Página 1
CITY OF DOVER, DELAWARE
ANNUAL CITY COUNCIL MEETING
Monday, May 13, 2024 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PACKET HAVE BEEN REVISED BY REMOVING
EAST DOVER ELEMENTARY SCHOOL 2ND-GRADE CLASS FROM PLEDGE OF
ALLEGIANCE AND THE PRESENTATION OF COLORS.
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/yz71pl
Event number: 2531 530 6411
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
PRELUDE - Madison Skelley (Caesar Rodney High School)
INVOCATION - Bishop Carol Boggerty
PLEDGE OF ALLEGIANCE - South Dover Elementary School 4th Grade Spanish Immersion Class
NATIONAL ANTHEM - Izabella Raughley (Dover High School)
ADOPTION OF AGENDA
Page 1
Página 2
ANNUAL CITY COUNCIL MEETING - May 13, 2024 PAGE 2
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
1. Election of Council President/Vice Mayor
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.
PROCLAMATIONS
2. Community Action Month
3. Economic Development Week
4. National Police Week
5. Public Works Week
STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN
6. State of the City Message - Mayor Robin R. Christiansen
PUBLIC HEARING
7. Removal of certain parcels (22 Acres) from the Downtown Development District
RESOLUTIONS
8. Resolution No. 2024-06 - Supporting the Application for a Five-Year Extended
Designation as a Downtown Development District
PUBLIC HEARING/FINAL READING - The First Reading of the Proposed Ordinances was
accomplished during the Council meeting of MARCH 25, 2024. The ordinance is available at the
entrance of the Council Chambers and on the City's website at www.cityofdover.com under
"Government", or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
9. Proposed Ordinance #2024-09-Lands of Linda Duncan at 600 Forest Street
Ordinance 2024-09 Review and Action on a rezoning application for a parcel of land
consisting of 0.51 acres+/-. The property is zoned IO (Institutional and Office Zone) and
subject to the H (Historic District Zone) and the SWPOZ (Source Water Protection Overlay
Zone). The proposed zoning for the property is C-2A (Limited Central Commercial Zone)
and remaining subject to the H (Historic District Zone) and the SWPOZ (Source Water
Protection Overlay Zone). The property is located on the south side Forest Street and near
the west end of Loockerman Street.
Page 2
Página 3
ANNUAL CITY COUNCIL MEETING - May 13, 2024 PAGE 3
(The owner of record is Linda Duncan. The equitable owner is Erin Barrett. Property
Address: 600 Forest Street. Tax Parcel: ED-05-076.12-02-44.00-000 and ED-05-076.12-02-
45.00-000. Council District 4.)
10. Proposed Ordinance #2024-10-Lands of White Marsh Environmental Systems Inc at 1100
& 1110 S Little Creek Rd
Ordinance 2024-10 Review and Action on a rezoning application for a parcel of land
consisting of 10.7146 acres +/-. The property is zoned CPO (Commercial and Professional
Office Zone). The proposed zoning for the property is IPM (Industrial Park Manufacturing
Zone). The property is located on the south side of South Little Creek Road and west of
State Route 1.
The owner of record is White Marsh Environmental Systems Inc. c/o Tidewater Utilities.
Property Addresses: 1100 and 1110 S. Little Creek Road. Tax Parcel: ED-05-077.12-01-
03.00-000. Council District 2.
CONSENT AGENDA
ADOPTION OF MINUTES
11. Regular City Council Meeting of April 22, 2024
COMMITTEE REPORTS
12. Council Committee of the Whole Report April 23, 2024
Utility Committee
13. Discussion and Update on Customer Service Utility Policies (Allison Haines, Interim
Customer Service Director)
(Committee Action Not Required)
Legislative, Finance, and Administration Committee
14. Proposed Ordinance #2024-07 - Amending Chapter 80 - Personnel, Article IV -
Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan
(Councilman Anderson and Councilwoman Dr. Pillsbury)(On April 19, 2024, the
General Employee Pension Plan Board held a Special Meeting to review the proposed
ordinance as presented at the April 09, 2024, Legislative, Finance, and Administration
meeting.)
(Committee Recommendation: Recommended deferring action until the legal review
is completed.)
15. Discussion - Information Technology Improvements and Council Support (Larry
Josefowski, Information Technology Director)
(Committee Action Not Required)
Page 3
Página 4
ANNUAL CITY COUNCIL MEETING - May 13, 2024 PAGE 4
16. Enterprise Fund for BLS Emergency Transportation Costs (David S. Hugg, III, City
Manager)
(Committee Recommendation: Approval of Proposed Ordinance #2024-12.)
MONTHLY REPORTS - March 2024
17. City Council’s Community Enhancement Fund Report
18. City Manager’s Report
19. Controller/Treasurer's Budget Report
20. Fire Chief's Report
21. Police Chief's Report
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY CITY COUNCIL
22. 2024/25 Annual Staff Appointments
A. Interim Chief Building Inspector - Sharon Duca
B. Assistant City Clerk - Arielle M. Rivera
C. Assistant Treasurer - Andria L. Bennett
D. Assistant Treasurer - Arielle M. Rivera
E. Fire Marshal - Jason Osika
F. City Solicitor - Nicholas Rodriguez
G. Deputy City Solicitor - Gary Junge
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
23. Election Board - Three-Year Term to Expire May 2027
A. First District
B. Second District
24. Construction and Property Maintenance Code Board of Appeals - One-Year Term to
Expire May 13, 2025
A. Representative of Homeowners
B. Representative of Local Real Estate Industry Association
Page 4
Página 5
ANNUAL CITY COUNCIL MEETING - May 13, 2024 PAGE 5
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT
25. 2024/25 Annual Committee Appointments Recommended by Council President
A. City/County Committee (Liaison to Kent County)
B. Council Committee of the Whole Subcommittees (Recommended by the Council
President and Committee Chairs)
C. Downtown Dover Partnership Board of Directors
D. Economic Development Committee
E. General Employee Pension Plan Board
F. Kent County Tourism Board of Directors (Voting Liaison)
G. Kent Economic Partnership Board of Directors (Voting Liaison Member)
H. Other Post-Employment Benefits (OPEB) Board
I. Police Pension Plan - Retirement Committee
RESOLUTIONS
26. Resolution No. 2024-07 - Authorizing Signatures for Banking Services on Behalf of the
City of Dover, Delaware-Controller/Treasurer, Assistant Controller/Treasurer, and
Assistant Treasurers
SPECIAL ELECTION TO FILL VACANCIES - ROBBINS HOSE COMPANY-FIRE LINE
OFFICERS (TERM TO EXPIRE DECEMBER 10, 2024)
27. Deputy Fire Chief - Brian Bashista
28. First Assistant Fire Chief - Jason Boc
29. Second Assistant Fire Chief - James Iannucci
30. Third Assistant Fire Chief - Brian Cullen
31. Fourth Assistant Fire Chief - Christopher Riale
32. First Fire Line Captain - Drew Kuntzi
33. Second Fire Line Captain - Nickolas Senne
ITEMS NOT ON THE CONSENT AGENDA
ORDINANCES
FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by
Council will take place during the Second Reading on JUNE 10, 2024. The ordinance is available at
Page 5
Página 6
ANNUAL CITY COUNCIL MEETING - May 13, 2024 PAGE 6
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 302-736-7008 or cityclerk@dover.de.us.
34. Proposed Ordinance #2024-12 - Amending Chapter 38 - Emergencies by adding Article
III - Emergency Services
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council Meeting of APRIL 22, 2024. The ordinance is available at the entrance of the Council
Chambers and on the City's website at www.cityofdover.com under "Government."
35. Committee Amendment #1 - Proposed Ordinance #2024-13 - Chapter 80 - Personnel,
Article IV - Pension Plans and Retirement Benefits (except Police), Division 3 - General
Employee Pension Plan
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
Page 6
Página 10
Item #5.
Page 10
Página 11
Item #7.
City of Dover
Downtown Development District
Renewal Application
May 2024
Page 11
Página 12
Item #7.
Downtown Development Districts
Application for District Renewal
District Renewal Application for Expiring DDD Districts
Application Period and Deadlines: The application period opens three years prior to
expiration. Applications for extensions must be submitted within 6 months of the current DDD
program expiration. Applications are accepted on a rolling basis and reviewed by the Cabinet
Committee on State Planning Issues (CCSPI) at their next scheduled meeting.
Application must be accompanied by a Resolution from the legislative body supporting the
application for a DDD District Designation Extension, and an updated District Plan.
Review and Approval: Applications for five-year DDD District Renewal are reviewed by
OSPC and agency partners. OSPC will prepare a report and recommendation which will be
presented to the CCSPI which will in turn make a recommendation to the Governor. The
Governor may renew Districts for up to two 5-year renewal periods.
Completed applications should be sent to OSPC@delaware.gov
Completeness: Applications for District Renewal will be evaluated by the Office of State
Planning Coordination for completeness upon receipt. Incomplete applications will not be
reviewed and will not be forwarded to the Cabinet Committee on State Planning Issues for their
consideration. Applicants are encouraged to meet with the OSPC early in the process, and work
with the OSPC Principal Planners throughout the application process to ensure a complete and
accurate application.
Municipality / County: City of Dover, Kent County, Delaware
DDD Program expiration date January 2025
Check list: □ Application Form
□ Legislative Body Resolution
□ Updated District Plan
If proposing the removal of parcels from the original District Boundary:
□ Certified Mail Receipts, to owners of all parcels to be removed
□ Public Hearing Minutes, revised boundary meeting
Page 12
Página 13
Item #7.
Downtown Development Districts
Application for District Renewal
Contact Person for Application District Administrator (if different)
Name: David Hugg, III, City Manager Name:
Address: 15 Loockerman Plaza Address:
Dover, DE 19901
Phone: (302) 736-7005 Phone:
Email: dhugg@dover.de.us Email:
Signature Date Signature Date
Legislative Body Resolution:
The resolution must affirmatively indicate that the legislative body supports the application for
the extension of Downtown Development District designation and is willing to adhere to the
District Plan and the Local Incentives for the extended duration.
Date of Resolution in support of DDD Extension Application: May 13, 2024
Resolution number: 2024-06
Program Administration:
Describe any proposed changes in how the DDD program will be administered (such as new
organizational structure or personnel to enhance implementation of the DDD program).
Dover’s Downtown Development District (DDD) program is administered out of the
Department of Planning and Inspections. From 2017 until October 2023, a City
Planner/Planning Director within the Department served as the administrator of the
program, with other planning staff support. The Downtown Dover Partnership (DDP)
assisted with marketing the program. In October 2023, this planner left the City. In the
interim, the City Manager has been filling the role of program administrator. The City is
recruiting to fill this planner position vacancy, along with the Director of Planning and
Inspections position. Once these vacancies are filled, the program administration will be
transferred back to the Department of Planning and Inspections.
As the Main Street organization and downtown redevelopment organization, the
Downtown Dover Partnership (DDP) has been an important partner in administering and
Page 13
Página 14
Item #7.
Downtown Development Districts
Application for District Renewal
promoting the Downtown Development District program. Tina Bradbury, the DDP’s
Operations Manager, is often the first point of contact for business prospects looking to
invest in downtown Dover. Ms. Bradbury is well-versed on the DDD program, including
the City’s incentives. Additionally, the DDP offers its own incentives to prospective
businesses, including façade grants, architectural assistance, and critical improvement
grants.
With the DDD designation renewal, Dover will renew efforts to market the program and
will update the program materials and website. The City proposes developing a
memorandum of understanding with the DDP to formalize the DDP’s role as an program
partner and with program administration.
Page 14
Página 15
Item #7.
Downtown Development Districts
Application for District Renewal
Need and Impact:
Describe the impact the DDD program has had on your downtown thus far. In the response,
please consider the program’s effectiveness in creating capital investment, creating jobs,
improving housing stock, increasing residents and visitors, providing enhanced retail and
entertainment opportunities, and otherwise improving the quality of life within such district.
Refer to the Key Priority Projects identified in the initial DDD program application; Was the
District successful in implementing these projects?
Provide justification as to why the program should be extended.
The Dover DDD has been instrumental in the success of transforming Downtown Dover’s
residential neighborhoods by demolishing inadequate buildings and replacing them with new,
affordable, owner-occupied homes during the first 10 years of the program. However, Dover
has faced, and continues to face, significant challenges to downtown revitalization efforts due
to the deterioration of existing building stock, the costs associated with renovating buildings
that have been vacant or underutilized for decades, and fragmented neighborhoods resulting
from neglected housing stock, low homeownership rates, and crime.
At the time of the initial application, beginning in 2014/2015, investing in housing was
identified as being pivotal to revitalization efforts, because perceptions of safety and crime,
high home rental rates, and the deteriorated condition of much of the housing stock deterred
potential investors. These conditions resulted in a considerable number of marginally
compliant rental properties owned by absentee or unresponsive landlords. Efforts for infill on
vacant lots and replacing vacant and demolished buildings with new, owner-occupied homes
or other structures was key to the Restoring Central Dover Plan, which was led by NCALL,
now known as NeighborGood Partners. At the time, it was clear that revitalization of the
Central Business District could not be realized without addressing the deterioration of the
downtown neighborhoods. This was a strong focus of the past ten years of the program. The
transformation of neighborhood blocks was the key project for the program to date. Central
Delaware Habitat for Humanity has constructed 34 new homes so far, and NeighborGood
Partners has completed 17. In addition, Milford Housing Development Corporation
constructed two homes and several small, private developers built homes as well, for a total of
more than 60 new homes. There are additional need and impact details included on pages 1-2
of the Updated District Plan attached, as well as detailed demographic data on pages 8-14.
As a result of the DDD program, the City of Dover has been able to achieve significant
improvements in terms of:
1. Housing:
According to decennial census data, in census blocks that intersect with the DDD, the number
of vacant housing units as a percentage of total housing units fell from 13% in 2014 to 10% in
2020. Additionally, homeownership rates improved. Based on block level data from the 2010
Decennial Census, of all occupied housing units, 82% were rentals and 18% were owner-
Page 15
Página 16
Item #7.
Downtown Development Districts
Application for District Renewal
occupied, with or without a mortgage. As of 2020, 25% of all occupied housing units within
the DDD were owner-occupied and just 75% were rented. While clear progress has been made
in terms of stabilizing housing and increasing homeownership in the DDD, homeownership
rates in the City of Dover as a whole, are significantly higher at 47% in 2020, and vacant
housing units comprise only 6% of all units. This indicates that there is still need for ongoing
investment in housing stock to continue increasing homeownership in Dover’s DDD. Please
refer to the housing and population demographic data on pages 8-12 of the Updated District
Plan for more information, as well as Appendix B of the plan. Maps 7 and 8 illustrate the
block level change in homeownership rates from 2010 to 2020, and Map 9 shows 2020 block
level vacancy rates.
2. Vacant and Dangerous Buildings
In 2010, the DDD contained 49 registered vacant buildings, 7 buildings that had been declared
dangerous, and 25 lots where buildings had been demolished due to a dangerous building
declaration. Today, the number of registered vacant buildings has been reduced to 42.
Additionally, there are 35 properties where a building has been repaired by the owner. While
progress has been made in reducing blight within the DDD boundary, there is ongoing need.
Even with the reduced number of vacant buildings, a disproportionate number of neglected
buildings and lots are located within the district and immediately surrounding areas. The City
continues to take a strong stance on code enforcement. As of May 2024, there are 17 buildings
that have been declared dangerous, and 38 lots where buildings have been demolished by the
City or by the Owner. Please refer to the housing and population demographic data on pages
8-12 of the Updated District Plan for more information, as well as Appendix B of the plan.
Maps 10 and 11 illustrate the locations of vacant and dangerous buildings.
3. Crime
According to data provided by the Dover Police from 2019-2023, crime density remains
highest along S. New Street within the DDD, as it was in 2010; however, the intersection in
Loockerman and State St. now shows as a crime a hot spot based on recent data. Please see
Appendix B of the Updated District Plan. Maps 12-15 provide more information about crime
patterns within the DDD.
4. Poverty & Income
Based on available census data, it is challenging to draw any conclusions about the impact of
the DDD on income and poverty thus far. There is not block level data for most income and
poverty measures included in the U.S. Census. Block group shapes have changed significantly
between 2010 and 2020, meaning direct comparisons of block groups over time are not useful.
Therefore, we have used tract level data though census tract shapes have changed slightly, and
significant portions of each census tract that intersects with the DDD fall outside of the district
boundary. Please see Appendix B of the Updated District Plan. Maps 3 and 4 outline current
Page 16
Página 17
Item #7.
Downtown Development Districts
Application for District Renewal
tract, block group, and block shapes. Maps 5 and 6 demonstrate how those shapes changed
between 2010 and 2020.
According to 5-Year American Community Surveys (ACS), the median household income
increased in three of the four census tracts that intersect with the DDD between 2010 and
2020. Census Tracts are illustrated on Map 5 of Appendix B. Tracts 409 and 413 saw increases
as much as 15%-16%. At the same time, median income in DDD census tracts ranged from
$33,846 to $45,545, which is lower than the 2020 median of $48,500 in the City of Dover and
$60,117 in Kent County. The percentage of the population living below the poverty level in
census tracts that intersect with the DDD is higher than it is in Kent County. The percentage of
the population living below the poverty level fell from 44.1% to 25.7% in tract 413 and from
27.2% to 20.1% in tract 414 between 2010 and 2020. At the same time, the percentage
increased in tracts 409 and 433. It is unclear what impact the COVID-19 pandemic had on
these ACS estimates. Please refer to the income and poverty data on pages 13-14 of the
Updated District Plan for more information.
The notable housing improvements that occurred in the first nine years of the DDD program
were a critical first step in revitalizing downtown Dover. At the time the initial application was
submitted, the 2008 Dover Comprehensive Plan called for the creation of a downtown plan.
The Transit Center Neighborhood Plan and Restoring Central Dover Plan met that objective
and served as the heart of the District Plan in the City’s initial DDD application Since that
time, the City, in collaboration with the Downtown Dover Partnership and others, worked with
Mosaic Development Partners to create the Capital City 2030: Transforming Downtown
Dover Strategic Master Plan for the downtown district and downtown gateways. The creation
of Capital City 2030 Plan, along with track record of improvements to housing stock and
neighborhood stabilization have spurred significant investment from the State, and several key
projects are moving forward. This plan, along with the State’s planned investment to support
it, will be a catalyst for even further investment in downtown Dover. The DDD designation is
essential to the realization of this plan.
For the current momentum created by Capital City 2030 and the recently announced State
investment to generate the anticipated success and other investment, the City of Dover must
maintain its DDD designation for an additional five years. In the process of conducting an
evaluation of the programs’ first ten years, stakeholders made it abundantly clear that the
investment to date would not have occurred without the incentives afforded by the program.
Ongoing incentives are needed to spur the transformational capital investment needed to return
Dover to the thriving hub of activity that it once was. The costs of revitalization remain high.
Developers, builders, and potential property owners are often deterred from investing in the
downtown area because the cost of renovating or building on a property may exceed the value
of the property with the improvements, and the return on investment is uncertain. Prospective
businesses are often undercapitalized and cannot complete the building renovations necessary
to bring their shops up to code, purchase equipment and inventory, and pay expenses until they
Page 17
Página 18
Item #7.
Downtown Development Districts
Application for District Renewal
are able to turn a profit. Without the DDD incentives, there is a sense that it is easier and less
expensive to locate elsewhere, such as in a shopping center on Route 13 or Route 8.
With the many overlapping challenges creating hurdles to revitalization, Dover needs this
additional time to achieve its goals. The City is just now on the precipice of seeing real capital
investment, with the needed assistance of the DDD designation and the State of Delaware’s
investment. Within the next five years, Dover has tangible plans to leverage its DDD
designation with other public and private funds to spur transformational capital investment,
create jobs, and providing enhanced retail and entertainment opportunities, as well as
transportation, culture, and quality of life improvement that will attract visitors to the area.
District Plan:
Revise the current District Plan to include the listed items below. The revised plan is intended to
supersede the existing one and must be included with the Extension Application. The updated
plan should assess progress made since program implementation, reflect relevant changes that
may have occurred since plan adoption, and provide up-to-date guidance for redevelopment for
the next 5 years and beyond.
District Plan update must include the following:
1. Rationale as to why the five-year extension is necessary and/or desirable to achieve
redevelopment goals stated in the District Plan.
2. An evaluation and self-assessment of past program implementation and performance.
3. Updated demographic and redevelopment data, and analysis of that data in the current
plan.
4. An evaluation, and revision if necessary, of the vision, goals and strategies for
downtown redevelopment.
5. Updated maps that reflect current conditions. Note any changes (within the District) to
zoning or to the Future Land Use Map in the adopted comprehensive plan.
Briefly summarize changes made to the plan here:
At the time of the initial DDD application in 2014, Dover was utilizing the Restoring Central
Dover Plan to inform its vision, goals, and strategies. Since that time, the City partnered with
the Downtown Dover Partnership and Mosaic Development Partners to create the Capital City
2030: Transforming Downtown Dover Strategic Master Plan. While many core goals and
strategies from the original plan remain intact, several additional key projects have been
proposed, and modernized strategies have been identified to revitalize downtown Dover and
achieve the vision developed with citizens.
To date, through local, county and state incentives, $13,297,542 of private funds were
leveraged and 59 projects were completed since the program’s implementation. The City of
Page 18
Página 19
Item #7.
Downtown Development Districts
Application for District Renewal
Dover contracted the Rossi Group to conduct a thorough program evaluation to assess
implementation and performance to date, and recommend program changes moving forward as
part of this application. Information and feedback gathered through the program evaluation
process resulted in a series of recommendations that informed the updated district plan. The
attached Updated District Plan includes a summary of the Capital City 2030 Plan on pages 15-
19 and a full copy is included in Appendix A. In addition, the Updated District Plan includes
the full program evaluation on pages 3-7.
Page 19
Página 20
Item #7.
Downtown Development Districts
Application for District Renewal
Local Incentives:
List the local incentive package currently in place and briefly assess the effectiveness of each
using data from completed projects. Please note any changes proposed to these incentives and
describe why the change is needed.
List any new incentive options being proposed and explain how these new incentives will
address the goals of the District Plan for the next 5-year period.
The City of Dover offers five (5) different incentives to encourage investment in the DDD.
They include waivers of Building Permit Fees and City Impact Fees. New Business License
Fees are waived for three (3) years. There is also an abatement of property taxes on the value
of improvements for ten (10) years, and a rebate of buyer’s City Transfer Tax when a
Certificate of Occupancy is issued within five (5) years of property transfer. From 2018 to
2023, the total value of local incentives utilized was $73,134.20. In addition, the Downtown
Dover Partnership offers a number of grants to incentivize development. These include: an
architectural grant that reimburses up to $5,000 for architectural services, a façade
improvement matching grant of up to $5,000, and a new critical improvements grant program
offering rebates of up to 20% for priority projects, such as those that address critical life-safety
and ADA compliance, preparing for commercial kitchens, or ensuring that properties become
leased. The DDP also offers a business retention/expansion assistance program that provides
small grants of up to $2,000.
The most frequently utilized incentive is the Building Permit Fees Waiver which covers
Building, Plumbing, Mechanical, and Fire Protection Permit fees. With the exception of one
(1) project, every DSHA-rebated project from fiscal year 2019 to 2023 was also provided
Permit Fee waivers. The estimated value of Permit Fees ranged from $1,518 to $8,387, which
can have a significant impact on the purchaser or builder. As larger transformative projects
move forward, the value of the Permit Fee Waiver will increase.
City Impact Fee waivers cover Water and Sewer Impact Fees. They are utilized less often than
Permit Fee waivers because some projects redevelop lots with preexisting water and
wastewater services. Applicable projects greatly benefit from this incentive, which has been
valued up to $4,000 per project. In the fiscal years 2022 and 2023, City Impact Fees waivers
were provided for every applicant. As more high density, mixed use developments gets
underway, the use of City Impact Fee Waivers is expected to increase.
The New Business License Fee Waiver attracts commercial development to the Dover
Downtown Development District. It waives New Business License Fees for three (3) years. As
most of the projects in the past six (6) years were residential, this incentive was not as
frequently utilized as the other fee waivers; however, numerous businesses have received its
benefits. In 2019, it was utilized 19 times.
Page 20
Página 21
Item #7.
Downtown Development Districts
Application for District Renewal
Abatement of property taxes on the value of improvements for ten (10) years is an incentive
that offers effective and longer-term benefits for participants in the Downtown Development
District program. While other incentives alleviate some of the upfront costs to developing, the
ten (10) year property tax abatement offers continual support for remaining in the DDD. From
2015 to 2020, it was eligible for use 63 times and was provided for nearly every project in the
years following. This incentive is effective in ensuring that the development is completed after
the property is transferred because it is only offered when a Certificate of Occupancy is issued
within five (5) years of property transfer. It was most frequently utilized in 2018 where it was
used 17 different times. Aside from one (1) project, it was provided for every project from
2021 to 2023.
During the entire Downtown Development District program in Dover (2015 to 2023), projects
received $1,619,563 in Rebates through the state administered program by the Delaware State
Housing Authority, thereby leveraging $13,297,542 in private investments. The City does not
propose changes to the local incentives; however, the proposed expansion of the DDD
boundary will result in an increase in the applicability of those incentives.
Key Priority Projects:
The DDD application was updated in 2019 to include discussion of Key Priority Projects. These
projects were to be identified in the District Plan as potential catalysts for other redevelopment
activity or as examples of superior urban design. Key Priority Projects are specific projects
expected to provide significant impact to the District when implemented. See DDD Program
Guidelines for more information. ddd-program-guidelines-2022.pdf (delaware.gov)
With this definition in mind, please describe the Key Priority Projects that were implemented
during the past 10-year period. Briefly assess their impact and/or describe any barriers to
implementation. Moving forward, what are the Key Priority Projects for the 5-year extension?
Key projects and implementation strategies identified in the initial application included the
addition of new housing units in the Central Dover neighborhoods within the district and
expanded access to housing repair programs. Partnerships with Central Delaware Habitat for
Humanity, NeighborGood Partners (Formerly NCALL), and Milford Housing Development
Corporation resulted in more than 60 new homes built to date.
Housing improvements have been a catalyst for new investment; New establishments like the
Rail Haus and Stonerail Market would not exist without DDD incentives. However, Dover has
had a slow start in terms of realizing truly transformational commercial and mixed-use
projects. Several businesses have closed during the past ten years of the program. The
challenges of attracting and retaining businesses were exacerbated by the COVID-19
pandemic.
Page 21
Página 22
Item #7.
Downtown Development Districts
Application for District Renewal
Unfortunately, the key projects identified in the initial DDD plan have not come to fruition.
Most of these projects remain part of the vision in Capital City 2030, and with new
momentum and funding opportunities, these projects are well-positioned to move forward.
Governor John Carney recently announced plans to allocate a total of $25 million in State
funding to the City of Dover and Downtown Dover Partnership (DDP) to support
implementation of Capital City 2030. Please see Appendix F of the attached Updated District
Plan for the Governor’s press release and other relevant press coverage. This funding will be
used for critical water and wastewater infrastructure upgrades as well as two key projects
identified in the plan. The DDP will focus on five major projects from Capital City 2030 in the
next few years, several of which will utilize this funding. The DDP notes that significant,
visible changes will begin to take place in Downtown Dover in the next two to three years as
they begin to implement the strategic plan. The three most transformational projects, identified
as key projects for the DDD renewal application, include the following.
Key Projects:
Old Post: This city-owned parcel at 55 Loockerman Plaza, home to the former Dover Post
Office, is currently under contract with a developer. The City selected a developer to
redevelop the site through an RFP process. The Capital City 2030: Transforming Downtown
Dover Strategic Master Plan initially re-envisioned this lot as a new building with commercial
and office space as well as an outdoor courtyard. The developers selected through the City’s
RFP process have proposed a 4-story mixed-use building with space for 2 retail establishments
on the ground floor, parking, a courtyard, office space, and 30 apartment units.
120 South Governors Avenue: This is the site of the former Acme grocery store. It is
currently owned by the DDP and occupied by Auto Plus and a day care center. This site
represents DDP’s priority redevelopment project with Mosaic Development Partners and
Colonial Parking Inc. Capital City 2030 proposed constructing a 6-story mixed-use complex
on this lot with a ground level grocery store, a parking garage, and more than 100 residential
units. Additional amenities included in current planning efforts include a coffee shop, fitness
center, and daycare facility. The State plans to utilize a portion of their investment on this
project, which will cost $80 million in total.
129 South Governors Avenue: The Bradford Street Parking Lot, at 129 South Governors
Avenue and several adjacent parcels are currently owned by the city and used for public
parking. Capital City 2030 envisions Bradford Street as a multi-modal connector between
Delaware State University’s (DSU) downtown campus and Loockerman Street To that end,
Capital City 2030 proposes replacing this lot with a parking deck and mobility hub. This
property is directly across the street from the 6-story building planned for 120 South
Governors Avenue and will complement that project. A mobility hub is a place where people
can park, access travel information, and connect to multiple modes of transportation. This may
include a car and/or bikeshare program, bicycle parking, and rideshare access. The State
Page 22
Página 23
Item #7.
Downtown Development Districts
Application for District Renewal
intends to utilize a portion of their investment on this proposed $14 million mobility hub
between South Governors Avenue and South Bradford Street. The DDP notes that the hub will
feature a parking garage, bike share, and micro-transit bus service. Local news sources note
that the hub will include EV charging stations and additional amenities proposed by Capital
City 2030. The target completion date for the transit hub is 2026. This transit hub
complements the Downtown Dover Pathways Plan, being completed by the Dover/Kent
County MPO in collaboration with the City of Dover and the DDP, to better connect activity
centers and downtown anchors and create a more walkable district with multi-modal transit
options like bikes and scooters.
Once these have been successfully implemented, State investment in infrastructure
improvements take place, and marketing and program administration efforts are improved to
spread awareness of DDD incentives and program successes, Dover expects to see greater
interest in commercial development downtown and will have an easier time leveraging
incentives to attract investors.
Page 23
Página 24
Item #7.
Downtown Development Districts
Application for District Renewal
District Boundary Revisions:
As a part of the District Renewal process the local jurisdiction may revise the original District
Boundary to meet the redevelopment goals of the next five-year period. The updated District
Plan must fully describe the rationale for the revised boundary. The revised boundary must meet
all guidelines and criteria for the District Boundary as described in Chapter 5 of the DDD
Program Guidelines.
It is permissible to remove parcels from the original District Boundary and reallocate that
acreage to other areas of the downtown as a part of the boundary revisions during the District
Renewal process. Should the local jurisdiction propose removing parcels from the original
boundary, the following is required:
The owners of all parcels that are proposed to be removed from the District Boundary
must be noticed of the change via Certified Mail or similar method. The local
jurisdiction shall keep receipts or other documentation of this notice and submit it with
the District Renewal application.
All property owners that are proposed to be removed from the District Boundary must be
given an opportunity to speak at a public hearing hosted by the local jurisdiction, to be
held before the final decision has been reached regarding the revised boundary that is to
be proposed as a part of the District Renewal application. Minutes of this public hearing
or hearings must accompany the District Renewal application.
If the revised District Boundary proposes to remove any parcels from the original District
Boundary, please briefly describe the rationale for removing the parcels and where the acreage
has been reallocated to:
Since the initial establishment of the DDD Boundary, the City completed expansions in the
200-300 Blocks of South State Street and on the south side of West Water Street. Additionally,
there have been changes in property ownership, most notably in the southwest edge. Of the 22
acres in the District’s southwest corner, 20 acres are owned by either the State, City of Dover
or US Postal Service and are therefore ineligible to receive the Downtown Development
District program benefits. To maximize the program’s potential, the boundary has been revised
to remove this portion and redistribute that acreage to properties eligible for the program.
In accordance with the State requirements, the Dover City Council held a public hearing on
May 13, 2024, regarding the removal of properties from the DDD boundary. The City of
Dover notified affected property owners via certified mail about public hearing and ran a
public notice in the Delaware State News on May 3, 2024 advertising the public hearing.
Page 24
Página 25
Item #7.
Downtown Development Districts
Application for District Renewal
The DDD Program now allows DDDs to encompass up to 275 acres, an increase of 50 acres
since the initial application. The City has strategically reviewed areas adjacent to the current
District boundary to identify areas that meet the need and impact criteria and would benefit
from the Downtown Development District Program. The revised District Boundary adds the
following areas in an effort to capture parcels prime for larger redevelopment projects and to
enhance gateways to the City. Additions include the following:
A 12-acre area north of Mary Street: Includes some of the former Wesley College
athletic program lands (Now DSU) and the land of the former National Guard armory.
This area is positioned for future redevelopment and may provide more opportunities
for housing development and vacant property improvements.
A 14-acre area to the West of the district on the north side of Loockerman Plaza was
already approved by the City of Dover and the State of Delaware in February of 2024.
A 7 acre area to the West of the district between Kings Highway and W. Division St.:
Along with the 14-acre addition, this area provides opportunities for redevelopment
along the western gateway to Downtown Dover.
A 21-acre area to the east: This small area along S. State St./Division St./Kings
Highway includes the former Dover Public Library building, which has been vacant
since the opening of the new library. The addition of this area to the District will
improve the opportunity for investment in this building and the surrounding area.
The proposed expansion utilizes the updated allotted Downtown Development District acreage
to maximize the potential of program incentives and investments. Please see Appendix B of
the attached Updated District Plan as Map 16 illustrates the proposed boundary changes.
If the revised District Boundary proposes to remove any parcels from the original District
Boundary, please include the receipts or other documentation of the public notice to all property
owners to be removed, as well as the minutes of the public hearing where the boundary revisions
were discussed in the District Renewal application.
Page 25
Página 26
Item #7.
City of Dover, DE
Updated District Plan
Downtown Development District
April 2024
Table of Contents
Introduction ..................................................................................................................................... 1
Need and Impact ............................................................................................................................. 1
Program Evaluation ........................................................................................................................ 3
Stakeholder Interviews and Focus Groups ................................................................................................................3
Dover DDD Program Beneficiaries .......................................................................................................................4
DDD Administering Bodies ..................................................................................................................................6
Other DDD’s..........................................................................................................................................................7
DSU .......................................................................................................................................................................7
Key Takeaways..........................................................................................................................................................7
Demographic Data .......................................................................................................................... 8
Housing & Population Data .......................................................................................................................................8
Income & Poverty Data ........................................................................................................................................... 13
Employment Data .................................................................................................................................................... 14
Vision, Goals, and Strategies ........................................................................................................ 15
The Capital City 2030: Transforming Downtown Dover Plan ................................................................................ 15
Key Projects............................................................................................................................................................. 18
Appendix
Appendix A – Capital City 2030: Transforming Downtown Dover Strategic Master Plan
Appendix B – Maps
Appendix C – Interview Summaries
Appendix D – Census Data
Appendix E – OnTheMap Inflow/Outflow Analysis
Appendix F – Dover Downtown Investments Press Coverage
Appendix G- Public Notice Documentation
Page 26
Página 27
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Introduction
The Downtown Development Districts Act was enacted by the Delaware General Assembly in
2014 to spur private capital investment, stimulate job growth and improve commercial vitality,
build a stable community of long-term residents by improving housing opportunities, and
strengthen neighborhoods while harnessing the attraction that vibrant downtowns hold. The City
of Dover applied to the Office of State Planning Coordination, which included a proposed
district, documentation of need, proposed program impact, and available local incentives, as well
as a plan for downtown revitalization. The Cabinet Committee on State Planning Issues reviews
applications and makes recommendations to the Governor, who ultimately designates downtown
development districts. Governor Jack Markell designated the City of Dover’s Downtown
Development District (DDD) in the first round of designations in January of 2015. This
designation entitles private construction projects within the District to receive rebates from the
State of Delaware to offset up to 20% of their capital construction costs as well as other benefits.
The initial designation is for ten years, after which time the City may apply for two consecutive
five-year extensions. Currently, the City of Dover is applying for its first five-year renewal.
Dover initially submitted two plans developed in coordination with other partners in the
community. These plans include Restoring Central Dover: Our Vision for Vitality, which was
developed by a steering committee led by NCALL (now NeighborGood Partners), a housing and
community development non-profit; and Dover Transit Center Neighborhood Plan and Design
Book, developed through the Dover/Kent County MPO. A 4-page plan summary described the
role of the plans in comprising the plan for Dover’s DDD. Dover outlined incentives predating
the DDD designation including building permit fee waivers, impact fee waivers, and a tax
abatement on the value of improvements. Additionally, the Downtown Dover Partnership,
Dover’s Main Street organization, managed a façade grant program to assist business owners and
property owners in upgrading their building facades. In creating the DDD, the City of Dover and
the Downtown Dover Partnership added new incentives. In addition to the municipal incentives,
qualifying projects were eligible to receive a grant from Kent County and a rebate from the State
of Delaware for investment within the DDD. Once designated, Dover moved forward with
implementation of the program, promoting the municipal, county, and State incentives to
developers locally and outside of the area.
The following plan includes updated need and impact data, details of the comprehensive program
evaluation conducted, updated demographic data, and revised visions, goals, and strategies
informed by The Capital City 2030: Transforming Downtown Dover Plan.
Need and Impact
The City of Dover is seeking a five-year extension to its Downtown Development District
(DDD) designation. A five-year extension will allow Dover the opportunity to meet goals and
objectives outlined in the initial district plan of 2015 that include:
Mixed use development
Retail uses within the Central Business District
Page 1 of 19
Page 27
Página 28
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Increase the number/percent of owner occupied homes
Increase the density of development
Build on vacant lots
Bring buildings close to the street to line the sidewalk
Strategic location of open spaces, parks and gateways
These goals were products of the Dover Transit Center Neighborhood Plan and Restoring
Central Dover Plan. The Capital City 2030: Transforming Downtown Dover Strategic Master
Plan (Appendix A) is Downtown Dover’s newest master plan that builds on the previous vision
and outlines key projects and strategies to achieve this vision. The DDD designation allows those
investing in downtown Dover to receive a rebate on the cost of improvements of up to twenty
(20) percent from the State. In addition, the City of Dover offers five different incentives to
encourage investment, and the Downtown Dover Partnership (DDP) offers four incentive
programs. City incentives include a Building Permit Fee Waiver, sewer and water Impact Fee
Waiver, Business License Fee Waiver for new businesses, and an abatement on tax on the value
of improvements. The DDP incentives include architectural grants, façade grants, critical
infrastructure grants, and business retention/expansion grants. In addition, investors have
leveraged other grant funds including the EDGE grant administered by the Delaware Division of
Small Business and the Strong Neighborhood Housing Fund administered by the Delaware State
Housing Authority. Federal, State and local historic preservation tax credits can further leverage
investments for qualifying properties. The layering of these various incentives has been
instrumental in realizing the nearly sixty (60) projects that have occurred since the program was
implemented. See Appendix B for maps that provide additional information about the DDD in
Dover. Over the past nine (9) years, the DDD program has been successful in building affordable
owner-occupied housing and reducing blight within the City of Dover. According to the DDD
FY2023 Annual Report, since the program’s implementation, $13,297,542 in private funds were
leveraged through local, county and state incentives, and 59 projects were completed.
The City of Dover hired Rossi Group in 2024 to conduct an independent program evaluation as
part of the renewal application. Rossi Group analyzed program data, conducted interviews, and
held a focus group meeting with stakeholders to assess program implementation and
performance thus far. The information gathered was used to identify program strengths and areas
for improvement, informing the development of this updated district plan.
The program evaluation confirmed that Dover’s DDD has successfully improved housing stock
and reduced blight, particularly in the residential areas. A review of relevant census data
demonstrates that homeownership rates within this area have increased, but the need for
additional affordable homes persists. Stakeholders who invested in projects within the Dover
DDD noted that their projects would not have been possible without available incentives. The
program evaluation indicated that there is an interest in ongoing investment, provided the
incentives continue. The program evaluation made suggestions for improved program
implementation such as hiring a designated program liaison, streamlining processes, and
increasing marketing efforts. A five-year extension to Dover’s Downtown Development District
(DDD) designation would allow for the implementation of these suggestions, ensuring increased
program benefits moving forward.
Page 2 of 19
Page 28
Página 29
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
At year ten of the DDD program, Dover is starting to see momentum pick up rapidly with the
beginning stages of the Capital City 2030 plan kicking off. In February 2024, Governor Carney
and state legislators announced plans to invest a total of $25 million in Downtown Dover
revitalization. Please see Appendix E for relevant press coverage, including the Governor’s press
release. Through the Governor’s proposed 2025 capital budget and a portion of the state’s
American Rescue Plan Act (ARPA) funds, the City of Dover and the DDP will proceed with
three key projects from the Capital City 2030 strategic plan, including: critical water and
wastewater infrastructure upgrades, a six-story muti-use building, and a mobility hub. Mayor
Robin Christiansen remarked that downtown revitalization efforts have been ongoing since the
early 1990’s and the City now has a solid roadmap for success. As a result, City officials are
hopeful that meaningful change will be realized by 2030.
Figure 1: DDP Newsletter Blast about Downtown Investment
The DDD incentives will play a vital role in supporting these initial projects, which are expected
to be transformational in the community and a catalyst for future investment. The state
investment in water and wastewater improvements will reduce the cost of renovating older
buildings and increasing residential density in the area, providing added incentive for investment.
Program Evaluation
In the process of updating the district plan, Rossi Group completed an evaluation of Dover’s
DDD program by soliciting perspectives from a range of stakeholders along with available
program data to assess areas of success and areas for improvement. Stakeholders included City
and State staff, organizations within Dover, program beneficiaries, and other DDD
administrators. Stakeholders were engaged through a series of interviews and a moderated focus
group session.
Stakeholder Interviews and Focus Groups
Stakeholder interviews were guided by pre-written questionnaires tailored to the different roles
of stakeholders. Interviews were conducted between January 11 and February 7, 2024, and
Page 3 of 19
Page 29
Página 30
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
detailed notes were collected to document responses. For detailed interview summaries please
see Appendix C.
Dover DDD Program Beneficiaries
Rossi Group interviewed stakeholders identified as downtown redevelopment partners in the
2014 District application. Interviewees included representatives of NeighborGood Partners
(formerly NCALL), Central Delaware Habitat for Humanity, City of Dover Departments,
Delaware State University, the Office of State Planning Coordination, and members of City
Council representing the area encompassed by the District. NeighborGood Partners and Central
Delaware Habitat for Humanity both benefited from the program as they redeveloped properties.
In addition, program beneficiaries were invited to participate in a more in-depth focus group,
which took place on February 6, 2024. Eight (8) individuals attended including Theresea Owens
(owner of Stonerail Market), Trish Kelleher of NeighborGood Partners, Todd Stonesifer
(President of DDP and downtown property owner), Donny Legans (owner of Rail Haus),
Reverand Hodge of The People’s Church, Ashley Robinson of The Wedding Boutique, and
property owners Doug Ferris and Michael Harrington, Sr. A list of questions was prepared
containing the prompts listed below. The resulting conversation was not strictly guided by the
question list, but organically touched on all the focus points.
Focus Group Questions:
1. Please identify your role as it relates to a project in Downtown Dover. Raise your hand if
you:
a. Opened a new business
b. built a new home
c. renovated a home
d. renovated an existing commercial space
e. built a new commercial building
f. other (explain)
2. Program Value
a. Was the availability of incentives important in your decision to invest downtown?
b. Were the incentives helpful in making the numbers work with your investment?
c. Are there additional incentives you feel would be helpful?
d. Were the incentives easy to understand and apply for?
e. Did the City and DDP help to make your investment worthwhile?
f. Would you recommend downtown Dover investment to a friend or colleague? If
not, why?
3. Program Administration
a. How easy was it to navigate the incentives?
b. How easily accessible was the information about the program?
c. How did you hear about the program?
d. Were City/DDP staff knowledgeable about the program? Were they responsive?
e. Were the website and brochures helpful?
Page 4 of 19
Page 30
Página 31
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
f. If you needed information about the program, where did you go to find it?
4. Review Process
a. Did you find the City’s review process straightforward and easy to understand?
b. If not, what did you find difficult?
5. Going forward
a. What suggestions do you have to help make the downtown revitalization efforts
more successful?
b. Is there anything you wish you’d known before applying for DDD program
incentives?
c. Do you see yourself investing in future downtown Dover projects?
6. Final Exercise: SWOT Analysis (Strengths-Weaknesses-Opportunities-Challenges)
Across all organizations, the DDD incentive package was considered very helpful for
encouraging downtown development. Some participants went so far as to assert that their
housing efforts would be crippled had they not had access to the financial incentives made
available through the DDD program. The City Impact Fee Waiver and 20% State Rebate were
noted to be especially beneficial, and participants benefited from the ability to stack incentives
with other funding sources. The Downtown Dover Partnership (DDP) was also said to be
instrumental in helping individuals navigate the development process. Participants utilized the
DDD program at different stages of the program’s implementation, therefore their experiences
varied. For example, some of the first individuals to use the program did not receive the guidance
that later participants had. The DDP, particularly Tina Bradbury, was unanimously named as a
resource for navigating incentives; however, that expertise had been refined after the initial
phases of the program and was not available to the early applicants. Most participants expressed
enthusiasm for the DDD program and its potential to improve Dover’s downtown.
Multiple participants identified opportunities for improvement in administering the program.
Participants perceived City departments as disconnected from one another which complicated
program participation. Feedback indicated that City Planning and Inspections, Public Works, and
Water and Wastewater departments appeared to be disconnected and staff turnover rates did not
help.
Multiple participants expressed frustration with the City due to prolonged Building Permit wait
times. Several mentioned that they received vacant building fees while improving properties.
Others received grass cutting fines. Some felt the need to continuously advocate for themselves
because permit issuing agencies did not know they are part of the program.
There was additional frustration with upgrading buildings to meet code requirements. Curb cut
and sidewalk upgrades were mentioned numerous times as a reliable challenge. A few
participants mentioned changes to fire suppression requirements were not communicated by the
City in the initial stages of their projects. The necessary upgrades were a large and unexpected
expense. Multiple people mentioned that the age of buildings downtown complicates site plans,
renovations, and their corresponding code requirements. To avoid surprise costs, one developer
suggested that proactive efforts such as walkthroughs and onsite meetings with Public Works
could help to identify construction requirements in earlier stages of projects. Additionally, there
Page 5 of 19
Page 31
Página 32
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
was some confusion about Impact Fee Waivers because they are only applicable to City Impact
Fees, not the County Portion of the fee.
All the focus group attendees suggested that the City create a program liaison to help guide
applicants and coordinate among City departments. An allowance or waiver for code-required
upgrades was also suggested. Additionally, some individuals believed the City should stay in
touch with completed projects. A few participants stated they would appreciate a gesture of
gratitude while others suggested longer term incentives to assist remaining downtown.
DDD Administering Bodies
Rossi Group interviewed representatives across City Departments including Public Works,
Electric, Water and Wastewater, Planning and Inspections, and City Council Members.
Acknowledging DDP’s role in the DDD administration, DDP leadership was also interviewed.
The success of the program was most evident within the residential realm. Multiple participants
noted converting vacant lots into affordable housing has improved the area, especially north of
West Division Street. Commercial success has not been as prolific, however, there have been
several successful businesses.
Navigating various incentives and their corresponding requirements was mentioned to be
confusing for applicants. Participants across City Departments and the DDP felt that an official
point of contact or program liaison would help applicants optimize the program and better
coordinate downtown improvement efforts across City departments. It was noted that the DDP is
often the first point of contact for applicants, and it may be beneficial to formally establish their
role in program administration through a memorandum of understanding between the City and
DDP. Interviewees also noted that City staff needed better process education to adequately to
answer applicant questions or direct them to someone who can. Multiple participants
acknowledged that staff turnover rates within City government make that difficult. In addition to
improving communication about incentives, some interviewees identified a need to lay out code
requirements for projects. Some suggested providing a flow chart or check list that walks
applicants through the whole process, thereby reducing the frequency of surprise construction
costs. City staff also suggested having internal training on the program on a regular (annual)
basis.
In response to recommendations within Capital City 2030 to accelerate approvals, City officials
stated there are multiple factors that influence the approval process. Receipt of code-compliant
plan submissions would be key to expediting approval. Participants stated submissions could be
better coordinated to expedite approvals. Some projects require review and approval by multiple
entities; for example, plans for new construction or building exterior improvements in the
Historic District require review by the Historic District Commission in addition to traditional
code-compliant review. Other projects require external agency review and approval, such as
DelDOT, Kent Conservation District, or DNREC, which may result in delays.
Page 6 of 19
Page 32
Página 33
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Other DDD’s
Rossi Group also interviewed Rob Pierce from the City of Milford and Sheldon Hudson and
Jeremy Rothwell from the Town of Smyrna. Commercial façade grants funded most of the
façade improvements in downtown Smyrna. City of Milford representatives noted building
permits take one to two weeks to be issued and cautioned offering expedited services. Interviews
confirmed that neighboring communities have similarly had more success with the residential
development and have struggled to see significant mixed-use projects come online. Each town
placed emphasis on the importance of having someone act as a champion for the DDD program,
promoting incentives. Milford noted that they use their code enforcement process to spread
awareness of the program. Smyrna indicated that they help applicants layer historic preservation
tax credits with DDD incentives to create generous packages.
