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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 25, 2017 at 7:31 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil (arrived at
7:32 p.m.), Mr. Lewis, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg,
Fire Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present (departed a 7:54 p.m.).
OPEN FORUM
Due to a scheduling conflict, the Open Forum was not held.
The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Lindell moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Anderson and carried
by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2017
The Minutes of the Regular Council Meeting of September 11, 2017 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
CERTIFICATE OF APPRECIATION - GIRL SCOUT TROOP #648, SERVICE UNIT #31
The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
As part of their Silver Award project, members of Girl Scout Troop #648, Service Unit #31, chose
to provide care packages, known as Agape Bags, to some of the most vulnerable members of our
community – the homeless population. They performed research by speaking with those in the
community who work with the homeless, gathered toiletries and necessities for distribution, and
visited City Hall on September 11, 2017 to provide these items to individuals in need. The City of
Dover commends:
Lea Hardesty
Lydia Klecan
Teresa Peña
for their efforts on behalf of the homeless, and shares their hope that their public service will inspire
others to help in this worthwhile cause.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 2
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate to troop members
and noted that they stood in front of City Hall prior to the last meeting and distributed their packages
to those who are less fortunate. He stated that, for the last year, they had heard how uncaring
the City of Dover and Kent County were in taking care of those who are less fortunate.
Mayor Christiansen advised that Girl Scout Troop #648, Service Unit #31 was a compassionate
group and he commended them for setting an example and joining with those who feel the necessity
to take care of those who are less fortunate.
PRESENTATION - APPRECIATION AND CONGRATULATIONS - EARL W. HAYES
On behalf of the Mayor and Council, Mayor Christiansen and Mrs. Sharon Duca, Public Works
Director, presented Mr. Earl W. Hayes with a City of Dover Plaque in recognition of his 30 years
of service to the City from June 1987 through September 2017.
Mr. Hayes stated that he had a lot of good co-workers over his 30 years and thanked members for
the recognition.
PROCLAMATION - CYBER SECURITY AWARENESS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, we recognize the vital role that technology has in our daily lives and in the future of
the City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use
the Internet for a variety of tasks, including keeping in contact with family and friends, managing
personal finances, performing research, enhancing education, and conducting business. Critical
sectors are increasingly reliant on information systems to support financial services, energy,
telecommunications, transportation, utilities, health care, and emergency response systems; and
WHEREAS, Internet users and our information infrastructure face increasing threats of malicious
cyber-attack, invasion of privacy from spyware and adware, and significant financial and personal
privacy loss due to identity theft and fraud; and
WHEREAS, Delaware's DigiKnow Campaign is aimed at increasing the understanding of cyber
threats and empowering the public to be safer and more secure online. Maintaining the security of
cyberspace is a shared responsibility in which each of us has a critical role, and awareness of
computer security essentials will improve the security of the City of Dover information infrastructure
and economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 2017 as CYBER SECURITY AWARENESS
MONTH in the City of Dover and urge all citizens to learn about cyber security and put that
knowledge into practice.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. Ray Acocella of the Information Technology Department. Mr. Acocella advised that their
department is working hard to ensure that the City is secure.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 3
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living
in and visiting our City, and fire is a serious public safety concern both locally and nationally. The
2017 Fire Prevention Week theme, "Every Second Counts: Plan 2 Ways Out!" effectively serves to
educate the public about the vital importance of developing a home fire escape plan with all
members of the household and practicing it twice a year; and
WHEREAS, a home fire escape plan provides the skill set and know-how to quickly and safely
escape a home fire situation and includes two exits from every room in the home, a path to the
outside from each exit, smoke alarms in all required locations, and a designated place outside where
everyone in the home will meet upon exiting; and
WHEREAS, residents are reminded to close doors behind them as they leave a burning building to
slow the spread of smoke, heat, and fire and, once outside, to stay outside and never re-enter a
building on fire.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 8 - 14, 2017 as FIRE PREVENTION WEEK in the
City of Dover and urge all residents to understand that seconds can mean the difference between
escaping safely from a fire and lives ending tragically. Residents are encouraged to develop a home
fire escape plan with at least two exits from every room and to participate in the many public safety
activities and efforts of fire and emergency service personnel.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Fire Chief Carey. Chief Carey advised that the Fire Department provided fire prevention education
to 2,800 children and its goal for this year is 3,000. He noted that the schedule had been extended
a week in an effort to reach more schools in October. Chief Carey advised that at least 1,000
children have visited the fire station.
PROCLAMATION - HALLOWEEN TRICK-OR-TREAT
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the
observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts,
witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends
and family door to door throughout the neighborhood to gather treats; and
WHEREAS, parents are urged to join in the festivities by accompanying their children throughout
their journeys in celebrating Halloween Trick-or-Treat and motorists are urged to drive with extra
caution and to be ever watchful of our youngsters making their rounds; and
WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping
their porch or exterior lights on and that youngsters call only on homes which are lighted.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 4
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim that the HALLOWEEN TRICK OR-TREAT observance be
held on the 31st day of October 2017, between the hours of 6:00 p.m. and 8:00 p.m. in the City of
Dover and urge all residents, both young and old, to make this a happy and safe occasion for our
children.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ryker and
Locklin Terrary, Jade Gilbert, and Deacon Harrison of St. John's Lutheran School.
Mayor Christiansen announced that the Dover Police Department's second annual trunk-or-treat
would be held on October 27, 2017 in downtown Dover and he invited everyone to attend.
PROCLAMATION - NATIONAL ADULT EDUCATION AND FAMILY LITERACY WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, more than 36 million Americans cannot read or write at the most basic level, and 60
million lack basic math skills and the credentials and skills necessary to succeed in post secondary
education. Every year, one in three young adults drops out of high school, while the demand for
more educated workers in our country continues to grow. By 2020, America will be short an
estimated 7.5 million private sector workers across all skill levels; and
WHEREAS, Adult Education programs contribute to solving these challenges by helping Americans
move along the continuum in their educational journey to achieve basic skills and prepare for career
and college. Adult Education serves adults, 16 years of age and older, who are no longer enrolled
in school and are functioning below the 12th grade level. Educating adults strengthens our
community, since low-skilled adults are two times more likely to be in poverty, four times more
likely to be in poor health, and eight times more likely to be incarcerated; and
WHEREAS, public schools, colleges, libraries, and other organizations in our community offer
programs teaching foundational skills in reading, math, and English, coupled with college and career
readiness skills that lead to employment or the transition to post-secondary education or certificates.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim September 24 - 30, 2017 as NATIONAL ADULT
EDUCATION AND FAMILY LITERACY WEEK in the City of Dover and urge all citizens to
participate in the national Educate & Elevate Campaign, which helps our residents learn about Adult
Education options to attain their professional and personal goals.
On behalf of the Mayor, Council, and the citizens of Dover, Mayor Christiansen presented the
proclamation to Dr. Betsy Jones, Director of Adult Education at Polytech; Ms. Judy Shelton, Adult
Basic Education Instructor; and Ms. Destiny Chandler, Adult Education student.
Dr. Jones advised that their Adult Ed programs serve about 6,000 students in Delaware, 1,000 of
which are in Kent County. She noted that there are programs in the Polytech School District and at
South Dover Elementary.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 5
PROCLAMATION - NATIONAL COMMUNITY PLANNING MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, change is constant in every community and affects all of us, and community planning
can help manage change in a way that provides better choices for how people work and live.
Community planning provides an opportunity for all residents to be involved in making choices that
determine the future of their community, and the full benefits of planning require public officials and
citizens who understand, support, and demand excellence in plan development and plan
implementation; and
WHEREAS, the American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions that sound planning and plan implementation make to the quality of our
communities and environment; and
WHEREAS, the 2017 National Community Planning Month theme is "Innovation in Planning,"
which underscores the important role that planning plays in addressing and adapting to challenges
faced by communities in the 21st century. Innovation is everything from using data sources and
technology to address issues - including inequality, access to transportation, and social mobility - to
celebrating new approaches to creating communities of lasting value.
NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of October 2017 as NATIONAL COMMUNITY
PLANNING MONTH in the City of Dover, and encourage all citizens to join me in recognizing
the participation and dedication of the members of the City of Dover Planning Commission and the
valuable contributions made by community and regional planners and our partner agencies at the
State and County level. We extend our heartfelt thanks for the continued commitment to public
service by these professionals and private citizens.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. Dave Hugg, Acting Director of Planning and Community Development.
Mr. Hugg advised that the American Planning Association's overriding theme is "Making Great
Communities Happen" and he stated that the Dover Planning Department and Planning Commission
are committed to that theme.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2017-10 -
REZONING REQUEST FOR PROPERTY LOCATED AT 826 FOREST STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 826 Forest Street, consisting of 0.5+/- acres, owned by Sarah E. Jones. The property is
currently zoned RG-1 (General Residence), subject to COZ-1 (Corridor Overlay Zone) and the
proposed zoning is C-1A (Limited Commercial), subject to COZ-1 (Corridor Overlay Zone) (Tax
Parcel: ED-05-076.12-01-16.00-000; Fourth Council District; Planning Reference: Z-17-04).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2017-10 be acknowledged by
title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 6
ordinance was accomplished during the Council Meeting of July 24, 2017. The Final Reading was
deferred during the Council Meeting of September 11, 2017.)
Planner's Review
Mr. David Hugg, Acting Director of Planning and Community Development, reviewed the petition
to amend the zoning district and the findings and recommendations of the Planning Commission.
He noted that the Planning Commission recommended approval of the rezoning request.
