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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on October 11, 2021 at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Mr. Hare, Mrs. Arndt, Mr. Rocha, and Mr. Taylor.
Staff members present were Deputy Chief Spicer, Ms. Peddicord, Mr. Harline, Mr. Hugg,
Mr. Rodriguez, Mrs. Sapp, and Mrs. Ramsey. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting.
Council President Sudler declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Steven Hall, 326 North Bradford Street, spoke about the need for a small playground in the
General Green Development and the need for driveways on North Bradford Street.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Neil.
ADOPTION OF AGENDA
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Hare moved for adoption of the consent agenda, seconded by Mr. Neil and carried by a
roll call vote of seven yes (Anderson, Boggerty, Neil, Hare, Arndt, Taylor, and Sudler) and
one abstention (Rocha).
ANNEXATION/REZONING OF PROPERTY LOCATED AT 633 PERSIMMON TREE
LANE
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 RC - Recreational and Commercial Zone, as submitted.
Public Hearing - Zoning Classification
Members considered a request for the rezoning of property proposed for annexation located at
633 Persimmon Tree Lane, consisting of 3.1707+/- acres, owned by Dover Indoor Tennis, Inc. The
property is currently zoned AR - Agricultural Residential District (Kent County zoning
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 2
classification) and the proposed zoning is RC - Recreational and Commercial Zone (City of Dover
zoning classification).
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 633 Persimmon Tree Lane, owned by Dover Indoor Tennis, Inc.
Council President Sudler declared the public hearing open. There being no one present wishing to
speak, Council President Sudler declared the public hearing closed.
Adoption of Annexation Resolution No. 2021-24
Members considered Annexation Resolution No. 2021-24 for property located at 633 Persimmon
Tree Lane, owned by Dover Indoor Tennis, Inc.
By motion of Mr. Neil, seconded by Mr. Rocha, Council, by a unanimous roll call vote,
adopted Resolution No. 2021-24, 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 Little Creek 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 that certain tract, piece or parcel of land with the improvements erected thereon,
situated in Little Creek Hundred, Kent County, State of Delaware, lying along the
Northwesterly side of Persimmon Tree Lane, and being bounded on the North by lands
now or formerly Dover International Speedway, on the East by lands now or formerly
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 3
Persimmon Tree Properties, LLC (Parcel 15.00) and other lands now or formerly of
Persimmon Tree Properties, LLC (Parcel 34.00), on the West by lands now or formerly
Dover International Speedway, and being more particularly bounded and described as
follows, to-wit:
BEGINNING at a point in the center line of Persimmon Tree Lane, at a common corner
for this lot and said lands of Persimmon Tree Properties, LLC (Parcel 34.00);
THENCE with the centerline of Persimmon Tree Lane, South 50 degrees 27 minutes 10
seconds West 400.00 feet to a point at a corner for this lot;
THENCE leaving said centerline, North 38 degrees 54 minutes 50 seconds West 30.55 feet
to a corner for said lands of Dover International Speedway;
THENCE with said lands of Dover International Speedway the following four (4) courses
and distances:
(1) North 38 degrees 54 minutes 50 seconds West 299.45 feet to a point;
(2) North 50 degrees 27 minutes 10 seconds East 225.00 feet to a point;
(3) North 38 degrees 54 minutes 50 seconds West 35.00 feet to a point;
(4) North 50 degrees 27 minutes 10 seconds East 175.00 feet to a point in the line of
said lands of Persimmon Tree Lane (Parcel 15.00);
THENCE with said lands Persimmon Tree Properties, LLC (Parcel 15.00), South 38
degrees 54 minutes 50 seconds East 156.10 feet to a common corner for said lands of
Persimmon Tree Lane, LLC (Parcel 15.00) and Persimmon Tree Lane, LLC;
THENCE with Persimmon Tree Lane, LLC (Parcel 34.00), South 38 degrees 54 minutes
50 seconds East 208.90 feet, passing over an iron pipe at 339.77 feet, to the place and point
of BEGINNING.
CONTAINING within said metes and bounds 138,116.6 square feet (3.1707 acres) of land,
more or less.
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 12th day of October, 2021 at
12:01 a.m.
ADOPTED: OCTOBER 11, 2021
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 4
Final Reading/Adoption of Rezoning Ordinance #2021-16
Members considered Ordinance #2021-16 rezoning property located at 633 Persimmon Tree Lane,
owned by Dover Indoor Tennis, Inc.
Mr. Neil moved that the Final Reading of Ordinance #2021-16 be acknowledged by title only,
seconded by Mr. Boggerty and unanimously carried. (The First Reading of the ordinance was
accomplished during the Council Meeting of August 9, 2021.)
Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission.
The motion was seconded by Mr. Rocha and, by a unanimous roll call vote, Council adopted
Ordinance #2021-16, 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 633 PERSIMMON TREE LANE
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 AR - Agricultural Residential District (Kent County zoning
classification) to RC - Recreational and Commercial Zone (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 AR - Agricultural Residential District (Kent County zoning classification) to RC -
Recreational and Commercial Zone (City of Dover zoning classification) on that property
located at 633 Persimmon Tree Lane, consisting of 3.1707 +/- acres, owned by Dover
Indoor Tennis, Inc. (Tax Parcel: LC-00-058.00-01-32.00-000; Planning Reference:
AX-21-03; Council District: 3)
ADOPTED: OCTOBER 11, 2021
ADOPTION OF MINUTES-REGULAR COUNCIL MEETING OF SEPTEMBER 27, 2021
The Minutes of the Regular Council Meeting of September 27, 2021 were unanimously
approved by motion of Mr. Hare, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT –
SEPTEMBER 28, 2021
The Council Committee of the Whole Meeting was held on September 28, 2021 at
6:02 p.m. with Council President Sudler presiding. Members of Council present
were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare, Mrs. Arndt, Mr. Rocha, and
Mr. Taylor. Mayor Christiansen was also present. Civilian members present for
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their Committee meetings were Mr. Shelton (Safety Advisory and Transportation),
Mr. McCutchen (Utility), and Mr. Contant (arrived at 6:03 p.m.) and Mr. Shevock
(Legislative, Finance, and Administration).
COUNCIL COMMITTEE OF THE WHOLE
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
UTILITY COMMITTEE
The Utility Community met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare and
unanimously carried.
Evaluation of Bids - Inflow and Infiltration Evaluation (Jason Lyon, Director
of Water and Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and
analysis regarding the evaluation of bids for the inflow and infiltration evaluation.
Staff recommended awarding the contract to Reybold Construction Technologies,
LLC, for the City of Dover Inflow and Infiltration Removal Project, Bid #22-
0003WW, for the amount of $488,914.50.
Mr. Hare moved to recommend approval of staff's recommendation, seconded by
Mr. Neil.
Responding to Mr. Taylor, Mr. Lyon stated that the procurement policy was to
submit the evaluation as a public bid and City staff had reached out to minority
vendors in this category but, unfortunately, there were not a lot in this particular
area.
