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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on July 09, 2024, at 6:00 p.m. with Council President
Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr.
Lewis (arrived at 6:15 p.m.), Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler.
Mayor Christiansen was also present. Civilian members present for their Committee meetings
were Mr. Lewis, and Mr. Tholstrup (Parks, Recreation, and Community Enhancement), Mr.
Iriowen, and Mr. Pugh (Utility), and Mr. Garfinkel, and Mr. Shevock (via WebEx) (Legislative,
Finance, and Administration).
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Council Reports – June 2024
First District
Dr. Pillsbury reported that she attended Mr. Boggerty’s Unity Day event, the Fourth of July
activities, and several Chamber of Commerce meetings.
Mr. Rocha had no report to give.
Second District
Mr. Hare reported that he attended Mr. Boggerty’s Unity Day and was able to dance with the
steppers.
Mr. Lewis was absent; no report was given.
Third District
Mr. Neil reported that he attended the Kent County Tourism and Downtown Dover Partnership
meetings. Mr. Neil also rode with Mayor Christiansen in the Fourth of July parade along with
Councilwoman Dr. Pillsbury. Mr. Neil reported that, on behalf of both Councilwoman Arndt and
himself, he sent the Third District Civic and HOA leaders an alert regarding the power failure
caused by a truck hitting a pole near Home Depot. He also included the schedule and predicted
traffic impacts due to the Phish concerts at the Woodlands from August 15, 2024, through August
18, 2024.The attendance is rumored to be in excess of 55,000 people. Mr. Neil also reported that
they sent out an alert on the Recreational Marijuana Survey and received a number of direct
responses. Mr. Neil thanked Sharon Duca, Assistant City Manager for assisting in constituent
concerns regarding recycling lid containers being left open at collection, and a driveway damaged
by a city truck in Wild Meadows. In closing Mr. Neil reported that he responded to an Eastlake
constituent regarding fireworks, concerns about smoking, and noise being made by crowds outside
of an apartment and provided items for an event at the request of the President of the Wild
Meadows Homeowners Association.
Ms. Arndt stated that she had nothing in addition to Mr. Neil’s report.
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COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 09, 2024 PAGE 2
Fourth District
Mr. Sudler reported that he recently attended an event with the Nigerian community, he met with
Gregory Gross, Deputy Clerk of Peace to speak about concerns downtown in regard to loitering,
prostitution, and the perception that the Department of Justice is not prosecuting the low-level
offenses which is having an adverse effect on downtown Dover. Mr. Sudler explained that
Mr. Gross plans to connect him with someone from the Department of Justice, and Ms. Kathy
Jennings. Mr. Sudler stated that he would like to invite the mayor and the Safety, Advisory, and
Transportation Committee chair to the meeting once it is scheduled. Furthermore, Mr. Sudler
reported that he has been working with the church on New Street to address people loitering and
assist them in addressing code enforcement and structural issues with their dwelling to help clean
up New Street, and downtown. Lastly, Mr. Sudler reported that he has continued to volunteer with
Mr. Rocha, Mr. Boggerty, and Mr. Anderson to help maintain the Sunset Memorial Garden on
College Road.
At-Large
Mr. Boggerty reported that his Third Annual Unity Day, which focused on anti-bullying, was
successful. Mr. Boggerty explained that nearly everyone running for or currently holding a state-
level office was present to speak about addressing bullying. Additionally, voter registration and
COVID-19 tests were available among other services. Mr. Boggerty also reported that he obtained
100,000 COVID-19 tests for the city and is working on partnering with agencies to distribute the
tests.
Council President Anderson
Council President Anderson reported that city staff was very responsive in assisting with
overgrowth on city property, which he expressed appreciation for since it affects the quality of life
within the neighborhood, they also filled potholes, and addressed several other concerns.
Mr. Anderson expressed gratitude for the Public Works and Parks and Recreation departments and
their quick responsiveness. Mr. Anderson also expressed appreciation for the City of Dover Police
Department for assisting a 72-year-old handicapped man after the Fourth of July Celebration by
providing him with the resources he needed to get on the right path. Mr. Anderson acknowledged
the General Assembly Finance Committee, noting that the city is set to receive funding for the fire
department, police department, and specific infrastructure projects. Mr. Anderson expressed
appreciation for Ms. Kay Sass and her work getting the Recreational Marijuana Survey out as it
has collected 544 responses so far. Lastly, Mr. Anderson reported that at the Delaware League of
Local Governments (DLLG) meeting, the head of the Delaware Municipal Electric Corporation
(DEMEC) spoke about potential challenges related to maintaining reliable power. Mr. Anderson
explained that the city will likely have to consider a path going forward.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 09, 2024 PAGE 3
Discussion – Update on the Consideration of a Public Space Naming Policy (Tricia K. Arndt,
Chair of Parks, Recreation, and Community Enhancement Committee)
Ms. Tricia Arndt, Chair, reviewed the presentation entitled "Guidelines for Naming Public Spaces”
(Attachment #1).
