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Page 1
Regular City Council Meeting Agenda
April 27, 2020 - 7:30 p.m.
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link:
https://cityofdoverde.webex.com/mw3300/mywebex/default.do?siteurl=cityofdoverde&service=6
Event number/Access code: 717 879 730
Event password: DOVER (if needed)
Invocation
Pledge of Allegiance Led by Councilman Anderson
Adoption of Agenda
* Consent Agenda
Those items on the Council Agenda which are considered routine and non-controversial shall be
marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There
will be no separate discussion of these items unless a member of Council so requests, in which event
the matter shall be removed from the Consent Agenda and considered a separate item.
* 1. Adoption of Minutes
A. Special Council Meeting of January 22, 2020 (VDBO)
B. Special Council Meeting of February 10, 2020
C. Regular Council Meeting of April 13, 2020
2. Presentation - 2019 Downtown Dover Partnership Annual Report
* 3. Quarterly Revenue Report (Staff recommends acceptance of the report)
4. Annexation Request - 679 Horsepond Road, Owned By JACJIM, LLC
5. Discussion - Strategy to Reopen the City
6. City Manager’s Announcements
7. Council Members’ Announcements
8. Adjournment
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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
Page 2
Council Agenda - April 27, 2020 Page 2
Executive Session Pursuant to:
29 Del. C. §10004(b)(2) - Preliminary discussions on site acquisitions for any publicly funded capital
improvements, or sales or leases of real property;
29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an
attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open
meeting would have an adverse effect on the bargaining or litigation position of the public body;
29 Del. C. §10004(b)(6) - Discussion of the content of documents, excluded from the definition of "public record"
in §10002 of this title where such discussion may disclose the contents of such documents;
29 Del. C. §10004(b)(9) - Personnel matters in which the names, competency and abilities of individual employees
are discussed, unless the employee requests that such a meeting be open
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
Page 3
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on January 22, 2020 at 6:03 p.m. with Council President Hare
presiding. Council members present were Mr. Neil, Mr. Slavin, Mr. Polce, Mr. Taylor (arrived at
6:08 p.m.), and Mr. Lindell. Mr. Anderson, Mr. Sudler, and Mr. Cole were absent.
Mayor Christiansen was also present.
Council staff members present were City Solicitor Rodriguez, Mr. Hugg, and Mrs. McDowell.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Slavin and unanimously carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 115 NORTH KIRKWOOD STREET, OWNED BY
JOE W. BURDEN, JR.
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 115 North Kirkwood Street, owned by Joe W. Burden, Jr.
Mr. David Hugg, Director of Planning and Community Development, reviewed the background and
analysis as follows: The property is a wood, one-story, single-family home. On May 9, 2016, the
dwelling was registered as vacant by City Staff. On January 10, 2019 an exterior inspection was done
by Code Enforcement Staff. The dwelling was condemned as unfit for human occupancy on
October 1, 2019 due to the owner failing to make repairs. Currently the home is vacant with
numerous outstanding code violations and no active utilities. On December 20, 2019 the owner
obtained a permit for roof and siding. Additional permits will be required for interior renovations,
plumbing, and windows.
Mr. Hugg also reviewed a presentation depicting the condition of the property (Exhibit #1).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished or repaired with a certificate of occupancy issued
by March 25, 2020 by the owners or equity owners at their own risk; 3) ordering the Building
Inspector to cause the demolition of the structures if not completed by the owners within 10 days of
the date established by City Council; and 4) ordering the City Manager, with the assistance of the
City Solicitor, to cause the cost of demolition to be charged against the lands on which the buildings
exist as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to
be levied as a special tax, or to be recovered in a suit at law against the owners.
Mr. Hugg advised that Mr. Burden initiated some work to try and repair this property and has
indicated his desire to take the necessary actions to bring the building into compliance. He noted that
they were finding in a number of properties, and this one in particular, that even though these
properties have a history that goes back a number of years, building owners are willing to make a
last ditch effort to save their buildings. Mr. Hugg stated that Mr. Burden did this on a property on
Division Street not very long ago when Council allowed him a 90-day period to get the building to
code compliance, which he did. He advised that Staff would be willing to accept a short period of
time for Mr. Burden to complete his building permits if Council were so inclined.
Page 4
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 2
Mr. Polce, noting the number of times that this specific owner has appeared before Council regarding
his dangerous buildings, stated that he would not be inclined to provide additional time.
Mr. Slavin noted that the Staff recommendations listed on the agenda were contrary to those
presented on the slides. He also stated that his issue was not with Mr. Burden in particular, although
he seems to be someone who comes before them quite often, but it is with anyone who allows their
property to come before them under the violations of dangerous building ordinance for Council
action because it is beyond the 11th hour. Mr. Slavin noted that they have allowed people to have
hundreds of opportunities to remediate the problem and do what every other citizen in this
community does, which is keep their properties up.
Mr. Slavin noted three concerns, as follows:
• That they are giving people more time and allowing them to come right to the edge and
giving them an audience in front of Council. The property owners come in and yell at
Council or criticize them for being unfair and then Council backs down and gives them more
time.
• Any vote to delay the recommended action is a vote of no confidence in their own
Inspections Department Staff, who are asked to go out and do very, very difficult work for
the City. Council sometimes takes the recommendations, but sometimes they think they
know better because they have turned past the property or looked at the pictures that are in
the packets.
• If Council members want to delay action on these properties there should be a motion that
says they believe the residents of their districts should live in these conditions.
Mayor Christiansen stated that he concurred with Councilman Slavin's remarks and advised that he
asked the City Planner to develop a different process that removes the politics from the dangerous
building ordinances, such as a board comprised of Staff and other professionals so that they are not
politically engaged in whether these buildings rise or fall.
Mr. Hugg noted that Staff recommended additional time in this particular case because there were
active permits on this property. Otherwise, the amount of time given is 30 days.
Mr. Taylor stated that he wanted to support both Staff and the property owner solely because there
are active permits and due to the fact that there is a shortage of affordable housing in the City.
However, they have encountered the same individual time and time again and this property should
have been repaired a long time ago so he supports Staff in their recommendation to go forward.
Council President Hare declared the public hearing open.
Ms. Carmen Hardcastle, 121 North Kirkwood Street, advised that she lives right beside the property
and it has been an issue and she has been advocating for it to be demolished. She noted that although
nothing had been done, she supports Mr. Burden because he has been making repairs to the property
in the last two weeks, including a new roof, carpets, and flooring.
Page 5
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 3
Ms. Seminel Abdullah, 203 North Kirkwood Street, advised that she lives across the street from the
property and she was very pleased with the way it looks to the public side. She stated that
Mr. Burden was doing a great job repairing the houses and that they look better than some of the
houses on the street.
Responding to Mr. Slavin, Ms. Hardcastle stated that she owns the property that she lives in and
Ms. Abdullah stated that she rents from Sharon Mosley.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Neil clarified that if they approved Staff’s recommendation and the house was completed by
March 25, 2020, it would not be demolished.
Mr. Slavin moved to accept Staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished or repaired
with certificate of occupancy issued by March 25, 2020 by the owners or equity owners at their
own risk; 3) order the Building Inspector to cause the demolition of the structures if not
completed by the owner within 10 days of the date established by City Council; and 4) order
the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be
charged against the land on which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owner. The motion was seconded by Mr. Neil and
unanimously carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 726 SLAUGHTER STREET, OWNED BY
JOE W. BURDEN, JR.
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 726 Slaughter Street, owned by Joe W. Burden, Jr.
Mr. David Hugg, Director of Planning and Community Development, reviewed the background and
analysis as follows: The property is a wood, one-story, single-family home. On August 5, 2019, the
City's Fire Marshal's Office condemned the dwelling due to fire damage. Currently the home is
vacant with no active utilities and there are no active permits.
Mr. Hugg also reviewed a presentation depicting the condition of the property (Exhibit #2).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by February 24, 2020 by the owners or equity
owners at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures
if not completed by the owners within 10 days of the date established by City Council; and
4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of
demolition to be charged against the lands on which the buildings exist as a municipal lien or cause
such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owners.
Page 6
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 4
Responding to Mr. Polce, Mr. Ron Coburn, Acting Chief Code Enforcement Officer, stated that the
fire occurred on August 2, 2019.
Council President Hare declared the public hearing open. There being no one present wishing to
speak, Council President Hare declared the public hearing closed.
Mr. Slavin moved to accept staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished by
February 24, 2020 by the owner or equity owner at their own risk; 3) order the Building
Inspector to cause the demolition of the structures if not completed by the owner within 10
days of the date established by City Council; and 4) order the City Manager with the
assistance of the City Solicitor to cause the cost of demolition to be charged against the land
on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner. The motion was seconded by Mr. Neil and unanimously carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 309 MACARTHUR DRIVE, OWNED BY
BRITTANY A. WILLIAMS
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 309 MacArthur Drive, owned by Brittany A. Williams.
Mr. David Hugg, Director of Planning and Community Development, reviewed the background and
analysis as follows: The property is a wood, two-story, single-family home with a basement. On
February 22, 2019, the dwelling was condemned by the City's Fire Marshal's Office due to fire.
Currently the home is vacant with no active utilities. On January 7, 2020, a permit was applied for
for residential renovations.
Mr. Hugg also reviewed a presentation depicting the condition of the property (Exhibit #3).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished or repaired by February 24, 2020 by the owners or
equity owners at their own risk; 3) ordering the Building Inspector to cause the demolition of the
structures if not completed by the owners within 10 days of the date established by City Council; and
4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of
demolition to be charged against the lands on which the buildings exist as a municipal lien or cause
such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owners.
Council President Hare declared the public hearing open.
Mr. Dallas Glass, 1638 Thicket Road, Wyoming, Delaware, advised that he was the contractor for
the property owner, Ms. Brittany Williams. He noted that they had been in negotiations with the
insurance companies since February 2019. Mr. Glass stated that the insurance company agreed a
month ago to the overall scope of work which they had set forth and they have an agreed upon
amount. He noted that they have submitted four permits with the City of Dover.
Page 7
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 5
Mr. Glass stated that they had done some demolition in the house to determine the necessary repairs.
He advised that only the top, from the roof down to the top plates of the first floor, required repair
and that they have incorporated plans to bring the home up to the current code, which would include
egress out of the basement, electrical upgrades and things of that nature.
Mr. Slavin asked why there were no utilities at the property for the past four years. Responding,
Ms. Williams advised that the utilities were not terminated until after the house fire in 2019.
Ms. Kimmy Taylor Tolson, former address 309 MacArthur Drive, advised that she resided there at
the time of the fire and the utilities were on.
