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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on February 28, 2023, at 6:00 p.m. with Council President
Sudler presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty (arrived
at 6:33 p.m.), Mr. Hare (arrived at 7:04 p.m.), Mr. Neil, Dr. Pillsbury, and Mr. Rocha.
Mayor Christiansen was absent. Civilian members present for their Committee meetings were Mr.
Contant and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration), Mr. Shelton
(Utility), and Dr. Short (Safety Advisory and Transportation). Mr. McCutcheon (Utility) and Mr.
Hosfelt (Safety Advisory and Transportation) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried.
Presentation (Secretary Hubbard, Delaware Department of Labor, and Richard Fernandes, Division
of Employment and Training Director)
Secretary Carol Hubbard and Ms. Benita Akerson reviewed the presentation, A Guide to Our
Services.
Committee action was not required.
Responding to Mr. Neil, Secretary Hubbard stated that there are a number of reasons they are having
issues finding workers right now. First, there were a million people lost during the pandemic and that
is a huge chunk of American workers in the workforce. Also, a number of people became disabled as
a result of COVID and still continue to suffer symptoms. There are many who are concerned about
returning to the workforce, and in some instances, particularly women, have dropped out of the
workforce due to being close to retirement age. Those who were about to retire and normally would
have stayed a few more years decided to stay out of the workforce with the fear of COVID instead of
coming back to work.
Secretary Hubbard also stated that they have noticed many have experienced issues with childcare.
Some women have stayed home to take care of children or take care of aging parents, and some have
decided to join the entrepreneurial community. Secretary Hubbard stated that they are doing as much
outreach as they can to those individuals because pensions, investments, and paying into social
security are important, and they must reinforce those messages. Pay has been an ongoing issue as well,
and in many respects, has been lagging. Employers must pay employees more than they were making
pre-pandemic because the people are just not there. Secretary Hubbard stated that they did a survey of
individuals living in Wilmington and some of the barriers that they faced are people who are sick, old,
and taking care of grandchildren. They know if they got a better job, they would lose access to
childcare and Medicaid. These are all things that are keeping them afloat. They know that if they are
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up-skilled to take another job and earn a higher income those benefits would go away. So, people have
made the decision to stay at a lower-paying job to maintain those benefits.
Responding to Mr. Sudler, Secretary Hubbard stated that the Division of Industrial Affairs does do
investigations about wages, people withholding wages, individuals who are paying people under the
table, and people who are experiencing or paying less than the minimum wage. For example, if a
contractor is misclassifying an employee and calling them an independent contractor so that they can
avoid paying taxes, they do investigate those cases. There is also an Office of Anti-Discrimination that
does go out in response to complaints and will do an intake with the individual and employer, as to
get both sides of the story. Oftentimes in most situations, they are mediated and do not result in a
lawsuit. Any infractions are referred to the Federal Government and they do a further follow-up that
could end up in court.
Responding to Mr. Sudler, Secretary Hubbard stated the Division of Vocational Rehabilitation works
very closely with the Independent Living Council on addressing those needs. She would refer Mr.
Sudler to Alicia Jacobs, who is the Director of the Division of Vocational Rehabilitation. Secretary
Hubbard stated that there are a number of providers who do those sorts of accommodations for a
household so people are enabled to return to work. Secretary Hubbard stated that there is a divide
between the services that they provide at the Department of Labor and the Independent Living Council.
However, if an individual needs a ramp to get to work, they will work with that individual on getting
that in place.
Responding to Ms. Arndt, Secretary Hubbard stated that electronic vehicle stations are a buzzword
right now. Currently, there is no workforce, but it is important to provide training to electricians and
installers who can service these chargers on a consistent basis. Right now, there is not much of a carve
specifically for EVs but some of those basic skills that an electrician would use could also be
transferrable. There is the Office of Labor Market Information that works closely with the Department
of Labor to show what occupations are needed so that training funds can be directed to those
occupations that are emerging or are sought out. Technology is big in terms of IT programmers, coders,
nursing, and healthcare. Everyone is given an assessment to figure out what they can do. Not everyone
is skilled in everything. Everyone is worked with on a one-on-one basis to make sure that they are a
good fit for training and that there is a job at the end of that training.
