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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, October 10, 2022 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PACKET HAVE BEEN REVISED TO INCLUDE SUPPORTING
DOCUMENTS FOR ITEM #26 EVALUATION OF BIDS – ASBESTOS ABATEMENT 235-239
WEST LOOCKERMAN STREET (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER)
AND ITEM #29 PROPOSED ORDINANCE #2022-10-AMENDING CHAPTER 22 BUILDINGS
AND BUILDING REGULATIONS, ARTICLE VII. PROPERTY MAINTENANCE CODE,
SECTION 22-226 VIOLATION AND PENALTIES AND APPENDIX F - FEES AND FINES.
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/ivqsrr
Event number: 2532 412 8781
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the
agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Councilwoman Arndt
ADOPTION OF AGENDA
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REGULAR CITY COUNCIL MEETING - October 10, 2022 PAGE 2
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single
roll call vote of the Council. There will be no separate discussion of these items unless a member of
Council so requests, in which event the matter shall be removed from the Consent Agenda and considered
a separate item.
PUBLIC HEARING
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council meeting of September 12, 2022. The ordinance is available at the entrance of the Council
Chambers and on the City's website at www.cityofdover.com under "Government."
1. Rezoning Request - Final Reading of Proposed Ordinance #2022-11.
Z-22-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest
Avenue - A rezoning application for part of a parcel of land consisting of 25 acres
(overall existing parcel is 75.521 acres +/-). The property is zoned R-10 (One-
Family Residence Zone) and partially subject to the COZ-1 (Corridor Overlay
Zone). The proposed zoning for the 25 acres is RM-2 (Medium Density
Residence Zone) and partially subject to the COZ-1 (Corridor Overlay Zone).
The property is located on the south side Forrest Avenue west of Dover High
Drive. The owner of record is Calvary Baptist Church of Dover. The equitable
owner is Leander Lakes III, LLC. Property Address: 2285 Forrest Avenue. (Tax
Parcel: Part of ED-05-075.00-01-06.00-000. Planning Reference: Z-22-02. First
Council District.)
CONSENT AGENDA
ADOPTION OF MINUTES
2. Regular City Council Meeting of September 26, 2022
COMMITTEE REPORTS
3. Violation of Dangerous Building Ordinance Meeting of August 15, 2022
4. Election Board Meeting of September 27, 2022
5. Council Committee of the Whole Report of September 27, 2022
Safety Advisory and Transportation Committee
6. Presentation - Next Generation Outcomes (Larry Normile, Erin Smith, and Emily
Sestito)
(Committee Action Not Required)
7. Presentation - Dover Loitering Ordinance- 2022 Update (Chief Thomas Johnson,
Dover Police Department)
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REGULAR CITY COUNCIL MEETING - October 10, 2022 PAGE 3
(Committee Recommendation: refer to staff to move forward with the drafting of this
loitering ordinance.)
8. Proposed Ordinance #2022-15 - Chapter 70 by adding Section 70-9, Nuisances, and
amending Appendix F, Fees and Fines (Mary Ellen Gray, Director of Planning and
Inspections)
(Committee recommendation: Approve Ordinance for First Reading at October 10,
2022, Regular City Council Meeting)
9. Discussion Loockerman Street Assessment Tour (Councilman Ralph Taylor)
(Committee Action Not Required)
Utility Committee
10. Electric Service Handbook Revisions (Paul Waddell, Electric Director)
(Committee recommendation: approval of the presented revisions to the Electric
Service Handbook)
11. Purchase Ground Penetrating Radar (Jason Lyon, Director of Water Wastewater)
(Committee recommendation: allow staff to purchase a new ground penetrating radar
machine from M.J. Friedl & Associates, Inc. in the amount of $16,800.)
12. Delaware Drinking Water State Revolving Funds Applications (Jason Lyon, Director
of Water and Wastewater)
(Committee recommendation: approve the Lead Service Line Inventory project and
the Lead Service Line Inventory / Replacement- Brandywine Court Condominiums to
be submitted through the Delaware Drinking Water State Revolving Fund
process. Each project meets the requirements for principal forgiveness.)
13. Aero Park Elevated Water Tank Equipment Relocation (Jason Lyon, Director of
Water and Wastewater)
(Committee recommendation: allow staff to pay AT&T the price of $60,937.47 to
remove and later reattach their equipment on the city-owner elevated water tank.)
14. Proposed Ordinance #2022-17 - Amending Chapter 110 - Cross Connection Control
Program, Appendix F - Fees and Fines (Jason Lyon, Director Water, and
Wastewater)
(Committee recommendation: approval of Ordinance #2022-17 for first reading at the
October 10, 2022, Regular City Council Meeting)
Legislative, Finance, and Administration Committee
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REGULAR CITY COUNCIL MEETING - October 10, 2022 PAGE 4
15. Proposed Ordinance #2022-08 - Amending Chapter 66 - Manufactured Homes,
Mobile Homes, and Land Lease Communities, Section 66-3 - Manufactured Homes
and Appendix F - Fees and Fines (Councilman Fred Neil)
(Committee recommendation: approve Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting)
16. Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building
Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and
penalties and Appendix F - Fees and Fines
(Committee recommendation: approve Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting))
17. Proposed Ordinance #2022-14 - Chapter 22- Buildings and Building Regulations,
Article X.- Rental Dwellings and Appendix F - Fees and Fines
(Committee recommendation: tabling Item #4 Proposed Ordinance #2022-14 -
Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings, and
Appendix F - Fees and Fines)
18. Approval of a Grant Funded Group Violence Intervention (GVI) Crime Analyst
Position (Chief Thomas Johnson, Dover Police Department)
(Committee recommendation: Approve the grant-funded position as requested)
19. Acceptance of a $1.5 Million Dollar Grant Funded Camera Expansion (Chief Thomas
Johnson, Dover Police Department)
(Committee recommendation: Approve the grant as requested)
MONTHLY REPORTS - August 2022
20. City Assessor's Report
21. City Council’s Community Enhancement Fund Report
22. City Manager’s Report
23. City Planner's Report - July and August 2022
24. Police Chief's Report
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
25. Board of Adjustment - E. Jane Warren - (to fill the unexpired term of William A. Hufnal
- term to Expire July 2025
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REGULAR CITY COUNCIL MEETING - October 10, 2022 PAGE 5
ITEMS NOT ON THE CONSENT AGENDA
26. Evaluation of Bids - Asbestos Abatement 235-239 West Loockerman Street (Eddie Kopp,
Code Enforcement Officer)
27. Discussion of Special Event Overtime, Vacation, and City Vehicle Usage
A. Background of Special Event Overtime, Vacation, and City Vehicle Usage Topic -
2015B
B. Future Alternatives/Payment Methods
C. HR-Guidelines for Exempt and Non-Exempt Employees Henceforth
ORDINANCES
FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by
Council will take place during the Second Reading on October 24, 2022. The ordinance is available at
the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
28. Proposed Ordinance #2022-08 - Amending Chapter 66 - Manufactured Homes, Mobile
Homes, and Land Lease Communities, Section 66-3 - Manufactured Homes and
Appendix F - Fees and Fines
29. Proposed Ordinance #2022-10-Amending Chapter 22 Buildings and Building Regulations,
Article VII. Property Maintenance Code, Section 22-226 Violation and penalties and
Appendix F - Fees and Fines
(Staff requested the First Reading of item #29 be deferred until October 24, 2022, Regular
Council Meeting)
30. Proposed Ordinance #2022-15 - Chapter 70 by adding Section 70-9, Nuisances, and
amending Appendix F, Fees and Fines
31. Proposed Ordinance #2022-17 - Amending Chapter 110 - Cross Connection Control
Program, Appendix F - Fees and Fines
FIRST READING REFERRAL - The First Reading is offered on the Proposed Ordinance. It is
recommended for referral to the Planning Commission for a public hearing on November 21, 2022 and
that a Public Hearing before City Council be set for December 12, 2022 at 6:30 p.m., at which time the
Final Reading and Council action will take place. The ordinance is available at the entrance of the
Council Chambers, on the City's website at www.cityofdover.com under "Government," or by
contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
32. Annexation Request - First Reading of Proposed Ordinance #2022-19 for Lands of Ditko
Properties, LLC at 1107 S Bradford Street
Amending the Zoning Ordinance and Zoning Map of the City of Dover by changing
the zoning designation from RM – Multifamily Residential District (Kent County
zoning classification) to C-2A - Limited Central Commercial Zone (City of Dover
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REGULAR CITY COUNCIL MEETING - October 10, 2022 PAGE 6
zoning classification) on that property located at 1107 S. Bradford Street consisting
of 11,248.2 SF (0.2582 +/- acres) owned by Ditko Properties LLC. (Tax Parcel: ED-
00-077.17-01-12.00-000; Planning Reference: AX-22-02; Second Council District)
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council Meeting of September 26, 2022. The ordinance is available at the entrance of the Council
Chambers and on the City's website at www.cityofdover.com under "Government."
33. Proposed Ordinance #2022-09 - Amending Chapter Chapter 114 –Vegetation, Article II-
Weeds, Section 114-34 - Fines and Appendix F - Fees and Fines
34. Proposed Ordinance #2022-13 - Amending Chapter 90 – Solid Waste, Section 90-2 –
Unlawful deposits
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #1.
PETITION TO AMEND ZONING DISTRICT
Public Hearing Before the Dover City Council
October 10, 2022
Recommendation from Planning Commission Meeting of September 19, 2022
With Staff and Development Advisory Committee Review
Applicant/Equitable Owner: Leander Lakes III, LLC
Owner: Calvary Baptist Church of Dover
Address: Part of 2285 Forrest Avenue, Dover DE
Location: South side of Forrest Avenue west of Dover High Drive
Tax Parcel: ED-05-075.00-01-06.00-000
Overall Parcel Size: 75.521 acres
Subject Area Size: 25 acres
Present Use: Vacant Land (Agricultural and Woodland) with other areas
proposed for new Place of Assembly (Church) construction
Comprehensive
Plan Designation: Residential Medium Density
Present Zoning: R-10 (One Family Residence Zone) and COZ-1 (Corridor Overlay
Zone)
Proposed Zoning: Subject Area: RM-2 (Medium Density Residence Zone) (and
COZ-1 (Corridor Overlay Zone)
Remaining Area: R-10 (One Family Residence Zone) and COZ-1
(Corridor Overlay Zone)
Reason for Request: To amend the zoning of a 25-acre portion of the parcel at 2285
Forrest Avenue from R-10 & COZ-1 to RM-2 & COZ-1. The
Rezoning is located on the southeastern portion of overall parcel.
The proposed use is multi-family.
File Number: Z-22-02
Ordinance Number: 2022-11
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
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Planning Commission
Recommendation: The Application Z-22-02 for Rezoning of Part of Lands of Calvary
Baptist Church consisting of 25 acres on Forrest Avenue was
represented by Jim Ericksen (project engineer at Solutions IPEM) and
LB Steele (representative of equitable owner Leander Lakes III, LLC),
and with two representatives of the property owner Calvary Baptist
Church also present. A Public Hearing was conducted on September
19, 2022 where no members of the public spoke regarding the
Rezoning application. The Planning Commission’s motion to
recommend approval of the proposed Rezoning from R-10/COZ-1 to
RM-2/COZ-1 resulted in a 9-0 vote in favor. (Draft Meeting Minutes
attached.)
APPLICATION: Z-22-02 Part of Lands of Calvary Baptist Church of Dover at 2285
Forrest Avenue
This Rezoning Application was referred to the Planning Commission as per Zoning Ordinance,
Article 10 §5. The Planning Commission is required to provide a Review Report to City Council.
I. APPLICATION SUMMARY
This Rezoning Application focuses on part of a parcel of land consisting of 25 acres (overall
existing parcel is 75.521 acres +/-). The property is zoned R-10 (One-Family Residence Zone) and
partially subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning for the 25 acres is
RM-2 (Medium Density Residence Zone) and partially subject to the COZ-1 (Corridor Overlay
Zone). The property is located on the south side Forrest Avenue west of Dover High Drive. The
owner of record is Calvary Baptist Church of Dover. The equitable owner is Leander Lakes III,
LLC. Property Address: 2285 Forrest Avenue. Tax Parcel: Part of ED-05-075.00-01-06.00-000.
Council District 1. Ordinance #2022-11.
Existing Property:
With the overall 75.51-acre property, the property has frontage on Forrest Avenue (Route 8) and
Artis Drive, but the main site access is from Forest Avenue. The property is crossed by a small
stream and includes woodlands, wetlands, and agricultural lands. In the northeast corner of the
site, a place of worship (church) building has been approved under Conditional Use Site Plan C-
19-06. The proposed building sits back over 625 feet from Forrest Avenue with a large
stormwater management area directly adjacent to the road. The building location is flanked by
parking areas on the east side of the building. There is a large open space in front of the proposed
building reserved for a future building expansion. There are large expanses of open land on the
tract to the southern and western portions of the property.
This Rezoning application only seeks rezoning of the property from R-10 to RM-2 for an area of
25-acres located in the southeastern portion of the property. The area is not proposed for
development under C-19-06 with the exception of a utility line connection that crosses through the
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 3
area. The COZ-1 (Corridor Overlay Zone) designation will remain along the Forrest Avenue
corridor frontage of the entire property.
Previous Applications:
The property was annexed into the City in early 2007 along with several other properties on the
west side of the City following the annexation of the Carey Farm for the site of the new Dover
High School (AX-06-09). At the time of annexation, the property was zoned to R-10 (One
Family Residence Zone) and COZ-1 (Corridor Overlay Zone). Prior to annexation into the City
of Dover, the Calvary Baptist Church completed a Site Plan review process under the jurisdiction
of Kent County (CS-03-08). That Plan was then accepted by the City through Administrative
Site Plan review (MI-07-07). A Building Permit (#07-547) for construction of the church
building was issued but not acted upon and then expired.
Most recently, the overall 75-acre property is subject of Conditional Use Site Plan Application
C-19-06 Calvary Baptist Church for construction of a new place of worship and associated site
improvements including a site entrance from Forrest Avenue. The Conditional Use Site Plan
received conditional approval by the Planning Commission at their July 15, 2019 meeting, an
extension of plan approval on May 17, 2021, and Final Plan Approval in December 2021.
Preparations for the start of construction are occurring as the Building Permit is under review.
Surrounding Land Uses
The surrounding parcels are zoned residential. Located to the north across Forrest Avenue (Route
8) are a series of lots with single family homes which are outside City limits and under the
jurisdiction of Kent County. To the east is the Destiny Christian Church which has access to
Forrest Avenue. A second church, Dover Christian Church, also fronts on Forrest Avenue but
has access from Dover High Drive. Adjoining the subject site to the southeast, there is multi-
family development for 240 apartment units known as Leander Lakes (S-12-18). To the south is
agricultural land and to the west are single family homes and a Par-3 golf course along Artis
Drive within Kent County.
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this
property be used for Residential Land Uses as Residential Medium density. The assumptions,
goals and polices for Residential Land Uses Areas are listed in the 2019 Comprehensive Plan
excerpts presented below (pages 12-2 and 12-3):
Assumptions: Residential Land Uses
1. With the high cost of housing, it is essential to the economic well-being of the community
to provide for a range of housing opportunities for all income levels and age groups.
2. A more efficient and effective interior circulation pattern within residential areas will
provide improved traffic circulation, school bus access, service delivery access, emergency
response services access, and alternative access points. These elements can help foster a
greater sense of community among residents while providing them with greater
convenience.
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 4
3. A more efficient and effective residential development pattern can be achieved by
encouraging the development of land closer to existing neighborhoods, making the delivery
of police, fire, ambulance, sanitation, school transportation, sewer, water, and electric
services easier and less expensive.
4. Proper separation of incompatible land uses through physical distance and buffering creates
stronger neighborhoods.
Goals: Residential Land Uses
To develop and maintain an adequate supply of housing of varying type, size, and densities
that are aesthetically pleasing and located within neighborhoods designed or redesigned to
promote convenience, conservation, and access to the greater community, but which are
properly buffered through distance and landscaping from incompatible land uses.
Policies: Residential Land Uses
• Allow flexibility in housing styles and types while regulating gross density within
residential developments.
• Require linkage streets and sidewalks between adjoining residential subdivisions and
street right-of way stubs to adjoining vacant developable land.
• Encourage the separation of residential areas from incompatible uses through buffering
distances and the use of transitional zoning categories.
• Encourage high density residential development in infill areas that are near essential
services, public transit, and employment opportunities.
• Permit limited compatible neighborhood commercial uses that support surrounding
residences within residential areas.
The following is an excerpt from the 2019 Comprehensive Plan regarding Residential Medium
Density land uses (pages 12-4 and 12-5):
Recommendation for Residential Medium Density
Residential Medium Density land uses involve a maximum gross density of eight (8)
dwelling units per acre. This type of development may include single family houses on
smaller lots, duplexes, townhouses, and some apartments. Some Manufactured Home Park
developments would also be considered Residential Medium Density. Medium density
residential uses are permitted in the following zoning districts: R-8 (One Family Residence
Zone), R-7 (One Family Residence Zone), RM-1 (Medium Density Residence Zone), RM-
2 (Medium Density Residence Zone) planned to reflect the historic patterns and mix of
land uses common to Dover’s early development, RG-1 (General Residence Zone), RG-2
(General Residence Zone), RG-3 (Group Housing Zone), RGO (General Residence and
Office Zone), and MH (Manufactured Housing Zone).
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 5
The Land Development Plan recommends that Residential Medium Density uses be
permitted near existing and planned service and employment centers and in locations well
supported by transportation infrastructure and mass transit services. Areas identified as
Medium Density Residential can be looked at as potential receiving areas under a transfer
of development rights program. Areas in the northern portion of the city are appropriate
for Residential Medium Density development.
West Side Neighborhood: Residential Medium Density
Residential Medium Density development on the West Side tends to be located to the
periphery of the area where both existing development, ongoing development and vacant
lands are found. These areas are buffered by older residential areas and public/institutional
uses but could be impacted by traffic and circulation concerns driven by commercial
activities along the two major roadways, Route 8/Forest Avenue and McKee/Scarborough
Road.
Existing mix of housing types such as in the Village of Westover Planned Neighborhood
Design (PND) and Village of Cannon Mill Planned Neighborhood Design (PND) are
nearing the end of construction in those developments. A newer development, Chestnut
Grove Farms has started construction and will build a variety of single-family detached
homes, duplexes, and townhouses.
The Rezoning Request to RM-2 (Medium Density Residence Zone) is consistent with the Land
Use Classification of Residential Medium Density. Table 12-1: Land Use and Zoning Matrix
(from the 2019 Comprehensive Plan) specifies that the following zones are compatible with this
Land Use classification. See the excerpt from Table 12-1 given below. It is noted that the
Residential Medium Density Land Use Category identifies a number of zoning districts that
allow for a mix of residential unit types.
R-10 (One Family Residence)
R-8 (One Family Residence)
R-7 (One Family Residence)
RM-1 (Medium Density Residence)
RM-2 (Medium Density Residence)
Residential Medium Density RG-1 (General Residence)
RG-2 (General Residence)
RG-3 (Group Housing)
RGO (General Residence and Office)
MH (Manufactured Housing)
C-1 (Neighborhood Commercial)
III. ZONING REVIEW
Request for RM-2 (Limited Central Commercial Zone) Zoning
The following description of the RM-2 zoning district is provided from Article 3 §7 of the
Zoning Ordinance.
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 6
Article 3 Section 7. - [Medium density residence] RM-2 zone.
7.1 Uses permitted. In an RM-2 zone, 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 purposes, except the following:
(a) Any use permitted in one-family residence zones;
(b) One-family lot-line dwellings, not to exceed one such dwelling per lot;
(c) Duplex dwellings;
(d) Multiplex dwellings;
(e) Townhouses;
(f) Roominghouses accommodating not more than five roomers.
(g) Garden apartments.
7.2 Performance standards. All uses are subject to performance standards as set forth
in article 5, section 8.1.
7.3 Site development plan approval. Site development plan approval in accordance
with article 10, section 2 hereof shall be required prior to the issuance of building permits
for the erection or enlargement of all structures and related accessory structures. The
approval shall be required prior to the issuance of certificates of occupancy for a change of
use.
7.4 Maximum density. The gross residential density in an RM-2 zone shall not exceed
eight dwelling units per acre.
7.5 [Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary
sign regulations.
(Ord. of 2-12-2001)
COZ-1 (Corridor Overlay Zone)
The purpose and requirements of the COZ-1 (Corridor Overlay Zone) are given in Article 3 §27
of the Zoning Ordinance. The COZ-1 regulations include the following:
Article 3 Section 27. – Corridor overlay zone 1 (COZ-1).
27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons:
(a) To promote superior urban corridor development and the highest quality built environment;
(b) To foster coordination and linkage among corridor properties and with adjacent lands;
(c) To preserve the functionality and efficiency of the roadway for traffic movement; and
(d) To achieve a visually balanced streetscape environment which is friendly to the pedestrian
and motorist alike.
27.2 Superior urban design. For the purposes of this ordinance the term "superior urban design"
shall meet the following criteria:
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 7
(a) Superior urban design places a strict and primary importance on the pedestrian. The concept
should lend itself to interconnectivity while presenting building structures as aspects of the street,
not simply islands existing in the "sea of roads". The design should encourage fewer car-trips, as
well as promote automobile trips on an interconnected local street system rather than trips that
utilize the arterials. In demonstrating superior urban design, an applicant must show that the plan
presented exceeds the requirements of the zoning ordinance in at least two of the following
areas:
(i) Transportation amenities for bicycles, pedestrians and transit that exceed those required
by the zoning ordinance;
(ii) Architectural features including, but not limited to: LEED-certified buildings; unique
architecture not replicated in other locations; use of architectural elements such as entry
porticos, porte-cocheres, colonnades, cornices, porch columns and balusters, band courses,
coins, water tables and other trim that enhances visual quality and function of the structure;
and use of the highest-quality construction materials.
(iii) Landscaping that exceeds the requirements of this section, including robust use of trees,
shrubbery, and flowering plants to screen parked cars; water gardens and ponds;
arboretums; tree preservation measures;
(iv) Public spaces and art including, but not limited to, sculpture, memorials, murals, public
court yards and pocket parks, and fountains;
(v) Green technologies for stormwater management, as well as green energy technologies
such as geothermal heating and cooling and solar energy supplies.
(b) The city planner shall develop policy guidance on how the concept of superior urban design
will be evaluated.
27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways as
outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this ordinance:
(a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a westerly direction
to the city limit line.
(b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys Road (County
Road 100) in a southerly direction to the terminal intersection with West North Street (County
Road 73).
27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance related to the
specific zoning district designations of each property as depicted on the zoning map.
27.5 Site development plan approval. Site development plan approval in accordance with article 10,
section 2 shall be required prior to the issuance of building permits for the erection or enlargement of
all structures and prior to the issuance of certificates of occupancy for any change in use. When the
zoning district regulations specify that a particular use requires conditional use approval in
accordance with article 10, section 1, the provisions of that article shall apply. Site development plans
and conditional use site plans for properties within the COZ shall reflect compliance with the
development guidelines of this article, in addition to all other applicable codes and regulations.
27.6 Development guidelines.
27.61 Setbacks:
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 8
a. Front yards.
Residential Nonresidential
Min. Max. Min. Max.
McKee/Saulsbury 60' to 80' 40' to 50' *
Route 8—Artis Drive to Mifflin Road 60' to 80' None
Route 8—Mifflin Road to Saulsbury Road 40' to 60' 40' to 60' *
Route 8—Saulsbury Road to R.R. line 20' to 30' 20' to 30'
Subdivision streets (Setback provisions of article 4 shall apply)
* When the applicant can demonstrate to the satisfaction of the planning commission through the
site plan review process that the proposal involves a superior urban design, the maximum
setback may be increased to no more than 90 feet from the property line on Route 8 from Mifflin
Road to Saulsbury Road and on McKee and Saulsbury Roads.
27.62 Building placement. Buildings shall be situated on the property so as to maximize the use of the
frontage along the roadway and shall have the longest side of the building arranged parallel and square
to the roadway. When the applicant can demonstrate to the satisfaction of the planning commission that,
due to specific constraints related to lot configuration, alternative building placements may be permitted.
27.63 Parking.
(a) Location. Parking shall not be permitted to be situated within the front yard, nor between the right-
of-way line and the building, except in the following instances:
(i) Automobile service stations;
(ii) Properties in a shopping center (SC) zoning district, in which case, parking may be permitted
between the building and the roadway, provided that such parking [shall] be limited to five rows of
single parking spaces between the road and the storefront;
(iii) When the applicant can demonstrate to the satisfaction of the planning commission through
the site plan review process that the design presented involves a superior urban design, parking
may be permitted between the building and the street, provided that such parking within this area
shall be adequately landscaped and screened from the roadway.
(b) Required number of spaces. See specific district requirements in article 4.
(c) Layout.
(i) Parking lots shall be arranged in such a manner so that not more than 20 parking spaces in a
row shall be permitted without a landscaped island. No more than six rows of 20 spaces shall be
provided without provision for a landscaped median. Parking islands shall be a minimum of ten
feet wide and planting medians shall be no less than eight feet wide.
(ii) There shall be a landscaped buffer area of at least 12 feet in width between the building and
parking lot and drive areas. The buffer area shall include provisions for a sidewalk of at least six
feet and no greater than eight feet in width. The buffer area and sidewalk shall be grade
separated from the parking lot by concrete curbing of at least six inches in height.
Page 14
Paj 15
Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 9
(d) Landscaping. Design shall be simple and easy to maintain and shall consist of a combination of
hardy canopy trees, low evergreen shrubs and turf grass, and shall be designed in accordance with
landscape guidelines set forth in article 5, section 15 of this ordinance and as follows:
(i) Interior landscaping. A minimum of five percent of the interior area of a parking lot shall be
reserved for landscape purposes. This provision shall include the landscaping of all required
parking islands and medians. Shade trees shall be incorporated within the landscaped islands
whenever and wherever practicable.
(ii) Parking lot screening adjacent to public right-of-way. Low profile screening shall be required
when parking spaces would result in vehicles facing onto the roadway. Screening may consist of
a low wall, evergreen hedge with a minimum height of two feet at the time of planting, planted
three feet apart on center, and a maximum height of three feet at maturity, or earth berm. Should
a low wall be used, such wall shall be accompanied by evergreen shrub plantings on the roadway
side of the wall and spaced ten feet apart on center.
(iii) Reserved.
27.64 Site access.
(a) Entrance width and radii. Site entrances shall have a minimum width of 24 feet. Entrances
involving a median divider shall be at least 35 feet in width. Entrance radii shall be a minimum of
15 feet and a maximum of 25 feet.
(b) Number of entrances and curb cut spacing. One curb cut shall be permitted for each street
which abuts a site. For sites with street frontage in excess of 300 linear feet, one additional curb
cut may be permitted. For sites with street frontage in excess of 600 linear feet, two additional
curb cuts may be permitted.
Multiple curb cuts on a property shall have a minimum spacing distance in accordance with the
following schedule:
Speed Limit Maximum Spacing (Ft.)
25 105
30 125
35 150
40 185
45 230
50 275
(c) [Shared access.] Shared access shall be provided, whenever possible, for entrances to
adjoining uses, including residential driveways.
(d) [Cross access.] Cross access shall be provided among abutting uses of similar use
categories, whenever possible, to provide linkage between properties as an alternative to re-
entering the corridor to access both existing and future neighboring properties.
(e) Entrance locations for adjoining properties. Commercial site entrances shall be no closer than
25 feet to an adjoining property which is zoned residential and no closer than ten feet to an
adjoining property which is in a nonresidential zoning category.
Page 15
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 10
27.65 [Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary sign
regulations.
27.66 Building height.
(a) Buildings shall be limited in overall height to 35 feet and shall not exceed two stories.
27.67 Open space and landscaping.
(a) Lot coverage. Each lot shall have a minimum of 25 percent of the lot area dedicated to be
landscaped open space. A lesser amount of landscaped open space may be permitted when it
can be demonstrated to the satisfaction of the planning commission, through the site plan review
process, that, due to lot configuration and existing built conditions, the required minimum is
impractical.
(b) Frontage. Each lot shall have a landscaped open space of at least 25 feet in width, measured
from the back of curb along the entire frontage of the lot, except at points of site access. Trees
shall be provided along the frontage perimeter at a minimum rate of one tree for each 50 linear
feet of frontage.
(c) Side and rear yards. A minimum of 15 feet of landscaped open space shall be provided along
all side and rear lot lines when abutting a residential use and a minimum of five feet when
abutting a nonresidential use. Tree plantings shall be provided along all nonfrontage perimeters
at a minimum rate of one tree for each 75 linear feet.
(d) Stormwater detention ponds. Detention ponds may be counted toward the minimum 25
percent open space area, provided that such ponds are designed to emulate natural features by
incorporating irregular outline, gradual slopes (no greater than 1:4), and appropriate landscape
plantings.
(e) Landscaping. Landscaped open spaces shall be designed in accordance with the provisions
of this section, as well as the landscaping guidelines as set forth in article 5, section 9 of this
ordinance.
(f) Screening. The following items shall be located so as to minimize visibility from the roadway,
adjacent properties and other public areas, and shall be screened from public view:
(1) Service bays;
(2) Loading docks and platforms;
(3) Rooftop utilities;
(4) Satellite dishes;
(5) Dumpsters;
(6) Storage areas.
(g) Standard for tree plantings. Trees shall be of a high canopy variety and shall be limbed to a
minimum height of 12 feet above grade at maturity.
(h) Standards for shrubbery. Shrubbery shall be of a low evergreen variety and shall be limited to
use as foundation plantings and for screening purposes.
(i) Standards for ground cover. Ground cover shall be limited to turf and ornamental grasses and
ornamental evergreen ground cover plantings within required landscape areas.
Page 16
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Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 11
27.68 Lot configuration. All lots within the corridor overlay district created after the enactment of this
section shall conform to the following:
(a) Minimum lot area [shall be] 10,000 square feet. Service stations [shall have a minimum lot
area of] 20,000 square feet.
(b) Minimum lot depth shall be 100 feet. In the C-3 (service commercial) district, the minimum lot
depth shall be 150 feet.
(c) Minimum road frontage shall be at least 100 feet. In the C-3 (service commercial) district, the
minimum road frontage shall be 150 feet.
27.69 Architectural review. The side of any building which faces the corridor (or corridors) shall be
referred to as the "corridor elevation." Buildings in the COZ-1 shall be designed to front on the
corridor, and the corridor elevation shall contain architectural elements traditionally associated with
the front of a building. Blank walls without functioning windows are prohibited along the corridor.
Windows must be incorporated into the overall design concept of the corridor elevation. Providing one
or several small windows on a large corridor elevation shall not constitute compliance with this
ordinance.
A "functioning window" shall be defined as a window which lets light into the interior of the structure,
and is integrated and related to the interior layout of the space. In addition to functioning windows, the
corridor elevation shall have the following elements:
(a) A primary entrance door or doors (except for loading doors).
(b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other similar
feature.
In addition, the corridor elevation shall have one of the following elements:
(a) Landscaping integrated into the building design concept.
(b) Architectural or urban design elements which link adjacent structures together, such as
plazas, walkways, colonnades, or similar features.
(c) Architectural relief, such as vertical and horizontal offsets in exterior wall elevations, band
courses, lintels and sill courses, cornices, and the like, to create shadow lines.
The applicant shall submit 12 copies of the corridor elevation at the time of application. The city
planner or his/her designee shall determine whether compliance with the provisions of this ordinance
has been achieved.
27.7 Properties located on a corner lot with two frontages within the Corridor Overlay Zone. When a
property is located on the corner of two corridors within the Corridor Overlay Zone, only one of the
two corridors shall be subject to the requirements of Section 27.61 Setbacks and Section 27.63
Parking, Subsection (a) Location. The frontage of the property on which the identifiable front of the
building is located shall be the frontage that is subject to the requirements of Section 27.61 And
Section 27.63, Subsection (a). In designing the site, in order to qualify for the relief under this
subsection, the applicant must demonstrate to the satisfaction of the planning commission that the
design incorporates the principles of superior urban design as defined in Section 27.2.
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to rezone lands from R-10 (One Family Residence Zone) to RM-2 (Medium
Density Residence Zone). While both zones are residential in nature, the R-10 zone only allows
single family detached dwelling units. The RM-2 zone consists of a great variety of housing
types including one-family residences (detached dwellings and duplex units), apartments and
multiplex dwellings (more than 2 dwelling units in same building). Both zones allow for
Page 17
Paj 18
Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 12
consideration of a series of uses through a Conditional Use review process for uses like places of
worship, schools, and other institutional activities.
Staff recommends that the Rezoning be granted to RM-2 (Medium Density Residence Zone)
while retaining the COZ-1 (Corridor Overlay Zone) as requested for the 25-acre area, as the
proposed zoning is consistent with the Comprehensive Plan for the Residential Medium Density
land use classification. The RM-2 allows for different housing types and a higher (but limited to
8 dwelling units per acre) density of units. It also is adjacent to other residential areas also zoned
RM-2 and developed with apartment units. The balance of the property (~50-acres) will remain
at the R-10 zone a portion of which is approved for development as place of worship (Church).
The Forrest Avenue/Route 8 corridor is a main east-west roadway that approaches the city from
the west. This area is generally the western boundary of the city and this point of transition from
rural areas has been generally developed for residential uses and the institutional uses of several
places of public assembly (churches) and the Dover High School campus. There is existing
infrastructure for water, sanitary sewer, and electric services that can be extended to serve
development and the police, fire, and emergency medical services service the area.
Staff also recommends that the property remain subject to the COZ-1 (Corridor Overlay Zone)
due to its frontage on Forrest Avenue. The purposes of the COZ-1 are to promote superior urban
corridor development; to foster coordination and linkage among corridor properties; to preserve
functionality and efficiency of the roadway for traffic movement; and to achieve a visually
balanced streetscape environment friendly to the pedestrian and motorist. (Zoning Ordinance,
Article 3 §27). The design and landscaping requirements of the COZ-1 can enhance the
appearance along the corridor.
This Rezoning Request does not grant approval of a specific use for the property but makes its
land use subject to a listing of uses permitted and potential conditional uses as allowed in the
RM-2 zoning district. Staff notes that any potential development for the subject rezoning area
would have to be in line with the zoning classification and would similarly have to follow all
development design guidelines of the Zoning Ordinance. Were the Application for Rezoning to
be recommended by the Planning Commission and subsequently approved by the City Council,
the applicant would still have to submit Site Development Plans and/or Subdivision Plans and
Permits for review for any new use of the site to be established.
This recommendation is being made without that benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration.
IV. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This Rezoning Application is a request for a zoning map amendment which changes the zoning
district of a property. The Planning Commission as part of their public hearing and review
process will provide a recommendation on the rezoning request to City Council. As part of the
process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must
evaluate the following factors when considering the request:
Page 18
Paj 19
Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 13
Article 10 § 5.36 Report of the planning commission. Regarding each application for a
zoning map amendment, the planning commission shall provide a report to the city council
stating a recommended action with regards to the proposed amendment, along with the
commission's evaluation of the following factors:
(A) Whether the uses permitted by the proposed change would be compatible with the
existing uses and zones in the area concerned;
(B) Whether adequate public services and infrastructure exist or can be created or
expanded to serve the needs of any additional demand as a result of such change; and
(C) Whether the proposed change is in accordance with the city's current comprehensive
plan.
A Recommendation Report from the Planning Commission is to be forwarded to City Council
for their consideration of the Rezoning Application. This document and its attachments make up
the Recommendation Report.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of September 19, 2022, the
Application Z-22-02 was represented by the members of the project team including Jim Eriksen,
engineer with Solutions IPEM; L.B. Steele, representative of applicant/equitable owner Leander
Lakes III, LLC. The project team presented their request for rezoning including a series of maps.
Also, present (virtually) regarding the Rezoning application were Rev. Dr. Charles Fletcher
representing the property owner Calvary Baptist Church and Debbie Smith (also listening on
behalf of church). During the Public Hearing, no members of the public spoke, and no written
comments were received.
The Planning Commission’s motion was to recommend approval for Rezoning application Z-
22-02 Part of Lands of Calvary Baptist Church at 2285 Forrest Avenue (25 acres) from
R-10/COZ-1 to RM-2/COZ-1 and resulted in vote of 9-0 in favor of rezoning. The reasons
cited for the approval include consistency with the City’s Comprehensive Plan; the
compatibility with the existing zoning of adjacent areas; the presence of existing
infrastructure (water, sanitary sewer, electric and police, fire, and emergency medical
services; and along with the recommendations of Planning Staff and the applicant’s
presentation and testimony.
See also the included excerpt of the DRAFT Meeting Minutes of the September 19, 2022
Planning Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
V. ADVISORY COMMENTS TO THE APPLICANT:
1) The applicant shall be aware that approval of any Rezoning application does not represent
Site Development Plan or Subdivision Plan approval. Following any decision made by City
Council in regard to this Rezoning, then an application for a Site Plan, Subdivision Plan,
and/or appropriate Building Permits must be submitted to the Planning Department prior to
Page 19
Paj 20
Item #1.
Z-21-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue: Rezoning
PC Recommendation Report of September 19, 2022
Page 14
the establishment of a use, development activity, or any construction activity on the site. The
applicant should contact the Planning Staff to determine the appropriate review process for
any proposed projects.
2) The applicant shall be aware that approval of any Rezoning application does not represent a
Building Permit, Demolition Permit, Sign Permit, or other construction activity permit
approval. A separate application submission is required before issuance of permits by the City
of Dover.
3) The applicant shall be aware that any future use and/or buildings may be subject to a separate
permitting or licensing processes through the City of Dover Licensing and Permitting
Division. All businesses operating in the City of Dover are required to obtain a City of Dover
Business License. Certain types of uses also require a Public Occupancy Permit or Rental
Dwelling Permits.
ATTACHMENTS:
• Zoning Map Exhibit
• Application Z-22-02 Submission:
o Legal Description of Subject Area (Lands of Calvary Baptist Church of Dover
Delaware, Inc. to be conveyed to Leander Lakes Apartments, LLC)
o Rezoning Exhibit Plan Sheet
• Presentation Map Series from Meeting (Presentation by Applicant)
• Development Advisory Committee Comments from City of Dover Departments of Public
Works and Water & Wastewater, Electric Department, City Office of the Fire Marshal,
DelDOT, and Kent Conservation District
• Excerpt from DRAFT Planning Commission Meeting Minutes of September 19, 2022
• Proposed Ordinance #2022-11
Page 20
Paj 21
City of Dover Application No.: Z-22-02
Item #1.
Department of Planning & Inspections
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R-10
Tile: Part of Lands of Calvary Baptist Church of Dover
Ordinance #: 2022-11 Legend
Address: 2285 Forrest Avenue
Parcel IDs: ED-05-075.00-01-06.00-000 Dover Boundary
Existing Zoning: R-10 (One-Family Residence Zone) Subject Property
COZ-1 (Corridor Overlay Zone)
Proposed Rezoning RM-2 (Medium Density Residence Zone) Zoning
of 25 Acres: COZ-1 (Corridor Overlay Zone) Dover Parcels
Owner: Calvary Baptist Church of Dover
Equitable Owner: Leander Lakes III, LLC Corridor Overlay Zone
Date:
0 300
8/29/2022
600 1,200 Feet
« Area to be Rezoned
Page 21
Paj 22
Item #1.
LEGAL DESCRIPTION
OF THE LANDS OF
CALVARY BAPTIST CHURCH OF DOVER DELAWARE, INC
TO BE CONVEYED TO
LEANDER LAKES APARTMENTS, LLC
CITY OF DOVER
KENT COUNTY DELAWARE
TAX ID 2-05-07500-01-0600
July 30, 2022
All those certain tracts, pieces or parcels of land lying and being situated in the East Dover Hundred of
Kent County Delaware; and being located on the southeasterly side of Forrest Avenue (DE Route 8)) and
being more particularly described with the bearings hereon referenced to The Delaware State Grid, NAD
83, as follows, to wit:
BEGINNING at a point along the southeasterly right of way of Forrest Avenue (width varies),
approximately 39.1 feet from it’s baseline as shown on a plat recorded among the land records of Kent
County in plot book 145, page 60, at the northwesterly corner of the lands of Jireh Christian Center, Inc.
(see deed Y40/48) and the northeasterly corner of the lands of Calvary Baptist Church of Dover
Delaware, Inc. and the lands herein described, thence leaving the southeasterly right of way of Forrest
Avenue and with the lands of Jireh Christian Center, Inc. and the lands of Leander Lakes Apartments,
LLC. (see deed D 9413/315)
1. South 36°15'36" East a distance of 1,197.60 feet to a point at a corner of the lands of Jireh Christian
Center, Inc. and the lands of Leander Lakes Apartments, LLC and continuing a distance of 764.69 feet for
a total distance of 1,962.29 feet to a point along the northerly line of the lands of Farm Lands, LP (see
deed D 237/279) at the southwesterly corner of the lands of Leander Lakes Apartments, LLC. and the
southeasterly corner of the lands of Calvary Baptist Church of Dover Delaware, Inc., thence with the
lands of Farm Lands, LP
2. South 49°23'25" West a distance of 1,167.80 feet to a point, thence leaving the lands of Farm Lands,
LP and across the lands of Calvary Baptist Church of Dover Delaware, Inc. the following 3 courses and
distances
3. North 40°36'35" West a distance of 855.46 feet to a point thence
4. North 53°44'28" East a distance of 1,129.86 feet to a point, thence
5. North 36°15'36" West a distance of 1,208.30 feet to a point along the southeasterly right of way of
Forrest Avenue, thence with the southeasterly right of way of Forrest Avenue
6. North 59°43'16" East a distance of 100.00 feet to THE POINT OF BEGINNING.
CONTAINING: 25.000 Acres of land more or less
Page 22
Paj 23
Item #1.
LEGEND
EXISTING PROPERTY LINE
SITE MAP
EXISTING ADJACENT PROPERTY LINE FOR
LEANDER LAKES III REZONING
EASEMENT LINE
REZONING BOUNDARY
REZONING AREA HATCH
EXISTING DITCH
ZONING LINE
0'
.0 SITE
N
1 00 303 North Bedford Street
E Georgetown, DE 19947
6"
59
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AREA OF T. 302.297.9215
3003 Merritt Mill Road
N
REZONING Salisbury, MD 21804
T. 410.572.8833
www.solutionsipem.com Copyright © 2022
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SITE DATA:
S3 OWNER OF CALVARY BAPTIST CHURCH OF DOVER
6° RECORD: 410 FULTON STREET
'36 DOVER, DE 19904
15
"E CONTACT: DR. CHARLES D. FLETCHER, JR.
08 EQUITABLE LEANDER LAKES III, LLC
EX 12
O ' OWNER: 218 EAST MAIN STREET
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CA C UTU 303 NORTH BEDFORD STREET
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15 GEORGETOWN, DE 19947
E "E CONTACT: JASON PALKEWICZ, PE
REVISIONS
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ZO
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D R O
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EXIST
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LEANDER LAKES
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PROPOSED RM-2
REZONING
LEANDER LAKES III
25.0 ACRES
CITY OF DOVER
REZONING SITE MAP
for
KENT COUNTY, DELAWARE
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Job Number: Drawn By: Designed By: Approved By:
Date: Scale:
GRAPHIC SCALE Sheet No.:
150 75 150 300 600
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File Name:
( IN FEET ) 18040-cover
1 inch = 150 ft.
Page 23
Paj 24
Item #1.
AERIAL MAP
SITE
LEANDER LAKES III REZONING
Page 24
Paj 25
Item #1.
AERIAL MAP
SITE
LEANDER LAKES III REZONING
Page 25
Paj 26
Item #1.
CITY OF DOVER LAND DEVELOPMENT MAP
SITE
LEANDER LAKES III REZONING
Page 26
Paj 27
Item #1.
STATE SPENDING STRAGEGIES
SITE
OUT OF PLAY INVESTMENT LEVEL 1 INVESTMENT LEVEL 3
INVESTMENT LEVEL 2 INVESTMENT LEVEL 4
LEANDER LAKES III REZONING
Page 27
Paj 28
Item #1.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: AUGUST 31, 2022
APPLICATION: Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest
Avenue
FILE #: Z-22-02
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed rezoning of tax parcel ED-05-076.08-01-40.01-000. Any redevelopment shall
adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works
Construction. Impact fees will be applied to this property.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 28
Paj 29
Item #1.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: AUG 31, 2022
APPLICATION: Part of Lands of Calvary Baptist Church of Dover at 2285
Forest Ave
FILE #: Z-22-02
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-075.00-01-06.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be
responsible for all costs associated with providing the appropriate meter / service to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook.
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 29
Paj 30
C F #1.
Z-22-02
Item
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 08/31/22 D S
O H
V A
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APPLICATION: Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Ave
FILE #: Z-22-03 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is a rezoning application. This office has no objections.
2. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley,
shall have displayed on that wall, in legible, easily read characters which are of contrasting color
to the background, the proper street number for such house, building, or structure in accordance
with the following:
One-family and two-family residential structures, height, the number shall measure a minimum of four
inches in height, location, the number shall be placed on the house above or to the left or right of
the front entrance, color, the number shall be contrasting to the background color, Arabic numerals,
all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings
with apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location,
numbers shall be placed either in the center of the building or on the street end of the building so
as to be visible from either the public or private street or from the parking lot, color, numbers shall
be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic
numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the
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Item #1.
street end of the building so as to be visible from either the public or private street or from the
parking lot,
property line or driveway, should the building be located far enough from a public or private road so
that the numbers are not clearly visible from the street, then the street address shall also be
posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on
each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite
number affixed to the front of the tenant space and on the outside of the rear door which
corresponds with that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
3. Project to be completed per approved Site Plan.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
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Item #1.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
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APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Part of Lands of Calvary Baptist Church of Dover
FILE#: Z-22-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No comment on the Rezoning.
2. At such time the property further develops, it is expected that DelDOT Subdivisions will
need to review and approve the development.
3. At such time, the developer should schedule a pre-submittal meeting to discuss.
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KENT CONSERVATION DISTRICT
Item #1.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
SEPTEMBER 2022
APPLICATION: Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue
FILE #: Z-22-02
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
Kent Conservation District has no objection to the proposed rezoning of the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than
5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by
the Kent Conversation District prior to the commencement of disturbance.
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Item #1.
CITY OF DOVER PLANNING COMMISSION
SEPTEMBER 19, 2022
Excerpt from Meeting Minutes – Draft
The Meeting of the City of Dover Planning Commission was held on Monday, September 19,
2022 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system
WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members
present were Mr. Cooper, Mr. Roach (virtual), Mrs. Denney, Mr. Hartman, Mr. Baldwin, Dr.
Jones, Mrs. Welsh (virtual), Mrs. Malone (virtual) and Mrs. Maucher.
Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Mr. Jason Lyon (virtual) and Mrs. Kristen Mullaney. Also present was Mr. Jim
Eriksen, Solutions IPEM; Rev. Dr. Charles Fletcher, representative of landowner (virtual); Mr.
L.B. Steele, Leander Lakes III, LLC. No one spoke from the public on this application.
NEW APPLICATIONS
Z-22-02 Part of Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue – Public
Hearing and Review for Recommendation to City Council for a rezoning application for part of a
parcel of land consisting of 25 acres (overall existing parcel is 75.521 acres +/-). The property is
zoned R-10 (One-Family Residence Zone) and partially subject to the COZ-1 (Corridor Overlay
Zone). The proposed zoning for the 25 acres is RM-2 (Medium Density Residence Zone) and
partially subject to the COZ-1 (Corridor Overlay Zone). The property is located on the south side
Forrest Avenue west of Dover High Drive. The owner of record is Calvary Baptist Church of
Dover. The equitable owner is Leander Lakes III, LLC. Property Address: 2285 Forrest Avenue.
Tax Parcel: Part of ED-05-075.00-01-06.00-000. Council District 1. Ordinance #2022-11. This
property was subject to Conditional Use Site Plan Application C-19-06 which received
Conditional Approval by the Planning Commission at their July 2019 meeting, and Final Plan
Approval in December 2021.
Representatives: Mr. Jim Eriksen, Solutions IPEM; Rev. Dr. Charles Fletcher, representative of
landowner, Calvary Baptist Church; Mr. L.B. Steele, Leander Lakes III, LLC
Mrs. Melson-Williams stated that this is an application filed by Leander Lakes III, LLC. The
property owner is the Calvary Baptist Church of Dover. The subject property that we are dealing
with is the parcel that is located at 2285 Forrest Avenue. It is depicted on the screen in yellow.
The entire tract is 75.521 acres; however, this Rezoning is the area of 25 acres which is shown in
a hatched configuration. It does kind of look like an upside-down flag at the moment, so we are
just focused on that 25-acre area. The present zoning of the overall property is R-10 (One-Family
Residence Zone) and the frontage of the parcel is subject to the COZ-1 (Corridor Overlay Zone).
The applicant is making a request to take the 25-acre area to the zoning of RM-2 (Medium
Density Residence Zone) with the front portion remaining to subject to the COZ-1 (Corridor
Overlay Zone) and then the balance of the acreage would remain R-10 (One-Family Residence
Zone). With a Rezoning Request, we have to look at the Comprehensive Plan. The Report
includes the Goals and Policies related to residential land-use activities. Specifically in the 2019
Comprehensive Plan, the Land Development Plan Map 12-1 identifies that this property should
be utilized for the residential land use of Residential Medium Density. The Comprehensive Plan
Excerpt of Planning Commission Meeting Minutes of September 19, 2022 Page 1 of 3
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Item #1.
goes on to identify those zones that would comply with that land-use category of Medium
Density Residential; and the RM-2 (Medium Density Residence Zone) is one of that collection.
This property is in general, the western boundary area of the City in this location. The tract was
originally annexed into the city back in 2007 shortly after the Annexation that brought in the land
area that became the new Dover High School Complex. Adjoining this property, there is a
church location, there is an existing apartment complex known as Leander Lakes that already
carries with it that RM-2 (Medium Density Residence Zone). For the subject parcel itself,
Planning Commission members may remember a Conditional Use Site Plan Development C-19-
06 for the Calvary Baptist Church of Dover to construct a new place of worship. That plan is still
in place, and they are working on permitting for that at this point. This Rezoning is in the balance
of the property where development of that new place of worship is not proposed. With the
Rezoning, the Report includes information on the zoning district. This will focus on just the
zoning change. Any future development of the tract of land would be subject to a separate review
and approval process. The Planning Staff is recommending the rezoning to RM-2 (Medium
Density Residence Zone) with retaining that COZ-1 (Corridor Overlay Zone) for the 25 acres be
approved, finding that it is consistent with the City’s Comprehensive Plan for that Residential
Medium Density Land-Use Classification. The Route 8 Corridor is a major east/west roadway
and adjoining areas have been developed for larger and higher scale density both on the
institutional side and residential side of things. There is an existing infrastructure and service
capabilities in the area. Tonight, the Planning Commission is to hear from the applicant, conduct
its public hearing and then they will be making a recommendation in regards to the Rezoning.
Specifically, the Planning Commission needs to evaluate the three factors that are outlined in the
Zoning Ordinance. Just in summary, it’s whether the use is permitted by the proposed change
and would be compatible with the existing uses and zones in the area; whether there is adequate
public services and infrastructure; and whether the proposed change is in accordance with the
Comprehensive Plan. The other agencies participating in our Development Advisory Committee
voiced no objection to the Rezoning. Some of them also referenced should redevelopment occur
that there will ultimately be other things to be considered.
