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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on July 24, 2023, at 6:30 p.m., with Council President
Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty (via Webex),
Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Sudler (via Webex), and Mr. Lewis.
Staff members present were Police Major David Spicer, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Fire
Chief David Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Deanna Nash, 306 Chelsea Way, Dover, stated that her concern is regarding a neighbor that has
been granted a home-based contractor’s license for a landscaping business at 106 Tucket Circle.
Ms. Nash further explained that last year he started with a couple of trailers, and now there are 4-
6 trailers, along with irrigation and fertilization equipment, parked on the property. As the business
and its equipment have expanded, employees arrive throughout the day to pick up trucks, trailers,
and equipment. Ms. Nash explained that one of the trailers is a 24-foot commercial trailer that has
a carrying capacity of more than one ton. Ms. Nash stated that this is against city code Chapter 106
Section 123. She explained that on July 17, 2023, she was told by Mary Ellen Gray in an email
that Mr. Kopp would send her the definition of a commercial vehicle. Ms. Nash then asked that if
the definition is different than what is in the city code of ordinances, it be updated. She stated that
as of July 24, 2023, she has not received a response. Ms. Nash stated that with fertilization
equipment comes the storage of fertilizer, which is not being stored properly. This could result in
a fire or explosion. She asked how this is being monitored. She further stated that there have been
instances of open burning of clients’ yard waste and scraps. She stated that the fire department has
been dispatched to the house at least twice, one of the fires was so large it could be seen from
Route 8. She stated that one of the neighbors did research and found out that it was a commercial
burning by DNREC, and it is illegal. She explained that she would submit pictures to document
these issues. She further explained that the city does not accept pictures from third parties, even
with date/time stamps. It is required that a city official take the pictures. She stated that that
morning, one of the trucks and trailers was parked on the grass. She further stated that the owner
has received multiple citations regarding this issue, but he has little to no regard for city ordinances.
She asked everyone to drive down Route 8 halfway past the high school because you cannot miss
the property. It has a boat, trailers, and sheds and looks like a garbage dump. The business is
landscaping, and it is being run in a residential area where children and families reside, not a
commercial property better suited for this type of business which brings concern to her and her
neighbors.
Jackie George, 301 Chelsea Way, Dover, voiced concerns over the home-based contractor’s
license for a landscaping business at 106 Tucket Circle, Dover. She provided a copy of her written
remarks (Exhibit #1).
Dr. Valarie Boyer, 3 Somerset Circle, Dover, was unable to attend the open forum, so she sent her
correspondence regarding 106 Tucket Circle with a neighbor that attended the meeting (Exhibit
#2).
Francis A. Bethel, III, 207 Ann Avenue, Dover, stated that he has a concern about the northbound
light at Lepore Drive. He explained that at that corner, there is Tommy’s Car Wash on one side
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 2
and the 7-Eleven on the other side. He stated that the lights need to be flashing red because there
is not enough traffic to warrant a solid red light. He explained that there have been many times
that he has attempted to turn off Dupont Highway, and he has had to wait until the light turns green
when there is not any traffic. He was hoping that they could change the lights to flashing red
because there is plenty of time for people to make a left turn if it were a flashing light.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilwoman Pillsbury.
ADOPTION OF AGENDA
Mr. Neil moved for th e adoption of the agenda, seconded by D r. Pillsbury, and
unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lewis, and carried by
a unanimous roll call vote (Boggerty absent).
PRESENTATION - RECOGNITION OF SERVICE – ARTHUR G. ERICSON -
BOARD OF ADJUSTMENT - OCTOBER 2004 - JULY 2023
On behalf of members of Council, Mayor Christiansen presented Mr. Ericson with a Dover Cup
in recognition of his many years of service on the Board of Adjustment.
Mr. Ericson stated that he did not know how many people are familiar with the Board of
Adjustment and that someone may read in the newspapers that the Board of Adjustment makes an
error, must go to court, and the city ends up paying millions of dollars for the error. He explained
that in the time he has been on the board, that has never happened. Mr. Ericson further explained
that the board has done a very thorough job investigating each case, upholding the code while
trying to do the best for the individual before the board. He stated that Mr. Rodriguez has been a
big help to the Board of Adjustment and that the elected officials have been great. He continued
to state that he has never received a call giving him advice on the case before the Board of
Adjustment. He thanked everyone and said he enjoyed being on the Board of Adjustment.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 2023
The Minutes of the Regular Council Meeting of June 12, 2023, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 13, 2023
The Minutes of the Special Council Meeting of June 13, 2023, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES – SPECIAL COUNCIL MEETING OF JUNE 22, 2023
The Minutes of the Special Council Meeting of June 22, 2023, were unanimously approved
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by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 26, 2023
The Minutes of the Regular Council Meeting of June 26, 2023, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
BOARD OF ASSESSMENT APPEALS - JUNE 6, 2023
The Board of Assessment Appeals was brought to order at 9:00 AM by Chairman
William Garfinkel. Board Members present were Chairman William Garfinkel,
Board Members Tom Burns, Doug Doyle, and John Davis. Staff present were
Customer Service Director Patricia Marney via WEBEX, Customer Service
Supervisor Allison Haines, and Administrative Assistant Annette Hart.
Agenda Additions/Deletions
By unanimous vote, the agenda was approved as presented.
Adoption of Consent
JMSJ Best LLC
Location: 155 Greentree Dr.
Mr. Zuck told the Board that the owner of 155 Greentree Dr. stipulated to a new
value based on an appraisal provided by the property owner.
He explained that the State of Delaware is getting ready to purchase the piece of
vacant land. By unanimous vote, the consent agenda was approved as presented.
Exempt Requests
Central Delaware Habitat for Humanity
Location: Exempt Request:
101 N. West St. $15,500
39 S. New St. $16,400
29 S. Governor’s Ave. $24,000
BACKGROUND AND ANALYSIS
An exemption request for the above-referenced properties was submitted to the
Assessor’s Office.
Once these properties are complete and the ownership is transferred, the properties
will be added back to the tax roll.
RECOMMENDED ACTION: Recommend that the request for exemption be
reviewed.
Ms. Stark, Finance Director, represented Central Delaware Habitat for Humanity
and started by pointing out that the organization is a non-profit organization.