DSU
Rossi Group met with Delaware State University (DSU) representatives, Marlena Gibson,
Bernard Pratt, and Anas Ben Addi, to discuss the DDD program’s impact on the University.
When asked if there have been any benefits to the campus following the programs
implementation, representatives were neutral. Higher education is not eligible for the DDD
Program; therefore, the university cannot take advantage of it. There have been indirect benefits
as a result of the improvements downtown, but they feel Dover could better attract investors and
engagement. Students and their families are still more inclined to spend their money outside of
downtown Dover. The discussion with DSU was helpful in determining where the City may be
interested in expanding the District boundary. As DSU recently acquired the former Wesley
College campus, it is possible that some of their lands in the downtown could be identified as
excess and available for redevelopment.
Key Takeaways
Dover’s DDD program has successfully attracted investment in historically neglected areas.
Residential projects have improved the area by converting vacant buildings and lots into
affordable housing. These projects would not have been possible without the support of the DDD
program’s incentive package. While the program is instrumental in encouraging improvements
within Dover, there are areas to improve its implementation. Based on input received during
nearly all stakeholder interviews and the focus group, there is a clear need for a designated point
of contact or program liaison. Due to staff turnover within the City, this role has been left vacant.
Program beneficiaries and administrators agreed that hiring someone who could assist program
applicants and communicate projects between City departments would enhance and encourage
the use of the program. In addition to a program liaison, stakeholders suggested that a user-
friendly resource, such as a flow chart or series of checklists, to clearly communicate program
and code requirements to applicants would be beneficial. Participants mentioned that marketing
efforts for the program should be more robust and that City staff may play a role in spreading
awareness of the program and its incentives.
Page 7 of 19
Page 33
Página 34
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Demographic Data
A lack of quality housing stock in Downtown Dover was identified as an impediment to
downtown redevelopment in the Restoring Central Dover Plan submitted with Dover’s initial
2015DDD application. Since that time, the DDD program has had a significant impact on
improving housing stock in downtown Dover. As a result of the available incentives, Central
Delaware Habitat for Humanity constructed 34 new homes, and NeighborGood Partners was
able to complete 17 homes. This means that, in the first decade of the program, Dover’s DDD
saw a total of more than 50 new homes constructed, transforming entire street blocks in Dover.
Appendix B Map 1 shows the locations of all projects within the DDD and Map 2 shows the
locations of Central Delaware Habitat for Humanity and NeighborGood Partners projects.
Figure 2: 18, 22, 26, & 29 N. Kirkwood St.
Housing & Population Data
Block level census data supports the narrative that Dover’s DDD has seen decreased vacancy
rates and increased homeownership. Below, Tables 1 and 2 include population and housing data
at the county, city, tract, and block level from the 2010 and 2020 decennial census. The tables
include all blocks that either fall within the DDD boundary or intersect with the DDD boundary.
Note, census block shapes and numbers changed between 2010 and 2020. This resulted in the
land area being larger in 2010 and smaller in 2020. Please see Appendix B Maps 3 and 4 for
details of current shapes of census tracts, block groups, and blocks. Maps 5 and 6 illustrate the
changes that occurred between 2010 and 2020. It is unclear what impact the COVID-19
pandemic had on 2020 census data. Ultimately, this means that the data is not a perfect measure
of what has taken place within the Dover DDD boundary from 2010 to 2020. That said, this
census data is still a helpful tool in terms of indicating that some improvements have taken place,
and that ongoing need exists in the area encompassing the DDD. Figures 3 and 4 further
illustrate how homeownership and vacancy rates have changed from 2010 to 2020 within DDD
census blocks and the surrounding areas.
Overall, in the Dover DDD Census Blocks:
The number of vacant housing units as a percentage of total units decreased from 13%
in 2010 to 10% in 2020.
In 2010, only 18% of housing units were owner-occupied (owned free and clear or with
a mortgage/loan). In 2020, that percentage increased to 25%.
Page 8 of 19
Page 34
Página 35
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Census blocks that intersect with the Dover DDD include areas that are not inside of the
DDD.
As depicted in Map 4, census block boundaries changed between 2010 and 2020; the
area encompassed in 2010 is larger, possibly explaining the reduced population and
number of housing units. As such, percentages are a better measure for comparing data.
Table 1: Dover Block Level Housing & Population Data 2010
Table 2: Dover Block Level Housing & Population Data 2020
Additional information regarding block level census data is available in Appendix D.
Page 9 of 19
Page 35
Página 36
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Percentage of Homeownership in DDD Blocks
80%
70%
60%
50%
40%
30% 2010
20% 2020
10%
0%
Kent Dover Tract 409 Tract 413 Tract 414 Tract 433 Blocks that
County Intersect
with DDD
Figure 3: % Homeownership in DDD Blocks Bar Chart
The percentage of owner-occupied homes (with or without a mortgage), as opposed to a renter, increased from 18%
in 2010 to 25% in 2020 in census blocks that intersect with the Dover DDD boundary. Meanwhile, homeownership
rates appear to have remained the same or fallen in surrounding areas.
Percentage of Vacant Housing Units in DDD Blocks
16%
14%
12%
10%
8%
6% 2010
4% 2020
2%
0%
Kent Dover Tract 409 Tract 413 Tract 414 Tract 433 Blocks that
County Intersect
with DDD
Figure 4: % Vacant Housing Units in DDD Blocks Bar Chart
The percentage of vacant housing units decreased from 13% in 2010 to 10% in 2020 in census blocks that intersect
with the Dover DDD boundary. The percentage of vacant housing units appears to have decreased in surrounding
areas as well.
Page 10 of 19
Page 36
Página 37
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Table 3 illustrates that the number of registered vacant buildings has decreased since the DDD
program launched in 2010. Dover has maintained a strong stance on code enforcement, and
while improvements have been made, there are still a disproportionately high number of
neglected buildings and lots within the district and immediate surrounding areas, indicating a
strong need for ongoing investment. Figure 5 provides examples of some of the vacant and
blighted buildings within the DDD boundary as of March 2024.
Table 3: Vacant & Dangerous Buildings Within Dover’s DDD
Vacant & Dangerous Buildings within Dover’s DDD
2010 2024
Registered Vacant Buildings 49 42
Buildings Declared Dangerous 7 17
Lots where Dangerous Buildings
25 38
were Demolished
58 S. New St. 120 W. Water St. 53 S. New St.
45 S. New St. 56 S. New St.
Figure 5: Vacant & Blighted Buildings Within the DDD Boundary
Page 11 of 19
Page 37
Página 38
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Tables 4 and 5 include additional housing data, while Tables 6 and 7 address income and poverty
data at the County, City, and Tract levels. Data comes from the U.S. Census Bureau’s 5-Year
American Community Survey (ACS) from the years 2006-2010 and 2016-2020 to provide an
accurate comparison to the original application which also utilized ACS data. Block level data is
unavailable for these measures. The Dover DDD boundary spans four census tracts, though each
tract contains land that falls outside of the district. Census tract shapes changed somewhat
between 2010 and 2020 as well, as illustrated in Appendix B Map 5. Tract level data still
provides some insight into the progress that has occurred from 2010 to 2020 as well as need that
still exists in census tracts that intersect with Dover’s DDD. The ACS contains estimates with a
margin of error, and it is unclear what impact the COVID-19 pandemic had on 2020 data.
Table 4: Tract Level Housing Data 2010
Table 5: Tract Level Housing Data 2020
According to 5-Year ACS estimates from 2010 and 2020, the percentage of housing built
in 1940 or earlier is currently higher in census tracts that intersect with the DDD than in
the City of Dover or Kent County, though that percentage has declined in two of the four
tracts that intersect with the DDD.
Median home values in Kent County increased 8% from 2010 to 2020, but in Dover they
fell 6% in that same time. Census tracts 409 and 413 saw median home values increase,
though tracts 414 and 433 saw decreases.
Census tract shapes have changed slightly between 2010 and 2020.
Significant portions of each census tract that intersects with the DDD lie outside of the
district boundary.
Page 12 of 19
Page 38
Página 39
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Income & Poverty Data
Table 6: Tract Level Income & Poverty Data 2010
Table 7: Tract Level Income & Poverty Data 2020
Page 13 of 19
Page 39
Página 40
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
According to 5-Year ACS, the median household income increased in three of the four
census tracts that intersect with the DDD between 2010 and 2020. Tracts 409 and 413
saw increases as high as 15%-16%, which is higher than the 8% increase in Kent County.
Median income in these tracts remained lower than the 2020 median of $38,800 in the
City of Dover and $48,039.60 for Kent County.
The 2020 percentage of the population living below poverty level in all census tracts that
intersect with the DDD is higher than the 13.2% level in Kent County.
The percentage of the population living below the poverty level fell in tracts 413 and 414
between 2010 and 2020 and increased in tracts 409 and 433.
The percentage of low- or moderate-income households is based on the percentage of
households who earn less than 80% of median household income. In all census tracts that
intersect with the DDD, the percentage of low- or moderate-income households is higher
than the 2020 percentage in Kent County of 28%.
The percentage of low or moderate-income households fell in census tract 414, but
increased in other census tracts that intersect with the DDD.
Census tract shapes have changed slightly between 2010 and 2020.
Significant portions of each census tract that intersects with the DDD lie outside of the
district boundary.
Employment Data
OnTheMap, a tool developed by the US
Census Bureau for analyzing
employment data, was utilized to analyze
the flow of employees into and outside of
the proposed DDD boundary. The full
report produced is attached in Appendix
E. As demonstrated in Figure 6, 1,501
employees are employed within the
proposed DDD boundary, but live
outside the boundary; 425 individuals
live within the proposed DDD boundary,
but work outside of it; only 11
individuals are both employed within the
proposed DDD boundary and work Worker Flows
1,501-
within it as well. Overall, the DDD Employed in
benefits from a net-migration of Selection Area,
Live Outside
employees to the district. There is not a 425- Live in
significant overlap between individuals Selection Area,
Employed
who both live and work within the Outside
district boundaries. 11- Employed
and Live in
Selection Area
Selection Area
Figure 6: Worker Inflow and Outflow
Page 14 of 19
Page 40
Página 41
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Vision, Goals, and Strategies
Dover has been active in its efforts to revitalize the downtown since the 1990s. While the words
used to describe the vision for downtown Dover have changed over the years, the vision has
remained unchanged. All previous efforts undertaken by the City of Dover and many partner
organizations have been striving for a strong, vibrant downtown with a thriving commercial
district, a safe and attractive environment for walking, and housing that meets the needs of the
Dover community. In 2014, when applying for the DDD designation, the City of Dover
submitted two plans to articulate this vision. These were Restoring Central Dover: Our Vision
for Vitality (2014) and the Dover Transit Center Neighborhood Plan and Design Book (2011).
Together these plans established a roadmap for downtown revitalization while mitigating the
gentrification that often accompanies reinvestment in an area. The Dover Transit Center
Neighborhood Plan and Design Book sought to capitalize on the State’s investment in a new
transit center on Water Street. Restoring Central Dover sought to improve housing stock, bolster
homeownership, and build community in an area that had lacked investment.
The Capital City 2030: Transforming Downtown Dover Plan
The vision articulated in prior plans remains relevant, but the strategies and approaches outlined
in The Capital City 2030: Transforming Downtown Dover reflect the time and the circumstances
of Dover in 2023 (Appendix A, January 2023). This plan was a collaborative effort between the
DDP, City of Dover, and Mosaic Development Partners as well as other private firms.
Throughout 2022, the team worked to gather information and public input, assess current
conditions, identify needs and opportunities for redevelopment and investment, and create
implementation and investment strategies to guide the community toward an equitable and
sustainable future. The target date by which Dover’s commerce and housing will reach its full
potential is the year 2030. This plan builds upon many of the initial goals and strategies outlined
in the Transit Neighborhood Plan and the Restoring Central Dover Plan, while bringing these
plans up to date, adding additional expert and community input, and incorporating lessons
learned in the first decade of the DDD program.
Through a public process, barriers to capital investment were identified. These include the
following key issues:
Homelessness, vagrancy, and safety,
The lack of pedestrian activity on Loockerman Street,
Street design and streetscapes fail to support a destination retail street and thriving
downtown,
Condition of infrastructure,
Scarce amenities,
Streets prioritize vehicle movement over other modalities,
Regional anchors are disconnected,
Too few businesses to attract new residents,
Not enough regular foot traffic for food and beverage establishments,
Lack of parking,
Page 15 of 19
Page 41
Página 42
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Limited housing stock- insufficient to support retail programming, and
More pro-business regulations and incentives are needed to spur private investment.
Vision:
Transform Downtown Dover and the surrounding area into a vibrant, thriving community
and regional destination, with Loockerman Street serving as the spine for the downtown
district, with wide sidewalks, trees, vibrant store fronts, food and retail options, outdoor
seating, and traffic calming strategies.
A multi-modal Dover that welcomes people who walk, cycle, use a scooter, take a bus, or
drive and offers connection to existing key anchors and major hubs in the area.
A vibrant community built on the principles of equitable development that becomes a
model for people to live, work, and play.
A thriving economy, commercial center, and destination that attracts residents and
visitors while honoring Dover’s heritage.
Goals:
Figure 7: Capital City 2030 Plan Projected Outcomes
New Developments offering residential units to increase population density downtown, a
boutique hotel, centralized parking, contemporary architecture upgraded building
structures, and programmed public spaces.
The projected outcomes of the Plan include 97,700sf of commercial space, a hotel, a
grocery store, 792 parking spaces, and 927 residential units across 6 sites.
Achieve an annual economic impact of 360 full time jobs per year offering $11.8 million
in compensation.
Revive Loockerman and create 3,674 linear feet of commercial road.
21.6 acres of green space, a River Walk, and a community amphitheater.
A multi-modal transit hub, streetscape improvements, and improved lighting systems to
promote safety.
Art installations, trees, and preservation of historic architecture to promote culture and
preserve community character.
Page 16 of 19
Page 42
Página 43
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
Strategies:
Important strategies identified in the strategic master
plan include:
Installing monuments at entry points to the
downtown and implementing a crosswalk art
program, which has already launched. Local artists
have created painted crosswalks at 1 W. Figure 8: Capital City 2030 Plan
Loockerman Street and 394 W. Loockerman Monumental Signage
Street.
Create a Multi-Modal Dover by ensuring that the downtown core is accessible from all
directions by car, bike, and foot. This
involves creating street typologies, bike
lanes and bike networks, widening
sidewalks, adding traffic calming
infrastructure, installing raised
intersections, and creating more
centralized parking. It also includes a
transportation hub and strategically placed
wayfinding signage directing visitors to
shopping, dining, and attractions. Figure 9: Painted Crosswalks
o The Dover/Kent County Metropolitan
Planning Organization (MPO) is currently conducting a Downtown Dover Pathways
study to identify means to better
connect key activity centers within
downtown Dover by walking,
cycling, scooter, other active
transportation and micromobility
options. Activity centers include
facilities such as Bayhealth,
legislative mall, Delaware State
University, Dover Transit Center, Figure 10: Capital City 2030 Plan Rendering of the
and Dover Air Force Base. Intersection of East Loockerman St. and Park Dr
o Additional strategies for creating a
connected community may include the
use of pedestrian only alleyways and
bikeshare programs, increased public
transit options to fill gaps, and
sidewalk improvements.
Revive Loockerman Street so it is a pedestrian
and activity corridor with wider sidewalks,
narrower roads, room for outdoor dining and
sidewalk planters, improved lighting systems, Figure 11: Capital City 2030 Plan
and a tree preservation program. The Rendering of Recommended Streetscape
pedestrian experience will be improved with Typologies on W. Loockerman St.
Page 17 of 19
Page 43
Página 44
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
extended store hours and engaging consumer experiences that encourage visitors to spend
time in the area.
Adjust the intersection design at State Street, Kings Highway, and Loockerman to improve
safety and pedestrian access.
Address parking issues by creating a mobility hub with structured parking, bike or car share
access, travel information, and more.
Preserving the architecture and historical character of downtown. Provide clear design
standards that clarify which design elements should be encouraged or discouraged in
renovations and in new construction.
Develop a community density plan that seeks to add residential units at various price points.
Key Projects
Capital City 2030 identifies target sites where implementing targeted strategies will have the
greatest impact. The key projects have been identified with the goal of increasing density
downtown and growing amenities in a manner that is equitable, sustainable, and in line with the
goals and values of the City and its stakeholders.
As the first decade of the DDD program ends, several of these key projects are taking shape.
Capital City 2030 includes a financial framework to achieve the plan’s goals, and the incentives
provided by DDD designation are instrumental. As it relates to the DDD District Plan, three
major projects are expected to begin development within the next couple of years and will serve
as catalysts for other redevelopment activity identified in Capital City 2030. These include the
120 and 129 South Governors Avenue projects and the Old Dover Post Office project.
Availability of DDD incentives have played a major role in getting these projects off the ground.
Figure 18 includes images of current sites on Governors Avenue and the project renderings from
the Capital City 2030 Plan. This figure also includes the Old Dover Post Office location, and the
rendering created by the private developer who is working to renovate the space. In addition,
critical upgrades to the sewer and water infrastructure will ensure that the infrastructure can
support the increase in density.
120 S. Governors Avenue- Construct a multi-level building with parking, residences, a
grocery store, and outdoor space to increase downtown amenities.
129 S. Governors Avenue and other adjacent parcels- Construct a parking deck to replace
the existing surface lot. Create a transit hub and nearby residential units and town homes.
The Old Post - The City is currently working with a developer on a proposal to create a 4-
story mixed-use building with space for 2 retail establishments, parking, office space, and
30 apartment units.
Critical Water and Wastewater Infrastructure Upgrades – The City will replace aging
water and sewer lines needed to support downtown development.
Appendix F features the Governor’s Press Release on the investment as well as subsequent news
articles about the forthcoming investments.
Capital City 2030 identifies additional key projects in the “Our Plan: Project Sites” section
beginning on page 74. These projects are also important to the vision for downtown Dover and
Page 18 of 19
Page 44
Página 45
Item #7.
City of Dover, DE
Updated District Plan - DRAFT
Downtown Development District
will likely move forward after the initial key projects are underway. DDD incentives are
important to the feasibility of all these key projects.
Figure 12: Current Lots and Renderings
Page 19 of 19
Page 45
Página 46
Item #7.
Page 46
Página 47
Item #7.
Appendix A
Please see the Transforming Downtown Dover Capital City 2030 Master Plan: https://
www.dropbox.com/scl/fi/zot7m23o8us1b4rzd4edh/DOVER_Masterplan_January.pdf?
rlkey=fy132lnwpvwmfohyxiyiebkdy&dl=0
Page 47
Página 48
Item #7.
Page 48
Página 49
Item #7.
Appendix B
Page 49
Página 50
Item #7.
City of Dover, DE
Updated District Plan: Appendix
Downtown Development District
Appendix B: Maps
1. Project Locations
2. CDHH and NeighborGood Project Locations
3. Census Tracts & Block Groups
4. Census Blocks
5. Census Tract Changes
6. Census Block Group Changes
7. Percent Homeownership 2010
8. Percent Homeownership 2020
9. Percent Vacant Units (2020)
10. Vacant Building
11. Dangerous Buildings
12. Total Crime
13. Violent Crime
14. Drug Crime
15. Property Crime
16. Proposed Boundary
17. Current Zoning
18. Current Land Use (2019 Comprehensive Plan)
19. Planned Land Use (2019 Comprehensive Plan)
20. FEMA Floodplain
21. National Historic Districts
Page 50
Página 51
Item #7.
Page 51
Página 52
Item #7.
Page 52
Página 53
Item #7.
Page 53
Página 54
Item #7.
Page 54
Página 55
Item #7.
Page 55
Página 56
Item #7.
Page 56
Página 57
Item #7.
Page 57
Página 58
Item #7.
Page 58
Página 59
Item #7.
Page 59
Página 60
Item #7.
Page 60
Página 61
Item #7.
Page 61
Página 62
Item #7.
Page 62
Página 63
Item #7.
Page 63
Página 64
Item #7.
Page 64
Página 65
Item #7.
Page 65
Página 66
Item #7.
Page 66
Página 67
Item #7.
Page 67
Página 68
Item #7.
Page 68
Página 69
Item #7.
Page 69
Página 70
Item #7.
Page 70
Página 71
Item #7.
Page 71
Página 72
Item #7.
Rossi Transportation Group, Inc.
555 E. Loockerman Street, Suite 220
Dover, DE 19901
Page 72
Página 73
Item #8.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2024-06
1 A RESOLUTION IN SUPPORT OF THE APPLICATION FOR A FIVE-YEAR
2 EXTENDED DESIGNATION AS A DOWNTOWN DEVELOPMENT DISTRICT
3 WHEREAS, under the Downtown Development Districts Act, 22 Del.C. §§ 1901 et seq. (the "Act"),
4 the State of Delaware may designate districts within Delaware's cities, towns, and unincorporated areas
5 that will qualify for significant development incentives and other State benefits; and
6 WHEREAS, these districts are known as Downtown Development Districts ("Districts"); and
7 WHEREAS, in 2015, the downtown area of the City of Dover was designated as a Downtown
8 Development District for an initial ten-year period; and
9 WHEREAS, the Act allows the Governor to renew existing Districts for up to two five-year
10 renewal periods, upon recommendation of the Cabinet Committee on State Planning Issues; and
11 WHEREAS, the Office of State Planning Coordination has developed a renewal application
12 process to evaluate the performance of district responsibilities by the municipality, the continued
13 need for the district, and its effectiveness in achieving program goals, with such applications being
14 due six months prior to expiration; and
15 WHEREAS, application materials must include an updated district plan including updated goals,
16 objectives, strategies, and key priority projects, a program evaluation, and a discussion of the
17 continued need for the District designation supported by data, and information about the proposed
18 incentive package to achieve the purposes set forth in the Act (the “Local Incentives”) and;
19 WHEREAS, Applicants may revise the original District Boundary as a part of the renewal process
20 to meet the redevelopment goals of the next five-year period; and
21 WHEREAS, if the renewal application is successful and the City receives a five-year extension of
22 its District designation, the District Plan and Local Incentives proposed by the City shall be binding;
23 and
24 WHEREAS, the incentives associated with designation as a Downtown Development District have
25 and are expected to continue to greatly benefit current and future residents, businesses, non-profit
26 organizations, and others within the City of Dover; and
27 WHEREAS, the City Council of the City of Dover strongly believes that it is in the best interest of
28 the City of Dover to apply for a renewal of the District designation.
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 73
Community Excellence Through Quality Service
Página 74
COUNCIL RESOLUTION NO. 2024-06 PAGE 2
Item #8.
29 NOW THEREFORE, BE IT RESOLVED THAT:
30 1. The City Council supports the Application for a five-year extension of District Designation
31 prepared by Rossi Group and dated March 2024 (the "Application"); and
32 2. The City of Dover is authorized to appoint a District administrator (the "Administrator") to
33 file the Application on behalf of the City, and to provide such other documents and
34 information as may be necessary or desirable in connection with the Application; and
35 3. If the Application is successful and the City of Dover receives notice of District renewal:
36 a. The City shall adhere to the District Plan and the Local Incentives contained in the
37 Application for the duration of the District designation; and
38 b. The Administrator, or their designee(s), is authorized to execute such documents and
39 enter into such agreements as may be necessary or desirable in connection with the
40 Downtown Development Districts program and the rights and obligations of the City
41 of Dover thereunder; and
42 c. The Administrator, or their designee(s), is authorized to carry out all District
43 administrative and reporting requirements on behalf of the City of Dover for the
44 duration of the District.
45 ADOPTED: *
46
47 ROBIN R. CHRISTIANSEN WILLIAM F. HARE
MAYOR COUNCIL PRESIDENT
48 Actions History
49 05/13/2024 – Scheduled for Introduction – City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 74
Community Excellence Through Quality Service
Página 75
Item #9.
PETITION TO AMEND ZONING DISTRICT
Public Hearing Before the Dover City Council on May 13, 2024
Recommendation from Planning Commission Meeting of April 15, 2024
With Staff and Development Advisory Committee Review
Application: Rezoning Lands of Linda Duncan at 600 Forest Street
Applicant/Equitable Owner: Erin Barrett
Owner: Linda Duncan
Address: 600 Forest Street, Dover DE, and unaddressed Forest Street
Location: South side of Forest Street at the east end of Loockerman Street.
East of Railroad Avenue and railroad corridor.
Tax Parcel: ED-05-076.12-02-44.00-000
ED-05-076.12-02-45.00-000
Overall Parcel Size: 0.51 acres+/-
Present Use: Vacant tract of land
2019 Comprehensive
Plan Designation-Land Mixed Use
Use Category:
Present Zoning: IO (Institutional and Office Zone)
H (Historic District Zone)
SWPOZ (Source Water Protection Overlay Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone)
H (Historic District Zone)
SWPOZ (Source Water Protection Overlay Zone)
Request: Rezoning to build a mixed-use building to include office/retail and
apartments.
File Number: Z-24-03
Ordinance Number: 2024-09
P. O. Box 475 Dover, DE 19903 Page 75
Community Excellence Through Quality Service
Página 76
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 2 of 10
Planning Commission
Recommendation: The Application Z-24-03 Lands of Linda Duncan at 600 Forest Street:
Rezoning IO/H/SWPOZ to C-2A/H/SWPOZ was represented by Mrs.
Erin Barrett as the equitable owner of the subject property. A Public
Hearing was conducted on April 15, 2024 where one member of the
public spoke, and no written comments were received (as part of the
meeting) regarding the Rezoning application. The Planning
Commission’s motion to recommend approval of the proposed
rezoning from IO to C-2A (Limited Central Commercial Zone) and
subject to the H (Historic District Zone) and SWPOZ (Source Water
Protection Overlay Zone) resulted in a 9-0 vote in favor. (Draft
Meeting Minutes attached.)
APPLICATION: Z-24-03 Lands of Linda Duncan at 600 Forest Street, Dover DE: Rezoning
IO/H/SWPOZ to C-2A/H/SWPOZ
This Rezoning Application was referred to the Planning Commission as per Zoning Ordinance,
Article 10 §5. The Planning Commission is required to provide a Review Report to the City
Council. The following document and attachments are provided as the Review Report and
Planning Commission Recommendation.
I. APPLICATION SUMMARY:
This Rezoning Application is for two parcels of land consisting of 0.51 acres+/-*. The property
is zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone) and the
SWPOZ (Source Water Protection Overlay Zone). The proposed zoning for the property is C-2A
(Limited Central Commercial Zone) and remaining subject to the H (Historic District Zone) and
the SWPOZ (Source Water Protection Overlay Zone). The property is located on the south side
Forest Street and near the west end of Loockerman Street. The owner of record is Linda Duncan.
The equitable owner is Erin Barrett. Property Address: 600 Forest Street. Tax Parcel: ED-05-
076.12-02-44.00-000 and ED-05-076.12-02-45.00-000. Council District 4. Ordinance #2024-09.
*It is noted that the survey plan submitted shows a parcel of 0.51 acres +/- but it does not match
the city’s GIS mapping of the parcels. Planning Staff listed two parcel numbers currently related
to the area of request. This is being researched for clarification.
Existing Property:
FORMER HARTNETT LUMBER YARD BUILDING
This was the site of the former Hartnett Lumber Yard building; it was included in the 1979
National Register of Historic Places inventory. The property is currently within the City of
Dover H (Historic District Zone) and also listed in the National Register of Historic Places as
part of the Victorian Dover Historic District. A Demolition Permit was issued in 1999 to
demolish the buildings on this property (after a fire). The property is currently a vacant tract of
land with no buildings. The south side (rear) of the property is at the end of Loockerman Street
near the intersection with Jerusalem Way. The land on the west side and southwest side of the
subject property is owned by the State of Delaware; this is the location of the former train station
building now utilized as offices. The street that the property is addressed on is Forest Street (to
the north) which is a State maintained road.
Page 76
Página 77
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 3 of 10
Previous Applications:
At the September 20, 2010 Meeting, the Planning Commission granted conditional approval and
Architectural Review Certification for a plan to build a four story 32,624 S.F. office building
with a coffee shop and the associated site improvements. On September 19, 2011, the plan
received a one year extension; and a second extension was granted September 17, 2012. The plan
did not achieve final plan approval and has expired (HI-10-05/S-10-17).
Surrounding Land Uses
The surrounding parcels are zoned commercial: C-2 (Central Commercial Zone), C-2A (Limited
Central Commercial Zone), and IO (Institutional and Office Zone). The property to the west is
owned by the State of Delaware and contains the former train station building. The First Capital
Center (Duncan Center) is at 500 W. Loockerman Street, which is south of the subject property.
This building is a 5.5-6-story office building built in 2004. These properties are all currently
zoned IO (Institutional and Office Zone). The other side of Forest Street contains a 3-tenant
commercial building with parking off South Kirkwood Street. To the north and northwest is a
gas station and multi-tenant building including retail, offices, and a convenience store.
II. COMPREHENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this
property be used for Mixed Use. The goals and polices for Mixed Use Areas are listed in the
2019 Comprehensive Plan excerpts presented below (pages 12-7 through 12-9):
MIXED USE AREAS
Dover is a community whose character is determined by its history, changes in its economic
base, or by regional and national events. Resulting Mixed-Use areas are characterized by a
finely scaled mix of residential, commercial, civic, institutional, and occasionally industrial
uses. Typically reflecting the long-term cycles of growth and change in the community, these
traditional development patterns emerge where no single use category is predominant. These
areas reflect close proximity of uses and structures, neighborhoods developed around
walkability versus automobiles, varied architectural styles typically with grid-based street
patterns, and an array of social and economic determinates. Mixed Use areas can reflect the
historic pattern of development such as in Downtown Dover, an area where a mix of uses is
driven by a primary set of uses such as around Bayhealth Hospital, or they can be an area
where a new development should foster walkability and close interactions among activities
and uses in a traditional neighborhood setting.
Goals: Mixed Land Use
The overall goals for Mixed Use areas are:
1. Encourage creation of neighborhood centers.
2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban
centers. These centers should be established along major roadways and feature mixed use
development, pedestrian-friendly public environments, and opportunities for connection
to future transit.
Page 77
Página 78
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 4 of 10
3. In order to encourage non-automobile access to the center, the activities should be clustered
within a one-half mile radius (or 10-minute walk) and be located so as to draw upon
residents from a number of surrounding neighborhoods.
4. Develop strategies that will encourage the creation of well-defined public street spaces and
pedestrian-friendly village areas that encourage walking and bicycle use. This may include
on-street and behind building parking, and the creation of build-to lines for new
development.
5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle,
and transit networks to parks and natural areas.
6. Encourage the Mixed Use of residential and commercial uses in the Downtown area.
Recommendations for Mixed Use Areas
The Land Development Plan sets forth recommendations for the four largest distinct Mixed-
Use areas.
Downtown Dover – Historic Core and Center City : Mixed Use Area
Downtown Dover is the City’s primary Mixed-Use area. The historic City center clustered
around The Green dates back as early as the 1700s. It expands to also include the traditional
City pattern of grid streets which developed during the 19th and early 20th centuries. As a
result of its earlier development, Downtown Dover, like many other historic cities, includes a
variety of intermingled land uses. The Downtown area, which includes the traditional
Loockerman Street business district, is broadly bounded by Wesley College on the north, the
railroad tracks on the west, Bayhealth-Kent General Hospital on the south, and St. Jones River
on the east. It includes a street level mix of residential, commercial, office, cultural, and
institutional uses.
Downtown Dover is the traditional and symbolic center of the community and is vitally
important to the overall image and identity of the City. As the State’s office complex and other
businesses and services make Downtown the largest area of employment in the City,
Downtown Dover is vital to the economy. It is important to preserve the area as a safe,
convenient, and aesthetically pleasing business environment. Downtown provides a unique
and affordable commercial environment where locally owned businesses reflect the small-
town nature of the community.
Downtown also provides a residential environment with a wide variety of housing types near
commercial, cultural, education, and employment resources. The age of the buildings and
infrastructure in the Downtown area requires special attention and incentives to assist in
continual use and revitalization activities. Downtown lacks the vibrancy of years gone by and
its revitalization will hinge on mixed land uses and developing a commercial niche. Removal
of blighted conditions, rehabilitation and redevelopment of traditional residential areas, and
re-establishment of neighborhood identity will be important components of the City’s
strategies and initiatives.
The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major
employment, residential and commercial center as well as the symbolic and cultural heart of
the community. Efforts should strive to recognize its unique heritage and historic resources
Page 78
Página 79
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 5 of 10
and to provide for mixed use development allowing greatest variation of uses, Activities to
reestablish the economic and social vitality of Downtown neighborhoods are encouraged.
Recommendations: Downtown Dover – Mixed Use
• Master plan the Loockerman Street corridor.
• Enhance the Downtown area through economic development and historic preservation
programs.
• Continue to support the preservation and adaptive reuse of buildings and infrastructure
through public investments, property maintenance enforcement, housing grants, and
financial incentives.
• Promote zoning districts and regulations that support the traditional mixed-use nature of
the Downtown area.
• Support revitalization of Downtown residential neighborhoods.
The Rezoning Request to C-2A (Limited Commercial Central Zone) is consistent with the Land
Use Classification of Mixed-Use. Table 12-1: Land Use and Zoning Matrix (from the 2019
Comprehensive Plan) specifies that the following zones are compatible with this Land Use
classification. See the excerpt from Table 12-1 given below.
C-2 (Central Commercial) (Downtown Redevelopment
Target Area Only)
C-2A (Limited Central Commercial)
TND (Traditional Neighborhood Design)
C-1 (Neighborhood Commercial)
C-1A (Limited Commercial)
RGO (General Residence and Office) (Downtown
Mixed-Use Redevelopment Target Area Only)
R-8 (One Family Residence)
R-10 (One Family Residence)
RG-1 (General Residence)
RG-2 (General Residence)
RG-4 (General Resident - Multi-Story Apartments)
C-3 (Service Commercial)
CPO (Commercial and Professional Office)
IO (Institutional and Office)
III. ZONING REVIEW
Request for C-2A (Limited Commercial Central Zone) Zoning
The following code excerpt of the C-2A zoning district is provided from Article 3 §14 of the
Zoning Ordinance.
Page 79
Página 80
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 6 of 10
Section 14. Limited central commercial zone (C-2A).
14.1 Uses permitted. In a limited central commercial zone (C-2A), no building or premises shall be
used, and no building or part of a building shall be erected, which is arranged, intended, or
designed to be used, in whole or in part, for any purpose, except the following:
(a) Retail stores.
(b) Business, professional or governmental offices.
(c) Personal service establishments.
(d) Restaurants.
(e) Service establishments.
(f) Hotels.
(g) Places of public assembly.
(h) Drive-throughs.
(i) One family residences, including attached and semi-detached dwellings, complying with
the bulk standards of the RG-1 (General Residence) zone.
(j) Apartments and multi-family dwellings.
14.2 Conditional uses. The following uses are permitted, conditional upon the approval of the
planning commission in accordance with the procedures and subject to the general conditions
set forth in article 10, section 1:
(a) Parking lots and parking structures as a principal use on suitably landscaped lots.
(b) Fuel pumps accessory to a permitted use.
14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than off-street
parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating
areas associated with restaurants and outdoor sales areas approved by the city planner.
14.4 Performance standards. All uses are subject to performance standards as set forth in article 5,
section 8.1.
14.5 Site development plan approval. Site development plan approval in accordance with article 10,
section 2 hereof shall be required prior to the issuance of building permits for the erection or
enlargement of all structures and prior to the issuance of certificates of occupancy for any
change of use.
H (Historic District Zone)
The project site is located in the H (Historic District Zone) and subject to the provisions of the
Zoning Ordinance, Article 3 §21 and referenced sections. The H (Historic District Zone) is
described in Zoning Ordinance, Article 3 Section 21 with the following purpose statement:
Article 3, Section 21. - Historic district (H).
21.1 Purpose. The purpose of this historic district regulation is to preserve and enhance that
unique character and value of the old portion of Dover as an area of special charm and interest.
It is particularly intended that the regulations prevent, in the historic dis trict, any change of
conditions that would be deemed to be a disfigurement or degradation of the present unique
visual and architectural qualities of the district.
SWPOZ (Source Water Protection Overlay Zone)
The purpose of the Source Water Protection Overlay Zone is to provide a safe drinking water
supply and to ensure that groundwater is adequately protected and maintained. The SWPOZ
includes a list of prohibited uses where such uses/activities could impact ground water resources.
Page 80
Página 81
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 7 of 10
The site is located within the SWPOZ (Tier 3: Excellent Recharge Area) found in Article 3
Section 29.7 of the Zoning Ordinance. However, this project site is within the Downtown
Redevelopment Target Area which is exempted from the SWPOZ requirements and restrictions
as per Zoning Ordinance, Article 3 §29.79 with regard to bulk standards, ground cover, and floor
area ratios.
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to rezone lands from IO (Institutional and Office Zone) to C-2A (Limited Central
Commercial Zone). While both zones are commercial in nature, the IO Zone generally does not
allow for residential dwelling units instead focusing on offices, public buildings, and institutional
uses. The C-2A zone allows for both commercial uses and a variety of residential units including
one family dwellings, apartments, and multi-family dwellings.
This location is in the Downtown Development District (High Priority Target Area). This
location is also in the Downtown Redevelopment Target Area, which is outlined in Dover Code
of Ordinances, Appendix C, Article II, Section 4. The property’s location in these areas and
other qualifications may allow redevelopment activities to qualify for incentives. The
Transforming Downtown Dover: Capital City 2030 Plan commissioned by the Downtown Dover
Partnership envisions projects to increase residential dwelling units, revitalize commercial areas,
and provide gateway improvements. This property location is part of the western gateway
approach into Downtown Dover.
Staff recommends that the Rezoning be granted to C-2A (Limited Central Commercial Zone),
with it remaining subject to H (Historic District Zone) and SWPOZ (Source Water Protection
Overlay Zone) as requested for the approximate half acre parcel. The proposed zoning is
consistent with the Comprehensive Plan for the Mixed-Use classification, as it fits the goals of
the Comprehensive Plan by encouraging the use of both commercial and residential uses in the
Downtown area. The C-2A allows for different housing types as well as retail, offices,
restaurants, hotels, and personal services establishments, potentially creating neighborhood
centers. The C-2A zone would also allow for the place of public assembly if desired.
Loockerman Street corridor is a mixed-use corridor which includes a variety of first floor
commercial businesses and offices with apartments on the second floors. One example of a
mixed-use building is the Bayard Plaza Apartments with retail and commercial spaces on the
first floor, and apartments on the floors above. There are a number of surviving historic buildings
in the general area including: New Jerusalem Baptist Church, the train station building, and
other buildings on Loockerman Street. There is existing infrastructure for water, sanitary sewer,
and electric services that can be extended to serve development and the police, fire, and
emergency medical services service the area. Any future development project will need to
consider traffic circulation on nearby streets and sidewalks, and site access/entrance locations.
It is noted that the Zoning Ordinance outlines specific procedures and review process regarding
changes to the H (Historic District Zone) and the SWPOZ (Source Water Protection Overlay
Zone) zoning designations of a property. These specific procedures are outlined in Zoning
Ordinance, Article 10 §3.3; Zoning Ordinance, Article 3 §29.77; and Zoning Ordinance, Article
10 §5. This application did not make a request to be removed from the H (Historic District Zone)
or the SWPOZ (Source Water Protection Overlay Zone).
Page 81
Página 82
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 8 of 10
This Rezoning Request does not grant approval of a specific use for the property but makes its land
use subject to a listing of uses permitted and potential conditional uses as allowed in the C-2A
zoning district and as additionally limited by SWPOZ prohibited uses list. Staff notes that any
potential development for the subject rezoning area would have to be in line with the zoning
classification, overlay zones, and would similarly have to follow all development design guidelines
of the Zoning Ordinance, as well as the Design Standards and Guidelines for the City of Dover
Historic District Zone. Were the Application for Rezoning to be recommended by the Planning
Commission and subsequently approved by the City Council, the applicant would still have to
submit Site Development Plans and/or Subdivision Plans, Architectural Review Certification, and
Permits for review for any new use of the site to be established.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration.
V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This Rezoning Application is a request for a zoning map amendment which changes the zoning
district of a property. The Planning Commission as part of their public hearing and review
process will provide a recommendation on the rezoning request to City Council. As part of the
process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must
evaluate the following factors when considering the request:
Article 10 § 5.36 Report of the planning commission. Regarding each application for a
zoning map amendment, the planning commission shall provide a report to the city council
stating a recommended action with regards to the proposed amendment, along with the
commission's evaluation of the following factors:
(A) Whether the uses permitted by the proposed change would be compatible with the
existing uses and zones in the area concerned;
(B) Whether adequate public services and infrastructure exist or can be created or
expanded to serve the needs of any additional demand as a result of such change; and
(C) Whether the proposed change is in accordance with the city's current comprehensive
plan.
A Recommendation Report from the Planning Commission will be forwarded to the City
Council for their consideration of the Rezoning Application. This document and its attachments
make up the Recommendation Report.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of April 15, 2024, the
Rezoning Application Z-24-03 was represented by Mrs. Erin Barrett as the equitable owner of the
subject property at 600 Forest Street. During the Public Hearing, one member of the public spoke,
and no written comments were received.
The Planning Commission’s motion was to recommend approval for Rezoning application
Z-24-03 Lands of Lands of Linda Duncan from IO (Institutional and Office Zone) to C-2A
(Limited Central Commercial Zone) and remaining subject to the H (Historic District Zone)
Page 82
Página 83
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 9 of 10
and SWPOZ (Source Water Protection Overlay Zone) and resulted in a vote of 9-0 in favor
of rezoning. The reasons cited for the recommendation of approval include it being in
keeping with things we are trying to do for Downtown Dover; its compatible with
surrounding uses in the area; consistency with the City’s 2019 Comprehensive Plan; and with
reference to the recommendation of approval from the Planning Staff (in Development
Advisory Committee Report).
See also the included excerpt of the DRAFT Meeting Minutes of the April 15, 2024 Planning
Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
VI. ADVISORY COMMENTS TO THE APPLICANT:
1) The applicant shall be aware that approval of any Rezoning application does not represent
Site Development Plan, Subdivision Plan, or Architectural Review Certification. Following
any decision made by City Council in regard to this Rezoning, then an application for a Site
Plan, Subdivision Plan, Architectural Review Certification and/or appropriate Building
Permits must be submitted to the Planning Department prior to the establishment of a use,
development activity, or any construction activity on the site. The applicant should contact
the Planning Staff to determine the appropriate review process for any proposed projects.
2) The applicant should be aware that Development within the H (Historic District Zone) is
subject to Architectural Review Certification process which may involve application to the
Historic District Commission.
3) The applicant should also be aware that the previous uses as a lumberyard may necessitate
environmental assessments related to Brownfields or environmental remediation activities.
4) The applicant should be aware of the potential for historic archaeological resources which may
include previous building locations, wells, privies, etc. on the property. The State Division of
Historical & Cultural Affairs can provide technical assistance when dealing with
archaeological resources including previous studies at the subject location.
5) The applicant shall be aware that approval of any Rezoning application does not represent a
Building Permit, Demolition Permit, Sign Permit, or other construction activity permit
approval. A separate application submission is required before issuance of permits by the City
of Dover.
6) The applicant shall be aware that any future use and/or buildings may be subject to a separate
permitting or licensing processes through the City of Dover Licensing and Permitting
Division. All businesses operating in the City of Dover are required to obtain a City of Dover
Business License. Certain types of uses also require a Public Occupancy Permit or Rental
Dwelling Permits.
ATTACHMENTS:
• Zoning Map Exhibit
Page 83
Página 84
Z-24-03 Lands of Linda Duncan at 600 Forest Street
Planning Commission Recommendation Report of April 15, 2024 Item #9.
Page 10 of 10
• Application Z-24-03 Submission: Boundary and Existing Conditions Plan (2010)
• Development Advisory Committee Comments from City of Dover Departments of Public
Works and Water & Wastewater, Electric Department, City Office of the Fire Marshal,
DelDOT, and Dover/Kent County MPO
• Excerpt from DRAFT Planning Commission Meeting Minutes of April 15, 2024
• Proposed Ordinance #2024-09
Page 84
Página 85
City of Dover Application No.: Z-24-03
Item #9.
Department of Planning & Inspections
RG-
RG- e
rs Av
C- 1 RG- RG- IO
1 St
RG-
verno
RG-
n
2A Fulto 1 1
w St
N Go
IPM C-3 RG- NQ 1 1
1 N Ne
N Kir RG- ueen
RG- k wo 1
ge RG-
St
Rid t 1 IO
C-1A
est S
M 1 od S
t
ly St NW C- C-1A C-1A
C-3 2A RG-
r C-1A 1
ton D C-3 C-3 t
ion S
Wes
M
ve
IO Divis RG-1
ors A
W
vern
C-2A
RG-1
S Go
IO C-2A
RG-1
t
C-2A RG-1 eed S
C-3 WR
C-1A S Ki
rkwo
C- S t
C- est C-3 od S C-2
1 1A Fore IO SW RG-1
RG-1 RG-1 st St
RG-1
t
w St
C-2A
S Ne
Lincoln St
C-2
R-8 C-2
R-
t
C-3 C-3 Rail cker man S
een
Cher ry St
W Loo
Davis Cir
8 RG-1
S Qu
R-8 road
C-2 C-2
Ave C-2
Vine St
St
Paul St IO C-
RG-1 IO Jerus
2
IO
RG-1 RG-1
Way
RG-1 alem IO
r St Clare RG-
IO
ghte
Slau 1
t
RG-1 nce S h St
W Nort C-3
Minim
RG-1 a St k Ln
Ban
RG-4
ing S
TND Bann
ou IO
ett H se Cir
Garr
t
St
a ter
WW
Title: Lands of Linda Duncan
Address: 600 Forest St.
Legend
Parcel ID: ED-05-076.12-02-44.00-000 and ED-05-076.12-02-45.00-000
Existing Zoning: IO (Institutional and Office Zone)
SWPOZ (Source Water Protection Overlay Zone)
Dover Boundary
H (Historic District Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone) Subject Property
SWPOZ (Source Water Protection Overlay Zone)
H (Historic District Zone) Zoning
Owner:
Date:
Linda Duncan
3/19/2024
« Dover Parcels
Page 85
Página 86
Item #9.
Page 86
Página 87
Item #9.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MARCH 27, 2024
APPLICATION: Lands of Linda Duncan at 600 Forest Street
FILE #: Z-24-03
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT EMAIL #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed rezoning of tax parcel ED-05-076.12-02-44.00-000. Any redevelopment shall
adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works
Construction. Impact fees may be applied to this property. Future development shall comply with all aspects of the City of
Dover’s Cross Connection Control Program.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WASTEWATER / GENERAL
1. None
WATER
1. This site currently has a monitoring well that is being used by DNREC and / or USGS. The use or abandonment of said well will
need to be approved by the aforementioned agencies.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 87
Página 88
Item #9.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MAR 27, 2024
APPLICATION: Lands of Linda Duncan at 600 Forest Street
FILE #: Z-24-03
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-076.12-02-44.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be
responsible for all costs associated with providing the appropriate meter / service to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook.
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 88
Página 89
C F #9.
Z-24-03
Item
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 03/27/24 D S
O H
V A
E L
R
APPLICATION: Lands of Linda Duncan at 600 Forrest St
FILE #: Z-24-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
josika@dover.de.us
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is a rezoning application. This office has no objections.
2. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley,
shall have displayed on that wall, in legible, easily read characters which are of contrasting color
to the background, the proper street number for such house, building, or structure in accordance
with the following:
One-family and two-family residential structures, height, the number shall measure a minimum of four
inches in height, location, the number shall be placed on the house above or to the left or right of
the front entrance, color, the number shall be contrasting to the background color, Arabic numerals,
all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings
with apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location,
numbers shall be placed either in the center of the building or on the street end of the building so
as to be visible from either the public or private street or from the parking lot, color, numbers shall
be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic
numerals.
Page 89
Página 90
Item #9.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the
street end of the building so as to be visible from either the public or private street or from the
parking lot,
property line or driveway, should the building be located far enough from a public or private road so
that the numbers are not clearly visible from the street, then the street address shall also be
posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on
each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite
number affixed to the front of the tenant space and on the outside of the rear door which
corresponds with that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
3. Project to be completed per approved Site Plan.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. N/A
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 90
Página 91
Item #9.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of Duncan in City of Dover (600 Forest Street)
FILE#: Z-24-03 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Will T Mobley III PHONE#: 302-760-2409
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No objection to Rezoning.
2. Prior to site development, the user will request a pre submittal meeting with the DelDOT.
Items to prepare for discussion at time of site development.
a. Site access needs to be clarified.
b. Trip Generations
c. Limiting factors of the site
d. Right of Way dedication
Page 91
Página 92
Item #9.
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 4/3/2024 Organization
APPLICATION: Z-24-03 Lands of Linda Duncan at 600 Forest Street
FILE # Z-24-03 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030
Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or
eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The
MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be
waived.
City of Dover Planning Commission
Zoning Review
Z-24-03 Lands of Linda Duncan at 600 Forest Street
1) The MPO does not have any objections to the proposed rezoning. A sidewalk is already present
on most of the property’s perimeter, and as long as these conditions are not negatively impacted
by future changes to the property, pedestrians will still be able to navigate the area.