Responding to Mr. Taylor, Mr. Lyon stated that he could not guarantee anything
but he was fairly confident that the $488,914.50 would encompass all of the City’s
needs to finish the project because they had done a lot of research.
The motion to recommend approval of staff's recommendation was
unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
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Mr. Anderson moved to recess of the Utility Committee meeting. The motion
was seconded by Mr. Neil and unanimously carried.
Meeting recessed at 6:08 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
United Way - Request for American Rescue Plan Act (ARPA) Funds
(Michelle A. Taylor, President and Chief Executive Officer, United Way)
Ms. Michelle Taylor, President and Chief Executive Officer of United Way,
reviewed a presentation from United Way of Delaware and the Delaware Racial
Justice Collaborative entitled "Learning Pod Collaborative Fighting for Equity for
Our Dover Students," dated September 21, 2021.
Responding to Mrs. Arndt, Ms. Taylor stated that the learning pods would be taking
place at the Boys and Girls Club and the Green Beret Project. She noted that the
First State Community Action Agency wanted to start some as well.
Responding to Mrs. Arndt, Ms. Taylor stated that the pod size could vary. She
explained that there was a total of about 100 students, but the ratio was about one
teacher to about ten students and the age/grade could range anywhere from
kindergarten to twelfth grade in a single pod. Ms. Taylor noted that the staff was
meeting each child where they were academically and working with their teachers
and the school districts to ensure they were getting the support they needed.
Responding to Mrs. Arndt, Ms. Taylor stated that the pod educators were not
teachers, they were more community-based organizations in partnership with the
school districts. She explained that over the past year they had worked with the
school districts to do virtual tutoring and they still had a contract with them.
Ms. Taylor noted that they had brought tutors on site for their expertise and in some
cases brought a liaison in for trauma or social service support if needed.
Responding to Mrs. Arndt, Ms. Taylor stated that in most cases they coordinated
with the school to provide transportation to and from the pods but they had some
money in their budget for transportation. She explained that in some cases a pod
may serve two separate school districts. Ms. Taylor gave the example that if a pod
was serving both Capital School District and Caesar Rodney School District and it
was located within Caesar Rodney’s District, Caesar Rodney may do transportation
but Capital may not, so a mode of transportation would need to be figured out for
the Capital School District students.
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Responding to Mr. Taylor, Ms. Taylor stated that the 85% participation rate that
was mentioned in the presentation was measured from the beginning of the program
to the end of the summer which was almost a full year’s attendance. She noted that
each pod reported their attendance monthly.
Responding to Mr. Taylor, Ms. Taylor stated that they shared a space with
Delaware Multicultural and Civic Organization (DEMCO) and were trying to
figure out how to expand other grassroots partners in this project as well.
Responding to Mr. Boggerty, Ms. Taylor stated that the pods met daily, five days a
week.
Responding to Mr. Boggerty, Ms. Taylor stated that the students were fed at the
pods. She noted that they had also partnered with the Division of Social Services
(DSS) so if things needed to be sent home for the weekend or if DSS needed to get
involved the families would have additional support.
Responding to Mayor Christiansen, Ms. Taylor stated that to run the entire program
the cost was about three million dollars. She explained that she had a funder that
she was currently working with and was considering making a commitment for one
million dollars for two years because they wanted to focus on this program for 24
months. Ms. Taylor noted that she was also working with the school districts to
come up with two million dollars for two years. She stated that there were about
1,000 children in the pods and they were looking for each district to contribute their
percentage from their funding and United Way would have to raise the other third
which was why she was present that night.
Responding to Mr. Contant, Ms. Taylor stated that they would be using the same
research sources as the school districts. She explained that the districts had given
them the programs that were used in the schools. Ms. Taylor noted that the pods
could be thought of as an extension of the school day and that they did not work
without the school district. She explained that the school districts needed them to
reach the students that had the highest needs, and they needed the school districts
to be successful.
Responding to Mr. Contant, Ms. Taylor stated that the students would be at the pods
for about two to three hours, and they had committed to the school districts to
provide 45 minutes of math and 45 minutes of English Language Arts (ELA). She
explained that for the remainder of the time at the pods they wanted to do fun things
with the students because they also wanted to create a love of learning so that when
the students went back into their school day they would be better students.
Responding to Mr. Contant, Ms. Taylor confirmed that the students were broken
up by location, not by grade.
Responding to Mr. Contant, Ms. Taylor stated that they would consider breaking
the pods down by grade rather than location if they could get transportation for
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everyone. She explained that each pod could serve up to five different school
districts so if staff had 40 or 50 students, they may try to break them down into
smaller pods by grade but for pods with only ten or fifteen students that may be
harder to do.
Responding to Mr. Contant, Ms. Taylor stated that they would try to specifically
look for City of Dover individuals for the 100 students that they were going to
target. She explained that she had met with Dr. Tony Allen, President of Delaware
State University, that day and, due to the low percentage of African Americans
entering college that were not prepared, he would like United Way to have a greater
focus on students in the vicinity, especially since Delaware State University had
just acquired Wesley College in downtown Dover.
Responding to Mr. Contant, Ms. Taylor stated that when the time came to move
this item beyond informational, she could provide the contract to committee
members for review.
Ms. Anne Smith, Central Delaware National Association for the Advancement of
Colored People (NAACP), stated that she thought this was a great program but
suggested that Ms. Taylor look for retired teachers rather than using people who
were not certified to teach. She noted that the Boys and Girls Club was quite far
away in Wyoming, Delaware so she was not sure how many students they would
reach there but she supported Dr. Allen’s suggestion to look for inner-City students
in the Dover area.
Mr. Hare moved to refer this item to staff for qualification of supplemental
ARPA appropriation, seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
Discussion - Weatherization and Maintenance of the Post Office Building at
55 Loockerman Plaza (Matt Harline, Interim City Manager)
Mr. Matt Harline, Interim City Manager, provided an update on the Post Office
Building at 55 Loockerman Plaza to include the following:
• The City would receive the keys to 55 Loockerman Street on Thursday,
September 30, 2021.
• The Post Office had given the City notice that they wanted to be released
from their lease of the building since their new building was complete and
they were in the final stages of cleaning out the old property.
• The Post Office had advised the City that they would be cutting off utilities
which would then be billed to City Hall. This would most likely go over
budget regardless of the amount of weatherization that may be done due to
the City not knowing when the building would be turned over and therefore
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not budgeting for the utilities, but Mr. Harline stated that he may have a
potential solution for this.
• The building as it currently existed was permitted for a specific use group
in the Building Code so changing it to other uses in the interim may be
difficult. Mr. Harline noted that any use where a lot of people would be
using the entire building could trigger substantial upgrades per the Code.
He noted that there was no sprinkler system so using the entire area for
occupancy or use would probably be difficult.
• Things that were allowed when the building was upgraded in the seventies
were no longer allowed.
• Non-conforming uses were grandfathered for the City but if someone else
used the building they would have to bring it up to Code.
