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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on November 28, 2022, at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare.
Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Fire
Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council
Meeting. Council President Sudler declared the Open Forum in session and reminded those present
that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
INVOCATION
The invocation was given by Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Hare.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare and unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Dr. Pillsbury and carried
by a unanimous roll call vote.
PUBLIC HEARING - RESOLUTION NO. 2022-09 APPROVING ISSUANCE OF
CERTAIN BONDS OR NOTES BY ROBBINS HOSE COMPANY NO. 1 OF DOVER,
DELAWARE
A Public Hearing was duly advertised for this time and place to consider Resolution
No. 2022-09 Approving Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1
of Dover, Delaware.
Ms. Lori Peddicord, Controller Treasurer, explained that before Council, there is a Resolution
for the approval of the bonds or notes associated with the 2022 Pierce Enforcer Pumper Rescue
apparatus and because this was originally approved back in July 2021 and the delivery date has
been pushed several times there is a change order that was included in the packet of information.
Ms. Peddicord explained that Council made a motion to approve the $729,000 purchase of this
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 2
apparatus, and the change order reflects an increase of $4,674, with a total amount of $733,000.
Ms. Peddicord further explained that the Fire Chief asked if the Fire Company would incur that
additional expense. Ms. Peddicord stated that they are circulating a solicitation for financing, and
if they can get the financing locked down before the delivery of the vehicle, the bank that the
City obtained the financing through will pay the vendor for the apparatus, and then there will be
balloon payment as originally budgeted going forth. If the financing is not locked down prior to
the delivery date, this Resolution allows the city the ability to fund the expense upfront and then
repay itself.
Ms. Peddicord explained that there is a clause in the Resolution where the city can reimburse for
the full cost or whatever was spent prior to the financing being obtained. Ms. Peddicord stated
that they are still going through the process of trying to close the loan and that it is a bit different
because of the delay in the delivery of the equipment.
Responding to Mr. Taylor, Ms. Peddicord explained that the fees come out of the general fund and
the budget is adjusted accordingly.
Responding to Mr. Taylor, Chief Carey explained that the trucks come with a one-year warranty,
with an option to purchase an extended warranty. Chief Carey further explained that they had
gotten a price quote on an extended warranty a few years back but cannot remember the exact
amount.
Mr. Taylor asked Chief Carey to bring the cost of an extended warranty back to council for review.
Mr. Hare followed up and stated that if paying the additional amount is an issue, council should
be able to assist, suggesting the possibility of using the discretionary fund.
Chief Carey followed up with Mr. Taylor, explaining that the truck comes with a bumper-to-
bumper one-year warranty and the drivetrain has a five-year warranty.
Responding to Mr. Neil, Chief Carey explained that they normally keep a truck on the front line
for fifteen years and then move it to the back line, and it lasts another five years. Chief Carey
explained that it takes approximately $50,000 a year to keep one engine in service once they start
aging, around the 12–15-year timeframe.
Mr. Neil stated that if they are going to take an extended warranty it would have to be beyond that
period. Mr. Neil stated that if it is not necessary to have it to approve this, they can come back with
it to see whether Council can add it, then they can honor the request from Councilman Taylor in
terms of seeing what that is going to cost them because it looks like it is after the 12th year, that
they start having the problems.
Mr. Hare agreed with Mr. Neil but explained that he does not believe they are going to find an
extended warranty that will go beyond 12 years unless you use CarShield, and they are very
expensive.
Council President Sudler declared the hearing open.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 3
There being no one present wishing to speak during the public hearing, Council President Sudler
declared the hearing closed.
By motion of Mr. Anderson, seconded by Mr. Hare, and by a unanimous roll call vote,
Council approved the change order for the fire truck apparatus.
By motion of Mr. Anderson, seconded by Mr. Boggerty, and by a unanimous roll call vote,
Council adopted Resolution No. 2022-09, as follows:
A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY
THE ROBBINS HOSE NO. 1 OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the “Company”) is a fire
company organized and existing under the laws of the State of Delaware; and
WHEREAS, the Company has provided and continues to provide firefighting services to an
area within the City of Dover, Delaware (the “City”); and
WHEREAS, the Company has advised the City that the Company proposes to issue up to
$750,000.00 of bonds or notes of the Company (the “Bonds”) for the purpose of financing a
portion of the costs of a new 2022 Pierce Enforcer Pumper/Rescue thereon for the Company
(the “Project”); and
WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion
from gross income of the owners thereof for federal income tax purposes pursuant to Sections
103 and 150 of the Internal Revenue Code of 1986, as amended (the “Code”); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not
qualify for exclusion from gross income of the owners thereof for federal income tax purposes
unless the issuance of the Bonds is approved by the applicable elected representative of a
governmental unit with which the Company has entered into an agreement, after a public hearing
to consider the issuance of the Bonds has been conducted, following reasonable public notice;
and
WHEREAS, the City and the Company previously entered into an Agreement (the
“Agreement”) pursuant to which the Company agreed, among other things, to provide exclusive
firefighting services to the City; and
WHEREAS, notice of the requisite public hearing was published in the Delaware State News,
a newspaper of general circulation in the City, and on November 28, 2022, the City Council of
the City of Dover conducted a public hearing on behalf of the Company for the purpose of
considering the issuance of the Bonds; and
NOW, THEREFORE, BE IT RESOLVED that the Issuer hereby resolves and declares its
intent under Treasury Regulations § 1.150-2 to issue its bonds (the “Bonds”) to finance the
capital costs of the Project, together with costs of issuance and reasonably required reserves,
subject to the following conditions:
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 4
1. The maximum principal amount of Bonds expected to be issued to finance the
Project is
$750,000.00.
2. Pending issuance of the Bonds, the Issuer may finance the Project with other funds which
will be reimbursed with the proceeds of the Bonds, provided that (a) the Bonds shall not
be used to reimburse any expenditure paid more than 60 days prior to the present date;
(b) the Bonds shall not be issued more than 18 months after the later of (i) the date of
the first expenditure to be reimbursed with the proceeds of the Bonds, or (ii) the date
the Project is placed in service; and
(c) in no event may the Bonds be issued more than three years after the date of the first
expenditure to be reimbursed with the proceeds of the Bonds and provided further that
the limitations of this paragraph 2 shall not apply to qualified “preliminary expenditures”
as permitted by Treasury Regulations § 1.150-2(f).
3. Issuance of the Bonds shall be subject to documentation acceptable to the officers
of the Issuer providing for payment of principal, interest, and redemption price of
the Bonds.
BE IT FURTHER RESOLVED that the Council of the City of Dover, Delaware, for the sole
purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the
gross income of the owners thereof for federal income tax purposes pursuant to Section 103 of
the Code, does hereby approve the issuance of bonds or notes by the Company in a maximum
aggregate principal amount of up to $750,000.00 for the purpose of financing a portion of the
costs of the Project, provided, that such bonds or notes shall be an obligation of the Company
and shall never be a debt of the City and the City shall not be liable for any payment on such
bonds or notes.
ADOPTED: NOVEMBER 28, 2022
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 14, 2022
The Minutes of the Regular Council Meeting of November 14, 2022 were unanimously
approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval
of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE - November 15, 2022
The Council Committee of the Whole met on November 15, 2022, at 6:01 p.m. with
Council President Sudler presiding. Members of Council present were Mr.
Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr.
Taylor, and Mr. Hare. Mayor Christiansen was also present. Civilian members
present for their Committee meetings were Mr. Shevock (via WebEx) and
Mr. Contant (WebEx) (Legislative, Finance, and Administration), and Mr.
Tholstrup and Mr. Lewis (WebEx) (Parks, Recreation, and Community
Enhancement). Dr. Jackson and Mr. Hosfelt (Safety, Advisory, and Transportation)
were absent.
ADOPTION OF AGENDA
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 5
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Mr. Sudler recused himself from the Safety, Advisory, and Transportation
Committee Meeting at 6:02 p.m. and returned at 6:39 p.m.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and
unanimously carried.
Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision –
General Requirements and Design Standards, Section A - Streets (Right-of-Way
known as Raymond Street and Railroad Avenue) - Waiver of Requirements to
Increase in Maximum Length of a Dead-End Street (Cul-de-Sac), and the
Elimination of Sidewalk on One Side of a Public Street associated with a Site
Development Plan for the improvements to the rights-of-way of Raymond Street
and Railroad venue to allow for further development of the properties that these
streets will give access. (Mary Ellen Gray, City Planner)
Ms. Mary Ellen Gray, City Planner, reviewed the background and analysis
regarding the Request for Waivers.
Planning Commission recommended approval with conditions of the request to
increase in maximum length of a dead-end street and the elimination of a sidewalk
on one side of a public street.
Dominic Balascio, 3171 DuPont Parkway, Townsend, Delaware stated that he is
the developer for the project. Mr. Balascio stated that they have removed one of the
waivers, met with the Solicitor, Mr. Rodriguez, and the Planning Department and
it was determined that the one waiver as related to Raymond Street was not
necessary. Mr. Balascio noted that they are seeking two waivers tonight.
Mr. Balascio stated that one of them has to do with the length of Railroad Avenue,
not the width, it will comply with all the code requirements as related to width.
Mr. Balascio stated that it was determined that the entrances would be better on
Railroad Avenue and not Raymond Street when they met with the Planning
Department and the Planning Commission. Mr. Balascio stated that the second
waiver is the removal of the sidewalk along Railroad Avenue. Mr. Balascio
explained that they were told again that it would be best not to have sidewalks
adjacent to the railroad. Mr. Balascio continued to explain that they have taken the
time at the recommendation of this committee, to meet with people on-site, and go
over what was requested. Mr. Balascio noted that he met with Dr. Mishoe, Mr.
Rodriguez, and the Planning Department and reviewed Dr. Mishoe’s concerns
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regarding her title to Raymond Street. Mr. Balascio explained that all of this has
been presented to Mr. Rodriguez and he has reviewed it all. Mr. Balascio noted that
it is not something that is before this committee tonight and that it has nothing to
do with both waivers.
Mr. Balascio stated that he respectfully submits that as far as that issue as a topic,
it has nothing to do with what they are requesting tonight. Mr. Balascio explained
that if that is something someone wants to discuss with regards to that, the
appropriate time is when they have their site plan submitted and it is before Council.
Mr. Balascio stated that both engineers are in attendance if Council has any
clarifying questions.
Mr. Taylor thanked Mr. Balascio and Mr. Rishel for their persistence. Mr. Taylor
also thanked Mr. Rishel for being nothing but professional throughout this process.
Mr. Taylor stated that good business is needed in the City of Dover and that housing
is needed.
Dr. Wilma Mishoe, 353 Rita Wilma Road, Dover, Delaware, stated that she is here
to speak about Raymond Street and Jason Street. Dr. Mishoe explained that since
she just heard Mr. Balascio state that, that is not what they are discussing tonight,
she does not have a concern about Railroad Avenue. Dr. Mishoe stated that the
appropriate time to discuss her issues would be with the site discussions and so
forth. Dr. Mishoe explained that her concern has to do with ownership and right of
way.
Dr. Mishoe explained that she has been through the deeds and that she probably has
every piece of deed and legal papers that they have. Dr. Mishoe stated that it seems
there is still the debate about who owns what property, and that it does need to be
settled and finalized. Dr. Mishoe stated that, that is not something that Council is
debating or deciding tonight.
