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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 23, 2019 at 7:30 p.m. with Council President
Hare presiding. Council members present were Mr. Anderson (departed at 8:01 p.m. and returned
at 8:05 p.m.), Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce (departed at 8:13 p.m. and
returned at 8:15 p.m.), Mr. Taylor, and Mr. Lindell.
Staff members present were Major Stump, Mrs. Mitchell, Mr. Hugg, Deputy Fire Chief O'Connor,
City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at
8:00 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that Council
was not in official session and could not take formal action.
Mr. Dave Humes, 252 Sloan Court, Wilmington, Delaware, spoke about Delaware Goes Purple and
the need for a greater awareness of substance abuse.
Ms. Claudia Johnson, 1602 Serenity Lane, Sanibel Island, Florida, spoke about the hardship that the
vacant building and clean hands ordinances place on the residents.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 9, 2019
The Minutes of the Special Council Meeting of September 9, 2019 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor
Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 9, 2019
The Minutes of the Regular Council Meeting of September 9, 2019 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of
Mayor Christiansen.
PRESENTATIONS - RECOGNITION OF SERVICE - BICYCLE AND PEDESTRIAN
SUBCOMMITTEE
Gerry Pennington (October 2016 - August 2019)
Mr. Pennington was not present for the presentation.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 2
Fran Riddle (October 2016 - September 2019)
On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to Ms. Riddle.
James A. Hutchison III (April 2013 - September 2018)
Mayor Christiansen presented Mr. Hutchison with a Dover Cup in appreciation of his service on the
Bicycle and Pedestrian Subcommittee.
Andrew Siegel (October 2015 - August 2019
Mayor Christiansen presented Mr. Siegel with a Dover Cup in appreciation of his service on the
Bicycle and Pedestrian Subcommittee.
PROCLAMATION - 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 requires public officials and citizens who understand,
support, and demand excellence in plan development and 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 2019 National Community Planning Month theme, "Planning for Infrastructure That
Benefits All," highlights how well-planned infrastructure projects, including roadways,
transportation systems, housing, parks, and even broadband networks strengthen communities, boost
the economy, expand opportunity and promote equitable development.
NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of October 2019 as COMMUNITY PLANNING
MONTH in the City of Dover, and encourage all citizens to join me in recognizing the participation
and dedication of the staff of the City of Dover Department of Planning and Inspections, members
of the City of Dover Planning Commission and the valuable contributions made by other community
and regional planners and our partner agencies at the State and County levels. 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, Director of Planning and Community Enhancement.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 3
PROCLAMATION - CYBERSECURITY 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, healthcare, and emergency response systems; and
WHEREAS, Internet users and our information infrastructure face increasing threats of malicious
cyber-attacks, invasion of privacy from spyware and adware, and significant financial and personal
privacy loss due to identity theft and fraud. The National Cyber Security Alliance's 2019
Cybersecurity Awareness Month theme, "Own IT. Secure IT. Protect IT." emphasizes the role each
individual plays in online safety and stresses the importance of taking proactive steps to enhance
cybersecurity at home and in the workplace; 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 2019 as CYBERSECURITY 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. Andy
Siegel, IT Director.
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
National Fire Protection Association's 2019 Fire Prevention Week theme, "Not Every Hero Wears
a Cape. Plan and Practice Your Escape!" effectively serves to remind residents to take personal steps
to increase fire safety; and
WHEREAS, homes are the locations where people are at greatest risk from a fire. It is vital for
residents to identify places in their homes where fires can start and eliminate those hazards, and have
a planned and practiced home fire escape plan; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; therefore,
residents should install smoke alarms in every sleeping room, outside each separate sleeping area,
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 4
and on every level of the home. Residents should listen for the sound of the smoke alarm and if it
sounds, respond by going outside immediately to the designated meeting place.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 6 - 12, 2019 as FIRE PREVENTION WEEK in the City
of Dover and urge all residents to be aware of their surroundings, look for available ways out in the
event of a fire or other emergency, respond when the smoke alarm sounds by exiting the building
immediately, and to support the many public safety activities and efforts of the City of Dover's fire
emergency services.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Deputy Fire
Chief O'Connor.
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.
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 2019, 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 Cole Warren
and Rory Copple.
Mayor Christiansen noted that Ms. Amber Luff, Cole and Rory’s mother, would be leaving her
position in the City Clerk’s Office. He stated that she had done an exemplary job and that her
smiling face would be missed.
PROCLAMATION - RECOVERY MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, mental and substance use disorders affect all communities nationwide, but with
commitment and support, people with these disorders can achieve healthy lifestyles and lead
rewarding lives in recovery. By seeking help, people who experience mental and substance use
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disorders can embark on a new path toward improved health and overall wellness. The focus of
Recovery Month this September is to celebrate their journey with the theme "Join the Voices for
Recovery: Together We Are Stronger" and to spread the message that treatment is effective, and
people can and do recover every day; and
WHEREAS, the impact of mental and substance use disorders is apparent in our local community.
In 2017, 346 Delawareans died from drug overdoses and opioids accounted for 84% of the deaths
and preliminary estimates for 2018 indicate 419 overdose deaths across the state, a 21% increase
from 2017. In 2018, first responders administered 3,728 doses of naloxone, which is a 30% increase
compared to 2,861 doses in 2017; and
WHEREAS, through Recovery Month, people become more aware and able to recognize the signs
of mental and substance use disorders, which can lead more people into needed treatment. Managing
the effects of these conditions can help people achieve healthy lifestyles, both physically and
emotionally; and
WHEREAS, the Recovery Month observance continues to improve the lives of those affected by
mental and substance use disorders by raising awareness of these diseases and educating
communities about the prevention, treatment, and recovery resources that are available. Local
resources include the City of Dover Police Department's ANGEL Program, and the State of
Delaware's Help is Here program and, nationally, The Herren Project is an available resource.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim September 2019 as RECOVERY MONTH in the City of Dover
and call upon our community to observe this month with compelling programs and events that
support this year's Recovery Month theme "Join the Voices for Recovery: Together We Are Strong,"
and take a stand against substance abuse by participating in Delaware Goes Purple.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Reverend
Carol Harris.
