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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, May 24, 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/apn7xy
Event number: 173 524 8344
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 Boggerty
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. Annual Council Meeting of May 10, 2021
COMMITTEE REPORTS
2. Council Committee of the Whole Report - May 11, 2021
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Utility Committee
3. Evaluation of Bids - Environmental Services Contract
(Committee recommendation: Award a three (3) year contract with the option to extend
in one year increments twice)
Legislative, Finance, and Administration Committee
4. Evaluation of Bids – Automated Trash Truck
(Committee Recommendation: Award the contract to The Pete Store, for the City of
Dover 22 Cubic Yard Automated Side Loading Refuse Collection Body and Chassis,
Bid #21-0033PW, for the amount of $289,500)
5. Discussion - Required Use of City Email by the Council President
Parks, Recreation, and Community Enhancement
6. Review of Active Recreation Area Plan – Bay Pointe Apartments (One Building
Concept) - 1080 and 1106 Bay Road and Adjacent Unaddressed Parcel on Bay Road
(Planning Reference C-21-04)
(Committee recommendation: Approval of the Active Recreation for Conditional Use
Site Plan Application C-21-04 subject to review comments)
7. Presentation - Future Downtown Projects (Downtown Dover Partnership)
ELECTION OF OFFICER - ROBBINS HOSE COMPANY
8. Special Election to Fill Vacancy - Robbins Hose Company - Term to Expire
December 31, 2021 - Second Fire Line Captain - Chad Knotts
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
9. Planning Commission - Three-Year Term to Expire June 2024
A. Nicholas A. Adams - Third District Representative
B. Robert Dennis Hartman - Second District Representative
C. Andrea Maucher - Second District Representative
10. Silver Lake Commission - Joan M. Winters - Two-Year Term to Expire May 1, 2023 (To
fill expired term of Dean E. Holden)
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT SUDLER
11. Construction and Property Maintenance Code Board of Appeals - One-Year Term to
Expire May 2022
A. Councilman David L. Anderson
B. Councilman Fred A. Neil
C. Councilman Gerald L. Rocha, Sr.
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12. General Employee Pension Plan Board - One-Year Term to Expire May 2022
A. Councilman David L. Anderson
B. Councilman Ralph L. Taylor, Jr.
C. City Manager, Randy Robertson (ex-officio member)
D. Controller/Treasurer, Lori Peddicord (ex-officio member)
13. Other Post-Employment Benefits (OPEB) Board - One-Year Term to Expire May 2022
A. Councilman David L. Anderson
B. Councilman Ralph L. Taylor, Jr.
C. City Manager, Randy Robertson (ex-officio member)
D. Controller/Treasurer, Lori Peddicord (ex-officio member)
E. Human Resources Director, Kim Hawkins (ex-officio member)
14. Police Pension Plan - Retirement Committee - One-Year Term to Expire May 2022
A. Councilman David L. Anderson
B. Councilman Ralph L. Taylor, Jr.
C. City Manager, Randy Robertson (ex-officio member)
D. Police Chief Thomas Johnson (ex-officio member)
ITEMS NOT ON THE CONSENT AGENDA
RESOLUTIONS
15. Resolution No. 2021-12 Phase one of Water Quality and Expansion Initiative
16. Resolution No. 2021-13 Garrison Oak And Technology Park Business Road Connector
17. Resolution No. 2021-14 Garrison Oak Business and Technology Substation
18. Resolution No. 2021-15 Community Center at Dover Park
19. Resolution No. 2021-16 Outdoor Wireless Camera Network - Dover Police Department
20. Resolution No. 2021-17 Reuse Plan for the Dover (DE) United States Post Office
ORDINANCES
FIRST READING REFERRAL - The First Reading is offered on the Proposed Ordinances. They are
recommended for referral to the Planning Commission for a public hearing on June 21, 2021 and that a
Public Hearing before City Council be set for July 12, 2021 at 7:30 p.m., at which time the Final Reading
and Council action will take place. The ordinances are 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.
21. Ordinance #2021-12 Amending Appendix B - Zoning, Article III - District Regulations, Section
17 - Shopping Center Development, Subsection 17.33 - Regional Shopping Center (SC-3)
Permitted Uses
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22. Ordinance #2021-13 - Lands of Peter F. and Bonnie S. Reidy at 4 Mifflin Road
Review of Rezoning Application for a parcel of land consisting of 1.248 acres. The property is
zoned CPO (Commercial Professional Office 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 southwest corner of Forrest Avenue and
Mifflin Road.
(Property Owners: Peter F. & Bonnie S. Reidy. Property Address: 4 Mifflin Road. Tax Parcel:
ED-05-076.09-01-11.00-000. Planning Reference: Z-21-04. Council District 1.)
23. Ordinance #2021-14 - Lands of Draper Farm Properties at 1617 Forrest Avenue
Review and Recommendation for a rezoning application for a parcel of land consisting of 5.04
acres. The property is zoned R-10 (One Family Residence 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 north side of Forrest Avenue and
adjacent to Cranberry Run Drive.
(Property Owner: Draper Farm Properties LLC. Property Address: 1617 Forrest Avenue. Tax
Parcel: ED-05-075.00-01-07.00-000. Planning Reference: Z-21-05. Council District 1.)
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
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ANNUAL CITY COUNCIL MEETING
The Annual City Council Meeting was held by video conference on May 10, 2021 at 7:31 p.m. with
Mayor Christiansen presiding. Council members present via video or telephone were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Rocha, Mr. Taylor, Mr. Lindell and Mr. Hare.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mr. Robertson, Mr. Hugg, Fire Chief Carey, Mr. Rodriguez, and Mrs. McDowell.
PRESENTATION OF THE COLORS
The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps
(AFJROTC).
INVOCATION
the invocation was given by Bishop W. James Thomas, II, Senior Pastor, Calvary Baptist Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Miss Liliana Burgos.
NATIONAL ANTHEM
The National Anthem was sung by the Dover High School Chorus.
ADOPTION OF AGENDA
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
COUNCIL RESOLUTION NO. 2021-09 - TIMOTHY A. SLAVIN
The City Clerk read Resolution No. 2021-09 into the record as follows:
WHEREAS, Timothy A. Slavin was sworn into office as Councilman of the Third District on
May 10, 2004 and served with distinction until May 10, 2010. He was again sworn into office on
May 13, 2013 as the At-Large Council Representative and served with distinction until
May 10, 2021; and
WHEREAS, during his many years of service to the citizens of Dover, Timothy A. Slavin served as
Council President and Vice Mayor from May 11, 2015 until May 13, 2019; as Chair of the Safety
Advisory and Transportation Committee; the Legislative, Finance, and Administration Committee;
the Construction Code Board of Appeals; the Education Liaison Committee; and the Sex Offenders
Legislation Review Committee; as Co-Chair of the Services to Seniors Committee; as Secretary of
the Dover 4th of July Committee; and as a member of the Utility Committee; the Council Committee
of the Whole; the Downtown Dover Development Corporation; the Downtown Dover Partnership;
the Haggerty & Haggerty Ad-Hoc Review Committee; the Police Chief Selection Committee; and
as Liaison to Kent County (City/County Committee); and
WHEREAS, throughout his tenure, Timothy A. Slavin has displayed a professional approach to his
duties and a quality of leadership that fostered civility and the respect of his colleagues. His attention
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to detail and open-mindedness guided decision-making based not on emotion but on factual
information and his life's experiences brought an insight and empathy that was beneficial to all; and
WHEREAS, the City of Dover has benefitted from Timothy A. Slavin's genuine care and concern
for his constituents, colleagues, and city and he will always be remembered for his unique ability to
bring about compromise amongst diverse individuals.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
Timothy A. Slavin will be sorely missed and express their sincere appreciation to him and his family
for the dedicated years of service and personal sacrifices made on behalf of the City of Dover.
BE IT FURTHER RESOLVED that the Mayor and Council wish Councilman Slavin and his family
success in all future endeavors and direct the City Clerk to make this resolution a part of the
permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to
Timothy A. Slavin.
ADOPTED: MAY 10, 2021
Mr. Hare moved for adoption of Resolution No. 2021-09, seconded by Mr. Neil and
unanimously carried.
Mr. Slavin noted that it had been his great honor to serve on Dover City Council these past many
years and that he considered it the honor of a lifetime to have participated in their American
democracy. He extended his thanks to all the members of City Council he served with over the years
for their friendship, their fellowship, their mentoring, and for allowing him to learn how to build
consensus, how to persuade and how to disagree with people. Mr. Slavin stated that he respected and
admired them for their service. He noted that they may have disagreed, but they were always united
in their love of the city.
Mr. Slavin extended his gratitude to every employee of the City of Dover, noting that they are the
life force and it is their work that keeps the community thriving. He apologized for those times when
he may have represented the employees with anything less than full support. Mr. Slavin stated that
the employees deserve the support of everyone in the city, noting that they earn it each and every day,
and he was proud to have called them his colleagues.
OATHS OF OFFICE ADMINISTERED BY THE HONORABLE JAMES G. MCGIFFIN, JR.
- FAMILY COURT JUDGE
The Honorable James G. McGiffin, Jr, Family Court, administered the Oaths of Office as follows:
Council - At-Large - Andre M. Boggerty
Council - First District - Gerald L. Rocha, Sr.
Council - Second District - William F. Hare
Council - Third District - Tricia K. Arndt
Council - Third District - Fred A. Neil
Council - Fourth District - David L. Anderson
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ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for
2021/2022.
Mr. Lindell moved to nominate Mr. Neil, Mr. Rocha, and Mr. Sudler to serve as Council
President/Vice-Mayor for 2021/2022, seconded by Mr. Anderson.
Mr. Rocha declined the nomination to serve as Council President/Vice-Mayor for 2021/2022.
Mr. Sudler moved to close nominations, seconded by Mr. Anderson and unanimously carried.
Mr. Sudler moved that a roll call vote be used to elect the Council President/Vice-Mayor, seconded
by Mr. Boggerty.
Mr. Neil expressed his concerns regarding a roll call vote. He noted that in the past they have done
a secret ballot as they do not want intimidation or any sort of recrimination after the vote and that
a secret vote satisfies that.
Mr. Sudler stated that to imply someone would exercise some form of intimidation because it did
not go their way is not statesmanlike. He requested that they move forward with the roll call for
transparency for the community.
Mr. Anderson agreed with Mr. Neil that a secret vote is the preferred way when they have a
competitive election. He noted that his hesitation this one time was because they were not in person
and they have a system that is unproven to them. Mr. Anderson stated that because of the uneasy
nature, he may vote for this particular motion, but does not intend to do it as a precedent.
Mr. Lindell stated that he asked for the history of the secret ballot and there was discussion in the
minutes from 2008, which was when the secret ballot process began. He noted that
Ms. Sophia Russell, former Fourth District Councilwoman, was integral in that discussion about the
Australian or secret ballot. Mr. Lindell respected the idea that some individuals should have the
ability to vote without having to share their opinion, but stated that it did not matter to him and he
would tell whoever wants to know how he voted.
Mr. Rocha noted that the public was adamant about seeing transparency from Council.
Mr. Sudler moved for a roll call vote, seconded by Mr. Boggerty and carried by a roll call vote
of five (5) yes (Anderson, Sudler, Boggerty, Rocha, and Taylor) and four (4) no (Neil, Arndt,
Lindell and Hare).
By a roll call vote of six (6) yes for Mr. Sudler (Anderson, Sudler, Boggerty, Rocha, Taylor,
and Hare), two (2) yes for Mr. Neil (Neil and Arndt), and one (1) abstention (Lindell),
Mr. Roy Suder, Jr. was elected to serve as Council President/Vice-Mayor for 2021/2022.
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Mr. Neil moved to elect Roy Sudler, Jr. by unanimous vote. The motion was seconded by
Mr. Sudler and carried with Mr. Lindell voting no.
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. Sudler moved for adoption of the consent agenda, seconded by Mr. Neil and carried by
a unanimous roll call vote.
PROCLAMATION - ECONOMIC DEVELOPMENT WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, City of Dover's Economic Development is under the Mayor's Office, partnering with
local organizations who are committed to advancing the economic development profession by
providing resources, professional development and networking opportunities; and
WHEREAS, economic developers promote economic well-being and quality of life for our
community by creating, retaining, and expanding jobs that facilitate growth, enhance wealth, and
provide a stable tax base. Economic developers stimulate and incubate entrepreneurism in order to
help establish the next generation of new businesses; and
WHEREAS, economic developers are engaged in a wide variety of settings including rural and
urban, local, state, provincial, and federal governments, public-private partnerships, chambers of
commerce, universities, and a variety of other institutions; and
WHEREAS, economic developers attract and retain high-quality jobs, develop vibrant communities,
and improve the quality of life in their regions.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 9-15, 2021 as Economic Development Week in the City of
Dover and remind individuals of the importance of this community celebration which supports the
expansion of career opportunities and improving quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. David Hugg, Director of Planning and Community Development.
PROCLAMATION - COMMUNITY ACTION MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, for the past 55 years, First State Community Action Agency has improved the lives of
scores of individuals and families throughout the City of Dover by promoting solutions to a broad
range of challenges. The Agency strives to ignite economic growth and promote economic stability,
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which builds stronger communities, fosters self-sufficiency, and helps to ensure that all citizens are
able to live in dignity; and
WHEREAS, First State Community Action Agency has provided greater opportunities for those in
need of assistance by creating pathways to prosperity through programs that offer benefits such as
job training, affordable housing, and utility assistance for seniors; and
WHEREAS, First State Community Action Agency offers innovative solutions that create a greater
chance of success for everyone and continues to be a voice for the disenfranchised in our community.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 2021 as COMMUNITY ACTION MONTH in the City of
Dover in recognition of the hard work and dedication of First State Community Action Agency.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Ms. Sade' Truiett and Ms. Bernice Edwards. First State Community Action Agency.
PROCLAMATION - PUBLIC WORKS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, our public works professionals focus on infrastructure and services that are of vital
importance to sustainable and resilient communities and to the public health, high quality of life and
well-being of the people of the City of Dover; and
WHEREAS, these infrastructure and services could not be provided without the dedicated efforts
of public works professionals of the City of Dover Departments of Public Works', Parks &
Recreation and Water & Wastewater, Grounds, Sanitation, Streets, Stormwater, Water, Wastewater,
Water Treatment and Production, Engineering and Inspections, and Administration Divisions, who
are responsible for operating, maintaining, improving and protecting our City's properties and local
environment, solid waste systems, rights-of-way, water supply, and water and wastewater systems
which are essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children of the City of Dover
to gain and maintain knowledge and progressive interest regarding the importance of public works
and public works programs in the community; and
WHEREAS, the American Public Works Association 2021 National Public Works Week theme,
"Stronger Together," embraces the City of Dover community by working together, the impact
citizens and public works professionals have on our community is magnified and results in the ability
to accomplish goals once thought unattainable.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 16 - 21, 2021 as PUBLIC WORKS WEEK in the City of
Dover and urge all citizens and organizations to learn more about the topics involved in providing
public works, and to recognize the contributions that the dedicated Departments of Public Works',
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Parks & Recreation and Water & Wastewater employees make every day to our health, safety,
comfort, and quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Ms. Sharon Duca, Public Works Director, and Mr. Jason Lyon, Water and Wastewater Director.
Mrs. Duca thanked the members of City Council for taking the time to recognize the Departments
of Public Works and Water/Wastewater, as well as the other members of the Dover team who
worked together in order to work on the infrastructure and keep things going for the city.
