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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held by video conference on April 12, 2021 at 7:30 p.m.
with Council President Hare presiding. Council members present via video or telephone were
Mr. Anderson, Mr. Sudler (arrived at 7:35 p.m.), 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 Mayor Christiansen.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Rocha.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha 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. Taylor and carried by
a unanimous roll call vote.
CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL - 2021 DELAWARE
INTERSCHOLASTIC ATHLETIC ASSOCIATION (DIAA) UNIFIED BASKETBALL
TEAM CHAMPIONS
The City Clerk read the following Certificate of Congratulation into the record:
CERTIFICATE OF CONGRATULATIONS
presented to
The Dover High School Unified Basketball Team
on being the 2021 Delaware Interscholastic Athletic Association (DIAA) Unified Basketball Team
Champions. We commend the following student-athletes for their outstanding performance:
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 2
Javione Jackson
Drew Kuntzi
De'Marius Lee
Lake Lindale
OM Patel
Steven Powell
Daniel Rivera
Matthew Sadusky
JayDen Tickner
Jakai Wyatte
The entire team and Coaches Michael Denman, Gavin Schukoske, Nikola Sijan, Aaron Vaughn, and
Team Mom Jennifer Gumble are applauded for their remarkable achievement. We enjoyed cheering
you on and look forward to next season.
CERTIFICATE OF RECOGNITION - CITY OF DOVER LINEMEN
The City Clerk read the following Certificate of Congratulation into the record:
CERTIFICATE OF RECOGNITION
presented to
Jason Bitter
Mathew Espil
Brian Kempista
Liam Maher
in recognition of bravery and going above and beyond for the City of Dover. On March 3, 2021
Jason Bitter, Mathew Espil, Brian Kempista, and Liam Maher responded to a service call in Kings
Cliffe Mobile Home Park. The lineman noticed smoke coming from a unit and contacted 911. The
four men removed electrical power and searched for residents. No residents were found but the
family dog was taken from the fire. Bitter, Espil, Kempista, and Maher began to put out the fire
reducing damage to the unit until Dover Fire Department arrived on scene.
The City of Dover extends its gratitude for your bravery and keeping our citizens safe.
On behalf of the Mayor and Council, Mayor Christiansen, Mr. Randy Robertson, City Manager, and
Mr. Paul Waddell, Electric Director, presented the Certificates to Jason Bitter, Mathew Espil,
Brian Kempista, and Liam Maher.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 3
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872, J. Sterling Morton, a Nebraska pioneer, proposed that a special day be set
aside for the planting of trees by individuals and civic organizations, resulting in the first celebration
of Arbor Day on April 10, 1872, with an estimated one million trees being planted in Nebraska that
day. In 1885, Arbor Day was named a legal holiday and has since become a national event
promoted by the National Arbor Day Foundation, whose mission is to inspire people to plant,
nurture, and celebrate trees; and
WHEREAS, the City of Dover was named a Tree City USA in 2021 for the thirty second
consecutive year by the National Arbor Day Foundation in recognition of the City's outstanding
urban forestry program, which includes the maintenance of over 2,250 street trees by the Grounds
Division. The City of Dover Planning and Inspections Department's Tree Planting and Preservation
Ordinance has caused the planting of thousands of trees in all subdivisions and commercial sites
since 1992, and the City has continued to aggressively plant street trees between curbs and sidewalks
in almost every available site in the City; and
WHEREAS, these trees not only contribute to the beautification of the City, but they also help
remove pollution from the atmosphere, improve the quality of life of citizens, and can reduce a
household's energy consumption by up to 25%. These trees will also live as a part of Dover's rich
history; and
WHEREAS, the Delaware State champion American Elm on The Green may be the only living
witness to Delaware's ratification of the United States Constitution that took place at the Golden
Fleece Tavern in 1787, underscoring that planting and caring for trees is a special gift that one
generation passes down to the next.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim April 24th, 2021 as ARBOR DAY in the City of Dover and urge
all citizens to support efforts to care for trees along our streets, in our parks, and in our yards. As
the City of Dover plants trees on public property, I urge all citizens to plant trees on their properties
to enhance the environment and promote the well-being of present and future generations.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Roger
Ridgeway, Jr., Field Supervisor II.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 4
PROCLAMATION - VETERANS CRISIS AWARENESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, veteran suicide and veterans in crisis are a public health challenge that causes
immeasurable pain among individuals, families, and communities. Public awareness is critical to
preventing further loss of life; and
WHEREAS, the 2020 National Veteran Suicide Prevention Annual Report states that 6,435
veterans lost their life to suicide in 2018. Veterans accounted for 13.8 percent of all deaths by
suicide in the United States. In Delaware, 16 veterans committed suicide in 2018 accounting for 21.9
percent of the total number of suicides in Delaware.