Responding to Mr. Rocha, Mr. Taylor stated that on the agenda tonight, the waiver
request is two requests and that one is to increase the maximum length of a dead-
end street, the cul-de-sac, and to eliminate the sidewalks on one side. Mr. Taylor
explained that Mr. Neil made a motion, it was seconded by Mr. Boggerty, but the
motion failed. Thus, they went back to Planning Commission.
Responding to Mr. Boggerty, Dr. Mishoe stated that there is no opposition to
lengthening Railroad Avenue as it is not on her property.
Travis Mishoe Sudler, I, 353 Rita Wilma Road, Dover, Delaware, 19904. Mr.
Mishoe Sudler stated that he is not here to discuss any opposition regarding
Railroad Avenue. Mr. Mishoe Sudler stated that he would like to ask for a request
from the City of Dover. Mr. Mishoe Sudler requested the city collaborate with these
developers on trying to find an alternative route for them to get to their property
without coming through Jason Street.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 7
Mr. Mishoe Sudler clarified that he is asking the city to investigate and to try
working with them to talk with DelDOT, about getting an entrance coming from
the west side so that they can enter the crossing over the railroad tracks. Mr. Mishoe
Sudler stated that his request is regarding Railroad Avenue and for the City of
Dover to work with these gentlemen, these developers so that they can keep peace
and commonality.
Mr. Mishoe Sudler stated that if Council agrees with having the population of
Dover grow by allowing them to build back their residencies, then he is asking, for
one of the representatives in the heirs of the community, which they want to run
through Jason Street. Mr. Mishoe Sudler asked Council to please investigate and
work with these gentlemen to get approval from the State of Delaware to connect
Railroad Avenue to something that they can develop beautifully in this city.
Responding to Mr. Mishoe Sudler, Mr. Boggerty stated that an issue coming from
the west side was the railroad tracks. Mr. Boggerty explained that they have heard
Representative Lynn on more than one occasion speak on the problems of trying to
have a railroad crossing installed because of the way the railroad works. Mr.
Boggerty continued to explain that they will give you one, but you must give them
another one back in return. Mr. Boggerty stated that with this being the case, they
are not giving anything because no one is giving any of them back and that it is
very problematic to do that.
Responding to Mr. Taylor, Mary Ellen Gray stated that this discussion tonight is a
continued consideration, a clarifying review, and an action of two subdivision
waivers for the Site Development Plan. Ms. Gray stated that the first waiver request
is to increase the maximum length of a dead-end street for Railroad Avenue and
eliminate a sidewalk on one side of a public street for Railroad Avenue. Ms. Gray
stated that per Appendix A, Subdivision Article VII, Special Provisions of the City
Code, which is due to special conditions peculiar to a subdivision or a site, the
Planning Commission may recommend to City Council that certain site sub-site
requirements be waived.
Ms. Gray explained that the review and public hearing of Site Plan S-2204 occurred
at the Planning Commission meeting on March 21st, 2002, to review these two
waiver requests. Ms. Gray noted that there was a third waiver request as well, which
as the applicant just articulated, is no longer being requested. Ms. Gray stated that
the Planning Commission recommended approval of these subdivision waivers.
Ms. Gray continued to state that the report and attachments were provided in the
packet that was posted. At the Council Committee meeting of the Whole, Safety
Advisory, and Transportation Committee meeting on April 26, 2022, the committee
heard a presentation of these waiver requests and there were also public comments.
Ms. Gray stated that the committee by their motion recommended postponing this
request until the city could review the rights related to Dr. Wilma Mishoe's
property.
Ms. Gray noted that a series of follow-up activities occurred and the Planning staff
via the City Clerk's office obtained contact information from Dr. Wilma Mishoe
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and shared it with the project design team. Ms. Gray stated that as the applicant
indicated this evening, the staff scheduled an onsite meeting with Dr. Mishoe and
others on May 13, 2022 and provided additional information via email. Ms. Gray
continued to state that the results of the meeting were reported to the Planning staff
who then recommended the submission of documents related to the coordinated
activities. The Planning Staff also recommended the preparation of a series of
clarifying exhibits regarding the waiver requests and, this is described in a summary
letter dated June 17, 2022, which is in the packet.
Ms. Gray stated that these subdivision waiver requests were scheduled for
continued review and action at the Council Committee Meeting of the Whole on
June 28, 2022. Ms. Gray noted that was then postponed at the applicant's request.
Ms. Gray continued to explain that it was continued to a Council Committee
Meeting of the Whole Safety Advisory and Transportation Committee meeting on
July 26, 2022, and that is where the committee resumed consideration of the three
requests for waivers. Ms. Gray stated that it was at that meeting that there was a
motion that was put forth regarding the three waiver requests, but the motion failed.
Ms. Gray noted that in response to this action, the applicant submitted a letter dated
August 2, 2022, which is also in Council’s packet. Ms. Gray stated that City
Council, at their meeting on August 8, 2022, adopted the consent agenda, which
incorporated that failed motion. Ms. Gray continued to state that in response to
Council’s action on August 8, 2022, and further consultation with Planning staff,
the applicant submitted the letter dated November 1, 2022, which brought them
there this evening.
Ms. Gray stated that the November 1, 2022, letter from the applicant, withdraws
the one waiver request and outlines the summary and clarifying information of the
other two waiver requests. Ms. Gray continued to state that is why they are here
tonight. Ms. Gray stated that what is before Council this evening, is to have a
clarification, a review, and an action on the two waiver requests. Ms. Gray noted
that again, the requests are to increase the maximum length of a dead-end street for
Railroad Avenue and to eliminate one side of the sidewalk of a public street for
Railroad Avenue.
Madam Clerk Engle read into the record: November 15th, 2022, a response Request
for Waiver, Appendix A, Subdivisions Article VI, Subdivision General
Requirements and Design Standards Section A, Streets Right of way known as
Raymond Street and Railroad Avenue. Dear City of Dover Council Committee, I
write on behalf of Delaware State University regarding the above-referenced
request for waiver. The University respectfully opposes the waiver due to the
impact on traffic in the area. Respectfully. Tony Allen, Ph.D. President.
Mr. Neil stated that in the packet today, there are 261 pages, 91 devoted to this
subject. Mr. Neil stated that there is a letter and something that Mrs. Mishoe, and
again they are talking about people whom he has the greatest respect for and that
he thinks the city owes them a great deal of respect and, that is a question of who
owns the land. Mr. Neil continued to state that they have a letter that is in the packet
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 9
from an attorney dated November 5, 2022, suggesting that he was doing an
investigation. Mr. Neil noted that they have not heard back from that, but that he
understands from what they are talking about that would be a separate issue. Mr.
Neil noted that regarding that issue, that would probably come up when the plans
are made or brought before the Planning Commission as to what this is going to
look like before it is finished.
Mr. Neil stated that the second thing they have is the letter from Dr. Allen and that
he questions it because he is not certain where the university is affected by the
traffic because they cannot get through their property. Mr. Neil continued to state
that they could get through their property and that they may have another entrance
for it. Mr. Neil noted that he would rather have him testify in person to define this.
Mr. Neil stated that is because any time they have any kind of commercial activity,
anytime they have apartments and there is a group of apartments that are going up
on Leipsic Road, that is going to create a Leipsic Road at Route 13, that is going to
cause a tremendous amount of traffic because of the size of it.
Mr. Neil stated that he is concerned about it because the city has Firefly, they have
NASCAR, and they have the Gift of Lights that is coming up, which will be affected
and added to that. Mr. Neil continued to state that anytime you have a commercial
property, anytime you have any new business opening up, or anytime the university
wants to have another building added, it is going to create traffic. Mr. Neil
continued to note that he has disregarded that letter because he thinks it is too broad
and must be defined.
Mr. Neil noted that in the documents they have received in the packet, there are not
going to be any entrances except off Railroad Avenue. Mr. Neil stated that there
are going to be two exits and entrances up there to get into the community. Mr. Neil
noted that as far as he is concerned, he sees nothing that will change his vote. Mr.
Neil stated that he made the motion the last time, and he is going to again, do that
because the city needs that housing.
Mr. Neil stated that housing is extremely important to the city and what the city is
trying to do. Mr. Neil explained that lack of housing causes the cost of housing to
go up, and rents to go up. Mr. Neil stated that he thought the more housing that they
have, the better off they are going to be because the population is here and, the more
people they have in the city are going to benefit from them. Mr. Neil stated that it
is not to cause any problems for the Mishoe family who have been great citizens
and this city certainly owes a lot to them.
Jackie Griffith, 210 Westover Drive, stated that they have received notices, but that
they did not have the opportunity to look at any of the notices. Ms. Griffith stated
that their general counsel contacted the city today when they found out about this.
Ms. Griffith explained that President Allen wanted to make sure that he went on
record to say that Delaware State University opposed it, as they tried to investigate
more, they really needed more time to look at it and to study all the impacts that it
would create. Ms. Griffith stated that it is their annex building, which is where their
athletes are. (Attachment #1)
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 10
Mayor Christiansen stated that State College Road is already a nightmare, while he
agrees with Councilman Neil, about the need, he cannot concur with an exit right
there at the railroad crossing. It is going to be a nightmare.
Responding to Mayor Christiansen, Ms. Gray referenced the map on page 66 of the
packet and showed that Railroad Avenue would end before the Delaware State
University’s Annex Property.
Referencing Pictures (Attachment #2) Ms. Gray explained that if they continue
passed the track it will turn into Railroad Avenue.
Responding to Mr. Taylor, Ms. Gray stated that there is currently no road there and
that it is unimproved. Ms. Gray explained that Raymond Street would continue
through the trees and meet Railroad Avenue.
Responding to Mr. Hare, Ms. Gray stated that this evening’s discussion is not on
ownership but on the request for waivers.
Responding to Mr. Hare, Ms. Gray stated that the next step would be the site plan
development process.
Mr. Neil moved to recommend approval with conditions of the request to
increase in maximum length of a dead-end street and the elimination of a
sidewalk on one side of a public street, as recommended by the Planning
Commission. The motion was seconded by Ms. Arndt and carried by a roll
call vote of 6 in favor, 2 opposed (Taylor and Boggerty), and 1 abstention
(Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve with conditions of the request to increase in maximum length of a dead-end street
and the elimination of a sidewalk on one side of a public street, as recommended by the
Planning Commission, seconded by Dr. Pillsbury and carried by a unanimous roll call vote
Mr. Taylor moved for adjournment of the Safety Advisory and
Transportation Committee, hearing no objection, the meeting adjourned at
6:38 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairwoman Arndt presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 11
Mayor and Council Reports
Council President
Mr. Sudler stated that on Tuesday, October 25th, 2022, from 8:30 AM to 9:30 AM,
he participated in the Diversity, Equity, and Inclusion Coffee and Conversation
event. Mr. Sudler noted that it was very productive, a lot of the organizational
citizens were very happy to be there, and that the morale was up and all was well.
On Saturday, October 29th, 2022, from 8:00 AM to 11:00 AM, he attended the
Delaware State University parade and held the banner for the State of Delaware's
Congresswoman, Lisa Blunt Rochester.
On Wednesday, November 3rd, 2022, he volunteered his talent and time to the
afterschool program for the City of Dover's Library Program. He prepared
chicken bread sliders and garlic macaroni and cheese for the youth. Mr. Sudler
stated that they were very excited.
First District
Dr. Pillsbury stated that District one held a community meeting, on November 3,
2022, at Maple Dale Country Club, which was well attended. Dr. Pillsbury stated
that she received a lot of feedback since they had the meeting of people who were
not available or were unaware of the meeting and hoped to attend future meetings.
