Transcript: Regular City Council Meeting
Monday, October 12, 2026
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Showing 164 of 164 statements
Fred A. Neil
You have before you this evening's agenda. I'll entertain a motion for its adoption.
Play from 00:02Fred A. Neil
It's moved and seconded. Uh any discussion? All in favor, please say aye. Any opposed? Hearing none, the motion passes.
Play from 00:07Fred A. Neil
The consent agenda. You have before us the evening's 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, at which event the matter shall be removed from the consent agenda and considered as a separate item. What is the pleasure of council?
Play from 00:16Fred A. Neil
It has been moved and seconded for the consent agenda. Madam Clerk, please call the roll.
Play from 01:00Fred A. Neil
Uh the motion passes. We now have proclamations: Indigenous Peoples' Day, and invite Mayor Christiansen, members of the Lenape Indian tribe to the podium for the presentation, and request the City Clerk to read the proclamation into the record.
Play from 01:15City Clerk
Proclamation. Whereas, the City of Dover acknowledges that the land on which we live and work is part of the ancestral homeland of the Lenape Indian people who have stewarded these lands for thousands of years; and whereas, the Lenape Indian, also known as the Delaware people, are the indigenous inhabitants of Delaware
Play from 01:35City Clerk
and the surrounding region, and their enduring presence, traditions, and cultural contributions remain vital to our shared history; and whereas, indigenous peoples continue to enrich our community through leadership, service, scholarship, art, and advocacy, advocacy, sorry,
Play from 02:12City Clerk
carrying forward the resilience and spirit of their ancestors; and whereas, Indigenous Peoples' Day is an opportunity to honor the Lenape Indian and all indigenous nations past, present, and future while recognizing their their sovereignty, wisdom, and deep connection to the land; and whereas, the City of Dover is committed to fostering understanding, respect, and reconciliation by acknowledging the original inhabitants of this land and celebrating the diversity of indigenous cultures; and now therefore, I, Robin R. Christiansen, Mayor of the City of Dover, Delaware, do hereby proclaim October 12th, 2026 as Indigenous Peoples' Day in the City of Dover, and encourage all residents to recognize and celebrate the Lenape Indian and all indigenous peoples for their invaluable contributions to our history and community.
Play from 02:24Robin R. Christiansen
Chief, before I present you the proclamation, in the Lenape tradition, when you get a compliment, it requires someone else to speak. So Mr. Rocha will take the pictures, then, Chief, we're glad to have you.
Play from 03:24Dennis Coker
Yes, good evening. Good evening everyone. Um we once again are here to accept this proclamation, and we are in celebration not only of of today being Indigenous Peoples' Day, but we're in celebration of House Bill 365 that was passed by the State of Delaware, uh giving, creating, in their, a step to create an Indigenous Peoples' Commission, uh which gives us a voice in in our government, uh in our state, and it is um such an honor that we're being able to make steps toward being recognized once again, and being, you know, getting some of the things that um we have uh strived for and dream of. We look forward to more, and we have, you know, other things in plans that we will be recognized in a proud fashion. Thank you.
Play from 03:37Fred A. Neil
Halloween trick-or-treat. I invite the fun Mayor of Dover, Robin Christiansen, to the podium for the presentation, and request the City Clerk to read a proclamation into the record.
Play from 05:32City Clerk
Proclamation. Whereas, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween trick-or-treat custom, emerging from their homes as ghosts, witches, princesses, cartoon characters, caped crusaders, or action heroes, and traveling with friends and family door-to-door throughout the neighborhood to gather treats; and whereas, children ages 12 and under may participate in trick-or-treating in small groups, ages will be strictly enforced; parents must accompany their children throughout their journeys in celebrating Halloween trick-or-treat; motorists are urged to drive with extra caution and to be ever-watchful for our youngsters making their rounds; and whereas, it is requested that residents indicate their willingness to welcome children by keeping their porch or exterior lights on, and that youngsters call only on the homes that are lit; now therefore, I, Robin R. Christiansen, Mayor of the City of Dover, Delaware, do hereby proclaim that the Halloween trick-or-treat observance to be held on Saturday, the 31st day of October, 2026, between the hours of 6:00 p.m. and 8:00 p.m. in the City of Dover, and urge all residents, both young and old, to make this a happy and safe occasion for our children.
