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REGULAR COUNCIL MEETING
AGENDA
JANUARY 22, 2018 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS - 15 LOOCKERMAN PLAZA - DOVER, DELAWARE
OPEN FORUM - 30 MINUTES PRIOR TO OFFICIAL MEETING (7:00 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN COLE
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES
A. SPECIAL COUNCIL MEETING - VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE
OF JANUARY 2, 2018
B. REGULAR COUNCIL MEETING OF JANUARY 8, 2018
C. SPECIAL COUNCIL MEETING OF JANUARY 9, 2018
2. PRESENTATION - SNOW REMOVAL PLAN
3. PROCLAMATION - BLACK HISTORY MONTH
4. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 9, 2018
* A. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
(1) POTENTIAL LAND ACQUISITION - 104 WASHINGTON STREET AND 149 HAZEL
ROAD (233 WALKER ROAD WAS DETERMINED TO BE THE INCORRECT ADDRESS)
(COMMITTEE POSTPONED THIS ITEM UNTIL MR. SALKIN RECEIVES NOTIFICATION)
(2) APPENDIX B - ZONING, ARTICLE 10 - PLANNING COMMISSION, SECTION 1 -
APPROVAL OF CONDITIONAL USES, SUBSECTION 1.43 - REVOCATION OF
CONDITIONAL USE PERMIT
(COMMITTEE ACTION NOT REQUIRED)
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COUNCIL AGENDA - JANUARY 22, 2018 PAGE 2
4. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 9, 2018 (CONTINUED)
* A. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE (CONTINUED)
(3) CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 70-8 -
DISORDERLY PREMISES, (A) DISTURBING ACTIVITY
(COMMITTEE ACTION NOT REQUIRED)
* B. UTILITY COMMITTEE
(1) AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN: PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT-OF-WAY
(COMMITTEE RECOMMENDED APPROVAL OF THE PLAN)
C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
* (1) DISSOLUTION OF BONUS COMMITTEE, POLICY AND PROGRAMS
(COMMITTEE RECOMMENDED THE DISSOLUTION OF THE BONUS COMMITTEE AND
TERMINATION OF THE BONUS POLICY AND PROGRAMS, IN FAVOR OF THE STAR
EMPLOYEE AWARD, EMPLOYEE OF THE MONTH PROGRAM. THE BREATHE
PROGRAM AND STOP PROGRAM WILL BE CLOSED TO NEW PARTICIPANTS
EFFECTIVE IMMEDIATELY AND DISCONTINUED ON JULY 1, 2018.)
* (2) DISPOSITION OF EXCESS PROPERTY - 311 NORTH GOVERNORS AVENUE
(COMMITTEE RECOMMENDED ACCEPTANCE OF STAFF'S RECOMMENDATION TO:
1) DECLARE THAT THE PROPERTY LOCATED AT 311 NORTH GOVERNORS AVENUE
IS EXCESS PROPERTY; AND 2) AUTHORIZE THE CITY MANAGER TO SELL THE
EXCESS PROPERTY TO NCALL RESEARCH, INC. FOR $20,000 (BEFORE CLOSING
COST) IN CONJUNCTION WITH THE RESTORE CENTRAL DOVER HOME OWNERSHIP
PROGRAM)
(3) PROCEDURE/POLICY FOR COUNCIL COMMUNITY ENHANCEMENT FUND
EXPENDITURES
(COMMITTEE RECOMMENDED APPROVAL OF THE DRAFT POLICY FOR COUNCIL
COMMUNITY ENHANCEMENT FUND EXPENDITURES, AS AMENDED TO REFLECT
THE TENOR OF THE COMMITTEE'S CONVERSATION)
* 5. QUARTERLY REVENUE REPORT AS OF DECEMBER 31, 2017
(STAFF RECOMMENDS ACCEPTANCE OF THE REPORT)
* 6. CONFIRMATION OF POLICE PENSION ELECTION - RETIRED CAPTAIN LARRY GRAY - THREE-
YEAR TERM TO EXPIRE JANUARY 31, 2021
* 7. APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - UTILITY SUBCOMMITTEE
- MARGARET SCARBOROUGH (TO FILL THE EXPIRED TERM OF LESTER L. BLAKEMAN, SR.,
TERM TO EXPIRE MAY 14, 2018)
8. CITY MANAGER’S ANNOUNCEMENTS
9. COUNCIL MEMBERS’ ANNOUNCEMENTS
10. ADJOURNMENT
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COUNCIL AGENDA - JANUARY 22, 2018 PAGE 3
EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY
FUNDED CAPITAL IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR
OPINION FROM AN ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING
OR POTENTIAL LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE
EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE
DEFINITION OF "PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY
DISCLOSE THE CONTENTS OF SUCH DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND
ABILITIES OF INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT
SUCH A MEETING BE OPEN
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on January 2, 2018 at 6:00 p.m. with Mr. Hare presiding in the
absence of Council President Slavin. Council members present were Mr. Sudler, Mr. Neil,
Mr. Lewis, Mr. Cole, and Mr. Polce. Mr. Anderson and Mr. Lindell were absent.
Mayor Christiansen was also absent.
Council staff members present were Mrs. Mitchell, Mr. Hugg, Mrs. McDowell, and Mr. Pepper.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 113 DAVIS CIRCLE, OWNED BY RAYMOND N. BROWN
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 113 Davis Circle, owned by Raymond N. Brown.
Mr. David Hugg, Director of Planning and Community Development, advised that the property is
a one-story, wood-framed, single-family home. The house has been known to be vacant since
January 28, 2013 and is registered with the City as a Vacant Building. Utilities were terminated on
July 18, 2012. On June 8, 2017, City Staff from the Planning and Inspections Department responded
to the property after a report that the rear door was unsecured. Upon entering the property, City
Staff observed numerous code violations, including mold and mildew throughout the basement. The
dwelling was condemned as unfit for human occupancy due to no active utilities and for the mold
and mildew. Currently the home is vacant with numerous outstanding code violations.
Mr. Tim Taraila, Code Enforcement Supervisor, reviewed a presentation depicting the condition of
the property (Exhibit #1).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by February 2, 2018 by the owner or equity owner
at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not
completed by the owners within 10 days of the date established by City Council; and 4) ordering the
City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner.
Mr. Sudler stated that a lot of his constituents on Davis Circle had expressed their concerns in regard
to the welfare and the environmental hazard that the mold had brought in their community;
therefore, he would support staff’s recommendation to demolish.
Mr. Lewis asked if anyone had reached out to the owner and if there was a response. Responding,
Mr. Taraila advised that staff had sent several notices over the past couple of years, noting that they
began sending notices in 2013. He indicated that staff had received a complaint through Mr. Sudler
that the back door was open, and when they responded they found the condition of the interior.
In response to Mr. Lewis, Mr. Taraila advised that the property had an owner and was not a
foreclosure.
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SPECIAL COUNCIL MEETING OF JANUARY 2, 2018 PAGE 2
Responding to Mr. William Pepper, Deputy City Solicitor, Mr. Taraila advised that Mr. Taraila’s
December 20, 2017 letter addressed to Mr. Brown, Discover Bank, and City Mortgage, which
Mr. Pepper had been copied on, had gone out by certified mail. Mr. Taraila stated that the owner
of 113 Davis Circle lives at 874 Paul Street and had signed for all the registrations; however,
Mr. Taraila had not had any contact with him.
Responding to Mr. Pepper, Mr. Taraila stated that the property had been posted with Mr. Taraila’s
December 20, 2017 letter.
Mr. Hare declared the public hearing open.
There being no one present wishing to speak, Mr. Hare declared the public hearing closed.
Mr. Sudler moved to accept staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished by
February 2, 2018, by the owner or equity owner at their own risk; 3) order the Building
Inspector to cause the demolition of the structures if not completed by the owners within 10
days of the date established by City Council; and 4) order the City Manager, with the
assistance of the City Solicitor, to cause the cost of demolition to be charged against the land
on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner. The motion was seconded by Mr. Lewis and carried by a unanimous roll
call vote (Anderson, Lindell and Slavin absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 526 FULTON STREET, OWNED BY WAYNE J. COOPER
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 526 Fulton Street, owned by Wayne J. Cooper.
Mr. David Hugg, Director of Planning and Community Development, advised that the property is
a two-story, wood-framed, single-family home. The house has been vacant since April 20, 2015,
and is registered with the City as a Vacant Building. Utilities were terminated on January 26, 2015.
On November 17, 2017, City Staff from the Planning and Inspections Department condemned the
structure as unfit for human occupancy due to no active utilities and outstanding code violations.
Currently the home is vacant with outstanding code violations.
Mr. Hugg reviewed a presentation depicting the condition of the property (Exhibit #2). He noted
that on numerous occasions it had been reported to staff that vagrants were breaking into the
building to use it as a shelter.
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by February 2, 2018, by the owner or equity owner
at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not
completed by the owners within 10 days of the date established by City Council; and 4) ordering the
City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner.
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SPECIAL COUNCIL MEETING OF JANUARY 2, 2018 PAGE 3
Mr. Hugg stated that staff had notified the property owner by certified mail and had not heard from
the owner. He noted that the owner had not made any effort to get a permit or do anything with the
property. Mr. Hugg advised that Mr. William Pepper, Deputy City Solicitor, was notified by letter
in December.
Mr. Tim Taraila, Code Enforcement Supervisor, advised that notices had been sent to the owner of
record with Kent County, who never replied. He stated that the last two (2) notices had been sent
by certified mail and had come back unsigned.
Responding to Mr. Pepper, Mr. Hugg stated that the property had been posted.
Mr. Hare declared the public hearing open.
There being no one present wishing to speak, Mr. Hare declared the public hearing closed.
Mr. Neil moved to accept staff’s recommendation to: 1) declare this building and all accessory
structures on this property dangerous; 2) order the property demolished by February 2, 2018,
by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the
demolition of the structures if not completed by the owners within 10 days of the date
established by City Council; and 4) order the City Manager, with the assistance of the City
Solicitor, to cause the cost of demolition to be charged against the land on which the building
exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment,
or to be levied as a special tax, or to be recovered in a suit at law against the owner. The
motion was seconded by Mr. Lewis and carried by a unanimous roll call vote (Anderson,
Lindell, and Slavin absent).
Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 6:13 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of January 2, 2018, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 113 Davis Circle
Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 526 Fulton Street
Page 7
EXHIBIT #1
Special Council Meeting of 01/02/2018
Violation of Dangerous
Building Ordinance
113 Davis Circle
Planning & Inspections Department
Dover, Delaware
January 2, 2018
Page 8
113 Davis Circle
Case History
10 code enforcement cases since 2013
Exterior code violations – deteriorated gutters, fascia &
damaged driveway – Interior mold and mildew
Numerous tall grass violations
The utilities were terminated on July 18, 2012.
Registered as vacant by the city on February 28,
2013.
Condemned as unfit for human occupancy on June
8, 2017.
Outstanding Charges
$3,000.00 5th year vacant building fee
Page 9
113 Davis Circle
Current Condition
Deterioration of the roof
Mold and deterioration of interior due to
water intrusion
Deterioration of siding
Overall deterioration and lack of
maintenance
Page 16
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Page 27
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 28
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by February 2, 2018, by the owner
or equity owner at their own risk.
Order the Building Inspector to cause demolition of the structures
if not completed by the owner within 10 days of the date
established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 29
EXHIBIT #2
Special Council Meeting of 01/02/2018
Violation of Dangerous
Building Ordinance
526 Fulton Street
Planning & Inspections Department
Dover, Delaware
January 2, 2018
Page 30
526 Fulton Street
Case History
11 code enforcement cases since 2011
Exterior code violations – Junk, Debris and Trash
Damaged wall siding & roof.
Outstanding code violations from a rental inspection
The utilities were terminated on January 26, 2015.
Registered as vacant by the city on May 21, 2015.
The rental license for the property was suspended
on January 28, 2015 for failure to correct code
violations.
Condemned as unfit for human occupancy on
November 11, 2017.
Page 31
526 Fulton Street
Current Condition
Deterioration of the roof
Mold and deterioration of interior due to
water intrusion
Deterioration of siding
Overall deterioration and lack of
maintenance
Page 32
526 Fulton Street
Outstanding Fines/fees
Misc Electric $308.55
Grass Cutting $100.00
Grass Citation $50.00
Vacant Building Fee $1,500.00
Page 47
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 48
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by February 2, 2018 by the owner
or equity owner at their own risk.
Order the Building Inspector to cause demolition of the structures
if not completed by the owner within 10 days of the date
established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 49
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 8, 2018 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. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, City
Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at
7:43 p.m.). Fire Chief Carey was absent.
OPEN FORUM
The Open Forum was held at 7:00 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Bishop W. James Thomas, II, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried.
Mr. Lewis moved for approval of the Consent Agenda, seconded by Mr. Neil and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 11, 2017
The Minutes of the Special Council Meeting of December 11, 2017 were unanimously approved
by motion of Mr. Lewis, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 11, 2017
The Minutes of the Regular Council Meeting of December 11, 2017 were unanimously
approved by motion of Mr. Lewis, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
CERTIFICATE OF APPRECIATION - FINANCE DEPARTMENT STAFF
The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
presented to
City of Dover Finance Department
On March 13, 2017, the City of Dover Controller/Treasurer assumed the position of Acting City
Manager, vacating a crucial leadership position in the Finance Department. Since that time, the
Department's staff has continued to maintain daily operations competently and with very little
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CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 2
disruption, serving the City and its customers with open communication, timely reporting of
financial results, and prudent cash management. Through their diligent work and commitment to
excellence, they have met all major goals during this period, in spite of the additional challenges
presented by the loss of another key employee and implementation of the Enterprise Resource
Planning (ERP) project. The Mayor and Council of the City of Dover are deeply appreciative of the
dedicated efforts and professionalism of the Finance Department staff and commend them for their
exceptional performance.
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificates to
Ms. Lori Peddicord, Acting Controller/Treasurer, and Mrs. Tracey Lisiecki, Financial Reporting and
Accounting Manager. Mayor Christiansen, Council President Slavin, and Mrs. Donna Mitchell, City
Manager, commended the Finance Department staff for their exceptional performance.
CERTIFICATE OF APPRECIATION - PLANNING, INSPECTIONS, AND COMMUNITY
DEVELOPMENT STAFF
The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
presented to
City of Dover Department of Planning, Inspections, and Community Development
The City of Dover is committed to "Community Excellence Through Quality Service," and it is only
through the efforts of skilled and dedicated employees that such service can be provided. The staff
of the Department of Planning, Inspections, and Community Development, in the face of a turnover
in leadership and a number of other challenges, has demonstrated their willingness and commitment
to improved service, creation of a user-friendly environment, attention to identifying and addressing
lingering regulatory issues and code provisions, and promotion of a positive image for the City.
Dover is seen, once again, as a "place where people want to live...with a future of balanced growth
and opportunity." The Mayor and Council of the City of Dover are deeply appreciative of the
commitment, dedication, and professionalism of the Department of Planning, Inspections, and
Community Development and commend them for their exceptional performance.
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificates to
Mrs. Maretta Purnell, Administrative Assistant. Mayor Christiansen, Council President Slavin,
Councilman Sudler, and Mr. Dave Hugg, Director of Planning and Community Development,
commended the Planning, Inspections, and Community Development staff for their exceptional
performance.
Mayor Christiansen thanked all of the departments that were involved in the recent snow event.
ECONOMIC DEVELOPMENT COMMITTEE REPORT -
OCTOBER 25, 2017
The Economic Development Committee met on October 25, 2017 with
Mayor Christiansen presiding.
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CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 3
AGENDA ADDITIONS/DELETIONS
Due to the lack of a quorum at the commencement of the meeting, the agenda
was not adopted.
Presentation - Economic Development and Downtown Revitalization
(Mayor Mike Purzycki, City of Wilmington)
Mayor Christiansen introduced Mayor Mike Purzycki, the 56th Mayor of the City
of Wilmington, stating that Mayor Purzycki is a great force in economic
development in the City of Wilmington and the State of Delaware and could bring
a message of hope and encouragement to the City of Dover’s economic development
efforts, based on the successes that he has had in his community and city. Mayor
Christiansen noted that partnership on economic development and other issues
equates to success.
Mayor Purzycki stated that it was nice to be back in Dover, noting that he had been
Senate Attorney in the early '80s and spent more time in Dover when
Mr. Joe Purzycki was a coach at Caesar Rodney High School and Delaware State.
Mayor Purzycki stated that he did not miss a game for all those years and saw every
Friday night Henlopen Conference football game throughout the late '70s and '80s.
Mayor Purzycki stated that being Mayor of the City of Wilmington had been an
extraordinary experience. He noted that he was 72 years old and did not expect to
find himself in the unique situation of taking on the job of mayor at his age but did
so because it felt right. Mayor Purzycki advised that he got to a point in his life
where he looked at his city and saw that it was not doing very well. He indicated
that he did not realize how difficult the job was with respect to the number of things
that come at him every single day from every corner and stated that he thought that
everybody ought to be mayor for one (1) hour. Mayor Purzycki advised that he was
surprised how rewarding the job could be, noting that people say it must be a
thankless job; however, it is anything but thankless and people are very generous and
appreciative.
Mayor Purzycki stated that his reputation was largely due to his work on the
Riverfront. He advised that he has had a successful and happy life, has a great
family, and is very blessed in those respects. Mayor Purzycki stated that he was
previously in the private sector and suddenly became the executive director of the
Riverfront, which was an extraordinary experience. He explained that all of the
buildings there were Department of Defense grade buildings that were left over after
World War II, and there was nothing attractive, such as in the antebellum South with
its big, old, brick buildings with beautiful architecture. Mayor Purzycki explained
that they took what they could and made something special out of it, noting that
when they started there was nothing there but Frawley Stadium and Kahunaville. He
stated that Kahunaville brought a lot of people to the area; however, everything was
kind of trashy, and they had to figure out what to do. Mayor Purzycki advised that
the success they had was because of a vision of what the development could be. He
indicated that the initial vision was an image of a huge harbor to be built on the
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CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 4
marshland east of Walnut Street; however, it made more sense to him to develop the
west side, where the development is today. Mayor Purzycki advised that if he
brought anything to his role it was a practical sense of what could be done, versus
the starry-eyed things that had been talked about. He noted that the grand images
were inspiring to some people and denigrating to others because they were so silly,
and he thought he brought everybody back to earth with an aspiration that was grand
but pretty realistic and wound up being much of what is seen today.
Mayor Purzycki advised that there has to be leadership. He noted that there does not
have to be a great leader; however, there must be someone that everyone has
confidence in because decisions must be made. He indicated that, more often than
not, it is not the idea that is bet on but the individual, and people will place a bet on
an individual or organization that they have confidence in.
Mayor Purzycki advised that investment is needed and noted that, in Wilmington, the
'90s were pretty strong and there were surpluses in the State. He explained that
Governor Tom Carper, as well as Senator Patty Blevins and Representative
Roger Roy, co-chairs of the Bond Bill Committee, believed in the project and were
committed to it, and whenever there was an idea they would write a check.
Mayor Purzycki stated that all the good ideas in the world will not work without any
money. He noted that about $250M was probably used over 22 years in roads and
Delaware Department of Transportation (DelDOT) spending; in cleaning up land, a
good bit of which was owned publicly by the State and City; and in building
necessary infrastructure. Mayor Purzycki advised that approximately $100M were
economic development funds, noting that approximately $5M was received per year,
which allowed them to operate. He stated that these funds provided some wiggle
room on investments they made; however, they returned every single penny back to
the State in taxes in 2013, when the payback was finished. Mayor Purzycki also
indicated that about $40M came back to the State every year due to the employment
and economic development that was going on, noting that these were the University's
figures and not his own. He advised that this was a great justification for the
necessity of investment. Mayor Purzycki explained that these projects cannot be
done cheaply and a difference can be seen between places where there is investment
and where there is none.
Mayor Purzycki advised that when he left the Riverfront project, approximately two
(2) years ago, there were 7,000 people working and 1,400 people living there, a
dozen restaurants, and a spectacularly beautiful wildlife refuge. He noted that there
are river boats, a movie theater, a children's museum, and the Riverfront Market.
Mayor Purzycki stated that the Riverfront was turning into a wonderful place that
could be put in any city in America and people would still say, "Boy this is really
nice down here." He indicated that there was much more to come, two (2) hotel
developers had applications in to build hotels, and another restaurant was being built.
Mayor Purzycki advised that a bridge was currently under construction across the
river and Wilmington was one (1) of the long shot competitors for Amazon. He
explained that competing for Amazon was a great exercise that made Wilmington
reflect on their greatness and their shortcomings. Mayor Purzycki stated that they
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hired Robert A. M. Sterns, one (1) of the world's great architectural design firms, to
provide a vision of what the South Market and South Walnut Street area, on the other
side of the river across the bridge, could be. He noted that this is the area where the
ShopRite is and where they had gotten rid of big petroleum tanks, although there are
still tanks from the recycling operation there, and that they want to land plant that
area all over again. Mayor Purzycki explained that Robert A.M. Sterns had done the
Navy Yard in Philadelphia, this was the kind of model that Wilmington was looking
for, and Robert A. M. Sterns came back with an outstanding plan that Wilmington
cannot to wait to roll out in the near future. He stated that redeveloping that side of
the river in this way has the potential to redefine the City of Wilmington forever.
Mayor Purzycki indicated that the rest of Wilmington has economic development
challenges. He stated that, on the positive side, in addition to the hotels, 1,000 units
are being built, including some on the Riverfront, 300-400 downtown, and another
500 throughout other parts of the City. Mayor Purzycki advised that Wilmington has
a good, strong residential market; people who are willing to move into the City; and
developers who are willing to invest a great deal of money. He indicated that their
negative issue is crime, which appears in the papers all the time. Mayor Purzycki
informed members that when he ran for office, he stated, "Crime is not the problem,
crime is a symptom of the problem, and if you keep chasing crime as a problem you
will never beat it. You simply won't beat it. You have to keep looking at what the
underlying causes are of crime." He advised that in Wilmington the causes are
joblessness, poverty, and a kind of subculture of underclass. Mayor Purzycki stated
that this was deeply distressing to him as a human being and confounding as
somebody who is in charge of trying to steer the course for the City in the future. He
indicated that his commitment was to do whatever it takes to turn around these
neighborhoods and address problems in a way that is uncomfortable for some people,
because we have done some things as a society that we should not be proud of.
Mayor Purzycki advised that he had hired the best police chief in the country, noting
that in the history of Wilmington's Police Department they had never hired a police
chief outside their City limit or Department. He stated that his reasoning was that
if you keep getting people from the same department, in any department, you get a
recycling of what they did before. Mayor Purzycki indicated that everybody learns
from the old chief, who learned from the old chief, who learned from the chief before
him.
Mayor Purzycki noted that it was stated in a crime report approximately five (5)
years ago that Wilmington had tried every crime strategy proven to work in cities
throughout America, and Wilmington always moves on to chase the next shiny
object. He advised that this is like a football coach who says, "Our blocking and
tackling is not the problem, let's change the system." Mayor Purzycki stated that if
you cannot do the basics, any system does not work. He advised that Wilmington
had to change what it was doing, and the best way to do that was to hire a new chief.
Mayor Purzycki informed members that there were 30 applicants from every large
city in America and, after interviewing many of them, he hired Police Chief
Bob Tracy, who had 22 or 24 years in New York City and five (5) years in Chicago.
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He noted that Chief Tracy understood any number of strategies that had worked very
well in New York City, and crime had dropped precipitously while he was in New
York and in Chicago. Mayor Purzycki stated that they have a lot of confidence in
the Chief, who goes out into every single community and meets with everybody. He
advised that Wilmington’s police officers are everywhere, there are more police on
the street than ever before, and they meet people, including good guys and bad guys.
Mayor Purzycki indicated that he and Chief Tracy share the tenet that they must start
treating people as equals and as people who share the same city. He stated that they
cannot keep treating people like “others” and as if a class of people have a different
status in their community. Mayor Purzycki advised that this approach had been
working and core relationships were being built in the community; however, at the
moment this was not translating to a reduction on crime. He indicated that he
thought that this was, in large measure, because these kinds of things have to take
root so that people will pick up the phone and call and there will be cooperation from
their neighbors, which is a longer process.
Mayor Purzycki explained that the second part of the process involves the CompStat
methods that Wilmington uses, which require the accumulation of data about the
people who are committing crimes. He indicated that Wilmington had approximately
167 or 168 shootings. Mayor Purzycki noted that the 125 victims had 2,800 prior
arrests, 199 of which were gun charges; therefore, the victims were people who had
gotten themselves into much trouble. He stated that the City of Wilmington is trying
to get as much data as they can about the people who are committing these crimes
and thinking about how to get them off the streets, because they are repeat offenders.
Mayor Purzycki indicated that if people are going to insist on carrying guns, he will
insist on getting them off the streets.
Mayor Purzycki expressed the need for a conversation with the Department of
Corrections (DOC) about what they do when they put people into prison because, in
his judgment, those who come out of prison are no better off, and in many cases
worse, than when they went in. He stated that the DOC is misnamed, noting that it
does not correct things but punishes people. Mayor Purzycki advised that there are
people who insist that punishment is the right thing to do and expressed the need to
face up to the fact that Delaware has the highest recidivism rate of any state in the
country, including Mississippi, Louisiana, and Alabama. He stated that 77% of all
those coming out of prison will be rearrested in three (3) years, and 66% will return
to prison in three (3) years. Mayor Purzycki expressed the need to ask hard
questions, noting that if three-quarters of those who come out of prison are going
back, maybe someone is doing something wrong.
Mayor Purzycki stated that the police are being asked to solve the crime problem the
way teachers are being asked to raise kids, and this is a bad decision. He advised
that police officers do what they can; however, there is a need to change the
communities that everyone lives in. Mayor Purzycki explained that his mantra is that
we must strengthen neighbors and rebuild our communities, noting that people are
living in terrible, third-world housing in old, broken-down houses that should not be
inhabited. He noted that Wilmington did rental inspections for the first time in 10
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years in West Center City, which was the first part of the city for his neighborhood
stabilization efforts. Mayor Purzycki explained that staff needs permission to inspect
rental houses before going to court, and one would assume that those who gave
permission to inspect would be people who felt pretty confident about their ability
to pass an inspection; however, 28% of them failed. Mayor Purzycki indicated that
Wilmington had not yet gotten to the people who did not respond.