(Committee Action Not Required)
Responding to Mr. Lewis, Ms. Arndt stated that when she initially started conducting research, she
did not find any municipalities in the state of Delaware that had a policy to reference, nor did the
state code. She further explained that as a result of not finding any information she searched other
municipalities that were similar in comparison to Dover.
Responding to Mr. Lewis, Ms. Arndt stated that she was able to find information that was included
in a prior presentation that she could provide. She also explained that she attended a meeting of
the Silver Lake Commission to get their input on the space naming proposal and she received
positive feedback from them.
Responding to Mr. Lewis, Ms. Arndt clarified that the request was not initiated by the Silver Lake
Commission but rather came about when she received two requests to consider renaming a park.
Upon reviewing the ordinances, she discovered that the city lacks a dedicated process or procedure
for such requests. She further explained that in the past they came before council, it was discussed,
and put to a vote. She stated that she initially presented the proposal to the committee, where it
was suggested to establish an ad hoc committee for further input. Given the Silver Lake
Commission's status as an established committee, she decided to present the information to them,
valuing their input.
Responding to Mr. Lewis, Ms. Arndt stated that there would be a public process, which would
include a public hearing prior to any vote on a name change.
Responding to Mr. Neil, Ms. Arndt asked for input on changing the requirement to having twenty-
five signatures to move the consideration forward.
Responding to Mr. Boggerty, Ms. Arndt stated that in order to move the process forward the
request would have to have the support of the neighborhood and then the request would come
before council for a public hearing. She explained that she chose fifty percent as the requirement
from the street naming procedure, but she is open to a different proposed number.
Mr. Boggerty expressed concerns about the process of naming a park that is not specifically located
in a neighborhood. He recommended that the ordinance include language stating that if the park is
situated in an established neighborhood, the requestor would need the support of that
neighborhood.
Mr. Sudler expressed his support of using fifty percent of the property owners in conjunction with
renters. He explained that having a park naming process will help preserve the historical
knowledge of someone who was once there and provide the community the opportunity to learn
about why that name is so significant.
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COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 09, 2024 PAGE 4
Responding to Mr. Sudler, Ms. Arndt stated that the evaluation criteria was based on her research
and was designated as historical significance, geographic location, contribution to the community,
alignment with community values, public sentiment, and support. The names would have to reflect
the cultural, historical, and natural heritage of Dover to be considered. Any corporate or
commercial names would not generally be considered unless there was a significant and
longstanding contribution to the community. She further explained that in the application process,
it would be on the requestor to put forward the documentation and justification in support of their
proposal so that the members of council and the public could consider their request.
Mr. Sudler recommended including a few examples to help guide the requestor through the
process, he used Mayor Christiansen as an example.
Mayor Christiansen provided the history of Holden Park. He explained that Mr. Holden was a
longtime contractor for the City of Dover, and he built most of the houses in Lincoln Park. Mayor
Christiansen also stated that Schutte Park is named after the family that sold the property to the
City of Dover. He explained that they wanted $2 million for the property however, Councilman
VanSant and himself sat down with the Schutte family and saved the city $500,000 by promising
to name the park after their family.
Mr. Anderson suggested that instead of the two-thirds rule, a majority rule would be more
appropriate, citing that it currently takes two-thirds to override a mayor’s veto, thereby providing
a balanced approach. Additionally, he recommended using a fixed number for the petition
requirement rather than a percentage of property owners. He pointed out that there are many
situations where parks do not directly border neighborhoods or where property owners live out of
state or own multiple properties.
Mr. Rocha expressed support for using a fixed number for the petition rather than fifty percent as
well.
Dr. Pillsbury expressed support for using a fixed number for the petition. She explained that
twenty-five people is a reasonable number to move the request forward and onto an agenda.
Mr. Tholstrup recommended that the language include the requirement for the park to be within a
certain radius of a neighborhood, considering that some parks do not directly border a
neighborhood. He also suggested requiring a plaque that details the history of the person being
honored, ensuring their story is preserved for future generations.
Mr. Lewis expressed his support of the fifty percent requirement for the petition and not excluding
any renters from signing the petition.
Ms. Arndt explained that her intent was never to exclude renters, when she said property owners,
she meant a resident with an address that could be verified.
Mr. Sudler moved to recommend deferring the item back to staff to create an ordinance and
have it brought back to the committee for review. The motion was seconded by Mr. Rocha
and unanimously carried.
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Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting, hearing no objection the meeting adjourned at 6:44 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Dr. Pillsbury moved for adoption of the agenda, seconded by Mr. Rocha and unanimously
carried.
Evaluation of Bids – Well #9 Improvements (Jason Lyon, Director of Water and
Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the
evaluation of bids for Well #9.
Staff recommended awarding the contract to A-Del Construction, for the construction phase of
Well #9 Improvements, ITB #24-0026WW, for $1,699,000.
Responding to Mr. Lewis, Mr. Lyon stated that the well was built in 1976, so it is 48 years old.