WHEREAS, the Dover Mayor's Veterans Crisis Awareness Challenge Committee was formed to
establish the best way to get mental health and crisis resources out to veterans, their families, and
loved ones which includes suicide prevention coordinators, mental health professionals, emergency
personnel, veterans' organizations, and volunteers.
WHEREAS, the purpose of the initiative is to assist veterans in emotional crisis; including mental
health treatment, suicidal ideations, or housing, financial, and family problems that could cause a
veteran to become suicidal; and
WHEREAS, emergency, mental health, and crisis information and resources are distributed to
communities via outreach so that veterans and their loved ones have necessary assistance and vital
information readily available.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim May 24 - May 31, 2021 as Veterans Crisis Awareness Week
in the City of Dover and encourage all residents to honor our veterans and recognize the vital role
we all play to make a difference in helping to prevent veteran suicide.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Anna
Lopez, Mr. Dave Skocik, and Mr. Randy Robertson.
Mayor Christiansen noted that the Mayor’s Challenge to End Veteran's Homelessness, with the work
of Ms. Lopez, Mr. Skocik, and Mr. Bill Farley, housed over 1300 homeless veterans and their
families. Noting that 22 active military, reserve, and veterans from all wars that this country has
participated in commit suicide on a daily basis, they joined together to lead the charge on the
Mayor's Suicide Prevention Committee, which turned into their Crisis Alleviating Committee,
because, in addition to suicide, there are many other challenges that active duty military and veterans
face.
Ms. Lopez advised that she is currently chairing the Ramirez Crisis Awareness Initiative and
Challenge, focusing on veterans' suicide and family members. She noted that they are trying to get
as much information out to the public as possible to help prevent veteran suicide and their family
members or loved ones that suffer as well.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 5
VIOLATION OF THE DANGEROUS BUILDING ORDINANCE (EMERGENCY CASE) -
846 WESTVIEW TERRACE
In accordance with Chapter 22, Article XI - Dangerous Buildings, Sec. 22-388 - Emergency cases,
of the Dover Code, in cases where it reasonably appears that there is an immediate danger to the life
or safety of any person, unless a dangerous building is immediately repaired, vacated and closed,
or demolished, the building inspector shall report such facts to the council, which may cause the
immediate repair, vacation, or demolition of such dangerous building.
Mr. Eddie Kopp, Chief Code Enforcement Officer, provided a chronological history and
presentation on the conditions of the house located at 846 Westview Terrace.
Staff recommended that City Council: 1) declare this building and all accessory structures on this
property dangerous; 2) Order the property demolished or repaired by April 26, 2021 by the owner
or equity owner at their own risk; 3) Order the Building Inspector to cause the demolition of the
structures if not completed by the owners within 10 days of the date established by City Council;
4) Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition
to be charged against the land on which the building exists as a municipal lien or cause such cost
to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered
in a suit at law against the owner.)
Mr. Kopp advised that he went by the property that day and it has further deteriorated and the
interior doors of the property are visible from the outside because the roof has further collapsed. He
spoke with the owner and the contractor and work was supposed to start that morning but it had not
started as of 2:30 p.m.
Responding to Mr. Sudler, Mr. Kopp stated that a permit had been submitted via email at 3:00 p.m.
that day, however, it had not been reviewed or approved.
Mr. Rocha asked if it was the intention of the owner to repair or demolish the house. Mr. Kopp
replied that he had been trying to work with the owner for at least two months and, prior to him,
Mr. Ron Coburn worked with the owner. Mr. Kopp noted that the owner had stated several times
that work, or at least cleanup of the property, would begin. He advised that the property owner had
been asked to remove the debris and place a tarp on the roof to prevent further damage. Mr. Kopp
stated that there had been no good faith effort shown by the property owner.
Mr. Taylor stated that he had also submitted photos of the property. He stated that he and Council
President Hare pass this house every day because it is on their street. Mr. Taylor, noting that the
tornado damage occurred in August, stated that the neighbors have been talking to them about it ever
since it happened and they have been unable to resolve the situation. He advised that the property
is dangerous, the roof is wide open, and there is heavy microbial growth with mold spores blowing
everywhere. Mr. Taylor stated that this is a dangerous property and it needs to be demolished
immediately and that the new permit being sought should not be granted. He noted that the property
owner had plenty of opportunities to get right with the insurance company, to get right with
whomever else he needed to and he has chosen not to do.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 6
Council President Hare declared the public hearing open and, there being no one present wishing
to speak, the public hearing was closed.
