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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 8, 2019 at 7:30 p.m. with Councilman Hare
presiding in the absence of Council President Slavin. Council members present were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fourth
Assistant Fire Chief Jacobs (departed at 7:59 p.m. and returned at 8:01 p.m.), City Solicitor
Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Councilman Hare declared the Open Forum in session and reminded those present that Council was
not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.
Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by
a unanimous roll call vote (Slavin absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 25, 2019
The Minutes of the Regular Council Meeting of March 25, 2019 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor
Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 26, 2019
The Minutes of the Special Council Meeting of March 26, 2019 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor
Christiansen.
PROCLAMATION - ARBOR DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872, J. Sterling Morton, a Nebraska pioneer, proposed that a special day be set
aside for the planting of trees by individuals and civic organizations, resulting in the first celebration
of Arbor Day on April 10, 1872, with an estimated one million trees being planted in Nebraska that
day. In 1885, Arbor Day was named a legal holiday and has since become a national event promoted
by the National Arbor Day Foundation, whose mission is to inspire people to plant, nurture, and
celebrate trees; and
WHEREAS, the City of Dover was named a Tree City USA in 2018 for the twenty-ninth
consecutive year by the National Arbor Day Foundation in recognition of the City's outstanding
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 2
urban forestry program, which includes the maintenance of over 2,250 street trees by the Department
of Public Works Grounds Division. The City of Dover Planning and Inspections Department's Tree
Planting and Preservation Ordinance has caused the planting of thousands of trees in all subdivisions
and commercial sites since 1992, and the City has continued to aggressively plant street trees
between curbs and sidewalks in almost every available site in the City; and
WHEREAS, these trees not only contribute to the beautification of the City, but they also help
remove pollution from the atmosphere, improve the quality of life of citizens, and can reduce a
household's energy consumption by up to 25%. These trees will also live as a part of Dover's rich
history; and
WHEREAS, the Delaware State champion American Elm on The Green may be the only living
witness to Delaware's ratification of the United States Constitution that took place at the Golden
Fleece Tavern in 1787, underscoring that planting and caring for trees is a special gift that one
generation passes down to the next.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim April 26th, 2019 as ARBOR DAY in the City of Dover, and
urge all citizens to support efforts to care for trees along our streets, in our parks, and in our yards.
As the City of Dover plants trees on public property, I urge all citizens to plant trees on their
properties to enhance the environment and promote the well-being of present and future generations.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. Roger Ridgeway, Jr., Field Supervisor II.
CERTIFICATE OF APPRECIATION - GOVERNOR'S ADVISORY COUNCIL FOR
EXCEPTIONAL CITIZENS - HEART 2 HEART HUGS WARM CLOTHING DRIVE
The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
Presented to
Governor's Advisory Council for Exceptional Citizens
Thank you for organizing the Heart 2 Heart Hugs Warm Clothing Drive which received 5000
items for children of Delaware who are homeless or in foster care.
We truly appreciate your service and are grateful for what your organization does to give back to
the community that we all share.
Because of organizations like yours, Dover is a great place to live, work and play.
On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to
Ms. Wendy Strauss, Executive Director, and Ms. Sybil Baker, Administrative Coordinator, of the
Governor’s Advisory Council for Exceptional Citizens.
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 3
CERTIFICATE OF CONGRATULATIONS - CAPITAL SCHOOL DISTRICT - 100TH
ANNIVERSARY
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Capital School District
for being an essential asset in the Dover community
by educating and changing the lives of an infinite number
of children for the past 100 years.
The City of Dover extends its sincere congratulations on this
special milestone and wishes you many more years of success.
On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to
Mr. Dan Shelton, Superintendent, and members of the Capital School District Board of Education.
CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL BOYS
BASKETBALL TEAM - HENLOPEN NORTH CONFERENCE CHAMPIONS AND
2018-2019 DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION (DIAA) BOYS
BASKETBALL STATE FINALIST
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
The Dover High School Boys Basketball Team
on being the Henlopen North Conference Champions and the 2018-2019 Delaware Interscholastic
Athletic Association (DIAA) Boys Basketball State Finalist. Through their passion and dedication
they are the first team in Dover High School history to go undefeated the entire season. We
commend the following student-athletes for their outstanding performance:
Elijah Allen Terrance Ross
Keith Bessicks Jayvon Rush-Taylor
Mohamed Conde Elijah Sessoms
Eden Davis Jyheim Spencer
John Lassiter Kylen Thomas
Tayron Manago Eric White
Janai Moore Wanya Wise
Brendon Parker Dymear Yelverton
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 4
The entire team and Coaches Stephen Wilson, Randal Fogan, Ryan Robinson, Tyrell Moses and
Jason Wolford, are applauded for their remarkable achievement. We enjoyed cheering you on and
look forward to next season.
On behalf of the Mayor and Council, Mayor Christiansen presented the certificates to the coach,
assistant coaches, and the basketball players. Councilman Neil also presented the coach with a copy
of his book, A Very Simple Game! Life & Times of Charley Eckman.
MAYOR'S SELECTION FOR THE JEFFERSON AWARDS LEAD360 CHALLENGE
Ms. Madeline Milligan, intern, advised that they had changed their name from the Jefferson Awards
Foundation to Multiplying Good, feeling that it gave a better description of what they did as an
organization, equipping youth and young individuals with the tools they need to have an impact in
their community. Ms. Milligan provided a presentation of the Lead 360 Challenge (Exhibit #1), one
of the largest national service contests in America.
Ms. Milligan announced that the Mayor chooses a top project each year, and this year's top project
goes to Delaware State University Men of Color Alliance (MOCA) for the MOCA X Green Beret
Project. She explained that they partnered with the Green Beret Project to mentor at risk youth in
Dover to help them succeed socially, mentally, and academically. Ms. Milligan stated that MOCA
will go on to compete against the other Delaware Mayor's Top Project choices and the winner will
be announced at the Delaware Salute to Service.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2019-08 -
REZONING REQUEST FOR PROPERTY LOCATED AT 878 SOUTH STATE STREET
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 878 South State Street, consisting of 9,600 S.F. +/-, owned by Andre M. and Jane J.
Beauregard. The property is currently zoned R-8 (One-Family Residence) and the proposed zoning
is C-1 (Neighborhood Commercial) (Tax Parcel: ED-05-077.17-03-51.00-000, Second Council
District; Planning Reference: Z-19-04)
Mr. Neil moved that the Final Reading of Proposed Ordinance #2019-08 be acknowledged by
title only, seconded by Mr. Cole and unanimously carried. (The First Reading of the ordinance
was accomplished during the Council Meeting of February 25, 2019.)
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted
that the Planning Commission recommended approval of the rezoning request.
Public Hearing
Councilman Hare declared the public hearing open. There being no one present wishing to speak,
Councilman Hare declared the hearing closed.
Mr. Neil moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Anderson and, by a unanimous roll call vote
(Slavin absent), Council adopted Ordinance #2019-08, as follows:
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 5
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 878 SOUTH STATE STREET
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from R-8 (One-Family Residence) to C-1 (Neighborhood Commercial).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
R-8 (One-Family Residence) to C-1 (Neighborhood Commercial) on that property located
at 878 South State Street (on the west side of South State Street, north of Wyoming Avenue
and south of Gooden Avenue), consisting of 9,600 S.F. +/-, owned by Andre M. and
Jane J. Beauregard. (Tax Parcel: ED-05-077.17-03-51.00-000; Planning Reference: Z-19-04;
Second Council District)
ADOPTED: APRIL 8, 2019
COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 26, 2019
The Council Committee of the Whole met on March 26, 2019 at 6:12 p.m. with
Council President Slavin presiding. Members of Council present were
Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce (departed at 6:56 p.m. and
returned at 6:57 p.m.), Mr. Hare, and Mr. Lindell. Mayor Christiansen was also
present. The civilian member present for their Committee meeting was Mr. Shevock
(Legislative, Finance, and Administration).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
Legislative Updates
Mr. Carl Luft, Executive Director, Delaware League of Local Governments (DLLG),
and Mr. Lincoln Willis, Principal, The Willis Group, LLC, and League Lobbyist,
provided members with an update regarding items at Legislative Hall that are on the
DLLG Legislative Committee’s radar. He noted that the DLLG Legislative
Committee meets at least monthly, and he sends regular updates to DLLG members,
including council members and town/city managers.