Responding to Mr. Lewis, Mr. Lyon stated that he considers this project to be a priority. The
project has been on the books for three years and if the city wants to invite additional development
into the City of Dover, they are going to need water. He explained that the well can not produce
water because it is currently under the floodplain, which does not benefit the city.
Responding to Mr. Lewis, Mr. Lyon stated that he is fortunate to be a part of the Delaware
Consortium for the American Public Works Association, which is composed of folks from all over
the state. He explained that they often talk about vendors sticking to the jobs they want to do. They
have also heard that the State of Delaware currently has some big projects that are getting federal
and state funds which has taken a lot of the vendors. He explained everyone has projects that they
are trying to place a bid out for and there are only so many contractors that can do the proposed
type of work.
Responding to Mr. Neil, Mr. Lyon stated that the project has funding from fiscal year 2024, as
well as fiscal year 2025. The funding from 2024 was $1 million, and then once the bids were
received it was programmed into the budget for fiscal year 2025.
Responding to Mr. Sudler, Mr. Lyon stated that Garrison Oak Technical Park is reaching capacity,
necessitating increased water usage. He also elaborated that his team is making preparations for
marijuana cultivation within the city, alongside plans for shared use of the airport to attract more
businesses, all of which could potentially increase water demand.
Mr. Lyon also mentioned that integrating the wells into the same pressure system allows for
redundancy. In the event of a catastrophic occurrence, such as the loss of a well or prolonged
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power outage, the city could rely on wells across different parts of the system to maintain water
supply for the main distribution system and fire protection needs.
Responding to Mr. Sudler, Mr. Lyon stated that they are all on one pressure system, so a well on
one side of town could potentially provide water on the other side of town.
Janelle Barrett, Dover Country Club, Dover, questioned if assessments were done prior to the bid
being made, and was there an outline as to the method of construction that would be used in the
process. She further questioned if a torque test was done to grade the type of soil necessary and
see if there was a soil stabilization method that could be used to formulate a method of drainage.
She explained that a slope in the land may assist as a runoff mechanism.
Responding to Ms. Barrett, Mr. Lyon stated that they have done soil samples to gauge the soil
stability and what can be put there as far as weight and structure. He also explained that due to the
location of the area and the classification in the flood plain, it is not feasible to do a diversion
because of the topography and the way the stream runs around the house.
Mr. Hare moved to recommend accepting the staff recommendation and the motion was seconded
by Mr. Rocha.
Mr. Sudler expressed concern with the lack of bids from contractors.
Responding to Mr. Lewis, Mr. Lyon stated that the proposed contractor has been used by the State
of Delaware numerous times along with the Town of Smyrna and the Town of Middletown.
Responding to Mr. Lewis, Mr. Lyon explained that the local vendor preference does not mean that
they get paid less money. The local vendor preference is extended through the bidding process to
entice local vendors to work on city projects. For example, if there were two bidders and both bid
a hundred dollars on a project and one happened to be in the City of Dover limits and one was not,
then they would get a three percent reduction in the evaluated price.
Mr. Hare moved to recommend accepting the staff recommendation. The motion was
seconded by Mr. Rocha and unanimously carried.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the
meeting adjourned at 7:03 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
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Evaluation of Bids – Garrison Oak Steel (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director reviewed the background and analysis of the evaluation of
bids for Garrison Oak Steel.
Staff recommended awarding the contract to AUI, Bid #24-0037EL, for the amount of
$162,688.82.
Mr. Sudler moved to recommend accepting the staff recommendation. The motion was
seconded by Mr. Hare and unanimously carried.
Proposed Ordinance #2024-07 – Amending Chapter 80 – Personnel, Article IV – Pension
Plans and Retirement Benefits (Except Police), Division 3. – General Employee Pension Plan
Council President Anderson and Dr. Pillsbury reviewed the background for Proposed Ordinance
#2024-07.
General Employee Pension Plan Board recommended approval of Proposed Ordinance #2024-07.
Mr. Neil moved to recommend approval of Proposed Ordinance #2024-07. The motion was
seconded by Mr. Boggerty.
Responding to Mr. Sudler, Mr. Anderson stated that the board has been a part of the process, and
they unanimously adopted the ordinance after a thorough review of each change.
Dr. Pillsbury stated that the ordinance had not been updated in a long time and that the General
Employee Pension Plan Board reviewed it line by line even after seeking a legal opinion about
concerns raised. She recommended that if any other city documents are that old and out of date
they need to be reviewed before they become a liability.
Mr. Neil moved to recommend approval of Proposed Ordinance #2024-07. The motion was
seconded by Mr. Boggerty and unanimously carried.
Discussion – Possible Moratorium on Recreational Marijuana Land Uses While Considering
Zoning Regulations to Address Such Uses (David S. Hugg, III, City Manager, and Ann Marie
Townshend, Rossi Group)
Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group, reviewed the
proposed moratorium on recreational marijuana land uses.
Staff recommended forwarding Resolution No. 2024-11 to city council with a recommendation of
approval.
