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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on July 12, 2021 at 7:50 p.m. with Council President
Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare,
Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Lindell.
Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Harline, Mr. Hugg,
Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at 7:49 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Sudler declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Steven Hall, 326 North Bradford Street, spoke about the need for a small playground in the
General Green development and the Dover Interfaith Mission for Housing.
Ms. Kim Petters, Magnolia, Delaware, expressed concerns regarding safety and homelessness on
South Governor’s Avenue.
Mr. Sam Chick, 115 West Loockerman, spoke about concerns regarding safety and homelessness
on South Governor’s Avenue.
Mr. Derek K. Gardner, 105 Holmes Street, requested assistance obtaining a corrected birth
certificate. Mr. Gardner was provided contact information for the City Manager.
Responding to concerns regarding Governor's Avenue, Mayor Christiansen stated that Mr. Dave
Hugg, Director of Planning and Community Development, and Police Chief Thomas Johnson have
pursued every avenue that they have available to make the area safe while complying with the
property owner, the State of Delaware. He noted that the jurisdiction for moving the people off the
property lies with Capitol Police, but the Dover Police Department (PD) would assist if asked.
Responding to Mr. Hare regarding a recent incident on Governor's Avenue, Mayor Christiansen
advised that they would be able to detain or hold the person until the appropriate jurisdiction arrived.
He advised that he was not sure whose jurisdiction it was, but between Dover PD and Capitol Police,
the person would have been arrested, any crime above that was for the two jurisdictions to work out.
Mr. Boggerty advised that he contacted the Director of Operations for Family Court and expressed
their concerns. He noted that they have a state safety committee that is going to address their
concerns and that he would follow up with the director and provide an update as early as he can.
Responding to Mr. Anderson, Mr. Hugg advised that he did not have a deadline for demolition, but
that he is in contact with the Director of Facilities Management for the state and they assured him
that Capitol Police would respond to the area. He noted that they should start demolition and
construction early next year.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 2
Responding to Mr. Lindell, Mayor Christiansen stated that he forwarded constituent concerns to the
Governor's office. Mr. Lindell requested that they tell their constituents to also forward their
concerns to the state, because they respond to voters better.
Responding to Mr. Sudler, Mayor Christiansen stated that he would send photos of the area.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Taylor.
ADOPTION OF AGENDA
Mr. Sudler stated that Mr. Galvin would not be present and requested that item #9 - Presentation -
Recognition of Service - James J. Galvin, Jr. - Board of Assessment Appeals (March 2010 -
May 2021) be removed from the agenda.
Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Hare and
unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Hare moved for adoption of the consent agenda, seconded by Mr. Neil and carried by a
unanimous roll call vote.
MAYOR AND COUNCIL REPORTS - MAY 2021
Council members provided their district reports for May 2021, as follows:
Council President Sudler
Mr. Sudler thanked Mr. Hare and Mayor Christiansen for the in-depth discussions on the role of the
Council President and the circumstances that he may be confronted with.
Mr. Sudler stated that during the month of May he organized a team of liaisons to help Council and
Mayor Christiansen to be more aggressive and proficient in achieving fiscal year budget goals and
objectives by employing a shared team approach. He stated that the following Council members were
to serve as the Council President’s Liaisons:
Business Community and City of Dover Employees (Organizational Citizens) Liaison
Councilman William F. Hare
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 3
Kent County and State Legislator Liaisons
Councilman David L. Anderson
Councilperson Tricia K. Arndt
Capital School District, Delaware State University, and other post-secondary
institutions Liaison
Councilman Matthew J. Lindell
Mr. Sudler stated that he created a template for all Council members to report activities and
dilemmas that they may be confronted with in their districts. He noted that the district reports would
be prioritized as high, medium, and low with recommendations from the district representatives to
all of Council to help resolve.
First District
Mr. Rocha reviewed the First District Report (Exhibit #1) regarding safety concerns for students
walking to Dover High School.
Second District
Mr. Taylor stated that he and Mr. Hare had been working on an issue dealing with water. He
reviewed photos of water issues around the Second District (Exhibit #2). He provided the following
information regarding the photos:
• The first photo was the sewage plant on State Street and Lynnhaven Drive.
• The second photo was the overgrown area that should have an unbelievable amount of
water passing through the tributary. However, it gets clogged and causes back ups in
people’s yards.
• The third photo was the rear yard of 72 Lynnhaven and when it rains, it floods heavily.
• The fourth photo was the yard of 75 Lynnhaven and the water has taken another path
which is corrosive or eroding the backyard.
Mr. Hare advised that a company in Dover that was doing work on Lynnhaven Drive took 12 loads
of backfill to try and fill in yard. He stated that they were told it was a conservation district and they
could only go so far. Mr. Hare noted that the company had done this in two places and the other one
was in New Sherwood on Oak Drive, which was even worse.
Mr. Taylor continued reviewing the photos and noted the following information:
• The fifth photo was a pond on Westview Terrace which is a runoff tributary with brown
water, but the ecosystem is flourishing. There is a balance that they have to strike
somewhere, but when it floods, it goes under Westview Terrace and it floods the entire
street.
• The sixth photo was an area where the water is suppose to come out under Westview
Terrace and it is nothing but woods that impedes the water flow.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 4
Mr. Taylor noted that the issue is causing erosion in another neighbor’s yard and a Code
Enforcement office from the Inspections Department has started inspecting it.
