Page 1
CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, March 22, 2021 at 7:30 PM
Virtual via WebEx
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/47vwmw
Event number: 129 585 8478
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
INVOCATION - Mayor Christiansen
PLEDGE OF ALLEGIANCE - Councilman Anderson
ADOPTION OF AGENDA
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single
roll call vote of the Council. There will be no separate discussion of these items unless a member of
Council so requests, in which event the matter shall be removed from the Consent Agenda and considered
a separate item.
CONSENT AGENDA
ADOPTION OF MINUTES
1. Regular Council Meeting of March 8, 2021
COMMITTEE REPORTS
2. Economic Development Committee Report - February 9, 2021
D Page 1
Page 2
REGULAR CITY COUNCIL MEETING - March 22, 2021 PAGE 2
COMMITTEE REPORTS (Continued)
3. Council Committee of the Whole Report - March 9, 2021
Legislative, Finance, and Administration Committee
4. Evaluation of Proposals - Roof And Gutter Replacement at Weyandt Hall
(Committee recommendation: Award the Roof and Gutter Replacement at Weyandt
Hall to Quality Exteriors, INC. as per the proposal submitted in response to RFP #21-
022FM)
5. Proposed Ordinance #2021-06 Amending Chapter 102 – Taxation, Article IV –
Abatement of Real Estate Taxes, Section 102-113 – 4 Qualifications, (b)(2) – Qualifying
Industry/Businesses by Investment
(Committee recommendation: Adoption of Ordinance #2021-06) (See item #14)
6. Membership – National Community Reinvestment Coalition
(Committee recommendation: That the City Manager and Assistant City Manager
review the membership and proceed with joining)
Parks, Recreation, and Community Enhancement
7. Silver Lake Kayak Launch Project
(Committee recommendation: Approval of the plan for the kayak launch area, as
recommended by Staff)
8. Annual Report from Silver Lake Commission
9. Update on the Request to Delaware Congressional Delegation Regarding Disposition
and Maintenance of Wetland Pond Adjacent to Pat Lynn Drive at the Site of the
Proposed New Middle Schools
10. Presentation - Bayhealth Hospital - Strategic Facilities Master Plan (Mr. John Van
Gorp, Bayhealth Senior Vice President of Planning and Business Development)
11. Presentation - Strategic Framework for Community and Economic Development
(Ms. Georgeanna Windley)
ITEMS NOT ON THE CONSENT AGENDA
12. Dissolution of the Agreement for the Transportation Improvement District
(Staff recommendation: Authorizing the City Manager to execute the proposed Agreement
of Dissolution)
D Page 2
Page 3
REGULAR CITY COUNCIL MEETING - March 22, 2021 PAGE 3
ITEMS NOT ON THE CONSENT AGENDA (Continued)
13. Disposition of City property – Transfer of Property to the State of Delaware
(Staff recommendation: Authorizing the City Manager to execute an Agreement with
the State and to execute a deed of transfer as set forth)
ORDINANCES
FIRST READING - PROPOSED ORDINANCE #2021-06
First Reading is offered on the Proposed Ordinance. Final action by Council will take place during the
Second Reading on April 12, 2021. The ordinance is available on the City's website at
www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or
cityclerk@dover.de.us.
14. Ordinance #2021-06 Amending Chapter 102 - Taxation, Article IV - Abatement of Real
Estate Taxes, Section 102-113 - Qualifications, (b)(2) - Qualifying Industry/Businesses by
Investment.
REZONING REQUEST - FIRST READING OF PROPOSED ORDINANCE #2021-07
The First Reading is offered on the Proposed Ordinance. It is recommended for referral to the Planning
Commission for a public hearing on April 19, 2021 and that a Public Hearing before City Council be
set for May 10, 2021 at 7:30 p.m., at which time the Final Reading and Council action will take place.
The ordinance is available on the City's website at www.cityofdover.com under "Government" or by
contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us.
15. Ordinance #2021-07 - Lands of Silver Linings Holding Corporation at 630 West Division
Street
Review of Rezoning Application for a parcel of land consisting of 1.0853 acres (47,275.3 SF).
The properties are zoned C-3 (Service Commercial Zone) subject to the COZ-1 (Corridor
Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) subject to the
COZ-1 (Corridor Overlay Zone). The property is located on the south side of West Division
Street and opposite the intersection with Ridgely Street.
(Property Owner: Silver Linings Holding Corporation c/o Tolano Anderson. Property Address:
630 West Division Street. Tax Parcel: ED-05-076.08-01-40.01-000. Planning Reference: Z-21-
03. Council District 4.)
CITY MANAGER’S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
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
D Page 3
Page 4
D
Item #1.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held by video conference on March 8, 2021 at 7:30 p.m. with
Council President Hare presiding. Council members present via video or telephone were
Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mr. Robertson, Mr. Hugg, Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present.
INVOCATION
The invocation was given by Councilman Sudler.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Hare.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lindell and carried by
a unanimous roll call vote.
PROCLAMATION - WOMEN’S “HERstory” (HISTORY) MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, this year's theme: "Valiant Women of the Vote: Refusing to Be Silenced" celebrates
the historic achievement in granting women the right to vote and honor those who shaped America's
history and its future through their public service and government leadership. Our history is filled
with examples of the unfailing bravery of women in America who have made vital contributions in
the face of discrimination and hardship; and
WHEREAS, often overlooked and undervalued, collectively women have influenced our public
policy and the building of viable institutions and organizations. They led the way in establishing a
stronger and more democratic country by advocating basic human rights to ensuring access and equal
opportunity for all Americans; and
D
Page 4
Page 5
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 2
WHEREAS, Women as public leaders succeeded against great odds and the diversity of their
experiences demonstrates both the challenges and the opportunities women in public service have
faced. During the pandemic, women continue to lead from vaccine researchers, public health
officials, educators, and countless heroines on the front lines.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim March 2021 as Women's "HERstory" (History) Month in the
City of Dover and encourage all residents to honor and recognize the vital contributions made by
women.
Dedicated to the women who have served on City Council: Ester Frear, Goldie Legates, Holly
Malone, Beverly Williams and Sophia Russell and our newest member, Tricia Arndt.
ANNEXATION/REZONING OF PROPERTY LOCATED AT 228 MIFFLIN ROAD,
OWNED BY DEBORA G. HANSEN
Mr. David Hugg III, Director of Planning and Community Development, reviewed the Petition to
Annex and Rezone property located at 228 Mifflin Road. The Planning Commission recommended
the annexation of the property with the zoning designation of R-8 (One-Family Residence), as
submitted.
Public Hearing - Zoning Classification
Members considered a request for the rezoning of property proposed for annexation located at
228 Mifflin Road, consisting of 0.6087+/- acres, owned by Debora G. Hansen. This property is
currently zoned RS-1 - Residential Single Family (Kent County Zoning Classification) and the
proposed zoning is R-8 (One Family Residence and subject to SWPOZ (Source Water Protection
Overlay zone)(City of Dover Zoning Classification).
(Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council District 1)
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 228 Mifflin Road, owned by Debora G. Hansen.
Council President Hare declared the public hearing open.
Ms. Debora G. Hansen, 228 Mifflin Road, advised that she requested annexation in order to receive
City services.
There being no one else wishing to speak, Council President Hare declared the public hearing closed.
Adoption of Annexation Resolution No. 2020-15
Members considered Annexation Resolution No. 2020-15 for property located at 228 Mifflin Road,
owned by Debora G. Hansen.
D
Page 5
Page 6
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 3
By motion of Mr. Neil, seconded by Mr. Rocha, Council, by a unanimous roll call vote, adopted
Resolution No. 2020-15, as follows:
A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS
OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the
said City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§
101); and
WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include
an area contiguous to the present City limits, and hereinafter more particularly described, within the
limits of the City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all
owners of all property considered for annexation, no election shall be required. For an annexation
petition not requiring an election, such petition shall be processed in accordance with procedures
established for amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All
annexation petitions shall be processed concurrently with the rezoning of the property considered
for annexation and shall be subject to public hearing before City Council. Public notice shall be
completed in accordance with the provisions of the Dover Code relating to amendment of the zoning
map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of
Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their
entirety, shall be annexed to and included within the limits of the City of Dover:
All that certain parcel of land situated in the subdivision known as Atlantic Land C.
Development, East Dover Hundred, Kent County, State of Delaware, being a major portion
of Lot #14 as shown on a plan recorded in Plot Book #3, Page 157, being more recently
shown on a plan of Elliot Surveying Dated 06/04/1988, said plan being an integral part
hereof, said lot lying on the westerly side of Mifflin Road 60 ft. wide and being bounded as
follows: On the North by Lands now or late of Ralph C., Sr. and Dorothy S. Jones on the
East by Mifflin Road, on the South by Lands now or late of Jeff Daniels, Jr., and Audrey O.
Daniels, and on the West by Lands now or late of Eugene B. Gagen; being more particularly
described as follows:
Beginning at a point on the westerly side o Mifflin Road a corner for the lot and Lands of the
said Daniels said point being a found iron pipe located on the following two courses and
distances, as per the above noted Record Plan, from the intersection of the "Old" North Line
of County Road #73 with the westerly line of Mifflin Road, said courses as measured along
D
Page 6
Page 7
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 4
the said side of Mifflin Road: (1) North 9 degrees 30 minutes West 358.1 feet, thence, (2)
By the arc of a circle curving to the left R=1116.3 feet a distance of 441.9 feet to a point, the
point of beginning; thence from the said point of beginning the following six courses and
distances: (1) South 65 degrees 35 minutes west 300 feet measured along line of the said
Daniels Land to a point a found iron pipe in line of lands of the said Gagen, thence with the
same, (2) North 24 degrees 25 minutes West 88.10 feet to a point a found iron pipe a corner
for land of the said Jones, thence with the same, (3) North 65 degrees 35 minutes East 187.15
feet to a point, thence, (4) North 58 degrees 45 minutes East 100 feet to a point a found iron
pipe on the westerly side of Mifflin Road, thence with the same, (5) South 32 degrees 16
minutes 30 seconds East 98.90 feet to a point, thence with the same, (6) By the arc of a circle
curving to the right R=1116.3 feet a distance of 1.90 feet to a point beginning. Containing
within said metes and bounds 0.6087 acres of land more or less, and being #228 Mifflin
Road.
2. That the above described property shall be annexed into the City of Dover with a zoning
classification as set by City Council and in accordance with the zoning map and environs
then in force, effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of this resolution of annexation, together with a plot of the area
annexed, shall be filed for record with the Recorder of Deeds of Kent County.
4. That the effective date of this resolution shall be the 9th day of March, 2021 at 12:01 a.m.
ADOPTED: MARCH 8, 2021
Final Reading/Adoption of Rezoning Ordinance #2020-17
Members considered Ordinance #2020-17, rezoning property located at 228 Mifflin Road, owned
by Debora G. Hansen.
Mr. Neil moved that the Final Reading of Ordinance #2020-17 be acknowledged by title only,
seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance was
accomplished during the Council Meeting of December 14, 2020.)
Mr. Neil moved for approval of the rezoning, as recommended by the Planning Commission.
The motion was seconded by Mr. Taylor and, by a unanimous roll call vote, Council adopted
Ordinance #2020-17, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 228 MIFFLIN ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
D
Page 7
Page 8
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 5
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from RS-1 - Residential Single Family Zone (Kent County zoning
classification) to R-8 - One Family Residence Zone and subject to SWPOZ - Source Water
Protection Overlay Zone (City of Dover zoning classification).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
RS-1 - Residential Single Family Zone (Kent County zoning classification) to R-8 - One
Family Residence Zone and subject to SWPOZ - Source Water Protection Overlay Zone
(City of Dover zoning classification) on that property located at 228 Mifflin Road, consisting
of 0.6087 +/- acres, owned by Debora G. Hansen.
(Tax Parcel: ED-00-076.14-01-08.00-000; Planning Reference: AX-21-01; Council
District: 1)
ADOPTED: MARCH 8, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-01 -
AMENDING THE 2019 COMPREHENSIVE PLAN BY REPLACING MAP 12:1: LAND
DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider Proposed
Ordinance #2021-01 which would amend the 2019 Comprehensive Plan by amending Map 12:1:
Land Development Plan Map by changing the designated Land Use Classification of 1205 McKee
Road from Office to Commercial Low Intensity. (Property Owner: College Towers LLC and
equitable owner Two Farms, LLC; Property Address: 1205 McKee Road; Tax Parcel:
ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Rezoning Ordinance
#2021-04).
Mr. Lindell moved that the Final Reading of Proposed Ordinance #2021-01 be acknowledged
by title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed
Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted
that the Planning Commission recommended approval of the map amendment.
Mr. Hugg advised members that a valid petition had been filed as a part of this process; therefore,
action by City Council will require a 3/4ths affirmative vote for approval.
D
Page 8
Page 9
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 6
Public Hearing
Council President Hare declared the public hearing open.
Mr. Jonathan Street of the Becker Morgan Group, 309 South Governors Avenue, was present
representing the landowner. He advised that the property, which has a commercial low-intensity land
use designation, has sat vacant for some time. Mr. Street described the surrounding area to the South
and East as some commercial, some institutional, and some office land uses. He noted that it would
not set a precedent by changing this land use to a commercial low-intensity use.
Mr. Street noted that his client had a plan and a developer who was willing to develop this piece of
property. He requested that the land use be changed to commercial low-intensity in order to facilitate
that development.
Responding to Mr. Sudler, Mr. Constantine Malmberg, representing the future developer, advised
that the proposed use of the property was a Royal Farms. He noted that the corner had been vacant
for the better part of two decades. Mr. Malmberg stated that the current land use designation is
Office; however, it is a commercial corner by any understanding of the way land develops.
Mr. Malmberg stated that the advent of the POW/MIA highway feeding into Camden has made this
area a significant commercial corridor and leaving it vacant was not a pro-economic development
kind of use for the property.
Mr. Malmberg advised that the state planning office had no objection to the proposed change in the
Comprehensive Plan and noted that all infrastructure necessary for this use was in place. The
Development Advisory Committee (DAC) had no objections and similarly noted that all
infrastructure necessary for commercial development was in place. The planning staff supported the
proposed amendment, as well as the rezoning. Mr. Malmberg reiterated that the Planning
Commission unanimously supported the proposal.
Referring to the petition that was received, Mr. Malmberg stated that Mr. Patel, who has the liquor
store and closed grocery store on the opposite corner, objected to the amendment and got several of
his neighbors to sign his petition although his property has the same zoning that they were
requesting at the same intersection. He suggested that competition across the street was not a reason
to grant or deny a Comprehensive Plan amendment or a rezoning request.
Mr. Malmberg advised that the concern with increased traffic that was raised by Westminster and
Mr. Patel in his petition was not a real concern, noting that it has become much more busy since the
POW/MIA Parkway was completed, but that traffic is not going to be exacerbated by this use. He
stated that he was sure that by the time they got through the site plan requirements they will probably
aid in the traffic flow through that intersection. Mr. Malmberg advised that the proposed use of this
property would serve the existing traffic more than drive new traffic, as the existing use would.
D
Page 9
Page 10
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 7
Mr. Malmberg advised that the Post Acute Medical Center, which is a new facility across the street,
did not really object; they raised some concerns with potential crime in the area. He noted that Royal
Farms had spent a lot of money on high-tech, anti-crime security systems. Mr. Malmberg suggested
that it is better to have an active, open use of that property rather than a vacant three and a half acre
lot in the area.
Mr. Taylor asked what the timeline was for the project. Responding, Mr. Malmberg stated the site
plan approval process in the proposed zoning of C-2A (Limited Central Commercial Zone) and
subject to the COZ-1 (Corridor Overlay Zone) would take at least a year and then the construction
would take another year.
Mr. Taylor noted that concerns were expressed about there being no sidewalks on College Road and
that the area might not be able to handle more traffic. He advised that it is on a future DelDOT
priority list for improvements. Mr. Taylor stated that there would be increased foot traffic and
increased vehicle traffic with people coming in to buy fuel. With reference to the potential traffic
impact, Mr. Malmberg stated that this project had been approved for 40,000 square feet broken down
into four 10,000 square foot office buildings, which would have been medical offices. The relative
uses of those properties are significantly different when it comes to attracting traffic to the area. He
noted that the Royal Farms would serve the existing transient traffic instead of generating new traffic
for medical offices.
Responding to Mr. Lindell, Mr. Malmberg stated that they would most likely have to contribute to
the infrastructure. He referred the question to Mrs. Dawn Melson-Williams, Principal Planner, to
respond as he was unsure of what infrastructure might be necessary in the Corridor Overlay zone.
Mr. Sudler asked if the school behind the proposed project or the Capital School District had
provided input or feedback. Mr. Malmberg replied that they had not heard from either and noted that
there is a big ditch, a fence, and all sorts of other things that impede access through that area;
therefore, the only impact on the school would be traffic. Mr. Hugg advised that the Planning Staff
had not received comments from either the school or the district and that both would have received
notice of the project since they are within 200 feet of the property.
Responding to Mr. Sudler, Mr. Taylor advised that North Dover Elementary serves grades from
pre-K to grade four and the maximum age of the children would be between eight and nine years old.
Mr. Sudler suggested that Staff maybe go the extra mile and reach out if they have a large
population that is being affected.
Mr. Lindell noted that Capital School District would have another opportunity to comment during
the site plan review of the Royal Farms during the Planning Commission meeting. Mr. Hugg advised
that there would be a considerable amount of design and consultation and plan review before they
actually are able to build.
Page 10
Page 11
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 8
Responding to Mr. Sudler regarding existing foot traffic in the area, Mr. Hare noted that when the
Royal Farms was built on Hazlettville Road by the POW MIA highway they were required to install
sidewalks leading to the other neighborhoods so it could be a benefit for the area.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Neil moved for approval of the amendment to Map 12:1: Land Development Plan Map
of the 2019 Comprehensive Plan. The motion was seconded by Mr. Anderson and, by a
unanimous roll call vote, Council adopted Ordinance #2021-01, as follows:
AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING
MAP 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE
CLASSIFICATION OF THE SPECIFIC PROPERTY LOCATED AT 1205 MCKEE ROAD
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies
within the City of Dover, Delaware; and
WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
pursuant to Title 22, Section 702 of the Delaware Code; and
WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
WHEREAS, a property owner has requested an amendment to the Land Development Plan Map
(Map 12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
(Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
Planning Commission made a recommendation in regard to this amendment to the Land
Development Plan related to the specific property.
WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change
the Land Use Classification of the property on the Land Development Plan Map (Map 12-1) as
described below.
Page 11
Page 12
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 9
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1) That from and after the passage and approval of this ordinance, that Map 12-1: Land
Development Plan Map of the City of Dover has been amended by changing the designated
Land Use Classification from Office to Commercial Low Intensity for a parcel located at the
northeast corner of McKee Road and College Road, known as 1205 McKee Road.
(Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee
Road; Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01).
BE IT FURTHER ORDAINED:
That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
Classification of the property shall be made to Map 12-1: Land Development Plan of the 2019
Comprehensive Plan.
ADOPTED: MARCH 8, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-02
AMENDING THE 2019 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING MAP
12:1: LAND DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider Proposed
Ordinance #2021-02 which would amend the 2019 Comprehensive Plan by amending Map 12:1:
Land Development Plan Map by changing the designated Land Use Classification of 92 North West
Street and an adjacent unaddressed parcel on Fulton Street from Industrial to Mixed Use.
(Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North West Street
and unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000;
Planning references: MI-21-01B and Z-21-02; Rezoning Ordinance #2021-05).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-02 be acknowledged by
title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed
Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted
that the Planning Commission recommended approval of the map amendment.
Public Hearing
Council President Hare declared the public hearing open.
Mr. Jonathan Street of the Becker Morgan Group, 309 South Governors Avenue, was present
representing the landowner, Mr. Donny Legans. He stated that the request for a Mixed-Use land
designation was appropriate for the area, noting that the property was two industrial parcels located
along the rail line and within the Downtown Development District consisting of less than an acre.
Page 12
Page 13
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 10
Responding to Mr. Rocha, Mr. Street advised that the proposed project is for an open-air type beer
garden/ restaurant which would contain parking and other site improvements necessary to sustain
the business. He noted that the Mixed-Use land designation would allow for the zoning being sought.
Ms. Theo Braunskill, 91 North West Street, stated that she lives across the street from the property
at the corner of West Street and Fulton Street. She advised that her family had been in the
neighborhood for over a hundred years and that they basically own the entire 500 block of Fulton
Street. Ms. Braunskill advised that they were in support of the new facility, noting that they have had
their share of slum lords, drugs, and the eyesore of the recycle facility and it was time for them to
get something new and different. She also noted that they have experienced some new housing in
their community that has increased their property values and they were looking forward to something
that would be a positive influence on the community.
Ms. Linda Parkowski, Executive Director of the Kent Economic Partnership, advised that she
initially had very strong feelings against rezoning industrial lands along the rail line for different
uses. She noted that, after listening to the testimony at the Planning Commission, she realized that
Dover really did need something like this to jumpstart Downtown Dover. Ms. Parkowski also stated
that since the parcel is very small along that rail line, it probably would not be used for another
industrial use.
Mr. Chazz Salkin advised that he was a neighbor several blocks to the east of the subject property
and that he and his neighbors were very excited about the prospect of some type of a food service
facility and a general improvement to their neighborhood. He stated that he supported the application
and that he was not aware of anyone in his immediate area who did not.
Mr. Todd Stonesifer stated that he was in support of this new endeavor and the zoning change that
was required to do it.
Mr. Cameron Llewellyn stated that he was in support of the project because the area is the gateway
into Downtown Dover and he felt that a vibrant, active venue there would tell people that they had
arrived in Downtown Dover and that is where the fun starts.
Mr. Sudler asked if Solid Rock Baptist Church had commented on the proposal. Responding,
Mr. Rocha advised that he had spoken with Pastor Grimes and he was also in favor of it. Pastor
Grimes advised Mr. Rocha that he had spoken with the IMA to see if they had any disagreements
with it and they did not.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Rocha moved for approval of the amendment to Map 12:1: Land Development Plan Map
of the 2019 Comprehensive Plan. The motion was seconded by Mr. Sudler and, by a
unanimous roll call vote, Council adopted Ordinance #2021-02, as follows:
Page 13
Page 14
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 11
AN ORDINANCE AMENDING THE 2019 COMPREHENSIVE PLAN BY AMENDING
MAP 12-1: LAND DEVELOPMENT PLAN BY CHANGING THE LAND USE
CLASSIFICATION OF THE SPECIFIC PROPERTIES LOCATED AT 92 NORTH WEST
STREET AND AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies
within the City of Dover, Delaware; and
WHEREAS, the City Council of the City of Dover, on January 13, 2020, following the
recommendation of the City of Dover Planning Commission, adopted the 2019 Comprehensive Plan
pursuant to Title 22, Section 702 of the Delaware Code; and
WHEREAS, the Honorable John Carney, Governor of the State of Delaware, certified the 2019
Comprehensive Plan to be effective as of January 13, 2020 by letter of March 10, 2020; and
WHEREAS, the 2019 Comprehensive Plan allows for an annual amendment process; and
WHEREAS, a property owner has requested amendments to the Land Development Plan Map (Map
12-1) in accordance with the process set forth in the 2019 Comprehensive Plan; and
WHEREAS, the Planning Office has prepared this amendment to the Land Development Plan Map
(Map 12-1) for review as part of the Comprehensive Plan Amendments 2021; and
WHEREAS, the Planning Commission held a public hearing on February 16, 2021, after which the
Planning Commission made a recommendation in regard to this amendment to the Land
Development Plan related to the specific properties.
WHEREAS, it is deemed in the best interest of zoning and planning in the City of Dover to change
the Land Use Classification of the properties on the Land Development Plan Map (Map 12-1) as
described below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1) That from and after the passage and approval of this ordinance, that Map 12-1: Land
Development Plan Map of the City of Dover has been amended by changing the designated
Land Use Classification from Industrial to Mixed Use for two parcels located adjacent to the
east side of the railroad corridor along North West Street between Fulton Street and Cecil
Street, known as 92 North West Street and an adjacent unaddressed parcel on Fulton Street.
(Property Owner: Donny Legans (Former Owner: Southern States Coop Inc.); Property Addresses: 92 North
West Street and an adjacent unaddressed parcel on Fulton Street; Tax Parcels: ED-05-076.08-01-16.00-000 and
ED-05-076.08-01-44.00-000; Planning References: MI-21-01 and Z-21-02)
Page 14
Page 15
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 12
BE IT FURTHER ORDAINED:
That upon final action to adopt this ordinance, the amendment as approved changing the Land Use
Classification of the properties shall be made to Map 12-1: Land Development Plan of the 2019
Comprehensive Plan.
ADOPTED: MARCH 8, 2021
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-03
AMENDING THE 2019 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING MAP
12:1: LAND DEVELOPMENT PLAN MAP
A public hearing was duly advertised for this time and place to consider Proposed
Ordinance #2021-03 which would amend the 2019 Comprehensive Plan by amending Map 12:1:
Land Development Plan Map by changing the designated Land Use Classification of 1365 North
DuPont Highway Lot 1 and Lot 2 from Commercial High Intensity to Mixed Use.
(Property Owner: Dover Power Center LLC (Dover Mall LLC c/o Simon Property Group); Property Address: 1365
North DuPont Highway Lot 1 and Lot 2; Tax Parcels: ED-02-057.00-01-14.04-000 and ED-02-057.00-01-14.05-000;
Planning reference: MI-21-01C).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-03 be acknowledged by
title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the Proposed
Amendment to Map 12:1: Land Development Plan Map of the 2019 Comprehensive Plan. He noted
that the Planning Commission recommended denial of the map amendment.
Public Hearing
Council President Hare declared the public hearing open.
Responding to Mr. Sudler, Mr. Hugg advised that the main opposition to the request was from
neighboring Dover International Speedway. They were concerned that a change to a Mixed Use
category would allow some housing development. Mr. Hugg stated that there is a long history of
concern with residential development in the immediate neighborhood that was disturbed by the
activities at the Speedway and Firefly. He noted that they were primarily concerned about the
potential for introducing land uses in the area that might result in people being bothered by noise and
traffic.
Mr. Sudler asked what concerns Staff had. Mr. Hugg advised that Staff recommended to the
Planning Commission that the request be approved because in our view, working with the mall and
looking at commercial development across the country, traditional malls are rapidly being
redeveloped into town centers, lifestyle centers, and areas where there are activities other than
shopping. Mr. Hugg stated that they felt that the original proposal that resulted in this being
Page 15
Page 16
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 13
designated for high-intensity commercial was probably not a contemporary concept, and the change
would give the mall owners and the property owners involved much greater flexibility. Mr. Hugg
advised that the Planning Commission felt that there were considerable issues involved in the
objections of Dover International Speedway.
Mr. Sudler relayed concern with the noise and potential complaints from the nearby housing
developments. Mr. Hugg noted the adverse impact of the races and the Firefly Festival on the
neighborhoods surrounding them. He advised that the original concerns involved residential
properties that were immediately adjacent to Dover International Speedway that the Speedway has
acquired over the years to minimize that adverse impact.
Mr. Neil expressed concern with the wetlands in the area and the problems that the noise causes for
people who would be moving in, including Wild Meadows, Persimmon Tree Apartments, and the
Persimmon Tree development. Mr. Hugg advised that there are a number of wetlands on the property
and, under city ordinance, they would not be allowed to be developed. He noted that the wetlands
issue would be resolved during the plan development process. Mr. Gregory Moore of the Becker
Morgan Group advised that they had done wetland delineations for each of the two parcels and there
is a considerable amount of upland in these areas for development. He noted that number of the acres
are currently used for parking facilities for Dover International Speedway, but as the Speedway has
experienced less demand, they have had less use in the back of the mall for those purposes.
Mr. Taylor asked for a description of the possible buffer.
Mr. Taylor advised that he had major concerns with the proposal. He noted that, from a business
perspective, Dover Downs brings a lot of jobs to the area and they have spent a lot of money in an
effort to eliminate some of the problems that the homeowners have experienced. Mr. Taylor stated
that additional houses in that area would affect their business model.
Mr. Moore advised that the retail marketplace has changed drastically in the last 10 years and, more
specifically, in the last few years due to the Internet and companies like Amazon that are hurting
malls nationwide.
Mr. Moore, noting that they were requesting a Mixed Use land designation, advised that under the
current zoning and land use, it is only retail and strong retail and the mixed use would allow medical,
office, residential, and other opportunities. Mr. Moore provided a PowerPoint presentation depicting
the proposal (Exhibit #1).
Mr. Moore stated that the site consists of 83 acres located behind the mall and Dover mall needs as
much traffic as possible. He referenced Planning Staff’s recommendation that "staff supports the
change to the land use classification of mixed use for lots one and two for the Dover mall" noting
that traditional shopping centers and malls are needing to evolve to create town centers and lifestyle
centers, where a mix of shopping, office, and residential users can all be found. Mr. Moore noted that
they believe that is the key to keeping the mall vibrant.
Page 16
Page 17
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 14
Mr. Moore advised that the number of jobs and the impact that the Dover mall has on the community
should not be underestimated. He stated that, over the last five years, they have proposed major
shopping facilities for the back two acres and have been unable to get any tenants to locate there.
Mr. Moore also advised that the owners have spent over $2 million trying to locate retail tenants for
the property.
Mr. Moore stated that they were willing to plant a buffer with a fence as a physical separation
between the Dover International Speedway and the mixed use facility that would be behind the mall.
He noted that they met with Dover International Speedway and offered the buffer to them directly.
Referencing the City’s Airport Environs Overlay Zone ordinance related to the fly zones, Mr. Moore
stated that they were proposing noise reduction design in the facilities that are built in the back of
the mall so that the occupants of those facilities would not hear the track or traffic on Route 1.
Responding to Mr. Taylor, Mr. Moore advised that they had worked on a proposed interchange off
of Route 1; however, it is very difficult to gain approval and they were no longer proposing the
interchange.
Mr. Steve Shea with Simon Property Group, representing the Dover mall, stated that he supported
the proposal. He advised that the retail landscape has changed and the mall, which was built 40 years
ago, has almost 900,000 square feet and four department stores. Mr. Shea noted that the trends of
the industry have changed and there are far fewer department stores now than there were 10 years
ago through consolidation. The shopping experience now begins almost always with some electronic
component and the logistics have caused those retailers that they lease to, to require far less space.
Mr. Shea stated that, as a company, they have a hundred malls across the United States and they have
been diversifying their uses into a broad mix, not just to diversify the economics behind the business,
but because they have found the mix of uses make each other stronger. He noted that adding a hotel
to a mall is good for the hotel and for the mall. Adding the restaurants and residential is also good
for both. Mr. Shea stated that they considered adding residential 10 or 15 years ago and people said
"Who would want to live at a mall?". He advised that a lot of people do want to live at the mall
because it is convenient, it is a place for the people who work at the mall to live, and it is a place for
the people who otherwise just live there to shop and to dine. It is fewer cars on the road and it makes
for a more vibrant experience for all of those uses. Mr. Shea stated that they have six locations in
their portfolio where they have added residential onsite and, while that is not the proposal here, it
is for these mix of uses to be built adjacent.
Mr. Shea stated that the mall is heavily dependent on and built around a retail core and 80 acres of
grass is not a great neighbor to continue with the retail viability. He stated that they would like some
economic development and to have some complimentary uses.
Mr. James Tancredi of DSM Commercial, 3 Pintail Court, Middletown, Delaware, stated that he has
been in charge of marketing the property for approximately five years and the intent was to develop
a 500,000 or 600,000 square foot power center on the property. Initially there was significant interest
from retailers across the country but as time wore on there were changes in the market that inevitably
Page 17
Page 18
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 15
created some pitfalls for the retail market. First was Amazon and other online shopping platforms
that stole quite a bit of business from these retailers that would end up in the proposed shopping
center and then, in the last 12 months or so, the virus obviously has caused issues from an in-person
shopping perspective. Mr. Tancredi stated that they have had no success in securing any big box
tenants for a proposed power center behind the mall.
Mr. Denis McGlynn, president and CEO of Dover Motor Sports Inc., the parent company of Dover
International Speedway, 1131 North DuPont Highway, stated that Dover International Speedway
adjoins this parcel of land and they consider the mall a good neighbor. He noted that they consider
Mr. Moore a good friend and a business associate. Mr. McGlynn stated that they have a disagreement
on the use of that parcel bringing more enemies for the speedway.
Mr. McGlynn noted that Route 13 is clearly a commercial corridor and Dover's Comprehensive Plan
has reserved this corridor accordingly with ample provisions for residential development to occur
elsewhere. Noting that their business is motor sports and the fifth largest music festival in the
country, he advised that they are two uses that are not compatible with residential neighbors.
Mr. McGlynn stated that they have been operating at that location for 50 years and their first 25 or 30
years were largely years of conflict with more than two dozen neighbors who lived in close
proximity to the track. He advised that it took decades and millions of dollars to buy out those
property owners so that they could live in relative harmony with the community. Mr. McGlynn felt
that adding 700 residential units right next to them would create new opponents and, ultimately, they
are going to have to deal with them at the speedway and at the City. Mr. McGlynn requested
members of Council to support the Planning Commission's recommendation to deny the request.
Referring to the proposed buffer, Mr. McGlynn stated that at the north end of the speedway there is
a 30 foot, or three story tall, grandstand and no amount of trees or walls will block the noise. He
noted that history is full of stories about speedways all around the country that have been shut down
by nearby residential development and they do not want Dover International Speedway to be one of
those in that history.
Mr. McGlynn, noting that Mr. Moore is the chairman of the Kent Economic Partnership and he is
the vice chairman, stated that nobody wants economic development more than the two of them. He
advised that the Greater Kent Committee engaged the Rockport Analytics Group a couple of years
ago to study conditions in Kent County and recommend industry sectors that should be pursued from
an economic development standpoint, based on what Kent County has to offer. Their analysis
revealed, among other things, that Kent County businesses are experiencing a shortage of trucking,
warehouse and logistics options, and their recommendation was for them to pursue those
opportunities. Mr. McGlynn stated that many malls around the country are converting their
operations to warehousing and distribution centers, which would be a perfect commercial use to be
a neighbor to Dover International Speedway along route 13, a major high density commercial
corridor.
Mr. Leonard Iacono, 1702 North Park Drive, unit 44, Wilmington, Delaware, stated that he was a
rather large property owner in Dover and he recently developed Capital Station. He stated that he
Page 18
Page 19
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 16
could attest to the fact that the retail sector, regardless of where it is located, on 13 or otherwise, in
Dover is saturated. Mr. Iacono noted that Capital Station is approximately 65,000 square feet and
is about 30% unleased although he has been actively looking for tenants for the past two years.
Mr. John Viglianti, 15006 Carrolton Road, Rockville, Maryland, stated that he was in favor of the
Comprehensive Plan amendment because without the change, the property will continue to sit
vacant. He noted that mixed use allows for future development and the ability to make the land
valuable and prosperous for the City. Mr. Viglianti stated that if the City wants this land to become
viable and paying taxes and become a working parcel that will help the City and the mall, it needs
to at least be changed in the Comprehensive Plan so that process can be undertaken.
Mr. Neil read the following statement into the record:
“Statement on Ordinance 2021-3 by Fred Neil, 3rd District
The Planning Commission turned down 2021-3 and I will also vote No in spite of the
recommendations of our own Planning Staff and excellent work done by the much admired
Becker-Morgan staff.
There were very perceptive exchanges in the Planning Commission meeting between Mrs. Lord and
Mr. Hartman that involved the human elements that do not show up in the intent of the Land
Development Plan Map Amendments to the 2019 Comprehensive Plan. I live what they discussed.
As long as this proposal contains Housing, I will vote NO on these zoning changes to these 2 parcels.
Commercial, health, warehouse, offices, or manufacturing, by all means.
My home is in Wild Meadows, a 55 plus leased land community across from the Firefly Festival
grounds. My wife and I were promised a Country Club living style in retirement. Of course, I haven't
really retired. I do live on an island surrounded with drainage ditches, which fill with water when
it rains.
As a necessity, there are drains throughout the community. Thanks to a poorly written State law, this
so called safety net, has proven very costly to the tenant home owners who pay for the recurrent
repairs on land we do not own, caused by ground water in this non-wetlands community.
When we bought and waited for our customized home to be built, we were aware of NASCAR. We
took photos of the Wall to Wall RVs which we sent to family. Then, we experienced the noise,
crowds, traffic, and detours as well as loud traffic from Route 1, & the Dover Air Force Base Fly
Overs. Next up came the Firefly Music Festival, which does not cater to the Glenn Miller crowd .
As President of my HOA for 11 years, the complaints outlined in the letter by Mr McGlynn came
to me.
What I heard was, ‘Why do we have to have these events!’
Page 19
Page 20
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 17
As an elected official, I recognize the economic pistons that NASCAR and Firefily are. We could
not buy the national spotlight on Dover that NASCAR brings in Sports, or Firefly, in the
Entertainment Circles. Dover Motor Sports & the producer of Firefly have been good neighbors....
and bring a significant flow of money to Dover and Delaware. But, both events bring noise and a
disruption to our lives.
As an aside I mention a cottage industry, known as Afterfly, just east of the Dover border, that until
Covid temporarily shut it down, has grown to 3 weekend sleep-over events a year, of 24/7 Lights,
loud music and traffic problems. The loud music does not respect the City border and penetrates the
homes in my community and is cruel and unusual punishment for the neighbors.