Mayor Purzycki informed members that Wilmington has a landlord rental industry
of people who will buy a property cheaply, slap some paint on it, and collect a stiff
rent, because everybody pays $800-$900 for their rent to the City. He stated that
there is a condition of deterioration in the neighborhoods, and many landlords are,
in a sense, predatory, although they do not think of themselves that way.
Mayor Purzycki advised that these landlords are profiteers because they can buy a
house for $30,000, slap some paint on it, and, if they get the rent, receive $800 per
month, and this is the big number they are chasing. He stated that this is where the
mind set of the people in the City of Wilmington must be changed.
Mayor Purzycki indicated that, looking forward, he feels pretty good about what is
going on in Wilmington. He noted that optimism is considerably up because of
confidence in leadership. Mayor Purzycki stated that if people believe that things
can get better, things just start to get better. He advised that he did not take this for
granted and did not want to squander it, but people were pretty excited about what
could be done. Mayor Purzycki stated that although crime was up, people were not
complaining about it. He advised that there had not been letters to the editor, which
is not a bad bellwether, noting there may be five (5) letters tomorrow.
Mayor Purzycki indicated that people understand that things will not turn around
quickly and stated the importance of people believing that what was being done
would accomplish the goal.
Mayor Purzycki stated that he was fortunate to have a key developer who is willing
to spend huge amounts of money on the city. He explained that the Buccini/Pollin
family is committed to the City of Wilmington, which is emotionally their home, and
this group had a huge investment in Wilmington. Mayor Purzycki indicated that
some may argue that their investment is self-preservation; however, he stated that
Buccini/Pollin believes in this little world and his job is to support them in
everything single way possible. He noted that this is good advice for any mayor
anywhere, and if someone wants to invest in your city, you should support them.
Mayor Purzycki advised members that Wilmington has some remarkable things
going on, with many people building apartments and great projects underway. He
stated that he feels good about the future as long as he can put together a plan to deal
with the City’s communities, which are pretty fractured. Mayor Purzycki noted that
he reads the paper and knew that Dover has issues also, although on a different scale,
and that Dover wishes it could deal better with violence. He expressed his belief that
this is America’s problem. Mayor Purzycki indicated that last week was difficult and
that, within two (2) days, a poor mother had drowned her two (2) children and
two (2) men were shot in the middle of West Center City, the area where
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Wilmington’s staff is working as hard as they can and where police are doing such
a great job. He noted that another individual from Maryland shot someone in
Wilmington after killing two (2) or three (3) people in Maryland, and that all of this
was enough to get one’s shoulders a little bowed.
Mayor Purzycki stated that, at the same time, Father Gregory Boyle, a remarkable
man who is a Jesuit from Los Angeles, came to speak. He explained that
Father Boyle is the head of Homeboy Industries in Los Angeles, which puts those
who are coming out of prison to work, for example, as painting contractors, and
builds its own business. Mayor Purzycki advised that Father Gregory noted that
Homeboy Industries is the biggest employer around for men coming out of prison.
He noted that Father Gregory has a sense of humor, is real, and is in the trenches.
He stated that the things that Father Gregory talked about meant a lot to him because
one can look at things all day long and think they have it right, and then someone
gives a perspective that changes one’s focus.
Mayor Purzycki stated that he thought Father Gregory was right when he stated that
we spend all of our time judging each other and we ought to marvel, in some cases,
that people do as well as they do, given the burdens they have in their lives. He
noted that he loved Father Gregory’s statement that we have to live in kinship with
one another, because in kinship you do not judge one another and are not living in
service of one another. Mayor Purzycki stated that Father Gregory indicated that
living in service of one another suggests that the superior person is giving something
to the subordinate person; however, in kinship everyone understands that they are all
in this together, which this is a mind set that is very difficult for some people.
Mayor Purzycki indicated that his eyes had opened up to this idea, he was moved by
it, and he thought this is ultimately what must be done. He explained that he thinks
differently about going to work every day than he did before, this approach works,
and he has hope.
Mr. Hammond advised that, in looking at West Center City and Southbridge,
Wilmington has structural unemployment problems. He stated, in regard to the high
recidivism rate, that although he did not have empirical data, he believed that a lot
of those who come back to prison cannot get employment, and they go back to the
things that put them in jail. Mr. Hammond stated his understanding that financial
services, such as credit card and banking businesses are a major economic employer
in the city; however, those coming out of prison have never worked in these areas,
and he noted that DuPont had been scaled down. He asked what Mayor Purzycki’s
strategy was for engaging people in a long-term attachment to work in view of the
structural problems in Delaware. Responding, Mayor Purzycki stated that 66 percent
of all men over 18 years old in Wilmington’s three (3) zip codes have been in prison.
He noted that it is a tough road to get a job after getting out of prison and these
individuals will obviously not get a well-paying job. Mayor Purzycki stated that
some people may question why those with no skills or record should get
employment. He advised that the bigger problem is that two-thirds of these men will
go back to prison again.
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Mayor Purzycki indicated that we tend to obsess over kids and noted that, off the top
of his head, he could immediately recall two (2) schools in Wilmington where 3%
or less of the students in third and eighth grades can do math at grade level and 8%
can read at grade level. He advised that everybody states the need to help children
and all of the emotional energy goes toward them. Mayor Purzycki stated that he
was asked what kind of program he would have for kids if he had $1M, and he
answered that he would spend this money on employing their fathers. He indicated
that the trouble with our community is that young people do not internalize the kind
of middle-class values that we simply take for granted. Mayor Purzycki explained
that, although he had not been a very good student, he always knew that he would
go to college because he was surrounded by expectations that he would do so, and
he internalized that growing up. He noted that many people do the same thing that
their parents did, such as becoming a police officer, fireman, or accountant.
Mayor Purzycki advised that we internalize images as we grow and they become our
aspirations. He indicated that people always say to him that these kids have no hope.
Mayor Purzycki explained that words matter, and before one can have hope they
have to have an aspiration. He indicated that kids do not even know what to hope
for, and to him this was the big problem.
Mayor Purzycki stated that the challenge is the cycle of poverty. He advised that no
one should be judged, because as soon as this is done the conversation becomes
exhausting. Mayor Purzycki indicated that half of the room wants to say that things
should be done as their family did them, others want to talk about entrenched racism,
and no one gets anywhere.
Mayor Purzycki noted that there are men who cannot work when they finally decide
they want to do so and, in his judgment, if they are not put to work, nothing else will
work, regardless of how good the schools are. He expressed the desire for kids to
feel the temple of life around them, explaining that people wake up in the morning,
work all day, come home, relax in front of the TV, and go to bed. Mayor Purzycki
indicated that if this is not the cycle of someone’s life, they may wake up at 11:00
and hang out on the streets all day long, and there may be 20 people standing on a
street corner doing nothing. He stated that the second path will not end well,
something ill-advised will be done, and this is what happens every day.
Mayor Purzycki stated the need find a way to get people working, even if this must
be forced for a while. He noted that everybody says that they want to work;
however, some have never held a job.
Mayor Purzycki informed members that he had been to step-down houses for those
coming out of prison where a program for resume writing was provided that only a
bureaucrat could make up. He estimated that only two (2) out of 30 former prisoners
have held jobs and asked what they would put on their resumes. In addition,
Mayor Purzycki advised that although these individuals state that they want to work,
if he gets them a job they do not appear for work on the second day because they
have never had to get out of bed and go to work every day. He noted that when they
get to work, the boss may give them a hard time, which is part of working, and if
they are not used to this they may take a swing at the boss and be fired. Mayor
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Purzycki stated that it takes a long time for people to understand what it takes to be
a responsible employee.
Mayor Purzycki reiterated the need to get people working because so much money
is being spent on the other end. He noted that the Works Projects Administration
(WPA) from 70-100 years ago put people to work during the Depression, and this
approach worked. Mayor Purzycki advised that what we have now is worse than a
depression. He stated that people should be put to work and there is plenty for them
to do, noting that this might offend some people's politics. Mayor Purzycki stated
the need to be practical because what was currently being done was not working. He
advised that you cannot have two-thirds of the people going to prison and two-thirds
of them going back again, noting that, doing the math, the statistic would become
90%, not 70%. He advised that this was his answer and that he did not have the
details fleshed out.
Mayor Purzycki indicated that a tremendous amount of money was invested in the
Riverfront, there was a huge return, and we can also invest in human capital and have
a great return.
Mr. Kirby Hudson, Assistant City Manager, stated that he has two (2) mayors, since
he works daily with Mayor Christiansen and lives in Wilmington. He noted that he
is originally from New York and had been living in Delaware since 1988, when a lot
of bankers and other people came from New York. Mr. Hudson indicated that over
time he had been able to see the transformation of Market Street, had strolled from
one end of it to the other for the first time over the past weekend, and was impressed
to see how far Market Street had come. He noted that it had been hard to get people
to come to that area; however, it was now bustling and many different things were
opening up. Mr. Hudson asked what the top three (3) things were that Wilmington
had done to turn that area around and inspire people to want to open businesses there.
Responding, Mayor Purzycki advised that Market Street was not yet where they
wanted it to be. He stated that the first thing was to have a developer who believes
in the city and knows how to avail himself of the various programs that the State,
city, and private sector offer. Mayor Purzycki explained that it is not easy to make
things profitable, so partners are needed who help cushion the blow on the
investment that will be made. Mayor Purzycki stated that, for Wilmington,
investment is a no brainer because the return is tremendous.
Mayor Purzycki stated that the Riverfront never worked until people lived there. He
recalled that in approximately the tenth year they needed photographs for a
periodical and had to use time lapse photography to get enough people in the picture.
Mayor Purzycki indicated that after people began living in the area, everything
suddenly worked because it became populated and felt friendly.
Mayor Purzycki indicated that no one was living in the area for a long time, then the
Buccini/Pollin Group developed the Residences at Rodney Square in the old
Delaware Trust building, which was a start, and the LOMA development then started
to work as well. He indicated that there is now a fund for the upstairs, another 200
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units must be built scattered on the second floor of the retail spaces, and larger units
are currently being built there. Mayor Purzycki advised that as soon as people are
seen getting up in the morning, walking out and having coffee, and having friends
over, the place will suddenly feel different.
Mayor Purzycki indicated that Wilmington has the same problem that Dover has,
which is that retail business is struggling everywhere, and it is difficult to get retail
business except in New York or Philadelphia, where there is a lot of money to
patronize these businesses. He noted that Wilmington has many good things,
including the Wilmington Playhouse, the Wilmington Grand Opera House, and The
Queen. Mayor Purzycki stated that a big investment was needed to get The Queen
going; however, The Queen was great because it provided some entertainment in the
area.
Mayor Purzycki stated that Wilmington always gives people incentives to open
businesses in different places, supports people, has good jobs, and will pay the
ransom to keep businesses there. He indicated that he wanted to subsidize
restaurants, night life, and bars because this is how he ultimately saw the downtown
being populated. Mayor Purzycki advised that the Riverfront is going to be
wonderful, but it will not have the city feel. He noted that Market Street has a block
or two (2) that still needs some work, but it is very pretty. Mayor Purzycki stated
that they had painted some of their buildings with nice colors, so the area feels good
and is getting better. He indicated that they also have other nice things to start with
there, such as the Historical Society.
Mr. Mike Harrington, ERA Harrington Realty, asked what Mayor Purzycki would
suggest that the Department of Corrections do so that they do not have such a large
return. Responding, Mayor Purzycki reiterated that he had been Senate Attorney in
Dover for years and got a flavor of the culture of the State. He stated that our State
had always had the idea that if you commit a crime you get punished for your crime,
and he did not think people worried about who was going to prison. Mayor Purzycki
stated that when his predecessor ran, he stated, “I’m not going to hug a thug,” and
everybody loved it; however, Mayor Purzycki stated that these individuals are people
and, although some of the people put in prison cannot be fixed easily, there are many
who are 18, 19, or 22 years old and are still pretty malleable. He advised that people
can be treated in such a way that they come out of prison better than when they went
in, with a General Educational Diploma (GED), education, or training.
Mayor Purzycki noted that he meets people in the steel fabrication business who
need welders terribly; however, they will not hire an unemployed welder because
there are so many jobs and so few welders that they assume that an unemployed
welder probably does not know what he is doing. He indicated that one would think
that we would be investing by teaching skills like welding to prisoners, who could
make much more than $15 per hour when they get out of prison. Mayor Purzycki
advised that he was aware that some individuals cannot be fixed. He noted that there
are many people who are in prison for multiple gun offenses and should not just be
turned out but have to prove that they can be released. Mayor Purzycki indicated
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that these individuals go back to the same places, have the same habits, and are the
ones that are killing their neighbors.
Mayor Purzycki indicated that the mentality of police officers had always been to see
themselves as warriors; however, they are now starting to think of themselves as
people who are guarding and working in cooperation with the public, which is a
different mind set. He noted that officers can flip the warrior switch. He advised
that DOC also needs a new mind set. He stated that inmates are the bad guys;
however, they have to be treated like human beings if they are to behave like human
beings. Mayor Purzycki noted that he did not have a precise answer to Mr.
Harrington’s question; however, to state that there is no funding is foolish because
money will be paid sooner or later.
Ms. Evans stated that she did not claim to be an expert on this subject; however, her
husband had retired in April from the DOC after 28 years. She indicated that
Mayor Purzycki was correct, noting that if someone’s father grandfather, and mother
are teachers, they become a teacher. Ms. Evans advised that it is the same way with
those who have grandfathers, fathers, and uncles in prison. She stated that her
husband worked for the last nine (9) years in an area of the DOC where concrete,
welding, car repair, and upholstery are taught, so there are programs in place.
Ms. Evans indicated that Mayor Purzycki and Mr. Hammond were more correct in
saying that once prisoners are released there has to be an option for them if they have
learned a skill. She noted that former prisoners are not used to working and the work
environment. Ms. Evans advised that they have two (2) paths to choose when they
are released: taking what they have learned or fitting right back into the same family
and neighborhood and continuing down that path, and she asked which is the easier
path. She suggested, although it would not be easy, putting money into some type
of mentorship program, such as Alcoholics Anonymous (AA) or Narcotics
Anonymous (NA), to plug these individuals into and have someone mentor, help, and
pursue them. Ms. Evans indicated they could then possibly take that road less
traveled within their own family or neighborhood, and begin developing that group
one (1) person at a time. She stated that what the DOC does is not perfect; however,
they do have programs that should be expanded on. Ms. Evans advised that the issue
was more about figuring out what path former prisoners will take and whether or not
they will put their skills to use.
Mayor Purzycki stated that we cannot be naive about what happens when a young
man comes out of prison and goes back to the neighborhood where he grew up. He
advised members that there is a wonderful book entitled, "The Short and Tragic Life
of Robert Peace" which he read and enjoyed because it took place in Newark, New
Jersey, his hometown. Mayor Purzycki explained that this young man grew up in
East Orange, New Jersey, blocks away from Newark, and Charlie Cawley from
MBNA paid for him to go to St. Benedict’s. He indicated that Robert Peace went to
Yale, where other students had money but he did not. Mayor Purzycki advised that
Robert waited on tables but also sold marijuana and almost got jammed up; however,
someone backed him and he managed to graduate at the top of his class in
microbiology. He stated that Robert went to work for American Airlines as a
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baggage handler because he wanted to see the world. Mayor Purzycki explained
that Robert saved $60,000 and put it in his uncle’s care while he traveled; however,
when he returned, his uncle had spent the money and Robert was broke and went
back to selling drugs. Mayor Purzycki advised that someone who is caught selling
drugs in New Haven receives a smack on the wrist; however, in East Orange one can
be killed for doing this, and Robert Peace was killed. He noted that he knew another
tragic story exactly like Robert’s, kids coming out of prison go back to what they
know, and there is nothing good back there. Mayor Purzycki indicated that this issue
is terribly complex and a tremendous challenge, and a terrible disservice is done by
not defining the problem correctly.
Mr. Mike Petit de Mange, Kent County Administrator, referred to Mayor Purzycki’s
comment that great visions with no money do not go anywhere. He noted that the
Riverfront project was a great example of a project that went somewhere; however,
there was public and private risk. Mr. Petit de Mange stated that it is very common
in most places for local governments to be risk averse, they do not want to go into
debt and are afraid of it, and they expect someone else to pay for it. He asked for
Mayor Purzycki to discuss some of the tools he may have employed or promoted in
the Riverfront to get where they are, as well as what he was looking to do to finance
Phase 2, which sounded exciting. In response, Mayor Purzycki stated that the City
of Wilmington made proportionate contributions early. He noted that the City’s
pockets are not as deep as the State’s; however, the City made investments along the
way, and the things that they did early were not terribly risky. Mayor Purzycki
explained, for example, that the first thing they spent a lot of money on was the
Chase Center. He noted that every time he goes into the Center he questions what
the City would do without it since the City does not have anyplace else to put 500
or 1,000 people. Mayor Purzycki advised that the building was built for $14M, and
this was a remarkable effort. He noted that it has 126,000 square feet downstairs and
80,000 unfinished square feet upstairs. Mayor Purzycki informed members that
when it was finished, they had $14M in another building, traded this building with
Verino Pettinaro, who got the building for which rent is paid, and Wilmington got
a building which is spectacular. He advised that, when all was said and done, the
cost was $14M. Mayor Purzycki stated that the risk was owning a building that
became their convention center, which was not a big risk.
Mayor Purzycki indicated that there were things that were a little risky at times,
noting that the Riverwalk cost $25M and the river’s edge was just mush, because it
had been used for shipbuilding and had gouges every 200-300 feet for shipways. He
explained that ships were built on the land and had to slide down these shipways.
Mayor Purzycki advised that the cost was so much because the place where they
wanted to have the Riverwalk had whatever fill had been put in over the years. He
noted that some of the ways they used money were a little aggressive, and it would
have been on him if things did not work out well.
Mayor Purzycki stated that they overpaid for the property where the Big Fish Grill
on the Riverfront is located. He noted that the power of eminent domain was lost in
the General Assembly eight (8) or 10 years ago and the owner of the roofing
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company at this location had the advantage of knowing that the uglier the building,
the more they would have to pay for it. Mayor Purzycki advised that most of the
money was recovered when they sold the property to the Big Fish Grill. He stated
that although they lost $600,000 or $800,000, it was a bargain to get rid of a roofing
company eyesore and trade it for a nice restaurant, which will become a hotel and a
conference room.
Mayor Purzycki explained that judgments are made along the line and this
undertaking is not for the timid. He stated that a few dollars may be lost, but there
are important reasons for doing projects. Mayor Purzycki advised that if you have
your convictions about you, you will find people will be willing, noting that someone
will always complain. He indicated that there must be judgment about what funds
are invested in along the way, and it is important not to look at it on a project-by-
project basis because there are loss leaders in every big investment. Mayor Purzycki
noted that, although money will be lost on parts of the development, a tremendous
amount of money will be made when looking at the big picture. He stated that the
only sensible way of looking at the Riverfront is to consider how much money was
put in and how much comes back every year, regardless of where it comes from.
Mayor Purzycki explained that money may be lost here or there, but if three (3) times
more is made somewhere else, it is a success.
Mr. Tom Burns, Burns and Ellis Realtors, stated that he was born and raised in
Wilmington, and he knew what downtown Market Street used to look like and that
all the shopping, etc., eventually moved away. He noted that he had been in Kent
County for 40 years. Mr. Burns advised that, in the past 10 years, Kent County had
not recovered from the recession in terms of unemployment and New Castle County
was suffering from the same malady. He stated that he saw things going in the
wrong direction in the State, businesses were disincentivized from moving here, and
asked what Delaware can do as a state. Mr. Burns indicated that those in Kent
County are striving to have stronger businesses come in to avoid underemployment;
however, Delaware now ranks above the national average on unemployment. He
indicated that he, the members of the Kent Economic Partnership, and other people
in the room feel that they are at loggerheads with the State in terms of trying to move
things forward. Mr. Burns stated, for example, that he and Mr. Harrington are real
estate brokers and, at the last minute, the State increased the State transfer tax by
one-third, which disincentivizes businesses and real estate investors to come here.
Mayor Purzycki stated that this tax adds to the burden when going into transactions,
especially for young people buying homes. He advised that an estimated 5,000 or
6,000 people who do not come from Delaware own homes in Sussex County.
Mayor Purzycki indicated that their deeds reflect that these homes are not even
owned by people but by family trusts from Maryland, Georgia, and Virginia who
beat the system and are not charged anything for taxes. He noted that there may be
a $5M house on the beach whose owners do not pay $5,000 in taxes, and when the
owners come for the closing they see the yearly amount for taxes and ask if it is the
monthly rate. Mayor Purzycki indicated that this made no sense to him and it is hard
for him to get his head around people coming from out of State, paying no sales tax,
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using our services, and paying nothing. He stated that Delaware’s taxes are so low
that we invite older people from other states to come here, and all Delaware gets
from them is a transfer tax. Mayor Purzycki noted that Delaware probably gives
these individuals some sort of exemption since everyone is given a $500 exemption
for being 65 years old, or possibly younger, and this is not even means tested. He
stated that in the northern part of the State, where schools are so challenged, people
of significant means who are wage earners are chased into Chester County,
Pennsylvania. He advised that in the southern part of the State, Delaware attracts
people who are retiring from other states who will pay nothing and Delaware does
not even get a decent property tax out of them. Mayor Purzycki stated that Delaware
then finds itself without money and raises the transfer tax. He indicated that it is said
that a 10-cent gas cannot be added when gas costs $2.60. Mayor Purzycki advised
that smart investment must be made in a state or it will die.
In regard to how to attract things to Delaware, Mayor Purzycki stated that people
over-sophisticate why they choose a place. He noted that location is important, and
Delaware has an unbelievable location. Mayor Purzycki advised that another
question is how attractive a state is, some parts of Delaware are very attractive, and
other parts are fixable but have been neglected. Mayor Purzycki stated that old,
beaten up places on a highway indicate poverty, and that a sign that has not been
fixed for 40 years states that we cannot afford to fix it and are old and tired. He
advised that when he was running for office, he said, “If you have some guy standing
on your highway with a sign saying, ‘Please help me, I'm homeless,’ that says there’s
something wrong with your city. You can't have it. You cannot have that guy
standing there. You want to give him money? You do it on your own terms. He's not
standing here, because that says the city is unwell.” Mayor Purzycki indicated that,
when driving down the highway, if there are places that look like they are ready to
fall down and probably should be leveled, this says that the location is unwell.
Mayor Purzycki stated that the bond rating is strong and there are a lot of favorable
things, including a great location and physical appeal. He indicated that the schools
should be in Delaware’s favor and, unfortunately, this cannot be said.
Mayor Purzycki advised that access to government is tremendously important, noting
that he sat with Mr. Jamie Dimon, Chairman, JP Morgan Chase, for an hour at their
annual meeting and discussed access to the elected officials in Delaware. Mr. Dimon
stated that Mayor Purzycki had no idea how important it is to him that Mr. Dimon
can call Senator Chris Coons or Senator Tom Carper when he needs something or
wants them to understand his point of view, and this does not happen elsewhere.
Mayor Purzycki explained that Mr. Dimon stated that he had now spoken to
Mayor Purzycki more than he had ever spoken to Mayor Bill de DeBlasio of New
York, and that one cannot get to the Mayor of New York and speak to him.
Mayor Purzycki stated that Delaware offers these organizations instant access to its
congressional delegation, and Delaware’s two (2) senators are as important as Texas
or California senators. He stated that he thought Delaware should take advantage of
these kinds of things.
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Ms. Tammy Parris, Parris Nail Lounge, asked what should be done first for economic
development downtown. In response, Mayor Purzycki stated that it would be
presumptuous for him to advise on this subject since he does not know everything
about downtown Dover, and this is why he was spending time here. He noted that
it is now difficult for little downtowns everywhere, which had suffered economically,
other than Newark, Delaware, which has the University of Delaware.
Mayor Purzycki stated that Newark is thriving and is a wonderful little town, but it
has 20,000 people walking around with pockets full of money to spend and 60
restaurants. He expressed his belief that it is a well-managed city, noting that it is
easier to manage a place where there is money than a small town that is asking how
to get retail downtown after retail has moved to the malls. Mayor Purzycki stated
that retail is not strong in Wilmington, and that is why they need entertainment. He
advised that Wilmington’s downtown has to find its image, which he thought would
have to be entertainment and culture. He noted that every place has to be real,
stating that people are always waiting for a Nordstrom’s, which is not going to
happen. Mayor Purzycki advised that it is hard to get retailers and the kind of things
that you want to see downtown. He stated that he wished he could provide better
advice; however, he would not presume to tell those in Dover how to do their jobs.
Mayor Christiansen thanked Mayor Purzycki for his insight and for answering
questions.
By consent agenda, Mr. Lewis moved for acceptance of the Economic Development Committee
Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
DOVER HUMAN RELATIONS COMMISSION REPORT -
NOVEMBER 16, 2017
The Dover Human Relations Commission (DHRC) meeting was held on
November 16, 2017 with Chairman Henderson presiding.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
No report was provided.
Community Engagement Committee (Mullen)
No report was provided.
Education Committee (Fleming)
No report was provided.
Communications Committee (Paige)
During the Special Dover Human Relations Commission meeting of
October 19, 2017, members reviewed a draft Dover Human Relations Commission
brochure and Mr. Offredo advised that it was 99% complete. Ms. Paige provided a
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revised draft Dover Human Relations Commission brochure and noted that the
brochure would probably have to be revised again to include information regarding
Mr. Gerald Rocha, Sr., a new DHRC commissioner. She explained that
Mr. Henderson’s name had been added to the brochure under “Committee
Assignments” as DHRC Chair. Ms. Paige stated that they had not included it
previously because there would be a need to print new brochures each time the
Chairs change; however, she indicated that it was only right to have the Chair listed
on the brochure. She advised that the Communications Committee was seeking
approval for the brochure and noted that a correction would have to be made to the
second paragraph under “Our Meetings,” which stated that “The Commission begins
each regular meeting by inviting anyone present to address the Commission.” Ms.
Paige stated that they would have to change this to reflect their understanding that
the public comment period needed to be before the actual meeting opens.
Mr. Henderson noted that this would be like the Open Forum that City Council
holds.
In response to Mr. Fleming, Ms. Paige advised that the brochure would state that
comments must be limited to three (3) minutes and no action will be taken at that
time.