Responding to Mr. Sudler, Mr. Taylor stated that the issue is high priority and that they need to look
at the flow of water and how it is changing the landscape.
Third District
Mrs. Arndt advised that since she was elected in May, she did not have any issues to report for
May 2021, but she did start compiling a report for June and July.
Fourth District
Mr. Anderson reviewed the Fourth District Report (Exhibit #3) regarding the continuum of criminal
activity. He noted that the concerns were a high priority issue for them.
At-Large
Mr. Boggerty advised that he rode with the Mr. Robin Eaton, Director of Parks and Recreation, and
visited all the parks in the City. He stated that they were dealing with the request from Acorn Farms
to establish a dog park. Mr. Boggerty stated that he encouraged the requester to get names and take
a survey in that area. He noted that was a low priority.
Mr. Boggerty advised that he attended the Downtown Development Safety Partnership Committee
meeting. He noted that they were dealing with the same issues and were considering what steps to
take to prevent vagrancy. Mr. Boggerty stated that they are considering a change to the seating
structure in that area.
Mayor Christiansen
Due to Mayor Christiansen’s departure, the Mayor’s Report was not given.
PRESENTATION - RECOGNITION OF SERVICE - THOMAS J. DIX - PARKS,
RECREATION, AND COMMUNITY ENHANCEMENT (MAY 2019 - MAY 2021)
Mr. Anderson read the following Certificate into the record:
CERTIFICATE OF APPRECIATION
presented to
THOMAS J. DIX
Parks, Recreation and
Community Enhancement Committee
May 2019 - May 2021
The City of Dover extends sincere appreciation for your public service.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 5
On behalf of members of Council, Mr. Anderson presented Col. Thomas J. Dix with the Certificate
of appreciation for the years and service he provided.
PUBLIC HEARING/FINAL READING - ORDINANCE #2021-12
A public hearing was duly advertised for this time and place to consider proposed amendments to
Appendix B - Zoning, Article III - District Regulations, Section 17 - Shopping Center Development,
Subsection 17.33 - Regional Shopping Center (SC-3) Permitted Uses.
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-12 be acknowledged by
title only, seconded by Mr. Hare and unanimously carried. (The First Reading of the Proposed
Ordinance was accomplished during the Council Meeting of May 24, 2021.)
Mr. Dave Hugg, Director of Planning and Community Development, reviewed Proposed Ordinance
#2021-12. He informed members that the Planning Commission recommended adoption of the
ordinance.
Responding to Mr. Rocha, Mr. Hugg stated that it was a text amendment that was going to be an
addition to the way the Dover Code is already set up. He noted that it adds additional warehousing,
distribution, and logistics uses as permitted uses. Mr. Hugg advised that if a store decided to rent
space in the mall, they could continue to do their retail and all the other functions. He stated that if
the Dover Mall attracts new vendors, that facility could easily continue to be used for retail purposes.
Responding to Mr. Boggerty regarding the differences between Macy’s and Sears, Mr. Hugg advised
that the Macy’s store was an established retail store and still had a retail function, albeit not walk in
and buy things off the floor, but it is part of a retail chain that allows people to pick up and return
items to the store. He stated that the Sears store ceased operations and there was no retail component
there, but if Sears were to re-establish a retail presence, they could operate in the same manner.
Council President Sudler declared the public hearing open. There being no one present wishing to
speak, Council President Sudler declared the public hearing closed.
Mr. Hare moved for adoption of Proposed Ordinance #2021-12, as recommended by the
Planning Commission. The motion was seconded by Mr. Neil and, by a unanimous roll call
vote, Council adopted Ordinance #2021-12, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter Appendix B - Zoning, Article 3 - District Regulations, Section 17 - Shopping Center
Development, Subsection 17.33 - Regional Shopping Center (SC-3) Permitted Uses of the Dover
Code be amended to read as follows:
17.3 Permitted uses.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 6
17.33 In a regional shopping center (SC-3), [the following are permitted uses:]
1. All retail, office, personal service, recreational and institutional
facilities, warehousing, transshipment and distribution, and logistics
support, which can be shown to be needed, and which will have no
adverse effect on adjacent land uses.
ADOPTED: JULY 12, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-13 -
REZONING REQUEST FOR PROPERTY LOCATED AT 4 MIFFLIN ROAD, OWNED BY
PETER F. AND BONNIE S. REIDY
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 4 Mifflin Road, consisting of one parcel (1.248 +/- s.f.), owned by Peter F. and
Bonnie S. Reidy. The property is currently zoned CPO (Commercial Professional Office Zone),
subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited Central
Commercial Zone), subject to the COZ-1 (Corridor Overlay Zone). (Tax Parcel:
ED-05-076.09-01-11.00-000; First Council District; Planning Reference: Z-21-04).
Council President Sudler reminded members of the public that copies of the proposed ordinance
were available at the entrance of the Council Chambers or on the City's website at
www.cityofdover.com under "Government."
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-12 be acknowledged by
title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of May 24, 2021.)
Planner's Review
Mr. Dave 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 vote resulted in a four to four tie, with one member absent. Mr. Hugg
advised that Planning Commission members raised some concerns regarding access to the property.