She continued by going over the current status of each property, starting with, 101
N West Street which is currently under construction and will be completed within
the next 4 months.
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29 S Governors is located next to 23 and 25 S Governors Ave. These three lots were
combined and then split into equal lots.
The organization is currently waiting for funding they submitted for the property
located at 39 S New Street, therefore Ms. Stark had no construction dates for this
property yet.
Mr. Zuck asked if the properties will go back onto the tax roll after they are
completed, Ms. Stark explained that the organization first finds a new family for
which the home will be built, so before construction begins, the organization knows
how many bedrooms and bathrooms are needed. Once the home is complete the new
homeowner will receive a low-interest loan from the organization and will be
responsible for all payments regarding the property.
Mr. Zuck asked if the property located at 29 S Governors Ave is a vacant lot, and
Ms. Stark told him that it is, she mentioned that if the organization purchases a
property with a building on it, they usually demolish the building within the first
few months of owning it.
Mr. Burns commended the organization for the great work they do.
Mr. Burns noted that the organization comes before the board every year and was
wondering if the properties before them were the same properties are the Board
discussed during the hearing in 2021.
Ms. Stark told the board that she was given a two-year window and to come back
if nothing has been built on the lots. She said that once the organization purchases
the lots, they try to build and sell the homes as fast as possible.
Mr. Burns asked if the organization has any maintenance requirements.
Ms. Stark replied that once the new owner takes over the property they are
responsible for everything.
Mr. Davis made a motion to approve the 3 properties for the exemption, which was
seconded by Mr. Burns.
Motion carried 4-0.
Mrs. Marney, who attended the meeting via WEBEX, asked if the exemption should
be amended to include that if the properties would not be sold within 2 years, the
organization would have to re-apply for the exemption.
Mr. Davis made a motion to amend the prior approval to include the exemption to
be approved for 2 years, if the property has not been sold the organization is to re-
apply.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Capitol Baptist Church of Dover
Location: Exempt Request:
1305 New Burton Rd $139,200
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BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The purpose of the property is to provide temporary housing to visiting
missionaries/preachers as needed, per the pastor’s request.
Terry Moore, Paster of the church, was present for the hearing and started by telling
the board members that the property is used to house missionaries when they come
of the field.
He explained that the church will be supporting approximately 60 missionaries at
no charge, after renovations are completed.
Mr. Zuck asked if the church will be renting the home to the missionaries, Pastor
Moore told him that they will let the missionaries stay at the home free of charge.
Mr. Davis was wondering where the missionaries come from, Pastor Moore
explained that they come from all over the world but can only stay in other countries
for a certain amount of time due to visa time limits, therefore they must come back
to the States at which time the missionaries look for churches that support them and
provide a place for them to stay.
Mr. Burns asked how many people would be staying at the property, Pastor Moore
told him, that only one family at a time would be in the house.
Mr. Doyle asked if this is the first home the church offers to missionaries, Pastor
Moore told him that there is already a home like this next to the church, which is
already tax-exempt.
Chairman Garfinkel explained that if the Church does not charge any rent and the
church would not collect any rent, the property would be considered a charitable
property.
Mr. Burns made the motion to accept the exempt request which was seconded by
Mr. Davis. Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Children and Families First DE Inc.
Location: Exempt Request:
195 Willis Rd $737,200
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
Per the application this property is used to help children face adversity and to help
families raise their children.
Ray D’Alessio, Senior Accountant, was present to represent the organization.
He told the board that the organization is a non-profit organization, and that this
property will be used for their “Head-Start Program” which includes interventions
and education.
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Chairman Garfinkel asked how many children would be enrolled in this program?
Mr. D’Alessio told him that it varies, could be up to 25 children.
Chairman Garfinkel asked if the children pay to be in the program, Mr. D’Alessio
told him that the program is funded by another organization.
Mr. Zuck asked if the property was rented or if Children and Families First DE Inc.
owns the property. Mr. D’Alessio explained the organization purchased the
property about a year ago.
Mr. Burns asked how many properties like this are in the State of Delaware and was
told that there are at least 4 “Head-Start” facilities right now and that they are all
exempt from paying property taxes.
Mr. Davis asked how old the students are, and what the intervention aspect initials.
Mr. D’Alessio explained that the children are as young as kindergarten age and that
some of them have been abused.
Mr. Burns made the motion to approve the exemption which was seconded by Mr.
Davis. The motion included a requirement for the company to present their form
990 to the tax office for record. The form was received via email.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Elizabeth W. Murphy School Inc.
Location: Exempt Request:
20 Pennsylvania Ave $149,600
535 S. State St. $146,200
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The nature of the business or purpose is to help children under the age of 18 who are
in need of an alternative community-based environment.
Mr. Kopp, Executive Director, was present for the hearing.
Chairman Garfinkel suggested to discuss the two properties at the same time unless
Mr, Kopp wanted to discuss them separately, Mr. Kopp agreed.
Mr. Kopp told the Board that the Elizabeth W Murphy School is a non-profit
organization is exempt from paying property taxes, which is why he filed for tax
exemption for the two properties, which had just been purchased.
He explained that foster children that the reach the age of 18, can no longer stay at
the school, therefore Mr. Kopp purchased these homes, so these children now have
a place to stay. Since these houses are located close to the school, teachers and staff
can periodically check in on the students.
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These students are taught to become independent, they learn how to drive and take
care of a car, etc.
With these houses located so close to downtown Dover, the students can walk to
stores and jobs.
Mr. Doyle asked if the school was able to help the children who turned 18 before
the purchase of these houses?
Mr. Kopp said that, since foster children who turned 18 years of age could no longer
stay at the school unless they were not finished with high school, at which time they
could stay until the age of 19, Mr. Kopp started writing grants in 1987, so he could
get funding from the State to place foster children who can no longer stay at the
school or in foster homes in homes where they could be taught life skills.
Mr. Kopp mentioned earlier in the conversation that he was told by the settlement
attorney that no “Change of Use” for the property was necessary, which was a
concern for Chairman Garfinkel, he thought since the homes went from a single-
family home to a constitution, there should be a “Change of Use” for the properties.
He asked Mr. Kopp if the Planning and Zoning office had been contacted to inquire
about the number of occupants.
Mr. Burns believes that 4 unrelated occupants per home was accepted but
questioned that 6 occupants per home, that Mr. Kopp had mentioned earlier, was
too much. Mr. Burns was concerned that the zoning for the properties was no longer
correct.