Responding to Mr. Sudler, Mr. Hugg stated that the rezoning would improve the potential for
continued use, and future use, by putting the entire property in a limited commercial district as
opposed to having a portion of it in a general residential district. He also noted that there had been
a number of contacts by staff with the property owner.
Mr. Sudler stated for the record to his constituents in that area that this would be an improvement
and not a non-improvement, noting that it will be a good thing.
Public Hearing
Council President Slavin declared the public hearing open. There being no one present wishing to
speak, Council President Slavin declared the hearing closed.
Mr. Sudler moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Neil and, by a unanimous roll call vote,
Council adopted Ordinance #2017-10, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 826 FOREST STREET
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from RG-1 (General Residence Zone) and subject to the COZ-1 (Corridor
Overlay Zone) to C-1A (Limited Commercial Zone) and subject to the COZ-1 (Corridor Overlay
Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
RG-1 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-1A
(Limited Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that
property located on the south side of Forest Street between Gibbs Drive and Lincoln Street
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 7
at 826 Forest Street, consisting of 0.5+/- acres, owned by Sarah E. Jones.
(Tax Parcel: ED-05-076.12-01-16.00-000; Planning Reference: Z-17-04; Council District: 4)
ADOPTED: SEPTEMBER 25, 2017
DOVER HUMAN RELATIONS COMMISSION REPORT - AUGUST 24, 2017
The Dover Human Relations Commission (DHRC) met on August 24, 2017
at 6:00 p.m. with Chairman Henderson presiding.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
Mr. Gaddis advised that, on August 9, 2017, he had mailed correspondence
Police Chief Marvin Mailey to introduce himself and had not yet received a response.
Mr. Gaddis stated that he assumed he was supposed to touch base with various
organizations within the government, introduce himself, and ask to get together to
discuss any concerns or, at the very least, to get to know each other a little.
Mr. Henderson suggested that Mr. Gaddis keep up with this and not be discouraged,
noting that he thought that Chief Mailey would respond.
Community Engagement Committee (Mullen)
No report was provided.
Education Committee (Fleming)
Mr. Fleming indicated that, prior to the DHRC meeting, he had attended a planning
committee meeting for an empowering parents conference that would be held on
September 30, 2017 from 10:00 a.m. through 1:00 p.m. at Wesley College and would
include lunch. He advised that the conference was in the planning stages and was
coming together nicely. Mr. Fleming stated that he had secured the parent of a girl
with special needs to be on a panel to discuss the subject of navigating school boards
and ways of making sure that his child got the kind of special treatment that she
needed. Mr. Fleming indicated that there would be more information forthcoming
as meetings are held.
Mrs. Herbert asked if the DHRC would have a table with brochures at the
conference. Responding, Mr. Fleming stated that he was unsure if the DHRC would
have a table, noting that this had not come up yet. He indicated that he would be
willing to sit at a table and, if the DHRC brochure was approved, he would take
copies with him.
Mr. Gaddis asked if members could go to the conference as citizens, as opposed to
Commission members. Responding, Mr. Fleming asked members who are available
to come and wear their DHRC shirts.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 8
Mr. Fleming stated that the planning committee planned to utilize parent-teacher
associations at the schools to get the word out, and the event would be advertised in
the Delaware State News and the Dover Post.
Communications Committee (Paige)
Mr. Offredo provided a draft Dover Human Relations Commission brochure, stating
that he had worked on the brochure with Ms. Paige. He explained that the brochure
was in draft format and that they would be happy to make changes if there were any
edits or suggestions. Mr. Offredo stated that there was one (1) glaring omission,
which he and Ms. Paige had consciously left out, and that was the section under
“What We Do.” Mr. Offredo advised that he, Ms. Paige, and the Commission as a
whole were still going through the soul-searching process of figuring out what the
DHRC does, or at least a way to successfully communicate it to the public. He asked
members to review the brochure, noting that it was 90% complete.
Mr. Offredo advised that he and Ms. Paige were starting to cultivate a media resource
sheet that would include reporters that they know in the area and their contact
information, which could be used when the Commission is ready to reach out to the
media to get coverage about the Commission, its mission, what members are doing,
and how they are going to try to be active in the community. Mr. Offredo stated that
he and Ms. Paige wanted to start to lay the groundwork for publicity; however, he
indicated that they thought that the Commission had to determine what message they
will tell the media and what role the DHRC will play in the community before
deciding to actively pitch local media.
Mrs. Herbert pointed out that the back of the brochure stated, “Meetings are the
fourth Thursday of each month from 6:00 - 7:00 p.m.” She stated that
Mr. Henderson had previously indicated that it would be nice to meet every month;
however, she was unsure whether or not that had been decided. Mrs. Herbert advised
that she thought that the DHRC should meet monthly. Mr. Henderson stated that he
would leave this up to the pleasure of the Commission. He noted that Future
Meeting Dates would be discussed during the latter part of the meeting.
Mr. Henderson stated that the brochure was still a draft in progress and asked
members who had input to let Mr. Offredo and Ms. Paige know.
Mr. Fleming stated that he had a penchant for a logo that was used in a previous
DHRC brochure and thought it was a nice effect for the DHRC. Mr. Offredo asked
if the City had the logo on file in the form of a JPEG which he could drop into the
brochure. Responding, Ms. Denise Devine, Assistant City Clerk, stated that the
Clerk’s Office could look into this.
State Human Relations Commission Liaison Report (Herbert)
Mrs. Herbert advised members that the State Human Relations Commission (SHRC)
meets at 5:30 p.m., upstairs in the Cannon Building, 861 Silver Lake Boulevard and,
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 9
on the day of their meetings, individuals must look to see whether or not a meeting
is canceled or ongoing. She explained that she and Mr. Henderson attended the
SHRC meeting on August 10, 2017 and asked, during the open period at the
beginning of the meeting, if the DHRC would be able to liaise with the SHRC.
Mrs. Herbert informed members that during the SHRC meeting she read Long-Term
Objective C.2 of the City of Dover Human Relations Commission Strategic Plan
2015 - 2018, which states, “Develop an understanding with the State Human
Relations Commission that will delineate the roles and procedures of the two
Commissions in the solution of alleged discrimination complaints which fall within
the jurisdiction of the State Human Relations Commission, and identify and maintain
specific ways the two Commissions will work together.” Mrs. Herbert advised that
Mr. Calvin Christopher, Chair, SHRC, stated that he would include the DHRC’s
request on the September 14, 2017 SHRC meeting agenda.
Mrs. Herbert informed members that Mr. Christopher had several suggestions
regarding what the SHRC and DHRC needed to talk about, and she had made it clear
that the DHRC understood that the DHRC was over Dover and the SHRC was over
the whole State. Mrs. Herbert stated that she would be attending the September
SHRC meeting and hoped that other members would also attend in case there were
questions to which she did not know the answers. Mr. Henderson indicated that he
would like to attend the September SHRC meeting.
Mrs. Herbert stated that the meeting that she and Mr. Henderson previously attended
was the SHRC’s Executive Committee meeting, and the DHRC request would be
considered by the full Commission.
DHRC Vacancies
Responding to Mr. Henderson, Mr. Offredo advised that he represents the Fourth
District on the DHRC, as does Ms. Paige.
Mr. Henderson indicated that all districts were currently represented by at least one
(1) member and the Commission was to have two (2) members from each district and
one (1) at-large member. He noted that one (1) additional member is needed from
the First District and one (1) from the Second District. Mr. Henderson noted that he
had spoken to Council President Timothy Slavin, who stated that he was comfortable
with the current number of members. Mr. Henderson stated that he himself would
rather have a functioning few than a cluster.
Future Meeting Dates
Mr. Henderson noted that the draft DHRC brochure discussed during the meeting
stated that the Commission meets on the fourth Thursday of each month from 6:00
p.m. to 7:00 p.m. He indicated that one (1) of the reasons that he had continued
monthly meetings was that he felt that it was necessary to keep the Commission
going or it would be lost; however, he stated that since Mr. Gaddis and Ms. Paige
became members, the Commission had more or less got itself in a general direction.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 10
Mr. Gaddis moved to recommend that the DHRC meet on the fourth Thursday of the
month at 6:00 p.m., seconded by Mrs. Herbert.
Mr. Henderson stated that he wondered if this recommendation needed to be stated
in the by-laws and noted that the by-laws state that the DHRC will meet at least three
(3) or four (4) times per year. Responding, Ms. Denise Devine, Assistant City Clerk,
reminded members that the Commission had rescinded its by-laws. She explained
that the Dover Code states that the DHRC meets quarterly, and special meetings can
be called by the Chair or three (3) members of the Commission. (City Clerk’s Office
Note: Chapter 58 - Human Relations, Article II - Human Relations Commission,
Section 58-33(c) - Meetings states that “the commission shall hold at least five
meetings per year; one each quarter and one to be determined by the commission.
Special meetings may be called by the chairperson or three members of the
commission. . . .”)
Mr. Fleming, referring to the DHRC Workshop of January 25, 2017, noted that
members had discussed the possibility of presenting proposed amendments to
Chapter 58, Article II of the Dover Code for Council consideration. He stated that
members had not done this because they had been busy; however, he had drafted
proposed language regarding an amendment, and asked if the Commission wanted
to consider it.
Mr. Henderson asked Ms. Devine if, in her opinion, the DHRC would have to go to
Council to approve the fact that they are meeting once per month. Responding,
Ms. Devine stated that she did not think that a Code amendment would be necessary,
since the Commission can call special meetings. She noted that regular meetings are
held quarterly, and when additional meetings are held the agendas indicate that they
are special meetings. Ms. Devine explained that regular meeting dates are set
quarterly.