Mr. Lyon accepted the proclamation on behalf of their 36 person team. He noted that the men and
women associated with the department have always answered the call to improve the quality of life
for the customers and citizens of the City of Dover, whether that be through tornadoes, after-hour
calls, assisting Kent County with sewer main breaks or through a pandemic. Each one of these team
members never complains. They just get up, go out and get the job done to bring the water to the
customers and take the wastewater away.
STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN
Mayor Christiansen offered the following State of the City Message:
“Good evening, Honorable Council members and my fellow Doverians. Tonight, it
is my continued honor to bring to you the annual State of the City Address.
We as a City and as citizens have survived one of the most horrific challenging
events and year during our lifetime. Some of our loved ones and friends were victims
of the pandemic and we will keep them in our hearts forever.
But once again the faith, prayers, strength, and resolve of the men and women and
children of this community have allowed us to come roaring back bigger, better, and
stronger than ever. The adventure that is Dover continues.
This evening begins a bitter sweet week in our City's history. Tonight, we say
goodbye and thank you to former Council President Tim Slavin, not only a long-time
member of Council but as a great leader; a voice of calm and reason, a guiding force
and a true servant of the people who he has served so well. I will miss his wise
counsel and I cherish our friendship. Best wishes to him and his family.
We also after the final graduation ceremony this Saturday bid farewell to a storied
and historic institution Wesley College. Since 1873 Wesley under many names has
been an integral part of the history of the City of Dover and the State of Delaware.
The college has not only produced many graduates of influence but many leaders
local, state, and national. A new chapter in the City's history is now ready to be
written. With the acquisition of Wesley College by Delaware State University a new
vision and partnership with endless possibilities begins for the University and the
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City. So long old friend Wesley College and thank you to all former leaders, staff,
and students. Wolverines forever.
Many of you have seen the Dover Strong signs throughout the City and those signs
reflect the spirit of everyone across the City and our strength during the pandemic.
I would be remiss if I didn't offer my personal thanks and a heartfelt Thank you from
Council to all of our medical professionals, our front line of defense against the
pandemic putting their personal health and safety at risk to protect and care for us.
A special thanks to our police officers, our volunteer fire fighters, and emergency
service personnel who despite the dangers of the pandemic continue to serve the
public without hesitation.
To the City of Dover employees in each department a hearty round of applause for
even in these difficult times they still worked to provide the services wherever
possible and as a quickly as possible to all of our citizens without interruption or
inconvenience.
To the Citizens of Dover, I thank each of you for your patience and understanding as
city services were on revised schedules and not as rapidly available as under normal
conditions. I also thank you for the meals and snacks that many of you provided to
employees and first responders. We are a community that comes together, and we
came together quickly when the Tornado touched down from Tropical Storm Isaias.
August 4, 2020 will be a day we will all remember. Damage was horrific. But
everyone joined hands and hearts to rescue, restore, and return our city to normal.
With the help of our dedicated city personnel and neighboring electric departments
power for the most part was restored quickly, and neighbors and city crews alike
began clearing trees and debris. Once again, we mirrored the slogan "Dover Strong"
as neighbor helping neighbor occurred throughout the City. Team Rubicon a team of
volunteer veterans who continue to serve their fellow citizens and the citizens of
Dover for approximately 3 weeks their help was invaluable to restoring our town
with 3067 volunteer hours. A huge thank you to Capital School District/Dover High
School, local rotaries, Elks Lodge 1903, Knights of Columbus, Kent County Levy
Court, numerous elected officials both state and county, Councilman Anderson and
Councilman Cole, and many private citizens who helped with relief efforts, housing,
and meals. A special thanks to the IMA and other organizations for joining together
at Thanksgiving providing turkeys and other staples to those in need and military
families of deployed service members in defense of our country. Who could forget
the efforts of the Central Delaware Chamber of Commerce and many others to make
Home for the Holidays Celebrations happen and Sean and Katie and others for
making the Christmas Season the season of hope and joy with Dashing through
Dover and the Dover Fire Department with Operation Santa Claus? All of these
events provided encouragement for the future. You have my eternal gratitude.
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Over the last year we grew in our accountability to our citizens. We hired a new
police Chief Tom Johnson whose task was to take an excellent department to new
heights. Like previous Chiefs before him Paul Bernat, Marvin Mailey, and
Tim Stump he believed in community policing. He began those changes and after the
unfortunate death of George Floyd accelerated those changes and the need for a
complete review of policies and procedures. His request for the support of
Community Policing and the tools and man power to put a 21st Century police
department to better protect and serve our citizen were embraced by Mayor and
Council. We must follow through on that commitment we made to our citizens, the
Chief, and the men and women of Dover Police Department. We must however
realize the success of 21st century community policing is community cooperation and
community trust.
As a City we have grown and even in the middle of a national crisis we have attracted
new businesses to our City and expansion of others. Through the joint efforts of the
City, Kent County Levy Court, Kent Economic Partnership, and the Chamber of
Commerce we have brought a major employer to the City, "Delmarva Corrugated
Box Company". Likewise, we have begun construction on two new middle schools
and a new Unites States Post Office and plan are near completion for a new Family
Court. While we have sadly lost some small businesses to the pandemic others
continue to want to be part of the fabric of Dover. Dover Air Force Base continues
to be a staple of our economy as its mission grows. A joint use agreement soon to be
signed will generate unimagined opportunity for future jobs. Garrison Oak continues
to be heavily marketed in our city as the place to live, work, and play. Choose Central
Delaware is the National marketing tool for Dover and Kent County and interest and
inquiries are growing daily. Dover continues to be in business to do business. A new
day is dawning in Dover.
Finally, as I bring my speech to a close, I want to thank Council for your dedicated
service to our City. Many times, we are called upon to make tough decisions and
travel the road less traveled. But you and I are faced with many challenges to honor
our commitment to our citizens not only today but also to the legacy we will leave
to those who will come behind us. We cannot in good conscience continue to kick
the can down the road on the needs of a growing city. We must address aging
infrastructure and other issues head on if we are going to be a competitive player in
building our economy and growth of our city and tax base. Please stand with me on
always doing what is right but not necessarily popular. We must always do what must
be done with fidelity, honesty, and integrity. I believe in Dover and I hope you do
too.”
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PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2021-07 -
REZONING REQUEST FOR PROPERTY LOCATED AT 630 WEST DIVISION STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 630 West Division Street, consisting of 1.0853+/- acres, owned by Silver Linings Holding
Corporation c/o Tolano Anderson. This property is currently zoned C-3 (Service Commercial Zone)
and subject to the COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-2A (Limited Central
Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone). (Tax Parcel:
ED-05-076.08-01-40.01-000; Planning Reference: Z-21-03; Fourth Council District)
Mr. Neil moved that the final reading of the proposed ordinance be acknowledged by title only,
seconded by Mr. Lindell and unanimously carried. (The First Reading of the proposed ordinance
was accomplished during the Council Meeting of March 22, 2021).
Planner’s Review
Mr. David 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. Mr. Hugg advised
members that there was a petition supplied in opposition to the rezoning. He noted that they verified
that the petition meets the Delaware State code requirements for a valid petition. Mr. Hugg reminded
them that a three-quarter vote was necessary for approval or denial. Mr. Hugg advised that the action
before members was a change in the various uses of the building from a C-3 classification (Service
Commercial Zone) to a C-2A classification (Limited Central Commercial Zone), which would allow
some additional uses in the building, principally the addition of apartments.
Responding to Mr. Lindell, Mr. Hugg advised that they were voting on whether to change the land
use classification that would allow the owner of the property to add apartments to this building, as
something they cannot do under the current C3 zone. He noted that the project would still need
approval of a site plan.
Mr. Rocha noted there were mixed messages coming to Council in reference to what they dealt with
similarly a few months ago. He expressed his concerns regarding the proximity of the schools.
Mr. Rocha asked if there were any ideas of what the use of the building or the apartments were.
Responding to Mr. Anderson, Mr. Hugg stated that if the building was rezoned as requested,
apartments is one of the allowed or permitted uses. He stated that they do not have an actual floor
plan or site plan for the property; however, apartments are permitted in the C-2A zoning district.
Mr. Anderson asked what other C-2A zones were in that area. Responding, Mr. Hugg stated that it
is a mix of commercial use zones. He noted that south of the area there are some residential districts,
a C-1A, which is a local commercial district, on the north side of the street is C-3, which is the
current existing zoning of service commercial directly across the street and is a similar C-2A zoning
district and a small manufacturing district on Ridgely Street a couple of hundred yards away.
Responding to Mr. Sudler, Mr. Hugg stated that he did not believe there were any traffic restrictions
or traffic volume issues. He noted hat the project went through the Development Advisory
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Committee and there were no objections to the rezoning from the Delaware Department of
Transportation (DelDOT).
Public Hearing
Mayor Christiansen declared the public hearing open.
Mr. Tolano Anderson, 50 Duck Creek Terrace, the rezoning applicant, submitted correspondence
prior to the meeting (Exhibit #1). Mr. Anderson stated that the rezoning is the highest and best use
for this property. It is a 19,400 square foot building that is more than 75% vacant and has been for
nearly two years, with a value of over $1.4 million. He stated that this is a problem because there is
a lot of potential use for the property; however, the focus now is to avoid a blight upon the City and
it is important that they address those matters up front. Mr. Anderson stated that the rezoning
application precludes blights and provides affordable housing for people. He noted that Dover
Interfaith Mission for Housing (DIMH) has significant interest in the property.
Mr. Tolano Anderson stated that they do not have an agreement or contract to DIMH. He advised
that they are a real estate developer and property managers. Two other parties other than DIMH have
expressed interest in the property because there is a shortage of affordable housing in the City.
Mr. Anderson referenced a 36-page memorandum submitted by Mr. John Paradee of Baird Mandalas
Brockstedt, LLC (Exhibit #2) that opposed the application on the ground that it would be a homeless
shelter. He stated that it was incorrect. Mr. Anderson noted that C-2A prohibits sex offenders and,
by Delaware law, a sex offender is not allowed to reside there because of the proximity to the school.
Mr. Sudler expressed his concerns regarding traffic in that area. He noted that the area would be too
congested if they allow the rezoning to move forward. Responding to Mr. Sudler’s concerns,
Mr. Tolano Anderson advised that he was aware of what the ingress and egress requirements would
be and the improvements they would need to make to the property. He noted that, through the
Development Advisory Committee (DAC), that issue was addressed with DelDOT and they had no
opposition from the professional planning staff, DAC, or Planning Commission.
Mr. Lindell reminded members that they were discussing the zoning specifically and that there was
nothing in the Planning Commission report that dealt with anything beyond that.
Mr. Rocha stated that he wanted to know what was going to be on the property. Responding to
Mr. Rocha, Mr. Anderson stated that is a decision that will be made by their board in terms of what
the final disposition of the property will be. He noted that they are looking at apartments in that
building with a mixed use.
Responding to Mr. Rocha, Mr. Hugg stated that the mixed use zone accommodates a number of land
uses and allows residential use.
Responding to Mr. Neil, Mr. Hugg stated that under the C-3 and C-2A zoning the owners would be
allowed to open any retail store that is legal in the City of Dover. He advised that the primary
difference between the two zones is that the C-2A would allow residential use and C-3 does not.
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Mr. Victor Giangrant, 805 Forest Street, owner of the Westside Car Wash expressed his concerns
for the surrounding businesses and issues with the homeless panhandling their customers, urinating
and defecating on their properties, and stealing. He noted that other businesses and residential
dwellings are complaining about similar issues. Mr. Giangrant stated that customers complained that
the carwash on West Division Street was an unsafe environment and branded it through word of
mouth and it eventually closed due to lack of revenue. He stated that he respected the work that the
DIMH does for the homeless community, but that this was not the right place for them.
Ms. Anne Marie Townsend noted that she had submitted a letter prior to the meeting (Exhibit #3).
Ms. Lachelle Paul asked about the process for approving the rezoning application and the
apartments. She asked if the criminal background check would be the same as it is for public
housing if the apartments were going house the homeless. Responding, Mr. Hugg advised that
matter would be determined by the owner or manager of the apartments. He noted that they do not
regulate the specific requirements for occupancy by the individuals that will be living there. Mayor
Christiansen requested that if Ms. Paul had any further questions in regard to apartments, that she
contact the Planning and Inspections Department.
Mr. Hare stated that he was getting mixed signals in reference to Ms. Townsend’s letter because it
stated that Council should approve the rezoning because if it is approved, DIMH plans to create
apartments so their clients have access to housing. He noted that they planned to move their shelter
to Walker Road, but they did not get approval after the neighbors objected and they chose West
Division Street.
Mr. Boggerty asked if they were bifurcating the issue. He stated that if they were, they needed to
focus on the zoning and let the other issue stand alone. Mayor Christiansen agreed and noted that
they have an obligation to focus on the zoning.
Ms. Townsend stated that she does not have any firsthand knowledge about DIMH. She emphasized
that the property directly across the street is zoned C-2A. Ms. Townsend noted that both the
Planning Commission and Staff have said that the property is compatible with the surrounding zones
and the Comprehensive Plan. She noted that she was disheartened that the issue that is causing
concern about zoning is about who would occupy apartments if they are constructed, which goes
right to the heart of a fair housing question. Ms. Townsend advised that the point that she raised in
her letter was DIMH chose not to go to Walker Road because the neighbors did not want them and
then Council denied the rezoning.
Mr. John Paradee, Baird Mandalas Brockstedt, LLC, stated that it was disingenuous for the applicant
to suggest that this was being presented for anything other than apartments for the homeless. He
noted that the problem with that was that once they rezone the property to C-2A, they cannot deny
the apartment use for the homeless because there is nothing in the City code that prohibits apartments
being leased to the homeless. Mr. Paradee advised that C-2A prohibits homeless shelters, but it does
not prohibit apartments, which may be leased to the homeless.
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With regard to the sex offenders issue, Mr. Paradee stated that there is nothing in City code that
punishes a property owner who harbors a sex offender. He noted that Title 11, Section 11-12A1,
makes it a criminal offense for a sex offender to reside within 500 feet of the school and that is an
offense committed by the person, not the property owner. Mr. Paradee stated that it still conflicts
with businesses and the residents. He advised that the petition is signed by every property owner in
the neighborhood and it does not matter what the basis of their objection was, they cannot disregard
the petition.
Mr. Paradee stated that the use is a critical part of the analysis under the City zoning code and it has
to be compatible with the existing uses in the neighborhood and everyone in the neighborhood says
it is not compatible. He noted that they submitted that the application be denied for the same reason
that the last application was denied in December. Mr. Paradee requested that if they choose to
proceed, that there be a required three-fourths majority vote because the petition is signed by all of
the neighbors.
Responding to Mr. Sudler, Mr. Paradee stated that C-2A permits apartments, but once they rezone
this property to C-2A and the property owner decides to sell the property to the DIMH and they take
ownership, there would be nothing that they could do to stop them from leasing the property to the
homeless. He noted that because the sex offender statute is a criminal statute, they could not revoke
the rezoning if they happen to put homeless people there and the best thing they could do is have the
individuals arrested and removed.
Mr. Boggerty asked if there were any steps that the property owner could take to help ease the
concerns of the businesses that Mr. Paradee represents. Responding, Mr. Paradee stated that it may
require a response from the City Solicitor or Staff. He noted that his client has indicated that those
types of mitigation measures would not be satisfactory because they are not likely to be successful
in reducing the nuisance problems. Mayor Christiansen noted that Mr. Paradee was correct and that
he thought Mr. Rodriguez would advise that they have to vote on what the rezoning of the property
is because it would border on contractual rezoning and that is not permitted.