Mr. Luft informed members that the Senate had just passed a bill regarding the
Community College Infrastructure Fund that gives the community college bonding
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 6
authority when needed to improve their facilities. He noted that the DLLG was
opposed to it at first due to property tax implications; however, that was changed
through two (2) Senate substitute bills.
Mr. Luft advised that the DLLG intends to request an additional $1M in State
Municipal Street Aid (MSA). He reminded members that last year the Joint Bond
Bill Committee increased MSA from $5M to $6M, which returned the funding to the
level it was at four (4) or five (5) years ago. Mr. Luft indicated that the DLLG would
be testifying before the Joint Bond Bill Committee regarding that increase on
Monday, April 1, 2019.
Mr. Luft stated that a legislator had proposed a decrease in the State portion of the
real estate transfer tax. He explained that Mr. Willis had been very helpful regarding
this matter and made it clear to the representative that it is extremely important that
the towns and counties not even be mentioned in the same breath as the State.
Mr. Luft informed members that this bill was tabled. He reminded members that
there was a real issue with real estate transfer tax two (2) years ago.
Mr. Luft noted that DLLG did not take a position regarding the National Popular
Vote Act.
Mr. Luft stated that there are two (2) Senate bills pertaining to fines for handicap
parking spaces which they are watching. He noted that the DLLG does not currently
see a problem with these bills, as long as they stick to the fines and stay away from
the municipal responsibilities for anything dealing with infrastructure and parking lot
changes. Mr. Luft noted that this may not greatly impact municipalities like Dover,
Newark, and Wilmington that have the staff to handle these types of changes;
however, for the smaller municipalities, it’s a nightmare to change parking lots.
Mr. Luft advised that the DLLG is in favor of House Bill 54, which proposes an
increase in the funding source for the Delaware Criminal Justice Information System
(DELJIS). He stated that it would increase fines by $2, from $1 to $3, which would
go into the DELJIS fund.
Mr. Luft noted that current Senate Bill 7, which had been hanging on since last year’s
session, would include the DLLG as a member of the population consortium and the
DLLG was concerned when the bill was first introduced because it only pertained to
municipalities with populations of 20,000 and above. He explained that the DLLG
suggested that if the legislature was going to bring consistency to population figures,
they should do it for all the incorporated towns. Mr. Luft stated that it was his
understanding that there was an amendment to add the Sussex County Association
of Towns as well, so it would now include all 57 incorporated municipalities, the
counties, as well as the school districts. He informed members that the DLLG is not
opposed to the bill because they feel it brings consistency to population figures to
which everyone can abide.
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 7
Mr. Willis advised that last year a few municipalities passed hotel accommodations
taxes. He noted that the first proposal was to pass one (1) bill to allow everyone in
the state to have a hotel accommodations tax; however, leadership has requested that
each municipality pass separate legislation. Mr. Willis explained that if the City is
interested in establishing a hotel accommodations tax, a charter change is the route
to go.
Mr. Willis stated that Senate Substitute for Senate Bill 5 is litter legislation which the
DLLG Legislative Committee believes is a good bill. He indicated that
municipalities are currently required to have trash receptacles and empty them
regularly; however, this legislation would allow municipalities to designate certain
parks as “carry in, carry out,” so they would not have to provide trash receptacles.