Mrs. Herbert noted that the Commission’s agenda always states that meetings are
from 6:00 to 7:00 p.m. and asked if the time could be increased or if 15 minutes
could be added in somewhere. She noted that the DHRC often does not have anyone
present who wishes to speak. Responding, Ms. Paige stated that the Commission
would have to increase the time because meetings begin at 6:00 p.m. and the
comment period would have to be before opening the meeting. She indicated that
she was bringing these matters to members’ attention because the Communications
Committee wanted to seek approval of the brochure tonight with the amendments.
In addition, she stated the desire to be able to update the brochure as new
commissioners are appointed.
Mr. Fleming stated that, in the past, DHRC meetings had begun with comments from
the community, and very often there was no one present to comment. He advised
that if comments from the general public were given before the meeting, members
would not know what time to get there. Mr. Fleming indicated that he thought that
recognizing anyone that has a comment for the Commission as the first order of
business would be good enough.
Mrs. Stein stated that it was suggested that the DHRC model the public comment
period after City Council, where the public is allowed to comment prior to the
meeting but not to comment on matters that City Council is planning to discuss. She
noted that comments regarding agenda items could be taken during the DHRC
meeting and that the Commission could not act on comments during the Open Forum
segment. Mrs. Stein stated that it was strongly suggested that members set a
designated period prior to the meeting, perhaps 10 or 15 minutes for public comment.
She noted that the meeting must start at 6:00 p.m. because the meeting has a
published agenda and only items on the agenda can be discussed during the meeting.
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Mrs. Stein indicated that talking about an item that is not on the agenda would not
allow for the public to come and comment.
Mrs. Herbert stated that if this was the case, a better agenda was needed than the
current agenda because one sentence indicating that there will be a report from
someone does not tell what the person might say. She indicated that a member may
be planning to say something about what the public has commented on. Mrs. Stein
stated that she would discuss this with the Clerk’s Office.
Mr. Henderson stated that he had been on the DHRC for quite few years and did not
think that comments would be overflowing. Mr. Henderson advised that in all the
years he had attended he could remember four (4) or five (5) comments and that he
thought that if an Open Forum was included on the agenda, members could get
through the meeting quickly.
Mrs. Herbert stated that she was assuming that the whole idea was to get people to
come in and comment on issues that they have, and Mr. Henderson agreed.
Mrs. Herbert suggested having a couple of meetings per year that are devoted to the
public coming in and telling members what they think and not having a working
agenda. Mr. Henderson explained that this public comment period would be the
agenda. Mrs. Herbert indicated that public comment would be on the agenda instead
of committee reports, and this would be an opportunity for people to come in. She
indicated that they may not come, and it would take a while with communication and
activity to make people in the community aware that the DHRC exists and it is okay
to come and talk about issues that they are having. Mrs. Herbert explained that she
was thinking of the DHRC having an Open Forum from 6:00 p.m. to 7:00 p.m. on
a specific date and taking input from the public.
Mr. Gaddis asked if this is the way the Committee of the Whole works. Responding,
Mrs. Stein stated that the Committee of the Whole agenda states that public comment
is welcomed on any item on the agenda, and the public is encouraged to come in.
She noted that this is also stated on the DHRC agenda. Mrs. Stein explained that a
problem would be created if someone comes in with items that are not part of the
DHRC committee reports or anything on the agenda.
Responding to Mr. Gaddis, Mr. Henderson stated having people come in from
6:00 p.m. until 6:15 p.m. and extending the meeting until 7:15 p.m. or however long
it takes members to finish would be a possibility. He indicated that it would be his
goal as Chair to make sure that members meet within an hour and that meetings go
from 6:00 to 7:00 p.m.
Mrs. Herbert asked if members could start out with a five-minute comment period
since they normally do not have people. She stated that as people start to come, a
little time could be added. Responding, Mr. Henderson stated that they would not
want the Open Forum to go on indefinitely and suggested allowing 10 minutes and
then starting the meeting, similar to what is done by City Council. He noted that two
(2) or three (3) people could speak for three (3) minutes each.
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Responding to Mr. Fleming, Ms. Paige stated that the brochure will be in color.
Mr. Fleming moved to recommend approval of the brochure as amended, seconded
by Ms. Paige.
Mr. Gaddis stated that members had not determined what they would do regarding
public comments and asked if they wanted to allow public comments for the first 10
minutes of the meeting. Mr. Fleming stated that he thought this would be good idea.
Ms. Paige suggested that members approve the brochure knowing that they have to
make the necessary corrections. She indicated that they could then have discussion
about when public comments should be and this would be included in the brochure.
The Commission recommended approval of the brochure, as amended.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Gaddis asked if public comments could be built into the agenda; for example,
if the meeting could start at 6:00 p.m. and public comments could be between 6:00
p.m. and 6:10 p.m. Responding, Mrs. Stein stated that the meeting and public
comment period should be two (2) separate events, so the public comment period
could begin at 5:50 p.m. and the meeting at 6:00 p.m. She indicated that the times
would be up to members to determine.
Mr. Gaddis stated that his preference was that the meeting start at 6:00 p.m. and the
first item on the agenda would be public comments.
Responding to Mr. Rocha, Mr. Henderson stated that placing the public comment
period on the meeting agenda would make it part of the meeting. Mr. Rocha noted
that members could not include the public comment period in the meetings.
Mr. Rocha stated that members could start public comments at 6:00 p.m. and start
the meeting by either 6:10 p.m. or 6:15 p.m. Mr. Henderson indicated that the public
comment period could also start at 5:50 p.m. and either approach would work. He
advised that whatever members decide to do, it would be his objective to get
everything done from 6:00 p.m. to 7:00 p.m.
Mr. Fleming suggested starting with a 10-minute comment period and extend the
meeting if necessary.
Mrs. Herbert advised that she did not think members could do this, noting that the
agenda states that adjournment is at 7:00 p.m. Mrs. Stein explained that this
adjournment time was stated on the agenda at Mr. Henderson’s request.
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Mr. Fleming stated that he thought that even with an Open Forum and community
input, 95% of the time the meetings would end by 7:00 p.m. Mr. Henderson advised
that, based upon his long tenure with the DHRC, he did not foresee this being a
problem and, if it was, members could change the format. Mr. Henderson suggested
starting the Open Forum at 6:00 p.m. and if there is an absolute crush of people, the
Open Forum could take place before the meeting time. He stated that he agreed with
Mrs. Herbert that as the DHRC gets publicity out and gets established, the public
comment period could potentially grow.
Mr. Offredo asked what would happen if there were many people at a DHRC or a
City Council meeting that want to discuss something that may be extremely relevant
but there was not enough time to get it on the agenda and the Open Forum time runs
out. He asked if the discussion would just end and the Council meeting start.
Responding, Mrs. Stein explained that there had been occasions when the City
Council Open Forum lasted 40 minutes rather than 30 minutes and the Council
meeting started 10 minutes late; therefore, there would be the ability to do this if
there is a special issue that a lot of people are concerned about.
Mr. Henderson stated that if meetings go a little over 7:00 p.m., so be it; however,
his objective was to be in and out within an hour.
The Commission recommended adoption of a 10-minute Open Forum beginning at
6:00 p.m. within the format of the designated hour.
Mr. Henderson stated that henceforth the agenda would include an Open Forum from
6:00 p.m. until approximately 6:10 p.m.
By consent agenda, Mr. Lewis moved for approval of the Commission’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
State Human Relations Commission Liaison Report (Herbert)
Mrs. Herbert explained that Dr. Nancy Maihoff, Commissioner, State Human
Relations Commission, had agreed to be the liaison from the State Human Relations
Commission (SHRC) and noted that she and Dr. Maihoff had not yet had a chance
to meet and may not do so until after the holidays. She stated that she and
Dr. Maihoff would discuss developing an understanding between the DHRC and
SHRC and put this into something that they can present. Mrs. Herbert advised that
this would be an understanding that delineates the roles of the two (2) commissions
and the solution of discrimination complaints, which fall within the jurisdiction of
the SHRC. She stated, for instance, that the DHRC would need to know exactly
what the SHRC covers and how one goes about making referrals. Mrs. Herbert
stated her recollection that the DHRC had decided not to ask for subpoena power
during the DHRC Workshop held on May 25, 2017, and Mr. Henderson stated that
this was correct.
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Mrs. Herbert stated that, at the last SHRC meeting that she attended, as she was
walking out the door she heard a woman indicate that she wanted her comments to
be confidential, and Mrs. Herbert had wondered how comments would be
confidential during an open meeting. She noted that Dr. Maihoff had explained to
her that if the SHRC goes into executive session, the public has to leave, and the
person can present their issue. Mrs. Herbert stated her understanding that this would
occur before the meeting so that names and other things are not included in the
minutes, which are published.
Dr. Maihoff explained that they do not take minutes at the executive session. She
advised that in their process they have an agenda, the meeting is opened, they have
a roll call, and they then have a time for expressions from the community.
Dr. Maihoff stated that this is when the individual that Mrs. Herbert mentioned
brought her issue, which had to do with feelings of discrimination in one of the State
entities, and she wanted to name names, etc. Dr. Maihoff noted that, unfortunately,
this person did not have the full opportunity because the SHRC had a full schedule,
she agreed to come to the next meeting, and this was the conversation that
Mrs. Herbert overheard. She stated that a new, joint human resources or human
relations commission had been created that deals with discrimination within State
entities, so this matter had been moved from the SHRC to this commission and she
indicated that she thought this person had the opportunity to talk to them at that
point. Dr. Maihoff advised that if this individual did come back, the SHRC would
vote to go into executive session, the tape recorders would be stopped, the people
from the State Division of Human Relations would have to leave, and the individual
could give the names and situations that she wanted to keep confidential. She
indicated that this is how this situation would normally take place using Robert's
Rules of Order.
Dr. Maihoff explained that she chairs the SHRC Community Response Committee,
and they had mediated a situation at Cape Henlopen High School where the
gay-straight community felt that they were being discriminated against by the
administration. She noted that it looked like there were some issues that were
stirring back up and that there are about four (4) people on the Commission trained
to do mediation. Dr. Maihoff stated that the SHRC would certainly work with the
DHRC if there were issues of mediation; for example, between a group of people and
the Police Department.
Dr. Maihoff advised that, personally, she is a volunteer at the Center for Community
Justice at People's Place, and explained that they do court-mandated mediation for
the Kent and Sussex County court systems. She noted that there is an equivalent in
New Castle County that does basically the same thing. Dr. Maihoff stated that she
is very well trained in mediation and offered her services. She indicated that they
have resources and can work with the DHRC to assist in any way that they need help.
Dr. Maihoff indicated that there may be times when the SHRC would need the
DHRC’s assistance if there is an issue in the Dover area that they are trying to deal
with, and the DHRC could lend its knowledge and strategies to the SHRC. She
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stated that she could see a very good working relationship and a possible sharing of
talents, knowledge, and strategies.
Mr. Offredo asked if members of the DHRC could go into executive session if a
situation presented itself where they wanted to discuss something confidentially.
Responding, Mrs. Stein stated that the Commission has the ability to recess into
executive session if members consider an agenda item that evolves into something
that qualifies for an executive session. She noted that this could not occur during the
public comment period.
Mr. Offredo asked if members could go into executive session if the public was
commenting on an item not related to the agenda. In response, Mrs. Stein stated that
this item would be scheduled on a subsequent meeting agenda.
Mrs. Herbert stated that she would meet with Dr. Maihoff after the holiday and make
sure that there is a clear plan so that she can advise members what is needed.
Mr. Henderson stated that he was very excited about the resources Dr. Maihoff can
provide for the DHRC.
Mr. Henderson welcomed Mr. Rocha and stated that he would discuss with him
which of the various committees would suit him. He indicated that he knew that
Mr. Rocha is very actively involved in the community in Chester, noting that his
reputation preceded him, both as a member of the military and of the community.
Mr. Henderson advised members that the next meeting would be scheduled for
January 18, 2018.
By consent agenda, Mr. Lewis moved for acceptance of the Dover Human Relations
Commission Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
ECONOMIC DEVELOPMENT COMMITTEE REPORT -
NOVEMBER 29, 2017
The Economic Development Committee met on November 29, 2017 with
Mayor Christiansen presiding.
Update - Starting a Small Business Incubator (Dr. Michael Casson - Delaware
State University UCEDIT)
During their Regular Meeting of June 12, 2017 City Council approved the
Committee’s recommendations: 1) that there be a meeting held with the County to
determine a path forward; and 2) entertaining the idea of participating in the Small
Business Website Initiative.
Dr. Michael Casson, Director, Delaware State University Center for Economic
Development and Trade (UCEDIT) advised that he had been communicating and
working with Mr. Jim Waddington, Kent County Economic Development Office.
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He informed members that Kent County has an enterprise center with dedicated
space for small business incubators. Dr. Casson advised that Delaware State
University, specifically the College of Business and UCEDIT, is working with
Mr. Waddington to provide small business development course work. He explained
that the University of Delaware Small Business Development Center (SBDC) has
agreed to provide an intro to business development course. He stated that the
business incubator would provide a comprehensive course selection, noting that
many of the courses will be required for the tenants of the incubator itself. Dr.
Casson noted that they were looking to bring to the table certification workshops and
classes, such as small business accounting, small business marketing, and getting a
business online, and also provide a graduate and/or undergraduate intern to help
manage the office in this space for the patrons. He explained that DSU had floated
a Memorandum of Understanding (MOU) to Mr. Waddington and his group to
review, specifically as it pertains to the intern. Dr. Casson advised they were
proposing to provide approximately 12 courses to the tenants there and also to the
general public and had sent this to Mr. Waddington to review. He stated that they
were looking to start servicing the facility in February 2018. Dr. Casson indicated
that he thought this was a great pilot facility and, as it seen how it pans out and what
works and does not work, this would be a great opportunity to expand this initiative.
Mr. Kirby Hudson, Assistant City Manager, asked if those who would be taking
these courses would be well past the business plan stage. Responding, Dr. Casson
advised that, as part of the process, a review board will determine which companies
are in the best position to take advantage of the space, where clients are with a
business plan, and things of that nature. He noted that they would be looking to see
how they can extend participants’ capabilities and knowledge sets, specifically as
they pertain to small business taxes, marketing, business expansion-type techniques,
how to close deals, and other types of workshops.
Responding to Mr. Dave Hugg, Acting Director of Planning and Community
Development, Dr. Casson stated that it was written into the current by-laws that
those who utilize the space have to register for the course work. He noted that the
course work has to be defined. Mr. Hugg indicated that he thought this was critical,
and Dr. Casson agreed, noting that the initiative is a great extension to Kent County
Open for Business, since it is open not only to tenants of the incubator but also to the
general public. He stated that there would potentially be registration across the
board, not only in the City of Dover and Kent County but further down.
Mr. Hugg noted that one (1) of the things that had been heard in various meetings
was that technical assistance in a variety of forms is one (1) of the most significant
gaps for businesses that are looking to expand, and there is a need for ways to get
assistance to them, whether tied to an incubator or in some other form. Dr. Casson
indicated that this gap happens across the board in many areas and is always about
coordination. He noted that DSU’s upper-level marketing course and MBA graduate
marketing course are prime examples of how the University can leverage what it is
doing and vice versa. Dr. Casson advised that the professor requires students to
work with local or not-so-local businesses and support their marketing plan
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development. He stated that this is not currently coordinated, so with an incubator
in Kent County and in the City of Dover, these efforts can be coordinated so they can
target businesses here and create a greater impact for the local economy. Dr. Casson
advised that this would not only further the plan to facilitate the workshops but also
allow DSU’s MBA and upper-level students and faculty to support participants in the
actual implementation of marketing plans, business tax, and accounting practices.
Ms. Evans expressed her understanding that the incubator would be looking at
businesses that are already established. She noted that feedback had been heard that
people do not even know how to get to that step and do not know what plans are
available to help them within the City, County, and the State, such as what kind of
rebates they can get and how to go about this. Ms. Evans asked if the incubator
would provide services at this level or past it. In response, Dr. Casson stated that the
University of Delaware (UD) is offering intro business development course work for
those businesses who do not have experience pertaining to what networks to touch
and the processes and steps involved in starting a business through the SBCD, which
is based at UD. He stated that he was uncertain about the frequency of this course.
Ms. Evans asked if UD has the same type of incubator or if they refer people to the
program Dr. Casson was describing. She asked if someone who starts at the intro
level at UD can move on at UD and why they would move to this program.
Responding, Dr. Casson explained that representatives from UD are coming to Dover
to provide the intro business development course for stakeholders here, and this is
the only course that UD provides at the incubator at Kent County Levy Court. He
noted that the SBDC has representatives for Kent and Sussex Counties and
Ms. Danita Thomas will come as the representative. Dr. Casson stated that DSU
would take the next step and go deeper into specific areas of small business
development.
Mr. Hugg asked if Kent County’s Open for Business process was the primary intake
mechanism for the incubator’s clients. Responding, Dr. Casson advised that he
thought this process was a great springboard to attract clients; however, he felt that
they would have to market the incubator’s additional services. He noted that
business services there would be tied not only to the incubator but also to the general
public, which would potentially gain it more steam.
Mr. Herbert Konowitz, Vice Chair, Dover Interfaith Mission for Housing, stated that
he had worked with Mr. Waddington a long time ago on this. Mr. Konowitz noted
that he had also been involved with the SCORE Association for going on 12 years
and had received an email this morning from Ms. Joan Cote, Executive Director,
Downtown Dover Partnership (DDP), who wanted to know how SCORE can help
the City. Mr. Konowitz advised that this could all be tied together, noting that he
could lead his clients to the incubator.
Dr. Casson stated that some of the internal conversations at the College of Business
as well as those with Mr. Waddington, had involved a team teaching approach and
working with the Central Delaware Chamber of Commerce (CDCC). He explained,
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for example, that a small business tax course could include experts in housing who
could team teach with a local business owner or expert in the area to provide more
applied knowledge and insight to clients.
Mr. Konowitz noted that Mr. Frank DeSantis, a SCORE counselor who ran the
incubator for the New Castle Chamber of Commerce for approximately four (4) or
five (5) years, had recently retired and was available. Dr. Casson stated that he had
spoken to Mr. DeSantis. Mr. Konowitz advised that there are some talented people
who would be involved.
Mr. Hudson indicated that he had thought that the incubator would be the next step
for those who had already passed through a litmus test and had a business plan;
however, it appeared that it would start from the very beginning and was for anyone
who wanted to go into business for themselves. Dr. Casson stated that entrepreneurs
would be vetted for their viability or ability to move into the incubator space, noting
that there is a threshold to receive consideration for this. He explained that one (1)
potential client had spoken to him but was not quite ready, in the opinion of the
counselor he worked with, to move into the space, possibly because of revenues or
an inadequate business plan. Dr. Casson advised that there is a track for those who
are being considered for the amenity of having space and also a track for individuals
who are just starting their journey and will begin with the SBDC course offered by
UD. Dr. Casson indicated that the courses offered by DSU would be more in line
with the tenets of the incubator or could be for any other entrepreneur who may deem
them fruitful, regardless of where they are in the process. He stated that someone
coming in may not have started their business plan and may want to sit for a business
tax course, and there would not necessarily be a prerequisite since they had not yet
discussed prerequisite skills for sitting for a business tax course or workshop being
offered.
Responding to Mr. Hudson, Dr. Casson advised that the courses would be free.
Mr. Hare asked if people wanting to start a business would get a space in the
incubator. Responding, Dr. Casson stated that space would be provided to those who
have some traction in their current business. He explained that the space would
allow these individuals to have some legitimacy as a business, noting that it would
provide a location to work from, to bring clients that they are trying to court, and to
use as a conference area. Dr. Casson noted that the incubator would have wi-fi and
xerox machines.
Mr. Hare stated his understanding that the incubator would be for those who have a
business with no storefront and need an office and a place to set up shop. In
response, Dr. Casson noted that they would have access to services and business
education. Responding to Mr. Hare, Dr. Casson stated that DSU no longer had the
Minority and Small Business Entrepreneurial Course (MSBEC) that Mr. Hare had
previously taught in. Mr. Hare explained that participants in this program were
taught how to write a business plan, start a business, and everything they needed to
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start a business. He indicated that it did not include having 10 businesses in the same
area.
Dr. Casson explained, for example, that two (2) weeks ago he had a conversation
with a friend who does taxes for small businesses and has a client with a janitorial
service in Dover. He indicated that the cheapest office space this gentleman was able
to find was approximately $400, not including phone, internet, wi-fi, etc. Dr. Casson
informed him of the incubator, and he saw this as a viable possibility since he could
not continue to work out of his home because it was not efficient. He noted that this
businessman’s accountant was asking why he should move into another facility;
however, it was a question of the viability and legitimacy of the company.
Dr. Casson stated that it is hard to pass up the incubator’s amenities that are offered
at a discounted rate, such as space for as low as $75 per month, $10 for a business’s
own phone line inclusive of wi-fi, and access to the conference, training, and break
rooms. Mr. Konowitz stated that this is a real bargain. Responding to Mr. Hudson,
Dr. Casson stated that clients could receive their mail there as well. Ms. Evans noted
that a class on how to start a business was being offered every month; therefore, they
are starting at the very entry level.
Ms. Evans asked what Dr. Casson wanted from the Committee and if he just wanted
to make sure that members were aware and would push people toward the platform.
Responding, Dr. Casson explained that he initially engaged the Committee when
DSU was looking at an incubator for the City, potentially downtown. He advised
that, at that point, there had been conversation around what the County was doing
and potentially leveraging that partnership and the traction that they already had.
Dr. Casson noted that it was agreed that he would move forward in speaking further
with Mr. Waddington about where Kent County was in the process and potentially
partnering. He indicated that he had come back to report to members where they
were in the process.
Mr. Konowitz noted that it would be very important to get people in initially to get
the program moving because they do not have anyone yet.
Dr. Casson stated, in regard to the cost, that the University Center is funded through
U. S. Commerce and the funding to pay the instructors will come through the
University. Ms. Evans thanked Dr. Casson for his support.
Responding to Mr. Hudson regarding the maximum number of people the incubator
could hold, Dr. Casson noted that the training area was large. Ms. Evans stated her
understanding that the number would depend on how much space each person is
taking, noting that spaces are $75 up to $225. Dr. Casson indicated that the number
would be determined by the configuration and how many $75 spaces and how many
$225 spaces are taken, since there are cubicles.
Mr. Konowitz noted that the County was anxious to get people in this space, which
had been vacant for quite a while, and this is why they were moving forward.
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Ms. Evans noted that the space had been vacant since March of 2016 when part of
County’s recreation center moved to New Burton Road.
Mayor Christiansen asked Dr. Casson to keep members informed.
Business Incentives for Hiring the Homeless (Herb Konowitz)
Mr. Herbert Konowitz, Vice Chair, Dover Interfaith Mission for Housing (DIMH),
provided a handout of a Diagram of the Adapted 8 level Hierarchy of Needs based
on Maslow’s theory. He explained that the diagram reflected all the things involved
in getting someone’s act together if they are homeless. Mr. Konowitz advised that
people who are homeless have to start at the bottom of the hierarchy and work
upwards. He also provided an advertisement for DIMH, noting that this
advertisement had been run for the last two (2) days in the Delaware States News and
explained everything that DIMH is presently doing.
Mr. Konowitz indicated that the big problems in hiring the homeless are their
baggage and lack of education. He noted that DIMH has a number of people that do
not even have their GED, which has to be addressed so that they can be hired, and
some of these men cannot even write their own names.
Mr. Konowitz advised that DIMH had started an organization with eight (8) men
whose job was to go around town picking up weeds that were generated from a lot
of rain, and this was done at the request of Mrs. Donna Mitchell, Acting City
Manager. Mr. Konowitz explained that it was worked out that DIMH would put
these individuals on the payroll on the basis of $10 per hour without taxes,
everything was legitimate, and the City paid the shelter. He indicated that everyone
was satisfied with this approach; however, the City ran out of funds because the
project was not budgeted.
Mr. Konowitz explained that, if this type of work was to be done by DIMH in the
future, it would have to be done by contract and be a permanent situation. He
indicated that they had previously run into some serious problems because his men
were ready to go to work and the individual who was in charge for the City had
canceled the day’s work because he had meetings. Mr. Konowitz explained that his
people are interested in going to work and working as close as possible to a 40-hour
week. He noted that this could be a tremendous boon to the City because DIMH
would pay $10 per hour and take care of all the taxes, etc. and DIMH might be able
to fill the left when Mr. William Cooper, former Superintendent of the Grounds
Department, left the City. Mr. Konowitz stated that he has a lot of people who really
want to go to work. He advised that 60% of their men are coming out of prison for
a myriad of reasons and the shelter’s recidivism rate is less than 5%, whereas the
State’s rate is over 70%. Mr. Konowitz explained that DIMH works with these men
and turns them around, noting that they are ready to go to work and want to get their
feet on the ground. He indicated that DIMH can offer workshops given by SCORE
as an incentive. He noted that there are three (3) primary workshops that would
probably be tied in with the Kent County education program, explaining that these
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workshops include start-up and basic concepts for those who want to be
entrepreneurs as well as business idea assessment. Mr. Konowitz stated that
individuals can sign up for the workshops online and must pay; however, there will
be no charge if they go through him and his two (2) counselors. He noted that they
could put these men in a workshop situation and from there possibly get them
involved with the Kent County program.
Mr. Konowitz informed members that a number of years ago, he and
Mr. Eddie Perez, former City of Dover Downtown Coordinator, put together a
program of workshops at City Hall, Mr. Perez contacted the people in the downtown
area, and on the first night two (2) people came. Mr. Konowitz advised that there is
a problem getting people into such programs and those who say they are going to
come do not show up. He stated that he did not know if people are interested;
however, the men at the shelter are definitely interested in going to work.
Mr. Hare stated that when you reach out to employers in town and find jobs for
individuals, they do not show up, and when you go back to these employers, they
refuse, stating that the individuals will not show up again. Mr. Konowitz advised
that DIMH does not have that problem because the men are living under the shelter’s
domain. He explained that if DIMH knows that their clients have jobs, they get them
out of bed, and these individuals go to work.
Ms. Evans stated that, looking at the newspaper, it seemed there were construction
and hands-on jobs which sounded perfect for these men. She asked if there were
transportation or other problems. Responding, Mr. Konowitz stated that
transportation is a terrible thing.