Ms. Devine advised that the Commission had been meeting on the Thursday prior to
the fourth Monday of each month, not the fourth Thursday of each month as
members indicated. She explained that City Council meets on the fourth Monday,
and the DHRC usually meets on the Thursday prior to that, since the City Clerk’s
Office Staff is typically at City Hall that evening. Ms. Devine indicated that if
members preferred to meet on the fourth Thursday of the month, due to their
schedules or to make the wording easier in the brochure for the public, staff could
definitely work around that.
In regard to the proposed Code amendment Mr. Fleming stated that he drafted,
Ms. Devine explained that a Code amendment was not on the current meeting
agenda, so members would not be able to consider an amendment at this time. She
stated that a proposed amendment could be placed on the next agenda, if the
Commission wanted to consider making recommended Code changes to City
Council.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 11
Mr. Fleming read the proposed language which he drafted regarding an amendment,
as follows:
Chapter 58 - Article 2 - Meetings:
The Commission will hold as many meetings as is necessary to
conduct the business of the Commission. Special meetings may be
called by the Chairmen or three members of the Commission. No
fewer than five meetings per year. Meetings shall be held at City Hall
and other places in the community in accordance of the laws of
Delaware regarding the Freedom of Information Act and the City of
Dover procedures. The Commission will distribute its agenda and
minutes through the City Clerk’s Office.
Mrs. Herbert stated that she was concerned that the DHRC does not announce in the
paper when they are going to meet, noting that it was necessary for her to go through
a lot to find out whether or not the State Human Relations Commission (SHRC) was
meeting. She advised that she was concerned that if the DHRC states that they will
meet and then they do not have a quorum of members present, or if a meeting is
canceled, the public may come to an empty room. Mrs. Herbert stated that there is
not an easy way to find a statement on the website that something is canceled or it is
going to continue. She advised that there are a lot of people who do not have
computers, and the DHRC’s business may happen to include people who are not able
to easily figure out when the Commission is meeting and when it is not.
Mr. Henderson asked if this matter was something that the Communications
Committee could look into. He indicated that the Dover Post has a community page
where the Rotary Club and other businesses are posted. Mr. Henderson suggested
that, after members get the wording straight, this could be an avenue to announce on
a regular basis when the meetings are and some of what is talked about.
Ms. Devine explained, for example, that the City’s Economic Development
Committee has regularly scheduled meetings, as the DHRC is proposing, and does
not have a meeting next week. She advised that when a committee has no agenda
items to consider, an agenda cancellation notice is posted stating that no meeting will
be held. Ms. Devine advised that this notice is posted on the City’s website; on the
bulletin board in City Hall, per State and Federal law; and in the agenda racks. She
noted that if there had not been a quorum of members for the current DHRC meeting,
then the door would have been closed, and if the public came at 6:30 p.m., they
would not have been able to get into the building to know that there was no meeting.
Ms. Devine explained that, similarly, if a DHRC meeting ends by 6:30 p.m., then
everyone goes home and, if the public comes, they do not know that a meeting has
already been held. She stated that if the public is not present when a meeting begins,
there is no way to make it known that the meeting ended early because members
finished their business. Mrs. Devine advised that she thought that this was the same
for all of the meetings in the community.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 12
Mrs. Herbert suggested that the DHRC allow the first 10 minutes for the public to
speak their concerns, as the SHRC does. She stated that the public would know that
they need to be present on time and members could find out the feelings that the
public have.
Mr. Henderson indicated that an Open Forum could be held once the DHRC gets the
public to show up and noted that City Council has an Open Forum before Regular
City Council meetings. Mrs. Herbert reiterated that the SHRC has an Open Forum,
although they did not at the first meeting she attended; however, she was noticed
halfway through the meeting and invited to come to the table. She stated that, based
on her experiences trying to get in touch with the SHRC and to find out when their
meetings are and where their minutes are, the DHRC should make this as easy as
possible, especially if someone is coming with a concern.
Ms. Devine noted that currently those who are interested in City meetings can sign
up for meeting notifications for specific boards on the City’s website under Meetings
and Agendas, or can contact the City Clerk’s Office to request notification through
the Agendas and Notices email distribution list.
Mr. Fleming stated that he thought that Mrs. Herbert had a good idea regarding
holding a 10-minute time period at the beginning of DHRC meetings to allow people
who come an opportunity to speak. Mrs. Herbert stated that since members are only
allowed to meet between 6:00 p.m. and 7:00 p.m., they may have to go ahead and
meet if no one from the public is present to speak. Mr. Henderson advised that City
Council allows speakers three (3) minutes, and some people do not use up the whole
three (3) minutes and others have to be added on. He noted that he had been to quite
a few Open Forum segments when he served as a City Chaplain.
Mrs. Herbert asked if the DHRC would have to wait until 6:10 p.m. if no one from
the public was present at 6:00 p.m., noting that they would have lost 10 minutes.
Responding, Mr. Fleming stated that he thought that if no one was present at
6:00 p.m., the DHRC would begin their meeting, and if someone arrived at 6:05 p.m.
they would be allowed to speak.
Mr. Henderson asked if the Council Chambers would be available if the Commission
decided to meet on the fourth Thursday of every month. In response, Ms. Devine
stated that she could not answer that question without looking at the Council
Chambers schedule.
Mr. Gaddis moved to table the motion to recommend that the DHRC meet on the
fourth Thursday of the month pending further research regarding Chapter 58 of the
Dover Code and potential other dates. The motion was seconded by Mr. Fleming and
unanimously carried.
Responding to Ms. Devine, Mr. Henderson stated that he typically works with
Mrs. Jody Stein, Administrative Assistant, City Clerk’s Office, to schedule meetings
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and then provides the information to members. He advised that, whether or not this
matter was tabled, he was sure that it was members’ wish to meet next month.
Mr. Fleming stated that he and Mr. Offredo would both be unable to attend a meeting
on the fourth Thursday of September. Responding, Mr. Henderson indicated that if
it was the Commission’s intention to meet in September, it would be a special
meeting and they could consider meeting on the third Thursday of the month.
Mr. Offredo advised that he would be unavailable on the third Thursday as well;
however, Mr. Fleming stated that he would be available. Mr. Henderson stated that
members would be informed of the next meeting date.
By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote.
CO UNCI L C O M M I T T E E O F T H E WH O L E REPO RT -
SEPTEMBER 12, 2017
The Council Committee of the Whole met on September 12, 2017 at 6:01 p.m., with
Council President Slavin presiding (departed at 7:12 p.m. and returned at 7:15 p.m.).
Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce (departed at 6:15 p.m. and returned at 6:16 p.m.; departed at
7:12 p.m. and returned at 7:14 p.m.), Mr. Hare, and Mr. Lindell (arrived at 6:07 p.m.;
departed at 7:08 p.m. and returned at 7:12 p.m.). Mayor Christiansen was also
present (departed at 7:28 p.m.). Civilian members present for their Committee
meetings were Mr. Shevock and Dr. Stewart (Legislative, Finance, and
Administration), and Mr. Caldwell and Dr. Warfield (Parks, Recreation, and
Community Enhancement).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
Evaluation of Requests for Proposals (RFP) - Enterprise Resources Planning
(ERP)
Mr. Kirby Hudson, Assistant City Manager, reminded members that the Finance
Department had solicited proposals (RFP # 16-039FN) for consulting services to
assist the City with an Enterprise Resource Planning (ERP) project. The City
selected Berry Dunn McNeil & Parker, LLC (BerryDunn) as the consultant to
successfully guide the City through the initial project of Phase I which included the
ERP needs assessment, software development, vendor selection for Phase II
consultant, and contract negotiations with the ERP vendor selected.
Mr. Hudson advised that proposals were solicited for an ERP solution that would
best meet the City's requirements in March 2017, and two (2) entities responded to
the Request for Proposal - ERP System Selection Project: Edmunds and Associates,
and Tyler Technologies. He stated that, after staff's due diligence and with the
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technical assistance of BerryDunn, it was staff’s recommendation that the Cities enter
into an Enterprise Resource Planning Technology Implementation Contract with
Tyler Technologies. Mr. Hudson noted that the Tyler proposal provided the best in
class functionality and would provide the City with a long-term solution.
Mr. Hudson informed members that City staff selected the City-Hosted Deployment
as the ERP solution at an estimated one-time cost of $2,193,832 and an annual
maintenance cost of $200,220. He explained that maintenance cost will start upon
the installation of each module as the City works through the three-year project
schedule. Mr. Hudson stated that the City has requested to price in the E-Notify
services (annual cost $24,200) for customer alerts/notifications and the ECitation for
Police Code enforcement operations. He advised that these items are being included
in the final contract negotiations, so the final pricing will vary but will remain within
budget.
Mr. Hudson stated that staff was also requesting authorization to retain the services
of BerryDunn to assist with the implementation phase of this project. He advised
that their proposal for that service was $186,665, which was within $5,000 of two (2)
proposals submitted in the original consulting RFP.
Staff recommended authorization for the Acting City Manager to enter into a contract
with Tyler Technologies for the purpose of acquiring an Enterprise Resource
Planning system and authorization to retain the services of BerryDunn to assist staff
with the implementation phase of this project. Total cost not to exceed the
authorized budget unless otherwise approved by City Council.
Responding to Mr. Sudler, Mr. Hudson explained that if the E-Notify module is
obtained, Customer Service staff would ask new customers and existing customers
who come in to pay their bills for cell phone and email information, which would be
needed to contact customers by text and email. He indicated that staff would explain
why they were asking for the information, stating his belief that customers would
want to provide their information because this service would benefit them.