Mr. Rocha stated that the next meeting will be the first Thursday in March. Mr.
Rocha stated that they will hold these meetings quarterly and then it will be
addressed if they need to do them more frequently because of the popularity. Mr.
Rocha stated that Dr. Pillsbury, Councilman Boggerty, and himself pulled this thing
together and that they had a member from the Delaware Department of
Transportation (DelDOT) that was speaking about the upgrades on Kenton Road,
which was very informative to them. Mr. Rocha stated that the only other thing that
is going on in the community is the gun violence intervention, which is going to be
held on November 16, 2022, but that they had a run-through today at Dover
Christian Church, which is on 1738 Forest Avenue right next to Dover High School.
Mr. Rocha stated that this is a new program that Chief Johnson has brought down
from Wilmington. Mr. Rocha stated that they are already working with individuals
that are on probation or parole and, as an alternative, providing them with
alternative means of staying away from unsavory or violent activity.
Second District
Mr. Taylor stated that he attended the Joint Pension Board and that the City’s
pension is in good shape. Mr. Taylor noted that there were some funds that were
not functioning as proficiently as they should, however and that they are being
monitored the way that they should. Mr. Taylor stated that there were a couple of
Veterans Day celebrations that he attended and that he attended the Homecoming
celebration parade for Delaware State University. Mr. Taylor noted that it was
excellent, excellent.
Mr. Taylor stated the Downtown Dover Partnership Safety is still trying to figure
out a better way to keep Dover safe downtown. Mr. Taylor stated that it does not
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 12
always include enforcement but that a lot of times compliance is what they are
seeking. Mr. Taylor asked, “how can they do things better without trying to put
people in handcuffs all of the time?” Mr. Taylor thinks that there are so many ways
that they can go about this and that he looks forward to the opportunity to discuss
it with everyone a little bit later.
Mr. Taylor noted that the Downtown Dover Partnership and the Downtown
Development Board itself met as well. Mr. Taylor stated that he attended the
Economic Development meeting and that the Delaware Department of Natural
Resources and Environmental Control (DNREC) did a presentation regarding
reducing emissions and trying to find a better way of doing things. Mr. Taylor stated
that one of the things that they had talked about was the grant program, Energize
Delaware Empowerment Grant and that great opportunity can come our way when
it comes to these grant opportunities to pay for solar, and electric vehicles and to
pay for these areas that our constituents are in need. Mr. Taylor stated that he asked
the City Manager to please start pursuing this, and they are already on it and that
they are trying to utilize it to the best of the City’s abilities.
Mr. Taylor stated that there were a couple of other things that happened in that
meeting today. Mr. Taylor noted that for example, he did not know it, but there is
a 90% rebate for charging stations, and a 90% rebate for charging stations that are
built and used here. Mr. Taylor stated that they need to know exactly what direction
the city is trying to go in so that they can do things much more efficiently. Mr.
Taylor noted that in one of the conversations that had come up, they were talking
about how the State of Delaware is identifying the needs and they are identifying
the cost of how-to bring prices down, but availability was the thing that they
discussed as well. Mr. Taylor explained that they know from their lighting program
that it is great to have the need, it is great to have the cost and everything in order
but if they do not have the availability of the product, then they are spinning their
wheels. Mr. Taylor continued to explain that he asked them to make sure that the
supply chain was in order, make sure that they were able to get the things that they
need, and that they get them now versus buying them later before it is brought to
them.
Mr. Taylor stated that he will make a standing promise that every time they do this,
he will not come to the meeting with three pages of places that he has gone and not
one sentence about what they have done. Mr. Taylor noted that will not happen
anymore. Mr. Taylor stated that he believes that if they start putting their efforts
together, everyone is talking about where they have gone, and what they have done
and they tie it in together, then they can get where they are trying to be a whole lot
quicker. Mr. Taylor noted that it will help them formulate a real plan, a destination
that we can go to, and they can all be on the same page while getting there.
Mr. Hare stated that he is just concerned with the second district. Mr. Hare
continued to state that he had a few constituents complain and then he reached out
to the City Code Enforcement office and to Ms. Duca. Mr. Hare explained that as
usual, they were right on top of it, and they were taken care of. Mr. Hare noted that
they were still dealing with the one request with Ms. Duca, who is working with
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 13
the Department of Transportation to widen the entrance to a business off New
Burton Road.
Mr. Hare stated today they had Coffee with the Police in the second district at
Starbucks and that he was there with the police. Mr. Hare stated on December 10,
2022, the Police are having a neighborhood community event with a petting zoo
and some different things that the police are setting up. Mr. Hare noted that
everything was free, free food, free everything for anybody that attends.
Third District
Mr. Neil stated that he attended Dover Downtown Partnership and tourism
meetings as he serves as a liaison to those boards as well. Mr. Neil stated that he
also attended the Wild Meadows Homeowner’s Association meeting where Chief
Johnson was the guest speaker at the request of the association. Mr. Neil noted that
by the time he was finished he had a lot of senior ladies who were swooning and
mooning over his presentation. Mr. Neil stated that Chief Johnson was terrific and
that he will be getting a thank-you note. Mr. Neil continued to state that he also
attended Economic Development prior to this last one that Mr. Taylor just reported
on. Mr. Neil stated that he and Ms. Arndt sent out alerts on several items including
the State Street repairs and the Gift of Lights. Mr. Neil stated that those alerts go to
civic leaders, and HOA leaders in the third district so that they can spread them out
to their individual people throughout their communities.
Mr. Neil stated that they also handled several communities and individual
complaints by constituents who are still dealing with a six-way traffic situation at
Governors, Ross, and Bradford, which is a traffic problem that involves DelDOT.
Mr. Neil noted that Representative Lynn has graciously agreed to fund this project.
Mr. Neil stated that he will make sure that Councilman At-Large and
Councilwoman Arndt, are informed, and the same thing to additional problems
dealing with housing. Mr. Neil stated that housing handled by, that is rental
housing, and has been causing problems and serving as cancer in the neighborhood.
Ms. Arndt stated that she attended a meeting with department leadership, most of
whom are in the audience this evening. Ms. Arndt explained that they met the prior
week to discuss the Meeting House Branch Drainage Improvement Project, and
kind of the status timeline moving forward. Ms. Arndt stated that they have a great
team in Dover, they are certainly on top of it, and that she is hoping that they will
come to a committee meeting in the future to give Council a briefing on where they
stand on that project.
Ms. Arndt stated that she was also able to attend the 18th Century Market Fair, a
couple of weeks ago. Ms. Arndt noted that she loves that event and that it just keeps
getting bigger. Ms. Arndt stated that she thinks that event and Dover Days really
have showcased the history of our town. Ms. Arndt stated that coming up this week
Councilman Neil, herself, and several others have been invited to the Towne Point’s
HOA meeting.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 14
Fourth District
Mr. Anderson stated that Saturday there was a wonderful event in which he was
honored to participate and contribute with community enhancement funds towards
the annual Thanksgiving dinner, which helps a lot of people in need in the local
community, right downtown at Holy Trinity. Mr. Anderson stated that with the
neighborhood watch, there has been a lot of good feedback at the various
neighborhood watch meetings. Mr. Anderson noted that the people in the Kirkwood
Street, the North Division Street neighborhood watch are extremely happy about
the lower rates of crime which are 85% to 90% below what they used to be just a
few years ago.
Mr. Anderson stated that they are working to get grants for LED lights. Mr.
Anderson noted that he worked on some things with disorderly premises, which
helped with a couple of problem areas. Mr. Anderson stated that the community
policing elements have been completely invaluable. Mr. Anderson continued to
state that thanks to the neighborhood watch, the light sound over strong, and the
Anti-Drug Task Force, at least nine drug houses were closed as well as a store that
was operating as a paraphernalia distribution point and worse. Now it is reopened
and is a positive element in the community. There were a lot of items and moving
parts that went into that building the whole community, including everything from
the Community Garden all the way through. Mr. Anderson noted that we need to
think about that as we discuss moving forward, looking at everything from lighting
to policing, the involvement, et cetera.
Mr. Anderson stated that housing is a part of that, as home ownership, the
partnership with Habitat for Humanity, NeighborGood Partners, and getting more
people with a stake in all that was part of it. Mr. Anderson stated that they look at
the success they have had and build on that. Mr. Anderson stated that he had the
opportunity to go to the Hamlet Neighborhood Association, which was well
attended by a couple of dozen people in that neighborhood, and that they had many
discussions. Mr. Anderson noted that a lot of them were hyperlocal and that they
all work through and deal with some of them. Mr. Anderson stated that the people
there had discussions about understanding and that they were grateful for
discussions about understanding the electric rates. Mr. Anderson noted the people
were not upset about it, but they wanted to understand it because they are paying
more, and they need to know why. Mr. Anderson noted that there was a wonderful
discussion on that, and the people had a robust discussion.
Mr. Anderson stated that he and Councilman Taylor received an invitation to
forward to the City staff to give a free spot in the next Maryland Supplier, Diversity
event. Mr. Anderson stated that they had a couple of businesspeople including
committee member, Ms. Adams of the Economic Development Committee at the
previous one talking about how she had an easier time getting business in Maryland
and in other states. Mr. Anderson stated that is where she had major contracts and
had hardly any business with the government here in Delaware State, County, and
City. Mr. Anderson stated that people from Woodcrest, Hamlet, and Lincoln Park
would like us to have discussions about how to design our roads to reduce speeding
in the neighborhoods.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 15
Mr. Sudler stated that he received a concern/complaint regarding, Fulton Street
Alley from Mr. O'Brien regarding alleged possible illegal activity. Mr. Sudler
stated that it seems that they need to look at that concern which Councilman
Anderson, the Mayor, and he himself had in the past.
Mr. Sudler stated that he also received a concern/complaint from Mr. Thomas
Armstrong, who is the owner of Tom's Bullpen. Mr. Sudler noted that there was a
shooting in the Hamlet Shopping Center, at the Pizzeria. Mr. Sudler stated that Mr.
Armstrong was concerned about the fact that his establishment was being somewhat
highlighted because the individual got shot and ran into his establishment, but the
incident did not take place there and he felt that that was sort of unfair.
Mr. Sudler stated that he spoke with the owner of La Hacienda, and he is still
concerned about the loitering and also the shooting incident that took place.
Mr. Sudler stated that the constituents are still somewhat asking, inquiring, and
anticipating when would electric rates be adjusted.
At- Large
Mr. Boggerty stated that he participated in a new program that is in our area called
Network Connect at Legislative Mall and that it is an enrichment program
attempting to provide resources to low to moderate-income households.
Mr. Boggerty stated that he attended the Trunk-Or-Treat at William Henry Middle
School as a Councilman. Mr. Boggerty said that it was fun, they ran out of candy,
and the line was forever long. Mr. Boggerty stated that he also attended in support
of one of our local businesses, Evans Funeral Home, which also had a Trunk-Or-
Treat. Mr. Boggerty explained that he was able to mingle with the kids and that he
did not run out of candy at that one, but that it was close.
Mr. Boggerty stated that he attended and participated in a district one community
meeting. Mr. Boggerty continued to state that Council members Rocha and
Pillsbury were excellent, well put together, very well moderated, and very
informative,
Mr. Boggerty stated that he was the MC for the NAACP Freedom Fund Banquet.