• There were multiple concerns regarding the building to include:
• Structural concerns (the wall on the library side was bowed out slightly)
and there were cracks in the basement (which may or may not be signs
of foundational problems).
• The roof leaked which had cause wood rot and there were serious leaks
in the dormers on the top floor of the building.
• There was an antiquated heating, ventilation, and air conditioning
(HVAC) unit in the basement that was functional but was not a perfect
system when the building was occupied. Mr. Harline stated that it would
be a challenge to keep the HVAC working well enough to prevent rot
and keep the water lines from bursting in the winter.
• There was almost certainly asbestos in the floor tiles and possibly
elsewhere.
• There may be polychlorinated biphenyls (PCB’s) in the transformer of
the basement.
• There may be lead paint.
• There was mold (although it was not known if it was severe).
• Long-term reuse would involve substantial investment and demolition
may end up being the best option.
Mr. Harline stated that his recommendation was to secure the perimeter of the
building with fencing and do regular visits to the building. He explained that the
Post Office had informed the City that some people had been sleeping on the back
dock of the building so by adding fencing it would make it less possible for people
to get on the back dock. Mr. Harline noted that aggressive weatherization would
need to be done including covering the windows with plastic although as minimally
as possible, especially in the front, but the utility bills could be high. He stated that
there was a second floor to the building with several offices so they would try to
find a way to minimize heating and cooling loss on that floor. Mr. Harline explained
that the final part would be to seek bids for a structural engineer to find out if the
building was stable and sound for renovation. He noted that they also wanted to
talk to some other government partners to get discussion started to see if there were
options for the Federal Government to help out because it was a fairly central
location.
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Responding to Mr. Anderson, Mr. Harline stated that the possible solution for the
budget was that there was a lease for the parking lot that had been renewed around
2000 or 2008 which meant the Post Office owed $7,700 annually for parking. He
explained that this had not been collected and the City had received a check earlier
that day for $33,000 which he believed was payment for the parking lease but staff
was trying to investigate it to confirm. Mr. Harline noted that the $33,000 had not
been budgeted in revenue and could possibly cover some of the cost this project
would incur. He stated that a structural engineer would probably run in the
neighborhood of $15,000 plus or minus to get a thorough review and that is what
he would like to move forward with. Mr. Harline explained that the City was a long
way from coming up with a long-term plan but the first thing to do was find out if
the building was safe so he was asking to move forward with getting a structural
engineer which was not budgeted.
Responding to Mr. Boggerty, Mr. Harline stated that if the structure was sound and
could be rehabilitated that would be the first and best thing to do. He explained that
he did not know if it would be a solution for parking in the downtown district if
demolished, but it was his understanding that there was a possibility that there may
be an interest in the property parking for State employees. Mr. Harline noted that it
was a beautiful location for different options that would need to be looked into.
Responding to Mr. Boggerty, Mr. Harline stated that he did not know how it would
work if it was turned into State parking. He explained that Ms. Tina Bradbury,
Downtown Dover Partnership, had accompanied him to the property and had some
ideas but nothing had been looked into.
Responding to Mr. Rocha, Mr. Harline stated that if the asbestos tiles were kept
damp and the friable asbestos could be kept from getting into the air it could be
managed pretty well. He explained that if there was asbestos in the insulation or
other places where it would be much more friable then it would require more tenting
and more expense. Mr. Harline stated that there may be some environmental
hazards in the basement so he thought there would be some expense. He explained
that in the worst-case scenario, the environmental costs could be more than the
physical demolition of the building.
Responding to Mr. Rocha, Mr. Harline stated that the first thing to do would be the
structural report to see if the foundation had issues, if the report showed that all that
could be salvaged were I-Beams, then they would need to look into an
environmental assessment which would be a separate assessment by a separate
company. He explained that whether the building was reused or demolished an
environmental assessment would need to be done.
Responding to Mr. Sudler, Mr. Harline stated that he believed the building was built
in 1964.
Responding to Mr. Sudler, Mr. Harline stated that they believed there was lead-
based paint in the building.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 11
Responding to Mr. Hare, Mr. Harline stated he thought it was best to start with a
structural assessment rather than an environmental assessment to ensure the
structure was sound. He explained that the environmental assessment would be
another expense so if it could be held off until the next budget year that would be
better. Mr. Harline noted that any environmental issues could most likely be
encapsulated and left in the building for the foreseeable future.
Mr. Hare stated that if the environmental assessment could dictate whether or not
the building should be torn down then it was his suggestion to start with that
assessment first and follow it up by the structural assessment if it was warranted.
Mr. Harline stated that a structural assessment would still need to be done to do the
demolition work properly.
Responding to Mr. Boggerty, Mr. Harline stated that his wild guess was that the
City would be lucky to demolish the building for less than one million dollars.
Responding to Mr. Boggerty, Mr. Harline stated that they had figured that the
utilities for the building would be around $1,500 a month at the minimum but it
was still speculation based on other buildings that were similar.
Mr. Sudler stated that he believed it would cost much less than one million dollars
to demolish the building.
Mrs. Arndt stated that she agreed with the need for the assessment of the building
and securing the building, but she wanted to make sure that it was maintained to
look like a feature of the gateway to downtown Dover.
Responding to Mr. Rocha, Mr. Harline stated that the lease with the Post Office had
been unique, but he had glanced through it. He explained that he could get some
information on the past maintenance, on how it came to be, and if there were other
buildings the City was leasing that could run the risk of falling into the same
situation.
Responding to Mr. Contant, Mr. Harline stated that he believed the building was
3,400 square feet but he could get that information to him.
Mr. Contant stated that his recommendation would be to demolish the building
based on the issues talked about and the cost to repair them. He explained that he
agreed that the environmental assessment should be the first step and the City
should try to put the cost of the structural engineer on the company it contracts with
for the demolition.
Mr. Contant asked what the current setback for the building was and what the cost
was for weatherization and putting up a fence.
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Mr. Harline stated that staff had decided they needed to put up a fence that day and
it would probably require some surveillance periodically as well to keep people
from sleeping there.
Responding to Mr. Contant, Mr. Harline stated that what he was asking for was the
ability to spend in the neighborhood of $30,000 and the first choice would be to use
the money that just became available for this project. He explained that he had
spoken to Ms. Lori Peddicord, Controller/Treasurer, and Mr. Jeff Dill, Budget
Analyst, and there was not a source for $30,000 out of the general fund.
Responding to Mr. Contant, Mr. Harline stated that his original reason for bringing
this item forward that night was to get a start on the project. He explained that he
would get more information to the Committee as staff got a chance to have more
data on the project.
Responding to Mr. Taylor, Mr. Harline stated that the City did not have a structural
engineer on staff. He explained that the City did have an environmental scientist on
staff, but their expertise was in storm water.
Mr. Sudler recommended that Mr. Harline look into Apha Engineering for a
structural report.
Mr. Harline stated that the City would seek bids from several different contractors
for engineers.