Mr. Sudler moved that the structure located at 846 Westview Terrace be declared a dangerous
building and ordered that the property be demolished or repaired by April 26, 2021, in
accordance with the process recommended by staff. The motion was seconded by Mr. Taylor
and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 22, 2021
The Minutes of the Regular Council Meeting of March 22, 2021 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Taylor and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 23, 2021
The Council Committee of the Whole met by video conference on March 23, 2021
at 6:00 p.m., with Council President Hare presiding. Members of Council present via
video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha,
Mr. Taylor, and Mr. Lindell (arrived at 6:03 p.m.). Mayor Christiansen was also
present. Civilian members present for their Committee meetings were Mr. Shelton
(Safety Advisory and Transportation), Ms. Maucher (Utility), and Mr. Contant
(arrived at 6:07 p.m.) and Mr. Shevock (Legislative, Finance, and Administration).
UTILITY COMMITTEE
The Utility Committee met with Council President Hare presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Purchase of Two Electric Bucket Trucks (Actionable Items)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding
the Purchase of Two Electric Bucket Trucks.
Staff recommended authorizing the purchase of both trucks from Altec to replace
Truck #772 and Truck #759.
Mr. Neil moved to recommend approval of Staff's recommendation, seconded
by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 7
by Mr. Rocha and unanimously carried.
Meeting adjourned at 6:02 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council President
Hare presiding in the absence of Chairman Lindell.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and
unanimously carried.
Community Development Block Grant (CDBG) Renewal Recommendations -
Fiscal Year 2021 (Actionable Item)
Mrs. Tracey Harvey, Planner/Community Development Block Grant (CDBG)
Administrator, reviewed the background and analysis regarding the Community
Development Block Grant (CDBG) Renewal Recommendations for Fiscal Year
2021.
Staff recommended approval of the proposed Community Development Block Grant
(CDBG) allocation recommendations totaling $311,600 for Fiscal Year 2021.
Responding to Mr. Neil, Mrs. Harvey provided the following information:
• Two of the lenders have already secured funding for homes in the area for
National Council on Agricultural Life & Labor Research Fund, Inc (NCALL)
clients.
• The program promotes itself; however people can find more information on
the City's website and every lender knows about the program and refers
clients on an annual basis as funding is replenished.
• NCALL and the City of Dover determine the eligibility for the buyers, based
on the Department of Housing and Urban Development (HUD) income limit
guidelines and their credit score.
Responding to Mr. Sudler, Mrs. Harvey provided the following information:
• The public service activities include Dover Interfaith Mission and the Central
Delaware Housing Collaborative. She stated that the money goes toward
operational costs for the shelters.
• The organizations also get grant funding from the Federal Housing
Administration (FHA), but they rely on the City's grant funding in order to
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 8
stay in operation.
• Regarding the demolition of dwellings, the City of Dover pays for the cost
of demolition and abatement, which is the environmental process.
Responding to Mayor Christiansen, Mrs. Harvey stated that she believed that the
City of Dover has been involved in the CDBG program since 1996. Mayor
Christiansen noted that it started with hiring Mr. Nadab Bynum, one of Mrs.
Harvey’s predecessors.
Mrs. Harvey noted that the City also received over $475,000 in CARES Act funding
and a lot of that was geared toward motel vouchers for the homeless, due to
COVID-19. She stated that 90% of those funds have been spent, and they have been
making an impact in Dover as far as addressing homelessness.
Mr. Neil moved to recommend approval of the proposed Community
Development Block Grant (CDBG) allocation recommendations totaling
$311,600 for Fiscal Year 2021, as recommended by Staff. The motion was
seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Proposed Resolution No. 2021-04 Authorizing the Issuance and Sale of up to
$1,563,000 General Obligation Bonds for the Improvements to the City of Dover
HVAC Systems (Actionable Item)
Ms. Lori Peddicord, Controller/Treasurer, reviewed Proposed Resolution
No. 2021-04 Authorizing the Issuance and Sale of up to $1,563,000 General
Obligation Bonds for the Improvements to the City of Dover HVAC Systems
Staff recommended adoption of Proposed Resolution No. 2021-04.
Responding to Mr. Contant, Ms. Peddicord stated that she did not know the City’s
total outstanding debt but could provide the information electronically after the
meeting.