ANNEXATION/REZONING OF PROPERTY LOCATED AT 2920 NORTH DUPONT
HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC
Council President Hare advised members that this item was postponed during the Council meeting
of July 22, 2019.
Mr. David Hugg III, Director of Planning and Community Development, reviewed the Petition to
Annex and Rezone property. The Planning Commission recommended the annexation of the
property with the zoning designation of C-4 (Highway Commercial), as submitted.
Public Hearing - Zoning Classification
Members considered a request for rezoning of property proposed for annexation located at 2920
North Dupont Highway, consisting of 0.57 +/- acres, owned by NewWind Properties 2920 LLC. The
property is currently zoned BG (General Business)(Kent County zoning classification) and the
proposed zoning is C-4 (Highway Commercial)(City of Dover zoning classification).
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A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 2920 North Dupont Highway.
Council President Hare declared the public hearing open. There being no one present wishing to
speak, Council President Hare declared the public hearing closed.
Adoption of Annexation Resolution No. 2019-03
Members considered Annexation Resolution No. 2019-03 for property located at 2920 North Dupont
Highway, owned by NewWind Properties 2920 LLC.
By motion of Mr. Neil, seconded by Mr. Cole, Council, by a unanimous roll call vote (Anderson
absent), adopted Resolution No. 2019-03, as follows:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE
CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said
City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101);
and
WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include
an area contiguous to the present City limits, and hereinafter more particularly described, within the
limits of the City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all
owners of all property considered for annexation, no election shall be required. For an annexation
petition not requiring an election, such petition shall be processed in accordance with procedures
established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All
annexation petitions shall be processed concurrently with the rezoning of the property considered
for annexation and shall be subject to public hearing before City Council. Public notice shall be
completed in accordance with the provisions of the Dover Code relating to amendment of the zoning
map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of
Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety,
shall be annexed to and included within the limits of the City of Dover:
ALL those certain lot, piece or parcel of land with the improvements thereon erected
situated in East Dover Hundred, Kent County, and State of Delaware, lying on the
northeast intersection of Maxwell Street and U.S. Route #13, being bounded on the
west by Route #13, on the north by lands of Lee F. Slaughter, Jr. on the east by lands
of Carl F. McNatt and on the south by Maxwell Street and being more particularly
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described in accordance with a survey by Earl D. Smith, Professional Land Surveyor,
dated November 4, 1991, amended November 15, 1991, as follows, to-wit:
BEGINNING at a pipe found at the intersection of the north line of Maxwell Street
with the east line of U.S. Route #13; thence running from said point of Beginning
with the east line of U.S. Route #13 North 40 deg. 00 min. West 200.00 feet to a
concrete monument at a comer for this lot and for lands of Lee F. Slaughter, Jr.;
thence running with said lands of Lee F. Slaughter, Jr. North 50 deg. 00 min. East
125.00 feet to a P.K. nail at a comer for this lot and lands of Carl F. McNatt; thence
running with said lands of Carl F. McNatt South 40 deg. 00 min. East 200.00 feet to
an electric pole in the north line of Maxwell Street; thence running with said north
line of Maxwell Street South 50 deg. 00 min. West 125.00 feet to the point and place
of Beginning and containing 25,000 square feet of land be the same more or less.
TOGETHER with all of the party of the first part's right, title and interest, if any, in
and to (I) any improvements thereupon, and (ii) any rights, alleys, ways, waters,
privileges, appurtenances and advantages to the same, belonging or in any way
appertaining (collectively, the "Real Estate").
The Real Estate is conveyed subject to all easements, conditions, restrictions,
agreements and out-conveyances of record that lawfully apply to the Real Estate or
any part thereof.
BEING the same lands and premises which CKI, LLC, a Delaware limited liability
company, by Deed dated March 18, 2003 and recorded May 8, 2003 in the Office of
the Recorder of Deeds in and for Kent County, State of Delaware in Deed Book 537,
Page 285, did grant and convey unto Realty Income Corporation, a Maryland
corporation, in fee.
2. That the above described property shall be annexed into the City of Dover with a zoning
classification as set by City Council and in accordance with the zoning map and environs then in
force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of this resolution of annexation, together with a plot of the area
annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the earlier of the 31st day of March, 2020
at 12:01a.m. or the date of the closing of the Permit issued by Kent County for the site development
project as reported to the City of Dover Department of Planning and Inspections.
ADOPTED: SEPTEMBER 23, 2019
Final Reading/Adoption of Rezoning Ordinance #2019-01
Members considered Ordinance #2019-01, rezoning property located at 2920 North Dupont
Highway, owned by NewWind Properties 2920 LLC.
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Mr. Neil moved that the Final Reading of Ordinance #2019-01 be acknowledged by title only,
seconded by Mr. Cole and unanimously carried. (The First Reading of the ordinance was
accomplished during the Council Meeting of January 14, 2019.)
Mr. Neil moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Cole and, by a unanimous roll call vote,
Council adopted Ordinance #2019-01, 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 2920 NORTH DUPONT HIGHWAY
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 BG - General Business (Kent County zoning classification) to C-4 -
Highway Commercial (City of Dover zoning classification).
