing to assist
Hirsh with their warehousing. They had discussed expanding and met with the City
Planner last week. Mr. Neaton stated that Hirsh discussed abandoning a lift station
and going into gravity feed into the sewer system; however, it was his understanding
that they were not going to do this because it would be too costly. He noted that the
Public Works Department, Planning Office, and Mayor’s Office had been working
very closely to assist Hirsh.
Mr. Hutchison noted that Kraft Foods had expressed concerns regarding the high cost
of electricity and asked if that would be part of Mr. Neaton’s discussions.
Responding, Mr. Neaton informed members that a meeting was scheduled for Friday,
August 28, 2015 to discuss various issues, which he thought would include the cost
of utilities.
Mr. Anderson asked what the current unemployment rate was for the City. In
response, Mr. Neaton stated that he did not know the current unemployment rate for
the City but he would forward it to Mr. Anderson. Mr. Neaton noted that it had
remained fairly stable over the last few months but was a little higher than the State
level.
Mr. Anderson asked if Mr. Neaton had heard any concerns from Dover’s major
employers other than those in regard to commercial utility rates. Responding,
Mr. Neaton indicated that commercial utility rates were probably the greatest
concern. He stated that they are pleased with staff’s response time to their requests.
For example, Mr. Neaton advised that Kraft Foods experienced power problems in
their yard last year and the plant manager and the City worked very quickly to resolve
their problems.
Mr. Anderson stated that he had also heard concerns regarding commercial utility
rates, particularly with the small three (3) percent increase included in the FY 2016
Budget.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 42
Referring to Edgewell, Mr. Anderson noted that there was a plan to significantly
increase the jobs at the Energizer/Playtex plant, by at least 50 percent, over the next
several years and asked if there were any changes to that plan, with the spin-off of
Edgewell. In response, Mr. Neaton advised members that Edgewell was still on
board with that plan. They are in the process of shutting down their plant in Canada
and those jobs will come to Dover, which will result in the 50 percent increase.
Mr. Neaton stated that there was some plastic container manufacturing at the Dover
plant which had between 40 and 45 jobs, and the City attempted to keep those jobs
in Dover; however, that manufacturing was unfortunately transferred to Connecticut.
He explained that they already had a clean room setup in Connecticut and it would
have cost them approximately $2M more to build a clean room in Dover.
Referring to the new shopping facility near Sam’s Club, Mr. Anderson asked if there
was a time frame for the five (5) stores, and how the facility would impact
employment and the value of the City’s investment in that area. Responding,
Mr. Neaton advised that he had weekly contact with Mr. Dean Pletz, Vice President
of The Onyx Group, which is doing that project. He noted that they expect to have
the first store completed sometime in January or February 2016. Mr. Neaton
indicated his understanding that the first store would be Petco. The Onyx Group
expected the rest of their project to be complete early next year. As far as
employment, Mr. Neaton stated that he could not guess at the numbers; however,
with five (5) retail stores and a restaurant, he indicated that it could possibly be in the
hundreds of employees.
Mr. Neaton advised members that the projected completion date for the Produce
Junction Store was the end of September or the first of October 2015. He believed
that they would employ approximately 60 to 70 people. In response to Mr. Hare,
Mr. Neaton stated that the Produce Junction Store would be located at the former
Office Max site.
Responding to Mr. Anderson, Mr. Neaton stated that the City’s incentives had
absolutely impacted these developments and had a very positive effect in bringing
people into Dover.
Mayor Christiansen reiterated that City staff would be meeting with 20 of Dover’s
largest utility users on Friday, August 28, 2015. He stated that the meeting was
facilitated at the request of the Chamber of Commerce and employers were invited
to attend. Mayor Christiansen noted that the Chamber was working in tandem with
the City’s Economic Development Office and the City Manager’s Office to guarantee
that these employers would let the City know the issues that they are having, the
hardships that they face, and how the City needs to protect the jobs currently in place,
as well as bring new jobs to the City.
Responding to Mr. Hare, Mr. Neaton informed members that the former K-Mart is
owned by people in Cleveland, Ohio and they have a tenant. He stated that he had
spoken to them approximately one (1) month ago and they had submitted a plan to
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 43
the Delaware Department of Transportation (DelDOT) regarding additional entrances
and exits. Once that is approved, they would be able to announce who the potential
tenant is. Mr. Neaton explained that he had seen the plans for the facility, which
include additional landscaping and islands in the parking lot. He stated that the plans
also included landscaping along Route 13, as part of the beautification of Route 13.
In response to Mr. Sudler, Mr. Neaton explained that the five (5) new retail stores
would be located on the site of the former Walmart and would include Ross Dress
for Less, Petco, and Five Below. He stated that there would also be an Outback
Steakhouse built on a pad site at that location.
By consent agenda, Mr. Hare moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mr. Hosfelt and carried by a unanimous roll
call vote.
MONTHLY REPORTS - JULY 2015
By motion of Mr. Hare, seconded by Mr. Hosfelt, 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
REQUEST FOR AUTHORIZATION TO REIMBURSE KENT COUNTY LEVY COURT -
WATER MAIN DIAMETER INCREASE
Mr. Scott Koenig, City Manager, informed members that in the spring of 2014, Kent County Levy
Court staff met with the City of Dover to discuss a new project entitled the Kent County Recreation
Center. The location of this project is on New Burton Road, south of Webbs Lane, which is not
within City of Dover boundaries. In order to provide potable water to the site, Kent County Levy
Court proposed to extend a City-owned water main from Webbs Lane south within New Burton
Road to their site, approximately 2,700 linear feet. This main would be within State of Delaware
right-of-way and would ultimately become the City of Dover’s to maintain. The design calculations
from the project engineer showed that an eight-inch (8") water main would be sufficient to provide
proper domestic and fire water for the project. The City of Dover requested that the water main be
increased to a twelve-inch (12") diameter; as this would provide the City opportunity for system
expansion in the future.
City staff reviewed the cost differential and believes it to be a fair market value. Based on the
information, Staff recommends authorization to reimburse Kent County Levy Court $30,000 for the
increased diameter water main that is currently being installed to serve the Kent County Recreation
Building on New Burton Road.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 44
Mr. Neil moved for approval of Staff’s recommendation, seconded by Mr. Anderson and
carried by a roll call vote of eight (8) yes and one (1) absent (Hutchison).
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Hare advised that a tree fell on Lockerman Street and a Second District constituent called the
24 hour hotline to report it. He stated that someone showed up very promptly to evaluate the
situation and a crew arrived the following morning to remove the tree. Mr. Hare stated that when
they were done, you would never have known they were there. He noted that the constituent was
very happy with the City’s service and requested that Mr. Koenig relay that to Mrs. Duca and the
grounds crew.
Mayor Christiansen advised that on September 18, 2015 in the Council Chambers, he, along with
the working group that he’s been engaged with on the Mayor’s challenge to end homelessness, will
celebrate their 200th day of the challenge initiated by the US Department of Housing and Urban
Development. He noted that they would be making a grand announcement of how many homeless
veterans and their families they have housed. Mayor Christiansen stated that this issue is very dear
to him and it is his hope that City Council members will join them on Friday at 10:30 a.m., as they
are making progress on ending the homeless issue for the people that have served our country.
Mayor Christiansen announced that, working in conjunction with the Interdenominational Ministerial
Alliance, there will be a job fair at the Dover Public Library on September 31, 2015 from 11:00 a.m.
to 1:00 p.m.
Mr. Neil wished the Jewish members of the City of Dover a very happy new year, which began the
prior evening.
Mr. Anderson reminded members of the APEX Pardons and Expungement Program which is
available every Monday in the library, noting that is has been very successful.
Mr. Anderson reminded members of the Economic Summit being held on September 22, 2015 at
Delaware Tech.
Mr. Sudler thanked the 40-50 constituents in the Fourth District and surrounding districts who came
out to voice their opinions about the current form of government and reorganizing and restructuring
the current form of government. He challenged all 38,000 constituents of the City of Dover to come
out and voice their opinions about the topic.
Mr. Sudler thanked Second District Councilmen Hare and Lewis for reaching out to their
constituents in regard to the form of government. He noted that a Special Council meeting was
scheduled for Wednesday, September 16, 2015 at 6:00 p.m. to obtain public input on the subject.
Mr. Lewis advised that he and Councilman Hare had a community meeting on Saturday and it was
very well received by the residents. He thought it was very informative and he thanked the people
for coming out.
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CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 PAGE 45
Mr. Hare moved for adjournment, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 7:46 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 14, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\09-14-2015.wpd
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SPECIAL COUNCIL MEETING
The Special Council Meeting was held on September 16, 2015 at 6:00 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson (arrived at 6:41 p.m.), Mr. Sudler,
Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Hosfelt, Mr. Hare, and Mr. Hutchison.
Council staff members present were Mrs. Mitchell, Mr. Koenig, Mrs. Townshend, City Solicitor
Rodriguez, and Mrs. McDowell. Police Chief Bernat and Fire Chief Hall were absent.
Mayor Christiansen was also present.
The invocation was given by Councilman Sudler, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Sudler and unanimously
carried.
PUBLIC HEARING - FORM OF GOVERNMENT AND REPORTING STRUCTURE
During the Regular City Council meeting of July 27, 2015, members considered Proposed
Amendments to the City of Dover Code of Ordinances - Chapter 2 -Administration, Article IV -
Officers and Employees, Division 4 -Controller/Treasurer and Division 5 - City Clerk; Chapter 54 -
Health and Sanitation, Article I - In General, Section 54-1 - Health Inspector Generally; Chapter 82
- Planning, Section 82-2 - City Planner; and Chapter 102 - Taxation, Article I - In General,
Section 102-3 - Administrative reporting. At that time, it was the decision of Council to schedule
a special meeting, without a time limit, to allow for further discussion of the reorganization of the
City.
During the Special Council meeting of September 16, 2015, Council President Slavin read the
following statement:
Before we open that public hearing up, I wanted to provide some commentary as far
as what has brought us to this point. This issue, as many of you are aware, has had
a long and tortured path through the previous Council, as well as into the beginning
of this Council that was seated this past May. During that time, I’ve been involved
in many discussions. No consensus has emerged. The alternatives have proven
confusing to the electorate. The actions, in some cases, that we took as Council were
contradictory, and we confused the public and they lost trust in us on this issue. I
say this as a word of caution as we head down this path again, and what do I mean?
You, as a Council, certainly have a right with a majority vote to take whatever
actions you decide. I said when I was elected Council President by all of you that
my position was to facilitate the meeting, not to serve as president of the City but
simply facilitate. My caution is that a voter’s trust is earned; it is not automatic. We
have lost that trust on this issue previously, and I’m a little concerned that we’re
heading down that road again. As a Council we voted on August 24th to let things
be – to leave the form of government where it is, to get on with the running of this
City, but we also had a commitment on the table to hold this open hearing and we
want to honor that commitment this evening.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 2
I would ask if a Council member or members feel that they have a change in
government that is needed that they have identified, in order to avoid the confusion
that we’ve had in the past, I’d ask you to put together the following, certainly not this
evening but as we go forward, to put together the following points to your proposal:
Are any policy or program changes needed by the City? Are there any ordinance
changes? And all ordinance changes should be identified. Are there charter
changes? And all the charter changes should be identified. Just so you know, there
are different ways of changing the form of government. Different parts of
government are touched by different parts. Some are touched by policy documents.
Some are touched by ordinances. Some are touched by charter changes. Does the
form of government that is proposed involve any changes to the consent decree,
which governs how we organize as a government? What is the fiscal impact of the
change? What would the timeline be for the implementation? And whether or not
you expect to include a referendum of taxpayers and to get their opinions that way.
Another word of caution is, I think we do a disservice to our constituents and to our
taxpayers if we continue to use vague terms to describe alternatives. Strong Council
and strong Mayor have been used so much to define so many different alternatives
that the terms have been diluted to the point that they have no meaning, or worse,
they mean many things to many people. So, let’s be very careful about the
alternatives that we put forward and explain them in detail.
This entire discussion about the form of government was really a problem of our own
making when it was initiated. This is not something that bubbled up from the
taxpayers. This was, quite frankly and candidly, an inside conversation in the wake
of actions that a previous Mayor had done that some did not like. We need to get on
to the business of running our City effectively and, while we talk about how to
arrange boxes on a piece of paper, how to construct our organizational charts, we
still have a City where we have 18, 19 and 20-year-old young men who make a living
by tucking a gun in their belt and running around our City using illegal activities.
We still have a City where an addiction rate to opiates continues to grow, and we
still have a City where our quality of life is being eroded day by day. I would put
forward that we need to run the City, not just talk about running it.
I look forward to hearing from all of our speakers tonight and I’ll be open and keep
an open mind to their comments, but you should know also that, since May, I have
listened to hundreds of people in neighborhood associations, in living rooms, in
district meetings, at grocery stores where people find me or I find them, and I have
to tell you that the vast majority, their opinion is, they really don’t care how
government is formed, they just want it to be effective. I want my City to be run
effectively, I have to agree.
In response to Mr. Slavin’s request for comments from members of Council, Mr. Sudler stated, for
the record, that the Fourth District held a community meeting in regard to this matter and
disseminated a survey. He advised members that 39 subjects completed the survey, the majority of
whom wanted a strong Mayor form of government. Mr. Sudler stated that he would provide Council
with a copy of each of those surveys to be reviewed at a later date.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 3
Mr. Lewis advised members that the Second District also had a community meeting and surveys
were distributed, noting that he had 18 complete surveys and additional members of the public had
indicated that they would like to turn surveys in at a later date. From what he had heard thus far,
responses had been split as far as what kind of government members of the public want.
Mr. Hosfelt stated that in the First District, he used social media, both Facebook and his home email,
to conduct a survey that included three (3) or four (4) questions regarding a “strong Mayor” or
“strong City Manager” form of government. Mr. Hosfelt advised members that the majority of
constituents in the First District who responded just wanted to see Council act appropriately and
continue with the City’s current form of government.
Mr. Neil stated that he and Councilman Cole emailed extensively, made phone calls extensively, and
met with a very erudite and articulate group of residents in the Third District. He indicated that the
basic response was if it’s not broken, don’t fix it. Mr. Neil requested to reserve time for comments
at the end of the meeting to further elaborate on the concerns in terms of what government is.
As a follow-up to Mr. Lewis’ comments, Mr. Hare confirmed that there was a mix at the Second
District meeting on Saturday. In the interim he had been knocking on doors and talking to people
in the Second District. He indicated that the feeling of the people of the Second District was pretty
much what Councilmen Neil and Hosfelt had said – if it was working the way it was, just leave it
alone. Mr. Hare stated that the people of the Second District kind of like the way it is right now.
He stated that this was probably representative of about 50 to 60 people.
Mr. Hutchison stated that those that he had the opportunity to speak with expressed pretty much what
had already been said, if it’s not broke, leave it alone.
Mr. Slavin invited members of the public to come forward, noting that comments would be limited
to three (3) minutes.
Mr. Edward Christian, 9 Pennwood Drive, stated that a motion was passed during the City Council
meeting held in July or August that there would be no time limit. Responding, Mr. Slavin advised
that the motion passed during the Regular City Council meeting of July 27, 2015 was that there
would be no time limit to the length of the meeting. Mr. Slavin explained that, in order to
accommodate the number of people present, comments would be limited to three (3) minutes.
Mr. Christian inquired, if he was stopped at three (3) minutes, whether he could return at the end to
finish, and Mr. Slavin stated that Council would try.
The following individuals came forward to speak:
Mr. Edward Christian:
All glory, honor, praise and thanksgiving to the creator of earth. My name is
Edward Thomas Christian. Jr. I reside at 9 Pennwood Drive, Dover, Delaware.
First, I wish to thank the ladies in the office of the City Clerk, who were so kindly
helpful to me so I would not make a complete fool of myself at this time.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 4
To those Council members who say their constituents will tell us what they want:
2015 elections, City Council/Mayor, 10% turnout; school board, 3% percent turnout.
Please rethink that thought. We will tell you what we want based on our comfort
zones and on our unconscious ignorance, which is based on what we feel and what
we think. From constituents – public comments input – yes; from my elected officials
– decisions – yes.
Dikembe Mutombo, who played 18 seasons in the NBA, wagged his index finger
when he blocked his opponent’s shot, as to say no, no, not here. When it comes to
this subject of form of government and structure of government for the City of Dover
and you will vote how your constituents tell you. For let us recall how citizens
offered input in the long, overdue recognition of Dr. Martin Luther King, Jr. by the
City of Dover. Your decision making, spearheaded by Councilmen Adam Perza,
whom I titled the brain trust of City Council, was magnificent and your constituents
awed, pleased, and happy. Again, we should call on and need your wise decision
making. Please slow your roll on this vital issue.
There are five new council members, one who served on the Legislative, Finance and
Administration Committee – to me, the most important City Council committee, one
former police chief who participated in numerous City Council meetings. I know not
of the experience of the remaining three in regards to attending City Council
meetings or participating on committees of City Council. You have three veteran
Council members – two to my right and one to my left, who is absent. You have the
Council President, who I’ve titled the brain in the chamber, sits in front of us.
Council members representing Districts Four and Two had community meetings, in
which one district admitted that they were not knowledgeable enough about this
issue, and the other district spent the majority of time on public safety and law
enforcement. The citizens appreciate the meetings and see the need to have more.
Two citizens see the need to have more younger people involved, because what
happens when the older people decrease their involvement. The staff members sitting
in front of us know their business. The Chief of Police, who was trained in public
safety and law enforcement, hold him and his department accountable – yes.
Managed/supervised by one person. Consider having a citizen advisory committee,
headed by the Mayor, to meet with the Police Chief once, twice a month to foster
better community/police relationships and to advise both parties.
The City Manager just last year recommend budgetary points and a plan. You only
heard that time and voted to save citizens what they wanted – small dollar bills. The
City Manager collected his documents, shrugged his shoulders, and stated he would
return this year. He returned this year needing more dollar bills. You listened this
time and had to give more. You will see if the reduction by $1M was a prudent move.
Please do not do what our State legislators do/did. They play politics by taking
money from deserving citizens to plug your hole in the dike.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 5
Food for thought: please do not decide by fear of what happened to other cities. Put
in place proper checks and balances to ensure good control and accountability.
This Council, present and past, remains handcuffed by what happened in 1980 and
2006 – personality clashes among former directors, department heads, and city
managers. Due to these clashes and power struggles between City Council and its
former City Manager, you have city departments, staff who work at least 160 hours
per month responding to City Council who do spend considerably fewer hours per
month on City affairs and do not have the required expertise.
Do you have a solid handle on duties and responsibilities for the Assistant City
Manager?
We have two competent individuals who know their business, current City Manager
and current Mayor who served on City Council 18 years before being elected Mayor.
Yet someone or somebodies want to greatly increase duties and responsibilities of
the Mayor. At what cost? We have what some people consider highly paid City
Manager and Assistant City Manager. In the future, how many qualified and
competent individuals will want to be Mayor with a heavy work load and receive
50% or less of what the City Manager or Assistant City Manager are receiving.
Has anyone met with the person who, in this chamber, stated that he was open to
discuss the consent decree of 1988? There is a great need to revisit the City Charter
of 1929, City of Dover Code and City ordinances relating to form and structure of
City government. This is 2015, and those documents need an upgrade. Let us not
live in the past, but learn from the past. Exhibit #1, Option B presents a problem to
this body. Please give due consideration to Exhibit #1, Option D. In this, the Mayor
could perform ceremonial functions, attend City committee and community meetings
for input, interact with citizens, employees and consult with the City Manager
regularly. Just food for thought. Thank you. [City Clerk’s Office Note:
Mr. Christian presented his statement in two (2), three (3) minute segments.]
Mayor Robin Christiansen:
Members of Council. Citizens of the City of Dover.
We have all heard voices in our community talking about a strong Mayor or a strong
City Council.
In reality, we do not have to choose between one or the other.
We need and must have both a strong City Council and a strong Mayor. Why?
Because both provide very different functions and both must continue to serve the
people of Dover in their own unique ways.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 6
I think we all agree that the Mayor and Council have separate and distinct
responsibilities, as well as some shared duties. Proper governance of the City
requires a delicate balance with each office operating at a high level of efficiency
and performance. It is exactly that system of checks and balances between the two
offices which provides dynamic and effective governance, while lessening the danger
of one dimensional or highly personalized leadership.
With that in mind, does anybody really want a weak City Council? I don’t think so.
Does anybody want a weak Mayor? I don’t think so. That would not serve our City
well.
As we have seen many times in our City’s history, what works best for Dover is a
strong Mayor and a strong Council, working together to guide the fortunes of the
City into the 21st Century.
We have come a long way, almost a century, since Wallace Woodford went from
being Dover’s last Town Council President to becoming our first Mayor. He
presided over Council and saw to the daily operations of the City via the City
Manager.
As the City grew, we had other notably strong chief executives, Judge William Storey,
Mayor Charles Legates, Jack Richter, Jim Hutchison, and the Mayor who did the
most to prepare Dover for this century, Crawford Carroll.
And now that the future is here, we need to move forward again. We need a 21st
Century government for our City to evolve and grow. Crawford Carroll may have
brought this City out of it’s childhood, so to speak, but Dover needs to finish the job
to reach the reality of what it wants to be when it grows up. Because the future will
not wait for us.
With that in mind, let me share with you a short version, the very short version, of
how I envision the roles of Mayor and Council.
The Mayor’s role is that of a Chief Executive Officer of the City, implementing the
City Council’s strategic plans and budget objectives, and directing the day-to-day
operations of the City in conjunction with the City Manager.
The City Council’s role is to develop those strategic plans for the City, design and
implement a sound budget, and provide oversight for City Government Operations.