He noted that the Planning Staff recommended approval of the C-2A zoning.
Responding to Mr. Rocha, Mr. Hugg stated that there were not specific discussions of the fact that
the property is already commercially zoned. He noted that in 2012 the property might have been
zoned residential or it was rezoned to a commercial classification and the land use classification is
Limited Intensity or Low Intensity Commercial Activity, of which any number of these zoning
classes are appropriate. He advised that the key difference was that C-2A allows a broader array of
service and traditional commercial than CPO, which is a more of a limited commercial zoning and
district.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 7
Responding to Mr. Rocha, Mr. Hugg stated that the CPO zoning is more of an office residential zone
as opposed to a zone that would allow retail facilities and service businesses. He noted that in the
land use classification system in the Comprehensive Plan they tried to make a distinction between
the intensity levels of commercial activity.
Responding to Mr. Rocha regarding a proposed carwash, Mr. Hugg advised that he had not received
any specific information. He noted that the ordinance was for a rezoning, not a site plan or building
permit process where more specific details are provided.
Mr. Lindell advised that they were only looking at the proposed rezoning, but he wanted to make
sure that it was not a Trojan Horse situation and he could see the concerns with traffic and
environmental impacts.
Responding to Mr. Lindell, Mr. Hugg advised that if they approved the new zoning they would not
be forced to accept site plans and that the zoning classification allows a variety of activities. He
stated that the carwash was given as an example of what they were currently thinking about, but there
is a process for site planning and development and they were not locked in by virtue of the zoning
decision.
Responding to Mr. Taylor, Mr. Hugg stated that a traffic study would be issued by the Delaware
Department of Transportation (DelDOT). He noted that if DelDOT determines that a traffic study
is necessary they would require that as a condition of a later site plan. Mr. Hugg stated that because
both roads involved are State roads, they would be the ones who were responsible for determining
what kind of access, where it would occur, whether it would be limited to rights in or rights out.
Mr. Hugg advised that the red light configuration would also be a DelDOT requirement and
condition since it is a state road.
Responding to Mr. Taylor, Mr. Hugg advised that he shared Mr. Lindell and Mr. Taylor’s concerns,
but the actual use is a list of plans that could occur at this point. The owners could come back at a
later date if they explored putting in an automated carwash and have determined that an office use
or small retail store makes more sense. Mr. Hugg noted that it was also in the Corridor Overlay zone,
so there are a lot of requirements that limit how the development can occur relative to the roads,
setbacks, and access parking.
Responding to Mr. Rocha, Mr. Hugg advised that the properties adjacent to this site are zoned as
CPO and are owned by different people.
Public Hearing
Council President Sudler declared the public hearing open.
Mr. Jonathan Street, Becker Morgan Group, 309 South Governors Avenue, stated that he was
representing the equitable owner of the property and future developer. Mr. Street stated that they
have to design the access in accordance with DelDOT's rules and regulations. He noted that the
rezoning for the City has to meet three criteria, access to public facilities, in compliance with the
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 8
Comprehensive Plan and in keeping with the neighborhood itself. Mr. Street advised that they have
met all three criteria. He noted that City staff has recommended approval of the rezoning and there
is adequate public facilities currently there. Mr. Street stated that Forest Avenue is the growing
corridor from the west into the City.
Responding to Mr. Taylor, Mr. Street advised that the Dover/Kent County Metropolitan Planning
Organization (MPO) has not been involved yet because it is just a rezoning from the City. He noted
that the MPO gets involved with the site plan process.
Responding to Mrs. Arndt, Mr. Street stated that the degree of outreach to the community regarding
the proposal was just the standard public notice sent to properties within 200 or 300 feet of the
property itself. He noted that the City provides them with those addresses. Mr. Hugg advised that
Mr. Street indicated that the public notice that is required for the Planning Commission and Council
meetings were mailed on June 3, 2021 to everyone within 200-feet of the adjacent property. He also
noted that a sign was posted on the property on June 4, 2021 and the required legal ads were
published in the State News on June 4, 2021.
Mrs. Arndt stated that if all of the neighbors within that neighborhood knew about the proposal there
might have been more people attending the public hearing.
Mrs. Rose Harrison, 24 Mifflin Road, stated that a high volume business would add additional stress
to an already busy intersection that is regularly used by pedestrians of all ages, bicyclists, horses, and
motor vehicles. She noted that Dover's 2020 Bicycle and Pedestrian Plan includes Mifflin Road as
one of the impediments to safe pedestrian and bicycle travel in Dover and an additional high use
entrance close to the intersection would make safety more difficult for all who use the intersection.
Mrs. Harrison noted that adding a C-2A service or storefront to the intersection would be
inconsistent with surrounding properties and they are also concerned about other impacts the carwash
or other C-2A establishments would have on the neighborhood, such as light and noise pollution,
and potentially making the neighborhood less desirable. She urged that the zoning remain CPO.
Mr. Street stated that pedestrian and bicycle safety are paramount in DelDOT’s review. He noted
that he did not see them getting out of any kind of bicycle or intersection improvements and that the
property developers pay for all of the improvements.