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 BG - General Business (Kent County zoning classification) to C-4 -
Highway Commercial (City of Dover zoning classification) on that property located
at 2920 North DuPont Highway (on the east side of North DuPont Highway and
adjacent to the north side of Maxwell Street), consisting of 0.57+/- acres
(25,000 S.F.), owned by NewWind Properties 2920 LLC.
(TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT: 3)
ADOPTED: SEPTEMBER 23, 2019
(The effective date of the City zoning classification of the property will be contingent upon the
effective date of Resolution No. 2019-03 annexing the property into the City of Dover.)
C O U N C I L CO MMI T T E E O F T H E WH O L E R E PO R T -
SEPTEMBER 10, 2019
The Council Committee of the Whole met on September 10, 2019 at 6:01 p.m., with
Council President Hare presiding. Members of Council present were Mr. Anderson,
Mr. Sudler (arrived at 6:03 p.m.), Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce,
Mr. Taylor, and Mr. Lindell (arrived at 6:23 p.m.). Mayor Christiansen was also
present (departed at 6:25 p.m.). Civilian members present for their Committee
meetings were Mr. Caldwell and Col. Dix, Retired, (Parks, Recreation, and
Community Enhancement), and Mr. Contant and Mr. Shevock (Legislative, Finance,
and Administration).
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PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman
Anderson presiding.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Taylor and
unanimously carried.
Presentation - Dementia Friendly Delaware (Lindy Scott)
Ms. Lindy Scott reviewed a presentation entitled "Dementia Friendly Delaware,
Addressing a Growing Need in the State".
Responding to Mr. Sudler, Ms. Scott advised that they were finalizing the training
process but that it would only be about an hour long and could be done either in
person or through the web.
Mr. Caldwell asked if the training would involve family members as well. In
response, Ms. Scott stated that they wanted to train City workers first and then there
would be an outreach effort for caregivers as well.
Mr. Neil thanked Ms. Scott and Lieutenant Governor Bethany Hall-Long for making
healthcare issues a priority.
Mr. Anderson indicated that he had some questions regarding how exactly the
program would work and the different organization involved, and that he would
contact Ms. Scott for additional information.
Mr. Neil moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting. The motion was seconded by Mr. Taylor
and unanimously carried.
Meeting adjourned at 6:16 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council President
Hare presiding in the absence of Chairman Lindell, who assumed the Chair upon his
arrival at 6:23 p.m.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and
unanimously carried.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 10
Public Hearing - Proposed Ordinance #2019-16 Amending Chapter 102 -
Taxation of the Dover Code by inserting a new Article VII - Lodging Tax
Mr. Neil read the following statement into the record:
“The Mayor and I serve as the City's representatives on the Kent County Tourism
Board. I have witnessed the renaissance of this Board since 2015 into a vibrant,
moving forward force to bring visitors to Dover and Kent County. A look at
Delaware's Quaint Villages, the Kent County Tourism website shows why more and
more visitors have reasons to come and are coming here.
I took the Certified Tourism Ambassador Training program and passed, which
disproves the statement that "You Can't teach Old Dogs New Tricks."
As the worse Lacrosse Player in the University of Maryland history, I love DE Turf
because it brings a continuing flow of visitors to this area... but so does NASCAR,
Firefly, College Graduations, Homecoming Football Games, the State Legislature,
the Kent County Tourism outreach and the miscellaneous other reasons that bring
people here.
I do know that Hotel/Motel owners receive top dollar when demand is high. They
also pay fees to booking agents if rooms are booked through those agencies including
those with agreements with DE Turf... plus a fee if they have an agreement with DE
Turf.
Should we implement this Lodging Tax, they will NOT pay that tax nor will the City
Taxpayers. It is a lot cheaper to pay the small additional fee than to pay for the gas
to travel to New Castle or Sussex County to stay... and more convenient too.
If the City uses this additional money for infrastructure, as I hope it will be used, then
I regard this as a User Fee that currently falls solely on the City Taxpayers.
Keep in mind, during the recession, much of the infrastructure, including machinery,
was extended far beyond its life expectancy. The emergency repairs of these
infrastructure items cost far more than scheduled replacement would cost.
Since both the City and the County can levy this Tax, I certainly will seek a
reasonable approach in the amount to set, but it will be implemented. City taxpayers
deserve no less.”
Mr. Hare declared the public hearing open.
Mr. K.C. Sheth, 21 St. Annes Court, noted that he had been a City resident for
50 years, and had served on the City's Board of Adjustment for 27 years, and as
former Chairman of the Board for Kent County Tourism. He expressed concern
regarding the proposed lodging tax, explaining that it would negatively impact the
hotel industry in the City, especially since property and school taxes were just
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 11
increased. Mr. Sheth stated that he thought that infrastructure was an issue for every
resident of the City, so they should carry the burden equally.
Mr. Victor Schimp, 163 Stonewater Way, stated that he had been a resident of Dover
since 1969 and had worked in the hospitality industry since 1973, starting at the age
of 14. He informed members that he had served as a former Chairman of the
Delaware Hotel and Lodging Association, former Chairman of Kent County Tourism,
and as former Chairman of the Central Delaware Chamber of Commerce, so he has
a vested interest in the hotel industry, tourism, and business in general, and cannot
sit idly by and watch the industry get hit with a potential 75% increase in public
accommodations tax (PAT). He expressed concern regarding the adverse impact that
a City and County lodging tax would have on the hotel industry. Mr. Schimp noted
that he had heard talk regarding a slowdown approach to the tax increase of 1% or
1.5% and suggested that the legislation be rewritten with a 1% or 1.5% cap.