I believe the details of these roles will flow naturally from this general outline.
However, this is neither the time nor the place to go into great detail on a
comprehensive reorganizational plan, nor comment on the plan at this time. I thank
you for your indulgence and I thank the public for participating in this forum.
[City Clerk’s Office Note: Mayor Christiansen presented his statement in two (2),
three (3) minute segments.]
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 7
Mr. Ron Harmon, 1427 New Burton Road:
I am a resident of the City of Dover and property owner for 51 years, business owner
for around 30 years. I’ve seen a lot of changes in this City. I was a telephone man
for 35 years and I’ve watched it grow. The only thing that I really have to say is, I
know that elections doesn’t turn out a lot of people, but there’s only two people in
this room that run City-wide, that’s the Mayor and the Councilman At-Large. The
people elected the Mayor to serve them and his job in this City should not be
diminished whatsoever by a Council. The citizens wanted him to be Mayor. They
elected him when it was a strong Mayor type of government, and my opinion is we’ve
got a good man there, I know the problems that happened with the previous Mayor,
but I’ve known Robin for a long time and I’‘e known quite a few Councilmen for a
long time, so I think that you should kind of leave it alone and make everything work
better for the citizens of Dover.
I’m a businessman down on the south side of town, and most of you probably don’t
know what my business is. But I’ve been down there for 15 years and my wife was
down there for 15 years before that. We kind of lay low; we don’t get too much
involved in stuff, but I read the papers and I know what goes on and, like I said, I
think that what you have has been working and I think you can make it work better
for us. Thank you.
Mr. Fred Tolbert, 35 Karen Place:
Mr. Chairman, thank you very much for allowing me to address this body. I live in
Dover and I’m a property owner. I have recommendation for the type of form of city
government. Changes with respect to the form and type of city government together
with it’s operation methodology are long overdue. The long-term lack of citizen
interest in local government is undeniably indicative of a serious lack of
understanding of the appropriate function and need for sound governance. The
consequences of insufficient governance are significantly higher cost for services and
operations, which are evident in taxes and fees.
Examples of government missteps are as follows: Negative consequences of
government inefficiencies are readily evidenced in the review of the Schutte Park
fiasco. You may recall the original costly plan was presented to the voters for their
approval or rejection. The vote was rejected, the grandiose and costly Schutte Park
recreation plan. The City retained the recreation plan; however, it was scaled
down somewhat and approved without any voter input. The new plan was renamed
John Pitts Recreation Center and it was built. This event completely ignored the
broader need for recreational services in the City, which were evidenced by the
public outcry for the White Oak Park recreation facility. The Dover Library fiasco
was a cause for voters to remove some of the elected officials and an appointed
official.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 8
Dover property owners are obligated to pay property taxes to the Capital School
District, Kent County, and the City of Dover. On the face of this triple obligation,
one can see that property owners are hit unnecessarily hard each time one of the
taxing entities choose to raise property taxes, as occurred with the new Capital
School District Dover High School. Distressed neighborhoods exist in Dover
without little action on the part of the local government to properly and effectively
address the problem. I might add that these projects, before they were ever built,
were predicted to be a failure, and that was back in the late 30's, but they were built
anyhow, all over the country and every one of them have been a failure. Most of the
cities around have done away with these projects and they’re doing other things. I
won’t bore you with all that I’ve got, but I’m recommending that we form a panel of
knowledgeable people to deal with this issue and then make a report to City Council
and then you’d have something to deal with that’s knowledgeable and correct.
Thank you.
Ms. Joan Denney, 350 North State Street:
I’ve been here before, and I have received correspondence and had conversations
with some of the Council, so I don’t think it’s really important for me to stand here
and go over everything I said the last time I appeared, but I just want to, number one,
I’m hoping that some point this evening my original letter, though this is not about
charter change, will be read. But the other thing is, I believe in my heart of hearts
that what we’re all talking about ended up being, whether it be the charter change
or just the designation of how we run the City, is a knee-jerk reaction to something
that happened. It just happened and people think, oh what are we going to do, how
are going to not have this happen again, and then everybody gets together and they
vote, and they don’t vote, and then they vote again, and then they change it. The
bottom line is, it’s a knee-jerk reaction and government should not operate on
knee-jerk reaction.
I believe, in my heart of hearts, our charter, the way we have governed has served
us well for many years and I think it should remain the same. I think that we should
rely on our Mayor and our Council to make decisions. I don’t vote on a City Clerk.
I don’t vote on a City Manager. I vote for the people who I choose to represent me -
Mayor and Council. Thank you.
Mr. Phil McDonald, Sr., 907 Townsend Boulevard:
I apologize if I’m not erudite and sometimes I’m not very articulate. Point being, I
don’t think you contacted me at any particular time, although people know that I
write every once in a while and everyone of you have been offered my house. I have
visited with the Mayor in his office.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 9
My taxes are paid. The one or two times that I’ve gotten a traffic ticket, I went
straight down and paid it. I’m 77 years of age. As a fourth-year college student in
Bluefield, West Virginia, I first voted. The point being, that I have the right to
petition the people that I vote for. The people that I vote for, if I have a problem with
any issue in city government, state, county or federal, I have a right to go to the
individual that got elected for that position, regardless of whether he’s Democrat,
Independent or Republican, state my case.
Mr. Christiansen, I voted for you. Had every confidence at the time, if you got
elected, that I could come to you if I had a problem and get it resolved. Had a
problem at 613, right across that metal fence, Nimitz Road, Thornburg. The son and
the son, that means the son and the grandson, drugs. I read the paper everyday, two
or three papers, every day. You’re arresting everybody. Where’s the Chief tonight?
You’re arresting everybody, everywhere. I’ve stated individually to Mrs. Townshend,
the City Manager, the Mayor – had a short conversation with Mr. Sudler about that
problem. Short conversation with former Chief Hosfelt about that particular
problem. That is a problem for Townsend Boulevard and Nimitz Road and has been.
Once you fix that problem, you will have done a big job to curb drugs, hard drugs,
the opioid problem and everything else that goes with that in the City of Dover. It’s
bad. I’ve talked to the former Chief, then Mayor, Mr. Hutchison, and I’m a little put
off there, sir, that you haven’t come to my house since you represent my district.
I would just like to make this comment. I have extensive knowledge and education
in counseling. I’ve been a school teacher, too, in the drug unit. I have some
sensitivity and knowledge in raising three sons, very good citizens. I can point it out
to you, but just to show you how brazen these two individuals are – at least two
weeks ago cars were pulling up, motorcycles, and all – I’ll get to the point. The
young fellow that you arrested one time, he got the break of his picture not being in
the paper for some reason. I raised that particular question at the time that it
happened, not that I didn’t expect it, because I had him sat down under one of my
trees out there and I told him, Josh, I want to help you. I’m going to go up here to the
Air Force recruiter, sit down and talk to those people and tell them what a good boy
I really think you really are, and he was a boy at the time.
You folks have the power to fix that situation. It’s at your door.
In response to Mr. McDonald, Mr. Neil stated that members had met with the constituents in the old
town area about the same problems that Mr. McDonald was discussing and police representatives
and the Mayor were there. Mr. Neil indicated that going there and seeing the problem was probably
the same as the people coming in from Mr. McDonald’s district and area to explain what was
happening. He noted that the same kind of problems exist where Mr. Tolbert lives. Mr. Neil stated
that Mr. McDonald was not alone, they were aware of it, and Mr. Neil did not have to see it for
himself because he believed Mr. McDonald.
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Mr. Charles M. Murrell, 313 Macarthur Drive:
I’d like to say good evening. I’d like to thank the Council for letting me be able to
come up here and ask you some questions and the President of the Council. I’m here
because I retired out of the military in 1973, worked for the government until 1980.
I came to Dover because there were no taxes. It was cheaper living. I love this
place. I’ve been here since 1988.
My problem is, that we have 60 churches in the City of Dover. We have 23 liquor
stores in the City of Dover. That’s a lot of whiskey stores. I’m not complaining
about the churches, but I am complaining about the whiskey stores and the gas
stations. They do not hire Americans, number one. They don’t help the employment.
I don’t know how they pay taxes, but I know they get the fees for licenses. But it
should be something that could be done in the hiring practices. That’s
discrimination. Some of them that operate these places can’t speak English, they
don’t know how to operate the machines, they sell products out of the stores to
minors and other people, and cigarettes they don’t even check. All they want is that
Almighty God dollar. I think something should be done about it. I’m asking the City
Council to look into it. I don’t know the labor laws, but the practice to me is
downright wrong.
I’m a World War II veteran, I am a Korean veteran, I am a Vietnam veteran and I’m
100% disabled. You go these places, you can’t park in the handicap parking places
because people have taken them. They are not even handicapped. Something should
be done. I’m asking the Council to please inform me. I have been voting all my life.
I’ve helped four governors become governors and helped presidents by working for
them. I cannot work now, but others can. I hope the Council can help. Please let
me know if anything can be done about the hiring practice. Thank you very much.
On behalf of the Mayor and Council, Mayor Christiansen thanked Mr. Murrell for his service to our
country.
Mr. Thomas Leary, former City Council representative, 27 Shinnecock Road:
Mr. Mayor, Mr. President, members of Council, colleagues:
I retired from these chambers a little over two years ago. This marks the occasion
of my second relapse, so bear with me, the road to recovery is long and bumpy.
Mr. President, had I been privy to your opening and eloquent preamble, I probably
would not be here this evening. I thought that was quite well stated, and as
Ms. Denney also alluded to, we kind of stumble into jams and things don’t go quite
the way we want them to. So I’ll shelve my prepared remarks arguing against a
strong Mayor. I think that things the way they are, are probably the best way they
should be. Certainly being out of chambers now, having a little more opportunity to
intermingle with my friends and neighbors than I may have had when I was on
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Council, there’s not a hue and cry out there to alter the form of government. There’s
a hue and cry out there about the City’s fiscal affairs. There’s a hue and cry out
there about our physical plan. I, as a hobby, run, or what would be a very liberal
definition of run, and we have streets that need to be paved – New Street,
Westview Terrace, East Loockerman Street. I could go into a quite lengthy list. It’s
not a criticism of staff, but it is what it is. We need to get to work on some things.
I think there were some questions. This last budget cycle was handled very
admirably. You guys did a lot of hard, heavy lifting. This next one I think is going
to be almost as equally hard and almost as equally as heavy. My advice, that you
didn’t ask for, is get to work on it right now. I know, not that Bill Hare needs my
approval, but Bill asked some pretty substantial questions about the pensions, health
insurance, some other things that still need to be examined very closely. I would say
let’s put this baby to bed and get to work on things that people really want to hear
about. With that, thank you sir.
Mr. EShed Alston, 406 Arnold Court:
Good evening. Citizens have an absolute right to be heard. It’s a constitutional
right that citizens have to be heard. It doesn’t matter to me what kind of government
we have, as long as it respects the citizens, and whatever we have now doesn’t. The
human relations function here has been eliminated and I believe that the City has
reneged on it’s promises.
This is a document that I’m going to read to you. It’s number 05-2422 in the United
States Court of Appeals for the Third Circuit. Mozell Hannah as personal
representative of Reginald Hannah, etc, etc., versus City of Dover, Delaware, City
of Dover Police Department. Responding parties Kevin Connors, Marshall,
Dennehey, James Liguori, Liguori and Morris. They were responding to my
paperwork. Everything that was written on the Hannah case I wrote. The 2005 July
date was windy, for a lack of a better description, because I’m a legal professional.
The consent decree was made at that time with an agreement made to have a humans
relations commission. I know because I was one of the people who worked on it
then. See, right now we’re dealing with revised history in the City of Dover.
Marginalized, disenfranchised people are still marginalized and disenfranchised
because the City reneged on it’s promise to have a strong human relations
commission that met for the convenience of the people, not the City. Now we have
no human relations commission function at all. In 10 years, since this was written,
July 27th of 2005, there hasn’t been one investigation, there hasn’t been one
complaint resolved, there has not been one inquiry made by this chamber.
For example, I filed a complaint because I’m an Alston, first generation slave stock.
If you go to Smyrna, you cross Alston’s Branch, that’s where the plantation used to
be. So when I come here and tell you that I’m banned from Delaware State
University – I’ve never been arrested in my life, I’m almost 60 years old. I’m an
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honorably discharged vet, but I’m banned from Delaware State University by
Judge Terry Vaughn – for what? For what? Because the City of Dover has no
ability for people like me to come to the City and to the Human Relations
Commission and say this is unfair, this is unjust, what are you going to do about it?
And you know what’s been done about it in the last 10 years? Nothing. Nothing.
So, all I’m hearing is a bunch of noise until I see results, because there’s an old
saying, I’m sure we’ve heard it before, and that is actions speak louder than words.
So far the actions of the City have been, for the last 10 years, to give us promises that
you don’t deliver.
I am really less concerned about whether we have a strong Mayor or a strong City
Council. I’m more concerned about whether the citizens are going to be heard,
because if the citizens are not heard what difference does it really make? I want to
know which one is going to get us back a human relations commission that meets
once a week or regularly. Is that going to be a strong Mayor or is that going to be
a strong City Council? I don’t know because we don’t have that. We’re citizens that
don’t have a voice in the City, when it was arranged 10 years ago through the City
of Dover Human Relations Commission that the citizens would be heard. Really,
fundamentally, what a ridiculous statement to be making. That I’m here arguing that
the citizens should have the right to be heard and we’re talking about whether we
have a strong City Council or strong Mayor. What about soliciting the citizens by
listening to them? What about having regular interaction with your citizens? What’s
wrong with that? Why don’t you have a human relations function here anymore?
You promised to 10 years ago. You reneged on your promise.
So, I’m more concerned that, coming up the next 10 years, there will be no
investigations, there’ll be no inquires, our FOIA complaints will be shredded like
they have been before in this chamber, and that’s what we’ll end up with. Citizens
have a right to be heard. It’s fundamental and if the chamber, whether it be Council
or Mayor, does not respect your citizen’s right to be heard, then fundamentally this
is a flawed chamber. Thank you. [City Clerk’s Office Note: Mr. Alston presented
his statement in two (2), three (3) minute segments.]
Mr. Enrico Stratton-Bay stated that he yielded his time for Mr. Alston. Responding, Mr. Slavin
stated that individuals could not yield there time, and asked if Mr. Stratton-Bay was willing to speak
for himself.
Mr. Alston indicated that this was what he was talking about, noting that he was a citizen and was
being restricted in this chamber from how long he could speak, commenting that this was freedom
in the City of Dover.
Mr. Enrico Stratton-Bey:
The last time I was in here I was talking about the citizens of Dover. Again, you say
you take surveys of the people, but who are you surveying? Which people are you
surveying, and where are you doing the surveys at, is the question. Again, I go down
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New Street, I go down Queen Street and I talk to the people every day because,
again, those are what they call problem areas. And again, you ask them, the people
that they elect, to speak for them, are they seeing those people and they say
no, they don’t even come through there to talk to the people. They did say
Mr. Christiansen came through there, but it was so quick you couldn’t even hear his
breath when he left.
So, again, you have these citizens electing people to represent them, but what are you
doing for them? You make up laws, you put things into place that they have no idea
is going on, because again, you don’t take a survey or you don’t ask the people what
they need. You make a determination of what you think the people need and that’s
wrong because, again, y’all come in, y’all say you’re surveying the people, but who
are you surveying? Which people are you surveying? Because you do represent
them and, again, they said none of y’all come down and talk to them after they get
elected into office and that’s a shame. It shouldn’t be like that because, again, they
pay your bills at the end of the day and allow you to live the lavish life that you live.
So, I think the citizens that are in that downtown area need to be treated a little bit
more better. It’s very sad that y’all put foul, or ill trust, or unspoken truths in the
hearts of the people and you don’t give them your word after they elect you into
office. That’s wrong.
Ms. Georgeanna Windley, 725 Bicentennial Boulevard:
I just want to make a couple comments related to structure and economic
development. Y’all know how important economic development is, but there are
many parts of economic development. Part of that is downtown revitalization, part
of that is bringing jobs in from elsewhere. One of the things that’s so important is
to ensure that whoever is out representing the City is very strong and can go out with
whoever is in charge of economic development. I’ve traveled all over the place; I’ve
been an economic developer most of my career, and a lot of economic development
happens externally. For job creation you need a very strong Mayor and economic
development office to bridge, not only bringing in new business, but bringing in
grants and help for this City because there’s an awful lot out there that I see through
foundations and other business corporations elsewhere that can come into this City.
You need to have the strong Mayor and economic development director go out
together and be external and bring them in. As far as the rest of the structure goes,
I can’t comment on it, but I just believe that from an economic development and a
jobs point of view, employment point of view, it’s critical. Thank you.
Mr. George Gaudioso, 167 Maple Glen Drive:
I gotta apologize for getting here so late. I had a little problem that detained me, but
it’s squared away now. I’ve spoken to this issue before. As you all know, I originally
was in favor of a City Council/City Manager form of government. To be perfectly
honest, I still am. However, with that said, I didn’t think I’d find myself doing this,
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but in lieu of that, as apparently it is a minority position, I would support and urge
you to consider keeping the government the way it is with the division that it
presently has.
My concern is more for the future than for the present. You’ve heard me speak about
this before, but it is something I really am concerned about, and that is that if you
create a government with power centralized in one location, without adequate safe
guards, you’re just creating a formula for a future problem. At the very least, I’d like
to see the City keep the Finance under City Council, because at the very least it
would give City Council control over the budget completely. But I would prefer to
see it kept the way it is at the present time.
I don’t want to bore you all with my stories, but I am going to bore you with one
thing. In April, a book was published and it’s called “Capital Murder,” and it
sounds like maybe a murder mystery, but it isn’t. It’s the financial story of the
destruction of a capital city’s economy – Harrisburg, Pennsylvania. The gentlemen
who wrote it is an investigative reporter, and he actually grew up outside of
Harrisburg, not too far away. In that book he details exactly what went wrong with
that city and how it ended up almost becoming the first capital city in the country to
declare bankruptcy. If it wasn’t for the intercession of the Pennsylvania State
Legislature, they would have proceeded with it. Those of you who aren’t readers,
like I am, C-SPAN last week actually had a clip on the author. I’m almost out of
time. You can go to CSPAN.org/video/?327902-1/chris-papst-capital-murder and
he’ll outline exactly what went wrong in that city.
Mr. Al Roach, 1101 Dwight Court:
My name is Al Roach and I’ve been here in the State of Delaware for many years –
20 years in New York City, originally from Jamaica. I had a business here, which
I teach, actually I’m a business teacher here at the middle school and I started a
business probably about 12 years ago. It was a barber shop here in Delaware.
Around this time last year, my business was shut down automatically. The City of
Dover came in and said we had asbestos in the building. T he building was owned
by Dr. Ramani. I got a call, I was in class when I received a call to say your building
is being shut down. My first question was why and they said the City of Dover came
and shut the building down and said there’s asbestos in the building. There was six
other tenants in that area, Capitol Plaza. Ever since that day, I had six employees
that was working for me, everyone was told to leave, everyone had families and all
they had to take care of. In my heart, of not just being in the building, I was still a
teacher at the time, I helped each and every one of those people that was working for
me in that building, either to help pay the rent, help pay their electric because their
electric was getting cut off.
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To make the story short, I ask the City what was wrong with the building. Never got
a straight up answer. Still haven’t got a straight answer until about a couple months
back, I received a letter saying I could come in. They gave me a print out of 175
pages, which they told me I had to pay for any extra, so they’ll send me email. So
what I did, I had to give someone that I knew to print the information out. But
anyway, everyone that was in the building relocated and all, in different areas. One
gentlemen went to North Carolina, never got taken care of. The City of Dover said
well we shut it down because it was asbestos in the building. No one goes inside of
a building, shut a building down saying its asbestos not knowing there is. They said
we’re going to go through inspection, we’re going to find out what’s wrong with the
building before we let you guys back in. How was it shut down not knowing what
was inside of the building? How would you go there and in and say, well this
building is shut down.
Anyway, I tried lawyers here in Dover. Every single lawyer I went to had a tie-in
with the City. We cannot take the case because we are on the board of the City. I
could not get any help. I’m still working with a lawyer up north that actually has to
learn the rules and regulations here in Dover to take this case. Two days ago I had
to fax paper work, 174 pages the City of Dover gave me, because I was at work, he
wanted to see all the paperwork, but nothing was done. I’ve worked with over 4,000
kids here in the State of Delaware in my years of teaching. I run programs at
Delaware State University with kids and parents. I had all of these employees
working for me now out of a job, some at different places working and all, but it was
a big deal of me having that business, helping these people out. But I did not think
the City of Dover took charge. Mayor Christiansen helped out, he gave me a couple
of phone calls and all, but in the sense that nothing was done. I was never called on
that occasion to say your building’s being shut down. Only when my employees
called me to say it was being. The City didn’t get in contact with me.
Something needs to be done. We need to work together. I’m not into the politics like
that. I’m here in the State of Delaware. For the years that I’ve been here, I’ve been
working with kids, okay? That’s my job. I think it’s a call. I’ve fed every single
homeless shelter here in Dover, Delaware – Shepherd’s Place...and it’s been a
struggle doing that, but I asked for help in getting this business back together. No
response. They said the City is broke, we cannot help, but the other people did get
help in ways of finding places that people in the City helped them out. It was kind
of a struggle getting that back together. I have $25,000 worth of equipment still in
my business and could not be moved. If I move it and put it somewhere else, I would
be paying $1,500 for storage. I’m going to cut it short. It’s a long story.
