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Paj 1
REGULAR COUNCIL MEETING
AGENDA
JULY 23, 2018 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 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 POLCE
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 29, 2018
B. SPECIAL COUNCIL MEETING OF JULY 9, 2018
C. REGULAR COUNCIL MEETING OF JULY 9, 2018
2. CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL BOYS TRACK AND FIELD
TEAM - DIAA DIVISION STATE CHAMPIONSHIP (MAY 21-22, 2018) (LINDELL)
3. TRIBUTE NO. 2018-01 - WALLACE DIXON
4. PUBLIC HEARING - DISPOSAL OF EXCESS PROPERTY
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COUNCIL AGENDA - JULY 23, 2018 PAGE 2
* 5. COUNCIL COMMITTEE OF THE WHOLE REPORT - JULY 10, 2018
A. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
(1) UPDATE - HEALTHY NEIGHBORHOOD SUBCOMMITTEE ON BEHAVIORAL HEALTH
B. UTILITY COMMITTEE
(1) EVALUATION OF PROPOSALS
A. SCHUTTE PARK GRADING PLAN ENGINEERING DESIGN SUPPORT
(COMMITTEE RECOMMENDED AWARDING THE CONTRACT TO DUFFIELD
ASSOCIATES FOR THE SCHUTTE PARK GRADING PLAN ENGINEERING DESIGN
SUPPORT, BID #18-0031PW, FOR THE AMOUNT OF $42,300)
B. WELLHEAD REDEVELOPMENT PROGRAM
(COMMITTEE RECOMMENDED AWARDING A THREE (3) YEAR CONTRACT, WITH
THE CITY OPTION OF TWO (2), ONE (1) YEAR EXTENSIONS, FOR THE WELLHEAD
REDEVELOPMENT PROGRAM TO A.C. SCHULTES OF DELAWARE, INC. AS PER
THE PRICING INCLUDED IN THE PROPOSAL SUBMITTAL)
C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(1) PROPOSED ORDINANCE #2018-07 AMENDING CHAPTER 106 - TRAFFIC AND
VEHICLES, ARTICLE III - STOPPING, STANDING AND PARKING, DIVISION 1 -
GENERALLY, SECTION 106-130 - WRECKED, NONOPERATING, OR IMPROPERLY
PARKED OR EQUIPPED VEHICLES
(COMMITTEE RECOMMENDED ADOPTION OF ORDINANCE #2018-07)(SEE ITEM
#9-A)
* 6. QUARTERLY REVENUE REPORT AS OF JUNE 30, 2018
(STAFF RECOMMENDS ACCEPTANCE OF THE REPORT)
* 7. REAPPOINTMENT RECOMMENDED BY CHAIRMAN WILLIAM F. HARE - COUNCIL COMMITTEE
OF THE WHOLE/LEGISLATIVE, FINANCE, AND ADMINISTRATION SUBCOMMITTEE -
COURTNEY STEWART - ONE-YEAR TERM TO EXPIRE MAY 2019
* 8. APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
A. ELECTION BOARD - AT-LARGE - JUANITA F. WALKER - THREE-YEAR TERM TO EXPIRE
MAY 2020
B. PLANNING COMMISSION - SECOND DISTRICT - THOMAS HOLT - THREE-YEAR TERM TO
EXPIRE JUNE 1, 2021
9. FIRST READING - PROPOSED ORDINANCE #2018-07
THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. FINAL ACTION BY COUNCIL
WILL TAKE PLACE DURING THE SECOND READING ON AUGUST 27, 2018. THE ORDINANCE IS
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.
A. AMENDING CHAPTER 106 - TRAFFIC AND VEHICLES, ARTICLE III - STOPPING,
STANDING AND PARKING, DIVISION 1 - GENERALLY, SECTION 106-130 - WRECKED,
NONOPERATING, OR IMPROPERLY PARKED OR EQUIPPED VEHICLES
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
10. CITY MANAGER’S ANNOUNCEMENTS
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COUNCIL AGENDA - JULY 23, 2018 PAGE 3
11. COUNCIL MEMBERS’ ANNOUNCEMENTS
12. ADJOURNMENT
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
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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 29, 2018 at 5:32 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson, Mr. Neil, Mr. Lewis (arrived at 5:34 p.m.),
Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell. Mr. Sudler was absent. Mayor Christiansen was
also present.
Council staff members present were Mrs. Mitchell, Mr. Hugg, and Mrs. McDowell.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
RECONSIDERATION OF MOTION OF MAY 14, 2018 - RESOLUTION NO. 2018-03
During the Annual Council meeting of May 14, 2018, Resolution No. 2018-03 was referred to the
Council Committee of the Whole/Parks, Recreation, and Community Enhancement Committee due
to questions regarding the public hearing requirements being met.
Mr. Anderson moved for reconsideration of Resolution No. 2018-03, seconded by Mr. Hare
and unanimously carried.
RESOLUTION NO. 2018-03 APPROVING THE 2018 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Mr. Anderson moved for adoption of Resolution No. 2018-03, seconded by Mr. Neil.
Mr. Anderson thanked Mrs. Tracy Harvey for the work that she had done, noting that he was grateful
to get some important questions answered because they are very important for maintaining their
federal grants and they were not available in time for the meeting. Mr. Anderson stated that he had
a concern for next year when the Council looks at this particular block grant, noting that changes
have occurred on the ground that may be beneficial for them to look at, for instance, when Dover or
Kent County has its own housing development corporation, they may want to make sure that some
of this money goes there from the housing portion, not out of the social action portion.
Mr. Anderson suggested that they reopen this process to make sure that they have a chance to fund
the new, local corporation that is being funded.
Responding to Mr. Anderson, Mrs. Harvey advised that they cannot fund other projects that have not
been allocated in a multi-year grant. She noted that the new grant funding process would begin after
2019.
Responding to Mayor Christansen, Mr. Anderson advised that a local community housing and
development corporation was being formed from the Mayor’s task force on homelessness.
Mayor Christiansen advised that any recommendations from the taskforce would have to have
approval by City Council, including the housing corporation.
The motion for adoption of Resolution No. 2018-03 was adopted, as follows:
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SPECIAL COUNCIL MEETING OF MAY 29, 2018 PAGE 2
A RESOLUTION APPROVING THE 2018 COMMUNITY DEVELOPMENT BLOCK
GRANT ACTION PLAN
WHEREAS, the City of Dover is entitled to $270,899 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2018 Action Plan, in accordance with the United
States Department of Housing and Urban Development guidelines, that serves as the primary
planning document for identifying and meeting the housing and community development needs for
the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the National Community
Development objectives of benefiting low and moderate income families, eliminating slums and
blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City
of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
including the proposed use of funds and including certain certifications and policies to obtain its
$270,889 entitlement; for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER APPROVE THE 2018 Community Development Block Grant Action Plan
and application for Federal Assistance included in the Action Plan, along with certifications and
policies attached and authorize its forwarding to the United States Department of Housing and Urban
Development for consideration.
ADOPTED: May 29, 2018
Mr. Hare moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 5:43 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of May 29, 2018 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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Paj 6
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on July 9, 2018 at 6:11 p.m. with Council President Slavin
presiding. Members present were Mr. Anderson, Mr. Sudler (arrived at 6:50 p.m.), Mr. Neil,
Mr. Cole, Mr. Polce (arrived at 6:30 p.m.), Mr. Hare, and Mr. Lindell. Mr. Lewis was absent.
Mayor Christiansen was also present.
Council staff members present were Mr. Hugg (departed at 6:47 p.m.), Mrs. Mitchell (departed at
6:51 p.m. and returned at 6:59 p.m.), and Mrs. McDowell (departed at 6:51 p.m. and returned at
6:59 p.m.).
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Mr. Hare moved to recess into 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 and (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 motion was seconded by Mr. Neil and unanimously carried.
The Special Council Meeting recessed into Executive Session at 6:12 p.m.
The Executive Session adjourned at 6:59 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Follow-Up to Council Appointed Employee Performance Evaluation - Donna S. Mitchell,
City Manager
During the executive session, members of Council provided a follow-up to Mrs. Donna Mitchell’s
evaluation of June 25, 2018.
Mr. Hare moved to adjust the City Manager’s salary to $145,000 per year, all-inclusive. The
motion was seconded by Mr. Anderson and unanimously carried.
Mr. Neil moved for adjournment, seconded by Mr. Lindell and unanimously carried.
The Special Council Meeting adjourned at 7:01 p.m.
TRACI A. McDOWELL
CITY CLERK
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SPECIAL COUNCIL MEETING OF JULY 9, 2018 PAGE 2
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of July 9, 2018 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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Paj 8
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 9, 2018 at 7:30 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole,
Mr. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Captain Bernat, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, City Solicitor
Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at 7:45 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance and
a moment of silence for former Councilman, and City Chaplain Wallace Dixon.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lewis and carried by a
unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MAY 29, 2018
The Minutes of the Special Council Meeting of May 29, 2018 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Lewis and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 25, 2018
The Minutes of the Special Council Meeting of June 25, 2018 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Lewis and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 25, 2018
The Minutes of the Regular Council Meeting of June 25, 2018 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Lewis and bore the written approval of
Mayor Christiansen.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 2
PRESENTATION - SOLID ROCK BAPTIST CHURCH
The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
presented to
Solid Rock Baptist Church
for opening your facility to provide space for community meetings
Your generous hospitality has enhanced community engagement in the City of Dover.
July 9, 2018
On behalf of the Mayor, Council, and citizens of Dover, Mayor Christiansen and
Councilmen Anderson and Sudler presented the Certificate to Reverend Will Grimes of Solid Rock
Baptist Church.