Kent County doesn't recognize it as a nuisance business, that it is, in spite of efforts by
Commissioner Angel to curb it more effectively.
Our customized homes cost between $120,000 to more than $200,000 in 2003 to 2005 when new.
The official Dover City assessments, show values of these homes have dropped 55% to 65% as of
2020. This is the ‘unintended consequence’ if these proposed residences are domiciles to be bought.
The first residents of the housing, apartments or homes bought, may or may not be aware of the noise
and the disruption to their lives. The second wave may not realize what they are getting into until
they are legally hooked. Will they beat the drums to shut down NASCAR & Firefly?
I will not sandbag future residents, but I will be happy to view a new plan without housing."
Mr. Herb Miller, chairman of Western Development, advised that he had built over 20 million square
feet of shopping centers and is part owner of Dover Mall. Responding to Mr. Miller, Council
President Hare advised that Dover International Speedway holds one race per year. Mr. Miller noted
that they have offered a 200-foot planted buffer from this site and he felt that, with one event a year,
there would not be complaints from their users.
Mr. Neil invited Mr. Miller to stay at his house during NASCAR and Firefly and then tell him that
the noise does not affect you. He said that the noise and traffic associated with both events are
throughout Dover.
Mr. Taylor stated that he was a Dover police officer for 20 years, from 1990 to 2010, and confirmed
that Councilman Neil's assessment of the noise and traffic was 100% accurate. He also noted that
Mr. McGlynn’s description of the early years was extremely accurate. Mr. Taylor advised that there
were numerous calls at all hours of night about the noise, the pedestrian traffic, the music, and the
dust. He stated that there are a myriad of problems that come along when you bring residents in the
close proximity of aa international speedway. Mr. Taylor also noted that, although there is now only
one race, Firefly is for a whole weekend, almost a whole week, with a lot of pedestrian traffic, and
adding housing will be asking for a ton of problems.
Page 20
Page 21
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 18
Mr. Anderson advised that the current request was for a change in the land use designation and the
rezoning would be at a later date. He noted that Dover Downs or others could file a petition in
opposition to the rezoning. Mr. Hugg relayed that a rezoning application would go through the
Development Advisory Committee (DAC) and the Planning Commission for a public hearing. He
noted that if a sufficient number of property owners within the limited distance provided in state law
were to file a petition in opposition, then Council would have to meet the three quarters vote
requirement.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Anderson moved for approval of the amendment to Map 12:1: Land Development Plan Map of
the 2019 Comprehensive Plan. The motion was seconded by Mr. Slavin and failed by a unanimous
roll call vote.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-04 -
REZONING REQUEST FOR PROPERTY LOCATED AT 1205 MCKEE ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 1205 McKee Road, consisting of 3.46 +/- acres, owned by College Towers LLC (equitable
owner is Two Farms, LLC). The property is currently zoned CPO (Commercial and Professional
Office) and subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited
Central Commercial) and subject to the COZ-1 (Corridor Overlay Zone). This rezoning is associated
with a Comprehensive Plan Amendment Request MI-21-01A for Consideration of Amendment to
Map 12-1: Land Development Plan Map.
(Property Owner: College Towers LLC and equitable owner Two Farms, LLC; Property Address: 1205 McKee Road;
Tax Parcel: ED-05-067.00-02-51.00-000; Planning references: MI-21-01A and Z-21-01; Council District 4)
Council President Hare reminded members of the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com
under “Government.”
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-04 be acknowledged by
title only, seconded by Mr. Taylor and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. Dave Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the rezoning was associated with Comprehensive Plan amendment request M-21-01A. He also noted
that valid petition had been received; therefore, a three fourths vote would be required for approval.
Mr. Hugg advised that the Planning Commission recommended approval of the rezoning request.
Page 21
Page 22
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 19
Public Hearing
Council President Hare declared the public hearing open.
Mr. Constantine Malmberg advised that he was present to answer any questions.
There being no one else present wishing to speak, Council President Hare declared the hearing
closed.
Mr. Neil moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Rocha and, by a unanimous roll call vote,
Council adopted Ordinance #2021-04, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 1205 MCKEE ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from CPO (Commercial and Professional Office Zone) and subject to the
COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the
COZ-1 (Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
CPO (Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor
Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the COZ-1
(Corridor Overlay Zone) on that property located at 1205 McKee Road (located at the
northeast corner of McKee Road and College Road), consisting of 3.46 +/- acres , owned by
College Towers LLC and equitable owner Two Farms, LLC.
(Tax Parcel: ED-05-067.00-02-51.00-000; Planning References: MI-21-01A and Z-21-01; Fourth Council
District)
ADOPTED: MARCH 8, 2021
Page 22
Page 23
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 20
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-05 -
REZONING REQUEST FOR PROPERTY LOCATED AT 92 NORTH WEST STREET AND
AN ADJACENT UNADDRESSED PARCEL ON FULTON STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 92 North West Street and an adjacent unaddressed parcel on Fulton Street, consisting of
0.82+/- acres, owned by Donny Legans. The property is currently zoned M (Manufacturing) and the
proposed zoning is C-2A (Limited Central Commercial). This rezoning is associated with a
Comprehensive Plan Amendment Request MI-21-01B for Consideration of Amendment to Map
12-1: Land Development Plan Map.
(Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B and
Z-21-02; Fourth Council District)
Council President Hare reminded members of the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers or on the City’s website at www.cityofdover.com
under “Government.”
Mr. Neil moved that the Final Reading of Proposed Ordinance #2021-05 be acknowledged by
title only, seconded by Mr. Rocha and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of January 25, 2021.)
Planner's Review
Mr. Dave Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the Planning Commission recommended approval of the rezoning request.
Public Hearing
Council President Hare declared the public hearing open.
Mr. Anderson stated for the record that proper safeguards should be put in place to prevent noise and
activity from disrupting the neighborhood. He reminded members of the previous institution that
served alcohol and was not a great mix in the neighborhood. Mr. Anderson stated that the
neighborhood has become a very good place to live and he wanted to make sure it stays that way.
There being no one else present wishing to speak, Council President Hare declared the hearing
closed.
Mr. Rocha moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Taylor and, by a unanimous roll call vote,
Council adopted Ordinance #2021-05, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 92 NORTH WEST STREET AND AN ADJACENT UNADDRESSED
PARCEL ON FULTON STREET
Page 23
Page 24
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 21
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from M (Manufacturing Zone) to C-2A (Limited Central Commercial
zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
M (Manufacturing Zone) to C-2A (Limited Central Commercial) on that property located at
92 North West Street and an unaddressed Parcel on Fulton Street (located adjacent to the east
side of the railroad corridor along North West Street between Fulton Street and Cecil Street),
consisting of 0.82 +/- acres, owned by Donny Legans.
(Tax Parcels: ED-05-076.08-01-16.00-000 and ED-05-076.08-01-44.00-000; Planning References: MI-21-01B
and Z-21-02; Fourth Council District)
ADOPTED: MARCH 8, 2021
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 22, 2021
The Minutes of the Regular Council Meeting of February 22, 2021 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - FEBRUARY 23, 2021
The Council Committee of the Whole Meeting was held by video conference on
February 23, 2021 at 6:00 p.m., with Council President Hare presiding. Members of
Council present via video or telephone were Mr. Anderson (arrived at 6:05 p.m.),
Mr. Sudler, Mr. Neil, Mr. Slavin (departed at 7:55 p.m.), Mr. Rocha, Mr. Taylor, and
Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their
Committee meetings were Mr. Shelton (arrived at 6:12 p.m.) (Safety Advisory and
Transportation), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock (arrived
at 6:23 p.m.) (Legislative, Finance, and Administration).
Mr. Taylor requested the agenda be amended by holding the Safety Advisory and
Transportation Committee meeting after the Utility Committee meeting.
Mr. Hare requested that item #7 - Segal Waters Consulting - Classification,
Compensation and Benefit Study be removed from the agenda, referred back to Staff
and re-scheduled at a later date.
Page 24
Page 25
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 22
Mr. Neil moved for adoption of the agenda, as amended, seconded by
Mr. Lindell and unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
Adoption of Agenda
The agenda was adopted by unanimous consent.
Street Sweeping Operations and Enforcement (Actionable Item)
Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis
regarding the Street Sweeping Operations and Enforcement.
Staff recommended approval of the proposed changes to the Annual Street Sweeping
and Leaf Collection plans with service and enforcement suspended from January 15
- March 15, annually.
Responding to Mr. Taylor, Mrs. Duca stated that the street sweeping debris is taken
to the landfill and it is paid by the ton, the same as the sanitation rates. Regarding wet
material, Mrs. Duca noted that the material is taken to a temporary staging area at
Schutte Park until they have enough material to take to the landfill and that allows
it a period to dry out.
Responding to Mr. Taylor, Mrs. Duca advised that branches and debris are not mixed
with the street sweeping debris. They have to test the street sweeping debris to make
sure it is acceptable for the landfill.
Responding to Mr. Anderson, Mrs. Duca stated that they would want to start
advertising the proposed changes to the Annual Street Sweeping and Leaf Collection
as soon as possible in order to make the public aware of it. She noted that they were
also looking into updated signage, so it is a process they will work on the whole year
to get the word out so people understand the revised schedule. Mr. Hare suggested
adding a notice to the bottom of the "No Parking" signs.
Mr. Randy Robertson, City Manager, noted that they would be starting the
replacement heads and LEDs in the downtown area. Mr. Paul Waddell, Electric
Director, advised that it was roughly 618 lights in the downtown area and would take
approximately four weeks.
Responding to Mr. Taylor, Mr. Waddell stated that they were going to start on Mary
Street but he would have a better plan the next day. He advised that they had some
limitations because some of the streets are state-owned and they need to coordinate
with the Delaware Department of Transportation (DelDOT). Mr. Waddell stated that
Page 25
Page 26
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 23
it was not going to be in a streamlined pattern, but he believed it would start up Mary
Street and go down Water Street, then State Street over to North West Street. He
stated that he could share a map with Committee members after the meeting. (City
Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric Director,
provided a map regarding the lighting upgrades.)
Responding to Mr. Anderson, Mr. Waddell stated that they could put this information
on the City's website.
Responding to Mr. Sudler, Mr. Waddell stated that New Street, Reed Street, and
Queen Street were all in the high priority area and would be covered during this
project. He noted that he would have a better answer to the projected date the next
day.
Responding to Mr. Sudler regarding starting in high crime areas, Mr. Waddell stated
that they were going to coordinate with DelDOT and get permits for along Division,
State and Loockerman Streets. He advised that those streets are going to take more
coordination, but that they have free rein to start anywhere they want.
The motion to recommend approval of the proposed changes to the Annual
Street Sweeping and Leaf Collection plans with service and enforcement
suspended from January 15 - March 15, annually, as recommended by Staff,
was approved by unanimous consent.
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. Neil moved for adjournment of the Utility Committee meeting, seconded by
Mr. Sudler and unanimously carried.
Meeting adjourned at 6:13 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Page 26
Page 27
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 24
Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization
(MPO) Projects (Informational Item)
Mr. Jim Galvin, Principal Planner, and Ms. Marilyn Smith, Executive Director, with
the Dover/Kent County Metropolitan Planning Organization (MPO), provided a
quarterly briefing on Dover/Kent County MPO Projects.
Responding to Mr. Taylor regarding the widening of US-13 from Puncheon Run to
Woodside, Mr. Galvin stated that both the shoulder and the median would be
widened.
Mr. Neil stated that when Mr. Anderson came up with the genius idea of White Oak
Road, it had nothing to do with how much traffic was going in there, but if they had
that connector, they were talking economic development. He stated that the White
Oak connector had become extremely important to the City. Mr. Galvin noted that
the air cargo facility study that is being done by Century Engineering was expanded
when both the City and the County suggested a connection between the air cargo
facility and Garrison Oak. He advised that Century Engineering is also looking at a
possible connector between South Little Creek Road and White Oak Road.
Responding to Mr. Rocha, Mr. Galvin stated that the Delaware Department of
Transportation (DelDOT) sites that the roundabout on Mifflin Road is not really a
roundabout because it is too small. He advised that the roundabout near Chestnut
Grove Road will be similar in size to the roundabouts outside of Middletown and
considerably larger than the Mifflin Road roundabout.
Responding to Mr. Rocha, Mr. Galvin stated that there would be pedestrian
improvements and bike lanes on Kenton Road and that construction would be during
FY25. Mr. Galvin stated that the only thing currently in the CTP for the pedestrian
improvements on College Road was money for up to and including the right-of-way
acquisition. Mr. Galvin stated that he would expect any kind of construction for
College Road to be after 2027.
Mr. Anderson stated that economic development is vital and is going to be important
for not only Garrison Oak, but for Kent County Aeropark as well. He noted that they
are top economic priorities for the state partnership and that the infrastructure is
necessary if they are going to be top priorities. He encouraged the abandonment of
the Forest Avenue and Loockerman Street roundabout.
Mr. Anderson stated that an existing bike lane was added, which works very well on
most of Forest Avenue because the sidewalks were widened to be multimodal
transportation and to connect to West Street, but there is a small section where,
instead of widening the sidewalk, delineators were added. Mr. Anderson stated that
it takes it off the multimodal walk and onto the road, but that it has not worked well.
Mr. Anderson asked if there would be any objection, or if it would contradict any
Page 27
Page 28
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 25
plans the MPO has, if they sought to get that sidewalk widened so that it is
consistent, even if they sought other monies to do it. Responding to Mr. Anderson,
Mr. Galvin stated that it does not contradict any plans the MPO has. He noted that
the work was performed by DelDOT and their bike and pedestrian coordinators
contracted people. Mr. Galvin stated that he knows that the City has expressed their
dissatisfaction with some of that area, but he had not heard of anything coming out
of that yet. He noted that they may be able to arrange a meeting with the bicycle
facility contractors at DelDOT to see if something could be done.
Responding to Mr. Anderson, Mr. Galvin stated that there is a Dover Transit Center
on the corner of Water and Queen Street. He advised that it is not the center that is
due for improvements. Mr. Galvin noted that there was also a transit facility down
on Public Safety Boulevard that is going to have improvements.
Responding to Mr. Rocha regarding the College Road improvements projected for
2027, Mr. Galvin stated that he was not aware of any traffic studies done on College
Road itself. He advised that the improvements that are anticipated are curb, sidewalk,
and environmental improvements.
Mr. Rocha recommended that they look into the study. He noted that they have had
accidents on College Road recently and that the traffic is heavy passing through
Saulsbury Road to Kenton Road. Mr. Rocha stated that he thought people were trying
to bypass lights and that there is no shoulder. Responding, Mr. Galvin stated that they
took a tour there a couple of years ago looking at potential bike improvements and
that the right-of-way is thin and does not offer opportunity for shoulders. He noted
that he would bring that up to DelDOT.
Mr. Sudler advised that they had asked for a study pertaining to College Road and
Kenton Road a few years prior. Mr. Slavin noted that he recalled the conversation
and that it had to do with improving the safety of the road, including widening the
shoulders that were going in on Kenton Road. He stated that what came back was to
widen the shoulders and put sidewalks on both sides so that pedestrians and bicycle
traffic are off the road. Mr. Slavin noted that there was pushback from the property
owners who would be responsible for clearing those sidewalks, but he was not sure
what the status was. Mr. Sudler requested that they look into the concerns or that
report.
Mr. Lindell advised that when he was elected, he and former Councilman Tanner
Polce were approached by the Mr. Jim Hosfelt, former Councilman and Kent County
Levy Court Commissioner, about issues along that corridor. He noted that he did not
know if there was ever a study done because he thought DelDOT already had plans
in the works for improvements along that road. Mr. Lindell stated it drew more
attention to it where they were able to bump it up on the priority list.
Page 28
Page 29
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 26
Responding to Mr. Taylor, Mr. Galvin stated that there have been no solid
conversations about passenger rails in Dover. He noted that they keep hearing that
it is not viable.
Community Update (Ms. Lachelle Paul, Criminal Justice Committee Chair,
National Association for the Advancement of Colored People (NAACP)
Delaware State Conference of Branches) (Informational Item)
Ms. Lachelle Paul, Criminal Justice Committee Chair, National Association for the
Advancement of Colored People (NAACP) Delaware State Conference of Branches,
provided a community update.
Ms. Paul stated that the NAACP has been having ongoing meetings regarding
diversity and inclusion of the black community within local government and
discussed committee appointments. She stated they want to see diversity on all of the
committees. She noted that another big topic right now is the increase in gun violence
and black on black crimes. Ms. Paul noted that diversity and inclusion creates a better
living environment and, if they can, should practice making all cultures and parts of
the community inclusive in decision-making. She noted that another topic with
regard to City Council and Council meetings is the displacement of the homeless.
Regarding putting a homeless shelter in the Fourth (4th) District, she noted that the
residents are not in agreement with that because they would prefer something that is
going to create jobs and youth community programs that would help turn youth from
the gangs.
Mr. Taylor requested Ms. Paul to email him and Council President Hare the next time
the NAACP has a meeting so that they can attend and explain what exactly they are
doing to combat some of the concerns. He noted that they could make sure their
resources are not being duplicated throughout the City. Ms. Paul agreed with Mr.
Taylor and stated that she spoke with the Vice President of the State Branches so that
their meetings do not conflict.
Ms. Paul stated that it is uncomfortable for some people to speak on race and
everyone has barriers that they have to overcome when dealing with the subject, but
the fact that they are dealing with it now and are able to communicate and speak on
the division and where they need to come together is a beautiful thing. She noted that
even though it may be some discomfort, understand that they do not need to go back
and keep reliving the past, they need to figure out what they are going to do to move
forward so that they can bridge the gap and figure out how they continue the positive
change, so they can make Dover a better place for everyone.
Mr. Neil noted that there are no restrictions in terms of volunteers. He stated that they
need people who live in the City. Mr. Neil stated that, at times, it is very hard to find
people and so it is not an unwillingness on the part of the City, it is a question of who
is willing to come forward and devote their time. He stated that as far as trying to get
Page 29
Page 30
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 27
people to fill their openings, he does not care about color, he just wants competent
people to fill the jobs that have stood open for so long. Mr. Taylor agreed with Mr.
Neil, stating that color does not matter when it comes to volunteerism. He stated they
simply need bodies and people who are going to be committed to that leadership role.
Responding to Mr. Rocha regarding her role with the state and NAACP, Ms. Paul
stated that she is a Central Branch Manager and also the Chair of the Criminal Justice
Committee of State of Branches. She stated that they had an executive meeting with
the Central Branch, all of the branch presidents and the executive committee that is
dealing with gun violence and increased gang violence throughout the state.