Mr. Davis also felt that it would be best for the organization to inquire about the
zoning for the properties. He is not questioning the work the school does for the
children or the exempt request but would like for Mr. Kopp to talk to Planning and
Zoning.
Chairman Garfinkel did not want to hold up the exempt request but wanted to make
sure the school inquiries about the zoning for the properties, therefore made the
motion to give the school a conditional exemption for one year, allowing the school
enough time to meet with someone from the Planning and Zoning office and have
a letter drawn up for the Board regarding zoning for the properties.
Mr. Davis seconded the motion.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Senior Citizen/Disabled Citizen Reduction Appeal
Suzanne Cerro
Location:
27 Fieldstone Ct.
BACKGROUND AND ANALYSIS
Nicole Cerro, the owner of record for the property located at 27 Fieldstone Court
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Dover DE, contacted the City of Dover Tax Office to find out if her mother
Suzanne, who has been living at 27 Fieldstone Court Dover, DE, would qualify for
the Senior Citizen Tax Reduction.
Since Suzanne Cerro is not the owner of record, Nicole Cerro was told that her
mother would not qualify for the reduction because the City of Dover code states
the “Title to the property for which the exemption is sought must be in the name of
the applicant”.
Exempt Request:
The assessed value of $130,000 to be reduced by $50,000.
Ms. Suzann Cerro was present for the hearing and started by explaining that she has
been living at the property and paying the taxes since 2008.
She feels that because she is a Senior Citizen she should qualify for the discount,
even though she is not listed as the owner.
Ms. Cerro explained that she is not listed as the owner because there is a judgment
against her, due to a divorce, which keeps her from owning the property but that
her daughter Nicole purchased the property 20 years ago.
Ms. Cerro believes that because she has been paying taxes and utilities, she should
be able to qualify for the reduction.
Mr. Davis asked if the judgment was a financial judgment, at which time Ms. Cerro
explained the circumstances that led to the judgment.
Ms. Cerro told the board that back then, she had no money to fight the judgment and
has since not been able to fight it.
Chairman Garfinkel pointed out that the city ordinance states that the person seeking
the reduction must be listed as the owner and live at the property.
Mr. Cerro insisted that she is not a renter but lives at the property and pays the
mortgage and would like for the board to make an exception.
Chairman Garfinkel explained that the Board is not in a position to go against the
city code.
Ms. Cerro asked that if the Board was not able to make a one-time exception and
the grand reduction, who would?
The Board members suggested for her to speak to her council representative. Mr.
Burns told Mr. Cerro that the Board has no authority to go against city code.
Mr. Burns then made the motion to deny the Senior Citizen Tax Reduction request,
because the owner is under 65 years of age and does not reside at the property.
Ms. Cerro interrupted Mr. Burns during the motion to say that she felt that the board
needs to have a heart and make an exception. Mr. Burns redirected the applicant
and continued to present the motion.
Mr. Doyle seconded the motion.
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Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Ms. Cerro was concerned that her opportunity to contest the decision for this coming
tax year was over.
Mrs. Marney, who joined the hearing via WEBEX, told Ms. Cerro that she has the
option to send a petition to City Council and would be heard sometime within the
next few weeks, she also suggested that Ms. Cerro to inquire about a quitclaim
deed, which would transfer ownership from her daughter to her without
endangering the debt instrument. Ms. Cerro noted that this would cause an eviction.
Mrs. Marney advised Ms. Cerro to seek legal consult on the matter.
A Public Hearing has been scheduled for the August 14, 2023 Regular City Council meeting to
consider the appeal of the denial of the request for the Senior Citizen Tax Reduction.
Ms. Cerro stated that she is on disability and does not have the funds to seek an
attorney. She asked if the information could be sent to her for appeal via email.
Mrs. Marney stated that she would send her the information through email.
Ms. Cerro continued to disagree with the board regarding their decision.
The board thanked Ms. Cerro for her application.
The meeting was adjourned at 10:55 A.M
COUNCIL COMMITTEE OF THE WHOLE-JUNE 13, 2023
The Council Committee of the Whole met on June 13, 2023, at 6:00 p.m. with
Council President Hare presiding. Members of Council present were Mr. Anderson,
Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr.
Sudler. Mayor Christiansen was also present. Civilian members present for their
Committee meetings were Mr. Tholstrup and Mr. Lewis (Parks, Recreation, and
Community Enhancement, Mr. Iriowen and Mr. Pugh (Utility), and Mr. Shevock
and Mr. Contant (via WebEx) (Legislative, Finance, and Administration).
ADOPTION OF AGENDA
Mr. Hare requested to move item one on the Legislative, Finance, and
Administration Committee, the Homeland Security Grant Program to the first item
on the Council Committee of the Whole agenda.
Mr. Neil moved for adoption of the agenda as amended, seconded by Mr.
Anderson, and unanimously carried.
Homeland Security Grant Program (HSGP) Approval for the Water System
and Well Sites Security Project (Kay Sass, Public Affairs and Emergency
Management Coordinator)
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Ms. Kay Sass, Public Affairs and Emergency Management Coordinator reviewed
the background and analysis regarding the Homeland Security Grant Program
(HSGP) Approval for the Water System and Well Sites Security Project.
Staff recommended authorizing the City Manager to accept the reimbursement
grant for all costs associated with the purchase and installation of the video
surveillance and fencing and authorizing the sole source designation for Advantech.
Mr. Hare moved to recommend approval as recommended by staff. The
motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval as recommended by staff, seconded by Mr.
Lewis, and carried by a unanimous roll call vote (Boggerty absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairwoman Arndt presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Consideration of a Public Space Naming Policy (Tricia K. Arndt, Chair of
Parks, Recreation, and Community Enhancement Committee)
Ms. Tricia K. Arndt, Chair of the Parks, Recreation, and Community Enhancement
Committee reviewed the background regarding the Consideration of a Public Space
Naming Policy.
Mr. Boggerty stated that a set of criteria for the naming of parks does need to be
established. Speaking from experience, Mr. Boggerty stated there are only so many
parks, there are so many great constituents, and there has to be a way to save a park
for them. Mr. Boggerty stated that there is a rest stop up north with a memorial
walk. Mr. Boggerty stated maybe the city can establish a memorial walk if the
criteria are met, a brick can be purchased through Parks and Recreation, and
families can honor their loved ones for as long as they want.