Ms. Williams advised that she had worked with three different insurance company adjusters and they
have finally come to some sort of resolution within the last month. She noted that was the delay in
addressing the structure.
Responding to Mr. Neil, Ms. Williams stated that she had not contacted the City to let them know
what was happening in regard to the property because she travels often for work and she was
unaware. She advised that she had never experienced a house fire before and that she recently
inherited the property and was not caught up on all of the ins and outs of different processes,
especially a house fire.
Mr. Taylor advised that he and Mr. Glass had done work together in the past and that they have a
very good working relationship. He noted that Mr. Glass has been consistent with everything that
he has said he was going do in the past, and he had no doubt that he would this time.
Responding to Mr. Taylor, Mr. Glass stated that he had a signed contract to fix the property and that
once they receive the permit from planning and are able to start work, it would be approximately
six months from start to a certificate of occupancy. He advised that they had adequate funds to move
forward and had ordered trusses and have Aztec from Clayton scheduled to do the asbestos removal.
Mr. Glass stated that Mr. Mike McGregor of the Inspections Department had approved the building
portion of the permit and he forwarded it to the Planning Department for review and approval.
Mr. Ron Coburn, Acting Chief Code Enforcement Officer, advised that they were waiting for
additional emergency egress information. He noted that it would probably take a week for Planning
to sign off on the permit and then they would be able to issue the permit right away.
Responding to Mayor Christiansen, Mr. Coburn stated that the damage to the building was probably
close to 50% because they are required to bring it up to code.
Responding to Mr. Slavin, Mr. Glass advised that the insurance funds had not yet been received;
however, there is a signed agreement with the insurance company and a copy of the contract with
the agreed upon amount was submitted to them two weeks ago. He assured members that his
intention was not to wait for the funds, but to begin work as soon as they receive the permit.
Mr. Slavin, noting the picture of the house with the blue tarp, asked what he was supposed to tell the
two neighbors whose properties were also in the photograph and who have lived with this as their
neighboring property for a year now. Responding, Mr. Glass noted that if they moved forward with
Page 8
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 6
the demolition it would leave them with the building in its current dilapidated state even longer and
then an empty lot longer than what it will take for them to rebuild the building as it currently sits.
Ms. Williams clarified that she grew up in this house and had lived there since the early nineties and
the neighbors were very familiar with her.
Responding to Mr. Polce, Ms. Williams stated that she had recently spoken with a lawyer who
advised her to contact the insurance commissioner's office. Mr. Polce stated that he would call the
insurance commissioner the following day.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Responding to Mr. Slavin, Mr. Coburn advised that the permit would be considered active for six
months without any activity on the site. If activity is going on it remains active.
Mr. Slavin asked if Staff would be comfortable if Council were to give a six-month window.
Mr. Dave Hugg, Director of Planning and Community Development, advised that they would.
Responding to Mr. Lindell, Mr. Coburn advised that the City had received complaints from the
neighbors regarding the length of time the property has remained in this condition. He noted that he
explains that there had been turnover in staffing, along with illnesses and pregnancies, and that it was
an oversight on Staff’s part. Mr. Lindell advised that they need to establish tight deadlines.
Mr. Taylor moved to delay action for six months after the issuance of the permit and if there
is no activity on the permit for the period of six months after the issuance, the matter will be
brought back for consideration. The motion was seconded by Mr. Neil and unanimously
carried.
Mr. Hugg advised that they would be doing periodic inspections for the plumbing, electric, and
trusses.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 749 OAK DRIVE, OWNED BY ALLEN AND
CHRISTINE BARNHART
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 749 Oak Drive, owned by Allen and Christine Barnhart.
Mr. David Hugg, Director of Planning and Community Development, reviewed the background and
analysis as follows: The dwelling unit is a wood one-story single family home with basement. On
November 1, 2019, the dwelling was condemned by the Fire Marshal's Office as unfit for human
occupancy due to a collapsed basement wall. On September 23, 2019, it was registered as a vacant
building. Currently the home is vacant, no permit has been applied for or issued to make the repairs
to the exterior basement wall.
Mr. Hugg also reviewed a presentation depicting the condition of the property (Exhibit #4).
Page 9
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 7
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished or repaired by February 24, 2020 by the owners or
equity owners at their own risk; 3) ordering the Building Inspector to cause the demolition of the
structures if not completed by the owners within 10 days of the date established by City Council; and
4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of
demolition to be charged against the lands on which the buildings exist as a municipal lien or cause
such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owners.
Mr. Taylor advised that he had been inside of this building and it was his opinion that it was beyond
repair. He noted that the basement wall is totally collapsed in the rear and there is excessive mold.
Mr. Taylor noted that it was caused by an act of nature and was not the fault of the homeowners.
Council President Hare declared the public hearing open and, with no one present wishing to speak,
the public hearing was closed.
Mr. Taylor moved to accept staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished or repaired
by February 24, 2020 by the owner or equity owner at their own risk; 3) order the Building
Inspector to cause the demolition of the structures if not completed by the owner within 10
days of the date established by City Council; and 4) order the City Manager with the
assistance of the City Solicitor to cause the cost of demolition to be charged against the land
on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner. The motion was seconded by Mr. Neil and unanimously carried.
Mr. Slavin moved for adjournment, seconded by Mr. Lindell and unanimously carried.
Meeting adjourned at 7:01 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of January 22, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
Page 10
SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 8
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Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 115 North Kirkwood Street
Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 726 Slaughter Street
Exhibit #3 - Presentation - Violation of Dangerous Building Ordinance - 309 MacArthur Drive
Exhibit #4 - Presentation - Violation of Dangerous Building Ordinance - 749 Oak Drive
Page 11
EXHIBIT #1
Special Council Meeting of 01/22/2020
Violation of Dangerous
Building Ordinance
115 N Kirkwood St
Planning & Inspections Department
Dover, Delaware
January 22, 2020
Page 12
115 N Kirkwood St
Case History
➢ 26 code enforcement cases since 2015
➢ Structural report requested January 01, 2019
➢ Tall grass and weeds, junk and debris in yard
➢ Several reports of the dwelling being unsecured
➢ Complaints from neighbors of condition
➢ The utilities were terminated on November 26,
2014
➢ Registered as vacant by the city on May 09, 2020
➢ Condemned as unfit for human occupancy on
October 01, 2019
Page 13
115 N Kirkwood Street
Code violations
➢ From the inspection that occurred in 2019.
➢ Provide Structural Report
➢ Replace roof
➢ Repair foundation wall
➢ Electrical inspection required/restore electric
service
➢ Clean interior through-out
Page 24
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
⚫ (1) Leaning interior walls
⚫ (2) Damaged walls, etc.
⚫ (3) Loads on roofs
⚫ (5) Unfit for habitation
⚫ (6) Light, air, sanitation
⚫ (9) General welfare
⚫ (10) Code violations
⚫ (12) Unoccupied buildings
Page 25
Recommended Council Action
⚫ Declare this building and all accessory structures on this
property dangerous.
⚫ Order the property demolished or repaired with Certificate of
Occupancy issued by March 25, 2020 by the owner or equity
owner at their own risk.
⚫ Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of
the date established by City Council.
⚫ Order the City Manager with the assistance of the City
Solicitor to cause the cost of demolition to be charged against
the land on which the building exists as a municipal lien or
cause such cost to be added to the tax duplicate as an
assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owner.
Page 26
EXHIBIT #2
Special Council Meeting of 01/22/2020
Violation of Dangerous
Building Ordinance
726 Slaughter Street
Planning & Inspections Department
Dover, Delaware
January 22, 2020
Page 27
726 Slaughter Street
Case History
➢ 12 code enforcement cases since 2015
➢ Numerous interior code violations found during the last
housing inspection which was in October 15, 2018.
➢ Tall grass and weeds
➢ The utilities were terminated on August 4, 2019
➢ Registered as vacant by the city on December 4,
2019
➢ Condemned as unfit for human occupancy on
August 2, 2019
Page 28
726 Slaughter Street
Outstanding Fees
➢ VBO Registration Fees $375.00
Page 29
This Structure is Declared Unsafe For
Human Occupancy or Use.
It is Unlawful F to Use or
Occupy This Building After orpy11 •
Any Unauthorized Person Removing This Sign
WILL BE PROSECUTED
Code 2009IPMC Ari. 108 Sec. 108 .1 1
'/•Z •/f
Dote Refer to Ordinance No.
..
VII SECTION 22 221
Page 40
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(4) Fire damage, etc.
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 41
Recommended Council Action
⚫ Declare this building and all accessory structures on this property
dangerous.
⚫ Order the property demolished by February 24, 2020 by the
owner or equity owner at their own risk.
⚫ Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of the
date established by City Council.
⚫ Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 42
EXHIBIT #3
Special Council Meeting of 01/22/2020
Violation of Dangerous
Building Ordinance
309 MacArthur Drive
Planning & Inspections Department
Dover, Delaware
January 22, 2020
Page 43
309 MacArthur Drive
Case History
➢ 7 code enforcement cases in 2019
➢ Tall grass and weeds
➢ Unregistered vehicle
➢ The utilities were terminated on February 7, 2016
➢ Registered as vacant by the city on August 12,
2019
➢ Condemned as unfit for human occupancy on
February 22, 2019
Page 44
309 MacArthur Drive
Outstanding Fees
⚫ Grass Citation $100.00
⚫ Water/Sewer/Utilities $355.73
Page 45
309 MacArthur Drive
Code violations
➢ Building is condemned as unit for human
occupancy due to fire damage
Page 47
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Page 57
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(4) Fire damage, etc.
(5) Unfit for habitation
(6) Light, air, sanitation
(9) General welfare
(10) Code Violations
(12) Unoccupied Buildings
Page 58
Recommended Council Action
⚫ Declare this building and all accessory structures on this property
dangerous.
⚫ Order the property demolished by February 24, 2020 by the
owner or equity owner at their own risk.
⚫ Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of the
date established by City Council.
⚫ Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 59
EXHIBIT #4
Special Council Meeting of 01/22/2020
VIOLATION OF DANGEROUS
BUILDING ORDINNACE
749 Oak Drive
Planning & Inspections Department
Dover, Delaware
January 22, 2020
Page 60
749 Oak Drive
Case History
➢ 4 code enforcement cases since 2018
➢ Condemnation
➢ Vacant Building
➢ The utilities were terminated on November 2, 2018
➢ Registered as vacant by the city on September 23,
2019
➢ Condemned as unfit for human occupancy on
November 1, 2019
Page 61
749 Oak Drive
Exterior code violations
➢ Structural report required; repairs made in
accordance to report
➢ Repair windowpanes
➢ Repair foundation wall
➢ Obtain building permit and all required
inspections for the repairs
Page 62
DANGd
This Structur is D clar Unsaf For
Human Occupancy or U .
