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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on October 14, 2024, at 7:18 p.m. with Council
President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Dr. Sudler, Mr. Rocha, and Mr. Lewis.
Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Marney, Ms. Melson-
Williams, Fire Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also
present.
OPEN FORUM
The Open Forum was held at 6:33 p.m., prior to commencement of the Official Council Meeting.
Council President Anderson declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Pastor Sheila Lomax of Holy Trinity Church expressed frustration with the ongoing excuses and
emphasized the need for tangible results. She asked what could be done collaboratively and
inquired about the specific responsibilities of the city and the police, stressing that these duties
should not fall solely on the church. Pastor Lomax pointed out that the church cannot fulfill the
city’s obligations, just as the city cannot take on the church’s role. She further asked for clarity
on where things currently stand and how the city and police plan to assist. Pastor Lomax
underscored the importance of collective effort, noting that solving these challenges requires
more than one person. She urged everyone to come together, stop making excuses, and take the
necessary actions to move forward.
Dr. Sudler requested more clarity on the process to ensure constituents understand exactly what
to expect, acknowledging that this is a new procedure. He apologized for the complications they
are currently facing and expressed confidence that Mayor Christiansen and the Chief of Police
would be able to provide the necessary answers. Dr. Sudler emphasized his desire to stay
informed and assured everyone that he, Mr. Anderson, and Mr. Boggerty, are committed to
assisting and working together as a team to get the job done. He also pointed out a distinction
between what can be done from a charter perspective and what can be done in practice under the
charter, highlighting the need for clarity on these limitations.
For the record, Mr. Boggerty clarified that he has had multiple conversations, including with the
presiding Bishop of the Reformation, regarding the building and the efforts being made to
address code enforcement issues.
Pastor Leroy Bradshaw, Brotherhood/Sisterhood Team of Ministry, stated that the crime would
still be there. They cannot blame the police or the people. He said that until they can start
working as one, they will continue to have problems. They will never get rid of the homeless,
they will always have the homeless. Pastor Bradshaw explained that they need to find resources
to help the people. He is for the people and prayed that they are not blaming the church.
Mr. EShed Alston, 406 Arnold Court, Dover, stated that he wanted to talk about the upcoming
election. Mr. Aston stated that to his knowledge up to 40% of the citizens do not vote every year,
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not even in a presidential year. He has been working on trying to get debates on either side so
that the public would be knowledgeable about not only what is at stake but what is at risk. He
believes America is at risk.
Beverly Henry shared that she has worked on outreach efforts in Wilmington and volunteered at
a place called Sojourner’s House, which operates differently from traditional rehabilitation
centers. She explained that while typical rehabilitation centers discharge individuals within a few
days, often without a structured plan, Sojourner’s House takes a more comprehensive approach.
Ms. Henry noted that only two locations in Delaware offer Sojourner’s House services. The
program not only supports individuals struggling with alcohol and drug addiction but also helps
those experiencing homelessness. Sojourner’s House brings people off the streets and assists
them in enrolling in Medicaid and completing job applications. Unlike other programs, they do
not release individuals back into the public until they are ready. While Ms. Henry acknowledged
that not everyone is prepared for the structure Sojourner’s House provides, she stressed that if
they could engage some of the individuals on the street, those individuals could secure stable
housing by the time they leave the program. Importantly, residents do not have to pay for it.
Dr. Sudler recommended that Ms. Henry reach out to Pastor Sheila Lomax of Holy Trinity
Church, suggesting that a partnership could begin there. He proposed organizing a healthcare fair
with the involvement of Mr. Anderson, Mr. Boggerty, and himself. Dr. Sudler further suggested
revitalizing and introducing Ms. Henry’s program to the community, starting in areas where it is
most needed, such as New Street, and eventually expanding it throughout the city.
Ms. Shereen Williams voiced concerns about the City of Dover’s employment practices,
particularly regarding potential bias in hiring. She highlighted her qualifications, noting that she
holds three (3) advanced degrees, including an Executive MBA in Innovation Management from
Temple University and a degree in New Media Journalism from Full Sail University. Ms.
Williams explained that she had applied for several positions with the City of Dover, including
the Controller Treasurer position, for which her qualifications and professional experience far
exceeded the minimum requirements. As evidence of her credentials, she submitted her resume,
transcript, and cover letter for Council to review. Despite participating in two (2) interviews with
the city, Ms. Williams did not receive a follow-up call or job offer. After her second interview,
the interviewer escorted her from the building, commenting that she was overqualified for the
role.
Ms. Williams questioned why highly qualified candidates are being overlooked and whether
unspoken biases might influence hiring decisions. She stressed that her concerns are not merely
personal but reflect broader systemic issues within the city's hiring policies, which are intended
to prohibit discrimination. She further asked how a candidate could be deemed overqualified
based solely on an interview and requested clarification on the qualifications of the individual
who was ultimately hired. Ms. Williams asked whether the chosen candidate's qualifications
were indeed superior to hers.
Responding to Mr. Anderson, Ms. Williams stated that she was interviewed for the Controller
Treasurer position.
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Responding to Mr. Rocha, Ms. Williams explained that she had interviewed for other positions
within the City of Dover but was neither hired nor provided with any feedback. She noted that
she had recently applied for the Controller Treasurer position, believing she was overqualified
for that role, as well as for every other position she applied for—yet she received no offer or
further communication.
In response to Mr. Lewis, Ms. Williams clarified that the position in question, for which she was
deemed either unqualified or highly qualified, was the FOIA position. She added that personnel
informed her she was considered overqualified for the role.
Responding to Mr. Hare, Ms. Williams stated that she has an Executive MBA degree from
Temple University, an Innovation Management degree from Temple University, a degree in New
Medium Journalism, a master’s degree from Full Sail University, and a bachelor’s degree in
social work from Delaware State University.
Lachelle Paul, 501 Silverside Drive, emphasized the importance of addressing constituents'
concerns regarding the policing process. She mentioned that she has spoken with the Police
Chief multiple times about issues faced by residents on New Street, noting that several
individuals have approached him personally. Ms. Paul inquired about the financial resources
required to ensure that the budget accommodates the necessary number of officers to provide
adequate protection in high-crime areas. She further questioned what actions are being taken to
resolve these issues and ensure that the appropriate officers are deployed to effectively police
these neighborhoods. She expressed that merely reacting to crime is insufficient; proactive
policing is essential. With high crime rates in the area, she underscored the urgent need for
effective solutions.
Cleveland Wilson, Concerned Citizens of the Community, stated that they know that New Street
is a high crime area, as in Capital Green and Manchester Square. He inquired about the actions
that would be taken to address the issue and how long it would continue unresolved. Mr. Wilson
emphasized that people must take action to make a difference. He noted that while additional
meetings are necessary, they must also lead to meaningful action.