Responding to Mr. Lewis, Ms. Arndt stated she looked briefly into state policy and
was not able to find much. Ms. Arndt stated she thought about how bridges are
named as this is what she is familiar with, but she did not get a clear sense of their
policy.
Responding to Mr. Lewis, Mayor Christiansen stated that park names have been
generic except for Schutte Park and Williams Park in Town Point. Mayor
Christiansen stated there have not been a lot of requests and the reason those parks
were named is that it was a part of the sales agreement that Mayor Christiansen and
Councilman VanSant consummated, the city saved $500,000 by naming the park
after the Schutte family, and Williams Park is believed to be named after Senator
Williams. Mayor Christiansen stated that this is an important issue because there
have been many great folks who have served the city and who will serve the city in
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the future and there needs to be an alternative way rather than naming an entire
park.
Mr. Neil stated he liked the idea simply because it sets forth certain standards. Mr.
Neil recommended the creation of an Ad Hoc committee to come back with specific
recommendations. Mr. Neil stated that Ms. Arndt has provided several examples
and just by looking at them they may be able to make a presentation for
consideration by the group. Mr. Neil stated there are different ideas from each
example that they may be able to agree on.
Mr. Sudler stated that when considering new candidates and names some of the
established individuals from history should also be considered. Mr. Sudler stated
that he would like council to evaluate whether the park is named after someone
significant and what role they played in the community at that time. Then it should
be decided if that name should be kept or renamed.
Ms. Arndt stated that in the research she found there was a sunset provision where
park names or place names are revisited after 25 years for rededication, and it would
be a community process at that time. Ms. Arndt stated she was not moving towards
renaming parks that have already been named. Ms. Arndt mentioned some of the
ordinances and resolutions had a standard application where the applicant is
required to state how the name reflects the community, or how the person was a
benefit to the community and why they deserve that recommendation.
Mr. Anderson stated that a formal Ad Hoc committee should be created so as to not
violate any FOIA laws in regard to open meeting laws and quorums.
Mr. Neil moved that an Ad Hoc committee be formed and advertised through
the city website, the city newsletter, and the newspapers for those who would
like to join such an ad hoc committee at a time and place to be announced. The
motion was seconded by Mr. Lewis and unanimously carried.
By consent agenda, Mr. Neil moved that an Ad Hoc committee be formed and advertised
through the city website, the city newsletter, and the newspapers for those who would like to
join such an ad hoc committee at a time and place to be announced, seconded by Mr. Lewis,
and carried by a unanimous roll call vote (Boggerty absent).
Mayor and Council Reports
Council President
Mr. Hare reported that he is all signed up for the Peach Pie eating contest.
First District
Dr. Pillsbury reported that she had one request from a gentleman in regard to an
abandoned car but that the person learned they were looking at it and moved the
vehicle. Dr. Pillsbury also reported that there were concerns with their alleyway,
which is under the city and the appropriate people are looking into having it
repaved.
Mr. Rocha reported that he is helping a renter at Dover Country Club, where the
owner owns the gas utility account and divides it up amongst the renters. Mr. Rocha
stated that he is looking into the lease agreement and investigating if meters can be
added so that each apartment can have its own account. Mr. Rocha also reported
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that he is working on an issue where a neighbor of his is running a pipe into the
stormwater drain. Code Enforcement came out and is helping to assist with that.
Second District
Mr. Lewis reported that he has been dealing with a lot of issues in Stoney Creek
development. Some of the issues there are abandoned cars, debris, and trash. Mr.
Lewis also stated that one of the major issues is an access road that runs behind
Stoney Creek, there are trash, debris, and lots of dead trees, which are a serious
safety issue. Mr. Lewis stated that Clearview Meadow is going to address the trees
because they are on their property. Mr. Lewis also stated that Code Enforcement
has been doing a phenomenal job and has written multiple citations against the
people causing the infractions.
Mr. Hare reported that he followed a trash truck behind Stoney Creek, and there
were tons of trash being put out, which is a violation of what is allowed to be put
out for pickup. Mr. Hare stated that he had stopped to talk to the guys from Public
Works, and they do not just want to leave the trash there. Mr. Hare stated that this
may be something that Code Enforcement can talk to them about because they
know where the worst places are.
Third District
Mr. Neil reported that he and Ms. Arndt attended the outdoor event held at
Townsend Boulevard. The event was hosted by Towne Point, White Oak
Homeowners Association, and the Police Department. Mr. Neil reported that he and
the Mayor visited a well-known delicatessen in Rehoboth to invite them to establish
within the city. Mr. Neil also noted that he attended the Library Foundation meeting,
the Towne Point HOA meeting, the Downtown Dover Partnership meeting, the
Dover High School Capital School District Awards, the Safeway Grand Reopening,
and the Dover Park Groundbreaking. Mr. Neil reported that he assisted a constituent
resolve an issue where he had purchased his mother a home, and paid all her bills,
including rent and after she passed away the company claimed she had never paid
her rent. Mr. Neil was able to assist the gentleman with contacting a lawyer to assist
in the fight for his mother’s property.
Fourth District
Mr. Anderson reported that the Woodcrest neighbors are looking to form a
neighborhood watch again, and he referred them to the police to start organizing
that. Mr. Anderson stated that there have been constituent utility service issues that
staff has been working with to establish payment plans. Mr. Anderson stated that
he has heard some concerns from people who have properties who are not paying
in escrow on property taxes and there has been talk about applying the Clean Hands
ordinance even though there may be an arrangement. Mr. Anderson stated that there
needs to be some clarity established as that was not the intent of the Clean Hands
ordinance.
Mr. Sudler reported that on May 26, 2023, he was approached by a resident who is
very concerned with the liquor store on Bradford Street. She feels that the liquor
store is a magnet for what she perceives as undesirable activity, and behavior from
individuals who hang around the liquor store, and asked what she could do to
become involved. Mr. Sudler recommended that she join the Dover Human
Relations Commission. Mr. Sudler forwarded her information to Mr. Boggerty and
Mr. Hare as well. Mr. Sudler reported that on June 10, 2023, he spoke with Mr.
