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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole was held by video conference on September 15, 2020 at 6:00 p.m.,
with Council President Hare presiding. Council members present via video or telephone were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Cole (arrived at 6:50 p.m.), Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mr. Slavin
was absent. Civilian members present via video or telephone for their Committee meetings were Mr. Contant
(Legislative, Finance, and Administration), Mr. Caldwell (arrived at 6:12 p.m.) and Col. Dix (Ret.) (Parks,
Recreation, and Community Enhancement). Ms. Maucher (Utility) and Mr. Shevock (Legislative, Finance,
and Enhancement) were absent.
UTILITY COMMITTEE
The Utility Committee met with Council President Hare presiding in the absence of Chairman Cole.
Adoption of Agenda
The agenda was adopted by unanimous consent.
Update #2 on Development of Provisions and Ordinances for Wireless Communications Facilities -
Proposed WCF Ordinance and Proposed Small Wireless Communications Facility (SWCF) Design
Manual
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the presentation titled "Wireless Communications
Facilities - Update on Development of Provisions and Ordinances" (Attachment #1).
Staff recommended the review of the Proposed Draft Ordinance and the Preliminary Draft Design Manual
and forwarding them to City Council for a First Reading and establishment of Public Hearing dates with
Planning Commission and City Council. The draft Ordinance will need formatting into proper Ordinance
format and review by the City Solicitor. Preliminary Draft Small WCF Design Manual continues to be
refined.
Responding to Mr. Taylor's questions regarding safety and violations, Mrs. Melson-Williams provided the
following information:
• There is not really a recommended distance between the WCF for safety reasons that they have
found in their research. They are based on some of the needs of technology and some spacing for
proximity to have the system work. The ordinance itself deals more with height, and then if it
is not in the right-of-way and it is on a property, that distance from property lines.
• Most of what they anticipate coming into the City are the Small Wireless Facilities. They tend
to like to locate them on existing poles, whether that is a light pole or a certain available utility
pole that exists in the right-of-way. Currently the ordinance does not have a spacing parameter
as written.
• With it being a zoning ordinance, the violation of one of these ordinances could be a
Code Enforcement matter. There are also some provisions that if it is something that becomes
attached to a City-owned pole that the Master Licensing Agreements with that franchisee could
dictate how they go about removal of unauthorized placements.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 2
• Regarding whose responsibility it is to fix the towers in the event one was to fall, there are some
provisions related to that in the ordinance itself. There is a section about maintenance and care
of facilities and there also would be provisions in the Master Licensing Agreements that deal
with that situation. It may depend on how the pole was actually hit to make it fall.
• Section 23.93 of the ordinance is about construction and repairs in the right-of-way. Work in the
right-of-way typically has to be coordinated with the Electric Department and Public Works.
Item number two talks about in the event of damage, so it does place a responsibility on the
Small Wireless Communication Facility for the costs associated with repair, unless it was related
to a City issue that caused the demise of the pole.
Responding to Mr. Anderson, Mrs. Melson-Williams stated that if a company does not pay the annual fees
there are a couple of ways where annual fees are triggered. She stated that some of that information is found
in what would be the Master Licensing Agreements, use of right-of-way, which is proposed potentially as
another annual fee. Mrs. Melson-Williams noted that there are probably provisions in the ordinance that deal
with the lack of payment, but one of the things they need to sort out is how that whole process works.
Responding to Mr. Sudler regarding private poles, Mrs. Melson-Williams provided the following
information:
• The term "private," could be a pole that, while located within the City right-of-way, the pole
itself is proposed by ownership of a third party, or they could have the placement of a facility.
This process sets up how they deal with each of those, so it depends on where it is and what it
is.
• A lot of the poles that they would find on what they will call "private property" may be owned
by the industry group, and they enter an agreement with a property owner, either to acquire the
land or to lease the space. They could be leasing space on an existing water tower, so they have
a number of leases on the City facilities, whereas the private entity of the Wireless
Communication Facility owner is in some type of ownership or lease agreement with another
property owner or object owner.
Mr. Sudler suggested holding a workshop during this process to inform the citizens of Dover about how it
affects the private-owned poles so that they could have a better understanding as well.
Responding to Mr. Sudler regarding the process of private owners leasing the space, Mrs. Melson-Williams
stated that a lot of times the Wireless Facility owner will go out looking for a place and that it really is a
private matter. She noted that the City does not get involved unless it is a City-owned right-of-way, or a
City-owned building, structure, or pole that they want to be attached to. Mrs. Melson-Williams noted that
it is really out of the City's hands and that it is like making any other real estate deal.
Mr. Neil moved to forward the Proposed Draft Ordinance and the Preliminary Draft Design Manual
to City Council for a First Reading and establishment of Public Hearing dates with Planning
Commission and City Council, as recommended by Staff. The motion was seconded by Mr. Taylor
and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 3
Approving the Form and Content of a Model Master License Agreement for Small Wireless
Communication Facilities Attached to City of Dover Assets
Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis of the form and
Content of a Model Master License Agreement for Small Wireless Communication Facilities Attached to
City of Dover Assets.
Staff recommended the approval of the model Master License Agreement and authorizing the City Manager
to sign agreements with individual carriers.
Mr. Neil moved to recommend approval of Staff's recommendation. The motion was seconded by
Mr. Lindell and unanimously carried.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by Mr. Taylor and
unanimously carried.
Meeting adjourned at 6:38 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding.
Adoption of Agenda
Mr. Lindell requested that item #1 - Equalized Payment Plan Program (also known as Budget Billing) -
Options of the Legislative, Finance, and Administration Committee be removed.
Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried.
Equalized Payment Plan Program (also known as Budget Billing) - Options
This item was removed from the agenda.
Proposed Amendments to the Purchasing Policy
Mrs. Donna Mitchell, City Manager, reviewed the proposed amendments to the purchasing policy.
Staff recommended approval of the recommended changes.
Responding to Mr. Neil, Mrs. Mitchell clarified that Tyler Munis is the new system and HTE is the former
system. She indicated that changing systems would require an amendment to the document. Mrs. Mitchell
noted that it is a policy document and that the reason that they are making the administrative changes is to
change the wording to match the new system.
Responding to Mr. Anderson regarding minority contractors, Mrs. Mitchell stated that the 3% minority
vendor’s preference would apply to all purchasing and that they can require at least one of the vendors under
consideration be a minority vendor or have a letter of justification be a part of the process.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 4
Mr. Hare moved to recommend approval of the recommended changes and a review of the suggestion
made by Mr. Anderson regarding minority vendors. The motion was seconded by Mr. Anderson and
unanimously carried.
Proposed Ordinance #2020-11 - Chapter 46 - Fire Prevention and Protection, Article II - Fire
Department, Division 1 - Generally and Division 2 - Officers
Mr. Tim Mullaney, Jr., President of Dover Fire Department, reviewed the background regarding proposed
ordinance #2020-11 - Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division
1 - Generally and Division 2 - Officers.
Staff recommended the adoption of Ordinance #2020-11.