Mr. Hare advised that there had been jobs within walking distance of the shelter at
Westside Car Wash. Mr. Konowitz indicated that he had two (2) men working there
right now. Mr. Hare stated that some people had started working, but half of the time
they did not show up. He explained that he had gotten a job for an individual at
McDonald’s for $10 per hour, 50 hours per week, a free meal; however, this
individual stated that he was not going to work for McDonald’s. Responding to
Ms. Evans, Mr. Hare stated that he thought that benefits might have been offered by
McDonald’s after a time. He indicated that there may be some very good
individuals; however, there are some who do not want to work, and Mr. Konowitz
stated that there is no question about that.
Mr. Konowitz advised that DIMH’s procedure is to give men 30 days to prove that
they really want to get a job, and those who sit around and do not want to are put out
immediately. He indicated that DIMH helps those who are looking for a job to find
one. Mr. Konowitz noted that the average stay in the shelter used to be 90 days but
had been reduced to 52 days. He explained that clients who are established in a job
hook up with someone else in the shelter and DIMH moves them into an apartment,
and this approach was working.
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Ms. Evans asked what DIMH needed from the Committee. Responding,
Mr. Konowitz indicated that he needed to possibly work with the City to employ
some of these men doing menial jobs. Mr. Hudson noted that the City is not a social
service agency and asked what Mr. Konowitz thought the City could do to help.
Mr. Konowitz suggested there may be opportunities in the area that they had
previously started on, such as picking up weeds, etc. He stated that, according to
Mrs. Mitchell, there are a lot of jobs that could be done and she had mentioned
painting curbs, which are in terrible shape now.
Mr. Hudson stated that there are a lot of maintenance-type things that could be done;
however, the problem he foresaw is that most of this is work is unionized. He
indicated that, when talking about Public Works or code-related work, there are some
people who would say that the City is taking away union jobs and question why the
City is doing this type of hiring instead of hiring another staff person. Mr. Konowitz
stated that this was not the case with the weed situation, which was done as an
outside contractor.
Mayor Christiansen asked what the ramifications of hiring would be and if private
contracting is a good model. Responding, Mrs. Kim Hawkins, Human Resources
Director, stated that the City’s workforce is 85% unionized, and if the DIMH men
come on board in regular positions, the union would say that this is work that the
union does. She stated her understanding that the gentlemen who were with the City
during the summer months worked on a temporary, short-lived, contract basis.
Mrs. Hawkins advised that when someone is with the City for only for a short term
and the contract is done, it is easy to defend this to the union. She indicated that
someone who is brought on board as a regular employee would have to go through
the entire recruitment process.
Responding to Mayor Christiansen, Mr. Konowitz stated that the program he was
presenting would be as an outside contractor. In response to Mrs. Hawkins,
Mr. Konowitz indicated that the work could be for a defined period of time. He
explained that the problem they had when they were previously involved was that
it was not a defined period. Mr. Konowitz stated that the City wanted DIMH to do
the job and cover the entire City, they got into the project, and everybody was
satisfied; however, after about six (6) or seven (7) weeks, the program ran out of
money. He advised that it was explained to him that the City had used money that
was initially supposed to be used for landscaping. Responding to Mrs. Hawkins, Mr.
Konowitz indicated that he was unsure if this was for doing the flowers or other
landscaping.
Ms. Evans indicated that it did not sound like this type of short-term work would be
an option for DIMH men. She noted that they would not be put to work on a
permanent basis, which would allow them to move on and get out on their own.
Ms. Evans stated that it seemed more beneficial to build toward getting them placed
and linked with the Delaware Transit Corporation (DART), if transportation is a
problem. She noted that even if they were placed with the City in the spring due to
the weeds that were growing again, this would only be for the short term.
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Mrs. Hawkins stated that the only benefit she could see would be that the men would
be gaining experience, which always looks good on a resume. She noted that if the
gentlemen are reporting to work and get a three-week experience, hopefully they
would learn something from City crews and not just be pulling weeds. Mrs. Evans
stated that this could be landscaping experience. Mrs. Hawkins indicated that this
type of experience could show that someone was diligent, reported to work on a 100-
degree day, showed effort, and came every day.
Mr. Konowitz advised that if the work time frame was predetermined, whether for
three (3) or five (5) weeks, participants would realize that this is the job, rather than
being led to believe that it was going to be longer.
Referring to the DIMH advertisement, Mr. Hudson noted that it stated that DIMH’s
funding is very limited and they are looking for pledges of $1,000 annually.
Responding to Mr. Hudson, Mr. Konowitz stated that DIMH needs $50,000 to
sustain itself until the end of the year. He advised that DIMH receives $13,000 per
year from the State and does not receive funding from the County on a regular basis.
He noted that they had asked the County for funds.
Ms. Evans advised that DIMH had been going along for years and asked if they had
lost something. Responding, Mr. Konowitz indicated that they had lost a $300,000
federal grant for re-entry. He stated that DIMH had used the grant, knowing that it
was going to be over at this period of time, and they cannot reapply for this grant
once it is over. Mr. Konowitz advised that they had applied for approximately 22
grants that were starting to come in now; however, grants are few and far between.
Mr. Hudson asked if it would be prudent for DIMH to establish its own business and
employ these people if everything DIMH is trying to do has a labor flavor to it. He
suggested using some of the funding to obtain a small bus or some vehicles.
Mr. Konowitz indicated that this was not a problem and they could do this.
Mr. Hudson advised that DIMH could be the subcontractor and, for example, cut
grass for the school district or parks that the City cannot get to. He stated that a
number of things could be done, noting that he had heard that landscapers sometimes
have business that they cannot get to. Mr. Konowitz advised that DIMH is set up to
work with landscapers and has a number of men who are trained in this field. He
noted that the men are independent contractors who are paid directly, and DIMH
does not enter into this, except to make the contact and make sure that the men go
to work.
Mr. Hudson asked if it would be the responsibility of DIMH to help these individuals
obtain their paperwork for W2s, etc. Responding, Mr. Konowitz stated that most
people pay these individuals under the table, which he was trying to get away from.
Ms. Evans stated that DIMH could contract with companies that would pay DIMH,
who would in turn pay the individuals. Mr. Konowitz indicated that they had not
done this.
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Mayor Christiansen asked whether there is a maximum time period for which the
City could have an independent contractor once they sign a contract. Responding,
Mrs. Hawkins stated that there are several definitions in the labor agreement that
allow the City to contract out for an independent contractor, such as for efficiency
and economics. She explained that these individuals would not be paid by the City
of Dover. Mrs. Hawkins indicated that she envisioned using same type of agreement
that they had previously, stating her belief that the men were paid $10 per hour and
the City was charged $15 per hour. Mr. Konowitz stated that the rate was $14 per
hour. Mrs. Hawkins noted that the City currently has mowing contractors.
Mayor Christiansen asked if this was doable and if there are parameters in place for
the sake of the City as well as the independent contractors. Responding,
Mrs. Hawkins indicated that she was not the expert that could speak to this because
the positions being discussed fall under Mrs. Sharon Duca, Public Works
Director/City Engineer. Mr. Konowitz noted that he had worked with Mrs. Duca.
Mrs. Hawkins noted that comments had been made that a supervisor was not
available since and that maintenance went downhill since Mr. Cooper left, and she
stated that those comments may need to be defended first by Mrs. Duca. She stated
that Mrs. Duca should be involved in the conversation as to the work that can be
done so that when the supervisor is not available, those who are hired as contractors
know what their duty is for the day. Mr. Hawkins advised that typically contractors
bring their own tools, so they would not be coming to the City’s shop in the morning
to get what they need to do their duties. Mrs. Hawkins explained that the City does
not want to get into IRS regulations by controlling what contractors are doing, and
if the City starts controlling what they are doing, they would then be employees.
Mr. Hudson advised that he had discussed with Mrs. Mitchell and Ms. Margery Cyr,
Library Director and Director of Parks and Recreation, that it is difficult for the
Public Works Department to maintain parks so that they look pristine rather than
unkempt, especially when staff is low. He stated that there had been past discussion
regarding whether a separate group, not necessarily under Public Works, should be
charged with maintaining the parks.
Mr. Konowitz noted that Council President Slavin and Ms. Shelly Cecchett had
involved him in something along those lines regarding a property on Route 13 and
Martin Luther King Boulevard in front of the tire company. Mayor Christiansen
advised that this was part of the Route 13 beautification. Mr. Konowitz stated noted
that the contract was going to be up at the end of October and the idea was for him
to take over the project. He explained that they had been talking about putting in
water for sprinklers, lights, etc., there was a meeting with Delaware Department of
Transportation (DelDOT), and nothing happened. Responding to Ms. Evans,
Mayor Christiansen stated that the Greater Kent Committee owns this property.
Mr. Hare noted that DIMH has an executive director, house manager, two (2) case
managers, and evening and night supervisors. Responding to Mr. Hare,
Mr. Konowitz advised that DIMH has seven (7) paid employees and everyone else
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is a volunteer. He stated that their total operating expenses are $300,000 per year,
approximately half of which is payroll.
Mayor Christiansen thanked Mr. Konowitz for the presentation and suggested that
he sit down with Mrs. Duca and Mrs. Mitchell and review the previous work that
was done and what the needs might be for budget purposes in the spring.
Mr. Hudson stated that he appreciated what DIMH was trying to do and suggested
that they become their own business as part of their program. He advised that this
is not something that would happen overnight, but if they have their own equipment,
become a contractor, and lend themselves out to do business, this could be a win-win
for everybody. Mr. Hudson advised that DIMH would be paid and nothing would
really be coming out of the City, and he noted that a lot of work is needed.
Mr. Konowitz asked what the possibility was of bidding on a City contract.
Responding, Mr. Hudson stated that this would be a public bid. He indicated that in
many cases there is a list of people who have asked to be notified and DIMH would
be competing with everybody else. Mr. Konowitz advised that DIMH would be
interested in this. Mr. Hudson stated that they would need equipment such as safety
gear, goggles, gloves, machinery, etc., as well as insurance in case someone gets
hurt. Mr. Konowitz stated that DIMH has $3,000,000 worth of liability insurance.
Mr. Hudson stated that he thought this approach would work and that there may be
more people who want to help DIMH buy equipment as opposed to giving them
money to pay individuals.
Responding to Mrs. Hawkins, Mr. Konowitz stated that DIMH deals only with
gentlemen. He explained that approximately 60% of them are coming out of prison
and the other 40% are from broken marriages, etc.
Mrs. Hawkins asked if most of these gentlemen were considered unskilled or if some
of them had been, for example, electricians. In response, Mr. Konowitz stated that
they do not have a lot of skilled men; however, they had obtained a job for one (1)
of their clients, who is certified in HVAC, at Allen Harim in Harbeson starting at $28
an hour. He noted that another individual works at a portable shed business in
Milford, noting that DIMH has some very talented people.
Mrs. Hawkins stated that alcohol had ruined the life of a gentleman who worked for
the City years ago, ended up in prison with DUI’s, and then went to DIMH. She
explained that he was sorry for what he had done in life and was now successful.
Mrs. Hawkins noted that another current City employee had been incarcerated but
was now one (1) of the City’s hardest workers.
Mr. Konowitz stated that DIMH has people living in their transition house. He
advised that a number of their clients are sex offenders, noting that sex offenders are
on tiers one (1) through five (5). Mr. Konowitz cited the example of one (1) such
individual who was placed in as a custodian and DIMH was told that he was one of
the best workers that the secretary at his place of employment had ever seen had ever
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seen. He noted that these are second chances for many of these people.
Mr. Konowitz advised that they also have many people with alcohol problems and
drug problems and there is no place in the area to send them.
Mrs. Evans stated that many of those who are incarcerated do not come out of prison
clean. Mr. Konowitz advised that he has 14 people living in three (3) transition
houses and would stake his life on these individuals. Responding to Ms. Hawkins,
Mr. Konowitz explained that those who have proven themselves over the 52 days
that they spent in the shelter can move into the transition house if there is a space
available. He noted that they must pay rent of $500 to $600 per month, supply their
own food, and are on their own. Mr. Konowitz stated that some are still on
probation. He advised that one (1) resident who is close to 60 years old had been
with them for nine (9) years and was very happy because DIMH had just gotten him
off probation.
Mayor Christiansen stated that he encouraged Mr. Konowitz to talk to Mrs. Mitchell
and the Public Works Department regarding the scope the City is working with and
the equipment. Mayor Christiansen stated that he had told Mr. Konowitz that he
would give him a weedeater and a blower and would follow through on this.
By consent agenda, Mr. Lewis moved for acceptance of the Economic Development Committee
Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
CO UN C I L C O M M I T T E E O F T H E W H O L E R E P O RT -
DECEMBER 12, 2017
The Council Committee of the Whole met on December 12, 2017 at 6:04 p.m., with
Council President Slavin presiding. Members of Council present were
Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce, and
Mr. Lindell. Mr. Hare was absent. Mayor Christiansen was also present (departed
at 6:22 p.m.). Civilian members present for their Committee meetings were
Mr. Shevock (Legislative, Finance, and Administration), and Mr. Caldwell and
Dr. Warfield (Parks, Recreation, and Community Enhancement). Dr. Stewart
(Legislative, Finance, and Administration) was absent.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council President
Slavin presiding in the absence of Mr. Hare.
Proposed Food Truck Pilot Program
Mr. Kirby Hudson, Assistant City Manager, advised that the City Manager’s Office
was seeking the support of Council to establish a 30 business day Pilot Mobile Food
Truck Program for the City of Dover. He explained that after the trial, if the Food
Truck Program is successful, the objective would be to make this program
permanent.
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Mr. Hudson stated that, over the past two (2) years, the City of Dover has seen the
development of food truck services operating out of various locations on Route 13
and during special events within the downtown central business district. He
indicated that, currently, there is no City Code or operational oversight allowing a
permanent framework by which food trucks can park on City streets and sell to
Dover’s population and, consequently, food trucks are not permitted to operate on
the public right-of-way on a regular basis. Mr. Hudson noted that, given the large
density of employees and citizens visiting City Hall, the Dover Public Library, the
Post Office, and the various State office buildings in the general area of Loockerman
Street, these food truck vendors would like to be able to gain access to these potential
customers.
Mr. Hudson explained that the Pilot Mobile Food Truck Program would commence
on Monday, January 15, 2018 and end on Friday, February 23, 2018, noting that the
plan is to have (10) ten food trucks located on Loockerman Street, fronting the Dover
Public Library and City Hall area. He indicated that the City would allow food
trucks to provide temporary Food Truck Service Monday through Friday, between
the hours of 8:00 a.m. and 3:00 p.m. Mr. Hudson advised members that these food
vendors will provide food service from pre-designated parking spaces only. Mr.
Hudson stated that the City of Dover Police Department will ensure that signage and
cones will be installed on a daily basis to inform drivers and the general public of
reserved parking spot locations.
Mr. Hudson advised that this pilot program would hopefully give rise to a future
comprehensive Mobile Food Truck Program which would address the issues of
safety, fees, revenue impact, program management and oversight, licensing, site
locations, and enforcement. He noted that the Mobile Food Truck Program is the
culmination of research and conversations centered upon the current “Best Practices”
of the City of Wilmington, with the sole goal of creating a positive Mobile Food
Truck Program in the City of Dover.
Staff recommended approval of a 30 business day Food Truck Pilot Program.
Mr. Hudson introduced Mr. David Sophrin, Policy Analyst, Mayor’s Office, City of
Wilmington. He informed members that he had multiple meetings with Mr. Sophrin
because the food truck program in Wilmington had been a huge success that got
people out of the office and engaged them. Mr. Hudson stated that he thought food
trucks might be a perfect way to stimulate the area in Dover and would also be
perfect for the public.
Mr. Sophrin stated that, about two-and-a-half years ago, Delaware’s growing food
truck community approached the City of Wilmington with a very well-researched
idea to bring food trucks onto the public right-of-way in Wilmington. He advised
that, prior to this, the law did not really outlaw food trucks but, as a practical matter,
never even considered them since laws sometimes take a while to catch up to
changes in business. Mr. Sophrin stated that Wilmington spent seven (7) or eight (8)
months working with food truck operators and their representatives; business people
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and eateries on Market Street, especially downtown; City Council; and the Mayor
to research the best practices in other cities and come up with a concept that would
work for Wilmington. He indicated that the first thing that they realized was that
there was no single best practice. Mr. Sophrin explained that some cities have an
absolute laissez-faire approach, allowing trucks to park wherever they want if they
do not break any traffic laws, and some cities are very restrictive. He noted that
some have outright bans on food trucks or restrict them to very specific parking
spots.
Mr. Sophrin advised that Wilmington eventually came up with a compromise that
worked for City Council and the representatives. He stated that the food trucks
wanted access to the downtown, lunchtime, pedestrian trade. Mr. Sophrin indicated
that, in his opinion, it is a waste of time to try to bring food trucks to an area where
they have no interest. He stated that the food truck vendors were interested in being
in the downtown area; therefore, Wilmington took that general position and
identified four (4) or five (5) spots in the immediate downtown area to give them
access to what they were looking for. Mr. Sophrin advised that the vendors would
pay a set fee, equivalent to the amount that would be paid by putting quarters into a
parking meter all day, and would be given access to the public right-of-way. He
stated that they started with four (4) or five (5) locations and told City Council that
they were creating a pilot program and would keep track of what worked and what
did not. He stated that the Food Truck Association was very helpful, flexible, and
practical throughout the process. Mr. Sophrin indicated that the Association
understood that, while the City of Wilmington wanted food trucks there and was very
excited about it, putting trucks right in front of a restaurant would be unnecessary
and maybe antagonistic, so wonderful middle ground was found that worked out
well.
Mr. Sophrin stated that Wilmington created a licensing system. He noted that there
was no charge for a license, but applicants had to provide documents that they were
already supposed to have, such as a State business license, a health inspection, a fire
inspection, and insurance. Mr. Sophrin explained that if everything was in working
order, the license would be issued and the applicant would be free to sign up. He
advised that Wilmington uses the website of a nationwide company that allows
applicants to sign up and reserve spots online. Mr. Sophrin stated that the food truck
vendors would not be calling City staff and there would be no playing phone tag;
they would receive their licenses for one (1) year, reserve the spots, and pay the daily
fee.
Mr. Sophrin stated that a fair amount of interaction was required with the
departments that were involved, but there was a good deal of enthusiasm. He noted
that a handful of Council members and some restaurateurs were reasonably
concerned about the impact on existing restaurants; however, it was believed that
they had not maxed out the number of people who could come outside in downtown
Wilmington. He advised that plenty of people do not come outside for lunch and
there was a desire to increase that population. Mr. Sophrin indicated that for the last
year and a half there had been a very successful show of people, not just on Market
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Street but also in Rodney Square, and the food trucks, smells, sounds, and music had
provided an atmosphere of positivity. He stated that this had been a place-making
undertaking which had been very effective.
Mr. Sudler asked what the concerns were from existing restaurants downtown and
the pros and cons. In response, Mr. Sophrin stated that the majority of those who
came out were in favor of food trucks, although two (2) or three (3) were concerned
that the trucks could take business away. He explained that a fair amount of research
had been done on this topic and the City of Wilmington gently pushed back on the
idea that this was a zero sum game and that any additional eatery that appears would
mean less consumers for existing restaurants. Mr. Sophrin reiterated that there are
a large number of people in Wilmington who do not come out of their buildings for
lunch, and it was believed that getting them outside, especially those who had
worked there for 10 or 20 years, would allow them to see other existing restaurants
and the increased exposure would be good for all. He noted that, after two (2) years,
the restaurants that raised these reasonable concerns were still in business.
Mr. Sophrin indicated that, to his knowledge, the food trucks had not shut any other
businesses down but had brought very large numbers of people out of the buildings.
He explained that it is more than just an eating experience as there is music, and a
very positive atmosphere is created out of what can be neutral or even negative space
in a city.
Responding to Mr. Polce, Mr. Sophrin stated that the legislation for Wilmington’s
food truck program was from the fall of 2015 and there was a one-year pilot program
with a sunset provision. He advised that the sponsor of the legislation revisited it at
the end of the year and removed the sunset provision, making it effectively
permanent. Mr. Sophrin informed members that the same sponsor has some interest
in exploring whether food trucks can go to other parts of Wilmington as well;
however, the physical spots where they had put signs were currently just downtown.
In response to Mr. Polce, Mr. Sophrin indicated that Wilmington has quantitative
metrics regarding the program, noting that they use a for-profit vendor that created
a business model. He stated that the food trucks had suggested a vendor called
LotMom and parties can sign up once and then reserve spots. Mr. Sophrin noted that
more cities are looking to bring food trucks in but do not want to get involved in the
day-to-day scheduling or field dozens of phone calls with food trucks that may be
vying over one spot or another. Mr. Sophrin advised that the City, district, or vendor
can put forth any restrictions they want, such as only allowing trucks to pick a spot
once per week, not allowing them to pick two (2) days in a row, or not allowing them
to reserve more than three (3) days. He indicated that the vendor can easily pump
out metrics that will indicate which spots have worked and those in which there is
no interest, noting that Wilmington had pulled spots off the street in reaction to those
metrics.
Mr. Anderson asked if locations close to the industrial areas may be opened to food
trucks after the pilot program. He noted that factory shift workers, such as those at
Edgewell or General Foods, have a greater challenge in getting lunch. Responding,
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Mr. Hudson advised that the pilot program was designed to see how things would
work. He stated his understanding that there are currently food trucks at the Silver
Lake complex and by the courthouse. Mr. Hudson stated the desire to concentrate
on the proposed area but anticipated that the program could end up being much
larger.
Mr. Cole asked if there is a concerted effort to get the information out to specific
buildings, noting that there are 300 or 400 people in some of the buildings who never
leave. He stated that he was supportive of the proposal but asked if January 15, 2018
to February 15, 2018 was the best time for the 30-day trial. In response, Mr. Hudson
stated that he had not felt comfortable advertising the program until he knew that
Council would allow it to happen. He explained that he lives in Wilmington and their
program is very successful. Mr. Hudson indicated that he sees people daily at food
trucks, even outside Wilmington city limits going toward New Castle, regardless of
snow or rain, noting that people have to eat regardless of the weather. Mr. Hudson
advised that, in talking with food truck operators, business may taper off a bit but
many have large followings, and he did not anticipate weather being a problem.
Responding to Mr. Slavin, Mr. Hudson stated that he had not communicated the
City’s interest in the food truck pilot program to the owners of existing restaurants
in the downtown area that may be impacted. Mr. Slavin advised that it would be
very important to do this because there will likely be a negative reaction when they
hear about it for the first time when reading the newspaper. He also noted that
Mr. Hudson was proposing to start the program on Martin Luther King Day, which
is a State holiday, and suggested adjusting that date. Mr. Slavin asked that
Mr. Hudson reach out to the Downtown Dover Partnership (DDP) to see if they are
doing a First Friday event in February and suggested extending the time to include
the hours around that First Friday event. He noted that food truck vendors are
typically brought in for First Friday and suggested that Mr. Hudson work with the
DDP.
Mr. Sudler stated, in view of the concerns regarding Martin Luther King Day as well
as getting information out to existing restaurants and receiving feedback from them,
that he would like to see the program approved for 90 days, rather than 30 days.
The Committee recommended approval of the Food Truck Pilot Program for 90
business days.
Mr. Lindell asked if the effective start date could be delayed and set once the
downtown restaurants are notified. Responding, Mr. Slavin stated that members
could ask Mr. Hudson to advise members of the start date once everyone is notified,
and Mr. Hudson stated that he would do so. He indicated that he had not pulled the
dates out of a hat but was waiting for the program to be approved at the next Regular
Council Meeting in January. Mr. Hudson explained that he had wanted to talk to
restauranteurs; however, he had felt that it would be putting the cart before the horse
to do so before obtaining approval.
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During the Council meeting, Councilman Hare, Chair of the Legislative, Finance, and
Administration Committee, moved to postpone the Proposed Food Truck Pilot Program and
refer it back to staff for further review. The motion was seconded by Mr. Sudler and
unanimously carried.
Proposed Ordinance #2017-16 - Amending Appendix B - Zoning, Article 3 -
District Regulations, Section 28 - Traditional Neighborhood Design Zone
(TND), Subsection 28.52 - Neighborhood Commercial District (Fuel Pumps)
Mr. David Hugg, Director of Planning and Community Development, reminded
members that there are at least two (2) ways that text amendments to the zoning
ordinance come before Council. He explained that typically staff works with the
Planning Commission and others to draft an ordinance and requests to bring it
forward for introduction and referral; however, he noted that the Code also provides
a mechanism whereby three (3) or more Council members can request that a matter
be brought forward through sponsorship. Mr. Hugg advised members that Proposed
Ordinance #2017-16 would change the text of the Code as it relates to neighborhood
commercial districts within the Traditional Neighborhood Design Zone (TND). He
stated that the TND was essentially the Eden Hill Farm and the properties that are
south of North Street and east of the new connector road.
Mr. Hugg noted that Proposed Ordinance #2017-16 was not a Planning staff
recommendation but advised that there were representatives present from Pettinaro
Company, the developer of this Neighborhood Commercial District. He asked if
these representatives wanted to make any comments before he deferred to the
members of Council who had asked for the Proposed Ordinance to be introduced.
Mr. Hugg advised that if the Committee is agreeable tonight, the Proposed Ordinance
would be presented to Council during their meeting of January 8, 2018, for a First
Reading and referral to the Planning Commission. He noted that the rest of the
process would follow as normally set forth.
Mr. John Paradee, speaking on behalf of Pettinaro Company, advised that the actual
name of the developer of the Eden Hill property was Eden Hill, LLC. He stated that
it was his belief that this was the only property in Dover that is a TND District.
Mr. Paradee reminded members that the ordinance was written for this property and
was a novel concept at the time. He advised that he had been involved in helping to
draft that ordinance and, as is typically the case as development occurs, things
happen that are not necessarily contemplated at the time an ordinance is drafted. Mr.
Paradee noted that this was such a case. He explained that the ordinance allows
convenience retail stores as a use in the Neighborhood Commercial District and does
not specifically prohibit gas pumps for convenience retail, but it does appear to
prohibit gasoline filling stations for service establishments. Mr. Paradee stated that
as his client has proceeded to develop this property, both with residential and
commercial uses, they have been approached by a number of potential tenants who
have questions about whether or not uses would be possible. Noting that one of the
potential tenants was Wawa, he indicated that if the Proposed Ordinance is
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successful, the developer would be coming to the City with a site plan for a proposed
Wawa.