Mr. Willis informed members that the DLLG is not going to take a position on
Senate Bill 11 pertaining to payment-in-lieu of taxes (PILOT). He explained that
currently all three (3) county seats receive PILOT to provide services to agencies like
the State and universities because they have so much tax-exempt property.
Mr. Willis stated that the proposed legislation would include the City of Newark in
the PILOT calculation, and they would receive approximately $20,000. He noted that
the City of Newark is looking to get access and go from there. Mr. Willis advised the
DLLG does not believe that it is necessarily a League issue but noted that Dover,
Wilmington, and Georgetown should definitely keep an eye on it. Mr. Luft stated
that the same bill came up last session and the DLLG issued a note to Dover,
Wilmington, Georgetown, and Newark, and advised Dover, Wilmington, and
Georgetown in particular to calculate whether it would have any negative impact on
them. He informed members that he sent the same note to the municipalities last
week and he assumes it would not have a negative impact, otherwise there would be
a problem getting the bill passed. Mr. Willis noted that, from his understanding,
there was a maximum amount that could be distributed and the maximum had not
been reached in a while, so the legislation would allow Newark to have access to that
extra money.
Mrs. Donna Mitchell, City Manager, referring to Senate Bill 11, noted that based on
staff’s calculations, the City would come out favorable with the proposed legislation
because they have added the assessed values for the University of Delaware (UD) and
Delaware State University (DSU), which were previously exempt, into the
calculation. She noted that the appropriation was also increased from $3M to $3.9M;
however, at times when the State has had it tough, they have lowered the
appropriation, and that’s when it would have a negative impact on all of the
recipients.
Mayor Christiansen cautioned members to take a hard look at Senate Bill 11 and
whether the City supports this bill, noting that he personally does not support it. He
explained that, with all due respect to the City of Newark, he did not believe it was
appropriate to include them in the PILOT calculation because the original intent was
for the county seats. Mayor Christiansen stated that benefits the City of Newark
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 8
receives from UD and the money they receive are much greater than what the City
of Dover receives.
Mr. Polce suggested that this would be an advantageous time to engage
Senator Sokola, the sponsor of Senate Bill 11, as well as other members of the Senate
and the House in conversations regarding the specific funding formula. He noted that
anyone who has experience with PILOT generally understands that the City of
Wilmington greatly benefits from it, while Georgetown and Dover continue to get the
short stick.
Mr. Polce noted that he thought it was very important for the City to work with the
DLLG on the Complete Count 2020, explaining that the total census count is directly
related to the amount of money received from federal appropriations. He stated that
he thought members should work to mobilize a real grassroots effort because the
more people counted, the more money the City will receive from the federal
government, which is the only way that the City will be able to continue to meet
increased demand for services.
Responding to Mr. Anderson, Mr. Willis stated that he could provide the bills that
were generated from the charter changes for the three (3) municipalities in regard to
hotel accommodations taxes.
Mr. Anderson stated that he was in favor of Senate Bill 11, explaining that he thought
including Newark in the PILOT calculation would be beneficial to the City in the
long-run because it would provide more of a constituency for redoing the formula in
the future if there are more legislators affected. He noted that the City has more
tax-exempt property than the City of Wilmington; however, based on the current
formula the City only gets a fraction of the money. He indicated that he thought that
bringing DSU into the calculation might be part of the long-term solution.
Mr. Neil stated that one of the reasons PILOT is so important to the City is because,
as the capital, Dover draws a lot of 501(c)(3) organizations, and many of the
buildings are colleges and schools, and none of these entities pay taxes. He noted
that the City previously discussed a PILOT formula; however, the nonprofit entities
were resistant. Mr. Neil stated that he thought it was important for the City to pursue
the hotel accommodations tax, noting that with events like Firefly and NASCAR, the
City continues to miss out on revenue opportunities.
