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REGULAR COUNCIL MEETING
AGENDA
MAY 22, 2017 - 7:30 P.M.
REVISED BY ADDING A NEW ITEM #4 - 2016 ANNUAL REPORT - DOWNTOWN DOVER PARTNERSHIP
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 30 MINUTES PRIOR TO OFFICIAL MEETING (7:00 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANDERSON
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) 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.
* 1. ADOPTION OF MINUTES
A. SPECIAL COUNCIL MEETING OF MAY 4, 2017
B. ANNUAL COUNCIL MEETING OF MAY 8, 2017
2. CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL SPEECH AND DEBATE TEAM
3. PROCLAMATIONS
A. COMMUNITY ACTION MONTH
B. PUBLIC WORKS WEEK
4. 2016 ANNUAL REPORT - DOWNTOWN DOVER PARTNERSHIP
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COUNCIL AGENDA - MAY 22, 2017 PAGE 2
* 5. BOARD OF ASSESSMENT APPEALS EXEMPTION AUDIT REPORT
A. APRIL 26, 2017 EXEMPTION AUDIT HEARINGS
(1) DELAWARE STATE UNIVERSITY FOUNDATION INC AND WESLEY COLLEGE INC -
226 SOUTH STATE STREET
(BOARD RECOMMENDED APPROVAL OF REQUEST FOR EXEMPTION)
(2) CHILDRENS CHOICE PROPERTY TWO - 707 WALKER ROAD
(BOARD RECOMMENDED APPROVAL OF REQUEST FOR EXEMPTION)
(3) CALVARY BAPTIST CHURCH - 2285 FORREST AVENUE
(BOARD RECOMMENDED APPROVAL FOR EXEMPTION)
(4) KENT COUNTY THEATRE GUILD FOUNDATION - 140 ROOSEVELT AVENUE
(BOARD RECOMMENDED APPROVAL FOR EXEMPTION)
(5) UNION MISSIONARY BAPTIST CHURCH - LAND - FOREST STREET
(BOARD RECOMMENDED APPROVAL FOR EXEMPTION)
(6) MOMS HOUSE INC OF DOVER - 864 SOUTH STATE STREET
(BOARD RECOMMENDED APPROVAL FOR EXEMPTION)
(7) DELAWARE GUIDANCE SERVICES - 103 MONT BLANC BOULEVARD
(BOARD RECOMMENDED APPROVAL FOR EXEMPTION)
(8) MOUNT ZION AME CHURCH
(BOARD RECOMMENDED APPROVAL FOR EXEMPTION WITH CONSIDERATIONS,
DETAILED IN MINUTES)
(A) 108 NORTH QUEEN STREET
(B) 106 NORTH NEW STREET
(C) 106 NORTH QUEEN STREET
(D) 104 NORTH QUEEN STREET
(E) 102 NORTH NEW STREET
(F) 118 NORTH NEW STREET (122-124 NORTH NEW STREET, PER CHURCH
RECORDS)
(G) 118 NORTH NEW STREET (118-120 NORTH NEW STREET, PER CHURCH
RECORDS)
(H) 35 NORTH QUEEN STREET
(I) 37 NORTH QUEEN STREET
B. EXEMPTION AUDIT SUMMARY
(BOARD RECOMMENDED THAT THE EXEMPTION AUDIT PROJECT AND ALL
RECOMMENDATIONS FROM THE BOARD BE APPROVED)
* 6. SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
(DEFERRED DURING THE REGULAR COUNCIL MEETING OF APRIL 24, 2017) (STAFF
RECOMMENDS ACCEPTANCE OF THE REPORT)
7. SET PUBLIC HEARING - ELECTRIC FUND BUDGET (RECOMMENDED THAT A PUBLIC HEARING
BE SET FOR JUNE 12, 2017 AT 7:30 P.M.)
8. COMCAST FRANCHISE RENEWAL
(STAFF RECOMMENDS RENEWAL OF THE 10-YEAR CONTRACT)
9. 2017 SPECIAL FIRST (1ST) DISTRICT MUNICIPAL ELECTION RESULTS
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COUNCIL AGENDA - MAY 22, 2017 PAGE 3
* 10. APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT SLAVIN
A. CITY CHAPLAINS (ANNUAL APPOINTMENT EXPIRES JUNE 11, 2018)
(1) BISHOP THOMAS L. HOLSEY OF BIBLEWAY TEMPLE CHURCH OF GOD IN CHRIST
(2) CHAPLAIN WALLACE DIXON OF BIBLEWAY TEMPLE CHURCH OF GOD IN CHRIST
B. CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS
(1) COUNCILMAN DAVID L. ANDERSON
(2) COUNCILMAN BRIAN E. LEWIS
(3) COUNCILMAN FRED A. NEIL
11. FINAL READING - PROPOSED ORDINANCE #2017-06
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL
MEETING OF MAY 8, 2017. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL
CHAMBERS OR ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT.”
PROPOSED ORDINANCE #2017-06 AMENDING CHAPTER 70 - OFFENSES AND
MISCELLANEOUS PROVISIONS, SECTION 70-2 - WEAPONS GENERALLY
12. ACTING CITY MANAGER’S ANNOUNCEMENTS
13. COUNCIL MEMBERS’ ANNOUNCEMENTS
14. ADJOURNMENT
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EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL
IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN
ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY
WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE
PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF
"PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH
DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL
EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on May 4, 2017 at 5:30 p.m. with Council President Slavin
presiding. Members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole,
Mr. Hare, and Mr. Hutchison. Mayor Christiansen was also present.
Council staff members present were Mrs. Mitchell and Mrs. McDowell.
ADOPTION OF AGENDA
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
SELECTION OF CHIEF OF POLICE
Mayor Christiansen informed members that, over the last few weeks, members of the Police Chief
Selection Committee had worked with due diligence, honesty and integrity in an effort to find the
best candidate to be the thirteenth Police Chief of the City of Dover. He indicated there had been
34 candidates from across the country, noting that one (1) candidate filed after the deadline;
therefore, the Committee was not allowed to accept that application. Mayor Christiansen stated that
members triaged the applications and came up with seven (7) applicants to interview. He advised
that one (1) applicant chose not to be interviewed; therefore, they worked with six (6) highly
qualified candidates who Mayor Christiansen stated would have performed the job of Chief of Police
for the City of Dover with fidelity and great expertise.
Mayor Christiansen informed members that, as a result of a majority vote of the members of the
Committee, Deputy Chief Marvin Charles Mailey was nominated as the next Police Chief for the
City of Dover. He stated that the position would have the standard City of Dover benefits and the
salary would be $118,352.
Mr. Hutchison moved to support the Mayor and the Police Chief Selection Committee and appoint
Deputy Chief Marvin Mailey as Chief of the Dover City Police Department. The motion was
seconded by Mr. Hare.
Mr. Sudler thanked the Mayor and members of the Police Chief Selection Committee, stating that
this was a challenging task for everyone. He advised that he believed in his heart, and also believed
for his district, that this was the best candidate, noting that he did not know the other candidates.
He asked for God to bless the City of Dover.
Mr. Lewis also thanked the Committee for their due diligence in selecting the appropriate candidate
and commended them for their effort and time, stating that this was historic for the City.
Mr. Anderson stated that he would be happy to cast his vote to support the recommendation because
the candidate selected was highly qualified, had risen through the ranks, had experience with every
major department within the City Police Department, and had excessive experience in the anti-drug
unit, which is an important issue in the City today. He advised that no one is more qualified to deal
with the issues facing our community than the soon-to-be Chief and that this was a wise decision.
Mr. Anderson expressed his belief that Deputy Chief Mailey will continue the progress that has been
made. He noted that the City’s crime rate had been declining and stated his belief that Deputy Chief
Mailey will continue that trend and the City will be safer with appropriate measures in community
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SPECIAL COUNCIL MEETING OF MAY 4, 2017 PAGE 2
policing, continued support of the Police Athletic League (PAL), and a new commitment to the cadet
corps.
Mr. Neil stated that it was urgent for the public to understand that this was not a selection of political
expediency but was done according to the resolutions and procedures that had been set up
previously. He indicated that the City was blessed to have Councilman Hutchison, who formerly
served as Police Chief, to lead this effort from a professional standpoint. Mr. Neil advised that he
expected that the Police Chief would embrace the entire community, as Deputy Chief Mailey had
shown previously. He noted that the Committee had made a purely professional decision and that
he would commend Deputy Chief Mailey.
Mr. Hare stated that he was not sure that he would consider the decision historic, stating that
interviews were conducted and, in his opinion, the most qualified professional for the position was
picked. He indicated that Deputy Chief Mailey’s record spoke for itself, he had the respect of the
employees at the Police Department, and the Committee had made a great choice based on
Deputy Chief Mailey’s qualifications, performance, and history with the Police Department.
Mr. Hare advised that he supported the choice110%.
Mr. Hutchison informed members that he had lived in the City for a lifetime and had been part of
or close to the Police Department for the last 50 years, noting that he had started his police career
in 1967 at the age of 24. He advised that he had worked with the Department for a total of 25 years,
had the privilege and honor of serving as Police Chief for five (5) years, and had also served as
Mayor for 10 years. Mr. Hutchison stated that he was very closely connected to the men and women
of the Dover Police Department and assured everyone that Dover has one of the finest police
departments in the state of Delaware, from bottom to top. He indicated that he was very pleased with
the selection process. Mr. Hutchison advised that he had been part of the old system and did not go
through a committee when he was appointed Police Chief; therefore, he had seen things that others
had not, and there was no question in his mind that Deputy Chief Mailey was the right man at the
right time to be Chief of the Dover Police Department. He noted that the officers do a first class job
in serving the community. Mr. Hutchison indicated that he liked the fact that there had been an
opportunity to observe Deputy Chief Mailey for 20 plus years, that he is known, and that he knows
the men and women of the Dover Police Department and his community. He thanked the Mayor for
the review process, stating that he liked and embraced it, the change was needed, and when all was
said and done, the right person was selected.
The motion to support the Mayor and the Police Chief Selection Committee and to appoint
Major Marvin Mailey as Police Chief of the Dover City Police Department was unanimously
carried.
The Special Council Meeting adjourned at 5:41 p.m.
TRACI A. McDOWELL
CITY CLERK
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SPECIAL COUNCIL MEETING OF MAY 4, 2017 PAGE 3
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of May 4, 2017 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 8, 2017 at 7:30 p.m. with Mayor Christiansen
presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole,
Mr. Hare, Mr. Hutchison and Mr. Slavin.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg,
Fire Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell.
The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps
(AFJROTC).
The invocation was given by Reverend Elmer N. Davis, Jr., followed by the Pledge of Allegiance.
The National Anthem was performed by the Dover High School Select Ensemble.
AGENDA ADDITIONS/DELETIONS
By unanimous consent, the agenda was approved as presented.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 24, 2017
The Minutes of the Regular Council Meeting of April 24, 2017 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis and bore the written approval of
Mayor Christiansen.
PROPOSED RESOLUTION NO. 2017-05/PRESENTATION - JAMES L. HUTCHISON, SR.
The City Clerk read the following Resolution into the record:
WHEREAS, James L. Hutchison, Sr.’s career with the City of Dover began with his appointment
on September 11, 1967 as a Patrolman in the Dover Police Department. He ultimately attained the
position of Chief of Police and retired from the Department after more than 25 years of service on
December 19, 1992. James L. Hutchison, Sr. was sworn into office as Councilman At-Large on
May 10, 1993. After serving one year, he relinquished his seat as Councilman, successfully ran for
Mayor, was sworn into office on May 9, 1994, and became Dover’s first full-time Mayor on
May 11, 1998, serving with distinction until May 10, 2004. James L. Hutchison, Sr. was sworn in
as Councilman representing the First Council District on May 9, 2011 and served in that office with
distinction until May 8, 2017. During his most recent tenure on Council, he served as Chair of the
Safety Advisory and Transportation Committee; Utility Committee; and President’s Counsel on
Public/Private Partnerships and the Future of City Hall, Weyandt Hall, Former Dover Library and
Other City Properties; and as a Member of the Parks, Recreation, and Community Enhancement
Committee; Ad Hoc Financial and Operational Advisory Committee; Police Chief Selection
Committee; and Kent Economic Partnership; and as a Liaison to the Chamber of Commerce and
Greater Dover Committee and to Kent County on the City/County Committee; and
WHEREAS, as James L. Hutchison’s long and storied history with the City of Dover shaped him
into an exemplary leader and outstanding public servant, his diligent efforts also helped to shape the
City. He was instrumental in the extension of term limits for members of City Council from two to
four years; Council’s transition from laptops to tablets for easier access to meeting materials, and
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 2
the reinstitution of the Council Committee of the Whole meeting format for standing Council
committees. These important contributions have greatly enhanced Council’s deliberations and
resulted in significant cost savings; and
WHEREAS, James L. Hutchison’s deep-rooted and lifelong love for the City is evident to all he
encounters and has been manifested by his many years of devoted service. His selfless labor, affable
personality, and innumerable accomplishments in advancing the interests of the City of Dover have
earned him a reputation for excellence in governing throughout the City of Dover and the State of
Delaware.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
James L. Hutchison, Sr. will be sorely missed, express their sincere appreciation to him and his
family for the dedicated years of service and personal sacrifices made on behalf of the City of Dover,
and wish him and his family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council hereby direct the City Clerk to make
this resolution a part of the permanent records of the City of Dover as a lasting symbol of
appreciation and gratitude to James L. Hutchison, Sr.
ADOPTED: MAY 8, 2017
Mr. Hare moved for adoption of the Resolution No. 2017-05, seconded by Mr. Neil and
unanimously carried.
Mayor Christiansen and Council President Slavin presented Mr. Hutchison with the Resolution and
a Dover Cup in recognition of his service. Mayor Christiansen thanked Mr. Hutchison for his service
to the City. Mr. Slavin expressed gratitude for Mr. Hutchison’s service as Mayor, Police Chief,
fellow Councilman, colleague, friend, mentor, and touchstone.
Kent County Levy Court President Brooks Banta and Vice President Terry Pepper presented a tribute
to Councilman Hutchison on behalf of Kent County, as follows:
The Honorable Councilman James L. Hutchison, Sr., City of Dover, Delaware:
On this the 8th day of May, 2017, Kent County Levy Court is privileged to pay
tribute to the Honorable Councilman James L. Hutchison, Sr. in recognition for his
outstanding public service as Councilman in the City of Dover, Delaware. The
Honorable Councilman James L. Hutchison, Sr. has set the bar high in standards to
be upheld during his many years of public service: twenty-five years in law
enforcement, ten years as Mayor, and seven as Councilman.
During this time, he also served on the City/County Committee and the Kent
Economic Partnership. His insightful leadership and experience have been valuable
assets to his colleagues in Kent County government. The Honorable Councilman
James L. Hutchison, Sr. has distinguished himself as an elected official with a strong
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 3
desire to see the City of Dover excel and prosper. The citizens of Dover and all Kent
County have benefitted greatly by his generous contributions to the public interest.
Kent County Levy Court applauds and wishes to express its sincere appreciation to
the Honorable Councilman James L. Hutchison, Sr. for his exemplary record of over
40 years of dedicated public service and extends hearty best wishes in retirement and
in all future endeavors.
Mr. Banta stated that Mr. Hutchison is a man of high quality and dignity and recognized his
influence on Mr. Banta, his wife, and Kent County. He expressed gratitude for Mr. Hutchison’s role
in finding the current location for the Kent County Administration building on Bay Road and
influencing them to locate there. He indicated that Mr. Hutchison exemplifies the Boy Scout Law,
which states that a Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful,
thrifty, brave, clean and reverent.
Mr. Pepper stated that he was honored to be present to pay tribute to Mr. Hutchison, noting that his
family’s careers had paralleled and crossed Mr. Hutchison’s career many times over the years and
he had been a great friend to the Pepper family. Mr. Pepper stated Mr. Hutchison should be in line
to be crowned Mr. Dover because he is one (1) of Dover’s greatest cheerleaders.
The City Clerk read the following State of Delaware Senate Tribute into the record:
Be it hereby known to all Senator Brian J. Bushweller is joined by the Senate of the
149th General Assembly in commending the Honorable James L. Hutchison, Sr.,
City of Dover, recognizing near to 30 years of notable service to the citizens of Dover
and its environs. Throughout his extraordinary tenure, he has served with distinction
as Chief of Police, member of City Council, and Mayor. Hutch has demonstrated a
unique appreciation for the capital municipality of the First State and has earned the
respect and high regard of so many along his way.
His impact on virtually every aspect of city life has made a difference, a very positive
difference indeed. Senator Bushweller finds it most befitting the Senate recognize
this fine gentleman and his many contributions and accomplishments.
With gratitude and best wishes for the bright promise of the future, the Senate directs
this tribute be presented Monday, the 8th of May, 2017 as James Hutchison
celebrates the culmination of several jobs well done.
Mr. Hutchison expressed thanks for the recognition, noting that he had come to the City at age 24
when the Police Department had 24 officers, the population was 12,000, and the east side of
Route 13 was outside the City of Dover. He noted that the starting salary was $78 per week;
however, it was the best job he ever had. Mr. Hutchison expressed thanks to those he had worked
with, including Mr. Nicholas Rodriguez, City Solicitor; Mr. Bill Pepper, Deputy City Solicitor;
Mrs. Donna Mitchell, Acting City Manager, for taking care of financial matters; the City Clerk’s
Office; and Fire Chief Carleton Carey, Jr. and the members of the volunteer Fire Department.
Mr. Hutchison advised that the last motion he had made was to confirm Deputy Police Chief
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 4
Mailey’s appointment as Chief of Police, stating that this was the most important motion he had ever
made on this Council. He stated that the City of Dover has a great team and expressed the
importance of working together.
OATHS OF OFFICE ADMINISTERED BY THE HONORABLE WILLIAM L. WITHAM
JR., RESIDENT JUDGE - SUPERIOR COURT
In Judge Witham’s absence, the Honorable Jeffrey J. Clark, Judge, Superior Court, administered the
Oaths of Office, as follows:
Council - At-Large - Timothy A. Slavin
Council - First District - Tanner Wm. Polce
Council - Second District - William F. Hare
Council - Third District - Fred A. Neil
Council - Fourth District - David L. Anderson
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for
2017/2018.
Mr. Lewis moved to nominate Mr. Slavin to serve as Council President/Vice-Mayor for 2017/2018,
seconded by Mr. Sudler.
Mr. Sudler moved to close nominations, seconded by Mr. Anderson and unanimously carried.
By unanimous consent, Mr. Slavin was elected to serve as Council President/Vice-Mayor for
2017/2018.
RECESS FOR PHOTOGRAPHS (MAYOR AND COUNCIL)
Mr. Sudler moved to recess for photographs of the Mayor and members of City Council. The
motion was seconded by Mr. Neil and unanimously carried.
The meeting recessed at 8:04 p.m.
Mr. Sudler moved to reconvene, seconded by Mr. Neil and unanimously carried.
The Meeting reconvened at 8:13 p.m., with Mayor Christiansen presiding. Council members present
were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce, Mr. Hare, and
Mr. Slavin.
CONSENT AGENDA
Mr. Sudler requested that items #10-A - 2017/18 City Council Annual Appointments - Appointed
Staff Members, and #13 - Resolution No. 2017-06 Authorizing Signatures for Banking Services on
Behalf of the City of Dover, Delaware - Controller/Treasurer, Assistant Controller/Treasurer, and
Assistant Treasurers be removed from the Consent Agenda.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 5
Mr. Lewis requested that item #7-C-(1) - Seed Funding Request from Big River Film Co., LLC for
a Short Film to Celebrate the 300th Year of Dover be removed from the Consent Agenda.
Mr. Neil moved for approval of the Consent Agenda, as amended, seconded by Mr. Lewis and
carried by a unanimous roll call vote.
STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN
Mayor Christiansen presented the State of the City address, as follows:
Good evening my fellow Doverites. Mr. President, honorable members of Council
– tonight we stand on the threshold of a new era in the history of our City. As we
celebrate 300 years of Dover history and the innumerable contributions that we as a
community have made to this country, we face the next one hundred years with
optimism and enthusiasm acknowledging that our best days are ahead of us. I would
be remiss to not mention the coming together of our community with so many
organizations in celebration after having just kicked off our birthday celebration with
Kent County Tourism and so many others who look forward to creating history in the
years to come.
Are there challenges ahead? Yes, certainly, but we have a City Council who
partnered with our employees and our citizens, can overcome any challenge with
confidence and resolve. With their strength and determination, we can meet the
needs of the future and all that we may face.
We have a dynamic city work force which is second to none. I thank them for their
unwavering dedication to make this city shine. For when they make our City shine
the Mayor and Council shine. Many people believe the life of a City employee is
Monday through Friday 8-5pm. I am sure every employee of the city wishes it were
that way. I have personally called upon people who have come out on nights,
weekends, holidays and time away from their families to help resolve issues making
Dover the great place that it is. I thank them for their dedication and their
commitment to all who live in Dover.
To the men and women of the Dover Police Department both uniformed and civilian
employees – thank you for your professionalism and your continued devotion to
protect and serve our citizens. It is a tough job in tough times. But they do it well.
Uncertainty is always with them daily, but so are our prayers. But in addition to our
prayers, the Police Department needs the cooperation of all of our citizens to partner
together to rid all of our neighborhoods of crime, which plagues not only Dover but
our entire country. Likewise, along with cooperation we must have mutual respect
and trust if the police/citizen partnership is to be effective today and in the future.
Let it be known now; that this, a renewed notice that guns, drugs and gangs are no
longer welcome on the streets of our City!
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 6
To the men and women who serve our electric utility, customer service, linemen,
meter technicians and others – thank you. You provide the City with reliable
electricity, on a redundant system that keeps the lights on when others around us are
not as fortunate. To Harry Maloney…it’s Electric!
To the entire Public Works Department Team, whether it is Grounds, Streets,
Sanitation, Water/Wastewater – thank you for making our city accessible and for the
continual upgrade of our infrastructure. To the Code Enforcement and Planning
Department staff and our Fire Marshals for keeping our city safe and livable.
Enforcement of the Code can be difficult and not always appreciated. It is your due
diligence and the unwavering desire for the safety of our community which stays at
the forefront.
A tip of the hat to our terrific Parks and Recreation Department for the job they do
to keep our residents, young and old, healthy and fit with active programs and passive
retreats.
To the City Clerk’s Office who keep those important records and history of the City
and handle the many pieces of correspondence. They put together our agendas and
all the necessary paperwork needed to efficiently put together a legislative agenda of
a growing city. Thank you also to the committees of Council, both elected and
civilians, who serve assisting the Council with vital decisions, always weighing the
information with wisdom and thoughtfulness, and the best interest of their fellow
citizens.
I would be remiss to not recognize the hard working staff of the City Manager and
Mayor’s office who field the many calls from our constituents and resolve their
concerns quickly and in a timely manner. Always going above and beyond the call
of duty to help.
I would also like to acknowledge the Human Resources staff. It is not an easy task
to monitor the numerous applications coming in, approval of positions to be filled
and the needs of council and staff, we thank you.
To the Finance Department, a hearty thanks to you for your efforts, providing a
healthy and progressive city with the necessary financial accountability to the
citizens. Guaranteeing responsible use of tax dollars and enterprise fund revenue.
To the Assessor’s Office for maintaining fair business practice in the valuation
process and appeals, making yourself available to explain and aid in understanding.
To the IT Department for keeping us up and going. Our struggles would be greater
without you keeping us connected and online.
To the men and women of the Robbins Hose Co. No. 1 serving as the Dover Fire
Department, who for 135 years have served this community with pride and
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 7
dedication. The citizens of this community recognize your unselfish service to others
and a hearty thank you for your continued task of saving lives and protecting
property. You are our heroes.
To our library staff – Thank you for opening up a whole new world to so many
through your programming, events & now the Passport Program.
We have great people working in our great community, who on a daily basis,
twenty-four hours a day, work to make this city the place we love to call home.
As a City we have partnered with NCALL, Habitat for Humanity, Interfaith Mission,
Whatcoat Shelter, Code Purple, Shepherds Place, The Nehamiah Project,
Dr. Gus Walker, Fort Able, numerous churches and many fraternal organizations and
individual citizens to end homelessness among those less fortunate, revitalize
neighborhoods and work for affordable housing and meaningful employment for all
of our citizens.
We continue to revitalize, repair and replace our infrastructure as funds permit us to
meet the needs of today and anticipate the needs of future economic growth and
development. We must, as a community, have the courage and commitment to do
what is right for not only today but what is right for future generations. Our best days
are ahead of us and we have a bright future offering a clean, beautiful, safe and
prosperous City to all who want to work, live and play here.
To my fellow colleagues on Council. Often we are called on as representatives to our
community in times of need. I know it is not always easy and that the hours can seem
long. It is with your due diligence that we are able to have a city we are all proud of,
a City where we can civilly discuss new ideas, a place where we all can call home.
Finally, a grateful and hearty thank you to the citizens of Dover who as taxpayers and
customers allow us to serve them daily. Your confidence and belief in the future of
this City gives each of us the energy to work diligently on your behalf each day. My
hope is that we meet and exceed your expectations. I believe in Dover, do you?
COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 25, 2017
The Council Committee of the Whole Meeting was held on April 25, 2017 at
6:01 p.m., with Council President Slavin presiding (departed at 6:52 p.m. and returned at
6:53 p.m.; departed at 7:37 p.m. and returned at 7:38 p.m.). Members of Council present were
Mr. Anderson (arrived at 6:06 p.m.), Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Hare, and
Mr. Hutchison. Mr. Sudler was absent. Mayor Christiansen (departed at 8:10 p.m.) was
also present. Civilian members present for their Committee meetings were
Mr. Keller (Safety Advisory and Transportation), Ms. Arndt and Mr. Blakeman
(Utility), and Mr. Shevock (Legislative, Finance, and Administration). Mr. Shelton
(Safety Advisory and Transportation) and Dr. Stewart (Legislative, Finance, and
Administration) were absent.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 8
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee meeting was held with
Chairman Hutchison presiding.
Presentation - Lights On, Crime Out - Restoring Central Dover
(Chanda Jackson, NCALL Community Engagement Specialist)
Dr. Chanda Jackson, Community Engagement Specialist, NCALL, introduced
Mr. David Clendaniel, Chair, Restoring Central Dover Safety Work Group, and
Mr. Orlando Short, Restoring Central Dover Community Engagement Work Group.
Mr. David Clendaniel advised that Restoring Central Dover was born out of concerns
about safety in downtown Dover for residents, businesses, and economic
development, and he stated that a lot of improvements had been made. He noted that
two (2) items from the City of Dover annual crime report stood out to him, as
follows: 1) the police force does a great job and solves crimes at almost twice the
national average rate; and 2) almost every crime category increased in 2016 from
2015. Mr. Clendaniel stated that the purpose of the Lights On, Crime Off initiative
was to help deter crime in central Dover and in the Restoring Central Dover District.
Mr. Clendaniel reviewed a presentation entitled, “Lights On Crime Off Campaign -
April 25, 2017.” He explained that having lights on in houses deters crime and
improves safety, noting that the National Institute of Justice reported that improved
street lighting decreased crime by 21%, as stated in a 2008 study. Mr. Clendaniel
stated that the hope was to engage the citizens of Dover in helping to enhance City
lighting by passing out light bulbs, providing education on crime and energy
conservation, and asking people to sign a pledge to keep their lights on and report
crime when they see it.
Mr. Clendaniel explained that Restoring Central Dover had learned from the Dover
Police Department that converting lights to LED on New Street had enhanced
visibility on cameras. He noted that the cost of conversion can be recouped within
five (5) years due to energy savings and stated his understanding that Delaware
Sustainable Energy has loan programs for municipalities to make such conversions.
Mr. Clendaniel asked members to consider funding LED street light improvement in
the City’s budget both this year and next year, stating that safety should be
paramount.
Mr. Lewis asked what the City was currently paying for bulbs. Responding,
Mrs. Donna Mitchell, Acting City Manager, stated that she was unsure of the cost of
bulbs but noted that she had provided the cost for LED lights to NCALL. She
advised that the Fulton, Mary, and Clara Street area had already been mapped out for
LED light replacement and Senator Brian Bushweller is also contributing some funds
toward it.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 9
Mr. Hutchison noted that Newark had already moved forward with regard to the light
issue and asked if staff had met with Newark in this regard. Responding,
Mrs. Mitchell advised that staff had not met with Newark. She stated her belief that
Newark had done their light replacement through the Delaware Municipal Electric
Corporation (DEMEC) and noted that she would be meeting with DEMEC in regard
to their presentation during the Council Committee of the Whole/Utility Committee
meeting of April 11, 2017. Mr. Hutchison suggested sending a representative to
Newark to see exactly what they had done and to look at the actual savings, since
Newark had been doing this for a number of years.
Mr. Neil stated that there was no question about lighting being a key to crime
prevention; however, he expressed interest in seeing what kind of pushback there
would be because light can also be disturbing to those inside the house. He thanked
NCALL for this phenomenal initiative.
Mr. Clendaniel indicated that this program had been very effective in a number of
cities around the East Coast, including locations in Massachusetts, as well as Cape
May and Asbury Park, New Jersey. He noted that NCALL had not created the name
of the Lights On, Crime Off program but honored other cities by using this name.
Mr. Clendaniel advised that there was no reason that this program could not work in
Dover.
Mr. Anderson asked if more lights were needed in some alleys, in addition to
replacements, and if the Public Works and Police Departments were coordinating
regarding which alleys most needed enhancement. Responding, Mr. Orlando Short
advised that efforts to identify additional lighting, not only replacement lighting,
were underway. He stated that he was scheduled to do a ride-along with
Lieutenant Christopher Hermance to identify those alleys that most needed lighting.
Mr. Short indicated that some alleys were unpaved, including a dirt alley on Cecil
and West Streets, and stated his belief that the Public Works Department was
currently doing something with that alley. Mr. Anderson noted that the back of
Cecil Street, from Governors Avenue to West Street, is dark.
Mr. Hutchison advised that, for the first time in a long time, he was extremely
impressed with what was being done downtown. He thanked NCALL and everyone
working in partnership in the area being discussed, including Kirkwood Street,
Kings Highway, New Street, and Division Street, noting that these efforts would
make a difference. Mr. Hutchison stated his firm belief that home ownership was the
way to go. He indicated that he would wholeheartedly support these efforts when
Council moves forward with the budget. Mr. Hutchison expressed the need to work
hard to address these issues, which would include funding for them as well.
The Committee recommended endorsing and supporting this program.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lewis and carried by a unanimous roll call vote.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 10
Proposed Ordinance #2017-06 - Amending Chapter 70 - Offenses and
Miscellaneous Provisions, Section 70-2 - Weapons Generally (Sponsors: Cole
and Hutchison)
Mayor Christiansen advised that he was in favor of Proposed Ordinance #2017-06.
Deputy Chief Marvin Mailey reviewed Proposed Ordinance #2017-06, explaining
that Dover High School wants to participate in a marksmanship program that 12 high
schools within the State of Delaware were currently participating in. He stated that
the only thing holding back the Capital School District was the City’s ordinance
pertaining to weapons ranges. Deputy Chief Mailey advised that the proposed
amendment would only allow weapons ranges for school-sponsored projects, such
as the marksmanship program, and a typical citizen would not be able to open a range
on their property. He stated that the Proposed Ordinance would allow young people
in the Capital School District the chance to compete, earn scholarships, etc.
Responding to Mr. Hutchison, Deputy Chief Mailey confirmed that it was
specifically the ROTC program that was being discussed. He advised that he had
attended a meeting regarding the program with Major John K. Murphy,
USAF (Retired), Senior Aerospace Science Instructor at Dover High School;
Mr. Dan Shelton, Superintendent of Schools, Capital School District; and other
School Board members. Deputy Chief Mailey indicated that Major Murphy had done
a great job explaining the safety protocols in place for the school program, and the
range would be self-contained in a classroom set up with individual firing lanes
where competitors could fire CO2 rifles with small pellets. He stated that these are
not BB-style pellets but flat, roundish disks that compress as soon as they hit a solid
backing, and bullet backers at the end of each lane would collect the spent rounds.
Deputy Chief Mailey indicated that there was no chance of ricochet or people being
injured, and participants would all be ROTC students enrolled in the program. He
noted that three (3) ROTC personnel on the range would oversee the event, and there
would be no spectators on the range. Deputy Chief Mailey advised that the CO2
rifles would be kept in the School District under several layers of security, so only
the adults in charge of the ROTC program would have access to them and the kids
would see one (1) of the adults to sign the weapons out. He stated that, he assumed,
the weapons would only be taken out for practice and competition. Deputy Chief
Mailey stated that, while in transit, the rifles would be overseen by the ROTC
supervisors.
Mr. Cole advised members that due to Councilman Hutchison’s impending
departure, Councilman Neil had graciously agreed to be a co-sponsor of the Proposed
Ordinance.
Mr. Cole stated that 12 other high schools in the State have such programs, which
had all been very successful. He indicated that there had never been any issues and
the program would provide the students with a great opportunity. Mr. Cole indicated
that he supported the Proposed Ordinance.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 11
Mr. Lewis noted that he had served on the Capital School District Board and had
always been a supporter of the ROTC. He indicated that he thought this was a good
program and commended Major Murphy and his colleague for starting it. Mr. Lewis
asked if Deputy Chief Mailey had gone to check out the area and what his position
was. In response, Deputy Chief Mailey advised that he formerly served in the Air
Force and was well aware of their comprehensive rules and regulations. He noted
that there are levels of safety and procedures in place to make sure that the
participants and the range officers are safe. Deputy Chief Mailey explained that, in
addition to being 33 feet away, participants also have to wear ear, eye and arm
protection, as well as gloves, to ensure their safety. He indicated that he had watched
how matches would be conducted and the risk was low. Deputy Chief Mailey noted
that the Dover Police Department has a School Resource Officer on the premises
who is aware and in favor of the proposed program. Deputy Chief Mailey advised
members that he was also in favor of it and the Dover Police Department thought it
was a good thing for the youth of Dover. Deputy Chief Mailey stated that there is a
good partnership between the Dover Police Department and the Capital School
District.
Mr. Lewis stated that he supported the ordinance amendment.
Major Murphy informed members that a young, female, freshman college student
won the first gold medal at the Olympics last year, and she had started shooting in a
non-ROTC marksmanship program at her high school. He stated that he had been
impressed by this and thought that there was an opportunity to get kids on board with
marksmanship. Major Murphy advised that Dover High was fortunate that some of
their cadets would receive scholarships to the Air Force and the Army; however, he
noted that students do more than 80 things every year with their color guards, drill
team, and raider team, and they do not receive scholarships. Major Murphy indicated
that the marksmanship program would allow kids to go to college on scholarships so
that they can receive an education while doing something that they love. He noted
that the program would educate kids on firing weapons safely using small pellets, not
.22's, .38's, or .45's as some people had believed. Major Murphy advised that it
would be a very safe program with marksmanship standards, so that if there is a
misfire, they just fall to the ground. He indicated that, in the last eight (8) years, the
Air Force had expressed a wish for this program, which the Army, Navy, and Marine
Corps all have. Major Murphy stated that it was a great program and urged members
to support it.
In response to Mr. Keller regarding the location of the program, Major Murphy
advised that it would be in the Junior ROTC classroom at Dover High School, noting
that 33 feet was needed and they currently have 40 feet. He stated that three (3)
targets could be set up in front of the classroom, the door would be locked, and the
only people present would be the three (3) cadets firing and the range officers.