Ms. Anne Smith, Central Delaware NAACP, suggested that the City partner with
an engineer and barter for the assessment.
Responding to Mr. Sudler, Mr. Harline stated that he could provide the estimates
for the environmental assessment, structural engineering report, and weatherization
so Council could see them individually.
Mr. Hare moved to recommend approval for weatherization of the Post Office
Building at 55 Loockerman Plaza and to conduct an environmental assessment
and structural engineering report up to $30,000. The motion was seconded by
Mr. Hare and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
Sale and Disposition of Excess Real Property (Matt Harline, Interim City
Manager)
Mr. Matt Harline, Interim City Manager, reviewed the background and analysis
regarding the sale and disposition of excess real property for properties located at
145 North Ann Avenue, 710 Slaughter Street, 423 Collins Drive, and 131 North
Kirkwood Street.
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Staff recommended reviewing the requests for the three parcels of land that had
been properly declared surplus and determining to which non-profit organization
they should be donated. Exemption E under Section 2-244 (e) (5) could be applied
to the property at 131 N Kirkwood Street and may be donated to a non-profit
organization. Furthermore, direct staff to prepare such documents as may be
necessary to ensure that any stipulations are met for the use of the property.
Responding to Mr. Sudler, Mr. Harline confirmed that in saying “giving away” he
meant gifting property to a non-profit organization.
Ms. Faye White, 101 Babb Drive, Luther Village II Dover, Delaware reviewed the
documents she had submitted regarding her request for a building for her non-profit
organization, A 2nd Chance - A Haven for Abused-N-Battered Women and
Children, Inc.
Responding to Mr. Taylor, Ms. White stated that when she was operating A 2nd
Chance in Philadelphia, Pennsylvania she operated from her own home and
therefore had no over-head expenses, she utilized her own finances to keep the non-
profit going.
Mr. Taylor stated that he thought the best thing to do would be to table the
discussion regarding A 2nd Chance so that members of the Committee could meet
with Ms. White to discuss the best route to take and give Ms. White an opportunity
to put her ideas in writing so she would have a roadmap going forward.
Responding to Mr. Rocha, Ms. White clarified that the name of the non-profit was
not just A 2nd Chance, the full name was A 2nd Chance - A Haven for Abused-N-
Battered Women and Children, Inc.
Responding to Mr. Rocha, Ms. White confirmed that her organization was a
registered 501(c)(3) non-profit.
Ms. Anne Smith, Central Delaware NAACP, stated that she would be submitting
Ms. White’s proposal to the Central Delaware NAACP to see if they could help her
in her efforts to establish the organization.
Mr. Harline stated that his recommendation would be for the City to hold onto the
property at 423 Collins Drive and to work with the National Council on Agricultural
Life & Labor Research Fund, Inc. (NCALL) and Habitat for Humanity for 131
North Kirkwood Street, 145 North Ann Avenue, and 710 Slaughter Street. He
explained that it would require a separate motion for Council to decide to donate
131 North Kirkwood Street to a non-profit since it had not been previously declared
surplus.
Mr. Neil moved to recommend approval of staff’s recommendation to approve the
exception to donate 131 North Kirkwood Street to a non-profit organization,
seconded by Mr. Hare.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 14
Mr. Tolano Anderson, 50 Dove Creek Terrace Dover, Delaware, stated that he
supported all of the non-profits that had been mentioned but he felt it was a
disservice for the City to give the properties away when there were citizens
interested in purchasing them. He noted that while the properties had been listed in
the past, he believed they had been overpriced. Mr. Anderson explained that he had
a specific interest in the property at 710 Slaughter Street because he owned several
properties close to it and he was also interested in the two vacant lots across the
street from it as well.
Responding to Mr. Anderson, Mr. Tolano Anderson confirmed that he was only
interested in the 710 Slaughter Street property and the two vacant lots the City
owned that were directly across the street from it. He noted that one lot was
buildable and the other was not.
The motion to recommend approval of staff’s recommendation to approve the
exception to donate 131 North Kirkwood Street to a non-profit organization
was unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
Mr. Neil moved to recommend approval of staff’s recommendation to donate
145 North Ann Avenue to a non-profit organization, seconded by Mr. Sudler
and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
Responding to Mrs. Arndt, Mr. Harline stated that if the NCALL and Habitat for
Humanity could not come to a decision amongst themselves about who the property
would go to, it could come back to Council to settle any dispute. He noted that The
Good Neighbor Next Door program had indicated that they were interested in the
property at 131 North Kirkwood Street, but he did not know that it was a registered
non-profit organization.
Mr. Neil moved to recommend approval of staff’s recommendation to donate
145 North Ann Avenue to a non-profit organization, seconded by Mr. Sudler
and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 15
Mr. Anderson stated that 710 Slaughter Street would be left on the table for
discussion and asked that Mr. Harline bring that property back and inform the
Committee what was happening with it at a later time.
Mr. Neil moved for adjournment of the Legislative, Finance and
Administration Committee meeting, seconded by Mrs. Arndt and
unanimously carried.
Meeting adjourned at 7:47 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Prioritization of City of Dover State Capital Transportation Program (CTP)
Projects (David Hugg, III, Planning and Community Development Director)
Mr. David Hugg, III, Planning and Community Development Director, reviewed
the background and analysis regarding the prioritization of City of Dover State
Capital Transportation Program (CTP) projects.
Staff recommended approval of the 2021 transportation prioritization list.
Mr. Hare moved to recommend approval of staff’s recommendation. The motion
was seconded by Mr. Boggerty.
Mr. Hugg noted that there were revisions made to items two and ten of the 2021
Transportation Project Prioritization list. He explained that item two had been
corrected to read “Saulsbury Road” instead of “Scarborough Road” and he had
included a comment about the plans for Senator Bikeway in the description for item
ten. Mr. Hugg noted that he had received a question from Mr. Chris Asay asking
about the extent of work on West Street, but he was unable to answer the question
at that point in time. He stated that the extent of work on West Street did not affect
the priority, but it would potentially affect the scope of the project.
Mr. Anderson urged members of Council and the public to make comments on the
CTP project and advised that the Delaware Department of Transportation
(DelDOT) was taking public comments. He noted that if anyone needed the email
address to submit comments, he could have it emailed out.
Mr. Anderson stated that after the item was adopted, he would like to make a motion
to formally support the requests for appropriation to fund the Garrison Oak
Connector Road.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 16
Mr. Hare moved to recommend approval of the 2021 transportation
prioritization list, as recommended by staff. The motion was seconded by
Mr. Boggerty and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the 2021 Transportation Prioritization
List (Exhibit #1), as recommended by the Committee. The motion was seconded by Mr. Neil
and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil, Hare, Arndt, Taylor,
and Sudler) and one abstention (Rocha).
Mr. Anderson moved to recommend the funding, as recommended by the
Metropolitan Planning Organization (MPO), for the Garrison Oak SR-1
Connector to the State for approval in the next General Assembly. The motion
was seconded by Hare and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil,
Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
Mr. Boggerty moved to recess of the Utility Committee meeting, seconded by
Mr. Anderson and unanimously carried.