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Dr. Samuel Hoff, 813 Maple Parkway:
Mr. Mayor, Members of Dover City Council, and Staff:
It’s good to see so many familiar faces. In my discipline of political science there’s
a subfield of public administration, and whether it’s teaching or following the book,
we learn of four different types of local governments, so city governments. One is a
commission plan, usually in very small areas, even in unincorporated areas, where
the executive and legislative functions are combined. Another form is what’s
referred to as council-manager, which by definition has a manager working for the
City Council and a part-time Mayor. There are two forms of city government where
there are full time Mayors. In the parlance of political science, one of them is
referred to as a weak Mayor system. That is a rather misnomer because, in essence,
that type of government combines in almost equal fashion the powers of the Mayor
and the City Council. The last type, most of us are familiar in very large cities, and
that’s called strong Mayor form, where the Mayor dominates the functions and
powers of the local government. There is still a City Council, but the Mayor has
most of the powers there.
I think it’s a sad commentary, but it’s true, that Mayor Christiansen was quoted as
saying when he came into City Council in 1983, we were talking about this very issue
of the structure of government, and here we are that many years later. In a sense,
we have been talking, ever since the change was made to bring a full-time Mayor
into a City Manager form, about a perverted form of government, one that we would
naturally assume would lead to disagreements between the Mayor and City
Manager. I’ve lived here since 1989. I live in the Edgehill section of town, and I
appreciate my Second District representatives holding the meeting on this issue. But,
over time, I think you’ll remember some disagreements between the Mayor and the
City Manager over the issue of the Garrison Tract, over powers and protocol dealing
with police hiring, promotion, and the like. How about the disagreement dealing
with the local day prison when one of the prisoners walked away and who was
responsible for that. That turned into a disagreement. I couldn’t agree more with
my friend, who just talked about what I regard as a gutting of the Human Relations
Commission. You might not think that there was a disagreement between the Mayor
and City Council on that, but I would ask rhetorically why the Mayor has no function
anymore in even appointing members of that Commission that, as was mentioned,
used to meet once every month, now it meets once a quarter, and you force that
Commission to meet in a closed room up the hall.
My conclusion is that I believe of those forms, in order to save money, for
accountability, and to properly understand executive, legislative functions that we
should adopt a weak mayor form. Within that form, I would personally say this, that
I not only favor retaining a full-time mayor, but altering the form of city government
in order to equalize the powers between the Mayor and City Council. Doing so will
initially require eliminating the City Manager position. Second, I would transfer the
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responsibility for the Fire Department, along with Public Works, Electric, Human
Resources, Parks and Recreation, Library, and Customer Services from the defunct
City Manager to the Mayor, while imbuing City Council with primary responsibility
over the Tax Assessor, Finance, IT, and Planning, and I do so for the reasons I
mentioned. Most importantly, as was mentioned, we need to know that the people
count, and you can only do so through accountability. It will save humongous money
from the two executives, Mayor and City Manager, that are now collecting a
combined almost $200,000 when you add the salaries and perks. I think, in all due
respect to Mayor Christiansen, that he would agree with this, that changing to that
form would create a better quality of candidates and more competition in the office
of Mayor, as well as City Council, and most of all I believe that it will help get us out
of this budget mess that we have yet to discuss in detail, but which is going to be an
unfortunate legacy if we don’t get a handle on it very soon. I don’t think this is a
radical change. I think it goes back to the very definition of a form of government
where the executive and legislative parts, branches, sections, whatever you want to
call it, are both responsible ultimately to the people.
Mr. Slavin asked individuals to hold back their reactions, noting the importance of providing in an
American democracy, a safe place for opinions to be heard, free of any type of reactions and free of
any type of bullying or any kind of influence. He asked that there be a level of decorum inside the
Chambers that allows people to be heard without others interfering with their rights.
Councilman Neil made the following statement:
I had requested to withhold my remarks until the end. I want to ask, has anybody in
this room actually worked for a strong Mayor or a strong Mayor system in their
administration? Anyone here? I worked with one of the strongest Mayor’s in the
United States, in Baltimore during the renaissance of the Baltimore Inner Harbor.
There’s a tendency when you elect a Mayor, whether they’re weak or strong, to think
they were elected as czar. Basically, what happens is that the loyalty of the people
who are working under that Mayor switches from the people, your service, to the
Mayor because the Mayor can hire and fire. You’re not going to disagree with the
Mayor that you’re working for or you’re gone, you might as well leave. It’s not going
to happen.
The Mayor only has certain qualifications that they have to do. They have to be eye
candy, they have to be a good campaigner. They are not required to have the skills
that our City Manager absolutely must have in order to be hired for that position.
The same is true with each and every one of the people that’s up here who are
professionals, and they actually are loyal to you because that is what their job is.
Once they have the Mayor, they have to then switch to the Mayor and there’s no way
that any Mayor who is not experienced or has long-time experience is going to do
what that City Manager is going to do.
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 18
The other thing that’s been brought up and touched upon, but nobody has really kind
of talked about it is there is a cost. You’re not going to give the responsibility to the
Mayor with the additional duties that they have without paying a cost in taxes, and
I’m sure you’re all taxpayers. The other thing is, they’re going to have an
entourage. They’re going to want to have their support staff, who they want loyal
to them, not necessarily to you. They’re not going to disagree with what the Mayor
wants, and that is also going to be a cost. Even if you got rid of the only experienced
professional you have in running the City, there is still going to be cost of other
people who do not have the same qualifications in order to run the City.
The other thing is, in terms of what we have. I look around this room and I have
great respect for every single person in here and what they bring to the table. The
question is, are we dysfunctional? And I don’t believe that we’re dysfunctional. I’ve
heard nothing from any of the constituents saying you’re not doing the job. I’ve
heard people say the City didn’t do that. I wonder why they didn’t contact their City
Councilmen and say, hey I got a problem, because every single time we’ve had a
problem that is brought to us, we react to it. Whether it happens to be a bad street,
or a water problem, or a problem with crime and drugs, we have reacted and taken
action, and that’s what, basically, we’re here for because we are loyal to you. You
hired us to do a job and we want to do a job. This is not dysfunctional. Each one of
us has different opinions that we bring and we actually operate by consensus. You
have to have a majority.
One other thing I’ve heard is that you have to listen to people. Well, we do. We
actually do. We have things called elections, and back in 2014 when we had an
election of the 36,000 people who live here 1,678 votes were cast. In this current
election on April 21st, of the 22,837 people who could vote, 9.27% voted. That’s
where you speak. You tell us what you want and you hire people that you think are
going to represent you. It’s just as bad in all the districts. In First District, 12% of
the voters voting. Councilmen Lewis didn’t have opposition. In the Third District,
10% were actually voting - 10% of the people who could speak and ask for action
and to do something about this City - 10% of the registered voters, and in the Fourth
District, 7.43% voted. That’s where you get the action. That’s called democracy,
and if you will go and ask your neighbors to go vote you’re going to get the people
that you want in office do what you want to do or to change the nature of the office.
But the fact is, having lived and having worked as the press officer of a major city,
strong Mayor - I would say no. I do not want a czar and I don’t think you want a
czar over you.
Mr. Slavin advised Ms. Joan Denney that correspondence she submitted for the Council meeting of
July 27, 2015 had been made a part of the public record for that meeting and would also be appended
to the record for the current meeting (Exhibit #1).
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At the request of Council President Slavin, Mrs. Traci McDowell, City Clerk read correspondence
submitted by Ms. Jo Ann Fields into the record, as follows:
I attended District 2 public forum Saturday, September 12, 2015 at Victory Christian
Fellowship Church and have read the survey and past City Council minutes handed
out at the public forum.
I support:
1. Mayor-council form municipal government where the mayor is the
administrative branch and the council is the legislative branch. Mayor can veto
council laws and council can override a veto. I support this form of checks and
balances against abuse of power.
2. Professional city manager who is responsible for implementing laws passed by
council and administrative rules set by the mayor to promote the efficient and
fair implementation of laws. Laws include collecting tax money and spending
tax money. Collecting tax money includes the Finance Department. Spending
tax money includes the Police Department and the Fire Department. Therefore,
the Police, Finance and Fire Departments come under the City Manager. This
promotes professionalism and efficiency and takes politics out of the Police and
Fire Departments as much as possible.
3. Because the city manager is an administrative job, then the city manager is
appointed by the mayor and confirmed by council. The city manager is
responsible to the mayor on a day-to-day basis. The city manager has
responsibility to report to council and council has broad authority to question
and require reporting from the city manager.
4. Mayor’s job description:
a) Day-to-day oversight of the city manager’s office. Set administrative rules
as needed to ensure efficient and fair operations.
b) Propose annual budget and 5-year planned budget subject to approval by
council.
c) Promote the City of Dover to county, state and federal officials and seek
economic development opportunities for Dover.
In addition, it is alarming to me that some have suggested that council review the
consent decree from 1988, which I believe was a federal consent decree to ensure
equitable representation of Dover citizens. That would certainly require legal advice
to make sure we do not take a step backward instead of forward in terms of broad
representation of as many diverse communities, ethnicities, races, ages and economic
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segments as possible. If you do open the consent decree up for review, then I suggest
that you consider eliminating the at-large city council seat and instead add another
City district to better reflect the current diversity of Dover’s population.
Councilman Sudler made the following statement:
As the Fourth District City Council representative, when I was running, I
represented a strong Mayor form of government because I’m looking at the future
– the new millennium, as one young gentlemen had put that to me earlier as we
walked into the City Council Special Meeting. In lieu of that, I’ve also done
extensive research with the Legislative, Finance and Administration Committee
meeting minutes of August 25, 2014. I’d just like to read a paragraph, which states
– I’d like everyone to listen:
Mr. Wayne Holden, 333 Pennsylvania Avenue, reminded members that he
was appointed to serve on the Ad Hoc Financial and Operational Advisory
Committee during the Regular Council meeting of November 12, 2013 and
was subsequently nominated to serve as Chairman of the Ad Hoc
Committee. He stated that the Committee was created to advise City
Council as a whole on operations, financial issues, and the organizational
structure within the City of Dover. He stated that the Committee was still
working and that it may take the balance of this year to look at all of the
various aspects. Mr. Holden advised members that during the first and
second Ad Hoc Committee meetings, members discussed the organizational
structure of the City and the fact that the City has a strong mayor type of
organization.
We have, ladies and gentlemen, a gumbo government and that is the real issue. What
we need to hear from you tonight is whether or not you want a City Council form of
government or you want a strong Mayor form of government, and whether or not you
truly understand the components and elements for the future. Don’t go off of what
I’m saying as your Councilman. Do the research. If you do the research and truly
care about the future, you will see, in my opinion, just my opinion, that a strong
Mayor form of government is the way to go. We may need some tweaking with it, but
it’s inevitable that strong Mayor form of government is the way to go. Please do
your research. Read the minutes. This is not something that just came about. It
came about because we are looking at the Mayor’s job description, and looking at
the Mayor’s job description we have to decide if we want a weak Mayor form of
government or a strong Mayor form of government in the job description. So, please
do your research before you make your final decision. That’s all I ask. No matter
what you decide to do. Do the research. Do your homework. Make an educated and
sound decision. Thank you.
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Councilman Anderson made the following statement:
Thank you, Mr. President. Thank each of you for coming out tonight. I thank each
of you for voicing an opinion, for giving information. That’s why we’re here. It’s
always heartening when people decide that they care enough to give their opinion
on an issue, and of course each of your opinions will be considered. Not sure how
it will turn out. There’s a lot information that still has to be looked over.
Personally, I’d probably lean toward Option C, or some variation thereof. I think
that will probably give us some of the best checks and balances, as well as budgetary
efficiencies, and keep important functions, such as the police, accountable to the
people. I believe that functions such as law enforcement are very important to the
well-being of the people and, because of the nature of them, they should be
accountable to someone who’s elected. I believe the people should have as much
influence as possible. The further you get away from people that are elected, I think
that disconnect is not good for a community.
I think there’s been a number of successes that have come about with economic
development being more centralized. We’ve seen a lot of positive elements come
about in our City, including, if you look, we have a lot of formerly vacant storefronts
around the City, whether it’s downtown or big boxes, which are now filled. We have
a once empty industrial park that is now no longer empty, which is viable and
growing. We added, literally, several hundreds of millions of dollars of taxable
property and private investment. Now we’re expanding workforce development in
other areas. I think we’ve had a lot of success. We’re responsible for about half the
new jobs created in the State of Delaware. There’s a lot of things going right in this
City. Not everything is going right. We need to keep working on that. We actually
have a stable situation when it comes to crime overall. I don’t want to really see it
stable. I want to see it going down, and that’s something that we need to work on.
But, I think the City is a good city. It’s a very positive city. It has a lot of strengths.
It has a great staff, and I think if we operate very carefully before we make any
changes, but if we look carefully and we study it carefully and we maintain the
proper checks and balances, I think we can do something good for the future.
From my point of view, Option C seems to be the closest to what I would see. Now
we may have to do something like with fire, move that under City Council because
of a court agreement which places it under the Council President, but with minor
tweaks, I think option C is a very possible one. I do not favor reopening the consent
decree. I believe that those actions were hard fought. I believe that the City had,
quite frankly, designed itself as a self-perpetuating engine of discrimination in
government and that was broken, and I’m not in favor of tampering with that at all.
I think the consent decree was what really made us a leader moving into the modern
era. It’s put us miles ahead of many places in Delaware, and I think it would be a
mistake and very divisive to reopen that and, at this time, with our national
atmosphere being decisive in that area, this is something we don’t need. This City
is probably one of the most united cities and we need to keep it that way.
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Councilman Cole made the following statement:
We were elected to be transparent. We were elected to provide stability. We were
elected to listen to the citizens – hear what the constituents said. We were elected to
provide them answers and relief to their concerns. We need to keep working for the
citizens. We need to listen to the citizens and, at the same time, we need to keep a
government that has checks and balances. I feel like we just need to move forward
and get on with the idea of making this a place that I want to raise my family, that
my family wants to be here, that the people want to be here, and so we can listen to
your real concerns, your day-to-day concerns. I just feel like that’s where we’re at.
Thank you all for coming out, but I feel like we just need to get the City going
forward and get past this. Thank you.
Councilman Lewis made the following statement:
Thank you, Mr. President. I, too, would like to thank the people for coming out
tonight, but it kind of disappoints me because this room should be filled with people
and it kind of leads me to believe that not everybody in this City cares. The reason
we had this meeting tonight was to get your input. Like when I had my community
meeting in the Second District. I work for you is what I told my constituents. I want
to know what you want. Okay? And if a majority of people want a strong Mayor,
then that’s what I’ll support. If they want a strong Council, then that’s what I’ll
support. If it’s what you want. That’s why we have this meeting. You’ve got to get
out there, let your neighbors know. Ask them what kind of government do you want
and get back to us.
Mr. Lewis asked whether Council could take any action this evening with respect to this matter. He
stated that it was his understanding that Council already voted and passed the budget and it was in
the organizational chart the way the government was currently set up. He noted that this meeting
was for informational purposes and to get citizen input. Responding, Mr. Rodriguez stated that no
action could be taken this evening with respect to this matter.
Mr. Christian stated that, according to the ad in the newspaper, the meeting was scheduled from
6:00 p.m. to 9:00 p.m. He questioned if there could be an exchange or dialogue with City Council,
staff members, and the audience who were present so that there could be more input from the
audience. Mr. Christian stated that he had a few more comments that he would like to make based
on what he heard from the Council members and citizens.
Mr. Slavin stated that members were there to listen and would allow more individuals to speak, if
that was okay with Council. Mr. Slavin noted that former Councilman Hogan was unable to arrive
earlier; however, he had arrived and wished to speak.
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Councilman Hare made the following statement:
The form of government that we have now has worked for many, many years, and I
think Ms. Denney hit it right on the head. There was a knee-jerk reaction to
something that happened with the former Mayor. It cost the City a lot of money and
it was a knee-jerk reaction. As Mr. Cole said, I think we just need to move on. The
form of government we have has worked for a long time. Let it continue to work. We
went to the full-time Mayor in 1997 and economic development was designated to be
part of the Mayor’s job. In 1997, the Mayor was over the Police Department at the
same time. I think we just need to move on and admit it was a knee-jerk reaction.
There’s more important issues that the citizens have that I’ve talked to when I go out
and knock on those doors, and I’ve talked with Mr. Harmon. They don’t talk about
the form of government, they talk about other issues. They talk about drug deals
going down in their neighborhoods, they talk about a lot of different things. So,
that’s what I think we need to do. We need to move on. Leave it like it is and press
ahead with more important issues. Thank you.
Mr. Lewis moved to recess for 10 minutes, seconded by Mr. Hare and unanimously carried.
The meeting recessed at 7:33 p.m.
Mr. Sudler moved to reconvene, seconded by Mr. Hosfelt and unanimously carried.
The meeting reconvened at 7:45 p.m.
Mr. Slavin stated that there were individuals who had not yet been heard from and some individuals
who wanted to speak again. He asked individuals who had not yet been heard from to come forward.
The following individuals came forward to speak:
Mr. Kenneth Hogan, 105 Hazeltine Road, former City Council representative:
I have some comments to make, some general ideas. I have thought long and hard
about this process that was started a while back with some issues. There are some
things that I would like to see to go along with this government that I think that this
government desperately needs. Number one, I’m a strong believer and I believe
this City Council and this Mayor, this government needs term limits. I would
strongly support that there should be a term limit for Mayor of two terms, a term
limit for the Council of two to three terms. I think that the problem is you need to not
stay so long.
I also strongly support the idea that there be a recall petition because people worry
about people being in too long. I strongly support that idea. I also would like to see
that we get away from this concept that - it happened while I was on Council and is
probably still happening - the Council members would go barging in departments’
offices and start telling department heads what to do without clearing it with the City
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Manager or the Mayor or anybody, and that has got to stop. If we went with those
ideas, the term limits, recall petitions, then I think the idea of developing to a form
of a strong Mayor would be a good thing for this City.
I think we need some changes. The challenge for the City Manager and the
challenge for staff, is you’ve got nine bosses, and that is a difficult, difficult situation
to live with. I have watched things happen. Council President is not really the boss.
He’s got a tough job. He does what he can, but if we were to look at doing these
things, then I think you could see a restructuring that would make this City
government and this City work in a much better way. Thank you.
Reverend Reggie West, 753 Slaughter Street:
God bless. How’s everybody? Amen, everybody awake or everybody asleep,
everybody here? Amen. I like to greet everybody. I’m sorry, it is just my way. God
bless you all. And the church said - amen. Amen for those that know it. I don’t
know everything that is going on here and that is a good thing, because I can come
in fresh. I don’t know everybody, so how are you? How are you? God is good and
he has appointed people in certain positions, amen? Because he has appointed
people in certain positions, there are certain duties and authorities that we
automatically know. I don’t know where it is coming from, I don’t know who it is for
but God knows what he is doing and the people that he has put in these positions.
There is a scripture that says let brotherly love continue. That means stop the
infighting and all of that type of stuff. Amen. If somebody has a veto bill or whatever
and it is not yours, don’t worry about it. Just worry about what you take care of,
your own yard, amen? Do the thing that you were called to do. God has blessed you
and ordained you to do that job. Amen?
I used to be in a town and it was in Baltimore too, like the gentlemen over here.
There was a man called William Donald Schaefer who was very hands on and very,
very serious and very, very stern, but the people loved him because his word counted.
When he said he was going to do something he did and he loved the people. It didn’t
matter if you were black, it didn’t matter if you were white; it didn’t matter if you
were male or female, children. He loved them all. When he died the whole city came
out. The whole city came out because he was, even the police department who may
have hated his guts at that time, but there was a reason why he was looking out for
the people. Amen?
Now it is a time where we need somebody that’s going to stand up and do what is
right, amen, from the Mayor down to the smallest of the pencil pushers, do the right
thing, amen? Now, I don’t know left or right what is really going on, but I do know
hat God says, let brotherly love continue. Amen? I’m going to pray real fast. I have
got 50-some seconds. Amen? If you don’t mind, bow your heads, I’m starting.
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Father, we thank you right now. Father God, I pray right now, Father God, in this
place, Father, that you would rule, Father God. We invite your Holy Spirit in. Lord
God, move upon the heart of your people, Father God, to do what is right in your
sight, for the government itself shall be upon your shoulders. Lord God, in that day
all of us have to give an account for the deeds that are done in this body and in this
place. Father God, we ask you right now, Father God, to move Satan out of the way,
Father God, and let your people go. Let there be freedom, Father God. Lord God,
let them go, Father God. Lord God, for the jobs, Father God, those that need it,
Father God, those that are homeless, Father God, take care of them. This place has
the power to do that, Father God, for the government is upon your shoulder.
Praying, Father God, that you would look out for those that need homes, Father
God, those that are sick, can’t get well, and health care and all those things, Father
God. Individually we can’t do it, but together as a group, each man pulling his own
weight, doing what he should do, we know, Father God, that all things will work
good for the good of those that are called and called into your purpose.
Lord God, I include everyone here tonight as a soldier and everyone here tonight as
a lover and a friend of you, God, and a lover and a friend of each other. Lord God,
let your perfect will be done in this place. Amen and amen. Thank you.
Ms. Janice Geddis, 448 North State Street:
Many people don’t realize that this whole thing started in March because a group
of people from the Old Dover Neighborhood Association came in, about 20
representing about I think 60. They wanted to express their deep appreciation for
Mayor Robin and for the Police Department for working to solve the problems of the
crime, in particular, the personal involvement of Mayor Robin and what it meant to
the people in the neighborhood that we had a point person. That’s how this started.
Then it went off the rails and the next thing you know, they flipped the government
over to the Mayor. Nobody knew why because no one asked them to do it. Two
weeks later, they flipped the government back, except this time they took everything
back from the Mayor. Nobody knew why and no one asked them to do that either, so
my first question is, can we have a resolution so that this can never happen again?