Mr. Anderson asked if it was true that sex offenders have to notify the state and therefore the public
is notified, which would eliminate the issue. Responding, Mr. Paradee stated that he was not sure
that it would not be an issue. He advised that Mr. Anderson was correct and that there are three tiers
for sex offenders and at least the two higher ones, if not all three, have to register and that the
registry is published. Mr. Paradee stated that registration would not necessarily result in the City
finding out or being notified directly of the presence of a sex offender. He noted that he was not sure
if that would be timely enough. Mr. Anderson stated that the police department is notified, so that
would give people motivation to stay within the law.
Responding to Mr. Anderson, Mr. Paradee stated that the difference between other mixed uses and
apartment zonings in the area and this property is that it is going to be occupied potentially by sex
offenders. Mr. Paradee noted that whether a person has a job and is making contributions, if they
are a sex offender, the law says they cannot be within 500 feet of a school and that was the problem.
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Mr. Neil moved to suspend the rules and to allow Mr. Tolano Anderson to speak. The motion
was seconded by Mr. Sudler and unanimously carried.
Mr. Tolano Anderson, applicant, stated that all of the people that signed the petition that Mr. Paradee
referenced were faced with a cover sheet that specifically said to prevent sex offenders and a
homeless shelter from coming to the property, which is incorrect. He stated that they are business
people looking for the best opportunity to sell the property, but currently they are also considering
developing it themselves. Mr. Anderson stated that they are entertaining Dover Interfaith Mission
for Housing (DIMH) and two other companies as well. He advised that at this point, DIMH is not
in the highest position for the acquisition and his boss may not want to sell it at this point.
Mr. Anderson stated that approval of the application should not be based on the possibility that the
renters may be homeless or there may be sex offenders there. He noted that it is consistent with the
Comprehensive Plan and surrounding land uses.
Mayor Christiansen closed the public hearing.
Mr. Anderson moved to approve the rezoning request for the property located at 630 West Division
Street, seconded by Mr. Neil.
Mr. Hare stated that Mr. Anderson testified that they had three different people and did not know
who was going to get the property, Ms. Townsend submitted a letter that stated, if approved, DIMH
is going to put apartments for the homeless and that she got her information from
Mr. Tolano Anderson. Mr. Hare noted that the zoning across the street did not have apartments, but
were residents living in single family residences, not an apartment complex.
Mr. Neil moved to call the question, seconded by Mr. Sudler and unanimously carried.
The motion to approve the rezoning request for the property located at 630 West Division
Street failed by a roll vote of four no (Hare, Rocha, Sudler, and Taylor) and five yes
(Anderson, Neil, Boggerty, Arndt, and Lindell). (Title 22 §305 of Delaware Code requires that
when 20% of eligible lots participate in a petition, the legislative body for the municipality must
achieve a three-fourths favorable decision to proceed with the rezoning of the property.)
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 26, 2021
The Minutes of the Regular Council Meeting of April 26, 2021 were unanimously approved
by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 27, 2021
The Council Committee of the Whole Meeting was held by video conference on
April 27, 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, and Mr. Taylor. Mr. Lindell was absent. Civilian members
present for their Committee meetings were Mr. Shelton (Safety Advisory and
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Transportation), Ms. Maucher (Utility), and Mr. Contant and Mr. Shevock
(Legislative, Finance, and Administration).
UTILITY COMMITTEE
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Annexation Request - 115 Fox Hall Drive, Owned by Edward C. And Joan N.
Larrivee (Actionable Item)
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the Petition to Annex and
Rezone Property located at 115 Fox Hall Drive, owned by Edward C. and
Joan N. Larrivee. Mrs. Melson-Williams advised that the property was improved
with an existing single family house; however, the property owner has requested
annexation into the City in order to connect to City water services. She noted that the
property is already served by City of Dover electric. Mrs. Melson-Williams stated
that the Public Works Department noted that Fox Hall Drive is not a City of Dover
maintained street, but that City trash collection would be available to the property
when it is annexed into the City.
Mr. Rocha moved to recommend approval of the annexation. The motion was
seconded by Ms. Maucher and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by
Mr. Rocha and unanimously carried.
Meeting adjourned at 6:04 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. Taylor and
unanimously carried.
Memorandum of Understanding (MOU) and Proprietary Information
Exchange Agreement - Lights-On Dover Strong Campaign (HELP Initiative,
Inc.) (Actionable Items)
Mr. Matt Harline, Assistant City Manager, reviewed the background regarding the
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 15
Memorandum of Understanding (MOU) and Proprietary Information Exchange
Agreement for Lights-On Dover Strong Campaign (HELP Initiative, Inc.).
Staff recommended authorizing the Mayor to sign the MOU and Proprietary
Information Exchange Agreement and to submit a Letter of Support.
Mr. Harold Stafford stated that they had implemented this program in each of the
cities and towns they had been in since starting in Dover in 2017. He stated that
they would delay setting the program up while the COVID virus was still in effect
until the City was more comfortable with their team coming in to provide the
services in the Weyandt Hall lobby. Mr. Stafford stated that the program was for
people who were facing disconnect. He noted that their energy educators can go to
their residence or talk to them by phone to give them information about how they
can go about reducing their energy usage so they will not be disconnected or in
arrears. He stated that Code Enforcement was mentioned because in other cities
they had worked in they had worked with Code Enforcement to identify
problematic vacant houses and buildings were there was a lot of crime occurring
and put solar powered motion lights on those facilities to improve public safety.
Responding to Mr. Hare, Mr. Stafford stated that they have brochures that could
be set out in the Weyandt Hall lobby with the phone number for their call center
which was available from 8:00 AM to 8:00 PM rather than having a member of
their staff in the lobby.
Responding to Mr. Sudler, Mr. Harline stated that there is limited space in the
Weyandt Hall lobby and that utility bill information could not be discussed in the
lobby.
Responding to Mr. Harline, Mr. Stafford stated that they would not be discussing
customer utility bill information in the lobby, they would only be explaining their
services and setting a time to meet with customers at their residence or by phone.
He stated that they would not go into any kind of extended discussion about the
content of the bill.
Responding to Mr. Sudler, Mr. Stafford confirmed that normally they would have
one (1) member of their staff at the table.
Responding to Mr. Sudler, Mr. Harline stated that the number of staff members
was not included in the contract but that one (1) person would be okay.
Mr. Neil stated that he had been involved in HELP Initiative, Inc.’s citywide
events and he felt that it was a phenomenal program. He stated that he was unsure
of whether or not the City’s attorney had reviewed the MOU but that it was
important that Mr. Harline or Mr. Robertson be involved in it. Mr. Neil stated that
the schedule was out of order, per the document it was supposed to start on April
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5th and that it was already past that date. Mr. Neil suggested bringing the item
back to Committee after study by the City and approval by the City’s attorneys to
make sure that they have everything worked out.
Responding to Mr. Neil, Mr. Stafford confirmed that their offices were in the
CenDel building.
Mr. Neil stated that he thought they were doing a tremendous job but he did not
think it was quite ready yet. Mr. Neil recommended that this item go back to
Committee to make sure that the City, the City Manager, and the City attorney are
clear on what it was and that any kinks were worked out so that when it comes
back they can get a yes.
Responding to Mr. Neil, Mr. Stafford stated that when the document was
submitted they were projecting that it may be approved in order for them to start
at that time, however, because of the delay in the City acting on it the schedule
was pushed.
Responding to Mr. Sudler, Mr. Harline stated that he thought the biggest risk to
the City was if there was something done in the agreement that could fall back on
the City releasing information about City bills. He stated that he thought the
proprietary information exchange agreements should be tightened up. Mr. Harline
stated that he had sent the documents to the City Solicitor and he received
comments back on Friday and there just was not time to get them out to the
Committee. He stated that he thought they could do it quickly but that all parties
would be better served by a tight agreement.
Mr. Sudler stated that he was disappointed that they had not been provided the
information from the City Solicitor and were not prepared to assist in the matter
because of it.
Mr. Anderson recommended that the item be moved forward to Council with no
recommendations, by that time the City Solicitor’s information will have been
disseminated. He stated that if both sides agree to the minor amendments, it would
be substituted. Mr. Anderson stated that the program would not cost the City
money and the reason there is a proprietary information agreement is to protect the
City and Dover Strong to allow the flow of information to help the citizens of
Dover.
Responding to Mr. Contant, Mr. Stafford stated that they had another program
through Christiana Care that was funded by the State Department of Natural
Resources and Environmental Control. He stated that the funding gave them the
ability to do one hundred (100) home assessments in New Castle County and one
hundred (100) home assessments downstate. He explained that through the lights
program they have been able to identify people who need heat. He stated that they
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 17
had money for heat repair/replacement, weatherization, and healthy home
assessments. He stated that the U.S. Department of Housing and Urban
Development had identified twenty-nine (29) health hazards that caused people to
visit the emergency room and hospital and they would be working with the
Department of Natural Resources, Christiana Care, and other facilities to identify
people through the lights program who need those services. He stated that if they
agreed they would do the healthy home assessment as a result of that work.
Responding to Mr. Contant, Mr. Stafford confirmed that information was not
being shared about a particular condition, they were making contact through
another program, assessing it, and based on that asking them if they would be
interested in a secondary program.
Responding to Mr. Stafford, Mr. Harline stated that he could get the City
Solicitor’s comments to him before the end of the evening.
Mr. Anderson moved to recommend authorizing the Mayor to sign the MOU
and Proprietary Information Exchange Agreement and to submit a Letter of
Support. The motion was seconded by Mr. Sudler and unanimously carried.
(Discussion of this item will take place during the latter part of the meeting.)
Tyler Technologies Addendum for Support Services
Ms. Cheryl Bundek, City Assessor, reviewed the background and analysis regarding
the evaluation of proposals for the Addendum for Support Services from Tyler
Technologies.
Staff recommended approval of the Tyler Technology Support Agreement
Addendum.
Responding to Mr. Neil, Ms. Bundek stated that the Assessor’s Office had been using
the valuation portion of the Tyler program for the past ten (10) years. She noted that
it was different from the Munis program that they have had issues with.
Mr. Anderson thanked Ms. Bundek for her years of service to the City, he stated that
her innovation had saved the taxpayers hundreds of thousands of dollars over the last
ten (10) years and the City of Dover had the most up-to-date assessment done in the
State of Delaware.
Responding to Mr. Anderson, Ms. Bundek stated that the City Solicitor had reviewed
the addendum to make sure that it follows what the City’s charter and ordinance
would provide. She stated that the Solicitor had agreed that the amendment could be
done legally because there would be no one in the office, once she left, that could do
the valuation services, so this person would do the valuations.
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Responding to Mr. Anderson, Ms. Bundek stated that the next tax reassessment for
the City of Dover would be 2025, but with the recent lawsuit, from the school system
to the counties, she believed most of them should be done between 2024 and 2025.
Mr. Sudler stated that they would miss Ms. Bundek and that she had done a great job,
having received no complaints through his tenure with the City. Mr. Taylor stated
that retirement was not overrated and when you get your opportunity, just do it.
Mr. Neil moved to recommend awarding the addendum for support services
from Tyler Technologies, as recommended by staff. The motion was seconded
by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
The meeting was adjourned by unanimous consent.
Meeting adjourned at 6:34 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Anderson moved for adoption of the agenda, seconded by Mr. Sudler and
unanimously carried.
Community Update (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 after speaking with people in the community, they felt is was
more important to have the criminal mobile substation up and running first, before
the mobile health substation unit if they can not come on simultaneously.
Chief Johnson stated that the Mayor had been making steps towards trying to
coordinate multi-functional services. He stated that they were within a couple of
weeks of significant internal transfers at the police department which would staff up
the community policing component and part of its new mission would be a hyper-
focus in the Reed and New Street area to get the effect of the mobile command post
idea in play with the existing vehicle fleet and existing resources. He stated that
within the last four (4) to five (5) days he had received information from his resource
manager that they had taken another big step with the State towards getting a
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clinician program. Chief Johnson stated that he would be able to brief Ms. Paul more
intelligently once he got through the workweek. He stated that he would be meeting
with Ms. Paul the following week and hoped to outline some of those things at that
time.
Ms. Paul stated that she brings forward issues that the actual residents in the City
were having and complained about so she does a monthly report to turn in. She sated
that she would conclude her April report stating that the mobile substation was still
being worked on and was coming closer to being up and running.
Responding to Ms. Paul, Chief Johnson stated that they had vamped up the police
presence since the good weather had broken.
Mr. Neil moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 6:43 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Taylor and unanimously carried.
Meeting adjourned at 6:44 p.m.
By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a unanimous roll call vote.
MONTHLY REPORTS - MARCH 2021
By motion of Mr. Sudler, seconded by Mr. Neil, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
Controller/Treasurer’s Budget Report
Police Chief’s Report
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JANUARY,
FEBRUARY, AND MARCH)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
March 31, 2021.
By consent agenda, Mr. Sudler moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of March 31, 2021. The motion was seconded by Mr. Neil and carried
by a unanimous roll call vote.
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 20
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department,
Division 1 - Generally, Section 46-43 - Semiannual Inspections, of the City Code, the City Manager,
Mr. Randy Robertson, met with the Fire Chief Carey to discuss fire company issues. Mr. Robertson
submitted a memorandum outlining the items discussed and noted that the Robbins Hose Company
continued to provide an outstanding level of service to the City of Dover and the unincorporated
areas of the fire district.
By consent agenda, Mr. Sudler moved for acceptance of the report of the Semi-Annual
Robbins Hose Company Inspection, as submitted by the City Manager. The motion was
seconded by Mr. Neil and carried by a unanimous roll call vote.
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY CITY COUNCIL
By consent agenda, Mr. Sudler moved for approval of the following appointments. The motion
was seconded by Mr. Neil and carried by unanimous roll call vote.
2021/22 CITY COUNCIL ANNUAL STAFF APPOINTMENTS
City Assessor - Cheryl A. Bundek
Building Inspector - David S. Hugg III
City Clerk - Traci A. McDowell
Assistant City Clerk - Janella M. Tauchus
Controller/Treasurer - Lori Peddicord
Assistant Treasurers - Traci A. McDowell
- Janella M. Tauchus
Fire Marshal - Jason A. Osika
City Solicitor - Nicholas H. Rodriguez
Deputy City Solicitor - Gary E. Junge
BOARD OF ASSESSMENT APPEALS - FOUR-YEAR TERMS TO EXPIRE
MARCH 2025
William Garfinkel, Accounting, Chair
Thomas Burns, Real Estate Brokerage of Sales
John G. Davis, Jr., Undesignated (to fill the expired term of James Galvin)
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
By consent agenda, Mr. Sudler moved for approval of the following appointments, seconded
by Mr. Neil and carried by unanimous roll call vote.
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF
APPEALS - ONE-YEAR TERM TO EXPIRE MAY 9, 2022
Matthew D. Campana, Representative of Homeowners (to fill the expired term of
Tiffany L. Steger)
Charles C. K. Martin, Representative of Local Real Estate Industry Association
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 21
ELECTION BOARD - THREE-YEAR TERMS TO EXPIRE MAY 13, 2024
Alfreda F. Dean - First District Representative
Cherritta L. Matthews - Second District Representative
DOVER FOURTH OF JULY CELEBRATION COMMITTEE - ONE-YEAR TERM
TO EXPIRE MAY 9, 2022
Mayor Robin R. Christiansen, Chair (ex-officio member)
Andrea Maucher, President/Vice Chair
Brett Scott, Vice President
Justin Strickland
Carolyn D. Courtney
DOVER PUBLIC LIBRARY ADVISORY COMMISSION FIVE-YEAR TERM TO
EXPIRE JUNE 16, 2026
Jill B. Street
SILVER LAKE COMMISSION - TWO-YEAR TERMS TO EXPIRE JUNE 12, 2023
Marie E. Kozel
Michael W. Lewis
SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the City of
Dover Electric Revenue Bonds Resolution prior to adoption of the budget. Staff recommended that
the public hearing be set for June 14, 2021 at 7:30 p.m.