Mr. Hudson noted that ECitation relates to law enforcement and is a separate module.
In response to Mr. Anderson, Mr. Hudson advised that staff did not personally test
these solutions. He explained that BerryDunn gave Edmunds and Associates and
Tyler Technologies each two-and-a-half days to go through all of their modules, and
a number of department heads and staff attended these presentations. Mr. Hudson
indicated that staff was able to explain how the current systems work, ask if the
companies’ modules could perform those functions, and ask questions. He stated
that staff was able to get their individual needs addressed and pinpoint some of the
things that the City would like to see for particular departments. Mr. Hudson noted
that each department looked at modules from their own standpoint, and staff
overwhelmingly stated that they liked the Tyler Technologies proposal much better
than Edmunds and Associates.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 15
Mr. Anderson asked how system information would be backed up. Responding,
Mr. Hudson explained that staff recommended the City-Hosted Deployment, so
everything would be located on-site.
In response to Mr. Anderson, Mr. Hudson stated that the annual cost would be lower
with the new system, if approved, and that the City still had to enter into the
negotiation phase. He noted that BerryDunn negotiates with governments, school
systems, and colleges and, as a consultant, BerryDunn had worked with Tyler and
many other entities. Mr. Hudson stated that staff believed that, coupled with
BerryDunn, they should be able to get the price down.
Responding to Mr. Anderson, Mrs. Donna Mitchell, Acting City Manager, stated that
the Town of Georgetown uses the full Tyler Technologies suite, and the City of
Newark uses the general ledger (GL) side but not the utility billing. She noted that
the City of Newark had another firm doing their utility billing but then had to
integrate and experienced a lot of difficulties, and the City of Dover’s staff did not
want to go down that path. Mrs. Mitchell advised that staff wanted to have one (1)
company so that everything would be fully integrated. (City Clerk’s Office Note:
Subsequent to the meeting, Mr. Hudson clarified that it was Sussex County, rather
than the Town of Georgetown that uses the full Tyler Technology Suite.)
Mr. Neil noted the large difference of $2M versus $531,000 in price and asked why
staff felt the Tyler software was so superior to Edmunds. Responding, Mr. Hudson
stated that this could be described as driving a Mercedes Benz and then getting into
a Yugo. He advised that every department head and staff member involved believed
that the Tyler system was easier to understand, view screens, and work with for their
particular module.
Mrs. Mitchell advised that Tyler has much more functionality than Edmunds and,
while Edmunds would get the City partway into the 21st century, Edmunds would
bring it all the way there. She explained that the Tyler system covers every office
that the City has, and the ECitation module for police fines could be integrated as a
separate PC system. Mrs. Mitchell stated that the Tyler system covered the whole
gamut of everything staff could imagine would be needed for the City’s system,
including every type of billing, inspections, planning, and code. She indicated that
Edmunds was not able to do everything to get the City where it needed to be for the
long term, and this was the driving force for staff’s recommendation to select Tyler
Technologies.
In response to Mr. Lewis, Mr. Hudson indicated that if the proposed system was
implemented, staff intended to go forward with the project, rather than doing a trial
run, because staff had the opportunity for approximately the last six (6) months to
review and test it. He noted that staff had not necessarily been at terminals using the
system but they had watched Tyler perform things that were closely related to what
staff does on a daily basis.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 16
Mr. Lewis asked how much advance notice customers would be given regarding their
billing cycle if the system were approved. Responding, Mr. Hudson advised that
staff could tailor the notice, explaining that a robo-call could be issued with a drop-
dead date, or alerts could be issued some time before implementation. Mr. Lewis
asked if this would be optional for customers. Responding, Mr. Hudson stated that
staff would let customers know that the City has a feature that is going to benefit
them; however, staff could not make someone provide their information if they do
not want to. He indicated that he was unsure why customers would not want to have
a reminder that would eliminate the typical excuses that staff frequently hears from
customers regarding not paying their bills because they forgot or were away on
vacation.
Ms. Slavin stated that he had a little experience with such implementations. He
advised software typically comes with standard functionality, and requirements are
then mapped into the standard functionality. Mr. Slavin explained that a gap exists,
and there is an option to modify the system and have it meet everything that the
agency currently does or modify business practices so that they meet the system. He
indicated that there is typically an 80/20 rule, whereby 80% is the out-of-the box
system and there is a 20% gap between the requirements and the system. Mr. Slavin
asked if staff had looked at the gap analysis between the City’s requirements and the
capability of the software in general terms. Responding, Mr. Hudson stated that the
whole idea behind having department heads and staff attend sessions was to come up
with ideas, and this was discussed repeatedly. He stated that BerryDunn would also
allow staff to submit questions at a later date if things came up at the last minute.
Mr. Slavin cautioned that there would be an additional one-time cost for each
modification made to the system and, although some of the cost may be included in
the customization, modifications may increase the out-year maintenance cost. He
advised that the City would be forced into upgrades on the software and would have
to upgrade modifications each time as well.
Mr. Slavin stated his assumption that the City would not run ADP and the new
system as parallel systems but would have a cut-over date. He stated his belief that
what Mr. Lewis had been hinting at was the fact that there would probably be a fairly
rigorous acceptance testing to ensure that things are being done correctly, people are
being paid the right amount, and bills are being issued for the right amount.
Mr. Slavin asked what dates were driving the decision for the cut-over, noting that
sometimes it is a fiscal year and sometimes a pay cycle. Responding, Mr. Hudson
stated that one (1) of the reasons that BerryDunn was being asked to be the City’s
consultant and to assist staff with the implementation phase was that they have a lot
more experience. Mr. Slavin advised that, although staff may think that the system
can be turned on and go live as soon as they get through testing, they would find that
they will only have four (4) available dates for any year when this can be done so that
everything syncs up.
Mr. Sudler asked if staff had compared success rates for neighboring cities in regard
to this system. Responding, Mr. Hudson stated that he had a list of municipalities
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 17
throughout the country which were very close to Dover in size, with some a little
larger; however, none of them were in Delaware. He explained that staff used a
scoring method to compare the companies that presented, noting that BerryDunn
helped with this process. Mr. Hudson stated that both systems were scored twice and
the results were clearly on the side of Tyler, rather than Edmunds and Associates.
Responding to Mr. Sudler, Mr. Hudson stated that, as a whole, staff did not come
across any negatives for the Tyler system. He noted that Edmunds was not able to
provide some things that staff would have liked to have seen but they indicated that
they may be looking to do them in the future.
Mr. Sudler stated his belief that, if the system were implemented, retaining contact
information would have to be mandatory for total success. He advised that it would
be a good idea to make it mandatory for customers to provide contact information
when they sign up to let them know that their bill may or may not be late.
Mr. Hudson advised that staff would be asking all new customers for their contact
information and it would not be optional. He indicated that the option would be for
existing customers from whom staff would have to ask for additional information.
In response to Mr. Shevock, Mr. Hudson stated that the City’s current hardware
would not be capable of running the functionality of the new system and new
hardware equipment would be needed, in addition to the software.
Mr. Shevock noted that a little more than $2M was budgeted for the current year and
asked if the other funds would be budgeted next year to cover everything.
Responding, Mr. Hudson stated that the figures that the Committee was reviewing
would apply to the implementation of the system. He reminded members that the
two (2) additional modules that were added in for Customer Service and the Police
Department would be negotiated. Mr. Hudson stated that staff felt that the current
price was a sticker price and could still be negotiated.
Mrs. Mitchell reminded members that this project started in September of 2016 when
vendors were brought in with demos, and they showed staff what new systems would
look like and piqued their interest. She explained that staff set up a process and an
RFP was completed to select a vendor to help staff select an ERP system.
Mrs. Mitchell stated that she had sent a milestone chart to Council a couple of times
letting them know where staff was on the project. She noted that staff had been
following the project plan all along and the ERP had been in the Capital
Improvement Plan (CIP) for the last two (2) years. Mrs. Mitchell advised that the
total funds for this project had been included in the CIP over three (3) years and
noted that the timing for paying the fees may be different. She stated that the process
took into account the demos that Mr. Hudson had discussed, and staff went through
scoring sheets. Mrs. Mitchell estimated that BerryDunn had been to Dover probably
three (3) times having seminars with staff, writing seminars, scoring the products,
and doing a needs assessment. Mrs. Mitchell explained that staff went through a very
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long needs assessment and all departments had to fill out forms regarding their needs
to make sure that the system would meet the needs.
Mrs. Mitchell explained that staff was being told that the system would not be a
customizable solution but a standard package, and the City would need to change its
processes to meet the system. She advised that staff was not looking to do a lot of
modifications and customizations because they would be outside of the regular
license and maintenance fees. Mrs. Mitchell stated, in regard to customer files, that
staff had been told that they could cross modules for taxes, utilities, permits, clean
hands, etc., that staff deals with every day. She indicated that when a customer is
brought up, everything for that person would be provided, noting that currently the
information for each module type was in a silo and the customer’s name was entered
differently.
Mrs. Mitchell stated that staff met last week and planned to start with the GL, and
other functions would be phased in. She advised that the utility billing would be at
the end of the three-year time frame. Mrs. Mitchell stated that they met with the tax
office, permitting and inspections, and utility billing and told them of the need to get
their files matched up. She explained that staff had been told that this could be done
before or after the fact, and she did not want to do it after the fact because it would
not get done, and she wanted the system to work the way it is supposed to work.