Major Murphy indicated that windows were available in the classroom for spectating.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 12
Mr. Hutchison stated that one of the most impressive opportunities at Dover Air
Force Base is watching the Junior ROTC State-wide competition, which creates pride
in what young people are doing. He thanked the United States Air Force for their
leadership.
The Committee recommended adoption of Proposed Ordinance #2017-06.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lewis and carried by a unanimous roll call vote.
By consent agenda, Mr. Neil moved for acceptance of the Safety Advisory and Transportation
Committee Report, seconded by Mr. Lewis and carried by a unanimous roll call vote.
UTILITY COMMITTEE
The Utility Committee was held with Chairman Cole presiding.
Presentation - Low Income Residential Utility Programs Under Consideration
or Approved by the Delaware Energy Efficiency Advisory Council (EEAC)
(Charles T. Kistler)
Mr. Harold Stafford, and Mr. Charles Kistler, Delaware Energy Efficiency Advisory
Council (EEAC) reviewed a presentation, entitled “City of Dover Briefing - April 25,
2017.” Mr. Stafford explained that the purpose of the EEAC programs was to look
at ways to work with their partners to make energy efficiency programs available to
the low-income community in the City of Dover and around the State. In regard to
the HELP Initiative, Inc., he stated that the acronym HELP stands for healthy homes,
energy-efficiency, lead-safe, and people-centric. Mr. Stafford advised that the focus
of this initiative was to look at ways to instill best practices to assist low-income
individuals to not only conserve energy, but to look at ways that they can reduce their
energy consumption and their energy costs.
Mr. Neil questioned if there were lights or systems available that would cause a light
to flash so that a person who had an emergency could identify their area to an
ambulance that is responding. He indicated that there used to be such lights;
however, they were no longer available and this question was important to many
seniors. Mr. Slavin stated that he had worked with Mr. Neil on this issue for Wild
Meadows 10 years ago, and they had purchased washers that were placed in the
bottom of sockets. He explained that if they are turned on twice they will blink to
alert an ambulance.
Responding to Mr. Neil, Mr. Kistler stated that he liked the concept of using flashing
lights to indicate a problem inside the house. He advised that he was previously
involved in monitoring residential and commercial alarms on a nationwide basis,
using megacenters, so he had some sense of the requirements. Mr. Kistler advised
that the wireless pendants for those who have fallen and can’t get up, had a
connection to a light that flashed. He was unsure whether this was available but
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 13
indicated that he could find out. Mr. Kistler pointed out that this would put an
additional layer of value on the idea of not just putting a light out to keep the element
of crime away, but also to protect the individual on the inside should they have a
problem.
Mr. Neil commended Mr. Kistler and Mr. Stafford for the thought that goes into to
their initiatives and thanked them for their efforts. Referring to the renewable Smart
Signs, Mr. Neil stated that he thought this type of sign could be placed in front of
City Hall.
Ms. Arndt noted that Mr. Kistler and Mr. Stafford had expressed the hope of
influencing behavior, and she commented that this was probably their heaviest lift.
She stated that she liked the solar LED light bulb, which is something that works
without having to think about it. Ms. Arndt questioned if they had thought about
programmable thermostats for energy efficiency within homes. In response,
Mr. Stafford advised that there is a cost factor for programmable thermostats and
noted that they were trying to have minimal invasion into people’s homes, initially.
He indicated that they would be able to look at ways to acquire programmable
thermostats to put in individuals' residences later, depending on the funding source.
Mr. Kistler indicated that there is a moment of truth when they are in front of
someone and are about to install an LED light bulb. He noted that there is a great
deal of information that could be exchanged but they must glean as much as possible,
while being succinct, before walking away. Mr. Kistler advised that the community
energy centers in Dover have many resources that can benefit someone who has been
identified through putting in a light bulb, and he explained the need to know what the
script is when walking up to people. He noted that this does not involve just
screwing in a light bulb but understanding the disposition of the individual in the
house, and there is a lot of detail. Mr. Kistler indicated that there is much to be
gained through the experience, but it has to be done quickly.
Mr. Kirby Hudson, Assistant City Manager, indicated that every Monday there are
individuals in the City of Dover Customer Service Department who habitually have
issues with their bills and are subtly directed to the help desk in the lobby. He noted
that it is up to these individuals to decide whether or not they want to take advantage
of the programs. Mr. Hudson advised that this was part of changing the overall
behavior. Mr. Kistler noted that an energy educator comes to the City's office every
Monday.
Mr. Cole asked Mr. Kistler if they were looking for action from the Committee
tonight or if their intent was just to provide a presentation. Responding, Mr. Kistler
stated that he thought their obligation was to keep members informed and they were
unsure if the City was getting information. He stated that he wanted to make sure to
tell members about settlement funds, Senate Bill 150, and EEAC. He noted that
programs were being put forward and he did not want those programs to be obligated
without some buy-in. Mr. Kistler explained that there was a social justice cause to
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 14
protect the people in the community who are vulnerable and in the most need, and
he indicated that there was an obligation to make sure that this happens.
Mr. Hare asked how it can be determined that those in need are protected and
questioned what would happen if he came in and asked for help because he was
behind on his electric bill. Responding, Mr. Stafford advised that the energy
educator is aware of an array of services and would begin with the basics and discuss
how to prevent the person from going into arrears. If they are in arrears, he explained
that they would discuss the resources that are available through various social service
agencies to assist them in getting out of arrears. Mr. Stafford noted that these
individuals would then be put on a budget plan.
Mr. Hare noted that there are people in arrears who make six figures. Responding,
Mr. Stafford advised that those in the program must be eligible by income and
normally have to meet 200% of poverty to be eligible for the program. Mr. Kistler
advised that there are two (2) tiers to the approach, as follows: 1) an assessment
within a working environment, such as the customer service center described by
Mr. Hudson; and 2) actually going out to look at the property that was assessed at the
customer service center. He explained that this combination provides a holistic view.
Mr. Hare stated that he thought it was important to make sure that they were not
helping someone who just did not know how to pay their bills. Mr. Kistler
commented that there is a financial literacy component for low-income people.
Mr. Stafford noted that their intent was mainly to provide members with information.
He noted that when the EEAC finishes their guidance document some time later this
year, approximately $4M would be made available for developing programs to assist
with energy efficiency needs. He indicated that the Delaware Economic
Development Office (DEDO) received $6M to assist with commercial energy needs,
and he indicated that members may want to think about that.
Presentation - Municipal WiFi (Rob Nicholson, Delmarva VOIP)
Mr. Todd Stonesifer, 115 North State Street, stated that he owns a real estate firm
located at 27 West Loockerman Street. He advised that he had also founded an
organization called Destination Downtown Dover, with a vision of energizing,
revitalizing, or assisting various groups to revitalize downtown, and that with these
three (3) hats, economic development becomes key. Mr. Stonesifer indicated that he
would love to see some of the buildings in the downtown area filled, which would
help with social aspects and also help his pocketbook, since he would hopefully be
able to assist in accomplishing this. He stated that, in the pursuit of out-of-the-box
ideas to make Dover even more attractive than it already is, he came across
Mr. Rob Nicholson, who would be discussing some of the benefits of a
municipal-sponsored WiFi system through the downtown area. Mr. Stonesifer noted
that such a WiFi system could distribute information regarding low income
residential utility programs, and there would be countless other ideas. He expressed
his passion for downtown Dover.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 15
Mr. Rob Nicholson, Director of Business Development, GetSecureNet, stated that he
has approximately 15 years of experience in technology in the military and private
industry and had also been very involved in economic development in Sussex County
and throughout the State. He explained that a lot is heard about smart cities;
however, he has a vision for Delaware to become the first smart state, which he
thought was doable due to Delaware's unique size and industries. Mr. Nicholson
explained that 10 years ago SecureNetMD was started, which focused on healthcare
IT. He noted that some of their clients included every healthcare system from Cape
Charles in Virginia to Christiana Hospital, wrapping around almost to Baltimore,
except for Nanticoke. Mr. Nicholson stated that other clients not in healthcare
wanted services and were brought onboard through Delmarva VOIP. He indicated
that they were now going through a transformation and were rebranding as
GetSecureNet so they could focus on other industries as well, taking some of the
successes they had with healthcare. Mr. Nicholson advised that they partner with
organizations and empower leadership to make better technology decisions and
reviewed a presentation entitled, “MuniWIFI - Create a Connected & Engaged
Community.”
Mr. Neil stated that he serves as the City’s liaison to the Kent County Tourism Board
of Directors, and many of the things that Mr. Nicholson was discussing relate to the
Board’s planning in regard to where to go and what to do in Dover and Kent County.
He also noted that Mr. Nicholson was discussing the downtown area, which is only
part of Dover. Mr. Neil indicated that he loved the idea of what Mr. Nicholson was
suggesting; however, he thought it might work better in certain segments as opposed
to a City-wide approach. He commented on the concentration in the downtown area
and noted that events held there are promoted actively through Kent County Tourism,
and the City provides them funding for that purpose. Mr. Neil indicated that
Mr. Nicholson's idea was great; however, he suggested maybe putting smaller pieces
in place before doing anything larger. Responding, Mr. Nicholson agreed, stating
that he had worked on a project for the Lewes Historical Society digitizing old
cemetery plots and digitizing those types of local attractions is important because it
allows younger generations to get into history and understand more about the town.
He agreed with looking at certain areas and focusing on them because the application
may be different for downtown Loockerman Street and the main corridor versus
some of the other areas. Mr. Nicholson advised that a phased roll-out is exactly what
they would propose as a pilot program to initiate and get some traction. He explained
that when someone accesses the downtown Dover website or WiFi splash page they
could submit a five-question survey based upon free access. Mr. Nicholson indicated
that this data could be collected, and the survey could then be revised and rolled out
into a different area. He explained that these types of systems are highly scalable and
can focus on specific areas, noting that looking at density and other items in an area
may drive decisions, and in this way the system can be phased and rolled out over
time. Mr. Nicholson related technology upgrading to vehicles, stating that one
should not worry about the car, which is the device, but about the highway where the
cars will go to drive. He indicated that he viewed this system as the backdoor and
infrastructure to allow a roll-out into other areas.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 16
Mr. Anderson asked if there would be a cost for a needs assessment. Responding,
Mr. Nicholson stated that projects are typically rolled out in a couple of ways. He
stated that he did not think it should be approached as a feasibility study, which
would provide a yes or no. Mr. Nicholson advised that he had done a very high-level
budget looking at Loockerman Street and some of the adjacent streets and estimated
approximately $150,000 to provide coverage to this area, and possibly to The Green
as well to capture some of the festivals. Mr. Nicholson noted that he would look to
the City to tighten up some of the budget items, explaining that he would first need
to better understand what members' goals are. He advised that the needs assessment
would have no cost, and the only cost would be rolling out the pilot program in a
highly concentrated area throughout Loockerman Street, which would be a good first
step.
Mr. Anderson asked Mr. Nicholson to elaborate on the possible revenue streams
mentioned in the presentation. In response, Mr. Nicholson stated that there are many
opportunities for revenue streams, depending on the approach. He advised that they
had seen scenarios such as bringing in a corporate sponsor for the entire WiFi.
Mr. Nicholson explained that if 40,000 people connect to a splash page during the 4th
of July celebration, this page could have sponsors that want to have their logo there.
He also suggested partnering with Delaware Technical and Community College,
other schools, or local businesses and charging them to be featured sponsors on a
splash page during an event. Mr. Nicholson indicated that there is also indirect
revenue through cost savings for efficiencies gained from an operational standpoint
for offering public services for some of the City employees accessing the network.
Mr. Nicholson reiterated that there are a lot of options that would have to be better
understood. He noted that he recommends to all of his clients offering free WiFi from
day 1 and starting to collect information and get feedback. He stated that the emails
would be collected and people would become engaged, and then monetizing the data
or the splash page could begin.
Mr. Slavin explained that he had traveled to Auckland, New Zealand a
year-and-a-half ago when his daughter was studying there. He noted that data plans
for phones are universally expensive in New Zealand, particularly in Auckland,
which drives the need for WiFi, and the entire University of Auckland, over many
city blocks, had one (1) WiFi network for all students. Mr. Slavin advised that
probably eight (8) out of 10 times people decided where to go out to eat or have a cup
of coffee based on whether there was free WiFi, which draws people in to live, spend
money, and eat. He indicated that this also pushes safety up into some of the better
places in town. Mr. Slavin stated that he found it amazing to watch what this smart
city had done, noting that it was kind of a new utility that was being rolled out.
Mr. Slavin stated his assumption that the model that Mr. Nicholson had explained
was an iterative model that is scalable. He stated his understanding that they begin
with one (1) section and, based on their successes there, they report this to other
places or replicate it, and Mr. Nicholson stated that this was correct.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 17
Mr. Slavin asked if the $150,000 mentioned was a one-time or annual cost.
Responding, Mr. Nicholson explained that this would be a one-time cost for
construction and set-up, and he noted that they would partner with
Mr. Harry Maloney, Electric Director, to get access to poles and tap into power.
In response to Mr. Slavin regarding the annual operating costs, Mr. Nicholson
indicated that this is a key component that may be very low, depending on what
access there is to fiber or internet, which would be part of the needs assessment. He
estimated $1,200 to $1,500 on average; however, he advised that if the City already
owned or was paying for access to high-speed internet, there was no reason that the
downtown area could not be lit up off that. Mr. Nicholson indicated that he had
talked to the Dover Public Library about possibly extending, because they have fiber
coming in from the State, and he noted the possibility of being creative with some of
those ideas. He explained that there are wires with wireless; however, using a
point-to-point approach, a signal from the Social Security Office or City Hall could
be redistributed throughout the entire downtown area if the elevation was high
enough.
Mr. Slavin stated that he understood the concept of the 40,000 people watching
fireworks who would want free WiFi; however, he assumed that small businesses
downtown would want to stop paying for WiFi and get it for free. He stated that this
would not be a bad thing and would be a friendly business incentive; however, it
would lead to a question about risk and reliability. Mr. Slavin advised that reliability
would have to be 100%, 365 days a year, 24 hours a day, and if people could not rely
on it, they would not use it. He asked about the risks associated with turning on a
network like this and who would become dependent upon it. In response,
Mr. Nicholson stated that the City has Verizon fiber and he would not recommend
going off that because wireless signal does not propagate through brick walls very
well; therefore, a lot of small businesses would not be able to connect reliably. He
indicated that it would be preferred, from an operational standpoint, that small
businesses stay with Verizon. Mr. Nicholson explained that, from a security
standpoint, everything is being passed through to a primary network for control and
management, and security elements could be put in place. He noted that there are
ways to segregate and compartmentalize certain data streams to pass that traffic back.
Mr. Nicholson advised that if there was a City-wide network for all employees, they
could connect via their cell phones and mobile devices. He indicated that there could
be a specifically free public WiFi, and the speeds and reliability could be throttled
and controlled. Mr. Nicholson stated that if 40,000 people flood in for a 4th of July
weekend, data limits could be placed on how fast they can pull, but public workers
could be given higher priority. He noted that there are ways to compartmentalize and
manage as long as data is passed through a primary network.
Mr. Slavin stated that he thought Mr. Nicholson's proposal was a great idea and he
supported it; however, he explained that he was not convinced that it is a business
that a municipal government has to own and operate. He noted that there is a
quasi-government development authority that is focused on the downtown area and
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he suggested talking to the Downtown Dover Partnership or perhaps Mr. Stonesifer's
group. Mr. Slavin advised that the City may be able to help facilitate this, whether
financially or by using brands or other things. He stated that he was unsure that the
City government would want to take on the burden of operating a new utility when
it was struggling with decisions about how to operate a utility. Responding,
Mr. Nicholson stated that he agreed and explained that there are different recipes in
different municipalities in terms of who funds, builds, maintains, and runs a network,
and who responds to phone calls. He recommended that the City not manage
but support it, and that the City partner with a private company to come in.
Mr. Nicholson explained that once this asset exists, a revenue source could be created
by inviting outsiders in to roll internet service over top of the network. He noted that
this would open up price competition, and would be a win-win for the consumer
because having more players on the block would to drive prices down and/or drive
features up. Mr. Nicholson reiterated that he would not recommend that the City get
into the business of municipality ISP services.
Mr. Slavin noted that he was told 10 years ago by someone that he trusts that it is
necessary to experience some pain in order to revitalize a downtown area, such as
ripping up streets, laying in new infrastructure underneath, and sizing the
infrastructure for where you want to be in 20 or 30 years, not where you are today.
He explained that if the City is trying to grow the 24-hour population living
downtown, it is necessary to make sure there is enough capacity for them to turn the
showers on and flush the toilets when there are 3,000 more people living there than
today. Mr. Slavin stated that it sounded like this was one (1) of those moments when
the City could be laying in some of the infrastructure that is not as destructive to put
in place.
In response to Mr. Slavin, Mr. Nicholson advised that five (5) towns, including
Georgetown, were selected nationwide to participate in the federally-funded Cool &
Connected Program, and Mr. Nicholson was involved in this. He explained that they
have a concept of "dig once," which involves digging, laying, and building over
capacity so that there is no need to turn brick or put a shovel in the ground again.
Mr. Nicholson indicated that conduit is put in throughout, so complete scalability and
over-capacity is built. He stated that there are a lot of programs that could fund some
or all of it and there are creative ways to raise funding. He stated that there are
E-Rates, the Cool & Connected Program, which would come in and help to plan out
some of these items, and many federal and State resources that would help to make
better decisions and navigate the new digital economy.
Mr. Hutchison stated that, when looking at the future of the City, there is a large
population that is basically untouched, including Dover Air Force Base, Wesley
College, Delaware State University, Delaware Technical and Community College,
and Wilmington University. He indicated that the kind of visions and dreams being
discussed would bring these types of people downtown. He stated that, in looking
to capture the future, the population that the City had not reached out to was right in
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 19
its hands, and he thought that the City needed to create ideas and ways to bring them
in and get them jobs.
Mr. Cole asked if action was looked for from this presentation. In response,
Mr. Nicholson stated that they were looking for buy-in. He advised that he would
love to meet with others who are holding the torch of getting Dover to the next level,
to take inventory of the assets and initiatives that they can bring to the table.
Mr. Nicholson advised that this was key for Georgetown, where they had someone
from the Georgetown Historical Society that was also the director of emergency
operations, as well as someone from the University of Delaware, Delaware Technical
and Community College, and the Delaware Economic Development Office (DEDO).
He indicated that he would like to get everyone in the same room, give the
presentation again, and have everyone collectively rally around and pull from the
same direction, which would be essential. Mr. Nicholson noted that in Georgetown
there was a lot of overlap in what people were doing, and that aligning this and
getting all the arrows going in the right direction would be crucial to Dover
leveling up.
Mr. Hutchison moved to recommend that Mr. Nicholson have a follow-up meeting
with the Acting City Manager to identify the individuals who need to be at the table
and to see where to go from here. The motion was seconded by Mr. Slavin.
Mr. Nicholson stated that he could invite some of the partners they had worked with
in relation to Georgetown, Laurel, and the University of Delaware to get all their
heads together.
Mayor Christiansen stated that he would like the motion to reflect that he would
assist the Acting City Manager in the efforts to facilitate the City moving forward.
The Committee recommended that Mr. Nicholson have a follow-up meeting with the
Acting City Manager to identify those who need to be at the table and to see where
to go from here, and that Mayor Christiansen assist the Acting City Manager in the
efforts to facilitate the City moving forward.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lewis and carried by a unanimous roll call vote.
Annual Engineering Consultant's Report on the Operation and Maintenance of
the Electric System - Fiscal Year 2016
Mrs. Donna Mitchell, Acting City Manager, stated that the Annual Engineering
Consultant's Report on the Operation and Maintenance of the Electric System is
required based on the City’s bond covenants, which require an annual physical and
financial assessment of the electric utility. She explained that an engineer came to
Dover to perform the physical assessment and the City’s financials from the audit
from FY16 were also reviewed. Mrs. Mitchell reviewed the Conclusions of the
report as stated in Section 1.4 of the Executive Summary.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 20
Staff recommended acceptance of the report.
Referring to page 4-5, Revenue Margins and Unaccounted for Energy, Mr. Blakeman
noted that the margins for 2014 were $20.9M, for 2015 were $28.6M, and for 2016
were $36.4M, and he questioned the reason for the big increase in 2016.
Responding, Mrs. Mitchell stated that this was due to the negative congestion that the
City had which was generating more revenue, and the power supply cost had also
dropped. She advised that the fuel cost was down in the current market, so there was
a difference between what was budgeted and where the City ended up. Mrs. Mitchell
stated that the City had a really good year.
The Committee recommended acceptance of the report, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lewis and carried by a unanimous roll call vote.
By consent agenda, Mr. Neil moved for acceptance of the Utility Committee Report, seconded
by Mr. Lewis and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held with
Chairman Hare presiding.
Seed Funding Request from Big River Film Co., LLC for a Short Film to
Celebrate the 300th Year of Dover
Mr. Nathan Cronk, Owner and Director, Big River Film Co., stated that he was
scheduled to pitch the film project to the Economic Development Committee;
however, there had not been enough members present to take a vote. He explained
that Big River is a video production company that has been doing work in Dover for
almost two (2) years, with offices at 117 Reed Street. Mr. Cronk advised that they
were showing a video to people who are interested in helping them fund the project.
He noted that they had put together several pieces for the downtown Dover area that
had been on social media, including Facebook and YouTube. He noted that their first
video alone had over 110,000 views in just the downtown Dover area.
Mr. Cronk and Mr. Harvath, Lead Producer and Director of Photography, Big River
Film Co., presented a video introducing the Short Film Project to Celebrate the 300th
Year of Dover (as on file in the Office of the City Clerk).
Mr. Cronk advised that their goal tonight was to ask for $8,000 in seed funding to
begin production on a five (5) to seven (7) minute film that would show Dover in a
fresh and new way, bring new energy to the area, and highlight its rich history. He
indicated that it would be pushed out online through Facebook and Youtube to get
it in front of as many people as possible to continue a discussion about how great
Dover is. Mr. Cronk explained that in 100 or 200 years, when celebrating the 400th
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 21
or 500th anniversary of Dover, people will be able to look back and see the film as
a time capsule of what it was like to be in Dover in its 300th year.
Members were provided a handout entitled, “Big River Film Co. - Dover, Delaware
Short Film Production.” Referring to page 3 - Production Costs, Mr. Cronk
explained that they were seeking $8,000 in seed funding tonight, and an additional
$12,000 would be funded by private organizations who are interested in the project.
Mr. Cronk advised that there would be some sort of branded credit at the end, as well
as a few other perks. He indicated that it was critical for funding for the project to
start soon and for it to be fully funded. Mr. Cronk stated the need to produce a film
to be pushed out before the 300th year is over and to get cameras on the ground and
rolling.
Mr. Cole asked if the City would own or have unlimited access to the video for
marketing purposes or for any goodwill moving forward. Responding, Mr. Cronk
advised that the City absolutely would have unlimited access, noting that they would
be happy to make it available to anybody who would like to use it. He stated that the
goal was to get as many eyes on it as possible. Mr. Cronk indicated that they were
partnering with Destination Downtown Dover, the Downtown Dover Partnership
(DDP), and Something LLC, which is an organization that is helping put together
many things that are happening for the 300th year. He noted that the DDP’s
Facebook page is the platform that had been used to push out their first three (3)
videos and would also be the platform for the fourth. Mr. Cronk indicated that they
already have great viewership on Facebook, and it made sense to push the film out
on the same platform.
Mr. Anderson asked what the goals were and where they were on their time frames.
Responding, Mr. Cronk explained that they had been in the process of trying to get
seed funding for several months and the goal was to have the video fully produced
by the end of the year. He stated that they were anticipating pushing it out at the end
of the year at the New Year's Eve celebration of the 300th year. Mr. Cronk noted that
if they were not seed funded on the project by the end of next month, they would not
be able to do it because of the time required, and would pull the plug on the project.
Mr. Neil asked if they had $12,000 in the bank for the project. In response,
Mr. Cronk advised that they had no money in the bank and, if funded during the
meeting, this would be their first actual money in the bank to do the project. He
stated that several other organizations had told them they were interested in funding
the project, and those contributions would provide them with $16,000. Mr. Cronk
explained that the $16,000 included the $8,000 they were requesting from the City.
Mr. Neil asked what dollar amount would actually get them started working on the
project. Responding, Mr. Cronk stated that $8,000 was needed and they could start
rolling tomorrow with that amount.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 22
Mr. Neil asked what would happen when the reel runs out and the other money is not
there. In response, Mr. Cronk explained that they could produce a video project that
would probably be on the scale of the first three (3) videos they produced in Dover
with $8,000. He stated that if they were seed funded during this evening’s meeting
and unable to obtain any more funding above and beyond this, they would scale back
the whole project. Mr. Cronk indicated that he could not tell members exactly what
the scaled-back project would look like, noting that they were aiming for full
funding.
Mr. Lewis noted that Mr. Cronk had indicated that this would be a documentary and
asked if it would be a national documentary. He questioned where else it would be
shown, other than Facebook and YouTube. Responding, Mr. Cronk advised that
Facebook and YouTube would be the main places where they would plan to play it.
He noted that they have a vision of doing a premiere of the film at the Schwartz
Center and inviting the community to be there. Mr. Cronk explained that they want
the film to be something for the community to be proud of, something produced in
Dover about Dover.
Mr. Lewis stated that he had concerns regarding the funding, noting that he had
emailed Mrs. Donna Mitchell, Acting City Manager, about this earlier in the day, and
he asked Mrs. Mitchell to read her email response for the record. Responding,
Mrs. Mitchell stated that a separate bank account had been started for fundraising;
however, from listening to the presentation this evening, she was unsure if this
project was on the same track as the rest of the fundraising or if this would be
General Fund monies. She indicated that she would have to comb through the budget
to see where $8,000 could be found if it were to come from the General Fund.
Mrs. Mitchell advised members that a separate bank account had been set up for the
Mayor’s purpose of fundraising for the 300th anniversary. She noted that there was
up-front money in some cases, such as a play at the Schwartz Center that had already
been paid for and was being reimbursed as ticket sales come in. Mrs. Mitchell
indicated that this was a loan from the General Fund, not a budgetary item, the loan
was being paid back to the General Fund, and the Mayor was aware of that
arrangement. Mrs. Mitchell reiterated that she was unsure if the film project was part
of that arrangement or if it would be straight General Fund monies. She advised that
it sounded like straight General Fund monies; therefore, she would have to comb
through the budget to find the funding. Mrs. Mitchell stated that Council had
transferred Economic Development money to the City Manager's budget to address
the elimination of the Economic Development Office and there was a little money
left there.
Responding to Mr. Lewis, Mrs. Mitchell advised that she did not think this was
money that would be reimbursed. Mr. Lewis commented that this was a separate
issue from what Mrs. Mitchell had emailed him.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 23
Mr. Slavin stated that when the Economic Development Office was reconfigured,
money was sent to the Mayor’s budget for discretionary use for economic
development and various initiatives, and he estimated that it was about $60,000.
Responding, Mrs. Mitchell stated she thought that those funds were put in the City
Manager’s budget to cover the personnel expenses, etc., after the Economic
Development Office employees left their tenure with the City. She indicated that she
thought it was in the City Manager’s budget, rather than the Mayor’s budget, and
these were the funds she had referred to. Mrs. Mitchell offered to double check
where those funds were. Mr. Slavin asked that this be checked because the project
seemed to be an economic development activity that the Mayor could support out of
that money. Mr. Slavin noted that he was not speaking on behalf of Council.
Mayor Christiansen asked Council to consider that this celebration was moving forth
basically with no cost to the City and it would be pay-as-you-go, because he did not
feel it appropriate to ask for City money. He stated that the film project was
particularly geared for downtown and economic development for the City.
Mayor Christiansen indicated that if these funds were available, and it pleased
Council to seed this money and have others assist with this, he thought an $8,000
investment was appropriate.
Mrs. Mitchell advised that there was enough money for this.
Mr. Slavin stated that the $8,000 could be granted as a challenge grant, with the
City’s money being given first and last. He indicated that the City could provide
$4,000 at the outset and top off with the last $4,000 after Mr. Cronk had raised all of
their funds. He asked if this kind of scenario would be helpful. In response,
Mr. Cronk stated that it would be helpful, noting that another funder had told them
they would give $4,000 if they could find a matching $4,000. Mr. Slavin noted that
raising money is all about leveraging.
Mr. Cronk advised that if the City were to fund $4,000 now, they could go to their
matching funder and get another $4,000, which would be the seed funding to start the
project. He agreed that they could then come back to the City for $4,000 at the end.
Mr. Lewis advised that he could not support this proposal.
Mr. Slavin explained that this is typically how fundraising is done, and this approach
would prevent $20,000 from being spent from any one (1) source and attract
community support and resources.
Mr. Lewis advised that this was Mr. Slavin’s prerogative. He questioned why people
who are starving out on the street are not helped if the City is going to be giving away
money like this.
Mr. Anderson stated that this seemed like an economic development initiative and
noted that economic development monies are split between the funds because these
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 24
activities benefit all funds. He was unsure if this would need to be a General Fund
item and indicated that he would like Mrs. Mitchell’s staff to look at this.
Mr. Anderson expressed support for the item, noting that the 300th anniversary
comes only once and is a special one that should be documented. He advised that the
price tag seemed reasonable. Mr. Anderson stated concerns with the proposal for
$4,000 and the additional $4,000 as the last portion of the funding. He stated that if
they attained $12,000 or $14,000, they might not get the last $4,000, which
concerned him. Mr. Anderson advised that he would not mind starting with $4,000
but was unsure that the City’s other contribution needed to be the last $4,000 and
suggested that it would be worth it to just grant the $8,000 and be done with it.
Mr. Anderson stated that if Big River Film Co. raised $12,000, the City could give
them the other $4,000. He indicated that he did not necessarily want to wait to until
$20,000 was attained and be dealing with licensing and maybe wondering if the
post-production would be cut.
Mr. Neil noted, in regard to the 300th anniversary, that another organization was
attempting to raise money. He asked, if the film or any of the events produce money,
whether it would be used to offset the $8,000. Responding, Mayor Christiansen
stated that at least half of the money could come back to the City. He explained that
they were trying to recoup monies and not use City monies for any of the 300th
anniversary celebration items, noting that fireworks and things like that would
basically be self-sustaining.
Mr. Neil stated his understanding that there was a chance that the City would be
getting some of the money back and it would not come out of this particular fund if
the City is fortunate, which was confirmed by Mayor Christiansen. He explained that
the scale of economy and the City's budget do not dictate that the taxpayers’ money
should be spent on frivolous items, and that is why they had tried to set this event up
so that it would be self-sustaining while celebrating Dover’s history.
Mr. Neil moved to recommend providing initial seed money to Big River Film Co.
for a short film to celebrate the 300th year of Dover in the amount of $4,000, not to
exceed $8,000. The motion was seconded by Mr. Shevock.
Responding to Mr. Hare, Mr. Neil confirmed that the motion was to recommend
giving $4,000 and that if Big River Film Co. comes back and states that they have
received another $4,000, the City will provide an additional $4,000.
Mr. Anderson proposed an amendment that if the City of Dover provides the seed
money, it would be put in writing that the City has the right to promote, market, and
share the film with its partners.
In response to Mr. Anderson, Mr. Cronk indicated that they would be happy to sit
down and talk with anybody to get those things ironed out, stating that he thought
papers should be drawn up.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 25
Mr. Neil and Mr. Shevock stated that they accepted Mr. Anderson’s amendment to
the motion.
Mayor Christiansen asked that the City’s right to promote, market, and share the film
with its partners be subject to the approval of the Acting City Manager and
Controller/Treasurer, and Mr. Hare stated that this would be fine.
Mr. Slavin noted that a positive vote during this Committee meeting would only
forward the Committee’s recommendation to Council for a final vote.
The Committee recommended providing $4,000 initial seed money to Big River Film
Co. for a short film to celebrate the 300th year of Dover, that if Big River Film
Company comes back and states that they have received another $4,000, the City will
provide an additional $4,000, and that if the City of Dover provides the seed money,
it will be put in writing that the City of Dover has the right to promote, market, and
share the film with its partners.
During the Council meeting, Mr. Lewis advised that he had requested this item to be pulled from the
Consent Agenda because he thought it unfair that there was not a full Council and also that
Mr. Polce, as a new Council member, should be brought up to speed on this issue.
Mr. Lewis moved to defer this item to the next Council meeting when there is a full Council,
seconded by Mr. Sudler.
Mr. Hare advised that he would not be present at the next Council meeting.
Mayor Christiansen stated, as a point of order, that Mrs. Traci McDowell, City Clerk, had pointed
out that there would not be a full Council until the meeting held after the Special Municipal Election.
Mr. Lewis asked if there were time constraints on this issue or if it could wait until Mr. Hare returns.
Responding, Mr. Hare stated that Big River Film Co. had indicated that they needed it to move
forward fairly quickly. He advised that there had been only one (1) dissenting vote at the Committee
meeting. Mr. Hare expressed his belief that the matter should be voted on during this evening’s
meeting and those who did not care about promoting the City of Dover could vote it down.
Mrs. Donna Mitchell, Acting City Manager, stated that there was some urgency because the
Big River Film Co. had indicated that if the City did not move this matter forward, they would not
have enough time to get the film completed for the 300th anniversary celebration.
Mr. Lewis expressed his understanding that the two (2) gentlemen from the film company were
going to obtain additional funding from other funding sources because it would take $20,000 to
complete the project.
Mrs. Mitchell explained that Big River Film Co. wanted $8,000. She stated that a motion was made
to recommend fronting them $4,000, and they would then get matching seed money and return to
the City for a second $4,000. Mrs. Mitchell advised that the City would help with the first $4,000
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 26
so that Big River Film Co. could show that they had made a valiant effort to get funding, which
would help them obtain other funding.
Mr. Lewis indicated that he had no objection to hearing this matter during this evening’s meeting
if there was an urgency and asked if there was an urgency. In response, Mrs. Mitchell stated that she
believed there was an urgency.
Mr. Lewis withdrew his motion to defer this matter, and Mr. Sudler withdrew his second to the
motion.
Mr. Slavin moved for approval of the Committee’s recommendation to provide $4,000 initial seed
money to Big River Film Co. for a short film to celebrate the 300th year of Dover, that if Big River
Film Company comes back and states that they have received another $4,000, the City will provide
an additional $4,000, and that if the City of Dover provides the seed money, it will be put in writing
that the City of Dover has the right to promote, market, and share the film with its partners. The
motion was seconded by Mr. Cole.
Mr. Sudler stated that he had no reservations or conflicts with preserving history and was all for this;
however, he felt the timing was off. He indicated that there were more pressing matters, such as
homelessness, noting that the Mayor’s Blue Ribbon Panel on Homelessness was doing a great job
addressing some of the concerns. Mr. Sudler advised that he did not feel comfortable putting forth
$8,000 when something could be put forth to help the homeless, stating that $10,000, $5,000, or even
$2,500 could be put aside to assist with some of the food costs for helping to feed the homeless. He
stated that it was disingenuous to spend $8,000, knowing that there are homeless constituents who
come to almost every Council meeting asking for assistance. Mr. Sudler indicated that something
needed to be done before spending money on a film.
Mr. Lewis stated that he concurred with Mr. Sudler and noted that he had voted against this
recommendation at the Committee meeting. He expressed his belief that there were more important
priorities in the City for which this money could be utilized. Mr. Lewis noted that there were people
starving on the street and the Fire Department needed a new hose because theirs was about to break.