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 13
Kenny Bell, a resident of Nottingham Development who inquired about the final
paving plan process. Mr. Sudler stated that he would inquire about that information
and forward that to his council representatives. Mr. Sudler reported that on June 13,
2023, a Woodcrest resident inquired about the Interfaith Housing Program on
Walker Road. The resident is concerned with the number of programs at that site
and whether that location is zoned to support them having one, two, or three-tier
sex offenders on-site. The resident also asked why the square footage restriction
went from 1,400 square feet to 400 square feet. Mr. Sudler stated that he would get
back to them.
At-Large
Mr. Boggerty reported that on July 13, 2023, First District Councilman Rocha, and
Dr. Pillsbury will be hosting a town hall at Maple Dale Country Club from 6:30
p.m. until 8:30 p.m. Mr. Boggerty reported that on June 23, 2023, council will be
hosting a day of ice cream at The Scoop on Loockerman from 5:00 p.m. until 7:00
p.m. Mr. Boggerty reported that he attended the Village of Westover HOA meeting
that was held at City Hall and they are working on answering constituent concerns
in that area. Mr. Boggerty reminded everyone that on August 12, 2023, he will be
hosting his second Unity Day at Williams Park. Mr. Boggerty reported that he met
with a constituent regarding a dog, and he reached out to Code Enforcement to
address the issue.
Mayor Christiansen
Mayor Christiansen reported that he will provide a written report. Mayor
Christiansen reported that he met with Economic Development, the Chief of Police,
and his staff, met with numerous constituents regarding their concerns, and attended
the meetings for the boards that he is appointed to.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection the meeting
adjourned at 6:43 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Presentation – Electric Rate Study (Scott Burnham, Partner and Business
Development Lead, NewGen Strategies and Solutions)
Mr. Scott Burnham, Partner, and Business Development Lead, NewGen Strategies
and Solutions, reviewed the presentation titled Cost of Service Study.
Committee action was not required.
Responding to Mr. Rocha, Mr. Burnham stated that the green energy charge is a
state-mandated charge. It is almost like a tax for green energy funding by the state
for renewable resources.
Responding to Ms. Arndt, Mr. Burnham stated that the primary and transmission
are the voltage where customers are taking service. The distribution system is made
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 14
up of primary and secondary lines. There is the high voltage at transmission, the
345 lines on the big transmission towers, this steps down to a primary voltage and
then steps down again to a secondary voltage. A secondary voltage is what most
people take but some people that have higher power needs might require a primary.
If this is the case, they have no cost responsibility for the secondary system. Mr.
Burnham stated that when doing a cost-of-service study there needs to be a
differentiation so that they are not assigned costs that they are not responsible for.
Responding to Mr. Sudler, Mr. Burnham stated that they have taken the projected
costs as they were estimated by both TEA as well as by staff, looked over a five-
year basis, and then took the average of that. Mr. Burnham stated that it is
incumbent upon the utility to say these estimates were made of what the costs will
be and that the power market from where you buy power could drop or it could also
go up. Mr. Burnham stated that there may be a need to go back and revise the rates
or to use the power purchase adjustment mechanism to recover those costs or to
refund money back to customers.
Responding to Mr. Sudler, Mr. Burnham stated that they have not done that
analysis, but he believes it would have a significant impact on the financial
condition. Historically the power supply costs were roughly $40 million, then they
jumped up to $80 million. After the three-cent adder, they have come back down
but they have not come down to $40 million, they are sitting at about $60 million.
Mr. Burnham stated that there would be a concern that the city would end up short,
and there is not a lot of room in the reserves for that kind of cost.
Responding to Mr. Sudler, Mr. Burnham stated that he is asking about seasonality
in terms of rates, and seasonal rates are seen on a regular basis. The city gets power
from the PJM market, and there is a difference between summer and winter costs.
Mr. Burnham stated that they could analyze the costs and see a potential for
seasonal rates.
Responding to Mr. Boggerty, Mr. Burnham stated that it is taking the one-month
customer charge of $9.42, the average customer usage, 892 kilowatt-hours, times
1481, plus 892 times the green energy charge to come up with the total bill. In the
subsequent change or phase, one is taking the same billing determinants that the
kilowatt-hours and the customer times the rates proposed.
Responding to Mr. Boggerty, Mr. Burnham stated that for June it would be an
increase, relative to the average bill, however, it would be a decrease.
Responding to Mr. Boggerty, Mr. Waddell stated that the DEMEC and TEA would
perform close to the same functions. TEA, The Energy Authority, provides a greater
scope and scale of services than the DEMEC. There could be fluctuations in power
costs but there is no way to know. Mr. Waddell stated that it is all coming from the
seller of said energy and what the cost of natural gas is.
Responding to Mr. Neil, Mr. Waddell stated that before implementing the three-set
PCA or PPA, the city was number one across the board, with the lowest total bill
utility among all the municipalities including Co-op and Delmarva, with the
exception being either large commercial or primary class. With the implementation
of the proposed rates, the city would go from one to fifth on a majority of those, the
lag would be found in large commercial or primary. Mr. Waddell stated that when
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 15
looking at the disparity between the lowest and the highest it is roughly $2 in a
residential bill. The city would not be the lowest, but it would not be the highest.
Responding to Mr. Lewis, Mr. Waddell stated that the plan is to keep the rate fixed
starting July 1, 2023, and then stay the course through July 25’. Mr. Waddell stated
that the last rate study and adjustments were made in 2018. They are still operating
off 2018 projections and calculations, so a lot of things have changed, and this is
due.
Responding to Mr. Anderson, Mr. Burnham stated that they did look at all the
reserve accounts and discussed with Ms. Peddicord the possibility of removing
some of those funds and using funds to reduce the revenue requirement and
allocating that to the different customer classes. Mr. Burnham stated that to the
extent that they could they did, they pulled some money out of the rate stabilization
fund. The other funds, however, did not have excess funds in them, so they were
meeting policy limits.
Mr. Rocha stated that he brought his electric bill and his charge for this month was
$150.64, when calculated with the new rate, it will jump to $177.56, a difference
of $26.92.
Responding to Mr. Pugh, Mr. Waddell stated that it is mandatory that 0.000178 for
every kilowatt sold, there are some municipalities that charge double. However,
state law dictates that the minimum is charged, and that is what the city charges.