It i Unlawful For Any P rson to U or
cupy Thi Building A r
Al I I II
Page 71
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(2) Damaged walls, etc.
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 72
Recommended Council Action
⚫ Declare this building and all accessory structures on this property
dangerous.
⚫ Order the property demolished or repaired by February 24, 2019
by the owner or equity owner at their own risk.
⚫ Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of the
date established by City Council.
⚫ Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 73
SPECIAL CITY COUNCIL MEETING
A Special City Council Meeting was held on February 10, 2020 at 8:56 p.m. with Council President
Hare presiding. Members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole,
Mr. Polce, Mr. Taylor, and Mr. Lindell. Mayor Christiansen was absent.
Council staff members present were City Solicitor Rodriguez, Mrs. Mitchell, and Mrs. McDowell.
At the conclusion of the Regular City Council meeting Mr. Slavin moved to recess into
Executive Session pursuant to 29 Del. C. §10004(b)(4) - Strategy sessions, including those
involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining
or pending or potential litigation, but only when an open meeting would have an adverse effect
on the bargaining or litigation position of the public body. The motion was seconded by
Mr. Polce and unanimously carried.
ADOPTION OF AGENDA
By unanimous consent, the agenda was adopted.
The Special Council Meeting recessed into Executive Session at 8:56 p.m.
The Executive Session adjourned at 9:23 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Legal Opinion on Property Transfer or Acquisition
During the executive session, members of City Council considered the deed restrictions placed on
the sale of the former Dover Public Library building.
Mr. Polce moved to assign the deed and the restrictions to the State of Delaware for the
property in question. The motion was seconded by Mr. Neil and unanimously carried.
Mr. Slavin moved for adjournment, seconded by Mr. Neil and unanimously carried.
The Special Council Meeting adjourned at 9:25 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of February 10, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\02-10-2020 SPECIAL COUNCIL MEETING - ES ACTION (PUBLIC) - Legal Opinion on Property
Transfer or Acquisiiton.wpd
Page 74
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on April 13, 2020 at 7:39 p.m. with Council President
Hare presiding. Council members present via video or telephone were Mr. Anderson, Mr. Sudler,
Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce, Mr. Taylor, and Mr. Lindell.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mrs. Mitchell, Mr. Hugg, and Mrs. McDowell. Mayor Christiansen was absent.
The invocation was given by Mr. Taylor, followed by the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Lindell and unanimously carried.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JANUARY 27, 2020
The Minutes of the Special Council Meeting of January 27, 2020 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor
Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 9, 2020
The Minutes of the Regular Council Meeting of March 9, 2020 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor
Christiansen.
EMERGENCY ORDINANCE #2020-06 WAIVING CERTAIN CHARTER, CODE, POLICY
AND PROCEDURE REQUIREMENTS DURING THE COVID-19 VIRUS STATE OF
EMERGENCY
Mrs. Donna Mitchell, City Manager, reviewed Emergency Ordinance #2020-06 Waiving Certain
Charter, Code, Policy and Procedure Requirements During the Covid-19 Virus State of Emergency.
Responding to Mr. Sudler, Mrs. Mitchell provided a sewer system issue as an example that the
ordinance could be applied to. She stated that due to the urgency, they would reach out to the
different contractors and find who could get the job done quickly. Mrs. Mitchell noted that it is what
they have done in the past when there has been an emergency situation.
Responding to Mr. Anderson regarding eliminating the section for monthly Council meetings,
Mrs. McDowell stated that the Charter requires that City Council meet not less frequently than once
each month. The Ordinance would allow them to forego having a meeting if actionable items were
not pending. Mr. Hare noted that the online meetings are an option if needed.
By motion of Mr. Lindell, seconded by Mr. Cole, Council, by a unanimous roll call vote,
adopted Emergency Ordinance #2020-06 retroactive to March 23, 2020 and with the
understanding that it would be revisited in 30 days, as follows:
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 2
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, the Governor of the State of Delaware, The Honorable John C. Carney, declared a State
of Emergency effective Friday, March 13, 2020, at 8:00 a.m. EST pursuant to provisions of Title 20,
Ch. 31 of the Delaware Code because of the public health threat from the COVID-19 virus restricting
public gatherings and, in particular, directing that public meetings of public bodies may be conducted
electronically rather than conducting open meetings to be attended by the public; and
WHEREAS, Sec. 9 of the Charter of the City of Dover provides that Council shall meet not less
frequently than once per month and it appears that regular meetings of Council cannot currently be
held electronically due to the many issues involved and the status of electronic means to allow
participation by members of the public; and
WHEREAS, it is the decision of Council to cancel all public regular meetings of Council in the
future until the State of Emergency is withdrawn and the declaration of the Governor no longer needs
to be enforced.
THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Dover:
1. After the regular meeting of Council to be held on March 23, 2020, which will be held to cover
essential issues that must be considered at the meeting, no further regular meetings of Council
shall be held until the threat to public health created by the COVID-19 virus has been resolved.
2. The authority for canceling future Council Meetings in violation of the Charter requirement is
provided in Title 20 of the Delaware Code, Sec. 3127(b ), which states that during a State of
Emergency, whenever the restrictions imposed pursuant to this chapter are inconsistent and in
conflict with those required by any other statute, local ordinance or regulation, the provisions of
the emergency order imposed pursuant to this chapter shall govern.
3. Therefore, the directive above referred to by Governor Carney does prevail and supersede Sec. 9
of the Charter requiring at least one meeting per month.
4. If the emergency provisions issued by Governor Carney are withdrawn, then regular Council
meetings will proceed as required by the Charter.
5. Passage of this ordinance canceling future regular meetings of Council impacts all of the actions
of departments and agencies of the City so that passage of this ordinance shall also apply to all
meetings, code requirements and deadlines of all departments and agencies of the City pending
resolution of the State of Emergency. Furthermore, the passage of this ordinance provides
Council authority to the City Manager to waive policies and procedures for business continuity.
ADOPTED: APRIL 13, 2020 (EFFECTIVE: MARCH 23, 2020)
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 3
AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN -
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES)
Mrs. Donna Mitchell, City Manager, reviewed the Proposed Budget Amendment to the 2019
Community Development Block Grant (CDBG) Action Plan with the Allocation Authorized by the
Coronavirus Aid, Relief and Economic Security (CARES) Act.
Responding to Mr. Anderson, Mrs. Mitchell stated she would have to check with Mrs. Tracey
Harvey, Planner/Community Development Block Grant (CDBG) Administrator, to see if Code
Purple is eligible. Mr. Polce suggested looking into eligibility for Hopes and Dreams, as well as
Peoples Place.
Mr. Anderson moved for adoption of the amendment, seconded by Mr. Neil.
Responding to Mr. Hare, Mrs. Mitchell stated that Kent County was not on the allocation sheet;
however, Dover, Wilmington, and New Castle County were included.
Mr. Anderson moved adoption of the amendment. The motion was seconded by Mr. Neil and
carried by a unanimous roll call vote.
POSTPONEMENT OF PUBLIC HEARINGS AND FINAL ACTION ON REQUESTS FOR
ANNEXATION/REZONING OF PROPERTIES LOCATED AT 1448 NORTH LITTLE
CREEK ROAD AND 1385-1389 MCKEE ROAD
Mr. Dave Hugg, Director of Planning and Community Development, provided background
information regarding the postponement of the Public Hearing and Final Action of requests for the
Annexation/Rezoning of the properties located at 1448 North Little Creek Road and
1385-1389 McKee Road.
Staff recommended postponement until new Planning Commission and City Council Public Hearing
dates could be scheduled upon the withdrawal of the State of Emergency.
Responding to Mr. Hare, Mr. Hugg stated that the next Planning Commission meeting will probably
be held electronically in anticipation of still being under quarantine. He noted that the normal
meeting would be May 18, 2020 and they were working with the Commission members. Mr. Hugg
stated they are also working with the Board of Adjustment and the Historic District Committee to
determine their capabilities to do an electronic meeting. Mr. Hugg advised that there were five
applicants who are in some stage of submission that would have otherwise come before the Planning
Commission in April or May. He noted that they are trying to orchestrate getting all of those people
together and that they will most likely have a virtual meeting no later than May 18, 2020.
Mr. Slavin encouraged Mr. Hugg to schedule meetings on consecutive days or to take advantage of
the daytime hours and hold these meetings, by May 18, 2020 or sooner, so that they can get through
the backlog.
Mr. Slavin moved for approval of Staff’s recommendation, seconded by Mr. Cole and
unanimously carried.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 4
CITY MANAGER’S UPDATE ON COVID-19 OPERATIONS
Mrs. Donna Mitchell, City Manager, provided the following update on COVID-19 Operations:
“The City posted the first notices of the Continuity of Government Plan on
March 20, 2020 explaining the changes in our services effective March 23, 2020 in
accordance with the Governors Executive Order for social distancing and essential
services.
All public buildings have been closed, and employees are in rotating crews to fulfill
public service needs. Where possible some employees are working from home. We
do have several employees quarantined and some without day care.
Leaf, brush, and bulk collection was suspended effective March 23, 2020 to focus on
the trash pick-up for public health reasons, with rotating staff to protect the crews.
Additional notices were advertised this past Thursday and Sunday.
Our plan is to maintain the suspension of these services, due to health reasons. We
have requested a bulk truck to attempt to pick up the brush that is in the roads for
emergency vehicles. We ask our residents to not put out brush or bulk until such time
the Governors Executive Order is withdrawn. The City at that time will publish
public notices for Spring Clean up and the re-establishment of our bulk pick up
schedule.
We have been adjusting our plans as we get new information. Customer Service has
opened the drive through window on Monday - Friday from 9 to 3. Today's service
was impacted with a breakdown in the mechanical components of the drive through
window. We have put in a service call. We asked our customers to use the drop box
in the meantime.
All Department Heads have been working hard and helping their staff where
possible. The Mayor has been in the office every day and helps to man the phones,
and assist with the fire service and feeding the volunteers.”
Responding to Mr. Sudler, Mrs. Mitchell stated that they have suspended bulk trash pick up. She
noted they have tried to focus on getting the trash itself picked up with the rotating crews. She stated
that they are going to have one employee switched from water/sewer to sanitation to try to get what
is in the streets picked up. Mrs. Mitchell noted that the intention is not to reestablish the service right
now, just to try to get what people have put out picked up because they did not get the notice timely.