Ms. Bessie Crain, 855 Townsend Boulevard, asked why a nonprofit organization was
benefitting from this lodging tax and what the monies would be used to fund, noting
that no one was providing any information. Responding, Mr. Lindell clarified that,
in regard to a nonprofit organization benefitting, Kent County was considering a
lodging tax which would go to DE Turf. He stated that the City was not part of that
proposal. Mr. Lindell noted that he thought members planned to discuss what the
proposed lodging taxes would fund following the public hearing.
Mrs. Sara Herbert, 223 North Bradford Street, expressed concern regarding the
proposed lodging tax. She referenced an article from the Delaware State News,
indicating that if both the County and City measures are implemented, the lodging
tax rate in the City of Dover limits would rise to 14%, making it the highest hotel tax
in the state. She stated that she thought it was Council's job to protect businesses and
not make it harder on them. Mrs. Herbert stated that it was her understanding that
Kent County Levy Court would be the body to approve the countywide increase, and
noted that she was hearing that the rate would be set at 1%, however, she did not trust
it. She expressed concern that the County had not yet scheduled discussions
regarding the tax and questioned why the City would set a tax rate and meet to
discuss this matter on September 23, 2019 before they know what Kent County Levy
Court is going to do. Mrs. Herbert explained that if the City and County both set
lodging tax rates at 3%, then the rate will be up to at least 14%. She stated that she
thought that a City tax should go to the City and no where else, noting that the City's
downtown and infrastructure need work. Mrs. Herbert also expressed concern that
the lodging tax legislation was pushed through the state legislature at the last minute
and was unfair and poorly thought out, noting that DE Turf bragged about the fact
that they were not going to use any tax money, and they are a nonprofit that has been
making a profit.
Mr. Sam Chick, 115 West Loockerman Street, expressed concern regarding the
negative impacts the proposed lodging tax increase would have on the economy of
Dover, noting that it would be an increase for the hoteliers because there is already
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 12
an 8% state lodging tax in Delaware. He indicated that the tax would not only impact
hotel occupancy but all businesses, explaining that by taking the money through the
lodging tax, it could not be spent in the City. Mr. Chick noted that he did not feel it
was fair to impose another tax, especially since taxes were recently increased, but
stated that he did not disagree with the principle that the City should get some
lodging tax. He suggested that if the City wanted a lodging tax, they should go back
to the General Assembly and ask them for a portion of the existing 8%.
In response to Mr. Chick, Mr. Neil stated that the 8% that the state collects is divided
among the counties for tourism uses, with the smallest portion going to Kent County
and the largest to New Castle County. He noted that he did not think that the lodging
tax would keep anyone from staying in Dover, explaining that they would have to
stay somewhere if they want to see their child play at DE Turf. Responding,
Mr. Chick stated that five-eighths of the state lodging tax goes to the General Fund,
so there is plenty of money sitting there. He suggested that there are other ways to
approach this than increasing taxes. Mr. Chick questioned why people would want
to stay in or build a hotel in Dover if the taxes are higher in the City than they are in
the surrounding County or any of the municipalities. He suggested that it would be
better for Council to maintain what they have, explaining that he thought it would
make the City more competitive for lodging and more hotels would be built here
because it would be more of an economic advantage than the rest of the state.
Mr. Joe Fitzgerald, speaking on behalf of the Delaware Hotel Lodging Association,
expressed opposition to the tax increase and concern regarding the potential
economic impact of the tax. He stated that the Delaware Hotel Lodging Association
was very concerned about the manner in which the legislation was passed by the
General Assembly. He explained that, while they were only enabling legislation for
the City and County, he thought they still merited a committee hearing and should
have gone through the regular process so stakeholders could have an opportunity to
weigh in on how they thought these taxes would affect them.
Mr. Schimp clarified that the 8% state PAT is currently allocated as follows: 5% to
the General Fund, 1% to the State Tourism Office, 1% to beach replenishment, and
1% allocated to the three counties based on the proportion of lodging revenue.
Mr. Hare noted that when the General Assembly passed the enabling legislation for
New Castle and Sussex Counties, they stipulated that they could only tax
unincorporated areas; however, the legislation for Kent County did not include that
stipulation. He expressed concern that Kent County is not treated equally, noting that
Kent County does not receive equal treatment regarding payment of in lieu of taxes
(PILOT) either. Mr. Hare stated that he thought the County would implement a 3%
lodging tax and if the City implements a 1.5% lodging tax, the City would have the
lowest lodging tax in the state. He stated that the County's tax would all go to DE
Turf, which he thought would guarantee no future property tax increases from the
County, explaining that it would be difficult to raise taxes and give $1M to a
nonprofit. Mr. Hare stated that the money collected from the City's lodging tax
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 13
would be used to help reduce expenses within the City, which would benefit
everyone.
Mr. Anderson moved to amend line 8 of Proposed Ordinance #2019-16 by inserting
after rent, "starting with an initial rate of 1.5%." The motion was seconded by
Mr. Neil.
Responding to Mr. Contant, Mr. Anderson stated that the total revenue for a 1.5%
lodging tax rate was still being projected and unknown, but the revenue projections
would be approximately $350,000, plus or minus $50,000.
Mr. Sudler stated that he thought it was apparent that the City's hoteliers would
endure a financial hardship with the proposed lodging tax, and without stating how
the City plans on utilizing the funds, he could not currently support any initiative for
a lodging tax.