James Mayhall, 228 Ann Avenue, expressed his concerns regarding an incident in which he was
beaten and tortured while handcuffed by the Dover Police Department. He reported that he filed
a complaint against the officers involved but was denied any action. Mr. Mayhall believes that
Police Chief Johnson and Mayor Christiansen should resign from their positions. He stated that
he had a video of himself being laughed at while attempting to file the complaint and questioned
why he would return to the police station where he experienced abuse to report it. Additionally,
Mr. Mayhall mentioned that he had submitted a FOIA request twice, both of which were denied.
He emphasized his belief that Mayor Christiansen, Chief Johnson, and internal affairs are corrupt
and stated his intention to prove it.
Mayor Christiansen stated that he had a lengthy conversation regarding this matter and outlined
the extent of his involvement. He also suggested alternative routes that Mr. Mayhall could
pursue.
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Responding to Mayor Christiansen, Mr. Mayhall stated that he could file a lawsuit, but he would
rather talk about it. He stated that he did go to the Attorney General’s Office and the FBI came
and got a warrant.
Dr. Sudler expressed that if that were the case, it would indicate a regression rather than
progress. He acknowledged that he does not know all the specifics regarding the perception of
the situation and offered his apologies for what occurred.
Mr. Lewis agreed with Dr. Sudler. He believes that if this situation did occur, it would be
disgraceful and appalling, and an investigation needs to be done. If not done by the Attorney
General, but a higher authority, like the U.S. Attorney’s Office. Mr. Lewis would hope that the
police would not do anything like this and hopes that Chief Johnson would be transparent with
City Council and let them know what transpired and happened.
INVOCATION
The invocation was given by Bishop Carol Boggerty.
Bishop Boggerty announced the upcoming Faith and Blue event. She explained that this
initiative aims to bring together the faith community, as well as individuals who may not identify
with a particular faith but believe in the importance of law enforcement in their communities.
This initiative is not limited to Delaware; it is a nationwide effort to partner with law
enforcement agencies, including police departments, capital police departments, correctional
officers, and all those involved in law enforcement. The Faith and Blue event will take place on
October 19, 2024, in the back lot of the Dover Police Department from 11:00 A.M. to 2:00 P.M.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Hare.
ADOPTION OF AGENDA
Mr. Anderson requested to strike Item #19, the sale and disposition of Excess Real Property –
Adjacent to 600 Forrest Street, due to no agreement with the prospective buyer from the agenda.
Mr. Rocha made a motion to strike Item #19 from the agenda, seconded by Mr. Lewis, and
carried unanimously.
Dr. Sudler requested to add the Appointment of Dr. Samuel Hoff to the agenda. He believed that
the Ethics Commission needs to be at full capacity and Dr. Hoff is well qualified for the position.
Mr. Neil moved for adoption of the agenda as amended, seconded by Mr. Boggerty.
Mr. Lewis stated that he had read the proposed changes for the Ethics Commission and there was
nothing that referred to the commissioners or the appointment of a Commissioner. He agreed
with Dr. Sudler to add the appointment of Dr. Samuel Hoff to the Ethics Commission. Mr. Lewis
expressed that his credentials and educational experience are beyond impressive in his opinion.
Responding to Dr. Sudler, Mr. Anderson noted that there have been multiple proposals,
including suggestions from three members advocating for the elimination of the Ethics
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Commission in favor of aligning with the state. Mr. Anderson expressed his desire to wait for a
decision on whether to amend the agenda, which ultimately was amended. He indicated that he
wanted to hold off on adding any appointments to the agenda until they had a clearer direction
following Tuesday's discussions.
Dr. Sudler believed that Dr. Hoff would be amenable if they eliminated or eradicated the
commission. He further believed that it would not affect them or Dr. Hoff in any adverse way.
Dr. Sudler requested that they still honor Mayor Christiansen’s request by appointing Dr. Samuel
Hoff during tonight’s meeting.
Ms. Arndt agreed with Dr. Sudler and noted that, after reviewing Dr. Hoff’s resume and
considering his potential contributions, she was comfortable with adding the appointment to the
agenda.
Mr. Boggerty believed that it would be beneficial if they agreed to support Mayor Christiansen
and his appointment.
Mr. Neil moved for adoption of the agenda as amended. The motion was seconded by Mr.
Boggerty and carried unanimously.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Dr. Sudler and carried by
a unanimous roll call vote.
PROCLAMATION – INDIGENOUS PEOPLE’S DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, The Lenni-Lenape Native Americans originally lived in a huge territory that
included what is now New Jersey, Pennsylvania, New York, and Delaware. The Lenni-Lenape,
whose name Lenni means “Original”, and Lenape meaning “People” are indigenous to the
Delaware Valley that includes the City of Dover; and
WHEREAS, before the first cobblestone was laid by European colonists, the lands on Delmarva
that would become Kent County were occupied by Native Americans, particularly the Lenni-
Lenape. The Lenni-Lenape Tribe was the first to encounter the Europeans (Dutch, English, and
Swedish) in 1524. The English settlers gave them the name Delaware Indians because they lived
along the Delaware River, and the river, in turn was named after the governor of the Jamestown
colony, Lord de la Warr; and
WHEREAS, the peace-loving Lenni-Lenape were called the “grandfathers” or “ancient ones” by
many other tribes and were considered to be among the most ancient of the Northeastern
Nations. They were known as warriors and diplomats, often keeping peace and mediating
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disputes between the neighboring Native Nations, and were admired by European colonists for
their hospitality and mediation skills; and
WHEREAS, in celebrating the traditions, cultures, and accomplishments of the Lenni-Lenape
Tribe, we also acknowledge our city’s history of colonialism that has inflicted discrimination,
deprivation, and genocide upon indigenous people.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim October 14, 2024, as Indigenous Peoples’ Day
in the City of Dover and for all citizens to join in celebrating Indigenous Peoples’ Day and
continue to promote the rich heritage and history of the First People of the First State.
PRESENTATION – BIGGS MUSEUM UPDATE FROM HASSAN NAJAR, EXECUTIVE
DIRECTOR
Mr. Hassan Najar briefed members on the Biggs Museum.
PUBLIC HEARING – ANNEXATION/REZONING REQUEST OF PROPERTY
LOCATED AT 139 ACORN LANE
Ms. Dawn Melson-Williams, Principal Planner, reviewed the Proposed Annexation/Rezoning of
Property Located at 139 Acorn Lane #2024-14.
Responding to Mr. Lewis, Ms. Melson-Williams stated that the building on the property is a
single-family house, and the owner had a tenant living there at one point. She was not sure if
there was a tenant present, but if there was, upon annexation into the City of Dover, the owner
would need to comply with the city’s rental dwelling permit program. Ms. Melson-Williams
noted that the property owner also owns other land within the city that has participated in the
rental program.
Responding to Mr. Lewis, Ms. Melson-Williams explained that annexing the property would
benefit the city by making it eligible for city utilities, including a change in the electric rate, as it
is already a City of Dover Electric customer. Additionally, if the property connects to city water
and sewer services, the owner would be required to pay impact fees along with water and sewer
rates for ongoing services. She further noted that annexation would ensure the property owner
contributes to property taxes, which helps fund city services such as police and fire departments.
