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CITY OF DOVER, DELAWARE
COUNCIL COMMITTEE OF THE WHOLE MEETING
Tuesday, September 24, 2024 at 6:00 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
Public comments are welcomed on any item and will be permitted at the appropriate time. When
possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you
wish to be recognized.
VIRTUAL MEETING NOTICE
This meeting will be held in City Hall Council Chambers with electronic access via
WebEx. Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/01xlt5
Event number: 2535 274 5630
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER
ADOPTION OF AGENDA
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
ADOPTION OF THE AGENDA
1. Debriefing/Post-Mortem on the Phish Music Festival (Kay Sass, Emergency Management
Coordinator, Jim Hosfelt, Dover Motor Speedway, and City of Dover Fire Marshal's
Office)
(Committee Action Not Required)
ADJOURNMENT OF THE SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
MEETING
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COUNCIL COMMITTEE OF THE WHOLE MEETING - September 24, 2024 PAGE 2
UTILITY COMMITTEE
ADOPTION OF THE AGENDA
1. Evaluation of Bids - Electric System Study (Paul Waddell, Electric Director)
(Staff Recommendation: Award to Kinectrics AES.)
ADJOURNMENT OF THE UTILITY COMMITTEE MEETING
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF THE AGENDA
1. Discussion - Recreational Marijuana Land Uses, Related Zoning Regulations, and Review
of the Marijuana Regulations Survey (David S. Hugg, III, City Manager and Ann Marie
Townshend, Rossi Group)
(Committee Action Not Required)
2. Sale and Disposition of Excess Real Property - 423 Collins Drive (David S. Hugg, III, City
Manager)
(Staff Recommendation: Approve sale/donation to Central Delaware Habitat for
Humanity.)
3. Sale and Disposition of Excess Real Property - Adjacent to 600 Forest Street - Parcel ID:
ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager)
(Staff Recommendation: Approve sale of surplus property to adjacent property owner.)
4. Discussion - Update on the State Pension (David S. Hugg, III, City Manager)
(Committee Action Not Required)
5. Sole Vendor Purchase Approval for the VirTra Training System
(Staff Recommendation: Approve the Sole Source Vendor Purchase for the VirTra
Training System)
ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING
ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 1.
Mondegreen Festival
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Item 1.
PHISH MONDEGREEN
Dover Motor Speedway along with AEG Presents
August 15-18, 2024 (Fans started loading in on
Wednesday the 14th)
Approximately + attendees for the weekend,
numbers varied 32,000 some due to one day ticket
sales
Meetings: started planning about 1 year out from
the event with various organizations
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Item 1.
Doing good..
Raising money for a
good cause!
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Item 1.
Provided jobs for the local economy
Box Office Attendants
Festival Staff
Production Runners
Credentials Staff
Hospitality Staff
Worked with an organization called Clean Vibes for
the Clean Vibes Green Team, to aid in keeping the
festival grounds clean and green.
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Item 1.
FARMER’S MARKET
Locally Sourced 7
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Item 1.
A peek into the grounds
• Various artists
• Replica of Baltimore’s City Hall stood 83 feet tall
and was made completely of cardboard and tape,
designed by a French artist Oliver Grossetete
• Each festival PHISH does has a “theme” tying a
message in with comedy as a surrealist.
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Item 1.
Organized Chaos
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Item 1.
Work with local, state, and federal authorities to ensure the
safest possible experience for our fans, staff, volunteers, and
artists. Uniformed and plain-clothed security are present
throughout the venue and are available 24/7 to respond and
assist with any safety or security needs.
Info put out in
advance to To ensure everyone’s safety, some of the security measures
you will notice upon your arrival include vehicle searches,
PHISH Fans bag checks, walk-through metal detectors for all staff and
attendees, and weapon and explosives dog sweeps.
If you see something, say something. If anything seems out of
place or suspicious, please notify the nearest security,
medical or general staff member.
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Item 1.
Participating • Dover Motor Speedway
• AEG Presents
• Kent County Haz Mat
• DIAC
Agencies • Dover Police
• DEMA (Incident Management Team)
• EMS
• Dover Fire
• Police (State, Smyrna, Cheswold,
• Dover Fire Marshal Clayton, Camden)
• Dover Emergency Management • Security Companies (4)
• Dept. Of Public Health
• Dover Planning, Licensing & Code
Enforcement • DNREC
• Dover Electric • CC TV
• Advantech
• Dover Water/Wastewater
• Kent County 911 Dispatch
• DelDOT • Kent County Paramedics
• Homeland Security • Bayhealth
• State Police EOD • Little Creek Fire
• FBI
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Item 1.
Behind the Scenes
“Build process” takes place approximately 2 months prior to the festival
Fire Marshal’s Office has weekly and almost daily communication the final weeks leading up to the event
A City of Dover Special Event Permit is submitted prior to the event
Staff from the Fire Marshal’s Office conduct a walk through of the entire festival on Monday and Tuesday prior to the gates opening for the public to ensure compliance
Electric Department confirms lighting along Persimmon
Water/wastewater proactively flushed ahead of the event
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• Michael Walker, the GIS Manager provided us with a layer to document all items handled
during the festival. Item 1.
• 155 points were plotted to include, but not be limited to:
• Burn Patients: 4 – taken to PA
• (1 Major, 3 Minor)
• Fires: 1
• (Minor Pump Burnt Up)
• Capacity/Occupant Load Discussions: 16
• Mobile Cooking Including Inspections: 41
Fire • Open Flame/Tents: 5
• Egress: 22
Marshal’s • Emergency/Exit Lights: 7
• City Electric Concerns and Poles near Power Lines: 3
Office • Unauthorized Structure and Furniture: 2
• EMR Contact: 1 (Golf Cart MVC)
• Fire Marshal Contact: 7
• Evacuation Due to Weather: 1
• Lot Designation: 33
• (Includes Lot 18 Reconfiguration and Dead Ends, Lot 2 Overnight Parking Issues,
Load In, and Locks for Gates)
• Documentation was provided for the following: stages/structures 3rd party inspection,
electrical inspections, certificate for flame retardant tents, amusement rides
certification and insurance, and public health certificates.
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Fire Item 1.
Marshal’s
Office
• Life Safety Concerns
direction of vehicles
parked, access to
roadways
• Maintain clearances to
ensure emergency
apparatus and
equipment can access.
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Item 1.
PHISH 2024
LAW ENFORCEMENT
DATA / SUMMARY 16
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Item 1.
Traffic Control / Hard Closures
Leipsic @ Plaza to Persimmon Tree La. / Cir. E Jefferic Blvd. from DuPont to Buckson
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Reportable Crime Data (mostly drugs) 18
Item 1.
+ 500 Grams Ketamine
+1000 Grams MDMA/Molly/E
+1200 Doses LSD (78 gms. liquid)
~ 3 Pounds Mushrooms / DMT
~ 2 Pounds Marijuana
+ 150 Tanks Nitrous Oxide
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Item 1.
What is it? 19
Ketamine: Typically used by medical professionals and veterinarians
for anesthesia and acute pain in surgical, operative and
emergency situations.
MDMA/Molly/E – Commonly known as Ecstasy. Produces an
energizing effect, distortions in time and perception, and enhanced
enjoyment of experiences.
LSD: A potent hallucinogen; available in saturated absorbent paper
Mushrooms/DMT: Produces short acting intense visual hallucinations
Nitrous Oxide: Known as laughing gas, leads to state of euphoria
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Item 1.
EMS
• Ambulnz (Our EMS Provider) put an ambulance on the
festival side to ensure that our constituents were being
EMERGENCY MEDICAL covered without delay
SERVICES
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Item 1.
Transported 19 patients to the Emergency Room
(Includes the burn victims)
EMS
DATA Dispatched 17 calls for overdoses
Kent County Dept of Public Health administered
Naloxone (Narcan) twice throughout the
festival, other entities did as well – we do not
have the final number of doses administered.
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Item 1.
FIRST AID and MEDICAL AVAILABLE ONSITE
Main Medical
(Temporary Medical
facility) owned by
FORTIS USA
Bayhealth:
Staffed with medical
professionals.
This aids in not
inundating the local
emergency room.
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Item 1.
• Special thanks to Jim Hosfelt of Dover
Motor Speedway and Kelly Ford, Katelyn
Looking Yount, and Molly Zidow of AEG Presents
for their outstanding working relationship
forward to with the City staff, particularly the Fire
Marshal’s Office. We look forward to
our next working with you in the future!
• FM Office logged 368 hours from
event Wednesday at 5am till Sunday at 6pm
(4 staff members, plus members of Code
Enforcement used to assist with load in
2025 on the first day)
• Thank you to all Dover divisions that
worked before, during and after making
this another successful event.
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Item 1.
Questions?
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Item 1.
COMMITTEE ACTION FORM
PROCEEDING: Council Committee of the Whole - Utility Committee
DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: Sept 9, 2024
PREPARED BY: Paul Waddell, Electric Director
SUBJECT: Evaluation of Bids – Electric System Study
REFERENCE: N/A
RELATED PROJECT: EE2505 – Electric System Study
REVIEWED BY: Davis S. Hugg, III, City Manager and Patricia Marney, Interim Controller / Treasurer
EXHIBITS: None
EXPENDITURE REQUIRED: $110,600 AMOUNT BUDGETED: $750,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Electric / Page 161 of City Budget
TIMETABLE: Award after Council Approval
RECOMMENDED ACTION: Staff recommends awarding to Kinectrics AES.
BACKGROUND AND ANALYSIS
This Committee Action Form (CAF) is to request the approval of the award of Request for Proposal (RFP) NO.:25-0003EL.
The Electric Department released an RFP from qualified, licensed firms, to conduct an electrical system study on various
aspects of the City’s electrical system. This will include recommendations for future capital projects, preparation for
electric vehicles (EV) and renewable penetration and modifications and upgrades of the current equipment and
configurations.
Bids were solicited and advertised according to the City policy by the City’s Contract and Procurement Manager under RFP
#25-0003EL. Direct solicitation was made to eleven (11) companies and advertised publicly and a total of three responses
were received and evaluated with one submission being disqualified for being received after the deadline. After evaluating
the three submissions and reviewing responses to reference requests, staff recommendation is to award the work to
Kinectrics AES.
Kinectrics AES Inc $110,600
Electric Power
$395,772
Engineers
LND Technical
$756,700
Services
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555 E. Loockerman Street, Suite 220
Dover, DE Item
199011.
443.330.5505
rossitg.com
Proven Experts | Smarter Solutions
Date: September 16, 2024
To: Dover City Council Committee of the Whole
Dave Hugg, City Manager, City of Dover
From: Ann Marie Townshend, Senior Project Manager
CC: Sharon Duca, Assistant City Manager, City of Dover
Dawn Melson-Williams, Principal Planner, City of Dover
Re: Dover Marijuana Ordinance Development
In preparation for discussion at the City Council Committee of the Whole (CCCW) meeting on September 24, 2024,
the materials included in the attached packet are intended to assist in the continued deliberation regarding whether
and where marijuana-related land uses will be permitted within the City of Dover. The purpose of this memorandum is
to clearly outline the packet materials, identify where CCCW needs to take action, and outline next steps required to
finalize and approve ordinances addressing marijuana-related land uses in Dover.
I. Overview of Included Packet Materials
The following documents have been developed as part of the ordinance development process. The PDF file is
bookmarked for ease of navigation.
1. Draft Ordinances – These draft ordinances are the same as those presented at the August 5th meeting. There
are four (4) total ordinances:
a. Zoning of retail marijuana stores,
b. Zoning of marijuana cultivation, manufacturing, and testing,
c. Business licensing of retail marijuana stores, and
d. Business licensing of cultivation, manufacturing, and testing.
2. Draft Ordinance Amendments
a. Draft Amendment #1 – Allowing up to one (1) retail marijuana store as a conditional use in C-2, and
b. Draft Amendment #2 – Allowing conversion of existing compassion center while exempting the
converted compassion center from proposed distancing requirements.
3. White Paper
4. Questions and Answers from discussion that occurred at the August 5, 2024 meeting
5. Summary of Survey Results
6. Presentation Slides
II. Decisions Needed
The principal decision needed from the CCCW is whether, where, and in what manner the Committee recommends
that marijuana-related land uses be permitted within the City of Dover. To facilitate this decision, the following questions
identify areas where direction is needed to prepare ordinances for first reading:
1. Should the City allow any or all of the marijuana-related land uses authorized under the Marijuana Control
Act?
a. Cultivation
b. Manufacturing
Diversity. Passion. Synergy. 28
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Dover Marijuana Ordinance Development Item 1.
September 16, 2024
c. Testing
d. Retail Stores
2. In what zones should the City allow each use?
a. As presented in draft ordinances
b. Draft Amendment #1 would ALSO allow retail marijuana stores as a conditional use in C-2
c. Other potential amendments
3. What additional conditions should the City impose?
a. Distancing from certain uses
i. K-12 Schools
ii. Daycare Centers
iii. Substance Rehabilitation Centers
iv. Colleges and Universities
v. Military Installations
vi. Residential Zones
b. If distancing is required, should language be included (Draft Amendment #2) to allow the existing
compassion center to convert to a retail marijuana store without being held to the distancing
requirements?
III. Next Steps
As discussed at the August 5, 2024, CCCW meeting, once the Committee releases a draft ordinance, Rossi staff will
work with the City Clerk’s Office and City Manager to prepare a set of ordinances for first reading. Business license
ordinances do not require a public hearing; they can be scheduled for final reading either at the next meeting, or
when the zoning ordinances are scheduled for final reading. At the first reading of the zoning-related ordinances, City
Council will schedule public hearing dates for Planning Commission and City Council.
If the Committee recommends the ordinances following discussion at the meeting on September 24, 2024, the
following schedule is anticipated:
First Reading on October 14, 2024
Public Hearing before Planning Commission on November 18, 2024 (zoning only)
Public Hearing before City Council and Final Reading on December 9, 2024
As a reminder, the moratorium on marijuana-related uses expires on December 31, 2024, unless extended. The
Office of the Marijuana Commissioner will begin to issue conversion licenses in October 2024, cultivation licenses in
November 2024, manufacturing licenses in December 2024, and retail and testing licenses in March 2025. If the City
does not have an ordinance in place to address marijuana-related uses, these uses would be permitted based on
their more general land use category (retail, agriculture, manufacturing, or laboratory).
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Item 1.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-25
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 3 – District Regulations, Section 16 – Highway Commercial
5 Zone (C-4) be amended by inserting the text indicated in bold, blue text as follows:
6
7 Section 16. Highway Commercial Zone (C-4).
8
9 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used,
10 and no building or part of a building shall be erected, which is arranged, intended, or designed to
11 be used, in whole or in part, for any purpose, except the following:
12
13 (q) Retail marijuana stores, subject to the requirements outlined in Article 5, Section 24.
14
15 BE IT FURTHER ORDAINED:
16
17 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
18 text indicated in bold, blue font as follows:
19
20 24.6 Where permitted in accordance with Article 3, retail marijuana stores are
21 subject to the following restrictions:
22
23 24.61 The building footprint upon which a retail marijuana store is to be
24 located shall be at least 500 feet away from any private or public K-12 school
25 or hospital and at least 250 feet away from any residential zone, and from the
26 lot line of any college or university.
27
28 24.62 The building footprint within which a retail marijuana store is to be
29 located shall be at least 1 mile away from the lot line of any other retail
30 marijuana store within the City of Dover.
31
32 24.63 An application for a certificate of occupancy shall be accompanied by a
33 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
34 State Code.
35
36 24.64 All building openings, entries, and windows shall be located, covered, or
37 screened in such a manner as to prevent a view into the interior from any public
38 or semipublic area.
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Item 1.
39
40 BE IT FURTHER ORDAINED:
41
42 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in
43 bold, blue font in proper alphabetical order as follows:
44
45 Article 12. – Definitions.
46
47 Retail marijuana store means an entity licensed by the State of Delaware to purchase
48 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana
49 products from marijuana product manufacturing facilities; and to sell marijuana and
50 marijuana products to consumers.
51
52
53 ADOPTED: *
54
55
56 SYNOPSIS
57 This ordinance amends Appendix B- Zoning of the Dover Code by adding the definition of retail
58 marijuana store, allowing retail marijuana stores to operate as permitted uses in certain zones, and
59 adding supplementary regulations, by which retail marijuana stores must abide.
60
61 (SPONSORS: ANDERSON and NEIL)
62
63
64 Action History
65 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and
66 Administration Committee
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Item 1.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-25
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 3 – District Regulations, Section 19 – Manufacturing Zone
5 (M) be amended by inserting the text indicated in bold, blue font as follows:
6
7 Section 19. – Manufacturing Zone (M).
8
9 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building
10 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any
11 purpose, except the following, and in accordance with performance standards procedure as set
12 forth in article 5, section 8 and subject to the site development plan approval as set forth in article
13 10, section 2:
14
15 19.17 Railroad yards, sidings, and storage facilities.
16
17 19.18 Marijuana cultivation facilities, marijuana manufacturing facilities, and
18 marijuana testing facilities subject to the requirements outlined in article 5,
19 section 24.
20
21 19.18 19.19 Accessory uses:
22
23 (a) On-site offices, clinics, food service facilities, recreation facilities and child day care
24 services collocated within the permitted use and limited to exclusive use by employees,
25 and such other accessory uses and structures clearly incidental to, and customary to and
26 associated with the permitted use.
27 (b) The following uses may be permitted as conditional uses if approved by the planning
28 commission in accordance with the provisions and procedures set forth in article 10,
29 section 1 and any specified requirements set forth below:
30
31 (1) Associated retail uses in conjunction with and accessory to a permitted use,
32 provided that the associated retail uses do not occupy more than 30 percent of
33 the gross floor area of the building or group of buildings on a lot. Parking shall
34 be provided at a rate of one parking space per 300 square feet of retail space for
35 the exclusive use of retail customers in addition to the bulk parking requirements
36 of this zoning district for a particular use.
37
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Item 1.
38 (2) Outside storage which is incidental to the primary uses on the lot, within a
39 completely enclosed and secure area appropriately screened from public view
40 and not in any required setback from property lines.
41
42 BE IT FURTHER ORDAINED:
43
44 That Appendix B – Zoning, Article 3 – District Regulations, Section 20 – Industrial Park
45 Manufacturing Zone (IPM) be amended by inserting the text indicated in bold, blue font as follows:
46
47 Section 20. – Industrial Park Manufacturing Zone (IPM).
48
49 20.1 Uses permitted. No building or premises shall be used and no building or part of a building
50 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any
51 purpose, except the following, and in accordance with performance standards procedure as set
52 forth in article 5, section 8, and subject to site development plan approval as set forth in article 10,
53 section 2:
54
55 20.19 Marijuana cultivation facilities, marijuana manufacturing facilities, and
56 marijuana testing facilities, subject to the requirements outlined in Article 5,
57 Section 24.
58
59 BE IT FURTHER ORDAINED:
60
61 That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A)
62 be amended by inserting the text indicated in bold, blue font as follows:
63
64 Section 23 - Agricultural Zone (A).
65
66 23.1 Uses Permitted. In an agricultural zone (A), no land or building shall be used and no building
67 or part of a building shall be erected or altered which is arranged, intended or designed to be used,
68 in whole or in part, for any uses except the following:
69
70 23.17 Marijuana cultivation facilities, subject to the requirements outlined in Article
71 5, Section 24.
72
73 BE IT FURTHER ORDAINED:
74
75 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
76 text indicated in bold, blue font as follows:
77
78 Section 24. Marijuana Related Businesses.
79
80 24.1 Purpose. The purpose of this section is to protect public health and safety by
81 applying standards under which marijuana related businesses may operate
82 within the City of Dover, Delaware.
83
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Item 1.
84 24.2 A compassion center is classified as retail use and is permitted in all commercial
85 zones where retail uses are permitted.
86
87 24.3 Where permitted in accordance with Article 3, marijuana cultivation facilities
88 are subject to the following restrictions:
89
90 24.31 The building footprint within which a marijuana cultivation facility is to
91 be located shall be at least 500 feet away from any residential zone, and any
92 private or public K-12 school, hospital, college or university.
93
94 24.32 All marijuana cultivation facilities shall install odor control technology,
95 as necessary, to control ventilation at the establishment in such a manner that
96 no odor from cannabis products can be detected outside the building on the
97 same property or on adjacent properties or in public rights-of-way, or within
98 any other unit located within the same building. The facility owner/operator
99 shall properly maintain all odor mitigation equipment to ensure maximum
100 efficiency. An application for a certificate of occupancy shall be accompanied
101 by a certification by a Professional Engineer, Certified Industrial Hygienist, or
102 other equivalently qualified professional that proposed odor control measures
103 will effectively eliminate outdoor odors associated with the cultivation of
104 marijuana.
105
106 24.33 An application for a certificate of occupancy shall be accompanied by a
107 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
108 State Code.
109
110 24.34 All building openings, entries and windows shall be located, covered or
111 screened in such a manner as to prevent a view into the interior from any public
112 or semipublic area.
113
114 24.35 The applicant is responsible for complying with the Code of Ordinances
115 of the City of Dover, Delaware including all provisions in Chapter 110, Article
116 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63.
117
118 24.36 The applicant is responsible for all costs associated with infrastructure
119 upgrades, alterations, changes, or extensions required to provide adequate
120 water, wastewater, and electric utility service.
121
122 24.4 Where permitted in accordance with Article 3, marijuana product
123 manufacturing facilities are subject to the following restrictions:
124
125 24.41 The building footprint within which a marijuana product manufacturing
126 facility is to be located shall be at least 500 feet away from any residential zone,
127 and from the lot line of any private or public K-12 school, hospital, college or
128 university.
129
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Item 1.
130 24.42 All marijuana product manufacturing facilities shall install odor control
131 technology, as necessary, to control ventilation at the establishment in such a
132 manner that no odor from cannabis products can be detected outside the
133 building on the same property or on adjacent properties or in public rights-of-
134 way, or within any other unit located within the same building. The facility
135 owner/operator shall properly maintain all odor mitigation equipment to
136 ensure maximum efficiency. An application for a certificate of occupancy shall
137 be accompanied by a certification by a Professional Engineer, Certified
138 Industrial Hygienist, or other equivalently qualified professional that proposed
139 odor control measures will effectively eliminate outdoor odors associated with
140 the manufacturing of marijuana.
141
142 24.43 An application for a certificate of occupancy shall be accompanied by a
143 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
144 State Code.
145
146 24.44 All building openings, entries, and windows shall be located, covered, or
147 screened in such a manner as to prevent a view into the interior from any public
148 or semipublic area.
149
150 24.45 The applicant is responsible for complying with the Code of Ordinances
151 of the City of Dover, Delaware including all provisions in Chapter 110, Article
152 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63.