Mr. Slavin stated that he was sensitive to the comments regarding the stacking of
taxes, explaining that while it is a decision for the City to raise its own taxes, the City
has a beneficial relationship with Kent County Levy Court and has always tried to
have a peaceful coexistence, so he thought they needed to take that into account. He
stated that he thought that any motion passed by the Committee should specifically
state that any revenues raised go to infrastructure deferred maintenance in the City.
Mr. Slavin also suggested that if the City were to set an initial rate of 1.5%, it should
be stepped specifically in .5% increments over a period of time, to allow the ability
to take the rate back down if needed.
Mr. Anderson stated that he thought that the state lodging tax was basically an 11%
tax now with the rates that had been set by the counties and municipalities. He
explained that the Committee motion's would set a level, which he hoped would be
an example to the county not to exceed. Mr. Anderson stated that since people had
not stayed away from other places in the state that had implemented lodging taxes,
he did not think they would stay away from Dover, since Dover is a place that tourists
come and enjoy. He explained that he thought the motion was reasonable because
it provides some measure of economic certainty. Mr. Anderson cautioned that if the
City did not set a level now, it would leave the door open for the County to set a
higher level, up to 3%, and he wanted the money to stay in the City to help make it
a more economically vibrant place with better infrastructure and to keep taxes lower.
Mr. Neil stated that it was very clear that the City's infrastructure was in need because
the tax rate was kept so low during the recession and continued to be low for a long
period of time, and any time there is an emergency repair required, it costs more. He
explained that he did not think that the lodging tax would hurt the hotels, particularly
if they are charging the maximum amount that they can because there are not enough
rooms in the area for the people. Mr. Neil noted that the customers would be paying
the tax, not the hotel, and they expect to pay it, like they do elsewhere. He stated
that, at least they get a break in Delaware because there is no sales tax.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 14
Mr. Contant stated that he is always cautious about raising taxes or creating new
taxes, because he questions what will stop the government from doing it in the future
to the detriment of the economy. He noted that while he disagreed with the way the
General Assembly passed the legislation at the end of their session with the
traditional committee process, he could see that some people are worried about it
being a race to 3%. Mr. Contant indicated that he thought that if the City sets the
precedent, it might make the County back off a little bit. He stated that he likes the
idea of step increases, so that the City can see the impact over time, and that he
would like to see that implemented as an amendment to the proposed ordinance.
Mr. Hare noted that he had heard from some hoteliers that DE Turf often cancels
events a few weeks out and hotels have to deal with large blocks of room reservations
being cancelled. He suggested that DE Turf take some responsibility for the
compensation of hotels when they cancel events. Mr. Hare also encouraged those
who participated in the public hearing to also express their concerns to Kent County
Levy Court.
Mr. Cole indicated that he agreed with using the lodging tax revenue for
infrastructure and that he also liked the idea of .5% step increases.
Mr. Slavin stated that members could amend the motion on the floor or they could
ask that the motion be withdrawn and a new motion be put on the floor.
Mr. Anderson stated that he did not want to withdraw his motion because they need
the certainty. He explained that he thought that the rate was fair and that it would be
a huge mistake to do it otherwise because the City would not necessarily get enough
revenue to accomplish its goals with a .5% tax. Mr. Anderson stated that he thought
they would just be delaying the inevitable.
Mr. Taylor stated that he did not think the .5% increments seemed to be enough at
a time and Mr. Anderson's motion seemed to be fair; however, he was concerned for
the local businesses because of the recent increases in school and property taxes. He
stated that he could not support it as is.
Mr. Polce referred to information he reviewed during the Committee meeting of July
9, 2019. He stated that the article titled "The Impact of the Hotel Room Tax: An
Interrupted Time Series Approach," published in the National Tax Journal in
December 1992, demonstrates the debate on the hotel or lodging tax in the early '90s
and the propensity to sway a consumer's habit on a lodging tax. He also reviewed an
article published in January 28, 2019 by the National Conference of State
Legislatures (NCSL), noting that it demonstrates that no data can be borne out that
a marginal increase could sway a consumer's behavior. Mr. Polce noted that the term
"marginal" is really critical in this debate, in the fact that members have to decide
what marginal is. He explained that the discussion throughout this process had led
to a deliberate decision and members were now talking about a 1.5% rate which is
$1.50 on $100, regardless of whether it is done as a step increase or implemented at
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 15
the time the ordinance is enacted. Referring to local hotel data from Travelocity on
July 26, 2019, Mr. Polce stated that the cost of a room at Dover Downs was $198,
and asked if members thought $1.98 would impact the consumer's decision whether
or not to come to Dover. He noted that he had recently traveled to Dublin, Ireland
where his lodging tax rate was 23% and he never considered spending time outside
of Dublin as a result. Mr. Polce stated that individuals are drawn to Dover for DE
Turf, NASCAR, Firefly, First Fridays, etc. and consumers determine what they are
willing to pay, not the industry. Responding to Mr. Taylor's concerns regarding the
recent tax increases, Mr. Polce stated that the citizens of Dover are bearing the City's
decision regarding the property tax increase, and those living within the Capital
School District are paying as a result of the referendum. He advised that members
have to be mindful that each tax has implications and are coming from different
funding sources and potential funding sources. Mr. Polce stated that he thought it
was also important to keep in mind that research showed that the vast majority of
hotel taxes are not coming from those who live within their same geographical hub.
He expressed his opinion that the proposal was a very reasonable compromise.
Mr. Lindell stated that he did not support a 3% lodging tax; however, the state
legislature provided the City with enabling legislation allowing "up to 3%" and he
indicated that he thought the City's legislation should remain consistent. He stated
that he agreed with the suggestion that the tax should be implemented in increments
and that he thought any revenue that comes of this definitely needs to go to
infrastructure.