Responding to Mr. Anderson, Mrs. Mitchell stated that she has been riding by and checking on the
public sanitation stations put out by the City and so far they have been doing really good. She noted
that she asked the Facilities Supervisor to let her know if there were any problems on the sanitation
side and that they are having them serviced three times a week. She was told by others that they have
actually seen lines for them.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 5
Responding to Mr. Anderson, Mrs. Mitchell stated they had a miscommunication with the parks, but
they are open now. She advised that the gates were not being opened, but they are now and that they
have had people ask about using the boat ramp because they want to go fishing. Mrs. Mitchell noted
that based on an idea that was provided by somebody, she asked Staff to shrink wrap the playground
equipment to discourage people from using it because of COVID-19's ability to adhere to those
surfaces. She noted that they bought bulk shrink wrap and were working on that.
Responding to Mr. Anderson, Mrs. Mitchell stated they were documenting those expenses for
reimbursement. She noted that they are documenting everything and have set up separate payroll
codes for employees who are being quarantined to track all of the time for possible reimbursement.
Responding to Mr. Sudler, Mrs. Mitchell stated that the basketball courts were a problem because
they were getting groups of people that were not social distancing. She was not sure if they took
down the nets or had to fix them in such a way that they could not get the balls through the hoops.
COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 10, 2020
The Council Committee of the Whole met on March 10, 2020 at 6:01 p.m., with
Council President Hare presiding. Members of Council present were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce (arrived at 6:22 p.m.), Mr. Taylor, and
Mr. Lindell. Mr. Slavin was absent. Mayor Christiansen was also present. Civilian
members present for and their Committee meetings were Mr. Caldwell and Col. Dix,
Retired, (Parks, Recreation, and Community Enhancement), and Mr. Contant and
Mr. Shevock (Legislative, Finance, and Administration). Mrs. Doyle (Utility) was
absent.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Evaluation of Bids - Puncheon Run Pump Station Improvements
Mr. Jason Lyon, Assistant Public Works Director, reviewed the background and
analysis regarding the evaluation of bids for the Puncheon Run Pump Station
Improvements.
Staff recommended awarding the contract to Kuhn Construction Company for the
City of Dover Puncheon Run Pump Station Improvement Project, Bid #20-0017PW,
for $732,200.
Mr. Neil moved to recommend approval of Staff's recommendation. The
motion was seconded by Mr. Anderson and unanimously carried.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 6
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Utility Committee meeting, seconded
by Mr. Neil and unanimously carried.
Meeting adjourned at 6:08 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Anderson requested the agenda be amended to switch item #2 - Presentation
from the Hope Commission and item #3 Review of Active Recreation Area Plans
(Request for Cash-in-Lieu) - 1504 and 1506 College Road (Planning Reference
#SB-20-01).
Mr. Hare moved for adoption of the agenda, as amended, seconded by Mr. Neil
and unanimously carried.
Report from Silver Lake Commission
Ms. Tricia Arndt, Chair, Silver Lake Commission, gave a brief history of her time
with the Silver Lake Commission and a report of the Commission.
Ms. Arndt stated the Commission acts as an advisory body to formulate
recommendations to Council and Staff through the Parks, Recreation, and
Community Enhancement Committee. She noted they provide a forum for public
involvement, coordination with other government bodies and institutions. They
typically meet quarterly to discuss the issues and, as needed, to discuss and review
project plans that may have an impact on water quality, or if they are adjacent to the
park or near the park. Mrs. Arndt advised another activity that they partake in is
funding letters in support of grants that the City seeks for different projects. She
stated most recently she provided a support letter for the Outdoor Recreation Parks
and Trails grant application. Every year they also organize a park clean up in
conjunction with the lake draw down. She noted it is an opportunity for property
owners to have a predictability in doing repairs to docks and also to clean up the
shoreline. They also assist with community events such as the canoe and kayak
activity.
Ms. Arndt noted that Commission members are all frequent park users. She stated
one woman is in the park every day with her dog and always knows when City of
Dover Police do not shut the gate and she will let the Commission know when the
gate should be shut in the evening because that is a safety issue. Ms. Arndt noted they
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 7
consider their role to be that of outreach, as a community liaison, and they are
looking forward to assisting the City with the park master plan when they move
towards that.
Mr. Neil asked how frustrated the people were who Ms. Arndt came into contact with
regarding the closure of the park down because of the backup from the County sewer
system. Ms. Arndt stated the response by the County, the City and Delaware
Department of Natural Resources and Environmental Control (DNREC) was on
point. She noted that they have an aging infrastructure and it is an opportunity to call
that to light and that they need to focus on it because when they have pipes that are
that old, things like that would happen. Ms. Arndt stated another opportunity would
be that if Kent County needs to replace sewer line in that area, this would be a chance
to either reroute or improve some sidewalk, or add riparian buffer, or get some
plantings in. She stated if they are going to dig up the area anyway, then there is an
opportunity to put it back better than it was before.
Col. Dix noted that there is a problem with feeding the ducks. He stated they are not
suppose to feed the ducks bread, but people go to the park with bags of bread.
Responding to Col. Dix, Ms. Arndt stated she is personally not doing anything to
change people's habits regarding feeding the ducks bread. She noted an opportunity
might be to put up educational signage. Col. Dix stated there are signs by the
Countrie Eatery stating not to feed the ducks. He suggested dispensing corn or
whatever is good for ducks. Responding to Col. Dix, Ms. Arndt stated she would not
feed the ducks at all, because they should be foraging for their own food sources and
should not be fed artificially from humans.
Col. Dix noted that there are lots of elderly people who enjoy that park, but they just
do not seem to want to put park benches in. Responding, Ms. Arndt stated that there
may be an opportunity in the future when the Parks, Recreation, and Community
Enhancement Committee looks at the master plan for the park. She noted Col. Dix's
request and stated she would anticipate public outreach and input to that process.
Responding to Mr. Caldwell, Ms. Arndt stated the safety issues regarding the park
are often perception issues. She noted that she has never felt unsafe in the park and
frequently goes with her children. She noted that all of the members of the Silver
Lake Commission are in the park often at different times of the day, but she does not
go at dusk. She stated she also does not enter the park at night because no one should.
Ms. Arndt stated it is a matter of taking her own personal responsibility.
Mr. Caldwell thanked Ms. Arndt and the Silver Lake Commission for their efforts
and the job they are doing with a number of activities that have been initiated
including activities in the spring and in the fall for cleanup, keeping track of the
water quality, making sure that they are in compliance with State standards as much
as possible and giving public input. He noted they are going to be doing a review of
commissions and the like for the effectiveness and it is important that the Silver Lake
Commission's work be noted.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 8
Review of Active Recreation Area Plans (Request for Cash-in-Lieu) - 1504 and
1506 College Road (Planning Reference #SB-20-01)
Mrs. Dawn Melson-Williams reviewed the background information of Active
Recreation Area Plans (Request for Cash-in-Lieu) - 1504 and 1506 College Road
(Planning Reference #SB-20-01).
Staff recommended acceptance of the $4,250 Cash-in-Lieu of Recreation Area
Construction donation, as the amount complies with the requirements of the Zoning
Ordinance.
Responding to Mr. Neil, Mrs. Melson-Williams stated that the applicant had to
submit the appraisal. She noted that the zoning ordinance outlines standards for the
appraisal, so the cost of the appraisal is burdened on the applicant. She stated the full
appraisal document is in the Planning Office, but they identified a couple of key
pages out of it for the packet.
Mr. Neil stated it is odd when someone is trying to save money, and they have an
appraisal. If they are trying to sell it, that appraisal will be high and if they are trying
to buy it, it is going to probably be lower or at least neutral. He noted that it all
depends upon who is driving that cost and in this case that is low. If they were going
to put a lease land community on there, each one of those tiny slivers is going to be
very high and they will ask for lot rent at a very high level because of it.
Col. Dix asked how did the City end up in the situation of having little parcels of
parks. Responding, Mrs. Melson-Williams stated that the zoning ordinance includes
requirements for active recreation associated with the development of residential
developments. She noted in the past there may have been approaches with
subdivisions to identify a small park area within that subdivision to meet those active
recreation requirements. There have been some changes over the years to the
provisions for active recreation, one of which is this exemption, which either reduces
the amount of land that is required, or it sets up and establishes this cash-in-lieu of
construction. Mrs. Melson-Williams stated in Staff's opinion, this make the most
sense for small types of developments. She noted in their comprehensive plan they
did identify that the recreation area concepts Citywide and the provisions of the code
are something that needs additional research and perhaps changes as to how they
function.
Col. Dix asked if this is not the time to make the changes. He noted it sounds like
these little parcel park ideas are out of vogue, and if they are out of vogue, they
should change the ordinances and get on with the normal way of doing business.
Responding, Mrs. Melson-Williams stated it has certainly been identified as one of
the provisions of the zoning ordinance that needs additional research and perhaps
updating. She stated given how development activity happens now, it is one of many
code provisions that need a lot of research and work to bring forth changes to allow
them to work better with development activities.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 9
Mayor Christiansen gave a quick overview of how these items came about. He stated
with the building boom of the 1960s in the City, it was the comprehensive plan's
intention to provide neighborhood parks for individual communities and
developments that came about within the City. The developers put land aside for
small pocket parks. He noted early in the 1980s it was determined that due to the
maintenance that was required by the City to provide these parks because they
became the City's possession, it made better sense during that building era of the
City's continued growth that cash be taken in lieu of providing these pocket parks in
the individual areas because the new comprehensive plan featured several large and
major parks in the City. Mayor Christiansen stated the dollars that were saved on
maintenance went toward the larger issue of the inception of the Dover Park,
Williams Park, and eventually Schutte Park as it came into being.
Responding to Col. Dix, Mr. Anderson stated they have taken care and currently have
a mechanism, but it has been determined by Staff that they can do it better. He noted
that will probably be a review in the next year.
Responding to Col. Dix, Mayor Christiansen stated it is the best formula and best
matrix for recouping money for long-term maintenance of the small parks that still
exist, as well as putting money into projects like the revitalization of Dover Park, and
the continued development of Schutte Park, and Silver Lake.
Mr. Neil moved to recommend acceptance of $4,250 Cash-in-Lieu of Recreation
Area Construction donation, as the amount complies with the requirements of
the Zoning Ordinance, as recommended by Staff. The motion was seconded by
Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Presentation from the Hope Commission
Ms. Tamera Fair, Executive Director, Hope Commission, reviewed a presentation
titled, "Dover March City Council Meeting - Wilmington HOPE Commission
Overview," and provided a handout titled, "Delaware's Premiere Re-entry Program,".
