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ANNUAL CITY COUNCIL MEETING
The Annual City Council Meeting was held by video conference on May 10, 2021 at 7:31 p.m. with
Mayor Christiansen presiding. Council members present via video or telephone were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, Mr. Lindell and Mr. Hare.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mr. Robertson, Mr. Hugg, Fire Chief Carey, Mr. Rodriguez, and Mrs. McDowell.
PRESENTATION OF THE COLORS
The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps
(AFJROTC).
INVOCATION
the invocation was given by Bishop W. James Thomas, II, Senior Pastor, Calvary Baptist Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Miss Liliana Burgos.
NATIONAL ANTHEM
The National Anthem was sung by the Dover High School Chorus.
ADOPTION OF AGENDA
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
COUNCIL RESOLUTION NO. 2021-09 - TIMOTHY A. SLAVIN
The City Clerk read Resolution No. 2021-09 into the record as follows:
WHEREAS, Timothy A. Slavin was sworn into office as Councilman of the Third District on
May 10, 2004 and served with distinction until May 10, 2010. He was again sworn into office on
May 13, 2013 as the At-Large Council Representative and served with distinction until
May 10, 2021; and
WHEREAS, during his many years of service to the citizens of Dover, Timothy A. Slavin served as
Council President and Vice Mayor from May 11, 2015 until May 13, 2019; as Chair of the Safety
Advisory and Transportation Committee; the Legislative, Finance, and Administration Committee;
the Construction Code Board of Appeals; the Education Liaison Committee; and the Sex Offenders
Legislation Review Committee; as Co-Chair of the Services to Seniors Committee; as Secretary of
the Dover 4th of July Committee; and as a member of the Utility Committee; the Council Committee
of the Whole; the Downtown Dover Development Corporation; the Downtown Dover Partnership;
the Haggerty & Haggerty Ad-Hoc Review Committee; the Police Chief Selection Committee; and
as Liaison to Kent County (City/County Committee); and
WHEREAS, throughout his tenure, Timothy A. Slavin has displayed a professional approach to his
duties and a quality of leadership that fostered civility and the respect of his colleagues. His attention
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 2
to detail and open-mindedness guided decision-making based not on emotion but on factual
information and his life's experiences brought an insight and empathy that was beneficial to all; and
WHEREAS, the City of Dover has benefitted from Timothy A. Slavin's genuine care and concern
for his constituents, colleagues, and city and he will always be remembered for his unique ability to
bring about compromise amongst diverse individuals.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
Timothy A. Slavin will be sorely missed and express their sincere appreciation to him and his family
for the dedicated years of service and personal sacrifices made on behalf of the City of Dover.
BE IT FURTHER RESOLVED that the Mayor and Council wish Councilman Slavin and his family
success in all future endeavors and direct the City Clerk to make this resolution a part of the
permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to
Timothy A. Slavin.
ADOPTED: MAY 10, 2021
Mr. Hare moved for adoption of Resolution No. 2021-09, seconded by Mr. Neil and
unanimously carried.
Mr. Slavin noted that it had been his great honor to serve on Dover City Council these past many
years and that he considered it the honor of a lifetime to have participated in their American
democracy. He extended his thanks to all the members of City Council he served with over the years
for their friendship, their fellowship, their mentoring, and for allowing him to learn how to build
consensus, how to persuade and how to disagree with people. Mr. Slavin stated that he respected and
admired them for their service. He noted that they may have disagreed, but they were always united
in their love of the city.
Mr. Slavin extended his gratitude to every employee of the City of Dover, noting that they are the
life force and it is their work that keeps the community thriving. He apologized for those times when
he may have represented the employees with anything less than full support. Mr. Slavin stated that
the employees deserve the support of everyone in the city, noting that they earn it each and every day,
and he was proud to have called them his colleagues.
OATHS OF OFFICE ADMINISTERED BY THE HONORABLE JAMES G. MCGIFFIN, JR.
- FAMILY COURT JUDGE
The Honorable James G. McGiffin, Jr, Family Court, administered the Oaths of Office as follows:
Council - At-Large - Andre M. Boggerty
Council - First District - Gerald L. Rocha, Sr.
Council - Second District - William F. Hare
Council - Third District - Tricia K. Arndt
Council - Third District - Fred A. Neil
Council - Fourth District - David L. Anderson
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 3
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for
2021/2022.
Mr. Lindell moved to nominate Mr. Neil, Mr. Rocha, and Mr. Sudler to serve as Council
President/Vice-Mayor for 2021/2022, seconded by Mr. Anderson.
Mr. Rocha declined the nomination to serve as Council President/Vice-Mayor for 2021/2022.
Mr. Sudler moved to close nominations, seconded by Mr. Anderson and unanimously carried.
Mr. Sudler moved that a roll call vote be used to elect the Council President/Vice-Mayor, seconded
by Mr. Boggerty.
Mr. Neil expressed his concerns regarding a roll call vote. He noted that in the past they have done
a secret ballot as they do not want intimidation or any sort of recrimination after the vote and that
a secret vote satisfies that.
Mr. Sudler stated that to imply someone would exercise some form of intimidation because it did
not go their way is not statesmanlike. He requested that they move forward with the roll call for
transparency for the community.
Mr. Anderson agreed with Mr. Neil that a secret vote is the preferred way when they have a
competitive election. He noted that his hesitation this one time was because they were not in person
and they have a system that is unproven to them. Mr. Anderson stated that because of the uneasy
nature, he may vote for this particular motion, but does not intend to do it as a precedent.
Mr. Lindell stated that he asked for the history of the secret ballot and there was discussion in the
minutes from 2008, which was when the secret ballot process began. He noted that
Ms. Sophia Russell, former Fourth District Councilwoman, was integral in that discussion about the
Australian or secret ballot. Mr. Lindell respected the idea that some individuals should have the
ability to vote without having to share their opinion, but stated that it did not matter to him and he
would tell whoever wants to know how he voted.
Mr. Rocha noted that the public was adamant about seeing transparency from Council.
Mr. Sudler moved for a roll call vote, seconded by Mr. Boggerty and carried by a roll call vote
of five (5) yes (Anderson, Sudler, Boggerty, Rocha, and Taylor) and four (4) no (Neil, Arndt,
Lindell and Hare).
By a roll call vote of six (6) yes for Mr. Sudler (Anderson, Sudler, Boggerty, Rocha, Taylor,
and Hare), two (2) yes for Mr. Neil (Neil and Arndt), and one (1) abstention (Lindell),
Mr. Roy Suder, Jr. was elected to serve as Council President/Vice-Mayor for 2021/2022.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 4
Mr. Neil moved to elect Roy Sudler, Jr. by unanimous vote. The motion was seconded by
Mr. Sudler and carried with Mr. Lindell voting no.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Sudler moved for adoption of the consent agenda, seconded by Mr. Neil and carried by
a unanimous roll call vote.
