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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on December 9, 2024, at 6:45 p.m. with Council
President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Dr. Sudler, and Mr. Lewis.
Staff members present were Fire Chief Carey. Police Chief Johnson, Mr. Hugg, Ms. Marney,
Ms. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:18 p.m., prior to commencement of the Official Council Meeting.
Council President Anderson declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
William Faust, 136 Orchard Avenue, voiced concerns about the stormwater fees and other
increasing costs imposed by the city. He noted that the stormwater fee was implemented without
prior notification, and while a refund is now being processed due to corporate complaints, he
fears this will deplete the electric reserve funds, raising questions about their replenishment.
Mr. Faust highlighted several recent financial burdens on residents, including EMS fees, a 2%
square footage tax, and increases in electrical rates and services. He questioned what cost-cutting
measures have been implemented and raised concerns about the potential impact on the city’s
bond rating. While he supports raises for city workers, recognizing their hard work, he pointed
out that many residents are struggling with rising costs, often working multiple jobs, and may be
hesitant to voice their concerns publicly out of fear of repercussions. Mr. Faust emphasized that
he would prefer paying the $39 stormwater fee quarterly rather than facing higher taxes or utility
bills later. He urged the city to clarify what cuts are being made to manage these costs, stressing
the importance of maintaining essential services like police and EMS.
EShed Alston, 406 Arnold Court, addressed Mayor Christiansen to revisit a conversation with
him from 2023 concerning the original concept of Lenape Moore Day, which took place on
October 9 of that year, not Columbus Day of this year. Mr. Alston recounted meeting an elder
during the event, where they exchanged information about shaman rituals, including one
performed that day at McKinney's Garage. He has been trying for nearly two (2) years to identify
and reconnect with this elder, emphasizing the importance of respecting elders and seeking the
mayor's assistance in facilitating this connection.
Mr. Alston raised concerns about annexing the Generals Green area into the City of Dover,
noting that residents have lived there for nearly 40 years. They highlighted that Dover Police can
pursue vehicles up to the gates of the Dover Air Force Base, which requires passing through
Generals Green, suggesting the city should also have jurisdiction over the neighborhood. He
pointed out that while they pay their electric bill to the City of Dover, they are not considered
part of the city, describing it as "taxation without representation."
Mike Harrington, 516 Jefferic Boulevard, expressed concerns about the wastewater management
tax, advocating for a more equitable distribution method rather than basing it on land. He cited
the example of Best Buds, which faces nearly $1,000 per quarter in taxes for its parking lot.
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Mr. Harrington highlighted the challenge of managing this cost and noted his struggle to pass it
on to tenants who are already financially burdened.
Frank Zabe, 903 Schoolhouse Lane, expressed concerns about the wastewater management tax
and the stormwater fees. Mr. Zabe expressed his opposition to the policy, stating that he was a
victim of the backflow device mandate for his buildings. He explained that he spent $4,500 to
install the system, only to later learn it was unnecessary. Adding to his frustration, a third-party
contractor was now requiring them to have the backflow devices inspected annually, which
incurs additional costs for hiring a plumber. Mr. Zabe expressed dissatisfaction with being forced
to comply with these requirements despite the initial installation not being needed.
He stated that he has spoken to Mayor Christiansen and Mr. Hugg, but no one wants to take
responsibility for it. Mr. Zabe had asked for a rebate or some kind of concession for spending
$4,500 on something that was not needed and now he had found out that he was being billed by
another company representing the City of Dover Public Works to have a plumber come and
inspect the device, with payment to be submitted for the inspection. He stated that he was having
problems with his meters. He has four (4) meters on one of his buildings and he was billed four
(4) times for the EMS fee because he has four meters, but he only has one geographical location,
and he believes that this is unfair. Mr. Zabe expressed that he has gone to the City of Dover
Electric Department and was told that they only collect the money. He has talked with the City
Clerk’s Office and council, with no answer as to why. He is a small business owner who has
been successful for the past 60 years in the City of Dover and noted that the fees are getting
excessive. If they hit each resident once, some of the people like himself are being hit four or
five times on the fees and they add up.
Dr. Sudler asked if they could have a follow-up on how to merge the meters since at least two of
them are duplicates and asked if they could put a priority on following up on that.
Responding to Dr. Sudler, Mr. Zabe stated that after making three (3) separate trips to address
the issue, he eventually gave up on the matter and expressed that no one was taking
responsibility for resolving the matter.
Responding to Dr. Sudler, Mr. Zabe shared the contact number for the Army Navy Store.
Dr. Sudler noted that he would follow up with the city manager.
Responding to Mr. Zabe, Dr. Sudler mentioned that, depending on the circumstances, they may
be able to apply a credit to his account, such as his electric account, as a possible solution.
Mark Reeves, 10 Tanzanite Court, representing the Emerald Point Homeowner Association,
raised concerns about the safety and traffic flow between McKee Road and Gemstone
Boulevard. He highlighted that the community has only one (1) entrance and one (1) exit,
causing residents to wait around 10 to 15 minutes each time to leave. Despite multiple
discussions with DelDOT, the association has not received any resolution regarding the
installation of a traffic control device. Mr. Reeves, who has lived in the neighborhood since
2011, pointed out that the community has grown from 70 to 107 homes, and now approximately
250 vehicles enter and exit the neighborhood. Initially, the decision was made not to install a
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traffic control device but given the growth in the number of homes and vehicles, the need for one
has become more pressing.
Mr. Reeves further expressed that it is challenging for residents to exit onto McKee Road due to
the high traffic speed—45-50 miles per hour in both directions. While there is a traffic light at
the intersection of McKee Road and Saulsbury Road Extension, there is no middle relief lane for
drivers to pull into, and the area has seen numerous accidents. He mentioned a proposal for a
development across Gemstone Boulevard that would create a four-way intersection, but
construction for the development has been delayed, with an extension applied for. A traffic light
was promised after the fifth certificate of occupancy for the development, but this would mean
starting construction without a traffic control device in place, creating potential safety concerns
for both the construction entry and exit. Mr. Reeves requested the opportunity to attend an
official agenda meeting, where they could speak to the Safety Committee and have the
community voice their specific safety concerns.
Don Anderson, 505 Oak Lane, shared concerns along with his wife, Cecilia Ventura, about the
trash at Silver Lake. Ms. Ventura echoed her husband's concerns, specifically highlighting the
litter and shopping carts scattered throughout the neighborhood. She expressed that the presence
of trash makes her, and her husband feel unsafe. He mentioned that while they enjoy living in the
neighborhood, they wish it were cleaner, as Dover is a city where many people retire and should
live up to its reputation for cleanliness. (Exhibit #1)
Cecilia Ventura, 505 Oak Lane, expressed concerns about the trash at Silver Lake. She stated
that every day that they go into their home, there are litter and shopping carts in the
neighborhood. She noted that she and her husband do not feel safe because of what they see.
Lachelle Paul, 501 Silverside Drive, expressed frustration about the lack of consistency in trash
collection, and street sweeping, despite having signs indicating the scheduled days for pickup,
which were Wednesday and Friday. She pointed out that the streets were not being swept,
garbage was not being collected, and the streets were not being washed. When there is a holiday
pickup, it is often delayed by a day or two (2), and sometimes entire pickup cycles are skipped,
forcing residents to wait another week for service. Ms. Paul emphasized that regardless of
financial status, all residents pay taxes and pay for trash pickup, so they deserve consistent
service. She urged council to ensure that the scheduled pickups are being carried out properly.
Ms. Paul acknowledged Chief Johnson and the visible presence of his police officers in the area.
She pointed out that when the officers are present, it helps reduce undesirable behavior, but when
they leave, it becomes noticeable as people regroup and the situation deteriorates. She
emphasized that reviewing the cameras would provide evidence of this pattern. Ms. Paul
highlighted that the officers' presence contributes to the safety and well-being of the residents.
She complimented Chief Johnson for his attention to this issue and the improvements seen in
recent times.
INVOCATION
The invocation was given by Elder Ellis B. Loudon.
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Neil.
ADOPTION OF AGENDA
Ms. Arndt requested that items 32 and 33 be considered in front of Item 29 so all
marijuana items could be considered sequentially.
Ms. Arndt moved for adoption of the agenda as amended, seconded by Mr. Neil, and
carried unanimously.
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.
Dr. Sudler requested the removal of Item #10, Discussion – Stormwater Utility Billing Concerns,
be removed from the consent agenda.
Mr. Neil moved for adoption of the consent agenda as amended, seconded by
Mr. Anderson, and carried by a unanimous roll call vote.
PRESENTATION – RECOGNITION AND CONGRATULATIONS – DEBBIE A.
O'BRIEN
The City Clerk read the following Certificate of Recognition and Congratulations into the record:
CERTIFICATE OF RECOGNITION
presented to
Debbie A. O’Brien
In recognition of your outstanding accomplishment in completing the Government Finance
Officers Association (GFOA) certification process and achieving the designation of Certified
Public Finance Officer (CFPO)
Your dedication to excellence in public finance, unwavering commitment to professional growth,
and extraordinary achievement as only the third individual in the State of Delaware to earn this
prestigious certification are truly amenable.
Your accomplishment reflects your expertise, determination, and leadership in advancing the
principles of accountability, transparency, and fiscal responsibility in public service.
The City of Dover honors your exceptional achievement and thanks you for your continued
contributions to the Finance Department and our community.
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PRESENTATION – RECOGNITION AND CONGRATULATIONS – SHARON J. DUCA
The City Clerk read the following Certificate of Recognition and Congratulations into the record:
CERTIFICATE OF RECOGNITION
presented to
Sharon J. Duca
In recognition of your outstanding accomplishment in obtaining the prestigious ICMA-CM
(International City/County Management Association Credentialed Manager) designation.
Your dedication to professional growth, commitment to excellence in local government
management, and tireless efforts to serve your community exemplify the highest standards of
leadership and service.
This significant milestone reflects your unwavering commitment to ethical governance,
continuous improvement, and effective management practices.
The City of Dover extends sincere appreciation for your exceptional accomplishment and looks
forward to your continued contributions to public service and leadership excellence.
PUBLIC HEARING/FINAL READING – 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 LAND USE AND ZONING:
CULTIVATION, MANUFACTURING, AND TESTING FACILITIES)
A public hearing was duly advertised for this time and place to consider approval of proposed
zoning text amendments to Appendix B-Zoning, Article 3 – District Regulations, Section 19 –
Manufacturing Zone (M), Section 20 – Industrial Park Manufacturing Zone (IPM), Section 23 –
Agricultural Zone (A); Article 5 Supplementary Regulations; Section 24 – Marijuana Related
Businesses, Article 12 – Definitions.
Mr. Neil moved that the Final Reading of Proposed Ordinance #2024-29 be acknowledged
by title only, seconded by Dr. Pillsbury, and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of October 28, 2024.)
Ms. Dawn Melson-Williams, Principal Planner, briefed the members of council on the proposed
Ordinance #2024-29 – Amending Appendix B-Zoning, Article 3 – District Regulations, Section
19 – Manufacturing Zone (M), Section 20 – Industrial Park Manufacturing Zone (IPM), Section
23 – Agricultural Zone (A); Article 5 Supplementary Regulations; Section 24 – Marijuana
Related Businesses, Article 12 – Definitions.
Responding to Mr. Rocha, Ms. Melson-Williams stated that there have been several inquiries
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regarding the recreational marijuana land use in general and they have advised those individuals
that there was currently a moratorium in place through the end of the calendar year as council
was still considering ordinances related to those land use activities.
Responding to Mr. Rocha, Ms. Ann Marie Townsend, Rossi Group, stated that one of the items
under the regulations, once a business was selected through the lottery process, they have 18
months to find a location. There have been businesses selected in Kent County, but they were not
tied to location, and they needed to provide the paperwork that verifies that they are eligible
under zoning. She noted that there are no specific locations in the city at this point, however, the
conversion licenses have been approved but not issued. The medical dispensary that is in the city
was one of the recipients of a conversion license, so if the ordinance does not pass to allow that,
they would have to relocate.
Responding to Mr. Rocha, Ms. Townsend clarified that it has nothing to do with manufacturing.
Responding to Mr. Rocha, Ms. Townsend explained that the map highlights certain areas,
marked in purple, where industrial marijuana-related businesses could potentially be located, as
long as they aren't covered by the gray boundaries. The areas include limited spaces near Kraft
and the Dover Air Force Base, as well as a small location on McKee Road. However, the map
doesn't account for specific building footprints, which is important because if a building is
partially within the eligible area, the entire building may not qualify for use by these businesses.
Therefore, while the map shows potential locations, the actual availability of space and building
suitability could limit the number of businesses that can be established in these zones.
Responding to Dr. Sudler, Ms. Townsend explained that Mr. Lyon and his staff had conducted a
model to identify the locations where industrial marijuana-related businesses could potentially be
established based on the map. These locations would not require major upgrades, and any
necessary upgrades would be the responsibility of the applicants, not the city. However, she
noted that some areas would be ineligible because they would not be able to accommodate the
fire flow requirements. Specifically, certain locations near Bay Road and Dover Air Force Base
might not be suitable, depending on their water usage. If a site cannot meet these regulations,
individuals will not be able to open a facility there.
Responding to Dr. Sudler, Ms. Townsend clarified the distinction between manufacturing and
cultivation in the context of marijuana-related businesses. She explained that cultivation refers to
the growing process of the operation, which consumes a significant amount of water and
electricity. On the other hand, product manufacturing involves taking the grown plants and
processing them into various end products, such as vape oil, edible products, or raw flour.