He stated the need to prioritize where money would be used and could not support the measure.
Mr. Lewis noted that he had no objection to preserving history and was in favor of this; however,
he suggested that the City could have reached out to local universities that have communications
departments, including Wesley College, Delaware State University, or the University of Delaware.
He noted that students who are majoring in communications could have done a film on Dover and
this would have helped them.
Mr. Neil advised that there are times when, in order to get the money to help the homeless, you have
to promote your city to bring in business, stating the need to let the light shine rather than bury it.
He stated that this film would last forever and would be used by Kent County Tourism on their
website and in their promotion of the City to draw people in. Mr. Neil noted that many of the
homeless are not from Dover and are staying outside the City in a church. He stated that if the City
was to help them, members should think about bringing in more business and promoting what the
City does. Mr. Neil indicated that the $4,000 would be seed money and the $8,000 amount would
only come into play when a match is there.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 27
Mr. Neil noted that the money would come from the community, which is the same community that
supports the homeless through a number of different programs, such as the Interfaith Mission for
Housing and Code Purple. He stated that if the money goes to the homeless, it will be gone;
however, if it is invested in what is being done to attract people to Dover, the City will be helping
the homeless, or helping to purchase fire hoses, in the long run instead of the short run. He stated
that the film would be part of the 300th anniversary program that he will support, noting that he had
already indicated his willingness to help with his discretionary funds.
Mr. Anderson stated that all of his colleagues had made valid points. He indicated that he was glad
to hear the point being raised about those in need in the community, which had to start taking a
higher priority. Mr. Anderson expressed his hope that certain initiatives that members would be
bringing forth over the new year would receive the support of this Council. He stated that he also
agreed with Mr. Neil and noted the need for the City to promote itself. Mr. Anderson advised that
tourism is a major factor in economic growth; however, growth was also about the City being able
to promote itself to other economic factors, such as big and small businesses. He explained that this
was one (1) of the reasons that he had included in the motion that the City would reserve the right
to keep a copy of the film and have the rights to use it to promote and market the City.
Mr. Anderson stated that the City would not just be giving money away for the film but would be
utilizing a public/private partnership, paying only 40% of the money and receiving 100% of the
results. He advised that this is a proven formula that had been test marketed already, and in a small,
private test marketing, there were 100,000 hits, bringing recognition to the City of Dover.
Mr. Anderson stated that this effort was not being put together as a scheme, and he explained that
the individuals involved were people who were known in the community, who had done a good job
in the past and wanted to do a true work worthy of Dover’s tricentennial. He indicated that he
thought this was a once in a lifetime, or at least once in a career, opportunity that should not be
missed.
Mr. Anderson noted that the second factor is preserving the City’s history, explaining that it is not
a small matter. He indicated that in 50 years what was done with $8,000 of a $130M budget will not
be remembered, but the art will be remembered, and this should be taken into account.
Mr. Anderson advised that a third factor is timing, noting that doing this right would take time. He
explained that he had looked at the costs of utilizing university assets, such as Delaware State
University, and found that the Big River Film Co. was spending a good deal to make the film, was
not making money off it, and was certainly not paying themselves for their time with the amount
being charged. Mr. Anderson advised that they were investing in a labor of love for the City and
raising money to market it, and all they wanted from the City was some seed money and an
endorsement. He noted that the endorsement would mean a lot because once people in the business
community and others see that the City favors the project, it will make obtaining additional money
easier. Mr. Anderson advised that people do not want to help you if you are not willing to help
yourself.
Mr. Slavin stated that he supported funding the film. He noted that being a Council member is not
easy and requires balancing a lot of interests that may compete with one another. Mr. Slavin
explained that Council has many priorities, including police, fire, flowers, Christmas lights, soccer
leagues, the electric utility, trash collection, and dozens of other activities that must be balanced and
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services that must be performed. He stated that members cannot put a single thread in front of them
and say until this problem is solved, they will not move on to the next one, or Dover will quickly
become a City that gets absolutely nothing done.
Mr. Slavin agreed with Mr. Lewis about the need to prioritize what is spent and noted that this is
done in the budget. He stated that the budget that was passed had money tucked away for economic
development for purposes of promoting the City. Mr. Slavin noted that this money would now be
taken from there and leveraged so that the return would be much greater than the initial investment.
He indicated that he would support the film because the City had to promote itself and noted that
economic development was not just sitting in an office waiting for the phone to ring or jobs to come.
In addition, Mr. Slavin stated that he would take every chance he gets to support the arts and cultural
activities in the City because it improves the quality of life, and constituents want the quality of life
to remain very high in the City.
Mr. Sudler noted that his mother had always told him that avoiding an immediate problem creates
a bigger one. He stated that the homeless epidemic would likely not only impede economic growth
but affect the crime rate, which had increased. Mr. Sudler questioned what would happen when
businesses come to downtown Dover with a false sense of what the City is selling them, and they
see how the homeless epidemic impedes their potential profit and growth. He asked how it would
be explained when the homeless are urinating near their businesses and the downtown smells like
urine. Mr. Sudler stated that he respectfully disagreed with his colleagues and that the City keeps
kicking the can down the street. He indicated that Mayor Christiansen had done a great job with the
Mayor’s Blue Ribbon Panel on Homelessness, and he was ready to assist them in any way he could.
Mr. Lewis stated his respect for Mr. Neil and Mr. Anderson and for their comments regarding
marketing; however, he noted there were no guarantees that the film would promote the City and
attract people. He stated that, when this matter was considered by the Council Committee of the
Whole, he had asked the gentlemen from Big River Film Co. how they intended to promote the City
and if this would be national, and they indicated that the film would be on YouTube and Facebook,
and there would be no premieres in movie theaters or at the theater in the Dover Mall. Mr. Lewis
noted that the City’s priorities were budgeted; however, he thought there was a need to take care of
other things, such as homelessness and the Fire Department, which needed a new hose. Mr. Lewis
advised that the money could be used for other things rather than giving it to this company to create
a short film. He asked if this matter was brought before the 300th anniversary committee, noting that
this committee had not come to Council stating that they wanted to do a short film.
In response to Mr. Lewis, Mayor Christiansen explained that the company’s original request was
scheduled for consideration by the Economic Development Committee. (City Clerk’s Office Note:
The Seed Funding Request from Big River Film Co., LLC for a Short Film to Celebrate the 300th
Year of Dover was scheduled for consideration by the Economic Development Committee on
April 12, 2017; however, due to the lack of a quorum of members, this meeting was not held.)
Mr. Lewis asked if there was a 300th anniversary committee and if the film company had brought
this request to them. In response, Mayor Christiansen advised that there is a group working on
behalf of the City’s 300th anniversary; however, he was unable to answer if the film company had
gone to them. Mr. Lewis stated that there were a lot of unanswered questions and he could not
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 29
support this because there were no guarantees, and he thought that leftover economic development
funds could be used for more dire needs.
Mr. Hare noted that Delaware State University had been mentioned and stated that the City had used
Delaware State University before for projects that had cost more than $4,000 and gotten very little
return. He stated that there is more to economic development in Dover than just downtown Dover
and Loockerman Street, and that if the City had to count on downtown Dover for the City’s
economic development it would be in sad shape. Mr. Hare commented that, having been in Dover
since 1971, downtown Dover had primarily maintained what it was. Regarding guarantees, he stated
that he had heard much about the need to do things for the homeless but had not seen a proposal.
He asked Mr. Lewis to put a proposal in writing and a recommendation about where to get the
money, stating that he had only heard that there was no need to spend funds that should be spent for
the homeless. Mr. Hare indicated that if it was guaranteed that $4,000 would help the homeless or
end homelessness, this would be okay; however, $4,000 would not solve the homeless problem.
Mr. Hare stated that he supported the Committee’s recommendation and that Mr. Anderson had
brought up a lot of good points. He noted that the money was put there for economic development
and was a small amount of money when looking at a $130M budget. Mr. Hare stated that there
would not be a film premiere; however, he noted that the City would have a tape, and if members
wanted to have a reception and show it at the Schwartz Center, it would be up to them. He indicated
that the film was being made for the City and, at the price, was a bargain. Mr. Hare advised that he
favored helping the homeless; however, in the past week he had some experiences with this, noting
that when he had tried to help, they had not returned calls. He indicated that he had encountered
many homeless at Dover Downs that were not well off. Mr. Hare reiterated that a plan was needed
since any funds that members consider allocating are funds that could be spent for the homeless. He
cautioned members that more homeless people may be attracted from out of State. Mr. Hare advised
that he supported the film and thought it was a good thing for the City of Dover.
Mr. Lewis stated that the Mayor’s Blue Ribbon Panel on Homelessness had a plan that they would
present to the City within a short time frame. He asked if members would rather give this $8,000
or $4,000 to the film instead of feeding the hungry. Mr. Lewis indicated that homelessness was just
one (1) situation and there were other needs in the City, such as a new hose for the Fire Department.
He stated that if members would rather take the money to give to a film company for a short film
which was not guaranteed to attract people to the City of Dover, so be it; however, he would rather
take the money and help those in need.
The motion for approval of the Committee’s recommendation to provide $4,000 initial seed
money to Big River Film Co. for a short film to celebrate the 300th year of Dover, that if Big
River Film Company comes back and states that they have received another $4,000, the City
will provide an additional $4,000, and that if the City of Dover provides the seed money, it will
be put in writing that the City of Dover has the right to promote, market, and share the film
with its partners carried by a roll call vote of six (6) yes (Mr. Anderson, Mr. Neil, Mr. Cole,
Mr. Polce, Mr. Hare, and Mr. Slavin) and two (2) no (Mr. Sudler and Mr. Lewis).
Evaluation of Proposals - Fiscal Year 2017-2021 Audit Services
Mrs. Donna Mitchell, Acting City Manager, informed members that the City of
Dover Finance Department solicited proposals to professional accounting firms
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 30
for the annual audit services on February 14, 2017. She indicated that, on
March 24, 2017 the City received six (6) proposals in response to the Request for
Proposals (RFP) and all proposals contained the mandatory elements. Mrs. Mitchell
advised that CliftonLarsenAllen LLP has 100 U.S. locations with approximately
5,000 staff, which would provide the City with one (1) of the country’s largest and
most knowledgeable pools of public sector resources. She noted that they serve over
2,000 governmental clients nationwide. Mrs. Mitchell stated that the proposal
submitted by SB & Company included a preference for Minority Business
Ownership, as certified by the State of Delaware, and the proposal for Zelenkofske
Axelrod LLC included a local vendor preference, and each of these preferences
provides for a 3% allowance on the proposed prices.
Staff recommended approval of CliftonLarsenAllen LLP for the audit
services contract not to exceed the fixed prices provided in the proposal dated
March 24, 2017.
The Committee recommended approval of CliftonLarsenAllen LLP for the audit
services contract not to exceed the fixed prices provided in the proposal dated
March 24, 2017, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lewis and carried by a unanimous roll call vote.
Downtown Dover Business Improvement District (BID) Budget and
Assessment (Tax) Rates for Fiscal Year 2017-2018
Mrs. Donna Mitchell, Acting City Manager, reviewed the Business District
Improvement (BID) Assessment (Tax) Rates for Fiscal Year 2017-2018. She stated
that the City of Dover is required by Code to bring forth the BID tax ordinance each
year at this time. Mrs. Mitchell advised that the recommendation was to keep the bid
tax rate at zero (0), as it was last year, so there would be no BID tax.
Staff recommended approval of the proposed budget and assessment (tax) rates for
Fiscal Year 2017-18, as presented.
The Committee recommended approval of the proposed budget and assessment (tax)
rates for Fiscal Year 2017-18, as presented.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lewis and carried by a unanimous roll call vote.
Mr. Sudler moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Neil and unanimously carried.
Mr. Sudler moved for acceptance of the Council Committee of the Whole Report, seconded by
Mr. Neil and unanimously carried.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 31
MONTHLY REPORTS - MARCH 2017
By motion of Mr. Neil, seconded by Mr. Lewis, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Manager’s Report
City Planner’s Report
Controller/Treasurer’s Budget Report
Police Chief’s Report
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JANUARY,
FEBRUARY, AND MARCH)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
March 31, 2017.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of March 31, 2017. The motion was seconded by Mr. Lewis and
carried by a unanimous roll call vote.
2017/18 CITY COUNCIL ANNUAL APPOINTMENTS - APPOINTED STAFF MEMBERS
Members of Council considered Staff Appointments for 2017/18, as follows:
City Assessor - Cheryl A. Bundek
Acting Building Inspector - David S. Hugg III
City Clerk - Traci A. McDowell
Assistant City Clerk - Denise L. Devine
Controller/Treasurer - Donna S. Mitchell
Assistant Controller/Treasurer - Lori Peddicord
Assistant Treasurers - Denise L. Devine
- Traci A. McDowell
Fire Marshal - Jason A. Osika
City Solicitor - Nicholas H. Rodriguez
Deputy City Solicitor - William W. Pepper, Sr.
Mr. Sudler moved to defer Staff Annual Appointments until there is a full Council but no later than
the first Council meeting in July. The motion was seconded by Mr. Lewis.
Mr. Anderson moved to amend the motion to state that the current staff members will
continue to serve in their capacities until these items are voted on. The amendment was
seconded by Mr. Neil, and unanimously carried.
In response to Mr. Slavin regarding the reasoning for delaying the appointments for two (2) months,
Mr. Sudler stated that this was related to a full Council.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 32
Mr. Slavin stated that, per the City’s Charter, there is a full Council when there is a vacancy. He
noted that many votes had been taken since Mr. Hosfelt departed and also when Mr. Sudler or other
members were not present. Mr. Slavin stated his opinion that things are not deferred when people
are not available, otherwise Council would be in a position of not getting much done.
Mr. Sudler advised that this was not about people not being here, but about giving the new
Councilperson the opportunity to participate in the process.
Mr. Hare noted that in the past some new Council members had abstained from voting because they
did not know the people being appointed, and he questioned what would happen if the new member
feels the same way. Responding, Mr. Sudler advised that it would be fine if they did, but he wanted
them to have the opportunity to abstain or research this issue.
Mr. Slavin indicated that he understood what Mr. Sudler was saying but could not support it and
would vote no on the motion. He stated that, as a Council, it is the business of the City to appoint
the people who will be Council’s Staff. Mr. Slavin explained that Council is asked to make these
appointments at the Annual Meeting, not to wait until someone’s term begins after the Annual
Meeting. He noted that there was currently a unique set of circumstances; however, he indicated that
the term for the new Council member would not begin until well after the Annual Meeting.
Mr. Hare stated that members knew this was coming up and probably should have addressed any
issues before this meeting. He indicated that it is assumed when coming to a meeting that members
have already vetted everything and researched it.
Mayor Christiansen requested the City Clerk to read the motion so all members would be familiar
with what they were voting on. Responding, Mrs. Traci McDowell, City Clerk, stated that the
motion was to defer the immediate appointment of Staff members until there is a full Council but
no later than the first meeting in July, and that current members continue to serve in their capacities
until these items are voted on.
The motion to defer the immediate appointment of Staff members until there is a full Council but
no later than the first meeting in July, and that current members continue to serve in their capacities
until these items are voted on failed by a roll call vote of five (5) no (Mr. Neil, Mr. Cole, Mr. Polce,
Mr. Hare, and Mr. Slavin) and three (3) yes (Mr. Anderson, Mr. Sudler, and Mr. Lewis).
Mr. Slavin moved to approve the appointments as presented. The motion was seconded by
Mr. Cole and carried by a roll call vote of six (6) yes (Mr. Anderson, Mr. Neil, Mr. Cole,
Mr. Polce, Mr. Hare, and Mr. Slavin) and two (2) abstentions (Mr. Sudler and Mr. Lewis).
Mr. Hare asked Mr. Nicholas Rodriguez, City Solicitor, if those who abstain from voting on an issue
have to state a reason. Responding, Mr. Rodriguez stated that this was correct. Mr. Hare asked if
the two (2) members who abstained from voting on the previous motion had to state their reasons.
Mr. Rodriguez stated his understanding that these members had stated before that they were not
completely familiar with those up for reappointment; otherwise, he indicated that it would be good
to have the reasons on the record. Mr. Hare noted that he did not think that was the reason; however,
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 33
he yielded the floor. Mr. Sudler advised that, at the present moment, that was his reason. Mr. Lewis
stated that he felt uncomfortable with the process.
Mr. Sudler stated his recollection that at one (1) point there was a discussion regarding providing a
reason why someone went against the Planning Commission’s recommendation and asked if this was
the same ordinance that was now being applied. Responding, Mr. Rodriguez advised that many
times Council members had stated that they had a conflict of interest in voting on an issue and this
had been the normal procedure.
Mr. Sudler requested, for the record and to educate himself as a Councilman, that Mr. Rodriguez
provide Council with the ordinance about abstentions that Mr. Hare was referring to, and
Mr. Rodriguez stated that he would be glad to do so.
Mr. Anderson stated his understanding that if there is no conflict a person does not have to state a
reason for abstaining. He noted that a person can do so, and this was recommended to provide a
record for planning issues, but it was not required. Mr. Anderson asked if it would suffice for
someone to vote present, which would not be an abstention. Responding, Mr. Rodriguez stated that
he thought it was good to get it on the record why a person is not voting and this is what they had
tried to follow in the past. He indicated that he thought it was a good idea to follow this because if
the City went to court on an issue and there were questions, a person’s reason for abstaining from
voting would be known.
Mr. Lewis advised that, if this was the case, Council had been violating its own ordinance because
he did not recall when individuals who abstained had given a reason. Responding, Mr. Rodriguez
stated that abstentions are rare, he had not heard very many, and he thought that most of the time
there had been some statement of the reason for abstention. He indicated that he thought this had
been pretty well followed over the years that he had been with the City.
Mayor Christiansen advised that the City Solicitor would respond with timely research.
2017/18 CITY COUNCIL ANNUAL APPOINTMENTS - COMPENSATION COMMISSION
Mr. Sudler moved to defer the Compensation Commission appointments since no names were
submitted for ratification. The motion was seconded by Mr. Neil and unanimously carried.
2017/18 COUNCIL PRESIDENT ANNUAL APPOINTMENTS
Mr. Slavin requested to defer the Council President Annual Appointments since the election of the
Council President had taken place earlier in the meeting and the appointments were not ready.
Mr. Slavin moved to defer the 2017/18 Council President Annual Appointments and that the
existing Committee members serve until they are replaced. The motion was seconded by
Mr. Neil and unanimously carried.
2017/18 MAYORAL ANNUAL APPOINTMENTS
Mayor Christiansen requested that the 2017/18 Mayoral Annual Appointments be deferred until
May 22, 2017.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 34
By consent agenda, Mr. Neil moved to defer the 2017/18 Mayoral Annual Appointments until
May 22, 2017, as requested by Mayor Christiansen. The motion was seconded by Mr. Lewis
and carried by a unanimous roll call vote.
RESOLUTION NO. 2017-06 AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER, DELAWARE - CONTROLLER/TREASURER,
ASSISTANT CONTROLLER/TREASURER, AND ASSISTANT TREASURERS
Mr. Sudler asked who would be fulfilling the job description for Assistant Treasurer and if there was
a separate job description with pay. Mayor Christiansen stated that Mrs. Donna Mitchell, Acting
City Manager, would be the Controller/Treasurer. Mrs. Mitchell explained the Assistant Treasurers
are the City Clerk and Assistant City Clerk, stating her belief that this is in the City’s Code or
Charter. She stated that when the City had only a Finance Director and City Clerk, the City Clerk
was always the second signer. Mrs. Mitchell noted that the Charter had been maintained in that
regard, except her title had changed to Controller/Treasurer and both the Controller/Treasurer and
City Clerk now had assistants. She advised that it takes two (2) people to authorize bank transfers,
so if she is on vacation, Ms. Lori Peddicord, Assistant Controller/Treasurer, takes care of the
transfers, and either Mrs. Traci McDowell, City Clerk, or Ms. Denise Devine, Assistant City Clerk,
serves as the second approver. Mrs. Mitchell explained that having four (4) approvers keeps
business and money flowing when staff has to do wires for debt service.
Mr. Sudler asked if this was within the job description of the City Clerk or if this was a separate job
description. Responding, Mrs. Mitchell indicated that she believed that it was in the City Clerk’s
job description but that she would have to look. Mr. Sudler stated that he would like to have that
information.
Mr. Hare stated his understanding that these are basically titles for the City Clerk’s Office staff and
there is no additional pay. In response, Mrs. Mitchell stated that there is no additional pay and that
this arrangement is basically for back-up purposes. She noted that the City Clerk’s Office receives
copies of the warrants and wires issued.
Mr. Lewis asked if the Clerk’s Office only signs the checks. Responding, Mrs. Mitchell stated that
they receive the warrants, look them over, and keep them on file. She explained that this was part
of checks and balances and a segregation of duties. Mrs. Mitchell indicated that the Clerk’s Office
staff is the second party that does approvals when the Finance Department needs back-up, but they
also receive a copy of the warrants so that they have them for the archives. She stated that they also
check to make sure that what is on the forms is actually what was transferred.
Mr. Lewis asked if the Clerk’s Office staff was like a witness, and Mrs. Mitchell stated that they
were and that this arrangement was for checks and balances.
Mr. Lewis asked if a financial background was required, and Mrs. Mitchell stated that a financial
degree was not needed to do this. She stated that the Clerk’s Office staff does a fine job in this
regard.
By motion of Mr. Slavin, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted
Resolution No. 2017-06, as follows:
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 35
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, and Assistant Treasurers 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;
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:
Donna S. Mitchell - Controller/Treasurer
Lori Peddicord - Assistant Controller/Treasurer
Traci A. McDowell - Assistant Treasurer
Denise L. Devine - Assistant Treasurer
ADOPTED: MAY 8, 2017
FIRST READING - PROPOSED ORDINANCE #2017-06
Ordinance #2017-06 Amending Chapter 70 - Offenses and Miscellaneous Provisions, Section
70-2 - Weapons Generally
Mayor Christiansen reminded the public that copies of the proposed ordinance were available at the
entrance of the Council Chambers, on the City’s website at www.cityofdover.com under
“Government,” or by contacting the City Clerk’s Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
May 22, 2017.
Mr. Cole advised members that Major John Murphy had advised that there were 13 public schools
in the State of Delaware that have a marksmanship program. He explained that Police Chief Mailey
had gone to the high school to review the program with Major Murphy. Mr. Cole indicated that the
City Solicitors had reviewed the ordinance and approved the changes in it, and Dr. Dan Shelton,
Superintendent, Capital School District, and the President of the Capital School Board were also in
agreement and supportive of the ordinance.
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 36
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 #2017-06 AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS
PROVISIONS, SECTION 70-2 - WEAPONS GENERALLY
ACTING CITY MANAGER’S ANNOUNCEMENTS
Mrs. Donna Mitchell, Acting City Manager, announced that the giveaway of free leaf compost and
wood chips at Schutte Park would continue on Fridays, May 12th, 19th, and 26th, and on Saturdays,
May 13th, 20th, and 27th. She noted that the times were from 8:00 a.m. - 2:30 p.m. on Fridays and
from 9:00 a.m. to 3:00 p.m. on Saturdays.
Mrs. Mitchell advised that the Arbor Day tree planting at South Dover Elementary School was
scheduled for May 10, 2017 with the Department of Public Works Grounds Division, Delaware
Department of Agriculture, and Mayor Christiansen.
Mrs. Mitchell informed members that water operator personnel from the Department of Public
Works Water Treatment Production Division had been nominated for the Water/Wastewater
Professionals Team Award. She noted that the award ceremony would be held at Delaware
Technical and Community College on May 11, 2017, with the staff and Mayor Christiansen in
attendance. She requested Council members who would like to attend to let staff know and the time
would be provided.
Mrs. Mitchell thanked all City staff who provided assistance for Dover Days over the past weekend,
stating that everyone had done a fantastic job and she appreciated their support.
COUNCIL MEMBERS’ ANNOUNCEMENTS
Mr. Sudler advised that on May 18, 2017 at 6:30 p.m. in the Council Chambers at City Hall there
would be a community meeting to discuss restoration ideas for Dover Park. He asked everyone to
come out and support this discussion, which is very important to moving forward with Dover Park
and other parks.
Mr. Slavin reminded everyone that the First District Special Election would be held on
Tuesday, May 16, 2017, with the polls being open from 7:00 a.m. to 8:00 p.m. He advised that the
polling place will be the Elks Lodge at 200 Saulsbury Road.
Mr. Neil moved for adjournment, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 9:09 p.m.
TRACI A. McDOWELL
CITY CLERK
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ANNUAL CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 37
All ordinances, resolutions, motions, and orders adopted by City Council during their Annual
Meeting of May 8, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2017\05-08-2017 Council Minutes.wpd
Paj 44
Certificate of Congratulations
presented to
Dover High School Speech and Debate Team
A team of students from Dover High School's Speech and Debate class showcased their
knowledge of the United States Constitution and their outstanding communication skills by
capturing the State title in the "We the People" Competition held on February 13, 2017 in
Smyrna, Delaware. The team also represented Delaware at the National Finals of the
Competition, organized by the Center for Civic Education and held in Washington, DC from
April 21- 2 4, 2017, where they placed higher than any other previous Delaware team. The City
ofDover congratulates the following students for their remarkable achievement:
Cassandra Cordie MuskanKaur
Reginald Daniel SooHanKim
Mai Gibson Daniel Larlham
Anmol Gill Maxim Nikolenko
Andrew Honeycutt Crystal Solomon
Barry Jones Grace Young
The entire team and Ms. Molly Phillips, History and Social Sciences Teacher and Speech and
Debate Advisor, are commended for their hard work, dedication, and commitment.
May 22, 2017
TIMOTHY A. SLAVIN
COUNCIL PRESIDENT
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PROCLAMATION
WHEREAS, Community Action Agencies were created when the Economic Opportunity Act of
1964 was signed into law, and currently there are approximately one thousand such agencies
serving the underprivileged in the United States; and
WHEREAS, First State Community Action Agency has been committed to working with
individuals and communities to overcome the challenges of unemployment, homelessness,
substandard living conditions, and hunger in Delaware since 1966; and
WHEREAS, First State Community Action Agency has made an essential contribution to
individuals and families in Delaware by providing innovative and cost-effective programs that
enable them to improve their lives and living conditions; and
WHEREAS, Delaware and the entire country must continue to promote economic security and
ensure that all citizens are able to live with dignity by providing support and opportunities for
those in need of assistance.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELA WARE, do hereby proclaim May 2017 as
COMMUNITY ACTION MONTH
in the City of Dover in recognition of the hard work and dedication of First State Community
Action Agency.
istiansen
Mayor
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PROCLAMATION
WHEREAS, public works services are an integral part of the daily lives of those in our community, and
the support of an understanding and informed citizenry is vital to the efficient operation of public works
systems and programs, such as facilities management, fleet maintenance, grounds and parks maintenance,
solid waste collection and recycling, street and stormwater management, water production, and water and
wastewater operations and maintenance; and
WHEREAS, the health, safety, and comfort of this community greatly depend on the quality and
effectiveness of public works facilities and services, whose engineering, construction, and inspection are
vitally dependent upon the efforts and skill of the City of Dover Public Works Department staff; and
WHEREAS, the efficiency of the qualified and dedicated personnel of the Public Works Department is
materially influenced by the people's attitude and understanding of the importance of the work that the
Department performs; and
WHEREAS, the American Public Works Association 2017 National Public Works Week theme, "Public
Works Connects Us," speaks to the essential nature of public works services in support of everyday quality
of life.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 21-27,2017 as
Public Works Week
in the City of Dover, and urge all citizens and organizations to learn more about the issues involved in
providing public works, and to recognize the contributions that dedicated Public Works Department
employees make every day to our health, safety, comfort, and quality of life.
Mayor
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Board Members Economic Development and Marketing and Promotion
Gregory V. Moore, P.E., President Restructuring Committee Tonda Parks, Chair
Anita Evans, Vice President Mitchell May, Esq, Chair Stephanie Adams
Maxine Lewis, Secretary Mayor Robin Christiansen, Wanda Anderson
Mitch May, Esq., Treasurer Ex Officio Tina Bradbury
Councilman David Anderson Tony DePrima Laura Cantor-Chupp
Senator Brian Bushweller Michael Harrington, Sr Jan Crumpley
Mayor Robin Christiansen, Kirby Hudson Margery Cyr
Ex Officio Joe McDaniel Lucy Findlay
Robert Clark, Wesley College Charlie Rodriquez Will Grimes
Lucy Findlay Jonathon Street Lt. Chris Hermance
Councilman William Hare Erin Thwaites Kerri Hollyday
Michael Harrington, Sr. Ann Marie Townshend Danielle Jonigan
Scott Koenig Jason Wallace Rene McGlothlin
Diane Laird, DEDO Tracy Miller
Representative Sean Lynn Parking and Safety Committee Jeff Moore
Tim Slavin, Council President Anita Evans, Chair Heather Patosky
Todd Stonesifer Ann Marie Townshend Claudette Richards
John Tinsley Jed Hatfield Eleanor Siyon
Ann Marie Townshend LT Christopher Hermance, DPD Tom Smith
John Van Gorp Jason Russell Mary J. Stewart
Wendie Vestfall Ted Nutter Katrina Sullivan
Ron Poliquin Nena Todd
DDP Administration Jonathon Street Sarah Zimmerman
Joan M. Cote, Executive Director Tom Smith
Tina Bradbury, Ops Manager
Merchant Committee
Design Committee Tom Smith, Chair
Kristin Pleasanton, Chair Agnes Aigle
Tricia Arndt Hassan Azhar
Reginald Chandler Brandon Cohen
Carlton Gall Jan Crumpley
Carrier Hart Lucy Findlay
Dawn Melson-Williams Jeanne Francis
Elena Stewart Gary Knox
Tiffany Lee-Scott
Jenny Mabus
Penny Reynolds
Todd Stonesifer
Erin Thwaites
Domonique Williams
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Director’s Note our Members, City Staff and local safe treats from First Responders,
Citizens. Companies and Organizations. Committee
DDP continues to bring qual- The evening wrapped up with Accomplishments
ity of life resources and programs dancing and a costume competi- -USDA Grant Funding $8,850
to our Loockerman Way Plaza by tion. The Partnership’s Home for utilized to promote Farmer’s
providing a centralized venue for the Holidays and St Patrick’s Day Market, First Friday’s and
a diverse variety of entities who Parades were supported by enthu- host Inspiration Course Series
reach out to our citizens; NCALL, siastic committees lead by local for Entrepreneurs & Business
CenDel, Independent Resources, Citizens and DDP Staff which Owners
Dover Public Library. Dover brought hundreds of families to -Technical assistance to Façade
World Outreach, The Benita Show, the downtown area for entertain- Grant applicants
Foundation for A Better Tomor- ment, dining and camaraderie. -Awarded six Façade Grants
FY2016 brought significant row, Breast Cancer Awareness, The coming year will bring an totaling $12,000
change to the Downtown Dover Communities In School, Wesley encompassing Strategic Planning -Designed/purchased spring-
Partnership with a new beginning Farmer’s Market sales were
College, Dover Art League, MLK process to celebrate our history, sunmer & fall-winter-themed
in the last quarter of 2016 after highlight where we are today and $56,494.17 up from $15,312.00
Community Educational Center. welcome banners
a period of inactivity over the Dover Youth Advisory. D3, Girl determine our promising future sales in 2015. Proudly the first
-Visual Assessment Worksheets
summer. With a dedicated Board Scouts, United Way and Delaware with a redefined mission and market in the state to take on the for business properties
of Directors, outstanding support Parents Association. focused vision for the future of summer food service program -Collaborated with Dover Art
from the City and 2 new Staff We collaborated with the Dover Downtown Dover. We have all the in conjunction with the USDA League on “Postcards” exhibit
Members, we are enthusiastically Police Department for a Hallow- pieces of a diverse puzzle and will and working with Capital School -Developed a holiday shop-
looking forward to collaborating een Parade & Safe Treat or Treat- work tirelessly planning for and District serving 578 children this ping program, Down-
with our Committee Members to ing Program which was successful fulfilling a vision for a vibrant, summer. DDP speaks annually town Passport to Savings
improve the Downtown District. beyond our wildest expectations beautiful and historic downtown! - Reorganized First Friday as
at Department of Agriculture
The Partnership’s investment with thousands of families enjoy- an arts and entertainment event
meetings about the success of our
at 112 South New Street went to ing the activities and parade from - Merchant strategic planning
closing with NCALL purchasing
Joan M. Cote Small Business Saturday program. We are the only market
Loockerman Plaza to Legislative session identifying areas to
the property and through grant Executive Director encourages people across the in Kent County and within a 45
Mall followed by displays and be improved such as Safety,
funding converting the property country to support small, local mile radius supporting the WIC
Marketing, Assisting New
into new family housing. We businesses. The Downtown Farmers Market Program, taking Businesses and improving
welcomed new businesses includ- Dover Partnership has been the in $1,070; more than any market communication
Partnership Real Estate Holdings
ing ME (The Moving Experience) in the state. We took on the EBT -Offered Free Metered
champion in seeing our down-
Real Estate, Petite Sweets, La 120 S. Governors Ave./Auto Plus..................................................$1,030,000 program this year where recipi- Parking During Holidays
Baguette Bakery & Catering, Blu 22-24 W. Loockerman St................................................................$1,853,842
town merchants are supported
by teaming up with American ents can utilize their card at the -Maintenance of Parking Lots
Vintage Boutique and the Grand 133-135 S. Governors Ave.................................................................$248,745
market to purchase nutritious -Increased Number of Permits
Re-Opening of Bel Boutique to 139-143 S. Governors Ave.................................................................$295,184 Express to rally our neighbor-
222 Railroad Ave.. ................................................................................$56,746 items and eat healthier. in the Bradford Street Lot
our increasingly vibrant down- hood to come out and shop
238 Railroad Ave.. ..............................................................................$151,091 -Capital Holiday Celebration
town district. small! We also hosted an arts, -Home For The Holidays
East Side of N. West St. Parcel #1.....................................................$243,000
We welcomed Governor John 680 & 684 Forest Street .....................................................................$674,267
crafts and gift fair along with -Santa House
Carney hosting his budget reset Loockerman & North Street Lots - Collegian ..........................$1,308,563 food trucks in the Loockerman -Holiday Window Decorating
session in conjunction with our North St. Parking Lot - Leasehold Improvements ........................$501,242 Way Plaza providing more op- Contest
monthly Board of Directors portunities for people to shop -Capital City Farmers Market
Meeting with a standing room Total Buildings & Land........................................................ $6,362, 680
small! -St. Patrick’s Day Parade
only audience and feedback from -First Friday/First Weekend
-Small Business Saturday
-Halloween Event in Partner-
ship with Dover PD
-Supported Caroling on The
Green
-Distributed 90+ media re-
leases and generated significant
positive press
-Supported Dover Comic-Con
Paj 49
Office of City Assessor
Exemption Audit 2016
May 22, 2017
Paj 50
ACTION FORM
CITY COUNCIL
PROCEEDING: Board of Assessment Appeals AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: ASSESSOR DATE SUBMITTED: MAY 22 2017
PREPARED BY: CHERYL BUNDEK
SUBJECT: EXEMPTION AUDIT
APPROVALS: CITY COUNCIL
EXHIBITS: 1. Minutes from Audit 2. April 26 2017 Hearings 3. Approved Properties 4. Denied Properties
TIME TTIMETABLE: To become effective upon City Council Approval
RECOMMENDED ACTION: Recommend that the Exemption Audit Project and all recommendations from the Board of
Assessment Appeals Committee be approved
BACKGROUND AND ANALYSIS
In October 2016, the first notification went out to the properties that we had currently classified as Exempt (approximately
360 properties). They received a letter explaining the Exemption Audit and a Verification of Eligibility Form to be returned
no later than December 30 2016.