Mr. Sudler thanked Ms. Fair for allowing him to visit their site in Wilmington and
noted that he will provide pictures to City Council and the Parks, Recreation, and
Community Enhancement Committee of how clean and professional the atmosphere
is.
Mr. Sudler asked how does the Hope Commission aid the City of Wilmington with
mental health, gang prevention methods, loitering, and pan handling. Responding,
Ms. Fair stated that they have a behavioral health specialist onsite and each of the
individuals that they work with has a one-on-one. She noted one of the courses in the
Texas Christian University is the cognitive behavioral intervention, so those are
methods that address that aspect. She advised that the other elements are folded into
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 10
what the Commission does, in the cognitive behavioral intervention, they teach how
to make appropriate choices because a lot of times, the individuals that they work
with have not had the opportunity to know what is right from wrong. Their
methodology of what choices are acceptable in society or not come from those
criminogenic risk factors.
Regarding panhandling, Ms. Fair stated their workforce development program is
skillfully designed to help in that area. Teaching, first of all, the skills of how to
obtain a job. They also have pipelines of programs where they have worked with
employers who are willing to, once they go through, for example, their enhanced
workforce development program, that are willing to give individuals with justice
involved backgrounds and opportunity to an interview, and if they do well to actually
be employed. Ms. Fair noted say one of her goals is not to provide the individuals in
their program with 1099 jobs, but with careers because that is the way that they come
back, the high risk behavior that the individuals that they work with.
Responding to Mr. Sudler, Ms. Fair stated that the most challenging obstacle that the
offenders have to hurdle over during the program and after the program can change
for the individuals. She noted one of the hardest things is being ready to make the
change. One of the things that they do is they have a program called, "Inreach," where
individuals that are in their program are addressed before they leave the prison. They
do something called, "getting motivated to change," which is another cognitive
behavioral evidence-based practice in order to prepare the individual of what is going
to be expected. Ms. Fair stated first they need to see if the person is in the mindset
to begin to change. Regarding the hardest barrier, Ms. Fair stated that getting
motivated to change, to kind of plant the seed to start the process happens at the
Hope Commission, but soon as they come home, they leave that kind of confined
environment and now those risk factors, such as the peers that they were hanging out
with before. She noted that a lot of them have not actually ever worked a legal job.
Ms. Fair stated making sure they are on time for the program can be a barrier. She
noted they have two tracks, a day and evening track. Ms. Fair advised that a lot of the
individuals that they have in the evening are usually working, so they have a
10-minute grace period to make it to their first evening track class because they can
get held up at work. For those in the morning, even though they have individuals that
work overnight and may come in, typically because the first class starts at 10:00 a.m.,
they have to be there on time, otherwise they do not get credit for that class.
Therefore, that appears in their report at the reentry court, which is the accountability
portion of it. She stated she took a long way around to respond to Mr. Sudler's
question, but wanted to show the things that they are doing, the obstacles that they
face because there naturally is that pull of family and peers and the amount of money
those individuals were making prior to incarceration, so trying to show different
choices and to lower PTSD, which a lot suffer from as a result of that risky behavior,
are some of the things that they put in place.
Mr. Sudler asked how can the City of Dover implement a Hope program and what
would they have to do if that was deemed necessary amongst City Council and what
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 11
are some of the dynamics. Responding, Ms. Fair advised one of the things would be
data collection, which is looking at the individuals that are looking to assist,
collecting, and others listed in the presentation. She that one of the next steps that she
would look at is actually having a discussion from representatives of Dover with the
Board of the Hope Commission because that is an important aspect to see all the
work that goes on behind the scenes to get the program together. The other aspect is
the type of individual that they would need. She stated peers and case managers are
some key elements and having a clinical director to maintain the fidelity of the
program. She noted she was looking at it from the point of the individual's high crime
rate, lack of employment.
Ms. Fair advised that another aspect would be partners that would be willing to hire
individuals that come out of the program, that pipeline of individuals that would be
coming to the program. She stated they also have a community aspect where they
take walk-ins as well that are not in the evidence based, but they assess with
Medicaid, Medicare, and partner with Division of Social Services (DSS) and other
partners to help provide the services, as well as refer individuals to where the
appropriate places for them to get the services that they need. All that infrastructure
would probably need to be in place in order to do something like that in Dover. She
noted two other barriers are housing and transportation.
Responding to Mr. Anderson, Ms. Fair stated, regarding their funding, there is
fundraising that they get from private sources and they do get State and City funding.
She advised that they do a lot of funding from the private sector, from banks, from
some organizations. Ms. Fair noted that Christiana Care has been a wonderful partner
to them, as well as some of the banks like Bank of America and Comenity.
Responding to Mr. Neil, Ms. Fair stated right now they take in people just from
Wilmington who had been incarcerated. She stated they take in people from the zip
codes 19801, 19802, and 19805, and has expanded to New Castle.
Responding to Mr. Caldwell, Ms. Fair stated they are not 100% perfect and that some
individuals have trouble adjusting to society as a whole. She noted that is an area that
they deal with, but that is a reason for the evidence-based program that they adhere
to. She noted for example, anything that cannot be handled by their behavioral health
specialists, they refer, whether it is intensive outpatient, things of that sort.
Mr. Taylor asked if the adult education program is accredited. He noted some of the
jobs that they are sending people to have to have a GED or the equivalent and when
some of them are coming out of the institution, they do not have this. Responding,
Ms. Fair stated the jobs that they work with are sometimes just skill based. They refer
individuals to the West End to get their GEDs. She noted, for example, one of the
partnerships that they have is with the Delaware Center for Horticulture (DCH), they
have individuals that go through their skill program and the DCH then helps to place
those individuals. Ms. Fair stated some of the jobs that they look at and the partners
they work with, that is not necessarily a requirement. She advised that some
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 12
individuals going to them have their GED, some have high school diplomas, and
some even have some college, so it is a variety that they work with.
Responding to Mr. Taylor, Ms. Fair stated there are a couple of ways they handle
those who have issues with addiction. She advised that depending upon the level of
addiction, they start with their behavioral health specialist. She noted when they
initially have their intake they do a couple of other assessments in place to get a
better sense of where the individual is. She noted if the behavioral health specialist
sees that the individual is truly struggling with addiction, they have an onsite
substance abuse group. She stated they do everything in stages because individuals
are different and they respond to different methods. If an individual continues to
struggle, then they do refer them to any of the other places that are better apt to deal
with them. She advised that this is where their case management also stays in place
because their behavioral health specialists in this instance, when it is substance abuse
related, is sort of like the point person and makes sure after meetings, Health
Insurance Portability and Accountability Act (HIPAA) guidelines getting signed off
from the individual, make sure that they are on the same page with who they have
referred them to.
Responding to Mr. Lindell, Ms. Fair advised that if she combined the State and city,
the funds average about $350,000 and that the Department of Corrections (DOC)
numbers are not based on the zip codes. She stated that the DOC's total is everybody
in their system in those years that had left in those years, that includes low risk
individuals as well as medium to high risk. She noted that was important because the
low risk individuals are individuals who in their assessment are usually not likely to
continue to commit crimes or recidivate. Ms. Fair stated that when they look at the
DOC's numbers compared to their number, their numbers are actual individuals that
they had in those years, graduation, and where they are now that they have checked
on. She stated their numbers are medium to high risk, so percentages actually could
be somewhat prorated to show actually a higher non-recidivism rate for those coming
out of Wilmington Hope Commission, in comparison because they do not have any
of the low risk individuals to mitigate the recidivism rate.
Responding to Mr. Lindell, Ms. Fair stated they have a rolling admissions, so it is
hard to take in a space of time, but in the presentation, it shows they graduate
probably 28 individuals per year. She noted if that is multiplied by the number of
years, if rounded to 33 times three, it is 90.
Mr. Polce asked if there is a desire for the commission to expand into housing
options for clientele. He noted if they have a justice involved individuals, does not
particularly mean they are transient, they could be living with someone. He asked if
Ms. Fair could speak on where the justice involved individual ins coming from, not
specifically the zip code, but if the majority of them are housed, and if that is a
requirement of the program, if it is not, is it something that the commission has a
desire to get into or have thoughts of. Responding to Ms. Fair, she stated in order to
graduate from their program, there are four pillars and one of those is stable housing,
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 13
they need also be drug free, employed and have 85% or more attendance. She advised
that individuals are coming from the DOC and are on a box. Ms. Fair stated most of
them return home, a lot of their families are in Section 8 housing so they are not
suppose to be staying there with a box, so that is where some of the consternation
relative to housing comes from. She advised to be released when someone has house
arrest of G.P.S., they must have a host, otherwise they remain at level five or within
the facility. For the commission, the individuals they are working with will have
housing when they go to the commission. She noted keeping that housing, some stay
with a significant other or others and what happens is sometimes they are thrown out
of the house which creates a whole other set of issues. Ms. Fair stated that relative
to the Hope Commission, they have come across in some instance places where
individuals have housing that they are willing to rent to justice involved individuals.
They have some housing referrals, but that is a major aspect.
Ms. Fair stated they would love to have more housing opportunities to actually have
their individuals that are coming home go directly into a place, where it is not trying
to find a residence, and that they can begin their probation outside of incarceration.
Mr. Polce noted when they think of justice involved individuals and the re-entry
pipeline, it is a continuum. He stated he was curious to what the Hope Commission
was doing because there are justice involved individuals who come out level five,
give an address, they will have their first meeting with their PO, and then they are a
ghost in the wind from that address. He asked ultimately do they work with those
individuals with the goal at the end being graduation and housing or do they have to
demonstrate that they are actually housed prior to becoming a participant with the
program. Responding, Ms. Fair stated before they go to the Hope Commission they
have to have housing. She stated there are a couple incidents where if an individual
did not, they are willing to work, but they cannot be on the box or anything like that.
They have those referral places and one of the things they actually are working on is
they have been talking to a couple of individuals who, for example, one individual
rehabilitates houses, so they are talking to try to be able to have that aspect up front
because they have had individuals that have been assigned to their program and they
cannot come until that residence part is taken care of.
Responding to Col. Dix, Ms. Fair clarified that box means a G.P.S. ankle monitor.
Mr. Hare moved to recommend acceptance of the report. The motion was
seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Mr. Anderson encouraged members to be in contact with Ms. Fair's staff and get
some good referrals.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 14
Mr. Hare moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting. The motion was seconded by Mr. Neil and
unanimously carried.
Meeting adjourned at 7:16 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and
unanimously carried.