By consent agenda, Mr. Sudler moved to set a public hearing for June 14, 2021 at 7:30 p.m.
for the 2021/2022 City of Dover Electric Fund Budget, seconded by Mr. Neil and carried by
a unanimous roll call vote.
RESOLUTION NO. 2021-10 - APPROVAL OF THE 2021 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FIVE (5) YEAR CONSOLIDATED PLAN
By consent agenda, Mr. Sudler moved for adoption of Resolution No. 2021-10. The motion was
seconded by Mr. Neil and by unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK
GRANT ACTION PLAN
WHEREAS, the City of Dover is entitled to $311,600 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2021 Action Plan, in accordance with the United
States Department of Housing and Urban Development guidelines, that serves as the primary
planning document for identifying and meeting the housing and community development needs for
the low and moderate-income residents of Dover; and
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D
Item #1.
ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 22
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the National Community
Development objectives of benefitting low and moderate income families, eliminating slums and
blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City
of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
including the proposed use of funds and including certain certifications and policies to obtain its
$311,600 entitlement; for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER approve the 2021 Community Development Block Grant Action Plan and
application for Federal Assistance included in the Action Plan, along with certifications and policies
attached and authorize its forwarding to the United States Department of Housing and Urban
Development for consideration.
ADOPTED: MAY 10, 2021
(City Clerk’s Office Note: Subsequent to the meeting, Mrs. Tracey Harvey, Planner/CDBG Program
Administration, received notice that additional funding was approved for the 2021 Community
Development Block Grand (CDBG) Five (5) Year Consolidated Plan and the new total amount is
$316, 192 (Exhibit #4).)
RESOLUTION NO. 2021-11 - AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER, ASSISTANT
FINANCE DIRECTOR, AND ASSISTANT TREASURERS
By consent agenda, Mr. Sudler moved for adoption of Resolution No. 2021-11. The motion was
seconded by Mr. Neil and, by a unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000
per banking institution, investments in the State of Delaware Investment Pool, and the purchase and
sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial
institutions require an Authorizing Resolution for the opening of accounts, and for purchasing,
selling, transferring, assigning, and handling securities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with
banking institutions and purchase, sell, transfer, assign, and handle securities and that they are
authorized to sign all related forms;
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 23
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one
signature; and
That the following are the office holders authorized for these purposes, until further notice:
Lori Peddicord - Controller/Treasurer
Traci A. McDowell - Assistant Treasurer
Janella M. Tauchus - Assistant Treasurer
ADOPTED: MAY 10, 2021
MEMORANDUM OF UNDERSTANDING (MOU) AND PROPRIETARY INFORMATION
EXCHANGE AGREEMENT - LIGHTS-ON DOVER STRONG CAMPAIGN (HELP
INITIATIVE, INC.)
Mr. Matthew Harline, Assistant City Manager, reviewed the Memorandum of Understanding (MOU)
and Proprietary Information Exchange Agreement - Lights-on Dover Strong Campaign (Help
Initiative, Inc.)
Staff recommended authorizing the City Manager to sign the MOU and the Mayor or City Manager
to submit a Letter of Support.
Mr. Rocha moved for approval of Staff’s recommendation, seconded by Mr. Anderson and
carried by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY THE COUNCIL PRESIDENT
Mr. Sudler recommended appointment of the following:
Council Committee of the Whole Subcommittee Chairs
Legislative, Finance and Administration Committee - David L. Anderson
Utility Committee - Gerald L. Rocha, Sr.
Safety Advisory and Transportation Committee - Ralph L. Taylor, Jr.
Parks, Recreation and Community Enhancement - Andre M. Boggerty
Kent County Tourism Board of Directors (Voting Liaison)
Fred A. Neil
Mr. Anderson moved for approval of the recommended appointments for the Council
Committee of the Whole Subcommittee Chairs and the Kent County Tourism Board of
Directors (Voting Liaison). The motion was seconded by Mr. Sudler and unanimously carried.
Mr. Neil moved to defer the following appointments, seconded by Mr. Sudler and unanimously
carried.
City/County Committee (Liaison to Kent County)
Council Committee of the Whole Subcommittees (Civilian members)
Downtown Dover Partnerships Board of Directors
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 24
Economic Development Committee
General Employee Pension Plan Board
Kent Economic Partnership Board of Directors (Voting Liaison Member)
Other Post-Employment Benefits (OPEB) Board
Police Pension Plan - Retirement Committee
CITY MANAGER'S ANNOUNCEMENTS
Mr. Randy Robertson, City Manager, provided the following information:
• New figures from the U.S. treasury have filtered through the National League of Cities, they
put out more guidance than the treasury has, but there have been emails on various figures
and propositions on how the money can be spent.
• The City’s numbers have gotten better from what they saw the first time, however, Mr. Hugg
and Mr. Robertson called both State Senators to voice their concerns over the last number
they saw, which was in the $8.5 million range. They still contend that the numbers are off,
if it is based on a population figure rather than the Community Development Block Grant
previous distribution.
• As a follow up to the Council Workshop, one of the takeaways was the proposal on a series
of budget meetings. The City Manager’s office will be emailing members within the next 48
hours with some options.
Mayor Christiansen noted that if the City of Dover does not receive what they believe are the
appropriate funds from the relief money he wants to consider filing a federal lawsuit. He stated that
it is not conscionable that cities the size of Newark and Middletown received more monies than the
City of Dover.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson took a moment to recognize the life and contributions of the Ms. Cathi Kopera who
passed the previous week and will be missed. He also noted that he was happy to see they were going
to have a Fourth of July parade.
Mr. Neil moved for adjournment, seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 9:55 p.m.
TRACI A. McDOWELL
CITY CLERK
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ANNUAL CITY COUNCIL MEETING OF MAY 10, 2021 PAGE 25
All ordinances, resolutions, motions, and orders adopted by City Council during their Annual
Meeting of May 10, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\05-10-2021 ANNUAL.wpd
Exhibits
Exhibit #1 - Correspondence submitted by Mr. Tolano Anderson
Exhibit #2 - Correspondence submitted by Mr. John Paradee, Baird Mandalas Brockstedt, LLC
Exhibit #3 - Correspondence submitted by Ms. Ann Marie Townsend
Exhibit #4 - Revised Resolution No. 2021-10 - Approval of the 2021 Community Development
Block Grant (CDBG) Five (5) Year Consolidated Plan
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EXHIBIT #1
D Item #1.
Annual Council Meeting of 05/10/2021
From: T Anderson
To: Tauchus, Janella M
Subject: EXTERNAL: Response to Memoradum Re: Rezoning Application Z-21-03
Date: Monday, May 10, 2021 6:43:48 PM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good afternoon ma'am. I am reacting to the Memo we received this afternoon. Can you
please present my initial response (below) to the City Council members prior to tonight's
meeting.
Thank you.
TDA
Dear City Council Members,
This email is in response to the Memorandum submitted to you today by Mr. John W. Pardee,
Esq. in reference to Rezoning Application Z-21-03
The Memo received from Mr. Pardee is totally erroneous and a gross misrepresentation of the
facts concerning this matter. In fact, the Memo is misleading, presumptuous, reckless and
intentionally incendiary. Specifically, the entire Memo presents our application as a homeless
shelter for the Dover Interfaith Mission for Housing (DIMH) and a home for sex
offenders.However, this is absolutely false.
As real estate developers, we are rezoning this property for the highest and best use and to
preclude blight in out community. We have been approached by three (3) separate investor
groups (including DIMH) to purchase the property and develop it within the limitations of the
the zoning. We are not under contract nor have we made any final decisions concerning
selling or not selling of the property. Speculating as to what we may do in the future and
using those assumptions as discriminators violates our property rights and is a blatant
injustice.
Unfortunately, the entire 36 page Memo you received today presents opposition based on the
property being used for a homeless shelter. However, Mr. Paradee already knows that shelters
are not authorized in the requested zoning. Likewise, Mr. Paradee also knows that under
Delaware law, sex offenders are not permitted to reside at the property no matter what the
zoning. Therefore, this entire basis of the objection to the application is blatantly false.
The entire Memo is accusatory, deceptive and manipulative. The rezoning clearly does not
permit a homeless shelter or sex offenders. However, it references the homeless shelter and
sex offenders as justification dozens of times. Also, the numerous references to DIMH as the
operator of said shelter and sex offender home is also erroneous and presumptive. DIMH may
or may not ever own this property. Furthermore, the petitions used in the Memo are based on
inflammatory and false information. Local residents signed a petition in order to prevent a
homeless shelter and to stop sex offenders from residing at the property. However, This was
never even a possibility. The zoning ordinance and Delaware law would not allow either to
occur. This was a manipulative stunt and an injustice perpetrated upon the members of our
community.
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Lastly, The Memo and all 10 of its enclosures and petitions specifically reference a homeless
D
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shelter and sex offenders. These items have nothing to do with our application and appear to
be intentional misinformation. Therefore, we respectfully ask that the City Council disregard
and not consider any of this Memo in the hearing proceedings.
Thank you,
Tolano D. Anderson
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EXHIBIT #2
Annual Council Meeting of 05/10/2021
~
:,.•
,,,J..,
BAIRD
MANDALAS
BROCKSTEDT~
-------J-OH_N_W---11 Item #1.
302.677.0061
john@bmbde.com
MEMORANDUM
TO: City of Dover City Council
FROM: John W. Paradee, Esquire
RE: Silver Linings Holdings Corp./Dover Interfaith Mission for Housing
Rezoning Application #Z-21-03
DATE: May 10, 2021
Dear City Council Members:
I represent Bennie Smith Real Estate, LLC, Bennie Smith (individually), and
Victor Giangrant, d/b/a West Side Car Wash, the owners of several parcels of land
and improvements located immediately adjacent to 630 West Division Street (the
"Property") which is the subject of the above-referenced rezoning application
(" Application").
Let me start by stating the obvious - no one can credibly dispute that the
noble work of Dover Interfaith Mission for Housing ("DIMH") is a worthy cause.
Indeed, ameliorating the plight of the homeless is an undertaking everyone can and
should support. Unfortunately, for a variety of reasons set forth below, the
Property chosen by DIMH as the location of its proposed new office and apartment
complex is simply not the right place for this type of facility. 1
Conflicts with Area Businesses and Residences
As you are no doubt aware, the Property is located in a highly-developed
area of Division Street which is improved and occupied by a number of
longstanding businesses and residential dwellings (see the map enclosed herewith
as Exhibit "A"), all of which would be adversely impacted by the proposed
1 See the chain of email correspondence enclosed herewith as Exhibit "A-1 ", which
confirms that the Application is being pursued in order to accommodate future
housing for the DIMH program.
6 South State Street I Dover, Delaware 19901 J 302-677-0061 J 302-677-0065
www.bmbde.com
I I
DOVER LEWES WILMINGTON/GREENVILLE
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City of Dover City Council
May 10, 2021
D Item #1.
Page 2
rezoning. My clients are greatly concerned that the use proposed by the
Application - an office and apartment complex for the homeless - will introduce a
substantial number of transient homeless residents into the existing neighborhood,
creating the risk of significant conflicts with the established businesses and
residences in the area (e.g., congregating, loitering, traffic safety risks, enhanced
risk of criminal activity from transients, etc.). Despite what DIMH and its
representatives may claim, there is already a serious problem with panhandling and
other nuisance behaviors as the result of having some number of homeless people
in the neighborhood, and this problem will only multiply by a factor of 3X-4X if a
new and significantly larger facility is placed at the subject Property. By their own
admission, DIMH "cannot control the entire homeless population" that will no
doubt be attracted to the planned new facility, and DIMH "has no authority to
require" these homeless individuals to behave in any particular way. 2 Thus, my
clients respectfully submit that the (1) proposed use is incompatible with the
existing uses in the neighborhood, and (2) adequate public services and
infrastructure do not exist to serve the needs of the additional demand that would
inevitably result from implementation of the proposed use (e.g., police, fire, and
EMS services). For these reasons, the Application does not satisfy the legal
standard for rezoning under Article 10, Section 5 of the City of Dover Zoning
Code.
The (Unfortunate But Very Real) "Stigma Factor"
Notably, the Property which is the subject of the Application lies along the
western boundary of the "high priority target area" for the City of Dover's
"Downtown Development District" (see Exhibit "C"). The purpose of the
Downtown Development District - one of only three in the State of Delaware - is
to (a) "spur private capital investment", (b) "stimulate job growth and improve
commercial vitality", (c) "help build a stable community of long term residents"
[emphasis added], and (d) "assist municipalities in strengthening neighborhoods
2See the November 30, 2020 correspondence from DIMH addressed to members
of City Council attached hereto as Exhibit "B".
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City of Dover City Council
May 10, 2021
D Item #1.
Page 3
while harnessing the attraction that vibrant downtowns hold for talented people,
innovative small businesses, and residents from all walks of life."
Respectfully, an apartment shelter for the homeless will not serve any of
these purposes. Like it or not, rightly or wrongly, it is a simple reality that
homeless shelters carry a certain stigma in the minds of many would-be residents,
consumers, property owners, and business investors. It is therefore indisputable
that locating a homeless apartment complex on the subject Property - so close to
the "high priority target area" of the Downtown Dover Development District - will
have the exact opposite effect intended by the establishment of Dover's Downtown
Development District, serving only to undermine the objectives of the program by
driving away private capital investment, detracting from the commercial vitality of
the immediate area, and causing people to avoid Downtown Dover altogether. One
need only look to the comments posted by members of the public when DIMH
announced that it intended to locate the same type of facility on Walker Road in
Dover (see the following excerpts from 10/17/19 online edition of The Delaware
State News, a copy of which is attached as Exhibit "D"):
"We are selling our house as soon as we can. Moving out of Dover ... "
"I don't like the fact that sex offenders will be so close to my family. I
know these men need a home, but not so close to these neighborhoods with so
many families ... guess I need to start looking for a new place."
"And so it starts, the destruction of west Dover and a viable tax base."
Locating the Facility Here Violates 11 Del. C. § 1112(a)(l)
Pursuant to Section 1112(a)(l), Title 11 of the Delaware Code, it is illegal
for sex offenders to reside "within 500 feet of the property of any school". Indeed,
the offense is punishable as a Class G felony.
There can be no serious question but that the proposed apartment complex
will attract a certain number of formerly incarcerated individuals - including felons
and sex offenders - to the neighborhood. See, for example, the December 5, 2019
online article published by WBOC, attached hereto as Exhibit "E" (as well as
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City of Dover City Council
May 10, 2021
D Item #1.
Page4
Exhibit "D"), acknowledging that "the homeless shelter may be used by sex
offenders" and "some of the men are on sex offender lists". And the Property
which is the subject of the Application is clearly located within 500 feet of the
Booker T. Washington Elementary School. See the Survey enclosed herewith as
Exhibit "F", demonstrating that the Property is only 446 feet from Booker T.
Washington Elementary School. The fact that local elementary school children in
grades 1 through 4 (ranging in age from 6 to 9 years old) walk by the subject
Property on their way to and from Booker T. Washington Elementary School,
twice each day for 180 days a year, ought to be of particularly serious concern here
(see Exhibit "G").