Since the property is already within the Robbins Hose Dover Fire Company’s Fire District, the
fire service coverage would remain unchanged. Ms. Melson-Williams added that annexation also
clarifies additional opportunities for the property. The property is identified as an enclave area
(category one) in the comprehensive plan, meaning the owner must pursue annexation to gain
access to city water and sewer services.
Responding to Dr. Sudler, Ms. Melson-Williams explained that one of the challenges was the
applicant's attempt to join the meeting virtually. She noted that the applicant had reached out to
both her and the clerk’s office for assistance.
Dr. Sudler believed that the intended use of the land was a factor in the desire to have the
property annexed into the city.
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Responding to Dr. Sudler, Ms. Melson-Williams clarified that, to her understanding, the property
currently relies on a septic system and a well, with concerns about the viability of continuing to
use one or both.
Responding to Dr. Sudler, Ms. Melson-Williams noted that during the Planning Commission
meeting held on September 16, 2024, a public hearing was conducted regarding the annexation
and rezoning request. However, no members of the public chose to speak either in favor of or
against the proposal.
Responding to Ms. Arndt, Ms. Melson-Williams pointed out that Acorn Lane has a “sawtooth”
pattern throughout the corridor. The police chief would need to speak to emergency responses on
behalf of the police departments due to the portions of the property being outside the city. She
mentioned that Acorn Lane is a state-maintained road and already has some infrastructure in
place.
Mr. Anderson declared the Public Hearing opened at 7:56 p.m.
There being no one present wishing to speak during the public hearing, Council President
Anderson declared the Public Hearing closed at 7:56 p.m.
Mr. Neil made a motion to adopt the Annexation Resolution #2024-14, seconded by Mr.
Hare, and carried unanimously by a roll call vote.
FINAL READING PROPOSED ORDINANCE #2024-28 – AMENDING THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE
ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE.
Mr. Rocha moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting of August 12, 2024.)
The City Clerk read the following Ordinance into the record as follows:
ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE.
By motion of Mr. Neil, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote
adopted Ordinance #2024-28 as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF DOVER CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 139 ACORN LANE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
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of property described below from RS-1 (Residential Single Family Zone) to R-10 (One Family
Residence Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and
Zoning Ordinance of the City of Dover have been amended by changing the zoning
designation from RS-1 (Residential Single Family Zone) to R-10 (One Family Residence
Zone) on that property located at 139 Acorn Lane, consisting of 14,494+/- S.F. owned by
Byler Investments, LLC.
ADOPTED: October 14, 2024
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23,
2024
The Minutes of the Regular Council Meeting of September 23, 2024, were
unanimously approved by motion of Mr. Neil, seconded by Ms. Arndt, and bore the
written approval of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT OF –
SEPTEMBER 24, 2024
The Council Committee of the Whole met on September 24, 2024, at 6:01 p.m.
with Council President Anderson presiding. Members of Council present were
Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Lewis, and Mr. Rocha. Ms. Arndt, Dr.
Pillsbury, and Dr. Sudler were absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Dr. Jackson-Short,
(Safety Advisory and Transportation), Mr. Wilson (Utility), Mr. Garfinkel, and
Mr. Shevock (Legislative, Finance, and Administration). Ms. Smack (Safety
Advisory and Transportation), and Mr. Iriowen (Utility) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Mr. EShed Alston, 406 Arnold Court, proposed that the city sponsor or host
debates during this election year, which occurs every four years. He emphasized
that these debates would provide a valuable opportunity for the community to
learn more about the candidates from both the Republican and Democratic parties.
Given Delaware’s status as the first state, Mr. Alston expressed that there is a
civic obligation to educate those unfamiliar with the electoral process. He
volunteered to participate in the initiative, describing it as an important learning
experience and beneficial civic exercise for the entire community.
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman
Boggerty presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Debriefing - Post-Mortem on the Phish Music Festival (Kay Sass, Emergency
Management Coordinator, Jim Hosfelt, Dover Motor Speedway, and City of
Dover Fire Marshal’s Office)
Ms. Kay Sass, Emergency Management Coordinator, and Mr. Jim Hosfelt, Dover
Motor Speedway, debriefed the Post-Mortem of the Phish Music Festival. Mr.
Jason Osika, City of Dover Fire Marshal and Chief Johnson were present for
questions.
Committee Action was not required.
Mr. Neil emphasized the importance of the Dover/Kent County Metropolitan
Planning Organization (MPO) taking a serious look at the traffic and
infrastructure issues concerning the entrance from Leipsic Road off Route 13,
extending through Persimmon Tree Lane, and down to Route 9. He raised the
concern due to the new apartments being constructed at the corner of Leipsic
Road and Route 13. Mr. Neil emphasized the importance of maintaining the
efficiency of the current system, which is built on the expertise of its people rather
than its buildings or infrastructure. He believes this is essential to Dover's
continued success in attracting and hosting major events, which provide
significant value to the city.
Responding to Mr. Lewis, Ms. Sass acknowledged that concerns were raised
during their briefing regarding the use of certain drugs and the resulting
behaviors. She emphasized that one of the key preventative measures for
mitigating hazards was controlling and limiting the number of drugs that are
entering the community. Ms. Sass noted that the Dover Police Department had
already taken steps in this regard to address the issue effectively.
Responding to Mr. Anderson, Ms. Sass stated that the estimated attendance for
each day was roughly 32,000 people.
Mayor Christiansen wanted to thank everyone who was involved in making Phish
a success. He highlighted how the events hosted by Dover Motor Speedway have
contributed to the city’s growth, bringing in significant revenues and attracting
visitors who get to experience the beauty of Dover.
Responding to Mr. Neil, Mayor Christiansen acknowledged his concerns
regarding the implementation of a fire lien to facilitate easier exits for residents in
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his community and along Persimmon Tree Lane, allowing them to avoid the
detour through Route 13. He assured Mr. Neil that the Dover/Kent County
Metropolitan Planning Organization (MPO) would be conducting a study to
address the traffic conditions, which would include Leipsic Road and Persimmon
Tree Lane. The goal of the study is to improve the egress and access the way it
should be.
Responding to Dr. Jackson, Ms. Sass stated that she did not have the revenue
numbers. She had spoken with a few people, as far as hotels, and they did not
have a ballpark figure yet to be able to determine the revenue that was brought to
the city.
Mr. Boggerty moved for adjournment of the Safety Advisory and
Transportation Committee meeting, hearing no objection the meeting
adjourned at 6:27 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Anderson
and unanimously carried.
Evaluation of Bids – Electric System Study (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis
regarding the Electric System Study.
Staff recommended awarding the contract to Kinectrics AES.
Responding to Mr. Lewis, Mr. Waddell stated that the city had not used the
company Kinectrics AES.
