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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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