PRESENTATION - DR. WILMA MISHOE
The City Clerk read the following Certificate of Recognition and Congratulations into the record:
CERTIFICATE OF RECOGNITION AND CONGRATULATIONS
WHEREAS, throughout her life, Dr. Wilma Mishoe has championed such causes as education,
social action, juvenile justice, housing, and foster care in the Dover community, the State of
Delaware, and beyond and, through these efforts, has made lasting contributions that have
influenced countless individuals. She has committed her career to assisting others to attain their
academic goals through her work as an administrator at Wilmington College, where she served as
Dean of Students and Director of Financial Aid, and during her 30 year tenure at Delaware
Technical and Community College, where she served in many capacities, including Dean of the
Office of Instruction, Dean of Student Services, federal programs coordinator, and Affirmative
Action officer; and
WHEREAS, Dr. Mishoe has played key roles in numerous organizations throughout our
community, state, and nation, including Acting President of Wilberforce University, Chair of the
Delaware State University Board of Trustees, Secretary of the Board of Trustees of Wilberforce
University, and President of the Capital School District Board of Education, has served as a member
of many organizations and boards, and was inducted into the Hall of Fame of Delaware Women for
2013; and
WHEREAS, on July 1, 2018, Dr. Mishoe became the 11th President of Delaware State University,
and serves with the distinction of being the University’s first female president.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 3
NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER,
DELAWARE, are privileged to present this Certificate of Recognition and Congratulations to
Dr. Wilma Mishoe
acknowledging her dedicated service to higher education and her appointment to this prestigious
office.
July 9, 2018
On behalf of the Mayor and Council, Mayor Christiansen and Councilmen Anderson, Lewis, and
Sudler presented the Certificate to Dr. Wilma Mishoe.
Dr. Mishoe stated that the task in front of her was an honor and an awesome responsibility. She
noted that she grew up at Delaware State University and that they were proud to be a part of the City
of Dover. Dr. Mishoe advised that she just returned from China and they are forging some
partnerships at universities across the world and that they are very eager, and very proud, to be a part
of what's going on in Dover, Delaware. She thanked members for the honor.
ANNEXATION/REZONING OF PROPERTY LOCATED AT 3074 NORTH DUPONT
HIGHWAY, OWNED BY JESSE L. ALLEN
Mr. David Hugg, Director of Planning and Community Development, reviewed the Petition to
Annex and Rezone property. The Planning Commission recommended annexation of the property
with the zoning designation of C-4 (Highway Commercial), as submitted.
Public Hearing - Zoning Classification
Members considered a request for rezoning of property proposed for annexation located at
3074 North DuPont Highway, consisting of 0.69+/- acres, owned by Jesse L. Allen. The property is
currently zoned BG - General Business District (Kent County zoning classification) and the proposed
zoning is C-4 - Highway Commercial (City of Dover zoning classification).
Responding to Mr. Neil, Mr. David Hugg, Director of Planning and Community Development, stated
that utilities would not be immediately available for this property; however, it has onsite services,
which, assuming they are in acceptable working order, as approved by the Department of Natural
Resources and Environmental Control (DNREC), will be the source of immediate service. He noted
that there are no immediate plans by the City to extend water and sewer. Mr. Hugg advised that this
property does have the potential for access to public water through a Tidewater Certificate of Public
Convenience and Necessity (CPCN) that is about 600 feet away.
Responding to Mr. Anderson, Mr. Hugg stated that there is a large enclave of property immediately
surrounding this property, on the east side of Route 13, that are all in the county and some properties
immediately south on Route 13 and the properties that are involved with Wilmington University on
the north are in the City.
Mr. Anderson asked if Mr. Hugg thought that spot annexation was a positive, particularly in regard
to trash service, road maintenance, and other services. Responding, Mr. Hugg stated that he believed
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 4
that, in the long run, annexation of all of the enclaves in the City are in the best interest of the City,
both in terms of efficiency of service and response to fire, police, and other kinds of activities. He
noted that, at this moment, this is the only applicant seeking annexation, which is a voluntary action
by an applicant. Mr. Hugg advised that there is no basis in this application for the City to take any
adverse action and that the property owner has met all of the requirements for annexation and is fully
aware of the limitations of water and sewer service, and what other conditions may apply. He stated
that, in terms of immediate impacts on the City, the property fronts on US 13, which is a
State-maintained road and he suspected that the public safety and life safety services, if needed, were
probably first provided by the City of Dover, whether or not the property is in City limits. Mr. Hugg
stated that he did not think there would be a significant impact on other public services and advised
that this property is already a City of Dover electric customer.
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 3074 North DuPont Highway, owned by Jesse L. Allen.
Council President Slavin declared the public hearing open.
Mr. Jesse Allen, 736 North Bradford Street, advised that he was the property owner and that he was
seeking annexation just to get some sewer and water. He stated that he thought that if his property
were annexed, other people would also come in to the City. Mr. Allen stated that a Dunkin Donuts
was being built right down the street from him.
There being no one else present wishing to speak, Council President Slavin declared the public
hearing closed.
Adoption of Annexation Resolution No. 2018-06
Members considered Annexation Resolution No. 2018-06 for property located at 3074 North
DuPont Highway, owned by Jesse L. Allen.
By motion of Mr. Neil, seconded by Mr. Cole, Council, by a unanimous roll call vote, adopted
Resolution No. 2018-06, as follows:
APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF
DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said
City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101);
and
WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include
an area contiguous to the present City limits, and hereinafter more particularly described, within the
limits of the City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all
owners of all property considered for annexation, no election shall be required. For an annexation
petition not requiring an election, such petition shall be processed in accordance with procedures
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 5
established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All
annexation petitions shall be processed concurrently with the rezoning of the property considered
for annexation and shall be subject to public hearing before City Council. Public notice shall be
completed in accordance with the provisions of the Dover Code relating to amendment of the zoning
map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of
Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety,
shall be annexed to and included within the limits of the City of Dover:
ALL those three certain lots, pieces or parcels of land, together with the
improvements thereon erected, known as 3074 North du Pont Highway, Dover,
Delaware l9901, lying on the easterly side of U.S. Route 13 leading from Dover to
Smyrna, about two miles north of the City of Dover in East Dover Hundred, Kent
County and State of Delaware, and designated as Lots 26, 27 and 28 as laid out on
a lot of plots known as "DuPont Manor" of record in the Office of the Recorder of
Deeds in and for Kent County, State of Delaware at Dover in Plot Book I, Page 299,
and having combined frontage on U.S. Route 13 of 150 feet and extending back
between parallel lines a distance of 210 feet and containing 31,500 square feet of
land, be the same more or less, being more particularly bounded and described as
follows, to-wit:
BEGINNING at a point in the Northeasterly side of the Northbound Lanes of U.S.
Route 13, said point of Beginning being distance North 40 degrees 00 minutes 00
seconds West, 100.00 feet measured along the said Northeasterly side of the
Northbound Lanes of U.S. Route 13 from the point of intersection thereof with the
Northwesterly side of Woodford Place (at 50 feet wide);
Thence from said point of Beginning by the aforementioned Northeasterly side of the
Northbound Lanes of U.S. Route 13, North 40 degrees 00 minutes 00 seconds West
150.00 feet to a corner for Lot 29;
Thence thereby North 50 degrees 00 minutes 00 seconds East, 210.00 feet to a point
in line of Lot 37;
Thence thereby South 40 degrees 00 minutes 00 seconds East, 150.00 feet to a corner
for Lot 25;
Thence thereby South 50 degrees 00 minutes 00 seconds West, 210.00 feet to a point
in the aforementioned Northeasterly side of the Northbound Lanes of Route 13, the
point and place of Beginning. Be the contents thereof what they may.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 6
SUBJECT TO ALL other covenants, conditions, restrictions and easements of record,
this reference to which shall not be construed to reimpose the same.
BEING the same lands and premises which were conveyed unto Allerdyce, LLC, by
deed of Pansy Mercedes Myrie dated October 19, 2006, and recorded in the Office
of the Recorder of Deeds in and for Kent County, DELAWARE, on October 31,
2006, in Instrument No. 2006-71939, Volume 3352, Page 73.
2. That the above described property shall be annexed into the City of Dover with a zoning
classification as set by City Council and in accordance with the zoning map and environs then in
force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of this resolution of annexation, together with a plot of the area
annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 10th day of July, 2018 at 12:01 a.m.
ADOPTED: JULY 9, 2018
Final Reading/Adoption of Rezoning Ordinance #2018-04
Members considered Ordinance #2018-04, rezoning property located at 3074 North DuPont
Highway, owned by Jess L. Allen.
Mr. Lewis moved that the Final Reading of Ordinance #2018-04 be acknowledged by title only,
seconded by Mr. Hare and unanimously carried. (The First Reading of the ordinance was
accomplished during the Council Meeting of May 14, 2018.)
Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission.
The motion was seconded by Mr. Hare and, by a unanimous roll call vote, Council adopted
Ordinance #2018-04, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 3074 NORTH DUPONT HIGHWAY
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from BG - General Business District (Kent County zoning classification)
to C-4 - Highway Commercial (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 7
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
BG - General Business District (Kent County zoning classification) to C-4 - Highway
Commercial (City of Dover zoning classification) on that property located at 3074 North
DuPont Highway, consisting of 0.69 +/- acres, owned by Jesse L. Allen
(Tax Parcel: ED-00-057.02-01-04.00-000; Planning Reference: AX-18-01; Council District: 3)
ADOPTED: JULY 9, 2018
COUNCIL COMMITTEE OF THE WHOLE REPORT - JUNE 26, 2018
The Council Committee of the Whole met on June 26, 2018 at 5:00 p.m., with
Council President Slavin presiding. Members of Council present were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Lewis (arrived at 5:54 p.m.), Mr. Cole, Mr. Polce (arrived
at 5:05 p.m.), Mr. Hare (arrived at 5:50 p.m., departed at 6:25 p.m., and returned at
6:26 p.m.), and Mr. Lindell. Mayor Christiansen was also present. Civilian members
present for ethics training and their Committee meetings were Mr. Garfinkel
(Safety Advisory and Transportation), Mrs. Doyle and Ms. Scarborough (Utility), and
Mr. Shevock and Dr. Stewart (Legislative, Finance, and Administration).