Mr. Rocha recommended that they get more cohesive with the Central Delaware
Branch. He asked if the branch would be able to give them a platform where they
could come out and explain some of the things that have been going on and keep
everyone up to date. Mr. Rocha stated that he knew they were able to do it on their
own, but by joining forces that would enable them to do it in a more powerful way.
Mr. Anderson stated that he would like to send Ms. Paul and other members of the
branch a link to the City's committee, commissions, and boards application because
there is going to be an opening or two on the committees that she mentioned.
Responding to Mr. Anderson, Ms. Paul stated that they were trying to bring people
to the table within the City and to find out what the City is doing regarding gang
violence and black on black crimes. She noted that some positive changes have been
happening and they know it is a process and, at this point, it is time to act. Ms. Paul
advised that they need a gang-related committee and youth programs. She noted that
the other issue that they have to deal with is mental health. Ms. Paul stated that they
have to have more mental health facilities that are in the reach of the actual
community that is in need of it.
Ms. Paul stated that she agreed with everything Mr. Neil mentioned regarding to
committees. She noted that they all need to understand diversity inclusion goes both
ways. Ms. Paul stated that she was going to go through and make it a point to direct
people so they can actually start getting involved and assure them that they will be
considered if they want to put in the energy and the work to help make this City
better, then they are going to be accepted.
Mr. Neil stated that so much of what Ms. Paul was saying affects everybody within
the state government. He advised that it is not in the City's charter to address mental
health or any health. Mr. Neil noted that there are certain things that they will be able
to do and encourage and support, but that the City will not be able to address mental
health issues. He stated that when they talk about the mental health, they are also
talking about the situation with the homeless, a lot of it is dealing with mental health,
and there are things that they can do and cannot do. He noted that education was also
not in the City's charter.
Page 30
Page 31
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 28
Mr. Sudler stated that they could explore a subcommittee with mental health agents
that could be liaisons to gather information or to communicate with mental health
agencies and educate City Council, in addition to resources for the community
members that may be encountering mental health discrepancies. Mr. Slavin stated
that the City Charter does not give them the authority to go into those areas of mental
health and substance abuse because when the charter started those were not issues
facing the City but they are issues facing the City now. He noted that the charter
allows Ad Hoc committees to be appointed. Mr. Taylor asked Mr. Slavin to walk
himself and Mr. Rocha through the process.
Mr. Taylor thanked Ms. Paul and stated that he would like to see the NAACP seek
a much broader collaboration between Dover and those that share the boundaries of
Dover to share their resources. Ms. Paul stated that she would communicate with the
president of the State Branch. She noted that these issues were not just statewide
issues, these are issues are from the community and residents of the City.
Mr. Sudler moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:42 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell
presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Proposed Resolution No. 2021-01 - Application for Wastewater Matching
Planning Grant (Actionable Item)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and
analysis regarding the Proposed Resolution No. 2021-01 - Application for
Wastewater Matching Planning Grant.
Staff recommended adoption of the resolution as submitted so Staff may submit
application for a Wastewater Matching Planning Grant.
Mr. Neil moved to recommend adoption of the Resolution, as submitted, so Staff
may submit application for a Wastewater Matching Planning Grant approval,
as recommended by Staff. The motion was seconded by Mr. Shevock and
unanimously carried.
Page 31
Page 32
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 29
By motion of Mr. Neil, seconded by Mr. Lindell, Council, by consent agenda, unanimously
adopted Resolution No. 2021-01, as follows:
A RESOLUTION PROPOSING APPLICATION FOR WASTEWATER MATCHING
PLANNING GRANT
WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the "Applicant",
has, after adequate consideration, of the various aspects of available data as it relates to the
wastewater infrastructure, determined that improvements to the City of Dover wastewater
infrastructure is necessary; and
WHEREAS, the Applicant has determined that the expeditious evaluation of the Inflow &
Infiltration affecting our wastewater system is desirable and in the public interest, and to that end it
is necessary that actions be taken immediately; and
WHEREAS, the State of Delaware, through the Delaware Water Infrastructure Advisory Council
has authorized the making of matching grants to aid in financing Wastewater Systems and related
services in connection therewith; and
WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the
Applicant deems it to be in the public interest and to the public benefit to file an application for a
grant under these Guidelines, and to authorize other action in connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover,
Delaware, the governing body of said Applicant, as follows:
1. That the said Project is essential to and is in the best interest of the Applicant and to the end
that the said Project may be carried out as promptly as practical, it is desirable that action
hereto be undertaken immediately.
2. That Randy Robertson, City Manager, or his designated representative, be hereby authorized
to file on behalf of the Applicant, an application (in the format required by the State of
Delaware and in conformity with the request hereto) for a matching grant to be made from
the State of Delaware Clean Water State Revolving Fund's (CSWRF) Non-Federal
Administrative Account to the Applicant to aid in defraying the cost of the Project described
above.
3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the
approved Project, over and above the amount of the State grant.
4. That the said Randy Robertson, City Manager, or his designated representative, is hereby
authorized to accept any State grant that may be offered, to furnish such information and to
take other action as may be necessary to enable the Applicant to qualify for the grant; and
Page 32
Page 33
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 30
5. That the said Randy Robertson, City Manager, or his representative designated as the
Authorized Representative of the Applicant for the purpose of furnishing to the State of
Delaware such information, data, and documents pertaining to the application for the grant
as may be required; and otherwise to act as the authorized representative of the Applicant in
connection to the application and in connection with any requirements of the State grant
which may be made.
6. That certified copies of this Resolution be included as part of the Application to be submitted
to the State of Delaware.
ADOPTED: MARCH 8, 2021
Evaluation of Proposals - HVAC (Heating, Ventilation, and Air Conditioning)
Design and Install for the City of Dover Warehouse, City Hall, and Electric
Administration Buildings (Actionable Item)
Mr. Matthew Harline, Assistant City Manager, and Mr. Michael Hamlett, Central
Services Director, reviewed the background and analysis regarding the evaluation of
proposals for the HVAC (Heating, Ventilation, and Air Conditioning) Design and
Install for the City of Dover Warehouse, City Hall, and Electric Administration
Buildings.
Staff recommended awarding the HVAC Design and Install for the City of Dover
Warehouse, City Hall, and Electric Administration Building contracts to Statewide
Mechanical Inc. as per the proposal submitted in response to RFP #21-0007CS,
21-0006CS, and 21-0005CS and authorize the City Manager and Controller to bring
back a resolution to obtain financing to cover the General Fund projects as
referenced.
Responding to Mr. Neil regarding the radio upgrades, Mr. Paul Waddell, Electric
Director, stated that the radio systems that all City departments use to communicate
with each other are antiquated. Whenever they have to call the state maintenance
people about a problem they keep advising them to upgrade. Mr. Waddell stated that
the CIP project was to replace all the analog systems with digital systems; however,
the project kept moving down the priority list. He noted that when Mr. Harline
approached him about having any place to maybe pull some additional funding from,
this was the first thing that came to his mind because he did not think that they could
get a quality RFP out for the radio infrastructure build prior to the fiscal year end. He
stated that his recommendation and after conversations with Mr. Harline, was to push
that radio infrastructure plan off until next fiscal year and give them time to
communicate with the new IT director to make sure that they have all the details and
put a good quality product on the street and get good bids back. Responding to
Mr. Neil, Mr. Waddell stated that they are looking at FY22.
Page 33
Page 34
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 31
Responding to Mr. Sudler, Mr. Hamlett stated that the bid proposal was being
awarded to one contractor. He noted that they solicited four vendors, two of which
were obtained by the Delaware Directory of Certified Businesses, however, they only
received one proposal per project and all of them were Statewide Mechanical.
Responding to Mr. Sudler regarding any feedback from contractors, Mr. Hamlett
stated that they received feedback from one of the vendors which noted that most
HVAC companies only do the actual install per specifications. They do not
necessarily do the actual design phase of it, which is generally solicited from an
engineer. Mr. Hamlett advised that this particular firm was able to pull an engineer
and do the design and the install. He stated that whenever it is feasible, they bundle.
He noted that this particular project did not require extensive designing and they
provided, for the most part, the specifications. He noted that for City Hall and the
warehouse, they were basically using the same specifications that are there and they
were just updating the components. He advised that for the electric administration
building, they are going to gut the building and bring in a new design, it is a fairly
small building, so it was not really complicated.
Responding to Mr. Sudler, Mr. Hamlett advised that the company does not provide
all of the services, the contractor actually solicited an engineering firm to assist them
in the process.
Mayor Christiansen, regarding the radios that the Electric Department uses, asked if
there was the opportunity to possibly go on the 800-megahertz state bid contract. He
noted that it would afford them the opportunity to have multiple channels and also
interconnect with the police and the fire departments directly. Responding,
Mr. Waddell stated that he spoke to someone who works at state radio maintenance
about the options that were available for them to get on that network. Mr. Waddell
noted that he was told that they kept it pretty locked down and, because of the
growing traffic with police departments, fire departments, natural resources, and all
of those groups, the chances of the City getting on it would be slim.
Mayor Christiansen asked if there was an opportunity for a high band system, noting
that it would afford the repeaters throughout the City as well as an opportunity to
purchase equipment on the state bid. Responding, Mr. Waddell stated that he did not
look at the state bid portion of it, but they had preliminary discussions with one of
the local radio vendors that they do a lot of business with. Mr. Waddell stated that
three or four repeaters across the City would cover them very well and the key was
to give them some data transmission capabilities. He stated that they would go from
their existing four channels to eight, which would give a little more flexibility with
the departments inside the City. Mr. Waddell stated that they could also take that data
communication aspect and use Munis to generate electronic work orders.
Responding to Mr. Rocha, Mr. Hamlett stated that the contractor and engineer do
Page 34
Page 35
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 32
business together regularly on other projects and have done projects at this scale with
the state.
Mr. Neil moved to recommend awarding the HVAC Design and Install for the City
of Dover Warehouse, City Hall, and Electric Administration Building contracts to
Statewide Mechanical Inc. as per the proposal submitted in response to RFP
#21-0007CS, 21-0006CS, and 21-0005CS and authorize the City Manager and
Controller/Treasurer to bring back a resolution to obtain financing to cover the
General Fund projects as referenced, as recommended by Staff. The motion was
seconded by Mr. Taylor.
Mr. Anderson requested that they include where the contractor is from on the
information submitted so it can be easily seen. Mr. Robertson stated that in the
future, he has asked that a copy of the contractor's homepage be included. (City
Clerk's Office Note: Subsequent to the meeting, Mr. Michael Hamlett, Central
Services Director, provided the following information regarding the HVAC Design
and Install for the City of Dover Warehouse, City Hall, and Electric Administration
Building: The following information was captured from the Delaware Director of
Small Businesses website. Statewide Mechanical did not have their own website;
however, they are a certified small and local business.
Mr. Neil moved to recommend awarding the HVAC Design and Install for the
City of Dover Warehouse, City Hall, and Electric Administration Building
contracts to Statewide Mechanical Inc. as per the proposal submitted in
response to RFP #21-0007CS, 21-0006CS, and 21-0005CS and authorize the City
Manager and Controller/Treasurer to bring back a resolution to obtain
financing to cover the General Fund projects as referenced, as recommended by
Staff. 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.
Evaluation of Bids - Landscaping (Actionable Item)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding
the evaluation of bids for Landscaping.
Staff recommended awarding #21-0020EL Landscaping Contract to Joseph R. Smith
for three years with a City option to extend it an additional two years (five years total)
as per the pricing included in the bid submittal.
(City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric
Director, provided the following information regarding the recommended contractor
for the Landscaping contract: Landscaping - Joseph R. Smith, P.O. Box 357, Denton,
MD 21639)
Page 35
Page 36
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 33
Mr. Hare moved to recommend awarding #21-0020EL Landscaping Contract
to Joseph R. Smith for three years with a City option to extend it an additional
two years (five years total) as per the pricing included in the bid submittal, as
recommended by Staff. The motion was seconded by Mr. Neil 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.
Evaluation of Bids - Overhead Linework (Actionable Item)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding
the evaluation of bids for Overhead Linework.
Staff recommended awarding #21-0021EL Overhead Linework Contract to AUI
Power for three years with a City option to extend it an additional two years (five
years total) as per the pricing included in the bid submittal.
(City Clerk's Office Note: Subsequent to the meeting, Mr. Paul Waddell, Electric
Director, provided the following information regarding the recommended contractor
for the Overhead Linework contract: Overhead Line Work - AUI Power, Inc,
1600 W. Pulaski Highway, Elkton, MD 21921)
Mr. Hare moved to recommend awarding #21-0021EL Overhead Linework
Contract to AUI Power for three years with a City option to extend it an
additional two years (five years total) as per the pricing included in the bid
submittal. The motion was seconded by Mr. Anderson 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.
CliftonLarsenAllen LLP Audit Results and Comprehensive Annual Financial
Report (CAFR) for the Fiscal Year Ending June 30, 2020 (Actionable Item)
Mr. Remi Omisore, CliftonLarsenAllen LLP (CLA), reviewed a presentation titled,
"City of Dover, Delaware Audit Results Year Ended June 30, 2020.
Staff recommended acceptance of the report.
Mr. Hare moved to recommend acceptance of the report, as recommended by
Staff. The motion was seconded by Mr. Neil 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.
Page 36
Page 37
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 34
Segal Waters Consulting - Classification, Compensation and Benefit Study
This item was referred back to staff and will be re-scheduled at a later date.
Mr. Neil moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Hare and unanimously
carried.
Meeting adjourned at 8:37 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Lindell and unanimously carried.
Meeting adjourned at 8:37 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote.
MONTHLY REPORTS - JANUARY 2021
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 Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
SETTING OF PROPERTY ASSESSMENT APPEALS
Staff recommended that the 2021 Property Assessment Appeals be scheduled for May 17, 2021
through May 21, 2021 from 9:00 a.m. until 4:00 p.m.; May 24, 2021 through May 28, 2021 from
9:00 a.m. until 4:00 p.m. (if needed); June 1, 2021 through June 4, 2021 from 9:00 a.m. until
4:00 p.m. (if needed); and one evening (if needed). Members were advised that the hearing times
were subject to change.
Mr. Neil moved for approval of the dates and times recommended by staff for the
2021 Property Assessment Appeals, seconded by Mr. Anderson and unanimously carried.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Randy Robertson, City Manager, announced that four linemen, Jason Bitter, Matthew Espil,
Brian Kempista, and Liam Maher, saved a dog from a burning house and may have saved the
burning house and did an extraordinary job. He stated that he hopes they will read more about it in
the newspaper and that the Mayor was arranging some other kinds of recognition for them.
Page 37
Page 38
D
Item #1.
CITY COUNCIL MEETING OF MARCH 8, 2021 PAGE 35
Mr. Robertson announced that it was the first day full opening day for the City in months and there
had been no adverse reports from the department heads he talked to. He thanked Mr. Matt Harline,
Assistant City Manager, for orchestrating the opening.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Rocha, in reference to COVID vaccinations, announced that the Delaware Racial Equity
Collaborative (DRJC) would be meeting Wednesday, March 10, 2021 from 1:00 p.m. to 2:00 p.m.
to discuss providing information about the vaccine and the locations that the vaccine would be
available to the Black and Brown community. He encouraged anyone who was interested in
participating to contact him for an invitation.
Mr. Anderson moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 9:42 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of March 8, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\03-08-2021 REGULAR.wpd
Exhibits
Exhibit #1 - PowerPoint Presentation - Comprehensive Plan Amendment, Lot 1 & 2, Dover Mall
Page 38
Page 39
EXHIBIT #1
Comprehensive Plan
Regular Council Meeting of Item
03/08/2021
#1.
Amendment
Lot 1 & 2
Dover Mall
March 5, 2021
BECKER
MORGAN
G R O U P
ARCHITECTUR~
ENGINE ERIN
Page 39
Page 40
PATRICK
SISSON Item #1.
At the Alderwcod Mall in Lynnwood, a subu rb north of Seattle, an adaptive reuse project
The Dying Mall's New Lease on Life: Apartments already in prog ress suggests that America's vast stock of fading shopping infrastructure
could indeed get a second fife as places to live. Such t ransformation could even bring
malls abser to the " village square" concept they were initially envisioned to become.
07/13/ 2020 Citylab RECENT TWEETS
Pat
June 2020 Tweets by @freqresponse
-~.--· •· •," I·
No Comments
Category :
OtyLab
Share:
Twitter
facebook
Google+
It's definitely, finally, without a doubt, the end of mans, right?
The multiple crises impacting the U.S. economy - the botched response to the
coronav1rus and the resulting economic: falbut, and lack of spending power - have
derivered a new gut punch to brick-and-mortar retal, a sector that was already reeing.
More than haf of au U.S. department stores in malls wUI be gone by 2021 , one real estate
research firm prediets, and surviving retailers may not be far behind; once-mighty brands
such as Cheesecake Factory and the Gap are skipping rent payments, Starbucks is closing
,-_..
:.,,,. ff.
· o- .,.
.
- .. -
BECKER
MORGAN
(; R L) l I'
SOUTtt~ASTERN
19
c1l)n
, .~
AIKEN MALL MIXED USE REDEVELOPMENT
CO\'Cl :PTl . /\ [. M/\S ITR Pl.AN
-\lhl , . -.;1
.. . . .
..... ,, '· . . .
,
Page 40
ARC II ITECTlJRE
E:--GIN E ER!:\G TOWN CENTERS
Page 41
Item #1.
BECKER
MORGAN N
G R O U P Page 41
ARCHITECTURE
ENGINEERING Requested Land-use Change
Page 42
Dover, DE Code of Ordinances
Item #1.
Section 22. - Airport environs overlay zone (AEOZ).
22.1 Purpose and intent. The airport environs overlay zone (AEOZ) is expressly intended to
protect the public health, safety, and welfare by identifying areas impacted by high levels
of aircraft noise, and the potential for aircraft accidents associated with airport operations,
by regulating land use and the con struction of buildings within such areas. The AEOZ is
further intended to preserve and promote the integrity of the mission of c!'
Base (DAFB) as a matter of local, regional and national importance, by,~.._.._~lllii..::'11~
DAFB from encroachment of incompatible land uses The AE07 all se)
zone that applies additional standards and requirements t~~ 1esj ated therein .
(a) The AEOZ 1s based on information provided by tb~ (r ~ ce Base's Air
Installation Compatible Use Zone Study Upd?t :he o,_ all work with the Dover Air
Force Base to update the provisions of this ~ ~ n a'jj~eeded .
(b) In case of conflicting standards and requ~ e. -~ more stringent standards and
requirements shall apply. Uses pro, · ed b:J e underlying zoning designations of the
properties within the AEOZ" ' , - ted by this section.
22 .2 Definitions. #J~
(a) Air installations compc /dse zo, s (AICUZ): is a department of defense program to
1
etv.~l?r installations and neighboring communities.