Responding to Ms. Marney, Mr. Waddell stated that Ms. Marney is referring to the
calculations for the budget, which is based on revenue from July 1, 2023, to June
30, 2024. So, if there is a delay in the implementation of all the rates, there will be
a loss of one month’s projected revenue increase. All the funds will be one month
behind, with one-twelfth of what they were projected to have.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 8:00 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Dover Code of Ordinances – Citation Discussion (Mary Ellen Gray, Planning
and Community Development Director)
Ms. Mary Ellen Gray, Planning and Community Development Director reviewed
the background and analysis regarding the Dover Code of Ordinances – Citation
Discussion.
Staff recommended approval of the four bulleted recommendations included in the
memo from Mary Ellen Gray.
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 16
Responding to Dr. Pillsbury, Ms. Gray stated that there is no military provision in
the policy.
Responding to Dr. Pillsbury, Mr. Rocha stated that from his experience, if the
individual was living on base and went TDY, they would be responsible for their
grass, so it should not be any different when they live out in the community.
Responding to Ms. Arndt, Ms. Gray stated that yes, the proposal is that a notice
would be placed on the door, and they would have 48 hours to mow their grass.
Responding to Mr. Lewis, Mr. Kopp stated that with the legal aspects of code
administration, they can enter the property to post a notice, which could be hanging
a door hanger, however, they cannot enter a property for any reason to obtain a
violation or evidence of a violation, that is considered trespassing. Mr. Kopp stated
they take pictures using a landmark like the bricks on the side of the house, or a
mailbox post. Mr. Kopp stated when someone calls about a notice he asks, “Can I
come to your house with a meter stick and measure that landmark, and will it be
under eight inches?”. Mr. Kopp also stated that the weather cannot be a valid
excuse, it is not fair when 98 of the neighbors out of 100 maintain their grass. Mr.
Kopp also stated that they try to talk to people as much as possible.
Responding to Mr. Neil, Mr. Kopp stated that if someone calls regarding a grass
citation, they will go out and measure the grass and if it is under eight inches, it is
not necessarily an appeal, but a void of the case because the violation did not exist.
The case will be voided because the violation was issued in error and that will be
annotated in the case file. Mr. Kopp stated that if a month later there is a grass
violation on that property, they do not get charged with a second offense. Mr. Kopp
stated that they would get a citation, but it would be their first citation not their
second. In addition, Mr. Kopp stated that the door hanger has their phone number.
Mr. Kopp stated that the constituents can call and request an extension, the only
time an extension is denied is when an extension is requested every month to get
out of fixing the problem.
Responding to Mr. Rocha, Mr. Kopp stated that they already removed from the
violation letter the part where it says you can appeal a grass citation.
Mr. Hare moved to accept the staff recommendation.
Mr. Lewis requested that the addition of what was suggested by the council
members be considered.
Mr. Hare moved to recommend approval as recommended by staff with the
addition of the suggestions made by the council members. The motion was
seconded by Ms. Arndt and unanimously carried.
By consent agenda, Mr. Neil moved for approval as recommended by staff with the addition
of the suggestions made by the council members, seconded by Mr. Lewis, and carried by a
unanimous roll call vote (Boggerty absent).
Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative
Initiative with the Dover/Kent County Metropolitan Planning Organization
(Sharon Duca, Assistant City Manager)
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 17
Ms. Sharon Duca, Assistant City Manager reviewed the background and analysis
regarding the Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative
Initiative with the Dover/Kent County Metropolitan Planning Organization.
Staff recommended that City Council make a leadership commitment to participate
with the Dover/Kent County MPO, and other municipalities, in the application to
the SS4A program to prepare a regional Comprehensive Safety Action Plan.
Responding to Ms. Arndt, Ms. Duca stated that the $30,000 that was referenced was
a possibility for what would have to be paid towards the comprehensive planning
grant with DelDOT coming forward to pay for that, the city has no financial
responsibility for the action plan phase. Ms. Duca stated that if the action plan
comes up with projects that the city would like to pursue, the city could move
forward with a grant in a subsequent year, then the city would need to come up with
twenty percent of what that anticipated cost would be.
Mr. Hare moved to recommend approval as recommended by staff. The
motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval as recommended by staff, seconded by Mr.
Lewis, and carried by a unanimous roll call vote (Boggerty absent).
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 8:40 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 8:41 p.m.
MONTHLY REPORTS – May 2023
By motion of Mr. Neil, seconded by Mr. Lewis, the following monthly reports were
accepted by consent agenda (Boggerty absent):
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
QUARTERLY REPORTS
Members were provided the Quarterly Revenue Report as of June 30, 2023, and Capital
Review – Capital Investment Plan (CIP) (April, May, June 2023)
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report
as of June 30, 2023, and Capital Review CIP Report. The motion was seconded by
Mr. Lewis and carried by a unanimous roll call vote (Boggerty absent).
APPOINTMENT / REAPPOINTMENT RECOMMENDED BY MAYOR
CHRISTIANSEN – HISTORIC DISTRICT COMMISSION – THREE-YEAR TERM TO
EXPIRE JULY 2026
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 18
Mayor Christiansen recommended the following appointments/reappointments to the Historic
District Commission for a three-year term to expire July 2026.
Ellen H. Richardson
Mary T. Mason
Ann B. Horsey
By consent agenda, Mr. Neil moved for approval of the following appointments, seconded
by Mr. Lewis, and carried by unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - PUBLIC
ADVISORY COMMISSION OF THE MPO – DANA T. SHELTON - TWO-YEAR TERM
TO EXPIRE JULY 1, 2025
Mayor Christiansen recommended the appointment of Mr. Dana T. Shelton to serve on the
Public Advisory Commission of the MPO for a two-year term to expire July 1, 2025.
By Consent Agenda, Mr. Neil moved for approval of the appointment of Mr. Shelton as
recommended by Mayor Christiansen. The motion was seconded by Mr. Lewis and
unanimously carried (Boggerty absent).
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN – ETHICS
COMMISSION – DR. ERIKA D. CRAWFORD - FIVE-YEAR TERM TO EXPIRE JULY
31, 2028
Mayor Christiansen recommended the appointment of Dr. Erika D. Crawford to serve on the
Ethics Commission for a five-year term to expire July 31, 2028.