Mr. Caldwell and Dr. Warfield (Parks, Recreation, and Community Enhancement)
and Mr. Shelton (Safety Advisory and Transportation) were absent.
Other Committee, Commission, or Board members present for ethics training were
Ms. Tricia Arndt, Mr. James Burcham, Mrs. Lisa Enright, Dr. Cherritta Matthews,
Mr. Charles Martin, Mrs. Nancy Shevock, Mr. Jonathan Street, and
Mr. Robert Wetherall.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
UTILITY COMMITTEE
Ethics Training
Ms. Deborah Moreau, Commission Counsel, Delaware Public Integrity Commission,
reviewed a presentation entitled “Ethics in Government.”
Mr. Sudler thanked Ms. Moreau for providing clarity regarding the Ethics
Commission. He asked how the public could be assured that the Ethics Commission
members are competent in efficiently interpreting and administering the ethics codes
defined by State or City statute. He asked if there is training for each member or
whether their resumes are reviewed and assessed by the State to determine if they
have some knowledge of the law and how to apply it to situations for valid
judgments. Responding, Ms. Moreau stated that it is up to the City’s Commission
to set up some type of training program if it is deemed necessary for incoming
members. She explained that knowledge of the law should not be the requirement
for every member, noting that, in order to have perspectives from all angles, it is
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 8
important to have a well-rounded commission, which would include lay people and
lawyers. Ms. Moreau advised that, on their committee, they have a couple of
attorneys, a farmer, a retiree, and it is a mix of people from all three (3) counties.
She stated that she thinks it is important to have people who can bounce ideas off of
each other and see different perspectives. Mr. Sudler stated that he agreed with
Ms. Moreau to a certain extent; however, he expressed his opinion that members
should have some knowledge of how to interpret and apply the code, to be able to
fully participate and provide good input, separate from just general knowledge.
Ms. Moreau noted that their new members come in wide-eyed and a little intimidated
but, when they sit down and go through the process, they learn from the other
members. She explained that it is really good to go through the process with other
people who know what they are doing, and then they take their cues from there and
if they have a different take on it, then they have a different take. Ms. Moreau stated
that you have to learn this process by doing it.
Mr. Sudler asked Ms. Moreau what her professional opinion is in regard to the City’s
Ethics Commission not being under the jurisdiction of the State Ethics Commission,
and what negative encounters cities have confronted having their own ethics
committees, when it comes to rulings or judgments. In response, Ms. Moreau stated
that she does not have a professional opinion about whether a city should have their
own ethics committee or not. She noted that sometimes cities are not as enthusiastic
about making sure their committees are fully staffed, for example, approximately
six (6) months ago, there was an article in the News Journal that the Wilmington
Ethics Department had dissipated and no one had even noticed. Ms. Moreau
explained that this is a danger when cities have their own committees and it is
important to ensure that someone stays on top of it and keeps track to make sure they
have a full complement of members.
Mr. Slavin thanked everyone for attending and expressed his appreciation to
Ms. Moreau for providing the training for the City. Ms. Moreau thanked Mr. Slavin
for inviting her, noting that she had provided nine (9) sessions and she could tell that
people did not know a whole lot about it, so it was good to get the word out.
Mr. Sudler asked for some examples of non-monetary, personal gain that may give
an appearance of impropriety. Responding, Ms. Moreau noted that two (2) examples
were the employee who used their Delaware Justice Information System (DELJIS)
access to look up individuals’ information for their personal use, and the guy using
the HIV positive list for his own personal benefit to provide dating lists to his friends
and neighbors.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Lewis
presiding.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 9
Delaware Bicycle Council Grant for a Feasibility Study - Multi-Purpose Path
Linking Mallard Pond Park to Fox Hall West
Mrs. Margery Cyr, Library Director, advised members that, in May, the City received
an announcement of grant availability from the Delaware Bicycle Council for
projects that yield high and visible impacts within the community. She stated that
the granting agency expects to award a total of $20,000 in this grant cycle. Mrs. Cyr
explained that the invitation letter indicated that requests for assistance in advancing
new projects such as, but not limited to, pathways, protected bike lanes, and bicycle
streets will be considered and will support project ideas that expand existing cycling
infrastructure, filled gaps, and address obstacles and safety hazards. She stated that
the intent of the grant is to provide cycling infrastructure in communities and the
project can be a missing link between existing facilities or the project needs to be
completed to avoid a hazard or is part of a master plan. Mrs. Cyr informed members
that the first grant in 2015 was awarded to Bridgeville and was used to complete the
design of a path. She stated that the deadline for submitting the grant is
July 31, 2018, and the City’s Bicycle/Pedestrian Subcommittee considered this
opportunity during its meeting of June 19, 2018.
Mrs. Cyr reminded members that the City’s 2015 Pedestrian Plan recommended the
installation of a new sidewalk or trail connecting Fox Hall West and Mallard Pond.
She noted that the recommendation stated that,
Fox Hall West and Mallard Pond are residential communities in
the west part of Dover, comprising nearly 200 single-family lots.
The communities only have access from Kenton Road. Fox Hall West
is only about 1/4 mile north of Route 8. However, the community
does not have vehicular or pedestrian access to Route 8, so all trips
traveling to Route 8 must be made via Kenton Road. Due to the lack
of sidewalks along Kenton Road, it can be safely assumed that these
trips are almost exclusively done with a motor vehicle, as opposed to
walking or riding a bike. The new Dover High School, which opened
in the summer of 2014, is located along Route 8 in close proximity to
these communities. However, due to the lack of pedestrian access to
Route 8, a trip from the southern end of Fox Hall West to the new
school is 2.2 miles, traveling along Kenton Road. If there were direct
pedestrian access to Route 8 though, this trip would be reduced to 0.8
mile. The City of Dover owns 2 parcels of land in between Route 8
and Fox Hall West, comprising 8.7 acres of open space (including
Mallard Pond Park). It is recommended that the City of Dover
evaluate the feasibility of constructing a bicycle/pedestrian trail
connection from Fox Hall West (via Pebble Valley Drive) to Marsh
Creek Lane, as a means of providing a direct non-motorized
connection to Route 8. A trail connection could also be made
to an existing sidewalk that connects the Mallard Pond community
with the Mallard Pond Park. Providing direct pedestrian access to
Route 8 would eliminate vehicular trips along Kenton Road, provide
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 10
additional recreational access for area residents, and improve access
to the new high school. Marsh Creek Lane is just east of the HAWK
pedestrian-activated traffic signal that was installed in the summer of
2014. Marsh Creek Lane has sidewalks along its entire length.
Mr. Eddie Diaz, Planner I, reviewed a map entitled “Proposed Mallard Pond Trail
Link”.
The Bicycle/Pedestrian Subcommittee recommended that the City apply for the grant
and that Mrs. Cyr inquire on a quote price of conducting the feasibility study, to be
included in the presentation to Council.
Mr. Neil asked whether there was support from the neighborhoods for this park.
Responding, Mrs. Cyr explained that, in anticipation of this discussion regarding the
possibility of installing a multi-use pathway, staff sent a notice out to all of the
neighborhoods and invited the neighbors to attend the meetings to provide input to
members of the Subcommittee. She advised that one (1) member of the public,
Colonel Thomas Dix, Retired, attended the Bicycle/Pedestrian Subcommittee
meeting on June 19, 2018 and provided input. Mrs. Cyr noted that the meeting notice
was published on the City’s website and mailed to residents.
Mrs. Donna Mitchell, City Manager, advised members that all meeting are published
on the City’s website; however, in an effort to increase public awareness, the notice
regarding the June 19, 2018 Bicycle/Pedestrian Subcommittee meeting was also
publicized on Facebook. She stated that, since this area is in the First Council
District, staff also sent the flyer to First District Councilmen Lindell and Polce, for
them to provide to all the homeowners’ associations (HOA’s) and residents that are
part of their constituent groups with which they communicate.
Mrs. Cyr noted that Colonel Dix, Retired, stated that he supported the project for the
multipurpose path; however, he did not support a feasibility study to do it, he just
thought it should be done.
Mrs. Cyr stated that the Bicycle/Pedestrian Subcommittee recommended applying for
this available grant funding for the purpose of a feasibility study to explore the best
route for such a multi-use trail, the requirements for the construction of such a route
and the estimated cost of such a project.
Mr. Anderson noted that this would involve City and HOA property and asked if any
feedback was received from the HOA’s regarding their willingness to give these
easements. Responding, Mrs. Cyr advised that no feedback was received from any
of the HOA’s.
Colonel Thomas Dix, Retired, Independence Boulevard, Bicentennial Village, stated
that it was his understanding that the Fox Hall West HOA had been dissolved.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 11
Responding to Mr. Anderson, Mr. James Hutchison, Bicycle/Pedestrian
Subcommittee Chair, advised that the opportunity to receive feedback had not been
exhausted. He explained that holding advertised meetings and soliciting feedback
from the different residents of the area would be a part of the process of the
feasibility study, for which they wanted to apply for the grant.