Mr. Neil moved to recommend adoption of Proposed Resolution No. 2021-04,
as recommended by Staff. The motion was seconded by Mr. Taylor and
unanimously carried.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 9
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation. The
motion was seconded by Mr. Rocha and, by a unanimous roll call vote, Council adopted
Resolution No. 2021-04, as follows:
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $1,563,000
GENERAL OBLIGATION BONDS FOR THE IMPROVEMENTS TO THE CITY OF
DOVER HVAC SYSTEMS AND AUTHORIZING ALL NECESSARY ACTION IN
CONNECTION THEREWITH
WHEREAS, the City of Dover (the "City") is authorized pursuant to Section 50, Volume 77,
Chapter 130, as amended ("the City Charter") to issue general obligation bonds for the municipal
purposes of the City as set forth in a resolution authorizing such issuance; and
WHEREAS, pursuant to the City Charter, the City desires to issue a general obligation bond for the
municipal purposes set forth herein (the "Bond");
WHEREAS, the City has approved certain capital construction projects and improvements and
desires to issue the Bond to finance the costs of said improvements, including, but not limited to
replacement and improvement of HVAC systems as set forth on Exhibit A and costs of issuance of
the Bond (the "Projects").
NOW THEREFORE THE CITY OF DOVER HEREBY ORDAINS (AT LEAST THREE
FOURTHS OF THE MEMBERS OF COUNCIL CONCURRING HEREIN):
Section 1. Amount and Purpose of the Bond. Acting pursuant to the City Charter, the City
shall issue its general obligations in the maximum aggregate principal amount not to exceed
$1,563,000 to finance or refinance a portion of the cost of the construction and equipping of the
Projects, an estimate of which is appended hereto as Exhibit A.
The monies raised from the sale of the Bond (including the investment earnings thereon)
after the payment of the costs of issuance, shall be expended only for the purposes authorized herein
or as may otherwise be authorized by subsequent action by City Council. Authorized purposes
include the costs of planning, constructing, acquiring and equipping the Projects or any portion
thereof; interest on the Bond and any interim financing during the construction period and for a
period of up to one year following the estimated date of completion; the costs of issuance of the
Bond and any interim financing; the repayment of temporary loans incurred with respect to the
Projects; and the reimbursement of authorized costs previously expended by the City from other
funds.
Section 2. Terms of the Bond The Bond shall be sold to PNC Bank, National Association
(the "Lender") pursuant to a proposal dated March 12, 2021 and the other terms and conditions to
be contained in a Loan Agreement between the City and the Lender (the "Loan Agreement"). The
Bond is anticipated to bear interest at a fixed rate of interest not to exceed 3.00% with a maturity
date of June 15, 2031 (the "Maturity Date"). It is further anticipated that interest only will be paid
monthly on the 15th day of each calendar month through June 15, 2021 and, thereafter, fully
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 10
amortizing principal and interest will be paid monthly on 15th day of each calendar month for ten
(10) years with a final payment of all amounts due and payable paid on the Maturity Date.
Section 3. Security for the Bond. The full faith and credit of the City shall be pledged to pay
principal and interest on the Bond.
Section 4. Qualified Tax-Exempt Obligation. The Bond is hereby designated as a qualified
tax-exempt obligation within the meaning of § 265(b)(3)(B) of the Internal Revenue Code of 1986,
as amended (the "Code"). For purposes of § 265(b)(3) of the Code, the Issuer and all entities that
issue on behalf of the issuer do not reasonably anticipate issuing more than $10,000,000, inclusive
of the Bond, of tax-exempt obligations in calendar year 2021.
Section 5. Details of the Bond. The Mayor and Controller/Treasurer are authorized to
determine the details of the Bond including the following: the date or dates of the Bond; provisions
for either serial or term bond; sinking fund or other reserve fund requirements; due dates of the
interest thereon; the form of the Bond; the denominations and designations of the Bond; registration,
conversion and transfer provisions; provisions for the receipt, deposit and investment of the proceeds
of the Bond; provisions for the replacement of a lost, stolen, mutilated or destroyed Bond; and
provisions for issuing uncertificated obligations and all procedures appropriate for the establishment
of a system of issuing uncertificated debt. The Bond shall be executed by the manual or facsimile
signature of the Mayor and Controller/Treasurer, shall contain an impression of the City Seal or a
facsimile thereof and shall be attested by the manual signature of the City Clerk.