(b) e~ raphic area that is affected by airport air traffic operations
f
i:J on the be of those areas immediately impacted by aircraft noise of the
a~~-
65 ~Pci ~ ~ J nd greater noise exposure areas as delineated by the current and
a rovP~ , ~ r compatibility use zone study. This area is represented as the airport
~ T ons, rlay zone (AEOZ).
t average A-weighted sound level (DNLJ: is a cumulative aircraft noise index
ich estimates the exposure to aircraft noise and relates the estimated exposure to
n expected community response; a 24-hour energy average sound level expressed in
decibels (dBs), with a ten-decibel penalty applied to noise occurring between 10:00
p.m. and 7:00 a.m.
(d) DNL contour: is an isoline linking together a se ries of points of equal cumulative noise
exposure based on Ldn metric. Such contours are developed based on aircraft flight
patterns, number of daily aircraft operations by type of aircraft and time of day, noise
characteristics of each aircraft, and typical runway usage patterns.
(e) Decibel (dB): is a unit of measure of sound pressure or intensity.
BECKER
MORGAN N
(; R L) l I' Page 42
ARC II ITECTlJRE
E :-;GIN E ERI:-;G NOISE REDUCTION
Page 43
Item #1.
Questions
BECKER
MORGAN
G R O lJ P Page 43
ARC H ITEC T U R E
ENGINEERING Comprehensive Plan Amendment Request
Page 44
D
Item #2.
Economic Development Committee
Minutes
February 9, 2021- 4:00 p.m.
The Economic Development Committee Meeting was held by video conference on February 9,
2021 at 4:00 p.m. with Mayor Robin R. Christiansen presiding. Committee Members present via
video or telephone were Councilman David Anderson, Kim Adams, Dave Hugg-City Planner,
Diane Laird, Matt Harline-Assistant City Manager, and Randy Robertson-City Manager. Linda
Parkowski and Shannon Heal from Kent Economic Partnership were present. Councilman Roy
Sudler and Clayton E. Hammond II were not present.
WELCOME
At 4:00 pm Mayor Robin R. Christiansen called the Economic Development Meeting to order.
ADOPTION OF AGENDA
Mayor Christiansen called for a motion to adopt the Agenda. Dave Hugg moved for adoption of
agenda, seconded by Diane Liard, unanimously carried. (Councilman Roy Sudler, Clayton E.
Hammond II absent).
ADOPTION OF MINUTES
Mayor Christiansen called for a motion to adopt December 15, 2020 minutes. Dave Hugg moved
for adoption of minutes, seconded by Diane Liard, unanimously carried. (Councilman Roy
Sudler, Clayton E. Hammond II absent).
KENT ECONOMIC PARTNERSHIP-LINDA PARKOWSKI AND SHANNON HEAL
DEMO KEP/CHOOSE CENTRAL DELAWARE WEBSITE TO DESCRIBE HOT TO
COLLECTIVELY RESPOND TO INQUIRIES.
Linda Parkowski states Diane Liard, Downtown, Dave Hugg, and the municipalities are all
working well together, and it is paying off, all Central Delaware is winning. On site selector
website www.choosecentraldelaware.com, under ours services click site selection assistance,
then find a site. If someone calls the office, Kent Economic Partnership (KEP) goes to this area
on the website and clicks on property search. To keep property, search up to date Shannon Heal
goes to all commercial realtors to update any listings they have into the property search area of
website. Next, click on location, this can sort by county or city. Will only show industrial and
larger commercial properties not residential properties. If an inquiry for building and acres is
made, website allows to input those parameters and filters the properties. To save and compare
Page 44
Page 45
Economic Development Meeting of February 9, 2021 PAGE 2 D
Item #2.
properties click on heart, create folder, name folder, then hit add folder. Once back at the list of
properties click on heart and click add to folder that was just created. Properties will show
everything, property details, aerial photos, google maps, and realtor information. After saved into
folder can create a report in a pdf or excel sheet. Website allows sharing properties and to save
downloads. Virtual tours are available for some properties. Shannon Heal continues to present
the rest of the website. At the top of the screen click on Community Data this tab gets more
down to demographics of each municipality for example, population, median age, population of
growth, education, brief labor force, blue collar, white collar, how many businesses, median
house hold income, how they spend money, owners vs. renters, transportation, and tax
information. All can be converted to pdf and shared. Clicking Occupation Data at the top of the
screen shows median wages per job category, demographics- age, sex, ethnicity, number of
households, and income households. Click Labor force gives number of employees and types of
establishments. All can be converted to pdf, excel, and shared. Data is continuously updated if
link is sent link it will give up to date data if clicked on a year from sending. Website allows
comparison of communities to do this click on Compare communities. This will bring up
comparison report for any 2 cities chosen. Tab at the top for Businesses can break down
businesses by the naics code and each industry is a different color. Lastly, clicking Talent Report
will provide university data including top 5 programs and number of graduates. Linda Parkowski
states website is very useful, she had company looking for healthcare expenditures and was able
to pull up expenditures for healthcare by city. Diane Laird, asks, DDD has a lot of going on with
Office of State Planning coordination for each city, getting DDD district, and value. Part of that
is connecting to DPP information and on that site, they have market data. Is it from the same
source and will it have exact data? Linda Parkowski responds this is Zoom Prospector. DPP has
data for the whole state where we (Zoom Prospector) have it for Kent County, all of Milford and
all of Smyrna. They are the same company and pull from same market data. Diane Laird states
parking discussion is looking at other towns similar to Dover does it go backward if we do not
know the name of City? Linda Parkowski answers, no, we have not found that is does. Current
issue with site is making sure commercial and industrial data is up to date. Dave Hugg in the past
we have not had access to this data in the past. When people call, they want the data now and not
in weeks this site allows that. Secondly is a value that is available to anyone. Most time people
looking at Dover or Kent County know more about it then we do, they won’t be baffled by are
marketing. They run a lot of analysis being able to know some of the data that they know and
being able to talk to them on the same page is important. Dave Hugg states he is really anxious to
start doing trend analysis to see what is happening over time to give us an idea of what the next
couple of years will look like. Appreciate Linda and Shannon getting this site up and running and
coming to present it. Linda Parkowski says Dave is so right most of the bigger companies have
done their research, they have data sources, we are talking to a different data source for jobs
portion that a site selector recommended to us. Every inquiry KEP gets they use this site, it is
very efficient and very fast. Diane Laird, asks they have a couple of sites downtown that are
large developmental prospecting opportunities if they are on the site? Diane Laird says the
properties are not manufacturing or warehousing they are mixed use, residential, commercial,
and retail. Linda Parkowski tells Diane if you send them to Shannon Heal, she can add them in
Page 45
Page 46
Economic Development Meeting of February 9, 2021 PAGE 3 D
Item #2.
there, and asks are they listed by a realtor? Diane Laird, Yes, they are. Okay if you send them to
Shannon, she will get them on there.
Mayor Christiansen says thank you Linda and Shannon for your presentation. Next, we will
move on to Mr. Hugg. Mr. Hugg, in your presentation we have had several inquiries from
committee members about diversity of the comprehensive plan on things that it does and does
not address. If you could speak on that.
CITY OF DOVER PLANNING UPDATE GIVEN BY DAVE HUGG
Dave Hugg update on there is a lot going on that I do not always update on. List of what is
happening now Us Corrugated final plans and permits have been approved and issued and begun
site work. This is a big win for Dover and Kent County. Site plans have been approved for new
Dover Middle School. In site planning with Cassidy Commons which is a group of warehousing
and small manufacturing buildings on Lafferty Lane. Built 4 or 5 of the initial plans out of 10
now have site plan approval for the balance of that project. Cassidy Commons is a nice incubator
site for smaller medium size companies with 1-4 employees. City of Dover has been working
with Landing Square where the new State Police Headquarters is being built. Landing Square has
an office building in site planning which they have a tenant for. Landing Square were in
yesterday for preliminary discussion for a new mixed use multi story building on the front side of
that property with office/store front and residential above. This is interesting concept to
reintroduce residential to bay road area. Expecting application very soon to some new
warehouses and contractor yard on Lafferty Lane. Mr. Parkowski has property he is moving
forward on. Received serious inquiries revisiting Stonebrook 1 and 2 off Denny’s Road.
Developments that never got started because housing has been slow to recover. Continuing
design work with State for Family Court building looking at land acquisition and site design
issues. Working with Tommy Carwash, Dupont Plaza, and several other projects around the
City. DDP with Diane having high prospects about to jump off downtown. Quick summary of
what happened in the last year wasn’t a good year for retailors. Last year City of Dover lost A.C.
Moore, Pier 1, 33 West, Macy’s, Where Pigs Fly, Save a Lot, and Rite Aid. Our number in
revenue is down from that. 300 business did not renew licenses heavily concentrated in small
construction and retail. City of Dover picked up Crab de Jour, Hobby Lobby, Tender Bones, Red
Robin, Us Corrugated, Avalon, LIDL, and House of Hope. We look encouraging a lot of closing
buildings back filled quickly. 33 West good example closed end of the year and new tenant is
about to move in with a new restaurant. Lastly, Dave Hugg shares data, today we work closely
with Kent Economic Partnership and Delaware Prosperity Partnership (DPP) the City relies on
them for data and research. John Taylor Research Director at DPP sent information to help
understand what is going on in Dover and Kent County. One table is job loss 18 percent in
Services 11 percent in Leisure this is State Wide. Kent County numbers chart shows where we
took a hit. Important to track what is happening in the county. Unemployment Rate at City of
Dover level April, May, June, July peak and recovering not as fast as County and State but still
economy is recovering.
Page 46
Page 47
Economic Development Meeting of February 9, 2021 PAGE 4 D
Item #2.
The Comprehensive Plan is primarily land development plan. Shows how we hope future of City
will evolve land uses will go, where to put industrial and commercial activities. It has impact on
social issues it is not a social development or services plan. It is Economic focus more context
where we can grow jobs and employers. Doesn’t mean all those things aren’t important it does
talk about blight removal, trying to strengthen down town. Its focus is not specifically on
training, job opportunities, and social kinds of issues. I agree with the Mayor Dover is looking
pretty good and I think outlook is very good.
MAYORS ANNOUNCMENT
Mayor Christiansen asks, does anyone have anything to bring before committee?
Councilman Anderson, states good report today I hope people will tune in next month to the Park
and Recreation Community Enhancement Committee. There will be an item of interest for the
members of this committee. Tying Community Development strategy in with Comprehensive
plan with Economic Development. Gigi Windley will be a part of that discussion as well.
Diane Laird updates the artisanal market prospects have signed the lease. Have a lot of sub
vendors. There will be no large stalls it will be one large store. Working on sub agreements with
each of the sub vendors. Downtown Dover Partnership will do a press release within the next
week. Rebel Cove coming in to 33 West, it was a 3-week turnaround from available sign in the
window. Three other potential food concepts to open within 2021. Parking concept is still going
on Wednesday at Noon, speaker from Old Pasanda California, will speak on using parking funds
to go back into downtown. A solution regarding parking will be about summertime with
implementation after that.
Mayor Christiansen states, downtown is taking off like a rocket, 2021 will be the year for
downtown. The United State Post Office is really on the move. Take a look at downtown Dover
landing cardboard plant, filling empty buildings, despite the pandemic we are continuing to
move forward. Thank you to Mr. Hugg, Downtown Partnership, Linda, everyone involved, and
members of Council for their continued enthusiasm.
Council Anderson asked Diane Laird what the location of the Artisanal Market is. Diane says,
Market is at 204 West Loockerman next to Bayard Pharmacy across from Janaids Barber. The
only Vacant spot since the building was built.
Linda Parkowski, the box plant landed on the name, Delaware Corrugated Packaging.
NEXT MEETING DATE
March 9, 2021
ADJOURNMANT
Page 47
Page 48
Economic Development Meeting of February 9, 2021 PAGE 5 D
Item #2.
Mayor Robin R. Christiansen called for a motion to adjourn. Councilman Anderson moved for
adjournment, seconded by Dave Hugg, unanimously carried.
Meeting adjourned 4:50 pm
Page 48
Page 49
COUNCIL COMMITTEE OF THE WHOLE
D Item #3.
The Council Committee of the Whole met by video conference on March 9, 2021 at 6:04 p.m., with Council
President Hare presiding. Members of Council present via video or telephone were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mayor Christiansen was also
present. Civilian members present for their Committee meetings were Mr. Caldwell (arrived at 6:18 p.m.)
Col. Dix, Retired, (Parks, Recreation, and Community Enhancement), Mr. Contant (arrived at 6:03 p.m.)
and Mr. Shevock (Legislative, Finance, and Administration).
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. Taylor and unanimously carried.
Evaluation of Proposals - Roof and Gutter Replacement at Weyandt Hall (Actionable Item)
Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis regarding the
evaluation of proposals for the Roof and Gutter Replacement at Weyandt Hall.
Staff recommended awarding the Roof and Gutter Replacement at Weyandt Hall to Quality Exteriors, INC.
as per the proposal submitted in response to RFP #21-022FM.
Mr. Hare moved to recommend approval of Staff's recommendation, seconded by Mr. Neil.
Responding to Mr. Shevock, Mr. Michael Hamlett, Central Services Director, stated that it is a synthetic
slate roof and comes with a 50-year limited warranty.
Mr. Hare moved to recommend awarding the Roof and Gutter Replacement at Weyandt Hall to
Quality Exteriors, INC. as per the proposal submitted in response to RFP #21-022FM, as
recommended by Staff. The motion was seconded by Mr. Neil and unanimously carried.
Proposed Ordinance #2021-06 Amending Chapter 102 - Taxation, Article IV - Abatement of Real
Estate Taxes, Section 102-113 - 4 Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment
(Actionable Item)
Mr. David Hugg, Director of Planning and Community Development, provided an overview of proposed
Ordinance #2021-06 Amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes,
Section 102-113 - 4 Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment.
Staff recommended adoption of Proposed Ordinance #2021-06.
Mr. Neil asked if the amendments would help Habitat for Humanity, National Council on Agriculture Life
and Labor Research Fund, Inc. (NCALL), and Delaware State Housing Authority (DSHA) in finding homes
for permanent residences. Responding, Mr. Hugg stated that a portion of Section 102-113 provides a real
estate tax abatement for residential development in the downtown target area. He advised that it is the
program that is used extensively by NCALL, Habitat for Humanity and Milford housing, to provide an
Page 49
Page 50
COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 2
D Item #3.
additional benefit to the those that are buying low-income houses in those neighborhoods. Mr. Hugg stated
that it has been a very successful program. He noted that there is also a provision in Section 102-116 of the
Code that relates to affordable apartment projects.
Responding to Mr. Neil, Mr. Hugg advised that he did not believe there were provisions for fixing rent, but
noted that he does not work with that program often enough. He stated that they have only used it one time
in recent history. Mayor Christiansen noted that incentives were granted to Bayard Apartments when they
were constructed. He stated that if there was not a mechanism in place, they should see if there is an
incentive that the City can offer to address the issues that Mr. Neil is concerned with.
Mr. Sudler asked if there would be any job opportunities for non-skilled, older constituents to obtain new
skills for employment advancement. Responding, Mr. Hugg advised that proposed Ordinance #2021-06 does
not address workforce issues. He stated that there are initiatives underway with both the Greater Kent
Committee and the Kent Economic Partnership (KEP) to identify some of the workforce deficiencies and
how to address them. Mr. Hugg stated that when looking at the potential target industries for Dover and
workforce within 30, 45, and 60-minute drive times, there are adequate workforce resources available to
meet those industry jobs. Mr. Hugg stated that those jobs are heavily dominated by distribution,
warehousing, logistics, basic packaging, manufacturing, and they are great sources of entry level and lower
skills. He noted that the other target industries are probably more skills-specific, such as business services,
legal, accounting, and IT areas. He stated that the job inquiries they have looked at recently have been
relatively solid skill requirement jobs.
Mr. Anderson asked if there were any other zoning designations that would benefit from being included.
Responding, Mr. Hugg stated that they have a very attractive set of incentives for the downtown, both on
the residential and the commercial side. He noted that they have the capability to assist people with their
facade improvements, but they do not have an attractive set of incentives for business activities that are
outside of the downtown and not $3 million or bigger. He noted that is something they may want to think
about.
Responding to Mr. Sudler regarding workforce development, Mayor Christiansen stated that it is a large part
of what they discussed during the Economic Development Committee meeting. He noted that KEP certainly
has recognized it and the one thing that they found in dealing with several employers that have wanted to
come to Dover was that other employers have told them that while they have a workforce that wants to work,
there is a lack of work ethic. He stated that they are going to have to work on training people for these jobs
that are going to come and they need to partner with the schools and develop employees that not only want
a job, but are going to work when they get there.
Mr. Neil moved to recommend adoption of Proposed Ordinance #2021-06, as recommended by Staff.
The motion was seconded by Mr. Rocha and unanimously carried.
Membership - National Community Reinvestment Coalition (Actionable Item)
Councilman Anderson provided an overview regarding Membership to the National Community
Reinvestment Coalition (NCRC). (City Clerk's Office Note: The National Community Reinvestment
Coalition was incorrectly listed on the Council Committee of the Whole agenda and has been corrected.)
Page 50
Page 51
COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 3
D Item #3.
Mr. Anderson advised that the cost for membership with the NCRC was $900.00. He noted that it was 30
years old, has 600 members and is based out of Washington D.C. He stated that the NCRC upcoming
conference was $50.00 for two days of virtual training and networking and is dedicated to champion fairness
and indiscrimination through economics. Mr. Anderson stated that NCRC wanted to recommend the Growth
Initiative because it seems to fit the profile they are looking for. He advised that the initiative would offer
help with workforce development and allow the City to deal with abandoned and vacant buildings and turn
them into affordable housing.
Responding to Mr. Lindell, Mr. Randy Robertson, City Manager, stated that the only thing they could not
find was if their dues were paid on an annual basis. He noted that they did not know if it starts in a fiscal year
or calendar year. Mr. Robertson asked what value the City would get in two and half months.
Responding to Mr. Rocha, Mr. Anderson stated that the NCRC does not provide grant monies directly to
municipalities, but the City would be creating partnerships with other nonprofits and churches.
Mr. Anderson noted that it is based on the partnerships and community development corporations. Although
the City has some, they are not currently funded. Mr. Anderson noted that one of the reasons he would like
for the City to join now is so that they can put in a nomination and for the May training, which costs $50.00
for members.
Mr. Robertson noted that they also have a platform for the grant writer, eCivics. He stated that it would add
networking and the value of providing a different source of grant-related activities. Mr. Harline noted that
the platform, when they go back to it on an annual basis, is $6,000 a year.
Mr. Hare moved to recommend that the City Manager and Assistant City Manager review the
membership and proceed with joining. The motion was seconded by Mr. Sudler and unanimously
carried.
Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting,
seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 6:39 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried.
Silver Lake Kayak Launch Project (Actionable Item)
Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis regarding the Silver
Lake Kayak Launch Project.
Staff recommended approval of the plan for the kayak launch area as recommended by the Silver Lake
Commission.
Page 51
Page 52
COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 4
D Item #3.
Mr. Hare moved to recommend approval of the plan for the kayak launch area, as recommended by
Staff. The motion was seconded by Mr. Neil and unanimously carried.
Annual Report from Silver Lake Commission (Informational Item)
Mrs. Tricia Arndt provided an annual report from the Silver Lake Commission, as follows:
• The Silver Lake Commission had four virtual meetings and their major project was the Silver Lake
Kayak Launch Project which was an initiative working with Mr. Josh Gainey, University of
Delaware's Costal Resiliency Design Studio student.
• The Silver Lake Commission had a cleanup on February 6, 2021 with students from Holy Cross'
National Junior Honor Society. They were out cleaning for two hours and did a great job.
• There is another cleanup scheduled for April 17, 2021 that will be with Holy Cross' National Junior
Honor Society, but it is opened to the community.
• Due to her joining City Council, Mrs. Arndt has resigned as Chair of the Silver Lake Commission,
which leaves a vacancy. They did welcome a new member, John DeMarie, but they will still be down
two members. A good candidate would be someone who is social media savvy with outreach skills.
Update on the Request to Delaware Congressional Delegation Regarding Disposition and Maintenance
of Wetland Pond Adjacent to Pat Lynn Drive at the Site of the Proposed New Middle Schools
(Informational Item)
Mr. Adewunmi Kuforiji, Interim Assistant Superintendent, Capital School District, provided an update
regarding the Request to Delaware Congressional Delegation Regarding Disposition and Maintenance of
Wetland Pond Adjacent to Pat Lynn Drive at the Site of the Proposed New Middle Schools.
Mr. Tony DePrima, Capital School District Board of Education Member, noted that the map provided was
prepared so that they were all on the same page regarding how things would be maintained and they would
have something to compare it to.
Responding to Mr. Rocha regarding feedback from federal legislators, Mr. Anderson advised that they are
still working on it and moving forward, but he was informally told that it is highly unlikely to be approved
because the Corps of Engineers opposes it. Mr. Sudler stated that he made contact with all three offices and
they have assured him that they would convey their concerns and get back with them. Mr. Sudler stated that
it has exceeded the timeframe which he thought they should possibly be back. He noted that this is a time
sensitive matter that has been ongoing for over five years and they would continue and hopefully have a joint
effort from the Capitol School District to continue to inquire and let them know the urgency and importance
of gaining approval.
Presentation - Bayhealth Hospital - Strategic Facilities Master Plan (Mr. John Van Gorp, Bayhealth
Senior Vice President of Planning and Business Development) (Informational Item)
Mr. John Van Gorp, Bayhealth Senior Vice President of Planning and Business Development, reviewed the
presentation entitled, "Strategic Facilities Master Plan," (Attachment #1).
(City Clerk's Office Note: Due to technical difficulties with Ms. Georgeanna Windley's microphone, agenda
item #7 - Presentation Strategic Framework for Community and Economic Development was switched with
Page 52
Page 53
COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021 PAGE 5
D Item #3.
agenda item #8 - Presentation Bayhealth Hospital Strategic Facilities Master Plan to allow Ms. Windley time
to reconnect her microphone.)
Responding to Mr. Rocha, Mr. Van Gorp stated that a total of 37 physicians were recruited in the last 14
months.
Responding to Mr. Anderson regarding workforce development, Mr. Van Gorp advised that they continue
to be in growth mode and it is a continuous struggle to find the professional staff necessary. He noted that
there are shortages in a variety of areas, including physicians, nursing staff, physical therapists, lab
technicians, and DI services. There are a number of very good, well-paid, professional jobs that they
continue to struggle to fill. Mr. Van Gorp noted that they work very closely with Delaware Technical and
Community College (DTCC), Wesley College, and Delaware State University, and they are doing their best
to try to expand. He advised that DTCC and Delaware State University are looking to expand their health
services programs to try to provide the workforce that is needed.
Presentation - Strategic Framework for Community and Economic Development (Ms. Georgeanna
Windley)
Ms. Georgeanna Windley, Professional Economic Developer, expressed concerns regarding economic
development within the City of Dover. She noted that one of the things that she sees with the City is their
great job with the Downtown Development Corporation. Ms. Windley asked if the City was looking at the
business climate and the business and income tax levels, workforce availability, energy cost, market size,
and the quality of services that are offered. She asked if there was a comprehensive plan for economic
development with goals and objectives that is revisited on a regular basis and measured.
Mr. David Hugg, Director of Planning and Community Development, referred Ms. Windley to Chapter 10
of the City's Comprehensive Plan which outlines a specific set of policies, goals and objectives for the City.
He advised that the City is a part of the Kent Economic Partnership (KEP) and a lot of the information that
Ms. Windley has identified is included in the sets of data that the City uses when responding to requests for
proposals or other recruiting efforts. Mr. Hugg noted that the City has incentives available and that they do
not have a separate strategic economic plan in the sense that the US Economic Development Administration
at one time proposed. Ms. Windley expressed her concerns regarding the difference between a
Comprehensive Plan and an economic development plan.
Mayor Christiansen stated that when the Dover Development Office went out of business, those on the Kent
Economic Partnership got together to address quite a few of the issues that Ms. Windley has brought forward
and it incorporates tourism and workforce development. He noted that Ms. Linda Parkowski, Executive
Director of the KEP, obtained the City the Rockport Study to tell where deficiencies are. He noted that they
felt that even with the creation of the Delaware Prosperity Program, that Kent County would be left behind
and that is why the County, the City of Dover and a number of municipalities throughout the County, went
together to address the issues that Ms. Windley has brought up and have moved forward.
Mayor Christiansen advised that part of those efforts was bringing U.S. Corrugated’s cardboard box
manufacturing plant to Dover, as well as other industries that are considering the City. He noted that, during
the Economic Development Committee meeting held prior to the Council Committee of the Whole meeting,
some of their plans and incentives were granted for development of the joint use facility at Kent County
Airport.
Page 53
Page 54
COUNCIL COMMITTEE OF THE WHOLE MEETING OF MARCH 9, 2021
D
PAGE 6
Item #3.
Mayor Christiansen stated that they are working in partnership with the school districts to develop the
workforce. He noted that those efforts are in place and they have had quite a few successes. Mayor
Christiansen noted that a Joint Use Agreement with Dover Air Force Base is going to provide them with a
kick to do what needs to be done to address the economic vitality not only Dover, but for the entire area.
Mr. Neil stated that as liaison for City Council on tourism in 2015, the tourism board took a total
metamorphosis. He advised that they went out and got Streetsense to provide the mirror of what they had
to do. Mr. Neil advised that events that use to be volunteer supported efforts went through a complete change
in terms of professionalism and, as a result, people can go online for tourism and see a very active Kent
County. He noted that it has continued throughout this pandemic. Mr. Neil advised that each month there
are five different places that the locals can attend and they actually received some national praise from
professional organizations. He noted the tax abatement program and stated that it is designed as part of the
total picture. He advised that Ms. Diane Laird, Executive Director of the Downtown Dover Partnership
(DDP), has done a marvelous job of having events that will attract people. He noted the City lighting system
that is primarily for safety is going to help the downtown area as well.
Mr. Hare suggested that this item be brought back to the Council Committee of the Whole or the Economic
Development Committee to give Staff enough time to prepare some information.
Mr. Hare moved for adjournment of the Parks, Recreation, and Community Enhancement Committee
meeting. The motion was seconded by Mr. Lindell and unanimously carried.
Meeting adjourned at 7:54 p.m.
Mr. Lindell moved for adjournment of the Council Committee of the Whole meeting. The motion was
seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 7:54 p.m.
William F. Hare
Council President
WFH/TM/jt
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\03-09-2021 CCW MINUTES.wpd
Attachments
Attachment #1 - Presentation entitled “Strategic Facilities Master Plan”
Page 54
Page 55
ATTACHMENTItem #1 #3.
Council Committee of the Whole Meeting of March 9, 2021
Bayhealth
Strategic Facilities
Master Plan
March 9, 2021
Page 55
Page 56
BAYHEALTH STRATEGIC PLAN 2021-2023 D
Item #3.
OUR BRAND PROMISE
Growth, Access We are driven to bring the
& Consumerism Organizational nation•s best healthcare to our
Excellence communities here at home.
GOAL
Improve access to c are and introduce services GOAL
to inform and p romote convenience to patient Imp rO\re quality and service while
OUR MISSION
r educing tbe cost of care through enhancing To strengthen the health of our
STRATEG IES efficiency and effectiveness. community, one life at a time.
Address the shortnges in primary care and other
STRATEGIES
key sp ecialties. OUR VISION
Successfully implement G mduate Medical Continue focus as a high-performing
organization To deliver the nation's best
Education initiative.
Advance population health capabilities. healthcare co our communities
Expand Bayhe alth's sites of care.
Drl\>e reduction in cost of care here at home.
Implement conswner services to
elevate convenience and enhanced quality.
to patients.
OUR VALUES
Compassio11: We are kind and
caring to everyone we encounter.
Accountability: Each of us is
responsible for our words, our
actions, and our results.
Respect..· We value everyone and
Culture treat people with dignity and
&Alignment professionalism.
GOAL Integrity: We build trust through
Collaborations Adv:i.IlCe a rulture of h1Qh engagement and responsible actions and honest
GOAL hiQ"h perform ance,
relationships.
Afliliate with trusted partners to
STRATEGIES Teanrwork: We achieve more
elevate services to the community.
Strengthen .. syscemness" of Bayhealth and when we collaborate and all
STRATEG IES eliminate barriers between sites of c.are.
work together.
Participate in affiliations that B iNate use of data and analytics in assessing
dem onstrate value ID Ba.yh ealth service delivery.
El:plo r e non-traditional Implement processes to :ill.ow care p roviders
collaborations. to increase patient forus and improve
per sonal wellness.
t sayhealth
THE DRIVE IS here~
NM3377 06/2020
Page 56
Page 57
BAYHEALTH STRATEGIC PLAN 2021-2023 D
Item #3.
OUR BRAND PROMISE
Gro We are driven to bring the
&C
Growth, Access nation•s best healthcare to our
communities here at home.
& Consumerism OUR MISSION
To strengthen the health of our
community, one life at a time.
GOA L OUR VISION
Improve acce to care and introduce ervice To deliver the nation's best
healthcare to our communities
to inform and promote convenience to patient. here at home.
OUR VALUES
Compassio11: We are kind and
STRATEGIES caring to everyone we encounter.
Address the shortages in primary care and other Accountability: Each of us is
responsible for our words, our
key specialties. actions, and our results.
Respect..· We value everyone and
Successfully implem nt Graduat Medical treat people with dignity and
professionalism.
Education initiative. Integrity: We build trust through
responsible actions and honest
Expand Bayhealth's sites of care. relationships.
Implement consumer services to arul
Teanrwork: We achieve more
when we collaborate and all
elevate convenience m assessing
work together.
Particip
dem onstrate to patients.
El:plore non ow care providers
collabora orus and improve
wellness.
t sayhealth
THE DRIVE IS here~
NM3377 06/2020
Page 57
Page 58
Agenda D
Item #3.
1. Physician Recruitment
2. Projects Completed
3. Projects In Progress
Page 58
{ sayhealth
Page 59
5
D
Item #3.
Physician Recruitment
Page 59
{ sayhealth
Page 60
6
Provider Recruitment Item #3.
Specialty CY 2020 CYTD 2021
Emergency Medicine 3 2
Behavioral Health 1 0
Women’s Health 0 2
Family Practice / Primary Care 8 4
Pediatrics 3 0
Internal Medicine 1 1
Orthopedic 1 0
Gastrointestinal 0 3
Surgery 2 1
Electrophysiology 1 0
Endocrinology 1 2
Cardiology 1 0
Total 22 15
Page 60
' Bayhealth
Page 61
7
D
Item #3.
Completed Projects
Page 61
{ sayhealth
Page 62
8
Nemours Building Item #3.
Bayhealth, Sussex Campus
Nemours Services: • Diagnostic Services • Therapy Services
• Specialty Care o Audiology o Physical
o Allergy o ENT o Occupational, speech
o Behavioral health o ECHO o Associated medical
o Cardiology o EEG equipment
o Endocrinology o Spirometry • Primary and Senior
o Gastroenterology o X-ray
o Ultrasound
Care
o General surgery
o Neurology
o Orthopedics
o Otolaryngology
o Pulmonary
o Urology
o Weight management
Page 62
( sayhealth
Page 63
9
Nemours Building Item #3.
Bayhealth, Sussex Campus
Bayhealth Services:
• Specialty Care
o Colon rectal surgery
o ENT
o Dermatology
o Endocrinology
o Gastroenterology
o General surgery
o Maternal fetal
medicine
o Orthopedics
o Urology
o Women’s care
• Primary Care
Page 63
Csayhealth
Page 64
10
Obstetrics Emergency Department Item #3.
Bayhealth Hospital, Kent Campus
Key Program
Elements
• 24/7 OB
Physicians on Site
• 4 Exam Rooms
Page 64
( sayhealth
Page 65
11
D
Item #3.
Projects in Progress
Page 65
{ sayhealth
Page 66
12
Additional Beds 5th Floor 24 Bed Unit Item #3.
Bayhealth Hospital, Sussex Campus
Status:
• Construction 14 Med Surge beds
o Began 1/5/2021 8 Med/Surg beds
o Completion end of
capab le of negative
pressure isolation
September 2021 2 Med/Surge
iso lation ADA/
Bariatric beds
Sussex Campus Projed
'~ health CAN\JONJESIGN
Page 66
( sayhealth
Page 67
13
Route 9 Medical Office Building Item #3.
Ambulatory Center and Freestanding Emergency Department
Status:
• Services
o 24-hour freestanding ED
o Primary care
o Specialist physicians
o Diagnostic imaging
• Construction
o Expected completion in
early 2023
Page 67
{ sayhealth
Page 68
14
Harrington Medical Office Building Item #3.
Status:
• Sale and Easement Agreements
Finalized
• Concept Design and Program
Complete
• Construction Estimated
Completion in Early 2022
Services:
• Primary Care
• Specialty Care
• Diagnostic Services
Page 68
{ sayhealth
Page 69
15
Delaware Turf Item #3.
Status:
• Interior Fit-Out Well
Underway
• Estimated Move in
Remains 4/15/2021
• Services
o Primary care
o 1st State Orthopedics
o Physical therapy
Page 69
' Bayhealth
Page 70
16
GME IM Continuity Clinic – 804 N. Dupont Hwy Milford Item #3.
Status: ru ~8
• Permits Received STAFF LOUNGE
e
• Containment Installed
• Demolition Complete
• All The New Spaces Have Been
Roughed-in And Drywall Installed.
Next Steps:
• Phase 1 Will Complete 2/26/21.
• Phase 2 Will Begin After Staff Moves
Into New Pediatrics Building.
Page 70
( sayhealth
Page 71
GME: Family Medicine Continuity Clinic Item #3.
17
Status:
• Sale Closed on January 29
• Lease Agreements Signed
(Labcorp, CNMRI Sleep, Kent
Physical Therapy)
• Building Permits Obtained
• Construction Underway
Next Steps:
• Complete Construction
• Clinic Operational 6/1/2021
Page 71
{ sayhealth
Page 72
18
GME: On-Call Rooms & Classrooms Item #3.
Bayhealth Hospital, Kent Campus
r·~-i-:"=c;;;;~.;;;;~~==~~~~7t 'irr~~~~f ~~~~lEiF=rrd1r=fF7i==rr=; =n==r=~;;:::¾~I
Status: Existing ED Admin.
I
I
Conference Room
I
I
I
I
• Permit Set Submitted to City
I
• Currently in Review by Fire Marshal
I I I I I I I
• Bids Received and Reviewed
DD DD DD DODD
I I I
• fi!;;F,o
I .I
•I DODD 0
I I I I I I I
• Relocation of Bed Storage and IT
DD DD DD DODD
I I . I I I I I
DD DD DD DODD
Complete
Next Steps:
• Submit to OHFLC for Approval •••••••••
000000000 dCTl'i
• Construction to Begin End of
Existing ED Admin Office Suite.
February Minor renovations to accommodate GME Project.
Page 72
( sayhealth
Page 73
19
GME: Academic Office Item #3.
Bayhealth Hospital, Kent Campus
Phase 2B
Status:
• Phase 2A Complete
• Phase 2B Fit-Out
Construction
Underway
Next Steps:
• FFE Install March 29
• Phase 2B Turn-Over
4/2/2021
Phase 2A
Page 73
( sayhealth
Page 74
20
6th Floor Pediatrics
Bayhealth Hospital, Kent Campus D
Item #3.
Key Program Elements
• Locate Pediatrics Adjacent to Women’s Services
• Lockdown 6 Locations
• System Integration (HUGS Infant Abduction, Fire
Alarm and Security Systems)
• Convert 1 Patient Room to Airborne Infection
Isolation Room
Next Steps:
• Phase 1 Completion End of March 2021
• Complete Construction by June 2021 Page 74
( sayhealth
Page 75
21
Sterile Processing Item #3.
Bayhealth Hospital, Kent Campus
Status:
• Reconfigure Sterile
Processing to Provide
Improved Workflow, Storage,
and Efficiency.
Next Steps:
• Construction
o Begins April 2021
o Complete Sept. 2021
Page 75
( sayhealth
Page 76
22
Main Lobby Security Upgrades Item #3.
Bayhealth Hospital, Kent Campus
Project Scope:
• Permanent Separation
Between ED Waiting and
Main Hospital ___ _ J
• New Main Desk to Support
Visitor Management
Page 76
' Bayhealth
Page 77
23
Master Planning Item #3.
Bayhealth Hospital, Kent Campus
Objectives:
• Modernization and
Expansion of Spaces
o Operating Rooms
o Cath Lab
o Interventional Radiology
o Endoscopy services
• Private Rooms
• Decompression of Non-
Essential Administrative and
Clinical Services
• Expanded Parking
Page 77
{ sayhealth
Page 78
24
Scull Property Item #3.
Page 78
( sayhealth
Page 79
25
Scull Property Item #3.
~ NOTICE
~ Dover Planning
I
Commission Act io n
Si te Development M,1ster Plan
Ba,,•.,.;,dllh St,t'I P,1,~111g Lot Ewpan'>IOr'
::11 :h~ ~(U I PrcpPr'.','
APPLICATION S 20 10
I
I
• Scull Property
• Placed on National Register of Historic
Places 3/20/1973
• Not Located Within the Dover Historic
District
• Building is in Poor Condition and Does Not 7
I
I
I
I
Lend Itself for Commercial Use
I
I
I
I Page 79
I
Bayhealth
Page 80
Dover Outpatient Center Item #3.