The Board met on February 9, 22, 23 and March 15 to discuss all of the exempt properties. At the end of the March 15,
2017 meeting, they had 33 properties that they either did not have enough information to make a decision or that they felt
did not meet the requirements of an exempt status. These 33 properties were given notice on March 16 th that they had until
April 14th to submit another application and additional information to request a hearing with the Board of Assessment
Appeals Committee. Of the 33 properties, only 16 properties were brought before the Board of Assessment Appeals
Committee on April 26 2017. The Board is recommending that all of the properties that were approved administratively
during the February and March meetings be approved, as well as the 16 properties from the April 26 hearing. There were
a couple of properties that they would like to have come back for various reasons (explanations and time frames are included
in the motions and minutes of the April 26 hearings.) The approved spreadsheet includes these 16 properties.
The 17 remaining properties have been given notice that they can reapply for exempt status during our regular appeal
period. They were given a deadline of May 1, 2017 at 5PM.
Reminder: These lists do not include the government agencies and public schools.
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Board of Assessment Appeals
February 09, 2017
The Board of Assessment Appeals was brought to order by Chairman Garfinkel.
Board Members present were: Chairman William Garfinkel, Tom Burns, James
Galvin, Jim Welsh and John Kelly. Staff present was City Assessor Cheryl A.
Bundek and Administrative Assistant Annette Hart.
Chairman Garfinkel called the meeting to order at 9:08 A.M.
1. Exempt Audits not returned - Approved
1. Open Spaces
A. Acorn Farms LTD – Open Spaces
B. Emerald Pointe Maintenance Co. – Open Spaces
C. Four Seasons HOA – Open Spaces
D. Fox Hall Plantation Co. – Open Spaces
E. Hamlet HOA – Open Spaces
F. Westfield Maintenance Corp. – Open Spaces
G. Westover LLC – Open Spaces
H. Stoney Creek HOA – Open Spaces
I. Robino-Sea Chase LLC – Open Spaces
J. Fox Meadows Joint Venture – Open Spaces
K. First Flag Inc. – Open Spaces
L. Village of Westover – Open Spaces
M. Village of Cannon Mill HOS Inc. – Open Spaces
N. Maple Glen HOA – Open Spaces
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2. Churches
A. Second Baptist Church
1. 407 W Loockerman St.
2. 409 W Loockerman St.
B. Peoples Congregation Church
1. 46 S Bradford St.
2. 46 S Bradford St. (Rear)
C. Congregation of Jehovah’s Witnesses
1. 1260 College Road
3. Other
A. Blood Bank
1. 221 Saulsbury Road
B. Charter School Inc.
1. 346 Pear Street
2. 310 Pear Street
3. Clara Street
C. The Salvation Army
1. 611 Forest Street
D. Sunset Memorial Gardens
1. College Road
E. Delaware Railroad Real Estate Agent
1. New Burton Road
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0. Mr. Kelly & Mr. Burns were absent for this
motion.
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2. Exempt Audits not returned –more information required
A. Delaware Civic Center Corporation
1. Crawford Carroll Ave.
2. 1528 N DuPont Hwy.
3. Crawford Carroll Ave.
B. Aid in Dover Inc.
1. 801 W Division St.
2. 731 W Division St.
C. Mom’s House Inc. of Dover
1. 864 S State St.
D. Kent Sussex Community Service Inc.
1. 1241 College Park Dr.
E. Southern States Coop Inc.
1. Fulton St.
F. Presbyterian Homes Inc.
1. 1175 McKee Rd.
2. College Rd.
G. University of Delaware
1. 69 Transportation Cir.
H. JJ & B Enterprises GP
1. 52 Horsepond Rd.
J. Delaware State University
1. 430 College Road
2. 1200 N DuPont Hwy.
3. 1570 N DuPont Hwy.
4. 255 College Rd.
K. Delaware State University Foundation Inc. & Wesley College Inc.
1. 226 S State St.
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L. Bible Way Temple Church
1. 54 S Kirkwood St.
2. 60 S Kirkwood St.
3. 64 S Kirkwood St.
4. 48 S Kirkwood St.
M. Central Delaware Oncology Center Inc.
1. 793 S Queen St.
N. Cendel Foundation
1. 101 W Loockerman St.
2. 156 S Bradford St.
3. 158 S Bradford St.
O. Christian Life Center
1. S DuPont Hwy.
P. Washington District Advisory Board Church of Nazarene
1. 1430 McKee Road
Q. Kent County Theater Guild Foundation
1. 140 Roosevelt Ave.
R. Love Temple Church of God
1. 1057 S Governors Ave.
S. Pennsylvania Lines LLC
1. S West St.
2. New Burton Rd.
T. Jireh Christian Center Inc.
1. 2161 Forrest Ave.
U. Iglesia Christiana Marantha
1. 1207 E Division St.
V. First United Pentecostal Church
1. 4462 W Dennys Rd.
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W. Dover Housing Authority
1. 117 Holmes St.
2. 319 N New St.
3. 402 S New St.
4. 13 S New St.
X. Calvary Baptist Church
1. 2285 Forrest Ave.
Recommended Action: To obtain the requested information.
The Board of Assessment Appeals went through the information provided and
discussed each of these properties separately and found that more information is
needed to make the proper determination.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0. Mr. Kelly and Mr. Burns were absent for this
motion.
3. Exempt Audits not returned - Denied
A. Delaware State Housing Authority
1. 22 Gristmill Pl.
Recommended Action: The status should be changed from exempt to taxable.
The Board of Assessment Appeals discussed each of these properties separately.
The Board of Assessment Appeals discussed this property, Mrs. Bundek, the City
Assessor, explained that this property has not been exempt from property taxes in
the past. It was purchased by the Delaware State Housing Authority in 2016, and
was automatically changed to exempt status. This should be changed back to
taxable status, because the organization did not request an exemption, plus the
mailing address goes to a bank.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0. Mr. Kelly and Mr. Burns were absent for this
motion.
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Paj 56
4. Exempt Audits for Churches - Approved
A. Grace Presbyterian Church Inc.
1. McKee Road
2. 1016 College Road
3. 350 McKee Road
4. 1022 College Road
B. New Jerusalem Baptist Church
1. 25 Jerusalem Way
2. Land Jerusalem Way
3. Jerusalem Way
C. Church of the Holy Cross
1. 631 S State St.
2. 414 N New St.
3. 422 N New St.
D. Trustees of the Peninsula
1. 139 N State St.
2. 141 N State St.
E. Seventh Day Adventist Church
1. 647 Wyoming Ave.
F. Delaware Conference of AME Church
1. 217 W Division St.
G. Calvary Baptist Church
1. 103 N Kirkwood St
2. 434 Fulton St.
3. 410 Fulton St.
4. 34 N Queen St.
5. 32 N Queen St.
6. 401 Kesselring Ave.
E. St. Andrew’s Evangelical Lutheran Church
1. 425 N DuPont Hwy.
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Paj 57
F. Solid Rock Southern Baptist Church Inc.
1. 105 N. West St.
G. Priority Radio Inc.
1. Cell Tower
H. St. John’s Lutheran Church
1. 106 Pine St.
2. 113 Lotus St.
3. 109 Lotus St.
I. Christ Episcopal Church
1. 505 S State St.
2. 521 S State St.
3. E Water St.
J. Bethel Seventh Day Adventist
1. 19 N Queen St.
2. 25 N Queen St.
K. First Southern Baptist Church of Dover
1. 761 S Little Creek Rd.
L. Congregation Beth Shalom
1. 340 N Queen St.
M. Community Holy Tabernacle of Deliverance
1. 16 N Queen St.
N. Victory Christian Fellowship Inc.
1. 18 Greenhill Ave.
O. Church of the Living God
1. 117 N West St.
P. First Baptist Church
1. 301 Walker Road
2. Walker Rd.
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Paj 58
Q. The Presbyterian Church of Dover
1. 54 S State St.
2. S. Bradford St.
3. 316 S Governors Ave.
R. Bible Church of God Inc.
1. 1202 White Oak Rd.
2. Spruance Rd.
S. Trustees of Wesley Church
1. 215 S State St.
2. 30 Loockerman Plaza
3. 20 Loockerman Plaza
4. 219 S State St.
T. United Methodist Church
1. 140 Hazel Rd.
U. Wesley Methodist Church
1. N State St.
2. S Queen St.
3. S State St.
V. Wesley United Methodist Church
4. 15 E North St.
5. 11 E North St.
5. Exempt Audits for Charitable Organizations – Approved
A. Masonic Hall Corporation of Dover
1. 1478 Wyoming Mill Ave.
B. Delaware State Housing Authority
1. 16 The Green
2. 26 The Green
3. 1289 Walker Rd.
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C. Capitol Green Day Care Inc.
1. 744 River Rd.
2. 734 River Rd.
D. Lutheran Senior Services of Delaware
1. 430 Kings Hwy.
2. 422 Kings Hwy.
3. 430 Kings Hwy. I
4. 101 Babb Dr.
5. 430 Kings Hwy.
6. 1101 Babb Dr.
7. 101 Babb Dr.
8. Babb Dr.
9. 430 Kings Hwy. III
10. Oak Ln.
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately
and found that the information provided was sufficient to keep the exempt status.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 4-0. Mr. Burns was absent for this motion.
6. Exempt Audit – more information needed
A. Delaware Veterans Inc. Post 2
1. 720 Pear Street
B. Dover Federal Credit Union
1. Dover Air Force Base
C. Modern Maturity Center Inc.
1. 1121 Forrest Ave.
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Recommended Action: To obtain more information.
The Board of Assessment Appeals went through the information provided and
discussed each of these properties separately and found that more information is
needed to make the proper determination.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 4-0. Mr. Burns was absent for this motion.
Chairman Garfinkel adjourned the meeting at 2:56 P.M.
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Board of Assessment Appeals
February 22, 2017
The Board of Assessment Appeals was brought to order by Chairman Garfinkel.
Board Members present were: Chairman William Garfinkel, James Galvin and Jim
Welsh. Staff present was City Assessor Cheryl A. Bundek and Administrative
Assistant Annette Hart.
Chairman Garfinkel called the meeting to order at 9:20 A.M.
Before the board started to go over the Exempt Audits, the Assessor wanted to give
an update on a few questions the board had from the meeting held on February 09,
2017.
The Assessor talked to the Assistant City Manager regarding 101 S New Street and
222 W Reed Street, owned by Union AME Church, and was told that the church
wants to give 222 W Reed Street to the city, because the city demolished the
building on this property and has accumulated $21,000 in demolition fees, which
the church cannot pay. The Assistant City Manager would like for this property to
remain exempt. The property located at 101 S New Street is the actual church.
After a brief discussion Mr. Galvin made the motion to keep both properties
exempt, which was seconded by Mr. Welsh. Motion carried 3-0.
Mrs. Bundek went on to talk about the properties located at 425 & 429 W. Division
Street, owned by Holy Trinity Church of the Living God. The board had concerns
regarding a building located between these two properties. The Assessor drove by
these properties and found that the building between these two addresses had been
demolished.
Mr. Galvin was concerned that there would be a tax lien on this property for a
demolition. Mrs. Bundek offered to check on this.
Mr. Galvin made the motion to keep 425 W. Division Street as exempt, but request
more information regarding 429 W. Division Street, which was seconded by Mr.
Welsh. Motion carried 3-0.
During the February 9, 2017 meeting the board requested more information
regarding the leases for the Modern Maturity center, especially the medical center
located toward the back of the property. Mrs. Bundek told the board that she went
through the packet once she returned to her office and found that the lease
1
Paj 62
information was included in the packed.
She proceeds to go over the information provided.
Chairman Garfinkle was concerned that the medical center, which is part of the
Modern Maturity Center, was held as an investment property. Mr. Galvin raised
the question, whether only members were allowed to use the medical facility or
were non-members allowed as well? After some discussion the Board requested
the Assessor to get a legal opinion form deputy City Solicitor William P. Pepper
Sr. Esq. as well as mailing a letter to the Modern Maturity requesting them to meet
with the Board of Assessment Appeal, to answer any questions the board may
have.
1. Exempt Audits for Open Spaces – Approved
A. Silver Lake Townhouse Community
1. Silver Lake Drive
B. The Greens Town Meeting Association
1. 43 Lamplighter Lane
C. Village of Cannon Mill
1. Cannon Mill Drive
2. East Sheldrake Circle
3. Quillen Street
4. Loftland Drive
5. Paradee Drive
D. Fox Hall West Addition HOA
1. Pebble Valley Drive
E. Turnberry Maintenance Association
1. N Turnberry Drive
F. Meadows HOA
1. McKee Road
G. Westfield HOA
1. Arbor Drive
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H. Village of Westover
1. Trafalgar Drive
2. Westover Drive
3. Thames Drive
4. Charring Cross Drive
5. Northdown Drive
6. Westover Drive
I. Maple Glen HOA
1. Maple Glen Drive
J. Persimmon Park Place Condo Council
1. 110 Persimmon Circle
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately
and found that the information provided was sufficient to keep the exempt status.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0.
2. Exempt Audit for Fire Station – Approved
A. Robbins Hose Company
1. 911 Dover Kenton Road
2. 103 S Governors Avenue
3. 116 S Bradford Street
4. S Bradford Street
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed this property and found that the
information provided was sufficient to keep the exempt status.
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Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0.
3. Exempt Audits for Charitable Organizations – Approved
A. Planned Parenthood of Delaware
1. 805 S Governors Avenue
B. Dover Interfaith Mission for Housing Inc.
1. 1155 Walker Road
2. 523 Ross Street
C. Delaware Solid Waste Authority
1. 1116 S Bradford Street
D. Central Delaware Habitat for Humanity
1. 41 S Queen Street
2. 101 S Queen Street
3. 238 N New Street
4. 21 N Kirkwood Street
5. 23 N Kirkwood Street
6. 29 N Kirkwood Street
7. 24 N New Street
8. 20 N New Street
9. 12 N New Street
10. 19 N New Street
11. 27 N New Street
12. 20 S Kirkwood Street
13. 14 S Queen Street
14. 18 S Queen Street
15. 138 Cherry street
16. Cherry Street
17. 53 S New Street
18. 50 S Governors Avenue
19. 67 S Queen Street
20. 117 S Queen Street
21. 16 S Queen Street
22. 11 S New Street
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Paj 65
23. 478 Barrister Place
24. 534 Fulton Street
25. 118 N Ann Avenue
E. Elks Lodge BPOE 1903
1. 200 Saulsbury Rd
F. The Wellness Community-Delaware Inc.
1. 812 S Bradford Street
G. American Legion
1. 835 Bay Road
H. Dover Art League Inc.
1. 21 W Loockerman Street
I. Community Legal Aid Society Inc.
1. 840 Walker Road
J. National Council on AG Life & Labor
1. 363 Saulsbury Road
K. Dover Century Club
1. 40 The Green
L. Elizabeth Murphy School
1. 15 Kent Cir.
2. 12 Kings Hwy.
3. E Division St.
M. Peoples Place Properties Inc.
1. 381 College Rd.
2. 381 College Rd.
N. Chapter 850 Vietnam Affairs
1. 1549 Forrest Ave.
O. EJB Inc.
1. 327 Martin St.
2. 305 S Governors Ave. (New Request)
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Paj 66
P. YMCA
1. 1137 S State St.
2. 825 Kenton Rd.
R. The Milford Housing Development Corp.
1. 45 S Queen St.
2. 47 S Kirkwood St.
3. 200 Harmony Ln.
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately
and found that the information provided was sufficient to keep the exempt status.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0.
5. Exempt Audits for Charitable Organizations – More Information needed
A. Central Delaware Habitat for Humanity
1. 223 W Division St.
B. Edgehill Community Church
1. 702 Maple Pkwy.
C. Children’s Choice Property Two
1. 707 Walker Rd.
D. ADC I Inc.
1. 6 Bellrive Ct.
E. Peoples Place Properties Inc.
1. 165 Commerce Way
F. Capitol Grange NO. 18 Co.
1. 911 S Governors Ave.
2. S Bradford Ave.
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Paj 67
G. DIMA IX Inc.
1. 15 Pin Oak Dr.
2. 223 Mifflin Rd.
3. 456 E Loockerman St.
H. Union Missionary Baptist Church Inc.
883 Lincoln Street
I. Holy Trinity of the living God
1. 425 W Division St.
J. A & I Housing Inc.
1. 80 N Halsey Road
2. 728 Maple Pkwy.
3. 235 N New Street
Recommended Action: To obtain more information.
The Board of Assessment Appeals went through the information provided and
discussed each of these properties separately and found that more information is
needed to make the proper determination.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0.
4. Exempt Audits for Churches – Approved
A. Mount Zion AME Church
1. 3 Michael Court
2. 110 N New Street
B. Liberty Church Inc.
1. 1150 College Road
2. McKee Road
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C. Capital Baptist Church
1. 401 Kesselring Avenue
2. New Burton Road
D. Delaware Baptist Association
1. 967 N State Street
2. Lepore Road
3. N State St.
E. Whatcoat Methodist Church
1. 341 Saulsbury Road
2. Walker Road
3. Rodney Road
F. Edgehill Community Church of God
1. 710 Maple Parkway
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately
and found that the information provided was sufficient to keep the exempt status.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 3-0.
Chairman Garfinkel adjourned the meeting at 3:04 P.M.
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Paj 69
Board of Assessment Appeals
February 23, 2017
The Board of Assessment Appeals was brought to order by Chairman Garfinkel.
Board Members present were: Chairman William Garfinkel, James Galvin, Jim
Welsh, Tom Burns and John Kelly. Staff present was City Assessor Cheryl A.
Bundek and Administrative Assistant Annette Hart.
Chairman Garfinkel called the meeting to order at 9:07 A.M.
The Assessor started the meeting by going over the Exempt Audits the board had
questions on from the day before, to get the opinions of Mr. Burns and Mr. Kelly,
because they were not able to attend the February 22, 2017 meeting.
Chairman Garfinkel had concerns regarding some organization renting some of
their rooms to other non-profit organizations. His was questioning if the rent
charged would be for profit? Mr. Galvin and Mr. Burns felt that as long as the rent
charged was below the market, the organization was not making a profit but
helping other charitable organizations and using the money to further their
charitable organization. The board came to an agreement to ask those organizations
for their lease agreement and their Federal ID number, which should provide
enough information to make a determination regarding their exempt status. After
the board was done discussing some of those application and coming to a decision
whether to approve, deny or request more information, they continued to go over
the rest of the applications.
1. Exempt Audits for Educational Organizations – Approved
A. Wilmington University
1. 3282 N DuPont Hwy.
2. 3282 N DuPont Hwy.
B. Wesley College Inc.
1. 308 N Quillen St.
2. 119 W Division St.
3. 308 N Queen St.
4. 34 N State St.
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5. 44 N State St.
6. 28 N State St.
7. 22 N State St.
8. 9 N Bradford St.
9. 21 N Bradford St.
10. 120 N State St.
11. 115 N New St.
12. 300 S New St.
13. 34 S State St.
14. 30 Fulton St.
15. 200 N Governors Ave.
16. 202 N Governors Ave.
17. 213 N Bradford St.
18. 208 N Bradford St.
19. 511 Mary St.
20. 501 Clara St.
21. 18 N Governors Ave.
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately
and found that the information provided was sufficient to keep the exempt status.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 5-0.
2. Exempt Audits for Charitable Organizations – Approved
A. Bayhealth Medical Center
1. Beiser Blvd.
2. 1275 S State St.
3. 706 S State St.
4. 822 S Bradford St.
5. 804 S Bradford St.
6. 640 S State St.
7. 701 S Governors Ave.
8. 725 S Governors Ave.
9. 531 S Governors Ave.
10. 560 S Governors Ave.
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11. 208 Water St.
12. 540 S Governors Ave.
B. Milford Housing Development Corporation
1. 200 Harmony Lane
C. Delaware Veterans Inc. Post # 2
1. 720 Pear St.
Recommended Action: The exempt status for these properties to be continued.
The Board of Assessment Appeals discussed each of these properties separately
and found that the information provided was sufficient to keep the exempt status.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 5-0.
Mr. Burns recused himself from the vote pertaining to the Bayhealth Medical
Center. Motion for the Bayhealth Medical Center carried 4-0.
3. Exempt Audits – Need more information
A. Wesley College
1. 112 Fulton St.
2. 2 N Bradford St.
B. Capital Grange NO. 18
1. 911 S Governors Ave.
2. S Bradford St.
C. Edgehill Community Church of God
1. 702 Maple Pkwy.
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D. DIMA IV Inc.
1. 15 Pin Oak Dr.
2. 456 E Loockerman St.
3. 223 Mifflin Rd.
E. The Arc of Delaware
1. 6 Bellrive Ct.
F. A & I Housing Inc.
1. 80 N Halsey Rd.
2. 235 N New St.
3. 728 Maple Pkwy.
G. Modern Maturity Center
1. 1121 Forrest Ave.
H. Holy Trinity Church of the Living God
1. 429 W Division St.
I. Children Choice Property Two
1. 707 Walker Rd.
J. Peoples Place Properties Inc.
1. 165 Commerce Way
K. Central Delaware Habitat for Humanity
1. 223 W. Division St.
Recommended Action: To obtain more information.
The Board of Assessment Appeals went through the information provided and
discussed each of these properties separately and found that more information is
needed to make the proper determination.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 5-0.
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3.Exempt Audits – Denied
A. Mount Zion AME Church
1. 108 N Queen St.
2. 106 N Queen St.
3. 104 N Queen St.
4. 102 N New St.
5. 106 N New St.
6. 118 N New St.
7. 118 N New St.
B. Trustees of Mount Zion AME Church
1. 37 N Queen St.
C. Trustees of the AME Church
1. 35 N Queen St.
B. Delaware Solid Waste Authority
1. 801 Krisko Circle
2. 601 Krisko Circle
C. Bayhealth Medical Center
1. Parcel # 2 Horsepond Road
2. Parcel # 3 S Little Creek Road
D. Whatcoat AME Dover
1. 796 Miller Drive
E. Delaware Guidance Services for Children’s Youth Inc.
1. 103 Mont Blanc Blvd.
F. Union Missionary Baptist Church
1. Lot 8 Forrest Street
Recommended Action: The exempt status for these properties to be denied.
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The Board of Assessment Appeals went through the information provided and
discussed each of these properties separately and found that these properties are
not used for their intended purpose and therefore would go back on the tax roll, if
the owners would fail to formally apply for the exempt status during the month of
April and meet before the board.
Mr. Galvin made the motion to approve the recommendation, which was seconded
by Mr. Welsh. Motion carried 5-0.
Chairman Garfinkel adjourned the meeting at 11:10 A.M.
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Board of Assessment Appeals
March 15, 2017
The Board of Assessment Appeals was brought to order by Chairman Garfinkel at
9:06 A.M.
Board Members present were: Chairman William Garfinkel, James Galvin, Jim
Welsh and Tom Burns.
Staff present was City Assessor Cheryl A. Bundek and Administrative Assistant
Annette Hart.
The Assessor, Cheryl Bundek, presented the board with the letter she drafted, for
those properties that were denied the exemption by the Board of Assessment
Appeals due to various reasons. The letter would let the organization know that
their exempt status has been revoked and that they have the opportunity to re-apply
for the exemption and would meet with the Board of Assessment Appeals. The
letter will also state the assessed value and property tax amount due for the
July2017 billing.
The board proposed some minor changes and unanimously approve the letter after
the proposed changes were made.
Mrs. Bundek told the board that during a meeting with the City Manager she
discussed a piece of open space located in Marsh Creek which was taken of the tax
records the week prior to this meeting. Mr. Galvin made the motion to approve the
exemption which was seconded by Mr. Welsh. Motion carried 4-0.
The Assessor started the meeting by going over the properties the board
requested her, during earlier meetings, to get information from the City Manager.
A. Civic Center Association
1. Crawford Carroll Ave.
2. Crawford Carroll Ave.
3. 1528 N DuPont Hwy.
Mrs. Bundek read the email sent to her by the City Manager regarding the parcels
owned by the Civic Center Association, in which he stated that the properties were
signed over to the Delaware State University for the purpose of building a
Convocation Center and should remain exempt from property taxes.
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After some discussion Mr. Galvin made the motion to keep the 3 parcels exempt,
for the time being, which was seconded by Mr. Burns. Motion carried 4-0.
B. The New Parsonage LLC
1. Land at S. State St.
The Assessor went over the letter which had been written by Mr. McNamara,
letting the board know that this strip of land was taken over by the city, who placed
a mail box on this strip and has maintained this piece of land for quite some time.
She read the email she received from the city manager regarding this property, in
which it stated that the City Manager would like for the City Deputy Solicitor to
draw up a deed officially making this piece of land city owned property and to
keep this parcel exempt from taxes until the city officially owns it.
Mr. Galvin made the motion to keep this property exempt until the city officially
owns it, which was seconded by Mr. Burns. Motion carried 4-0.
C. Gillman Homes Inc.
1. 129 Periwinkle Dr.
2. N Caroline Pl.
In his email to the City Assessor the City Manager explained that 129 Periwinkle
Dr., which is a strip of land, should become property of the city and should
therefore remain exempt. The parcel, which is a parking lot should be transferred
to the Condo Association.
The board voted on each parcel separately:
1. 129 Periwinkle Dr.
Mr. Burns made the motion for this parcel to remain exempt, which was seconded
by Mr. Galvin. Motion carried 4-0.
1. N Caroline Pl.
Mr. Burns made the motion to place this parcel back on the tax roll, which was
seconded by Mr. Welch. Motion carried 4-0.
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The Assessor proceeded to go over information provided by those properties
which submitted the requested information, but the Board of Assessment Appeals
requested more information.
A. Holy Trinity Church of the Living God
1. 429 W Division St.
The board initially wanted to know what other functions the church was used for?
The Assessor received information from the church letting the board know that this
church is also used for small weddings, other church functions and the
“Breadbasket”. She was informed that no rent was charged for the use of this
church.
Mr. Galvin made the motion to continue the exempt status, which was seconded by
Mr. Burns. Motion carried 4-0.
B. Peoples Place Properties Inc.
1. 165 Commerce Way
Mrs. Bundek told the board that this organization provided the additional
information requested by the Board of Assessment Appeals and with this
information she was able to verify that the organizations renting rooms at this
location are non-profit organizations.
Mr. Burns made the motion to keep this property exempt which was seconded by
Mr. Galvin. Motion carried 4-0.
C. Capital Grange No. 18 Co.
1. 911 S Governors Ave.
2. S Bradford St.
The board went over the additional information provided by the organization.
Mr. Welsh made the motion to continue the exemption which was seconded by Mr.
Burns. Motion carried 4-0.
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D. Edgehill Community Church
1. 702 Maple Pkwy.
The Board of Assessment Appeals questioned the purpose of the piece of land next
to the church.
The organization send a message explaining that this piece is to be used for future
church expansion and is currently used for parking and occasional outdoor church
activities.
Mr. Burns made the motion to keep the property exempt which was seconded by
Mr. Welsh. Motion carried 4-0.
E. Wesley College
1. 112 Fulton St.
After the board went over the additional information provided by organization, Mr.
Galvin made the motion to keep this property exempt, which was seconded by Mr.
Burns. Motion carried 4-0.
F. Wesley College Inc.
1. 2 N Bradford St.
The board questioned the usage of this property and received explanation from the
college that this property is the college’s “Honor Student Residents Hall”, which
houses about 10 students.
Mr. Galvin made the motion to keep this property exempt, which was seconded by
Mr. Burns. Motion carried 4-0.
G. Central Habitat for Humanity
1. 223 W Division S
The board questioned the usage of the property. Chairman Garfinkel questioned
whether
this property was held as an investment property and wanted to get more
information from the organization. The Assessor read the email sent to her in
which is explained that this property is to be used for a future administration site
and is currently unoccupied due to the interior conditions.
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Mr. Galvin made the motion to keep this property exempt, to be reviewed at after
one (1) year, Mr. Burns seconded the motion. Motion carried 4-0.
H. Modern Maturity Center Inc.
1. 1121 Forrest Ave.
The board questioned if the leased facilities, such as the clinic, can only be used by
members only or if they are open to non-members as well. The board received an
answer back, explaining that the facility is not a club, but a service facility where
services provided can be used by members as well as non-members.
The board discussed the rental income, questioning if the rent collected from the
entities leasing the facilities was for profit, or was it low enough to where the
facility was leasing to non-profit organizations at a low rent and was the money
solely used for the upkeep of the facility? The board decided to keep the
organization exempt for now but to further examine the financial records of the
organization.
Mr. Galvin made the motion to keep the property exempt for now, but to defer the
motion for one year and to continue to look at case laws and financial facts, Mr.
Burns seconded that motion. Motion carried 4-0.
The Assessor started to go over those properties who initially turned in the
requested information, but did not return any additional information requested by
the board.
A. First Baptist Church
1. 3 N Bradford St.
Mrs. Bundek did some research regarding this property and presented her findings
to the board. She explained that there seems to be a problem with the parcel
number and requested to research this problem and make the necessary changes
once the problem has been found, at which time Chairman Garfinkel deferred the
matter back to the Assessor for the necessary research and correction. No action
required by the board at this time.
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B. A&I Housing
1. 80 N Halsey Rd.
2. 728 Maple Pkwy.
3. 235 N New St.
The Assessor went over information she received from the organization after she
contacted them via email. After some discussion Mr. Galvin made the motion to
continue the exemption, which was seconded by Burns. Motion carried 4-0.
C. ARC I Inc.
1. 6 Bellrive Ct.
The Assessor went over information she received from the organization after she
contacted them via email. After some discussion Mr. Galvin made the motion to
continue the exemption, which was seconded by Welsh. Motion carried 4-0.
D. DIMA IX Inc.
1. 15 Pin Oak Dr.
2. 223 Mifflin Rd.
3. 456 W Loockerman St.
The Assessor went over information she received from the organization after she
contacted them via email. After some discussion Mr. Galvin made the motion to
continue the exemption, which was seconded by Burns.
Motion carried 4-0.
Chairman Garfinkel had asked the Assessor to contact the following organization
to find out if they had permission from the State of Delaware and to obtain a copy
of their license.
P. Children’s Choice Property Two
1. 707 Walker Rd.
The board requested more information from the organization. The Assessor
contacted them via email and did not get a response back.
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Mr. Galvin made the motion to mail a denial letter, letting the organization know
that they have to request the exemption and meet with the Board of Assessment
Appeals, Mr. Welsh seconded the motion. Motion carried 4-0.
Mrs. Bundek proceeded to go over the properties which did not return the
requested information initially, but did respond after a second request letter had
been mailed out to those properties.
A. Love Temple Church of God
1. 1057 S Governors Ave.
The Assessor told the board that she did find out that the church has an active
occupancy permit. Mr. Galvin made the motion to continue the exemption, which
was seconded by Mr. Burns. Motion carried 4-0.
B. Kent Sussex Community Service Inc.
1. 1241 College Park Dr.
Mrs. Bundek tried to contact the organization by email and had not received
anything from them as of the time of the meeting. Mr. Galvin made the motion to
keep the exemption as long as the organization provides the requested information,
which was seconded by Mr. Welsh.
Motion carried 4-0.
C. University of Delaware
1. 69 Transportation Cir.
After some discussion Mr. Galvin made the motion to continue the exemption,
which was seconded by Mr. Welsh.
Motion carried 3-0. Mr. Burns recused himself from the vote.
D. Christian Life Center
1. 614 S Dupont Hwy.
After some discussion Mr. Galvin made the motion to continue the exemption,
which was seconded by Mr. Welsh. Motion carried 4-0.
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E. Cendel Foundation
1. 156 S Bradford St.
2. 158 S Bradford St.
3. 101 W Loockerman St.
After some discussion Mr. Welsh made the motion to continue the exemption,
which was seconded by Mr. Galvin. Motion carried 4-0.
F. Dover Housing Authority
1. 13 S New St.
The board was informed that this parcel is a vacant piece of land and is currently
not used for anything.
Mr. Galvin made the motion that this parcel should be back onto the tax roll, which
was seconded by Mr. Burns. Motion carried 4-0.
G. Dover Housing Authority
1. 402 S New St.
The board was informed that this parcel is a vacant piece of land and is not used
for anything.
In Mr. Galvin’s opinion this parcel is unusable, because of its location.
Mr. Burns made the motion to add this parcel back to the tax roll, which was
seconded by Mr. Welsh. Motion carried 3-1.
H. Dover Housing Authority
1. 319 N New St.
The Assessor went over the information provided by the organization.
Mr. Galvin made the motion to continue the exemption which was seconded by
Mr. Burns. Motion carried 4-0
I. Dover Housing Authority
2. 117 Holmes St.
The Assessor presented the information provided by the organization.
Mr. Burns made the motion to continue the exemption, which was seconded by
Mr. Galvin.
Motion carried 4-0.
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J. Pennsylvania Lines LLC
1. New Burton Road (track)
The Assessor presented the information provided by the organization.
Mr. Burns made the motion to continue the exemption, which was seconded by
Mr. Galvin. Motion carried 4-0.
K. Pennsylvania Lines LLC
1. New Burton Road (vacant land)
The Assessor presented the information provided by the organization.
Mr. Burns made the motion to add this piece of land back to the tax roll, which was
seconded by Mr. Galvin. Motion carried 4-0.
L. JIREH Christion Center Inc.
1. 2161 Forrest Ave.
The Assessor presented the information provided by the organization.
Mr. Galvin made the motion to continue the exemption, which was seconded by
Mr. Burns. Motion carried 4-0.
M. Presbyterian Homes Inc.
1. 1175 McKee Rd.
2. College Rd.
The Assessor presented the information provided by the organization.
Mr. Burns made the motion to continue the exemption for both properties, which
was seconded by Mr. Galvin. Motion carried 4-0.
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Mrs. Bundek started to go over the organizations who failed to return any
information even after a second request had been mailed.
A. Washington District Advisory Board
1. 1430 McKee Rd.
The Assessor told the board that the second letter was returned by the post office,
meaning they never received the request letter. She told the board that she found
out that this organization has an active church permit.
Mr. Burns made the motion to continue the exemption, which was seconded by
Mr. Welsh. Motion carried 3-0. Mr. Galvin was absent for this vote.
B. Mom’s House Inc. of Dover
1. 864 S State St.
The Assessor told the board that the requested information has not been submitted
to the office for review by the board.
The board agreed that since the organization failed to return the requested
information, they should be denied the exemption.
C. Aid in Dover Inc.
1.801 W Division St.
2. 731 W Division St.
The Assessor told the board that the requested information has not been submitted
to the office for review by the board.
The board agreed that since the organization failed to return the requested
information, they should be denied the exemption.
Mr. Burns made the motion to add both properties back to the tax roll, which was
seconded by Mr. Welsh. Motion carried 4-0.
D. Iglesia Christiana Marantha
1. 1207 E Division St.
The board discussed this property and found that this property is used as a church.
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Mr. Galvin made the motion to continue the exemption, which was seconded by
Mr. Burns. Motion carried 4-0.