153
154 24.46 The applicant is responsible for all costs associated with infrastructure
155 upgrades, alterations, changes, or extensions required to provide adequate
156 water, wastewater, and electric utility service.
157
158 24.5 Where permitted in accordance with Article 3, marijuana testing facilities are
159 subject to the following restrictions:
160 24.51 The building footprint upon which a marijuana testing facility is to be
161 located shall be at least 500 feet away from any residential zone, and from the
162 lot line of any private or public K-12 school or hospital.
163
164 24.52 An application for a certificate of occupancy shall be accompanied by a
165 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
166 State Code.
167
168 BE IT FURTHER ORDAINED:
169
170 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in
171 bold, blue font in proper alphabetical order as follows:
172
173 Article 12. – Definitions.
174
175 Compassion center means a not-for-profit entity registered pursuant to § 4914A of
35
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Item 1.
176 Title 16 of the Delaware State Code that acquires, possesses, cultivates, manufactures,
177 delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or
178 related supplies and educational materials to registered qualifying patients who have
179 designated the dispenser to cultivate marijuana for their medical use and the registered
180 designated caregivers of these patients.
181
182 Marijuana cultivation facility or cultivation facility means an entity licensed by the
183 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail
184 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana
185 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce
186 marijuana concentrates, tinctures, extracts, or other marijuana products.
187
188 Marijuana product manufacturing facility means an entity licensed by the State of
189 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products;
190 and sell marijuana and marijuana products to other marijuana product manufacturing
191 facilities and retail marijuana stores, but not to consumers.
192
193 Marijuana testing facility means an entity licensed by the State of Delaware to test
194 marijuana for potency and contaminants.
195
196
197 ADOPTED: *
198
199
200 SYNOPSIS
201 This ordinance amends Appendix B- Zoning of the Dover Code by adding definitions of
202 marijuana-related businesses (with the exception of retail stores), allowing these businesses to
203 operate as permitted uses in certain zones, and adding supplementary regulations, by which these
204 businesses must abide.
205
206 (SPONSORS: ANDERSON and NEIL)
207
208
209 Action History
210 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and
211 Administration Committee
36
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Item 1.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-24
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by
5 inserting the text indicated in bold, blue, italics in alphabetical order as follows:
6
7 Sec. 26-31. Definitions.
8
9 The following words, terms, and phrases, when used in this article, shall have the meanings
10 ascribed to them in this section, except where the context clearly indicates a different meaning:
11
12 Compassion center means a not-for-profit entity registered pursuant to §4914A of
13 Title 16 of the Delaware State Code that acquires, possesses, cultivates, manufactures,
14 delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or
15 related supplies and educational materials to registered qualifying patients who have
16 designated the dispenser to cultivate marijuana for their medical use and the registered
17 designated caregivers of these patients.
18
19 Retail marijuana store means an entity licensed by the State of Delaware to purchase
20 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana
21 products from marijuana product manufacturing facilities, and to sell marijuana and
22 marijuana products to consumers.
23
24 BE IT FURTHER ORDAINED:
25
26 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended
27 by inserting the text indicated in bold, blue font as follows:
28
Chapter 26. Businesses Fees and Fines
Article II. Licenses
Sec. 26-35. License required; fees
Subsec. (d)(3) Merchants/bottlers/retail marijuana $0.00046 of
stores/compassion centers rate aggregate gross
purchases for resale/
Minimum fee $64.00
29
30 ADOPTED: *
31
37
Page 38
Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 Item 1.
32 SYNOPSIS
33 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of
34 marijuana retail stores and compassion centers, and by adding marijuana retail store and
35 compassion center license types to Appendix F – Fees and Fines.
36
37 (SPONSORS: ANDERSON and NEIL)
38
39 Action History
38
Page 39
Item 1.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-24
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by
5 inserting the text indicated in bold, blue, italics in alphabetical order as follows:
6
7 Sec. 26-31. Definitions.
8
9 The following words, terms, and phrases, when used in this article, shall have the meanings
10 ascribed to them in this section, except where the context clearly indicates a different meaning:
11
12 Marijuana cultivation facility or cultivation facility means an entity licensed by the
13 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail
14 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana
15 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce
16 marijuana concentrates, tinctures, extracts, or other marijuana products.
17
18 Marijuana product manufacturing facility means an entity licensed by the State of
19 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products,
20 and sell marijuana and marijuana products to other marijuana product manufacturing
21 facilities and retail marijuana stores, but not to consumers.
22
23 Marijuana testing facility means an entity licensed by the State of Delaware to test
24 marijuana for potency and contaminants.
25
26
27 BE IT FURTHER ORDAINED:
28
29 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended
30 by inserting the text indicated in bold, blue font as follows:
31
Chapter 26. Businesses Fees and Fines
Article II. Licenses
Sec. 26-35. License required; fees
Subsec. (d)(2) Manufacturers/contractors/marijuana cultivation, $0.00046 of
product manufacturing, and testing facilities rate aggregate gross
receipts/
Minimum fee
39
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Item 1.
Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2
$128.00
32
33 ADOPTED: *
34
35 SYNOPSIS
36 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of
37 marijuana cultivation, product manufacturing, and testing facilities, and by adding these business
38 license types to Appendix F – Fees and Fines.
39
40 (SPONSORS: ANDERSON and NEIL)
41
42 Action History
40
Page 41
Item 1.
Retail Zoning Ordinance Amendments
Draft Amendment #1:
Zoning Ordinance Amendment adding “Retail marijuana stores” as permitted use in C-2
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 3 – District Regulations, Section 13 – Central commercial zone
(C-2) be amended by inserting the text indicated in bold, blue text as follows:
13.1 Conditional Uses. The following uses are permitted, condition upon the approval of the
planning commission in accordance with the procedures and subject to the general conditions set
forth in Article 10, section 1:
(b) Retail marijuana stores, subject to the requirements outlined in Article 5, Section 24.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
text indicated in bold, blue font as follows:
24.65 No more than one (1) retail marijuana store may operate in the central commercial
C-2 Zone.
41
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Item 1.
Retail Zoning Ordinance Amendments
Draft Amendment #2:
Zoning Ordinance Amendment Exempting Conversion Licenses from Distancing
Requirements
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
text indicated in bold, blue font as follows:
24.7 A Compassion Center licensed by the State of Delaware on or before January 1, 2024,
that obtains a conversion license under the State of Delaware Marijuana Regulations, must
comply with the requirements of Article 3 District Regulations, and shall be exempt from
distancing requirements detailed in Appendix B- Zoning, Article 5- Supplementary
Regulations, 24.61 and 24.62.
42
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Item 1.
Recreational Marijuana White Paper
Problem Statement
Recreational marijuana became legal in the state of Delaware on July 5, 2023, when The Delaware Marijuana
Control Act went into effect. This means that adults (ages 21+) may legally possess personal use quantities of
marijuana in Delaware. Adults may also legally consume marijuana on private property.
The Delaware Marijuana Control Act allows municipalities to regulate land uses relating to cultivation, manufacturing,
testing, and sale of marijuana within their jurisdiction through local ordinance. The City of Dover needs to determine a
path forward to best manage the presence of this industry through local zoning ordinance.
What can an ordinance accomplish?
CAN CANNOT
A municipal ordinance may prohibit the operation of A municipal ordinance may not prevent marijuana
marijuana establishments within their jurisdiction. establishments from opening outside of City limits in
Kent County or in unincorporated areas.
A municipal ordinance may regulate the time, place, or A municipal ordinance may not prevent adults from
manner in which marijuana establishments operate. legally purchasing recreational marijuana at a licensed
establishment, possessing marijuana within City limits,
or using marijuana within City limits on private property.
A municipal ordinance may not create a specific
marijuana licensing fee or tax, though they may collect
uniformly imposed fees and taxes.
Why is an ordinance needed?
The City Code does not currently define, zone land uses, or dictate regulations for marijuana related businesses. It is
important that the City of Dover pass an ordinance to provide the public, business owners, City staff, and the Office of
the Marijuana Commissioner (OMC) with clear guidance on whether, where, and under what conditions marijuana
establishments are permitted within City limits.
When is an ordinance needed?
The Office of the Marijuana Commissioner will begin to accept applications for recreational marijuana business
licenses on September 1, 2024. It is important for the City to have an ordinance in place soon, as licensees will begin
selecting business locations as early as November 2024.
Four license types will be issued based on the following schedule mandated by The Delaware Marijuana Control Act:
License Type License Description Date Licenses Number of
Begin Being Licenses
Issued Issued
Statewide
Marijuana Cultivation facilities will grow marijuana plants indoors, 11/1/2024 Up to 60
Cultivation prepare and package marijuana, and sell to cultivation or
Facility product manufacturing facilities. They are NOT open to
the public.
Updated September 9, 2024
Page 1 of 3 43
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Item 1.
Marijuana Manufacturing facilities will manufacture, prepare, and 12/1/2024 Up to 30
Product package marijuana products and sell to manufacturing
Manufacturing facilities or retail marijuana stores. They are NOT open to
the public.
Retail Marijuana Retail stores will purchase marijuana products from 3/1/2025 Up to 30
Store manufacturing facilities and sell to consumers. They ARE
open to the public.
Marijuana Testing facilities will test for potency and contaminants to 3/1/2025 Up to 5
Testing Facility ensure that products meet State safety standards. They
are NOT open to the public.
Ordinance Options
OPTION 1
Prohibit all recreational marijuana businesses within the City of Dover
PROS CONS
This is a straightforward policy to administer and Prohibition would not address common concerns
enforce. related to marijuana legalization such as odors,
possession or usage on private property.
Marijuana businesses may open in the County just
outside of Dover City limits or in enclave areas
surrounded by Dover.
Prevents the existing compassion center from
converting to a retail license at their current location.
OPTION 2
Allow marijuana related businesses to open as permitted use within certain zones in the City of Dover.
PROS CONS
This option gives the City control over elements of Lack of community consensus about where and if uses
these uses (i.e. time and place). should be allowed in Dover.
Retail establishments provide access to legal marijuana Retail marijuana establishments generally operate in
products that meet State safety standards. cash, making them potential targets for crime.
The public will have an opportunity to object to the Marijuana cultivation and manufacturing facilities may
issuance of a license near their property as there is a produce a strong odor and be large consumers of water
public notice process mandated by the State. and energy.
OPTION 2a
Allow marijuana related businesses only with additional restrictions to regulate the time, place, or manner
in which businesses operate.
PROS CONS
Distancing requirements could be utilized to prevent a Spatial evaluation will be needed to ensure that
marijuana facility from opening too close to other uses proposed facility locations meet distancing
such as K-12 Schools or residential zones. requirements in place.
Additionally, the City may: limit hours of operation, Extensive buffering requirements and zoning
require additional odor control technology, implement restrictions create administrative challenges for staff
standards in terms of architectural design, signage, and and confusion among the public. Each additional
outdoor lighting, and require regular removal of litter requirement adds to the administrative burden of
and graffiti. executing the ordinance. For example, the City does
not maintain a comprehensive list of some types of
facilities, which makes applying buffers difficult.
Updated September 9, 2024
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Item 1.
Additional Considerations
The Office of the Marijuana Commissioner (OMC) is the agency responsible for regulating the recreational marijuana
industry in Delaware. The OMC has developed regulations for the recreational marijuana industry that address the
application and licensing process, specific facility requirements, staffing, safety and security, product tracking, health
standards, packaging and labeling requirements, advertising, product testing, taxation, policy enforcement, and more.
Regulations are finalized and in effect as of September 11, 2024. Meanwhile, information regarding the most recent
Proposed Marijuana Regulations is available here: Office of the Marijuana Commissioner (delaware.gov)
Q&A
Can existing compassion centers be ‘grandfathered in’ at their current location?
HB408 became effective on 7/17/2024. This bill creates a temporary conversion license for existing medical
marijuana compassion centers to operate for recreational marijuana purposes. The OMC will start the licensing
process in August. Businesses will be converted by 10/31/2024 with adult use sales beginning no sooner than April
2025.
The proposed ordinance would add the definition of a compassion center to City Code and allow compassion centers
as a permitted use in all zones. Adding a ‘grandfather’ clause to the ordinance COULD allow the existing compassion
center located on Route 13 in Dover to convert to a retail license at their existing location IF recreational marijuana
retail uses are permitted in the C-4 Highway Commercial Zone. To do this, language would be added to the proposed
ordinance that would exempt compassion centers operating prior to the passage of the Marijuana Control Act from
buffering requirements in converting to a marijuana retail store, provided that the facility is located in a zone that
allows marijuana retail stores.
Can existing shops that sell smoke, vape, and CBD products be ‘grandfathered in’ at their current location?
‘Grandfathering’ is typically used when a use was once permitted but is no longer permitted in a certain zone.
‘Grandfathering’ provisions allow for existing uses that operated legally prior to a change in code to continue
operation. In the case of compassion centers, while the use is different, it is similar to the marijuana retail store in that
the product is the same and that these compassion centers operate under a license issued by the State. This is not
the case for shops that sell smoke, vape, and CBD products.
Neither State nor City Code provides a definition of a shop selling smoke, vape, or CBD products, nor maintains a list
of these facilities. These establishments are currently treated as retail use within the City’s Zoning Ordinance. This
means that there is not an easy way to differentiate between shops selling smoke, vape, and CBD products and any
other retail use (i.e. a gas station that sells cigarettes), making it difficult to draft code language to grandfather these
uses. Shops that sell vape, smoke, and CBD products are markedly different uses from marijuana retail stores as
defined by the Marijuana Control Act, which further complicates efforts to ‘grandfather’ these facilities. Additionally,
there are several shops selling smoke, vape, and CBD products throughout commercial zones in Dover, potentially in
areas where marijuana retail uses would not be permitted in whatever ordinance is approved by City Council.
Updated September 9, 2024
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Item 1.
Marijuana Ordinance Q&A
Compassion Centers & Conversion Licenses
What is a compassion center?
Delaware’s Medical Marijuana Act created the state’s Medical Marijuana Program, which has been operated by the
Office of Medical Marijuana within Delaware Health and Social Services (DHSS) Division of Public Health. Under
State code, municipalities may regulate but may not prohibit compassion centers from operating within their
jurisdiction.
Title 16 § 4902A of the Delaware Code defines a Registered Compassion Center as a “not-for-profit entity registered
pursuant to §4914A of this title that acquires, possesses, cultivates, manufactures, delivers, transfers, transports,
sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered
qualifying patients who have designated the dispenser to cultivate marijuana for their medical use and the registered
designated caregivers of these patients.”
The Delaware Marijuana Control Act created a new recreational marijuana program to be operated by the Office of
the Marijuana Commissioner within the Department of Safety and Homeland Security (DSHS).
House Bill 425 became effective in July 2024. This bill moves the Office of Medical Marijuana from DHSS to the
Office of the Marijuana Commissioner within DSHS.
There are currently 12 open compassion centers in the state of Delaware, one of which is located within the City of
Dover on Jefferic Boulevard. Some compassion centers, such as Best Buds, operate as dispensaries that simply sell
medical marijuana products to medical cardholders. Others grow, manufacture, and sell medical marijuana.
What is a conversion license?
House Bill 408 became effective July 2024. This bill creates a conversion license for existing medical marijuana
compassion centers to operate for recreational marijuana purposes. The Office of the Marijuana Commissioner plans
to begin the conversion license process in early August and have all businesses converted before October 31st of this
year. Converted companies will be able to expand growing and manufacturing operations once the license is
awarded, though no adult use sales will occur prior to April of 2025, which is when the recreational marijuana retail
establishments will open.
Will conversion license holders retain not-for-profit status?
No. According to Delaware State Code, a Compassion Center must have not-for-profit status. When medical
companies convert to dual use, retaining not-for-profit status will no longer be a requirement, though license holders
will be required to certify that they will continue to support medical patients. With conversion, the recreational
marijuana retail stores will also sell medical marijuana to medical cardholders.
What will happen to compassion centers?
The Office of the Marijuana Commissioner expects the demand for medical marijuana compassion centers to decline
as recreational marijuana retail stores open. As such, they expect all medical locations to request conversion
licenses. If an existing compassion center is issued a conversion license by the state, but local code does not allow a
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Item 1.
recreational marijuana business to operate at the existing location, the business would have to relocate to utilize the
conversion license.
It is expected that medical marijuana cardholders will utilize recreational retailers. The advantage of having a medical
card is that these patients will not have to pay the tax levied on recreational marijuana, and those who are not eligible
to purchase recreational marijuana would still have access (i.e. a person under 21 years of age with medical need).
Water and Energy Consumption
How much water and energy does a marijuana cultivation facility utilize?
Water Use
Local Examples
After reaching out to existing operations in Delaware, which include both cultivation and manufacturing activities, we
learned that water use varies significantly depending on the cultivation method used. On the lower end, there is a
facility of about 10,000 SF that uses an amount of water comparable to 5-6 houses. There is another facility of
approximately 100,000 SF whose peak use was 75,000 gallons of water in a month.
Additional Research
Studies have found that cannabis requires significantly more water than other crops such as wheat, corn, soybeans.
A commonly referenced statistic on water usage within cannabis grow operations comes from a 2021 study from the
Journal of Cannabis Research, which found that on average, one cannabis plant needs 6 gallons of water per day
(Source: How much water does it take to grow cannabis? | Cannabis | Tucson Weekly)
The Cannabis Control Commission for the Commonwealth of Massachusetts provides information on Best
Management Practices for Water Usage. They note that water usage may differ between indoor marijuana cultivation
facilities depending on the plant cultivation method used. Additionally, water recycling systems may be used to clean
and filter used water back into irrigation, reducing the amount of freshwater input into the system. That said, medical
marijuana studies estimate that a 250 SF grow room would generally require 98 inches of water per year, or 40
gallons of water per day.
Dover Water System Analysis
The City of Dover Water and Wastewater Department completed an analysis to determine the sufficiency of the water
system to support marijuana cultivation in the IPM, M and A zones. Based upon the modeling, the system could
support the water demand associated with a 100,000-square-foot cultivation facility in most areas where the current
draft ordinance proposes allowing cultivation facilities. In some areas, an increase in the size of the water main might
be required to meet fire flow requirements. City staff ran the model using water demand at 108 Thousand gallons
(Tgal) per day and also at 75 Tgal per month. The higher number is based on industry research, and the lower
number is based on the actual water demand for a cultivation and manufacturing facility in Delaware. The modeling
identified several areas where the required fire flow could not be supported even with a water main upgrade.
Language could be added to the draft ordinance that specifies that off-site upgrades, including water main
replacement to support demand, would be the responsibility of the applicant.
For revenue projection, using the conservative estimate of the 75 Tgal per month demand for the Delaware example,
the water revenue would be approximately $275 per month or $3,300 annually.
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Item 1.
Electric Consumption
Local Example
After reaching out to existing operations in Delaware, which include both cultivation and manufacturing activities, we
learned that water use varies depending on the cultivation method used. There is a facility of about 10,000 SF whose
demand for electricity is roughly equal to 30 houses in the area. There is also a warehouse of approximately 100,000
SF whose monthly electric use peaked at 536,000 kWh in a month.
Newark: To address the variability in water and energy use, Newark ensured that their code allows them to deny
plans if they would exceed the capacity of existing utility infrastructure, with the option for the developer to pay for
necessary upgrades to move the project forward.
National Examples
Oregon: Within the state, cannabis cultivators are generally required to forecast their energy needs before beginning
operation and must also submit annual energy use reports.
Oak Creek, Colorado: This is a small town of about 1,000 people with public power. They have a one block
industrial area, which now houses a number of cannabis businesses including four grow operations. Their town
administrator said that the business brought a 26% increase in load, leading to $800,000 in revenues in 2016. They
were projecting $1 million in revenues the following year but invested $460,000 in electric system upgrades.
Upgrades were supported, in part, by annual licensing fees as well as plant investment fees collected from cannabis
businesses.
Boulder, Colorado: Requires commercial growers to pay $2.16 per kilowatt hour or use renewable energy systems
to reduce their loads. Source: Putting the ‘Green’ in Renewable Energy at Cannabis Grow Facilities: Pullman &
Comley (pullcom.com)
Additional Research
A 2018 report from the American Public Power Association notes that there is a need for more data regarding
marijuana cultivation and energy consumption. It is known that growing cannabis indoors requires the use of lighting,
venting, and air conditioning, which all require electricity. However, it has been a challenge for utilities to establish a
baseline energy consumption rate for this industry. Based on interviews with medical marijuana growers in California,
one utility came up with a rough standard:
A single 1,000-watt high density discharge light consumes 1,100 watts per four foot-by-four foot area. That
averages out to 68.8 watts per square foot. However, it is possible to use more energy efficient lighting
implements, such as LED’s.
The report also references a 2012 study by Evan Mills published in the journal Energy Policy, which found
that it takes about 13,000 kWh a year to operate a four-by-four-by-eight foot grow area.
An account manager from a Public Utility in Washington is quoted in the report comparing a cannabis grow
operation with the load profile of a data center or a hospital.
The National Conference of State Legislatures (NCSL) reported on average electricity consumption in Boulder
County Colorado in 2015.
The average electricity consumption of a 5,000-square-foot indoor marijuana cultivation facility was 41,808
kWh per month. By comparison, the average household in the county used about 630 kWh per month.
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Item 1.
Dover Electric System Analysis
The City of Dover Electric Department determined that based on a 100,000-square-foot cultivation facility, with an
electric demand of 5.36 kWh per square foot per month, the annual demand would be about 6.4 Megawatts. Such a
facility would be the fourth largest electric customer in Dover. The Department determined that the system could
support this demand. This hypothetical customer would pay approximately $462,500 for electricity in a year,
$100,000 - $150,000 of which would go to purchase of power.
How much water and energy does a marijuana manufacturing facility utilize?
There is very little available research on this subject. The bulk of literature addressing heavy water and energy
consumption in the marijuana industry focuses on cultivation. Manufacturing marijuana may be similar to other
manufacturing uses in terms of water and energy use. The demand for water and energy would vary depending on
the size of the facility and equipment and practices used.
Sustainable Practices
There are practices that can help cannabis grow facilities to reduce water and energy consumption. Solar power
generation, use of LED light bulbs, and drip water irrigation are some examples. Generally, water and energy
standards are handled at the state level. Most states where cannabis is legal, including Colorado, do not require
cultivation facilities to meet specific energy standards, though Illinois and Massachusetts do. The Office of the
Marijuana Commissioner’s Draft Regulations require that marijuana cultivation facilities have an
environmental and sustainability plan that includes efforts the facility will take to minimize the environmental
impact of its operations and plans to minimize water usage.