Responding to Mr. Neil, Ms. Townshend stated that it is doubtful for the city to be shut out of the
program. She explained that businesses can begin applying for licenses for cultivation on the first
of September and the first licenses will be issued on the first of November. After the initial issuance
of permits, they will be staggered, and they will only be for cultivation as it is the most important
to get out because there is no product without them. Ms. Townshend further explained that when
the licenses are initially issued, they are not location-dependent. However, the license holders have
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18 months to secure a location after the license has been issued. She explained that they are hoping
to move forward by November, but the moratorium gives them the ability to take the extra time so
that if licenses are issued and license holders are looking for locations, the city’s procedure is not
unclear.
Responding to Mr. Sudler, Ms. Townshend stated that the survey was pushed out through a
Facebook post, and it contains a web link so that you do not need Facebook to access it. She also
explained that the survey data is being collected through the electronic platform Constant Contact.
Responding to Mr. Sudler, Ms. Townshend mentioned that she would discuss with Kay Sass to
ensure that paper copies of the survey are made available.
Responding to Mr. Sudler, Ms. Marney mentioned that including a paper copy with utility billing
before July 21, 2024, would be extremely challenging. She explained that sending out a newsletter
costs around $2,000-$3,000, not including postage, which is why they use Constant Contact.
Mr. Sudler recommended moving the survey deadline to August to fully capture the voice of the
constituents.
Responding to Mr. Sudler, Ms. Townshend stated that Constant Contact is the platform being used
to collect the data.
Responding to Mr. Sudler, Ms. Townshend stated that, to the best of her knowledge, Kay Sass will
be the only one with access to the platform. She also explained that the Constant Contact platform
will collect, analyze, and provide reports on the data.
Mr. Sudler recommended using SurveyMonkey because it outputs reports as PDFs, which prevents
manipulation of the data.
Responding to Mr. Sudler, Ms. Townshend stated that they should be able to separate the data by
council districts. She further explained that about twenty-nine percent of people who have
completed the survey so far have stated that they do not live in the city.
Responding to Mr. Sudler, Ms. Townshend explained that they included districts in the survey so
that elected officials could understand the views of their constituents.
Mr. Boggerty asked whether the state has considered offering leniency, dropping charges, or
releasing individuals with past marijuana offenses from incarceration.
Responding to Mr. Boggerty, Ms. Townshend stated that she had not seen anything, but she could
research the topic.
Responding to Mr. Lewis, Ms. Townshend stated that she was not aware of any protections on the
survey to prevent multiple submissions, but she would check with Ms. Sass. She explained that
some platforms prevent multiple submissions from the same IP address and that she would find
out if this applies.
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Responding to Mr. Lewis, Ms. Townshend clarified that implementing the moratorium would not
prevent someone from applying for a license, as they do not need an approved location at the time
of application. She explained that they are still hopeful to complete everything by November, but
it is important for applicants to understand that their license will be on hold until the location issues
are resolved.
Responding to Mr. Lewis, Ms. Townshend stated that applicants have 18 months from the time
their license is issued to find a location. She added that the moratorium is set to expire at the end
of the year, so the issues would need to be resolved before then, ensuring that applicants are not
significantly delayed within their 18-month period.
Mayor Christiansen expressed support for moving the survey period to the end of August to allow
everyone the opportunity to participate. He explained that the moratorium is fitting as it does not
hinder anyone while allowing the city to work within the confines to resolve the issue promptly.
He further explained that council should consider incorporating public opinion and research while
not inhibiting anyone from having the opportunity to apply for a license, whether it is for the city
or someplace else.
Mr. Sudler moved to recommend accepting the staff recommendation, extending the survey
closing date to August 31, 2024, and having an update brought back to a Legislative, Finance, and
Administration meeting. The motion was seconded by Ms. Arndt.
Mr. Anderson expressed support for extending the survey. However, he did not recommend
extending it beyond the date of the Special Legislative, Finance, and Administration Committee
meeting that was scheduled to be held on August 5, 2024.
Mr. Anderson requested that the petitions from Puffster be added to the record (Attachment #2
and Attachment #3).
Responding to Mr. Hare, Mr. Rocha stated that in the special meeting to be held on August 5,
2024, Mr. Hugg and Ms. Townshend will provide an update on the consensus at the time. The goal
of the meeting will be to put the wheels in motion and know where council is standing at that point
but continue to gather survey information through the end of the month.
Ms. Arndt recommended extending the survey deadline to July 31 or August 1 to allow sufficient
time to analyze the data before the August 5, 2024, meeting.
Ms. Marney stated that if council would like to send the survey out in the utility bills, customer
service would need to have 25,000 copies by July 15, 2024. To better reach all of the customers
the survey would need to be included with the July 15, 2024, and August 15, 2024, utility bills.
She also recommended including a note that all responses must be received either by mail, dropped
at city offices, or responded to online by August 31, 2024.
Cynthia Christiansen, 714 Carol Street, Dover, expressed her opposition to allowing retail
marijuana stores downtown. She also explained that it was mentioned that a water survey was sent
out via the electric bill, but she did not receive it nor did friends in south Dover and west Dover.