Mrs. Mitchell advised members that staff would be starting with the tax system
because it is the main system that includes lot numbers and tax information. She
stated that she had her monthly meeting with Mrs. Cheryl Bundek, Tax Assessor,
earlier in the day, and Mrs. Bundek and Ms. Patricia Marney, Customer Service
Director, had already developed a checklist of all the information that staff has to
take from each customer and input, to ensure that the same information is available
to everyone who needs to access it. She indicated that staff was already being trained
that the City has to change the way it does business.
Mrs. Mitchell stated that this would be a really big project, the consultants had
advised that it would take approximately 30% of the time of the key people involved,
and staff was being told that they must gear up for it. She expressed her hope that
interns could be brought in to help with routine tasks if there were funds left over;
however, she did not know if there would be enough funds to do this. Mrs. Mitchell
explained that funds were getting close because she was asking to add ECitation to
make things easier on the police. She advised that staff was trying to manage to the
budget and make sure that everyone is educated on how the project would work and
what the expectations are.
Mrs. Mitchell stated that, after reviewing the scope of work from Tyler, she was
thinking about relocating a staff member to the former office space of
Mr. William Neaton, with the sole responsibility of making sure that everybody stays
on track. She noted that she had not yet talked to this staff member. Mrs. Mitchell
advised that staying on track would affect the City’s pricing, and she stated her belief
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that an allowance of approximately 250 hours of leeway would be given and the City
would have to pay more for anything over that. She stated that staff understood that
this project was a big step for the City; however, the City has had the current system
for 20 years and there was a need to move into the future.
Mr. Anderson asked if Edmunds would require the City to use ADP. Responding,
Mrs. Mitchell explained that Edmunds has a payroll system but not time and
attendance. Mr. Anderson noted that this was another flaw with Edmunds.
Mrs. Mitchell advised that staff was trying to keep everything moving into a fully
integrated system so there would not be silos, like the City currently has. She stated
that staff was trying to get all the pieces communicating and working together.
Dr. Stewart noted that City-Hosted Deployment would be cheaper than Vendor-
Hosted and asked if the City has the staff and technical background to actually
manage the system once the vendor wraps it up and walks away. Mrs. Mitchell
responded yes, stating that the City has an IT programmer for its HTE system who
is on an IBM AS400 and is somewhat familiar with SQL. She indicated that staff
chose City-Hosted Deployment, and the additional hardware cost of approximately
$62,000 was included in the $2,444,000 in the recap of the budget. Mrs. Mitchell
noted that the system would take an SQL programmer, and the $2,444,000 included
$70,000 for an SQL programmer consultant to help with the project and to train the
City’s current programmer how to do the job in the future. She noted that she had
received the RFP for the consultant earlier in the day. Mrs. Mitchell stated that,
rather than telling the current employee that they are not qualified for the job
anymore, the City will get the employee qualified for the job by having the consultant
train them at the same time they are helping with the project.
The Committee recommended approval of staff’s recommendation to authorize the
Acting City Manager to enter into a contract with Tyler Technologies for the purpose
of acquiring an Enterprise Resource Planning system and authorization to retain the
services of BerryDunn to assist staff with the implementation phase of this project.
Total cost not to exceed the authorized budget unless otherwise approved by City
Council.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Proposed City of Dover Ethics Initiative
Mr. Polce stated that, in order for Councilmembers, Council-appointments,
Mayoral-appointments and the Mayor to better serve the constituents of the City of
Dover in an open, transparent fashion and to further be held accountable for any
conflicts of interest, the proposed Ethics and Financial Disclosure Initiative was
brought forward for consideration. He reviewed the Initiative as follows:
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 20
The following actions shall be taken by each of the designated
persons:
1. Councilmembers shall file financial disclosures annually with the
Public Integrity Commission. Councilmembers shall submit
proper and necessary documentation by August 1st of each
calendar year.
2. Committee and Commission appointees shall sign an
acknowledgment decree of the ethics policies of the City of
Dover. The document shall be read, reviewed, and signed by all
appointees by the time of their appointment or re-appointment.
3. Councilmembers, Council-appointments, Mayoral-appointments,
the Mayor and all city employees shall undergo and receive
annual training on the City of Dover's ethics policies and
procedures.
Mr. Polce noted that the City currently has an Ethics Commission that was put in
place before his time on Council. In regard to recommendation #1, he stated that
Council members should be held accountable by filing an annual financial disclosure
form to the Public Integrity Commission (PIC) that would clearly delineate Council
members’ personal holdings and highlight any personal conflicts of interest that
could arise throughout normal business.
Mr. Polce moved to recommend that the recommendations be forwarded to full
Council, seconded by Mr. Lindell.
Mr. Anderson advised that he liked the idea of point #2 and thanked Mr. Polce for
bringing the subject up. Responding to Mr. Anderson, Mr. Polce stated that he was
open to clarification regarding point #3 and that the annual refresher training was
something that could be done online or by paper rather than holding a meeting for
that purpose. Mr. Anderson indicated that he would like to see this clarification put
in the amendments.
Mr. Anderson asked why members would file disclosures with the PIC, noting that
this is not required in the City’s Charter and the City is governed under its own
ethics. He indicated that he was a bit skeptical of this recommendation, as someone
who had been a longtime privacy advocate. Mr. Anderson stated that this
requirement would be enough to be intrusive but not enough to do any good at the
State level, and he did not see how that would change at the City level.
Mr. Polce expressed appreciation for Mr. Anderson’s support for points #2 and #3.
He stated that, in regard to point #1, he had filed a PIC disclosure form directly after
he was elected, and he knew that other current and past members of Council had filed
as well. Mr. Polce noted that this is an easy process, explaining that the form asks
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 21
where your sources of income are coming in from and at what amounts. He indicated
that this document keeps you true to know where your financial interests lie.
Mr. Polce stated that this is a level of transparency for the general public and a way
to hold members and their constituency accountable for actions of potential
impropriety.
Mr. Anderson asked if a conflict of interest was not governed already under the ethics
code. Responding, Mr. Polce stated that the major concern was that a conflict would
not be disclosed, noting that currently the Ethics Commission does not require
disclosure of financial holdings and vested interests by Council. He noted that
members could recuse themselves; however, this would be based on a Council
member’s personal actions. Mr. Polce advised that his recommendation would:
1) streamline the process; 2) create equity among all Council members, specifically
with financial interests; and 3) open the doors for full and open transparency as much
as possible.
Mr. Anderson asked if Mr. Polce had any particular reason for the suggestion, or
statistical or other background regarding this issue being a problem. In response,
Mr. Polce advised that, nationally, numerous municipalities around the same size as
the City have financial disclosure documentation. He indicated that Delaware's
situation is unique in that it has a State-wide entity whose sole job is to receive these
documentations, reconcile them, and be the public watchguard of potential conflicts
of interest. Mr. Polce stated that he was pretty sure that not a single municipality or
town had taken this step in Delaware, based on his limited research in the State, and
the City of Dover would be the first. He advised that there is potential impropriety
happening in some of the municipalities across the State, noting that it is seen quite
often in the newspaper that council members’ discretionary funds, and their personal
vested interest in those discretionary funds, raise questions and alarm. He indicated
that the recommendation would be a way to create an even playing field for all
members to be proactive, disclose their interests, and have transparency to their
constituency, which hopefully would allow members to perform better government.
Mr. Sudler stated that, in regard to point #1, he did not have a problem disclosing
who he works for and some of his interests, but did have a problem with disclosing
how much money he makes. He indicated that this was personal, noting that some
things should remain personal and some public, and he did not think disclosing how
much he makes or does not make is the public’s view. Mr. Sudler advised that the
IRS can provide information if someone was really inquisitive as to his finances or
if this was an issue; however, he did not think this was necessary. He indicated that
he did believe it necessary to provide a member’s employer or what other jobs they
may have for conflict of interest. Mr. Sudler stated that he did not appreciate the
kind of legislation that pries into his personal income. He noted that members are
public officials and open to scrutiny; however, they also have a right to privacy.
Mr. Slavin stated that Mr. Sudler had offered a valid concern and, for clarification,
Mr. Slavin explained that the PIC filing does not ask for level of income but asks
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2017 PAGE 22
where the individual is receiving income from over a certain amount and who the
individual is in debt to over a certain amount so that they know what entanglements
the individual may have.
Responding to Mr. Hare, Mr. Polce explained that individuals are asked if they have
any holdings above a certain amount. Mr. Hare asked if individuals are asked about
property or business ownership, for example, if someone was a 90% equity owner of
a company. Responding, Mr. Slavin stated that a business ownership level over a
certain amount would be disclosed; however, he did not believe that individuals are
asked for disclosure on real property. Mr. Polce advised that if members owned
several homes held in an LLC, they would have to report that information because
it is a business entity; however, they would not have to report their personal domicile.
Mr. Hare asked if an individual would have to disclose that they own property that
they are trying get the City to do something with, that the City may not want to do,
for example annexation. Responding, Mr. Polce stated that this would technically
not have to be disclosed.
Mayor Christiansen stated that he appreciated Mr. Polce bringing this forward since
Mayor Christiansen was one of the people who originally brought the City’s Ethics
Commission to fruition. He indicated that he agreed with some of Mr. Sudler’s
points; however, when there is mischief outside of the City, it is reassuring that
Council is addressing these issues. Mayor Christiansen advised that he would be
supportive. He indicated that he also agreed with Mr. Anderson, noting that
committee members and Council appointees are all on tight schedules and have other
lives; therefore, an online option or paper copy should be available.
Mayor Christiansen advised that he thought it really important that the public have
trust that the members of Council, the Mayor, and City staff are above reproach, and
the City owes this to the public. He stated that he appreciated the Legislative,
Finance, and Administration Committee and members of Council for being candid
in their discussions.