Play from 06:12Fred A. Neil
Thank you, Mr. Mayor. Final reading of proposed ordinances. The first reading of proposed ordinances was accomplished during the City Council meeting of September 28th, 2026. The ordinances are available at the entrance of the City Council Chambers, or on the city website at www.cityofdover.com under government. First, I'll entertain a motion to consider the final readings by title only. A separate motion will be necessary for each adoption. What is the pleasure of council?
Play from 07:39Fred A. Neil
It has been moved and seconded. Any discussion? Hearing none, all in favor say aye. Any opposed? Pass.
Play from 08:28Fred A. Neil
Uh the Ordinance 2025-19, adoption of the 2024 ICC codes. Uh request David Naylor, uh the ICC certified master code professional, to brief the members on this ordinance.
Play from 08:34Jason Osika
Good evening, Mr. Mayor and Council. Jason Osika, Deputy Director of Emergency Management, Fire Marshal. Mayor, Council, thank you. Excuse me. Matt Brown worked hard on this. Special thanks to Matt. He's at a Delaware flight console. He had a vacation. Um this lets just give some insight ahead of time. My time here, this is the third time we've proposed a new code, and it's the first time it's made it to the floor. So a lot of hard work went into that. Um in short, uh this replaces the city's 2009 building code with the 2024 editions of International Building Code, Residential Code, Existing Building Code, Property Maintenance Code, Fire Code, and Swimming Pool and Spa. The Energy, Mechanical, Plumbing, and Fuel Gas work stay under statewide codes that the city already enforces. The old ICC performance code is repealed. Projects already under active design may finish under the prior code if the owner elects the path and can document the same. Um there were two items that uh Matt wanted to be clear, and and staff as a whole. Uh the first is tiny houses. The ordinance adopts the Residential Code Appendix that sets construction standards for tiny houses. This is a building standard only. It does not create the right to place a tiny house or accessory dwelling unit anywhere zoning does not already allow it. Use, density, lot sizes, parking still have to meet Dover zoning requirements in that uh zoning ordinance. Residential sprinklers, uh there was a little bit of discussion uh last time at Council Committee. The 2024 Residential Code sprinkler section is adopted as published, and it applies to newly constructed one- and two-family dwellings and townhouses. An existing house is not required to be retrofitted with sprinklers just because the city is adopting this code. Due to the last meeting, there is a possible amendment within the packet. Uh a motion was made for a possible amendment that would not require an existing residence to retrofit sprinklers if 50% or more was met. Any new addition would have to have sprinklers installed. However, there would be no requirement to add them to the existing structure. Other local items stay in place and are tightened: flood floors at base flood elevation plus 18 inches, child daycare path brought to 12 children in one-family dwellings if state licensing and zoning are met, clear permits for extra uh spray strip booths. That's everything in a nutshell. We really wanted to point out those two.
Play from 09:18Brian E. Lewis
Yes, sir. Um the only issue I have, uh so question I have is when you say 'addition', so if I put, someone puts an addition on their house, a new addition, they're going to be required to put those sprinklers in that new addition, like an added-on room?
Play from 12:15Jason Osika
So if we adopt the 2024 as we propose it, the only way you would have to add sprinklers is whenever 50% renovations. The amendment that was added, if you choose to take that tonight, was if you're at 50%, the only area that would be needed is that addition, not the entire residence. That was based on the Council Committee.
Play from 12:29Jason Osika
So 50%, if you have a 1,000 square foot house and went to 1,500, then you're hitting that 50%.
Play from 13:11Brian E. Lewis
I got an issue with that. Can't support it. Um the other concern I have has to do with cost, because this is all going to trickle down on the buyer, because you're going to be requiring the builders now to put these sprinklers in the new homes. I understand it has to do with material, but, you know, why don't we enforce the uh the material, you know, and require the builders to have, you know, better fire material uh instead of like letting, you know, out cheap material and have these sprinklers now, uh because again, it's going to fall down on the buyer and it's going to increase the cost of the home. And I got a couple phone calls, you know, after this was first introduced, uh with people that are furious over that. So that's where I stand on the residential sprinkler part.