Because sex offenders are not permitted to reside within 500 feet of any
school, locating the proposed apartment complex on the subject Property would
clearly be unlawful. Therefore, as if the other reasons set forth above were not
compelling enough, you must deny the Application because to do otherwise would
place local school children at serious and utterly unnecessary risk, in violation of
11 Del. C. § 1112(a)(l).
Neighboring Property Owners Are Unanimously Opposed
Enclosed herewith as Exhibits "H" and "I" are protest petitions signed by the
owners of every property in the surrounding neighborhood that is not owned by the
Applicant (Exhibit "H" is the petition signed by neighbors when a similar
application was presented and denied in December of 2020, while Exhibit "I" is a
petition signed by neighbors who remain opposed notwithstanding the present
reframing of the proposed homeless shelter as an apartment complex). As the
enclosed protest petitions demonstrates, the entire neighborhood surrounding the
Property - comprised of both residents and business owners - is unanimously
opposed to the Application. Stated otherwise, there is not one single property
owner in the entire neighborhood surrounding the Property (other than the
Applicant) who believes the use proposed by the Application will be compatible
with the existing uses in the neighborhood. "Compatibility" is the threshold
criterion for your consideration under Article 10, Section 5 of the City of Dover
Zoning Code, and the enclosed protest petition is the highest and best evidence
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City of Dover City Council
May 10, 2021
D Item #1.
Page 5
available that the proposed use is incompatible with the existing uses in the
neighborhood. Thus, to approve the Application when every property owner in the
neighborhood has attested that the proposed use is incompatible with the existing
uses in the neighborhood would be to ignore both the facts and the applicable
legal standard set forth by the City Code.
For all of the foregoing reasons, my clients respectfully request that you
DENY the Application.
Finally, because the enclosed protest petition has been signed by the owners
of more than twenty percent (20%) of the area of the tax parcels (or "lots")
immediately adjacent or directly opposite to the Property which is the subject of
the Application, a favorable vote of three fourths (3/4) of all members of City
Council would be required to approve the Application. See 3 Del. C. § 305.
Thank you for your consideration.
JWP/lwr
Enclosures
cc: Bennie Smith (Bennie Smith Funeral Home)
Victor Giangrant (Westside Car Wash)
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EXHIBIT "A-1"
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John W. Paradee
D Item #1.
From: Jeanine Kleimo <jkleimo@verizon.net>
Sent: Tuesday, April 20, 2021 2:19 PM
To: John W. Paradee
Subject: Re: Dover Interfaith Mission for Housing
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Yes, for rent-paying people with work who plan to contribute to the community.
On 4/20/202111:54 AM, John W. Paradee wrote:
> But apartments for your programs, correct?
>
>
> John W. Paradee, Esq.
> 6 S. State Street I Dover, Delaware 19901
> (302) 677-0061 (tel) I (302) 677-0065 (fax) john@bmbde.com
>
>
>
>
>
> This Electronic Message contains privileged client attorney communications from the law firm of Baird Mandalas
Brockstedt, LLC. The information is intended to be for the use of the addressee only. If you are not the addressee, note
that any disclosure, copying, distribution or use of the contents of this message is prohibited.
>
>
> -----Original Message-----
> From: Jeanine Kleimo <jkleimo@verizon.net>
> Sent: Tuesday, April 20, 202111:52 AM
> To: John W. Paradee <john@bmbde.com>
> Subject: Re: Dover Interfaith Mission for Housing
>
> CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
>
>
> Just to be clear: it will not be a homeless shelter but apartments
>
> Sent from my iPhone
>
» On Apr 20, 2021, at 10:54 AM, John W. Paradee <john@bmbde .com> wrote:
>>
» Thank you for your message, Jeanine. I appreciate you reaching out.
>>
1
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» This is the first I have heard of a new application for the 630 W. Division Street sight. I would have to imagine D
Item #1.
clients would be opposed to any homeless shelter facility at this location (as they were previously), regardless the zoning
classification, but I do not know that for sure. Let me check with my clients, and I will let you know.
>>
» Thanks again for reaching out, and best regards.
>>
>>
» John W. Paradee, Esq.
» 6 S. State Street I Dover, Delaware 19901
» (302) 677-0061 (tel) I (302) 677-0065 (fax) john@bmbde.com
>>
>>
>>
>>
>>
» This Electronic Message contains privileged client attorney communications from the law firm of Baird Mandalas
Brockstedt, LLC. The information is intended to be for the use of the addressee only. If you are not the addressee, note
that any disclosure, copying, distribution or use of the contents of this message is prohibited.
>>
>>
» -----Original Message-----
» From: Jeanine Kleimo <jkleimo@verizon.net>
» Sent: Tuesday, April 20, 2021 9:55 AM
» To: John W. Paradee <john@bmbde.com>
» Subject: Dover Interfaith Mission for Housing
>>
» CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
>>
>>
» Good Morning:
>>
» We have not forgotten about your expression of support for our efforts.
>>
» At present, we are still trying to acquire the building at 630 W.
» Division Street, with a different approach. The owner is seeking C-2A zoning to permit its conversion to apartments
as well as office space.
» We would purchase it if this is approved by City Council at its hearing in May. The Planning Commission approved the
rezoning unanimously at its meeting last night.
>>
» We would like to make sure that you are not hired again by some of the local businesses to protest this venture. If
you already have been, we would appreciate knowing. We are going to have some board members and the current
owner meet with some of the nearby businesses.
>>
» Moving forward, we have some additional properties that we wish to pursue, which--fortunately--will not require
rezoning.
>>
» Much may depend on the outcome of today's city council elections, as we have been working to get supportive
individuals elected to open seats.
>>
» Kindly let me know if you are still engaged in the Division Street property representation or if we might work with you
as we move forward.
2
CJ
Page 39
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>>
» Thanks so much.
D
Item #1.
>>
» Sincerely,
>>
» Jeanine Kleimo, Chair
» Dover Interfaith Mission for Housing
>>
» cell: 302-242-0412
>>
>>
3
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EXHIBIT "A"
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D
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• ·.·.,•- ·-· . -
EXHIBIT "B"
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D
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DOVER. INTERFAITH
MISSIO N FOR HOUSI NG
PO Box 1148, Dover DE 19903 684 Forest Street, Dover DE 19904
{302) 736-3600 interfaithdover@verizon.net
November 30, 2020
Dear Members of the Dover City Council:
We are writing to address the concerns that have been raised with regard to the request to rezone the
property at 630 West Division Street from C-3 to 10 {Institutional/Office) in order to permit the
relocation of the Dover Interfaith Mission for Housing {DIMH) from its current leased location.
First, DIMH has operated an effective program of shelter and assistance to the homeless for more than
12 years. We have sheltered more than three thousand homeless men, enabling the majority to secure
stable and productive lives.
We have no authority to require that homeless individuals reside in our shelter, seek help, or change
from the lives that a small proportion choose to pursue, whether this is due to drug addiction, mental
--
health, the lack of desire to conform with the rules of congregate living, or other reasons. While we
cannot control the entire homeless population, we are successful in transforming the lives of those who
are ready tor personal responsibinty and a life that includes employment and the capacity to meet their
own needs and those of their family members.
Those who reside in the DIMH shelter must conform with rules that ensure the safety and well-being of
all, including staff and volunteers. They comply with a curfew, perform chores, and participate in "case
management" with professional staff who engage them in addressing a host of personal challenges,
most of them focused on securing gainful employment. They are not permitted to panhandle or to use
drugs or alcohol. Those who have been released from incarceration must comply with the terms of any
assigned probation.
These residents are not "vagrants." They are individuals who seek a better life after experiencing the
loss of employment, family support, or other personal trauma that results in homelessness. They come
into the shelter for an initial stay of thirty days, during which they must demonstrate a commitment to
personal growth and responsibility. Those who do may stay longer, with most stays not exceeding 90
days. The average stay over the years has been 50 to 60 days.
Those who break rules consistently are evicted. Unfortunately, the few who are evicted for cause
become homeless once more; however, the good of the whole must be maintained.
DIMH has also addressed the issue of the lack of affordable housing to which those experiencing
homelessness may move: 58 beds of affordable, supportive housing have been developed. Additional
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D
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housing is to be located at 630 W. Division Street along with a 40-bed shelter. These efforts also
contribute to the reduction of homelessness.
While we respect the concerns that have been raised by neighboring businesses, we wish to assert that
these concerns are based on fear and not on the reality of the experience of our organization. The
current owner of 630 W. Division Street advises us that the businesses there-in the recent past- have
included programs for the homeless, including a Code Purple shelter. Those using office space or
attending church in this building have never expressed concerns about panhandling, theft, car break-ins,
or harassment from the homeless population . Neither has this been the experience of employees or
customers of the salon and restaurant owned by Mr. Anderson (the building owner representative) in
nearby properties on Division Street.
In fact, Mr. Anderson seeks to continue to have his office in the building, and the church wishes to
continue to utilize its current space depending on decisions to be made by DIMH.
In ten years of location at the nearby property at 684 Forest Street, we have experienced few problems
with our residents. While it is true that we shelter those who have been incarcerated in the past, it is
important to note that they have paid their debt. Those who remain on probation must comply with
probation terms or face eviction. Despite Delaware's overall rate of recidivism, the rate among DIMH
residents is negligible: nearly all who return to incarceration do so as the result of violations of
probation-suc h as curfew-and not due to new crimes. DIMH has a high "success rate" in addressing
this population's needs, most of whom face additional challenges in securing employment and housing.
DIMH also operates a daytime Resource Center for the homeless, which is the result of a request by the
Mayor and Council to have a place for homeless individuals to go during the daytime. This facility has
not only a mailing address for the homeless, but a shower and laundry facilities along with access to
case managers and volunteers to assist those who seek access to public assistance, employment, and
other help. The Covid-19 pandemic has limited both the hours of operation and the number who can be
present at one time. The 630 W. Division Street building will afford more space for the resources
provided and will add space for training programs. Recent training efforts have focused on personal
financial management and health concerns. Plans are to include more classes in such areas as literacy
and workforce development.
Case managers maintain caseloads of over 100 individuals at a time and assist an estimated 200 adults
experiencing homelessness each year. The availability of their assistance transforms many lives;
however, DIMH cannot require homeless individuals outside our shelter to participate.
We trust that you will agree that the Dover Interfaith Mission for Housing has had a positive impact on
the City of Dover. This new facility will be operated responsibly and will continue to be an essential
resource to address the needs of those experiencing homelessness. We ask that you weigh the impact
of our work against the unfounded fears of a few in the community we seek to make a better, safer, and
more productive place for all.
Thank you for your consideration of our rezoning request and the issues described in this letter.
Sincerely,
Jeanine Kleimo, Chair Herb Konowitz, Vice Chair
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12/5/2020, 4:50:46 PM 1:9,028
0 0.05 0.1 0.2mi
Dover Historic District l Victorian Dover Historic Drstrict
0 0.07 0.15 0.3 km
National Historic Districts Downtown Redevelopment Target Area
USDA FSA. GeoEye, \lla,i;ar
Dover Green Historic District CJ High Priority Ta•· ~t District Web AppBuude< fer AnoCIS
USDA FSA, M:,xar I
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11/30/2020 Dover Interfaith searching for new home for the homeless - Delaware State News I Delaware State News
SUPPORT OUR MISSION SUBSCRIBE E-EDITION CLASSIFIEDS OBITUARIES CONTESTS LOGIN SC] Item #1.
---··-···--------------· - -- - - - - -- - - -- - - - - - -- - - -- - -- - - - - - -- - -- -- --·- - · -
• DELAWARE
STATENEWS
The Capital Druly
. ·i
Coronavirus News Sports i Business People Health Entertainment Opinion Your Town
advertisement
Dover Interfaith searching for new home for the
homeless
Oct 27th, 2019 · by Mike Finney• Comments: 3
(
Print Edition
ST81JGGUKG WEIITZ, UGW FACE!WtlYit:S TO~l6KT• PAGE-17
This properly, at 1151 Walker Road, is one o(three thatis cun-ently being GX>ELAW,,ARE STATE NEWS
ii..~rwj;.~ 1~,.;..~;-~~>ia;-
considered as the future home for the Dover Interfaith Mission for Housing.
~E W.(T.JlR TOWER GETS UPGRADE
(Delaware State News/Submitted photo)
DOVER - The Dover Interfaith Mission for Housing's lease at its property at 684
Forest St. is scheduled to run out in 2020, which has city of Dover officials and
members of the Do-wntown Dover Partnership keeping their collective eyes open to
.1elp find a new home for the nonprofit organization.
The Dover Interfaith Mission for Housing serves as a shelter and transitional home for
homeless men. It serves around 36 men year-round and has helped more than 1,000
since the program's inception in 2008, with more than 700 of them obtaining
permanent employment in the community.
Dover Mayor Robin Christiansen said it's a priority for the city to help find a new home
for the organization, currently located at the intersection of Forest Street and Railroad
Avenue in a building owned by the DDP.
The Delaware State News is published seven
The mayor said there have been serious discussions in bringing a light industrial days a week. You can find it in retail outlets
company to the current site ofDIMH, which would bring jobs to the downtown area. throughout downstate Delaware, or
subscribe to our print newspaper or our e-
"I think it's really important for us to continue to work with Interfaith to continue their newspaper, a digital replica of the print
edition.
mission of helping the homeless move to permanent housing and jobs and just to be
tal,en off the street and deal with the issues that they have to deal with," Mayor
Christiansen said. "I think we have a responsibility to participate in their relocation
effort because we, as the Downtown Partnership and the city of Dover, granted them a
lease for the initial property. Subscribe to Follow on Join us on Sign-up for
RSS 1\vitter Facebook Newsletter
https://delawarestatenews .net/news/dover-interfaith-searching-for-new-home-for-the-homeless/
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11/30/2020 Dover Interfaith searching for new home for the homeless - Delaware State News I Delaware State News
"I tliinl< it's only fair for us to help find them a new place. Their lease ends in 2020, but
Item #1.
there are provisions for it to be extended for a year. At this point we'd really like to have
something in place and the sooner the better - so all pa1ties know what's going to
happen."
Mike Harrington, a board member of the DDP, said DIMH has identified three possible advertisement
sites for relocation.
"I think we all recognize the fact that the lease is running out and we're trying to do
everything we can to relocate it," Mr. Harrington said. "The highlights of what the
committee is looking at is one (property) at 630 West Division Street that's quite a
large property that is owned by Crossroads Christian Church. It's probably too much
property for them and it's probably not the best location (downtown), so they're not
looking at that very much.
"The other two locations are on Walker Road. One is the (former) St. John's Lutheran
School, which is vacant and a very large 6,000 square foot building. Across the street is
the Everett Building, at 1151 Walker Road. We have prices on both of those buildings,
and we have offered, but we haven't signed the offer." Greater Dover &'t:ra
(
Mr. Harrington said Dover Interfaith is now contracting, with terms contingent upon
achieving financing needed to obtain the property(ies).
There was concern expressed at last Wednesday's DDP board meeting that there may
Je issues with a daycare located next to one of the properties, but it is unclear whether
the daycare (possibly affiliated with St. John's Lutheran School) is still in operation.
J~Some of the homeless men are on sex offender lists and sex offender laws prevent them · The Greater Dover Extra is published once a
~ from being at or near a youth or school facility. month and mailed to readers in the Dover
area. You can also read the free e-
"We have paperwork that says there was legislation passed that daycares are exempt," newspaper, a digital replica of the print
edition.
said Mr. Harrington. "We were shying away from that, but the Everett Building is 500
feet away and across the street and that's OK.
