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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on October 28, 2024, at 7:00 p.m. with Council
President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil,
Ms. Arndt, Dr. Sudler, Mr. Rocha, and Mr. Lewis. Dr. Pillsbury was absent.
Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Marney, Ms. Melson-
Williams, Deputy Fire Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was
also present.
OPEN FORUM
The Open Forum was held at 6:16 p.m., prior to commencement of the Official Council Meeting.
Council President Anderson declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Belinda Main, 142 Reese Street, expressed concerns about speeding and illegal trash dumping in
the area. She inquired if notifications had been sent to homeowners regarding meetings to inform
them about the upcoming process in her neighborhood. She emphasized the urgency of
addressing the speeding issue in her neighborhood, noting the risks it poses to elderly residents
and school-aged children. Despite the presence of no trash dumping signs, trash dumping
continues in the area. Frustrated by the ongoing issue, which she has been dealing with for five
(5) years, Ms. Main stated that, if necessary, she would personally fund a trailer to be placed at
each household to underscore the severity of the problem. Additionally, Ms. Main raised
concerns about recent wastewater charges imposed on homeowners, stressing that many
residents in her neighborhood live on fixed incomes. She shared that her own household of ten
operates on a tight budget and pointed out that elderly neighbors on social security struggle to
cover unexpected costs. She emphasized that it is unreasonable to expect residents to bear
expenses for issues that are not of their making.
Ms. Main expressed frustration over the lack of transparency, stating that she pays her taxes and
questioned where those funds are allocated. She asked why there have been no neighborhood
walkthroughs or meetings to discuss potential improvements. Seeking answers, she voiced her
determination to continue attending meetings until her concerns are addressed. Ms. Main also
shared her intention to become more actively involved, expressing an interest in joining the City
Council to help shape Dover in a way that better serves its residents. She voiced her
dissatisfaction with the current state of city leadership, describing it as unresponsive and self-
serving, with officials prioritizing their compensation over public needs. She stressed the
importance of having leaders who would act rather than simply deliberate.
Responding to Ms. Main, Dr. Sudler acknowledged her frustrations and clarified that when he
was contacted by her last week, that same day Ms. Duca and the Public Works Department took
immediate action that same to remove the trash. He mentioned that they were working on
implementing a camera system to help identify and prevent illegal dumping in that area, whether
it was by residents of the Dover Housing Authority or other individuals. Dr. Sudler emphasized
that they have been diligent in using the resources available to them and have kept Ms. Main
updated. He also pointed out that a Fourth District meeting had been held recently on October 7,
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2024, at Union Baptist Church within the community. Dr. Sudler responded that he had been
actively involved in the community, both walking and driving through her neighborhood. Dr.
Sudler felt that it was unfair for Ms. Main to claim that nothing was being done, as he believed
the team had been working hard within their resources to address her concerns. Dr. Sudler
believed that it was unfair for Ms. Main to say they were not doing anything.
Responding to Dr. Sudler, Ms. Main reiterated her concerns about the recurring issue of trash
dumping, emphasizing that the problem persists despite recent cleanup efforts. She pointed out
that as soon as the trash was cleaned up, more would be dumped soon after. She stated that the
problem was not being effectively addressed, as action should be taken immediately after the
trash is removed, rather than waiting for cameras to be installed.
Responding to Ms. Main, Dr. Sudler acknowledged her frustrations and explained that the city
cannot focus solely on that location, as there are similar trash dumping issues in other areas. He
assured her that they are doing as much as they can to address the problem citywide.
Mr. Anderson added that the speed camera sign had been repaired, and he had requested and
secured an increase in police patrols in Lincoln Park to address safety concerns. He assured Ms.
Main that the issues were being actively addressed and emphasized their commitment to
improving the response. While acknowledging the need for a permanent solution to the dumping
problem, he stressed that the city has been prompt in removing trash, typically within a day. He
also expressed gratitude to city staff for their efforts in keeping the area clean.
Responding to Ms. Main, Mr. Lewis recommended that a request be made through Ms. Duca or
Chief Johnson to install a speed radar sign in her neighborhood. He shared that he recently
organized a major cleanup in the Second District, with city support for thorough trash removal.
However, he acknowledged that illegal dumping remained a persistent issue and emphasized that
installing cameras would be a vital part of the solution. Mr. Lewis informed Ms. Main that Ms.
Duca and the Police Department were actively pursuing federal grant funding to implement these
cameras. He assured her that progress was being made and that her neighborhood would
eventually see the improvements. Relating to her frustrations, Mr. Lewis expressed empathy,
sharing that he had faced similar challenges in his district.
Pastor Sheila Lomax, 101 South New Street, attended the meeting to address statements made
about her by Mr. Boggerty at the October 14th meeting. She expressed concern that those
statements were untrue and requested that the minutes from that discussion be read aloud for
clarification.
Mr. Boggerty addressed claims that suggested he had a personal interest in Pastor Lomax’s
property, stating that this was untrue. He explained that he had spoken with both Pastor Lomax
and the presiding bishop, offering guidance on resolving issues, including a lien on the property
that required attention. He clarified that during these discussions, the bishop mentioned a
potential sale of the property, but Mr. Boggerty stated that he would not purchase it, as it would
be a conflict of interest, and the property did not meet his needs. Since Mr. Boggerty has owned
commercial property and knows the investment into the downtown area, he explained to the
bishop that he was in an opportunity zone, and it would not be prudent to sell the building. Mr.
Boggerty presented text messages with evidence indicating he had no intention of buying the
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building and wanted that to be on record. He expressed concern over false accusations, noting he
would take appropriate action if his personal, professional, and pastoral reputation continued to
be misrepresented. He reiterated that he only wished to help and had no negative intentions
towards Pastor Lomax, clarifying that he did not speak negatively of her.
Pastor Lomax yielded to Ms. Lachelle Paul to speak.
Ms. Paul stated that she had a copy of the text as well, which included a message indicating that
any further communication would be unwelcome.
Responding to Ms. Paul, Mr. Boggerty stated that he had not communicated with her directly,
but rather addressed the situation during the meeting because his name had been called out.
Responding to Mr. Boggerty, Ms. Paul clarified that when she spoke with Pastor Lomax, she had
obtained a printout showing there were no liens on the property, but she had left it in the car. She
confirmed that there were no liens, noting that Mr. Boggerty had previously informed Pastor
Lomax of the same. Ms. Paul also addressed Mr. Boggerty’s claim that people were using
outside light sockets on the property to charge their phones, explaining that the church had no
such outside light sockets.
Responding to Ms. Paul, Mr. Boggerty acknowledged the misrepresentation and took
responsibility for the error.
Responding to Mr. Boggerty, Ms. Paul stated that there are no liens on the property, noting that
they had checked with both Code Enforcement and the Tax Office for any tax liens.
Responding to Ms. Paul, Mr. Boggerty stated that he would provide her with the email that he
received, which informed him that there were liens on the property.
Pastor Leroy Bradshaw, 101 South New Street, Brotherhood/Sisterhood Team of Ministry,
residing with Pastor Lomax on South Main Street, shared concerns about the ongoing issues in
their neighborhood. He highlighted his ministry efforts in collaboration with Pastor Lomax,
including setting up a tent near the church year-round, with the knowledge and approval of local
police. Pastor Bradshaw questioned the functionality of neighborhood cameras, expressing
concern that if they were not operational, it would be an issue. He noted that the congregation at
the church had not originally included people experiencing homelessness; instead, former
residents whose homes were demolished were brought into the area, leading to an increase in
community challenges near the church. Pastor Bradshaw expressed frustration that it felt as
though they were blaming one (1) person or the House of God. It is the enemy itself, not the
House of God. He inquired about what steps would be taken to address the issues. He
emphasized that people are dying on the streets every day and that he picks up trash thrown on
the streets on Saturdays and Sundays. He stated that Pastor Bradshaw and Pastor Lomax are
dedicated to serving the people, highlighting that either of them could lose their jobs and end up
homeless at any moment. He suggested they could pass out small boxes of food but questioned
what more they could do together to make a real difference in someone’s life.
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Mr. Anderson thanked Pastor Bradshaw, Pastor Lomax, Mr. Boggerty, and everyone working in
the community for their efforts. He encouraged everyone to tune in tomorrow for the Committee
of the Whole Meeting, where he would provide a report on the issues of homelessness and the
unsheltered.
Bishop Ronald Fisher, 104 Deer Track Lane, wanted to share a character reference for Pastor
Sheila Lomax. He explained that she is a champion of the people and comes with the heart to
serve and do good. Bishop Fisher shared that he had the opportunity to provide food for Pastor
Lomax’s constituents through his volunteer work with Hunter’s Against Hunger. He
acknowledged Reverend Lomax’s efforts to make a positive impact in the City of Dover and
recognized the many challenges the community faces. He expressed hope that the city and the
church would receive the support they need to continue serving the community.
Cleveland Wilson, 234 North Kirkwood Street, expressed concerns about spending $500 million
to renovate the City of Dover. He acknowledged that some areas are in the process of
revitalization and that there are ongoing discussions about moving certain properties. Mr. Wilson
raised specific concerns about New Street, where new houses have been built, noting that
programs have been used to place people in these homes. He voiced fear for the safety of
children in the area due to the presence of individuals struggling with drug use. Additionally, Mr.
Wilson mentioned that Pastor Lomax had signed an agreement with the police to ensure that
people would not be sitting on the church’s steps. If they were found to be loitering, the police
would be called to address the issue.
Enrico Stratton-Bey, 66 Barrett Court, spoke about the responsibilities of elected officials to
oversee and serve the community. He acknowledged that some officials are more visible and
active in community work, but not all fulfill the role. He emphasized that discussions about
relocating the church should not be a point of debate, as it serves as a vital haven for the
community, particularly those in need. The church is a greenhouse for the people in the
community. Mr. Stratton-Bey also addressed the issue of bullying, pointing out that when people
are bullied, they may eventually fight back. He noted that Pastor Lomax works for the
community. Mr. Stratton-Bey stated that they need to step up and fulfill their responsibilities to
the community.