Mr. Lindell asked what the estimated cost of the feasibility study would be. In
response, Mrs. Cyr stated that she received responses from three (3) different entities
regarding the estimated cost and the responses were widely disparate. She advised
that the low estimate was between $8,000 to $10,000, and the high estimate was
between $40,000 to $50,000.
Responding to Mr. Lindell, Mrs. Cyr stated that this was not currently included in the
City’s budget and staff was not anticipating asking for additional funding from the
City for it.
Mr. Sudler stated that the Heatherfield HOA was currently inactive but looking to be
active. He noted that Councilman Polce had met with them last year, and urged him
to reach out to those individuals to get a pulse on the sentiment of something like this
coming through Heatherfield.
In response to Mayor Christiansen, Mrs. Cyr stated that they did not currently have
any alternative funding sources for a possible study, in case this grant is not awarded
to the City. As the Chairman of the Dover/Kent County Metropolitan Planning
Organization (MPO), Mayor Christiansen suggested that she may want to apply to
the MPO for funding, if this grant does not come to fruition. He explained that the
MPO has funding available for alternative studies for multi-modal transport.
Mr. Hutchison advised members that it was Bicycle/Pedestrian Subcommittee’s
intention to cover the complete cost of the feasibility study with the grant. He stated
that they did not intend to try to undertake the study if they cannot get all of the
funding from the grant.
Mr. Slavin stated that he was fully supportive of these efforts. He noted that these
trails are currently being built all across Delaware and have really improved the lives
of many people. Mr. Slavin informed members that a lot of these activities have been
done in New Caste and Sussex Counties and it is extraordinary to see what’s
happening. He explained that it is true that when you build it, people will come out
and use it, and it will not just be bicyclists and runners, it will be people who just
want to take advantage of a safe passage to take a walk at any given time of the day.
Mr. Slavin expressed thanks to the Bicycle/Pedestrian Subcommittee for bringing
this item forward.
Responding to Mr. Polce, Mrs. Cyr stated that there is not a match requirement or
component to the grant.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 12
Mr. Polce thanked Mrs. Cyr, noting that this is his backyard and he walks his three
(3) dogs around this area nonstop. He stated that he really appreciates Mrs. Cyr
letting him know how he can be helpful in soliciting community feedback,
specifically in Fox Hall West, because he is happy to help.
Mr. Hare, referring to Mr. Slavin’s comments regarding all the things New Castle
County is doing, noted that if the legislature would treat Kent County equally to
New Castle County, then Kent County might be able to do some of those things and
help out too.
The Committee recommended applying for the grant and then seeing what happens
from there.
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.
Improvements to Division Street - Impact on Circulation (Dix)
Colonel Thomas Dix, Retired, Independence Boulevard, Bicentennial Village,
reviewed a memo to members regarding his critique of the Dover Capital Gateway
Plan and Design, dated June 26, 2018.
Mr. Sudler thanked Colonel Dix, Retired, for taking the time, as a citizen, to do the
research and providing his detailed critique. He stated that he was very impressed
and that he thought it made a lot of sense.
Mr. Anderson thanked Colonel Dix, Retired, for his critique, noting that he thought
it was a breath of fresh air. He indicated that he had heard some concerns, but had
not heard from anyone in support of tearing up of all the roads. Mr. Anderson stated
that he thought it seemed like an insane idea that would harm economic growth and
development in the City, and would not improve the lives of the City’s citizens. He
expressed his opinion that the roads are for travel and vehicles, not artistic
experiments.
Mr. Neil stated that the purpose of the exercise was actually to create a very attractive
entrance to the capital city in Dover. He explained that there are various options and
the decision would be the City’s regarding what best relays the message “Welcome
to the City.” Mr. Neil reminded members that this was happening in other areas as
well, noting that the Martin Luther King, Jr. Boulevard area had been made more
attractive using greenery and decorations. Mr. Neil stated that he hoped Colonel Dix,
Retired, was not recommended not having curb cuts, explaining that they are
necessary for people with disabilities who need to move with wheelchairs and
walkers. Responding, Colonel Dix, Retired, stated that he was referring to the curb
cuts for disused driveways. He suggested that a welcome sign could be placed at the
triangle at the intersection of Forest and Division Streets or in the area between
Mifflin and Kenton Roads.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 13
Mr. Slavin stated that, with all due respect, he could not disagree more with the
observations of Colonel Dix, Retired, and Councilman Anderson. He noted that he
would not go into the details of it; however, he thought that it was shortsighted to say
“let’s just leave a road the way it is for 20 years.” Mr. Slavin stated that roads are not
just for cars, they are for multi-modal transport, especially when there is a middle
school in the middle of the road being discussed. Mr. Slavin indicated that he
thought that members were trying to ensure safety and economic development, and
improve the City, not just trying to move cars faster through town. He noted that
while he appreciated their observations, he disagreed with them.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lewis and carried by a unanimous roll call vote.
MONTHLY REPORTS - MAY 2018
By motion of Mr. Neil, seconded by Mr. Lewis, the following monthly reports were
unanimously accepted by consent agenda:
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report (April and May)
Police Chief's Report
REAPPOINTMENT RECOMMENDED BY CHAIRMAN ROY SUDLER, JR. -
KIM WARFIELD - COUNCIL COMMITTEE OF THE WHOLE SUBCOMMITTEE/
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT - ONE YEAR TERM TO
EXPIRE MAY 2019
Councilman Roy Sudler, Jr., Chair of the Parks, Recreation, and Community Enhancement
Subcommittee, recommended the appointment of Dr. Kim Warfield to serve on the Parks,
Recreation, and Community Enhancement Subcommittee of the Council Committee of the Whole
for a one year term to expire May 2019.
By consent agenda, Mr. Neil moved for approval of the appointment of Dr. Kim Warfield, as
recommended by Chairman Sudler. The motion was seconded by Mr. Lewis and carried by
a unanimous roll call vote.
REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
By motion of Mr. Neil, seconded by Mr. Lewis, the following appointments recommended by
Mayor Christiansen were unanimously approved by consent agenda:
• Board of Adjustment - Richard Senato - Three (3) Year Term to Expire July 2021
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 14
• Construction and Property Maintenance Code Board of Appeals - Charles C.K. Martin
(Representative of Local Real Estate Industry Association) - One Year Term to Expire
May 2019
• Planning Commission - Three (3) Year Terms to Expire June 1, 2021
< Second District: Andrea B. Maucher
< Third District: Dean E. Holden
PROPOSED RESOLUTION NO. 2018-07 AUTHORIZING THE ISSUANCE AND SALE OF
UP TO $881,400 SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE
CONSTRUCTION OF CERTAIN SEWER PROJECTS AND AUTHORIZING ALL
NECESSARY ACTION IN CONNECTION THEREWITH
Ms. Lori Peddicord, Controller/Treasurer, briefly reviewed Proposed Resolution No. 2018-07,
authorizing the issuance and sale of up to $881,400 Sewer Revenue Bonds of the City of Dover for
the construction of certain sewer projects and authorizing all necessary action in connection
therewith.
Mr. Hare moved for the adoption of Resolution No. 2018-07. The motion was seconded by
Mr. Sudler and, by a unanimous roll call vote, Council adopted the Resolution, as follows:
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $881,400
SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF
CERTAIN SEWER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN
CONNECTION THEREWITH
WHEREAS, the City of Dover (the "City") is authorized pursuant to Volume 52, Delaware Laws,
Chapter 111, as amended by Volume 57, Delaware Laws Chapter 340, Volume 36 Delaware Laws,
Chapter 158, as amended, and the City Charter (collectively the "Enabling Acts") to issue revenue
bonds for the purpose of financing the extension, reconstruction or improvements to the City's water,
sewer and electric systems; and
WHEREAS, pursuant to the Enabling Acts, the City adopted a Bond Resolution on
February 27, 1989 (the "Bond Resolution") providing for the issuance of water and sewer revenue
bonds and pursuant to the Bond Resolution the City has issued and there remains outstanding its (a)
$750,000 Water and Sewer Revenue Bonds, Series 2000, (b) $5,581,059 Water and Sewer Revenue
Bonds, Series 2009, (c) $2,404,017 Water and Sewer Bonds, Series 2010, (d) $765,060 Water and
Sewer Revenue Bonds, Series 2011, and (e) $6,125,000 Water and Sewer Revenue Bonds,
Series 2013 (the "Outstanding Bonds"); and
WHEREAS, the City desires to issue additional revenue bonds pursuant to the Bond Resolution on
a parity with the Outstanding Bonds; and
WHEREAS, the City has approved certain capital improvements to its Sewer System and desires
to issue its additional parity revenue bonds (the "Bonds") pursuant to the Bond Resolution and to pay
the costs of said improvements, including, but not limited to the following:
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 15
1. Delaware Tech Pump Station
2. Silver Lake Pump Station
3. Walker Woods Pump Station (the "Projects"),
NOW, THEREFORE, THE CITY OF DOVER HEREBY ORDAINS (AT LEAST THREE
FOURTHS OF THE MEMBERS OF COUNCIL CONCURRING HEREIN):
Section 1. Amount and Purpose of the Bonds. Acting pursuant to the Enabling Acts and the
Bond Resolution, the City shall issue its negotiable obligations in the maximum aggregate principal
amount not to exceed $881,400 to finance, refinance or reimburse itself for a portion of the cost of
the construction and equipping of the Projects, an estimate of which is appended hereto as Exhibit A.