By consent agenda, Mr. Neil moved for approval of the appointment of Mr. Shelton as
recommended by Mayor Christiansen. The motion was seconded by Mr. Lewis and
unanimously carried (Boggerty absent).
RESOLUTION NO. 2023-10 – TEFRA APPROVAL 2023 NFA CAPITAL PROJECTS
(Westminster Village 112573092)
By consent agenda, Mr. Neil moved for the adoption of Resolution No. 2023-10. The motion
was seconded by Mr. Lewis, and by a unanimous roll call vote, Council adopted the following
Resolution:
WHEREAS, Presbyterian Senior Living (the “Corporation”), a Corporation-Not-for-Profit
organized and existing under Pennsylvania laws and operating non-profit health center and
retirement community facilities serving the public in this City has determined to finance a project of
the Corporation consisting of various capital expenditures and improvements including renovations,
restorations, expansions, upgrades, alterations, repairs, capital equipment and furnishing acquisitions
and construction of general capital improvements to its facilities, including Westminster Village
Dover located in this City (the “Project”); and
WHEREAS, the Corporation desires to finance the Project by incurring debt to be evidenced by one
or more series of bonds or notes (the “Obligations”) to be issued by a governmental body for the
benefit of the Corporation (the “Issuer”) in an aggregate principal amount not to exceed $30,725,000,
with up to $3,200,000 being expended in this City for the Project; and
WHEREAS, the Issuer and the Corporation intend that the interest on the Obligations will be
qualified for exemption from federal income taxation under provisions of Section 103 of the United
States Internal Revenue Code of 1954, as amended (the “1954 Code”), including amendments made
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 19
by the Internal Revenue Code of 1986 (the “1986 Code”), the 1954 Code and the 1986 Code being
referred to herein as the “Code” (such obligations are referred to herein as “tax-exempt obligations”);
and
WHEREAS, Section 147(f) of the Code requires that the governmental unit having jurisdiction over
the area in which a project to be financed with tax-exempt obligations is located give its approval
for the project to have the benefit of the use of tax-exempt obligations after a public hearing on the
matter.
NOW THEREFORE, be it resolved by the Mayor and Council of the City of Dover, Delaware,
as follows:
1. The advertisement and holding of a public hearing on behalf of the City regarding
the Project and the issuance of the Obligations as tax-exempt obligations, as required by Section
147(f) of the Code, is hereby authorized, approved, and ratified.
2. The Council of this City hereby authorizes and directs the Mayor and Council
President, upon receipt of a synopsis of the public hearing, to execute and deliver on behalf of the
Council of this City a Certificate of Approval with respect to the Obligations, such Certificate of
Approval to be substantially in the form attached hereto as Exhibit A, with appropriate insertions.
3. The approval granted hereby shall not, in any way, pledge or obligate the credit or
taxing power of this City, nor shall this City be liable for the payment of the principal of, or interest
on, any obligations issued as conduit financing through the Issuer for the Project, including the
Obligations.
4. Nothing in this Resolution is intended to be, nor shall it be construed as, an approval
of the Project or the Obligations by this City for any purpose other than the public approval
requirement of Section 147(f) of the Code.
5. All prior actions of this City taken in conformity with the intent and purposes of this
Resolution are ratified, confirmed, and approved.
6. All prior resolutions or parts of resolutions, insofar as such shall be inconsistent
herewith, shall be and the same expressly are repealed.
DULY ADOPTED this 24th day of July 2023, by the Mayor and Council of the City of Dover,
Delaware.
ADOPTED: July 24, 2023
CITY MANAGER'S ANNOUNCEMENT
City Manager Hugg introduced Chelsia Ivee Douglas, a Whittington Doctoral Fellow with the
Biden Institute and the Community Engagement Summer Scholar with the City of Dover.
MAYOR'S ANNOUNCEMENTS
Mayor Christiansen did not have any announcements.
COUNCIL MEMBER'S ANNOUNCEMENTS
Mr. Lewis announced that the new Safety, Advisory, and Transportation Committee Member, Ms.
Vonderlear Smack, is a sponsor of the ME Festival, which will take place Saturday, August 12,
2023, from 11 a.m. until 6 p.m. on Legislative Mall.
Página 20
CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 20
Council President Hare reminded everyone of the DMSO Annual Fundraiser and Auction that is
being held at the Dover Elks Lodge #1903 on Saturday, August 19, 2023, from 6 p.m. until 9:00
p.m. Mr. Hare also reminded everyone that the August 28, 2023, Regular Council Meeting and the
August 29, 2023, Council Committee of the Whole meetings are canceled.
Mr. Hare moved for adjournment of the Regular Council meeting, hearing no objection, the
meeting adjourned at 6:46 p.m.
The meeting was adjourned at 6:46 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 24, 2023, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1 – Letter from Jackie George
Exhibit #2 – Letter from Dr. Valarie Boyer
Exhibit A – Certificate of Approval-Resolution No. 2023-10
Página 21
EXHIBIT #1
Regular Council Meeting of July 24, 2023
Thank you for the opportunity to come before you and express
my concerns regarding a property in my development.
Malcolm DuBois is the owner of 106 Tucket Circle in a small ca-
cul-de-sac in Cranberry Run. On May 4, 2022, Malcolm posted
on Facebook pictures of a 24'x8' trailer with his landscaping
logo on 3 sides with the statement "hit me up for all your
landscaping needs". Since that date, the trailer has been parked
either in his back yard or on the street attached to one of his 3
pickup trucks. This trailer can carry at least 3 tons and is driven
off the property almost every day because it contains mowers,
blowers, and other landscaping equipment. He is being paid for
these services. This clearly meets the City's definition of a
commercial vehicle. This was confirmed in correspondence I
received from Mr. Kopp stating that vehicles with a carrying
capacity of 1 ton are prohibited from most residential lones.
On March 14th Mr. Dubois was issued a Violation notice to
remove the "commercial Vehicle" from his property, so
obviously at some time the City agreed that it is a "commercial
vehicle". The trailer remained on the property, and then the
logos began to be covered by black tarps. So, can someone
please tell us, when, where, and how was the City's definition
of a "commercial vehicle" changed?
It has also been rumored (and advertised on Facebook) that his
intent is to fence in his back yard and operate an exotic car
rental business (Dubois Exotics LLCfile number 6597517).