Section 6. Declaration of Intent. Pending issuance of the Bond, the City may finance the
Projects with other funds which will be reimbursed with the proceeds of the Bond, provided that (a)
the Bond shall not be used to reimburse any expenditure paid more than sixty (60) days prior to the
present date; (b) the Bond shall not be issued more than eighteen (18) months after the later of (i)
the date of the first expenditure to be reimbursed with the proceeds of the Bond, or (ii) the date the
Projects are placed in service; and (c) in no event may the Bonds be issued more than three (3) years
after the date of the first expenditure to be reimbursed with the proceeds of the Bond; and provided
further that the limitations of this Section 6 shall not apply to qualified "preliminary expenditures",
costs of issuance of the Bond or a de minimis amount, as permitted by Treasury Regulations §
1.150-2(f).
Section 7. Further Action. Each of the Mayor, the President of the City Council, the
Controller/Treasurer, the City Manager and the City Clerk are authorized and directed to take such
other action on behalf of the City, as may be necessary or desirable to effect the adoption of this
Resolution and the issuance and sale of the Bond and to provide for their security and to carry out
the intent of this Resolution, including the publication of notices and advertisements and the
execution and delivery of customary closing certificates.
Section 8. Effective Date. This Resolution shall become effective immediately upon its
passage. The City Clerk is hereby directed to publish once in a newspaper published in the City a
notice in substantially the following form:
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 11
"NOTICE IS HEREBY GIVEN that the City Council of The City of Dover, Delaware on
April 12, 2021 pursuant to Chapter 130, Volume 77, Delaware Laws, as amended, adopted a
resolution entitled as follows:
"RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $1,563,000
GENERAL OBLIGATION BOND FOR THE IMPROVEMENTS TO CITY OF DOVER HVAC
SYSTEMS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION
THEREWITH"
"The purpose of the issuance and sale of said bond is to provide funds (not to exceed
$1,563,000) to pay a portion of the costs of certain projects including, but not limited to: (1) Chiller
replacement and cooling tower/pump replacement for Police Department; (2) Replace entire HVAC
system at City Hall, (3) Replace HVAC system and all components at Warehouse Building and (4)
pay costs of issuance of said bond.
"Any action or proceeding to contest the validity of said resolution or any of its provisions
must be commenced within thirty (30) days after publication of this notice. After expiration of such
period of limitation, no right of action or defense founded upon the invalidity of said resolution or
any of its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions
be open to question in any court upon any ground whatsoever, except in an action or proceeding
commenced within such period."
By order of the City Council of the City of Dover.
By order of the City Council of the City of Dover.
ADOPTED: APRIL 12, 2021
Mr. Neil moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Shevock and unanimously
carried.
Meeting adjourned at 6:19 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 12
Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision -
General Requirements and Design Standards, Section E - Lots (Lands of
Bayroadcap LLC at 600 Bay Road) - Waiver of Requirement for Lot Frontage
on a Public Street associated with Minor Subdivision Plan to subdivide property
consisting of 12.94 acres into two parcels (Lot 1 and Lot 2) (Actionable Item)
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the Petition to Waive
Zoning Ordinance Provision: Elimination of Lot Frontage Requirement on a Public
Street associated with Minor Subdivision Plan to subdivide property consisting of
12.94 acres into two parcels (Lot 1 and Lot 2) at 600 Bay Road, requested by
Bayroadcap LLC.
The Planning Commission recommended approval of the Subdivision Waiver
allowing for the elimination of the requirement for Lot 1 to have frontage on a public
street and requiring conditions to establish a series of easements among the Lots.
Responding to Mr. Taylor, Mrs. Melson-Williams stated that the request was not
going to adversely affect the fire department or the police department's access.
Responding to Mr. Neil, Mr. Jonathan N. H. Street, Becker Morgan Group, Inc.,
stated that the subdivision does not pose any kind of problem. He stated that Lot 1
is for the State Police building and facilities and Lot 2 allows the developer to
reorganize the construction loans and financing for the projects. He noted that the
State Police building and all of its improvements are complete and they do not have
any problems with Kent Conservation District’s (KCD) comments or the City's
electric comments. Mr. Street advised that the bulk of the City of Dover's electric
facilities are already installed.
Mr. Neil moved to recommend approval of the request for waiver, as
recommended by Planning Commission. 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. Rocha and carried by a unanimous roll call vote.
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)
Due to the absence of Ms. Lachelle Paul, Criminal Justice Committee Chair,
National Association for the Advancement of Colored People (NAACP) Delaware
State Conference of Branches, Mr. Taylor requested that this item be deferred to the
next Safety Advisory and Transportation Committee meeting.