The monies raised from the sale of the Bonds (including the investment earnings thereon) after the
payment of the costs of issuance, shall be expended only for the purposes authorized herein or as
may otherwise be authorized by subsequent action by City Council. Authorized purposes include
the costs of planning, constructing, acquiring and equipping the Projects or any portion thereof;
interest on the Bonds and any interim financing during the construction period and for a period of
up to one year following the estimated date of completion; the costs of issuance of the Bonds and
any interim financing; the repayment of temporary loans incurred with respect to the Projects; and
the reimbursement of authorized costs previously expended by the City from other funds.
Section 2. Terms of the Bonds. The Bonds shall be sold to the Delaware Water Pollution
Control Revolving Fund (the "SRF Fund") administered by the State of Delaware Department of
Natural Resources and Environmental Control pursuant to the terms of its commitment letter dated
March 19, 2018 (the "Commitment Letter"), a copy of which is appended hereto as Exhibit B, and
the other terms and conditions to be contained in a Financing Agreement between the City and the
SRF Fund (the "Financing Agreement").
Section 3. Security for the Bonds. The principal, interest and premium, if any, on the Bonds
shall be payable solely from the City's Net Operating Revenue which is hereby pledged to secure the
Bonds on a parity with the Outstanding Bonds. The full faith and credit of the City shall not be
pledged to pay principal and interest on the Bonds.
Section 4. Rate Covenant. The City covenants that it will fix and collect rates, fees and other
charges for the use of and for services furnished or to be furnished by the Sewer System, and will
from time to time revise such rates, fees and other charges so that in each Fiscal Year the Net
Operating Revenue available to pay debt service on the Bonds will equal at least the principal and
interest requirements for the Bonds. If, for any reason, the revenues are insufficient to satisfy the
foregoing covenant, the City shall within ninety (90) days adjust and increase its rates, fees and other
charges or reduce its Operating Expenses so as to provide sufficient Net Operating Revenue to
satisfy such requirement.
Section 5. Details of the Bonds. The Mayor and City Treasurer are authorized to determine
the details of the Bonds including the following: the date or dates of the Bonds; provisions for either
serial or term bonds; sinking fund or other reserve fund requirements of the Bonds; due dates of the
interest thereon; the form of the Bonds; the denominations and designations of the Bonds;
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 16
registration, conversion and transfer provisions of the Bonds; provisions for the receipt, deposit and
investment of the proceeds of the Bonds; provisions for the replacement of lost, stolen, mutilated or
destroyed Bonds; and provisions for issuing uncertificated obligations and all procedures appropriate
for the establishment of a system of issuing uncertificated debt. The Bonds shall be executed by the
manual or facsimile signature of the Mayor and City Treasurer, shall contain an impression of the
City Seal or a facsimile thereof and shall be attested by the manual signature of the City Clerk.
Section 6. Further Action. The Mayor, the President of the City Council, the City Treasurer,
the City Manager and the City Clerk are authorized and directed to take such other action on behalf
of the City, as may be necessary or desirable to effect the adoption of this Resolution and the
issuance and sale of the Bonds and to provide for their security and to carry out the intent of this
Resolution, including the publication of notices and advertisements and the execution and delivery
of customary closing certificates.
Section 7. Effective Date. This Resolution shall become effective immediately upon its
passage. The City Clerk is hereby directed to publish once in a newspaper published in the City a
notice in substantially the following form:
"NOTICE IS HEREBY GIVEN that the City Council of The City of Dover, Delaware on
July 9, 2018 pursuant to Chapter 111, Volume 52, Delaware Laws, as amended, adopted a resolution
entitled as follows:
"A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $881,400 SEWER
REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF CERTAIN
SEWER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION
THEREWITH"
The purpose of the issuance and sale of said bonds is to provide funds (approximately $881,400) to
pay a portion of the costs of certain projects including, but not limited to: (1) Delaware Tech Pump
Station; (2) Silver Lake Pump Station, and (3) Walker Woods Pump Station.
Any action or proceeding to contest the validity of said resolution or any of its provisions must be
commenced within thirty (30) days after publication of this notice. After expiration of such period
of limitation, no right of action or defense founded upon the invalidity of said resolution or any of
its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions be
open to question in any court upon any ground whatsoever, except in an action or proceeding
commenced within such period."
ADOPTED: JULY 9, 2018
CITY MANAGER’S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, thanked all of the volunteers, agencies, and workers that helped
with the 4th of July celebration. She noted that she thought it went very well and everybody seemed
to enjoy themselves.
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CITY COUNCIL MEETING OF JULY 9, 2018 PAGE 17
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Lewis announced that he, along with Mr. Lindell, attended the Dover Police Youth Academy
at the Murphey School on June 29, 2018 and he wanted to publicly commend the instructors that did
an awesome job in training and teaching the youth. He noted that they played an integral part, and
it was an awesome graduation. Mr. Lewis requested Captain Bernat to relay his thanks to the staff.
Mr. Sudler thanked Mrs. Mitchell and her staff for promptly responding to the Woodcrest
community, their constituents, and the 4th district, over the Woodcrest community concerns. He
noted that they greatly appreciated it and he wanted to convey that to Mrs. Mitchell and her staff.
Mr. Anderson assured residents of the unit block of North and South Governors Avenue that they
have not forgotten them. He noted that the Police Department and the City are busy working on their
plans. Mr. Anderson noted that he and Mr. Sudler were planning a town hall so that they could have
a two-way conversation.
Mr. Anderson thanked Mrs. Mitchell for getting the street lights fixed, and problems of that nature.
He also thanked Mrs. Mitchell and the Dover Police Department for helping to make the wish of a
little girl named Lexi come true. Mr. Anderson stated that Lexi was able to participate in a parade
and see fireworks, noting that, altogether, they were able to make that happen.
Mr. Anderson noted the passing of a great colleague and friend, former Councilman Wallace Dixon,
and prayed for comfort to his family. Mr. Sudler also thanked the Dixon family for sharing
Mr. Dixon with the City. Mr. Hare advised that Mr. Dixon’s loss was felt by the whole City, not just
the 4th district.
Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:04 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 9, 2018, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2018\07-09-2018 Council Minutes.wpd
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COUNCIL TRIBUTE NO. 2018-01
A TRIBUTE EXPRESSING SYMPATHY AND CONDOLENCES UPON THE PASSING OF
WALLACE R. DIXON
WHEREAS, the Mayor and Council ofthe City ofDover have been greatly saddened by the
death of Wallace R. Dixon, former Councilman and City Chaplain, who passed away on
July 7, 2018; and
WHEREAS, Wallace R. Dixon was appointed to serve as City Chaplain on
September 11, 2000 and as the Chaplain for the Dover Police Department on A ugust 20, 2002, and
he served continuously in both capacities until being sworn in as Councilman ofthe Fourth District
on December 10, 2012. He served with distinction as Councilman until May 11, 2015 and, during
his tenure, served as Chair of the Parks, Recreation and Community Enhancement Committee and
as a member of the Safety Advisory and Transportation Committee, Downtown Dover Partnership
Board of Directors, and Kent County Tourism Board of Directors. Following his two years of
service to the c_itizens of Dover, Wallace R. Dixon was again appointed to serve as City Chaplain
from May 26, 2015 until his death; and
WHEREAS, Wallace R. Dixon served with dignity and integrity, demonstrating empathy and
compassion toward his colleagues, City staff, and constituents alike, and speaking up for those
whose concerns might otherwise have gone unnoticed. His contributions to the community extended
well beyond his service to the City ofDover and included his service on the Steering Committee for
Restoring Central Dover, which continues to be an engine ofeconomic and social revitalization for
downtown Dover. Wallace R. Dixon will be deeply missed by the Bible Way Temple Church ofGod
in Christ congregation, friends, family, and all of those whose lives he has touched.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council extend their deepest
sympathy and condolences to the family and.friends of Wallace R. Dixon and hope that they will be
consoled by the memories of his exemplary life and commendable achievements.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to place
this Tribute in the permanent records ofthe City ofDover and that a copy ofthis Tribute be provided
to the family of Wallace R. Dixon.
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COUNCIL TRIBUTE NO. 2018-01
JULY 13, 2018
MAYOR COUNCIL PRESIDENT
WILLIAM F. HARE BRIAN E. LEWIS
COUNCILMAN - 2 ND DISTRICT COUNCILMAN - 2 ND DISTRICT
FREDA . NEIL
COUNCILMAN - 3RD DISTRICT COUNCILMAN - 3RD DISTRICT
b~~
DAVID L. ANDERSON
COUNCILMAN - 4rn DISTRICT
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ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 07-18-18
PREPARED BY: Kirby A. Hudson, Assistant City Manager
SUBJECT: Public Hearing – Disposal of Excess Property
REFERENCE: N/A
RELATED PROJECT: N/A
REVIEWED BY: Donna S. Mitchell, City Manager
EXHIBITS: Exhibit A: Public Hearing Notice
EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): N/A
RECOMMENDED ACTION: City Manager’s Office Requests authorization to dispose of excess real
property as predicated in Chapter 2, Section 2-422 d – “Standard Method of Disposition unless requested by the
City Council to dispose under 2-422 e – “Exception To Standard Method Of Disposition”. In addition, the City
Managers Office is requesting the ability to negotiate the final sales price(s) as indicated below.
BACKGROUND AND ANALYSIS
As provided to the CCW – Legislative, Finance & Administrative Committee, the subject 9 properties listed in Exhibit A
were acquired through monitions sale. Upon City Council voting to proceed with the sale of surplus land, the City
Manager recommends staff advertise the properties for sale as a bundle to recoup all outstanding liens, the cost of deed
preparations, and a ten percent administrative charge. (Total Assessed Value $253,700; Total Liens $62,680; excluding
145 Ann Avenue)
A local developer has previously expressed interest in the 145 Ann Avenue property (Assessed Value $39,700; Liens
$22,249). The City would offer the developer this parcel under the same terms as the bundled parcels. If the developer is
no longer interested in the parcel, it will be included with the bundled parcels.