Mr. Eriksen stated that Staff did a fantastic job of putting together a comprehensive report, so he
won’t speak long. He did put together a few things, mostly visuals. One thing that he does want
to point out is the transition in use that they left with the requested Rezoning. They left over 400
feet off the building and over 300 feet off improvements with the church so that should be plenty
of space to allow that transition use. The next slide shows the general area, and you can see that
it is a minor arterial per DelDOT’s classification and along there in the vicinity of the project
there is existing Medium High Density Residential land uses. There is a high school that was
previously mentioned as well as some commercial uses. There is going to be a future church and
there is an existing church as well as existing apartments already there right next door that
already have this zoning designation. The next slide shows the map with the site that indicates
that this was intended per the Comprehensive Plan to be a Medium Density Residential area. The
next slide shows the Investment Level Area based on the State Spending Strategies; it’s an Area
(Level) 1 and 2. Basically it coincides with a site that you would expect to be developed. When
you take all of this in combination with Staff’s Report, they indicated that they believe it matches
up well with the Comprehensive Plan and he believes that it meets all conditions. They will be
here for any questions.
Mrs. Maucher opened a public hearing.
Excerpt of Planning Commission Meeting Minutes of September 19, 2022 Page 2 of 3
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Item #1.
Mrs. Melson-Williams stated that she wanted to identify that Rev. Dr. Charles Fletcher has
joined us. He is a representative of the Calvary Baptist Church who is the landowner.
Dr. Charles Fletcher stated that he had no comments.
Mrs. Melson-Williams stated that she believes that Ms. Debbie Smith is also representing
Calvary Baptist Church because she mentions whether other teammates were on the call this
evening regarding this application. Ms. Smith does not have any additional statements to make.
Mrs. Maucher closed the public hearing.
Mrs. Welsh moved to recommend approval to City Council for application Z-22-02 Part of
Lands of Calvary Baptist Church of Dover at 2285 Forrest Avenue for the zoning change from
R-10 (One-Family Residence Zone) and COZ-1 (Corridor Overlay Zone) to RM-2 (Medium
Density Residence Zone) and COZ-1 (Corridor Overlay Zone), seconded by Mrs. Malone and
the motion was carried 9-0 by roll call vote. Mrs. Welsh voting yes; for reasons stated in the
motion and it is appropriate for the Comprehensive Plan of the City. Mrs. Malone voting yes; for
reasons stated by the motion maker. Mr. Cooper voting yes; it’s in compliance with the
Comprehensive Plan. Mr. Roach voting yes; for reasons previously stated. Mrs. Denney voting
yes; she believes that this is exactly what should be there, and it melds well with our
Comprehensive Plan and Zoning Ordinance. Mr. Hartman voting yes; based on the fact that the
proposed zoning is compatible with the existing zones in the area of concern. There is existing
infrastructure and water, sanitary/sewer and electric services and they extended the development
in the Police, Fire and Emergency Medical Services area. It is also consistent with the City’s
Comprehensive Plan. Mr. Baldwin voting yes; based on Staff recommendation and the
Comprehensive Plan. Dr. Jones voting yes; for reasons previously stated. Mrs. Maucher voting
yes; for reasons stated.
Excerpt of Planning Commission Meeting Minutes of September 19, 2022 Page 3 of 3
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Item #2.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on September 26, 2022, at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare.
Staff members present were Chief Johnson, Ms. Peddicord, Mr. Hugg, Mr. Rodriguez, Mr. Gray,
and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., before the commencement of the Official Council
Meeting. Council President Sudler declared the Open Forum in session and reminded those present
that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
INVOCATION
The invocation was given by Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Dr. Julia Pillsbury.
ADOPTION OF AGENDA
Mr. Neil moved for the adoption of the agenda, seconded by Mr. Hare, and unanimously
carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty, and carried
by a unanimous roll call vote.
PROCLAMATION – PUBLIC POWER WEEK 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, the citizens of the City of Dover, place a high value on local choice over community
services and therefore have chosen to operate a community-owned, not-for-profit electric utility
and, as customers and owners of our electric utility, have a direct say in utility operations and
policies; and
WHEREAS, the City of Dover Electric Department provides homes, businesses, schools, social
services, and local government agencies with reliable, efficient, and safe electricity. Employing
sound business practices designed to ensure the best possible service at not-for-profit rates. It is a
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 2
valuable community asset that contributes to the well-being of local citizens through energy
efficiency, customer service, environmental protection, economic development, safety awareness;
and
WHEREAS, the City of Dover Electric Department is a dependable and trustworthy institution,
whose local operations provide consumer protection, continues to make our community a better
place to live and work, and contributes to protecting the global environment. The City of Dover
Electric Department will continue to work to bring low-cost, safe, reliable, and sustainable
electricity to community homes and businesses, just as it has since 1899, the year when the utility
was created to serve all the citizens of the City of Dover; and
WHEREAS, Public Power Week is designed to recognize the people behind public power within
the City of Dover Electric Department, for their contributions to the community and to educate
customer owners, policymakers, and employees on the benefits of public power. Our community
joins hands with more than 2,000 other public power systems in the United States in this
celebration of public power, which puts our residents, businesses, and the community before
profits.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 2nd – 8th, 2022 as Public Power Week in the City of
Dover and urge all residents to express their heartfelt appreciation to all the men and women, who
so diligently serve to ensure that electrical power continues to flow to the homes and businesses
of this city.
On behalf of the Mayor and Council, Mayor Christiansen and Councilman Rocha presented the
proclamation to Paul Waddell, Electric Director for the City of Dover.
PROCLAMATION – CYBER SECURITY AWARENESS MONTH 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, we recognize the vital role that technology has in our daily lives and the future of the
City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use the
Internet for a variety of tasks, including keeping in contact with family and friends, managing
personal finances, performing research, enhancing education, and conducting business. Critical
sectors are increasingly reliant on information systems to support financial services, energy,
telecommunications, transportation, utilities, healthcare, and emergency response systems; and
WHEREAS, Internet users and our information infrastructure face increased threats of malicious
cyber-attacks, invasion of privacy from spyware and adware, and significant financial and personal
privacy loss due to identity theft and fraud. The National Cyber Security Alliance’s 2022
Cybersecurity Awareness Month theme, “See Yourself in Cyber” encourages a risk-based
approach and focuses on the behaviors that are most important to the organization; and
WHEREAS, Keep your data protected by practicing the basics of cybersecurity: such as enabling
multifactor authentications, using strong unique passwords, keeping your software up to date, and
installing anti-virus programs are ways you can protect yourself; and
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 3
WHEREAS, the STOP. THINK. CONNECT. The campaign serves as the national cybersecurity
public awareness campaign, implemented through a coalition of private companies, nonprofits,
government organizations, and academic institutions working together to increase the public’s
understanding of cyber threats and empower Americans to be safer and more secure online; and
WHEREAS, Delaware’s DigiKnow Campaign is aimed at increasing the understanding of cyber
threats and empowering the public to be safer and more secure online. Maintaining the security of
cyberspace is a shared responsibility in which each of us has a critical role, and awareness of
computer security essentials will improve the security of the City of Dover’s information
infrastructure and economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim October 2022 as Cybersecurity Awareness Month in the City
of Dover and urges all citizens to learn about cybersecurity and put that knowledge into practice.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Larry
Josefowski, IT Director for the City of Dover.
PROCLAMATION – FIRE PREVENTION WEEK 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living
in and visiting our City, and fire is a serious public safety concern both locally and nationally. The
National Fire Protection Association’s 2022 Fire Prevention Week theme is, “Fire Won’t Wait,
Plan Your Escape”. The goal of Fire Prevention Week is to raise fire safety awareness and to help
ensure your home and family are protected. In 1922, The National Fire Protection Association
(NFPA) named the second week of October, Fire Prevention Week in commemoration of the Great
Chicago Fire (October 8 – October 10 in 1871) which burned through the city of Chicago,
destroying large areas of land, killing over 300 citizens, and leaving thousands of people homeless.
Fire Prevention Week is the longest-running US public health observance on record; and
WHEREAS, according to NFPA data, home, the place people feel safest from fire, is where they
are at the greatest risk, with three-quarters (74 percent) of all U.S. fire deaths occurring in homes.
When a home fire does occur, it is more likely to be serious; people are more likely to die in a
home fire today than they were in 1980. Today’s homes burn faster and hotter than they used to,
which minimizes the amount of time they have to escape safely. In a typical home fire, you may
have as little as two minutes to get out from the time the smoke alarms sound. Test smoke alarms
once a month and replace them after 10 years, as recommended by the United States Fire
Administration; and
WHEREAS, make sure your home escape plan, meet the needs of your family members, including
those with sensory or physical disabilities. Smoke alarms should be installed inside every sleeping
room, outside each separate sleeping area, and on every level of your home. Smoke alarms should
be interconnected so that when one sounds, they all sound. Know at least two ways out of every
room. Make sure all doors and windows open easily. Have an outside meeting place, that is a safe
distance from your home where everyone should meet. Practice your home fire drill at least twice
a year with everyone in the household, including guests. Practice at least once during the day and
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 4
once at night. We come together now to recognize the threat posed by fire, honor the lives claimed
each year, and recommit to preventing fires in our homes.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 9th – 15th, 2022 as Fire Prevention Week in the City
of Dover and urge residents to develop a home escape plan with all members of the household and
practice it regularly to ensure that everyone knows what to do when the smoke alarm sounds.
On behalf of the Mayor and Council, Mayor Christiansen and Councilman Taylor presented the
proclamation to City of Dover Fire Chief David Carey.
PROCLAMATION – NATIONAL COMMUNITY PLANNING MONTH 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, change is constant in every community and affects all of us, and community planning
can help manage change in a way that provides better choices for how people work and live.
Community planning provides an opportunity for all residents to be involved in making choices
that determine the future of their community; and
WHEREAS, the American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions sound planning, and plan implementation make to the quality of our
communities and environment; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully
involved in making choices that determine the future of their community. The full benefit of
planning requires public officials and citizens who understand, support, and demand excellence in
planning and plan implementation.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of October 2022 as Community Planning Month
in the City of Dover and encourage all citizens to join me in recognizing the participation and
dedication of the staff of the City of Dover Department of Planning and Inspections, members of
the City of Dover Planning Commission, the valuable contributions made by other community and
regional planners and our partner agencies at the State and County levels. We extend our heartfelt
thanks for the continued commitment to public service by these professionals and private citizens.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mary
Ellen Gray, Planning Director, and Dawn Melson-Williams, Principal Planner for the City of
Dover.
PROCLAMATION – HALLOWEEN TRICK OR TREAT 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the
observance of the Halloween Trick-or-Treat custom, emerging from their homes as ghosts,
witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with
friends and family door to door throughout the neighborhood to gather treats; and
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 5
WHEREAS, Children ages 12 and under may participate in Trick-or-Treating in small groups,
ages will be strictly enforced. Parents must accompany their children throughout their journeys in
celebrating Halloween Trick-or-Treat. Motorists are urged to drive with extra caution and to be
ever watchful of our youngsters making their rounds; and
WHEREAS, it is requested that residents indicate their willingness to welcome children by
keeping their porch or exterior lights on and that youngsters call only on homes that are lighted.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim that the Halloween Trick-or-Treat observance be held on
Monday, the 31st day of October 2022, between the hours of 5:00 p.m. and 8:00 p.m. in the City
of Dover and urge all residents, both young and old, to make this a happy and safe occasion for
our children.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Miss
Lilliana Burgos.
PROCLAMATION – HISPANIC HERITAGE MONTH 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, throughout our history, our Nation has been enriched by the storied past of all who
call the United States of America home. During National Hispanic Heritage Month, we honor all
American citizens of Hispanic descent and celebrate their rich and vibrant traditions of faith,
family, hard work, and patriotism. America's Hispanic community has woven unique threads into
the fabric of our country with their spirit, energy, and leadership. Hispanic Americans have played
an important role in shaping our national character. We are grateful for the innumerable
contributions they make to our society, which are vital to our thriving Nation; and
WHEREAS, as a Nation, we are bound by our shared ideals. America's Hispanic community has
the same dreams, values, trials, and triumphs as people in every corner of our country, and they
show the same grit and determination that have carried us forward for centuries. During National
Hispanic Heritage Month, let us renew our commitment to honor the invaluable ways Hispanic
Americans contribute to our common goals, to celebrate Hispanic culture, and to work toward a
stronger, more inclusive, and more prosperous society for all; and
WHEREAS, the 2022 National Hispanic Heritage Month theme, “Unidos: Inclusivity for a
Stronger Nation,” invites all Hispanics in the City of Dover community to celebrate Hispanic
Heritage and to reflect on how great our tomorrow can be if we hold onto our resilience and hope.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim September 15 through October 15, 2022, as Hispanic Heritage
Month in the City of Dover and urge all citizens to observe this month with appropriate
ceremonies, activities, and programs.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Rony
Baltazar Lopez from the Delaware Hispanic Heritage Commission.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 6
PRESENTATION – ELECTRIC RATES AND BILLING UPDATE
Ms. Patricia Marney, Customer Service Director, presented a PowerPoint Presentation giving an
overview of the rate increase and billing. (Exhibit #1).
Responding to Mr. Rocha, Ms. Peddicord clarified that it is not a deficit, it was an increase in
power supply cost that was recognized between Fiscal Year 2022 and Fiscal Year 2023. Ms.
Peddicord explained that the difference between those two years of spending just on power supply
is $41 million. Ms. Peddicord stated that the city is not in the negative but comparing one year
against the other, the city is $3 million higher than we were last year at this point.
Responding to Mr. Rocha, Ms. Marney explained that it is too early to predict how the difference
correlates with the increase from the PCA that was implemented, by the end of Fiscal Year 2023.
Responding to Mr. Rocha, Ms. Peddicord explained that they have monthly meetings with the
Energy Authority and sometimes they mention that prices have gone down slightly, but then spike
back up. Ms. Peddicord further explained that it is a bit early in the fiscal year to have an idea.
Ms. Peddicord referenced the schedule that was presented showed the difference in cost year after
year and that it showed there was an increase in the cost that was recognized and passed through
to the citizens with the PCA debit.
Responding to Mr. Rocha, Ms. Marney stated that there is no way to gather day-to-day readings
because they would have to be calculated manually. Ms. Marney explained that there is a reading
and billing schedule that bills 2000 to 3000 accounts a day. Ms. Marney further explained that the
meter readers go out into the field and read 2000 to 3000 accounts with endpoints that could be
doubled. Ms. Marney noted that the accounts will be billed the following day; however, they go
out on a reading schedule once a month.
Ms. Marney further explained a specific route, and that when someone looks at their utility bill at
the top next to the account number, there is a route cycle number. Ms. Marney stated that the cycle
route shows when a specific account is being read and billed on the monthly schedule. Ms. Marney
continued that the billing schedule could fluctuate due to holidays and weekends. Ms. Marney
stated that they are implementing a new utility billing system and there could be training days that
impact that date and cause some fluctuation. Ms. Marney noted that the policy is not to go over
two days, but this could be impacted by holidays or if there is bad weather.
Responding to Mr. Rocha, Ms. Marney explained that meter readers used to use handheld books
when gathering data, however, they now use a handheld reader that works using radio waves. Ms.
Marney stated the handheld device communicates with the meter, both water, and electric meters.
Ms. Marney continued to state that the usage is measured and compared over the course of the
month, not broken down by day.
So basically, with our current system, it is not feasible, I will use that word, to be able to, unless
we applied the PCA to the next billing cycle instead of the July 1st cutoff, if that makes any sense.
Responding to Mr. Rocha, Ms. Marney explained that she would not recommend applying the
PCA to the next billing cycle instead of the July 1st cutoff. Ms. Marney further explained that
historically if you look back at prior billing periods, you had that same timing difference. Ms.
Marney stated that she reached out to several local utilities and found that anyone who was using
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an AMR system typically billed based on the bill date. Ms. Marney stated that the City of Dover
is operating within the industry standards for billing with the AMR system. Ms. Marney explained
that those who are using the AMI system have a better ability to prorate their rates but there are
many reasons that we are not using that system. Ms. Marney stated that it is in the long-term plan
to convert to AMI, however, she does not have an exact date.
Ms. Marney explained that Milford is a local community where AMI was instituted, and they are
still dealing with issues. Ms. Marney further explained that the City of Milford uses our current
billing system and that they have water meters, as an example, that is inside some basements. Ms.
Marney stated that the City has to run concurrently an AMI system and an AMR system because
they have not been able to access those homes to change out the meters that are in the basements.
Ms. Marney noted that there is a lot that goes into it, and it is a lot more involved.
Responding to Mr. Anderson, Mr. Waddell stated that there are a lot of facets that go into power
purchase and hedging. Mr. Waddell continued to state that he believes about 80% hedge is where
we try to be with all of our monthly requirements. Mr. Waddell explained that the way we run our
power purchase is that we have a requirement we must fulfill with PJM, which is the regional
transmission operator, and they give a number based on some coincidental peaks throughout the
year. Mr. Waddell noted that they must fulfill a requirement of 155 megawatts, however, which
may be lower than the actual load that we must provide to the city. Mr. Waddell noted that the
City may have a peak of 165 megawatts, and then we have to get that additional 10 megawatts
from somewhere.
Mr. Waddell stated that hedging allows us to reach out into the market in the future and procure
some of the power at a lower rate than if we called PJM tomorrow. Mr. Waddell continued to state
that this is because tomorrow’s price is going to take into consideration the fluctuation of natural
gas prices. Mr. Waddell noted that prices are going to affect the bottom-line price per megawatt.
Mr. Waddell stated that they just purchased 1520 megawatts of round-the-clock power for 2023
and after budgeting $146 per megawatt hour, the Energy Authority was able to get it to us at $115.
Responding to Mr. Anderson, Mr. Waddell explained that it will take approximately 6 months
before Delmarva Power has an estimated time of interconnection approval. Mr. Waddell further
explained that they are also having material issues, which is pushing the timeline to the end of
2023. Mr. Waddell stated that by the time the ancillary material and solar panels come in and then
get constructed and installed, they are looking at the fourth quarter of 2024 before it goes online.
Responding to Mr. Anderson, Mr. Waddell thanked him for bringing that up because that is one
of the things that impacted us in this budget process. Mr. Waddell stated that they were looking at
having that 50 megawatts of solar, which would eliminate the need to go out to the market and
purchase 27 megawatts of power. Mr. Waddell explained that by reaching out into the future and
hedging this, we can secure lower rates and they were not able to do that with this. Mr. Waddell
noted that the lack of them being able to get this system up and running has cost a lot of money.
Mr. Waddell further explained that they are contract-wise going through ways to try to recoup
some of that, but that they still cannot provide 27 megawatts of power to the customer. Mr. Waddell
added that with other issues going on with PJM, the Indian River Plant was supposed to close and
due to reliability concerns, PJM is making them stay online.
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Mr. Waddell explained that as a customer of PJM, the cost for them having the must-run ruling is
being split among all the people who use the power in Delmarva. Mr. Waddell continued to explain
that they are paying an additional share of that, which is hundreds of thousands of dollars a month,
and that we do not know how long this is going to go on. Mr. Waddell stated that is one piece of
that $3 million difference year after year that you were discussing earlier. Mr. Waddell stated that
he can get you a better number of that, exactly what that is, but it does fluctuate month to month.
Mr. Waddell stated that he thinks it was $250,000 the first month or $280,000 the first month and
about $250,000 the next month. Mr. Waddell noted that this is being shared by all the utilities in
Delaware and that it is not just us, DMEC is getting hit by it, Delaware Co-op is getting hit by it,
everybody is getting hit by it.
Responding to Mr. Boggerty, Ms. Marney explained that in one of the slides from how our
neighbors are doing, the Public Service Commission just put out an announcement to make citizens
aware that natural gas prices are going to continue to rise. Ms. Marney noted that electric
consumption, heating our homes, and water consumption, are all things that are within our power
to control depending on our personal use.
Responding to Mr. Boggerty, Ms. Marney answered Mr. Boggerty’s question of what are we doing
to help customers, by stating that the City of course will offer payment arrangements. Ms. Marney
stated that we have to look at the customer's individual history and look at if they have been
struggling. Ms. Marney stated that the City has to ask, if there is something else that we can do for
them, or if can we give them a referral to an agency that may be able to help them. Ms. Marney
noted that sometimes she will hear, I can tell on my side when I'm looking at a customer account
if they are a renter. Ms. Marney stated that she knows she can refer them to the DHAP program.
Ms. Marney continued that she also hears that they are a homeowner, they just lost their job, or
they have been out sick with Covid. Ms. Marney noted that she knows that they can qualify for the
Delaware Homeowner's Assistance Fund as an example.
Responding to Mr. Boggerty, Ms. Marney explained that what we do try to do is look at their
billing history and how many bills are outstanding. Ms. Marney continued that they also look at
whether are they at risk for disconnection and what the City can do to prevent a disconnection Ms.
Marney continued that she can tell you that one of the last things she wants to do, is disconnect
somebody's power, especially if we are in extreme weather where it is too hot or too cold. Ms.
Marney continued to state that what she generally says is the City is not regulated by the Public
Service Commission's rates for weather, but that we try to follow them. Ms. Marney explained
what that means is if it is 32 degrees at 8:00 AM, the City is not going to cut your electricity off,
usually. Ms. Marney continued to explain that there may be extreme circumstances where there
are circumstances where the City has to, but we try not to. Ms. Marney noted that it is the same
when the heat index makes it over 100 degrees then the City is not going to look at disconnecting
power. Ms. Marney continued to state that we do try to evaluate each person so we can customize
our answer to what their concerns are and what they are facing. Ms. Marney stated that the City
has relationships with Catholic Charities, First State Community Action, and DHSS. Ms. Marney
noted that there are places that we can go and that we can refer individuals to for help if the City
cannot help them.
Responding to Mr. Boggerty, Ms. Marney stated that the City should not push it under the rug and
think that it is going to go away, which she has seen happen sometimes. Ms. Marney continued to
state that it is a case of pride sometimes and embarrassment and that it is okay to be in a spot where
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you have trouble and ask for help. Ms. Marney noted that she thinks that it is one message that the
City needs to make clear to everyone, that it is okay to ask for help and that is what it is there for.
Ms. Marney continued to state that again, that is why the City is partnering with the health initiative
and NCALL Research and why we refer individuals to 211. Ms. Marney noted that it is okay to
ask for help and that it is okay to give the City a call to see what we can do to assist residents
through the process.
Responding to Mr. Boggerty, Ms. Marney stated that several years ago our residential deposit was
capped at $900. Ms. Marney stated that the amount is insane and that it would be hard for anyone
moving to come up with an extra $900. Ms. Marney explained that the City capped that deposit to
$500 and offers available to extend it out over a period of bills. Ms. Marney continued to explain
that the City also offers the ability for a customer to have their credit report run and that if they are
not comfortable with that, they do not have to do that. Ms. Marney noted that the City also accepts
letters of good credit from other utility agencies, such as Verizon or AT&T. Ms. Marney stated
that it does not necessarily have to be an electric utility, but that the City will accept a letter of
good credit. Ms. Marney stated that there are also assistance programs through the state and
through Catholic Charities that will assist individuals with deposits
Responding to Mr. Sudler, Ms. Marney explained that she does speak for a senior citizens sector
of the community, her father is 92 years old. Ms. Marney stated that she knows her dad would
have one heck of a time going through that process, should he need help. Ms. Marney stated that
she has reached out to Modern Maturity, and they will be more than happy to walk individuals
through that process for the DHAP program, DHAF, or even Catholic Charities. Ms. Marney noted
that they will help them apply for any type of assistance that they need.
Responding to Mr. Sudler, Ms. Marney stated that there are individuals even in my age group that
could care less about computers. Ms. Marney stated that we have had some aggravation to be
honest, with those programs ourselves. Ms. Marney noted that one of the things that the City does
request is that individuals are to show that they have been approved for the program so that we can
put a hold on their account, so they are not disconnected.
Responding to Mr. Sudler, Ms. Marney explained that a lot of times what she is finding is that they
are missing information that has not been submitted or that they are still waiting for information
from their landlord or even from their mortgage company.
Responding to Mr. Taylor, Mr. Waddell stated in regards to the reinstatement of McKee, that won't
happen. Mr. Waddell stated that the air permit is gone, it has been retired. Mr. Waddell stated that
to resubmit that process, you would be looking at years and potentially millions of dollars in order
just to get the air permit. Mr. Waddell explained that not even considering the age of that unit and
the upkeep that would be required to maintain it. Mr. Waddell noted that it costs a lot of money to
produce power there and that it was not an attractive source of power from a money-making aspect.
Mr. Waddell continued to explain that to maintain that unit, they would have to invest a bunch of
money into putting it all back together due to the demolition process as far as DNREC has given
us the approval for the above-ground tank storage demolition. Mr. Waddell stated that the City has
done hundreds of thousands of dollars of work on the environmental side to make sure that we got
the right plan going forward with the RFP to get the building knocked down. Mr. Waddell stated
that the City is going through an integrated resource plan and that an integrated resource plan takes
a 20-year snapshot or a 20-year forecast of where the city may need to be. Mr. Waddell noted that
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it is not a cemented solid way forward, but it at least gives us feasibility as far as money goes,
where we need to spend to make our infrastructure more robust.
Responding to Mr. Taylor, Mr. Waddell stated that he believes it is two different lines from
Delmarva. Mr. Waddell explained that if one feed goes out, they can back feed from the other and
vice versa. Mr. Waddell noted that it is the same way that the City operates when there is an outage,
we try to build everything redundantly.
Responding to Mr. Taylor, Mr. Waddell stated that at VanSant, the City has 42 and a half
megawatts of generation and that the peak load for the city last year, he believes was 164
megawatts. Mr. Waddell noted that we could supply 25%. Mr. Waddell stated that he does not
know if there is an industry standard for how cities need to be islanded, meaning they can self-
support. Mr. Waddell stated that when we did have all three units in McKee plus VanSant online
when you added all that together, we had enough to where if we lost a feed and we had the natural
gas availability to run those plants, we would have had enough to supply the city on a limited basis
until the gas runs out or our oil runs out. Mr. Waddell noted that the City is required to have 16
hours of runtime and fuel on standby and that you would be looking at 16 hours if we were not
able to get any fuel, meaning natural gas.
Responding to Mr. Sudler, Ms. Marney stated no, it is not a predictive approach, and that the City
is taking physical, actual readings off of your meter with a handheld device. Ms. Marney stated
that you can take a picture of your meter at the same time and that she has done this for some
customers when there was a concern about usage. Mr. Marney explained that they have sent a
meter reader physically to a location, where they have taken the handheld device and the meter
and then taken a picture of both sides by side. Ms. Marney stated that way you can compare the
numbers on our handheld device and the numbers on the meter and that they are true and accurate.
Ms. Marney explained that the AMR uses radio waves, so it's submitting that or emitting that
information to our handheld device from a radio read device that's on the physical meter back to
our meter reading equipment.
Responding to Mr. Sudler, Ms. Marney stated that they are actually in their vehicles. Ms. Marney
explained that they have the handheld device, and they also have a mounted device in their vehicle
that is picking up the readings from the actual meters. Ms. Marney continued to explain that it is
communicating back to the meter reading software and that once they are done with their routes
for the day, they bring their handheld device back to the office. Ms. Marney stated that then we
upload those readings into the billing software so that we can bill. Ms. Marney noted that she is
not going to say that there has never been a problem, but 97-98% of the time the readings are
accurate. Ms. Marney stated that most of the time when there is a problem, it may be with a water
meter, where the radio read has gone bad and the meter is in a pit. Ms. Marney stated that in those
cases we put in a work order for that device to be replaced and that it will do a visual read. Ms.
Marney noted that someone is physically going out and checking that meter to make sure that the
reading is correct before we bill it.
Mr. Waddell stated that if they do get a complaint that someone thinks that a meter is bad, our
meter guys will go out, pull that meter, install another meter, and then they will bring that meter
back in. Mr. Waddell noted that they will run it through a whole testing process to verify if it is
bad or if it's good and then we communicate with the customer to let them know. Mr. Waddell
stated that if there are continued questions about usage then they can put load loggers on there,
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that will measure continuous energy data and then we could go back and try to figure out what is
causing it to be so high.
Responding to Dr. Pillsbury, Ms. Marney explained that notices start going out in May with the
budget process. Ms. Marney explained that they have talked internally about how to improve that
process and that it is difficult to advertise or send a notice out specifically to customers when we
do not have set rates yet. Ms. Marney stated that she suggested that we change the language in our
rates tariff based on some of the feedback that we had received. Ms. Marney stated that she
understood what the concern was, but it depends on the type of meter reading equipment. Ms.
Marney noted that Easton Utilities' language says something to the effect, "All bills rendered in
the month, regardless of meter read or usage timing, are billed at the new rates." And the wording
in their tariff says, "Bills rendered on and after" their beginning. Ms. Marney stated that she begins
in September, whereas we begin in July. Ms. Marney noted that we have had some internal
conversations on how we can improve that process
Responding to Dr. Pillsbury, Ms. Marney explained that the information is included in the budget
packets in May and then again during the first Council meeting in June. Ms. Marney assured the
council that the information is available to the public.
Responding to Mr. Rocha, Mr. Waddell stated sure the AMR and the AMI, you're going to get the
same data. How it is read is what the different aspect of it is and the granularity of the data. With
the AMI, it is all sent and communicated the same way, except there is no need for a person to go
driving through the city. Mr. Waddell stated that with the AMR, it is a snapshot at that moment as
they drive by but with the AMI, we would be able to get them hourly data. Mr. Wardell stated that
if we purchased that functionality on that meter, we could give them five-minute data. Mr. Wardell
explained that converting from AMR to AMI is a very large outlay of money. Mr. Wardell noted
that he has not looked at prices recently, but it could be anywhere from $5 to $15 million because
every meter in the city has to be converted and has to be changed out. Mr. Wardell explained that
when the decision was made to move from HTE to Munis, as the city software, they put the AMI
process on hold. Mr. Wardell stated that we did not want to move into a new data collection system,
then throw it into a new billing software system, and to be cautious, we pushed that away. Mr.
Wardell noted that the ability for the customer to have more data is there if that is the route that
we want to go.
Responding to Mr. Rocha, Mr. Waddell stated that he is willing to say yes but now he would say
95% sure. Mr. Wardell stated that would be something as simple as going into the software and
telling it from this date forward at midnight 01, on July 1st, everything from that time until the
read date will be at the new rate and then they could have that bill split. Mr. Wardell stated that
functionality would be there in an AMI system, but it is the AMR system, it's like your old, corded
telephone in your house.
ADOPTION OF MINUTES -REGULAR COUNCIL MEETING OF SEPTEMBER 12, 2022
The Minutes of the Regular Council Meeting of September 12, 2022, was unanimously
approved by motion of Mr. Neil, seconded by Mr. Boggerty, and bore the written approval
of Mayor Christiansen.
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COUNCIL COMMITTEE OF THE WHOLE REPORT - SEPTEMBER 13,
2022
The Council Committee of the Whole met on September 27, 2022, at 6:02 p.m.
with Council President Sudler presiding. Members of Council present were Mr.
Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Rocha, Mr. Taylor,
and Mr. Hare. Dr. Pillsbury was absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Dr. Jackson and Mr.
Hosfelt (Safety Advisory, and Transportation) Mr. Shelton (Utility), Mr. Shevock
(WebEx), and Mr. Contant (WebEx). Mr. McCutcheon (Utility)was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and
unanimously carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and
unanimously carried.
Presentation - Next Generation Outcomes (Larry Normile, Erin Smith, and Emily
Sestito)
Mr. Larry Normile, 46 Stone Ridge Drive, Dover, Delaware. 19901 reviewed his
presentation entitled Next Generation Outcomes.
Responding to Mr. Neil, Mr. Normile confirmed that Next Generation Outcomes is
incorporated. Mr. Normile explained to get participants into the program, he will
work in conjunction with the City of Dover Police Department, Department of
Justice, Attorney General’s Office, and Probation and Parole.
Responding to Mr. Neil, Mr. Normile stated that he currently does not have a place
for participants to live or a place for them to go once they graduate. Mr. Normile
explained that he has reached out to Country Village Apartment Homes.
Mr. Neil stated that it is going to be hard to locate housing, there is not much space
available and that is something he has been looking and fighting for because that is
the main reason a lot of people are homeless. Mr. Neil explained that even if people
have the money, there is not enough inventory.
Responding to Mr. Neil, Mr. Normile stated that he does not have a current income
source, which is why he is meeting with organizations such as the City Council and
the Department of Justice. Mr. Normile stated that he does not have the money right
now, but he will even if it is in another two to three years, he will work for it, and
build his capital.
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Mr. Neil wished Mr. Normile all the luck in the world because he thinks the
program is terrific. Mr. Neil stated that if Mr. Normile can accomplish everything
that he has set out to do it would be a marvelous tool for the Police Department,
which anybody dealing with the social ills of this society can do.
Mr. Sudler stated that he thought Mr. Normile presented a very good presentation.
Mr. Sudler recommended filtering loitering issues to this rehabilitation and
community service program. Mr. Sudler urged Mr. Normile to contact the City
Manager because last month another non-profit requested a building or dwelling
that the city could donate based on a purpose and need. Mr. Sudler commended Mr.
Normile for following his spirit, and heart, and providing a highly-needed service
in our community.
Mr. Anderson thanked Mr. Normile for coming tonight and for his presentation.
Mr. Anderson stated that he is looking forward to the future with this program and
he believes it will make the entire county better. Mr. Anderson stated that Kent
County has grants open right now from the American Rescue Plan Act (ARPA)
funds and he believes that the deadline is October 25th. Mr. Anderson recommended
Mr. Normile look at Kent County’s website.
Responding to Mr. Rocha, Mr. Normile confirmed he received his 501(c)(3) in
2019.
Mr. Boggerty encouraged Mr. Normile to meet with Group Violence Intervention
Program (GVI) because he feels like both programs could work together. Mr.
Boggerty stated that he would get the contact information to Mr. Normile after the
meeting.
Presentation - Dover Loitering Ordinance- 2022 Update (Chief Thomas Johnson,
Dover Police Department)
Chief Thomas Johnson, Dover Police Department, reviewed the presentation
entitled Dover Loitering Ordinance 2022 Update.
Responding to Ms. Arndt, Chief Johnson stated that slide 24, section 70-9 is for
non-state-funded schools, for example, the private schools would have the same
authority as public schools.
Ms. Arndt stated that she liked that Chief Johnson was proposing court-tested
language found in the state statute.
Responding to Ms. Arndt, Chief Johnson stated that Council has the power to
decide what the consequences of a loitering citation in the city would be.
Mr. Boggerty stated that he would like to make sure the ordinance is being
administered fairly, if they are going to use the lower-level ordinance, then it must
be used for all unless they are frequent offenders. Mr. Boggerty requested seeing a
fair report including demographic, age, race, sex, and national origin.
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Responding to Mr. Boggerty, Chief Johnson stated that they used 2019 statistics
because it was pre-covid. Chief Johnson explained that during the pandemic, there
were operational adjustments on the number of citizen contact that they proactively
engage in, and the data would have been skewed.
Chief Johnson stated that Mr. Boggerty’s concern was completely understood as
Council will be drafting the Ordinance and voting to implement it. Chief Johnson
stated that he would provide contextual data, not only the numbers but context to
draw off, for example, communication from elected officials, 911 calls, and
proactive behaviors in chronic condition areas.
Mr. Boggerty stated that “I, Andre, councilman trust you, I have full confidence
that they are given the spirit that you delivered.” Mr. Boggerty stated, “let’s clean
up so we can tackle some issues that this city desperately needs tackling.” Mr.
Boggerty explained there have been break-ins, an increase in the homeless
population, and problems that Council needs to solve.
Responding to Mr. Rocha, Chief Johnson stated that cadets only have the authority
to enforce local offenses at Council’s pleasure. Chief Johnson explained cadets
currently enforce parking, littering, and other quality-of-life things. Chief Johnson
suggested that if Council would like for cadets to enforce loitering, then they
include that in the ordinance.
Responding to Mr. Rocha, Chief Johnson stated that he could provide suggested
language and that if there becomes a problem through an internal procedure, he
could rectify the situation.
Responding to Chief Johnson, Mr. Boggerty stated that whatever the numbers come
out to be he would like to see that it is fair.
Mr. Boggerty stated that page 21 of the packet discussed the cadets and that the
created purpose was due to the continuing safety and security concerns expressed
by the merchants. Mr. Boggerty suggested deleting why it was created because if
the numbers go down someone could say they are not needed.
Mr. Neil thanked the original sponsors of the loitering ordinance because they took
a lot of heat to bring about this moment. Mr. Neil explained that the original
sponsors tried to lessen the costs for somebody going through the process and not
having a record at the same time, trying to balance the individual’s rights
constitutionally with actions that were causing businesses to lose their business.
Mr. Neil further explained that they were losing their livelihood, and equity
invested, and deeply hurting the City of Dover because of the actions that were
taken by people who were loitering.
Mr. Neil thanked Mr. Anderson and Mr. Taylor for kicking the ball in the right
direction. Mr. Neil stated that they are now going to pull together information from
the Chief’s presentation so that they can achieve their goal. Mr. Neil explained that
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if we lose businesses and nobody wants to come then everyone gets hurt. Mr. Neil
noted that he has absolute trust in the Chief.
Mayor Christiansen stated that most of the job descriptions state that other duties
may be added at the discretion of the Chief and that the cadets need to be modified
to include the same language.
Mr. Sudler stated that he would like to see a statistical data review board comprising
individuals in certain zones so that they can review the statistics, look at the data,
see the authentication of the process, and be able to talk about the prior data. Mr.
Sudler explained that he felt they would get more buy-in from the community and
that it would show more accountability and transparency. Mr. Sudler thanked
Mr. Anderson and Mr. Taylor for their support in the loitering initiative.
Responding to Mr. Taylor, Mr. Sudler stated that the Police Chief’s Advisory Board
would be a start, but he thinks that individuals who live in the New Street area
should be included to help advocate that they see the statistics, that this is something
that is authentic and has a buy-in as a part of the process. Mr. Sudler explained that
the Police Chief’s Advisory Board should also be comprised of the business owners
in addition to residents because they will echo the message that they need to do
their part as a part of the community and the initiative to clean up downtown Dover.
Mr. Sudler stated that he felt they needed new eyes and a new mission statement
separate from the Police Chief’s Advisory Board only looking at statistics.
Responding to Mr. Sudler, Mayor Christiansen stated that he agreed that they
needed to make sure that the statistics and demographic information is available to
the community. Mayor Christiansen stated that he has implicit trust in the Chief,
his staff, our statistician, and the Police Chief’s Advisory Board which was
established to review and provide some oversight and suggestions for the operation
of the Dover Police Department.
Mayor Christiansen stated that he did not feel it was in the best interest of the
ordinance to reinvent the wheel.
Responding to Mr. Sudler, Mr. Taylor stated that Dr. Jackson – Short is a member
of the Police Chief Advisory Board, which helped bring forth this loitering
presentation. Mr. Taylor agreed with the Mayor that oversight is needed but should
be provided by the Police Chief’s Advisory Board. Mr. Taylor stated that he felt
that they would continue to do an outstanding job if they were given another
responsibility, whether it be dealing with the demographics of this or anything else.
Mr. Taylor noted that he has full faith in their abilities to be non-biased and move
forward in a way that everyone can find satisfaction in their efforts.
Mr. Anderson stated that a statistical review could be made with a motion and that
he felt that should be done parallel with the ordinance but not as part of the
ordinance. Mr. Anderson noted ordinances are laws that last until they are repealed.
Mr. Anderson stated that he would like to have flexibility in how they deal with
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 16
issues when it comes to being able to review because their needs of them can change
quickly.
Mr. Anderson moved to refer to staff to move forward with the drafting of this
loitering ordinance. The motion was seconded by Mr. Neil.
Mr. Sudler stated that was a very keen observation and statement made by Mr.
Anderson. Mr. Sudler noted that the community has called for the reactivation of
the Human Relations Commission, and he believes that something of this
magnitude needs the community’s input regarding whom they feel most
comfortable. Mr. Sudler explained this is a sensitive topic and Mr. Taylor and Mr.
Anderson have taken a lot of heat for the City of Dover.
Mr. Sudler stated that Mr. Anderson and Mr. Taylor have also taken the time and
the intelligence to listen and do their due diligence. Mr. Sudler stated that he
appreciates it and supports this initiative.
Mr. Anderson moved to refer to staff to move forward with the drafting of this
loitering ordinance. The motion was seconded by Mr. Neil and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-15 - Chapter 70 by adding Section 70-9, Nuisances, and
amending Appendix F, Fees, and Fines (Mary Ellen Gray, Director of Planning and
Inspections)
Mr. Hugg reviewed Ordinance #2022-15-Chapter 70, Section 70-9, Nuisances, and
amended Appendix F, Fees, and Fines.
Staff recommended approving the Ordinance for First Reading on October 10,
2022, at the Regular City Council Meeting.
Mr. Hare moved to approve Ordinance #2022-15 for First Reading on October
10, 2022, at the Regular City Council Meeting, as recommended by staff. The
motion was seconded by Mr. Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Discussion Loockerman Street Assessment Tour (Councilman Ralph Taylor)
Mr. Taylor reviewed the pictures in the packet under Discussion of Loockerman
Street Assessment Tour. Mr. Taylor noted the tree roots, loose bricks becoming
weapons, tripping hazards, damaged downspouts from fighting, and alley fencing
that the police cannot see through. Mr. Taylor noted that all of these are safety
hazards for the city and our citizens.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 17
Mr. Taylor stated that a decision needed to be made regarding the trees causing
damage, he suggested removing them and getting trees that are more suitable for
those locations.
Mr. Neil stated that he hoped that all of this was being shared with the Downtown
Dover Partnership (DDP) and Mosaic because it needs to happen but also be a part
of the total plan for downtown.
Mayor Christiansen pointed out that the Bond Bill gave the Downtown Dover
Partnership a lot of money that could be used now for streetscape improvements.
Mayor Christiansen stated that if DDP is going to be the true partner to the city,
then some of those monies should be made available to address some of the issues
Mr. Taylor has brought forth.
Mr. Sudler stated that one way that they could deal with the roots of the trees, would
be to shave the mature roots so that bedding could be placed for the pavers to be
placed over. Mr. Sudler noted that they also have a foaming root killer that could
be placed on the root, and it would dissolve in that area. Mr. Sudler explained that
these options would not damage a mature tree but are short-term mechanisms that
they could take to reinstall the bedding and concrete.
Mr. Anderson agreed with Mr. Neil and thanked him for his comments. Mr.
Andersons suggested they should look at different proposals and maybe look at
how downtown looks and functions to make an informed decision. Mr. Anderson
noted that they needed to decide quickly on how to proceed.
Ms. Arndt stated that she hoped that they are not setting the stage to remove the
trees, remove the brick, and put down smooth concrete. Ms. Arndt stated that she
agreed with the tripping hazards and a relative immediate need to address those
issues in terms of the tree and roots. Ms. Arndt stated that they learned a lot from
the Bradford Street project and dealing with mature street trees that are healthy
within urban environments. Ms. Arndt noted that brick sidewalks can be a
maintenance headache however they are beautiful and make our downtown unique.
Responding to Mr. Rocha, Mr. Taylor explained that the photo showed only access
to the basement. Mr. Taylor noted that it may be something they are going to have
to work around.
Ms. Tina Bradbury, DDP stated that the bond bill that was received is not for
streetscape but that it is to bring buildings up to code and get ready to be leased.
Mr. Taylor moved for adjournment of the Safety, Advisory, and
Transportation Committee, hearing no objection, the meeting adjourned at
7:26 p.m.
Mr. Sudler announced Council would take a recess and resume at 7:35 p.m.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 18
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
Mr. Hare moved to move items #2 Purchase Ground Penetrating Radar, #3
Delaware Drinking Water State Revolving Funds Applications, and #4 Aero Park
Elevated Water Tank Equipment Relocation #5 Proposed Ordinance #2022-17 –
Amending Chapter 110 – Cross Connection Control Program, Appendix F – Fees
and Fines to Consent Agenda and take one vote to approve all four items.
Mr. Anderson requested to remove Item #5 Proposed Ordinance #2022-17 –
Amending Chapter 110 – Cross Connection Control Program, Appendix F – Fees
and Fines
Mr. Hare moved to move items #2 Purchase Ground Penetrating Radar, #3
Delaware Drinking Water State Revolving Funds Applications, and #4 Aero
Park Elevated Water Tank Equipment Relocation to Consent Agenda and
take one vote to approve all three. 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 Dr. Pillsbury, and carried by a unanimous roll call.
Electric Service Handbook Revisions (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis
regarding the Electric Service Handbook Revisions.
Staff recommended approving the presented revisions to the Electric Service
Handbook.
Mr. Neil moved to recommend approving the presented revisions to the
Electric Service Handbook, as recommended by staff. The motion was
seconded by Mr. Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Purchase Ground Penetrating Radar (Jason Lyon, Director of Water Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Delaware Drinking Water State Revolving Funds Applications (Jason Lyon, Director
of Water and Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 19
Aero Park Elevated Water Tank Equipment Relocation (Jason Lyon, Director of
Water and Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Proposed Ordinance #2022-17 - Amending Chapter 110 - Cross Connection Control
Program, Appendix F - Fees and Fines (Jason Lyon, Director Water, and
Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and
analysis of Proposed Ordinance #2022-17.
Staff recommended approval of the Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting.
Mr. Lyon stated that he would like to thank Ms. Kate Mills, Water Production
Manager because this would not be in front of Council without her and that she did
a fantastic job putting this whole cross-connection control program together.
Responding to Mr. Anderson, Mr. Lyon stated that it is important to realize that for
the majority of residential customers, this will not impact them. Mr. Lyon noted that
some exceptions were in the packet, such as if you have an irrigation system that is
connected to a chemical disbursement, you must have a backflow preventer on that.
Mr. Lyon stated that if you have your pool directly connected to the water service
line, which is very, very rare, you must have a backflow preventer so that chlorine
water cannot come back in. Mr. Lyon noted that if you have reclaimed water and if
you have a fire suppression system, most residential units do not have that.
Mr. Lyon explained that these fees are primarily going to be for businesses that are
required to put in a backflow preventer because of the high hazard risk or if there
were any sort of additional concerns that we would have. Mr. Lyon explained that it
is going to be filled out in the survey, which is in the packet, and that it will be sent
out to all the businesses, then they are going to return it to us. Mr. Lyon continued to
explain that then the city is going to through them with our partner, National Water
Specialties Company (NAWSC), and provide them with direction on which way to
go.
Responding to Mayor Christiansen, Mr. Lyon confirmed backflow devices would
need to be tested annually by a licensed contractor.
Mr. Neil moved to recommend approval of Proposed Ordinance #2022-17 –
Amending Chapter 110-Cross Connection Control Program, Appendix F – Fees
and Fines for first reading at the October 10, 2022, Regular City Council
Meeting. The motion was seconded by Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Mr. Rocha moved for adjournment of the Utility Committee, hearing no
objection, the meeting adjourned at 7:43 p.m.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 20
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and
unanimously carried.
Mr. Anderson moved to move items #4 Approval of a Grant Funded Group
Violence Intervention (GVI) Crime Analyst Position and #5 Acceptance of a 1.5
Million Dollar Grant Funded Camera Expansion to Consent Agenda and take one
vote to approve both items. The motion was seconded by Mr. Hare.
Mr. Sudler stated that he has a question for Item #4 and would like it removed from
consent.
Mr. Neil moved to approve item #5 Acceptance of a 1.5 Million Dollar Grant
Funded Camera Expansion by a consent agenda. The motion was seconded by Mr.
Rocha.
Responding to Mr. Sudler, Chief Johnson stated that it is the goal to have money
left over to purchase an extended warranty agreement with Advantech to push the
city’s expenses off as long as possible. Chief Johnson stated that they may be able
to push off the maintenance of the cameras for approximately 5 years. Chief
Johnson noted that maintenance for existing cameras is roughly $65,000 -$70,000
and that there would be a modest bump from that.
Responding to Mr. Sudler, Chief Johnson stated that there are many shovel-ready
camera locations that they could opt to build. Chief Johnson stated that their goal
is to build as far as they can and leave enough funds to purchase the warranty. Chief
Johnson confirmed that once the money from the American Rescue Plan Act
(ARPA) funds is depleted the city will be responsible for the maintenance and
upkeep of the cameras.
Responding to Mr. Sudler, Chief Johnson stated that the new cameras will be an
upgrade. Chief Johnson explained that the current cameras have a fixed position
and that they are pan and tilt cameras. Chief Johnson noted that the new upgraded
cameras have fixed-position cameras that look in every direction.
Mr. Sudler stated that we currently have a lot of cameras that have appeared or have
been perceived to be not operational downtown. Mr. Sudler stated that there was a
question from the community about the location of the cameras and how did the
cameras not catch a resident jogging downtown or even the fire on Lockman Street.
Did they catch the individual who may or may not have caused the fire, just hearing
from different circumstances, why are these cameras not working? Or when people
go to ask for certain footage, why are those cameras not working?
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 21
Mr. Sudler stated that his only concern is that maybe some of the grant money that
the city is receiving, should be used to make sure that the cameras that are not
operational become operational, or at least demonstrate to the community that all
of our cameras are operating. Mr. Sudler continued by stating that they will feel
more confident in knowing that, even though this is grant money, it is still money
that is given to our constituents under the stewardship of Council to guide and direct
where it should go.
Mr. Sudler stated he likes the initiative, and the product, it looks great. I support
that, but he would be remiss if he did not echo that he wants to make sure that all
of our cameras are 100% operational for the transparency of the community and
also to make sure that we are being good stewards of our taxpayers' dollars moving
forward.
Mr. Sudler stated he is all for progression and all upgrades, but he wants to make
sure that what we have now is working and moving in a way that we can show due
diligence in all our efforts.
Responding to Mr. Sudler, Chief Johnson stated that there was a meeting a few
weeks ago to achieve what Mr. Sudler has described and learn from past failures.
Chief Johnson explained that the fiber optic network they are trying to build will
take away a lot of the wireless line of sight interruptions. Chief Johnson further
explained that a lot of the issues come from the trees blocking the line of sight and
they do much better in fall and winter once the leaves fall.
Chief Johnson stated the money that will install state-of-the-art fiber optics is in
collaboration with the in-kind contribution of the electrical department. Chief
Johnson further explained it will be to connect to upgrades and cameras that look
in every direction so that we no longer have gaps in coverage.
Chief Johnson stated that the internal infrastructure at headquarters is going to be
beefed up immensely and that it will complement the health monitoring software
that they already invested in to try and make sure that Advantech gets a notification
within 15 minutes of a detected failure so it can be addressed immediately, rather
than waiting for someone to find it the next business day. Chief Johnson explained
that they are looking in all of those zones while they were doing the planning. Chief
Johnson continued that they would like to think that they have looked at all the
contingencies that would be of concern and that think they have got them all
earmarked for resolution over the lifespan of this expansion initiative.
Responding to Mr. Rocha, Chief Johnson stated that the camera at Scarborough
Road which is in proximity to the tail line overpass will have visual cameras and
license plate reading cameras.
Mr. Ryan Kelly, Advantech, currently has license plate recognition in place
throughout the City of Dover and it is working flawlessly. Mr. Kelly explained that
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 22
each camera has a specific lane it concentrates on, so it does not have to wonder
which lane to concentrate on.
Mr. Neil moved to recommend approving Item #5 Acceptance of a 1.5 Million
Dollar Grant Funded Camera Expansion by a consent agenda. The motion
was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-08 - Amending Chapter 66 - Manufactured Homes,
Mobile Homes, and Land Lease Communities, Section 66-3 - Manufacture; Homes
and Appendix F - Fees and Fines
Mr. Neil reviewed the background and analysis regarding the Proposed Ordinance
#2022-08 and Attachment #1 – Letter to Dover City Council – Ordinance #2022-
08.