Responding to Ms. Arndt, Secretary Hubbard stated that the Department of Labor does not currently
host job fairs at colleges and high schools, but they do support the JDG program which is in every
high school in the state. One outreach tool is called the Career Compass, this is a document that is
specifically for high school students. It is an assessment of their skills and will help them determine
what it is that they would like to do as a career. It contains a lot of current local market information so
that students know what jobs are available, and how much they pay. The Delaware Career Compass
also helps students figure out their likes, dislikes, and what they think they can do. It is a
comprehensive document that goes out to high schools across the state.
Responding to Mr. Contant, Secretary Hubbard stated that they do not support the employer but if an
individual comes to them looking for training, or retraining, or if an employer is saying that they need
a huge monitor to secure a job, then they would purchase the monitor on their behalf. If it prohibits
the employee from getting the job, they will support the cost so that they could become gainfully
employed.
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Responding to Mr. Contant, Secretary Hubbard stated that Delaware Bids is something that they use
as well as the minority contractor site associated with the procurement office. That agency is under
the Office of Management and Budget. If you are on those lists, you can be notified about opportunities
that are out there. Oftentimes vendors are able to provide services under a hundred thousand dollars
and that is something that they can directly contact the vendor about. If someone is in need of a ramp,
that is certainly something they would be able to go directly to a contractor with.
Responding to Mr. Contant, Ms. Akerson stated that when they come in and meet with a Case
Manager, they would have to discuss the need for transportation at that point in time. Transportation
is what they call a supportive service. Transportation would have to be something that is included in
their case and employment plan. Ms. Akerson stated that they try to have the clients come into the
office so that they can speak to a staff person to do an in-depth overview of the services and ask them
what their needs are. How can we help you?
Responding to Mr. Contant, Ms. Akerson stated that the first thing they have a client do when they
come in the office is register in Delaware JobLink, which captures all of their demographic background
from employment history to if they have a criminal background. There is no specific question about
transportation but a way around that is if you are sitting and speaking with an employment service
specialist, they can talk to the client, and they usually open up. For example, if they wanted to go to
school at Polytech for CNA but do not have reliable transportation. When meeting with a case manager
those are some of the things that they would have to talk about. The client would have to disclose that
information because the goal is for them to receive training which in turn would help them get a job
so that they can be successful and move forward. Maybe the next step is LPN or RN, and they can
help again. If the client has a career path from CNA to an LPN to an RN, then they can help the client
through that.
Responding to Mr. Contant, Ms. Akerson stated they do partner with the Department of Corrections.
They have a program running now for one hundred people that are currently incarcerated and are doing
CDL training. The DOC has purchased a simulator and they are going through training. Once they
come out, they meet with the Department of Labor and are sent on to the next step to attend classes,
and then go on the road with the trucks to get the driving experience.
Responding to Mr. Contant, Ms. Akerson stated that they used to be in the libraries pre-COVID. The
staff was there to assist anyone with questions. Currently, they are going out into the public to meet
clients to work with them. It could be a job fair, high school, college, social services, flea market, or
farmers market. This year they have gone to several locations to tell people about their services so that
they know what the department has to offer them. They have a series of questions at that time that are
asked when they approach the table and then based on that information, they reach back out to them
about the services they could benefit from.
Responding to Dr. Pillsbury, Secretary Hubbard stated that previously they were not an agency that
did much advertising before the past couple of years. Now they understand that is a big component of
what needs to be done as they try to entice people back to the workplace. Secretary Hubbard stated
they work closely with the Delaware Workforce Development Board which has a number of business
owners on it. That board serves as the Department of Labor’s guide in terms of the business
community, and they advocate on behalf of the businesses and their priorities. They do have Business
Service Representatives who work for the department, they go out to a business and help the employer
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develop a job fair or help look at their recruitment material. That is something that has always been
offered but not everyone knows that it is available.
Responding to Dr. Pillsbury, Ms. Akerson stated that they have a total of four Business Service
Representatives in the state. They go out and meet with employers on a daily basis to help them provide
the information for the Department of Labor as well as help them put job orders into Delaware
JobLink. They are available to sit down with the employer and if they need to do a job fair, they can
come in and do a job fair, which can be done at any of the AJCs.