Mr. Boggerty noted that it was excellent and well-attended. Mr. Boggerty explained
that they awarded some community leaders and Councilman Rocha was also the
DJ, there spinning the tunes.
Mr. Boggerty stated that he attended the Village of Westover HOA meeting. Mr.
Boggerty said that they were resetting their HOA and that he was also able to speak
with them, although they were not impacted. Mr. Boggerty stated that he answered
a few questions about the redistricting and tried to answer a few questions that they
had but it was decently attended.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 16
Mr. Boggerty stated that he is chairing the committee for the Black Male Initiative
that is being hosted by the Delaware State Business School. Mr. Boggerty
continued to state that the goal of the program is to make sure that we encourage
black and brown men, young men who would not typically go to college to come
and consider. Mr. Boggerty stated that he would have benefited from a program
like this because he did not know about it and did not come from a background
where he knew about financial aid. Mr. Boggerty stated that he had a 2.17-grade
point average when he graduated high school because he was working late and
trying to go to school. Mr. Boggerty explained that this program wants to remove
the barriers and we know that education is one way to remove the barriers of some
of the things we are facing. Mr. Boggerty further explained that while it is a black
and brown initiative, all are invited to attend, and will be held on February 24, 2023.
Mr. Boggerty noted that they asked him to contact political leaders throughout the
state to come.
Mr. Boggerty met with the GVI and Larry Normile, at Delaware Technical and
Community College and toured the new Workforce Readiness Medical Program to
help some of the individuals that they are involved with and that are considering
utilizing that program. Mr. Boggerty noted that this is not a 4-year degree, great for
someone to learn a trade, and the cost is minimum. Mr. Boggerty stated that they
are already engaging one student in that program and that one student can make a
difference.
Mr. Boggerty stated that he attended the Black and Brown Leadership call that is
hosted by Lieutenant Governor Bethany Hall-Long monthly. Mr. Boggerty stated
that Black and brown leaders are throughout the state and open to everyone. Mr.
Boggerty noted that they talk about issues pertinent to the black and brown
community and while it is not completely going away, they talked about COVID
numbers and other stressors within the community.
Mr. Boggerty stated that he also participated in the Delaware State University
Homecoming. Mr. Boggerty continued to state that he is also working with an
ambassador for the Dover Downtown Partnership to develop new events to help
them develop new programs and new activities downtown to make downtown
attractive again.
Mr. Boggerty stated that Golf Suites is now wanting to look at Dover now. Mr.
Boggerty noted that he immediately started texting Mr. Hugg and that he thinks he
made an initial phone call, and that those conversations will be going on. Mr.
Boggerty explained that Golf Suites have laid out the parameters and hopefully they
can fit. Mr. Boggerty further explained that we meet most of the criteria and it is
just finding 10 acres of land in their location. Mr. Boggerty stated that they need to
be by a university, a military base, or by a highway.
Mr. Boggerty stated that he met with one of the representatives for Delaware
Prosperity Partnership and that they are developing a relationship to help the city
explore opportunities of what they can do to increase employment opportunities for
our citizens. Mr. Boggerty noted that this includes citizens in Dover, up and down
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 17
the state, to help establish a relationship with a transportation company for
individuals who want to go to Middletown and work but live in Dover. Mr.
Boggerty stated that there is a big plan for a chemical plant that is coming to the
Middletown area. Mr. Boggerty noted that the jobs are supposed to pay up in the
$60,000, to $70,000 range.
Mr. Boggerty stated that he spoke with the Delaware Interscholastic Athletic
Association (DIAA) President in support of one of Dover High’s football players
who is not being allowed to play. Mr. Boggerty stated that he is not being allowed
to play because he moved, and they did not know why he moved for a competitive
advantage, all this language but he spoke with the President in support of this young
man who is a senior and he was having a pretty good year. Mr. Boggerty explained
that he missed a few games, but they later cleared him to play so he hopes
everything works out for him.
Mr. Boggerty stated that he also spoke with a local landlord, to discuss the loitering
that was occurring on their property. Mr. Boggerty stated that he encouraged them
to act before the city acts. Mr. Boggerty stated that he has noticed there is kind of
an increase in individuals just kind of sitting on their property. Mr. Boggerty stated
that the landlord assured him that they are going to put whatever methods in place
to reduce the loitering on one piece of their property. Mr. Boggerty also encouraged
the landlord to get ring cameras, et cetera, and to work with Dover Police
Department to make sure just in case any events are happening there.
Mayor Christiansen
Mayor Christiansen reviewed Attachment #3 – Mayor’s Report
Responding to Mr. Taylor, Mayor Christiansen stated that he went to breakfast and
met with business owners from downtown and some businesses in the community.
Mayor Christiansen explained that they asked which direction they were going as
far as utility, energy issues that they have discussed, and other safety issues.
Responding to Mr. Taylor, Mayor Christiansen stated at the Chamber meeting that
he let them know they are making progress and encouraging businesses to come
downtown and that we are anxiously waiting for the Mosaic Report.
Responding to Mr. Taylor, Mayor Christiansen stated that there was not a plan
delivered at the Chamber of Commerce meeting to make things a little safer
downtown.
Presentation – The City of Dover Parks and Recreation Project Update (Robin
Eaton, Director of Parks and Recreation)
Mr. Robin Eaton, Director of Parks and Recreation reviewed the presentation of the
Dover Parks and Recreation Project Update.
Responding to Ms. Arndt, Mr. Eaton stated that regarding the 5 to 12-year-old
playground it is coloring of the surface.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 18
Responding to Mr. Sudler, Mr. Eaton stated that they have attended some rotary
meetings but the whole organization within the area has yet to get on board with
that. Mr. Eaton stated that he believes there are five and three of them are in support.
Mr. Eaton stated that they are currently not advertising for funding but that they
have received funds through grants.
Mr. Sudler stated that at the beginning of the process there were individuals who
wanted to donate to the park’s projects. Mr. Sudler and Mr. Anderson suggested
reviewing the past minutes and reaching out to different clubs and organizations.
Mr. Sudler stated that he thinks Mr. Eaton is doing an excellent job, and the whole
staff is doing an excellent job. Mr. Sudler noted that he has gone to Williams Park,
and it looked amazing when they had the two events. Mr. Sudler further noted that
Dover Park is looking amazing, upkeeping with sustainable strategies, and progress
is continuing. Mr. Sudler stated that he is very proud of the staff and that the work
that they put in years ago is reflecting what they did then, and today.
Mr. Taylor suggested Mr. Eaton reach out to the Biden School and the Grant
Assistance Program.
Responding to Ms. Arndt, Mr. Eaton stated that they looked at the cost analysis of
the actual roof structure and how it would be built for solar panels, as opposed to
without the solar panels, and then the amount of light that we would get in that
wooded area, and it just, it really was not cost-effective.
Responding to Mr. Tholstrup, Mr. Eaton stated that adding conduits at this point
would not be difficult for the charging station but that is a decision that needs to be
made by everyone.
Ms. Arndt stated that she thinks it is a good option to consider, DNREC parks had
done that and put chargers in the parks. Ms. Arndt explained that it draws people in
because they need a charge and then they will enjoy the resources.
Responding to Mr. Sudler, Mr. Eaton stated that the dog park is being done in-
house and would likely start in the spring.
Responding to Mr. Rocha, Mr. Eaton stated that WRA, Whitman, Requardt, and
Associates, the engineers on the project, are in the final stages of developing the
RFP paperwork for the skatepark. Mr. Eaton explained that they wanted to get the
Dover Park project behind them and then the skatepark shortly thereafter. Mr. Eaton
stated that it is his goal to have the projects concluded by end of 2023.
Silver Lake Dam – Annual Inspection Review (Jason Lyon, Director of Water
Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and
analysis regarding the Silver Lake Dam Annual Inspection.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 19
Staff recommended accepting the Silver Lake Dam 2022 Dam Safety Inspection
Report and the FY 2022 Silver Lake Dam Inspection and Update Memorandum.
Responding to Mr. Neil, Mr. Lyon stated that in May of 2022, they considered
inflation, but that they did not know if inflation is kind of out of control. Mr. Lyon
stated that as far as the budget, it will have to be reprogrammed into the budget for
future years, which will be presented as part of their budget packet through their
department.
Mr. Hare moved to recommend accepting the Silver Lake Dam 2022 Dam
Safety Inspection Report and the FY 2022 Silver Lake Dam Inspection and
Update Memorandum, as recommended by staff. The motion was seconded
by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
accept the Silver Lake Dam 2022 Dam Safety Inspection Report and the FY 2022 Silver Lake
Dam Inspection and Update Memorandum, seconded by Dr. Pillsbury and carried by a
unanimous roll call vote
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection, the meeting
adjourned at 7:51 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Increased Purchase Cost of Electric Trucks, by more than 15% (Paul Waddell,
Electric Director)
Mr. Paul Waddell, Electric Director review the background and analysis for the
increased purchase cost of the electric truck by more than 15 percent.
Staff recommended approving the additional cost of $75,707.76 to purchase the
Digger Truck Vehicle #775 utilizing the funds designated for the purchase of the
2013 F550 Vehicle #778 and pushing the purchase of Vehicle #778 to FY24.
Responding to Mr. Taylor, Mr. Waddell stated they are not happy with having to
spend more money but yes, he did run it by Ms. Peddicord, City Manager Hugg,
and Assistant City Manager Duca. Mr. Waddell stated that this is the problem and
gave them the secondary plan which was placed in the committee action form in
the packet.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 20
Mr. Hare moved to recommend approving the additional cost of $75,707.76 to
purchase the Digger Truck Vehicle #775 utilizing the funds designated for the
purchase of the 2013 F550 Vehicle #778 and pushing the purchase of Vehicle
#778 to FY24, as recommended by staff. The motion was seconded by Mr.
Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve the additional cost of $75,707.76 to purchase the Digger Truck Vehicle #775 utilizing
the funds designated for the purchase of the 2013 F550 Vehicle #778 and pushing the
purchase of Vehicle #778 to FY24, seconded by Dr. Pillsbury and carried by a unanimous
roll call vote
Update from the American Federation of State, County, and Municipal
Employees (AFSCME) on Membership Priorities (Kay Sass, President of
AFSCME Union)
Ms. Kay Sass presented a verbal presentation regarding an update from the
AFSCME Union (Attachment #4).
Mr. Sudler thanked Ms. Sass for acknowledging the leadership regarding all of us
on how they play a significant role as a team or city council, and the fact that they
do put our organizational citizens first and they do hear them. On behalf of himself
as Council President and all of Council, Mr. Sudler thanked Ms. Sass and noted the
hard work that the council puts forth, the strategies that they are putting forth to
boost morale, and everything. Mr. Sudler noted the Diversity, Equity, Inclusion,
faith, and just everything that they are doing in conjunction with the mayor’s
assistance as well, that this is a team and when one component of the team wins,
we all win.
Mr. Sudler thanked Ms. Sass for acknowledging and recognizing their initiative and
their part in the success of the team over.
Responding to Mr. Sudler, Ms. Sass stated there is no way she can truly emphasize
the importance of how everyone really feels about being heard. This is something
they have talked about probably a lot over the last year and a half or so, and on
behalf of AFSCME, she can say that. On behalf of a lot of other employees, she
can say that as well. Ms. Sass noted that it is not always easy to be an elected
official, but what it does come down to is when you have empathy and the desire,
it shows through. It may not always go in everyone's favor but knowing that they
are being heard sometimes is just as valuable.