Mr. Slavin reminded everyone that the Committee would send a recommendation to
Council regarding the proposed ordinance and then Council would hold two readings,
one in two weeks and one in four weeks, and at each of those occasions, there would
be an opportunity for public input. He stated that they do business like that because
they do not like to fight on the floor, explaining that they like to hear what the
concerns are and then bring things to the floor once they have worked them out and
hopefully they can achieve that compromise. Mr. Slavin expressed his opinion that
members had carried this matter as far as they could, explaining that the Committee
has the option to take the spirit of the dialogue and pass the matter onto Council
without a recommendation and Council could then continue the dialogue in two
weeks. He stated that hopefully in the two intervening weeks members would have
time to sit down and work out a compromise, noting that he thought they had
certainly exhibited an ability to move on this issue.
Mr. Hare noted that no public hearings would be held regarding this matter during
the Council meetings in two and four weeks. Responding, Mr. Slavin stated that
Council can always vote to suspend the rules and have a public hearing. Mr. Hare
indicated that the Committee could recommend that Council set a public hearing,
however, he stated that he thought that they would hear a lot of the same comments.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 16
Mr. Neil stated that after the vote was completed on the current motion, he would
have a motion to designate the funds generated from this tax to go to the
infrastructure.
Mr. Hare advised members that the First Reading was already accomplished, so the
Final Reading would be held during the meeting on September 23, 2019.
The motion to amend line 8 of Proposed Ordinance #2019-16 by inserting after rent,
"starting with an initial rate of 1.5%," failed by a roll call vote of seven no (Sudler,
Slavin, Cole, Taylor, Lindell, Hare, and Contant) and four yes (Anderson, Neil,
Polce, and Shevock).
Mr. Slavin moved to advance Proposed Ordinance #2019-16 without any
recommendation from the Committee and for a public hearing to be scheduled for the
next Council meeting on September 23, 2019. The motion was seconded by
Mr. Cole.
Mr. Anderson reminded everyone that if no public hearing is scheduled for this
particular matter, anyone wishing to speak about it can do so during the open forum
segment of the Council meeting.
The motion to advance Proposed Ordinance #2019-16 without any
recommendation from the Committee and for a public hearing to be scheduled
for the next Council meeting on September 23, 2019 was carried by a roll call
vote of eight yes (Neil, Slavin, Cole, Polce, Taylor, Lindell, Shevock, and
Contant) and three no (Anderson, Sudler, and Hare).
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote. (A Public Hearing and Final
Reading of the ordinance will take place during the latter part of the meeting.)
Proposed Ordinance #2019-17 - Amending Appendix C - Downtown
Redevelopment and Appendix D - Downtown Dover Business Improvement
District (Sponsor: CCW/LF&A Committee)
This matter was deferred during the Council Committee of the Whole/Legislative,
Finance, and Administration Committee meeting of July 23, 2018.
Mr. Slavin advised that credit for the introduction of this proposed ordinance was
owed to Mr. Taylor, who, like many members of Council, expressed an interest in the
status of the City's downtown. Mr. Slavin stated that this is a taxation issue,
explaining that the Business Improvement District (BID) tax is levied against
property owners within the very area the City is trying to revitalize, and it is levied
in addition to property taxes. He reminded members that, two or three years ago,
Council was successful in rolling the rate back to zero and had left it at zero.
Mr. Slavin stated that he thought that the City should just eliminate this provision
from the tax rules entirely, because it is not necessary at this point. He informed
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 17
members that he had repeatedly heard from downtown property and business owners
that they felt that this tax was unfair to them because it was an additional property
tax.
Mr. Todd Stonesifer, 115 North State Street, advised members that he wants to see
the downtown area revitalized and thrive, explaining that he has lots at stake as a
property owner in the BID and President of Destination Downtown Dover, which is
a nonprofit whose mission is to energize the heart of Delaware, which is Dover's
downtown area. He stated that Destination Downtown Dover is responsible for a
portion of First Fridays, as well as History, Heritage and Hops, and Oktoberfest, from
which the funding all goes back into improvement of the downtown area.
Mr. Stonesifer informed members that the biggest complaint he hears is in regard to
building stock. He explained that economic development 101 says that if an
individual who wants to open a business in downtown Dover has to bring a very
outdated building up to current Code, pay property tax, and then pay a secondary BID
tax, and will probably take their idea outside the BID. Mr. Stonesifer indicated that
eliminating the BID tax would support the effort of trying to improve downtown
Dover. He also suggested the possibility of implementing more incentives and
educating people who have an interest in those incentives.
Mr. Anderson stated that the City had implemented a number of incentives for
downtown Dover, so it makes sense to also eliminate disincentives. He reminded
members that Council had set the BID tax rate at zero the past couple of years, and
he thought that the proposed ordinance would formalize that decision. Mr. Anderson
noted that his only concern was in regard to any possible legal implications and, since
he had yet to see any indication that there would be any unforeseen legal issues, he
was in support of the proposed ordinance.
Mr. Neil moved to recommend adoption of Proposed Ordinance #2019-17,
seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Evaluation of Requests for Proposals - Collection Agency Services
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding
the evaluation of requests for proposals (RFPs) for Collection Agency Services.
Staff recommended approval of IC System of St. Paul, MN for Collection Services
and authorization for the City Manager to negotiate and sign a final agreement with
IC System of St. Paul, MN for Collection Services. Fees are based on a percentage
of revenue collected.