Mr. Paradee explained that Wawa approached them because they believed, and the
developer agrees, that this would be an ideal location for a Wawa. He stated that the
problem is, as members may know, that most of the convenience stores in the
country simply will not build a new location without gas pumps because their
business model is gasoline, coffee, milk, bread, and cigarettes. Mr. Paradee noted
that those are the things that people are looking for when they pull into a
convenience store and without the gas pumps, it simply does not work. He reminded
members that there is already a Royal Farms directly across the street from the site
where they would propose to place the Wawa in this district. Mr. Paradee stated that
they believe that the use would not be in conflict with the spirit of the TND but that
it would be consistent and very much supported and appreciated by the other
occupants in the District, both commercial and residential. He stated that they
thought it would be very successful.
Mr. Paradee advised members that when he had initially approached Mr. Hugg about
this idea, Mr. Hugg had suggested that if the Code was amended to allow fuel pumps
in the TND, it be made a conditional use. He explained that this would allow the
Planning Commission and the Council to impose conditions designed to tailor the
use for the particular circumstances of the property around it and ensure that, in fact,
the spirit of the TND is observed. Mr. Paradee stated that he thought that this
suggestion made a great deal of sense in this context because obviously, he and his
clients want to make sure that the TND is something that everyone can be proud of
and that nothing is placed in the district that would be inappropriate for any reason.
He explained that the Proposed Ordinance would allow fuel pumps as a conditional
use in the Neighborhood Commercial District.
Mr. Polce stated that he was in support of the Proposed Ordinance since it is a
straightforward matter of fact and something that is good. He noted that this would
be an economic and job developer. Mr. Polce noted that although these would be
jobs earning minimum wage, they would still be jobs. He advised that there was a
safeguard with the conditional use language within the Ordinance and asked his
colleagues to support it as written.
The Committee recommended adoption of Proposed Ordinance #2017-16.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting).
Recommended Procedure for Requesting a Legal Opinion
During their Regular Meeting of November 13, 2017, members of City Council
approved the Council Committee of the Whole/Legislative, Finance, and
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Administration Committee’s recommendation that the City Clerk’s Office develop
a recommended procedure for requesting legal opinions.
Mrs. Traci McDowell, City Clerk, informed members that the recommended
Procedure for Requesting a Legal Opinion sets out how appointees would go about
obtaining a legal opinion or legal advice and is, for the most part, what is currently
followed. She noted that she had reviewed the policy with Mrs. Donna Mitchell,
City Manager. Mrs. McDowell explained that requests from the department heads
who report to Mrs. Mitchell would go through Mrs. Mitchell and then through
Mrs. McDowell to make sure that there is not an existing opinion, and the legal
information that Mrs. Mitchell receives back would come to the City Clerk’s Office
for their permanent records.
Mrs. McDowell advised that Mr. Lindell had suggested that Council members obtain
the concurrence of three (3) members to request a legal opinion or the item would be
placed on an agenda. She noted that this is similar to the current procedure used for
agenda items that will take a lot of staff time. Mrs. McDowell advised that
Mr. William Pepper, Deputy City Solicitor, had advised that he had not worked with
any municipalities that have a good policy in place.
Staff recommended adoption of the Procedure for Requesting a Legal Opinion.
The Committee recommended adoption of the Procedure for Requesting a Legal
Opinion, as recommended by staff.
By consent agenda, Mr. Lewis moved for adoption of the Procedure for Requesting a Legal
Opinion (Exhibit #1), as recommended by the Committee. The motion was seconded by
Mr. Neil and carried by a unanimous roll call vote.
Recommended Procedure for Requesting an Excused Absence
During their Regular Meeting of November 13, 2017, members of City Council
approved the Council Committee of the Whole/Legislative, Finance, and
Administration Committee’s recommendation that the City Clerk’s Office develop
a procedure for Council members to request being excused for absences, with the
level of specificity to be determined by the person requesting it, and that members’
requests be placed on the consent agenda for the next meeting so that an action of
Council grants the excuse.
Mr. Slavin explained that, although the Charter has provisions for unexcused
absences, there is no procedure for notification of an excused absence.
Mrs. Traci McDowell, City Clerk, stated that she had researched codes across the
country and found that many places have provisions for prior notification of excused
absences. She indicated that there had previously been discussion regarding placing
every absence on a consent agenda to be voted on; however, she thought that the
recommended procedure would be a good time saver and cover the absences that
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typically occur. Mrs. McDowell explained that absences that do not fall within the
seven (7) excused absences listed in the recommended procedure would be placed
on a Council agenda. She advised that the procedure references the section of the
Charter that states that a member’s seat is declared forfeited if they fail to attend
three (3) meetings and are unexcused.
Staff recommended adoption of the Procedure for Requesting an Excused Absence.
Mr. Neil moved to recommend adoption of the Procedure for Requesting an Excused
Absence, seconded by Mr. Shevock.
Responding to Mr. Anderson, Mrs. McDowell stated that the proposed procedure
related to excused absences for those meetings that are recognized in the Charter as
Regular Council Meetings. Mr. Slavin noted that those are the only meetings that
members have to be concerned about.
In response to Mr. Lewis, Mr. Slavin stated that absences for military personnel were
spelled out in the procedure under item #6.
The Committee recommended adoption of the Procedure for Requesting an Excused
Absence.
By consent agenda, Mr. Lewis moved for adoption of the Procedure for Requesting an Excused
Absence (Exhibit #2), as recommended by the Committee. The motion was seconded by
Mr. Neil and carried by a unanimous roll call vote.
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairman Sudler presiding.
Community Development Block Grant (CDBG) Program Administration
Funding for Assessment of Fair Housing (AFH) Plan
Mrs. Tracey Harvey, Planner I, informed members that, in accordance with the
applicable statutes and the regulations governing the Consolidated Plan regulations,
the City is required to affirmatively further fair housing and required to submit an
Assessment of Fair Housing (AFH) under the requirements of 24 CFR §5.150
through 5.180. She stated that the Department of Housing and Urban Development
(HUD) has adopted an assessment tool that encourages jurisdictions and public
housing authorities to collaborate regionally and enables collaborators to select a
lead entity and submit the AFH according to the entity’s schedule.
Mrs. Harvey advised that an AFH is due to be submitted to HUD on or before
October 5, 2019 and Delaware State Housing Authority (DSHA) has agreed to be
the lead entity of the Consortium. She noted that, once the Memorandum of
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Understanding (MOU) has been executed by all parties, a Request for Proposals
(RFP) to obtain a consultant to develop a regional AFH and develop a coordinated
regional response to affirmatively further fair housing in each individual jurisdiction
and across the region will be implemented.
Mrs. Harvey advised that the estimated cost of the AFH is approximately $150,000
and DSHA has requested the City to provide financial support in the amount of
$5,000 since the City is a small entitlement community. She noted that the funds for
this project will come from CDBG program income received in October 2017 for
$4,000 from the sales proceeds of a property that received settlement assistance from
the First-time Homebuyers Program, and $1,000 will come from the remaining
balance of the FY 16 Program Administration line item of $13,861. Mrs. Harvey
stated that no funds will be needed from the FY 17 Program Administration line
item.
Staff recommended approval of the funding set-aside for Assessment of Fair Housing
(AFH).
Responding to Mr. Sudler, Mrs. Harvey stated that the DSHA was requesting the
City to provide financial support in the amount of $5,000 for an AFH plan. She
explained that in 2011 the City was required to do an analysis of impediments, and
HUD had now mandated that the City do an AFH as part of the City’s requirement
to affirmatively further fair housing. Mrs. Harvey advised that part of the AFH
would be for the City of Dover but there would be a State-wide assessment as well.
Mr. Sudler asked if DSHA, as a federal and State program, had funding to cover the
$5,000 cost. In response, Mrs. Harvey stated that the total cost of the plan would be
$150,000 and DSHA would be picking up the bulk of the cost. Mr. Sudler asked if
they had justified why they needed the City to pay $5,000. Responding, Mrs. Harvey
explained that the City is required to implement this plan and if the City did so itself,
it would have to pay $150,000. She noted that $5,000 would be cheap compared to
$150,000.
The Committee recommended approval of the funding set-aside for Assessment of
Fair Housing (AFH), as recommended by staff.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Community Development Block Grant (CDBG) Program Semi-Annual Report
Mrs. Tracey Harvey, Planner I, reviewed the Community Development Block Grant
(CDBG) Program Semi-Annual Report.
Mr. Anderson indicated that approximately $30,000 was allocated for CDBG last
year and that $5,000 had just been allowed. He asked if the rest of the unspent funds
were obligated or would be rolled over into the new year. Responding, Mrs. Harvey
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explained that these funds would roll over into the new year. Mr. Anderson asked
if there were issues that prevented the funds from being spent as originally allocated.
Responding, Mrs. Harvey stated that the Homeowner Rehabilitation Program was
the only thing that rolled over from the previous year due to a lack of people in the
City of Dover trying to find eligible properties to rehabilitate. She noted that these
properties must be owner occupied and insurance requirements must also be met.
Mr. Anderson asked if staff, in planning the new items, was taking into account the
Mayor’s Blue Ribbon Panel on Homelessness and how the Panel may affect how
CDBG funds are allocated. In response, Mrs. Harvey explained that the City had
used 15% of its funding to satisfy the needs of the homeless for the past 10 years.
She noted that shelters are a public service activity, and only 15% of the City’s
allocation can be provided to public service activities. Mr. Anderson stated that
some of the Panel’s recommendations fall into other categories and asked if
Mrs. Harvey had reviewed their recommendations. In response, Mrs. Harvey stated
that, at this point, all CDBG funds had been obligated into 2019 because the grants
are multi-year. She indicated that she would not be able to reallocate funding to any
activities in addition to what the City currently has.
Mr. Polce asked if Mrs. Harvey, as the administrator of the grants, provides technical
assistance to any of the organizations with seeking out further grant opportunities.
Responding, Mrs. Harvey explained that most of the grantees receive other grant
funds and federal assistance from other entities. She stated that she does not provide
technical assistance in providing other grants but just monitors sub-recipients.
Mr. Polce asked if, looking forward into 2019, Mrs. Harvey, as the administrator,
was working in conjunction with the Housing Alliance of Delaware or other State-
wide integrated systems to look at some of the strategic points that the City was
hoping to move the needle on. Responding, Mrs. Harvey stated that she is a member
of the Homeless Planning Council and other activities are being sought for future
funding.
Mr. Polce asked if there is public comment regarding Mrs. Harvey’s engagement
efforts regarding where dollars are being allocated. In response, Mrs. Harvey
explained that there is a public hearing every five (5) years when the application
process is opened up. She noted that the public is engaged and welcomed to
comment and decide on the activities that they want to be funded. Mr. Anderson
advised that the funds are vetted through the Parks, Recreation, and Community
Engagement Committee, which sets the priorities in conjunction with Mrs. Harvey.
He indicated that there is an entire process that is voted upon and approved by City
Council.
Mr. Anderson stated that the City has a new opportunity in regard to a grant finder
program through its National League of Cities (NLC) membership. He explained
that this relatively new complete software database of around 8,000 grants is free for
current members. Mr. Anderson advised that he wanted Mrs. Harvey to be aware
that this database exists and is available to the City.
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Mr. Sudler thanked Mrs. Harvey for her rigorous overview.
Review of Active Recreation Area Plan (Request for Cash-in-Lieu) - Multiplex
at 299 College Road (Planning Reference: S-17-28)
Mr. David Hugg, Director of Planning and Community Development, advised that
Article V, Section 10 of the Zoning Ordinance sets forth a number of requirements
for the dedication of open space recreation area and other public facilities for new
developments. He noted that it also recognizes that there are situations where either
the configuration of the land, some other restriction, or just the size of the property
makes it difficult or impossible for actual land area to be set aside. Mr. Hugg
indicated that this typically relates to properties of less than five (5) acres or less than
10 dwelling units, although there are some cases where that number may be slightly
higher.
Mr. Hugg stated that the property at 299 College Road, which is approximately 0.4
acres, is being developed as a multiplex with three (3) dwelling units, and there is no
room available to provide any usable or active recreation. He noted that Article V,
Section 10 allows for a payment in lieu of park land in that context and sets forth the
procedure. Mr. Hugg stated that the applicant has to have a certified appraiser do an
appraisal of the property and the fee is assessed at 10% of the appraised amount. He
indicated that the property had been appraised by Masten Realty LLC for $40,000.
Staff recommended acceptance of the $4,000 cash-in-lieu of recreation area
construction donation, as the amount complies with the requirements of the Zoning
Ordinance.
Mr. Hugg stated that the Planning Commission concurred with staff’s
recommendation.
Responding to Mr. Anderson, Mr. Hugg stated that the money would go into the
Parkland Reserve Fund and would be available for park development, park
maintenance, or other park-related activities throughout the City.
In response to Mr. Neil, Mr. Hugg stated that there were nearby recreational
activities for the occupants of the homes which would be convenient for them to
access.
Mr. Neil moved to recommend acceptance of the $4,000 cash-in-lieu of recreation
area construction donation, as the amount complies with the requirements of the
Zoning Ordinance, as recommended by staff. The motion was seconded by
Mr. Lindell.
Mr. Slavin asked Mr. Hugg to keep an eye on this issue. He stated the desire to be
flexible and use cash-in-lieu as a tool but not for people to be able to buy their way
out of commitments that the City had worked very hard to plan for the community.
Mr. Hugg stated that he agreed and reiterated that the provisions of Section 10
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require an open space commitment above five (5) acres or a certain number of
housing units. He noted that anything beyond that would be a significant deviance
from the requirements and there would have to be an unusual hardship. Mr. Slavin
noted that this could be a slippery slope and Mr. Sudler echoed this concern.
The Committee recommended acceptance of the $4,000 cash-in-lieu of recreation
area construction donation, as the amount complies with the requirements of the
Zoning Ordinance, as recommended by staff.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Proposed Land Swap - City of Dover and Capitol Baptist Church/Mayfair Park
- Application for Approval from National Parks Service
During their Regular Meeting of January 9, 2017, members of City Council approved
the Council Committee of the Whole/Parks, Recreation, and Community
Enhancement Committee’s recommendation to move ahead with the process using
Option 1, that staff come back to the Committee with details at a later meeting, and
that any expenses shall be incurred by the church.
Mr. David Hugg, Director of Planning and Community Development, advised
members that, because federal funds were used to acquire the property, approval
from the National Park Service (NPS) is required, and the Department of Natural
Resources and Environmental Control (DNREC)/Division of Parks and Recreation
will file the application on behalf of the City. Federal regulations require that the
City of Dover, as the applicant, provide an opportunity for public comment prior to
submission of the application to the NPS. No action is required other than providing
for public comment. The actual land swap and an associated matter relating to
reconstruction of the playground will be brought back to Council for final approval
once the NPS approval is received.
Mr. Hugg, referring to the Action Form dated December 1, 2017, noted that the
reference to the Parks, Recreation, and Community Enhancement Committee
meeting of December 13, 2017 was incorrect and that the correct date was
December 13, 2016.
Mr. Hugg stated that the land swap process had been outlined through a number of
discussions with the Capitol Baptist Church and DNREC. He reminded members
that the land was acquired in approximately 1988 with the Federal Land and Water
Conservation Fund but the playground was subsequently developed with State open
space funds. Mr. Hugg advised that, before the City can complete the land swap, the
federal government must be satisfied that the land being exchanged is of equal value
and that the recreation needs will be equally met, if not enhanced.
Mr. Hugg indicated that there had been a meeting with DNREC two (2) weeks ago
and staff had gone through the NPS application process to get them to agree to the
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land swap. He stated that he believed that the City’s actions in December 2016 and
January 2017 had probably satisfied the requirement for public comment; however,
it was suggested that the Parks, Recreation, and Community Enhancement
Committee be asked to open this matter to the public, not in the form of a hearing but
just for public comment, to go along with the application. Mr. Hugg asked that
public comment be invited on this matter and stated that staff would then move the
application forward.
Reverend Terry Moore, 637 Carol Street, Pastor, Capitol Baptist Church, explained
that they had gone through the surrounding community and gotten a petition of many
names of those who were okay with the land swap and the petition would be
submitted with the application. He stated that, in talking to the people in the
surrounding area, they were aware of no resistance to the land swap, other than
perhaps one (1) person who had been at a previous meeting at City Hall.
Responding to Mr. Sudler, Reverend Moore stated that they had not counted the
number of petitioners; however, there were several pages of signatures from Dover
residents and many in outlying areas.
Mr. Anderson stated that he was glad the process was moving forward and thought
the swap would be beneficial. He requested a copy of the petition for the record,
stating that it would help the public comment process, and Reverend Moore indicated
that he would provide it. (City Clerk’s Office Note: Subsequent to the meeting,
Reverend Moore provided the City Clerk’s Office with a copy of the petition in
support of the proposed Mayfair Park land swap between the City of Dover and
Capitol Baptist Church).
Mr. Neil stated his belief that there had been an open hearing at the time this matter
was proposed and that some people had objected; however, the majority approved
of the land swap. He indicated that he was very comfortable with approval of the
swap.
Mr. Lewis attested to Mr. Neil’s comment and noted that he and Mr. Hare had been
present at a community meeting where many of the concerns of the Mayfair
community were addressed. He indicated that this issue was nothing new and he
supported the swap.
Mr. Hugg advised that the next step would be to submit the application to the NPS
through DNREC before the end of the month. He explained that the current
discussion was out of abundance of caution to avoid someone coming back and
saying that there had not been a public meeting. Mr. Hugg indicated that the City
had provided more than adequate opportunity and this would initiate the review, and
hopefully the approval, of the land swap. He stated that in January there would be
a need to approach Senator Bushweller, Representative Lynn, or someone else to
introduce this matter into the General Assembly on behalf of the City to allow the
exchange of the playgrounds, because they were funded by State funds. He advised
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that when that is complete, the matter can be brought to a close. Mr. Hugg noted that
the process was complicated because of the federal funds involved.
Responding to Mr. Anderson, Mr. Hugg indicated that the park is in Representative
Bennett’s district and that this may be the right way to go. He reiterated that, on
behalf of the City, there must be legislative action that states, “We concur with the
exchange of property and the swapping of playgrounds.” He advised that this is a
fairly simple legislative action that is required under State law.
Status Report - Request for Dog Park and Passive Playground - Acorn Farms
During their Regular Meeting of September 25, 2017, members of City Council
approved the Council Committee of the Whole/Parks, Recreation, and Community
Enhancement Committee’s recommendation to accept the petition and letter
submitted by Ms. Mahala Duffy requesting a dog park and passive playground in
Acorn Farms, and referred the matter to Mr. David Hugg.
Mr. David Hugg, Director of Planning and Community Development, advised that
when this item was previously considered, he was also serving as the Parks and
Recreation Director. Referring to his memorandum dated November 16, 2017, he
provided an analysis of the proposal relating to a dog park at Acorn Farms.
Mr. Hugg noted that dog parks had become of some interest in a variety of
communities and there are only a couple that have fully developed dog parks, which
typically have fencing to separate large and small dogs, facilities for water, benches,
shade, etc., and are not just open grass areas where dogs can run. He advised that a
little over an acre was set aside when Acorn Farms was developed in 1992 and noted
that this property is a wedge-shaped parcel. Mr. Hugg stated that, after talking to a
number of people in places like Milford and Newark and doing web research, the
concern that became readily apparent was that parcels that are immediately
surrounded by residential homes in close proximity tend not to be favorable to the
long-term operation of a dog park. He indicated that the Acorn Farms property is on
Acadia Street, has only one (1) access, and there are 14 homes that have immediate
contact with the park.
Mr. Hugg stated that he was not saying that dog parks are not a desirable activity to
be looked at as part of recreation planning in the City, but the staff recommendation
was that this is probably not the appropriate place to develop this kind of facility.
He advised that there was a recent article in the Delaware State News about a dog
park on city-owned land in Little Creek that is bigger than the Acorn Farms property
and has a separate fenced area. Mr. Hugg informed members that it cost about
$35,000 and a lot of free labor to develop the facility in Little Creek. He explained
that the key difference is that it is not immediately adjacent to residential districts
where the activities could constitute a nuisance.
Staff recommended not proceeding with the dog park at Acorn Farms.
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Ms. Mahala Duffy, 104 Teak Court, stated that she is one of the residents that would
be affected. She reminded members that people from at least 12 of the 14 properties
around this area signed a petition that they agreed with having the dog park.
Ms. Duffy advised that the idea for the dog park came from the community and the
whole point was to bring the community together. She stated that Acorn Farms is
a small community, Lexington Glen had just been built behind them, and there are
other communities adjacent to them.
Ms. Duffy explained that the dog park was not to be like Tidbury Park but something
for the people in surrounding communities to establish morale. She advised that this
is an established community, they had swapped out the land in 1992, and she had
been living there for 15 plus years. Ms. Duffy indicated that there are other
opportunities to recoup some of the costs even if they utilize people in the
surrounding areas as members to help create it. She stated that this would be a
members-only type park where people would have to register and a fee would be
assessed for having a dog registered to this area.
Ms. Duffy advised that there had been mention of going to other places as far as
Schutte Park and Dover Park, but those are large areas and this is a smaller, intimate
area. She stated that she agreed with having a fenced-in area so that both smaller and
larger dogs in the area would be able to play. Ms. Duffy explained that this
community has a bunch of dogs and everybody was stating that they were tired of
going to Tidbury or just walking around the neighborhood. She indicated that the
community came together and agreed on the dog park, noting that there were 84
houses in the area, if she was not mistaken, and she had over 50 signatures from
those in the community who agreed to have this park. Ms. Duffy noted that all dog
parks are man-made, so of course everything is not already set and adjustments
would have to be made in order to make this dog park successful. She advised that,
in their community alone, they have medical personnel, City and State employees,
retirees, veterans, teachers, and other respected members of the community.
Ms. Duffy indicated that everybody who comes to the dog park and owners would
be responsible for their dogs, just like anywhere else. She stated that this matter
should be readdressed because she thought it was being looked at as if it were the
Dover City Dog Park and noted that it is more or less a branching of the communities
in the area. Ms. Duffy advised that Mapleton Square has a dog park that is only
about 50 square feet. She explained that they were not looking to fill up the entire
space with a dog park and it would be good for the community.
Responding to Mr. Lewis, Ms. Duffy indicated that the community has a
homeowners’ association. Mr. Lewis asked if the association would be looking to
fund this dog park. In response, Ms. Duffy stated that she would have to discuss this
with them, noting that she did not see that they could not work together to make
something happen.
Mr. Lewis stated that he thought dog parks are good ideas in communities. He noted
that there are sanitation issues and asked what kind of liabilities would come with a
dog park. Responding, Mr. Hugg advised that all dogs under the control of their
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owners are currently allowed in almost all City park areas. He noted that he could
walk his dog at Schutte Park, except on the softball fields and a couple of other
restricted areas, as long as the dog is either under his control or on a leash. Mr. Hugg
indicated that whatever liability extends beyond that is the same as what exists in a
dog park. He explained that someone currently could and may walk their dog on this
particular property as long as it is properly controlled or leashed. Mr. Hugg stated
that the liability from the City’s standpoint is really no different from what the City
already permits. He advised that there would potentially be personal liability if his
dog bit another dog, but this does not involve the City directly.
Mr. Anderson stated that he liked the idea and that the County currently has some
money in their park funds. Responding to Mr. Anderson, Ms. Duffy stated that she
had not approached Kent County Levy Court Commissioner Allen Angel, who is in
that area, or any other commissioners; however, she could look into this or get her
HOA to do so.
In response to Mr. Anderson, Ms. Duffy stated that she would be open to members
tabling this matter until she can do background checks and bring back more
information.
Mr. Lindell stated that he applauded the effort of the community in trying to create
a park and some positivity and to unify the general area. Referring to Mr. Sudler’s
review of all the parks and their condition, Mr. Lindell expressed concern that
members would be adding an additional responsibility when they had not addressed
the core issues in the City’s current parks.
Mr. Neil stated that he would like to see what Ms. Duffy is bringing to the table. He
noted that there had been discussion about fencing, care within the park, and opening
up the park for the use of other areas. Mr. Neil indicated that the community should
be taking responsibility in this and relieving the pressure from the City. He noted
that, as Mr. Lindell had stated, members are looking at everything that is going on
and he was unsure if the City was ready for the dog park yet. Mr. Neil advised that
he was not saying no but was saying not now.
Mr. Slavin expressed his understanding that this piece of land is owned by the City
primarily for open space and it would not be programmed into active recreation,
noting that it has egress issues related to parking and other things. He advised that
if a City dog park is created on the parcel, anyone from the City could park in this
neighborhood, which would create problems. Mr. Slavin asked if the City could
lease the land to the HOA for the purposes of their establishing a dog park and help
them with the one-time fit-out costs. He suggested that they could operate it as an
HOA function, and if they cease to do that it would just become open space again for
the City.
Mr. Hugg stated that he did not know of any limitation or restriction to Mr. Slavin’s
suggestion. He advised that from time to time parcels or parts of parcels, at Schutte
Park for example, had been leased to recreation organizations to run programs and
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did not think there was any reason that this could not happen. Mr. Hugg noted that
he had not been able to find any restrictions in the subdivision or site plan
accompanying this property, explaining that the documents only stated that this piece
of property would be set aside for City park and recreation, and the other small
wedges of property in the community would be the responsibility of the
homeowners’ association.
Mr. Slavin noted that the City would not be vacating its obligation regarding the
property but would simply be partnering with the HOA. Mr. Hugg advised that
appropriate safeguards regarding hours of operation and other potential concerns
could be added if the City chose to do this. Mr. Slavin stated that if the property was
leased as an HOA function, the HOA could limit who uses it without snagging City
issues, and Mr. Hugg concurred.
Mr. Anderson stated that he thought there had been some great suggestions and
wanted everyone to have a chance to consider them.
Mr. Anderson moved to lay this issue on the table, seconded by Mr. Neil.
Mr. Sudler stated that he thought that membership and seeing if the HOA would be
willing to proceed as Mr. Slavin suggested were good ideas. He indicated that he
thought membership would address issues of parking and people coming from other
areas and make the area more private.
The Committee tabled this issue.
Discussion of the Definition and Permissibility of Rooming Houses/Boarding
Houses in the Zoning Ordinance
Mr. David Hugg, Director of Planning and Community Development, advised
members that Mr. Sudler had requested a discussion on the issues of rooming houses
and storage of personal items related to the homeless. He noted that he chairs one
of the working committees of the Mayor’s Blue Ribbon Panel on Homelessness and
was looking at these issues from the standpoint of how to provide things that could
be done quickly and would make the lives of the homeless much more pleasant.