Play from 13:15Jason Osika
So, um the code council as a whole, uh keep in mind, everything's a package. Everything comes together when it comes to codes. Um what we're dealing with now is lightweight construction, so that obviously is less of a cost. That code takes into consideration the reason they're allowing that is because residential sprinklers are required. So if you take the sprinkler component away, you're so you can't trade off for heavy construction uh because they're already with lightweight, it brought costs down. So it's a balance factor there for code and for costs. But I understand your concerns.
Play from 14:13Andre M. Boggerty
Yes, I have a few questions. Thank you for acknowledging me, too. Hypothetically, if I'm planning to finish my basement, which would add um feet to my home, is, if I finish my basement, does that count? If I if I turn my basement into usable space?
Play from 14:39Andre M. Boggerty
So, based on your square footage, if it's a 2,000 square foot house and you're adding 1,000 of livable area, then yes, it it would impact. Would I have to put sprinklers in my home, in my basement?
Play from 15:19Andre M. Boggerty
Second, then then there's this um, and and I I'm trying to see, I want to stay aboveboard. For example, hypothetically, if I'm doing something and I need to bring street sprinklers, and from my current experience, the water underground, I I have to pay to increase the width. If my house is in one of those areas where I have to pay to tear up the ground to increase the width and will cost me for the water sprinklers, does that come, fall onto me, too?
Play from 15:34Jason Osika
So it would, but I think you're thinking more of commercial projects. So uh commercial projects, basically bring in an 8-inch waterline supply. 2-inch goes to domestic, 6-inch goes to your sprinkler. Um with residential, um the code has already taken into account the cost factor, so you can run off a residential line. It wouldn't be...
Play from 16:23Andre M. Boggerty
So I don't have to tear up, I don't have to dig lines hypothetically?
Play from 16:36Jason Osika
Just like the sprinkler lines, um you'll see steel in commercial structures where you can use CPVC in residential structures, so it's come a long way on making it affordable.
Play from 16:41Andre M. Boggerty
So if so if someone gets a permit to redo their basement, um that person pulling that permit will have to account for square footage and then an additional cost for sprinkler and only to the just just the basement, or will it be the whole house, correct?
Play from 16:48Fred A. Neil
Any other questions? Hearing none, what is the... Yes, Councilman Anderson.
Play from 17:33David L. Anderson
Yes, and I I move uh for the adoption of the committee amendment which would protect um people who are making renovations to existing houses from having to uh retrofit the entire old structure, which particularly with our older buildings, could could be impossible. Um so I I move that we adopt the committee amendment.
Play from 17:45Roy Sudler, Jr.
So just to be clear, you're saying with we're gonna potentially adopt the 2024 ICC codes, but amending that portion so that residents don't have to incur the cost of adding a sprinkler system to the entire house?
Play from 18:34David L. Anderson
Uh yes. Uh basically, what the if we did discuss in committee what the idea is if the if the if it's triggered with the new construction, but trying to retrofit, um like instance, a home like mine, 125 years old, uh plaster walls and the like, you you just aren't going to be able to retrofit it. It's just off the wall. You would have to tear down the other three walls and just rebuild the whole thing. I mean, it would make make it impossible.
Play from 18:50Brian E. Lewis
So, uh, permission to dialogue with Anderson. So are you insinuating that that it completely and totally waived where, um, it will not be required to put a sprinkler system in an addition, uh, to a new room or a renovation of a basement? Is that what you're insinuating?
Play from 19:46David L. Anderson
Uh, thank you, um, Mr. President. Thank you Council for asking that. The answer is no. You would still be required to, if you build something new, it has to be to the new code. However, it just would not trigger changing your existing your your existing residential structure. Um, you know, what you're building new, if it only and by the way this only triggers if it's above the 50% threshold. Okay. But if it's a, but if, if it, once you cross that 50% threshold, you have to have the new code. But the problem, but, but the problem with the way it's currently written, uh, it, it would trigger for the whole building, which would mean, um, like if, so you're doing the basements, and you have a one-story house with a basement, when that finished basement increases it by 50% it would trigger for the whole house. Um, and that's what with this amendment prevents. It's, it's a protection for, it's a protection for the people, um, who are, who are trying to actually improve and update their properties.