Responding to Mr. Lewis, Mr. Waddell stated that they have reached out to other
municipalities. They were timely with their communication and accurate with
their deliverables. He noted that when he reached out to the municipalities, one
municipality that he reached out to was Sacramento Municipal Utility. They are
one of the largest municipalities in the country and they have put the company
Kinectrics AES on a five (5) year program.
Responding to Mr. Lewis, Mr. Waddell stated that the references that he reached
out to were provided by the company, there were no references for the State of
Delaware.
Responding to Mr. Lewis, Mr. Waddell stated that the company has been utilized
in other states, such as Maryland and Illinois, but not for the State of Delaware.
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Responding to Mr. Lewis, Mr. Waddell stated that if they were unable to provide
the models and information, they would need to come to Delaware to perform the
work. He explained that much of the work could be done remotely from their
office using modeling software. However, if in-person data collection is required,
they would make arrangements to visit the city to gather the necessary
information.
Mr. Hare moved to recommend accepting the staff recommendation. 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 Ms. Arndt and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 6:33 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Discussion – Recreational Marijuana Land Uses, Related Zoning
Regulations, and Review of the Marijuana Regulations Survey (David S.
Hugg, III, City Manager and Ann Marie Townshend, Rossi Group)
Mr. David Hugg, III, City Manager, and Ms. Ann Marie Townshend, Rossi Group
reviewed the Recreational Marijuana Land Uses, Related Zoning Regulations, and
Review of the Marijuana Regulations Survey.
Committee Action was not required.
Responding to Mr. Boggerty, Ms. Townshend believed that they were not phasing
out medical facilities. She indicated that the expectation is for all facilities to
apply for a recreational license, as the demand for recreational marijuana might
lead to a few individuals visiting strictly medical facilities. Ms. Townshend noted
that medical marijuana is not subject to the 15% tax, making it less expensive for
those with a medical card. Additionally, individuals under 21 with a medical card
would still be unable to purchase recreational marijuana, highlighting the
necessity of maintaining the medical program. She mentioned that the issue has
been referred to the office of the Marijuana Commissioner for further
consideration.
Responding to Mr. Boggerty, Ms. Townshend explained that there are multiple
ways to manage the number of marijuana retail stores. The current draft ordinance
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stipulates that recreational retail stores must be at least a mile apart from one
another. She clarified that this approach is intended to allow for a natural cap on
the number of stores. She acknowledged that a specific number of marijuana
stores could be established but expressed concern about the practicality of this
approach. For example, if there are three stores and four applicants seeking
licenses, how would the city differentiate between them? This is why she favors a
natural capping method while emphasizing that the final decision ultimately rests
with the city.
Mr. Hugg stated that the state will issue only 30 recreational marijuana retail
licenses, meaning the process will involve a lottery. This significantly limits the
likelihood of any one area having more than a couple of stores. He noted that
Kent County has essentially allowed businesses to operate anywhere, which could
lead to marijuana retail locations in various places, such as Rodney Village,
Cheswold, or along Route 8. He explained that if a business won the lottery and
was allowed to proceed, they could potentially establish one of the retail locations
within the City of Dover, but outside the city limits. Mr. Hugg also mentioned
that it would be feasible to set up a cap of one or two marijuana stores,
acknowledging that while there might be a chance of not receiving any licenses, it
is unlikely that any location would have more than one or two stores.
Responding to Mr. Rocha, Ms. Townshend clarified that when imposing distance
requirements, the measurements would be taken as the “crow flies.” She
explained that the current draft of the ordinance specifies that the distance for
marijuana facilities would be measured from the building footprint of the facility
itself. However, for schools, the buffer distance would be calculated from the
parcel boundary of the school, rather than from the building footprint.
Responding to Mr. Rocha, Ms. Townshend noted that the distance from the
school’s parcel boundary did not meet the 500-foot requirement, raising concerns
about proximity to residential areas. She pointed out that the R-20 zoning district
is adjacent to the shopping center to the south and a daycare as well. The draft
amendment includes an exemption from the distancing requirement for a
conversion license.
Responding to Mr. Rocha, Ms. Townshend explained that the ordinance already
stipulates that odors from cultivation must be non-detectable from outside the
building. She noted that odor was one of the big concerns that came from the
survey. However, she acknowledged that they cannot control the smell of
someone smoking marijuana outside on their back porch. The ordinance requires
all marijuana cultivation facilities to install the odor control technology necessary
to ensure that no odor from cannabis products can be detected outside the
building, on adjacent properties, in public rights of way, or within any other unit
located in the same building. She clarified that while the ordinance sets the
standard, it does not specify the technology required to achieve it. The language
was adapted from regulations in a neighboring jurisdiction in Maryland that has
experienced issues with odor control.
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Mr. Lewis noted that the state statute regarding odor and filtering is very stringent
and suggested that Ms. Townshend consider including those requirements in the
city ordinance. He estimated that the cost of proper ventilation could be around
$100,000.
Responding to Mr. Lewis, Ms. Townshend acknowledged his point, agreeing that
having the requirements in the city ordinance would empower code enforcement
staff to enforce them directly, rather than having to refer to state regulations. She
pointed out that referring issues to the state can sometimes delay enforcement.
Ms. Townshend emphasized that having city regulations in place can complement
state regulations, ensuring a more efficient enforcement process.
Mr. Hare commented that he would not oppose the issuance of a retail license if it
were obtained, but he emphasized the urgency of making a decision due to the
costs associated with applying for a retail license, which he noted is non-
refundable. He expressed his belief that it is unfair to require individuals to apply
without a clear decision in place. Furthermore, Mr. Hare stated that he does not
support having a retail marijuana business in the Downtown Dover Business
District.
Responding to Mr. Anderson, Ms. Townshend explained that Amendment #2 was
specifically written to accommodate existing organizations. She clarified that a
date of January 1st was included in the draft ordinance to ensure that any
businesses trying to be grandfathered in would have a clear cut-off date. She
noted that Best Buds is the only facility that has been operational prior to January
1st.
Responding to Mr. Anderson, Mr. Osika stated that he was not aware of any
complaints from Best Buds. He is unsure on the code enforcement side, but he has
not heard anything.
Responding to Mr. Anderson, Mr. Hugg stated that his office has not heard of any
regarding Best Buds.
Responding to Mr. Anderson, Ms. Townshend stated that the state office of the
Marijuana Commissioner has not had any issues with Best Buds. She noted that
keeping the license is strictly regulated.
Mr. Anderson made a motion to adopt the draft Amendment #2 into the draft
ordinance.
Responding to Mr. Anderson, Mr. Rocha stated that they did not need to take
action tonight considering that Dr. Sudler, Ms. Arndt, and Dr. Pillsbury were not
present. He does not feel comfortable with taking action.
Responding to Mr. Rocha, Mr. Anderson stated that he would like to move
forward to include the draft Amendment #2 to provide certainty for the business.
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He clarified that he would not be moving forward to release the ordinance at this
time.