Responding to Mr. Sudler, Mr. Street stated that when they are looking at corridors or keeping up
with the neighborhood itself, they are at the western end of the City and as the City grows west, they
are going to expect some of its services and infrastructure to grow west as well.
Mr. Joseph Malloy, 34 Mifflin Road, stated that he has been a mail carrier in the City for six years
and one of the biggest problems he sees with the rezoning is that they kept mentioning low intensity
regarding traffic. He noted that every car wash he has delivered to in Dover always has a line going
out the carwash onto the surface streets. Mr. Malloy noted that around the evening the area backs
up quickly and if they add another business on the corner, there was no way for him to be able to get
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 9
out of his property in a safe manner without somebody spotting him out of his driveway. Mr. Malloy
expressed concern with the amount of noise that a carwash or another similar business could bring.
Responding to Mr. Sudler, Mr. Malloy stated that he was completely against the rezoning.
Responding to Mr. Anderson, Mr. Street stated that they were not approached by the owner, but were
approached by the equitable owner of the property. He noted that the property was up for sale, but
he did not believe all three properties were included in the sale.
Responding to Mr. Taylor, Mr. Street stated that the best case timeline if the applicant hired them
to do the site plan would probably be a year to 14 months.
Responding to Mr. Rocha, Mr. Street advised that the only information that he has regarding the
carwash is that it would be an automated pass-through type of carwash with limited staff with
self-service vacuum functions on the outside, opened from dawn to dusk. He noted that there was
no site plan developed for it.
Responding to Mr. Hare, Mr. Street, referring to the Mifflin Road rezoning map provided by the
Becker Morgan Group, advised that the two purple properties displayed were the same zones as they
were proposing. Mr. Hare stated that without any approval the following could be put on the
property: a funeral home, professional office, medical office, storefront, church, daycare center,
private club and public facility. He stated that he would rather have a carwash than some of those.
Responding to Mr. Hare, Mr. Street stated that the site plan process would not come back to Council,
but it still had to go to the Planning Commission at a public hearing and the Planning Commission
had the ability to deny the application. He noted that there was nothing definite that says they would
want to put a carwash there.
There being no one else present wishing to speak, Council President Sudler declared the hearing
closed.
Mr. Anderson moved for approval of the rezoning request, as recommended by Staff. The motion
was seconded by Mr. Lindell.
Responding to Mr. Rocha, Mr. Hugg advised that the site plan process does require City Council
approval, but it does go through the Planning Commission and they would be required to hold a
public hearing. He advised that if they did not rezone it, the site plan would not come back to City
Council.
Responding to Mrs. Arndt, Mr. Hugg stated that in some degree the CPO zoning was a less intensive
zone, but there are different uses allowed in certain zoning districts, so it is not always a question
of comparing apples and apples. He noted that certain districts were designed to allow a particular
kind of activity that may or may not be allowed in an equally intensive district.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 10
Mrs. Arndt stated that in keeping with the residents, the adjacent neighbor's concerns and what they
expressed with the future use of the parcel, and seeing that their property is currently zoned CPO and
that property is zoned CPO, the proposed zoning was not consistent with the adjacent area.
Responding to Mr. Boggerty, Mr. Rodriguez stated that they were strictly looking at the rezoning.
Mr. Anderson moved for approval of the rezoning request, as recommended by Staff. The motion
was seconded by Mr. Lindell and, by roll call vote of five yes (Anderson, Boggerty, Hare, and
Lindell) and five no (Neil, Arndt, Rocha, Taylor and Sudler), the motion for approval of the rezoning
request failed.
RESCHEDULING OF PUBLIC HEARING/FINAL READING OF PROPOSED
ORDINANCE #2021-14 -REZONING REQUEST FOR PROPERTY LOCATED AT 1617
FORREST AVENUE, OWNED BY DRAPER FARM PROPERTIES, LLC
A request was received to rezone property located at 1617 Forrest Avenue, consisting of 5.04 acres,
owned by Draper Farm Properties, LLC. The property is currently zoned R-10 (One Family
Residence Zone) subject to the COZ-1 (Corridor Overlay Zone) and the requested zoning is C-2A
(Limited Central Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The First
Reading of the ordinance was accomplished during the Council Meeting of May 24, 2021.
Council President Sudler advised members that they received a request from the applicant to
postpone the public hearing and final action to August 9, 2021.
Mr. Anderson moved to postpone the public hearing and final action to the August Council
Meeting. The motion was seconded by Mr. Neil and unanimously carried.
ADOPTION OF MINUTES - SPECIAL CITY COUNCIL MEETING OF JUNE 28, 2021
The Minutes of the Special Council Meeting of June 28, 2021 were unanimously approved by
motion of Mr. Hare, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR CITY COUNCIL MEETING OF JUNE 14, 2021
The Minutes of the Regular Council Meeting of June 14, 2021 were unanimously approved by
motion of Mr. Hare, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - JUNE 29, 2021
The Council Committee of the Whole Meeting was held by video conference on June
29, 2021 at 6:00 p.m., with Council President Sudler presiding. Members of Council
present via video or telephone were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare,
Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Civilian members present for
their Committee meetings were Mr. Contant (arrived at 6:02 p.m) and Mr. Shevock
(arrived at 6:09 p.m.) (Legislative, Finance, and Administration).
