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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 12, 2019 at 7:30 p.m. with Council President Hare
presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce,
and Mr. Taylor. Mr. Lindell and Mr. Slavin were absent.
Staff members present were Major Stump, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Deputy Fire
Chief O'Connor, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present (departed at 7:43 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that Council
was not in official session and could not take formal action.
Mr. Michael L. Herman, Galena Maryland, advised that he was working on his graduate thesis on
providing services for homeless veterans. He explained that although housing is being provided,
there is no comprehensive system in place that provides home ownership or financial counseling.
Mr. Herman stated that he was working with a multitude of state and local organizations, as well as
colleges, to find ways to provide skills training for the veterans to help them become productive
citizens. He noted that they would be holding a conference at Wilmington University in October for
all of the stakeholders to give a brief five or ten minute talk centered around brainstorming.
Mr. Herman advised that the end goal is to come up with a plan and then go for funding and grants
to build for the homeless veterans an entire community where they live, where they can work, where
they are trained, and where they have community meetings. He provided a handout outlining his
thesis work (Exhibit #1) and invited everyone to attend the conference.
Mr. Anderson thanked Mr. Herman for his work and research and asked if he had contacted People's
Place, Mike Rowe's Veteran's Division, or others. Responding, Mr. Herman stated that he had
reached out to them and probably four dozen other organizations. He noted that they are also
working on receiving input from the homeless veterans regarding their thoughts and needs.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Cole and carried by a
unanimous roll call vote (Lindell and Slavin absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 22, 2019
The Minutes of the Regular Council Meeting of July 22, 2019 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Cole and bore the written approval of Mayor
Christiansen.
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CERTIFICATE OF RECOGNITION - RESTORING CENTRAL DOVER INITIATIVE
The City Clerk read the following Certificate of Recognition into the record:
CERTIFICATE OF RECOGNITION
presented to
Alleyah Sheay Kendell Washington Denisha Jones
Dyiamod Waters Jason Cruz Tyshawn Sheay
Darryl Sheay Mesiah Waters
for dedicating your summer to enhancing the Dover Community by assisting the
Restoring Central Dover Initiative. The City of Dover extends sincere appreciation
for your public service.
On behalf of the Mayor and Council, Mayor Christiansen and Councilmen Anderson and Sudler
presented the Certificates of Recognition.
RECOGNITION OF SERVICE - THOMAS S. HOLT - PLANNING COMMISSION
(FEBRUARY 1987 - AUGUST 2019)
On behalf of members of Council, Mayor Christiansen presented Mr. Thomas Holt with a Dover Cup
in recognition of his service on the Planning Commission from February 1987 through August 2019.
DOVER HUMAN RELATIONS COMMISSION REPORT - JUNE 20, 2019
The Dover Human Relations Commission (DHRC) met on June 20, 2019
at 6:00 p.m. with Chairman Gaddis presiding. Members present were Mr. Fleming,
Mrs. Herbert, Ms. Mullen, and Mr. Rocha. Ms. Mishoe Paige was absent.
ADOPTION OF AGENDA
The agenda was approved by unanimous consent.
Discussion and Revisions to the DHRC Strategic Plan
Mr. Gaddis discussed the history of the four (4) election districts, including one (1)
predominantly made up of minority groups. He stated he was not sure when the
Dover Human Relations Commission was formed. Mr. Fleming noted there was an
incident that occurred within the City that was behind the formation of the Dover
Human Relations Commission.
Mrs. Herbert reviewed Chapter 58 - Human Relations of the Dover Code.
Mr. Fleming stated he believed the commission was developed to nip problems
before they got out of hand. He noted that there was an intake form for complaints
that the Commission would review and then schedule a meeting with the complainant
to discuss the issue and try to resolve it. He stated there was not an intake form
anymore.
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Ms. Mullen questioned why the Commission existed, noting that it seemed that the
Commission could do nothing, as with the past incident that was referred to the
State’s Human Relations Commission.
Mr. Rocha stated that members have to know the Code so when a situation occurs
they know whether the situation needs to go through Dover Human Relations
Commission or if they need to boot it up to the State. He noted the DHRC could do
some form of vetting.
Mrs. Herbert stated that the strategic plan tells members what they are suppose to do,
but that some things within the plan are ludicrous. She stated that she did not mean
that the plan was not a good idea, but that it was asking a lot with basically a four (4)
or five (5) person committee. Mrs. Herbert noted that the plan asks a lot of citizens
as opposed to professionals in an area like that to do it. She stated they were
wonderful ideas, but would not want to be handed the job.
Ms. Mullen asked that if the Commission could make a revision that anytime there
is an issue, especially in Dover, that the issue should go through the Dover Human
Relations Commission first instead of going to the State because the commission
represents the communities.
Mrs. Herbert noted that the State only handles housing discrimination and
discrimination with accommodation and once in awhile the State will do something
about disabilities. Mrs. Herbert noted that the State gave her a list for the DHRC’s
use when handling complaints. She noted that as an ex-social worker she felt that
they should help the person network but that may be beyond anything they were
allowed to.
Mr. Gaddis reviewed section II of the DHRC Strategic Plan 2015-2018. Mr. Gaddis
stated he had problems with the word “how” regarding the strategic plan. He read
paragraph two involving segments of the community and asked how is the
Commission going to do that. He stated that at the moment the Commission was
made up of five (5) members and that Council has not seen fit to fill three (3)
vacancies. He noted that according to Section II, Mission, of the Strategic Plan the
Commission works with the City Council and City Administration to anticipate,
prepare for and resolve incidents of inter-group conflicts and disputes within the City.
He stated that their strategic plan said they were suppose to be involved in dissipating
and resolving any City dispute, but they were sidestepped.
Mr. Rocha stated that it was too much information for a mission statement, which
should be something they can memorize.
Mr. Gaddis stated that there was a request to modify the mission statement in early
2017 to make it briefer. He noted that he and former member Theodore Henderson
came up with a variation to the mission statement. Mr. Gaddis stated that Ms. Paige
also made a couple of modifications with him. He noted that Ms. Paige also worked
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with a former member to review more of the mission statement but the commission
has not resolved it. Mr. Gaddis stated that the idea was to make the mission
statement brief enough to make sense on the DHRC brochure.
Mr. Fleming stated that City Council had gradually reduced the Commission’s ability
to get out into the community by limiting where they can meet and how often.
Mr. Fleming asked how can people get to the commission with their concerns and
noted that they do not have an intake form anymore. Mr. Rocha suggested
submitting the intake form with the strategic plan to Council.
Ms. Mullen asked if it would be possible to post notices for DHRC Meetings on
DoverTV. Ms. Janella Tauchus, Administrative Assistant, stated that every meeting
is posted on the City’s website and at the entrance of City Hall. Ms. Tauchus also
noted that an email is sent out every time meeting information is posted or updated
on the City’s website, but that she would check on having the DHRC meeting times
and any cancellations posted on DoverTV.
Ms. Mullen noted that she had to prepare an elevator speech to share with
Homeowner’s Associations and it was like a mission statement condensed enough
that someone could share it in an elevator. Mr. Rocha noted that the elevator speech
should be the Commission’s mission statement.
Mrs. Herbert stated that the mission statement listed on the DHRC Strategic Plan
2015-2018 tries to tell them what they do, how they do it, and who they do it for, but
it does not say why they exist. She noted that the Commission’s goal was to make
Dover a safe and livable community for all of its citizens.
Mr. Rocha stated that it could be a mission statement and then talk about the mission
statement through the paragraphs, but the mission statement itself should be like an
elevator speech. He noted something one to two sentences, three at most, and then
they can capture the essence of three sentences and talk about it.
Mr. Gaddis stated that he would work with Mr. Rocha on shortening the mission
statement to bring forward at the next DHRC meeting scheduled for July 18, 2019.
Mrs. Herbert stated that one of the things she was working on with Ms. Mullen was
to promote and encourage communication and cooperation between all groups
interested in bettering human relations in the City. She stated that they have not
gotten a group together and noted that they always talk about all the churches, but
there are other groups that want to better the City.
Ms. Mullen noted that she wanted to have a community gathering on the Green and
that City Council said no.
Mr. Rocha stated that there are a lot of policies for that and that he understood. He
noted that he was trying to figure out how members are saying “no we can’t” and
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maybe that might not be the way to go but they have to figure out, or at least
coordinate with City Council to find out what, based on the Code the Commission
can do because the way he read it, it does not limit them to anything.