Staff recommended approving the Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting.
Responding to Mr. Taylor, Mr. Neil stated that it is a problem that the Department
of Justice has to handle because in essence, when the person leaves, even if they
take the title away with them and the community owner repossesses it for the lack
of rent, they are selling a home they have no right to sell. Mr. Neil stated that it is
not a Division of Motor Vehicles (DMV) issue at this point and that you still cannot
sell the home that you do not own. Mr. Neil explained that if you are selling the
home, saying, "Here it is, buy it. I want to collect your rent," the person cannot
resell the home. Mr. Neil continued to state that if they do not have a title, that is
against the law, and that becomes a state issue that we have to turn over. Mr. Neil
stated that if we recognize it because it is brought to our attention, then he thinks
we have to go to the Attorney General and that this is what this ordinance calls for,
to report it to the proper authorities with the state to let them deal with it. Mr. Neil
noted otherwise that the house is going to stay vacant until they can get a title, but
they cannot sell the home.
Mr. Rocha moved to recommend approving Ordinance #2022-08 for First
Reading at the October 10, 2022, Regular City Council meeting as
recommended by staff. 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 Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building
Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation
and penalties and Appendix F - Fees and Fines
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the
background and analysis regarding the Proposed Ordinance #2022-10.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 23
Staff recommended approving the Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting.
Responding to Mr. Hare, Ms. Gray stated that if this ordinance passes then it would
be a question for legal counsel if it could be retroactive. Ms. Gray stated historically
going backward, enforcement has been a question for legal counsel.
Mr. Hare suggested consulting legal counsel if this ordinance could be retroactive,
if the City can send a letter asking for fines to be paid within 90 days or if a lien
will be placed, or if they could simply reissue the fine with a letter.
Mr. Hare moved to recommend approving Ordinance #2022-10 for the First
Reading at the October 10, 2022, Regular City Council meeting as recommended
by staff. The motion was seconded by Mr. Rocha.
Ms. Arndt stated regarding Article V on page 151 of the packet, parking in a fire
lane, if the fee goes unpaid it would be a traffic violation and not tied to the
property.
Responding to Ms. Arndt, Ms. Gray stated she would look into it.
Responding to Mr. Contant, Mr. Kopp stated that Code Enforcement has a lien
spreadsheet that they update to include information such as owner information and
tax parcel id, then it will be billed through customer service. Mr. Kopp assured
Council that the process is not very time-consuming and that they have an
established process that they use for grass fines.
Responding to Mr. Hare, Ms. Gray stated that as of this morning the total amount
of unpaid fines between 2019-2021 is $605,800.
Mr. Hare stated to Mr. Hugg that each penny of the tax increase raises 370,000
dollars and that this is part of the tax increase that we need to collect.
Ms. Gray stated that the idea of this framework is that eventually, we would be
bringing in fewer fines because they feel this is kind of like a parent who threatens
to punish a child for bad behavior but never actually punishes them, that it ends up
being a hollow threat, so the bad behavior continues. Ms. Gray stated that if the
message gets out to the property owners of rental properties that there will be
consequences for this behavior, then the behavior we hope will change and the
properties will be better maintained. Mr. Gray stated that property owners and
renters will be in better compliance and that this is the goal.
Mr. Hare moved to recommend approving Ordinance #2022-10 for First
Reading at the October 10, 2022, Regular City Council meeting as
recommended by staff. The motion was seconded by Mr. Rocha and
unanimously carried.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 24
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-14 - Chapter 22- Buildings and Building Regulations,
Article X.- Rental Dwellings and Appendix F - Fees and Fines
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the
background and analysis regarding the Proposed Ordinance #2022-14.
Responding to Mr. Sudler, Ms. Gray stated that Mr. Rodriguez issued a Legal
Opinion in January 2020, indicating that he believes it is a violation of the landlord-
tenant code- 25 Del. Coded 5101. Ms. Gray stated that this code shall regulate and
determine all legal rights, remedies, and obligations of all parties and beneficiaries
of any rental agreement of a rental unit within the state whenever, wherever
executed. Any rental agreement, whether written or oral, shall be unenforceable, in
so far as the agreement or any provision thereof conflicts with any provision of this
code and is not expressly authorized herein.
Mr. Sudler suggested contacting the Division of Human Relations that oversees
HUD or contacting the board that puts together the landlord-tenant code for an
opinion.
Responding to Mr. Sudler, Ms. Gray stated that she attended the Fair Housing Act
seminars in previous positions. Tracey Harvey also attends those training and
provides background regarding that from the Delaware State Housing Authority,
they do this every five years, and they assess our entities who receive Community
Development Block Grant program money.
Ms. Gray stated that there is a report that reviews every entity on how we are doing
with fair housing and how we are implementing the Community Development
Block Grant. Ms. Gray stated that she would bring forward that report.
Mr. Anderson stated the opinion, which conflicted with the Deputy City Solicitor
who drafted the ordinance, Representative Lynn, and Mr. Peraza. Mr. Anderson
stated that to remedy that, we went through all the trouble of changing the charter
to specifically allow for the City of Dover to deal with rental issues and safe
communities. Mr. Anderson explained that the 2020 opinion does not consider the
state law which just passed and was signed on September 9, 2022. Mr. Anderson
stated that he inquired about that with Mr. Rodriguez, and he agrees that it means
that the whole opinion, not saying what the result is, but the whole opinion would
have to be revisited because the laws have changed.
Mr. Anderson stated that he did not think that this should be part of that discussion
and that we plan to put that on an Agenda in late October to give time for review,
and that this should not be part of this ordinance.
Mr. Anderson moved that the provisions regarding safe communities be stricken
and deferred for another time. The motion was seconded by Mr. Hare.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 25
Ms. Arndt stated that she is in support of striking the safe communities’ provisions
from the ordinance. Ms. Arndt agreed with the solicitor that there is a conflict with
the landlord-tenant code and the state housing position that it is a discriminatory
practice. Ms. Arndt continued that the criminal activity is outlined within the safe
community section of the ordinance. Ms. Arndt asked why that would only apply
to renters. Ms. Arndt continues that criminal activity is criminal activity and that
the way it is written, it targets renters specifically, and renters are more likely to be
people of color. Ms. Arndt stated that she believes that is the basis for the opposition
to the Fair Housing Act. Ms. Arndt stated that she would be in favor of, as written,
striking the provision from the current ordinance.
Responding to Mr. Anderson, Mr. Kopp stated that regarding the agent required,
the reason why we were striking out the family member is we have had several
problems with properties where a designated family member is on site. Mr. Kopp
explained that they are going out to a property three or four times because that
family member is a tenant and a friend. Mr. Kopp continued that the owner would
call us and be like, "Oh, hey, my brother's going to be there” and it is a tenant who
is representing the property, and then it is not brought back into compliance. Mr.
Kopp further explained that a lot of things they are discovering are, there are a lot
of life safety concerns out here, the authorized agent, who is a family member does
not get the message across to the owner, or the owner is out of state, and they cannot
get ahold of the owner or the authorized agent whom they have listed. Mr. Kopp
noted that is why we would like to require a property manager, somebody who is
in Kent County who can respond.
Mr. Kopp stated they have had several issues where, whether it is trash, a leaking
pipe, or floors caving in because they have encountered that. Mr. Kopp continued
that the owners could be in Hawaii, or let's say Afghanistan on deployment and are
trying to get ahold of this authorized agent, who is nowhere to be found or does not
exist. Mr. Kopp explained by having that agent required, is going to better assist
the tenant in the event of an emergency, or if we do find violations within the
property, the agent can better assist us to get in compliance. Mr. Kopp noted that in
their history when there is a property manager assigned to the property, a licensed
property manager, they tend to get these violations issued a lot faster or corrected a
lot faster.
Responding to Mr. Hare, Mr. Kopp stated that even though an owner leaves contact
information, it is hard to get ahold of them and for them to get compliant in
emergencies. Mr. Kopp stated that this is more geared toward emergencies. Mr.
Kopp explained that they do have several emergencies where they cannot contact
anybody and, unfortunately, they end up having to condemn the unit and displace
the tenants, and then they are out on their own because again, they cannot get ahold
of the owner.
Mr. Anderson noted that the code already stated that the authorized agent and the
family member of the individual must be in the county already.
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 26
Responding to Ms. Arndt, Ms. Gray stated that line 55 can mirror line 112 of the
ordinance to define property insurance.
Responding to Ms. Arndt, Mr. Kopp stated that it will be yearly inspections that
will take place with every new license, not renewed licenses. Mr. Kopp explained
that code enforcement already does this as a best practice and is asking it to be
placed in the code.
Ms. Arndt suggested a performance-based licensing system, where you consider
the property code, nuisance violations, and tax compliance so that landlords who
are in good standing are incentivizing them. Mr. Arndt discussed a fee reduction or
some sort of incentive package for the landlords that are doing a good job as
opposed to the landlords that are not maintaining their properties.
Mr. Neil moved to table Item #4 Proposed Ordinance #2022-14 - Chapter 22-
Buildings and Building Regulations, Article X.- Rental Dwellings and Appendix F
- Fees and Fines. The motion was seconded by Mr. Sudler.
Mr. Taylor stated we look at sections 22-333, and we were just talking about the
property manager, section A is line number 90. Mr. Taylor continued, that if we go
down to line number 99, section B, to incorporate some of that language. Mr. Taylor
explained any corporation or partnership owning a rental dwelling shall have a
designated member, partner, or employee having charged care or control of the
rental property.
Mr. Neil moved to recommend tabling Item #4 Proposed Ordinance #2022-14
- Chapter 22- Buildings and Building Regulations, Article X.- Rental
Dwellings, and Appendix F - Fees and Fines. The motion was seconded by Mr.
Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Approval of a Grant Funded Group Violence Intervention (GVI) Crime Analyst
Position (Chief Thomas Johnson, Dover Police Department
Chief Johnson yielded to questions from Council.
Staff recommended approving the grant-funded position as requested.
Mr. Sudler asked regarding the proposed new position for the GVI Crime Analyst
position, is there some statistical over workload or data indicating that the demand
of the current Crime Analysis Position that we have is being overworked or
overwhelmed?
Responding to Mr. Sudler, Chief Johnson stated the crime analyst that they have
right now is a hybrid position, he does crime analysis, but he is also the
accreditation manager, which means he's heavily involved in the development and
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Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 27
the maintenance of policy and procedure for the CALEA accreditation. Chief
Johnson noted that he handles the general policing crime analyst duties.
Chief Johnson stated that naively as a department when GVI came to us and turned
the program on, we thought that we could handle what we thought was going to be
a limited number of clients and a limited number, that we assessed as not a heavy
lift on information, not only collecting, but the big piece is the information sharing.
Chief Johnson explained that when you take into consideration under the umbrella
of the Department of Corrections, the Department of Health of Human Services,
and the other state law enforcement agencies in our federal partners, we had no idea
the amount of time this was going to burden Case Detectives in making sure that
everybody involved in GVI is on the same page, particularly when we have an event
where shots are fired and folks that have other roles to play need real-time data as
to what is going on in an investigation.
Chief Johnson stated that we started the year with him hearing, "Chief, we will be
all right, we do not need this analyst. We got this." And then by the middle of the
summer, it was, "Yeah, Chief, we were wrong. We need this analyst." Chief
Johnson stated that coincidentally, the same point of contact in the Governor's
office brought to us the camera expansion opportunity through ARPA. Chief
Johnson stated that apparently, they did not realize at the time that ARPA was being
considered as the funding source for this position by the Governor's office.
Chief Johnson stated that when they started talking about the cameras, the
spreadsheet that is in the packet had personnel at the top line that had not been there
before. However, they are merging both the camera project and the crime analyst
into the same budget from their perspective. Chief Johnson stated that from the
city’s standpoint, there is a difference between a camera expansion project and a
mid-season addition of personnel.
Chief Johnson wanted to make Council aware of the way that they have this
structured in the ask in case this money ever runs out. Chief Johnson stated that the
state intends to continue funding beyond this three-year window. Chief Johnson
continued to state that in the event, that there is some kind of philosophical change
or a barrier that makes that impossible, the way they are doing this is that Council
can turn this position off, at almost a moment's notice because it is part-time at the
maximum number of allowable hours. Chief Johnson stated that if it is Council's
pleasure at that time not to fund the position through city tax dollars that it will be
100% at the discretion of Council if it is not funded anymore by the state.
Chief Johnson noted that there is currently no money out of pocket from city dollars
to make this position start. Chief Johnson stated that if the state suddenly must step
away from it, we have no other match or obligation from that day forward to
continue. Chief Johnson noted that Council is 100% free to do as they wish at that
time.
Responding to Mr. Sudler, Chief Johnson stated that if this is denied then the case
detectives will not have as much time to do, such as major case detectives that are
Page 63
Paj 64
Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 28
in our drug, vice, and organized crime units, who are some of the lead personalities
with the GVI program. Chief Johnson noted that they are not working cases if they
are typing reports and making tons of phone calls and generating emails.
Chief Johnson stated that not only the GVI staff at the state level, but corrections,
probation, parole, health human services, anybody that is involved with a GVI
client who is sending us information, and then the information that we generate on
a GVI client that we have to share with all those other entities, that burden cannot
stop, and it is mostly a safety issue. Chief Johnson explained that a lot of the GVI,
non-law enforcement practitioners are in the field on their own, and if they do not
know in real-time that there is a conflict in progress or beef going on, then they
could be walking into something. Chief Johnson stated that they have to step up
their game to be as real-time as they can with information sharing, which is why
they are finding this position so crucial.
Mr. Sudler asked Chief Johnson if there was a process other than verbally saying
to the Chief, is there a process where they write and give a description regarding in
what areas a breakdown, so that the justification, the rationale is in black and white
on paper.
Responding to Mr. Sudler, Chief Johnson stated there is a process in place. Chief
Johnson stated that in early '21 he wanted to try and make sure he captured hourly
utilization. Chief Johnson stated that the annual report that he provided, was the
first draft of their attempting to capture the number of hours that they spend on any
particular task. Chief Johnson continued that there are categories for that
information is captured and that in some of its investigations, you could go all the
way down. How long they are taking the transport prisoners from point A to point
B? Chief Johnson explained that he is trying to build a cadre of data to justify any
further requests that he might have to bring to Council going forward in future
years. Chief Johnson noted that he does not have a specific category that discusses
hours that are involved in administrative time for GVI and that he is unsure if he
could go in reverse to get that information.
Chief Johnson stated that he is trusting Lieutenant Dickinson and the rest of the
GVI team, which includes stakeholders outside of the Dover PD, where the
consensus is. Chief Johnson noted that Wilmington ended up having to do the same
thing and that they have more than one because of the number of clients that they
have. Chief Johnson explained that they are just starting with one and that they are
starting it out in a way that has the most flexibility for them to make decisions in
the future to the pleasure of the department and Council as far as funding it.
Chief Johnson noted that he wished he had a better answer for Council President as
to the exact data that drove the request but that they are still moving towards our
first calling, which is going to bring more clients under the umbrella of GVI. Chief
Johnson continued that from then, all the things that occur from that calling date
will require top-shelf information sharing, and it is more analyst work than it is
police work.
Page 64
Paj 65
Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 29
Responding to Chief Johnson, Mr. Sudler stated that he wished he could support
this initiative, but without the data, he cannot justify approval from his perspective.
Mr. Sudler stated that he does support Dover PD, but that is his opinion, and he is
just one vote.
Mr. Hare stated that the Chief has his support and that this is something the officers
needed, they came to the chief for it, and it is not costing the City money, and he
does not see the downside of approving it.
Mr. Hare moved to recommend approving the grant-funded position as
requested by staff. The motion was seconded by Mr. Neil and passed 7 in favor
to 1 opposed (Mr. Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Boggerty, and carried by a unanimous roll call.
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee, hearing no objection, the meeting adjourned at
8:56 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection, the meeting adjourned at 8:56 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Boggerty, and carried by a unanimous roll call vote.
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JUNE 2022)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
June 30, 2022
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of June 30, 2022. The motion was seconded by Mr. Boggerty and
carried by a unanimous roll call vote.
VEHICLE REPLACEMENT PURCHASE - #622 – FORD F350
Ms. Kate Mills, Water Production Manager, reviewed the background regarding the vehicle
replacement purchase #622 – Ford F350.
Mr. Hare moved to recommend allowing staff to replace the existing Ford F350 pickup truck
#622 from Winner Ford, Cherry Hill which is through the approved cooperative purchasing
company from the Delaware State Contract in the amount of $68,440. The motion was
seconded by Mr. Rocha and unanimously carried.
FIRST READING - PROPOSED ORDINANCE #2022-13
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Page 65
Paj 66
Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 30
Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on October 10, 2022.
By Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed
Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-13 Amending Chapter 90- Solid Waste, Section 90-2 – Unlawful
Deposits
FIRST READING - PROPOSED ORDINANCE #2022-09
Council President Hare reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on October 10, 2022.
By Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed
Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-09 Amending Chapter 114 – Vegetation, Article II – Weeds,
Section 114-34 – Fines and Appendix F – Fees and Fines
Responding to Ms. Arndt, Ms. Gray explained that she has prepared language similar to
that of the vegetation ordinance regarding unpaid fines being assessed at the tax bill
annually to recoup costs and plans to insert that language into the solid waste ordinance.
REZONING REQUEST FOR PROPERTY LOCATED AT 630 WEST DIVISION STREET
- FIRST READING OF PROPOSED ORDINANCE #2021-07
A request was received to rezone property located at 630 West Division Street, consisting of
1.0853+/- acres, owned by Silver Linings Holding Corporation in the care of Solano Anderson.
The property is currently zoned C-3 (Service Commercial) subject to the COZ-1 (Corridor Overlay
Zone) and the proposed zoning is C-2A (Limited Central Commercial) subject to the COZ-1
(Corridor Overlay Zone). (Tax Parcel: ED-05-076.08-01-40.01-000. Planning Reference: Z-21-
03. Council District 4)
Before amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
Mr. Anderson moved to refer the request to the Planning Commission on October 17, 2022,
and set a public hearing for November 14, 2022, at 6:30 p.m. The motion was seconded by
Mr. Neil and unanimously carried.
By Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed
Ordinance #2021-07 as read by the City Clerk, by title only, as follows:
An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of
Dover by Changing the Zoning Designation of Property Located at 630 West
Division Street
Page 66
Paj 67
Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 31
Responding to Mr. Anderson, Ms. Gray, Director of Planning, explained that for any allowed use
that is in that zone, the applicant will return for site plan approval. Ms. Gray continued to explain
that the allowed uses in the C-2A zone include retail stores, businesses, professional offices,
personal service establishments, restaurants, hotels, places of public assembly, drive-throughs,
single-family residents, as well as apartments and multi-family dwellings and conditional uses of
parking lots and fuel pumps, accessories to or permitted use. Ms. Gray stated that any of those uses
would be allowed in the C-2A zoning district. Ms. Gray then confirmed that it is consistent with
the comprehensive plan.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Dave Hugg III, City Manager, referred to the handout 2022 Integrated Resource Plan Notice
(Exhibit #2). Mr. Hugg explained it is a 20-year planning process looking at issues of reliability,
resiliency, diversification, environmental stewardship, and fiscal responsibility. He stated they are
working with the Energy Authority, the energy management committee, and the risk management
committee. Mr. Hugg stated that they provide information to the energy authority and share in the
consideration of different options and opportunities. Mr. Hugg stated that this could include
increased reliance on renewables of various kinds or some kinds of energy efficiency other than
generation and purchase. Mr. Hugg noted that they meet monthly with the Energy Authority to
review energy prices, reliability, and the status of our generating facilities.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen announced that Friday, September 30th will be Delaware State University's
prayer breakfast and on October 1st the Dover Art League will be holding its grand reopening.
Mayor Christiansen stated that on the 5th of October, the Central Delaware Chamber of Commerce
is holding the Amazing Chase in downtown Dover. Mayor Christiansen also stated on the 6th of
October, Paint Dover will be opening up with several artists who will be painting downtown and
on October 8th all day will be Faith & Blue on The Green sponsored by Bishop Carol Harris, and
in the evening will be Octoberfest. Mayor Christiansen noted that the 9th of October will be the
Mayor's Silver Lake Regatta. Mayor Christiansen wished Council President Sudler Happy
Birthday.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Taylor, Councilman for the Second District, wished a happy Hispanic Heritage Month to all
of his Hispanic brothers and sisters and let them know he is available for a Hispanic Heritage
celebration meal if invited. Councilman Taylor also urged everyone to please trick or treat safely.
Council President Sudler thanked everyone for the birthday wishes and congratulated his wife for
Hispanic Heritage Month because she is from Puerto Rico. Council President Sudler also asked
everyone to keep Puerto Rico in their prayers.
Mr. Neil, Councilman for the Third District, wished a Happy New Year to the members of the
Jewish faith. Mr. Neil explained that it is the start of a 10-year high holy day period, which ends
on Yom Kippur, the Day of Atonement. Mr. Neil wished members of the Jewish faith a very
happy or easy fast and may they be ascribed in the Book of Life for next year.
Page 67
Paj 68
Item #2.
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 32
Mr. Anderson, Councilman for the Fourth District, announced the Police Athletic League is
holding its second annual Outrunning Childhood Cancer 5K Saturday, October 1, 2022, at 9 a.m.
at the Buffalo Wild Wings. Mr. Anderson explained that registration for the event can be done at
Trisportsevents.com. Mr. Anderson stated that it is a great cause and a good time to stay fit by
walking or running or you can support by paying the $30 and doing a no-show as a silent supporter.
Mr. Anderson also announced that there will be a Fourth District Town Hall on October 3, 2022,
at 6:00 p.m. in Council Chambers and encouraged everyone to attend. Mr. Anderson announced
that they are going to report back on some items that have been brought up before and hear any
new concerns citizens may want to share.
Mr. Boggerty, Councilman At-Large, extended condolences to the cycling community, and the
Major Taylor Cycling group for the loss during the Amish Bike Ride. Mr. Boggerty stated that
they are planning a gathering for a silent ride but that they have not set a date yet. Mr. Boggerty
stated that there will be several hundred cyclists gathering from up and down the east coast to
memorialize the individual that was tragically lost during the Amish ride. Mr. Boggerty explained
that they get emails and texts from the cycling community about delineators. Mr. Boggerty urged
everyone to be aware, be safe, and be smart to all those in the cycling community.
Council President Sudler asked to send regards to the cycling community on behalf of all of City
Council and the Mayor.
Mr. Sudler moved for adjournment of the Regular Council meeting, hearing no objection
the meeting adjourned at 8:41 p.m.
Meeting adjourned at 8:41 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 26, 2022, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-MINUTES\TEMPLATES-COUNCIL MINUTES\TEMPLATE - REGULAR CITY COUNCIL
MEETING.DOCX
Exhibits
Exhibit #1 – Electric Rate Presentation
Exhibit #2 – 2022 Integrated Resource Plan
Page 68
Paj 69
Item #2.
City of Dover
Delaware
Utility Rates &
Billing Presentation
September 26, 2022
Page 69
Paj 70
Item #2.
How does the City set their rates?
The City contracts with rate consultants to evaluate
costs of services and rate designs.
Rate studies predict future costs of service and
compare those costs with the number of customers
serviced.
There are several factors considered when setting
rates. • infrastructure costs
• capital projects
• operating costs
• maintenance costs
• fuel costs
• power purchase costs
• environmental regulations also factor into the cost due to the purchase of
renewable energy credits (RECs) and solar renewable energy credits (SRECs) Page 70
Paj 71
Item #2.
How are electric cost of services determined?
Projections are made based on market modeling for fuel
availability, generation outages, transmission charges.
The projections are compared to actual costs.
Page 71
Paj 72
Item #2.
Increase of purchase power costs
July – August 21’ vs 22’
is $3.9 million
Natural gas costs are continuing to fluctuate. Page 72
Paj 73
We aren’t alone. Many neighboring utilities are considering a raise to their rates
How are rising
Item #2.
or have already increased their utility rates due to rising costs.
purchase power
costs affecting
our neighbors?
Other utilities with increased rates
• Delaware Electric Coop
• Delmarva Power
• City of Newark
• MSC City of New Castle
• Town of Clayton
• City of Milford
• Lewes BPW
• Easton Utilities
• And many more nationwide Page 73
Paj 74
Item #2.
How & when do rates get approved?
• Utility rates are reviewed and approved through the budget process for
each servicing unit.
• Electric Rates are submitted with the electric department budget.
• Water / Wastewater rates are submitted with the water department
budget.
• Sanitation rates are submitted with the public works budget.
• The budget is submitted to council in May and set for final approval in
June.
• A combined utility billing rates tariff is submitted to council for approval
in June for rate effective dates July 1.
Page 74
Paj 75
Item #2.
• FY23’ rates were approved by council on June 13,
2022. The final budget was approved on June 27th.
• All rate changes go into effect on July 1st.
When do • What does the rate effective date mean?
It means that all that rates are effective with the
first bill date issued in July.
rates go into • Management recommendation for tariff language
effect? change.
• Current Language – Effective Date July 1, 2XXX.
• Proposed Language - bills rendered on and
after July 1, 2XXX
• Example utility using this language –
Easton Utilities, Easton Maryland.
page 47 of 66 found here:
https://eastonutilities.com/wpcontent/uploads/2020/08
/Electric-Tariff.pdf
Page 75
Paj 76
Item #2.
What rates are
included in the
rates tariff?
Page 76
Paj 77
Item #2.
• The City of Dover has over 25,000 customers.
How many utility • 3,500 Commercial
• 40 Primary and Transmission
customers does the • Over 21,000 Residential
city have? • The city currently uses an AMR metering system. AMR is
an acronym for Advance Meter Reading. Meter reads are
obtained through a mobile network using a handheld device.
Readings are then uploaded to our billing software.
How are our meters • The City has approximately 55,000-meter endpoints
read and billed? An endpoint is a remote computing device that communicates
with our meters and meter reading equipment through what
we call “radio reads”.
Can you provide • Between 2,000 – 3,000 accounts are read daily and billed
the following day. The city bills 20 days out of the month.
daily readings by • The city is unable to provide daily readings for customer
accounts due to the current meter reading equipment
account? structure.
• An AMI (Advance Meter Infrastructure) system would be
needed.
Page 77
Paj 78
Item #2.
• Customer Charge
• Purchase Power Cost Adjustment
What electric
• Electric Consumption
• Green Energy
charges will I see
• Utility Tax (commercial only)
on my bill? **note customers who have a net meters (solar) will
also see a returned consumption credit on their bills.
**Outdoor and street lighting are optional charges.
Page 78
Paj 79
Residential “R” Single Phase
Item #2.
Electric Rate
“R” – Residential – Single Phase
Customer Charge $9.42
• Demand Charge $0.00 per kW
• Energy Charge $.12090 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
• Is not billed for utility tax
Page 79
Paj 80
Small Commercial “C – C1”
Item #2.
Electric Rate
“C – C1” – Small Commercial
Customer Charge $9.28 (single phase)
Customer Charge $24.28 (Three Phase)
• Demand Charge $0.00 per kW
• Energy Charge $.10080 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• 2% or 4.25% utility tax per the State of Delaware
Division of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 80
Paj 81
Medium Commercial “C2 – C3”
Item #2.
Electric Rate
“C2 – C3” – Medium Commercial
Customer Charge $15.96 (single phase)
Customer Charge $30.96 (Three Phase)
• Demand Charge $12.85 per kW
• Energy Charge $.06390 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• 2% or 4.25% utility tax per the State of Delaware
Division of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 81
Paj 82
Large Commercial “C5”
Item #2.
Electric Rate
“C5” – Large Commercial - Single or Three Phase
Customer Charge $27.06
• Demand Charge $12.86 per kW
• Energy Charge $.06210 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• 2% or 4.25% utility tax per the State of Delaware
Division of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 82
Paj 83
Primary “P” Electric Rate
Item #2.
“P” – Primary - Single or Three Phase
Customer Charge $24.32
• Demand Charge $10.09 per kW
• Energy Charge $.06320 per kWh
• Subject to minimum bill requirements.
• Subject to Power Factor / Minimum Demand
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWh
• 2% or 4.25% utility tax per the State of Delaware Division
of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 83
Paj 84
Transmission “T” Electric Rate
Item #2.
“T” – Transmission - 69kV
Customer Charge $0.00 – Customer Owned Equipment
• Demand Charge $9.14 per kW
• Energy Charge $.05990 per kWh
• Subject to minimum bill requirements.
• Subject to Power Factor / Minimum Demand
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWh
• 2% or 4.25% utility tax per the State of Delaware Division
of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
This rate is for customers such as, Edgewell, Kraft, The Energy
Center of Dover, and White Oak Solar. Note: customers own their Page 84
equipment.
Paj 85
Item #2.
Federal Transmission “FT” Electric Rate
“FT” Rate - Federal Transmission Rate
Customer Charge $0.00
• Demand Charge $9.14 per kW
• Energy Charge $.05970 per kWh
• Subject to minimum bill requirements.
• Subject to Power Factor / Minimum Demand
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• Is not billed for utility tax
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
This rate services the Dover Air Force Base • Contract updates require 60 days notice.
Page 85
Paj 86
What changed for
Item #2.
electric rates in
2022?
• The only change for FY 23’ is the
purchase power cost adjustment.
It is billed at $.03 per kwh used.
• All other electric rates are billed at
the 7/1/2020 rate.
• Customer Charge
• Electric Consumption
• Green Energy
• Returned Consumption (solar)
• Outdoor Lighting
• State Utility Tax (commercial only)
Page 86
Paj 87
Item #2.
WHY DID THE
PURCHASE POWER
COST ADJ. CHANGE?
Due to rising costs associated with providing
sustainable and reliable power to our
customers the City of Dover Council and
Budget Committee voted to implement a $.03
per kWh charge. In the form of a purchase
power cost adjustment. This will show as a
PCA or PPA rate on your monthly statement.
Page 87
Paj 88
Item #2.
Purchase Power
Adjustment History
The purchase power adjustment charge can be dated back to the
80’s when it was billed as a fuel adjustment.
The purpose of this rate is to balance out the increases and / or
decreases in energy costs to assist with stabilizing the fluctuations
of costs the city incurs to purchase and produce power for the
city electricity customers.
The PPA can show as either a credit or a debit on your utility bill. Page 88
Paj 89
Item #2.
• The purchase power adjustment was either a credit or not billed at all
Purchase Power in rates documents on file from 2009 to present.
Adjustment History • During budget hearings for FY23 council requested that a debit charge
be used to off-set the increase in costs the city has incurred to run the
electric utility instead of implementing a real estate tax increase.
Rate Effective 7/1 Rate per kWh
2009 $ -
2010 $ (0.0028)
2011 $ (0.0086)
2012 $ -
2013 $ -
2014 $ -
2015 $ -
2016 $ -
2017 $ (0.00855)
2018 $ (0.00382)
2019 $ (0.00382)
2020 $ (0.00700)
2021 $ (0.00700)
2022 $ 0.03000
Page 89
Paj 90
Item #2.
What water & wastewater
charges will I see on my bill?
• Water & Wastewater Customer Charge
• Water Consumption
Rates based on metered water consumption
• Wastewater (sewer) Consumption
• Kent County Sewer Adjustment
• Ground Water Infiltration
**Note customers who have a lawn meter will see a
separate charge for lawn meter consumption. Lawn
meters are not billed for sewer related fees.
Page 90
Paj 91
Item #2.
Water & Wastewater Rates
Water & Wastewater Rates
Page 91
Paj 92
Item #2.
What changed for
water and
wastewater rates in
2022?
• All rates for water and wastewater rates
increased except for the KCSA fee.
• The KCSA fee is assessed by Kent
County Council.
• Our water and wastewater rates also
include outside city limit rates.
• Rates were approved to scale per the
most recent rate study by council in
2019.
Page 92
Paj 93
Item #2.
Sanitation (trash) Rates
Page 93
Paj 94
Item #2.
What changed for trash
rates in 2022?
• Trash rates increased by 6% for FY23 for all
classifications
• Trash service is offered to residential and
commercial customers located inside city
limits.
Page 94
Paj 95
How are rates advertised?
Item #2.
Sample
Page 95
Paj 96
Item #2.
How can we
help?
The city has partnered with the Help Initiative and NCALL Research to provide
citizens with the tools they need to help them work through rising costs
associated with day-to-day life.
The City will be hosting a Helping Hands Community Aid and Education Event.
Can’t make the event? Help Initiative will be providing energy conservation education along with
Contact 211.org for NCALL Research who will be demonstrating the Stand By Me Program for
education & assistance financial Education.
opportunities.
Various assistance agencies will be onsite to help customers who may need
financial assistance.
What can customer service do to help?
Payment arrangements ~ Deposit reviews ~ Account reviews ~ Program referrals Page 96
Paj 97
I have a concern Item #2.
about my bill, who CUSTOMER CONTACT
do I call? • Customer requests for payment agreements,
questions or concerns can be directed to
Customer Service at (302) 736-7035 or email
ebilling@dover.de.us.
How can I make a
PAYMENT OPTIONS AVAILABLE ARE:
payment
arrangement? • MAIL: City of Dover —PO Box 475, Dover, DE 19903
• DROP BOX: located at 5 E Reed Street, Dover, DE
• ONLINE: www.cityofdover.com
• PHONE: (302) 736-7035 Option 1
How can I pay my
NEWSLETTER
bill?
• Text keyword DOVER to 42828 to be added to our
electronic newsletter or log onto the city website at
How do I sign up for www.cityofdover.com to sign up!
the newsletter?
Page 97
Paj 98
Item #2.
Customer Service Meter Reading
Cashiers
Administration
Supervisors Billing, Tax & Back Office
Get to know our customer service team!
Our mission is to provide quality public service to our diverse group of customers with professionalism, respect, & integrity.
Together we will succeed.
Page 98
Paj 99
Item #2.
Thank you!
We value you and your time.
Thank you for reviewing our presentation.
Contact Us At:
Customer Service
ebilling@dover.de.us
Phone (302) 736-7035
Fax (302) 736-7193
City of Dover Website
Scan for
www.cityofdover.com current utility
rates
Page 99
Paj 101
Item #3.
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on August 15, 2022, at 6:02 p.m. with Council President
Sudler presiding. Council members present were Mr. Anderson, Mr. Neil, Dr. Pillsbury,
Ms. Arndt, Mr. Rocha, Mr. Taylor (Via Webex), and Mr. Hare. Mr. Boggerty was absent. Mayor
Christiansen was also present.
Council staff members present were Mr. Hugg, Ms. Gray, Ms. Bennett, and Mr. Rodriguez. Other
staff members present were Mr. Kopp.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously
carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 235-239 W. LOOCKERMAN STREET, OWNED BY SAG
HOLDINGS, LLC
A public hearing was duly advertised for this time and place to consider a violation of the
Dangerous Building Ordinance at 235-239 West Loockerman Street, Owned by SAG Holdings,
LLC.
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed a presentation depicting the condition
of the property.
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property be demolished by September 15th, 2022, by the owner or
equity owner at their own risk; 3) ordering the Building Inspector to cause the demolition of the
structure, if not completed by the owner within 10 days of the date established by City Council; 4)
ordering the City Manager, with the assistance of the City Solicitor to cause the cost of the
demolition to be charged against the land on which the building exists as a municipal lien or cause
such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to
be recovered in a suit at law against the owner.
Responding to Mr. Rocha, Mr. Kopp stated that as far as he has been informed, there is no
insurance on either building. Mr. Kopp stated that the pictures are a combination of both buildings
and that it is two parcels that are kind of minced together, but the buildings are connected
throughout. Mr. Kopp noted that he believes that the fire originated on the left side of the building.
Responding to Mr. Neil, Mr. Kopp stated that his recommendation for demolition is on or before
September 15, 2022, but this date can be determined by Council.
Responding to Ms. Arndt, Mr. Kopp stated that there were bedrooms in the basement that were
illegal, and that it violated the code for non-habitable spaces. Mr. Kopp noted that there was no
proper fire egress or amenities in the basement for them to be habitable. Mr. Kopp stated that he
has not received any correspondence from the property owners but that he had spoken with the
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attorney, who is representing the property, but other than that, no actual contracts, legal, pending
documents or pending contracts, potential sales, etc. Mr. Kopp stated that there has been no
indication from the attorney as to the path forward. Mr. Kopp noted that he has been in contact
with a broker who reached out and is trying to attempt to sell the property, but nothing is set in
stone or guaranteed.
Mr. Sudler stated that Mr. Rock, the attorney representing SAG Holdings, LLC was present via
Webex.
Responding to Mr. Rocha, Mr. Kopp stated that he believes that Mr. Rock is only representing
SAG Holdings, LLC.
Mayor Christiansen stated that he thinks it would be appropriate for him to explain the actions that
he took in issuing the executive order for this building to be demolished, after today if we did not
see anything of substance about it. Mayor Christiansen noted that there is nothing more frustrating
than people wanting to do their job and do it well. Mayor Christiansen stated that then they must
go over a bunch of hurdles and a bunch of ducking and dodging. Mayor Christiansen stated that if
Mr. Rock and his folks had been sincere in doing something definitive on this building, they would
have been in touch with our Planning and Inspections department right from the get-go when they
were first communicated with.
Mayor Christiansen stated that we have a responsibility regarding the public safety of all our
citizens across the city, but we also have a responsibility to maintain people's property rates. Mayor
Christiansen noted that he respects those rates because this country was founded on property rates.
Mayor Christiansen stated that when other people's property rates infringe on the public safety of
the citizens of our city, we must do what needs to be done.
Mayor Christiansen stated that there were illegal apartments at the bottom of that building. Mayor
Christiansen noted that he was there when they pulled out Mr. Goins, who was a fire victim. Mayor
Christiansen stated that now we have a responsibility to take definitive action here and he requests
that Council follows through on this. Mayor Christiansen stated that the citizens of this city are
looking toward us to do what is necessary and that we have committed to revitalizing our
downtown. Mayor Christiansen stated that it is in the heart of our city. Mayor Christiansen asked
how we can expect the downtown Dover partnership and the people who have supported that effort
along with the people from Mosaic, Kent County, the State of Delaware, and particularly the City
of Dover, to be committed to revitalizing our downtown if we are going to keep extending the
opportunity for that building to stand there.
Mayor Christiansen stated that they have the wherewithal and the means to take it down in the next
15 days. Mayor Christiansen stated that if we are committed to the public safety of our citizens, as
he knows everyone is, committed to the revitalization of our downtown efforts, and committed to
the efforts of our Fire Marshals and Inspections department, then this building needs to come
down. Mayor Christiansen stated that this will send a message to the other folks that have
dangerous buildings in our community that we are coming after them next.
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Mr. Hare stated that he has heard, the building is structurally sound. Mr. Hare stated that his one
thought would be because the owner's not doing squat and was not doing squat until he heard about
this, have the city hire a contractor to go in there and gut the building, and clean the building out
completely. Mr. Hare noted that he does not care what it costs because then we can put that cost
against the building. Mr. Hare noted that there might even be some people other than those whom
they have talked to that are interested in the building
Responding to Mr. Hare, City Solicitor Mr. Rodriguez stated that he does not think they are talking
about a criminal charge at this point, but to answer his question, he would say it would not be a
criminal charge. Mr. Rodriguez stated that we are talking about civil liability, which could well
transpire, if somebody was seriously injured or died because of the condition of the building, it
would be a civil suit against the owner as opposed to a criminal action.
Mayor Christiansen stated that he appreciates Mr. Hare’s questions and concerns and that he thinks
that is something that the Williams family will probably take up. Mayor Christiansen stated that
he would once again, reiterate to Council that the owner has been given time and that they were
given notice early in the month by executive order. Mayor Christiansen stated that he wishes
Council would follow through on that and that on the 30th of this month if they have taken no
definitive action, for the city to proceed in taking that building down and place a lien on the
property. Mayor Christiansen noted that if they have a buyer for that property, the cost can be
rolled into the price of the sale. Mayor Christiansen stated that if the city is committed to the public
safety of our citizens, then they must be the voice of those who have no voice. Mayor Christiansen
noted that Mr. Goins has no voice anymore because he is not with us and that the city needs to do
the right thing.
Responding to Mr. Taylor, Mr. Sudler stated that he does not believe that the city has received
anything in writing. Mr. Sudler noted that he could be wrong, but that he does not think the city
has taken any bids to demolish the unit.
Responding to Mr. Taylor, Mr. Kopp stated that a project this size would require a sealed bid. The
only way to go around the sealed bid is for the Mayor and City Manager to make an exception to
the purchasing policy, to change it from a sealed bid to a regular bid. Mr. Kopp stated that for a
project this size, he would recommend at least doing a bid that way we can get the correct qualified
contractors involved in this project. Mr. Kopp stated that in addition to the cost of demolition, the
city must consider the asbestos survey, which is going to be another added expense and due to the
condition of the building, it could be removed as it is demolished. Mr. Kopp noted that it means
as they are taking the building down, they would be removing the asbestos, which could also be
an extra added expense.
Mr. Taylor stated that he agrees that these things need to be done but that he is just not sure 15
days is the timeline they should use. Mr. Taylor stated that he is concerned that we are going to
make a move and taxpayers are going to be stuck with the cost with no repercussions to the owner.
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Mr. Taylor stated that if the city has something in place where the owner of the building is going
to incur those costs, he would be more apt to support the 15-day timeline.
Responding to Mr. Taylor, Mr. Kopp stated that the sealed bid could take anywhere from four,
eight, or twelve weeks. Mr. Kopp stated that there is a process and that it must go into the paper,
it must be sent out, etc. Mr. Kopp stated that it is a lengthy process for the sealed bid. Mr. Kopp
stated that the 15 days does not necessarily mean the building comes down. Mr. Kopp noted that
is the date that the building must be demolished and if not, then the city will start the process of
demolition.
Responding to Mr. Taylor, Mr. Kopp stated that in 15 days, if the building is not demolished, if
that is what Council decides to do, he will have to post a 10-day notice to vacate the property.
Mr. Kopp noted that those 10 days are added to the 15 days. Mr. Kopp explained that the reason
for that is for anybody who has any personal effects in the building, they can remove them from
the building. Mr. Kopp noted that from there they will start the city’s process and that is the
standard procedure for all dangerous buildings, not just for this building.
Responding to Mr. Taylor, Mr. Kopp stated that a part of the bid process that he has written into
the bid is that the contractors are responsible for creating a traffic plan because the city is aware
that we will have to shut down roads. Mr. Kopp noted that the contractor will be responsible for
the traffic plan and minimizing the effect on traffic. Mr. Kopp stated that without bidding this out
and having plans in front of us, he cannot give a strong number as to how long it is going to take,
to demolish 235-239 West Loockerman Street.
Responding to Mr. Taylor, Mr. Kopp stated that one of the other things that he wanted to mention,
when we go to demolish this building, we must take into consideration the building that stands
next to it. Mr. Kopp noted that there are about six inches in between the two buildings. Mr. Kopp
stated that the city may have to underpin the buildings next to it, which will also be an additional
cost. Mr. Kopp stated that they both have basements and that is a concern that we need to consider
as we move forward with this.
Responding to Mr. Anderson, Mr. Kopp stated that the first notice was sent on July 1, 2022. Mr.
Kopp stated that Mr. Anderson is correct in stating that there has been no attempt to pull permits
according to the package. Mr. Kopp stated that Mr. Anderson is correct, they sent out certified
letters, the attorneys responded, and they have not received information back or even provide
information to us, and the first notice gave them till August 4, 2022. Mr. Kopp noted there was a
weekend within the timeline and that is why it was a little bit more than 30 days.
Responding to Mr. Anderson, Mr. Kopp stated that he is correct this was treated as a regular
dangerous building, not an emergency case, which is why a first notice went out. Mr. Kopp noted
that if this was treated as an emergency case from the jump, there would have not been the first
notice, it would have just been a notice of counsel hearing. Mr. Kopp stated that is the only
difference and that we gave them the extra time with the first notice. Mr. Kopp stated that even if
it was not necessarily demolished, there would be permits on file to correct the building. Mr. Kopp
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stated either they are going to start the demolition process or start at least getting a rough permit
to start correcting the violations. Mr. Kopp noted that Mr. Anderson is correct the action form has
in there that it is within 30 days.
Mr. Anderson stated that he just wanted to establish that for the record before the public hearing
because not everyone in the public will have seen the packet and its contents. Mr. Anderson stated
that this has been many months and Mr. Kopp has been doing his job and sending different notices.
Mr. Anderson thanked Mr. Kopp for that, and he wants to thank him for the work that has been
done and for following the process.
Mr. Hare stated that Code Enforcement has done it by the book. Mr. Hare stated that it is like any
other vacant building that we have had, where we do not hear anything for five months and we go
through all the procedures, then suddenly, the attorney brings forward plans from the owner.
Mr. Hare stated that nothing was said until we said we are going to act. So, by the time we get the
bids in and everything, it is not going to be demolished in 15 days. We know that. We must do the
bids and it is probably going to take at least four to six weeks to get the bids. Mr. Hare stated that
their attorney said they needed four to eight weeks. So, he's got four to six weeks to come back to
the city with a plan that says, "Here it is. We are going to implement it." And we can tell him,
"Fine. You got 30 days to implement it."
Mr. Hare stated let us see what happens, let’s make it go forward, and if it does not, they are on a
deadline. Mr. Hare noted that if it does not happen by that date, then we do what we need to do.
They cannot say we skirted anything or did anything wrong.
Responding to Mr. Rocha, Mr. Kopp stated that for any salvageable, personal effects, we can assist
with ensuring that they get the stuff out safely. Mr. Kopp noted that there is not much in there that
you could get, but legally, we must post that notice to protect ourselves and make sure we are
giving them that option. Mr. Kopp stated that he thinks that most personal effects that are in there
have been removed or destroyed. Mr. Kopp noted that it is part of the process, and we would follow
that process.
Mayor Christiansen stated that Mr. Kopp brought to Council’s attention, the City Manager has the
option of not going through the bid process, which would expedite the demolition of this building
and take an unsafe building down. Mayor Christiansen noted that if Council waves that to the City
Manager, he can seek out a reputable, inexpensive route for us to go rather quickly. Mayor
Christiansen stated that maybe this will continue to get the folks that own this property’s attention.
Mayor Christiansen stated that we do not need that eyesore downtown, it needs to go. Mayor
Christiansen stated that it is a traumatic memory for the folks that lost Mr. Whims in that fire.
Mayor Christiansen stated that it is detracting from our downtown and is a hazard to the people
that live in and around the building.
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Mayor Christiansen stated that we have had calls for people who have taken the boards off the
building and who have gone inside to habitat the building, and to get out of the weather.
Mayor Christiansen noted that it is a jeopardy to the citizens around the building and it is a jeopardy
to the police department, the fire department, and Emergency Medical Services (EMS), which
might be called back there at any given time to render services for the citizens that live near there.
Mayor Christiansen stated that we also have a responsibility to the gentleman that opened a
business behind that facility. Mayor Christiansen noted that it is chasing his business away and
that he is concerned about that. Mayor Christiansen stated that it also is of concern to the other
neighbors, one of them is a company that is planning some major renovations to the old Simon
property. Mayor Christiansen stated that it causes great concern to them because it is devaluing
their property and their plans. Mayor Christiansen stated that he would ask Council to, in your
wisdom, waive the bid process to the City Manager. Mayor Christiansen noted that the Council
expressed their trust and reliance on his ability to get things done and that he thinks we need to
take this building down sooner rather than later.
Responding to Mr. Sudler, Mr. Kopp stated that he believes there are a couple of contractors that
have done some bigger projects in the city, that we could reach out to.
Mr. Sudler stated that this is very complex, and a lot of very valid points were made. Mr. Sudler
stated that as a contractor himself, who has demoed houses and trailers, an asbestos report is going
to run at least two to three weeks just to get the report back, and then you can move forward. Mr.
Sudler stated that he does believe that this does serve as urgency and that we do appreciate your
due diligence, your hard work, and the effort that you put forth, and that we do support you and
your staff.
Mr. Sudler declared the public hearing open.
Ms. Tina Bradbury, Downtown Dover Partnership, stated they have a mixed review for the
property. Ms. Bradbury stated they are in favor of something being done with the property for the
safety of the residents and the view of the downtown, as we are trying to revitalize it. Ms. Bradbury
stated that they appreciate and respect all the concerns for the safety and for the family that must
endure looking at that building. Ms. Bradbury noted that they are working diligently with the
broker and with Code Enforcement. Ms. Bradbury stated that to her understanding, there has not
been an actual written structural engineering report.
Responding to Ms. Bradbury, Mr. Kopp stated that is correct.
Ms. Bradbury stated that it is making it challenging to get a buyer to want to come forward and do
something with the property because they must endure the cost of a structural engineer report. Ms.
Bradbury noted that to repair the building, they would like to keep the structural integrity of the
building going forward. Ms. Bradbury stated that they have had some calls, regarding the historical
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component and that would come before the Historic Commission. Ms. Bradbury stated that they
also have had some concerns from their factor if the rehab goes through after a demo and if there
is going to be any brownfield remediation from the property. Ms. Bradbury stated that if it happens,
a buyer coming forward would have to endure that cost. Ms. Bradbury stated that if it is not our
agency or the community for the city to go forward, they would have to endure those costs for the
remediation.
Ms. Bradbury continued by stating that the only intention that she would ask from Council, is that
they look at, if you do go forward in demoing the property, that it does become a gated area just
for the simple fact of that street does have some nuisance concerns for the businesses that are trying
to actively be in business there. Ms. Bradbury stated that if they do something, gate it or place a
wall that they can beautify with banners or something to that effect.
Ms. Bradbury stated that they ask that there could potentially be some stay order, that if they get a
buyer to come forward, they would be able to approach Council with this active buyer and have
them look at what their plans are, as we are working diligently to find somebody. Ms. Bradbury
stated also with the rehab costs if you take it down completely, they will have to go through a large
project with the DSHA, Delaware State Housing Authority, and then that would also consume
some time for them because they must go on the waitlist to apply and then there is no guarantee
that they would receive funding for a large project. Ms. Bradbury stated that their main goal is the
revitalization of the downtown.
Mr. Patrick Rock, SAG Holdings, stated that he just wants to express some remorse for the things
that he has heard. Mr. Rock stated that nothing they have heard has been true thus far. Mr. Rock
noted the day after the fire happened, he met with the tenants and tried to work with them to get
what they needed out of the building. Mr. Rock stated that they hired some staff to come down
and watch over the opening and closing, to make sure they can get in and out safely. We reached
out to brokers and contractors to get us a quote on rehabbing the building. Mr. Rock stated that
contractors have given us quotes that are substantial and that they received a quote for demolishing
the building, which was over $200,000.
Mr. Rock stated that nothing is happening, and he can certainly understand Council’s frustration.
Mr. Rock noted that there has been a fair amount of effort and work to try to bring information
together and get it done.
Mr. Kopp stated since the structural engineering report came up, there was not a structural
engineering report per se done. Mr. Kopp noted that there was a quick walkthrough to deem the
building safe enough to open the streets. Mr. Kopp stated to clarify, there is no actual structural
engineering report that is on file, there was just enough to open the streets that day.
Responding to Mr. Sudler, Mr. Kopp stated that the big difference is it is an email versus an actual
full report with pictures and recommendations on what needs to be done to fix it. Mr. Kopp stated
that a full structural engineering report not only has the pictures that identify the concerns but the
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plan of action to correct them or the recommended plan of action, versus stating the building is
safe to open the streets. Mr. Kopp noted that there is a big difference between the two. Mr. Kopp
stated that he does not believe it was put in the violation letter to require a structural engineering
report. Mr. Kopp thinks that would have come when they applied for a permit.