Mr. Slavin stated that he believed very strongly in this proposal and appreciated that
it was being brought forward. He advised that this would correct a deficiency that
the City has, stating that members receive little to no real guidance on ethics on a
one-time or annual basis, through no fault of their own, simply because they do not
pay attention to it. Mr. Slavin indicated that members know what is in the ordinance
and Code; however, they have other responsibilities as well, and leaving ethics to a
case-by-case basis makes for difficulty sometimes. He stated that the
recommendation would allow members to be very proactive and would align them
with a practice that is already in place for hundreds of public officials of the State,
and this is a standard that he thought members should shoot for. Mr. Slavin advised
that this would correct a deficiency, which he stated was not meant as a slight to the
members of the City’s Ethics Commission. He stated that he thought that members
of the Ethics Commission would perhaps agree with the statement that when they are
nominated by the Mayor and confirmed by Council, they are then in a delicate
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position when a member of Council has to come before them. Mr. Slavin explained
that the recommendation would take the elected officials out of the Ethics
Commission’s purview but would leave everyone else, so the Commission would be
dealing with appointees and staff.
Mr. Slavin stated, in regard to Mr. Anderson’s concern, that PIC filings, which
Mr. Slavin had been filing for over 20 years as a public official in Delaware, are
eligible under the Freedom of Information Act (FOIA), but they are not published.
He noted that when an individual hits the send button, the filing does not go to a
website that lets everyone see it.
Mr. Sudler asked, in regard to point #3, if PIC would step in and be the deciding
factor for an ethics complaint or issue regarding the Mayor or Council. Responding,
Mr. Polce stated that this would apply to the entirety of his recommendations and not
specifically to item #3.
Mr. Polce withdrew the motion to recommend that the recommendations be
forwarded to full Council, in order to accept amendments to the proposed Ethics and
Financial Disclosure Initiative document.
Mr. Sudler stated that he would like to work with Mr. Polce regarding council
members and mayor concerns going to the PIC rather than the Ethics Commission.
He indicated that he thought this was a great idea.
Mr. Polce stated that he appreciated Mr. Sudler’s comment and was committed to
adopting feedback from this conversation to ensure members get it right. He
indicated that it was a pivotal point that probably lacked clarity within the document
that PIC would be the proper channel for recourse for all three (3) points. Mr. Sudler
thanked Mr. Polce for his hard work and answering his questions.
Mr. Lewis thanked Mr. Polce for bringing this issue forward, noting that he was a big
proponent of transparency. He asked where the training would come from and
whether an attorney from PIC would be called in to give members a course.
Responding, Mr. Polce indicated that he was committed to making sure that, moving
forward to Council, there is clarification in the document. He advised that his
commitment was to making sure that the modality is best fitted for the individual, so
online training or a written test, as suggested by Mayor Christiansen, would be
completely acceptable. Mr. Polce advised that numerous initiatives across the nation
have several forms of ethics training, which is most often offered in an online
platform that takes a few hours to complete and certification is given. He noted that
the State currently requires annual ethics training.
Mr. Lewis asked how technical members would get and if they would reveal 401(k)s
and pensions. In response, Mr. Polce advised that, anecdotally, the PIC form is very
easy to submit. He noted that it asks where the individual’s income is coming from
and if they have any vested interests in stocks/bonds, over a certain threshold.
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Mr. Polce stated that it did not ask how an individual is vested, such as if the majority
share of a rolling Roth is in real estate or not, but does ask very direct, simple
questions about financial interests, records them, and holds the individual
accountable. Mr. Slavin stated, for clarification, that if holdings were in a mutual or
retirement fund, the individual is only required to name the fund. For example, he
advised that the State has a Voya retirement fund, and if you are in that, you just state
Voya retirement.
Mr. Anderson stated that he would like to get working toward an amendment so that
members could move this forward, as he thought it was worthwhile. He asked how
members wanted to word the amendments, for instance an amendment regarding the
annual training and another regarding the PIC. Responding, Mr. Hare suggested that
members let Mr. Polce take the proposal back, tweak it, and bring it back at the next
Committee meeting, and Mr. Anderson and Mr. Polce agreed. Mr.Polce thanked his
colleagues for their feedback, and promised to incorporate the Committee’s
recommendations and revisit the subject at the next Legislative, Finance, and
Administration Committee meeting.
Mr. Hare stated that this item would be placed on the agenda for the next Legislative,
Finance, and Administration Committee meeting and Mr. Polce would have the
changes made.
Updated Memorandum of Understanding (MOU) for Preliminary Land Use
Services (PLUS) Review
Mr. David Hugg, Acting Director of Planning and Community Development,
informed members that, in 2004, the State adopted the Preliminary Land Use Service
(PLUS), which is a process at the State level where large projects that have the
potential to have impacts beyond the local jurisdiction or of a somewhat regional
nature go through a review and comment period separate from local government. He
explained that the law that enacted PLUS requires that those projects be submitted
by a local government to the PLUS process.
Mr. Hugg informed members that, in 2004, the City adopted a Memorandum of
Understanding (MOU) with the Office of State Planning Coordination (OSPC) that
sets thresholds and provides baselines for how the process will work. He indicated
that since 2004, approximately 6% of all of the land use change/land development
applications filed with the City had raised to the level where a PLUS review was
needed. Mr. Hugg explained that examples of projects requiring PLUS review were
a residential development of more than 125 houses and a commercial or industrial
project of more than 75,000 square feet.
Mr. Hugg advised that the City has a certified and adopted Comprehensive Plan from
2009, which is one (1) of the requirements for allowing a jurisdiction to exempt itself
from PLUS. Additionally, he advised that the City has its own review process in the
Development Advisory Committee, explaining that if a City has a review process that
is equal to or more stringent than the State, it can seek a waiver. Mr. Hugg noted that
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the provisions of the PLUS process can be avoided for situations such as a very
incidental or minor rezoning that requires a de minimis Comprehensive Plan
amendment. He explained that the new MOU, developed by the City’s Planning
Staff and OSPC Staff, clarifies these understandings. Mr. Hugg reviewed the MOU,
noting, in particular, that it clarified that projects at Garrison Technical Park do not
require PLUS review except in very limited circumstances, raised the threshold limit
on residential projects to 125 or more dwelling units, and added in the minor projects
waiver provisions. Mr. Hugg advised members that the City’s Planning Commission
reviewed the MOU at its Quarterly Workshop on August 23, 2017.
The Committee recommended approval of the Memorandum of Understanding
(MOU) for Preliminary Land Use Services (PLUS), as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Proposed Code Enforcement Policy and Vacant Building Ordinance Changes
Mr. David Hugg, Acting Director of Planning and Community Development, stated
that, as a result of increasing concerns about the time associated with resolution of
code enforcement actions, the difficulty in collecting on fines or alternatively causing
buildings to be brought into compliance, and the implications of the various
exemptions to the vacant building ordinance (VBO), staff had reviewed their
authority and proposed changes to procedure and code provisions. He reviewed the
proposed changes to Code Enforcement Policy and the VBO, noting that this was the
first part of a two-part process that related to policy. Mr. Hugg stated that he had
been given the advice that even though he, as Acting Director, can impose policy as
long as it is consistent with the underlying code, which this policy was, it should
come before the Legislative, Finance, and Administration Committee to be discussed
or endorsed. He noted that he had not included in the document that there is a
provision in the fee structure in the Dover Code that the City can double fines if
corrective action is not taken; therefore, an even greater penalty is available.
Mr. Hugg advised that the second piece of the policy would be a rewrite of the VBO
to eliminate some of the waivers and loopholes, which would probably come before
members in October. He noted that it did not make any sense to him to exempt all
the vacant storefronts downtown if they have somebody living upstairs above them,
stating that there was no disincentive for the property owner to make improvements.
Mr. Hugg indicated that he wanted to make members aware of these policy changes
and ensure that they did not have any major concerns.
Mr. Slavin thanked Mr. Hugg and his staff, as well as Mrs. Donna Mitchell, Acting
City Manager; Ms. Lori Peddicord, Acting Controller/Treasurer; Mr. Kirby Hudson,
Assistant City Manager, and everyone in City government, stating that this spirit of
finding and fixing things was contagious. He stated that the City had turned the
corner and was now addressing all of these things that were weighing it down.
Mr. Slavin stated that this was a good example of seeing something that is wrong
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with the ordinance, knowing how to fix it, and doing so. He thanked Mr. Hugg for
bringing this matter, and other things, forward.
Responding to Mr. Slavin regarding the particular fines he was discussing, Mr. Hugg
advised that fines would be primarily for property maintenance kinds of code
violations. He indicated that there is a fee structure associated with grass cutting,
which is a separate category of violations. Mr. Hugg explained that grass cutting has
its own notice provisions and ability to follow up by having the grass cut if needed.
He explained that examples of these violations are cars parked on the grass, trash,
buildings with broken windows that do not rise to the level of being a dangerous
building but clearly are violations, or something that needs to be addressed.
Mr. Neil congratulated Mr. Hugg and the staff and everyone else who had worked on
the policy. He asked if the City or the violator would have to pay court and legal
costs. Responding, Mr. Hugg advised that if the City brings an action, part of that
action can be a request for recovery of costs if the City is successful. He stated that
the thinking behind this was that the most critical thing is to get the building and
code violation issues corrected and not necessarily recovery of the money, noting that
Mrs. Mitchell might have a different thought. Mr. Hugg advised that, in his
experience, when a jurisdiction goes to court, very often the magistrate or Justice of
the Peace will waive the financial penalties, noting that they do not have a history in
Delaware of being in favor of fining people for code and planning violations, etc.