Meeting recessed at 7:52 p.m.
UTILITY COMMITTEE
The Utility Committee reconvened with Chairman Rocha presiding.
Update on Cross Connection Control Program (Jason Lyon, Director of Water
and Wastewater and Kate Mills, Water Production Manager)
Mr. Jason Lyon, Director of Water and Wastewater, introduced Ms. Kate Mills,
Water Production Manager.
Ms. Mills reviewed a presentation entitled “Cross-Connection Control Program
Update”.
Responding to Mayor Christiansen, Ms. Mills stated that the majority of plumbing
fixtures for a building would have some sort of backflow prevention on them. She
explained that the need would depend on how the fixture was used and was
installed.
Responding to Mayor Christiansen, Ms. Mills stated that fire systems went through
the Fire Marshal’s Office and they were keeping record of annual testing.
Responding to Mayor Christiansen, Ms. Mills stated that the City was more focused
on high-hazard non-residential premises. She noted that the regulations said that
residential properties more than likely would be low hazard, so that regulation could
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 17
be satisfied through public education explaining how to avoid backflow in those
types of settings.
Responding to Mayor Christiansen, Ms. Mills stated that the program should not
affect the majority of residential customers. She explained that there was potential
for specific cases but that was something they would have to formalize in a cross-
connection control plan.
Responding to Mr. Taylor, Ms. Mills stated that she could not say that there would
not be a cost to City homeowners eventually because the potential was there. She
explained that their immediate focus would be on non-residential properties but as
they moved forward with finishing the plan the regulation would need them to
address special considerations for residential and non-residential properties, so they
needed to make sure they complied with the Delaware regulation. Ms. Mills noted
that may include taking a look at some specific residential locations, but for the
most part they would be heavily relying on public education to fulfill that portion
of the program.
Responding to Mr. Taylor, Ms. Mills stated that National Water Specialties
Company (NAWSC) would send out an assessment that the customer would fill out
and send back and based on that they would determine the next steps that would be
required. She noted that if an inspection was required, the customer would need to
pay for it.
Mr. Lyon stated that they could certainly bring the plan before the Committee once
it was finalized for review and to answer specific questions before the ordinance
came forth.
Mr. Anderson moved for adjournment of the Utility Committee meeting,
seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 8:11 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee reconvened with Chairman
Taylor presiding.
Update on Police Chief’s Advisory Committee for 2021 (Thomas Johnson,
Police Chief)
Police Chief Thomas Johnson provided an update on the Police Chief’s Advisory
Committee for 2021 to include the following:
• The Committee had its first meeting on September 30, 2020 and Ms.
Courtney Ford was named the chairperson.
• The group was a member-driven Committee of nine (9) people that
represented the stakeholders of Dover.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 18
• The group met as often as it needed to, which during the first year had
translated into a bi-weekly schedule. He noted that the COVID spike did
lead to the cancellation of some of the early meetings, but they were able to
rebound from that with a shift to virtual meetings.
• In the autumn of 2020 the meetings featured presentations from various
special units of the police department in order to orient members to basic
police functions. This included but was not limited to internal affairs, the
hiring process, and the testing process which was validated to the
Committee through one of the member’s questions. The department went
back to the testing company to make sure that it had been peer reviewed and
did not have any challenges in relation to equity or bias when it related to
the testing of police officers. They also got into the academy education
process for new police officers and the Committee was able to offer some
curriculum updates that were adopted by the course coordinator for the
police academy. They covered field training education, orientation,
narcotics, Police Athletic League (P.A.L.), and the body-worn camera
implementation.
• In the winter of 2020 the Committee pushed the Chief to use technology to
connect with the young people in the Dover area. They attempted to do a
video contest, a subcontractor was hired to help with marketing and a prize
pool was assembled but the contest did not resonate with the youth and they
did not get much of a response which turned into a learning experience for
the Committee and the Police Department.
• In the spring of 2021 the resource psychologist at the police department was
introduced to the Committee so they could talk to him about what was
involved in psychological issues during the ongoing career of a police
officer. To try and touch base with the youth of the community, they
recognized and solicited the idea of a youth subcommittee. Mr. Jordan
Denby, President of the Black Student Union at Dover High School, jumped
in and started to organize some of his classmates to figure out why the
Committee was not able to connect with young people. The subcommittee
started meeting before the close of school last year and had jumped back in
on September 21st.
• In the summer of 2021 there was a lively discussion about the community
response vehicle and was able to partner with Council to get a lot of good
things accomplished. They received a lot of community feedback that the
Committee was working on currently. They also conducted a survey at
National Night Out in August and that information combined with the
feedback already received had formed the basis for what the fall agenda
would be. The Group Violence Intervention (GVI) program spontaneously
came out to a June meeting and came back to another meeting in July to
give more information.
• Topics that had come out of larger meetings and the survey were: individual
officer engagement with the community members, community services
provided in and through the police department, youth engagement,
marketing communication, a revisit to gang and drug violence issues in
Dover.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 19
• In 48 hours the Committee would be celebrating its one-year anniversary
with both the current members and alumni.
Responding to Mayor Christiansen, Chief Johnson stated that Group Violence
Intervention (GVI) was a project the police department had been trying to develop
for some time. He explained that GVI was a program that was hyper-focused on
the less than 1% of individuals that continuously prove they are part of some of the
most horrible violence in a community. Chief Johnson noted that the idea was to
first try and deliver services to those individuals to help with whatever challenges
they may have that lead to that lifestyle and if they still continue in that lifestyle
regardless of the help then law enforcement hyper-focuses resources to make sure
they are not a continued danger to the community.
Mr. Neil moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 8:26 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:26 p.m.
By consent agenda, Mr. Hare moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty,
Neil, Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
MONTHLY REPORTS - AUGUST 2021
By motion of Mr. Hare, seconded by Mr. Neil, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Manager’s Report
City Planner’s Report
Controller/Treasurer’s Budget Report
Police Chief’s Report
2021/22 CITY COUNCIL APPOINTMENTS – MELANIE S. PATTERSON – ASSISTANT
CONTROLLER/TREASURER
By consent agenda, Mr. Hare moved to appoint Ms. Melanie S. Patterson to serve as
Assistant Controller/Treasurer, seconded by Mr. Neil and carried by a roll call vote of seven
yes (Anderson, Boggerty, Neil, Hare, Arndt, Taylor, and Sudler) and one abstention (Rocha).
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 20
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN – SILVER LAKE
COMMISSION – TWO – YEAR TERMS TO EXPIRE JUNE 2023
By consent agenda, Mr. Hare moved for approval of the following appointments, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Neil and carried by
a roll call vote of seven yes (Anderson, Boggerty, Neil, Hare, Arndt, Taylor, and Sudler) and
one abstention (Rocha).