Responding to Mr. Rocha, Mr. Kopp stated that no, the Fire Marshals are the ones who reached
out to have the structural engineer come out and give the okay because they are the experts on it.
Mr. Kopp stated that they can identify a problem, but they are not the experts to say, "Hey, this is
structurally sound." Mr. Kopp noted the code allows us to require or demand a structural
engineering report from an expert. Mr. Kopp stated that Mr. Rocha is correct and that as of right
now, we do not know the status of the structure of the building.
Responding to Mr. Rocha, Ms. Bradbury stated that as part of their mission, they are always
looking to keep the historical integrity of a building. Ms. Bradbury noted that the building, from
her understanding, does have some historical components. Ms. Bradbury stated that she does not
know if the Historic Commission has any weigh-in on that, but they had concerned people bringing
it to us.
Mr. Hare stated if a certified structural engineer comes back and says the building is not safe, then
everything we have said tonight is a moot issue, and then we need to tear the thing down. Mr. Hare
stated that we do need to know that and that he does not care whom you have got looking through
the building if it is not structurally sound, then it does not matter.
Mr. Neil stated that he would like to make a motion, but in terms of the building, you can continue
the integrity or the look of the downtown area, with anything new that goes up, you can maintain
that and that it is part of the design in the architectural display, that they are going to do. Mr. Neil
stated that he is going to move for staff recommendations and to change the date for the demolition
to August 30, 2022, simply because that puts a line in the sand and then whatever takes place from
there. Mr. Neil stated that his motion includes the City Manager is to negotiate a demolition
because of the contract since it is a dangerous building at this time.
Mr. Neil stated that the staff recommendation is changing the date for the demolition to August
30, 2022, with the City Manager executing and negotiating a contract for the demolition of the
building.
Mr. Anderson stated that he would like to second the motion, but before he seconds it, he
recommends that the last part be said to allow the City Manager to waive the sealed bid purchasing
requirements due to the dangerous building situation.
Madam Clerk Bennett stated the motion, ordering the property be demolished by August 30, 2022,
with the city manager waiving the sealed bid purchasing requirements to execute the contract for
demolition or repair.
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Mr. Hare stated that he is just mixed on this because he cannot see tearing down a building if it is
structurally sound and someone could buy it and redo it. Mr. Hare stated that he can see going in
there, gutting the building, getting all the garbage out of it, and adding that to the charges against
the building.
Mayor Christiansen stated that he is not a structural engineer, but he was at the fire when it
occurred. Mayor Christiansen stated that anytime that you see fire coming through the mortar on
a building, it tends to signal to somebody, and one of our Assistant Chiefs is here, who will bear
me out on this, that building has some structural damage. Mayor Christiansen stated that they said
that it could not fall into the street. Mayor Christiansen noted that it has the potential to fall into
the street. Mayor Christiansen stated that he is not an engineer, but he thought he should share that
with Council.
Ms. Bradbury stated that a concern has been brought by the partnering businesses that if the city
goes forward with the full-on demo, will they be assuming the liability for any damage to their
building, or would they have to endure talking to their insurance carriers and getting demoing
insurance for their buildings, as well.
Responding to Ms. Bradbury, Mr. Kopp stated that when they go to bid this out to any contractor
and then select a contract, the contractor is responsible for any damage to surrounding buildings,
sidewalks, public streets, and so on. Mr. Kopp stated that it is a part of the contract that they sign
before they are awarded the project, so any damage that would occur is the responsibility of the
contractor. Mr. Kopp noted that in the event there are damages, the city must repair them, then the
city will file suit against the contractor to reclaim the money.
Responding to Mr. Rocha, Mr. Kopp stated that the roof of the building is nonexistent, it was burnt
through.
Responding to Mr. Anderson, Mr. Kopp stated that he is correct and that the building is well-
secured. Mr. Kopp stated that everything that is left in there is pretty much rubble and debris, so
there is not much that is going to blow out. Mr. Kopp noted that they were in there inspecting a
couple of weeks ago and it was still wet inside, so it is not like anything is going to blow out, even
if they get a nice wind. Mr. Kopp stated that there is wood around the building and every opening
that can be secured is secured.
Responding to Mr. Anderson, Mr. Kopp stated that in almost every dangerous building they
present, there is not a structural engineering report, unless the determination is to fix it, then that
is the only time a structural engineering report would be obtained. Mr. Kopp stated that Mr.
Anderson is correct in saying that it is safe to say at this point with no correspondence from the
owner indicating a plan of action or corrective action, the structural engineer report, does not have
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to be taken into consideration, because it is something they would have been able to provide if
they had a plan of action to do corrective action.
There being no one else present wishing to speak, Mr. Sudler declared the public hearing closed.
Mr. Neil moved for approval of the staff’s recommendation, ordering the property
demolished by August 30th, with the city manager waiving the sealed bid purchasing
requirements to execute the contract for demolition or repair. The motion was seconded by
Mr. Anderson and carried by a unanimous roll call vote (Mr. Boggerty was absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 207 N. WEST STREET, OWNED BY JALISA N.
GOLDSBORO.
A public hearing was duly advertised for this time and place to consider a violation of the
Dangerous Building Ordinance at 207 N. West Street, Owned by Jalisa N. Goldsboro.
Mr. Kopp, Chief Code Enforcement Officer, reviewed a presentation depicting the condition of
the property.
Mr. Kopp provided a timeline of the notifications that were sent to the property owner and current
fees. Mr. Kopp stated that the violations are condemnation, obtaining a building permit, painting
exterior surfaces, replacing the roof, replacing broken windowpanes, repairing exterior stairs,
removing high grass in the overgrowth, removing junk and debris, and then repairing and removing
the accessory structure, which is the shed located in the rear of the property. Mr. Kopp stated that
the reason why they responded out there was that it is a continued nuisance property. Mr. Kopp
noted that as Council can see, the picture is of the water heater that we discovered was toppled
over, creating the water to drain. Mr. Kopp noted that he does believe this happened Sunday and
then they found it on Monday while doing their inspection once they realized the wood was ripped
off the door again. Mr. Kopp stated that these are some of the things that they were encountering
with the property, which is why there are so many inspections at that property. Mr. Kopp stated
that on several occasions, they have responded out there and resecured the property. Mr. Kopp
noted that the reason why the police had been out there 10 times, is because they called the police
to secure it because it was a continued problem and for their safety, they were concerned about
going in there. Mr. Kopp stated that at one point when they went to go inspect the property, they
smelled the odor of gas and found that the burner was left on the stove in the downstairs apartment.
Mr. Kopp stated that they then called Chesapeake Utilities to seal off the gas and remove the meter,
which they did. Mr. Kopp noted that they capped it off to prevent any kind of catastrophe there.
Mr. Kopp stated that they did contact the City of Dover Water Department to come and remove
the water meter to prevent the water damage so that they could do their part in trying to prevent
damage throughout the property. Mr. Kopp stated that they ended up securing this property, he
believes, a total of five times. Mr. Kopp stated that there are more outstanding fees, he just has not
received the invoices yet, because we had to hire a contractor to secure the property, so there are
more outstanding fees for the cost of securing the property. Mr. Kopp noted that he has not
received the invoices from ServPro. Mr. Kopp stated that the property is unfit for human habitation,
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light, air, and sanitation. Mr. Kopp noted that the fire escape that is seen in the picture, is
crumbling, so when we had PD go up to the second floor, we made sure they went one at a time
because you could feel the stairs, they were in disrepair.
Mr. Kopp stated that regarding the fire escapes, loose parts, general welfare code violations, and
unoccupied buildings, this building was initially condemned back in April. Mr. Kopp noted that
the reason why every window is boarded is that every window in the house is smashed out.
Mr. Kopp stated that whether it was by rocks, bats, or something, they are all destroyed, they were
all smashed out. Mr. Kopp stated that he does not know if Council saw in some of the pictures,
there was trash that was out in the front yard, it lay there for several weeks. Mr. Kopp noted that
they contacted sanitation to come out and collect the trash cans to try to prevent some of the trash
from being out there. Mr. Kopp stated that overall, this is probably the most nuisance property, he
has in the city right now under condemnation.
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by September 15, 2022, by the owner or equity
owner at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures
if not completed by the owner within 10 days of the date established by Council; 4) ordering the
City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at
law against the owner.
Mr. Sudler stated that the public hearing was now open.
Jalisa Goldsboro, property owner of 207 North West Street in Dover, Delaware. Ms. Goldsboro
thanked Council for the opportunity to be able to speak this evening. Ms. Goldsboro stated that
there are a few documents that she has provided to the staff to be able to review, just to be as
transparent as possible. Ms. Goldsboro apologized for my ignorance, she is not used to these kinds
of settings, and she said that she will try her best.
Ms. Goldsboro, the property owner of 207 North West Street, reviewed a presentation depicting
the condition of the property.
Ms. Goldsboro stated that the first document that is included, is the deed for the property. Ms.
Goldsboro stated that this is a property that she inherited from her late mother. Ms. Goldsboro
noted that the process took about 11 to 12 months to get the property solely in her name. Ms.
Goldsboro noted that she did attach a copy of the deed that was signed, she believes it was March
the 18th or 19th and recorded on April the 1st, so within weeks of her even getting the property, it
was considered condemned. Ms. Goldsboro stated that she does want to give the timeframe that
she has been working with.
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Item #3.
SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 12
Ms. Goldsboro stated these were the photos of the interior before anything was done, and then the
next is the photos of the interior after. Ms. Goldsboro stated that the place has been completely
gutted since then. Ms. Goldsboro stated that the integrity of the building is structurally sound. Ms.
Goldsboro noted that next week, she has an appointment with a structural engineer. Ms. Goldsboro
stated that they are going to be coming out to look at the property and generate a report. Ms.
Goldsboro stated that as she said, I'm trying to be as transparent as possible with you. Ms.
Goldsboro stated that she will be able to provide it to the City of Dover Inspections Department,
if necessary. Ms. Goldsboro stated that she has an email, so she does have it in writing that they
are going to be coming out on August 23rd to go ahead and look at the property.
Ms. Goldsboro stated that she has some pictures of the exterior before and after. M.s Goldsboro
noted that there was a brush removed, and grass and that Council can see a difference between the
two. Ms. Goldsboro noted that the next document is going to be a violation form. Ms. Goldsboro
stated that as Mr. Kopp said, there has been intentional damage done to the property but not her
fault. Ms. Goldsboro noted that she does not reside here in Delaware. Ms. Goldsboro stated that
however, she did go ahead and file a police report for the person that did this damage, and there
will be actions taken if they are to go back to the property.
Ms. Goldsboro stated that the next document is the insurance policy showing the property is
currently insured. Ms. Goldsboro stated she included an equity application that showed the date as
March 20th. Ms. Goldsboro noted that immediately upon her going ahead and signing the deed for
the property, she completed an application to tap into the equity of the home to be able to make
any renovations. Ms. Goldsboro stated that she wanted to show she was approved, had her rate,
and everything was in place. Ms. Goldsboro stated that however, once they went out to do their
inspection, a couple of weeks later, the damage was done. Ms. Goldsboro stated that it was an
issue with the exterior, so they were not able to fund it. Ms. Goldsboro stated that however, her
plan remains to do this, she will have to just come out of pocket to take care of anything exteriorly,
and the bank will still fund the home equity line of credit.
Responding to Mr. Sudler, Ms. Goldsboro stated that she does not live here. Ms. Goldsboro stated
that primarily, she is the point of contact. Ms. Goldsboro stated that however, she does have a
family friend, Mr. Bruce Ayres who has been a good support and a good point of contact as well.
Ms. Goldsboro stated he does not live too far from the property and can take care of anything if
anyone needs to get in and look or if Council were to need anyone locally.
Mr. Bruce Ayres stated that he is a resident of Dover on North State Street. Mr. Ayres stated that
Nicole is a good friend of his daughter's and when she bought this to his attention, he could do
some actions immediately, something that wouldn't be in violation, and they did not do anything
structurally. Mr. Ayers stated that they went in and cleaned up the property in a matter of a couple
of days. Mr. Ayers noted that they went back this past weekend to remove, even more of the debris
that is on the fence and cleaned that thing up. Mr. Ayers stated that they had a contractor and that
he thinks that Ms. Goldsboro has an estimate of some of the things that can be done to the property.
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Item #3.
SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 13
Mr. Ayers stated that this is for the external and that it will allow her to seek funding to enhance
the property in its totality. Mr. Ayers stated that he thinks it is going to be a nice property.
Mr. Ayers stated that they have talked about the location and how the property lines up on that
block. Mr. Ayers noted that it is next door to a church, a vibrant business, Teal Construction, across
the street, and then you have the former recycle center. Mr. Ayers stated that regarding the property
itself, he thinks that if you go past there now versus two weeks ago, they have done quite a bit of
stuff. Mr. Ayers stated that Ms. Goldsboro has documents that she has funded and that she has
paid for all the debris to be removed. Mr. Ayers stated that he thinks they made about five or six
trips to the dump so far and that they gutted the house.
Mr. Ayers stated that the house is not gutted, but regarding the stuff that code enforcement has
seen, a lot of that stuff has been taken care of. Mr. Ayers stated that it is just unfortunate that
Ms. Goldsboro is in this situation, having lost her mother, and then the process of going through
this. Mr. Ayers stated that the home is something that he thinks Ms. Goldsboro wants to hold onto,
it was her mother's house and her grandfather's house.
Responding to Mr. Rocha, Mr. Kopp stated that he went by there this afternoon. Mr. Kopp stated
that regarding just the exterior of the property, it was in the same condition as the photos. Mr.
Kopp noted that besides some vegetation being removed, it is still in the same condition and the
windows are boarded. Mr. Kopp stated that they did not go inside because they did not have a
reason to and that it was properly secured. Mr. Kopp noted that the only thing that he did notice
was the placards were removed from the door, and they had roped off the staircase due to it being
dangerous. Mr. Kopp stated that the barrier that they put up, was just tape, but that it was also
removed, so the stairs are now exposed.
Responding to Mr. Rocha, Mr. Kopp stated that on several occasions, somebody did enter inside,
they did reach out to the homeowner with the police present and she declined prosecution when
the person was found inside. Mr. Kopp noted that in addition to that when it came down to the
boarding, they reached out to the homeowner, and, they had to pay the cost of boarding because it
was not done by the homeowner. Mr. Kopp stated that he wanted to make sure that was put on the
record.
Responding to Mr. Rocha, Mr. Kopp stated that Mr. Rocha is correct and that they have been in
contact with the homeowner, as well as the police because when they would find the occupants
inside, the police would contact the homeowner as well because we had her phone number, and
we would let her know what was going on with the property. Mr. Kopp stated that they would call
Ms. Goldsboro and say "Hey, we are here. This is going on and this is going on." Mr. Kopp noted
they have been in constant communication with the homeowner to make her aware of the issues
going on with the property, what they are seeing, and what they are concerned with.
Responding to Mr. Rocha, Mr. Kopp stated that the homeowner told him she was applying for a
line of credit to renovate the building, but that they go by results and not what somebody says.
Mr. Kopp stated that unfortunately, in his opinion, nothing was being done on the property.
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Item #3.
SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 14
Mr. Kopp noted that it was a danger, which is why they took immediate action to correct securing
the gas line, securing the water, securing the windows, because there was glass laying everywhere
and it was very easy for somebody to get cut just walking by the window. Mr. Kopp stated that is
why we took the precautions to correct that, and she was aware of every step that we did. Mr. Kopp
stated that they secured the gas, secured the water, secured the windows and that she was aware of
that.
Responding to Mr. Rocha, Mr. Kopp stated that Mr. Rocha was correct that the cost of securing
the building, was not included in the fines that are levied on the PowerPoint. Mr. Kopp stated that
he did know at one point it was over about $1,000 to secure the building, which had been removed.
Mr. Kopp stated that then they had to call ServPro out again to re-secure the building and that
unfortunately, he thinks one of the times it was after hours because we found it so late in the day,
so there was the after-hours charge on there. Mr. Kopp noted that regarding the condition of the
building, in his opinion, it is not safe for anybody to be in there. Mr. Kopp stated it was in complete
disrepair, which is why they took the added precaution to make sure it was secured.
Responding to Mr. Rocha, Mr. Kopp stated that nothing has been paid to his knowledge. Mr. Kopp
stated that they did reach out to the homeowner and allow her to have it secured. Mr. Kopp stated
that they told her they use ServPro because that is whom they were going to call anyway, and that
was not paid. Mr. Kopp noted that ended up being invoiced to the city. Mr. Kopp stated that the
way the invoices work is that once they get around to sending them, the city will process them and
then they will go over to customer service. Mr. Kopp stated that he does not believe she has been
billed at this time, because of the way they do it. Mr. Kopp noted that for them as opposed to code
enforcement fines, he can just look in there and that for any invoices that we process, we will
process and transfer to customer service because it will go on the tax bill. Mr. Kopp stated that he
does not think it has been billed at this moment and that it could take a little bit of time to bill.
Responding to Mr. Rocha, Mr. Kopp stated that Mr. Rocha is correct in saying that the city
followed the standard procedure throughout the whole thing.
Responding to Mr. Rocha, Ms. Goldsboro stated that she does want to state that they did not finish
going through all the documents that she has. Ms. Goldsboro stated that she did go ahead and
include a quote that she has from a contractor to go ahead and get started on the property.
Ms. Goldsboro stated that first, I would need to get a City of Dover business license and get a
permit. Ms. Goldsboro stated that she could not give the go-ahead on any of that because she will
have to get approval from the City to do that, and then they can move forward. Ms. Goldsboro
stated that the contractor must get a City of Dover Building Permit, and a business license that can
be issued over the counter at the time they applied for the permit.
Responding to Mr. Sudler, Ms. Goldsboro stated that the estimate of $36,789, was just for the
exterior and that the estimate has line by line all the work that would be done. Ms. Goldsboro
stated that she does not have an estimate for the interior and that it was just the exterior that she
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Item #3.
SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 15
was focusing on it as of right now because she would pay out of pocket for that and then go back
to the bank to get the home equity line of credit to go ahead and move forward with the interior.
Mr. Hare stated that he has something he has to be at, but that he just wanted to say that he thinks
there is a sincere effort here on the part of this young lady to do something. Mr. Hare stated that
he would be in favor of maybe tabling this for 60 days and then going to enforcement, bringing it
back in 60 days, and then if it needs to come back to see what's going on from there.
Mr. Hare made a motion to table this for 60 days and then re-evaluate.
Mr. Sudler seconded the motion. Mr. Sudler stated that the motion was properly moved by
Councilman Hare to table the underlined item for 60 days, for a review at that time with Code
Enforcement and the property owner.
Mr. Neil stated that he wants to bring up two points. Mr. Neil stated that when her parents were
living there and when she had a tenant there, that gave that community, that part of that street,
stability. Mr. Neil stated that if she is going to use this for an investment property, then he is going
to state right now that they are watching because she must be able to take care of it. Mr. Neil stated
that if this gentleman is going out of his way, then he is going to have the responsibility to make
sure that those people there are taking care of the property and taking care of the neighborhood.
Mr. Neil stated that it is not part of this discussion, but it is a discussion that they are going to have
to have with Council.
Mr. Neil stated that the record number of 28 inspections and the number of visits by the police
department are paid for by the taxpayers. Mr. Neil stated that she is not paying for that and that he
is suggesting that they look at this record and figure out how much it costs for our code inspectors
to go out, and how much it costs each time the police must come into a building. Mr. Neil stated
that he thinks at that point, we must raise those rates and as we sit in the appeals, and construction
appeals, this has been brought up. Mr. Neil stated that it is going to cost money, so make sure that
what you are doing is going to be with someone watching over you, because we are going to collect
for every time that we must have a code inspector that we pay for, that the taxpayers pay for, go
out and do it. Mr. Neil stated that we have too many people who come in and use properties here
for investment purposes and do not have the responsibility that they have as members of this
Council to maintain the quality of the neighborhoods. Mr. Neil noted that we want that
neighborhood, as well as State Street, to be safe properties.
Mr. Sudler stated that he would just like to say for the record when the City’s Code Enforcement
officers go out, it is paid by the taxpayers. Mr. Sudler stated that he says this because we must
have a unified voice on this matter, and they are no different from anyone else who has come
before us. Mr. Sudler stated that Ms. Goldsboro has a good plan of action because they are taking
notice of what a lot of property owners are not doing. Mr. Sudler stated that we are looking to
revitalize and continue to revitalize downtown, Dover. Mr. Sudler noted that for one, he
appreciates their sincerity, the presentation, and her effort, and he thinks that she will be successful
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Item #3.
SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 16
if she has a project manager, and she communicates with code enforcement. Mr. Sudler stated that
he thinks the wisest thing to do is to try and establish a healthy relationship, not that she does not,
but strengthen it if she does not. Mr. Sudler offered his condolences to Ms. Goldsboro for losing
her mother and just good luck and just do the best she can.
Mr. Anderson stated that he wants to emphasize the fact that this neighborhood has been greatly
revitalized, and this particular property has been the number one source of complaints that he has
had in this neighborhood. Mr. Anderson stated that every month when he goes to the neighborhood
watch, it is almost the only complaint that is left. Mr. Anderson stated that what he wants to say is
that if we go this route because we respect the fact that, unlike the previous discussion, at least in
the last month, she has taken substantial efforts, that Code is going to be watching to see if the
building permits are pulled because we do not have to wait 60 days if things are not rolling.
Mr. Anderson stated that if the building permits are not pulled, we are putting them on the table.
Mr. Anderson stated that means we can take it off the table at any time, at any meeting if Council
does follow this. Mr. Anderson stated that all he is saying is that he is not trying to be harsh or
anything, but he is saying that the neighborhood has been greatly affected by it.
Mr. Anderson stated that if you look at the calls in the neighborhood over the last year, something
like one in five police calls has been related to that property in the past six months and in that
neighborhood. Mr. Anderson noted that they need this moved. Mr. Anderson stated that if she
makes the quality decision, they will go with her, and they are going to expect to see substantial
results in the next 60 days. Mr. Anderson continued to state that she has to make that decision that
she is all in because it would be a shame for her to lose money if she does not follow through and
yet have some money in. Mr. Anderson stated that if she is all in, he is willing to trust her, but he
has seen people go in, it does not work, they end up with the bill, demolish and they lose money.
Mr. Anderson asked Ms. Goldsboro if she was all in.
Ms. Goldsboro stated she is all in.
Mr. Sudler stated that since she is all in, he provided his contact information to her. Mr. Sudler
stated that he does believe that is in the fourth district, as well as Councilman Anderson. Mr. Sudler
stated that they both can provide her contact information to assist her as the representative of that
district, and Councilman Boggerty. Mr. Sudler stated that he is going to give her his number, (302)-
465-6975. Mr. Sudler noted that he is the fourth district council person, one of three. Mr. Sudler
stated that she can give him a call if she has any concerns or if she needs him to walk through any
process because he understands that she does not live here, but that they are here to assist her.
Mr. Sudler stated that is what they do, they represent our constituents. Mr. Sudler noted that he
does not know if Councilman Anderson is willing to give his number at this time. If you like, you
may do so at this time, Councilman Anderson, rather by card or by verbal.
There being no one else present wishing to speak, Mr. Sudler declared the public hearing closed.
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Item #3.
SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 17
Mr. Hare moved to table the underlined item for 60 days, for a review at that time with Code
Enforcement and the property owner. The motion was seconded by Mr. Sudler and carried
by a unanimous roll call vote (Mr. Boggerty and Mr. Taylor were absent).
Mr. Sudler moved for adjournment of the Violation of the Dangerous Building Ordinance
meeting, hearing no objection, the meeting adjourned at 7:40 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of August 15, 2022, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\08-August 2022\08-15-2019 SPECIAL COUNCIL VDBO.docx
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Item #4.
ELECTION BOARD
The Election Board met on September 27, 2022, at 11:00 a.m. with Dr. Matthews presiding. Members
present were Mr. Caldwell, Mr. Brockton, and Ms. Bennett. Ms. Ennis and Ms. Dean were absent.
Others present were Ms. Engle, Mr. Nowak, Mr. Gibb, Mr. Walker, Ms. Gray, and
Ms. Melson - Williams.
ADOPTION OF AGENDA
Mr. Brockton moved for adoption of the agenda, seconded by Mr. Caldwell, and unanimously
carried.
Reapportionment of Council District Boundaries based on 2020 Census Data
Staff recommended accepting the reapportionment of Council district boundaries based on the 2020
Census Data.
Ms. Rachel Engle, Assistant City Clerk, explained that per the City of Dover Charter, every 10 years
once the census is complete, the city has to reapportion the districts to be equal in size and population.
Ms. Engle further explained that in 1988, The National Association for the Advancement of Colored
People (NAACP) and Mr. Cecil Wilson vs. The City of Dover resulted in the Consent Decree. Ms.
Engle further explained that the 1988 Consent Decree ruled that 65% of the population of one district
must be “Black Only” and 51% of the voting age in that district must be “black only”.
Ms. Engle stated that the issue staff found with the 2020 census is that people were allowed to select
more than one race. Ms. Engle explained that staff then consulted Mr. Rodriguez, City Solicitor for a
legal opinion regarding if someone selected African American and another race if they could be
counted towards the percentages in the Consent Decree. Mr. Rodriguez advised that since the Consent
Decree states “black only” only those who selected African Americans could be counted in the
Consent Decree percentages.
Ms. Engle explained that staff tried to use the census data blocks of those who selected African
Americans only and could not reach the percentages indicated in the Consent Decree and have a
contiguous border. Ms. Engle explained that after reviewing the census data and trying multiple ways
to comply with the Consent Decree, the City Clerk’s Office asked for a legal opinion on how to
proceed. Mr. Rodriguez’s legal opinion was to revert to the Charter and create four equal districts by
population and that is what is being presented today.
Ms. Engle explained the Clerk’s Office contacted Mr. Cecil Wilson who has already reviewed the
presentation and is in favor of challenging the Consent Decree. The Clerk’s Office coordinated a
meeting with the local NAACP, members of Council, and the Council President. Ms. Engle stated that
Ms. Fleur McKendell, President was present and is taking back the presentation being shown today to
the local chapter and the higher-up levels at NAACP. Ms. Engle noted that we are addressing the
consent decree, but we can't move forward.
Responding to Dr. Matthews, Ms. Engle stated the minority district has historically been the 4th
District.
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ELECTION BOARD MEETING SEPTEMBER 27, 2022 PAGE 2
Item #4.
Dr. Matthews stated that she suspects that the reason we received this data, the way it came in, is due
to mixed marriages or mixed heritage. Dr. Matthews noted that there is going to be more and more of
that, so we need to be prepared for future numbers.
Mr. Mike Walker, GIS Manager reviewed the presentation that can be found at https://rb.gy/ldqsfl.
Responding to Dr. Matthews, Ms. Engle stated that in regard to the change in housing patterns of
minorities, the last slide in the presentation breaks down race and other factors within each of the
proposed districts.
Ms. Andria Bennett, City Clerk stated that in Mr. Rodriguez’s legal opinion he did note that Mr.
Boggerty, an African American man was elected at–large for the entire city and that we have a majority
council that is comprised of African Americans.
Responding to Mr. Caldwell, Ms. Engle noted that we have a very diverse city however, with the
Consent Decree stating “black only” we could only look at African Americans and not any other
minority race.
Mr. Brockton asked if it would have been easier to settle the Consent Decree with the NAACP first
prior to redistricting.
Responding to Mr. Brockton, Ms. Engle stated that ideally yes, however, the district boundaries need
to be set prior to the next election which will be coming up in 2023. Ms. Engle explained that is why
the city had a meeting with the NAACP and communicated with Mr. Wilson regarding the
reapportionment of council districts to be open and transparent. Ms. Engle continued that while ideally
the Consent Decree would be resolved, we just do not have time. Ms. Engle noted that is why the city
asked for the legal opinion, which is to follow the City of Dover Charter and reapportion into four
equal districts until the Consent Decree can be settled.
Ms. Bennett stated that the city will need to petition the United States District Court to alter the 65%
and 51% which will be expensive and time-consuming. Ms. Bennett stated that the Consent Decree is
no longer needed due to the favorable changes throughout the City since 1988.
Responding to Dr. Matthews, Ms. Engle stated that if the Election Board accepts staff
recommendations, then two public hearings will be scheduled. Ms. Engle stated that the public
hearings will be advertised in the newspaper, social media, city website, and newsletter. Ms. Engle
noted that the residents that will be moving districts will also be notified.
Dr. Matthews moved to recommend accepting the reapportionment of Council district
boundaries based on the 2020 Census Data, as recommended by staff. The motion was seconded
by Mr. Caldwell and unanimously carried.
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ELECTION BOARD MEETING SEPTEMBER 27, 2022 PAGE 3
Item #4.
Dr. Matthews moved for adjournment of the Election Board meeting. The motion was seconded
by Mr. Caldwell and unanimously carried.
Meeting adjourned at 11:32 a.m.
Dr. Cherita Matthews
Chair
CM/re
Attachments
Attachment #1 - Presentation entitled "City of Dover - Redistricting" can be found at https://rb.gy/ldqsfl
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Item #5.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on September 27, 2022, at 6:02 p.m. with Council President
Sudler presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty,
Mr. Hare, Mr. Neil, Mr. Rocha, Mr. Taylor, and Mr. Hare. Dr. Pillsbury was absent. Mayor
Christiansen was also present. Civilian members present for their Committee meetings were
Dr. Jackson and Mr. Hosfelt (Safety Advisory, and Transportation) Mr. Shelton (Utility), Mr. Shevock
(WebEx), and Mr. Contant (WebEx). Mr. McCutcheon (Utility)was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Taylor presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried.
Presentation - Next Generation Outcomes (Larry Normile, Erin Smith, and Emily Sestito)
Mr. Larry Normile, 46 Stone Ridge Drive, Dover, Delaware. 19901 reviewed his presentation entitled
Next Generation Outcomes.
Responding to Mr. Neil, Mr. Normile confirmed that Next Generation Outcomes is incorporated.
Mr. Normile explained to get participants into the program, he will work in conjunction with the City
of Dover Police Department, Department of Justice, Attorney General’s Office, and Probation and
Parole.
Responding to Mr. Neil, Mr. Normile stated that he currently does not have a place for participants to
live or a place for them to go once they graduate. Mr. Normile explained that he has reached out to
Country Village Apartment Homes.
Mr. Neil stated that it is going to be hard to locate housing, there is not much space available and that
is something he has been looking and fighting for because that is the main reason a lot of people are
homeless. Mr. Neil explained that even if people have the money, there is not enough inventory.
Responding to Mr. Neil, Mr. Normile stated that he does not have a current income source, which is
why he is meeting with organizations such as the City Council and the Department of Justice. Mr.
Normile stated that he does not have the money right now, but he will even if it is in another two to
three years, he will work for it and build his capital.
Mr. Neil wished Mr. Normile all the luck in the world because he thinks the program is terrific.
Mr. Neil stated that if Mr. Normile can accomplish everything that he has set out to do it would be a
marvelous tool for the Police Department, which anybody dealing with the social ills of this society
can do.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 27, 2022 PAGE 2
Item #5.
Mr. Sudler stated that he thought Mr. Normile presented a very good presentation. Mr. Sudler
recommended filtering loitering issues to this rehabilitation and community service program.
Mr. Sudler urged Mr. Normile to contact the City Manager because last month another non-profit
requested a building or dwelling that the city could donate based on a purpose and need. Mr. Sudler
commended Mr. Normile for following his spirit, and heart, and providing a highly-needed service in
our community.
Mr. Anderson thanked Mr. Normile for coming tonight and for his presentation. Mr. Anderson stated
that he is looking forward to the future with this program and he believes it will make the entire county
better. Mr. Anderson stated that Kent County has grants open right now from the American Rescue
Plan Act (ARPA) funds and he believes that the deadline is October 25th. Mr. Anderson recommended
Mr. Normile look at Kent County’s website.
Responding to Mr. Rocha, Mr. Normile confirmed he received his 501(c)(3) in 2019.
Mr. Boggerty encouraged Mr. Normile to meet with Group Violence Intervention Program (GVI)
because he feels like both programs could work together. Mr. Boggerty stated that he would get the
contact information to Mr. Normile after the meeting.
Presentation - Dover Loitering Ordinance- 2022 Update (Chief Thomas Johnson, Dover Police
Department)
Chief Thomas Johnson, Dover Police Department, reviewed the presentation entitled Dover Loitering
Ordinance 2022 Update.
Responding to Ms. Arndt, Chief Johnson stated that slide 24, section 70-9 is for non-state-funded
schools, for example, the private schools would have the same authority as public schools.
Ms. Arndt stated that she liked that Chief Johnson was proposing court-tested language found in the
state statute.
Responding to Ms. Arndt, Chief Johnson stated that Council has the power to decide what the
consequences of a loitering citation in the city would be.
Mr. Boggerty stated that he would like to make sure the ordinance is being administered fairly, if they
are going to use the lower-level ordinance, then it must be used for all unless they are frequent
offenders. Mr. Boggerty requested seeing a fair report including demographic, age, race, sex, and
national origin.
Responding to Mr. Boggerty, Chief Johnson stated that they used 2019 statistics because it was pre-
covid. Chief Johnson explained that during the pandemic, there were operational adjustments on the
number of citizen contact that they proactively engage in, and the data would have been skewed.
Chief Johnson stated that Mr. Boggerty’s concern was completely understood as Council will be
drafting the Ordinance and voting to implement it. Chief Johnson stated that he would provide
contextual data, not only the numbers but context to draw off, for example, communication from
elected officials, 911 calls, and proactive behaviors in chronic condition areas.
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Item #5.
Mr. Boggerty stated that “I, Andre, councilman trust you, I have full confidence that they are given
the spirit that you delivered.” Mr. Boggerty stated, “let’s clean up so we can tackle some issues that
this city desperately needs tackling.” Mr. Boggerty explained there have been break-ins, an increase
in the homeless population, and problems that Council needs to solve.
Responding to Mr. Rocha, Chief Johnson stated that cadets only have the authority to enforce local
offenses at Council’s pleasure. Chief Johnson explained cadets currently enforce parking, littering,
and other quality-of-life things. Chief Johnson suggested that if council would like for cadets to
enforce loitering, then they include that in the ordinance.
Responding to Mr. Rocha, Chief Johnson stated that he could provide suggested language and that if
there becomes a problem through an internal procedure, he could rectify the situation.
Responding to Chief Johnson, Mr. Boggerty stated that whatever the numbers come out to be he would
like to see that it is fair.
Mr. Boggerty stated that page 21 of the packet discussed the cadets and that the created purpose was
due to the continuing safety and security concerns expressed by the merchants. Mr. Boggerty
suggested deleting why it was created because if the numbers go down someone could say they are
not needed.
Mr. Neil thanked the original sponsors of the loitering ordinance because they took a lot of heat to
bring about this moment. Mr. Neil explained that the original sponsors tried to lessen the costs for
somebody going through the process and not having a record at the same time, trying to balance the
individual’s rights constitutionally with actions that were causing businesses to lose their business.
Mr. Neil further explained that they were losing their livelihood, and equity invested, and deeply
hurting the City of Dover because of the actions that were taken by people who were loitering.
Mr. Neil thanked Mr. Anderson and Mr. Taylor for kicking the ball in the right direction. Mr. Neil
stated that they are now going to pull together information from the Chief’s presentation so that they
can achieve their goal. Mr. Neil explained that if we lose businesses and nobody wants to come then
everyone gets hurt. Mr. Neil noted that he has absolute trust in the Chief.
Mayor Christiansen stated that most of the job descriptions state that other duties may be added at the
discretion of the Chief and that the cadets need to be modified to include the same language.
Mr. Sudler stated that he would like to see a statistical data review board comprising individuals in
certain zones so that they can review the statistics, look at the data, see the authentication of the
process, and be able to talk about the prior data. Mr. Sudler explained that he felt they would get more
buy-in from the community and that it would show more accountability and transparency. Mr. Sudler
thanked Mr. Anderson and Mr. Taylor for their support in the loitering initiative.
Responding to Mr. Taylor, Mr. Sudler stated that the Police Chief’s Advisory Board would be a start,
but he thinks that individuals who live in the New Street area should be included to help advocate that
they see the statistics, that this is something that is authentic and has a buy-in as a part of the process.
Mr. Sudler explained that the Police Chief’s Advisory Board should also be comprised of the business
owners in addition to residents because they will echo the message that they need to do their part as a
part of the community and the initiative to clean up downtown Dover. Mr. Sudler stated that he felt
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Item #5.
they needed new eyes and a new mission statement separate from the Police Chief’s Advisory Board
only looking at statistics.
Responding to Mr. Sudler, Mayor Christiansen stated that he agreed that they needed to make sure
that the statistics and demographic information is available to the community. Mayor Christiansen
stated that he has implicit trust in the Chief, his staff, our statistician, and the Police Chief’s Advisory
Board which was established to review and provide some oversight and suggestions for the operation
of the Dover Police Department.
Mayor Christiansen stated that he did not feel it was in the best interest of the ordinance to reinvent
the wheel.
Responding to Mr. Sudler, Mr. Taylor stated that Dr. Jackson – Short is a member of the Police Chief
Advisory Board, which helped bring forth this loitering presentation. Mr. Taylor agreed with the
Mayor that oversight is needed but should be provided by the Police Chief’s Advisory Board. Mr.
Taylor stated that he felt that they would continue to do an outstanding job if they were given another
responsibility, whether it be dealing with the demographics of this or anything else. Mr. Taylor noted
that he has full faith in their abilities to be non-biased and move forward in a way that everyone can
find satisfaction in their efforts.
Mr. Anderson stated that a statistical review could be made with a motion and that he felt that should
be done parallel with the ordinance but not as part of the ordinance. Mr. Anderson noted ordinances
are laws that last until they are repealed. Mr. Anderson stated that he would like to have flexibility in
how they deal with issues when it comes to being able to review because their needs of them can
change quickly.
Mr. Anderson moved to refer to staff to move forward with the drafting of this loitering ordinance.
The motion was seconded by Mr. Neil.
Mr. Sudler stated that was a very keen observation and statement made by Mr. Anderson. Mr. Sudler
noted that the community has called for the reactivation of the Human Relations Commission, and he
believes that something of this magnitude needs the community’s input regarding whom they feel
most comfortable. Mr. Sudler explained this is a sensitive topic and Mr. Taylor and Mr. Anderson
have taken a lot of heat for the City of Dover.
Mr. Sudler stated that Mr. Anderson and Mr. Taylor have also taken the time and the intelligence to
listen and do their due diligence. Mr. Sudler stated that he appreciates it and supports this initiative.
Mr. Anderson moved to refer to staff to move forward with the drafting of this loitering
ordinance. The motion was seconded by Mr. Neil and unanimously carried.
Proposed Ordinance #2022-15 - Chapter 70 by adding Section 70-9, Nuisances, and amending
Appendix F, Fees, and Fines (Mary Ellen Gray, Director of Planning and Inspections)
Mr. Hugg reviewed Ordinance #2022-15-Chapter 70, Section 70-9, Nuisances, and amended
Appendix F, Fees, and Fines.
Staff recommended approving the Ordinance for First Reading on October 10, 2022, at the Regular
City Council Meeting.
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Item #5.
Mr. Hare moved approving Ordinance #2022-15 for First Reading on October 10, 2022, at the
Regular City Council Meeting, as recommended by staff. The motion was seconded by Mr.
Sudler and unanimously carried.
Discussion Loockerman Street Assessment Tour (Councilman Ralph Taylor)
Mr. Taylor reviewed the pictures in the packet under Discussion of Loockerman Street Assessment
Tour. Mr. Taylor noted the tree roots, loose bricks becoming weapons, tripping hazards, damaged
downspouts from fighting, and alley fencing that the police cannot see through. Mr. Taylor noted that
all of these are safety hazards for the city and our citizens.
Mr. Taylor stated that a decision needed to be made regarding the trees causing damage, he suggested
removing them and getting trees that are more suitable for those locations.
Mr. Neil stated that he hoped that all of this was being shared with the Downtown Dover Partnership
(DDP) and Mosaic because it needs to happen but also be a part of the total plan for downtown.
Mayor Christiansen pointed out that the Bond Bill gave the Downtown Dover Partnership a lot of
money that could be used now for streetscape improvements. Mayor Christiansen stated that if DDP
is going to be the true partner to the city, then some of those monies should be made available to
address some of the issues Mr. Taylor has brought forth.
Mr. Sudler stated that one way that they could deal with the roots of the trees, would be to shave the
mature roots so that bedding could be placed for the pavers to be placed over. Mr. Sudler noted that
they also have a foaming root killer that could be placed on the root, and it would dissolve in that area.
Mr. Sudler explained that these options would not damage a mature tree but are short-term mechanisms
that they could take to reinstall the bedding and concrete.
Mr. Anderson agreed with Mr. Neil and thanked him for his comments. Mr. Andersons suggested they
should look at different proposals and maybe look at how downtown looks and functions to make an
informed decision. Mr. Anderson noted that they needed to decide quickly on how to proceed.
Ms. Arndt stated that she hoped that they are not setting the stage to remove the trees, remove the
brick, and put down smooth concrete. Ms. Arndt stated that she agreed with the tripping hazards and
a relative immediate need to address those issues in terms of the tree and roots. Ms. Arndt stated that
they learned a lot from the Bradford Street project and dealing with mature street trees that are healthy
within urban environments. Ms. Arndt noted that brick sidewalks can be a maintenance headache
however they are beautiful and make our downtown unique.
Responding to Mr. Rocha, Mr. Taylor explained that the photo showed the only access to the basement.
Mr. Taylor noted that it may be something they are going to have to work around.
Ms. Tina Bradbury, DDP stated that the bond bill that was received is not for streetscape but that it is
to bring buildings up to code and get ready to be leased.
Mr. Taylor moved for adjournment of the Safety, Advisory, and Transportation Committee,
hearing no objection, the meeting adjourned at 7:26 p.m.
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Item #5.
Mr. Sudler announced Council would take a recess and resume at 7:35 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried.
Mr. Hare moved to move items #2 Purchase Ground Penetrating Radar, #3 Delaware Drinking
Water State Revolving Funds Applications, and #4 Aero Park Elevated Water Tank Equipment
Relocation #5 Proposed Ordinance #2022-17 – Amending Chapter 110 – Cross Connection Control
Program, Appendix F – Fees and Fines to Consent Agenda and take one vote to approve all four
items.
Mr. Anderson requested to remove Item #5 Proposed Ordinance #2022-17 – Amending Chapter 110
– Cross Connection Control Program, Appendix F – Fees and Fines
Mr. Hare moved to move items #2 Purchase Ground Penetrating Radar, #3 Delaware Drinking
Water State Revolving Funds Applications, and #4 Aero Park Elevated Water Tank Equipment
Relocation to Consent Agenda and take one vote to approve all three. The motion was seconded
by Mr. Boggerty and unanimously carried.
Electric Service Handbook Revisions (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Electric
Service Handbook Revisions.
Staff recommended approving the presented revisions to the Electric Service Handbook.
Mr. Neil moved to recommend approving the presented revisions to the Electric Service
Handbook, as recommended by staff. The motion was seconded by Mr. Sudler and unanimously
carried.
Purchase Ground Penetrating Radar (Jason Lyon, Director of Water Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Delaware Drinking Water State Revolving Funds Applications (Jason Lyon, Director of Water and
Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Aero Park Elevated Water Tank Equipment Relocation (Jason Lyon, Director of Water and
Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Proposed Ordinance #2022-17 - Amending Chapter 110 - Cross Connection Control Program,
Appendix F - Fees and Fines (Jason Lyon, Director Water, and Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and analysis of
Proposed Ordinance #2022-17.
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Item #5.
Staff recommended approval of the Ordinance for First Reading at the October 10, 2022, Regular City
Council Meeting.
Mr. Lyon stated that he would like to thank Ms. Kate Mills, Water Production Manager because this
would not be in front of Council without her and that she did a fantastic job putting this whole cross-
connection control program together.
Responding to Mr. Anderson, Mr. Lyon stated that it is important to realize that for the majority of
residential customers, this will not impact them. Mr. Lyon noted that some exceptions were in the
packet, such as if you have an irrigation system that is connected to a chemical disbursement, you
must have a backflow preventer on that. Mr. Lyon stated that if you have your pool directly connected
to the water service line, which is very, very rare, you must have a backflow preventer so that chlorine
water cannot come back in. Mr. Lyon noted that if you have reclaimed water and if you have a fire
suppression system, most residential units do not have that.
Mr. Lyon explained that these fees are primarily going to be for businesses that are required to put in
a backflow preventer because of the high hazard risk or if there were any sort of additional concerns
that we would have. Mr. Lyon explained that it is going to be filled out in the survey, which is in the
packet, and that it will be sent out to all the businesses, then they are going to return it to us. Mr. Lyon
continued to explain that then the city is going to through them with our partner, National Water
Specialties Company (NAWSC), and provide them with direction on which way to go.
Responding to Mayor Christiansen, Mr. Lyon confirmed backflow devices would need to be tested
annually by a licensed contractor.
Mr. Neil moved to recommend approval of Proposed Ordinance #2022-17 – Amending Chapter
110-Cross Connection Control Program, Appendix F – Fees and Fines for first reading at the
October 10, 2022, Regular City Council Meeting. The motion was seconded by Mr. Hare and
unanimously carried.
Mr. Rocha moved for adjournment of the Utility Committee, hearing no objection, the meeting
adjourned at 7:43 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and unanimously carried.
Mr. Anderson moved to move items #4 Approval of a Grant Funded Group Violence Intervention
(GVI) Crime Analyst Position and #5 Acceptance of a 1.5 Million Dollar Grant Funded Camera
Expansion to Consent Agenda and take one vote to approve both items. The motion was seconded by
Mr. Hare.
Mr. Sudler stated that he has a question for Item #4 and would like it removed from consent.
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Item #5.
Mr. Neil moved to approve item #5 Acceptance of a 1.5 Million Dollar Grant Funded Camera
Expansion by a consent agenda. The motion was seconded by Mr. Rocha.
Responding to Mr. Sudler, Chief Johnson stated that it is the goal to have money left over to purchase
an extended warranty agreement with Advantech to push the city’s expenses off as long as possible.
Chief Johnson stated that they may be able to push off the maintenance of the cameras for
approximately 5 years. Chief Johnson noted that maintenance for existing cameras is roughly $65,000
-$70,000 and that there would be a modest bump from that.
Responding to Mr. Sudler, Chief Johnson stated that there are many shovel-ready camera locations
that they could opt to build. Chief Johnson stated that their goal is to build as far as they can and leave
enough funds to purchase the warranty. Chief Johnson confirmed that once the money from the
American Rescue Plan Act (ARPA) funds is depleted the city will be responsible for the maintenance
and upkeep of the cameras.
Responding to Mr. Sudler, Chief Johnson stated that the new cameras will be an upgrade. Chief
Johnson explained that the current cameras have a fixed position and that they are pan and tilt cameras.
Chief Johnson noted that the new upgraded cameras have fixed-position cameras that look in every
direction.
Mr. Sudler stated that we currently have a lot of cameras that have appeared or have been perceived
to be not operational downtown. Mr. Sudler stated that there was a question from the community about
the location of the cameras and how did the cameras not catch a resident jogging downtown or even
the fire on Lockman Street. Did they catch the individual who may or may not have caused the fire,
just hearing from different circumstances, why are these cameras not working? Or when people go to
ask for certain footage, why are those cameras not working?
Mr. Sudler stated that his only concern is that maybe some of the grant money that the city is receiving,
should be used to make sure that the cameras that are not operational become operational, or at least
demonstrate to the community that all of our cameras are operating. Mr. Sudler continued by stating
that they will feel more confident in knowing that, even though this is grant money, it is still money
that is given to our constituents under the stewardship of Council to guide and direct where it should
go.
Mr. Sudler stated he likes the initiative, and the product, it looks great. I support that, but he would be
remiss if he did not echo that he wants to make sure that all of our cameras are 100% operational for
the transparency of the community and also to make sure that we are being good stewards of our
taxpayers' dollars moving forward.
Mr. Sudler stated he is all for progression and all upgrades, but he wants to make sure that what we
have now is working and moving in a way that we can show due diligence in all our efforts.
Responding to Mr. Sudler, Chief Johnson stated that there was a meeting a few weeks ago to achieve
what Mr. Sudler has described and learn from past failures. Chief Johnson explained that the fiber
optic network they are trying to build will take away a lot of the wireless line of sight interruptions.
Chief Johnson further explained that a lot of the issues come from the trees blocking the line of sight
and they do much better in fall and winter once the leaves fall.
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Item #5.
Chief Johnson stated the money that will install state-of-the-art fiber optics is in collaboration with the
in-kind contribution of the electrical department. Chief Johnson further explained it will be to connect
to upgrades and cameras that look in every direction so that we no longer have gaps in coverage.
Chief Johnson stated that the internal infrastructure at headquarters is going to be beefed up immensely
and that it will complement the health monitoring software that they already invested in to try and
make sure that Advantech gets a notification within 15 minutes of a detected failure so it can be
addressed immediately, rather than waiting for someone to find it the next business day. Chief Johnson
explained that they are looking in all of those zones while they were doing the planning. Chief Johnson
continued that they would like to think that they have looked at all the contingencies that would be of
concern and that think they have got them all earmarked for resolution over the lifespan of this
expansion initiative.
Responding to Mr. Rocha, Chief Johnson stated that the camera at Scarborough Road which is in
proximity to the tail line overpass will have visual cameras and license plate reading cameras.
Mr. Ryan Kelly, Advantech, currently has license plate recognition in place throughout the City of
Dover and it is working flawlessly. Mr. Kelly explained that each camera has a specific lane it
concentrates on, so it does not have to wonder which lane to concentrate on.
Mr. Neil moved to recommend approving Item #5 Acceptance of a 1.5 Million Dollar Grant
Funded Camera Expansion by a consent agenda. The motion was seconded by Mr. Rocha and
unanimously carried.
Proposed Ordinance #2022-08 - Amending Chapter 66 - Manufactured Homes, Mobile Homes, and
Land Lease Communities, Section 66-3 - Manufacture; Homes and Appendix F - Fees and Fines
Mr. Neil reviewed the background and analysis regarding the Proposed Ordinance #2022-08 and
Attachment #1 – Letter to Dover City Council – Ordinance #2022-08.
Staff recommended approving the Ordinance for First Reading at the October 10, 2022, Regular City
Council Meeting.
Responding to Mr. Taylor, Mr. Neil stated that it is a problem that the Department of Justice has to
handle because in essence, when the person leaves, even if they take the title away with them and the
community owner repossesses it for the lack of rent, they are selling a home they have no right to sell.
Mr. Neil stated that it is not a Division of Motor Vehicles (DMV) issue at this point and that you still
cannot sell the home that you do not own. Mr. Neil explained that if you are selling the home, saying,
"Here it is, buy it. I want to collect your rent," the person cannot resell the home. Mr. Neil continued
to state that if they do not have a title, that is against the law, and that becomes a state issue that we
have to turn over. Mr. Neil stated that if we recognize it because it is brought to our attention, then he
thinks we have to go to the Attorney General and that this is what this ordinance calls for, to report it
to the proper authorities with the state to let them deal with it. Mr. Neil noted otherwise that the house
is going to stay vacant until they can get a title, but they cannot sell the home.
Mr. Rocha moved to recommend approving Ordinance #2022-08 for First Reading at the
October 10, 2022, Regular City Council meeting as recommended by staff. The motion was
seconded by Mr. Boggerty and unanimously carried.
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Item #5.
Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building Regulations, Article
VII. Property Maintenance Code, Section 22-226 Violation and penalties and Appendix F - Fees and
Fines
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the background and analysis
regarding the Proposed Ordinance #2022-10.
Staff recommended approving the Ordinance for First Reading at the October 10, 2022, Regular City
Council Meeting.