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Ms. Christiansen expressed her support for the moratorium and explained that city staff and the
Rossi Group should not be collecting and analyzing the data. She questioned if all the addresses
on the petition that was submitted had been checked for accuracy and explained that she was
unaware petitions could be submitted.
Mr. Sudler stated that he agreed with Ms. Christiansen and that a third party that is not linked to
the city should oversee the collection and distribution of the data of the survey. This would make
sure that the process could withstand public scrutiny and bring validity to the findings.
Ms. Arndt stated that she disagreed with the thought of a third party because the city has hired a
neutral consultant, who does not take one position or another. The consultant is to guide council
through the process. She further stated that a professional planner has an ethics component that
they must adhere to as a part of their professional certification. She explained that the Rossi Group
can analyze the survey data as they have been hired to do.
Mr. Anderson stated that he agreed with Ms. Arndt and recommended that the data be preserved
once it has been collected, analyzed, and compiled so that anyone from the public could review it.
Joan Denney, 350 N. State Street, Dover, expressed her support for the moratorium. She explained
that she opposes the retail sale of marijuana but feels differently about medical marijuana. She
feels that anyone with a prescription should have access to medical marijuana. Ms. Denney also
explained that many senior citizens do not have computer access and she believes taking paper
surveys to the Modern Maturity Center would be a great benefit. She also explained that she pays
her utility bill online, so when the paper copy arrives, she often files it away without opening it.
She suggested that this might be something to consider. Ms. Denney stated that the National
Institute of Health has a section called the National Institute of Drug Abuse and she recommends
that everyone take time to look up their most recent meeting regarding marijuana.
Faye White, 101 Babb Drive, Dover, explained that at Luther Village and Luther Towers marijuana
and all drugs are prohibited, especially marijuana. She explained that they are prohibited from
medical marijuana on the premises and could lose their homes.
Mr. Lewis explained that he was willing to bring the surveys to gain their opinion if they felt that
the city should or should not allow the retail sale of marijuana.
Michael Pugh, 31 Ann Avenue, Dover, questioned if customer service would be able to prepare
all the documents by July 15, 2024, or if there would be logistical problems getting that completed.
After Mr. Hugg confirmed that the surveys would be able to go out, he also suggested that it be
included on the city website. Mr. Pugh stated that council needs to consider putting copies of the
survey at places such as Delaware Technical Community College, Delaware State University, and
the Central Delaware Chamber of Commerce. He explained that certain groups of people tend to
lean in specific directions, so it would be wise to include those locations.
Scott Kidner, 3 Shinnecock Road, Dover, expressed support for the moratorium. Mr. Kidner stated
that council is faced with the tough decision of whether they will allow the establishment of various
aspects of recreational marijuana within city limits. He explained that council has been very
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supportive of the Downtown Dover Partnership and the vision for the downtown Dover district.
Mr. Kidner stated that he does not believe that allowing the recreational sales distribution
downtown aligns with that vision.
Taylor Collins, 202 North American Avenue, Dover, expressed opposition to the moratorium. She
further stated that the latest issue of AARP reported that marijuana sales generated $27 billion in
income in 2022. Ms. Collins reviewed a conversation between her and Nicole Chick, owner of
Puffsters (Attachment #4).
Nicole Chick, 510 Kirkwood Highway, Wilmington, Delaware, expressed opposition to the
moratorium. Ms. Chick stated that she feels that the survey is important to collect feedback from
the city however, she does not feel it is right for her business to be impacted by the time it takes to
collect the data. She reviewed the petitions she submitted in support of her business (Attachment
#2 and Attachment #3). Ms. Chick requested council consider giving her business a grandfathered
exception so that she may transition her business.
Ms. Chick read a letter from the Downtown Dover Partnership relaying their stance on the
legalization of marijuana retail sales or related issues in downtown Dover (Attachment #5).
Responding to Mr. Sudler, Mr. Hugg stated the city does not directly receive any of the proceeds
from the sale of marijuana beyond a business license. He explained that manufacturing or
cultivation could generate considerable revenue from both water and electric consumption.
However, the city does not directly collect any revenue outside of the standard business license
fees.
Responding to Mr. Lewis, Mr. Hugg stated that if someone bought a building, they would have to
pay a transfer tax, property tax, and any other retail business fees but there would be no additional
revenue outside of those.
Responding to Mr. Lewis, Mr. Hugg stated that the distribution of proceeds was set forth in the
state law. He explained that the state law states that the state gets the revenue and there is no
revenue sharing. He stated that the General Assembly could potentially decide to share a portion
of the proceeds, but to the best of his knowledge, there have been no discussions on that possibility.
Responding to Mr. Neil, Mr. Hugg stated that his opinion about marijuana is irrelevant, and the
city needs to address the provisions of the state law that allow municipalities to adopt regulations
relating to marijuana activities in terms of where they are located or how they operate.
Amber Ember, 115 West Loockerman Street, Dover, expressed opposition to the moratorium. Ms.