Mr. Sudler asked why nonprofit organizations are not taxed or do not have to pay a
fee for property, and whether there is any proposed legislation in regard to changing
the statute that prohibits taxing nonprofits or charging them a fee for property. In
response, Mr. Willis stated that, to his knowledge, nonprofit exemptions began
decades ago and he had not heard any discussion regarding getting rid of those. He
noted that the only thing he heard recently was that the City of Dover had some
considerations for a PILOT. Responding to Mr. Sudler, Mr. Willis stated that PILOT
is not mandatory, that it is just a friendly gesture.
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 9
Mr. Hare informed members that he had discussed the PILOT formula with many
different senators throughout the years. He stated that Dover does not currently get
a proportionate amount of the funding based on the amount of tax-exempt State
property, so he does not think including Newark in the PILOT calculation would be
beneficial for the City.
Update - Small Cell Wireless Ordinance
Mr. Dave Hugg, Director of Planning and Community Development, reminded
members that the City engaged the services of Cohen Law Group to assist with
drafting an ordinance pertaining to wireless communications facilities and provided
members with an update regarding the draft ordinance. Referring to line 11 of the
draft ordinance, he reviewed the purpose and explained that the City is trying to
proactively recognize and encourage new technology, while also ensuring that the
City doesn’t end up with antennas everywhere.
Mr. Hugg informed members that this issue had been divided into several parts. He
stated that this proposed ordinance focused on the use of City-owned facilities in City
rights-of-way, and the other questions would be addressed in a companion ordinance.
Mr. Hugg noted that staff wanted to make the process as administratively easy as
possible, and to keep the Planning Commission, Board of Adjustment, and Mayor
and Council out of the process completely, so the structures will go through the same
process as a building permit and it will only need to go before an additional body if
there is an appeal or some type of issue.
Mr. Jim Robinson, Electric Director, agreed with Mr. Hugg that the City is trying to
make the process as simple as possible for the applicants, and since the Electric
Department already has 17,000 poles in its service territory, the City is anxious to
continue to utilize those facilities for these types of new devices. He explained,
however, that this may not be feasible for situations where there are a lot of
underground facilities already in place or in areas with very ornamental light poles,
so it is taking some time to ensure that all of these variables are captured.
Mr. Robinson informed members that staff has been working with two (2) major
carriers and has been able to exchange valuable information with them to help
facilitate the process. He noted that due to the evolving nature of the technology, it
is going to take some time to try to develop a standard set of devices that everyone
can expect to see in the City. Mr. Robinson stated that they must also take into
account safety and reliability concerns when it comes to third party entities installing
equipment on the City’s electric poles, especially those with primary circuits.
Mr. Polce stated that this topic is a passion and concern of his and, although he is not
pleased with the pace at which the City is moving, he understands due diligence and
how difficult it is to write legislation of this nature and make sure everyone comes
to a full consensus. Referring to line 230, he expressed concern with setting a
precedent seeking reimbursement for rights-of-way (ROW) use, and requested that
staff seek the opinion of the attorney regarding this matter. Mr. Polce also stated that
he was concerned that the draft ordinance did not clearly define the 60-day timetable
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 10
for standing structures already in place and 90-day timetable for new structures as
outlined by the Federal Communications Commission (FCC). He noted that he did
not see a fee structure in the proposed ordinance either. Mr. Polce advised that the
City should clearly outline the fee structure within the ordinance, explaining that this
topic had caused contentious debate across the state and nation. He stated that he
thought that the City needed to be fair, reasonable, open and transparent. Mr. Polce
suggested that staff also look at how the City can leverage the intellectual property
that these telecom providers bring, and how to leverage them to make the City a
better place.
In response to Mr. Polce, Mr. Hugg stated that staff had not done a lot of work on the
fee structure, explaining that there are federal guidelines regarding the fee
calculations. He indicated that staff was looking at using the City’s existing fees for
certificates for zoning compliance and building permits. Mr. Hugg advised that staff
is working diligently to create an ordinance that is administratively simple to
implement and leverages the economic development value in having the highest
quality infrastructure possible.