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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Discussion - Fiscal Year 2021 Audit Program (Lori Peddicord,
Controller/Treasurer)
Ms. Lori Peddicord, Controller/Treasurer, reviewed the background and analysis
regarding the Fiscal Year 2021 Audit Program.
Responding to Mr. Rocha, Ms. Peddicord stated that the audit service is put out to
bid every couple of years in order to solicit a new set of eyes and costs to review the
City's systems. She advised that this was the last year of the current award period and
that for Fiscal Year 2022 there could be a new auditor.
Responding to Mr. Taylor, Ms. Peddicord stated that if the auditor finds a
discrepancy they bring it to staff's attention and in most cases they need to review the
City's policy, procedure, or internal control process. She advised that the auditor
would also go out in the field to see what other municipalities, governments, and
state entities are doing and they give suggestions from time to time. Ms. Peddicord
noted that the auditor keeps the City in line with any generally accepted accounting
standards (GASB) implementations that change and new accounting practices. She
stated that there are not disputes with the auditor, but they may suggest that the City
change a process.
Responding to Mr. Anderson, Ms. Peddicord stated that GASB are the guidelines that
govern how transactions are processed and reported on.
Mr. Hare moved to recommend approval of staff's recommendation to accept
the audit program. The motion was seconded by Mr. Neil and unanimously
carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
National Council on Agricultural Life and Labor Research Fund, Inc. (NCALL)
Restoring Central Dover Community Renewal Plan - Request for American
Rescue Plan Act (ARPA) Funds (Will Grimes, Director of Operations, NCALL)
Ms. Karen Speakman, Executive Director, Ms. Chanda Jackson, Community
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 12
Engagement Specialist, Mr. Will Grimes, Neighborhood Revitalization Coordinator,
and Ms. Patricia Kelleher, Real Estate Development Director with National Council
on Agricultural Life and Labor Research Fund, Inc. (NCALL) reviewed their request
for American Rescue Plan Act (ARPA) funds.
Responding to Mr. Contant, Ms. Jackson stated that the $100,000 requested for
public health would be used to hire another staff member that would be more
intentional about targeting specific individuals, providing case management services,
and ensuring the service delivery of the professionals are adequate enough so that
people can be successful, rather than duplicating services offered by other groups
fighting the opioid problems in the City.
Responding to Mr. Contant, Ms. Jackson stated that the new staff member would
conduct training for behavioral health specialists and would be a counselor/case
manager working with clients directly. She advised that NCALL currently had an
opioid outreach specialist who was working on training with Delaware State
University (DSU) and Bayhealth. Ms. Jackson noted that by bringing on another staff
member it would allow them to expand what they were currently doing.
Responding to Mr. Contant, Ms. Jackson stated that they were in the process of doing
research, identifying best practices, looking at what other States were doing, and
service delivery and how it impacts the success rate among the population being
looked at. She advised that NCALL had funds from Healthy Communities Delaware
for additional support.
Mr. Contant asked that if NCALL were to come back and request this funding that
they provide an idea of how the money would be spent for each of the four line items
presented to include what the return would be, whether it was a program already in
existence, and provide multiple examples of the long-term positive impact that it
would have. He advised that this would help in determining where the money would
be best used.
Responding to Mr. Taylor, Mr. Grimes stated that Capitol School District was a
partner because it was within their target area, however, they were moving into
workforce development because it was something brand new for NCALL. He advised
that Solid Rock Community Center had become a testing site with over one thousand
certification credentialing courses, and they would like to get scholarships for people
in the community to be able to take advantage of the courses. Mr. Grimes noted that
in the first year they were targeting 10 to 20 young adults age 16 to 24 for a pilot
program. He stated that the courses cost anywhere from $400 to $4,000 and they
wanted to use the platform they had in place to take advantage.
Mr. Anderson stated that he had asked that the NCALL presentation be limited to 10
minutes and have a broader scope and that details could be sent to staff for further
analysis.
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Mr. Sudler moved to recommend referral of this item to staff for qualifications
of the supplemental American Rescue Plan Act (ARPA) appropriation. The
motion was seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
North Bradford Street - Street, Sidewalk and Tree Plan (Phase 1) (Sharon Duca,
Public Works Director)
Ms. Sharon Duca, Public Works Director, reviewed the background and analysis
regarding the North Bradford Street - Street, Sidewalk and Tree Plan (Phase 1).
Responding to Mrs. Arndt, Ms. Duca stated that the Public Works Department had
gone door-to-door that morning with flyers that were also posted to the website,
DoverTV, and Facebook, and spoke to residents that had called in with questions to
inform them of the public meeting on July 7, 2021.
Responding to Mrs. Arndt, Ms. Duca stated that they would be accepting comments
after the meeting on July 7th. She advised that Public Works would need more
one-on-one interaction with the property owners as they looked at alternatives which
would be best suited for each location. Ms. Duca noted that she expected the meeting
on July 7th would be a preliminary meeting to go over what was being looked at
to-date and to hear the voices of the public as to what they were looking for.
Responding to Mrs. Arndt, Ms. Duca confirmed that Public Works intended to
modify the plan included in the packet and present it again.
Ms. Kesha Braunskill, Urban and Community Forestry Program Director, Delaware
Forest Service, advised that she met with Ms. Duca to discuss the project and look
at alternatives for tree preservation considering the health of the tree, disease, canopy
health, decay, and then making recommendations for the protection of those trees.