Is that a reasonable thing? I don’t think you guys are going to flip the government
again, but if we had a resolution, we wouldn’t have had this mess in the first place,
so how about that?
My next question is can you please explain for us all these options and all this talking
about reorganization of the charter of responsibilities in the City of Dover. Does
that affect the charter? Do we have to change the charter? If we, for example, put
the police, the fire and EMT, which are all safety services, under the Mayor, do we
have to change the charter to do that or can we just do that? If you have the Mayor
and the City Manager working together more closely with, as Joanne suggested, a
veto power and a veto override, do we have to change the charter to do that or can
we just do that and make the City more efficient? I think that’s all people want.
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They want the City to run well. They want the City to accomplish what it’s supposed
to accomplish. As far as strong Mayor or weak Mayor, whatever. If the City doesn’t
run efficiently under either form of government, then it’s not going to be a desirable
place to live. So those are the questions: a resolution so we can’t have this mess
again. Please explain about the charter and what it means and how we work without
messing that up.
I don’t really think we should go into opening up that consent decree either. I think
it should stand the way it is. The gentlemen back there talked about this committee
that he says is not existing, this human relations committee. What can we do to get
that started again? That’s it. Thank you.
In response to Ms. Geddis regarding whether a resolution could be passed to prevent switching the
government over, Mr. Slavin stated that whatever vote Council took in the two (2) previous meetings
to switch the form of government would have required many votes after that as the form of
government wound its way through ordinance changes or Charter changes. He explained that no
one (1) vote could do that. Mr. Slavin indicated that he did not believe there was any prohibition
that could be put in place that prevents a Council from taking that kind of action, and the restrictor
plate is the fact that as ordinances are brought forward, they require a different vote. It is not as
simple as just one (1) vote. In regard to changing the Charter, it was Mr. Slavin’s opinion that some
of the things he had heard with the different forms of government would require Charter changes,
which could only be made by both a vote of this legislative body and a vote of the General
Assembly. The City has the ability to change ordinances on its own and there is a process for that.
Ms. Geddis asked if anyone had done anything in regard to what Mayor Carey had done that cost the
City money. She noted that a knee-jerk reaction had been discussed and asked if anything had been
put in place so that this could not happen again.
Responding to Ms. Geddis, Mr. Slavin stated that, in his opinion, the City has a very strong Human
Relations Commission that was operating perhaps at its most efficient and effective as he had seen
it. Mr. Slavin indicated that it is clear from State law that a lot of the complaints immediately rise
to the State Human Relations Commission, not the City Human Relations Commission. He
reiterated that the City has a Human Relations Commission, it just does not handle the activity that
was mentioned.
In response to Ms. Geddis’ question regarding the preventive measures that had been put into place,
Mayor Christiansen explained that two (2) measures had been approved in regard to the Police
Department so that the issue that occurred before would not ever happen again. The Mayor and
Council had established a set committee to hire the new police chief, who is responsible, solely
within the confines of that action, to hire his subordinates and staff. The committee was also given
the option to go outside of the Dover Police Department, should the need arise to hire a police chief.
Mayor Christiansen expressed his opinion that these two (2) safeguards would protect the Police
Department and the citizens of the City of Dover, and guarantee that they will never again have to
pay out $331,000 plus tax for a faux pas by the Mayor in regard to hiring the chief, the deputy chief,
etc. He stated that it keeps the process pristine and very transparent.
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Mr. Greg Mazzotta, 37 Cantwell Drive::
I was here last year as a visitor. I’m here now as a resident. I was here last year to
introduce the Delaware State Level Quality Program, which was established by
Congress in 2005. Some of you are reading in your publications about the City of
Coral Gables in Florida; the City of Arlington, Texas; and, of all places, the Beverly
Hills Police Department. They are all Baldrige recipients. Disregard the Baldrige
word for a minute. You know this because of the Air Force Base, which is a two (2)
time commander in chief’s award recipient. That’s the Air Force’s version of the
Baldrige.
I come before you as a volunteer. I have this desire to make Kent County the
epicenter of quality for the State. I am working vigorously with local institutions.
I put on a presentation at Delaware State University to 18 department heads, where
we talked about efficiency, transparency, trust, and all of those things that
Dr. Deming stood for in the 50's when he was called to go to Japan and reconfigure
the country, at which point he said to the Prime Minister, if we could export quality,
you can import food. That is a pretty strong closing statement, if I could share that
with you.
In any event, I’m here because in 2005, Congress made available the Baldrige award
to municipalities. In the last 10 years, several have taken that up. So I can provide
services in my role as the managing director for the State Level Quality Program at
no charge or low cost, and I want to make sure you take advantage of it. These are
tools and a body of knowledge that I can provide. So that’s the purpose of me
coming forward, not just to celebrate an anniversary, but I certainly know what you
are going through. I have served on boards myself.
When I came across the Baldrige criteria, I thought, my gosh, this is the ninth
wonder of the world and it’s being deployed in 103 countries worldwide, more
quickly in Africa than anywhere else because they have no legacy. Why can’t we
take advantage of it here? I would encourage an engagement, again, no charge, low
charge, however I can help you through the award program. Thank you very much.
Mr. Edward Christian:
Thank you. It would be great if we turned all of this off and we had a community
meeting. Mr. President you would no longer be president but you would serve as
chairman of the committee, and we would have a dialogue and exchange among
those sitting here and here, if we care to have one. I just have a few points. Food
for thought; I remember a gentleman came one Council meeting and he talked about
the public forum, where 15 minutes, you know how that works, and he said, why
can’t we have an exchange? I said that’s a great idea, because sometimes only one
person has an idea, comes up with it, three minutes, bam!, meeting is over. Get
ready. Why not take an opportunity to exchange?
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District meetings, it appears from your constituents, that is what is needed. As
someone had said earlier, you are elected and you don’t come back to them. They
elect you, and they don’t go back to you. Something needs to be done. There needs
to be a tweaking somewhere, so that you can have the interaction exchange, because
there are a number of citizens who vote, the 10%, who really don’t know. To me,
when we are talking about the City government, not to go back to consent decree, not
to revisit charter – no, you revisit everything to make sure everything is proper and
fitting so that we cover all bases. It’s great because I heard City Council members
– and maybe it is a broken record when you have a public meeting - thank you for
your comments, and I want to holler to you all – now what? You get the comments
but what happens? Or maybe when I come to City Council meetings, maybe all this
is a front, because maybe for the public you put up a good face and everything is
going along fine and you are smiling. That’s the picture I’m left with. Maybe when
you all leave, that is where all the infighting goes and that is where the power moves
and the power plays happen. As a citizen, I don’t know but you all know. Because
for me what we currently have now from what I have seen over the years, it appears
to be working. Council appears to be doing a good job. This is my ideas, from what
I am seeing. The City Manager is doing a top job. The Mayor is functioning as I
would hope to see as a Mayor for the City of Dover, not Chicago, not Philadelphia,
not Washington, D.C. We have to be honest with ourselves, in that, the City has
overwhelming problems and the budget is not going to allow for all these problems
to be met equally. That is going to require all of us to work together. Maybe we can
start now; somebody else has something – just to have a dialogue, just to have an
exchange, because what we are doing, it’s working now. I am talking about in terms
of the City functioning,
But there are problems coming down the highway that you all are aware of and all
of them can’t be met. Just look at park and recreation, you look at the streets. My
concern is, particularly in the Second District, public safety and law enforcement.
Those problems are here, because when I first came to Dover, I was saying okay, I
have been in cities where there is poverty and I have seen the separation of the races
but it wasn’t until after we had been here 10 to 15 years that it became quite evident,
then I could see the breakdown, and it is not getting better. We need to have an
exchange.
Mr. George Gaudioso:
I just want to expand on what the previous speaker had said. The two of us were at
District 4's meeting. We stayed for the entire meeting. We were both at District 2's
meeting, stayed for the entire meeting. The reason that I went, I like to hear other
people’s ideas, because the more you understand the feelings of people, the better
you’re prepared to deal with the problems that exist. I have said this before; the City
has major problems, and he is correct. Anyone who attended the budget hearings
knows that we have a cash flow problem coming up. I don’t want to go into it, it
would take too long, but I think that is what we need. We need some mechanism that
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allows citizens to come, at a convenient time to them, to express their opinions about
where they live, what they feel has to be done to make their lives better and more
secure. I thank you for this meeting because I think it was important. One last thing,
I agree with what you said, one of the flaws I see in the Charter is there is no method
of recall provided for in the Charter for any public official.
Mr. Samuel Potts, 315 West Loockerman Street:
I am for a strong Mayor form of government and I know a lot of citizens are. I have
a barber shop and the people that come in there, they’re saying the same thing, a
stronger form of government. I really don’t know what all the fuss is about because
the Mayor is the executive branch, the Council is the legislative branch. You have
your checks and balances. What is all the fuss about? Thank you.
Mr. Ron Harmon:
You guys here sometimes don’t realize the actions of the City sometimes have
adverse effects on people, for instance my wife and I. I chose to live in the City of
Dover. I bought property down there in ‘76 on New Burton Road. It was an old
fallen-down house and a barn in the back. I took the barn and I built a house out of
it and then some of you around many years ago, back in the late 90's, when I was
here before you guys fighting like hell to get rezoning done and Mr. DePrima was
fighting just as hard to keep me from getting it, but I succeeded and we built a
business. They came down and they appraised our business and my taxes were
$1,700 a year.
A couple of years ago we got a reassessment. Well, that reassessment took another
$2,500 a year more out of my wife and I’s pockets. We went from $1,700 to over
$4,500 a year in taxes. The last reassessment – I didn’t come here tonight with the
right figures, because I would have brought them, but we just got hit again with
another pretty sizeable tax increase on a business that – our income is level. We
have got so many units to rent; we know exactly what we can make if we keep our
customers happy. Believe it or not, I compete with people in the County who don’t
have those taxes to pay.
Somebody called me about my rate, I have to keep my rates low. Every time that you
increase taxes on us, you’re taking money out of my wife and I’s pocket. I’m 74
years old, I’m not going to be around too many more years, but I have got grandkids
and kids that I’d like to leave this business to. When you guys take actions, and
I always believed that when an assessment was done it was revenue neutral, but
if you can explain to me how going from $750 in one assessment to $4,500 is
relatively neutral, somebody tell me. Then I just got hit again with another
assessment and it went up again. The first one I went in and appealed it. I didn’t
take a lawyer because the lawyer says, “I want $650 an hour to represent you.”
How am I going to pay $650 an hour to save $2,000 a year? I can’t do it. There is
no recourse for us.
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I went in to Ann Marie. I filed an appeal. They basically told me no. I know another
guy that filed an appeal; she went down and resolves and sits down in his office and
reduced his appeal. I didn’t get it. I was told to go your merry way, and I did. I
didn’t complain about the first one. I’m really not complaining about the second
one, except, you’ve got to know that when you do an assessment and people like me,
a small businessman, gets hit like that, we can’t keep going. I know you need money
to run this City but maybe you have got to start looking for some other revenue
source besides us.
I appreciate it. I just wanted to let you know. I didn’t come here to talk about this
tonight, but there have been a lot subjects talked about other than the City
government tonight and how it’s going to be run, but I just wanted to throw it out
there to you folks to let you know how an assessment affected me and my wife.
Basically it took $5,000 out of our life, our money to spend every year. Take $5,000
out of your pocket and give it to somebody else to spend. It doesn’t feel very good.
Thank you.
Responding, to Mr. Harmon, Mr. Slavin stated that assessments are revenue neutral, but this
typically happens to a tax bill when the tax rate increases. He asked the City Manager to review
Mr. Harmon’s particular assessments to see what happened.
Mr. Hare moved for adjournment, seconded by Mr. Neil.
Mr. Lewis reiterated that Council, technically and legally, could not take any action tonight
with respect to this matter, noting that the meeting was only for informational purposes and for the
community’s input.
Mr. Sudler stated that he would like to know if there was any more input from the community before
voting to adjourn.
Noting that there was a motion on the floor, Mr. Slavin stated that the motion would have to be
withdrawn, by both the maker and the seconder, to allow for public comment.
Mr. Hare and Mr. Neil agreed to withdraw their motion for adjournment.
Mr. Neil thanked everyone for coming and expressed his wish that even more individuals had been
present.
Mr. Slavin asked if there was anyone else present who wished to speak, noting that speakers would
still be limited to three (3) minutes.
Mr. Christian questioned when would be the appropriate time or date to come back so that some
action might be taken rather than just informational exchange. He inquired when Council would
vote, make a change, or when anything specifically would happen. Responding, Mr. Slavin stated
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SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 16, 2015 PAGE 31
that the minutes of this meeting were scheduled for consideration by Council during their Regular
Meeting of September 28, 2015. He stated that it would be the pleasure of Council as to what action
they may or may not want to take at that time.
Mr. Sudler asked, for clarity, if Council decided to take action on this topic, whether it could go into
effect before the next fiscal year. In response, Mr. Slavin stated that, as he had indicated in his
comments at the outset, this would be incumbent on Mr. Sudler. Mr. Slavin explained that if
Mr. Sudler was going to put forward a plan, he would have to outline the timeline of when he would
expect it to be implemented, taking into account ordinance changes, policy changes, Charter changes,
the effect on the consent decree, the fiscal impact, and whether or not the issue would go out to a
referendum.
Responding to Mr. Sudler as to whether to get information from the City Manager or who to
collaborate with, Mr. Slavin stated that the Staff who reports directly to Council were at his disposal.
COUNCIL MEMBERS’ ANNOUNCEMENTS
There were no Council Members’ announcements.
Mr. Hare moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:17 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of September 16, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\09-16-2015 SPECIAL - DD.wpd
Exhibits
Exhibit #1 - Email Dated July 27, 2015 from Joan Denney
Page 81
EXHIBIT #1
Regular Council Meeting of 09/16/2015
Stein, Jody
From: Joan <jed1492@aol.com>
Sent: Monday, July 27, 2015 12:33 PM
To: City Clerks Office
Subject: Correspondence to be read into the record of tonights meeting
TO BE READ IN IT'S ENTIRETY AT CITY COUNCIL MEETING JULY 27, 2015
As I was unable to attend the Legislative Finance Administration Committee
meeting on Monday July 13, 2015, I sent an email requesting that my comments
concerning proposed changes to the City Charter be read into the record. I am
now aware that my comments were not read into the record at that meeting.
As I am trying to be fair, I will assume that the Mayor’s remarks on the subject at
the July 13 meeting may have led someone to believe that reading my email was
no longer necessary.
However, my intention was not to have the email read only if the subject of
Charter change came up, but to enter into the record my statement to the
Council of the significance of the proposed Charter changes, and the gravity of
Council's actions.
I understand that not every Council person may be aware of the importance of
making changes to our Charter. Not every elected official has a degree in Public
Management. I hope the reading of this correspondence will serve as a reminder
that there is a need to slow down the process. Those directly involved in this
issue-- especially newly elected officials-- need to pause and take a deep breath.
We all need to fully understand where we have been before moving forward with
these proposed changes.
We elect a Mayor and Council and, in that process, we give those officials the
power to represent us. Diluting the power of the Mayor and Council by passing
decision making on to the City Manager and City Clerk is essentially changing our
form of government. This matter must not be taken lightly.
The following is my original email of July 13, 2015:
………………………………………
Honorable Council members:
The City Charter is the foundation document behind the government. The
Charter outlines the scope of what the government does as a whole, including its
rules and responsibilities to the citizens. It also lists the powers, checks, and
1
Page 82
balances that guide and define the Council. In all these ways, the charter
represents the needs of the city as a whole.
As I read these proposed changes, I feel they are primarily giving power to an
unelected official, namely the city manager, and diluting the power of the elected
Mayor and elected Council. These proposed changes, as now written, redirect
power to the city manager, and take away the responsibilities of elected
officials.
These proposed changes must be accompanied by multiple ordinance changes, as
well as changes to job descriptions. Details can be discussed at length, but this
in itself is a complex process which clearly requires more study and discussion.
I know you all have good intentions and some recent events may be the driving
force for some of these proposed actions. Please use great caution as you
consider appointing a "king maker".
I also want to point out that I became aware of this important meeting only by
chance, and I wonder just how many taxpayers are unaware as well. I feel
strongly that in fairness to the constituents these types of discussions should not
be held in the summer, when many are vacationing. And notice to the public
must be made in the most visible ways.
While I am certain there was no intent of a clandestine meeting to make changes
behind the back of the taxpayers, I am sure you would agree that the appearance
sometimes outweighs the intent.
Joan Denney
.
2
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City of Dover
MAYOR AND COUNCIL
1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2015-14
2 A RESOLUTION IN SUPPORT OF DELAWARE LAND AND WATER CONSERVATION TRUST
3 FUND (DTF) PARK GRANT APPLICATION - MALLARD POND PLAYGROUND
4 WHEREAS, the City of Dover worked with the residents in the neighborhoods surrounding Mallard Pond
5 Park to develop a plan for the park; and
6 WHEREAS, the City intends to request $31,350 from the Delaware Land and Water Conservation Trust
7 Fund (DTF) Grant Program to construct a playground in the park; and
8 WHEREAS, the City has allocated $33,000 of City funds for the construction of the playground.
9
10 WHEREAS, the City assigns Ann Marie Townshend, Director of Planning and Community Development,
11 to manage the project and coordinate the DTF Program requirements for reporting and reimbursements; and
12 WHEREAS, the City understands that parkland acquired or improved with DTF funding assistance will
13 remain available to the public for outdoor recreation in perpetuity.
14 NOW, THEREFORE BE IT RESOLVED that the City shall abide by the requirements of the DTF Grant
15 Program for reimbursements and stewardship responsibilities.
16 ADOPTED: *
17 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2015\DRAFT\RESOLUTION NO. 2015-14 MALLARD POND\Resolution No. 2015-14 - Mallard Pond Park Grant - Playground.wpd
18
19 ROBIN R. CHRISTIANSEN TIMOTHY A. SLAVIN
20 MAYOR COUNCIL PRESIDENT
21 Actions History:
22 September 28, 2015 - Scheduled for Consideration by City Council
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service
Page 88
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee meeting was held on
September 14, 2015, at 3:30 p.m. with Chairman Anderson presiding. Members present were
Mr. Lewis (arrived at 4:07 p.m.), Mr. Caldwell, and Mrs. Horsey. Mr. Hosfelt was absent. Members
of Council present were Mr. Cole (arrived at 4:34 p.m.) and Mr. Hutchison (departed at 4:36 p.m. and returned
at 4:49 p.m.). Mayor Christiansen was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Caldwell moved for approval of the agenda, seconded by Mrs. Horsey and unanimously
carried.
Review of Active Recreation Area Plan - Blue Hen Apartments Phase 2 (Planning Reference:
S-15-12)
Members were advised that an Active Recreation Area Plan for the Blue Hen Apartments (Phase 1)
was reviewed in 2007 and ultimately approved for construction. The approved Plan included 49,223
S.F. (1.13 acres+/-) of land reserved as Active Recreation Area in a central location on the site. The
included amenities were a clubhouse with swimming pool, play area with swing set, play structure,
and benches. A future basketball court was shown on the Phase 1 Active Recreation Plan but was
not subsequently constructed; however, its location was an open lawn area that could be utilized for
play. Overall, 40,750 S.F. of Active Recreation Area was constructed of the 44,500 S.F. required.
As part of the Site Plan review process for the development of Phase 2, the applicant prepared a
Conceptual Recreation Plan (presented on the Landscape Plan sheets) which illustrated how this
phase of the Blue Hen Apartments development would provide recreation amenities in accordance
with the design specifications described in Article 5, Section 10 of the Zoning Ordinance.
Mr. Bill Cook, Planner I, reviewed the Landscape Plan sheets depicting the area. He explained that
existing Phase 1 of the Blue Hen Apartments was at the rear of the site known as the Blue Hen Mall.
The total area proposed for the active recreation area was 57,000 S.F., based on a requirement of
275 S.F. per dwelling unit. There were 192 dwelling units proposed for Phase 2 of the project and
Phase 1 had 162 units; therefore there would be a total of 354 units. Mr. Cook advised members that
the site was 6.19 acres in size. A lot line adjustment would take place in conjunction with the site
development plan so that the proposed area for the apartments would be brought into one (1) parcel
as part of the site plan. The proposed apartments would go between the existing Blue Hen Mall site
and Phase 1, which was in the back. Mr. Cook indicated that the new apartments were proposed for
a good portion of the paved area behind the mall, and there would be an overall reduction in
impervious surface cover because a lot of the paved area would be eliminated. There would be 12
buildings with 18 units. Mr. Cook explained that the main entrance would be from Blue Hen
Boulevard, which goes between the mall and between the Kent County facilities. He informed
members that there was an existing day care center located near Haslet Street and Blue Hen
Boulevard which would be retained; however, some apartment buildings would also be built in that
location. The remainder of the apartment buildings would be linear and adjoin the existing Phase
1. Mr. Cook reviewed the amenities of the Phase I and proposed Phase 2 project. He indicated that
the plan submission mentioned grills and picnic areas and the details of their location would be
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PARKS, RECREATION, AND COMMUNITY
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worked out as the site plan develops. Mr. Cook advised members that the site development plan was
scheduled to be considered by the Planning Commission on September 21, 2015, however, staff had
decided to delay it at another month, primarily due to issues associated with the zoning rather than
the recreation plan specifically. He noted that there were sidewalks all along the building fronts and
parking, and a proposed sidewalk between the two (2) projects would lead to the recreational
facilities. Mr. Cook indicated that staff was working with the developer on other issues.
Mr. Cook stated that an existing playground associated with the day care center, located at the north
end of the site and near the daycare facility where the apartments were proposed, was a key area.