SILVER LAKE COMMISSION – TWO -YEAR TERMS TO EXPIRE JUNE 2023
A. Kathleen Marie Doyle (to fill the expired term of Zachary C. Carter)
B. Welton N. Satchell (to fill the expired term of Lyle Allen Jones)
2020/21 ANNUAL COMMITTEE APPOINTMENTS - COUNCIL COMMITTEE OF THE
WHOLE SUBCOMMITTEES - RECOMMENDED BY COMMITTEE CHAIRS
(DEFERRED DURING THE ANNUAL MEETING OF MAY 10, 2021)
By consent agenda, Mr. Hare moved for approval of the following appointment, seconded by
Mr. Neil and carried by a roll call vote of seven yes (Anderson, Boggerty, Neil, Hare, Arndt,
Taylor, and Sudler) and one abstention (Rocha).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
Chanda P. Jackson (Recommended by Chairman Taylor)
RESOLUTION NO. 2021-25 - AUTHORIZING SIGNATURES FOR BANKING
SERVICES ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER,
ASSISTANT CONTROLLER/TREASURER, ASSISTANT TREASURER, AND
INTERIM ASSISTANT TREASURER
By consent agenda, Mr. Hare moved for adoption Resolution No. 2021-25. The motion was
seconded by Mr. Neil and by a roll call vote of seven yes (Anderson, Boggerty, Neil, Hare,
Arndt, Taylor, and Sudler) and one abstention (Rocha), Council adopted the following
Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to
$100,000 per banking institution, investments in the State of Delaware Investment Pool, and the
purchase and sale of investment grade corporate bonds, and U.S. Treasury and agency securities;
and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various
financial institutions require an Authorizing Resolution for the opening of accounts, and for
purchasing, selling, transferring, assigning, and handling securities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer, Assistant Controller/Treasurer, Assistant Treasurer, and Interim
Assistant Treasurer are hereby authorized to open accounts with banking institutions and purchase,
sell, transfer, assign, and handle securities and that they are authorized to sign all related forms;
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 21
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any
one signature; and
That the following are the office holders authorized for these purposes, until further notice:
Lori Peddicord - Controller/Treasurer
Melanie S. Patterson - Assistant Controller/Treasurer
Janella Sapp - Assistant Treasurer
Megan Ramsey - Interim Assistant Treasurer
ADOPTED: OCTOBER 11, 2021
FIRST (1ST) DISTRICT COUNCIL VACANCY - TERM TO EXPIRE MAY 8, 2023
In accordance with Article II - Mayor and Council, Section 13 - Vacancies; forfeiture of office;
filling of vacancies of the City Charter, a Special Election must be held to fill the vacancy created
by the resignation of Councilman Matthew Lindell since the vacancy is in excess of six (6) months
in duration. This position is for the First (1st) District City Council Seat with a term that expires
May 8, 2023.
Staff recommended the following dates, should Council choose to proceed with holding a Special
Election: Date of Election – Tuesday, November 16, 2021; Filing Petitions – Friday,
September 24, 2021 through Monday, November 1, 2021 at 4:30 p.m.; Voter Registration Close –
Saturday, November 6, 2021; and the Oath of Office – Regular Council Meeting of
December 13, 2021.
Staff also recommended using The Elks Lodge #1903, 200 Saulsbury Road, as the polling place
for the Special Election.
Mr. Neil moved for approval of staff’s recommendation, seconded by Mr. Rocha and
unanimously carried.
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED
ORDINANCE #2021-23 - PROPERTY LOCATED AT RAYMOND STREET, RAILROAD
AVENUE, AND GROVE STREET
Staff has requested annexation clarification by amending the zoning ordinance and zoning map of
the City of Dover by including Improved and Unimproved Right-of-Way on property located at
Raymond Street (aka Jason Street), Railroad Avenue, and Grove Street (Right-of-way located
northeast of the intersection of College Road and the Lands of Delmarva Railroad) consisting of
1.6791 acres +/-. Staff recommended that the request be referred to the Utility Committee on
October 26, 2021 and to the Planning Commission on November 15, 2021; and that a public
hearing be set for December 13, 2021 at 6:30 p.m. (Tax Parcel: ED-05-067.00-02-53.00-000 and
ED-05-067.00-02-56.00-000; Planning Reference: AX-21-04)
Mr. Neil moved for referral, as recommended by staff, seconded by Mr. Anderson and
unanimously carried.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 22
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 #2021-23 Amending the Zoning Ordinance and Zoning Map of the City
of Dover by including Property Located at Raymond Street, Railroad Avenue, and
Grove Street
FINAL READING - PROPOSED ORDINANCE #2021-20
The First Reading of the following proposed ordinance was accomplished during the Council
Meeting of September 27, 2021.
Mr. Neil moved that the Final Reading of proposed ordinance #2021-20 be acknowledged by
title only, seconded by Mrs. Arndt and unanimously carried.
By motion of Mr. Neil, seconded by Mr. Taylor and carried by a unanimous roll call vote,
Ordinance #2021-20 was adopted, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation, Article VI – Exemptions; Board of Assessment Appeals, be amended
to read as follows:
Section 102-183 – Tax exemption for disabled property owners and senior citizens.
(a) Authority. This section is adopted to implement 22 Del. C. § 1001 et seq., granting
exemptions from municipal taxation on real property for persons 65 years of age or over.
Compliance must be made with such chapter 10 and this section in order to qualify for such
exemption.
(b) Qualifications for participation.
(1) Totally disabled and able to document said disability by meeting the definition of
“totally disabled” as defined by social security disability or by filing certified copies
of award letters from government agencies indicating that the applicant is totally
disabled regardless of age; or
(2) Sixty-five (65) years of age or older at the beginning of the tax year for which the
application is made.
(3) An individual may only apply for inclusion in this program under one of the two
provisions above.
(c) Program Qualifications. The exemption shall be for real property owners sixty-five (65)
years of age or over unless total disability documentation is provided. If qualified, their
real property shall be exempt from municipal taxation to the extent of the first $50,000.00
of assessed valuation. This exemption shall be subject to the following:
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 23
(1) Owner resides alone. If the income of a property owner who resides alone exceeds
the sum of $18,000.00 (2021) for the income tax year immediately preceding the
date of making an application for the exemption, then the exemption shall not be
granted. The maximum income limit stated in the preceding sentence shall increase
each year by the same percentage as the cost of living adjustment granted to
recipients of Social Security retirement benefits.
(2) Spouses reside together. If the income of a property owner and spouse who reside
together exceeds the sum of $24,750.00 (2021) for the income tax year immediately
preceding the date of making an application for the exemption, then the exemption
shall not be granted. The maximum income limit stated in the preceding sentence
shall increase each year by the same percentage as the cost of living adjustment
granted to recipients of Social Security retirement benefits.
(3) Exclusion from income. In computing income of the property owner in order to
determine entitlement for the deduction, Civil Service Retirement System (CSRS)
benefits up to 150 percent of the Social Security maximum benefit, Social Security
benefits and railroad pensions shall not be considered as income.