Odor Mitigation
Unlike sustainable practices, odor mitigation is more often handled at the local level. For example, nearly every
county in Colorado has a strict odor ordinance. Ordinances generally require the use of some kind of filtration
system. The most common type is Carbon Filtration, though biofilters, ozone generators, and other methods are also
used.
The National Cannabis Industry Association Policy Council issued a publication addressing industry impacts, best
management practices, and policy considerations in 2020. The section titled ‘Best Management Practices: Air
Quality’ on page 40 includes a detailed summary of odor control technology used. They note that Carbon Filtration
is the most commonly used and recommended technology for reducing odor emissions as they are effective
and reliable when properly maintained.
Canada has federal requirements for odor filtration. Before obtaining a commercial license for indoor production of
cannabis, applicants need to demonstrate that they have an adequate air filtration system. Health Canada’s Good
production practices guide for cannabis contains the requirements for filtration and ventilation systems and proper
maintenance is required (Section 5.1.5.1). Some ordinances require that the applicant hire a specialist (such as
HVAC technician) to help them comply with local odor control requirements.
According to an article in Chemical and Engineering News, Byers Scientific is an example of a company working to
create emerging odor-mitigation technology. They combine “Carbon Scrubbers” and vaporizers to mitigate odors
caused by the venting process, which is when roof vents are opened to control temperature and humidity. The
carbon scrubbers absorb odors before air passes through a waterless vapor emitted along the base of each top vent.
The vapor neutralizes the odors before they are released into the environment, according to Byers Scientific.
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Item 1.
Cultivation within Agricultural Preservation Districts
Are Marijuana Cultivation Facilities permitted within Agricultural Preservation
Districts?
Agricultural Preservation Districts are administered by the State’s Department of Agriculture. The Department of
Agriculture does not have clear guidance to answer this question at this time, although they raised two major
considerations.
First, according to the Department of Agriculture, agricultural buildings are permitted within Agricultural Preservation
Districts, which might allow for cultivation operations. However, ancillary uses, such as offices, laboratories, and
processing areas, would not be permitted within an Agricultural Preservation District. The existing cultivation facilities
in Delaware also include associated/ancillary uses, including manufacturing, testing, and retail. Any uses other than
cultivation would clearly not be permitted (as either a principal or accessory use) within Agricultural Preservation
Districts.
Second, some Agricultural Conservation Easements were purchased with a combination of State and Federal funds.
Marijuana remains illegal under federal law, so this would also need to be considered if a request came forward.
Further review and consultation with the Department of Agriculture would be necessary if the City received a request
to allow a cultivation facility on a property within an Agricultural Preservation District.
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Item 1.
Summary of City of Dover Marijuana Survey
Following several discussions before the City Council Committee of the Whole (CCCW) regarding marijuana legalization and whether
and where marijuana-related land uses should be permitted within the City of Dover, City Administration and Rossi Group developed
an online survey to gauge public opinion. The survey (attached at the end of this document) was published through Constant Contact
on July 2, 2024, and the link to the survey was shared with City Council, through social media outlets, and on the City’s website. At a
CCCW meeting on July 9, 2024, the Committee discussed the survey and requested that paper copies be made available and the
survey be inserted in City utility bills beginning on July 15, 2024. Further, the closing date for the survey was extended from July 21,
2024 to August 31, 2024.
In accordance with this direction, City staff placed paper surveys and drop boxes at City buildings, including Customer Service (5 E.
Reed Street), City Hall Inspections Counter, the John W. Pitts Center, and the Dover Public Library. When the survey closed, the City
had received a total of 2,228 surveys. Of these 831 were paper surveys and 1,409 surveys were completed online. The following is a
summary of both the paper and online surveys received.
Not all respondents completed every question, so the number of respondents for each question is indicated a “N=”. For some
questions, there were open-ended questions where the respondent could provide a comment. These responses are captured at the
end of this document. With the exception of correcting spelling errors and fixing characters that exported from the survey platform
incorrectly, the responses documented in this report are verbatim as submitted by the respondents.
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Item 1.
Summary of Marijuana Survey Results
1. What is your age?
Under
Options 21:
Under 21: 15 1% 1%
21-34:
21-34: 365 16%
16%
35-44: 387 17%
Over 64:
45-54: 298 13% 37%
55-64: 332 15% 35-44:
Over 64: 831 37% 17%
N= 2228
55-64: 45-54:
15% 13%
Non- Prefer
2. What is your gender Binary not to
1% answer
Options 3%
Male 1053 47%
Female 1102 50%
Male
Non-Binary 12 1% Female 47%
49%
Prefer not to 59 3%
answer
N= 2226
3. What Council District do you live in? Do not live in City, but
Options own a business in
City:, 4%
District 1: 345 17%
District 2: 388 19% District 1:
Do not live in 17%
District 3: 386 19% City:
District 4: 192 9% 22%
Unknown: 216 10% District 2:
Do not live in City, 91 4% 19%
but own a business Unknown:
in City: 10%
Do not live in City: 457 22% District 4: District 3:
N= 2075 9% 19%
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Item 1.
4. Which of the following policy options do you support?
Other
1%
Options
Dover should ALLOW recreational 749 34%
marijuana businesses within the City
without any special restrictions.
ALLOW
Dover should ALLOW recreational 289 13% without any
marijuana businesses within the City restrictions
with strong controls. PROHIBIT all 34%
Dover should only ALLOW some 262 12% 40%
recreational marijuana businesses
within the City with strong controls. ALLOW all
Dover should only PROHIBIT all 886 40% with strong
recreational marijuana businesses from ALLOW some controls
opening within City limits. with strong 13%
controls ALLOW
Other 37 2% 12% 58%
N= 2223
5. Do you support allowing any of the following 1250
marijuana related uses in the City? (You can 1188
choose multiple responses) 1200
1150
Options 1100
1059 1068
Cultivation 1059 48%
1050
Manufacturing 1003 45% 1003
Retail 1188 53% 1000
Testing 1068 48% 950
All 2228
Respondents 900
Cultivation Manufacturing Retail Testing
6. Do you support allowing marijuana cultivation, Uncertain
manufacturing, and testing facilities in Industrial and 7%
Manufacturing zones within the City of Dover?
Options
Yes 1148 52%
No 917 41% Yes
No 52%
Uncertain 146 7%
41%
N= 2211
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Item 1.
7. Do you support allowing marijuana cultivation, Other
manufacturing, and testing facilities in other locations Uncertain
within the City of Dover? If "yes" please list possible 9% 3%
locations in "other"
Options
Yes
Yes 837 38%
38%
No 1117 50%
Uncertain 213 10% No
Other 61 3% 50%
N= 2228
Uncertain
8. Do you support allowing marijuana cultivation facilities 6%
in Agricultural zones within the City of Dover? Note:
Agricultural zones appear in green on the map.
Options
Yes 1151 52%
Yes
No 926 42% No
52%
Uncertain 139 6% 42%
N= 2216
9. Do you support allowing retail marijuana stores along Uncertain
the Route 13/Bay Road Corridor within the City of 4%
Dover?
Options
Yes 1192 54%
No 940 42% No Yes
Uncertain 89 4% 42% 54%
N= 2221
4
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Item 1.
10. Do you support allowing retail marijuana stores in
Downtown Dover? Uncertain
4%
Options
Yes 1008 45%
No 1131 51%
Uncertain 81 4% Yes
N= 2220 No 45%
51%
Other
11. Do you support allowing retail marijuana stores in 8%
other locations within the City of Dover? If "yes"
please respond where in "other" section.
Options
Yes 976 43%
Yes
No 1141 50%
42%
Other 175 8% No
N= 2292 50%
5
55
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Item 1.
12. How important is it that there be a buffer or minimum distance required between marijuana cultivation, manufacturing,
and testing facilities and the following types of places?
2000 Schools 1632
Schools 1500
Not at all 284 13%
1000
Somewhat 258 12%
Very 1632 75% 500 284 258
N= 2174
0
Not at all Somewhat Very
2000 Daycares 1632
Daycares 1500
Not at all 297 14%
1000
Somewhat 253 12%
Very 1632 75% 500 297 253
N= 2182
0
Not at all Somewhat Very
1600 Rehabilitation Centers 1353
Rehabilitation Centers 1400
1200
Not at all 461 21%
1000
Somewhat 342 16% 800
Very 1353 63% 600 461
342
400
N= 2156 200
0
Not at all Somewhat Very
1400 Parks 1217
Parks 1200
Not at all 556 26% 1000
Somewhat 391 18% 800
556
600
Very 1217 56% 391
400
N= 2164
200
0
Not at all Somewhat Very
6
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Item 1.
1400 Residential 1195
1200
Residential
1000
Not at all 582 27%
800
582
Somewhat 391 18% 600 391
Very 1195 55% 400
N= 2168 200
0
Not at all Somewhat Very
1400 Hospitals 1184
Hospitals 1200
Not at all 631 29% 1000
Somewhat 354 16% 800 631
Very 1184 55% 600
354
400
N= 2169
200
0
Not at all Somewhat Very
7
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Item 1.
13. How important is it that there be a buffer or minimum distance required between marijuana retail stores and the following
types of places?
Schools
Schools 2000 1619
Not at all 265 12% 1500
Somewhat 287 13% 1000
Very 1619 75% 500 265 287
N= 2171
0
Not at all Somewhat Very
Daycares
Daycares 2000
1566
Not at all 334 15% 1500
Somewhat 270 12% 1000
Very 1566 72% 500 334 270
N= 2170 0
Not at all Somewhat Very
Rehabilitation Centers
Rehabilitation Centers
1500 1326
Not at all 455 21%
Somewhat 367 17% 1000
Very 1326 62% 455 367
500
N= 2148
0
Not at all Somewhat Very
Parks
Parks 1500
1206
Not at all 574 27%
1000
Somewhat 381 18%
574
Very 1206 56% 500 381
N= 2161
0
Not at all Somewhat Very
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Item 1.
Hospitals
Hospitals 1500
1150
Not at all 656 30%
1000
Somewhat 349 16% 656
Very 1150 53% 500 349
N= 2155
0
Not at all Somewhat Very
Residential
Residential 1138
1200
Not at all 666 31% 1000
Somewhat 359 17% 800 666
Very 1138 53% 600
359
400
N= 2163 200
0
Not at all Somewhat Very
14. What concerns do you have about allowing 1600
marijuana related facilities in the City of 1338
1400
Dover? (You can choose more than one) 1145
1200
998
1000 902
Options Total
800 622
Increased Crime 1145 575
600 470 447
Decreased Property Value 902 400
Noise 622 200
Impact on Youth 470 0
Traffic Congestion 998
Environmental Impact 575
Odor 1338
Other 447
15. What potential benefits do you see in
allowing marijuana related facilities in the 1400
City of Dover? (You can choose more than 1146 1119 1127
1200
one) 994
1000
800
Options Total
600 477
Economic Growth 1146
400
Increased Licensing Revenue 1119
200
Job Creation 994
0
Better Regulation of Marijuana Products 1127 Economic Increased Job Creation Better Other
Growth Licensing Regulation of
Other 477 Revenue Marijuana
Products
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Item 1.
“Other” responses to Question 4: Which of the following policy options do you support?
Dover should prohibit marijuana businesses, tobacco businesses, alcohol businesses, and vaping businesses. All things that can cause harm.
One retail store in Midtown Loockerman to bring customers to shop. No other businesses
It stinks keep it out of town
Regulate the same as alcoholic beverages
just like alcohol, if not within the law, prosecuted as any criminal act
Please do not introduce more addiction to anyone. We have enough addicts now.
Our city has too much trash, addicts, homelessness, hungry people and negative ways of living within the City of Dover. Enough is enough! Drugs are no
good anywhere!
Medical only
No sales within the city
I don’t live in the city therefore I shall not answer.
Allow within the city but must not allowed near schools
It should be prohibited in the entire state!
Same as alcohol policies
Dover should allow recreational marijuana businesses within the City of Dover following Liquor Store controls
Please join the beach towns, Middletown, Dagsboro, Millsboro. Ban growing, sales of this in our CITY!
Only for medicinal purposes
It just creates more crime and criminal activity.
There is NO valid reason to encourage public use of ANY drug. Such use is deleterious to public safety and participation to public events.
Against marijuana
My doctor recommends it and I cannot afford a medical card, just move forward and stop waiting on what is everyone else doing. Make a decision for
once, Dover!
We have enough crime in Dover
Does alcohol have special restrictions?
Democratize the recreational marijuana industry!
Neighbor always high and don’t feel safe
This will allow more drug related issues for the state! Should never have been allowed at all only for medical issues. I hope they are being treated the
same as someone driving drinking same fines!
Dover should only allow minimum number (2) of marijuana businesses within city limits and in close surveillance by security authorities. Police state &
federal monitoring
Do not allow at all unless medically prescribed by a Doctor MD
None Every
Dover need to deal with current homeless and fentanyl use. Marijuana smell already in Dover. No one, obeying laws already.
We need law and order for our citizens. Drivers today are bad enough without it (marijuana) . With it---scary. Let people find moral recreation as we did-it's
free!
Marijuana makes people numb and dumb and us a gateway to other illegal drugs.
normal restrictions like age.
Dover needs to deal with current homeless and fentanyl use. Marijuana smell already in Dover. No one obeying laws already.
Allow recreational marijuana businesses within the city with strong controls - as well as creating a maximum cap on the total number of rec marijuana
businesses within the city to preclude the exclusion of other business types
Dover and the state need to ban Marijuana. It not good. No store can't sell it in DE
DOVER SHOULD ALLOW RECREATIONAL MARIJUANA BUSINESS WHERE EVER ALCOHOL AND TOBACCO IS. SOLD .
Dover should allow recreational marijuana only in the business districts with minimum requirements to open.
Dover should only ALLOW some recreational marijuana businesses within the City with SOME controls.
Dover should PROHIBIT all use of marijuana, recreationally and medicinally. It is a gateway drug, even when used medicinally, and the dangers and
harms FAR outweigh any possible helps. We do NOT want to be the next Colorado.
I believe that Dover should allow recreational use but just like alcohol there should be some controls
I feel it should be handled as alcohol is .
Make legal to certain age
Same restrictions as on alcohol and cigarettes
Should allow recreational marijuana business within city limits within control and restrictions
They should be allowed but I'm wondering exactly what "strong controls" means. I believe that marijuana should be treated very similarly to alcohol.
What exactly is strong control?
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Item 1.
“Other” responses to Question 7: Do you support allowing marijuana cultivation, manufacturing, and testing facilities in other
locations within the City of Dover? If "yes" please list possible locations in "other"
100% for growing the industry within our town with purchasing from illegal vendors. This is also a very profitable
agriculture zones industry that should be accessible to all.
All above items should be allowed in any area within the Dover Need information on what is involved in manufacture, cultivation,
city limits. and testing but generally any zone which allows similar activities
All locations everywhere should allow legal activities. More should allow this
government equals more taxes and less rights. Not in the downtown area
All manufacturing should be treated as though it is a hazard to On the outskirts of town with distance from residential area and
human health. schools.
Any commercial zone Outside incorporated limits
Any current industrial parks for manufacturing and testing labs Outskirts of Dover/country
Any farm in Dover should be allowed to grow marijuana Plaza where buffalo wings is at.
Any location Plenty of unused fields and plants in the Dover area
ANY location within the City is fine. These facilities pose no Possibly around the old Playtex apparel area or out around
threat to local citizens. Horsepond Rd
Any manufacturing, cultivation, and testing should only exist Yes – Any
within industrial/manufacturing or agricultural zones and regulated To support low income are
as such. Yes – Wherever
Any place where alcohol would be allowed. Yes – RT 8 further west plenty of industrial zoned properties
Any where we currently allow alcohol. Yes – Farms
Any. These are business owners with employees. We should not Yes – Industrial Parks only
make it hard for them to do business in the city. Yes – any and all must be fenced in
Any/all locations. Yes – non-residential areas
Anywhere Yes – Industrial Parks (Testing facilities)
Anywhere alcohol is allowed. Yes – Business District
Anywhere available. Yes – West of Dover
anywhere besides on school property Yes – Where open spaces are
Anywhere business can go they should be allowed to go. Yes – Any – Why prohibit taxpayers
Anywhere other than near schools Yes – in a controlled pace!!!
Anywhere other then downtown. Yes – Don’t know
Anywhere plausible for the resources required for the business to Yes – Areas designated for such use
function. Yes – Any
Anywhere that isn't next to a school Yes – All
Anywhere with available space. Possibly a mutually beneficial Yes – Nonresidential
agreement with local colleges like Del Tech to use their labs for No – None – Stop
testing in exchange for educating students on the process. Yes – Home Grown for personal use only
Anywhere! Yes – Prive residence
Anywhere, it's not a dangerous substance or process. Yes – Dover Mall
Camden Yes – in vacant spaces, in empty buildings/stores, old sears,
Controlled facilities and with regulations. Macys, post office
Cultivation on agricultural properties. Yes – I do not see a need to limit
Do not care where these locations are stationed. Yes – Any rural (open air) areas
Downtown, small business Yes – West Dover
Everywhere Yes – unknown
Farm land up for sale Yes – DSU – U.D. Cooperative Extension (Perdue Building)
Farm land. Do not build more homes! Yes – outside district limits
Farm/Agriculture, fields that have been for sale. not in the city
Home cultivation Yes – with limits in scope
In a safe monitored low crime area Yes – Lots of farmland here
In areas commercially zoned that do not directly abut a Preferably @ current (existing) I&M Parks/locations
residential area RT. 8 West Dover
In other cities in Delaware Places with space
In the southern part of Dover and western parts of Dover Yes – Same as alcohol locations
Make use of current unused buildings? Yes – Select Business Zones (indoor)
Marijuana is a plant not a crime! Promoting access to safely Near other factories
produced marijuana reduces the risk of use and harm associated Empty existing built stores, strip malls, business/retail locations
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Item 1.
Not sure of feasible locations South/North Governors
Garrison Park West Dover
As long as there is strong control. Near open fields by packing company/the many vacant plazas.
Commercial and Residential Where feasible
Map too small Hamlet Shopping Center
Industrial, manufacturing, and agricultural zones Possibly the area where General Foods is located
Very limited locations, not near school, etc, Private dwellings
In commercial area Safe areas where there is not any type of chemical runoff that
In retail areas gets absorbed into the material and now you're taking in
Empty warehouses something that is a natural product that's going to poison your
Little Creek body
No restrictions Same locations as alcohol and tobacco cultivation, manufacturing
Everywhere and testing, if any
Enterprise business park Seaford, Milford, Harrington, rehoboth beach, Bethany
Nearby fields there are enough around Should have similar regulations as breweries, pubs, and liquor
Repurpose empty buildings stores when it comes to locations.
Any available locations The agricultural zones, the industrial and manufacturing zones
Carrol’s Corner are too close to my home and I'm afraid marijuana infrastructure
South/North State Street would further deteriorate the safety in my neighborhood.
There's plenty if empty warehouses and buildings all over the City.
Where ever the business owner wishes to locate their business
Wherever tobacco is allowed
“Other” responses to Question 11: Do you support allowing retail marijuana stores in other locations within the City of
Dover? If "yes" please respond where in "other" section.
? Anywhere
A more rural store Anywhere
All above items should be allowed in any area within the Dover Anywhere
city limits. Anywhere
All locations everywhere Anywhere
Allowing a store downtown would drive much needed business to Anywhere a vape store is permitted
the area but really anywhere in Dover would be acceptable Anywhere available.
Along 13 Anywhere business can go they should be allowed to go.
Along Bay Rd near AFB Anywhere but in immediate downtown main streets
Along Rt 8, Salisbury Road, New Burton Road Anywhere in city limits with same zoning as liquor stores.
Along the highway Anywhere in Dover we absolutely need more marijuana retail
Any area stores everywhere here, this state is too underdeveloped as it is,
Any area. the retail stores will give us something new
Any dormant shopping location Anywhere liquor can be sold
Any location except the Downtown Dover area. Anywhere not next to a school
Any location where businesses are allowed, with consideration for Anywhere plausible for the resources required for the business to
possible traffic & parking issues function.
Any place where alcohol would be allowed. Anywhere that isn't residential but regulated per Delaware laws
Any place where businesses are Anywhere that it is appropriate to have a retail store. We have
Any property that would allow a tobacco store or liquor store. liquor stores throughout Dover, in and out of Downtown, so I am
Any where like vape or liquor stores are currently okay with rec. marijuana as well.
Any where that is zoned for commercial use Anywhere where a liquor store could/is located
Any zone where similar retail activity is permitted Anywhere with available space, maybe the mall
Any. Anywhere you currently allow a liquor or tobacco store.
Any/all locations Anywhere!
Anyplace a liquor store is allowed Anywhere, as long as buffers are given for schools, and medical
Anyplace other then downtown. facilities.
anywhere Anywhere.
Anywhere Anywhere. It's not a dangerous product.
ANYWHERE As previously stated
Anywhere Away from downtown but still in Dover. For example
Anywhere
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Away from schools and daycare centers where space is available. should not be restricted further than the others two types of Item 1.
Separate from from medical Marijuana store. Some mm patients stores.
like privacy. Maybe. Not certain
CAMDEN Milford, seaford, rehoboth beach, bethany
Commercial zones 250 feet from schools Must be a certain amount of miles away from schools or parks.
Depends. You do not want to create a target for crime. A Near other retail locations
cultivation or processing facility may attract those with criminal Near route 13 or Forest Ave
intent. The retail stores are usually fortified much like the Neutral
dispensaries. Not in Downtown Dover. Downtown attracts too much homeless
Doesn't matter and violent crime offenders.
Dover does not limit the presence of liquor stores, so there should not near schools
be no greater limit on retail marijuana stores. Not near schools or colleges
Dover Mall Not the main roads, I believe those types of facilities attract
Downtown negative behavior in the surrounding area.
Downtown On duPont Highway
Downtown, Loockerman Street Other major streets with business such as parts of South State ST
Empty business on Governors Ave, Rt. 8, and Rt. 13. and Governors Ave and Forrest.