Responding to Mr. Hare, Ms. Gray stated that if this ordinance passes then it would be a question for
legal counsel if it could be retroactive. Ms. Gray stated historically going backward, enforcement has
been a question for legal counsel.
Mr. Hare suggested consulting legal counsel if this ordinance could be retroactive, if the City can send
a letter asking for fines to be paid within 90 days or if a lien will be placed, or if they could simply
reissue the fine with a letter.
Mr. Hare moved to recommend approving Ordinance #2022-10 for the First Reading at the October
10, 2022, Regular City Council meeting as recommended by staff. The motion was seconded by
Mr. Rocha.
Ms. Arndt stated in regard to Article V on page 151 of the packet, parking in a fire lane, if the fee goes
unpaid it would be a traffic violation and not tied to the property.
Responding to Ms. Arndt, Ms. Gray stated she would look into it.
Responding to Mr. Contant, Mr. Kopp stated that Code Enforcement has a lien spreadsheet that they
update to include information such as owner information and tax parcel id, then it will be billed through
customer service. Mr. Kopp assured Council that the process is not very time-consuming and that they
have an established process that they use for grass fines.
Responding to Mr. Hare, Ms. Gray stated that as of this morning the total amount of unpaid fines
between 2019-2021 is $605,800.
Mr. Hare stated to Mr. Hugg that each penny of the tax increase raises $370,000 dollars and that this
is part of the tax increase that we need to collect.
Ms. Gray stated that the idea of this framework is that eventually, we would be bringing in fewer fines
because they feel this is kind of like a parent who threatens to punish a child for bad behavior but
never actually punishes them, that it ends up being a hollow threat, so the bad behavior continues. Ms.
Gray stated that if the message gets out to the property owners of rental properties that there will be
consequences for this behavior, then the behavior we hope will change and the properties will be better
maintained. Mr. Gray stated that property owners and renters will be in better compliance and that this
is the goal.
Mr. Hare moved to recommend approving Ordinance #2022-10 for First Reading at the October
10, 2022, Regular City Council meeting as recommended by staff. The motion was seconded by
Mr. Rocha and unanimously carried.
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Item #5.
Proposed Ordinance #2022-14 - Chapter 22- Buildings and Building Regulations, Article X.- Rental
Dwellings and Appendix F - Fees and Fines
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the background and analysis
regarding the Proposed Ordinance #2022-14.
Responding to Mr. Sudler, Ms. Gray stated that Mr. Rodriguez issued a Legal Opinion in January
2020, indicating that he believes it is a violation of the landlord-tenant code- 25 Del. Coded 5101. Ms.
Gray stated that this code shall regulate and determine all legal rights, remedies, and obligations of all
parties and beneficiaries of any rental agreement of a rental unit within the state whenever, wherever
executed. Any rental agreement, whether written or oral, shall be unenforceable, in so far as the
agreement or any provision thereof conflicts with any provision of this code and is not expressly
authorized herein.
Mr. Sudler suggested contacting the Division of Human Relations that oversees HUD or contacting
the board that puts together the landlord-tenant code for an opinion.
Responding to Mr. Sudler, Ms. Gray stated that she attended the Fair Housing Act seminars in previous
positions. Tracey Harvey also attends those training and provides background regarding that from the
Delaware State Housing Authority, they do this every five years, and they assess our entities who
receive Community Development Block Grant program money.
Ms. Gray stated that there is a report that reviews every entity on how we are doing with fair housing
and how we are implementing the Community Development Block Grant. Ms. Gray stated that she
would bring forward that report.
Mr. Anderson stated the opinion, which conflicted with the Deputy City Solicitor who drafted the
ordinance, Representative Lynn, and Mr. Peraza. Mr. Anderson stated that to remedy that, we went
through all the trouble of changing the charter to specifically allow for the City of Dover to deal with
rental issues and safe communities. Mr. Anderson explained that the 2020 opinion does not consider
the state law which just passed and was signed on September 9, 2022. Mr. Anderson stated that he
inquired about that with Mr. Rodriguez, and he agrees that it means that the whole opinion, not saying
what the result is, but the whole opinion would have to be revisited because the laws have changed.
Mr. Anderson stated that he did not think that this should be part of that discussion and that we plan
to put that on an Agenda in late October to give time for review, and that this should not be part of this
ordinance.
Mr. Anderson moved that the provisions regarding safe communities be stricken and deferred for
another time. The motion was seconded by Mr. Hare.
Ms. Arndt stated that she is in support of striking the safe communities’ provisions from the ordinance.
Ms. Arndt agreed with the solicitor that there is a conflict with the landlord-tenant code and the state
housing position that it is a discriminatory practice. Ms. Arndt continued that the criminal activity is
outlined within the safe community section of the ordinance. Ms. Arndt asked why that would only
apply to renters. Ms. Arndt continues that criminal activity is criminal activity and that the way it is
written, it targets renters specifically, and renters are more likely to be people of color. Ms. Arndt
stated that she believes that is the basis for the opposition to the Fair Housing Act. Ms. Arndt stated
that she would be in favor of, as written, striking the provision from the current ordinance.
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Item #5.
Responding to Mr. Anderson, Mr. Kopp stated that in regard to the agent required, the reason why we
were striking out the family member is we have had several problems with properties where a
designated family member is on site. Mr. Kopp explained that they are going out to a property three
or four times because that family member is a tenant and a friend. Mr. Kopp continued that the owner
would call us and be like, "Oh, hey, my brother's going to be there” and it is a tenant who is
representing the property, and then it is not brought back into compliance. Mr. Kopp further explained
that a lot of things they are discovering are, there are a lot of life safety concerns out here, the
authorized agent, who is a family member does not get the message across to the owner, or the owner
is out of state, and they cannot get ahold of the owner or the authorized agent whom they have listed.
Mr. Kopp noted that is why we would like to require a property manager, somebody who is in Kent
County who can respond.
Mr. Kopp stated they have had several issues where, whether it is trash, a leaking pipe, or floors caving
in because they have encountered that. Mr. Kopp continued that the owners could be in Hawaii, or
let's say Afghanistan on deployment and are trying to get ahold of this authorized agent, who is
nowhere to be found or does not exist. Mr. Kopp explained by having that agent required, is going to
better assist the tenant in the event of an emergency, or if we do find violations within the property,
the agent can better assist us to get in compliance. Mr. Kopp noted that in their history when there is
a property manager assigned to the property, a licensed property manager, they tend to get these
violations issued a lot faster or corrected a lot faster.
Responding to Mr. Hare, Mr. Kopp stated that even though an owner leaves contact information, it is
hard to get ahold of them and for them to get compliant in emergencies. Mr. Kopp stated that this is
more geared toward emergencies. Mr. Kopp explained that they do have several emergencies where
they cannot contact anybody and, unfortunately, they end up having to condemn the unit and displace
the tenants, and then they are out on their own because again, they cannot get ahold of the owner.
Mr. Anderson noted that the code already stated that the authorized agent and the family member of
the individual must be in the county already.
Responding to Ms. Arndt, Ms. Gray stated that line 55 can mirror line 112 of the ordinance to define
property insurance.
Responding to Ms. Arndt, Mr. Kopp stated that it will be yearly inspections that will take place with
every new license, not renewed licenses. Mr. Kopp explained that code enforcement already does this
as a best practice and is asking it to be placed in the code.
Ms. Arndt suggested a performance-based licensing system, where you consider the property code,
nuisance violations, and tax compliance so that landlords who are in good standing are incentivizing
them. Mr. Arndt discussed a fee reduction or some sort of incentive package for the landlords that are
doing a good job as opposed to the landlords that are not maintaining their properties.
Mr. Neil moved to table Item #4 Proposed Ordinance #2022-14 - Chapter 22- Buildings and Building
Regulations, Article X.- Rental Dwellings and Appendix F - Fees and Fines. The motion was seconded
by Mr. Sudler.
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Item #5.
Mr. Taylor stated we look at sections 22-333, and we were just talking about the property manager,
section A is line number 90. Mr. Taylor continued, that if we go down to line number 99, section B,
to incorporate some of that language. Mr. Taylor explained any corporation or partnership owning a
rental dwelling shall have a designated member, partner, or employee having charged care or control
of the rental property.
Mr. Neil moved to recommend tabling Item #4 Proposed Ordinance #2022-14 - Chapter 22-
Buildings and Building Regulations, Article X.- Rental Dwellings, and Appendix F - Fees and
Fines. The motion was seconded by Mr. Sudler and unanimously carried.
Approval of a Grant Funded Group Violence Intervention (GVI) Crime Analyst Position (Chief
Thomas Johnson, Dover Police Department
Chief Johnson yielded to questions from Council.
Staff recommended approving the grant-funded position as requested.
Mr. Sudler asked regarding the proposed new position for the GVI Crime Analyst position, is there
some statistical over workload or data indicating that the demand of the current Crime Analysis
Position that we have is being overworked or overwhelmed?
Responding to Mr. Sudler, Chief Johnson stated the crime analyst that they have right now is a hybrid
position, he does crime analysis, but he is also the accreditation manager, which means he's heavily
involved in the development and the maintenance of policy and procedure for the CALEA
accreditation. Chief Johnson noted that he handles the general policing crime analyst duties.
Chief Johnson stated that naively as a department when GVI came to us and turned the program on,
we thought that we could handle what we thought was going to be a limited number of clients and a
limited number, that we assessed as not a heavy lift on information, not only collecting, but the big
piece is the information sharing. Chief Johnson explained that when you take into consideration under
the umbrella of the Department of Corrections, the Department of Health of Human Services, and the
other state law enforcement agencies in our federal partners, we had no idea the amount of time this
was going to burden Case Detectives in making sure that everybody involved in GVI is on the same
page, particularly when we have an event where shots are fired and folks that have other roles to play
need real-time data as to what is going on in an investigation.
Chief Johnson stated that we started the year with him hearing, "Chief, we will be all right, we do not
need this analyst. We got this." And then by the middle of the summer, it was, "Yeah, Chief, we were
wrong. We need this analyst." Chief Johnson stated that coincidentally, the same point of contact in
the Governor's office brought to us the camera expansion opportunity through ARPA. Chief Johnson
stated that apparently, they did not realize at the time that ARPA was being considered as the funding
source for this position by the Governor's office.
Chief Johnson stated that when they started talking about the cameras, the spreadsheet that is in the
packet had personnel at the top line that had not been there before. However, they are merging both
the camera project and the crime analyst into the same budget from their perspective. Chief Johnson
stated that from the city’s standpoint, there is a difference between a camera expansion project and a
mid-season addition of personnel.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 27, 2022 PAGE 14
Item #5.
Chief Johnson wanted to make Council aware of the way that they have this structured in the ask in
case this money ever runs out. Chief Johnson stated that the state intends to continue funding beyond
this three-year window. Chief Johnson continued to state that in the event, that there is some kind of
philosophical change or a barrier that makes that impossible, the way they are doing this is that Council
can turn this position off, at almost a moment's notice because it is part-time at the maximum number
of allowable hours. Chief Johnson stated that if it is Council's pleasure at that time not to fund the
position through city tax dollars that it will be 100% at the discretion of Council if it is not funded
anymore by the state.
Chief Johnson noted that there is currently no money out of pocket from city dollars to make this
position start. Chief Johnson stated that if the state suddenly must step away from it, we have no other
match or obligation from that day forward to continue. Chief Johnson noted that Council is 100% free
to do as they wish at that time.
Responding to Mr. Sudler, Chief Johnson stated that if this is denied then the case detectives will not
have as much time to do, such as major case detectives that are in our drug, vice, and organized crime
units, who are some of the lead personalities with the GVI program. Chief Johnson noted that they are
not working cases if they are typing reports and making tons of phone calls and generating emails.
Chief Johnson stated that not only the GVI staff at the state level, but corrections, probation, parole,
health human services, anybody that is involved with a GVI client who is sending us information, and
then the information that we generate on a GVI client that we have to share with all those other entities,
that burden cannot stop, and it is mostly a safety issue. Chief Johnson explained that a lot of the GVI,
non-law enforcement practitioners are in the field on their own, and if they do not know in real-time
that there is a conflict in progress or beef going on, then they could be walking into something. Chief
Johnson stated that they have to step up their game to be as real-time as they can with information
sharing, which is why they are finding this position so crucial.
Mr. Sudler asked Chief Johnson if there was a process other than verbally saying to the Chief, is there
a process where they write and give a description regarding in what areas a breakdown, so that the
justification, the rationale is in black and white on paper?
Responding to Mr. Sudler, Chief Johnson stated there is a process in place. Chief Johnson stated that
in early '21 he wanted to try and make sure he captured hourly utilization. Chief Johnson stated that
the annual report that he provided, was the first draft of them attempting to capture the number of
hours that they spend on any particular task. Chief Johnson continued that there are categories for that
information is captured and that in some of its investigations, you could go all the way down. How
long they are taking in the transport of prisoners from point A to point B? Chief Johnson explained
that he is trying to build a cadre of data to justify any further requests that he might have to bring to
Council going forward in future years. Chief Johnson noted that he does not have a specific category
that discusses hours that are involved in administrative time for GVI and that he is unsure if he could
go in reverse to get that information.
Chief Johnson stated that he is trusting Lieutenant Dickinson and the rest of the GVI team, which
includes stakeholders outside of the Dover PD, where the consensus is. Chief Johnson noted that
Wilmington ended up having to do the same thing and that they have more than one because of the
number of clients that they have. Chief Johnson explained that they are just starting with one and that
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 27, 2022 PAGE 15
Item #5.
they are starting it out in a way that has the most flexibility for them to make decisions in the future to
the pleasure of the department and Council as far as funding it.
Chief Johnson noted that he wished he had a better answer for Council President as to the exact data
that drove the request but that they are still moving towards our first calling, which is going to bring
more clients under the umbrella of GVI. Chief Johnson continued that from then, all the things that
occur from that calling date will require top-shelf information sharing, and it is more analyst work
than it is police work.
Responding to Chief Johnson, Mr. Sudler stated that he wished he could support this initiative, but
without the data, he cannot justify approval from his perspective. Mr. Sudler stated that he does support
Dover PD, but that is his opinion, and he is just one vote.
Mr. Hare stated that the Chief has his support and that this is something the officers needed, they came
to the chief for it, and it is not costing the City money, and he does not see the downside of approving
it.
Mr. Hare moved to recommend approving the grant-funded position as requested by staff. The
motion was seconded by Mr. Neil and passed 7 in favor to 1 opposed (Mr. Sudler).
Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee,
hearing no objection, the meeting adjourned at 8:56 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting, hearing no
objection, the meeting adjourned at 8:56 p.m.
Roy Sudler, Jr.
Council President
RS/re
S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\TEMPLATES\COUNCIL
COMMITTEE OF THE WHOLE TEMPLATE.docx
Attachments
Attachment #1 - Attachment #1 – Letter to Dover City Council – Proposed Ordinance #2022-08
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ATTACHMENT #1
Council Committee of the Whole Meeting of 09/27/2022
Item #5.
To: My Dover City Council Colleagues Sept. 27, 2022
From: Fred Neil, 3rd District
Re: Ordinance 2022-08, Primer on Leased Land Housing
Scope: Mobile Housing has moved from vacation homes to permanent domiciles on rented land.
Think teachers with summers off having a mobile vacation home in Sussex County. If unhappy with
the landlord, drive off to another community. With time and the economy, those homes became
permanent domiciles and spread throughout Delaware. In 1974, HUD set standards to improve the
quality of these manufactured homes.
! Each home has a HUD serial number. Delaware treats these homes as vehicles and provides a
Title for each home recorded by DMV. When the original buyer sells the home the Title is handled
just as with a vehicle sale. Can you sell something you have taken possession of legally, but if you do
not have a legal Title signed over to you, can you sell it?
! Manufactured homes come in various sizes and styles. Most common are Single Wides brought to
the community on wheels. These are removed and the homes are placed on cinder blocks and
usually skirted. In Dover, the owner of this type of home pays an annual fee.
! My community Wild Meadows was created as an upscale community with the homes on a
permanent foundation, with one or two car garages, and are assessed as are other properties every
5 years. My home is 1728 sq ft. Not only do we pay city & county taxes individually, but under State
law we pay the property taxes on the community through our rents .
! The equity of the tenant homeowner is always at risk. The maintenance of the home falls on the
homeowner. The requirements of the landlord is spelled out in the lease to be en forced by the State.
Code 25, Chapter 70 which lacks teeth in enforcement powers.
! The City of Dover provides far more protection to leased land home owners than the State of
Delaware. Missing from State law is the requirement for a receipt for rents paid; management
availability requirements, and snow removal requirements within the private community. City Code
inspectors enforce city ordinances requiring the maintenance of the community.
! The $1.6 million taken out of the Dover and State economy from Wild Meadows with very small
cost of the operation and no return in benef its, is a separate subject for discussion. What prompted
Ordinance 2022-08 is from the desperate struggles to have a roof over their heads by low income
homeowners in a standard community and our role in their health and safety.
! Depending upon the philosophy of the community owner, a house in the community may be owned
or rented. The house could be rented by the community owner or an individual. Our Code Inspectors
can not inspect a privately owned home, but they are required to inspect a rental. This ordinance is
designed to help our Code Inspector to determine which homes are being rented. The community
owner should know if an individually owned home is being rented.
! Only when a complaint was made, did we find out, homes sold by the community owner, the
buyers were not given the Title which would permit them to legally sell the house. This is apparently a
wide spread practice which we have placed into the hands of the DOJ.
! Requiring a Certificate of Occupancy by Landlord sold homes should dramatically increase the
health & safety of the buyer and their families.
Page 136
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Item #5.
I provided Case histories following a request from the Delaware Manufactured Homeowners
Association (DMHOA) previously. In brief, our Code Inspectors acted with alacrity showing that a
homeowner had complied with a required clean-up and saved her from eviction from the Kings Cliffe
leased land community.
What followed were an immediate condemnation of house with a family of 4 required to leave almost
immediately, the revelation of shells of houses being sold that were a threat to buyer’s health and
safety, and what I believe to be illegal sale of houses where the buyers did not receive the Title to
home required by law.
The Nickell Family Story: When our Code Inspector examined the rented house they were living in
fir 4 years by the disabled parents and 2 children, she gave them 3 hours to move out. For 4 years,
the Nicholls had been asking the manager for multiple fixes including dangerous electrical problems.
Our Code Inspector declared the house uninhabitable. T he house did nit have a door knob to only
exit. It had to be pried open with a knife. The family could find no place to live in Delaware they could
afford.
Others in the community frightened to complaint because they do not want to lose their homes such
as it is.
I interviewed 2 homeowners who never received Titles with their home purchase:
Disabled veteran William Bar, with on-set of memory problems has an adult autistic son living with
him. His ex-wife bought the house for him and visits on weekends from New York. The house cost
$2,000.$7,000 was spend supplies and 6 months of sweat equity, thanks to younger family members,
before home was ready for occupancy. Was the house put together correctly?
Amanda Darwick purchased this shell of house a year ago from the Community Owner using a
Debit Card for $4,250, Interest unknown. The shell had holes in the wall, floors in many rooms were
missing, no cabinets and no toilet. She paid credit card $4000 to m ake it habitable. She requested
but never received the DMV Title. She was threatened with eviction for non-payment of rent.
Community gets home back in better condition than when should, but is it safe. Where’s the Title?
An HOA was formed and incorporated. I was asked to sit in the meeting with the HOA and
Community Manager. The manager complained that I was abusive and threatening. 1st you know me,
and 2nd there are witnesses. I want to put that out as we proceed with this proposed ordinance for
transparency purposes.
I have provided you with a Primer on leased land housing and the headlines of media stories of the
money extracted from low and middle income families, seniors and retired military who have virtually
no protection from financial abuse. Affordable housing is at the cornerstone of our lives and out
economy. The ordinance is a small step forward to protect a very vulnerable population.
On the reverse of the Primer are headlines of media reports that I have in my Library. Please advise
if you wish to read the original story.
Questions?
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Item #20.
Monthly Report
August 2022
Office of City Assessor
Page 138
Paj 139
Item #20.
ASSESSOR’S REPORT
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of Aug. 2021/2022 the Month of Aug. 2021/2022
50 42 $200 $144
Thousands
40 30 31 32 $109
30 22 21 $65
$100 $58 $44
20 $0$8
10 2 0 0 1 2021 $0 2021
0 $0
2022 2022
First Time Buyer for the Month Aug. 2021/2022 Realty
of Aug. 2021/2022 Property Sales in Dollars
Received Prior to Recording
50 42
$10 $9
40 32 $10 $7 $8
31 30
Millions
Res. Non‐First $3
30 $5
Time Buyers $0 $0 $1 2021
20 $0
Res. First Time 2022
10 Buyers
0
2021 2022
Major Updates
June July August
Assessment Change $13,830,100 ‐$2,874,200 $864,000
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
51 $8,645,900 $12,806,220 0.68 1.04
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
1
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Item #21.
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FY 2012/13 Page 1
CITY COUNCIL COMMUNITY ENHANCEMENT FUND Item #21.
JULY 1, 2022 - JUNE 30, 2023
100-10-12-99-000-53037
Current Balance - $3,000.00
COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER
DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER. THE PURPOSE OF
BUDGETED AMOUNT $25,000.00
THE FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL
PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
TOTAL $3,000.00
COUNCIL P.O. #/ TOTAL YEAR TO
DATE SPONSOR VENDOR DESCRIPTION INVOICE # CHARGES DATE BALANCE
07/26/22 Boggerty DEMCO Councilman Boggerty Email from $100.00 $100.00 $2,900.00
authorized the designation of Andre Boggerty
$100.00 of his community dated 07/21/2022
enhancement funds to DEMCO and email from
for the Annual Back to School Leandra Marshall
Event dated 07/13/2022
07/26/22 Anderson The 302 Councilman Anderson authorized Email from David $300.00 $400.00 $2,600.00
Movement the designation of $300.00 of his Anderson dated
community enhancement funds 06/29/2022 and
to The 302 Movement for the email from Tracey
backpack program. Weems dated
06/28/2022
07/26/22 Anderson The Inner City Councilman Anderson authorized Email from David $1,000.00 $1,400.00 $1,600.00
Cultural League the designation of $1000.00 of Anderson dated
his community enhancement 06/23/2022 and
funds to The Inner City Cultural email from
League for the reasons stated in Elizabeth Daniels
the letter. dated 06/23/2022
08/15/22 Neil Persimmon Park Councilman Neil authorized the Email from Fred $200.00 $1,600.00 $1,400.00
Place designation of $200.00 of his Nail dated
community enhancement funds 08/10/2022 and
to Persimmon Park Place for the email from Joyce
Backpack Giveaway Talley dated
08/09/2022
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Paj 147
FY 2012/13 Page 2
08/15/22 Arndt Persimmon Park Councilwoman Arndt authorized Email from $200.00 $1,800.00 $1,200.00
Item #21.
Place the designation of $200.00 of her Tricia Arndt dated
community enhancement funds 08/10/2022 and
to Persimmon Park Place for the email from Joyce
Backpack Giveaway Talley dated
08/09/2022
09/06/22 Arndt Dover Art League Councilwoman Arndt authorized Email from Tricia $500.00 $2,300.00 $700.00
the designation of $500.00 of her Arndt dated
community enhancement funds 08/31/2022 and
to the Dover Art League for the email from Elena
Grand Opening Stewart dated
8/31/2022
09/12/22 Boggerty Interdenomonatio Councilman Boggerty authorized Email from Andre $600.00 $2,900.00 $100.00
nal Ministerial the designation of $600.00 of his Boggerty dated
Alliance of Dover community enhancement funds 09/06/2022 and
and Visinity (IMA) to the Annual Community Unity email from
Family Day Theodore
Henderson dated
9/6/2022
$400.00 $2,600.00
Budgeted Amount District Council Sponsor YTD Expenditures Balance
$5,000.00 At-Large Boggerty $700.00 $4,300.00
$2,500.00 1st District Pillsbury $2,500.00
$2,500.00 1st District Rocha $2,500.00
$2,500.00 2nd District Hare $2,500.00
$2,500.00 2nd District Taylor $2,500.00
$2,500.00 3rd District Arndt $700.00 $1,800.00
$2,500.00 3rd District Neil $200.00 $2,300.00
$2,500.00 4th District Anderson $1,300.00 $1,200.00
$2,500.00 4th District Sudler $2,500.00
TOTAL $2,900.00 $22,100.00
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Paj 148
Item #22.
CITY MANAGER’S
MONTHLY REPORT
August 2022
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Item #22.
Blank
Page
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Item #22.
Page 150
Paj 151
Item #22.
August 2022 Activities October is Energy
Education Month!
• Utility Rates Increases / Billing / Public Education Visit: helpinitiativede.org
• Utility Billing, Phase 4, ERP Implementation
• Tax Collections, Agreements Or call 833-888-0410
• Recruitment
• DE&I Activities To register for a Home
Energy Audit
DIVERSITY, EQUITY, & INCLUSION ACTIVITIES
AUGUST 2022
The City of Dover Customer Service Department values Diversity, Equity,
and Inclusion. We strive to provide quality services to external and
internal customers through our daily activities. This segment will
highlight activities provided to internal department staff.
• Participation in monthly D, E & I team meetings or activities.
• ERP Training Session included staff input.
• Signage to encourage inclusion of all.
• Goodwill Committee – Birthday / Life Events recognition
• Participation in the “Together We Succeed” event
• Work / Life Balance – Ride Sharing (carpooling)
• Change publications and forms to multilingual (work in progress)
Customer Service Mission
Continually provide quality public service to our diverse group of customers with professionalism,
respect, & integrity. ~ City of Dover Customer Service Department
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Paj 152
ELECTRIC DEPARTMENT Item #22.
Electric Divisions
System Peak Total System Load Number of New
Month outages customers
Nov 20 52,898 Services
Nov 20 95.03
Dec 20 60,904 Jul 20 19 536 Jul 20 10
Dec 20 103.07
Aug 20 16 13,167 Aug 20 17
Jan 21 103.85 Jan 21 62,356
Sep 20 5 3551 Sep 20 16
Feb 21 103.54 Feb 21 58,116 Oct 20 5 738 Oct 20 8
Mar 21 56,803 Nov 20 7 3,230 Nov 20 12
Mar 21 96.05
Dec 20 0 0 Dec 20 15
Apr 21 106.06 Apr 21 52,494
Jan 21 1 2 Jan 21 9
May 21 135.17 May 21 56,801 Feb 21 3 1518 Feb 21 7
Jun 21 156.90 Jun 21 69,150 Mar 21 4 568 Mar 21 20
Jul 21 79,792 Apr 21 4 1,287 Apr 21 14
Jul 21 156.16
May 21 9 733 May 21 6
Aug 21 164.90 Aug 21 77,971
Jun 21 10 736 Jun 21 40
Sep 21 140.78 Sep 21 65,002 Jul 21 13 3,730 Jul 21 9
Oct 21 117.77 Oct 21 58,157 Aug 21 11 728 Aug 21 11
Nov 21 55,279 Sep 21 7 1,037 Sep 21 20
Nov 21 95.71 Oct 21 9 4,693 Oct 21 16
Dec 21 96.13 Dec 21 58,299 Nov 21 6 347 Nov 21 23
Jan 22 107.95 Jan 22 65,916 Dec 21 13 1540 Dec 21 22
Feb 22 55,827 Jan 22 11 1599 Jan 22 17
Feb 22 103.87
Feb 22 6 1005 Feb 22 8
Mar 22 99.08 Mar 22 56,876
Mar 22 5 512 Mar 22 18
Apr 22 92.65 Apr 22 50,847 Apr 22 1 350 Apr 22 20
May 22 143.11 May 22 59,233 May 22 13 4,199 May 22 21
June 22 June 22 19 6,639 June 22 11
June 22
July 22 7 357 July 22 16
July 22 July 22
Aug 22 8 395 Aug 22 47
Aug 22 Aug 22 This information not available until Power Plant computer is replaced.
Electric Monthly Outage Report
The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be
measured by calculating the System Average Interruption Duration Index. SAIDI Long Time looks at the previous
24months of outages
FY 23 YTD FY 22 FY 21
66.37 100.31 37.56
Outages Average Response Time
Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
8 15 21 Minutes 28.72 Minutes
PROGRAM UPDATES AUG 22 AUG 21 FY22 YTD
Tree Trimming 256 271 495
Number of Oil Releases 0 0 0
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 47 11 63152
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Paj 153
Item #22.
Fleet & Facilities Management Monthly Report
AUGUST 2022
Fleet Maintenance
PM Work Orders Completed: 36 Number of Tire Repairs: 18 Number of Road Repairs: 11
Other Work Orders: 79 Repair Hours: 362.5 Road Repair Hours: 14
Total Work Orders: 115 Fabrication Hours: 0 Misc. Hours: 28
PM Hours: 89.5
# of Scheduled PM’s: 35
# of PM’s Completed: 36
Major Program Updates
AUGUST AUGUST
MEASURE 2022 2021 DIFFERENCE
Fleet Maintenance - Completed PM
36 out of 35 45 out of 35
appointments vs scheduled PM’s -25.71 %
102.86 % 128.57 %
(Quantity and Percentage)
Facilities Maintenance
Facilities - Routine work orders
65 out of 70 67 out of 73
completed within 5 days 1.08 %
92.86 % 91.78 %
(Quantity and Percentage)
Facilities - Emergency work orders
2 out of 2 2 out of 2
completed within 2 days 0.00 %
100.00 % 100.00 %
(Quantity and Percentage)
Facilities:
Total Work Orders Written in August: 72
Total Work Orders Completed in August: 73
(includes previous months’ W/O’s that were incomplete)
Page 153
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Item #22.
MEMORANDUM
Department of Central Services
P.O. Box 475
Dover, Delaware 19903
Phone: (302) 674-7567
Fax: (302) 736-7178
E-mail: mhamlett@dover.de.us
TO: Dave Hugg, City Manager
Sharon Duca, Assistant City Manager
FROM: Michael C. Hamlett, Central Services Director
DATE: 9/7/2022
SUBJECT: Fiscal Year Project Update
______________________________________________________________________________
Outlined below are the stages of each project in process for Fiscal Year 2023
FC2001 City Hall HVAC Renovation: Currently under contract with Statewide Mechanical and in
phase 2 of equipment replacement. Phase 1 in the City Managers Office is awaiting a
replacement thermistor to complete phase 1. The first floor of the two-story building and the 1
story building is currently underway. All but 1 unit has been installed and they are starting on
the installation of needed duct work.
EA2204 Weyandt Hall HVAC Renovation: Currently in the engineering and design phase with
E2engineering.
EA2202 Electric Admin Window Replacement: Is complete other than 13 window that came in
wrong. There is a 4-6 week lead time for the replacements.
EA2203 Weyandt Hall Window Replacement and LED Lighting Upgrade: All materials for the
window replacement have been ordered, due in the end of October. Facilities staff is currently
working on LED upgrades.
LB2201 Library HVAC Controls Upgrade: Awaiting scheduling of work with Statewide
Mechanical, proposal was signed on 8/19/2022.
CS2301 Warehouse LED Lighting Upgrade: Materials are on hand and awaiting Facilities staff
completion of Weyandt Hall LED upgrade.
1
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Paj 155
Item #22.
Fiscal Year Project Updates
CS2302 Warehouse Replacement of Tile Flooring and Exterior Painting: Proposal for flooring
replacement has been signed with Tri-State Carpet and tiles have been ordered. Painting has
begun and will continue for the next 2-3 weeks.
FC2303 City Hall Window Replacement: Currently awaiting quotes
FC2304 Old Post Office Hazardous Material Abatement: Abatement is underway and will
continue for roughly 60 days.
Weyandt Hall Security Upgrades: All wiring for cameras and swipe badges has been installed;
however, we/Advantech are currently waiting for equipment to arrive. Ballistic glass has been
ordered and awaiting an eta for the glass.
Michael Hamlett, Central Services Director
Phone: 302‐674‐7567 Email: mhamlett@dover.de.us
2
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Paj 156
Item #22.
HUMAN RESOURCES
August 2022
Monthly Hired vs Resigned vs Promoted
9
8 8 8
8
7 7
7
6
6
55 5 5 5
5
44 4 4
4
333 3 3 3 3 3
3
2 2 2 2 2
2
1 1 1 1 1
1
0 0 0 0 0 0
0
Aug '21 Sept '21 Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22
Hired Resigned/Term/Retired Transferred/Promoted
August – Retired 0; Resigned 8; Terminated 0
CY Hired, Resigned, Promoted
80
70 67
60 57
54
50 47
44
41 42 41 41
40 35
33 32 31
30
22
20
18
20 15
10 5
0
2017 2018 2019 2020 2021 2022
Hired Terminated, Resigned, Retired Transferred or Pormoted
Page 156
Paj 157
Item #22.
HUMAN RESOURCES
(Continued)
Five year Full-Time vs Part-Time Employees
450
400 30
25
350 29 25 25
300
250
200
372 379
338 347 349
150
100
50
0
Aug '18 Aug '19 Aug '20 Aug '21 Aug '22
Full-Time Part-Time
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members
Part-time employees (4 Pitts Center, 1 Recreation, 21 Library, 3 Police Department, 1 Central Services)
EEOC Demographics
450
400
350 85 94
77 75 78
300
250
200
150 291 297 296 312 311
100
50
0
Aug '18 Aug '19 Aug '20 Aug '21 Aug '22
Caucasian Minority
Position Hired: Motor Equipment Operator I – Sanitation, Motor Equipment Operator I- Wastewater,
Customer Service Clerk I (2), Communications Operator, Library Assistant – Youth Services (PT),
Electrical Engineer
Page 157
Paj 158
Item #22.
HUMAN RESOURCES
(Continued)
Transferred/Promoted: Building Maintenance Craftsperson (promoted)
Position Terminated/Resigned/Retired/Other: Motor Equipment Operator I – Streets, Motor
Equipment Operator I – Sanitation, Motor Equipment Operator II – Sanitation, Customer Service Clerk
II (2), Library Clerk (PT), Library Assistant-Youth Services, Fire Dispatcher
Positions on Terminal Leave: Building Maintenance Craftsperson-September, Police Officer –
September, Customer Service Clerk (January)
Open or Currently Recruiting*
Open or Currently Recruiting by Dept. August 2022
Electric 0
Public Works 6
Police 8
Water Wastewater 1
All Other Departments 7.5
Totals 22.5
*Not used for Budgeting Purposes
Electric: Electrical Engineer I
Public Works: Motor Equipment Operator I – Streets (2), Motor Equipment Operator I – Stormwater (2), Motor
Equipment Operator I – Sanitation, Motor Equipment Operator II - Sanitation
Police: (3) Cadet (PT), Police Officer (3), Police Clerk I, Central Services Coordinator
Water/Wastewater: Motor Equipment Operator II - Wastewater
All Other Departments: Administrative Assistant – Finance, Planner II, Library Assistant (PT), Administrative
Assistant (Clerk’s Office), Customer Service Clerk I, LAN Analyst, Environmental Scientist, Library Clerk, Library
Assistant,
Turnover Statistics
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total
Turnover % 6.75 11.00 10.91 6.02 12.05 8.68 15.36 10.33 9.66 13.96 9.69 11.31
Termination
Turnover % 1.08 0.29 1.47 0.57 0.28 0.54 1.92 1.36 0.54 1.42 .25 1.18
Resignation
Turnover % 4.05 5.21 5.01 2.29 7.56 6.24 7.41 5.98 6.17 7.98 7.14 6.36
Retirement
Turnover % 1.62 5.50 4.42 3.15 4.20 1.90 4.39 2.45 2.68 4.27 2.29 0.71
Other
- - - - - - 1.65 0.54 0.27 0.28 .25 0.00
2012 Healthcare cost sharing implemented 2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development; 2018 RIF in Electric
Page 158
Paj 159
Item #22.
HUMAN RESOURCES
(Continued)
Average Employees
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total Number of
Employees Separating 25 38 37 21 42 32 56 38 36 49 38 48
from Service
Average Number of
356 333 325 331 333 340 337 340 346 **355 370 397
Full-time Employees
Average Number of 25 23
15 12 14 18 24 28 28 28 26 27
Part-time Employees
* Healthcare cost sharing implemented **Updated
Worker’s Compensation
August August
Category 2021 2022
Monthly Workers Comp. Injuries 6 7
Monthly Workers Comp. 127 79
Hours used by employees
Workers Compensation Cost FY2022
$2
$2
Department
$42
Total Cost (In thousands)
Total: $46,000
*8/2021 graph changed to FY
Page 159
Paj 160
Item #22.
Information Technology Department
August 2022 Report
Larry Josefowski, Director
Metrics: Sophisticated attacks against the network continue to increase, which reinforce our vigilant, multi-
tiered approach. Incident counts are slightly up, which may reflect better data capture due to an improved
ticketing system we have implemented. Future data will include how quickly we respond and how quickly issues
are resolved. The “Phishing hits” is a measure how many people are responding to internal phishing exercises.
We remain well below the threshold, but still have some responding to the test probes. The final chart is closely
related. It is from our training provider, with the risk score based on a number of factors such as completion and
grades on the training modules, how well we do on the phishing exercises, and other factors.
Network Security (Internal): The old core switches that were made redundant were the newly installed
switches were removed, and work on their configuration continued. Segmenting of the network traffic for
department data will be the next step, which we anticipate will improve performance. End of life equipment
continues to be an issue. 10 switches were ordered, but supply chain issues may push delivery out to the end of
the 2nd quarter 2023. However, 2 switches that were ordered last fall are expected to arrive in early August.
Network Security (External): We tested another tool on directors to prevent accidental clicks with a tool
provided as part for our training platform. This “Second Chance” tool provides the client with the full link before
they click on attachments in links. Clicking on malicious links is a primary gateway for malware, and we believe
this improves the security of the system. We will be expanding this tool to all staff in August.
We also discussed options regarding the change of domain to .GOV. This likely will come about first on our
public website, and later on our other network systems such as email. Any change will allow both old and new
domains to work for a fairly long period of time.
Other: Our Senior Lan Analyst left at the end of July for a Cybersecurity Analyst position with the University of
Delaware. His presence will be missed, and we have advertised for the position.
We attended several meetings hosted by the State of Delaware on grants that will be available to local
municipalities. Part of this is the development of state plans on their cybersecurity plans for local communities,
and Dover is on that committee.
Tyler/Munis: Costs of a support contract and a disaster recovery solution have been received by Tyler, and it is a
significant amount – each approximately 25% more on top of our existing contract.
We’ve also asked for a quite on their disaster recover service. Right now, if a significant disaster such as fire or a
flood occurred in this area, it would take a significant amount of time to restore the system to full operations,
with acquisition of the necessary hardware (switches and servers) taking several weeks at a minimum.
Additional time to configure switches and reimage servers could increase the amount of time needed to get
Tyler back up and running.
SCADA for Electric: Follow up discussions were held with the various vendors, and hardware was ordered after
several reviews. Server hardware, however, is being impacted by supply chain issues, and there currently is a
significant delay expected in getting the hardware.
INFORMATION TECHNOLOGY - 1
Page 160
Paj 161
Item #22.
INFORMATION TECHNOLOGY - 2
Page 161
Paj 162
Reference Transactions
August 2022 Item #22.
Adults 1,165
Teens 153
Children 451
0 250 500 750 1000 1250 1500 1750 2000
* Electronic Materials include Overdrive & Hoopla starting July 2022
Circulation August '22 FYTD '23 August '21 FYTD '22
Dover Residents 11,825 23,612 10,940 21,157
* Electronic Materials 4,826 9,261 3,665 7,633
Kent Residents Total - 8,183 16,197 6,591 13,282
~Harrington 43 28
~Milford 94 41
~Smyrna 646 372
~Unincorporated Kent Co. 7,400 6,150
Non-County Residents 1,505 2,753 914 1,627
New Registrations
Dover Residents 301 576 228 433
Kent Residents Total - 153 270 54 113
~Harrington 2 0
~Milford 1 0
~Smyrna 5 3
~Unincorporated Kent Co. 145 51
Non-County Residents 10 13 7 8
Registered Library Users as of 8/31/22 Registered Library Users as of 8/31/21
City of Dover Residents 18,070 City of Dover Residents 19,002
Kent County Residents 6,522 Kent Co. Residents 6,149
Sussex County Residents 255 Sussex Co. Residents 272
New Castle Co. Residents 356 New Castle Co. Residents 359
Out of State 22 Other 21
TOTAL 25,225 25,803
Other
Visitors 14,162 27,406 15,130 24,891
*Visitors - Curbside Pick-up 0 0 0 0
Meeting Room Usage 1,204 1,910 3,384 4,940
Photocopier Usage 376 846 297 581
Computer Printing Usage 3,070 5,443 1,567 3,138
Computer Users 1,799 3,396 1,225 2,344
Wireless Computer Users 1,472 2,861 863 1,617
Inter/Intralibrary - Loaned 48 36
Inter/Intralibrary - Borrowed 59 65
Holds Sent 3,185 3,200
Holds Received 2,132 1,952
TOTAL 5,424 10,881 5,253 10,712
Tech Services/Items Added 968 1,101
Tech Services/Items Deleted 1,363
284 566
Passport Services/Customers 210 210 222 408
Passport Services/Revenue $8,187 $17,013 $8,645 $16,073
Monthly Highlights
►119 attended / viewed 21 programs for adults. Job Center Statistics
►119 attended / viewed 12 program for teens. August 2022 August 2021
►1,497 attended / viewed 31 programs for children. Number of Walk-in Hours Open 0 39
► 0 volunteers. Number of Walk-in Participants 0 0
Number of Volunteer Hours 0 0
* Estimated Figure 0 attended 0 programs/classes coordinated through the Job Center.
Page 162
Paj 163
Parks & Recreation Item #22.
Monthly Report - August 2022
Parks & RecreaƟon Highlights
Smithson Mennonite Church took home the 2022 Summer Church League So ball tle.
Thirteen park pavilion permits were issued in August.
Performing Arts Series con nues to bring our residents out to for great entertainment. In July, two per-
formances had to be moved inside to the recrea on center due to weather. Approximately 1,000
a endees were noted at the four shows in July. Sponsored in part by Bally’s, this year’s series was
well a ended. We have a few more shows ending the series on Thursday, September 8.
ORPT Grant Extensions for CIP Projects were granted a er request. Delays in ge ng materials and
supplies for the PR1800 Park & Playground/Sivler Lake Kayak Launch project required an extension of
the grant. Delays in the Planning Office required a project extension for the Dover Park Spray Pad &
Building. Both projects are under way and staff will follow closely to keep these project on track.
Performing Arts Series on The Green, Thursday evenings. Show Ɵme: 7 pm
Scenes from Summer
Recreation Revenue Breakdown
August 2022 August 2021
General Recrea on $1,180.00 General Recrea on $365.00
Trips $240.00 Trips $55.00
Camps $3,410.00 Camps $4,655.00
Leagues $7,720.00 Leagues $4,736.00
Bldg./Field/Pavilions $970.00 Bldg./Field/Pavilions $550.00
Sports $1,100.00
August Outdoor Sports & Leagues
ParƟcipant & Spectator Count JWP Program Aug FYTD FYTD
AcƟvity ParƟcipants Spectators LocaƟon Aug 21
ParƟcipants 22 23 22
Hot Shot Basketball Camp JWP
General Recrea on 171 320 0 5
Senior So ball League Schu e Park
Church So ball League Schu e Park Camps 575 1,894 605 1,732
Coming Soon!
Tuesday Night Track DHS Open Gym 75 160 112 197
Evening Soccer Camp 2 Schu e Park Sports 0 85 0 0
Evening Soccer Camp 3 Schu e Park
Leagues 2,526 5,894 0 431
Soccer Camp 2 (day) Schu e Park Page 163
Paj 164
Item #22.
Grounds Monthly Report
Jul-22
Arborist Crew: Arborist Crew
- Continued trimming street trees. Tree Work Completed
- Assisted with street spraying. Tree's Trimmed 119
Tree's Removed 9
Root Pruning 0
Beautification Crew: Stumps Removed 0
- Watering and weeding daily. Trees Planted 0
- Assisted with street spraying.
Mowing Crew:
- Mowing route's are on schedule.
- Mowers were serviced on rainy days.
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule.
- Litter person has been diligent in the reporting of destruction in City parks.
- 439 Total 90 gallon cans collected.
Parks Crew:
- Continued to prep softball fields for games.
- Continued picking up trash and debris in parks.
- Setup and removed stage for concerts on the green.
- Set up stage for Tuesday in the Parks.
Miscellaneous:
- Tractor went to Seaford for service.
- Stump grinder went to Baltimore for Service.
- Bush hogged Vine St.
- Bush hogged wet wells.
- Mowed New Burton Rd.
- Bush hogged police station retention pond and old PWII.
Page 164
Paj 165
Item #22.
Trees Trimmed
T150
r 100
e
50
200
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022
Trees Removed
40
30
20
10
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022
90 Gallon Litter Cans Collected
9700
0600
500
G400
a300
200
1000
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022
Page 165
Paj 166
Item #22.
August 2022 Procurement & Inventory Report
Measure FY 2023 FY 2022 DIFFERENCE
Issue Effectiveness – How often the
FY 2023 (To date) FY 2022 (Total)
warehouse has what the departments
[289/ (289+67)] *100 [1610/ (1610+241)] *100 -5.80%
need when it’s needed.
81.18% 86.98%
[issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the
material stocked is the material being -0.05 Turnovers per
0.87 Turnovers per year 0.92 Turnovers per year
used. (2020-2021 Goal 1 per year) year
WITHOUT TRANSFORMERS
FUEL USE FY 2023 TO DATE FY 2022 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS)
Unleaded: 25,127 gallons 25,014 gallons Electric: $ 363,857.14 215 Line Items
Diesel: 13,744 gallons 13,820 gallons Water: $ 14,120.65 35 Line Items
Dollars Spent: $149,736.89 $86,501.51 General: $ 20,911.51 83 Line Items
Total: $ 398,889.30 333 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund
FY 2023 TO DATE FY 2022 TO DATE FY 2023 TO DATE FY 2022 TO DATE
Electric: $127,953.36 $531,771.10 Electric: $175,877.72 $269,714.92
Water: $0.00 $17,037.80 Water: $2,062.71 $11,025.88
Wastewater: $0.00 $0.00 Wastewater: $0.00 $3,124.52
General: $20,727.49 $29,053.06 General: $27,567.61 $21,095.56
Total: $148,680.85 $577,861.96 *Total: $205,508.04 $305,182.64
Warehouse Stock Money Spent for Postage/Postal Services
FY2023 FY2022 FY 2023 TO DATE FY2022 TO DATE
Total Dollar Value: $2,736,963.09 $2,447,063.63 $32,894.92 $28,493.55
Total Line Items: 1,012 1,014
* Total of Issues from Stock by Fund includes Issues from Sale from Stock (SS) and Electric Returns (ER).
Current Bid/RFP Status
BID REQUESTING
COMMODITY TERM STATUS as of September 1, 2022
NUMBER DEPARTMENT
North State Street Water Main
22-0035WW One Time Water/Wastewater Forwarded to Water/Wastewater on 7/6/2022
Replacement
Bid opening scheduled for September 7, 2022 @
College Road Pump Station 23-0001WW One Time Water/Wastewater
14:00
Three Phase Transformers for
23-0002WH One Time Procurement Forwarded to Electric Dept on 8/24/2022
Stock
Page 166
Paj 167
Item #22.
DEPARTMENT OF PUBLIC WORKS
August 2022 MONTHLY REPORT
GIS
GIS PROJECT HOURS
Create Data Requests Printing Technical Support Updates Configure Training
2%
16%
17%
3%
2%
20%
40%
GIS PROJECT HOURS
Other
City-Wide
DWW
DPW
Tax
Mayor
IT
Cust. Service
Dover PD
City Manager
City Clerk
Planning & Insp.
Library
Parks & Rec
Electric
0 10 20 30 40 50 60 70
GIS Project Hours
Page 167
Paj 168
Item #22.
SANITATION
MONTHLY REFUSE (TONS)
Bulk Rear Automated
977.24 959.76 943.45
889.91 888.37 861.69 879.47 865.91 865.91
840.53 846.68
792.94
720.09
141.86 151.04 143.96 174.23 129.76 155.48
136.88 128.04 121.09 116.32
83.01 72.46 155.37
155.54 168.5 150.58 138.41 71.85 124.26 156.68 147.1 128.4 135.88
118.57 106.41 81.45
AUG 21 SEP 21 OCT 21 NOV 21 DEC 21 JAN 22 FEB 22 MAR 22 APRIL 22 MAY 22 JUNE 22 JULY 22 AUG 22
SANITATION HOURS
700
581.5
600 560.5
500 465.5 460
418 399.5
400
338.5 337
300
200
100
0
Bulk Automated Hand Trash Yard Waste
Aug 2021 Aug 2022
SANITATION Aug 22 FYTD 23 Aug 21 FYTD 22
Trips to DSWA Sandtown Landfill 225 433 221 442
Total Tonnage to DSWA 1,171.21 2,286.61 1,274.64 2,543.64
90-gallon Containers Delivered 72 138 44 116
300-gallon Containers Delivered 0 0 0 1
Total Man Hours Containers Delivered 26 52 23 50
CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS)
August 2022 23,176 9,883 316,080 13.64
Page 168
Paj 169
Item #22.
STREETS / STORMWATER
MONTHLY STREET SWEEPING & LEAF COLLECTION
Sweeper Waste (cu.yd.) Street Sweeping (miles) Leaf Collection (miles) Leaf Debris (cu.yd.)
5579 5552
1370
0
3451
1337 1125
126 0 410
43 757 1170 331
1499 0
76 0 75 1345 0
140 0 0 6 3605 0 0 78 0 1 1570
1204 0 1570
93.5 0 0
0 634
78.5 1208
645 0 0 0
135
0 0 Leaf Collection (miles)
1783
0 92 0 0
122
0
Sweeper Waste (cu.yd.)
STREETS / STORMWATER August 22 FYTD 23 August 21 FYTD 22
Signs Installed 8 9 2 7
Signs Repaired 13 36 30 74
Curbs Painted Yellow (ft) 40 445 450 4,225
New Posts Installed 4 11 3 8
Storm Catch Basins Repaired 4 6 1 3
Storm Catch Basin Repairs (hrs) 4 15.5 8 15
Storm Catch Basins Cleaned (l.f.) 0 0 0 5
Storm Catch Basin Cleaning (hrs) 0 2.75 0 7
Hot Mix Patching (tons) 7.3 23 10.81 12.48
Hot Mix Patching (hrs) 16 50.5 10.5 12.5
Cold Mix Patching (hrs) 11 29.5 5.5 22.5
Concrete Work (hrs) 106 134.5 69 113.5
Concrete Patching (cu.yd.) 26.46 28.77 10.34 18.43
Ditch Work (hrs) 4 4 0 0
Street and Alley Maintenance (hrs) 8 8 2 2
Street Sweeping (miles) 383 690.5 1,337 2,416
Street Sweeping (cu.yd.) 122 214 76 164
Leaf Collection (miles) 0 0 0 0
Leaves Collected (cu.yd.) 0 0 0 0
Page 169
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Item #22.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Aug-22
Inflow & Infiltration Costs
$200,000.00 This chart indicates the amount of money the City is spending on
treating ground and / or rain water through Kent County. This cost is
$180,000.00 being offset by the Ground Water Inflow Adjustment rate passed on to
the customers. The July flow is showing as a negative cost due to the
$160,000.00 timing of the Kent County reporting vs the timing of the City billing.