Mr. Hugg stated that the City could say, "We're taking Mr. Anderson to court because
he refuses to fix his property and we want $500 plus our court costs," which would
be nice; however, at the end of the day the owner would still have a building that has
not been fixed up. He indicated that if the City was going to cure some of the blight
conditions that it is dealing with, it was much more important to get the property
addressed and risk that all of the penalty money might not be paid. Mr. Neil stated
that he would like to see it included in the document that the City could do this so
that the City would have another tool, and Mr. Hugg stated that he would address
this.
Mr. Anderson stated his belief that, in accordance with the ordinance, people are first
notified. He noted that the proposed change would associate the warning with a fine
and questioned if it would really be a warning if it comes with a fine. Responding,
Mr. Hugg stated that this would be like the fine he would probably receive if he ran
a red light. He advised that the code officer has discretion and, for example, if there
was an issue with debris in the front yard of Mr. Anderson’s house, the code officer
could say, "Hey, how about picking this up? I don't really want to give you a
citation." Mr. Hugg stated that this would be the end of the discussion, a new case
would not be opened, and nothing would really happen. He advised that part of the
reason he wanted to reduce the penalty to $25 was that the City was expending some
cost in sending a person out and writing a citation, and he did not want to just say,
"Oh sorry, don't do it again." Mr. Hugg indicated that a little pain should be
associated with the violation, which was why it was structured this way.
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Mr. Hare stated that a code enforcement officer had advised someone that they were
not allowed to park their car on the grass in their front yard and asked them to move
it so they did not get a violation. He stated that three (3) days later the employee
came back, the car was parked in the grass, and he issued a first violation. Mr. Hare
stated the car was moved and had not been there since. He commended
Mr. Phillip Lewis, Code Enforcement Officer, who had done a very good job and was
very nice. Mr. Hugg noted that the code enforcement staff has that discretion.
Responding to Mr. Lewis, Mr. Hugg stated that he did not know the percentage of
fines that are collected; however, most of the initial fines, such as $100 or $250, are
collected but fines above that level are not. He noted, in addition, that traditionally
penalties for certain kinds of exterior property management violations had not been
added as a tax lien because staff was under the impression that they could not do this.
Mr. Hugg advised that, after reading the State law carefully with Mr. William Pepper,
Deputy City Solicitor, staff would be amending that procedure so a penalty for a
property maintenance issue, for a violation such as a sagging front porch, could be
applied as a tax lien. Mr. Lewis requested Mr. Hugg to email him with the
percentage of fines that are collected. He stated that he concurred with Mr. Hugg
regarding liens being implemented on taxes and commended him for integrating this.
Mr. Hare stated that he was unsure if any action was needed on this matter, stating
his understanding that it was Mr. Hugg’s option to make these changes and he was
just presenting them to members for discussion. Mr. Slavin stated that staff was
informing members of this action but it was clearly at staff’s level to do this.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairman Sudler presiding.
Request for Dog Park and Passive Playground - Acorn Farms
Members reviewed a request from Ms. Mahala Duffy, 104 Teak Court, for
consideration to build a dog park and passive playground, as well as a petition
requesting a dog park and playground for Acorn Farms Park at 1 Acacia Place.
Mr. Sudler acknowledged that members had received correspondence from
Ms. Mary E. Bradley, dated September 11, 2017, expressing her strong opposition
to the request for a dog park and passive playground in Acorn Farms.
Ms. Duffy advised that members of the community were present to advocate on
behalf of the Acorn Farms community.
Ms. Sandra Taylor, 36 Acacia Place, indicated that the Acorn Farms community had
talked about a dog park and a playground approximately ten years ago; however, it
did not go forward because they thought that they would be liable for any accidents.
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She noted that they had been told that it would be at the person's discretion, and if
they fell, it would not come on the homeowners; therefore, they brought the matter
up again and came up with the dog park and playground. Mr. Sudler asked if
Ms. Taylor was in support of a dog park or not, and she stated that she was in
support.
Mr. Anderson expressed his thanks that this issue had been brought up, noting that
there had been a number of requests for dog parks around the City. He asked if the
area was currently owned by the City or would be ceded to the City. Responding,
Ms. Duffy stated that the area was currently owned by the City and this was why the
request was brought to the City. She explained that she had created a petition and
drafted a letter regarding having a City park put into this zoned off area.
In response to Mr. Slavin, Ms. Taylor explained that the Acorn Farms Homeowners
Association (HOA) was the underlying property owner; however, during their HOA
meeting in July, it was brought to her attention that there was currently a City of
Dover sign posted there. She indicated that she did not know what was going on,
stating that she thought it was common ground owned by the Acorn Farms HOA.
Mr. Slavin suggested that the City might be able to clarify who owns the property.
Mr. Hare stated his understanding that they wanted to put a dog park there at their
expense, and not the City’s expense, if the land is HOA land. Responding,
Ms. Duffy explained that the request was brought for the City to incorporate a dog
park. She stated that the area is zoned off to the City and the HOA is no longer a part
of owning the area. Mr. Hare asked if they would want to put in a dog park if the
City was to give the area back to the HOA. Responding, Ms. Duffy stated that this
would have to be discussed within the HOA.
Mr. Hare advised that he had driven through the area and there were quite a few yards
with grass that was approximately two (2) feet tall. He asked if the HOA monitors
this and calls the City to come and issue summonses. In response, Ms. Taylor
advised that they do not monitor this because they do not have the numbers to do so
and there is no volunteerism. Mr. Sudler stated, as a point of order, that this was not
the issue being discussed.
Responding to Mr. Sudler, Ms. Duffy stated that the request was to convert the park
to a dog park. Mr. Sudler advised that he had gone to the park and noted that the area
may be open space; however, he had seen "City of Dover Property", and he stated
that the City of Dover owns it. He thanked Ms. Duffy and Ms. Taylor for coming out
and expressing their concerns and suggested, if there were additional concerns, that
a conversation be held outside of Council Chambers with Mr. David Hugg, Acting
Director of Planning and Community Development.
Mr. Slavin expressed his thanks that the request was brought forward to members.
He explained that this is how parks are born in the City, when people come forward
saying that there is a need for recreation, etc. Mr. Slavin noted that he had no idea
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what it takes to put a dog park in; however, Mr. Hugg's office would be able to
identify that. He indicated that there are key questions about who owns the land and
how much land, and there would be issues about parking, etc. Mr. Slavin stated that
they should understand that a unique park, like a dog park, would likely attract more
vehicular traffic from people outside the neighborhood and this would be a
consideration.
Mr. Matt Rooney, 118 Linden Court, stated that he had resided there for ten years.
He advised that he was for the dog park, which would do nothing but help the
community, bring it together, and do good things for it.
Ms. Paula Duffy, 104 Teak Court, stated that she is a homeowner and had been a
resident there for 20 years. She advised that she thought that it was imperative and
a good cause to see if the project could come into effect. Ms. Duffy indicated that
it would be nice to have some place in their community for dogs to go, stay off the
property, and have a place to run. She noted that they were talking about dogs, but
it is a family community and it would be nice to have a place for the children to be
able to play as well.
Ms. Mary E. Bradley, 209 Mahogany Place, stated that she had written the letter
strongly opposing the dog park. She asked if members had read the letter or were
aware of its points. Responding, Mr. Slavin noted that the letter had been emailed
to members and paper copies were provided during the meeting.
Mr. Anderson thanked everyone for their opinions and engagement.
Mr. Cole advised that the dog park issue was something that he had always been
interested in, stating that he had met with Officer Christopher Hermance and the K-9
officer from the Dover Police Department approximately one (1) year ago. He
indicated that the Police Department was looking at writing grants and different
things to try to find funds, as well as where to put a dog park. Mr. Cole stated that
he was unsure where the Police Department was with following through and
recommended that Mr. Hugg, Mrs. Donna Mitchell, Acting City Manager, or
whoever is moving forward with this matter match up with the Police Department.
Mr. Anderson moved to recommend acceptance of the petition and the letter,
seconded by Mr. Sudler.
Responding to Mr. Slavin's request for clarification on the motion, Mr. Anderson
stated that the motion would accept the petition and letter into the record. Mr. Slavin
requested an amendment to accept and refer the matter to Mr. Hugg for further
development of the proposal.
Mr. Anderson moved to recommend acceptance of the petition and letter and referral
of the matter to Mr. Hugg, seconded by Mr. Sudler.
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Mr. Slavin stated that this matter would come back to the Committee for full vetting
once the property ownership issue, space requirements, etc., are understood. He
noted that he wanted to be clear that the request was not approved and that members
were just recommending approval to have a dialog about it.
Mr. Sudler thanked everyone, whether for or against the proposal, for coming
forward and stating their opinions.
The Committee recommended acceptance of the petition and letter, and referral of
the matter to Mr. Hugg.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Mr. Hugg advised that he would look into whether the Acorn Farms park area was
City property or not. He stated that he believed that it was owned, operated, and
managed by the HOA.
Proposed Resolution No. 2017-11 In Support of Delaware Outdoor Recreation,
Parks and Trails (ORPT) Grant Application - Dover Park Master Plan and
Schutte Park Phase I Improvements
Mr. David Hugg, Acting Director of Planning and Community Development, stated
that, in May or June 2017, he advised Council that the City had been invited to
submit pre-applications for possible park development grants from the State. He
noted that this was done, in accordance with State deadlines, and the City was asked
to submit formal applications for two (2) of the three (3) projects applied for.