Purchase of Replacement IBM Power System S914 Server (Sole Source Vendor)
Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis
regarding the purchase of replacement IBM Power System S914 Server (Sole Source
Vendor).
Staff recommended authorizing the City Manager or her designee to accept the
proposals and purchase the equipment and operating system.
Responding to Mr. Neil, Mr. Harline stated that the current machine is about nine
years old, almost starting its 10th year soon, the reason they are asking to replace it
is because they are no longer supporting the operating system software for the
machine. He noted the HTE system is still supported. Mr. Harline stated it was only
a couple of months and they are going to be using it to hold data. He advised they
could probably skate along, but it is guaranteed for five years and then at that point
they hope they will not need it. They have continued software maintenance on this
particular machine for now nine years and the original cost of that machine was
$10,000 greater than this one. Responding to Mr. Neil, Mr. Harline stated that in the
packet it included a package for the maintenance program.
Mr. Contant asked if they were looking at upgrading the server because the software
is not available, if they were hoping not to do this previously, and if there was
anything else housed on the server other than HTE. Responding Mr. Harline stated
that the server only runs the operating system HTE. Mr. Contant noted that he did not
see the specs listed, but stated for this type of system $15,000 is about double what
the minimum price is for the systems. Mr. Contant asked where does the system that
they are requesting lie in performance aspect to the lowest cost for this system, which
he thinks is about $6,000 or $7,000. He noted if they are only running one piece of
software off of this and they are only anticipating doing that for the next three,
hopefully not five years, do they need to buy one that is better than going with the
lowest option of that class.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 15
Responding to Mr. Contant, Mr. Harline stated right now the full implementation of
Munis runs into the year 2023, so having it for five years for leeway and backup is
probably not a bad idea. He noted he did not think they need to get a better machine.
Mr. Contant stated the server that they currently have, unless they have made upgrade
to it is 9 ½ years old and the processor technology and the amount of RAM that
servers can hold now is significantly greater, so even if they went with the cheapest
option it would be about at least five times faster than what they were using. He
noted he was looking at cost savings. He asked if they needed something that fast if
it is serving a single purpose to bring the gap to their next piece of software, knowing
that anything out there right now would be able to handle the HTE system or if there
another planned use after HTE is discontinued and they move over the Munis.
Responding, Mr. Harline stated they do not have any planned use as far as he knew.
Mr. Harline stated that would be a question for Mr. Andy Siegel, Director of
Information Technologies (IT). He noted he was not sure how much, but could get
the answer. Mr. Harline noted if they authorized that much of an expenditure, they
can find a less expensive option and certainly would take that, but the support ends
at the end of March so they did want to move fairly quickly. He noted he did not
know if there would be ability to repurpose the machine. If they can, they would, and
they have done a lot of virtualization of servers.
Responding to Mr. Contant, Mr. Harline stated Munis is running on their server and
that they have already purchased the server to run that, he noted parts of it are up and
running. Mr. Hare noted what they are getting now might be a little more than what
they are going to need for the next three years, but if they went back to something
less, in three or four years from now they are going to have to make another change
and with this they will be able to do what IT needs to keep the systems going and it
might go for 10 years.
Mr. Contant stated he understood and if it was something that they are going to use,
especially for other software going forward, then he would recommend going with
the most they can afford at one time because it will carry you further, but at 10 years
ago when that system was purchased, he does not think anybody was thinking about
replacing HTE at the time and now they are. He stated he was trying figure out if it
is cost effective to go with the middle of the road server for something that only
serves one purpose, that they are hoping to discontinue far sooner than 10 years. Mr.
Harline stated they are hoping to be completely out of there in five years, by that time
they should have enough history in Munis that they do not need to save very many
files. He noted they can import a couple of years worth or as many as they want from
HTE for a fee. Mr. Harline stated with this machine, as they get completely up and
running with Munis, they can save a certain amount of history if they need it. He
noted for the variety depending upon what the particular functionality in Munis, there
are different amounts of history that they want to save, plus they also have budgeting
stuff they have in Excel many years back.
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 16
Mr. Taylor asked if they had to vote on the item tonight, he liked Mr. Contant's
approach and asked if they could table this until questions were answered.
Responding to Mr. Lindell, Mr. Harline stated the software supports ends at the end
of March.
Mr. Harline noted if they approve that amount of money and if there is a less
expensive machine, they can do that. Mrs. Donna Mitchell, City Manager,
recommended moving it onto Council and they can bring the answers back to the
next Council meeting to make sure everybody is comfortable. She noted they can
communicate with Mr. Contant in the meantime to get his questions.
Mr. Contant asked if Staff can look to see if there is a possibility of saving a few
dollars. He noted to keep in mind that they do not plan to keep this system the full
ten years and then just bring it back to Council at the next meeting so Council has the
information to vote on it. Mr. Sudler agreed with Mr. Contant.
Mr. Shevock stated he was always for saving money and asked if they save a dollar
now if they were going to spend more in three or four years. He noted that model
presented before the AS400 has come back and paid.
Mr. Neil questioned if the computer dies when the support system is not there. He
stated it continues and hopefully continue to work until they have the new server they
decide to buy to bring in. He noted that if they are going to approve it and then find
out that they can get a lesser system then they should do that, it would be his
understanding in making the second on the motion that is what they will do.
Mr. Contant noted that his biggest concern with letting the software lapse is that
when it is not in development anymore, it is more susceptible to being hacked
because no one is keeping up with the security protocols. Mr. Harline agreed and
noted that slightly more than half of the cost is the operating system and doubted they
could find a different option for that.
Mr. Lindell stated the best course of action is to go with advancing it to Council and
then getting the answers for the next Council meeting to the concerns and questions
that Mr. Conant brought up and then they will have that information as a Council to
vote.
Mr. Cole moved to recommend acceptance of Staff's recommendation of
authorizing the City Manager or her designee to accept the proposals and
purchase the equipment and operating system while also directing Staff to
provide answers to the specific issues that were addressed during the meeting.
The motion was seconded by Mr. Neil and unanimously carried.
Mr. Matthew Harline, Assistant City Manager, advised that he spoke with Mr. Jonathan Contant,
Legislative, Finance, and Administration Committee Member, and noted that the solutions that he
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 17
was offering would have required them to go with a different vendor. Mr. Harline stated that there
were a couple of misunderstandings about what the actual cost of a different IBM server would have
been. He noted that the actual savings of his solution would have been about $3,000.
Mr. Harline advised members that they moved forward with the vendor that they had been working
with for a number of years. He noted that they were going to be running billing on this server for the
next two years and they are going to be converting over to Munis, so the actual amount of traffic on
this server will be higher than they have been experiencing in the last couple of years. Mr. Harline
stated that after two or three years, hopefully it will drop off dramatically as they transfer over to
Munis from the HTE System on the AS 400 server. He stated that they believe this is the best
solution and, based on direction from Council, they moved ahead with the purchase.
Mr. Neil moved for approval of the Committee’s recommendation, seconded by Mr. Anderson
and carried by unanimous roll call vote.
Mr. Hare moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Shevock and unanimously
carried.
Meeting adjourned at 7:33 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:33 p.m.
William F. Hare
Council President
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and unanimously carried.
MONTHLY REPORTS - FEBRUARY 2020
By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Planner's Report (January and February 2020)
Fire Chief's Report
Police Chief's Report (January and February 2020)
Page 91
CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 18
APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT HARE - UTILITY
COMMITTEE - ANDREA B. MAUCHER (TO FILL THE UNEXPIRED TERM OF
MARGARET (SCARBOROUGH) HAASS - TERM TO EXPIRE MAY 2020)
Council President Hare recommended the appointment of Andrea B. Maucher to serve on the Utility
Committee for a term to expire May 2020 (to fill the unexpired term of Margaret (Scarborough)
Haass).
By consent agenda, Mr. Neil moved for approval of the appointment of Andrea B. Maucher,
as recommended by Council President Hare. The motion was seconded by Mr. Lindell and
carried by a unanimous roll call vote.
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE
#2020-07 - PROPERTY LOCATED AT 679 HORESPOND ROAD, OWNED BY
JACJIM, LLC
A request was received to rezone properties located at 679 Horsepond Road, consisting of 2.00 +/-
acres, owned by JACJIM, LLC. The property is currently zoned BG (General Business
District)(Kent County Zoning Classification) and the proposed zoning is C-3 (Service Commercial
Zone) and AEOZ (Airport Environs Overlay Zone)(City of Dover Zoning Classification). (Tax
Parcel: ED-00-078.00-01-02.02-000; Planning Reference: AX-20-03).
Staff recommended that the request be referred to the Utility Committee and the Planning
Commission at their next scheduled meetings and that a public hearing be set before City Council
following Planning Commission action.
Mr. Neil moved for referral, as recommended, seconded by Mr. Sudler and unanimously
carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
Proposed Ordinance #2020-07 as read by the City Clerk, by title only, as follows:
PROPOSED ORDINANCE #2020-07 AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF THE PROPERTY LOCATED AT 679 HORSEPOND ROAD.
CITY MANAGER'S ANNOUNCEMENTS
None.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson invited everyone to participate in a virtual chili cook-off on April 18th and advised that
more information could be found on his Facebook page. He noted that the beneficiary this year was
Kent County Code Purple.
Mr. Taylor invited everyone to participate in a neighborhood watch program in Downtown Dover.
He noted that they do four-hour shifts and they are not trying to stop crime or be police officers, they
simply observe and report. Mr. Taylor stated it has been very successful and if anyone wants to
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CITY COUNCIL MEETING OF APRIL 13, 2020 PAGE 19
participate to give him a call. He noted it would typically be two teams at a time. Mr. Taylor advised
that it is incredibly dark on New Street and Reed Street and they need lighting down there.
Mr. Slavin moved for adjournment, seconded by Mr. Lindell and unanimously carried.
Meeting adjourned at 8:17 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of April 13, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\04-13-2020 REGULAR CITY COUNCIL MINUTES.wpd
Page 93
2019
Annual Report
The Downtown Dover Partnership achieved significant accomplishments in calendar year 2019, including a significant increase in
volunteer engagement, private investments in building improvements, completion of several multi-year projects, and several
exciting “firsts.” We invite you to view details in the pages ahead and take a glimpse of our plans for calendar year 2020.
Developing this report in the first quarter of 2020 amid the COVID-19 national “shutdown,” we have yet to see the full impact of
this global pandemic on local government and the local economy. The toolkits that have worked in the past will need to be refit
with new tools that are responsive to changing needs. At the same time, the Main Street organizational structure, the “basic pliers
and wrenches” of having a strong plan in place — and then working the plan systematically — will prove vital in this time of change
and uncertainty.