Responding to Mr. Sudler, Secretary Hubbard stated that they serve anybody who comes through the
door, many of them are homeless. Also, they work with some non-profit organizations to provide
information about their services through them. One organization is called Delaware One Stop, a group
of private non-profit, government agencies, libraries, and others who get together to help form a system
of support for folks in the community.
Responding to Mr. Sudler, Secretary Hubbard stated that they do not track the demographic of
homelessness unless they disclose that information. If they go into the office, they would be provided
information and a referral to other services that are available. If an individual were to come in with
mental health issues, they are likely to be seen by someone in the Division of Vocational
Rehabilitation. Mental health issues would likely be referred out to the Delaware Division of
Substance Abuse and Mental Health (DSAMH), but in terms of that person’s employment plan, once
they are stabilized, that is something that they would work with that individual on. Individuals that are
able to land a job may have a case worker that sits right next to them while they are doing their job to
monitor and help that person become acclimated to the work until they master the job.
Responding to Mr. Anderson, Ms. Akerson stated that they have a provider list that would indicate all
of the different programs that are available. Be it a certification or a degree program. Anybody can
access the provider list; it is on Delaware JobLink. Again, coming into the office is recommended so
that they can provide assistance with navigating Delaware JobLink. They have computers in every
AJC that can be used from 8:00 a.m. to 4:30 p.m. if need be. There are fax machines, copiers, and
anything you would have in your own office.
Responding to Mr. Anderson, Secretary Hubbard added that when the providers are selected, one of
the things required is that they must provide training that would lead to a certification or a degree. The
other thing required is employment, all of the providers work with a network of employers to employ
students once they go through the training.
Responding to Mr. Contant, Secretary Hubbard stated that as a part of ARPA, they received about $2
million in funds to work on communications and branding strategies. The Department of Labor has
been known as the unemployment office, but they are so much more. The plan is to rebrand what the
Department of Labor looks like.
Community Oriented Policing Services Grant Approval for City-wide Camera Program (Captain
Aaron Dickinson, Dover Police Department)
Chief Johnson reviewed the background and analysis of the Community Oriented Policing Services
Grant for the City-wide Camera Program.
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Staff recommended approving the submission of the grant application for the $600,000.00 from the
COPS Office.
Mr. Rocha moved to recommend approval of the submission of the grant application for the
$600,000.00 from the COPS Office, as recommended by staff. The motion was seconded by Mr.
Neil and unanimously carried.
Community Oriented Policing Services Grant Awarded for Hiring 3 Police Officers (Chief Thomas
Johnson, Dover Police Department)
Chief Johnson reviewed the background and analysis of the Community Oriented Policing Services
Grant for hiring three police officers.
Staff recommended approving the grant award of $375,000.00 in Federal Funds from the COPS
Office.
Responding to Mr. Rocha, Chief Johnson stated that for the current budget year, there is no more
revenue that needs to be identified, and that was made sure of when constructing this. However, for
the sake of going forward and subsequent budget years, they have to have council’s blessing for the
other associated costs with the positions. Chief Johnson stated that council wanted to find space for
five but clearly, there were budget constraints. This grant will help move the needle a little bit further.
Responding to Mr. Rocha, Chief Johnson stated that yes, this is a typical three-year grant that helps
ease in some of the new hires with the idea that the community will take over the cost going forward.
Responding to Mr. Rocha, Chief Johnson stated that for this particular grant, there are already
candidates identified that will be able to fill the slots. Looking forward, recruitment is challenging,
interest is low nationally, regionally, and in Delaware. There is a struggle to find individuals that can
pass the preliminary screening as well as the background investigation.
Responding to Mr. Rocha, Chief Johnson stated that the focus for these officers would be the
downtown area, and with a total of five officers bring the total of officers to 111.
Responding to Mr. Contant, Chief Johnson stated that the grant program requires the community to
retain the office for the fourth year, however, if there was an economic crisis or moves had to be made
in year five or beyond council does have that option.
Responding to Mr. Contant, Chief Johnson stated that when the Research Manager projects out a
balance it is not only salary, benefits, equipment, and uniforms. $375,000 is the value of the grant and
what the city would have to accomplish is the $460,000.