"I haven't seen it in writing - that there is an exemption for daycares. Obviously, if Comments
there is a restriction, then that would restrict it."
iii Delaware State News
The positives with the two proposed sites off Walker Road are that ancillary services
Recent j Top Comments
could be located near the locations, which could help move the homeless population
Linda Shockley 2 hours ago
•
away from the downtown area. "Nobody wants to play with you four more years ...
• Anti-MSM 2 hours ago
Todd Stonesifer asked Mr. Harrington if they have looked outside of the city for a
possible new location. • _. "I'm not even going lo waste my lime talking ab .. .
Alax Fowler 6 hours ago
Wow, are you confused. All the things he did (b .. ,
.f:1111 Sharon Edrodean a day ago
"Ifwe expand the footprint of where we're looking, we might find more possibilities U It provides Information the public needs to knov1 ..
that might be more cost effective," Mr. Stonesifer said. • Anti-MSM a day ago
_ . future pricing/cost may not be transparent, as it ..
CJ
Bob Skuse a day ago
https://delawarestatenews .net/news/dover-interfaith-searching-for-new-home-for-the-homeless/ Page 50
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11/30/2020 Dover Interfaith searching for new home for the homeless - Delaware State News I Delaware State News
Mr.'Harrington replied that it would be difficult to move the men outside of the city illl'll Let's see what happens to those rates
ell Gene Thornton 2 days ago
nCJ Item #1.
because they need transportation to get to jobs and services. ~ This seems like common sense; far bett
~ Will Garfinkel 3 days ago
"We've not looked outside the city of Dover," Mr. Harrington said. "The Interfaith - Thank you for your Op Ed. Enlightens and educ ...
Linda Shockley 3 days ago
Mission group has purchased some properties outside of the city of Dover, duwn near •
Once they start giving shots to the general pop ...
Felton. They purchased an abandoned hotel down there and it seems to be working Anti-MSM 4 days ago
.L Sears wish book, or Montgomery Ward catalog ?
rather well. Linda Shockley 4 days ago
•
Mail order. Period.
"But being sympathetic to the people that occupy (DIMH), they need to have ¼~ Richard Schwager 5 days ago
- Yes you all have a good Thanksgiving and stay ...
transportation to get food and things like that." Linda Shockley 5 days ago
•
~ Have a good Thanksgiving!
That is a big concern, considering the volunteer organization is made up of more than Anti~MSM 5 days ago
1,000 volunteers who serve 12,000 meals per year at no cost.
,L I'll type slower next time ... and make sure I pow ...
Linda Shockley 5 days ago
•
This post is just about as incoherent as anythin ...
Delaware State News staff writer Mike Finney can be reached at
Il].jinney_@newszaJl_.com.
Tags: Featured• Homelessness
Related
Dover Interfaith sets sights on Task force: Homelessness in Dover's Kleimo honored for
Division Street location Dover a 'moving target' lifetime devoted to less
November 2, 2020 May 29, 2019 fortunate
In "News" In "Government" December 9, 2017
In "People"
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11/30/2020 Dover Interfaith searching for new home for the homeless - Delaware State News I Delaware State News
3 Comments Sort by [_,--;;-P___ j
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This thread is closed
!liill Jeremy Slaughter
~ We are selling our house as soon as we can. Moving out of Dover and soon maybe
even out of Delaware .
-
Like· 1y
Linda Dilegge Phillips
I dont like the fact that sex offenders will be so close to my family. I know these men
need a home, but not so close to these neighborhoods with so many families. I moved
here because of its reputation, guess I would need to start looking for a new place. This
•
saddens me. 16 years of what I call home will be ruined because of this. Saddens me. I
pray they find a better location.
Like · 1y
•
Will Garfinkel
And so it starts, the destruction of west Dover and a viable tax base. What do we hear
from our elected officials, crickets
Like· 1y
.
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EXHIBIT "E"
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11/30/2020 Dover Interfaith Moves Closer to Moving Men's Shelter to Walker - WBOC-TV 16, Delmarvas News Leader, FOX 21 -
CJ Item #1.
WBOCJ6 ."cf.
Of~lfhlW:! !t'!J6HU!'1 J -
Dover Interfaith Moves Closer to Moving
Men's Shelter to Walker Road
Posted: Dec 04, 2019 8:21 PM EST
Updated: Dec 05, 2019 10:23 AM EST
By Tom Lehman [ CONNECT _]
DOVER, Del.- Organizers and partners with Dover Interfaith lv1ission for Housing say the group is
moving closer toward moving its primary shelter for homeless men, though it is looking for help
raising funds for the effort.
DIMH has reached a preliminary covenant with the church that owns the former St. John's
Lutheran School property along Walker Road to purchase the property for more than $600,000,
according to Dover Realtor Mike Harrington, a board member of the Downtown Dover Partnership
who has been assisting the nonprofit with finding a new place for its men's shelter.
The school was recently closed earlier this year and has been identified as one potential Location
for DIMH to move its men's shelter. The organization is being forced to relocate the shelter
because a lease with the Downtown Dover Partnership for its current location on Forest Avenue
will not be renewed and is set to expire after next year.
Although the Walker Road location is more than a mile and a half away from lnterfaith's current
men's shelter and resource center on Forest Street, Harrington said Dllv1H's clients should be able
to get downtown to reach social services or businesses they may need.
"It's definitely walkable. The facility is definitely large enough and the price is reasonable
enough," he said.
Harrington said concerns had been raised about the former school's proximity to a daycare ;J
*-
because the homeless shelter may be used by sex offenders. He said local laws do not prevent
that from happening and DIMH officials have said
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Page 54
www. wboc .corn/story/414085 70/dover-interfaith-moves-closer-to-moving-mens-shelter-to-walker-road
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EXHIBIT "F"
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FIELD LOCAllDII AND GOOGLE EARTll COMPOSIT[ Pl.All rRErAftED FOR
CLEA!f CARS, INC,
#805 FOAE6T STREET, COVER, DELAV/1\f\E 19904
:1:12 AIJll.llV UNI! S!l\/RN,\, IJl!l.l.\fARI•: 1111171
lAX M~P 10; lU-OHmoa-o,..io.oo,QUO l 1JIONt ht !I02-0 7ll· llll ti 1:,,x b'1 :t1J:&..tJ7{1•11a1rn
lA~ I UU'ltK HIJNI/H:L'
CIJY OF UOVlll, KtlH COUNrv, DCLMl~RG 11i\l'W.l!l.lJnYT.iitlll\'ll\'IHll,(l)Jf
CJ
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, GENERAL LAND SURVEY[NG , CON~IRU(;J'ION STr\K EOtrl'S
&AS-m:11:rs
• 11INORSUDDMSION PLINNING
& DESIGN • RESIDENTIAL/COM1D
FARJ\I SURVEYL'.'G
• MINOR LOT LINE AD,JUSTMENTS Item #1.
• ENGINEERI NG/S fl' E
• LOT CONSOLIDATIONS
• TOPOGJv\ PHICSURVEYING
• FLOOD CERTIFICATIONS
''SERVING NEWCASTLE, KE.N'f, ANDSUSSE..X COUNI'IES"
December 10, 2020
Mr. John W. Paradee, Esq.
6 S. State Street
Dover, DE 1990 I
RE: WestSide Car Wash
Dover, DE
Dear Mr. Paradee;
Attached please find a plan prepared by my office, dated 10-DEC-2020, depicting the results of my findings as to a linear
dimension between the N01thwest corner of prope1ty of Silver Linings Holding, Corporation, tax parcel ED-05-076.08-
01-40.01-00, and the Northwest corner of the intersection of Weston Drive and W. Division Street, being the original
Southeast corner of pro petty now of the Dover Special School District, tax parcel ED-05-076.08-01-28.00-000. Not that
find it is needed, but for informational purposes, the WestSide Car Wash, as "pinned" on the imagery lies on the
( Southeast side of W. Division Street
We located a "drill hole" at the Northwest corner of the said Silver Linings Holding which is "called for" in deed record
498-294, and were able to "re-construct" the original Northwest corner for the above noted intersection, at the Southeast
corner of the School parking lot, based on physical evidence found along with deeds and/or a record plan for prope1ties
nearest that intersection on the Northerly side of W. Division Street. While the work·we performed is not an actual
"boundary" survey(s) the corners noted on our plan are based on acceptable surveying practices so as to render a survey
tie dimension as noted on the plan.
Should you have any questions and/or concerns please feel free to call/e-mail me. I am affixing my impression seal on the
letter as a certification to the attached plan.
Respectfully submitted,
William A. Elliott, PLS #489
- ---------------- - - - - - - - -- - -- - - - - - - -- - - -- -- - - - -- - - -- - - - - - - - - - - --------·------ --
Elliott Survey, Corp. - 332 Audrey Lane Smyrna, DE 19977 Ph: (302) 678-8115 Fax: (302) 60 Page 57
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EXHIBIT "G"
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D
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EXHIBIT "H"
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D
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PROTEST IN-OPPOSTION TO REZONING APPLICATION
Lands of Silver Linings Holding Corporation
630 W. Division Street
Application #Z-20-03
We, the undersigned, do hereby submit the following protest, pursuant to 22
Del. C. § 305, respectfully requesting that the City of Dover Planning Commission
and the City of Dover City Council DENY Application #Z-20-03 (the
,·,Application") for rezoning of property owned by Silver Linings Holding
Corporation located at 630 W. Division Street, Dover. Delaware, otherwise known
as Tax Parcel #ED-05-076.08-01-40.0l-000 (the "Property"). We submit this
protest pursuant to 22 Del. C. § 305, as the owners of 20 percent or more of the
area of lots immediately adjacent to or directly opposite the Property.
The Property is located in a highly-developed area of Division Street which
is improved and occupied by a number of longstanding businesses, all of which
would be adversely impacted by the proposed rezoning. We are greatly concerned
that the use proposed by the Application - an emergency shelter and transitional
housing - will introduce a substantial number of transient residents into the
existing neighborhood, creating the risk of significant conflicts with the established
businesses in the area (e.g., congregating, loitering, traffic safety risks, enhanced
risk of criminal activity from transients, etc.). We therefore respectfully submit
that the (1) proposed use is incompatible with the existing uses in the
neighborhood, and (2) adequate public services and infrastructure do not exist to
serve the needs of the additional demand that would inevitably result from
implementation of the proposed use (e.g., police, fire, and EMS services). For all
of the foregoing reasons, the Application does not satisfy the legal standard for
rezoning under Article 10, Section 5 of the City of Dover Zoning Code, and .
accordingly, we respectfully request that you DENY the Application.
Thank you for your consideration.
1
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CJItem #1.
NAME/BUSINESS ADDRESS TE LE PH ON E#
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Page 62
Page 63
D
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EXHIBIT "I"
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Item #1.
PROTEST IN OPPOSTION TO REZONING APP
LICATION
Lands of Silver Linings Holding Corporation
630 W. Division Street
Application #Z-21-03
We, the undersigned, do hereby submit the follo
wing protest,
pursuant to 22 Del. C. § 305, respectfully requesting
that the City of Dover
City Council DEN Y Application #Z-21-03 (the "Applic
ation") for rezoning
of property owned by Silver Linings Holding Corporat
ion located at 630 W.
Division Street, Dover. Delaware, otherwise kno
wn as Tax Parcel
#ED-05-076.08-01-40.01-000 (the "Property"). We
submit this protest
pursuant to 22 Del. C. § 305, as the owners of2 0 perc
ent or more of the area
of lots immediately adjacent to or directly opposite the
Property.
The Property is located in a highly-developed area of
Division Street
which is improved and occupied by a number of long
standing businesses,
all of which would be adversely impacted by the prop
osed rezoning. We are
greatly concerned that the use proposed by the Applicat
ion - an apartment
and office complex to be acquired by the Dover
Interfaith Mission for
Hou sing - will introduce a substantial number of tran
sient residents into the
existing neighborhood, creating the risk of significa
nt conflicts with the
established busin¢sses in the area (e.g., congregating,
I
loitering, traffic safety
risks, enhanced risk of criminal activity from transien
! ts, etc.). We therefore
respectfully subiµit that (1) the proposed use is
incompatible with the
existing uses in \the neighborhood, and (2) adequate
public services and
infrastructure do !not exist to serve the needs of the
additional demand that
would inevitably: result from implementation of the
proposed use (e.g.,
police, fire, and IEMS services). For all of the fore
going reasons, the
Application does i not satisfy the legal standard for
rezoning under Article
10, Section 5 0£ the City of Dover Zoning Code,
and accordingly, we
respectfully reque'.st that you DEN Y the Application.
Thank you for your consideration.
i
1
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Page 65
D
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ADDRESS
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EXHIBIT #3
----------L____JL
Annual Council Meeting ofItem #1.
05/10/2021
From: McDowell, Traci
To: City Clerks Office
Subject: Fwd: EXTERNAL: Rezoning of 630 W. Division Street
Date: Monday, May 10, 2021 3:59:23 PM
Mayor, Members of Council, and Council-Elect,
Please see below regarding the rezoning which is scheduled to be considered during the
Council meeting this evening.
Traci McDowell
Sent from my iPhone
Begin forwarded message:
From: Ann Marie Townshend <ann.townshend@gmail.com>
Date: May 10, 2021 at 3:46:54 PM EDT
To: City Clerks Office <CityClerk@dover.de.us>, "Hugg, Dave" <dhugg@dover.de.us>,
"Harvey, Tracey" <Tharvey@dover.de.us>
Subject: EXTERNAL: Rezoning of 630 W. Division Street
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Members of City Council,
I am writing to express my support for the rezoning request for property located at 630 W.
Division Street from C-3/COZ-1 to C-2A/COZ-1. The report prepared by the Planning Office
notes that the request is consistent with the Comprehensive Plan and with surrounding land
uses and zones. The uses permitted in the C-2A zone are compatible with the commercial
nature of the area. Both the Planning staff and the Planning Commission have recommended
in favor of the rezoning.
I understand that there is some objection to the rezoning based upon the intended use of the
property by Dover Interfaith Mission for Housing (DIMH), and concerns that their use of the
property will lead to panhandling and other objectionable behaviors. In this way, the objection
is more about who would use the property rather than the actual uses permitted within the
zone. This does not justify denial of the rezoning request.
DIMH has emerged as a responsible community partner providing services for those in our
society who are among the most marginalized. They were formed out of necessity when
homeless men in our community had no place to go. They not only provide shelter and
nourishment for their clients, but they connect them with services to help them get their lives
on track. If the rezoning is approved, DIMH plans to create apartments, not a shelter, so that
their clients have access to a continuum of housing. Denying this rezoning based upon who
would occupy the property would run afoul of the City's obligation to affirmatively further fair
housing.
As you likely know, DIMH had planned to move their shelter to an appropriately zoned
property on Walker Road. This would have required no approvals by Planning Commission or
Page 67
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City Council. After neighbors objected, DIMH chose to look elsewhere. This led them to this
D
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property at 630 W. Division Street, where in December, City Council denied a rezoning
request that would allow them to relocate the shelter. They are now back with a rezoning
request that would allow them to provide much-needed affordable housing, although not a
shelter. If not here, where?
DIMH has demonstrated itself to be a responsible and reliable community partner. That they
serve those of us who society would prefer to discard is not a reason to deny them, but rather a
reason to support their good work.
The proposed zone is consistent with the Comprehensive Plan and recommended by the
professional planning staff and the Planning Commission. City Council should support it for
these reasons. To do otherwise would be contrary to the City's obligation to affirmatively
further fair housing.
Ann Marie Townshend
52 Washington Street
Dover, DE 19901
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EXHIBIT #4
Annual Council Meeting ofItem
05/10/2021
#1.