By unanimous consent, this item was moved to the next Council Committee of
the Whole/Safety Advisory and Transportation Committee meeting.
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Mr. Neil moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 6:28 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 6:29 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Rocha and carried by a unanimous roll call vote.
MONTHLY REPORTS - FEBRUARY 2021
By motion of Mr. Neil, seconded by Mr. Taylor, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Planner’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
RESOLUTIONS
Mr. Slavin moved to waive the reading of Resolutions numbered 2021-05, 2021-06, 2021-07,
and 2021-08. The motion was seconded by Mr. Neil and unanimously carried.
Mrs. Lisa Chase, Grant Writer, advised that, approximately two weeks ago, they were made aware
of community project funding being made available from House Appropriations that non-profit
organizations and municipalities could apply for.
Mrs. Chase reviewed the projects being proposed for funding. She advised that each Representative
can choose 10 projects from his or her state and that the process is highly competitive.
By unanimous consent the following Resolutions were adopted by a unanimous roll call vote:
COUNCIL RESOLUTION NO. 2021-05
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A COMMUNITY PROJECT FUNDING GRANT FOR THE DOVER WATER
QUALITY AND EXPANSION INITIATIVE
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 14
WHEREAS, Everyday cities across the country utilize water to operate and provide services to the
people to live and work. Of all municipal services, provision of potable water is perhaps the most
vital. People depend on water for drinking, cooking, washing, carrying away wastes, and other
domestic needs. Commercial and industrial customers rely on water to perform necessary processes
for their businesses. Water supply systems must also meet state, local and federal requirements for
potable water; and
WHEREAS, The City of Dover Department of Water & Wastewater works diligently to maintain
a safe and abundant water supply by meeting the state, local and federal treatment requirements for
potable water. The staff completes daily water samples to verify said requirements are met. Staff
works with the Delaware Department of Natural Resources and Environmental Control to assure our
water allocation levels are sufficient for our customers and future growth; and
WHEREAS, The City of Dover is applying for a Community Project Funding Grant for the Dover
Water Quality and Expansion Initiative as this Community Project Funding is made available
through the House Committee on Appropriations for community-based projects of genuine need
across the United States; and
WHEREAS, The Dover Water Quality and Expansion Initiative is planned for three phases; this
important and critical project will improve the current water distribution and increase the capacity
of the water system; and
WHEREAS, The first phase will improve the aesthetic quality of its potable water. Due to the
combination of the required treatment and the material of the existing water mains, the City
occasionally experiences discolored water when delivered to its customers. This project would
increase consumer confidence and increase the flow rate of the main, which would increase fire
protection capabilities; and
WHEREAS, The second phase pertains to the current water production levels. The City of Dover
operates a total of twenty wells for their customers. Each well produces a valuable service to the
citizens. This request would be to install a new water production well in Silver Lake Park in the
City of Dover. This will provide redundancy with our distribution system, provide increased fire
protection if needed and potentially allow economic growth to the capital of the First State; and
WHEREAS, The third phase relates to current water storage. The City of Dover operates a water
distribution system with seven existing elevated water storage tanks throughout the service territory.
Unfortunately, there is not an existing tank in the northwest section of the City. This area of the City
has lower water pressure than the remainder of Dover. Adding a tank in this area will increase the
water pressure and increase fire protection for the citizens of Dover. Additionally, this could
potentially allow economic growth to the capital of the First State; and
WHEREAS, Completion of these important projects will improve the water infrastructure for the
city of Dover and could generate economic growth in the City in these areas. This project will
impact the entire population as well as visitors to the City of Dover; and
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 15
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
Delaware, that the City Manager or his designee be authorized to apply for a Community Project
Funding Grant for the Dover Water Quality and Expansion Initiative.
ADOPTED: APRIL 12, 2021
COUNCIL RESOLUTION NO. 2021-06
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A COMMUNITY PROJECT FUNDING GRANT FOR THE DOVER PARK
COMMUNITY BUILDING AND ACCESSIBLE PLAYGROUND
WHEREAS, City parks and open space improve our physical and psychological health, strengthen
our communities, and make our cities and neighborhoods more attractive places to live and work.