Responding to Mr. Sudler, Chief Johnson stated that he is not aware of any limitations on the number
of times a request for support from the Federal COPS Office for hiring can happen. COPS grants are
always going to be associated with an expansion of authorized staff because that is what the Federal
Government is interested in helping fund.
Mr. Rocha moved to recommend approval of a grant award of $375,000.00 in Federal Funds
from the COPS Office, as recommended by staff. The motion was seconded by Mr. Boggerty
and unanimously carried.
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Evaluation of Bids for Hazard Response Services (Paul Waddell, Electric Director)
Mr. Shawn Burgett reviewed the background and analysis regarding the Evaluation of Bids for the
Hazard Response Services.
Staff recommended awarding the contract to Miller Environmental Group.
Responding to Mr. Neil, Mr. Burgett stated that the only time we use them is when services are
rendered.
Mr. Contant moved to recommend awarding the contract to Miller Environmental Group, as
recommended by staff. The motion was seconded by Mr. Rocha and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 7:13 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Ms. Arndt moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously
carried.
Evaluation of Bids- Mirror Lake Drainage Basin Improvements
Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis regarding
the evaluation of bids for the Mirror Lake Drainage Basin Improvements.
Staff recommended awarding the contract to Gateway Construction, Inc. for the Mirror Lake Drainage
Basin Improvements, ITB #23-0006PW, for $553,015.
Responding to Ms. Arndt, Mr. Lyon stated that there is a Best Management Practice (BMP) in the
back parking lot that was installed when the library was built that would collect some of the water and
then send it into the basin. However, due to the proximity of the location of parking, there was not
much opportunity for improvement of the quality as well.
Responding to Mr. Shelton, Mr. Lyon stated that the project went through the necessary channels for
approval with the local agencies. Right now, the goal is improving the flooding conditions as it
discharges directly into Mirror Lake. There have been no necessary improvements required from the
environmental agencies.
Responding to Mr. Anderson, Mr. Lyon stated that the project is fully funded and encumbered for all
of the design. The projects for construction of the Meeting House Branch project are funded through
bond bill money so this will not have any impact on that.
Mr. Sudler moved to recommend awarding the contract to Gateway Construction, Inc. for the
Mirror Lake Drainage Basin Improvements, ITB #23-0006PW, for $553.015, as recommended
by staff. The motion was seconded by Mr. Boggerty and unanimously carried.
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Annexation Request – Consideration of Utility Services Lands of Calpine Holdings, LLC for 2 Parcels
on White Oak Road (AX-23-01) (Mary Ellen Gray, Director of Planning and Inspections)
Mr. Sudler moved to defer item 2 the annexation request until further notice, as recommended
by staff. The motion was seconded by Mr. Neil and unanimously carried.
Annexation Request – Consideration of Utility Services Lands of Christina Kelleher 273 Acorn Lane
(AX-23-02) (Mary Ellen Gray, Director of Planning and Inspections)
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the background and analysis
regarding the consideration of utility services lands of Christina Kelleher 273 Acorn Lane.
Staff recommended upon consideration of utility services, it is found that electric, water, and sanitary
sewer services are provided and/or available to the property at 273 Acorn Lane. The Electric
Department and Department of Water and Wastewater have no objection to its annexation.
Responding to Mr. Sudler, Mr. Lyon stated that the impact fees for the water and sewer for a residential
unit are approximately $7,000. It does change every July first and there is an additional assessment.
The City of Dover put in a sewer main on Acorn Lane in the 1990s. To recoup that money there was
an assessment of $40 per frontal foot of property that annexes into the city and attaches to that sewer
main.
Mr. Sudler moved to recommend the approval of the annexation request upon consideration of
utility services, it is found that electric, water, and sanitary sewer services are provided and/or
available to the property at 273 Acorn Lane. The Electric Department and Department of Water
and Wastewater have no objection to its annexation, as recommended by staff. The motion was
seconded by Mr. Neil and unanimously carried.
Affordable Connectivity Program (ACP) Closing the Digital Divide Presentation (Kay Sass, Public
Affairs and Emergency Management Coordinator)
Ms. Kay Sass, Public Affairs and Emergency Management Coordinator reviewed the presentation
Affordable Connectivity Program (ACP) Closing the Digital Divide.
Committee action was not required.