Ember stated that allowing Puffster to expand its business would provide a legal dispensary for
safe marijuana. She explained that she found out that her friend, father, and downtown Dover
employee Jose Colombo passed away over the weekend from a fentanyl overdose. Ms. Ember
asked council to prevent these deaths by allowing downtown Dover access to safer marijuana.
Ethan Whitsett, 226 Chenault Court, Dover, expressed his support for Puffster and his interest in
becoming a cannabis cultivator.
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Jeannie Anderson, 217 Cecil Street, Dover, expressed support for the sale of retail marijuana. She
stated that people are turning to the streets to obtain pain medication and they are continuing to
die from fentanyl.
Mr. Sudler moved to recommend accepting the staff recommendation, extending the survey
closing date to August 31, 2024, and having an update brought back to a Legislative, Finance,
and Administration meeting. The motion was seconded by Ms. Arndt and carried with Mr.
Anderson voting no, and Mr. Lewis abstaining.
Mr. Sudler moved to have a hard copy of the survey placed in with the electric bills and have
the city manager provide council with a memo on the logistics of doing so. The motion was
seconded by Mr. Hare and carried with Mr. Anderson, Ms. Arndt, and Mr. Shevock, voting
no.
Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 9:06 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting,
hearing no objection the meeting adjourned at 9:06 p.m.
David L. Anderson
Council President
Attachments
Attachment #1 - Presentation entitled " Guidelines for Naming Public Spaces”
Attachment #2 - Puffster Retail Marijuana Petition
Attachment #3 - Puffster Retail Marijuana Petition
Attachment #4 - Correspondence from Ms. Taylor Collins
Attachment #5 - Correspondence from the Downtown Dover Partnership
Página 13
ATTACHMENT #1
Council Committee of the Whole Meeting of 7/9/2024
Guidelines for
Naming Public
Spaces
City Council Policy Overview
Página 14
General Guidelines
• City Council wishes to:
Deliberate the naming of streets, parks,
and public places.
Ensure a fair, consistent, and efficient
process.
Respect the need for public consultation
and legislative approval.
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Intent of the Policy
• The policy aims to:
Guide the naming of city-owned
property.
Ensure names are suitable, historical,
and culturally reflective.
Consider renaming only in exceptional
circumstances.
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Naming Considerations
• Considerations include:
No automatic naming rights for private
donors.
Preservation of historical or commonly
used names.
City may deviate from policy if in the
best interest.
Página 17
Application Process
• To propose a name, submit an application
with:
Proposed name and justification.
Background information and
endorsements.
Signed petition from 50% of nearby
property owners.
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Evaluation Criteria
• City Council will consider:
Historical significance and geographic
location.
Contribution to the community and
alignment with values.
Public sentiment and support.
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Approval Process
• Final steps include:
Public comment opportunity.
City Council decision by 2/3 majority
vote.
City Manager coordinates signage
installation.
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ATTACHMENT #2
Council Committee of the Whole Meeting of 7/9/2024
Walls, Ashley A
From: Puffster Inc. <info@puffster.com>
Sent: Monday, July 8, 2024 4:08 PM
To: Anderson, David
Cc: City Clerks Office
Subject: EXTERNAL: Puffster Retail Marijuana Petitions
Attachments: IMG_3568.jpeg; IMG_3569.jpeg; IMG_3570.jpeg; IMG_3571.jpeg; IMG_3572.jpeg; IMG_
3573.jpeg; IMG_3574.jpeg; IMG_3575.jpeg; IMG_3576.jpeg; IMG_3577.jpeg; IMG_
3578.jpeg; IMG_3579.jpeg
Some people who received this message don't often get email from info@puffster.com. Learn why this is important
WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear David Anderson and To Whom It May Concern:
Attached are 3 separate petitions in support of my downtown Dover business not being barred from
obtaining marijuana licensing.
One has been signed by all residents within a 250-foot radius of our location. One has been signed by
nearly all downtown Dover businesses with a couple exceptions like Todd Stonesifer’s realty business
because he is the president of Downtown Dover Partnership which is supposed to be non-political.
These exceptions made it very clear they also will not at all object to anything marijuana related. A third
petition has been signed by 250+ residents of Dover who live in a 5-mile radius of our store. A fourth
petition, not attached (sending separately tonight), has been circulated in our store for the past week or
so and includes information indicating where our customers (located in any city) also shop downtown
specifically because we get customers from up to an hour away who eat and shop at nearby businesses
simply because of the fact that they already came into town for us.
I have attached these documents to illustrate the massive amount of support we have in the city and how
we’ve assisted in helping other downtown stores stay in business over the last 7 years we’ve been here.
Furthermore, I had an interview with WBOC today and discussed the hemp that we currently sell,
pointing out that our CBD hemp flower looks and smells nearly identical to marijuana but there are no
odors in our boutique-like store. Our flower is packaged in heat-sealed bags with zero odor, and the HB2
marijuana laws are very strict and require child-safe packaging. We will comply with all laws should be
be chosen for a license, as we always have, and with the help of Councilman David Anderson I am
proposing a compromise of grandfathering in businesses like mine who have been established and
proven successful with the aim of preventing further empty storefronts in the area and allowing a safe,
regulated place to shop at downtown.