Within the past couple months, he has acquired a Tesla, Jaguar
and today a Honda was delivered. So as of today, there are 2
cars in his driveway, and 2 cars and a pick-up truck parked on
the street. The other 2 trucks get parked in the back yard on the
grass.
Página 22
As part of his landscaping business, Mr. DuBois brings branches
and other yard waste back to his property and "open burns" it
in his back yard. The fire trucks and fire police have been out
several times. According to DNREC,this is "commercial
burning" and is permitted.
Mr. Dubois is a nice guy, a hard worker, and seems to be a good
father, but this kind of business does not belong in a residential
neighborhood. He has men that work for him that drive their
vehicles to the house, park on the street, and drive off in
Malcolm's trucks and trailers. This is creating unnecessary noise
and traffic throughout the day.
Many of us in the development have tried to talk to Malcolm,
but our complaints fall on deaf ears. He says he is a father
trying to make a living to support his son. He was voted onto
the HOA Board and then voted off because he doesn't believe
in rules and wants the Deed Restrictions changed. We recently
sent out a survey to find out if people want changes and his
survey came back that he wants things changed to what the city
allows. Well, no wonderll They aren't enforcing their own
Codes.
People that drive on Route 8 have asked who the junk yard
belongs to. We ask that you take a drive for yourself past, or
behind the property and ask yourself "would I want to be his
neighbor"?
What has to happen before the City Codes are enforced??
THANK YOUI
Página 23
EXHIBIT #2
Regular Council Meeting of July 24, 2023
Dr. Valarie Boyer
3 Somerset Circle, Dover DE 19904 302-650-9622
vboyer3@icloud.com
July 24, 2023
City Council
15 Loockerman Plaza Street
Dover, Delaware 19901
Dear Council Members:
My name is Dr. Valarie Boyer, and I am the Vice President of
Cranberry Run Homeowners Association. Since I cannot appear in person
at the meeting scheduled for July 24, 2023, I have requested that a board
member read this letter and that it be kept on file with the City of Dover
City Council minutes.
I have lived in Dover and have been a homeowner in Cranberry Run
since October 22, 1999. I selected this development because I understood
that deed restrictions were adhered to and the residents would maintain
general grounds through yearly dues. Throughout the past 24 years,
Cranberry Run has remained a well-maintained, beautiful development.
Mr. Malcom Dubois appears to be operating a business from his
residence in Cranberry Run, which is prohibited in our Deed Restriction
document. Consequently, residents in the development have voiced their
dislike of excessive and unsightly vehicles that permeate the streets of
Cranberry Run.
Today, in 2023, the Homeowners Association has followed all rules
and restrictions and worked with the residents equitably. Recently a
resident of Cranberry Run requested that the deed restrictions be
changed, resulting in the Board of Directors contacting our attorney and
following the proper protocol for any suggested changes. The residents
did vote, but the result was not unanimous for the changes. Therefore at
this time, the restrictions are still in place until another vote in the future.
We are consistently in touch with our attorney regarding any legal aspects
that need to be addressed.
Página 24
In conclusion, I ask that the CiW of Dover City Council continue to
allow the residents, including the Board of Cranberry Run, to operate and
control our development without any zoning changes, which individual
residents, including Mr. Dubois, may request to accommodate personal
needs and change the residential development in which they voluntarily
moved into with the deed restrictions already in place. Furthermore, the
homeowners association would like to have input on any hearings
regarding changes that the city of Dover may contemplate to
accommodate individuals, specifically business operations in Cranberry
Run.
A written response to the Cranberry Run Homeowners would be
appreciated and necessary to share with the residents of Cranberry Run.
Sincerely yours,
Dr. Valarie Boyer
Vice President Cranberry Run Association
Dr. Valarie Boyer
Cranberry Run Homeowners Vice President
Página 25
COUNCIL RESOLUTION NO. 2023-10 EXHIBIT A PAGE 3
Regular Council Meeting of July 24, 2023
EXHIBIT A
(FORM OF CERTIFICATE OF APPROVAL)
CITY OF DOVER, DELAWARE
CERTIFICATE OF APPROVAL
The undersigned, being the Mayor and Council President of the City of Dover, Delaware,
does hereby approve the issuance of obligations qualified under Section 103 of the Code to provide
financing for the projects in the amount and on behalf of the Applicant as described below. This
Approval is being given after due consideration of the minutes of a public hearing on the matter held on
the date and at the time and place set forth below following reasonable public notice:
Applicant: Presbyterian Senior Living
Operator or Manager of Facility: Presbyterian Senior Living
Maximum Aggregate Face Amount of Tax-Exempt Obligation to be
Issued With Respect to the Facility: $30,725,000 (Up to $3,200,000
within this City).
Functional Description of the Type and Use of Facilities Being
Financed: Health center and retirement community facilities and
equipment.
Location of Facilities being Financed: Westminster Village Dover -
1175 McKee Road, Dover, DE 19904-2268
Time, Date, and Place of Public Hearing: 9:30 a.m.., prevailing local
time, Thursday, June 29, 2023, remotely held pursuant to Rev. Proc.
2022-20.
Notice of Public Hearing: Notice of Hearing published June 22, 2023,
in the Delaware State News, Dover, DE.
Synopsis of Hearing: A Synopsis of the Hearing is on file with the City.
This Approval is given by the City solely for the purposes of Section 147(f) of the Internal
Revenue Code of 1986, as amended. The obligations to be issued shall not constitute a debt or obligation
of the City, and the City hereby assumes no obligation whatsoever with respect to payment of the same.
This Certificate of Approval is not intended to be, nor shall it be construed as, an approval of the
obligations to be issued for the benefit of the Applicant or of the projects to be undertaken by the
Applicant for any purpose other than the public approval requirement of Section 147(f) of the Code.
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service
Página 26
COUNCIL RESOLUTION NO. 2023-10 PAGE 4
The foregoing approval is granted pursuant to authorization granted to the undersigned
by resolution duly adopted on July 24, 2023, by the Mayor and Council of the City of Dover.
IN WITNESS WHEREOF, the undersigned have affixed their respective signatures, on
this 24th day of July 2023.
ADOPTED: July 24, 2023
________________________________ ______________________________
ROBIN R. CHRISTIANSEN WILLIAM F. HARE
MAYOR COUNCIL PRESIDENT
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service