$140,000.00
$120,000.00
$100,000.00
$80,000.00
$60,000.00
$40,000.00
$20,000.00
$-
Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22
$(20,000.00)
I & I Cost
Water & Wastewater Repairs
7 Water mains and services are typically repaired at a higher rate
when drastic change in temperature occurs. This freeze and
thaw cycle expands and contracts the soil, causing cracks in the
6 water line. This was evident in the month of January 2022, 6
water main breaks.
5
4
3
2
1
0
Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
This chart indicates the number of
Number of Brown Water Complaints complaints the Department receives.
Please note that our flushing
14 operatinons occured in April 2021 and
October 2021, hence the higher
volume. Volume was high in January
12 2022 due to a private issue at
Delaware State University.
10
8
6
4
2
0
Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Diversity, Equity and Inclusion Activities
Sending all staff to Unconscious Bias training – this will provide some enlightenment to staff members on the pitfalls of bias.
We are sending office staff out to meet with field staff to collaborate on current operational and future capital projects to gather
insight from all team members
Two (2) staff members have joined the Diversity, Equity and Inclusion committee. This will hopefully open up some ideas from
other City team members on what they are trying to accomplish. Attended June meeting and participated with entire committee.
A Department wide picnic occurred on September 30, 2021. The team was able to come together and talk about the vision of the
Department and where we want to go. An emphasis was provided to the team to provide any and all ideas to grow the
Department. A Department wide event was held on May 2, 2022 to celebrate National Drinking Water Week. A State of the
Department is scheduled for late July / early August to bring team together.
One on one sessions with all team members and the Director to solicit any ideas and / or improvements for the Department has
been initiated and conversations have been promising.
Encouraged and provided all staff the ability to participate in the DEI survey to understand the needs and desires of City staff.
90 % of the team attending the "Together We Succeed" cookout
Page 170
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Item #23.
City Planner’s Monthly Report
Department of Planning & Inspections
JULY 2022
Planning & Inspections Highlights
Some Items to Call to Your Attention
Construction activity during July consisted of 24 residential building permits. This is an
increase from July 2021 where 16 residential building permits were issued. 143 non-
residential permits were issued. The same number of nonresidential permits were is-
sued in 2021.
All projects for the City Council approved American Rescue Act Funding for Housing
and Community Service Projects are underway. Dover Interfaith Mission for Housing
has expended $50,000 in ARPA funding providing motel vouchers and rental assistance
in response to those affected by COVID-19 and the Department of Health and Social
Services has spent 82% of their grant award by providing motel vouchers and utility
payment assistance in response to persons affected by COVID-19.
453 Business Licenses, 65 Merchant Licenses and 238 Contractor licenses were issued.
This compares to 1,036 Business Licenses, 142 Merchant Licenses and 611 Contractor
Licenses in July 2021.
352 Building Inspections, 472 Plumbing/Mechanical Inspections and 22 Certificate of
Occupancies were issued by the Building Inspections Division. This compares to 287
Building Inspections, 255 Plumbing/Mechanical Inspections and 9 Certificate of Occu-
pancies being issues in July 2021.
Department Staff in late June began preparing for the upcoming issuance of Business
License renewals were sent in early July for the licensing year which begins August 1st.
The Code Enforcement Division continued their work citywide with numerous new cas-
es opened in July with a majority of the cases related to tall grass/weeds violations, ex-
terior property maintenance violations and other Dover Code of Ordinances items for
a total of 647 cases which is higher than last year at this time which had 483 new cas-
es. Their Inspections also include 68 Annual Housing Inspections as part of the Rental
Dwelling Permit Program. There are 49 active Dangerous Building cases open and a to-
tal of 150 buildings are registered as Vacant Buildings. There were 144 Vacant Buildings
registered in July 2021.
Page 171
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Item #23.
PROGRESS IN PICTURES
Macy’s Omni Service Center
1365 N DuPont Highway
Veronica’s Brick Oven -
50 N. DuPont Highway -
Capital Station
Shupback
Pakistani Kitchen
484 North DuPont
Highway
Page 172
Paj 173
Item #23.
PROGRESS IN PICTURES
49 S. Kirkwood Street
239 Tea Party Trail
Patriot Village
Sally Beauty— 1013 North Dover Shopping Center
Famous Supply
34 Starlifter Avenue
Page 173
Paj 174
Item #23.
PROGRESS IN PICTURES
1523 S. Hancock Avenue
131, 133, 135, 137, and 139 Lexington Glen
Independence Village
259, 261, 263, 265 and 267 Patriot Village 513, 515, 517, 519 and 523 Eden Hill
1061 S. Little Creek Road Lot 231 1061 S. Little Creek Road Lot 236
Dover East Dover East
Page 174
Paj 175
Item #23.
Planning & Inspections Revenue
FY2023 Draft
Revenue
Estimates for FY2022 Actual
Revenue Stream Budget (YTD) July % of Budget
Business License $1,450,000 $ 392,718 27%
Manufactured Home License $16,000 $ 5,040 32%
Building Permits $550,000 $ 28,594 5%
Cert. of Occupancy $8,000 $ 2,130 27%
Public Occupancy $45,000 $ 325 1%
Lodging House $14,000 $ - 0%
Plumbing/Heating/Air $80,000 $ 7,829 10%
Rental Inspection Fee $410,000 $ 1,411 0%
Miscellaneous $20,000 $ 280 1%
Fire Protection Fees $70,000 $ 10,383 15%
Code Enforcement Fines $60,000 $ 8,875 15%
Vacant Building Reg. $70,000 $ 3,750 5%
Total P&I Revenue $2,793,000 $ 461,335 17%
Department Operations—Planning Office
As of July 18, 2022 Mary Ellen Gray, AICP became the City Planner serving as the
Director of Planning, Inspections and Community Development. She is meeting
with Department and City staff and officials, conducting ride-a-longs/site visits,
and delving into everything “Dover.” Welcome to our Team!
There is continued awareness of the COVID-19 pandemic and the City adjusts its
Continuity of Government response as needed. Public Meetings returned to in-
person when the Mayor lifted a recent Limited State of General Emergency on
June 8, 2022. The Meetings of the Boards and Commission supported by this
Office continue to be presented in the Hybrid format (presented both In-Person
and Virtual). Electronic communications and conducting Meetings and Trainings in virtual formats is com-
monplace due to realized efficiencies.
PLANNING OFFICE—Permit Reviews
The Planning Office is part of the review process for certain types of construction activity permits
(Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance
with the Zoning Ordinance provisions. For July 2022, Planning Staff was involved with the review of 87
Building Permits and 22 Certificates of Occupancy permits that were issued for a calendar year total of
602. This tally amount is higher than the last few years when compared to a 2021 year-to-date total of
500 Permits and COs and 2020 year-to-date total of 448 Permits and COs; it is more inline with pre-
pandemic Permit volumes experienced. Staff also reviews new applications for Business Licenses and
Rental Dwelling Permits.
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Item #23.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan. Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
• DAFB Compatible Use Study: City Planning Staff is part of the Technical Committee for the DAFB Com-
patible Use Study. As part of a Department of Defense program initiative, DelDOT is leading this study
of uses in a Study Area of a 5-miles radius of the Dover Air Force Base. Consultant assistance for the
Study includes the University of Delaware – Institute for Public Administration and Century Engineering.
See the project website for more information on activities: https://deldot.gov/projects/Studies/dafb/
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership has retained consult ser-
vices for the development of a Strategic Master Plan. The Project Team lead by Mosaic Development
Partners is collecting data and meeting with stakeholders. City Staff is participating in the process in-
cluding an update Presentation on July 12, 2022. See the project webpage for more information activi-
ties: https://www.downtowndoverpartnership.com/ddp/Downtown-Dover-Strategic-Master-Plan/
CONSTRUCTION ACTIVITY
• In July 2022, Residential Building Permits were issued for four (4) Duplex units in Eden Hill Farm TND:
Residential District (Phase 1 Area by Chatham Bay), four (4) single family detached dwellings on South
New Street in the Downtown Development District, and two (2) single family detached dwellings on
College Road and McKee Road.
• Temporary Certificates of Occupancy were issued to five (5) townhouse units in Eden Hill Farm TND.
Certificates of Occupancy were issued for five (5) townhouse units in Lexington Glen PND, five (5)
townhouse units in Patriot Village, two (2) single family detached dwellings in Patriot Village (Phase 3
area), and for two (2) Manufactured Home placements in Dover East Estates.
• Building Permits activities focused on several office renovation projects, renovation to building façade
at 304 S. State Street, and other small renovation projects.
• Certificates of Occupancy were issued for a restaurant at 484 N. DuPont Highway (S-20-04); office reno-
vations at 34 Starlifter Avenue for a warehouse tenant; tenant fit-out for Veronica’s Pizzeria in Capital
Station; and retail tenant renovation for Sally Beauty for North Dover Shopping Center,
JULY 2022 (FY23) TOTAL FOR FY23
New Home Permits Issued 10 10
Value of Commercial Projects $754,000.00 $754,000.00
Downtown Incentives (Fees Waived) $6,421.00 $6,421.00
Page 176
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Item #23.
BOARD AND COMMISSION ACTIVITY
There were no July Meetings of the Boards and Commissions
supported by the Planning Office due to lack of agenda items.
Board of Adjustment: The Board of Adjustment did not meet on
July 20, 2022. The next Board of Adjustment meeting is sched-
uled for August 17, 2022.
Historic District Commission: The Historic District Commission
did not meet on July 21, 2022. The next Historic District Com-
mission meeting is scheduled for August 18, 2022.
Planning Commission
The Planning Commission did not met on July 18, 2022. The
next Planning Commission meeting is scheduled for August 15,
2022.
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #23.
CDBG FY21 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time
homebuyers who purchase affordable housing in the City of Dover. Seven (7)
families have purchased affordable housing in the City of Dover.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. This pro-
ject has been completed. DIMH has purchased a building for its new shelter
location that will be renovated with CDBG funds. The project is underway.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter.
This project is underway.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in
the City that is in violation of the City’s Housing Code and complete emergen-
cy home repairs to eliminate housing conditions that threaten the health and
safety of low-income homeowners. Emergency Home Repairs have been
completed on two (2) owner occupied homes and two (2) single family homes
are scheduled for renovations.
• American Rescue Act (ARPA) Funding
City Council approved to award a little under $1.4 million in grant funding for
Housing and Community Service projects. All projects are underway. Dover
Interfaith Mission for Housing has expended $50,000 in ARPA funding provid-
ing motel vouchers and rental assistance in response to those persons affect-
ed by COVID-19 and the Department of Health and Social Services has spent
82% of their grant award by providing motel vouchers and utility payment as-
sistance in response to persons affected by COVID-19.
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Paj 179
Item #23.
Code Enforcement Activity— JULY 2022
Case Type Total # for Total # % staff % staff initiated
Month YTD (July initiated YTD
2021 to current month
June 2022)
No valid Rental Permit 1 1 100% 100%
No valid Building Permit 8 8 87% 87%
Tall grass and weeds 32 32 90% 90%
Additional tall grass 12 12 100% 100%
Abandoned/Unregistered 12 12 100% 100%
Vehicle
Annual Housing Inspection 68 68 95% 95%
Property Maintenance 99 99 43% 43%
Exterior
Electric Termination 6 6 100% 96%
Dover Code of Ordinances 89 89 85% 85%
Dangerous Buildings 12 12 0% 0%
Zoning 1 1 100% 100%
Admin Inspections 16 16 100% 100%
Total Cases Opened 435 435
Total # of Inspections 1114 1114
Total # of Violations 647 647
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 151
Dangerous Buildings – 48
235-239 W Loockerman - Notice of public hearing sent.
207 N West Street—Notice of public hearing sent.
Page 179
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Building Inspections & Licensing Summary Item #23.
July 2021—
July 2022–
Current June 2023 July 2021 June 2022
PERMITTING AND LICENSING
Permits Issued JULY (2022) JULY (2021)
FY 23 FYTD 23 FY22 FYTD 22
Administrative Permit
5 5 5 5
Building Addition/Renovation Permits 34 34 36 36
Building Permits
36 36 31 31
Demolition Permits
1 1 2 2
Fence Permits 16 16 19 19
Fire Prevention Permits 8 8 3 3
Mechanical Permits
29 29 36 36
Plumbing Permits
39 39 16 16
Sign Permits 10 10 30 30
Swimming Pool Permits
3 3 1 1
Subtotal 181 179
Business Licenses 453 453 1036 1036
Merchant Licenses
65 65 142 142
Contractor Licenses
238 238 611 611
Subtotal 756 1789
Lodging House Licenses
1 1 13 13
Public Occupancy
6 6 27 27
Rental Dwelling 17 17 16 16
Subtotal 24 56
Manufactured Homes
106 106 127 127
BUILDING INSPECTIONS
Inspections JULY (2022) JULY (2021)
FY 23 FYTD 23 FY22 FYTD 22
Building (Inspections/CBI/Site Meetings)
352 352 287 287
Plumbing/Mechanical
472 472 255 255
Certificate of Occupancy
22 22 9 9
Page 180
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Item #23.
Fire Marshal’s Office—At a Glance
The Fire Marshal’s Office staff investigated
seven (7) incidents during the month of July to
include a major fire loss at 140 John Hunn
Brown Rd (Target) , 1035 Walker Rd., and 420
Collins Dr.
Staff is conducting Annual Fire and Life Safety
Inspections at educational occupancies as well
as colleges. Staff has also been conducting an-
nual inspections on food trucks operating with-
in the City of Dover.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 23 23 38
Deficiencies From the Above Inspections 114 114 237
Fire Code Violations/Deficiencies/Complaints 22 22 20
C/O & Fire Equipment Acceptance Tests 10 10 4
Meetings & Walk Through 9 9 14
Fire Plan Review & DAC 20 20 6
Month Year to Date Previous Year to Date
Accidental 4 totaling $25,600 4 totaling $15,600 2 totaling $500
Undetermined 0 0 0
Incendiary 3 totaling $4,000,002 3 totaling $4,000,002 0
Arrest Made with DPD 1 1 0
Investigation Time 32 hours 32 hours 4 hours
Injuries 0 0 0
Deaths 0 0 0
Page 181
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Item #23.
City Planner’s Monthly Report
Department of Planning & Inspections
AUGUST 2022
Planning & Inspections Highlights
Some Items to Call to Your Attention
For August 2022, Planning Staff was involved with the review of 92 Building Permits
and 22 Certificates of Occupancy permits that were issued for a calendar year total of
716. This tally amount is higher than the last few years when compared to a 2021 year
-to-date total of 573 Permits and Certificates of Occupancy's (COs) and 2020 year-to-
date total of 527 Permits and COs; it is more inline with pre-pandemic Permit volumes
experienced.
As mentioned in last month’s report the business license renewals were sent out in
early July, 2022. As of August, the Permits and Licensing Office has collected
$1,288,864 which is 89% of our Planning and Inspections revenue budget for business
licenses.
In August 2022, Residential Building Permits were issued for thirteen (13) townhouse
units and ten (10) duplex units in Eden Hill Farm TND: Residential District, two (2) sin-
gle family detached dwelling in the Downtown Development District, one single family
detached dwelling in Fox Hall, and a manufactured home placement in Persimmon
Park Place.
Building Permits activities focused on several office renovation projects, renovations at
Bayhealth Medical Center, renovation of exterior stair project at Legislative Hall, and
renovations for a Bank at 779 N. DuPont Highway (old Pizza Hut location). Overall, 180
total permits (Administrative, Building Addition/Renovation, Building, Demolition,
Fence, Fire Prevention, Mechanical, Plumbing, Sign, Swimming Pool) were issued in
August. 150 total permits were issued in August 2021.
The Code Enforcement Division after a period of being fully staffed was down one staff
team member due to Code Enforcement Officer Velvet Johnson taking a position in
Public Works. As a result, inspection and enforcement activities decreased in August. A
total of 381 (435 in Just 2022) enforcement cases were opened, 54 (68 in July 2022)
annual rental inspections and a total of 1,066 inspections (1,114 In July 2022) were
conducted in August 2022. A total of 568 enforcement cases were opened, 137 rental
inspections and a total of 1,085 inspections were conducted in August 2021. Inter-
views for the open Code Enforcement position were conducted in August.
Page 182
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Item #23.
PROGRESS IN PICTURES
Macy’s Omni Service Center
1365 N DuPont Highway
Boot Barn (Dover Commons) 1231 N. DuPont Hwy
Dollar Tree (Baycourt Plaza) 650 Bay Road
Be Well Massage and Skin Care –554 Garton Road Academy of Dover Charter School (Addition)
104 Saulsbury Road
Townhouse Unit by DR Horton –
521 Ridgely Blvd—Eden Hill Farm TND One Main Financial - 1001 S. Bradford St.—Suite 4
Page 183
Paj 184
Item #23.
PROGRESS IN PICTURES
49 S. Kirkwood Street
NCALL
1512 S. Hancock Avenue—Patriot Village 516, 518, 520, 522, 524 Ridgley Blvd – Eden Hill Farm TND
(Temporary Certificates of Occupancy)
239 Tea Party Trail
Patriot Village
1508 S. Hancock Avenue—Patriot Village 115 Mourning Dove Lane—Oak Shadows
1061 S. Little Creek Rd. Lot 204 1061 S. Little Creek Rd. Lot 9
Dover East Estates Dover East Estates
Page 184
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Item #23.
Planning & Inspections Revenue
FY2023 Draft
Revenue
Estimates for FY2022 Actual
Revenue Stream Budget (YTD) August % of Budget
Business License $1,450,000 $ 1,288,864 89%
Manufactured Home License $16,000 $ 8,955 56%
Building Permits $550,000 $ 110,606 20%
Cert. of Occupancy $8,000 $ 3,790 47%
Public Occupancy $45,000 $ 1,135 3%
Lodging House $14,000 $ - 0%
Plumbing/Heating/Air $80,000 $ 14,683 18%
Rental Inspection Fee $410,000 $ 6,374 2%
Miscellaneous $20,000 $ 3,400 17%
Fire Protection Fees $70,000 $ 29,946 43%
Code Enforcement Fines $60,000 $ 16,875 28%
Vacant Building Reg. $70,000 $ 6,375 9%
Total P&I Revenue $2,793,000 $ 1,491,003 53%
Department Operations—Planning Office
The Meetings of the Boards and Commission supported by the Planning Office continue to be presented
in the Hybrid format with both In-Person and Virtual (using WebEx) meeting options for participation.
Electronic communications and conducting Meetings and Trainings in virtual formats are commonplace
due to realized efficiencies.
PLANNING OFFICE—Permit Reviews
The Planning Office is part of the review process for certain types of construction activity permits
(Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance
with the Zoning Ordinance provisions. For August 2022, Planning Staff was involved with the review of 92
Building Permits and 22 Certificates of Occupancy permits that were issued for a calendar year total of
716. This tally amount is higher than the last few years when compared to a 2021 year-to-date total of
573 Permits and COs and 2020 year-to-date total of 527 Permits and COs; it is more inline with pre-
pandemic Permit volumes experienced. Staff also reviews new applications for Business Licenses and
Rental Dwelling Permits.
Page 185
Paj 186
Item #23.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan. Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
• DAFB Compatible Use Study: City Planning Staff is part of the Technical Committee for the DAFB Com-
patible Use Study. As part of a Department of Defense program initiative, DelDOT is leading this study
of uses in a Study Area of a 5-miles radius of the Dover Air Force Base. Consultant assistance for the
Study includes the University of Delaware – Institute for Public Administration and Century Engineering.
See the project website for more information on activities: https://deldot.gov/projects/Studies/dafb/
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership has retained consult ser-
vices for the development of a Strategic Master Plan. The Project Team lead by Mosaic Development
Partners is analyzing data and developing concepts. City Staff participation in the process continues in-
cluding attending an update on the Master Plan Project Presentation on August 26, 2022. See the pro-
ject webpage for more information activities: https://www.downtowndoverpartnership.com/ddp/
Downtown-Dover-Strategic-Master-Plan/
CONSTRUCTION ACTIVITY
• In August 2022, Residential Building Permits were issued for thirteen (13) townhouse units and ten (10)
duplex units in Eden Hill Farm TND: Residential District, two (2) single family detached dwelling in the
Downtown Development District, one single family detached dwelling in Fox Hall, and a manufactured
home placement in Persimmon Park Place.
• Temporary Certificates of Occupancy were issued to five (5) townhouse units in Eden Hill Farm TND.
Certificate of Occupancy were issued one townhouse unit in Eden Hill Farm TND: Residential District,
two (2) single family detached dwellings in Patriot Village - Phase 3 Area, one single family detached
dwelling in Oak Shadows, and four (4) manufactured home placements in Dover East Estates.
• Building Permits activities focused on several office renovation projects, renovations at Bayhealth Med-
ical Center, renovation of exterior stair project at Legislative Hall, and renovations for a Bank at 779 N.
DuPont Highway (old Pizza Hut location).
• Certificates of Occupancy were issued for various office renovations, tenant fit-outs for Boot Barn in
Dover Commons, Be Well Massage & Skin Care on Garton Road, and Nutrition Shake Bar in Greentree
Shopping Center. Temporary Certificates of Occupancy were issued for Dollar Tree at 650 Bay Road,
renovations at Bayhealth, a new school building at Academy of Dover, and offices for the Kent County
Department of Elections.
AUGUST 2022 (FY23) TOTAL FOR FY23
New Home Permits Issued 26 36
Value of Commercial Projects $5,203,500.00 $5,957,500.00
Downtown Incentives (Fees Waived) $2,893.00 $9,314.00
Page 186
Paj 187
Item #23.
BOARD AND COMMISSION ACTIVITY
The August Meetings of the Boards and Commissions supported by the Planning Office were held in the
Hybrid Format with the In-Person Meeting and a Virtual Meeting option using the WebEx telephone/video
conferencing platform. The Planning Commission Meeting of August 15, 2022 included project updates and
their Annual Meeting activities of electing officers. The Historic District Commission met on August 18,
2022 to consider Architectural Review Certification for a Permit Referral at the John Bell House. Board of
Adjustment did not meet in August due to lack of agenda items.
Board of Adjustment:
The Board of Adjustment did not meet on August 17, 2022. The next Board of Adjustment meeting is
scheduled for September 21, 2022.
Historic District Commission:
The Historic District Commission met on August 18, 2022. The next Historic District Commission meeting is
scheduled for September 15, 2022. At the Meeting, the Commission heard activity reports and considered
Architectural Review Certification for the following application.
• HI-22-06 Referral of Permit #22-1298 at John Bell House, 43 The Green – The Historic District
Commission considered a Permit referred by the City Planner and took action to grant Architectural Re-
view Certification for Permit Application #22-1298 for construction of an accessory structure (restroom
and storage) at the John Bell House. The property is zoned RGO (General Residence & Office Zone) and
subject to the H (Historic District Zone) and SWPOZ (Source Water Protection Overlay Zone). The
property is located east of South State Street on the southeast side of The Green. The owner of record is
the State of Delaware. The property address is 43 The Green. Tax Parcel: ED-05-077.09-05-28.00-000.
Council District 4.
Planning Commission
The Planning Commission met on August 15, 2022. The next Planning Commission meeting is scheduled
for September 19, 2022. An update was provided on the following application; there were no new applica-
tion for consideration. The Meeting was the Annual Meeting of the Planning Commission. During the Nomi-
nation and Election of Officers, Andrea Maucher was elected to serve as Chair and Robert Hartman was
elected as Vice-Chairman). The Appointment of the Architectural Review Oversight Subcommittee of Plan-
ning Commission (in accordance with Zoning Ordinance, Article 10 §2.28) also occurred with Kathleen
Welsh and Kenneth Roach to represent the Planning Commission and with Planning Staff to contact two
recommended design professionals to confirm their willingness to serve.
• S-21-10 Modwash: Car Wash at 1414 N DuPont Highway—The Planning Commission heard an up-
date presentation on the Design Revisions to Site Development Plan Application S-21-10 Modwash at
1414 N DuPont Highway. This Application was initially approved for the construction a 4,660 SF Car
Wash facility and associated site improvements. The property consists of 1.93 acres (83,999 SF) and is
located on the west side of North DuPont Highway, south of Rustic Lane. The property is zoned C-4
(Highway Commercial Zone) and is subject to SWPOZ (Source Water Protection Overlay Zone): Tier 3
– Excellent Recharge Area. The owner of record is Dover Millex II, LLC and the developer is Hutton
Build (Ray Garganio). Property Address: 1414 N DuPont Highway. Tax Parcel Number: ED-05-057.00-
01-17.00-000. Council District 4. This application received conditional approval by the Planning Com-
mission in November 2021.
Page 187
Paj 188
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #23.
CDBG FY21 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time
homebuyers who purchase affordable housing in the City of Dover. One (1)
family has purchased a home and two (2) families are mortgage ready and
shopping for homes.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has
purchased a building for its new shelter location that will be renovated with
CDBG funds. The project is underway.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter.
This project is underway.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in
the City that is in violation of the City’s Housing Code and complete emergen-
cy home repairs to eliminate housing conditions that threaten the health and
safety of low-income homeowners. Emergency Home Repairs have been
completed on two (2) owner occupied homes and two (2) single family homes
have been renovated.
• American Rescue Act (ARPA) Funding
City Council approved to award a little under $1.4 million in grant funding for
Housing and Community Service projects. All projects are underway. Dover
Interfaith Mission for Housing has expended $50,000 in ARPA funding provid-
ing motel vouchers and rental assistance in response to those persons affect-
ed by COVID-19 and the Department of Health and Social Services has spent
82% of their grant award by providing motel vouchers and utility payment as-
sistance in response to persons affected by COVID-19.
Page 188
Paj 189
Item #23.
Current LY Month Change %
YTD Total
Month YTD Total Changed
Total +/- FY23
Case Type Total FY 22 YTD
No Valid Rental Permit 5 4 25% 6 5 20%
No Valid Building Permit 14 11 27% 22 21 5%
Tall Grass and Weeds 38 119 -68% 106 234 -55%
Additional Tall Grass and Weeds 16 15 7% 28 25 12%
Abandoned Vehicle 18 32 -44% 6 55 -89%
Annual Housing Inspection 54 137 -61% 122 207 -41%
Property Maintenance Exterior 37 115 -68% 136 212 -36%
Electric Termination 4 19 -79% 10 32 -69%
Dover Code of Ordinances 113 87 30% 153 211 -27%
Dangerous Buildings 5 7 -29% 17 12 42%
Zoning 3 1 200% 4 2 100%
#DIV/0! #DIV/0!
Total Cases 381 568 -33% 816 1,051 -22%
Total Inspections 1,066 1,085 -2% 2,140 2,019 6%
Total Admin Inspections 12 8 50% 28 69 -59%
Total # of Violations 545 698 -22% 1,214 1,258 -3%
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 152
Dangerous Buildings – 52
235-239 W Loockerman - Early stages of demolition has been started.
37 S New St – Property has transferred ownership and will be demolished within 60
days.
Page 189
Paj 190
Building Inspections & Licensing Summary Item #23.
July 2021—
July 2022–
Current June 2023 AUGUST 2021 June 2022
PERMITTING AND LICENSING
Permits Issued AUGUST
(2022) AUGUST
FY 23 FYTD 23 (2021) FY22 FYTD 22
Administrative Permit
11 16 10 15
Building Addition/Renovation Permits 24 58 31 67
Building Permits
40 76 20 51
Demolition Permits
0 1 1 3
Fence Permits 26 42 12 31
Fire Prevention Permits 9 17 10 13
Mechanical Permits
36 65 23 59
Plumbing Permits
29 68 21 37
Sign Permits 4 14 22 52
Swimming Pool Permits
1 4 0 1
Subtotal 361 329
Business Licenses 912 1365 384 1420
Merchant Licenses
171 236 112 254
Contractor Licenses
636 874 290 901
Subtotal 2475 2575
Lodging House Licenses
2 3 0 13
Public Occupancy
20 26 11 38
Rental Dwelling 35 52 19 35
Subtotal 81 86
Manufactured Homes
94 200 66 193
BUILDING INSPECTIONS
Inspections AUG (2022) AUG (2021)
FY 23 FYTD 23 FY22 FYTD 22
Building (Inspections/CBI/Site Meetings)
341 693 328 615
Plumbing/Mechanical
345 817 226 481
Certificate of Occupancy
22 44 6 15
Page 190
Paj 191
Item #23.
Fire Marshal’s Office—At a Glance
The Fire Marshal’s Office staff investigated three
(3) incidents during the month of August to in-
clude a fire loss at 195 Commerce Way and 46 Par
Haven Dr..
Staff is conducting Annual Fire and Life Safety In-
spections at educational occupancies as well as
colleges. Staff has also been conducting annual in-
spections on food trucks operating within the
City of Dover.
Staff is working with the Dover Police Depart-
ment in reference to Knox Box keys.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 51 74 84
Deficiencies From the Above Inspections 344 458 628
Fire Code Violations/Deficiencies/Complaints 38 60 63
C/O & Fire Equipment Acceptance Tests 19 29 18
Meetings & Walk Through 33 42 38
Fire Plan Review & DAC 10 30 17
Month Year to Date Previous Year to Date
Accidental 3 totaling $72,001 7 totaling $87,601 2 totaling $1,500
Undetermined 0 0 1 totaling $20,000
Incendiary 0 3 totaling $4,000,002 0
Arrest Made with DPD 0 1 0
Investigation Time 8 40 hours 10 hours
Injuries 0 0 0
Deaths 0 0 0
Page 191
Paj 192
Item #24.
Page 192
Paj 193
Item #24.
DEPARTMENT OF POLICE
Thomas A. Johnson, Jr. 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
October 10, 2022
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for August 2022:
COMPLAINTS/EVENTS
YTD Totals compiled through August 2022 numbered 27,033.
This represents an increase of 969 from the 26,064 reported over the same period in 2021.
40,000
29,257 27,830 27,033
30,000 26,064
21,791
20,000
10,000
0
2018 2019 2020 2021 2022
CRIMINAL INVESTIGATIONS
Burglary: 3 cases reported, 2 cases cleared and 3 cases cleared from previous months.
Robbery: 1 cases reported, 1 cases cleared and 0 cases cleared from previous months.
Sex Assault: 5 cases reported, 4 cases cleared and 0 cases cleared from previous months.
Homicide: 0 cases reported.
There were 8 Non-Criminal Death Investigations, all of which were cleared.
1|Page
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Paj 194
Item #24.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 3,103.6 grams seized
Cocaine: 984.84 grams seized
Ecstasy: 15.4 doses seized
Prescription Pills: 6 doses seized
Heroin: 18.521 grams seized
Methamphetamine: 19.94 grams seized
Fentanyl: 386.6 grams seized
Other Rx Drugs: 0 grams/doses seized
Drug Proceeds: $22,352 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10
4
5 2 1 1
0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 8 Handguns and 2 Rifles.
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through August numbered 3,955.
This represents a decrease of 928 from the 4,883 reported over the same period in 2021.
7,000 6,430
6,205
6,000
4,883
5,000
3,955
4,000
3,239
3,000
2,000
1,000
0
2018 2019 2020 2021 2022
TRAFFIC CRASHES: YTD = 1,502
2|Page
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Paj 195
Item #24.
911 CENTER ACTIVITY
Total compiled during August numbered 8,262 calls.
This represents an increase of 109 from the 8,153 reported during the same period in 2021.
8,400
8,262
8,200 8,153
8,105
8,000
7,761
7,800
7,600
7,400 7,286
7,200
7,000
6,800
6,600
2018 2019 2020 2021 2022
CITY ORDINANCE SUMMONS
YTD Totals compiled through August numbered 2,559.
This represents a decrease of 64 from the 2,623 reported over the same period in 2021.
4,000 3,401 3,334
3,500
3,000 2,623 2,559
2,333
2,500
2,000 1,613
1,242
1,500 898
1,000 635 484
500
0
2018 2019 2020 2021 2022
ISSUED 3,401 3,334 2,333 2,623 2,559
PAID 1,613 1,242 898 635 484
3|Page
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Paj 196
Item #24.
COMMUNITY POLICING
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement
activities. In addition to those duties, the unit accomplished the following in August:
Continued preparation for Faith and Blue weekend events
“Touch a Truck” event at Children’s Secret Garden
“Touch a Truck” at HQ during a Learning Tree Daycare visit
Assisted Code Enforcement with an encampment situation near Joanne Fabric
Assisted Capital PD with an encampment situation near the DNRC building
Participation in National Night Out [Community Response Vehicle included]
Participation in Luther Village Veterans Affairs event
Participation in Tracy Palmer community event on Legislative Mall
Delivered training at the Calvary Baptist Church
Addressed a parking issue on Tucket Circle
Attended Kirkwood Neighborhood Watch meeting
Attended Acorn Farms HOA meeting
Attended a wall raising at 13 S. New Street
Follow up on a mental health situation on Stevenson Drive on two separate days
Community Response Vehicle visited the Liberty Court area and Loockerman Street
Organized a “back to school” event for the Manchester neighborhood [Community
Response Vehicle included]
Received “Red Cap” training (software for the behavioral health program)
Action and Follow-up for a basketball complaint in the Hamlet neighborhood
Participation in the Community against Gun Violence outreach event on S. New Street
Participation in the Book Bag hand out in Williams Park in support of “302 Movement”
Participated in a statewide “Mediation” skills training
Community Outreach meet and greet at Capital Green
Assisted Code Enforcement with an encampment at 245 N. DuPont Highway
Follow up on other encampments reported in the area of 256 College Road
Initiated a DFS event that lead to a safety plan and emergency custody solution.
Participation in the Kent County Crime Watch Meeting
Meeting with manager of Baytree, Whatcoat, and Liberty Court regarding ongoing issues
Support several understaffed patrol shifts
Addressed panhandling in dangerous location at the Rt. 13 split
Fugitive apprehension during a call for service
Community Response Vehicle visited the Manchester and Capital Green neighborhoods
Community Response Vehicle participated in the BBQ for the City
Behavioral Health Unit made 26 field contacts and took official actions with 16 clients.
Continued foot patrols along Loockerman Street Corridor
Members of the CPU attend numerous meetings with community associations and organizations
as a part of our ongoing liaison relationships.
CHIEF’S ADVISORY COMMITTEE
4|Page
Page 196
Paj 197
Item #24.
The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders
living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on
the various operations of the agency. August activity is as follows:
The Advisory Committee met on August 10, 2022. Youth representative advised that she
is currently organizing the sub-committee members from Dover HS. This process will
continue into the new school year. She is hopeful for a September first meeting.
The committee was asked to offer feedback on a draft version of our recruitment video
that is under construction. Comments were generally positive but certain sections
appeared a little bit staged. Recommendations were to add more community activities to
the “B-roll” footage.
The committee was briefed on the ongoing discussions related to our local loitering
ordinance. With no major criticisms to the draft recommendation, the Council members
that were present stated that it would be brought into council consideration during the
month of December.
The committee made plans to set the next meeting date via email as there were several
potential schedule challenges.
PROGRAMS AND INITIATIVES
The second hiring cycle produced 3 candidates and offers of employment were made.
Those offers were accepted and a total of 6 Dover Recruit Officers will enter the Dover
Municipal Police Academy on October 9, 2022. The combined effort of both cycles did
not cover all open positions. The Department continues to advertise and the next cycle of
assessment will be in early October. There is still one potential candidate on military
deployment and may be available for the beginning of 2023.
The State law was recently modified on the topic of truck parking. A copy of HB479 was
sent to the City Manager for his review. It appears that an authority has been established
to accept applications to ban this troublesome parking on select highways of concern.
Much needs to be learned about the new statute including the approval process.
The Police Department held its annual “National Night Out” at the Dover High School
with very large turnout from the community. We would like to that the many
organizations from around Dover, our military service members, our public safety
partners, our co-workers from the City and our community for coming together to enjoy
an evening of fun and discovery.
Please visit our website at www.doverpolice.org for up to date information on crimes and
activities in the City of Dover.
Respectfully Submitted,
Chief of Police
5|Page
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Paj 198
ACTION FORM
Item #26.
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: October 4th, 2022
PREPARED BY: Mary Ellen Gray, Director of Planning and Inspections, & Eddie Kopp, Chief Code
Enforcement Officer
SUBJECT: Asbestos Remediation for 235-239 West Loockerman Street
REFERENCE:
RELATED PROJECT: Demolition Order August 15, 2022
REVIEWED BY: David S. Hugg III, City Manager
EXHIBITS: Asbestos Inspection Report & Recommended Bid Phase I and Estimated Phase II
EXPENDITURE REQUIRED: $128,531.10 AMOUNT BUDGETED: $250,000.00
FUNDING SOURCE (Dept./Page in CIP & Budget): 100-11-16-20-000-53033-
TIMETABLE:
STAFF RECOMMENDATION: Approve the selected bid for asbestos remediation Phase I and II
BACKGROUND AND ANALYSIS
235-239 W Loockerman St was condemned due to a fire that occurred in March 2022. The building was
presented before City Council on August 15, 2022, and the building was ordered demolished. As a part of the
demolition process Compliance Environmental was contacted to conduct an asbestos survey of the property.
The survey concluded there was asbestos throughout the property. This was confirmed by lab testing.
Compliance Environmental sent out bid requests for the remediation of the asbestos. A pre-bid meeting took
place on September 27, 2022. All interested parties had the opportunity to walk the building prior to submitting
their bid. A total of three bids was received for phase I of the project. The bids submitted were $183,650.00
County Environmental Company, $124,000.00 Plymouth Environmental Company Inc, and Bristol
Environmental Inc $122,318.00. AIM Environmental was present at the pre-bid meeting but decided not to bid
on the project. Since Bristol Environmental Inc was the lowest bidder, they were contacted by Compliance
Environmental to discuss the scope of work and later amended their bid to $89,825.00. for phase I. They also
provided a Time and Material Project Detail report that will be used for phase II of the asbestos remediation
with a estimated cost of $38,706.10. Staff recommendation is to award the bid to Bristol Environmental Inc.
Page 198
Paj 199
Item #26.
•..----.~ COMPLIANCE ENVIRONMENTAL, INC.
150 SOUTH BRADFORD STREET, DOVER, DELAWARE 19904
~ PHONE: 302-674-4427 FAX: 302-674-4429
www.compliancecanhelp.com
Science. Technology, Management
September 22, 2022
Mr. Eddie Kopp, Chief Code Enforcement Officer
City of Dover, Division of Code Enforcement
P.O. Box 475
Dover, Delaware 19903
Reference: 233,235,237, and 239 West Loockerman Street, Dover, Delaware: Summary
of an Asbestos NESHAP Inspection.
Dear Mr. Kopp:
The above referenced buildings were inspected by Compliance Environmental, Inc. for asbestos
containing materials (ACMs) in accordance with the Asbestos National Emissions Standards for
Hazardous Air Pollutants (NESHAP) in 40 CFR Part 61, and the State of Delaware Regulations
Governing the Control of Air Pollution, Regulation No. 21 Section 10. The inspection was
performed September 7, 8, and 9, 2022 and was limited to testing of exposed and accessible
building components. The inspection included a three-story commercial building that consists of
(3) first floor store front businesses and (6) apartment units (approximately 15,368 total square-
feet) located on the property.
However, due to heavy fire damage and possible structural damage within the building, not all
areas of the building could be safely accessed during the inspection. Therefore, this inspection did
not include opening inaccessible areas within the floors, walls, or ceilings. Also, due to unsafe
conditions, this inspection did not include moving building materials and fIre damaged debris that
was observed on floor surfaces to prevent possible release of asbestos fIbers. Please refer to
drawings in Attachment B for areas of the floors that were inaccessible from debris.
It is anticipated that the building will be demolished. During the inspection, bulk samples were
collected from both exterior and interior building materials suspected of containing asbestos. See
Attachment B for sample location drawings. Samples were sent via overnight delivery to EMSL
Analytical, Inc., an independent analytical laboratory located in Cinnaminson, New Jersey, for
asbestos analysis of bulk materials using Polarized Light Microscopy (See Attachment C).
According to the State of Delaware, all materials identifIed as having an asbestos content greater
than one-percent asbestos content are regulated. Therefore, prior to any disturbance of ACMs
including renovation or demolition activities, a State of Delaware licensed asbestos abatement
contractor must be employed to properly remove all ACMs.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 199
Paj 200
Item #26.
Mr. Eddie Kopp 233,235,237, and 239 West Loockerman St, Dover, Delaware:
September 22,2022 Summary of an Asbestos NESHAP Inspection
Page 2 of3
Based on the laboratory analytical results of samples, exterior and interior ACMs are listed
in Table 1. Please refer to Attachment A for Table 1.
Prior to disturbing any asbestos-containing materials, a State of Delaware licensed asbestos
abatement contractor must be employed to properly remove any asbestos-containing
materials. Please refer to Attachment B for asbestos location drawings. In addition, all
asbestos-containing materials must be properly handled, stored, transported and disposed.
After all asbestos abatement is completed, a State of Delaware licensed asbestos firm should
be employed to perform a final clearance inspection to verify all asbestos-containing
materials have been properly abated from the building prior to demolition or renovation
activities.
Additionally, building materials located under debris and in the floors, walls, and ceiling
were inaccessible, due to unsafe conditions. Since a complete inspection could not be
performed at the building, it is possible there are asbestos-containing materials and suspect
asbestos-containing materials that have not been tested located in inaccessible portions of
the building. Therefore, we recommend a State of Delaware licensed professional firm and
asbestos abatement contractor be onsite during all demolition activities to properly remove
any asbestos-containing materials identified during building demolition. Further, we
recommend preparing a work plan prior to demolition which identifies hazards and
procedures and protocols which will be used during the demolition process.
RELIANCE
This report is not a bid specification, work plan, design or protocol and shall not be used as same.
All quantities contained in this report are approximate and shall not be relied upon to perform any
further work. This report has been prepared for the exclusive use of the Client named in this
report, and any use or reliance by any other party is prohibited without the express written
consent of the named Client or CEl. Notwithstanding the foregoing, any third party reliance that
may be had is limited to the value of the services provided by CEI with said limit aggregate to any
and all relying parties (unless otherwised agreed in writing). By accepting delivery of this report,
the recipient agrees to hold CEI, and all officers and employees ofCEI, harmless from any and all
claims, damages, or liability of any kind, including, but not limited to, any claim or cause of action
for monetary or any other form of damages. In any event, CEl's maximum liability to Client shall
not exceed the cost of the services performed by CEI for Client.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 200
Paj 201
Item #26.
Mr. Eddie Kopp 233,235,237, and 239 West Loockerman St, Dover, Delaware:
September 22, 2022 Summary of an Asbestos NESHAP Inspection
Page 3 of3
If you have any questions or require additional information, please call (302) 674-4427.
Sincerely,
COMPLIANCE ENVIRONMENTAL, INC.
Jamie S. Dill
Certified Asbestos Building Inspector
jdill@compliancecanhelp.com
Valentino P. De RociIi, Ph.D., CHMM
Senior Principal Consultant
vderocili@compliancecanhelp.com
ATTACHMENTS:
Attachment A: Summary Tables
Attachment B: Asbestos Location and Inaccessible Floor Area Drawings.
Attachment C: Sample Location Drawings.
Attachment 0: EMSL Laboratory Analytical Results.
Attachment E: Certifications.
Compliance Environmental, Inc. COD-233-239WLoockennanSt-ACM-Insp.wpd Page 201
Paj 202
Item #26.
ATTACHMENT A
Summary Tables
Table 1. Summary of Positive Asbestos-Containing Materials and Inaccessible
Areas.
Table 2. Summary of Assumed Asbestos-Containing Materials.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 202
Paj 203
Item #26.
Table 1.
Summary of Positive Asbestos-Containing Materials and Inaccessible Areas.
I A I B I C I D I E I F I
Sample Laboratory Approximate
Building Material Location and Description Color
ID: Result Quantity
NOTE A complete asbestos building inspection could not be performed due to heavy fire damage. Several areas of the
building were inaccessible due to debris and unsafe conditions. For safety reasons and possible release of asbestos fibers,
this inspection did not include moving debris or opening floors, walls, or above ceilings. The building is currently in a
dangerous condition which would not allow a complete asbestos building inspection to be performed.
BUILDING EXTERIOR
Third Floor Roof - 237/239 West
Loockerman Street: Tar Coating over
Asbestos Roof Coating over Rubber
Roof Membrane over Wood.
2,300 SF
NOTE: Several areas of the third floor
roof has collaQsed onto the third floor
below or is hanging down.
Third Floor Roof - 233/235 West RR-2, 2 to 3 %
Gray,
Roof Coating Loockerman Street: Tar Coating over RR-5, Chrysotile
Silver 2,000 SF
Asbestos Roof Coating over Rubber RR-8
Roof Membrane over Wood.
Second Floor Roof: Tar Coating over
Asbestos Roof Coating over Rubber
Roof Membrane over Wood.
500 SF
NOTE: Second Floor Roof is located
below remnants of a Third Floor A-
frame roof.
Third Floor Roof - Entire ParaJ2et Walls FLT-IO,
and AJ2J2roximatel:r 4-vertical Feet on FLT-II, Gray, 6 to 8 %
1,600 SF Total
Chimney: Asbestos Flashing Tar FLT-12, Black Chrysotile
located a Parapet Walls and Roof Edge. FLT-13
Second Floor Roof - Roof and Wall Gray,
FLT-14, 6 to 8 %
Flashing Tar Interface: Asbestos Flashing Tar located Black 100 LF
FLT-15 Chrysotile
on building wall and roof edge interface.
First Floor - West and South Side -
Building and Sidewalk Interface: FLT-19, Gray, 6%
200 LF
Asbestos Flashing Tar located on FLT-20 Black Chrysotile
Masonry wall and concrete sidewalk
INTERIOR - 235 WEST LOOCKERMAN STREET - FIRST FLOOR
Bathroom #2: Wood over 12" x12" Floor
2%
Floor Tile Tile over Asbestos 12" x12" Floor Tile FT-II White 15 SF
Chrysotile
(Mastic not Asbestos) over Wood.
Compliance Environmental, Inc. Page 1 of3 COD-233-239WLoockermanSt- Table I-ACM.wpd
Page 203
Paj 204
Item #26.
I A I B I c I D I E I F I
Sample Laboratory Approximate
Building Material Location and Description Color
ID: Result Quantity
INTERIOR - 237 WEST LOOCKERMAN STREET - FIRST FLOOR
Front Room and Back Room: Asbestos
Pipe Coverings (Insulation and
Fittings) located above Ceiling Tile and PINS-I,
Pipe Coverings
Drywall. PINS-2, Gray, 25 to 45 %
(Insulation and 300 LF
PF-3, White Chrysotile
Fittings)
NOTE: Portions of the Ceiling have PF-4
fallen exposing areas with Asbestos
Pipe Coverings.
INTERIOR - 237/239 WEST LOOCKERMAN STREET - BASEMENT
Room #3: Asbestos Pipe Fittings located Gray, 50 %
Pipe Fittings PF-4 15 EA
overhead. White Chrysotile
INTERIOR - 239 WEST LOOCKERMAN STREET - FIRST FLOOR
Front Room: Asbestos Pipe Coverings
(Insulation and Fittings) located above 10 LF
Ceiling Tile and Drywall. PINS-I,
Pipe Coverings
PINS-2, Gray, 45 to 60 %
(Insulation and Throughout First Floor - Debris: PF-3, White Chrysolile 1,500 SF Total
Fittings) Asbestos Pipe Coverings (Insulation PF-4 Entire First Floor
and Fittings) located commingled in
Area
--
fallen debris on the floor.
Front Room: 12" x 12" Floor Tile over
Lauan over Asbestos Floor Tile and
Floor Tile and Assumed Mastic over Wood. FT-14, Brownl 3%
900 SF
(Assumed Mastic) FT-16 Black Chrysoile
NOTE: Due to fire damage no mastic
sam~les could be collected for analvsis.
NOTE: Fallen debris and fire damaged building materials are located throughout the unit on floor surfaces. The floors
located in the Back Room, Hallwav, and Bathroom were inaccessible.
INTERIOR - 237/239 WEST LOOCKERMAN STREET - APARTMENTS 2A & 2B - SECOND FLOOR
NOTE: Fallen debris and fire damaged building materials are located on floor surfaces throughout the units. The floors
located in the Kitchens and Bathrooms were inaccessible.
Compliance Environmental, Inc. Page 2 of3 COD-233-239WLoockermanSt- Table l-ACM.wpd
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Paj 205
Item #26.
I A I B I c I D I E I F I
Sample Laboratory Approximate
Building Material Location and Description Color
ID: Result Quantity
INTERIOR - 237/239 WEST LOOCKERMAN STREET - APARTMENTS 3A & 3B - THIRD FLOOR
Third Floor AQartments- 3A and 3B:
Several areas of the third floor roof has
collapsed and Asbestos Roofing SEE EXTERIOR
RR-2,
Gray, 2 to 3 % ROOF
Roof Materials Materials (Roof Coating and Flashing RR-5,
Silver Chrysotile COATINGS
Tar) is located throughout the RR-8
ITEM
apartments on the floor commingled
with other debris.
NOTE: Fallen debris and fire damaged building materials are located on floor surfaces throughout the units. The floors
located throughout the third floor were inaccessible.
Note: SF = Squar-feet, LF = Lmear-feet, CF = CubIc-teet, EA = Each
This table is written to be included in the report entitled, "233, 235, 237, and 239 West Loockerman Street, Dover, Delaware:
Summary of an Asbestos NESHAP Inspection. " dated September 22, 2022, and must be used in conjunction with said report
including the scope of services, all assumptions and limitations.
Compliance Environmental, Inc. Page 3 of3 COD-233-239WLoockermanSt- Tablel-ACM.wpd
Page 205
Paj 206
Item #26.
Table 2.
Summary of Assumed Asbestos-Containing Materials.
I A
I B
I c I E
I F
I
Laboratory Approximate
Building Material Location and Description Sample ID:
Results Quantity
Asbestos Pipe Coverings were
identified on pipes in areas of the
ceiling that had fallen from fire
damage on the first floor and
basement of 237/239 West PINS-I, PINS-2,
Pipe Coverings
Loockerman St. However, the pipes PF-3, PF-4, 25 to 60 %
(Insulation and 1,500 LF
appear to be abandoned. Therefore, PINS-I, PINS-2, Chrysotile
Fittings)
abandoned pipes with Asbestos Pipe PF-3, PF-4
Coverings are assumed located
throughout the building at
inaccessible locations within walls,
floors, and ceilings.
239 West Loockerman - First Floor -
Back Room and Bathroom: Assumed
Floor Tile and 3%
Asbestos Floor Tile and Mastic FT-14, FT-16 500 SF Total
Mastic Chrysotile
underneath debris from heavy fire
damage.
237/239 West Loockerman Street -
Second and Third Floor Al2artments:
Inaccessible no samples collected due to
Sink Undercoating Metal Sinks with Assumed Asbestos 4 Locations
unsafe access conditions.
Sink Undercoating located in the
Kitchen of each unit.
237/239 West Loockerman St (Third
Floor - 4 Units} - 233 West Loockerman
Boiler: Internal St (Second and Third Floor - 2 Units} - Inaccessible no samples collected due to
6EA
Components HVAC Rooms: Boiler and internal unsafe access conditions.
boiler components located in
HVAC/Boiler Rooms.
Note: SF = Square-Feet, CF = Cubic-Feet, LF = Linear-feet, EA = Each
This table is written to be included in the report entitled, "233,235,237, and 239 West Loockerman Street, Dover, Delaware:
Summary oIan Asbestos NESHAP Inspection. " dated September 22, 2022, and must be used in conjunction with said report
including the scope of services, all assumptions and limitations.
Compliance Environmental, Inc. Page I of I COD-233 -239WLoockerman St-Table2-Assumed. wpd
Page 206
Paj 207
Item #26.
ATTACHMENT B
Asbestos Location and Inaccessible Floor Area Drawings.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 207
Paj 208
Item #26.