Everywhere Other shopping areas
Everywhere out side the city sure
Everywhere nigga. Fuck the white man Outside city limits in rural farm land
Everywhere! Possibly on Forrest Ave, somewhere on the westside
Forrest Avenue, Walker Road, Salisbury Road. Pretty much Puffster’s!
anywhere where there are businesses. Retail locations outside of downtown and office/industrial parks
I do not see any reason to restrict their physical location. So work well. I hope that members of council will visit recreational
anywhere other businesses are allowed is fine facilities in neighboring states before making a decision. There is
I don’t have anywhere particular in mind, but we have a lot of on in Centerville, Annapolis and Elkton.
vacant storefronts throughout the City. Retail marijuana is good for everyone , Delaware will profit from it
I support the growth of the cannabis industry. , create more jobs, and if marijuana is legal , it hurts drugs
If it is just a retail store it can exist within retail areas. I would not dealers!!!
want retail stores in residential areas. Rodney village shopping center, gas stations/ stores that sell
In a low crime area tobacco and marijuana related products
In all locations where liquor stores are permitted. Route 13
In all places alcohol is sold. Route 13 corridor
In certain business areas, mostly away from biz that typically Route 8 and route 15.
cater to children and families. Route 8, 15. Wherever other business can exist
Industrial and Manufacturing zones RT 8
Industrial and manufacturing zones. Rt 8 business area
Industrial areas away from schools Rt. 8
It's hard enough to get parking in the city. Most medical Marijuana RT. 8 commercial zones
places have lines, but have parking. Keep the lines off the Same as alcohol.
sidewalks and in front of other retailers then ok. Same locations where alcohol and tobacco retail sales are
Local bakeries or coffee shops could work to mutually benefit allowed
cannabis retail stores akin to culture in early 21st century Same or similar where smoke shops/CBD stores are located
Netherlands. service commercial areas
Location regulations should be similar to breweries, pubs, and Shopping Centers, Office complexes.
liquor stores Shopping centers.
Loockerman street Shopping plazas or industrial parks
Mall Should be kept along the main strip and out of residential
Malls/strip malls neighborhoods where there might be stores.
Malls, pretty much anywhere. Similar to liquor stores
Manage, permit and license like you do for liquor stores. Somewhere off the main roads. Set up shop in remote,
Marijuana is a plant not a crime! Promoting access to safely unpopulated, low traffic and volume areas
produced marijuana reduces the risk of use and harm associated South Dover in the mostly unused shopping center across from
with purchasing from illegal vendors. This is also a very profitable the Blue Hen mall that houses the gym and Dollar Tree
industry that should be accessible to all. stand alone stores, strip malls, etc.
Marijuana retail stores should be allowed in any commercial Strip mall/pad sites
district in the city. Strip malls/plaza like the smoke shops.
Marijuana retailers should be treated differently than liquor stores
and cigarette stores. They are legal products for adults and
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Item 1.
The building south of South street on RT 13 that is on the split Yes – Anywhere but near high schools
before the car sales lot is always empty as well as the old diner Yes – Rural
next to hibachi Other – Outside of designated Gov’s council target block
The mall neighborhoods that are suppose to restore peaceful, traditional
The outlying edges of north and south dover. life.
The stores should be allowed anywhere any other stores are Yes – Malls
allowed. Yes – walker square
There are quite a few little shopping centers/strip malls along Yes – Any place other than downtown
route 8 and route 10. Other – Unknown
They are a legitimate business, they should be allowed anywhere Other – Anywhere that is safe
any others are. Yes – Dover Downs/Dover Mall
They should be allowed anywhere a liquor store is allowed to be Yes – on the outskirts of the city
Unsure of area Other – Limited
Walker Rd Other – Industrial Park
west dover area Other – just not in the city
West Dover Yes – Anywhere not close to schools or daycares
West Dover, RT 8. RT. 8 West Dover
West side of dover off rt 8. Near or in the dover mall, lot near the Regulated same as alcohol stores
old L& D parts store Yes – Other major road corridors example RT 8 & RT 10
Where ever liquor stores are allowed Selected business parks
Wherever The old KFC & A&W on RT 8
Wherever liquor stores are allowed. Eastside
Wherever makes sense. Marijuana should be treated the same as Outside city limits
alcohol. Other commercial locations
Wherever there's a tobacco store. Dover mall, 1 or 2 shops
Wherever tobacco is allowed Anywhere zoned ok
Wherever you can have liquor stores, have marijuana stores. Anywhere zoning will allow
White oak Any location is ok
Why not regulate it as you do for retail sales of alcohol? Any legal place
With medical marijuana store near hospital City Perimeter
Woodside and cheswold Everywhere in Dover
Yes No limits
Yes – Males Uncertain
Yes – Wherever It will lead to other drug use
Yes – Rt 13 No
Yes – Strip mall store fronts Blue Hen Corporate Center
Yes – near police station Rt 13 & Alt 113
Other – Dover Mall & Shopping centers West Dover, South Dover
Yes – Not near school Strip Malls
Yes – All Any business should be allowed as long as they follow laws.
Yes – Where possible! All business areas should be allowed to obtain a license.
Yes – Any
Yes – Wherever they feel like it
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Item 1.
“Other” responses to Question 14: What concerns do you have about allowing marijuana related facilities in the City of
Dover?
Accidents Health impact, DWIs second hand smoke
Affects Health problems and unsafe environment. Heath hazards potentially related to all manufacturing
Alcohol have the same affects. Ban that too Heath impact on the people.
Allowing drivers to drive under the influence. Drivers around them I despise the fact that if I am driving or walking and am near
have to be exposed to this as well. someone smoking or vaping, I become the second hand receiver
Already smell it where ever I go. Clean Dover up with the trash of the smell and smoke exhaust.
being thrown on the ground. Dover should be ashamed of there I do not have a concern about the impact on it surrounding areas.
self letting Dover look like it does. Start informing these people I do not have concerns. Council members need to visit facilities
littering or put up cameras to start fining them. in other states to see what they are like. They are not at all what
Already the smell of Marijuana is overwhelming in Dover. In your some make them out to be.
car, grocery store, retail store, fitness facilities, schools, you can't I Don’t have any concerns.
escape it. Intoxicated in public and while driving. This will only I don’t have any concerns. I think it will make the state a lot of
make matters worse. money
Always concerned about crime not necessarily related to I don't have any concerns as long as it is located in the proper
marijuana . place. I'm assuming you can't use the product in the property.
Any new business can bring traffic etc It is ridiculous to think I feel this is a great step in improving the economy of Dover!
everyone will not drive a mile outside of Dover to get it and bring it I have literally no concerns. Bars already do all the above with
home. Not allowing it here isn't going to keep it from being here, it the exclusion of "increased crime".
is legal. I have multiple examples of people in my own life who started
Attracts a population that is not conducive to support those with marijuana and moved on to harder drugs, even when used
businesses that advocate the history and tourism of the capital. medicinally because the felt benefit diminishes over time and
Bad idea supporting any Marijuana related activities in or around something stronger is required to achieve the same baseline.
the city. Marijuana is a proven health concern and addictive I have no concerned considering the way the laws wrote it should
substance. be handle like alcohol sales .
Black business owners seeking to get into the marijuana I have no concerns. If you understand how the businesses run
business will be shutout and excluded because the current you will understand how many of these worries are not realistic &
medical marijuana facilities will have a monopoly on the industry. are based in fear.
They’re being allowed to supply retailers before new distributors. I have no concerns. The city will improve economically and it will
Cannot think of anything bring in more tax revenue
Crashes, bad behavior I have none at all
Crazy impaired drivers I have zero concerns.
crime I imagine it would be similar to having a liquor store in an area.
Decrease in the quality and standards of our living environment I live right outside of Dover on Cheswold. This will affect us all
developmental status of impaired/handicapped negatively. Do not bring a marijuana facility to Dover.
Distracted driving, DWI, bad attitudes and panhandling I suggest that the Council take the time to read Alex Berenson's
Don't want Dover to become a Kensington, Philadelphia disaster. book entitled
Dover already smells half the time and there are too many damn I think it would be beneficial, decreased crime, if people can buy
pan handlers Marijuana legally, no need for weed dealers. Less chance of it
Dover will not be seen as family-friendly. being laced with other drugs.
Driving impairment in City of Dover I think this will be an issue with the older residents. In other
Driving safety States where it’s been legalized, the economy has been boosted
Driving under the influence! Same as alcohol and drugs! Yet I and crime has decreased. Lawful access to marijuana could also
smell it from lots of cars. I had one rear end my work vehicle and dampen the opioid crisis we all see in downtown Dover.
the police did nothing!!!! I would not care
DUI I’m concerned that it hasn’t been allowed sooner
DUIS. If they are not permitted, illicit market sales will flourish.
Everything and anything about it. We have little children and If treated to the same standards as alcohol and tobacco sales
don’t want them expose to these paraphernalia. Please do not there should be no impact to our youth. None of these should
pass this bill as this is detrimental to the betterment of our really be an issue if handled properly.
societies and will have a negative overall impact. I'm concerned about a boom-and-bust cycle that is expected for
Gateway drug leading to other drug issues any state launching a new marijuana market. Dover is struggling
Gateway drugs. to improve its downtown. Opening marijuana stores will not
general degradation of society. Number of folks using it will likely enhance the appearance or safety of our historic Capital city.
increase. Impact on teens is inevitable. Comparing marijuana's I'm more worried about how licenses will be handled, will
benefits as compared to alcohol is like comparing a small sin to a business get more help than people. Our state has a track record
larger one. That said, its use is ubiquitous.
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Item 1.
for businesses, our people should prop up and own most of the Marijuana is now a legal product in Delaware. There should be
businesses. no additional restrictions on a legal product. Existing ordinances
impact on health, well-being and quality of life for all Dover protect against noise, pollution, etc.
residents, especially children Missing out on economic value of excluding marijuana sales and
Impact on health. We know that second smoke is a health risk. production for our City
We also know that marijuana carries health concerns. We have Mo concerns
regulated cigarettes because of the effects of second hand More availability to purchase marijuana will mean more residents
smoke. The same should apply to marijuana. using marijuana which I believe will result in increased traffic
Impact on small businesses in the area. accidents due to impairment and crime.
Improper use around children, while operating motor vehicles, More Homeless
performing work with risks of injury to third parties. Lack of regard More homelessness
while using in public spaces is already a problem, encouraging More traffic accidents
use through increased access is not going to help. motor vehicle accidents due to intoxication
Increase in criminal activity Multiple Health issues for recreational users
Increase in homeless and additional drug use My biggest concerns are health and environmental impacts that
Increased impact on State and Federal needs based programs. any manufacturing and industry bring into an area.
Increased Loitering My concern is that if weed is legalized they won't legalize Delta 9
Increased police presence and It would still be set at 0.3% but it should be a lot higher so
Individual sobriety which impacts ethical and timely decision they get all of the benefits I use it for medical purposes but Delta
making for self and others 9. % should be 29% or higher
Individuals under the influence on streets and sidewalks. My husband and I have personally had negative health impacts
Increased drug use. from "second-hand" marijuana smoke in our building. Additionally,
It impairs the ability to drive safely. I live on a 4 way stop corner. opening the door for one such drug just increases the likelihood
Someone ran the stop sign and slammed into the back of a that other worse ones will follow. This is very dangerous.
properly parked SUV. N/A
It will make a negative impact on quality of life and the N/A
community’s atmosphere n/a
It will most likely increase the illegal use of other harmful drugs. N/A
It will not have an negative impact N/A
It’s a gateway drug to narcotics, ATS, synthetic, etc. N/A the criminalization of marijuana, a safe plant to ingest, has a
It’s just a gateway to increase the already massive drug and more significant negative impact on the community, especially
crime related issues in the city. How about getting a handle on all marginalized identifies within the community, than recreational
the pan handling, and crime, and cleaning up this Capital city? legalization, sales, and manufacturing.
It's a gateway drug. Need to make sure youth and anything marijuana related are
I've personally lived in a town that allowed marijuana sales and truly separated. Think the retail stores should have similar laws to
there were much more traffic accidents due to people smoking in liquor stores and the license application process.
their cars and driving impaired because of marijuana. It's Negative effects on our community
dangerous plain and simple! Negatively effecting the character of downtown Dover that many
Lack of adequate parking. are working to build up. Impact on other non-drug related
Leads to harder drugs and outside gangs crime. businesses of having a proliferation of drug related businesses
Like cigarettes, I think Marijuana products should be heavily downtown.
taxed. This would provide more tax revenue and put the price Negatively effects family values
point above what the majority of minors could afford from third No
parties. No
Loitering and homeless No
Lost our values as a human being. no
Making people lazy and having their senses not all there by being No concern
in a fog from smoking weed. But I know it’s all about the money No concern
being made from this. Politicians care less about the everyday No concerns
people who live among the crime, drugs, homelessness No concerns
Marijuana is a gateway drug that leads to usage of other drugs, No concerns
such as cocaine, methamphetamine, fentanyl, and others. This No concerns
will also lead to greatly increased healthcare costs and fewer No concerns
healthcare resources available for other medical needs.
No concerns
Marijuana is a mind altering drug which will bring nothing good to
No concerns
our city. Homelessness and poverty will increase along with a
No concerns
lower standard of living both financially and morally. Please do
no concerns
not allow this.
No concerns at all you should be more vested in getting heroin
Flacca
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Item 1.
No concerns it should be no different than liquor stores none
No concerns what so ever. Have the powers that be visit NONE
Maryland, Nevada, New York or New Jersey. Dover currently has None
Medical Marijuana facilities and no one really pays any attention None
to them. Dover is making a big deal about nothing. None
No concerns! It would make Delaware a lot of money! We could None
build a local solar powered /wind powered train in Delaware with None
the money it brings to the state ! Marijuana is a healing herb none
please treat it like one ! none
No concerns None
No more than the ones created my alcohol related facilities None
No negative impacts… None
No problems. It's neither a dangerous product nor process. If None
alcohol is ok, cannabis should be even more acceptable. None
None None
None None
None None
None None
None None
None None
None None
None NONE
none None
None None
None None
NONE None
None None
None None
None None
None None
none None
None None
None None
none None
None None hopping it helps crime lower
None None I think it would do good for the city if placed in the right
None spots.
none None if they are properly controlled.
None None it’s legal and should be available. Taxes from it could go to
None our schools.
None none of the above
None None of the above
none None of the above. We have multiple liquor stores, bars &
none breweries & we know cannabis is safer than alcohol.
None None of them
None None of these options are a concern to me
none None!
None None! Alcohol is way worse.
None NONE! It'd be nice if we could have retail stores in place during
None my lifetime, especially since it's LEGAL.
None None, it's happening all over now... Pot heads are mellow, low
None crime alcohol have potential to be mean and reckless
None None, just like alcohol, you have to be of legal age to purchase.
None None.
None None.
none None.
None None.
None none. alcohol is worse.
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Item 1.
NONE. Everyone has been smoking weed before recreational - The city is already facing significant issues around
this will just help limit the black market. Marijuana is a beautiful homelessness, drug abuse and an increase in prostitution. Petty
plant that helps many alignments so limiting resources to medical crime, theft and issues around trash are at a too high of a level.
patients & ppl that cant afford a card is cruel. The city loosing HUNDREDS OF THOUSANDS of money they
None. I hope the people making this decision will visit retail sites are passing up because of this survey.
in other communities to understand that a dispensary is really no The city needs to fix other major issues before even looking at
different than a liquor store or pharmacy this
None. Let people do what they want as long as they are not The City of Dover is in chaos and you want input on where the
causing harm to others. best place to manufacture drugs would be in our city? You must
None. They can help drive business, economic development, and be joking? These new laws are the reason for all the crime, the
tourism. run down businesses and boarded up homes.
None. This is a very biased survey. The only choices you’re The City's downtown is already almost unlivable and impossible
suggesting here are either no restrictions at all, or heavy to do business in. Drug peddling, prostitution and vagrancy have
restrictions or outright banning it. For once, City of Dover, do the quickly increased. Establishing centers that attract legal users will
right thing and stop standing in the way of progress. destroy shopping, family and tourist activities.
Not being able to identify and enforce D.U.I. Issues in regard to The facility staff kept safe during business hours and facility kept
Marijuana intoxication. safe after business hours
Nothing There isn't any concerns
Nothing There should be no foundation upon which allowing these
nothing operations to exist in Dover. Just like alcohol, it's risks of
Nothing impairment is high and likely to impact the safety of motorists and
Nothing at all pedestrians alike.
Nothing it’s a plant There will be an increase in trafficking
Nothing only positive will come from this There would be less zombies walking around
Nothing really This is a bogus question. There is no evidence that this is so.
Nothing, i think small crimes would go down with people 21+ This is bad all the way around
allowed to enjoy bud in the safety of their own home and think This proposal in no way would assist the multi million dollar
about all that school money you can use with all the weed revitalization efforts! The odor alone would be so off putting (just
income. drive down State college road with your windows down!) Other
Once again it should be treated the same as alcohol. than obvious $ gains,, I see NO benefit for Dover!
Only benefit This question seems inappropriate as the state of Delaware has
Only concern is we will need more facilities. And not just Dover. approved the sale. Most people grow it in their basements and
Over- population of marijuana businesses excluding other types gummies are more preferable.
of businesses. A smoke shop every other store front is off putting This should have never been passed in the first place. Do you
Parking congestion and also congestion of crowds may be want someone high on MJ on the highway with you? Teaching or
unsafe do to increase of foot traffic it may bring. To keep foot daycare-tending your children?
traffic moving along safely we need more sidewalks for around This will flip the city of Dover upside down. There is already so
and leading up to retail areas. much crime. Please do not bring any marijuana facilities to Dover.
Promoting drug use Too available to youth
Regulations on crops, size, transportation between states, Totally against use of marijuana. Would open a can of worms.
trafficking, security at these facilities. Traffic issues -- accidents. Accessibility by substance addicts.
Shirt and long term health consequences. Encouraging drug use Travel and tourism will be adversely affected.
will not end well in many ways. This is not pleasing to God and Violence and increased black market products
will destroy the mind, body, and spirit of the user Violent crimes will increase
Slippery slope, opens us up to further crime activities, organized We are already dealing with a drug addiction surge, if this isn’t
or otherwise. How about the lynching just outside of town last adding any financial gain to the City, we do not need to carry the
week, cartel, drug dealing related. Wake the hell up. This should expenses that having this added activities will bring
not even be under consideration. We are having a drug addiction problem as it is so adding drugs
Spiritual and moral weakening of our population in light of to an already problematic situation is ludicrous. We already have
security challenges from without and within our country state city serious crime so lets not add more folks with skewed judgement.
stagnation of humans desire to be motivated to grow in jobs, Our youth should not have yet another free choice to drg
knowledge, and community. We need to revitalize downtown. More retail can be one way to
Stop trying to act like it’s going be any worse than the liquor and do it.
cigarette stores that are on every street corner. Route 13 is already loaded with vape stores. Please, no more.
That there won't be enough of them and concerned the Whether some of the revenue will go back to communities
government won't put the money back into the community to help Worried there won't be enough of them
the people You have no parking now let alone when you sell Marijuana. If
you want sell smoking pieces there fine. But your going to have a
line to check IDs. Having a open door policy is not going to work.
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Item 1.
Other – None DUI
Other – Decrease crime Other – Will lead to more drug use and vagrancy issues for
Other – None business and police.
Other – No type DUI safeguards or regs in place Just moved from MD to DE none for the above even remotely
Other – increase behavioral health demands on limited facilities happened. Just very large tax revenues.
Other – gateway to other drugs, fentanyl, etc. I love all of my Health Impact
brothers and sisters It is addictive
Other – groups of people hanging out Other – Unforeseen issues in regulated policies
Other – Intrastate crime and interstate crime Stupidity!
Other – gateway drug Deaths
Other – drug dealers increase Other – Cause mental health issue
Other – Do we have enough water & electric. Zoning impact and Contact wanting money to purchase week
growth None. I live less than a mile from a retail store and have seen
Other – precursor to addiction – impacts brain cells especially in zero impact besides increase of traffic.
adolescents No concerns
Other – We have enough people hanging downtown N/A
Other – None! Quality of people
Other – Addicts None
Other – Traffic accidents due to impaired drivers Impaired driving
Other – Increase water usage Dangerous drivers. Too many ignore stop signs and red lights.
All of the above We have too many drug and alcohol addicts driving now.
Other - impaired drivers Health
Other – Addicts come into Dover N/A
Car Base Control
Other – Parking Attracts wrong element
Other – Negative impact on our law enforcement officers and Trash
citizens Driving under influence
Other – causes addiction to the use of it and other drugs Panhandlers
Other – Schizophrenia put weeds living on my property Need odor control
Other – People with respiratory problems None
Other – I see no reason that this is a good idea. Increase in intoxicated customers in my place of business
Other – Increase of drug addicts migrating into the city and Increased need for police management
surrounding areas Not important
Other – Acceleration drug use Not important
Other – Where will the money go? Increased traffic and possibly introduction to area of other drugs &
Other – Looks Trashy paraphernalia.
Other – Crime None exist
Other – Totally against legal marijuana for recreational use. People high and driving
Other – since dispensaries are necessarily a cash only business, No weed
there are a lot of robberies Will only have good benefits
Other – Potential for “Stoner” culture to grow No Drugs
Other – Impaired driving risk due to increase use Do you want your children to stand at night on the street buying
Other – Not at all and/or smoking 1 &2? No
Other – Quality of life Gateway Drug
Impact on youth – Marijuana use in children (10-12) and teens in All nuts if you do
dover is already out of control. My kids go to Dover High School, Fear
and it is used heavily daily by probably the majority of students. A Impaired activity, Driving, Walking and Common sense
large reason for all of the behavior issues at Dover High School. If Operating cars/equipment under the influence
it is easier to get this will be worse. None, kids get much more dangerous, legal are resale it.
Odor – Also the smell when driving around town & on RT 13 is People driving while high, promotes lazy lifestyle.
awful – guaranteed people are smoking and driving. My kids are mental problems, homelessness
about to be driving on their own so it is a major concern for us that illegal at federal level.
they will drive high or encounter others who are. old post office location.
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Item 1.
“Other” responses to Question 15: What potential benefits do you see in allowing marijuana related facilities in the City of
Dover?
Marijuana related facilities will benefit recovering addicts. Science Decreased criminalization of non-dangerous substances, better
has shown that individuals addicted to hard drugs have used personal freedom to control and treat ailments and mental health,
marijuana to combat withdrawals and associated side effects. as well as increased revenue and removing the necessity of
A decrease in racialized policing in which non-white individuals having people selling it illegally.
can no longer be falsely targeted related to "marijuana crimes." Definite revenue booster to offset City and County Property
The "War on Drugs" was an effort to increase racialized policing Taxes....
and needs to be repaired, starting with industry access Don't see a benefit to ends justifying the means.
Absolutely no benefit at all Dover can't even control the crime, speeding and homelessness
Absolutely NO benefits whatsoever that you currently have. Allowing this in Dover is an issue to
ABSOLUTELY NO POTENTIAL BENEFITS AT ALL!!! monitor & something that you will never be able to put back in
Absolutely none! Pandora's box. The "personal use" odor is horrible in Dover
ABSOLUTELY NONE!!!! Dover needs to address other issues first such as crime, drugs,
Absolutely none. prostitution, and homeless. Just drive downtown and open your
Access for those who need it for rehab or medical needs. eyes.
Access to alternative medicines for those who qualify. Dover was listed as the 5th most dangerous city in Delaware.