(4) Location, use of property. The real property must be located within the limits of the
city and must be used exclusively for residential purposes. The residence may not
be a rental unit.
(5) Residence. The real property must be the legal residence of, and be occupied in
whole or in part, by the property owner for five years immediately preceding the
tax year for which the application is being made.
(6) Owner of record. The property owner must be the owner of record of said real
property as of December 31 of the calendar year immediately preceding the date of
making application for the exemption.
(7) Time when age attained. The property owner must have attained the age of sixty-
five (65) years by March 1 of the year in which the exemption application is filed.
(8) Filing applications. Applications for exemption shall be filed in accordance with
regulations adopted by the city council and for cause shown. The city assessor, city
manager or his/her designee may accept and act upon applications received after
any established application filing date; May 31st.
(9) Refund. The city assessor, city manager or his/her designee is empowered to refund
taxes paid by a qualified applicant who is entitled to an exemption and successfully
files for the same.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 24
(d) Determination of eligibility.
(1) The city assessor, city manager or his/her designee shall be authorized to require
any applicant to submit documentation substantiating income reported for
determination of eligibility for the exemption.
(2) No application shall be approved unless all property taxes and outstanding city
charges have been paid in full by the application submission deadline.
(3) The city assessor, city manager or his/her designee may deny applications where
requested income verification and appropriate documentation is not submitted by
the applicant.
(4) Property owners who qualified for the Senior Citizen or Disability Exemption for
tax year 2021 may continue to qualify for exemptions despite the age qualification
and residency qualifications until which time the property is sold. Property owners
in this category must renew their application annually.
(e) Denial; appeals; termination of eligibility.
(1) Denial of exemptions by the city assessor, city manager or his/her designee and any
other complaints regarding the exemption process may be appealed by the taxpayer
directly to the board of assessment appeals. The board of assessment appeals shall
have the power to affirm, overrule or remand the decision of the city assessor, city
manager or his/her designee.
(2) Termination of eligibility; eligibility under this article shall terminate automatically
when the applicant fails to meet any of the conditions stated herein.
(f) Interest; retroactive exemptions. Qualified disabled property owners and senior citizens
who fail to exercise their property tax exemption application shall not be entitled to any
interest payments on said exemption amount; nor shall unexercised property tax
exemptions be retroactive beyond the current tax year.
(g) Penalties. Penalties assessed to delinquent property tax accounts that are eligible for a
disabled property owners and senior citizen exemption that have not been exercised shall
not be excused.
(h) Council review. City council will review these numbers at the conclusion of each reassessment.
(Code 1981, § 19.5-52; Ord. of 3-12-2001; Ord. of 5-23-2005; Ord. of 4-28-2008(1); Ord. NO.
2010-06, 3-22-2010; Ord. No. 2012, 3-12-2012)
Charter reference(s)—Tax exemptions, subpart B, § 3.
State law reference(s)—Tax exemptions, Del. Const. art. VIII, § 1.
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 25
BE IT FURTHER ORDAINED:
That Chapter 102 - Taxation, Article VI – Exemptions; Board of Assessment Appeals, be amended
to read as follows:
Section 102-184 – Reserved
ADOPTED: OCTOBER 11, 2021
INTERIM CITY MANAGER'S ANNOUNCEMENTS
None.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson encouraged organizations interested in American Rescue Plan Funding through the
City to pay attention to the City website because there would be information regarding a public
meeting for applications and that important information would be emerging. He noted that October
was National Dyslexia Awareness Month and encouraged the public to educate themselves about
dyslexia. Mr. Anderson stated that it was also National Pastors Appreciation Month and thanked
clergy members and other faith leaders. He also thanked members who put on the Faith and Blue
event, honoring the connection between people of faith and public servants.
Mr. Taylor thanked all pastors and noted that it was also Hispanic Heritage Month. He also thanked
the committee that put together the Prayer March that took place on Saturday and Pastor Carol
Harris for putting together Faith and Blue.
Mr. Sudler stated that he was proud of City Council.
Mr. Anderson moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:02 p.m.
JANELLA MAE T. SAPP
INTERIM CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of October 11, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/JMTS/tm
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-MINUTES\2021\10-11-2021 REGULAR COUNCIL - JS.DOCX
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CITY COUNCIL MEETING OF OCTOBER 11, 2021 PAGE 26
Exhibits
Exhibit #1 – 2021 Transportation Prioritization List
Página 27
EXHIBIT #1
Regular City Council Meeting of 10/11/2021
DRAFT September 21, 2021
2021 TRANSPORTATION PROJECT PRIORIZATION LIST
Each year the City of Dover submits a prioritization list of transportation projects to the Secretary of
Transportation and the Dover/Kent County MPO for consideration as part of the State's Capital
Transportation Program considerations. The following is the City's 2021 list. Several new projects were
added to the list reflecting the City's ongoing economic development initiatives and the
recommendations of recent and ongoing studies conducted by the MPO. Data on costs and funding
schedules are as presented in the FY 2021-FY2026 Capital Transportation Program.
1. Garrison Oak Connector Road
A direct connection from the Garrison Oak Business and Technology Center to the SR 1 Interchange at N.
Little Creek Road has been Dover's highest priority transportation project request for several years. The
City is aware of business development opportunities that were not successful due to the existing access
which is not conducive to efficient freight transportation. Access to this 385 acre business center
involves using local roads for the movement of goods and materials and for employee access. In 2019
the list of permissible uses of the GOBTC were expanded to include warehousing, distribution and
logistics support, a rapidly growing cluster in the Central Delaware Region.
A recently completed Dover Air Cargo Freight Access Study (Dover/Kent County MPO, July 2021)
reinforced the potential for significant employment growth in the Garrison Oak - Central Delaware
Aviation Complex portion of the City. For these opportunities to be realized a complete business-to-
business connector serving the area is essential. The Garrison Oak portion is recommended as Phase I of
that program, with an estimated cost of $4.7 million. The study outlined scope, existing conditions,
primary alignments and design, and costs for a multi-phased project (Phases II, III and IV being additions
to the City's priority list - see item 7).
This roadway system is consistent with and supportive of the future growth and development plans set
forth in both the City and County Comprehensive Plans.
2. Saulsbury Road/Route 8 Corridor Plan Improvements (SR8 & SR 15 Intersection)
Previously part of a broader Kenton Road/Route 8 Corridor Program, this project involves improvements
at Route 8 and Route 15, which are already in planning, design, and ROW acquisition. The work involves
improved turn and through lane improvements. The Route 8 Corridor Design Study (2008) also identified
several improvements along the Route 8 Corridor that will improve safety, better manage access, reduce
congestion, and provide improved traffic flow. This project was identified in the 2012 Hazard Elimination
Program. It is funded for construction in FY 2021 and FY 2022 with a budget of $6.1 million.