PROCLAMATION - ECONOMIC DEVELOPMENT WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, City of Dover's Economic Development is under the Mayor's Office, partnering with
local organizations who are committed to advancing the economic development profession by
providing resources, professional development and networking opportunities; and
WHEREAS, economic developers promote economic well-being and quality of life for our
community by creating, retaining, and expanding jobs that facilitate growth, enhance wealth, and
provide a stable tax base. Economic developers stimulate and incubate entrepreneurism in order to
help establish the next generation of new businesses; and
WHEREAS, economic developers are engaged in a wide variety of settings including rural and
urban, local, state, provincial, and federal governments, public-private partnerships, chambers of
commerce, universities, and a variety of other institutions; and
WHEREAS, economic developers attract and retain high-quality jobs, develop vibrant communities,
and improve the quality of life in their regions.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 9-15, 2021 as Economic Development Week in the City of
Dover and remind individuals of the importance of this community celebration which supports the
expansion of career opportunities and improving quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. David Hugg, Director of Planning and Community Development.
PROCLAMATION - COMMUNITY ACTION MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, for the past 55 years, First State Community Action Agency has improved the lives of
scores of individuals and families throughout the City of Dover by promoting solutions to a broad
range of challenges. The Agency strives to ignite economic growth and promote economic stability,
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 5
which builds stronger communities, fosters self-sufficiency, and helps to ensure that all citizens are
able to live in dignity; and
WHEREAS, First State Community Action Agency has provided greater opportunities for those in
need of assistance by creating pathways to prosperity through programs that offer benefits such as
job training, affordable housing, and utility assistance for seniors; and
WHEREAS, First State Community Action Agency offers innovative solutions that create a greater
chance of success for everyone and continues to be a voice for the disenfranchised in our community.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 2021 as COMMUNITY ACTION MONTH in the City of
Dover in recognition of the hard work and dedication of First State Community Action Agency.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Ms. Sade' Truiett and Ms. Bernice Edwards. First State Community Action Agency.
PROCLAMATION - PUBLIC WORKS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, our public works professionals focus on infrastructure and services that are of vital
importance to sustainable and resilient communities and to the public health, high quality of life and
well-being of the people of the City of Dover; and
WHEREAS, these infrastructure and services could not be provided without the dedicated efforts
of public works professionals of the City of Dover Departments of Public Works', Parks &
Recreation and Water & Wastewater, Grounds, Sanitation, Streets, Stormwater, Water, Wastewater,
Water Treatment and Production, Engineering and Inspections, and Administration Divisions, who
are responsible for operating, maintaining, improving and protecting our City's properties and local
environment, solid waste systems, rights-of-way, water supply, and water and wastewater systems
which are essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children of the City of Dover
to gain and maintain knowledge and progressive interest regarding the importance of public works
and public works programs in the community; and
WHEREAS, the American Public Works Association 2021 National Public Works Week theme,
"Stronger Together," embraces the City of Dover community by working together, the impact
citizens and public works professionals have on our community is magnified and results in the ability
to accomplish goals once thought unattainable.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 16 - 21, 2021 as PUBLIC WORKS WEEK in the City of
Dover and urge all citizens and organizations to learn more about the topics involved in providing
public works, and to recognize the contributions that the dedicated Departments of Public Works',
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 6
Parks & Recreation and Water & Wastewater employees make every day to our health, safety,
comfort, and quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Ms. Sharon Duca, Public Works Director, and Mr. Jason Lyon, Water and Wastewater Director.
Mrs. Duca thanked the members of City Council for taking the time to recognize the Departments
of Public Works and Water/Wastewater, as well as the other members of the Dover team who
worked together in order to work on the infrastructure and keep things going for the city.
Mr. Lyon accepted the proclamation on behalf of their 36 person team. He noted that the men and
women associated with the department have always answered the call to improve the quality of life
for the customers and citizens of the City of Dover, whether that be through tornadoes, after-hour
calls, assisting Kent County with sewer main breaks or through a pandemic. Each one of these team
members never complains. They just get up, go out and get the job done to bring the water to the
customers and take the wastewater away.
STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN
Mayor Christiansen offered the following State of the City Message:
“Good evening, Honorable Council members and my fellow Doverians. Tonight, it
is my continued honor to bring to you the annual State of the City Address.
We as a City and as citizens have survived one of the most horrific challenging
events and year during our lifetime. Some of our loved ones and friends were victims
of the pandemic and we will keep them in our hearts forever.
But once again the faith, prayers, strength, and resolve of the men and women and
children of this community have allowed us to come roaring back bigger, better, and
stronger than ever. The adventure that is Dover continues.
This evening begins a bitter sweet week in our City's history. Tonight, we say
goodbye and thank you to former Council President Tim Slavin, not only a long-time
member of Council but as a great leader; a voice of calm and reason, a guiding force
and a true servant of the people who he has served so well. I will miss his wise
counsel and I cherish our friendship. Best wishes to him and his family.
We also after the final graduation ceremony this Saturday bid farewell to a storied
and historic institution Wesley College. Since 1873 Wesley under many names has
been an integral part of the history of the City of Dover and the State of Delaware.
The college has not only produced many graduates of influence but many leaders
local, state, and national. A new chapter in the City's history is now ready to be
written. With the acquisition of Wesley College by Delaware State University a new
vision and partnership with endless possibilities begins for the University and the
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 7
City. So long old friend Wesley College and thank you to all former leaders, staff,
and students. Wolverines forever.
Many of you have seen the Dover Strong signs throughout the City and those signs
reflect the spirit of everyone across the City and our strength during the pandemic.
I would be remiss if I didn't offer my personal thanks and a heartfelt Thank you from
Council to all of our medical professionals, our front line of defense against the
pandemic putting their personal health and safety at risk to protect and care for us.
A special thanks to our police officers, our volunteer fire fighters, and emergency
service personnel who despite the dangers of the pandemic continue to serve the
public without hesitation.
To the City of Dover employees in each department a hearty round of applause for
even in these difficult times they still worked to provide the services wherever
possible and as a quickly as possible to all of our citizens without interruption or
inconvenience.
To the Citizens of Dover, I thank each of you for your patience and understanding as
city services were on revised schedules and not as rapidly available as under normal
conditions. I also thank you for the meals and snacks that many of you provided to
employees and first responders. We are a community that comes together, and we
came together quickly when the Tornado touched down from Tropical Storm Isaias.
August 4, 2020 will be a day we will all remember. Damage was horrific. But
everyone joined hands and hearts to rescue, restore, and return our city to normal.