Mr. Polce suggested that the City might want to partner with the companies in setting
the initial fee, and to ensure the longevity and proactive upgrading of greater
technology, that staff be mindful of what a recurring fee might look like and how to
incentivize companies to become partners with the City.
Responding to Mr. Neil, Mr. Robinson stated that most of the attachment discussion
is really referring to the City’s existing wooden utility poles because street lights with
existing infrastructure would be a challenge. He noted that he was looking forward
to working with the different carriers to find a unique solution to maintain the
integrity of the City’s structures while also providing an opportunity to for the
placement of equipment in prime locations like the downtown area.
Proposed Ordinance #2019-09 - 2018-2019 Budget Ordinance - Second
Amendment
Mrs. Donna Mitchell, City Manager, reviewed Proposed Ordinance #2019-09 -
2018-2019 Budget Ordinances - Second Amendment, explaining that it incorporates
the FY19 Beginning Budget Balances as presented in the City’s Comprehensive
Annual Financial Report (CAFR) for Fiscal Year Ending June 30, 2018 and restates
the Capital Project budgets for the ongoing project funds that were included in the
first budget amendment adopted on January 14, 2019. She advised that the
amendment also includes a transfer of $2M to the Electric Rate Stabilization Reserve
as a result of budget favorability in power supply and generation expenses.
Staff recommended approval of the second budget amendment and adoption of
Ordinance #2019-09.
The Committee recommended approval of staff’s recommendation.
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 11
By consent agenda, Mr. Neil moved for approval of the second budget amendment and
adoption of Ordinance #2019-09. The motion was seconded by Mr. Lindell and carried by a
unanimous roll call vote (Slavin absent).
Proposed Amendments to Employee Handbook (Personnel Policy) - Article VII
- Ethical Conduct, Section 6 - Discrimination and Harassment
Mrs. Donna Mitchell, City Manager, reviewed proposed amendments to the
Employee Handbook (Personnel Policy) - Article VII - Ethical Conduct, Section 6
- Discrimination and Harassment. She advised members that a recent personnel
matter prompted City staff to engage a labor attorney to review the Personnel Policy
regarding discrimination and harassment and, on the advice of Mr. Tim Holly of
Connolly Gallagher LLP, the proposed amendments will improve clarity.
Staff recommended approval of the proposed amendments.
Responding to Mr. Sudler, Mrs. Mitchell explained that the proposed policy clearly
expresses that the harassment and discrimination laws are for protected classes of
employees, not just for general complaints of incivility.
The Committee recommended approval of the proposed amendments to the
Employee Handbook (Personnel Policy) - Article VII - Ethical Conduct, Section 6
- Discrimination and Harassment, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).
MONTHLY REPORTS - FEBRUARY 2019
By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Fire Chief's Report
Police Chief's Report
PROPOSED RESOLUTION NO. 2019-05 APPOINTING THE DOWNTOWN
DEVELOPMENT DISTRICT ADMINISTRATOR
Mr. David Hugg, Director of Planning and Community Development, advised that the State of
Delaware requires all of the Downtown Development District designees to identify a program
administrator who will be the primary contact for the program.
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 12
By motion of Mr. Anderson, seconded by Mr. Sudler, Resolution No. 2019-05 was unanimously
amended by adding “or his or her designee.”
By motion of Mr. Anderson, seconded by Mr. Sudler, Resolution No. 2019-05 was unanimously
adopted, as follows:
A RESOLUTION APPOINTING THE DOWNTOWN DEVELOPMENT DISTRICT
ADMINISTRATOR
WHEREAS, the City of Dover is designated as a Downtown Development District; and
WHEREAS, it is a requirement of the Downtown Development District Program that the City
appoint a District Administrator who shall be the chief point of contact for the District and will be
responsible for all tasks involved in implementing the District, as well as record keeping and
reporting that are required by the program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That the City of Dover appoints the City Planner, or his or her designee, to be the District
Administrator (the "Administrator") as the chief point of contact responsible for managing
the Downtown Development District program.