Best,
Nicole Chick
Puffster
Owner
1
Página 21
--
Puffster
115 W Loockerman St.
Dover, DE 19904
www.puffster.com
2
Página 34
ATTACHMENT #3
Council Committee of the Whole Meeting of 7/9/2024
Walls, Ashley A
From: Puffster Inc. <info@puffster.com>
Sent: Tuesday, July 9, 2024 12:00 AM
To: Anderson, David
Cc: City Clerks Office
Subject: EXTERNAL: Re: Puffster Retail Marijuana Petitions
Attachments: 449146384_795208122728328_8351950231452684627_n.jpg; 449452350_
1039807937561055_6498849984332521894_n.jpg; 449441364_1016704446494373_
255486964901979204_n.jpg; 449458805_1638100273679297_7554370923056510413
_n.jpg; 449344258_886468893309387_8211394723300655554_n.jpg; 449485029_
482116441064755_9214339879576279313_n.jpg; 449444007_2106346279750468_
662856816456279289_n.jpg; 449044269_3283585971949451_6774238066403903213
_n.jpg; 449307861_2033559943743809_5400008474250119460_n.jpg; 449151526_
3002387599900832_1068359918893042744_n.jpg; 449049072_991860018922688_
5038375614774294972_n.jpg; 450149191_487476710424731_4278466283072820318
_n.jpg
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WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Attached is the fourth petition. It demonstrates the significant amount of business our customers give
other downtown Dover businesses specifically because they come to Puffster already. Although this
petition was run for a very short amount of time, I think it demonstrates the vast amount of business that
our neighbors would lose if Puffster was no longer in downtown Dover.
A huge part of our business is selling hemp products, not just smoking equipment. A significant number
of our customers buy hemp products from us because they are relaxing, high-quality, and they have no
access to marijuana. Once they inevitably have access to marijuana, there will be a vastly reduced
demand for our hemp products. This could put us out of business, which in turn could have a snowball
effect putting other unrelated businesses out of business.
We are all aiming to keep good businesses in downtown Dover, not increase the amount of empty
storefronts. The possible mindset that Puffster brings "bad apples" to downtown is simply false and so is
the mindset that us wanting to be licensed for marijuana would be bad for the city. We have strictly
enforced policies banning troublemakers from re-entering our business despite the income they would
generate out of pure principle, we have regularly monitored video surveillance with audio, and simply put
the problems that exist in downtown Dover do NOT lie with our business and we do not deserve to be
arbitrarily denied the freedom to conduct legal business based on the worries of a minority of the city's
population who likely haven't tried hemp products before, are likely not properly educated on their
benefits (please see this article on how our bodies naturally produce endocannabinoids which cause a
"runner's high" like cannabis https://sc.edu/uofsc/posts/2023/02/conversation_marijuana.php -- this is
just a plant that has never killed anyone and has SO many positive benefits in comparison especially to
alcohol that is a toxic poison), and have never entered my establishment to see the positive vibes and
lab-tested healing products we bring to the area with wonderful, educated staff.
Thank you for your time.
1
Página 35
Best,
Nicole Chick
302-222-3220
On Monday, July 8, 2024, Puffster Inc. <info@puffster.com> wrote:
Dear David Anderson and To Whom It May Concern:
Attached are 3 separate petitions in support of my downtown Dover business not being barred from
obtaining marijuana licensing.
One has been signed by all residents within a 250-foot radius of our location. One has been signed by
nearly all downtown Dover businesses with a couple exceptions like Todd Stonesifer’s realty business
because he is the president of Downtown Dover Partnership which is supposed to be non-political.
These exceptions made it very clear they also will not at all object to anything marijuana related. A third
petition has been signed by 250+ residents of Dover who live in a 5-mile radius of our store. A fourth
petition, not attached (sending separately tonight), has been circulated in our store for the past week or
so and includes information indicating where our customers (located in any city) also shop downtown
specifically because we get customers from up to an hour away who eat and shop at nearby businesses
simply because of the fact that they already came into town for us.
I have attached these documents to illustrate the massive amount of support we have in the city and
how we’ve assisted in helping other downtown stores stay in business over the last 7 years we’ve been
here.
Furthermore, I had an interview with WBOC today and discussed the hemp that we currently sell,
pointing out that our CBD hemp flower looks and smells nearly identical to marijuana but there are no
odors in our boutique-like store. Our flower is packaged in heat-sealed bags with zero odor, and the HB2
marijuana laws are very strict and require child-safe packaging. We will comply with all laws should be
be chosen for a license, as we always have, and with the help of Councilman David Anderson I am
proposing a compromise of grandfathering in businesses like mine who have been established and
proven successful with the aim of preventing further empty storefronts in the area and allowing a safe,
regulated place to shop at downtown.