Qtitp of 7Jilober
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2021 -10
A RESOLUTION APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT
ACTION PLAN
WHEREAS, the City of Dover is entitled to $316,192 through the United States Department of Housing
and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2021 Action Plan, in accordance with the United States
Department of Housing and Urban Development guidelines, that serves as the primary planning document
for identifying and meeting the housing and community development needs for the low and moderate-
income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for
the community development purposes in accordance with the National Community Development objectives
of benefitting low and moderate income families, eliminating slums and blight, and meeting other
community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover
to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance including the
proposed use of funds and including certain certifications and policies to obtain its $316,192 entitlement;
for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF
DOVER approve the 2021 Community Development Block Grant Action Plan and application for Federal
Assistance included in the Action Plan, along with certifications and policies attached and authorize its
forwarding to the United States Department of Housing and Urban Development for consideration.
ADOPTED: MAY 10, 2021
S:\RESOLUT IONS- PROCLAMAT IONS-TRJB UTES\202 1\ADOPT ED\RESOL UTION NO 202 1- 10- 202 1 CDBG Action Pla n ADO PTED 05 -1 0-202 1 - REV ISE D.wpd
Actions History (Most recent first)
05/1 0/2021 - Introduction - C ity Council
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COUNCIL COMMITTEE OF THE WHOLE
D Item #2.
The Council Committee of the Whole Meeting was held by video conference on May 11, 2021 at 6:00 p.m.,
with Council President Sudler presiding. Members of Council present via video or telephone were
Mr. Anderson, Mr. Neil, Mrs. Arndt, Mr. Boggerty, Mr. Rocha, and Mr. Taylor, Mr. Hare, and Mr. Lindell
(arrived at 6:11 p.m.). Civilian members present for their Committee meetings were Ms. Maucher (Utility)
and Mr. Contant and Mr. Shevock (Legislative, Finance, and Administration).
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Evaluation of Bids - Environmental Services Contract
Mr. Paul Waddell, Electric Director, reviewed the background and analysis for the evaluation of bids for the
environmental services contract. Mr. Waddell noted that the amount budgeted was not an average annual
cost and that approximately $212,000 was the total cost of three (3) years.
Staff recommended awarding a three (3) year contract with the option to extend in one year increments
twice).
Mr. Hare moved to recommend approval of staff’s recommendation. The motion was seconded by
Mr. Neil and unanimously carried.
Mrs. Arndt moved for adjournment of the Utility Committee meeting, seconded by Mr. Neil and
unanimously carried.
Meeting adjourned at 6:07 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Evaluation of Bids - Automated Trash Truck
Ms. Sharon Duca, Public Works Director, reviewed the background and analysis regarding the evaluation
of bids for an automated trash truck.
Staff recommended awarding the contract to The Pete Store for the City of Dover 22 Cubic Yard Automated
Side Loading Refuse Collections Body and Chassis, Bid #21-0033PW, for the amount of $289,500)
Page 70
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF MAY 11, 2021 PAGE 2
D Item #2.
Responding to Mr. Taylor, Ms. Duca stated that the truck included everything and nothing would have to
be bought separately. She also noted that it would come with a warranty.
Responding to Mr. Taylor, Ms. Duca stated that Public Works currently had thirteen (13) trash trucks, seven
(7) of which were automated. She noted that the trucks that were not automated included three (3) bulk
trucks and three (3) rear loading trucks which were necessary due to the level of service provided for yard
waste, bulk, and hand trash. Ms. Duca advised that Public Works tried to keep the trucks under ten (10)
years of age due to the amount of wear and tear they received. She stated that a number of them were newer
vehicles and they tried to replace about two (2) a year.
Mr. Hare moved to recommend approval of staff’s recommendation. The motion was seconded by
Mr. Shevock and unanimously carried.
Discussion - Required Used of City Email by the Council President
Councilman Lindell requested consideration of establishing a rule that would require the Council President
to utilize a city-issued email address when conducting city business. He noted that it would help to comply
with Freedom of Information Act requests and overall communication.
Mr. Sudler agreed, stating that transparency was the key and he supported having a separate email address
for the business of the City as Council President.
Responding to Mr. Shevock, Mr. Anderson stated that at the end of term as Council President, that
Councilperson would keep their email address because it would be personal to them as long as they were
on Council.
Mr. Lindell, responding to Mr. Shevock, stated that he agreed that they should encourage every
Councilperson to have a City email address. He stated that it was not in the scope of the conversation for
this meeting, but it should be strongly encouraged or if a rule needed to be made it should be to maintain
transparency.
Mr. Neil stated that he would be open to having a City email address.
Responding to Mr. Contant, Mr. Anderson stated that the majority of City Council members used a City
email address and it was available to all but it was not required.
Responding to Mr. Hare, Mr. Contant stated that he was not sure who the City was using as an email
provider but it could most likely be logged into through a web address as well as through installing a client
program on a computer.
Mr. Neil moved for adjournment of the Legislative, Finance and Administration Committee meeting,
seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 6:11 p.m.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF MAY 11, 2021 PAGE 3
D Item #2.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Boggerty presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mrs. Arndt and unanimously carried.
Review of Active Recreation Area Plan - Bay Pointe Apartments (One Building Concept) - 1080 and
1106 Bay Road and Adjacent Unaddressed Parcel on Bay Road (Planning Reference C-21-04)
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the active recreation area plan for 1080 and 1106
Bay Road and Adjacent Unaddressed Parcel on Bay Road.
Staff recommended approval of the Active Recreation for Conditional Use Site Plan Application C-21-04
subject to review comments.
Responding to Mr. Neil, Mrs. Melson-Williams stated that there were a grouping of trees between the
volleyball court and Bay Road. She stated that the distance to the travel lanes of Bay Road was probably at
least forty (40) feet to the property line. Mrs. Melson-Williams stated that there was additional green space
before the pavement of Bay Road so it was of substantial distance but Mr. Neil could make the
recommendation that they consider some kind of fence element along that area.
Responding to Mr. Neil’s concerns regarding safety, Mr. Greg Rishel provided the following information:
• The target audience for this project was young single renters, primarily focusing on air force, air base
personnel, first responders, and adult students.
• Forty-eight (48) of the fifty-four (54) units would be single bedroom, the remaining six (6) would
be two (2) bedroom units.
• The volleyball court was oriented to be parallel to Bay Road to mitigate stray volleyballs from going
into the roadway.
• The active recreation area would be about eighty (80) feet from the edge of Bay Road.
• They intended to make the area fully accessible.
Responding to Mr. Rocha, Mr. Rishel stated that there was a guard rail all along the section of Route 1 to
prevent vehicles from leaving the road and there was also a stop embankment which was heavily vegetated.
He stated that there was a significant grade as well.
Responding to Mr. Taylor, Mrs. Melson-Williams stated that the area was annexed into the City a number
of years ago and once it was developed it would fall within Dover Police Department’s jurisdiction.
Responding to Mrs. Arndt, Mrs. Melson-Williams stated that it was not easy to connect to a greenway or
bike trail because of the right-of-way that existed for Route 1. She stated that it may actually be safer to be
on the other side of the road and circle back. Mrs. Melson-Williams stated that the St. Jones Greenway Trail
was on the other side of Route 1 but the roadways make it a little complex in that area.
Mr. Anderson moved to recommend approval of staff’s recommendation. The motion was seconded
by Mr. Taylor and unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF MAY 11, 2021
DItem #2.
PAGE 4
Presentation - Future Downtown Projects (Downtown Dover Partnership)
Ms. Tina Bradbury, Economic Development and Operations Manager with the Downtown Dover Partnership
reviewed the presentation of future downtown projects.
Responding to Mr. Anderson, Ms. Bradbury stated that the Envision 2030 Downtown Master Plan would
be a combined plan for investment downtown, economic development, and community development so there
would be a unified comprehensive plan. She advised that they were working with Mr. Dave Hugg of
Planning and Inspections to make sure they were in accordance with the plans of the City.
Responding to Mr. Anderson, Ms. Bradbury stated that she believed they were still in the implementation
stage of putting things like housing, business development investment, 5G, etc. into the plan.
Responding to Mrs. Arndt, Ms. Bradbury stated that the PA system would be for playing music downtown
while people shop.
The Parks, Recreation, and Community Enhancement Committee meeting was adjourned by
unanimous consent.
Meeting adjourned at 6:57 p.m.
Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion was
seconded by Mr. Taylor and unanimously carried.
Meeting adjourned at 6:58 p.m.
Roy Sudler, Jr.
Council President
RS/MR/tm/jt
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\05-11-2021 CCW MINUTES.wpd
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D
Item #8.
~4fi~ .E
uuYIR PIR .l)IPARTMDrr &tablished 1882
May 4, 2021
Traci McDowell, City Clerk
MAY IO 2021
City of Dover
15 Loockerman Plaza OFFICE OF THE CITY CLERK
Dover, DE 19901
REF: 2 nd Fire Line Captain Vacancy Filled
Mrs. McDowell ,
On April 7, 2021 during our regularly scheduled company meeting, 2nd Fire Line Captain
Charles Entenman resigned from his elected position. In accordance with our By-Laws,
the membership was notified of the resignation and that nominations to fill the position
would be held at the May 3, 2021 regularly scheduled company meeting.
On May 3, 2021 the nominations for the position of 2nd Fire Line Captain were opened
during the normal course of business. As a result of the nominations being opened, there
was only one nomination to fill the vacant position. The nominations were closed in
accordance with By-Laws.
Please allow this correspondence to serve as notification that the vacancy as a result of
the resignation has been filled by Chad Knotts as he is our newly elected 2nd Fire Line
Captain and meets the requirements to hold the position.
Please let me know if you should need anything additional information.
Respectfully,
Jason Boe, Secretary
103 South Governors A venue • Dover, Delaware 19904
Headqua1ters: (302)736-7 168 • Fire Chiefs Office: (302)736-7 167 • FAX: (302)736-7166
Page 74
Page 75
Item #15.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2021-12
1 A RESOLUTION TO APPLY FOR FY 2022 CONGRESSIONALLY DIRECTED SPENDING
2 PROCESS FOR PHASE ONE OF WATER QUALITY AND EXPANSION INITIATIVE
3 WHEREAS, every day, cities across the country utilize water to operate and provide services to the people to
4 live and work. Of all municipal services, provision of potable water is perhaps the most vital. People depend
5 on water for drinking, cooking, washing, carrying away wastes, and other domestic needs. Commercial and
6 industrial customers rely on water to perform necessary processes for their businesses. Water supply
7 systems must also meet state, local and federal requirements for potable water; and
8 WHEREAS, the City of Dover Department of Water & Wastewater works diligently to maintain a safe and
9 abundant water supply by meeting the state, local and federal requirements for potable water. Staff works with
10 the Delaware Department of Natural Resources and Environmental Control to assure our water allocation levels
11 are sufficient for our customers and future growth; and
12 WHEREAS, the City of Dover is applying for a Fiscal Year 2022 Congressionally Directed Spending Request
13 for Phase One of the Dover Water Quality and Expansion Initiative; and
14 WHEREAS, the first phase will improve the aesthetic quality of its potable water. Due to the combination of
15 the required treatment and the material of the existing water mains, the City occasionally experiences discolored
16 water when delivered to its customers. This project would increase consumer confidence and increase the flow
17 rate of the main, which would also increase fire protection capabilities; and
18 WHEREAS, phase one is the first of three phases for the Water Quality and Expansion Initiative. Phase Two
19 is the installation of a new water production well in Silver Lake Park in the City of Dover, and Phase Three is
20 the building and installation of a water tank in Northwest Dover. Completion of these important projects will
21 improve the water infrastructure for the City of Dover and could generate economic growth in the City in these
22 areas.
23 WHEREAS, the Senate Appropriations Committee through a Fiscal Year 2022 Congressionally Directed
24 Spending Request process, has made available funding for which the City of Dover through its Department of
25 Water & Wastewater can apply for potential funding for this first phase of the Water Quality and Expansion
26 Initiative; and
27 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, Delaware, that
28 the City Manager or his designee be authorized to submit a Fiscal Year 2022 Congressionally Directed
29 Spending Request Application for Phase One of the Water Quality and Expansion Initiative.
30 ADOPTED *
31 ____________________________________ _______________________________
32 ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
33 MAYOR COUNCIL PRESIDENT
34 Actions History
35 05/24/21 - Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 75
Page 76
Item #16.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2021-13
1 A RESOLUTION TO APPLY FOR A FY2022 CONGRESSIONALLY DIRECTED SPENDING
2 REQUEST FOR GARRISON OAK BUSINESS AND TECHNOLOGY PARK BUSINESS ROAD
3 CONNECTOR
4 WHEREAS, the City of Dover, herein called the “Applicant”, has, after adequate consideration of the various
5 aspects of available studies as they relate to the Garrison Oak Business and Technology Park (GOBTP),
6 determined that a business road connector is critical for road access to the park; and
7 WHEREAS, the Applicant understands that the planned Garrison Oak Business and Technology Connector
8 (GOBTP) to the Kent County Aeropark/Central Delaware Aviation Complex (Civil Air Terminal) is critical in
9 that it reduces local street traffic, improves safety, enhances freight movement and supports wholesale and
10 distribution businesses; and
11 WHEREAS, this connector and the direct access it provides between SR1 and the Central Delaware Aviation
12 Complex will allow the growth of aviation-related businesses and potential civilian support to the DAFB, and
13 overall economic growth for the region; and
14 WHEREAS, The City of Dover is applying for a Fiscal Year 2022 Congressionally Directed Spending Request
15 for Phase One of the GOBPT Business-Business Connector. This project has three phases. Phase One includes
16 design, engineering, land acquisition and construction of a connector road from Garrison Oak/White Oak Road
17 running parallel to SR1 to the existing SR 1 interchange at Rte. 8;
18 WHEREAS, Phase Two includes design, engineering, land acquisition and construction of a limited access
19 connector from Route 8/ N. Little Creek Road to S. Little Creek Road; and Phase 3 includes upgrading of
20 Horsepond Road and Starlifter Drive (and extension of Starlifter Drive) to accommodate industrial development,
21 including wholesale distribution, aviation-related and manufacturing opportunities; and
22 WHEREAS, the Senate Appropriations Committee through a Fiscal Year 2022 Congressionally Directed
23 Spending Request process, has made available funding for which the City of Dover through its Planning
24 Department can apply for potential funding for this first phase of the GOBTP Business-to-Business roadway,
25 which furthers the City and County commitment to supporting investments that foster economic development,
26 address targeted industry opportunities, support the implementation of local comprehensive plans, result in
27 economic opportunities and strengthen our local economy; and
28 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, Delaware, that the
29 City Manager or his designee be authorized to submit a Fiscal Year 2022 Congressionally Directed Spending
30 Request Application for Phase One of the Garrison Oak Business and Technology Park Business Road Connector.
31 ADOPTED *
32 ____________________________________ _______________________________
33 ROBIN R. CHRISTIANSEN ROY SUDLER. JR.
34 MAYOR COUNCIL PRESIDENT
35 Actions History
36 05/24/21 - Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 76
Page 77
Item #17.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2021-14
1 A RESOLUTION TO APPLY FOR FY 2022 CONGRESSIONALLY DIRECTED SPENDING
2 PROCESS FOR THE GARRISON OAK BUSINESS AND TECHNOLOGY SUBSTATION IN
3 DOVER, DE
4 WHEREAS, the City of Dover, herein called the “Applicant”, wishes to construct and commission a
5 new electric substation at the Garrison Oak Business & Technology Park (GOBTP), as the Applicant
6 has invested over $14 million in roads, underground power lines, water lines and storage, stormwater
7 improvements and sanitary sewerage to provide jobs and overall economic growth for the city and
8 county; and
9 WHEREAS, the Applicant believes that the building of the new substation is closely aligned with the
10 goals of President Biden’s American Jobs Plan; and
11 WHEREAS, the GOBTP site is partially developed and shovel-ready but for the expansion of the
12 electric system; only three of the original 14 lots have been developed; and
13 WHEREAS, as occupancy of Garrison Oak Business and Technology Park increases, the amount of
14 power drawn will exceed the capabilities of the current City of Dover Transmission and Distribution
15 system; and
16 WHEREAS, the new GOBTP Substation dedicated to the park will also allow distribution to a limited
17 number of customers outside the park in residential areas should they be developed; and
18 WHEREAS, the Senate Appropriations Committee through a Fiscal Year 2022 Congressionally
19 Directed Spending Request process, has made available funding for which the City of Dover and its
20 Utility Department can apply to aid in potentially funding this new electric substation, which will help
21 create hundreds of jobs for the region and strengthen our local economy; and
22 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
23 Delaware, that the City Manager or his designee be authorized to submit a Fiscal Year 2022
24 Congressionally Directed Spending Request Application for the construction of the new Garrison Oak
25 Business and Technology Park Electric Substation.
26 ADOPTED *
27 ____________________________________ _______________________________
28 ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
29 MAYOR COUNCIL PRESIDENT
30 Actions History
31 05/24/21 - Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 77
Page 78
Item #18.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2021-15
1 A RESOLUTION TO SUBMIT AN APPLICATION FOR FY 2022 CONGRESSIONALLY
2 DIRECTED SPENDING FOR THE COMMUNITY CENTER AT DOVER PARK
3 WHEREAS, city parks and open space improve our physical and psychological health, strengthen our
4 communities, and make our cities and neighborhoods more attractive places to live and work. Numerous
5 studies have shown the social, environmental, economic, and health benefits parks bring to a city and its
6 people.