Accessibility to the public Downtown Dover needs to be marijuana free. The people that
All of the above come and purchase are likely those with the finds to purchase,
All of the above. Let people do what they want as long as they however, are unlikely to spend time supporting local businesses.
are not causing harm to others. Congestion for this purpose makes little sense.
All short term benefits for long term decline. Extra economic revenue can open opportunities for or creating
Assisting in the breaking of out dated and unfair stigma and funding for reforming capital School District. Reading levels are
stereotypes placed against cannabis consumers embarrassingly low as a whole and we have little resources to
support students one on one.
Beneficial
Finally, decriminalization for the possession of marijuana.
Better access for eligible residents.
Fairness matters!
Better medically graded product accessible to those who need it
Find another way!
Better quality of life!
For some people help with mental health issues
Better than alcohol
Freedom
can enhance public health by ensuring safe access to cannabis,
Freedom to medicate the way you want
reduce illicit market activity, attract tourism, create community
programs funded by cannabis revenue, and promote social equity Generally relaxed and friendlier demeanor.
through inclusive business opportunities. Gives people access to safe marijuana so they don’t have to buy
Cheaper prices for medical Marijuana if we increase supply off the street
collect a sales tax Go visit San Francisco and ask the residents there how things
are going.
Contribution to taxes
Grants given to local business owners from minority groups that
Creating a legitimate market for a product that people will use
were unfairly and overly policed for marijuana related crimes
regardless allows for users to source that product from a
would be a step towards transformative justice. These shops
reputable business as opposed to taking chances with laced or
should not have large scale corporate ownership if possible.
incorrectly cured flower.
Happiness
Crime and criminal activity will increase. Our communities would
run down quickly. The city is too small for all of this activity. Happy & Healthy citizens!!!
Crime Decrease Healthier citizens and lower healthcare costs
Death Growth. Undergraduate students, more sexual assault and Help keep the money in our country and keep organized crime
more delinquent, etc. families
Decrease in crime (perhaps) because it would be legally Help people with anxiety, food disorders and medicinal purposes
accessible like cancer patients
Decrease in taxes due to increased revenue from marijuana and Help the city & state get out of debt like the state of Colorado did.
more support for community with this revenue Hey, it's Michael. Ohio is nice, but it's wild that since I've moved
Decrease of opioid use. here they've legalized marijuana and are going to beat Delaware
to retail, given the head start we had. I think it's a great idea for
Decreased crime
Dover, especially downtown. Wishing you the best
Decreased Crime
I believe Marijuana retail stores should require a membership for
Decreased crime due to more availability, decreased citizens in
customers to shop there. Membership fees could help maintain
jail for marijuana, increased awareness of benefits of marijuana /
the facility and security. Also, membership allows stores to
a shift in public perception about marijuana / decreased stigma
enforce a code of conduct from members, may help with behavior
surrounding marijuana
I do NOT believe there will be any benefits
Decreased crime.
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Item 1.
I do not see any benefit having anything marijuana related in the It will better the city as a whole ! Dover doesn’t have much to
City of Dover. Other cities that have allowed it, regret it. We are offer as it is now , malls are closed or empty Festivals were taken
working so hard to make Dover a true capital city. We do not away. All events in town, profit doesn’t go to benefit of the city.
need marijuana in any fashion being part of that. Dover needs some type of revenue.
I do not see any benefits to allowing marijuana facilities within the It will send more cars into the junk yard or to a repair place
city of Dover or the greater Dover area. Marijuana is a mind- increasing their businesses profits.
altering drug, and will not have positive effects in the community. It’s important marijuana is controlled because of fentanyl in street
I do not see any benefits whatsoever to the city in allowing drugs. To protect the public the government needs to assure that
Marijuana related facilities to be established. the marijuana is pure just like any other pharmaceutical.
I do not support marijuana facilities It's all positive
I don’t know I've been wanting Dover Delaware to open your doors to the
I don't live in Dover, but I work in Dover. There wasn't an option future though marijuana for example I don't like drinking but I wish
for me to put that so I am putting it here. they would be another option like smoking marijuana and options
I don't see any benefits allowing marijuana sale in city of Dover. from California growers
I don't see any benefits. Keeping the $$$ that Delawareans spend on cannabis here in
I don't see any economic benefits outweighing the increased use Delaware - and believe me, they do instead of sending it to
of marijuana, increased crime, attraction of lower class to the Maryland and NJ
area, and the ultimate negative impact on our youth. There isn't a Leave people alone and let em smoke. They’ll be nicer.
trade-off. Less Black men getting arrested for non violent crimes
I don't support any marijuana activities in Dover Less crime
I really don’t see an overall benefit. Yes there will be job creation, Less crime (a safe access point)
increased licensing revenue and economic growth from the new Less crimes related to Marijuana
industry but the costs to society outweigh any economic benefit. Less dependency on pharmaceutical companies.
I SEE A NO BENEFITS IN ALLOWING MARIJUAHA Less to buy off streets
ANYWHERE. OUR SON WAS ADDITCTED WHEN HE WAS Let police focus on more serious crime. Marijuana use is NOT a
ABOUT SEVENTEEN AND IT LED TO ANOTHER ADDICTION, positive for society but its use shouldn't be criminalized any more
OFF THE STREET PAIN PILLS. THIS IS NOTHING MORE so than alcohol use.
THAN GREED AND THE LOVE OF MONEY WHICH IS THE Marijuana is a stepping stone for worse drugs. However, I do
ROOT OF ALL EVIL. think people in severe pain or cancer should be able to use this
I see no benefit drug.
I see no benefit at all. If this decision goes ahead it will destroy More peaceful
our youth. Also increase motor vehicle accidents. Please say no!!! Na
I see NO BENEFIT of any kind in promoting drug use. Na
I see no benefits at all. No benefit
I see none but a further downgrading if the city. No benefit
I see that there is benefits in marijuana business but only if you No benefit
don't need a medical card especially if we allow Delta 9 no benefit
percentage to be higher like 29% or higher but They will be less No benefit at all. The sale and production of marijuana should be
weed related crime Plus we allow alcohol that kills people illegal.
I see ZERO benefit to allowing marijuana-related facilities in the No benefit at all. I would hope people would move out of Dover
City of Dover. We are already the armpit of the State! Sussex and leave it to the ones who want drugs and homeless people
county is growing as is the Middletown area while Dover making Dover a haven for crime and all kinds of ungodliness. It
continues to deteriorate. Say NO to allowing this in our city! amazes me that I am even filling this out about allowing this.
If were to have a limited amount of retail stores, we could reap No benefit to the City of Dover. This will only harm our youth and
benefits of potential tax revenues. 13 corridor would present a minority communities. We have seen this throughout our country.
negative image for city, most areas would be in close proximity of Please do not make a deal with the devil for money. It never
residential/school/hospital/daycares. Limited Venues works.
Income from marijuana. People buy it anyway, so at least the city No benefit! Do the research on long-term impact in CO/etc not
can collect additional revenue & taxes. Plus it will regulate how just quick tax revenue.
people buy it instead of buying it illegally on the street. No benefit! It is failing in other states/cities. Do the research on
Increase in visitors, for purposes of making purchases will trickle long-term usage not just quick tax revenue.
down to other stores in the area. EC growth No Benefit!!!
Increased agricultural growth no benefit.
Increased foot traffic in downtown Dover to support other No benefit.
businesses and justify the parking garage the city is building. No benefit.
Increased job security for specific agencies No benefits
It will be a lot of problems here in Dover, too many Crimes an No benefits
Killing here for an Family, I’m surely against the Marijuana being
No benefits
here in Dover, DE
No benefits
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Item 1.
No benefits None
No benefits to the City by allowing marijuana related facilities. None
No benefits, it should not be allowed, and if it is approved I’m none
sure it will be located in the minority areas! None
No benefits, only downside None
No benefits. None
No benefits. Dover already has enough issues with drug abuse None
and attracting young families. Place looks like shit, smells like None
skunk, etc. None
No benefits. The city already has a drug and gang problem None
No one has stopped using marijuana since I was in college in the None
sixties. Why is city making a mountain out of a mole hill? It None
should be regulated like normal products like alcohol, cigarettes, None
and the like. NONE
No positive benefits. None
NO potential benefits, only negative consequences none
None none
None None-
None None The shorter term $$$$ is so not worth it! Price too high
None for current and future Dover residents!
NONE None NO BENEFITS what so ever
None None above
None None at all. Brings nothing but trouble to city & towns.
NONE None crime will rise
None None more trouble and crime and trash and accidents
None None of the above
None None of the above!
NONE None see enclosed responses!
None None that make it worth wile for the burden that will come as a
None result of allowing it.
NONE None this is a gate way drug. And drug dealers will have to make
None their Marijuana more potent by mixing other drugs with it to keep
None there users. The state is now a drug dealer, and you want the city
None to be a dealer. The whole population at risk
None None whatsoever
None None!
None NONE!
None NONE!
None None!
None None!
None None! I expect the health care costs to exceed the benefits.
None None! It should be illegal! It is a gateway drug!
None None! People under the influence of any substance is so easy to
None control! Lack of judgement and increased social issues. Marijuana
None is just the first step towards a life of addiction. If it is not allowed to
NONE smoke regular cigarettes, how come this is?
None None! Robin - fire that idiot police Commissioner and get
none someone who's serious about combating crime. You allow this,
None the door is open for further infiltration, penetration of the cartels,
None street gangs. Clean this city up or leave office.
None None!
None None, as stated above.
none NONE, Just a huge Liability
NONE None, opening up the use of marijuana very dangerous. What
None drug would be next.
None None.
None None.
None NONE. I SEE THE DESTRUCTION OF OUR WAY OF LIFE.
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Item 1.
None. It’s sad you can’t go anywhere anymore with people Safer options for pain management.
driving and smoking just because it’s legal. Unless we are policing Social areas
our people this is not the way to go. Social equity in existing industry
None. Marijuana is still a federally controlled substance. Drugs Some kind of control. If you decide to ban these facilities they
are drugs. Ban guns and constitutional rights but allow legal sale will end up right at the city line where you have no control and will
of weed to make a buck... see none of the benefits listed above. It’s legal now. Nothing
None. There are no benefits only problems. council does will change that fact.
None. Zero. It will only bring down our state’s capital Stoned morons will not need to drive to locations elsewhere in
NONE. DONT SMOKE! the county.
None. I am originally from Delaware and have worked as a social Tax revenue
worker for many years. I currently work in Dover. Increased drug Tax revenue increase.
use always has a negative effect on children and results in more THC has been used for addiction treatment and has been proven
crime. Please keep these facilities out of Dover. to be successful. An ME once told me THC does not hold the
None. I have seen how marijuana has impacted youth and young same mode of addiction as heroin does (it’s psychological, not
adults. It began as occasional use, then more regular use, finally physical). This will improve the community all around.
leading to narcotics. The benefits do not out way the damage it will do to the city
None. Increase Crime, decrease property values, and destroy The city can collect sales tax
lives. The downtown is already not very friendly for the public, so any
None. It will only cause more problems and attract stoners to our other business that is questionable is not a good idea.
city. Who will take responsibility for the increase in DUIs? And an The government should not be allowed to assign licenses for any
increase in traffic fatalities? legal activity. Making a license for a right is abhorrent to the
None. Whoever is in office during the allowance of such constitution, any government entities that do so should be
establishments I will be sure to rally to vote out next election immediately terminated.
Not a benefit The number one benefit in my opinion is medicinal related
not a benefit without the use of medical cards that hinder people from certain
Not a dam thing things
Nothing The only benefit would be profit, but it's not worth the damage
Nothing ! done.
Nothing good can or will come from recreational Marijuana The top dogs get rich and the under privileged are offered yet
legalization. another substance to create an issue that could be life changing
Nothing good will become of this. and hinder the growth of a successful determination to better
nothing positive can benefit from this themselves. Please don’t do this. Please.
one of the many potential benefits of uplifting marijuana related There are no benefits
businesses is the dissolution of the local stigma against medical There are no benefits
and recreational users. There are no benefits
Only benefit will be to the city for the revenue not worrying about There are no benefits other than increasing crime, violence and
public safety and teen age exposure mental health issues.
Only plant for creating jobs; but not having stores around There are NO potential benefits to having marijuana facilities
Out compete the illicit market, and thereby decrease related anywhere in Delaware. We already have gang/crime issues with
crime ; increase property value; etc. limited police protection. All this does is bring more of the shady
Perhaps an end to the fear mongering we’ve lived with all of my characters from New York and PA to Delaware.
life? There are none.
Possible health benefits for those that weren't able to access it There is no benefit
before. There is no benefit
Put the street dealers out of business, and maybe fewer people There is no benefit refer back to question 14
will drink alcohol. There is no benefit to the citizens of Dover
Recreational marijuana should be taxed same as tobacco There is no benefits
products. It will cause as many health issues as regular smoking. There is no benefits. I fully disagree and reject any and all
Plus law enforcement needs to be able to pull cars over from the marijuana usage.
smell of pot. Smoking pot/drinking driving should be treat same. there might be economic and financial benefits in the short term
Reduce illegal black market that is thriving today. but in my view, having marijuana products, facilities etc in the city,
Reduced crime though legal is a bad idea in the long term in my view.
Reduction in crime and violence, increased property values, There should be no potential benefit for marijuana facilities in the
fewer empty storefronts downtown, reduced opioid consumption City of Dover.
and reductions in overdose deaths. Life and vitality to the city. There would be no good benefit, only increased problems.
City is more attractive to Millennials and Gen-Zers. Please do not let this destroy our great little city.
Regulated controls Tourist Dollars
Safer communities, reduced access by minors, reducing the illicit We don't need any of this within the City limits.
market, safer products, less burden on law enforcement.
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Item 1.
What is the difference between liquor stores everywhere? As an Other – Hopefully it would prevent users from buying from dealers
employee in downtown dover, I am in support of retail marijuana & getting marijuana “laced” with something stronger (Fentanyl) for
stores. Other drugs and alcohol are the problem down here. example.
WHEN SHOPPING IN STORES I DO NOT LIKE THE SMELL OF Other - Zero Benefits
THOSE USING MARIJUANA Other – None
Will begin to stop the stigma against the use of the plant. Other – Crime
Hopefully, people will hear about all the medical properties it has. Other – Neg. Social Impact
Zero benefits Other - There are no benefits that will offset the negatives
Zero benefits. All this will do is make more people sell it illegally. Other – Fewer street dealers. You don’t know the quality/safety of
Other – None street weed.
Other – I do not see any potential benefits but medical marijuana Other – The city needs to oversee these retail stores and all other
for patients with terminal conditions aspects of legalizing marijuana.
Other – Less alcohol consumption Other – Just as liquor needs moderation so does this.
None of the above! (No benefits) Other – and for health reasons that are not terminal like sleeping
Other – Do not see any benefits Other – none of the above. While working I have witnessed poor
Other – I don’t think it is good around for the city and in residential job performance, bad forces. Keep marijuana out of Dover, City
or the economics. has enough problems, crime as it is & a bad reputation for crime.
Other – decreasing putting people in jail for possession of drugs Devils workshop. Be cautious!
or smoking it. Other – no benefits/use in crime. Marijuana is a pathway for the
Other – No benefits use of more dangerous drugs.
Other – property tax increase. Bring people downtown to spend Other – Test have proven that marijuana inhibits one’s mind,
money in all retail shops. particularly while driving a vehicle.
Other – None! These facilities should be on the agricultural areas Better Regulation of marijuana products – The only plus is that it
of Dover. Not in or close to the City of Dover! would hopefully not be laced with other worse drugs. Overall, our
Other – I am not sure children are suffering because they do not see the harm they are
Other – There are not any benefits. doing to themselves and one it is a habit, they do not have the
Other – Taxes! maturity yet to be able to stop. This is going to be a major
Other – Keep drug dealers off the street? problem as this generation goes into adulthood with substance
Other – There are no benefits issues.
Other – None on a cost/benefit basis No Benefits!
Other – No benefit to citizens Do not allow these facilities at all! What do not you understand
Other - Don’t see any benefit about the word NO! No marijuana at all!
Other – No Benefit None – Do not approve of recreational marijuana use but our
astute legislature made this into law.
Other - N/A
Freedom to make choices in a human right
Other – Unknown
Other – Usage of already constructed empty buildings
Other – None should be allowed
Other – Stop helping cultivate addicts
Crime – the destroying of downtown dover same as parking
Other – Making it more like alcohol regulations
garage. Please note my vehicle never got fixed or pay to fix it!
Other - Zero
None whatsoever
Other – Less government involvement in our lives
None
None
Other – Employment
More medical use
Other – Lower residential homeowner’s taxes, lower property
None
taxes, school/city/county tax reform for Dover residents. Share
your wealth with us. None
Other – Tourism None, find another way to grow the economy in and around the
City of Dover.
Other – There are no benefits to this drug
None that I know of.
Other – No benefits in our beloved city!
None
Other – Crime increase
None – more addicts
Other – Absolutely none!
None
Other – Marijuana that is regulated & sold is safer that what
people can buy on the streets! I’d much rather have people None
buying marijuana legally in a location that is only sells marijuana Do not see benefits – if there were some, would be offset by
than supporting a drug dealer who may have other dangerous negative results.
drugs. None
Other – Crime increase None of the above
Other – Panhandlers employment No potential benefits
Other – I don’t see how marijuana can make a community better! Better regulations
Safer product
24
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Item 1.
None it has already shown how good it has been, people have already
Avoid illegal sales been good with compliance. Just let it go as is, no need to be in
Put illegal sellers out of business the middle of everything everyone does.
None Don't see any benefits. "They" must want to see the city to go
None "downhill".
None
None – no positive benefit
This should’ve been started in the Nixon Admin instead the DEA
was formed! Crazy!
Against
Absolutely against
Being able to purchase a safe product
Increase tax revenue
I don’t see any potential benefits
Reduced fentanyl and methadone use
Within the old city, none
Absolutely none. I do not support any type of drugs! Next you will
want to make heroin legal! I was born and raised here it used to
be a quiet place to live and raise a family now it has gone to HELL
with no respect for police officers who risk their life
All the Above reasons sound good however, eventually the bad
will outweigh the good.
More harm than good.
Against any drugs in City of Dover
None
Dope City
None at all than higher crimes
None, will lead to more drugs, crime and disorder
None Are you guys $$ hungry & could care less about our youth?
Culture, Quality of Life
Negative impacts make this question completely irrelevant.
safe marijuana free from other drugs mixed in that could harm
users.
Marijuana is being widely used by our youth @ the HS Level.
Major Issues!
Absolutely “NO” benefits marijuana anything will only further
decline positive growth in Dover. Citizens of Dover are tired of
seeing Dover run into the ground. Have some pride. We are
supposed to be the capital of the first state Act like it! Choose
better! Drugs destroy lives + families! ENOUGH!
The potential benefits don’t outweigh the cost of what having it will
do the city.
Don’t be hypocrites! I never got one of these for alcohol. We
voted it in, now just get out of the way!
Let’s be like Cali, stop with being dumb.
Other - Death
Never needed in my lifetime till now.
Absolutely "no" benefits marijuana anything will only further
decline positive growth in Dover. Citizens of Dover are tired of
seeing Dover run into the ground. Have some pride. We are
supposed to be the capital of the First State. Act like it! Choose
better! Drugs destroy lives and families. ENOUGH!
I have seen and smelled. No potential benefits. Kindness,
goodness, patience, consideration, respect. People helping
people.
What is happening to our morals? The state is taken over all the
vices, etc. Is prostitution next?
25
75
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Item 1.
Dover Marijuana Regulations Survey
The City of Dover is actively engaging with its residents to gather valuable input. With the
legalization of marijuana in the State of Delaware, it is important to establish a
comprehensive ordinance that outlines if and where marjuana businesses will be
permitted in the City. Your participation in this process is important to ensure that the
regulations are fair, just, and reflective of the community’s wishes. Your input matters,
and together, we can shape a better and more inclusive future for Dover.
1. What is your age? 5. Do you support allowing any of the
Under 21 21 - 34 35 - 44 following marijuana related uses in the City?
(You can choose multiple responses)
45 - 54 55 - 64 Over 64 Indoor Product
Cultivation Facility Manufacturing
2. What is your gender? Retail Store Testing Facility
Male Female
6. Do you support allowing marijuana cultivation,
Non-Binary Prefer not to answer. manufacturing, and testing facilities in Industrial
and Manufacturing zones with the City of Dover?
3. What Council District do you live in?
Yes
District 1 District 2 District 3
No
District 4 I do not live in the City, but
I own a business in the City. Uncertain
I do not live
in the City.
4. Which of the following policy options do you
support?
Note: if prohibited, it would still be legal for adults (21+) to 7. Do you support allowing marijuana cultivation,
possess marijuana within Dover City limits and use mari- manufacturing, and testing facilities in other
juana on private propertty. Prohibition would NOT apply to locations within the City of Dover? If yes, please list
medical marijuana facilities.
possible locations.
Dover should ALLOW recreational marijuana
businesses within the City without any special Yes:
restrictions.
No
Dover should ALLOW recreational marijuana
businesses within the City with strong controls.
8. Do you support allowing marijuana cultivation
Dover should only ALLOW some recreation- facilities in Agricultural zones with the City of
al marijuana businesses within the City with Dover?
strong controls.
Yes
Dover should PROHIBIT all recreational
marijuana businesses from opening within City No
limits.
Uncertain
Other:
76
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Dover Marijuana Regulations Survey (Page 2)
Item 1.
9. Do you support allowing retail marijuana stores 13. How important is it that there be a buffer or
along the Route 13/Bay Road Corridor within the minimum distance required between marijuana
City of Dover? RETAIL STORES and the following types of places?
Yes No Uncertain
Not at all Somewhat Very
Type of Place Important Important Important
10. Do you support allowing retail marijuana stores Residential
in Downtown Dover? Schools
Yes No Uncertain Daycares
Hospitals
11. Do you support allowing retail marijuana stores Parks
in other locations within the City of Dover? If “yes”
Rehabilitation
please respond where in other section.
Centers
Yes No Other:
14. What concerns do you have about allowing
marijuana related facilities in the City of Dover?
12. How important is it that there be a buffer or (You can choose multiple responses)
minimum distance required between marijuana Increased Crime Traffic Congestion
CULTIVATION, MANUFACTURING, and
Decreased Environmental
TESTING FACILITIES and the following types of
property values Impact
places?
(Please denote with an ‘X’ under the appropriate column) Noise Odor
Not at all Somewhat Very Impact on Youth Other:
Type of Place Important Important Important
Residential
Schools 15. What potential benefits do you see in allowing
Daycares marijuana related facilities in the City of Dover?