26
Status:
• In Negotiations
Announcement to
Come Soon
Page 80
{ sayhealth
Page 81
D
Item #3.
Page 81
G aiJhealth
Page 82
Item #12.
Memo to: Randy Robertson, City Manager
Traci McDowell, City Clerk
Date: March 18, 2021
Subj: Dissolution of Agreement for Transportation Improvement District
In 2013 the City Planner brought to the Safety Advisory and Transportation Committee a proposal for
creation of a Transportation Improvement District (TID) for the US13/Bay Road Corridor. In November of
2013 City Council authorized the City Manager and the City Planner to begin negotiations with DelDOT
to create the TID and a proposed Agreement Regarding Dover US Route 13/Bay Road Corridor
Transportation District and an accompanying map of the district boundaries. The purpose of the
agreement was to create a Land Use and Transportation Plan (LUTP) which would be the basis of future
capital improvements along the corridor to be funded by developer charges as development projects.
Originally the City was to provide data about existing and future land development expectations with
DelDOT to prepare the LUTP. The intent of the TID was to secure funding for transportation projects on
a regional rather than incremental basis as future development occurred. Some data collection was
done after signing of the agreement in the 2014-2015 time period, but the project stalled because of
concerns over the TID boundaries and development projects that were already in the planning and
construction pipeline (thereby changing some of the parameters).
Discussion with DelDOT were held more recently and it was determined that much of the developable
land designated in the 2013-2014 period were already committed and had been subject to specific
transportation planning and analysis.
DelDOT and the City determined that the market demand for increased development and
redevelopment in the TID has changed and further determined that existing policies and procedures
were sufficient to secure necessary transportation improvements, thereby negating the potential
purposes of the original TID designation and agreement. DelDOT has proposed an agreement for
dissolving the TID as no longer being necessary.
Because the original designation and authorization for the agreement were approved by Council, I am
recommending that the matter be sent to Council seeking authorization for the City Manager to execute
the proposed Agreement of Dissolution.
Please contact me if you have questions. If agreeable to this approach, please let me know and I will
work with the City Clerk to put the item on an upcoming agenda.
Dave Hugg
Attachments: Proposed Agreement of Dissolution
Page 82
Page 83
Item #12.
AGREEMENT REGARDING
THE DISSOLUTION OF THE
DOVER US ROUTE 13 /BAY ROAD CORRIDOR
TRANSPORTATION IMPROVEMENT DISTRICT
BETWEEN
_f ' .
DELAWARE DEPARTMENT OF TRANSPORTATION,
CITY OF DOVER
AND
DOVER/KENT COUNTY METRO POLIT AN PLANNING ORGANIZATION
PROJECTMANAGER: SARAH COAKLEY,DELDOT
THIS AGREEMENT, made and entered into this_ _ _ __ _ _ day of
_ _ __ _ _ _2021 , by and between the Delaware Department of Transportation, as First
Party, hereinafter referred to as the DEPARTMENT, the City of Dover, as Second Party,
hereinafter referred to as the CITY, and the Dover/Kent County Metropolitan Planning
Organization as Third Party, hereinafter referred to as the Metropolitan Planning Organization or
MPO.
WITNESSETH:
WHEREAS, the DEPARTMENT and the CITY established a Transportation
Improvement District, hereinafter referred to as the TIO, in the US Route 13 / Bay Road Corridor,
through an agreement executed on November 19, 2014, and
WHEREAS, the TID was established for the purpose of securmg required
improvements to transportation facilities in that area. and
WHEREAS, the DEPARTMENT and the CITY have determined that market
demand for increased development and re-development in the TIO has changed since the
November 2014 agreement, and
WHEREAS, the DEPARTMENT and the CITY have determined that existing
policies and procedures are sufficient to secure required improvements to transportation facilities
in the TIO, and
Page 83
Page 84
DOVER US ROUTE 13 /BAY ROAD CORRIDOR Item #12.
TRANSPORTATION IMPROVEMENT DISTRICT
Page 2 of3
WHEREAS, the purpose of the MPO is to coordinate land use and transportation
planning within the area it serves, which includes the geographic boundaries of the TID, and the
MPO is a party to the November 2014 agreement,
NOW, THEREFORE, for and in consideration of the mutual covenants, hereinafter
stipulated to be kept and performed, it is agreed between the parties as follows:
The DOVER US ROUTE 13 /BAY ROAD CORRIDOR TRANSPORTATION
IMPROVEMENT DISTRICT is hereby dissolved and the TID AGREEMENT executed on
November 19, 2014, is hereby terminated and shall have no further force or effect.
IN WITNESS WHEREOF, the parties hereunto have caused this AGREEMENT to be
executed in quadruplicate, the date and year first above written.
FOR THE DELAWARE DEPARTMENT OF TRANSPORTATION:
DATE:
- - - - - - -- - - -
Marc Cote, Director of Planning
ATTEST:
DATE:
Charlanne Thornton, Director, Finance
- - - -- - - - -- - -
APPROVED AS TO FORM:
DATE:_ _ _ _ _ __ _ _ _ __
George T. Lees III
Deputy Attorney General
Page 84
Page 85
Item #12.
DOVER US ROUTE 13 / BAYROAD CORRIDOR
TRANSPORTATION IMPROVEMENT DISTRICT
Page 3 of 3
FOR THE CITY OF DOVER:
DATE: _ _ __ _ _ _ _ _ __
Randy Robertson, City Manager
APPROVED AS TO FORM:
DATE: _ _ _ _ _ _ _ _ _ __
Nicholas Rodriguez, Esq., Solicitor, City of Dover
FOR THE DOVER/KENT COUNTY METROPOLITAN PLANNING ORGANIZATION:
DATE:_ _ _ _ _ _ _ _ _ __
Marilyn Smith, Executive Director
Page 85
Page 86
ACTION FORM
Item #13.
PROCEEDING: Council Authorization – Disposition of Property
DEPARTMENT OF ORIGIN: Planning DATE SUBMITTED: March 12, 2021
PREPARED BY: David S. Hugg III
SUBJECT: Disposition of City property – Transfer of property to State of Delaware
REFERENCE: City Charter, Section 29
RELATED PROJECT: Dover Family Court – New Construction Project
REVIEWED BY: Nick Rodriquez
EXHIBITS: Attached: Letter from OMB dated March 10, and two exhibits: Existing Conditions and
Proposed Conditions prepared by Tevebaugh Architects dated February 17, 2021. Letter dated March 9 from
the City Solicitor to the City Manager.
EXPENDITURE REQUIRED: None AMOUNT BUDGETED:
FUNDING SOURCE (Dept./Page in CIP & Budget): None
TIMETABLE:
STAFF RECOMMENDATION: Authorization for City Manager
BACKGROUND AND ANALYSIS
The Office of Management and Budget of the State of Delaware acting on behalf of Family Court has requested
that the City transfer ownership of an unnamed alley that extends north from W. Water Street through the site of
the proposed new Kent County Family Court building to be constructed at the corner or W. Water Street and S.
Governors Avenue. The State has requested that the alley be transferred to State ownership, giving them full
control of the property. The State would then grant adjacent property owners cross access easements to allow
ingress and egress from their properties across a portion of the State’s property. Additionally, a portion of the
alley extending south to W. Water Street would be eliminated. Upon completion of the project an accessway
from Bank Lane would be extended south to the rear of the Family Court building providing the cross access
easement. These are shown on Exhibits “Existing Conditions” and Proposed Conditions.”
The public purposes accomplished by the disposal of the alley facilitate the construction of a new Family Court
and support Council’s direct action. The City Solicitor has opined that the City Charter at Section 29 leaves
alleys under the supervision of Council so Council would have the power to order the alley abandoned, allowing
a transfer of ownership to the State.
Action requested: Staff requests that Council authorize the City Manager to execute an Agreement with the
State and to execute a deed of transfer as set forth in the Exhibits.
Page 86
Page 87
Item #13.
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
OFFICE OF MANAGEMENT AND BUDGET
Randy Robertson
City Manager
City Hall
15 Loockerman Plaza
Dover, Delaware 19901
March 10, 2021
Dear Mr. Robertson,
The new Kent County Family Court project will be located at the NE corner of S. Governors Avenue and
W. Water Street. The footprint of the proposed new courthouse is located on top of the existing alley
that extends North from W. Water Street into the site. In order to construct the new Family Courthouse
project, the State of Delaware is requesting a land ownership between the City of Dover and the State of
Delaware for the ownership of the alley. This would give the State full ownership and control of the
alley. The State would then grant the adjacent property owners a cross access easement to allow
ingress to and egress from their properties on a portion of the State's property and then eliminate the
alley to the South for the new courthouse construction.
Proposed Outline for the sequence of steps :
Step 1- Land ownership transaction between City and State for the alley. Note that the State will grant
cross easement access to the two lots that are adjacent to the alley and front S. State St. This will be
formalized with cross access easements during the lot consolidation and recordation process.
Step 2 - Finalize the real estate transfer process with Shank Shack and King of Clubs property owners.
Step 3 - Create the vehicular accessway out to Bank Lane and establish cross access easement language
with the neighboring properties.
Step 4- Record Plan with cross access easements.
Page 87
Page 88
Item #13. TB/ED AR~
Page 88
, :
J ~
I
I
L__ - - - - -- - ----- ,, ,)
-_- ---=-,-
;:_=~--=T
-
-=~~~=-,
. . ' .. ' qJ
- ,~;-;
.,- 11~7,;"~
-;~ ; -~f ~:.:.
;-7," ~~ =~:..:.-_=_:::_::.::
--_• -- -~-:~--,
~ ~! ~
j_
~1;0 ---r
29 -. :
[
L
- -
=-=---=-=--
_,
:, ,I l, 13?, 111 ::•
I
1 1 / ~---
--==--
I
34
-
- ,
," l
-,,;:=:::!:::-=-_j
:
1·
L ___________ __J I
•L __ _
•
i: ' - '.
-"-=--~ ~~ fr\ -
---_J' ---
.~
----- ti=--•
I --,___- '_L__--•-:-f -:L_ 3:' t
,_._,:':'::::':='~-~-•
r----r-r-3~
~-~GFJjT~~:...,
J
1
~ -- J '--------------
o,m
'
'.
TH
,
I)
-
26
t.-~·j ~
25" ,· , L ,
,I
f-- ' I
,
I
,
'
-,- ~ta ·
cn 1I
ffi ~
>
l
! i \\
. --===- - - -
----~~~'.?__ --,- ---------
1
: !
------=-=----==-- _1_ __ ___J_I 44
38 I , ,l:J
I__ j ~
~
,• 1-
<
~
0 I •
24 I 11 -- - --- -- - -----..., I I --------.J - - - - f
• I· ----- "{ ' -~ •
-- - --- --- -- ~
23
ii
Ii •
- - 48
I · L==---~--
•I -- --- -----_- .__·-..::..--:::-::-=---- _ --- --iI- - - - -~---"---_J
.. 'i II I ,·
D
C
I
I
r-:-i
~ }----------------
L---------
47
-·-
- -- ---.--l
I -
I
:
---~.:..... ~~;
...---=::::i !
~
I, ------ .,~, ,~ ,-1-, - 1n--r.,
ir.:---:-,,,,--.,. ___---:_-;---:-:-----,---,~---~_ D KENT COUNTY
FAMILY COURTS
i
r- I ·- _ ,. I !
i -7 .---! . ! , ! l ! ! !1 .- ..... ... .
I
,, .,, §= ~- ,1 : 1" 111 1, , 1, i i ; n,11; ; 1111; 11; r, 11 -,
. ii I I -I I I : I I : I l I I I " I
. . . . . . . . !l •
r=;;, , i
I 116WEST WA1ERSJR£ET
~OE"l9901
i L --~ I=: :::t= i ! " ! ;j' re:_-·_'__=!
m,
D0MSt0NOF
FACILITIES
•
I! 'I . =:t= Li ': '1 'I ': I• •1 •! ,i ,1 l, .1 •1 l, IJ ,, ,, ,1 1 , I ! ! I I I , , I I: 7
I
MAINTENANCE.
J_ ~ I .-~
L
I-·
f- -· 51 , , l,
i STATE OF CELWARE
.J~ 61
\' I '--1 ; ; . , , . ' ' ' • ' • • , l i l l l _, L- - - -- . . , :
. - l____1u. i ! i : i : i ! ' : i r1i i ! i ' ' i , , , , ; , ~- r-T--, 55 .i , !
THQMASCOUf(.S8lJIU)St0$,
I OlJPON1' HIGHWAY', SUITE 1
I •• ~-.m.11-·!J!IJ
B
,' -:::.._ ______~:_=---~~-~-_,,ti( ~ -- ------ ' ' ' ' ' ! . ! I ! ! ;d d l! i ! I l ii l ! l ! L___ D OEMOLITIOH SJTE
PURPLEAREAISTHE
EXISTING ALLEY 7 ----- ------ - - - -- - -- -
----
---
----
- - --- - ----
- - ,
....l,.~. .- J-- llillJ
-- ---·- ---·- '!','I:
- - - - - - - -
PLAN
W. WATERST
--7r(1li\'
\I
I I
l
Tt±J-}ln =:j ''
rr
D SCHEMATIC DESIGN
•
OJSSUEDFOR
A @ ·a .,-:r
•'!tPf1'".mr~
EXISTING CONDITIONS
EXHIBIT PREPARED BY BILL LENIHAN
TEVEBAUGH ARCHITECTURE 2/17/21
....
___,.,
II
,,. I : ' " ::::
'3 ADS01
Page 89
Item #13. ARU Page 89
biJ
TE\/En
L. __ - - - -
1~ tH ~
Jj \S-----------~ ---, --------------~I JI~I)
,I
l :LJ ' : ~ II
E
~ BANKLN
-~ lfT I11 1l}_J---
.rnmn--: 4~---- ----
30 L __ _ __ _ __ _ __ _J ''
- - T -- L __ _
33!~ ~ ,
lLll_~ --
I
_ _l_
--- ·~
_JI
-- l ---- l\\':\,}s ; - -, -- THEGREEN "
-~--- E:l ---- -- BLUE
THE LIGHT -- AREA
-- IS --
THE -- -- ' ~
PROPOSED .39
-~:il
STATE OWNED VEHICULAR ACCESSWAY.
LOTS THAT FRONTS. STATE ST. AND THE
D
w GREEN WOULD BE GIVEN CROSS ACCESS - II I 44'
EASEMENTS FRi'Jltl THIS ACCESSWAY. r
~
en
0::
0
z
0::
w
24 >
0
<.?
46 ....en
ui
, ,_ __________ ,__ ___________ __·- --- ---- -- ·- - -- - -'-- -----_. . ___, ~
.._
w
0
E:=~
en
I ui
C ::=,~_:. : ~S: ._..,s.; ...
~5
D KENT COUNTY
I
I
I FAMILY COURTS
~ ~ ~~ ~ STREET
I
PARKING
' D OMSJONOF
21 YELLOW AREA IS Tfr
'E
[Jj I
FACILITIES
MAINTENANCE,
STATE OF DELWARE
PROPOSED KENT C LINTY I
FAMILY COURT BUI DiNG
__ FOOTPRINT _ , ' ________ __J
L __ _ THOMAS COUNS BUllD SIO S
OUPONT HIGtfWAY, SUTE 1
DOVER, OE 19702
D ARCHITECTURAL
B SITE PLAN
PURPLE AREA IS THE / W. WATER ST
T'[ J_&'." ~
Pn - Tff:J
_J r1l1 Ji I i1 ; i W I ) r l! r D SCHEMATIC DESIGN
•
DJSSUEDFOR
@~•'"'"""'
II
p ,-
.
A
PROPOSED CONDITIONS
EXHIBIT PREPARED BY BILL LENIHAN
TEVEBAUGH ARCHITECTURE 2/17/21
AS01
Page 90
Item #14.
FIRST READING
CITY OF DOVER ORDINANCE #2021-06
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 102 - Taxation, Article IV – Abatement of Real Estate Taxes, Section 102-113 –
5 Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment be amended by inserting the text
6 indicated in bold, blue font as follows:
7
8 ARTICLE IV. - ABATEMENT OF REAL ESTATE TAXES
9
10 Sec. 102-111. - Purpose.
11
12 In the opinion of city council, the abatement of city real estate taxes for certain qualifying
13 industries and businesses defined herein best promotes the public welfare by providing incentives
14 for them to expand or locate in the city, thereby creating new employment opportunities for the
15 citizens of the city and ultimately strengthening the city's tax base.
16 In the opinion of council of the City of Dover, the abatement of city real estate taxes for certain
17 qualifying homeowners in certain designated areas of the city thus promotes the public welfare by
18 providing incentives for these homeowners to purchase residences and locate in these areas in the
19 city.
20 (Code 1981, § 19.5-31; Ord. of 12-11-2000; Ord. of 8-8-2005(2); Ord. No. 2014-01, 2-10-2014 )
21
22 Sec. 102-112. - Authority.
23
24 Article VIII, section 1 of the constitution of the state provides that real property located within
25 the boundaries of any incorporated municipality may be exempted from municipal property tax by
26 the municipality when, in the opinion of the municipality, it will best promote the public welfare.
27 (Code 1981, § 19.5-32; Ord. of 12-11-2000)
28
29 Sec. 102-113. – Qualifications.
30
31 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the
32 meanings ascribed to them in this subsection, except where the context clearly indicates a
33 different meaning:
34 Control with respect to a corporation means ownership, directly or indirectly, of stock
35 possessing 50 percent or more of the total combined voting power of all classes of the stock
36 of such corporation entitled to vote and 50 percent or more of the shares of such corporation
37 entitled to vote and 50 percent or more of the total number of shares of all other classes of
38 such corporation's stock.
39 Control with respect to a trust means ownership, directly or indirectly, of 50 percent or more
40 of the beneficial interest in the principal or income of such trust. The ownership of stock in a
41 corporation, of a capital of profits interest in a partnership or association, or of a beneficial
Page 90
Page 91
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 2
Item #14.
42 interest in a trust shall be determined in accordance with the rules for constructive ownership
43 of stock provided in section 267(c) of the Internal Revenue Code (26 USC 267(c)).
44 Expanded facility means any qualified property that is modified with an improvement or
45 addition (other than a replacement resulting from the acquisition, construction, reconstruction,
46 installation, or erection of improvements or additions resulting from repairing, refurbishing,
47 retooling, recycling, or other similar process or procedure that merely preserves or restores
48 the value of an existing facility and not including any improvement or addition that, in the
49 determination of the council, does not constitute an integral part of a qualified activity), if
50 such improvements or additions are placed in service by the taxpayer after January 1, 2001.
51 Abatement will only be to the extent of the taxpayer's qualified investment in such
52 improvements or additions.