With the help of our dedicated city personnel and neighboring electric departments
power for the most part was restored quickly, and neighbors and city crews alike
began clearing trees and debris. Once again, we mirrored the slogan "Dover Strong"
as neighbor helping neighbor occurred throughout the City. Team Rubicon a team of
volunteer veterans who continue to serve their fellow citizens and the citizens of
Dover for approximately 3 weeks their help was invaluable to restoring our town
with 3067 volunteer hours. A huge thank you to Capital School District/Dover High
School, local rotaries, Elks Lodge 1903, Knights of Columbus, Kent County Levy
Court, numerous elected officials both state and county, Councilman Anderson and
Councilman Cole, and many private citizens who helped with relief efforts, housing,
and meals. A special thanks to the IMA and other organizations for joining together
at Thanksgiving providing turkeys and other staples to those in need and military
families of deployed service members in defense of our country. Who could forget
the efforts of the Central Delaware Chamber of Commerce and many others to make
Home for the Holidays Celebrations happen and Sean and Katie and others for
making the Christmas Season the season of hope and joy with Dashing through
Dover and the Dover Fire Department with Operation Santa Claus? All of these
events provided encouragement for the future. You have my eternal gratitude.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 8
Over the last year we grew in our accountability to our citizens. We hired a new
police Chief Tom Johnson whose task was to take an excellent department to new
heights. Like previous Chiefs before him Paul Bernat, Marvin Mailey, and
Tim Stump he believed in community policing. He began those changes and after the
unfortunate death of George Floyd accelerated those changes and the need for a
complete review of policies and procedures. His request for the support of
Community Policing and the tools and man power to put a 21st Century police
department to better protect and serve our citizen were embraced by Mayor and
Council. We must follow through on that commitment we made to our citizens, the
Chief, and the men and women of Dover Police Department. We must however
realize the success of 21st century community policing is community cooperation and
community trust.
As a City we have grown and even in the middle of a national crisis we have attracted
new businesses to our City and expansion of others. Through the joint efforts of the
City, Kent County Levy Court, Kent Economic Partnership, and the Chamber of
Commerce we have brought a major employer to the City, "Delmarva Corrugated
Box Company". Likewise, we have begun construction on two new middle schools
and a new Unites States Post Office and plan are near completion for a new Family
Court. While we have sadly lost some small businesses to the pandemic others
continue to want to be part of the fabric of Dover. Dover Air Force Base continues
to be a staple of our economy as its mission grows. A joint use agreement soon to be
signed will generate unimagined opportunity for future jobs. Garrison Oak continues
to be heavily marketed in our city as the place to live, work, and play. Choose Central
Delaware is the National marketing tool for Dover and Kent County and interest and
inquiries are growing daily. Dover continues to be in business to do business. A new
day is dawning in Dover.
Finally, as I bring my speech to a close, I want to thank Council for your dedicated
service to our City. Many times, we are called upon to make tough decisions and
travel the road less traveled. But you and I are faced with many challenges to honor
our commitment to our citizens not only today but also to the legacy we will leave
to those who will come behind us. We cannot in good conscience continue to kick
the can down the road on the needs of a growing city. We must address aging
infrastructure and other issues head on if we are going to be a competitive player in
building our economy and growth of our city and tax base. Please stand with me on
always doing what is right but not necessarily popular. We must always do what must
be done with fidelity, honesty, and integrity. I believe in Dover and I hope you do
too.”
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 9
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-07 -
REZONING REQUEST FOR PROPERTY LOCATED AT 630 WEST DIVISION STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 630 West Division Street, consisting of 1.0853+/- acres, owned by Silver Linings Holding
Corporation c/o Tolano Anderson. This property is currently zoned C-3 (Service Commercial Zone)
and subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited Central
Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). (Tax Parcel:
ED-05-076.08-01-40.01-000; Planning Reference: Z-21-03; Fourth Council District)
Mr. Neil moved that the final reading of the proposed ordinance be acknowledged by title only,
seconded by Mr. Lindell and unanimously carried. (The First Reading of the proposed ordinance
was accomplished during the Council Meeting of March 22, 2021).
Planner’s Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the Planning Commission recommended approval of the rezoning request. Mr. Hugg advised
members that there was a petition supplied in opposition to the rezoning. He noted that they verified
that the petition meets the Delaware State code requirements for a valid petition. Mr. Hugg reminded
them that a three-quarter vote was necessary for approval or denial. Mr. Hugg advised that the action
before members was a change in the various uses of the building from a C-3 classification (Service
Commercial Zone) to a C-2A classification (Limited Central Commercial Zone), which would allow
some additional uses in the building, principally the addition of apartments.
Responding to Mr. Lindell, Mr. Hugg advised that they were voting on whether to change the land
use classification that would allow the owner of the property to add apartments to this building, as
something they cannot do under the current C3 zone. He noted that the project would still need
approval of a site plan.
Mr. Rocha noted there were mixed messages coming to Council in reference to what they dealt with
similarly a few months ago. He expressed his concerns regarding the proximity of the schools.
Mr. Rocha asked if there were any ideas of what the use of the building or the apartments were.
Responding to Mr. Anderson, Mr. Hugg stated that if the building was rezoned as requested,
apartments is one of the allowed or permitted uses. He stated that they do not have an actual floor
plan or site plan for the property; however, apartments are permitted in the C-2A zoning district.
Mr. Anderson asked what other C-2A zones were in that area. Responding, Mr. Hugg stated that it
is a mix of commercial use zones. He noted that south of the area there are some residential districts,
a C-1A, which is a local commercial district, on the north side of the street is C-3, which is the
current existing zoning of service commercial directly across the street and is a similar C-2A zoning
district and a small manufacturing district on Ridgely Street a couple of hundred yards away.
Responding to Mr. Sudler, Mr. Hugg stated that he did not believe there were any traffic restrictions
or traffic volume issues. He noted hat the project went through the Development Advisory
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 10
Committee and there were no objections to the rezoning from the Delaware Department of
Transportation (DelDOT).
Public Hearing
Mayor Christiansen declared the public hearing open.
Mr. Tolano Anderson, 50 Duck Creek Terrace, the rezoning applicant, submitted correspondence
prior to the meeting (Exhibit #1). Mr. Anderson stated that the rezoning is the highest and best use
for this property. It is a 19,400 square foot building that is more than 75% vacant and has been for
nearly two years, with a value of over $1.4 million. He stated that this is a problem because there is
a lot of potential use for the property; however, the focus now is to avoid a blight upon the City and
it is important that they address those matters up front. Mr. Anderson stated that the rezoning
application precludes blights and provides affordable housing for people. He noted that Dover
Interfaith Mission for Housing (DIMH) has significant interest in the property.
Mr. Tolano Anderson stated that they do not have an agreement or contract to DIMH. He advised
that they are a real estate developer and property managers. Two other parties other than DIMH have
expressed interest in the property because there is a shortage of affordable housing in the City.
Mr. Anderson referenced a 36-page memorandum submitted by Mr. John Paradee of Baird Mandalas
Brockstedt, LLC (Exhibit #2) that opposed the application on the ground that it would be a homeless
shelter. He stated that it was incorrect. Mr. Anderson noted that C-2A prohibits sex offenders and,
by Delaware law, a sex offender is not allowed to reside there because of the proximity to the school.