Fire Chief Ronald Rhodes, Sr. stated that this was going to help them move forward to answer calls and
continue to recruit new members. He noted that it expands their boundaries a little bit to help out and that
he agreed with all of the changes.
Responding to Mr. Sudler, Fire Chief Rhodes stated that they would like to have the first engine on the street
within the first six minutes from the time of dispatch. Regarding any mile constraint in the new proposed
policy that would make a potential firefighter employee ineligible due to traffic safety concerns, Fire Chief
Rhodes stated that depends on the time of day. He noted that, by law, they are allowed to proceed as an
emergency vehicle, but they still have to follow the same rules as an emergency vehicle when it comes to
stop signs, red lights, and speed.
Responding to Mr. Sudler regarding retention rate for firefighter employees, Fire Chief Rhodes stated that
their membership is, as far as demographics are concerned, getting older. They have an influx that once they
complete high school, they go to college or move out of the district. He noted that they have some support
out of the Wesley College students and that with COVID, they lost two of those guys until they just recently
came back. He noted that the membership is a ride along program where they can come up and participate
in their duty crews. There are also times that they have to sound the general alarm and reduce the number
of times that responders will have to respond.
Mr. Taylor stated that the appeals of suspension could potentially be a liability issue for the City. He noted
that if someone feels as though the decisions that are being made are disingenuous, and they are appealing
to the exact same people who they are accusing of being disingenuous, he believes that is a recipe for
disaster. Mr. Mullaney stated that they have a specific appeal process within their constitutional bylaws and
any member that feels as though the punishment that they have been provided for whatever infraction,
whether it was the President or the Fire Chief, because those are the only two that can issue those types of
disciplines, there is an in depth process that they need to follow. Mr. Mullaney stated that it is in line with
just about every other fire department throughout the State, in all big cities, with the exception of the City
of Wilmington.
Mr. Mullaney stated that the process that they have spells out what the actual firefighter can do in any
circumstance. He advised that it goes through a process that has been in place for longer than he has been
a member. Mr. Mullaney noted that he did not remember anybody appealing a suspension to the City,
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 5
because they are attached to the City in a sense, however, the Volunteer Fire Department falls within that
membership and that is where those members appeal to. Mr. Mullaney stated that he understood the
concern of liability. He noted that the number of people that are provided any type of discipline had their
right to appeal it, and most choose not to. Mr. Mullaney stated that if any member had an issue with any type
of discipline that they were provided, that they would follow the bylaws and, if they needed to, take the Fire
Department to court over that. Mr. Mullaney stated that in recent past, they had one incident where that did
occur, the Fire Department was on their own in that sense. He noted that the City did not cover any legal
fees. Mr. Taylor stated that he understood the explanation, but it did not satisfy his concern.
Responding to Mr. Lindell, Mr. Mullaney stated that the Fire Company is incorporated, and they are their
own legal entity as far as that is concerned. Mr. Lindell stated that would address the concerns.
Mr. Hare stated that a lot of this is internal Fire Department procedure and that the Fire Department does
respond to fires that are in City limits, and if there is someone that lives outside of City limits and they are
able to come in, that works. Mr. Hare stated that if the Fire Department gives a two-week suspension to
someone for a violation, they are the ones that know better whether that person should be suspended.
Mr. Hare noted that he trusts the Fire Department, the Chief, and President, and that if they need these
changes to try to attract more members and continue doing it, that was is fine.
Mr. Rocha, regarding the appeal of suspension issue, noted that this is protection or an option for the
suspended member. He stated that he could not see how that would hinder recruitment and did not see why
they should take it out without giving the suspended member an option to make an appeal to City Council.
Responding to Mr. Rocha regarding the verbiage of Section 46-73. - Qualifications. - (a), Mr. Mullaney
stated that it is not correct to assume that only a male can be nominated for the position. He noted that they
had a female Line Officer this current year. He noted that could have been an oversight.
Mr. Neil moved to recommend adoption of Ordinance #2020-11, pending the change of language to make
it gender neutral. The motion was seconded by Mr. Hare.
Mr. Sudler stated that he felt as though their oversight as City Council has been somewhat diminishing
slowly and that he was not comfortable with that. He stated that he cannot support anything that removes
oversight, which City Council has been entrusted to do.
Mr. Hare asked if Mr. Neil, Fire Chief Rhodes, and Mr. Mullaney were okay with leaving the option for the
suspended fire person to appeal to City Council, if they chose. Responding, Mr. Mullaney stated that this
was not solely his or the Fire Chief's decision, noting that the amendments were voted on by their
membership and put forth because that is what the general membership wanted, which would include the
members that would have been suspended and have the potential to be suspended now and in the future.
Mr. Mullaney noted that if the Committee takes an action now based on what they feel is best, and they
would like to retain that verbiage, that is something that he will certainly take back to the company at their
next company meeting to inform them of that change.
Mr. Lindell noted that if membership is unhappy with keeping that in there, they can have further discussion
on it without delaying the other changes that are needed to maintain the strength of their Volunteer Fire
Department.
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Mr. Neil withdrew his original motion of adoption of Ordinance #2020-11, pending the change of language
to make it gender neutral.
Mr. Neil moved to recommend adoption of Ordinance #2020-11, pending the change of language to
make it gender neutral and adding Section 46-46 - Appeal of suspension, back into the original
document. The motion was seconded by Mr. Hare and unanimously carried.
Proposed Amendments - Dover Human Relations Commission (Anderson, Rocha, and Sudler)
Mr. Anderson, Mr. Sudler and Mr. Rocha reviewed the background of the proposed amendments to the
Dover Human Relations Commission (DHRC).
Responding to Mr. Hare, Mr. Anderson stated that he agreed that if both parties to a dispute are outside of
the City, it should go to the State Human Relations Commission. He noted that if one party is in the City and
one party is not in the City, or owns property or a business in the City, then that is City jurisdiction.
Mr. Anderson stated that if both parties voluntarily agree to undergo mediation, then there would be no
issue, and if they do not agree, then the jurisdiction would switch to the State Human Relations Commission.
Responding to Mr. Hare regarding if the DHRC would start working on their purpose as outlined in the
Dover Code and involve segments of the community, understanding, appreciating the benefits of inter group
relations, Mr. Anderson stated that yes, that is part of what meditation does. He noted that the strategic plan
is based upon those factors and that they are endorsing to fulfill the vision that is outlined by the Code.
Mr. Hare stated that the Chair would see the intake form after it has been vetted by Mr. Rodriguez to know
whether it is in their jurisdiction. He noted that he did not think the Commission should address complaints
against the City, City Council, or other City offices. Mr. Rocha responded that it would be under the
purview of the Ethics Commission.
Mr. Sudler stated that his only addition is to make sure that any complaint that is received goes to the Chair,
in addition to legal counsel, simultaneously, because they do not want a Chairperson to be unaware of
anything that was submitted. Mr. Sudler stated that even if it is not necessary, it is out of respect for the
Chair. He suggested that the Chair should be made aware of the scenario and why it did not have merit to
go forward so that they can explain to the constituent.