Proposed Ordinance #2022-21 - Amending Article 3. District Regulations -
Section 20A. - Industrial Park manufacturing zone - Business and Technology
Center (IPM2)
Ms. Mary Ellen Gray, City Planner reviewed the background and analysis for the
Proposed Ordinance #2022-21.
Staff recommends approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 21
Responding to Mr. Neil, Mr. Hugg stated that this has not been an easy sell, it is a
beautiful park with somewhat limited access and a fair number of restrictions. Mr.
Hugg noted that in the marketplace today, they have talked to numerous potential
buyers, developers, whatever, with not the greatest success. Mr. Hugg stated that
20 years later, they had four uses in a park of 300 acres or so. Mr. Hugg further
explained that they had discussions with and have offered the sale of the park
through a broker to give the city more opportunities to contact people.
Mr. Hugg stated that they have one letter of intent, one contract for sale, and three
pending contracts for sale by virtue of using the broker. Mr. Hugg stated that they
still own the land and have not sold it yet, but that the city has contracts on some of
the lots because of both our own energy and the broker being out there and
aggressively talking to some people. Mr. Hugg stated that unfortunately, the interest
rate hike that the Federal Reserve has put on prevented the settlement of one of the
lots that they had a sale contract on. Mr. Hugg noted that it will probably come back
if the interest rates drop a little bit, but that they have another offer on the same lot.
Mr. Hugg stated that they concluded that they needed some professional guidance
and professional representation to make these transactions happen.
Mr. Neil stated that there is a free buffer and there is a solar park that is there, but
that would be his only concern, but he sees no problem whatsoever. Mr. Neil
explained that he needed the clarification of terms of what originally was offered
and the fact that now they are serving as a broker for it if they can put people in,
thank heavens because that means business for us, it means taxes for us, it means
an activity in that area that should have activity.
Responding to Mr. Anderson, Mr. Hugg stated that indoor recreation did not meet
the purpose and intent of a business and technology park and it is currently allowed
in other zoning districts.
Mr. Hare moved to recommend approving the Ordinance for the First
Reading on November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Shevock and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-21 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Ordinance #2022-22 Amending Chapter 102 Taxation (Tax Increment
Financing) (David S. Hugg, III, City Manager
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the Proposed Ordinance #2022-22.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 22
Staff recommended approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
Mr. Hare moved to recommend approving the Ordinance for the First
Reading at the November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Sudler and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-22 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Ordinance #2022-23 - Amending Chapter 2. Administration - Article IV.
Officers and Employees - Division 4. Controller/Treasurer
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the Proposed Ordinance #2022-23.
Staff recommended approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
Mr. Hare moved to recommend approving the Ordinance for the First
Reading at the November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Sudler and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-23 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV.
Officers and Employees - Division 5. City Clerk
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the Proposed Ordinance #2022-24.
Staff recommended approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
Mr. Rocha moved to recommend approving the Ordinance for the First
Reading at the November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Shevock and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-24 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 23
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection, the meeting
adjourned at 8:18 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection, the meeting adjourned at 8:19 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE #2022-22
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on December 12, 2022.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-22 Amending Chapter 2 – Administration-Article V - Finance
Mr. David S. Hugg, III, City Manager, stated that in 2017, the City Council requested that the
General Assembly amend the state code as it relates to Tax Increment Financing (TIF) to add
provisions that would allow the City of Dover and Kent County to use tax increment financing as
an alternative financing method for development and redevelopment. Mr. Hugg explained that it
was primarily for a project that had been proposed up near Dover Mall, but that the amendment
request was for the city, in general. The General Assembly enacted that ordinance amendment,
granted to Dover and Kent County the authority to implement tax increment financing.
Mr. Hugg explained that the Ordinance does two things. First, it confirms the city’s authority, as
granted by the General Assembly, creating the Dover Code related to tax increment financing
(TIF). Secondly, it sets forth, consistent with state law, the provisions or steps that the city has to
go through should they decide to use this funding mechanism for a development or redevelopment
initiative.
Responding to Council President Sudler, Mr. Hugg explained that Tax Increment Financing is a
method that allows the issuance of tax-exempt bonds by the local jurisdiction to support the
development or redevelopment of industrial, commercial, or residential areas. Mr. Hugg further
explained that the term tax increment means that the bonds are paid for from the proceeds of the
added revenue that comes because of the redevelopment. Mr. Hugg stated if the City has properties
that are worth $1 million, and they go through a redevelopment and enhancement initiative, then
they are worth $3 million then the tax on the $2 million increment is used to retire the bonds. Tax
increment financing bonds are not debts of the city. They do not attach to the credit of or assets of
the city, but they are a way to encourage particularly private development and private
redevelopment reinvestment. The bonds generally sell at a discount, and they are usually snapped
up by municipal or institutional holders of those kinds of financial documents.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 24
Responding to Mr. Taylor, Mr. Hugg explained that because they are not supported by the credit
or assets of the city, the city is not obligated to repay those bonds. The risk is on the
developer/redeveloper for money that is obligated to the bonds. If the bottom should drop out of
the finance market or something, that is their risk, their loss, and normal default procedures would
take place.
Responding to Mr. Neil, Mr. Hugg explained that this is an additional tool that can be used. There
are tax incentives and tax credits that are available. There are some other federal credits, and there
are opportunities for credits, but tax increment financing (TIF) is one more tool that could be used.
The other is what they call special district financing, like a business improvement district. This
could be used to support the financial investments for downtown redevelopment.
Responding to Mr. Sudler, Mr. Hugg explained that the closest thing that they had was the Business
Improvement Taxing District that existed downtown. It was taken off the books a couple of years
ago. Mr. Hugg noted that he is not sure that that specifically meets the definition of a special
district, but it is essentially the same mechanism. It is tied to an investment downtown that is
subject to a tax. Mr. Hugg stated that if he is not mistaken, those bonds do pledge the asset and the
credit of the city.
Responding to Mr. Sudler, Mr. Hugg explained that the business improvement district tax that the
city had on its books and imposed for several years was an additional tax on properties in the
designated area that was earmarked for reinvestment in the downtown. So properties downtown,
he believes, had a cent or two of additional property tax that was a dedicated earmarked revenue
to be used for downtown, not to go into the just general revenues of the city. There was a reasonable
amount of opposition to that tax over the years. It was reduced eventually to zero, and then if he
remembers that three years or so ago, it was stricken from the books. But that is another
mechanism, it is a tax on properties that benefit from the City's investment in streets or sidewalks
or street lighting or whatever. Kind of you benefit from our investment, and you have a share of
the cost.
Responding to Mr. Sudler’s question of whether a brick-and-mortar police station would qualify
for funding through this ordinance, Mr. Hugg stated that he did not think so, it would not be
something that would normally be financed with a tax increment bond because they are generally
aimed at private and non-profit client’s business activities. Mr. Hugg stated that the city could
issue a regular bond to pay for something of that nature if it chose to. Mr. Hugg continued to state
that he does not know whether a business improvement district or special district provision could
be used for a public purpose.
Responding to Mr. Sudler’s inquiry, Ms. Peddicord stated that she did not think a brick-and-mortar
police station would qualify for funding through tax increment financing.
Mr. Anderson explained that he wanted to make sure people out there understand that the tax
increment finance (TIF) is its own separate bill and apart from any discussion of special districts
and so what they are dealing with tonight will not raise taxes one penny. Mr. Anderson further
explained that if you buy a property that is worth half a million dollars, you are going to make it
worth 5 million dollars. Mr. Anderson noted that it provides where you can get financing based
upon the value added, the increment value added. Mr. Anderson stated that he just wanted to make
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 25
sure everybody knows that they are not raising taxes, his name is not on the tax increase, he
promises.
FIRST READING - PROPOSED ORDINANCE #2022-23
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on December 12, 2022.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-23 Amending Chapter 2 – Administration – Article IV. Officers
and Employees-Division 4. Controller Treasurer
Mr. David S. Hugg, III, City Manager, explained that Ordinance 2022-23 is updating the
municipal code to be consistent with the charter changes that were made by the General
Assembly. The provision that required the annual appointment of the Controller Treasurer
was deleted in the charter change, and this ordinance strikes the unnecessary language and
makes it consistent with the revised adopted charter.
FIRST READING - PROPOSED ORDINANCE #2022-24
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on December 12, 2022.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-24 Amending Chapter 2 – Administration – Article IV. Officers
and Employees-Division 5. City Clerk
Mr. David S. Hugg, III, City Manager, explained that this is another housekeeping
ordinance. Mr. Hugg further explained that the charter amendments that were adopted by
the General Assembly were changes to the language in various sections. There had been a
requirement in the previous charter and in the city code that the City Clerk be reappointed
every year. That language was stricken from the newly adopted city charter. This
Ordinance removes it from the City Code to make them consistent.
ELECTION OF OFFICERS – ROBBINS HOSE COMPANY – YEAR 2023 FIRE LINE
OFFICERS
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday
of November. Members were provided the results from the November 7, 2022, Robbins Hose
Company Election for consideration as follows:
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 26
Fire Chief - David Carey
Deputy Fire Chief - Sean Christiansen
First Assistant Chief - Sierra Brown
Second Assistant Chief - Brian Bashista
Third Assistant Chief - James Iannucci
Fourth Assistant Chief - Jason Boc
First Fire Line Captain - Chad Knotts
Second Fire Line Captain - Troy Christiansen
By consent agenda, Mr. Neil moved for acceptance of the Fire Line Officers for
Robbins Hose Company No. 1 for the Year 2023, as submitted. The motion
was seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE #2022-21 AMENDING APPENDIX B -
ZONING
Council President Sudler reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City’s website at ww.cityofdover.com under
“Government,” or by contacting the City Clerk’s Office at 302-736-7008 or
cityclerk@dover.de.us. Since the ordinance amends the Zoning Code, a public hearing is required.
It is recommended for referral of the amendments to the Planning Commission on December 19,
2022, and that a public hearing be set for the Council Meeting of January 9, 2023, at 6:30 p.m., at
which time final action by Council will take place.
Mr. Anderson introduced an amendment to proposed ordinance #2022-21, adding A.20.19
Indoor recreation and amusement establishments, added after line 60.
Mr. Anderson moved to refer the request as amended to the Planning Commission on
December 19, 2022, and to set a public hearing for January 9, 2023, at 6:30 p.m. The
motion was seconded by Mr. Taylor and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
Proposed Ordinance #2022-21 Amending Article 3 – District Regulations, Section 20A -
Industrial Park Manufacturing Zone – Business and Technology Center (IPM2)
FINAL READING - PROPOSED ORDINANCE #2022-10
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on
November 14, 2022. Council President Sudler reminded members of the public that copies of
the proposed ordinance were available at the entrance of the Council Chambers or on the City’s
website at www.cityofdover.com under “Government.”
Mr. Hare moved that the Final Reading of the proposed Ordinance be acknowledged by
title only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting of November 14, 2022.)
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 27
By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted
Ordinance #2022-10, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 22 – Buildings and Building and Regulations, Article VII – Property Maintenance
Code be amended to read as follows:
CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII. – PROPERTY MAINTENANCE CODE
Section 22-226 Violations and penalties
(a) Any person, firm, or corporation who violates any provision of this article shall be
penalized by a fine as provided for in Appendix F—Fees and Fines.
(b) Unpaid fees and fines are to be placed on the municipal lien docket by the city against
the property on which the violation occurred.