Numerous studies have shown the social, environmental, economic, and health benefits parks bring
to a city and its people; and
WHEREAS, Dover Park has served the recreational needs for the east side residents of the city and
Kent County, and the wider city for nearly 50 years, providing a place to take a walk in the woods,
do an aerobics class, attend YMCA summer youth programs, have a family picnic, play disc golf,
tennis, basketball and utilize playground equipment; and
WHEREAS, Dover Park, the oldest of the 25 parks and park areas, as part of a Parks and Recreation
Master plan, will be renovated with the addition of a community building that will house educational
programming, exercise classes, parks staff and summer camp programs; and
WHEREAS, As part of the major renovation plan for Dover Park, an accessible playground for the
park will be built. The accessible playground at Dover Park will: Be ADA accessible; offer play and
exploration opportunities of all ages and abilities; keep existing playground, but incorporate with
new playground area; have swings, which were the most desirable component from public surveys
and public meetings; provide connecting pathways and desirable amenities, such as seating and
shade; and have different surface/texture types, which are safe and accessible; and
WHEREAS, The City of Dover is applying for a Community Project Funding Grant for the Dover
Park Community Building and Accessible Playground, as this Community Project Funding is made
available through the House Committee on Appropriations for community-based projects of genuine
need across the United States; and
WHEREAS, The City of Dover Parks and Recreation will provide safe and enjoyable park
experiences and ensure that these two amenities planned for Dover Park will contribute to the
overall vitality of the City of Dover. The successful completion of these projects will achieve greater
availability of outdoor activities, increased community pride and a healthier community; and
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 16
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
Delaware, that the City Manager or his designee be authorized to apply for a Community Project
Funding Grant for the Dover Park Community Building and Accessible Playground.
ADOPTED: ADOPTED APRIL 12, 2021
COUNCIL RESOLUTION NO. 2021-07
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A COMMUNITY PROJECT FUNDING GRANT TO DEVELOP A REUSE PLAN FOR
THE EXISTING DOVER UNITED STATES POST OFFICE FACILITY AND SITE
WHEREAS, the existing United States Post Office at 55 Loockerman Plaza is an essential element
of Dover's downtown, having been an identifying feature in its current location on Loockerman
Street since 1960; and
WHEREAS, the existing Dover Post Office facility is obsolete and on an insufficiently large site
to support postal operations, requiring the United States Postal Service (USPS) to construct a new,
modern retail and carrier operations facility on Bank Lane, thereby causing the existing facility to
become available for other uses; and
WHEREAS, in 2019 the City and the USPS exercised provisions of a prior agreement providing
for the Post Office to vacate the site with the property reverting to the City of Dover once it is no
longer in use, thereby creating an opportunity for another community purpose; and
WHEREAS, Federal funding is available from the Community Project Funding Grant program
through the House Committee on Appropriations for community-based projects of genuine need
across the Unites States; and
WHEREAS, a comprehensive assessment and reuse plan is needed to determine the best uses of
the facility and property, to include a structural analysis of the facility, a preliminary environmental
assessment, a community outreach process, development of conceptual plans, architectural
renderings, demolition/construction cost estimates, and such other information as is required to
guide a reuse project.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
Delaware, that the City Manager or his designee be authorized to apply for a Community Project
Funding Grant to develop a reuse plan for the existing Dover Post Office facility and site.
ADOPTED: APRIL 12, 2021
COUNCIL RESOLUTION NO. 2021-08
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 17
A RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION FOR
COMMUNITY PROJECT FUNDING - PLANNING FOR THE REUSE OF MCKEE RUN
GENERATING STATION SITE
WHEREAS, The McKee Run Generating Station was built in1962 and has been an integral part of
the City electric system until recently; and
WHEREAS, the McKee Run Generating Station has been declared obsolete and will be taken
off-line and decommissioned on May 31, 2021, with demolition and site remediation to follow; and
WHEREAS, the facility site is zoned for manufacturing uses, designated for Industrial Land Use
in the City's 2019 Comprehensive Plan, contains approximately 17 acres with over 3000 feet of
direct rail access, and is a prime rail-accessible industrial site within the City; and
WHEREAS, the site is bordered on the east by residential uses and nearby schools requiring a
sensitive approach to consideration of its future uses to minimize adverse neighborhood impacts;
and
WHEREAS, Federal funding is available from the Community Project Funding Grant program
through the House Committee on Appropriations for community-based projects of genuine need
across the United States; and
WHEREAS, a comprehensive assessment and reuse plan is needed to determine the best future uses
of the property, to include addressing environmental issues, post-demolition requirements,
neighborhood impacts, utilization of the site's features, zoning, access to the railroad, remaining
utility infrastructure, and other factors.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
Delaware, that the City Manager or his designee be authorized to apply for a Community Project
Funding Grant to develop a reuse plan for the McKee Run Generating Station site.
ADOPTED: APRIL 12, 2021
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE
#2021-08 - PROPERTY LOCATED AT 115 FOX HALL DRIVE, OWNED BY EDWARD C.