Mrs. Mitchell advised that the collection agency adds an 18% fee to the amount of
the collection; however, she suggested having Mr. Matt Harline, Assistant City
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 18
Manager, determine whether the City would get a better collection rate if they take
the 18% out of the City's collection instead. She explained that the City would only
get 82% on the dollar, instead of 100%; however, the City was not getting anything
with the 18% add-on fee arrangement with the last collection agency. Mrs. Mitchell
stated that she wanted Council's authorization to negotiate less than 100% in order
to get a great collection, noting that she would not go below the 18% reduction.
Responding to Mr. Polce, Mrs. Mitchell explained that the agency would still be
collecting 100% of the debt; however, they would take their fee from the City instead
of adding it onto what the customer already owes. She stated that she wanted to look
at the analysis to determine if they would be able to collect more by doing it this way
because they did not have much success with the previous agency which was adding
on the customer fee. Mr. Contant stated that, based on his experience trying to
collect money on behalf of his homeowners' association (HOA), the HOA found they
were more successful in getting money from people when the HOA paid the
collection agency fee out of the money collected instead of adding it onto the overall
price. He explained, for example, that if someone owed $100, the collection agency
fee would be paid from the $100 collected, instead of collecting $118. Mr. Contant
stated that he thought that some people were just not willing to pay the additional
amount, so they would not pay at all.
Mr. Contant asked what the collection success rate is for ICS. Responding,
Mrs. Patricia Marney, Customer Service Director, advised that they collected $11M
in 2017 and $13M in 2018, noting that they have 700,000 accounts. She stated that
she was not sure that answered Mr. Contant's question and that she would be happy
to get that information. Mr. Contant stated that he would be interested in knowing
that information; although, he noted that, according to the Staff Evaluation Matrix,
he thought that it appeared that ICS met the rest of the City's criteria better than the
other companies.
Mr. Anderson expressed his support for Mrs. Mitchell having the authority to run an
analysis. He stated that he thought that if they were dealing with people who were
not paying, and then the amount changes once they agree to pay, it might
psychologically take them back to not want to pay. Mr. Anderson noted that he could
understand Mrs. Mitchell's interest in wanting to try another way, since the City tried
it by adding on the fee and only got a 2% success rate, while the national average
tends to be approximately 30% for collections.
Mr. Sudler stated that Mrs. Mitchell had gained his trust in her insight because she
has been accurate and precise when it comes to numbers and analogy in the past. He
expressed his support and faith in Mrs. Mitchell's assessment.
Mr. Taylor stated that Mrs. Mitchell also has his support. He noted that, as a
business owner with approximately 4,000 customers, if he hired a collection agency
and they got 50% of what was owed, that would be better than 100% of nothing.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 19
Mr. Neil moved to recommend approval of staff's recommendation of IC System
of St. Paul, MN for Collection Services, and authorization for the City Manager
to negotiate and sign a final agreement with IC System of St. Paul, MN for
Collection Services. Fees are based on a percentage of revenue collected. The
motion was seconded by Mr. Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Evaluation of Bids - FY 19 Street and Alley Program
Mrs. Donna Mitchell, City Manager, reviewed the evaluation of bids for the FY 19
Street and Alley Program, noting that the program is based on Community
Transportation Fund (CTF) funding, and is prevailing wage projects. She stated that
Grassbusters Landscaping, Inc. was currently doing most of the work for the City,
they had been doing a good job, and there had not been any problems. Mrs. Mitchell
advised that these CTF funds would basically complete the remainder of the streets
in the Lincoln Park development.
Staff recommended awarding a unit price contract, based upon Bid #19-0024PW for
the FY 19 Street & Alley Program to Grassbusters Landscaping, Inc. based on the
Prevailing Wage unit prices for each work item submitted. The estimated value of
the contract is $483,294. Work will be performed in strict accordance to the Bid
Specifications.
Mr. Sudler moved to recommend awarding a unit price contract, based upon
Bid #19-0024PW for the FY 19 Street & Alley Program to Grassbusters
Landscaping, Inc. based on the Prevailing Wage unit prices for each work item
submitted. The estimated value of the contract is $483,294. Work will be
performed in strict accordance to the Bid Specifications, as recommended by
staff. The motion was seconded by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Fiscal Year 2019/20 Edward Byrne Justice Assistance Grant Program - In-car
Camera/Computer Systems and Interview Room System Upgrade
Mrs. Donna Mitchell, City Manager, reviewed the background information regarding
the Fiscal Year 2019/20 Edward Byrne Justice Assistance Grant Program.
Staff recommended approval of the grant project, as requested.
Responding to Mr. Sudler, Mrs. Mitchell explained her understanding that the
Smyrna Police Department Mental Health Partnership Program was where a
counselor rides along with the police officers for people with opioid issues.
Mr. Polce advised that the Mental Health Partnership Program is a nationally
recognized model where they embed a practitioner with a clinical background in
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 20
with the police to respond for intervention for individuals with either chronic
persistent mental illness or substance use disorder. He stated that when the idea was
originally pitched to the Dover Police Department, they decided to abstain and the
monies were reappropriated to Smyrna. Mr. Polce noted that the initial concern was
that the Dover Police Department did not have enough officers in the community
policing division, which is where the embedded practitioner would best fit. He
explained that the program is very successful in Smyrna and there are also programs
in Oceanview, and Georgetown, and it was his understanding that Milford was also
attempting to start a pilot program.
In response to Mr. Sudler, Mr. Anderson stated that this is a joint grant application
for Dover and Smyrna and each agency decides what to do with their funding. He
explained that this partnership had been ongoing for many years and because Dover
is the larger entity, it has the capacity to act as the administrative agent.