That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by
inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as
follows:
APPENDIX F – FEES AND FINES
Chapter 22. Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article III. Building Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-61. Adopted (International Building Code)
Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day
granted with payment of a renewal fee extension
Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than
shall be deemed a separate offense $100.00 or more than
$10,000.00
Sec. 114.3. Unlawful continuance
First offense $100.00
Second offense $250.00
Third offense $500.00
Fourth and subsequent offenses No less than
$1,000.00 and no
more than $10,000.00
Sec. 22-65. Permit fees
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 28
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector. The building inspector may waive the
doubling of fees in cases where the building permit applicant is not a professional contractor,
and the work is not being done by a professional contractor.
Subsec. (a) Building permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiples
thereof up to
$10,000,000.00 of
costs, $6.00 for each
additional $1,000.00
of costs or multiple
thereof up to
$20,000,000.00, and
$5.00 for each
additional $1,000.00
of costs or multiple
thereof above
$20,000,000.00
Subsec. (a) Fence permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Sign permits $0.75 per square foot
of sign area;
minimum fee for
each permit $50.00
Subsec. (a) Swimming pool permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if
demolished for the purpose of vacating the land for future condemned and
development or construction upon the same required to be
demolished by the
city or any public
entity
Subsec. (a) Moving permits, each building $250.00
Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of
to doubling) plans
Subsec. (b) Reinspections (Not subject to doubling)
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 29
First reinspection $0.00
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Article IV. Electrical Installations
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-110. Violations Not less than $25.00
or more than
$1,000.00
Article V. Mechanical Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-145. Heating, air conditioning, and heat pump permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector.
Subsec. (a) Heating permit $40.00 first 10,000
BTUs and $7.00 each
additional 10,000
BTUs or multiple
thereof
Subsec. (a) Air conditioning permit $40.00 per ton for the
first five tons and
$7.00 per ton over
five tons or multiple
thereof
Subsec. (a) Heat pump permit $40.00 first 10,000
BTUs and $7.00 for
each additional
10,000 BTUs or
multiple thereof or
$40.00 per ton for the
first five tons and
$7.00 per ton over
five tons or multiples
thereof
Article VI. Plumbing Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-185. Permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector. The building inspector may waive the
doubling of fees in cases where the building permit applicant is not a professional contractor,
and the work is not being done by a professional contractor.
Subsec. (a) Enumerated
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 30
Fixtures $35.00 first five
fixtures and $3.00 for
each additional
fixture
Garbage disposal and hot water heaters A minimum fee of
$35.00
Gas, water and sewer inspection underground $30.00 for first 150
feet and $0.75 for
each additional ten
feet or multiple
thereof
Article VII. Property Maintenance
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-226. Violations
Subsec. (a) Violations; penalties Not less than $25.00,
nor more than
$1,000.00
Article VIII. Leases
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-251. Unlawful leases
Subsec. (g) Violations; penalties
First offense $50.00
Each subsequent offense $100.00
Article IX. Lodging Houses
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-301. Generally
Subsec. (b) Expiration; fee
Annual permit fee $50.00 for the first
ten rooms and $5.00
for each additional
room.
Annual dormitory permit fee $50.00 for the first
ten rooms and $2.50
for each room
thereafter.
Subsec. (c) Failure to pay on due date A penalty fee in the
amount of ten percent
per month of the
amount of the license
fee until the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Article X. Rental Dwellings
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 31
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-332. Inspection required
Subsec. (b) Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $50.00
If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten
percent per month of the amount of the license fee until the same is paid.
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-351. Generally
Subsec. (a) Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $100.00
Single-family attached dwelling, each dwelling $80.00
Subsec. (b) Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $100.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $100.00
For each additional dwelling unit in excess of three $35.00
Condominium units and accessory apartments located within $35.00
structures principally used for owner occupancy, each
Subsec. (c) Late payment penalty A penalty fee in the
amount of ten percent
per month of the
amount of the license
fee until the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Sec. 22-360. Enforcement, Fees and Penalties, Reporting
Subsec. (a) Short term rental license $100.00 annually,
prorated for partial
year
Subsec. (b) Failure to register and obtain a license $100.00 (not
prorated) in addition
to license
Subsec. (c) Penalties for violations $100.00 per offense
Article XI. Dangerous Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-386. Violations; penalties for disregarding notices or orders
Subsec. (a) Violations by owner, each offense, minimum $100.00
Subsec. (b) Violations by occupant or lessee, each offense, $100.00
minimum
Subsec. (c) Removal of notice, each offense, not to exceed $100.00
Article XII. Vacant Buildings
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 32
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings <10,000 SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than two years $750.00
Buildings vacant for more than two years but less than three $1,500.00
years
Buildings vacant for more than three years but less than five $3,000.00
years
Buildings vacant for five years or longer $5,000.00
BE IF FURTHER ORDAINED:
That Chapter 46 – Fire Prevention and Protection, Article I, In General, Section 46-1 Means of
egress be amended by inserting the text indicated in bold, blue font and deleting the text
indicated in red strikeout as follows:
CHAPTER 46 FIRE PREVENTION AND PROTECTION
ARTICLE I – IN GENERAL
Section 46-1 Means of Egress
(c) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked
exit door, if found to be in violation of this section, a summons shall be issued as
provided for in Appendix F – Fees and Fines. Any required exit door found to be
locked against egress shall be in violation of this section and a summons shall be issued
for each locked exit as provided for in Appendix F – Fees and Fines. Unpaid fees and
fines are to be placed on the municipal lien docket by the city against the property on
which the violation occurred.
ARTICLE V – FIRE LANES
Section 46-202 Violations
(c) Failure to mark. Property owners of existing buildings who do not have their fire
lanes marked within 45 days of being notified by the fire marshal, shall be in violation
of this article. Any property owner found to be in violation of [this sub]section 46-
202(d) shall be issued a summons as provided for in Appendix F – Fees and Fines.
Unpaid fees and fines are to be placed on the municipal lien docket by the city against
the property on which the violation occurred.
That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be
amended by inserting the text indicated in bold, blue font and deleting the text indicated in red
strikeout as follows:
APPENDIX F – FEES AND FINES
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 33
Chapter 46. Fire Prevention and Protection
Chapter 46. Fire Prevention and Protection Fees and Fines
Article I. In General
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 46-1. Means of egress
Subsec. (f) Penalties
Any exit access, exit, or exit discharge, with the exception of a $100.00 first offense
locked exit door, found to be in violation of this section $200.00 second or
subsequent offense
Any required exit door found to be locked against egress $100.00 each locked
exit first offense,
$200.00 subsequent
offense
Sec. 46-3. Impairment of fire protection equipment
Subsec. (f) Fines $100.00 per device,
first offense; $200.00
per device, second
and subsequent
offenses
Sec. 46-7. Preventable and malfunctioning alarms to the fire
company
Subsec. (a)(1) Responsibility for malfunctioning and preventable Should the person
alarms, owner response, and corrective action; generally notified fail to appear
at said premises
within 30 minutes
after being notified to
do so, the city may
charge the owner of
the premises a fine of
$100.00
Subsec. (a)(2) Responsibility for malfunctioning and preventable Failure to return
alarms, owner response, and corrective action; malfunction documentation of
service/repair within
the period of time
stated on the notice
of violation, which is
satisfactory to the fire
marshal, will result in
assessment against
the owner of a fine of
$100.00 for the fire
alarm malfunction
Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or
preventable alarms; amount of fine
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 34
Number of preventable or malfunctioning fire alarms Fine per preventable
or malfunctioning
fire alarm
Third alarm $100.00
Fourth alarm $200.00
Fifth alarm $250.00
All over fifth alarm, each alarm $250.00
Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions or A $50.00 fine may be
preventable alarms; panel reset assessed to the owner
of a premises where
the fire alarm has
been reset before the
fire department or
assisting fire
department arrives.
$100.00 for second
and subsequent
offenses
Sec. 46-8. Maintaining a known violation or hazard
Subsec. (c)(1) Penalties; Any fines issued for violation of this Not less than $25.00,
section nor more than
$1,000.00
Article II. Fire Department
Sec. 46-44 Failure to answer alarms, orders and perform duties Fine of not less than
orderly; Penalties $25.00, nor more
than $1,000.00 or by
suspension from the
fire department or
both
Article III. Fire Codes
Fees established in subsection (b) of this section shall be doubled in the event that a permit is
applied for after construction has commenced without the permission of the fire marshal. The
fire marshal shall waive the doubling of fees in cases where the permit applicant is not a
professional contractor and the work is not being done by a professional contractor.
Sec. 46-126. Fire prevention permit
Subsec. (b) Fee; each applicant $25.00 for each
$1,000.00 of costs or
multiple thereof of
the fire protection
system; provided that
a minimum fee for
each permit shall be
$150.00
Subsec. (c) Reinspection
First reinspection No charge
Second reinspection $100.00
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 35
Third reinspection $200.00
Any subsequent reinspection $250.00
Subsec. (d) Fire signaling system inspection fee
Certificate of inspection $25.00 each fire
alarm system
Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire
less buildings per complex alarm system
Exception: Apartment or other multifamily dwelling—More than $15.00 each fire
five buildings per complex alarm system up to a
maximum of 20
buildings. Maximum
fee per complex not
to exceed $300.00 for
fire alarm systems
Subsec. (e) Fire suppression system inspection fee
Certificate of inspection $25.00 each fire
suppression system
Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire
less buildings per complex suppression system
Exception: Apartment or other multifamily dwelling—More than $15.00 each fire
five buildings per complex suppression system
up to a maximum of
20 buildings.
Maximum fee per
complex not to
exceed $300.00 for
fire suppression
systems
Sec. 46-127 Smoke detection devices
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Subsec. (g) Violations; penalties Revocation of any
existing license to do
business in the city,
or a fine of not more
than $150.00 per
violation, or both
such penalties
Article IV. Public Occupancies
Sec. 46-164. Fees
Assembly No charge for an
occupant load less
than 75; $100.00 for
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 36
an occupant load of
75 or greater
Assembly—Fixed Seating $100.00 for first 200
seats and $10.00 each
additional 50 seats
Educational $100.00
Day Care $50.00 for Day Cares
as defined by
Appendix B -
Zoning, Article 5,
Sections 14.22, 14.23
and 22.1; $100.00 for
other day cares
Health Care $100.00 first 25
rooms and $5.00 for
each additional room
Ambulatory Health Care $100.00
Residential $100.00 per building
Residential Board and Care $100.00
Mercantile over 10,000 sq. ft. $100.00
Business over 10,000 sq. ft. $100.00
Industrial $100.00
Storage over 10,000 sq. ft. $100.00
Assembly special provisions 1 $25.00
Assembly special provisions 2 $100.00
Sec. 46-168. Reinspection fee
Subsec. (a) Amount $25.00 for any
repeated violation
cited by the fire
marshal, determined
to be a violation and
which requires a
follow up inspection
to confirm the
correction of the
violation
Subsec. (b) Fee attached A fee may be
attached to any
summons written for
any violation found
to be uncorrected
upon reinspection
Article V. Fire Lanes
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 37
Sec. 46-202. Violations; penalties
Subsec. (c) Other obstructions Any property owner
or tenant found to be
in violation; $50.00
Subsec. (d) Failure to mark Any property owner
found to be in
violation; $50.00
Sec. 46-205. Responsibility of owner or tenant Any property owner
found to be in
violation; $50.00
ADOPTED: November 28, 2022
FINAL READING - PROPOSED ORDINANCE #2022-14
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on
November 14, 2022. Council President Sudler reminded members of the public that copies of the
proposed ordinance were available at the entrance of the Council Chambers or on the City’s
website at www.cityofdover.com under “Government.”