Mr. Hare stated that did not disagree with Mr. Sudler, but he did not think that it was the Chair's position.
He stated that if someone in the City files a human relations complaint, it should go to the City Clerk's
Office and the Council person whose district it is in, then they should be advised of the complaint. Mr. Hare
stated that it goes to Mr. Rodriguez, then if that person has a question, they will be advised that their Council
person knows about it, it is being vetted, and it will go to DHRC.
Responding to Mr. Taylor, Mr. Sudler stated that if there is a complaint made against an officer or any first
responder it would be handled by internal affairs. Mr. Sudler noted that the Dover Police Department has
their own internal complaint form and it would probably be forwarded to the City Solicitor for advice.
Mr. Sudler noted that people would file with the City Clerk's office, or members would have some intake
forms, but then they would have to give it directly to the City Clerk's office. They would have to file, stamp,
and see if it was within their purview, if it was not, it would go to the proper department.
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Mr. Lindell stated that one of the issues that is preventing the Commission from maturing as an organization
is the way the membership is broken down and chosen. He noted that they have had two vacancies for a
while and had constant turnover. Mr. Lindell stated that there was a lot of frustration about not having a lot
of direction from Council as far as what needs to happen. Referring to the DHRC minutes of May 27, 2015,
Mr. Lindell advised that Mr. James McGiffin, Jr., former Council member, added the idea of interviewing
people, surveys, and creating focus groups on diversity. He stated that those are the types of things he would
like to see the Commission focus on. Mr. Lindell noted that he would like to get this done right and take the
time to do it and he would start with talking to Mr. Rodriguez to see what they can and cannot do and what
conflicts with the State Human Relations Commission. He stated that across the Committees, they need to
bring younger people into the fold.
Mr. Sudler agreed with Mr. Lindell and stated that a part of getting it right is taking the first step. He noted
that this would be a great opportunity to get mediation training for the current commissioners to get them
started and it really would not cost too much of their time or taxpayers' money. Mr. Sudler stated that this
is the echo that they heard in Dover Park with of Dover Human Relations Commissioner Reverend Rita
Mishoe Paige and three to four State and Delaware Central branch City NAACP members and members of
the community.
Mr. Neil stated that they have to start now, and they can enhance later. He noted that this Commission
basically has helped them spread the word that they are doing things right, and for that reason, he is going
to support this recommendation.
Responding to Ms. Lachelle Paul, Mr. Rocha stated that the description of the DHRC’s mission is in the
strategic plan. Ms. Paul expressed her concerns regarding the racial tension issues, not just in the City of
Dover, but all over the country. She noted that the community could actually become a part of helping bridge
the gap so that they can work on things that are more important than the racial tension.
Mr. Sudler moved to recommend approval of the recommendations, seconded by Mr. Anderson.
Responding to Mr. Taylor, Mrs. Mitchell stated that they have a social media employee policy that all
employees have to sign off on every year. She noted that she did not know that they give it to committee
members or Council members, but she would check into that.
Mr. Lindell requested that the motion include their due diligence with legal opinions and that when it goes
to Council, it is off the consent agenda so Councilman Slavin has a chance to respond, if he so desires.
Mr. Anderson and Mr. Sudler both concurred with the addition to the motion.
Mr. Anderson moved to recommend restoration of the intake form (Attachment #2), allowing the
Commission to participate in non-binding mediation, and encouraging participation in community
education. Additionally, allowing the recommendations to be reviewed by the City Solicitor's Office
before the Council meeting, and that the item not be on the consent agenda when it is considered by
City Council. The motion was seconded by Mr. Sudler and unanimously carried.
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Status of Other Post-Employment Benefits (OPEB) and Pension Funds
Mrs. Donna Mitchell, City Manager, reviewed the Status of Other Post-Employment Benefits (OPEB) and
Pension Funds.
Staff advised that it was an information update only.
Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article
IX - Lodginghouses and Article X - Rental Dwellings
Mr. Dave Hugg, Director of Planning and Community Enhancement, and Council President Hare reviewed
the background of Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building
Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings.
Staff advised that it was an information update only.
Mr. Contant asked if they could walk through how this ordinance would actually be enforced and what
actions would be taken. He expressed his concerns regarding some of the nuisance laws that they have had
with rental properties which were never actually used because there was an issue with enforcement.
Mr. Hare reviewed the process, history, and background information regarding proposed ordinance
#2020-05. He noted that, for the most part, it would be complaint-driven but they would have to have a
rental permit.
Mr. Contant asked how they would prove what actually happened if the violation took place on the weekend,
especially when they are dealing with short-term rentals. He noted that they already know they do not have
enough inspectors. Mr. Contant asked, based on subsequent fines, if the property owner does not pay, what
is the City going to do. Mr. Hare stated that if it is an Airbnb and someone files a complaint, they will be
able to go there on Monday and speak to the owner that lives there and say they have received a complaint.
Mr. Contant stated that the property in question that started all of this was not listed on Airbnb. He asked
how the City would address the people who are skirting around the typical channels of finding short term
tenants. Responding, Mr. Hare stated that they can always have the inspectors contact the owners to obtain
a copy of their lease because they are getting complaints, then they tell the owner what the issues are and
if they are not going to address them it goes on from there.
Mr. Contant stated that he was fairly certain that there was no lease agreement in the case that started all of
this. He asked how the City was going to use the ordinance to effectively enforce this on the house that does
not appear to be following proper channels for renting anyway. Responding, Mr. Hare stated that they can
revoke the rental permit until the owner comes in and addresses the questions, and they can start getting
violations, then the violations will build up. He noted that if there is a notice put up that the house cannot
be occupied because there are a certain amount of violations, they cannot occupy the house if they are not
the owner because there would be no rental permit.
Mr. Hugg stated that the ordinance did the following things:
• It enlarges the kinds of violations that could be brought against the property. Using the property
for a rental purpose without a rental license is a code violation on its own. They ultimately have
the power to prevent people from occupying that house if need be.
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• Before that, there are a series of fines and penalties that if they are not paid, they roll over as an
addition to taxes and either they get paid or the property moves through the default process.
• It strengthens the ability of the Police Department to use the provisions that are in the disorderly
premises law.
Mr. Hugg stated that it gives them more tools to bring to bear, but the most important thing it does is, it
would say to the person who owns the property of Stewart Court, because they do not live there, they have
no right to operate it as any kind of temporary, short-term use. The only available option to them would be
to get a regular City of Dover rental license with inspection and meet those code requirements. Mr. Hare
noted that they could be a bed and breakfast too. Mr. Hugg stated they could, but they would have to get a
conditional use and they would have to have the proper underlying zoning, so that would be quite difficult
for them, but it is an option that they could pursue if they really wanted to.
Mr. Taylor stated that it appears that they are going to spend $500 to $1,000 in man hours trying to collect
$100 and that they need to streamline this process. Mr. Hare stated that he thought it would be considerably
more than $100. Mr. Taylor stated that it states in the packet material that the annual licensing fee is $50 and
penalties for violations are $100 for the first offense, $300 for the second offense, and $500 for any
subsequent offense leading up to 24 months of the license being suspended. Mr. Taylor noted that if it is the
weekend and they have to determine whether or not there was a violation that Monday or Tuesday,
code enforcement is already short when it comes to personnel.