Play from 20:07Brian E. Lewis
I, I think personally, I, I don't think if you own a 20, 25-year-old house and you put an addition on, I don't think you should be required to put in a sprinkler system on your addition or renovation to your basement or attic, whatever it may be. But that's how I feel. That's why I'm not supporting it.
Play from 21:32Gerald L. Rocha, Sr.
Can you even just add, like let's say it's an additional room or whatever, is it even possible to put a sprinkler system in just one section without doing the whole house?
Play from 21:55Robin R. Christiansen
Yes, uh, Jason, you're familiar with uh some sprinkler heads that have been, uh, sweated into domestic water to cover areas that needed to be covered, right? And, but it is not a costly a costly proposition, but there is a mechanism to sweat into domestic water, uh, sprinkler heads to do what needs to be done if it's required.
Play from 22:17Fred A. Neil
Any additional questions? Okay. Uh, what is the, I call for the vote at this time. And this is on the amendment. This is changes it so that it is not in the whole house, but only if the the new addition is 50% of the of of the rest of the building. All in favor, do we have to have a roll call vote?
Play from 22:46Fred A. Neil
Uh, one opposed, and one absent, therefore, it passes. Now, we come to the, uh, then, the the ordinance, uh, 2025-19. What is the pleasure of Council on the amended version?
Play from 23:24Fred A. Neil
And it's been moved and seconded. Any discussion? Yes, Councilman Anderson.
Play from 23:48David L. Anderson
Thank you, Mr. President. Uh, I wanted to congratulate the staff on this. Uh, some of the previous codes, not because of the staff, because of the way they were written, um, were not very friendly to the average flaws in them. And I think the life safety is a huge job, improvement of 2024, and, uh, I, I think that it's a good change, that it will help our city against many issues, including, uh, CBD facilities, which were not protected in the other, and it's protected in this, and that will prevent, will protect affordable housing, and make it continue to remain cheaper. The, the sprinkler issue, like, uh, it's a huge issue, and it's a huge cost. I know people, I've had constituents, call and say they had a, they have an older, they have an older home, but we also have, they don't get the, they can't, they're not required to fight this. And taking two, uh, and uh, and that, and, I think, um, you have, they have, and they have made documents of what they have required, and this, in time, might, might be I don't like it. And, what um, be the problem with this thing, with the amendment, I will, I will support this. Um, but I've heard concerns. I happen to agree with the, uh, why the people have expressed their concerns. And, um, without the amendment, because I did not, oh, I would not be able to support this ordinance without this amendment. Thank you.
Play from 23:54Brian E. Lewis
No. And I want to give a brief statement. I'm voting no because of the burdensome cost to homeowners in this town that will, in the long run, be forced, and uh it will be costly, so I think they're um, they are uh they deserve to be helped with this, and not be put with more costly improvements, so I'll leave it at that.
Play from 26:59Fred A. Neil
Wait, what? Wait wait. Absolutely. Sorry, Councilwoman Hall. This is a biggie! It's number 18, ordinance number 2026-14, data center moratorium. I request, uh, Councilwoman Hall to brief members on this ordinance. Didn't mean to cut you off.
Play from 27:40Donyale M. Hall
Mayor, fellow members of council, proposed ordinance number 2026-14 establishes an immediate moratorium on the acceptance, processing, and approval of applications for new large energy facilities, data centers. For clarity, the only change made since the first reading is the addition of a specific definition of data center. No other substantive provisions of the ordinance have been changed. The ordinance is intended to give the city sufficient time to develop comprehensive regulations addressing the location and construction of these facilities, their demands on the city's electrical and public infrastructure, their effect on utility ratepayers, and their broader impacts on public welfare. During the moratorium, the city would not issue permits, approve site plans, rezonings, conditional uses, or subdivisions, enter into utility service agreements, or other or issue certificates of occupancy for newly covered facilities. Pending applications deemed complete before the ordinance takes effect would be stayed, subject to limited exceptions requiring council approval. The ordinance exempts government facilities, hospitals, universities, public safety facilities, certain limited expansions by existing industrial users, routine maintenance, existing telecommunication facilities, qualifying clean energy facilities, and public utility infrastructure. Most importantly, this ordinance provides the city with an opportunity to study electrical capacity, transmission, and substations, system reliability, infrastructure needs, cost allocation, demand charges, standby power, and protection against stranded costs being passed on to existing ratepayers. This is a temporary and responsible measure designed to protect Dover's residences, businesses, utility customers, infrastructure, and future economic development opportunities while the city establishes clear and comprehensive standards. I respectfully ask for the council support for proposed ordinance number 2026-14. Thank you.