Responding to Mr. Shelton, Ms. Sass stated that Dover High School is someone whom the city has
had a working relationship with in the past and a lot of people are familiar with many of the staff.
Volunteers were needed and the ability to piggyback off some of their events. Anyone in the United
States is eligible, she just needed to get as many people on board as she can.
Responding to Mr. Shelton, Ms. Sass stated that if someone currently has Comcast or Verizon, and
the package they choose is the $30 package. Both of the main providers carry a package that is $29.99.
That is exactly what they will cover, which is the $30 a month, directly to the ISP. If they already have
a $50 plan, they will still get a $30 credit if they are eligible.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection the
meeting adjourned at 7:40 p.m.
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SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Sudler presiding.
Adoption of Agenda
Mr. Sudler moved to combined agenda item #2. Traffic Data – Impact on Rezoning Process and
item #4. Traffic Safety – Constituent Concerns.
Mr. Anderson moved for the adoption of the agenda as amended, seconded by Mr. Neil, and
unanimously carried.
Discussion Downtown Dover PD Community Office – South Bradford Street
Mr. Anderson stated that at a Special Council meeting in January, Mr. Michael Harrington offered at
no cost to the City of Dover Police Department, to use an office in the Cendel Building, which is an
area that could use attention. Council had looked at building a substation, but it is too expensive to
build out. Mr. Anderson would like to bring up the idea of a community relations office for exploration.
Mr. Sudler stated that they are hoping to bring up some other alternatives to help engage the
community and the police to strengthen their relationship and establish more of a police presence in
that area.
Mr. Anderson stated that he wanted to point out that this type of office, because it does not have the
heavy investment of a substation, council could find out if it works. If it does not then council would
not feel obligated to continue it. However, if it is wildly successful, it can open other opportunities to
look at something different.
Responding to Mr. Boggerty, Mr. Sudler that stated the main focus would be to have some additional
police presence, where community leaders can meet, or even a place where business owners can talk
with police about their current concerns.
Responding to Mr. Boggerty, Mr. Sudler stated that it would provide a stationary location for
additional police presence downtown. The mobile police station has arrest powers and the location
would be more of a community engagement location. To do things like provide bookbags, and
resources in an area where members of the community want additional police presence and it will be
at no additional cost to the city.
Responding to Mr. Rocha, Mr. Anderson stated that it could be called a community relations office.
The mobile unit attends events all over the city and only spends a small percentage of time in that
location. The community is asking for a regular police presence and the office could be a place for
officers to take a break after walking downtown. The office could provide an opportunity to put up
cameras in the parking lot and give more authority to the city as a tenant.
Responding to Mr. Rocha, Mr. Sudler stated that the office should be staffed by a police officer or
cadet under the jurisdiction of the Chief of Police. The office would not be a place where you could
arrest or detain someone because as the Chief had previously stated these facilities are not equipped
for that.
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Ms. Arndt stated that in a previous discussion the Chief has stated if you have an office, a police office,
the expectation is you are always open. How many officers would need to be staffed there? If there
are two officers there 24/7, that is two fewer officers that are patrolling the streets.
Mr. Neil stated that the Chief has made it very clear that when there is a static location it is only good
for a short period of time. Basically, it seems that there is a need for continual police mobile presence
moving around the community. There are people defecating between cars, people who urinate between
cars, people exposing themselves, and people who are annoying customers trying to go in. It is not so
much that there is a place there but rather a mobile presence of having officers moving in, out, and
around. This also imposes the discussion of the Master Plan, giving people who are going to be
merchants and being brought in to develop that area confidence.
Mr. Neil stated that he would not say there is a need for a building but to leave it up to the Chief to
make sure there is a circulation of those officers going through the area, which will provide more
confidence along the line. Council just approved a new camera system, which will hopefully promote
speed when something is spotted, so that they can move as quickly as possible in that area.
Mr. Anderson stated that as an office rather than a substation it would not be required to be open 24/7.
A community relations office could have whatever hours established by the Police Chief to fulfill the
needs of the community. An example is when a Capital Police Officer was put in Dover Housing
Authority, in Capital Green on the street where there were problems, and it changed the whole
neighborhood. That office was not 24/7 but just having the presence and knowing they could show up
at any time helped quite a bit.