Second Floor Roof
located below fire damaged
A-frame Roof
••
LEGEND
~
= Location
Please
= Location
Please
of Asbestos Flashing Tar.
see Table 1 for more description
of Asbestos Roof Coating.
see Table 1 for more description
and quantites.
and quantites.
IDRAWING AI
NOTE: This drawing is diagrammatic, not to scale or proportion.
City of Dover ~ COMPLIANCE
£§:
ENVIRONMENTAL. INC.
233. 235. 237. 239 West Loockerman Street. Dover. Delaware Environmental Health & Safety Consultants
Drawing A: Exterior 150 South Bradford Street, Dover. Delaware 19904
Asbestos-Containing Material Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21. 2022
COD-213-Z39WLoockermanSI-Ext-ACMLoc-A.srf
Page 208
Paj 209
Item #26.
233 to 239 West Loockerman Street. Dover. Delaware
Interior - Asbestos Locations
PLAN VIEW
Basement
_j
Back Store _f Room #1
-~-,~-~'---
Room #4 Store Front
Back Area
239W. 235W. 239W. 237W. 235 W. 233 W.
Loockerman Loockerman Loockerman Loockerman Loockerman Loockerman
Street Street Street Street Street Street
West Loockerman
- - -Street- - -
Assumed Asbestos.Containing Materials lIable 2)
LEGEND Assumed Pipe Coverings (Insulation and Fittings)
Throughout Building at Inaccessible Locations
= Location of AsbestosPipe Coverings. Within Walls, Floors, and Ceilings,
~ Please see Table 1 for more description and quantites.
~ = Assumed Floor Tile and Mastic. Access to this
= Location of Asbestos Floor Tile, Please see Table 1 ~ area limited due to fire damage unsafe condition.
~ for more description and quantites,
lrnI = Location of Asbestos Pipe Coverings, Floor Tile and Assumed Mastic.
Please see Table 1 for more description and quantites,
DRAWING B
NOTE: THIS DRAWING IS DlAGRAMMA TIC WITH APPROXIMATE OUANTITIES. NOT TO SCALE OR PROPORTION
City of Dover :.
233,235,237,239 West Loockerman Street, Dover, Delaware COMPLIANCE ENVIRONMENTAL, INC.
Drawing B: Interior - Basement and First Floor Environmental Health & Safety Consultants
150 South Bradford Street, Dover, Delaware 19904
Asbestos-Containing Material Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21, 2022
COD-233·239WLoockennanSt·FF&B·ACMLoc·B,srf
Page 209
Paj 210
Item #26.
233 to 239 West Loockerman Street. Dover. Delaware
Interior - Asbestos Locations
PLAN VIEW
Second Floor
Closel
Laundry
Laundry
••.!_ J
Bathroom
Bat:;oom ~
1
Closet
Bedroom
Bedroom
#3
Living #2
Room
>- Bedroom
>- Bedroom
#2
~ ~ #1
_--- ...•
ii _----iii
l: ::t:
Kitchen I
0;",,,,,.:11
Living Living
Living Room Room
Bedroom #1 #1
Room #2
Living Room Bedroom #2
239/237W. 233W.
239/237 W. 233W.
Loockerman Loockerman
Loockerman Loockerman
Street Street
Street Street
Assumed Asbestos-Containing Materials lIable 2)
Assumed Pipe Coverings (Insulation and Fittings)
Throughout Building at Inaccessible Locations
Within Walls, Floors, and Ceilings.
* = Location of Asbestos Sink Undercoating.
~ = Location of Boilers Rooms.
West Loockerman
LEGEND Street- -
= Location of Asbestos Roofing Materials. Fire damaged roofing collapsed
into Third Floor. Please see Table 1 for more description and quantites.
DRAWING C
NOTE: THIS ORA WING IS DIAGRAMMATIC WITH APPROXIMATE OUANTITIES. NOT TO SCALE OR PROPORTION
City of Dover :.
233,235,237,239 West Loockerman Street, Dover, Delaware COMPLIANCE ENVIRONMENTAL, INC.
Environmental Health & Safety Consultants
Drawing C: Interior - Second and Third Floors 150 South Bradford Street, Dover, Delaware 19904
Asbestos-Containing Material Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21, 2022 COD·233·239WLoockermanSt·lnt·SF &TF ·ACMLoc·C.sr[
Page 210
Paj 211
Item #26.
233 to 239 West Loockerman Street. Dover. Delaware
Interior - Inaccessible Floor Area Locations
PLAN VIEW
Basement First Floor
Room #1 Room #2
Back Office l
Front Area
Room #4
Room #3
_j
Room #4 Front Room
Back Store _f Room #1
Room #4 Store Front
Back Area
239W. 235W. 239 W. 237W. 235 W. 233 W.
Loockerman Loockerman Loockerman Loockerman Loockerman Loockerman
Street Street Street Street Street Street
West Loockerman
- - -Street - -
LEGEND
ca = Inaccessible floor areas due to debris. heavy fire damage and possible structural damage.
NOTE: THIS DRAWING IS DIAGRAMMATIC WITH APPROXIMATE OUANTITIES. NOT TO SCALE OR PROPORTION
I DRAWING D I
City of Dover :.
233.235,237, 239 West Loockerman Street, Dover, Delaware COMPLIANCE ENVIRONMENTAL. INC.
Drawing D: Interior - Basement and First Floor Environmental Health & Safety Consultants
150 South Bradford Street. Dover, Delaware 19904
Inaccessible Floor Area Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21, 2022
COD~233·239WLoockermanSt-lnl-FF&B-lnaccLoc-D.srf
Page 211
Paj 212
Item #26.
233 to 239 West Loockerman Street. Dover. Delaware
Interior - Inaccessible Floor Area Locations
PLAN VIEW
Closet HVAC
Bedroom #2
Bedroom #1
Laundry
Bath~oom
Closet
i Bathroom
laundry
"':~mj Bathroom
Clo!>at
Bedroom
#3
Bedroom
#2
I
Bedroom
..._----<
ic; #2
Bedroom
#1
::r::
Emergency
Exit Kitchen
living Living
Living Room Room
Bedroom #1 #1
Room #2
Living Room Bedroom #2
239/237 W. 233W.
239/237W. 233W.
loockerman loockerman
loockerman loockerman
Street Street
Street Street
West Loockerman
- - -Street - -
LEGEND
E21 = Inaccessible floor areas due to debris. heavy fire damage and possible structural damage. DRAWING E
NOTE: THIS DRAW[NG [S DIAGRAMMATIC WITH APPROX[MATE OUANTlTIES. NOT TO SCALE OR PROPORTION
City of Dover :.
233.235,237.239 West Loockerman Street, Dover. Delaware COMPLIANCE ENVIRONMENTAL. INC.
Environmental Health & Safety Consultants
Drawing E: Interior - Second and Third Floors 150 South Bradford Street, Dover, Delaware 19904
Inaccessible Floor Area Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21, 2022 COD~233·239WLoockermanSI-Inl-SF -&TF-lnaccLoc-E.srf
Page 212
Paj 213
Item #26.
ATTACHMENT C
Sample Location Drawings.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 213
Paj 214
Item #26.
LEGEND
x = Location of Suspect Asbestos bulk samples collected on September 9, 2022.
NOTE: This drawing is diagrammatic, not to scale or proportion_
IORAWINGFI
City of Dover ~ COMPLIANCE ENVIRONMENTAL, INC.
233, 235, 237, 239 West Loockerman Street, Dover, Delaware
Drawing F: Exterior
Suspect Asbestos-Containing Material Sample Locations
September 21, 2022
£§: Environmental Health & Safety Consultants
150 South Bradford Street, Dover, Delaware 19904
Phone: 302-674-4427 www.compliancecanhelp.com
COD.233-239WLoockemlanSI-E,xI-SampLoc·F.srl
Page 214
Paj 215
Item #26.
233 to 239 West Loockerman Street. Dover. Delaware
Interior - Sample Locations
PLAN VIEW
Basement First Floor
Exit
Room #1 Room #2 X FT-12
Front Area DW-l0
Room #4
Room #3 PF-4 X XCT-8 JC-Siv
OW-6~
Back Store [
Room #4 Front Room Front Room Room #1
OW-11 JC-3V
OW-4n
PINS-2
X PF-3 PINS-2
CT-9
X X PF 4
-
Pl-8
SC-S Store Front
Room #4 Back Area FT-1S
Pl-6
PS
X
j
Xx : ;: FT_16OW-9
XCT-1
FT-14
239W. 235W. 239W. 237W. 235 W. 233 W.
Loockerman Loockerman Loockerman Loockerman Loockerman Loockerman
Street Street Street Street Street Street
West Loockerman
- - -Street-
LEGEND
X = Location of Suspect Asbestos bulk samples collected on September
NOTE: THIS DRAWING IS DIAGRAMMATIC WITH APPROXIMATE OUANTITIES.
7,8 and 9, 2022.
NOT TO SCALE OR PROPORTION
I DRAWING G I
City of Dover
233,235,237,239 West Loockerman Street, Dover, Delaware COMPLIANCE ENVIRONMENTAL, INC.
Environmental Health & Safety Consultants
Drawing G: Interior - Basement and First Floor 150 South Bradford Street, Dover, Delaware 19904
Suspect Asbestos-Containing Material Sample Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21,2022
COD·233-239WLoockermanSt- Int·FF &B·SampLoc-G.srf
Page 215
Paj 216
Item #26.
233 to 239 West Loockerman Street, Dover, Delaware
Interior - Sample locations
PLAN VIEW
_- ~ •••••'WI2'SC-4
Pl-5
HVAC
DW-6
HVAC
Bedroom #2
Bedroom #1
G-Z
Laundry
Bau!oom
Closet
i X
Bathroom
FT-10
FT-11
FT-12
Bedroom #2
Bedroom #1
~ Bedroom XCT-14 XCT-1
'<
#3
Living
_R_o_om---,-x~~ur~,
Dining
DW-12
2AXCT-6
I I SU-g
_--r--r--_'~
~
.., Bedroom
#2
Living
R;;;K{_ R0"J-
l-S
DW-9 X
Dining
CT-2
3A
Bedroom
#1
Kitchen EmeE~i~ncy Emergency
Kitchen X CT-13 Kitchen hit Kitchen
~-----------+2B.'-~----~_ 3B-r---...••
Dining Dining
Bedroom #1
Room Room
JC-15 -.---I~
DW-16 c••,•• -DC-3
SC-4
Pl-5
Bathr
Living Room Bedroom #2
Living
Room
WG-37
Bedroom #1
WG-36
Living Room
-+
SC-10 X
Pl-11
DW-12 Bedroom #2
XCT-3 Living
Room
#1
I
239/237 W. 233W.
239/237W.
Loockerman Loockerman Loockerman Loockerman
Street Street
Street Street
West Loockerman
- - -St;eet
LEGEND
X =: Location of Suspect Asbestos bulk samples collected on September 7, 8 and 9, 2022.
DRAWING H
NOTE: THIS DRAWING IS DIAGRAMMATIC WITH APPROXIMATE OUANTITIES. NOT TO SCALE OR PROPORTION
City of Dover :.
233, 235, 237, 239 West Loockerman Street, Dover, Delaware COMPLIANCE ENVIRONMENTAL. INC.
Environmental Health & Safety Consultants
Drawing H: Interior - Second and Third Floor 150 South Bradford Street, Dover, Delaware 19904
Suspect Asbestos-Containing Material Sample Locations Phone: 302-674-4427 www.compliancecanhelp.com
September 21,2022
COD-233-239WLoockennanSt-lnt-SF & TF-SampLoc- H.srr
Page 216
Paj 217
Item #26.
ATTACHMENT D
EMSL Laboratory Analytical Results.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 217
Paj 218
Item #26.
EMSL Order: 042222479
EMSL Analytical, Inc.
Customer ID: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (600) 220-3675/ (856) 786-5974
Project ID:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/08/2022 9:20 AM
Dover, DE 19904 Analysis Date: 09/15/2022
Collected Date: 09/07/2022
Project: City Of Dover P&I - 235 West Lockerman S1.
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-ASbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
CT-1 Tan Ceiling Tile 2'x4' - Gray/TanlWhite 50% Cellulose 20% Non-fibrous (Other) None Detected
Store Front Fibrous 30% Min. Wool
042222479·0001 Homogeneous
CT-2 Tan Ceiling Tile 2'x4' - Gray/TanlWhite 50% Cellulose 20% Non-fibrous (Other) None Detected
Bathroom #1 Fibrous 30% Min_ Wool
042222479·0002 Homogeneous
JC-3 White Joint White 100% Non-fibrous (Other) None Detected
Compound - Store Non-Fibrous
042222479·0003 Front Homogeneous
DW-4 White Drywall - Store Brown/White 15% Cellulose 85% Non-fibrous (Other) None Detected
Front Fibrous
042222479·0004 Homogeneous
JC-5 White Joint White 100% Non-fibrous (Other) None Detected
Compound - Hallway Non-Fibrous
042222479·0005 Homogeneous
DW-6 White Drywall - BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Hallway Fibrous
042222479·0006 Homogeneous
FT-7 Brown Floor Tile Brown 25% Cellulose 75% Non-fibrous (Other) None Detected
12"x12" - Bathroom Fibrous
042222479·0007 #1 Heterogeneous
Sampe contains a floor tile not layered out per clients request.
PL-8 Gray Plaster - Store GraylWhite 3% Hair 97% Non-fibrous (Other) None Detected
Front Non-Fibrous
042222479·0008 Heterogeneous
FT-9 Gray Floor Tile Gray 100% Non-fibrous (Other) None Detected
12"xI2" - Office Non-Fibrous
042222479·0009 Homogeneous
FT-10 Brown Floor Tile Brown 100% Non-fibrous (Other) None Detected
12"xI2" - Bath #2 Non-Fibrous
042222479·0010 Homogeneous
FT-11 White Floor Tile White 98% Non-fibrous (Other) 2% Chrysotile
12"xI2" - Bath #2 Non-Fibrous
042222479·0011 Homogeneous
FTM-12 Yellow Floor Tile Yellow 100% Non-fibrous (Other) None Detected
Mastic-12"x12" - Bath Non-Fibrous
042222479·0012 #2 Homogeneous
FT-13 White Floor Tile White 100% Non-fibrous (Other) None Detected
12"xI2" - Basement Non-Fibrous
042222479·0013 Homogeneous
DM-14 White Duct Mastic- White 100% Non-fibrous (Other) None Detected
Back Area Non-Fibrous
042222479·0014 Homogeneous
( Initial report from: 09/15/2022 12:41:43
ASB_PLM_0008_0001-1.78 Printed: 9/15/2022 1241 PM Page 1 of 2
Page 218
Paj 219
Item #26.
EMSL Order: 042222479
EMSL Analytical, Inc. Customer 10: COEN80
•
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-36751 (856) 786-5974
Project 10:
http://www.EMSL.com/cinnasblab@EMSL.com
Analyst(s)
Keishla Vazquez Caraballo (11) Samantha Rundstrom, Laboratory Manager
or Other Approved Signatory
Michelle Quach (3)
EMSL maintains liability limited to cost of analysis, Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal govemment. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NV LAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NJ DEP 03036, PA ID# 68-{)0367, LA #04127
( Initial report from: 09/15/2022 12:41:43
ASB_PLM_0008_0001-1.78 Printed: 9/15/2022 12:41 PM Page 2 of 2
Page 219
Paj 220
Item #26.
OrderID: 042222479
+
Asbestos Chain of Custody
200 ROuTE 130 NORTH
EMSL Order Number (Lab Use Only):
CINNAMINSON NJ 08077
EMSL ANALYTICAL. INC.
PHONE (800) 220-3675
F;..x (856) 786-59"'4
EMSL Customer 10: COEN80
Street: 150 S. Bradford Street
Zi IPosmlCode:19904 ~I_C~o~u~n~tryi-:_U_S_A L- ~ __ ~ ~ ~ __ ~ ~ -4
Please Provide Results:
Purchase Order:
3 Hour 06 Hour ~ 1 Week 2 Week
·For TEM Aif 3 hr through 6 hr. please call aheaCJ to scheCJule. 'There IS a premIum charge for 3 Hour TEM AHERA or EPA Level II TA T. You WIll be asked to sIgn an
authorization fonn for this service Anal sis com leted m accordance with EMSL·s Tenns and CondItions located m the Anal Ical Pnce GUIde.
PCM - Air 0 Check if samples are
from NY
TEM - Air 0 4-4.5hr TAT (AHERA only) TEM- Dust
o NIOSH 7400 o AHERA 40 CFR, Part 763 o Microvac - ASTM D 5755
o wI OSHA Bhr. TWA
~------------------------~
0 NIOSH 7402 o Wipe - ASTM D6480
PLM - Bulk (reporting limit) I0 EPA Level II 0 Carpet Sonication (E~ 600/J-93/1~) _
~ PLM EPA 600/R-93/116 «1 %) o ISO 10312 _ _ __ SoillRockNermiculite:::::: £?
o PLM EPA NOB «1%) TEM· Bulk 0 PLM EPA 600JR-93rm witEi"miliing prep «1%)
Point Count o TEM EPA NOB 0 PLM EPA 600/R-93/n8 witt:! milling prep «0.25%)
0400 «0.25%) 01000 «0.1%) o NYS NOB 198.4 (non-friable-NY) I 0 TEM EPA 600/R-93/W Wit~~ t ,g prep «0.1 %)
Point Count w/Gravimetric o Chatfield SOP I 0 TEM Qualitative via Filtratioo"fl "'11;:
0400 «0.25%) 01000 «0.1%) o TEilil Mass Anai Sis-EPA 600 suc. ~ 0 T~M. Qualitative Ilia p Modr.lt Iffep
o NYS 198.1 (friable in NY) TEM _ Water: EPA 100.2 I ~c~~~~~natl Method E~00~-041OO4 - PLMfTE~
o NYS 198.6 NOB (non.friable-NY) Fibers >10fJm 0 Waste 0 Drinking Other: ~ ._
o NYS 198.8 SOF-V I All Fiber Sizes 0 Waste 0 Drinking
o
o NIOSH 9002 «1%)
Filter Pore Size m
Samplers Name:
DatelTime
Sample # Sam led
C1 -\
dD. \(\." (.ON\.~l}Jv\ct - ~(.dl Wi WV\l \-B
==~~~~~~~~~~~~~~
-_: f~ _r;~-Ft -T~ml~O!Sample~ ~_ •....
~_
~~==~==~~~~~~~~ Oate: ~t~~ Time:
~R=e~ce=i~v=ed~(L=a=b~)~: ~~~-4~~~ __ ~~ O_a_t_e_:_~~-__~-~~ Time:
Comments/Speciallnstructi
Page 1 of ~ pages
Conl/ollod OOCumtrrt - AlOISio. ccc - R,O - 0510012016
Page 220
Paqe 1 Of 2
Paj 221
Item #26.
OrderID: 042222479
+ Asbestos Chain of Custody EMSL ANAL YTICAL INC.
200 ROUTE 130 NORTH
EMSL Order Number (Lab Use-~----,
Only):
CINNAMINSON NJ 08077
EMSL ANALYTICAL. INC.
CL{ Zl 'Z,ZJ119 P>-fONE 1800) 220-36-5
I..AIlORATOfW.,."OQUCT •• T""' •••••••
Q
FAX 856! 786-5974
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
Volume/Area (Air) DatelTime
SamDle# Sample Description HA # (Bulk) Sam Died
lJ'(\[
. - (() OruW(1\\; rvl.\\W IN W\J\\\V 9/1-IZZ
V ' I
fT -1-- ~r t\re" \11\~11\"~f ~)\'\UC_&Afu(1)OMIf- \ SrDW
pt_ -~ P\a~_x - C(1)~-e+-S1C~ f'tbrvr- (fr~
-P\ -- Pj ptror tHe~\t' ~I~\ ~el~ ~\1Lt::---OEl1c-e ~
F1 - LD fLtXJr file -l~\'I(I~~~&eIFsnc,~~.t1'"'th!et It>~
fi -l \ f\COr tt\G-\'l" '1(12" - Y:o.tn ~'1- - ~M ~\\:e.
Plf'A -\'Z- f1Q\1{ ~e 1V\Qb~_tb~~ltl4 .. ~f11.n-';~\,}e;( '1elUThl
f\ -\3 ncor t\\e.-\l~'~(2-"-,q>,tfSk\cA~-~ --v..fulL r
DM- \'\- 1).Je,t Mil ~-nc.- ttar t__ ~ Whl~~ \'" I'
_,•...•
c= ~
(.')
I"T1
-
~
- =-(.! T'Jr'T1
,."...I ..
:;:( ,-'1-
7'C"?
~ ~I -~
. c
.0
6 :J:
-
en '-
*Comments/Speciallnstructions:
,
Page rj of _y pages
Controlled Documtnl- A$be5tOS ccc - R10 - OStD9l2016
Page 221
Paqe 2 Of 2
Paj 222
Item #26.
EMSL Order: 042222519
EMSL Analytical, Inc.
Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-36751 (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/08/2022 9:20 AM
Dover, DE 19904 Analysis Date: 09/14/2022
Collected Date: 09/07/2022
Project: City of Dover P&I-233 West Loockerman St. - Apartments A and B
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
CT-1 Ceiling Tile 2'x3' - TaniWhite 60% Cellulose 30% Perlite None Detected
Common Hallway - Fibrous 5% Glass 5% Non-fibrous (Other)
042222519-0001 Top Heterogeneous
CT-2 Ceiling Tile 2'x3' - Gray/TaniWhite 60% Cellulose 30% Perlite None Detected
Common Hallway- Fibrous 5% Glass 5% Non-fibrous (Other)
042222519-0002 Middle Heterogeneous
DC-3 Decorative Coating - White 5% Cellulose 10% Ca Carbonate None Detected
Hallway - Top - 1st Non-Fibrous 85% Non-fibrous (Other)
042222519-0003 Layer Homogeneous
SC-4 Skim Coat - Hallway - Tan 30% Quartz None Detected
Top - 2nd Layer Non-Fibrous 10% Ca Carbonate
042222519-0004 Heterogeneous 60% Non-fibrous (Other)
PL-5 Plaster - Hallway - Gray 2% Cellulose 30% Quartz None Detected
Top - Bottom Layer Non-Fibrous 1%Hair 10% Ca Carbonate
042222519-0005 Heterogeneous 57% Non-fibrous (Other)
DC-6 Decorative Coating - TaniWhite/Beige 1% Cellulose 10% Quartz None Detected
Common Hallway - Non-Fibrous 20% Ca Carbonate
042222519-0006 Middle - 1st Layer Homogeneous 69% Non-fibrous (Other)
SC-7 Decorative Coating - Tan 30% Quartz None Detected
Common Hallway- Non-Fibrous 10% Ca Carbonate
042222519-0007 Middle - 2nd Layer Homogeneous 60% Non-fibrous (Other)
PL-8 Decorative Coating - Gray 2% Cellulose 30% Quartz None Detected
Common Hallway - Non-Fibrous 1% Hair 10% Ca Carbonate
042222519-0008 Middle - Bottom Layer Heterogeneous 57% Non-fibrous (Other)
SU-9 Sink Undercoat - Black 3% Cellulose 97% Non-fibrous (Other) None Detected
233A - Kitchen Non-Fibrous
042222519-0009 Homogeneous
FT-10 12"x12" - Self Stick - GraylBlack/Beige 5% Synthetic 95% Non-fibrous (Other) None Detected
233A - Bathroom - Non-Fibrous
042222519-0010 Top Layer Heterogeneous
FT-11 12"x12" - Self Stick - GraylTan 5% Synthetic 95% Non-fibrous (Other) None Detected
233A - Bathroom - Non-Fibrous
042222519-0011 2nd Layer Heterogeneous
FT-12 12"x12" - Self Stick - Tan 100% Non-fibrous (Other) None Detected
233A - Bathroom - Non-Fibrous
042222519-0012 Bottom Layer Homogeneous
CT-13 2'x3' - Ceiling Tile - GrayiWhite 60% Cellulose 30% Perlite None Detected
233A - Hallway Fibrous 5% Glass 5% Non-fibrous (Other)
042222519-0013 Heterogeneous
CT-14 2'x3' - Ceiling Tile - Gray/TanlWhite 60% Cellulose 30% Perlite None Detected
233A - Bedroom #2 Fibrous 5% Glass 5% Non-fibrous (Other)
042222519-0014 Homogeneous
JC-15 Joint Compound - White 30% Ca Carbonate None Detected
233A - Bedroom #1 - Non-Fibrous 70% Non-fibrous (Other)
042222519-0015 Closet Homogeneous
DW-16 Drywall - 233A- BrownlGray 10% Cellulose 90% Non-fibrous (Other) None Detected
Bedroom #1 - Closet Fibrous
042222519-0016 Heterogeneous
Report amended: 09/15/2022 15:55:00 Replaces initial report from: 09/14/2022 16:55:31 Reason Code: Data Entry-Samples Removed
ASB_PLM_0008_0001-1.78 Printed: 9/15/2022 3:55 PM Page 1 of 3
Page 222
Paj 223
Item #26.
EMSL Order: 042222519
EMSL Analytical, Inc. Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 / (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
JC-17 Joint Compound White <1 % Cellulose 30% Ca Carbonate None Detected
-233B - Bathroom Non-Fibrous 70% Non-fibrous (Other)
042222519-0017 Homogeneous
DW-18 Drywall -233B - Brown/Gray 15% Cellulose 85% Non-fibrous (Other) None Detected
Bathroom Fibrous
042222519·0018 Heterogeneous
DC-19 Decorative Coating - White 5% Cellulose 20% Ca Carbonate None Detected
233A - Bedroom #1 - Non-Fibrous 75% Non-fibrous (Other)
042222519-0019 Top Layer Heterogeneous
SC-20 Skim Coat - 233A- Tan 30% Quartz None Detected
Bedroom #1 - 2nd Non-Fibrous 10% Ca Carbonate
042222519-0020 Layer Heterogeneous 60% Non-fibrous (Other)
PL-21 Plaster - 233A - Gray 20/0 Hair 30% Quartz None Detected
Bedroom #1 - Bottom Non-Fibrous 10% Ca Carbonate
042222519-0021 Layer Heterogeneous 58% Non-fibrous (Other)
DC-22 Decorative Coating - White/Beige 1% Cellulose 10% Quartz None Detected
233A - Living Room - Non-Fibrous 20% Ca Carbonate
042222519-0022 Top Layer Homogeneous 69% Non-fibrous (Other)
SC-23- Skim Coat - 233A - Gray/Tan/Beige <1% Cellulose 45% Quartz None Detected
Living Room - 2nd Non-Fibrous <1%Hair 10% Ca Carbonate
042222519-oo23A Layer Heterogeneous 45% Non-fibrous (Other)
PL-24 Plaster - 233A - Living Gray/Tan 1% Cellulose 45% Quartz None Detected
Room - Bottom Layer Non-Fibrous 10% Ca Carbonate
042222519-0024 Heterogeneous 44% Non-fibrous (Other)
DC-25 Decorative Coating - White 5% Cellulose 30% Ca Carbonate None Detected
233B - Bedroom #1 Non-Fibrous 65% Non-fibrous (Other)
042222519-0025 Top Layer Homogeneous
SC-26 Skim Coat- 233B - Tan 30% Quartz None Detected
Bedroom #1 2nd Non-Fibrous 10% Ca Carbonate
042222519-0026 Layer Heterogeneous 60% Non-fibrous (Other)
PL-27 Plaster - 233B - Gray 1% Cellulose 30% Quartz None Detected
Bedroom #1 Bottom Non-Fibrous 2% Hair 10% Ca Carbonate
042222519-0027 Layer Heterogeneous 57% Non-fibrous (Other)
DC-28 Decorative Coating - White 5% Cellulose 30% Ca Carbonate None Detected
233B - Living Room Non-Fibrous 65% Non-fibrous (Other)
042222519-0028 -Top Layer Homogeneous
SC-29 Skim Coat - 233B - TanlWhite 30% Quartz None Detected
Living Room -2nd Non-Fibrous 10% Ca Carbonate
042222519-0029 Layer Heterogeneous 60% Non-fibrous (Other)
PL-30 Plaster - 233B - Living Gray 1% Cellulose 30% Quartz None Detected
Room -Bottom Layer Non-Fibrous 2% Hair 10% Ca Carbonate
042222519-0030 Heterogeneous 57% Non-fibrous (Other)
SU-31 Sink Undercoat - Black 1% Cellulose 99% Non-fibrous (Other) None Detected
233B - Kitchen Non-Fibrous
042222519-0031 Homogeneous
FT-32 12"x 12" Self Stick - Yellow 3% Cellulose 97% Non-fibrous (Other) None Detected
Laundry - 233B Non-Fibrous
042222519-0032 Heterogeneous
FT-33 12"x12" - Self Stick- Tan/Beige 25% Quartz None Detected
Bathroom - 233B Non-Fibrous 75% Non-fibrous (Other)
042222519-0033 Homogeneous
FP-34 Flue Packing - 233B - White 10% Ca Carbonate None Detected
Stairwell - Top Layer Non-Fibrous 90% Non-fibrous (Other)
042222519-0034 Homogeneous
FP-35 Flue Packing - 233B - Gray/Beige <1 % Cellulose 97% Non-fibrous (Other) None Detected
Stairwell - Bottom Non-Fibrous 3% Glass
042222519-0035 Layer Homogeneous
Report amended: 09/15/2022 15:55:00 Replaces initial report from: 09/14/2022 16 55:31 Reason Code: Data Entry-Samples Removed
ASB_PLM_0008_0001- 1.78 Printed: 9/15/2022 355 PM Page 2 of 3
Page 223
Paj 224
Item #26.
EMSL Order: 042222519
EMSL Analytical, Inc. Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-36751 (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
WG-36 Window Glazing - Gray 1% Wollastonite 10% Ca Carbonate None Detected
233A - Bedroom 1 Non-Fibrous 89% Non-fibrous (Other)
042222519-0036 Homogeneous
WG-37 Window Glazing - Gray 10% Ca Carbonate None Detected
233A - Living Room Non-Fibrous 90% Non-fibrous (Other)
042222519-0037 Homogeneous
WG-38 Window Glazing - Gray 10% Ca Carbonate None Detected
2338 - Living Room Non-Fibrous 90% Non-fibrous (Other)
042222519-0038 Left Homogeneous
WG-39 Window Glazing - BrownlTan <1% Cellulose 10% Ca Carbonate None Detected
2338 - Living Room Non-Fibrous 90% Non-fibrous (Other)
042222519-0039 Right Homogeneous
Analyst(s)
Bobby Wheatley (27) Samantha Rundstrom, Laboratory Manager
or Other Approved Signatory
Scott Combs (12)
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Unless requested
by the client, building materials manufactured with multiple layers (i,e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Kernersville. NC NVLAP Lab Code 102104-D,Virginia 3333-D00228, West Virginia LT000321
Report amended: 09/15/2022 15:55:00 Replaces initial report from: 09/14/2022 16:55:31 Reason Code: Data Entry-Samples Removed
ASB_PLM_0008_0001- 1.78 Printed: 9/15/2022 3:55 PM Page 3 of 3
Page 224
Paj 225
r OrderID: 042222519 Item #26.
Asbestos Chain of Custody
200 ROUTE 130 NORTH
EMSL Order Number (Lab Use Only) CINNAMINSON NJ 08077
£MSL ANALVTICAL. INC.
PHONE '800) 220-3675
~DM"",",."DOUCTa.T~" FAX (856) 786-5974
EMSL Customer 10: COEN80
Street: 150 S. Bradford Street
674-4429
Please Provide Results.:..:
-'="---'--==--'=-..;=.o.:..:.:._ --!
Purchase O_:rd_e_r:
__ ----------------1
Internal Use Onl :
t
o 2Week
from NY
TEM - Air 0 4-4.5hr TAT (AMERA Onlv) TEM- Dust
o NIOSH 7400 0 AHERA 40 CFR, Part 763 o Microvac - ASTM D 5755
o wI OSHA 8hr. TWA
~----------------~
0 NIOSH 7402 o Wipe - ASTM 06480
PLM - Bulk (reporting limit) 0 EPA Levell! o Car~et Sonication (EPA 60_0_/J_-_93_1_16_7~) ___..
181 PLM EPA 600/R-931116 «1%) 0 ISO 10312 SoillRockNermiculite ==
o PLM EPA NOB «1%) TEM - Bulk o PLM EPA 600/R-93/1 ~wit "ilIing prep «1 %)
Point Count 0 TEM EPA NOB o PLM EPA 600/R-93/1 ~it illin.i:Prep «0.25%)
0400 «0.25%) 01000 «0.1%) 0 NYS NOB 198.4 (non-friable-NY) o TEM EPA 600/R-93/11fwitt{> ~~ rep «0.1%)
Point Count w/Gravimetric 0 Chatfield SOP o TEM Qualitative via FitDtion r.ep
0400 (<:0.25%) 01000 «0.1%) 0 TEM Mass Anal sis-EP~~00.§.e~._2~_ o TEM Qualitative via Dl;QIjlMo}W~P'rep
o NYS 198.1 (friable in Ny) TEM - Water: EPA 100.2 o Cincinnati Method EP~OO/~1 - PLMITEM
Be on!y) _5_ ~:""' --I
o NYS 198.6 NOB (non-friable-NY) Fibers >10~m 0 Waste 0 Drinking Other: ••
o NIOSH
NYS 198.8 SOF-V All Fiber Sizes 0 Waste 0 Drinking
rr-- ~
o 9002 «1%)
o Check For Positive Sto
Sample #
c, - \
Date: Time:
Received (Lab): Date: Time:
Comments/Special Instructl
Page 1 of _ 3 pages
Page 225
Paqe 1 Of 3
Paj 226
OrderID: 042222519 Item #26.
+ Asbestos Chain of Custody EMSL ANALYTICAL INC
200 ROUTE 130 NORTH
EMSL Order Number (Lab Use Only) CINNAMINSON NJ 08077
EMS~ ANALYTICAL., INC.
PHONE (800) 220-3675
L.A.-...TGW't.""OOIolC'T •• T••.•••.• ""O FAX \856) 786-5974
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
pageL of_ ~ pages
Conrrolled Oocument •• ASl)ttSI05 COC - R10 - 05lOW2016
Page 226
Paqe 2 Of 3
Paj 227
OrderID: 042222519 Item #26.
Asbestos Chain of Custody EMSL ANALYTICAL INC
200 ROUTE 130 NORTH
EMSL Order Number (Lab Use Only): CINNAMINSON NJ 08077
EMSL ANALYTICAL. INC.
PHONE aoo} 220-3675
~1"Ofnr."""OUCT •• TRAtNINQ FJI,x ,.356) 786-5974
Additional Pages of the Chain of Custody are only necessary if needed for additIonal sample information
·Comments/Speciallnstructions:
Page __3_ of __ pages
C4nlrolleo OOGumem -ASbe~05COC - Rl0 - 05Jt)VJ2'O'B
Page 227
Paqe 3 Of 3
~-- --
Paj 228
Item #26.
EMSL Order: 042222631
EMSL Analytical, Inc.
Customer ID: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 1 (856) 786-5974
Project ID:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/09/2022 9:40 AM
Dover, DE 19904 Analysis Date: 09/16/2022
Collected Date: 09/08/2022
Project: City Of Dover P&I /237/239 W. Lockerman St. /2nd Floor - Apartments
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
WG-1 White Window White 3% Fibrous (Other) 97% Non-fibrous (Other) None Detected
Glazing - 2A - Living Non-Fibrous
042222631-0001 Room Homogeneous
Recommend TEM.
WG-2 White Window White 3% Fibrous (Other) 97% Non-fibrous (Other) None Detected
Glazing - Main Non-Fibrous
042222631-0002 Hallway Homogeneous
Recommend TEM.
WG-3 White Window White 100% Non-fibrous (Other) None Detected
Glazing - 2B Bedroom Non-Fibrous
042222631-0003 #2 Homogeneous
CT-4 White Ceiling Tile GraylWhite 50% Cellulose 20% Non-fibrous (Other) None Detected
2'x4' - 2B Hallway Fibrous 30% Min. Wool
042222631-0004 Homogeneous
CT-5 White Ceiling Tile GraylWhite 50% Cellulose 20% Non-fibrous (Other) None Detected
2'x4' - 2B Bedroom #1 Fibrous 30% Min. Wool
042222631-0005 Homogeneous
CT-6 White Ceiling Tile GraylWhite 55% Cellulose 20% Non-fibrous (Other) None Detected
2'x4' - Main Hallway Fibrous 25% Min. Wool
042222631-0006 Homogeneous
SC-7 Tan Skim Coat - Top Tan 100% Non-fibrous (Other) None Detected
Layer - Main Hallway Non-Fibrous
042222631-0007 Homogeneous
PL-8 Tan Plaster - 2nd GraylTan 5% Cellulose 95% Non-fibrous (Other) None Detected
Layer - Main Hallway Non-Fibrous
042222631-0008 Homogeneous
DW-9 White Drywall - BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Bottom Layer - Main Fibrous
042222631-0009 Hallway Homogeneous
SC-10 Tan Skim Coat - 2nd Tan 100% Non-fibrous (Other) None Detected
Layer - 2A Living Non-Fibrous
042222631-0010 Room Homogeneous
PL-11 Tan Plaster - 3rd GraylTan 5% Cellulose 95% Non-fibrous (Other) None Detected
Layer - 2A Living Non-Fibrous
042222631-0011 Room Homogeneous
DW-12 White Drywall - BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Bottom Layer - 2A Fibrous
042222631-0012 Living Room Homogeneous
SC-13 Tan Skim Coat - Top Tan 100% Non-fibrous (Other) None Detected
Layer - 2B Dining Non-Fibrous
042222631-0013 Room Homogeneous
PL-14 Tan Plaster - 2nd Gray 3% Cellulose 97% Non-fibrous (Other) None Detected
Layer - 2B Dining Non-Fibrous
042222631-0014 Room Homogeneous
DW-15 White Drywall - BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Bottom Layer - 2B Fibrous
042222631-0015 Dining Room Homogeneous
( Initial report from: 09/16/2022 09:40:22
ASB_PLM_0008_0001- 1.78 Printed: 9/16/2022 9:40 AM Page 1 of 2
Page 228
Paj 229
Item #26.
EMSL Order: 042222631
EMSL Analytical, Inc. Customer 10: COEN80
•
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 I (856) 786-5974
http://www.EMSL.com/cinnasblab@EMSL.com
Project 10:
Analyst(s)
Amy Schulze (5) Samantha Rundstrom, Laboratory Manager
Keishla Vazquez Caraballo (10) or Other Approved Signatory
EMSL maintains liabitity limited to cost of anatysis. Interpretation and use of test resutts are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NJ DEP 03036, PA ID# 68-00367, LA #04127
( Initial report from: 09/16/2022 09:40:22
Page
ASB_PLM_0008_0001- 1.78 Printed: 9/16/2022 9:40 AM
Page2 229
of 2
Paj 230
OrderID: 042222631 Item #26.
+
EM&L ANALYTICAL.
uo..O"""n»rr·r"oo"c,- •• l'.'"
INC.
wo
Asbestos Chain of Custody
EMSL Order Number (Lab Use Only):
.----(J{- j,~7-'26~(
200 ROUTE 130 t- OP
CINNAMINSON
PHO f \800) 220-30;':"
FAX \856) :86-S!:: t\
Nj aBO
II
EMSL Customer 10: COEN80
Street: 150 S. Bradford Street
Please Provide Results: ~ Email
Purchase Order:
03 Hour
~ 1 Week
'For TEM AI( 3 hr through 6 hr, please call ahead to schedule .• There ISa premIum charge for 3 Hour TEM AHERA or EPA Level II TAT You Willbe asked to sign an
authonzatJon form for thiS service AnsI sis com leted III sccoraance with EMSL's Terms and Conditions located III rne Anal Ical Pnce GUide
PCM - Air 0 Check if samples are
from NY TEM - Air 0 4-4.5hr TAT (AHERA only) TEM· Dust .....
o NIOSH 7400 o AHERA 40 CFR, Part 763 o Microvac - ASTM D S75§:: c:=t n
X
o wI OSHA Bhr. TWA o NIOSH 7402 o Wipe - ASTM D6480 ~ _
PLM • Bulk (reporting limit) o EPA Level II. o Carpet Sonication (EPA 6QO/J-9~ OI~
-0 ;n"'"
~ PLM EPA 600/R-93/116 «1%) o ISO 10312
1---'------ _ __ JSoil/RockNermiculite :;'~i~
o PLM EPA NOB «1%) TEM· Bulk I 0 PLM EPA 600/R-93/116 mll~prt!l «1%)
Point Count OTEM EPA NOB o PLM EPA 600/R-93/116 w$millfSl prep «0 25%)
0400 «0.25%) 0 1000 «0.1%) o NYS NOB 198 4 (non-fnable-NY) o TEM EPA 600/R-93/116 Wltl'l mIll prep «01%)
Point Count w/Gravimetric o Chatfield SOP o TEM Qualitative vIa Filtrati~rep
0400 «0.25%) 0 1000 «0.1%) o TEM Mass Anal sis-EPA 600 sec. 2.5 o TEM Qualitative via Drop Mount Prep
o NYS 19B.1 (friable in NY) TEM - Water: EPA 100.2 o Cincinnati Method EPA 600/R-04/004 - PLMfTEM
_Be onl )_
o NYS 198.6 NOB (non-friable-Ny) Fibers >101Jm 0 Waste 0 Drinking ,ather:
o NYS 198.8 SOF-V All Fiber Sizes 0 Waste 0 Drinking I cr--
o NIOSH 9002 «1%)
Filter Pore Size
Samplers Name:
Sample #
Page 1 of _2_ pages
Conltol1tc1 OociJm."· A.iDlslo.. coe - R1Q - OSJOt1201e
Page 230
Paqe 1 Of 2
Paj 231
OrderID: 042222631 Item #26.
Asbestos Chain of Custody EMSL ANAL YTIC,\l I~
EMSL Order Number (Lab Use Only): 200 ROUTF 130 NORl t I
~--- CINNAMINSON N,/ ORO/-
EMSL ANALVTICAL,
t...A.O""'·ONY·~"OPUCT
INC.
•• rkAIJIIINQ
QC(1/l,'l, i[;
7( PHONE 18001 2:.:'C, "~,J ':
FAX (856) 786·~(-'_:
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
- 2-e'"
·Comments/Speciallnstructions:
Page L of 9- pages
ConIlOU~ Ooc.umcnl - AsDeilOt COC - Al0 - OSlOtI'201&
Page 231
Paqe 2 Of 2
Paj 232
Item #26.
EMSL Order: 042222635
EMSL Analytical, Inc. Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 / (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/09/2022 9AO AM
Dover, DE 19904 Analysis Date: 09/16/2022
Collected Date: 09/08/2022
Project: City Of Dover P&II 237 W. Lockerman St.
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
PINS-1 Gray Pipe Insulation - Gray 25% Cellulose 40% Non-fibrous (Other) 35% Chrysotile
Back Room Fibrous
042222635-0001 Homogeneous
PINS-2 Gray Pipe Insulation - Gray 25% Cellulose 30% Non-fibrous (Other) 45% Chrysotile
Front Room Fibrous
042222635-0002 Homogeneous
PF-3 White Pipe Fitting - White 10% Cellulose 65% Non-fibrous (Other) 25% Chrysotile
Back Room Fibrous
042222635-0003 Homogeneous
PF-4 White Pipe Fitting - White 60% Non-fibrous (Other) 40% Chrysotile
Front Room Fibrous
042222635-0004 Homogeneous
FT-S Gray Floor Gray 100% Non-fibrous (Other) None Detected
Tile-12"x12"-Self Stick Non-Fibrous
042222635-0005 - Back Room Homogeneous
FT-6 Gray Floor Gray 100% Non-fibrous (Other) None Detected
Tile-12"x12"-Self Stick Non-Fibrous
042222635-0006 - Back Room Homogeneous
CT-7 White Ceiling Brown/Blue 70% Cellulose 10% Perlite None Detected
Tile-2'x4' - Back Fibrous 20% Non-fibrous (Other)
042222635-0007 Room Homogeneous
CT-8 White Ceiling BrownlWhite 50% Cellulose 20% Non-fibrous (Other) None Detected
Tile-2'x4' - Front Fibrous 30% Min. Wool
042222635-0008 Room Homogeneous
DW-9 White Drywall - Front BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Room Fibrous
042222635-0009 Homogeneous
DW-10 White Drywall - Back BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Room Fibrous
042222635-0010 Homogeneous
Analyst(s)
Andrew Borsos (5) Samantha Rundstrom, Laboratory Manager
Keishla Vazquez Caraballo (5) or Other Approved Signatory
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specificalions unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-B2-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NJ OEP 03036, PA 10#68-D0367, LA#04127
( Initial report from: 09/16/2022 15:29:46
ASB_PLM_0008_0001- 1.78 Printed: 9/16/2022 3:29 PM Page 1 of 1
Page 232
Paj 233
Item #26.
OrderID: 042222635
+
EMSL ANALYTICAL. INC.
r--_
Asbestos Chain of Custody
EMSL Order Number (Lab Use Only).
- OLtt~&1E)5
200 ROUTE: 13'" r,L.,
CINNAMI SON Nj '_807-
PHONE ,800)
F,\x ,856,
2::'
80 5~1.
r
EMSL Customer 10: COEN80
State/Province: DE
Please Provide Results: _".,.__....:.___,(8l,..., Email
Purchase Order:
o Residential/Tax Exem
<For TEM AIr 3 hr through 6 hr. please call ahead 0 schedule <There is a premium Charge for 3 Hour TEM AHERA or EPA Level II TAT You Will be asked 10 SIgn an
1-- -=a:,:;u;,;,:lh.:::on.:,:z.:::st::,::lo;:,,:,n..:,:fo::;,;rm:.::...:,:fo;;_r.:.:.lh::,::ls:..,:S::::e:_:rv,:,::lc.::.e...,...:..:A::,::ns::;.'c.::s:;_:IS:..,:c::::om:.:x.:'.::,:et.::.:ed::...I::_:·n..=B.::,:CC::=0""ra:..::8""nCo=8c._:.Wi:,::/:..:..h=E:_::Mc.::S.:o.L·=-s-'-'T8=:.r:;:m=-s.:::;anc:.:d:....;C""o~n.:::;dl""rlo""n""'s-""oc:.:::.a:.:l.:::;ed=-'::..:.n.:.:.lh:.:::e~A;:,:n.:::;al.L!:.::/c.:::;al...;..P.,;,;n:
_ _
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o NIOSH 7400 o AHERA 40 CFR. Part 763 o Microvac - ASTM D 5755
o w/ OSHA Bhr. TWA o NIOSH 7402 o Wipe - ASTM 064Sce ("")
o EPA Level II.
PLM - Bulk (reporting
(8l PLM EPA 600/R-93/116
o PLM EPA NOB «1%)
limit)
«1%) o ISO 10312 --
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TEM - Bulk
_ .- i oo Carpet Sonication (
Soil/RockNermiculite ~ j;.
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60 -93/167)
Point Count OTEM EPA NOB o PLM EPA 600/R-93/1'-f6 wit - prep «0.25%)
0400 «0.25%) 01000 «0.1%) o NYS NOB 198 4 (non-friable-NY) o TEM EPA 600/R-93/1g withJrllnilt9 prep «0 1 %)
Point Count w/Gravimetric o Chatfield SOP o TEM Qualitative via Fitlation rep
0400 «0.25%) 01000 «0.1%) TEM Mass Anal sis-EPA 600 sec. 2.5 o TEM Qualitative via Dm'p M nt Prep
o NYS 198.1 (friable in NY) TEM - Water: EPA 100.2 oBConl
Cincinnati Method EP~OOI
~
-041004 - PLMfrEM
__
o NYS 198.6 NOB (non-friable-NY) Fibers >101Jm 0 Waste 0 Drinking Other:
o NYS 198.8 SOF-V All Fiber Sizes 0 Waste 0 Drinking I cr-
~O~N~IO~S~H~90~0~2~(~<~1o/c~·)~ L- II _
o Check For Positive Sto
Samplers Name: f::.A
Time: 1700 hrs
Date: Time:
Page 1 of ~ pages
ConlfOlted ooc.um.,. - AlDt.cot ccc .. R10 - O~2Q16
Page 233
Paqe 1 Of 2
Paj 234
Item #26.
OrderID: 042222635
+ Asbestos Chain of Custody EMSL ANA~"T:C.'\L INC
200 ROUTE 130 NORTH
__ -=E::.:.M::.:.S-=._L
Order Number (Lab Use Only):
CINNAMINSON NJ 00077
EMaL ANALYTICAL,. INC. o 'J..,J.,,'L'2-63 S.--------' PHONE
~AX
\800i 220-367'5
856\ ~86-59-4
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
VolumelArea (Air) DateJTime
Samcle# Samcle Description
'~'1-
HA # (Bulk) Sampled
~\- \0 f~ooy1\\'t'\l~~I'2\1-.s:.i>.\f."~(J?-PiJrJL'lrmM (1f(Mt q let
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·Comments/Special Instructions:
Page L of _L pages
C4nctoIIOG Ooc:urnell - •••••••••• ccc - R.O - Qs.otrlll'6
Page 234
Paqe 2 Of 2
Paj 235
Item #26.
EMSL Order: 042222636
EMSL Analytical, Inc. Customer ID: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 1 (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/09/2022 9:40 AM
Dover, DE 19904 Analysis Date: 09/16/2022
Collected Date: 09/08/2022
Project: City Of Dover P& 1/239 W. Lockerman St.
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
PINS-1 Gray Pipe insulation - Gray 30% Cellulose 20% Non-fibrous (Other) 50% Chrysotile
Front Room Fibrous
042222636-0001 Homogeneous
PINS-2 Gray Pipe insulation - Gray 40% Cellulose 15% Non-fibrous (Other) 45% Chrysotile
Front Room Fibrous
042222636-0002 Homogeneous
PF-3 White Pipe Fitting - White 40% Non-fibrous (Other) 60% Chrysotile
Front Room Fibrous
042222636-0003 Homogeneous
PF-4 White Pipe Fitting - White 50% Non-fibrous (Other) 50% Chrysotile
Basement Room 3 Fibrous
042222636-0004 Homogeneous
SC-5 Tan Skim Coat - Front Tan 100% Non-fibrous (Other) <1 % Chrysotile
Room Non-Fibrous
042222636-0005 Homogeneous
PL-6 Tan Plaster - Front Tan 3% Cellulose 97% Non-fibrous (Other) None Detected
Room Non-Fibrous
042222636-0006 Homogeneous
SC-7 Tan Skim Coat - Tan 100% Non-fibrous (Other) <1 % Chrysotile
Basement Entrance Non-Fibrous
042222636-0007 Homogeneous
PL-8 Tan Plaster- Tan 5% Cellulose 95% Non-fibrous (Other) None Detected
Basement Entrance Fibrous
042222636-0008 Homogeneous
CT-9 White Ceiling Tile - BrownlWhite/Blue 50% Cellulose 20% Non-fibrous (Other) None Detected
Front Room Fibrous 30% Min. Wool
042222636-0009 Homogeneous
CT-10 White Ceiling Tile - BrownlWhite/Blue 50% Cellulose 20% Non-fibrous (Other) None Detected
Back Room Fibrous 30% Min. Wool
042222636-0010 Homogeneous
DW-11 White Drywall - Front BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Room Fibrous
042222636·0011 Homogeneous
DW-12 White Drywall - Back BrownlWhite 20% Cellulose BO% Non-fibrous (Other) None Detected
Room Fibrous
042222636·0012 Homogeneous
FT-13 Tan Floor tile Tan 100% Non-fibrous (Other) None Detected
12"x 12"-Self Stick - Non-Fibrous
042222636-0013 Top Layer - Front Homogeneous
Room
FT-14 Brown Floor Black 97% Non-fibrous (Other) 3% Chrysotile
Tile-Bottom Layer- Non-Fibrous
042222636-0014 Front Room Homogeneous
FT-15 Tan Floor Tile Tan 100% Non-fibrous (Other) None Detected
12"x12"-Self Stick Non-Fibrous
042222636-0015 -Top Layer - Front Homogeneous
Room
Report amended: 09/20/2022 19:59: 17 Replaces initial report from: 09/16/2022 11:37: 16 Reason Code: Data Entry-Change to Sample ID
ASB_PLM_0008_OO01 - 1.78 Printed: 9/20/2022 7:59 PM Page 1 of 2
Page 235
Paj 236
Item #26.