Mrs. Herbert stated that Ms. Mullen has tried to do outreach and stated that it should
not be that hard. She noted that the hardest thing is finding somebody willing to do
it.
Mr. Gaddis stated that they should present their ideas to City Council as a
Commission, not as individual members. Mr. Rocha stated that maybe City Council
does not want the Commission to sponsor, host, or be the face of the whole event.
Mr. Gaddis stated that there is a lot in the mission statement that was determined for
the years 2015 through 2018 that they are suppose to be doing, but there are things
that they cannot do. He noted not just because Council may not be letting them, but
they are nine (9) people. He stated that they have all kinds of long term objectives
and mission components under the mission statement. Mr. Gaddis reviewed the
DHRC Strategic Plan 2015-2018, subsection Long-term Objectives, B.1.
Responding to Mr. Gaddis, Mr. Fleming stated that they can invite representatives
from each of the groups that they can identify to come in and speak to the
Commission, but they would need to come to a meeting. Mr. Gaddis stated that was
one of the problems.
Mr. Fleming noted that back in the day the Human Relations Commission was
instrumental in getting weekend bus service because people came in and said they
really needed a way to get around on the weekends and busses did not run.
Mr. Fleming stated that they got individuals to come in from Chesapeake Utilities
during the winter months to talk about how someone could cut their bill. He noted
that they should go to the homeless shelters, have dinners, and get out and mingle,
but they have not been able to do that because they have to meet at City Hall four (4)
times a year.
Mrs. Herbert stated that when Ms. Mullen was discussing the unity day, it would not
have been the Commission putting it on, but a group of citizens who wanted to see
better relationships getting together and doing it. Ms. Mullen noted that it was an
opportunity for members to educate communities on what the Commission does, why
they exist, their purpose, and mission. She stated that the Code is a bunch of words,
like a law, but a law that is not enforced is just a bunch of words on a piece of paper.
Mrs. Herbert stated that based on the City’s Code regarding the Dover Human
Relations Commission they could pick three (3) or four (4) things that they felt they
could really do. She stated she had trouble with the research and writing up
programs, noting that it was too much to ask. Mrs. Herbert noted that she could not
believe that they have not been able to get together a group of people who care about
the relationship of their citizens in Dover. She stated that they are willing to work
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to create better relationships and noted that she believes the reason why people were
leaving the Commission was because they could not figure out what they are suppose
to do to get people to know the Commission exists. Mrs. Herbert stated that if people
do not know they exist, they cannot help them or be proactive on their behalf.
Referring to Chapter 58 - Human Relations, Article II. - Human Relations
Commission, Sec. 58-31. - Purpose - (4) Issues, Mr. Rocha stated from his
perspective the word “offered” means that the Commission does not have to conduct
the programs or services. He noted that the Commission can refer to People’s Place
or other similar places and the Commission does not have to do the work, but they
should have relationships with organizations to do the work and advocate for them.
Mrs. Herbert stated that she had an issue with Sec. 58-36. - Power and duties - (5)
Research, education, etc.
Responding to Mr. Gaddis, Mr. Rocha stated that he was looking at the City’s Code
to use to create a basis. Mr. Rocha noted that they could create their own strategic
plan as long as it aligns with the City Code. He noted that if they submit their
strategic plan he suggests having a meeting with Council members because Council
has responsibilities of appointment. Mr. Rocha noted that each council person from
each district should be the recruiters. He noted that if Council needs to hold a forum
in their district they could invite Commissioners to come and talk to the citizens.
Mr. Rocha noted that if someone volunteers to be a Commissioner, they should be
filling those slots.
Mrs. Herbert stated that she has gotten very frustrated because she feels that the
Commission could make a big difference in the City if they were allowed to actually
know what they were doing and that the strategic plan has to agree with the City’s
Code, but it does not have to be so cumbersome or confusing. She noted that she
does not see anything in the plan that would have kept Ms. Mullen from having
somebody come speak or having an event. Mrs. Herbert asked how to do outreach
if you do not deal with people.
Mr. Rocha stated that the Code tells members to do community outreach because
they want to prevent things from happening, to build a cohesiveness. He noted that
if members develop their own relationships with Council in some form or fashion,
once they get the strategic plan done, Council will get a better understanding based
on their relationships on what they intend to do. He stated that if they do it on their
own and have meetings and submit ideas there is a disconnect and that they need to
bring Council in. Mr. Rocha noted it was good seeing Mayor Christiansen at a
previous meeting. He suggested sending a letter to Council and inviting them to one
of the DHRC meetings.
Mrs. Herbert stated that she hoped to do a roundtable style meeting with Council.
Ms. Mullen stated that she has a relationship with two of her Councilmen and that
all she would have to do is just request them to attend.
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Mr. Fleming stated that the people that started the demise of the DHRC are gone and
that this is what they are stuck with now. Mr. Rocha stated that they have to bring
it back together. Mrs. Herbert stated that if the demise came five years ago, the
current people will not know that it is any different than it was five years ago.
Mr. Rocha stated that he could not find the Chapter 58 - Human Relations section of
the City’s Code by navigating the City’s website. He suggested having at least
Chapter 58 - Human Relations, Article II - Human Relations Commission, Sec. 58-31
- Purpose listed on the DHRC section of the City’s website.
Mr. Gaddis suggested members divide into groups of two (2) or three (3) and work
on the Long-Term objectives listed on the DHRC Strategic Plan 2015-2018, analyze
the sections and revise them to bring back to the next DHRC meeting scheduled for
July 18, 2019. Responding to Mr. Rocha, Mr. Gaddis stated that the next meeting
would be a regular meeting. He stated that the concept for the groups is to look at the
objectives and eliminate or simplify each one so that the strategic plan is something
the commission can do. Mr. Gaddis stated that they are going to have a revised
strategic plan if it takes members one or two meetings to deal with it. He stated that
the Commission spends time complaining about what has happened in the past, what
hasn’t worked, and why they are disgruntled. Mr. Gaddis stated that they should get
something together that they can get gruntled about.
Mr. Fleming stated that the intake form was mentioned on a previous brochure. He
noted that if the Commission is going to put a new brochure together then they want
the community to have access to them. Responding to Ms. Mullen, Mr. Fleming
stated that the Commission would disseminate the brochure to people and that it
could be picked up from City Hall.
Mrs. Herbert stated they do not want to make it hard and that when she attended a
meeting at the State, they went into executive session and everybody had to leave
except the Commissioners because the person that was going to speak did not want
the people that were there to know what she was going to talk about. Mr. Fleming
noted that when they used intake forms it was just the individual and the Commission
who had the complaint.
Responding to Mrs. Herbert, Mr. Fleming stated that people would fill out an intake
form and they would talk to them whether they thought they had an issue or not.
They were trying to come up with fair treatment.
Responding to Mr. Rocha, Mr. Fleming stated in the past if someone showed up to
Open Forum they had an intake form or gave them one. He noted they would hear
the complaint but not at that time.
Responding to Mr. Rocha, Mrs. Herbert stated that it was explained to her that they
could go into executive session if there was something that they needed to talk about
that was not appropriate for the other people.
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Mr. Fleming noted that he would like to suggest to Council that DHRC should have
the ability to meet outside of City Hall. He stated that the Commissioners are wanted
out in the community and that they are not allowed to do that. Mr. Rocha noted that
he did not understand how Commissioners were not allowed and that in the Code
they are allowed until it is changed and voted on. Mr. Rocha stated that he could not
see how Council could tell them they cannot do this and they cannot do that.
Responding to Mr. Rocha, Mrs. Herbert stated that if they were meeting to conduct
business they had to have the meeting at City Hall and have a quorum, but if
members decide to show up someplace or they are working with another group,
sponsoring something, then it is not a meeting, but an activity.
Mr. Gaddis stated that they were going to get that issue clarified.
Mr. Fleming moved for adjournment, seconded by Mr. Rocha and unanimously
carried.
Meeting adjourned at 7:05 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission
Report, seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin
absent).
DOVER HUMAN RELATIONS COMMISSION REPORT - JULY 18, 2019
The Dover Human Relations Commission (DHRC) met on July 18, 2019 at 6:00 p.m.
with Chairman Gaddis presiding. Members present were Mr. Fleming, Mrs. Herbert,
Ms. Paige, and Mr. Rocha. Ms. Mullen was absent.
ADOPTION OF AGENDA
Mr. Fleming moved for approval of the agenda, seconded by Mrs. Herbert and
unanimously carried.
Review Ordinance #2013-15 Amending Chapter 58 - Human Relations
Mrs. Herbert reviewed Ordinance #2013-15, Section 58-31(5) - Intergroup conflict.
She noted that she could see a large community, like the people with the Downtown
Dover Partnership (DDP) and things like that, working to relieve the community
tensions, but to her it speaks to maybe more than the Commission could actually do.
Mr. Gaddis stated that it was what City Council wanted from the DHRC in 2013.
Mrs. Herbert stated that she believed it was too much, unless they had the police and
medical people and everybody else helping the Commission anticipate conflict,
which would be great, but it would be very easy for a group of four (4) or five (5)
people to have difficulty with that.
Mr. Fleming noted that if City Council adopted some of the recommendations that
the Commission was going to present based on their meetings over the last couple of
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weeks with Mr. Gaddis, then perhaps it would be easier for members to meet that
obligation.
Mrs. Herbert asked where Mr. Fleming thought they needed to get the information
to meet that obligation. Responding, Mr. Fleming stated that one of the things they
were looking at was the intake form. He noted that if they were allowed to continue
and approve intakes, they would normally get ahead of a problem.
Mrs. Herbert stated that she was not opposed to intake forms, but was opposed to
starting out with the intake forms. She noted that she thought members needed to
know who they are and what they are doing before they start passing out intake
forms. She noted that if members get an intake form, the person at the other end of
it expects members to do something with it and they have to be prepared.
Mr. Gaddis stated that one of the things that has bothered him since he became a
Commissioner was the fact that all they do is meet and talk amongst themselves and
do not seem to do anything. As Mr. Rocha mentioned, including the wording from
Ordinance #2013-15, Section58-31 - Purpose, would remind Council that they
decided what they wanted members to do and members have not been either able to
or allowed to do what Council charged them with. Mr. Gaddis stated that he got
together with Mr. Fleming and they had a couple of ideas about getting together and
figuring out intergroup conflict or at least finding out who the groups are.
Mr. Gaddis stated that to him it is one of the biggest questions.
Ms. Paige stated that she shared Mr. Gaddis’ frustration, noting that members come
and meet and spin their wheels. She advised that they had Mr. Nicholas Rodriguez,
City Solicitor, come in and she still does not understand what members are supposed
to be doing with the intergroup conflict. Ms. Paige noted that if the City is looking
for members to come to them or come to the police and say you know, such and such
is going to be protesting tomorrow or something is about to happen, she stated she
is not the one necessarily for that.
Mr. Fleming noted that he and Mr. Gaddis were going to put together a list, not of
demands, of suggestions to send back to City Council for approval. He noted that if
that is the case, then he thought members should do that because they came up with
some pretty good ideas, but to put those in writing and submit them to City Council
to get sort of a new start on the Commission.
Member Reports - Revisions to the DHRC Strategic Plan, Section IV -
Long-Term Objectives
Mr. Gaddis stated that members were starting to talk about revisions to the City of
Dover Human Relations Commission Strategic Plan 2015-2018 because it has not
been done. He noted that the strategic plan was supposed to have expired in 2018
and it was time that members got to work on it. Mr. Gaddis noted that he was hoping
over the next couple of meetings at least to try to come to some sort of consensus and
synthesis as to a new or revised strategic plan that takes care of members’ concerns
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and enables the DHRC to do things instead of just meeting once a month or four (4)
or five (5) times a year.
Mission Component - Subsection A (Gerald Rocha and Alan Gaddis)
Mr. Rocha stated that he worked on shortening the mission statement with
Mr. Gaddis quite a bit. He stated that the DHRC is to foster the philosophy of
inclusion, intergroup cooperation and fair treatment in draft form. He stated that he
broke out the five (5) goals that members will work towards and they came basically
right off of the ordinance. Mr. Rocha stated that the DHRC works to promote and
develop an environment of fairness, acceptance and mutual respect among its
citizens; works to develop ways to measure and monitor community relations,
particularly those that are sources of the intergroup conflict; works to involve all
segments of the community and understanding and appreciating the benefits of
positive and respectful intergroup relations, works to offer a range of programs and
services that will help its residents and neighborhoods prevent and resolve issues of
human relations. He stated that number five (5) of course is to develop ways of
anticipating, preparing for and relieving community tensions arising from intergroup
conflict.
Mr. Gaddis stated to get more specific, one of the things he looked at with Mr. Rocha
was that the concept of long term objectives repeat each time and he stated that he
and Mr. Rocha agreed to get rid of the words long term and restate their objectives
in such a way that they are achievable things that members can do or feel they can do.
Mr. Gaddis reviewed a handout titled “Diversity Research Project Repeated,”. He
stated that the diversity research project was available online and that the handout
included the questions that were asked. Mr. Gaddis noted that, according to what he
read, numbers one (1) through five (5) were online questions. He stated that in the
study, it did not specify in the response sections to whom questions six (6) through
nine (9) were directed. Mr. Gaddis stated that questions 10 - 20 went to the Human
Resources Director. He noted that once members get their strategic plan revised, he
wants to rerun that questionnaire not every three (3) years but at least once.
Mr. Gaddis stated there are things that Council is going to have to allow members to
do and enforce members to do when it comes to talking with people within City
government and that could be a bit of a problem. Referring to IV. Long-Term
Objectives, Mission Component A.2, he advised that when former member
Theodore Henderson first broke members down into committee chairs, Mr. Gaddis
was “Government chair,” and he tried to get in touch with the Chief of Police. He
stated that the Chief could not find time to get together with him and Mr. Gaddis’
time was free. He stated that members need to have a little bit of reinforcement from
City Council or perhaps eliminate A.2.
Mr. Rocha suggested having a meeting with Mrs. Donna Mitchell, City Manager, to
have a discussion on how she can help the Commission. He stated that Mrs. Mitchell
would be able to assist the Commission in particular to Mission Component -
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Subsection A. Mr. Rocha noted that the City Manager would be the conduit to
helping members achieve what they are looking for.
Mission Component - Subsection B (Sarah Herbert, Wanda Mullen, and Rita Mishoe
Paige)
Mrs. Herbert reviewed a handout titled “City of Dover Human Relation Commission
Strategic Plan,”. She stated that Long-Term Objectives B.1 was the first thing
members should do in order to be able to carry out the objectives of B. Mrs. Herbert
stated that Mission Component - Long-term Objectives B.4 was removed because she
and Ms. Mullen did not feel that was appropriate for a layman Commission to do.
She noted that they felt that if somebody wanted an external education process, they
really needed to look into getting people who actually did it for a living.
Mr. Rocha stated that he agreed with removing Mission Component - Long-term
Objectives B.4. He noted that once the Commission is up and running and completes
what they have already talked about and refreshes the strategic plan, they could add
Mission Component - Subsection B.4 later, not as far as implementing it, but
monitoring a program that maybe something happens within the City.
Mission Component - Subsection C (Gerald Rocha and Alan Gaddis)
Mr. Gaddis reviewed Mission Component - C. He stated that one of the
malfunctions that members might have is defining when a diversity inclusion occurs.
Mr. Gaddis noted that one of the things they discussed would be to reinstate and/or
modify the intake form so that members are aware of when something happens. He
stated it's the awareness that is the biggest problem with implementing C.1. and
suggested combining C.1 and C.2. Mr. Gaddis suggested making sure in the strategic
plan that members know what exactly the State Human Relations Commission
responsibilities are. He noted that the DHRC was bypassed regarding recent issues,
as far as trying to refer it to Council, to the City, or to the State Human Relations
Commission. Mr. Gaddis stated that possibly because Council or the Mayor or
whoever was the first one to get the four (4) letters of that situation did not know that
they were supposed to refer it to DHRC members, for them to refer it to the State.
He noted that it was a bypass.
Mrs. Herbert stated that she knew Ms. Nancy Maioff, State Human Relations
Commission Liaison, would be willing to come and talk to DHRC members about
what the State does at any time. Mr. Rocha stated that members know their
limitations, then when something happens within the City, they should be able to
determine whether or not it should be forwarded to the State because the DHRC was
bypassed in the last situation. Mrs. Herbert noted that she knew the State only
handled discrimination regarding accommodation and housing.
Mr. Gaddis reviewed Mission Component - Subsection C.3. He stated that looking
at the City’s ordinances from 2019 and back, it is a lot to look through and some of
it may have nothing to do with discrimination or anything along that line.
Mr. Gaddis suggested eliminating C.3. Ms. Paige stated that she would not want to
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eliminate C.3 because she believes that members being concerned with whether or
not the City has a diversity plan is one of the most important areas. Members need
to be concerned about the City’s hiring practices, employment practices, employees
rights in the grievance process, what happens if employees have a complaint within
City employment, even beyond Human Resources and if they are not satisfied there.
She noted that those are the things that she thinks that the DHRC needs to be
concerned with. Ms. Paige stated that members also need to be able to hear
complaints, which they have been told they cannot hear. She noted that if it is a
matter of training, they could make a provision for members to get the training.
Responding to Mrs. Herbert, Ms. Paige stated she did not know why they are
collecting information from people who wanted help if the Commission was unable
to hear complaints.
Mr. Gaddis stated that members have been told they cannot hear complaints despite
the fact that there is an ordinance that says they have certain authorities. Mr. Gaddis
asked Ms. Paige to put her comments on paper to replace C.3. He noted that could
be a big help, trying to get it down, of employer-employee relations and so on and
instead of having one member or all of them collectively trying to go through all of
the ordinances, to focus on something that focuses on discrimination.
Mr. Fleming stated that he thought that would come about if they have access, or they
are allowed to talk with the different departments within the City to find out how they
function, and what some of their procedures are to guarantee fair hiring practices and
things like that. He noted that members have not been able to do that.
Responding to Mrs. Herbert, Mr. Gaddis stated that he did not think any of the
members knew if the City had a lot of employees with the Unions or if most are non-
Union. Mrs. Herbert noted that it would fit in with it, but she agreed with Ms. Paige
that this was an area that should be looked into. She noted that she also agreed with
Mr. Fleming, that people should start coming in and talking to members about what
they do and how they do it. Mrs. Herbert reviewed Mission Statement - Subsection
C.4 and noted that members have to identify, in particular, community organizations
and that comes up under D. Mrs. Herbert noted that members have to come up with
something that persuades City Council to say, "Yeah, you're allowed to do this."
Mr. Rocha reviewed Ordinance #2013-15, Section 58-36. Powers and duties.
Mr. Rocha noted there are seven (7) of the powers and duties that members are able
to do. Section 58-36 (4) - Complaints, sounds as though members may be able to do
an intake of a complaint, and come to a determination, and then send it up to the
State Commission for it to be heard.
Mr. Gaddis noted that attending mediation training and being exposed to People’s
Place was beneficial for him. He stated that People’s Place has references from
different sources and he was told that there are many ways to resolve conflict without
putting somebody in jail or keeping somebody’s dog off another person’s property.
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 13
Mr. Gaddis stated that it should be something members should include in Mission
Component - Subsection C.4.
Competency Transparency and Accountability - Subsection D (Paul Fleming and
Alan Gaddis)
Mr. Gaddis reviewed Competency Transparency and Accountability - Subsection D
of the DHRC Strategic Plan 2015-2018. He stated that members cannot provide an
update of the Commissions’ activities because they cannot do anything.
Mr. Fleming stated that he worked with Mr. Gaddis about including or adding a
statement saying that Council members will identify individuals in their district to
serve on the DHRC. Mr. Fleming suggested having a chart with each district,
including which Council members and DHRC Commissioner that serve in that area.
He noted that members have been asking for a long time for Council to send them
names. Mr. Fleming stated that it is the City Council’s job to identify members in
their community that they would like to serve. Mr. Fleming noted that changing or
adding that sentence would put a little pressure to get their Commission filled. He
noted that the Commission meets with two (2) or three (3) commissioners and that
there are districts not represented.
Mr. Gaddis noted that the Second District is not represented and that he spoke with
Mayor Christiansen at a get-together a few months ago to get the newly elected
representative to find two (2) members, but it has not happened yet. Mr. Rocha
stated that he spoke with Councilman Ralph L. Taylor, Jr. two (2) weeks ago and that
he forwarded Mr. Taylor the City Ordinance on what the DHRC does so that
Mr. Taylor could present it to his wife. Mr. Rocha stated she has it in her possession
and he talked to her a little bit about what the Commission does. Mr. Rocha stated
that he thought Mr. Taylor may be appointing his wife as a possible replacement for
former member Theodore Henderson. Mr. Rocha noted that Mr. Taylor said he was
going to actively look for his second individual.
Mr. Fleming stated that Competency Transparency and Accountability - Subsection
D.2 would be contingent upon some of the requests that they are going to eventually
make to City Council to redefine what the Commission does, how they do it, and
what they are allowed to do. He noted that those things would become more self-
evident.
Mr. Gaddis stated that members needed to get their flyer out once they know what
they are doing. He noted that he was not sure how, but suggested having a mass
mailing to every address in the City so that people in the City know that there is a
Human Relations Commission. Mr. Gaddis stated that it is conceivable that the City
gets a break on postage so it would not be as expensive. He also suggested getting
a public service announcement on the radio. Mr. Gaddis noted that it was not hard
to do if they were dealing with a religious-based organization and they could send
them a quick note. He stated that getting to the religious organizations was a start
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and that they also have other affiliations that they could use as a way to branch out
and find out who they are talking about.
Mrs. Herbert stated that one of the suggestions for Subsection B would be finding out
who would be appropriate for members to join with. She noted that one of
Ms. Mullen’s suggestions was to start inviting groups in to give them 15 minutes or
so to tell members what they do, and what they can contribute. Mrs. Herbert noted
that there are some groups that do not want to be involved, members won’t ask to
come.
Mr. Gaddis stated that he would like each pair or trio to come up with firm and ready
to implement terms to fit what they would like the strategic plan to look like for the
next DHRC meeting.
Discussion - Intake Form
Mr. Fleming moved to defer this item to the next scheduled DHRC meeting, due
to time constraints, seconded by Mrs. Herbert and unanimously carried.
Proposed Revisions to DHRC Brochure - Mission Statement
Mr. Fleming moved to defer this item to the next scheduled DHRC meeting, due
to time constraints, seconded by Mrs. Herbert and unanimously carried.
Mr. Fleming moved for adjournment, seconded by Mr. Rocha and unanimously
carried.
Meeting adjourned at 6:58 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission
Report, seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin
absent).
COUNCIL COMMITTEE OF THE WHOLE REPORT - JULY 23, 2019
The Council Committee of the Whole met on July 23, 2019 at 6:00 p.m., with
Council President Hare presiding. Members of Council present were Mr. Anderson
(arrived at 6:02 p.m.), Mr. Neil, Mr. Cole, Mr. Taylor, and Mr. Lindell. Mr. Sudler,
Mr. Slavin, and Mr. Polce were absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Mr. Garfinkel (Safety
Advisory and Transportation), and Mr. Contant and Mr. Shevock (Legislative,
Finance, and Administration). Mr. Shelton (Safety Advisory and Transportation)
was absent.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 15
ADOPTION OF AGENDA
Mr. Anderson requested the deletion of item 2A, Bicycle and Pedestrian
Subcommittee Recommendations, Sponsoring Event - Paris to Pittsburgh, noting
that he had concerns about considering the item before members had a link to view
the movie.
Mr. Anderson moved to delete item 2A, Bicycle and Pedestrian Subcommittee
Recommendations, Sponsoring Event - Paris to Pittsburgh. The motion was
seconded by Mr. Hare and unanimously carried.
Mr. Anderson moved for adoption of the agenda, as amended. The motion was
seconded by Mr. Neil and unanimously carried.
Update - Safety Issues at the Library
During the Council Committee of the Whole/Safety Advisory and Transportation
Committee meeting of June 25, 2019, consideration of this item was deferred.
Mr. Zachery Carter, 248 Mifflin Road, Chair of the Dover Public Library Advisory
Commission, and a past member of the Delaware Council on Libraries, expressed
concerns regarding the locking of the bathrooms at the Library, explaining that he did
not think it was an answer for security issues. He noted that the former library
building was an approximately 17,000 square foot building with two floors open to
the public, and full-time security guards when the building was open. Mr. Carter
stated that the new library building is 46,000 square feet with three floors open to the
public, and security is not typically present whenever the building is open and when
security is present, it is typically only one person. He stated that he thought the area
is too large for the staff to be responsible for any security issues that occur, noting
that their job is to serve the public using the facility. Mr. Carter reminded members
that the former library building had a counter on the door and approximately 1,000
people entered the building each day and, although, the new library building doesn’t
have a counter, he thought there were more people entering the building each day as
a result of the passport services, larger conference area, and expansion of the teen
area. In regard to the locks on the bathrooms, Mr. Carter shared that he attended a
meeting at the library about a month ago and an older man with mobility issues was
in attendance and needed to use the restroom. He explained that he did not think the
man would have been able to make it to the circulation desk to get the key and back
to the restroom in time, noting that Ms. Margie Cyr, Library Director, was there and
escorted the man to the staff bathroom. Mr. Carter stated that he did not think there
were a lot of security problems at the library, based on the police records. He noted
that a few incidents occurred there recently; however, there was no security present
at those times.
Mr. Taylor stated that he had visited the Library and spoke to several staff members
regarding the bathroom issues, who relayed that the bathroom being locked was one
of the best things that ever happened, indicating that drinking and drug usage had
decreased, so he supported the locking of the bathrooms. He noted that the most
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significant issues he had heard of were related to inconsistency with the employees
and the rules, as well as homeless individuals sleeping with their feet on furniture,
loudness, and lewd acts. Mr. Taylor noted that the Police Department Cadets are at
the Library from 12:30 p.m. to 8:30 p.m. and he firmly believes that the Department
will do the absolute best job that can be done.
Mr. Cole noted that he serves as the Council liaison to the Dover Public Library
Advisory Commission and they had discussed the activity that had been occurring at
the Library during their meetings over the last few months and locking the bathroom
doors was done to help alleviate the issues. He noted that Mrs. Donna Mitchell, City
Manager, had discussed an alternative approach to tackling the issues during the
Commission’s last meeting and, depending on how that approach is developed, he
thought the Library would be in a better position moving forward.
Mr. Anderson stated that he did not like the idea of having locks on the bathrooms
for the reasons outlined by Mr. Carter; however, he reluctantly supports it because
it provides a way to balance security and allow accessibility.
Mrs. Mitchell informed members that she met with the Dover Public Library
Advisory Commission to try to alleviate some of their concerns and staff had made
some progress in the manner in which the Library bathroom facility keys are handled.
She indicated that she had talked to others, including Mr. Mike Petit de Mange, Kent
County Administrator, regarding how they handle library security. Mrs. Mitchell
explained that Kent County does not have security at their library because they do not
have walk-in traffic like the City; however, they did experience some issues at their
recreation center, so Mr. Petit de Mange used the state contract and hired an armed
security guard. She noted that they also have a guard at the Kent County Levy Court
building for security and the guard is certified by the Council on Police Training
(COPT). Mrs. Mitchell stated that she presented this alternative to the Library
Commission and Major Timothy Stump, Dover Police Department, who is on board.
She advised that if the City chooses to hire an armed security guard rather than
continue to utilize the Cadet Program for the Library, a guard would be there from
open to close and would be there for the protection of the public as well as for staff.
Mrs. Mitchell proposed that the City hire armed security guards and see how it
works. She explained that there is a little more than $60,000 budgeted for the three
(3) cadets and, based on the contracted hourly rate, the armed security guard would
cost approximately $85,000 to cover all of the hours for the Library. She stated that
she will have to find the additional money in the budget to cover this expense;
however, she thought it would be worth trying, noting that she was hoping it would
allow them to discontinue the temporary solution of the locks on the bathroom doors.
Mr. Neil asked if the cadets who were currently stationed in the Library would be
able to go out and patrol and help the Downtown Dover Partnership once the armed
guard began at the Library. Responding, Mrs. Mitchell reminded members that there
were nine (9) cadets budgeted, of which six (6) are scheduled for downtown and
three (3) for the Library. She explained that there were currently three (3) vacant
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 17
cadet positions and she had asked Major Stump if he would hold off on hiring those
positions until after this matter is resolved.
Mr. Anderson stated that he agreed with Mrs. Mitchell’s proposal, noting that he
thought the Cadet Program had been a tremendous benefit to the City but that they
are better on the street and in the parks than in the Library since there are not enough
cadets to cover all of the Library’s hours. He explained that the Cadet Program had
been so successful that many cadets had been hired by various police forces including
the City’s and it’s hard to keep the positions filled. Mr. Anderson suggested that the
cadets could still patrol the perimeter of the Library as part of their downtown patrol.
In response to Mr. Anderson, Mrs. Mitchell stated that he believed that the armed
security guards did have arrest powers. Mr. Taylor expressed concern, explaining
that he knows that the Dover Police officers and cadets are going to arrest when it’s
necessary and communicate with the citizens. He stated that he can support the
proposal as long as the guidelines are very clear. Responding, Mrs. Mitchell stated
that staff would ensure that the guidelines are clear and offered to share them with
him to review. Mayor Christiansen noted that he would like to participate as well,
since he is in charge of the Police Department and the responsibility for public safety
is ultimately his. In response, Mrs. Mitchell stated that she would love for him to
participate.
Ms. Jill Street, 500 Troon Road, read the following statement:
Councilmembers and Believers in Dover,
I come to you today as a long-time member of this community and appointed
member of the Library Advisory Council. I am a mother of 4 young children, ages
6, 4, and 2 year old twins. I am a previous employee of Capital School District and
current weekend employee with Bayhealth’s Speech Language Pathology department.
My parents settled here in the early seventies after a transfer to DAFB from their
native Kansas. I am a proud graduate of Dover High School, Clemson University,
and the Univ of Tenn - Knoxville. And I believe in Dover.
I frequent the library with my 4 children. We know most staff and volunteers by
name. At check out, part of our routine is "counting the cadets" who "keep us safe".
I have brought my children as newborns there, breastfed and potty trained, and hope
to continue to access a pillar of the downtown community.
In recent months, it has come to my attention through the Library Advisory Council,
that some incidents have led to a series of events. As a library council we have
discussed solutions. I have thought of my safety and that of my children.
I do not feel dead bolt locks on the doors was the best solution to safety for all. This
is not about locks or bathrooms though. It is about how people feel downtown,
specifically at the library. I do believe that we are at a time that there is a need for
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 18
increased security at the library. If we do not change perceptions, or some sad
realities, that there is a problem with how people feel when they come to downtown,
I believe that we will see a further decline.
I would like to see Council support a minimum of 3, my notes originally say guards
or cadets, I know there’s debate about paid, not paid, power of arrest, no power of
arrest, and our already stretched police force, so a minimum of three people, to be
decided by people who know better than I, to patrol all 3 floors and 46, 000 square
feet and three floors including breaks, bathrooms, etc., during all business hours.
Believing in Dover means not ignoring the realities that exist in our community
today. For us to continue to “Believe in Dover” and encourage it's continued
economic development, we must change this feeling and have all community
members accessing the library. With increased security, my hope is that not only will
the library thrive, but grow and expand its affect on the positive things that are here.
Mr. Lindell moved to recommend giving Mrs. Mitchell the authority to go forward
to research a better way of doing business at the Library and to bring it back to the
Committee, seconded by Mr. Garfinkel.
Mr. Hare expressed his support for the armed security guard at the Library.
At the request of Mr. Cole, Ms. Susan Elizabeth Cordle, introduced herself
explaining that she had just moved from Georgia at the end of April and was now the
new Head of Youth Services at the Library. She stated that she helps oversee all
programs related to children and teens. Mr. Cole asked if they were seeing an
increase in teens at the Library. In response, Ms. Cordle advised that the Library was
extremely short-staffed, and the teens were struggling as a result. She stated that they
were currently in the process of filling three (3) vacant positions: a part-time
Librarian I, a part-time Library Assistant, and a full-time Library Assistant.
Ms. Cordle advised that they had selected someone for the Librarian I position;
however, that individual was not able to follow through, so they would be starting
over. She advised that once the positions are filled, staff will be concentrating on the
teen area, explaining that there was currently a strong team in the children’s area.
Mr. Neil moved to call the question, seconded by Mr. Lindell and unanimously
carried.
The motion to recommend giving Mrs. Mitchell the authority to go forward to
research a better way of doing business at the Library and to bring it back to
the Committee was unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin absent).
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 19
Bicycle and Pedestrian Subcommittee Recommendation - Adoption of By-Laws
Mrs. Donna Mitchell, City Manager, informed members that the Bicycle and
Pedestrian Subcommittee had drafted a set of by-laws which they adopted in May
2014. She stated that the City would prefer not to have by-laws for a subcommittee
but to revert back to the original motion for the approval of the subcommittee by
Council. Mrs. Mitchell advised that Council approved the creation of a Bicycle and
Pedestrian Committee consisting of five (5) City residents that would be advisory to
the City, Dover/Kent Metropolitan Planning Organization (MPO), and Safety
Advisory and Transportation Committee (SA&T), with participation from City
departments, Delaware Department of Transportation (DelDOT), and the Dover/Kent
MPO. She explained that she thought that the City needs the input of the Bicycle and
Pedestrian Subcommittee; however, preparing agendas and minutes for the formal
meetings in compliance with the Freedom of Information Act (FOIA) and attending
the meetings requires a lot of extra staff time. Mrs. Mitchell asked that it be an
advisory committee as originally intended and approved by Council in 2012, without
having separate by-laws. She noted that she was not aware of any other City
committees with separate by-laws, only separate 501(c)(3)’s that the City had
established that have by-laws.
Mr. Anderson noted that other City organizations and commissions, including the
Dover Human Relations Commission, have their own by-laws which were approved
by Council. Responding, Mrs. Mitchell advised that the difference was that those
groups were not subcommittees of a Council Committee of the Whole (CCW)
Subcommittee like the Bicycle and Pedestrian Subcommittee.
Mrs. Mitchell informed members that the City was the only community in Delaware
with a committee like this. She noted that Newark has two (2) bicycle groups that
are separate 501(c)(3)’s that serve in an advisory capacity but are not part of a council
subcommittee. Mrs. Mitchell explained that the groups hold their own meetings and
then go to the city to discuss their transportation projects.
In response to Mr. Anderson, Mrs. Mitchell explained that the by-laws state that the
Subcommittee will have seven (7) members who are a mix of people who are
frequent bicyclists or pedestrians; however, Council approved a subcommittee of five
(5) members that are city residents, to be appointed by the SA&T chair after
discussion with staff and never approved the by-laws. Mr. Anderson noted that even
though Council did not approve the by-laws, they approved the individual
appointment of the members. He asked if she would have any objection to Council
changing the number of members to seven (7) in order to keep all of the current
active members. Responding, Mrs. Mitchell stated that she did not have any
objection to the number of people if Council doesn’t, noting that her concern is that
all of the members are city residents and that the Subcommittee go back to Council’s
original intention. Mrs. Traci McDowell, City Clerk, noted that Subcommittee
members are appointed by the SA&T chair and the appointments are not brought to
Council for approval.
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 20
Mr. Anderson asked if city resident would apply to someone within the corporate
limits of Dover or a Dover address. Responding, Mrs. Mitchell explained that city
resident would mean within the corporate limits of Dover.
Responding to Mr. Hare, Mrs. Mitchell confirmed that no other subcommittees have
by-laws or can dismiss members.
Mr. Gerry Pennington, Bicycle and Pedestrian Subcommittee Chair, informed
members that when he was appointed to the Subcommittee they were operating under
the by-laws adopted by the Subcommittee on May 6, 2014 and he was not aware that
they had not gone before Council.
Mr. Chris Asay, Bicycle and Pedestrian Subcommittee member, stated that he had
served on the Subcommittee since its creation. He recalled that staff had initially
suggested five (5) members and a subsequent public meeting was held regarding the
bicycle committee that was so well attended that it was suggested to increase the
number of members to seven (7); however, according to the minutes, there was no
formal motion. Mr. Asay stated that shortly after that time, those who volunteered
to serve received an email from the former Director of Planning and Community
Development, Mrs. Ann Marie Townsend, announcing that the Subcommittee would
consist of seven (7) members and listing them. He explained that the Subcommittee
had always had seven (7) members unless there was a vacancy, and the purpose of
formulating by-laws was simply to provide a mechanism for replacing members who
were no longer active. Mr. Asay informed members that one of the original members
only attended the first couple of meetings and then stopped attending but did not
resign, so they had trouble obtaining a quorum.
In response to Mr. Taylor, Mr. Asay stated that he did not recall whether or not they
used the mechanism in the by-laws for removing that original member. He advised
that since that time, they had not needed to use it because members had formally
resigned. Mr. Taylor explained that the by-laws were not approved by the City, and
if the mechanism were used, the liability could be devastating.
Mr. Asay stated that he thought that the Bicycle and Pedestrian Subcommittee had
been able to achieve their accomplishments over the past six (6) years because they
were a subcommittee of SA&T. He explained that in 2013, they began meeting twice
a month in order to meet the League of American Bicyclists’ application deadline for
status as a bicycle-friendly community. Mr. Asay noted that they were able to submit
that application because of their connection to the City and, although the application
was not approved in 2013, they were provided feedback for improvements and were
awarded bike-friendly status in 2017. He stated that they were also able to develop
pedestrian and bicycle plans because of the connection to the City. Mr. Asay
informed members that their bicycle plan helped further their goals towards
becoming a bike-friendly community and set significant priorities for the construction
of bicycle paths that were conveyed through the City to DelDOT and the Dover/Kent
MPO.
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 21
Responding to Mr. Neil, Mr. Asay explained that when there is a need to replace a
member of the Subcommittee, they make a recommendation to the SA&T chair and
the chair usually selects that individual. Mr. Taylor noted that he had attended a
Subcommittee meeting and this process had occurred; however, upon submitting an
individual’s name to City staff, it was determined that the Subcommittee consisted
of five (5) members, not seven (7), so there was not technically a vacancy.
Mr. Neil asked whether the Subcommittee needs the help of City staff for their
clerical work or if they could function without it. In response, Mr. Asay stated that
he would leave that to the judgement of the City Clerk or someone else who
understands FOIA requirements. He noted that City staff attends their monthly
meeting which lasts one (1) hour, prepares the minutes, creates the agenda for the
next meeting, and archives the information in the City records.
Mr. Anderson stated that he thought a positive good had been accomplished because
they are a subcommittee that reports to the CCW/SA&T Committee and Council and
has kept members informed in ways that an advisory committee might not. He noted
that he is very skeptical of committees that keep their own records because it creates
issues and he did not think the City should go that way. Mr. Anderson stated that he
thought that the City should continue to recognize the importance of the
Subcommittee and work out the details.
Mr. Lindell moved to recommend the acceptance of staff’s recommendation to go
back to Council’s 2012 intent for the Subcommittee, seconded by Mr. Neil.
In response to Mr. Taylor, Mr. Lindell clarified that the intent of his motion was for
five (5) members. He explained that he thought the more members you add to a
committee, the more you get away from the purpose and overall productivity of a
committee, and since the Subcommittee has open public meetings, anyone can attend
and comment on the agenda items if they are interested.
Mr. Hare asked if Mr. Asay was attending meetings on behalf of the City, noting that
the Dover/Kent MPO and staff from various state agencies had contacted him to ask
whether Mr. Asay was representing the City. Responding, Mr. Asay explained that
he is also a member of the MPO Public Advisory Committee (PAC) and when he
attends the MPO meetings, he does so as a member of the MPO PAC and speaks as
a citizen.
Mrs. Mitchell clarified that the Subcommittee had done a lot of work and she did not
want to discount it; however, she explained that the good work would have been
done whether or not they were connected to the City because their goals and
accomplishments are included in the City’s Code, Comprehensive Plan, and
Council’s goals.
Mr. Taylor noted that Mr. Asay stated that the Subcommittee utilizes City staff for
one (1) hour per month and asked whether staff had exceeded that hour. In response,
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 22
Mrs. Mitchell stated that staff had exceeded one (1) hour per month and they’ve
asked to allow more overtime. She noted that she was unsure whether it was
necessary to have monthly meetings since some of the items were repetitive and she
wasn’t sure if the Subcommittee was subject to FOIA requirements. Responding,
Mrs. McDowell stated that she would have to check with the City Solicitor, because
she was not sure the Subcommittee is subject to open meeting laws since the
members are not confirmed by Council.
Mr. Taylor advised members that he had communicated with Mr. Hare,
Mr. Pennington, and Mr. Asay and it had been made clear that Mr. Taylor would be
the individual to represent the City in any necessary meetings. He stated that
Mr. Asay agreed to keep him informed and take him with him whenever there is
something of importance to be done.
Mr. Anderson moved to amend the motion to allow up to seven (7) members with the
filled positions counting as quorum, seconded by Mr. Cole.
Mr. Neil stated that he did not know how essential it was to have seven (7) members
since they have open meetings and anyone can participate.
Mr. David Moses, Bicycle and Pedestrian Subcommittee member, noted that he had
also served on the Subcommittee since its creation and they had always worked with
seven (7) members. He stated that every member had contributed a unique set of
skills that enabled the Subcommittee to accomplish what they had for the City.
Mr. Moses noted that the Subcommittee had achieved bicycle-friendly status in the
City, partnered with Capital School District to teach bicycle safety, and held events
in coordination with the City’s Parks and Recreation Department. He stated that he
had personally donated resources, funding, and tuition, and all of the Subcommittee
members had donated thousands of hours in the past seven (7) years to do good
things that bring value and taxpayers into the City. Mr. Moses informed members
that he thought that having 10 members on the Subcommittee would better serve the
City; however, with seven (7), they are able to divvy up the responsibilities and come
back to every meeting better prepared. He noted that their former chairman was not
a City resident; however, he brought a lot to the table and helped them accomplish
a lot, which Mr. Moses thought was more important. Mr. Moses expressed his
concern that instead of looking at the value of the Subcommittee, the cost to the City
and whether members are City residents were becoming issues. He explained that
the City has the potential to earn additional revenue through the bicycle-friendly
status and the safer communities for pedestrians and bicyclists that members of the
Subcommittee work on tirelessly with no compensation.
Mr. Lindell stated that he did not think anyone was questioning the worth of the
Subcommittee, noting that the successes could be seen all around the City. He
explained that if reaching a quorum was a concern, having five (5) members would
make is easier to obtain the quorum requirement and he was looking at it as a best
practice to keep it the way it was intended. Mr. Lindell stated that if there was a
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decrease in productivity as a result, then members could reconsider the number of
members.
Mr. Jayce Lesniewski, Bicycle and Pedestrian Subcommittee member, noted that he
had also served on the Subcommittee since its creation. He stated that former
Councilman Hutchison presented the idea of increasing the number of Subcommittee
members to seven (7) during the SA&T Committee meeting of January 30, 2013
because of the level of interest expressed. Mr. Lesniewski explained that although
the proposal to increase the number of members was not approved by the Committee,
there had always been seven (7) members dedicated to the Subcommittee and he did
not think the City should reduce it to five (5).
The motion to amend the original motion to allow up to seven (7) members with
the filled positions counting as quorum was carried with Mr. Lindell voting no.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin absent).
Mr. Hare asked whether the Subcommittee had thought of becoming a corporation
like the Newark bike committee, so they could control all the money they earn and
what they do with it. He stated that if they formed a 501(c)(3), they would no longer
be affiliated with the City but could still make recommendations. He explained that
they would be able to adopt by-laws and have complete control over the number of
members. In response, Mr. Moses indicated that the Subcommittee had not thought
about that because they did not think there was anything wrong with the current
structure. He stated that he thought that the Subcommittee had been very valuable
to the City, noting that it was certainly much more valuable than the time it takes to
pay a clerk to make sure that they are doing things the right way and their time and
efforts are documented properly. Mr. Moses advised that the Subcommittee had only
had a problem obtaining a quorum once or twice and the benefit of having seven (7)
people with different abilities and skill sets to divvy the work among was much more
important than obtaining a quorum.
In response to Mr. Moses comments, Mr. Neil explained that if they have dedicated
people who want to volunteer, they do not have to be members to be involved. He
reminded them that anyone is welcome to attend public meetings and if they put
people to work who are interested in helping, then they will be ready to step in if a
vacancy occurs.
Mr. Hare stated that he thought the Subcommittee had done a lot of good things but
reminded them that they cannot do things on their own without Council approval.
Responding, Mr. Taylor advised that he had communicated with everyone on the
Subcommittee, so they are all aware that any information that needs to be
disseminated to Council should be provided to him.
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 24
The motion to recommend acceptance of staff’s recommendation to go back to
Council’s 2012 intent for the Subcommittee, as amended to allow up to seven (7)
members with the filled positions counting as quorum was carried with Mr.
Lindell voting no.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin absent).
Mr. Neil moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 7:07 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell
presiding.
ADOPTION OF AGENDA
Mr. Taylor moved for adoption of the agenda, seconded by Mr. Shevock and
unanimously carried.
Establishment of a Community Certificate of Honor Program for Homeowners’
Associations (HOAs) to Recognize Exceptional and/or Longtime Service to the
HOA (Neil)
Mr. Neil requested consideration for the establishment of a Community Certificate
of Honor Program for homeowners’ associations (HOAs) and civic associations to
recognize exceptional and/or longtime service to the HOA. He noted that the
purpose of the Honor Program is to encourage participation in association activities
and to honor those who have provided longtime service. Mr. Neil provided members
with a sample Third District proclamation, explaining that he and Mr. Cole often
recognize individuals on special occasions with one of these unofficial documents.
He stated that members can already request certificates of recognition; however, he
suggested sending notices in the electric bills to inform people that they can submit
a bio to the City Clerk’s Office to determine if an individual should be recognized.
Mr. Lindell stated that he thought it was a good idea; however, he did not know
whether the City needed to establish a program for it since members could already
request to have certificates of recognition prepared and placed on an agenda. He
noted that establishing a program would add another thing for the Clerk’s Office to
do.
Mr. Taylor stated that he believed this was a very good idea and asked if this would
be a strain on the City Clerk’s Office to take on this project. Responding, Mrs. Traci
McDowell, City Clerk, stated that this project would definitely be more work. She
explained that it would not be up to her to decide who should or should not be
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 25
honored. Mrs. McDowell reminded members that the Awards Committee reviews
nominations for awards of the City of Dover Medal and if the City were to establish
this program, a similar committee would need to be established to do the evaluations.
Mr. Anderson thanked Mr. Neil for his proposal, indicating that he thought it was
meant to ensure that individuals in the city who are often unseen and unnoticed but
put a lot of time and effort in to valuable work, get the proper due. He stated that he
thought this proposal was worthy of further discussion and expressed his hope that
it would also include the very valuable work done by neighborhood watch groups.
Mr. Contant stated that he understood the HOAs going unappreciated, explaining that
the people in the neighborhoods do not like dealing with the HOAs, and the people
on the boards don’t like serving; however, someone has to do it. He noted that he
thought civic associations, neighborhood watch organizations, and local churches
have huge impacts. Mr. Contant suggested that the City could continue their current
practice of Council members requesting certificates without additional work to the
City Clerk’s Office or having an additional committee to review applicants, which
would save resources.
Mrs. McDowell advised that the request form for ceremonial documents was
currently available on the City of Dover website, under “Government,” and then
“Ceremonial Documents.” She stated that this was not in lieu of a committee but an
existing option.
Mr. Neil stated that he was not insistent upon having a committee, but hoped that this
would serve as a reminder to members of Council that the opportunity to recognize
people exists and spur interest in making sure those people are honored for their
service to the community.
Mr. Anderson stated that members also have the option of presenting certificates
during specific events, noting that in the past the City Clerk’s Office had prepared
certificates for him to present at graduations, church events, championship playoff
games, etc. instead of during a Council meeting.
Mayor Christiansen noted that he and former Councilman Fred VanSant developed
the idea and criteria for the City of Dover Medal in 1990. He stated that he thought
Mr. Neil had a great idea because there are a lot of great people who do a lot of great
things in the city community and deserve recognition; however, he was not sure a
committee was needed.
Mr. Neil stated that this matter was brought forward for the purpose of discussion
and, if it began to pick up, they could do something about it later.
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CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 26
Proposed Ordinance #2019-17 - Amending Appendix C - Downtown
Redevelopment and Appendix D - Downtown Dover Business Improvement
District (Sponsor: CCW/LF&A Committee)
Mr. Neil noted that Proposed Ordinance #2019-17 was recommended by Mr. Slavin
and suggested deferring consideration of the ordinance due to Mr. Slavin’s absence.
Mr. Neil moved to defer consideration of Proposed Ordinance #2019-17 until
the next Committee meeting that Mr. Slavin is available to attend. The motion
was seconded by Mr. Taylor and unanimously carried.