Mr. Neil moved to recommend approval of the grant project, as requested. The
motion was seconded by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Shevock and unanimously
carried.
Meeting adjourned at 7:49 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 7:50 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - ETHICS
COMMISSION - FIVE-YEAR TERM - NANCY H. WAGNER (TO FILL THE EXPIRED
TERM OF NANCY J. SHEVOCK - TERM TO EXPIRE JULY 31, 2024)
Mayor Christiansen recommended the appointment of Nancy H. Wagner to the Ethics Commission
for a five-year term to expire July 31, 2024 (to fill the expired term of Nancy J. Shevock).
By consent agenda, Mr. Neil moved for approval of the appointment, as recommended by
Mayor Christiansen. The motion was seconded by Mr. Lindell and carried by a unanimous
roll call vote.
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 21
PUBLIC HEARING/FINAL READING - ORDINANCE #2019-16
A public hearing was duly advertised for this time and place to consider approval of proposed
amendments to Chapter 102 - Taxation of the Dover Code by inserting a new Article VII - Lodging
Tax.
Mr. Neil moved that the Final Reading of proposed Ordinance #2019-16 be acknowledged by
title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of July 22, 2019.)
Council President Hare advised that the amendment imposes a local lodging tax of up to 3% of the
cost of the rent, in addition to the amount imposed by the State and the County, for any room or
rooms in a hotel, motel or tourist home, as defined in 30 Delaware Code section 6101, within the
boundaries of the City of Dover.
Council President Hare declared the hearing open.
There being no one present wishing to speak during the public hearing, Council President Hare
declared the hearing closed.
Mr. Slavin advised that amendment language had been prepared which would establish the tax
beginning, as recommended by Councilman Anderson, on July 1, 2020, at the rate of one-half of 1%
for the balance of the calendar year 2020, and then the rate itself would be 1% for 2021 and 1 ½ %
for subsequent years. The language also specifies that all of the lodging tax revenue that the City
receives would be accounted for in a committed fund balance account to be used only for
infrastructure.
Mr. Slavin moved for adoption of the amendment, as presented. The motion was seconded by
Mr. Neil.
Mr. Anderson expressed concern that the amendment did not include an exclusion for displaced
individuals who are using the lodging as their permanent home.
Mr. Sudler advised that he would not be supporting any taxation or lodging tax initiative, believing
that, based on his discussions with his constituents, it was not the right time.
The motion for adoption of the amendment, as presented, was carried by a roll call vote of
eight yes (Anderson, Neil, Slavin, Cole, Polce, Taylor, Lindell, and Hare) and one (1) no
(Sudler).
Mr. Polce moved for adoption of Ordinance #2019-16, as amended. The motion was seconded
by Mr. Neil and, by a roll call vote of seven yes (Neil, Slavin, Cole, Polce, Taylor, Lindell, and
Hare) and two (2) no (Anderson and Sudler), Council adopted Ordinance #2019-16, as follows:
Página 22
CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 22
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation of the Dover Code be amended by inserting a new Article VII - Lodging
Tax, as follows:
ARTICLE VII - Lodging Tax
Sec. 102-190. - Local lodging tax.
(a) A local lodging tax is hereby levied of up to 3% of the cost of the rent, in addition to the
amount imposed by the State and the County, for any room or rooms in a hotel, motel or
tourist home, as defined in 30 Del. C. §6101, within the boundaries of the City of Dover.
The tax will be implemented beginning July 1, 2020 at the rate of one half of 1% for 2020;
1% for 2021; and 1 ½% for subsequent years.
(b) The local lodging tax, pursuant to this ordinance, is the responsibility of the occupant of the
room and shall be collected at the time the rental is paid. Operators of the hotel, motel or
tourist home are responsible for the collection of the local lodging tax and the remittance of
the taxes to the City of Dover within 20 days after the end of each calendar month, in
accordance with procedures established by the City Manager and using forms designated by
the City Finance Department. The tax imposed shall be shown on the billing to the occupant
as a separate and distinct item.
(c) Lodging tax receipts will be accounted for in a Committed Fund Balance account to be used
only for infrastructure.
(d) No local lodging tax pursuant to this ordinance shall be collected for reservations or contracts
for lodging executed or completed before July 1, 2020.
ADOPTED: SEPTEMBER 23, 2019
FIRST READING - PROPOSED ORDINANCE #2019-17
Council President Hare reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
October 14, 2019.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2019-17 AMENDING APPENDIX C - DOWNTOWN REDEVELOPMENT AND
APPENDIX D - DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
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CITY COUNCIL MEETING OF SEPTEMBER 23, 2019 PAGE 23
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, announced that OktDoverFest was scheduled for the following
weekend.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Neil announced that September 29th would mark the start of Jewish New Year, 5780, and that
Rosh Hashana begins with the High Holy days ending October 8th and 9th with Yom Kippur, the Day
of Atonement. He wished the members of the Jewish faith in Dover, L'Shana Tova, Happy New
Year, may you be inscribed in the Book of Life.
Mr. Slavin announced that the sad news that came to Council members this week was twofold. One,
that they were losing Ms. Amber Luff, as the mayor had mentioned, but also Ms. Denise Devine was
leaving them for the private sector. He asked members to join him in thanking her for all of the work
she has done for the City over the years.
Mr. Anderson advised everyone who was interested in Delaware Goes Purple that Mr. Chris Herren
would be one of the speakers and that it would be a great, free, event. He noted that free tickets
could be obtained at Eventbrite.
Mr. Hare wished Councilman Sudler a happy birthday on September 28th.
Mr. Neil moved for adjournment, seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 8:17 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 23, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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