Mr. Hare stated that if the ordinance was passed, then the property would need to be an owner-operated
Airbnb or a bed and breakfast property, or a leased rental property. He noted that the violations would not
matter because they can revoke the rental permit. Mr. Hare advised that the fines are strictly what is in there
now, but if the ordinance is adopted and the property has to be either an Airbnb, a bed and breakfast, or a
leased rental property, they are not going to waste time with code enforcement or the police. Mr. Hugg noted
that then it could no longer be occupied by anybody but the owner, so if they revoke the rental permit, no
one can occupy the property legally.
Mr. Neil noted that enforcement would be complaint driven and the complaint would be referred to the
police and they are going to be the initial contact because a complaint had been made about noise or
something else by a neighbor. He stated that if there are no problems to be found, there is no action that the
police or code enforcement are going to have to take. Mr. Neil noted that having these rules and regulations
in place basically gives them some teeth to take action when there is a complaint.
Mr. Taylor stated that he did not disagree with Mr. Neil but noted that if they are talking about police reform,
they do not want the police responding to every single complaint and this would fall well within that. He
noted that it sounded civil and they want the police officers to be more proactive and start handing things
off and not responding to this. Mr. Taylor expressed his concerns regarding man hour costs.
Mr. Hare stated he thought they were missing the point and that this was not about the police. He advised
that the police do not even need to be involved. Mr. Hare stated that this is about the proper licensing of
properties for proper usage. He noted that the Airbnb, hotel, and bed and breakfast owners in the City say
they agree, and they were wondering why some of these properties did not have to meet the requirements
that they have to meet.
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Mr. Lindell asked why they were adding more enforcement mechanisms on top of the licensing when there
were already ordinances that they should be enforcing. Mr. Cole agreed with Mr. Lindell and indicated that
he was confused when they talked about Dover being good for business. Responding to Mr. Cole, Mr. Hare
stated that they did not disagree but that the Airbnb operators and hotel and bed and breakfast owners in the
City do not have a problem with the regulations. He noted that they were asking why some of those
properties did not have to meet the same regulations that they do. Mr. Hare stated that these houses of people
need to meet one of those three requirements.
Responding to Mr. Rocha, Mr. Hare stated that the penalties for violations of $100 for the first offense are
if they are operating without a licensing fee. Mr. Rocha asked for an example of the City revoking the
license. Mr. Hare stated that if someone wanted to rent as an Airbnb or bed and breakfast, once they meet
the requirements, they can get a license. He noted that if that person is not going to do any of that and rent
their house, they get a license for $50.00 and do whatever they want. Mr. Hare advised that if someone
contacted the owner and asked for the lease for the rental property and they did not have it, then they have
a revoked rental license and they have to get one of the other options.
Mr. Anderson stated that he had concerns with the ordinance in the beginning, but with the revision made,
he supported it. He stated that all they were doing was clarifying the law to make sure that these fit in with
the law just like everyone else. Mr. Anderson noted that the revisions that are being made resolved his
concerns regarding people's rights to use their property.
Mr. Lindell moved to recommend that Mr. Hugg draft the ordinance with the proposed changes from
the various groups that he has talked to for an up or down vote at the next Committee meeting, or
when he has it drafted and completed. The motion was seconded by Mr. Anderson and unanimously
carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee
meeting, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 9:02 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding.
Adoption of the Agenda
Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried.
Presentation - Delaware's State University - The Acquisition of Wesley College
Dr. Tony Allen, President of Delaware State University (DSU), reviewed the presentation titled, "Delaware's
State University - The Acquisition of Wesley College,".
Responding to Mr. Taylor, regarding safety, retirees, and vision, Dr. Allen provided the following
information:
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• Delaware State University, since spring of 2020 has kept 200 students on campus and about 100 of
those students would otherwise be homeless and the remaining from very vulnerable communities.
They knew bringing their students would be important, but the only way to do that safely was to have
a full testing protocol and overall protocols that they know work as it relates to mandatory mask
wearing and social distancing, and even how they learn in the classroom.
• They entered a deal with Testing for America, a consultancy full of scientists that built their testing
protocol and have raised significant money for them to make sure that they can afford those tests.
• They have tested 7,000 times and their positivity rate is less than half a percent. They test their
students twice a week and if a student tests positive, they have a residence hall fully dedicated to
their isolation and quarantine. Their instruction is a virtual model and even though they are on
campus, about 85% of their classes they take in a virtual fashion.
• As it relates to Wesley College, they have talked about their plans and he is familiar with some of
their protocols, but they do not mirror one another. Some of that has to do with the fact that in this
year, by protocol, they have to operate as separate institutions, but he has exposed them to Testing
for America. They have reported a couple of cases on campus to date, but they are monitoring that
closely and know that folks who are responsible for each of their campuses talk regularly.
• To his knowledge the acquisition will not affect the pensioners. On DSU's front, there will be no
effect. On the Wesley College front, they have to do a little more due diligence. As they go through
the acquisition, those faculty and staff remaining with the new DSU will have full access to the
benefits that they normally provide their employees and effectively their retirees.
• It is still vision, not yet on paper, but he believes that the Wesley College at Delaware State
University could be a theme college, and that theme could be around health and behavioral sciences.
Their health and behavioral science is made up of public and allied health, for instance, nursing,
social work, psychology, and a lot of translational research as well. Bringing more folks downtown,
one, is important, both as it relates to their students, faculty, and staff.
• Early College High School could actually find a better home in Downtown Dover. That is about
425 students who are good and across the state, they actually recruit a third from New Castle County,
a third from Kent and a third from Sussex.
• When they build capacity, they are thinking about downtown as it relates to economic and cultural
vitalization. If they can build a corridor where it really is a unique opportunity for more young people
to be engaged in downtown activities, more opportunities for experiential learning, across a number
of platforms to go on, and things that they want to have happen.
Responding to Mr. Lindell, regarding Wesley College's employees, Dr. Allen stated that they are still very
early in this process. He noted that Wesley College and DSU's leaders have begun to spend a lot of time
together in the last month and actually have an outside consultant helping them think through what the
configuration will look like. He stated he could not surmise what the final configuration will look like, but
that they think there is a lot of brand equity in the Wesley name. Dr. Allen stated that preserving the name
is important to them and they believe that there are a number of very well developed and healthy programs
Page 12
COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 12
that they can take advantage of. He noted that over the last six years, they have basically stayed flat from a
faculty perspective, even though they have grown significantly from the student perspective. Dr. Allen stated
as they bring on even more students, it is clear that they will need to bring some significant level of faculty
and staff to support the new configuration.
Responding to Mr. Rocha, Dr. Allen stated that as the merge moves forward, local students graduating from
high school will be able to attend with a lower state tuition, which is a unique opportunity. Dr. Allen advised
that they have the Inspire Scholarship and they are able to keep their in-state tuition cost’s low with the four-
year support from the State that pays for half of the student's tuition if they can start out with a 2.75 GPA
and maintain it throughout their time at the university.