She noted that they also encouraged replacement of trees in a more suitable place.
Mrs. Arndt moved to recommend that staff continue to develop a plan for North
Bradford Street paving and curbing with input from Delaware Forest Service
Professionals and the public. The motion was seconded by Mr. Rocha and
unanimously carried.
By consent agenda, Mr. Hare moved for approval of the Committees’ recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
City Manager Search
Mr. Hare reviewed the process used for the last City Manager Search in 2020.
Mr. Sudler stated that he was prepared to name the individuals he had selected for the
City Manager Search Committee if approved.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 14
Mr. Lindell asked when the meeting was held to discuss the process presented.
Mr. Hare moved to recommend that the Council President appoint a City
Manager Search Committee to bring their suggestions and recommendations
to City Council for approval. The motion was seconded by Mr. Neil and carried
with Mr. Lindell voting no.
This item was removed from the Consent Agenda and was acted upon during the latter part
of the meeting.
Selection of Interview Committee for City Manager and City Clerk
Mr. Sudler recommended the appointment of Council members Tricia K. Arndt,
Andre M. Boggerty, William F. Hare, Gerald L. Rocha, Sr. (Chair), and Mayor Robin
Christiansen, and Mrs. Kim Hawkins, Human Resources Director, to serve on the
Interview Committee for the City Manager and City Clerk.
Mr. Neil moved to recommend acceptance of the appointments to the Interview
Committee for the positions of City Manager and City Clerk, as recommended
by Council President Sudler. The motion was seconded by Mr. Taylor and
unanimously carried.
This item was removed from the Consent Agenda and was acted upon during the latter part
of the meeting.
Mr. Neil moved for adjournment of the Legislative, Finance and Administration
Committee meeting, seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 7:38 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Strategies for a Safer Dover (Councilman Ralph L. Taylor, Jr)
Mr. Taylor, Police Chief Johnson, and Ms. Chanda Jackson, Community Engagement
Specialist, NCALL, reviewed the strategies for a Safer Dover presented at the Police
Chief's Advisory Committee Meeting on June 22, 2021.
Chief Johnson provided the following statistics:
• There was a 60% drop in homicides within the City of Dover from January
1st to June 15th, 2021 compared to the same period in 2020.
• There was a 17% drop in robberies.
• There was a 32% drop in sexual assaults.
• There was a 15% drop in aggravated assaults.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 15
• There was an 18% drop in crimes where someone points a weapon or fires a
weapon at someone.
• There was a 56% drop in reckless endangerment.
• There had been no damage to property by firearm in the current year, a 100%
drop from four (4) incidents in 2020 to none in 2021.
• 57 firearms had been taken off the street, which was 40 more than the same
period in 2020.
Ms. Jackson provided the following information regarding the Police Chief's
Advisory Committee:
• The committee had been focusing on learning more about the departments
and had a presentation from the different units at each meeting.
• They had discussed the police hiring process, the municipal police academy
program and its curriculum, field orientation, training, the role of psychology
in training, drug and burglary investigations.
• The meeting was open to the community and comment and feedback was
received regarding the mobile substation in addition to the Group Violence
Intervention (GVI) initiative coming forward.
• There was now a youth focus group of the Police Advisory Committee from
Dover High School.
Mr. Taylor discussed the following regarding the Police Chief's Advisory Committee
Meeting on June 22, 2021:
• Reverend Theodore Henderson from Interdenominational Ministerial
Alliance of Dover and Vicinity (IMA) had discussed a comprehensive
marketing strategy to market Dover as safe, clean, welcoming, and inclusive.
• A gun buyback program was discussed.
• Chief Johnson provided a presentation and strategy on approaching gang
violence.
• Under Restoring Central Dover, Ms. Jackson had scheduled a meeting of the
Police Chief's Advisory Committee on July 1, 2021 to include Manchester
Square, Derby Estates, and Willis Road and to jumpstart the work they would
begin in those areas.
• Mr. Taylor scheduled another meeting of the Police Chief's Advisory
Committee on July 7, 2021 at Liberty Court in the multi-purpose room.
Mrs. Arndt and Mr. Neil advised Mr. Taylor that the July 7, 2021 meeting would
conflict with the North Bradford Street Rehabilitation Project Community Meeting
scheduled for the same day and time so they would be unable to attend.
Police Chief Johnson discussed the following regarding Group Violence Intervention
(GVI):
• It is a national program closely associated with gang violence.
• It was brought to Delaware through the office of the Governor and it had been
in place in Wilmington for over two years.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 16
• The basic premise of GVI is to target the identified less than 1% of
individuals doing the majority of violent crimes in a given area in partnership
with the Department of Corrections and other state level social services
agencies with relevant data and give them options.
• The first option is to accept services that will address some of the challenges
they face that leads to violent behavior.
• The second option is that if help is declined, law enforcement focuses on that
individual in a constitutional right to identify their behavior and address it
with arrest and incarceration.
Mr. Hare moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:07 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mrs. Arndt and unanimously carried.
Meeting adjourned at 8:07 p.m.