Mr. Sudler expressed his concerns regarding traffic in that area. He noted that the area would be too
congested if they allow the rezoning to move forward. Responding to Mr. Sudler’s concerns,
Mr. Tolano Anderson advised that he was aware of what the ingress and egress requirements would
be and the improvements they would need to make to the property. He noted that, through the
Development Advisory Committee (DAC), that issue was addressed with DelDOT and they had no
opposition from the professional planning staff, DAC, or Planning Commission.
Mr. Lindell reminded members that they were discussing the zoning specifically and that there was
nothing in the Planning Commission report that dealt with anything beyond that.
Mr. Rocha stated that he wanted to know what was going to be on the property. Responding to
Mr. Rocha, Mr. Anderson stated that is a decision that will be made by their board in terms of what
the final disposition of the property will be. He noted that they are looking at apartments in that
building with a mixed use.
Responding to Mr. Rocha, Mr. Hugg stated that the mixed use zone accommodates a number of land
uses and allows residential use.
Responding to Mr. Neil, Mr. Hugg stated that under the C-3 and C-2A zoning the owners would be
allowed to open any retail store that is legal in the City of Dover. He advised that the primary
difference between the two zones is that the C-2A would allow residential use and C-3 does not.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 11
Mr. Victor Giangrant, 805 Forest Street, owner of the Westside Car Wash expressed his concerns
for the surrounding businesses and issues with the homeless panhandling their customers, urinating
and defecating on their properties, and stealing. He noted that other businesses and residential
dwellings are complaining about similar issues. Mr. Giangrant stated that customers complained that
the carwash on West Division Street was an unsafe environment and branded it through word of
mouth and it eventually closed due to lack of revenue. He stated that he respected the work that the
DIMH does for the homeless community, but that this was not the right place for them.
Ms. Ann Marie Townsend noted that she had submitted a letter prior to the meeting (Exhibit #3).
Ms. Lachelle Paul asked about the process for approving the rezoning application and the
apartments. She asked if the criminal background check would be the same as it is for public
housing if the apartments were going house the homeless. Responding, Mr. Hugg advised that
matter would be determined by the owner or manager of the apartments. He noted that they do not
regulate the specific requirements for occupancy by the individuals that will be living there. Mayor
Christiansen requested that if Ms. Paul had any further questions in regard to apartments, that she
contact the Planning and Inspections Department.
Mr. Hare stated that he was getting mixed signals in reference to Ms. Townsend’s letter because it
stated that Council should approve the rezoning because if it is approved, DIMH plans to create
apartments so their clients have access to housing. He noted that they planned to move their shelter
to Walker Road, but they did not get approval after the neighbors objected and they chose West
Division Street.
Mr. Boggerty asked if they were bifurcating the issue. He stated that if they were, they needed to
focus on the zoning and let the other issue stand alone. Mayor Christiansen agreed and noted that
they have an obligation to focus on the zoning.
Ms. Townsend stated that she does not have any firsthand knowledge about DIMH. She emphasized
that the property directly across the street is zoned C-2A. Ms. Townsend noted that both the
Planning Commission and Staff have said that the property is compatible with the surrounding zones
and the Comprehensive Plan. She noted that she was disheartened that the issue that is causing
concern about zoning is about who would occupy apartments if they are constructed, which goes
right to the heart of a fair housing question. Ms. Townsend advised that the point that she raised in
her letter was DIMH chose not to go to Walker Road because the neighbors did not want them and
then Council denied the rezoning.
Mr. John Paradee, Baird Mandalas Brockstedt, LLC, stated that it was disingenuous for the applicant
to suggest that this was being presented for anything other than apartments for the homeless. He
noted that the problem with that was that once they rezone the property to C-2A, they cannot deny
the apartment use for the homeless because there is nothing in the City code that prohibits apartments
being leased to the homeless. Mr. Paradee advised that C-2A prohibits homeless shelters, but it does
not prohibit apartments, which may be leased to the homeless.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 12
With regard to the sex offenders issue, Mr. Paradee stated that there is nothing in City code that
punishes a property owner who harbors a sex offender. He noted that Title 11, Section 11-12A1,
makes it a criminal offense for a sex offender to reside within 500 feet of the school and that is an
offense committed by the person, not the property owner. Mr. Paradee stated that it still conflicts
with businesses and the residents. He advised that the petition is signed by every property owner in
the neighborhood and it does not matter what the basis of their objection was, they cannot disregard
the petition.
Mr. Paradee stated that the use is a critical part of the analysis under the City zoning code and it has
to be compatible with the existing uses in the neighborhood and everyone in the neighborhood says
it is not compatible. He noted that they submitted that the application be denied for the same reason
that the last application was denied in December. Mr. Paradee requested that if they choose to
proceed, that there be a required three-fourths majority vote because the petition is signed by all of
the neighbors.
Responding to Mr. Sudler, Mr. Paradee stated that C-2A permits apartments, but once they rezone
this property to C-2A and the property owner decides to sell the property to the DIMH and they take
ownership, there would be nothing that they could do to stop them from leasing the property to the
homeless. He noted that because the sex offender statute is a criminal statute, they could not revoke
the rezoning if they happen to put homeless people there and the best thing they could do is have the
individuals arrested and removed.
Mr. Boggerty asked if there were any steps that the property owner could take to help ease the
concerns of the businesses that Mr. Paradee represents. Responding, Mr. Paradee stated that it may
require a response from the City Solicitor or Staff. He noted that his client has indicated that those
types of mitigation measures would not be satisfactory because they are not likely to be successful
in reducing the nuisance problems. Mayor Christiansen noted that Mr. Paradee was correct and that
he thought Mr. Rodriguez would advise that they have to vote on what the rezoning of the property
is because it would border on contractual rezoning and that is not permitted.
Mr. Anderson asked if it was true that sex offenders have to notify the state and therefore the public
is notified, which would eliminate the issue. Responding, Mr. Paradee stated that he was not sure
that it would not be an issue. He advised that Mr. Anderson was correct and that there are three tiers
for sex offenders and at least the two higher ones, if not all three, have to register and that the
registry is published. Mr. Paradee stated that registration would not necessarily result in the City
finding out or being notified directly of the presence of a sex offender. He noted that he was not sure
if that would be timely enough. Mr. Anderson stated that the police department is notified, so that
would give people motivation to stay within the law.
Responding to Mr. Anderson, Mr. Paradee stated that the difference between other mixed uses and
apartment zonings in the area and this property is that it is going to be occupied potentially by sex
offenders. Mr. Paradee noted that whether a person has a job and is making contributions, if they
are a sex offender, the law says they cannot be within 500 feet of a school and that was the problem.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 13
Mr. Neil moved to suspend the rules and to allow Mr. Tolano Anderson to speak. The motion
was seconded by Mr. Sudler and unanimously carried.