(You can choose multiple responses)
Hospitals
Parks Economic Growth Job Creation
Rehabilitation Increased Better Regulation of
Centers Licensing Revenue Marijuana Products
Other:
Mail to: Or drop off at:
• Dover Public Library
City of Dover - Marijuana • Customer Services
Survey (Weyandt Hall) Scan to complete online:
PO Box 475 • City Hall lobby
Dover, DE 19903 • John W. Pitts Rec Center.
77
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Item 1.
City of Dover Recreational
Marijuana Ordinances
Business Licensing & Zoning
September 24, 2024
78
Page 79
Overview of Presentation Item 1.
• Guide to Packet Materials
• Timeline to Date
• Survey Results
• Q&A from August 5 Meeting
• Ordinance Options
• Next Steps
79
Page 80
Item 1.
Guide to the Packet
80
Page 81
Guide to Packet Item 1.
1. Draft Ordinances
2. Draft Amendments
3. White Paper
4. Q&A from August 5 Discussion
5. Summary of Survey Results
6. Presentation Slides
81
Page 82
9/26/2023
Item 1.
Dover City Staff briefed CCW on Marijuana Control Act (MCA)
4/9/2024
CCW discussed options for addressing MCA
Timeline to Date 6/11/2024
CCW discussed two draft ordinances and requested additional research.
7/9/2024
CCW recommended a moratorium on recreational marijuana uses through 12/31/2024. Survey
was extended through 8/31/2024.
7/22/2024
City Council passed moratorium.
8/5/2024
L&F Special Meeting
8/19/2024
OMC began accepting applications
9/11/2024
82
Marijuana Control Act regulations went into effect
Page 83
Item 1.
Survey Results
83
Page 84
Survey Update Item 1.
• Promotion:
• Link on front page of website
• Link shared with City council
7/2/2024 7/15/2024 8/31/2024 • Landing Page on City Website
• Online Survey
Launched
• Paper Survey
Available at Public
• Survey period
closed • Mailed with utility bills
City Buildings &
• Paper Survey • Available at public City buildings
Mailed with Utility
Bills
• Total Participation
• Online Responses: 1,408
• Paper Survey Responses: 820
• 2,228 Total
84
Page 85
Comparing Demographics: Age Item 1.
Survey Respondents Dover Population
Under 21:
1%
21-34:
16% 65+
17%
Under 20
Over 64:
25%
37% 55-64
35-44: 10%
17%
45-54 20-34
10% 26%
45-54:
55-64: 35-44
13%
15% 12%
85
Page 86
Comparing Demographics: Gender Item 1.
Survey Respondents Dover Population
Non-Binary Prefer not to
1% answer
3%
Male
Female Male
Female 46%
49% 47%
54%
86
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Respondent Residency Item 1.
N
District 1: D3
Do not live in 17%
City: D1 D4
22%
Do not live in
City, but own a
business in District 2:
City:, 4% 19%
Unknown: D2
10%
District 4: District 3:
9% 19%
87
Page 88
Item 1.
Which of the following policy options do you support?
Options Other
Dover should ALLOW recreational marijuana 749 34% 1%
businesses within the City without any
special restrictions.
Dover should ALLOW recreational marijuana 289 13%
businesses within the City with strong
controls.
Dover should only ALLOW some recreational 262 12% ALLOW without any
marijuana businesses within the City with restrictions
strong controls. 34%
Dover should only PROHIBIT all recreational 886 40%
PROHIBIT all
marijuana businesses from opening within 40%
City limits.
Other 37 2%
N= 2223
ALLOW all with
strong controls
Common themes for “Other”: ALLOW some with
13%
• Treat like alcohol (8) strong controls
• Too much addiction in the City (3) ALLOW
12%
• Medical only (3) 58%
• Unsure what “strong controls” means (3)
88
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Do you support allowing any of the following marijuana related Item 1.
uses in the City? (You can choose multiple responses)
Options 1250
Cultivation 1059 48%
Manufacturing 1003 45% 1200 1188
Retail 1188 53%
Testing 1068 48% 1150
All Respondents 2228
1100
1068
1059
1050
1003
1000
950
900
Cultivation Manufacturing Retail Testing
89
Page 90
Do you support allowing marijuana cultivation, manufacturing, Item 1.
and testing facilities in Industrial and Manufacturing zones
within the City of Dover?
Options
Yes 1148 52% Uncertain
7%
No 917 41%
Uncertain 146 7%
N= 2211
Yes
No 52%
41%
90
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Do you support allowing marijuana cultivation, manufacturing, Item 1.
and testing facilities in other locations within the City of Dover?
Options Other
3%
Yes 837 38% Uncertain
9%
No 1117 50%
Uncertain 213 10%
Other 61 3%
N= 2228
Yes
38%
Common themes for “Other”:
No
• Anywhere/Everywhere (24) 50%
• Ag/Industrial/Manufacturing areas (13)
• Anywhere, except near schools (5)
91
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Do you support allowing marijuana cultivation facilities in Item 1.
Agricultural zones within the City of Dover?
Options
Uncertain
Yes 1151 52%
6%
No 926 42%
Uncertain 139 6%
N= 2216
Yes
No 52%
42%
92
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Do you support allowing retail marijuana stores along the Item 1.
Route 13/Bay Road Corridor within the City of Dover?
Options
Uncertain
Yes 1192 54% 4%
No 940 42%
Uncertain 89 4%
N= 2221
No Yes
42% 54%
93
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Do you support allowing retail marijuana stores in Downtown Item 1.
Dover?
Options
Uncertain
Yes 1008 45%
4%
No 1131 51%
Uncertain 81 4%
N= 2220
Yes
45%
No
51%
94
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Do you support allowing retail marijuana stores in other Item 1.
locations within the City of Dover?
Options
Yes 976
No 1141 Other 175
Other 175
N= 2292
No 1141
Common themes for “Other”:
• Anywhere/Everywhere (51)
• Rt 13 (9)
• Rt 8 (14)
Yes 976
0 200 400 600 800 1000 1200
95
Page 96
How important is it that there be a buffer or minimum distance Item 1.
required between marijuana cultivation, manufacturing, and
testing facilities and the following types of places?
Schools Daycares Rehabilitation Centers
Not at all 284 13% Not at all 297 14% Not at all 461 21%
Somewhat 258 12% Somewhat 253 12% Somewhat 342 16%
Very 1632 75% Very 1632 75% Very 1353 63%
N= 2174 N= 2182 N= 2156
2000 Schools 2000 Daycares 1600 Rehabilitation Centers
1632 1632 1353
1400
1500 1500 1200
1000
1000 1000 800
600 461
342
500 284 258 500 297 253 400
200
0 0 0
Not at all Somewhat Very Not at all Somewhat Very Not at all Somewhat Very
96
Page 97
How important is it that there be a buffer or minimum distance Item 1.
required between marijuana cultivation, manufacturing, and
testing facilities and the following types of places? (Cont.)
Parks Residential Hospitals
Not at all 556 26% Not at all 582 27% Not at all 631 29%
Somewhat 391 18% Somewhat 391 18% Somewhat 354 16%
Very 1217 56% Very 1195 55% Very 1184 55%
N= 2164 N= 2168 N= 2169
1400 Parks 1217 1400 Residential 1195 1400 Hospitals 1184
1200 1200 1200
1000 1000 1000
800 800 800 631
556 582
600 600 600
391 391 354
400 400 400
200 200 200
0 0 0
Not at all Somewhat Very Not at all Somewhat Very Not at all Somewhat Very
97
Page 98
How important is it that there be a buffer or minimum distance Item 1.
required between marijuana retail stores and the following
types of places?
Schools Daycares Rehabilitation Centers
Not at all 265 12% Not at all 334 15%
Not at all 455 21%
Somewhat 287 13% Somewhat 270 12%
Somewhat 367 17%
Very 1619 75% Very 1566 72% Very 1326 62%
N= 2171 N= 2170 N= 2148
Schools Daycares Rehabilitation Centers
2000 2000 1500 1326
1619 1566
1500 1500
1000
1000 1000
455 367
287 334 270 500
500 265 500
0 0 0
Not at all Somewhat Very Not at all Somewhat Very Not at all Somewhat Very
98
Page 99
How important is it that there be a buffer or minimum distance Item 1.
required between marijuana retail stores and the following
types of places? (Cont.)
Parks Hospitals Residential
Not at all 574 27% Not at all 656 30% Not at all 666 31%
Somewhat 381 18% Somewhat 349 16% Somewhat 359 17%
Very 1206 56% Very 1150 53% Very 1138 53%
N= 2161 N= 2155 N= 2163
Parks Hospitals Residential
1138
1500 1500 1200
1206 1150
1000
1000 1000 800 666
574 656
600
381 349 359
500 500 400
200
0 0 0
Not at all Somewhat Very Not at all Somewhat Very Not at all Somewhat Very
99
Page 100
What concerns do you have about allowing marijuana related Item 1.
facilities in the City of Dover? ? (You can choose more than
one)
1600
Options 1400 1338
Increased Crime 1145 1200 1145
Decreased Property 902 1000
998
902
Value
Noise 622 800
622
575
Impact on Youth 470 600
470 447
Traffic Congestion 998 400
Environmental Impact 575 200
Odor 1338 0
Other 447
100
Page 101
What potential benefits do you see in allowing marijuana Item 1.
related facilities in the City of Dover? (You can choose more
than one)
1400
Options 1200 1146
1119 1127
994
1000
Economic Growth 1146
Increased Licensing Revenue 1119 800
Job Creation 994
600
Better Regulation of Marijuana Products 1127 477
400
Other 477
200
0
Economic Growth Increased Licensing Job Creation Better Regulation of Other
Revenue Marijuana Products
101
Page 102
Survey Themes and Trends Item 1.
• Majority (58%) favor allowing • Biggest concerns (over 1000
recreational marijuana selected) are odor and increased
businesses within the City crime
• Distancing support strongest for: • Biggest potential benefits of
• Schools interest (over 1000 selected) are
• Daycares economic growth, better
• Rehabilitation Centers regulation of marijuana
products, and increased
licensing revenues
102
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Item 1.
Questions Asked
103
Page 104
Questions from August 5 Item 1.
Q: If issued a Conversion Q: Will cultivation facilities be
License, will facilities need to allowed in Agricultural
remain not-for-profit? Preservation Districts?
A: No, however, facilities must A: The DE Department of
be able to demonstrate that Agriculture did not have a
they can continue to support clear answer on this.
medical supply.
104
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Questions from August 5 Item 1.
Q: Can our water and electric Q: What technology is used
departments meet the for odor mitigation?
demand for cultivation
facilities without
potential adverse effects A: Most common filtration
to our overall systems? system is carbon filtration.
Others include biofilters
and ozone generators.
A: Yes. However, applicants for
these uses may need to pay
for upgrades.
105
Page 106
Dover Utility Systems Item 1.
Water System
• Modeled based on 108 Tgal/day and 75 Tgal/month for all IPM/M/A
properties.
• Some locations would require upgrades.
• Some locations would fail to meet fire flow requirements at that site.
• Possible code amendment to clarify that off-site water main upgrades
may be required by the owner/developer.
• At 108 Tgal/day would be 4th largest water customer
• At 75 Tgal/month, water revenue would be $275/month or
$3,300/year 106
Page 107
Dover Utility Systems Item 1.
Electric System
• Assuming a 100,000 SF facility at 5.36 kwh/SF
• Annual usage of 6.432 MW
• Fourth largest user in system
• System can support this demand
• Fiscal Impact
• Gross Revenue approximately $462,500/year
107
Page 108
Item 1.
Ordinance Development
108
Page 109
Ordinance Options Item 1.
Prohibit Permit Permit with Restrictions
The City may enact a The City may enact a If the City permits
policy prohibiting all policy allowing recreational marijuana
recreational marijuana recreational marijuana uses in certain zones,
businesses within City businesses to open as additional restrictions
limits. permitted uses within may be implemented to
certain zones. regulate the time,
place, or manner in
DOING NOTHING WILL which businesses
DEFAULT TO operate.
PERMITTING USES.
109
Page 110
Permit with Restrictions Item 1.
Distancing Requirements Additional Requirements
• May be used to prevent a • Limiting hours of operation,
marijuana facility from opening requiring added odor control,
near incompatible uses, such as specifying architectural design and
schools. signage standards, prohibiting
• Evaluation is needed to ensure that outdoor seating, etc.
a proposed location meets any/all
distancing requirements, which
creates administrative workload for
staff.
110
Page 111
Timeline Moving Forward Item 1.
September October November December January February
March 2025
2024 2024 2024 2024 2025 2025
Retail &
Conversion Cultivation Manufacturing
State Regulations Licenses Testing
Licenses Licenses
Process in Effect Issued Issued Licenses
Issued
Issued
Council
City Rec from First PC Public
Hearing &
Ordinances CCW Reading Hearing
Action
Moratorium Expires 12/31/2024
unless extended
111
Page 112
Item 1.
Decisions Needed
112
Page 113
Should the City Allow Marijuana Uses? Item 1.
•Uses •If yes, what zones?
• Cultivation • Cultivation – A, M, IPM, other?
• Manufacturing • Manufacturing – M, IPM, other?
• Testing • Testing – M, IPM, other?
• Retail Stores • Retail Stores – C-4, C-2, other?
113
Page 114
Should the City Impose Distancing Item 1.
Requirements?
•If yes, from what? •If yes, how far?
• K-12 schools • 100 feet
• Daycare centers • 250 feet
• Substance • 500 feet
rehabilitation centers • 1,000 feet
• Residential zones
• Military Installations
• Colleges & Universities 114
Page 115
Other questions Item 1.
• If retail is allowed in C-2 • If distancing requirement is
(downtown CBD), should the imposed, should there be an
number be limited, and exemption for Conversion
should it be a conditional Licenses?
use? • See Amendment 2
• See Amendment 1
115
Page 116
Ordinance Options Item 1.
Prohibit Permit Permit with Restrictions
The City may enact a The City may enact a If the City permits
policy prohibiting all policy allowing recreational marijuana
recreational marijuana recreational marijuana uses in certain zones,
businesses within City businesses to open as additional restrictions
limits. permitted uses within may be implemented to
certain zones. regulate the time,
place, or manner in
DOING NOTHING WILL which businesses
DEFAULT TO operate.
PERMITTING USES.
116
Page 117
Item 2.
COMMITTEE ACTION FORM
PROCEEDING: CCOW Legislative, Finance & Administration
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 8/30/2024
PREPARED BY: David S. Hugg III, City Manager
SUBJECT: Disposal of Surplus Property at 423 Collins Drive under Exemption E.
REFERENCE: Article V, Section 2-245
RELATED PROJECT:
REVIEWED BY: Davis S. Hugg, III, City Manager and Patricia Marney, Interim Controller / Treasurer
EXHIBITS: Area Map, Solicitor’s Opinion CDHH inquiry
EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
TIMETABLE: As soon as possible to facilitate building
STAFF RECOMMENDATION: Approve sale/donation to Central Delaware Habitat for Humanity.
BACKGROUND AND ANALYSIS
423 Collins Drive is a small undeveloped lot that came into City ownership by way of monition sale on April29,
2014. We paid $19,000 for it. I have copies of the monition sale order and deed but no information on why we
bought it. We contract for mowing it (around$1,400 per year) but do not use it for any purpose or provide any
equipment for a recreational use. It has an appraised value of $39,200. It is slightly rectangular in shape and
comprises about 6,800 square feet.
Some time ago (February 2024) Central Delaware Habitat for Humanity reached out to inquire about
purchasing it to build one of their residences. Our code allows for disposal of surplus property in Article V,
Section 2- 425, normally by auction or bid. Habitat has offered to buy the property for $24,000.
I have discussed this property with city departments, and none have any use or interest in it so I can declare it
surplus. Among the exceptions to the code established standard sale of surplus processes are:
Exceptions to standard method of disposition.
(1) Exception A—Sale to an abutting owner. When, in the opinion of city council, a public sale would be
detrimental to the lands of an abutter, and/or that a public sale would place the abutter at undue risk; or that the
combination of abutter's land and city's land would be substantially greater in value than that of the sum of the
parcels considered individually, city council may direct the city assessor to have prepared one or more unbiased
fee appraisals of the parcel. Thereafter, the subject land will be offered for sale to the said abutter at the
appraisal price, plus the appraisal fees, plus the legal costs. In the event the offer is not accepted, a public sale
may be ordered.
Examples of detrimental affect might be when the surplus city parcel lies between an abutting property and the
street and development of the parcel would obstruct visibility of the abutter's property, or when
the surplus parcel is zoned multi-family and abuts a single-family parcel.
(2) Exception B—Trade of lands. Trade of lands may be approved when it is shown beyond doubt that such a
trade will be equal to or better than the lands to be traded either on a "square foot for square foot" measure
117
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Item 2.
and/or on a "dollar for dollar" measure.
(3) Exception C—Conveyance of odd shaped and/or unbuildable parcels. City acquisitions for roads, utility
usages, etc. may, after such usage is accomplished, leave a small strip of land that is odd shaped and
unbuildable. City council may approve the conveyance of this strip of land to an abutting property owner on
request of said owner. The price for these lands shall be at the same cost basis as that paid by the city. If
conveyance is made in excess of two years after the date of city acquisition, then the consideration shall either
be based on a price established by an unbiased fee appraisal made on the basis of the value added to the
abutting property by the acquisition of said lands, or on the city's cost basis for the parcel adjusted for inflation,
whichever city council shall select. All fees, legal or otherwise, associated with the conveyance are to be paid
by the purchaser.
(4) Exception D—Sale of small or irregular shaped lot to an abutting owner. If any excess parcel of land is too
small or irregular in shape to be of any value to anyone other than an abutting owner, it may be sold to such
owner at either its fee appraised fair market value, or at its fair market value as established by the city's
assessment records, whichever city council shall select. The costs of the appraisal and all legal costs shall be
paid by the owner requesting the conveyance.
(5) Exception E—Donation of land to non-profit organizations. If, in the opinion of city council, the donation of
a parcel of excess land to a non-profit organization would be in the best interest of the city, council then
reserves unto itself the right to make such donation.
I contacted Nick Rodrequez to determine if we could sell it for either $19,000 as paid originally or $24,000 as
offered and consider the difference a donation. Exception E applies although it addresses donation, not sale to a
non-profit.
Recommendation: Mr. Rodrequez indicated that Exception E would apply, and council could authorize sale to
CDHH, (a non-profit organization) for either amount with the difference considered a donation. Although the
city has maintained the parcel since 2014, I recommend sale/donation of the parcel at 423 Collins Drive to
Central Delaware Habitat for Humanity for $19,000 with CDHH paying all appropriate legal fees and
settlement costs.
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Item 3.
ACTION FORM
PROCEEDING: CCOW - Legislative. Finance & Administration Committee
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 9/04/24
PREPARED BY: David S. Hugg III, City Manager
SUBJECT: Disposal of Surplus Property Adjacent to 600 Forest Street - Parcel ID ED05-076.12-02-75.00
REFERENCE: Sec. 2-425(D) Sale to Adjacent Owner
RELATED PROJECT: West Grand, LLC Development Project (request from Erin Barrett, daughter of
owner)
REVIEWED BY: Davis S. Hugg, III, City Manager and Patricia Marney, Interim Controller / Treasurer
EXHIBITS: Survey and Property Card.
EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
TIMETABLE: As soon as possible
STAFF RECOMMENDATION: Approve sale of surplus property to adjacent property owner
BACKGROUND AND ANALYSIS
The history behind this request is important to understanding the recommendation. This parcel has been
consistently listed in the county tax records as being owned by Linda Duncan and part of the parcel addressed
as 600 Forest Street. However, the general city management opinion is that it should be considered as city-
owned, along with the extension of S. Kirkwood Street (aka Jerusalem Street) and the small triangle where the
city clock is located.
In order to resolve the ownership interest, staff reached out to Becker Morgan who had completed a recent
survey on behalf of Erin Barrett. Becker Morgan traced title back to the early 1900’s and based on this research
their opinion is the City of Dover does own the area in question. They found a deed from 1901, that sells a
larger piece of property from Hartnett (Lumber Company) to Delaware Railroad Company. This piece of
property includes a good portion of Duncan property, the area in question and the triangle piece on east side of
connector road.
This property remained owned by the DE RR Co. until 1958, when they then started selling portions of it. The
first deed out was to the City of Dover in 1958 and based on the description in the deed it includes the area in
question, the connecter road, and the triangle piece. In 1959 the DE RR Co. then sold a large piece to the State
of Delaware, which is adjacent to the subject property to the west and south. In 1961, they sold two small pieces
of remaining lands back to Hartnett, which then was sold to Duncan in 1999, along with a small triangular
piece, which is the northern portion of subject property.
Although the county tax parcel files do not agree, the attached survey shows a small parcel of city-owned
property on Forest Street west of the extension of S. Kirkwood Street (aka as Jerusalem Way). The daughter of
the owner (Erin Barrett) has reached out to see if the city would agree to sell this area to allow her more
flexibility to develop the adjacent parcel that they own. For years, based on the County tax parcel files, we have
assumed that the entire triangle including the point where a city clock is located was part of the Duncan
properties. With this new survey that small area is now confirmed as city owned. It is surplus to our needs and
under the code provisions relating to surplus city property seems to fall under Section 2-425 (D) sale to an
abutting owner. The Solicitor confirmed that Sec.2-4325(D) could apply.
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Item 3.
Subsequently, GIS and Assessor staff worked with Kent County to create a separate parcel ID, determine the
acreage and provide an assessment of value. The parcel ID is ED05-076.12-02-75.00, encompassing 0.21 acres
with an assessed value of $54,600.
RECOMMENDATION:
Sec. 2-425(D) states that an exception to the standard means of disposal includes:
Exception D—Sale of small or irregular shaped lot to an abutting owner. If any excess parcel of land is too
small or irregular in shape to be of any value to anyone other than an abutting owner, it may be sold to such
owner at either its fee appraised fair market value, or at its fair market value as established by the city's
assessment records, whichever city council shall select. The costs of the appraisal and all legal costs shall be
paid by the owner requesting the conveyance.
Staff recommends that this parcel be offered to Erin Barrett at its current assessed value, that no appraisal is
warranted, and that the buyer pay all legal fees.
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Item 3.
24x36 24x36
24x36 24x36
24x36 24x36
24x36
ARCH I T E C TURE 24x36
ENG I NE E R I NG
Delaware
24x36 24x36
309 South Governors Avenue
Dover, DE 19904
302.734.7950
24x36
The Tower at STAR Campus 24x36
LANDS N/F 100 Discovery Boulevard, Suite 102
LAKSHYA LLC Newark, DE 19713
T.P.: 2-05-07612-02-4600-000
24x36 ZONING - C2A 302.369.3700 24x36
Maryland
312 West Main Street, Suite 300
24x36
15
15 Salisbury, MD 21801 24x36
410.546.9100
15
15
15
EX. North Carolina
15
RR
15
8"S
15
15
15
24x36
15
15 3333 Jaeckle Drive, Suite 120 24x36
15
EX. 15" R Wilmington, NC 28403
15
CP
EX. 8"W FOREST STREET 15
15
15
EX. 6"W 910.341.7600
15 15
W.V.