He explained that it was a State requirement to have this outdoor space. Mr. Cook advised that this
playground would be relocated east of and behind the existing day care center, which would
necessitate the rerouting of a path. There had been discussion with the developer about how this
path would better connect to Blue Hen Boulevard, since it was an overall goal in such plans to
connect sidewalks to the existing public sidewalk network adjacent to the streets.
Mr. Cook advised members that the developer was present and could answer questions.
In response to Mr. Caldwell, Mr. Cook explained that a basketball court was planned in Phase 1;
however, it was not subsequently constructed. He indicated that he did not know the entire history
of this matter, stating that there had apparently been some disagreement about this and that perhaps
the developer could speak to this later. The volleyball court, as proposed, would be in approximately
the same place where the basketball court had been planned.
Responding to Mr. Caldwell, Mr. Cook stated that two (2) corn hole courts were planned for Phase 2
but would be located on property that was considered Phase 1, in the area adjacent to the clubhouse,
pool, and playground. In regard to Mr. Caldwell’s question about the target audience, Mr. Cook
stated that, since many tenants would be probably be single and young family households, it was
thought that the amenities seemed consistent with the requirement for age appropriateness. He
advised members that there was a fitness center in the clubhouse, noting that not many places have
a constructed recreational clubhouse facility.
Responding to Mr. Caldwell, Mr. Cook reiterated that barbecue grills were noted in the plan
submission but not on the map. Staff clarified in the report that this needed to be noted on the final
plan as it comes through the rest of the approval process. Staff also recommended adjacent picnic
tables and a landscape plan which puts some shade in those areas, to the extent possible.
Since the basketball court was not required in Phase 1, Mrs. Horsey questioned if there would be an
alternative. Responding, Mr. Cook stated that the calculations submitted by the developer proposed
an area which was somewhat larger than was required, noting that the total area of the two (2) sites
would compensate for this. He explained that there was a shortfall in Phase 1, but Phase 2 would
make up for this.
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Mrs. Horsey expressed her concern with the lack of trees for children at day care centers in the City.
She suggested that the Committee check into this and maybe make that more of a requirement. She
questioned if this had been thought about at this particular development, since it was close to a day
care. Responding, Mr. Cook stated that staff had focused on the new features around the existing
day care center and that this concern would be noted.
Ms. Andrea Finerosky, Pettinaro Construction, 234 North James Street, Newport, Delaware, stated
that she was representing Blue Hen Apartment, LLC. She indicated that she had met with
Mrs. Ann Marie Townshend, Director of Planning and Community Development, and Mr. Cook on
September 11, 2015 and gone over the comments in depth. Ms. Finerosky indicated that they were
working toward resolution and nothing had come up that could not be handled. Ms. Finerosky stated
their belief that this would be a good project. She indicated that Phases 1 and 2 would be viewed
as one (1) complete project and all amenities would be for everyone in those sections to use.
Mrs. Horsey moved to recommend approval of the Active Recreation Area Plan for Blue Hen
Apartments - Phase 2, with the comments and conditions provided by staff. The motion was
seconded by Mr. Caldwell and unanimously carried.
Strategic Planning and Goal Setting (Restoring Central Dover Strategic Plan)
During the Parks, Recreation, and Community Enhancement Committee meeting of
August 10, 2015, members considered Strategic Planning and Goal Setting in relation to the
Restoring Central Dover Strategic Plan. Members recommended issuing an invitation to the
members of the Restoring Central Dover Steering Committee to meet with the Parks, Recreation,
and Community Enhancement Committee and deferring this item for further discussion during the
September 14, 2015 Committee meeting. These recommendations were approved by City Council
during the Regular City Council meeting of August 24, 2015.
Mr. Anderson stated that the Committee would be continuing strategic planning, finding out from
the community what was needed, and developing plans and goals necessary to set the agenda for
where the City’s parks and recreation and community development programs should. He stated that
the first step would be to develop a strategic vision and then offset the priorities, noting that staff had
the information necessary to develop the capital and other plans.
Ms. Karen Speakman, Deputy Director of the local National Council on Agricultural Life and Labor
Research, Inc. (NCALL), 363 Saulsbury Road, stated that NCALL had been the lead agency for
developing the Restoring Central Dover Plan. She introduced Tamika Graham, NCALL’s new
Neighborhood Reinvestment Coordinator, and Chanda Jackson, NCALL’s new Community
Organizer.
Members were provided a handout relating to the Restoring Central Dover Plan (Attachment #1).
Referring to the map on Page 1, Ms. Graham advised members that the study area comprised 75
blocks and the focus would be on the residents in that area, who numbered just under 4,000. She
reminded members that this area makes up a significant portion of the Downtown Development
District (DDD). Ms. Graham noted that a link was provided at the bottom of Page 1 for more
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PARKS, RECREATION, AND COMMUNITY
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information on the plan. She stated that the Collective Impact Model on Page 2 was encouraged by
grantees of the Wells Fargo Regional Foundation and explained the relationships that would take
place to move implementation forward. Ms. Graham advised members that NCALL was the neutral
convener and would be working with stakeholders to move the plan forward, noting it was their job
to build key relationships, so they would continue to work very closely with the City. Ms. Graham
stated that they had a steering committee, but the workforce of this plan was the six (6) working
groups that had been identified who would be working on the three (3) overall goals of the plan. She
indicated that two (2) of the working groups that would be of interest to this committee were the
Transportation, Green Space, and Infrastructure group and the Resident Engagement group.
Ms. Graham stated that a comprehensive resident survey took place during the planning process and
the survey found that only 35% of the respondents were satisfied with amenities that include open
space and recreational areas. She indicated that there would be an opportunity to enhance those areas
through the plan of implementation, as well as to create some new areas.
Ms. Graham indicated that Page 3 listed key recommendations from the plan related to open space.
She indicated that the Transportation, Open Space, and Infrastructure working group had just met
and talked line-by-line about these recommendations, a couple of which were intermediate and
longer-term goals. Ms. Graham stated that in the short term they would be working very closely with
the Resident Engagement group.
Ms. Graham advised members that the fourth page began a matrix for their milestones and outputs,
which was their compass for the implementation of this plan. She indicated that Page 9 of the matrix
was specifically about open space and recreation, stating that NCALL would to continue to
communicate with the Parks, Recreation, and Community Enhancement Committee regarding these
areas.
Ms. Speakman informed members that these suggestions came from the residents of the community
in terms of what they saw was needed. She indicated that NCALL’s input could range, depending
on the Committee’s interests. Ms. Speakman stated that she would like to work with the City more
in terms of recreational areas and what was and was not provided in the area. She advised members
that there had been an idea of having “play blocks”, where they would ask the police to block off an
area during a summer or fall day so that children could play in those areas. They found that when
they had a community fair, all the residents were out riding their bikes, throwing footballs, and using
lacrosse sticks. Ms. Speakman advised that the children do not get a chance to do that in their
neighborhoods because there is too much traffic and questioned whether this was appropriate and
would be supported by members. She stated that NCALL was just starting to be involved with
streetway improvements, such as the Division Street corridor.
Mr. Anderson stated that the Committee also deals issues such as housing and community
development. Responding, Ms. Speakman stated that NCALL also has Housing, Safety, and Adult
& Youth Services working groups, noting that recreation and housing would overlap with a lot of
those. She explained that they were working toward providing affordable housing and new housing
in the area for homeowners. A grant had been approved to build about seven (7) houses and to look
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 5
at restoring one (1) or two (2). An additional grant had also just been placed with the Housing
Authority for five (5) new houses, as well as five (5) new home repairs. Ms. Speakman stated that
they would start small, see how the market would hopefully improve, and keep trying to address the
vacant lots in the area, purchasing some of them, and building some new housing. She explained
that the working groups were made up of various stakeholders from the community and offered to
provide a list, noting that NCALL would welcome any members who wished to serve on any of the
committees. Ms. Speakman indicated that they definitely wanted to work with the City as closely
as possible.
Ms. Jackson advised members that, as part of Resident Engagement, they recently had a back-to-
school event serving family members in the community. She noted that free haircuts and styling,
book bags, and school supplies were provided. She stated that here was a nice turnout and they
actually ran out of book bags and supplies.
In response to Mr. Caldwell as to whether there was a main topic of concern or discussion among
the people of the area, Ms. Speakman stated that safety was the main concern. She indicated that,
although police presence was part of it and people like to see community policing, it was also just
being able to feel comfortable when talking with their neighbors and getting out. In regard to any
particular safety problem or area of concern, Ms. Speakman stated that a recent shooting and
violence were mentioned; however, this occurred after the actual survey, which was done in October
of 2013, and she felt that violence had increased after that.
Ms. Graham stated that specific areas were not mentioned in the survey; however, during housing
workshops they had asked residents to indicate on maps the areas that they felt were unsafe, noting
that they have a map that shows hot spots and areas of concern. She noted that a number of those
maps were included in the full Restoring Central Dover Neighborhood Plan.
Ms. Speakman advised that these maps match up with locations where there had been criminal
activity, which showed that people know what is going on. She advised members that NCALL was
working closely with the police on their plans for community policing in the area and with the
Department of Public Works as far as lighting for the City. Ms. Speakman mentioned an idea to try
to increase porch lighting and have them on timers. She indicated that this was something they
would be pursuing and trying to find funding for.
Ms. Speakman stated that NCALL was a member of NeighborWorks America and had access to
community and building programs throughout the country. They also go to training sessions that
involve people across the country and would be taking a group of residents to a community
leadership institute in October and were glad to bring those resources to bear.
Mrs. Horsey questioned if NCALL was involved in an upcoming City of Dover Clean Up Week.
Responding, Ms. Speakman stated that this was scheduled for Saturday, September 19, 2015 and
NCALL was involved and passed out flyers today to all the residents. Ms. Speakman advised
members that she would be working on a Habitat for Humanity build that day and hoped to recruit
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 6
some of her church members for the clean up if there were too many for the Habitat project. It was
her belief that notices were delivered to churches as well. She stated that this kind of engagement
activity gets people to talk and get to know each other, which is part of this effort.
Mr. Anderson stated that he was informed that he had been put on the NCALL Adult & Youth
Services working group and Ms. Speakman stated that Mr. Anderson would receive invitations to
the meetings of the NCALL committees related to the youth.
Mr. Anderson questioned, based in the surveys and the open house, what services and priorities
people wanted to see in the community. Ms. Speakman responded that youth activities seemed to
be key.
Mr. Anderson questioned if there could be a community calendar. Responding, Ms. Speakman
stated that between a website that NCALL set up and the City’s website, something like that could
be worked up.
In regard to particular ideas or suggestions about programs or amenities that were missing in regard
to Youth and Family Services, Ms. Speakman stated that she did not recall anything per se; however,
the committee will research what is already provided and where there were gaps, and then try to
address those gaps. She indicated that they would touch base with the residents to see if this was
what they wanted.
Ms. Graham stated that Pages 2 and 4 of the implementation matrix listed bullet points directly from
the plan about engaging youth in the community and the efforts that NCALL was trying to
accomplish. She explained that the Adult & Youth Services working group met once so far and
talked about conducting a survey using high school students to get the students involved in how the
community is improving. They planned to meet again, although they do not have a firm date;
however, the survey should help obtain a better understanding of what types of services they need
and desire.
Mr. Anderson stated that they would hopefully work in partnership with the City’s Youth Advisory
Committee so that efforts would not be duplicated.
Responding to Mr. Anderson, Ms. Speakman stated that people always want more parks and the last
page of the matrix addresses parks. Mr. Anderson stated that there were approximately 23 of them.
Ms. Speakman stated that since people had indicated they wanted more parks, this might mean that
they do not know where the parks are or they are not using them. She noted that issues came up such
as the Boys’ and Girls’ Club moving out and whether there would be transportation that would bring
the kids in the area to that facility and vice versa, and if available services would be brought into the
community a little bit more.
At the request of Mr. Anderson for a brief recap, Ms. Speakman stated that NCALL was asked by
the Cen-Del Foundation and a number of other organizations that work with the DDD and the
Downtown Dover Partnership (DDP) to be the lead agency to help apply for a planning grant for the
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Restoring Central Dover Initiative and then to apply for an implementation grant. She advised
members that both grants were received from the Wells Fargo Regional Foundation. She indicated
that NCALL was just at the implementation stage. Their steering committee has over 30 people,
from the City, from Bayhealth, Wesley, and the Capital School District. There was a wide variety
of stakeholders involved, as well as residents, and a number of non-profits like Habitat for Humanity,
as well as groups like the Dover Interfaith Mission for Housing, which serves the homeless.
In response to Mr. Anderson regarding the next steps and priorities in terms of partnering with
respect to the DDD, Ms. Speakman stated that there was great synergy and timing. She did not think
some of the physical improvements could occur in the next five (5) years without the DDD
designation, as well as the State legislature’s appropriations of moneys. Ms. Speakman stated that
some components had not been funded, noting that additional funding for the Strong Neighborhoods
program had not been allocated for FY 16, but they were generally pleased. She cautioned that the
physical aspects were only part of the effort, and if people do not want to move to or buy in the area
and do not feel safe, it will not happen. Ms. Speakman indicated that NCALL would be working
hard to engage the residents to come up with solutions or ways to change.
Mr. Anderson stated that NCALL should feel free to bring more information to the Committee as
they receive it and stated that members would be glad to bring NCALL back for updates. He
suggested that they come back every couple of months to allow for coordination and working
together.
In response to Mr. Lewis, Ms. Speakman stated that the intentions as far as safety was for all
involved to work together. She stated that this would mean working with the police and making sure
that they want to do community policing and find out where they have and have not tried to find
money for this. Ms. Speakman expressed the desire to work with the police cadets and introduce
them to people as they walk through the streets. She indicated that they would like to have the police
at all of NCALL’s community events as well. Ms. Speakman felt that safety also involves making
sure that there is a community effort for residents to be involved. Mr. Anderson invited NCALL to
return to talk about economic inclusion since it would be part of these efforts.
In response to Mr. Anderson, Ms. Speakman stated that members of the Committee and community
who wanted to be involved could provide her with their email address or call NCALL at 678-9400
and ask for herself or Ms. Graham, whose email address was tgraham@ncall.org. She noted that
NCALL’s website (www.ncall.org) also has a lot of information.
Members were provided a brochure regarding the MLK Jr., Educational Community Center, Inc.,
(Attachment #2). Dr. Garcia Walker, president of the MLK Jr., Educational Community Center,
430 New Castle Avenue, expressed appreciation for the opportunity to speak. He stated that this
organization was part of the solution to revitalizing Dover and bringing back stability with the youth,
adults, and a total positive culture for our City. Dr. Walker stated that the organization’s mission
was “To provide skills, services, opportunities to empower individuals faced with barriers and
obstacles that will assist them in restoring community and family self-sufficiency while establishing
a roadmap for success.” Dr. Walker stated that this was the second or third time they had presented
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in the Chambers and had made a lot of progress. He indicated that the center’s educational
development program was offering after-school tutoring and Saturday academies, as well as a
counseling program directed by Mr. Alex Cropper, including family, substance abuse, domestic,
mental health, anger management, and DUI counseling. Dr. Walker indicated that Ms. Anne Smith,
Director of Workforce Development, trains individuals in the community for certain types of jobs
and Dr. Ira Roach serves as Director of Adult Education. Dr. Walker advised members that they
offer diploma programs for individuals who have not been able to achieve that level of their
education. Dr. Walker felt that many crimes in the Dover area are committed because of lack of
income, jobs, and economics, and if these can be fixed one piece at a time, Dover will thrive again
over a period of time. He explained that the community center had formed a partnership with the
Dover Housing Authority (DHA) through Mrs. Ami Sebastian-Hauer, Executive Director, and the
organization’s buildings were donated or loaned to them by the DHA, and he thanked God for them.
He stated that Pastor Grimes had been doing a great job in the community and they would be using
the Solid Rock Baptist Church’s location for tutoring and for their Saturday academy. Dr. Walker
stated that the MLK Jr. Educational Community Center, Inc. locations in Manchester Square, Senate
View, and the Dover Community Outreach Center were reaching the demographic where many
negative things are occurring. Dr. Walker assured member that they were here in full force to talk
to the Committee and to the budget committee to hopefully find some type of solution to make
Dover better again.
Mr. Alex Cropper, Vice President of the MLK Jr., Educational Community Center, stated that
Councilman Anderson had been to a couple of their community events and heard directly from the
constituents where the area of concerns lay. He noted that a lot of the residents spoke on job training
and jobs and that their program offers those things. He explained that they were looking to
implement programs in the community that will help. Mr. Cropper acknowledged that safety was
a concern but felt that job training, jobs, and education, etc., were needed to make these individuals
vital again. He believed that with the help of the center, the City, and other agencies, and with the
community coming together for that cause, Dover could be made safe again.
In terms of strategic planning, Mr. Anderson questioned what types of resources should be available
and if there was a lack of resources, whether it was a building location or a program. He questioned
where a partnership could happen and what the priority should be. Responding, Mr. Cropper noted
that a lot of individuals do not have access to job training in their community. He suggested adding
job training and workforce development right in their community to show them they can be
successful in life.
Ms. Smith stated her belief that it was essential to partner with employers, which was included on
their list of things to do. They would ask them to adopt the employee. Ms. Smith stated their desire
to ask the employee about their needs and try to satisfy those needs by preparing people to have
skills. In addition, Ms. Smith stated that they would be looking at incorporating families to support
employees, since the family plays an important role in the success of an employee.
Page 96
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 9
Dr. Ira Roach, Director of Adult Education, MLK Jr., Educational Community Center, Inc. stated
that they would like for everyone to participate in their high school diploma program; however,
people have to pay. With private payments, they had 105 people graduate last June and, with
partnership, Dr. Roach felt they could possibly pass that number.
Mr. Caldwell stated that people need assistance with preparing for a job and being motivated to go
out and do the job without giving up.
In response to Mr. Lewis, Mr. Cropper stated that they had been in existence since March 2015,
noting that they came together after an incident in Simon Circle and had been meeting since then to
put this program together.
Responding to Mr. Lewis regarding their success rate, Mr. Cropper stated that the high school
diploma program was the only program that had been implemented and it had a 100% success rate.
Everything that they would be doing would be staff-driven and data-driven to measure the success
of the program. Mr. Cropper stated that, through the partnership with DHA, they had access to every
resident in that neighborhood to track, monitor, and measure success. He looked forward to
exceeding their success with the high school diploma program and reporting their success with other
areas.
Responding to Mr. Lewis, Mr. Cropper confirmed that the organization was non-profit.
In response to Mr. Lewis, Dr. Walker stated that there were currently no employees since staff was
volunteering their time and finances were coming from their own pockets. He noted that they had
spent $7,000 since implementing the program and they were interested in obtaining funds.
Dr. Walker indicated that he was from the Banneker Heights Apartments in Milford, De., and had
seen what a young man can do if he receives the proper education. Dr. Walker stated his belief that
he was the first Ph.D. that came out of his housing development 30-40 years ago, noting that there
were organizations like the MLK, Jr. Education and Community Center when he was coming up that
helped but were not there anymore. He felt that there were several Dr. Walkers in these
developments right now and expressed the desire to reach these young men and women and adults
to show them success and that somebody cares. He indicated that they had formed partnerships with
the Capital School District, local Greek fraternities and sororities, the Interdenominational
Ministerial Alliance (IMA) and other agencies to get the mission accomplished.
In response to Mr. Hutchison regarding partnerships with the new school system to identify
students that are dropping out, Dr. Walker stated that he had a meeting scheduled with the
Dr. Sylvia Henderson, new Assistant Superintendent in the Capital School District, this week.
Coming from a Milford School District, he estimated that there is a dropout rate of
approximately 5%.
Mr. Hutchison thanked those present for their volunteer work and stated his opinion that the number
one problem facing this country, and every city across the land, was the loss of family and family
values. Noting the drug problems, he stated that law enforcement cannot solve all problems.
Page 97
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 10
Mr. Hutchison stated that he was unfortunate as a young person and knew what is was like to be
touched by the values of people who cared about him. He stated that if he could do it, everybody
could do it. Mr. Hutchison expressed the need to reach out to every single person, no matter where
they come from.
Dr. Walker stated that an article about Mr. Hutchison when serving as Chief of Police 20 years ago
had inspired him as a young man and he thanked Mr. Hutchison for that. He noted that
Mr. Hutchison had come from the Elizabeth W. Murphey School home.
Mr. Hutchison stated that he serves on the board for the Murphey school, which had been in
existence for 97 years. Over 5,000 young men and women had gone through that program and
almost every one had been a success story. Mr. Hutchison stated that this was what the MLK, Jr.
organization was trying to do. He indicated that they were touching a lot of people and expressed
his support.
Ms. Horsey applauded their efforts 100%, noting that education was the ticket that everyone needed
every day. She questioned how much it cost to obtain a high school diploma through their program.
Responding, Dr. Roach stated that it was approximately $200 since they were trying to keep the cost
low so everyone could pay by payments, but $1,000 per student would help to cover everything and
include a career certificate or career diploma as well. He stated that they were trying to push getting
more than a high school diploma, noting that everyone does not go to college, but at least getting a
certificate in culinary, dietary aide, or construction would help.
Ms. Horsey suggested including information in the brochure about the cost of getting a diploma, and
another level for culinary, etc. This would help people wishing to contribute.
Dr. Walker stated that they had missed the grant season, but their ultimate goal was to provide these
services for free through grants. He explained, when dealing with a certain population, mentioning
a dollar amount deters them. Dr. Walker noted that their staff was all experts in different fields,
himself in education; Mr. Cropper as a certified drug and alcohol counselor; Mrs. Smith in
hospitality at Delaware State University, and retired Dr. Roach was the educator in the diploma
program. He reiterated their desire to give back to the community.