By consent agenda, Mr. Hare moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
MONTHLY REPORTS - MAY 2021
By motion of Mr. Hare, seconded by Mr. Neil, the following monthly reports were accepted
by consent aged:
City Assessor's Report
City Council's Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Police Chief's Report
PROPOSED CANCELLATION OF AUGUST MEETINGS
Council President Sudler recommended the cancellation of the Regular Council Meeting of Monday,
August 9, 2021 and the Council Committee of the Whole Meeting of Tuesday, August 10, 2021.
Mr. Hare moved to cancel the Regular Council Meeting of August 23, 2021 and the Council
Committee of the Whole Meeting of August 24, 2021. The motion was seconded by
Mr. Anderson and unanimously carried.
CITY MANAGER SEARCH/SELECTION OF INTERVIEW COMMITTEE FOR CITY
MANAGER AND CITY CLERK
Mr. Lindell stated that he was under the impression that when the City Manager Search was listed
on the Council Committee of the Whole agenda of June 29, 2021, that there would be more
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 17
discussion. He noted that he had suggestions. The first suggestion was what Council President Sudler
already recommended, keeping the committee members that were named in place as the official
initial search committee, but he noted that he would like to see two civilian members added.
Mr. Lindell recommended Mr. Dana Shelton and Mr. Jonathon Contant. He advised that they both
had a lot of knowledge and would bring an outside perspective and the benefit of not having to
necessarily consider the political piece.
Mr. Lindell advised that he knew there was some apprehension about the head hunter approach but,
given the circumstances, they were getting free services and the City should run the operation but
retain the Mercer Group in an advisory capacity as they have already paid for the service. He noted
that the only thing that they were on the hook for was expenses incurred, which they were going to
be incurring those with the committee that they have.
Mr. Lindell moved to approve Council President Sudler's recommendations for the initial search
committee, with the additions of Mr. Shelton and Mr. Contant, if they were willing to serve in that
capacity, and also retaining the Mercer Group in an advisory capacity only, at the discretion of
Chairman Rocha. The motion was seconded by Mrs. Arndt.
Mr. Taylor stated that he thought the idea of adding Mr. Shelton and Mr. Contant was brilliant, but
he did not agree with the motion to include consultants. He requested that the motion be broken up
so that they could decide separately.
Mr. Lindell stated that Mrs. Kim Hawkins’, Human Resource Director, memo stated that with the
circumstances of the early departure of Mr. Randy Robertson, former City Manager, they could
retain the Mercer Group for any expenses incurred, which they would already be incurring in their
own search process. Mr. Lindell noted that it was not his intention to have a head hunter, but if they
have already paid for the service they might as well take advantage of it, if they choose.
Mr. Anderson advised that a division of the question would allow a separate vote on both. He stated
that the first part of the question would be the appointees to the Search Committee and the second
part would be the Mercer Group. Mr. Anderson stated that he agreed with Mr. Lindell regarding the
Mercer Group and that there had been a misunderstanding of what their role was, which was to get
the City more quality resumes, which they did.
Mr. Anderson moved for division of the question, seconded by Mr. Lindell.
Mr. Hare stated that he was not impressed by the Mercer Group and that he thought Mr. Contant and
Mr. Shelton were great people, but he did not want to have private citizens coming in to help
influence who Council hires.
Mr. Lindell stated that he would expect everyone on that committee to look at every application,
because it is not the consultant that lives in the City. He noted that both Mr. Contant and Mr. Shelton
were members of City committees.
Mr. Rocha stated that as the Chair of the Interview Committee for City Manager and City Clerk, he
was open to the suggestions that Mr. Lindell put forward, but that it was ultimately their decision
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 18
whether they have civilians or not.
Mrs. Arndt asked if the civilians would have to sign a disclaimer or legal document to address
confidentiality issues and if their input would be a recommendation or would they be able to vote.
Responding, Mr. Lindell stated that he would imagine they would sign agreements to not disclose
information, just like Council signs a document not to disclose executive session information. He
noted that since this was the initial committee everyone should have some type of say.
Mr. Hare stated that he had no problem with having civilians on the committee, but when it came
time for the Committee to make a recommendation to City Council, he did not want them to vote.
Responding, Mr. Lindell stated that he had no issues with that as long as they were in the process
and got to ask questions and have input.
Mr. Sudler expressed his concerns regarding the skill sets of the civilians. He asked if they had
Human Resource or Public Administration expertise. Mr. Sudler stated that he did not agree with
the addition of non-Council members.
Responding to Mr. Sudler, Mr. Anderson stated that Mr. Contant had a Master’s of Public
Administration from the University of Delaware, but he was not sure of Mr. Shelton’s background.
Mr. Lindell noted that Mr. Shelton had a business background and was a retired teacher.
Mr. Lindell called the question, seconded by Mrs. Arndt and unanimously carried.
The motion to include civilian members, Mr. Jonathan Contant and Mr. Dana Shelton, on the
Interview Committee for City Manager and City Clerk was carried by a roll call vote of six yes
(Anderson, Neil, Arndt, Rocha, Taylor and Lindell) and three no (Boggerty, Hare, and Sudler).
The motion to use the Mercer Group as an advisory group, if needed, was carried by a roll call
vote of seven yes (Anderson, Neil, Hare, Arndt, Rocha, Taylor, and Lindell) and two no
(Boggerty and Sudler).