E. Kent County Theater Guild Foundation
1. 140 Roosevelt Ave.
The board agreed that since the organization failed to return the requested
information, they should be denied the exemption.
Mr. Galvin made the motion to add the property back to the tax roll, which was
seconded by Mr. Burns. Motion carried 4-0.
F. First United Pentecostal Church
1. 4462 W Dennys Rd.
The board discussed this property and found that this property is used as a church.
Mr. Burns made the motion to continue the exemption, which was seconded by
Mr. Galvin. Motion carried 4-0.
G. Pilgrim Holiness Church
1. 1156 Governors Ave.
The board agreed that since the organization failed to return the requested
information for this property, they should be denied the exemption and put back on
the tax roll.
Mr. Burns made the motion to add the property back to the tax roll, which was
seconded by Mr. Galvin. Motion carried 4-0.
H. Calvary Baptist Church
1. 2285 Forrest Ave.
The Assessor explained to the board that this 75 AC lot had been annexed into the
City of Dover. She also found out that a building permit had been taken out for this
property, in the past for $4,445,000, but nothing was ever done.
The board agreed that since the organization failed to return the requested
information for this property, they should be denied the exemption and put back on
the tax roll.
Mr. Burns made the motion to add the property back to the tax roll, which was
seconded by Mr. Galvin. Motion carried 4-0.
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I. Southern States Coop Inc.
1. Fulton St.
The board agreed that since the organization failed to return the requested
information, they should be denied the exemption.
Mr. Welsh made the motion to add the property back to the tax roll, which was
seconded by Mr. Burns. Motion carried 4-0.
J. JJ & B Enterprises GP
1. 43 AC Horsepond Rd.
The board agreed that since the organization failed to return the requested
information, they should be denied the exemption.
Mr. Burns made the motion to add the property back to the tax roll, which was
seconded by Mr. Welsh. Motion carried 4-0.
K. Delaware State University
1. 430 College Rd.
After some discussion, Mr. Burns made the motion to continue the exemption,
which was seconded by Mr. Galvin. Motion carried 4-0.
L. Delaware State University
1. 255 College Rd.
After some discussion Mr. Galvin made the motion to continue the exemption,
which was seconded by Mr. Welsh. Motion carried 4-0.
M. Delaware State University
1. 1570 N DuPont Hwy.
After some discussion Mr. Burns made the motion to continue the exemption,
which was seconded by Mr. Galvin. Motion carried 4-0.
N. Delaware State University
1. 1200 N DuPont Hwy.
After some discussion Mr. Galvin made the motion to continue the exemption,
which was seconded by Mr. Welsh. Motion carried 4-0.
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O. DE State University Foundation Inc. / Wesley College Inc.
1. 226 S State St.
After some discussion, the board agreed that, since the organization failed to return
the requested information, they should be denied the exemption.
Mr. Burns made the motion to add the property back to the tax roll, which was
seconded by Mr. Galvin. Motion carried 4-0.
P. Bible Way Temple Church
1. 54 S Kirkwood St.
The board discussed this property and found that this property is used as a church
and has an active church license.
Mr. Burns made the motion to continue the exemption, which was seconded by
Mr. Welsh. Motion carried 4-0.
Q. Central DE Oncology Center Inc.
1. 793 S Queen St.
After some discussion, the board agreed that, since the organization failed to return
the requested information, they should be denied the exemption.
Mr. Burns made the motion to add the property back to the tax roll, which was
seconded by Mr. Galvin. Motion carried 4-0.
Meeting was adjourned at 1:59 P.M.
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Board of Assessment Appeals
EXEMPTION AUDIT
April 26, 2017
The Board of Assessment Appeals was brought to order by Chairman Garfinkel.
Board Members present were: Chairman William Garfinkel, Tom Burns and James Galvin, as
well as City Deputy Solicitor William W Pepper Sr., Esquire.
Staff present were City Assessor Cheryl A. Bundek and Administrative Assistant Annette Hart.
1. Delaware State University Foundation Inc. & Wesley College Inc
A. 226 S State St.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is currently exempt and is requesting to continue its exempt status. The mailing
address that we had for the property was not received by the person that needed to review. We
have made sure the mailing address reflects the correct recipient. The property owner has
submitted the proper documentation for our review.
Currently Exempt with Kent County
EXEMPTION REQUEST
$2,336,000
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
David Sheppard, General Council as well as Denese Lindsey, CPA were present for the meeting.
The Assessor, Cheryl Bundek started the hearing by explaining that the property owner did not
receive the initial Audit letter, due to a mailing address error and that the requested information
was provided as soon as they received the letter, but were too late to the administrative hearings.
Mr. Sheppard started by going over some of the information the organization submitted, also
mentioning that both of the organizations have the 501(c)3 Status.
After a brief discussion, regarding the organization, the Board found that they had enough
information to make a motion.
Mr. Galvin made the motion to keep the exempt status, which was seconded by Mr. Burns.
Motion carried 3-0.
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Mrs. Bundek informed the appellants, that the City Council has the final decision and that a
certified letter with the date of the Council Hearing would be mailed.
2. Children’s Choice Property Two
A. 707 Walker Rd.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is currently exempt and is requesting to continue its exempt status.
The property owner submitted documentation by the December 30, 2016 deadline, however the
Board requested more information by email on February 24 2017, giving a due date of March 10,
2017 for the March 15 Board meeting. The property owner did not respond before this hearing
date and therefore were preliminarily denied.
The property owner has submitted the proper documentation for our review, on March 17, 2017.
Currently Exempt with Kent County
EXEMPTION REQUEST
$542,100
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed
Present for the meeting was Margret Philips, General Council.
The Assessor told the board that the information requested for the exempt audit had been turned
in by the December 30, 2016 deadline, but that after the administrative review by the Board of
Assessment Appeals more information had been requested, which was not provided by the
property owner in a timely matter, which is why the exempt status had been denied, giving the
property owner the chance to come before the board of Assessment Appeal formally to request
the exempt status.
Mrs. Bundek told the board, that all of the requested information had been provided for this
hearing.
Ms. Phillips told the board that Children’s Choice Property Two Inc. is a non-profit organization,
which leases office space to non-profit organizations that specialize in foster care and adoption
services.
Chairman Garfinkel had some questions regarding the organizations IRS form 990, which were
answered by Ms. Phillips. She also mentioned that the organization has a State and Federal
contract, providing them with State and Federal funding.
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Mr. Burns made the motion to continue the exempt status, Mr. Galvin seconded the motion.
Motion carried 3-0.
Mrs. Bundek informed the appellant that the City Council was the final decision and that a
certified letter with the date of the Council Hearing would be mailed.
3. Calvary Baptist Church
A. 2285 Forrest Ave.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is currently exempt and is requesting to continue its exempt status.
The property was preliminarily denied because documentation was not provided to the Board by
the deadlines.
The property owner has submitted the proper documentation for our review, on March 30, 2017.
Currently Exempt with Kent County
EXEMPTION REQUEST
$1,881,800
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
No one from the organization was present for the hearing.
The Assessor started the hearing by letting the board know that the organization submitted the
requested information by March 30 ,2017, well after the deadline had past.
She proceeded to go over the information provided, in which it stated that the property at 2285
Forrest Ave consists of 76 acres of land, which was purchased to build a new Calvary Baptist
Church approximately 15 years ago. It was also explained that the church has not been able to
borrow any funds to build the new church nor has it been able to sell the current facility at which
time it was decided to lease 56 acres to Freeman Beachy owner of Beachy Farms for $90 per
acre at a total sum of $5,000 per year. (lease agreement was enclosed)
The letter also stated that those funds are deposited into an account which is slated for building a
new church.
Mrs. Bundek told the board that the records show that a permit for a new building in the amount
of $20,000 was taken out with the City of Dover Planning and Inspections department a number
of years ago, but nothing ever came of it.
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Mr. Burns asked Mrs. Bundek if a site plan had been submitted to the city at the time the permit
was taken out.
The Assessor told Mr. Burns that she had no knowledge about a site plan, at which time Mr.
Burns told the board that he would be comfortable with the exempt status if a site plan had been
submitted. He was disappointed that the organization did not feel it necessary to have a
representative present for the hearing.
Chairman Garfinkel shared Mr. Burns concern.
Mrs. Bundek asked for the City Deputy Solicitors opinion, at which time William W. Pepper Sr.
Esq. told the board that it is stated in the State Statue: “that property owned by a church and not
held by investment, is exempt”. Mr. Pepper pointed out that there is a similar case in Felton DE
were a church has owned a piece of property for 25 years with the intent to someday build a new
church.
Chairman Garfinkel’s concern was that one day a developer would try to buy the piece of vacant
land for a substantial amount of money, in his opinion the property is held by way of investment,
especially since it is leased as farmland.
After some discussion, Mr. Burns asked the Assessor what her opinion was, at which time she
told the board that she would go with the Deputy Solicitor’s advice, as he is the one that would
have to defend the decision.
Mr. Galvin expressed his concern about the size of the lot, in his opinion the lot is too big for just
a church, he was wondering what the organization is planning on using the access land for?
Chairman Garfinkel reiterated that in his opinion the property should be taxed for the following
reasons, the property is held for investment purposes, especially since the land is currently leased
by a farmer and the church is receiving payment and the fact that the property could be sold to a
developer at any time.
After further discussion Mr. Galvin made the motion to keep the property exempt which was
seconded by Mr. Burns.
Motion carried 2-0, Chairman Garfinkel opposed the motion.
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4. Kent County Theatre Guild Foundation
A. 140 Roosevelt Ave.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is currently exempt and is requesting to continue its exempt status.
The property was preliminarily denied because documentation was not provided to the Board by
the deadlines.
The property owner has submitted the proper documentation for our review, on March 17, 2017.
Currently Exempt with Kent County
EXEMPTION REQUEST
$227,900
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
Paul Janiga was present for the hearing.
The Assessor told the board that the exempt status had been denied because the organization
failed to submit the requested paperwork by the requested time. Mrs. Bundek told the board that
all of the paperwork has since been turned in.
Mr. Galvin asked if the facility is leased out to different singers. Mr. Janiga explaining that the
organization rents out the facility to provide a venue for artists and that the profits go back into
the operation.
Mr. Burns made the motion to continue the exempt status, which was seconded by Mr. Galvin.
Motion carried 3-0.
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5. Union Missionary Baptist Church
A. Land – Forest St.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is not currently exempt.
The Board denied this property for an exemption request in 2012, the property is not adjacent to
the church. It is not a paved parking lot.
The property owner submitted an exemption application for a hearing for our review, on March
27, 2017.
Currently Exempt with Kent County
EXEMPTION REQUEST
$25,200
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
Mr. Fred Way, Treasurer was present for the hearing.
Chairman Garfinkel asked the Assessor to start the hearing by explaining why the property was
denied the exempt status.
Mrs. Bundek told the board that the exempt status had been denied by the board due to the fact
that the parcel is not adjacent to the church and is not a paved parking lot. The board discussed
the property at the March 2017 meeting and had more questions, therefore denying the exempt
status prompting the owner to come before the Board. Mrs. Bundek provided the Board with an
aerial picture, giving a visual of the property.
Mr. Burns explained to the other board members, by looking at the picture and the map of this
property, that this parcel falls within a unique circumstance, due to the fact that the property
located between the church and the parcel in question cannot be purchased as it is an alley that
has not been abandoned. In his opinion the church would own this property would it not be an
alley, making the property in question, contiguous to the church property and therefore eligible
for the exempt status.
Mrs. Bundek told the board that this property is currently not exempt, but is being considered
because the church submitted the application at the time the audit papers for the other properties
the church owns were submitted.
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Chairman Garfinkel asked Mr. Way if the church had considered combining the properties into
one parcel. He pointed at a property which shows the property line going through a house. Mr.
Way explained that that home was a rental property which is currently rented out. The Assessor
asked Mr. Way if this property was exempt and told the board that she would have to look at that
once she gets back to the office.
Mr. Burns made the motion to approve the exempt request, Mr. Galvin seconded the motion.
Motion carried 3-0.
Chairman Garfinkel made the motion to instruct the Assessor to review the property located at
922 Forest St., Mr. Burns seconded the motion.
Motion carried 3-0.
The Assessor reviewed the record of 922 Forest St. during recess and found that this property is
taxed and does not have the exempt status, she informed the Board once they were back in
session.
6. Moms House Inc. of Dover
A. 864 S State St.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is currently exempt and is requesting to continue its exempt status.
The property was preliminarily denied because documentation was not provided to the Board by
the deadlines.
The property owner has submitted the proper documentation for our review, on March 20, 2017.
Currently Exempt with Kent County
EXEMPTION REQUEST
$148,200
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
7
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Ms. Amanda Penuela, Director was present for the hearing.
The Assessor started the hearing by letting the Board know that the organization had failed to
submit the requested documentation by the December 2016 deadline which lead to the denial of
the exempt status by the board.
The organization did submit the proper documentation on March 20, 2017.
Ms. Penuela told the board that her organization has created an administrative website, which
contains the information requested by the board, making it easy to attain the information.
Chairman Garfnkel asked Mr. Penuela for a brief description of the organization.
She told the board that the organization provides free child care for low income, widowed or
divorced woman, allowing them to return to school full time. The organization also provides
those mothers with child care, nutritional and financial education. The organization is funded
through private donations; it is not funded though Federal funds. Ms. Penuela told the board that
thy also raise a lot of funds with the “Delaware Dancing with the Stars” event.
Mr. Burns made the motion to continue the exempt status, Mr. Galvin seconded the motion.
Motion carried 3-0.
7. Delaware Guidance Services
A. 103 Mont Blanc Blvd.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The property is currently exempt and is requesting to continue its exempt status.
The property was preliminarily denied because the Board did not feel that the property met the
criteria for Exemption. A hearing was requested. (The property owner did submit the original
documentation by the deadline of 12/30/16)
The property owner has submitted the proper documentation for our review, on March 23, 2017.
Currently Exempt with Kent County
EXEMPTION REQUEST
$1,819,300
8
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RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
Mr. Hauge, Chief Financial Officer, was present for the hearing.
The Assessor started the hearing by letting the board know that the exempt request had
preliminarily been denied, because the Board had question. She also assured the Board that all of
the requested paper work had been turned in by the organization.
Chairman Garfinkel has some questions regarding the organizations IRS form 990, which were
answered by Mr. Hauge.
Mr. Hauge told the board that the organization mostly provides mental health counseling services
for children of low income families. He explained that the organization does get paid for their
services, but that since they serve low income families covered by Medicade they are considered
a non-profit organization. The rest of the revenue comes from State Grants, United Way Funds
and donations.
The facility is open to the public and does not turn down any patients even if they do not have
the money or insurance to pay for their services.
Mr. Hauge told the board that there are 5 offices located in the State of Delaware.
Mr. Burns made the motion to continue the exempt status, which was seconded by Mr. Galvin.
Motion carried 3-0.
8. Mount Zion AME Church
A. 108 N Queen St.
B. 106 N New St.
C. 106 N Queen St.
D. 104 N Queen St.
E. 102 N New St.
F. 118 N New St. (122-124 N New St. per church records)
G. 118 N New St. (118-120 N New St. per church records)
H. 35 N Queen St. (new request 2016 & 2017)
I. 37 N Queen St.
9
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BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
Preliminarily denied by Board in March 2017. Properties are “for Future Development”. They
are not adjacent to the existing church
Currently Exempt with Kent County
RECOMMENDED ACTION: Recommend that the request for exemption be reviewed.
Present for the hearing were:
Mr. Ellis Louden, Pastor
Huey Moore, President of Trustee Board
Kelley Pitts, Administrative Assistant and member of Trustee Board
The Assessor opened the hearing by letting the board know that the organization had turned in all
of the paperwork at the requested dead line and that the board wanted to meet with the
organization because they had questions regarding the vacant pieces of land. She also mentioned
that the board had already approved to continue the exempt status for the church and a piece of
land right next to the church.
The board members decided to go over 35 and 37 N Queen Street separately.
35 N Queen Street Exempt Request $117,100
37 N Queen Street Exempt Request $9,900
When asked what these parcels are used for the Pastor told the board that the church struggles
with parking spaces for their services, which was what these two parcels were currently used for.
Chairman Garfinkel asked what the church is going to use the lot located at 35 N Queen Street
for once the house has been demolished. Pastor Louden said that they are planning on using that
parcel as a parking lot as well.
When asked if the organization is planning on improving those lots, such as putting gravel or
stone down, so they may use it as a parking lot without having to take out any permits, the Pastor
told the board that he had concerns regarding stones due to the location of those lots. His concern
is that the rocks would become projectiles.
10
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Chairman Garfinkel asked what the organizations timeline for the black top was. The Pastor
replied that they are hoping to have that done within the next 5 (five) years.
Chairman Garfinkel suggested the motion to include a time line in which the two lots should be
improved.
Mr. Burns made the motion to exempt the properties located at 35 and 37 N Queen Street
conditioned on a 3 (three) year time line from the final City Council hearing to have the lots
converted into improved parking lots. Mr. Galvin seconded the motion. Motion carried 3-0.
The Assessor suggested the board to review the following properties next:
108 N Queen Street - Exempt Request $4,500
106 N Queen Street – Exempt Request $10,800
104 N Queen Street – Exempt Request $10,200
Chairman Garfinkel asked what the organization is using these properties for. Pastor Louden
explained that they are currently used for excess parking, but that the church is looking to build a
Christian Center on the lots next to the church on either side, what side they have not decided yet
what side yet.
Chairman Garfinkel wanted to know what time line the church had in mind, Pastor Louden was
hoping that within the next 5 (five) to 7 (seven) years.
Mr. Burns pointed out that the church is probably buying the lots as they become available over
time, in hopes to grow the church. He also wanted to add the following lot to the motion:
106 N New Street – Exempt Request $38,100
102 N New Street – Exempt Request $9,900
Mr. Burns made the motion that all of the above mentioned properties continue with the exempt
status conditioned on a 3 (three) year timeline from the final City Council hearing to have a plan
in place and to be looked at by the Assessor’s Office, Mr. Galvin seconded the motion.
Motion carried 3-0.
The next properties discussed were:
118 N New Street (122 -124 N New Street per church records) Exempt Request $35,700
118 N New Street (118-120 N New Street per church records) Exempt Request $33,400
11
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Mr. Galvin asked if these two lots are also currently used for parking. Pastor Louden replied that
these two lots are seldom used for anything. He told the Board that the organization talked about
using them for a community garden for the time being.
The Board Members agreed that these lots should be used for something other than just vacant
lots. They liked the idea of using them as a community garden, benefitting the community.
Mr. Galvin made the motion to continue the exempt status for both of the properties, with a one-
year review by the Assessor, Mr. Burns seconded the motion. Motion carried 3-0.
The Assessor let the organization know that the 2016 property taxes due for the parcel located at
35 N Queen Street will be waived once Council approves the exempt request during the May 22,
2017 council meeting.
Meeting was adjourned at 2:18 P.M.
12
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Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-068.18-02-74.00 80 N HALSEY RD A & I HOUSING INC 109,900
ED05-068.18-05-41.00 728 MAPLE PKWY A & I HOUSING INC 102,200
ED05-076.08-02-63.03 235 N NEW ST A & I HOUSING INC 107,700
ED05-076.08-03-38.00 107 N QUEEN ST A M E CHURCH OF DOVER 10,800
ED05-068.19-02-85.00 SHADYBROOK ACORN FARMS LTD 52,300
ED05-067.13-02-29.00 6 BELLRIVE CT ADC I INC 181,100
ED05-076.08-03-37.00 101 N QUEEN ST AFRICAN M E CHURCH OF DOVER 551,400
ED05-077.00-01-21.00 835 BAY RD AMERICAN LEGION 1,739,000
ED05-076.15-01-03.000.003 BEISER BAYHEALTH MEDICAL CENTER INC 2,715,400
ED05-086.05-02-13.00 1275 S STATE ST BAYHEALTH MEDICAL CENTER INC 679,800
ED05-077.13-02-38.00 706 S STATE ST BAYHEALTH MEDICAL CENTER INC 177,600
ED05-077.13-02-08.00 822 S BRADFORD ST BAYHEALTH MEDICAL CENTER INC 97,400
ED05-077.13-02-12.00 804 S BRADFORD ST BAYHEALTH MEDICAL CENTER INC 233,700
ED05-077.13-01-52.00 640 S STATE ST BAYHEALTH MEDICAL CENTER INC 87,160,200
ED05-077.13-02-01.00 701 S GOVERNORS AVE BAYHEALTH MEDICAL CENTER INC 332,600
ED05-077.13-02-02.00 725 S GOVERNORS AVE BAYHEALTH MEDICAL CENTER INC 200,100
ED05-077.13-01-24.00 531 S GOVERNORS AVE BAYHEALTH MEDICAL CENTER INC 282,300
ED05-077.13-01-25.01 560 S GOVERNORS AVE BAYHEALTH MEDICAL CENTER INC 3,069,000
ED05-077.13-01-14.00 208 W WATER ST BAYHEALTH MEDICAL CENTER INC 526,300
ED05-077.13-01-18.00 540 S STATE ST BAYHEALTH MEDICAL CENTER INC 7,769,000
ED05-076.08-05-05.00 25 N QUEEN ST BETHEL SEVENTH DAY ADVENTIST 306,300
ED05-076.08-05-06.00 19 N QUEEN ST BETHEL SEVENTH DAY ADVENTIST 32,100
ED05-068.14-03-55.00 1202 WHITE OAK RD BIBLE CHURCH OF GOD INC 166,300
ED05-068.14-03-56.00 SPRUANCE RD EXT BIBLE CHURCH OF GOD INC 900
ED05-076.08-06-16.00 48 S KIRKWOOD ST BIBLE WAY TEMPLE CHURCH 133,300
ED05-076.08-06-17.00 54 S KIRKWOOD ST BIBLE WAY TEMPLE CHURCH 1,022,800
ED05-076.08-06-18.00 60 S KIRKWOOD ST BIBLE WAY TEMPLE CHURCH 11,500
ED05-076.08-06-19.00 64 S KIRKWOOD ST BIBLE WAY TEMPLE CHURCH 23,300
ED05-067.19-02-12.00 221 SAULSBURY RD BLOOD BANK 2,601,100
ED05-076.08-03-17.00 103 N KIRKWOOD ST CALVARY BAPTIST CHURCH 67,600
ED05-076.08-04-43.00 434 FULTON ST CALVARY BAPTIST CHURCH 9,200
ED05-076.08-04-44.00 410 FULTON ST CALVARY BAPTIST CHURCH 891,100
ED05-076.08-04-45.00 34 N QUEEN ST CALVARY BAPTIST CHURCH 10,000
ED05-076.08-04-46.00 32 N QUEEN ST CALVARY BAPTIST CHURCH 8,900
Paj 101
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-075.00-01-06.00 2285 FORREST AVE CALVARY BAPTIST CHURCH $1,881,800
ED05-085.12-01-03.00 401 KESSELRING AVE CAPITAL BAPTIST CHURCH 1,343,600
ED05-077.17-03-10.00 911 S GOVERNORS AVE CAPITAL GRANGE NO 18 CO 604,700
ED05-077.17-03-15.00 S BRADFORD ST CAPITAL GRANGE NO 18 CO 77,800
ED05-085.08-02-02.01 NEW BURTON RD CAPITOL BAPT CHURCH OF DOVER 407,700
ED05-077.10-02-44.00 734 RIVER RD CAPITOL GREEN DAY CARE INC 156,500
ED05-077.10-02-45.00 744 RIVER RD CAPITOL GREEN DAY CARE INC 383,800
ED05-077.09-02-28.00 156 S BRADFORD ST CENDEL FOUNDATION 33,400
ED05-077.09-02-29.00 158 S BRADFORD ST CENDEL FOUNDATION 22,300
ED05-077.09-02-33.00 101 W LOOCKERMAN ST CENDEL FOUNDATION 1,030,400
ED05-076.08-05-72.00 41 S QUEEN ST CENTRAL DEL AHB FOR HUMANITY 11,900
ED05-077.09-01-02.00 101 S QUEEN ST CENTRAL DEL HAB FO HUMANITY 13,400
ED05-076.08-02-40.00 238 N NEW ST CENTRAL DEL HAB FOR HUMANITY 13,500
ED05-076.08-04-35.00 21 N KIRKWOOD ST CENTRAL DEL HAB FOR HUMANITY 10,300
ED05-076.08-04-36.00 23 N KIRKWOOD ST CENTRAL DEL HAB FOR HUMANITY 10,300
ED05-076.08-04-37.00 29 N KIRKWOOD ST CENTRAL DEL HAB FOR HUMANITY 12,800
ED05-076.08-05-18.00 24 N NEW ST CENTRAL DEL HAB FOR HUMANITY 11,000
ED05-076.08-05-20.00 20 N NEW ST CENTRAL DEL HAB FOR HUMANITY 47,600
ED05-076.08-05-23.00 12 N NEW ST CENTRAL DEL HAB FOR HUMANITY 10,700
ED05-076.08-05-34.00 19 N NEW ST CENTRAL DEL HAB FOR HUMANITY 75,500
ED05-076.08-05-36.00 27 N NEW ST CENTRAL DEL HAB FOR HUMANITY 13,100
ED05-076.08-06-11.00 20 S KIRKWOOD ST CENTRAL DEL HAB FOR HUMANITY 42,300
ED05-076.08-06-41.00 14 S QUEEN ST CENTRAL DEL HAB FOR HUMANITY 10,400
ED05-076.08-06-43.00 18 S QUEEN ST CENTRAL DEL HAB FOR HUMANITY 10,400
ED05-076.12-02-09.00 138 CHERRY ST CENTRAL DEL HAB FOR HUMANITY 38,200
ED05-076.12-02-10.00 CHERRY ST CENTRAL DEL HAB FOR HUMANITY 38,100
ED05-077.05-03-04.00 53 S NEW ST CENTRAL DEL HAB FOR HUMANITY 47,500
ED05-077.05-03-39.00 50 S GOVERNORS AVE CENTRAL DEL HAB FOR HUMANITY 102,500
ED05-077.09-01-01.00 67 S QUEEN ST CENTRAL DEL HAB FOR HUMANITY 13,800
ED05-077.09-01-05.00 117 S QUEEN ST CENTRAL DEL HAB FOR HUMANITY 13,900
ED05-076.08-05-29.00 223 W DIVISION ST CENTRAL DEL HAB FOR HUMANITY 107,800
ED05-076.08-06-42.00 16 S QUEEN ST CENTRAL DEL HABITAT FOR HUMANITY INC 10,400
ED05-077.05-03-15.00 11 S NEW ST CENTRAL DELAWARE HABITAT FOR HUMANITY 72,700
ED05-077.11-04-44.00 478 BARRISTER PL CENTRAL DELAWARE HABITAT FOR HUMANITY 49,200
Paj 102
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-076.08-04-08.00 534 FULTON ST CENTRAL DELAWARE HABITAT FOR HUMANITY
ED05-067.15-02-12.00 118 N ANN AVE CENTRAL DELAWARE HABITAT FOR HUMANITY
ED05-076.05-01-10.00 1549 FORREST AVE CHAPTER 850 VIETNAM AFFAIRS 42,300
ED05-067.20-01-17.00 346 PEAR ST CHARTER SCHOOL INC 3,264,700
ED05-067.20-01-76.00 CLARA ST CHARTER SCHOOL INC 124,800
ED05-076.08-01-02.00 310 PEAR ST CHARTER SCHOOL INC 170,400
ED05-067.15-04-76.01 707 WALKER RD CHILDREN'S CHOICE PROPERTY TWO, A PA NONPROFIT GROUP $542,100
ED05-077.09-05-42.00 E WATER ST CHRIST EPISCOPAL CHURCH 1,983,500
ED05-077.09-05-43.00 505 S STATE ST CHRIST EPISCOPAL CHURCH 68,500
ED05-077.09-05-46.00 521 S STATE ST CHRIST EPISCOPAL CHURCH 132,700
ED05-077.14-01-19.01 614 S DUPONT HWY CHRISTIAN LIFE CENTER 678,900
ED05-086.05-01-14.00 1156 GOVERNORS CHURCH OF CHRIST INC 456,300
ED05-067.20-03-01.00 422 N NEW ST CHURCH OF THE HOLY CROSS 262,800
ED05-067.20-03-02.00 414 N NEW ST CHURCH OF THE HOLY CROSS 249,200
ED05-077.13-01-56.00 631 S STATE ST CHURCH OF THE HOLY CROSS 12,772,100
ED05-076.08-03-07.00 117 N WEST ST CHURCH OF THE LIVING GOD 412,200
ED05-067.19-02-02.41 840 WALKER RD COMM LEGAL AID SOCIETY INC 680,200
ED05-076.08-04-50.00 16 N QUEEN ST COMMUNITY HOLY TABERNACLE 187,400
ED05-067.20-01-75.00 340 N QUEEN ST CONGREGATION BETH SHALOM 681,300
ED05-067.14-01-68.00 1260 COLLEGE RD CONGREGATION OF JEHOVAHS WITS 504,200
ED05-077.09-04-22.00 226 S STATE ST DE STATE UNIVERSITY FOUND INC/WESLEY COLLEGE INC $2,336,000
ED05-085.00-01-08.00 NEW BURTON RD DEL AWARE RAILROAD, REAL ESTATE AGENT 214,800
ED05-076.08-05-31.00 217 W DIVISION ST DEL CONF AFRICAN METH EPIS CHURCH 192,900
ED05-068.09-01-11.00 967 N STATE ST DELAWARE BAPTIST ASSOCIATION 282,400
ED05-068.09-01-11.01 N STATE ST DELAWARE BAPTIST ASSOCIATION 3,300
ED05-068.09-01-16.03 LEPORE RD DELAWARE BAPTIST ASSOCIATION 5,000
ED05-057.00-01-04.01 CRAWFORD CARROLL AVE DELAWARE CIVIC CENTER CORP 2,419,500
ED05-057.00-01-05.03 CRAWFORD CARROLL AVE DELAWARE CIVIC CENTER CORP 392,500
ED05-057.00-01-08.02 1528 N DUPONT HWY DELAWARE CIVIC CENTER CORP 4,400
ED05-067.19-04-51.00 103 MONT BLANC BLVD DELAWARE GUIDANCE SERVICES $1,819,300
ED05-067.18-01-72.00 1289 WALKER RD DELAWARE HOUSING AUTHORITY 3,758,900
ED05-067.18-01-72.01 1289 WALKER RD DELAWARE HOUSING AUTHORITY 4,734,200
ED05-077.09-04-50.00 26 THE GREEN DELAWARE HOUSING AUTHORITY 2,166,200
ED05-077.09-04-54.00 16 THE GREEN DELAWARE HOUSING AUTHORITY 601,300
Paj 103
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-077.17-07-15.00 1116 S BRADFORD ST DELAWARE SOLID WASTE AUTHORITY 2,133,800
ED05-057.00-01-05.00 1570 N DUPONT HWY DELAWARE STATE UNIVERSITY 14,246,300
ED05-057.00-01-21.00 1200 N DUPONT HWY DELAWARE STATE UNIVERSITY 235,893,000
ED05-067.00-02-40.00 430 COLLEGE RD DELAWARE STATE UNIVERSITY 13,849,700
ED05-067.00-02-47.00 255 COLLEGE RD DELAWARE STATE UNIVERSITY 983,400
ED05-067.14-04-23.00 15 PIN OAK DR DIMA IX INC 217,300
ED05-076.10-02-03.01 223 MIFFLIN RD DIMA IX INC 198,100
ED05-077.06-01-67.00 456 E LOOCKERMAN ST DIMA IX INC 207,200
ED05-077.09-02-39.00 21 W LOOCKERMAN ST DOVER ART LEAGUE 508,700
ED05-077.09-03-39.00 40 THE GREEN DOVER CENTURY CLUB 388,500
ED05-077.10-02-43.00 730 RIVER RD DOVER ED COMM CENTER INC 39,200
ED05-068.09-02-01.01 765 BACON CT DOVER HOUSING AUTHORITY 1,564,800
ED05-068.09-02-01.02 BACON AVE DOVER HOUSING AUTHORITY 551,700