If these parcels cannot be sold as described above, the City will establish a date and time in which to accept sealed bids
for each parcel with a minimum bid requirement.
Parcel Address Assessed Value Outstanding Liens
1502 Rear College Road $900 $832
1370 College Road $37,400 $32,200
Land, 237 Rear Mifflin Road $52,000 $2,483
Land, White Oak Road $36,500 $1,299
423 Collins Drive $39,200 $1,593
715 Slaughter Street $9,600 $8,290
416 West Division Street $39,400 $1,686
710 Slaughter Street $38,700 $14,297
Subtotal $253,700 $62,680
145 North Ann Avenue $39,700 $22,249
Total $293,400 $84,929
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The following PUBLIC NOTICE is to appear in the Delaware State News on Wednesday,
June 27 and Saturday, July 7, 2018:
CITY OF DOVER
NOTICE OF PUBLIC HEARING
SALE AND DISPOSITION OF EXCESS REAL PROPERTY
City Council will hold a public hearing on Monday, July 23, 2018 at 7:30 p.m. in
the Council Chambers of City Hall, 15 Loockerman Plaza, Dover, Delaware, to
receive citizen input regarding the sale and disposition of excess real property as
follows:
1502 Rear College Road ED-05-067.18-01-040.000-000
145 North Ann Avenue ED-05-067.15-02-350.000-000
1370 College Road ED-05-067.14-01-560.000-000
Land, 237 Rear Mifflin Road ED-05-076.10-02-050.001-000
Land, White Oak Road LC-05-068.00-01-080.001-000
423 Collins Drive ED-05-077.10-02-150.000-000
715 Slaughter Street ED-05-076.12-03-270.000-000
416 West Division Street ED-05-076.08-06-380.000-000
710 Slaughter Street ED-05-076.12-03-330.000-000
For further information, please contact the City Clerk's Office at 736-7008 or by
email to cityclerk@dover.de.us.
TRACI A. MCDOWELL, MMC
CITY CLERK
Submit bill to: City of Dover
ATTN: Accounts Payable
P.O. Box 475
Dover, DE 19903
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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on July 10, 2018 at 6:02 p.m., with Council President
Slavin presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Polce, Mr. Hare, and Mr. Lindell. Mr. Cole was absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Mr. Caldwell and Dr. Warfield
(Parks, Recreation, and Community Enhancement), Mrs. Doyle and Ms. Scarborough (Utility), and
Mr. Shevock and Dr. Stewart (Legislative, Finance, and Administration).
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Sudler
presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Lewis moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Update - Healthy Neighborhood Subcommittee on Behavioral Health (Polce)
Councilman Polce reviewed a presentation entitled “Healthy Neighborhoods, Behavioral Health
Subcommittee” (Attachment #1). He reminded members that he was appointed by Council
President Slavin to the Delaware Center for Health Innovation (DCHI) Dover/Smyrna Healthy
Neighborhoods Council. Mr. Polce explained that the Healthy Neighborhoods Council is tasked to
implement Centers for Medicaid and Medicare Services (CMMI) State Innovation Models (SIM),
which is $175,000 of grant money the State applied for approximately five (5) years ago. He stated
that the Healthy Neighborhoods Council had been part of the SIM process for the past four (4) years
and had developed two (2) subcommittees, one related to chronic disease and wellness lifestyles,
which actually presented the Play Streets program that was implemented in the City, and one related
to behavioral health, of which he serves as the chair.
Mr. Polce noted that the Behavioral Health Subcommittee consists of advocates, and individuals
from the provider community, including Bayhealth, Nemours, Dover Behavioral Health, and State
agencies, including the Division of Substance Abuse and Mental Health and Public Health. He
stated that the main goal is to bring initiatives and proposals to the local area that garner local
support and greater health outcomes to increase access to care in populations that necessarily have
not received specific types of care.
Mr. Polce advised that, over the past month, the subcommittee had put forth three (3) initiatives in
partnership with a number of working groups: 1) Lockers for Engagement Initiative, 2) Domestic
Violence Engagement Initiative, and 3) Police Connections Alliance. Mr. Polce provided an
overview of the three (3) initiatives. Referring to the Domestic Violence Engagement Initiative, he
indicated that there had been a 25% increase in domestic violence incidents in Kent County on the
Domestic Violence Hotline; however, there had been a decrease in providers specific to domestic
violence situations. Mr. Polce stated that, currently in Dover and Kent County, there is a complete
lack of a provider network for treatment for individuals who are experiencing this trauma and these
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 10, 2018 PAGE 2
types of crises. He informed members that the Domestic Violence Engagement Initiative utilized
a community health worker based model and People’s Place would now be employing an additional
community health worker and a high-risk advocate, who is trained with deep confidence in domestic
violence situations, to help individuals who are experiencing these crises and trauma move through
the health system and receive adequate quality care.
Mr. Polce, referring to the Police Connections Alliance initiative, noted that Delaware is at the
fastest growing rate of overdose fatality, and is currently the eighth state with the highest overdose
fatality rate in the nation. He informed members that just over a month ago Delaware was reported
as having over 225 overdoses this year, which is well beyond the pace from last year. Mr. Polce
indicated that the Police Connections Alliance program was adapted from the New Castle County
program which began two (2) months ago, where a master-level social worker was embedded in with
the police entity, and the master-level social worker has been able to triage situations, ranging from
substance use disorder to individuals experiencing a mental illness crisis. He stated that they were
partnering with Connections and local police agencies and were looking into piloting this program
in Dover, Milford, and Smyrna. Mr. Polce advised that, based on statistics gathered from
epidemiologists at Public Health, approximately 12.5% of the population in Kent County self-
identify as having a substance use disorder and a co-occurring disorder, which means there’s an
underlying mental illness as well. He noted that although local policing entities may have received
Crises Intervention Training (CIT) through the National Alliance on Mental Illness (NAMI), officers
may not necessarily be equipped to deal with comorbid individuals who are both crippled with
addiction as well as an underlying mental health issue.
Mr. Polce advised that a partnership has also been struck with Nemours and Dover Behavioral
Health to offer mental health training 101 to churches, community centers, etc. He stated that they
did their first training three (3) months ago and it was geared specifically to the ecumenical
community, noting that it is really important for the ecumenical community to be aware of what
individuals in their community are facing and the stigma associated with brain health. Mr. Polce
informed members that these trainings are offered at no cost and can be tailored to the community.
He stated that a member of the subcommittee is the point of contact, and if anyone is interested in
taking a training to a community organization or church, to let him know.
Mr. Polce informed members that the subcommittee is also exploring harm reduction options,
explaining that harm reduction is a component of substance use disorder more specific to opioid use
disorder. He stated that they have also been working with Capital School District to implement the
Botvin Program, which is an evidence-based program and curriculum that will better equip youth
to deal with mental health issues.
Mr. Sudler thanked Mr. Polce for the very detailed and informative presentation.
Mr. Neil stated that he thought that this was phenomenal. He asked Mr. Polce whether enough
information had been accumulated yet to gauge the response of the people who he is reaching out
to and what there reaction is. Referring to the locker initiative, Mr. Neil asked whether individuals
have access to medications or medical services they may need. He also asked if there was any
measurable data yet regarding the domestic violence type of situations. In response to Mr. Neil,
Mr. Polce stated that this is an example of a great opportunity for the City to play a collaborative
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 10, 2018 PAGE 3
role, noting that the full onus of all of these programs are with the providers who have been
identified. He explained that, specifically with Interfaith, they have done a great deal of work
ensuring that they have point of contacts and connections with all of the critical services they might
need. Mr. Polce advised that one of the benefits of having a collaborative working group is having
these points of contact identified and accessible. He noted that both the domestic violence proposal
as well as the homelessness locker engagement initiative have point of contacts for Bayhealth,
Dover Behavioral Health, Connections, the Department of Labor, Delaware State Housing Authority,
and Medicaid and Medicare at the State and federal levels. Mr. Polce informed members that having
points of contact accessible does not necessarily guarantee access; however, they have had
tremendous feedback from Bayhealth, Dover Behavioral Health, and Connections regarding their
awareness that this pilot is ongoing and allocating specific resources, including beds and staffing
capacity for these projects, since there will be an influx of services called upon.
Mayor Christiansen thanked Mr. Polce for his service on the subcommittee and asked him to pass
along the City’s gratitude to all of the members. He stated that he thought that this dispels the notion
that the members of Council were not compassionate towards those who are less fortunate and are
in great need. Mayor Christiansen explained that the fact that the City had put together a blue ribbon
commission and the Council President appointed Mr. Polce to the Healthy Neighborhoods
subcommittee shows that members are compassionate and are looking for answers to this ongoing
issue. He thanked the members of Council for their continued support of the issues and the final
results that are going to come back from the blue ribbon commission.
Mr. Anderson praised the subcommittees for the great work they are doing, noting that the
interaction that he had experienced had been extraordinarily positive. He stated that he appreciated
the tremendous amount of work that Mr. Polce had dedicated to this. Noting that Mr. Polce
indicated that there were 225 overdoses this year, he asked whether those were all fatal overdoses.
Responding, Mr. Polce stated that 225 was the number of fatal overdoses statewide.