Mr. Hare moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Rocha, and unanimously carried. (The First Reading of the proposed
ordinance was accomplished during the Council Meeting of November 14, 2022.)
By motion of Mr. Neil, seconded by Ms. Arndt, Council, by a unanimous roll call vote,
adopted Ordinance #2022-14, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings, be amended
to read as follows:
DIVISION 1. GENERALLY
Sec. 22-331. Purpose; applicability; definitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety, and
welfare insofar as they are affected by the continued occupancy and maintenance of
dwellings operated for lease to the public. The health, safety, and welfare of the
occupants of the dwellings are of the utmost importance to the city, as is the general
community character in which these dwelling units are located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating
to rental dwellings. Where, in this article, different sections of this Code may specify
different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this subsection, except where the context clearly
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indicates a different meaning:
(1) Criminal activity is defined as any crime classified by applicable law as a (a)
felony, (b) Class A misdemeanor, or (c) any of the following offenses: any
drug offense defined by Title 16 of the Delaware Code, and the following
misdemeanors in addition to any Class A misdemeanor, as defined by Title 11
of the Delaware Code: § 601—Offensive touching, § 602—Menacing, § 628—
Vehicular assault 3, § 763—Sexual harassment, § 764—Indecent exposure, §
811—Criminal mischief, § 812—Graffiti, § 820—Trespassing, § 821/2/3—
Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106—
Unlawfully dealing with a child, § 1301—Disorderly conduct, § 1313—
Malicious interference with emergency communications, § 1315—Public
intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323—
Obstructing of public passage, § 1341—Lewdness, § 1342—Prostitution, §
1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous
weapon, § 1446—Unlawfully dealing with a switchblade knife.
(2) Dwelling unit means a single unit providing complete independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
(3) Liability insurance refers to an insurance product that provides an insured
party with protection against claims resulting from injuries and damage to
other people or property. Liability insurance policies cover any legal costs
and payouts an insured party is responsible for if they are found legally
liable.
(4) Multiple-family dwellings means dwelling units operated as a group and
located in the same building. This shall include apartments, rooming houses,
condominium dwelling units, and accessory apartments located within
structures principally used for owner occupancy.
(5) Property insurance means financial reimbursement to the owner or renter of
a structure and its contents in case there is damage or theft—and to a person
other than the owner or renter if that person is injured on the property.
(6) Rental dwelling means a dwelling unit that is leased for occupancy to a
person or persons in exchange for monetary payment or provision of goods
or services to the owner of the dwelling unit.
(7) Single-family dwellings means dwelling units operated singly and separated
from other units. In general, this definition shall apply to single-family
detached dwellings; mobile homes and manufactured homes; and attached
units, including duplexes and townhouses.
(d) Compliance required. No person shall operate, occupy or let to another for occupancy
any dwelling which is not in compliance with the International Property Maintenance
Code adopted in section 22-221 and all other applicable codes.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 39
(Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8-
2016)
Sec. 22-332. - Inspection required.
(a) The Code Enforcement office, in accordance with the procedures set forth in the
International Property Maintenance Code adopted in section 22-221, shall inspect
rental dwellings for compliance with the property maintenance code and all other
applicable codes to ensure compliance.
(b) An inspection is required prior to the issuance of any new rental dwelling permit.
(c) Following an inspection, the code enforcement office shall issue a letter and/or report
of any code violations and provide a timeline for compliance. There shall be no fee for
the first followup inspection. Each subsequent reinspection shall be subject to a fee as
provided for in Appendix F—Fees and Fines.
(Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009;
Ord. No. 2013-04, 4-8-2013)
Sec. 22-333. - Agent required.
(a) Property manager. Any owner of a rental dwelling, residing outside of the county,
shall be required to have a licensed property manager residing or having an office
located in the county. The property manager shall have charge, care, and control of the
rental dwelling, and shall provide access to the rental dwelling for inspection, upon
request by the code official, within a reasonable time.
(b) Corporate or partnership owners. Any corporation or partnership owning a rental
dwelling shall have a designated member, partner, or employee having charge, care,
and control of the rental dwelling. The designated member, partner, or employee shall
reside in or have an office located in the county. The property manager shall have
charge, care, and control of the rental dwelling, and shall provide access to the rental
dwelling for inspection, upon request by code official, within a reasonable time.
(Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013-
04, 4-8-2013)
Sec. 22-334 Insurance required
Any owner of a rental property shall have property insurance in sufficient amount to replace the
estimated value of the improvements on the property and provide protection for claims against the
property.
Proof of insurance coverage shall be provided upon application for a rental permit and upon each
annual renewal thereafter.
Secs. 22-335—22-350. Reserved.
DIVISION 2. - PERMIT
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 40
Sec. 22-351. - Generally.
(a) Single-family dwellings. It shall be unlawful for any person to operate any single-family
rental dwelling without obtaining a permit from the licensing division of the department
of planning and inspections to determine compliance with the appropriate provisions of
this article. The permit shall expire annually on January 31. The fee for the annual permit
shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental
dwelling permits issued after January 31st will be prorated from the date the permit is
issued until the next January 31st.
(b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple
dwelling without first obtaining an annual permit therefor from the licensing division of
the department of planning and inspections to determine compliance with the
appropriate provisions of this article. The permit shall expire annually on January 31,
and the fee for the annual permit shall be as provided for in Appendix F—Fees and
Fines. The permit fee for rental dwelling permits issued after January 31st will be
prorated from the date the permit is issued until the next January 31st.
(c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the
date due, then the permittee shall incur a penalty fee as provided for in Appendix F—
Fees and Fines until the same is paid.
(d) Reinstatement fee. An owner whose permit has been suspended in accordance
with section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees
and Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
date a notice thereof is mailed to the owner, then such fees shall be entered in the
municipal lien docket as a lien owing the city; and the same may be turned over to the
city solicitor for collection.
(f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any
new city utilities until the permit fee required in this section is paid in full and city
personnel shall refuse to provide sewage, water and electricity to the property until
satisfactory proof is furnished that such permit fee has been paid.
(Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-
2013)
Sec. 22-352. - Suspension.
(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold
the permit paid for, pursuant to this division, when:
(1) The building inspector determines that any dwelling or the premises
surrounding the dwelling fails to meet the requirements of this chapter.
Suspension shall last until the violations have been corrected to the satisfaction of the
building inspector, or the suspension shall have been reversed.
(b) Notice of violations. Upon suspending any permit under this section or withholding the
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 41
permit paid for, the building inspector shall notify the owner of the violations of the
applicable code and shall prescribe a period in which the violation shall be corrected.
(d) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure
is suspended by the building inspector pursuant to the procedures of this section, shall
have the right to appeal and notice as provided in section 22-225.
(e) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the
building inspector and upon the permittee serving the city clerk with a notice of appeal
pursuant to section 22-225, the permit suspension shall be stayed and an existing permit
shall remain in force until the appeal is decided.
(Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04,
4-8-2013)
Secs. 22-353—22-355. - Reserved.
DIVISION 3. - SHORT TERM RENTAL USE [5]
Footnotes:
--- (5) ---
Editor's note— Ord. No. , adopted January 11, 2021, renumbered div. 3 as div. 4.
Sec. 22-356. - Purpose; applicability; definitions; compliance.
(a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one
family dwellings (residences) in established areas of the city as an economic asset,
allowing for increased travel, visitation, and tourism and affording property owners of the
opportunity to earn revenue from such occupancy, while ensuring that such uses do not
become a nuisance, that neighborhood character is not compromised, and that such
businesses are properly operated and maintained. The purpose of this division shall be to
minimize public safety risks and public nuisances, such as noise, trash, and parking
problems; to ensure that traditional neighborhoods are not turned into tourist areas to the
detriment of long-term residents, and to ensure that individual dwellings are not turned
into pseudo hotels or party houses.
(b) Applicability. A short term rental use (STRU) shall be allowed in any one family dwelling
as defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance
wherever such are allowed by right and do not require a variance or conditional use
approval.
(b) Definitions. The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Good neighbor brochure means a document provided by the owner to the guest or guests
and containing: the name and telephone number for the owner; notification on standards
of behavior and occupancy relating to parking, noise, trash collection, waste disposal,
street maintenance, snow removal, and public safety services and including contact and
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web access information; and such other information as the city may from time to time
prescribe.
Guest or guests means the individual or individuals securing the short term rental use for
the purposes of staying overnight.
Owner means the person or persons holding legal or equitable title to the property being
offered as a short term rental use.
Short term rental use (STRU) means rental of all or a part of a residential one family
dwelling unit which is made available by agreement for a residential occupancy by a
tenant in exchange for compensation for a duration of a temporary occupancy of less than
30 days. Rentals of 30 days or more shall comply with the provisions of divisions 1 and 2
of this chapter. Lodging houses as defined in article IX, section 22-281 is not included as
short term rental uses under this division.
(d) Compliance. No person shall operate, offer for occupancy or let to another for occupancy
as a short term rental use any dwelling which is not in compliance with this article or any
other applicable codes.
(Ord. No. 2020-05, 1-11-2021)
Sec. 22-357. - Registration and inspection requirements; inspection required for life safety
and building purposes; short-term rental use license required.
(a) The owner of any dwelling proposed for a short term rental use must obtain an annual
short term rental use license.
(b) An inspection by the city code enforcement office shall be required to determine
compliance with property maintenance and all other applicable codes. Any items in non-
compliance shall be remedied before a license is granted. The inspection shall be required
the first time a license is issued and may be required at renewal at the discretion of the
code enforcement office. The rental license must be kept current during anytime the
dwelling is offered as a short term rental
(c) The license shall be valid for up to one year and must be renewed no later than January
31 of each year of continued operation.
(d) The short term rental use license must be clearly displayed inside the dwelling along with
any state licenses or permits.
(e) The short term rental use license may not be transferred to any party except heirs and
assigns and shall be void upon transfer of ownership of the property where the short term
rental use is located.
(Ord. No. 2020-05 , 1-11-2021)
Sec. 22-358. - Owner obligations.
An owner of a dwelling seeking to use a property as a short term rental use shall comply with the
following obligations:
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(1) The owner of the property being offered as a short term rental use must be a resident of
the city. Determination of residency shall be based on meeting city voting residency
eligibility. Such owner may offer for short term rental use only that property which is the
owner's primary residence.
(2) A property not owned by a resident of the city shall not be used as a short term rental
use. Such property shall not be used for overnight accommodations unless such property
qualifies as a bed and breakfast inn pursuant to Dover Code, Appendix B—
Zoning, Article 3—District Regulations.
(3) A good neighbor brochure must be provided in the dwelling listing city provisions as
required.
(Ord. No. 2020-05 , 1-11-2021)
Sec. 22-359. - Limitations on occupancy and use.
(a) The number of guests 12 years and older permitted at any time shall not exceed twice
the number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum
of 12 individual occupants of all ages at any one time regardless of the number of
bedrooms available.
(b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in
total; all parking shall comply with all requirements relating to street maintenance, fire
access, parking on paved surfaces, trash collection, obstacles to travel, or other
requirements. Violations shall be ticketed offenses.