Mr. Tolano Anderson, applicant, stated that all of the people that signed the petition that Mr. Paradee
referenced were faced with a cover sheet that specifically said to prevent sex offenders and a
homeless shelter from coming to the property, which is incorrect. He stated that they are business
people looking for the best opportunity to sell the property, but currently they are also considering
developing it themselves. Mr. Anderson stated that they are entertaining Dover Interfaith Mission
for Housing (DIMH) and two other companies as well. He advised that at this point, DIMH is not
in the highest position for the acquisition and his boss may not want to sell it at this point.
Mr. Anderson stated that approval of the application should not be based on the possibility that the
renters may be homeless or there may be sex offenders there. He noted that it is consistent with the
Comprehensive Plan and surrounding land uses.
Mayor Christiansen closed the public hearing.
Mr. Anderson moved to approve the rezoning request for the property located at 630 West Division
Street, seconded by Mr. Neil.
Mr. Hare stated that Mr. Anderson testified that they had three different people and did not know
who was going to get the property, Ms. Townsend submitted a letter that stated, if approved, DIMH
is going to put apartments for the homeless and that she got her information from
Mr. Tolano Anderson. Mr. Hare noted that the zoning across the street did not have apartments, but
were residents living in single family residences, not an apartment complex.
Mr. Neil moved to call the question, seconded by Mr. Sudler and unanimously carried.
The motion to approve the rezoning request for the property located at 630 West Division
Street failed by a roll vote of four no (Hare, Rocha, Sudler, and Taylor) and five yes
(Anderson, Neil, Boggerty, Arndt, and Lindell). (Title 22 §305 of Delaware Code requires that
when 20% of eligible lots participate in a petition, the legislative body for the municipality must
achieve a three-fourths favorable decision to proceed with the rezoning of the property.)
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 26, 2021
The Minutes of the Regular Council Meeting of April 26, 2021 were unanimously approved
by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 27, 2021
The Council Committee of the Whole Meeting was held by video conference on
April 27, 2021 at 6:00 p.m., with Council President Hare presiding. Members of
Council present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil,
Mr. Slavin, Mr. Rocha, and Mr. Taylor. Mr. Lindell was absent. Civilian members
present for their Committee meetings were Mr. Shelton (Safety Advisory and
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 14
Transportation), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock
(Legislative, Finance, and Administration).
UTILITY COMMITTEE
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Annexation Request - 115 Fox Hall Drive, Owned by Edward C. And Joan N.
Larrivee (Actionable Item)
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the Petition to Annex and
Rezone Property located at 115 Fox Hall Drive, owned by Edward C. and
Joan N. Larrivee. Mrs. Melson-Williams advised that the property was improved
with an existing single family house; however, the property owner has requested
annexation into the City in order to connect to City water services. She noted that the
property is already served by City of Dover electric. Mrs. Melson-Williams stated
that the Public Works Department noted that Fox Hall Drive is not a City of Dover
maintained street, but that City trash collection would be available to the property
when it is annexed into the City.
Mr. Rocha moved to recommend approval of the annexation. The motion was
seconded by Ms. Maucher and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by
Mr. Rocha and unanimously carried.
Meeting adjourned at 6:04 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council
President Hare presiding in the absence of Chairman Lindell.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Memorandum of Understanding (MOU) and Proprietary Information
Exchange Agreement - Lights-On Dover Strong Campaign (HELP Initiative,
Inc.) (Actionable Items)
Mr. Matt Harline, Assistant City Manager, reviewed the background regarding the
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 15
Memorandum of Understanding (MOU) and Proprietary Information Exchange
Agreement for Lights-On Dover Strong Campaign (HELP Initiative, Inc.).
Staff recommended authorizing the Mayor to sign the MOU and Proprietary
Information Exchange Agreement and to submit a Letter of Support.
Mr. Harold Stafford stated that they had implemented this program in each of the
cities and towns they had been in since starting in Dover in 2017. He stated that
they would delay setting the program up while the COVID virus was still in effect
until the City was more comfortable with their team coming in to provide the
services in the Weyandt Hall lobby. Mr. Stafford stated that the program was for
people who were facing disconnect. He noted that their energy educators can go to
their residence or talk to them by phone to give them information about how they
can go about reducing their energy usage so they will not be disconnected or in
arrears. He stated that Code Enforcement was mentioned because in other cities
they had worked in they had worked with Code Enforcement to identify
problematic vacant houses and buildings were there was a lot of crime occurring
and put solar powered motion lights on those facilities to improve public safety.
Responding to Mr. Hare, Mr. Stafford stated that they have brochures that could
be set out in the Weyandt Hall lobby with the phone number for their call center
which was available from 8:00 AM to 8:00 PM rather than having a member of
their staff in the lobby.
Responding to Mr. Sudler, Mr. Harline stated that there is limited space in the
Weyandt Hall lobby and that utility bill information could not be discussed in the
lobby.
Responding to Mr. Harline, Mr. Stafford stated that they would not be discussing
customer utility bill information in the lobby, they would only be explaining their
services and setting a time to meet with customers at their residence or by phone.
He stated that they would not go into any kind of extended discussion about the
content of the bill.
Responding to Mr. Sudler, Mr. Stafford confirmed that normally they would have
one (1) member of their staff at the table.
Responding to Mr. Sudler, Mr. Harline stated that the number of staff members
was not included in the contract but that one (1) person would be okay.
Mr. Neil stated that he had been involved in HELP Initiative, Inc.’s citywide
events and he felt that it was a phenomenal program. He stated that he was unsure
of whether or not the City’s attorney had reviewed the MOU but that it was
important that Mr. Harline or Mr. Robertson be involved in it. Mr. Neil stated that
the schedule was out of order, per the document it was supposed to start on April
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 16
5th and that it was already past that date. Mr. Neil suggested bringing the item
back to Committee after study by the City and approval by the City’s attorneys to
make sure that they have everything worked out.
Responding to Mr. Neil, Mr. Stafford confirmed that their offices were in the
CenDel building.
Mr. Neil stated that he thought they were doing a tremendous job but he did not
think it was quite ready yet. Mr. Neil recommended that this item go back to
Committee to make sure that the City, the City Manager, and the City attorney are
clear on what it was and that any kinks were worked out so that when it comes
back they can get a yes.
Responding to Mr. Neil, Mr. Stafford stated that when the document was
submitted they were projecting that it may be approved in order for them to start
at that time, however, because of the delay in the City acting on it the schedule
was pushed.
Responding to Mr. Sudler, Mr. Harline stated that he thought the biggest risk to
the City was if there was something done in the agreement that could fall back on
the City releasing information about City bills. He stated that he thought the
proprietary information exchange agreements should be tightened up. Mr. Harline
stated that he had sent the documents to the City Solicitor and he received
comments back on Friday and there just was not time to get them out to the
Committee. He stated that he thought they could do it quickly but that all parties
would be better served by a tight agreement.
Mr. Sudler stated that he was disappointed that they had not been provided the
information from the City Solicitor and were not prepared to assist in the matter
because of it.