Mr. Anderson made a motion to incorporate the language of draft
Amendment #2 into the draft ordinance. The motion was seconded by Mr.
Lewis and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Responding to Mr. Garfinkel, Ms. Townshend explained that Best Buds and other
marijuana businesses do not enter the Federal Reserve System to conduct their
operations. She highlighted two key points: the business operates largely in cash,
and the state has passed a statute allowing local banks, which are not under
federal oversight, to provide banking services to these businesses.
Responding to Mr. Hugg, Mr. Garfinkel stated that changing marijuana’s
classification from Level 1 to Level 3 would require an act of Congress, which
would enable its use within the Federal Banking System. Mr. Hugg noted that, to
his understanding, there is legislation pending aimed at decriminalizing
marijuana, which is why the industry currently operates as an all-cash business
with no ability to process credit card transactions.
Responding to Mr. Garfinkel, Ms. Townshend explained that the stringent
security regulations are partly due to state requirements, which impose strict rules
on tracking every piece of product. She
emphasized that the security measures also minimize risk, noting that Best Buds
has cameras installed both inside and outside the facility. No one can be in any
part of the facility without being monitored by the cameras.
Mr. Garfinkel is concerned more with money laundering than about robberies.
Mr. Erik Czerwinski, 34 Maple Lane, is concerned about the unintended
consequences of marijuana legalization and its sale, particularly highlighting
issues along Route 13. He links the increased crime, drug usage, and
homelessness in the area to the presence of marijuana shops. He stated that
discussions had taken place regarding tax revenue and the advantages of
maintaining the current approach, as all the revenue being generated was directed
toward law enforcement and drug prevention efforts. Additionally, Mr.
Czerwinski brought up the impact of marijuana on the black market, which he
claims has grown due to the high cost and taxes on legal marijuana. He raises
concerns that black market marijuana is cheaper and potentially more dangerous,
as it may be laced with fentanyl. He also highlights the effect on local retail
stores, particularly big box stores that are reluctant to operate near marijuana
stores. Mr. Czerwinski encouraged a ban on marijuana in the city, pointing out
that other towns in Delaware have already done so. He also criticized the
reduction in distance requirements between marijuana dispensaries and schools or
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residential areas, arguing that this would imply the city is not an appropriate
location for marijuana sales.
Ms. Cindy Christiansen, 714 Carol Street, would like to know the negatives since
they are always hearing about the positives of marijuana. Ms. Christiansen
expressed frustration that the presentation from the Rossi Group failed to
highlight any negatives, especially when tax money was spent on such a study. It
seemed to focus solely on the positives of marijuana sales. She emphasized her
frustration with allowing corporations to openly sell marijuana near sensitive
locations, such as daycares and schools, like Town Pointe Elementary, regardless
of whether the legal distance is 500 or 1,000 feet. She feels that even these
distances are too close. As a resident of Dover, Ms. Christiansen was concerned
about the image the city presents particularly as it aims to attract tourists and
businesses. She highlighted that other nearby towns, such as Dewey Beach,
Rehoboth, Millsboro, and Fenwick have rejected marijuana sales because the
community does not want it. Ms. Christiansen noted that the absence of any
negative findings in the Rossi Group’s presentation is troubling, especially given
the time and resources dedicated to its development.
Mr. Aaron Epstein, 516 Jeff Avenue, Chief Operating Officer of CannTech
Research, operating as Best Buds, expressed concerns regarding the future of the
business in Dover. Best Buds has been a provider of medical cannabis for
residents and patients, serving about 2,500 individuals over the past two years.
Mr. Epstein highlighted the potential threat to the business if they are not
grandfathered in under new regulations, which would allow them to continue
operating. Without this allowance, they could face closure, as their current
operations are not sustainable as a medical-only facility, incurring significant
financial loss. Best Buds prides itself on being one of the only two unionized
cannabis shops in the state, offering staff members benefits, livable wages, and
paid time off. Additionally, they have had no incidents of diversion or violence at
their facility, a fact confirmed by the local police, who reported no notable issues
at the site. Their comprehensive security measures, based largely on their hiring
practices, contribute to this success. Mr. Epstein argued that the ban on cannabis
would penalize those who lack transportation and rely on local access to cannabis
products. He emphasized that the legalization of cannabis in Delaware was, in
part, to address racial disparities and that prohibition disproportionately affects
disadvantaged communities. He clarified that 50% of their sales are conducted by
debit, with the other half in cash, as credit card companies are prohibited from
processing cannabis transactions. He explained that they are in regulatory limbo,
having applied for a conversion license that hinges on the city’s zoning approval.
Without this approval, they are unable to move forward. Mr. Epstein urged the
city council not to ban cannabis sales, as doing so would undermine the very
communities the law was intended to help.
Ms. Jean Dowding, 73 Greentree Lane, expressed concerns about the potential
presence of marijuana businesses in Downtown Dover, particularly near small
businesses. Representing these businesses, Ms. Dowding emphasized the
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importance of buffer zones and urged the council to reconsider allowing
recreational marijuana sales in the downtown area. The survey indicated that a
majority of people supported the establishment of buffer zones to keep marijuana
businesses away from certain areas. Ms. Dowding pointed out that recreational
marijuana is still new to the community, and there may be challenges ahead. One
of her concerns is the difficulty small business owners may face in determining
whether their employees are under the influence after lunch breaks. She urged the
council to avoid placing marijuana businesses near sensitive areas like daycare
centers and schools, as highlighted by the survey results.
Sale and Disposition of Excess Real Property – 423 Collins Drive (David S.
Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the sale and disposition of 423 Collins Drive.
Staff recommended approving the sale/donation to Central Delaware Habitat for
Humanity.
Responding to Mr. Rocha, Mr. Hugg stated that there was a decision from
council, but his recommendation was to recover from Habitat for Humanity the
$19,000 that they originally paid for and let them claim the rest of it as a donation.
Responding to Mr. Neil, Mr. Hugg stated that there would be no more mowing
and he would be saving money. The sale of the property would be $19,000 and it
would return to the tax rolls. It would be a taxable property.
Mr. Neil moved to recommend accepting the staff recommendation. The motion
was seconded by Mr. Hare.
Responding to Mr. Lewis, Mr. Hugg stated there are no liens and the property is
appraised at $39,200.
Responding to Mr. Lewis, Mr. Hugg stated that there is $19,000 in the property
and has been maintaining the property since it was bought in 2014. One estimate
that he received was that it would cost them $1,700 for mowing and maintenance
of the property.
Responding to Mr. Lewis, Mr. Hugg stated he was not aware of any parcels that
were donated to Habitat for Humanity within the past year. He noted that they
have made donations to Habitat for Humanity, but he was not sure specifically
when or where.
Responding to Mr. Garfinkel, Mr. Hugg stated that Habitat for Humanity made an
offer for $24,000 and he recommended that they recoup the original capital
investment that was made. Habitat for Humanity did not ask for a discount. It
was council’s decision to decide to accept the $19,000 offer. Mr. Garfinkel
believed that the taxpayers would want them to accept the higher offer. He does
not understand why they are doing counteroffers when there is no counteroffer.