7 WHEREAS, Dover Park has served the recreational needs for east side residents of the city and Kent
8 County, and the wider city for nearly 50 years, providing a place to take a walk in the woods,
9 participate in an aerobics class, youth programs, have a family picnic, play disc golf, tennis, basketball,
10 or just enjoy the playground.
11 WHEREAS, Dover Park, the oldest of the 25 parks and park areas, as part of a Parks and Recreation
12 Master plan, will be renovated with the addition of a community building, that will house educational
13 programming, exercise classes, parks staff and summer camp programs.
14 WHEREAS, the City of Dover Parks and Recreation will provide safe and enjoyable park experiences
15 and ensure that this important amenity planned for Dover Park will contribute to the overall vitality of
16 the City of Dover. The community building is part of a multi-phase process, which will include a spray
17 pad and an accessible playground. The successful completion of this project will achieve increased
18 community pride and a healthier, more engaged and informed community.
19 WHEREAS, the community building was identified as a need in the Dover Park Master Plan adopted
20 by Council in August 2019, and it fulfills a promise made to citizens and community groups to replace
21 the building that had to be demolished in 2014, and has much community support; and
22 WHEREAS, the Senate Appropriations Committee through a Fiscal Year 2022 Congressionally
23 Directed Spending Request process, has made available funding for which the City of Dover and its
24 Parks and Recreation Department can apply to aid in potentially funding the new community center at
25 Dover Park; and
26 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, Delaware,
27 that the City Manager or his designee be authorized to submit a Fiscal Year 2022 Congressionally
28 Directed Spending Request Application for the Dover Park Community Center.
29 ADOPTED *
30 ____________________________________ _______________________________
31 ROBIN R. CHRISTIANSEN ROY SUDLER JR.
32 MAYOR COUNCIL PRESIDENT
33 Actions History
34 05/24/21 - Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 78
Page 79
Item #19.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2021-16
1 A RESOLUTION TO APPLY FOR FY 2022 CONGRESSIONALLY DIRECTED SPENDING PROCESS
2 FOR OUTDOOR WIRELESS CAMERA NETWORK – DOVER POLICE DEPARTMENT
3 WHEREAS, to improve public safety throughout the city, the City of Dover has invested heavily in community
4 policing resources, public works personnel, and technologies to improve the delivery of health and safety
5 services. The city has determined that additional help is needed to create both the reality and perception of
6 adequate health and safety so that Dover can realize its potential; and
7 WHEREAS, to make the City of Dover a safer and more efficient community and thus a very attractive
8 location for residency, business and tourism, the City plans to implement a comprehensive outdoor wireless
9 camera network throughout the city; and
10 WHEREAS, studies have shown in other cities that have wireless camera networks throughout strategic
11 locations, the reports of criminal activity have decreased, as the cameras act as effective deterrents to potential
12 criminal activity; and
13 WHEREAS, the camera package will include a total of twenty camera clusters with 360-degree view. The first
14 ten will be located in community park areas, and ten more will be located in other “at-risk” locations throughout
15 the city; and
16 WHEREAS, the City’s Police Department desires to implement a vendor supplied enhancement that provides
17 access to cooperating public and private video source points. This process could include corporate partners,
18 private residences, and other governmental camera locations throughout the city to bring additional system
19 capability. This expanded network of camera locations will help identify demands for city services and help the
20 Dover Police Department detect criminal activity more quickly; and
21 WHEREAS, the wireless camera locations throughout the City of Dover will provide real-time situational
22 awareness to city officials charged with providing critical services. This group includes, but is not limited to:
23 Public Works, Parks, Police, Electric and Sanitation. The city’s public parks are especially vulnerable, as they
24 are disproportionately visited by children and seniors for both recreation and exercise; and
25 WHEREAS, the Senate Appropriations Committee through a Fiscal Year 2022 Congressionally Directed
26 Spending Request process, has made available funding for which the City of Dover and its Police Department can
27 apply to aid in potentially funding this security equipment, which furthers the City’s commitment to make Dover
28 as safe as possible for its citizens and visitors, and help the city realize its full potential.
29 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, Delaware, that the
30 City Manager or his designee be authorized to submit a Fiscal Year 2022 Congressionally Directed Spending
31 Request Application for the Police Department’s Outdoor Wireless Camera Network.
32 ADOPTED *
33 ____________________________________ _______________________________
34 ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
35 MAYOR COUNCIL PRESIDENT
36 Actions History
37 05/24/21 – Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 79
Page 80
Item #20.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2021-17
1 A RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION FOR A
2 FISCAL YEAR 2022 CONGRESSIONALLY DIRECTED SPENDING REQUEST FOR A
3 REUSE PLAN FOR THE DOVER (DE) UNITED STATES POST OFFICE
4 WHEREAS, the existing United States Post Office at 55 Loockerman Plaza is an essential
5 element of Dover’s downtown area, having been an identifying feature in its current location on
6 Loockerman Street since 1960; and
7 WHEREAS, the existing Dover Post Office facility is obsolete and on an insufficiently large site
8 to support postal operations, requiring the United States Postal Service (USPS) to construct a
9 new, modern retail and carrier operations facility on Bank Lane, thereby causing the existing
10 facility to become available for other uses; and
11 WHEREAS, in 2019 the City and the USPS exercised provisions of a prior agreement providing
12 for the Post Office to vacate the site with the property reverting to the City of Dover once it is no
13 longer in use, thereby creating an opportunity for another community purpose; and
14 WHEREAS, a comprehensive assessment and reuse plan is needed to determine the best uses of
15 the facility and property, to include a structural analysis of the facility, a preliminary
16 environmental assessment, a community outreach process, development of conceptual plans,
17 architectural renderings, demolition/construction cost estimates, and such other information as is
18 required to guide a reuse project; and
19 WHEREAS, the Senate Appropriations Committee through a Fiscal Year 2022 Congressionally
20 Directed Spending Request process, has made available funding for which the City of Dover
21 through its Planning Department can apply for potential funding for the Dover United States Post
22 Office Reuse plan; and
23 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
24 Delaware, that the City Manager or his designee be authorized to submit a Fiscal Year 2022
25 Congressionally Directed Spending Request Application for a reuse plan for the Dover United
26 States Post Office facility and site.
27 ADOPTED *
28 _______________________________ _______________________________
29 ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
30 MAYOR COUNCIL PRESIDENT
31 Actions History
32 05/24/21 – Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 80
Page 81
FIRST READING
Item #21.
CITY OF DOVER PROPOSED ORDINANCE #2021-12
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter Appendix B - Zoning, Article 3 - District Regulations, Section 17 - Shopping Center
4 Development, Subsection 17.33 - Regional Shopping Center (SC-3) Permitted Uses of the Dover
5 Code be amended by inserting the text indicated in bold, blue font and deleting the text indicated in
6 red strikeout as follows:
7 17.3 Permitted uses.
8 17.33 In a regional shopping center (SC-3), [the following are permitted uses:]
9 1. All retail, office, personal service, recreational and institutional
10 facilities, warehousing, transshipment and distribution, and
11 logistics support, which can be shown, by market analysis, to be
12 needed, and which will have no adverse effect on adjacent land uses.
13 (Ord. of 4-12-1982, § 1; Ord. of 4-25-1994; Ord. of 2-12-2001; Ord. No. 2011-25, 12-12-2011; Ord.
14 No. 2014-06, 5-12-2014 )
15 ADOPTED: *
16 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-12 - APPX B, ART III, SEC 17 - REGIONAL SHOPPING CENTER\ORDINANCE 2021-12 APP B ART III SEC 17 - SC-3 REGIONAL
17 SHOP CTR 1st Reading.wpd
18 SYNOPSIS
19 This amendment adds "warehousing, transshipment and distribution, and logistics
20 support" to the list of permitted uses in a regional shopping center as a result of the
21 ongoing evolution of such centers across the country away from primarily retail to
22 a mix of uses. These changes reflect changing customer concepts of shopping, the
23 decline of the traditionally large format retailer, the influence of online retail
24 operations, and the evolution of the wholesale, and logistics distribution sector.
25 (SPONSORS: ANDERSON AND NEIL)
26 Actions History (Most recent first)
27 05/24/2021 - Introduction/First Reading - City Council
Page 81
Page 82
Item #22.
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2021-13
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 4 MIFFLIN ROAD
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 CPO (Commercial Professional Office Zone) and subject to the COZ-1
9 (Corridor Overlay Zone) to C-2A (Limited Central Commercial zone) and subject to the COZ-1
10 (Corridor Overlay Zone).
11 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
12 DOVER, IN COUNCIL MET:
13 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
14 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO
15 (Commercial Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to C-2A
16 (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that
17 property located at 4 Mifflin Road (on the southwest corner of Forrest Avenue and Mifflin Road),
18 consisting of 1.248+/- acres, owned by Peter F. And Bonnie S. Reidy.
19 (Tax Parcel: ED-05-076.09-01-11.00-000; Planning Reference: Z-21-04; First Council District)
20
21 ADOPTED: *
22 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-13 - REZONING - 4 MIFFLIN ROAD\ORDINANCE #2021-13 - REZONING - 4 MIFFLIN ROAD
23 - FIRST READING.wpd
24 Actions History
25 May 24, 2021 - Scheduled for First Reading - City Council
Page 82
Page 83
Item #22.
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
May 24, 2021
Owner: Peter F. & Bonnie S. Reidy
Address: 4 Mifflin Road
Location: Southwest corner of Forrest Avenue and Mifflin Road
Tax Parcel: ED-05-076.09-01-11.00-000
Size: 1.248 acres (54,362.9 SF)
Present Use: Single-family dwelling (vacant)
Proposed Use: Service Establishment (Car Service with Drive-through)
2019 Comprehensive
Plan Designation –
Land Use Category Commercial Low-Intensity
Present Zoning: CPO (Commercial & Professional Office 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 1.248+/- acre parcel at 4 Mifflin Road,
Dover DE 19904 from CPO to C-2A (while retaining COZ-1
Overlay).
File Number: Z-21-04
Ordinance Number: 2021-13
Page 83
Page 84
City of Dover Application No.: Z-21-04
Item #22.
Department of Planning & Inspections
N Ca ro
line Pl
Hampton
Dr
ROS RG-3
ROS
Par Haven Dr
ay
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Fa
Dr RG-2 La k
es
ide
Dr
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RG-3 null Co
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Mars
k Ln
Cree
RG-3
ve
Forr est A
Site CPO
C-2A
CPO
R-8
fflinR
Mi
d
St
awn
R-8 F
R-8
R-10
ROS
R-8
Tile: Lands of Reidy
Ordinance #: 2021-13
Addresses: 4 Mifflin Road Legend
« D-
Parcel ID: ED-05-076.09-01-11.00-000
Subject Property
Existing Zoning: CPO Commercial Professional Office Zone and
COZ-1 Corridor Overlay Zone 2012 Buildings
Proposed Zoning: C-2A Limited Central Commercial Zone
Zoning
COZ-1 Corridor Overlay Zone
Owner: Peter F. & Bonnie Reidy D Dover Parcels
Date:
0 125
05/13/2021
250 500 Feet
- Corridor Overlay Zone
i Page 84
I
Page 85
Item #23.
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2021-14
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 1617 FORREST AVENUE
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 R-10 (One Family Residence 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 R-10
14 (One Family Residence 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 1617 Forrest Avenue (on the north side of Forrest Avenue and adjacent to Cranberry Run
17 Drive), consisting of 5.04+/- acres, owned by Draper Farm Properties, LLC.
18 (Tax Parcel: ED-05-075.00-01-07.00-000; Planning Reference: Z-21-05; First Council District)
19
20 ADOPTED: *
21 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021-14 - REZONING - 1617 FORREST AVENUE\ORDINANCE #2021-14 - REZONING - 1617 FORREST
22 AVENUE - FIRST READING.wpd
23 Actions History
24 May 24, 2021 - Scheduled for First Reading - City Council
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Item #23.
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
May 24, 2021
Owner: Draper Farm Properties LLC
Address: 1617 Forrest Avenue
Location: North side of Forrest Avenue, east of Cranberry Run Drive
Tax Parcel: ED-05-075.00-01-07.00-000
Size: 5 acres (217,800 SF)
Present Use: Vacant (Previous residence demolished and with associated
agricultural outbuildings and land in cultivation)
Proposed Use: Retail Store & Accessory Use (Convenience Store with Fuel Pumps)
2019 Comprehensive
Plan Designation –
Land Use Category: Mixed Use
Present Zoning: R-10 (One-Family Residence 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 5.04+/- acre parcel at 1617 Forrest
Avenue, Dover DE 19904 from R-10 to C-2A (while retaining
COZ-1 Overlay).
File Number: Z-21-05
Ordinance Number: 2021-14
Page 86
Page 87
City of Dover Application No.: Z-21-05
Item #23.
Department of Planning & Inspections
ROS
Chelsea W ay
R-10
R-8
R-10
F almou
th W ay
Stoney Dr
RM-1
Cranberry Run D
r
R-10
R-10
Yarmouth Way R-8
Site
R-10
Forrest Ave
R-10
Tile: Lands of Draper Farm Properties LLC
Ordinance #: 2021-14
Addresses: 1617 Forrest Avenue Legend
« D-
Parcel ID: ED-05-075.00-01-07.00-000
Subject Property
Existing Zoning: R-10 One-Family Residence Zone
COZ-1 Corridor Overlay Zone 2012 Buildings
Proposed Zoning: C-2A Limited Central Commercial Zone
Zoning
COZ-1 Corridor Overlay Zone
Owner: Draper Farm Properties LLC D Dover Parcels
Date:
0 125
05/13/2021
250 500 Feet
- Corridor Overlay Zone
i Page 87
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