Mr. Hugg indicated that, a number of years ago, the Zoning Ordinance in the City
Code had provisions for rooming houses within the definition of all of the residential
zoning districts. He stated that he was informed that most of those provisions were
deleted or extracted from the Zoning Ordinance as a result of issues that the City was
having with student housing. Mr. Hugg explained that the current language allows
rooming houses in the RM-1 and RM-2 zoning districts. He advised that there is not
a specific definition of a rooming house and the language suggests that it is a place
where up to five (5) people have a room. Mr. Hugg stated that this is interesting
because the definition of family in the Zoning Ordinance is five (5) unrelated people
living together in a single-family dwelling and he was unsure of the distinction
between this and the definition of rooming house. He indicated that if they did not
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want to call a situation a rooming house, a group of people living in an RM-1 or
RM-2 district could call themselves a family of five (5) and essentially operate as if
they were a rooming house. Mr. Hugg stated that the Zoning Ordinance states that
in the RM-1 zone “no building or premises shall be used, and no building or part of
a building shall be erected, which is arranged, intended or designed to be used, in
whole or in part, for any purposes, except the following: (a) Any use permitted in
one-family residence zones; (b) One-family lot-line dwellings, not to exceed one
such dwelling per lot; (c) Duplex dwellings; (d) Multiplex dwellings; (e)
Townhouses; (f) Roominghouses accommodating not more than five roomers.” He
indicated that the uses for the RM-2 zone are the same but include garden
apartments.
Mr. Hugg stated that he had looked at a couple of other zoning ordinances in other
communities and did not find anything that was on point. He indicated that Newark
is very complicated because of all of the student and fraternity housing, etc., that
make it much more cumbersome. Mr. Hugg advised that the National Fire
Prevention Code states that a rooming house “is a building or portion thereof that
does not qualify as a one- or two-family dwelling but that provides sleeping
accommodations for a total of 16 or fewer people on a transient or permanent basis
without personal care services, with or without meals, but without separate cooking
facilities for individual occupants.” He noted that the term “rooming house” is often
used interchangeably with the term “boarding house” and with the term “SRO” or
“single room occupancy.” Mr. Hugg advised that SRO’s are very common in larger
urban areas and are typically old hotels, apartment buildings, or things of that nature
where a large number of people rent a room often on a weekly basis. He explained
that they share common bathrooms and typically do not have any kind of cooking
facilities available to them. Mr. Hugg indicated that the only distinction that he was
able to find is that, where the term boarding house appears in zoning ordinances as
compared to rooming house, a boarding house typically provides some kind of meals
or communal kitchen. He stated that rent for rooming houses is paid either daily or
weekly and they are very much transient housing. Mr. Hugg noted that the only
distinction he found for boarding houses is that they typically have some kind of
management, such as a resident manager, or one of the residents serving as the
“house mother” or “house father,” which was not typically the case in the rooming
houses he had looked at.
Mr. Hugg stated that 100 years ago the rooming house was where young singles,
people with limited incomes, and immigrants lived. He advised that a century ago
a housing type called a rooming house or boarding house was a sustainable, ordinary
part of most communities, particularly larger communities. Mr. Hugg noted that his
grandmother lived in a rooming house when she went to what became Goldey-
Beacom College 100 years ago, and this was not an unusual kind of housing but is
just not prevalent today. He stated that he suspected that the question had arisen in
regard to whether the rooming house or boarding house notion is an option for
addressing the current homeless situation.
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Mr. Hugg explained that the current ordinance does not help a lot because it has the
same “five (5) or less” provision in it, and he had not found a good example
anywhere. He stated that he read one (1) ordinance where rooming houses were
required to have a resident manager and they had to have a fairly specific set of rules;
however, he did not get into the logistics of how to accomplish this.
Mr. Sudler stated that, as a co-sponsor of placing this discussion on the agenda, he
thought that rooming or boarding houses would be a good way to offset the cost of
at least $750 to $850 for a one-bedroom unit, which the homeless cannot afford. He
noted that most individuals who are homeless, or disabled and homeless, receive
checks for $750 if they are partially disabled or $900 if they are fully disabled.
Mr. Sudler explained that he is a rental sales professional for seniors, the
handicapped, and veterans, and had been in this position for over 16 years. He
indicated that he thought this would be a good component to try to offset the cost and
provide immediate housing relief for the homeless as it could be doable and would
not cost the taxpayers an excessive amount of financial hardship. Mr. Sudler stated
that members had recently been discussing land banks; however, rooming or
boarding houses could provide immediate relief rather than relying on implementing
a program that may cost money and this was a good opportunity to explore.
Mr. Slavin advised that he had some concerns, some of which dated back to two (2)
other times during his tenure when this subject was brought before Council, as long
as 13 years ago. He explained that the first time there was an effort to open up the
Code to allow for boarding houses around Wesley College’s campus. Mr. Slavin
advised that this met with widespread opposition because people were worried that
it was something that could not be contained to a certain area of the City and that the
numbers could not be contained well enough. He stated that the second time related
to the longstanding issues that took 10 years to resolve on New Street with the House
of Pride. Mr. Slavin informed members that the House of Pride ran rooming houses
and rented them out on a room-by-room basis to individuals, which led to a series of
problems there, and noted that he would not want the City to go back down that path.
He asked that any discussion of this matter be aligned with the thinking in the
community about the rapid rehousing of homeless. Mr. Slavin advised that he did
not believe that warehousing the homeless is solving the problem of homelessness.
He noted that giving them a place to sleep is a noble effort, but a room without one’s
own bathroom or kitchen is not the kind of home the City is trying to get people into.
Mr. Hugg stated that a discussion had come up in the Mayor’s Blue Ribbon Panel on
Homelessness which was not aimed so much at those who are thought of as homeless
but at the relatively large population of people who cannot afford housing. He noted
that Mr. Sudler had mentioned that many of the people who find themselves in
limiting circumstances could afford $200 or $300 a month as part of a collective
housing solution but cannot afford an apartment or housing of their own.
Mr. Hugg stated that he agreed with Mr. Slavin that this was probably a slippery
slope. He noted that the Oxford House is the epitome of how a group home is run
for up to 10 people; however, this was not really the model. He indicated that, unless
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there is strong management, even in rooming houses with five (5) and fewer people,
there are problems. Mr. Hugg stated that if he owned a single-family house in
Mayfair, he could put five (5) people in it, call it a family, and it would in essence
be a rooming house. He noted that these residents would potentially have individual
rooms, a shared bathroom, and some kitchen facilities. Mr. Hugg advised that this
concern is there, even if the rooming house issue is not addressed. He stated that,
fortunately, there had not been many problems; however, there are Code violations
on a regular basis in rooming houses where four (4) or five (5) people are living
together. Mr. Hugg indicated that he did not have a recommendation, explaining that
staff had just started discussing this matter and trying to find an answer, and he was
unsure whether there is one.
Mr. Anderson stated that he shared the concerns of Mr. Slavin, but also those of
Mr. Sudler because the City had essentially interfered with the free market. He
stated that this interference was costing people their lives, noting that people were
dying on the streets, and it was not a theoretical issue. Mr. Anderson advised that
he knows of people who are disabled and on three- or four-year waiting lists for
subsidized housing. He indicated that it is essential to explore housing and, whether
by reclaiming certain brownfield areas and looking at a planned neighborhood
development of tiny houses or something like rooming or boarding houses, members
must use a market-based solution because there are not enough taxpayer funds to
solve the problem. Mr. Anderson stated the need for solutions where people can use
their own money to take care of themselves.
Mr. Anderson stated that this topic should be explored; however, he wanted to see
insistence on safety and fire codes, etc. He noted that if there are too many people
and it is not managed, a problem could be created which could be damaging and
affect the quality of neighborhood life, which he had seen up close where he lives
and all around. Mr. Anderson indicated that he thought a balance could be reached
and members must explore this because they cannot afford not to. He advised that
there are many people who should not be struggling the way they are, many of whom
are the hidden homeless who are currently overcrowded because they do not have
this opportunity, and are living in tents in the City’s woods and elsewhere. Mr.
Anderson stated that he thought this issue should be pursued in depth, taking into
account safety, some of the other issues, and quality of life. He indicated that he
thought that, with the public, members could reach a consensus.
Mr. Neil advised that members were discussing the total picture of housing in the
state of Delaware, not just in Dover. He stated that the Housing Alliance produces
figures each year about how much it costs to live in an apartment, etc. Mr. Neil
indicated that people who own their own homes and live on leased land are now
being purchased out by out-of-state companies because they are commodities and
have low income, seniors in particular because they are a source of money and
self-filling ATM machines. He stated that the headlines in the News-Journal the
other day stated that the leased land community in Sussex is $100 per month.
Mr. Neil explained that Wild Meadows was purchased for $16M, they want $45 per
month to live, and the seniors there own their own homes but are going to lose them
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and will not be able to pay. He advised that the same company that bought Wild
Meadows purchased 786 homes in New Castle County in Murray Manor, which are
old fashioned, trailer park type homes, yet they want $35 per month. Mr. Neil noted
that the total amount of money going out of the local economy from just these three
(3) communities is nearly $3M per year. He asked where these people would be put
and noted that this is affecting everybody in the State, including those who have nice
homes along State Street and are concerned about what is going to happen in their
community when the City has rooming houses. Mr. Neil advised that the City has
problems with people in apartment houses who are not controlled or taken out. He
stated that he would like individual ownership which is why he supports Habitat for
Humanity. Mr. Neil indicated that this affects the affordability of housing. He noted
that when someone has to pay $100 more just to keep their house and will be paying
close to $1,000 a month, this is a problem, because even people who are not being
subsidized by the taxpayers are being affected by the cost of housing, which is
going up.
Mr. Neil stated the need to be careful not to destroy neighborhoods, the value of
homes, and the quality of life of the people by having rooming houses. He asked
how the City was going to have fair housing, noting that members had discussed the
$5,000 funding for the Assessment of Fair Housing Plan earlier in the meeting.
Mr. Neil advised that this is not an easy thing and would not be solved this evening,
explaining that it would take serious thought and members would need to ensure that
they do what they believe has to be done socially if they are going to put out places
where rooming houses will be allowed. Mr. Neil noted that humanity says that this
has to be done; however, there is a need to be careful regarding what is done and
how it is done.
Mr. Sudler stated that he thought that the main concern was providing affordable
housing for those who can only afford a certain amount rather than housing all the
homeless. He noted that some residents own homes that have acres of woods behind
them and his family, for example, had dealt with people walking in their woods the
previous day looking to set up tents, gather metal, or go “junking” to get income.
Mr. Sudler advised that this was becoming a very alarming concern, noting that there
are tents and homeless people in the woods on State College Road past the bridge.
He advised that if it is said “not here” and “not there,” eventually the homeless will
be everywhere, noting that they are already in his backyard and will be in the
backyards of others. Mr. Sudler indicated that, as local officials, members should do
what is in their power and have the advantage of being able to set guidelines and put
forth restrictions to help monitor and maintain order. He stated that this is the power
that members had been given through the people that he thought they sometimes fail
to exercise, noting that he was not pointing the finger at anyone or saying they are
right or wrong. Mr. Sudler asked that members take some time, as Mr. Neil
suggested, to think about this, stating that it would not be resolved tonight but would
eventually have to be resolved by current or future members who are elected. He
noted that today helps to plan for tomorrow.
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Mr. Sudler stated that he would like to place further discussion on the agenda in the
near future. He advised that he and Mr. Hugg would be working together on this
matter and invited Council members to join them. Mr. Sudler noted that Mr. Polce,
Mr. Lewis, and Dr. Warfield had indicated that they would like to work with them
as well.
Mr. Hugg stated that his subcommittee of the Mayor’s Blue Ribbon Panel on
Homelessness had been meeting approximately every two (2) weeks and planned to
meet on Thursday, December 14, 2017 at 3:00 p.m. in the library and he would send
out a notice. Mr. Hugg indicated that so far the subcommittee’s discussion had been
very much like the current discussion. He advised that there is a problem with no
real, obvious solution; however, they are trying to get some understanding, and the
more people that participate, the better.
Discussion of the Availability of Storage Lockers for Homeless Individuals
Mr. David Hugg, Director of Planning and Community Development, advised that
some homeless individuals had come to a meeting and, following the meeting, a
homeless gentleman came up to him stating that he had a job and was making some
money but not a lot, can get back and forth, is comfortable in his tent, and knows
where he can sleep most nights. Mr. Hugg advised that this gentleman indicated that
his problem is that everything he owns is on his back, so he goes to work with a
backpack, a tent, a sleeping bag, etc., strapped to himself because he cannot leave
them anywhere. He indicated that if he goes to the drugstore to get a prescription,
he is fearful of being mugged because he has no safe place for his items.
Mr. Hugg advised that he had never thought about this issue and that the common
perception of a homeless person is someone pushing a cart or walking down the
street with everything strapped on them. He noted that this is a serious issue, and the
gentleman had made the point that if there was a way to solve this problem, he would
not be looking to anybody else to take care of his needs.
Mr. Hugg informed members that the YMCA is remodeling their locker rooms and
offered the old lockers to Dover Interfaith Mission for Housing (DIMH). He stated
that the question was where to put the lockers and that perhaps something could be
done to address the problem of storage for the homeless. Mr. Hugg advised that he
had reached out to the Police Chief, who stated that it was a great idea; however, he
questioned where the lockers would be put and who would make sure that they are
secure. Mr. Hugg stated that, as he had gotten involved in the issues of
homelessness, some of the solutions to addressing the problems were as simple as
giving somebody a place to store their goods, rather than things like building
rooming houses.
Mr. Slavin stated that it was his understanding that this matter related to the need to
provide storage lockers for people who want to remain homeless, noting that there
is a certain population of homeless who do not want to come in. He indicated that
he was struggling with why this would be a government function. Mr. Slavin
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advised that the issue would not be just whether the lockers are secure but also
whether the contents are legal or subject to search. He noted that the phrase
“slippery slope” had been used and expressed his hope that the availability of free,
old lockers would not have the City government backing into an issue that is rife
with civil liberty and public safety issues. Mr. Slavin stated that certain people who
may not be homeless would have the ability to use the lockers and asked how
someone would prove that they are homeless since there is no identification that they
would carry. He indicated that someone could use a locker if they saw it as a hole
in the security system that could provide a safe place to hide stolen merchandise,
drugs, guns, and perhaps explosive things. Mr. Slavin advised that he did not
understand why members would want to go down the path of creating a solution that
does not help to reduce homelessness. He expressed the desire not to increase
homelessness or make it easier to be homeless. Mr. Slavin indicated that he did not
want to make things harder on people who are homeless but did not think that some
of the services provided are an incentive to getting out of homelessness. He
cautioned against creating more infrastructure for people to stay homeless.
Mr. Polce thanked Mr. Hugg for bringing up this issue and stated that he thought
there was a lot of merit to the conversation. He indicated that he planned to attend
Mr. Hugg’s subcommittee of the Mayor’s Blue Ribbon Panel on Homelessness
meeting on December 14, 2017. Mr. Polce advised that he thought these
conversations are very important and that Dover could look at what other cities
around the nation are doing. He noted that Denver has a comprehensive locker
exchange program and there are critical components, such as being geographically
located in a central hub. Mr. Polce explained that they look at the Centers for
Disease Control and Prevention (CDC) track level data, identify a hot spot where the
homeless typically gather, and implement lockers there. He noted that this is a data
set and information that the City does not have right now and would have to collect.
Mr. Polce explained that it would be important for Dover to capture the process,
noting that in Denver, before an individual receives a lock to secure their belongings,
they must sit down with what they have established as a community resource center
and go through an inventory of the belongings during a one-hour consultation. He
noted that DIMH currently has a resource center. Mr. Polce explained that the
individuals secure a locker and, more importantly, are getting many resources, such
as the Department of Labor, local business owners who have partnered with the local
resource center to employ homeless individuals, literacy on financial management,
and tangible things that would hopefully guide them on a path from homelessness to
home ownership or some form in between. Mr. Polce indicated that in Delaware
about 83% of the homeless population are comorbid, meaning that they have both
a mental health and a behavioral health issue. He stated that the inventory of the
belongings ultimately ensures that no bad things are going in. Mr. Polce noted that
this would still open up massive legal implications, as Mr. Slavin had alluded to,
from sources like the ACLU. He explained that technically what is in their locker
is the property of the homeless, but the locker is not their property.
Mr. Polce stated that this was a great conversation that was just getting started and
is something that needs to be discussed further. He noted that he has contacts in
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Denver and Seattle with people who have led initiatives from the grassroots level to
this conversation, and it would be easy to contact them and ask what worked, what
did not, and what the strengths, weaknesses, and legal ramifications are. Mr. Polce
noted that there are significant legal ramifications to the initiative but he thought it
was great to have the conversation and see if it is the right fit for Dover.
Mr. Anderson stated that the government had created part of the problem because if
it did not treat the property of the homeless with less respect than it treats the
property of anyone else, there would not be as much stress in this area. He asked
how many times the government had come across areas and just thrown away the
property of homeless people, including their paperwork and identification, when
these things would normally be placed in a lost and found so they could be
reclaimed. Mr. Anderson indicated that if the government is one of the biggest
offenders, then the government should create a solution to the problem that it helped
to cause. He noted that he was referring to the State of Delaware, the Delaware
Department of Transportation (DelDOT), and others. Mr. Anderson indicated that
he knows of people who have been set back greatly because when they came back
from work the government had thrown all their things away. Mr. Anderson
suggested that members could look at implementing something that would state that
the property of the homeless should be held the same way that anyone else’s is held,
if it is known whose property it is, and this would help relieve some of the stress.
Mr. Slavin cautioned members, in regard to subcommittees and meetings, to make
sure that they are not violating any provisions of the Freedom of Information Act
(FOIA) by having too many members of any one (1) committee in place at one time.
By consent agenda, Mr. Lewis moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
MONTHLY REPORTS - NOVEMBER 2017
By motion of Mr. Lewis, seconded by Mr. Neil, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council's Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
EVALUATION OF PROPOSAL - US 13 EAST PUMP STATION #7 UPGRADES -
EXCEPTION TO PURCHASING POLICY
In recent months, complaints from nearby businesses have increased regarding the extreme odor that
is released from US 13 East Pump Station #7 (PS #7), which is located east of Route 13 northbound
and northwest of Home Depot. City Management is requesting an exception to the purchasing
Page 106
CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 58
policy for emergency and continuity of services to address the odor. Mrs. Donna Mitchell, City
Manager, reviewed the background and analysis for this item. She noted that Staff had met with
Kent County and they have agreed to pay for half of the cost.
Staff recommended authorization to purchase the air scrubber unit, to be co-funded with Kent
County. Materials and installations by Doer Products and Services, Inc. This approval shall be
contingent on Kent County Levy Court approving their financial obligation.
Mr. Sudler moved for approval of Staff’s recommendation, seconded by Mr. Anderson and
carried by a unanimous roll call vote.
APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC)
DIRECTOR AND ALTERNATE DIRECTOR
By consent agenda, Mr. Lewis moved to appoint Donna S. Mitchell, City Manager, and
Lori Peddicord, Acting Controller/Treasurer, to serve as Delaware Municipal Electric
Corporation (DEMEC) Director and Alternate Director, respectively. The motion was
seconded by Mr. Neil and carried by a unanimous roll call vote.
2017/18 ANNUAL APPOINTMENT RECOMMENDED BY COMMITTEE CHAIR
(DEFERRED DURING THE ANNUAL MEETING OF MAY 8, 2017) - UTILITY
SUBCOMMITTEE - KATHLEEN DOYLE - ONE-YEAR TERM TO EXPIRE MAY 2018
Councilman Cole, Chair of the Utility Subcommittee, recommended the appointment of
Kathleen Doyle to serve on the Utility Subcommittee for a term to expire May 2018 (to fill the
unexpired term of Tricia K. Arndt).
By consent agenda, Mr. Lewis moved for approval of the appointment of Kathleen Doyle, as
recommended by Chairman Cole. The motion was seconded by Mr. Neil and carried by a
unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE #2017-16 AMENDING APPENDIX B -
ZONING
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City’s website at www.cityofdover.com under
“Government,” or by contacting the City Clerk’s Office at 736-7008 or cityclerk@dover.de.us.
Since the ordinance amends the Zoning Code, a public hearing is required. Staff recommended
referral of the amendments to the Planning Commission on February 20, 2018 and that a public
hearing be set for the Council Meeting of March 12, 2018 at 7:30 p.m., at which time final action
by Council will take place.
Mr. Dave Hugg, Director of Planning and Community Development, briefed members on the
proposed ordinance.
Responding to Mr. Sudler, Mr. Hugg stated that the ordinance had no elements that would
negatively affect the City. He advised that the Planning Commission would ensure that adequate
standards would be put in place.
Page 107
CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 59
Mr. Neil moved to refer the amendments and set a public hearing before City Council for
March 12, 2018 at 7:30 p.m., as recommended by staff. The motion was seconded by Mr. Hare
and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
PROPOSED ORDINANCE #2017-16 AMENDING APPENDIX B - ZONING, ARTICLE 3 -
DISTRICT REGULATIONS, SECTION 28 - TRADITIONAL NEIGHBORHOOD DESIGN
ZONE (TND), SUBSECTION 28.52 - NEIGHBORHOOD COMMERCIAL DISTRICT
(Legislative, Finance, and Administration Committee)
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, announced that projects were progressing as planned with a
slight delay due to weather. She advised that leaf collection was scheduled to end on January 12th,
however, it has been extended for two weeks to January 26th. Mrs. Mitchell noted that the extension
would be posted on the City’s website and Facebook page.
Mrs. Mitchell read the following statement, which she had sent to department heads earlier in the
day:
Please extend my personal thank you to all City Employee's for accommodating the
City's needs throughout this past week's snow storm. This applies to the employees
that stayed home in order to assist those essential employee's with the responsibility
to keep the roads cleared and provide public safety. While many of you may not
have the opportunity to thank our public works, public utilities, public safety,
administration staff, and public relations employees, I'm sure you will all agree they
deserve a hearty hand shake for their valiant efforts.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Hare reiterated Mrs. Mitchell’s appreciation for Staff’s assistance during the snow storm.
Mr. Sudler, on behalf of his constituents, thanked the Public Works Department for the great job
they did during the snow storm. He also announced that the Fourth District representatives would
be conducting a special emergency community meeting on January 17, 2018 at 6:00 p.m. in the
Council Chambers. Mr. Sudler advised that they would analyze the recent criminal activity,
overgrowth complaints in the Woodcrest community, lighting complaints, and any other complaints
that their constituents may have. He noted that their goal was to decrease any of the activity that is
deemed to be undesirable.
Mr. Anderson announced that the Inner City Cultural League and Delaware State University would
be having a free event at noon on January 15, 2018 in the Humanities Theater for Dr. King day. He
noted that it would be a great tribute with very positive, inspirational remarks, music, dance, and
spoken word. Mr. Anderson advised that it would be a great event to remember what the holiday
was about, noting that it is not just a day off but a day of respecting the legacy that must be carried
on by each of them to better their community.
Page 108
CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 60
Mr. Neil moved for adjournment, seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 7:56 p.m.
TRACI A. McDOWELL
CITY CLERK
Page 109
CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 61
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 8, 2018, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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Exhibits
Exhibit #1 - Procedure for Requesting a Legal Opinion
Exhibit #2 - Procedure for Requesting an Excused Absence
Page 110
EXHIBIT #1
Regular Council Meeting of 01/08/2018
City of Dover
PROCEDURE FOR REQUESTING A LEGAL OPINION
PURPOSE
1. To establish a uniform procedure for requests for legal opinions.
2. To ensure mandatory permanent retention of all legal opinions.
3. To manage legal expenses.
4. To avoid duplication of requests for legal opinions.
5. To maintain an accurate tracking system for legal opinions.
DEFINITIONS
Council Appointees - Shall mean those employees that directly report to the Mayor and City Council, as
follows: City Manager, Chief of Police, City Assessor, Controller/Treasurer, City Planner, and City Clerk.
It is noted that any request for a legal opinion by an employee of the City Manager would be submitted to
the City Manager for processing.
Legal Advice - Shall mean the guidance given by lawyers to their clients. The term “guidance” is important
to this definition. It points to the key difference between a legal opinion and legal advice—i.e., that a legal
opinion is an attorney’s analysis based on past or present facts, while legal advice is an attorney’s counsel
and guidance as to what future actions the client should take (Black’s Law Dictionary).
Legal Opinion - Shall mean a written document (formal or informal) in which an attorney provides his or
her understanding of the law as applied to assumed facts (Black’s Law Dictionary).
City Solicitor - Shall mean either the City Solicitor or the Deputy City Solicitor.
CONFIDENTIALITY OF LEGAL ADVICE AND OPINIONS
Any communication between the City Solicitor and representatives of the City is considered confidential,
as it is protected under attorney-client privilege.
STATEMENT OF PROCEDURE
Members of City Council
Should a member of Council wish to obtain either legal advice or a legal opinion, and that member has the
support of two (2) other members of Council (Rule of 3), the written request will be forwarded to the
Council President. The Council President will refer the question to the City Clerk to determine if there is
a legal opinion or correspondence on file that may address the concern being brought forward. If there are
records on file pertaining to the question, they will be distributed to the Mayor and all members of Council.
If there are no records on file pertaining to the question, the City Clerk will refer the question to the City
Solicitor. The City Solicitor will provide the legal advice or legal opinion to the City Clerk and it will be
distributed to the Mayor and all members of Council.
Page 111
Procedure for Requesting a Legal Opinion Page 2
STATEMENT OF PROCEDURE (CONTINUED)
Council Appointees
Legal Advice
Should a Council appointee require legal advice on a pending issue or project, they will refer the question
to the City Clerk to determine if there is a legal opinion or correspondence on file that may address their
concerns. If there are no records on file pertaining to the question, the Council appointee will work directly
with the City Solicitor to address their concerns. The Council appointee will provide any resulting written
legal advice or opinion to the City Clerk for reference and permanent retention.
Legal Opinions
Should a Council appointee wish to obtain a legal opinion, they will refer the question to the City Clerk to
determine if there is a legal opinion on file that may address their concerns. If there are no records on file
pertaining to the question, the Council appointee will refer the question to the City Solicitor. The City
Solicitor will provide the legal opinion to the Council appointee and copy the City Clerk for permanent
retention.