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Mr. Garfinkel is unsure of what the process would be, but he would like to see the
amendment changed so it would be $24,000.
Mr. Neil explained that the transformation of the city is largely due to the efforts
of Habitat for Humanity. Habitat for Humanity has been significant, particularly
in fostering equity and arranging loans to help people become homeowners. He
emphasized that the small financial investment required is far less important than
having someone who genuinely cares about the property, rather than being sold to
someone who would simply rent it out. He believes one of the city’s challenges is
the lack of property owners who live within the city and have a personal stake in
the well-being of their homes and neighborhoods. The financial amount involved
in the process is minimal compared to the benefits of having a dedicated
homeowner, who will care for the property and community, rather than seeing it
as a business opportunity for renting. Mr. Neil shared that he regularly attends
meetings and welcomes new families moving into the Fourth District, and
occasionally in other areas. He supports the lower amount for the property,
arguing that it is a small difference compared to the value of having individuals
who will care for the safety and upkeep of their homes and communities.
Mr. Hare stated that he agreed with Mr. Neil. If it was a contractor trying to buy
the property to build, maybe then they should hold out and get more money. He
explained that Habitat for Humanity is a good organization that does good for
people in need and helps people who can get affordable housing.
Mr. Garfinkle stated that he does not understand why they are always bidding
against themselves and giving things away when they do not have to.
Mr. Garfinkel moved to amend the motion to sell the property for $24,000.
The motion was seconded by Mr. Anderson and carried by a roll call vote of
seven (7) yes (Boggerty, Rocha, Lewis, Anderson, Shevock, Garfinkel), two
(2) no (Hare and Neil), and three (3) absent (Pillsbury, Arndt, Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Sale and Disposition of Excess Real Property – Adjacent to 600 Forest Street
– Parcel ID: ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the sale and disposition of 600 Forest Street.
Staff recommended approving the sale of surplus to the adjacent property owner.
Mr. Hare moved to recommend accepting the staff recommendation for the
sale of 600 Forest Street for the amount of $54,600. The motion was seconded
by Mr. Lewis and unanimously carried.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 18
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Discussion – Update on the State Pension (David S. Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the update on the State Pension.
Committee Action was not required.
Responding to Mr. Shevock, Mr. Hugg stated that they honestly do not know the
exact number of people wanting to participate. There are about 200 employees
outside of the Police Department, including those already in the city’s existing
pension plan and others in the 401(k) and 457 plans. He estimated there are
around 100 or so who might potentially be interested in joining the state plan. One
factor that complicates this is its longstanding proposal that the city does not buy
back employees' previous service time. However, there are options available
where new participants could choose to buy in some of their time themselves.
They need to ensure that employees fully understand these options before making
any decisions, so gathering more information and clarifying these choices is
essential.
Mr. Hugg stated that if an employee is in the existing city pension plan, they are
not eligible to join the state pension plan. However, if they are in one of the Roth-
based plans, such as the 401(a) or 457 plans, they may or may not be eligible. For
employees in the Police or Fire Department, they are already covered by the
state's public safety pension plan. So, when the city breaks it down, that leaves
them with around 109 eligible employees, as 77 are not eligible. Most of those
who are not in the police plan are in the Mission Square 457 plan, and there are
also significant numbers in the 401(a) plan. Employees in these plans could
continue with them if they joined the state pension plan, but the city would no
longer provide the matching contribution. That is why it is crucial they clearly
explain all of this and gauge employees' interest before moving forward.
Responding to Mr. Hugg, Mr. Hare stated that it has been a long time, and his
position is that they need to take action. Assign someone to this and have an
answer within 30 days. If employees want to join the plan, they should either
allow them to do so this week or send out a notice to all employees stating that if
they do not hear from them within two weeks, they will not be enrolled. They
need to do something because it is not fair to those who want to join the plan but
are not being given the opportunity
Responding to Mr. Hare, Mr. Hugg stated that he agrees with the idea, but he does
think that they need more public education on what the plan entails.
Responding to Mr. Hugg, Mr. Hare stated that they have had a year to get public
education.
Responding to Mr. Hare, Mr. Hugg stated that they have not received it yet.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 19
Responding to Mr. Hugg, Mr. Hare stated that they should take action and have
an updated report within 30 days so they can move forward. It is simply not fair to
the employees to keep delaying this. Mr. Hare noted that if Mr. Hugg does not
want to do it, then they should find someone who will.
Responding to Mr. Hugg, Mr. Anderson stated that he believes that they need to
start moving things forward while continuing the education process. They cannot
afford to put everything on hold, as they have a deadline of January 1st, and the
resolution needs to be completed before then. They need to ensure that they lay
the groundwork that Ms. Poole has outlined. He explained that they had asked all
three unions if their employees were interested in the plan, and all had confirmed
their interest. Two of them even stated it was a top priority. So, assuming the
unions represent their members accurately, he believes that they have enough
support to move forward. He agrees with Mr. Hare that they should have a clear
picture within 30 days. They must provide proper education since people have
legitimate questions. The key factor in whether employees join or not will likely
depend on whether they can buy in their previous service time. For example,
someone who has worked for 20 years and can buy in time to retire in five years
will want to know if that option is available. This has been a major concern
among employees, and it is something that they need to address.
Furthermore, once this plan is in place, they will be able to advertise the pension
in their recruitment efforts without adding future liability to the city. They will
continue making the same contributions they already are to the 401(k) and 457
plans, and it could potentially be lower depending on employee choices. If, in 30
days, it turns out that employees change their minds once they see the details, let
Council know. Council is not trying to force anyone into anything. However, once
the plan is set, please ensure all legal aspects are airtight. They need to make sure
that everyone has access to the right information and that no one can come back
years from now, claiming they did not know or made the wrong decision. Send
the information to employees’ emails, post it on the website, and ensure full
transparency.
Responding to Mr. Neil, Mr. Hugg stated that contacting union representatives
and asking them to circulate this information would be his first step because they
have much better contacts.
Responding to Mr. Hugg, Mr. Neil suggested reaching out to those who are not
represented by the unions also, so that they cover their basis.
Responding to Mr. Hugg, Mayor Christiansen also recommends having someone
from the city side, perhaps Human Resources, who can explain the benefits
clearly, alongside the union leadership. While the unions understand the benefits,
it is important to have someone who can provide a balanced view, explaining the
pros, cons, and potential challenges of choosing certain pension plans. He
believes that is crucial.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 20
Responding to Mayor Christiansen, Mr. Hugg stated that it is Human Resources'
responsibility to ensure that they reach every employee and, as he mentioned,
explain the benefits. A crucial part of the state pension plan involves the
provisions related to eligibility, retirement age, and particularly the buy-in
options. These are important criteria that need to be clearly communicated.