3. Kenton Road Corridor Upgrades, Kenton Road to Chestnut Grove Road
The companion project to the improvements along Route 8 are upgrades to Kenton Road from Route 8
to Chestnut Grove Road. This project is in planning, design, and ROW acquisition stages and includes full
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roadway development with drainage, shoulders, travel lanes, bike lanes and related improvements. The
Kenton Road Corridor project is focused on improved traffic flow as well as improved pedestrian and
bicycle safety. It is critical to improving the approach to the City from the northwest where new
residential development within and outside the City has occurred. The City has also requested that the
MPO further study the conditions along Route 8 west of Kenton Road to the City's westerly limits.
Planning, engineering, and ROW acquisition are underway with construction scheduled for FY 2026 and
a budget of $28.1 million.
4. College Road - Kenton Road to McKee Road
This project consists of pavement rehabilitation, construction of shoulders and sidewalks on both sides
of College Road, minor intersection and drainage improvements, bike safety improvements, utility
relocations and complete overlaid pavement. This project serves as a critical east-west connector and
addresses transportation needs for all modes and users. It is scheduled for FY 2023 and 2024 for
planning, engineering, and ROW, with construction starting in FY2025, with a budget of $1.7 million.
5. Sidewalks within the Walk Zone of Dover High School
Critical gaps in the sidewalk system near Dover High School remain, including along Mifflin Road and
Route 8 on the south side of the roadway traveling west. This project incorporates recommendations
from the Capital Gateway Study and Senator Bikeway Plan. The City is very concerned about public
safety in this area and urges funding through the statewide safety improvement program at the earliest
convenience.
6. West Street Improvements from North Street to the Transit Center
This project widens West Street to urban collector standards and includes bike lanes and sidewalks
connection to thew Dover Transit Hub. The project was identified by the Dover/Kent County MPO as
part of their pedestrian studies. West Street is an important connection for the DART transit services to
the City. Improvements were made in 2018 with completion of a multi-use path along West Street The
completion of the new Dover Post Office increases the importance of this project. It is budgeted at $1.3
million with planning, engineering, and ROW in FY 2022, FY2023 and FY 2024 and construction beginning
in FY 2025.
7. Business-Business Connector Roads (N. Little Creek Road to Horsepond Road; Horsepond Road,
lafferty lane and Starlifter Drive) - NEW Priority Request
These roads are new priority requests to DelDOT and the Dover/Kent County MPO reflecting the
completion of regional freight movement and air cargo studies by the MPO. These roads are a
continuation of the Garrison Oak Connector project, extending a business focused limited access
connection from the SR1/N. little Creek Road interchange south to S. little creek Road (Phase II);
improvements to Horsepond Road and lafferty Lane to facilitate imminent business development
(Phase III); and an extension of Starlifter Road (Phase IV) to facilitate the development of the East Dover
Employment Center as outlined in City and County Comprehensive Plans. These improvements increase
safety by taking industrial traffic off local streets, improve regional freight access, and support the long
term viability of the East Dover Industrial Center, the Kent County Aeropark and the Central Delaware
Aviation Complex. Preliminary cost estimates for these segments total $13 million, including planning,
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engineering, ROW, and construction. The City urges that initial funding for these improvements be
approved as soon as possible.
S. US 13 Sidewalk Construction
Construction of multi-use paths and sidewalks continues to be a City priority. Construction of sidewalks
is required when properties are developed or redeveloped but significant sections of the sidewalk
system are either missing or in poor condition. This program is ongoing and funded through the state's
sidewalk safety improvement program and included in the FY2022-2028 CTP.
9. Route S/Hazelettville Connector (Commerce Way to SRS)
A north/south connector from Route 8 to Commerce Way in the Enterprise Business Park was identified
in the Route 8 Concept Plan and Operations Study to encourage economic development and provide
traffic circulation options in this heavily traveled corridor. The project proposes a new connector road
with 2 travel lanes, bike lanes and sidewalks or multi-use paths for pedestrians. A preliminary alignment
has been determined as part of development activity on Route 8. It is budgeted at $2.5 million with
planning and engineering in FY2022, ROW in FY2024, and construction beginning in FY2025.
10. Kings HighwaY/White Oak Road and Route 13 Intersection
The intersection of Kings Highway/White Oak Road and US 13 needs improvements to meet acceptable
levels of service (now functioning at LOE liE"). Extensive adjacent commercial development has added
traffic and access burdens to this intersection. Nearby multi-use paths contribute to increased bike and
pedestrian traffic as well. This intersection was identified in the DelDOT Transportation Operations
Management Plan as a congestion hotspot in Kent County .. Recommendations include adding a two-
stage pedestrian crossing system and revising the intersection at White Oak Road and Centre Drive to
provide additional access to US 13. The revised plans for Senator Bikeway include a crossing of US 13 at
this intersection; this enhanced bicycle crossing must be included in planning and engineering of this
project.
11. Banning Street/Clarence Street/Forest Street Connector
The Dover/Kent County MPO is completing a study assessing the construction of a connector from North
Street at the Banning Street signal running along Clarence Street and extending north to Forest Street.
This study is an update to a study of the transportation needs in this area from about 2000. It includes
consideration of flooding, traffic flow, and intersection alignments near Lincoln and Forest Streets. This
new project is included as a placeholder pending completion of the Study and development of
alignments and costs.
12. US 13 Service Roads/Scarborough Road C&O Roads
This project would create a collector and destruction system of service roads parallel to US 13 from
Leipsic Road to Scarborough Road and a set of local access roads to the Dover Mall and adjacent
commercial complex. These roads were recommended as part of the US Route 13 Circulation Sturdy and
the State's Corridor Capacity Preservation Program intended to decrease traffic on the corridor by
providing more use of service roads through the area. It would have included a southbound toll exit and
a privately funded road facilityjo the areas near the Mall. At present only preliminary planning and
engineering funds are proposed in FY 2024 and beyond. Changing economic considerations have stalled
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discussions of the commercial complex adjacent to the Mall and any plans for the privately funded
roadways. For these reasons it has been moved toward the end of the priority listing.
13. Loockerman Street and Forest Avenue Intersection Improvements
This project was requested by the City to help spur redevelopment activities in the Downtown
Development District while improving traffic circulation and safety. It was identified as a needed
improvement through the Restoring Central Dover Study and the Westside Redevelopment Study
conducted in 2001. It is complementary to the Capital Gateway Study and would result in improved
traffic circulation, a more pedestrian friendly zone at the railroad crossing, and create a new gateway
into the Downtown. Work on this project has been deferred due to opposition to the design option
(roundabout). It should be reviewed as part ofthe DDP's proposed Downtown Master Plan activity. It is
not funded at this time.
14. Crawford Carroll Avenue Extension
This project was part of a proposed series of service roads serving the commercial activities on both
sides of USB. As a result of concerns about the feasibility of the project expressed by DelDOT, the
project has been removed from the DelDOT CTP, FY21-26 spending plan. The City encourages continued
consideration of other service road improvement opportunities on both the west and east side of US 13
even if the original design is not achievable.