53 Large vacant commercial facility means a building of 20,000 square feet or larger and vacant
54 continuously for 18 months or more.
55 New facility means any qualified facility (other than an expanded facility or a replacement
56 facility) constructed by the taxpayer after January 1, 2001. For the purposes of this article, the
57 term "constructed" means the issuance of a building permit for $1,000,000.00 or more with
58 regards to subsection (b)(1) of this section, and the issuance of a building permit for
59 $3,000,000.00 or more with regards to subsection (b)(2) of this section.
60 Placed in service and original use have the meanings ascribed to such terms under section
61 167 of the Internal Revenue Code (26 USC 167) and regulations promulgated thereunder.
62 Qualified activity means any activity constituting manufacturing (other than any repair,
63 refurbishing, retooling, recycling or other similar process or procedure that merely preserves
64 or restores the value of a product or that does not change the inherent nature of a product or
65 material). Such term includes any activity engaging in business as a wholesaler; the CCBA
66 and any subsequent legislation as enacted by the state; any home offices and operating units
67 of insurance companies; and any combination of activities described herein.
68 Qualified employee means any person employed within the city/county on a regular and full-
69 time basis.
70 Qualified facility means any qualified property located in the city that constitutes a new or an
71 expanded facility, located within the industrial park manufacturing district, industrial park
72 manufacturing 2 district, industrial park manufacturing 3 district, or manufacturing
73 district, and that is used by a taxpayer in or in connection with a qualified activity.
74 Qualified investment for any taxable year is based on the value of a qualified facility as of the
75 last business day of such taxable year.
76 Qualified property means any building and its structural components, and any other
77 improvement to real property. Such term includes the land on which such building or other
78 improvements are located, if ownership of said land and structural improvements is identical.
79 If any property is owned or leased by the taxpayer in common with any other person or
80 persons, such property may constitute "qualified property" only to the extent of the taxpayer's
81 proportionate interest.
82 Related person means a corporation, partnership, association, or trust controlled by the
83 taxpayer; or an individual, corporation, partnership, association, or trust that is in control of
Page 91
Page 92
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 3
Item #14.
84 the taxpayer; or a corporation, partnership, association, or trust controlled by an individual,
85 corporation, partnership, association, or trust that is in control of the taxpayer.
86
87 (b) Established. Industries/businesses may qualify for property tax abatement either by meeting
88 the industry function qualifications detailed in the following subsection (b)(1) or the
89 investment qualifications detailed in the following subsection (b)(2) or the occupancy
90 qualifications detailed in the following subsection (b)(3):
91 (1) Qualifying industries/businesses by function.
92 a. Manufacturers and financial institutions as defined by the FCDA, CCBAA, and
93 subsequent legislation and home offices and operating units of insurance companies
94 shall be qualifying industries, including, but not be limited to, distributors,
95 transportation (air, rail, barge, truck), printing and publishing, and food processing.
96 b. Investment and employees. The qualifying industry must invest at least
97 $1,000,000.00 in a qualifying new or expanded facility in the city and hire at least
98 20 qualified employees (including owners/operators), 75 percent of whom shall be
99 city/county residents not employed by the qualifying industry/activity at the time of
100 its relocation/expansion within the city. The council may, at the time of application,
101 reduce the 75 percent requirement to a lesser percentage, but not less than 50 percent.
102 The qualifying industry agrees to supply information verifying compliance with this
103 section in whatever legally acceptable manner the council shall so request.
104 (2) Qualifying industry/businesses by investment. Industries/businesses that do not meet the
105 qualifications as specified in subsection (b)(1) of this section can nevertheless qualify for
106 property tax abatement by investing a minimum of $3,000,000.00 in a new or expanded
107 facility in the city located within the industrial park manufacturing district, industrial park
108 manufacturing 2 district, industrial park manufacturing 3 district, or the
109 manufacturing district, and hire at least 15 qualified employees (including
110 owners/operators), 75 percent of whom shall be city/county residents not employed by
111 the qualifying industry/activity at the time of its relocation/expansion within the city. The
112 council may, at the time of application, reduce the 75 percent requirement to a lesser
113 percentage, but not to less than 50 percent. The qualifying industry agrees to supply
114 information verifying compliance with this section in whatever legally acceptable manner
115 the council shall so request.
116 (3) Qualifying industry/business by occupying a large vacant commercial facility. Entities
117 that do not qualify for property tax abatement under subsection (b)(1) or (b)(2) can qualify
118 for property tax abatement by (a) purchasing a large vacant commercial facility if the
119 purchase of the large vacant commercial facility will result in the employment of 15 or
120 more full-time employees; or (b) leasing a large vacant commercial facility if the initial
121 lease term is at least ten years, the lease of the large vacant commercial facility will result
122 in the employment of 15 or more full-time employees, and the occupying tenant submits
123 a letter of intent to lease and requests the abatement for either their own benefit when the
124 tax burden is the responsibility of the tenant, or on behalf of the owner when the tax
125 burden is the responsibility of the owner. The demolition of a large vacant building and
126 the construction of a new replacement 20,000 square feet or greater that meets the
Page 92
Page 93
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 4
Item #14.
127 conditions of [subsection] (b)(3) of section 102-113, Qualifications, shall qualify for
128 abatement.
129 (c) Benefits.
130 (1) The council may abate city real estate taxes on a ten-year sliding scale as follows, or
131 upon any other scale or method deemed most advantageous by the council for the public
132 welfare:
Fiscal Year Construction Ended ..... 100 percent reduction of taxes
First year of operation ..... 90 percent reduction of taxes
Second year of operation ..... 80 percent reduction of taxes
Third year of operation ..... 70 percent reduction of taxes
Fourth year of operation ..... 60 percent reduction of taxes
Fifth year of operation ..... 50 percent reduction of taxes
Sixth year of operation ..... 40 percent reduction of taxes
Seventh year of operation ..... 30 percent reduction of taxes
Eighth year of operation ..... 20 percent reduction of taxes
Ninth year of operation ..... 10 percent reduction of taxes
Tenth year of operation ..... 0 percent reduction of taxes
133
134 (2) Unless otherwise directed by the council, year one of the abatement period will
135 commence with the first property tax billing following the completion of the qualifying
136 new or expanded facility and the meeting of all requirements as detailed in subsections
137 (b)(1) and (b)(2) of this section. Abatement for expanded facilities will be limited to
138 expansion value only.
139 (3) All quarterly property taxes for new construction, as defined in section 49A of the city
140 Charter, will likewise be abated for qualifying new or expanded facilities.
141 (4) The property tax abatement program will have no effect on both citywide revaluations
142 of property values for taxation purposes and the institution of those new values.
143 (d) Any persons purchasing residential real property in which they will reside within the
144 downtown redevelopment high priority target area defined in Appendix C shall be given tax
145 relief from the payment of real estate taxes in the following manner: first year of ownership,
146 total tax abatement; second year of ownership, 75 percent tax abatement; third year of
147 ownership, 50 percent tax abatement; fourth year of ownership, 25 percent tax abatement;
148 fifth year of ownership, no tax abatement. Provided however that the homeowner is required
149 to occupy the home as their principal place of residence during the entire time that the taxes
150 are abated and if the property ceases to be their principal place of residence at any time during
151 the four-year period of abatement, then they shall lose their right of abatement and shall be
152 required to pay immediately all taxes abated up to the time that the home ceases to be their
153 principal residence. In order to obtain the tax abatement, the homeowner must make
CJPage 93
Page 94
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 5
Item #14.
154 application by affidavit submitted to the city assessor showing qualification for the abatement
155 and each year thereafter, submit a similar affidavit showing their continued right to the
156 abatement. If qualification for the abatement ceases within the four-year period of abatement
157 the homeowner is required to notify the city assessor of the lack of qualification for the
158 abatement and within 90 days from the date the qualification ceases, pay all taxes abated in
159 the past.
First year of owner occupancy ..... 100 percent reduction of taxes
Second year of owner occupancy ..... 75 percent reduction of taxes
Third year of owner occupancy ..... 50 percent reduction of taxes
Fourth year of owner occupancy ..... 25 percent reduction of taxes
Fifth year of owner occupancy ..... 0 percent reduction of taxes
160
161 (Code 1981, § 19.5-33; Ord. of 12-11-2000; Ord. of 8-8-2005(3); Ord. No. 2011-11, 7-11-2011;
162 Ord. No. 2011-17, 8-8-2011; Ord. No. 2015-03, 2-23-2015 ; Ord. No. 2019-20 , 1-13-2020)
163
164 Sec. 102-114. – Application process.
165
166 (a) Letter. An initial application for abatement shall be by letter sent to the city assessor by the
167 taxpayer, specifying the exact provisions under which the applicant qualifies (i.e., type of
168 industry, financial investment, level of city/county resident staffing, level of ownership and
169 control, etc.).
170 (b) Time of application. Applications may be made at any time prior to the issuance of a
171 certificate of occupancy for the subject property. Applications for tax abatement received after
172 the certificate of occupancy for a subject property has been issued will be rejected.
173 (c) Notice. The city assessor shall notify the applicant within 30 days if the project would meet
174 all conditions for approval.
175 (d) To council. After a certificate of occupancy is issued for the subject property, the city
176 assessor shall determine if all qualifications for a tax abatement have been met. When so
177 satisfied, the city assessor shall present the abatement request, with all qualifying
178 documentation, to the city council for approval.
179 (e) Extension. When the applicant cannot meet all qualifications for tax abatement at the time
180 the certificate of occupancy is issued, an automatic 24-month approval extension shall be
181 activated. If qualifications remain unfulfilled at the expiration of the approval extension, the
182 abatement application will be denied by the city assessor.
183 (f) Statement of compliance. The council shall require an annual statement of compliance as a
184 condition to remain eligible for the abatement program. The statement, due by April 15 of
185 each year, shall be used to ensure continued fulfillment of all abatement qualifications. Failure
186 to submit a requested statement of compliance shall disqualify any participation in the
187 abatement program for the property tax billing following the missed April 15 deadline. The
CJPage 94
Page 95
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 6
Item #14.
188 reduction of taxes percentage for the disqualified billing year will be extinguished as unused,
189 with the next lower percentage becoming available for the following tax year.
190 (Code 1981, § 19.5-34; Ord. of 12-11-2000)
191
192 Sec. 102-115. – Termination of ownership.
193
194 If, prior to the expiration of the ten-year abatement period, the qualifying facility is sold to a
195 non-associated outside party, the council has the option to both cancel all remaining years of the
196 abatement program for the facility, and/or require the selling party to reimburse the city for all
197 tax abatement amounts allowed. The acceptance of any tax rebates under this article constitutes
198 acceptance of this reimbursement provisions.
199 (Code 1981, § 19.5-35; Ord. of 12-11-2000)
200
201 Sec. 102-116. – Affordable apartment housing complexes.
202
203 (a) A multifamily apartment complex which meets all of the following criteria shall be entitled
204 to a five-year phase-in of real property taxes:
205 (1) It must consist of no less than 30 units.
206 (2) It must be required by a deed restriction or other legal document to lease not less than
207 80 percent of the residential units located therein to persons whose annual income is 60
208 percent or less of area median income adjusted by household size as defined by the
209 Federal Department of Housing and Urban Development (HUD) for Kent County,
210 Delaware.
211 (3) It must have been approved by the Delaware State Housing Authority (DSHA) for
212 financing of new construction, or DSHA-defined substantial rehabilitation of existing
213 housing; and, acquisition if DSHA-defined substantial rehabilitation is being done.
214 (b) The phase-in of real property taxes shall be in accordance with the following table:
Reduction of Taxes
Year of Operation
(Percent)
1 100
2 75
3 50
4 25
5 0
215
216 (c) Unless otherwise directed by the council, year one of the abatement period begins in the tax
217 year after the completion of the new construction or rehabilitation of existing housing.
CJ
Page 95
Page 96
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 7
Item #14.
218 (d) All quarterly property taxes for new construction, as defined in section 49A of the City
219 Charter, will likewise be abated for apartment complexes that meet the aforementioned
220 criteria.
221 (e) This property tax abatement program will have no effect on both citywide revaluations of
222 property values for taxation purposes and the institution of those new values.
223 (f) Any person who purchases a property for which an application for the abatement was made,
224 or for which the abatement was approved, will have the rights and benefits of the application
225 or approved abatement.
226 (g) The approval of all abatements under this program shall be by the city assessor. Notice of
227 action taken in determining entitlement to the abatement shall be given to the property owner.
228 The property owner shall have rights of appeal as outlined in section 47 of the Dover City
229 Charter.
230 (Ord. of 7-10-2006)
231
232 Sec. 102-117. – Construction of new facility.
233
234 (a) Tax abatement benefit. During the construction of a new facility or an expanded facility,
235 meaning after the issuance of a building permit and prior to the issuance of a certificate of
236 occupancy, improvements less than 100 percent complete by January 1 shall be eligible for
237 an abatement of city real estate taxes.
238 (b) Application; eligibility.
239 (1) Separate application under this subsection shall be submitted to the office of the assessor
240 pursuant to the requirements of subsection 102-114(a) no later than 30 days after notice
241 of eligibility is issued.
242 (2) Applicants must certify that they are in good standing pursuant to section 1-13 of the
243 City Code. All construction must be active at the time of application.
244 (c) Limitation on applicability.
245 (1) Abatement under this subsection may not exceed a period of 12 months.
246 (2) Notwithstanding other provisions of this subsection, the abatement period may, at the
247 discretion of the assessor, be extended for a period not to exceed an additional 12 months
248 for good cause shown. Good cause includes, but is not limited to, increase in the scope of
249 the project, acts of nature, and, as long as no party with control of the new facility is at
250 fault, fire or vandalism. Abandonment of a project shall not be considered good cause.
251 (d) Right to appeal. Any aggrieved taxpayer shall have the right to appeal the decision of the
252 assessor to the city council. Appeals must be filed with the council not more than ten days
253 after the date the written decision of the assessor is issued.
254 (Ord. No. 2011-02, 2-14-2011)
255
256
257
CJ
Page 96
Page 97
Proposed Ordinance #2021-06 - Abatement of Real Estate Taxes Page 8
Item #14.
258 Sec. 102-118. - Revocation of eligibility.
259
260 The beneficiary of the incentives provided by this article must remain current on all
261 obligations due the city. If, at any time after the incentives have been granted, the beneficiary of
262 the incentives becomes delinquent on any of the obligations listed in section 1-13(b), the city
263 manager shall revoke the eligibility for any portion of the incentives not yet received by the
264 beneficiary. Notice shall be given to such beneficiary in writing.
265 For the purposes of this section, the beneficiary of the incentives shall include the person or
266 artificial entity that receives the incentive and the owner of one-half or greater interest in an
267 artificial entity that receives the incentive.
268 ( Ord. No. 2014-01, 2-10-2014 )
269 Secs. 102-119—102-150. - Reserved.
270
271
272 ADOPTED: *
273 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-06 - CH 102 - TAXATION ART IV - ABATEMENT\ORDINANCE 2021-06-CH 102-
274 TAXATION-ART IV-ABATEMENT-FIRST READING.DOCX
275
276
277 SYNOPSIS
278 Article VI established a real property tax abatement incentive for qualifying industries in certain districts
279 of the City. This amendment to Article VI adds the Industrial Park Manufacturing 3 district to the areas
280 of the City wherein the property tax abatement can be requested. The Industrial Park Manufacturing
281 District (IPM3) was added to the zoning ordinance in 2018 to permit aviation and aeronautics uses,
282 however the tax abatement incentive option was not included. This amendment adds the IPM3 district to
283 the portions of the City where the abatement can be applied.
284 (SPONSORS: HARE AND ROCHA)
285
286
287 Actions History:
288 03/22/2021 – Scheduled for First Reading – City Council
289 03/09/2021 – Introduction - Legislative, Finance, and Administration Committee
CJ
Page 97
Page 98
Item #15.
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
March 22, 2021
Owner: Silver Linings Holdings Corp. c/o Tolano Anderson
Address: 630 W Division Street, Dover DE
Location: South side of W. Division Street opposite Ridgely Street
Tax Parcel: ED-05-076.08-01-40.01-000
Size: 1.08 acres (47,275.3 SF)
Present Use: Professional Office
Proposed Use: Office and Residential
Comprehensive
Plan Designation: Mixed-Use
Present Zoning: C-3 (Service Commercial Zone) and COZ-1 (Corridor Overlay
Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor
Overlay Zone)
Reason for Request: To amend the zoning of the 1.08+/- acre parcel at 630 W. Division
Street, Dover DE 19904 from C-3 to C-2A.
File Number: Z-21-03
Ordinance Number: 2021-07
Page 98
Page 99
City of Dover Application No.: Z-21-03
Item #15.
Department of Planning & Inspections
IPM RG-1
M
C-2A
t
C-3 est S
NW
ely S C-3
Ridg
C-3
M t
est
SW
C-2A
St
S t
r IO ivis ion
ton D
WD
Wes C-2A
Site
C-3
C-1A
Fore
st
C-1 St
C-1A
IO
RG-1
RG-1 C-3
Lincoln St
Cherry St
IO
Davis Cir
RG-1 C-3
RG-1
R-8 R-8
Tile: Lands of Silver Linings Holding Corp.
Ordinance #: 2021-07
Addresses: 630 W. Division Street Legend
« D-
Parcel ID: ED-05-076.08-01-40.01-000
Subject Property
Existing Zoning: C-3 Service Commercial Zone and
COZ-1 Corridor Overlay Zone 2012 Buildings
Proposed Zoning: C-2A Limited Central Commercial Zone
Zoning
COZ-1 Corridor Overlay Zone
Owner: Tolando D. Anderson, Silver Linings Holding Corp. D
-
Dover Parcels
Date: 03/11/2021
Corridor Overlay Zone
0 100 200 400 Feet
Page 99
Page 100
Item #15.
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2021-07
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT
3 630 WEST DIVISION STREET
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
6 limits of the City of Dover; and
7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
8 described below from C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone)
9 to C-2A (Limited Central Commercial zone) and subject to the COZ-1 (Corridor Overlay Zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
11 DOVER, IN COUNCIL MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from C-3
14 (Service Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-2A (Limited
15 Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that property
16 located at 630 West Division Street (on the south side of West Division Street and opposite the
17 intersection with Ridgely Street), consisting of 1.0853+/- acres, owned by Silver Linings Holding
18 Corporation.
19 (Tax Parcel: ED-05-076.08-01-40.01-000; Planning Reference: Z-21-03; Fourth Council District)
20
21 ADOPTED: *
22 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-07 - REZONING - 630 WEST DIVISION STREET\ORDINANCE #2021-07 - REZONING - 630 WEST
23 DIVISION STREET - FIRST READING.wpd
24 Actions History
25 March 22, 2021 - Scheduled for First Reading - City Council
Page 100