Department Heads Reporting to the City Manager
Legal Advice
Should a City Manager Department Head require legal advice on a pending issue or project, they will refer
the question to the City Manager. If it is determined that legal advice is necessary, the City Manager will
forward the question to the City Clerk to determine if there is an opinion or correspondence on file that may
address their concerns. If there are no records on file pertaining to the question, the City Manager will
either work directly with the City Solicitor to address their concerns or authorize the Department Head to
work with the City Solicitor directly. The City Manager will provide any resulting written legal advice or
opinion to the City Clerk for reference and permanent retention.
Legal Opinions
Should a City Manager Department Head wish to obtain a legal opinion, they will refer the question to the
City Manager. The City Manager will forward the question to the City Clerk to determine if there is a legal
opinion on file that may address their concerns. If there are no records on file pertaining to the question,
the City Manager will either work directly with the City Solicitor to address their concerns or authorize the
Department Head to work with the City Solicitor directly. The City Solicitor will provide the legal opinion
to the City Manager and copy the City Clerk for permanent retention.
/tm
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Actions History
01/08/2018 - Adopted - City Council
12/12/2017 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee
Page 112
EXHIBIT #2
Regular Council Meeting of 01/08/2018
City of Dover
PROCEDURE FOR REQUESTING AN EXCUSED ABSENCE
PURPOSE
To establish a uniform procedure for excusing Council members’ absences.
STATEMENT OF PROCEDURE
Requesting an Excused Absence Prior to the Meeting
The Council member shall e-mail the Council President and the City Clerk prior to the meeting indicating
the reason for his or her inability to attend the meeting. If the Council member is unable to access their e-
mail, a text message to the Council President and the City Clerk will be considered acceptable notification.
Absent the ability to e-mail and text message, the member shall call the Council President to advise them
of the absence. The Council President will notify the City Clerk’s Office for purposes of securing a quorum.
Requesting an Excused Absence Subsequent to the Missed Meeting
A council member requesting an excused absence subsequent to the missed meeting must submit the request
and reason for the absence in writing to the Council President and the City Clerk within seven (7) days after
the meeting from which the Council member desires an excused absence.
Excused Absences
For purposes of this procedure, an absence will be considered excused without further action by City
Council if due to the following causes:
1. The illness or injury of the council member or their family member;
2. A family emergency;
3. The death of a family member;
4. An employment-related commitment;
5. A commitment for city business;
6. Service related deployment; and
7. Vacation.
Absences Requiring Council Action
If a member has failed to request an excused absence, either prior to or within seven (7) days after the
missed meeting, or if the reason for the absence is not listed above, the absence shall be placed on the
consent agenda for the next regular Council meeting and Council members shall vote to determine whether
the absence is excused or unexcused. In the event a Council member fails to attend three (3) consecutive
regular meetings without being excused by the Council, the Council, in accordance with Section 13 of the
Charter, shall declare the seat forfeited and vacant at the next regular meeting.
/tm
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Actions History
01/08/2018 - Adopted - City Council
12/12/2017 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee
Page 113
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on January 9, 2018 at 5:48 p.m. with Council President Slavin
presiding. Members present were Mr. Anderson, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Lindell.
Mr. Sudler, Mr. Lewis, and Mr. Hare were absent. Mayor Christiansen was also absent.
Council staff members present were Mrs. Mitchell and Mrs. McDowell.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Mr. Anderson moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(4) -
Strategy sessions, including those involving legal advice or opinion from an attorney-at-law,
with respect to collective bargaining or pending or potential litigation, but only when an open
meeting would have an adverse effect on the bargaining or litigation position of the public
body. The motion was seconded by Mr. Neil and unanimously carried.
The Special Council Meeting recessed into Executive Session at 5:49 p.m.
The Executive Session adjourned at 6:01 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Tentative Agreement - IBEW (International Brotherhood of Electrical Workers) Contract
During the executive session, members of Council reviewed the terms of the IBEW (International
Brotherhood of Electrical Workers) Contract.
Mr. Neil moved to approve the contract for the International Brotherhood of Electrical
Workers (IBEW), as presented by Mrs. Mitchell at 2%, 3%, 3% with incremental wage
increases and the diversity clause included. The motion was seconded by Mr. Anderson and
unanimously carried (Sudler, Lewis, and Hare absent).
Mr. Neil moved for adjournment, seconded by Mr. Cole and unanimously carried.
The Special Council Meeting adjourned at 6:02 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of January 9, 2018 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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IBEW.wpd
Page 114
CITY OF DOVER
DEPARTMENT OF PUBLIC WORKS
SNOW REMOVAL PLAN
PRESENTATION TO CITY COUNCIL
JANUARY 22, 2018
Page 115
RESPONSIBILITY
• THE CITY OF DOVER DEPARTMENT OF PUBLIC WORKS (DPW) IS
RESPONSIBLE FOR ICE CONTROL AND SNOW REMOVAL WITHIN
THE CITY OF DOVER.
• AREAS TO BE ADDRESSED INCLUDE CITY PROPERTIES / FACILITIES,
PARKING LOTS AND ROADWAYS.
• RESPONSE EFFORTS ARE PROVIDED THROUGH THE GROUNDS,
FACILITIES, FLEET, SANITATION, STREETS AND WATER /
WASTEWATER DIVISIONS.
Page 116
SERVICE AREAS – CITY PROPERTY
• ICE CONTROL AND SNOW REMOVAL IS PROVIDED TO THE
FOLLOWING CITY OF DOVER FACILITIES WHICH INCLUDE
SIDEWALKS AND PARKING AREAS:
• POLICE STATION
• FIRE STATIONS
• WILLIAM STREET YARD / CITY WAREHOUSE
• CITY HALL
• WEYANDT HALL
• LIBRARY
• PITTS CENTER
• ELECTRIC ADMINISTRATION
• WATER TREATMENT PLANT
Page 117
SERVICE AREAS – CITY PROPERTY
• FACILITIES AND PARKING AREAS ASSOCIATED WITH EMERGENCY
SERVICES, PUBLIC WORKS OPERATIONS AND UTILITIES ARE
ADDRESSED FIRST. (UTILITY INFRASTRUCTURE IS ADDRESSED BY
UTILITY STAFF.)
• IN ADDITION TO CITY FACILITIES, ICE CONTROL AND SNOW
REMOVAL IS ALSO PROVIDED TO VARIOUS AREAS ASSOCIATED
WITH CITY OWNED PROPERTY.
• EXAMPLES: CITY PARKS, GARRISON OAK TECHNICAL PARK, THE
GREEN AND EDEN HILL ROUNDABOUTS
• TOTAL SIDEWALKS ADDRESSED: 7.52 MILES
Page 118
SERVICE AREAS - ROADWAYS
• ICE CONTROL AND SNOW REMOVAL IS PROVIDED TO
DEDICATED CITY STREETS AND ASSIGNED STATE ROADS
• EMERGENCY ROUTES: 8.6 MILES (8.1 MILES STATE ROADS)
• EXAMPLES: STATE STREET, GOVERNORS AVENUE, WATER STREET, NORTH
STREET, WALKER ROAD
• CRITICAL ROUTES: 14.8 MILES (3.3 MILES STATE ROAD)
• EXAMPLES: LOOCKERMAN STREET, WYOMINING AVENUE, BANK LANE,
LONG POINT ROAD, BUTTNER PLACE, GARRISON OAK DRIVE
• OTHER CITY STREETS: 97.6 MILES
• NUMBER OF INTERSECTIONS: 1,051
• NUMBER OF CUL-DE-SACS: 122
• EMERGENCY AND CRITICAL ROUTES ARE ADDRESSED FIRST.
Page 119
RESOURCES – STAFFING BY DIVISION
DIVISION PRIMARY DUTIES STAFF
ADMINISTRATION OVERSIGHT / ROAD CREW 2
GROUNDS FACILITIES / SIDEWALKS 13
FACILITIES FACILITIES / SIDEWALKS 4
FLEET ROAD CREW SUPPORT 6
SANITATION ROAD CREW 10
STREETS ROAD CREW 8
WATER / WASTEWATER ROAD CREW 11
TOTAL STORM RESPONSE TEAM 54
Page 120
RESOURCES – STAFFING BY SHIFT
CREW DESCRIPTION STAFF
OVERSIGHT AS NEEDED 1
FACILITIES / SIDEWALKS DAY SHIFT, MAX. 12 HR 17
ROAD CREW A DAY/NIGHT SHIFT, MAX. 12 HR 18
ROAD CREW B DAY/NIGHT SHIFT, MAX. 12 HR 18
TOTAL STORM RESPONSE TEAM 54
Page 121
RESOURCES – EQUIPMENT
EQUIPMENT UTILIZATION QUANTITY
DUMP TRUCK W/ SANDER ROAD CREW 5
DUMP TRUCK W/ PLOW ROAD CREW 5
FRONT END LOADERS ROAD CREW – cul- 3
de-sacs,
intersections
BACKHOES ROAD CREW – 3
intersections, alleys
1-TON DUMP TRUCK W/ PLOW ROAD CREW 4
PICKUP TRUCK W/ PLOW CITY PROPERTY 3
SKID STEERS CITY PROPERTY 2
TRACTORS CITY PROPERY 2
Page 122
PROCEDURES – STORM ASSESSMENT
• IMPENDING STORMS ARE MONITORED BY THE DPW AND IN
CONJUCTION WITH THE PUBLIC AFFAIRS AND EMERGENCY
MANAGEMENT COORDINATOR AND THE CITY MANAGER.
• THE TIMING, INTENSITY, ACCUMULATIONS AND WINDS ARE ALL
FACTORS THAT DETERMINE THE PROJECTED RESOURCES AND
LEVEL OF SERVICE REQUIRED. EACH STORM EVENT MUST BE
ASSESSED INDIVIDUALLY.
• RESPONSE PLANS FOR EACH STORM ARE REVIEWED WITH THE
PUBLIC AFFAIRS AND EMERGENCY MANAGEMENT
COORDINATOR AND THE CITY MANAGER.
• DPW STAFF ARE NOTIFIED OF PLAN ACTIVATION WITH AS MUCH
NOTICE AS PRACTICABLE. AT TIMES, SOME STAFF MAY BE SENT
HOME EARLY TO ALLOW FOR THE IMPLEMENTATION OF 12-HOUR
SHIFTS (STAFF IS MADE WHOLE FOR 8-HOUR SHIFT).
Page 123
PROCEDURES – STORM RESPONSE
• IN ALL CASES EMERGENCY / CRITICAL ROUTES AND AREAS ARE
ADDRESSED FIRST.
• THE APPLICATION OF SALT FOR ICE CONTROL WILL BE UTILIZED ON
EMERGENCY / CRITICAL ROUTES AND AREAS WHEN DETERMINED TO
BE EFFECTIVE.
• PLOWING EFFORTS ARE DISPATCHED AND TRACKED IN
ACCORDANCE WITH ESTABLISHED TRASH ZONES.
• PLOWING EFFORTS ARE TO BE PERFORMED FROM CURB TO CURB.
PARKED CARS AND OTHER OBSTACLES WILL EFFECT THE EFFICIENCY
OF THESE OPERATIONS. DPW STAFF DOES NOT REPLOW SUCH
AREAS.
• DUE TO THE TIME INVOLVED WITH PLOWING, EFFECTS ON CLEARED
DRIVEWAYS AND SIDEWALKS ARE UNAVOIDABLE AND SHOULD BE
ANTICIPATED BY PROPERTY OWNERS.
Page 124
PROCEDURES – AFFECTS ON SERVICE
• DEPENDING ON THE LEVEL OF THE STORM EVENT RECEIVED,
SANITATION SERVICES MAY NEED TO BE SUSPENDED IN
CONSIDERATION FOR THE SAFETY OF STAFF AND TO PROVIDE
ADEQUATE STORM RESPONSE (THE SANITATION DIVISION IS PART
OF THE STORM RESPONSE ROAD CREW). THIS DECISION
REQUIRES THE APPROVAL OF THE CITY MANAGER. EVERY
ATTEMPT IS MADE TO MAKE THIS DECISION AS EARLY AS
POSSIBLE.
• WHEN SNOW REMOVAL OPERATIONS ARE ACTIVATED, THESE
EFFORTS ARE THE PRIMARY FOCUS OF ALL DPW OPERATIONAL
STAFF REGARDLESS OF THE DIVISION.
• IN THE EVENT OF A WATER MAIN BREAK, WATER / WASTEWATER
DIVISION STAFF AND EQUIPMENT MUST BE PULLED FROM SNOW
REMOVAL EFFORTS TO ADDRESS THE EMERGENCY.
Page 125
MOVING FORWARD
• THE DPW, IN CONJUNCTION WITH THE CITY MANAGER,
CONTINUE TO EVALUATE ICE CONTROL AND SNOW REMOVAL
OPERATIONS. THIS INCLUDES LOOKING FOR IMPROVEMENTS
AND EFFICIENCIES IN ALL AREAS SUCH AS STORM PREPARATION,
PRE-TREATMENT OPERATIONS, COMMUNICATIONS, EQUIPMENT
AND CONTRACTOR UTILIZATION.
• SNOW PLANS AND LEVEL OF SERVICE EXPECTATIONS FOR OTHER
MUNICIPALITIES ARE ALSO BEING EVALUATED.
Page 126
THE STORM ISN’T OVER UNTIL THE
TRASH IS PICKED UP.
Page 127
PROCLAJWAT I ON
I/VHEREAS, during Black History Month we celebrate the many achievements and
contributions made by AfricanAmericans to our nation's economic, cultural, spiritual,
and political development. The Association for the Study ofAfricanAmerican Lifeand
History has selected “African Americans in Times of War” as the 2018 National Black
History Month theme in commemoration of the centennial of the end of the First World
War in 1918. It has been documented that 700,000 AfricanAmericans, including 1,400
soldiers from Delaware, registered for military service during World War I, eager to
show their patriotism and in hopes ofbeing recognized as ?zllcitizens; and
I/VHEREAS, the 2018 National Black History Month theme provides an opportunity to
re?ect on the vital role thatAfrican
Americans have played in every American war, from
the Revolutionary War Era to the present “War on Terrorism,” where they have
confrontedboth racial intolerance and the perils ofwar; and
I/VHEREAS, black men and women have made extraordinary sacri?ces, both on and o?‘
the battle?eld, to serve our country and to advance the goals of equal opportunity and
civil rights for all Americans.
NOW, THEREFORE, I, ROBIN R. CHRISTMNSEN, IWAYOR OF THE CITY OF
DOVER, DELAWARE do hereby proclaim February 2018 as
BLACK HISTORYM ON TH
in the City of Dover and urge all citizens to recognize the essential role of African
Americans in shaping our nation's history, and commit to working together to build a
society that lives up to its democratic ideals.
.
I I
/
I’
A .AI‘'''
A. .-
7 Rob’ '’ rstz sen
Mayor
Page 128
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on January 9, 2018 at 6:04 p.m., with Council President
Slavin presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce, and Mr. Lindell. Mr. Hare and Mayor Christiansen were absent. Civilian
members present for their Committee meetings were Mr. Caldwell and Dr. Warfield (Parks,
Recreation, and Community Enhancement), and Mr. Shevock and Dr. Stewart (Legislative, Finance,
and Administration). Mrs. Doyle (Utility) was absent.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Sudler
presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
Potential Land Acquisition - 104 Washington Street and 149 Hazel Road (233 Walker Road was
determined to be the incorrect address)
Members were provided correspondence from the Kent County Conservancy dated May 23, 2017
addressed to Mayor Christiansen and Council President Slavin, and October 25, 2017 addressed to
Mr. Neil, as well as a map depicting the properties of Thomas C. Jackson and Charles Terry Jackson,
located at 104 Washington Street and 149 Hazel Road (Attachment #1).
Mrs. Donna Mitchell, City Manager, advised members that this item was brought forward based on
the correspondence received by Mr. Neil. She noted that the correspondence did not include the
property address and, since the property owner owns more than one property, she thought that the
request was for 233 Walker Road; however, this was the incorrect address. Mrs. Mitchell explained
that there are two (2) parcels and the correct addresses are 104 Washington Street and 149 Hazel
Road. She stated that it was her understanding that the owner wants to make sure that the City does
not have any interest in purchasing the property before for sale signs are put up.
Mr. Slavin asked if the constituent who brought this matter forward, Mr. Charles Salkin, had been
notified that this was being considered this evening. Responding, Mrs. Mitchell stated that she had
not notified him.
Mr. Slavin moved to postpone this item until Mr. Salkin receives notification. The motion was
seconded by Mr. Neil and unanimously carried.
Appendix B - Zoning, Article 10 - Planning Commission, Section 1 - Approval of Conditional
Uses, Subsection 1.43 - Revocation of Conditional Use Permit
Mr. Sudler informed members that he had requested this item to be placed on the agenda and asked
Mr. David Hugg, Director of Planning and Community Development, to discuss the language
Page 129
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 2
regarding Revocation of Conditional Use Permit, in an effort to add additional language to address
a timeframe for revoked conditional use premises that were not in compliance.
Mr. Hugg provided members with an overview on conditional uses, explaining that the Planning
Commission has the authority to approve certain uses in their designated zone that, by nature of the
use of the activity, may have some conditions, activities, or associated features that require an
additional look. He stated that a good example might be a use that requires an unusual amount of
parking or that has some element of noise or other kind of operation, and the Planning Commission
can issue a conditional use. Mr. Hugg explained that the process starts with an application to the
Planning Department, which goes through a review, and gets scheduled before Planning
Commission, etc. He noted that the statute specifically states that, “In approving any such use, the
planning commission shall take into consideration the public health, safety and welfare, the comfort
and convenience of the public in general and of the residents of the immediate neighborhood in
particular, and may prescribe appropriate conditions and safeguards as may be required in order that
the results of its action may, to the maximum extent possible, further the expressed intent of this
ordinance....” Mr. Hugg advised that among the things that the Planning Commission must consider
are location, size, character of the activity, and its appropriateness or harmony with the development
zone that it is located in and whether or not it will create any detrimental activity. He stated that the
Planning Commission hears the conditional use application, and sometimes it is simply approved
and the conditional use is allowed to go forward. Mr. Hugg explained, however, that sometimes the
Planning Commission approves an application with a temporary time period, allowing the use to be
established and creating a track record and, typically within a year, they come back and
reconsider it.
Mr. Hugg stated that he believed that Mr. Sudler’s concerns were with the provisions in the
ordinance that allow the Planning Commission, at the request of the City Planner, to revoke or limit
a conditional use once it is granted. Mr. Hugg stated that, as it is currently written, the ordinance
is not particularly clear in terms of the grounds upon which the Planning Commission will revoke
or limit the application of the conditional use approval. He stated that it is kind of implied that the
conditions that they originally looked at to grant a conditional use would be the same conditions that
they would look at again: harmony, safety, etc.
Mr. Hugg stated that the specific use that Mr. Sudler was concerned about was interesting. He
advised that it never had a conditional use approval because it predated the zoning ordinance, so it
was always considered a non-conforming use. Mr. Hugg explained that, now that the use has
ceased, anybody wishing to undertake a conditional use activity on that property or any other would
have to reapply, start the process over and come to the Planning Commission.
Mr. Sudler stated that he was concerned about non-conforming use premises being revoked and
there not being language in the ordinance that states whether or not they can reapply or if there will
be any type of robust penalty where they can reapply or not reapply within a certain time period.
In response, Mr. Hugg explained that, technically, if a conditional use ceases, whether it is by
revocation or if the use simply goes out of business, it begins a clean slate process. He stated that
the original applicant or any other applicant can come forward, submit a new application to do that
conditional use or another conditional use, and go through the process.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 3
Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-8 - Disorderly Premises, (a)
Disturbing Activity
Mr. Sudler informed members that he had requested this item to be placed on the agenda because
he was concerned about the penalties and some of the ordinance language in regard to premises and
having them deemed as having disturbing activity.
Responding to Mr. Sudler, Mr. David Hugg, Director of Planning and Community Development,
stated that he was not really familiar with this ordinance, explaining that it specifically relates more
to matters that fall under the Police Department; however, it is among the considerations that the
Planning Commission could look at because of the language that deals with harmony with the
neighborhood, etc. He advised that a record of a property being a disorderly, nuisance, blighted, or
dangerous property under other ordinances would provide a basis for the Planning Commission to
say they have a concern about the continued conditional use.
Mr. Neil asked Mr. Sudler whether he was suggesting that there should it be a greater penalty or
something more specific and what his views were. In response, Mr. Sudler stated that he thought
that if there were revoked conditional use premises that were deemed to be disorderly, Article 10,
- Planning Commission, Section 1 - Approval of Conditional Uses, Subsection 1.43 - Revocation
of Conditional Use Permit and Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-8
- Disorderly Premises, (a) Disturbing Activity would coexist together to form a penalty or some
kind of additional language that is not currently present in the ordinance. He stated that this would
also affect the current permit or the future permit that they may be seeking for reopening, and it
would be a twofold type of existence. Mr. Sudler stated that this was his idea initially; however, he
wanted the Committee to hear the language and to also get a better understanding of what disorderly
premises are. He noted that this is one of the City’s newer ordinances that was implemented, and
indicated that he was interested in seeing how the City could beef up what currently exists and
consolidate the ordinances into one (1) tough ordinance on disorderly premises and premises that
have their permits revoked due to undesirable activity that jeopardizes the welfare of a community.
Mr. Hugg noted that his staff was doing a full review of a lot of the ordinance provisions, and if this
was a topic that the Committee or Council feels needs some refinement, he would not have a
problem reviewing the language discussed by the Committee at the staff level. He suggested that,
as a minimum change, they could include language to say that the same standards that are applied
when a conditional use is initially applied for would be used by the Planning Commission in
considering revocation, which would provide a little bit of guidance to the Planning Commission.
Mr. Anderson stated that he was glad that they were reviewing this relatively new ordinance,
explaining that he thought that this was something that should be done more often, to determine if
anything needs tweaking. He advised that, from what he had observed, he thought that this
ordinance seemed to be working. Mr. Anderson stated that he would like to know whether there had
been much enforcement of this ordinance and suggested that the Police Chief be asked to provide
some information in this regard. He indicated that, after the ordinance was adopted, he noticed that
a couple of problem areas seemed to have cleaned up a bit just under the threat of it, so he thought
that it had done some good in that respect.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 4
Mr. Neil stated that he did not have a problem with strengthening the ordinance and the City’s
ability to keep their neighborhoods safe; however, he thought that members needed to be cautious
in terms of the legalities.
Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting. The motion was seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 6:21 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
Americans with Disabilities Act (ADA) Transition Plan: Pedestrian Facilities in the Public
Right-of-Way
Mrs. Donna Mitchell, City Manager, advised members that staff was under the impression that this
item needed a resolution; however, had since found that it only needs approval of the plan. She
reminded members that on October 10, 2017, City staff presented an introduction to the proposed
Americans with Disabilities Act (ADA) Transition Plan: Pedestrian Facilities in the Public
Right-of-Way. The presentation stated that the City would solicit public comment for at least
thirty (30) days on the proposed Transition Plan. Mrs. Mitchell advised that, in order to solicit
public feedback on the plan, staff placed an article in the Dover Post on October 25, 2017, and
advertised the plan and requested feedback on the City’s website.
Mrs. Mitchell advised that staff only received one (1) inquiry about the plan. The question was from
a WBOC reporter and was submitted over the phone, not through the public feedback form provided
by staff. The reporter wanted to know what will be the biggest challenge of addressing ADA
requirements. City staff returned the call, but was unable to leave a voicemail, as the mailbox was
full. The biggest challenge is meeting ADA requirements when the sidewalk is brick material.
Members were advised that the proposed transition plan meets the regulations outlined by the
Federal Government. Mrs. Mitchell stated that since staff did not receive any comments that would
require alterations to the plan, it remained consistent with the version submitted for review on
October 10, 2017.
Staff recommended approval of the plan.
Mr. Sudler moved to recommend acceptance of staff’s recommendation. The motion was
seconded by Mr. Neil and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 5
Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded
by Mr. Lindell and unanimously carried.
Meeting adjourned at 6:24 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council President Slavin
presiding in the absence of Chairman Hare.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Dissolution of Bonus Committee, Policy and Programs
Mrs. Donna Mitchell, City Manager, advised members that staff had decided to refresh the current
employee awards and bonus program. She noted that during their meeting of February 2, 2004,
members of the Legislative, Finance, and Administration Committee reviewed recommendations
for the Bonus Policy. As a result, staff implemented changes to the policy and presented them to
members for their review and recommendation. On February 23, 2004, the Legislative, Finance, and
Administration Committee recommended approval of the Bonus Policy as presented, and the bonus
programs were approved by City Council on March 8, 2004. Mrs. Mitchell explained that since the
first program was approved by Council, staff was asking for the dissolution of that program. She
noted that there are a couple of people who are still outstanding in some areas of the prior program;
therefore, staff is recommending discontinuing the program as of July 1, 2018. Mrs. Mitchell
advised that staff would be implementing the STAR Award program and was not asking for
approval of that program.
Members were advised that the bonus programs include Doing Useful Community Service,
BREATHE Program, Caught Doing it Right, and STOP Program. Since inception, the BREATHE
program and STOP program have been the most popular. One (1) employee is currently in the
BREATHE program and four (4) in the STOP Program.
The Human Resources Department has begun to refresh the employee recognition activities, the first
being a STAR Award. This is similar to an employee of the month award. This will be
implemented in January 2018. Additional programs/activities will be rolled out throughout the year.
Staff recommended the dissolution of the Bonus Committee and termination of the bonus policy and
programs, in favor of the STAR Employee Award, Employee of the Month Program. The
BREATHE program and STOP program will be closed to new participants effective immediately
and discontinued on July 1, 2018.
Responding to Mr. Anderson, Mrs. Mitchell stated that this was separate from the health insurance
program.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 6
In response to Mr. Lewis, Mrs. Mitchell advised that staff anticipated that the new program would
cost approximately $100 per month, which would come out of the Human Resources Department
budget.
Mr. Neil moved to recommend dissolution of the Bonus Committee and termination of the
bonus policy and programs, in favor of the STAR Employee Award, Employee of the Month
Program. The BREATHE program and STOP program will be closed to new participants
effective immediately and discontinued on July 1, 2018. The motion was seconded by
Mr. Anderson and unanimously carried.