Be assured that we, along with our strong team of small business resource partners, are already responding to this unprecedented
crisis for downtown Dover’s merchants and small business owners – the lifeblood of our central business district.
Our 2020 workplan includes exciting projects, programs, and activities to guide us securely into the new fiscal year, while allowing
us to respond in “real time” to things yet unseen. Due to unexpected constraints, some may be tempted to stall projects or pursue
less-effective solutions. But let’s “work the plan” and remain true to enhancing the essentials that make downtown Dover a vibrant
center of commerce and social activity. We invite your participation. Together, we will ensure that the commerce, the vigor, and
the spirit of our downtown will remain stronger than ever!
Diane Laird, Executive Director
Shop Eat Explore and Repeat in Downtown Dover!
Our vision for Downtown Dover…
An increasingly vibrant and thriving downtown.
A regional destination.
People of all ages will fill downtown to visit museums and
cultural attractions, have a nice meal, shop at unique retail
stores, and enjoy numerous, varied and playful things to do,
both inside and outdoors.
It’s happening downtown!
Our Mission
The Downtown Dover Partnership is committed to
driving an improved quality of life for the residents
and visitors of Dover, Delaware, through collective
collaboration, economic development and promotion
of downtown Dover’s unique historic properties.
The DDP is one of only four accredited Main Street ®
communities in the State of Delaware.
Page 94
DESIGN
7 FAÇADE/SIGNAGE GRANTS
$16,700 PRIVATE REINVESTMENT
2 PUBLIC MURALS
Mural at Family Dollar Store
11 UTILITY BOXES UNIQUELY PAINTED
West Gateway into downtown 100 VOLUNTEERS
ECONOMIC VITALITY
RETENTION/EXPANSION
Ongoing partnership with small business resource partners
OPEN
FOR BUSINESS
Small business walk-ins/walkarounds instituted monthly
Estimated 100 + small business advisements
8 NEW BUSINESSES RECRUITMENT
Unlock the Block: Sweets & Treats
2 SMALL BUSINESS SATURDAYS Ongoing support for businesses seeking downtown location
It’s Happening! marketing piece developed for prospecting
EVENTS & ACTIVITIES
1 TROLLEY LAUNCHED!
Market -
$39,620 SALES
55 SENIOR 117 NON-SENIOR
50 ARTISTS
PLEIN AIR PAINTING EVENT*
fT\
WIC RECIPIENTS SERVED* BUSKING PROGRAM*
* Special Supplemental Nutrition Program for VISUAL & PERFORMING ARTS
Women, Infants, and Children (WIC)
*These activities take place outdoors.
MARKETING & PROMOTIONS
IMPLEMENTED FULL CALENDAR OF EVENTS:
N
i]
St. Patrick’s Day and Holiday Parades
Dinner and a Movie
Capital City Farmer’s Market
Two (2) Small Business Saturdays
Array of Capital City Holiday Events
Year-Round First Fridays, building local/regional artist base 6,530 FOLLOWERS
INCREASED COLLABORATION IN EVENTS & ACTIVITIES:
City of Dover, Central Delaware Chamber of Commerce, Dover Air Force
33% INCREASE BI-WEEKLY
Base, Destination Downtown Dover, Kent County Tourism, NCALL GOOD NEWS RELEASES
BOARD POSITIONS HELD:
Dover Days, Committee, HELP Initiative, Inc., Kent County Tourism
Page 95
MERCHANTS
Established quarterly Merchant Mixers
1 DELMARVA LIFE FILM
SMALL TOWN SERIES: DOVER Launched quarterly Window Decorating
contests with “traveling trophy” award
Merchant representative welcomes new-
1000 comers monthly at Dover AFB
SHOP DOWNTOWN DOVER
PROMO BOOKS
$2,098.63 First Friday Gives Back donations from
merchants to local charities
MERCHANT CONTRIBUTIONS
PARKING & SAFETY
DO,;tNTOWN
DWVER
AMBASSADOR
11 LED LIGHTS INSTALLED 11 VOLUNTEERS ENGAGED
1 SIGNAGE PACKAGE
S. GOVERNOR’S AVE. PARKING LOT $500 GRANT—SOFT LAUNCH
ORGANIZATION
HONORS
$8,000 ANNUAL SAVINGS
Tourism Partner of the Year (Kent County
BUNDLED INSURANCE
Tourism)
American Express Small Business Saturday
Partner (DE SBDC)
72
NEW VOLUNTEERS
$28,787
- $20,200
GRANTS /SPONSORSHIPS RECEIVED
INTERNAL OPERATIONS
• IT Network /cloud back-up established.
• DiSC training: completed by all staff.
(DiSC measures Dominance, Influence, Steadiness
VALUE OF VOLUNTEER HOURS and Conscientiousness workstyle)
PROPERTY MAN-
Assumed property management role in-house, saving DDP at least
$20,000 annually
Audited leases and expenditures on DDP-owned properties to increase
revenue by an estimated $18,000 per year going forward $20,000 ANNUAL SAVINGS
Coordinated efforts with Dover Interfaith Mission for Housing (DIMH) to
support their selection of new facility and relocation by December 2021 $18,000 INCREASED REVENUE
Loockerman Way Plaza sold to land developer for appropriate mixed-use
development
SOLD! LOOCKERMAN WAY PLAZA
Page 96
2020
On the horizon!
• Aggressively address lack of “tenant ready” and underutilized downtown tenant spaces
• Establish plans for acquiring key properties for redevelopment/resale
• Establish Redevelopment Revolving Loan Fund to encourage private investment
• Actively seek business prospects in key business categories
• Establish Small Business Revolving Loan Fund
• Reallocate advertising funds to better target economic development audience
• Mobilize COVID-19 response to ensure merchant stability
• Expand facade grant program to include graffiti removal and COVID-19 social distancing retrofits
• Finalize development and begin implementation of comprehensive downtown parking solution
• Expand Downtown Dover Ambassador Program for weekday lunch/late afternoon coverage
• Establish Merchant Block Captain program
• Work collaboratively to address downtown vagrancy and related issues
• Attain proficiency in CPTED (Community Policing Through Environmental Design)
Thank you
The Downtown Dover Partnership (DDP) recognizes and values the financial and philosophical support of the City of Dover
Mayor and City council, as well as the Dover delegates to the State Legislature. The DDP Leadership extends appreciation to
key partners, including Central DE Chamber of Commerce, Destination Downtown Dover (D3), Kent County Tourism, NCALL,
and the many additional partners (see insert) and volunteers who give tirelessly of their time, talent, and treasure to inform
and carry out the activities of this organization — a public-private partnership in its truest and finest sense.
Board of Directors 2019
Anita Evans, President Mayor Robin Christiansen Donna Mitchell
Todd Stonesifer, Vice President Robert Clark Councilman Fred Neil
Lucy Findlay, Secretary Councilman David Anderson DE State Senator Trey Paradee
John Van Gorp, Treasurer Mike Harrington Councilman Tanner Polce
Kim Adams David Hugg Councilman Tim Slavin
Councilman David Anderson Maxine Lewis Jonathan Street
Peter Bradley Mitchell May, Esq. Erin Thwaites
Staff
Diane Laird, Executive Director
Tina Bradbury, Operations Manager
Brynn Voshell, Admin. Asst., Market Manager
ASSETS / BALANCE SHEET
Cash and investments 813,102
Land & Buildings, Equipment, Accum Deprec. 5,887,999
TOTAL ASSETS 6,701,101
DowntownDover.com
Leases/Sales Contracts, Notes Payable
101 W. Loockerman St TOTAL LIABILITIES 2,186,842
Suite 1-A Invested: Land/Buildings, Unreserved
Dover, DE 19904 FUND BALANCES 4,514,259
302-678-2940
TOTAL LIABILITIES & FUND BALANCES 6,701,101
Page 97
Special thanks to our many partners!
92.9 Tom FM, 94.7 WDSD, Aetna Medicare Solutions, American Express, Artisans Bank, Autism Delaware,
Bayard Pharmacy, Bayhealth Medical Center, Becker Morgan Group Inc., Bel Boutique, BluVintage, Brooks
Salon for Men, Capital School District, CenDel Foundation, Central Delaware Chamber of Commerce, Central
Delaware Habitat for Humanity ReStore, Delaware State University Expanded Food & Nutrition Program, DSU,
Central Middle School Visual Art Club, City of Dover, City of Dover Public Works, City of Dover Parks & Rec,
Chesapeake Utilities, Communities in Schools, Councilman Anderson, Councilman Hare, Councilman Sudler,
DART, Deaf Outreach, Inc, Delaware Department of Agriculture, Delaware Department of Natural Resources
& Environmental Control (DNREC), Delaware Division of Small Business, Delaware State Housing Authority,
Delaware Department of Education, Delaware Master, Delaware Parents Association, Delaware State Fire
School, Delaware State News, Delaware Shoppes, Delaware’s Quaint Villages, Delaware WIC, Del-DOT,
Delicate Taste, Dover Air Force Base, Dover Capital City Rotary, Dover Colonial Rotary Club, Dover
Downtown Rotary Club, Dover Health Care Center, Dover High Art Club, Dover Interfaith Mission for
Housing, Dover PD & Cadets, Dover Post, Dover Public Library, Duck Creek Printing, Edward Everett,
Emmanuel’s Religious Gifts & Books, Endless Futures Farm, Autism Delaware Energize Delaware (Over)
DowntownDover.com
101 W. Loockerman St
Suite 1-A
Dover, DE 19904 Oo
302-678-2940
THE MARKl
Page 98
Special thanks to our many partners!