Mayor Christiansen stated that he knew these individuals were going to be winners from the moment
they stepped into his office and told him what their dream and initiative was because they had that
certain fire. He expressed his pleasure that they partnered with the Delaware State University School
of Business and the DHA. Mayor Christiansen noted that they had not just talked about what they
were going to do, they were doing it and were going to be a success. He felt that if people would
look to the MLK Center as a template of how to take care of the entire city, Dover could not be
anything but successful, indicating that they had his support and would continue to have it because
their organization was a winner.
Page 98
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 11
Ms. Denise Tolliver, 109 Garden Gate Road, Camden, stated that she was impressed with this group
and their efforts; however, she felt that they were asking for financial support from the City of Dover
and a commitment of seed money. She indicated that NCALL gave a presentation and had received
$750,000 from the Wells Fargo Foundation. Ms. Tolliver stated that the program had a youth
component and asked where the City was on supporting this start-up group with seed money, which
it seemed they were asking for. Responding, Mayor Christiansen stated that he did not think they
were asking for this, noting that they were seeking out grant monies.
Dr. Walker stated that they had perceived it to be loosely put in the budget that the City was going
to do something. He stated that attended the Special City Council Budget Review meeting and he
indicated that if something could be allocated through the City’s five (5) year strategic plan, they
would appreciate it being in the budget.
Ms. Tolliver questioned what was needed in terms of dollars from the City of Dover to carry them
over until they got grant money. Responding, Dr. Walker stated that to get going with six (6)
programs, they were looking at approximately $100,000. Mr. Lewis stated that this was a lot of
money. Ms. Tolliver agreed that it was, but stated they were ready to provide a proposal and have
the City respond to it.
Mr. Anderson stated, in the overall scheme of things, this was not much compared to the social costs.
He indicated that the Committee could deal with coordination, networking, facilities, and a lot of that
had been done so far. Mr. Anderson expressed the need to do more and to keep working together,
stating that the City would help as best they could to find some of those grants.
Dr. Walker expressed appreciation for the efforts and stated that they would keep moving forward
and hope that they could come to some agreement in terms of partnering with the City.
Mr. Anderson suggested that when they are implementing and developing some of their programs,
such as tutoring and after-school programs, they might consider marketing the in the City. He noted
that the City has different programs, but there are gaps.
Dr. Walker questioned where they could get the names of these different organizations, stating that
they have a partnership with the food bank to feed these individuals after the tutoring program, a
place to have it, and certified teachers tutoring, but zero dollars. He indicated that he was paying rent
for certain buildings, although some buildings were donated, and they must pay their electricity and
things of that nature. Noting the time constraints and an additional agenda item, Mr. Anderson stated
that these things could be discussed “offline.”
Ms. Tolliver questioned if there was financial support available through the City of Dover to support
the MLK Jr. Education Community Center. Responding, Mr. Anderson stated that he could not
answer that at this point because that would have to be part of a budget process. He stated that they
were trying right now to establish the strategic plan, ideas, and partnerships needed, because this
would inform the budget process.
Page 99
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 12
Ms. Tolliver questioned the process for being formally considered to be part of the budget or
strategic process. Responding, Mr. Anderson stated that the City Manager has a grant-in-aid form.
He suggested that they look to see if the program would fall within the Community Development
Block Grant (CDBG) program. Mr. Anderson indicated that they should not expect to see most of
this money coming from the City because of the budget process, noting that this was just a reality.
Mr. Anderson advised that they would have to get into the grant-in-aid and community development
processes. He indicated that the State had some opportunities; however, it typically takes three (3)
years before the State would kick in and this organization was new. He indicated that he was sure
the organization’s partnership with the City would continue.
Mr. Anderson questioned if the Committee had any comments or recommendations in regard to the
plan. Noting the time constraints of the meeting, Mrs. Horsey stated that she would like to have
another month to review it.
Mr. Anderson thought that they should start recommending some of the items, such as looking at
indoor restroom facilities at the two (2) major parks, which people had requested more often than
anything, as well as exercise paths and training stations, which were things that people were
requesting that did not cost a lot of money.
Mr. Lewis stated that he could come up with 10 items right now if there was funding, but it was all
about the funding, which he felt was the major question.
Mr. Anderson stated, looking at this year’s budget, that there were several items included over the
next five (5) years, but the question was what should be the first priority. He questioned whether
indoor facilities, outdoor amenities, another building, a splash park, or a skate park should be put in.
Mr. Lewis reiterated that it would come to funding, stating that he would not commit to anything at
this juncture until he saw the figures in paper. Mr. Anderson stated that there were projects in the
budget and the question was where members wanted to head next year.
In response to Mr. Caldwell, Mr. Anderson stated that the splash park was in the long-term budget.
Next year would be the design phase and the year after that would be the implementation.
Responding to Mr. Lewis, Mr. Anderson confirmed that this had been voted on and approved;
however, this could be changed. He felt that the question was where it should be put. He suggested
that everyone review the capital budget and Recreation Needs Assessment, talk with constituents,
and come back with their top five (5) ideas and set priorities. He stated the desire to finish this next
month.
Update on Lincoln Park Walk Through
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that on August 20, 2015 there was a walk through of Lincoln Park with a group or residents from
the area. She noted that there was a good exchange between staff, elected officials, and residents.
Staff took point data and started to create a spreadsheet of a number of things that need to be done.
Mrs. Townshend indicated that a lot of the easier issues had been completed and many items were
Page 100
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 13
things that the Public Works Department needed to follow up on. She advised members that Public
Works crews removed and disposed of what seemed to be chemical containers at the corner of
Slaughter and Clarence Streets. Paper alleys that had been overgrown had been mowed and
maintained, and overgrowth had been cut back in the areas where it was impeding the street.
Mrs. Townshend stated that there were a number of longer-term issues that needed to be dealt with,
including the lack of sidewalks on Slaughter Street. There were driveway violations and parking on
the grass violations in that area. Staff was working to come up with interim guidance on parking
because they did not want to have people spend a lot of money to put in expensive driveways and
aprons and then come have the sidewalk projects come through, so staff would be doing interim
compliance on the driveway issue with the anticipation of developing a capital project to install
sidewalks within the next several years.
Mrs. Townshend advised members that there was a vacant house on Davis Circle that some residents
said had a lot of cat activity. Enforcement staff had checked the residence and stated it was secured
and they did not see anything concerning, but it had been vacant for over six (6) years. She assured
members that staff would start the process to move it into the dangerous building queue since a
number of residents had expressed concern. Mrs. Townshend indicated that the Electric Department
had changed out an electrical transformer that was found to be rusted, and a number of active cases
had been started on code enforcement issues in response to what they heard from the residents.
Mrs. Townshend explained that speeding had been discussed, and Representative Sean Lynn had
funded an electronic radar speed sign that Public Works was working on getting installed. A resident
had pointed out one (1) house where there were concerns about criminal activity. Mrs. Townshend
contacted the police and it was determined that it was not a candidate for the Safe Communities
program because there had not been any documented activity. She explained that Lincoln Park
residents were told about the need to call the police if they see problems because if there is no
documentation, action cannot be taken by code enforcement or the police. Mrs. Townshend
explained that staff was continuing to work through the issues and could update the Committee
periodically.
Mr. Lewis stated that there were speeding issues in his district and there had been an electronic
speeding sign erected there for years. He had witnessed people speeding down that street with no
remorse. Mr. Lewis suggested getting together with the police chief to see if they could utilize
officers to perhaps do something such as weekly speed traps, because it was a severe safety issue.
He indicated that he had been approached by 10 constituents in his district regarding this problem
on East Loockerman Street. Mrs. Townshend stated that staff could follow up on this.
Mr. Anderson expressed thanks for Council President Slavin’s leadership and staff for their efforts
in coming together regarding Lincoln Park, stating that he had been hearing a lot feedback from
residents there who had indicated that things were getting done after waiting for years. He stated that
people had been giving up on the neighborhood, and now there was new life and they seemed ready
to take it back.
Page 101
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 14
Mrs. Horsey moved to recommend acceptance of the report, seconded by Mr. Caldwell and
unanimously carried.
Mr. Caldwell moved for adjournment, seconded by Mrs. Horsey and unanimously carried.
Meeting adjourned at 4:58 p.m.
David L. Anderson
Chairman
DLA/TM/js
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2015\09-14-2015 PR&CE.wpd
Attachments
Attachment #1 - Handout from NCALL - Restoring Central Dover Plan
Attachment #2 - Brochure - MLK Jr., Educational Community Center, Inc.
Page 102
ATTACHMENT #1
PR&CE Meeting of 09/14/2015
... . . .
PLAN
AREA
THE PLAN AREA
IS MADE UP OF
7 BLOCKS
WHICH IS
APPROXIMATELY
39 ACRES
IN SIZE
·. •
j '•
OU~ .VISION ro~ VITAlfTj ATTACHMENT #1
PR&CE Meeting of 09/14/2015
Restoring Central Dover's Neighborhood Plan and Executive Summary are available at www.ncall.org
Page 103
Collective Impact Mod el
RESTORING CENTRAL DOVER PLAN IMPLEMENTATION
COMMO N AGENDA AND SHARED METRIC S
Strategic Guidance Partner-driv en Action
and Sup ort 0
RCD
STEERING
COMMITIEE
Community partners working on strategies
0
WORK GROUPS
~
0
11..
0
a. • Guides strategy
a.
:::J • Supports aligned
V)
cu
activities 0
c • Establishes shared
0 measurement
.c
0 0 =COMMUNITY PARTNER
..ll::
u
co
CD
•
•
Builds public will
Advances policy c9a0 (e.g. nonprofit, fu nder, business,
public agency, parent)
• Mobilizes resources
00
Collectlve Impact is the commit ment of a group of important actors from different sectors to a common agenda for solving a specific social problem at scale.
Page 104
''iii]
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.. ..
,,,.. • LU••:t·• ~J.1 ,
·- . 1 ... . .. . ..
, ,.,,.
Estimated Non-
Recommend ation Tmeframe Responsibility I Pa1tne1S
CaollalCost
Source of Funds Estimated Capital Costs
I Source of Funds Total Costs
DEVELOP PROGRAMMED RECREATION Intermediate City Depl of Parks and
$20,000 State and City $250,000 Siate and City $270,000
SPACES Term Reaealion
Initial Action Stens - Examine existinn and other actions for recreational scaces 1n Central Dover for best use according to community needs
I
Unnrade, and make the exlstinn narks in the nlan area accessibM! and user friend Iv
I
STRATEGICALLY DEVELOP POCKET PARKS Intermediate WFRF/DDP I City and propeny
ON VACANT LOTS Term
DDP, City OF Dover $25,000
owners
Initial Action Steps - Create pocket oarks where vacant land exists that could be used for recrea tion, re laxing or community gardens.
$250,000
I Stale and City /DDP
I
$275,000
I
CR EATE A WEST L OOCK ERMAN GATEWAY
PARK
Long Term City of Dover $5,000 Owner and City of Dover $50,000 Owner and City of Dover $55.000
Initial Action Sfeos - De termine site owner's willlnoness to oartner
I
Oevelop-olan for the park and construct the nark
Residents I Steering
I
ENAB LE PLAY STREET DESIGNATION Shon Term $10,000 WFRF/NoighborWorks $0 $10,000
Committee
lnitiaf Action Steps ·Meet wtth the residents to identify the streets and best limes during the year to close off a street as a play street
I
Work with the Citv to determine the orocedure for tumina a street into a n1::1v street durina summer months
Establish the nrocedure
Establish and nub6cize the schedule or calendar of when certain blocks of each street would be a olav street
I
INTEGRATE GREEN STORMWATER
MANAGEMENT ON WATER STREET
Long Term City of Dover I DNREC $10,000 State and City of Dover $0 $10,000
I
Initial Action Steps ·Contact the City to leam \Yhat the plans are for stormwater Improvements aSOng Water Street and advocate for the integration of
I
green stormwater management
TOTAL COSTS $235,000 $3,950,000 $4,185,000
IMPLEMENTATION APPROACH
Page 105
Project Component Milestones Target Completion
Milestones are the main action steps necessary to implement a program. Date
A STRONG COMMUNITY
Building Community Capital
Establish Resident-Led Civic I. Organize leaders, orient, start having meetings I. by 1213112015
Groups 2. Formalize.association and/or neighborhood watch 2. by 12/3112016
3. Have residents take on more and more leadership aspects of the plan 3.by 613012017
I.Assemble residents, partners and sponsors to plan I.by 613012015
Annual "Celebrating Central 2.Plan all aspects, raise donations 2.by 713112015
Dover" Block Party 3.Hold event and continue annually through 612020 3.by 913012015
l .Secure partners and sponsors I.by 1213112015
Organize "Community Clean-Up 2. Organize teams, tasks, materials, food/drinks, giveaways 2.by 313112016
Day" 3.Hold event 3.by 1013112016
Prevellt Crime & Increase Public
Safety
1. With Ministerial Association, form citizen oversight committee I. by 913012015
Establish collaborative, 2.Have initial meetings }Vith Dover Police 2.byl 213112015
community policing 3.Establish regular meetings and dialogue 3.by 3/3112016
1.Seekfunding and design unit and cadet program I.by 913012015
Deploy Police Unit and Cadets 2.Discuss/plan with collaborative 2.by 9130/2015
3.ldentify officers and cadets and train/orient 3.by 1213112015
4.Roll out service 4.by 313112016
I.Design and price network l.by 913012015
Expand Surveillance Camera 2.Seek funding, prepare applications/proposals 2.by 1213112015
Network 3.Installation 3.by 613012016
l.Design needed street lighting and porch/house light model and plan I.by 313112016
Improve Lighting (street & house) 2.Seekfunding, prepare applications/proposals 2.by 1213112016
3.Install street lights 3.by 613012017
4.Install porch/house lights 4.by 12131/2017
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Page 106
Engage Youth In Community I.Police Department and residents plan and organize I.by 12/3I/20I5
Establish Police Athletic League 2.Seekfunding and volunteers for sustainable program 2.by 6/30/20I6
3.Roll out program 3.by 9/3012016
Create Youth Outreach & I.Complete construction ofSolid Rock Baptist Church community center I .by 9/30/2015
Education Support Center and Inner City Cultural League center (both are under construction)
2.Develop programming models for both centers 2.by 12/31/20I5
3.Start to roll out array ofyouth & educational services 3.by 3/3I/20I6
Expand Adult & Family Services I. Convene transitional housing providers I.by 6/30/20I6
Expand Transitional Housing and 2.Finalize project plan to add more units for families with children 2.by 3/31/2017
Related Services 3.Seekfunding to develop units according to plan 3.by 12/31/20I7
4.Start construction 4.by 6/30/2018
5.Finish construction, assemble services, put units in service 5.by 613012019
Establish Family Service I.Engage United Way ofDelaware (Dover Office) to lead this I.by 913012015
Collaborative 2. Convene meeting offamily service providers 2.by 313112016
3.Establish an on-going service provider work group to coordinate 3.by 613012016
services for Central Dover (more targeted, deeper, more convenient)
Expand Financial Education and I.Identify and recruit participants I.by 913012015
Housing Counseling Services 2.Secure meeting space within the plan area 2.by 913012015
3.Beginfinancial coaching at Central Dover site 3.by 12/3Il2015
4.Begin on-going housing counseling workshops, one on one sessions, 4.by 3/3Il2016
and potentially establish a home buyers club
I I
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Page 107
Project Component Outputs Target Completion
Outputs are quantifiable measures which represent immediate products Date
A STRONG COMMUNITY or services produced by the program
B ui/d Community Capital
Establish Resident-Led Civic 1. Hold 3 - 4 community meetings per year with average attendance of 12115 to 6/20
Groups 20 people
2.Activate a Neighborhood Watch program, recruiting 20-30 residents to 12116
have coverage multiple days ofthe week, as advised by police
Annual "Celebrating Central I .Hold Annual Block Party Event with I 00 people attending 9115 to 6120
Dover" Block Party
Organize "Community Clean-Up I.Organize and hold event annually involving 50 volunteers/students I 0116 to 6120
Day"
Prevent Crime & Increase Public
Safety
Establish Collaborative, I.Organize and begin having regular ongoing meetings with police (3-4 3116 to 6120
Community Policing per year) with 20 residents and leaders
Deploy Police Unit and Cadets I .Secure funding and implement Police Cadet program ofsix (6) cadets 12115
2. City ofDover hire five (5)new full-time police for Downtown unit 3/16 to 6120
Expand Surveillance Camera . I .Design, price, seekfundingfor. grid of25 additional cameras 12115
Network 2.Installation of25 cameras in key parts ofplan area 12116
Improve Lighting (street & house) l .Design,seekand securefundingfor 20 street lights and 150 12116
porch/house lights
2.Install 20 street lights 12117
3.Install 150 porch/house lights 12117
I I
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3
Page 108
Engage Youth In Co111111u11i(J'
Establish Police Athletic League I.Police Deparf1nent and 5 residenr.slchurches plan, organize, seek 6116
funding and 20 police volunteers
2.Roll out progJ_:am with 1Pcelcly activities for 25 youth. 9116
Create Youth Outreach & 1. Complete construction ofSolid Rock Baptist Church communify center 9115
Education Support Center and Inner City Cultural League center (total 10, 000 sf)
2.Develop service menu.for both centers 12115
3.Launch ongoing youth & ed11catio11a! services, multiple days per week; 3116 to 6120
for 25 youth
Expand Adult &. Family Services 1. Convene three (3) transitional housing providers 6116
E>..pand Transitional Housing and 2.Develop a plan & seek fimding to add J 0 units for families with 12117
Related Services children
3.Start construct ion (J 0 units) 6118
4.Finish construction, assemble services, put 10 unifs in service 6119
Establish Family Service I.Engage United ·way ofDelaware (Dover Office) to lead this 9115
Co!!aborative 2. Convene meeting of I 0 Jam i(v service agency providers 3116
3.Esfablish an on-going work group ofservice providers and meet 6116 to 6120
quarterly or as needed with aNendance of I 0-J 5
Expand Financial EducaNon and I .Financial coaching lo 25 residents annually (125 total) 12115 to 6120
Housing Counseling Services 2.Housing counseling services to 25 residents annually (125 total) 12115 t6 6120
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Page 109
Project Component Milestones Target Completion
Milestones are the main action steps necessary to implement a program. Date
POSITIVE DEVELOPMENT
Strengthen Existing Housing
Expand Housing Repair I .Meet with partners to finalize program details to serve Central Dover I .by I2/3I/20I5
Programs 2.Develop major homeowner repair program 2.by 6/30/20I6
3. Develop a volunteer home fix-up and repair program 3.by 613012016
4.Seek funding from HDF, CDBG, state, and private sources 4.by I2/3I/2016
5.Provide education and training resources to homeowners 5.by 12/3I/20I6
(responsibilities, upkeep, financial management)
6.Implement major repair program (5 homes per year), and volunteer 6.by 1/I/2017
home fzx-up program (5-10 homes per year)
Strengthen Code Enforcement I.Engage consultant to assess department efficiency and identify areas 1. by 3/3I/2016
for improvement
2. Work with homeowners and landlords to provide education and 2. by 6/30/20I 6
financial incentives to maintain units
3.DHA & DSHA will notify City when unit fails Section 8/voucher 3. by 6/30/20I 6
inspection - process in-place
4.lmplement recommended improvements for code enforcement 4. byI2/31/2016
Boost Homeownership and 1. Convene developers to build/repair affordable and market-rate I .byI2/3I/2015
Implement Other Affordable homeownership and rental units
Housing Options 2.Finalize structure ofmulti-faceted strategy 2.by 3/3I/2016
3.Recruit potential homeowners - ongoing 3.by 6/30/20I6 initially
4.Secure capital for projects - ongoing 4. byI 213 I/20 I 6initially
5. Undertake predevelopment process 5.by I2/31/20I6
6.Start construction: new construction & rehab, homeownership & 6. by 6/3012017
rental
Support New Housing & Mixed
Use Developme11t I.Formally request the City & Planning Commission to explore I.by I2/31/2015
Encourage Zoning Flexibility to new/revised ordinances supporting development in Central Dover
Enable In-fill Develooment 2.En!!af!e residents in establishinf! desif!n standards, architectural 2.by 313112016
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Facilitate Parcel Assembly & element to compliment the area
Redevelopment 3.Explore land bank and land trust options for redevelopment efforts 3.by 613012016
Evaluate Ways ofProviding 4.City establish financial incentives to promote development 4.by 1213112016
Financial Incentives for 5.Seek City cooperation to allow upper story housing activation 5.by 913012016
Development 6.Develop pilot program with financial assistance for business owners to 6.by 313112017
Provide Assistance for Activating activate upper stories and combine withfar;ade and unit improvements
Upper Stories Along 7.Implement pilot program 7.by 913012017
Loockerman Street
Encourage Reinvestment in
Commercial Corridors I.Review, revise, & implement Downtown Marketing Plan with updates 1.by3/31/2016
Build and Expand for public, investors, business owners, & stakeholders
Marketing/Branding Efforts for 2.See what marketing/branding is necessary for Central Dover 2.by 3/3112016
the Loockerman Street Corridor 3. Ongoing implementation and revision of marketing materials, signage, 3.by 313112017
and Central Dover etc. as necessary
4.Recruit new businesses to Central Dover 4. by 12131/2017
I .by 913012015
Activate Vacant Storefronts and 1.Have Downtown Dover Partnership (DDP) and Arts community
Pop-ups coordinate implementation of creative work by area youth and displays
by nonprofit organizations in vacant storefronts 2.by 313112016
2.Encourage pop-up stores and incubator businesses by providing.free
rent incentives
I.by 313112016
Expand Small Business I.Assess on-going small business needs in L'oockerman Corridor 2.by 3/3112016
Development Programs/lending, 2. Continue and expand DDP Technical Assistance for small business
Recruit Major Employers to including workshops, design assistance, business loans, mentoring, etc. 3.by 913012016
Establish Satellite 3.Hold recruiting meetings with larger employers sharing benefits and
Offices/facilities in Commercial facilities available in Central Dover
Corridor
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Project Component Outputs Target Dates
Outputs are quantifiable measures which represent immediate p roducts
POSITIVE DEVELOPMENT or services produced by the program
Strengthen Existing Housing
Expand Housing Repair I .Implement substantial repair program (5 homes repaired per year, 15- 1117 to 6120
Programs 20 homes total)
2.Implement volunteer home repair program (5-10 homes repaired per 1117 to 6120
year,25 -40 total)
3.Provide education and training resources to homeowners 12116 to 6120
(responsibilities, upkeep, financial management) - 25 per year (100
total)
Strengthen Code Enforcement 1. Work with homeowners and landlords to provide education and 6116 to 6120
financial incentives to maintain units -25 per year (100 total)
2.Implement new code enforcement initiative by City 12116 to 6120
Boost Homeownership and 1. Construct 45 homeownership and rental units (new construction and 6117 to 6120
Implement Other Affordable home repair) - 15 per year
Housing Options
Support New Housing & Mixed
Use Development I.Engage residents in establishing design standards, architectural 3116
Encourage Zoning Flexibility to element to compliment the area (10-20 residents)
Enable In-fill Development 2.Secure and utilize ordinance and zoning changes to foster development 6116 to 6120
Facilitate Parcel Assembly & 3. City establishes four (4) financial incentive programs to promote 12116
Redevelopment development
Evaluate Ways ofProviding 4.Develop and implement pilot program with financial assistance for 911 7 to 6120
Financial Incentives for business owners to activate 5 upper stories and combine withfa<;ade and
Development unit improvements
Provide Assistance for Activating
Upper Stories Along
Locckerman Street
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Encourage Reinvestment in
Commercial Corridors
Build and Expand 1.Jmplementation and revision ofmarketing materials, signage, etc. as 3117 to 6120
Marketing/Branding Efforts for necessary targeted to public, investors, businesses, .& stakeholders
the Loockerman Street Corridor 2.Recruit new business to Central Dover (I per year, 3 total) 12117 to 6120
and Central Dover
Activate Vacant Storefronts and I.Have Downtown Dover Partnership (DDP) and Arts community 9115 to 6120
Pop-ups coordinate implementation ofcreative work by area youth and displays
by nonprofit organizations in vacant storefronts- (5 storefronts per
year,25 total)
2.Encourage pop-up stores and incubator businesses by providing rent 3/16 to 612020
incentives (2 pop-ups per year, 10 total)
Expand Small Business I .Assess on-going small business need, continue and expand DDP 3116 to 6120
Development/Lending, Recruit Technical Assistance for small businesses including workshops, design
Major Employers to Establish assistance, business loans, mentoring, and examine and pilot other
Satellite offices/facilities in opportunities (ongoing service 3 business per year-12 over 4 years)
Commercial Corridor 2.Develop and implement recruitment initiative focused on relocating 9116 to 6120
smaller operations to the corridor and targeting mid-size available or
vacant properties (1 per year - total of3)
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Project Compone nt Milestones Target Completion
Milestones are the main action steps necessary to implement a program. Date
AN INTEGRATED PUBLIC
REALM &
INFRASTRUCTURE
Improve Tramport ation
111/rastru cture
Expand and Enhance Transit l.Request the City ofDover to conduct an in-depth transportation 1. by 3131/2016
Services and Improve Bus Stops accessibility study
and Transit Depot 2.Advocate with DELDOT/DTC for better bus routes and better times of 2. by 313112016
operation
3. Change name of bus route 109 to Central Dover 3. by 1213112016
4. Meet with community and [!ELDOT IDTC to determine best placemen t 4.by 121311201 6
ofadditional bus shelters and improvements needed at Transit Center
5. Construct additional bus shelters and add seating, public restrooms 5.by 1213112018
and real-time displays at Dover Transit Center
Build on Existing Bike 1.Support and advocate for the proposed improvements and expansions I.by 613012016
Infrastructure to the bicycle network in Central Dover, especially the enhanced
through-access on Route 8 and Loockerman Street.