Dr. Short stated that she does recognize that something needs to be done but this may not be the
solution. Dr. Short stated that the community could bring up the issue of why this area of town and
not another location.
Responding to Dr. Short, Mr. Sudler stated that there has to be a starting point and Mr. Harrington has
given council the opportunity free of charge. When it comes to implementing a substation, or any
brick-and-mortar business, it is not just the operating cost, but the actual dwelling itself. There is an
opportunity to occupy space in an area that needs additional police presence, and this could be a great
start. Mr. Sudler stated this could start a movement, where people want to donate a dwelling in a
certain area because they want to help out because this is a social problem.
Responding to Mr. Sudler, Dr. Short stated that she agrees with Mr. Sudler’s point but he just alluded
to the next point, the police are understaffed and overwhelmed. If there is an overwhelming response
to others wanting this in their communities and there is an opportunity to do something similar what
does that look like? Chief Johnson mentioned that recruitment is a challenge. There are a lot of things
that need to be figured out coming from the community perspective and recognizing that the west end
feels left out.
Councilwoman Pillsbury stated that she believes the police should be out on the streets and not in a
building. Dr. Pillsbury stated there has been no feedback on the Dover Behavioral Program and
perhaps that location could provide privacy for that program away from the police station. If there is
someone who needs counseling, the officer or counselor can go to the office and provide them support
in a less threatening environment.
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Responding to Dr. Short, Dr. Pillsbury stated that the office may fit the needs of the Police Department
more as a counseling office. The officers need to be out on the streets but if there is a community
office with a non-threatening environment it could give them a resource to meet with people that want
help.
Chief Johnson stated that having an official police substation, there is a substantial cost. Staffing has
to be there because it would be considered an extension of the station and individuals will expect to
seek refuge there. If the doors are locked and the lights are out then there is a concern. If an office is
council’s goal, then they have to really plan what this office is, it has to have a specific mission. An
example of this type of office does not have a police officer but rather a civilian specialist. A half
public safety, half social services, kind of professional. The office may have the same color scheme
as the Police Department, but you have to call it something so that the community understands that it
is not a police station. Down the road, the doors can be open at certain hours because people will adapt
to the availability. The office becomes a swiss army knife, it can have a meeting space for a
neighborhood group to get together or meet with a constituent, or members of the business community
need to hold a meeting and just need some space.
Environmental Safety Concerns – Silver Lake
Mr. EShed Alston, Dover, Delaware, reviewed his proposal on adding industrial aerators to Silver
Lake to battle the blue-green algae (Attachment #1).
Responding to Dr. Pillsbury, Mr. Alston asked, does the state have any aerators? Does the county have
any aerators? Has anyone attempted to find out? If no one has then maybe start there. If aerators are
not available, they can be very expensive. However, if you want to keep the fish alive, it is what needs
to be done to keep down the pollution and nutrient overload.
Responding to Dr. Pillsbury, Mr. Alston stated that the goal is not to recover but to stabilize the system
so that there is not a mess like last year. If nothing is done by June or July, it will happen again.
Ms. Arndt stated that she and Mr. Alston had a good conversation and that if everyone thought like
him and had the same passion for improving water quality and the environment, they would not be in
this mess. Too many nutrients are the cause. Water quality statewide is unfortunately not that great.
There are a number of lakes within the state that have the same problem and the state has not been
able to solve it. Aerators are not a reliable lake management strategy; scientific literature does not
support the fact that they are effective. Some studies have shown, they have made the situation worse
or did not help at all.
Ms. Arndt explained when she worked with the Coastal Management Company, there were two
projects to install aerators in Rehoboth and South Bethany. They did not create a sufficient
improvement, there was a water quality improvement in the immediate vicinity of the aerator, but it
did not impact the quality overall. The number of impaired water bodies statewide, and the fact that
there are no aerators in those ponds is indicative of the fact that the state does not believe they work,
and scientific literature would support that.
Traffic Data – Impact on Rezoning Process
Mr. Sudler stated that when there is a rezoning process, there have been a lot of questions about how
this is going to reshape the community, and how much traffic is going to be in the community. When
constituents ask prior to phase two, council would like to be able to give an educated answer on what
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the current stressors are versus how they could be impacted. Maybe through a traffic count or some
other traffic data. What is the current traffic count, what are the current issues, and incorporate that
into the first stage of the rezoning. Then residents that live in that area, business owners, or
stakeholders that may be affected, have some type of idea of how the rezoning will impact that area.