2) The property is located in close proximity to railroad tracks. Depending on future use and
expected foot traffic, it may be necessary to steer pedestrians towards designated crossing areas.
(These changes would need to take place at 516 Loockerman Street, the property adjacent to 600
Forest Street, though the changes would affect the safety conditions of both properties.)
3) There is a bus stop below the streetlight on Forest Street. Any future changes to the property
should not affect access to this location.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
Page 92
Página 93
Item #9.
CITY OF DOVER PLANNING COMMISSION
April 15, 2024 Excerpt from Meeting Minutes – Draft
The Meeting of the City of Dover Planning Commission was held on Monday, April 15, 2024 at
7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx.
The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were
Mr. Cooper, Mr. Roach (virtual), Mr. Witham, Mrs. Denney, Mr. Baldwin, Dr. Jones, Mr. Reaves,
Mrs. Welsh (virtual), and Mrs. Maucher.
Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, Mr. Jason
Lyon (virtual), and Mrs. Kristen Mullaney.
NEW APPLICATIONS
Z-24-03 Lands of Linda Duncan at 600 Forest Street - Public Hearing and Review for
Recommendation to City Council on a rezoning application for a parcel of land consisting of 0.51
acres+/-. The property is zoned IO (Institutional and Office Zone) and subject to the H (Historic
District Zone) and the SWPOZ (Source Water Protection Overlay Zone). The proposed zoning for
the property is C-2A (Limited Central Commercial Zone) and remaining subject to the H (Historic
District Zone) and the SWPOZ (Source Water Protection Overlay Zone). The property is located
on the south side Forest Street and near the west end of Loockerman Street. The owner of record
is Linda Duncan. The equitable owner is Erin Barrett. Property Address: 600 Forest Street. Tax
Parcels: ED-05-076.12-02-44.00-000 & ED-05-076.12-02-45.00-000. Council District 4.
Ordinance #2024-09.
Representative: Mrs. Erin Barrett, equitable owner
Ms. Oehmke stated that the applicant for this application, Erin Barrett is here as the equitable
owner and she is present. They are looking to rezone 600 Forest Street from IO (Institutional and
Office Zone) to C-2A (Limited Commercial Zone). They are going to stay in the H (Historic
District Zone) and it’s part of the SWPOZ (Source Water Protection Overlay Zone). There is a
slight difference in the bulk standards between the two zones. Basically, it’s reducing the number
of available floors that they can go up with the new development of a structure. It is going from
ten to six. The property is in the Historic District; so, once the Rezoning has been approved and
they move forward creating a plan, they still need to get Architectural (Review) Certification from
the Historic District Commission. Because of our new parking regulations, they will have to
provide a parking plan at that time. In looking at the use comparison, the main difference in the IO
(Institutional and Office Zone) and the C-2A (Limited Commercial Zone) is that it allows for
residential. She has outlined on the screen, the C-2A (Limited Commercial Zone) residential uses.
In reference to the Comprehensive Plan, both zones are in the Mixed Use Land Use category. The
Mixed Use Comprehensive Plan goals are listed on the screen with the last one highlighted as
“encouraging mixed use of residential and commercial uses in the Downtown Area.” You can see
that the Source Water Protection Overlay Zone has some prohibitions. None of these uses listed
on the screen are what are intended for the development, but it’s just giving you an overview of
what things cannot go there.
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 1 of 4
Page 93
Página 94
Item #9.
The next slide shows two maps from Sanborn Maps which are used for the fire (insurance) in the
early turn of the century. One is dated 1885 and one is from 1910. You can see that the street has
been renamed. The building that was torn down that used to exist is there at the top of the triangle
in the middle of those two screens. It was the home of the J. A. Hartnett Milling Company. There
are also two pictures that were provided by the Public Archives in Dover. The first one is for 1939
and you can see that this building in the left picture that is a one-story with a door and two
windows; we will be seeing that in a little bit. These are pictures of what the site used to look like.
In 1979, they did a National Register of Historic Places inventory and this is the picture was
provided for the Victorian Dover inventory. The Harnett family operated The Hartnett Inc., a local
lumberyard for 110 years; and in 1999, there was a demolition due to a fire. In 2010, there was a
Planning Commission approval for a four-story building similarly designed to the existing First
Capital Center (otherwise known as Duncan Center) that did not receive a Final Plan Approval.
The next slide shows pictures that were provided by the applicant. You can see in the lower left
hand picture, the central door with the two windows. You can see that the brick is slightly different.
That’s what the original building was and there was some extension of the building at some point.
Those buildings are no longer standing. The next slide shows what our current mapping looks like.
You can see the red line that means that it is a State maintained road so any Entrance Plan to Forest
Street would need to have a DelDOT approval plan. The next slide is a survey dated 2010 that they
have asked to be updated. There are some missing boundaries for some parcels; so, that is in the
works. The next slide shows an estimation from our Engineering Department. You can see that
Loockerman actually extends a little bit further than what our previous GIS system shows. You
can see that at the end of Loockerman is the former train station which is now a State owned
building that they use for offices. The next slide shows that the site is both in the City of Dover
Historic District as well as the Victorian Dover Historic District of the National Register of
Historic Places. Neither this particular property nor the train station is listed individually on the
National Register.
Mrs. Barrett stated that she is the equitable owner looking to develop this property. They would
like to put in a multi-use building with some commercial properties on the first floor and then some
residential on the two floors above that which would be a total of three floors.
Mrs. Denney asked if at this point they have any interest for the commercial use for development.
Responding to Mrs. Denney, Mrs. Barrett stated that she wishes she did. She thinks that if you
build it, they will come. So she is hoping to get something off the ground and then lure in either a
coffee shop or a pizza shop or something that would complement that building and area as a whole.
Mr. Reaves asked how she planned to maintain the Historic District with the property that she is
constructing. Responding to Mr. Reaves, Mrs. Barrett stated that she has hired the very best,
Becker Morgan Group. She is planning to have them come up with a brilliant design. She would
like to incorporate some brick that would follow through similar to the area and pull in some
historic. She lives in a house that was built in the 1700’s; so, she likes that colonial look and feel.
Mr. Witham stated that he understands that she wants mixed use at this site. What type of
residential units are you proposing? Responding to Mr. Witham, Mrs. Barrett stated that she would
like to do studio, one-bedroom, and two-bedroom apartments. Not high end but for a good working
class. It is right by a bus stop which she thinks will be to their advantage. She met with Bayhealth
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 2 of 4
Page 94
Página 95
Item #9.
and they have a need for fifty apartments. She was hoping to do some type of long term lease with
them that would allow their residents to stay here. They feel like residents come here and they do
their residency and then they move on because there is not a lot that Dover has to offer and they
have no housing. It’s a great location right between Bayhealth and Eden Hill Medical Center. We
have the Air Force Base. She is not looking to do super high end; only one and two bedroom. She
is not going to be targeting families living there. There won’t be a whole bunch of amenities right
on-site because the site is small but sparking any type of growth in that area, she thinks would be
great for Downtown.
Mr. Witham asked if she was relying on Becker Morgan Group to scope out the number and
dimensions of those apartments. Responding to Mr. Witham, Mrs. Barrett stated yes, she is putting
all of her eggs in that basket.
Mrs. Maucher opened the public hearing.
Mr. Jonathan Street – 500 Troon Road Dover, DE 19901
Mr. Street stated that he is not here representing Mrs. Barrett at all. He sits on various boards and
commissions with the City. He works Downtown and he and his family are also residents of the
City. Echoing what she said, it’s just what Downtown needs to spur development. It’s in keeping
with the Comprehensive Plan and the Master Plan and what the City is really trying to do over the
next few years.
Mrs. Maucher closed the public hearing.
Mrs. Denney stated that she is retired now for many years but there was a time when she did a lot
of recruiting of physicians here to Dover. It was a very difficult thing to do especially in the
beginning when Bayhealth was just a minor hospital. Her feelings were that what was happens is
that these guys and girls do their residencies and they go through all of the schooling and
residencies and the reward in the end is a beautiful place to live. The wives would say sometimes
how they couldn’t wait. But they would come here and the wives would say there was no place to
shop and there is no place for this or that and that was really a stumbling block. Now we have a
residency program here which is magnificent because we are drawing more and more of the best.
If you live here for a short period of time, you realize, as she did when she first came here to Dover
from up north that you are right in the middle. You have the beaches. You get up on Saturday
morning and then you can be at the Metropolitan Museum of Art. We are surrounded by art. We
have art here. She was on the committee that helped develop the sports center. You can grab a train
and be over in DC quickly. We are surrounded by the arts, but we don’t really show that to people
because when you first get here it is just apparent. It has to be really pointed out to you. She thinks
that this is a great use and it’s very much needed here because they come and do their residency
and they need a place to home but they don’t necessarily need a place to entertain and do all of
those things yet. She thinks that these apartments will lend themselves very well.
Mrs. Denney moved to recommend approval to City Council for Z-24-03 Lands of Linda Duncan
at 600 Forest Street for the Rezoning of the land from IO (Institutional and Office Zone) to C-2A
(Limited Commercial Zone), (remaining subject to H (Historic District Zone) and SWPOZ (Source
Water Protection Overlay Zone), seconded by Dr. Jones and the motion was carried 9-0 by roll
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 3 of 4
Page 95
Página 96
Item #9.
call vote. Mrs. Denney voting yes; she thinks that this is an excellent use and it’s in keeping with
everything that we are trying to do here for Downtown Dover. Mr. Witham voting yes; this is an
excellent plan and he wishes the very best for the applicant. It certainly meets the Comprehensive
Plan. The use that is being requested is compatible with surrounding uses. Mr. Baldwin voting
yes; based on Staff recommendations and the fact that it is a fit in the Comprehensive Plan. Dr.
Jones voting yes; for reasons previously stated. Mr. Reaves voting yes; for Staff recommendations
and for reasons stated previously. Mrs. Welsh voting yes; for reasons stated previously and she
thinks that it is a great use of the land. Mr. Cooper voting yes; based on Staff recommendation
and every single word from Mrs. Denney’s statement. Mr. Roach voting yes. Mrs. Maucher voting
yes; for reasons previously stated.
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 4 of 4
Page 96
Página 97
Item #9.
FINAL READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-09
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT
3 600 FOREST STREET
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
5 limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
7 described below from IO (Institutional and Office Zone) and subject to the H (Historic District Zone) and the
SWPOZ (Source Water Protection Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject
to the H (Historic District Zone) and the SWPOZ (Source Water Protection Overlay Zone).
8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
9 DOVER, IN COUNCIL, MET:
10 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
11 Ordinance of the City of Dover have been amended by changing the zoning designation from IO
(Institutional and Office Zone) and subject to H (Historic District Zone) and the SWPOZ (Source
Water Protection Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to the H
(Historic District Zone) and the SWPOZ (Source Water Protection Overlay Zone) on that property
located at 600 Forest Street (South side of Forest Street and near the west end of Loockerman Street)
consisting of 0.51 acres +/- owned by Linda Duncan.
12
13 (Tax Parcel: ED-05-076.12-02-44.00-000 and ED-05-076.12-02-45.00-000; Planning Reference: Z-24-03; Fourth
Council District)
14 ADOPTED: *
15 Actions History
05/13/2024 – Scheduled for Public Hearing/Final Reading – City Council
04/15/2024 – Public Hearing – Planning Commission
16 03/25/2024 – First Reading - City Council
Page 97
Página 98
Item #10.
PETITION TO AMEND ZONING DISTRICT
Public Hearing Before the Dover City Council on May 13, 2024
Recommendation from Planning Commission Meeting of April 15, 2024
With Staff and Development Advisory Committee Review
Application: Lands of White Marsh Environmental Systems, Inc. at 1100 and 1110 South
Little Creek Road
Owner: White Marsh Environmental Systems, Inc. c/o Tidewater Utilities
Addresses: 1100 and 1110 South Little Creek Road, Dover DE
Location: South side of South Little Creek Road and west of State Route 1
Tax Parcel: ED-05-077.12-01-03.00-000
Size: 10.7146 acres +/-
Present Uses: Offices
2019 Comprehensive Plan Designation – Land Use Category: Office
Present Zoning: CPO (Commercial and Professional Office Zone)
Proposed Zoning: IPM (Industrial Park Manufacturing Zone)
Reason for Request: For rezoning of the property for future expansion for material storage (in
addition to current Office use).
File Number: Z-24-04
Ordinance Number: 2024-10
Planning Commission
Recommendation: The Application Z-24-04 Lands of White Marsh Environmental
Systems, Inc. was represented by Mr. Jonathan Street of the
engineering firm the Becker Morgan Group on behalf of the property
owner. A Public Hearing was conducted on April 15, 2024 where one
member of the public spoke, and no written comments were received
regarding the Rezoning application. The Planning Commission’s
motion to recommend approval of the proposed rezoning from C-PO to
IPM (Industrial Park Manufacturing Zone) resulted in a 9-0 vote in
favor. (Draft Meeting Minutes attached.)
Page 98
Página 99
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 2
APPLICATION: Z-24-04 Lands of White Marsh Environmental Systems, Inc. at 1100 and
1110 S. Little Creek Road, Dover DE: Rezoning C-PO to IPM
This Rezoning Application was referred to the Planning Commission as per Zoning Ordinance,
Article 10 §5. The Planning Commission is required to provide a Review Report to the City
Council. The following document and attachments are provided as the Review Report and
Planning Commission Recommendation.
I. APPLICATION SUMMARY
This Rezoning Application Z-24-04 is for a parcel of land consisting of 10.7146 acres +/-. The
property is zoned CPO (Commercial and Professional Office Zone). The proposed zoning for the
property is IPM (Industrial Park Manufacturing Zone). The property is located on the south side of
South Little Creek Road and west of State Route 1. The owner of record is White Marsh
Environmental Systems Inc. c/o Tidewater Utilities. Property Addresses: 1100 and 1110 S. Little
Creek Road. Tax Parcel: ED-05-077.12-01-03.00-000. Council District 2. Ordinance #2024-10.
The First Reading was completed by the City Council on March 25, 2024 referring the Application
to the Planning Commission for Public Hearing, Review, and Recommendation.
Existing Property:
The subject property is located on the south side of South Little Creek Road and includes two
existing buildings used as offices and an existing shed (accessory structure). The two main buildings
are addressed individually at 1100 and 1110 South Little Creek Road. They were previously
developed as offices for Tidewater Utilities on the northern portion of the site and include existing
parking lot areas. This development occurred under Site Plan S-02-21 for the 6,776 SF office
building (closest to South Little Creek Road) and Site Plan S-07-22 Tidewater Utilities Office
Annex Building for a separate 9,882 SF office building. The southern portion of the site is an open
area with an on-site walking trail and some areas of woodland. The southern property line adjoins
State Route 1; however, this is not considered frontage and no access can be established from this
roadway.
The CPO zoning district requires that all uses and the storage accessory to permitted uses on the site
must be located within fully enclosed buildings. Given the operational needs of this utility provider
for the storage of materials and equipment, they are seeking rezoning to potentially allow outdoor
storage options on the same property as their office facilities.
This application only seeks Rezoning of the property from CPO (Commercial and Professional
Office Zone) to IPM (Industrial Park Manufacturing Zone). The applicant is seeking rezoning to
allow for future expansion for material storage and operational facilities to join the office use on the
property. Any new development of the site will be subject to a separate application submission for
plans or permits.
Surrounding Land Uses:
In the immediate area, there are a variety of zoning districts along the South Little Creek Road
corridor with commercial/industrial zoning on the south side of the roadway and residential zoning
on the north side of the roadway. To the west, the adjacent property is an industrial park of multiple
buildings (developed as the Tudor Industrial Park) that is zoned C-3 (Service Commercial Zone)
with a small multi-tenant shopping center building zoned C-1A (Limited Commercial Zone) to the
Page 99
Página 100
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 3
northwest corner. To the east is a parcel zoned CPO and then State Route 1. Across South Little
Creek Road to the northwest are a manufactured home community zoned MH (Manufactured
Housing Zone), a townhouse subdivision along Barrister Place zoned RG-3 (Group Housing Zone);
and further west is Stoney Creek as a residential subdivision zoned R-8 (One Family Residence
Zone). Directly north of the subject site are lands located within the jurisdiction of Kent County
which appear to be residential in use.
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
The 2019 Comprehensive Plan currently depicts the subject area as Office as the Land Use
Classification on Map 12-1: Land Development Plan Map. The Comprehensive Plan notes that “a
healthy and well-rounded local economy will depend upon diversity in business and employment
opportunities.” The 2019 Comprehensive Plan discussed the approaches to office and industrial land
uses as employment centers in the section titled “Employment Centers: Office Parks and Industrial
Land Uses” beginning on pager 12-16; see excerpt below:
Goal: Employment Centers
Create a more vibrant, growing economy with a broader range of job opportunities through
collaborative efforts to market the region, identify potential targets, and respond to
opportunities to foster an increase in office and industrial development in appropriate and
designated areas.
Policies: Employment Centers
1. Protect existing industrial, office park and manufacturing establishments from
encroachment by incompatible land uses which could result in nuisance complaints,
hazardous situations, and human conflict.
2. Provide sufficient land area for industrial purposes to enable the expansion of existing
industries, the establishments of new facilities, and revitalization of underutilized older
industrial sites.
3. Provide for a variety of office park and industrial development opportunities through the
designation of areas for small, medium and large establishments within planned
industrial parks.
4. Promote alternative modes of accessibility including pedestrian and bicycle facilities, bus
shelters and transit stops, and provide incentives for car and van pooling of employees.
5. Create flexible and contemporary industrial zoning provisions that reflect emerging
trends in uses, facilities, and business opportunities to meet future needs.
Recommendations: Employment Centers
The City is committed to fostering a strong, vibrant, and balanced local economy built on
existing and new business locations. This initiative requires close coordination with state and
county economic development entities. It also requires continuous attention to the needs of
existing businesses, efforts to promote a skilled workforce, a comprehensive marketing and
promotional strategy, and land use and development regulations that are efficient and
contemporary. The Comprehensive Plan designates areas throughout the City where job
Page 100
Página 101
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 4
growth and opportunities are encouraged. Plan Chapter 10 – Economic Development lays
out a set of goals and actions designed to reinforce this commitment.
Office Parks
The Land Development Plan designates specific tracts of land of various sizes for Office and
Office Park land uses. Office Park development involves an integrated development of office
buildings with shared entrances, driveways, and parking. The majority of uses permitted
within an Office Park are generally weekday professional office uses involving very little or
no activity at night or on weekends. For this reason, the Office Park designation may be
viewed as a transitional use category when situated between more intense commercial and
industrial land uses and residential land uses. This designation usually involves the C-PO
(Commercial/Professional Office Zone) zoning district.
These areas are located throughout the City with established office concentrations in the
Enterprise Business Park, along Silver Lake Boulevard, on College Park Drive, along Old
Rudnick Lane, the Northgate Center, and elsewhere. Scattered office uses are also located
along Saulsbury/McKee Road and within designated “Mixed Use” areas in the Eden Hill
Farm Traditional Neighborhood Design (TND). Smaller scale areas for office parks are the
Woodbrook complex on South Governors Avenue, office complexes along Walker Road, and
areas along Route 8.
Large Scale Industry
The Land Development Plan designates all existing major industrial facilities and associated
vacant lands for Industrial use. These properties include the manufacturing facilities of Kraft
Heinz Foods, Proctor & Gamble, Edgewell Personal Products, PPG Industries, General
Metalcraft, and others.
Industrial Parks
Several planned industrial parks have been initiated since 1986 which offer industrial
development potential. The Land Development Plan designates these sites for continued
Industrial use. These sites include Kent County Aero Park/Air Cargo Terminal, Enterprise
Business Park, College Business Park, and McKee Business Park. The City purchased and
has developed the Garrison Oak Business and Technology Center (formerly the Garrison
Oak Technical Park) in 1999-2000. It now houses a solar electric facility, an electric
generating facility, a flooring products manufacturer, and a security firm with ten shovel
ready lots remaining available.
Planning is underway to extend the Joint Use Agreement with Dover Air Force Base to allow
expansion of the Kent County Aero Park into a regional facility. The Central Delaware
Aviation Complex will facilitate aviation uses including air cargo, aircraft maintenance and
repair, and related uses as part of a newly designated “Employment Center.”
The Rezoning Request to IPM (Industrial Park Manufacturing Zone) is consistent with the Land
Use Classification of Office. Table 12-1: Land Use and Zoning Matrix (from the 2019
Comprehensive Plan) specifies that the following zones are compatible with this land use
classification. See the excerpt from Table 12-1 given below. It is noted that Table 12-1 for the
Office Land Use Category identifies a number of zoning districts.
Page 101
Página 102
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 5
CPO (Commercial and Professional Office)
Office and Office IO (Institutional and Office)
Parks IPM (industrial Park Manufacturing)
RGO (General Residence and Office)
III. ZONING REVIEW
Request for IPM (Industrial Park Manufacturing Zone) Zoning
The types of permitted uses and conditional uses in the IPM zone are given Article 3 §20 of the
Zoning Ordinance. See the following code excerpt below for the current provisions of the IPM
zone.
Article 3 Section 20. – Industrial Park Manufacturing Zone (IPM).
20.1 Uses permitted. No building or premises shall be used and no building or part of a building shall be
erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except
the following, and in accordance with performance standards procedure as set forth in article 5, section 8,
and subject to site development plan approval as set forth in article 10, section 2:
20.11 Manufacturing, assembling, converting, altering, finishing, cleaning, cooking, baking or any
other type of manufacturing or industrial processing of any goods, materials, products, instruments,
appliances and devices, provided that the fuel used shall be oil, gas or electricity; together with
incidental clinics, cafeterias and recreational facilities for the exclusive use of employees of the
concern engaged in such undertaking.
20.12 Research, design, testing and development laboratories.
20.13 Printing, publishing, binding, packaging, storage, warehousing, transshipment and
distribution, and trucking terminals.
20.14 Business, professional or administrative offices; banks and financial institutions; hotels,
motels and restaurants; public parks, playgrounds, and recreational facilities; and public utility uses,
provided that these uses shall only be located upon a thoroughfare, arterial street or access
highway with[in] the IPM zone. Retail sales and service establishments within planned industrial
parks for local needs and local consumption of the employees and customers of the other permitted
uses within the planned industrial park.
20.15 Signs shall meet the regulations found in article 5, section 4, supplementary sign
regulations.
20.16 Agricultural or farm uses as defined and permitted in article 3, section 1.11.
20.17 The following uses may be permitted as conditional uses if approved by the planning
commission in accordance with the provisions and procedures set forth in article 10, section 1 and
any specified requirements set forth below:
(a) Associated retail uses in conjunction with and accessory to a permitted use, provided
that the associated retail use does not occupy more than 30 percent of the gross floor area
of the building or group of buildings on a lot. Parking shall be provided at a rate of one
parking space per 300 square feet of retail space for the exclusive use of retail customers
in addition to the bulk parking requirements of this zoning district for a particular use.
20.18 Mini-storage facilities, subject to the following regulations:
(a) No unit shall be placed within 30 feet of any other structure on the lot or a residential
property line.
(b) No outside storage [is allowed], except for recreational vehicles, boats or personal
automobiles when completely screened from view and parked in specifically approved
Page 102
Página 103
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 6
locations. Parking for these vehicles shall not count toward the required parking set forth in
subsection (e) below.
(c) No individual unit may be used for retail, garage sale or any other commercial activities.
(d) No storage of flammable, explosive, corrosive or other hazardous products may occur in
the individual unit.
(e) Parking must be provided at a ratio of one space for each 25 rental units, plus a
minimum of three spaces for an office outside of the enclosure. One row of parallel parking
is permitted between buildings at a ratio of one space per 25 feet.
(f) All other bulk requirements of this ordinance are met.
20.2 Uses prohibited. The following uses are specifically prohibited:
20.21 Residences, except those existing at the time of adoption of this amendment.
20.22 Manufacturing uses involving primary production of the following products from raw
materials: asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, ammonia,
carbide, caustic soda, cellulose, chlorine, and carbon black and bone black, creosote, hydrogen
and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash,
plastic materials, and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric,
picric, and sulphuric acids: coal, coke, and tar products, including gas manufacturing; explosives;
fertilizers; glue, and size (animal); linoleum and oil cloth; matches; paint, varnishes, and turpentine;
rubber (natural or synthetic); [and] soaps, including fat rendering.
20.23 The following processes: nitrating of cotton or other materials; magnesium foundry;
reduction, refining, smelting, and alloying of metal or metal ores; refining secondary aluminum;
refining petroleum products, such as gasoline, kerosene, naphtha, [and] lubricating oil; distillation of
wood or bones; [and] reduction and processing of wood pulp and fiber, including papermill
operations.
20.24 Operations involving stockyards, slaughterhouses, and slag piles.
20.25 Storage of explosives, [and] bulk or wholesale storage of gasoline above [the] ground.
20.26 Dumps.
20.27 Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to
such uses.
20.28 Junkyards, automobile dismantling plants or storage of used parts of automobiles or other
machines or vehicles or of dismantled or junked automobiles.
20.3 Development options. Land zoned IPM may be developed on a conventional individual lot basis or as
a planned industrial park development made up of multiple individual lots and containing an internal road
system. Lot area, bulk and parking requirements for conventional development in an IPM zone shall be as
set forth in article 4, section 4.16 of this ordinance. Development of land in an IPM zone as a planned
industrial park shall be permitted only when certain eligibility requirements, as set forth in article 3, section
20.4 of this ordinance, and when specific design standards, as set forth in article 3, section 20.5 of this
ordinance, are met.
20.4 Eligibility for planned industrial park development. No area shall be developed as a planned industrial
park unless the following conditions are met:
(a) The development consists of a continuous area of at least 25 acres in single ownership.
(b) The development will be served by public water supply and public sewerage, which shall be in
place at the time construction of the first stage of the industrial park begins.
(c) The frontage of the development shall be on an arterial road and be of sufficient width that safe
and efficient access to the industrial park can be adequately spaced from accesses to adjacent
properties, according to standards set forth by the Delaware Department of Transportation.
Page 103
Página 104
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 7
20.5 Design standards for planned industrial parks. The design standards, including dimensional
requirements and sign regulations, for a planned industrial park shall be the same as required for
conventional individual lot development for land in an IPM zone, as set forth in article 4, section 4.16 of this
ordinance, unless specifically excepted in this article or unless waived by the planning commission, where
the commission finds such a waiver to be necessary, desirable and consistent with the purposes of this
article and of the comprehensive plan.
20.51 In a planned industrial park, no structure may be located within 100 feet of the property line
of the development.
20.52 There shall be a landscaped buffer area of no less than ten feet along all property lines.
Where adjacent to residential zones, the buffer shall consist of a landscape screen no less than 6½
feet high. All landscaping shall be properly maintained throughout the life of any use on the lot.
20.53 The average size of all individual lots in a planned industrial park shall be 2½ acres. The
minimum individual lot size shall be 60,000 square feet. The minimum width of a lot shall be 150
feet.
20.54 Structures in a planned industrial park shall be restricted to two stories and 35 feet in height.
The maximum floor area ratio shall be 0.5. The maximum area of an individual lot permitted to be
covered by an enclosed structure is 35 percent. Not more than 65 percent of the total area of an
individual lot may be covered by impervious surfaces.
20.55 Access to state highways and arterial roads shall be controlled by standards set forth by the
department of transportation. There shall be no exceptions or waivers to this requirement. The
internal circulation system shall be separated from the external public street system, and pedestrian
traffic shall be separated from vehicular traffic by means of appropriate site design and traffic
control devices.
20.56 No less than 35 percent of the site area shall consist of grass and landscaped areas.
Parking areas shall be landscaped.
20.57 Permanent facilities shall be provided by the developer to handle increased stormwater
runoff which will result from increasing the impervious surface area of the site in accordance with
the State of Delaware soils erosion and sedimentation control act (7 Del. C. § 4001 et seq.)
adopted and administered by the City of Dover. Such provision shall include contributions toward
the cost of off-site facilities constructed by the city to the extent that the improvements are
necessitated by the construction of the planned industrial park.
20.6 Site development plan approval. Site development plan approval, in accordance with article 10,
section 2 hereof, shall be required for either conventional individual lot development or planned industrial
park development of land zoned IPM prior to the issuance of building permits for the erection or
enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. In
the case of planned industrial parks, this requirement will apply to each individual lot within the
development, in addition to the requirement to obtain site development plan approval for the development
as a whole. The application for site development plan approval for a planned industrial park shall include, in
addition to the usual requirements:
(a) Substantiation of the need for the planned industrial park, based on the developer's market
analysis and expression of tenant's or buyer's interest.
(b) Nature of the applicant's interest in the development.
(c) The approximate use, height and floor area of all buildings and other structures.
(d) Preliminary traffic study and proposed methods for alleviating adverse impact on adjacent
roads.
(e) Approximate size and capacity of all proposed parking areas.
(f) Proposed stormwater management plan.
(g) Plans of existing natural features showing topography, soils, drainage and vegetation.
(h) Site plans showing approximate locations of buildings, roads, parking, landscaping and utility
and drainage easements.
Page 104
Página 105
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 8
(i) An outline or a draft text of any proposed protective covenants governing architectural controls,
landscaping, lighting, etc., that the developer intends to impose on tenants or property owners
within the planned industrial park.
20.7 Performance standards. All uses are subject to performance standards as set forth in article 5, section
8.1.
(Ord. of 3-24-1986; Ord. of 1-14-1991; Ord. of 6-10-1991; Ord. of 7-12-1993, §§ 2, 9; Ord. of 7-10-2000;
Ord. of 2-12-2001; Ord. of 7-23-2001)
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to rezone lands from C-PO (Commercial and Professional Office Zone) to IPM
(Industrial Park Manufacturing Zone). The current CPO zone is a zoning district permitting
offices, banks, and medical laboratories type uses with other commercial uses only allowed
through a conditional use review process when the use is accessory to a permitted use on the same
lot. The C-PO zone also does allow for conditional use review to create residential uses in the form
of apartments, multi-family residences, and one-family residences. While office use is permitted in
the CPO, the opportunity for storage activities is limited to interior storage fully within a building
only.
The proposed Rezoning is to the IPM zone which is a zoning district offering uses related to
manufacturing and industrial processing, laboratories, storage and warehousing, offices, public
utility uses, and other uses (see Zoning Ordinance, Article 3 Section 20). The IPM zone also
includes conditional uses (uses subject to specific review for approval) for associated retail
activities and mini-storage facilities. There are a series of uses that are prohibited including
residences and certain manufacturing uses among other uses. Given the size of the subject parcel,
its development would be limited in the IPM zone to a conventional individual lot as it does not
meet the eligibility criteria for a planned industrial park development (development of multiple
individual lots with internal road system). The subject parcel meets the lot area and width/depth
requirements of the IPM zone for a conventional lot. The bulk standards (setbacks, height, lot
coverage) of the IPM zone require greater setbacks from property lines for buildings (than the
CPO zone) and restrict building height to a distance from the nearest property line. The maximum
lot coverage of 75% is the same in IPM as CPO. The sufficiency of the existing site entrance from
South Little Creek Road (State maintained road) and any off-site transportation related
improvements would be evaluated by DelDOT at the time of new development/expansion.
Staff recommends that the rezoning request from C-PO to IPM (Industrial Park Manufacturing
Zone) be granted as requested related to the proposed zoning district and its development
requirements/limitations noted above and the other findings of this Report. The adjoining properties
are commercial and industrial related zones and contain existing uses that would be compatible
with the continued/expanded use of the subject property as offices and storage activities of an
operational facility. The nearby residential areas are across the road and are buffered by the
landscaping and multiple trees surrounding the front office building. It is noted that the
Comprehensive Plan’s goals for the Office Land Use Classification focus on the opportunities for
expansions to meet future needs of establishments of a variety of sizes. This property has land area
available to expand onsite keeping a local/regional business within Dover. There is existing
infrastructure for water, sanitary sewer, and electric services that serves the property (and could be
expanded if necessary); and the police, fire, and emergency medical services service the area.
Page 105
Página 106
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 9
This Rezoning Request does not grant approval of a specific use for the property but makes its
land use subject to a listing of uses permitted and potential conditional uses as allowed in the IPM
zoning district. Staff again notes that any potential development for the site would have to be in
line with the zoning classification and would similarly have to follow all development design
guidelines of the Zoning Ordinance. Were the application for Rezoning to be recommended by the
Planning Commission and subsequently approved by the City Council, the applicant would still
have to submit plans and/or permits for review for most uses of the site to be established.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration in making a recommendation to City
Council on this Application.
V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This Rezoning Application is a request for a zoning map amendment which changes the zoning
district of a property. The Planning Commission as part of their public hearing and review process
will provide a recommendation on the Rezoning request to City Council. As part of the process
outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the
following factors when considering the request:
Article 10 § 5.36 Report of the planning commission. Regarding each application for a
zoning map amendment, the planning commission shall provide a report to the city council
stating a recommended action with regards to the proposed amendment, along with the
commission's evaluation of the following factors:
(A) Whether the uses permitted by the proposed change would be compatible with the
existing uses and zones in the area concerned;
(B) Whether adequate public services and infrastructure exist or can be created or expanded
to serve the needs of any additional demand as a result of such change; and
(C) Whether the proposed change is in accordance with the city's current comprehensive
plan.
A Recommendation Report from the Planning Commission will be forwarded to the City Council
for their consideration of the Rezoning Application Z-24-04. This document and its attachments
make up the Recommendation Report.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of April 15, 2024, the
Rezoning Application Z-24-04 was represented by Jonathan Street of the engineering firm the
Becker Morgan Group on behalf of the property owner White Marsh Environmental Systems, Inc.
During the Public Hearing, one member of the public spoke, and no written comments were
received.
The Planning Commission’s motion was to recommend approval for Rezoning application
Z-24-04 Lands of White Marsh Environmental Systems, Inc. from C-PO (Commercial and
Professional Office) to IPM (Industrial Park Manufacturing Zone) and resulted in a vote of
9-0 in favor of rezoning. The reasons cited for the recommendation of approval include
compatibility with land uses in the area; to assist and keep businesses (like Tidewater Utilities)
Page 106
Página 107
Item #10.
Z-24-04 Lands of White Marsh Environmental Services Inc. at 1100 and 1110 South Little Creek Road
Planning Commission Recommendation Report of April 15, 2024
Page 10
operating here; consistency with the City’s 2019 Comprehensive Plan; the factors for
consideration (compatibility of uses, availability of public services and infrastructure,
consistency with the Comprehensive Plan) are met; and with reference to the recommendation
of approval from the Planning Staff (in the Development Advisory Committee Report).
See also the included excerpt of the DRAFT Meeting Minutes of the April 15, 2024 Planning
Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
VI. ADVISORY COMMENTS TO THE APPLICANT:
1) The applicant shall be aware that approval of any Rezoning Application does not represent Site
Development Plan or Subdivision Plan approval. Following any decision made by City Council
in regard to this Rezoning, then an application for a Site Plan, Subdivision Plan, and/or
appropriate Building Permits must be submitted to the Planning Department prior to the
establishment of a use, development activity, or any construction activity on the site. The
applicant should contact the Planning Staff to determine the appropriate review process for any
proposed projects.
2) The applicant shall be aware that approval of any Rezoning Application does not represent a
Building Permit, Sign Permit, or other construction activity permit approval. A separate
application submission is required before issuance of permits by the City of Dover.
3) The applicant shall be aware that any future use may be subject to a separate permitting or
licensing process through the City of Dover Licensing and Permitting Division. All businesses
operating in the City of Dover are required to obtain a City of Dover Business Licenses.
Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits.
ATTACHMENTS:
• Zoning Map Exhibit
• Application Z-24-04 Submission: Boundary and Topographic Survey Plan Sheet
• Development Advisory Committee Comments from City of Dover Departments of Public
Works and Water & Wastewater, Electric Department, City Office of the Fire Marshal,
DelDOT, and Dover/Kent County MPO
• Excerpt from DRAFT Planning Commission Meeting Minutes of April 15, 2024
• Proposed Ordinance #2024-10
Page 107
Página 108
City of Dover Application No.: Z-24-04
Item #10.
Department of Planning & Inspections
Coo RM-1
per C
ir
R-8 n
Ro u dt
re
e
Dr
Regent St
MH
Moriarty S t
R-8
Holmes St
narch D
Ingram St
Mo r
Signal St
RG-3
R-8
Barrister Pl
ROS
R-8
S Little Creek Rd
C-1
C-1A
APZ II C-3
R-8
C-3
rl Ct
Ba
Ot
CPO
is
Dr
R-8 C-3
Ct
t er
1
dC wl
M
n Connector
lan Fo
State H
Cr
Punc heon Ru
Is d
g for rta
wy
Lo n
aw R-8 Ro
be
Ct sle
Ha Ave
berton Av e
tSt
K im
RG-2
IPM
re w R-8
Sh
K ear s
ury t
sb ney
ag
e Ct AS M
Ct Ct Pl
um
Title: Lands of White Marsh Environmental Systems, Inc.
Address: 1100 and 1110 South Little Creek Road
Legend
Parcel ID: ED-05-077.12-01-03.00-000
Existing Zoning: CPO (Commercial and Professional Office Zone)
Proposed Zoning: IPM (Industrial Park Manufacturing Zone)
Dover Boundary
Owner: White Marsh Environmental Systems, Inc.
Date: 3/19/2024 Subject Property
Zoning
« Dover Parcels
Page 108
Página 109
24x36 24x36
Item #10.
24x36 24x36
NAD
24x36
83 / DS 24x36
P N
24x36 24x36
24x36
ARCH I T E C TURE 24x36
ENG I NE E R I NG
Delaware
24x36 24x36
309 South Governors Avenue
21 Dover, DE 19904
302.734.7950
21
24x36
The Tower at STAR Campus 24x36
100 Discovery Boulevard, Suite 102
Newark, DE 19713
24x36
302.369.3700 24x36
KO Maryland
RE
AN 312 West Main Street, Suite 300
LANDS N/F WA DEL Salisbury, MD 21801
R AW
24x36 24x36
410.546.9100
VA E VE ARE
CARBAUGH PROPERTY MANAGEMENT, LLC
T.P.: 2-05-07712-01-0400-00001 RY North Carolina
30'
DEED REF.: D 519/193
T
ING ER RO
WI ANS UTE
30'
ZONING - CPO 3333 Jaeckle Drive, Suite 120
24x36
DT 24x36
H R ME 1 (S Wilmington, NC 28403
IGH ME R1
22 X
910.341.7600
22 X T-O OR )
ADA
BENCH MARK 1 F-W IAL www.beckermorgan.com
LI
X
FIRC 21
H
24x36
A
24x36
S 17° 28' 44" E IRON ROD W/ CAP 999.00'
RY TTLE
-G
X Y IG
22
21 ELEV.: 20.15' X
H WA
N: 420918.0482
20 20 X Y
ING
21 E: 633849.9357
C 367
24x36
X 24x36
WID REE
20
.83F.H.
19 19 X
'
W.M 19 19
X
K
.
TH
W.V
.
19 18 18
20 17 X
RIG ROA
24x36
18 17 16 24x36
19 X
18 17 16 RADIUS: 21539.86'
F.H. 17 X
HT-
ARC LENGTH: 529.79'
D(
18 18
19 19 X CHD. BRG: N 10° 55' 32" E
OF FIRE LANE
-WA K-67
19 19 19 20
24x36
22 20 21 X CHD. LENGTH: 529.77' 24x36
22 21 22
22 22 X
23
) B
21
6
20 X
Y
23
F.F ,776 S UILD
23
22 X
SO
24x36
21 24x36
2.8 X
VA
ING
5'
UT . E
L.: .F.
22 15 X
1617
30' H NG 21 21 21 20 17 15
X
2
16
FIRE X
EXISTING BUILDING
EXI
24x36 24x36
18
70' 40' 20
21
STI
X
20 16
22
F.F. EL.: 21.80'
EXI 19 X
9,882 S.F.
. G.M ST .
19 X
SH ING
24x36
S.F 10.7146 ACRES ± 24x36
450 ED
22
LANE 20
X
X
22
F.H.
21 15
X
24x36
.
W.V
15 24x36
22 X
19 16
W.V.
X
21 14 X
F.H.
24x36
22 21 X 24x36
18 17
"E
21 G.M.
1' 1 20 19
G.TE
5 20 14
S 78° 189'154.4
ST
15
S8
24x36 24x36
T.P.: 2-05-077
20
6° 2
LANE FIRE 18
13 74 "' W
20
16-02-0301-0
13
RT. 10. L.L.C 0001
21 20
LANDS N/F DEED REF.:
24x36
20 19 19 17 24x36
20 16 15 14 14
21
.
20 19
D 11586/150
21
21 X X X X X
FIR
1588.33'
X FCM
18 17 N 17° 29' 01" W FCM
17
24x36 22 19 19 24x36
ZONING - M
LANDS N/F PROJECT TITLE
RT. 10. L.L.C. LANDS N/F
T.P.: 2-05-07712-01-0200-00001 RT. 10. L.L.C.
LANDS N/F
24x36
RT. 10. L.L.C.
T.P.: 2-05-07712-01-0200-00001
DEED REF.: D 11586/150
ZONING - C3
T.P.: 2-05-07712-01-0200-00001
DEED REF.: D 11586/150 LANDS OF 24x36
WHITEMARSH
ZONING - C3
DEED REF.: D 11586/150
ZONING - C3
ENVIRONMENTA
24x36 24x36
24x36
SYSTEMS INC. 24x36
24x36
. 24x36
24x36 24x36
1100 S. LITTLE CREEK ROAD
SITE DATA CITY OF DOVER
KENT OCUNTY, DELAWARE
24x36 24x36
1. OWNER OF RECORD: WHITE MARSH ENVIRONMETNAL SYSTEMS INC.
c/o TIDEWATER UTILITIES,INC
1100 S. LITTLE CREEK ROAD SHEET TITLE
24x36 DOVER, DELAWARE 19901 24x36
2. ENGINEER / SURVEYOR: BECKER MORGAN GROUP INC.
309 SOUTH GOVERNORS AVE.
BOUNDARY AND
24x36
DOVER, DELAWARE 19904
302-734-7950
TOPOGRAPHIC 24x36
3. PROPERTY LOCATION: 1100 S. LITTLE CREEK ROAD, DOVER, DELAWARE 19901
LATITUDE N 39° 09' 20.60" - NAD83 (2007)
SURVEY
SURVEY LEGEND
24x36
ITEM EXISTING PROPOSED
C-1-NOTES-LEGEND-SURVEY
4. TAX PARCEL NUMBER:
LONGITUDE W 75° 29' 43.31" - NAD83 (2007)
2-05-07712-01-0300-00001
. 24x36
UNMARKED POINT 5. DEED REFERENCE : D.R. 347/272
24x36 24x36
CONCRETE MONUMENT FCM SCM 6. SITE AREA SUMMARY: 10.7146 ACRES ±
IRON PIPE FIP SIP 7. ZONING CLASSIFICATIONS: C-PO - COMMERCIAL AND PROFESSIONAL OFFICE
IRON PIPE W/ CAP FIPC 8. SETBACKS: C-PO - COMMERCIAL AND PROFESSIONAL OFFICE
24x36 24x36
IRON ROD FIR SIR FRONT YARD: 10 FT
SIDE YARD: 5 FT 0 30 60 120
IRON ROD W/ CAP FIRC SIRC
REAR YARD: 15 FT
DRILL HOLE FDH SDH
24x36
9. BULK REQUIREMENTS: C-PO - COMMERCIAL AND PROFESSIONAL OFFICE 24x36
STONE FSTONE MINIMUM LOT AREA: 5,000 S.F. Do Not Explode - Select Scale
PK NAIL FPK SPK MINIMUM LOT WIDTH:
COVERAGE:
50 FT
75% MAX IMPERVIOUS
SCALE: 1" = 60'
24x36
MINIMUM FRONTAGE: 50 FT 24x36
BUILDING HEIGHT: 45 FT (3-STORIES) ISSUE BLOCK
LEGEND FLOOR AREA RATIO: 2.0
ITEM EXISTING ITEM EXISTING 10. PRESENT USE: OFFICES
24x36 24x36
CONCRETE CURB & GUTTER SANITARY GRAVITY SEWER LINE, EX. 10"S
SIZE & FLOW DIRECTION 11. ROAD CLASSIFICATION: S. LITTLE CREEK ROAD - MAJOR COLLECTOR
CONCRETE SIDEWALK, SLAB / PAVING
SANITARY SEWER FORCE MAIN, SIZE 12. DelDOT TID: PARCEL IS NOT IN A DELDOT TID AREA
EX. 10" F.M.
IMPERVIOUS SURFACED ROAD, DRIVE & FLOW DIRECTION
24x36
OR PARKING LOT 13. INVESTMENT LEVEL: PARCEL IS WITHIN LEVEL 1 INVESTMENT AREA 24x36
SANITARY SEWER MANHOLE (S.M.H.)
INDIVIDUAL TREE OR BUSH 14. SURVEY DATUM: NGS MONUMENTS
EVERGREEN DECIDUOUS SANITARY SEWER CLEANOUT VERTICAL: NAVD 88 - L37
WIRE FENCE X X X
NAD 83 (2007) DSP - DNREC
EX. 10" W
HORIZONTAL:
24x36
CHAINLINK FENCE WATER MAIN & SIZE 24x36
STOCKADE FENCE
15. SURVEY UNIT: LINEAR: US SURVEY FOOT
FIRE HYDRANT F.H.
ANGULAR: DEGREES MINUTES SECONDS (DMS)
COORDINATE: GROUND .
WATER VALVE (W.V.) OR METER (W.M.) . . .
STRUCTURE (CONCRETE, WOOD,
24x36
METAL, ETC.)
W.M. W.V. 24x36
16. MONUMENTATION: 6 FOUND MARK DATE DESCRIPTION
STORM DRAIN MANHOLE (S.D.M.H.)
DRAINAGE DITCH OR SWALE GENERAL NOTES 17. SURVEY CLASSIFICATION: SUBURBAN SURVEY
LAYER STATE: SURVEY
EMBANKMENT SIDESLOPES (DOWN)
STORM DRAIN LINE (CMP OR RCP)
1. THE BOUNDARY & TOPOGRAPHIC DATA SHOWN HEREON WAS COMPILED FROM A FIELD RUN SURVEY
PROJECT NO.: 2023208.00
24x36 24x36
CONTOUR 49 CATCH BASIN PERFORMED BY BECKER MORGAN GROUP, INC., DOVER, DE. IN FEBRUARY 2024. DATE: 3-1-24
43.55 2. THE BOUNDARY LINES PORTRAYED HEREON HAVE BEEN ESTABLISHED BASED SOLELY ON PHYSICAL
ELEVATION SPOT SHOT UTILITY POLE W/ OVERHEAD SERVICE
(TELEPHONE OR ELECTRIC OR BOTH)
EVIDENCE DISCOVERED IN THE FIELD IN CONJUNCTION WITH DETERMINATIONS DERIVED FROM SOURCE OF SCALE: 1" = 60'
BENCH MARK TITLE AND ADJACENT DEED RECORD INFORMATION.
DRAWN BY: M.J.H. PROJ. MGR.: M.J.H.
24x36 24x36
UNDERGROUND ELECTRIC U.E. 3. PROPERTY SHOWN HEREON IS SUBJECT TO ANY RIGHT-OF-WAY, EASEMENTS, RESTRICTIONS, ETC. AS
PROPERTY OR RIGHT-OF-WAY LINE
UNDERGROUND TELEPHONE U.T. MAY BE SHOWN OR NOTED IN ANY RECORD, PUBLIC OR OTHERWISE, OR ANY REQUIREMENT OR SHEET
CENTERLINE REGULATION OF ANY PUBLIC AGENCY.
1
24x36
UNDERGROUND GAS MAIN EX. 2" G 24x36
LIGHT POLE 4. PARCEL IS LOCATED WITHIN ZONE "X", AREA OF MINIMAL FLOOD HAZARD, BASED ON FIRM MAP 10006C0186J
PAVEMENT TO BE REMOVED N/A & MAP 10006C0188J, EFFECTIVE DATE JULY 7, 2014.
COPYRIGHT 2024
Page 109
F:\AutoCAD\Projects\2023\2023208\DWG\2023208-SVY-C3D21.dwg, Mar 01, 2024 - 11:21am
.PDF
24x36 24x36
2024-03-01
Página 110
Item #10.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MARCH 27, 2024
APPLICATION: Lands of White Marsh Environmental Systems, Inc. @ 1100
& 1110 S. Little Creek Road
FILE #: Z-24-04
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT EMAIL #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed rezoning of tax parcel ED-05-077.12-01-03.00-000. Any redevelopment shall
adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works
Construction. Impact fees may be applied to this property. Future development shall comply with all aspects of the City of
Dover’s Cross Connection Control Program.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 110
Página 111
Item #10.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MAR 27, 2024
APPLICATION: Lands of White Marsh Environmental Systems, Inc at 1100
and 1110 S. Little Creek Road
FILE #: Z-24-04
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-077.12-01-03.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be
responsible for all costs associated with providing the appropriate meter / service to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook.
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 111
Página 112
C F
I I #10.