EX. 15" RCP
24x36
56' WIDE RIGHT OF WAY 15
15
15
W.V. www.beckermorgan.com 24x36
MINOR ARTERIAL
15
EX. C.B.: 29
15
15
SANITARY SEWER GRATE: 28.25' 15 C-EX-U-SD-MH-4ID
15
INV.: 25.30' EX. SAN. MH.: EX. S.D. MH.:
LINE RIM: 29.04'
24x36
EX. 18"S INV.: 23.39' 24x36
18
SIDEWALK
24x36 24x36
S 70° 02' 28" E 230.09' 18
SPK
FIPC
24x36 24x36
29 LARGE TREE 18
15' B.R.L.
. 18
S1 EX
24x36
1° "S
24x36
' 29
90 56
18
2. GRASS
'4
14 29 AREA 1"
LANDS N/F E
24x36
LANDS N/F 24x36
LINDA DUNCAN THE CITY OF DOVER 18
EX. 1 P
/DS
T.P.: 2-05-07612-02-4400-000 DEED REF.: D-21/465
DEED REF.: 1825/297 & 11546/139 ZONING -IO
3
"W
8
24x36
ZONING - C2A 24x36
EX. 18" RCP NAD
18
EX. C.B.: 22,291 SQ.FT. ± 5'
ST
.L.
5'
AN
GRATE: 28.83'
B.R
B.
INV.: 26.78' R.
RMOF WA
24x36
EX L. Y 24x36
.8 18 28
"R E
K T
F.H.
CP W.V.
C-EX-U-SD-MH-4ID
C RI GH N
OO IDE CAL
RADIUS: 80.00'
ARC LENGTH: 42.12'
24x36
LANDS N/F
29
CHD. BRG: N 67° 41' 59" W
30
EX L 63' W LO
24x36
W
18
30 .1 15
THE STATE OF DELAWARE CHD. LENGTH: 41.63' 10 5"
27
T.P.: 2-05-07612-02-4300-000 7.2 30
RC
FORMALLY KNOWN AS S. WEST STREET 0' C P
24x36 N 52° 21' 04" W 3 0" R 30 EX. C.B.:
P
24x36
ZONING - IO EX.
15
18
15.00' GRATE: 26.42'
.R.L. 30
INV.: 20.27'
EX 5' B FPK C-EX-U-SD-MH-4ID
.4 INV.:21.17' W.V.
24x36
"W 28 INV.:19.82' 24x36
FIPC 36
EX EX
N INV. OUT: 19.22' .1
SIRC .1
17 15
5" "W
°3 EX. C.B.:
36
RC
3' EX. SAN. MH.:
EX
24x36
P 24x36
47 GRATE: 27.11' PROJECT TITLE
RIM EL.: 27.38'
RADIUS: 50.00' . 8"
36
"W ARC LENGTH: 53.41'
INV.: 19.22' 15
INV. :15.68'
RC EX
CHD. BRG: N 48° 09' 59" W P 36 .1
24x36 CHD. LENGTH: 50.91' RADIUS: 76.00'
"S
8"
S LANDS OF 24x36
ARC LENGTH: 119.62' . 20
36
EX 15
SPK
F.H.
CHD. BRG: S 83° 44' 22" W
CHD. LENGTH: 107.65'
"R
C P
36
EX. SAN. MH.:
RIM EL.: 27.38'
W
LINDA
36 INV. :24.27' 6"
.
DUNCAN
C-EX-U-SD-MH-4ID
EX. C.B.: 27 .
EX
24x36 24x36
W.V. EX
GRATE: 28.75' 36
INV.: 25.10'
W.V. 36 28
W.V. EX. 8" RCP
24x36
LANDS N/F 24x36
W.V.
DEL. R.R. REAL ESTATE AGENT 36
T.P.: 2-05-07608-01-4500-000 SPK UPRIGHT CURB
TYP.
C-EX-U-SD-MH-4ID
ZONING - TND
29
24x36 24x36
EX. EX. S.D. MH.:
4"W RIM: 28.44'
36
INV.: 18.89' SITE DATA
24x36 24x36
1. OWNER OF RECORD: LINDA DUNCAN
36
W.V.
3936 ALOHA LANE
600 FOREST STREET
BONITA SPRINGS, FLORIDA 341134 CITY OF DOVER
24x36
36 EX
2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC.
309 SOUTH GOVERNORS AVE.
KENT COUNTY, DELAWARE 24x36
.3
"W 6" DOVER, DELAWARE 19904
.4 SHEET TITLE
EX RC 302-734-7950
24x36
P 24x36
36
3. PROPERTY LOCATION: 600 FOREST STREET DOVER, DE 19904
LATITUDE GRS80 - NAD83 (2011)
LONGITUDE GRS80 - NAD83 (2011)
BOUNDARY &
24x36
36
EX. BUILDING 4. TAX PARCEL NUMBERS: 2-05-07612-02-4400-000 .TOPOGRAPHIC 24x36
PAVED C-EX-U-SD-MH-5ID
5.
6.
DEED REFERENCE:
TOTAL AREA:
D1825/297 & 11546/139
22,291 ACRES ±
.SURVEY
ROAD LANDS N/F
24x36
RSS JPMBB 2014-C23-DE TDC,LLC
T.P.: 2-05-07612-04-1100-000
7. ZONING CLASSIFICATION: C2A - LIMITED COMMERCIAL . 24x36
EX. BUILDING 36
DEED REF.: D11621/180 7. SETBACKS: FRONT YARD: 15FT.
ZONING - IO
24x36
SIDE YARD: 5FT. 24x36
36
P REAR YARD: 5FT.
RC
" 8. BULK REQUIREMENTS: MINIMUM LOT AREA: NA
.? 36
24x36 EX MINIMUM LOT WIDTH: NA 24x36
BUILDING HEIGHT: 6 STORIES / 75 FT
IMPERVIOUS: NA
36
0 10 20 40
9. PRESENT USE: VACANT
24x36 24x36
C-EX-U-SD-MH-5ID
10. SOURCE OF WATER: CITY OF DOVER
Do Not Explode - Select Scale
11. SOURCE OF SEWER: CITY OF DOVER
SCALE: 1" = 20'
24x36
12. SOURCE OF GAS: CHESAPEAKE UTILITIES 24x36
SURVEY LEGEND C-1-NOTES-LEGEND-SURVEY
13. SOURCE OF ELECTRIC: CITY OF DOVER ISSUE BLOCK
ITEM EXISTING PROPOSED 14. PRESENT USE: GREEN SPACE
24x36
UNMARKED POINT 15. ROAD CLASSIFICATION: FOREST ST. - MINOR ARTERIAL - 25 M.P.H. 24x36
CONCRETE MONUMENT FCM SCM 16. SURVEY DATUM: NGS MONUMENTS
VERTICAL: E
IRON PIPE FIP SIP
HORIZONTAL: H
24x36 24x36
IRON PIPE W/ CAP FIPC
17. SURVEY UNIT: LINEAR: US SURVEY FOOT
IRON ROD FIR SIR ANGULAR: DEGREES MINUTES SECONDS (DMS)
COORDINATE: GROUND
24x36
IRON ROD W/ CAP FIRC SIRC
24x36
18. MONUMENTATION: 2 FOUND
DRILL HOLE FDH SDH
STONE FSTONE
19. SURVEY CLASSIFICATION: SUBURBAN SURVEY
.
. . .
24x36 PK NAIL FPK SPK 24x36
MARK DATE DESCRIPTION
GENERAL NOTES LAYER STATE: SVY-20
SURVEYOR CERTIFICATION 1. THE BOUNDARY DATA SHOWN HEREON WAS COMPILED FROM A FIELD RUN SURVEY PERFORMED BY
PROJECT NO.: 2024088.00
24x36 24x36
BECKER MORGAN GROUP, INC., DOVER, DE., IN JUNE 2024. DATE: 08/06/24
I, JEFFREY C. DODD, REGISTERED AS A PROFESSIONAL LAND SURVEYOR IN THE STATE OF DELAWARE, HEREBY
STATE THAT THE INFORMATION SHOWN ON THIS PLAN HAS BEEN PREPARED UNDER MY SUPERVISION AND 2. THE BOUNDARY LINES PORTRAYED HEREON HAVE BEEN ESTABLISHED BASED SOLELY ON PHYSICAL
MEETS THE STANDARDS OF PRACTICE AS ESTABLISHED BY THE STATE OF DELAWARE BOARD OF EVIDENCE DISCOVERED IN THE FIELD IN CONJUNCTION WITH DETERMINATIONS DERIVED FROM SOURCE OF SCALE: 1" = 20"
PROFESSIONAL LAND SURVEYORS. ANY CHANGES TO THE PROPERTY CONDITIONS, IMPROVEMENTS, TITLE AND ADJACENT DEED RECORD INFORMATION.
DRAWN BY: C.T.M. PROJ. MGR.: J.C.D.
24x36 24x36
BOUNDARY OR PROPERTY CORNERS AFTER THE DATE SHOWN HEREON SHALL NECESSITATE A NEW REVIEW 3. PROPERTY SHOWN HEREON IS SUBJECT TO ANY RIGHT-OF-WAY, EASEMENTS, RESTRICTIONS, ETC. AS
AND CERTIFICATION FOR ANY OFFICIAL OR LEGAL USE. MAY BE SHOWN OR NOTED IN ANY RECORD, PUBLIC OR OTHERWISE, OR ANY REQUIREMENT OR SHEET
REGULATION OF ANY PUBLIC AGENCY.
24x36
JEFFREY C. DODD P.L.S.NO. 782 DATE FCM
1 OF 1COPYRIGHT 2023
24x36
F:\AutoCAD\Projects\2024\2024088\DWG\2024088-SVY-C3D21.dwg, Aug 06, 2024 - 4:15pm
.PDF
24x36 24x36
124
2024-08-06
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Page 125
Item 4.
CITY OF DOVER
CITY MANAGER’S OFFICE
TO: Council President, Members of Council, City Clerk
FROM: David Hugg, City Manager
DATE: September 19, 2024
SUBJ: State Pension Plan Initiative - Path forward
For a couple of years, particularly during the budget process, city staff have discussed whether joining
the State’s County and Municipal General Pension Plan would be a benefit of value to employees and
the city. Police and Fire system employees are already eligible to participate in the State’s Public Safety
Pension Plan, so the universe of potential participants is reduced somewhat.
Our initial efforts were not well thought out due to a competing variety of major policy and budgetary
issues, resulting in confusion and premature actions, particularly involving the State Pension Office.
Therefore, not wanting to act in a misguided manner, I am proposing the following Plan:
We need to determine and maintain an inventory of individuals who could qualify as participants, and
we need to advise potential participants of the specifics of the State Plan, qualifications, relationship to
other city plans (such as 401(a) and 457). I envision this as one of several opportunities to present the
state program and address questions, hosted by HR with State Pension Office staff as appropriate. These
would be general informational sessions. Naomi has gathered information about the universe of pension
plan participants (see included table).
Then, we need to get expression of interest, so we know who and how many are actually interested.
This will assist in determining the actual sign-up process (forms, locations, etc. and any other
requirements.
At that point we will be in a position to undertake council and state pension board inquires and initiate
the council approval process. Naomi had suggested that we first need another resolution date for the
pension board to approve. I recommend we start with understanding the level of interest.
We will need to complete a resolution letter with a new effective date, after which Council needs to
approve the letter in open forum. Once the letter is approved by Council, then we need to send it over
to the pension board and await their approval. Council’s approvals are critical as is state acceptance of
our request, but I do not want to set an effective date commitment to the rest of the process until we
have a much better sense of interest. It may not be meaningful or efficient to establish a new pension
option if we only have a limited number of interested and eligible parties.
If approved by council, then HR can schedule smaller meetings for employees to record their final
choice/decision, after which the list must be finalized and approved by council. All eligible employees
must confirm their decision in writing (form to be available).
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Item 4.
Also, we need to confirm who will be included in the pension or if employees will be given a choice. The
State plan offers many options for employees to participate in the plan. Options include the city buying
in time for employees as well. Note: many current employees are participants in the prior (closed) City
General Pension Plan (a defined contribution plan) and not eligible to join, etc. This is a very important
council policy step to be successful with this undertaking.
Tentatively our policy proposal is along the following lines (my understanding of our intensions):
• All newly hired employees must be in state pension after the effective date without a city
contribution to IRA money funds.
• The city will not buy in time on behalf of any participant; participants can do whatever state
allows.
• The standard state pension charge (designated percent after the first $6000) will be deducted
from employee pay as required.
• All existing eligible employees must make an irreversible decision to participate or not by a date
certain to be determined.
• Employees joining the state pension can continue to participate in any of the IRA based money
funds, but the city will not contribute to any matching amount.
• Employees who reject the state plan can continue in the IRA money funds (401a and 457) and
the city will continue to match at the current approved levels.
Next steps – Assignments for HR due by December 31
• Hold a general info session(s) with everyone who might be eligible; this can be organized as
desired, can be virtual or in person. These should happen in the next 30 days.
• Develop an FAQ’s document or use whatever the State has and collect any questions from our
employees so we can have one clear document to share.
• Resolve any outstanding participant questions and share as appropriate.
• Summarize level of interest/eligibility and prepare report.
• Assist in finalizing proposal for council.
• Draft necessary resolution(s) and prepare Council Action Form. Tentative target for
Council/Committee consideration by 1st Council meeting January.
Current Status Number of Pension Participants
• General pension fund 77 (not eligible)
• Police Pension Fund 106 (not eligible)
• Roth IRA 5
• 457 Mission Square 46
457 Nationwide 4
• Fire Pension Fund 1 (not eligible)
• 401 (a) 193
• Newly hired since 7/1 6
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Item 4.
Note: Plans are not mutually exclusive. Non-eligibility will need confirmation.
Note: Regarding the buy-in provisions, Naomi provided an excerpt below taken from the State’s “County
and Municipal General Pension Plan Handbook.” This is an example of the information prospective
employee/participants would need for their decisions; hence the need for sessions or other outreach.
State County and Municipal General Pension Plan –Employee Buy-in Provisions:
• Employment before the date of affiliation with the Plan as purchased by the employer either
upon entering or at any time after joining the Plan. Can use for eligibility - Title 29 5551(4)(g)
• Employment before the date of affiliation with the Plan as purchased by the employee at an
actuarial rate at time of retirement. Cannot use for eligibility - Title 29 5551(4)(d)
• Approved medical leaves of absence if work 1 year any time following the leave within the Plan
purchased by the employee at retirement. Cannot use for eligibility - Title 29 5551(4)(e)
• Approved sabbatical leaves of absence purchased by the employee at retirement. Can use for
eligibility - Title 29 5551(4)(f)
• Up to 5 years of full-time, active-duty military service purchased at Actuarial Cost Cannot use for
eligibility - Title 29 5551(4)(d)
• Up to 5 years other governmental service not being used for any other pension credit purchased
at Actuarial Cost. Cannot use for eligibility - Title 29 5551(4)(d)
• Accrued vacation and sick leave to extend service when the last day worked is other than the
last working day of the month or when vesting at a later date. Can use for eligibility - Rule &
Regulation 8.2
• Cannot purchase Personal Leaves.
Cc: Mayor
Assistant City Manager
HR Director
127
Page 128
Item 5.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Police SUBMITTED ON: September 13, 2024
PREPARED BY: Captain Robert Roswell, Administration Division Commander
REVIEWED BY: David S. Hugg, III, City Manager and Patricia Marney, Actg. Controller / Treasurer
SUBJECT: FY25 CIP Budget – Police Department Sole Vendor Purchase Approval for the VirTra
Training System
TIMETABLE: Purchase to be initiated with Sole Vendor within five (5) days of approval
RELATED PROJECT: HVAC System for Future Growth Area
REFERENCE: N/A
EXPENDITURE REQUIRED: $397,681.25
AMOUNT BUDGETED: $397,681.25
FUNDING SOURCE: State of Delaware FY 25 Grant In Aid Legislation
STAFF RECOMMENDATION:
Approve the Sole Vendor Purchase from VirTra, Chandler, AZ.
BACKGROUND AND ANALYSIS:
The Dover Police Department (DPD) is committed to providing its officers with the most effective and
realistic training tools to ensure they are well-prepared for a variety of scenarios they may encounter in
the field. Traditional training methods, while valuable, may not fully replicate the complexity and
immediacy of real-life situations. In light of this, the Department has been exploring advanced training
solutions to enhance the realism and effectiveness of its training programs. The system described in the
following paragraphs has been identified for several years as highly desirable and is already in use in
agencies from across the country. Virtual Reality (VR) simulation training systems have emerged as a
cutting-edge technology capable of providing immersive and interactive training experiences. Among
the available options, VirTra stands out due to its unique capabilities and technological advantages.
Analysis
Training Needs Assessment
a) Realism: Officers need to train in environments that closely mimic real-life scenarios. VR
systems offer high fidelity simulations that incorporate real-world video and interactive
elements.
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Item 5.
b) Decision-Making: Effective training requires officers to practice decision-making under stress.
VR simulations can recreate high-pressure situations, allowing officers to hone their responses
and decision-making skills.
c) Safety: Training in a controlled VR environment allows officers to experience and react to
dangerous scenarios without the risk of physical harm.
Benefits for the Dover Police Department
a) Enhanced Training Effectiveness: The realism and interactivity of VR System will enhance the
effectiveness of Academy and Agency training programs, leading to better-prepared officers who
can perform more effectively under real-world conditions.
b) Improved Decision-Making: By training in a high-fidelity VR environment, officers can
practice and refine their decision-making skills in various scenarios, improving their ability to
handle complex situations in the field.
c) Increased Officer Safety: Training in a simulated environment reduces the risk associated with
live drills, ensuring that officers gain experience without physical danger.
d) Cost Efficiency: While the initial investment in a VR simulation system may be significant, it
can lead to long-term savings by reducing the need for live training exercises and potentially
lowering the risk of costly incidents.
Sole Vendor Justification:
The sole justification for purchasing the virtual reality simulation training system from Virtra is its
unique and unparalleled capability to integrate real and interactive video seamlessly across multiple
screens. VirTra is the exclusive manufacturer offering this advanced technology, which includes:
a) Seamless Integration of Real and Interactive Video: VirTra’s system stands out by
incorporating real and interactive video that is displayed and fully interactive across all screens
simultaneously. This capability ensures a highly immersive and realistic training environment,
providing users with a comprehensive and engaging experience.
b) Comprehensive Multi-Screen Interaction: The system allows for video-based characters and
laser tracking equipment to be actively engaged and detected on each screen at the same time.
This feature enables complex training scenarios where events can occur in series, triggering
responses across different screens. Such functionality supports dynamic and multifaceted
training exercises that are crucial for realistic and effective simulation.
c) Proprietary Software Advantage: VirTra’s proprietary software is specifically designed to
work seamlessly with their hardware, enhancing the training experience with synchronized
visuals and interactive elements. This integration is key to creating a cohesive and realistic
training environment that is unmatched by other vendors.
Overall, VirTra’s system is justified as the sole choice due to its exclusive technology and capabilities
that provide a unique and effective training solution, making it a singular option for comprehensive
firearms simulation training. Attached also, is a Sole Source justification letter from the vendor.
129
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Item 5.
Account Name Dover Police Department (DE) CustID 0623-05596
Contact Name Thomas Johnson Created Date 7/18/2024
Phone (302) 736-7100 Quote Number 00009474
Email thomas.johnson@cj.state.de.us Expiration Date 9/30/2024
Ship To Name Dover Police Department (DE) Prepared By Todd Forman
Email tforman@virtra.com
Product
Product Product Code Product Description Sales Price Quantity Total Price
SKU
VirTra-Virtual Interactive Coursework and Training
Academy™ certified simulator training curriculum.
V-VICTA™ is a progressive science based
approach to the use of simulation as a training
system. Program materials include teacher lesson
VirTra Virtual plans, student outline, presentation material,
Interactive pre-tests, post-tests, course evaluation and all
Coursework and 7001000 V-VICTA-01 interactive video learning material in conjunction $0.00 1.00 $0.00
Training with the simulator for each available course. Virtual
Academy™ Instructor scenarios teach, train, test and sustain
methodology to ensure participants dynamically
absorb information to facilitate long term transfer of
critical psycho-motor skills. Available exclusively to
all VirTra simulation systems under a current
Service or Subscription plan.
Glock 17 (Gen 5) Tetherless laser recoil kit with
proprietary True-Fire™ technology to eliminate
VirTra
false-fire and double-shots during simulation
Tetherless-Glock 17 4001702 V-G17G5-KIT-1 $5,571.44 2.00 $11,142.88
training. Includes one standard magazine. (All
(Gen 5)
recoil kits convert real firearms which must be
supplied by the customer).
VirTra
Tetherless-Glock Additional Standard magazine for use with the
4001706 V-G17-SM $738.84 2.00 $1,477.68
17- Standard V-G17 recoil kits.
Magazine
M4 AR15 M16 Tetherless laser recoil kit. Includes
VirTra Tetherless one standard magazine. Includes one micro USB
4010400 V-M4-KIT-1 $6,072.93 2.00 $12,145.86
M4 AR15 M16 Kit charger. (All recoil kits convert real firearms which
must be supplied by the customer).
VirTra engineered, refillable, double seal, standard
VirTra
magazine. One refill station (V-RFS) and one
Tetherless-Standard 4010403 V-M4-SM $1,127.58 2.00 $2,255.16
adapter plate (V-M4-SM/ASM-AP) required for
M4 Magazine
CO2 refill. M16, AR-15, M4, 30 Rd.
Table-top refill station for all refillable magazines.
Includes automatic push button activation and one
Refill Station 5000750 V-RFS $5,368.96 1.00 $5,368.96
CO2 tank which must ship empty. Includes travel
case.
VirTra
Adapter plate for the V-G17 (Requires VirTra refill
Tetherless-Glock 4001710 V-G17-SM-AP $585.97 1.00 $585.97
station).
17-Adapter Plate
TASER 7® simulation cartridge package C: 130
Simulates standoff (3.5 deg.) and close quarter (12
TASER® 7 deg.) probe spreads for TASER 7 deployments in
Page 131
Item 5.
Simulation Cartridge 5000555 V-T7-3.5/12 VirTra simulations. Operates in live, customer $3,954.31 2.00 $7,908.62
Package C supplied TASER 7 device. Includes one USB
charging cable.