Mr. Anderson stated that when looking at zoning there are certain restrictions; however, things that
are allowed to be considered in reading from the Delaware Code Title 22, Chapter 3- Municipal Zoning
Regulations, Section 303 states “The purpose of the zoning regulation is designed to lessen congestion
in the streets, to secure safety from fire, panic, and other damages, promote health and general welfare,
to provide adequate light and air, prevent overcrowding the land and undue concentration. To facilitate
the adequate provision of transportation.” In two places it talks about the congestion of streets and
facilitating adequate transportation as being an appropriate use of zoning regulations. Therefore, it
makes sense to incorporate the information so that there can be an understanding as council is rezoning
to understand what the traffic counts are, and looking at what impact possible uses are, does not seem
to be unreasonable by the plain language of the state code.
Mr. Rocha stated that the infrastructure was not designed for the population that is here now. Mr.
Rocha suggests doing a comprehensive metropolitan traffic circulation study in addition to what Mr.
Anderson suggested.
Mr. Neil stated that the complication is not all of the roads are our roads, they are state roads. The
source would be to ask DelDOT to do this, or the MPO combined with DelDOT. Mr. Neil stated that
the question is “Can we at the point that you are considering any kind of zoning, get that report in front
of it?” Understanding that having that report as part of the total picture will give you an idea of what
has to be done. Mr. Neil asked can we ask DelDOT to give an estimation in terms of their roads
because we do not have the capacity if it is their roads. Council will have to ask DelDOT to give the
overall look and then in the zoning process move it up in the timeline, so that when it hits there will
be some sort of idea of what that is going to mean.
Ms. Arndt stated that the Dover Kent MPO is where it will all start. There are some studies on their
site like the east/west truck study and there needs to be an adjustment for truck traffic. Truck parking
is also coming up more and there is the US-13 corridor study.
Ms. Mary Ellen Gray, Director of Planning and Inspections, stated that what council is looking to have
done is a Transportation Improvement District. This is a process done by DelDOT that models your
district, models the developments in Dover, takes a land forecasting model of all the potential areas
that could be rezoned, look at the highest use, forecast the traffic, and then would forecast the
improvements that would be needed. In addition, an added benefit would be allocating the costs of the
projects that would need to be done and the cost to each unit of development.
Traffic Safety – Constituent Concerns
Mr. Sudler stated that there has been concern from constituents that some states or cities have not been
enforcing ATV usage on public roads. In the video presented, there was a police officer right there
and they did nothing about the ATV, which is concerning.
Responding to Mr. Sudler, Chief Johnson stated the issue is liability and intelligence. One of the fastest
ways to get in trouble is to chase a motorcycle rider who is likely a juvenile. No matter what the
outcome is when an injury occurs the Police Department is at fault. Chief Johnson stated that the
Page 12
COUNCIL COMMITTEE OF THE WHOLE MEETING FEBRUARY 28, 2023 PAGE 12
individuals that ride the quads know this. The riders network through social media and know that the
police will not chase them because there is liability involved. The best attempt to counter this is by
monitoring them as much as possible. The Police Department gathers as much information as possible
in an attempt to identify the riders and the bikes. So that over time they can piece together what
neighborhoods, and then partner with community members to identify the house. Chief Johnson stated
that this is a concerning topic, and the Police Department is trying to handle it correctly.
Mr. Sudler moved for adjournment of the Safety Advisory and Transportation Committee
meeting, hearing no objection the meeting adjourned at 9:25 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing
no objection the meeting adjourned at 9:25 p.m.
Roy Sudler, Jr.