Mr. Anderson recommended that the item be moved forward to Council with no
recommendations, by that time the City Solicitor’s information will have been
disseminated. He stated that if both sides agree to the minor amendments, it would
be substituted. Mr. Anderson stated that the program would not cost the City
money and the reason there is a proprietary information agreement is to protect the
City and Dover Strong to allow the flow of information to help the citizens of
Dover.
Responding to Mr. Contant, Mr. Stafford stated that they had another program
through Christiana Care that was funded by the State Department of Natural
Resources and Environmental Control. He stated that the funding gave them the
ability to do one hundred (100) home assessments in New Castle County and one
hundred (100) home assessments downstate. He explained that through the lights
program they have been able to identify people who need heat. He stated that they
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 17
had money for heat repair/replacement, weatherization, and healthy home
assessments. He stated that the U.S. Department of Housing and Urban
Development had identified twenty-nine (29) health hazards that caused people to
visit the emergency room and hospital and they would be working with the
Department of Natural Resources, Christiana Care, and other facilities to identify
people through the lights program who need those services. He stated that if they
agreed they would do the healthy home assessment as a result of that work.
Responding to Mr. Contant, Mr. Stafford confirmed that information was not
being shared about a particular condition, they were making contact through
another program, assessing it, and based on that asking them if they would be
interested in a secondary program.
Responding to Mr. Stafford, Mr. Harline stated that he could get the City
Solicitor’s comments to him before the end of the evening.
Mr. Anderson moved to recommend authorizing the Mayor to sign the MOU
and Proprietary Information Exchange Agreement and to submit a Letter of
Support. The motion was seconded by Mr. Sudler and unanimously carried.
(Discussion of this item will take place during the latter part of the meeting.)
Tyler Technologies Addendum for Support Services
Ms. Cheryl Bundek, City Assessor, reviewed the background and analysis regarding
the evaluation of proposals for the Addendum for Support Services from Tyler
Technologies.
Staff recommended approval of the Tyler Technology Support Agreement
Addendum.
Responding to Mr. Neil, Ms. Bundek stated that the Assessor’s Office had been using
the valuation portion of the Tyler program for the past ten (10) years. She noted that
it was different from the Munis program that they have had issues with.
Mr. Anderson thanked Ms. Bundek for her years of service to the City, he stated that
her innovation had saved the taxpayers hundreds of thousands of dollars over the last
ten (10) years and the City of Dover had the most up-to-date assessment done in the
State of Delaware.
Responding to Mr. Anderson, Ms. Bundek stated that the City Solicitor had reviewed
the addendum to make sure that it follows what the City’s charter and ordinance
would provide. She stated that the Solicitor had agreed that the amendment could be
done legally because there would be no one in the office, once she left, that could do
the valuation services, so this person would do the valuations.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 18
Responding to Mr. Anderson, Ms. Bundek stated that the next tax reassessment for
the City of Dover would be 2025, but with the recent lawsuit, from the school system
to the counties, she believed most of them should be done between 2024 and 2025.
Mr. Sudler stated that they would miss Ms. Bundek and that she had done a great job,
having received no complaints through his tenure with the City. Mr. Taylor stated
that retirement was not overrated and when you get your opportunity, just do it.
Mr. Neil moved to recommend awarding the addendum for support services
from Tyler Technologies, as recommended by staff. The motion was seconded
by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
The meeting was adjourned by unanimous consent.
Meeting adjourned at 6:34 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Anderson moved for adoption of the agenda, seconded by Mr. Sudler and
unanimously carried.
Community Update (Informational Item)
Ms. Lachelle Paul, Criminal Justice Committee Chair, National Association for the
Advancement of Colored People (NAACP) Delaware State Conference of Branches,
provided a community update.
Ms. Paul stated that after speaking with people in the community, they felt is was
more important to have the criminal mobile substation up and running first, before
the mobile health substation unit if they can not come on simultaneously.
Chief Johnson stated that the Mayor had been making steps towards trying to
coordinate multi-functional services. He stated that they were within a couple of
weeks of significant internal transfers at the police department which would staff up
the community policing component and part of its new mission would be a hyper-
focus in the Reed and New Street area to get the effect of the mobile command post
idea in play with the existing vehicle fleet and existing resources. He stated that
within the last four (4) to five (5) days he had received information from his resource
manager that they had taken another big step with the State towards getting a
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 19
clinician program. Chief Johnson stated that he would be able to brief Ms. Paul more
intelligently once he got through the workweek. He stated that he would be meeting
with Ms. Paul the following week and hoped to outline some of those things at that
time.
Ms. Paul stated that she brings forward issues that the actual residents in the City
were having and complained about so she does a monthly report to turn in. She sated
that she would conclude her April report stating that the mobile substation was still
being worked on and was coming closer to being up and running.
Responding to Ms. Paul, Chief Johnson stated that they had vamped up the police
presence since the good weather had broken.
Mr. Neil moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 6:43 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Taylor and unanimously carried.
Meeting adjourned at 6:44 p.m.
By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
MONTHLY REPORTS - MARCH 2021
By motion of Mr. Sudler, seconded by Mr. Neil, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
Controller/Treasurer’s Budget Report
Police Chief’s Report
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JANUARY,
FEBRUARY, AND MARCH)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
March 31, 2021.
By consent agenda, Mr. Sudler moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of March 31, 2021. The motion was seconded by Mr. Neil and carried
by a unanimous roll call vote.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 20
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department,
Division 1 - Generally, Section 46-43 - Semiannual Inspections, of the City Code, the City Manager,
Mr. Randy Robertson, met with the Fire Chief Carey to discuss fire company issues. Mr. Robertson
submitted a memorandum outlining the items discussed and noted that the Robbins Hose Company
continued to provide an outstanding level of service to the City of Dover and the unincorporated
areas of the fire district.
By consent agenda, Mr. Sudler moved for acceptance of the report of the Semi-Annual
Robbins Hose Company Inspection, as submitted by the City Manager. The motion was
seconded by Mr. Neil and carried by a unanimous roll call vote.
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY CITY COUNCIL
By consent agenda, Mr. Sudler moved for approval of the following appointments. The motion
was seconded by Mr. Neil and carried by unanimous roll call vote.
2021/22 CITY COUNCIL ANNUAL STAFF APPOINTMENTS
City Assessor - Cheryl A. Bundek
Building Inspector - David S. Hugg III
City Clerk - Traci A. McDowell
Assistant City Clerk - Janella M. Tauchus
Controller/Treasurer - Lori Peddicord
Assistant Treasurers - Traci A. McDowell
- Janella M. Tauchus
Fire Marshal - Jason A. Osika
City Solicitor - Nicholas H. Rodriguez
Deputy City Solicitor - Gary E. Junge
BOARD OF ASSESSMENT APPEALS - FOUR-YEAR TERMS TO EXPIRE
MARCH 2025
William Garfinkel, Accounting, Chair
Thomas Burns, Real Estate Brokerage of Sales
John G. Davis, Jr., Undesignated (to fill the expired term of James Galvin)
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
By consent agenda, Mr. Sudler moved for approval of the following appointments, seconded
by Mr. Neil and carried by unanimous roll call vote.