Truss System Overhead truss structure for V-300®, front project
1300102 VHU-TRS-300 $9,268.30 1.00 $9,268.30
(V-300® System) systems.
VirTra V-300®
Eliminates the 5 inch black border between
Borderless
1300050 VHU-BS-300-FP screens to increase immersion on VirTra V-300® $11,530.39 1.00 $11,530.39
Projection
systems. Front Project Black Backed Screens.
Screen-FP
VirTra Installation and Training for one (1) V-300®
VirTra V-300®
8000300 V-300-INSTL System. Includes all travel and expenses in the $7,643.13 1.00 $7,643.13
Installation/Training
CONUS.
Additional year annual service agreement to
include telephone support, remote assistance,
labor, Screens, Projectors, Cameras, Computers,
Truss System, Cabling, Accessories (refill stations,
magazines, recoil kits, non-guns, and
V-Threat-Fire®), travel, Minor build software
Service Plan - upgrades and hot-fixes included i.e., VOS 5.x ,
8000821 SP-V300-A $30,659.98 4.00 $122,639.92
V-300® - Annual Security patches, security upgrades included , and
2-day shipping. Annual service and maintenance
visit from a VirTra technician upon request.
Includes all travel and expenses in CONUS.
[Payment due in full upon receipt of order
acceptance, no cancellations as this is a
subscription plan.]
VirTra Systems V-300® LE-1 4K simulator uses
five interconnected screens to create fully
immersive active engagements in a 300 degree
environment surrounding the trainees.
VirTra V-300® LE Multi-directional audio and seamless real video
4K (w/ 1 year 1300003 V-300LE-1 4K® create an environment and situation that will $193,815.03 1.00 $193,815.03
warranty) challenge trainees. Comes with LE content library,
computer rack, UPS backup, and audio/projection
equipment. System is configurable to fit in a variety
of spaces (within minimum requirements). One
year warranty and support services included.
VirTra M4 SM and Adapter plate for the V-M4-SM and V-M4-ASM
4010407 V-M4-SM/ASM-AP $585.97 1.00 $585.97
ASM Adapter Plate (Requires VirTra refill station).
VirTra’s patented V-Threat-Fire® return-fire
simulator device. Attaches via integrated belt clip to
deliver a safe and adjustable electrical impulse or
vibration to trainee. Enhances realism and
V-Threat-Fire® 5000610 V-TF $4,406.69 2.00 $8,813.38
simulates physical threats during VirTra Training.
No eye protection required. Requires wireless
station, included. Requires VOS 5.0.36 or higher to
integrate.
Total Price $395,181.25
S&H $2,500.00
Grand Total $397,681.25
Sales Terms and Conditions for Direct Sales to End Users/Buyer
131
1. Precedence. This Sales Terms and Conditions for Direct Sales to End Users/Buyers “Agreement” applies to Buyer’s purchase
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of Goods and Services, as defined below, when purchased directly from VirTra “Seller”. Any purchase of Goods and Services
sold by Seller is expressly subject to and conditioned upon the terms and conditions set forth herein. By accepting delivery of the
Goods and Services, Buyer accepts and is bound by this Agreement. Any different or conflicting additional terms set forth by,
whether in Buyer’s purchase order or another communication, are expressly rejected and will not be binding on Seller unless
agreed to in writing by an authorized officer of Seller. Now therefore, for good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged by the parties, the parties agree as follows.
2. Definitions: The following capitalized words shall mean: “End Users/Buyer” means the organization or person who buys
Seller’s Goods and Services. “Goods and Services” means without limitation, the articles, products, accessories, and services to
be supplied to Buyer by Seller. “Technology and Intellectual Property Rights” means all patents, registered and unregistered
designs, copyright, trademarks, know-how, software, firmware, hardware, systems, components, or assemblies. “Seller” means
VirTra, Inc., located at 295 E. Corporate Place, Chandler, AZ 85225, USA.
3. All Sales Final. All sales are final, and no returns, refunds or exchanges of the Goods and Services are allowed, except as
provided by state or federal law, and, to the returns, refunds or exchanges are required by law, must be preapproved by Seller’s
Return Merchandise Authorization (RMA) form.
4. Restocking Fees. In Seller’s sole discretion, all returns, refunds, or exchanges may be charged a restocking fee of up to 15%
of the purchase price paid, plus any applicable shipping and sales tax, unless the returned product is defective, or the return is a
direct result of Seller’s error.
5. Payment Terms. Terms of payment are within Seller’s sole discretion and, unless otherwise agreed to by Seller in writing, 50%
deposit payment must be received prior to Seller’s acceptance of an order with the remaining 50% balance due upon shipping.
Payment for Goods and Services will be made in United States currency ($US Dollar) by a preapproved payment method. Credit
card payment terms must be preapproved by Seller’s Finance Department and if approved, invoices are due and payable within
the time period noted on invoices, measured from the date of the invoice. An additional 3% fee will be charged to cover
processing costs. Seller may at its sole discretion invoice parts of an order separately. No discounts shall be given for early
payments.
6. Suspension or Cancelation: Seller may suspend or cancel Buyer’s order for any failure by Buyer to comply with agreed upon
payment terms. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller and reserves the right to
cancel any orders resulting from such errors.
7. Late Payments. Interest and late payment fees may be calculated from the day after the payment’s stated due date through
the date payment is received in full, at the maximum legal allowable interest rate in effect on the applicable dates.
8. Taxes. Sales tax, end user tax, pass-through tax, value-added tax (VAT), transaction privilege tax, consumption tax, customs
tax and/or duties are the sole responsibility of Buyer, and Buyer agrees to reimburse Seller for all applicable taxes that Seller is
required to collect, regardless of the tax amount being excluded from Seller’s quotes or Buyer’s Purchase Orders.
9. Tax Exemption. If Buyer requests tax exempt status, then Buyer must provide Seller with a correct, valid, and signed tax
exemption certificate applicable to the specific Goods and Services purchased, relevant to the end use location, prior to Seller
invoicing. If an invalid tax exemption certificate is received or no tax exemption certificate is received, it will be the responsibility of
Buyer to pay all required taxes. Additionally, it will be Buyer’s responsibility to obtain any tax refunds permitted if Seller has
collected and remitted taxes to a taxing authority.
10. Shipping, Title, Risk of Loss. Shipping and handling costs will be added to all invoices unless otherwise expressly indicated
and agreed to in writing at the time of sale. Seller reserves the right to make partial shipments unless specifically stated otherwise
on Buyer’s signed Pro Forma Invoice or purchase order and such shipping terms are pre-approved by Seller in writing. Products
may ship from multiple locations following the rules of the International Commercial Terms (Incoterms) as published by the
International Chamber of Commerce (ICC). Title and risk of loss passes from Seller to Buyer FOB Origin domestic or Free Carrier
(FCA) international upon Seller’s delivery to the named place of delivery, cleared for export, as mutually agreed by both buyer and
seller. Once seller is deemed to have delivered goods to the named place of delivery, the buyer is responsible for both unloading
the goods and loading them onto their own carrier. Seller shall invoice upon shipping. Any loss or damage that occurs after
seller’s delivery is Buyer’s responsibility. Buyer must promptly file claims for damaged items with the freight carrier. Shipping
dates are estimates only.
11. Excusable Delays. Seller will use commercially reasonable efforts to deliver all products ordered as agreed or as soon as
reasonably practicable. In the event of interruption of any delivery due to causes beyond the reasonable control of Seller,
including but not limited to force majeure, fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or
components, Seller has the right, in its sole discretion and upon oral or written notice to Buyer, to delay or terminate the delivery.
12. Not for Resale or Export. Buyer represents and warrants that they are buying Seller’s products for the specified end user,
and Buyer will not resale or export Seller’s products to a country other than the country listed as the Buyer’s shipping destination.
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The shipment of certain Seller products outside of the United States of America (USA) is restricted by US federal law and neither
Seller’s products nor the technology can be exported out of the US without Seller’s prior written approval. In addition, certain
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Seller Products require a validated export/import license (DSP 5, 61, or 73) prior to shipment to certain countries. If required,
Buyer agrees to submit the required paperwork to Seller to process an application to obtain the required import/export license(s)
from the US State Department. Seller cannot guarantee US State Department approval and has the right to cancel any item(s) not
approved for import/export by the US State Department.
13. Regulations and Restrictions. Buyer agrees to comply with all applicable laws, codes and license requirements, and
controls of the United States and other applicable jurisdictions in connection with the use of Seller products including Buyer’s
acceptance of responsibility for the payment of any relevant taxes or duties. Buyer is responsible for understanding and verifying
all local laws, regulations, restrictions and building code requirements for the purchase, delivery, receipt, storage, installation and
use of Seller’s Goods and Services. Seller may suspend or cancel Buyer’s order, at Seller’s sole discretion, for violation of
regulations and restrictions.
14. Technology and Intellectual Property Rights. Buyer agrees that Seller claims, and has claim to, various proprietary rights
of its Goods and Services, and Buyer agrees to take reasonably necessary steps to ensure that Seller’s rights will not directly or
indirectly be violated, which the parties agree would cause irreparable harm to Seller. Except for the license to use the Goods and
Services, the sale of Goods and Services will not confer upon Buyer any license, express or implied, under any patents,
trademarks, trade names, or other proprietary rights owned or controlled by Seller, its subsidiaries, affiliates, or suppliers; it being
specifically understood and agreed that all the rights are reserved to Seller, its subsidiaries, affiliates, or suppliers. Buyer may not
obscure, remove, or alter any copyright, trademark, service mark or other proprietary notices or legends on the products.
15. Design Changes. Seller reserves the right to make changes in design of any of its products without incurring any obligation to
notify Buyer or to make the same change to products previously purchased by Buyer.
16. Reverse Engineering. Customer acknowledges and agrees that the products are the confidential, valuable, and proprietary
assets of VirTra, and the parties agree that improper use or disclosure of the products would cause VirTra irreparable harm.
Accordingly, as a material element of this Agreement and as an inducement for VirTra to enter into this Agreement, Customer
hereby agrees that Customer shall not: (a) create or attempt to create by reverse engineering, disassembly, decomplication or
otherwise, the internal structure, the source code, hardware design, or organization of any Product, or any part thereof, or to aid
or to permit others to do so, except and only to the extent expressly permitted by applicable law; (b) copy, modify, or translate any
portion of the products, unless otherwise agreed, develop any derivative works thereof or include any portion of the software in
any other software program; (c) separate the Product into component parts for distribution or transfer to a third party; and (e)
attempt to make or to aid or permit others to make similar products to the software or products with or without enhancements,
upgrades, or modifications.
17. Severable Provisions. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent
jurisdiction, then the remainder will remain in full force and effect and any invalid provision(s) will be modified or partially enforced
by the court to the maximum extent permitted by law to effectuate the purpose of this agreement.
18. Limitation of Liability. To the maximum extent allowed by law, in no event shall Seller’s cumulative liability to any party for
any loss or damage resulting from any claims, demands, or actions arising out of or relating in any way to any purchase from
Seller exceed the amounts received by Seller under the relevant purchase order, notwithstanding third-party purchases. In no
event will Seller be liable for any special, indirect, incidental, exemplary, punitive, or consequential damages, however caused,
whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory, even if Seller
has been advised of the possibility of those damages or if those damages could have been reasonably foreseen, and
notwithstanding any failure of essential purpose of any exclusive remedy provided in the Warranty. Seller disclaims any
representation that it will be able to repair any product under Warranty or make a product exchange without risk to or loss of
programs or data. Buyer agrees to release and save Seller harmless from any and all liability arising out of use or misuse of Seller
product, including any claims for damages and personal injuries. Buyer agrees to assume all risks of loss and all liability for any
damages and personal injury which may result from use or misuse of Seller product. Seller is not liable for any claims made by a
third party or by Buyer for or on behalf of a third party.
19. Relationship of Parties. Nothing contained in this Agreement shall be construed as establishing or implying any partnership
or joint venture between the parties and nothing in this Agreement shall be deemed to construe either of the parties as the agent
of the other. Assignment and Sub-Contracting. The contract between Buyer and Seller for the Goods and Services shall not be
assigned or transferred, nor the performance of any obligation sub-contracted, without the prior written consent of both Buyer and
Seller. The parties agree that such consent shall not be unreasonably withheld.
20. Entire Agreement. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes and
replaces any prior agreement or understanding between the parties, including any oral representations concerning the subject
matter of this Agreement. Any prior or extrinsic representations or agreements, with the exception of the product warranty, if
provided and any service and license agreement(s), are intended to be discharged or nullified.
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21. Governing Law, Jurisdiction, and Venue. The laws of the State of Arizona, USA govern this transaction and Agreement,
without regard to conflicts of law. Any litigation regarding the interpretation or enforcement of this Agreement shall be resolved in
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the State of Arizona and the courts of Arizona shall have exclusive jurisdiction over such litigation and the parties agree to such
exclusive jurisdiction. The parties expressly reject any application of the United Nations Convention on Contracts for the
International Sale of Goods (“CISG”) to this Agreement and the associated transactions.
22. Warranty. Seller warrants the product manufactured by Seller for a period of one year from delivery to the agreed delivery
point (‘Warranty Period’) will materially conform to Seller’s standard specifications available from the Seller for the product at the
time of the issuance of the Purchase Order. Seller further warrants that the product, at the time of delivery, will be free from
defects in material and workmanship for the Warranty Period. For third party Products not manufactured by Seller, Seller’s only
responsibility is to assign to its customer any manufacturer’s warranty that does not prohibit such assignment. Product and parts
that are consumed in normal operation are not covered by this Warranty. Notwithstanding the foregoing, Warranty and support
may be void for any and all equipment damaged or destroyed by improper handling, use or misuse.
To the maximum extent permitted by law, Seller’s Warranty and the remedies set forth in that Warranty are exclusive and in lieu
of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied, as permitted by applicable
law, Seller specifically disclaims any and all statutory or implied warranties, including without limitation, warranties of
merchantability, design, fitness for a particular purpose, arising from a course of dealing, usage or trade practice, warranties
against hidden or latent defects, and warranties against patent infringement. Seller may provide VirTra certified refurbished parts.
If Seller cannot lawfully disclaim statutory or implied warranties than to the extent permitted by law, all such warranties are limited
to the duration of the express warranty described above and limited to the other provisions contained in this warranty statement.
The remedies provided for in the warranty are expressly in lieu of any other liability Seller may have.
23. Buyer Ordered Delivery Delay. In the event of a delivery delay ordered by Buyer, the parties agree to make use of the
following: Whereas the Customer has purchased certain products and services from VirTra under the Purchase Order; and
Whereas the Customer has directed VirTra to hold and store within its premises the delivery until further notice; and Whereas
VirTra shall ship the products FOB destination; and Whereas this Addendum does not operate as an acceptance of goods by the
Customer. Now therefore, the parties agree that that VirTra has met its delivery obligations under the terms of sale upon meeting
the following condition: VirTra shall provide to Customer photographs documenting that the Purchase Order is ready for shipment.
An email from Buyer citing this section 23 shall be sufficient for the parties to process as described herein.
-Signature follows -
The Buyer agrees that this Agreement shall govern all purchase orders and related transactions.
Buyer:
Signature: _______________________
Printed Name: ____________________
Date: ___________________________
SELECT PAYMENT METHOD
Credit Card; include contact information only (subject to limits)
Purchase Order:
Check:
Other (please specify):
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March 18th, 2024
For the purposes of creating a sole source justification for VirTra Inc’s line of simulators, the following details regarding
specific applications should be considered:
VirTra has been developing and producing a proprietary simulation system and software using multiple screens and real video
for small arms and use of force training since 2001. Based upon our research, VirTra is the only manufacturer of firearms
simulation equipment and proprietary software to incorporate real and interactive video seamlessly displayed and fully
interactive across all screens at the same time. Video based characters and laser tracking equipment can be engaged and
detected on each of the screens of the simulator at the same time or in series of events that trigger others to occur on different
screens.
In addition, VirTra invented the V-Threat-Fire® Device and is the only manufacturer of this equipment throughout the world.
VirTra has been awarded a US Patents (#8,016,594, #8,267,691) for the V-Threat-Fire device and is the only simulator
company that can produce or sell any device using a safe electric shock to simulate consequences during screen-based
simulation training. The V-Threat-Fire device can be added to any VirTra simulators after the initial purchase and at a later
date.
VirTra has been awarded US Patent #10,438,503, which relates to VirTra’s TASER® cartridge kits. VirTra is the only
company in the United States that can produce or sell a specially triggered training cartridge for the TASER line of products by
Axon, the global leader in connected public safety technologies. The patent covers VirTra’s proprietary method of reliably
triggering the training device based on the unique acoustic sound produced by a TASER Conducted Energy Weapon’s (CEW)
electrical arc. This innovation allows trainees to deploy the cartridges from a real TASER CEW during simulation training and
avoid high-voltage feedback. It also allows trainees to practice with a TASER CEW’s “ARC” and/or “Re-ARC” functions, which
increases the realism of each training session. By using a live CEW while training in VirTra’s simulators, trainees can improve
their technique and develop proper habits that carry into real world situations. The patent applies to both legacy units and the
latest multi-cartridge systems used for the TASER X2® and TASER 7® weapons.
“TASER CEWs have been classified as ‘less-lethal’ devices, and as such, require the same type of high quality, judgmental use-
of-force simulation training as lethal devices like firearms,” said Lon Bartel, Vice President of Training and Curriculum at
VirTra. “By combining live TASER CEW and VirTra training cartridges with VirTra’s simulators and library of content, trainees
have an opportunity to develop critical decision-making skills when under stress as well as further develop safe weapon
handling by practicing the removal and replacement of cartridges during simulations that escalate.”
VirTra has been awarded US Patent #10,436,539, which relates to mechanical malfunction of real firearms used in
simulation training. VirTra is the only company in the United States that can produce or sell a specially designed kit that
affordably converts a live firearm into a safe and reliable training tool that can simulate mechanical malfunction and therefore
increase realism. This patent addresses the growing need to safely, affordably, and accurately reproduce the intricacies of real
firearms for training purposes. Patent 10,436,539 expands VirTra’s growing library of intellectual property related to
affordably converting real firearms (whether pistol or rifle) into suitable training tools that can be used in realistic simulation
training without modifying the original firearm.
VirTra has created a proprietary software package called V-Author®. The V-Author software allows for the creation of unique
training content that can only be used on the VirTra line of simulation equipment. The V-Author software is the only known
software allowing for the creation and display of real video-based assets on multiple, seamless screens where all are
interactive. V-Author software and scenarios can be added to any VirTra simulators after the initial purchase and at a later
date as requested by the customer.
VirTra’s – Virtual Interactive Coursework Training Academy® (V-VICTA®)- delivers a program specifically for law
enforcement departments that are designed to Teach, Train, Test and Sustain from an all-in-one solution. This program
provides a nationally recognized certified curriculum and interactive virtual coursework that was developed exclusively with
nationally recognized partnerships. Combined with VirTra’s simulators, V-VICTA provides law enforcement departments all
the necessary tools to instill proper training and knowledge transfer to its students that is not available anywhere else.
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For 30 years, VirTra has been an interactive partner for de-escalation, active threat, judgmental use of force, situational Item 5.
awareness, and firearms training for law enforcement, military, and educational markets. With V-VICTA, we have developed an
evidence-based training program to provide and support law enforcement training programs in an efficient and cost-effective
manner.
VirTra has ensured the integration of what the leading science discovers about Simulation and adult learning is woven into all
of our material to help maximize the effects of training time and increase abilities learned in the scenarios. Please contact us
for information about how to integrate V-VICTA into your department’s training environment.
As of the date of this letter, VirTra’s V-VICTA includes the following nationally certified courses with the VirTra Simulation
Products:
Contact & Cover Concepts: 22508-2209 Weapon Transitions: 22444-2202
Human Factors in Force Encounters: 22493-2208 Tourniquet Application Under Threat I: 22494-2208
Injured Officer Handgun Manipulation: 22492-2208 Tourniquet Application Under Threat II: 20227-2002
Taser Targeting: 23609-2303 Special Populations: Autism: 22507-2209
High Risk Vehicle Stop: Communication to Custody: 23591- De-Escalation: 20254-2008
2303 Crisis De-Escalation: 23592-2303
Active Threat/Active Killer (ATAK): Basic Principles- Mental illness: A Practical Approach: 22505-2209
(Module 1): 21378-2110 Behavior Analysis Threat Response: 22457-2204
Active Threat/Active Killer (ATAK): Basic Principles- Red Dot Optic Training & Sustainment: 22404-2201
(Module 2): 22407-2201 Duty to Intervene: No Such Thing as a Professional
Active Threat/Active Killer (ATAK): Explosives- (Module 3): Bystander: 23572-2302
21349-2106
The Advanced Training Certification Course (ATCC) course includes the following accreditation:
Simulation Science: Foundations of Simulated Event Module 1: 21320-2102
In summary:
• VirTra Simulators have the exclusive ability to simulate return fire, explosions, and other consequences, with our
patented V-Threat-Fire® device, delivering safe electric shock impulses to the trainee during scenario training.
• VirTra is the only company in the United States that can produce or sell a specially triggered training cartridge for the
TASER® line of products by Axon®, the global leader in connected public safety technologies.
• VirTra is the only company in the United States that can produce or sell a specially designed kit that affordably
converts a live firearm into a safe and reliable training tool that can simulate mechanical malfunction and therefore
increase realism.
• VirTra Simulators seamlessly display immersive and interactive video across all multiple and interconnected screens.
• VirTra Simulators use an automatic ‘table top’ refill station with a liquid compression pump to recharge the liquid
C02 propellant used in the tether-less recoil systems. The refill station uses Adapter Plates custom made to fit specific
magazines.
• The VirTra V-Author® scenario software can only be used on VirTra Simulators.
• The VirTra V-VICTA® coursework offers over 80 hours of nationally approved and certified training curriculum
available with VirTra Simulation Products.
• VirTra Inc. is the only manufacturer of simulation equipment that offers an Upgrade Path.
VirTra is the only responsive and responsible source for the above-mentioned equipment and capabilities as they relate to
incorporation with the VirTra V-300-LE equipment. This statement is supported by market research and exclusively fulfills the
needs of the purchaser. VirTra Systems is the only manufacturer and directly offers the patented V-Threat-Fire, the patented
VirTra TASER® cartridge kits and mechanical malfunction kit for use in real firearms, V-Author scenario software, V-VICTA
coursework and other products referenced in herein. VirTra the sole manufacturer of the equipment and have the exclusive
ability to maintain and service deployments in the Continental United States.
Ryan Bray
Regional Manager, VirTra Inc.
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