ERA Harrington Realty, Epicurean Provisions, Fifer Orchards, First State Community Loan Fund, First State
Heritage Park, Food Bank of Delaware, Forney’s Too, LTD., Governors Café, Greater Kent Committee, Grey
Fox Capital, Grey Fox Grille, Heather Bernat, HELP Initiative, Inc., Imagine, Independent Resources, Jen-Mor
Florist, Keller Williams Realty, Kidz DeLight, La Baguette Bakery & Catering, Lighthouse Construction,
Maxine’s Fashions, Mayor Robin Christiansen, McGinnis Commercial Real Estate Company, Mitten & Winters
CPAs, LLP, Modern Maturity Center, Mountain Consulting, My Roots, NCALL, Noah’s Secret Hot Dogs, Parke
Green Galleries, Parris Nail Lounge, Partners in Design, Petite Sweets, Read Aloud Delaware, Restoring
Central Dover & Wesley College Community Garden, Rigby's Karate, RideShare Delaware, Rose Marie
Mujica, Roo Parag, R&R Commercial Realty, Schmittinger & Rodriguez, P.A., Sharp Energy, ShopBISM,
Signature Stitches, Simaron's Pizza & Steak Shop, Suds & Company, Starr Flower Company, Sweets &
Treats, The Beauty of Goats Milk Soap, The Corn Exchange, The Dance Factory, The Hungry Spork, The
Loocke, The Moving Experience Tidemark Construction, Tina’s Timeless Threads, Tomeka’s Homestyle
Eatery, TopFive BBQ, United Church of Delaware, USDA, VanAuken Fudge, WBOC News, Whatcoat United
Methodist Church, WMDT 47 News, Women’s Business Center, Wesley College, Wesley United Methodist
Church, WSFS Bank, Zuha Trend (Over)
DowntownDover.com
101 W. Loockerman St
Suite 1-A
Dover, DE 19904
302-678-2940
Page 99
CITY OF DOVER City Council Meeting
Apr 27, 2020
FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020
1 of 2
QUARTERLY REVENUE REPORT
-
As of March 31, 2020
FY20 75% FY20
ORIGINAL YTD % BUDGET REVISED FY21 FY19 FY18
GENERAL FUND BUDGET REVENUES RECEIVED ESTIMATE PROJECTED COMMENTS REVENUES REVENUES
1 Property Taxes $ 14,071,700 $ 14,163,900 100.7% $ 14,163,900 $ 14,162,500 $ 12,923,000 $ 12,714,400
2 Payment In Lieu of Taxes 525,000 544,700 103.8% 544,700 457,600 525,000 350,700
3 Transfer from Electric Fund 10,000,000 6,666,700 66.7% 10,000,000 10,000,000 10,000,000 10,000,000
4 Intrafund Service Receipts Electric 3,912,900 2,364,200 60.4% 3,912,900 3,728,600 3,545,000 3,539,600
5 Transfer from Transfer Tax Fund 1,525,000 1,163,000 76.3% 1,490,000 1,500,000 1,638,500 2,023,100
6 Business Licenses 1,470,000 1,404,500 95.5% 1,414,500 1,470,000 1,437,500 1,473,300
7 Intrafund Service Receipts Water 1,067,800 645,200 60.4% 1,067,800 1,053,300 844,100 836,450
8 Intrafund Service Receipts Wastewater 769,200 464,800 60.4% 769,200 797,000 844,100 836,450
9 Sanitation Fees 3,076,600 2,295,600 74.6% 3,060,800 3,090,600 3,068,400 3,133,400
10 Permits & Other Licenses 1,724,000 1,013,700 58.8% 1,520,600 1,579,000 1,472,100 2,255,300
11 Transfer from Municipal Street Aid Fund 665,300 398,700 59.9% 665,300 750,000 806,300 666,100
12 Fines & Police Revenue 577,400 409,100 70.9% 550,000 572,800 571,500 613,100
13 Police Extra Duty Fees 520,100 256,200 49.3% 281,200 595,000 579,900 517,800
14 Transfer from Police Grant Funds 145,000 65,900 45.4% 145,000 155,000 59,100 123,100
15 Court of Chancery Fees 1,475,000 1,144,300 77.6% 1,475,000 1,650,000 Mar fee not yet received 1,588,100 1,496,500
16 Transfer from Water/Wastewater Fund 1,000,000 666,700 66.7% 1,000,000 1,000,000 1,000,000 900,000
17 Transfer from Civil Traffic Penalties Fund 532,900 286,800 53.8% 410,000 445,000 Feb & Mar ERLSP not yet received 449,400 508,000
18 Library Revenues & County Reciprocal Pymt 384,800 282,100 73.3% 369,000 398,400 410,200 392,100
19 Franchise Fees 645,000 315,800 49.0% 630,000 645,000 Q3 fees not yet received 631,900 656,300
20 General Fund Grant Receipts 543,500 272,800 50.2% 734,500 623,500 635,200 584,800
21 Recreation Revenue 144,500 85,500 59.2% 85,500 135,000 141,400 137,900
22 Other Miscellaneous Receipts 168,000 93,100 55.4% 132,000 135,000 158,000 181,200
23 Interest Income 120,000 73,600 61.3% 120,000 140,000 327,600 202,000
TOTALS $ 45,063,700 $ 35,076,900 77.8% $ 44,541,900 $ 45,083,300 $ 43,656,300 $ 44,141,600
Final Budget $ 43,867,700 $ 42,974,800
Page 100
CITY OF DOVER City Council Meeting
Apr 27, 2020
FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020
2 of 2
QUARTERLY REVENUE REPORT
As of March 31, 2020
FY20 75.0% FY20
ORIGINAL YTD % BUDGET REVISED FY21 FY19 FY18
WATER FUND BUDGET REVENUES RECEIVED ESTIMATE PROJECTED COMMENTS REVENUES REVENUES
1 Water Fees $ 5,530,800 $ 4,234,500 76.6% $ 5,530,800 $ 6,231,700 $ 5,682,000 $ 5,584,500
2 Water Impact Fees 570,000 187,000 32.8% 570,000 570,000 753,200 1,069,700
3 Water Tank Space Leasing 410,200 254,400 62.0% 410,200 420,100 Timing of rent payments 399,800 390,600
4 Interest Income 10,000 41,100 411.0% 41,100 34,000 34,100 19,300
5 Other Miscellaneous Revenues 23,000 19,100 83.0% 23,000 67,800 2,000 22,900
TOTALS $ 6,544,000 $ 4,736,100 72.4% $ 6,575,100 $ 7,323,600 $ 6,871,100 $ 7,087,000
Final Budget $ 6,505,600 $ 6,573,200
75.0% FY20
ORIGINAL YTD % BUDGET REVISED FY21 FY19 FY18
WASTEWATER FUND BUDGET REVENUES RECEIVED ESTIMATE PROJECTED COMMENTS REVENUES REVENUES
1 Wastewater Fees 3,654,700 2,735,500 74.8% 3,654,700 4,467,500 3,720,800 3,612,200
2 Wastewater Adjustment Fees - County Trtmt 3,267,000 2,355,300 72.1% 3,267,000 3,275,100 2,902,900 2,813,900
3 Groundwater Inflow Adjustment 1,841,900 1,367,000 74.2% 1,841,900 2,040,400 1,858,200 1,800,200
4 Wastewater Impact Fees 480,000 183,000 38.1% 480,000 480,000 688,100 962,700
5 Interest Income 10,000 5,000 50.0% 10,000 20,000 21,300 19,300
6 Other Miscellaneous Revenues 23,200 6,800 29.3% 13,600 1,300 10,300 22,900
TOTALS $ 9,276,800 $ 6,652,600 71.7% $ 9,267,200 $ 10,284,300 $ 9,201,600 $ 9,231,200
Final Budget $ 9,261,300 $ 8,865,800
FY20 75.0% FY20
ORIGINAL YTD % BUDGET REVISED FY21 FY19 FY18
ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED ESTIMATE PROJECTED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 82,686,400 $ 60,847,900 73.6% $ 82,686,400 $ 80,417,400 $ 80,706,700 $ 81,494,300
2 Distribution of Earnings (2,873,800) (2,125,500) 74.0% (2,873,800) (3,747,200) (2,839,700) (6,337,100)
3 Utility Tax 1,322,000 942,200 71.3% 1,322,000 1,269,900 1,270,300 1,255,100
4 Miscellaneous Revenue 765,400 850,900 111.2% 850,900 767,000 1,281,500 780,000
5 Interest Income 195,000 226,000 115.9% 226,000 157,400 295,000 218,700
TOTALS $ 82,095,000 $ 60,741,500 74.0% $ 82,211,500 $ 78,864,500 $ 80,713,800 $ 77,411,000
Final Budget $ 84,881,800 $ 75,697,500
Page 101
•
PETITION TO ANNEX AND REZONE PROPERTY
Before the Dover City Council Committee of the Whole – Utility Committee
April 27, 2020
File Number: AX-20-03
Ordinance Number: 2020-07
Applicants: JACJIM, LLC c/o James McLaughlin
Owner of Record: JACJIM, LLC
Property Address: 679 Horsepond Road, Dover DE
Tax Parcel ID #: ED-00-078.00-01-02.02-000
Lot Size: 2.00 acres
Present Zoning: BG (General Business Zone)
Proposed Zoning: C-3 (Service Commercial Zone)
AEOZ (Airport Environs Overlay Zone)
• APZ II (Accident Potential Zone II)
• 70 DNL B (Noise Zone B)
Comprehensive Plan Category 1: High Priority Annexation Areas
Designation:
Comprehensive Plan Industrial
Land Use Designation:
Present Use: Wholesaler
Proposed Use: Wholesaler
Utility Availability: Electric: 679 Horsepond Road is currently served by City of
Dover Electric.
Water and Sanitary Sewer: 679 Horsepond Road is not currently
served by the City of Dover Water or Sanitary Sewer. Water
service is available on the opposite side of Horsepond Road.
Page 102
Sanitary Sewer is available; however, the developer will be
required to tie into a pressure force main that is located within
an easement on the opposite side of Horsepond Road. The
developer will be responsible to provide calculations that the
existing infrastructure can accept the effluent created by this
project. The developer would be responsible to obtain
permission to enter the existing easement and connect to the
pressure force main. Installation of utilities will require
DelDOT approval. The property owner is responsible for any
and all costs associated with extending and providing service to
the proposed development including tapping the water main,
extending and tapping the sewer main, paying impact fees and
obtaining permits.
Staff Recommendation: The Electric Department has no objection to the annexation.
The Department of Public Works has no objection to the
annexation.
Page 103
City of Dover Application No.: AX-20-03
Department of Planning & Inspections
C-3
Maggies Way
C-3
IO
D Dr
MC Site
APZ II
IPM
C-3 Hor
R
ond
sep
d
M
C-3
M Ln
APZ I
g Dr
C- ty
fer
Bulldo
3 Laf R-8
M
Legend
C-3
Subject Property Air Accident Zone
Title: Lands of JACJIM, LLC
Ordinance #: 2020-07 D Dover Boundary D APZ I
Addresses: 679 Horsepond Road D Zoning D APZ II
Parcel ID: ED-00-078.00-01-02.02-000
D Dover Parcels D CZ
Existing Zoning: BG General Business District
Proposed Zoning: C-3 Service Commercial Zone D Kent County Parcels Noise Zones
AEOZ Airport Environs Overlay Zone 65db Area A
2012 Buildings
Owner:
Date:
0 245
JACJIM, LLC
3/23/2020
490 980 Feet
« - SWPOZ Tier 1
--
70db Area B
75db Area C
80db Area D