Mr. Hugg informed members that, as of September 8, 2017, applications were
submitted for 50% matching funds for the Dover Park Master Plan and
approximately 35% matching funds for the improvements at Schutte Park. He
indicated that the amount of money that the City was able to obtain was less than the
actual cost of the improvements that staff wanted to carry out. Mr. Hugg stated that
both projects were pending final approval and staff hoped to hear the results soon.
He advised that one (1) of the requirements for funding would be adoption of a
resolution by Council authorizing Mr. Hugg as the appropriate City official to accept
the grant applications and funding, and to manage the projects.
Staff recommended adoption of Resolution No. 2017-11.
Mr. Anderson asked if the covenant restrictions that the City would enter into would
apply only to the improvements and if the restrictions would interfere with putting
in or expanding indoor facilities at these locations. Responding, Mr. Hugg advised
that all of the properties that the City acquires using federal or State recreation funds
have an associated covenant that the improvement or property shall be used in
perpetuity for outdoor recreation, or for whatever the purposes were. He reminded
members that the City had been working on a transfer of land with Capitol Baptist
Church in Mayfair, noting that the City acquired a piece of property there with State
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funds many years ago and was trying to work out a land swap with the church.
Mr. Hugg explained that the covenant would be limited to the things that are actually
being funded and would go with the property, noting that if the City were to do
something different later, this would have to be addressed. He advised that it would
not restrict the City in terms of anything else it does unless the City applies for grant
funds for that purpose.
Mr. Lewis asked if the funds would be put toward existing issues and repairs rather
than anything new. Responding, Mr. Hugg stated that the funds were for continued
improvements. He explained that the funds for Dover Park would be used to develop
a master plan, like the plan completed last year for Schutte Park. Mr. Hugg advised
that Mr. Eddie Diaz, Planner I, would be the project lead and the City would
contribute in-kind services for a substantial majority of its share of the 50/50
matching grant. He indicated that Schutte Park funding would be used to begin
implementing the master plan that Council adopted earlier in the year. Mr. Hugg
stated that the funds would be used to continue one (1) of the loop trails, explaining
that the trail would extend along the road that goes to Wyoming Mill Road, cut back
across the park south of the fields, and go back to the Pitts Center. He advised that
the grant would also provide for drainage improvements for the parking lots and
grading, design, and seeding of new playing fields in the north quadrant. Mr. Hugg
indicated that these new improvements were consistent with the capital budget items
that were approved as part of the current and previous year budgets. He explained
that the improvements in Dover Park could be the subject of a later application, and
if it was desired to do a management process for the wooded area, remove and
re-align some of the parking, or put in new facilities, the City could go back and seek
additional State funding for that purpose.
In response to Mr. Anderson, Mr. Hugg stated that these expenses were budgeted in
the current year. He noted that the capital program has a couple of levels of funding
specifically for large and small park development projects that would be used. He
indicated that there were also funds in the Parkland Reserve Fund, which was a
separate fund.
Mrs. Donna Mitchell, Acting City Manager, explained that $15,000 was included in
this year’s budget for small park improvements, which Mr. Hugg had gotten
underway, and $66,000 for more park improvements, $33,000 of which were
matching funds from the State. Mr. Hugg advised that some of these funds would
be used for Continental Park.
Mrs. Mitchell stated that approximately $190,000 was budgeted for Schutte Park
improvements based on pre-conceptuals from the master plan designed by Mr. Diaz.
She noted that the preliminary set of numbers was based on the conceptual opinion
of the engineer and not fine tuned. Mrs. Mitchell explained that the total master plan
engineering costs were $9M, which the City does not have; however, Mr. Hugg was
trying to get in pieces of the plan as he could. She indicated that the plan includes
laying everything over with sod, and has a lot of components, and there was a need
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to make determinations regarding what would be done and what the City can afford
to do at the park. Mrs. Mitchell noted that there were still other parks to be done.
She advised that the $190,000 would come from the reserve. Mrs. Mitchell noted
that the reserve balance was approximately $300,000 last year and she would have
to get a new balance; however, it was being depleted and would not have a lot of
money in it next year.
The Committee recommended adoption of Resolution No. 2017-11, as recommended
by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
Mr. Hugg reminded members that staff had applied for an AARP Community
Challenge Program grant that was competitive nationwide, and he announced that the
City of Dover’s project was one (1) of 89 projects nationwide, and the only project
in Delaware, that was awarded funds. He noted that AARP had already sent $2,000
for promoting and starting signage for the re-opening of the bicycle and pedestrian
pathway system along North Street, from the railroad extending to where
construction had been undertaken. Mr. Hugg advised that the project must be
completed by November 1st and that he was very pleased to get it. He thanked
Mr. Diaz, who put the application together in approximately an hour and submitted
it, and he noted that there should be an announcement in the newspaper soon.
Update - Continental Park
During the Regular City Council Meeting of August 14, 2017, members received the
Continental Park’s Workshop Update and accepted the July 2017 Chair’s Report.
During their August 14, 2017 meeting, members also considered a Back to School
Giveaway and Rib-Off Fundraiser Initiative for Dover Park and Continental Park and
endorsed the project and made it a City-sponsored event.
Mr. David Hugg, Acting Director of Planning and Community Development,
provided members with a proposal and quote from Cunningham Recreation for a play
area in Continental Park for children aged two (2) to five (5), and advised members
that they were able to get the original price of $17,000 reduced to slightly more than
$15,000 for the project. Referring to the drawing for the Continental Park Proposed
Playground for Ages 2-5, Mr. Hugg indicated that the play area would be placed in
Bicentennial Village around the corner from the existing park. He noted that it
would start to meet some of the recreational needs in the community and send the
community a signal that the City heard and listened to them and would respond with
an area for young children to play.
Mr. Hugg informed members that two (2) park benches that had been located near
the PNC fountain were sent to the Public Works Department to be rehabbed and
installed on Independence Boulevard in the existing Continental Park, once road
improvements are finished there.
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Update - City of Dover Partnership with NCALL - Pop-Up Parks
Mr. David Hugg, Acting Director of Planning and Community Development,
informed members that approximately a month ago staff was approached by the
National Council on Agricultural Life and Labor Research (NCALL) with a request
for funds for disposable, consumable items for a pop-up park program that NCALL
does periodically in the City. He noted that this concept has also been referred to as
a play in the streets or street playground and is a one-morning or one-day program
where the street is blocked and play equipment is brought in for an ad hoc park for
the kids in the neighborhood. Mr. Hugg advised that Mr. Slavin had generously
authorized Mr. Hugg to give NCALL some funding to buy equipment. He noted that
funds would be used to buy play equipment instead of helping to buy items like sodas
and hot dogs. Mr. Hugg stated that staff had been a little delayed in getting this
project off the ground; however, they found NCALL some storage space in the City
warehouse for the items, since security and a storage place were concerns. He
advised that NCALL was hoping to hold one (1) more pop-up park before the end of
the warm weather and that he would make sure that Council and Committee
members are made aware of it as soon as he knows when it will occur.
Mr. Sudler welcomed Dr. Warfield as a new member of the Parks, Recreation, and
Community Enhancement Committee and thanked her for accepting the challenge
and filling out an application. He noted that he had previously had the pleasure of
serving with Dr. Warfield on the Dover Human Relations Commission and knew that
she would be a great contributor.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote.
ACTING CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, Acting City Manager, announced that Public Power Week would be
October 1st through October 7th. She noted that the City’s electric crew was featured on a billboard
on south-bound Route 13 near the Cheswold Walmart.
Mrs. Mitchell announced that there would be a bike rodeo on October 14, 2017 at the Elks on
Route 8.
Mrs. Mitchell advised that the Silver Lake Dam improvements were scheduled to begin that week
and the Silver Lake draw-down would begin October 9th through the 21st. She noted that they would
be repairing the boat ramp at the same time.
Mrs. Mitchell announced that the water system flushing was scheduled for October 8th through
October 27th and leaf collection was due to start Monday, October 16th through Friday, January 12th.
She reminded members that yard waste material must be placed in privately owned plastic containers
of 35 gallons or less, not regular trash containers. Mrs. Mitchell advised that they could be fined by
the Delaware Solid Waste Authority (DSWA) for having yard waste in trash containers.
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COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Slavin reminded everyone that Councilman Sudler’s birthday was September 28th and personally
wished him a happy birthday.
Mr. Cole commended the Dover Parks and Recreation staff, noting that his son plays in the soccer
league for under $50. He noted that the City gives a service to the youth that cannot be matched by
any private company or group. Mr. Cole advised that the whole staff and the program are amazing,
noting that the number of participants is staggering.
Mr. Hare announced that Cheesetoberfest would be held on Saturday, October 7, 2017, from
12:00 p.m. to 5:00 p.m. at Fordham and Dominion Brewery. He noted that the Delaware Military
Support Organization, which supports the active duty military, will be the recipient of the proceeds
from beer sales. Mr. Hare advised that they would be selling T-shirts and beer tickets and he invited
everyone to come out and support the military.
Mr. Anderson thanked City staff, the Downtown Dover Partnership staff, and the small business
people for participating in the downtown business tour. He advised that they did a walk through
listening to some of the downtown businesses and they were very receptive.
Mr. Anderson announced that, on November 3, 2017, there would be an expungement hearing held
in cooperation with the IMA, Representative Lynn, and others to help people clear their records. He
suggested contacting the IMA or emailing him at david.anderson@dover.de.us for more information.
Mr. Anderson stated that people need a second chance if they have been living their lives well the
last several years. He noted that some money had been set aside to help with the background checks.
Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 8:05 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 25, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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