ED05-068.15-01-03.00 1 STEVENSON DR DOVER HOUSING AUTHORITY 4,576,000
ED05-076.11-01-42.00 375 SIMON CIR DOVER HOUSING AUTHORITY 5,258,900
ED05-077.09-03-02.00 411 S QUEEN ST DOVER HOUSING AUTHORITY 2,648,000
ED05-077.10-01-22.00 430 NEW CASTLE AVE DOVER HOUSING AUTHORITY 2,046,200
ED05-067.20-03-11.00 319 N NEW ST DOVER HOUSING AUTHORITY 72,500
ED05-077.11-03-47.00 117 HOLMES ST DOVER HOUSING AUTHORITY 98,200
ED05-067.16-01-32.00 523 ROSS ST DOVER INTERFAITH MISSION FOR HOUSING INC 120,100
ED05-067.18-01-79.00 1155 WALKER RD DOVER INTERFAITH MISSION FOR HOUSING INC 323,600
ED05-068.18-05-38.00 710 MAPLE PKWY EDGEHILL COMMUNITY CHURCH 178,200
ED05-068.18-05-39.00 702 MAPLE PKWY EDGEHILL COMMUNITY CHURCH 37,700
ED05-077.10-01-48.00 327 MARTIN ST EJB INC 564,400
ED05-077.09-04-65.00 305 S GOVERNORS AVE EJB INC 195,100
ED05-077.05-02-49.00 15 KENT CIR ELIZABETH MURPHY SCHOOL 3,413,400
ED05-077.05-04-47.00 E DIVISION ST ELIZABETH MURPHY SCHOOL 1,614,600
ED05-077.05-04-47.01 12 KINGS HWY ELIZABETH MURPHY SCHOOL 843,200
ED05-076.07-01-82.00 200 SAULSBURY RD ELKS LODGE BPOE 1903 3,595,500
ED05-067.01-01-96.00 OPAL PL EMERALD POINTE MAINTENANCE CO 10,300
ED05-067.01-01-97.00 OPAL PL EMERALD POINTE MAINTENANCE CO 29,200
ED05-067.01-01-98.00 TANZANITE CT EMERALD POINTE MAINTENANCE CO 2,800
ED05-067.01-01-99.00 GEMSTONE BLVD EMERALD POINTE MAINTENANCE CO 10,900
ED05-067.01-02-13.00 GEMSTONE BLVD EMERALD POINTE MAINTENANCE CO 3,500
Paj 104
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-067.01-02-14.00 TOPAZ CIR EMERALD POINTE MAINTENANCE CO 2,600
ED05-067.16-03-04.00 WALKER RD FIRST BAPTIST CHURCH 129,000
ED05-067.16-03-08.00 301 WALKER RD FIRST BAPTIST CHURCH 6,183,200
ED05-077.05-01-31.00 3 N BRADFORD ST FIRST BAPTIST CHURCH 60,700
ED05-076.05-06-16.00 HEATHERFIELD WAY FIRST FLAG, INC 7,500
ED05-076.05-06-31.00 HEATHERFIELD WAY FIRST FLAG, INC 8,400
ED05-077.11-01-01.00 761 S LITTLE CREEK RD FIRST SOUTHERN BAPTIST CHURCH OF DOVER 1,823,800
ED05-067.00-03-06.02 4462 W DENNYS RD FIRST UNITED PENTECOSTAL CHRCH 4,125,600
ED05-067.19-04-44.00 MONT BLANC BLVD FOUR SEASONS HOMEOWNERS ASSOC INC 6,000
ED05-067.19-04-45.00 41 HOMBERG CIR FOUR SEASONS HOMEOWNERS ASSOC INC 32,700
ED05-067.19-04-46.00 HOMBERG CIR FOUR SEASONS HOMEOWNERS ASSOC INC 13,100
ED05-067.19-04-47.00 209 MONT BLANC BLVD FOUR SEASONS HOMEOWNERS ASSOC INC 3,800
ED05-067.19-04-48.00 109 MONT BLANC BLVD FOUR SEASONS HOMEOWNERS ASSOC INC 4,200
ED05-067.19-04-53.00 SAULSBURY RD FOUR SEASONS HOMEOWNERS ASSOC INC 1,600
ED05-067.19-04-54.00 MONT BLANC BLVD FOUR SEASONS HOMEOWNERS ASSOC INC 119,800
ED05-067.14-01-18.00 OAKMONT DR FOX HALL PLANTATION CO 1,000
ED05-067.17-01-81.00 28 CARNOUSTIE RD FOX HALL PLANTATION CO 3,200
ED05-076.05-07.11.00 PEPPLE VALLEY DRIVE FOX HALL WEST ADDITION HOA 233
ED05-067.05-02-19.01 1510 MCKEE RD FOX MEADOWS JOINT, VENTURE 1,100
ED05-076.06-08-32.01 129 PERIWINKLE DR GILMAN HOMES INC 13,200
ED05-067.14-01-69.00 1022 COLLEGE RD GRACE PRESBYTERIAN CHURCH 250,500
ED05-067.14-01-69.01 1016 COLLEGE RD GRACE PRESBYTERIAN CHURCH 13,500
ED05-067.14-01-70.01 350 MCKEE RD GRACE PRESBYTERIAN CHURCH 2,586,700
ED05-067.14-01-71.00 MCKEE RD GRACE PRESBYTERIAN, CHURCH 2,195,900
ED05-067.15-01-28.00 VILLAGE HAMLET HOMES ASSOC 17,600
ED05-067.15-01-76.00 43 QUAIL HOLLOW DR HAMLET HOMES ASSOC 7,300
ED05-076.08-04-29.00 425 W DIVISION ST HOLY TRIN CHRCH OF LIV GOD INC 999,300
ED05-076.08-04-27.00 429 W DIVISION ST HOLY TRIN CHRCH OF LIV GOD INC 142,800
ED05-068.19-01-13.00 1207 E DIVISION ST IGLESIA CHRISTIANA MARANTHA 1,004,900
ED05-075.00-01-05.00 2161 FORREST AVE JIREH CHRISTIAN CENTER INC 1,284,800
ED05-077.18-02-79.00 140 ROOSEVELT AVE KENT COUNTY THEA GUILD FOUN $227,900
ED05-067.00-02-12.08 1241 COLLEGE PARK DR KENT SUSSEX COMMUNITY SERV INC 1,387,900
ED05-067.14-01-70.00 MCKEE RD LIBERTY CHURCH INC 1,793,300
ED05-067.14-01-70.03 1150 COLLEGE RD LIBERTY CHURCH INC 782,900
Paj 105
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-077.17-07-13.00 1057 S GOVERNORS AVE LOVE TEMPLE CHURCH OF GOD 425,300
ED05-068.18-01-01.02 430 KINGS HWY LUTHER TOWERS IV 3,193,200
ED05-077.06-02-90.01 101 BABB DR LUTHER VILLAGE I OF DOVER INC 4,031,900
ED05-077.06-02-90.02 1101 BABB LUTHER VILLAGE II OF DOVER INC 1,889,100
ED05-077.06-02-90.03 101 BABB LUTHER VILLAGE III OF DOVER INC 2,527,200
ED05-068.13-01-89.00 OAK LN LUTHERAN SENIOR SVCS OF DELA 258,000
ED05-068.17-03-20.00 430 KINGS HWY I LUTHERAN SENIOR SVCS OF DELA 8,256,300
ED05-068.17-03-20.01 430 KINGS HWY III LUTHERAN SENIOR SVCS OF DELA 3,223,300
ED05-068.18-01-01.00 430 KINGS HWY LUTHERAN SENIOR SVCS OF DELA 3,193,200
ED05-068.18-01-09.00 442 KINGS HWY LUTHERAN SENIOR SVCS OF DELA 191,700
ED05-056.20-01-47.00 MAPLE GLEN DR MAPLE GLEN HOMEOWNERS ASOCIATES INC 174,700
ED05-056.20-01-48.00 MAPLE GLEN DR MAPLE GLEn HOMEOWNERS ASSOCIATES INC 163,400
ED05-056.20-01-46.00 MAPLE GLEN DR MAPLE GLEN HOMEOWNERS ASSOCIATES INC 112,800
ED05-056.20-01-51.00 MAPLE GLEN DR MAPLE GLEN HOMEOWNERS ASSOCIATES LLC 10,200
ED05-056.20-01-50.00 MAPLE GLEN DR MAPLE GLEN HOMEOWNERS ASSOCIATION INC 44,900
ED05-056.20-01-49.00 MAPLE GLEN DR MAPLE GLEN HOMEOWNERS ASSOCIATON LLC 24,000
ED05-077.06-02-90.00 BABB DR MARTIN LUTHER FOUNDATION OF DE 1,331,000
ED05-076.00-01-02.00 1478 WYOMING MILL RD MASONIC HALL CORPORATION OF DOVER 1,784,900
ED05-067.05-02-19.00 MCKEE RD MEADOWS HOMEOWNERS ASSOC INC 145,000
ED05-076.07-01-25.00 1121 FORREST AVE MODERN MATURITY CENTER INC 9,363,800
ED05-077.17-03-48.00 864 S STATE ST MOM'S HOUSE INC OF DOVER $148,200
ED05-076.08-03-32.00 110 N NEW ST MOUNT ZION AME CHURCH 40,700
ED05-076.08-03-31.00 120 N QUEEN ST MOUNT ZION AME CHURCH $56,800
ED05-076.08-03-33.00 108 N QUEEN ST MOUNT ZION AME CHURCH $4,500
ED05-076.08-03-34.00 106 N QUEEN ST MOUNT ZION AME CHURCH $10,800
ED05-076.08-03-35.00 104 N QUEEN ST MOUNT ZION AME CHURCH $10,200
ED05-076.08-03-55.00 102 N NEW ST MOUNT ZION AME CHURCH $9,900
ED05-076.08-03-53.00 106 N NEW ST MOUNT ZION AME CHURCH $38,100
ED05-076.08-03-48.00 118 N NEW ST MOUNT ZION AME CHURCH $35,700
ED05-076.08-03-49.00 118 N NEW ST MOUNT ZION AME CHURCH $33,400
ED05-067.05-02-09.00 3 MICHAEL CT MOUNT ZION AME INC 260,400
ED05-067.19-02-02.02 363 SAULSBURY RD NATIONAL COUNCIL ON AG LIFE & LABOR 857,700
ED05-076.12-04-26.00 JERUSALEM WAY NEW JERUSALEM BAPTIST CHURCH 179,200
ED05-076.12-04-26.01 25 JERUSALEM WAY NEW JERUSALEM BAPTIST CHURCH 224,700
Paj 106
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-076.12-04-25.00 JERUSALEM WAY NEW JERUSALEM BAPTIST CHURCH 44,700
ED05-085.00-01-06.00 NEW BURTON RD PENNSYLVANIA LINES LLC 291,600
ED05-077.05-03-71.00 46 S BRADFORD ST PEOPLES CONGREGATION CHURCH 1,344,700
ED05-077.05-03-72.00 46 S BRADFORD ST PEOPLES CONGREGATION CHURCH 69,500
ED05-067.07-01-10.00 381 COLLEGE RD PEOPLE'S PLACE PROPERITES INC 227,100
ED05-076.10-02-07.02 165 COMMERCE WAY PEOPLES PLACE PROPERTIES INC 1,387,900
ED05-067.07-01-12.00 381 COLLEGE PEOPLE'S PLACE PROPERTIES INC 1,192,300
LC05-058.17-03-42.00 110 PERSIMMON CIR PERSIMMON PARK PLACE 335,700
ED05-077.17-01-59.00 805 S GOVERNORS AVE PLANNED PARENTHOOD OF DE INC 400,400
ED05-077.05-04-16.00 S BRADFORD ST PRESBYTERIAN CHURCH OF DOVER 3,500
ED05-077.05-04-19.00 54 S STATE ST PRESBYTERIAN CHURCH OF DOVER 1,791,900
ED05-077.09-03-14.01 316 S GOVERNORS AVE PRESBYTERIAN CHURCH OF DOVER 718,100
ED05-067.00-02-14.00 1175 MCKEE RD PRESBYTERIAN HOMES INC 12,838,800
ED05-067.00-02-15.00 COLLEGE RD PRESBYTERIAN HOMES INC 13,447,700
ED05-076.05-01-10.0 .08 AC Marsh Creek Ln Presidential Assoc 6,000
ED05-099.99-99-999.999.010 CELL TOWERS PRIORITY RADIO INC 144,000
ED05-077.09-05-45.00 509 S STATE ST RECTOR WARDENS & VESTRYAMAN 34,300
ED05-067.17-01-80.01 911 DOVER KENTON RD ROBBINS HOSE CO 971,000
ED05-077.09-02-13.00 103 S GOVERNORS AVE ROBBINS HOSE CO 231,100
ED05-077.09-02-14.00 103 S GOVERNORS AVE ROBBINS HOSE CO 79,500
ED05-077.09-02-15.00 103 S GOVERNORS AVE ROBBINS HOSE CO 2,252,300
ED05-077.09-02-16.00 S BRADFORD ST ROBBINS HOSE CO 125,100
ED05-077.09-02-17.00 116 S BRADFORD ST ROBBINS HOSE CO 55,600
ED05-076.09-02-86.00 WORCHESTER DR ROBINO-SEA CHASE LLC 1,600
ED05-076.09-02-87.00 TRAFALGAR DR ROBINO-SEA CHASE LLC 29,000
ED05-076.09-02-88.00 WORCHESTER DR ROBINO-SEA CHASE LLC 9,200
ED05-076.09-02-89.00 WESTOVER DR ROBINO-SEA CHASE LLC 1,000
ED05-076.12-02-72.00 409 W LOOCKERMAN ST SECOND BAPTIST CHURCH 113,800
ED05-076.12-02-73.00 407 W LOOCKERMAN ST SECOND BAPTIST CHURCH 472,000
ED05-076.20-01-78.00 647 WYOMING AVE SEVENTH DAY ADVENTIST CHURCH 1,724,900
ED05-067.12-03-35.00 SILVER LAKE DR SILVER LAKE TOWNHOUSE COMM 7,400
ED05-067.12-03-36.00 SILVER LAKE DR SILVER LAKE TOWNHOUSE COMM 14,500
ED05-076.08-03-02.00 105 N WEST ST SOLID ROCK SOUTHERN BAPTIST CHURCH INC 597,500
ED05-068.13-01-51.00 425 N DUPONT HWY ST ANDREWS CHURCH 2,584,300
Paj 107
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-067.18-03-15.00 1156 WALKER RD ST JOHNS EVANGELICAL CHURCH 601,600
ED05-077.17-04-27.00 106 PINE ST ST JOHNS LUTHERAN CHURCH 547,300
ED05-077.17-04-48.00 105 LOTUS ST ST JOHNS LUTHERAN CHURCH 612,000
ED05-077.17-04-49.00 109 LOTUS ST ST JOHNS LUTHERAN CHURCH 39,300
ED05-077.17-04-50.00 113 LOTUS ST ST JOHNS LUTHERAN CHURCH 129,400
ED05-077.11-03-43.00 HOLMES ST STONEY CREEK HOMEOWNERS ASSOC 72,300
ED05-067.00-02-23.00 COLLEGE RD SUNSET MEMORIAL GARDENS INC 130,200
ED05-076.06-04-26.00 43 LAMPLIGHTER LN THE GREENS TOWN MEETING ASSOC 221,000
ED05-076.08-05-73.00 45 S QUEEN ST THE MILFORD HOUSING DEV CORP 11,900
ED05-076.08-06-24.00 47 S KIRKWOOD ST THE MILFORD HOUSING DEV CORP 11,900
ED05-067.18-01-85.00 200 HARMONY THE MILFORD HOUSING DEV CORP 3,143,200
ED05-077.09-05-01.01 S STATE ST THE NEW PARSONAGE LLC 4,400
ED05-077.09-05-44.00 507 S STATE ST THE RECTOR WARDEN & VESTRYMAN 273,700
ED05-076.08-01-41.01 611 FOREST ST THE SALVATION ARMY 789,300
ED05-077.13-02-10.00 812 S BRADFORD ST THE WELLNESS COMMUNITY-DEL INC 210,200
ED05-076.08-05-11.00 37 N QUEEN ST TRUSTEES OF MT ZION AME CHURCH $9,900
ED05-076.08-05-10.00 35 N QUEEN ST TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH $117,100
ED05-077.05-01-44.00 139 STATE TRUSTEES OF THE PENINSULA 714,300
ED05-077.05-01-45.00 141 N STATE ST TRUSTEES OF THE PENINSULA 63,300
ED05-077.09-05-02.00 215 S STATE ST TRUSTEES OF WESLEY CHURCH 1,126,200
ED05-077.09-05-03.00 219 S STATE ST TRUSTEES OF WESLEY CHURCH 56,000
ED05-077.09-05-09.00 20 LOOCKERMAN PLAZA TRUSTEES OF WESLEY CHURCH 1,130,000
ED05-077.09-05-10.00 30 LOOCKERMAN PLAZA TRUSTEES OF WESLEY CHURCH 1,212,200
ED05-067.17-01-01.00 N TURNBERRY DR TURNBERRY MAINTENANCE ASSOC 51,000
ED05-067.17-01-38.00 S TURNBERRY DR TURNBERRY MAINTENANCE ASSOC 113,300
ED05-067.17-01-39.00 S TURNBERRY DR TURNBERRY MAINTENANCE ASSOC 118,100
ED05-077.09-01-36.01 101 S NEW ST UNION AME CHURCH 246,000
ED05-077.09-01-36.00 222 W REED ST UNION AME CHURCH 48,300
ED05-076.11-01-09.00 LAND FOREST ST UNION MISS BAPTIST CHURCH $25,200
ED05-076.11-01-19.00 37 BERTRAND RD UNION MISSIONARY BAPTIST CHURCH, INC 39,500
ED05-076.12-01-03.01 838 LINCOLN ST UNION MISSIONARY BAPTIST CHURCH, INC 4,700
ED05-076.12-01-41.00 883 LINCOLN ST UNION MISSIONARY BAPTIST CHURCH, INC 71,000
ED05-076.12-01-42.00 883 LINCOLN ST UNION MISSIONARY BAPTIST CHURCH, INC 796,600
ED05-068.17-03-48.00 140 HAZEL RD UNITED METHODIST CHURCH 221,700
Paj 108
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-077.00-01-18.01 69 TRANSPORTATION CIR UNIVERSITY OF DELAWARE 2,073,000
ED05-067.16-01-01.00 720 PEAR ST VETERANS OF WW II 466,900
ED05-068.18-05-48.00 18 GREENHILL RD VICTORY CHRISTIAN FELLOWSHIP 1,040,700
ED05-076.03-01-92.00 CANNON MILL DR VILLAGE OF CANNON MILL HOA INC 140,100
ED05-076.03-01-93.00 CANNON MILL DR VILLAGE OF CANNON MILL HOA INC 39,600
ED05-076.03-01-94.00 E SHELDRAKE CIR VILLAGE OF CANNON MILL HOA INC 56,200
ED05-076.03-01-95.00 E SHELDRAKE CIR VILLAGE OF CANNON MILL HOA INC 32,100
ED05-076.03-01-96.00 QUILLEN ST VILLAGE OF CANNON MILL HOA INC 40,700
ED05-076.03-01-99.00 E SHELDRAKE CIR VILLAGE OF CANNON MILL HOA INC 39,900
ED05-076.03-03-38.00 LOFTLAND DR VILLAGE OF CANNON MILL HOA INC 24,800
ED05-076.03-03-39.00 PARADEE DR VILLAGE OF CANNON MILL HOA INC 32,700
ED05-076.09-03-70.00 NORTHDOWN DR VILLAGE OF WESTOVER HOMEOWNERS 50,900
ED05-076.09-03-71.00 NORTHDOWN DR VILLAGE OF WESTOVER HOMEOWNERS 132,300
ED05-076.09-02-01.00 TRAFALGAR DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 118,300
ED05-076.13-01-57.00 WESTOVER DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 7,200
ED05-076.13-01-58.00 TRAFALGAR DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 87,800
ED05-076.13-02-57.00 TRAFALGAR DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 1,200
ED05-076.13-02-58.00 TRAFALGAR DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 15,700
ED05-076.13-02-59.00 THAMES DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 6,500
ED05-076.13-02-60.00 WESTOVER DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 9,800
ED05-076.13-02-61.00 NORTHDOWN DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 6,500
ED05-076.13-03-18.00 CHARRING CROSS DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 20,300
ED05-076.13-03-31.00 CHARRING CROSS DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 30,100
ED05-076.13-04-64.00 FAIRNEST CT VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 3,900
ED05-076.13-04-65.00 NORTHDOWN DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 3,200
ED05-076.13-04-66.00 WESTOVER DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 2,100
ED05-076.13-04-87.00 NORTHDOWN DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 34,100
ED05-076.13-05-48.00 NORTHDOWN DR VILLAGE OF WESTOVER HOMEOWNERS ASSOC INC 4,800
ED05-067.00-01-17.00 1430 MCKEE RD WASH DIST ADVISORY BOARD 346,700
ED05-077.05-01-37.00 34 N STATE ST WESLEY COLLEGE 278,700
ED05-077.05-01-36.00 28 N STATE ST WESLEY COLLEGE 301,900
ED05-077.05-01-35.00 22 N STATE ST WESLEY COLLEGE 256,500
ED05-077.05-01-30.00 9 N BRADFORD ST WESLEY COLLEGE 172,300
ED05-077.05-01-29.00 21 N BRADFORD ST WESLEY COLLEGE 1,022,300
Paj 109
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-077.05-01-01.00 120 N STATE ST WESLEY COLLEGE 17,864,500
ED05-076.08-03-56.00 115 N NEW ST WESLEY COLLEGE 475,800
ED05-077.09-03-01.00 300 S NEW ST WESLEY COLLEGE 3,069,400
ED05-077.05-04-22.00 34 S STATE ST WESLEY COLLEGE 565,900
ED05-077.05-01-25.00 30 FULTON ST WESLEY COLLEGE 368,700
ED05-076.08-02-79.00 200 N GOVERNORS AVE WESLEY COLLEGE 61,000
ED05-076.08-02-78.00 202 N GOVERNORS AVE WESLEY COLLEGE 114,300
ED05-068.17-02-41.00 213 N BRADFORD ST WESLEY COLLEGE 2,064,600
ED05-068.17-02-11.00 208 N BRADFORD ST WESLEY COLLEGE 5,437,900
ED05-067.20-01-78.00 511 MARY ST WESLEY COLLEGE 1,058,700
ED05-067.20-01-74.00 501 CLARA ST WESLEY COLLEGE 795,300
ED05-077.05-01-02.00 112 FULTON ST WESLEY COLLEGE 14,604,300
ED05-067.20-01-79.00 308 N QUEEN ST WESLEY COLLEGE INC 82,900
ED05-077.05-01-14.00 119 W DIVISION ST WESLEY COLLEGE INC 63,900
ED05-067.20-01-77.00 308 N QUEEN ST WESLEY COLLEGE INC 425,500
ED05-077.05-01-38.00 44 N STATE ST WESLEY COLLEGE INC 379,500
ED05-076.08-05-51.00 18 N GOVERNORS AVE WESLEY COLLEGE INC 36,200
ED05-077.05-01-16.00 2 N BRADFORD ST WESLEY COLLEGE INC 209,300
ED05-068.13-01-02.00 N STATE ST WESLEY METHODIST CHURCH 771,900
ED05-076.12-04-23.00 S QUEEN ST WESLEY METHODIST CHURCH 524,300
ED05-077.09-05-04.01 S STATE ST WESLEY METHODIST CHURCH 5,200
ED05-077.09-05-07.00 11 E NORTH ST WESLEY UM CHURCH TRUSTEES 146,100
ED05-077.09-05-08.00 15 E NORTH ST WESLEY UNITED METHODIST CHURCH 466,600
ED05-067.17-04-69.00 ARBOR DR WESTFIELD MAINTENANCE CORP 45,600
ED05-067.17-04-67.00 ARBOR DR WESTFIELD MAINTENANCE CORP 115,400
ED05-076.09-02-39.00 TRAFALGAR DR WESTOVER LLC 30,600
ED05-076.10-02-87.00 TRAFALGAR DR WESTOVER LLC 732,500
ED05-076.10-02-89.00 TRAFALGAR DR WESTOVER LLC 11,800
ED05-076.13-03-33.00 CHARRING CROSS DR WESTOVER LLC 176,700
ED05-067.19-02-11.00 992 WHATCOAT VILLAGE DR WHATCOAT COMMUNITY DEV INC 4,186,800
ED05-067.19-02-10.00 341 SAULSBURY RD WHATCOAT METHODIST CHURCH 4,346,500
ED05-068.17-01-32.00 RODNEY RD WHATCOAT METHODIST CHURCH 144,900
ED05-067.19-02-03.00 WALKER RD WHATCOAT UNITED METHODIST CHUR 8,700
ED05-057.00-01-46.01 3282 N DUPONT HWY WILMINGTON UNIVERSITY 6,247,700
Paj 110
Approved Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE
ED05-057.00-01-46.00 3282 N DUPONT HWY WILMINGTON UNIVERSITY 12,237,700
ED05-077.17-05-01.00 1137 S STATE ST Y M C A OF DELAWARE 3,222,400
ED05-067.18-02-01.00 825 KENTON RD YOUNG MENS CHRISTIAN ASSOC 1,366,800
Paj 111
Denied Properties for Council Review
PARCEL NUMBER # STREET OWNER VALUE TAX
ED05-078.00-01-08.01 PAR 3 S LITTLE CREEK RD BAYHEALTH MEDICAL CENTER INC $229,500 $929.48
ED05-078.00-01-08.02 PAR 2 HORSEPOND RD BAYHEALTH MEDICAL CENTER INC $134,200 $543.51
ED05-077.00-03-05.00 801 KRISKO CIR DELAWARE SOLID WASTE AUTHORITY $442,100 $1,790.51
ED05-077.00-03-04.00 601 KRISKO CIR DELAWARE SOLID WASTE AUTHORITY $387,900 $1,571.00
ED05-057.11-01-44.00 22 GRISTMILL RD DELAWARE STATE HOUSING AUTHORITY $138,600 $561.33
ED05-087.00-01-06.01 DAFB DOVER FEDERAL CREDIT UNION $825,000 $3,341.25
ED05-068.10-01-36.00 796 MILLER DR WHATCOAT UNITED METH CHURCH $209,300 $847.67
ED05-077.13-01-30.05 793 S QUEEN ST CENTRAL DE ONCOLOGY CENTER INC $1,500,500 $6,077.03
ED05-087.00-01-05.00 LAND HORSEPOND RD JJ & B ENTERPRISES GP $259,900 $1,052.60
ED05-076.08-01-44.00 FULTON ST SOUTHERN STATES COOP INC $24,100 $97.61
ED05-086.05-01-15.00 1156 GOVERNORS PILGRIM HOLINESS CHURCH $163,600 $662.58
ED05-076.08-01-32.00 801 W DIVISION ST AID IN DOVER INC $279,500 $1,131.98
ED05-076.08-01-34.00 731 W DIVISION ST AID IN DOVER INC $87,900 $356.00
ED05-076.08-01-43.00 S WEST ST PENNSYLVANIA LINES LLC $50,700 $205.34
ED05-077.09-03-13.00 402 S NEW ST DOVER HOUSING AUTHORITY $40,400 $163.62
ED05-077.05-03-14.00 13 S NEW ST DOVER HOUSING AUTHORITY $10,700 $43.34
ED05-076.06-08-25.01 N CAROLINE PL GILMAN HOMES INC $33,300 $134.87
$4,817,200 $19,509.66
Paj 112
Memorandum
Office of the City Manager
PO Box475
Dover, DE 19903
Phone: (302) 736-7005
Fax: (302) 736-7002
E-mail: dmitchell@dover.de.us
To: Mayor and City Council
From: ~nna Mitchell, Acting City Manager
Date: May 16, 2017
Subject: Semi-Annual Inspection - Robbins Hose Company
In accordance with Section 46-43 of the City Code, the Acting City Manager performed the required semi-annual
inspection of the Dover Fire Department on Tuesday, April 25, 2017 at 1:00 p.m. with Chief Carleton Carey, Jr.,
Mr. Ronald Rhodes and Mr. Carter Knotts, Fire Chiefs Assistant. This inspection was held at Robbins Hose
Station No. 1. Station No. 2 will be included in the next inspections. The following items were discussed:
1) The roof at Station# 1 - Chief Carey had previously indicated the roof has not leaked in 2016. In 2017
leaks have appeared in the communications center. The day of my visit was a rainy day and I was able to
see a leak first hand in the communication center. The fire department will be addressing this leak.
2) The Fire Department is requesting the replacement of Engine #7. The Engine replacement is included in the
Fiscal Year 2018 Draft Budget.
3) Station No. 1 and all apparatus inspected were well maintained in appearance and condition.
4) All vacant positions are now filled.
The Officers and staff of the Robbins Hose Company were extremely helpful with their assistance in my
understanding of the operations and service provided to our community through their volunteer members. Knowing
they have the City's support is both meaningful and appreciated. Please feel free to contact me if you have any
questions or concerns.
cc: Carleton Carey, Jr., Fire Chief
Carter Knotts, Fire Chiefs Assistant
Kirby Hudson, Assistant City Manager
Sharon Duca, Public Works Director
Mike Hamlett, Public Works Supervisor II
P.O. Box 475, Dover, DE 19903-04 75
Community Excellence Through Quality Service
Paj 113
CABLE FRANCHISE AGREEMENT
BETWEEN
CITY OF DOVER
AND
COMCAST OF DELMARVA, LLC
With assistance from:
Cohen Law Group
413 S. Main Street - Third Floor
Pittsburgh, PA 15215
Phone: (412) 447-0130
www.cohenlawgroup.org
Paj 114
TABLE OF CONTENTS
Page
SECTION 1 DEFINITIONS ...................................................................................................2
SECTION 2 GRANT OF FRANCHISE……………………………………………. ...........5
2.1 GRANT OF AUTHORITY .....................................................................5
2.2 TERM OF FRANCHISE.........................................................................5
2.3 REPRESENTATIONS AND WARRANTIES .......................................5
2.4 NON-EXCLUSIVITY.............................................................................6
2.5 FRANCHISE SUBJECT TO FEDERAL, STATE
AND LOCAL LAWS ..............................................................................6
2.6 COMPETITIVE EQUITY ......................................................................6
SECTION 3 SYSTEM CONSTRUCTION, OPERATION AND MAINTENANCE ...........7
3.1 TECHNICAL REQUIREMENT .............................................................7
3.2 AREA TO BE SERVED .........................................................................7
3.3 CABLE SYSTEM SPECIFICATIONS ..................................................8
3.4 SYSTEM TESTS ....................................................................................8
3.5 EMERGENCY ALERT SYSTEM .........................................................9
3.6 RATE DISCRIMINATION ....................................................................9
3.7 SERVICES FOR SUBSCRIBERS WITH DISABILITIES ....................9
3.8 SERVICE TO MULTIPLE DWELLING UNITS ("MDU'S") ...............9
3.9 REPAIRS AND RESTORATION ..........................................................9
3.10 SERVICE AREA MAPS.......................................................................10
3.11 DISCONNECTION AND RELOCATION ..........................................11
3.12 EMERGENCY REMOVAL OF EQUIPMENT ...................................11
3.13 TREE TRIMMING ...............................................................................11
3.14 CHANNEL CAPACITY .......................................................................12
3.15 BROADCAST CHANNELS ................................................................12
3.16 PROGRAMMING CATEGORIES .......................................................12
3.17 SIGNAL SCRAMBLING .....................................................................12
3.18 CONTINUITY OF SERVICE...............................................................12
3.19 PARENTAL CONTROL CAPABILITY .............................................12
SECTION 4 SUBSCRIBER SERVICE STANDARDS ......................................................13
4.1 OFFICE HOURS AND TELEPHONE AVAILABILITY ...................13
4.2 INSTALLATIONS AND SERVICE CALLS .......................................13
4.3 NOTICES ..............................................................................................14
4.4 BILLING ...............................................................................................14
4.5 SUBSCRIBER COMPLAINT PROCEDURES ...................................15
4.6 DISCONNECTION...............................................................................16
4.7 SERVICE INTERRUPTIONS ..............................................................16
i
Paj 115
4.8 PRIVACY .............................................................................................16
SECTION 5 REGULATION BY THE CITY .....................................................................17
5.1 RIGHT TO INSPECT ...........................................................................17
5.2 RIGHT TO CONDUCT COMPLIANCE REVIEW.............................18
5.3 RESERVED AUTHORITY ..................................................................18
5.4 POLICE POWERS ................................................................................18
5.5 NO LIMITATION ON TAXING OR FEE AUTHORITY...................19
5.6 PERMITS ..............................................................................................19
5.7 REPORTING.........................................................................................19
SECTION 6 COMPENSATION TO THE CITY .................................................................20
6.1 FRANCHISE FEES ..............................................................................20
6.2 QUARTERLY PAYMENTS ................................................................20
6.3 QUARTERLY REPORTS ....................................................................21
6.4 FRANCHISE FEE REVIEW ................................................................21
6.5 BUNDLED SERVICES ........................................................................22
SECTION 7 SERVICES TO THE COMMUNITY .............................................................22
7.1 SERVICES TO COMMUNITY FACILITIES .....................................22
7.2 EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL .........22
7.3 EG CAPITAL GRANT .........................................................................24
SECTION 8 ENFORCEMENT, INSURANCE AND INDEMNIFICATION ....................24
8.1 VIOLATIONS AND OPPORTUNITY TO CURE ..............................24
8.2 LIQUIDATED DAMAGES ..................................................................25
8.3 REVOCATION .....................................................................................26
8.4 PERFORMANCE BOND .....................................................................26
8.5 INSURANCE ........................................................................................27
8.6 INDEMNIFICATION ...........................................................................27
SECTION 9 MISCELLANEOUS ..............................................................................................28
9.1 FORCE MAJEURE...............................................................................28
9.2 REMOVAL OF SYSTEM ....................................................................28
9.3 NOTICES ..............................................................................................28
9.4 EQUAL EMPLOYMENT OPPORTUNITY ........................................29
9.5 CAPTIONS ...........................................................................................29
9.6 GOVERNING LAW; VENUE .............................................................29
9.7 TRANSFER, ASSIGNMENT OR CHANGEIN CONTROL ..............30
9.8 ENTIRE AGREEMENT .......................................................................30
9.9 SEVERABILITY ..................................................................................31
9.10 NO WAIVER OF RIGHTS ...................................................................31
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9.11 CHANGE OF LAW ..............................................................................31
9.12 COMPLIANCE WITH LAWS .............................................................31
9.13 THIRD PARTY BENEFICIARIES ......................................................31
9.14 APPLICABILITY OF AGREEMENT .................................................33
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CABLE FRANCHISE AGREEMENT
This Cable Franchise Agreement (hereinafter referred to as the “Agreement”) is executed
as of the 22nd day of May, 2017 (hereinafter referred to as the “Effective Date” by and between
the City of Dover, a municipality located in Kent County, Delaware (hereinafter referred to as
the “City”) and Comcast of Delmarva, LLC (hereinafter referred to as “Comcast”).
WHEREAS, pursuant to Title VI of the Communications Act of 1934, as amended, the
regulations of the Federal Communications Commission (hereinafter referred to as the “FCC”)
and Delaware law, the City is authorized to grant and renew franchises to construct, operate and
maintain a Cable System utilizing Public Rights-of-Way and properties within the City’s
jurisdiction; and
WHEREAS, Comcast currently holds a cable franchise from the City by virtue of a cable
franchise agreement dated July 9, 1996, originally granting a cable franchise to Comcast
Cablevision of Delmarva, Inc. d/b/a Comcast Cablevision; and
WHEREAS, Comcast has requested that the City renew Comcast’s franchise to
maintain, construct, operate, and maintain its Cable System over, under and along the aforesaid
Public Rights-of-Ways for the delivery of Cable Services to the City’s residents; and
WHEREAS, the aforesaid Public Rights-of-Way used by Comcast are public properties
acquired and maintained by the City on behalf of the citizens of the City, and the right to use said
rights-of-way is a valuable property right; and
WHEREAS, the City desires to protect and manage the aforesaid Public Rights-of-Way,
establish standards of Subscriber service, cultivate a technologically advanced Cable System,
receive Franchise Fees for Comcast’s use of the City’s Public Rights-of-Ways as provided by
federal law, obtain the use of an educational and governmental channel, establish certain
reporting requirements, obtain certain complimentary services, provide legal protections for the
City, and meet the current and future cable-related needs of its residents; and
WHEREAS, the City held a public hearing on the subject of cable franchise renewal,
including reviewing the cable operator’s past performance and identifying the City’s future
cable-related community needs; and
WHEREAS, the City has determined that this Agreement and the process for
consideration of this Agreement complies with all applicable federal, state and local laws and
regulations; and
WHEREAS, the City has determined that Comcast has the financial, legal and technical
ability to provide Cable Services to Subscribers located in the City; and
WHEREAS, the City, after affording the public notice and opportunity for comment, has
determined that the public interest would be served by renewing Comcast’s franchise according
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to the terms and conditions contained herein;
NOW THEREFORE, in consideration of the mutual promises contained herein and
intending to be legally bound hereby, the City and Comcast agree as follows:
SECTION 1
DEFINITIONS
The following terms used in this franchise shall have the following meanings:
(a) Affiliated Entity - Any person(s) and or entity(ies) who own or control, are owned
or controlled by or are under common ownership or control with Comcast (as defined herein) but
does not include affiliates that are not involved with the use, management, operation,
construction, repair and/or maintenance of Comcast Corporation’s cable systems.
(b) Basic Service - The service tier that includes at least the retransmission of local
broadcast television signals.
(c) Cable Act - Title VI of the Communications Act of 1934, as amended by the
Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and
Competitive Act of 1992 and the Telecommunications Act of 1996, as it may, from time to time,
be further amended.
(d) Cable Service - The one-way transmission to Subscribers of video programming
or other programming service and Subscriber interaction, if any, which is required for the
selection or use of such video programming or other programming service.
(e) Cable System - A facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide Cable
Service which includes video programming and which is provided to multiple Subscribers within
the City but such term does not include (1) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (2) a facility that serves Subscribers without
using any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in
part, to the provisions of Title II of the Communications Act, except that such facility shall be
considered a Cable System (other than for purposes of Section 621 of the Cable Act) to the
extent that facility is used in the transmission of video programming directly to Subscribers
unless the extent of that use is solely to provide interactive on-demand services; (4) an open
video system that complies with Section 653 of the Cable Act; or (5) any facilities of any electric
utility used solely for operating its electric utility systems.
(f) Channel - A portion of the electromagnetic frequency spectrum which is used in a
Cable System and which is capable of delivering a television channel as television channel is
defined by FCC regulation.