EMSL Order: 042222636
EMSL Analytical, Inc. Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675/ (856) 786-5974
Project ID:
• http://www.EMSL.com/cinnasblab@EMSL.com
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
FT-16 Brown Floor Tile - Brown/Black 97% Non-fibrous (Other) 3% Chrysotile
-Bottom Layer - Front Non-Fibrous
042222636-0016 Room Homogeneous
Analyst(s)
Keishla Vazquez Caraballo (8) Samantha Rundstrom, Laboratory Manager
Michelle Quach (8) or Other Approved Signatory
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal govemment. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NJ OEP 03036, PA 10#68-00367, LA#04127
Report amended: 09/20/2022 19:59:17 Replaces initial report from: 09/16/2022 11:37:16 Reason Code: Data Entry-Change to Sample 10
ASB_PLM_0008_0001- 1.78 Printed: 9/20/2022 7:59 PM Page 2 of 2
Page 236
Paj 237
Item #26.
OrderID: 042222636
+
Asbestos Chain of Custody
200 ROUTE 130 r·JOR-,,
EMSL Order Number (Lab Use Only):
,------- Qt('V1,-1, ~6)t CINNAMINSON NJ 080?~
PHONE (800 I 220-36 i' 5
EMSL ANALVTIC:AL, INC:.
FAX (856) 786-597/1
EMSL Customer 10: COEN80
Please Provide Results:
~~~~~-~~---
Purchase Order:
3 Hour
TEM - Air 0 4-4,5hr TAT (AHERA only)
o AHERA 40 CFR, Part 763
o NIOSH 7402
TEM-Dust
D Microvac - ASTM D ~5
D Wipe - ASTM 06480 ~
--
~
~ fTlr'"'
n
~ _.:
~------------------------~
PLM - Bulk (reporting limit) D EPA Level II.
•• '"
D Carpet Sonication (EP~OOI " lIm7)
~-Y("")
~ PLM EPA 600/R-93/116 «1%) D ISO 10312 Soil/RockNermiculite :-0 ~~
o PLM EPA NOB «1%) TEM - Bulk o PLM EPA 600/R-93/11#V,ith mllling:prep «1%)
Point Count D TEM EPA NOB D PLM EPA 600/R-93/11Bith tft11lingprep «0.25%)
0400 «0.25%) D 1000 «0.1%) D NYS NOB 198.4 (non-friable-NY) D TEM EPA 600/R-93/11~ith milling prep «0 1%)
Point Count w/Gravimetric D Chatfield SOP D TEM Qualitative via Filt~on Prep
0400 «0.25%) D 1000 «0.1%) o TEM Mass Anal sis-EPA GOO sec. 2.5 D TEM Qualitative via Drop Mount Prep
o NYS 198.1 (friable in Ny) TEM - Water: EPA 100.2
o Cincinnati Method EPA 600/R-04/004 - PLMITEM
Be onl
D NYS 198.6 NOB (non-friable-Ny) Fibers >101Jm 0 Waste 0 Drinking Other:
o NYS 198.8 SOF-V All Fiber Sizes D Waste D Drinking
rr-
o NIOSH 9002 «1%)
Filter Pore Size m
Samplers Name:
Page 1 of f).- pages
Conltoll~ Ooeum.nt - A'O.~lo" coc - R10 _05/09/2016
Page 237
Paqe 1 Of 2
Paj 238
Item #26.
OrderID: 042222636
Asbestos Chain of Custody EMSL ANfI,[ YTICI\l IN,
200 ROUTE 130 NORHI
EMSL Order Number (Lab Use Only):
CINNAM1NSO NJ 0807-
EMSL ANALYTICAL. INC.
~- C}Li(l,~7,1,,~3=6 PHONE (8001 220-:~67t.
FAX (856i 786-597 '
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
*Comments/Speciallnstructions:
Page ~ of ':Y pages
ConlrolieG Document - MbtSI05 COC ..• R10 ... 0$JO&/20115
Page 238
Paqe 2 Of 2
Paj 239
Item #26.
EMSL Order: 042222717
EMSL Analytical, Inc.
Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Tel/Fax: (800) 220-3675 1 (856) 786-5974
Customer PO:
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/12/2022 9:20 AM
Dover, DE 19904 Analysis Date: 09/19/2022
Collected Date: 09/09/2022
Project: City of Dover P&I- 237/239 W Lockerman Street - Third Floor Apartments
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos
~
Sample Description Appearance % Fibrous % Non-Fibrous % Type
CT-1 Ceiling Tile - 2'x4' - GraylWhite 45% Cellulose 20% Non-fibrous (Other) None Detected
Main Hallway Fibrous 35% Min. Wool
042222717-0001 Homogeneous
CT-2 Ceiling Tile - 2'x4' - 3A GraylWhite 45% Cellulose 20% Non-fibrous (Other) None Detected
Kitchen Fibrous 35% Min. Wool
042222717-0002 Homogeneous
CT-3 Ceiling Tile - 2'x4' - 3B GraylWhite 50% Cellulose 10% Perlite None Detected
Bathroom Fibrous 25% Min. Wool 15% Non-fibrous (Other)
042222717-0003 Homogeneous
SC-4 Skim Coat - Main Tan 100% Non-fibrous (Other) None Detected
Hallway - Stairwell - Non-Fibrous
042222717-0004 Top Layer Homogeneous
PL-5 Plaster - Main Tan 5% Cellulose 95% Non-fibrous (Other) None Detected
Hallway - Stairwell - Fibrous
042222717-0005 2nd Layer Homogeneous
DW-6 Drywall - Main BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Hallway - Stairwell - Fibrous
042222717-0006 Bottom Layer Homogeneous
SC-7 Skim Coat - 3A- Tan 100% Non-fibrous (Other) None Detected
Living Room - Top Non-Fibrous
042222717-0007 Layer Homogeneous
PL-8 Plaster - 3A - Living Tan 5% Cellulose 95% Non-fibrous (Other) None Detected
Room - 2nd Layer Fibrous
042222717-0008 Homogeneous
DW-9 Drywall - 3A - Living BrownlWhite 15% Cellulose 85% Non-fibrous (Other) None Detected
Room - Bottom Layer Fibrous
042222717-0009 - Bottom Layer Homogeneous
SC-1O Skim Coat - 3B Tan 100% Non-fibrous (Other) None Detected
Bedroom #2 - Top Non-Fibrous
042222717-0010 Layer Homogeneous
PL-11 Plaster - 3B Bedroom Tan 5% Cellulose 95% Non-fibrous (Other) None Detected
#2 - 2nd Layer Fibrous
042222717-0011 Homogeneous
DW-12 Drywall - 3B Bedroom BrownlWhite 22% Cellulose 78% Non-fibrous (Other) None Detected
#2 - Bottom Layer Fibrous
042222717-0012 Homogeneous
( Initial report from: 09/19/2022 16:37:27
ASB_PLM_0008_0001-1.78 Printed: 9/19/2022 4:37 PM Page 1 of 2
Page 239
Paj 240
Item #26.
EMSL Order: 042222717
EMSL Analytical, Inc.
Customer 10: COEN80
•
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 1 (856) 786-5974
http://www.EMSL.com/cinnasblab@EMSL.com
Project 10:
Analyst(s)
Andrea Doughty (8) Samantha Rundstrom, Laboratory Manager
Gabrielle DiDonato (4) or Other Approved Signatory
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were perfonmed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal govemment. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NV LAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NJ OEP 03036, PA 10# 68-D0367, LA #04127
( Initial report from: 09/19/2022 16:37:27
ASB_PLM_0008_0001-1,78 Printed: 9/19/2022 4:37 PM Page 2 of 2
Page 240
Paj 241
Item #26.
OrderID: 042222717
Asbestos Chain of Custody
200 ROtJTf 130 r'lL),', '
....- __ E_M_;S_L_.9rder Number (Lab Use Only):
CINNAMINSON NJ 0807
EMSL ANALYTICAL. INC. 0C11/l-z" 1-7/7 PHONE
FAX
300'122,,) 3\J7'
,856, 786-5~-,
Com an Name: Com liance Environmental, Inc EMSL Customer 10: COENSO
Street: 150 S. Bradford Street
674-4429
Please Provide Results:
~~-~=--
Purchase Order:
o Residential/Tax Exem
2 Week
·For TEM Air 3 hr Ihrough 6 hr. plesse call ahesd 10 schsdule ·There IS a premium charge for 3 Hour TEM AHERA or EPA Level" TAT You will be asked 10 Sign en
aulhonzetlOn form for thiS service Anal Sis com leted In accordance WithEMSL's Terms and Conditions located In the Anal Ical Pnce GUide
~;: N~ir 0 Check if samples are TEM _ Air 0 4-4.5hr TAT (AHERA only) TEM- Dust ---
o NIOSH 7400
o wI OSHA Shr. TWA
0 AHERA 40 CFR, Part 763
o NIOSH 7402
0 Microvac - ASTM D 5~
- n
--i
0 Wipe - ASTM 06480 fJ') :r:
"'_P-L-M-.-B-u-I-k-'-re-p-o-rt-in-g-I-im-It-)
--~ 0 EPA Levelll 0 Carpet Sonication (Ep;;J600 93/:167)
C8I PLM EPA 600/R-93/116 «1%) 0 ISO 10312 -_._- ._. SoiliRocklVermiculite N .----:::-~
o PLM EPA NOB «1%) TEM - Bulk 0 PLM EPA 600/R-93/116 withml I prep «1%)
Point Count 0 TEM EPA NOB 0 PLM EPA 600fR-93/1 wit _ iTI1~"prep «0.25%)
0400 «0.25%) 0 1000 «0.1%) 0 NYS NOB 198.4 (non-friable-NY) 0 TEM EPA 600/R-93f~ witl~nilh prep «0 1%)
Point Count w/Gravimetric o Chatfield SOP 0 TEM Qualitative via ~tiou.rrep
0400 «0.25%) 01000 «0 1%) o TEM Mass Anal sis-EPA 600 sec. 2.5 0 TEM Qualitative via !3IOp Mount Prep
o NYS 19S.1 (friable in NY) TEM _ Water: EPA 100.2 0 Cincinnati Method EPA 600/R-04/004 - PLMfTEM
BC onl
o NYS 198.6 NOB (non-friable-NY) Fibers >10~m 0 Waste 0 Drinking I Other:
o NYS 198.8 SOF-V All Fiber Sizes 0 Waste 0 Drinking ,0
o NIOSH 9002 «1%)
o Check For Positive Sto Filter Pore Size
Samplers Name: a
Sample #
Date: 1700 hrs
Received (Lab): Date: Time: ?rO~ _
Comments/Special Instruc
Page 1 of ~ pages
CO"lfOUecJ Ooc.umtnl - Aso.-MDI cae - R10 - o~,.
Page 241
Paqe 1 Of 2
Paj 242
Item #26.
OrderID: 042222717
Asbestos Chain of Custody EMSL AN~\1'(TIC;" I'
EMSL Order Number (Lab Use Only): 200 ROLJTF 13 NORl H
,----- CINNAMINSON NJ 06~r-
EMSL ANALYTICAL.. INC. ,- __ CJ1_~_~~Z_
](7 PHONJ::. t8001221., JOI~
FAX 856) 786-:)974
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
VolumelArea (Air)
Sam HA# Bulk)
N L
·Comments/Speciallnstructions:
Page __d:::_ of x_ pages
CorltoHtG ooc..cncnt - AsDe.SIOl coe ..AIO - 05/0'1201'
Page 242
Paqe 2 Of 2
Paj 243
Item #26.
EMSL Order: 042222719
EMSL Analytical, Inc.
Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer po:
Tel/Fax: (800) 220-36751 (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Attention: Val De Rocili Phone: (302) 674-4427
Compliance Environmental, Inc. Fax: (302) 674-4429
150 South Bradford Street Received Date: 09/12/2022 9:20 AM
Dover, DE 19904 Analysis Date: 09/20/2022
Collected Date: 09/09/2022
Project: City of Dover P&I - 233,235,237,239 W Lockerman Street - Exterior & Roof
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
TC-1 Black Tar Coat - Top Black 5% Cellulose 95% Non-fibrous (Other) None Detected
Layer - East Side Non-Fibrous
042222719-0001 Homogeneous
RR-2-Rubber Roof Gray Rubber Roof Gray 15% SynthetiC 85% Non-fibrous (Other) None Detected
w/Roof Coating 2nd Fibrous
042222719-0002 Layer - East Side Homogeneous
RR-2-Roof Coating Gray Rubber Roof Silver 97% Non-fibrous (Other) 3% Chrysotile
w/Roof Coating 2nd Non-Fibrous
042222719-ooo2A Layer - East Side Homogeneous
RR-3 Black Rubber Roof - Black 100% Non-fibrous (Other) None Detected
Bottom Layer - East Non-Fibrous
042222719-0003 Side Homogeneous
TC-4 Black Tar Coat - Top Black 5% Cellulose 95% Non-fibrous (Other) None Detected
Layer - East Side Non-Fibrous
042222719-0004 Homogeneous
RR-5-Rubber Roof Gray Rubber Roof Gray 100% Non-fibrous (Other) None Detected
w/Roof Coating 2nd Non-Fibrous
042222719-0005 Layer - West Side Homogeneous
RR-5-Roof Coating Gray Rubber Roof Silver 98% Non-fibrous (Other) 2% Chrysotile
w/Roof Coating 2nd Non-Fibrous
042222719-ooo5A Layer - West Side Homogeneous
RR-6 Black Rubber Roof - Black 8% SynthetiC 92% Non-fibrous (Other) None Detected
Bottom Layer - West Fibrous
042222719-0006 Side Homogeneous
TC-7 Black Tar Coat - Top Black 6% Cellulose 94% Non-fibrous (Other) None Detected
Layer - North Side Non-Fibrous
042222719-0007 Homogeneous
RR-8-Rubber Roof Gray Rubber Roof Gray 100% Non-fibrous (Other) None Detected
w/Roof Coating 2nd Fibrous
042222719-oo0B Layer - North Side Homogeneous
RR-8-Coating Gray Rubber Roof Silver 98% Non-fibrous (Other) 2% Chrysotile
w/Roof Coating 2nd Non-Fibrous
042222719-oooBA Layer - North Side Homogeneous
RR-9 Black Rubber Roof - Black 8% SynthetiC 92% Non-fibrous (Other) None Detected
Bottom Layer - North Fibrous
042222719-0009 Side Homogeneous
FLT-10 Gray Flashing Tar - Gray 92% Non-fibrous (Other) 8% Chrysotile
Top Layer - Roof Non-Fibrous
042222719-0010 Edge E.Side Homogeneous
FLT-11 Black Flashing Tar - Black 92% Non-fibrous (Other) 8% Chrysotile
Bottom Layer - Roof Non-Fibrous
042222719-0011 Edge E.Side Homogeneous
FLT-12 Gray Flashing Tar- Gray 94% Non-fibrous (Other) 6% Chrysotile
Top Layer - Roof Non-Fibrous
042222719-0012 Edge W Side Homogeneous
FLT-13 Black Flashing Tar - Black 94% Non-fibrous (Other) 6% Chrysotile
Bottom Layer - Roof Non-Fibrous
042222719-0013 EdgeW. Side Homogeneous
( Initial report from: 09/20/2022 12:59:06
ASB_PLM_0008_0001- 1_78 Printed 9/20/2022 2:26 PM Page 1 of 2
Page 243
Paj 244
Item #26.
EMSL Order: 042222719
EMSL Analytical, Inc. Customer 10: COEN80
200 Route 130 North Cinnaminson, NJ 08077
Customer PO:
Tel/Fax: (800) 220-3675 / (856) 786-5974
Project 10:
• http://www.EMSL.com/cinnasblab@EMSL.com
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type
FLT-14 Gray Flashing Tar- Gray 92% Non-fibrous (Other) 8% Chrysotile
Top Layer - Roof Non-Fibrous
042222719-0014 Edge N.Side Homogeneous
FLT-15 Black Flashing Tar - Black 94% Non-fibrous (Other) 6% Chrysotile
Bottom Layer - Roof Non-Fibrous
042222719-0015 Edge N.Side Homogeneous
WC-16 White/Brown Window White 100% Non-fibrous (Other) None Detected
Caulk - W. Side-239 Non-Fibrous
042222719-0016 Homogeneous
WC-17 White/Brown Window White 100% Non-fibrous (Other) None Detected
Caulk - S .Side-237 Non-Fibrous
042222719-0017 Homogeneous
WC-1S WhitelBrown Window White 100% Non-fibrous (Other) None Detected
Caulk - S .Side-233 Non-Fibrous
042222719-0018 Homogeneous
FLT-19 Gray Flashing Tar - S Gray/Black 94% Non-fibrous (Other) 6% Chrysotile
.Side-239 Non-Fibrous
042222719-0019 Homogeneous
FLT-20 Gray Flashing Tar - Black 94% Non-fibrous (Other) 6% Chrysotile
W. Side-239 Non-Fibrous
042222719-0020 Homogeneous
Analyst(s)
Cory Caragiulo (23) Samantha Rundstrom, Laboratory Manager
or Other Approved Signatory
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL EMSL bears no responsibility for sample collection activities or analytical method limitations The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method")
but augmented with procedures outlined in the 1993 ("final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal govemment. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSLAnalytical, Inc. Cinnaminson, NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NJ DEP 03036, PA ID# 68-00367, LA #04127
( Initial report from: 09/20/2022 12:59:06
ASB_PLM_0008_0001- 1_78 Printed: 9/20/2022 2:26 PM Page 2 of 2
Page 244
Paj 245
OrderID: 042222719 Item #26.
Asbestos Chain of Custody
200 ROUTE 13J No~'j I'
EMSL Order Number (Lab Use Only):
oQV&Z-"Z,,1l4
CINNAMI '=()~J NJ (l 0 f
EMSL ANALYTICAL. INC.
r----- PHONE (800) :2::0-:0 "
F-Ax (8561 786-~l) .j
EMSL Customer 10: COEN80
Please Provide Results:
~~-~~-
Purchase Order:
o Residential/Tax Exe-m
3 Hour
'For TEM Air 3 hr hrough 6 hr, please call ahead to schedule 'There IS a premium Charge for 3 Hour TEM AHERA or EPA Leve/II TAT You will be asked to sign an
aulhonzatlon form for thiS serVIce Anal SIScom leled m accordance with EMSL's Terms and Condilions located m the Anal Ical Pnca GUide
PCM - Air Check if samples are TEM _ Air 0 4-4.Shr TAT (AHERA only) TEM- Dust --
from NY
o NIOSH 7400 o AHERA 40 CFR, Part 763 o Microvac - ASTM 0 5755
o wI OSHA 8hr. TWA o NIOSH 7402 o Wipe - ASTM 06480 ~ n
PLM - Bulk (reporting limit) o EPA Levell! o Carpet Sonication (EP6,,600f.B33/.!_67)
~ PLM EPA 600/R-93/116 «1%) o ISO 10312 SoillRockNermiculite
-f o PLM EPA 600/R-93/1;:tg with i
"b 1
o PLM EPA NOB «1%) TEM - Bulk
Point Count o TEM EPA NOB o PLM EPA 600/R-93/116 wit 'J .. prep «0.25%)
0400 «0.25%) 01000 «0.1%) o NYS NOB 198 4 (non-friable-NY) o TEM EPA 600/R-93/ft wit\.~iI1 prep «0 1%)
Point Count w/Gravimetric o Chatfield SOP o TEM Qualitative via e!Jratiqn Pre
0400 «0,25%) 0 1000 «0.1%) o TEM Mass Analysis-EPA 600 sec. 2,5 o TEM Qualitative via ~top !\fount Prep
o NYS 198.1 (friable in Ny) TEM - Water: EPA 100.2
o Cincinnati Method E(S. 60mR-04/004 - PLMITEM
BC onl
o NYS 198.6 NOB (non-friable-Ny) Fibers >10f,Jm 0 Waste 0 Drinking Other:
,cr-
o NYS 198.8 SOF-V Ail Fiber Sizes 0 Waste 0 Drinking
o NIOSH 9002 «1%)
Filter Pore Size
Samplers Name:
Sample #
,(,
-;
- ~
Time:
Received (Lab): Date: Time: C'f20...4<.--: __
Comments/Special Instruction
Page 1 of 4 pages
Page 245
Paqe 1 Of 2
Paj 246
Item #26.
OrderID: 042222719
Asbestos Chain of Custody EMSL ANAl'y'TIC,\1 I:~r:
200 ROUTE 130 NORHI
EMSL Order Number (Lab Use Only):
.----- CINNAMINSON Nj 050--
EMSL ANALYTICAL. INC. 6LfZZz- 'L.- t_l4~ ---.J PHONE (800) 220-30:t
FAX (856) 786 58i'li
Additional Pages of the Chain of Custody are only necessary if needed for additional sample information
Sam Ie Description
·Comments/Special Instructions:
Page ~ of ~ pages
ContrOlled OocumeM - A50beStO~ COC - R10 - 05/0012016
Page 246
Paqe 2 Of 2
Paj 247
Item #26.
ATTACHMENT E
Certifications.
Compliance Environmental, Inc. COD-233-239WLoockermanSt-ACM-Insp.wpd Page 247
Paj 248
Item #26.
STATE OF DELAWARE
Department of Finance
Division of Revenue
ACTIVE BUSINESS LICENSE
1993101897
01/0112022 - 12/31/2024
COMPLIANCE ENVIRONMENTAL INC
1505 BRADFORD 5T
DOVER DE 19904-7318
COMPLIANCE ENVIRONMENTAL INC
1505 BRADFORD 5T
DOVER, DE 19904-7318
'qRADE, BUSINESS, OR
PROFESSIONAl ACTIVITY
GENERAL SERVICES
2024
Is hereby licensed to practice, conduct, or engage in the
ISSUED: 12/12/2021 occupation or business activity indicated above in
FEE PAID: $225.00 accordance with the license application duly filed
pursuant to Title 30, Delaware Code.
POST CONSPICUOUSLY - NOT TRANSFERABLE
~~~
~
Page 248
Paj 249
Item #26.
6&t STATE OF DELAWARE
••
Has satisfactorily
Abatement
completed the requirements
Professional Service Firm this
THIS CERTIFIES
COMPLIANCE
THAT
ENVIRONMENTAL,
prescribed by the Office of Management
INC.
& Budget as a Asbestos
Seventeenth Day of November Two Thousand Twenty-One
This certification is valid for one (1) year to perform asbestos services within the State of Delaware.
This certification shall be proof that the above-named Contractor has met the minimum requirements established
" by the State of Delaware for temporary certification. It is not intended as an overall endorsement of the
Contractor's ability to provide services of varying size and shape. It does not endorse the methods and types of
respiratory protection used by the Contractor.
Contractor's Address: 150 South Bradford Street
Dover DE 19904
Expiration Date: November 17.2022
Certification Number: PS - 133
.'
Page 249
Paj 250
Item #26.
AEROSOL MONITORING 8t ANALYSIS, INC.
This is to certify that
RONALD HERCHA JR
has met the attendance requirements and successfully completed
the course entitled
4-HOUR EPA ASBESTOS INSPECTOR REFRESHER
For Accreditation Under TSCA Title II
09/07/2021 09/07/2021 9/7/2022 STEVE SIERACKI
Course Date Exam Date Expiration Date Principal Instructor
AIREF09072021-1 VAAIREF09072021-1 E. Rush Barnett
Certification No. Virginia Certification No. Course Director
1331 Ashton Road P. D. Box 646 Hanover, MD 21076 P: 410-684-3327 F: 410-684-3724
www.amatraining.com
Page 250
Paj 251
Item #26.
AEROSOL MONITORING &. ANALYSIS, INC.
This is to certify that
KA THLEEN PEEL
has met the attendance requirements and successfully completed
the course entitled
4-HOUR EPA ASBESTOS INSPECTOR REFRESHER
For Accreditation Under TSCA Title 1/
08/09/2022 08/09/2022 8/9/2023 STEVE SIERACKI
Course Date Exam Date Expiration Date Principal Instructor
VAlREF08092022-11 VAVAlREF08092022-11 E. Rush Barnett
Certification No. Virgini" Certification No. Course Director
1331 Ashton Road P.O.Box646 Hanover, MD 21076 P: 410-684-3327 F: 410-684-3724
www.amatraining.com
Page 251
Paj 252
Item #26.
United States Department of Commerce
National Institute of Standards and Technology
~W~£. ®
Certificate of Accreditation to ISO/IEC 17025:2017
NVLAP LAB CODE: 101048-0
EMSL Analytical, Inc.
Cinnaminson, NJ
is accredited by the National Voluntary Laboratory Accreditation Program for specific services,
listed on the Scope of Accreditation, for:
Asbestos Fiber Analysis
This laboratory is accredited in accordance with the recognized International Standard ISOIIEC 17025:2017,
This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality
management system (refer to joint ISO-ILAC-IAF Communique dated January 2009),
2022-07-01 through 2023-06-30
Effective Dates For the 'V,atio,nal Volunt 'Y.
'-.,../'
Page 252
Paj 253
Item #26.
National Voluntary
Laboratory Accreditation Program
SCOPE OF ACCREDITATION TO ISOIIEC 17025:2017
EMSL Analytical, Inc.
200 Route 130 North
Cinnaminson, NJ 08077
Ms. Samantha Rundstrom
Phone: 856-303-2577
Email: srundstrom@emsl.com
http://www.emsl.com
ASBESTOS FIBER ANALYSIS NVLAP LAB CODE 101048-0
Bulk Asbestos Analysis
Code Description
IS/AOI EPA -- 40 CFR Appendix E to Subpart E of Part 763, Interim Method of the Determination of
Asbestos in Bulk Insulation Samples
IS/A03 EPA 6001R-93/lI6: Method for the Determination of Asbestos in Bulk Building Materials
Airborne Asbestos Analysis
Code Description
IS/A02 u.s. EPA's "Interim Transmission Electron Microscopy Analytical Methods-Mandatory and
Nonmandatory-and Mandatory Section to Determine Completion of Response Actions" as found in
40 CFR, Part 763, Subpart E, Appendix A.
For the Nat~onal Voluntarx L borat~ Accreditation Program
..••...,/
Effective 2022-07-01 through 2023-06-30 Page I of I
Page 253
Paj 254
Item #26.
COMPLIANCE ENVIRONMENTAL, INC.
150 South Bradford Street, Dover, Delaware 19904
Phone: 302-674-4427 Fax: 302-674-4429
www.compliancecanhelp.com
Science, Technology, Management
October 3, 2022
Mr. Eddie Kopp, Chief Code Enforcement Officer
City of Dover, Planning and Inspections
City Hall, 15 East Loockerman Street
Dover, Delaware 19901
Reference: 233, 235, 237 and 239 W. Loockerman Street: Asbestos Abatement
Contractor Bids; Award Recommendation.
Dear Mr. Kopp:
Compliance Environmental, Inc. (CEI) received bids from licensed asbestos abatement
contractors to perform the necessary work to remove exposed asbestos-containing materials from
the above referenced address. The building was subjected to fire damage with some locations
within the building currently unsafe to enter. The building is planned for demolition.
The asbestos abatement project would involve a two-step phased process: the first phase is the
safe removal all exposed asbestos-containing materials and the second phase, removal of the
remaining asbestos-containing materials assisted by the building demolition process.
Bids from asbestos abatement contractors for the first phase were received on
September 30, 2022 as follows:
1. Bristol Environmental, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 122,318.00
2. Plymouth Environmental Company, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 124,000.00
3. County Environmental Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 183,650.00
CEI performed a descope meeting with the low bidder, Bristol Environmental, Inc. (Bristol), to
understand any contingencies placed in their bid. After the meeting, Bristol submitted a revised
proposal in the amount of $ 89,825.00 for completion of the first phase. Since the time required
to complete the second phase is currently unknown, Bristol submitted time and material rates.
These rates will be used to generate an invoice for the second phase using the amount of effort
needed for the project.
Compliance Environmental, Inc. CODPI-WLoockerman-Bristol Award Recom_100322.wpd Page 254
Paj 255
Mr. Eddie Kopp 233, 235, 237 and 239 W. Loockerman Street: Item #26.
City of Dover Planning & Inspections Asbestos Abatement Contractor Bids; Award Recommendation.
October 3, 2022
Page 2 of 2
Based upon the information reviewed and the current condition of the building, CEI recommends
that you consider awarding the asbestos abatement project to Bristol in the amount of
$ 89,825.00 for the first phase. The second phase work would be invoiced using their attached
time and material rates.
If you have any questions or require additional information, please call my office at
(302) 674-4427, x101.
Sincerely,
COMPLIANCE ENVIRONMENTAL, INC.
Valentino P. De Rocili, Ph.D., CHMM
Senior Principal Consultant
vderocili@compliancecanhelp.com
Attachments:
(10-Pages): Asbestos Abatement Contractor Bids.
(1-Page): Bristol Environmental, Inc. Time & Materials Rates.
Compliance Environmental, Inc. CODPI-WLoockerman-Bristol Award Recom_100322.wpd Page 255
Paj 256
Item #26.
Page 256
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Item #26.
Page 257
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Item #26.
Page 258
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Item #26.
Page 259
Paj 260
Item #26.
Page 260
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Item #26.
Page 261
Paj 262
PLYMOUTH ENVIRONMENTAL Item #26.
Company, Inc.
-Environmental Solutions
Friday, September 30, 2022
Mr. Eddie Kopp
Chief Code Enforcement Officer
City of Dover
PO Box 475
Dover, DE 19903
RE: Asbestos Abatement
233-239 W
Loockerman St.
Dover, DE
Plymouth Environmental Co., Inc. is pleased to submit the following proposal for the above
project.
SCOPE OF WORK:
Base Bid #1
Remove and dispose the positive asbestos materials as outlined in table 1 page 1-2
Containment/Removal Procedures:
Remote Three stage decontamination unit.
All proper PPE will be utilized (Half face respiratory protection, TYVEK coverall, and
proper hand, eye, foot protection for all work activities).
Total Abatement............................. $124,000.00
Conditions
1. The above price is based upon Plymouth to supply water and electric for the
duration of the project
2. The above price does not include any air monitoring.
3. The above price does not include any bonds.
4. The above price does not include any prevailing wage rates.
5. Plymouth will have 1 supervisor and 2 workers on site at all times.
6. Waste Hauler – Republic, Can Do or Waste Management or TBD and Disposal
Modern Landfill, Western Berks and/or Cherry Island, or TBD.
7. The above price does not include any permits.
8. Plymouth estimated work hours between the hours 7am-3:30pm.
9. The above price does not include any structural bracing. If the job is unsafe work will
stop.
Asbestos Abatement - Mold Remediation - Selective Demolition - Lead Paint Abatement
923 Haws Avenue Norristown, PA 19401 USA Phone 610.239.9920 fax 610.239.9921 Page 262
Paj 263
PLYMOUTH ENVIRONMENTAL Item #26.
Company, Inc.
-Environmental Solutions
Friday, September 30, 2022
Page 2 of 2
The above price includes all labor, material and equipment to perform the project. All
prevailing federal, EPA, OSHA, state and local regulations will be followed. All work will be
performed by EPA certified and licensed asbestos workers. All asbestos containing material
will be disposed in an EPA certified landfill.
The above price includes 5 million occurrence and 5 million aggregate comprehensive
general liability insurance on an occurrence basis with the ability to name the building owner
as additional insured. All insurance coverage is provided by an A+ Superior rated insurance
company.
Plymouth Environmental looks forward to working with you. Should you have any
questions please feel free to call any time.
Respectfully,
James M. Kelly
Vice President
ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are
satisfactory and are hereby accepted. You are authorized to do the work.
TERMS: 30 Days net. If Plymouth should be required to institute legal action, suit,
arbitration or other proceeding; or respond, defend and or counterclaim to any such action
of any nature, in connection with any controversy arising of this Agreement; including, but
not limited to, any action to enforce the payment terms of this Agreement; then Plymouth
shall be entitled to reasonable attorney fees, costs, and other expenses incurred in
connection with such action (s).
Signature Date
Asbestos Abatement - Mold Remediation - Selective Demolition - Lead Paint Abatement
923 Haws Avenue Norristown, PA 19401 USA Phone 610.239.9920 fax 610.239.9921 Page 263
Paj 264
cec
county environmental company
Item #26.
461 New Churchman’s Road
New Castle, Delaware 19720
Toll free: 800-326-8946Sa
Office: 302-322-8946
Fax: 302-324-8482
Asbestos Abatement
Bid Form:
223,235,237,&239 West Lookerman St
Cost proposal shall be provided to the parties indicated below:
To: Mr. Ed Kopp
City of Dover
PO Box 475
Dover, De. 19903
Name of Bidder: County Environmental Company
Delaware Business License No: 1992105800 Taxpayer ID No. 51-0341630
Other License No: Delaware Asbestos License # C-0026
Phone No: (302) 322-8946 Fax No. (302) 324-8482
SCOPE OF WORK: Per the scope of work and asbestos report by Compliance. Approx, 2,300 sf of roofing on 237&239 with partial roof collapsed,
2,00 sf of roofing 3rd fl. Bldgs. 233 & 235, 500 sf of roofing 2nd fl. Flashing on 3rd fl.1,600 sf 2nd fl.100 sf partially collapsed roof and intermingled
with fire debris, 300 lf of piping insulation in 237, 15 pipe fittings in bldg. 237&239, 10 lf in bldg. 239 front rm.and thru out the bldg.. 900 sf of floor
tile and mastic in bldg. 239 front rm and any other items in the asbestos report.
$ _One Hundred Eighty Three Thousand Six Hundred Fifty Dollars and zero cents______
($183,650.00) Total Calendar Days:_75 Total Crew Size: _6 Total Work Days : _45___
PAYMENT TERMS:
Deposit Required: 0% Balance Due: 30 Days form receipt of invoice
We accept MasterCard, Visa and Check for services rendered.
Past due balances will be subject to a 1½ % per month (18% annual) service charge. On balances past 60 days, County Environmental Co. reserves
the right to engage a collection agency or attorney to collect any sums due. Customer agrees to pay all costs associated with the collection process,
including but not limited to collector’s and/or attorney’s fees, County Environmental Co.’s collection cost and court costs.
I/We acknowledge Addendums numbered _NA_ and the price(s) submitted include any cost/schedule impact they may have.
Bid shall remain valid and cannot be withdrawn for 60 calendar days from the bid due date.
Waste Facility: Modern Landfill Waste Hauler #1: Can DO Services
44000 Mt. Pisgah Rd. 185 Old Churchmans Rd.
York, PA 17406 New Castle, De. 19720
Ph. #: 717-246-2886 Ph#.302-325-1000
EPA ID # 10-17437N
Respectfully,
Virgel Cassel
Project Manager/Safety Auditor
a safer environment for tomorrow… www.countygrp.com
Page 264
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Item #26.
Page 265
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Item #26.
Page 266
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Item #26.
Page 267
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Item #26.
COMPLIANCE ENVIRONMENTAL, INC.
150 South Bradford Street, Dover, Delaware 19904
Phone: 302-674-4427 Fax: 302-674-4429
www.compliancecanhelp.com
Science, Technology, Management
October 4, 2022
Mr. Eddie Kopp, Chief Code Enforcement Officer
City of Dover, Planning and Inspections
City Hall, 15 East Loockerman Street
Dover, Delaware 19901
Reference: 233, 235, 237 and 239 W. Loockerman Street: Phase 2 Asbestos Abatement
Budget Estimate.
Dear Mr. Kopp:
Compliance Environmental, Inc. (CEI) was asked to prepare a budget cost estimate for the Phase
2 asbestos abatement work anticipated at the above referenced location. As you know, the
building was subjected to fire damage with some locations within the building currently unsafe to
enter. Because of this condition, the asbestos abatement project would involve a two-step phased
process: Phase 1 is the safe removal all exposed asbestos-containing materials and Phase 2, the
removal of the remaining asbestos-containing materials assisted by the building demolition
process.
Attached is our Phase 2 asbestos abatement budget estimate using time and material rates from
Bristol Environmental, Inc. (Bristol), the low bidder for Phase 1 of the project.
In summary, we estimate the cost of the Phase 2 asbestos abatement work by Bristol to be
$ 38,706.10 and should be considered a budgetary number for the project. The actual cost of
Phase 2 will vary based upon project conditions.
If you have any questions or require additional information, please call my office.
Sincerely,
COMPLIANCE ENVIRONMENTAL, INC.
Valentino P. De Rocili, Ph.D., CHMM
Senior Principal Consultant
vderocili@compliancecanhelp.com
Attachments:
(1-Page): Phase 2: Asbestos Abatement Budget Estimate.
(1-Page): Bristol Environmental, Inc. Time & Material Rates.
Page 268
Compliance Environmental, Inc. CODPI-WLoockerman-Phase 2 Budget Estimate_100422.wpd
Paj 269
Item #26.
10/4/2022
CITY OF DOVER 233-239 W. LOOCKERMAN STREET BUILDING
PHASE 2: ASBESTOS ABATEMENT BUDGET ESTIMATE
Phase 2 asbestos abatement will be perform after the completion of Phase 1 and concurrently
with demolition of the building. The demolition contractor shall assist the asbestos abaterment contractor in completing
the abatement. The cost of the demolition contractor is not included in this budget estimate.
I. Bristol Environmental, Inc. Time and Material Rates
Category Regular Time Overtime Unit Unit w/Markup
Rate per Hour Rate per Hour Rate per Hour Rate per Hour
Mobilization NA NA $1,500.00 NA
Asbestos Supervisor $52.00 $78.00 NA NA
Asbestos Worker $39.40 $59.10 NA NA
OSHA Air Monitoring NA NA $25.00 $28.75
Consumables/MH NA NA $8.49 $9.76
Generator NA NA $35.00 $40.25
Vehicle Mileage NA NA $0.63 NA
II. Estimate Phase 2 Budget Cost Calculation
Estimated Number of Working Days = 15 Working Days
Category Quantity Billing Rate Lump Sum
Per Working Day Per Working Day Billing Rate
Mobilization NA NA $1,500.00
Asbestos Supervisor 1 $416.00 NA
Asbestos Worker 3 $945.60 NA
OSHA Air Monitoring 1 $28.75 NA
Consumables/MH 32 $312.43 NA
Generator 1 $40.25 NA
Vehicle Mileage 160 $100.80 NA
Cost per Working Day = $1,843.83
One-Time Cost = $1,500.00
Estimate Total Crew Cost = $27,657.48
One-Time Mobilization Cost = $1,500.00
Estimate Waste Disposal Cost = $4,500.00
Project Contingency = $5,048.62 15-percent of costs
Total Estimated Phase 2 Cost w/Contingency = $38,706.10
NOTES:
1. Phase 2 asbestos abatement will be perform concurrently with demolition of the building.
The demolition contractor shall assist the asbestos abaterment contractor in completing
the abatement. The cost of the demolition contractor is not included in this budget estimate.
2. This budget estimate was prepared using an estimate of time required to perform the
work. The actual time will vary based upon project conditions.
3. Budget estimate prepared for asbestos abatement costs only using rates submitted by
Bristol Environmental, Inc.
4. No overtime hours are anticipated for this project.
5. Estimate based upon current conditions of building and known locations of asbestos.
Page 269
Compliance Environmental, Inc.
Paj 270
Item #26.
Page 270
Paj 271
FIRST READING
Item #28.
City of Dover
PROPOSED ORDINANCE #2022-08
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities – Section 66-3
5 Manufactured and mobile homes, be amended by inserting the text indicated in bold, blue font and
6 deleting the text indicated in red strikeout as follows:
7
8 Section 66-3 – Manufactured and mobile homes.
9
10 (a) Placement permit. Every owner of a manufactured home shall apply for and obtain from the city
11 planner or his/her authorized agent a placement permit for such manufactured home prior to
12 placement of the home within the city. The owner of the manufactured home shall pay a fee for
13 such permit as provided for in Appendix F—Fees and Fines. No certificate of occupancy shall be
14 issued for a newly placed manufactured home that has not also been issued a placement permit.
15
16 (b) Inspection. Prior to the issuance of a certificate of occupancy for any manufactured home, the
17 home shall pass inspection by a city building inspector licensed as a manufactured home inspector
18 by the state. The owner of the manufactured home shall cause a manufactured home installer
19 licensed by the state to firmly attach the home to the ground by means of a permanent foundation
20 or anchors, and cause any open space beneath the unit to be skirted or enclosed with material
21 approved by the building inspector.
22
23 (c) License. The owner of any mobile home or manufactured home that is not placed on a permanent
24 foundation shall obtain an annual license for it. The owner of the mobile home or manufactured
25 home shall pay an annual fee for such license as provided for in Appendix F—Fees and Fines.
26 Any Manufactured Home owned by the Community Owner or Assignee that is purchased or
27 repossessed by the Community Owner or Assignee in the Community must be re-inspected
28 for habitability before being sold or rented to any person to remain in the Community and
29 no Certificate of Occupancy or license shall be approved unless inspected and certified by a
30 city building inspector. This is the sole responsibility of the Community Owner or Assignee
31 and if this subsection is not complied with, the Community Owner or Assignee shall be
32 assessed fees and fines in accordance with Appendix F, each day the home is occupied
33 without it being approved for resale or rental. If such manufactured home is newly moved into
34 the city, the owner of the manufactured home shall obtain the license and shall pay the license fee
35 within seven days of issuance of a certificate of occupancy for the home. Payment of the license
36 fee shall be prorated on a quarterly basis for each fractional part of a year during which the
37 manufactured home is in the city.
38
39 (d) Conditions for license. No license for a new manufactured home shall be issued until the home has
40 passed inspection and received a certificate of occupancy as required by this section.
Page 271
Paj 272
Proposed Ordinance #2022-08 – Chapter 66, Section 66-3 Manufactured and mobile homes Page 2
Item #28.
41
42 (e) Moving within or out of city. When the owner of a mobile home or manufactured home removes
43 the home from its current site or lot, the owner shall obtain a demolition permit for the removal.
44
45 (f) Use of city utilities. Owners of all types of manufactured homes shall coordinate with city
46 departments during the permitting and licensing process regarding the appropriate times to transfer
47 responsibility for utilities and activate service.
48
49 (g) The owner of the home will have in their possession a Delaware Motor Vehicle Title. The
50 Community owner or Assignee will have on file all Delaware Motor Vehicle Titles for rental
51 homes owned by said community.
52
53 (h) In addition to City fines for violations, should the City uncover any fraudulent practices it
54 must be reported to the Department of Justice for investigation.
55 (Ord. No. 2018-01 , 9-24-2018)
56
57 BE IT FURTHER ORDAINED:
58
59 That Appendix F - Fees and Fines, Chapter 66 - Manufactured Homes, Mobile Homes, and Land
60 Lease Communities be amended by inserting the text indicated in bold, blue font and deleting the
61 text indicated in red strikeout, as follows:
62
Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Fees and Fines
Communities
Sec. 66-3. Manufactured and mobile homes
Subsec. (a) Required fee from homeowner $50.00 each one-time
placement permit
Subsec. (c) Required fee from homeowner $45.00 each license
annually
Subsec. (c) Violations; Penalties Not less than $100, nor
more than 1,000 for each
violation
63
64 ADOPTED: *
65 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd
66
67
68 SYNOPSIS
69 Community Owners repossess homes for several reasons including the failure to pay the lot rent, four
70 late rent payments in a year, or other lease offenses. They also buy new homes, used homes, and a shell
71 of a house with no requirement that the home buyer use licensed or competent labor to make the home
72 habitable. The city cannot interfere with a homeowner selling to a prospective buyer. Manufactured
73 Homes leave the factor with a unique registration number as do vehicles. Delaware requires each home
74 to have a Title and sales and resales are handled as if the home was a vehicle. As indicated by Deputy
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Proposed Ordinance #2022-08 – Chapter 66, Section 66-3 Manufactured and mobile homes Page 3
Item #28.
75 Attorney Brian Eng, and evidenced at Kings Cliffe, homes are being sold without Titles transferred to
76 the buyer, an illegal act.
77
78 The intent of this amendment is to ensure that any home sold by the community owner, or any re-seller
79 of homes, including a Straw owner, from selling a home that would be a health or safety hazard for an
80 unsuspecting buyer.
81
82 (SPONSORS: NEIL AND ANDERSON)
83
84
85 Actions History:
86 September 27, 2022 – Introduced at Legislative, Finance, and Administration Committee
October 10, 2022 – Scheduled for First Reading at Regular Council Meeting
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Item #29.
City of Dover
CITY OF DOVER ORDINANCE #2022-10
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 22 – Buildings and Building and Regulations, Article VII – Property Maintenance Code
5 be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red
6 strikeout as follows:
7
8 CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS
9
10 ARTICLE VII. – PROPERTY MAINTENANCE CODE
11
12 Section 22-226 Violations and penalties
13
14 (a) Any person, firm, or corporation who violates any provision of this article shall be
15 penalized by a fine as provided for in Appendix F—Fees and Fines.
16
17 Secs. 22-2267—22-250. - Reserved.
18
19 BE IT FURTHER ORDAINED:
20
21 That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by
22 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
23
24 APPENDIX F – FEES AND FINES
25 Chapter 22. Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article III. Building Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-61. Adopted (International Building Code)
Sec. 105.5.1. Expiration; Additional 180-day extensions may be granted $25.00 per 180-day
with payment of a renewal fee extension
Sec. 113.4. Violation penalties; Each day that a violation continues shall Fine of not less than
be deemed a separate offense $100.00 or more than
$10,000.00
Sec. 114.3. Unlawful continuance
First offense $100.00
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service
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Item #29.
Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and
Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties
and Appendix F - Fees and Fines Page 2
Second offense $250.00
Third offense $500.00
Fourth and subsequent offenses No less than $1,000.00
and no more than
$10,000.00
Sec. 22-65. Permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector. The building inspector may waive the doubling of
fees in cases where the building permit applicant is not a professional contractor, and the work is
not being done by a professional contractor.
Subsec. (a) Building permits $25.00 for first
$1,000.00 of costs and
$8.00 for each
additional $1,000.00 of
costs or multiples
thereof up to
$10,000,000.00 of
costs, $6.00 for each
additional $1,000.00 of
costs or multiple
thereof up to
$20,000,000.00, and
$5.00 for each
additional $1,000.00 of
costs or multiple
thereof above
$20,000,000.00
Subsec. (a) Fence permits $25.00 for first
$1,000.00 of costs and
$8.00 for each
additional $1,000.00 of
costs or multiple
thereof
Subsec. (a) Sign permits $0.75 per square foot
of sign area; minimum
fee for each permit
$50.00
Subsec. (a) Swimming pool permits $25.00 for first
$1,000.00 of costs and
$8.00 for each
additional $1,000.00 of
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P.O. Box 475 ❖ Dover, Delaware ❖19903
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Item #29.
Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and
Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties
and Appendix F - Fees and Fines Page 3
costs or multiple
thereof
Subsec. (a) Demolition permits, any building which is being demolished $50.00; $0.00 if
for the purpose of vacating the land for future development or condemned and
construction upon the same required to be
demolished by the city
or any public entity
Subsec. (a) Moving permits, each building $250.00
Subsec. (a) Construction plan reviews, nonresidential (Not subject to $20.00 per set of plans
doubling)
Subsec. (b) Reinspections (Not subject to doubling)
First reinspection $0.00
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Article IV. Electrical Installations
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-110. Violations Not less than $25.00 or
more than $1,000.00
Article V. Mechanical Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-145. Heating, air conditioning, and heat pump permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector.
Subsec. (a) Heating permit $40.00 first 10,000
BTUs and $7.00 each
additional 10,000 BTUs
or multiple thereof
Subsec. (a) Air conditioning permit $40.00 per ton for the
first five tons and
$7.00 per ton over five
tons or multiple
thereof
Subsec. (a) Heat pump permit $40.00 first 10,000
BTUs and $7.00 for
each additional 10,000
BTUs or multiple
thereof or $40.00 per
ton for the first five
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P.O. Box 475 ❖ Dover, Delaware ❖19903
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Item #29.
Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and
Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties
and Appendix F - Fees and Fines Page 4
tons and $7.00 per ton
over five tons or
multiples thereof
Article VI. Plumbing Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-185. Permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector. The building inspector may waive the doubling of
fees in cases where the building permit applicant is not a professional contractor, and the work is
not being done by a professional contractor.
Subsec. (a) Enumerated
Fixtures $35.00 first five
fixtures and $3.00 for
each additional fixture
Garbage disposal and hot water heaters A minimum fee of
$35.00
Gas, water and sewer inspection underground $30.00 for first 150
feet and $0.75 for each
additional ten feet or
multiple thereof
Article VII. Property Maintenance
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
(1) Lien. Any fines or fees imposed that remain unpaid shall:
(a) Be added to the tax duplicate for the tax year said citation was issued by the city and
invoiced as part of the annual property tax bill for said property and collected as part of the city
property tax collection process, and
(b) Be placed by the city as specified in the municipal lien docket as a lien against the
property on which the violation occurred.
Sec. 22-226. Violations
Subsec. (a) Violations; penalties Not less than $25.00,
nor more than
$1,000.00
Article VIII. Leases
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-251. Unlawful leases
Subsec. (g) Violations; penalties
First offense $50.00
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Item #29.
Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and
Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties
and Appendix F - Fees and Fines Page 5
Each subsequent offense $100.00
Article IX. Lodging Houses
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-301. Generally
Subsec. (b) Expiration; fee
Annual permit fee $50.00 for the first ten
rooms and $5.00 for
each additional room.
Annual dormitory permit fee $50.00 for the first ten
rooms and $2.50 for
each room thereafter.
Subsec. (c) Failure to pay on due date A penalty fee in the
amount of ten percent
per month of the
amount of the license
fee until the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Article X. Rental Dwellings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-332. Inspection required
Subsec. (b) Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $50.00
If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent
per month of the amount of the license fee until the same is paid.
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-351. Generally
Subsec. (a) Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $100.00
Single-family attached dwelling, each dwelling $80.00
Subsec. (b) Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $100.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $100.00
For each additional dwelling unit in excess of three $35.00
Condominium units and accessory apartments located within $35.00
structures principally used for owner occupancy, each
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Item #29.
Proposed Ordinance #2022-10 - Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and
Building Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation and penalties
and Appendix F - Fees and Fines Page 6
Subsec. (c) Late payment penalty A penalty fee in the
amount of ten percent
per month of the
amount of the license
fee until the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Sec. 22-360. Enforcement, Fees and Penalties, Reporting
Subsec. (a) Short term rental license $100.00 annually,
prorated for partial
year
Subsec. (b) Failure to register and obtain a license $100.00 (not prorated)
in addition to license
Subsec. (c) Penalties for violations $100.00 per offense
Article XI. Dangerous Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-386. Violations; penalties for disregarding notices or orders
Subsec. (a) Violations by owner, each offense, minimum $100.00
Subsec. (b) Violations by occupant or lessee, each offense, minimum $100.00
Subsec. (c) Removal of notice, each offense, not to exceed $100.00
Article XII. Vacant Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
shall be automatically doubled in amount.
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings <10,000 SF:
Buildings vacant one year or less $375.00
Buildin