Play from 28:07Brian E. Lewis
I don't have a question, I just have a statement. Uh, I'm going to support your moratorium as well as I indicated. But, um, let the record reflect that I do not support data centers coming into the city of Dover. Some may think that, oh, it'll be great because it'll bring in jobs and stuff, but, uh, I think otherwise. And the statistics and the facts are out there. Um, to me, uh, the environment, people's health, uh, our infrastructure is more important than jobs, say. Uh, and that's all I have to say. Thank you.
Play from 30:30Fred A. Neil
Any other questions? Seeing no other hands, then what have a request in the pleasure of Council to adopt this? Yes, Councilman Anderson.
Play from 31:04David L. Anderson
Thank you, and I would love for the councilwoman who reached to make the motion. I yield to Councilwoman Hall.
Play from 31:17Donyale M. Hall
Councilwoman Hall. I move that we accept the proposed ordinance 2020-16 I'm sorry, 2026-14 as uh as read.
Play from 31:28Fred A. Neil
And it has been seconded. Any other questions? If not, uh, Madam Clerk, please call the roll.
Play from 31:42Sharon Duca
Good evening, everyone. First of all, the water main replacement project on Division Street in Kirby Alley has finished and is anticipating to begin street restoration later this month. Our water system flushing operation is still progressing on schedule, alerts will continue to be posted on the city's website and Facebook page. Uh, EDIS, general contractor for the Dover Family Family Center, will be starting up with precast concrete deliveries on October 14th, which deliveries are expected to start on October 15th. The delivery route includes units, uh, extending from Division Street to Bradford, turning onto Bradford, and entering and unloading off of Bradford Street at the facility's tower, and then they will be turning, exiting Bradford Street onto Water and then Street. This will continue from, uh, the October until the end of November. Deliveries will occur from 7:00 a.m. to 3:00 p.m. Monday through Friday. Staff is also working with contractors to seek solutions to repair the sluice sluice gate at Silver Lake Dam. This will not cause any particular flood, any flooding concerns at all. Uh, flyers were hand-delivered to residents about the delay of lowering the water level of Silver Lake to allow for repairs. On October 14th, we're also having a workshop on clean energy in Dover, that will be held at the Dover Public Library from 4:30 to 6:30 p.m. And, as a reminder, yard waste operations are starting on October 13th. Thank you.
Play from 32:16Robin R. Christiansen
Mr. President, thank you. Um, I'm just going to remind, uh, the, uh, members of Council and the citizens, uh, that that there is a planned Veterans Day parade on November 7th to honor our veterans, uh, here in the community, so be on the lookout for information for that. Thank you, Mr. President.
Play from 34:17David L. Anderson
Thank you, Mr. President. We have, um, I want to thank, uh, members of the Fourth District for coming to, uh, the town hall conversation, uh, that Dr. Sudler and I hosted. We had a very good discussion, and and I want to thank, uh, the Dover Police for sending, uh, two officers and having a good presence and also taking, you know, some questions. And that was, so, so much appreciated. We had great for, thanks for, concerned for safe for, safe behavior that's, false, that's here and concerns about, residents and, easily, uh, in the, like the, Walker, build, uh, cancel some stuff like that. So, uh, I'm glad, that, uh, they sent another full, uh, to the, uh, picture, shown, uh, about that reach, which would be, uh, you know, we hope that the construction, and, and the other big thing, is that, uh, we look forward, some people are looking at the possibility of a petition, uh, for, a traffic, um, announcement, uh, on the, on the work that's going to be done on the new garage is going to be discussing the contract in the near future. Uh, the DDP has sent out an announcement.
Play from 34:53Fred A. Neil
I requested that it be put on the city website. If anybody's concerned about what's happening, that will appear on the website. And with that, this meeting is now adjourned.
Play from 36:29