Best,
Nicole Chick
Puffster
Owner
--
Puffster
115 W Loockerman St.
Dover, DE 19904
www.puffster.com
2
Página 48
ATTACHMENT #4
Council Committee of the Whole Meeting of 7/9/2024
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Hi! This is Nicole Chick, owner of Puffster in downtown Dover. TOMORROW Tuesday July 9
at 6pm at City Hall 15 Loockerman Plaza you are needed! ~
Agenda item #3 is a moratorium that would delay legal marijuana in Dover. I've been
informed by Councilman Brian Lewis that a good turnout at this meeting WILL make a huge
impact. This agenda item will likely take place at 7pm or after, so if you can't make it right at
6pm, no worries. If you can only be there virtually, I can get you that info.
Your support in Puffster's efforts to have a marijuana store in downtown Dover is super
appreciated already - your in-person presence would mean the world to me and I will return
you the favor if ever needed! We must stick together to fight unjustices preventing us from
conducting legal business f!z>
This is my personal cell - please feel free to call or text with questions. HOP~~I!I!W~[J)
there!
Taylor Collins: Are they going to allow public input?
JUL 092024
Nicole Chick: Yes! ~ When the agenda #3 comes up they'll give everyoRlflfe t:U3naa::tor CLERK.
speak on the issue for up to 3 minutes
Taylor Collins: Just a couple of questions. Do you ever have any issues like Mike's pub
does with the fighting and shootings? And do you have panhandlers hanging around like
the liquor store on the corner seems to always have. Do you have age limit on who can
enter your store? Will ou carry gummies and weed both?
Nicole Chick: We've never had any fights or shootings in all 7 years of doing business.
We don't have anyone hanging around because we have a strict no loitering policy -
nobody across the board panhandlers or otherwise are allowed to even sit on the edge
of the planter bed out front specifically to avoid the possibility of issues. Anyone
lingering is told to move along or we call the police. We have a policy of no disrespect
tolerated - I will not subject my staff to any type of harassment, we ban those
customers, keep a banned list, and call Dover PO if they ever try to return. Yes we have
to be age restricted by law. Yes we will likely carry gummies - I can't say 100% because
we'd only be allowed by law to carry what Delaware growers grow and manufacture,
but I would like to provide edible options if possible. Marijuana can have more of a
body relaxation to it when consumed via an edible which is helpful for pain relief.
Taylor Collins: Great to know. Most everyone I know uses gummies more at this point but I
think it makes them loopier or something. At concerts regular weed seems to still be the
main thing of choice as that distinctive smell. Did you come to partnership meeting they
had with the police chief and the attorney general about a month ago? I'm thinking you
Página 49
didn't because I brought up the calling the police issue and don't think anyone else did. The
streets answer seemed to be get another cam corder and tell each other every single
detail. I also brought up about the vacancy issue leaving less business owners to shoo
away pesty loiters and panhandlers.
'cole Chick Sometimes people don't understand there are varying strengths .
edibles and just go by the serving size listed on the package or just take a couple
pieces not realizing there is a strength. That's where having knowledgeable staff is
helpful so people don't accidentally take too much; while Ws impossible to overdose,
it can certainly make you not as functional!
I didn't know about the meeting. Yes having a good camera system is important for sure!
Ours has video and audio. And es our business brings customers from up to an hour awa
ecause of our quality/customer service and a lot of those
outique-li , ur customers are not the bad apples - smoking weed makes people
.....___,,~=re1:ax1err.~ao04esn't
make them act out like and harm people like heroin or alcohoL.!
I am so glad to hear you've been speaking out! rm
Taylor Collins :The city has been run by the good old boy system for eons .... The fines that
are established to force building owners to keep buildings rented or face fines are waived.
They keep letting Mike's stay open and it should have been shuttered permanently as he
cannot control the customers and staff is not trained to handle Situations at all. The street
closures are upcoming also which will really hurt so be sure to bring up free parking at
Dover newsstand lots during construction. You might want to check with Highway
department as it's state funding I think.
Nicole Chick. I appreciate the heads up, I didn't know that!
Taylor Collins :Communication is pitiful. The Highway meeting needed to know where you
get deliveries and stuff like that. Pretty much chaos at partnership I think but don't know
exact details. City had a major hearing violation on tearing down the historic structures on
Bradford and appeal was filed that cost $300 for Friends of Old Dover. We should have a
business association structure to protect our rights but no one is open long enough
anymore to give it a structure. Good luck tomorrow. I'll definitely be there.
Nicole Chick Thank you so much for your support! It really means a lot.
Página 50
ATTACHMENT #5
Council Committee of the Whole Meeting of 7/9/2024
Downtown Dover Partnership
Main Street Dover
101 W. Loockerman Street, Ste 2B
Dover, DE 19904
(302)678-2940
July 9, 2024
Mayor & Members of Dover City Council
Dover City Hall
15 Loockerman Plaza
Dover, DE 19901
Dear Mayor Christensen and Members of Dover City Council,
On behalf of the Downtown Dover Partnership (DDP) Board of Directors, we wish to inform you that the
DDP does not advocate for or against (in other words, takes no position regarding) the legalization of
marijuana retail sales or related issues in downtown Dover.
CC: DDP Board members