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(g) Complaint - Any written (including electronic) or oral communication by a
Subscriber expressing dissatisfaction with Comcast’s operation of its Cable System to provide
Cable Service that is within Comcast’s control and requires a corrective measure on the part of
Comcast.
(h) Communications Act - The Federal Communications Act of 1934, as amended,
and as it may, from time to time, be further amended.
(i) Drop - The coaxial or fiber optic or other cable that connects a home or building
to the Cable System.
(j) Educational and Governmental (EG) Access Channel - An access channel that
consists of non-commercial local public, educational and/or governmental programming.
(l) Emergency - A condition that either (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or (2) has caused or is likely to cause the Cable
system in the Public Rights-of-Way to be unusable and result in loss of the services provided.
(m) FCC - Federal Communications Commission.
(m) Force Majeure - Acts of God; acts of public enemies, including terrorist attacks;
orders of any kind of the government of the United States of America or the State of Delaware or
any of their departments, agencies, political subdivisions, or officials, or any civil or military
authority; insurrections; riots; labor strikes; epidemics; landslides; lightning; earthquakes; fires;
hurricanes; volcanic activity; storms; floods; washouts; droughts; explosions; unavailability of
materials or equipment; partial or entire failure of utilities, or other event that is reasonably
beyond the Franchisee’s ability to anticipate or control.
(n) Franchise - The authorization granted by the City to construct, operate and
maintain a Cable System within the corporate limits of the City as embodied in the terms and
conditions of this Agreement.
(o) Franchise Fee - The fee that Comcast remits to the City for the use of the City’s
Public Rights-of-Way pursuant to Section 622 of the Cable Act, 47 U.S.C. §542, and Section 6.1
of this Agreement.
(p) Gross Revenues - All revenue received by Comcast or its Affiliated Entities
arising from, attributable to, or in any way derived from the operation of Comcast’s Cable
System in the City to provide Cable Services. Gross Revenues shall include, but are not limited
to, the following:
(1) Basic Service fees;
(2) fees charged to Subscribers for any Cable service tier other than Basic
Service;
(3) fees charged for premium Cable services;
(4) fees for all digital video tiers;
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(5) fees for video-on-demand;
(6) fees charged to Subscribers for any optional, per-channel or per-program
Cable services;
(7) revenue from the provision of any other Cable Services;
(8) charges for installation, additional outlets, relocation, disconnection,
reconnection and change-in-service fees for Cable Service;
(9) fees for changing any level of Cable Service programming;
(10) fees for service calls on Cable Services;
(11) inside wire maintenance fees for Cable Services;
(12) service plan protection fees on Cable Service;
(13) convenience fees related to Cable Service;
(14) early termination fees on Cable Services;
(15) fees for Leased Access Channels;
(16) charges based on the sale or lease of any portion of the Cable System for
Cable Service;
(17) rental or sales of any and all Cable Service equipment, including converters
and remote control devices;
(18) any and all locally-derived advertising revenues;
(19) revenues or commissions from locally-derived home shopping channels;
(20) revenue from interactive Cable Services;
(21) broadcast retransmission fees;
(22) late payment fees on Cable Services;
(23) billing and collection fees on Cable Services;
(24) NSF check charges on Cable Services; and
(25) Franchise Fees
Gross Revenues shall not include bad debts, program launch fees, investment income,
refunded deposits, or any taxes on services furnished by Comcast and imposed directly upon any
Subscriber or user by the City, state, federal or other governmental unit. In the event of any
dispute over the classification of revenue, the City and Comcast agree that reference should be
made to generally accepted accounting principles (“GAAP”) as promulgated and defined by the
Financial Accounting Standards Board (“FASB”).
(q) HD - High definition format.
(r) Leased Access - Any channel on Comcast’s Cable System designated for leased
access use pursuant to the Cable Act.
(s) Multiple Dwelling Units or MDU’s - Any building, buildings or area occupied by
dwelling units, appurtenances thereto, grounds and facilities, which dwelling units are intended
or designed to be owned, occupied or leased for occupation, or actually occupied, as individual
homes or residences for three (3) or more households.
.
(t) Normal Business Hours - Those hours during which most similar businesses in
the community are open to serve Subscribers. In all cases, "Normal Business Hours" must
include some evening hours at least one night per week and/or some weekend hours.
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(u) Normal Operating Conditions - Business conditions within Comcast’s service
department which are within the control of Comcast. Those conditions that are not within the
control of Comcast include, but are not limited to, natural disasters, civil disturbances, power
outages, telephone network outages and severe or unusual weather conditions or other conditions
of Force Majeure.
(v) Outlet - An interior receptacle that connects a television set or receiver to the
Cable System.
(w) Public Rights-of-Way - The surface and the area across, in, over, along, under and
upon the public streets, roads, lanes, avenues, alleys, sidewalks, bridges, highways and other
rights-of-way, as the same now or may thereafter exist, which are under the jurisdiction or
control of the City.
(x) Programming - Any video or audio signal carried over the Cable System that is
generally considered comparable to programming provided by a television broadcast station.
(y) Service Interruption - The loss of picture or sound on one or more channels.
(z) Subscriber - A person or entity who contracts with Comcast for, and lawfully
receives, Cable Services distributed by the Cable System.
SECTION 2
GRANT OF FRANCHISE
2.1 GRANT OF AUTHORITY
Pursuant to the Cable Act, the regulations of the FCC and Delaware law, the City hereby
grants a non-exclusive and revocable franchise to Comcast. Subject to the terms and conditions
contained herein, the City hereby grants to Comcast the authority to, construct, extend, install,
operate, maintain, upgrade and rebuild a Cable System, including such wires, cables, fiber,
conductors, ducts, conduits, amplifiers, pedestals, attachments and other equipment as is
necessary and appropriate to the operation of the Cable System in the Public Rights-of-Way,
including property over which the City has a sufficient easement or right-of-way, for the purpose
of reception, transmission, amplification, origination, distribution or redistribution of video and
audio signals to provide Cable Services as permitted by applicable law.
2.2 TERM OF FRANCHISE
The term of this Agreement shall be for a period of ten (10) years commencing on the
effective date and expiring on May 22, 2027 unless the Franchise is terminated prior to the
expiration date in accordance with the terms and conditions of this Agreement.
2.3 REPRESENTATIONS AND WARRANTIES
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(a) Comcast represents, warrants and acknowledges that, as of the effective date:
(1) Comcast is duly organized, validly existing and in good standing under the
laws of the State of Delaware;
(2) Comcast has the requisite power and authority under applicable law and
its by-laws and articles of incorporation and/or other organizational documents, is authorized by
resolutions of its Board of Directors or other governing body, and has secured all consents which
are required to be obtained as of the Effective Date, to enter into and legally bind Comcast to this
Agreement and to take all actions necessary to perform all of its obligations pursuant to this
Agreement;
(3) This Agreement is enforceable against Comcast in accordance with the
provisions herein, subject to applicable State and federal laws and regulations;
(4) There is no action or proceeding pending or threatened against Comcast
which would interfere with its performance or its ability to perform the requirements of this
Agreement;
(5) Pursuant to Section 625(f) of the Cable Act, as of the Effective Date, the
performance of all terms and conditions in this Agreement is commercially practicable.
2.4 NON-EXCLUSIVITY
This Franchise granted to Comcast shall be non-exclusive. Nothing in this Agreement
shall affect the right of the City to grant other Franchises to construct, operate or maintain a
Cable System.
2.5 FRANCHISE SUBJECT TO FEDERAL, STATE AND LOCAL LAWS
This Franchise is subject to and shall be governed by all lawful and applicable provisions
of federal, state and generally applicable local laws and regulations. This Franchise is further
subject to all generally applicable ordinances and resolution of the City. Without waiving any of
its rights, the City agrees that, to the extent any term of this Agreement is inconsistent with the
terms of any City cable franchise ordinance existing as of the Effective Date, this Agreement
shall control.
2.6 COMPETITIVE EQUITY
(a) Comcast acknowledges and agrees that the City reserves the right to grant one or
more additional franchises to construct, operate, and maintain a Cable System within the City.
(b) The franchise granted to Comcast is non-exclusive; however, if the City grants a
subsequent franchise, or other authorization to provide similar wired video services, that, when
taken as a whole upon consideration of all of its material obligations, is more favorable or less
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burdensome to the subsequent franchisee than this Agreement is to Comcast, then Comcast may
request an amendment to this Agreement to provide Comcast with competitive equity. If the
City agrees with Comcast that, when taken as a whole upon consideration of all of its material
obligations, the subsequent franchise, or other authorization to provide wired video services, is
more favorable or less burdensome, then the City and Comcast shall enter into discussions in
order to modify this Agreement to the mutual satisfaction of both parties to provide Comcast
with such competitive equity. If the City disagrees with Comcast that, when taken as a whole
upon consideration of all of its material obligations, the subsequent Franchise, or other
authorization, is more favorable or less burdensome, Comcast may elect to shorten the remaining
term of this Agreement to not more than thirty-six (36) months and shall be deemed to have
timely invoked the formal renewal rights and procedures set forth in §626 of the Federal Cable
Act.
(c) In the event an application for a new franchise for Cable Service, or other
authorization to provide similar wired video services, is submitted to the City proposing to serve
Subscribers within the City, then the City shall notify Comcast in writing of the submission of
the application.
SECTION 3
SYSTEM CONSTRUCTION, OPERATION AND MAINTENANCE
3.1 TECHNICAL REQUIREMENT
(a) Comcast shall operate, maintain, construct and extend the Cable System so as to
offer Cable Services throughout all parts of the City where the density requirements of Section
3.2 are met. The Cable Service provided by the Cable System shall be delivered in accordance
with applicable FCC standards and the Cable Act. The Cable System shall meet or exceed any
and all applicable technical performance standards of the FCC, the National Electrical Safety
Code, the National Electric Code and any other applicable federal laws and regulations and the
laws, ordinances and construction standards of the State of Delaware and the generally
applicable laws, ordinances and construction standards of the City.
(b) Stand-by power at the headend(s) shall be provided in the event of a service
interruption. Stand-by power must activate automatically upon the failure of commercial utility
power.
3.2 AREA TO BE SERVED
(a) Subject to the density requirements herein, Comcast shall make Cable Service
available to every residential dwelling occupied by a person requesting Cable Service provided
that Comcast is able to obtain from the property owners any necessary easements and/or permits
in accordance with Section 621(a)(2) of the Cable Act. Comcast shall extend the Cable System
into all areas within the City where there is a minimum of twenty-five (25) dwelling units per
linear plant mile of aerial cable and fifty (50) dwelling units per underground mile of cable,
calculated from the nearest point of the Cable System trunk or feeder line from which a usable
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cable signal can be obtained. For purposes of this section, a home shall only be counted as a
“dwelling unit” if such home is within four hundred (400) feet of the public right of way.
Comcast shall complete said extensions within one (1) year of written notification to Comcast by
the City and verification by Comcast that an area has met the minimum density standard set forth
herein (weather permitting). Comcast's obligation hereunder shall be subject to the timely
performance of walk-out, make ready and location of all underground utilities.
(b) Any dwelling unit within one hundred twenty-five (125) feet aerial distance from
the main distribution line shall be entitled to a standard installation rate. For any dwelling unit in
excess of one hundred twenty-five (125) feet aerial distance or that requires an underground
installation, Comcast shall extend cable service and the subscriber shall pay Comcast’s actual
cost of installation from its main distribution system.
(c) The City has the authority to require Comcast to place wires and/or equipment
underground, provided that the City imposes such requirement on all similarly situated entities.
All installations of wires and/or equipment by Comcast shall be underground in those areas of
the City where the wires and/or equipment of similarly situated entities (i.e. telephone and
electric utilities) are underground; provided, however, that such underground locations are
capable of accommodating Comcast’s facilities without technical degradation of the Cable
System’s signal quality. Comcast shall not be required to construct, operate, or maintain
underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system
passive devices, amplifiers, power supplies, or pedestals.
In the event that public or private funds are made available to pay for such project, to the
extent other users of the Public Right-of-Way are so notified the City shall notify Comcast that
such funds are available and Comcast may apply or request that the City apply for such funds. In
the event that Comcast is required to place existing aerial plant underground, Comcast reserves
its right to pass those costs through to Subscribers if and to the extent allowed by applicable law.
(d) Comcast may refuse to provide Service to any Person for demonstrable
reasonable cause.
3.3 CABLE SYSTEM SPECIFICATIONS
(a) Comcast has designed, constructed and shall maintain a Cable System with the
capability to provide no fewer than one hundred fifty (150) video channels and shall allocate a
sufficient portion of said bandwidth to deliver two-way Cable Services. The cable system shall
be capable of providing high definition (HD) video signals and video-on-demand.
(b) Comcast reserves the right to alter, adjust, modify, rebuild, upgrade, redesign, or
otherwise reconfigure the Cable System at any time during the term of the Agreement, provided
that no alteration, adjustment, modification, rebuild, upgrade, redesign or other reconfiguration
of the Cable System shall have the effect of reducing the technical capabilities of the Cable
System as set forth in Section 3.1.
3.4 SYSTEM TESTS
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(a) Comcast shall conduct required proof of performance and other system tests as set
forth below. Comcast shall retain written reports of the results of any tests required by the FCC,
and such reports shall be submitted to the City within thirty (30) days of a written request from
the City; provided, however, that Comcast shall not be required to submit such reports more than
one (1) time in any calendar year.
(b) Comcast shall perform the following tests on its Cable System:
(1) All tests required by the FCC; and
(2) All other FCC tests reasonably necessary to determine compliance with
technical standards adopted by the FCC in response to Subscriber Complaints.
(c) The rights and obligations of the City and Comcast under this Section shall at all
times be subject to applicable federal law and FCC regulation.
3.5 EMERGENCY ALERT SYSTEM
Comcast shall comply with the Emergency Alert System requirements of the FCC.
3.6 RATE DISCRIMINATION
In accordance with applicable law, all rates for Subscriber services shall be published
and non-discriminatory. Nothing in this Agreement shall be construed to prohibit the reduction
or waiver of charges in conjunction with promotional campaigns for the purpose of attracting
or maintaining Subscribers.
3.7 SERVICES FOR SUBSCRIBERS WITH DISABILITIES
Comcast shall comply with all applicable federal regulations, including the
Communications Act of 1934, as amended, that ensure the provision of Cable Services and
related equipment are accessible to and usable by persons with disabilities, if readily achievable.
3.8 SERVICE TO MULTIPLE DWELLING UNITS (“MDU’s”)
Comcast and the City hereto acknowledge and agree that installation and provision of
Cable Service to MDU’s are subject to a separate negotiation between the landlord, owner or
governing body of any such MDU and Comcast, which negotiations shall be conducted in
accordance with the procedures set forth in the Cable Act, as amended, applicable FCC
regulations, and applicable Delaware Landlord Tenant Code.
3.9 REPAIRS AND RESTORATION
(a) Whenever Comcast or any of its agents, including any contractor or
subcontractor, takes up or disturbs any pavement, sidewalk or other improvement of any public
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property, the same shall be replaced and the surface restored in as reasonably good condition as
before the disturbance within twenty (20) business days of the completion of the disturbance,
weather permitting. Upon failure of Comcast to comply within the time specified and the City
having notified Comcast in writing of the restoration and repairs required, the City may cause
proper restoration and repairs to be made and the expense of such work shall be paid by Comcast
upon demand by the City.
(b) Whenever Comcast or any agent, including any contractor or subcontractor, shall
install, operate or maintain equipment, cable, or wires, it shall avoid damage and injury to
property, including structures, improvements and trees in and along the routes authorized by the
City if required for the proper installation, operation and maintenance of such equipment, cable,
or wires. Comcast shall promptly repair and restore, to a condition as reasonably good as before
any disturbance, any public or private property that is damaged as a result of construction,
installation, repair or maintenance of the Cable System within twenty (20) business days,
weather permitting.
(c) Comcast’s operation, construction, repair and maintenance personnel, including
all contractors and subcontractors, shall be trained in the use of all equipment and the safe
operation of vehicles. Such personnel shall follow all safety procedures required by all generally
applicable federal, state and local laws and regulations. All areas of the Cable System shall be
inspected in accordance with such generally applicable federal, state and local laws and
regulations so as to prevent hazardous conditions or risks to safety for the public and/or
operating and maintenance personnel. Comcast shall install and maintain its wires, cables,
fixtures, and other equipment in such a manner as shall not interfere with any installations of the
City or any public utility serving the City.
(d) Should a public safety emergency occur as a result of, incident to, or connected
with operation, construction, repair, or maintenance activities by Comcast personnel, including
all contractors and subcontractors, then such personnel shall immediately contact the applicable
public safety emergency dispatcher (e.g. 9-1-1).
(e) Whenever Comcast or any agent, including any contractor or subcontractor, shall
disturb any pavement, sidewalk or other public property in order to perform any underground
activity, it shall utilize the Miss Utility System prior to any such disturbance. Comcast shall
adhere to any additional undergrounding requirements which the State may establish in the
future. Comcast shall adhere to all requirements of the Delaware Underground Utility Damage
Prevention and Safety Act.
(f) All structures and all lines, equipment and connections in, over, under, and upon
streets, sidewalks, alleys, and public and private ways and places of the City, wherever situated
or located, shall at all times be kept and maintained in a safe and suitable condition and in good
order and repair.
3.10 SERVICE AREA MAPS
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Upon written request, Comcast shall provide to the City for its exclusive use and shall
maintain at its local offices a complete set of Comcast service area strand maps of the City on
which shall be shown those areas in which its facilities exist and the location of all streets. The
strand maps shall be provided to the City in hardcopy and also, if requested and available, in an
electronic GIS format which is compatible with the City’s GIS format. The strand maps shall
also designate where the cable wires and other equipment are aerial and where they are
underground. Comcast shall provide the City with updated maps within thirty (30) days after
any written request by the City.
3.11 DISCONNECTION AND RELOCATION
(a) Comcast shall, at no cost to the City, protect, support, temporarily disconnect,
relocate in the same street, or other public way and place, or remove from any street or any other
public way or place, any of its property as required by the City or its designee by reason of traffic
conditions, street construction, change or establishment of street grade, site distance visibility,
the construction of any public improvement or structure, or any other reason related to public
health, safety and welfare.
(b) In requiring Comcast to protect, support, temporarily disconnect, relocate or
remove any portion of its property, the City shall treat Comcast the same as, and require no more
of Comcast than, any similarly situated entity. Comcast shall have the right to seek
reimbursement under any applicable insurance or government program for reimbursement.
3.12 EMERGENCY REMOVAL OF EQUIPMENT
(a) If, at any time, in case of fire or other disaster in the City, it shall be necessary, in
the reasonable judgment of the City or its agent, to cut or move any of the wires, cable or
equipment of the Cable System, the City shall have the right to do so without cost or liability,
provided that, wherever possible, the City shall give Comcast notice and the ability to relocate
wires, cable or other equipment. The City shall use reasonable efforts to minimize the impact on
Comcast’s facilities related to any emergency removal.
(b) In cutting or moving any of the wires, cable or equipment of the Cable System in
the event of fire or other disaster, the City shall treat Comcast the same as, and require no more
of Comcast than, any other similarly situated entity. Comcast shall have the right to seek
reimbursement under any applicable insurance or government program for reimbursement.
3.13 TREE TRIMMING
(a) Comcast, or its agents, including contractors and subcontractors, shall have the
authority to trim trees upon and overhanging the Public Rights-of-Way so as to prevent the
branches of such trees from coming in contact with the wires, cables, or other equipment of
Comcast. Any such tree trimming shall only be performed in accordance with applicable laws
and regulations.
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(b) If Comcast or its agents, including contractors and subcontractors, wish to cut
down and remove any tree or trees as may be necessary for the installation and/or maintenance of
its equipment, it shall apply to the City for permission with the exception of Emergency
situations as defined in Section 1(k), and if permission is granted, shall perform such cutting and
removal in accordance with the regulations of the City.
3.14 CHANNEL CAPACITY
Comcast shall meet or exceed programming and channel capacity requirements set forth
in Section 3.15 of this Agreement and required by applicable federal law and regulations.
3.15 BROADCAST CHANNELS
To the extent required by federal law, Comcast shall provide all Subscribers with the
most basic tier of Service including, but not limited to: a) all broadcast television signals carried
in fulfillment of the requirements of Section 614 of the Cable Act; b) the signals of any qualified
non-commercial educational television signals carried in fulfillment of the requirements of
Section 615 of the Cable Act; and c) any Educational and Governmental Channel pursuant to
Section 611 of the Cable Act. All such signals shall be delivered to Subscribers in accordance
with applicable FCC technical specifications.
3.16 PROGRAMMING CATEGORIES
In accordance with applicable law, Comcast shall provide broad categories of video
programming on the Cable System.
3.17 SIGNAL SCRAMBLING
Comcast shall at all times comply with FCC regulations regarding scrambling or other
encryption of audio and video signals.
3.18 CONTINUITY OF SERVICE
Subscribers shall continue to receive Cable Service from Comcast provided their
financial and other obligations to Comcast are honored. Subject to Force Majeure provisions in
Section 9.1, Comcast shall use its best efforts to ensure that all Subscribers receive continuous,
uninterrupted service regardless of the circumstances. For the purpose of construction, routine
repairing or testing of the Cable System, Comcast shall use its best efforts to interrupt service
only during periods of minimum use. When there are planned service interruptions of more than
twenty-four (24) hours, Comcast shall notify Subscribers in advance of such service interruption
along with providing Subscribers with a pro-rata credit for the time of such service interruption.
3.19 PARENTAL CONTROL CAPABILITY
Comcast shall comply with Section 641 of the Cable Act.
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SECTION 4
SUBSCRIBER SERVICE STANDARDS
4.1 OFFICE HOURS AND TELEPHONE AVAILABILITY
(a) In accordance with applicable law, Comcast’s service centers shall be
conveniently located and shall be open during Normal Business Hours.
(b) Comcast shall provide and maintain a toll free telephone access line that will be
available to Subscribers twenty-four (24) hours a day, seven (7) days a week. Trained
representatives shall respond to Subscriber telephone inquiries during Normal Business Hours.
After Normal Business Hours, the access line may be answered by a service or an automated
response system. Inquiries received after Normal Business Hours must be responded to by a
trained company representative on the next business day.
(c) Under Normal Operating Conditions and during Normal Business Hours,
telephone answering time by a Subscriber representative, including wait time, shall not exceed
thirty (30) seconds after the connection is made. If the call needs to be transferred, transfer time
shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent
(90%) of the time, measured on a quarterly basis. Under Normal Operating Conditions, the
Subscriber shall receive a busy signal less than three percent (3%) of the time.
(d) Comcast will not be required to acquire or perform surveys to measure
compliance with the telephone answering standards above unless an historical record of
Complaints indicates a clear failure to comply. If the City determines, after receiving
Complaints itself and/or receiving a record of Complaints made to Comcast in accordance with
Sections 4.5 and/or 5.7(a), that there is a clear failure to comply with the telephone answering
requirements above, the City shall notify Comcast in writing that it must measure its compliance
with these requirements for the next ninety (90) days and report to the City with its results.
4.2 INSTALLATIONS AND SERVICE CALLS
(a) Comcast shall maintain a staff of employees sufficient to provide adequate and
prompt service to its Subscribers. Comcast shall require that any employee or agent, including
any subcontractor, who personally visits any residential dwelling, shall display a photo
identification badge. Any vehicle used for installation, operation or maintenance activities by
any Comcast employee or agent, including any subcontractor, shall prominently display the
Company logo or sufficient markings identifying it.
(b) Standard installations will be performed within seven (7) business days after an
order has been placed. “Standard” installations are those aerial installations that are located up to
one hundred twenty-five (125) feet from the existing main distribution line.
(c) Upon scheduling of appointments with the Subscriber for installations, service
calls and other activities, Comcast shall provide the Subscriber with either a specific time or an
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“appointment window” of a maximum of four (4) hours during Normal Business Hours.
Comcast may schedule service calls and installation activities outside of Normal Business Hours
at a time that is convenient for the Subscriber.
(d) Comcast may not cancel an appointment with a Subscriber after the close of
business on the business day prior to the scheduled appointment. If, at any time, an installer or
technician is running late, an attempt to contact the Subscriber must be made prior to the time of
the appointment. If the appointment must be rescheduled, it must be done so at a time that is
convenient for the Subscriber.
4.3 NOTICES
(a) Comcast shall provide written notice to each Subscriber upon initial subscription,
at intervals not less than one (1) per year thereafter to each Subscriber and at any time upon
request, regarding each of the following areas:
(1) Products and services offered;
(2) Prices and options for programming services and conditions of
subscription to programming and other services;
(3) Channel positions of programming carried on the Cable System;
(4) Installation and service maintenance policies;
(5) Instructions on how to use the Cable Service;
(6) Billing and Subscriber complaint procedures;
(7) Comcast’s address, telephone number and office hours; and
(8) A notice of Subscriber privacy rights as required by federal law.
(b) In accordance with applicable law, Comcast shall notify Subscribers and the City
in writing of any changes in rates, programming services or channel positions a minimum of
thirty (30) days in advance of such changes provided that such change is within the control of
Comcast. Comcast shall not be required to provide prior notice to Subscribers of any rate change
that is the result of a regulatory fee, Franchise Fee or any other fee, tax, assessment or charge of
any kind imposed by any federal agency, the State of Delaware or the City on the transaction
between Comcast and the Subscriber.
4.4 BILLING
(a) Bills shall be clear, concise and understandable. Bills must be fully itemized, and
shall include all applicable service tiers, equipment charges and any installation or repair
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charges. Bills shall state the billing period, including an effective due date, the amount of
current billing and any relevant credits or past due balances.
(b) Comcast shall not assess late fees for non-payment of a current bill until at least
twenty (20) days have elapsed since the mailing of the bill by Comcast.
(c) The City hereby requests that Comcast omit the City’s name, address, and
telephone number from Subscriber bills as permitted by 47 C.F.R. § 76.952.
4.5 SUBSCRIBER COMPLAINT PROCEDURES
Comcast shall establish clear written procedures for resolving all Subscriber Complaints,
which shall include at least the following:
(a) Comcast shall provide the Subscriber with a written response to a written
Complaint within thirty (30) days of its receipt at the local business office. Such response shall
include the results of its inquiry into the subject matter of the Complaint, its conclusions based
on the inquiry, and its decision in response to the Complaint.
(b) If the City is contacted directly about a Subscriber Complaint, it shall notify
Comcast promptly and in writing. When Comcast receives such notification, the time period for
Comcast to respond as required by Section 4.5(a) shall commence. If the City notifies Comcast
in writing, then Comcast shall respond in writing within the time period specified in Section
4.5(a).
(c) Any Subscriber who, in good faith, disputes all or part of any bill sent by Comcast
has the option of withholding the disputed amount, without a late fee or disconnection, until
Comcast has investigated the dispute in good faith and has made a determination that the amount
is owed provided that:
(1) The Subscriber provides a written Complaint to Comcast in a timely
fashion and includes identifying information;
(2) The Subscriber pays all undisputed charges; and
(3) The Subscriber cooperates in determining the appropriateness of the
charges in dispute.
(4) It shall be within Comcast’s sole discretion to determine when the dispute
has been resolved.
(d) Comcast shall maintain Subscriber Complaint records for inspection by the
affected Subscriber, which shall contain the date each Complaint is received, the name and
address of the affected Subscriber, a description of the Complaint, the date of resolution of the
Complaint, and a description of the resolution.
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4.6 DISCONNECTION
Comcast may disconnect or terminate a Subscriber’s service for cause:
(a) If at least thirty (30) days have elapsed from the due date of the bill that
Subscriber has failed to pay; and
(b) If Comcast has provided at least ten (10) days’ notice to the affected Subscriber
prior to disconnection, specifying the effective date after which Cable Services are subject to
disconnection. Said notice may be part of a bill; and
(c) If there is no pending written dispute with Comcast regarding the bill; or
(d) If at any time and without notice, Comcast determines in good faith that
Subscriber has tampered with or abused Comcast’s equipment or service or is engaged in theft of
Cable Service or has exhibited violent or threatening behavior toward its employees.
4.7 SERVICE INTERRUPTIONS
(a) Excluding conditions beyond its control, Comcast shall begin working on a
Service Interruption promptly and in no event later than twenty-four (24) hours after the
interruption becomes known and shall pursue to completion. Notice of a Service Interruption of
a single Subscriber shall give rise to this obligation on behalf of Comcast. All other service calls
not affecting public health, safety or welfare must be responded to within forty-eight (48) hours
after notice to Comcast.
(b) In the event that there is a Service Interruption to any Subscriber for six (6) or
more consecutive hours and upon receipt of written or credible oral request, Comcast shall grant
such Subscriber a pro rata credit or rebate, on a daily basis, of that portion of the service charge
during the next available billing cycle, or, at its option, apply such credit to any outstanding
balance that is currently due.
4.8 PRIVACY
(a) Comcast shall at all times comply with the privacy provisions of Section 631 of
the Cable Act and all other applicable federal and state privacy laws and regulations.
(b) Comcast shall at all times maintain adequate physical, technical and
administrative security safeguards to ensure that personally-identifiable Subscriber information
is handled and protected strictly in accordance with this policy and all applicable laws and
regulations.
(c) Except as permitted by Section 631 of the Cable Act as amended, neither Comcast
nor its designee nor its employees shall make available to any third party, including the City,
information concerning the viewing habits or subscription package decisions of any individual
Subscriber. If a court authorizes or orders such disclosure, Comcast shall notify the Subscriber
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prior to disclosure, unless such notification is otherwise prohibited by applicable law or the
court.
(d) Upon a request by a Subscriber, Comcast shall make available for inspection at a
reasonable time and place all personal Subscriber information that Comcast maintains regarding
said Subscriber. Comcast shall ensure that all information related to billing and service requests
is accurate and up to date and shall provide subscribers with a reasonable opportunity to correct
any errors upon discovery.
(e) Comcast shall not make its Subscriber list or lists, or any portion thereof,
available to any other person or entity, with or without remuneration in conformance with
Section 631 of the Cable Act.
(f) Nothing in this section is intended to prohibit the use of viewing or other
information in a manner that complies with applicable privacy requirements, including Section
631 of the Cable Act, for the delivery of advanced services such as program recommendations,
advertising, and interactivity features.
SECTION 5
REGULATION BY THE CITY
5.1 RIGHT TO INSPECT
(a) The City shall have the option, upon thirty (30) business days written notice and
during Normal Business Hours, to inspect at the notice location for Comcast specified in Section
9.3, all documents, records and other pertinent information maintained by Comcast which relate
to the terms and conditions of this Agreement and applicable law.
(b) In addition, Comcast shall maintain for inspection by the public and the City all
records required by the FCC as specified in 47 C.F.R. § 76.305 in the manner specified therein.
(c) Upon thirty (30) days written request to Comcast, the City may inspect the Cable
System at any time to ensure compliance with this Agreement and applicable law, including to
ensure that the Cable System is constructed and maintained in a safe condition. The City may not
conduct a physical inspection of the Cable System or open any vaults, pedestals or conduits
without the express permission of Comcast. The City may not inspect the Cable System on
Comcast’s property other than for permitted work. If an unsafe condition is found to exist, the
City, in addition to taking any other action permitted under applicable law, may order Comcast,
in writing, to make the necessary repairs and alterations specified therein forthwith to correct the
unsafe condition within a reasonable time established by the City.
(d) Notwithstanding anything to the contrary set forth herein, all information
specifically marked by Comcast as proprietary or confidential in nature and furnished to the City
or its designated representatives shall be treated as confidential by the Municipality so long as it
is permitted to do so under applicable law. Representatives and/or agents and/or designees of the
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City may be requested to execute a non-disclosure agreement prior to the provision by Comcast
of certain confidential information provided such representatives and/or agents are permitted to
do so under applicable law. The City and its officially designated representatives agree in
advance to treat any such information or records which Comcast reasonably deems proprietary or
confidential as confidential so long as permitted to do so under applicable law and only to
disclose it to Municipal employees, agents, or representatives who have a need to know or in
order to enforce the provisions of this Agreement. In the event a request is made by an
individual or entity not an employee, agent or representative of the City acting in their official
capacity, or in the event the City has in its possession or receives a request under a state
“sunshine,” public records, or similar law for information related to the Franchise and marked by
Comcast as confidential and/or proprietary, the City shall notify Comcast of such request and
take any necessary action to not prejudice Comcast’s ability to oppose such request. Comcast
shall not be required to provide Subscriber information in violation of Section 631 of the Cable
Act, or information which is not relevant to regulation of the franchise (e.g.) employee files, tax
returns, etc.)
5.2 RIGHT TO CONDUCT COMPLIANCE REVIEW
Not more than once every thirty-six (36) months during the term of this Agreement, the
City or its representatives may conduct a full compliance review with respect to whether
Comcast has complied with the material terms and conditions of this Agreement so long as it
provides Comcast with thirty (30) days written notice in advance of the commencement of any
such review or public hearing. Such notice shall specifically reference the section(s) or
subsection(s) of the Agreement that is (are) under review, so that Comcast may organize the
necessary records and documents for appropriate review by the City. Within thirty (30) days of a
written request, Comcast shall provide the City with copies of records and documents reasonably
related to the cable compliance review. The period for any such review shall be for not more than
the twelve (12) months immediately previous to the notice. The City shall promptly inform
Comcast of any non-compliance issues that result from the compliance review or shall promptly
issue an affirmative letter as to Comcast’s compliance with the terms and conditions of the
Agreement.
5.3 RESERVED AUTHORITY
The City reserves the regulatory authority arising from the Cable Act and any other
applicable federal or state laws or regulations. Nothing in this Agreement shall remove, restrict
or reduce the City’s authority, rights and privileges it now holds, or which hereafter may be
conferred upon it, including any right to exercise its police powers in the regulation and control
of the use of the Public Rights-of-Way.
5.4 POLICE POWERS
Comcast's rights under this Agreement are subject to the police powers of the City to
adopt and enforce general laws and regulations necessary for the safety and welfare of the public.
Such laws and regulations are separate and distinct from the terms and conditions contained in
this Agreement. If the City’s lawful exercise of its police powers materially alters the rights,
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benefits, obligations, or duties of this Agreement, Comcast and City shall modify the provisions
of this Agreement to minimize the negative effects on Comcast of the material alteration.
5.5 NO LIMITATION ON TAXING OR FEE AUTHORITY
Nothing in this section or in this Agreement shall be construed to limit the authority of
the City to impose any tax, fee or assessment of general applicability. Such taxes, fees or
assessments shall be in addition to Franchise Fees.
5.6 PERMITS
Comcast shall apply to the City for all generally-applicable required permits and shall
not undertake any activities in the Public Rights-of-Way subject to a permit without receipt of
such permit, the issuance of which shall not be unreasonably withheld by the City. Comcast
shall not be required to obtain permits for Cable Service drops for individual Subscribers or for
servicing or installation of pedestals or routine maintenance that does not disturb surface grade or
impact vehicular traffic. Comcast shall pay any and all required permit fees.
5.7 REPORTING
In addition to the other reporting requirements contained in this Agreement, Comcast
shall provide the following reports to the City:
(a) Subscriber Complaint Reports
Within thirty (30) days of a written request, Comcast shall submit to the City a
report showing the number of Complaints, as defined in Section 1(g), that required a work order
and/or service call, originating from the City and received during the previous twelve (12) month
reporting period, the dates they were received, summary descriptions of the Complaints, the
dates the Complaints were resolved and summary descriptions of the resolutions.