Beverly Henry, 101 Babb Drive, reiterated her position from the previous meeting regarding the
need for long-term alcohol, drug, and rehabilitation centers. She emphasized that the people who
benefit from outreach ministries are not just marginalized individuals but also professionals, such
as policemen, doctors, and teachers, people who have a real life. Ms. Henry stressed the
importance of long-term rehabilitation solutions, not just for those in need but for all individuals,
regardless of race, color, or creed. She highlighted that these individuals are valuable members
of the community, and some may even be family members. She called for long-term solutions to
address alcohol, drug, and homelessness issues, advocating for the reintegration of those who
want help back into the community after receiving care.
Nija Mason, 41 South New Street, expressed frustration over ongoing issues in her
neighborhood, particularly regarding crime and safety. She mentioned that she had been
supporting a police substation on her street for six (6) years, but despite promises, the substation
never happened. Ms. Mason highlighted the presence of widespread addiction in the area and
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emphasized that simply reporting problems had not led to meaningful action. She believed that
the police need to engage more directly with the community to understand the people and their
concerns, as currently, many residents feel scared of law enforcement. Ms. Mason questioned the
accuracy of a recent police report that claimed zero (0) homicides in 2024 when in reality, there
have been eight (8). She cited discrepancies in the report, including claims of no criminal cases
being reported, cleared, or resolved, despite there being five (5) non-criminal death
investigations and cases cleared. She expressed concern that these reports were falsified.
Additionally, Ms. Mason supported Major Spicer to be appointed as Chief of Police, believing
that a leadership change was necessary because current officials were not taking effective action
to address the problems in the community. She stated that it was time for some individuals to
step down, as the lack of progress and action was becoming intolerable.
Responding to Mr. Anderson, Chief Johnson clarified that the report Ms. Mason referred to was
a monthly report, not a yearly one. He explained that the data in the report is often delayed by a
month due to the time it takes to process. This means that while the report might not reflect the
most recent homicide immediately, the next monthly report would include updated figures and
specify which month the data applies to. Chief Johnson confirmed that, as of the latest report, the
homicide count stood at six (6), not eight (8). He speculated that some of the incidents might
have occurred outside the corporate limits of Dover, which would fall under the jurisdiction of
the State Police. Those incidents would be reported in data from Troop Three (3) or Troop Nine
(9), which could explain the discrepancy. He acknowledged that he did not have specific reports
in front of him at the time, but based on his experience, this was likely the reason for the
confusion. He also committed to double-checking the data and verifying the homicide count for
the Dover Post Office area to ensure an accurate and combined figure would be provided.
Lachelle Paul, 501 Silverside Drive, raised concerns about the accuracy and timeliness of the
reports being provided to the community. She emphasized that the reports should be based on
current and accurate data, from the previous year to the present, not as far back as 2019, to
properly address ongoing issues such as those on New Street and the rise in shootings. Ms. Paul
pointed out that while promises had been made since 2021, such as a mobile substation, those
promises have not been fulfilled. She questioned whether the substation had ever been launched,
as previously indicated, and why it had not been. She was told that it had not been launched due
to a lack of officers. Ms. Paul expressed frustration that despite the ongoing issues, particularly
the violence on New Street and innocent people being harmed, little progress has been made to
resolve the situation. Ms. Paul asked what actions were being taken to address the problems and
ensure the safety of the residents.
Ms. Paul expressed deep frustration with the lack of action being taken to address the problems,
stating that nothing had been done despite the ongoing issues. She criticized both the police
department and the City Council for failing to fulfill their promises. According to Ms. Paul, there
was a widespread lack of confidence in the police department’s ability to follow through on their
commitments. She also noted that there were more complaints about officers hurting people than
there were about effective policing. Ms. Paul called for Major Spicer to be allowed to serve as
the Chief of Police, as she believed that a change in leadership could improve the situation. She
expressed the view that, given the current state of affairs, the department was not doing enough
to address the issues and that a fresh approach might yield better results.
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INVOCATION
The invocation was given by Elder Ellis B. Loudon.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Anderson.
ADOPTION OF AGENDA
Dr. Sudler moved for adoption of the agenda, seconded by Mr. Neil, and carried
unanimously. (Pillsbury 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. Anderson requested the removal of Item #24, the appointment of Controller/Treasurer, be
removed from the agenda.
Mr. Neil moved for adoption of the consent agenda as amended, seconded by Mr. Hare,
and carried by a unanimous roll call vote. (Pillsbury absent)
PROCLAMATION – GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND
GEOGRAPHY AWARENESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, geography helps us to understand and engage with the world around us. GIS Day
2024 celebrates Geographic Information Systems (GIS), which are scientific frameworks for
gathering, analyzing, visualizing, and mapping geographic data; and
WHEREAS, geography is the science that deals with the description, distribution, and
interaction of the diverse physical, biological, and cultural features of the earth’s surface.
Geography can help us understand the planet’s movement, changes, and ecosystems. Topics that
are relevant today are climate change, water availability, and natural resources GIS connects data
to a map, integrating location data (where things are) with all types of descriptive information
(what things are like there); and
WHEREAS, GIS helps users understand and visualize geospatial data (geodata), optimize
planning and decision making, enhance emergency responses, disaster management, improve
environmental management, and enhance business operations and marketing. The City of
Dover’s GIS Division plays a vital role in the continued growth of the City and has been
nationally recognized for its outstanding efforts in the advancement of GIS; and
WHEREAS, the City of Dover acknowledges those that have chosen Geography and GIS as
their profession or as part of their discipline to improve the lives of our citizens. The City of
Dover recognizes and supports the efforts of nonprofits who work on geographic activities to
improve conservation, human services, and various humanitarian efforts to better our world.
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NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim November 20, 2024, as GIS Day, and
November 19-21, 2024, as Geography Awareness Week in the City of Dover and urge all
residents to participate in this special observance.
PRESENTATION – LIBRARY FOUNDATION FROM TONY DEPRIMA
Mr. Tony DePrima briefed members on the Library Foundation.
RECOGNITION – 911 DISPATCHERS FROM THE DOVER PD
The City Clerk read the following Proclamation into the record:
WHEREAS, on August 27, 2024, a misdirected call from Albania of a boat sinking in the
English Channel reached Dover, Delaware Police Communication Officer Mackenzie Atkinson;
and
WHEREAS, Connor Logan immediately launched the international efforts that had Maritime
rescuers in-route to the sinking vessel in 16 minutes. All on board were saved; and
WHEREAS, making certain the Citizens of Dover were safe were communication operators
Patricia Maazola and Briana Dozier.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWRAE, do hereby pay tribute to Mackenzie Atkinson, Connor Logan, Patricia
Maazola, and Briana Dozier. As unsung Dispatchers essential to a great Police Force! We wish
them continued success in all their future endeavors.
PRESENTATION – THE PEOPLE’S COMMUNITY CENTER FROM PASTOR DEREK
HODGE
Pastor Derek Hodge briefed members on The People’s Community Center.
Responding to Dr. Sudler, Pastor Hodge raised concerns about the selective enforcement of
loitering laws. He questioned the implications of enforcing such a law, pointing out that if he
were sitting on a downtown bench dressed professionally, he might not be targeted. However,
someone less well-dressed, simply in need of rest, might be viewed differently and subjected to
enforcement. Pastor Hodge argued that loitering laws are often seen to serve the purpose of
keeping areas “presentable,” rather than addressing actual offenses. He suggested that if an
individual were engaged in an activity warranting intervention, that action could likely fall under
other enforceable laws, making a loitering statute unnecessary.
Drawing from his experience working with the police, Pastor Hodge acknowledged he was not a
law enforcement expert but expressed that the issue should be thoughtfully addressed by
legislators. He emphasized that many individuals, despite challenges, are striving to make
positive choices, and sometimes they just need a place to rest. Pastor Hodge continued by saying
he would not want police officers to ticket people who are simply trying to sit down and rest.
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Mr. Lewis thanked Pastor Hodge for his presentation and commended the People’s Community
Center for the impactful work they are doing to address citizen concerns in Dover. He would like
to see the city partner with People’s Community Center. Mr. Lewis is not sure what the process
would be with respect to that but believes what People’s Community Center is doing can help
them in so many ways.
Responding to Mr. Lewis, Pastor Hodge explained that their shelter is one (1) of the largest in
Kent County and serves as a low-barrier shelter in Dover. He clarified that a low-barrier shelter
means that anyone at risk of freezing can come in, regardless of whether they have been drinking
or not. He emphasized that they maintain strict rules about behavior and conduct within the
shelter. If anyone behaves in a way that disrupts the order, health, or well-being of others, they
are required to leave.
Mr. Lewis implored council to go visit the People’s Community Center.
Pastor Hodge also invited council to come visit the People’s Community Center to meet the
children that are participating in their afterschool program, which is led by an educator from East
Dover Elementary. He dedicates time after his school day to running the program. Pastor Hodge
mentioned that Master Sergeant Perry collaborates with the Veterans Administration and the
Boys and Girls Club to support homeless veterans. Pastor Hodge stated that they receive funding
from the Veteran’s Administration and the Boys and Girls Clubs. Currently, they are housing
seven (7) veterans. They house the veterans for 90 days, during which Master Sergeant Perry
assists them in accessing resources and securing permanent housing through the Veterans
Administration. Pastor Hodge shared that they are pursuing funding from the Veterans
Administration and the Delaware Department of Veteran’s Affairs to renovate parts of the
funding. He noted that their board of directors included two (2) state representatives, with
Representative Bush serving as one of them.
Master Sergeant Francis Perry shared that she had assisted with the People’s Community Center
for the last four (4) years. Through collaboration with Veterans Affairs, she has helped over 150
veterans successfully transition from homelessness, alcoholism, and addiction, supporting their
journeys to stability and recovery. She emphasized the positive impact of the People’s
Community Center, affirming that it is making a difference.
Mr. Neil stated that there had been a lot of misinformation heard tonight. He clarified that the
Downtown Dover Partnership (DDP) is not seeking to relocate churches from the downtown
area. He emphasized the importance of churches to the city’s vitality, noting that their activities
play a significant role in the community, which both the Downtown Dover Partnership (DDP)
and City Council recognize. He explained that while the city charter does not allow them to
allocate funds for social services, they can still offer cooperation and support which are greatly
needed, given limited funding and housing shortages. Mr. Neil acknowledged that, although the
city has zoning authority, it does not have the resources to directly build housing. He expressed a
desire for clearer communication and for more people to engage with the Downtown Dover
Partnership (DDP) and City Council to understand the efforts and challenges.