2.Examine possibility for development of bike lanes on Route 8 and 2.by 613012018
creation ofa north-south bike route through Dover
Improve Pedestrian Connectivity l.Repair broken and eroding sidewalks in Central Dover and widen l.by 913012018
and Infrastructure them where possible
Enltatice Open Spaces and
Expand Green l11frastructure
Develop Programmed Recreation I.Engage Dover Parks & Recreation to create a strategy for existing I.by 613012016
Spaces recreational spaces, community needs, and options for programmed
recreation in Central Dover or access for residents to existing spaces
2. Upgrade and make existing parks in plan area accessibl~ and user 2.by 613012018
friendly
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Strategically Develop Pocket I.Finalize identification ofsites to develop pocket parks in plan area I.by 613012016
Parks on Vacant Lots 2.Create pocket parks where vacant land exists that could be usedfor 2.by 613012017
recreation, relaxation or community gardens
Enable Play Street Designation 1. Work with City to develop procedure/ordinance for turning streets into I.by 6/3012015
play areas at certain times in summer months
2.Meet with residents to identify streets and best days/times 2.by 9/3012015
3.Establish and publicize schedule for play streets annually 3.by 12/31/20I5
initially
Integrate Green Stormwater 1.Contact City to learn about plans for stormwater improvements along 1.by 613012019
Management on Water Street Water Street and advocate for integration ofgreen stormwater
management construction techniques -follow up as needed
1 I
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Project Component Outputs Target Dates
(hntputs arc quantifiable measures which npresent immediate
AN liNTEGRATED PUBLIC pr oducts or services produced by the program
REALM&
INFRASTRUCTU RE
Improve Transportation
Infrastructure .I
Expand and Enhance Transit I.Improved bus routes and times in service for Cetral Dover 6/I6 to 6120
Services and Improve Bus Stops 2.Construct 2 additional bus shelters in plan area I2/17 tol2/18
and Transit Depot 3.Improve Dover Transit Center with shelter, seating, public restroom, 12118to12119
and real-time displays
Build on Existing Bike 1.Suppqrt and advocate for the proposed improvements and expansions 6/I 6to12117
Infrastructure to the bicycle network in Central Dover, especially the enhanced
through-access plan for Route 8 and Loockerman Street.
2.Development of bike lanes on Route 8 or alternate, and creation of a 6118 to 6120
north-south bike route through Dover
Improve Pedestrian Connectivity I .Repair broken and eroding sidewalks in Central Dover and widen 9/I8 to 6120
and Infrastructure them where possible
E11/ta11ce Open Spaces and
Expa11d Green Infrastructure
Develop Programmed Recreation 1. Upgrade and make existing parks in plan area more accessible and 61I8 to 6120
Spaces user friendly (2 parks)
Strategically Develop Pocket 1. Create pocket parks where vacant land exists that could be used for 6/I7 to 6120
Parks on Vacant Lots recreation, relaxing or community gardens (3 parks developed)
Enable Play Street Designation I.Establish play streets and publicize annual schedule for resident use 12115 to 6120
(2 -4 streets)
Integrate Green Stormwater 1. Contact City to learn about plans for stormwater improvements along 61I9 to 6120
Management on Water Street Water Street and advocate for integration ofgreen stormwater
management construction techniques -follow up as needed
• I
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Page 116
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[ Our Mission ) [ Our Programs ) Our Locations
To provide skills, • Educational Development
services and • After School Tutoring
opportunities to • Saturday Academy
empower individuals • Counseling
faced with barriers • Family
Manchester Square
and obstacles that • Substance Abuse/Addiction
will assist them in • Domestic Violence
restoring community • Mental Health
and family • Anger Management
self-sufficiency while
• DUI
establishing a
• Workforce Development
roadmap for
• Culinary Arts & Dietary Aide
success. Senate View
• Retai l Sales
• Computer Repair
• Construction
• Carpentry Masonry, HAVAC,
Plumbing, Flagging
• Adu lt Education
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by converting experiences to
graduation credits-designed
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16andup Dover Community Outreach Center
Page 118
UTILITY COMMITTEE
The Utility Committee Meeting was held on September 14, 2015 at 5:00 p.m. with
Chairman Hutchison presiding. Members present were Mr. Cole, Mr. Neil, Mr. Blakeman,
and Ms. Stewart. Members of Council present were Mr. Anderson, Mr. Hare, and Mr. Slavin.
Mayor Christiansen was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Cole and unanimously carried.
Annexation Request - Easterly side of Nixon Lane and 121 Acorn Lane, owned by
Paul C. Phillips and Theresa HoShue
Mr. Scott Koenig, City Manager, reviewed a Petition to Annex and Zone Property located on the
easterly side of Nixon Lane (Lot 1), consisting of 0.5171+/- acres, and 121 Acorn Lane (Lot 2),
consisting of 0.4609+/- acres, owned by Paul C. Phillips and Theresa HoShue. He explained that the
property on Nixon Lane is currently a vacant lot, and the property owners would like to have a
single-family house on the property. Mr. Koenig informed members that this is a Category 1 area
which is a high-priority annexation area. He stated that there are public utilities, both water and
sewer, available in Nixon Lane. Mr. Koenig explained that the property on Nixon Lane is not
contiguous to property within the City of Dover limits, which is a City requirement for the
annexation of property. As a result, the owners have also requested the annexation of 121 Acorn
Lane, which is currently a residential lot with City of Dover electric, water, and sewer. Mr. Koenig
stated his understanding that the owner currently pays out-of-City rates and, if the property is
annexed, they will pay in-City rates.
Staff recommended that the City proceed with annexation of the subject properties.
Referring to the site map for Application No. AX-15-01, dated August 14, 2015, Mr. Blakeman
questioned whether the property located at 121 Acorn Lane was contiguous to the City, noting that
it appeared that both properties were surrounded by properties within Kent County. Responding,
Mr. Koenig explained that 121 Acorn Lane was contiguous to the right-of-way of Acorn Lane. In
regard to the Nixon Lane property, he stated that both sides of the road are out of City limits;
therefore, it was not eligible for annexation without the annexation of 121 Acorn Lane. Mr. Koenig
noted that the bold, black line indicated the City of Dover boundary and that the line on Acorn Lane
should have been depicted in the center of the road but the mapping was slightly off.
Mr. Neil moved to recommend approval of staff’s recommendation to proceed with annexation of
the subject properties, seconded by Mr. Blakeman.
In response to Mr. Anderson, Mr. Koenig explained that the annexation of these properties would
create an additional sawtooth effect on Acorn Lane; however, annexation would expand the City
limits.
Responding to Mr. Anderson, Mr. Koenig stated that both of the property owners were in favor of
this annexation.
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UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 2
The motion to recommend approval of staff’s recommendation to proceed with annexation of
the subject properties was unanimously carried.
Evaluation of Proposals - North American Electric Reliability Corporation (NERC)/
Reliability First Corporation (RFC) Support and Internal Audit Review (RFP 15-0032EL)
Mr. Scott Koenig, City Manager, advised members that the Electric Utility was scheduled for a
North American Electric Reliability Corporation (NERC) internal audit by its contractor, Reliability
First Corporation (RFC), in April 2016. Given the high turnover rate in the Electric Department
supervision over the last three (3) years, staff recommended that the Utility Committee and City
Council approve the request for audit/consultation services for the regulated aspects of the electric
operations. While the City provides monthly, quarterly, and yearly audit material/evidence to RFC
to prove its compliance, the annual items that RFC requests material for are only a snapshot of the
total standard list applicable to the City of Dover’s current registration as a Distribution Provider
(DP) and Load Serving Entity (LSE). Mr. Koenig stated that this is a very difficult technical audit,
and in order to ensure 100% compliance with all regulatory standards, this audit consultation would
provide standardized, clear, and concise documentation to prove the City does what is does, offer
a path forward to implement a viable self-improvement and assessment program, and also avoid any
possible findings that may result in fines for non-compliance.
Mr. Koenig explained that the Electric Department issued a Request for Proposal (RFP) 15-0032EL,
NERC/RFC Support and Internal Audit Review to solicit external auditing agencies for their services
in preparation of the NERC/RFC compliance audit slated for calendar year 2016. Proposals were
received from 11 prospective vendors, with quotes ranging from $28,100 on the low end to a high
dollar quote of $614,000. Mr. Koenig stated that the senior management of the Electric Department
reviewed all the proposals and ranked them in preference order based on completeness of proposal,
company experience, estimated hours, cost per hour, travel cost additions, and total costs. The list
of 11 vendors was narrowed down to three (3) finalists. Teleconferences and in-person meetings
were conducted to ask a base set of questions to help decide the most qualified vendor for the City
of Dover. After careful deliberation, staff recommended the approval of the proposal from NAES
Corporation for an amount not to exceed $116,285. This company offered the best mix of
experience in both the operational and compliance arenas of the electric utility with 160+ audits.
Their proposal also met all of the criteria in the RFP and they have full-time personnel located in
New Castle, Delaware.
Staff recommended awarding the contract to the NAES Corporation in an amount not to exceed
$116,285.
In response to Mr. Hutchison, Mr. Koenig stated that the last audit was performed in approximately
2010.
Mr. Hutchison asked how long the audit would take to complete. Responding, Mr. Harry Maloney,
Electric Director, explained that the consultant would be helping staff over the next three (3) to four
(4) months. He stated that on January 18, 2016, he will receive a letter indicating that the City has
30 days to fill out what NERC/RFC wishes to audit during the operation and maintenance audit.
RFC will request documentation for certain items, so staff and the consultant have a lot of work to
do in the next three (3) months.
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UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 3
Mr. Maloney stated that the consultant will also help the City be in compliance with cyber
infrastructure protection (CIP). He noted that this is different from the CIPs in the City’s budget
process. The cyber infrastructure protection is related to cyber security, computers, networks, and
relaying. Mr. Maloney informed members that the CIP standards were approved over one (1) year
ago, and the City will have to be in compliance with CIP one (1) year from now. He noted that the
consultant would provide the standards and some staff training. Mr. Maloney stated that the big
utilities, such as Delmarva and Philadelphia Electric, had to be compliant this year; however, smaller
utilities, like the City of Dover, do not have to be compliant until next year.
In response to Mr. Hutchison, Mr. Maloney stated that he was comfortable saying that staff could
have everything done and be ready to go by January with the consultant’s help. He explained that
there is a lot of writing and documentation involved in the process, which involves pulling
documentation out of the City’s procedures to show what the City has been doing and putting
everything in the correct format for the liability standards.
Mr. Hutchison asked how often the City should be completing an audit. Responding, Mr. Maloney
stated that the City is forced to audit every six (6) years. He noted that the auditors now look at how
the City’s compliance culture is done. Once the City has a compliance culture set up and gets things
rolling, maybe in about three-and-one-half years, the City would ask someone to come in to do an
internal spot audit to see where the City stands. In another six (6) years, by 2022, the City will be
better prepared. Mr. Maloney noted that there is a learning process as staff goes through an audit.
Mr. Neil asked whether the City would have a chance to make corrections to satisfy the audit, if staff
finds that there is something that is not being done that should be. In response, Mr. Maloney stated
that the City would have a chance to make corrections if the City self-reports. Mr. Maloney
explained that, as the City’s compliance officer, if he finds that the City has missed something that
is really bad, he has to self-report and then the City will have to implement the Find, Fix, and Track
(FFT) procedure. He stated that, through the FFT, the City would set up a procedure for how long
to be in compliance and then submit that on a regular basis until the City comes into compliance.
Mr. Maloney noted that it is better for the City to catch itself than for the auditor to catch the City
because the auditor figures that the City would just sit back and wait, and hope to get away with it;
whereas, if there is a compliance culture, staff finds something and reports it.
Responding to Mr. Neil, Mr. Maloney stated that if staff or the consultant find something that is
really bad within this three-month period leading into January, he will self-report it. He noted that
he had to self-report when he was previously employed in Vineland, New Jersey, which went a lot
easier than getting caught and going through the documents. Mr. Maloney stated that NERC/RFC
do not come down as hard on you when you self-report.
Mr. Neil asked what would happen if the staff misses something and NERC/RFC finds it. In
response, Mr. Maloney explained that it would depend on the scenario and how bad it is, for
instance, has it really affected transmission; is it moderate in severity; what could it do to the grid;
or can it knock out the peninsula - which is the worst scenario. He advised members that if the City
did not do something that could knock out the whole peninsula, it would be a pretty bad situation;
however, the City only has the Cartanza interface and a couple of relays, so it is not that bad.
Mr. Maloney stated that those things are kept up on and the rest are minor scenarios. He explained
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UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 4
that if NERC/RFC finds something, they will implement the FFT and, hopefully, the severity would
be really minimum and they would not fine the City, noting that they would rather help the City get
in compliance than to give fines.
Mr. Anderson questioned why Burkard & Associates ranked so low. Responding, Mr. Maloney
stated that Burkard & Associates were mainly a New England company and, when staff looked at
their background and expertise, it was determined that they are a small company and did not seem
to be a good fit for Dover and being in the PJM RFC footprint. Mr. Maloney noted that NAES listed
double the hours of Burkard & Associates, and reminded members that the City only has three (3)
months to get help to get in compliance.
In response to Mr. Neil, Mr. Koenig advised that there was $175,000 included in the budget for these
types of services and this request was for $116,285.
Mr. Blakeman moved to recommend awarding the contract to the NAES Corporation in an
amount not to exceed $116,285, as recommended by staff, seconded by Mr. Cole, and
unanimously carried.
Overview of Hedge Program
Mr. Scott Koenig, City Manager, provided an overview of the City’s Hedge Program, noting that the
Hedge Program is discussed by the Risk Management Committee, which is comprised of him;
Mrs. Donna Mitchell, Controller/Treasurer; Mr. Harry Maloney, Electric Director; and the City’s
advisers from The Energy Authority (TEA). Mr. Koenig explained that the purpose of the Hedge
Program is to help the City accurately predict what power supply costs will be in the future. The
Hedge Program is a paper transaction that happens when the City buys forward power purchases in
small quantities, such as five (5) megawatts, eight (8) megawatts, 15 megawatts, etc. He stated that
the program was currently scheduled for five (5) years into the future, with laddered down hedges.
Mr. Koenig advised members that for the current year the hedge target is 80% of the City’s total
power supply cost, and the target decreases by 20% for each out year and then rolls forward as the
City moves in to the next year. He stated that staff is always looking into the future and the Risk
Management Committee considers the recommendations of TEA analysts and experts, and asks them
to explain the basis for each recommendation prior to the Committee voting to secure the hedges.
Mr. Koenig stated that, in recent months, TEA has been able to buy power for slightly less than the
price that was quoted in their recommendation to the Risk Management Committee, explaining that
the Committee may have voted to buy power at $32 and then it only cost $31 or $31.50 in the
market. He noted that there is never a guarantee in this market. Mr. Koenig reiterated that the
purpose of the Hedge Program is to manage the City’s risk and, when setting the customer rates, to
know exactly what power will cost next fiscal year. He stated that, over the next few months, staff
will be developing a good idea of what most of the City’s power will cost next year.
Mr. Koenig noted that, as indicated in the TEA Reports, it was interesting that this year, even in the
summer months when they predicted that it would be really expensive to buy energy, it was relatively
cheap due to very low gas prices. He indicated that during the last Risk Management Committee
meeting, members discussed whether or not to alter the City’s forward purchases to take advantage
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UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 5
of the current, historically low, gas prices and asked TEA for additional information regarding these
purchases. Mr. Koenig stated that it is not an exact science and difficult to know whether the City
has made a good purchase until the actual power year.
Mr. Koenig stated that the market depends on what is happening in the world and the idea of buying
the hedges is so that the City is not at 100% risk in the market. He informed members that during
some of the polar vortex days, prices were as high as $1,700 or $1,800 per megawatt; however, most
recently, the City had bought hedges four (4) or five (5) years out for approximately $32 per
megawatt. Mr. Koenig stated that the numbers are all over the board some days but, over the last
four (4) years, he had really seen a decline in the costs of the City’s composite hedge, the sum of all
of the purchases for the current power year, which is why the City has been able to adjust the power
rates down over the last few years.
Mr. Koenig stated that the Hedge Program is considered a confidential program because, in the
power supply business, nobody wants anyone to know what they are actually paying for power. He
noted that was why the power purchase agreements are considered confidential; however, being a
public entity creates a bit of a conflict for the City in this regard.
Mr. Koenig informed members that the Risk Management Committee receives monthly calculations
regarding the value of the City’s hedges and how much risk has been reduced as a result of the
hedges. He stated that the Hedge Program allows him to bring forward a budget with confidence that
the range for what the City will pay for power supply is accurate because the City bought a lot of it
already. If the market drops and power becomes extremely cheap, then there could be times when
the City’s hedges are more expensive than buying from the market and that would not be good;
however, there is no way to predict three (3) or four (4) years out whether the prices will drop.
Referring to the Risk Management Summary in the July TEA/NAES Report (Page 17 of the Utility
Committee Packet), Mr. Blakeman stated that the Hedge Ratio for Power Year (PY) 2019-20 was
now at 5% and the Monthly Change ($/MWh) reflected at negative $0.20. He noted that it was at
0% in the June TEA/NAES Report and questioned if something had precipitated this change.