Z-24-04
Item
T R
Y E
CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
R
APPLICATION REVIEW COMMENTARY
D S
D.A.C. MEETING DATE: 03/27/24 O H
V A
E L
R
APPLICATION: Lands of White Marsh Environmental Systems Inc at 1100 and 1110 S Little Creek Rd
FILE #: Z-24-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
josika@dover.de.us
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is a rezoning application. This office has no objections.
2. Gated Areas: Fire Department access shall be provided to the property through the use of a
system or device approved by the Fire Marshal. The system or device required shall be located in
an area accessible to the fire department and approved by the Fire Marshal. All gates shall be
either automatic or manual.
An automated system shall consist of one manual and one automated means to open the gate.
The owner or their representative shall meet with the Fire Marshal prior to submission to agree
on the system. A letter of agreement shall be created and signed by both parties. The letter shall
include a detailed description of both the manual and automated means.
A manual gate shall consist of one manual means to open the gate. The owner or their
representative shall meet with the Fire Marshal prior to submission to agree on the means to
open. A letter of agreement shall be created and signed by both parties. The letter shall include a
detailed description of the manual means to open.
To be considered accessible for fire department apparatus the actual clear openings shall be not
less than 14 feet, the paved surface through the gate shall be not less than 12 feet, and the gate
shall be setback from the perpendicular street by at least 50 feet.
Please contact this office to discuss options available to comply with this requirement.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.6)
Page 112
Página 113
Item #10.
3. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators,
and valves located inside structures shall have impact protection, except when located in
separate protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in
concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48
inches (four ft.) in height above the finish grade elevation. Any deviation of the stated
requirements must be approved by the fire marshal and/or chief building inspector. The above
dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief
building inspector shall have the authority to require more stringent dimensions to fit the needs
of devices warranting impact protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors
shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must
be approved by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
4. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley,
shall have displayed on that wall, in legible, easily read characters which are of contrasting color
to the background, the proper street number for such house, building, or structure in accordance
with the following:
One-family and two-family residential structures, height, the number shall measure a minimum of four
inches in height, location, the number shall be placed on the house above or to the left or right of
the front entrance, color, the number shall be contrasting to the background color, Arabic numerals,
all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings
with apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location,
numbers shall be placed either in the center of the building or on the street end of the building so
as to be visible from either the public or private street or from the parking lot, color, numbers shall
be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic
numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the
street end of the building so as to be visible from either the public or private street or from the
parking lot,
property line or driveway, should the building be located far enough from a public or private road so
that the numbers are not clearly visible from the street, then the street address shall also be
posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on
each building in the complex,
Page 113
Página 114
Item #10.
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite
number affixed to the front of the tenant space and on the outside of the rear door which
corresponds with that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
5. A lock box (Knox) containing any and all means necessary for fire department access shall be
provided at the following occupancies: any occupancy that contains a fire alarm signaling system
that is monitored off-site, or any occupancy that contains an automatic sprinkler system.
(2021 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for
any new or existing building where a fire alarm or sprinkler system is being
installed. It shall be the responsibility of the owner or occupant to keep a set of keys
in the secured key box that are current to the locks of the protected occupancy.
Buildings with 24-hour staffing or guard service shall be exempt from this
subsection.
Location. The secured key system shall be located as close to the main entrance as
possible. Should the building design not allow the secured key system to be located
by the main entrance, the fire marshal and fire chief shall come to an agreement as to
an alternate location for the key box. A secured key system, once installed, shall not
be obstructed from view or obstructed by any means that would delay the fire
department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of
ingress or egress, whether on the interior or exterior of the building, and keys to
locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler
controls and any area protected by automatic fire detection. Keys to individual
residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order
the key box for new buildings. It shall be the responsibility of the owner or tenant to
order the key box for existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be
conducted before the installation of a key box.
(City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level
6. Project to be completed per approved Site Plan.
Page 114
Página 115
Item #10.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. N/A
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 115
Página 116
Item #10.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of White Marsh Environmental Services in City of Dover: 1100
and 1110 S. Little Creek Road
FILE#: Z-24-04 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Will T Mobley III PHONE#: 302-760-2409
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No objection to Rezoning.
2. Prior to site development, the user will request a pre submittal meeting with the DelDOT.
Items to discuss when site is developed:
a. Proposed increase in trips may spur frontage/entrance alterations.
Page 116
Página 117
Item #10.
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 4/3/2024 Organization
APPLICATION: Z-24-04 Lands of White Marsh Environmental Systems, Inc. at 1100 and 1110
S. Little Creek Road
FILE # Z-24-04 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030
Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or
eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The
MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be
waived.
City of Dover Planning Commission
Zoning Review
Z-24-04 Lands of White Marsh Environmental Systems, Inc. at 1100 and 1110 S. Little
Creek Road
1) The MPO does not have any objections to the proposed rezoning. A sidewalk is already present
throughout the developed portion of the property. If further development takes place in the future,
the sidewalk should be extended southward so that the pedestrian accessibility of the area will be
contiguous.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
Page 117
Página 118
Item #10.
CITY OF DOVER PLANNING COMMISSION
April 15, 2024 Excerpt from Meeting Minutes – Draft
The Meeting of the City of Dover Planning Commission was held on Monday, April 15, 2024 at
7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx.
The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were
Mr. Cooper, Mr. Roach (virtual), Mr. Witham, Mrs. Denney, Mr. Baldwin, Dr. Jones, Mr. Reaves,
Mrs. Welsh (virtual), and Mrs. Maucher.
Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, Mr. Jason
Lyon (virtual), and Mrs. Kristen Mullaney.
NEW APPLICATIONS
Z-24-04 Lands of White Marsh Environmental Systems at 1100 & 1110 S. Little Creek Road -
Public Hearing and Review for Recommendation to City Council on a rezoning application for a
parcel of land consisting of 10.7146 acres +/-. The property is zoned CPO (Commercial and
Professional Office Zone). The proposed zoning for the property is IPM (Industrial Park
Manufacturing Zone). The property is located on the south side of South Little Creek Road and
west of State Route 1. The owner of record is White Marsh Environmental Systems Inc. c/o
Tidewater Utilities. Property Addresses: 1100 and 1110 S. Little Creek Road. Tax Parcel: ED-05-
077.12-01-03.00-000. Council District 2. Ordinance #2024-10.
Representative: Mr. Jonathan Street, Becker Morgan Group
Mrs. Maucher stated that for disclosure, she is employed by the Delaware Division of the Public
Advocate and in that role they represent the rate payers of public utilities regulated by the Public
Service Commission. Her office does have interactions with White Marsh or Tidewater, but she
does not believe that would preclude her from voting on a Rezoning application.
Mrs. Melson-Williams stated that this is the Lands of White Marsh Environmental Systems. The
property is located at 1100 & 1110 S. Little Creek Road. The image on the screen is the view of
their front entrance and then the property is sizeable; it’s 10.7146 acres. It extends to the south.
While the property has a property line that is shared with State Route 1, no access is granted to
that roadway. Access to the property as it exists today is S. Little Creek Road. The property
currently has a couple of existing buildings hence the building addresses that are addressed
individually, but they are only dealing with one tract of land. Currently, the zoning is CPO
(Commercial and Professional Office Zone). The two main buildings there are office uses. They
are seeking to rezone to IPM (Industrial Park Manufacturing Zone). For this property, the
Comprehensive Plan has a Land Use Category of Office and Office Parks. You can see that both
the CPO (Commercial and Professional Office Zone) which is its current zoning and the proposed
zoning request for IPM (Industrial Park Manufacturing Zone) comply with that Land Use
Category. The Development Advisory Committee Report includes some more detailed
information about the Comprehensive Plan and how that is looked at. Specifically, their request is
to go to the IPM (Industrial Park Manufacturing Zone) and the uses are a little more leaning
towards the manufacturing world if you will. It does still involve the office type use. Perhaps the
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 1 of 4
Page 118
Página 119
Item #10.
biggest difference is when it comes to the ability for storage. The current owner/tenant is looking
to expand their operations and with that, they would like to be able to store their materials and
equipment on-site. The CPO (Commercial and Professional Office Zone) would require that all
storage occur within enclosed buildings. The IPM (Industrial Park Manufacturing Zone) does give
the flexibility where they could have something more along the lines of a work yard area or space
for outdoor storage. That is some of the reasoning behind their request to rezone. The Planning
Staff has looked at this and does note while both zones allow for the office type use that the IPM
(Industrial Park Manufacturing Zone) is probably more appropriate given the targeted future for
this property by the applicant. They do note that it would be limited to development in the
conventional individual lot provisions of the IPM (Industrial Park Manufacturing Zone). It does
not meet the IPM (Industrial Park Manufacturing Zone) requirement for a planned industrial park
which would be a development of multiple individual lots with some type of internal road system.
It doesn’t meet the bulk standards for that. Otherwise, actually the bulk standards related to things
like setbacks and height, in the IPM (Industrial Park Manufacturing Zone) are actually greater so
they are more restrictive. In that case, for a lot coverage percentage they are the same but that
would be all for any kind of future development and that is not what we are here tonight about.
We are looking at the Rezoning and whether the use is allowed in the IPM (Industrial Park
Manufacturing Zone) and if it would be appropriate in this given area. Staff has found that it does
meet the Comprehensive Plan goals when you look at the Office Land Use Classification focus.
There is existing infrastructure in the area related to water, sewer and electric. Our other services
related to police, fire and EMS currently serve this location because certainly it’s within the City.
The Planning Commission is charged this evening in looking at three main factors when you
consider a Rezoning. Those are related to whether the use is permitted by the proposed change
would be compatible with the existing uses in the area. The property is adjacent to another property
that is also zoned CPO (Commercial and Professional Office Zone) on the east. To the west is
what was developed under the Tudor Industrial Park. It’s a series of multi-tenant buildings with a
variety of uses from storage to otherwise more industrial nature. She has already noted about the
public services and infrastructure and whether they exist or can be created or expanded. That would
be the case if they were looking for any type of expansion on this property with a future
development. DelDOT would be evaluating their entrance and whether there needed to be any
offsite transportation improvements but that would come along with any kind of development
proposal. The third factor that the Planning Commission is charged to look at is whether it’s in
compliance with the Comprehensive Plan. The Development Advisory Committee Report was
presented to the Planning Commission. Tonight, they are making a recommendation on a Rezoning
as recommendations go forward to City Council for their own public hearing and final action.
Mr. Street stated that he has stood up here many times before when he gets asked to do a Site Plan.
With this one at least they know that they want to do. It’s two things and that is outdoor storage of
some of their key infrastructure components and with the possibility of indoor storage as well.
IPM (Industrial Park Manufacturing Zone) is the only zone that allows for that; otherwise they
would just stick with their current zoning and just go through and permit the building and permit
the yard area. They are looking to do something similar to what Eastern Shore (Natural Gas) and
Chesapeake Utilities’ plan looked like a few years ago when they moved their headquarters to just
south of the old Blue Hen Mall. They have their building which is their headquarters and office
space, they have a place for their trucks as a covered canopy, and then they’ve got a warehouse
and a gravel yard that stores their pipe and some of their valves. That is zoned IPM (Industrial
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 2 of 4
Page 119
Página 120
Item #10.
Park Manufacturing Zone) and that allows for that. CPO (Commercial and Professional Office
Zone) doesn’t allow for this and that is really what Tidewater wants to do. To echo Staff’s
comments, it’s in keeping with the Comprehensive Plan. The neighboring Tudor Industrial Park
is zoned C-3 (Service Commercial Zone) but frankly it operates as an industrial park. The neighbor
on the east side is CPO (Commercial and Professional Office Zone) as well. They are not really
wanting to change the use of what they are doing; they just want to look for some outdoor storage.
Tidewater is a critical infrastructure provider and frankly what they are looking to do is beef up
their storage of components. If we get hit with some kind of shortage of supply chains and
everything else we’ve been hearing for the last five years that they want to be able to do supply
key infrastructure as needed. As he said, it’s in compliance with the Comprehensive Plan, public
services are available, and it is permitted use with the zone.
Mrs. Maucher asked where they currently store material and is there anticipation of increased truck
traffic. Responding to Mrs. Maucher, Mr. Street stated that there is no change from what they
currently do. They have a small storage place over on the north side of the Chick-fil-A in Camden.
There is actually a tank over there. But it’s really not secured and they are looking to keep this
more secure. No real increased traffic, just trying to beef up their supply of what they need.
Mrs. Maucher opened the public hearing.
Mr. Zack Prebula – Kent Economic Partnership at 555 Bay Rd Dover, DE 19901
Mr. Prebula stated that they are in support of this project for many reasons. One, this will allow
the company to continue to grow here in Kent County by allowing them to add additional
warehousing and storage to beef up their inventory and better serve their customers allowing them
to grow here in Kent County. Another reason is that industrial zoning is very limited in the Kent
County area. So by adding this to our inventory, we can add to our industrial inventory in the
County and be able to attract businesses and support the local businesses in those zonings. They
ask the Planning Commission to please support this project.
Mrs. Maucher closed the public hearing.
Mrs. Denney moved to recommend approval to City Council for Z-24-04 Lands of White Marsh
Environmental Systems at 1100 & 1110 S. Little Creek Road as she thinks this is an excellent use
for what exists there. She thinks that it is very important for us to assist and keep businesses such
as Tidewater here operating. If at some point they can’t expand and store their goods, then we
always have the potential to lose those businesses. If we are going to have that zoning, she feels
like it is the perfect place. She feels like it’s extremely compatible with the other things that are
going on out there. Sometimes when it comes to things that are industrial you are feeling lesser
evils, but it meets all of the requirements. She doesn’t feel that way. She thinks this is an good and
appropriate and a compatible use for this property, seconded by Mr. Witham and the motion was
carried 9-0 by roll call vote. Mrs. Denney voting yes; in keeping with her comments when she
made the motion. She does think that it’s an excellent use. She thinks that it’s very much compatible
with what else is going on there and the area seems to fall together appropriately for this project.
Mr. Witham voting yes; he supports the Rezoning based upon the comments of Mrs. Denney and
because of Staff recommendations as well. It seems to him that all factors which they are to
consider under Article 10 Section 5.36 have been met. Mr. Baldwin voting yes; for reasons stated.
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 3 of 4
Page 120
Página 121
Item #10.
Dr. Jones voting yes; based upon Staff recommendations and comments that have already been
stated. Mr. Reaves voting yes; for reasons stated and Staff recommendations. Mrs. Welsh voting
yes; for reasons stated by Mrs. Denney. Mr. Cooper voting yes; for reasons previously stated. Mr.
Roach voting yes; for reasons previously stated. Mrs. Maucher voting yes; for reasons previously
stated.
Excerpt of Planning Commission Meeting Minutes of April 15, 2024 Page 4 of 4
Page 121
Página 122
Item #10.
FINAL READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-10
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT
3 1100 AND 1110 S. LITTLE CREEK ROAD
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
5 limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
7 described below from CPO (Commercial and Professional Office Zone) to IPM (Industrial Park
Manufacturing Zone).
8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
9 DOVER, IN COUNCIL, MET:
10 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
11 Ordinance of the City of Dover have been amended by changing the zoning designation from CPO
(Commercial and Professional Office Zone) to IPM (Industrial Park Manufacturing Zone) on that
property located at 1100 and 1110 S. Little Creek Road (South side of South Little Creek Road and
west of State Route 1) consisting of 10.7146 acres +/- owned by White Marsh Environmental
Systems.
12
13 (Tax Parcel: ED-05-077.12-01-03.00-000; Planning Reference: Z-24-04; Second Council District)
14 ADOPTED: *
15 Actions History
16 05/13/2024 – Scheduled for Public Hearing/Final Reading – City Council
17 04/15/2024 – Public Hearing – Planning Commission
18 03/25/2024 – Scheduled for First Reading – City Council
Page 122
Página 123
Item #11.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on April 22, 2024, at 6:42 p.m. with Council
President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty,
Dr. Pillsbury, Ms. Arndt, Mr. Sudler, and Mr. Lewis. Mr. Neil and Mr. Rocha were absent.
Staff members present were Police Chief Johnson, Ms. Marney, Ms. Duca, Ms. Melson-
Williams, Mr. Rodriguez, Chief Carey, and Ms. Rivera. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:18 p.m., prior to 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.
Mr. Dennis Minus, 118 West Division Street, stated that the last time he was before council, he
talked about everyone being creative as a community and thinking outside the box. Mr. Minus
mentioned that three (3) words come to mind, creativity, intervention, and prevention; as a
family, they would do a great service. He wants to intervene with the community that is suffering
the most, and have Council be active as a team.
Mr. Mike Soja, 447 Barrister Place, expressed his concerns about the shootings in Dover.
Mr. Soja asked why legal gun owners are constantly being punished and held to a higher
standard than criminals with guns. At what point are they able to defend themselves against
senseless violence without facing consequences and litigation? City Council sets the standard for
what they can and cannot do as civilians without legal terms behind it. Mr. Soja explained that
things must be put in place so that they can do better. There is no community policing anymore,
and the homelessness downtown is outrageous. He further explained that this is not a place
where the average person wants to go because they do not feel safe. Mr. Soja stated that they
need Council to get out there to see firsthand what is happening.
Mr. Marty Mattocks, 86 Representative Lane, stated that he wanted to address five (5) items:
traffic and safety concerns, quality of life, foot traffic, children’s safety, and parking.
Mr. Mattocks explained that many people enjoy walking in their neighborhood with their dogs,
taking pictures of the wildlife, sunsets, and sunrises. He further explained that they enjoy a great
quality of life and that the proposed development would impact the residents negatively with the
extra traffic, parking congestion, and safety concerns. Mr. Mattocks stated that the proposed
development could have a potential negative impact on the police, fire and rescue, and
emergency medical services. He wants everyone to be part of a better solution for 1079 Silver
Lake Boulevard.
Ms. Kathleen Maslar, 937 Silver Lake Boulevard, explained that the new construction that was
proposed is to have 90 residences on the five-acre lot, which would be an increase in density of
over 100%. There is no access or corridors beyond the road. The road goes over a bridge into the
neighborhood, which ends in a cul-de-sac. Ms. Maslar knows that there is pressure being brought
in from the outside. She also stated that during the meeting when they went over the building
proposal, they had implied that the building commission stated that they did not have to show
their plans. She believed it would discourage them from showing the plan to the residents. Ms.
Maslar stated that the map used did not accurately represent the neighborhood. She feels that
there might be something afoot that is not part of the revitalization of Downtown Dover.
Page 123
Página 124
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 2
INVOCATION
The invocation was given by Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Anderson.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously
carried. (Neil, Rocha absent)
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 requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Lewis moved for adoption of the consent agenda, seconded by Mr. Sudler, and carried
by a unanimous roll call vote. (Neil, Rocha absent)
PROCLAMATION-DRINKING WATER WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, water is our most valuable natural resource. Drinking water serves a vital role in
daily life, serving an essential purpose to health, hydration, and hygiene needs for the quality of
life our citizens enjoy. Tap water delivers public health protection, fire protection, support for
our economy and the quality of life we enjoy; and
WHEREAS, the hard work performed by the Department of Water & Wastewater is evident in
various roles, from designing capital projects to operators ensuring the safety and quality of
drinking water. These efforts are crucial for communities to receive high-quality water from its
source to consumers’ tap; and
WHEREAS, the coronavirus pandemic has shone a light on the importance of drinking water for
health, hydration, and hygiene needs. We are all stewards of the water infrastructure that is
essential for the well-being of current and future generations.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim May 5-11, 2024, as Drinking Water Week in the
City of Dover and encourage all residents to help protect our source waters from pollution,
practice water conservation and get involved with their water by familiarizing themselves with it.
PROCLAMATION – MILITARY SPOUSE APPRECIATION DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, former President Ronald Reagan established Military Spouse Appreciation Day in
1984. U.S. Secretary of Defense Casper Weinberger standardized the date by declaring the
Friday preceding Mother’s Day as Military Spouse Day to acknowledge the significant
Page 124
Página 125
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 3
contributions, support, and sacrifices made by spouses of the Armed Forces; and
WHEREAS, serving alongside our Soldiers, Sailors, Airmen, and Coast Guardsmen, our
Nation’s military families selflessly give of themselves and sacrifice their time with loved ones
to ensure our safety and freedom. Enduring separation, relocation, heartache, and anticipation,
military spouses demonstrate a strength reflective of the spirit of our Nation; and
WHEREAS, the spouses of our men and women in uniform shoulder the responsibility of
maintaining their families, caring for children, and providing comfort and support while their
loved ones are away. Military spouses demonstrate immense courage and unwavering faith.
Through their spirit of resilience, we witness the best of America. Let us celebrate these selfless
individuals by supporting them and reaffirming our everlasting commitment to stand beside them
and their families.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim May 10, 2024, as Military Spouse Appreciation
Day in the City of Dover and encourage all citizens to be aware of the challenges faced by
military spouses and show support by offering their friendship, empathy, and understanding,
realizing that they are making daily sacrifices for their country.
PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2023-12 – LANDS
OF DRAPER FARM PROPERTIES, LLC AT 1617 FORREST AVENUE
Ms. Arndt moved that the Final Reading of Proposed Ordinance #2023-12 be
acknowledged by title only, seconded by Mr. Anderson, and unanimously carried. (The
First Reading of the proposed ordinance was accomplished during the Council Meeting of
December 11, 2023.) (Neil, Rocha absent)
Ms. Dawn Melson-Williams, Principal Planner, reviewed Proposed Ordinance No. 2024-12 -
Lands of Draper Farm Properties, LLC, located at 1617 Forrest Avenue. The property is zoned
R-10 (One-Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The
property is located on the north side of Forrest Avenue adjacent to Cranberry Run Drive.
Responding to Mr. Sudler, Mr. Boggerty stated that there were a few concerns, mainly with the
increase in traffic with Dover High and the unknown of what would go there. He mentioned that
they heard what is allowed in that space, but at one time, there was supposed to be a gas station
where trucks could idle, and their concerns were noise and pollution. Mr. Boggerty stated that
the new apartments that are to be built would bring in a level of increased traffic. Mr. Boggerty
stated that they do not make zoning decisions based on what is thought to be developed on the
property.
Responding to Mr. Sudler, Ms. Melson-Williams stated that the Planning Commission conducted
a public hearing, where several people spoke at that meeting, and the meeting minutes are
included in the recommendation report. Ms. Melson-Williams noted that the vote was six (6) to
two (2) in favor of denial. The concerns mentioned include the compatibility of the commercial
development in a residential neighborhood, potential traffic, safety issues, nearby schools, and
the appropriateness of the proposed zoning changes. This would be in addition to the residents'
testimonies that have been received. Ms. Melson-Williams stated that the two (2) Planning
Page 125
Página 126
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 4
Commission members who voted against the motion for denial cited their reasonings that the
proposed zoning was compliant with the desires of the Comprehensive Plan. This would be
compliance for a mix of uses and the safety concerns and traffic would be addressed during the
site plan development process.
Responding to Mr. Hare, Ms. Melson-Williams stated that the property is currently zoned as R-
10, which is a one (1) family residence zone. The main use for this zoning is for a single-family
detached home with a minimum 10,000-square-foot lot size. She explained that zoning can be
considered for a series of conditional uses, such as a place of worship, schools, and other
institutional type of uses, but that they would involve a specialized review process with the
Planning Commission.
Council President Hare declared the public hearing opened at 7:10 p.m. and asked if anyone
would like to speak in favor of the proposed amendments to state their name and address for the
record.
Mr. John Paradee, Attorney for Baird, Mandalas, Brockstedt & Federico, LLC, 6 South State
Street, and Jonathan Street, Engineer for Becker Morgan Group, reviewed a PowerPoint
presentation entitled Draper Farm Properties, LLC Rezoning Application #Z-23-02 (Exhibit #1).
Mr. Paradee provided a binder containing exhibits to the City Clerk’s Office to be included in the
record. (Exhibit #2).
Responding to Mr. Sudler, Mr. Paradee stated that constituents do not want any commercial use
immediately adjacent to the Cranberry Run subdivision, and their main reasons were traffic and
congestion. He mentioned that there were questions about how to gain access to the property
from Route 8, and whether or not the traffic would run through the neighborhood. Several of the
constituents expressed concerns about already having difficulty getting out on Route 8 during
rush hour in the mornings and evenings. Mr. Paradee stated that there was a significant amount
of traffic on Route 8 and that they all felt this would exacerbate the problem.
Responding to Mr. Sudler, Mr. Paradee stated that he did visit the location on several occasions
and took over 100 photographs of the corridor. Mr. Paradee explained that he used that
opportunity to put himself in the shoes of the residents and drove through Cranberry Run on
different occasions at different times of the day. He mentioned that there is a substantial amount
of traffic that flows into the city from the west in the morning and then reverses direction in the
evening, with significant congestion during rush hour.
Responding to Mr. Sudler, Ms. Melson-Williams stated that at the Planning Commission
meeting, there was a presentation given by their design professional representative which is
included in the meeting packet. She explained that it focused on the activities of the corridor, the
location, and similar references that comply with the Comprehensive Plan.
Responding to Mr. Paradee, Ms. Arndt took issue with his statement that if it is consistent with
the Comprehensive Plan, then the rezoning should be approved. This is not the case because
other criteria needs to be met, such as whether there will be public services available and
compatibility with surrounding land uses. Ms. Arndt also took issue with the reference to the
pending lawsuit and the indication that if they approved this, then the lawsuit would go away.
Page 126
Página 127
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 5
This did not sit well with her. Ms. Arndt stated that they are there for the process and to listen to
the residents and hear what they have to say.
Responding to Ms. Arndt, Mr. Paradee mentioned that if they look at the Code, the provisions
stated that there are three (3) criteria, the infrastructure, compatibility, and the Comprehensive
Plan consistency. These are the standards under review by the Planning Commission.
Mr. Paradee stated that if they look at the section that he cited, it deals with the consideration by
the City Council. He believed that the application was compatible with the surrounding uses.
Mr. Paradee explained that Article 10, section 5.6 of the city code, deals with the consistency of
the Comprehensive Plan. It does not talk about compatibility or infrastructure.
Mr. Scott Halls, 104 Tucket Circle in Cranberry Run stated that his concerns are that his children
have a bus stop at or within 100 feet of the entrance to the subdivision. He mentioned that traffic
is already bad, but adding additional traffic would be more of a significant risk. His second
concern is the entrance into their subdivision along Route 8. Every single subdivision coming
from Redner’s has a right turn lane into their subdivision, but they do not. Mr. Hall asked if the
property is already zoned for mixed property, what is stopping them from developing the limited
commercial use as is. He questioned what the motives are behind the rezoning proposal,
suggesting that there may be undisclosed intentions for a larger development or some other
purpose beyond what is currently being presented. Mr. Hall is concerned about the lack of
additional outlets to and from the subdivision and the potential need to destroy property to make
the additional outlets. The additional traffic and congestion does not sit well with him, especially
since two (2) of his kids have bus stops in the general vicinity.
Mr. John Davis, 4 Stoney Drive in Heatherfield, stated that the zoning request was not
compatible with the immediate area and the parcel is in the middle of three (3) neighborhoods,
all of which are single-family homes. Throughout the last three (3) years that he has been
involved with this, the residents of these three (3) neighborhoods are constantly confronted with
the assertion that the Comprehensive Plan would allow zoning changes to be done and that it has
the force of law. Mr. Davis explained that when he read through the 2019 Comprehensive Plan,
it was evident that what is missing in the amendments is input from the stakeholders. Mr. Davis
stated that unlike zoning requests which require individual notice to property owners, the
Comprehensive Plan Amendment approval has no knowledge passed onto individual property
owners. He mentioned that they were confronted with a situation where they did not know that
the Comprehensive Plan was being amended, but when it was protested in a zoning meeting,
they were told that the plan had the force of law and that they had to follow it. Residents have
been subjected to a process where they were not informed regarding an amendment to the
Comprehensive Plan, but received notice when a zoning request has been made.
Mr. Robert Hice, 124 Chelsea Way in Cranberry Run stated that for them nothing happens, and
that they just want the farmland, that is their preference. If they had the money, they would buy
it, but they cannot do that. If it must be developed, zone it for single-family homes. He does not
want commercial property of any kind, and this is because of the traffic, safety, and noise issues.
Mr. Hice mentioned that no one knows what business would be there and his concern would be
empty stores. There are plenty of empty retail spaces between Mifflin Road and down to
Gateway North. Mr. Hice asked how many more times they will have to come back because of
zoning and if they can have a final say on it.
Page 127
Página 128
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 6
Responding to Mr. Sudler, Ms. Melson-Williams stated that rezoning application #Z-21-05 came
through to request to rezone the property to C-2A and that the (current) request before Council is
a different application. The city’s zoning ordinance does have some provisions related to
reconsideration and that is when an application is denied by City Council. The code specifically
says that a substantially similar one shall not be reconsidered sooner than one (1) year from the
date of the prior denial. There is an exception to that if the Planning Commission requests that
Council reconsider an application because of significant changes in that area and that is part of
the zoning ordinance in Article 10, Section 5.61.
Mr. Richard Heisler, 1598 Forrest Avenue, stated that the owners of this property have not been
good custodians of taking care of it. He mentioned that it only seems that when a zoning notice
goes up, that is when they will take care of the property. He is very skeptical of the care that the
property will get if the zoning change is made.
Ms. Jackie George, 301 Chelsea Way in Cranberry Run, stated at a previous council meeting that
it was mentioned that the commercial residential zoning worked east of Mifflin Road, why
would it not work west of Mifflin Road? The big difference between East Mifflin Road and West
Mifflin Road is the four-lane highway. She continued to state that there is easy access on and off
commercial properties east of Mifflin Road, but that they are not going to have that west of
Mifflin Road. Ms. George explained that when Mr. Paradee mentioned this at a previous
meeting, that it would be a right turn in and out of the property. They were going to turn right on
Route 8 and then make a right and come down Cranberry Run to be able to turn around to go
back out to make a left onto Route 8. This will create a traffic nightmare for the residents of
Cranberry Run and for the people who travel on Route 8.
Ms. Lynne Sadusky, 16 Stoney Drive, stated that she is concerned for the students at Dover High
School. She mentioned that any commercial property coming in would be a temptation for the
students to cross the road since they are already crossing the road to go to Wawa. She felt that it
was an accident waiting to happen and that it would not be compatible with the neighborhood.
Ms. Sadusky stated that they are a residential neighborhood, they have gas stations, convenience
stores, pharmacies, banks, hardware stores, grocery stores, and restaurants, and they do not need
anything else. This is all within a mile of their residences. Ms. Sadusky believed that this was not
compatible with the neighborhood.
Via Webex, Ms. Rosemarie Eberly, 109 Tuckett Circle in Cranberry Run, stated that the students
who live opposite Dover High School have a habit of crossing the middle of the road. Any
commercial property will become an attractive nuisance encouraging students to cross the road.
She noted that with little regard for traffic, they would be taking an already unsafe situation and
making it worse. The students who have bus stops would be affected by any commercial
property, and the section of Route 8 that has two lanes would be impatient drivers. Ms. Eberly
explained that commercial development would bring litter, crime, light pollution, and lower
property values. She mentioned that just because something can be changed, does not mean it
should change. Ms. Eberly stated that keeping the current zoning is compatible with the
Comprehensive Plan.
Arielle Rivera, Assistant City Clerk, stated that the City Clerk’s office received an email dated
Page 128
Página 129
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 7
April 22nd, 2024, in opposition to the proposed rezoning from Ms. Kimberly Haggard (Exhibit
#3).
Council President Hare declared the public hearing closed at 8:14 p.m.
Mr. Anderson stated that there were good presentations on both sides with a lot of good
information. He believed Councilwoman Arndt made a good point when he looked up Article 10,
Section 5.35 in the code, which says the planning office shall report to the Planning Commission,
and it specifically says “and” City Council; then it lists the factors. Therefore, based on that
“and” that they can consider the same factors as the Planning Commission. He believed that
there is a problem with compatibility with the surrounding land. Mr. Anderson believed that the
Planning Commission was not being capricious and that they considered the factors of the public
facilities and compatibility of land use. Mr. Anderson supports the Planning Commission's
recommendation.
Mr. Sudler expressed dissatisfaction with the current process regarding the order and how
information is being communicated to the stakeholders. He would like to see the stakeholders
have more participation and input. He commended Mr. Paradee for talking with Councilman
Anderson and his recommendations to meet with the stakeholders. Mr. Sudler stated that he
would not be voting in support of the approval.
Mr. Boggerty stated that both arguments were very compelling. He mentioned that he trusts the
Planning Commission to do their job and that they are there for a reason. Mr. Boggerty supports
the Planning Commission’s recommendation.
Ms. Arndt stated that she agreed with the information presented in the report and that it is
consistent with the Comprehensive Plan. She emphasized the importance of ensuring that the
public process is compatible with the adjacent land uses. Ms. Arndt mentioned that change is
hard, and no one wants to see anything change around their neighborhood. She explained that
they need to recognize that a vacant property will not stay vacant for long, and it is at the
owner’s discretion what to do with that property. Ms. Arndt struggles with what is permissible
and that there are uses that could be more compatible with the neighborhood. Ms. Arndt agreed
with the Planning Commission.
Ms. Arndt moved to approve proposed ordinance #2023-12, seconded by Mr. Anderson.
The motion failed by a roll call vote of seven (7) no votes (Anderson, Boggerty, Pillsbury,
Arndt, Sudler, Lewis, and Hare). (Neil, Rocha absent)
FINAL HEARING – PROPOSED ORDINANCE #2024-03 COMPREHENSIVE PLAN
AMENDMENT 2024 – CONSIDERATION OF AMENDMENT TO MAP 12-1: LAND
DEVELOPMENT PLAN MAP
Ms. Arndt moved that the Final Reading of Proposed Ordinance #2024-01 be
acknowledged by title only, seconded by Dr. Pillsbury, and unanimously carried. (The First
Reading of the proposed ordinance was accomplished during the Council Meeting of
January 22, 2024.) (Neil, Rocha absent)
Ms. Dawn Melson-Williams, Principal Planner reviewed Proposed Ordinance No. 2024-03
Page 129
Página 130
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 8
Comprehensive Plan Amendment 2023 – Consideration of Amendment to Map 12-1: Land
Development Plan Map. The request is to revise the Land Use Clarification from Office to
Mixed Use on Map 12-1: Land Development Plan Map.
Responding to Mr. Anderson, Ms. Melson-Williams stated that a portion of the property is
adjacent to Silver Lake and that would come into play should it ever be developed. She
mentioned that the zoning ordinance has very specific provisions related to the consideration of
things like site development plans, subdivisions, and conditional uses that have to be reviewed
by the Silver Lake Commission. The zoning ordinance has buffering requirements for Silver
Lake as a water body of water.
Responding to Mr. Anderson, Ms. Melson-Williams stated that they are dealing with the
Comprehensive Plan Amendment and rezoning is not one of the items that goes before that
commission.
Responding to Mr. Anderson, Mr. Hare stated that if this passes, then there will be a rezoning
hearing, but if this does not pass, then there will not be.
Responding to Mr. Hare, Mr. Anderson believed that they got it right with the Comprehensive
Plan when it comes to infrastructure and the character of the neighborhood. Changing the
Comprehensive Plan is something that he has a question about, but he will hear what the people
have to say.
Responding to Mr. Anderson, Ms. Melson-Williams explained that in the zoning ordinance,
Article 5, Section 11.251, regarding Silver Lake, all site plans, conditional use site plans or
subdivision applications for parcels where any boundary of the parcel is abutting Silver Lake are
required to go before the Silver Lake Commission. Before appearing before the Planning
Commission, the Silver Lake Commission shall provide advisory comments for the Planning
Commission on such applications. In this case, the Comprehensive Plan Amendment, and the
future rezoning application are not types of applications that are required to be reviewed by the
Silver Lake Commission.
Responding to Mr. Sudler, Chief Johnson stated that he did go out and survey the area so that he
would be better familiar with it. He further stated that he did not see any access challenges for
either routine or emergency police services in that area as currently constructed.
Responding to Mr. Sudler, Chief Carey stated that as far as the fire department’s concerned, he
does not see any access problems as of right now, as long as it meets building codes, as the
structures are being built. The biggest concern they have would be the water flow in that area and
if it would be a dead-end main because it is on a cul-de-sac at the end.
Ms. Arndt stated that the Planning Commission has recommended approval and planning staff
recommended approval and it did go through the state review process, and no state agencies
objected to the change.
Mr. Boggerty stated that he had followed up with a realtor to discuss what their thoughts were
and why there were mixed emotions. Mr. Boggerty explained that they said it is destined to be a
Page 130
Página 131
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 9
beautiful area, which is much needed in that area as far as housing and growth, along with other
things that they plan to put out there.
Council President Hare stated that the approval to change the Comprehensive Plan is needed to
have the public hearing for the rezoning request for 1079 Silver Lake Boulevard. If the approval
to change the Comprehensive Plan is denied, then there will be no public hearing for the
rezoning request.
Ms. Arndt moved to approve the Proposed Ordinance #2024-03. The motion was seconded by
Mr. Boggerty. (Neil, Rocha absent)
Mr. Anderson stated that there are good intentions, but when it comes to the concerns of the
residents about the bridge and limited access, the concerns about the water compatibility, and fire
access with the dead-end cul-de-sac, the Comprehensive Plan that was voted upon was correct.
This should be based upon a compelling reason, not based upon preference. He had not heard a
compelling reason to change the Comprehensive Plan in such a way that would maybe increase
resonance, as well as add commercial and other aspects.
Mr. Sudler stated that there are a lot of infrastructure issues that are not being addressed and he
does not think that this area is ready for a change in zoning. Mr. Sudler understands that the
developers have a right to develop, but the stakeholders also have a valid point. Mr. Sudler
stands with Councilman Anderson that he has not heard a valid reason to change what is set in
place already.
Ms. Arndt moved to approve proposed ordinance #2024-03, seconded by Mr. Boggerty.
The motion failed by a roll call vote of one (1) yes (Arndt) and six (6) no (Anderson,
Boggerty, Pillsbury, Sudler, Lewis, and Hare). (Neil, Rocha absent)
Ms. Melson-Williams stated that the request to change failed to align with the Comprehensive
Plan Amendment. As a result, the land remains designated for office use according to the plan.
The proposed rezoning would not be compatible with the existing land use category of office.
PUBLIC HEARING/FINAL HEARING – PROPOSED ORDINANCE #2024-04 – LANDS
OF DOVER FEDERAL CREDIT UNION AT 1079 SILVER LAKE BOULEVARD: CPO
TO C-2A
Ms. Melson-Williams stated that the request to change failed to align with the Comprehensive
Plan Amendment. As a result, the land remains designated for office use according to the plan.
The proposed rezoning would not be compatible with the existing land use category of office.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 08, 2024
The Minutes of the Regular Council Meeting of April 08, 2024, were unanimously
approved by motion of Mr. Lewis, seconded by Mr. Sudler, and bore the written approval
of Mayor Christiansen. (Neil, Rocha absent)
COUNCIL COMMITTEE OF THE WHOLE REPORT – APRIL 09, 2024
Page 131
Página 132
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 10
The Council Committee of the Whole met on April 09, 2024, 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 (arrived at 6:03 p.m.). Mayor Christiansen was absent.
Civilian members present for their Committee meetings were Mr. Lewis (Parks,
Recreation, and Community Enhancement), Mr. Shevock (via WebEx), and Ms.
Smith (Legislative, Finance, and Administration. Mr. Tholstrup (Parks,
Recreation, and Community Enhancement) was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
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 Dr. Pillsbury and
unanimously carried.
Mayor and Council Reports – March 2024
Council President Hare
Council President Hare had no report to give.
First District
Dr. Pillsbury reported that she attended the St. Patrick’s Day Parade along with
the First District Town Hall.
Mr. Rocha reported that he facilitated the Unsheltered Working group along with
Ms. Arndt. He also worked closely with Dr. Pillsbury and Mr. Boggerty to
arrange a meeting for the First District regarding the property at 10 Merion Road
in Fox Hall. Mr. Rocha reported that he attended the farewell of Director Eaton,
the Governors Outstanding Volunteer Service Awards, and the opening of the
Hope Center on Division Street which was opened by the Wilmington Hope
Commission.
Second District
Mr. Lewis had no report to give.
Third District
Page 132
Página 133
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 11
Mr. Neil reported that he attended the St. Patrick’s Day Parade along with Dr.
Pillsbury, the Delaware League of Local Governments meeting regarding
Marijuana, the Governors Outstanding Volunteer Service Awards, the farewell
luncheon for Robin Eaton, and the ribbon cutting for Crumbl Cookie. Mr. Neil
reported that he requested staff help on several questions dealing with trash at the
Valero, signs in a community, and cats in a community based on constituent
complaints. Mr. Neil commended Mr. Hugg, Ms. Duca, and Ms. Melson-
Williams for their quick response to the complaints. Mr. Neil reported that he sent
out a series of alerts regarding the sewer main break, as there were several
questions that had been received. Finally, Mr. Neil reported that he sent written
comments to the legislative bills that were brought to council's attention by Chief
Johnson.
Ms. Arndt reported that in addition to Councilman Neil's remarks, she also
participated in the Governor's Outstanding Volunteer Service Awards. Ms. Arndt
commended Mr. Todd Stonesifer, Chair of the Downtown Dover Partnership, on
his award and expressed appreciation for all his efforts on behalf of the city. Ms.
Arndt also reported that she attended the most recent Silver Lake Commission
meeting where she presented a draft procedure for dedicating city parks. Ms.
Arndt stated that the procedure was well received, and she will be working with
staff to bring the procedure back to the committee for discussion.
Fourth District
Mr. Sudler reported that he attended the Delaware League of Local Governments
meeting regarding marijuana and CBD regulations. Mr. Sudler stated that it was
interesting to hear about the lack of strict regulations on CBD versus marijuana.
Mr. Sudler stated that he and Mr. Anderson held a meeting for the Silver Lake
residents regarding their concerns about the proposed new zoning and
development that could take place in their development. Mr. Sudler also reported
that he followed up with constituents' concerns regarding trash dumping in the
Lincoln Park area near Simon Circle. Mr. Sudler stated that they met on-site to
further hear their concerns. Finally, Mr. Sudler stated that Mr. Anderson, Mr.
Lewis, the mayor, the city manager, Commissioner Angel, Representative
Phillips, and himself will be meeting regarding House Bill No. 55 and the
language concerns within the bill on April 16, 2024. In preparation for their
Fourth District Town Hall to be held at Levy Court to bridge a partnership
between Mr. Anderson, Commissioner Angel, and himself to address some of the
homeless issues around April 26th through the 29th.
Mr. Anderson reported that in addition to Councilman Sudler's comments, they
have been addressing constituent concerns regarding a local business needing to
call the police four times in the last week with complaints of open drug use, and
clients and staff being harassed by beggars. A second complaint was received
about an individual sleeping in an alley and using the bathroom between trash
receptacles on a different street. Also, a complaint was received regarding the use
of dirt bikes on the streets again. Mr. Anderson reported that he attended the
National League of Cities Congressional Conference, where they discussed
Page 133
Página 134
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 12
several items that he will be able to bring back to staff, as well as some grant
opportunities that are not being utilized yet. Finally, Mr. Anderson reported that
they are in the process of planning their Fourth District Town Hall.
At-Large
Mr. Boggerty reported that he attended the meeting with a neighborhood in the
first district regarding a home on Merion Court, and they will be holding a follow-
up meeting. He is currently planning his Unity Day for June 29, 2024, and the
focus will be anti-bullying. Mr. Boggerty reported that he participated in the St.
Patrick's Day Parade and has recently launched his podcast which will be called
Dover and Beyond with Councilman Boggerty. He explained that the podcast can
be found on his personal Facebook page as well as his council Facebook page.
Mr. Boggerty thanked Mr. Anderson for being his first guest, and they discussed
finances and how the city budget works. He also explained that he was a panelist
for the aging population at the Modern Maturity Center and discussed
transportation, employment, and how best to support organizations like Meals on
Wheels and the Modern Maturity Center, he attended the opening of the Hope
Center, and the ribbon cutting of Crumbl Cookie. Finally, Mr. Boggerty reported
that the residents of Capital Park had raised concerns about their basketball court.
Through collaborative efforts with Senator Paradee and other members, they
successfully had the court repaved, ensuring that the children can now engage in
safe and enjoyable playtime. Finally, Mr. Boggerty reported that along with
Councilman Sudler, he attended the celebration for all the Dover High School
teams.
Mayor Christiansen
Mayor Christiansen was absent, and no report was made.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection the meeting
adjourned at 6:16 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Anderson requested to move item five (5) on the agenda to item three (3).
Mr. Sudler moved for adoption of the agenda as amended, seconded by Mr.
Boggerty, and unanimously carried.
Discussion – The National League of Cities (NLC) Service Line Program for
the City of Dover (Dennis Lyon, HomeServe Regional Director
Page 134
Página 135
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 13
Mr. Dennis Lyon, HomeServe Regional Director, reviewed the presentation titled
NLC Service Line Warranty Program by HomeServe (Attachment #1).
The committee recommended referring to staff for evaluation.
Responding to Mr. Neil, Mr. Lyon stated that for each individual incident, such as
those occurring on external lines, coverage of up to $8,500 would be provided.
Similarly, for incidents within the internal plumbing, homeowners would receive
coverage of up to $3,000 for associated costs. Mr. Lyon explained that excluding
any royalty or revenue share, the water coverage and service are priced at $5.49
per month, while sewer coverage is priced at $7.49 per month, and in-home
plumbing coverage is available for $9.49 per month. The aim is to maintain price
points so that individuals who may not be financially equipped to handle such
issues can still affordably protect themselves without significant financial strain.
Mr. Lyon stated that he could not provide an average cost of services because
they vary but he does know that fewer than one percent of their claims exceed the
$8,500 threshold.
Mr. Lyon explained that the reason for the low percentage is attributed to the
vetting of contractors and the utilization of actuarial methods and underwriting to
estimate the volume of business they can direct their way. By ensuring contractors
are shielded from issues such as homeowners lacking funds or requesting
payment plans, they offer them rates typically 15 to 20% lower than those
available to the general public. This strategy significantly contributes to keeping
the costs down. Mr. Lyon explained that in an instance where the cost exceeds
$8,500, the homeowner would be informed before the work began as they would
be responsible for the overage. However, the homeowner would pay the overage
at the same rate that the contractor bills them.
Responding to Ms. Arndt, Mr. Lyon stated that the rate is standardized and that
there are no inspections of the home or any questions about the age of the lines or
what materials may have been used. Coverage begins after a 30-day waiting
period. Mr. Lyon also explained that claims do not count against eligibility, and
the rates remain unchanged despite the filing of a claim.
Mr. Rocha moved to recommend referral back to staff for evaluation. The
motion was seconded by Mr. Lewis and unanimously carried.
Responding to Mr. Sudler, Mr. Lyon explained that their partnership agreement
incorporates indemnification clauses to safeguard the partners from any potential
civil litigation. Mr. Lyon noted that they have not experienced any situations
where a partner has been involved in a dispute, and precautionary language in the
agreement is in place to protect the partners.
Responding to Mr. Sudler, Mr. Lyon explained that he included a monetary
option in the agreements, referred to as a licensing fee. This fee would be set at
Page 135
Página 136
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 14
$5,000 annually for the initial three years of the agreement, totaling $15,000, with
the flexibility for the city to utilize these funds as they deem necessary.
Responding to Mr. Sudler, Mr. Lyon stated that HomeServe selects the most
skilled contractors, and they are deeply committed to community engagement and
diversity. Mr. Lyon explained that they embrace and celebrate all aspects of the
community.
Responding to Mr. Sudler, Mr. Lyon stated that they have collaborated with a
partner who supplied a list of minority-owned businesses to contact. Mr. Lyon
clarified that the partner's familiarity with the community allows for targeted
outreach, offering insights on which businesses to prioritize and which ones to
avoid. This strategic approach helps ensure the consistent delivery of high-quality
service, which is their constant goal.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Evaluation of Bids – North Bradford Street Rehabilitation Project (Jason
Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and
analysis for the North Bradford Street rehabilitation project.
Staff recommended awarding the contract to Sam’s Construction, LLC, for the
City of Dover North Bradford Street Rehabilitation Project, Bid #24-0025PW, for
the amount of $1,103,390.70.
Responding to Mr. Boggerty, Mr. Lyon stated that Sam’s Construction has done
numerous projects on several street programs, and their work has always been
adequate. Mr. Lyon explained that they reached out to Sam’s Construction to
make sure they understood the bid because there is some uniqueness to it. Mr.
Lyon stated that the Bipartisan Infrastructure Law (BIL) has led to a substantial
influx of funding nationwide, prompting contractors to submit higher bids in the
hope of securing projects and earning a good profit margin. It is possible that
George & Lynch may not be well-versed in the new product being utilized for this
particular project.
Responding to Mr. Boggerty, Mr. Lyon explained that the Bipartisan
Infrastructure Law (BIL), initiated by the Federal Government, is directing funds
toward various infrastructure projects such as streets, roads, bridges, and
water/wastewater facilities across the country. He noted that the abundance of
projects available may contribute to the city receiving fewer bids. Many of these
projects are either unique, highly specialized, or relatively straightforward, and
contractors are often overwhelmed with their existing workload.
Responding to Mr. Lewis, Mr. Lyon clarified that the two projects in question
were funded by the city and have been continued due to their complexity. He
Page 136
Página 137
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 15
further elaborated that the funds for these projects had to be allocated on an
annual basis, indicating that grant money was not involved in the process.