Dr. Sudler expressed his concern about the cultivation component of the ordinance, stating that
he would not vote in favor of it. He believed that cultivation would place additional strain on the
water system, especially since upgrades are already being considered to address wastewater and
other infrastructure issues. While he is not opposed to the manufacturing or testing facility
components of the ordinance, his concern centers on the impact of cultivation.
Council President Anderson declared the hearing open.
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Dina Vendetti, 435 North DuPont Highway, represented the Central Delaware Chamber of
Commerce and emphasized that the Central Delaware Chamber of Commerce's stance on the
ordinances has remained consistent throughout the process. She pointed out that, based on the
ordinance under discussion and the associated questions and concerns, it appears the city would
gain no fiscal benefits from its approval and could face potential costs. For these and other
reasons, she expressed that pursuing the ordinance might not be a prudent decision for the city.
Responding to Ms. Paul, Mr. Hugg stated that all proceeds from the licensing and regulation
portion of the marijuana ordinance are directed at the state, with no local share of licensing or
fees. He explained that the city's revenue would depend on the utility usage of the operation,
such as water, sewer, and electric services, for which the operation would pay like any other
large customer. Additionally, he noted that there might be property tax benefits depending on the
level of investment, particularly in manufacturing.
Responding to Mr. Anderson, Mr. Hugg clarified that they could not estimate potential revenue
without knowing the scope of the operation. He explained that until an application is submitted
detailing the amount of land to be cultivated and the space allocated for manufacturing, they
would not have a solid basis for determining potential revenue figures.
Responding to Mr. Anderson, Ms. Townsend stated that Mr. Lyon had analyzed models to
estimate water usage and projected revenue for a 100,000-square-foot facility. She noted that
water revenue would be a minimal $3,000 annually. However, significant revenue was projected
from electricity, based on other growth facilities in the state. With an average consumption of
5.36 kilowatt hours per square foot, a 100,000-square-foot facility could generate approximately
$462,000 annually in electricity revenue. A portion of this would cover power purchase costs,
but some would benefit the city. She emphasized that this would likely be the primary source of
revenue, depending on the facility's size. The analysis used a large facility to ensure the system
could support it, acknowledging that smaller facilities would have reduced electricity usage and
revenue.
Responding to Mr. Rocha, Ms. Townsend stated that other facilities can cultivate, manufacture,
and test all in one in the state and that is where they are fully vertically integrated. A facility in
Newark called Fresh Delaware grows manufactured products, testing, and retail all at the same
location.
William Faust, 136 Orchard Avenue, inquired whether, given limited resources, there would be
sufficient funding for the Police and Fire Departments if the policy were implemented. He also
asked whether there was any information about the storage of chemicals for marijuana
manufacturing and any security concerns for the police associated. He referenced Chief
Johnson’s earlier statement about being understaffed and suggested that an additional 10 officers
would be beneficial. Mr. Faust expressed concern about whether the city has enough manpower
to manage these responsibilities while ensuring public safety.
EShed Alston, of 406 Arnold Court, discussed that there were thousands of dollars made on the
streets every day and the idea that there was no value added to marijuana and street-level drugs
in Delaware was ridiculous because there is a lot of money involved. Citing reports from
California and other areas that have embraced similar policies, he highlighted public safety
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concerns, such as accidents caused by individuals under the influence. Mr. Alston raised two key
issues: the economic viability of the drug trade in Dover, with marijuana being a substantial part
of it, and the question of who would benefit financially from it and where the money would go.
There being no one else present wishing to speak, Council President Anderson declared the
public hearing closed.
Responding to Mr. Anderson, Ms. Townsend explained that the state enforces strict security
measures through statutes and regulations. Every plant and growth are tagged and barcoded,
allowing it to be monitored from cultivation to product creation and final sale. She noted that
facilities must comply with stringent security standards, including video surveillance and secure
storage requirements. Additionally, manufacturing, cultivation, and testing facilities are not open
to the public and have security procedures to restrict access to areas where products are handled.
Responding to Mr. Anderson, Chief Johnson acknowledged ongoing concerns and, referring to
Ms. Townsend's remarks, questioned the necessity of strict regulations for retail-destined
products from seed to sale. He noted that tracking valuable items invites risks such as burglary at
growth, testing, or cultivation sites, hijacking during transit, and robbery during delivery. While
expressing concerns across the board, he clarified that he did not want to sound negative, since
they were not discussing the significant number of locations, but all the concerns are
omnipresent.
Responding to Mr. Boggerty, Ms. Townsend clarified that, as of now, there are no recreational
marijuana facilities in the state. Regarding conversion licenses, she explained that existing
growers are expected to transition into the cultivation and manufacturing of the product. She
stressed that they are still in the early stages of the process and have not yet reached the point
where any legal marijuana is being sold.
Responding to Mr. Boggerty, Ms. Townsend clarified that facilities within the state, whether
recreational or medical, were already engaged in production and manufacturing activities.
Responding to Mr. Boggerty, Ms. Townsend stated that she was not aware of any reports of
criminal activity at marijuana facilities, whether recreational or medicinal. She mentioned having
discussions with municipalities where the facilities are located and with the Office of the
Marijuana Commissioner, noting that the issue had not been raised.
Responding to Mr. Boggerty, Ms. Townsend explained that security measures begin at the very
start of the process, as soon as a facility is licensed to cultivate. While she admitted some
uncertainty about the initial source of the seeds, she emphasized that once the seeds enter the
cultivation facility, until it is sold, they are tracked throughout the process.
Responding to Mr. Lewis, Ms. Townsend stated that she was unaware of any incidents or
increases in crime related to marijuana facilities. She mentioned having spoken with staff in
Milford and Newark, where the facilities are located, and confirmed that no issues had been
raised.
Mr. Lewis referenced a previous meeting where Chief Johnson confirmed that the current
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medical marijuana facility in Dover, Best Buds, had only experienced one alarm, with no other
incidents.
Responding to Mr. Lewis, Chief Johnson clarified that there have been no incidents of any
significance related to the marijuana product, they have only responded to calls you would
except for a typical address.
Responding to Mr. Lewis, Ms. Townsend explained that the industrial zones, where marijuana
facilities are located, have several warehouses. She pointed out that multiple factors must be
considered when looking for suitable spaces, ensuring that the building footprint does not
interfere with required distance regulations.
Responding to Mr. Lewis, Ms. Townsend acknowledged that most of the industrial zones are
located in the inner population of Dover. However, she pointed out exceptions like the Enterprise
Business Park and Kraft Foods, which are closer to town, but are separated from residential
areas.
Responding to Mr. Lewis, Ms. Townsend highlighted the potential on Horse Pond Road for
marijuana facilities but noted a limitation due to the Airport Environs Zoning Overlay (AE). The
map indicated that the clear zone and APZ-1 areas prohibited food manufacturing. As a result,
marijuana products would not be allowed in those zones since marijuana would be considered
consumable, which cannot be produced in areas where food manufacturing was prohibited.
Mr. Neil expressed that they are on the horns of a dilemma. He acknowledged that the state has
legalized marijuana, and the focus would be to determine where it should be allowed and how to
control the impact on the community. He recognized that while the benefits would not be
significant, one advantage would be that the marijuana facilities could help manage the risks
associated with marijuana laced with dangerous substances like fentanyl. Mr. Neil stated that
marijuana legalization would not be a cure-all for the city, and the financial gains would not be
big, only limiting too small amounts of money from utilities like electricity and water.
Mr. Neil stated that it would generate property tax revenue by filling empty spaces and serving a
purpose. Mr. Neil explained that if he was in the legislature he would have voted against it
because he believed that there is a dependency, except for the medical aspect of it. He noted that
from the medical aspect, without the conversion license, the one marijuana facility could not stay
open. Mr. Neil believed that it needs to be approved and that placing the marijuana facilities in
the best possible locations, whether for retail or cultivation, would be best. This is the best option
for them because it cannot be stopped.
Responding to Mr. Lewis, Ms. Townsend stated that it was unlikely the state would return a
portion of its revenue to municipalities once the marijuana program was in place. She mentioned
that if the League of Local Governments felt strongly about the issue, they could potentially
lobby the state to secure even just 1% of the 15% revenue. She emphasized that they would need
to rely on the League of Local Governments to advocate for them.
Responding to Mr. Lewis, Ms. Townsend stated that she had not heard of any plans for the state
to allocate additional revenue to municipalities beyond fees. However, she noted that each year,
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the League of Local Governments determines what their legislative priorities are. With many
municipalities adopting ordinances to allow cannabis to some degree within their limits,
Ms. Townsend emphasized the importance of those municipalities continuing to bring up the
issue to advocate for any potential benefits.
Responding to Mr. Lewis, Ms. Townsend clarified that it was always possible to amend the
zoning ordinance. If the municipality decided to expand the zones in the future, they could do so.
She noted that while it was more challenging to reverse changes, it is easier to expand, but that
could always be an option.
Ms. Arndt reflected on the long process of considering the ordinance, noting that public
comments were roughly split, with a slight majority against it during this evening session. She
acknowledged the mixed opinions heard during the listening sessions and public comment
hearing, emphasizing that marijuana was legal statewide. Ms. Arndt agreed with many of
Mr. Neil’s points and noted that council had made a good-faith effort to address concerns. She
highlighted the stringent state regulations and the additional layers of considerations in the
ordinance, such as odor, safety, and utilities. She expressed satisfaction with the compromise
reached, even though she anticipated their stance might not be popular, suggesting that if half the
people were upset, they may have successfully balanced both sides of the issue.
Mr. Neil moved for the adoption of Ordinance #2024-29. The motion was seconded by Ms.
Arndt.
Responding to Dr. Sudler, Ms. Melson-Williams explained that the motion was to approve
Ordinance #2024-29 presented for its final reading. The ordinance addressed manufacturing,
cultivation, and testing. She noted that it established where the uses can happen, supplementary
regulations, and definitions.
Responding to Mr. Hare, Ms. Melson-Williams clarified that the ordinance would establish that
the manufacturer's cultivation, facilities, manufacturing facilities, and testing would be allowed
in the Manufacturing Zone (M). These same uses for the marijuana cultivation facilities,
marijuana manufacturing facilities, and testing facilities would be allowed in the Industrial Park
Manufacturing Zone (IPM Zone) and marijuana cultivation facilities in the Agricultural Zone
(A). The ordinance further outlines the supplementary regulations and specific definitions for
each land use category.
Responding to Dr. Pillsbury, Ms. Melson-Williams stated that the ordinance addresses three
specific land use activities: cultivation, manufacturing, and testing.
Responding to Mr. Boggerty, Ms. Townsend described the marijuana industry as a developing
sector. She noted that Del-Tech offers a training program for the marijuana business industry.
She also mentioned concerns raised by the commissioner’s office about mold, pesticides, and
toxins in plants due to a lack of oversight in cultivation, as well as the concerns Mr. Neil raised
about the fentanyl in the plants. While a PhD in chemistry is not required to work in the industry,
some level of education and training is necessary.
Responding to Mr. Boggerty, Ms. Townsend stated that the initiative would provide an
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opportunity to create jobs, though on a small scale.
Responding to Mr. Rocha, Ms. Townsend stated that waste from marijuana manufacturing is
addressed in the regulations. While she is unsure of the specific disposal methods, she noted that
such waste cannot simply be disposed of.
Dr. Sudler explained that he would be voting no, citing concerns that high demand from
manufacturing could necessitate upgrades to the water system infrastructure, with the financial
burden falling on the constituents.
Mr. Neil moved for the adoption of Ordinance #2024-29. The motion was seconded by Ms.
Arndt and carried, by a roll call vote of eight (8) yes (Hare, Boggerty, Neil, Pillsbury,
Arndt, Rocha, Lewis, Anderson), one (1) no (Sudler), Council adopted Ordinance #2024-29,
as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix B – Zoning, Article 3 – District Regulations, Section 19 – Manufacturing Zone
(M) be amended as follows:
Section 19. – Manufacturing Zone (M).
19.1 Uses permitted. No building or premises shall be used, and no building or part of a building
shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any
purpose, except the following, and in accordance with performance standards procedure as set
forth in article 5, section 8 and subject to the site development plan approval as set forth in
article 10, section 2:
19.17 Railroad yards, sidings, and storage facilities.
19.18 Marijuana cultivation facilities, marijuana manufacturing facilities, and marijuana
testing facilities subject to the requirements outlined in article 5, section 24.
19.19 Accessory uses:
(a) On-site offices, clinics, food service facilities, recreation facilities and child day
care services collocated within the permitted use and limited to exclusive use by
employees, and such other accessory uses and structures clearly incidental to, and
customary to and associated with the permitted use.
(b) The following uses may be permitted as conditional uses if approved by the
planning commission in accordance with the provisions and procedures set forth in
article 10, section 1 and any specified requirements set forth below:
(1) Associated retail uses in conjunction with and accessory to a permitted
use, provided that the associated retail uses do not occupy more than 30
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percent of the gross floor area of the building or group of buildings on a lot.
Parking shall be provided at a rate of one parking space per 300 square feet of
retail space for the exclusive use of retail customers in addition to the bulk
parking requirements of this zoning district for a particular use.
(2) Outside storage which is incidental to the primary uses on the lot, within a
completely enclosed and secure area appropriately screened from public view
and not in any required setback from property lines.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 3 – District Regulations, Section 20 – Industrial Park
Manufacturing Zone (IPM) be amended by inserting the text indicated in bold, blue font as
follows:
Section 20. – Industrial Park Manufacturing Zone (IPM).
20.1 Uses permitted. No building or premises shall be used and no building or part of a building
shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any
purpose, except the following, and in accordance with performance standards procedure as set
forth in article 5, section 8, and subject to site development plan approval as set forth in article
10, section 2:
20.19 Marijuana cultivation facilities, marijuana manufacturing facilities, and marijuana
testing facilities, subject to the requirements outlined in Article 5, Section 24.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A)
be amended by inserting the text indicated in bold, blue font as follows:
Section 23 - Agricultural Zone (A).
23.1 Uses Permitted. In an agricultural zone (A), no land or building shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any uses except the following:
23.17 Marijuana cultivation facilities, subject to the requirements outlined in Article 5,
Section 24.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
text indicated in bold, blue font as follows:
Section 24. Marijuana Related Businesses.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 13
24.1 Purpose. The purpose of this section is to protect public health and safety by
applying standards under which marijuana related businesses may operate within
the City of Dover, Delaware.
24.2 A compassion center is classified as retail use and is permitted in all
commercial zones where retail uses are permitted.
24.3 Where permitted in accordance with Article 3, marijuana cultivation facilities
are subject to the following restrictions:
24.31 The building footprint within which a marijuana cultivation facility is to be
located shall be at least 750 feet away from any residential zone, and any private or
public K-12 school, hospital, college or university, child day care center, or State
of Delaware licensed substance abuse disorder treatment facility.
24.32 All marijuana cultivation facilities shall install odor control technology, as
necessary, to control ventilation at the establishment in such a manner that no odor
from cannabis products can be detected outside the building on the same property
or on adjacent properties or in public rights-of-way, or within any other unit
located within the same building. The facility owner/operator shall properly
maintain all odor mitigation equipment to ensure maximum efficiency. An
application for a certificate of occupancy shall be accompanied by a certification
by a Professional Engineer, Certified Industrial Hygienist, or other equivalently
qualified professional that proposed odor control measures will effectively
eliminate outdoor odors associated with the cultivation of marijuana.
24.33 An application for a certificate of occupancy shall be accompanied by a
photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
State Code.
24.34 All building openings, entries and windows shall be located, covered or
screened in such a manner as to prevent a view into the interior from any public or
semipublic area.
24.35 The applicant is responsible for complying with the Code of Ordinances of
the City of Dover, Delaware including all provisions in Chapter 110, Article II,
Sec. 110-31 and Chapter 110, Article III, Sec. 110-63.
24.36 The applicant is responsible for all costs associated with infrastructure
upgrades, alterations, changes, or extensions required to provide adequate water,
wastewater, and electric utility service, including off-site upgrades required to
support the demand for water, wastewater, and electric utility service.
24.4 Where permitted in accordance with Article 3, marijuana product
manufacturing facilities are subject to the following restrictions:
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 14
24.41 The building footprint within which a marijuana product manufacturing
facility is to be located shall be at least 750 feet away from any residential zone,
and from the lot line of any private or public K-12 school, hospital, college or
university, child day care center, or State of Delaware licensed substance abuse
disorder treatment facility.
24.42 All marijuana product manufacturing facilities shall install odor control
technology, as necessary, to control ventilation at the establishment in such a
manner that no odor from cannabis products can be detected outside the building
on the same property or on adjacent properties or in public rights-of-way, or within
any other unit located within the same building. The facility owner/operator shall
properly maintain all odor mitigation equipment to ensure maximum efficiency.
An application for a certificate of occupancy shall be accompanied by a
certification by a Professional Engineer, Certified Industrial Hygienist, or other
equivalently qualified professional that proposed odor control measures will
effectively eliminate outdoor odors associated with the manufacturing of
marijuana.
24.43 An application for a certificate of occupancy shall be accompanied by a
photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
State Code.
24.44 All building openings, entries, and windows shall be located, covered, or
screened in such a manner as to prevent a view into the interior from any public or
semipublic area.
24.45 The applicant is responsible for complying with the Code of Ordinances of
the City of Dover, Delaware including all provisions in Chapter 110, Article II,
Sec. 110-31 and Chapter 110, Article III, Sec. 110-63.
24.46 The applicant is responsible for all costs associated with infrastructure
upgrades, alterations, changes, or extensions required to provide adequate water,
wastewater, and electric utility service, including off-site upgrades required to
support the demand for water, wastewater, and electric utility service.
24.5 Where permitted in accordance with Article 3, marijuana testing facilities are
subject to the following restrictions:
24.51 The building footprint upon which a marijuana testing facility is to be
located shall be at least 750 feet away from any residential zone, and from the lot
line of any private or public K-12 school, hospital, child day care center, or State
of Delaware licensed substance abuse disorder treatment facility.
24.52 An application for a certificate of occupancy shall be accompanied by a
photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
State Code.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 15
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated
in bold, blue font in proper alphabetical order as follows:
Article 12. – Definitions.
Compassion center means an entity registered pursuant to § 4914A of Title 16 of the
Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana,
paraphernalia, or related supplies and educational materials to registered qualifying patients who
have designated the dispenser to cultivate marijuana for their medical use and the registered
designated caregivers of these patients.
Marijuana cultivation facility or cultivation facility means an entity licensed by the State
of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana
stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities,
but not to consumers. A marijuana cultivation facility may not produce marijuana concentrates,
tinctures, extracts, or other marijuana products.
Marijuana product manufacturing facility means an entity licensed by the State of
Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products; and
sell marijuana and marijuana products to other marijuana product manufacturing facilities and
retail marijuana stores, but not to consumers.
Marijuana testing facility means an entity licensed by the State of Delaware to test
marijuana for potency and contaminants.
ADOPTED: December 9, 2024
PUBLIC HEARING/FINAL READING – 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 #2024-25B –
RECREATIONAL MARIJUANA LAND USES AND ZONING: RETAIL MARIJUANA
STORES)
A public hearing was duly advertised for this time and place to consider approval of proposed
zoning text amendments to Appendix B - Zoning, Article 3 – District Regulations, Section 16 –
Highway Commercial Zone (C-4); Article 5 – Supplementary Regulations, Section 24 –
Marijuana Related Businesses; Article 12 – Definitions.
Mr. Neil moved that the Final Reading of proposed Ordinance #2024-30 be acknowledged
by title only, seconded by Dr. Pillsbury, and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of October 28, 2024.)
Ms. Dawn Melson-Williams, Principal Planner, briefed the members of council on the proposed
Ordinance #2024-30 – Amending Appendix B- Zoning, Article 3 – District Regulations, Section
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 16
16 – Highway Commercial Zone (C-4); Article 5 – Supplementary Regulations, Section 24 –
Marijuana-Related Businesses; Article 12 – Definitions.
Responding to Dr. Pillsbury, Ms. Townsend referred to the map and highlighted that the red
areas that were not encumbered by a gray or yellow buffer were the areas where facilities could
be located. She noted that the way the ordinance was written, a retail facility cannot be located
within one (1) mile of another retail facility within the city. The ability to get more than three (3)
facilities would be highly unlikely because the math would not work out by the time the
distances were met.
Responding to Mr. Anderson, Ms. Townsend stated that the limit on the number of retail licenses
is six (6) for Kent County.
Responding to Ms. Arndt, Ms. Melson-Williams stated that in order to prohibit something in the
zoning ordinance, it would need to be specifically listed in the zoning ordinance. If there were no
provisions in place, for example, a retail store was to come to Dover, and they would have to
look wherever retail establishments were allowed. There either needs to be an ordinance that
places them in a specific zone with conditions, something that prohibits it, or they could choose
not to do anything. She noted that not doing anything means they would have to look at it like
any other retail establishment in the zoning ordinance because it was not specifically eliminated
by that product type. Certain zones allow for retail that does have some prohibitions on their
product type. If there is no action, then the interpretation would reside with the Planning Staff
and the zoning ordinance.
Responding to Ms. Arndt, Ms. Townsend concurred with Ms. Melson-Williams in the absence of
addressing the use based on the type of product. She explained that it was basically what that use
was, so manufacturing is considered manufacturing, and there are places in the zoning ordinance
where, for example, someone could have retail, but they cannot sell gasoline. Ms. Townsend
noted that unless it was expressly prohibited, it would fall to that use.
Responding to Ms. Arndt, Ms. Townsend clarified that if an ordinance was not in place after
December 31, 2024, the use could be permitted in any zone where retail was allowed.
Responding to Mr. Rocha, Ms. Townsend stated that if they wanted to extend the moratorium it
would need to be published on the agenda in advance of a meeting.
Responding to Mr. Rocha, Mr. Anderson stated that he would not call for a special meeting.
They have been doing this for two (2) years.
Responding to Mr. Hare, Ms. Townshend clarified that if nothing was done before the end of the
year, then the retail sale of marijuana could be anywhere where retail sales were allowed,
including downtown.
Council President Anderson declared the hearing open.
Mark Pugh, 728 Leipsic Road, addressed his concerns about the distance between the businesses,
noting that similar rules do not apply to other establishments like gas stations or liquor stores. He
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 17
highlighted that those regulations seem inconsistent compared to state guidelines for distances
from schools and churches. Mr. Pugh mentioned that he had received an offer on their property
and implied the importance of the matter in that context. He emphasized the significance of the
issue, agreeing with the council president that only six (6) licenses would be available across
Kent County. He expressed skepticism about Dover obtaining all of them. Drawing on his own
experience as a council member, he advised against imposing further restrictions, as the current
limitations are already substantial. He urged council to amend the ordinance, either removing the
additional restrictions entirely or aligning them with the state’s existing standards for schools and
churches.
Michael Pillsbury, 141 Shinnecock Road, expressed support for businesses in Dover selling
marijuana, highlighting Puffster as a suitable candidate. He noted that such businesses could
boost foot traffic on Loockerman Street. Mr. Pillsbury referenced an article stating that in areas
where marijuana has been legalized, teen usage has declined because legal access is more
difficult for underage individuals compared to the black market.
Aaron Epstein, Chief Operating Officer of CannTech Research, operating as Best Buds in Dover,
expressed gratitude for being part of the local business community and appreciated the council's
thorough debate on the issue. He emphasized the importance of allowing their marijuana
business to continue operating in the city, highlighting the job opportunities it creates. Operating
for two years as a unionized shop, he pointed out that the industry promotes unionization,
providing residents and constituents with benefits such as job security, health insurance,
retirement plans, and other employee protections.
He highlighted the wide range of opportunities that the marijuana industry offers, benefiting a
wide range of individuals, including veterans, recent college graduates, pharmacy technicians,
former teachers, and even ex-police officers. He emphasized the industry's capacity to unite
people from various disciplines into meaningful employment roles, such as scientists, laborers,
and growers. Mr. Epstein stated that another benefit to the program was designed to stamp out
the black market largely in its implementation and what they have seen in other states was that
when the practice of retail is banned, they are promoting the black market.
Mr. Epstein addressed safety concerns and discussions that there would be violence or there
might not be enough ambulances, police officers, or the fire department to handle the influx of
crime that would come about from allowing businesses to operate. He stated that it was not true.
He pointed out the successful integration of marijuana businesses in cities like Newark, Jersey
City, Hoboken, and Paterson, New Jersey, where no significant issues have arisen after two years
of legalization. He criticized opponents for spreading fear and adopting a "not in my backyard"
mindset, advocating instead for a safe and regulated environment in Dover.
Lachelle Paul, 501 Silverside Drive, expressed concerns about legalizing marijuana in relation to
fentanyl overdoses, as Mr. Neil had previously stated. She highlighted that New Street averages
about two overdoses per week involving illegal drugs. She emphasized the dangers of not
knowing the contents of illegal drugs. While acknowledging that marijuana is now legal, she
questioned whether individuals already using drugs would travel 20-30 minutes for legal
purchases when they could easily obtain substances around the street corner. She directed her
concerns to Chief Johnson, asking for statistics on marijuana drug use and the impact of the
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 18
black market. She suggested that understanding current black-market trends and incorporating
those numbers, how would help with those statistics if they made it legal.
Responding to Ms. Paul, Chief Johnson noted that her question would be a lot to unpack and in
the interest of brevity, the greater Dover, because it is one of those situations where in the
profession, they call crime that occurs across jurisdictional lines. He explained that while Dover
has a significant drug market, some of it is nearby, while most of it comes from far away. The
idea of the network of illicit drug distribution at times is complex. He clarified that his earlier
comments about potential concerns were not intended to be alarmist but from someone who has
dialed into the intel of the conditions that they have there. Chief Johnson stated that it was not
necessarily persuaded that one (1) or two (2) retail establishments to speak to the issue of the
statistics of what they would encounter in law enforcement would move the needle that much.
Comparing marijuana retail establishments to alcohol distribution centers, he suggested similar
issues could arise, such as loitering or solicitation. Chief Johnson does not necessarily believe
that adding legal retail in the city would solve juvenile consumption. He offered to provide
supporting data in the future, should council request it.
EShed Alston, 406 Arnold Court, shared his personal experience with the street-level marijuana
trade, emphasizing its reality as an economic resource and supporting efforts to regulate and
redirect the associated money into legitimate channels. He acknowledged the existence of the
black market and recognized it would continue to compete with legal establishments but argued
that regulation provides a better alternative for managing the industry.
Mr. Alston defended Councilman Hare’s concerns as legitimate and expressed support for legal
marijuana businesses despite potential competition. He highlighted the importance of ensuring
that communities of color, often at the forefront of street-level trade, have opportunities to
participate in the legal industry, referencing promises made during legalization discussions.
He called for prioritizing education and outreach to younger users, advocating for a "teach one,
reach one" approach to guide them toward safer, regulated products. Mr. Alston urged the
council to begin meaningful discussions that focus not just on immediate concerns but on long-
term benefits for future generations.
Cindy Christiansen, 714 Carroll Street, identifying as someone who does not use marijuana,
raised several concerns about its legalization and regulation. She criticized the lack of clear
enforcement mechanisms, fines, and ordinances at both state and local levels, citing examples of
public consumption violations in Dover, such as smoking on sidewalks and in cars. She
expressed doubts about the police force's ability to address these issues effectively, including the
capacity to test marijuana intoxication.
While she supported medical marijuana dispensaries requiring prescriptions, she opposed
opening dispensaries to the public, arguing it wouldn't prevent issues like fentanyl
contamination. Ms. Christiansen emphasized the dangers of fentanyl-laced products and
questioned the inconsistency in distancing requirements, pointing out that cultivation facilities
must be 700 feet from schools while retail locations need only be 500 feet away. She also
expressed frustration that churches were not considered in zoning regulations, despite their
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 19
activities during the week.
Ms. Christiansen referenced other cities like Dewey Beach rejecting marijuana sales and argued
that Dover, as the capital of the first state, should follow suit. She concluded by opposing the
legalization of public dispensaries, advocating instead of stricter regulations, and rejecting
marijuana sales in the city.
Eric Czerwinski, 34 Maple Lane, raised concerns about the high-security requirements for
marijuana businesses, suggesting that such establishments are not suitable neighbors and could
attract crime. He highlighted the differences between medicinal and recreational marijuana sales,
noting that recreational sales would bring significantly increased foot traffic and related
challenges. Drawing comparisons to experiences in states like Colorado and California, he
argued that legal retail sales often fail to eliminate the black market due to high costs, with many
consumers continuing to buy from illegal sources.
He warned of potential issues such as drug dealers loitering in retail parking lots, increased crime
along major corridors like DuPont Highway, and the stigma associated with marijuana sales,
which could deter other businesses from investing nearby. He also expressed concerns about
straw buyers enabling underage access to marijuana and noted that any potential revenue from
sales would likely be offset by increased enforcement costs. Mr. Czerwinski concluded by urging
the council to vote against allowing retail marijuana sales in Dover and Kent County, presenting
it as a straightforward decision to protect the community.
Dina Vendetti, 435 North DuPont Highway, representing the Central Delaware Chamber of
Commerce, reiterated her opposition to the retail sale of marijuana in Dover. She emphasized
that the Chamber had consulted with chamber executives from across the country, particularly
from cities where marijuana retail has already been implemented, to learn from their experiences.
She shared several concerns, notably that the legalization of marijuana retail led to increased
illicit drug use and a rise in crime.
She noted that the black market did not disappear but instead grew due to the high costs of
marijuana in dispensaries, with drug dealers often congregating in parking lots of legal retail
facilities. The majority of those she spoke with across various cities, including Denver, Portland,
and Atlantic City, advised against allowing retail marijuana sales, citing negative impacts on
crime and community welfare. She also emphasized that restricting marijuana sales could help a
community grow economically and become a more attractive destination rather than a pass-
through area. Ms. Vendetti reaffirmed the Central Delaware Chamber of Commerce's position
against the retail sale of marijuana, urging the council to consider the lessons learned from other
areas that have already experienced these challenges.
Scott Kidner, 3 Shinnecock Road, reiterated his strong opposition to the proposed marijuana
retail sales ordinance. He shared a recent experience at Elizabeth W. Murphey School’s
Christmas gift-wrapping event, where he spoke with Michael Kopp, Executive Director, who
expressed concerns about the city's decision to legalize marijuana sales. Mr. Kidner highlighted
the challenges faced by the 26 young people at Elizabeth W. Murphey School, suggesting that
introducing legal marijuana sales would make it harder for them and other residents by glorifying
drug use and making it more accessible.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 20
He argued that the decision to allow marijuana sales would negatively impact the progress made
by the Downtown Dover Partnership in revitalizing the area, fearing it would deter people from
coming to the city. Mr. Kidner emphasized that the issue is not about access, money, or taxes but
about the type of community Dover wants to be. He urged the council to reconsider the
ordinance, suggesting that allowing marijuana sales would make the city a place where people
"walk to get their drugs," which he believed would harm the city's reputation and future growth.
Bill Winters, 117 Loockerman Street, expressed opposition to the retail sale of marijuana. He
raised concerns about the current widespread public marijuana use, noting that it is already a
problem in the city, particularly in the downtown area. Mr. Winters emphasized that the police
force struggles to enforce existing laws around public marijuana use and that allowing retail sales
would exacerbate the issue. He described how, during events like the St. Patrick's Day parade,
marijuana use was persistent, with the smell infiltrating businesses and affecting those with
health conditions. (Exhibit #2)
Mr. Winters pointed out the challenges faced by businesses in downtown Dover due to the
existing marijuana use and argued that retail sales would undermine the city's revitalization
efforts. He emphasized the importance of the vision for downtown Dover's future, which he
believes would be threatened by the legalization of marijuana retail sales. Mr. Winters voiced his
opposition to retail sales both in the downtown area and along major highways, stressing that the
city's progress and revitalization efforts would be compromised.
Jun Xu, White Oak, explained that he moved to the area seeking a safer, higher quality of life for
his children. He expressed concern over the proximity of marijuana retail stores to residential
areas, particularly with a 500-foot buffer, questioning how such proximity would affect families
and children. Mr. Xu was unclear on how the buffer zones work and worried about the pervasive
smell of marijuana and its impact on the community. He emphasized the desire for a clean, safe
environment for his children and hoped that the council would make a wise decision in
consideration of the community's wellbeing.
Joan Denney, 350 North State Street, and the vice chair of the Dover Planning Commission,
shared her opposition to the retail sale of marijuana. She explained that she made the motion at
the planning commission meeting to simply "say no" to marijuana, reflecting her concerns about
its potential impact on the city. While she might have been okay with restricting marijuana sales
to the highway, she strongly opposed its presence downtown, especially with the upcoming
investments in downtown development. Ms. Denney highlighted the efforts to revitalize
Downtown Dover and expressed her belief that allowing marijuana retail sales in the area would
undermine those efforts. She and her husband, who enjoy visiting downtown for local events and
dining, were concerned about the negative effects such a decision might have on the
community's vibrancy.
Ms. Denney continued her remarks by emphasizing that she didn't believe downtown Dover,
particularly areas like Lockerman Street, was an appropriate location for retail marijuana sales.
She stressed that events like St. Patrick's Day exemplified the potential for downtown Dover to
thrive with community activities and foot traffic, and the addition of marijuana sales would not
be beneficial for its growth. Ms. Denney expressed a preference for not having marijuana sales at
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 21
all but suggested that if retail marijuana was allowed, it should only be permitted on the
highway, rather than in the downtown area. She also voiced concerns about the growing
disregard for laws, referencing her background in law enforcement, and suggested that once
marijuana retail sales were allowed, it would be difficult to reverse the decision.
There being no one else present wishing to speak, Council President Anderson declared the
public hearing closed.
Dr. Pillsbury made a motion for the Recreational Marijuana Ordinance Amendment #2, the
building footprint within which a retail marijuana store is to be located shall be at least 500 feet
from the lot line of any other retail marijuana store within the City of Dover. The motion was
seconded by Mr. Anderson.
Responding to Mr. Rocha, Mr. Anderson stated that several buffers would not be qualified. If
they look at the map and ignore the grayed-out areas, the red would be in that area with that
buffer.
Responding to Mr. Anderson, Ms. Townsend stated that by looking at the map, there could be
potentially a few more locations on the east side of the highway, if the one (1) mile was off,
particularly as it gets closer to Leipsic Road and North State Street.
Responding to Mr. Anderson, Ms. Townsend stated that there looks to be potentially two (2)
locations if they go north of Best Buds and possibly one if they go south if the mile is taken off.
Responding to Mr. Rocha, Ms. Townsend clarified that the Town of Smyrna has already
implemented ordinances for marijuana sales, treating them in a manner similar to liquor stores.
She also mentioned that the City of Milford is currently in the process of developing its
ordinances regarding marijuana, with two versions of the ordinance pending. One version would
be a prohibition on retail marijuana sales, while the other would allow it as a conditional use.
Responding to Mr. Rocha, Ms. Townsend stated that as of right now, it is only for medical
purposes, but facilities are eligible for a conversion license, which means that they would be able
to sell retail as well.
Responding to Mr. Rocha, Ms. Townsend stated that the new location would be within one mile
of an existing location, so it would apply to future locations.
Responding to Mr. Rocha, Ms. Townsend stated that as the ordinance was written, Best Buds
would be grandfathered in. If nothing has passed, they would have two (2) weeks where there
would be no rules in effect. The question would be if property owners come in requesting the
ability to open something, what would the city do? She does not know that they can
administratively put it on hold until the ordinances are approved. She noted that there was a
pending ordinance doctrine where if there was a pending ordinance, they would not approve of
something contrary to it.
Responding to Ms. Townsend, Mr. Rodriguez clarified that if an ordinance was pending
approval, actions that would conflict with the potential ordinance should not be approved.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 22
Ms. Arndt stated that this would be the first time that they would be seeing the change from one
(1) mile to 500 feet and that the maps were based on the information presented. To her
understanding, the 500 feet is consistent with other buffers within the ordinance, but if they have
come that far with one (1) mile in the ordinance, she would not be comfortable with changing it
via an amendment.
Responding to Dr. Pillsbury, Mr. Anderson stated that if they do not allow retail, then they would
not be allowed to do the conversion license, and it has been said that they would shut their doors
and move their jobs.
Dr. Pillsbury expressed concerns about losing a business in Dover when the business has already
invested a tremendous amount of money in security and everything. She noted that it does not
make any sense to pass an ordinance that would put them out of business. Dr. Pillsbury stated
that the first thing they should do was to approve the ordinance and then work on the
amendments.
Responding to Dr. Pillsbury, Mr. Anderson stated that parliamentary-wise, they could not do
that.
Dr. Pillsbury noted that she has concerns about shutting down the ordinance and not allowing
retail sales in the city.
Responding to Mr. Rocha, Ms. Townsend clarified that the ordinance currently being considered
permits retail sales only in the C-4 zone. If the property of Mr. Pugh was in a different zoning
classification, it would not be allowed under the proposed ordinance.
Mr. Anderson stated that according to the Kent County Pride server, Mr. Pugh’s property is
currently zoned C-4.
Ms. Townsend stated that there are properties that are used residentially but are not zoned in a
residential zone. The ordinance specifies a residential zone.
Ms. Melson-Williams stated that the apartments off Route 13 have a shopping center zone
because it was related to the neighboring parcel on DuPont Highway.
Ms. Townsend clarified that there would be no distance required from the apartments off Route
13 because they are not in a residential zone.
Dr. Pillsbury made a motion for Amendment #2 that the building footprint to be within
which a retail marijuana store is to be located shall be at least 500 feet from the lot line of
any other retail marijuana store within the City of Dover. The motion was seconded by Mr.
Anderson and failed by a roll call vote of four (4) yes (Boggerty, Pillsbury, Lewis,
Anderson), and five (5) no (Hare, Neil, Arndt, Rocha, Sudler).
Dr. Sudler stated on record that he wanted to initially say yes but voted no due to concerns from
constituents and uncertainty about the potential future impact.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 23
Mr. Neil moved to approve the Ordinance #2024-30. The motion was seconded by Ms. Arndt.
Mr. Rocha stated that the only reason why he considered the ordinance and personally felt that
this had nothing to do with what was discussed. He worked in anti-drug prevention for several
years, as a mobilizer and knows what the effects are. As a mobilizer, Mr. Rocha stated that he
had studied instances that have occurred in other cities and states, such as Denver, Colorado, and
Portland. He agreed with Dr. Dina Vendetti's concerns and leaned in favor of Ms. Christiansen's
statement. Mr. Rocha stated on record that he was going to stand with those who were against
the retail sale of marijuana in the city.
Mr. Boggerty stated that he was challenged due to people who are against having concerns which
make those concerns his own. He noted that the smell would not go away, whether it be
recreational or bought from the street. He expressed concerns about individuals incarcerated for
low-level marijuana offenses. Mr. Boggerty stated that individuals are incarcerated strictly for
marijuana distribution and that was a way to feed their families.
Responding to Mr. Boggerty, Mr. Anderson clarified that the ordinance could be revisited and
adjusted over time to address emerging issues.
Mr. Hare apologized to the constituents but expressed that he did not see any benefit to the city
from the proposed ordinance. He pointed out that the city is not generating revenue from it and
believes it would lead to additional issues. As a result, Mr. Hare stated that he would not be able
to support the ordinance based on the discussions held that evening.
Responding to Dr. Sudler, Mr. Anderson clarified that marijuana would remain legal regardless
of the council's decision. The issue at hand was determining how it would be regulated within the
city.
Responding to Dr. Pillsbury, Mr. Anderson stated that the part of the ordinance that specifically
allowed the business to convert as the ordinance is currently. If the ordinance passes, there would
be no such concern.
Responding to Dr. Pillsbury, Mr. Anderson explained that if the ordinance failed, a new
ordinance would need to go through the legislative process, including committee review, first
reading, second reading, and so on. He noted that if Best Buds license to convert was granted
during that time they would likely be grandfathered in, and it would be unreasonable not to do
so. However, if their license to convert was not granted, their status would depend on the
provisions of the new future ordinance.
Responding to Dr. Pillsbury, Mr. Epstein explained that their application process for conversion
was thorough, similar to that of a standard applicant. This included detailing general operations
like product dispensing and facility security, as well as providing extensive narratives on
protecting the current patient population, serving both adult-use customers and medical patients,
and supporting social equity applicants and programs. These plans were submitted to the
commissioner’s office, and the conversion was officially approved. He further clarified that any
potential closure would not result from regulatory decisions but from economic challenges.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 24
Following the legalization of adult-use cannabis in nearby states like Maryland and Delaware,
fewer people are registering for medical cannabis programs. While medical products are tax-
advantaged, costs such as card renewals and doctor’s fees reduce incentives to maintain medical
registrations. Mr. Epstein noted that this shift has made it financially unsustainable to operate
solely as a medical cannabis facility, putting the business at risk of closure due to economic
pressures.
Responding to Dr. Pillsbury, Ms. Townsend stated that she had discussed the situation with the
Commissioner’s Office regarding Best Buds. While the business has been approved for a license,
the office would not issue it until verification was provided that the use is permitted. She noted
that if marijuana was not allowed in Dover, the city would not be able to provide the verification
that it was permitted, which could jeopardize the issuance of their license.
Responding to Dr. Pillsbury, Ms. Townsend clarified that they would still be allowed for medical
only, but the market would not support it.
Responding to Mr. Hare, Mr. Anderson clarified that they would not have to come up with
something else if the ordinance did not pass. He noted that if they did not have something, then it
would put them in a situation like the Town of Smyrna was in, where any appropriate retail
avenue could open up a marijuana shop and it would be like a smoker/vape shop.
Responding to Mr. Hare, Ms. Townsend stated that if the ordinance were voted down, the current
moratorium would remain in effect until December 31, 2024. She noted that if the council's goal
was to prohibit marijuana, they would need to introduce a specific ordinance to that effect and
follow the necessary process.
Responding to Mr. Hare, Ms. Townsend stated that potentially anyone with a retail shop could
sell marijuana, but it would require them to go through the state to get the license.
Responding to Ms. Townsend, Mr. Hare believed that the decision being voted on that night was
final, but since it was not, they would have voted differently to keep the 500-foot requirement
along the corridor Route 13.
Responding to Mr. Neil, Ms. Melson-Williams stated that council was considering an
amendment that would change a distancing requirement related to retail marijuana stores. The
amendment was to an ordinance that was proposed #2024-30 that establishes where retail
marijuana stores could happen in the City of Dover. The ordinance aims to designate retail
marijuana stores as permitted use in the C-4 zoning district, which would cover the areas along
DuPont Highway and the Bay Road Corridor. Ms. Melson-Williams emphasized that without the
ordinance, the zoning ordinance would be silent, potentially allowing retail marijuana stores to
open in any zone where retail businesses would be allowed, without considering the type of
product being sold.
Dr. Sudler stated that based on the majority of his constituents that have voiced their opinion on
the matter they do not support the legalization of marijuana in the State of Delaware. He noted
that the constituents prefer that there would be a safe pathway to a healthier alternative to
cannabis usage, that would be free from the fear of lethal dosage of fentanyl.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 25
Mr. Lewis called the question on the motion.
Mr. Hare moved to reconsider the proposed amendment #2. The motion was seconded by
Dr. Pillsbury and carried with Mr. Rocha voting no.
Mr. Hare moved to approve the amendment #2 of Ordinance #2024-30. The motion was
seconded by Dr. Pillsbury and carried by a roll call vote of six (6) yes (Hare, Boggerty,
Pillsbury, Sudler, Lewis, Anderson) and three (3) no (Neil, Arndt, Rocha)
Mr. Anderson voted yes because 60% of the people in the city stated what direction they wanted
to go. He believed that they could save people from dying from contaminated marijuana by
having a legal alternative available.
Mr. Hare moved for the adoption of Ordinance #2024-30 as amended. The motion was
seconded by Mr. Anderson and carried, by a roll call vote of eight (8) yes (Hare, Boggerty,
Neil, Pillsbury, Arndt, Sudler, Lewis, Anderson), one (1) no (Rocha), Council adopted
Ordinance #2024-30, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix B – Zoning, Article 3 – District Regulations, Section 16 – Highway Commercial
Zone (C-4) be amended as follows:
Section 16. Highway Commercial Zone (C-4).
16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be
used, and no building or part of a building shall be erected, which is arranged, intended, or
designed to be used, in whole or in part, for any purpose, except the following:
(q) Retail marijuana stores, subject to the requirements outlined in Article 5, Section
24.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
text indicated in bold, blue font as follows:
24.6 Where permitted in accordance with Article 3, retail marijuana stores are
subject to the following restrictions:
24.61 The building footprint upon which a retail marijuana store is to be located
shall be at least 500 feet away from any private or public K-12 school, child
daycare center, State of Delaware licensed substance abuse disorder treatment
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 26
facility, hospital, and at least 250 feet away from any residential zone, and from
the lot line of any college or university.
24.62 The building footprint within which a retail marijuana store is to be located
shall be at least 1 mile away from the lot line of any other retail marijuana store
within the City of Dover.
24.63 An application for a certificate of occupancy shall be accompanied by a
photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
State Code.
24.64 All building openings, entries, and windows shall be located, covered, or
screened in such a manner as to prevent a view into the interior from any public or
semipublic area.
24.7 A Compassion Center licensed by the State of Delaware on or before January
1, 2024, that obtains a conversion license under the State of Delaware Marijuana
Regulations, must comply with the requirements of Article 3 District Regulations,
and shall be exempt from distancing requirements detailed in Appendix B-
Zoning, Article 5- Supplementary Regulations, 24.61 and 24.62.
BE IT FURTHER ORDAINED:
That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated
in bold, blue font in proper alphabetical order as follows:
Article 12. – Definitions.
Retail marijuana store means an entity licensed by the State of Delaware to purchase
marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products
from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to
consumers.
ADOPTED: December 9, 2024
Mr. Hare voted yes due to not wanting marijuana to be able to be opened in the Downtown
Dover Business District.
Mr. Boggerty voted yes so, they can have control of the retail of marijuana within the city and
not allow others to make decisions for them.
Dr. Pillsbury voted yes to protect the businesses that currently exist.
Ms. Arndt voted yes because they had done their due diligence.
Dr. Sudler voted yes because he believed that this would be a safer pathway to any marijuana
usage free from the legal dosage of fentanyl. He noted that he does not want it downtown as his
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 27
constituents have expressed their concerns, so he was voicing their concerns. His vote was based
on his constituents.
Mr. Hare noted that his understanding is that if the ordinance did not pass marijuana retail sales
could be in the city anywhere retail sales are allowed.
Mr. Anderson stated that Mr. Hare was correct.
Dr. Sudler stated he would like to add Mr. Hares's comment to his reason for voting yes as well.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 25,
2024
The Minutes of the Regular Council Meeting of November 25, 2024, were
unanimously approved by motion of Mr. Neil, seconded by Mr. Anderson, and bore
the written approval of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT OF –
NOVEMBER 26, 2024
The Council Committee of the Whole met on November 26, 2024, at 6:00 p.m.
with Council President Anderson presiding. Members of Council present were
Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Lewis (in at 6:15 p.m.), Mr. Neil, and
Mr. Rocha (via WebEx). Dr. Pillsbury and Dr. Sudler were absent. Mayor
Christiansen (out at 8:16 p.m.) was also present. Civilian members present for
their Committee meetings were Dr. Jackson-Short (via WebEx), Ms. Smack
(Safety, Advisory, and Transportation), Mr. Iriowen, Mr. Wilson (Utility), Mr.
Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration).
ADOPTION OF AGENDA
Mr. Hare moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
Citizen Problem Reporter – Council Dashboard Training (Sharon Duca,
Assistant City Manager)
Ms. Sharon Duca, Assistant City Manager, reviewed the proposed Citizen
Problem Reporter website created for council to track citizen concerns in real-
time.
This item was informational, and committee action was not required.
Responding to Mayor Christiansen, Ms. Duca stated that she would work with
Mike Walker, GIS Manager, to add the mayor’s office to the city manager's office
in the system.
Responding to Ms. Arndt, Ms. Duca stated that the website would be an internal
application that is used by internal staff. Currently, the only people able to enter
concerns are herself, the City Clerk and the Assistant City Clerk to limit the
number of people entering items.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 28
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman
Boggerty presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
Discussion – Safety and Relationship Between the City of Dover Police
Department and Delaware State University (James Overton, Vice President
of Student Affairs, and Delaware State University Police Superintendent)
Mr. James Overton, Vice President of Student Affairs, and Delaware State
University Police Superintendent, detailed the relationship that Delaware State
University has with the City of Dover Police Department.
Mr. Overton explained that he oversees the entire university police department
which is led by Police Chief Donald Baynard. He explained that upon his return,
he established a Memorandum of Understanding with the Dover Police
Department to outline the partnership in addressing issues both on campus and off
campus. He stated that they can proudly say that through their partnership they
have not had one incident that has gone unsolved.
Mr. Overton stated that all their officers attend the Dover Police Department
Academy and when the university lacked officers, the City of Dover Police
Department stepped up and helped fill in the gaps. He explained that
Homecoming 2023 was a homecoming that he will never forget and for 2024 he
was able to work with Dover Police Department, DelDOT, Fire Marshal, and
County members to have a mostly incident-free homecoming. He thanked the
Dover Police Department for their cherished relationship.
Chief Johnson, Dover Police Department, commended Mr. Overton for his hard
work and willingness to foster a relationship with the City of Dover Police
Department. He explained that Mr. Overton has been very proactive in addressing
issues such as homecoming and fostering a plan to prevent any incidents. Chief
Johnson stated that some of the fluidness can be attributed to training together in
both the academy and drills hosted by the university.
This item was informational, and committee action was not required.
Responding to Ms. Arndt, Mr. Overton stated that they immediately worked on a
solution to put a stop to the parties being held in the parks. He explained that the
university does not schedule any events off campus. He stated that they have told
students that if they participate in the events and represent a fraternity or sorority,
and they are found to be involved, they will be held responsible on campus. Mr.
Overton explained that they got word of a larger party being planned, called in the
organizations, and let them know that the parties reflect poorly on the university
to the City of Dover as well as the County and they needed to encourage their
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 29
organizations to not participate in the parties. He further explained that they have
begun to monitor social media to where students, and people from outside areas
like Philadelphia, and Washington D.C. are advertising parties. Through this
work, they have been able to shut them down and establish a presence before the
parties begin.
Discussion – Capital School District Community Concerns Update (Sean
Christiansen, Capital School District Board of Education, Vice President)
Mr. Sean Christiansen, Capital School District Board of Education, Vice
President, explained that on October 29, 2024, Bishop Lott had brought forth
concerns regarding Capital School District students and their downtown Dover
bus stops.
Mr. Christiansen explained that an onsite meeting was scheduled for October 31,
2024, with Councilman Boggerty, Mayor Christiansen, Dr. Cahoon, Ms. Hamm,
Officer Piazza, a member of community policing, himself, and Bishop Lott. He
stated that they walked the area to identify the issues, which were primarily at
New Street and Reed Street. After that, the Capital School District began
rerouting the buses for the elementary school, the middle school, and the high
school. An email went out to the people present at the onsite visit, the routes were
approved, and they were communicated to the parents as well as the school. The
new routes went into effect on November 13, 2024, and as of November 26, 2024,
there had been no issues and there was an overwhelming response from the
parents expressing gratitude.
Mr. Christiansen requested that council have more open lines of communication
with the board if they have any issues that affect the Capital School District. He
explained that the board likes to be proactive and get things done rather quickly.
This item was informational, and committee action was not required.
Mr. Boggerty moved for adjournment of the Safety Advisory and
Transportation Committee meeting, hearing no objection the meeting
adjourned at 6:33 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Anderson and
unanimously carried.
Discussion – Stormwater Utility Billing Concerns (Sharon Duca, Assistant
City Manager)
Ms. Sharon Duca, Assistant City Manager, reviewed the background and analysis
regarding the Stormwater Utility billing concerns.
This item was informational, and committee action was not required.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 30
Responding to Mr. Lewis, Ms. Marney stated that the last financial policy
adjustment was made in 2019. She explained that the bond ratings are adhering to
the bond covenants and therefore are adhering to the adjustments made to the
financial policy at that time. As far as transfers are concerned, the Governmental
Accounting Standards Board (GASB) states that the funds must be used for their
designated purpose. Therefore, the funds must be specifically used for the electric
fund and not any other fund. She explained that the stormwater utility is its own
enterprise fund and the funds from the electric reserve should not be used to fund
the stormwater utility.
Responding to Mr. Lewis, Ms. Marney clarified that the reserve balance for the
rate stabilization reserve cannot exceed twenty percent of the purchase power cost
in any given year. She explained that she spoke with the bond counsel regarding
the depreciation reserve and the financial policy dictates that the depreciation
reserve needs to have a minimum balance of $10 million per bond. As of 2017,
the city must maintain at least $13.6 million. She explained that there are some
other things that must be considered and one of them is the payback. There is a
seven-year payback period therefore if those funds were chosen to fund the
process they would need to be paid back. She stated that she does not advise using
those funds, but it is possible according to bond counsel as long as it does not dip
below $13.6 million. She also explained that with a depreciation reserve, the
specific funds are to be used for utility capital projects, specifically electric fund
utility capital projects, not other enterprise fund capital projects. Lastly, she
explained in speaking with Mr. Paul Wadell, Electric Director, that there is
approximately $10.5 million in capital projects that will be brought forward in
fiscal year 2026. By removing the proposed $5 million from the reserve he would
be limited in the projects he could move forward with such as the smart metering
and he would have to put that project off for several years.
Responding to Mr. Lewis, Ms. Marney stated that he is correct in saying that if
any money is utilized from the electric fund and it brings the city below the 10
percent threshold the interest rates would potentially be high because the rates at
which the city receives a loan could be compromised.
Ms. Marney also explained that any time funds are taken from the electric reserve
there is a direct impact on the electric rates. The citizens will either be paying
through a stormwater utility rate or the electric rate.
Responding to Mr. Lewis, Ms. Duca stated that if council were to use the money
from the economic and community development fund, council would have to
adjust the motion that was already made to designate the purpose of those funds.
She also emphasized that those funds are one-time funds, so if they are not being
used to invest in something else or pay operational costs they are only going to
help for a limited amount of time.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 31
Responding to Mayor Christiansen, Ms. Duca stated that he is correct in that the
concept of the stormwater utility is not new.
Responding to Mayor Christiansen, Ms. Marney stated that the city produces
about 13,301 tax bills a year.
Responding to Mayor Christiansen, Ms. Marney confirmed that number roughly
represents 58 percent of the properties in the City of Dover.
Responding to Mayor Christiansen, Ms. Marney stated that they estimated that it
would add between 10 and 15 cents more to the tax rate.
Responding to Mayor Christiansen, Ms. Duca stated that the formula to establish
the fees was from a model generated by a consultant starting back in 2015. She
explained that it had been modified over the years by the consultant and staff to
improve the accuracy. The model based residential on their zoning district and the
commercial was based upon impervious maps from the state.
Responding to Mayor Christiansen, Ms. Marney stated that he is correct in that if
they go the route of taxation to cover the total expenses, 58 percent of the
homeowners and businesses will incur a possible nine-and-a-half cent increase on
their taxes while anyone in the city who is tax exempt will not.
Responding to Mr. Hare, Ms. Marney stated that in the past they would include a
reassessment fee to pay the assessment company, which happens to be the same
as the County uses, Tyler Technologies. She explained that when Ms. Bundek
retired, the recommendation to the council was that at the appropriate time, the
city would use the County’s assessment values, and the next city assessment
happens to be in January 2025. She stated that there will be some cost savings in
the general fund for fiscal year 2026 regarding the reassessment.
Mr. Hare moved to set the stormwater utility rate to zero, transfer funds to pay for
it from the electric depreciation reserve fund in the amount of $5 million and also
find a way to refund or credit the money that people have already paid. The
motion was seconded by Mr. Anderson.
Mike Harrington, 516 Jefferic Boulevard, Dover, stated that small businesses are
suffering because of the new assessments, insurance rates are constantly on the
rise, and then the stormwater utility. He explained that several of his tenants owe
him thousands of dollars because they are suffering. He stated that if someone has
a large parking lot, like himself, the stormwater fees were a large increase and
passing them on to the tenants is hard when they are barely making it as it is.
Responding to Mr. Lewis, Mr. Hugg stated that they have not specifically asked
any of the state legislators for help in funding the stormwater utility.
Responding to Mr. Lewis, Ms. Marney stated that if the money is taken from the
electric reserve, then the city will either have to raise taxes or the electric rates.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 32
She added that there are certain legal and regulatory requirements when funds are
involved. The electric fund is restricted to being used for the electric utility. In the
financial policies, it does say that a certain percentage or dollar amount can be
transferred. The current dollar amount for the inter-fund transfer from the electric
fund to the general fund, which is specified in the policy that it cannot be other
funds, is $10 million. The city has reached that cap for fiscal year 2025. She
explained that Mr. Lewis is correct in that there could be long-term implications
in using the funds from the deprecation reserve and not repaying them. She
emphasized that there would be a cost associated which may be in the form of a
tax rate increase or an electric utility rate increase. Taking anything from the
electric reserve means staff will have to go back to the rate study and the
professionals that assist with that and modify the rate study and rate structure that
is currently in place for the electric fund. Those changes would then affect anyone
who receives an electric bill. She explained that the expenses would still exist
whether they are in the general fund or a stand-alone stormwater fund because
they are mandated. She also emphasized that if they are not paid there are
significant fines. According to the National Pollutant Discharge Elimination
System (NPDES) permit there is a fine of $10,000 a day if the city does not
comply with the permit.
Responding to Mr. Lewis, Ms. Marney stated that she would have to speculate
how long it would take for the city to return to a value that would give them a
better interest rate if they were to need to purchase a large piece of equipment.
She stated that in talking to Paul Waddell, two transformers will need to be
replaced next year, costing $2 million apiece. Taking money from a specific
reserve that is in place to cover in the case of an emergency is not recommended.
If something drastic happens such as a hurricane or tornado and electric utility
items need to be replaced, the reserve has then been depleted. She also explained
that the wording implies that there must be reserves equal to the depreciation
expense. For example, the depreciation for fiscal year 2024 may be $ 4 million.
Fiscal year 2025 may also be $4 million. So based on the estimation that there is
$21 million, the city must keep at least $18.7 million. Even though the bond
covenants say the city can go down to $13.6 million it would be best to leave $19
million, leaving a $3 million reserve for emergencies.
Responding to Mr. Lewis, Mr. Hugg stated that if the stormwater utility were to
be paid from taxes it would have required a nine-to-ten-cent increase on the tax
bill. When the budget was prepared for the year, it was prepared with the
understanding that the stormwater utility would have its own enterprise fund,
therefore funding itself. In doing that the city was able to keep the tax increase
down to around two cents and by adjusting other fees at a modest rate. Had that
not been done there would have been a need for substantially more funding.
Ms. Marney stated that there could be legal replications by transferring funds
from one enterprise fund to another. She asked that they return the stormwater
utility expenses to the general fund to aid in the regulatory requirements that are
in the financial policies. She explained that a few years ago during the budgetary
process, council voted to extend the inter-fund transfer from the electric fund to
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 33
the general fund. The transfer was increased from $10 million to $12 million. She
stated that in the financial policies, through the budgetary process, they must find
a solution in three years, next year will be three years. They will have to find a
solution to the increasing costs and increasing expenses versus the lower
revenues. In closing, she stated that there would be fewer regulatory issues if the
money is pulled from the general fund rather than being transferred from one
enterprise fund to another.
Responding to Mayor Christiansen, Ms. Marney stated that he was correct and
that the electric rates would need to be adjusted to replenish the funds. Part of the
rate studies is that all the reserves and all the draws come from the reserves in the
electric fund. If more is drawn than is typically planned through the financial
policy, then the future use of the electric revenue is affected. According to
financial policy, the reserves from the electric revenue must be replenished, which
has a direct impact on the electric rates.
Responding to Mayor Christiansen, Ms. Marney confirmed that if the money is
transferred back into the fund, during the 2026 budget consideration, the expenses
for the current wastewater utility will have to be added in the form of taxes.
George Gaudioso, 167 Maple Glen Drive, Dover, stated that he is the President of
the Maple Glen Homeowners Association. He explained that the individual
owners, as well as the homeowner’s association, received the invoices in varying
amounts. Mr. Gaudioso stated that his biggest concern was that, in 2014, Kent
County set up a Stormwater Maintenance District (SWMD) to maintain the ponds.
He explained that they are one of the original homeowner associations that joined
and have been members ever since. Kent County Conservation District monitors
the pond, and they pay a lot of money to Enviro Tech to make sure the pond is
functioning and treated properly. He stated that the invoices were improperly
constructed, and many people thought that the charge was a one-time yearly
charge. He explained that they must take the invoice and multiply it by four and
that would be what they must pay yearly. Mr. Gaudioso expressed frustration with
the information on the website as well as the appeal process. He explained that to
file an appeal the homeowner’s association would need to hire a civil engineer
and incur the cost of doing so. He expressed frustration with doing the right thing
in their community through Kent County and then being hit with an additional
fee.
Jeff Wark, 612 Mary Street, Dover, stated that as one of the owners of Teal
Construction, their property taxes would have gone up two hundred and fifty
percent with the utility fee. He expressed dissatisfaction with the ordinance when
it came to the impervious versus pervious areas. He stated that the impervious and
pervious areas are not consistent with what they deal with in their line of business.
He explained that their entire property was considered impervious, and they
currently had two to three feet of stone gravel on about seventy percent of their
property.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 34
Responding to Ms. Arndt, Mr. Wark stated that the property taxes would be
around $5,000 and the annual stormwater fee would have been around $13,000.
Mr. Wark stated that they started the appeal process with a civil engineer, but the
engineer stopped working on it because the definition in the ordinance considered
anything that had been driven on once would be considered impervious therefore
the engineer stopped the process.
Mr. Neil moved to amend that the stormwater utility go back to the general fund
for the time being and to allow staff to figure out where the money is going to
come from while ending the stormwater utility at this time. The motion was
seconded by Ms. Arndt.
Ms. Arndt clarified that Mr. Neil was stating that he would like to take the
stormwater enterprise fund and transfer that back to the general fund and allow
the opportunity to make the transfer from the electric fund to the general fund as
an interim measure, if necessary. He also recommended revisiting the enterprise
fund to reevaluate and make any necessary corrections.
Mr. Neil confirmed that was his intention so that next year it can be done
correctly.
Responding to Mayor Christiansen, Mr. Neil stated that the original motion
included figuring out how to credit those who had paid or return the money paid.
Ms. Marney stated that she spoke with Ms. Haines, and she devised a plan that if
anyone has already made the payment on their account, the money will be
credited back to them either through a credit balance refund or credit to their
utility bill. Those who have not paid will have the bill adjusted, if moved by
council.
Mr. Neil moved to amend that the stormwater utility go back to the general
fund for the time being and to allow staff to figure out where the money is
going to come from while ending the stormwater utility at this time. The
motion was seconded by Ms. Arndt and carried with Mr. Lewis abstaining.
Mr. Hare moved to set the stormwater utility rate to zero, transfer the
stormwater utility back to the general fund for the time being, allow staff to
figure out where the money is going to come from while ending the
stormwater utility at this time, and find a way to refund or credit the money
that people have already paid. The motion was seconded by Mr. Anderson
and carried with Mr. Lewis abstaining.
During the council meeting, Dr. Sudler requested an update from staff.
Ms. Sharon Duca, Assistant City Manager, stated that with regards to the EPA grant, the
sewer overflow and stormwater reuse municipal grant that was researched was approved
by the EPA on May 9, 2024. All records regarding what they have been able to find on
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 35
the grant show that it was going to be transmitted to the state in order to be administered
and based upon their discussions with DNREC, they have not received any funds yet to
open up a grant cycle.
Responding to Dr. Sudler, Ms. Duca stated they had not received any details on an
estimated timeframe.
Responding to Dr. Sudler, Ms. Duca stated that they could reach out and try to find
contact numbers. She explained that it was noted in the memo that the grants do not pay
for operation costs, which would be personnel costs or other material, which would
equate to about $1.2 million of the budget. The way they have been administered was
since they include combined sewers and sanitary sewers, the money would be going to
compete with wastewater flows. Ms. Duca noted that there would be a level of
competition to try to get it, but it was still something they could look at timing for.
Responding to Mr. Lewis, Ms. Duca mentioned that many of the local municipalities
charge stormwater fees, and some municipalities have a stormwater utility like Newark
does, which is the model they follow, and other municipalities have them contained
within their general fund as they used to. She explained that Dover has experienced an
increase in costs for departments that are under the general fund, such as the Police
Department, Public Works, Streets, Finance, and Central Services. All the general fund
service costs have been increasing over the years and by looking at the expenses and
revenues through the budgetary documents, the expenses have slowly increased revenues
since the 2019 Fiscal Year. Ms. Duca stated that the expenses had exceeded the revenues
and that the stormwater utility was to be an option to pull out the expenses to increase the
overall revenue. It would be no different than pulling out the sanitation or trash fees,
which originally years ago were covered by taxes. She noted that the fees have slowly
increased to cover the expenses until this year when it was solely an enterprise fund.
Mr. Lewis put on the record that in the Kent County Activity Guide, page nine (9), it had
its stormwater fee at $28.00 per residential property per year.
Responding to Mr. Lewis, Ms. Duca stated that the services are still being provided. The
biggest issue would be trying to reconcile the books. If services are not provided, then
they will be fined by the EPA and the State of Delaware. She noted that in 2003, the fines
were up to $25,000 per day per occurrence. It would be an option to pay for it out of the
general fund or take money from the depreciation of the electric reserve to stop services,
which included street sweeping and leave collection.
Responding to Mr. Lewis, Ms. Marney clarified that according to the bond counsel for
the electric bonds, the reserves were considered restricted funds. The rate stabilization
fund, while not restricted in the operating fund, was meant to be the electric customers’
money, not property taxpayers' money, based on policy.
Responding to Mr. Lewis, Ms. Marney stated that part of the motion was to move the
stormwater utility back to the general fund rather than having it held separately as a
stormwater utility enterprise fund. If they have them remain as enterprise funds, that
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 36
could be a possibility of a class action suit by the bondholders, but she would have to
defer to the bond council for a decision. She explained with the enterprise funds, the
ratepayers and each enterprise fund were responsible for the expenses to those enterprise
funds. For example, if they have a stormwater utility, the ratepayers would be responsible
for the expenses incurred for the stormwater utility. It was the reason to have a separate
rate specific for those services and the same for electric to have a set of separate electric
rates for electric services. Ms. Marney further stated that part of the motion was to return
the stormwater utility expenses to the general fund and to treat any transfer as an inter-
fund transfer to the general fund, which would be part of their financial policies. She
noted that they do have a $10 million threshold in their financial policies for the transfer
to the general fund.
Responding to Mr. Lewis, Ms. Marney stated that she does have concerns with that
transaction being made. She explained that when those expenses are in the general fund
or whether they have transferred from the electric fund, no matter what, they would have
to pass those charges to the constituents. No one likes to have increased fees, and it
would either increase tax fees, increase electric rates, or even both.
Responding to Mr. Hare, Ms. Duca stated that the stormwater fee was no different than
the trash fees. She noted that 50 years ago, whatever service was provided by hand to
collect the trash, not with automated trucks, was paid for by their taxes. The expenses,
disposal services, mandate recycling fees, personnel costs, and automated trucks have all
increased over the years, which led them to the point where it was now its enterprise
fund. It could be compared the same way as stormwater. It used to be absorbed by taxes,
but they were no longer able to continue doing so with the increase in expenses.
Mr. Anderson emphasized that reversing the stormwater maintenance fee would be the
most prudent course of action, as calculations did not turn out the way they had
anticipated when they were voted upon, and the projections and the modeling did not add
up. He acknowledged that they would need to find a way to bridge this year and plan for
a supplemental budget. Several options were available, by transferring funds to the
general fund would give them the maximum options. One (1) option would involve
using depreciation reserves while staying within bond covenant thresholds, while another
option would be pending land sales after the economic development fund is completed,
which the amount of money from those pending sales would get them closer to where
they needed to go and be a bridge for this year. However, they would need to bridge and
plan out the next step, and work towards various grants. Mr. Anderson was not optimistic
about the $41 million EPA grant due to high competition but pointed to the bipartisan
infrastructure bill as a more promising pathway for funding for water waste, water,
stormwater infrastructures, et cetera. Mr. Anderson stated that various people have
pledged to help, including the Delaware League of Local Governments. They have
reached out to him about this and are willing to help them get those particular grants.
Responding to Mr. Lewis, Mr. Anderson stated that a lot of the extra money would be
driven by projects, and they would not be charged a fee that would need to be paid. There
are a certain number of projects that have to happen to accomplish a certain result to get
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 37
permits with Silver Lake, Near Lake, and other areas. These projects are required to keep
their permit.
Dr. Sudler recommended having quarterly budget reviews. Dr. Sudler concurred with Mr.
Anderson that when something is not right, it is best to go back to the drawing board and
find other types of innovative strategies that they all can come up with together.
Mr. Hare moved for acceptance of the committee report. The motion was seconded
by Dr. Sudler and carried with Mr. Lewis abstaining.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 7:48 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Rocha presiding.
Adoption of Agenda
Mr. Boggerty requested that Item #5, “Campground of Hope” for the Unsheltered
Population of the City of Dover, be considered as Item #1 and be renamed
“Campground of Hope” for the Unsheltered Population of the City of Dover and
other programs.
Mr. Boggerty moved for adoption of the agenda as amended, seconded by
Mr. Neil and unanimously carried.
“Campground of Hope” for the Unsheltered Population of the City of Dover
and Other Programs (Leandra Marshall, Vice Chair, City of Dover
Unsheltered Working Group)
Ms. Leandra Marshall, Vice Chair, City of Dover Unsheltered Working Group
reviewed the background and analysis regarding the Campground of Hope.
This item was informational, and committee action was not required.
Responding to Mr. Anderson, Ms. Marshall stated that he is correct because the
campground would fall outside the city limits, they plan to focus the money on
the projects within the city and privately raise money or obtain funding from the
state and county to establish the campground. For example, Synergy Recovery
Solutions, a coalition member, has helped to cap Medicaid rates to serve the
unsheltered population. She explained that they would offer mental health
services, medically assisted drug and alcohol treatment, and primary care. The
intake rate for Medicaid for example, is typically $146 but Synergy has decided to
cap the rate at $100, the individual session rate for Medicaid is $119 but Synergy
has decided to cap the rate at $90, and the group session rate would be $25 for
mental health services.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 38
Responding to Mr. Lewis, Ms. Marshall stated that the original proposed budget
was for the whole program. However, due to concerns about the campground
being outside the city, she acknowledged that the budget would need to be
revised. She explained that they came up with the campground as a relief to the
city. She stated that with the constraints, they plan to revamp the budget and add
additional services.
Responding to Mr. Lewis, Mr. Anderson stated that there is approximately
$91,000 in American Rescue Plan Act (ARPA) funding left. He explained that by
December 09, 2024, they are going to have to earmark where the money is going,
and they will be able to make adjustments afterward. If the money is not allocated
by December 31, 2024, then the city will lose it.
Responding to Mr. Lewis, Mr. Anderson stated that they can redirect the funding
to the Kent County Coalition. He explained that the Community Development
Director reviewed the two proposals for legal reasons and the current proposal is
being revamped. He stated that they wanted to make sure there was no room for
error because of the timeframe and the unsheltered group being formed by the city
made sense because it is a city-directed project.
Responding to Mr. Lewis, Mr. Anderson stated that it would be up to the
committee to decide whether the unsheltered working group would be allocated
$91,000.
Ms. Marshall stated that she has worked with ARPA funds for many years and the
city is allowed to reallocate them depending on the stipulations that were in the
original proposal for the funding. She explained that they plan to create a budget
based on what funding they are provided, and they will continue to raise money
through private partnerships, grants, and other private agencies. She stated that the
goal is to address the needs of the unsheltered population without putting a Band-
Aid on it.
Mr. Anderson stated that when the city obtained the ARPA money, they followed
the revenue offset provision which allowed them to direct the money anywhere
they choose within certain restrictions. The funds cannot be used in retirement
funds, and a few other things, so it must be treated like general revenue.
Reverend Dr. Maxine Johnson, John Wesley AME Church, 217 W. Division
Street, Dover, stated that since her appointment in March of 2023, she has
experienced the church's connection with the community and through the many
partnerships. She explained that shortly after her appointment, Mr. Garcia “Gus”
Walker let her know that the ceiling fell in. She stated that they had to cancel
services and projects within the community such as the clothes closet. She
explained that they are before council to ask for funding through the ARPA
funding program.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 39
Ms. Carla Benson-Green, Steward Pro Tem, provided the history of the church.
She explained that the church has always been utilized as a refuge station or
resource spot for the people in the community. She stated that in 2005 John
Wesley engaged in a collaborative effort within the community during the HIV
Epidemic and it became a part of the ministry to reach the people that are in the
community. She emphasized that they are a boots-on-the-ground church, and
everyone knows the church with the blue door as the place for services, support,
and refuge.
She stated that they initially started working with the Division of Public Health
and the DC3 Coalition, and later expanded their collaboration to include Kent
County Counseling, Brandywine Counseling, as well as additional external
resources such as Dover District Ministerial and the State of Delaware Office of
Defense Services to provide expungement services. She explained that through
their yearly projects and partnership with Brandywine Counseling, they have gone
from reaching one hundred and eighty-five people in 2016 to eight hundred and
fifty-six currently. She stated that they would like council to consider John
Wesley as a candidate for ARPA funding to address their aging structure. The
roofing issues were about $19,300 and the ceiling issue was around $10,200.
Mr. Anderson stated that in the past the People’s Church was awarded around
$600,000 for renovations and the Murphy School was awarded around $30,000
for the HVAC system. It would not be out of the ordinary to provide funding for
community purposes because the city is not supporting any religious organization.
He asked that they provide three bids for each project to stay consistent with the
City of Dover purchasing policy if approved.
Mr. Boggerty moved to recommend that from the remaining ARPA funds of
$91,000, grant $30,000 to John Wesley Church, once they comply with the
request for the bids, and that the remainder of the funds be allocated to the
Unsheltered Working Group. The motion was seconded by Mr. Anderson.
Mr. Anderson requested that they return on December 09, 2024, with as firm of
numbers as possible for when council votes.
Responding to Mr. Lewis, Mr. Anderson stated that they were not required to
advertise the ARPA funding, but they decided to do it the first time because they
wanted the broadest reach, therefore they did two rounds of advertising. He
explained that if they chose to advertise this reallocation there would be no time
to award the funding because it must be done within the next few weeks.
Responding to Mr. Lewis, Mr. Boggerty stated as co-chair of the ARPA funding,
he went around the community, spoke at several community events, and did
several social media campaigns. He stated that there was not one step that was not
taken to include groups like Tracy Palmer Ministries, The People’s Church, and
many other organizations. There were several applications, and when they did not
give out all the money in the first round, they did it all over again. He emphasized
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 40
that there were social media campaigns galore, and he drove to events large and
small to share about ARPA funding. Unfortunately, in many instances, the
agencies were not prepared from an administrative standpoint to apply. Some had
issues with taxes and the 501 formations, and they did not comply, which meant
they had to revisit awards and provide extra money to dispense all the funds. He
stated that unfortunately with less than 30 days to have the funding allocated they
had to reach out to individuals such as Leandra Marshall and John Wesley
Church, knowing the work that they do within the community.
Responding to Mr. Lewis, Mr. Boggerty stated that unfortunately, due to other
issues that he could not make public, there was funding that was not allocated.
Responding to Mr. Lewis, Mr. Anderson stated that when the money was pulled
back it was decided that the funding would need to be reallocated.
Responding to Mr. Garfinkel, Ms. Marney stated the money could not be used to
fund the stormwater utility.
Responding to Ms. Marney, Mr. Anderson stated that part of the ARPA funding
was allocated towards water/wastewater because infrastructure is one of the items
that was specifically mentioned in the ARPA final regulations, therefore the
funding could be used to fund the stormwater utility.
Mr. Garfinkel moved to amend the motion that the $91,000 be put into the
stormwater infrastructure. The motion was seconded by Mr. Lewis.
Responding to Ms. Arndt, Ms. Marney stated that she would have to specifically
look at whether the funding could be used. She stated she believed that ARPA
funding could be used for infrastructure and not operational expenses. A
stormwater utility may be considered operational expenses and not infrastructure.
She explained that portions of stormwater utility would be infrastructure that
could possibly qualify but she would have to research that.
Mr. Garfinkel moved to amend the motion that the $91,000 be put into the
stormwater infrastructure. The motion was seconded by Mr. Lewis and
failed by a roll call vote of six (6) no (Hare, Boggerty, Neil, Arndt, Rocha,
Anderson), three (3) yes (Lewis, Shevock, Garfinkel), and two (2) absent
(Pillsbury, Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Mr. Anderson and carried by a unanimous roll call
vote.
Mr. Boggerty moved to recommend that from the remaining ARPA funds of
$91,000, grant $30,000 to John Wesley Church, once they comply with the
request of the bids, and that the remainder of the funds be allocated to the
Unsheltered Working Group. The motion was seconded by Mr. Anderson
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 41
and carried by a roll call vote of eight (8) yes (Hare, Boggerty, Neil, Arndt,
Rocha, Lewis, Anderson, Shevock), one (1) no (Garfinkel), and two (2) absent
(Pillsbury, Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Mr. Anderson and carried by a unanimous roll call
vote.
Mr. Rocha moved to sunset the Unsheltered Working Group as the Kent
County Coalition will be taking over going forward. 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. Anderson and carried by a unanimous roll call
vote.
Dover Fire Department Volunteer Stipend (Chief David Carey and President
Jason Osika)
Chief David Carey and President Jason Osika, Dover Fire Company, reviewed the
background and analysis regarding the volunteer stipend.
Staff recommended approval of the volunteer stipend program.
Mr. Hare moved to recommend acceptance of the staff recommendation for the
fire department volunteer stipend. The motion was seconded by Mr. Lewis.
Responding to Mr. Lewis, Chief Carey stated that they currently have two
hundred and thirty-three people. They range from the age of thirteen to the age of
ninety-five. There are approximately fifty-two members active. He clarified that
active means any member who makes one hundred and twenty-five calls or more
a year.
Responding to Mr. Lewis, Mr. Osika clarified that not everyone would get the
stipend. There are guidelines that specify what the volunteer must do, such as
duty crew hours or responding to general alarms.
Responding to Mr. Lewis, Mr. Osika stated that they hired their department
attorney and Dave Truax who provides audits of ambulances, finances, and other
issues within the fire service. Mr. Truax put them in touch with an attorney who is
well-versed in the Fair Labor Standards Act (FLSA) since that was the biggest
thing that needed to be looked at. The portion that Mr. Lewis quoted regarding the
nominal fee was pulled from the FLSA advisory letter that the attorney gave
them. It states that to maintain volunteer status they cannot be paid; however, they
can be compensated a nominal fee. The nominal fee is not determined or defined
by the Congress of 1985.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 42
He went on to explain that there is a twenty percent rule that states they can get a
nominal fee for the items listed which was covered in their policy after going to
the state auditor's office. The twenty percent rule states that you cannot make
more than twenty percent of what someone would make doing that job full-time.
The numbers that were used in the upcoming budget for a firefighter position was
approximately $54,000, therefore $10,000 is the most someone could make
without violating the FLSA rule. He stated that the goal is to have duty crew shifts
that volunteers are signing up for so that the station is staffed 24/7 with a crew at
each station. If they were to complete a 12-hour shift they would receive credit for
four calls. He explained that it would calculate to $10 an hour equating to $30 a
call while staying at the firehouse. He stated that they would only be paid if they
were on those shifts.
He explained that the goal is to have crews in place to run silent alarms so that
they do not have to blow the fire whistle every time. Currently, they are running
about one hundred and seventy-five calls, and the whistle blows an average of
about twenty-five times. The whistle blows for accidents and fires, and when a
crew is not in the station, they need people to respond.
Responding to Mr. Lewis, Mr. Osika stated that the reasonable benefits are not
medical benefits. He explained that the verbiage was taken from the Congress Act
of 1985, which states what can be paid with the nominal fee while maintaining a
volunteer status. The State Auditor's office recommended calling it a nominal fee
to encompass everything so that no one can say something was left out and ask
for reimbursement.
Responding to Mr. Lewis, Chief Carey stated that the funding came from the
Payment in Lieu of Taxes (PILOT) program, which is funding provided by the
State of Delaware to Wilmington, Dover, and Georgetown. He explained that the
City of Newark raised concerns about the number of university buildings that are
government buildings within the City of Newark and that they are not able to tax
to receive income to subsidize some of their needs. One of the state legislators
asked to award Newark $2 million in Grant-in-Aid funds to subsidize the PILOT
money that they do not receive. Senator Paradee requested that the City of Dover
receive the same funds. The City of Dover was awarded $2 million, with a clear
allocation that $500,000 was designated for the police department, and the
remaining funds were allocated to the fire department. He stated that as President
Osika mentioned, there were no guidelines as to how the money had to be spent.
In speaking to Senator Paradee, he explained that he does not foresee the Grant-
in-Aid money being eliminated any time soon, however, Grant-in-Aid does
change year to year, so the possibility is there.
Mr. Osika stated that the $1.1 million that would be transferred should last
anywhere from two to three years, but it would have to be monitored. He
explained that after meeting with city staff they have decided to place the funding
in a separate account and do monthly reports that include how much is going in
and out because it will likely go back and forth depending on the time of the year.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 43
He stated that they predict they will receive another million or so next year but if
the legislature decided to end the Grant-in-Aid, they would have to go back to the
drawing board because once the program is started there would be no going back.
He explained that once someone is being paid you would not get them back in the
door by taking the money away. In closing, he stated that the goal is to use half a
million dollars for the volunteers versus half going to paid staff.
Responding to Mr. Anderson, Chief Carey stated that if they were to go to a paid
fire department it would be roughly $26 million doing a comparison to that of the
City of Annapolis, Maryland, who have two fire stations and a similar population.
Mr. Hare moved to recommend acceptance of the staff recommendation for
the fire department volunteer stipend. The motion was seconded by Mr.
Lewis and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Mr. Anderson and carried by a unanimous roll call
vote.
Discussion – Amending Bond Council Requirements (Patricia Marney,
Controller/Treasurer)
Ms. Patricia Marney, Controller/Treasurer, reviewed the background and analysis
regarding the bond council requirements.
Ms. Marney stated that the request had come as a result of publication issues at
the local newspaper’s office during the budget season and in discussions with the
Bond Counsel regarding changes made to the Tax Equity and Financial
Responsibility Act (TEFRA) requirements from the Internal Revenue Service
(IRS) which allowed for public notice to be done on websites.
Staff recommended amendment of all city code requirements for public notice to
include modern communication tools.
Responding to Mr. Neil, Ms. Marney stated that adding more modern publications
does not mean that staff cannot publish in the newspapers. Adding more modern
publications provides staff with additional tools to post on the website, in specific
public notice portals used by some government entities, and on social media. The
recommended change would allow staff to utilize additional tools to legally get
the word out.
Mr. Neil stated that even though the newspapers have reduced publications he
would recommend continuing to include one publication in the newspaper for
public record.
Ms. Arndt moved to recommend accepting the staff recommendation to
amend city code requirements for public notice to include modern
communication tools. The motion was seconded by Mr. Hare and
unanimously carried.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 44
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Mr. Anderson and carried by a unanimous roll call
vote.
Discussion – Annual Comprehensive Financial Report (ACFR) (Patricia
Marney, Controller/Treasurer)
Ms. Patricia Marney, Controller/Treasurer, reviewed the background and analysis
regarding the Annual Comprehensive Financial Report (ACFR).
Ms. Marney stated that the delay in completing the financial report was due to
staff turnover in the finance department, including the Controller/Treasurer
position, as well as unfinished reconciliations that were necessary to complete the
schedules.
Ms. Marney stated that they have been working to fill positions within the finance
department, however, there is a shortage of candidates as it relates to the
accounting field. Currently, they are in need of someone who is experienced in
certain specialties within municipal government accounting. She explained that
her goal is to have the final draft of the Annual Comprehensive Financial Report
released by January, if not sooner.
This item was informational, and committee action was not required.
Responding to Mr. Lewis, Ms. Marney stated that they are actively working on
the audits for both 2023 and 2024. For fiscal year 2024, they need to complete
bank reconciliations for the cash concentration fund and the disbursement funds,
which are reconciled through February 2024. Part of the delay was the health
reconciliations, which have since been completed, once the bank reconciliations
are complete, and the depreciation expense schedules are recorded they will be in
a better position for the audit of fiscal year 2024.
Responding to Mr. Lewis, Ms. Marney stated that fiscal year 2023 should be
completed by January.
Responding to Mr. Lewis, Ms. Marney stated that she believes the city's federal
funding is safe. She has contacted the bond carriers with the bond rating agencies,
and they are aware of the challenges that have occurred over the past year, the city
is currently on watch, however, the city is still at a double-A or triple-A rating.
Mr. Neil moved to recommend acceptance of the report. The motion was
seconded by Mr. Boggerty and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Mr. Anderson and carried by a unanimous roll call
vote.
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 45
Proposed Ordinance #2024-32 – Abandoned Shopping Carts (David S. Hugg,
III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding Proposed Ordinance #2024-32.
Staff recommended forwarding Proposed Ordinance #2024-32 to council.
Responding to Mr. Lewis, Mr. Hugg stated that if sanitation workers find a cart,
the owner of the cart will be notified, if they do not take the cart, the city would
take the cart and when it is delivered back to the owner, there will be a fine given
to them.
Responding to Mr. Lewis, Mr. Hugg stated that Mr. Lewis was correct, if there
were a cart in the retention pond at Stoney Creek, sanitation would collect the cart
if Target did not and when the cart is delivered back to Target, they would be
given a fine.
Mr. Hare moved to recommend acceptance of the staff recommendation. 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. Anderson and carried by a unanimous roll call
vote.
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 9:15 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the
Whole meeting, hearing no objection the meeting adjourned at 9:15 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the
Whole Report, seconded by Mr. Anderson and carried by a unanimous roll call
vote.
ORDINANCE/FINAL READING – PROPOSED ORDINANCE #2024-24 –
AMENDING CHAPTER 26 BUSINESSES, ARTICLE II – LICENSES, SEC. 26-31.
DEFINITIONS, APPENDIX F – FEES AND FINES, CHAPTER 26 (FORMERLY
PROPOSED ORDINANCE #2024-24A – RECREATIONAL MARIJUANA
BUSINESS LICENSES: CULTIVATION, MANUFACTURING, AND TESTING
FACILITIES)
The First Reading of the Proposed Ordinance was accomplished during the Council
Meeting of October 28, 2024. Council President Anderson reminded members of the
public that copies of the proposed ordinance were available at the entrance of the Council
Chambers or on the City’s website at www.cityofdover.com under “Government.”
Ms. Arndt moved that the Final Reading of the proposed ordinance be
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 46
acknowledged by title only, seconded by Mr. Neil, and unanimously carried. (The
First Reading of the proposed ordinance was accomplished during the Council Meeting
on October 28, 2024.)
By motion of Mr. Neil, seconded by Dr. Pillsbury, Council, by a roll call vote of eight
(8) yes (Hare, Boggerty, Neil, Pillsbury, Arndt, Rocha, Lewis, Anderson) and one (1)
no (Sudler), adopted Ordinance #2024-24, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN 1 COUNCIL MET:
That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be
amended as follows:
Sec. 26-31. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Marijuana cultivation facility or cultivation facility means an entity licensed by
the State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to
retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers. A marijuana cultivation facility
may not produce marijuana concentrates, tinctures, extracts, or other marijuana products.
Marijuana product manufacturing facility means an entity licensed by the State of
Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products,
and sell marijuana and marijuana products to other marijuana product manufacturing
facilities and retail marijuana stores, but not to consumers.
Marijuana testing facility means an entity licensed by the State of Delaware to
test marijuana for potency and contaminants.
BE IT FURTHER ORDAINED:
That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be
amended as follows:
Chapter 26. Businesses Fees and Fines
Article II. Licenses
Sec. 26-35. License required; fees
Subsec. (d)(2) Manufacturers/contractors/marijuana $0.00046 of aggregate
cultivation, product manufacturing, and testing gross receipts/Minimum
facilities rate fee
$128.00
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 47
ADOPTED: December 9, 2024
ORDINANCE/FINAL READING – PROPOSED ORDINANCE #2024-25 –
AMENDING CHAPTER 26 BUSINESSES, ARTICLE II – LICENSES, SEC. 26-31.
DEFINITIONS, APPENDIX F – FEES AND FINES, CHAPTER 26 (FORMERLY
PROPOSED ORDINANCE #2024-24B – RECREATIONAL MARIJUANA
BUSINESS LICENSES: COMPASSION CENTERS, RETAIL MARIJUANA
STORES)
The First Reading of the Proposed Ordinance was accomplished during the Council
Meeting of October 28, 2024. Council President Anderson reminded members of the
public that copies of the proposed ordinance were available at the entrance of the Council
Chambers or on the City’s website at www.cityofdover.com under “Government.”
By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call
vote, adopted Ordinance #2024-25, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended to
read as follows:
Sec. 26-31. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Compassion center means an entity registered pursuant to §4914A of Title 16 of the
Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana,
paraphernalia, or related supplies and educational materials to registered qualifying patients who
have designated the dispenser to cultivate marijuana for their medical use and the registered
designated caregivers of these patients.
Retail marijuana store means an entity licensed by the State of Delaware to purchase
marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products
from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to
consumers.
BE IT FURTHER ORDAINED:
That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be
amended by inserting the text indicated in bold, blue font as follows:
Chapter 26. Businesses Fees and Fines
Article II. Licenses
Sec. 26-35. License required; fees
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 48
Subsec. (d)(3) Merchants/bottlers/retail marijuana $0.00046 of aggregate
stores/compassion centers rate gross purchases for
resale/
Minimum fee $64.00
ADOPTED: December 9, 2024
REALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FOR
HOUSING AND COMMUNITY SERVICE PROJECTS (COUNCILMAN ROCHA,
UNSHELTERED AND AFFORDABLE HOUSING LIAISON AND COUNCILMAN
BOGGERTY, COMMUNITY ENGAGEMENT LIASON)
(Committee recommendation: That the remaining ARPA funds of $91,000, grant
$30,000 to John Wesley Church, once they comply with the request of the bids,
and that the remainder of the funds be allocated to the Unsheltered Working
Group and to sunset the Unsheltered Working Group as the Kent County
Coalition will be taking over going forward)
Mr. Hare moved for acceptance of the committee recommendation. The
motion was seconded by Mr. Rocha and unanimously carried.
SETTING THE STORMWATER FEE TO ZERO, STORMWATER PAYMENT
CREDIT/REFUND PROCESS (SHARON DUCA, ASSISTANT CITY MANAGER
AND ALLISON HAINES, INTERIM CUSTOMER SERVICE DIRECTOR)
(Committee recommendation: Set the stormwater utility rate to zero, transfer the
stormwater utility back to the general fund for the time being, allow staff to figure
out where the money is going to come from while ending the stormwater utility at
this time, and find a way to refund or credit the money that people have already
paid.)
Mr. Hare moved for acceptance of the committee recommendation. The motion was
seconded by Dr. Sudler.
Ms. Allision Haines, Interim Customer Service Director, stated that the plan was to set all
the fees back to zero and for individuals that have paid anything under $100.00, if they
have an open utility account in their name, it will transfer the credit to the utility.
Individuals who have paid over $100.00, would have to research and issue refund checks.
Mr. Hare moved for acceptance of the committee recommendation. The motion was
seconded by Dr. Sudler and carried with Mr. Lewis abstaining.
RESCHEDULING APRIL 14, 2025, REGULAR COUNCIL MEETING AND
APRIL 15, 2025 COUNCIL COMMITTEE OF THE WHOLE MEETING DUE TO
THE 2025 MUNICIPAL ELECTION
(Staff recommendation: Reschedule April 14, 2025, Regular Council Meeting and
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 49
April 15, 2025, Council Committee of the Whole Meeting to April 7, 2025, and
April 8, 2025)
Mr. Hare moved to accept the staff recommendation. The motion was seconded by
Dr. Sudler and unanimously carried.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg had no announcements.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen announced that there would be three (3) events happening on December 14,
2024. The first event is a holiday celebration sponsored by the Dover Police Department and
Habitat for Humanity. The event is from 12:00 to 4:00 p.m., at the Legislative Mall. The second
event, sponsored by the City of Dover and Delaware State University, How the Grinch Stole
Christmas, would be shown at The Schwartz Center of the Arts, at 4:15 p.m. He noted that there
would be free popcorn and other goodies available, and the movie would be free of charge to
those who show up. He further noted that there would be the Annual Dashing Through Dover
Electric Light Parade down from Loockerman Street through Downtown Dover, starting at 6:30
p.m.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Rocha stated that he had two (2) announcements. In the first announcement, he emphasized
to Mr. Hugg and the Clerk’s Office to get together to make bids into redoing the audio and video
and to tie in the video with WebEx so that they could see in real-time what they see on the
screen. He noted that whatever comes through with the microphones goes directly to WebEx in
real-time. In the second announcement, he stated that he would be seeking re-election for another
term. Mr. Rocha noted that he wanted to accomplish things for the city and would continue to
work hard for the constituents in his district and throughout the city.
Mr. Boggerty announced that he would be seeking re-election. He noted that he was celebrating
his second anniversary with his wife.
Mr. Anderson wished Mr. Boggerty, Mr. Rocha, and Mr. Lewis upcoming birthdays.
Dr. Pillsbury announced that there would be a District One meeting on Thursday, December 12,
2024, at the West Dover Fire Station, starting at 6:00 p.m.
Mr. Rocha stated that he had to attend a funeral in New York and would not be in attendance for
the District One meeting.
The meeting adjourned at 10:15 p.m.
ANDRIA L. BENNETT
CITY CLERK
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CITY COUNCIL MEETING OF DECEMBER 9, 2024 PAGE 50
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of December 9, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1 - Don Anderson’s Photos – Public Comment
Exhibit #2 – Bill Winter’s Statement – Public Hearing
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EXHIBIT #1
Regular City Council Meeting of 12/09/2024
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EXHIBIT #2
Regular City Council Meeting of 12/09/2024