Responding, Mr. Koenig advised that last month was the first month that the City could buy power
for 2019-20 and the City bought 5% of the total for 2019-20. He did not know why it reflected a
negative $0.20 change, but stated that he would ask.
Mr. Neil asked if the City’s deal with Calpine is basically to make sure that the City has access to
power if it is needed, as opposed to what the cost of the power is. In response, Mr. Koenig explained
that the City has a capacity purchase agreement with Calpine which is different from this discussion
related to energy purchasing. He stated that the Calpine deal is to replace the 34-megawatts that are
retiring with Units 1 and 2 for capacity, plus additional capacity because staff expects some load
growth and believes that the City needs the 50-megawatt deal.
Referring to the table of the most recent settlement prices for Pennsylvania Solar Renewable
Energy Credits (SRECS) in the July TEA/NAES Report (Page 17 of the Utility Committee Packet),
Mr. Blakeman noted that the 2014/2015 SREC Balance was 2,687 and this balance decreased to 292
for 2015/2016, which is the lowest number the City has seen. He asked if that was going to be a
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UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 6
crucial date for having to give up SRECS. Responding, Mr. Koenig stated his belief that this has
to do with the City’s renewables and that would be the year that the City has to bring on additional
renewables, which is why there is a decrease in the SRECS.
In response to Mr. Blakeman, Mr. Koenig stated that the City would have to replace the SRECS with
something else and noted that the City would be building facilities, having facilities built, or
partnering with facilities.
Mr. Hutchison stated his understanding that the City got slammed one (1) particular month last year
and asked Mr. Koenig to explained what happened. Responding, Mr. Koenig informed members
that there were two (2) instances in the last two (2) fiscal years. He stated that the polar vortex
occurred in fiscal year 2013/2014, and the City experienced a similar problem in the month of
February last year, where there were very high energy prices, very high demands, and the City had
to buy extra on the market. Mr. Koenig recalled that the first year, the bill was approximately $5M
extra for the month of February and, this past year, it was approximately $2M extra. He reiterated
that this was the result of extremely cold weather and extremely high demands, and the City did not
overbuy because the weather cannot be predicted that easily. Mr. Koenig explained that if staff had
tried to figure the weather into the hedge purchasing, overbought the energy and did not sell it, the
City would have had to absorb the expense.
Mr. Koenig noted that Delaware Electric Cooperative is very good at their Beat the Peak programs
for the summer and winter. He stated that as the City discusses how to manage its load in the future,
for both the summer and the winter peaks, there is a need to get a better handle on how to get
customers, if appropriate, to be able to adjust their use. Mr. Koenig explained that in the winter time
it is a little more difficult because people do not want their pipes to freeze but they could lower their
thermostats slightly to save on energy demand. He advised that it is a very difficult program and
there is a lot of work involved in getting a good energy management program in place because it
requires the customer to change their behavior rather instantaneously.
Mr. Koenig informed members that the City’s bill comes in quickly from the PJM so the City has
to pay cash out and the money coming in from the customers is a little behind when the PJM bill is
paid. He explained that, in both instances when the City had really high demands, the City had to
transfer money from the Rate Stabilization Fund, at least on a temporary basis, to make the cash flow
work. Mr. Koenig advised that one (1) of the purposes of the Rate Stabilization Fund is to have the
cash available to make payments on time, in case the City experiences these very high spikes in the
market and in demand.
Mr. Blakeman moved to recommend acceptance of the overview of the hedge program,
seconded by Mr. Cole, and unanimously carried.
TEA/NAES Report (July)
The TEA/NAES Monthly Report for July 2015 was provided to members to enable them to monitor
electric sales and revenues received, which will provide a better understanding of any fluctuations
that occur and allow the opportunity to make improvements if deemed necessary.
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UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 7
Mr. Scott Koenig, City Manager, reminded members that this was the first period of the fiscal year.
He stated that the City’s power supply costs were below budget for the month of July and the City
was actually able to generate more revenue than anticipated. Mr. Koenig explained that the City
generated $533,638 in net generation revenue versus a $492,400 estimate. Referring to the Budget
Report (Page 18 of the Utility Packet), he informed members that the power supply cost was
approximately $1.1M under budget and the total utility cost was approximately $1.5M under budget.
He stated that the City’s total cost of service was budgeted at $71.27 and it actually came in at
$52.74. Looking at just this portion of the budget, from a power supply standpoint, July was a good
month for the City. Mr. Koenig noted that the goal is to be slightly in the black at the end of the year
as a result of forecasting correctly over the 12-month period.
Mr. Koenig stated that all of the other items seemed to be in line with the current budget, reiterating
that this was period one (1) of 12.
Referring to Appendix 1 - PJM Invoice (Pages 34-37 of the Utility Committee Packet),
Mr. Blakeman stated that TEA’s summary of the PJM settlement was extremely good. He noted
that, on the last page, the total receivable was listed as $84,000; however, that was really the
receivable for one (1) month. Mr. Blakeman stated that it would be helpful and more clear if the
total receivable for the month was included, explaining that, for July, it was actually $282,000 as
opposed to the $84,000 listed in the report. He acknowledged that the total receivable for the month
was only $282,000 because of the credits the City gets. Mr. Blakeman explained that the charges
were $1.4M but the credit was $1.1M, so the City ended up writing a check for $282,000 instead of
millions of dollars. He stated that it really stands out when written that way and it would be very
helpful if TEA would add the total receivable for the month.
Responding to Mr. Blakeman, Mr. Koenig noted that, when it is all said and done, it is a good deal.
Mr. Blakeman noted that the City could not do much better than that.
Mr. Anderson asked if there was an expiration date on the SRECS or if they are good as long as the
City holds them. In response, Mr. Koenig stated his understanding that the SRECS do expire.
Mr. Maloney noted that members did not need to worry about the SRECS expiring because they will
be running out shortly. He explained that the City does use the oldest ones first and he believed that
the City had built up some SRECS at first because there was not a requirement. Mr. Maloney
informed members that the requirements have been kicking in and each year they notch up. He
reminded members that the City only bought 15% of the SRECS from the Solar Park, so the City
will either have to build or purchase. Mr. Maloney noted that the Delaware Municipal Electric
Corporation (DMEC) was working with the City and DMEC helped the City with this year’s bill,
which includes wind, solar, etc.
Responding to Mr. Blakeman, Mr. Maloney confirmed that the City was still getting credits for the
solar panels on the administrative building at the plant.
Mr. Neil moved to recommend acceptance of the TEA/NAES Monthly Report for July 2015,
seconded by Mr. Blakeman and unanimously carried.
Page 125
UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 8
Updates
Green Energy Funding and Programming and Dover Sun Park
Members reviewed details regarding Green Energy Funding and Programming, and the White Oak
Solar Park Incremental Cost.
Mr. Scott Koenig, City Manager, noted that the report only included information for the first month
of the budget year. Mr. Koenig stated that the City would be under increased pressure regarding
renewables, and informed members that Mr. Harry Maloney, Electric Director, is working on an
integrated resource plan that will likely identify additional solar projects that the City may undertake.
Mr. Koenig stated that the City will be looking for partners. He noted that he was not sure if the City
is really in a wind zone that can help from the wind stand point; however, one (1) of the things that
is being discussed and seems promising is potentially battery storage. Mr. Koenig advised that there
are a number of renewable technologies that staff will be looking at over the next few years to see
how the City can comply with the laws and keep the costs manageable.
Noting that Mr. Koenig was reaching out to the major utility users, Mr. Hutchison asked if staff was
specifically talking to them regarding this issue. Responding, Mr. Koenig informed members that
staff had a group meeting with the City’s largest electric customers, all of whom have very different
needs and focuses. He stated that the one (1) customer that is probably in the best position to do
significant energy efficiency and possibly green power projects is the Air Force Base. Mr. Koenig
expressed his hope that the City will be able to develop a unique partnership with the Air Force Base
over the next couple of years to help them meet their goals, as well as the City’s goals as far as
renewables, noting that the Air Force Base is under pressure from the federal government to get
green energy and efficiency projects underway.
Mr. Koenig stated that for a couple of the other customers it is purely numbers-driven, whether they
think that they can upgrade their facility economically and get a return on their investment. It was
his understanding that Bay Health was one (1) that is potentially interested in some energy efficiency
projects, since they said that they are committed to the community, they want the City to keep costs
as low as possible, but are interested in things in addition to the electric rates to make the community
better.
Mr. Koenig noted that a couple of the other larger users are interested in time of day use and had
indicated that they are willing to modify the behavior of their businesses to help reduce higher costs.
He reiterated that each of the City’s five (5) largest users are unique; however, each of them is
interested in how to control their power costs. Mr. Koenig informed members that there were a lot
of good things that came out of that discussion and the City has a lot of work to do to see if the City
can tailor rates to address some of the concerns of the largest users.
In response to Mr. Hutchison, Mr. Koenig stated that the Chamber of Commerce did participate in
the meeting with the City’s largest utility customers.
Mr. Blakeman stated that some of the farmers might be possible candidates for this kind of stuff,
noting that they have large fields and are interested in cutting their energy costs, and the City could
get the Solar Renewable Energy Credits (SRECS).
Page 126
UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 9
Garrison Oak Technical Park Project Updates
Mr. Scott Koenig, City Manager, provided the following updates:
City Infrastructure
Mr. Koenig informed members that the infrastructure construction was starting to wind down at the
Garrison Oak Technology Park, noting that they were in the last 5% to 10% of construction. He
stated that the base coat of the road was completely done all the way around; however, there was
one (1) portion of the horseshoe that was not yet open to traffic because they are still trying to clean
up some things and get the area between the curb and sidewalks graded.
Calpine Energy Center
Mr. Koenig stated that the Calpine Garrison Energy Center had been in commercial operation since
early June. Calpine is finishing up all of their site work and the opening ceremony for the facility
is scheduled for October 1, 2015.
Mr. Koenig stated that the Uzin Utz facility has scheduled their ceremonial opening for
September 25, 2014.
Mr. Koenig informed members that the City’s contractor was beginning to clean up the construction
equipment, and noted that the large soil piles had been removed. He stated that the water tower top
was up and it is progressing through construction. Mr. Koenig explained that the primary coat of
paint had been put on the tower, noting that it was blue, which would not be the final color.
Mr. Koenig stated that they are in the process of making the final link of the sanitary sewer to the
small pump station further east on White Oak Road, which will be abandoned as part of this project.
Mr. Koenig explained that the City had begun asbestos abatement at the old farmhouse and the
demolition bids for that structure, as well as some of the ancillary structures around the old
farmhouse, were scheduled for later this month. He expects that the City will be completing the land
transaction for Lot 13 in late October.
Mr. Koenig noted his expectation that all or most of these contracts will be closed out by the end of
the year and final payments will be released to the contractors.
Mr. Blakeman asked if the old farmhouse would be a candidate for a fire burn for the Fire
Department. Responding, Mr. Koenig reminded members that the old farmhouse had asbestos in
it; therefore, staff did not propose burning it. He also noted that staff did not want to jeopardize the
brand new industrial facility at the site.
Mr. Blakeman asked if the City had made progress on Route 1 access to the site. In response,
Mr. Koenig stated that the Garrison Oak Connector Road was included on the transportation
prioritization list which was scheduled for consideration by City Council at their meeting being held
later in the evening. He noted that a lot of the right-of-way was in place; however, the funding for
the road was not and there was currently not a user generating enough traffic that needs access to
Route 1 to warrant the road. Mr. Koenig explained that all of the current users seemed to be content
Page 127
UTILITY COMMITTEE MEETING OF SEPTEMBER 14, 2015 PAGE 10
with the existing road structure. He stated that if the City were able to land a large employer that
would generate the necessary traffic to push the Delaware Department of Transportation (DelDOT),
staff would hope that the project would move up the priority list, noting that it was on the radar for
DelDOT.
Mr. Hutchison asked what the total cost of this project was. Responding, Mr. Koenig stated that he
did not have that information with him; however, he believed that the all-in numbers were
approximately $14.2M, which includes the roads and storm sewers, the water mains, the sanitary
sewer mains, the new pump station at Garrison Oak, the upgrading of White Oak 5 Pump Station
adjacent to White Oak Farms, the new 1.5M gallon water tower, all of the street lighting, the
distribution power lines along the road, approximately $500,000 cost to move the 69kV line routed
around the entrance to the east. He expressed his hope that the cost would decrease slightly, noting
that the contracts seemed to be coming in slightly under budget.
Mr. Hutchison stated his believe that $14.2M was well above the number that was projected. In
response, Mr. Koenig informed members that the original request from Calpine was $6M and the
total $14.2M had been accounted for in all budgets since the initial request. He explained that the
initial request for Calpine was about $6M which, early on, would have built approximately half of
the road and the other infrastructure associated with it; however, the City sold the lot to Uzin Utz
which required the City to build the rest of the infrastructure. Mr. Koenig stated that the City also
built the water tower anticipating the entire build-out of the park, noting that it was constructed to
be able to handle demand associated with blocks 1 and block 2 of the Garrison Energy Center as well
as the full build-out of the park. He advised that, as of today, the City over built the infrastructure
with the anticipation that the additional development would levelize the City’s investment.
Mr. Blakeman moved to recommend acceptance of the report, seconded by Mr. Cole and
unanimously carried.
Mr. Neil moved for adjournment, seconded by Mr. Hutchison and unanimously carried.
Meeting adjourned at 5:47 p.m.
James L. Hutchison, Sr.
Chairman
JLH/TM/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2015\09-14-2015 UTILITY.wpd
Page 128
ACTION FORM
PROCEEDING: Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Public Works – Wastewater DATE SUBMITTED: 09-18-15
PREPARED BY: Sharon Duca, P.E., Public Works Director/City Engineer
SUBJECT: US 13 East Pump Station #7 Critical Repairs
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller
EXHIBITS: Aerial Photo, Sole Vendor Information and Quote
EXPENDITURE REQUIRED: $96,880.00 AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works - Wastewater Management,
CIP Project Name: Inflow / Infiltration Removal Account No.: 417-6900-569.40-31. A project number will be
created and funds will be transferred to cover costs of this repair.
TIME TABLE: Public Works Director will provide a purchase order for repairs within ten (10) days of Council
approval.
RECOMMENDED ACTION: Staff recommends authorizing the necessary repairs to be installed by Freemire &
Associates, Inc.
BACKGROUND AND ANALYSIS
On July 7, 2015, the programmable logic controller (PLC) failed at US 13 East Pump Station #7. This failure
made all three (3) wastewater pumps inoperable. Temporary bypass pumping was installed to maintain
continuity of service for the sanitary sewer pump station. Bypass of the PLC has occurred, as necessary, to
maintain operations at the station. Only two (2) of the three (3) pumps are available until permanent repairs
are complete.
Staff had two (2) options for repairing this failure: Option 1 was to repair the existing PLC. The issue with this
option is that the existing PLC is original to the station and is considered out of date by industry standards,
additionally; the software at this station is the only one in the pump station inventory for the City of Dover.
Option 2 is to replace the existing PLC with an up to date software package, which will mimic other packages
in the pump station inventory. This option will increase operational consistency with our internal staff. For
the above mentioned reasons, staff is recommending Option 2 for the permanent repair of this failure.
Per the City of Dover Purchasing Policy & Procedure, regardless of price, all sole source procurement requires
Council Approval. The above referenced repairs will be paid out of the Capital Improvement Plan budget.
It is recommended that the City authorize the repair of the PLC at US 13 East Pump Station #7 through
Freemire & Associates, Inc. They are the sole source dealer for the Bihlertech control system required for the
repair of this station. The estimated expenditure for this repair is $96,880.00.
Page 130
FREEMIRE & ASSOCIATES, INC. / QUOTATION
1215 Old Dorsey Road, Harmans, Maryland 21077
PH: (410) 768-8500 FAX: (410) 768-3400
TO: City of Dover DATE: September 3, 2015
ATTN.: Ralph
QUOTE NO.: Q-2015-1139-JJW
REF: P.S. #7 Control Panel FOB P.P& ADD
TERMS: Net 30 Days with Approved Credit QUOTE VALID FOR: 30 Days
DELIVERY: 6 - 8 Weeks BY: Jim Williams
Here is our quotation on the goods named, subject to the conditions noted:
CONDITIONS: The prices and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by the Seller. All quotations and agreements are contingent upon
strikes, accidents, fires, availability of materials and all other causes beyond our control. Prices are based on costs and conditions existing on date of quotation and are subject to change by the Seller before
final acceptance. Typographical errors subject to correction. Purchaser assumes liability for patent and copyright infringements when goods are made to Purchaser's specifications. Conditions not specifically
stated shall be governed by established trade customs. Terms inconsistent with those stated herein which may appear on Purchaser's formal order will not be binding to the Seller
TITLE OF GOODS: It is agreed by the parties that title, both legal and equitable, to the goods covered by this contract is to remain vested in the sellers until the full purchase price, together with all interest
charges, has been paid. In case of the customer's default in payment in whole or in part or failure by the customer in any way to comply with the terms of this contract, the seller or its legal representative
may and is hereby authorized and empowered to enter upon the customer's promises and repossess, dismantle, and remove said goods including any goods which may have become a fixture. The Seller shall
have the option of availing itself of the benefits of the local law in addition to the rights and remedies given in this paragraph it being expressly agreed that such rights and remedies shall be cumulative-
TERMS: Purchase Order or Signed Purchase Agreement PAYMENT: NET 30 days from invoice date unless noted otherwise, all applicable federal and state taxes not included. Past due accounts am subject
to 2% per month service charge,, annual percentage rate of 24%. All attorney fees and expert costs incurred in collection of past due accounts will be added to amount due. F.0.B: Shipping Point Quoted
prices are protected for 30 days unless otherwise noted. RETAINAGE: No money can be withheld for retainage unless agreed upon in advance, in writing.
QTY DESCRIPTION NET EACH
BihlerTech, Inc. Controller for use with existing Smith & Loveless 40 HP
Triplex Series Pumping Station
1 Enclosure will include all breakers and controls as currently in place for $58,030.00
building equipment, air conditioning of enclosure, outside air purge
panel, programing, start up, training and one (1) year warranty.
Primary bypass will utilize the existing S&L pumps. Controls will be float
controls during the panel install.
A portable emergency bypass pump will be required as a backup.
Emergency Bypass Pump shall be provided by others.
1 Installation for above equipment by a licensed electrician, under the $38,850.00
supervision of Freemire & Associates.
TOTAL $96,880.00
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ATTACHMENT A
US 13 East
Pump Station #7 Critical Repairs
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Date Printed: September 18, 2015
File: m:\gis_data\projects\tech_mxds
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Department: Public Works GIS Dover Parcels
City of Dover, Delaware
Page 132
ACTION FORM
PROCEEDING: Utility Committee & City Council
DEPARTMENT OF ORIGIN: Electric Department - Power Plant (NAES) DATE SUBMITTED: 08/28/15
PREPARED BY: Don Mordus, Plant Manager
SUBJECT: Critical Repairs – Van Sant Exhaust Plenum
REFERENCE: Braden Manufacturing, LLC Proposal Rev 1 46569
RELATED PROJECT: Project # EG1612
REVIEWED BY: Electric Director, City Manager, Controller/Treasurer
EXHIBITS: Exhibit A – Infrared Thermography Inspection Report – Van Sant Generating Station
EXPENDITURE REQUIRED: $430,000 (Estimated) AMOUNT BUDGETED: $469,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities - Electric Generation, Unit #3 Cooling Water
Line Inspection - Repairs, CIP EG1612
TIMETABLE: Engineering and material fabrication to start in the 4th quarter of 2015 with equipment delivery and
installation to be performed at the end of the 1st quarter or early in the 2nd quarter of 2016.
RECOMMENDED ACTION: Delay inspection and repairs on the Unit #3 cooling water line and fund the critical
repairs needed on Van Sant exhaust plenum, transition piece and expansion joint in accordance with the completion date
of June 1, 2016.
BACKGROUND AND ANALYSIS
The Van Sant Frame 6B Combustion Turbine (CT) exhaust plenum, transition piece, and expansion joint have degraded
over time and now require replacement. Since beginning commercial operation in 1991, there have been occasional
upkeep repairs made to the referenced components with the latest repairs in the fall of 2014 and the summer of 2015. The
depleted condition of the plenum wall(s) allows heat infusion into the CT compartment which has started to cause damage
to the ignitors, flame scanners, and other associated control wiring instruments. This could affect the unit reliability and
availability and we are requesting expedited processing of this request to allow NAES to complete the necessary
engineering, obtain contractor quotes and contractor selection to manufacture the new plenum and install the plenum,
transition piece and expansion joint before the PJM Capacity Performance operational period for the 2016/2017
operational periods.
A Request for Proposal package was advertised by NAES. NAES is currently reviewing the submissions for the
advertisement. This work is an Original Equipment Manufacturers specialty item with a limited number of organizations
familiar enough with the installation requirements to support our desired replacement schedule. The estimate we have
received for the above work is from the original manufacturer of the plenum for Van Sant, Braden Manufacturing, LLC.
This preliminary estimate from Braden does not include replacement of the transition piece or expansion joint. In addition
to Braden Manufacturing, LLC NAES will obtain at least three (3) proposals from other contractors familiar with this
work, Consolidated Fabricators and Universal Acoustics and Emissions Technology. NAES will continue to research
additional resources capable of performing this work to ensure we have the best capable contractor and cost estimate(s).
NAES would like approval and permission, based on this action form, to proceed with and select the highest evaluated
bidder to immediately award the project once the bids are received and reviewed. This request is only to promulgate the
expeditious manufacture of the material component parts necessary to perform these repairs, without further review by
City Council. The proposals will be evaluated using cost, experience, and completeness of bid to select the contractor
who will perform the work. All work must be completed prior to June 1, 2016.