Responding to Mr. Lewis, Mr. Lyon stated that the money was accounted for in
past budgets, which occurred in Fiscal Years 2021 and 2022.
Responding to Mr. Lewis, Mr. Lyon stated that the majority of grants available
are typically geared towards emergent contaminants, water or wastewater
projects, and environmental considerations. He pointed out that the current project
does not meet the criteria for these grants unless it pertains to improving
compliance with the American Disabilities Act (ADA). Mr. Lyon further
explained that, as previously discussed, grants can be obtained through the
Transportation Alternative Program offered by the Delaware Department of
Transportation (DelDOT), although they did not seek funding for the current
project. However, they did submit applications for grants to address accessibility
issues on State Street by enhancing the sidewalks.
Responding to Mr. Lewis, Mr. Lyon stated that the different materials being
utilized for the project are what make it unique. Instead of the traditional method
of cutting out concrete sidewalks and removing nearby trees, which has been a
sensitive topic, they are using a more environmentally friendly solution. Mr. Lyon
explained that they are utilizing a pervious concrete material for the sidewalks
allowing them to preserve the surrounding trees while addressing the issues
caused by root growth. Mr. Lyon related the material to that of kinetic sand. Mr.
Lyon explained that the public works team does not have the equipment necessary
to make a mill and overlay for a project, and the project includes not only the
sidewalks being improved but also the curb.
Responding to Mr. Lewis, Mr. Lyon stated that informally, at various functions,
discussions often revolve around comparable projects and the diverse contractors
engaged by various municipalities.
Responding to Ms. Arndt, Mr. Lyon stated that the project is estimated to span
approximately 180 calendar days. Upon approval and finalization of the
contractual paperwork, the project is slated to commence in June, with an
anticipated completion date of December.
Mr. Hare moved to recommend accepting the staff recommendation. The
motion was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Proposed Ordinance #2024-07 – Amending Chapter 80 – Personnel, Article
IV – Pension Plans and Retirement Benefits, Division 3 – General Employee
Pension Plan (Councilman Anderson and Councilwoman Dr. Pillsbury)
Page 137
Página 138
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 16
Mr. Anderson reviewed the background regarding the proposed changes to
proposed ordinance #2024-07.
Staff recommended approval of proposed Ordinance #2024-07.
Dr. Pillsbury moved to recommend renumbering section 80-511 to 80-510 and
taking the current section 80-510 and renumbering it to 80-511 with the changes
as discussed. Mr. Anderson seconded the motion.
Responding to Dr. Pillsbury, Mr. Anderson expressed agreement with the point
made regarding the exclusions under the new section 80-510. He acknowledged
the importance of carefully examining whether this section is even necessary in its
current form. Mr. Anderson emphasized that while the section is part of existing
law, it is important to thoroughly review and potentially revise it if needed. He
suggested that obtaining a legal opinion on the matter before it is brought to the
floor would be a wise decision. Ultimately, Mr. Anderson reiterated his agreement
with Dr. Pillsbury on the matter.
Responding to Dr. Pillsbury, Mr. Anderson confirmed that they would implement
this change first before addressing her next question.
Responding to Mr. Sudler, Mr. Anderson stated that he is aware of the discussion
with the Pension Board where major topics were extensively deliberated upon,
with the majority of the board members expressing agreement. However, the
recent staff-related change was not brought up during those discussions as it was a
suggestion received only the night before this meeting. This proposed alteration is
more centered around legal matters brought forth by the Human Resources and
Finance Departments. Mr. Anderson emphasized that this aspect does not play a
significant role in the current issue at hand.
Responding to Mr. Anderson, Mr. Sudler expressed his understanding of the
situation and emphasized the importance of ensuring that all voices and members
have the opportunity to be heard. He proposed moving to open the meeting to
allow for a discussion on the topic at hand, specifically regarding the
questionnaire. Mr. Sudler suggested suspending the rules to facilitate dialogue and
potentially hear from the president or a representative of the pension organization
to provide their perspective and address any concerns they may have. He stressed
the significance of including the members who would be impacted by the decision
in the discussion before moving forward with a vote.
Responding to Mr. Boggerty, Mr. Anderson affirmed that it was correct to focus
solely on the amendment at hand and then open up the discussion regarding the
ordinance.
Responding to Mr. Hare, Mr. Anderson clarified that the discussion was centered
around the Human Resource staff amendment only.
Page 138
Página 139
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 17
Responding to Dr. Pillsbury, Mr. Anderson stated that the proposed change in the
law would extend coverage for college students up to the age of 26, aligning with
current healthcare regulations. He explained that this adjustment was
recommended by the pension committee as an expansion of existing benefits to
better accommodate students.
Responding to Dr. Pillsbury, Mr. Anderson confirmed that unmarried individuals
would be eligible for survivor's benefits, with a spouse being the automatic next
beneficiary. If the individual is no longer married due to being completely
unmarried, single, divorced, or widowed, then the children would be next in line
to receive survivor's benefits for a period of time. Mr. Anderson suggested that if
there is any ambiguity regarding the issue at hand, it would be fair to include a
definition section in the ordinance to address and clarify any potential confusion
before it becomes a problem.
Responding to Dr. Pillsbury, Mr. Hare emphasized the importance of clarifying
the provisions related to chronic alcoholism, narcotic addiction, and eligibility for
disability benefits in cases where individuals are not under the influence of
alcohol or drugs at the time of a work-related injury. He highlighted the
distinction between individuals claiming disability solely based on alcoholism or
drug addiction versus those who sustain a legitimate injury while sober at work.
Mr. Hare also raised the question of eligibility for disability benefits for
individuals who take time off to engage in activities in another country,
emphasizing the need for a legal opinion on such cases to ensure clear guidelines
and avoid any potential misunderstandings in the ordinance. It is essential to
address these concerns to provide fair and consistent access to disability benefits
for all eligible individuals under the specified circumstances.
Responding to Mr. Boggerty, Mr. Anderson stated that the disability provisions in
question pertain to individuals who are vested in the pension plan, regardless of
whether their disability is work-related or not. He highlighted that individuals
who meet the criterion of being vested in the pension plan and become disabled
are eligible for immediate access to the benefits they have accrued through their
contributions, without having to wait until a specific age threshold, such as 60
years old. This exception is designed to provide financial support to individuals
facing disability challenges, recognizing their vested status in the pension plan.
The focus is on enabling individuals to access the funds they have contributed
over time to support them during periods of disability.
Responding to Mr. Boggerty, Mr. Anderson explained that the disability
exception within the pension plan does not prevent individuals from accessing
other forms of financial support like social security benefits, workers'
compensation, or short-term disability insurance. These additional resources may
still be available to individuals who qualify for them based on their specific
circumstances. Mr. Anderson mentioned that there are distinct levels within the
pension plan. For instance, after reaching five years, there are benefits that begin
to accumulate and grow over time. Contributions made by employees are retained
Page 139
Página 140
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 18
by them, but the portion contributed by the city is not kept if the employee is not
vested in the plan. It is important to note that vesting in the pension plan may be
subject to specific criteria and timelines, which determine when an individual is
entitled to receive their full benefits. Mr. Anderson also invited staff to provide
additional insights or clarification on this topic to ensure accurate information is
communicated.
Responding to Mr. Anderson, Mr. Hare provided further insight into potential
scenarios involving a lineman who sustains an injury while on the job. Mr. Hare
mentioned that if the lineman were to be injured while working on a bucket truck,
there is a likelihood that they may seek legal representation and pursue disability
benefits. In such cases, it is possible that an agreement or settlement could be
reached with regard to the benefits the individual is entitled to based on their
contributions and eligibility. Mr. Hare also noted that if the injury occurred off-
duty, such as in a car accident, the situation would be handled differently. He
concluded by expressing gratitude for the discussion.
Responding to Ms. Smith, Mr. Anderson stated that the city participates in the
state plan for healthcare and benefits, recognizing that there may be connections
to assist individuals with their state plan. However, he admitted that he is not
entirely certain of the details and suggested that the question could be directed to
staff for further investigation and clarification. This approach would ensure a
more comprehensive understanding of how the city's benefits are intertwined with
the state plan and how they can be utilized to support individuals in need.
Responding to Mr. Rocha, Dr. Pillsbury explained that the reason for raising the
issue was due to the restrictions imposed by HIPAA regulations. As a healthcare
provider, Dr. Pillsbury highlighted that there are limitations on disclosing
information about a person's specific medical conditions, such as alcoholism or
substance abuse history. Dr. Pillsbury expressed concerns about the broad and
general exclusions in the context of these regulations, stating that they could
potentially pose significant challenges. In today's environment, Dr. Pillsbury
emphasized that such issues could present considerable obstacles and need to be
carefully addressed.
Responding to Dr. Pillsbury, Mr. Sudler expressed his agreement and elaborated
on the importance of addressing chronic alcoholism and mental health issues
within the healthcare profession. He emphasized that chronic alcoholism should
be viewed as a treatable disease that warrants a comprehensive treatment plan to
help individuals become productive members of the organization. Mr. Sudler
highlighted the various workplace factors such as burnout and role strain that can
contribute to substance use, whether legal or illegal. He emphasized the need for a
proactive approach to assessing and addressing mental health issues among
organizational citizens. Mr. Sudler proposed utilizing psychometric instruments
and anonymous surveys to identify the need for mental health services and
resources for employees. He argued against penalizing individuals with mental
health illnesses and stressed the importance of providing benefits to facilitate
Page 140
Página 141
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 19
access to treatment. Mr. Sudler underscored the significance of early intervention
and resource allocation to prevent detrimental outcomes for employees, such as
losing pensions due to substance abuse issues later in their careers. He concluded
by advocating for a proactive and supportive approach to mental health and
substance abuse issues in the workplace.
Responding to Mr. Sudler, Mr. Hare discussed the limitations of mandating
alcohol abuse classes or mental health sessions for employees who are effectively
fulfilling their job responsibilities without any complaints. He argued that as long
as an individual is performing their duties satisfactorily and there are no issues,
they should not be compelled to attend such programs. Mr. Hare highlighted the
scenario of someone potentially being an alcoholic but functioning well at work,
questioning the necessity of enforcing classes or interventions in such cases. He
emphasized the distinction between personal behavior outside of work hours and
job performance, suggesting that as long as an employee's behavior is not
affecting their work performance, interventions should not be imposed. Mr. Hare
acknowledged that extreme situations, such as health complications from alcohol
abuse, may require intervention and assessment by appropriate personnel.
However, he emphasized the importance of considering an individual's job
performance and behavior within the workplace context when determining the
necessity of mandated programs. Overall, Mr. Hare emphasized the importance of
balancing individual rights and job performance when considering interventions
related to alcohol abuse or mental health in the workplace.
Responding to Dr. Pillsbury, Mr. Anderson reaffirmed his understanding of the
process regarding disability benefits within the city. He mentioned his
involvement with the Pension Board and shared that disability benefits could be
granted without employees losing their paid time off. However, he clarified that
the disability benefits would only begin once the individual had exhausted all
their accumulated time off with the city. Mr. Anderson explained that this process
is in accordance with existing laws and is also linked to IRS regulations and other
relevant statutes. By highlighting the structured process tied to disability benefits
within the city, Mr. Anderson aimed to provide clarity on how employees can
access these benefits without losing their accrued paid time off.
Dr. Pillsbury stated that regarding the need for correction in 80-513, noting the
adjustments made to 80-510 and 80-511 in section B, it was suggested that the
fourth line should reference 80-511 instead of 80-510 to align with the previous
amendments.
Responding to Dr. Pillsbury, Mr. Anderson stated that upon making this
correction, it was confirmed that the change would be adopted without objection.
Responding to Dr. Pillsbury, Mr. Anderson acknowledged the need for
improvement in the language of the existing law, and he suggested having the
solicitor review it for potential clarity enhancements. This recommendation was
made with the understanding that no actual changes were being proposed at that
Page 141
Página 142
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 20
moment, but rather a review for possible language improvement in line with the
current regulations. It was noted that such a review could potentially lead to a
more precise and understandable law without necessitating any substantive
alterations.
Christina Kober stated that she serves on the Pension Board, and she noted that
they once again come before council to address concerns about current ordinance
changes that are here before them this evening. The board and its membership
spent numerous hours addressing necessary changes to the current ordinance.
Regrettably, the two (2) council members on the Pension Board seemed to have
taken forth their own recommendations for the proposed ordinance changes.
Without further discussion with the Pension Board about the vigilance of their
membership, the members would have been unaware of the revision of the
ordinance or its inclusion on the agenda for tonight's meeting. She inquired about
the status of open communication and transparency in the city government. Some
of their members are present, standing united to support their efforts for fairness
and transparency in the way the city government should work. They are
frustrated, and they are angry. They collectively believe their words and efforts
are meaningless. In December, council members spoke of their commitment to
making retirees their first priority. Yet after last month's meeting, there is still no
action taken. They believe an agreement was reached on a cost-of-living increase.
Ms. Kober expressed frustration at the lack of communication within the city
government, noting that it has been non-existent. Furthermore, she highlighted the
absence of a system of checks and balances. Both retirees and board members
were physically present for this meeting while also participating remotely. They
remain committed to striving for parity, fairness, and transparency. The General
Employee Pension Board members drafted proposed ordinance changes 2024-07,
which was considered by the board on February 8th, 2024. The board members
recommended amendments to the ordinance during that meeting, and it was
unanimously approved for recommendations to the Legislative, Finance, and
Administration Committee as revised. The two (2) sponsors of the ordinance
serve on the Pension Board. On February 8th, amendments were submitted to the
City Clerk's office for the next Legislative, Finance, and Administration
Committee packet. Since February 8th, the Legislative, Financing, and
Administration has met on February 13th, 27th, March 12th, March 25th (special
meeting) and then on March 26th.
Ms. Kober stated that the reason cited for the delay in considering the ordinance
was the staff's need for additional time to prepare for tonight's meeting. Ordinance
2024-07, as recommended by the Pension Board, underwent revisions by the
ordinance sponsors. However, these revisions were incorporated into the packet
without markup indicating the sponsors' amendments, and the original texts
adopted by the Pension Board were not provided alongside. The transparent
process for considering the sponsor's amendments would be the ordinance as
recommended for adoption by the Pension Board to be presented at this meeting,
where the sponsors and the others would have been given the opportunity to
Page 142
Página 143
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 21
propose amendments. A transparent process for considering the sponsors'
amendments would involve presenting the ordinance as recommended for
adoption by the Pension Board at this meeting. During this presentation, sponsors
and other members would be given the opportunity to propose amendments.
Instead, neither the original ordinance nor the revised version proposed by the
Pension Board has been posted on the city's website ordinance listing. It is the
only ordinance missing from that listing. The action history of the ordinance does
not include any reference to the Pension Board's deliberations or
recommendations for adopting the revised version of the ordinance. The
ordinance lacks a synopsis summarizing the amendments, whether revised or
otherwise.
Ms. Kober noted that until Thursday, when the ordinance was included in the
meeting packet and posted on the website, only the sponsors were aware of the
significant changes made to the proposed ordinance. To her, it is a lack of
transparency and a matter of egregiousness. On a side note, the General Employee
Pension Board met on March 4th to discuss a cost-of-living increase. The city's
actuary attended the meeting to provide insights and discuss the
recommendations. The request for a cost-of-living increase was initiated on
February 9th, 2023, and subsequently discussed on the following dates: April
27th, June 27th, August 3rd, November 2nd, and February 8th, 2024. On March
4th, the Board approved the recommendations for a cost-of-living increase to be
forwarded to the Legislative, Finance, and Administration Committee for further
action. It has not yet been placed on the Legislative, Finance, and Administration
agenda for consideration. There is no valid reason for the delay in receiving a
cost-of-living increase. Someone needs to provide a clear explanation for the
ongoing delay and what specific obstacles or reasons are preventing the city from
moving forward with the cost-of-living increase. She knows that is off-topic to
what they are saying with the ordinance, but this crap is getting old.
Responding to Ms. Kober, Mr. Anderson explained that the delay in
implementing the cost-of-living increase was because a draft recommendation for
an ordinance had been put forward, but an ordinance can only come into existence
once it is introduced by council members. He clarified that recommendations
alone do not have the force of law until they are formalized through the proper
legislative process. Mr. Anderson emphasized that the proposed changes to the
board's membership were not related to whether employees would receive the
cost-of-living increase or not. He believed that focusing on altering the board's
composition would have been a distraction from the core issue at hand. Instead,
the discussions with staff were aimed at addressing various concerns related to
workload, Human Resources issues, and other internal matters. Through diligence
and collaboration with the affected departments, adjustments were made to the
initial proposal to ensure that the heart of the recommendation was preserved
while incorporating necessary technical corrections. These modifications were
then introduced for consideration, ultimately aiming to create a product that
addressed staff concerns while upholding the essence of the cost-of-living
increase proposal.
Page 143
Página 144
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 22
Responding to Mr. Anderson, Ms. Kober emphasized the issue as one of
transparency. She expressed frustration, stating, "We have been waiting, waiting,
waiting, waiting, waiting. Oh, we do not have money. Meanwhile, you are
handing out money left and right to other people. We have been waiting. We are
supposed to be the priority, in your words. So, when are we going to be heard and
action taken?"
Responding to Ms. Kober, Mr. Sudler stated that it begins at this evening’s
meeting with the ordinance. Additionally, they have part two, which they have
already been collaborating on with staff for the budget.
Responding to Mr. Sudler, Ms. Kober emphasized that transparency entails
having members present during discussions and question sessions so they can
fully understand the proceedings. She clarified that while they may not
necessarily disagree with some of the points raised, it is essential to be included in
the process to effectively communicate with their members. It looks sneaky when
they change things and then they do not show what was recommended, what the
board voted on, and what they were supposed to take forward.
Responding to Ms. Kober, Mr. Anderson stated that if anyone wants to see them,
they are in an earlier packet.
Responding to Ms. Kober, Mr. Sudler expressed disappointment at the notion that
the sentiment towards the city's valued employees could be one of deception. He
found it disheartening that such a perception existed. Mr. Sudler emphasized his
belief in Team Dover's integrity and expressed regret if their actions had
contributed to this perception. He reaffirmed his belief that the majority, if not all,
city council and committee members are dedicated to enhancing the well-being of
the employees and recognizing their contributions over the years. Mr. Sudler
acknowledged the disheartening nature of the sentiment and expressed his
commitment to taking action to address the concerns. He apologized for any
distress caused by the situation and assured them that steps would be taken to
rectify it.
Dr. Pillsbury expressed her position as a newcomer to the Pension Board,
acknowledging her lack of familiarity with past proceedings. She recalled the
presentation of the proposed change and the subsequent process of routing it
through various departments. Dr. Pillsbury emphasized that these efforts were
aimed at advancing the initiative. She noted that her understanding was that many
of the suggested alterations stemmed from the retirees and members of the
Pension Board. Dr. Pillsbury highlighted a particular concern regarding Section
80-508, which addresses an annual increase, indicating that this aspect was a
significant focus for the members involved. She stated that efforts were being
made to address these concerns. Expressing confusion over certain comments, Dr.
Pillsbury asserted that there was no backward approach to the process. She
recalled previous meetings where discussions were held openly, with both parties
actively engaged in reviewing the details. Dr. Pillsbury explained that her
Page 144
Página 145
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 23
questions arose from a thorough examination of the document and stressed the
importance of legal review before finalizing any decisions. She reiterated the
collaborative effort to seek feedback from departments such as Human Resources
and expressed a desire to work together toward a resolution.
Responding to Dr. Pillsbury, Mr. Anderson expressed agreement with her
observations. He explained that all ordinances originate from an idea, and nearly
90% of the initial concept is reflected in the current version. Mr. Anderson
clarified that ordinances undergo refinement as they progress through different
departments. He cited an example where concerns from the Finance Department
led to a change regarding the frequency of reporting. While initially intended as a
quarterly report, it was modified to align with monthly statements, which would
become law if the ordinance passed. Addressing concerns about election security
and residency requirements, Mr. Anderson mentioned that adjustments were made
to ensure clarity. He highlighted various amendments that were made in response
to objections from the Human Resources and Finance Departments, as well as
minor adjustments for clarity and consistency. The goal, he emphasized, was to
create an ordinance that could withstand legal scrutiny and serve the city
effectively. Mr. Anderson concluded by expressing confidence that the ordinance,
once reviewed, would not disrupt city operations.
Responding to Mr. Anderson, Mr. Sudler stated that he appreciated his efforts in
explaining that to the retirees. However, with no disrespect intended towards Mr.
Anderson, he strongly feels that it is essential to hear directly from them. Council
has had ample opportunity to express their viewpoints, but tonight, they are
present, and he believes that it is crucial to listen to their perspectives, whether
they are favorable or unfavorable. While they may believe they are attentive to
their concerns, he thinks it is important to afford them uninterrupted time to
speak. Mr. Sudler stated that if Mr. Anderson agreed, he would like to proceed in
this manner.
Responding to Mr. Sudler, Mr. Anderson indicates a desire to address concerns in
an organized and structured manner and in a normal order. By suggesting that
they manage the discussion in a systematic way, he is demonstrating a
commitment to ensuring that all viewpoints are considered and given a fair
opportunity to be heard.
Bob Gedney, Chairman of the Pension Board, stated that he had met with Dr.
Pillsbury and Mr. Anderson. Mr. Gedney noted that he and Mr. Anderson are the
seniors on this Board. Mr. Gedney inquired about the process regarding obtaining
legal opinions or clarity. He emphasized the importance of tracing the source of
the advice from the attorney to ensure a thorough understanding of what can or
cannot be modified, including any necessary adjustments to the language.
Responding to Mr. Gedney, Mr. Anderson wanted it noted for the record that
when they receive the attorney's review, the Pension Board also receives it,
Page 145
Página 146
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 24
simultaneously. It goes without saying that once received, this information is
privileged, so it is essential to keep it confidential.
Ms. Kober expressed her desire to address some issues first. Returning to Mr.
Sudler for further discussion, Ms. Kober thanked him. She acknowledged a
correction, stating that members have been waiting for resolution since 2018, not
since February of 2023. Ms. Kober expressed confusion and highlighted the lack
of transparency and communication regarding changes, mentioning that the link
sent out on Thursday contained Ms. Pillsbury's changes, not theirs. Ms. Kober
explained the need for open dialogue, communication, and transparency. She
mentioned a willingness to engage in discussions and expressed a desire for
collaboration rather than dictation of decisions.
Responding to Mr. Anderson, Ms. Kober expressed her intention to address
additional concerns raised. She emphasized her increased vocal presence due to
being the sole retiree on the Pension Board. Ms. Kober highlighted her extensive
service of 31-and-a-half-years, underscoring her perspective as a retiree with
firsthand experience. She shared her personal struggles, including the lack of a
cost-of-living raise and the impending insurance increase of 27% in July and
having retired four (4) years ago.
Responding to Mr. Boggerty, Ms. Traci McDowell referenced Mr. Anderson's
statement that an ordinance is not official until it has been formally introduced.
She pointed out that according to their code, the Pension Board is responsible for
making recommendations. Ms. McDowell reiterated the process for ordinances to
be proposed, drafted, and recommended by a committee before being approved by
the Legislative, Finance, and Administration Committee. She criticized changes
made to the ordinance without proper procedures, expressing frustration about the
situation. Nobody between that meeting and this meeting has a right to change the
ordinance. Ms. McDowell highlighted specific changes on page five (5) of the
document, where a recommended 3% annual increase was adjusted to 2% without
proper consultation. She stressed the importance of following the correct process
and involving the Pension Board in discussions prior to making amendments. Ms.
McDowell suggested that unauthorized meetings may have taken place based on
the changes made without proper consultation.
Responding to Ms. McDowell, Mr. Anderson stated that it was a legal meeting.
They were there, and the meeting had proper notice.
Responding to Mr. Anderson, Ms. McDowell noted that the last meeting did not
resemble the current situation. She proceeded to explain a specific issue starting
on page five (5) concerning the approval process for pension applications by the
Pension Board. Due to difficulties in assembling a quorum, the Human Resources
Department was permitted to handle sending applications monthly. However, this
arrangement has not been implemented as agreed upon. The Pension Board
desired to revert to the original application process, as indicated by an asterisk in
the document showing a deletion related to this issue. Ms. McDowell expressed
Page 146
Página 147
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 25
concern that these modifications were not conducted transparently or
collaboratively with the board but rather arbitrarily by two (2) members who also
held positions as council members and chair of the Legislative, Finance, and
Administration Committee. Notably, changes from "they" and "theirs" to "one"
and "ones" were highlighted by Ms. McDowell as potentially distancing the
governing body from employees and retirees. Despite perceiving this change as
impersonal, Ms. McDowell emphasized more critical concerns at hand.
Ms. McDowell asserted that if the process had been followed properly, the Clerk's
Office would have handled it, and the changes would have been clearly
highlighted. The original ordinance, as well as revisions made by the Pension
Board, would have been available on the city's website, but none of them are
present. She characterized the situation as a bait-and-switch tactic that began from
the outset. Referring to page 17 of 25, Ms. McDowell recalled discussions from
August, where the Pension Board members expressed a desire to review the
ordinance. This recommendation, she noted, stemmed from a former city clerk.
She pointed out that the proposed change in Section 80-521.3 alters the
composition of the committee, as Mr. Anderson previously mentioned. The
rationale behind this change, she explained, was to address the
underrepresentation of retirees on the board, considering there are approximately
334 participants in the plan. However, despite this reasoning, the provision was
removed from the adopted ordinance. Ms. McDowell expressed uncertainty about
the timing of this removal and its implications.
Ms. McDowell proceeded to discuss various changes within the ordinance. On
page 13, she highlighted alterations regarding the identification that could be used
to identify individuals and their addresses. These changes, she noted, align with
practices in the state of Delaware, particularly with council elections. She
explained the importance of accurate address information, especially in cases
where there are multiple individuals with similar names. Moving to page 14, she
noted changes in Section 85.201(D), which she described as brief. On page 15,
she addressed Section 85.23, questioning the redundancy of a provision regarding
the vice chair assuming duties in the absence of the chair. She also noted changes
to Section 85.26, where the Pension Board's authority to call meetings with
Human Resources members was removed. Additionally, Ms. McDowell discussed
concerns raised about the payment of funds, noting that Pension Board members
had requested access to expenditure reports to fulfill their fiduciary
responsibilities. However, this request was not included in the revised ordinance.
She questioned why the responsibility for approving funds and retirement
applications was not left with the Pension Board, given their fiduciary role.
Finally, she highlighted concerns about the timing and availability of quarterly
reports, suggesting they were not provided in a timely manner.
Ms. Kober mentioned that they did receive one report in September, which
contained only one line item stating "expenditures" with no further explanation.
She emphasized the importance of receiving detailed information, especially
Page 147
Página 148
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 26
regarding retirements, as there had been instances where retirees' figures were
incorrect, leading to overpayments or underpayments, and issues with insurance
deductions. Ms. Kober stressed that if they were to be held accountable, they
should have access to this critical information.
Ms. McDowell pointed out that the issue Ms. Kober raised ties into the discussion
about the changes on page 17, specifically in Section 85-276. This section
originally required an updated list of retirees and beneficiaries to be provided to
the general employee pension plan board members whenever a new application
was approved by the board. However, this provision was removed from the
revised ordinance. Ms. McDowell highlighted another change on page 18,
specifically in Section 85-28. The Pension Board members had recommended that
the general employee pension plan board seek outside subject matter legal
assistance when necessary. However, this recommendation was struck from the
revised ordinance.
Responding to Ms. McDowell, Mr. Anderson emphasized that no committee has
the authority to unilaterally seek legal assistance outside of established city
policies. He noted that the proposed reconstitution of the board, which would
distinguish it from other boards like the police board, is a non-starter. Instead, he
stressed the importance of focusing on ensuring retirees receive the necessary
compensation rather than altering the political makeup of the board.
Responding to Mr. Anderson, Ms. McDowell stated that yes, it is a non-starter for
him.
Responding to Ms. McDowell, Mr. Anderson stated absolutely.
Responding to Mr. Anderson, Ms. McDowell stated that it is not a non-starter for
the people that would like to know the discussion. In a public meeting
transparently, because that is what the City of Dover does.
Responding to Ms. McDowell, Mr. Anderson stated that he would agree with the
city manager that the draft was a draft proposal, not a draft ordinance. He
emphasized that the only ordinance that holds weight is the one officially
introduced. Mr. Anderson echoed Mr. Hugg's sentiments and supported the stance
of the Clerk's Office and other authorities, emphasizing that according to Dover's
charter, an ordinance must be introduced by council members, as Ms. McDowell
is well aware.
Responding to Mr. Anderson, Ms. McDowell stated that he is correct, it has to
have a first reading.
Responding to Ms. McDowell, Mr. Anderson reiterated that the ordinance
currently under consideration is the one that exists, emphasizing that the draft
proposals presented in the packet are merely preliminary and subject to change.
Page 148
Página 149
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 27
He clarified that the final version of the ordinance is the one brought forward on
the specified date.
Responding to Mr. Anderson, Ms. McDowell raised a question regarding the
accessibility of the ordinance in question compared to other ordinances pending
and adopted since 2009, which are readily available in a list on the city's website.
She questioned why this particular ordinance required individuals to search
through packets instead of being easily accessible online like others. Ms.
McDowell suggested that everyone could verify this information by visiting the
"Ordinance and Resolution Listing" on the website. She expressed her intention to
share remarks from an email before concluding her statement.
Responding to Mr. Anderson, Ms. McDowell stated that in the action history on
the ordinance that was in their packet, did not ever mention that the Pension
Board considered this item. There was no synopsis that explained what all of the
recommendations were. Ms. McDowell read an email that had been sent to
Council President Hare earlier that day from Janice Green (Attachment #2).
Responding to Ms. McDowell, Mr. Boggerty expressed his disappointment and
suggested remanding the issue back to the board for a thorough review. He
emphasized the need for complete transparency in the matter to ensure clarity and
understanding on both sides. Mr. Boggerty requested that this process be
expedited with a sense of urgency, even if it requires a special meeting to address
any ambiguities and ensure a timely resolution.
Responding to Mr. Boggerty, Mr. Hare stated that he does not disagree with Mr.
Boggerty. He suggested considering a process where both versions are compared
and presented, perhaps by tabling the issue for further review. This would allow
everyone to see the differences and make a more informed decision. Mr. Hare
stated that they probably need to determine as soon as possible what type of
financial increase they're going to implement. While administrative matters like
checking IDs are important, addressing the COLA and other financial aspects
should be prioritized. It is crucial to get this resolved promptly so it can be
included in the budget and distributed to the people. If they address it now, it
would be beneficial. This needs urgent attention, especially considering the
significant turnout today. The financial aspect is currently at risk, so it is
imperative to address it promptly.
Responding to Mr. Boggerty, Ms. Kober stated that two (2) is acceptable because
they have been asking for parity, and that is parity. They initially proposed three
(3) because they were uncertain about what else they might receive. However,
during the Pension Board meeting, it was unanimously agreed upon and passed
that 15% was sufficient if she recalls the exact wording correctly. So yes, they
would accept a 2% parity to align with everyone else.
Mr. Boggerty moved to divide the question and recommend the approval of
the 2% COLA raise annually as recommended by staff. The motion was
seconded by Mr. Anderson and unanimously carried.
Page 149
Página 150
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 28
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Responding to Mr. Anderson, Ms. Marney stated that it would cost roughly $1.9
million, but that she did not have the paperwork in front of her.
Responding to Mr. Boggerty, Mr. Sudler expressed his belief that a 2.5% offer
should be made in good faith with his motion, considering the wait until 2025 and
the extended waiting period for some individuals since 2018. He emphasized that
it would demonstrate goodwill in business transactions and negotiations. Mr.
Sudler empathized with the employees, noting the lengthy duration since 2018.
He highlighted that these individuals are not only city employees but also
considered as part of the city's family.
Responding to Mr. Sudler, Mr. Anderson emphasized the importance of parity in
addressing the issue at hand. He raised a concern about potential changes to other
pension plans as well. Mr. Anderson then suggested focusing on considerations
for the upcoming calendar year 2024. He explained that an increase could be
implemented in the 25 budget, ensuring that individuals are not left out. He
clarified that there should be no need to alter future plans, as two (2) distinct
issues are being addressed. Mr. Anderson mentioned that efforts are being made
to secure funding and presented a proposal that will tackle the current situation.
He noted that tangible changes could be expected in the next four (4) to five (5)
months, likely around August or September, rather than waiting until the end of
the calendar year.
Responding to Mr. Sudler, Mr. Boggerty expressed his agreement and
acknowledged the validity of Councilman Sudler's perspective but pointed out the
challenges that altering the current situation could pose for other unions. Mr.
Boggerty emphasized the need for practicality and transparency in negotiations,
citing the importance of avoiding overcommitment and potential harm to all
parties involved. He also mentioned plans to revisit the issue with the unions to
address any grievances and ensure equity. Despite understanding the appeal of
Councilman Sudler's proposal, Mr. Boggerty emphasized the necessity of
maintaining the current agreement, which includes a 2% increase for Fiscal Year
2025. He concluded by affirming the importance of adhering to the decisions
made thus far and seeking a balanced resolution that benefits the entire
community.
Responding to Ms. Marney, Mr. Boggerty mentioned that the agreed-upon date
for any changes would be January 1, 2025. He stressed the importance of
honoring the commitments and agreements already in place, emphasizing the
significance of sticking to the terms that have been agreed upon. Mr. Boggerty
noted that in negotiations, it is common to agree to certain terms, finalize them by
signing, ratifying, and then proceeding accordingly. He suggested that the focus
should be on confirming and ratifying the 2% increase, as it is a realistic option
compared to the proposed 2.5%.
Page 150
Página 151
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 29
Responding to Mr. Boggerty, Dr. Pillsbury stated that she believed introducing
the 2.5% increase had complicated the issue. She expressed concerns that
focusing on the higher percentage might overshadow the outstanding debts that
were owed. Dr. Pillsbury emphasized the importance of honoring previous
commitments and suggested that sticking with the 2% increase would be a more
appropriate course of action. Effective January 1, 2025, they will continue to
address the outstanding amount that has been a primary focus of both the
requestor's desires and the committee's efforts.
Dr. Pillsbury moved to recommend the approval of the 2% COLA raise
annually effective January 1, 2025 with the understanding that staff brings
council a proposal regarding the catchup plan as recommended by staff. The
motion was seconded by Mr. Neil and carried with Ms. Smith voting no.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Mr. Boggerty moved to remand the non-financial issues of the modifications
of the ordinance between the Pension Board and the council, to be reviewed
by the City Solicitor and resubmitted to council for review and approval. The
motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Responding to Ms. McDowell, Mr. Boggerty stated that expressed his preference
for consolidating both documents to create a single cohesive ordinance that
everyone can agree upon. He emphasized the importance of clarity in the
transition from section 511 to 510 and requested that the final document be
comprehensive and conclusive. Mr. Boggerty delegated the task of organizing the
logistics of merging the documents to the board, with the ultimate goal of
achieving consensus in the revised version.
Responding to Ms. McDowell, Mr. Boggerty highlighted the importance of
ensuring that the document is legally sound before being presented for review. He
proposed that once the document has been properly vetted and reviewed for legal
compliance, it should be returned to the Pension Board simultaneously for their
review before being presented to the council.
Responding to Mr. Boggerty, Mr. Neil shared his understanding that the
document presented is actually an ordinance, implying that any modifications
would need to be made through amendments by the Council. He indicated that the
sponsors likely initiated any changes made to the ordinance and that he believed
this to be the standard procedure for making alterations.
Page 151
Página 152
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 30
Responding to Mr. Neil, Mr. Anderson stated the understanding presented was
incorrect. He pointed out that the charter explicitly outlines the protocol for
introducing and amending ordinances. Mr. Anderson emphasized the need to refer
to the specific section of the charter that addresses amendments to ordinances to
clarify any misconceptions. He highlighted that according to the charter, only
members of the council have the authority to introduce ordinances, not
committees.
Responding to Mr. Neil, Mr. Anderson expressed his belief that the issue raised
would likely become irrelevant. He noted that individuals would have the
opportunity to express their opinions before the matter is brought back to the
council. Therefore, any concerns raised would essentially be resolved through the
opportunity for public input.
Responding to Mr. Sudler, Ms. McDowell stated that she believes it is semantics
because what they are saying is that the Pension Board or the Legislative,
Finance, and Administration Committee, or any committee can introduce an
ordinance, and that is not what they have done. They have made a
recommendation to this board about an ordinance amendment. It is semantics. It is
not being introduced or whatever the word Mr. Anderson is saying, but it is being
referred to. That is why they have committees. She knows council knows who
Janice Green is and they know that she knows what she is talking about. That is
what the committees are for.
Responding to Ms. McDowell, Mr. Anderson mentioned that there had been a
change in the charter regarding the introduction of deduction ordinances. While it
may not be available at the moment, he stated that the current debate is essentially
focusing on semantics and that ultimately, the board will still review the matter.
Responding to Mr. Anderson, Mr. Hare stated that if the issue is merely about
semantics and requires introduction by a councilman, he would be willing to
introduce it if they put something together.
Responding to Mr. Hare, Ms. McDowell pointed out that according to the charter,
any ordinance originating from a committee implies that it can do so without the
need for a specific sponsor. This means that no individual council member is
required to sponsor the ordinance.
Responding to Ms. McDowell, Mr. Hare stated that whatever assistance is
required, he will be available. If they do not need his involvement, he will not be
there.
Dr. Pillsbury suggested that it would be beneficial to have the attorney present at
the meeting to ensure that any document or proposal brought back is in an
approved form, thus avoiding any potential legal issues. She stated that there were
numerous legal concerns regarding the original proposal that still remain
unresolved. Dr. Pillsbury emphasized the importance of having the attorney
Page 152
Página 153
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 31
present during committee meetings to address any legal questions that may arise
and ensure that the final document is suitable for approval by the group.
Responding to Mr. Anderson, Mr. Hare expressed uncertainty about the topic for
discussion but suggested focusing on catching up on past issues. He recalled that a
proposal was presented in 2018 but no action was taken at that time. Mr. Hare
proposed that if a 2% increase is considered, it should be retroactively applied
from 2018 to 2025, ensuring that individuals receive the appropriate pay
adjustment for those years. This approach would calculate the 2% increment for
each year from 2018 onwards, thereby compensating for the missed increases.
Downtown Development District Renewal Application (David S. Hugg, III,
City Manager and Ann Marie Townshend, Senior Project Manager at the
Rossi Group)
Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior Project
Manager at the Rossi Group, reviewed the background and analysis of the
Downtown Development District renewal application (Attachment #3).
Staff recommended approving the application as presented.
Mr. Rocha commended Ms. Townshend and her team on their presentation and
recommendations as presented.
Ms. Arndt stated that the city has been running the program for 10 years, it is a
lucrative program, and it would be nuts for the city to not continue with the
investment. Ms. Arndt explained that it uses state money to leverage private
investment and she is in full support.
Mr. Neil commended Ms. Townshend and the Rossi Group for their in-depth
presentation and the phenomenal job they have done.
Responding to Mr. Lewis, Ms. Townshend stated the application goes to the state
planning office and the bulk of the expansion will occur in the fourth district.
Responding to Mr. Lewis, Ms. Townshend stated that in the first 10 years, $1.6
million in funding was received for smaller projects. When considering the
proposals for the old post office, or the old Acme site, some of the suggested
projects could be nearing a larger magnitude of funds. For instance, in
Wilmington, where numerous substantial projects have been undertaken, an
approximate total of $34 million has been allocated over the 10 years.
Responding to Mr. Lewis, Ms. Townshend stated that the current post office, a
small corner owned by Chesapeake Utilities, the police station, and the Justice of
the Peace Court are not eligible for the incentives. On the other side of the transit
center, the R.E. Michel Warehouse has been in operation for many years and
likely would not become open for redevelopment. To better utilize the 50
Page 153
Página 154
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 32
additional acres the proposed properties will have to be removed, which requires a
public hearing.
Ms. Arndt moved to recommend acceptance of the staff recommendation and
approval of the application. The motion was seconded by Mr. Neil and
unanimously carried.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Responding to Ms. Smith, Ms. Townshend stated that DelState is not eligible for
the incentives because they are a state institution.
The Delaware Marijuana Control Act – Overview and Options for Dover
(David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior
Project Manager at the Rossi Group)
Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior Project
Manager at the Rossi Group, reviewed the background and analysis of the
Delaware Marijuana Control Act for Dover.
Staff recommended guidance as to which approach Dover wishes to pursue;
prohibit or restrict but allow. If the desire was to allow under restriction, then
subordinate decisions needed to be made regarding where and under what
conditions.
Responding to Mr. Sudler, Mr. Hugg stated that the sales do not benefit the city.
The businesses would pay building permits, business licenses, and any other fees
required for a retail business. The other component would be the manufacturing
and testing process, but the city is not allowed to charge them higher license fees
as a revenue source.
Responding to Mr. Lewis, Mr. Hugg stated that it would benefit the city by being
added to the tax roll however, it would be much like Crumbl Cookie. The
business will have water, sewer, electric uses, and employees but a majority of the
tax dollars will go to the state, the city will only receive the utilities and license
fees.
Ms. Browyn Sherman, Transportation, and Community Planner at the Rossi
Group reviewed the presentation entitled "The Delaware Marijuana Control Act –
Overview and Options for Dover”.
Responding to Ms. Arndt, Mr. Hugg suggested that limitations on placing a
similar facility within 500 feet of another facility could be imposed as a
conditional use or established as a provision with specific restrictions.
Page 154
Página 155
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 33
Responding to Mr. Lewis, Mr. Hugg stated that there may be a few spaces
available in Garrison Oak, Cassidy Commons, out on Horse Pond Road and
Lafferty Lane.
Responding to Mr. Lewis, Mr. Hugg clarified that medical marijuana dispensaries
are considered permitted retail uses. As a result, any potential ordinance would
not impose restrictions on medical marijuana or establishments like Best Buds
Responding to Mr. Lewis, Ms. Townshend suggested that an ordinance could
serve as an opportunity to include a definition of medical marijuana from the state
statute and explicitly state that these establishments are permitted in all retail
locations.
Mr. Anderson opened the floor for a one-minute round table.
Mr. Sudler stated that he would like to see a conservative approach taken. In
Florida, they had retail stores on the main highway, but he noted that they were
medical marijuana facilities.
Mr. Rocha stated that he agrees with a conservative approach. Mr. Rocha
explained that he would prefer to not have recreational marijuana being smoked in
public spaces like the downtown area. In consideration of the dispensaries, he
would prefer that they not be downtown but rather out on the main highway. Mr.
Rocha emphasized that he would like there to be some type of odor control for the
manufacturing and a restriction on smoking at a restaurant or public space. Mr.
Rocha expressed concerns about the potential for businesses to have a significant
amount of cash on hand. As federal regulations do not currently permit the
legalization of marijuana, these businesses are unable to deposit their earnings in
banks, leading to an accumulation of cash on their premises.
Mr. Anderson stated that the State of Delaware is working on a proposal to deal
with state charter banks.
Ms. Smith stated that she recommends the conservative approach, as it should not
be allowed downtown, around schools, churches, places where the community
meets, and anywhere it could be dangerous for young people.
Mr. Shevock stated that he is conservative and would prefer not to see it in Dover
at all.
Mr. Neil stated that he would rather not have legalized marijuana, but it is here to
stay. Mr. Neil recommended that the ordinance have input from the police
department in terms of security. He emphasized that he does not want the
businesses to be in the downtown district, around schools or kids. Mr. Neil
explained that it is just another business and they do not want to keep business out
of the city. Finally, Mr. Neil recommended that the ordinance should include
regulations pertaining to odor control in all manufacturing establishments.
Page 155
Página 156
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 34
Mr. Boggerty expressed concerns about the insufficient land available for
accommodating the businesses and recommended looking at the next bigger
zoning section. Mr. Boggerty proposed incorporating guidelines for odor
mitigation and mandating a double-door entry to enhance security. Finally, Mr.
Boggerty concurred with the idea that consumption in public areas should be
prohibited.
Dr. Pillsbury expressed support for everything that has been said so far and had
nothing further to add.
Ms. Arndt also agreed that everything had been said and she is interested to see
what they will bring back for a vote.
Mr. Hare recommended that the businesses should not be situated within the
Downtown Dover Business District, in close proximity to schools, or hospitals.
He also agreed that there should be clear restrictions on the permissible locations
for such establishments.
Responding to Mr. Lewis, Ms. Townshend mentioned that the Delaware League
of Local Governments had previously advocated for a percentage allocation for
local governments, but their efforts were unsuccessful. She expressed doubt that
the state would reconsider this allocation at present.
Ms. Vonderlear Smack, 1001 White Oak Road, Dover, explained that she was
never a fan of marijuana until she received a stage three cancer diagnosis. She
shared that she struggled with sleep deprivation and severe pain, and it was only
when her doctors suggested using a marijuana pen that she found relief and was
able to finally get some rest.
Mr. Neil moved to recommend that staff come back with recommendations
based on what was heard and to include other zoning options. The motion
was seconded by Mr. Hare and unanimously carried.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 9:54 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 9:54 p.m.
By consent agenda, Mr. Lewis moved for acceptance of the Council Committee of the
Whole Report, seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil,
Rocha absent)
Page 156
Página 157
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 35
QUARTERLY REVENUE REPORTS AS OF MARCH 31, 2024
Members were provided the Quarterly Revenue Report as of March 31, 2024.
By consent agenda, Mr. Lewis moved for acceptance of the Quarterly Revenue Report,
seconded by Mr. Sudler and carried by a unanimous roll call vote. (Neil, Rocha absent)
QUARTERLY REVIEW – CAPITAL INVESTMENT PLAN (CIP) (JANUARY,
FEBRUARY, AND MARCH)
Members were provided the Quarterly Review for the Capital Investment Plan (CIP) as
of March 31, 2024.
By consent agenda, Mr. Lewis moved for acceptance of the Quarterly Review of the Capital
Investment Plan (CIP), seconded by Mr. Sudler and carried by a unanimous roll call vote.
(Neil, Rocha absent)
SEMI-ANNUAL INSPECTION BY CITY MANAGER – ROBBINS HOSE
COMPANY
In accordance with Chapter 46 – Fire Prevention and Protection, Article II – Fire Department,
Division 1 – Generally, Section 46-43 – Semiannual Inspections, of the City Code, the City
Manager, Mr. Hugg, met with the Fire Chief David Carey to discuss fire company issues. Mr.
Hugg submitted a memorandum outlining the items discussed and noted the Robbin’s Hose
Company continued to provide an outstanding level of service to the City of Dover and the
Unincorporated areas of the fire district.
By consent agenda, Mr. Lewis moved for acceptance of the Semi-Annual Inspection by City
Manager – Robbins Hose Company, seconded by Mr. Sudler and carried by a unanimous
roll call vote. (Neil, Rocha absent)
SPECIAL ELECTION TO FILL VACANCY – ROBBINS HOSE COMPANY – SECOND
FIRE LINE CAPTAIN (TERM TO EXPIRE DECEMBER 10, 2024)
Fire Chief Carey received a letter of resignation from Second Fire Line Captain Troy
Christiansen. In accordance with the City Code and the By-Laws of the Robbins Hose Company,
nominations were open during the April 01, 2024, Regular Monthly Meeting and, as a result of
the nominations being opened, there was three (3) nominations to fill the vacant position. Per
Article I, Section 4 of the By-Laws of the Robbins Hose Company No. 1, a special election was
held on April 15, 2024. Therefore, the vacancy as a result of the resignation has been filled by
Drew Kuntzi as he is our newly elected Second Fire Line Captain and meets the requirements to
hold the position.
By consent agenda, Mr. Lewis moved for approval of the Special Election of the Robbins
Hose Company for the Second Fire Line Captain, seconded by Mr. Sudler and carried by a
unanimous roll call vote. (Neil, Rocha absent)
FIRST READING COMMITTEE SUBSTITUTE #1 – PROPOSED ORDINANCE #2024-07
– CHAPTER 80 – PERSONNEL, ARTICLE IV – PENSION PLANS AND RETIREMENT
BENEFITS (EXCEPT POLICE), DIVISION 3 – GENERAL EMPLOYEE PENSION PLAN
Page 157
Página 158
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 36
Mr. Anderson reviewed Proposed Ordinance #2024-07 – Chapter 80 – Personnel, Article IV –
Pension Plans and Retirement Benefits (Except Police), Division 3 – General Employee Pension
Plan.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
the proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2024-07 – AMENDING THE CHAPTER 80 – PERSONNEL,
ARTICLE IV – PENSION PLANS AND RETIREMENT BENEFITS (EXCEPT
POLICE), DIVISION 3 – GENERAL EMPLOYEE PENSION PLAN.
FIRST READING PROPOSED ORDINANCE #2024-11 – LANDS OF CHIANG & SONS
PROPERTIES, LLC AT 1241 COLLEGE PARK DRIVE
Mr. Anderson made a motion for the referral as recommended by Staff, seconded by Ms.