Responding to Mr. Anderson regarding community, economic and workforce development, Dr. Allen stated
that they have been working with many organizations such as the City and NCALL to bring more business
downtown. He stated that they opened an entrepreneurship center at Delaware State University. Dr. Allen
advised that, on the workforce development front, he had a conversation with Barclays Bank about their
technology center at the Sheraton, which is a wholesale facility that can have many certifications for the
up-skilling of under-skilled people in and around the City. He noted that their idea was to bring that facility
downtown, which would be a significant growth prospect for them. Dr. Allen stated that they already provide
about a hundred certifications throughout the university, but their visibility is not what they think it should
be. Being able to have a more visible place that is attractive and welcoming to all of the citizens of Dover
is something they are very interested in, and they believe they have the tools and the facility. He stated that
they just need to make sure that they have the right location.
Presentation - Wilmington Hope Commission and Bobby Wilson
Due to the absence of Mr. Bobby Wilson, Mr. Anderson requested that this item be deferred to the next
Parks, Recreation, and Community Enhancement meeting. (This presentation was deferred by Committee
on July 14, 2020.)
Mr. Hare moved to defer this item to the next Parks, Recreation, and Community Enhancement
meeting scheduled for October 13, 2020. The motion was seconded by Mr. Sudler and unanimously
carried.
Presentation - Vines Community Project
Reverend Carol Harris, Vines Community Project, reviewed the background information of the Vines
Community Project and noted the following information:
• In 2017, the Vines Community Project was brought together with herself and the Delaware National
Guard because in 2016 the National Guard realized the number of addictions and substance use had
increased, specifically in the State of Delaware. The Epic Vision of the Vines Community Project
states "Education and prevention for individuals and communities."
• Their very first initiative was to teach Dover citizens how to dispose of medication. They distributed
Deterra bags throughout the City. Deterra bags melt the medication into a bag and deactivate
whatever medication there is. After the Deterra bags, they began several Narcan training and
distribution into the communities and into the hands of their citizens.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 13
• They wanted to target their young people and seniors. They wanted to empower their seniors because
they did a survey of seniors that frequent the Modern Maturity Center and other senior centers and
were finding medication missing. They were getting Deterra bags into the hands of seniors and
helping them have the power to report things, especially if they have healthcare workers in their
homes, or strangers in and out the homes. They were trying to teach them how to secure their
medication, particularly any narcotic prescriptions that they had. They started the plan to secure the
young people, and that has taken the crux of their attention in the last year and a half.
• The Vines Community Program began their Purple Ambassador Program that allowed them partner
with the early college high school and Delaware State University. With the high schoolers, they
empowered them to know the warning signs amongst their friends or people that were using. They
could notice behavioral signs, see things that were diminishing amongst their friends, know the signs
of addiction and/or use, and that would empower them on how they report, how they get help. They
had to reduce the stigma that was attached to what their students called "ratting."
• Delaware State University social work students became mentors to their high school ambassadors
and counseling and empowerment groups were formed. The students made purple commitments,
which meant that if they had parties, they had to be purple (clean) parties and if there was any
ambassador amongst them, that ambassador would have the tools and would know what to do if
there was somebody that was high or in danger and they would know how to report.
• They used two different curriculums; Dr. Gilbert Botvin's Life Skills Training and the Prime for Life
curriculum. They found that their middle schoolers were the most compromised amongst their
student population. In turn they developed mentorship so that their high schoolers would then
become mentors to their middle schoolers, and then COVID hit. They have not yet been able to make
that connection. They are working on how they can do that virtually, because they do want to begin
to empower their middle schoolers, and eventually, elementary schoolers.
• They have maintained partnership with the Dover Police Department and its Angel program and
have been active with Help is Here Delaware and they are partners with North Node.
Responding to Mr. Taylor, Rev. Harris stated that, initially, they did all the work that they needed to do out
of pocket through the Coalition membership or the donations of their citizens through their time and
financial donations. She noted that this year was the first year that they have received some grant funding
and they have received some funds from the City to help. Rev. Harris stated that going forward they just
need manpower and mentorship. She noted that they needed people talking about the cause and staying
educated and informed with the numbers.
Mr. Taylor stated that this should be labeled as a healthcare issue and not a criminal justice crisis. He noted
that he would direct some of his discretionary funds to the Vines Community Project.
Responding to Mr. Sudler, Rev. Harris stated that because of COVID, a lot of AA meetings have been shut
down and, although a lot of places are trying to have virtual meetings, when someone is in the cycle of
addiction, those personal, one-on-one meetings are so very meaningful for people to get eyes on you.
Rev. Harris provided her email address, carol_harris@bayhealth.org, and Vines Community Project email,
vinescommunityproject@gmail.com.
Page 14
COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 14
Library Reopening Plan
Mr. Brian Sylvester, Library Director, reviewed the background and analysis regarding the library reopening
plan.
Staff recommended opening a temporary computer lab beginning September 28th with a partial capacity
re-opening on October 26th. If the Committee is in agreement, the Committee should direct staff to proceed
and revisit the reopening plan October 20th.
Responding to Mr. Rocha, Mr. Sylvester stated that the number of people they would allow in the room
would depend slightly on the number of computers that they are able to set up in that space. If they combine
both of the two meeting rooms, there is a receiving wall in the middle. Mr. Sylvester stated there are only
10 support drops, so if they can run multiple computers off of a single network drop, there is space to fit 12
to 15 computers with social distancing. He noted that if they are limited by the number of network drops and
can only run one computer off of each of them, then they would only offer nine because they would need
one of those network drops for a printer.
Mr. Cole expressed his concerns with the opening. He stated that he would like to see the library keep
offering some type of services, whether it be the passport or book pickup. Mr. Cole stated that he would like
to see a structured plan that meets the Centers for Disease Control and Prevention (CDC) and Delaware of
Public Health (DPH) guidelines. He noted that there are some school districts doing a hybrid version, but
as far as opening the library, they need to really look at some very structured types of policies.
Mr. Sylvester stated that the Delaware Division of Libraries has put out statewide guidelines for reopening
libraries, which does touch on some of those specifics, but they do not contain any very, very concrete detail.
He noted that they are trying to offer guidance that applies to very large libraries and very small libraries,
so it is almost a one size fits all approach. Mr. Sylvester stated that they can certainly use that as a stepping
off point for a more detailed plan if that is the direction the Council would like to take.
Responding to Mr. Anderson, Mr. Sylvester stated that the County Library intended to reopen Monday of
that week, but that plan actually got delayed until early October. He stated that he did not know the exact
date, but that was due to the number of staff vacancies that they currently have. They did not feel that they
could safely operate the facility the way they needed to with social distancing and the other types of
restrictions that are in place, so it seems that they will not be opening that library until, at the minimum, they
have filled two or three of those positions.
Mr. Sudler stated that the better safety measure would be to open up around phase three.