In addition, and upon written request, Comcast shall provide a report containing at
least the following statistical information for the previous twelve (12) month period:
(1) Number of repair service requests received;
(2) Breakdown by type of complaint received (i.e. complete outage, snowy
picture, etc.);
(3) Breakdown by cause of problem (i.e. subscriber equipment,
drop/converter, system, etc.);
(4) Number of known service interruptions and the approximate length of
time of each such interruption;
(b) Annual Financial Reports
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Within thirty (30) days of a written request, Comcast shall submit to the City its
current financial statement, including a statement of income, balance sheet and a statement of
sources and applications of funds which shall be verified by Comcast’s Chief Financial Officer
in accordance with Generally Accepted Accounting Principles. Submission by Comcast of the
most recent U.S. Securities and Exchange Commission Annual Report Form 10-K prepared by
Comcast shall be deemed as satisfactory compliance with this Section 5.7(b).
(c) Government Reports
Comcast shall provide to the City, upon written request, copies of any and all
communications, reports, documents, pleadings and notifications of any kind which Comcast has
submitted to any federal, state or local regulatory agencies if such documents relate specifically
to Comcast’s Cable System within the City. Comcast shall provide copies of such documents no
later than thirty (30) days after their request.
SECTION 6
COMPENSATION TO THE CITY
6.1 FRANCHISE FEES
Comcast shall pay to the City an amount equal to five percent (5%) of the Gross
Revenues derived from the operation of its Cable System to provide Cable Service in the City.
Comcast shall not deduct or otherwise credit against the Franchise Fee any tax, fee or assessment
of general applicability. The City may amend the Franchise Fee upon written notice to Comcast
provided that the Franchise Fee may not exceed the maximum percentage permitted by law. A
copy of the Resolution or Ordinance authorizing the Franchise Fee rate adjustment by the City
shall accompany such written notice. Any change in Comcast’s Franchise Fee obligation
contained herein shall commence within ninety (90) days from such written notice.
6.2 QUARTERLY PAYMENTS
Franchise Fee payments to the City under this provision shall be computed at the end of
each calendar quarter. Such payments shall be made within forty-five (45) days following the
end of each of the first three (3) calendar quarter and sixty (60) days after the fourth calendar
quarter. Specifically, payments shall be due and payable on or before May 15 (for the first
quarter), August 15 (for the second quarter), November 15 (for the third quarter), and March
1(for the fourth quarter). In the event that any Franchise Fee payment is not made on or before
the date by which it is due, then interest calculated at the then-current prime rate, as published by
the Wall Street Journal, shall be added to the amount of Franchise Fee revenue due to the City.
The interest rate shall be applied as described from the date such Franchise Fee payment was
originally due. No acceptance of any payment shall be construed as an accord that the amount
paid is in fact the correct amount, nor shall acceptance of any payment be construed as a release
of any claim the City may have for additional sums payable under this Agreement. Upon request
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and if mutually agreeable, Comcast shall deposit the Franchise Fee payments electronically into
an account as designated by the City.
6.3 QUARTERLY REPORTS
Within ten (10) days of each Franchise Fee Payment described in Section 6.2 above,
Comcast shall provide a written report containing an accurate statement of Comcast’s Gross
Revenues received for Cable Services for each calendar quarter in connection with the operation
of Comcast’s Cable System and showing the basis for the computation of fees. Specifically, the
report shall contain line items for sources of revenue received and the amount of revenue
received from each source. The report shall be verified by a financial representative of Comcast.
6.4 FRANCHISE FEE REVIEW
Not more than once every three (3) years the City shall have the right to conduct a
Franchise Fee review of Comcast’s records reasonably related to the sources, amounts and
computation of Gross Revenues. Any such Franchise Fee review shall occur within thirty-six
(36) months from the date the City receives such payment, after which period any such payment
shall be considered final. Within thirty (30) days of a written request, Comcast shall provide the
City with copies of financial records related to the Franchise Fee review.
(a) In the event of an alleged underpayment, the City shall provide Comcast with a
written statement indicating the basis for the alleged underpayment. If the Franchise Fee review
reveals that there have been no underpayments, the City shall provide written notice to Comcast
indicating that no underpayments were found and that the Franchise Fee review is closed.
Comcast shall have thirty (30) days from the receipt of the statement regarding an alleged
underpayment to provide the City with any written objection to the results of the Franchise Fee
review, including any substantiating documentation. Based on this exchange of information, the
City shall make a final determination of the underpayment(s), if any, within thirty (30) days of
Comcast’s objection and shall provide Comcast with written notice of the determination. If
Comcast disputes the City’s final determination, it may submit the dispute to mediation or
arbitration within thirty (30) days of receiving the City’s written notice of determination. In the
event an agreement is not reached at mediation or arbitration, either party may bring an action to
have the disputed amount determined by a court of law.
(b) Any Franchise Fee payment due to the City as a result of the Franchise Fee
review shall be paid to the City by Comcast within sixty (60) days from the date the City notifies
Comcast of its final determination, or if the matter is submitted to mediation, litigation, or a court
of law, within sixty (60) days from the final disposition of such action. If the Franchise Fee
review shows that Franchise Fees have been underpaid, then Comcast shall pay the underpaid
amount plus monetary fines of ten percent (10%) of the underpayment, provided however, that
Comcast shall not be compelled to pay a higher fine percentage under this Section than any other
wired video service provider in the Franchise Area pursuant to any franchise, or other
authorization, entered into subsequent to this Franchise Agreement. If Franchise Fees have been
underpaid by five percent (5%) or more, then Comcast shall also pay up to three thousand dollars
($3,000) of documented out-of-pocket costs of the Franchise Fee review. Any entity employed
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by the municipality that performs an audit or franchise fee review shall not be permitted to be
compensated on a success based formula, e.g. payment based upon underpayment of fees, if any.
6.5 BUNDLED SERVICES
If Cable Services subject to the Franchise Fee required under this Section are provided to
Subscribers in conjunction with non-Cable Services and the total cost of the bundle reflects a
discount from the aggregate retail prices of the services contained therein, then the Franchise Fee
shall be applied to the retail price of the Cable Services in the bundle reduced by no more than a
proportionate share of the overall discount. Equipment may be allocated at full retail price.
SECTION 7
SERVICES TO THE COMMUNITY
7.1 SERVICES TO MUNICIPAL FACILITIES
Upon written request, Comcast shall, at no charge to the City, provide one (1)
complimentary standard installation and complimentary cable services as described herein below
to all present and future public facilities including, but not limited to, the following: the City
Building, police stations, fire companies, public works buildings, municipal owned and operated
community facilities, water and sewer authorities, all public school buildings and public libraries
(“Permitted Locations”), but shall not include buildings owned by the City but leased to third
parties or buildings such as storage facilities at which government employees are not regularly
stationed. Comcast shall maintain any complimentary courtesy Cable Service being provided to
Permitted Locations as of the Effective Date.
(a) Upon request, Comcast shall provide or maintain, at no charge to the City, one (1)
standard cable Drop, outlet, converter box (and any other required end user equipment) and
Standard Cable level Services (or equivalent) package to each Permitted Location. No charge
shall be made for standard installation, except that Comcast may charge for underground
installation, installation beyond two hundred (200) feet from the cable plant, and/or for more
than one (1) drop in each Permitted Location.
(b) For the purposes of this section, the term “school” means an educational
institution that receives funding pursuant to Title I of the Elementary and Secondary Education
Act of 1965, 20 U.S.C. § 6301 et seq., as amended, and does not include “home schools” or
“cyber schools,” or any other educational situation that does not meet the specific criteria set
forth herein. During the term of this Agreement, new public facilities shall be eligible to receive
such complimentary service to the extent that they meet the qualifications as set forth herein
above as Permitted Locations.
7.2 EDUCATIONAL AND GOVERNMENTAL (EG) CHANNEL
(a) Comcast shall provide to the City, within one hundred eighty (180) days of a
written request and as set forth herein, the use of one (1) dedicated Educational and
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Governmental (“EG”) Access Channel in accordance with Section 611 of the Cable Act. Such
EG Channel shall be used for community programming related to educational and/or
governmental activities. Such programming shall be non-commercial, except that it may include
underwriting or sponsorships of the type that are typically displayed by the Public Broadcasting
System. The City shall have complete control over the content, scheduling, administration and all
other programming aspects of the EG Channel, and may delegate such functions, or a portion of
such functions, to an appropriate designee. Comcast shall not exercise editorial control over any
EG Channel programming, except Comcast may refuse to transmit any program or portion of a
public access program that contains obscenity, indecency, or nudity pursuant to Section 611 of
the Cable Act, to the extent allowed by applicable law. Comcast shall cablecast the activated EG
Channel so that it may be received by all Comcast Subscribers in the City.
(b) To enable the City to continue to utilize the EG Channel, Comcast shall continue
to provide a direct fiber link, including activation equipment capable of transmitting HD quality
video and audio between the video origination location at 15 Loockerman Plaza, Dover, DE
19903 and the Comcast headend such that live programming can originate from this selected
location and be distributed via the Cable System to Subscribers in the City. This fiber link and
equipment shall be collectively known as the “Return Line.”
(c) Any expenditure made in connection with the construction, maintenance, or
relocation of the Return Line shall be at the expense of the City. The City and Comcast further
agree that all costs incurred by Comcast for supporting such EG Channel, including any and all
maintenance, equipment and EG support grants may be designated as “costs of franchise
requirements” or “external costs” as defined by the FCC and Comcast reserves its right to pass
these costs through to the Subscribers pursuant to federal law.
(d) Comcast shall be responsible for maintaining the Return Line to the video
origination point of the EG Channel so long as the City provides Comcast with access to such
location and access to the EG Channel equipment within such location. Comcast shall provide,
install and maintain in good working order the equipment and the cable necessary for
transmitting the signal to the channel aggregation site for further processing and distribution to
Subscribers. Comcast shall maintain the EG Channel in accordance with the same FCC
technical specifications that are comparable to the specifications used to maintain commercial
channels transmitted to Subscribers on the Cable system, except that it shall not be responsible
for the technical signal quality of programming produced by any EG channel programmer.
(e) The City or its designee shall be responsible for providing any necessary
production or playback equipment and shall be responsible for securing and supervising any
trained/qualified personnel who conduct the operation of the EG channel. The City and Comcast
agree to work cooperatively in implementing the EG channel through such means and in such
manner as shall be mutually satisfactory.
(f) Within one hundred eighty (180) days of a written request by the City, Comcast
shall relocate the EG origination site and the associated Return Line one (1) time during the term
of this Agreement as follows: (i) the new location must be located within one hundred twenty-
five (125) feet of Comcast’s main distribution line; (ii) Comcast’s obligation shall be subject to
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the same terms and conditions that apply to the original EG origination site in this Section; and
(iii) the City shall provide access to such site at least ninety (90) days prior to anticipated use of
the new EG origination site. The timeline for relocation of the EG origination site shall be
subject to the timely granting of any and all required permits, walk-out, make ready, and the
detection of all underground utilities. Comcast shall be responsible for fifty percent (50%) of the
costs associated with a relocation of the EG origination site hereunder up to a maximum of fifty
thousand dollars ($50,000). The City shall be responsible for any remaining costs and payment
shall be made in advance to Comcast subject to Comcast providing the City with a detailed
estimate of said costs.
(g) In the event the City or its designee does not program any EG Channel, Comcast
may request the use of this channel subject to written approval by the City. If the City approves
Comcast’s use of an EG Channel and, subsequent to such approval, the City requests the
utilization of the EG Channel being programmed by Comcast, Comcast shall relinquish such use
no later than sixty (60) days after receipt of written notification from the City that it requires
such channel for educational and/or governmental use.
7.3 EG GRANT
(a) Comcast shall pay to the City an amount equal to twenty-five cents ($.25) a
Subscriber per month as support for lawful EG uses; provided, however, that Comcast shall not
be compelled to pay a higher EG support amount than any other cable operator providing service
in the City pursuant to any agreement, whether a Franchise or otherwise, entered into subsequent
to this Franchise Agreement. Such payments shall be made within forty-five (45) days following
the end of each of the first three (3) calendar quarter and sixty (60) days after the fourth calendar
quarter. Specifically, payments shall be due and payable on or before May 15 (for the first
quarter), August 15 (for the second quarter), November 15 (for the third quarter), and March
1(for the fourth quarter). The City shall allocate such amount in accordance with applicable law.
(b) The EG Grant funding need not be used in the year it is received and may
accumulate during the life of the Agreement. Upon request, the City shall provide Comcast with
an annual report documenting any EG funding used during the previous year. In the event that
the City cannot demonstrate the EG funding actually used during the previous year was used for
lawful EG uses and in accordance with applicable law, Comcast’s EG funding obligation going
forward shall be reduced by an equivalent amount.
SECTION 8
ENFORCEMENT, INSURANCE AND INDEMINIFICATION
8.1 VIOLATIONS AND OPPORTUNITY TO CURE
(a) If the City has reason to believe that Comcast violated any provision of this
Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of
this Agreement that it believes has been violated and the details relating thereto.
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(b) Comcast shall have thirty (30) days to cure such violation after written notice is
received by taking reasonable steps to comply with the terms of this Agreement or demonstrate
to the City that no violation has occurred. If the nature of the violation is such that it cannot be
fully cured within thirty (30) days, the period of time in which Comcast must cure the violation
shall be extended by the City in writing for such additional time necessary to complete the cure,
provided that Comcast shall have promptly commenced to cure and is taking reasonable steps to
cure in the reasonable judgment of the City.
(c) If the violation has not been cured within the time allowed under Section 8.1(b)
and, in the City’s judgment, Comcast has not taken reasonable steps to cure the violation, or if
the City disagrees with Comcast’s demonstration that no violation has occurred, then the City
may deem that Comcast is liable for liquidated damages and/or any other right or remedy in
accordance with Section 8.2.
(d) No violation shall be deemed to have occurred if the violation occurs without the
fault of Comcast or occurs as a result of circumstances beyond its control or by reason of Force
Majeure as defined in Section 1(m). Comcast shall not be excused from the performance of any
of its obligations under this Franchise by mere economic hardship or by the misfeasance or
malfeasance of its directors, officers or employees.
8.2 LIQUIDATED DAMAGES
(a) Because Comcast’s failure to comply with material terms of this Agreement may
result in harm to the City and because it will be difficult to measure the extent of such injury, the
City may assess liquidated damages against Comcast in the amount of One Hundred Dollars
($100.00) per day for each day a violation of a material term continues up to a maximum of
Twelve Thousand Dollars ($12,000) per year, provided Comcast has had an opportunity to cure
in accordance with Section 8.1(b). The City shall provide Comcast with written notice that it
intends to elect the liquidated damages remedies set forth herein. Such damages shall be an
exclusive remedy for the time period in which they are assessed, provider, however, they shall
not be a substitute for specific performance by Comcast or legal action by the City once
assessment ceases, but shall be in addition to such specific performance or legal action. Nothing
herein is intended to allow duplicative recovery from or payments by Comcast or its surety(s).
(b) With respect to liquidated damages assessed pursuant to Section 8.2, all similar
violations or failures from the same factual events affecting multiple Subscribers shall be
assessed as a single violation, and a violation or a failure may only be assessed under any one
material term.
(c) The first day for which liquidated damages may be assessed, if there has been no
cure after the end of the applicable cure period, shall be the day after the end of the applicable
cure period, including any extension of the cure period granted by the City. Liquidated damages
may not be assessed for a time period exceeding one hundred and twenty (120) days per
violation. The City may commence revocation proceedings and/or initiate an action in law or
equity in a court of competent jurisdiction after the assessment of liquidated damages or in lieu
of liquidated damages.
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8.3 REVOCATION
(a) In addition to the other rights, powers and remedies retained by the City under
this Agreement, the City reserves the separate and distinct right to revoke this Franchise if:
(1) It is demonstrated that Comcast practiced any fraud or deceit upon the
City in the operation of its Cable System or any other activities pursuant to this Agreement;
(2) Comcast repeatedly fails, after notice and opportunity to cure, to maintain
signal quality pursuant to the standards provided for by the FCC or the technical requirements set
forth in Section 3.1;
(3) Comcast repeatedly violates, after notice and opportunity to cure, one or
more of the material terms or conditions of this Agreement;
(b) A revocation shall be declared only by a written decision of the City Council
after an appropriate public hearing that shall afford Comcast due process and full opportunity to
be heard. This shall include the ability to introduce evidence, to question witnesses and to
respond to any notice of grounds to terminate in accordance with the standards of a fair hearing
applicable to administrative hearings in the State of Delaware. All notice requirements shall be
met by providing Comcast at least thirty (30) days prior written notice (via certified mail-return
receipt requested) of any public hearing concerning the proposed revocation of this franchise.
Such notice shall state the grounds for revocation. The City, after a public hearing and upon
finding the existence of grounds for revocation, may either declare this franchise terminated or
excuse such grounds upon a showing by Comcast of mitigating circumstances or good cause for
the existence of such grounds. The City shall issue such declaration and finding within thirty
(30) days in a written decision which shall be sent via certified or overnight mail to Comcast.
Comcast may appeal such determination to an appropriate court.
8.4 PERFORMANCE BOND
(a) Comcast shall obtain and maintain, throughout the term of this Agreement, at its
sole cost and expense, a performance bond with a surety company licensed to do business in the
State of Delaware to ensure Comcast’s faithful performance of its obligations imposed by this
Agreement. The performance bond shall provide that the City may recover from the principal
and surety any and all liquidated damages and/or compensatory damages incurred by the City for
Comcast’s violations of this Agreement, after notice and opportunity to cure, in accordance with
Sections 8.1 and 8.2. The City shall give Comcast twenty (20) business days’ notice of its intent
to draw from the performance bond. The City may not draw from the performance bond while
any action, appeal or other process has been instituted by Comcast to challenge the amount
owed.
(b) The performance bond shall be in the amount of Twenty-Five Thousand Dollars
($25,000). In the event that a performance bond provided pursuant to the Agreement is not
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renewed or is cancelled, Comcast shall provide new security pursuant to this Section 8.4 within
thirty (30) days of such cancellation or failure to renew.
8.5 INSURANCE
(a) Comcast shall obtain and maintain, in full force and effect, at its sole cost and
expense, during the Franchise term, the following minimum insurance coverage with an
insurance company that is authorized to conduct business in Delaware and which has an A.M.
Best rating (or equivalent) no less than A-minus VII, indemnifying the City from and against any
and all claims for injury or damage to persons or property, both real and personal, caused by the
construction, installation, reconstruction, operation, maintenance or removal of the Cable System
by Comcast or any of its contractors, subcontractors, agents or employees in the following
amounts:
(1) The amount of such insurance against liability for damage to property
shall be no less than One Million Dollars ($1,000,000) as to any one (1) occurrence.
(2) The amount of such insurance against liability for injury or death to any
person shall be no less than One Million Dollars ($1,000,000).
(3) The amount of such insurance for excess liability shall be Three Million
Dollars ($3,000,000) in umbrella form.
(4) The amount of such insurance against all claims arising out of the
operation of motor vehicles and general tort or contract liability shall be One Million Dollars
($1,000,000).
(b) The City, its officials and employees, shall be designated as additional insureds
under each of the insurance policies required in this Section 8.5.
(c) Comcast shall not cancel or not renew any required insurance policy without
obtaining alternative insurance in conformance with this Section 8.5.
(d) Comcast shall deliver to the City Certificates of Insurance showing evidence of
the required coverage within thirty (30) days of a written request by the City.
8.6 INDEMNIFICATION
Comcast shall indemnify, defend, save and hold harmless the City, its elected and
appointed officials, officers, agents and employees acting in their official capacities, from claims
for injury, loss, liability, cost or expense arising in whole or in part from, caused by or connected
with any act or omission of Comcast, its officers, agents, contractors, subcontractors or
employees, arising out of, the construction, installation, upgrade, reconstruction, operation,
maintenance or removal of the Cable System. The City shall give Comcast timely written notice
of its obligation to indemnify and defend the City. The City agrees that it will cooperate with
Comcast to avoid a default judgment and not prejudice Comcast’s ability to defend the claim or
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action. The obligation to indemnify, defend, save and hold the City harmless shall include, but
not be limited to, the obligation to pay judgments, injuries, liabilities, damages, penalties, and
reasonable attorneys’ fees. If the City determines that it is necessary for it to employ separate
counsel, in addition to that provided by Comcast, the cost for such separate counsel shall be the
responsibility of the City. Comcast shall not indemnify the City for any claims resulting from
acts of willful misconduct or negligence on the part of the City.
SECTION 9
MISCELLANEOUS
9.1 FORCE MAJEURE
If for any reason of force majeure, Comcast is unable in whole or in part to carry out its
obligations hereunder, Comcast shall not be deemed in violation of this Agreement during the
continuance of such inability.
9.2 REMOVAL OF SYSTEM
(a) Upon lawful termination or revocation of this Agreement, Comcast shall remove
its supporting structures, poles, transmissions and distribution systems and other appurtenances
from the streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private
places in, over, under, or along which they are installed and shall restore the areas to their
original condition. If such removal is not completed within six (6) months of such lawful
termination or revocation, the City or property owner may deem any property not removed as
having been abandoned and the City may remove it at Comcast’s cost.
(b) During the term of the Agreement, if Comcast decides to abandon or no longer
use all or part of its Cable System, it shall give the City written notice of its intent at least ninety
(90) days prior to the announcement of such decision, which notice shall describe the property
and its location. The City shall have the right to either require Comcast to remove the property
or remove the property itself and charge Comcast with the costs related thereto.
(c) Notwithstanding the above, Comcast shall not be required to remove its Cable
System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a
result of revocation, denial of renewal, or any other lawful action to forbid or disallow Comcast
from providing Cable Services, if the Cable System is actively being used to facilitate any other
services not governed by the Cable Act.
9.3 NOTICES
Every notice or payment to be served upon or made to the City shall be sent to:
City of Dover
15 Loockerman Plaza
Dover, DE 19901
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Attention: CITY MANAGER’S OFFICE
The City may specify any change of address in writing to Comcast. Every notice to be
served upon Comcast shall be sent to:
Comcast
253 Najoles Road
Millersville, Maryland 21108
Attention: Government Affairs Department
With copies to:
Comcast Cable
7850 Walker Drive, 2nd Floor
Greenbelt, MD 20770
Attention: Government Affairs Department
and
Comcast
Northeast Division
676 Island Pond Road
Manchester, NH 03109
Attention: Government Affairs Department
Comcast may specify any changes of address in writing to the City. Each delivery to
Comcast or the City shall be in writing and shall be sufficiently given and served upon the other
party by hand delivery, first class mail, registered or certified, return receipt requested, postage
prepaid, or by reputable overnight courier service. Each delivery shall be equivalent to direct
personal notice, direction or order, and shall be deemed to have been given at the time of receipt.
9.4 EQUAL EMPLOYMENT OPPORTUNITY
Comcast is an equal opportunity employer and shall comply with all applicable federal
and state laws and regulations regarding equal opportunity employment.
9.5 CAPTIONS
The captions for sections throughout this Agreement are intended solely to facilitate
reading and reference to the sections and provisions of this Agreement. Such captions shall not
affect the meaning or interpretation of this Agreement.
9.6 GOVERNING LAW; VENUE
This Agreement shall be governed and construed by and in accordance with the laws of
the State of Delaware. If suit is brought by a party to this Agreement, the parties agree that trial
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of such action shall be vested exclusively in the state courts of Delaware, County of Kent, or in
the United States District Court for the District of Delaware.
9.7 TRANSFER, ASSIGNMENT OR CHANGE IN CONTROL
(a) Neither Comcast nor its parent nor any Affiliated Entity shall transfer, assign or
otherwise encumber, through its own action or by operation of law, its right, title or interest in
the Cable System or in this Agreement without the prior written consent of the City, provided
that such consent shall not be unreasonably withheld.
(b) Neither Comcast nor its parent nor any Affiliated Entity shall change, transfer or
assign, through its own action or by operation of law, its control of the Cable System or of this
Agreement without the prior written consent of the City, provided that such consent shall not be
unreasonably withheld.
(c) Neither Comcast nor its parent nor any Affiliated Entity shall sell, convey,
transfer, exchange or release more than fifty (50%) of its equitable ownership in the Cable
System without the prior written consent of the City, provided that such consent shall not be
unreasonably withheld.
(d) No such consent shall be required for (i) a transfer in trust, by mortgage,
hypothecation, or by assignment to a financial institution of any rights, title or interest of
Comcast in the Franchise or in the Cable System in order to secure indebtedness; or (ii) a transfer
to an entity owned and/or controlled by Comcast.
(e) Comcast shall make written application to the City of any transfer, change in
control or assignment as described above and shall provide all information required by FCC
Form 394 and any other applicable federal, state, and local statutes and regulations regarding
transfer or assignment. The City shall have thirty (30) days from the receipt of FCC Form 394 to
notify Comcast of any additional information it needs to make an informed decision on the
transfer or assignment. The City shall have one hundred twenty (120) days from the receipt of
all required information to take action on the transfer or assignment.
(f) Any consent by the City for any transfer or assignment described above shall not
be effective until the proposed transferee or assignee shall have executed a legally binding
document stating that it shall be bound by all the terms and conditions contained in this
Agreement.
9.8 ENTIRE AGREEMENT
This written instrument contains the entire agreement between the parties, supersedes all
prior agreements or proposals whether written or oral except as specifically incorporated herein,
and cannot be changed without written amendment approved by both the City and Comcast.
This Agreement supersedes all prior cable franchise agreements or cable ordinances, or parts of
cable franchise agreements or cable ordinances, that are in conflict with the provisions herein.
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9.9 SEVERABILITY
If any section, provision or clause of this Agreement is held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, or is pre-empted by federal or state laws or
regulations, such section, provision or clause shall be deemed to be severable from the remaining
portions of this Agreement and shall not affect the legality, validity or enforceability of the
remaining portions of this Agreement.
9.10 NO WAIVER OF RIGHTS
No course of dealing between the City and Comcast, nor any delay on the part of the City
in exercising any rights hereunder, shall operate as a waiver of any such rights of the City or
acquiescence in the actions of Comcast in contravention of such rights, except to the extent
expressly waived by the City.
No course of dealing between Comcast and the City, nor any delay on the part of
Comcast in exercising any rights hereunder, shall operate as a waiver of any such rights of
Comcast or acquiescence in the actions of the City in contravention of such rights, except to the
extent expressly waived by Comcast.
9.11 CHANGE OF LAW
(a) In the event there is a change in a federal or state statute or regulation applicable
to the Cable System or to this Agreement, the City or Comcast may notify the other party of its
desire to amend this Agreement in order to comply with the change in statute or regulation. The
City and Comcast may amend this Agreement to comply with such change in statute or
regulation provided such amendment is approved by the City and Comcast.
(b) Should the federal government, State, or FCC require Comcast to perform or
refrain from performing any act the performance or non-performance of which is inconsistent
with any provision herein, the City and Comcast will thereupon, if they determine that a material
provision herein is affected, modify any of the provisions herein to reflect such government
action.
9.12 COMPLIANCE WITH LAWS
All presently and hereafter applicable conditions and requirements of federal, State and
generally applicable local laws, including but not limited to the rules and regulations of the FCC
and the State where the City is located, as they may be amended from time to time, are
incorporated herein by reference to the extent not enumerated herein.
9.13 THIRD-PARTY BENEFICIARIES
Nothing in this Agreement is or was intended to confer third-party beneficiary status on
any person other than the parties to this Agreement to enforce the terms of this Agreement.
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9.14 APPLICABILITY OF AGREEMENT
All of the provisions in this Agreement shall bind Comcast, the City and their respective
successors and assigns. This Agreement is authorized by a motion of City Council dated May 22,
2017 of the City Council.
WITNESS our hands and official seals to this Cable Franchise Agreement.
CITY OF DOVER
By:
Name:
Title:
Date:
COMCAST OF DELMARVA, LLC
By: ________________________________________
Name: Mary McLaughlin
Title: Regional Senior Vice President ________
Date: ______________________________________
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TO: Mayor and Members of City Council
FROM: Traci A. McDowell, City Clerk
DATE: May 22, 2017
SUBJECT: May 16, 2017 Special First (1st) District Municipal Election Results
Following are the results of the 2017 Special First (1st) District Municipal Election, as certified by the Election Board:
FIRST (1ST) DISTRICT
Candidate Votes % of District Votes % of District Voters
Rachel L. Dunning 77 14.42% 1.08%
Matthew J. Lindell 230 43.07% 3.22%
Ronald G. Poliquin 227 42.51% 3.18%
TOTAL VOTES CAST 534
TOTAL REGISTERED VOTERS 7,149
% OF DISTRICT VOTERS 7.47%
/tm
S:\CAFS\ELECTION RELATED\2017 Special 1st District Election Results for Council Packet.wpd
Paj 150
FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2017-06
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-2 - Weapons Generally, Paragraph (d) -
4 Prohibited, (2) - Furnishing to Certain Persons, of the Dover Code be amended by inserting the bold, blue text,
5 as follows:
6 Sec. 70-2. - Weapons generally.
7 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
8 ascribed to them in this section, except where the context clearly indicates a different meaning:
9 Municipal building shall mean any building where the city meets in its official capacity, including non-city
10 owned or leased buildings during the time in which the city is meeting in or occupying the building, or any
11 building containing the offices of city elected officials and of city employees actively engaged in performing
12 governmental business. Parking facilities are excluded.
13 Weapon shall mean any firearm from which a shot, projectile or other object may be discharged, or any
14 air gun, BB gun, or any instrument, toy or weapon commonly known as a "peashooter," "slingshot" or
15 "beany," or any bow made for the purpose of throwing or projecting missiles of any kind, or any knife,
16 brass or metal knuckles, or any club loaded with lead or other weight, or any blackjack or billyclub.
17 (b) Unlawful discharge. It shall be unlawful for any person to discharge any firearm within the city, except
18 lawfully in self-defense, in defense of property, in defense of others or as permitted in paragraph (c).
19 (c) Lawful discharge.
20 (1) Law enforcement officers. The discharge of weapons by any law enforcement officer while on duty,
21 or as necessary in the lawful discharge of his or her duties, is permitted.
22 (2) Galleries and ranges. The discharge of weapons at licensed shooting galleries or ranges when the
23 instrument can be fired, discharged or operated in a manner that shall not endanger persons or
24 property, and also in a manner that shall prevent the projectile from traversing any grounds or space
25 outside the limits of the gallery or range is permitted.
26 (d) Prohibited.
27 (1) Business display. It shall be unlawful for any pawnbroker, secondhand dealer or other person who
28 engages in business in the city to display, or to place on exhibition in any show window or other
29 window facing upon any street, any pistol, revolver or other firearm with a barrel of less than 12
30 inches in length, or any switchblade knife, or any brass or metal knuckles, or any club loaded with
31 lead or other weight, or any blackjack or billyclub.
32 (2) Furnishing to certain persons. It shall be unlawful for any person to purchase from, or sell, loan or
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Proposed Ordinance #2017-06 - Chapter 70 - Offenses and Miscellaneous Provisions Page 2
33 furnish any weapon to any person under the influence of any alcoholic beverage or any illegal narcotic
34 drug, stimulant or depressant, any person in a condition of agitation and excitability or a minor under
35 the age of 18 years. Nothing in this ordinance shall be construed to prohibit the furnishing
36 of weapons pursuant to an authorized course of school instruction, or for the purpose of
37 engaging in any school-authorized sporting or recreational activity.
38 (3) Possession of firearms, ammunition, components of firearms, or explosives in municipal
39 buildings. Except as set forth in section (c) below, possession of firearms, ammunition, components
40 of firearms, or explosives is prohibited in all municipal buildings.
41 a. Required signs. In all municipal buildings, a conspicuous sign shall be posted at each entrance
42 stating that the possession of firearms, ammunition, components of firearms, or explosives are
43 prohibited. Such sign may also state that persons in violation may be denied entrance to the
44 building or be ordered to leave the building.
45 b. Immediate departure. Any person who immediately foregoes entry or immediately exits any
46 municipal building or police station due to the possession of a firearm, ammunition, components
47 of firearms, or explosives shall not be guilty of violating this section.
48 c. Exceptions. The following shall constitute valid exceptions to this section:
49 1. Possession of firearms, components of firearms, and ammunition or explosives by law
50 enforcement officers;
51 2. Law enforcement agencies receiving shipments or delivery of firearms, components of
52 firearms, ammunition, or explosives;
53 3. Law enforcement agencies conducting firearm or ammunition safety and training
54 programs, donation, amnesty, or any other similar programs in police stations or
55 municipal buildings;
56 4. Compliance by persons subject to protection from abuse court orders;
57 5. Carrying firearms and ammunition by persons who hold a valid license pursuant to either
58 § 1441 or § 1441A of Title 11 of the Delaware Code so long as the firearm remains
59 concealed except for inadvertent display or for self defense or defense of others;
60 6. Carrying firearms and ammunition by officers or employees of the United States duly
61 authorized to carry a concealed firearm; or
62 7. Carrying firearms and ammunition by agents, messengers and other employees of
63 common carriers, banks, or business firms, whose duties require them to protect
64 moneys, valuables and other property and are engaged in the lawful execution of such
65 duties.
66 (e) Penalties.
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Proposed Ordinance #2017-06 - Chapter 70 - Offenses and Miscellaneous Provisions Page 3
67 (1) Fines. Except as otherwise provided, any violation of this section shall be subject to a fine as
68 provided for in Appendix F-Fees and Fines.
69 (2) Forfeiture. Every person convicted of a violation of this section, section 70-3, or any state law
70 relating to weapons shall forfeit the weapon to the city. Upon a finding of guilt, it shall then be the duty
71 of the court, after the expiration of a reasonable time, to declare by written order that the chief of
72 police shall either dispose of the weapon or retain the weapon for official police department use.
73 (f) Severability. The provisions of this ordinance shall be severable. If any provisions of this ordinance are
74 found by any court of competent jurisdiction to be unconstitutional or void, the remaining provisions of this
75 ordinance shall remain valid, unless the court finds that the valid provisions of this ordinance are so
76 essentially and inseparably connected with, and so dependent upon, the unconstitutional or void provision
77 that it cannot be presumed that city council would have enacted the remaining valid provisions without the
78 unconstitutional or void provision; or unless the court finds that the remaining valid provisions, standing
79 alone, are incomplete and incapable of being executed in accordance with city council's intent.
80 (Code 1968, §§ 20-29, 20-33-20-36; Code 1981, § 14-5; Ord. No. 2015-15, 10-26-2015 )
81 ADOPTED: *
82 S:\ORDINANCES\2017\DRAFT\ORDINANCE #2017-06 CH 70 - OFFENSES AND MISCELLANEOUS PROVISIONS - WEAPONS GENERALLY\ORDINANCE #2017-06 - CH 70 - OFFENSES AND
83 MISC PROVISIONS - 70-2 - WEAPONS GEN (MARKSMANSHIP COURSES)-Final Reading.wpd
84 SYNOPSIS
85 The amendment would enable furnishing weapons for an authorized course of school instruction,
86 or for the purpose of engaging in any school-authorized sporting or recreational activity.
87 (SPONSORS: COLE, HUTCHISON, AND NEIL)
88 Actions History
89 05/22/2017 - Scheduled for Final Reading - City Council
90 05/08/2017 - First Reading - City Council
91 04/25/2017 - Introduction - Council Committee of the Whole/Safety Advisory and Transportation Committee