Disposition of Excess Property - 311 North Governors Avenue
Members were advised that the City of Dover acquired 311 North Governors Avenue at a monitions
sale due to liens and demolition expenses. The City has no use for this excess property and is better
served by having it redeveloped and restored as a taxable property. The City and the National
Council on Agricultural Life and Labor Research, Inc. (NCALL) negotiated a sales price of $20,000.
The City has outstanding taxes and fees of $22,962.64, the balance of which will be written off after
applying the sales proceeds.
Section 2-422 of the Dover Code provides procedures for the sale and disposition of real property.
The procedure includes a "Standard Method of Disposition" which begins at the Legislative,
Finance, and Administration Committee. In support of the City Council’s goal to increase home
ownership, and our partnerships with NCALL and Habitat for Humanity, the City Management
concurs that this sale is in the best interest of the City. There will also one less vacant property for
our public works crews to maintain. After a favorable recommendation by Committee, City Council
can declare the property as excess or surplus property and, subsequently authorize the sale of said
property.
Staff recommended the following: 1) declare that the property is excess property; and 2) authorize
the City Manager to sell the excess property to NCALL Research, Inc. for $20,000 (before closing
cost) in conjunction with the Restore Central Dover home ownership program.
Mrs. Donna Mitchell, City Manager, advised members that 311 North Governors Avenue was one
of the excess properties that the City acquired through monitions, and staff listed the excess
properties with R & R Realty based on an action form that was taken to Council on March 13, 2017,
at which time they approved R & R Realty and Cushman & Wakefield for the Garrison Tract. She
explained that, because the action form said various City properties, she was under the impression
that it included all properties; however, after reviewing the Council minutes, Council President
Slavin had clarified that it did not include residential properties. Mrs. Mitchell advised members
that, due to her misunderstanding, staff had listed all of the residential properties with R & R. She
stated that the contract expires in February of 2018.
Mrs. Mitchell stated that NCALL had asked for this property and gone through the real estate
broker. She advised that she was already in the process of selling this property and had signed a
contract with NCALL. Mrs. Mitchell explained that she wanted to bring this property forward as
an exception, and then wait for the contract with R & R to expire and post the other residential
properties according to the ordinance for disposal of excess property. Mrs. Mitchell advised that
Page 134
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 7
Council needs to declare this property as excess and will have to do the same thing with all those
other properties as well, explaining that staff will need to bring them back to Council after they
advertise them.
Mr. Anderson stated that he was definitely in favor of this particular action; however, he thought that
it illustrated why the City should look at a land bank possibility as well.
Mr. Anderson moved to recommend acceptance of staff’s recommendation to: 1) declare that
the property located at 311 North Governors Avenue is excess property; and 2) authorize the
City Manager to sell the excess property to NCALL Research, Inc. for $20,000 (before closing
cost) in conjunction with the Restore Central Dover home ownership program. The motion
was seconded by Mr. Lindell and unanimously carried.
Procedure/Policy for Council Community Enhancement Fund Expenditures
During their Regular Meeting of November 27, 2017, members of Council approved the
Committee's recommendation to authorize Mr. Lindell to prepare a first draft of the Committee's
ideas for approval during a future meeting of the Committee.
Mr. Lindell reviewed the City of Dover City Council Discretionary Funding Policy, noting that it
was based on the Committee’s November discussion. He thanked Mrs. Traci McDowell, City Clerk,
for providing research and information, as well as Mr. Polce for his peer review of the Policy
presented to the Committee. Mr. Lindell stated that he used various sources. He noted that the City
of New York has an excellent policy; however, it is very detailed and members would have been
buried in paperwork if they used that method. Mr. Lindell explained that he tried to incorporate the
best parts of different sources into the Policy. He stated that he included Mr. Neil’s sentiments
regarding taxpayer dollars responsibility in the Preface.
Mr. Slavin reminded members that this fund was created to answer some of the frustrations that
many of the constituents had voiced that the City budget process had very little flexibility to address
in-district needs inside the fiscal years. Mr. Slavin stated that, for example, members had speed
enforcement issues that needed a speed detection sign; however, they had no way to reprogram the
money to get a speed detection sign, park benches, or things like that. He explained that they made
it a zero net sum, where the amount that is appropriated into this fund was taken out of other areas,
not in addition to. Mr. Slavin advised that this allowed each of the districts to have some money to
address some of the smaller issues, noting that small issues are big and important issues.
Mr. Slavin suggested amending Section 1A, stating that rather than citing the specific amount of
$25,000, which is appropriated in the current fiscal year, they should strike any reference to the
number and say “the amount appropriated for that fiscal year.” He explained that this would mean
that the number would be determined during the appropriation process and the Policy would not
have to be changed if the number changed. Mr. Lindell stated that he did not have a problem with
this amendment.
Mr. Sudler asked if he was correct in his understanding that, in regard to organizations and boards,
as long as it does not benefit the individual or a relative of the individual, it would be permissible.
Responding, Mr. Lindell stated yes, noting, for example, that sometimes Council members have put
Page 135
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 8
money into schools, and if you have someone that may teach in that building, or something like that,
as long as it is not going directly into their pocket and it is helping the school, it is a way to prevent
punishing an organization. He explained that it would be, for example, like if any members of
Council had relatives that were on the YMCA board or any type of other board. Mr. Lindell stated
that it is just a protection, it is not necessarily going right to that person, but it is helping, it is a loose
affiliation. Mr. Sudler stated that he wanted some clarity, explaining his concern that his church has
a soup kitchen in his district that benefits the homeless, and he does not want this to be perceived
as a conflict of interest just because he attends that church.
Mr. Sudler suggested that members get the Solicitor to do a legal statement, not just a legal opinion,
indicating how the City views conflict of interest or perceived conflict of interest, just for the record.
Mr. Anderson stated that he had two (2) concerns, and his technical concern regarding the
appropriation had already been addressed. He advised that his second concern had to do with
Section 1A, Subsection b, which states that “With the exception of the At-Large council member,
each council person shall spend at least 50% of their allocation within their council districts.”
Mr. Anderson stated that he would like to see if they could amend that wording to say “benefitting
their council district.” He explained that he is afraid that they could end up making something that
was intended to be simple, quick, low dollar amount become a bureaucratic nightmare, by requiring
organizations to determine exactly who's benefitting and do extra paperwork for just a few hundred
dollars. He stated that is when it would be manifestly so that people in the district are benefitting.
Mr. Anderson noted, for example, that the Sankofa lost a lot of funding because of the State
grant-in-aid budget situation, and several children were actually without money to continue in the
program. He stated that, in this case, the organization’s headquarters happens to be in the district,
and most of the students who benefitted were also in the district. However, Mr. Anderson explained
that, with this provision, it could require them to then go back through and present documentation
over who it is, where the addresses are, etc., which is his concern.
Mr. Anderson also noted that sometimes things are not quite neat in district lines. He stated that
Dog Pound Boxing, for instance, is based on Senate Drive and was something that was put together
with the Dover Housing Authority to benefit the youth there. Mr. Anderson indicated that when
they wanted to bring a fairly important amateur sporting event to Dover, they needed some
additional funding, so they partnered with the YMCA, and that money went to the YMCA. He noted
that this benefitted Dover in many ways, specifically economically. Mr. Anderson explained that,
technically, the YMCA is about 700 feet from the district line; however, almost all of the people
benefitting from it were in the district, because the organization that was co-sponsoring was in the
district. He stated that the YMCA approached him because they wanted to find ways to help
diversify and bring more minorities in, and that partnership was one that worked.
Mr. Anderson explained that if they put “benefits”, it would make it a very easy determination;
however; if they put “within” the district, that particular expenditure could be debatable because
technically the YMCA is not in the district; however, there is not such a facility within the district
that could accommodate the activity which benefitted the kids in the district. He stated that he
would like to see a change in the wording that would keep the intent but would not make it a
potential bureaucratic nightmare.
Page 136
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 9
Mr. Cole suggested that each councilperson shall make a good faith effort to spend at least, or
benefit at least 50% of their allocation within their council district. He noted that the City Clerk’s
Office would have oversight.
Mr. Slavin stated that Mr. Lindell had a sense of what Mr. Anderson was saying and could
incorporate it into any amendments that would go forward to Council regarding this matter.
Responding, Mr. Lindell noted that he had wanted to include something regarding what he heard
from the happy medium with the 50%, and he had no issue with looking at that and seeing what the
consensus is of the Council going forward.
Mr. Lewis asked if the funds are reallocated into next year’s budget if a Council member does not
use them. Responding, Mrs. Donna Mitchell, City Manager, stated that they are annual
appropriations and they expire at the end of the year.
Colonel Thomas Dix, 664 Independence Boulevard, stated that last April former Councilman Hosfelt
had told him that he gave $2,500 toward park benches in Continental Park. Colonel Dix asked if
he was ever going to get the benches and where that money went. In response, Mrs. Mitchell
advised that the money that Mr. Hosfelt earmarked for the park benches went to the Parkland
Reserve until staff got the benches. She stated that the benches had come in; however, the Grounds
Division wants to lay cement to set the benches on, to prevent ruts, and they have to wait for the
weather to dry up in order to lay the cement. Colonel Dix noted that Mrs. Mitchell had told him
that; however, he was more concerned about where the funding was.
Colonel Dix stated that he had also heard that former Councilman Hutchison had designated $1,000
for Continental Park and Colonel Dix was wondering where that money went, because he is trying
to work another project in Continental Park regarding trees. Responding, Mrs. Mitchell stated that
both allotments were specifically for benches in Continental Park and went to the Parkland Reserve.
She explained that there would be two (2) benches going in at Continental Park.
Responding to Mr. Sudler, Mrs. Mitchell confirmed that any money left over from the purchase of
the two (2) benches would remain in the Parkland Reserve.
Mr. Lindell noted that he believed that the Policy would alleviate some of Colonel Dix’ concerns
with any future projects, indicating that the monthly report would be included in the Council packets
on a regular basis, so everyone could see where the funds are specifically being allocated and what
is going on with the funding.
Mr. Sudler moved to recommend approval of the draft Procedure/Policy for Council Community
Enhancement Fund Expenditures, as amended to reflect the tenor of the Committee’s conversation,
seconded by Mr. Polce.
Mr. Lindell asked if Mr. Anderson would talk to him after the meeting to work on some of the
wording.
Page 137
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 9, 2018 PAGE 10
The motion to recommend approval of the draft Policy for Council Community Enhancement
Fund Expenditures, as amended to reflect the tenor of the Committee’s conversation
(Attachment #2) was unanimously carried.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee
meeting. The motion was seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 6:50 p.m.
By unanimous consent, the Council Committee of the Whole meeting adjourned at 6:50 p.m.
Timothy A. Slavin
Council President
TAS/TM/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2018\01-09-2018 CCW Minutes.wpd
Attachments
Attachment #1 - Correspondence from the Kent County Conservancy dated May 23, 2017 addressed to
Mayor Christiansen and Council President Slavin, and October 25, 2017 addressed to Mr. Neil, as well
as a map depicting the properties of Thomas C. Jackson and Charles Terry Jackson, located at
104 Washington Street and 149 Hazel Road
Attachment #2 - Draft Policy for Council Community Enhancement Fund Expenditures, as amended to reflect the tenor
of the Committee's conversation
Page 138
ATTACHMENT #1
Council Committee of the Whole Meeting of 01/09/2018
NOTICE
January 9, 2018
Council Committee of the Whole/
Parks, Recreation, and Community Enhancement
Committee Meeting
Attached please find a map and correspondence related
to PR&CE agenda item 1 - Potential Land Acquisition.
- City Clerk’s Office
Page 139
KENT COUNTY
CONSERV ANCY
"Preserving our past, protecting our future.,,
426 S. State St.
Dover, Delaware 19901
302-678-1175
May 23 , 2017
Mr. Robin R. Christiansen, Mayor
Mr. Timothy A. Slavin, President of Council
City of Dover
15 Loockerrnan Plaza
OFFICERS AND
BOARD OF
Dover, Delaware 19901 ·f/M
DIRECTORS Dear Mayor Christiansen and P~lavin:
Gerald I. H. Street
President
The Board of Directors of the Kent County Conservancy encourages the City of
Dover to acquire two small parcels of land adjacent to Silver Lake Park. Both are owned
Michael]. Petit de Mange by the Jackson family: 0.77 acres at the east end of Washington Street and the adjacent
·vice-President wetland portion of 149 Hazel Road. These lots will soon be advertised for sale.
Rachael Phi/los
Secretary These small parcels are very important to the integrity of the park. The
Washington Street parcel is heavily wooded and buffers that recreation area from nearby
To191 DePrima residential development. While the wetland parcel is nominally protected by regulation,
Treasurer its continued responsible management is not guaranteed by a future owner.
Jack Foley
The Jacksons have been excellent stewards of these land for decades and would
Lyle Jones like to see them come under public ownership and protection. The Conservancy and the
Jacksons have had an introductory meeting with David Hugg to talk about how this might
lv.lichael Merm·
be accomplished.
TimotlJ)' 0 'C~1111or
The assessed valuation of the Washington Street lot is $66,000; the wetlands, of
Cha11es A. S a/ki11 course, would have a much lower value. Neither parcel has had a formal appraisal.
Regardless of a final appraised value, it is very likely that one-half of the cost could be
David Vaughan
reimbursed by DNREC ' s Land and Water Conservation Trust Fund.
We suggest that you continue discussions with the Jacksons as soon as possible
before the two parcels are publicly listed.
It is also imperative that the City submit a Pre-Application to DNREC by the May
26, 2017, deadline. It is a simple submission and does not commit the City to follow up
with a formal application. However, if this deadline is not met, the City would not be
able to formally apply for funds when applications are accepted in the fall.
Page 140
Page Two
Mr. Robin R. Christiansen, Mayor
Mr. Timothy A. Slavin, President of Council
May 23 , 2017
Please let us know what we can do to advance the preservation of these two small but
very ecologically-significant and strategic parcels.
Sincerely,
~Jd__ ) ~
Gerald I. Street Charles A. Salkin
President Chair, Land Protection Committee
Cc: David S. Hugg, III
Jackson Family
Dean Holden, Silver Lake Commission
Page 141
KENT COUNTY
OCT 2 6 2017
CONSERV ANCY
"Preserving our past, protecting our future." OFFICE OF THE CITY CLERK
426 S. State St.
Dover, Delaware 19901
302-678-1175
October 25, 2017
Mr. Fred A Neil
Councilman - 3rd District
Dover City Council
P. 0. Box 475
OFFICERS AND
Dover, Delaware 19903
BOARD OF
DIRECTORS Dear Councilman Neil:
Gerald I. H. Street
Thanks so much for meeting with Chazz last week at Silver Lake Park. The Kent County
President
Conservancy encourages the City of Dover to reconsider the acquisition of two small
Michael ]. Petit de Mange parcels at the west side of the Park owned by the Jackson family.
Vice-President
Since this potential acquisition was reviewed by Council in executive session, the
Rachael Phi/los
Sem:ta1y Jacksons have offered a revised "deal" that is, we believe, a game-changer. They are
willing to consider selling the two parcels at one-half of their fair-market value. With
To1ry DePrima matching funds from DNREC's Land and Water Conservation Trust Fund, the land could
Treasurer be secured and protected. The City's only cost would be relatively small expenditures for
appraisal, survey and settlement.
Jack Folry
Lyle Jones Regardless of cost, this valuable habitat and landscape needs to be protected. Most
visitors to the Park assume that the woods and wetlands on the Jackson parcels are
Michael Mercer
already public land. It is hard to imagine how the character of this recreation area would
Timothy 0 'Co1111or change if these tracts were developed or otherwise altered.
Charles A S alki11 We encourage the City to work with our Conservancy and the Jacksons to make their
very generous offer a reality. We are pleased to have your support for moving this
David Vaughan
important opportunity forward .
)f}l.C~r.Jly, r
~ rvC v( /f' ~Li_(,{ /lt!Ot1~
Gerald I Street Charles A. Salkin
President Chair, Land Protection Committee
Cc: Councilman Scott W. Cole
Mayor Robin Christiansen
Michael Petit de Mange, KCC Vice-President
Page 142
ED05-068.17-03-15.00 104 Washington Dr
ED05-068.17-03-28.00 149 Hazel Rd
Jackson,Thomas C & Jackson,Charles Terry
104 Washington St
149 Hazel Rd.
Sources: Esri, HERE, DeLorme, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster
NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong
Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors,
and the GIS User Community, Source: Esri, DigitalGlobe,
GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,
USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and
±
the GIS User Community
Page 143
ATTACHMENT #2
Council Committee of the Whole Meeting of 01/09/2018
City of Dover City Council Discretionary Funding Policy
Preface
In order to better serve the needs of their constituents, the Dover City Council established a
line‐item in the annual budget entitled “Discretionary Funding.” These funds are to be used by
each councilperson to enhance and provide support to community needs within each council
district. As with all taxpayer funds, the public expects and deserves to know that discretionary
funding is being used prudently to support organizations with the capacity and integrity to
provide quality services free from conflict of interest for the citizens of Dover.
Section 1‐ Expenditures for community project purposes authorized; limitation on amount;
defined
1A. Provided members of council approve the Discretionary line‐item in the annual budget, the
City Council is authorized to expend city funds in an amount not to exceed $25,000 for
community purposes.
a. The $25,000 shall be divided among councilpersons in the following manner:
i. Each council member will be allotted $2,500 funds for their
districts and the At‐Large council member will be allotted $5,000.
b. Council members should make a good faith effort to use their allotted funding to
enhance their respective council districts.With the exception of the At‐Large council
member, each council person shall spend at least 50% of their allocation within their
council districts.
1B. Community project purposes, as used in this section, shall be construed to mean and
include the promoting of Dover or any advantage, facility, product, resource or attraction
thereof or therein or the contributing to any State, County, municipal, civic or community
project or the support and maintenance of any institution or organization having for its or their
intent and purpose the creation or enhancement of good will for or toward the City of Dover
and the citizens thereof, and all moneys expended or contributed, as aforesaid, are hereby
declared to be expended or contributed for community project purposes and for a proper City
purpose.
Section 2‐Process for Distribution of Funds; and Transparency
2A. The Councilperson making the request, will provide documentation (i.e. vendor invoice) to
reimburse the individual/organization making the purchase for which they are providing
assistance; or the City purchaser will purchase the item(s) on the City’s credit card if the
organization is a City sponsored organization.
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i. In the event that the individual/organization requesting funding from a
councilperson lacks the funding to make the initial purchase in order to seek
reimbursement under this process, the requesting organization/individual shall
submit a formal letter to the councilperson outlining the specific uses of the
funding being requested. This documentation shall be forwarded to the City
Clerk’s Office for review of any potential conflicts with current policy.
2B. The City Clerk’s Office will track account activity. It will be Council Members responsibility
to adhere to their allotment or work among themselves for the distribution of funds.
i. A monthly City Council’s Community Enhancement Fund Report shall be included
in the council packet to maintain transparency in the use of taxpayer funds.
Section 3‐Restrictions on the Use of Discretionary Funding
3A. All public funds, however awarded, must be used for a city purpose. In general, a City
purpose is defined as an activity or service that is open to all members of the public regardless
of race, creed, gender, religious affiliation, etc. without restriction, and which does not promote
a particular religion.
3B. Programs and services provided by religious or religiously affiliated organizations must be
able to demonstrate that the program is open to non‐members, is not a religious program, and
it does not promote religion.
3C. Closed membership groups‐those to which membership is restricted or subject to
membership based on prohibited factors may generally not receive funding.
i. Groups that serve a particular population; for example, youth aged 12 to 16 in a
particular community are not considered a closed membership group, as long as
the program is open and accessible to all youth in the community.
3D. For profit entities may not receive discretionary funds except when the primary non‐profit
contractor subcontracts with a for profit entity as part of the delivery of services. Such
subcontracts; however, must only be an ancillary part of the program to be funded, not the
primary basis for the discretionary award, and must be approved by the contracting agency.
3E. Funds may only be allocated to a public purpose and may not support political activities
and private interests.
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Section 4‐Conflicts of Interest
4A. To prevent the abuse or misuse of the Council’s discretionary funding authority, the
following guidelines shall govern conflicts of interest between councilpersons, family,
associates, and organizations receiving discretionary funding:
i. Council members are prohibited from sponsoring discretionary funding for an
organization at which the Member serves as an employee, officer, or board
member.
ii. Councilpersons may sponsor funding for an organization where an “associated”
person, (a family member or other person with whom the councilperson has a
financial or business relationship) is an officer or employee so long as the
associated person will not benefit, or appear to benefit, from the funding.
iii. Councilpersons are required to disclose on the record any potential or perceived
conflicts of interests in regard to awarding discretionary funds. The City Solicitor
shall review to determine if such a conflict exists prior to funds being expended.
iv. Failure to report conflicts of interest or any misuse of a councilpersons
discretionary funding are subject to the provisions of the City’s Code of Ethics
established by Council.
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CITY OF DOVER City Council Meeting
January 22, 2018
FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018
1 of 2
QUARTERLY REVENUE REPORT
As of December 31, 2017
50.0%
FY18 YTD % BUDGET FY16 FY17
GENERAL FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes $ 12,615,600 $ 12,637,900 100.2% $ 12,434,600 $ 12,524,200
2 Payment In Lieu of Taxes 410,000 288,900 70.5% 412,200 371,400
3 Transfer from Electric Fund 10,000,000 5,004,000 50.0% 10,000,000 10,000,000
4 Intrafund Service Receipts Electric 3,660,100 1,487,300 40.6% 3,628,000 3,425,000
5 Transfer from Transfer Tax Fund 1,209,300 906,400 75.0% 2,188,600 1,633,600
6 Business Licenses 1,467,000 1,444,800 98.5% 1,475,800 1,462,400
7 Intrafund Service Receipts Water/Wastewater 1,716,100 697,100 40.6% 1,422,000 1,583,000
8 Sanitation Fees 3,080,400 1,564,200 50.8% 2,527,500 2,514,600
9 Permits & Other Licenses 1,956,000 838,400 42.9% 1,735,800 2,069,700
10 Transfer from Municipal Street Aid Fund 673,100 333,000 49.5% 673,300 673,400
11 Fines & Police Revenue 746,600 312,100 41.8% SRO's-6 months paid; Fines are down 652,000 679,100
12 Police Extra Duty Fees 500,000 161,900 32.4% 541,600 497,200
13 Transfer from Police Grant Funds 60,000 50,000 83.3% 159,600 239,800
14 Court of Chancery Fees 1,350,000 561,100 41.6% December fees not yet received 1,123,700 1,343,000
15 Transfer from Water/Wastewater Fund 900,000 456,000 50.7% 850,000 875,000
16 Transfer from Civil Traffic Penalties Fund 511,800 247,000 48.3% Dec ERLSP not yet received 442,800 463,600
17 Library Revenues & County Reciprocal Pymt 400,000 185,800 46.5% 419,700 380,600
18 Franchise Fees 688,100 173,600 25.2% Q2 franchise fees not yet received 510,600 690,800
19 General Fund Grant Receipts 545,000 234,600 43.0% 572,500 554,200
20 Recreation Revenue 150,000 73,400 48.9% 183,200 169,000
21 Other Miscellaneous Receipts 153,900 109,300 71.0% 173,600 230,000
22 Interest Income 138,000 40,900 29.6% 172,100 154,500
TOTALS $ 42,931,000 $ 27,807,700 64.8% $ 42,299,200 $ 42,534,100
Final Budget $ 41,936,100 $ 42,223,500
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CITY OF DOVER City Council Meeting
January 22, 2018
FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018
2 of 2
QUARTERLY REVENUE REPORT
As of December 31, 2017
50.0%
FY18 YTD % BUDGET FY16 FY17
WATER/WASTEWATER FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 5,914,600 $ 3,080,600 52.1% $ 5,457,100 $ 5,776,100
2 Wastewater Fees 3,768,000 1,857,700 49.3% 3,745,500 3,718,700
3 Wastewater Adjustment Fees - County Trtmt 2,952,900 1,453,100 49.2% 2,936,800 2,912,700
4 Groundwater Inflow Adjustment 1,899,700 929,200 48.9% 1,878,100 1,863,200
5 Water Impact Fees 231,000 518,800 224.6% 238,000 672,100
6 Wastewater Impact Fees 209,000 467,400 223.6% 207,500 611,800
7 Water Tank Space Leasing 391,400 168,600 43.1% Timing of rent payments 338,000 376,200
8 Interest Income 11,400 15,400 135.1% 4,600 15,700
9 Other Miscellaneous Revenues 61,000 21,400 35.1% 70,000 86,100
TOTALS $ 15,439,000 $ 8,512,200 55.1% $ 14,875,600 $ 16,032,600
Final Budget $ 15,037,500 $ 15,467,200
50.0%
FY18 YTD % BUDGET FY16 FY17
ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 79,656,000 $ 42,349,200 49.3% $ 77,844,900 $ 80,624,300
2 Distribution of Earnings (6,176,700) (3,318,500) 0.0% - (1,845,900)
3 Utility Tax 1,236,200 650,300 52.6% 1,309,700 1,322,000
4 Transfer from Rate Stabilization Reserve - - 0.0% 750,000 -
5 Miscellaneous Revenue 765,700 362,800 47.4% 1,211,600 921,900
6 Interest Income 216,300 74,700 34.5% 65,700 218,000
TOTALS $ 75,697,500 $ 40,118,500 53.0% $ 81,181,900 $ 81,240,300
Final Budget $ 81,830,400 $ 79,428,600
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DEPARTMENT OF POLICE
Marvin C. Mailey 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
Fax: 302-672-1842
January 22, 2018
Ms. Traci McDowell
City Clerk
Dover City Hall
P.O. Box 475
Dover, DE 19903
Dear Ms. McDowell:
The Police Pension Plan Retirement Committee Board term of Retired Captain Larry Gray will
expire on January 31, 2018. Pursuant to Section 18-47 of the pension plan, a request for
nominations was posted with an announcement of election to fill the vacancy on December 6,
2017. One nomination was received, therefore, no election will be held
I hereby nominate Retired Captain Larry Gray to serve a three-year term on the Pension Board,
commencing February 1, 2018 and ending January 31, 2021, subject to confirmation of a voting
majority of City Council.
If you need additional information, please call me at (302) 736-7100.
Sincerely,
Marvin C. Mailey
Chief of Police