Responding to Mr. Lindell, Mr. Sylvester stated that the Delaware Division of Libraries (DDL) does not
have a recommended date for reopening written in their guideline. He stated that verbally they have been
told that they believe libraries should reopen when the Governor moves them into phase three. As to whether
or not that would be a full reopening or opening at 60%, they have not really weighed in on that at least in
writing.
Mr. Lindell stated that he would not vote to reopen the library until they are actually in Council Chambers
in person.
Page 15
COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 15
Mr. Anderson stated that with this particular plan, people are being crushed economically and socially by
not being able to have access because of the digital divide. He stated that the more they delay, the more they
are harming people, when everything else is open, even senior centers, athletic fields, recreation
departments, and schools going hybrid. Mr. Anderson stated that there is no reason that a 50,000 square foot
type library cannot open two rooms for a dozen people.
Mr. Taylor stated that he agreed with Mr. Anderson, but that his concern was that they open at this particular
point and they go back to where they were before COVID-19. He stated that he did not want a situation
where people cannot go into the library and be comfortable to sit down at the computer because their
homeless population was using it again as a rest area. Mr. Taylor stated that if Mr. Sylvester was able to
assure him that was not going to happen, then he had his vote wholeheartedly, but if he was not able to
provide him with enough information that relieves that concern, he did not support the reopening right now.
Responding to Mr. Taylor, Mr. Sylvester stated that a number of the renovations were made to the facility
specifically to address security concerns. He advised that he was hoping to resume their relationship with
Sunstate Security and would like for them to be on site when they offer the computer lab to provide the
necessary security to ensure that they are offering a safe space, not just in COVID terms, but also in terms
of public safety. Mr. Sylvester noted that they have made changes to the layout, removed furniture,
sightlines, and all of these steps were taken specifically with the goal of improving safety. He advised that
if there were more changes that Council would like them to make, he would be more than happy to bring
people into the building to see what they have done and give them recommendations for further steps.
Mr. Sylvester stated that they have their Acceptable Behavior Policy, which are the rules and guidelines for
being in the facility. He noted that he was presenting some recommended policy changes to the Library
Advisory Commission.
Mr. Hare stated that if they decide to open the computer rooms, it should be by appointment. He also
advised that they should ensure that someone that is going to be sanitizing the computer after each use.
Mr. Neil noted that the library was still providing activity packets for parents to pick up for their young kids
and curbside book services. He stated that as long as there is COVID, people coming into the library
becomes a problem.
Mr. Lindell stated that they need to be prepared and that they need to continue with those preparations so
that when they hit phase three, they can hit the ground running.
Mr. Sylvester advised that there are cleaning protocols in place and that he could create and provide
documentation that describes that in more detail. He stated that their custodial work is by contract with
Atlantic.
Mr. Cole stated that everybody has made some good points, but overall, they are all in the same boat, they
want to see this move forward if things can be opened in a structured, safe manner. Mr. Cole asked if they
could revisit this and if Mr. Sylvester could provide them with that information.
Mr. Cole moved to recommend not moving forward until there is a clear vision of guidelines and
protocols in place, seconded by Mr. Lindell and unanimously carried.
Page 16
COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 15, 2020 PAGE 16
Police Athletic League (P.A.L.) Update
Mrs. Donna Mitchell, City Manager, provided an update regarding the Police Athletic League (P.A.L.).
Mrs. Mitchell stated that they could probably operate the P.A.L. Program out of the Pear Street Warehouse
once they move the inventory to the electric department. She noted that the P.A.L. Program would be a good
use for that facility because it would make a good gymnasium or could possibly be outfitted in a recreation
center kind of way for the at-risk community that is close by. Mrs. Mitchell advised that the concept of
moving that electric inventory to the power plant would occur during the decommissioning. She stated that
the issue is that it is longer down the road than what they originally thought with the clean-up program. They
are going to have to go through Delaware Department of Natural Resources and Environment Control
(DNREC) to make sure they do not have any environmental issues and all those things must be taken care
of. Mrs. Mitchell advised that it is not going to be something that they could do probably in the next year
and there will also be some facility improvements that will need to be made to convert that warehouse space
for a good space for the P.A.L. Program.
Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee
meeting. The motion was seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 10:31 p.m.
Mr. Cole moved for adjournment of the Council Committee of the Whole meeting. The motion
was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 10:31 p.m.
William F. Hare
Council President
WFH/TM/jt
Attachments
Attachment #1 - Presentation titled "Wireless Communications Facilities - Update on Development of
Provisions and Ordinances”
Attachment #2 - Dover Human Relations Commission Intake Forms (Approved and Proposed)
Page 17
ATTACHMENT #1
Council Committee of the Whole Meeting of September 15, 2020
WIRELESS COMMUNICATIONS FACILITIES
UPDATE ON DEVELOPMENT OF PROVISIONS AND ORDINANCES
SEPTEMBER 15, 2020 – COUNCIL OF COMMITTEE OF WHOLE: UTILITY COMMITTEE MEETING
Page 18
PURPOSE
To establish uniform standards for the siting,
design, permitting, installation, maintenance and use
of Wireless Communication Facilities in the
City of Dover.
Page 19
TASKS UPDATE
Updates to CCOW-Utility Committee on February 11, 2020 and July 14, 2020; directed Staff
to continue work
Topic continues to be worked on by Staff of City Manager’s Office, Electric Department,
Planning Office, and Department of Public Works
City continues to utilize Cohen Law Group as subject matter/legal resource
City Manager’s Office (Assistant City Manager) serves as leader in coordination among City
Departments, law firm, and industry representative inquiries
Preliminary Comments and Process Questions from industry representatives
Planning Office continued work on refinement of a WCF Ordinance
Planning Office & Electric Department worked on refinement of SWCF Design Manual
Electric Department & City Manager’s Office working on Master Licensing Agreements for
pole attachments and licensing (on City owned poles and rights-of-way)
Page 20
WIRELESS COMMUNICATIONS FACILITIES
Small Wireless Communications Facility
Non-Tower WCF
Tower Based WCF
Page 21
EXHIBIT A:
DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)
Development of Ordinance for adoption of regulations into Dover Code of
Ordinances by creating new section Zoning Ordinance, Article 5 Section 23
– Wireless Communications Facilities
Purpose
Definitions
Applicability
Type of Activity Determination:
Eligible Facilities Request
Substantial Change Activity
New Facility
Small WCF
Page 22
EXHIBIT A:
DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)
Application Procedures: Location within Public Right-of-way, Eligible Facilities
Request, Substantial Change Activity, New Facilities, New Small WCF
WCF Permit
Conditional Use Application (New Tower-Based WCF)
Regulations & Standards by Facility Type
Location
Development (Sizing, Height, Uses on Property, Placement, Setbacks, Accessory Equipment &
Buildings, Fencing, Access, Lighting,)
Design Standards (Design Manual for SWCF, Visual Appearance)
General Requirements
Page 23
EXHIBIT A:
DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)
Establishment of Fees for Wireless Communication Facility Activities:
Fee Structure for permits, applications, and annual fees
Existing fees
Pole Attachment Fees and Activities
Conditional Use Permit Applications
Certain application fees are capped by Federal regulations.
Fee Structure to become part of Dover Code of Ordinances, Appendix F – Fee and
Fines
Page 24
EXHIBIT A:
DRAFT OF WCF ORDINANCE (WCF ORDINANCE VERSION 2 – PLANNING 9-9-2020)
Other Amendments to Zoning Ordinance and Dover Code of Ordinances
Uses in IPM3 Zone
Clarification of WCF versus Public Utility Infrastructure
Placement in Rights-of-way
Establish Use of Rights-of-way Permit & Annual Fee
Page 25
EXHIBIT B:
PRELIMINARY DRAFT #2 CITY OF DOVER SMALL WCF DESIGN MANUAL (SWCF
DESIGN MANUAL MARKUP 9-9-2020)
Development of a Small Wireless Communication Facility Design
Manual
Definitions
General Standards
Antenna and Accessory Equipment Standards
Pole Standards
Review and Approval
Approval Timing
Page 26
NEXT STEPS
Continuing Ordinance Refinement Work:
Coordination between WCF Ordinance & SWCF Design Manual
Determine Fees for Permit/Application Types
Continuing SWCF Design Manual Refinement Work
Coordination between WCF Ordinance & SWCF Design Manual
Final editing & formatting of Ordinance and Documents
Legal Review by City Solicitor and Special Legal Counsel
Page 27
NEXT STEPS
Continued development and refinement of agreements and licensing associated with
attachment on City owned poles and access to City right-of-way
Establish Application Review Processing Procedures
Development of Application Checklist and associated Permit Forms
Process of Intake and Review among Departments
Recommended Timeline for Formal Review of Ordinance
Introduction of Proposed Ordinance at CCOW – September 15, 2020
First Reading at City Council – September 28, 2020
Public Hearing & Recommendation by Planning Commission – October 19, 2020
Public Hearing, Final Reading & Adoption of Ordinance by City Council – November 9, 2020
Page 28
QUESTIONS
&
COMMENTS
WIRELESS
COMMUNICATIONS
FACILITIES
Page 29
ATTACHMENT #2
Council Committee of the Whole Meeting of September 15, 2020
A. Intake Form Front Page
THE CITY OF DOVER HUMAN RELATIONS COMMISSION
INTAKE FORM
Name of person or organization filing: (last name, first name, middle Home Phone: Business Phone: Fax:
initial) Mr. Miss Mrs. Ms. ( ) ( ) ( )
Street Address: City: County: State: Zip Code:
Identify the contact person that the Commission should notify:
List the name, address and telephone number of any person or organization that you believe should be invited to appear before
the Commission to help resolve your concern:
Summarize what has or will occur that has given rise to your concern. Use this space for a brief and concise statement of facts
(who, what, where, when, why, how). Additional details may be submitted on an attachment.
What relief or action is being requested?
Completion of the following questions is OPTIONAL:
Ethnicity: Black White Hispanic Asian Native American Other: ________________________
Sex: Male Female Age: _______________ Nation of Origin: ___________________________
NOTICE: ALL DOCUMENTS AND TESTIMONY PRESENTED TO THE HUMAN RELATIONS COMMISSION ARE
AVAILABLE TO THE PUBLIC AND THE PRESS.
Signature: Date:
This form was delivered to: ___________________________________(person) on ______________________________(date),
located at ______________________________________________________________________________________(address).
This form was mailed to: _____________________________________(person) on ______________________________(date),
located at ______________________________________________________________________________________(address).
Page 30
A. Intake Form - Back of Page
THE CITY OF DOVER HUMAN RELATIONS COMMISSION
RECORD OF ACTION
Case No. _______________________
CITY CLERK ACTION:
1. On ______________________ (date), the INTAKE FORM was received by the City Clerk’s Office.
2. On ______________________ (date), the concerns expressed in the INTAKE FORM were placed on the New
Business section of the Agenda for the Commission meeting to be held.
3. On ______________________ (date), a copy of the INTAKE FORM was mailed to members of the Commission
along with the Agenda for the Commission meeting.
4. On ______________________ (date), notice of the date, time and location of the Commission meeting at which
the concern(s) expressed in the INTAKE FORM will be considered by the Commission was mailed to the
following:
a.) the party(ies) filing the INTAKE FORM;
b.) the interested party(ies) identified in the INTAKE FORM; and
c.) the person(s) or entity(ies) who caused the concern(s) to be raised.
5. On ______________________ (date), notice of the Commission’s final action was sent to the person(s) filing the
INTAKE FORM and the other party(ies) listed on the INTAKE FORM.
COMMISSION ACTION:
1. On ______________________ (date), the Commission decided it did/did not have jurisdiction over the matters
set forth in the INTAKE FORM.
2. On ______________________ (date), the Commission considered the matters set forth in the INTAKE FORM.
3. On ______________________ (date), the Commission took the following action:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Page 31
CITY OF DOVER
HUMAN RELATIONS COMMISSION
PUBLIC ACCOMMODATIONS DISCRIMINATION INTAKE FORM
INSTRUCTIONS
This packet contains the form you will need to complete to begin the process of filing a discrimination complaint with our office. You
can also download and print this form from our website: https://www.cityofdover.com/dhrc. The form asks for some of the basic
information that we need to decide whether or not we can investigate your public accommodations-related problem. If you have
difficulty understanding these instructions or have questions, our staff can assist you.
The Public Accommodations Discrimination Intake Form asks questions about why you believe you were treated unfairly and how
you believe this treatment was against the law. In the City of Dover, the law protects individuals against unfair treatment in public
accommodations on the basis of:
Ancestry Marital Status
Color National Origin
Disability Race
Domestic and Sexual Violence Religion
Ethnicity Retaliation for Prior Discrimination Complaint
Familial Status Sex (including breastfeeding)
Gender Identity Sexual Orientation
The DHRC Cannot Investigate Public Accommodations Complaints Based on General Mistreatment
There are many reasons people are treated unfairly, and several of these reasons may not be against the law. The DHRC can only
investigate public accommodations complaints based on illegal mistreatment relating to the factors identified above. By law, we
cannot handle general public accommodations-related concerns based on any other factors. In addition, your complaint should relate
to mistreatment that affected you personally. You cannot file a complaint about the treatment of someone else unless you have the
legal right to represent that person (e.g., because you are the person’s parent or guardian).
Evidence Is Required To Support Your Discrimination Complaint
In addition to the statements you make about why you believe you were mistreated, the DHRC will need information from other
people and from documents to investigate your complaint. The Public accommodations Discrimination Intake Form includes
questions about the people and documents that might help prove that any mistreatment you experienced was against the law. To be
most useful to your complaint, the people you identify generally should have direct knowledge (have learned through their own
senses) of how you were treated and/or some information about how your treatment compared to that of other people. The most
helpful documents will be ones written around the time that you believe you were mistreated.
Complete the attached form only if you believe you have been discriminated against because of one of the bases listed above. Please
take the time to answer all questions completely and accurately. Once you have completed the form, please submit the form in person
or by mail to our office:
City of Dover Human Relations
City Hall
15 Loockerman Plaza
Dover, DE 19903
Phone: 302-736-7008
Fax:302-736-5068
Once we have received your completed form, our intake staff will meet with you about filing a complaint. Completing the enclosed
form does not mean you have filed a discrimination complaint. A DHRC staff person will review your form and meet with you to
decide if we can assist you. Preparing and filing a discrimination complaint is a complex matter. Please plan for the process to take at
least 2 hours.
Page 1 of 5
Page 32
SPECIAL INSTRUCTIONS IF THE DISCRIMINATION WAS 9 OR MORE MONTHS AGO:
The City of Dover Human Relations Commission can only investigate discrimination that occurred within the past 300 days. If your
complaint involves events that occurred more than 9 months ago, please contact our office immediately. If you fail to complete all of
the steps for filing a complaint within the legal time period, our staff will not be able to investigate your complaint.
Page 2 of 5
Page 33
CITY OF DOVER HUMAN RELATIONS COMMISSION
PUBLIC ACCOMMODATIONS DISCRIMINATION INTAKE FORM
1. Please provide your personal information.
First Name Last Name
Street Address (Include Apartment or Unit #) City
State Zip Code Email Address (if available)
Home Phone Work Phone
Cell Phone Date of Birth
2. Are you filing this compliant for someone else? Yes No
a. If yes, who do you believe was discriminated against?
First Name Last Name
Relationship To You
3. What organization (e.g., store, restaurant, City government agency) do you believe has discriminated?
Organization
Street Address City
State Zip Phone
Owner Name Phone
4. What is the reason (basis) for your discrimination complaint?
FOR EXAMPLE: If you feel you were treated worse than someone else because of race, you should check the box next to Race. If
you feel you were treated worse for several reasons, such as your sex, religion and national origin, you should check all that apply.
Ancestry Marital Status
Color (e.g., difference in skin shade within same race) National Origin
Disability Race
Domestic and Sexual Violence Religion
Ethnicity Retaliation for Prior Discrimination Complaint
Familial Status Sex (including breastfeeding)
Gender Identity Sexual Orientation
Other (explain):
5. For each category above, please state how you identify yourself. For example, if you checked sex, please indicate whether
you are male or female.
6. What happened to you that you believe was discriminatory? Please attach additional pages if needed.
Date Action (Ex. I was denied service) Name/Title of Person(s) Responsible
Page 3 of 5
Page 34
7. Why do you believe these actions were discriminatory? Please attach additional pages if needed.
8. What reason(s) were you given for the acts you consider discriminatory? By whom? His or her job title?
9. Why do you believe the reason(s) given to you are false?
10. Describe who was in the same or similar situation as you and how they were treated. For example, who else requested
service from the establishment? Provide the basis identified in Question 5 of these individuals, if known, and if it relates
to your claim of discrimination. For example, if your complaint alleges race discrimination, provide the race of each
person; if it alleges sex discrimination, provide the sex of each person; and so on. Use additional sheets if needed.
a. Of the persons in the same or similar situation as you, who was treated better than you?
Full Name Basis Description of Treatment
b. Of the persons in the same or similar situation as you, who was treated worse than you?
Full Name Basis Description of Treatment
c. Of the persons in the same or similar situation as you, who was treated as same as you?
Full Name Basis Description of Treatment
Answer Questions 11-13 only if you are claiming discrimination based on disability. If not, skip to Questions 14-20. Please
state if you have more than one disability. Please add additional pages if needed.
Please check all that apply: Yes, I have a disability
I do not have a disability now, but I did have one
I do not have a disability, but the organization treats me as if I am disabled
11. What is the disability that you believe is the reason for the adverse action taken against you? Does this disability prevent
or limit you from doing anything (e.g., lifting, sleeping, breathing, walking, caring for yourself, working, etc.)? If so, how
does this disability affect you?
Page 4 of 5
Page 35
12. Do you use medications, medical equipment or anything else to lessen or eliminate the symptoms of your disability?
Yes No
a. If yes, what medication, medical equipment or other assistance do you use?
13. Did you ask the organization for any changes or assistance to the establishment because of your disability? Yes No
a. If yes, please state when you asked, how you asked, who you asked, what changes or assistance you requested and how
the organization responded to your request.
Date Verbal or Written Name/Title of Person(s) Asked Changes or Assistance Organization Response
Request? Requested
14. Are there any witnesses to the alleged discriminatory incidents? Yes No
a. If yes, please identify them below and describe what they will say. (Please attach additional pages if needed.)
Full Name Address & Phone Number What This Person Will Say
15. Are there any documents about the alleged discriminatory incidents? Yes No
a. If yes, please identify them below and indicate from whom we might obtain them.
Document Source of Document
16. Have you filed a complaint on this matter with the City of Dover Human Relations Commission or another agency?
Yes No
If yes, please indicate the agency and date of filing:
Agency Date of Complaint(s)
Dover Human Relations Commission
Other (explain):
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17. Have you sought help about this situation from an attorney, or any other source? Yes No
a. If yes, please provide the name of the organization, the name of person you spoke with, the date of contact, and
results, if any.
Organization Person You Spoke With Date of Contact Results
18. If we cannot reach you directly, is there someone we can contact to help us reach you?
First Name Last Name
Street Address (Include Apartment or Unit #) City
State Zip Code Email Address (if available)
Home Phone Other Phone
Relationship to You
19. Please check one of the boxes below to tell us what you would like us to do with the information you are providing on this
questionnaire. If you would like to file a discrimination complaint, you must do so within 300 days from the day you knew
about the discrimination. If you do not file a complaint within the time limits, you will lose your rights. If you would like
more information before filing a complaint or you have concerns about DHRC’s notifying the organization about your
complaint, you may wish to check Box 1. If you want to file a complaint, check Box 2.
BOX 1 I want to talk to a DHRC employee before deciding whether to file a complaint. I understand that by
checking this box, I have not filed a complaint with the DHRC. I also understand that I could lose my rights if I
do not file a complaint in time.
BOX 2_ I want to file a complaint of discrimination, and I authorize the DHRC to look into the discrimination I
described above. I understand that the DHRC must give the organization that I accuse of discrimination
information about the complaint, including my name. I also understand that the DHRC can only accept
complaints of public accommodations discrimination based on ancestry, color, disability, domestic and sexual
violence, ethnicity, familial status, gender identity, marital status, national origin, race, religion, retaliation for prior
discrimination complaint, sex or sexual orientation.
20. If you checked Box 2 above, what would you like to have happen in response to your complaint?
(Ex. use of the establishment, receipt of service requested, guarantee of no future discrimination)
I declare under penalty of perjury that all of the information that I have provided on this form is true, correct, and complete to the best
of my knowledge. I acknowledge that false statements on this form are punishable under state law, 11 DE. C 1953. § 1233 (unsworn
falsification to authorities).?
Signature Today’s Date
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