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF
APPEALS - ONE-YEAR TERM TO EXPIRE MAY 9, 2022
Matthew D. Campana, Representative of Homeowners (to fill the expired term of
Tiffany L. Steger)
Charles C. K. Martin, Representative of Local Real Estate Industry Association
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 21
ELECTION BOARD - THREE-YEAR TERMS TO EXPIRE MAY 13, 2024
Alfreda F. Dean - First District Representative
Cherritta L. Matthews - Second District Representative
DOVER FOURTH OF JULY CELEBRATION COMMITTEE - ONE-YEAR TERM
TO EXPIRE MAY 9, 2022
Mayor Robin R. Christiansen, Chair (ex-officio member)
Andrea Maucher, President/Vice Chair
Brett Scott, Vice President
Justin Strickland
Carolyn D. Courtney
DOVER PUBLIC LIBRARY ADVISORY COMMISSION FIVE-YEAR TERM TO
EXPIRE JUNE 16, 2026
Jill B. Street
SILVER LAKE COMMISSION - TWO-YEAR TERMS TO EXPIRE JUNE 12, 2023
Marie E. Kozel
Michael W. Lewis
SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the City of
Dover Electric Revenue Bonds Resolution prior to adoption of the budget. Staff recommended that
the public hearing be set for June 14, 2021 at 7:30 p.m.
By consent agenda, Mr. Sudler moved to set a public hearing for June 14, 2021 at 7:30 p.m.
for the 2021/2022 City of Dover Electric Fund Budget, seconded by Mr. Neil and carried by
a unanimous roll call vote.
RESOLUTION NO. 2021-10 - APPROVAL OF THE 2021 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FIVE (5) YEAR CONSOLIDATED PLAN
By consent agenda, Mr. Sudler moved for adoption of Resolution No. 2021-10. The motion was
seconded by Mr. Neil and by unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK
GRANT ACTION PLAN
WHEREAS, the City of Dover is entitled to $311,600 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2021 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
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 22
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 benefitting 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
$311,600 entitlement; for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER approve the 2021 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 10, 2021
(City Clerk’s Office Note: Subsequent to the meeting, Mrs. Tracey Harvey, Planner/CDBG Program
Administration, received notice that additional funding was approved for the 2021 Community
Development Block Grand (CDBG) Five (5) Year Consolidated Plan and the new total amount is
$316, 192 (Exhibit #4).)
RESOLUTION NO. 2021-11 - AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER, ASSISTANT
FINANCE DIRECTOR, AND ASSISTANT TREASURERS
By consent agenda, Mr. Sudler moved for adoption of Resolution No. 2021-11. The motion was
seconded by Mr. Neil and, by a unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000
per banking institution, investments in the State of Delaware Investment Pool, and the purchase and
sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial
institutions require an Authorizing Resolution for the opening of accounts, and for purchasing,
selling, transferring, assigning, and handling securities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with
banking institutions and purchase, sell, transfer, assign, and handle securities and that they are
authorized to sign all related forms;
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 23
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one
signature; and
That the following are the office holders authorized for these purposes, until further notice:
Lori Peddicord - Controller/Treasurer
Traci A. McDowell - Assistant Treasurer
Janella M. Tauchus - Assistant Treasurer
ADOPTED: MAY 10, 2021
MEMORANDUM OF UNDERSTANDING (MOU) AND PROPRIETARY INFORMATION
EXCHANGE AGREEMENT - LIGHTS-ON DOVER STRONG CAMPAIGN (HELP
INITIATIVE, INC.)
Mr. Matthew Harline, Assistant City Manager, reviewed the Memorandum of Understanding (MOU)
and Proprietary Information Exchange Agreement - Lights-on Dover Strong Campaign (Help
Initiative, Inc.)
Staff recommended authorizing the City Manager to sign the MOU and the Mayor or City Manager
to submit a Letter of Support.
Mr. Rocha moved for approval of Staff’s recommendation, seconded by Mr. Anderson and
carried by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY THE COUNCIL PRESIDENT
Mr. Sudler recommended appointment of the following:
Council Committee of the Whole Subcommittee Chairs
Legislative, Finance and Administration Committee - David L. Anderson
Utility Committee - Gerald L. Rocha, Sr.
Safety Advisory and Transportation Committee - Ralph L. Taylor, Jr.
Parks, Recreation and Community Enhancement - Andre M. Boggerty
Kent County Tourism Board of Directors (Voting Liaison)
Fred A. Neil
Mr. Anderson moved for approval of the recommended appointments for the Council
Committee of the Whole Subcommittee Chairs and the Kent County Tourism Board of
Directors (Voting Liaison). The motion was seconded by Mr. Sudler and unanimously carried.
Mr. Neil moved to defer the following appointments, seconded by Mr. Sudler and unanimously
carried.
City/County Committee (Liaison to Kent County)
Council Committee of the Whole Subcommittees (Civilian members)
Downtown Dover Partnerships Board of Directors
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 24
Economic Development Committee
General Employee Pension Plan Board
Kent Economic Partnership Board of Directors (Voting Liaison Member)
Other Post-Employment Benefits (OPEB) Board
Police Pension Plan - Retirement Committee
CITY MANAGER'S ANNOUNCEMENTS
Mr. Randy Robertson, City Manager, provided the following information:
• New figures from the U.S. treasury have filtered through the National League of Cities, they
put out more guidance than the treasury has, but there have been emails on various figures
and propositions on how the money can be spent.
• The City’s numbers have gotten better from what they saw the first time, however, Mr. Hugg
and Mr. Robertson called both State Senators to voice their concerns over the last number
they saw, which was in the $8.5 million range. They still contend that the numbers are off,
if it is based on a population figure rather than the Community Development Block Grant
previous distribution.
• As a follow up to the Council Workshop, one of the takeaways was the proposal on a series
of budget meetings. The City Manager’s office will be emailing members within the next 48
hours with some options.
Mayor Christiansen noted that if the City of Dover does not receive what they believe are the
appropriate funds from the relief money he wants to consider filing a federal lawsuit. He stated that
it is not conscionable that cities the size of Newark and Middletown received more monies than the
City of Dover.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson took a moment to recognize the life and contributions of the Ms. Cathi Kopera who
passed the previous week and will be missed. He also noted that he was happy to see they were going
to have a Fourth of July parade.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 9:55 p.m.