(c) Signage identifying the short term rental use, if desired, shall be limited to one sign,
mounted on the dwelling, not illuminated, and not to exceed one square feet in size
overall. A sign permit must be obtained for any desired sign.
(d) Access to a full bath must be provided.
(e) Guests shall be prohibited from further subletting the dwelling.
(f) Weddings, graduation parties, corporate events, commercial functions, large gatherings,
or other special events associated with the STRU shall be prohibited unless a city special
event permit shall have been granted for a specific activity and date.
(g) The owner has the responsibility to not knowingly allow any illegal or criminal activity
on the property nor permit the guests to create a public nuisance including, but not
limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a
disorderly premise, generation of trash, or other behavior which unreasonably disturbs
the peace, safety and general welfare of the neighborhood as provided in this chapter
and pursuant to Chapter 70—Offenses and Miscellaneous Provisions, Section 70-8—
Disorderly Premises and Chapter 42—Environment, Section 42-2—Noise of the Dover
Code of Ordinances.
(Ord. No. 2020-05 , 1-11-2021)
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Sec. 22-360. - Enforcement, fees and penalties, reporting.
(a) Short term rental license. Payment of a short term rental use license fee as set forth in
Appendix F—Fees and Fines is required annually beginning January 31 of each year;
the fee will be prorated for a partial year.
(b) Failure to register and obtain a license. Penalties fines for failure to register and obtain
a license shall be as set forth in Appendix F—Fees and Fines.
(c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use,
shall be as set forth in Appendix F—Fees and Fines.
(d) A dwelling cited three times by the Code official or by any city department as a
nuisance or the location of illegal or criminal activity within any consecutive 12-month
period shall have its short term rental use license suspended for not less than the rest of
the license year or a longer period up to permanently.
(e) The owner shall voluntarily report to the city annually documenting the occupancy and
frequency of rentals obtained, such report to be completed by January 31 of the
following year as part of the license renewal and for the purposes of building a database
of STRU activity and economic impact, not for enforcement or tax purposes.
(Ord. No. 2020-05 , 1-11-2021)
Sec. 22-361. - Enforcement, notice and appeals.
Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and
Building Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous
Provisions of the Code of Ordinances.
(Ord. No. 2020-05 , 1-11-2021)
Secs. 22-362—22-380. - Reserved.
(Ord. No. 2013-04, 4-8-2013)
BE IT FURTHER ORDAINED:
That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by
inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as
follows:
APPENDIX F – FEES AND FINES
Chapter 22. Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article III. Building Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-61. Adopted (International Building Code)
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Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day
granted with payment of a renewal fee extension
Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than
shall be deemed a separate offense $100.00 or more
than $10,000.00
Sec. 114.3. Unlawful continuance
First offense $100.00
Second offense $250.00
Third offense $500.00
Fourth and subsequent offenses No less than
$1,000.00 and no
more than
$10,000.00
Sec. 22-65. Permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building inspector may
waive the doubling of fees in cases where the building permit applicant is not a professional
contractor, and the work is not being done by a professional contractor.
Subsec. (a) Building permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiples
thereof up to
$10,000,000.00 of
costs, $6.00 for each
additional $1,000.00
of costs or multiple
thereof up to
$20,000,000.00, and
$5.00 for each
additional $1,000.00
of costs or multiple
thereof above
$20,000,000.00
Subsec. (a) Fence permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Sign permits $0.75 per square foot
of sign area;
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 46
minimum fee for
each permit $50.00
Subsec. (a) Swimming pool permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if
demolished for the purpose of vacating the land for future condemned and
development or construction upon the same required to be
demolished by the
city or any public
entity
Subsec. (a) Moving permits, each building $250.00
Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of
to doubling) plans
Subsec. (b) Reinspections (Not subject to doubling)
First reinspection $0.00
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Article IV. Electrical Installations
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-110. Violations Not less than $25.00
or more than
$1,000.00
Article V. Mechanical Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-145. Heating, air conditioning, and heat pump permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector.
Subsec. (a) Heating permit $40.00 first 10,000
BTUs and $7.00 each
additional 10,000
BTUs or multiple
thereof
Subsec. (a) Air conditioning permit $40.00 per ton for
the first five tons and
$7.00 per ton over
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five tons or multiple
thereof
Subsec. (a) Heat pump permit $40.00 first 10,000
BTUs and $7.00 for
each additional
10,000 BTUs or
multiple thereof or
$40.00 per ton for
the first five tons and
$7.00 per ton over
five tons or multiples
thereof
Article VI. Plumbing Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-185. Permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building inspector may
waive the doubling of fees in cases where the building permit applicant is not a professional
contractor, and the work is not being done by a professional contractor.
Subsec. (a) Enumerated
Fixtures $35.00 first five
fixtures and $3.00 for
each additional
fixture
Garbage disposal and hot water heaters A minimum fee of
$35.00
Gas, water and sewer inspection underground $30.00 for first 150
feet and $0.75 for
each additional ten
feet or multiple
thereof
Article VIII. Leases
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
(1) Lien. Any fines or fees imposed that remain unpaid shall:
(a) Be added to the tax duplicate for the tax year said citation was issued by the city
and invoiced as part of the annual property tax bill for said property and collected as part
of the city property tax collection process, and
(b) Be placed by the city as specified in the municipal lien docket as a lien against
the property on which the violation occurred.
Sec. 22-251. Unlawful leases
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Subsec. (g) Violations; penalties
First offense $100.00
Each subsequent offense Not less than
$100.00 or more than
$1,000.00
Article IX. Lodging Houses
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
(1) Lien. Any fines or fees imposed that remain unpaid shall:
(a) Be added to the tax duplicate for the tax year said citation was issued by the city
and invoiced as part of the annual property tax bill for said property and collected as part
of the city property tax collection process, and
(b) Be placed by the city as specified in the municipal lien docket as a lien against
the property on which the violation occurred.
Sec. 22-301. Generally
Subsec. (b) Expiration; fee
Annual permit fee $100.00 for the first
ten rooms and
$10.00 for each
additional room.
Annual dormitory permit fee $100.00 for the first
ten rooms and
$10.00 for each room
thereafter.
Subsec. (c) Failure to pay on due date A penalty fee in the
amount of ten
percent per month of
the amount of the
license fee until the
same is paid.
Subsec. (d) Reinstatement fee $100.00
Article X. Rental Dwellings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-332. Inspection required
Subsec. (b) Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $100.00
If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten
percent per month of the amount of the license fee until the same is paid.
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 49
Sec. 22-334 Insurance Required
Subsec. (c) Violations; penalties Not less than $25.00,
nor more than
$1,000.00
Sec. 22-351. Generally
Subsec. (a) Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $200.00
Single-family attached dwelling, each dwelling $200.00
Subsec. (b) Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $200.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $200.00
For each additional dwelling unit in excess of three $50.00
Condominium units and accessory apartments located within $75.00
structures principally used for owner occupancy, each
Subsec. (c) Late payment penalty A penalty fee in the
amount of ten
percent per month of
the amount of the
license fee until the
same is paid.
Subsec. (d) Reinstatement fee $100.00
Sec. 22-360. Enforcement, Fees and Penalties, Reporting
Subsec. (a) Short term rental license $200.00 annually,
prorated for partial
year
Subsec. (b) Failure to register and obtain a license Not less than $100.00
or more than
$1,000.00 (not
prorated) in addition
to license
Subsec. (c) Penalties for violations Not less than
$100.00 or more
than
$1,000.00 per
offense
Article XI. Dangerous Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-386. Violations; penalties for disregarding notices or orders
Subsec. (a) Violations by owner, each offense, minimum $100.00
Subsec. (b) Violations by occupant or lessee, each offense, $100.00
minimum
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 50
Subsec. (c) Removal of notice, each offense, minimum $100.00
Article XII. Vacant Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings <10,000 SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than two years $750.00
Buildings vacant for more than two years but less than three $1,500.00
years
Buildings vacant for more than three years but less than five $3,000.00
years
Buildings vacant for five years or longer $5,000.00
ADOPTED: NOVEMBER 28, 2022
CITY MANAGER'S ANNOUNCEMENTS
Mr. David S. Hugg, III, City Manager, thanked Council for indulging staff with all of these
Ordinances that are suddenly coming to them. Mr. Hugg explained that his team has been looking
at many of the City of Dover Ordinances, trying to make them more effective, more flexible, and
more contemporary.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen thanked and congratulated the Interdenominational Ministers Association,
Habitat for Humanity, and the Dover Police Department for feeding hungry families less fortunate
over the Thanksgiving holiday. Mayor Christiansen announced an upcoming holiday event: The
Home for the Holiday celebration along with the Christmas tree lighting will be on December 1st,
at 5:30 PM, out in front of City Hall. Mayor Christiansen stated that there is going to be a Winter
Solstice Concert on December 2nd at 7:00 PM at the Schwartz Center. Mayor Christiansen stated
that the Concert is going to be performed by Delaware State University Band and Chorus, and that
should be a great event; the community is invited to that. Mayor Christiansen noted that on
December 9th at 6:30, will be the Dashing through Downtown Dover, the Electric Light Parade.
Mayor Christiansen reminded everyone about the gift of lights at the Woodlands at Dover
International Speedway.
Mayor Christiansen led members of Council in singing Happy Birthday to Councilman Neil.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Boggerty, At-Large Councilman, congratulated the Dover High Football team for completing
the heartfelt task of making it to the championship game. They will be facing the team a little bit
up north; we are not going to even mention their name here in our council. Mr. Boggerty stated
special kudos to my son, who is coaching with Dover High, but Coach Knap and the rest of the
coaching staff as well. Congratulations. Mr. Boggerty congratulated Dover’s own Delaware State
University women's volleyball team, who appeared on ESPN in a heartfelt battle. They were the
MEAC Conference Champions. The team will be heading to the NCAA tournament to face
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 51
Nebraska, a very tall task, but nonetheless, our own town and our own schools will be front and
center. Mr. Boggerty said congratulations to all those student-athletes in that endeavor.
Mr. Anderson, Fourth District Councilman, explained that most of the announcements have been
covered, but one that has not yet is the Winter Wonderland Delaware toy and coat giveaway, which
will be at the Dover Library on December 10th, from noon to 1:30 PM. Mr. Anderson stated that
he would like to encourage anyone who would like to participate to register by dialing 211 and
then option four. Mr. Anderson noted that residents should pre-register if they can and that there
are definitely places, that are part of the fourth district that have contributed towards that. Mr.
Anderson congratulated his colleague, Councilman Boggerty, and asked if this is his first piece of
legislation that was passed. Mr. Anderson asked if there is appropriate hazing or something that
goes with that.
Mr. Taylor, Second District Councilman, explained that he is accepting toys for Toys for Tots. Mr.
Taylor explained that if there were anyone who would like to contribute to such a fantastic
program, to please have their toys still in the packaging so that they can go forward with it at that
particular time. Mr. Taylor encourages all of their citizens to please come to the Safety Advisory
and Transportation Committee meeting tomorrow. Mr. Taylor noted that they are going to be
discussing the loitering ordinance and for residents to please come out to hear exactly what it is
and how it is to be implemented.
Mr. Rocha, First District Councilman, wished a happy birthday to his friend, Councilman Fred
Neil, and congratulated Councilman Andre Boggerty and his fiancé Carol on their upcoming
nuptials.
Council President Sudler wished everyone Happy Holidays and safe travels.
Meeting adjourned at 7:21 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of November 28, 2022 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
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