Mr. Anderson asked how many overdoses and overdose deaths had occurred in Kent County and
how many people had been saved by naloxone. In response, Mr. Polce stated that he could provide
members with Kent County specific data. He advised that, historically, Kent County had trended
2% lower than New Castle County; however, he stated that he would reconfirm that information as
well. Mr. Polce noted that he could also provide the accessible data regarding Narcan, with the
caveat that Narcan had just become widespread in the past year, so anyone can administer it and the
data would not necessarily be recorded accurately. He explained that he can compile and provide
the State and County level data; however, the data does not go to the census track, so there will not
be very specific data for Dover.
Mr. Anderson noted that a lot of people are getting into substance abuse as an effort at
self-medication, and that Mr. Polce had indicated a rate of 12.5% behavioral health comorbidity.
Mr. Anderson asked if this was 12.5% of the people who are admitted addicts or 12.5% of the
population. Responding, Mr. Polce explained that this is self-identified data, and most of this data
is compiled by three (3) sources: 1) intake forms when someone receives treatment, 2) point-in-time
(PIT) counts for the transient community, collected by the housing alliance, and 3) emergency
department (ED) numbers, which are based on individuals who self-identify as a user/misuser and
indicate their drug of choice when they go to the ED.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 10, 2018 PAGE 4
Mr. Anderson asked when Kent County Connections partners would be joining the New Castle
County model. He stated that it had obviously not started yet; however, he thought that it seemed
like it would be a natural enhancement and progression from the Angel program and others. He
asked if Mr. Polce knew what the target start dates were or whether they were waiting on more
statistics from New Castle. In response, Mr. Polce advised that they were waiting on the check from
the federal government. He explained that Connections is the fiduciary steward of the allocated
funds and CMMI was in the process of final approval last week. Mr. Polce noted that he wanted to
ensure that the approval was given on all three (3) of these initiatives, which was why a copy of his
presentation was not available prior to the meeting. He stated that the locker program was an earlier
initiative and, there was about a two (2) month lag, so they have been operational for approximately
a month now. Mr. Polce stated that he could only speculate regarding the start date, and would never
want to speak for the federal government, but he anticipated that a strong start date would be the
middle or end of August.
Mr. Lewis commended Mr. Polce for his due diligence, serving on the subcommittee, and trying to
implement as many changes as possible to help the needy in the community and the local area. In
regard to Mr. Neil’s question regarding medical programs, he noted that he served on the board of
directors and volunteered for many years with Dover Interfaith Mission for Housing (DIMH) and
DIMH has a trailer on-site that is like an intake center. Mr. Lewis clarified that the DIMH locker
program had actually been in existence since 2014, noting that he had donated lockers from the old
high school; however, it had advanced along with other programs and is an excellent program.
Mr. Lindell stated that he applauded Mr. Polce’s efforts on this issue, noting that he knew that
Mr. Polce had focused on this issue at the State level for quite awhile as well. Noting that these
programs are funded by a State grant, he stated that he would hate to see the programs disappear
when that funding runs out. Mr. Lindell asked whether there was a commitment at the State level
for the programs that work to continue to be funded after the grant expires. Responding, Mr. Polce
stated that he was hoping that someone would ask about sustainability because it is critically
important. He informed members that there is not funding coming directly from the State; however,
the work of the Healthy Neighborhoods Council and the SIM will continue. Mr. Polce advised that
they would be using community benefit dollars from the hospital systems, explaining that,
essentially, each hospital gets a pot of money for community good and the hospital systems have
pretty much stepped up to the plate and are going to continue to fund highly effective programs. He
stated that they will be reporting all of the data from their three (3) initiatives, and Wilmington and
Sussex County also have a number of initiatives.
Mr. Polce advised that the Connections Police Alliance is actually going to be funded in a different
way because it’s now part of the State's overdose system of care which is a new program that the
State is taking on and ensuring that first responders have an individual with them who’s trained in
behavioral health in specific crisis scenarios.
Mr. Neil moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting. The motion was seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 6:36 p.m.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 10, 2018 PAGE 5
UTILITY COMMITTEE
The Utility Committee met with Council President Slavin presiding in the absence of Chairman
Cole.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
Evaluation of Proposals - Schutte Park Grading Plan Engineering Design Support
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the evaluation
of proposals for the Schutte Park Grading Plan Engineering Design Support.
Staff recommended awarding the contract to Duffield Associates for the Schutte Park Grading Plan
Engineering Design Support, Bid #18-0031PW, for the amount of $42,300.
Mr. Anderson asked if the bid prices were adjusted for local business preference. Responding,
Mrs. Mitchell stated that she would have to check with Mrs. Sharon Duca, Public Works
Director/City Engineer, explaining that the local vendor preference is typically noted on the action
form when applicable.
Mr. Hare moved to recommend awarding the contract to Duffield Associates for the Schutte Park
Grading Plan Engineering Design Support, Bid #18-0031PW, for the amount of $42,300, as
recommended by staff. The motion was seconded by Mr. Lindell.
Responding to Mr. Lewis, Mrs. Mitchell stated that the City had used Duffield Associates in the past
and they did good work. She noted that the City had also used Century Engineering, and Pennoni
Associate in the past and they were good vendors as well.
The motion to recommend awarding the contract to Duffield Associates for the Schutte Park
Grading Plan Engineering Design Support, Bid #18-0031PW, for the amount of $42,300, as
recommended by staff, was unanimously carried.
Evaluation of Proposals - Wellhead Redevelopment Program
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis, and the budgeted and
historical spending amounts regarding the evaluation of proposals for the Wellhead Redevelopment
Program.
Staff recommended awarding a three (3) year contract, with the City option of two (2), one (1) year
extensions, for the Wellhead Redevelopment program to A.C. Schultes of Delaware, Inc. as per the
pricing included in the proposal submittal.
Mr. Neil moved to recommend awarding a three (3) year contract, with the City option of
two (2), one (1) year extensions, for the Wellhead Redevelopment program to A.C. Schultes of
Delaware, Inc. as per the pricing included in the proposal submittal, as recommended by staff.
The motion was seconded by Mr. Hare and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 10, 2018 PAGE 6
Mr. Hare moved for adjournment of the Utility Committee meeting. The motion was seconded
by Mr. Neil and unanimously carried.
Meeting adjourned at 6:43 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Lindell moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
Proposed Ordinance #2018-07 Amending Chapter 106 - Traffic and Vehicles, Article III -
Stopping, Standing and Parking, Division 1 - Generally, Section 106-130 - Wrecked,
Nonoperating, or Improperly Parked or Equipped Vehicles
Mr. David Hugg, III, Director of Planning and Community Development, reviewed Proposed
Ordinance #2018-07, explaining that it amends language that has created confusion regarding the
difference between vehicles that are abandoned in an inoperable condition and vehicles that are in
an operable condition but are not properly licensed or registered, and the length of time those
vehicles can remain on a property. Mr. Hugg informed members that staff recently lost an
enforcement action on appeal to the Construction and Property Maintenance Code Board of Appeals
regarding Section 106-130 and the proposed amendment was developed at the request of that Board
and in consultation with the City Solicitor.
Responding to Mr. Hare, Mr. Hugg confirmed that Mr. Hare could park an unlicensed or untagged
car in his driveway and work on it for 90 days, if the car is in an operable condition. Mr. Hugg
informed members that the situation that staff recently encountered was that an individual had a
vehicle that was in an operable condition parked on his property but not properly registered and staff
ordered it towed after two (2) warnings and ten days. He stated that the individual appealed and,
upon reviewing the language in the Code, it was clear that the vehicle could have been there for up
to 90 days. Mr. Hugg explained that the proposed amendment does not change the intent of the
ordinance, it simply clarifies the wording.
Mr. Lewis asked if the Department of Planning and Inspections explored State Code to ensure that
there are no conflicts. In response, Mr. Hugg advised that the City is not conflicting with State Code.
He stated the City does not enforce State Code, the City enforces the City ordinances that relate to
vehicles. Mr. Hugg noted that City staff relies on the State Code and State offices to confirm
whether a vehicle is registered and has a proper owner, etc.
Mr. Neil moved to recommend adoption of Proposed Ordinance #2018-07, seconded by
Mr. Sudler and unanimously carried.
Mr. Lewis moved for adjournment of the Legislative, Finance, and Administration Committee
meeting. The motion was seconded by Mr. Shevock and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JULY 10, 2018 PAGE 7
Meeting adjourned at 6:46 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting. The
motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:47 p.m.
Timothy A. Slavin
Council President
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Attachments
Attachment #1 - Presentation entitled “Healthy Neighborhoods, Behavioral Health Subcommittee”
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ATTACHMENT #1
Council Committee of the Whole Meeting of 07/10/2018
Healthy Neighborhoods
Behavioral Health Subcommittee
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What? Who? Why?
Subcommittee tasked to implement CMMI State
Innovation Models (SIM)
Providers, state agencies, advocates
Improve health outcomes, while increasing
access to care to additional populations
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SIM Drivers
Lower Health Care Costs Population Health Promotion
Bring the growth of health care Expand access to services (for one of the
costs in line with GDP growth in most vulnerable, “costly” populations in
the next 5 years, with at least 1% Kent County)
reduction in cost of care trend by
2019 (by supporting individuals who
are homeless to access community Population Health Promotion
services and supports and reduce
Improve integration among community
reliance on high cost organizations and care delivery systems
emergency/acute services) (on behalf of individuals who are
homeless)
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Lockers for Engagement Initiative
Provider: Dover Interfaith Mission
Utilization of their Resource Center
Community Health Worker
Screening Brief Intervention Referral to Treatment (SBIRT)
framework
Behavioral Health 101 Training
Warm hand offs to provider community
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Domestic Violence Engagement Initiative
Provider: People’s Place/Domestic Violence
Coalition
DV Community Health Worker & High Risk
Advocate
Partner with “traditional” healthcare agencies to
increase access to care & provide immediate
trauma response.