Council President
RS/ar
Attachments
Attachment #1 - Mr. EShed Alston’s Second Correspondence Regarding Silver Lake
Page 13
ATTACHMENT #1
DOCUMENTA nON OF PRESENT AnON OF ESHED ALSTONS
Council WRITIEN
Committee PROPOSAL
of the Whole Meeting of 2/28/2023
2/28/2023 FOR IMMEDIA TE AERATION OF SILVER LAKE DOVER DELA WARE TO
PREVENT ALGAE GROWTH CONDITIONS AS EXPERIENCED IN RECENT YEARS
PREVENTION ACHIEVED BY IMMEDIATE USE OF AERATION IS HEREIN PROPOSED
1. 11 days ago 17 February 2023 my written notice was given. Resulting from antecedent
conversation with the mayor. Documentation was subsequently filed with the Mayor City
council and City Manager. That was personally hand delivered to City Hall because of the
seriousness of circumstances and immediate need for action as was expressed in the document
2. The delay noted as counterproductive foolishness and waste of time. For prevention will cause
recurrence as a result of waiting. Having already lost EARL Y START 11 days ago. Should you
continue delay due to your ignorant opposition you. Will repeat the circumstances and conditions
needed for a recurrence of last years algae blooms. Should you continue wasting valuable time.
3. Having discussed my idea of bringing in aerators addressed the city's concerns and delay with
Tricia Arndt of the city's Parks department provided valuable information for delay reasoning. I
do not agree \vith Tricia Arndt's reasoning or assessment that aeration will not improve the
conditions and prevent or lessen the potential for a repeat of last year's ecological disaster. In
fact and function the city is sabotaging my timely efforts to stabilize Silver lake by needless
untimely delays. City of Dover and the public will be the true losers. Losers because a competent
skilled person of color and of Lenape Moor roots with needed expertise and answers was.
4. Rejected by the Mayor and the City of Dover in Black history month 2023. Whereas a Black
senior citizen a honorably discharges USAF veteran. Equipped with needed answers to prevent
repeat of serious significant public health threat. As noted as occurring in Black history month of
2023. I am not given timely opportunity to succeed by the City of Dover delays. As discussed
with Tricia Arndt I will employ a team approach going forward. Including her the State the city
of Dover and Delaware State University bordering silver lake and Dover high school students
interested in ecology and fisheries science are also included and invited to participate and assist.
[R1~~~~~~[D) ;'
FEB 28 2023
OFFICE OF THE CITY CLERK
Page 14
DOCUMENTATION OF PRESENTATION OF ESHED ALSTONS WRITTEN PROPOSAL
2/2812023 FOR IMMEDIATE AERATION OF SILVER LAKE DOVER DEL AWARE TO
PREVENT ALGAE GROWTH CONDITIONS AS EXPERIENCED IN RECENT YEARS
PREVENTION ACHIEVED BY IMMEDIATE USE OF AERATION IS HEREIN PROPOSED
1. 11 days ago 17 February 2023 my written notice was given. Resulting from antecedent
conversation with the mayor. Documentation was subsequently filed with the Mayor City
council and City Manager. That was personally hand delivered to City Hall because of the
seriousness of circumstances and immediate need for action as was expressed in the document
2. The delay noted as counterproductive foolishness and waste of time. For prevention will cause
recurrence as a result of waiting. Having already lost EARL Y START 11 days ago. Should you
continue delay due to your ignorant opposition you. Will repeat the circumstances and conditions
needed for a recurrence of last years algae blooms. Should YOll continue wasting valuable time.
3. Having discussed my idea of bringing in aerators addressed the city's concerns and delay with
Tricia Arndt of the city's Parks department provided valuable information for delay reasoning. I
do not agree with Tricia Arndt's reasoning or assessment that aeration will not improve the
conditions and prevent or lessen the potential for a repeat of last year's ecological disaster. In
fact and function the city is sabotaging my timely efforts to stabilize Silver lake by needless
untimely delays. City of Dover and the public will be the true losers. Losers because a competent
skilled person of color and of Lenape Moor roots with needed expertise and answers was.
4. Rejected by the Mayor and the City of Dover in Black history month 2023. Whereas a Black
senior citizen a honorably discharges USAF veteran. Equipped with needed answers to prevent
repeat of serious significant public health threat. As noted as occurring in Black history month of
2023. I am not given timely opportunity to succeed by the City of Dover delays. As discussed
with Tricia Arndt I will employ a team approach going forward. Including her the State the city
of Dover and Delaware State University bordering silver lake and Dover high school students
interested in ecology and fisheries science are also included and invited to participate and assist.
_f\E~ARKS
Page 15
_:r-._ =--..,;_
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