AND JOAN N. LARRIVEE
A request was received for annexation and rezoning of property located at 115 Fox Hall Drive,
consisting of 1.131 +/- acres, owned by Edward C. and Joan N. Larrivee. This property is currently
zoned RS-1 (Residential Single Family)(Kent County Zoning Classification) and the proposed zoning
is R-20 (One Family Residence Zone)(City of Dover Zoning Classification). Staff recommended that
the request be referred to the Utility Committee on April 27, 2021 and to the Planning Commission
on May 17, 2021 and that a public hearing be set before City Council on June 14, 2021 at 7:30 p.m.
(Tax Parcel: ED-00-076.05-01-01.00-000; Planning Reference: AX-21-02; Council District 1)
Mr. Neil moved for referral, as recommended, seconded by Mr. Lindell and unanimously
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 18
carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2021-08 AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 115 FOX HALL DRIVE,
OWNED BY EDWARD C. AND JOAN N. LARRIVEE.
FINAL READING - PROPOSED ORDINANCE 2021-06
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
March 22, 2021. Council President Hare reminded members of the public that copies of the
proposed ordinance were available on the City’s website at www.cityofdover.com under
“Government.”
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Anderson and unanimously carried.
By motion of Mr. Neil, seconded by Mr. Anderson, Council, by a unanimous roll call vote,
adopted Ordinance #2021-06, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation, Article IV – Abatement of Real Estate Taxes, Section 102-113 –
Qualifications, (a) – Definitions be amended by amending the definition of “Qualified facility” to
read as follows:
Qualified facility means any qualified property located in the city that constitutes a new or
an expanded facility, located within the industrial park manufacturing district, industrial park
manufacturing 2 district, industrial park manufacturing 3 district, or manufacturing district,
and that is used by a taxpayer in or in connection with a qualified activity.
BE IT FURTHER ORDAINED:
That Chapter 102 - Taxation, Article IV – Abatement of Real Estate Taxes, Section 102-113 –
Qualifications, (b)(2) - Qualifying Industry/Businesses by Investment be amended to read as
follows:
(2) Qualifying industry/businesses by investment. Industries/businesses that do not meet
the qualifications as specified in subsection (b)(1) of this section can nevertheless
qualify for property tax abatement by investing a minimum of $3,000,000.00 in a
new or expanded facility in the city located within the industrial park manufacturing
district, industrial park manufacturing 2 district, industrial park manufacturing 3
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 19
district, or the manufacturing district, and hire at least 15 qualified employees
(including owners/operators), 75 percent of whom shall be city/county residents not
employed by the qualifying industry/activity at the time of its relocation/expansion
within the city. The council may, at the time of application, reduce the 75 percent
requirement to a lesser percentage, but not to less than 50 percent. The qualifying
industry agrees to supply information verifying compliance with this section in
whatever legally acceptable manner the council shall so request.
ADOPTED: APRIL 12, 2021
CITY MANAGER'S ANNOUNCEMENTS
Mr. Randy Robertson, City Manager, made the following announcements:
• The offsite goal setting session is scheduled for April 24th at the library from 9:00 a.m. to
4:00 p.m. He suggested providing any input, thoughts, or comments to the facilitator.
• A meeting was being scheduled for The Siegel Group to return for representatives to address
how they went about the study and to answer any questions.
• A Job fair will be held April 29th with 14 employers participating from the federal
government, the National Guard, Dover Air Force Base, Dover Downs, WSF Bank, and
others. He thanked WSFS Bank for helping to endow the advertisement. He noted that the
Facebook event has had over 4,000 hits and they are looking forward to a great day and
commended Ms. Waley and Ms. Hawkins on their efforts.
• Homeland Security announced through Mrs. Sass approval of an $86,000 grant for security
around some of the City’s well pumps.
• There was still nothing definitive on the American Rescue Funding Act.
• Mr. Robertson commended Mrs. Chase, Mr. Hugg, Mr. Waddell, Mr. Harline, and a host
of others on their work preparing to apply for the congressional earmarks.
COUNCIL MEMBERS' ANNOUNCEMENTS
Council President Hare and other members of Council congratulated Councilman Matt Lindell on
being selected as the 2020 Henlopen Conference Cross Country Coach of the Year.
Mr. Neil moved for adjournment, seconded by Mr. Lindell and unanimously carried.
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CITY COUNCIL MEETING OF APRIL 12, 2021 PAGE 20
Meeting adjourned at 8:29 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of April 12, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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