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Police Connections Alliance
Provider: Connections, in conjunction w/ local
police agencies
Network of “rapid response” to engage individuals
experiencing brain health issue
Builds on the “overdose system of care”
Brings together key stakeholders, including police agencies
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Additional Topics/Works
Mental Health 101
Offering trainings, at no cost, for community
member
Harm Reduction
Exploring/researching harm reduction options
Education/Prevention
Botvin Program
Partnership with Nemours
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CITY OF DOVER City Council Meeting
July 23, 2018
FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018
1 of 2
QUARTERLY REVENUE REPORT
As of June 30, 2018
PRELIMINARY
FY18 100.0%
FY18 REVISED YTD % BUDGET FY16 FY17
GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes $ 12,615,600 $ 12,615,600 $ 12,714,400 100.8% $ 12,434,600 $ 12,524,200
2 Payment In Lieu of Taxes 410,000 410,000 315,900 77.0% 412,200 371,400
3 Transfer from Electric Fund 10,000,000 10,000,000 10,000,000 100.0% 10,000,000 10,000,000
4 Intrafund Service Receipts Electric 3,660,100 3,660,100 3,181,200 86.9% 3,628,000 3,425,000
5 Transfer from Transfer Tax Fund 1,209,300 1,209,300 1,905,300 157.6% 2,188,600 1,633,600
6 Business Licenses 1,467,000 1,467,000 1,473,300 100.4% 1,475,800 1,462,400
7 Intrafund Service Receipts Water/Wastewater 1,716,100 1,716,100 1,496,800 87.2% 1,422,000 1,583,000
8 Sanitation Fees 3,080,400 3,080,400 3,133,400 101.7% 2,527,500 2,514,600
9 Permits & Other Licenses 1,956,000 1,956,000 2,253,500 115.2% 1,735,800 2,069,700
10 Transfer from Municipal Street Aid Fund 673,100 673,100 666,100 99.0% 673,300 673,400
11 Fines & Police Revenue 746,600 750,400 604,700 80.6% SRO's-6 months paid; Fines are down 652,000 679,100
12 Police Extra Duty Fees 500,000 500,000 521,900 104.4% 541,600 497,200
13 Transfer from Police Grant Funds 60,000 100,000 94,300 94.3% 159,600 239,800
14 Court of Chancery Fees 1,350,000 1,350,000 1,357,700 100.6% June fees not yet received 1,123,700 1,343,000
15 Transfer from Water/Wastewater Fund 900,000 900,000 900,000 100.0% 850,000 875,000
16 Transfer from Civil Traffic Penalties Fund 511,800 511,800 464,100 90.7% June ERLSP not yet received 442,800 463,600
17 Library Revenues & County Reciprocal Pymt 400,000 400,000 392,100 98.0% 419,700 380,600
18 Franchise Fees 688,100 688,100 498,800 72.5% Q4 franchise fees not yet received 510,600 690,800
19 General Fund Grant Receipts 545,000 545,000 582,400 106.9% 572,500 554,200
20 Recreation Revenue 150,000 150,000 137,900 91.9% 183,200 169,000
21 Other Miscellaneous Receipts 153,900 153,900 178,900 116.2% 173,600 230,000
22 Interest Income 138,000 138,000 164,200 119.0% 172,100 154,500
TOTALS $ 42,931,000 $ 42,974,800 $ 43,036,900 100.2% $ 42,299,200 $ 42,534,100
Final Budget $ 41,936,100 $ 42,304,100
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CITY OF DOVER City Council Meeting
July 23, 2018
FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018
2 of 2
QUARTERLY REVENUE REPORT
As of June 30, 2018
PRELIMINARY
FY18 100.0%
FY18 REVISED YTD % BUDGET FY16 FY17
WATER/WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 5,914,600 $ 5,914,600 $ 5,584,500 94.4% Usage is down $ 5,457,100 $ 5,776,100
2 Wastewater Fees 3,768,000 3,768,000 3,612,200 95.9% 3,745,500 3,718,700
3 Wastewater Adjustment Fees - County Trtmt 2,952,900 2,952,900 2,813,900 95.3% 2,936,800 2,912,700
4 Groundwater Inflow Adjustment 1,899,700 1,899,700 1,800,200 94.8% 1,878,100 1,863,200
5 Water Impact Fees 231,000 231,000 1,069,700 463.1% New construction is up in FY18 238,000 672,100
6 Wastewater Impact Fees 209,000 209,000 962,700 460.6% New construction is up in FY19 207,500 611,800
7 Water Tank Space Leasing 391,400 391,400 363,500 92.9% Timing of rent payments 338,000 376,200
8 Interest Income 11,400 11,400 33,300 292.1% 4,600 15,700
9 Other Miscellaneous Revenues 61,000 61,000 44,800 73.4% 70,000 86,100
TOTALS $ 15,439,000 $ 15,439,000 $ 16,284,800 105.5% $ 14,875,600 $ 16,032,600
Final Budget $ 15,037,500 $ 15,467,200
FY18 100.0%
FY18 REVISED YTD % BUDGET FY16 FY17
ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 79,656,000 $ 79,656,000 $ 81,494,300 102.3% Usage is down $ 77,844,900 $ 80,624,300
2 Distribution of Earnings (6,176,700) (6,176,700) (6,337,100) 102.6% - (1,845,900)
3 Utility Tax 1,236,200 1,236,200 1,255,100 101.5% 1,309,700 1,322,000
4 Transfer from Rate Stabilization Reserve - - - 0.0% 750,000 -
5 Miscellaneous Revenue 765,700 765,700 778,400 101.7% 1,211,600 921,900
6 Interest Income 216,300 216,300 197,600 91.4% 65,700 218,000
TOTALS $ 75,697,500 $ 75,697,500 $ 77,388,300 102.2% $ 81,181,900 $ 81,240,300
Final Budget $ 81,830,400 $ 79,428,600
Paj 47
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2018-07
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 1 -
4 Generally, Section 106-130 - Wrecked, Nonoperating, or Improperly Parked or Equipped Vehicles of the
5 Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as
6 follows:
7 Sec. 106-130. - Wrecked, nonoperating, or improperly parked or equipped vehicles.
8 (a) Prohibited. It shall be unlawful for any person to park any vehicle or permit any vehicle to
9 remain parked on the streets of the city when that vehicle is wrecked, nonoperating or
10 improperly equipped to such an extent that it would be unlawful to drive the vehicle upon the
11 streets of the city in its condition.
12 (b) Leaving vehicles on property.
13 (1b) Leaving vehicles on property. It shall be unlawful for any person in charge or in
14 control of any property within the city, whether as owner, tenant, occupant, lessee
15 or otherwise, to:
16 a. allow any vehicle partially dismantled, stripped, nonoperating or in such
17 disrepair repair as to render it unable to operate legally on a public street,
18 or a wrecked, junked or discarded vehicle to remain on the property for more
19 longer than five days; or, in the case of operating unregistered or
20 uninspected vehicles, to remain on the property for more than 90 days.
21 No person shall leave such vehicle on any property within the city for a
22 time longer than five days or 90 days in the case of operating
23 unregistered or uninspected vehicles.
24 b. allow any operable unregistered or uninspected vehicle to remain on the
25 property for more than 90 days.
26 (2) This subsection shall not apply with regard to a vehicle in an enclosed building or
27 enclosed area designed and approved for such purposes, a vehicle on the premises
28 of a business enterprise licensed and approved for vehicle storage or salvage or
29 repair, or a vehicle in an appropriate storage place or depository maintained in a
30 lawful place and manner as approved by the city.
31 (3) Unregistered or uninspected vehicles whose owners have properly parked and locked
32 secured them and who have notified the department of planning and inspections may
33 be granted extensions of the 90-day limit on the keeping of unregistered or
34 uninspected vehicles by the department of planning and inspections for reasons
35 including but not limited to out-of-state military service, illness, extended travel or
36 such other reasons acceptable to as approved by the department of planning and
37 inspections.
Paj 48
Proposed Ordinance #2018-07 - Ch 106 - Traffic and Vehicles, Art III - Stopping, Standing and Parking,
Div 1 - Generally, Sec106-130 - Wrecked, Nonoperating, or Improperly Parked or Equipped Vehicles Page 2
38 (c) Parking in grass. Vehicles shall not be permitted to be parked in front, side, or rear yards
39 required by appendix B pertaining to zoning, except in approved driveways, garages, carports,
40 or parking pads.
41 (Code 1968, § 31-81; Code 1981, § 13-37; Ord. of 11-12-1996)
42 State Law reference - Driving of hazardous vehicles prohibited, 21 Del. C. § 4335.
43 ADOPTED: *
44 S:\ORDINANCES\2018\DRAFT\ORDINANCE #2018-07 CH 106-TRAFFIC & VEHICLES-ART III-DIV 1-SEC 106-130-IMPROPERLY PARKED VEH\ORDINANCE #2018-07 CH 106-TRAFFIC &
45 VEHICLES-ART III-DIV 1-SEC 106-130-IMPROPERLY PARKED VEH.wpd
46 SYNOPSIS
47 The proposed ordinance clarifies the provisions limiting the leaving of vehicles on property.
48 Depending on the condition of the vehicle, the timeframe may be limited to 5 days or 90
49 days with provisions for extension of the time limit subject to certain criteria.
50 (SPONSORS: HUGG AND *)
51 Actions History
52 07/23/2018 - Scheduled for First Reading - City Council
53 07/10/2018 - Introduced - Council Committee of the Whole/Legislative, Finance, and Administration Committee