Proposed Ordinance #2019-18 - Amending Chapter 2 - Administration, Article
IV - Officers and Employees, Division 1 - Generally, Section 2-201 -
Compensation and Expenses for Mayor, Council, and Other Elected or
Appointed Officials (Sponsors: Slavin and Neil)
Mr. Neil reviewed proposed Ordinance #2019-18, explaining that this amendment
would eliminate the Compensation Commission. He indicated that Council terms
were increased from two (2) years to four (4) years; however, there was no change
to members’ salary. Mr. Neil stated that he thought that members should make the
decision regarding their salary, noting that they cannot immediately benefit from it,
due to the way the law is written. He noted that members put a lot of time into their
positions and he thought that the cost of becoming a member of Council is beyond
what members are compensated. He stated that he believed members could keep an
eye on the money and the cost of carrying out their duties.
Mr. Neil moved to recommend adoption of Ordinance #2019-18, seconded by
Mr. Hare.
Mr. Anderson stated that he favored the elimination of the Compensation
Commission because the City’s Charter has a proper safeguard which requires an
election before any potential raises take place, so the voters are the check and balance
to prevent any abuses of the system. He noted that the Compensation Commission
was a well intended mechanism; however, it was difficult to get individuals to
volunteer to serve and, due to bureaucracy, it had not really worked. Mr. Anderson
stated that with the tax increase, he did not think Council would be proposing any
raises in the next few years.
The motion to recommend adoption of Ordinance #2019-18 was unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin absent).
Mr. Hare moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Shevock and unanimously
carried.
Page 27
CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 27
Meeting adjourned at 7:27 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Taylor and unanimously carried.
Meeting adjourned at 7:27 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin
absent).
MONTHLY REPORTS - JUNE 2019
By motion of Mr. Neil, seconded by Mr. Cole, 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
EMERGENCY REPAIR - KURT DRIVE PUMP STATION
Mrs. Donna Mitchell, City Manager, reminded members of the failure of the Kurt Drive Pump
Station in July and advised that proposals had been received for the repairs.
Staff recommended approval of all necessary components of the emergency repair, with minimum
anticipated costs of $200,000. Costs would be incurred from Teal Construction, Inc., Advanced
Rehabilitation Technology LLC, Sawyers Sanitation Service, Xylem and Freemire & Associates.
Mr. Neil moved for approval of Staff’s recommendation, seconded by Mr. Cole and carried
by a unanimous roll call vote (Lindell and Slavin absent).
REAPPOINTMENT/APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN
- PLANNING COMMISSION
Mayor Christiansen recommended the following reappointments/appointments to the Planning
Commission:
John H. Baldwin, Sr. - Fourth District Representative - Three-Year Term to Expire
June 1, 2022 (Reappointment)
Robert Hartman - Second District Representative (to fill the unexpired term of
Thomas Holt - term to expire June 1, 2021) (Appointment)
Page 28
CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 28
By consent agenda, Mr. Neil moved for approval of the reappointment/appointment to the
Planning Commission, as recommended by Mayor Christiansen. The motion was seconded
by Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin absent).
SPECIAL ELECTION TO FILL VACANCY - ROBBINS HOSE COMPANY - TERM TO
EXPIRE DECEMBER 31, 2019 - SECOND FIRE LINE CAPTAIN - DAVID CAREY
In accordance with the City Code and the By-Laws of the Robbins Hose Company members elected
David C. Carey to serve as Second Fire Line Captain for the Year 2019, by the Secretary’s Ballot.
By consent agenda, Mr. Neil moved for acceptance of David C. Carey as the Second Fire Line
Captain for Robbins Hose Company No. 1 for the Year 2019. The motion was seconded by
Mr. Cole and carried by a unanimous roll call vote (Lindell and Slavin absent).
FIRST READING - PROPOSED ORDINANCE #2019-18
Council President Hare 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. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
September 9, 2019.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
#2019-18 - Amending Chapter 2 - Administration, Article IV - Officers and
Employees, Division 1 - Generally, Section 2-201 - Compensation and Expenses for
Mayor, Council, and Other Elected or Appointed Officials (CCW/LF&A Committee)
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, advised that Staff was preparing for Comic Con on Saturday.
Referring to the County sewer project, she noted that Garden Lane had been reopened and work was
continuing on route 13 between the McDonald's near Home Depot and just north of the Delaware
State University entrance.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson thanked the Dover Police Department, the Dover and Little Creek Fire Departments,
and everybody else who made the National Night Out a success.
Mr. Anderson announced that Destiny Christian Church would be having a book bag giveaway at
noon on Sunday and DEMCO will hold one on Sunday the 25th. He suggested contacting those
organizations or looking at his Facebook page, David Anderson for Dover, for more details.
Mr. Sudler thanked the Downtown Dover Partnership, Ms. Tina Bradbury, and the Dover Parks and
Recreation division for the movie night that was held on Kirkwood Street a few weeks ago. He
noted that it was a great event attended by a very diverse group of individuals from all ages and
ethnicities.
Page 29
CITY COUNCIL MEETING OF AUGUST 12, 2019 PAGE 29
Mr. Hare wished Mayor Christiansen a Happy Birthday on September 4th and reminded members
that the August 26th Council meeting and August 27th Council Committee of the Whole meeting had
been canceled. He noted that the next meeting would be held on September 9th.
Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:51 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of August 12, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\08-12-2019 Council Minutes.wpd
Exhibits
Exhibit #1 - Michael Herman Handout - Master’s Thesis
Page 30
EXHIBIT #1
Regular Council Meeting of 08/12/2019
3 € Z ...C )U --7~l)----8
Michael Herman "n r'/:e-~er-_ t:<r? /Z '3" /~Q_( ce<pf Wilmington University
Master's Thesis: Providing New and Unique Housing and Living options for Veterans and their families
As part of his requirements for his thesis for his Master's Degree at Wilmington University
(WilmU), Michael Herman is working with the University and various Veterans' organizations seeking
strategies to provide novel high-quality strategies for housing Veterans including skill training and
education for the purpose of preparing them for sustainable home ownership. We are working with
Veteran organizations, politicians, Wilmington University, financial institutions, and grant providing
agencies to come up with unique solutions to housing Veterans. Dr. Clinton Robertson, Director at
WilmU is Mike's mentor and instructor for this project. This is critical as the program will have the
backing of the University which is also working on related community improvement projects in central
Delaware. The overreaching goal is to develop new and unique housing and living opportunities that
go beyond how services are currently being delivered.
We believe the most common method of providing housing for these groups are not as effective
as they could be, because all aspects of providing housing and services are not considered. The
premises of this initiative are:
1. Delaware has been battling the homeless crisis and, we believe, not providing the most
comprehensive housing and living opportunities for Veterans.
2. This is a solvable problem. As we begin building these new communities and learning what
works best and what needs "tuning", we plan on rolling this out in multiple communities
throughout the State of Delaware.
3. The current method of providing housing for these individuals is not delivering the best possible,
most comprehensive services to the clientele being served.
4. Too often, providers have only been able to implement services in segments when a more
comprehensive effort is needed.
5. The current method of providing housing does not always consider the aspect of preparing our
Veterans to become or remain productive members of society.
6. The Voice of the Customer (VOC), which is the most important aspect of driving a new initiative
such as this, is critical and yet not being listened to.
7. Veterans, our communities, and stakeholders will benefit from bringing unique housing
methods and systems to those in need in Delaware.
8. As part of this project, we intend to partner with the non-profits in this sector, the State of
Delaware and local communities, politicians, Wilmington University and any other related
parties that can provide value to this initiative.
9. By holding conferences, hosted by Wilmington University, we believe we can gain valuable
insight to the issues surrounding the homeless Veterans.
10. Mike Herman and WilmU do NOT claim to have all the answers. The conferences we hold will
focus on brainstorming new ideas for solving the homeless crisis for these clientele mentioned
here.
11. We plan on using the Six Sigma tool, PDCA (Plan, Do, check, Act) to insure we not only develop
the best opportunities but that we continue to improve the concept in each new community
moving forward.
Page 31
Comprehensive Veterans Housing and Living
Agencies Providing
Grant Providing Veterans
Housing to Political Allies
Agencies Organizations
Veterans
I I
Comprehensive Veterans Voice of The
Housing Agencies Housing and Living Customer (VOe)
Community 6-Sigma
Wilmington
Grant Providing Community
University and Educational -
Agencies Involvenemt
other Institutions
,.