2. That the City of Dover shall adhere to the District Plan and the Local Incentives contained
in the Application for the duration of the District designation.
3. That the Administrator is authorized to execute such documents and enter into such
agreements as may be necessary or desirable in connection with the Downtown Development
District program and the rights and obligations of the City of Dover thereunder.
4. That the Administrator is authorized to carry out all District administrative and reporting
requirements on behalf of the City of Dover for the duration of the District.
5. That the effective date of this Resolution shall be the 9th day of April 2019 at 12:01 a.m.
ADOPTED: APRIL 8, 2019
FIRST READING - PROPOSED ORDINANCE #2019-09
Councilman Hare reminded the public that copies of the proposed ordinance were available at the
entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
April 22, 2019.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 13
ORDINANCE #2019-09 - 2018-2019 BUDGET ORDINANCE - SECOND AMENDMENT
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, made the following announcements:
FY18 Street and Alley Program - The Hope Street, Mockingbird Avenue, New Street,
Buttner Place, Reese Street, Bertrand Street, and Blue Hen Boulevard concrete is complete.
Paving is complete on Hope Street, Mockingbird Avenue, New Street, Buttner Place, and
Reed Street and paving is underway on Bertrand Street.
Lakewood Place Water Main Replacement - Construction is active and the water main has
been installed. Service connections should be complete the week of April 8, 2019.
Sanitation and Streets - Spring Clean Up is April 1st to April 12th.
Water and Wastewater Water Treatment Production - Crews are doing the water system
flushing through April 12th.
Friends of the Library - Mrs. Mitchell thanked the Friends of the Library for providing
$15,000 to replace the audio visual equipment in the main room at the library, and for their
efforts and dedication to the Dover Library.
Mr. Sudler thanked Mrs. Mitchell for the hard work that they are doing in the Fourth District and
throughout the City of Dover.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson reminded everyone that the Capital School District was holding a referendum from
7:00 a.m. to 8:00 p.m. the following day at William Henry Middle School, Town Point Elementary,
South Dover Elementary, and Hartly Elementary. He advised that voters must 18 years old, a U.S.
citizen, and a resident of the district. Mr. Anderson stated that being registered to vote was not
required. He encouraged everyone who had an informed opinion to exercise their civic duty,
whatever that is, however they view it.
Mr. Anderson also invited anyone so inclined to a Tax Day freedom rally in front of City Hall on
Monday, April 15th from 4:00 p.m. to 6:00 p.m.
Mr. Anderson moved for adjournment, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 8:09 p.m.
TRACI A. McDOWELL
CITY CLERK
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CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 14
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of April 8, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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Exhibits
Exhibit #1 - Presentation - LEAD 360 Challenge
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EXHIBIT #1
Regular Council Meeting of 04/08/2019
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Thank you to everyone who
participated in activating Buckets of Love!
4-H Foundation DE SIA Fall Leadership Conference Newark High School JDG
All Saints Episcopal Church Delaware State University Oberod
Bank of America (Newark) Duffield Associates (Dover) MOT Charter K-8 Academy
Bank of America (Wilmington) Duffield Associates (Wilmington) Sammi Mitchell
Barclays H.B. DuPont Middle School Seaford Middle School
Belfint, Lyons & Shuman, CPAs Jobs for DE Graduates Staff Smyrna High School JDG
Buccini Pollin Group Journey Church Multiplying Good Interns
Charter School of Wilmington SGO Milford Central Academy JDG Sussex Tech High School
City of Wilmington Multiplying Good Advisory Board Western Sussex Boys & Girls Club
DAEOP New Castle County PAL Wilson Elementary School