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PRESENTATION – UPDATE FROM MAYOR CHRISTIANSEN AND CHIEF THOMAS
JOHNSON
Chief Johnson briefed members on an update regarding comments from James Mayhall during
the Open Forum of the October 14, 2024, Regular Council meeting. (Exhibit #1)
Tim Mullaney, President of the Fraternal Order of Police for Lodge 15, briefed members on an
update regarding comments from James Mayhall during the Open Forum of the October 14,
2024, Regular Council meeting.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 14, 2024
The Minutes of the Regular Council Meeting of October 14, 2024, were unanimously
approved by motion of Mr. Neil, seconded by Mr. Hare, and bore the written
approval of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT OF –
OCTOBER 15, 2024
The Council Committee of the Whole met on October 15, 2024, at 6:00 p.m. with
Council President Anderson presiding. Members of Council present were Ms.
Arndt, Mr. Boggerty, Mr. Hare, Mr. Lewis (arrived at 6:17 p.m.), Mr. Neil, Dr.
Pillsbury, Mr. Rocha, and Dr. Sudler. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Mr. Tholstrup, and
Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr. Wilson
(Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and
Administration). Mr. Iriowen (Utility) was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and
unanimously carried.
Council Reports – September 2024
First District
Dr. Pillsbury had no report to give as she was away attending her granddaughter’s
wedding in Europe.
Mr. Rocha reported that he responded to a constituent complaint in Bicentennial
Village where their driveway backed up to the intersection. Therefore, the stop
sign at the intersection is right in front of the house. By state law, a car cannot be
parked within 30 feet of the stop sign, which meant they had to move their car
back. The city unable to assist did go out and paint the curb back 30 feet in yellow
to identify that it is a hazard. He also reported working with Mr. Boggerty to pick
up nine hundred COVID-19 test kits to be handed out to daycare centers, homes,
and at Senator’s Day. He also spoke with the Dover Colonial Rotary Club,
updated them on the downtown Mosaic Plan, and listened to their concerns on
their perception of the increased crime activity within the city. He participated in
the opening of the Dover Interfaith Mission of Housing Women and Children's
Center on Walker Road. He also met with the executive team for the Unsheltered
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Working Group to finalize the draft plan and PowerPoint presentation to be
presented at the October 29, 2024, Legislative, Finance, and Administration
Committee meeting. Lastly, he reported that he had been working with Housing
and Urban Development to coordinate a federal resource fair for local agencies
that work with the homeless that should be scheduled for November 13th at the
Dover Christian Church. He stated he would circulate the flyer once it is received.
Second District
Mr. Hare reported that he and Mr. Lewis both attended the grand opening of the
Dover Interfaith Mission of Housing Women and Children’s Center on Walker
Road. He also reported that he received a complaint on Lynn Haven Drive of trees
that were hanging over some wires and the neighbors were concerned. He
explained that Ms. Duca had a team out there the same day and the neighbors
were very happy.
Mr. Lewis reported that he attended the Delaware State University Homecoming
Parade and the grand opening of the Dover Interfaith Mission of Housing Women
and Children’s Center on Walker Road. He also stated that on October 27, 2024,
he will be assisting with a community cleanup held by the Fairy Godsisters of
Delaware State University. He stated he would also be coordinating with them to
do a cleanup in some neighborhoods in the second district.
Third District
Mr. Neil reported that he attended a Construction and Property Maintenance Code
Board of Appeals meeting on September 11, 2024, a Council President Agenda
meeting, and the meeting with Senator Tom Carper at the Garrison Track as a
farewell to things he had a hand in taking care of. He also attended the Delaware
Municipal Electric Corporation dinner, interviews for a Finance Director, council
meetings, and Downtown Dover Partnership meetings. He also attended the
Dover Police Department promotions and awards ceremony on September 9,
2024. On October 7, 2024, he attended the Legislative Task Force on Housing. He
attended a Zoom meeting that was from the White House regarding the
announcement of the lead pipe removal program. He also attended the grand
opening of the Dover Interfaith Mission of Housing Women and Children’s
Center on Walker Road. He sent out a third district alert on the Know Before
Scams regarding emergency relief for hurricanes. He met with a constituent who
was cited for parking big gaming buses for kids in Patriot Village. He reported
that he spoke with a constituent from East Lake who felt she was being treated
unfairly with the new stormwater charge. He explained that an Enterprise Fund
was created rather than increasing the tax rate, which would have been much
higher. He continued exchanges with constituent complaints on a rental property
at 307 North Governors Ave. He also received a complaint for the lack of lighting
at a spot on Townsend Boulevard after lines were buried in the area. He assisted a
Wild Meadows resident, who had a disability, in securing a mailbox at their door
instead of using a community mail site. He passed on thanks to staff from a
constituent concerning the new pavement on Bradford and State Street. He also
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addressed a constituent concern about how far north cameras would go as a part
of the Downtown Master Plan.
Ms. Arndt had nothing additional to add.
Fourth District
Dr. Sudler reported that he participated on September 29, 2024, in a fish fry to
benefit veterans at the Delaware Veterans Post 2 located on Pear Street. He met
with Bishop Lott to discuss some of the loitering and litter issues that are
happening in the community and the possibility of conducting a community
welfare day. He met with Pastor Lomax to discuss the ongoing issues regarding
individuals loitering on New Street in front of her church. He also met with Ms.
Haith who resides on Conwell Street to discuss the overgrowth of trees that are
impeding the electric wires leading to her home. He attended the mayor’s town
hall and met with Ms. Kim Adams to discuss her concerns about being a merchant
and their safety.
Mr. Anderson reported that they have an overlap of concerns and Dr. Sudler
covered them well. He reported that there have been a number of complaints
regarding loitering and prostitution. He has had some constituents express interest
in a parking permit for handicapped parking. The information is collected for the
individual who is requesting the parking, but anybody can park there and the
people that it is intended for cannot use it. They feel it would be better to have
dedicated parking and pay a permit fee. He reported that they held a town hall
meeting which had some positive feedback. One of the concerns from that
meeting was trash on Reese Street adjacent to Simon Circle. The city is putting up
no dumping signs and code enforcement has been out there a few times. Another
concern was speeding on Slaughter Street, the radar sign was not working
properly so that is in the process of being fixed. Police presence is being increased
on Bertrand Drive and Lincoln Street where there have been some issues.
At-Large
Mr. Boggerty reported that they met with interested individuals at Union Baptist
and discussed one of the plans. A temporary name is “Beautify the Capital City
Campaign”. The goal is to incentivize individuals and organizations to help clean
up the city. He reported that he attended the Senator Carper event, the Dover
Interfaith grand opening, and the Delaware Tech ribbon cutting. He reported he
has been working with Group Violence Intervention (GVI) and that he received a
request from a 55+ community asking how they can assist in resolving some of
the youth violence. He spoke to GVI and is trying to connect the two to possibly
start a grandparent mentoring program. He reported that he attended the League
of Local Governments dinner and challenged the Council President to get them
the nice name badges like the other municipalities. He worked with a constituent
to resolve a tree issue and met with a business in Wilmington that is interested in
moving to Dover. He also stated that he feels like his integrity has been in
question for doing his job. He attempted to work with Pastor Lomax for some
months. He spoke with the presiding bishop who mentioned that they were
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thinking about selling. He suggested that they do not sell the business because of
all the investments that are going on downtown. The property is of great value. He
explained that if he was in his old business world and if it was not a conflict of
interest, he would have purchased the property. He stated that he received a text
accusing him of attacking the church for his own personal interest, but he has no
interest in purchasing that church. He explained that he was encouraging them to
do the work, and he has emails to support that. He stated that he told Pastor
Lomax to speak with Ms. Rita Paige, Ms. Tracy Palmer, and Bishop Boggerty to
show that the community would get behind them. He also suggested that she
speak to Harold Stafford to help with the energy efficiency of the building. He
stated that his words were twisted, and he has been accused of attacking the
church to purchase the building. The church would not fit his church’s needs as
the church is growing and he has other interests. He stated that he wanted to help
move the needle forward so that the church could become a viable part of the
neighborhood, and to do anything he could to help address their issues. He
explained that he even tried to address their lien issue when they found out they
had a lien on the property. He stated that if the harassment continues, he will be
forced to take the appropriate action.
Council President Anderson
Council President Anderson reported that to better serve the community it is
crucial to have access to information in real time. He thanked the City Clerk’s
Office for helping develop a council resource page in Teams, that all of council
will have access to as a resource. He reminded council that it is not a
communication tool because then it would be open to the Freedom of Information
Act. He explained that council will be able to pull reports, the budget, and
pending ordinances without having to go into the packets. He also reported that
Ms. Duca is working on phase two of a project that will help with constituent
issues and links to the Geographical Information System (GIS) to allow council to
track constituent issues or what type of work is being done on a specific street.
Discussion – Dream Association and Field of Dreams Football Program
within the City of Dover (La Mar Gunn, Dream Association Founder)
Mr. La Mar Gunn, Dream Association Founder, reviewed a letter addressed to the
City of Dover, Council Committee of the Whole Meeting (Attachment #1).
This item was informational, and committee action was not required.
Mr. Gunn asked how do kids from New Street or Queen Street realize Dr. King’s
dream. He explained that through positive programming that allows opportunities
to grow. He stated that he would like to encourage the city to join into a
partnership or investment with the Dream Association.
Mr. Gunn explained that in one of the first pictures on the screen, the kids are
wearing DRIP T-shirts. He explained that he spun one of the famous sayings
among school kids into something from a financial literacy standpoint. In their
Camp Wall Street program, DRIP stands for the Dividend Reinvestment Program
(Attachment #2). Through the football program, they are teaching the kids to not
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only wear Nike but also to own Nike. All of the kids have investment accounts
and attend shareholder meetings.
Mr. Gunn explained in order to change the game of football and better support the
community he has invested in computers for the helmets that track every single
tackle. He invested in 150 helmets with monitors so that if anything happens on
the field that is high impact the sensor buzzes. The data tells him where he can
better teach a child to keep their head out of the tackle to avoid chronic traumatic
encephalopathy (CTE) which benefits them long term. His goal is to track kids
from age six all the way up to Dover High School.
Mr. Gunn stated that activities for kids after school are crucial, however, many
teams around town are using car lights and flashlights. He explained that he has
been fortunate enough to rent construction towers so the kids have lights, but he
would like to put up stadium lights. He asked that council consider making a
small investment in helping to support the youth in the Dover community.
Dr. Sudler stated that he is committed and interested in seeing what he can do
regarding assisting Mr. Gunn. He explained that there is a huge need, and it is
very commendable what he is doing. He thanked Mr. Gunn for the amount of
time, energy, and money that he has spent investing in the future generation.
Responding to Ms. Arndt, Mr. Gunn stated that he is pursuing grant opportunities
but between his business downtown, family, and work on the field, his time is
limited, and he is not an expert in grants.
Ms. Arndt stated that maybe they could schedule some time to sit down and
discuss the details and see what kind of grant opportunities there might be that the
city could help him with.
Responding to Mr. Boggerty, Mr. Gunn noted that the average cost for a child to
participate in football is approximately $750, while involvement in the cheer
program averages around $1,500. He explained that ninety percent of the kids
cannot afford the fees, so they try to fundraise and work on scholarships, or he
will pay out of his own pocket.
Responding to Mr. Rocha, Mr. Gunn stated that currently the Field of Dreams is
located at 263 Lewis Drive, and that is where most of the sports activities are
held. Crossroads Church houses the cheer program, but they are in the process of
building their own facility. His office downtown is where the homework sessions
and Camp Wall Street are held. Also, they have a partnership with Delaware State
University to use their training floor to teach the kids financial literacy.
Mr. Rocha stated that he would like to join Ms. Arndt in the discussions of
partnering together to figure out how they can help him.
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Mr. Gunn stated that next month, they are going to launch a before-practice
homework session on Wednesday nights to help get the kids up to speed on
reading and math because many of the kids across the state are underperforming
in those areas.
Mr. Neil recommended reaching out to the Philadelphia Eagles since Dover is
their territory because the program fits into the NFL’s PLAY 60 program. He
explained that the Eagles players have numerous community foundations and are
contributing funds to help offset the significant expenses involved.
Dr. Pillsbury stated that her questions were answered but she will do whatever she
can to help.
Public Comment
Beverly Henry, 101 Babb Drive Apt 3401, Dover, clarified that Sojourners
accepted drug addicts, alcoholics, and people finishing a jail sentence. They
rehabilitated them and allowed them to stay until they were able to find homes,
get their families back, or gain life skills to get back into society and function. She
explained that she is willing to do the work, but she needs a contact person who
can point her in the right direction.
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.
Introduction of the New Parks and Recreation Director – Roger Ridgeway
Mr. Roger Ridgeway, Parks and Recreation Director, shared background
information about himself. He stated that he had just completed his 11th year with
the City of Dover. For the last six years, Mr. Ridgeway has been the Grounds
Division Supervisor. He explained that he truly enjoys working for the city and
has great colleagues. He has been involved in everything from purchasing to
budgeting and has experience citywide. He stated that he looks forward to the
challenge and thinks that it will be great.
Mr. Ridgeway provided an update on the community building at Dover Park. He
stated that they are actively painting, and the floor should be going in by the end
of the week. The contractor is estimating that the project will be complete by the
end of December. He stated that the splash pad tank had to be custom made so it
was on backorder, however, it has arrived on site. The splash pad construction
should start the following week. The playground equipment at Dover Park is on
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site, and the plans are in the process of being finalized. The playground
installation company stated that the installation should be completed by spring.
The Schutte Park Skate Park plans are being finalized and should be going out to
bid within the next few weeks. The DIY Skate Park concrete pad purchase order
went out the previous week and the installers should be reaching out with a start
date of when the concrete pad will be poured in the next few weeks.
This item was informational, and committee action was not required.
Responding to Mr. Anderson, Mr. Ridgeway stated that the plan is once both the
Skate Park and the DIY Skate Park are complete, they will intertwine and
connect.
Responding to Mr. Rocha, Mr. Ridgeway stated that there are currently gates on
all three parking lots at Schutte Park. The Pitts Center has a gate, and both stone
parking lots have gates. The police department locks the gates at nighttime and
staff unlocks them in the morning.
Responding to Mr. Rocha, Mr. Ridgeway stated that there is no gate on Electric
Avenue, only on the three parking lots. He explained that there must be access to
the back for the Little League Park and the Dover Fire Department needs access
in case of a fire.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection the meeting
adjourned at 6:59 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Update to the City of Dover Wastewater Master Plan (Jason Lyon,
Water/Wastewater Director)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background of the
City of Dover Wastewater Master Plan.
Mr. Ryan K. Minnick, PE, of Verdantas, reviewed the 2024 Wastewater Master
Plan Update.
Staff recommended accepting the Wastewater Master Plan and utilizing it as a
guide for the future of the wastewater utility.
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Responding to Dr. Sudler, Mr. Lyon stated that they have data from the last five
years on how often they have to utilize the jet trucks to clean the pipes. The city’s
pipes are flat, and when the pipes are flat, things settle. There could be some
deposits down there that could cause a backup, which is the last thing anyone
wants to hear. He stated that they have data that shows how often water is being
used and they can dictate that if less water is being used, other areas which can be
done. Some things like restaurant areas need to be done more frequently because
of grease and rag issues. He explained that they had already started the process of
becoming more efficient with energy and time.
Responding to Mr. Rocha, Mr. Lyon stated that there are county pipes that run
through the city, through different pump stations that accept the flow from the
north like Smyrna. The difference in ownership of the pipes is at the point where
they interconnect into the county force main that takes the flow down to
Frederica, that is where the city stops.
Responding to Mr. Rocha, Mr. Lyon stated that the pump station by Del-One is a
force main and is county-owned.
Responding to Mr. Rocha, Mr. Lyon stated that the county is currently doing their
own master plan, and they are taking the condition and materials into account.
They have been doing repairs along Route 13 and Silver Lake Park.
Mr. Sudler moved to recommend accepting the staff recommendation to
accept the Wastewater Master Plan and utilize it as a guide for the future of
the wastewater utility. The motion was seconded by Dr. Pillsbury and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Mr. Hare and carried by a unanimous roll call vote.
(Pillsbury absent)
Lead and Copper Rule Outreach Requirements (Jason Lyon,
Water/Wastewater Director, and Kate Mills, Water Production Manager)
Mr. Jason Lyon, Water and Wastewater Director, and Ms. Kate Mills, Water
Production Manager, reviewed the background and analysis of the federally
mandated Lead and Copper Rule requirements.
This item was informational, and committee action was not required.
Responding to Dr. Sudler, Ms. Mill stated that starting in 2027, they have to
replace 10 percent of the service lines that need to be replaced, every year until
2037. She explained that their main focus is trying to get an accurate inventory
and get the unknown number down before 2027.
Responding to Dr. Sudler, Ms. Mills stated that the main thing she would ask is
that council continues to ask their constituents to fill out the surveys if they have
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not. However, as far as the regulation coming out in 2027, there is no requirement
for the customer to replace their portion of the service line, it is all on the water
systems across the United States. If they begin replacing service lines in 2027,
and they inform a customer that their line is required to be replaced, the customer
can say they do not want to replace it, and that would be the end of it. There is no
requirement on the customer's end to replace their portion. The city will continue
to replace its portion of the lines, but there will not be a financial burden on the
customer.
Responding to Ms. Arndt, Ms. Mills stated they are working with the Office of
Drinking Water to approve the predictive modeling like Ms. Arndt had suggested.
Once they receive approval, they will choose specific locations for spot checks.
Based on the materials found, they will update the inventory for the entire
neighborhood.
Responding to Mr. Anderson, Mr. Lyon stated that the Bipartisan Infrastructure
Law funding will be ongoing for at least the next five years, and they specifically
have earmarked money for the task. As a team, they are currently doing a water
and wastewater rate study to take all of those things into consideration. He
explained that all the information would be included in the next budget
submission with a five-year outlay. He stated that they have to take into
consideration if they are going to go that route that they account for prevailing
wage and the cost of products. Having that funding would offset the cost and help
the ratepayers, so they will have to juggle all those items to see what is more
efficient.
Responding to Mr. Anderson, Ms. Mills stated that with any federal funding, the
more quickly you are ready to receive funding, the higher the chance that you get
that funding. They are always looking for project-ready or groundbreaking
projects. Therefore, the more information that can be collected to complete the
inventory the better their project will be when they present it. She explained that
they would like to be able to go in and say these are the exact locations that the
city needs to replace the water services, and they would like to get grants to do
these.
Responding to Mr. Rocha, Ms. Mills stated that when the surveys are sent out,
there are instructions on the back of the letter that explain that all the customer
will need is a magnet and a key. If the magnet sticks, it is this type. If it does not
stick, go to the next step and try to scrape that water service line with a key. If that
does not work, or they are not sure, they can call the office directly. A staff
member will go out to help identify what service line material they have.
Responding to Mr. Anderson, Ms. Mills stated that there are several methods to
complete the survey. Surveys can be returned by mail or email, and a QR code is
available for online completion. Additionally, participants can visit the website to
access the survey and fill it out online, or they can use the drop box located at
customer service.
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Mr. Neil moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 7:39 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Rocha presiding.
Adoption of Agenda
Mr. Garfinkel moved for adoption of the agenda, seconded by Mr. Shevock
and unanimously carried.
Discussion – Chapter 30 – Standards of Ethical Conduct and Ethics
Commission (Nicholas H. Rodriguez, City Solicitor)
Mr. Nicholas H. Rodriguez, City Solicitor, reviewed the background and analysis
of Chapter 30 – Standards of Ethical Conduct and Ethics Commission.
Committee recommended instructing staff to draft appropriate ordinance
amendments to reform the Ethics Commission process.
Responding to Dr. Sudler, Mr. Rodriguez stated that they would need to obtain
approval from the State Commission and then if the approval is granted, the code
could be amended.
At the request of Dr. Sudler, Ms. Arielle Rivera, Assistant City Clerk, read into
the record the current code and the proposed code revisions as follows:
The current code reads that if the respondent is a city official, the commission
may propose actions to the city council that are appropriate to the finding as
specified in section 30-73(o).
The proposed ordinance modification would be if the respondent is an appointed
or elected city official, the commission will request professional assistance from a
state agency to aid in the discharge of its duties to propose actions to the city
council that are appropriate to the findings as specified in section 30-73(o), under
ARTICLE III. ETHICS COMMISSION. Sec. 30-72. Powers and Duties.
Also, (10). Request city agencies for assistance. To request appropriate city
agencies to provide such professional assistance as it may require in the discharge
of its duties.
Dr. Sudler stated that he is in support of recommendation number two to alleviate
the concerns of bias when it comes to council people or appointed or elected
officials.
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Responding to Mr. Rocha, Ms. Andria Bennett, City Clerk, stated that when Mr.
Rodriguez and she spoke, they agreed that if there were specifics that came in
against elected officials or appointed, they would have to get permission from the
State Commission. Mr. Rodriguez previously expressed his willingness to write a
letter requesting that the State Commission have jurisdiction moving forward. If
they agree, the ordinance and code can be amended accordingly.
She explained that where Dr. Sudler mentioned professional assistance from a
state agency, it would be the Public Integrity Commission. However, they would
have to go to their board to get permission to allow the city to have that exception
because the recommendation is not to take away the Ethics Commission
altogether. It is so that there are no further issues as Dr. Sudler explained,
questioning the integrity of the process when it comes to an appointed or elected
official. If it met those criteria it would go to the Public Integrity Commission, but
that would have to be decided by council so that Mr. Rodriguez could take action
requesting that from their board.
Responding to Ms. Arndt, Mr. Rodriguez stated that the decision would be up to
the board and their seven members would vote and report their decision back to
the city. Before any changes can be made to the code, they have to make their
decision.
Mr. Rodriguez wanted to emphasize that in his opinion the city should continue
with the ordinance as written because if they were to eliminate the Ethics
Commission, they would have to comply with the state code.
Dr. Pillsbury recommended looking at the entire code before going to the state
and asking them to make the change. She explained that many of the ordinances
are outdated.
Mayor Christiansen emphasized his agreement with Mr. Rodriguez to continue
with the current code. He also agreed with Dr. Pillsbury that the code should be
updated, and all decisions be handled in a timely manner.
Mr. Anderson stated that he agreed with Dr. Pillsbury that the code needs to be
updated, and the Ethics Commission had proposed some changes of their own. He
recommended adding that if a complaint is filed there must be actual evidence,
and it cannot be based on hearsay. He also recommended that the Ethics
Commission should have its own attorney. If it is a city employee, member of
council, or appointee, the City Solicitor is supposed to represent them. The City
Solicitor is currently the Ethics Commission attorney so there needs to be a
separation of the two.
Dr. Sudler stated that his proposal should address all the concerns except for the
process for handling a decision from the Public Integrity Commission if they took
the role. One of the major benefits would be the alleviation of the pressure off the
current commissioners. They are appointed by the mayor and confirmed by
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council. The perception from the community is that they may not get justice
because they are interlocked with council. By asking the Public Integrity
Commission to provide a ruling to the solicitor may benefit everyone. He also
stated that he agreed with Mr. Anderson and there should be some type of true
evidence.
Responding to Dr. Pillsbury, Mr. Rocha stated that the Public Integrity
Commission would not have to approve the ordinance. Council adopts the
ordinance, but when it comes to a council person or appointee, they are being
asked to handle the case versus the Ethics Commission.
Responding to Dr. Pillsbury, Mr. Rodriguez stated that she is correct because if
any changes have to be made, they should be done in one shot. It would be best to
update the code, and they submit all the information at one time.
Dr. Sudler recommended creating a committee and selecting a timeframe to get
the proposed changes done.
Ms. Arndt recommended taking the Ethics Commission members, a couple of
members of council, the City Solicitor, and someone from the Public Integrity
Commission, and holding a two-hour discussion to figure out where the changes
can be made.
Responding to Mr. Lewis, Ms. Rivera, and Ms. Bennett stated that the last
revisions to the code were made in 2017.
Mr. Anderson moved to recommend that a subcommittee be formed to
review the Ethics Commission code, which is Chapter 30 of the city
ordinance, which will have three members of council, two Ethics Commission
members, Mr. Garfinkel, the city solicitor, and the mayor. The committee
will come back with recommendations within ninety days. The motion was
seconded by Dr. Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Recreational Marijuana Land Uses and Related Zoning Regulations (David
S. Hugg, III, City Manager, Sharon Duca, Assistant City Manager, and Ann
Marie Townshend, Rossi Group)
Mr. David S. Hugg, III, City Manager, Ms. Sharon Duca, Assistant City Manager,
and Ms. Ann Marie Townshend, Rossi Group, reviewed the proposed ordinance
changes and the timeline.
Staff recommended that city council provide directions to staff on their selected
path forward to meet the proposed timetable.
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Responding to Dr. Pillsbury, Ms. Townshend stated that the language they used is
the language that is specific to the zoning ordinance uses. The zoning ordinance
has multiple levels for child daycares. Child daycare center is a center that is
specifically in the zoning ordinance and the use of that terminology is compatible
with other uses of terminology within the zoning ordinance. From the perspective
of the Planning Office, they may have to do a zoning verification letter to say
whether it is a permitted use or not, and they will rely on the definitions they have
in the zoning ordinance.
Responding to Dr. Pillsbury, Ms. Townshend stated that they obtained a list of
substance abuse treatment facilities from the state. She explained that they could
change the ordinance to read substance abuse disorder treatment facilities licensed
by the State of Delaware, which would take away the ambiguity.
Responding to Dr. Sudler, Ms. Townshend stated that ordinance 25A addresses
prohibiting cultivation, manufacturing, and distance requirements in the
downtown area.
Responding to Dr. Sudler, Ms. Townshend stated that both 25A and 25B address
the distance requirements.
Responding to Dr. Sudler, Ms. Townshend read “The building footprint within
which a marijuana cultivation facility is to be located, shall be at least 500 feet
away from any residential zone, any private or public K through 12 school,
hospital, college, university, child daycare center, or substance abuse disorder
treatment facility”.
Responding to Dr. Sudler, Ms. Townshend explained that the challenge with
churches is the lack of a defined list. To enforce distancing requirements, a clear
data set is necessary to assess distances, but there is no central registry of
churches.
Responding to Dr. Sudler, Ms. Townshend noted that while churches have public
occupancy permits, they are classified as places of worship, which are not
included in the categories for these permits. Since churches function as
assemblies, there is no clear data set available.
Responding to Dr. Sudler, Ms. Melson-Williams stated that churches are
classified as places of public assembly and are referred to as such in most places
of the zoning ordinance. They do not require a business license; it is a public
occupancy license for a place of assembly. She explained that in the zoning and
land use world, religious facilities should not be treated any differently than any
other place of assembly, so over time, the code has transitioned into that. She
stated that from a zoning perspective, there are a large number of churches in
zones where the potential land use categories are not being placed. Also, they find
that many churches are on property that is zoned residential which already has a
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distancing requirement. She explained that a combination of factors may help
achieve the necessary distancing from most of those types of facilities.
Responding to Mr. Hare, Ms. Townshend stated that the Downtown Dover
Business District is zoned C-2. At the last meeting, there were two potential draft
amendments. One of them addressed the compassion center conversion licenses.
The other dealt with downtown but there was no motion to move that forward.
Currently, nothing has been incorporated into the ordinance that would allow any
marijuana use in the downtown area. Retail would only be allowed in the C-4
zone, which is Route 13 and Bay Road. The manufacturing, cultivation, and
testing would be limited to the Industrial Park Manufacturing (IPM) and
manufacturing zones, and potentially cultivation in agricultural zones.
Mayor Christiansen expressed concerns about places of worship not being
included in the distancing requirements. He demanded that they be considered in
future ordinance changes. He also recommended changing the distancing
requirements from 500 feet to 750 feet.
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-
24A. The motion was seconded by Ms. Arndt and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Responding to Dr. Sudler, Ms. Townshend stated that ordinance #2024-24A does
not affect downtown, it simply sets up the business license fee structure and the
definitions to correspond to the fees. It does not have anything to do with the
permitted uses as those are under ordinances #2024-25A and 25B.
Responding to Mr. Lewis, Ms. Townshend stated that the ordinances will move
forward for the first reading and then they will move on to the Planning
Commission before coming back.
Responding to Mr. Lewis, Ms. Townshend stated that the language that was
passed at the last meeting grandfathered in the current compassion center from a
distancing perspective.
Responding to Mr. Lewis, Ms. Townshend stated that as far as the retail part of it,
it would allow a compassion center with a conversion license to comply with the
zoning, but not require compliance with the distancing.
Responding to Mr. Lewis, Ms. Townshend stated that they will not be issuing any
additional compassion center licenses as of right now. Also, it reads that they had
to have the license prior to January 1, 2024, to create a clear cutoff date.
Responding to Mr. Garfinkel, Ms. Townshend stated that 24.2 in ordinance 25A
would be for a new compassion center. From a practical standpoint, they will not
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be issuing new licenses, so it is possible that by the time the ordinance reaches
final reading, that language could be struck. However, right now the state still has
that in there. Technically under state law, they can issue licenses for compassion
centers so that is memorializing the way they would have been handled in the
past.
Responding to Mr. Garfinkel, Ms. Townshend stated that only medical facilities,
which by state law have not been phased out yet. However, the commissioner’s
office has made it clear that the expectation is that it will be phased out. Not
because the state is going to take clear action, but because there is not enough
demand to support medical-only facilities once the recreational facilities are open,
as long as the recreational facilities can serve the medical needs. They will no
longer be necessary by the time retail centers open.
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-
24B. The motion was seconded by Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-
25A. The motion was seconded by Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Dr. Sudler moved to recommend changing the distancing requirement from 500
feet to 750 feet in Proposed Ordinance #2024-25A.
Mr. Neil moved to reconsider the motion for the approval of the Proposed
Ordinance #2024-25A. The motion was seconded by Mr. Boggerty.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Ms. Arndt stated that if they are going to move forward with the increased
requirement, she would like a GIS mapping exercise done, as was done before.
She explained that they initially looked at the maps to see where the uses would
be in relation to the restrictions, so she would like to see the data and what it
means in terms of the ordinance.
Mr. Anderson stated that he is opposed to the 750-foot increase because when
they looked at the GIS mapping it was determined that the 500 feet would be an
effective ban. He explained that it would be the opposite of what people have told
them in the surveys and a strong majority of the people want it to be a legal option
in the city.
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CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 24
Mayor Christiansen stated that the survey results were almost 50-50. He explained
that it is the responsibility of council to make the changes to the ordinances that
reflect the opinion of the constituents that elected them. He stated that he believes
the distancing requirement should be moved to 750 feet.
Dr. Sudler moved to recommend changing the distancing requirement from
500 feet to 750 feet in Proposed Ordinance #2024-25A. The motion was
seconded by Mr. Hare and carried by a roll call vote of six (6) yes (Hare,
Boggerty, Rocha, Sudler, Shevock, Garfinkel), and five (5) no (Neil,
Pillsbury, Arndt, Lewis, Anderson).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Mr. Anderson moved to recommend approval of the Proposed Ordinance
#2024-25A as amended with the addition of including licensed by the State of
Delaware after substance abuse disorder. The motion was seconded by Mr.
Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-
25B with the amendment to include licensed by the State of Delaware after
substance abuse disorder. The motion was seconded by Mr. Hare and carried
with Dr. Sudler and Mr. Rocha voting no.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Responding to Dr. Sudler, Ms. Townshend stated that the distancing requirement
is a mix. It is 500 feet from private or public K through 12 schools, child daycare
centers, and substance abuse disorder treatment facilities and hospitals. It is 250
feet away from residential zones and from the lot line of any college or university.
Again, the point of the effective ban at 500 feet away from all residential zones,
colleges, and universities was because there was nowhere that it would be
permitted.
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 9:14 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the
Whole meeting, hearing no objection the meeting adjourned at 9:14 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
Página 25
CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 25
QUARTERLY REVIEW – CAPITAL INVESTMENT PLAN REPORT (CIP) (JULY,
AUGUST, AND SEPTEMBER)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
September 30, 2024.
By consent agenda, Mr. Neil moved for acceptance of the Capital Investment Plan (CIP) as
of September 30, 2024. The motion was seconded by Mr. Hare and carried by a unanimous
roll call vote. (Pillsbury absent)
QUARTERLY REVENUE REPORT AS OF SEPTEMBER 30, 2024
Members were provided the Quarterly Revenue Report as of September 30, 2024.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report as of
September 30, 2024. The motion was seconded by Mr. Hare and carried by a unanimous
roll call vote. (Pillsbury absent)
SEMI-ANNUAL REPORTS
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. David S. Hugg III, met with the Fire Chief to discuss fire
company issues. Mr. Hugg submitted a memorandum outlining the items discussed and
noted that the tour included the facility and the grounds to assess the condition and
readiness of the facility and apparatus to provide effective fire response to the City of
Dover and surrounding areas.
By consent agenda, Mr. Neil moved for acceptance of the report of the Semi-Annual
Robbins Hose Company Inspection, as submitted by the City Manager. The motion was
seconded by Mr. Hare and carried by a unanimous roll call vote. (Pillsbury absent)
ITEMS NOT ON THE CONSENT AGENDA
APPOINTMENTS – APPOINTMENT OF CONTROLLER/TREASURER – PATRICIA
MARNEY
Council President Anderson briefed members on the Appointment of Controller/Treasurer –
Patricia Marney.
Mr. Neil made a motion to accept the appointment of Patricia Marney as the
Controller/Treasurer, seconded by Mr. Rocha, and carried by a roll call vote of seven (7)
yes, (Hare, Boggerty, Neil, Arndt, Rocha, Sudler, Anderson), one (1) no, (Lewis), and one
(1) absent (Pillsbury).
VILLAGES OF MAPLE DALE (UPDATED PHASE 3) PLANNED NEIGHBORHOOD
DESIGN (PND) SENIOR CITIZEN HOUSING – SKETCH PLAN REVIEW
Ms. Dawn Melson-Williams, Principal Planner, briefed members on the Villages of Maple Dale
(Updated Phase 3) Planned Neighborhood Design (PND) Senior Citizen Housing.
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CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 26
Responding to Ms. Arndt, Ms. Melson-Williams stated that the Maple Dale Country Club
manages its amenities, however, this past summer, the pool was closed, and the tennis courts
were in disrepair for several months. She noted that neighboring properties around Maple Dale
Country Club are designated as recreational and commercial. Ms. Melson-Williams explained
that a plan review process would be started at the Planning Commission, which would include
required public hearings, where residents could participate and express their thoughts and ideas.
Responding to Dr. Sudler, Ms. Melson-Williams confirmed that authorization would be needed
to reopen discussions and revisit the project. The original approval for the Villages of Maple
Dale as a Planned Neighborhood Design with a Senior Housing option included multiple phases.
While two (2) of the phases proceeded through implementation and received final plan
approvals, the last phase proposed a condominium apartment-style building scenario that did not
move forward. Since the approval has lapsed, any attempt to advance the proposal would require
a new review process, starting with the first step focused on that phase.
Responding to Dr. Sudler, Ms. Melson-Williams stated that the Planning Commission approved
the overall plan, neighborhood design, and senior citizen housing options. The follow-up to that
was another step in the process. The Planning Commission grants approval for a master plan, but
then each phase of the master plan is subject to additional review processes. In the case of the
last phase, they did not start activity related to seeking approval for the phase, hence it lapsed.
Responding to Dr. Sudler, Ms. Melson-Williams explained that they had missed a specific time
frame. She was unaware of that timeframe since it was from several years ago. Ms. Melson-
Williams suggested that the market needs of the ownership entity and other decisions should be
considered as factors to set aside.
Responding to Dr. Sudler, Ms. Melson-Williams explained that according to the proposed
concept plan, the building would be located on the same parcel as the clubhouse and golf course,
with access via Maple Dale Road. She noted that Maple Dale Road, which intersects Kenton
Road, is a city-maintained street, while Kenton Road is maintained by the state. As part of the
initial review process, DelDOT required offsite improvements at the intersection of Kenton Road
and Maple Dale Road, including an agreement to extend the deceleration lane for right turns onto
Maple Dale Road. Any new project would be subject to the Planning Commission review,
incorporating feedback from regulatory agencies, including DelDOT.
Responding to Dr. Sudler, Ms. Melson-Williams stated that she could not officially answer the
current density of traffic for Kent Road. Kenton Road is a state-maintained road and needs to be
improved. She explained that Kenton Road is a state-maintained road requiring improvements,
and determining current traffic levels would fall under DelDOT’s review and maintenance
process. She mentioned that Kenton Road is undergoing a significant road improvement project
expected to last the next year and a half to two (2) years, which could address traffic patterns in
the area. Ms. Melson-Williams added that they would need to defer to DelDOT for specific
information on traffic levels.
Dr. Sudler emphasized the importance of having comprehensive traffic information available
when developing the City of Dover’s comprehensive plan. He believes that having access to
accurate data on road infrastructure and traffic capacity is essential for making informed
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CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 27
decisions, particularly when considering whether the road system can handle additional stress.
He urged the Planning Commission to provide the information to better evaluate if new
developments would increase, decrease, or minimally affect traffic conditions. Dr. Sudler also
expressed concern over existing traffic issues, specifically around Fox Hall and Maple Dale
Road, noting complaints about congestion caused by the traffic lights on Kenton Road off Route
Eight, which some consider unnecessary. Dr. Sudler stressed the need for collaboration between
the state and the city to ensure that road improvements align with comprehensive planning
efforts. He concluded that adding more traffic to an already stressed roadway would not be
sensible planning.
Responding to Mr. Boggerty, Ms. Melson-Williams stated that the pool and the tennis court in
Maple Dale are privately owned, and the city would not have any authority over them, even in
cases of disapproval. The property owners have the right to maintain the amenities they choose.
She clarified that the city would only become involved if the property fell into disrepair, creating
a property maintenance issue that would fall under the city’s property maintenance code
provisions. She noted that the zoning ordinance does not require the presence of a pool, tennis
courts, golf course, or similar amenities on the property.
Mr. Rocha shared that he has not received any negative feedback from his constituents regarding
the area. He stays updated on DelDOT’s efforts to manage traffic flows on Kenton Road, as well
as the ongoing improvements on College Road. He noted that several town hall meetings have
been held where representatives from DelDOT and the Metropolitan Planning Organization
(MPO) have informed the First District residents, especially those along Kenton Road, about
transportation plans. Mr. Rocha expressed concerns about the potential traffic issues from Maple
Dale Road onto Kenton Road, which he fears could become a bottleneck. He compared the
situation to Emerald Point, where constituents have reported difficulties exiting onto Salisbury
Road due to heavy traffic. Mr. Rocha mentioned that DelDOT was implementing a traffic
calming system by adding a traffic circle. He was positive that upon further review, it would
come back to them. Mr. Rocha was amenable to going into further review with the Planning
Commission since he has not heard any negative feedback. He noted that they do need more
senior citizen housing. He understood that the traffic could be an issue, but DelDOT was making
improvements to Kenton Road. These efforts have been communicated to constituents living in
the area to keep them informed.
Mr. Neil stated that city council’s recommendation was to assess whether they should proceed
with the planning of a neighborhood design that included a senior citizen housing option. If such
a design warrants further consideration, it should be reviewed by the Planning Commission. He
noted that staff recommended referring the proposal back to city council for additional input
before the Planning Commission’s review. Mr. Neil stated that they should see what the
professional planners and DelDOT have to say since they still have final approval.
Mr. Neil made a motion to refer as recommended by staff to the Planning Commission of the
Planned Neighborhood Design-Senior Citizen Housing Option of Villages of Maple Dale
(Updated Phase 3) for further review, seconded by Ms. Arndt.
Dr. Sudler formally expressed his concern that the existing road system may not be sufficient to
handle increased traffic density.
Página 28
CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 28
Responding to Dr. Sudler, Chief Carey reported that traffic on Kenton Road was already very
heavy, and ongoing construction was making it challenging for firefighters to reach the
firehouses quickly. He anticipated the situation would worsen when Dover-Kenton Road closed
to the north and construction on the traffic circle began. Chief Carey explained that they were
collaborating with DelDOT to develop a plan to ensure firefighters from the north could access
the fire station, including exploring options for emergency access routes. The measure was
critical to maintain response capabilities, as construction could restrict access to a large part of
the district. Chief Carey highlighted that they were collaborating with DelDOT to ensure
emergency access.
Mayor Christiansen reassured everyone that improvements to College Road are scheduled to
follow the completion of the Dover Kenton Road improvements. He noted that Kent County and
the Metropolitan Planning Organization (MPO) have recognized the growth on the west side of
the city, prompting the prioritization of these infrastructure projects.
Mr. Neil made a motion to refer as recommended by staff to the Planning Commission of
the Planned Neighborhood Design-Senior Citizen Housing Option of Villages of Maple
Dale (Updated Phase 3) for further review, seconded by Ms. Arndt and carried
unanimously. (Pillsbury absent)
SALE AND DISPOSITION OF EXCESS REAL PROPERTY – ADJACENT TO 600
FOREST STREET – PARCEL ID: ED-05-076.12-02-75.00
Mr. David Hugg, III, City Manager, briefed members on the Sale and Disposition of Excess Real
Property – Adjacent to 600 Forest Street.
Mr. Hare made a motion to accept the staff recommendation, seconded by Mr. Anderson.
Mr. Boggerty proposed an amendment to the motion, suggesting the establishment of a
community fund. The goal of the fund would be to reinvest resources into neighborhoods across
the city, helping with cleanup efforts and addressing other challenges the community faces. He
explained that nonprofit organizations could earn funds through volunteering for cleanup
activities, and the community fund could also support them in organizing fundraisers or other
initiatives.
Mr. Boggerty made a motion for the amendment to be approved with the understanding that all
proceeds from the property and properties moving forward would be moved into a community
fund to be reinvested for community initiatives. This was seconded by Dr. Sudler.
Responding to Mr. Lewis, Mr. Hugg stated that the total sale of the property was $15,200. The
code provides that the sale of the properties to adjacent property owners, either be at the assessed
value or the result of the current appraisal.
Responding to Mr. Lewis, Mr. Hugg stated that the property is city-owned and that the city has
maintained the property from time to time. Although the adjacent property owner has regularly
cut the grass and other minor maintenance. There is no outstanding debt on the property and the
results are from a series of land track transactions dating back to the early 1900’s. There is no
regular budget for the maintenance of the property.
Página 29
CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 29
Responding to Mr. Lewis, Mr. Hugg stated that the adjacent property owner would like to
purchase the additional property under the exemption, Theory of the Surplus Land Ordinance.
Mr. Boggerty made a motion for the amendment to be approved with the understanding
that all proceeds from the property and properties moving forward would be moved into a
community fund to be reinvested for community initiatives, seconded by Dr. Sudler and
carried by unanimous roll call vote. (Pillsbury absent)
Dr. Sudler made a motion for the sale of the adjacent to 600 Forest Street as amended with
the proceeds going into the Community Development Fund, seconded by Mr. Hare and
carried by unanimous roll call vote. (Pillsbury absent)
FIRST READING REFERRAL – PROPOSED ORDINANCE #2024-29 – AMENDING
APPENDIX B - ZONING, ARTICLE 3 – DISTRICT REGULATIONS, SEC. 19 –
MANUFACTURING ZONE (M), SEC. 20 – INDUSTRIAL MANUFACTURING ZONE
(IPM), SEC. 23 – AGRICULTURAL ZONE (A), ARTICLE 5 – SUPPLEMENTARY
REGULATIONS, SEC. 24 – MARIJUANA RELATED BUSINESSES, ARTICLE 12 –
DEFINITIONS
Ms. Dawn Melson-Williams, Principal Planner, reviewed Proposed Ordinance #2024-29
– Amending Appendix B – Zoning, Article 3 – District Regulations, Sec. 19 –
Manufacturing Zone (M), Sec. 20 – Industrial Manufacturing Zone (IPM), Sec. 23 –
Agricultural Zone (A) Article 5 – Supplementary Regulations, Sec. 24 – Marijuana
Related Businesses, Article 12 - Definitions (Formerly Proposed Ordinance #2024-25A –
Recreational Marijuana Business Licenses: Cultivation, Manufacturing, and Testing
Facilities)
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 #2024-29 – AMENDING APPENDIX B - ZONING, ARTICLE 3
– DISTRICT REGULATIONS, SEC. 19 – MANUFACTURING ZONE (M),
SEC. 20 – INDUSTRIAL MANUFACTURING ZONE (IPM), SEC. 23 –
AGRICULTURAL ZONE (A), ARTICLE 5 – SUPPLEMENTARY
REGULATIONS, SEC. 24 – MARIJUANA RELATED BUSINESSES,
ARTICLE 12 – DEFINITIONS
FIRST READING REFERRAL – PROPOSED ORDINANCE #2024-30 – AMENDING
APPENDIX B – ZONING, ARTICLE 3 – DISTRICT REGULATIONS, SEC. 16 –
HIGHWAY COMMERCIAL ZONE (C-4), ARTICLE 5 – SUPPLEMENTARY
REGULATIONS, SEC. 24 – MARIJUANA RELATED BUSINESSES, ARTICLE 12 –
DEFINITIONS
Ms. Dawn Melson-Williams, Principal Planner, reviewed Proposed Ordinance #2024-30 –
Amending Appendix B – Zoning, Article 3 – District Regulations, Sec. 16 – Highway
Commercial Zone (C-4), Article 5 – Supplementary Regulations, Sec. 24 – Marijuana Related
Businesses, Article 12 – Definitions (Formerly Proposed Ordinance #2024-24A – Recreational
Marijuana Business Licenses: Cultivation, Manufacturing, and Testing Facilities)
Página 30
CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 30
Responding to Mr. Neil, Mr. Anderson stated that these are identical to previously passed #2024-
25A and #2024-25B and that there have been no changes in the dialogue, just the change in the
ordinance number. He noted that the amendment was made in Committee, and the only changes
were those publicly made and voted upon by the Legislative, Finance, and Administration
Committee.
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 #2024-30 – AMENDING APPENDIX B – ZONING, ARTICLE 3
– DISTRICT REGULATIONS, SEC. 16 – HIGHWAY COMMERCIAL ZONE
(C-4), ARTICLE 5 – SUPPLEMENTARY REGULATIONS, SEC. 24 –
MARIJUANA RELATED BUSINESSES, ARTICLE 12 – DEFINITIONS
FIRST READING – PROPOSED ORDINANCE #2024-24 – AMENDING CHAPTER 26
BUSINESSES, ARTICLE II – LICENSES, SEC. 26-31. – DEFINITIONS, AND
APPENDIX F – FEES AND FINES, CHAPTER 26
Ms. AnnMarie Townsend, Consultant from Rossi Group, reviewed Proposed Ordinance #2024-
24 – Amending Chapter 26 Businesses, Article, II – Licenses, Sec. 26-31. – Definitions, and
Appendix F – Fees and Fines, Chapter 26 (Formerly Proposed Ordinance #2024-24A –
Recreational Marijuana Business Licenses: Cultivation, Manufacturing, and Testing Facilities)
Responding to Dr. Sudler, Ms. Townsend clarified that the discussion was solely about licensing
and did not imply any changes to existing regulations. She emphasized that the city would not be
endorsing or approving the manufacturing and cultivation of marijuana in any specific area. She
stated that if these activities were permitted under Ordinances #2024-29 and #2024-30, the city
would charge a business license fee for those operations.
Responding to Ms. Townsend, Dr. Sudler stated that he had understood council’s sentiment to be
against the cultivation and manufacturing of marijuana while being supportive of the legalization
of dispensaries. He believed there was a consensus that council was not interested in allowing
manufacturing or cultivation, but he observed that it now seemed as though there was a shift
toward accepting the cultivation and manufacturing of marijuana.
Responding to Dr. Sudler, Ms. Townsend clarified that the ordinances that were released from
the Legislative, Finance, and Administration Committee meeting on October 15, 2024, including
allowing cultivation, manufacturing, and testing.
Responding to Ms. Townsend, Dr. Sudler expressed his opposition to the cultivation and
manufacturing of marijuana, citing concerns that it would place excessive strain on the water
system and overall infrastructure. He pointed out that this would lead to increased costs for
constituents, as they would bear the burden of upgrading the water system. The water
infrastructure could not support that demand. He questioned where the funds would come from
to upgrade the system, especially since they would not be receiving any proceeds or substantial
profit from the sale. They would only be providing basic water and electricity, which would not
help constituents pay for the water infrastructure. He expressed concern that federal and state
entities, along with municipalities, would reap all the financial benefits, while the local
Página 31
CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 31
community would bear the burden of discrepancies and the financial strain on the water system.
Responding to Dr. Sudler, Ms. Townsend clarified that the current measure only pertains to the
licensing and zoning portions, which would allow certain uses as permitted under Ordinance
2024-29. This is the first reading, and, like the prior two (2) ordinances, which are zoning-
related, they were referred to the Planning Commission. The vote tonight is simply to refer them
to the Planning Commission and set the public hearings. She emphasized that the council would
have the opportunity to vote and make amendments when the ordinance returns in December.
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 #2024-24 – AMENDING CHAPTER 26 BUSINESSES,
ARTICLE II – LICENSES, SEC. 26-31. – DEFINITIONS, AND APPENDIX F –
FEES AND FINES, CHAPTER 26
FIRST READING – PROPOSED ORDINANCE #2024-25 – AMENDING CHAPTER 26
BUSINESSES, ARTICLE II – LICENSES, SEC. 26-31. – DEFINITIONS, AND
APPENDIX F – FEES AND FINES, CHAPTER 26
Ms. AnnMarie Townsend, Consultant for Rossi Group, reviewed Proposed Ordinance
#2024-25 – Amending Chapter 26 Businesses, Article II – Licenses, Sec. 26-31. -
Definitions, and Appendix F – Fees and Fines, Chapter 26 (Formerly Proposed Ordinance
#2024-24B – Recreational Marijuana Business Licenses: Compassion Centers, Retail
Marijuana Stores)
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 #2024-25 – AMENDING CHAPTER 26 BUSINESSES,
ARTICLE II – LICENSES, SEC. 26-31. – DEFINITIONS, AND APPENDIX F –
FEES AND FINES, CHAPTER 26
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg mentioned a vacancy and an impending retirement in the building code department.
They reached out to Code Solutions International LLC, a third-party provider based in
Harrington, Delaware, which already serves several Delaware communities, including
Harrington, Cheswold, Wilmington, and the Kent County Building Department. He noted that
negotiations were underway with the company to assist in filling the staffing gap while efforts
are made to bring staffing levels back to a reasonable standard. Mr. Hugg explained that the
proposal from Code Solutions International LLC was both workable and affordable, and they
plan to move forward with it.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen reminded everyone that Halloween Trick or Treat would take place from
6:00 and 8:00 p.m. on Thursday, October 31, 2024. He urged both children and parents to be
cautious during the event, sharing statistics that while children are rarely at risk from poisoned or
laced candy, they are more vulnerable to being run over by a car. He emphasized that he hoped
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CITY COUNCIL MEETING OF OCTOBER 28, 2024 PAGE 32
for a safe, happy Halloween with no tragic incidents.
Due to the upcoming Veteran’s Day holiday, Mayor Christiansen noted that there would be no
council meeting. He took the opportunity to remind the public about two (2) prominent Veteran’s
Day celebrations in Dover: one at 9:00 a.m. on November 11, 2024, at Delaware Technical and
Community College, and the second at 2:00 p.m. at the Vietnam Veteran’s Memorial near the
Kent County Levy Court Building. Mayor Christiansen encouraged everyone to take a moment
to thank a veteran, as their service made it possible for the community to enjoy the freedoms they
have today.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson reminded everyone that early voting has begun and encouraged everyone to take
advantage of their right to vote. He also noted that while there would be no meeting on Veteran’s
Day, the Council Committee of the Whole meeting would resume on November 12, 2024, and it
would be led by Ms. Arndt. Mr. Anderson added that those involved in addressing the current
issues, including in the executive session, were satisfied with the process, confirming that
qualified individuals were involved and that there were no anomalies in the process.
The meeting adjourned at 9:12 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of October 28, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1 – Chief Thomas Johnson’s Response to Mr. Mayhall’s Excessive Force Allegation
Página 33
EXHIBIT #1
Regular City Council Meeting of 10/28/2024
During the public comment period of the Council Meeting of October 14th, an individual made
an excessive force allegation against the Dover Police Department. During those comments, the
subject specifically stated that they were beaten and tortured at the hands of police, that the
pending charges were dropped by the Delaware Department of Justice, and that the FBI was
investigating the incident.
The reaction of the audience, and others in the chamber, made it clear to me that a significant
number of those present were assigning credibility to these allegations. Understanding the rules
of the public comment period, I was in no position to respond to those claims. At the end of the
comment period, nothing had transpired that could be interpreted as a move to balance
perceptions, so that a review of the completed investigations could be provided, to inform
stakeholder opinions. As you might imagine, my due diligence to address Council’s concerns
regarding these allegations began at the conclusion of that Council Meeting. I had my Captain of
Professional Standards meet me at HQ and we conducted a complete review of the file.
At this point, I think I should note a few things. First, I was aware of the complaining party by
name, but I was not acquainted with him. The entire operational chain of command, up to the
level of the Deputy Chief reviews every use of force event involving Dover PD. The
complaining party’s case was no different and nothing was flagged during the first review.
Reviewing all use of force is an accreditation standard that we must follow to the letter- and
ultimately prove our compliance to the national accreditation body.
Upon receiving the formal complaint against the officer, the Deputy Chief assigned the matter to
the Internal Affairs Office. As with all formal complaints, this investigative supervisor is tasked
with a comprehensive review of the incident to determine if there were any violations of policy.
To state the obvious, criminal conduct is a violation of policy.
Second, I know that most of you have heard me describe my leadership philosophy on prior
occasions. For the benefit of those who have not, I will briefly state that I follow a servant
leadership path. In my role as the Chief of Police, I serve the City, and this community, with the
same energy as I serve the members of my team in the dual role of agency executive and city
department head. In serving the City, I fulfill my management responsibilities to the best of my
ability so that the community receives professional and effective policing services. Part of the
professional process includes establishing high standards of conduct, which are complete with
mechanisms of accountability.
In serving the team, and in this case the group of officers who answered a call for service, I
defend their actions when a professional review shows that they met the benchmarks and
remained within policy, which in this case involved a domestic violence investigation. So in this
moment, I stand here to defend the officers because it is the right thing to do based on my
review.
Lastly, there are an array of laws and regulations that will combine to limit my answers to certain
questions. Most have to do with the established protections for the involved officers and also
their accuser. To that end, I will not make reference to any names in my report this evening.
Página 34
My comments will also be restrained by the fact that the accuser has previously announced their
intention to file suit in this matter and I have an obligation to protect the city’s interests as with
all potential or pending litigation. Despite all of these factors, there is room for me to respond to
the allegation and remind any interested party of the oversight remedies available to the public.
On May 31, 2024, Officers from the Dover Police Department were dispatched to a domestic
disturbance at a residence located in the 200 block of Ann Avenue. During the field
investigation of the incident, an individual arrived on the scene and became involved in behavior
that escalated the tensions associated with the original dispute.
Officers on the scene directed the individual to leave the area but there was no cooperation and
they continued with their disorderly behavior. This individual continued to make statements that
indicated there was no intention to follow the directions of the Officers and the subject’s body
language indicated that the subject was preparing to back up the rhetoric with physical force.
This individual refused to depart the scene after multiple warnings and opportunities to leave as
directed by the Officers.
As a result of this non-compliance to lawful direction, and after making threatening statements to
police, the Officers took the individual into custody utilizing appropriate, and measured, levels of
force in response to the demonstrated resistance. Once in custody, it was learned that the
offender had sustained a minor cut on the forehead. It is noteworthy that the arrest occurred in
the middle of the roadway and some kind of soft tissue injury is usually associated with struggles
that occur on hard, abrasive surfaces. In compliance with policy, the subject was transported to
Bayhealth Kent Campus for evaluation and treatment before being released back to police
custody. The subject was charged at the time with two misdemeanor crimes.
The use of force review following the arrest was completed on June 11th and the memorandum
was signed off by the Deputy Chief on June 14th.
The internal affairs complaint was filed on June 7th and the report was completed by the
investigating supervisor on June 14th.
The combined file was reviewed and approved for disposition by the Chief on June 19th.
Both internal reviews concluded that the Officers acted within policy and did not use excessive
force. The complainant was informed of the outcome using a letter of standard format.
Not satisfied, the arrested individual then brought the case to the attention of the FBI and the
U.S. Department of Justice, specifically the U.S. Attorney’s Office for the District of Delaware.
The Dover PD immediately provided all of the case materials to the Federal authorities on
August 22nd when they arrived unannounced at our headquarters. The FBI investigated the
complaint and a Federal prosecutor reviewed the FBI file.
After their combined review, the Dover PD received official communication from the U.S.
Attorney’s Office on September 5th that they would not be pursuing any action against the
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Officers involved in the arrest. That might be the fastest clearance of a Federal inquiry that I
have ever witnessed during my time in law enforcement leadership.
Returning to the events at the October 14th Council Meeting, the individual connected to this
case outlined this incident to members of Council using subjective terms that would lead a
reasonable person to believe, absent any response, they were a victim of brutality. The way the
incident was characterized was simply false and inconsistent with the evidence.
To be specific, the most that happened to the subject was being wrestled to the ground while
refusing to be handcuffed in a standing position. The subject was held in place until being
securely handcuffed and then immediately brought back to a standing position. No one was
“beaten”. No one was “tortured”. The subject was brought into compliance using manual
control tactics and no additional tools or techniques were necessary.
On August 20th the criminal case, at the discretion of the assigned prosecutor, was nolle prossed
[without prejudice] by the Kent County Office of the Delaware Department of Justice. The
supervisor of the Misdemeanor Unit and the Chief Prosecutor in charge of the Kent County
Office reviewed the case file at my request. Their review found adequate probable cause and
enough evidence to earn a conviction should the case go to trial. The case was not withdrawn
due to any concern over the facts, or the actions of the Officers. For those that might not be
familiar, a “without prejudice” disposition allows for a reinstatement of the previously filed
charges, should the DOJ, at their discretion, choose that option. Bottom line, this individual
received the same break that many other defendant’s receive when the DOJ is working to
manage the court calendar.
The Dover Police Department is committed to holding our Officers to the highest standards of
professionalism and accountability. We don’t wait for complaints. We take every incident
seriously, ensuring they are thoroughly reviewed, in order to uphold public trust and ensure the
safety of our community. When complaints are received, they are acted upon in very short order.
Accreditation-driven policy standards ensure that there are no unnecessary delays.
History will demonstrate that when evidence of serious policy violations or employee
misconduct are uncovered, police administration acts decisively and appropriately. Those in
probable violation are immediately placed on leave pending investigative outcomes and proper
notifications are made to allow other professionals to begin their oversight functions, or track our
progress. If something serious were to occur, Council is not going to first hear about it in the
middle of a public meeting. When we’re wrong, we say so because it’s the right thing to do.
Tomorrow evening’s agenda will feature a presentation from Mr. Sean Moriarty, a retired
member of the Delaware State Police command staff and the current Executive Director of the
Delaware Police Officer Standards and Training Commission. His visit, as I understand it, will
be an informational session on the oversight of both our police agencies in Delaware and the
credentials of individual police officers authorized to work in the State. That presents a great
opportunity, inside of a 24-hour span of time, to hear about the strong mechanisms of regulation
that exist both locally and at the level of the State.
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I will conclude by stating again that I work with great people and I’m proud of their ongoing
contributions to the City of Dover. Our roughly 150 members managed over 43000 service calls
in 2023 and our efforts produced only 10 external complaints. I believe that is an awesome ratio
and something to be applauded. We do hire human beings and sometimes they make mistakes.
When they do, I will be there to make sure corrective action is taken. When they don’t, I will
also be there to offer thanks and encouragement for a job well done. When they are falsely
accused, I will defend them. I offer these remarks very respectfully and will answer the
questions that I can.
But before that, the FOP President would like a few moments to go on the record.