INTERIM CITY MANAGER’S ANNOUNCEMENTS
Mr. Matthew Harline, Interim City Manager, provided the following announcements:
• A memorandum would be sent to staff that week in response to the Governor’s repeal
of the State of Emergency. They would be requiring masks by staff in public meetings
if they were not vaccinated although they were not going to require staff to present proof
so it will be on an honor system. They will encourage the public to wear masks if they
have not been vaccinated.
• In small meetings there will be no guidance, but they will encourage staff to get
vaccinated
• They will remind staff that there is no COVID leave and all leave is standard leave.
• They are going to allow staff to get two and a half hours of administrative leave to
volunteer for the Innovative Readiness Training (IRT) event during work to try and
provide support as necessary, as long as their supervisor can spare them.
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CITY COUNCIL MEETING OF JULY 12, 2021 PAGE 19
• They are going to work on a one-year pilot program allowing staff to take volunteer fire
calls while on duty for the Dover Fire Department/Robbins Hose Company as they are
allowed, as long as it does not interfere with operations.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson encouraged those who need basic medical, dental, and eye care screenings to look at
the City’s Facebook page or his own Facebook page for more information. He stated that IRT and
the Central Delaware Partnership for Hope will have a Dover Healthcare Blitz, which is going to be
important to changing the healthcare needs in the City.
Mr. Taylor thanked the citizens of Liberty Court, Mr. Anderson, Mr. Boggerty, and Mayor
Christiansen for their meeting.
Mr. Hare, noting that the Council Committee of the Whole meetings start at 6:00 p.m., suggested
changing the start time for City Council meetings to be earlier than 7:30 p.m.
Mr. Neil moved for adjournment, seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 10:18 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 12, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\07-12-2021 REGULAR.wpd
Exhibits
Exhibit #1 - First District Report submitted by Mr. Rocha
Exhibit #2 - Photos of water issues around the Second District submitted by Mr. Taylor
Exhibit #3 - Fourth District Report submitted by Mr. Anderson
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EXHIBIT #1
Regular City Council Meeting of 07/12/2021
THE COUNCIL PRESIDENT’S DISTRICT
&
MAYOR’S REPORT INSTRUCTIONS
Council District 1:
District 1 City Council Representative’s Report by [Gerald L. Rocha Sr.]
Priority Level:
High
Issue:
On June 14, 2021, @ 3:02 p.m., Ms. Teri McNellis, 316 Loftland Drive (Cannon Mills
Development) expressed a concern, as a regular pedestrian who frequently walks the area, that
she sees young adolescents walking to Dover High from the Leander Lakes area which has no
pedestrian crossing on Dover High Drive. She also pointed out the four-way stop on Tribbett St,
Loftland Dr, and Paradee Dr not having a pedestrian cross walk either. Another concern is the
speed limit on Dover High Dr, which is currently 35 mph. She suggests it should be lowered to
25 mph. There is a map attached to help show the area and the projected cross walks.
Prevailing Status:
Currently, Ms. Duca dispatched engineering staff to investigate. They will be referencing the
Manual on Uniform Traffic control Devices (MUTCD) regarding the crosswalk request.
Additionally, the city is only responsible for Dover High Drive from the southern entrance to
Leander Lakes to Tribbett Street Extension. Staff is researching who is responsible for the
northern section. It is critical to know if DelDot will be involved in any of these areas. More
info to follow.
Recommendation:
1. District 1 Representative, Councilman Rocha, continue to follow up with Ms. Duca to
keep informed of the status of engineering staff investigation and their recommendations
to communicate to constituent McNellis.
2. Other Recommendations-Etc.
Paj 21
EXHIBIT #2
Regular City Council Meeting of 07/12/2021
Paj 27
EXHIBIT #3
Regular City Council Meeting of 07/12/2021
THE COUNCIL PRESIDENT’S DISTRICT
&
MAYOR’S REPORT INSTRUCTIONS
Council District 4:
District 4 City Council Representative’s Report by [David L. Anderson.]
Priority Level:
High
Issue:
Dealing with a continuum of criminal activity. Well known complaints on S. New Street and Reed Street,
vacant, vandalized and squatter occupied and alleged drug property on S. Governor’s Ave by the Dept of
Justice and state owned now disrupting the Dance Studio across the street, to three shootings in three
weeks, one of 4 people on S. New Street, one in Woodcrest Apts. and one a couple of doors from my
house.
Prevailing Status:
Chief Johnson is implementing a comprehensive strategy of street crimes unit, partnerships with other
agencies, increased summer patrols and community policing. Results show a positive trend which are
lower than last year, but still above the 5-year median level.
Recommendation:
1. Support expeditious and full implementation of the community policing strategy.
2. Aid in restarting COVID stalled neighborhood watch groups in the area, partnering with
Restoring Central Dover/NCALL
3. Follow up on NGO services being brought to the area.
4. Pursue requesting State of Delaware demolish the vacant buildings aforementioned.
5. Give COVID bonus raises to Cadets to become more competitive with wage increases.
Questions
1. What is the schedule for community service and mental health aid?
2. What is the level of increase in foot and car patrols in the area? Can they be more visible?
3. Can technology assist our Police Department, is President Biden correct that ARP money could
help purchase the technology?