Responding to Mr. Hugg, Mr. Hare emphasized that while he agrees Human
Resources should be involved, he believes it is ultimately Mr. Hugg's
responsibility to ensure it gets done. If Human Resources is unable to manage
this, then it is Mr. Hugg's duty to find someone who can.
Jason Osika, 160 Fawn Path Drive, City of Dover Fire Marshal, stated that first,
he wanted to thank Council for considering this matter. He knows that they have
been supportive, and Council President Anderson, has been particularly proactive
regarding this pension issue. Mr. Osika understands how they feel; he is there
representing his employees and others as well. This was supposed to be
implemented back in January of this year, and here they are, approaching
October. There is growing frustration among employees about the delays in
getting this done. Mr. Osika stated that he had already noted that recruitment and
retention are crucial. This issue is not just about the 199 eligible employees; it is
about addressing the vacancies that the city currently has. A better pension plan is
an important benefit to offer to potential applicants.
Mr. Osika explained that the Fire Department was able to navigate this with a
volunteer Fire Chief and has already integrated a new employee into this plan. He
has just returned from the Delaware Volunteer Firefighter’s Association’s
conference, where the State Pension Office made a complete presentation with
three representatives explaining the Firefighter and Police pension options, as
well as the 30-year pension with buy-in options. Mr. Osika acknowledges that
there is still a lot of work to be done, but the process has dragged on, which is
frustrating. One recommendation he has is that they could create an Excel
document in about three days. If supervisors list their employees and indicate
which plan they are in and whether they are interested, they could gather the
necessary information quickly. The city needs to consider all new hires coming in
as well.
Responding to Mr. Rocha, Mr. Osika stated that he has a copy of the presentation
from the conference and that he can provide it to the City Clerk’s Office, and they
can send it out to everyone. Additionally, he will get them the contact information
for the representative that Chief Carey used. It was a bit easier for him since he
handled it for the Newark Fire Department, and he was able to work directly with
that representative when the City of Dover hired the new employee in the fire
department. This situation is a bit more complex, as existing employees will also
want to participate, not just new hires. However, he can get that information to
council.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 21
Ms. Kay Sass, Public Affairs Emergency Management representative and
AFSCME president, wanted to clarify that the unions that she has spoken with are
more than willing to assist. However, she does have a concern about distributing
the PowerPoint that Jason has provided, which she also possesses. It includes
information relevant to both the fire and police sides, and she believed this could
be confusing for city staff. Ms. Sass recommends that they contact the State to
obtain an updated version that removes any information not relevant to our city
employees. This way, they can prevent any potential confusion, and she believes
the necessary changes can be made quite easily.
Phillip Williams, Customer Service expressed concerns on behalf of his team
regarding the establishment of a state pension, which he believes would be highly
beneficial. Having been with the city for nine years, he noted that a pension would
serve as a significant incentive for him personally. He shared that the team is
currently very frustrated and feels overworked due to being short-staffed, leading
to a revolving door of employees.
Mr. Williams believes that introducing a pension could help attract more
candidates to their team. Over the past couple of years, they have experienced an
unprecedented number of vacancies within the city. He emphasized the
importance of considering the implementation of a state pension to retain current
employees and bring in new talent, thereby alleviating the burden on those who
are already in the workforce.
Mr. Hare moved to have staff provide an updated report at the Council
Committee of the Whole Meeting on October 29, 2024, during the Legislative
Finance and Administration Committee session. This report should include
information on the employees who have been contacted regarding their
interest in joining the pension plan, detailing the number of employees who
wish to participate and those who do not. The motion was seconded by Mr.
Lewis and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Sole Vendor Purchase Approval for the VirTra Training System
Chief Thomas Johnson, Chief of Police, reviewed the background and analysis
regarding the sole vendor purchase approval for the VirTra Training System.
Staff recommended approving the sole source vendor purchase for the VirTra
Training System.
Responding to Mr. Lewis, Chief Johnson explained that the majority of the
funding for the VirTra Training System was provided by the State’s Grant in Aid
Legislation. The remaining funds would come from the Special Law Enforcement
Assistance Fund, and he was able to secure a grant over the summer to help cover
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 22
costs. Chief Johnson emphasized that all the funding was fully covered by
external sources, with no financial burden on the city.
Mr. Hare moved to recommend accepting the staff recommendation. 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 Ms. Arndt and carried by a unanimous roll call vote.
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 8:27 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the
Whole meeting, hearing no objection the meeting adjourned at 8:27 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Ms. Arndt and carried by a unanimous roll call vote.
MONTHLY REPORTS – AUGUST 2024
By motion of Mr. Neil, seconded by Mr. Arndt, the following monthly reports were
accepted by consent agenda:
City Council’s Community Enhancement Fund Report
City Manager’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
Dover Public Library Advisory Commission
Shemaine E. Johnson-Moore - Five -Year Term to Expire June 2029
By motion of Mr. Neil, seconded by Mr. Arndt, the Dover Public Library Advisory
Commission appointment was accepted by consent agenda.
SALE AND DISPOSITION OF EXCESS REAL PROPERTY – 423 COLLINS DRIVE
(DAVID S. HUGG III, CITY MANAGER)
Mr. Boggerty stated that during a discussion at a recent Town Hall Meeting they would sell some
of the properties and use the proceeds to establish a community fund. The fund could be
reinvested back into the community in various ways. One suggestion was to allocate the funds to
incentivize nonprofit organizations or day workers by offering them a small stipend to assist with
cleaning up the area. The initiative could be piloted in partnership with community policing,
using a model similar to “adopt a block” or “adopt a street.” There could be an ongoing program
where individuals volunteer, contingent on the availability of their funding.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 23
Mr. Boggerty moved to amend the recommended motion by adding all proceeds would be
earmarked for a community development fund. The motion was seconded by Mr. Hare.
Responding to Mr. Lewis, Mr. Boggerty clarified that he was referring to using the proceeds
from the sale of the property at 423 Collins Drive to establish a community development fund.
He suggested that moving forward, whenever properties from the community are sold, the
community should benefit from those sales. It could include reinvesting proceeds into the local
area through initiatives such as leases or partnerships, ensuring that the community sees tangible
returns.
Mr. Anderson explained that the fund and its parameters would be developed by Council in
Committee. It was just an earmark at the time, but the idea was to have the opportunity to
develop it with everyone’s input.
Responding to Mr. Lewis, Mr. Hugg stated that any revenues from properties that are sold go
into the general fund. It is simply part of the appropriation that is done each year in the budget.
Responding to Mr. Lewis, Ms. Marney stated that the revenues that they receive go into the
general fund and help with any short flows in the budgetary process.
Responding to Mr. Lewis, Mr. Hugg stated that it should not hurt them if they take the money
and decimate it somewhere else when budget time comes.