Arndt, and carried unanimously. (Neil, Rocha absent)
Ms. Dawn Melson-Williams, Principal Planner reviewed Proposed Ordinance No. 2024-11 -
Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive. The property is zoned C-
PO (Commercial and Professional Office Zone). The proposed zoning for the property is IO
(Institutional and Office Zone). The property is located on the east side of College Park Drive (a
private street) and north of State College Road.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
the proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2024-11 – AMENDING THE LANDS OF CHIANG & SONS
PROPERTIES, LLC AT 1241 COLLEGE PARK DRIVE FROM CPO
(COMMERCIAL AND PROFESSIONAL OFFICE ZONE) TO PROPOSED
ZONING C-2A (LIMITED CENTRAL COMMERCIAL ZONE).
FINAL READING PROPOSED ORDINANCE #2024-08 – AMENDING APPENDIX C –
DOWNTOWN REDEVELOPMENT, ARTICLE II – DEFINITIONS, SECTION 4. –
TARGET AREA (DAVID S. HUGG, III, CITY MANAGER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Dr. Pillsbury, and unanimously carried. (Neil, Rocha absent) (The
First Reading of the proposed ordinance was accomplished during the Council Meeting of
April 8, 2024.)
By motion of Mr. Anderson, seconded by Mr. Boggerty, Council, by a roll call vote of six
(6) yes (Anderson, Boggerty, Pillsbury, Arndt, Sudler, and Hare), and one (1) no (Lewis),
(Neil, Rocha absent) adopted Ordinance #2024-02 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix C – Article II, Section 4 of the Dover Code relating to Downtown Redevelopment
be amended to read as follows:
Page 158
Página 159
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 37
Section 4. – Target Area
Target area shall mean that part of the city more particularly described as follows:
Beginning at a point at the intersection of the centerlines of Cecil and North State Streets,
then continuing on the centerline of North State Street in a southerly direction to the
intersection of the centerline of State Street and an extension of the centerline of
Delaware Avenue, then continuing on the centerline and an extension of the centerline of
Delaware Avenue in an easterly direction to the point of intersection of an extension of
the centerline of Delaware Avenue and the St. Jones River, then following the centerline
of the St. Jones River in a southerly direction to the point of intersection of the centerline
of the St. Jones River and the southerly property line of lands now or formerly of the
Catholic Diocese of Wilmington, being the site of Holy Cross Roman Catholic Church,
then proceeding in a westerly direction along said property line to the easterly right-of-
way line of South State Street (U.S. Route 13-A), then crossing the right-of-way line of
South State Street in a westerly direction and joining the centerline of Hope Street and
proceeding in a westerly direction to the centerlines of Hope Street and South Governors
Avenue, then proceeding in a southerly direction along the centerline of South Governors
Avenue to the point of intersection of the centerlines of South Governors Avenue and
Dover Street, thenproceeding in a westerly direction along the centerline of Dover Street
to the point of intersection of the centerlines of Dover Street and Westview Terrace, then
continuing in a northerly direction on the centerline of Westview Terrace to the point of
intersection of the centerline of Westview Terrace and New Burton Road, then
proceeding in a northeasterly direction on the centerline of New Burton Road to the point
of intersection of New Burton Road and West Street, then continuing in a northerly
direction along the westerly right-of-way line of West Street to the point of intersection
of the westerly side of the right-of-way of West Street and the northerly property line of
lands now or formerly of Dover Rent-All, Inc., then continuing in a westerly direction
along said property line to the point of intersection of said property line and the lands of
Conrail Railroad, then proceeding in a northerly direction along the easterly right-of-way
line of Conrail Railroad in a northerly direction to the point of intersection of the
centerline of West North Street and then westerly along the centerline of West North
Street to Clarence Street and north along the center line of Clarence Street to Slaughter
Street, 40 and west along the center line of Slaughter Street to Cherry Street and north
along the center line of Cherry Street to the intersection with the center line of Lincoln
Street to a point of intersection with an extension of the westerly property line of lands
now or of late of Michael Nash, being the site of the former Diamond Ice Company, then
proceeding in a northerly direction along the westerly property line of the Nash property
and in a line extending to the intersection of the southerly property line of lands now or
of late Paul T. and Aiko Moore, and then northwesterly and then northerly along the
southern and western property line of the Moore property and extending north to an
intersection with the centerline of Lincoln Street, and then easterly along the centerline of
Lincoln Street to a point of intersection of an extension of the westerly property line of
lands now or formerly of Frank Moore et al., and then northerly along the western
property of Frank Moore et al. and extending to a point of intersection with the centerline
of Forest Street, then easterly along the centerline of Forest Street to a point of
intersection with an extension of the westerly property of the lands now or formerly of
Page 159
Página 160
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 38
the Salvation Army, and then northerly and easterly along the western and north property
line of the Salvation Army property to the point of intersection with lands now or of late
Conrail Railroad, then northerly along the westerly property line of Conrail Railroad and
extending to a point of intersection with the centerline of West Division Street, and then
easterly along the centerline of East Division Street to the intersection of the easterly
right-of-way line of Conrail Railroad, and then northerly along the easterly right-of-way
line of Conrail Railroad to the intersection of the right-of-way of Conrail Railroad and the
northerly property line of lands now or of late of Southern States Cooperative, Inc., then
proceeding in an easterly direction a distance of 52.76 feet to the northeasterly corner of
the lands now or of late of Southern States Cooperative, Inc., then proceeding in a
southerly direction along the easterly property line of lands now or of late of Southern
States Cooperative, Inc., to the point of intersection of said property and the centerline of
Mary Street, then proceeding in an easterly direction along the centerline of Mary Street
to the point of beginning, being the point of intersection of the centerline of Mary Street
and North Governors Avenue, south along the centerline of North Governors Avenue to
the intersection of North Governors Avenue and Cecil Street, and west along the center
line of Cecil Street through the Wesley College Campus to the point of intersection of
Cecil Street and North State Street.
High Priority Target Area shall mean that part of the city more particularly described as
bounded by the street center lines as follows:
(a) Original High Priority Target Area Designation
From the intersection of the centerlines of North Governors Avenue and Mary Street
south to the intersection of the centerlines of North Governors Avenue and Fulton Street,
east to the intersections of the center lines of Fulton Street and North State Street, south
to the intersection of the center lines of South State Street and Loockerman Street, east
202 feet and then south 172 feet and then west 36 feet and south 73 feet, and west along
the right-of-way of North Street for 136 feet, and then south 45 feet along the center line
of State Street and then east 73 feet along the south right-of-way of North Street and then
south 71 feet, and then west 11 feet and south six feet and west 20 feet and south 135 feet
and west 8 feet and then south 22 feet, then west following the centerline of The Green to
the south intersection of the center lines of South State Street and The Green, south to
West Water Street and south 218 feet and west 205 feet and 87 southwest 41 feet and
west 246 feet and north 102 feet and west 103 feet and northwest 3 feet and west 40 feet
and southwest 9 feet and west 44 feet and north to the intersection of South Governors
Avenue and the centerline of West Water Street and west to the intersection of the center
lines of West Water Street and South Queen Street, south along the center line of South
Queen Street 541.11 feet and then west to the center line of South West Street, and north
to the intersection of the center lines of West North Street and South West Street, and
west to the intersection of the center lines of West North Street and Clarence Street and
north to the intersection of the center lines of Clarence Street and Slaughter Street, and
west along the center line of Slaughter Street to Cherry Street and north along the center
line of Cherry Street to the intersection with the center line of Lincoln Street, and east
along the center line of Lincoln Street to the intersection of the center lines of Forest
Street and South West Street, and north along the center line of South West Street to the
Page 160
Página 161
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 39
intersection of the center lines of West Street and West Division Street, and west to the
east property line of the Norfolk Southern railroad track, and north along this property
line to the intersection with the center line of Mary Street, and west to the intersection of
the center lines of Mary Street and North Governors Avenue.
(b) Expanded boundary approved by the Cabinet Committee on State Planning Issues,
effective February 1, 2024:
(1) Beginning at the intersection of S. State Street and Loockerman Street and then
turning east 202 feet along the southern edge of Lookerman Plaza and then
turning north 110 feet to the northern edge of Legislative Avenue and then
following the northern edge of E. Loockerman Street 621 feet to the westerly edge
of the bridge crossing the St. Jones River at Mirror Lake and then following the
westerly edge of Mirror Lake to the boundary of lands of the State of Delaware
and then turning west and following the southern boundary of said state lands
until the intersection with Kings Highway and then west along the southern edge
of E. Reed Street to the original target area boundary and co-located with that
boundary south to the point of beginning.
(2) Being that the boundary extension encompassing 14 acres is approved by the
Cabinet Committee on State Planning Issues.
(3) Subject to the condition that no rebates will be granted for expansion of the gross
square footage of the building on parcel 2-05-07705-04-5200-00001 unless an
eligible project(s) mitigates future flood risks and improves the resiliency of the
site. Renovations to the existing building may be considered appropriate, at the
discretion of the Office of State Planning Coordination (OSPC) and the Delaware
State Housing Authority (DSHA).
(4) The boundary extension set forth above shall be incorporated into the City of
Dover’s GIS system as an amendment to the High Priority Target Area (a.k.a. the
Downtown Development District).
ADOPTED: April 22, 2024
CITY MANAGER'S ANNOUNCEMENTS
Ms. Sharon Duca, Assistant City Manager stated that the water system flushing concludes this
week and spring cleanup continues.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen wished everyone a Happy Passover. He reminded everyone that NASCAR
weekend, April 26, 27, and 28 is coming up. The Dover Days Festival is coming up on May 3rd
and there will be a band concert and fireworks, and then May 4th will be the parade at 9:00 a.m.
Mayor Christiansen stated that there has been some senseless violence that has occurred in the
city, and it needs to stop. They will not tolerate an unsafe city. Mayor Christiansen wanted to
express confidence in Chief Johnson, the men and women of the Dover Police Department, and
other organizations that are working with them to take these people off the street. He mentioned
Page 161
Página 162
Item #11.
CITY COUNCIL MEETING OF APRIL 22, 2024 PAGE 40
that there have been concerns that the issues have not been addressed through press conferences.
When these people are in custody, and the Attorney General decides to help them take these
people off the street permanently, then they will have a press conference to assure the
community that Dover is a safe place to live, work, and play.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Lewis stated that with the recent gun violence in the city, he wanted to express his sincere
sympathy to the families of the victims who were involved. His prayers are with them, and he
calls for peace in the city.
Mr. Anderson concurred with Councilman Lewis and Mayor Christiansen with the recent
tragedy that has happened. His thoughts and prayers are with the families affected by these
incidents. Mr. Anderson mentioned that the efforts and support to make the city safe are
unrelenting and continuous. Mr. Anderson stated Happy Passover and that all in the Jewish
community are supported.
Mr. Sudler concurred with Councilman Anderson, Councilman Lewis, and Mayor Christiansen,
Emphasized the importance of unity and collaboration in addressing community issues,
particularly crime. He wants to advocate for a united front with the community. Mr. Sudler
stresses the need for individuals to report crimes to the mayor’s office, and to do what is right.
They all must work together.
The meeting adjourned at 8:53p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of April 22, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1: John Paradee - Draper Farm Properties, LLC Rezoning Application #Z-23-02 PowerPoint
Exhibit #2: John Paradee - Draper Farm Properties, LLC Rezoning Application #Z-23-02 Binder
Exhibit #3: Kim Haggard – Letter in Opposition of Proposed Rezoning Application Z-23-02
Page 162
Página 163
Item #12.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on April 23, 2024, at 6:01 p.m. with Council President
Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty,
Mr. Lewis, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Mr. Sudler was absent. Mayor Christiansen
was also present. Civilian members present for their Committee meetings were Mr. Iriowen (via
WebEx) (Utility), and Ms. Smith (Legislative, Finance, and Administration). Mr. Pugh (Utility)
and Mr. Shevock (Legislative, Finance, and Administration) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously
carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Lewis moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
Discussion and Update on Customer Service Utility Policies (Allison Haines, Interim
Customer Service Director)
Ms. Allison Haines, Interim Customer Service Director, gave a brief overview of the current
Customer Service Utility Policies.
Committee action was not required.
Responding to Mr. Anderson, Ms. Haines stated that the due dates for the electric billing are
included in the bill. They are due 21 days from the bill date, and a late penalty would not be accrued
until after the 30th day. Ms. Haines explained that an extension may be requested, however, they
are not automatically granted. The extension policy states that the bill must be paid within seven
days of the next billing statement. For example, if the bill is generated on the first and the due date
is the 21st, the extension would need to be paid by the first of the next month when the next billing
statement is issued so that the customer does not fall behind. Ms. Haines stated that disconnections
are done in order of route and the only reason they would deviate from the order would be for
extensions. Extensions are an agreement with the customer giving a guaranteed date that the bill
will be paid.
Responding to Mr. Anderson, Ms. Haines stated that past-due notices are included in the bill after
the due date, indicating that any overdue balance is subject to disconnection. An exception is made
for customers who have provided an email address, as they receive a guaranteed second notice the
day after the delinquent date, reminding them to settle their bill promptly.
When initiating disconnections, the team typically consists of six customer service representatives
on the floor and one supervisor. However, due to ongoing training in other departments, they may
be short-staffed at times. Occasionally, phone calls are made while reviewing the disconnect list.
Page 861
Página 164
COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 23, 2024 PAGE 2
Item #12.
Ms. Haines explained that they also consider customers' payment histories—whether they have
experienced disconnections before or if they have been consistently on time with their payments.
For first-time occurrences on the disconnect list, they start by placing a door hanger as a courtesy
reminder. However, if a pattern of delinquency emerges within a short timeframe, typically within
two months, disconnection may follow. On the other hand, if a customer has maintained a good
payment record for an extended period, they make every effort to provide a door hanger as a final
reminder.
Ms. Haines explained that it is important to note that due to operational constraints, such as limited
staffing and the growing demand from the expanding City of Dover, they do not send out separate
second notices by mail. Instead, all relevant information is included on the bill.
Responding to Mr. Anderson, Ms. Haines stated that a recurring challenge they face is that many
customers ask for an extension when they are on the brink of disconnection. Unfortunately, this
delay in communication often limits the ability to assist them effectively and resolve the problem
before it escalates to a disconnection. Ms. Haines explained that they strive to assist the customers
through various channels, including assistance brochures which are available on the website, and
handouts that are available in the office. These resources are designed to help customers navigate
potential financial difficulties and explore available support options. Ms. Haines emphasized that
it is crucial for customers to take the initiative and reach out for assistance when needed. They are
encouraged to call the office and provide the necessary documents to determine eligibility for
available resources. Ms. Haines noted that many individuals successfully access the available
resources daily by taking proactive steps to seek help. Some of the programs available are Catholic
Charities, First State Community Action, NeighborGood Partners (NCALL), and Holy Cross.
Responding to Mr. Anderson, Ms. Haines stated that to set up automatic payments, they offer an
autopay option accessible through an autopay form. Customers can fill out the form, provide a
voided check, and customer service will automatically deduct the payment on the bill's due date.
Ms. Haines stated in cases where customers are enrolled in social programs and can demonstrate
a permanent due date, they can accommodate their unique circumstances through a billing
exception. This exception allows them to adjust their bill due date to align with the timing of their
program funds. This ensures that their payment is withdrawn consistently each month,
synchronizing with the receipt of their funds.
Responding to Mr. Lewis, Ms. Haines stated that there is no grace period, the bill is due on the
21st day and the late assessment is applied on the 30th day. Ms. Haines emphasized that the bill
states that any past-due balance is subject to disconnect.
Responding to Mr. Lewis, Ms. Haines stated that the city has a policy in effect for financial
hardship due to a medical condition.
Responding to Mr. Lewis, Ms. Haines stated that with medical exemptions, documentation must
be completed by a doctor and submitted approximately every 120 days for specialized equipment.
If customers still have outstanding bills and end up on the disconnect list, the city is required to
issue a door hanger, incurring a $50 fee, as a reminder to settle their account. Failure to do so will
Page 862
Página 165
COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 23, 2024 PAGE 3
Item #12.
result in the installation of a load restrictor, limiting electricity usage to only that which is essential
to operate medical devices. Unfortunately, if payment remains outstanding after 30 days, they are
obligated to discontinue their electric services.
Responding to Mr. Lewis, Ms. Haines stated that the door hanger is typically only issued once.
The list is run at the end of the day to be disconnected the next business day. While assisting
customers the customer service staff must utilize several screens to research if the customer has
been disconnected in the past year so it is likely that a repeat offender would end up on the
disconnect list. Ms. Haines explained that the door hanger is issued again after a two-year grace
period. Ms. Haines also explained that businesses are issued door hangers because they are trying
to operate a business, but they are required to pay within three days.
Responding to Mr. Lewis, Ms. Haines stated that the City of Dover does not have any low-income
home energy assistance programs.
Responding to Mr. Lewis, Ms. Haines stated that citizens who do not have computer access can
visit 5 East Reed Street from 8:00 a.m. until 5:00 p.m. Ms. Haines explained that they carry all the
brochures at customer service.
Mr. Boggerty thanked Ms. Haines for her hard work and emphasized that she has always extended
grace to allow individuals to get help. Mr. Boggerty explained that several programs can assist
citizens in saving money which are funded through federal funding and grants, however, the
citizens must ask for help.
Ms. Patricia Marney, Interim Controller/Treasurer stated that the city currently has a Memorandum
of Understanding established with Health Initiative, Inc., as previously mentioned. While the city
does not allocate specific funding for these programs, they have chosen not to venture into social
services, recognizing that there are ample resources already available. However, should exploring
such avenues be of interest, it is certainly something they could consider.
Ms. Marney explained that some time ago, she proposed the implementation of a Help Dover
initiative to a former city manager. The concept involved a nominal additional charge, for example,
50 cents to a dollar, added to bills, which would contribute to funding such programs. Regrettably,
this proposal was declined. While there are alternative approaches, they have acknowledged and
utilized existing resources, emphasizing the importance of constituent involvement and follow-up.
Ms. Ann Smith, 132 Oakmont Drive, Dover, expressed concerns regarding seniors having to go
into customer service to sign documents to defer their payment. Ms. Smith stated that not all
seniors are able to do so, and she recommended gathering information from the senior citizens on
their electric services.
Ms. Haines stated that since COVID-19 if a customer has an email on file customer service will
email out extension requests. Ms. Haines also explained that customer service tries to keep
collection rates down, so those costs are not passed on to the ratepayers.
Responding to Mr. Rocha, Ms. Marney stated that they have tried to do surveys in the past, for
items like budget billing and preauthorized things, however, they never received any participation.
Page 863
Página 166
COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 23, 2024 PAGE 4
Item #12.
Ms. Marney stated that they placed inserts in with the bills to set up a services workshop, they had
people sign up, but no one showed up on the day of.
Responding to Mr. Rocha, Ms. Marney stated that they are limited to what they can send via email.
Ms. Marney explained that typically they encounter around 800 to 1,500 accounts per month,
which end up on the disconnect list. This number has significantly decreased since 2017, when it
used to be much higher. Before that, although the policy existed, it was not rigorously enforced.
There was a grace period and a balanced threshold in place. With 26,000 customers, even a modest
$100 left unpaid by each would amount to $2.6 million, burdening other ratepayers.
Upon Ms. Marney’s arrival in the city in 2013, they faced several million dollars in uncollectible
funds annually due to customers leaving without settling their accounts. However, by diligently
enforcing existing policies, they have managed to reduce this figure to roughly 1% of that amount
per year, equating to approximately $100,000 in write-offs annually. This is a significant
improvement from the million dollars they had to write off initially. While these policies may not
be popular, they have proven to be effective.
Ms. Marney emphasized that she has personal empathy for senior citizens, due to her father, which
compels her to go the extra mile to assist them. She stated there have been instances where they
have extended beyond their official duties, even making house calls to accommodate their needs.
For instance, she recalled a situation where someone needed their deposit refund urgently to attend
their father's funeral in Florida. She explained they expedited the process, and she delivered the
refund on her way home from work. Ms. Marney explained that their problem is that people are
not interacting with them.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection
the meeting adjourned at 6:38 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.
Proposed Ordinance #2024-07 – Amending Chapter 80 – Personnel, Article IV – Pension
Plans and Retirement Benefits (except Police), Division 3 – General Employee Pension Plan
(Councilman Anderson and Councilwoman Dr. Pillsbury)
Mr. Anderson gave a brief update on the ordinance.
Staff recommended approval of Proposed Ordinance #2024-07 as amended at the Special General
Employee Pension Plan Board Meeting on April 19, 2024.
Mr. Anderson stated that the General Employee Pension Plan Board is waiting for a legal review
after the April 19, 2024, meeting, which is why they do not have any amendments back from legal
counsel. Mr. Anderson explained that it was a very productive meeting and one of the
Page 864
Página 167
COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 23, 2024 PAGE 5
Item #12.
recommended changes is to add one member to the General Employee Pension Board. He
explained that this was fair because it does not give away the city's fiduciary responsibility. The
ordinance has been split into two different ordinances, the first part has moved forward for a first
reading, and it covers the two percent Cost of Living Adjustment (COLA), and the second part
contains policy changes that will move forward after a legal review. Mr. Anderson also explained
that a second phase will consist of the idea of providing catch-up, which would be a part of the
budget process.
Mr. Hare moved to recommend deferring action until the legal review is complete. The
motion was seconded by Mr. Neil and unanimously carried.
Discussion – Information Technology Improvements and Council Support (Larry
Josefowski, Information Technology Director)
Mr. Larry Josefowski, Information Technology Director reviewed the presentation titled
“Information Technology Update” (Attachment #1).
Committee action was not required.
Mr. Josefowski explained that some of the issues that the city faces are outdated switches slowing
down device performance, Wi-Fi connections that are not compatible with the demands of
everyday use, staffing shortages, and audiovisual concerns not within their official job duties.
Mr. Josefowski stated that they have collaborated with Kent County to troubleshoot and improve
the audiovisual systems. Mr. Josefowski stated despite their best efforts, limited resources pose
ongoing challenges, particularly concerning after-hours support and project completion. Without
sufficient staffing and budget allocations, sustaining optimal system performance remains a
considerable endeavor. While progress has been made in enhancing security and addressing
technical challenges, ongoing support, and investment are essential to maintaining and improving
the city’s infrastructure effectively.
Mr. Rocha stated that he appreciates Mr. Josefowski’s effort and work, however, some of the
functions that are not in his team's job description may need to be considered down the road.
Mr. Rocha stated that they need to figure out a way to update the system because the cameras work
but the audio needs updated. Mr. Rocha continued to state that he understands that it is not part of
their job description to provide technical support in the chamber and he appreciates their
assistance.
Mr. Anderson stated that council is a critical operation and if they do not do their job, then
everything else grinds to a halt. Therefore, although IT would not be expected to operate certain
parts of the operations, they are expected to support them. Mr. Anderson recommended having an
emergency call number for after-hours support when there is a system failure. Mr. Anderson
expressed appreciation for Mr. Josefowski bringing forth what technology upgrades are needed,
what needs to be budgeted for those upgrades, and whether there are better software programs that
can be utilized.
Responding to Mr. Anderson, Mr. Josefowski stated that issues with supply chains have become
increasingly better. Delivery times have gone from a year out for delivery to less than a month.
Page 865
Página 168
COUNCIL COMMITTEE OF THE WHOLE MEETING APRIL 23, 2024 PAGE 6
Item #12.
Responding to Mayor Christiansen, Mr. Josefowski stated that the terms of employment do say
that duties and responsibilities will be as assigned, however, he believes his team would be in the
right to ask for overtime or comp time for that time. Mr. Josefowski stated that another issue is
skillset, his team and himself are all IT generalists. Mr. Josefowski stated that they are willing to
help, however, they are not specialists. They could go through the training, but they have other
training that he feels is a higher priority for his team in terms of the city’s network.
Mr. Rocha moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(6) -
Discussion of the content of documents, excluded from the definition of “public record” in §
10002(o)(2) of this title where such discussion may disclose the contents of such documents.
The motion was seconded by Ms. Anderson and unanimously carried.
The Legislative, Finance, and Administration Committee recessed into Executive Session at 7:05
p.m.
The Executive Session adjourned at 7:29 p.m.
There was no action taken.
Enterprise Fund for BLS Emergency Transportation Costs (David S. Hugg, III, City
Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background for the enterprise fund for BLS
emergency transportation costs.
Staff recommended approval of Proposed Ordinance #2024-12.
Mr. Hare moved to recommend accepting the staff recommendation. The motion was
seconded by Mr. Neil and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 7:32 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing
no objection the meeting adjourned at 7:32 p.m.
William F. Hare
Council President
Attachments
Attachment #1 - “Information Technology Update”
Page 866
Página 169
ATTACHMENT Item #12.
#1
Council Committee of the Whole Meeting of 4/23/2024
Information
Technology
Update
Legislative/Finance
Committee
Larry Josefowski, Director
Page 867
Página 170
Item #12.
Connectivity/Performance
Issues
• Aging equipment being replaced
• Replaced/consolidated over 90% of our switches over
past 2 years
• Increased bandwidth of some connections 10x
• Replaced 2 Hyper-V hosts to increase server performance
• Additional equipment replacements on horizon
• WiFi devices nearing end of supported life
• Cat 5 cabling infrastructure (100Mbps vs. 1000Mbps)
• Lack of network management tools
• Recent outages
• Failed cable – partially worked when tested
• Internet-based attack caused brief outage
Page 868
Página 171
Item #12.
Audio/Visual Background
• Has not been an IT supported or funded tool
in past
• Base System Installed 2016
• Configured prior to explosion of remote
participation
• Not IT owned, supported, configured
Page 869
Página 172
Item #12.
Current State of Audio-
Visual System and Support
• Coordinated discussions with staff, vendors and Kent County
• Provide “Best Effort”
• Band-Aids to keep going
• Vendor discussions
• June 2023 – Provided quote for updates
• Provided some technical improvements
• Microphone updates - $14K
• Additional PC for input - $6K
• Other upgrades under consideration
• Better integration with conference software
• More accessible for all citizens
Page 870
Página 173
For the Record
Item #12.
Software
• Confirmed issues working with
same audio stream in different
programs.
• Version 6.2 no longer supported
• Recommended to purchase
version 7.7
• Open source solution had similar
issues
• On-Line training resources
available
Page 871
Página 174
Item #12.
After Hours Support
• Provide “Best effort” based on availability
• IT not staffed/budgeted for after-hours
support
• Audio-visual not area of expertise
• Possible union issues for techs
Page 872
Página 175
Item #12.
Back up slides
Page 873
Página 176
Item #12.
Attempted logins to City of Dover
Page 874
Página 177
Item #12.
City Hall rewiring
project
• Mixed wiring of Cat 5 and Cat 5e
• Difference is significant 100Mbps vs. 1Gbps
• Speed on affected PCs degrades to 100MB
• Cat 5 has less shielding, greater cross talk
especially when run in parallel
• WiFi devices nearing end of support
• Physical security enhancements
Page 875
Página 178
Item #12.
Future of Tyler Enterprise
Resource Planning (ERP)
• Current hold on further Tyler ERP deployment
• Decision letter to recommend reverting to HTE/Naviline
being finalized
• Attached presentation Implementation of Tyler ERP is in
year 6 of 2 year plan
• Costs for Tyler ERP are likely greater than listed
• Utility Billing unlikely work unless rates conform to Tyler
• Process likely to take ~2 years to revert, would increase
costs of HTE/Naviline during transition
• Would require HR third party solution
• provides more details
• Need legal review of contracts and amendments
Page 876
Página 179
Item #17.
COMMUNITY ENHANCEMENT FUND
Page 877
Página 180
Item #17.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2023 - JUNE 30, 2024
100-10-12-99-000-53037
Current
Balance- $ 11,200.00
BUDGETED COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER.
$ 25,000.00
AMOUNT THE PURPOSE OF THE FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
FINAL BUDGET TOTAL $ 25,000.00
COUNCIL TOTAL YEAR TO
DATE VENDOR DESCRIPTION P.O. #/INVOICE # BALANCE
SPONSOR CHARGES DATE
Councilman Anderson authorized the designation of $500.00 of his
Women and Children Email from David Anderson dated 05/24/2023 and
community enhancement funds to the Women and Children
7/10/2023 Anderson Transformation Ministry Email & Letter from William Snorton, Jr. received $500.00 $500.00 $24,500.00
Transformation Ministry International, Inc. for their Boys to Men
International, Inc. 05/23/2023
Development Program for Gas cards.
Councilman Anderson authorized the designation of $300.00 of his
Email from David Anderson dated 07/12/2023 and
7/12/2023 Anderson The 302 Movement community enhancement funds to The 302 Movement for the backpack $300.00 $800.00 $24,200.00
email from Tracey Weems dated 07/11/2023
program.
Councilman Boggerty authorized the designation of $200.00 of his Email from Andre Boggerty dated 07/17/2023 and
7/17/2023 Boggerty I Am Me, Inc. $200.00 $1,000.00 $24,000.00
community enhancement funds to I Am Me, Inc. for their ME Festival. email from Peirrce McCoy dated 07/17/2023
Council President Hare authorized the designation of $200.00 of his Email from Bill Hare dated 07/17/2023 and email
7/17/2023 Hare I Am Me, Inc. $200.00 $1,200.00 $23,800.00
community enhancement funds to I Am Me, Inc. for their ME Festival. from Peirrce McCoy dated 07/17/2023
7/18/2023 Jenmor Florist Void Void Void -$50.00 $1,150.00 $23,850.00
Councilman Lewis authorized the designation of $300.00 of his Email from Brian Lewis dated 07/25/2023 and email
7/25/2023 Lewis I Am Me, Inc. $300.00 $1,450.00 $23,550.00
community enhancement funds to I Am Me, Inc. for their ME Festival. from Peirrce McCoy dated 07/17/2023
Councilman Anderson authorized the designation of $200.00 of his Email from David Anderson dated 07/25/2023 and
7/25/2023 Anderson United Way $200.00 $1,650.00 $23,350.00
community enhancement funds to United Way for their "Book Bash." email from Kenyatta Livingston dated 07/25/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 07/25/2023 and
7/25/2023 Pillsbury United Way $250.00 $1,900.00 $23,100.00
community enhancement funds to United Way for their "Book Bash" email from Kenyatta Livingston dated 07/25/2023
Councilman Neil authorized the designation of $100.00 of his community Email from Fred Neil dated 07/25/2023 and email
7/25/2023 Neil United Way $100.00 $2,000.00 $23,000.00
enhancement funds to United Way for their "Book Bash" from Kenyatta Livingston dated 07/25/2023
Councilman Boggerty authorized the designation of $1,000.00 of his
The Inner City Cultural Email from Andre Boggerty dated 07/31/2023 and
7/31/2023 Boggerty community enhancement funds to The Inner City Cultural League for the $1,000.00 $3,000.00 $22,000.00
League email from Reuben Salters dated 07/25/2023
reasons stated in the email.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated 08/04/2023 and
8/4/2023 Anderson Yeshua Lighthouse community enhancement funds to The Yeshua Lighthouse for bookbags Email & Letter from Liana Pritchett received $250.00 $3,250.00 $21,750.00
for their community day 08/01/2023
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/07/2023 and
8/7/2023 Rocha United Way $200.00 $3,450.00 $21,550.00
community enhancement funds to United Way for their "Book Bash" email from Kenyatta Livingston dated 07/25/2023
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 08/12/2023 and email
8/14/2023 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $3,550.00 $21,450.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
(HOLA) for their Baila Con Dover Festival.
Councilperson Arndt authorized the designation of $200.00 of her
Hispanic Organization of Email from Tricia Arndt dated 08/14/2023 and email
8/14/2023 Arndt community enhancement funds to the Hispanic Organization of Latin $200.00 $3,750.00 $21,250.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
Americans (HOLA) for their Baila Con Dover Festival.
Page 878
Página 181
Item #17.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Anderson community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $4,000.00 $21,000.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Boggerty community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $4,250.00 $20,750.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Lewis authorized the designation of $300.00 of his
Hispanic Organization of Email from Brian Lewis dated 08/14/2023 and email
8/14/2023 Lewis community enhancement funds to the Hispanic Organization of Latin $300.00 $4,550.00 $20,450.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/18/2023 and
Hispanic Organization of
8/18/2023 Rocha community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $200.00 $4,750.00 $20,250.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated and Letter from Dr.
8/18/2023 Lewis DEMCO $150.00 $4,900.00 $20,100.00
community enhancement funds to DEMCO for their Book Bag giveaway. Linda Hackett dated 08/17/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 08/21/2023 and
Hispanic Organization of
8/21/2023 Pillsbury community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $5,150.00 $19,850.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Interdenomonational Councilman Boggerty authorized the designation of $300.00 of his Email from Andre Boggerty dated 08/25/2023 and
8/28/2023 Boggerty Ministerial Alliance of Dover community enhancement funds to the Annual Community Unity Family email from Bishop W. James Thomas, II dated $300.00 $5,450.00 $19,550.00
and Visinity (IMA) Day 08/22/2023
Councilman Boggerty authorized the designation of $1,000.00 of his
Email from Andre Boggerty dated 10/2/2023 and a
10/2/2023 Boggerty Parks & Recreation community enhancement funds to the Parks and Recreation Department $1,000.00 $6,450.00 $18,550.00
memo from Robin Eaton dated 09/26/2023
for the 50 Years of Hip Hop Event.
Councilman Rocha authorized the designation of $500.00 of his
Email from Gerald Rocha, Sr. dated 10/2/2023 and
10/2/2023 Rocha Parks & Recreation community enhancement funds to the Parks and Recreation Department $500.00 $6,950.00 $18,050.00
a memo from Robin Eaton dated 09/26/2023
for the 50 Years of Hip Hop Event.
Email from Julia Pillsbury dated 10/05/23 and an
Councilwoman Pillsbury authorized the designation of $250.00 of her
10/5/2023 Pillsbury Dover Police Department email from CPL Killen, City of Dover PD, dated $250.00 $7,200.00 $17,800.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Council President Hare authorized the designation of $600.00 of his Email from Bill Hare dated 10/05/23 and an email
10/5/2023 Hare Dover Police Department $600.00 $7,800.00 $17,200.00
community enhancement funds to the Hometown Holiday Event from CPL Killen, City of Dover PD, dated 10/05/23
Email from David Anderson dated 10/06/23 and an
Councilman Anderson authorized the designation of $550.00 of his
10/6/2023 Anderson Dover Police Department email from CPL Killen, City of Dover PD, dated $550.00 $8,350.00 $16,650.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Email from Andre Boggerty dated 10/14/23 and an
Councilman Boggerty authorized the designation of $200.00 of his
10/16/2023 Boggerty Dover Police Department email from CPL Killen, City of Dover PD, dated $200.00 $8,550.00 $16,450.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Councilman Neil authorized the designation of $500.00 of his community Email from Fred Neil dated 11/06/23 and an email
11/6/2023 Neil Dover Police Department $500.00 $9,050.00 $15,950.00
enhancement funds to the Hometown Holiday Event from CPL Killen, City of Dover PD, dated 10/05/23
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated 11/14/23 and a flyer
11/14/2023 Lewis Tracy Palmer Ministries $150.00 $9,200.00 $15,800.00
community enhancement funds to the Community Thanksgiving Dinner from the Tracy Palmer Ministries
Councilman Rocha authorized the designation of $200.00 of of his Email from Gerald Rocha, Sr. dated 11/27/2023
11/27/2023 Rocha United Way of Delaware community enhancement fund to United Way of Delaware Wonderland and email from Kenyatta Livingston dated $200.00 $9,400.00 $15,600.00
Coat and Toy Drive 11/27/2023
Councilman Anderson authorized the designation of $100.00 of of his
Email from David Anderson dated 11/27/2023 and
11/27/2023 Anderson United Way of Delaware community enhancement fund to United Way of Delaware Wonderland $100.00 $9,500.00 $15,500.00
email from Kenyatta Livingston dated 11/27/2023
Coat and Toy Drive
Central Delaware Habitat for Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and email
12/13/2023 Arndt $250.00 $9,750.00 $15,250.00
Humanity community enhancement fund to Central Delaware Habitat for Humanity from Timothy M. Bailey dated 12/12/2023
Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and letter
12/13/2023 Arndt People's Place $250.00 $10,000.00 $15,000.00
community enhancement fund to People's Place from Mamie Charest dated 12/11/2023
I Am My Sisters Keeper Councilman Boggerty authorized the designation of $750.00 of his Email from Andre Boggerty dated 01/11/2024 and
1/11/2024 Boggerty $750.00 $10,750.00 $14,250.00
(MSK) community enhancement funds to I Am My Sister's Keeper (MSK-Dover) an email from Marcille "Dee" Sewell, dated 1/11/24
Page 879
Página 182
Item #17.
Councilman Lewis authorized the designation of $200.00 of his
Email from Brian Lewis dated 02/14/24 and flyers
2/14/2024 Lewis Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the $200.00 $10,950.00 $14,050.00
from the Tracy Palmer Ministries
Elizabeth W. Murphey School
Councilman Rocha authorized the designation of $300.00 of his Email from Gerald Rocha, Sr. dated 02/21/24 and a
2/21/2024 Rocha Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the letter from the Tracy Palmer Ministries dated $300.00 $11,250.00 $13,750.00
Elizabeth W. Murphey School 02/18/24
Council President Hare authorized the designation of $250.00 of his Email from Bill Hare dated 02/24/24 and an email &
2/26/2024 Hare Zeta Rho Lambda $250.00 $11,500.00 $13,500.00
community enhancement funds to the Zeta Rho Lambda Chapter 5K letter from Dana T Shelton, dated 02/13/24
Councilman Anderson authorized the designation of $350.00 of his
The Inner City Cultural Email from David Anderson dated 02/28/24 and
2/29/2024 Anderson community enhancement funds to The Inner City Cultural League for the $350.00 $11,850.00 $13,150.00
League letter/email from Kathrina Stroud dated 02/27/24
reasons stated in the email.
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 04/01/24 and email from
4/1/2024 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $11,950.00 $13,050.00
Latin Americans (HOLA) Anthony (Tony) Velazquez dated 03/29/24
(HOLA) for their Baila Con Dover Festival.
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 04/01/24 and
Hispanic Organization of
4/1/2024 Boggerty community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $12,200.00 $12,800.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 03/29/24
Email from Gerald Rocha, Sr. dated 04/19/24 and a
Councilman Rocha authorized the designation of $300.00 of his
4/19/2024 Rocha Tracy Palmer Ministries letter from the Tracy Palmer Ministries dated $300.00 $12,500.00 $12,500.00
community enhancement funds to the Tracy Palmer Ministries.
04/19/24
Councilman Lewis authorized the designation of $500.00 of his Email from Brian Lewis dated 04/23/24 and an
Hispanic Organization of
4/23/2024 Lewis community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $500.00 $13,000.00 $12,000.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 03/29/24
Councilman Lewis authorized the designation of $300.00 of his
Email from Brian Lewis dated 04/23/2024 and letter
4/23/2024 Lewis Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $300.00 $13,300.00 $11,700.00
from Elizabeth Daniels dated 04/23/2024.
Celebration
Councilman Boggerty authorized the designation of $250.00 of his
Email from Andre Boggerty dated 04/23/2024 and
4/23/2024 Boggerty Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $250.00 $13,550.00 $11,450.00
letter from Elizabeth Daniels dated 04/23/2024.
Celebration
Email from Andre Boggerty dated 04/23/24 and a
Councilman Boggerty authorized the designation of $200.00 of his
4/23/2024 Boggerty Tracy Palmer Ministries letter from the Tracy Palmer Ministries dated $200.00 $13,750.00 $11,250.00
community enhancement funds to the Tracy Palmer Ministries.
04/19/24
Councilman Neil authorized the designation of $50.00 of his community Email from Fred Neil dated 04/23/2024 and letter
4/23/2024 Neil Elizabeth Daniels $50.00 $13,800.00 $11,200.00
enhancement fund to Elizabeth Daniels for the Juneteenth Celebration from Elizabeth Daniels dated 04/23/2024.
TOTALS $13,800.00 $ 11,200.00
Budgeted
District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Boggerty $4,400.00 $600.00
$2,500.00 1st District Pillsbury $750.00 $1,750.00
$2,500.00 1st District Rocha $1,700.00 $800.00
$2,500.00 2nd District Hare $1,050.00 $1,450.00
$2,500.00 2nd District Lewis $1,900.00 $600.00
$2,500.00 3rd District Arndt $700.00 $1,800.00
$2,500.00 3rd District Neil $850.00 $1,650.00
$2,500.00 4th District Anderson $2,500.00 $0.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $13,850.00 $11,150.00
Page 880
Página 183
Item #18.
CITY MANAGER’S
MONTHLY REPORT
March 2024
Page 881
1
Página 184
Item #18.
Blank
Page
Page 882
2
Página 185
Item #18.
Page 883
3
Página 186
Item #18.
Page 884
4
Página 187
Item #18.
CENTRAL SERVICES MONTHLY REPORT
March 2024
PROCUREMENT & INVENTORY DIVISION
Purchase Orders for Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $2,618,773.41 55.7%
Water $142,208.98 70.1%
Wastewater $769.13 100.0%
General $105,284.97 32.8%
Total $2,867,036.49 55.6%
Issues from Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $1,793,119.41 17.1%
Water $83,046.76 49.0%
Wastewater $0.00 N/A
General $100,588.12 -1.9%
Total $1,976,754.29 17.5%
Bids/RFPs Solicited
FY 2024 to Date Difference from FY 2023
31 58.1%
Money Spent for Postal Services
FY 2024 to Date FY 2023 to Date
$129,092.04 $126,814.05
Fuel Usage
Type FY 2024 to Date FY 2023 to Date
Unleaded 111,679 106,809
Diesel 57,971 59,302
Dollars Spent $464,981.94 $548,995.91
Page 885
5
Página 188
Item #18.
Warehouse Stock Value
FY 2024 FY 2023
$3,684,482.61 $3,014,645.70
Purchase Orders for Stock are up 55.6% compared to this time last year.
Issues from Stock are up 17.5% compared to this time last year.
Bids/RFP's are up 58.1% compared to this time last year.
Postal Expenses are up 1.8% compared to this time last year.
Fuel Costs are down 18.1% compared to this time last year.
Overall warehouse value is up 18.2% compared to this time last year.
FLEET DIVISION
PM Work Orders Scheduled: PM Work Orders Total Work Orders PM &
34 Completed: 37 Repair: 91
Total Hours Turned: 274.75 Excess Hours Turned: 0 Time Unaccounted For: 51.6
MEASURE March 2024 March 2023
Completed PM's 37 52
DIFFERENCE -28.85%
There were 34 PM's scheduled for this month. A total of 37 PM's were completed along with 54
repair work orders. There were a total of 91 work orders completed.
Page 886
6
Página 189
Item #18.
FACILITIES DIVISION
Routine Work Orders Emergency Work Orders
Completed: 66 Completed: 4
City-owned Facility Work Events & Support Work
Orders: 65 Orders: 5
MEASURE March 2024 March 2023
Completed Work Orders 70 54
DIFFERENCE 29.63%
There were 70 routine and emergency Work Orders completed during this month. The work
orders consisted of 65 for maintenance and repair of City-owned facilities and 5 related to events
and other support work.
Central Services Narrative
The Warehousing & Procurement office continues to see inflated costs and excessive lead times.
Facilities staff has been busy with routine work orders.
Fleet is operating as normal at this time.
Page 887
7
Página 190
Item #18.
CENTRAL SERVICES PROJECT UPDATE
March 2024
FY/PROJECT NUMBER DEPARTMENT STATUS
CENTRAL SERVICES
FC2303 COMPLETE!
CITY HALL WINDOWS
3rd floor complete and 2nd
floor is underway. 2nd
ELECTRIC
EA2204 floor abatement is complete
WEYANDT HALL HVAC
and equipment install has
begun.
CENTRAL SERVICES
FC2402 COMPLETE!
CITY HALL EXTERIOR PAINT
Roof is complete and doors
CENTRAL SERVICES
CS2405 are installed. Awaiting door
WASH BAY ROOF & DOORS
pressure strips.
Construction has begun and
WATER WASTE WATER WTP
WD2409 we are currently awating
RENOVATIONS
HVAC quotes.
Page 888
8
Página 191
Item #18.
Recap of monthly activities / notations –
As of March 31, 2024 the City of Dover served 24,935 electric utility customers and 13,158 water utility customers
as compared to 2023, which represents 24,918 and 13,076 respectively. These figures were tabulated from the
monthy utility bill summary report which tracks billing across all utility bill rate classifications.
2,275 phone calls were answered in the month of March by 6 staff members of customer service.
There are 3 properties set to go to monitions sale in April 2024, they are 645 Nimitz RD, 233-239 W Loockerman
ST, and 311 Cold Spring PL.
Receivable Comparison FY 2023 to Utility Disconnections for March 2024
FY2024 to date (March 2024) Compared
444 accounts were disconnected for non-payment of service.
to the same time last year the City had
open receivables of $7,034,296.72 vs Total receivable collected through the disconnection process $205,336.09
$9,709,232.37. Ending Utility Receivable Due - $7,039,445.18
Customer Service Department Mission
Continually provide quality public service to our diverse group of customers with Page 889
professionalism, respect, & integrity. ~ City of Dover Customer Service Department
9
Página 192
Item #18.
Number of Deeds Stamped for
Transfer Tax Dollar Amount for
the Month of March 2023/2024
the Month of March 2023/2024
32 29 $400 $336
35
Thousand
30 22
25 $125
20 14 13 12 $200
s
15 $73 $57 $54 $18
10 3 4 4 $28 $0
0 2023 2023
5 $0
0 2024 2024
First Time Buyer for the Month March 2023/2024 Realty
of March 2023/2024 Property Sales in Dollars
Received Prior to Recording
40 32
29 $22
$25
30 22 $20
Millions
Res. Non-First $8
$15
$10 $5 $8 $4 $4 $0 $1
20 14 Time Buyers $5
2023
$0
Res. First Time 2024
10
Buyers
0
2023 2024
Major Updates
January February March
Assessment Change $100,330 $0 $5,666,900
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
30 $4,669,000 $7,619,200 0.61 1.05
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
Page 890
10
Página 193
Item #18.
Tax Office
Wild Meadows / Persimmon Park Place Home Sales for March 2024:
Property Address Assessed Value Sales Price
N/A N/A N/A
Supplemental Billing
- April Supplemental bills were generated totaling $3,125
Page 891
11
Página 194
012ÿ445ÿ6768
7ÿ0 0ÿ20
9 ÿ ÿÿ21
22 ÿ 10ÿ4ÿÿÿÿÿÿ
9068
102 @AB C9 02 C@ 2A 2 0209C 0ÿ0112 0ÿ 12 9 02
!"#! "' (" 'ÿ*+,-ÿ.- " "% "$'' # ## : 32 ÿÿÿÿÿ#%$?% #'+3(#& ÿÿÿÿÿ%$? ÿ!
!$%&"! % (" #ÿ/01ÿ23445ÿ( " "% "$' # #" : 32 ÿÿÿÿÿ# ?" #'+3(#& ÿÿÿÿÿ% ? ÿ!
!"""" ! " (" $ÿ-((5ÿ.0( " "$ # "$%$ . 32 ÿÿÿÿÿ#%? "+3(#& ÿÿÿÿÿ% $?$ ÿ!&
!"%"#$! % (" &$ÿ/(,-60.7ÿ.- " "$ # #%&# :> 32 ÿÿÿÿÿ#&?# ##+3(#& ÿÿÿÿÿ&? ÿ!#
!"&"#! "' (" "ÿ+(081ÿ( " "$ # #%% : < ÿÿÿÿÿ#&'? #+3(#& ÿÿÿÿÿ# $? ÿ!'$
!"%'! # (" #ÿ+.7ÿ( " "& "$ " "#'" . 32 ÿÿÿÿÿ""$? +3(#& ÿÿÿÿÿ# ? ÿ!&%
!"'%! " (" "%ÿ9(8+ÿ( " "$'% # #" : 32 ÿÿÿÿÿ#"?# #$+3(#& ÿÿÿÿÿ%"? ÿ!
!#% ! ' (" %ÿ1ÿ:(398(ÿ,- " " "$ # "%%& . 32 ÿÿÿÿÿ"#'?$ #"+3(#& ÿÿÿÿÿ# ? ÿ!
'!""%! "% (" 'ÿ+044(ÿ( " " "$$ " "$# . 32 ÿÿÿÿÿ" #? ##+3(#& ÿÿÿÿÿ"? ÿ"!""
'!""! "% (" ÿ10+0-;ÿ( " "& "$ % " "" . 32 ÿÿÿÿÿ"%?# #+3(#& ÿÿÿÿÿ# ? ÿ!
'!"%"'! "% (" $$&ÿ:8<<,ÿ( " "& "$& " "' . 32 ÿÿÿÿÿ"%'?& ##+3(#& ÿÿÿÿÿ"&$? ÿ!$%
'!"%! "% (" $ÿ+.8644ÿ( " "& "$ " ""# . 32 ÿÿÿÿÿ"%? "#+3(#& ÿÿÿÿÿ""$? ÿ"!"
'!"%"&!# " ( "%ÿ.*3-*3+ÿ.- " "% "$'' # #"% : 32 ÿÿÿÿÿ"%&? #+3(#& ÿÿÿÿÿ#""? ÿ!&
'!"%"&'! "% (" "'ÿ:=.7,81ÿ( " "& "$& " " #' . 32 ÿÿÿÿÿ" #?' "+3(#& ÿÿÿÿÿ%? ÿ!'
'!" " ! ' (" %"ÿ63,*01<-81ÿ,- " " "$ # "#&' . < ÿÿÿÿÿ"#'?# &+3(#& ÿÿÿÿÿ#"? ÿ!&$
!%#" ! "& (" %# ÿ/3(3ÿ( " ' # # "' .> 32 ÿÿÿÿÿ" ?' # +3(#& ÿÿÿÿÿ#'? ÿ!
!&#$! # (" &"#ÿ,ÿ<(1:((5ÿ41 " "% #"" % #"% .> 32 ÿÿÿÿÿ"''?$ +3(#& ÿÿÿÿÿ#$? ÿ!&
!#"!"% ( ""ÿ.*3,ÿ*344ÿ " # "$ % " $%$ : < ÿÿÿÿÿÿ#? '+3(#& ÿÿÿÿÿ"%$? ÿ!&
12
Page 892 Item #18.
Página 195
012ÿ445ÿ6768
7ÿ0 0ÿ20
9 ÿ ÿÿ21
22 ÿ 10ÿ6ÿÿÿÿÿÿ
9068
102 456 79 02 74 25 2 02097 0ÿ0112 0ÿ 12 9 02
!"#" $ $# % & %ÿ()*ÿ+,--ÿ %$ %.! % %%/ 0 ÿÿÿÿÿÿ!$1! $% 2,& $ ÿÿÿÿÿ%31 ÿ#.
13
Page 893 Item #18.
Página 196
012ÿ445ÿ6768
7ÿ0 0ÿ20
9 ÿ ÿÿ21
22 ÿ 10ÿÿÿÿÿÿÿ
9068
102 ?@A B9 02 B? 2@ 2 0209B 0ÿ0112 0ÿ 12 9 02
!"#$%!&!' $ ( &&'ÿ*ÿ+,*ÿ-. "#% 4! 9( ÿÿÿÿÿÿ#>& &!<5(!& ÿÿÿÿÿ&> ÿ$&
!"#$&!'!#'$ & (& ""ÿ/ÿ*0(.1ÿ-. &% ' $ & 4! 9( ÿÿÿÿÿÿ%%>" !<5(!& ÿÿÿÿÿÿ > ÿ$'
!"#$'!!""$ ( '&ÿ*0(.10/*ÿ( ' && & %% 4= 58 ÿÿÿÿÿ %> '!<5(!& ÿÿÿÿÿ& > ÿ$#'
!"#$'! !'$ ( &'ÿ*0(.10/*ÿ( ' & & % # 4= 58 ÿÿÿÿÿ '>" &!<5(!& ÿÿÿÿÿ&> ÿ$"
!""$ !'!&$ (& ÿ-ÿ*/ÿ-. &% & %& 4 58 ÿÿÿÿÿ&'> %!<5(!& ÿÿÿÿÿ&&> ÿ$ #
!""$"!%!#$ # ( ''ÿ23,405.ÿ-. &% ' & 2! 58 ÿÿÿÿÿ&#>" "!<5(!& ÿÿÿÿÿ''> ÿ$##
!""$'!&!"$ ( ÿ-5465(5467*ÿ58 ' # % 4! 58 ÿÿÿÿÿ'>% !<5(!& ÿÿÿÿÿ% > ÿ$"%
!""$"!!# $ ( 'ÿ-ÿ2(590(ÿ-. '% & 4! : ÿÿÿÿÿ '> !<5(!& ÿÿÿÿÿ&& > ÿ$#%
!""$%!&!%$ ( %ÿ8(:(*ÿ( & # 4 58 ÿÿÿÿÿ >% &&!<5(!& ÿÿÿÿÿ&> ÿ$#&
!% $%!!$ & ( "#ÿ1033;ÿ( % %% 4 58 ÿÿÿÿÿ&> &%!<5(!& ÿÿÿÿÿ&%> ÿ$#
!% $&!'! $ & ( ' ÿ<7<0-5ÿ58 "& "#% 4 9( ÿÿÿÿÿ #># %!<5(!& ÿÿÿÿÿ&> ÿ$
14
Page 894 Item #18.
Página 197
Item #18.
For the month of March 2024, the Electric Department contributed to the quality of life for all our
customers.
The city experienced a system peak of 89.4 megawats, a decrease of 6.2 megawats from last month
and a 2.6 megawat decrease from the same month last year.
There was a total of 6 outages for the month affec�ng a total of 3,444 customers with an average outage
�me of 119 minutes.
Project Updates:
The department con�nues to work in Towne Point, Verona Woods, Rojan Meadows, and we are tes�ng
all electric poles in the city. City crews have tested approximately 2500 poles with a failure rate of 2.4%
or 60 poles. The Department has received all LED roadway lights to replace the roughly 2000
conven�onal lights installed in the city. So far there have been approximately 700 lights replaced around
the city.
Work at the Garrison Oak Technical Park substa�on con�nues and is s�ll es�mated to be complete in
May. Work at McKee Genera�on Sta�on is progressing well. The City held a town hall mee�ng at
Fairview Elementary on March 19th. In atendance were Mayor Chris�ansen, Councilman Rocha, Electric
Director Waddell and four members of Total Wrecking & Environmental. Approximately 25 residents
atended to ask ques�ons and the majority had a posi�ve outlook a�er the hour-long forum.
Van Sant was not called on for dispatch for the month of March.
FY 24 YTD Outages and Response Time:
Total – 67 Average Response Time – 31.55 (Goal – Less than 30 minutes)
Sta�s�cs: 3-year average: FY Average:
Average Interrup�on
Dura�on Index (SAIDI) 173.3 minutes 57.12 minutes
Goal – Not to exceed 100 mins
System Average Interrup�on
Frequency Index (SAIFI) 1.7 per cust .56 per cust
Goal – Not to exceed 1 per customer
Customer Average Interrup�on
Dura�on Index (CAIDI) 9.9 minutes 102.1 minutes
Lost Time Accidents – Workorders Generated –
Current Month – 0 Total FY – 0 Current Month – 129 Total FY – 1,600*
*This number is corrected due to an error in previous counts.
Page 895
15
Página 198
Item #18.
FY24
Historical Peak Load
180
160
140
120
100 2022
Megawatts
80 2023
2024
60
40
20
0
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Page 896
16
Página 199
Item #18.
HUMAN RESOURCES
March 2024
City of Dover Human Resources Mission Statement:
The City of Dover’s Human Resources Department strives to provide quality service to assist
our greatest asset, our employees. Equity, Integrity, and Urgency is our focus to ensure
employee satisfaction as well as company wellness. We implement policies and procedures that
align with organizational goals, including a safe and compliant workplace, effective training
and professional development, and addressing both the needs of employees and the
organization.
City of Dover Human Resources Value Statement:
Innovation: We strive to include best HR practices to enhance a robust technological movement
to enhance the quality and efficiency of the department.
Collaboration: We honor knowledge sharing, diversity of thoughts and ideas, and experiences to
encourage an inclusive workforce.
Integrity and Transparency: We honor our commitments and promote a healthy environment that
promotes fairness, honesty, respect, and trust.
Results Driven: Customer service is front and center, and we advocate for employees' and
retirees’ needs at all times.
MARCH SUMMARY:
March Hiring Trends FY24: The month of March shows a small increase in the hiring rate to
include 7 new hires. The positions hired include 6 full-time roles and 1 part-time role.
March Voluntary Termination/Involuntary Termination Trends FY24: In the month of
March, there were 4 voluntary and 0 involuntary terminations.
Page 897
17
Página 200
Item #18.
HUMAN RESOURCES
MARCH EEO DATA
EEO DATA
AMERICAN INDIAN ASIAN BLACK CAUCASIAN HISPANIC OTHER RACE
2% 1%
4% 2%
14%
77%
AMERICAN INDIAN 2%
ASIAN 1%
AFRICAN AMERICAN 14%
CAUCASIAN 76%
HISPANIC 2%
OTHER RACE 4%
Page 898
18
Página 201
Item #18.
HUMAN RESOURCES
MARCH EEO DEMOGRAPHICS
EEOC DEMOGRAPHICS
94
MINORITY
293
CAUCASIAN
CAUCASIAN 293
MINORITY 94
Page 899
19
Página 202
Item #18.
HUMAN RESOURCES
MARCH GENDER REPORT
Gender Report
FEMALE MALE NONBINARY
0%
26%
74%
MALES 74%
FEMALE 26%
NON-BINARY 0%
Page 900
20
Página 203
Item #18.
HUMAN RESOURCES
FULL-TIME VS. PART-TIME EE’S
FULL TIME vs PART TIME
450
387 388 387
400
356 358 362
350
300
250
200
150
100
50
0
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME PART TIME TOTAL EE'S
Numbers do not reflect temporary, seasonal, relief fire dispatchers, committee, or council members.
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME 356 358 362
PART TIME 31 30 25
TOTAL EE'S 387 388 387
Page 901
21
Página 204
Item #18.
HUMAN RESOURCES
INTERNAL EE AGE DEMOGRAPHICS
AGE DEMOGRAPHICS
18-24 7%
25-34 26%
35-44 21%
45-54 24%
55-64 18%
65+ 5%
0% 5% 10% 15% 20% 25% 30%
AGE PERCENTAGE
18-24 7%
25-34 26%
35-44 21%
45-54 24%
55-64 18%
65 + 5%
Page 902
22
Página 205
Item #18.
HUMAN RESOURCES
HIRING DETAILS
Position Hired: 1 FT Electrical Engineer, 1 FT MEO, 4 FT Police Patrolman Academy, 1 PT
Library Clerk
Transferred/Promoted: 0
Position Terminated/Resigned/Retired/Other: 0
Terminal Leave: N/A
MARCH VACANT POSITIONS
VACANT POSITIONS BY DEPT. MAR-24
CAMP COUNSELOR I/PARKS AND RECREATION FT/SEASONAL
ARBORIST/PARKS AND RECREATION FT
MOTOR EQUIPMENT OPERATOR II/ WATER, WASTEWATER DIVISION FT
MOTOR EQUIPMENT OPERATOR I/PUBLIC WORKS FT
ANIMAL CONTROL OFFICER/ POLICE FT
INSPECTOR I - CODE ENFORCEMENT/DEPT OF PLANNING, INSPECTIONS, & COMMUNITY DEV FT
CIVIL ENGINEER I/WATER, WASTEWATER DIVISION FT
MOTOR EQUIPMENT OPERATOR I/WATER, WASTEWATER DIVISION FT
SERVICE CENTER CLERK/PARKS AND RECREATION DEPARTMENT PT
UTILITY MAINTENANCE MECHANIC I (IN HOUSE)/WATER, WASTEWATER DIVISION FT
LIBRARY CLERK/DOVER LIBRARY PT
ENVIRONMENTAL SCIENTIST/PUBLIC WORKS FT
BUILDING SUPERVISOR - 2 POSITIONS/PARKS AND RECREATION DEPT PT
VICTIM SERVICES ADVOCATE/POLICE PT
PAYROLL SPECIALIST/FINANCE FT
PLANNING & COMMUNITY DEVELOPMENT DIRECTOR/PLANNING DEPT FT
PARKING ENFORCEMENT OFFICER/POLICE DEPT FT
PLANNER II/PLANNING DEPT FT
HUMAN RESOURCES GENERALIST FT
FINANCIAL REPORTING & ACCOUNT MANAGER/FINANCE FT
POLICE CADET/POLICE DEPT PT
PT (AS
RELIEF FIRE DISPATCHER/FIRE DEPT NEEDED)
*Not used for Budgeting Purposes
Page 903
23
Página 206
Item #18.
HUMAN RESOURCES
TURNOVER STATISTICS
Monthly
Number of Average Quarterly Annual
Turnover
Month Separated Number of Turnover Turnover
Rates
Employees Employees Rates Rate
(Percentage)
January 0 387 0.0%
February 1 388 0.3%
March 4 387 1.0% 1.3%
April 0 1 0.0%
May 0 1 0.0%
June 0 1 0.0% 0.0%
July 0 1 0.0%
August 0 1 0.0%
September 0 1 0.0% 0.0%
October 0 1 0.0%
November 0 1 0.0%
December 0 1 0.0% 0.0% 1.3%
Page 904
24
Página 207
Item #18.
HUMAN RESOURCES
Monthly Turnover Rates (Percentage)
1.2%
1.0%
1.0%
0.8%
0.6%
0.4%
0.3%
0.2%
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
0.0%
Page 905
25
Página 208
Item #18.
HUMAN RESOURCES
Quarterly and Annual Turnover Rates
1.4%
Q1, 1.3% Annual, 1.3%
1.2%
1.0%
0.8%
0.6%
0.4%
0.2%
Q2, 0.0% Q3, 0.0% Q4, 0.0%
0.0%
Page 906
26
Página 209
Item #18.
HUMAN RESOURCES
MARCH WORKER’S COMPENSATION DATA
Feb- Mar-
MONTH 24 24
WORKERS COMP INJURY DETAIL 5 2
Worker's Compensation Cost March 2024
Total 8524.2
Streets 212.25
Power Plant 1123.13
Police 239.06
Grounds 2170.31
Electric 4779.45
Respectfully Submitted by H. Naomi Poole
Page 907
27
Página 210
Item #18.
Information Technology Department
March 2024 Report
Larry Josefowski, Director
Training: I attended “Understanding Targeted Cyber Attacks”, a course taught by FEMA during the month. It
was a high-level course into how and why attacks occur. It was geared towards more of the manager/executive
level more so than a technical course. It would be very appropriate for City executives to attend to get a
perspective of what is involved and what steps should be taken before, during, and after an attack.
Network Security: The City Council Meeting on March 26th was interrupted by an interruption in our Internet
connection. This was caused by a cyberattack, but our network protection devices quickly reacted, disabled
connections from where the attacks were coming from, which restored our connection.
We were approved for a grant at the state level for a network monitoring tool, and we have been given a trial
version as we wait for funding to arrive. The tool was very helpful in identifying the nature of the attack but has
been very good at identifying other operational issues with the equipment. We expect to have the full version in
the June timeframe.
We also continue to work on network updates. A budget transfer was requested to purchase equipment which
should complete this project before the end of the budget year.
Tyler Enterprise ERP: Discussions with staff stakeholders and others continue regarding our next steps regarding
our Enterprise Resource Planning system. A decision paper is being drafted with recommendations and should
be completed next month.
Metrics:
System/Security Scores: While there hasn’t been much movement in this metric, which is a measurement of
how Microsoft’s security and compliance areas are implemented, we have seen a small increase. We have
increased some of our licensing levels, which allows us to increase the security in some areas.
VOIP Phone Quality: This measures several aspects of calls made to and from our system. VOIP systems run
through our network, and we’ve replaced equipment and identified some configuration issues that may
contribute to the increase in quality. We’ll be monitoring this over the next couple of months to see if remains at
this level, but 80% is the acceptable threshold.
# of Tickets: This metric can be somewhat contradictory: An increase in the number of tickets could mean a
system that is having issues, or that the team is capturing more of the work that comes in. I tend to believe it is
the latter. When short-staffed, tickets tend to decrease as people move on to the next issue before
documenting their work, especially if the person did not put a ticket in themselves.
I think this is validated by the next metric.
Time to Close incidents: This metric measures the average time an incident is open and has been decreasing
since we were fully staffed. This reflects, I believe, a significant number of incidents that have been handled in
the past without being entered, as there were other incidents that may have taken priority.
Page 908
28
Página 211
Item #18.
System Security Scores VOIP Phone Quality
80% 95%
70%
60% 90%
50%
40% 85%
30%
20% 80%
75%
Microsoft Compliance Score
Microsoft Security Store Call Legs quality
# of Tickets/Incidents Time to close incidents
140 22 d 0 h
130
19 d 0 h
120
110 16 d 0 h
100 13 d 0 h
90 10 d 0 h
80
7d0h
70
60 4d0h
50 1d0h
Page 909
29
Página 212
Reference Transactions
March 2024 Item #18.
Adults 717
Teens 96
Children 230
0 250 500 750 1000 1250 1500 1750 2000
* Electronic Materials include Overdrive & Hoopla starting July 2022
Circulation March '24 FYTD '24 March '23 FYTD '23
City of Dover Residents 9,970 92,432 10,682 93,123
* Electronic Materials 5,144 46,780 4,516 39,364
Kent County Residents 10,218 87,296 7,773 65,387
Non-County Residents 1,388 12,174 1,173 10,961
New Library Registrations
City of Dover Residents 233 2,022 254 2,157
Kent County Residents 118 1,241 115 1,012
Non-County Residents 4 59 4 44
Registered Library Users as of 03/31/2024 Registered Library Users as of 03/31/2023
City of Dover Residents 18,874 16,847
Kent County Residents 8,461 6,733
Non-County Residents 665 597
TOTAL 28,000 24,177
Other
Visitors 15,044 130,144 16,716 124,184
Meeting Room Attendance 2,399 24,712 2,696 17,935
Number of Computer Users 1,798 15,406 1,680 14,172
Number of Wireless Computer Users 1,559 13,972 1,666 13,295
Inter/Intralibrary - Loaned 45 58
Inter/Intralibrary - Borrowed 78 87
Holds Sent 2,825 3,021
Holds Received 1,488 2,217
TOTAL 4,436 42,664 5,383 44,489
Tech Services/Items Added 1,178 1,655
Tech Services/Items Deleted 1,011 1,175
Passport Services/Customers 280 2,187 451 2,287
Passport Services/Revenue $11,379 $86,895 $18,106 $92,589
Monthly Highlights
►771 attended 65 programs for adults.
►219 attended 11 program for teens.
►1,017 attended 36 programs for children.
► 0 volunteers.
Program Spotlight
Page 910
30
Página 213
Item #18.
Parks & Recreation
Monthly Report - March 2024
Parks & RecreaƟon Highlights
Five Park Projects Update
Dover Park Building and Spray Pad progress con nues. Staff con nues to document progress.
All Accessible Playground staff is mee ng with site contractor regarding grading of the area.
SchuƩe Park Dog Park Completed. We expect to add dog water fountains this spring.
Skate Park in progress as noted in the FY25 CIP list.
John W. PiƩs RecreaƟon was the home for our annual Egg Hunt as Mother Nature did not cooperate with
an outside event. An es mate 150 children s ll joined in the fun.
EggciƟng News egg hunt contest has been a lot of fun. We’ve hidden 5 golden eggs in our park system for families
to find. Winners will receive $25 off a Parks & Recrea on program. Can you find the golden egg?
Summer RecreaƟon Day and Sports Camps are in progress. Pos ng for those and our other summer ac vi es has
begun including our Spring & Summer Performing Arts Series.
Outdoor Sports & Leagues
Recreation Revenue Breakdown ParƟcipant & Spectator Count
AcƟvity ParƟcipants Spectators LocaƟon
Mens Senior So ball 200 40 Schu e Park
Church League So ball 300 75 Schu e Park
Girls So ball 75 25 Dover Park
March 2024 March 2023
$1,883.00 Eggci ng News
General Recrea on $1,298.00 General Recrea on
Leagues $7,520.00 Special Event/Sponsor $1,300.00 (egg pics)
Sports $3,155.00 Leagues $8,000.00
Park Permits/Rentals $660.00 Sports $1,540.00
Camps $3,815.00 Park Permits/Rentals $650.00
Parks & RecreaƟon March FYTD March FYTD
Programs 24 24 23 23
General Recrea on 425 2,131 453 2,293
Open Gym 437 2,026 378 1,563
Sports 0 1,512 0 1,687 JC Jester w/Easter Bunny
Leagues (Inside) 0 26,282 233 24,586 AKA: Cody Slavych
Bldg, Field, Facility permits 5 75 * 53
*Mark your calendars for Bike to Work Day ‐ Dover: May 16*
Page 911
31
Página 214
Item #18.
Grounds Monthly Report
Mar-24
Arborist Crew: Arborist Crew
- Alley trimming Tree Work Completed
- Street tree maintenance Tree's Trimmed 31
- Assisted Street Division with root pruning Tree's Removed 9
for sidewalk replacement Root Pruning 2
Stumps Removed 16
Beautification Crew: Trees Planted 0
- Assisted with alley trimming
- Mulched Library and Development flower beds
- Flower bed maintenance
Mowing Crew:
- Assisted with alley trimming
- Began spot mowing.
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule
- Litter person has been diligent in the reporting of destruction in City parks
- 249 Total 90 gallon cans collected
- Removed 6 Shopping Carts
Parks Crew:
- Completed parks route daily
- Set up Bocce ball at Pitts Center
- Graded parking lots at Schutte Park
- Assisted with alley trimming
- Began ball field maintenance
- Built new shed at Schutte park
Miscellaneous:
- Mulched Police Station
- Stoned island around vehicle charging station at City Hall
- Serviced chippers
- Serviced gators and sprayers for upcoming season
Page 912
32
Página 215
Item #18.
Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Removed
80
60
40
20
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Trimmed
250
200
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Page 913
33
Página 216
Item #18.
City Planner’s Monthly Report
Department of Planning & Inspections
MARCH 2024
Planning & Inspections Highlights
Some Items to Call to Your Attention
Efforts for improvements to the City’s land use regulations came to fruition in March with the adop-
tion of Ordinance #2024-01 LFA#1 for amendments to the Zoning Ordinance consisting of Text
Amendments to the C-2 zone and other development regulations. This will be key to future develop-
ment projects in Downtown Dover as the C-2 zoning district is found along the Loockerman Street
corridor. Additional work focused on the Downtown Development District with the consultant ser-
vices work on the Renewal Application for the Downtown Development District (DDD) designation.
This continued with a Public Workshop Session. This DDD Renewal Application process is also look-
ing to identify potential boundary expansion areas.
March was slightly slower in the number of Building Permits issued with only nine (9) new house
starts. Permits include a new Warehouse Building on College Park Drive and a number of renovation
projects citywide. The number of Inspections associated with construction activities for Building,
Plumbing, and Mechanical Permits was just over 300 inspectors. By month’s end, Certificates of Oc-
cupancy were also issued to eight (8) additional dwelling units completed in the City.
Now in a new licensing year, the renewal of Rental Dwelling Permits, Lodging House Permits, and
Public Occupancy Licenses is now subject to penalties for late payments. Second Notice Renewals
have been mailed to current license/permit holders who had not yet renewed. As of the end of
March over 86% of the estimated revenue for Rental Dwelling Permits had been received and pro-
cessed by Permits and Licensing Staff (see Revenue Report on next page).
The Code Enforcement Staff continued to conduct Annual Housing Inspections as part of the Rental
Dwelling Permit program with 22 completed in the month. There are currently over 7,900 Rental
Dwelling Units within the City. Other Code Enforcement cases focused on exterior property mainte-
nance issues/violations and Dover Code of Ordinance violations. For the month, there were over 472
inspections conducted for 233 violations.
For the Fire Marshal’s Office Staff, the number of fire investigations in March decreased to three (3)
incidents but included one fatality. The Fire Marshal’s Office continues a focus on Inspections of
business occupancies within the City to confirm compliance.
Page 914
34
Página 217
Item #18.
Planning & Inspections Revenue
FY2024 Revenue
Estimates from FY2024 Actual
Revenue Stream Budget (YTD) March % of Budget
Business License $1,450,000 $ 1,475,645 102%
Manufactured Home License $16,000 $ 12,870 80%
Building Permits $450,000 $ 709,071 158%
Cert. of Occupancy $8,000 $ 8,405 105%
Public Occupancy $45,000 $ 44,585 99%
Lodging House $28,000 $ 28,101 100%
Plumbing/Heating/Air $105,000 $ 83,455 79%
Rental Inspection Fee $750,000 $ 646,241 86%
Miscellaneous $20,000 $ 14,748 74%
Fire Protection Fees $70,000 $ 106,096 152%
Code Enforcement Fines $100,000 $ 66,346 66%
Vacant Building Registration $70,000 $ 22,750 33%
Total P&I Revenue $3,112,000 $ 3,218,313 103%
Planning Office Operations
The Meetings of the Boards and Commission supported by the Planning Office are presented in the Hybrid
format with both In-Person and Virtual (using WebEx) meeting options for participation. Electronic commu-
nications and conducting Meetings and Trainings in virtual formats are commonplace due to realized effi-
ciencies.
For Training in March, Dawn Melson-Williams (Principal Planner) attended the “Freedom of Information Act
(FOIA) and Ethics for Local Officials” on March 28, 2024 presented by the University of Delaware’s Institute
for Public Administration and also the Downtown Development District Workshop on March 12, 2024 host-
ed by the Office of State Planning Coordination.
The Planning Office is part of the review process for certain types of construction activity permits (Building
Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance with the
Zoning Ordinance provisions. For March 2024, Planning Staff was involved with the review of 71 Building
Permits and 11 Certificates of Occupancy permits that were issued for a monthly total of 82 and a year-to-
date total of 208. The 2024 year-to-date tally is comparable year-to-date totals of Permits and COs seen in
2023 at 216 and is higher than in 2022 at 166. Staff also reviews new applications for Business Licenses and
Rental Dwelling Permits.
MARCH 2024 (FY24) TOTAL FOR FY24
New Home Permits Issued 9 77
Value of Commercial Projects $3,097,880.00 $72,183,856.00
Downtown Incentives (Fees Waived)
$97.00 $26,317.35
Page 915
35
Página 218
Item #18.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com
• As part of the annual opportunity and process for Comprehensive Plan Amendments, the process for considera-
tion of a Request for a Comprehensive Plan Amendment filed requesting a change to the Map 12-1: Land Devel-
opment Plan Map continued. This Comprehensive Plan Amendment 2024 (MI-24-01) related to a Land Use Clas-
sification change from Office to Mixed for the property at 1079 Silver Lake Boulevard was recommended for ap-
proval by the Planning Commission in February. The application’s Public Hearing was conducted by City Council
on March 11, 2024 with action deferred on it for 30 days (rescheduled for April 22, 2024).
Other Activities
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership’s Strategic Master Plan is known as
“Transforming Downtown Dover: Capital City 2030” (January 2023). Various partners are focusing on aspects of
Plan implementation. In 2023, the Planning Office Staff Working Group focused on potential ordinance and policy
changes for the C-2 zoning district. The Planning Staff drafted the Proposed Ordinance #2024-10 for text amend-
ments to the Zoning Ordinance consisting of the revisions to the C-2 zoning district focused on uses, building
height, parking, and other miscellaneous items. The Planning Commission held a public hearing and recommend-
ed approval of the Proposed Ordinance #2024-01 with LFA #1 at their February Meeting. After the Public Hear-
ing/Final Reading on March 11, 2024, Ordinance #2024-01 with LFA #1 was adopted by the City Council.
• Downtown Development District – Renewal Application: The Downtown Development District (DDD) for the
City of Dover was designated in January 2015 for a period of ten years. The City is eligible to apply for a five-year
extension of this designation. Rossi, a consultant group, has been retained to assist the City in preparation of the
Renewal Application. The project started with data collection, program evaluations, interviews, and focus groups.
The process will also look at areas for potential amendments to expand/contract the DDD boundaries. A Public
Workshop was held March 19, 2024 to gather ideas on the program incentives and usage, potential expansion
areas, and key project identification. A Draft Renewal Application and DDD Plan is being prepared.
CONSTRUCTION ACTIVITIES
• In March 2024, Residential Building Permits were issued for five (5) Townhouse units by D.R. Horton and four (4)
Duplex units by Chatham Bay in the Eden Hill Farm TND, and a manufactured home placement in Kings Cliffe
Manufactured Home Park.
• Certificates of Occupancy were issued to two (2) single family detached dwellings in Eden Hill Farm TND for Chat-
ham Bay; a single family detached dwelling in Patriot Village Phase III area; and five (5) Townhouse units in Rojan
Meadows PND.
• Building Permits issued in March were for the new Flex Warehouse Building at 1255 College Park Drive (C-21-
03); a Storage Building at the Kent County Administration Building (S-23-07); for several interior renovation pro-
jects including a tenant fit-out 1241 N. DuPont Highway for a food establishment; for office renovations at 834 S.
Governors Avenue and 1417 New Burton Road; cooler renovations at Sam’s Club; renovations for a multi-
purpose room at Bally’s; and other small renovation projects.
• Certificates of Occupancy were issued for the creation of several tenant spaces including Crumbl Cookies at 50 N
DuPont Highway in Capital Station, interior renovations to the McDonald’s at 1788 N. DuPont Highway and for
the office renovation of Lab Corp at 850 S. State Street.
Page 916
36
Página 219
Item #18.
2024: Welcome to Dover!
Progress in Pictures
539 Ruth Way
Eden Hill Farm TND by Chatham Bay
833 Monroe Terrace
1513 Hopkins Ave-
nue, Patriot Village III
201, 203, 205, 207, 209 Rojan Road
Page 917
37
Página 220
Item #18.
2024: Welcome to Dover!
Progress in Pictures
1788 N. DuPont Highway
Commercial Renovation
50 N. Dupont Hwy Unit 10, Tenant Fit out
850 S. State
Street
Tenant Fit-
Out
Page 918
38
Página 221
Item #18.
BOARD AND COMMISSION ACTIVITY
There were March Meetings of the Boards and Commissions supported by the Planning Office. The Planning
Commission Meeting on March 18, 2024 consisted of review of two Requests for Extension of Plan Approv-
als and a Site Development Plan. The Historic District Commission and the Board of Adjustment did not
meet in March due to lack of agenda items.
Planning Commission:
The Planning Commission met on March 18, 2024. The next Planning Commission meeting is scheduled for
April 15, 2024.
• S-22-03 Restaurant at 801 North State Street: Request for Extension – The Planning Commission granted
approval of a One-Year Extension of the Planning Commission conditional approval granted on March
21, 2022 of a Site Development Plan Application for the construction of a 7,681 SF Restaurant with out-
door patio dining and associated site improvements. The property is zoned C-2A (Limited Central Com-
mercial Zone). The property consists of 1.943 acres (84,637.08 SF) and is located on the east side of
North State Street, southwest of Lepore Drive. The property is bordered by Silver Lake to the south. The
owner of record is Lopez Kent County, LLC.
• S-22-04 Raymond Street and Railroad Avenue Street Improvements: Request for Extension – The Plan-
ning Commission granted approval of a One-Year Extension of Planning Commission conditional approv-
al granted on March 21, 2022 of a Site Development Plan Application for the proposed construction of
street improvements in the Rights-of-Way of Raymond Street and Railroad Avenue. Improvements con-
sist of paved roadways, curbing, sidewalks, and utility infrastructure (water, sewer, and stormwater drain-
age). Raymond Street is proposed to be extended west as a 24 ft. paved width roadway to intersect with
Railroad Avenue. Railroad Avenue is proposed to be constructed as a 24 ft. paved width roadway extend-
ing to the north ending in a cul-de-sac. Portions of the surrounding property totaling 0.61 acres and owned
by Patel College Properties LLC and Patel Excess College Road LLC are being dedicated to the City of
Dover for the expansion of Right-of-Way.
• S-24-03 Delmarva Land Holdings, LLC Warehouse Buildings (Cassidy Commons) at 101-1001 Cassidy
Drive – The Planning Commission granted conditional approval of the Site Development Plan Applica-
tion to permit construction of six (6) 9,950 square foot manufacturing/warehouse buildings (in addition to
the four (4) already constructed) to be divided into smaller tenant spaces with other site improvements.
The Planning Commission also granted approval of the Waiver Requests for partial elimination of upright
curbing and the partial elimination of sidewalks as well as approval for the Performance Standards Re-
view. The property of 10 acres ± is zoned M (Manufacturing Zone) and is subject to the AEOZ (Airport
Environs Overlay Zone): APZ I and Noise Zones A and B. The property is located on the south side of
Lafferty Lane west of Horsepond Road along a private drive known as Cassidy Drive. Property owned by
Delmarva Land Holdings, LLC. This site was most recently subject to Application C-21-01 which was
approved by the Planning Commission on January 19, 2021, but Final Plan Approval was not achieved,
and the Plan has expired. The initial four buildings were constructed under C-11-04 M & L Ventures at
Lafferty Lane.
Page 919
39
Página 222
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #18.
CDBG FY23 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the City of Dover. One family purchased a home and
two families are mortgage ready.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a
building for its new shelter location that will be renovated with CDBG funds. This project
is underway. Fifty percent 50% of project funds have been spent year to date and 90% of
funds have been spent on renovations cost.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter. This project is
underway. Sixty percent (60%) of program funds have been spent year to date.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that
are in violation of the City’s Housing Code and complete emergency home repairs to
eliminate housing conditions that threaten the health and safety of low-income home-
owners. Two owner occupied homes have been rehabbed and five (5) homes received
emergency home repairs.
• American Rescue Act (ARPA) Funding
City Council approved to award a little over $1.8 million in grant funding for Housing and
Community Service projects. All projects are underway. A little under $1.5 million or
79% of funds have been spent on Round 1 of ARPA funding year to date. Dover Housing
Authority, Murphey School and Reading Assist have completed their projects. ARPA
Round 2 funding for a little under $500,000 was awarded to subgrantees in April. Pro-
jects are currently underway. Twenty-seven percent (27%) of funds have been drawn
down for Round 2 with Murphey School completing their project.
Page 920
40
Página 223
Item #18.
CODE ENFORCEMENT ACTIVITY
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 153
Dangerous Buildings – 70
Active Rental Dwellings – 7,912 units
Active Demolitions - 137 S Queen St , 130 S New St, 132 S New St & 134 S New St
Page 921
41
Página 224
Building Inspections & Licensing Summary Item #18.
July 2022—
July 2023–
Current June 2024 March 2023 June 2023
PERMITTING AND LICENSING
Permits Issued MARCH (2024) MARCH
FY 24 FYTD 24 (2023) FY23 FYTD 23
Administrative Permit
5 46 11 48
Building Addition/Renovation Permits 31 273 45 259
Building Permits
23 171 21 202
Demolition Permits
1 26 2 18
Fence Permits 22 129 20 225
Fire Prevention Permits 15 93 9 58
Mechanical Permits
38 260 36 317
Plumbing Permits
25 235 43 321
Sign Permits 7 127 21 74
Swimming Pool Permits
0 6 3 11
Subtotal 1366 1533
Business Licenses 64 1907 53 1791
Merchant Licenses
3 353 2 326
Contractor Licenses
28 1299 36 1198
Subtotal 3559 3315
Lodging House Licenses
3 46 2 44
Public Occupancy
44 503 61 446
Rental Dwelling 231 2552 778 2770
Subtotal 3101 3260
Manufactured Homes 3 277 0 273
BUILDING INSPECTIONS
Inspections MARCH (2024) MARCH
FY 24 FYTD 24 (2023) FY23 FYTD 23
Building (Inspections/CBI/Site Meetings)
162 1321 532 3036
Plumbing/Mechanical
152 1337 300 3650
Certificate of Occupancy
11 113 25 144
Page 922
42
Página 225
Item #18.
Office of the Fire Marshal
The Fire Marshal’s Office staff investigated three incidents
during the month of March including a significant fire loss with
a fatality on Sunset Terrace.
Staff is working on annual fire and life safety inspections at
business occupancies.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 19 243 306
Deficiencies From the Above Inspections 45 713 1,040
Fire Code Violations/Deficiencies/ 6 190 229
Complaints
C/O & Fire Equipment Acceptance Tests 6 93 114
Meetings & Walk Through 28 180 161
Fire Plan Review & DAC 19 118 104
Month Year to Date Previous Year to Date
Accidental 1 totaling $10,500 26 totaling $2,011,004 27 totaling $568,601
Undetermined 2 totaling $300,001 12 totaling $696,603 7 totaling $225,002
Incendiary 0 8 totaling $14,003 34 totaling $4,002,502
Natural 0 1 totaling $60,000 0
Arrest Made with DPD 0 0 2
Investigation Time 13 hours 113 hours 134 hours
Injuries 0 7 0
Deaths 1 1 0
Page 923
43
Página 226
Item #18.
Page 924
44
Página 227
Item #18.
Page 925
45
Página 228
Item #18.
Page 926
46
Página 229
Item #18.
Page 927
47
Página 230
Item #18.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Mar-24
Inflow & Infiltration Costs
$300,000.00
This chart indicates the amount of money the City is
spending on treating ground and / or rain water
$250,000.00 through Kent County. This cost is being offset by the
Ground Water Inflow Adjustment rate passed on to the
customers. January 2024 had a large amount of rain
$200,000.00 and snow, causing higher costs.
$150,000.00
$100,000.00
$50,000.00
$-
Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
I & I Cost
Water mains and services are typically
Water & Wastewater Repairs
repaired at a higher rate when drastic
7
change in temperature occurs. This
freeze and thaw cycle expands and
6 contracts the soil, causing cracks in the
water line. November 2023 had large
5 fluctuations of temperature, causing a
large volume of repairs.
4
3
2
1
0
Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
Page 928
48
Página 231
Item #18.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Mar-24
Number of Brown Water Complaints
20
This chart indicates the number of
18 complaints the Department receives.
March 2024 was high because it has
16 been over 5 months since the last
flushing operation.
14
12
10
8
6
4
2
0
Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Department Spotlight - March
The Department of Water & Wastewater has reached out to
all licensed plumbers to provide education on the
maintenance responsibilities of the both the customer and
the City of Dover as it relates to their sanitary sewer lateral.
Page 929
49
Página 232
Item #19.
Page 930
Página 233
Item #19.
Finance Department Monthly Report March 2024
This page intentionally left blank
PagePage
2 931
Página 234
Item #19.
Finance Department Monthly Report March 2024
CITY OF DOVER
ACTIVITY REPORTS
March 2024
FY23 YTD FY24 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 4,838 4,924
Total Amount of All Deposits $ 166,203,904 $ 127,037,391
Other Activity
Number of Pay Periods 20 20
Number of Direct Deposits Issued 8,221 7,803
Number of Pension Checks Issued 2,378 2,333
Total Pension Benefits Paid - Defined Benefit Plan $ 4,555,091 $ 4,587,289
ACCOUNTS PAYABLE
Number of Check Vouchers 4,154 4,951
Number of EFT Vouchers 2,780 3,107
Vouchers Dollar Amount Disbursed $ 80,432,449 $ 79,205,190
FY23 YTD Wages FY24 YTD Wages
$85,960 $299,644 $51,303 $590,534
$75,330 $746,744
$175,679 $97,749
$587,003
$660,774
$1,287,546
$1,508,351
$1,468,664 $1,731,299
$14,887,262 $16,689,970
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout
Personal Personal
Comp Time Comp Time
Other Other
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation
tracking/adjustments, etc.
PagePage
3 932
Página 235
Item #19.
Finance Department Monthly Report March 2024
City of Dover
General Fund Summary
Fiscal Year to Date (March 2024)
Revenues
Original Budget Revised Budget Actual %
Property & Transfer Taxes $ 18,056,100 $ 18,056,100 $ 18,022,889 100%
Program Revenues 12,354,700 12,354,700 12,024,334 97%
Utility Transfers 9,000,000 9,000,000 6,750,000 75%
Grants 883,500 923,500 600,508 65%
Interfund Services 6,236,400 6,236,400 4,404,517 71%
1 4,066,000 4,221,000 3,480,013 82%
All Other
$ 50,596,700 $ 50,791,700 $ 45,282,261 89%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 34,903,300 $ 34,839,500 $ 23,164,519 66%
Interfund Services 12,177,000 12,227,000 8,430,294 69%
Debt Service 630,700 681,400 471,661 69%
Post Retirement Benefits 2,548,000 2,548,000 1,911,000 75%
Pension Fund Contributions 1,000,000 1,000,000 250,000 25%
Capital Project Transfers 2,920,100 2,987,100 2,203,575 74%
2 3,052,800 3,052,800 1,432,214 47%
All Other
$ 57,231,900 $ 57,335,800 $ 37,863,262 66%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense
and Trf to Economic Development Reserve Fund.
PagePage
4 933
Página 236
Item #19.
Finance Department Monthly Report March 2024
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Revised Budget Actual
General Fund Expenditures
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Revised Budget Actual
PagePage
5 934
Página 237
Item #19.
Finance Department Monthly Report March 2024
City of Dover
Water Fund Summary
Fiscal Year to Date (March 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 6,550,000 $ 6,550,000 $ 4,948,148 76%
Impact Fees 225,000 225,000 209,646 93%
Rents 435,500 435,500 435,588 100%
Miscellaneous 1 75,200 75,200 302,851 403%
$ 7,285,700 $ 7,285,700 $ 5,896,233 81%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 4,156,100 $ 4,132,700 $ 2,591,976 63%
Interfund Services 1,138,000 1,138,000 804,540 71%
Debt Service 700,000 700,000 451,287 64%
Post Retirement Benefits 226,900 226,900 170,175 75%
Capital Project Transfers 1,536,700 1,536,700 1,152,525 75%
Electric I&E Fund Transfer 25,000 25,000 - 0%
General Fund Transfer 500,000 500,000 375,000 75%
All Other 2 32,000 32,000 16,799 52%
$ 8,314,700 $ 8,291,300 $ 5,562,302 67%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
PagePage
6 935
Página 238
Item #19.
Finance Department Monthly Report March 2024
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Revised Budget Actual
Water Expenditures
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers Electric I&E Fund Transfer General Fund Transfer All Other 2
Original Budget Revised Budget Actual
Page 7
Page 936
Página 239
Item #19.
Finance Department Monthly Report March 2024
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (March 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 10,326,000 $ 10,326,000 $ 7,768,970 75%
Impact Fees 225,000 225,000 193,613 86%
Miscellaneous 1 50,200 50,200 310,535 619%
$ 10,601,200 $ 10,601,200 $ 8,273,117 78%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 1,649,200 $ 1,649,200 $ 1,051,659 64%
Kent County Treatment Fee 4,730,000 4,730,000 3,426,642 72%
Interfund Services 870,900 870,900 616,625 71%
Debt Service 696,200 696,200 375,738 54%
Post Retirement Benefits 110,000 110,000 82,500 75%
Capital Project Transfers 2,270,900 2,270,900 1,703,175 75%
Electric I&E Transfer 25,000 25,000 - 0%
General Fund Transfer 500,000 500,000 375,000 75%
All Other 2 15,000 15,000 4,922 33%
$ 10,867,200 $ 10,867,200 $ 7,636,262 70%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees.
PagePage
8 937
Página 240
Item #19.
Finance Department Monthly Report March 2024
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Revised Budget Actual
Wastewater Expenditures
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Kent County Treatment Interfund Services Debt Service Post Retirement Capital Project Transfers Electric I&E Transfer General Fund Transfer All Other 2
Fee Benefits
Original Budget Revised Budget Actual
Page 9
Page 938
Página 241
Item #19.
Finance Department Monthly Report March 2024
City of Dover
Electric Fund Summary
Fiscal Year to Date (March 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 92,743,400 $ 92,743,400 $ 66,016,337 71%
1 2,299,000 2,299,000 3,773,498 164%
All Other
$ 95,042,400 $ 95,042,400 $ 69,789,835 73%
Expenditures
Original Budget Revised Budget Actual %
Power Supply & Generation $ 82,658,600 $ 82,856,900 $ 34,153,259 41%
Electric Operating Div. Exp. 9,208,700 9,208,700 6,471,271 70%
Interfund Services 4,227,500 4,227,500 2,983,352 71%
Debt Service 1,482,600 1,482,600 1,050,650 71%
Post Retirement Benefits 997,000 997,000 747,750 75%
General Fund Transfer 8,000,000 8,000,000 6,000,000 75%
2 3,004,900 3,004,900 1,608,109 54%
All Other
$ 109,579,300 $ 109,777,600 $ 53,014,391 48%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment Management Fees,
New Service Fees, Sale of Assets, Trf from Uncollectible Reserves, General Service Billing, Revenue from Rate
Stabilization, Penalties, Green Energy Charges, and Delay Damages.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer to Uncollectible
Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 760,876 760,876 544,938
Sales per MWh $119.74 $119.74 $119.25
Purchased/Generated MWh 773,010- 773,010- 575,034-
All In MWh Supply & Generation $106.87 $107.12 $59.32
Page Page
10 939
Página 242
Item #19.
Finance Department Monthly Report March 2024
Electric Fund - Revenues
Millions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Original Budget
Revised Budget
Actual
Customer Sales All Other 1
Electric Fund - Expenditures
$90,000,000
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Div. Post Retirement
Interfund Services Debt Service General Fund Transfer All Other 2
Generation Exp. Benefits
Original Budget $82,658,600 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Revised Budget $82,856,900 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Actual $34,153,259 6,471,271 2,983,352 1,050,650 747,750 6,000,000 1,608,109
Original Budget Revised Budget Actual
Page Page
11 940
Página 243
Item #19.
Finance Department Monthly Report March 2024
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (March 2024)
Original Budget Revised Budget Actual % General Fund Divisions % of Budget
City Clerk $ 414,200 $ 414,200 $ 278,693 67%
Council 260,000 260,000 169,129 65% Mayor
Fire 851,600 851,600 603,361 71% Human Resources
Grounds 1,741,100 1,741,100 1,168,943 67% Customer Services
Library 2,040,700 2,040,700 1,382,710 68%
Fleet Maintenance
Recreation 1,549,600 1,549,600 1,067,004 69%
Procurement & Inventory
Life Safety 690,600 690,600 450,287 65%
Code Enforcement 1,173,600 1,173,600 505,610 43% Engineering
Planning 826,100 826,100 424,594 51% Facilities Management
Public Inspections 800,800 800,800 522,485 65% Pub. Services Administration
Police 21,550,900 21,473,200 14,662,677 68% Finance
Police Extra Duty 405,000 405,000 440,927 109%
Information Technology
Streets 768,600 783,600 507,293 65%
Sanitation 3,060,100 3,060,100 1,896,673 62% City Manager
Stormwater 906,400 905,300 510,269 56% Stormwater
City Manager 1,300,100 1,350,100 964,516 71% Sanitation
Information Technology 874,100 874,100 636,919 73% Streets
Finance 1,032,300 1,032,300 560,208 54%
Police Extra Duty
Pub. Services Administration 646,900 646,900 436,557 67%
Police
Facilities Management 822,100 822,100 565,655 69%
Engineering 279,300 279,300 190,628 68% Public Inspections
Procurement & Inventory 873,600 873,600 638,060 73% Planning
Fleet Maintenance 1,078,600 1,078,600 817,725 76% Code Enforcement
Customer Services 1,417,500 1,417,500 931,643 66%
Life Safety
Human Resources 501,300 501,300 261,997 52%
Recreation
Mayor 245,200 245,200 149,177 61%
$ 46,110,300 $ 46,096,500 $ 30,743,741 67% Library
Grounds
Fire
Council
City Clerk
0% 20% 40% 60% 80% 100% 120%
Page Page
12 941
Página 244
Finance Department Monthly Report March 2024
Item #19.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (March 2024)
Water Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 386,500 $ 386,500 $ 210,228 54%
Water Department 862,100 862,100 536,278 62%
Water Treatment Plant 2,907,500 2,884,100 1,845,470 64%
$ 4,156,100 $ 4,132,700 $ 2,591,976 63%
Wastewater Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 304,100 $ 304,100 $ 111,671 37%
Wastewater Department 1,345,100 1,345,100 939,988 70%
$ 1,649,200 $ 1,649,200 $ 1,051,659 64%
Electric Division
Original Budget Revised Budget Actual %
Transmission/Distribution $ 4,893,100 $ 4,893,100 $ 3,533,385 72%
Electrical Engineering 1,826,600 1,826,600 1,167,187 64%
Administration 1,020,200 1,020,200 684,766 67%
Meter Reading 460,500 460,500 399,190 87%
Systems Operations 1,008,300 1,008,300 686,743 68%
$ 9,208,700 $ 9,208,700 $ 6,471,271 70%
Page 942
Page 13
Página 245
Finance Department Monthly Report March 2024
Item #19.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
48% 50% 52% 54% 56% 58% 60% 62% 64% 66%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
0% 10% 20% 30% 40% 50% 60% 70% 80%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 20% 40% 60% 80% 100%
Page 943
Page 14
Página 246
Finance Department Monthly Report March 2024
Item #19.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (March 2024)
General Fund Original Budget Revised Budget Actual %
Fire $ 419,600 $ 419,600 $ 252,775 60%
City Manager - 40,000 10,000 25%
Code Enforcement 34,600 63,600 42,369 67%
Public Works Admin 30,000 30,000 27,660 92%
Public Works Eng 48,300 48,300 41,322 86%
Police 1,186,500 1,398,200 402,974 29%
Streets 852,300 3,583,300 573,942 16%
Sanitation 707,800 1,464,400 581,775 40%
Stormwater 1,135,000 3,549,200 136,700 4%
Grounds 214,500 249,300 236,160 95%
Library County Grant - 87,300 57,365 66%
Recreation 835,000 2,900,600 1,975,316 68%
Inspections - 30,100 30,068 100%
Purchasing - 70,000 - 0%
Information Technology 115,500 115,500 27,294 24%
Facilities Management 80,000 159,300 76,249 48%
Fleet Maintenance 30,000 535,700 470,158 88%
General Fund Capital Projects $ 5,689,100 $ 14,744,400 $ 4,942,128 34%
Water Fund
Water $ 4,579,300 $ 6,093,000 $ 1,412,677 23%
Water Engineering 48,000 48,000 41,322 86%
Water Treatment Plant 56,500 423,300 113,237 27%
Water Fund Capital Projects $ 4,683,800 $ 6,564,300 $ 1,567,236 24%
Wastewater Fund
Wastewater $ 2,576,900 $ 4,428,600 $ 578,246 13%
Wastewater Fund Capital Projects $ 2,576,900 $ 4,428,600 $ 578,246 13%
Electric Fund
Electric Generation $ 275,000 $ 12,723,400 $ 2,202,134 17%
Transmission/Distribution 2,497,400 2,936,100 1,470,161 50%
Electrical Engineering 2,076,000 8,670,600 2,748,872 32%
ERP System - 1,856,000 5,740 0%
Electric Administration 2,000,000 2,516,100 875,000 35%
Electric Fund Capital Projects $ 6,848,400 $ 28,702,200 $ 7,301,908 25%
TOTAL CAPITAL PROJECTS $ 19,798,200 $ 54,439,500 $ 14,389,518 26%
Page 944
Page 15
Página 247
Finance Department Monthly Report March 2024
Item #19.
Capital Outlay - All Divisions
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Original Budget Revised Budget Actual
Capital Outlay - By Fund
$35,000,000
$30,000,000 $28,702,200
$25,000,000
$20,000,000
$14,744,400
$15,000,000
$10,000,000
$6,848,400 $7,301,908
$6,564,300
$5,689,100
$4,683,800 $4,428,600 $4,942,128
$5,000,000
$2,576,900
$1,567,236
$578,246
$-
Original Budget Revised Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
Page 945
Page 16
Página 248
Item #20.
DOVER FIRE DEPARTMENT
March 2024
FIRE CHIEFS REPORT
Page 946
Página 249
Item #20.
Mayor and Council,
The Dover Fire Department responded to 150 calls in March, consisting of 1,778 personnel
hours.
Members performed 18 hours of training consisting of 730 personnel hours.
Total Personnel hours for the month of March- 2,508 Personnel hours
Working Fires
811 Sunset Terrace (Fatal Fire)
On 03/14/24 at 13:19 hours, the Dover Fire Department was alerted for a structure fire in the
unit block of Sunset Terrace. While responding, crews were advised that there may be an
occupant still in the structure.
The Fire Chief and first engine arrived on scene at 13:21 hours (within two and a half minutes
from the time the 911 call was taken) and found fire showing from the first floor at the front and
back of the residence. Once inside crews encountered fire conditions throughout the residence.
The Dover Police Department already had several units on scene. Knowing that there may be an
occupant trapped in the structure, Dover Police Officers forced entry through a rear entry door
and located one victim and sole occupant of the residence. The victim was extricated from the
residence and Patrol Officers on scene began life safety measures along with the City of Dover
Fire Marshal’s Office, St. Francis EMS and Kent County Paramedics.
The victim was transported to Bayhealth Medical Emergency Room, but sadly succumbed to
their injuries.
The Dover Fire Department had 2 command vehicles, 1 engine, 2 ladders and 2 squads on scene
with 25 firefighters.
Additional units from Camden and Little Creek also assisted the Dover Fire Department on
scene. Ambulances from St Francis EMS, Camden, Harrington, and the Kent County Paramedics
were also on scene.
Little Creek, and Clayton Fire Companies covered the City while units operated the fire ground.
The scene was placed under control at 14:07 hours and the last unit cleared at 15:18 hours.
Page 947
Página 250
Item #20.
On Thursday evening, March 21st, members went door to door distributing “After the Fire” flyers
in the Sherwood section of the city where the DFD responded to a house fire the week before.
The flyers included tips on how to prevent fires and what to do in the event of a fire. This is a
new program to help educate our citizens on fire safety in the immediate area after a major fire.
Motor Vehicle Accidents
Lafferty Lane and Bay Road car into Structure
At approximately 07:45 hours Squad 1, Squad 2, Engine 4, Dover 15 and 16 along with Kent
County KM7 and KM5, Saint Francis EMS, and members from the Kent County Special Ops Team
were dispatched to a Motor Vehicle Accident involving a structure.
One patient was transported to a local hospital. Crews remained on scene for approximately 4-
1/2 hours, securing the structure to remove the vehicle from the building.
Puncheon Road and South Dupont
On Saturday, March 9th at approximately 12:30am, Squad 1, Squad 2, Engine 4, Dover 16, KM5,
KM7, B63, C63 along with Delaware State Police Aviation Section Trooper 4 were dispatched in
the area of S. DuPont Highway and the Puncheon Run Connector for a report of a motor vehicle
collision with subjects trapped. On arrival they found two patients, one of which was heavily
trapped inside. Units worked for approximately an hour and a half on scene. One patient was
transported to a local trauma center via Trooper 4, and another was brought to a local hospital.
Dover PD is investigating the accident.
Kenton Road Fieldstone Place
On Friday, March 8th at approximately 4pm. Squad 1, Squad 2 Engine 4, St Francis EMS 63, A63,
B63, A43, Kent County Paramedics KM5, KM9 Along with Delaware State Police Aviation Trooper
4 were dispatched to a Motor Vehicle Collison with a subject trapped on Kenton Road at
Fieldstone Court. On arrival crews found a two-vehicle accident with a vehicle off the roadway
with one person trapped inside. The patient was extricated from the vehicle transported to a
nearby hospital. Two patients were transported from the wreck. Units remained on scene for
approximately 1 hour.
Salisbury and Whatcoat Drive
On Thursday, March 7th at approximately 18:40hours, Squad 1, Squad 2, Engine 1, Rescue 43,
Dover 16, KM9, KM5, KM7, A63, C63 along with Delaware State Police Aviation Section Trooper
4 were dispatched intersection of Salisbury Road and Whatcoat Drive for a report of a motor
vehicle collision with subjects trapped. Units worked for approximately one hour on scene. One
patient was transported to a local trauma center via Trooper 4, and another was brought to a
local hospital.
Leipsic Road and Rt 1
Page 948
Página 251
Item #20.
On Thursday, March 7th at approximately 21:40hours, Squad 1, Squad 2 Dover 16, KM9, KM5,
KM7B, B43, A53, A41, C63 along with Delaware State Police Aviation Section Trooper 2 and
Trooper 4 were dispatched in the area of Leipsic Rd. for a report of a motor vehicle collision with
subjects trapped. EMS63 arrived on scene with one vehicle down an embankment fully engulfed
in flames. Units worked for approximately one hour on scene, and a total of three patients were
treated. Two patients were transported to a local trauma center via Trooper 2 and Trooper 4,
and another was brought to a local hospital.
Ladder 2
Ladder 2 has been posted for sale with a fire apparatus sales broker Brinklee Mountain.
Tower 2 was delivered from the manufacturer and sent out for equipment mounting. Members
of the Fire Department will attend company training on the new Tower 2. A representative from
Pierce Manufacturing will teach the class, which incorporates four hours of classroom and six
hours of hand-on operation. The members will review set up, Aerial operations, flowing water
and basket operations with the parapet and stokes baskets bracket. Each member will be
assigned to a trainer and will begin drivers training in April. Tower 2 is expected to be in service
and responding to emergencies in the greater Dover area in the beginning of May.
Senior Airman Drew Kuntzi of the 512 Aircraft maintenance Squad Group was named Liberty
Wing Warrior. Drew is one of our Longterm Duty Crew members and staffs our station on 48
hours a week schedule. Drew also is a full-time student at Delaware State University. We thank
him for continued service to the Greater Dover area and our country!!
The Fire Chief attended:
Attended the City Council Meetings
Attended the City Department Head Meeting
Attended the Dover Fire Department Company Meeting
Attended the Dover Fire Department Board of Directors meeting
Attended Fire and Rescue Training at the Dover Fire department and Delaware State Fire School
Page 949
Página 252
Item #20.
Page 950
Página 253
Item #20.
Page 951
Página 254
Item #20.
Page 952
Página 255
City of Dover Item #21.
Police Department
Monthly Report
march 2024
Page 953
Página 256
CITY OF DOVER DEPARTMENT OF POLICE Item #21.
400 SOUTH QUEEN STREET
DOVER, DELAWARE 19904
302-736-7111
Chief of Police Police Captains
THOMAS A. JOHNSON, JR. RANDY ROBBINS
Deputy Chief of Police KEVIN KOBER
DAVID E. SPICER AARON DICKINSON
May 13, 2024
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for March:
COMPLAINTS/EVENTS
YTD Totals compiled through March numbered 10,997.
This represents an increase of 1,036 from the 9,961 reported over the same period in 2023.
12,000 10,997
9,922 9,763 9,961
10,000 8,847
8,000
6,000
4,000
2,000
0
2020 2021 2022 2023 2024
CRIMINAL INVESTIGATIONS
Burglary: 5 cases reported, 2 cases cleared and 2 cases were cleared from previous months.
Robbery: 8 cases reported, 6 cases cleared and 1 case was cleared from previous months.
Sex Assault: 4 cases reported, 1 case cleared and 0 cases was cleared from previous months.
Homicide: 0 cases reported, 0 cases cleared and 0 cases cleared from previous months.
There were 4 Non-Criminal Death Investigations, 4 cases cleared and 0 cases cleared from previous months.
1
Page 954
Página 257
Item #21.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 187.2 grams seized
Cocaine: 155.5 grams seized
Ecstasy: 0 doses seized
Prescription Pills: 0 doses seized
Heroin: 7.938 grams seized
Methamphetamine: 0 grams seized
Fentanyl: 0 grams seized
Other Rx Drugs: 15 grams/doses seized
Drug Proceeds: $1,723 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10 7
5 1
0 0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 8 Handguns
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through March numbered 1,150.
This represents a decrease of 510 from the 1,660 reported over the same period in 2023.
2,500
2,232
2,040
2,000
1,660
1,493
1,500
1,150
1,000
500
0
2019 2020 2021 2022 2023
TRAFFIC CRASHES: YTD = 476
2
Page 955
Página 258
Item #21.
911 CENTER ACTIVITY
Total compiled during March numbered 7,323 calls.
This represents an increase of 92 from the 7,231 reported during the same period in 2023.
7,400 7,323
7,231
7,200
7,000 6,917
6,810
6,800
6,600 6,544
6,400
6,200
6,000
2020 2021 2022 2023 2024
CITY ORDINANCE SUMMONS
YTD Totals compiled through March numbered 275.
This represents a decrease of 439 from the 714 reported over the same period in 2023.
2,000
1,562
1,500
985
1,000 738 714
574
500 318 275
152 186 115
0
2020 2021 2022 2023 2024
ISSUED 1,562 985 738 714 275
PAID 574 318 152 186 115
3
Page 956
Página 259
Item #21.
COMMUNITY POLICING
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement activities.
In addition to those duties, the unit accomplished the following in March:
A meeting with Pastor Carol Boldin
Follow up on an illegal dumping situation in Simon Circle
Assisted with the prosecution of low level offenses at JP Court
Assisted a parent with their child who has been attracted to gang membership
Spring cleaning and maintenance of the Community Response Vehicle
Conducted employment interviews with Cadet candidates
Provided facility tour to a Boy Scout Troop
Participated in the DDP Board Meeting
Participated in the multi-cultural career fair at Milford High School
Participated in the Kings Cliff MHP HOA meeting
Participated in the W. Reilly Brown Elementary Mentoring Program
Participated in the W. Reilly Brown Elementary Career Day (K9 Roy)
Participated in a police recruiting event at Immaculata University
Participated in the Silver Lake Commission meeting
Addressed a parking complaint on Representative Lane
Addressed a quality of life issue at 1300 S. Farmview
Provided community outreach efforts to Dover Middle School Campus
Secured Silver Lake Park in anticipation of a pop-up DSU party
Assessed a possible homeless encampment in the vicinity of Dover HS
Provided continued support for a terminally ill toddler (K9 Roy)
Provided family support after his passing (K9 Roy)
Conducted property checks at 457 E. Water St, Minor Street Alley & Loockerman Street
Participated in the St. Patrick’s Day Parade
Assisted Patrol Units during major incidents, high 911 call volume and/or low staffing
Training events included SORT members monthly obligations, Control Tactics Instruction,
and the CNT Conference
The BHU made contact with 69 individuals and took official action to provide services to 45
of them. 31 were mental health supports and 14 were substance abuse referrals.
Members of the CPU attend numerous meetings with community associations and organizations as a
part of our ongoing liaison relationships.
CHIEF’S ADVISORY COMMITTEE
The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders
living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on the
various operations of the agency. The Chairperson cancelled the March meeting due to a lack of a
quorum from known schedule conflicts and illnesses discovered on the day of the meeting.
4
Page 957
Página 260
PROGRAMS AND INITIATIVES Item #21.
The Police Academy graduated on March 1st in a ceremony at Dover High School. Three of the
Recruits were sworn in as Dover Police Officers. They began their field training experience the
following week and continue to progress toward independent duty. Five more candidates were
identified in March and offered employment to line up with the next Academy session
scheduled for April 7th. The spring testing cycle is being planned and a new initiative was rolled
out in an attempt to reduce the number of failures in the initial physical agility test. A practice
agility test was offered to known applicants so they can assess their own ability to pass the
standardized test. Less than 10 of them took advantage of the special session but those that did
left with a clear understanding of what they needed to work on before the official test.
The 100th Anniversary of the Dover Police Department arrives in March of 2025. A special
committee has been formed to create the various ways we might celebrate and commemorate the
occasion. Fundraising strategies are being discussed and members are in search of photos and
physical items that illustrate our history. It is our hope that City Council can be a partner in this
effort to honor our past, acknowledge our present and imagine our future.
Another GVI Call-in was conducted on March 13th at the Crossroad Christian Church and the
program was administered to 19 individuals identified by the program partners. Many of them
chose to accept services and all of them were put on notice about what consequences would
come should they continue to participate in gun violence.
The Newark PD is considering a program similar to the Dover PD Behavioral Health Unit. We
were happy to host the Newark team on March 15th to share our learned experience.
The Department was happy to host Senator Carper for a visit to discuss the use of technology
funded in whole or in part by Federal dollars. Success stories were shared and bureaucratic
challenges were discussed. The overall status of Dover law enforcement challenges was also on
the agenda. It was a productive meeting.
With the support of the Dover YMCA, the Police Athletic League hosted our second Easter Egg
Hunt on March 30th at the Kenton/Walker Road facility. We had an overwhelming turn out and
the kids made quick work of the challenge to find the eggs. We would like to thank all of our
special supporters who combined to make the day memorable for the youngsters.
Please visit our website at www.doverpolice.org for up to date information on crimes and activities
in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
5
Page 958
Página 261
Item #26.
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2024-07
1 A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
2 BEHALF OF THE CITY OF DOVER, DELAWARE.
3 WHEREAS, the City of Dover's investment policy includes the investment of funds up to
4 $100,000 per banking institution, investments in the State of Delaware Investment Pool, and
5 the purchase and sale of investment grade corporate bonds, and U.S. Treasury and agency
6 securities; and
7 WHEREAS, the banking institutions, brokerage firms, trust companies, and other various
8 financial institutions require an Authorizing Resolution for the opening of accounts, and for
9 purchasing, selling, transferring, assigning, and handling securities;
10 WHEREAS, by the Mayor and Council of the City of Dover, that the Controller/Treasurer
11 and Assistant Treasurers are hereby authorized to open accounts with banking institutions and
12 purchase, sell, transfer, assign, and handle securities, and that they are authorized to sign all
13 related forms;
14 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover,
15 that the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts
16 with banking institutions and purchase, sell, transfer, assign, and handle securities and that
17 they are authorized to sign all related forms;
18 BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with
19 any one signature; and
20 That the following are the office holders authorized for these purposes, until further notice:
21 Patricia M. Marney Interim Controller/Treasurer
22 Melanie S. Patterson Assistant Controller/Treasurer
23 Andria L. Bennett Assistant Treasurer
24 Arielle M. Rivera Assistant Treasurer
25 ADOPTED:
26 ROBIN R. CHRISTIANSEN WILLIAM F. HARE
27 MAYOR COUNCIL PRESIDENT
28 Actions History
29 05/13/2024 - Introduction - City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 959
Página 262
Item #27.
Ro:::S
I HOSE COMPANY No. 1 DOVER'S VOL. FIRE DEPT.
Since 1.882
Date: 05/06/24
To: Andria Bennett, City Clerk
From: Jason Osika, President
Reference: Special Election
On April 29, 2024, the positions of Deputy Fire Chief and 1't Assistant Fire Chief became vacant because
of the resignation of Sean Christiansen and Sierra Brown. On May 1, 2024, the positions of 2ndAssistant
Fire Chief, 3,d Assistant Fire Chief, 4th Assistant Fire Chief, 1't Fire Line Captain, and Second Fire Line
Captain became vacant because of the resignations of Brian Bashista, James Iannucci, Jason Boc, Chad
Knots, and Drew Kuntzi. Per Article I, Section 4 of the By-Laws of the Robbins Hose Company No.1, Inc.
the resignations were accepted by virtue of receiving the same. The membership was properly notified
of the resignation on May 3,2024, and that nominations for the positions of Deputy Fire Chief, 1't
Assistant Fire Chief, 2ndAssistant Fire Chief, 3'd Assistant Fire Chief, 4th Assistant Fire Chief, 1st Fire Line
Captain, and Second Fire Line Captain would take place during the May 6, 2024, company meeting.
The nominations for the positions of Deputy Fire Chief, 1't Assistant Fire Chief, 2nd Assistant Fire Chief,
3,d Assistant Fire Chief, 4th Assistant Fire Chief, 1't Fire Line Captain, and Second Fire Line Captain were
opened during the May 6,2024 company meeting under election of members. As a result, the following
were nominated:
Deputy Fire Chief, Brian Bashista
1't Assistant Fire Chief, Jason Boc
2ndAssistant Fire Chief, James Iannucci
3,d Assistant Fire Chief, Brian Cullen
4th Assistant Fire Chief, Christopher Riale
1't Fire Line Captain, Drew Kuntzi
2nd Fire Line Captain, Nickolas Senne
Per Article I, Section 5 of the By-Laws of the Robbins Hose Company No.1, Inc. due to the vacant
positions being unopposed, a single ballot was cast by the Secretary. As a result the following were
Page 960
Página 263
Item #27.
selected and will fill the positions of Deputy Fire Chief, 1st Assistant Fire Chief, 2nd Assistant Fire Chief, 3,d
Assistant Fire Chief, 4th Assistant Fire Chief, 1't Fire Line Captain, and Second Fire Line Captain.
Deputy Fire Chief, Brian Bashista
1't Assistant Fire Chief, Jason Boc
2nd Assistant Fire Chief, James Iannucci
3,d Assistant Fire Chief, Brian Cullen
4th Assistant Fire Chief, Christopher Riale
1't Fire Line Captain, Drew Kuntzi
2nd Fire Line Captain, Nickolas Senne
All candidates meet the requirements to hold this position.
If there are any questions, concercns, or if you need anything additional, please feel free to contact me
at any time.
Yours in Service,
'O~
Jason Osika
President
Page 961
Página 264
Item #34.
FIRST READING
City of Dover
PROPOSED ORDINANCE #2024-12
WITH STAFF AMENDMENT #1
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 38 - Emergencies, be amended by inserting a new Article III – Emergency
5 Services, as follows:
6
7 Sec.38-85. Basic Life Support Ambulance Services Enterprise Fund.
8
9 (a) The city manager is hereby authorized to impose a fee and to bill residents and others for
10 ambulance services. Such fees will be assessed monthly and included as a general billing
11 item, included on monthly residential and commercial utility bills. The Basic Life Support
12 Ambulance Service Fee shall apply to all utility customers in the Robbins Hose/Dover Fire
13 Department district boundaries.
14
15 (b) Establishment of Specialized Enterprise fund.
16
17 (1) All revenues received in accordance with this Ordinance shall be deposited in the Basic
18 Life Support Ambulance Service Enterprise Fund. These funds shall be used to pay the
19 contracted annual cost of service, and regular and necessary administrative costs for Basic
20 Life Support aAmbulance sServices, including allowances for externalities and
21 uncertainties. Funds not expended in any fiscal year shall be maintained in the fund and used
22 in subsequent years as necessary, including establishment of self-funded services.
23
24 (2) The proceeds of the Basic Life Support Ambulance Service Fund shall be managed by
25 the City of Dover Department of Finance, which shall regularly report the status of the fund,
26 arrange for audit, and oversee disbursements as provided for by any contractual provisions
27 and the city’s financial management policies.
28
29 (c) Fees and the fee schedule will periodically be reviewed and adjusted to reflect changing
30 costs. The fees are to be added, updated and reflected in the Rates and Tariff annual
31 document, and such amount shall be kept in a separate, interest-earning account and shall be
32 used only for the costs associated with Basic Life Support Ambulance Service. Is subject to
33 the city’s collection policies and procedures but is not lien-able against customers’ property
34 nor subject to the Clean Hands Ordinance. The city manager may authorize commercial
35 collection procedures and utilize the same procedures as other outstanding fees. The Basic
36 Life Support aAmbulance sService fFee shall added to Appendix F as follows;
Página 265
Item #34.
Proposed Ordinance #2024-12 - Amending Chapter 38 - Emergencies Page 2
37 (1) Residential accounts shall be billed one dollar and fifty cents ($1.50) monthly.
38
39 (2) Commercial accounts shall be billed eight six dollars and fifty cents ($8 6.50)
40 monthly.
41
42 (d) Severability. If any provision of this ordinance shall be determined to be invalid in whole
43 or in part, all other provisions shall continue to be separately and fully effective
44
45 (e) Effective Date. The Basic Life Support aAmbulance sService fFee shall be effective on July
46 1, 2024.
47
48 Synopsis
49
50 This ordinance establishes the Basic Life Support aAmbulance sService fFee effective on July 1,
51 2024. The Basic Life Support Ambulance Service Fee shall be a monthly fee applied to all utility
52 customers in the Robbins Hose/Dover Fire Department district boundaries. These funds shall be
53 used to pay the contracted annual cost of service, and regular and necessary administrative costs
54 for Basic Life Support aAmbulance sServices, including allowances for externalities and
55 uncertainties. The staff amendment is to change the title of Fund to Basic Life Support
56 Ambulance Services Fund as recommended by the city’s auditor. This fund would be
57 separate from the city’s general fund.
58
59 (SPONSORS: ARNDT and PILLSBURY)
60
61
62 ADOPTED: *
63
64 Action History
65 05/13/2024 – Scheduled for First Reading with Staff Amendment #1 – City Council
66 04/23/2024 – Introduction at Council Committee of the Whole – Legislative, Finance, and Administration
Page 963
Página 266
FINAL READING
Item #35.
City of Dover
PROPOSED ORDINANCE #2024-13 WITH COMMITTEE AMENDMENT #1
COMMITTEE AMENDMENTS ARE INDICATED IN BLUE TEXT
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 80 – Personnel, Article IV – Pension Plans and Retirement Benefits (except
5 Police), Division 3 – General Employee Pension Plan, be amended by inserting the text indicated
6 in bold, blue italics and deleting the text indicated in red strikeout as follows:
7
8 Section 80-500 – General employee pension plan established; purpose.
9
10 (a) Generally. There is hereby established the city general employee pension plan. The purpose
11 of the plan is to establish the terms and conditions under which retirement and disability
12 benefits shall be provided to eligible employees of the city. The benefits under the plan shall
13 be in addition to amounts received as social security benefits or from any other pension plan.
14
15 (b) For employee exclusively. This plan is created for the exclusive benefit of the employees of
16 the city and shall be interpreted in a manner consistent with it being an employee's trust, as
17 defined in section 401(a) of the Internal Revenue Code (26 USC 401(a)). Therefore, under
18 no circumstances shall any funds contributed to this plan, or any assets of the plan or trust
19 ever revert to or be used or enjoyed by the city, nor shall any such funds or assets ever be
20 used other than for the benefits of the employees of the city and their beneficiaries, prior to
21 the satisfaction of all liabilities under this plan to the employees.
22
23 Section 80-501 – Eligibility of participant.
24
25 Each eligible employee not drawing any retirement benefits from the mayor and city
26 council as of January 1, 1967, shall, upon compliance with the provisions of this division,
27 become a general employee pension plan participant under this division, commencing on July
28 1, 1967, or at any subsequent time immediately upon his employment. Effective September 28,
29 2009, the general employee pension plan is closed to new participants.
30
31 Section 80-502 – Participation mandatory; exceptions.
32
33 The pension plan shall not be construed to give any employee the right to be retained in
34 the employ of the city. All new employees hired after July 1, 1991, shall be required, as a
35 condition of employment, to join the general employee pension plan or the deferred
36 compensation plan. All new employees hired after September 29, 2009 are required to join the
37 money purchase plan (IRC 401(a)), as defined in division 4. All participants of the general
38 employee pension plan as of September 28, 2009 will remain members of either plan thereafter
39 unless they shall leave the employment of the city, retire, pass away, or elect to terminate their
Page 964
Página 267
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 2
40 participation in the general employee pension plan and become a member of the money purchase
41 plan (IRC 401(a)), as defined in division 4.
42
43 Section 80-503 – Defraudment.
44
45 It shall be unlawful for any person to knowingly make any false statement or falsify, or
46 permit to be falsified, any record of the pension plan in an attempt to defraud the plan.
47
48 Section 80-504 – Normal retirement.
49
50 The normal retirement date for each participant shall be the first day of the month following
51 the attainment of the age of 65 years, provided that he has completed ten years of continuous
52 service.
53
54 Section 80-505 – Early retirement.
55
56 (a) Reduced benefits. A participant who has completed ten years of continuous service and who
57 has attained the age of 55 years may retire at any time within the ten years preceding his
58 normal retirement date; provided, however, that his retirement benefits shall be computed
59 at a reduced rate of one-half percent for each month computed from the date of early
60 retirement to age 65 years.
61
62 (b) Unreduced benefits.
63
64 (1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1, 1994, a
65 participant who has attained the age of 55 years, and whose attained age plus years of
66 continuous service is equal to or greater than 80, may retire at any time prior to his
67 normal retirement date with no reduction in retirement benefits.
68
69 (2) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a
70 participant who has completed 25 years of continuous service or has attained the age
71 of 50 years and completed 20 years of continuous service may retire at any time prior
72 to his normal retirement date with no reduction in retirement benefits.
73
74 Section 80-506 – Later retirement.
75
76 If a participant works beyond his normal retirement date, the payment of the participant's
77 retirement benefits shall be deferred until his actual retirement.
78
79 Section 80-507 – Forced retirement with pension.
80
81 The general employee pension plan board, upon recommendation of the city council or the
82 city manager, may require retirement in any case where deemed necessary due to the lack of
83 work or inability of the employee to perform with a satisfactory degree of efficiency, provided
84 that the employee qualifies for either normal retirement pursuant to section 80-504, or early
85 retirement pursuant to section 80-505. The employee shall then be entitled to receive,
86 commencing on the first day of the month coinciding with or next following his date of
Page 965
Página 268
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 3
87 retirement, pension benefits equal to the benefits computed in accordance with the provisions of
88 section 80-508 on the basis of the employee's service completed prior to actual retirement.
89
90 Section 80-508 – Amount of retirement benefits.
91
92 Retirement January 1, 1995, or later. The amount of retirement benefits payable to a
93 participant who retires on or after January 1, 1995, shall be computed on the basis of one-fiftieth
94 of his average actual monthly earnings multiplied by the total number of years of continuous
95 service. Average actual monthly earnings shall be a participant's base pay plus scheduled
96 overtime, payment for being on call, except those hours reported for being called out, and any
97 retroactive pay corrections which involve any one of the mentioned payments during any period
98 of 36 consecutive months in his final ten years of continuous service which results in the highest
99 average monthly earnings.
100
101 If an employee's approved absence is the result of a workers compensation injury, the base
102 wages that the employee would have earned had he not been on workers compensation leave
103 will be included when determining the highest 36 consecutive months within his final ten years
104 of continuous service.
105
106 The value of lost base salary as a result of mandatory furlough shall be added to an
107 employee's final average compensation and considered in the calculation of the amount of
108 retirement benefits if the time period in which the mandatory furlough was required is within
109 the highest 36 consecutive months or earnings within the final ten years of continuous service.
110
111 Annual Increase. The retirement income of a retired member of this plan shall be
112 increased by two percent per annum every January 1. This increase in retirement pay shall
113 be cumulative and the previous year’s increase shall be included in the retired member’s
114 retirement income for the purpose of calculating the annual two percent increase.
115
116 Section 80-509 – Form of benefits.
117
118 (a) Normal form. A monthly benefit shall be payable on the first day of the second month
119 preceding the date on which application for such benefit is filed. Payment will be retroactive
120 to the retirement date. Payments of benefits shall be payable monthly thereafter during his
121 lifetime and terminating with the last payment on the first day of the month of the death of
122 the participant.
123
124 (b) Death of participant, etc. Upon the death of a participant who has retired, or who is eligible
125 to be retired under any of the provisions of this division, payment shall be made to their
126 eligible survivors in the amount of 50 percent of the monthly payments to which the
127 participant was or would have been entitled. Upon the death of a participant who has
128 completed a minimum of ten years of service but is not yet eligible to retire because of age
129 and/or years of service, payment shall be made to their eligible survivors in the amount of
130 50 percent of the monthly payment to which the participant was or would have been entitled.
131 The pension amount will be based upon section 80-508. There shall be no reduction in
132 benefit. In no instance shall actual monthly payments be less than $200.00, to be effective
133 July 1, 2000. Upon the death of both the participant and eligible survivor, if the benefit
Page 966
Página 269
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 4
134 payments received in aggregate are less than the member's contributions, the balance of the
135 member's contributions, plus five percent interest, will be paid to the surviving beneficiary
136 designated or his estate if no designation has been made and submitted to the general
137 employee pension plan board. The amount of benefit payments received and the amount of
138 the member's contributions shall be determined from the record of the pension board.
139
140 (c) Eligible survivor. An eligible survivor shall be one of the following in the order of
141 preference listed:
142
143 (1) Spouse. The participant's spouse who was married to the participant for at least one
144 year. Surviving spouse shall be required to provide supporting documents of marriage.
145
146 (2) Children, unmarried.
147
148 a. The surviving children, biological or legally adopted, of the participant, who have
149 not attained their 18th birthday.
150
151 b. If said child is attending school on a full-time basis and provides proof of
152 attendance each year of eligibility, with the payment due for the month in which
153 he ceases to attend school on a full-time basis or with the payment due for the
154 month in which his 22nd birthday shall occur, whichever shall occur first.
155 (d) Commencement of payment. Benefits payable to eligible survivors shall commence on
156 the first day of the month following the date of the participant's death.
157 (e) Benefits payable. Benefits payable to eligible survivors shall cease:
158 (1) Spouse. With respect to an eligible survivor who is a spouse, with the payment due
159 for the month in which their remarriage or death shall occur, whichever occurs
160 first.
161 (2) Children. With respect to an eligible survivor who is a child(ren) with the payment
162 due for the month in which his 18th birthday or death shall occur, whichever shall
163 occur first. Payments shall be made in accordance with subsections (2)a. and b.
164 (f) Eligibility for benefits. The eligibility of any person or persons to receive payment of
165 benefits as an eligible survivor shall be determined conclusively by the general employee
166 pension plan board based on application of such person or persons and any other
167 information which the pension board deems to be appropriate.
168
169 Section 80-510 – Early retirement due to permanent disability.
170
171 Any employee who, after completing at least ten years of continuous service, shall be injured
172 or whose health shall become permanently impaired to such an extent as to render him
173 totally and permanently disabled, shall be retired upon application and approval of the
174 general employee pension plan board. The pension amount will be based upon section 80-
175 508. There shall be no reduction in benefit.
176
177 Section 80-511 – Total and permanent disability.
178
Page 967
Página 270
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 5
179 (a) Definition. As used in this division, a participant shall be deemed to be "totally and
180 permanently disabled" when the general employee pension plan board, on the basis of a medical
181 examination by a physician or physicians selected by the pension board, finds the employee:
182
183 (1) Work generally. To be totally and permanently prevented from engaging in any occupation
184 or employment for remuneration or profit as a result of bodily or mental injury or disease,
185 whether occupational or nonoccupational in cause; or
186
187 (2) Employment. To be totally and permanently prevented from continuing in their capacity
188 as an employee as a result of bodily or mental injury or disease, whether occupational or
189 nonoccupational in cause.
190
191 (b) Exclusions. Total and permanent disability, within the terms of this division, shall exclude
192 disability resulting from or consisting of chronic alcoholism, addiction to narcotics, engaging in
193 a felonious criminal act for which they are found guilty, or a willful effort on their part to bring
194 about the injury or illness to themselves or any other person or service in the armed forces of
195 any foreign country.
196
197 Section 80-510 – Total and permanent disability.
198
199 (a) Definition. As used in this division, a participant shall be deemed to be "totally and
200 permanently disabled" when the general employee pension plan board, on the basis of a
201 medical examination by a physician or physicians selected by the pension board, finds the
202 employee:
203
204 (1) Work generally. To be totally and permanently prevented from engaging in any
205 occupation or employment for remuneration or profit as a result of bodily or mental injury
206 or disease, whether occupational or nonoccupational in cause; or
207
208 (2) Employment. To be totally and permanently prevented from continuing in their
209 capacity as an employee as a result of bodily or mental injury or disease, whether
210 occupational or nonoccupational in cause.
211
212 (b) Exclusions. Total and permanent disability, within the terms of this division, shall
213 exclude disability resulting from or consisting of chronic alcoholism, addiction to narcotics,
214 engaging in a felonious criminal act for which they are found guilty, or a willful effort on
215 their part to bring about the injury or illness to themselves or any other person or service
216 in the armed forces of any foreign country.
217
218 Section 80-511 – Early retirement due to permanent disability.
219
220 Any employee who has completed a minimum of ten consecutive years of service and
221 sustains an injury or experiences a permanent health impairment to the extent of total
222 and permanent disability shall be eligible for retirement upon application and
223 certification by the general employee pension plan board that all of the criteria have
224 been met. The pension amount will be based upon section 80-508. There shall be no
225 reduction in benefit.
Page 968
Página 271
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 6
226 Section 80-512 – Commencement of disability benefits.
227
228 (a) Removed from payroll. A participant who files for a disability pension shall not work and
229 be kept on the active payroll and receive credited service from the inception of the disability
230 to the end of the first full calendar month following the date of application.
231
232 (b) Change in compensation; leave. During the application period above, the participant's
233 compensation shall not be increased.
234
235 (c) Commencement of benefits. The eligibility for payment of disability benefits under this
236 division shall commence, if approved, on the first day of the month following the application
237 period set forth in subsection (a).
238
239 Section 80-513 – Termination of employment.
240
241 (a) Forfeiture of participation. Any participant whose employment is terminated prior to the
242 date he becomes eligible for retirement benefits shall forfeit his status as a participant in the
243 pension plan and all accumulated credit for continuous service.
244
245 (b) Ten years' service. Any participant with a minimum of ten years of continuous service and
246 whose employment is terminated prior to the date he becomes eligible for retirement benefits
247 under sections 80-504—Normal retirement, 80-505—Early retirement, 80-506—Later
248 retirement or 80-510—Early retirement due to permanent disability, upon attaining the age
249 of 65 years, shall be eligible for pension benefits under the provisions of section 80-508—
250 Amount of retirement benefits, upon application to the pension board of trustees. The form
251 of the benefit will be based on the formula which was in effect at the time of termination.
252
253 (c) Layoffs. Upon recall, any participant whose employment is terminated due to a layoff and
254 is recalled within five years of layoff, may apply to the pension board to have their previous
255 service credits restored immediately. If they have withdrawn their contributions, they must
256 repay them as calculated by the city's actuary. A returning employee must make an election
257 to return previously refunded amounts, plus calculated interest, within 30 days of approval
258 of the general employee pension plan board. Contributions will be reimbursed based on the
259 gross amount received. Participants who are laid off and not recalled within five years shall
260 forfeit their status as a participant in the pension plan and all accumulated credit for
261 continuous service.
262
263 (d) Request for refund. When an employee leaves the employment of the city and is entitled to
264 withdraw his contributions with interest thereon at the rate of five percent per annum,
265 compounded annually from the last day of the plan year in which such contribution was
266 made to the earlier of the date of commencement of retirement income or the date on which
267 contributions are payable pursuant to the provisions of the plan, then he shall submit a
268 written notarized request for a refund of these contributions before payment shall be made.
269 Refunds will be issued 90 days from the date when the notarized request is received.
270 Contributions will automatically be refunded five years from date of separation.
271
Page 969
Página 272
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 7
272 Section 80-514 – Cessation of disability pension benefits.
273
274 (a) A participant shall cease to qualify for disability pension benefits:
275
276 (1) Recovered. At the time that the general employee pension plan board determines, on
277 the basis of a medical examination by a physician or physicians selected by the pension
278 plan board, that a participant is no longer totally and permanently disabled or has
279 sufficiently recovered, but refuses to resume their regular occupation as an employee
280 or to be reemployed by the city in some other position for which they are suited or
281 which is appropriate to their training and experience;
282
283 (2) Refuses examination. When the participant refuses to undergo a medical examination
284 requested by the general employee pension plan board; or
285
286 (3) Age 65 years. On the first day of the month following the participant's 65th birthday.
287
288 (b) Upon the occurrence of the earliest of the above events, disability pension benefits shall
289 cease, except that, if the event of subsection (a)(3) of this section occurs, payment of the
290 normal retirement benefits shall commence on that date, in the same amount as the
291 disability pension benefits.
292
293 Section 80-515 – Effect of state workers’ compensation on disability benefits.
294
295 Any disability pension benefits received by a participant under the terms of this division
296 as the result of an injury or illness compensable under the workers' compensation laws of the
297 state shall be reduced by the amount of the workers' compensation payments actually received
298 by the participant.
299
300 Section 80-516 – Benefits to cease upon reemployment; exceptions.
301
302 The Internal Revenue Code has provided guidance that to be considered retired for
303 purposes of prohibitions against "in-service distributions," one must have an at least six-month
304 break before returning to employment with the same employer and that such a return cannot be
305 pre-planned at the time of retirement. If the individual is under the normal retirement age of 65,
306 the individual will be subject to an annual earnings limit of $30,000.00.
307
308 Any employee of the city who is receiving, or who shall receive, benefits under this
309 division, and who is thereafter reemployed by the city or appointed to any position by the mayor
310 or council bearing remuneration, shall cease to draw benefits during the period of reemployment.
311 Upon termination of the reemployment, the benefits shall be restored. The provisions of this
312 section shall not apply to any employee who receives remuneration as a result of being elected
313 or appointed to an elective or appointed office in the city, nor to any employee reemployed by
314 the city in a casual/seasonal capacity, not to exceed 180 calendar days. Employees would be
315 eligible to return to casual/seasonal status immediately following retirement.
316
Page 970
Página 273
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 8
317 Casual/seasonal employees may be employed by the city on a temporary basis in order to
318 provide assistance for the following situations:
319
320 (a) Casual assistance. Employee is needed on a sporadic or on-call basis where hours
321 cannot be predetermined and vary greatly from week to week. Such employees may be
322 used as needed.
323
324 (b) Seasonal assistance. Employee is needed for peak operating seasons.
325
326 (c) Project assistance. Employee performs duties related to a specific project that has
327 defined objectives and an established time period of completion that does not exceed
328 180 calendar days.
329
330 (d) Primary incumbent replacement. Employee is needed to fulfill the job responsibilities
331 of the primary incumbent who is unable to perform such responsibilities for an
332 extended period of time. Such employees may be used for a maximum of 180 calendar
333 days or the length of time the incumbent is unable to perform the job responsibility,
334 whichever is less.
335
336 (e) Contracting. Any individual participating in the plan who contracts with the city or
337 represents any private enterprise that has a contract with an employer participating in
338 the plan must have a six-month separation from their effective date of retirement if the
339 individual is under 65. The city shall maintain, in a form prescribed by the human
340 resources director, a certification of the worker's status. The certification will be used
341 for a determination of the individual meeting the definition of eligible employees under
342 this section.
343
344 Section 80-517 – Benefit assignment, transfer, etc.
345
346 No participant or beneficiary under the plan shall assign, transfer, hypothecate, encumber,
347 commute, or anticipate any interest he may have in payments, funds, or contracts under this plan.
348 No interest shall in any way be subject to any legal process, levy of execution, attachment, or
349 garnishment proceedings for the payment of any claim against the participant or any beneficiary
350 under the plan, nor shall any such interest be subject to the jurisdiction of any bankruptcy court
351 or insolvency proceedings.
352
353 Section 80-518 – Contributions.
354
355 (a) Payroll deductions.
356
357 (1) Amount. For each year, while a participant of the plan, a participant shall contribute,
358 by payroll deductions, an amount equal to 3½ percent of his average actual monthly
359 earnings as described in section 80-508—Amount of retirement benefits (effective May
360 1, 1994).
361
362 (2) Employer contributions. The city, pursuant to the provisions of section 414(h)(2) of the
363 United States Internal Revenue Code (26 USC 414(h)(2)), shall pick up and pay the
Page 971
Página 274
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 9
364 contributions which would otherwise be payable by the employee under this section.
365 The contributions so picked up shall be treated as employer contributions for purposes
366 of determining the amounts of federal income taxes to be withheld from the employee's
367 compensation.
368
369 (3) Employee contributions picked up by city. Employee contributions picked up by the
370 city shall be paid from the same source of funds used for the payment of compensation
371 to an employee. A deduction shall be made from each employee's compensation equal
372 to the amount of the employee's compensation picked up by the employer. This
373 deduction, however, shall not reduce the employee's compensation for purposes of
374 computing benefits under the retirement system pursuant to this *division.
375
376 (4) Employee contributions credited.
377
378 a. Employee contributions shall be credited to a separate account within the
379 employee's individual account so that the amount contributed prior to the effective
380 date for the pickup of employee's contributions may be distinguished from the
381 amounts contributed on or after the effective date.
382
383 b. The contributions, although designated as employee contributions, are being paid
384 by the employer in lieu of the contributions by the employee. The employee will
385 not be given the option of choosing to receive the contributed amounts directly
386 instead of having them paid by the employer to the retirement system.
387
388 (b) City contributions. The city shall make such contributions as necessary to meet the
389 requirements of the plan. Effective May 1, 1994, the city shall pick up the employee
390 contributions by a reduction in current earnings. Such picked up contributions shall be
391 treated as employer contributions in determining tax treatment under the Internal Revenue
392 Code; however, the contributions so picked up shall be included in earnings for purposes of
393 the plan. Participant contributions which are picked up shall be treated, for all purposes of
394 this plan, in the same manner as participant contributions made prior to May 1, 1994.
395
396 (c) Other contributions. The general employee pension plan board shall receive all
397 appropriations, contributions and interest allowances as may be received from time to time
398 by the city from the state or any other source, and designated specifically for employee
399 pensions.
400
401 (d) Withdrawal from plan. A member who withdraws from the general employee pension plan
402 for any reason, other than retirement, death or disability, may request their accumulated
403 contributions, plus five percent interest, be paid to them after such date of withdrawal;
404 provided, however, their contributions shall not be refunded to them earlier than 90 days
405 after receipt of their notarized application for the same.
406 (e) Death of ineligible member. Upon the death of a member not eligible to retire under any
407 provision of this division, their employee contributions shall be payable in a single sum to
408 their designated beneficiary or their estate if no designation has been made.
409
410 Section 80-519 – City paramedics transferred to county.
Page 972
Página 275
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 10
411
412 Notwithstanding any other provision of this division, all persons employed by the city as
413 paramedics, who are transferred to the county emergency medical services department and who
414 make a written election to remain in the city general employee pension plan, shall continue to
415 be considered eligible employees within the meaning of the pension plan as long as they are
416 employed by the county emergency medical services department. All benefits for any such
417 paramedic shall be calculated as if the paramedic had remained a city employee during his
418 employment with the county emergency medical services department.
419
420 Section 80-520– General employee pension plan board; established; duties.
421
422 There is hereby established a general employee pension plan board, the duties of which
423 shall be to manage the general employee pension plan.
424
425 Section 80-521– Composition.
426
427 The general employee pension plan board shall consist of the following persons:
428
429 (1) Manager. The city manager.
430
431 (2) City officials. Two elected city officials who shall be appointed by the council
432 president, subject to confirmation of a voting majority of the city council at its annual
433 meeting.
434
435 (3) Participants. Three participants or retired participants of the plan who shall be elected
436 by the participants and retired participants of the plan.
437
438 (4) Controller/treasurer. The city controller/treasurer.
439
440 (5) Election.
441
442 (a) Such election shall be for three-year staggered terms, beginning July 1 and ending
443 June 30 three years later. A regular election for filling these positions will be held
444 the third week of June each year.
445
446 (b) In the first week of April of each year, the city clerk shall notify those eligible to
447 vote of the exact time and place of the election. Any general employee pension
448 plan member that is eligible to vote and appears on the listing of qualified voters
449 who will be unable to appear at the polling place on the date and time of the
450 election may cast his or her vote by absentee ballot in the general employee
451 pension plan election for the following reasons: 1) armed forces, 2) public service,
452 3) occupation, 4) sickness, 5) disability, 6) religion, 7) vacation, or 8) residency
453 outside of the Dover area which makes it infeasible to vote in person.
454
455 Section 80-522 – Term of office of members.
456
457 The term of office of each member of the general employee pension plan board, except the
Page 973
Página 276
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 11
458 city controller/treasurer, city manager, and elected city officials, shall commence on the first day
459 of the month following their election and continue for a period of three years or until their
460 successor shall be elected and qualified.
461
462 Section 80-523 – Officers and ex officio members.
463
464 The general employee pension plan board shall elect a chairperson. The city
465 controller/treasurer shall be the pension fund treasurer and their bond shall cover all monies
466 deposited with them.
467
468 Section 80-524 – Vacancies.
469
470 If a vacancy occurs in the offices of the general employee pension plan board, the vacancy
471 shall be filled for the unexpired term within 60 days and in the same manner as the office was
472 originally filled. Should a member of the pension plan board cease to be in the employ of the
473 city, other than by retiring in accordance with this division, their office as a member of the board
474 shall be declared vacant.
475
476 Section 80-525 – Compensation of members.
477
478 Members of the general employee pension plan board shall serve without compensation.
479
480 Section 80-526 – Meetings.
481
482 The general employee pension plan board shall make all rules as to the time and place of
483 meetings; and a majority of its membership shall be required to transact pension board business.
484
485 Section 80-527 – Powers.
486
487 The general employee pension plan board, in administering the pension plan, shall have
488 the following powers in carrying out the purposes thereof:
489
490 (1) Payment of funds. To pay funds to those entitled to receive them. The
491 controller/treasurer shall sign all vouchers for the disbursements of the funds and shall
492 report to the general employee pension board all financial transactions on an annual
493 basis;
494
495 (2) Purchase annuity contracts. To purchase and pay the costs of group annuity contracts
496 from any insurance company for the benefit of participants;
497
498 (3) Employment of agents, employees, etc. To employ agents, employees, or experts to
499 assist the pension board in carrying out the provisions of this division, including an
500 agent to advise and make recommendations concerning the investment of funds, and to
501 pay reasonable compensation for those services, and the compensation may be paid
502 from income or corpus of the pension fund or by direct appropriation by the city council
503 as the pension board and the city council may determine;
504
Page 974
Página 277
Proposed Ordinance #2024-13 - Committee Amendment #1 - Amending Chapter 80 - Personnel, Art.
Item #35.
4 - Pension Plans and Retirement Benefits, Division 3 - General Employee Pension Plan Page 12
505 (4) Investments. To invest and reinvest money in the pension fund, without any limitation,
506 in United States or state municipal bonds or group annuity contracts. Money in the
507 pension fund may also be invested and reinvested in other types of bonds, stocks, and
508 securities to the extent the pension board may deem best and as is not prohibited by
509 any law now or hereafter in force limiting the investments of the trustees. The pension
510 board may from time to time change the investments of the fund and, to this end, may
511 make sales of any investment privately, without advertisement and without the
512 necessity of any court order, upon the terms that the pension board deems proper. The
513 funds and investments may also be from time to time turned over to and placed in the
514 custody of any fiscal agent designated by the pension board;
515
516 (5) Contracts. To generally contract in matters relevant to effectuating and achieving the
517 purposes of this plan;
518
519 (6) Pension benefits. To receive and pay out pension benefits in accordance with the
520 provisions of this division, or designate a fiscal agent to receive and pay out the pension
521 benefits;
522
523 (7) Rules and regulations. To make rules and regulations as may be necessary to effectuate
524 this subdivision.
525
526 Section 80-528 – City solicitor to render legal services.
527
528 The city solicitor shall render whatever legal service the general employee pension plan
529 board shall require.
530
531 Section 80-529 – Appeals.
532
533 Any employee dissatisfied with the action of the general employee pension plan board shall
534 have the right to appeal to the city council within 30 days from the date of formal notification of
535 that action.
536
537 ADOPTED: *
538
539 SYNOPSIS
540
541 The amendments include establishing an annual cost of living adjustment (COLA) and renumbering
542 sections 80-510 to 80-511, and 80-511 to 80-510 to place the definitions section first. These amendments
543 were recommended by the Legislative, Finance, and Administration Committee meeting on April 09, 2024.
544
545
546 Action History
547 05/13/2024 – Scheduled for Final Reading - Council
548 04/22/2024 – First Reading - Council
Page 975