TRACI A. McDOWELL
CITY CLERK
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 25
All ordinances, resolutions, motions, and orders adopted by City Council during their Annual
Meeting of May 10, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\05-10-2021 ANNUAL.wpd
Exhibits
Exhibit #1 - Correspondence submitted by Mr. Tolano Anderson
Exhibit #2 - Correspondence submitted by Mr. John Paradee, Baird Mandalas Brockstedt, LLC
Exhibit #3 - Correspondence submitted by Ms. Ann Marie Townsend
Exhibit #4 - Revised Resolution No. 2021-10 - Approval of the 2021 Community Development
Block Grant (CDBG) Five (5) Year Consolidated Plan
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EXHIBIT #1
Annual Council Meeting of 05/10/2021
From: T Anderson
To: Tauchus, Janella M
Subject: EXTERNAL: Response to Memoradum Re: Rezoning Application Z-21-03
Date: Monday, May 10, 2021 6:43:48 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good afternoon ma'am. I am reacting to the Memo we received this afternoon. Can you
please present my initial response (below) to the City Council members prior to tonight's
meeting.
Thank you.
TDA
Dear City Council Members,
This email is in response to the Memorandum submitted to you today by Mr. John W. Pardee,
Esq. in reference to Rezoning Application Z-21-03
The Memo received from Mr. Pardee is totally erroneous and a gross misrepresentation of the
facts concerning this matter. In fact, the Memo is misleading, presumptuous, reckless and
intentionally incendiary. Specifically, the entire Memo presents our application as a homeless
shelter for the Dover Interfaith Mission for Housing (DIMH) and a home for sex
offenders.However, this is absolutely false.
As real estate developers, we are rezoning this property for the highest and best use and to
preclude blight in out community. We have been approached by three (3) separate investor
groups (including DIMH) to purchase the property and develop it within the limitations of the
the zoning. We are not under contract nor have we made any final decisions concerning
selling or not selling of the property. Speculating as to what we may do in the future and
using those assumptions as discriminators violates our property rights and is a blatant
injustice.
Unfortunately, the entire 36 page Memo you received today presents opposition based on the
property being used for a homeless shelter. However, Mr. Paradee already knows that shelters
are not authorized in the requested zoning. Likewise, Mr. Paradee also knows that under
Delaware law, sex offenders are not permitted to reside at the property no matter what the
zoning. Therefore, this entire basis of the objection to the application is blatantly false.
The entire Memo is accusatory, deceptive and manipulative. The rezoning clearly does not
permit a homeless shelter or sex offenders. However, it references the homeless shelter and
sex offenders as justification dozens of times. Also, the numerous references to DIMH as the
operator of said shelter and sex offender home is also erroneous and presumptive. DIMH may
or may not ever own this property. Furthermore, the petitions used in the Memo are based on
inflammatory and false information. Local residents signed a petition in order to prevent a
homeless shelter and to stop sex offenders from residing at the property. However, This was
never even a possibility. The zoning ordinance and Delaware law would not allow either to
occur. This was a manipulative stunt and an injustice perpetrated upon the members of our
community.
Paj 27
Lastly, The Memo and all 10 of its enclosures and petitions specifically reference a homeless
shelter and sex offenders. These items have nothing to do with our application and appear to
be intentional misinformation. Therefore, we respectfully ask that the City Council disregard
and not consider any of this Memo in the hearing proceedings.
Thank you,
Tolano D. Anderson
Paj 28
EXHIBIT #2
Annual Council Meeting of 05/10/2021
Paj 63
EXHIBIT #3
Annual Council Meeting of 05/10/2021
From: McDowell, Traci
To: City Clerks Office
Subject: Fwd: EXTERNAL: Rezoning of 630 W. Division Street
Date: Monday, May 10, 2021 3:59:23 PM
Mayor, Members of Council, and Council-Elect,
Please see below regarding the rezoning which is scheduled to be considered during the
Council meeting this evening.
Traci McDowell
Sent from my iPhone
Begin forwarded message:
From: Ann Marie Townshend <ann.townshend@gmail.com>
Date: May 10, 2021 at 3:46:54 PM EDT
To: City Clerks Office <CityClerk@dover.de.us>, "Hugg, Dave" <dhugg@dover.de.us>,
"Harvey, Tracey" <Tharvey@dover.de.us>
Subject: EXTERNAL: Rezoning of 630 W. Division Street
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Members of City Council,
I am writing to express my support for the rezoning request for property located at 630 W.
Division Street from C-3/COZ-1 to C-2A/COZ-1. The report prepared by the Planning Office
notes that the request is consistent with the Comprehensive Plan and with surrounding land
uses and zones. The uses permitted in the C-2A zone are compatible with the commercial
nature of the area. Both the Planning staff and the Planning Commission have recommended
in favor of the rezoning.
I understand that there is some objection to the rezoning based upon the intended use of the
property by Dover Interfaith Mission for Housing (DIMH), and concerns that their use of the
property will lead to panhandling and other objectionable behaviors. In this way, the objection
is more about who would use the property rather than the actual uses permitted within the
zone. This does not justify denial of the rezoning request.
DIMH has emerged as a responsible community partner providing services for those in our
society who are among the most marginalized. They were formed out of necessity when
homeless men in our community had no place to go. They not only provide shelter and
nourishment for their clients, but they connect them with services to help them get their lives
on track. If the rezoning is approved, DIMH plans to create apartments, not a shelter, so that
their clients have access to a continuum of housing. Denying this rezoning based upon who
would occupy the property would run afoul of the City's obligation to affirmatively further fair
housing.
As you likely know, DIMH had planned to move their shelter to an appropriately zoned
property on Walker Road. This would have required no approvals by Planning Commission or
Paj 64
City Council. After neighbors objected, DIMH chose to look elsewhere. This led them to this
property at 630 W. Division Street, where in December, City Council denied a rezoning
request that would allow them to relocate the shelter. They are now back with a rezoning
request that would allow them to provide much-needed affordable housing, although not a
shelter. If not here, where?
DIMH has demonstrated itself to be a responsible and reliable community partner. That they
serve those of us who society would prefer to discard is not a reason to deny them, but rather a
reason to support their good work.
The proposed zone is consistent with the Comprehensive Plan and recommended by the
professional planning staff and the Planning Commission. City Council should support it for
these reasons. To do otherwise would be contrary to the City's obligation to affirmatively
further fair housing.
Ann Marie Townshend
52 Washington Street
Dover, DE 19901
Paj 65
EXHIBIT #4
Annual Council Meeting of 05/10/2021
~itp of mober
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2021-10
A RESOLUTION APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT
ACTION PLAN
WHEREAS, the City of Dover is entitled to $316,192 through the United States Department of Housing
and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2021 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 benefitting 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 $316,192 entitlement;
for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF
DOVER approve the 2021 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 10,2021
S:IRESOLUTIONS-PROCLAMATIONS.TRIBUTESI2021IADOPTEDIRESOLUTION NO 2021-10 - 2021 CDBG Action Plan ADOPTED 05-10-2011 - REVISED.wpd
Actions History (Most recent first)
05110/2021 - Introduction - City Council