Responding to Mr. Anderson, Mr. Hugg explained that any unexpected revenue from property
sales would typically be classified as miscellaneous revenues and be deposited into the general
fund. During the budget process, these funds would contribute to the overall fund balances
allocated to various budget items. He noted that it is not unusual for municipalities to have
dedicated funds, such as a park reserve fund, which is specifically used for park-related purposes
that arise from land developments where there is not adequate space for public parks. There are
other options in which the funds from property sales, based on selected criteria, could be set
aside for future use.
Dr. Sudler expressed his support for the conceptual model, emphasizing the opportunity to
engage small business contractors in cleanup efforts within the City of Dover. He noted that
while these contractors would like to be compensated, the amount does not need to be
substantial; rather, it should enable them to secure bids. This approach would allow minority and
small business contractors, who often lack Type C insurance, to compete for larger projects by
providing them with opportunities to bid on smaller, local initiatives. Dr. Sudler highlighted that
this strategy would not only aid in cleaning up the city but also support small businesses,
creating a win-win situation for both the community and the contractors. He suggested that
allocated funds could be utilized to facilitate this process, allowing small businesses to
participate meaningfully in city projects and ensuring they receive a fair opportunity for
contracts typically awarded to larger companies.
Mr. Boggerty expressed his concerns that the funds are not always guaranteed. He pointed out
that there was enthusiasm from local individuals in Dover about the opportunity to participate,
but the lack of guaranteed funding could pose an issue.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 24
Mr. Neil suggested that the Council establish specific parameters for the allocation and
expenditure of funds. For example, they could agree to spend only a portion of the fund if a
minimum threshold is met, such as providing $25,000 only if they receive at least $50,000. He
emphasized the importance of determining who would receive funds and in what amounts. The
key is to secure approval and then hold a Council Committee of the Whole meeting to discuss
how to manage the available resources.
Responding to Mr. Lewis, Mr. Boggerty stated that yes, they are just using that property as an
example because that is their primary focus now, but all areas, such as the Lincoln Park and
Stoney Creek Development, there are other areas that it would assist with, it would not be just
native to downtown but spread throughout the city to help beautify the city.
Responding to Dr. Sudler, Ms. Duca stated that they are collaborating with the police department
in the areas of Lincoln Park and Stoney Creek. She mentioned that the police have some ideas in
mind to address the concerns and aim to implement them sooner rather than later, assuring that it
is on their radar.
Dr. Sudler suggested that, since there is already a pole set up near Bertrand Drive, a black
camera similar to those on College Road and in other locations should be installed. He noted that
this would be a good opportunity to help deter illegal dumping in the area.
Responding to Mr. Lewis, Ms. Duca explained that there have been instances in the past where
streetlights were shot at, as evidenced by the glass found on the fixtures. This raises concerns
about potential damage to cameras, particularly the surveillance cameras identified for use in the
area. She noted specific concerns from DNREC and similar agencies regarding the loaning of
their cameras due to the risk of damage. Ms. Duca indicated that they are collaborating with the
police department on an enforcement grant. This grant would facilitate the acquisition of cameras
similar to those already deployed in the field, providing a more permanent solution for the area.
She mentioned that there are several cameras located throughout the city.
Police Chief Johnson stated that they have been examining the problem for some time. He
mentioned that when a new grant opportunity was announced in the email thread, they realized
they had some flexibility with an existing grant they already possessed. In addition to the Burn
grant and the JAG grant, they are working to find space in their current grant award to add
camera capabilities in the areas being discussed, as well as other locations.
Chief Johnson noted that there are longer-term plans that would involve better infrastructure to
provide wider visibility. Unfortunately, it is a waiting game for the contractor with the expertise
needed to integrate into the fiber system. This process is more complex than simply splicing and
attaching components. He emphasized that they are making slow and steady progress and may
have an upcoming meeting to explore tapping into an existing program.
Mr. Rocha suggested connecting with the Dover Housing Authority to explore potential
synergies, particularly in light of the mention of Lincoln Park. He proposed that, in cases of
evictions or residents moving out, increased monitoring should be implemented as they exit the
premises. Additionally, Mr. Rocha recommended providing a dumpster during these transitions
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to facilitate the disposal of unwanted items. He emphasized the importance of discussing
available resources with the Housing Authority to ensure a coordinated approach.
Mr. Anderson stated that the Dover Housing Authority has been very cooperative with them
regarding cleanup. He noted that much of the debris appears to be dumped from out of town. He
added that implementing the proposed measures could help eliminate one potential source of the
issue.
Dr. Sudler expressed concerns regarding safety issues stemming from individuals placing beds
and flammable items in the area. He emphasized that even something as simple as lighting a
match or smoking a cigarette nearby could ignite a fire. Dr. Sudler clarified that his focus was
not only on environmental pollution but also on the significant fire hazard this situation presents.
Responding to Dr. Sudler, Chief Carey reported that early in the morning, there was a suspicious
fire on the highway that the fire marshal’s office is currently investigating. He indicated that the
fire likely originated from the trash that had accumulated along the fence. Chief Carey
emphasized that this poses a potential hazard throughout the city, particularly in areas prone to
illegal dumping.
Dr. Sudler emphasized the importance of prioritizing the installation of cameras in areas where
illegal dumping occurs. He advocated for placing one of the black cameras in these locations to
provide relief to the community. Dr. Sudler noted that if a camera can be installed on College
Road, then similar measures should be taken in areas experiencing dumping. He highlighted that
residents want to take pride in their community and that, as representatives, they must ensure that
community resources are utilized effectively, enabling residents to live in a clean and safe
environment.
Mr. Hare made a motion to approve the sale as amended, seconded by Mr. Rocha.
Responding to Mr. Lewis, Mr. Anderson clarified that the property was being sold for $24,000
from the vote at the Committee of the Whole Meeting on September 24, 2024.
Mr. Hare made a motion to approve the sale as amended. Mr. Rocha seconded the motion
and carried by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
ETHICS COMMISSION
Dr. Samuel B. Hoff – to fill the unexpired term of Jonathan Sadlowski – term to expire
July 31, 2026.
Dr. Sudler made a motion to adopt the appointment of Dr. Samuel Hoff to the Ethics
Commission, seconded by Mr. Hare, and carried by a unanimous roll call vote.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg wanted to recognize Tim Bailey from the Central Delaware Habitat for Humanity. He
acknowledged that they have been working closely with Habitat for Humanity for several years,
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trying to identify properties that fit within their mission. Mr. Hugg commended the remarkable
work Habitat for Humanity has accomplished in the city and expressed his appreciation for their
efforts.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen had no announcements.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Boggerty recognized Mr. Wolfgang and his staff at the City of Dover Warehouse. They were
down to 30,000 test kits left and they gave 10,000 test kits to the YWCA for their work
throughout the state last week.
Mr. Anderson announced that the council meeting scheduled for November 11, 2024, would be
canceled in observance of Veteran’s Day. He also noted that the Committee of the Whole
meeting would take place the following day, November 12, 2024, if there were items on the
agenda.
The meeting adjourned at 8:25 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of October 14, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB