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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, September 13, 2021 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public
participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/ogg4yn
Event number: 2340 840 7270
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 Louden
PLEDGE OF ALLEGIANCE - Councilman Anderson
ADOPTION OF AGENDA
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.
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REGULAR CITY COUNCIL MEETING - September 13, 2021 PAGE 2
PRESENTATIONS
1. Certificate of Recognition and Congratulations - Ryan Grover - Biggs Museum of
American Art
2. Certificates of Appreciation - Innovation Readiness Training (IRT) Volunteers
PROCLAMATIONS
3. Constitution Week
4. Hispanic Heritage Month
5. Recovery Month
RESOLUTIONS
6. Proposed Resolution No. 2021-23 - Application to the U.S. Economic Development
Administration (EDA) Pursuant to the Build Back Better Regional Challenge
CONSENT AGENDA
ADOPTION OF MINUTES
7. Regular Council Meeting of August 9, 2021
COMMITTEE REPORTS
8. Council Committee of the Whole Report - August 10, 2021
Utility Committee
9. Update to the City of Dover Water Master Plan (Jason Lyon, Water and Wastewater
Director)
(Committee Recommendation: Acceptance of the Water Master Plan and to utilize as
a guide for the future of the water utility)
Legislative, Finance, and Administration Committee
10. Review of Pension Equity Concerns between Deceased and Disabled Employees (Kim
Hawkins, Human Resources Director)
(Committee recommendation: Consideration of Councilman David Anderson's
recommendation)
(This item will be considered during the latter part of the meeting - see item #26)
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REGULAR CITY COUNCIL MEETING - September 13, 2021 PAGE 3
11. Elimination of the City Assessor's Position (Patricia Marney, Customer Service
Director)
(Committee recommendation: Do not eliminate the Assessor's position, but amend City
Ordinance Chapter 102 - Taxation, and leave the Charter in tact as is currently written,
pending the outcome of the City Solicitor Report)
(This item will be considered during the latter part of the meeting - see item #27)
12. City of Dover Impact and Permit Fees – Capital School District (Matt Harline, Interim
City Manager)
(Committee recommendation: Refer the item back to staff and allow a recommendation
of negotiation based upon the maximum allowable fee by law to be brought back before
the Committee on September 28, 2021)
13. Fiscal Year 2022 Fund to Combat Violent Crime Grant (Thomas Johnson, Police
Chief)
(Committee Recommendation: Approval of the grant and intended purchases)
14. Fiscal Year 2021 Edward Byrne Justice Assistance Grant Program - Joint Grant with
Kent County (Thomas Johnson, Police Chief)
(Committee recommendation: Approval of the grant project as requested)
15. Fiscal Year 2021 Body-Worn Camera Policy and Implementation Program to
Support Law Enforcement Agencies Grant Program (Thomas Johnson, Police Chief)
(Committee Recommendation: Approval of the grant project as requested)
Special Safety Advisory and Transportation Committee
16. Proposed Resolution No. 2021-21 – Establishing that the Safety Advisory and
Transportation Committee Shall Serve as the Bicycle Pedestrian Committee for the
City of Dover (Councilman Ralph Taylor, Jr.)
(Committee recommendation: Adoption of Proposed Resolution No. 2021-21)
MONTHLY REPORTS - JULY 2021
17. City Assessor's Report
18. City Council’s Community Enhancement Fund Report
19. City Manager’s Report
20. City Planner's Report
21. Controller/Treasurer's Budget Report (June and July)
22. Fire Chief's Report
23. Police Chief's Report D Page 3
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REGULAR CITY COUNCIL MEETING - September 13, 2021 PAGE 4
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN
24. Planning Commission - Christopher Cooper - Three - Year Term to Expire June 2024 (to
fill the unexpired term of Nicholas Adams)
ITEMS NOT ON THE CONSENT AGENDA
25. Joint Subcommittee of the Legislative, Finance, and Administration Committee and the
Parks, Recreation, and Community Enhancement Committee to Evaluate American
Rescue Plan (ARP) Funding Requests from Nonprofits
ORDINANCES
FIRST READING - The First Reading is offered on the Proposed Ordinances. Final action by
Council will take place during the Second Reading on September 27, 2021. The ordinances are 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 736-7008 or cityclerk@dover.de.us.
26. Ordinance #2021-17 Amending Chapter 80 - Personnel, Article IV - Pension Plans and
Retirement Benefits, Division 3 - General Employee Pension Plan
(The Council Committee of the Whole Report of August 10, 2021 is listed on the agenda as
item #8)
27. Ordinance #2021-18 - Amending Chapter 102 - Taxation
(The Council Committee of the Whole Report of August 10, 2021 is listed on the agenda as
item #8)
INTERIM CITY MANAGER’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 #3.
PROCLAMATION
WHEREAS, the Constitution of the United States of America, the guardian of our
liberties, embodies the principles of limited government in a republic dedicated to rule by
law. September 17th, 2021, marks the two hundred thirty-fourth anniversary of the
framing of the Constitution of the United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to recognize this magnificent document and the
anniversary of its creation. It is appropriate to officially commemorate this occasion with
patriotic celebrations, particularly in Delaware, the first state to ratify the Constitution;
and
WHEREAS, Public Law 915 guarantees the issuance of a proclamation each year by the
President of the United States of America which designates September 17th through the
23rd as Constitution Week.
NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim September 17th through the 23 rd, 2021 as
CONSTITUTION WEEK
in the City of Dover and urge all residents to reaffirm the ideals held by the Framers of
the Constitution in 1787 by vigilantly protecting the freedoms guaranteed to us in this
invaluable document.
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D Item #4.
PROCLAMATION
WHEREAS, throughout our history, our Nation has been enriched by the storied pasts 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
offaith, 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 and 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 of 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 2021 National Hispanic Heritage Month theme, "Esperanza: A Celebration
of Hispanic Heritage and Hope," 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, DELA WARE, do hereby proclaim September 15 through October 15, 2021, as
Hispanic Heritage Month
in the City of Dover and urge all citizens to observe this month with appropriate ceremonies,
activities, and programs.
4£~{jr~ MAYOR
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D Item #5.
PROCLAMATION
WHEREAS, mental and substance use disorders affect all communities nationwide, but with commitment
and support, people with these disorders can achieve healthy lifestyles and lead rewarding lives in recovery.
By seeking help, people who experience mental and substance use disorders can embark on a new path
toward improved health and overall wellness; and
WHEREAS, the impact of mental and substance use disorders is apparent in our local community. In 2019,
447 Delawareans died from drug overdoses, fentanyl accounted for 327 of the deaths. Department of Health
and Social Services is concerned about the COVID-19 impact on Delawareans already struggling with
substance use disorder. Through May 31, 2020, 160 Delawareans died from suspected overdoses, a 60%
increase compared to the previous year; and
WHEREAS, through Recovery Month, people become more aware and able to recognize the signs of mental
and substance use disorders, which can lead more people into needed treatment. Managing the effects of
these conditions can help people achieve healthy lifestyles, both physically and emotionally; and
WHEREAS, the Recovery Month observance continues to improve the lives of those affected by mental and
substance use disorders by raising awareness of these diseases and educating communities about the
prevention, treatment, and recovery resources that are available. Local resources include the City of Dover
Police Department's ANGEL Program, and the State of Delaware's Help is Here program, The Vines
Community Project and, nationally, The Herren Project is an available resource.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim September 2021 as RECOVERY MONTH in the City of Dover and
call upon our community to observe this month with compelling programs and events that support this year's
Recovery Month theme "Join the Voices for Recovery: Celebrating Connections," and take a stand against
substance abuse by participating in Delaware Goes Purple.
ROBINR. CH
MAYOR
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D Item #6.
City of Dover
MAYOR AND COUNCIL
1 PROPOSED COUNCIL RESOLUTION NO. 2021-23
2 A RESOLUTION AUTHORIZING AN APPLICATION TO THE U.S. ECONOMIC
3 DEVELOPMENT ADMINISTRATION (EDA) PURSUANT TO THE BUILD BACK BETTER
4 REGIONAL CHALLENGE
5 WHEREAS, the U.S. Economic Development Administration, through the American Rescue Plan, has
6 made available competitive funding to help regions achieve economic recovery through the Build Back
7 Better Regional Challenge by supporting “economic development focused on advancing equity, creating
8 good-paying jobs, helping workers to develop in-demand skills, building economic resilience, and
9 accelerating the economic recovery”; and
10 WHEREAS, the Build Back Better Regional Challenge funding can be used for creating goals, developing
11 regional partnerships and planning for the future, and for infrastructure that will enable communities to
12 thrive; and
13 WHEREAS, through their respective Comprehensive Planning processes, the City of Dover and Kent
14 County have adopted Comprehensive Plans (2020 and 2018 respectively), both being certified by Governor
15 John Carney; and
16 WHEREAS, in cooperation and coordination, both plans designate an area southeast of Dover adjacent to
17 Dover Air Force Base, the Central Delaware Aviation Complex, Kent County Aeropark and other lands
18 identified for present and future industrial uses, for the creation of a new employment center; and
19 WHEREAS, various other studies have concluded that this area is best targeted for light manufacturing;
20 distribution; warehousing and logistics; aviation-related business; and similar uses, and have documented
21 the need for infrastructure, including transportation capacity for freight and business purposes; and
22 WHEREAS, while recognizing steady economic growth, Dover and Central Delaware have long-standing
23 social and economic deficiencies that can be addressed by the creation and development of the Southeast
24 Dover Employment Complex, the Garrison Oak Business and Technology Center Business-to-Business
25 Corridor, and associated infrastructure projects, which further the City and County commitments to
26 supporting investments that foster economic development, equity, recovery and resiliency, workforce
27 development, manufacturing, environmentally sustainable environment, and foreign direct investment by
28 targeting industry opportunities that support the implementation of local comprehensive plans that result in
29 economic opportunities and strengthen our local economy; and
30 WHEREAS, the EDA proposes to award 50-60 technical assistance grants to help regions prepare for
31 substantial growth in regional growth clusters (Phase I) and to award 20-30 implementation grants to
32 implement strategies and projects to grow new regional clusters revitalizing local economies (Phase II); and
33 WHEREAS, the deadline for Phase I of this highly competitive grant application process is October 19,
34 2021, thereby requiring dedicated and expeditious completion of a Phase I application;
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service DPage 8
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COUNCIL RESOLUTION NO. 2021-23 PAGE 2
Item #6.
35 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the City
36 Planner or his designee be authorized to develop an application for Phase I of the Economic Development
37 Administration’s Build Back Better Regional Challenge for consideration by the City Council pursuant to
38 the program deadlines and requirements.
39 ADOPTED: *
40 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2021\Draft\Resolution No. 2021-23 - Authorizing An Application the the U.S. Economic Develoment Administration DRAFT.wpd
41
42 ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
43 MAYOR COUNCIL PRESIDENT
44 Actions History
45 09/13/2021 - Scheduled for Introduction - City Council
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service DPage 9
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Item #7.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on August 9, 2021 at 7:35 p.m. with Council President
Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Mr. Hare,
Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Lindell.
Staff members present were Police Chief Johnson, Ms. Peddicord (via WebEx), Mr. Harline,
Mr. Hugg, Fire Chief Carey (departed at 8:45 p.m.) Mr. Rodriguez, Mrs. Sapp, and Mrs. Ramsey.
OPEN FORUM
The Open Forum was held at 7:20 p.m., prior to 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.
Mr. Steven Hall, 326 North Bradford Street, expressed concerns regarding safety after the City has
cleaned up areas of the community and assistance to decrease the homeless population.
Mr. Andrew Marshall, 648 Venue Drive, spoke about the need for electric charging stations around
the City of Dover. Mr. Neil noted that there was a proposal for charging stations for the Bradford
Street lot.
Mr. Bennett Downes, 774 South State Street, spoke about the need for electric charging stations.
Mrs. Patty Downes, 774 South State Street, spoke about the need for electric charging stations and
how they would be helpful to have anywhere a person has to park.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Lindell
ADOPTION OF AGENDA
Mr. Sudler requested an addition to the agenda to allow Police Chief Johnson to introduce the Police
Department’s new facility animal.
Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Rocha 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.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 2
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty and carried by
a unanimous roll call vote.
INTRODUCTION OF THE POLICE DEPARTMENT’S FACILITY ANIMAL
Police Chief Johnson introduced Patrolman First Class (PFC) Lee Killen, Community Policing Unit,
and Roy III, the new facility animal from Canine Companions. Chief Johnson stated that Canine
Companions match special animals to appropriate parties to serve critical missions which included
being in support of victims, staff, and organizations that have high stress and big challenges.
REZONING REQUEST - PUBLIC HEARING/FINAL READING OF PROPOSED
ORDINANCE #2021-14
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 1617 Forrest Avenue, consisting of 5.04+/- acres, owned by Draper Farm Properties. This
property is currently zoned R-10 (One Family Residence Zone) subject to the COZ-1 (Corridor
Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) subject to the
COZ-1 (Corridor Overlay Zone). (Tax Parcel: ED-05-075.00-01-07.00-000, First Council District;
Planning Reference: Z-21-05) (Postponed during the Council Meeting of July 12, 2021)
Mr. Neil moved that the final reading of the proposed ordinance be acknowledged by title only,
seconded by Mr. Rocha and unanimously carried. (The First Reading of this ordinance was
accomplished during the Council Meeting of May 24, 2021).
Planner's Review
Mr. David Hugg, Director of Planning and Community Development, reviewed the petition to amend
the zoning district and the findings and recommendations of the Planning Commission. He noted that
the Planning Commission recommended to deny the rezoning request. Mr. Hugg advised members
that the request was subject to a protest petition received on July 12, 2021 and was validated by the
Planning Office, which meant to have an affirmative vote, it required a three-quarter vote of Council.
Mr. Hugg noted that the Land Use Classification for the property was changed to Mixed Use as part
of the Comprehensive Plan, which allowed a variety of zoning districts including the one being
requested.
Responding to Mr. Rocha, Mr. Hugg stated that the Comprehensive Plan Land Use Classification
for the property would allow a variety of zoning districts, including the current zoning, R-10, of the
property.
Responding to Mr. Hare, Mr. Hugg stated that the Comprehensive Plan was completed the fall of
2020 and on January 13, 2020, Council unanimously approved the plan for that area. He noted that
the Land Use Classification - Mixed Use did include the potential zoning classifications C-2, C-2A,
C-1 and R-10.
Responding to Mr. Hare, Mr. Hugg stated that he could not confirm, but did not believe that there
was public opposition when Council approved the Comprehensive Plan. He noted that there had
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been specific discussion about this particular property at that meeting because there was concern
about whether it should be shown as a commercial land use classification or mixed use.
Responding to Mr. Hare, Mr. Hugg advised that the Comprehensive Plan was unanimously approved
by Council and approved and signed by the Governor.
Responding to Mr. Neil, Mr. Hugg stated that if the property were to remain zoned as the R-10
classification, there would be no rezoning involved so it would not go to Planning Commission or
Council. Mr. Hugg stated that the standard procedure was to go through the Planning Commission
followed by a public hearing.
Responding to Mr. Taylor, Mr. Hugg advised that a traffic study specifically for the rezoning would
not have been done prior to the vote in 2020. He stated that it was a road maintained by the Delaware
Department of Transportation (DelDOT), so they would determine whether a traffic impact study
or other area-wide studies would be required. Mr. Hugg advised that those activities would take
place during the site plan and development process, not normally at the rezoning.
Mr. Taylor noted that when the Comprehensive Plan was signed into law, a traffic study was not
done and even at that particular time, they were having issues with traffic that bottlenecked the
Dover High School area which was why he asked these questions. Mr. Hugg advised that during that
period there had been a number of studies conducted by DelDOT and the Metropolitan Planning
Organization (MPO) regarding the Route 8 corridor and the highway system. He noted that every
year he presented the City’s Transportation Prioritization list, which is part of a series of efforts to
look at the entire transportation network, and it was not driven specifically by any one property
rezoning at that time. Mr. Hugg stated that when the site actually went for a site plan or
development, DelDOT may require traffic impact studies specifically for that particular use.
Responding to Mr. Taylor, Mr. Hugg advised that the Route 8 corridor was identified in the
Comprehensive Plan as one of the major transportation corridors that they were concerned about.
He noted that the short-term list included Dover, Kenton, College, and Walker Road, but did not
include the area of Route 8 west of Kenton Road, specifically.
Responding to Mr. Boggerty, Mr. Hugg advised that if the rezoning application was voted upon, the
decision of use would not come back to be voted upon. He noted that by zoning the property, they
would have granted the applicant a certain array of uses that fell within the category, in this case it
would be the C-2 category which included various commercial uses, office uses and some residential
uses, but this decision did not grant final approval for any specific use. Mr. Hugg stated that final
approval would go back through the site plan process as a specific proposal which did not go to
Council if there was a public hearing before the Planning Commission.
Responding to Mr. Lindell, Mr. Hugg clarified that if the rezoning application passed, the applicant
would have a list of things that they could do with the property once it was rezoned. Mr. Lindell
asked if the applicant would then take the site plan to the Planning Commission and if there would
be more of a standing for the citizens of the surrounding community to reject it at that point.
Mr. Hugg requested clarification on the question. Mr. Lindell clarified that he sympathized with the
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residents surrounding the property however, looking at the property rights of the applicant, he was
trying to navigate a way that they respect the rights of the property owner that was applying while
also allowing the citizens surrounding the proposed property to have a say when it went to the
Planning Commission. Mr. Hugg advised that the application was for the C-2A - Limited Central
Commercial Zone, which would allow the applicant to have retail stores of almost any variety,
business, professional government offices, personal service establishments, which would be beauty
shops, restaurants, service establishments, hotels, places of public assembly, and one family
residence and apartments. He stated that it could be used for a variety of uses that the owner could
then pursue, but there was nothing in that night's action that would say it would have to be any one
of those uses versus another one.
Mr. Hugg stated that when they determined what they were going to do with the project, they would
start a site plan review process which goes through a rigorous review at the staff level then the
Development Advisory Committee, which involved State and City offices, would look at all the
various impacts. They would have to meet the overlay zoning district, in addition to the normal
requirements and then go before the Planning Commission for a public hearing. Mr. Hugg stated that
the Planning Commission ultimately decided whether or not that project can move forward.
Responding to Mr. Lindell, Mr. Hugg stated that the Planning Commission was not locked into
having to accept the application if there were a large amount of individuals that had concerns about
it. He noted that their only decision was the basic zoning which would give them the right to pick
from a list of potential uses and then pursue those through the Planning Commission through the site
planning and development process.
Responding to Mr. Lindell, Mr. Hugg advised that there was a conditional use application for gas
pumps which would go through the Planning Commission.
Mr. Anderson asked if the use was a permitted use in particular, not a conditional use, that the
property owner had the right to subject to complying with the regulation. He stated that someone
could not oppose the use if it was the proper zoning, it was just a matter of how it is done. Mr. Hugg
advised that essentially, Mr. Anderson was correct.
Responding to Mr. Anderson, Mr. Hugg stated that if they chose a zoning classification which
allowed a menu of uses, then they would be recognizing that menu of uses as the appropriate use for
that property. He noted that the decision to designate a particular land use category was made when
the Comprehensive Plan was adopted. The decision to rezone to any one of the particular zoning
classifications allows for the listed uses, if they were consistent with the land use classification.
Responding to Mr. Anderson, Mr. Rodriguez confirmed that City Council was obligated to fulfill
one of the uses that was consistent with the Comprehensive Plan and they would do that based upon
what they thought was the best and appropriate use for that property. Council was not obligated to
decide whether an application should be granted because the classification may fit in the
Comprehensive Plan, they can choose to approve or not approve any zoning that is appropriate.
Mr. Hare stated that they had spent a lot of time working on the Comprehensive Plan with staff. He
noted that during the public hearings there was no opposition, then Council approved it and the
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Governor signed it. He asked if an applicant wanted to get a property rezoned, but opposition arose
to the rezoning after the Comprehensive Plan was already approved, could Council change that.
Responding, Mr. Rodriguez stated that the Comprehensive Plan designated it as mixed use, so any
zoning category that fell within that definition of mixed use was appropriate. He noted that both of
the two zonings, R-10 and C-2A, fell within that definition of mixed use.
Public Hearing
Council President Sudler declared the hearing open.
Mr. John Paradee, Baird Mandalas Brockstedt, LLC, 6 South State Street, stated he was there to
represent the owners of 1617 Forrest Avenue. He noted that it was an LLC named Draper Farm
Property, and the two principles of the LLC were Mr. Eric Goode and Mr. Alan Davis.
Mr. Paradee stated this was not a site plan application and there was no specific use or site plan
before Council. He reviewed the letter and exhibits submitted prior to the meeting (Exhibit #1). He
noted that he respected the neighbors’ concerns, but he felt, they were premature because they could
not know for sure what was going to be proposed on the property when no one, not even the
applicant, had proposed anything specific in terms of a site plan application.
Mr. Paradee noted that no one had done any formal scientific evidence-based study like a traffic
impact study or specific to a use on the property so, until a specific use was proposed and
evidence-based studies were performed, it was all sheer conjecture and speculation. He stated that
was the essence of the Gibson case which was cited at footnote 17 of his letter, which stated vague
and unsupported traffic congestion concerns were not adequate grounds to deny an application.
Mr. Paradee summarized the following key points:
• That the Comprehensive Plan identified C-2A as suitable and appropriate for the property.
• The Comprehensive Plan had the force and effect of law.
• There was no specific use proposal before Council at this juncture, and therefore, any
consideration of site plan concerns was premature.
• To deny this application on the basis of purely speculative site plan concerns, when the
comprehensive plan expressly provides that C-2A was suitable and appropriate for this
property would be arbitrary and capricious.
Responding to Mr. Boggerty, Mr. Paradee stated that he had represented someone else and argued
a similar position, but that property was across from the Bennie Smith Funeral Home. Mr. Boggerty
stated that for that property, Mr. Paradee argued that it should not be resolved based on an
assumption of use. He asked why the assumption of laws and everything previously argued applied
to this issue and not that issue. Responding, Mr. Paradee stated that it was an entirely different
pattern and noted that in the letter and exhibits, tab two included a chart that explained the
differences between the applications. He noted that with the other application the Dover Interfaith
Mission for Housing (DIMH) lobbied for that application and made it known publicly, as did the
applicant, that they were pursuing that rezoning for purposes of selling the property to DIMH for an
apartment shelter for the homeless. Mr. Paradee noted in the previous application, the proposed use
was not compatible with surrounding uses because there was ample evidence of conflicts. They had
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a similar facility in close proximity as to what they were proposing and there was testimony from
property owners in the area who had specific conflicts with that use. He noted that they did not know
what the use at the 1617 Forrest Avenue was going to be so they did not have any evidence of
conflicts. Mr. Paradee stated that the location in the other instance would have violated State law and
the proposed use was inconsistent with the Comprehensive Plan because the Downtown District
Revitalization Plan, the use which was proposed, would have conflicted with the objective of the
Downtown District Revitalization. He stated that none of those factors were present in this case and
that the proposed zoning did not violate any State law Table 12-1 showed it was consistent with the
Comprehensive Plan.
Mr. Rocha asked Council if they wanted a business, professional office, restaurant, or hotel across
the street from the high school. He noted that he did not have a reference of those types of businesses
across the street from any school or high school.
Responding to Mr. Rocha, Mr. Paradee stated that many applicants will go before city or county
councils and ask for a zoning classification that are not consistent with the current Comprehensive
Plan which would result in a rezoning application coupled with an amendment to the Comprehensive
Plan. Mr. Paradee stated that sometimes those are approved because the applicant is able to
demonstrate that conditions in the neighborhood have changed, and the legislative body makes a
judgment that they will amend their Comprehensive Plan and approve the rezoning. He noted that
was a case where they could always say no, because they would rely on their constitution. However,
Mr. Paradee stated that in this case, where 18 months ago they said all of the uses that were
permitted in C-2A were suitable and appropriate in the Comprehensive Plan, they were confronted
with an application that was consistent with the Comprehensive Plan and were duty bound to follow
it and could not say no.
Mr. Rocha asked if the Comprehensive Plan had tied their hands in making a decision. Responding,
Mr. Hugg stated that he did not know that he would use the term “tied their hands.” He stated that
the Comprehensive Plan was a statement of City policy in regard to the future land use of the City
and it had designated certain areas for certain land use classifications that allowed for a number of
different things that were compatible with the neighborhood. Mr. Hugg advised that in this particular
case, the property was currently zoned to R-10 and could stay R-10 but the applicant would be
limited in terms of the uses and activities they could carry out. He stated that by adopting a
Comprehensive Plan with a land use classification that is fairly broad, there are other things they may
want to do differently than how it was currently zoned. Mr. Hugg noted that in that event, to some
degree, the applicant had the ability to say that they would like to use the property for one of the
seven uses, but to do that, they needed a different zoning classification allowed in that land use
classification.
Mr. Rocha asked if they were conducting business backwards. He asked if the rezoning should come
after the determination of what the use of the property was going to be so that they can make an
educated decision, as opposed to blindly rezoning the property. Mr. Rocha stated that once they have
made a decision then they have to rely on the Planning Commission instead of it going back to
Council. Responding, Mr. Hugg stated that Council was relying on the Planning Commission since
City Council was being asked to make a broad land use policy, and they were giving the Planning
Commission and Planning Staff the responsibility for making determinations about specific uses and
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where they fit in the array of ordinances and regulations that they had available. Mr. Hugg noted that
as far as being backwards, the risk there would be bordering on zoning for sale or contract zoning.
Mr. Anderson expressed his concerns with Mr. Paradee’s argument. Mr. Anderson asked when they
okayed C-2 zoning. He stated that was not what the comprehensive plan said and asked where they
said C-2A was what they were approving when they specifically said that they were not going to
make it a commercial property. Responding, Mr. Paradee stated that on January 13, 2020, Council
voted to change the designation for the property from medium density residential to mixed-use. He
noted that essentially they were saying that any of the zoning uses set forth in any of the districts that
were permitted or designated as mixed use were suitable and appropriate for the property.
Responding to Mr. Rocha, Mr. Hare advised that there were businesses within a 10th of a mile from
Caesar Rodney High School.
Mr. Lindell asked if Mr. Sudler, Mr. Hugg, Mr. Rodriguez, or Mr. Paradee had experienced a
situation where Council had rezoned a property, then the applicant went to the Planning Commission
and wanted to do something that was permissible within that zoning approved by Council with
residents objecting to it, and the Planning Commission rejected that plan outright, even though it was
a permitted use in that rezoning. Mr. Lindell stated that they needed to respect the individual
property owners' rights, but they also needed to look at the surrounding property owners as well.
Responding to Mr. Lindell, Mr. Hugg stated that if a rezoning was approved then the project would
go through the site plan process. It would need approval from the following:
• DelDOT, which had control over the access and flow of traffic and would establish a
significant amount of restrictions
• The Conservation District, which would establish a number of districts relating to storm
water and in addition to the Corridor Overlay Zone there were requirements that they would
add.
• The Superior Urban Carter Development, which would deal with protecting the
neighborhood and ensuring that the purposes that were set forth in the mixed use and zoning
district were accomplished.
Responding to Mr. Lindell, Mr. Hugg stated that there was no guarantee that any project that the
applicant brought forward would ultimately get site plan approval. He noted that the Planning
Department has had site plans that have changed dramatically from what they originally proposed
to what was built because of design criteria, other considerations, and impacts from the use, which
resulted in a change in the plan.
Responding to Mr. Lindell, Mr. Rodriguez stated that they had the protection of the Corridor Overlay
Zone and referred Council to the decision made by City staff noted in Mr. Paradee’s letter.
Mr. Rodriguez stated if the rezoning was granted, it would also have to comply with a Corridor
Overlay Zone, which covered a lot of the objections that may be brought out by other speakers. He
noted that he agreed with what staff recommended.
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Responding to Mr. Lindell, Mr. Paradee stated that he had been doing land use work for 32 years and
he had seen situations where a property was rezoned, the applicant submitted a project and the
Planning Commission rejected that option. He noted that it depended on whether it was their first
permitted use or conditional use.
Mr. Boggerty noted that a convenience store with a few gas pumps was listed on the rezoning
application. He asked if they should automatically approve a rezoning issue if it qualified and if so,
why did they hear rezoning issues. He stated that the only thing that should come back and discuss
is what was it going to be used for.
Mr. Paradee stated that the engineer who filed the application put what they thought was the highest
and best use of the property, but they did not have a contract, site plan or any specific use for the
property.
Responding to Mr. Sudler, Mr. Boggerty advised that the proposed use is listed as a convenience
store with fuel pumps.
Responding to Mr. Sudler, Mr. Rodriguez advised that their decision was not the use of the property.
He stated that no matter what was put down as use, any use within the C-2A zone was appropriate.
Mr. Boggerty stated that they had established, as past practice, that their decision was based on
assumptions of use. He noted that he has tried to separate the assumption of use and now they were
saying not to consider this assumption of use. He stated that his point was that either one or two
things had to happen, they were going to consider assumption of use in their rezoning applications
or they were going to let all rezonings take place and they would make a vote when it came time for
usage.
Responding to Mr. Rocha, Mr. Hugg stated that the Comprehensive Plan was a statement of policy
about the future of the City and how it wished to grow, so a permissive document. He noted that the
Comprehensive Plan was based on facts, trends, public input, and knowledge of what best uses of
land given certain circumstances.
Responding to Mr. Hare, Mr. Rodriguez stated that since the Comprehensive Plan was unanimously
approved by Council and now, when there were rezoning applications, if Council did not approve
the rezonings and went against what was already approved, it could end up being a costly mistake.
He noted that they could be taken to court and in all probability they would lose. Mr. Rodriguez
reminded Council members that their decision tonight could not be based on the use of the property,
it was strictly on the rezoning.
Mr. Maurice Jenkins, Jr., 130 Yarmouth Way, advised that he knew that the owners wanted to build
a convenience store along with some gas pumps on the property. He advised that his issue with the
proposal was that his house was right behind the farmland and that it would affect him and everyone
in the neighborhood and surrounding neighborhoods. Mr. Jenkins stated that a commercial zoning
would diminish their property values. He also expressed safety concerns regarding a convenience
store and gas pumps. He noted that they already had a Wawa, Valero, and Royal Farms on Route 8
nearby, and having a fourth convenience store with gas pumps made no sense.
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Responding to Mr. Sudler, Mr. Jenkins stated that he was made aware of the convenience store along
with gas pumps by a letter posted on his door. He noted that it stated that the rezoning would make
the property eligible for any use and included a convenience store with gas pumps.
Ms. Rosemarie Eberly, 109 Tucket Circle, asked why would there be a need for any hearing for a
zoning change if, as Mr. Paradee stated, the Comprehensive Plan obligated them to approve the
zoning change. She stated that she did not agree with Mr. Paradee and that a C-2A zoning was not
appropriate for the area.
Mr. Richard Heisler, 1598 Forrest Avenue, regarding the notification of the rezoning compared to
the Comprehensive Plan, asked why they first found out about the rezoning by the sign on the
property and the registered letter. He stated that they were never notified about the Comprehensive
Plan and that he did not show up because everything was done remotely due to COVID. Mr. Heisler
stated that it was reckless of the owner to request a zoning change and have no idea what they were
going to put there. He noted that the owner told him that the plan was to have a convenience store
on the property. He expressed his concerns regarding noise, light pollution and chances of
lawlessness. Mr. Heisler noted that they would also lose a 200-year old tree which sat in the middle
of the property, regardless of how it was developed other than single family homes.
Mrs. Ashia Muchison, 129 Falmouth Way, stated that she and her husband were respectfully asking
Council to vote no to the rezoning of the property and the initial application for the convenience
store. She noted that it was not a presumption because they got a letter that stated it was going to be
a gas station. Mrs. Muchison stated that it did not matter if it was a gas station with pumps, it was
not an area where they should put a beauty salon either. She stated that allowing the property to be
turned into a commercial property would potentially bring trash, chaos, loitering, and potential drug
use and selling. She noted that their property value would decrease. Mrs. Muchison stated that they
have small children and a playground and the rezoning would open that space for anyone, including
sex offenders, drug users and property damage.
Mr. Darryl Muchison Sr., 129 Falmouth Way, stated that he and his wife moved to Dover 13 years
ago from Philadelphia. He noted that he still commuted to Philadelphia for work and that his home
was his place of solitude. Mr. Muchison stated that they have raised their family here and there were
more families in their community on the same path that they were.
Responding to Mr. Sudler, Mrs. Muchison stated that she worked locally and when school was in
session, they could not get out of their development to make the left or right turn because of the
school busses. She noted that it is about a 15-minute delay. She stated that she could not fathom her
daughter coming home from college to random people walking up behind her car.
Responding to Mr. Anderson, Mrs. Muchison stated that she could not imagine the uses with the
C-2A zoning that would be compatible with their corridor or that would allow traffic management
for young people to cross the street. She stated that when they were zoning for the school, they were
going to put a High-Intensity Activated CrossWalk (HAWK) light in front of their development but
it was put up on the street at Heatherfield.
Mr. Dennis Rogers stated that he did not want a convenience store or any business across the street.
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He stated that it was a beautiful neighborhood for children to go to the playground right across the
street and noted that he has taken his grandchildren to Cranberry Run and his children before them.
Mr. Rogers also stated that his wife could not pull into their driveway because Route 8 was a
nightmare. He stated that he has waited 10-15 minutes at times for traffic because there was not a
proper turn lane or light.
Mr. John Davis, 4 Stoney Drive, stated that he did not object the Comprehensive Plan because he
had a heart valve replaced in November 2019 and that there was no notice like there was for the
Planning Commission event which was sent through the mail and was required by law. He stated that
during that time there was public outcry. Mr. Davis expressed his concerns with the Comprehensive
Plan and stated that they could rule out every single use in the C-2A zoning. He noted that they have
a problem on Route 8 and that from Dover High School’s west entrance, east to Dover and Kenton
Road was a little more than a mile and they had six developments that were in range before Mifflin
Road. He noted that traffic was going to hit hard when school started up in September and that every
single commercial use that they could put on the property would increase that.
Responding to Mr. Anderson, Mr. Davis stated that it was his understanding that the property was
zoned as R-10 which was consistent with the Comprehensive Plan and any vote to keep it that way
would be fine.
Mr. Sudler asked what the danger and risk to life that could exist because of the cross traffic was.
Responding, Mr. Davis stated that there was an opportunity for loss of life or certainly injury.
Mr. Davis noted that their neighborhood did file a petition with the Planning Commission.
Mr. Charles Moudorf, 1594 Forrest Avenue, stated that he had been a resident for 41 years and had
seen changes to Route 8, and it had not been for the better. He stated that he lost 10 feet of frontage
on his property when the school opened. He noted that they paid him for it, but a minor amount.
Mr. Moudorf stated that he used to enjoy sitting on his wraparound porch, but that traffic had
become terrible over the years and the noise was even worse. He noted that recently on Sunday, he
was on his front porch and three dirt bikes went down the street doing wheelies. Mr. Moudorf stated
that the health and welfare of the children out there had to be paramount in Council’s decision.
Ms. Diane Murphy Hill, 668 Artis Drive, stated that the rezoning was consistent with the 2019
Comprehensive Plan, but it did not have to be. She stated that R-10 was consistent with what went
on in that area. Ms. Hill expressed her concerns regarding traffic on Route 8. She stated that she was
told when the school was built studies would be conducted and then the apartment complex came,
but nobody did a good comprehensive plan of all the traffic that was going to come from that. She
noted that now a church was coming in, with 300 parking spaces because of all of the parishioners.
She stated that she knew that would not be there every day, but as it was, many of the property
owners have had to alter their travel times for work because they cannot get caught up in that traffic
jam between the school and Mifflin Road.
Mrs. Patty Downes, 774 South State Street, stated that she had lived across from South Dover
Elementary for approximately seven years. She noted that her home was originally surrounded by
doctor’s offices with weekday hours but the office closed and was now a disruptive 24-hour medical
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facility with ambulances coming and going. Mrs. Downes expressed her concerns that when Council
votes on rezonings they do not always know what business it will bring.
Ms. Christie Johnson stated that she wanted to echo the same sentiments all of the residents and
surrounding neighbors had expressed. She noted that she had smaller children and moved from
Philadelphia to come to a safer and friendlier environment. Ms. Johnson stated that the thought of
having any type of convenience store or commercial business that would not only bring danger to
her loved ones and younger children, but also traffic as well scared her.
Ms. Pat Procello, 120 Chelsea Way, stated that in 2019, when Council decided the fate of Route 8,
she never received any type of notification, but Mr. John Davis notified her. She stated that she did
not notice the sign that was on the farm property until she stopped to read it. She stated that the
owners told her that they were entertaining a Sheetz gas station and convenience store. Ms. Procello
noted that when she purchased her home nine years ago, she was told that the farmland was zoned
farmland forever, and that was one of the reasons why she purchased her home. She noted that if they
put a convenience store there, they were not only talking about environmental issues and the smell
of the gasoline, but they were directly across from the high school, and the students dart across the
street constantly and have many near misses so they walk on the shoulder. Ms. Procello stated that
there was never a police presence there.
Mr. Jack Sutton, 1618 Forrest Avenue, stated that everyone else had covered what he wanted to say.
He noted that if they put a Sheetz gas station in, it would light up the entire neighborhood and that
was going to take quality of life away from the people who were trying to sleep at night. He
expressed concerns regarding traffic safety and 18 wheelers parking at Sheetz.
Ms. Patricia Cohen, 1602 Forrest Avenue, requested that Council uphold the Planning Commission’s
vote to recommend denial of the application. She stated that the proposed changes to rezone the
property were not positive changes for the City, nor did they align with the goals outlined in the
Comprehensive Plan under Housing and Community Development which stated “to provide safe and
healthy livable neighborhoods”. She stated that by changing the zoning to commercial opened a
gateway to numerous possibilities that would prevent the surrounding residential areas from
remaining tranquil and retaining the small town feel as stated in the Comprehensive Plan. She noted
that the amount of increased traffic generated by another commercial establishment would endanger
residents, motorist and pedestrians, many of whom were high school students. Ms. Cohen expressed
concerns regarding safety, traffic, increased noise and trash.
Council President Sudler declared the hearing closed.
Mr. Anderson moved to adopt proposed ordinance #2021-14. The motion was seconded by
Mrs. Arndt.
Mr. Anderson stated that it was incomprehensible to be able to adjust the traffic safely for the zoning
proposed. He stated that when they did the Comprehensive Plan, it said low intensity and the request
was not low intensity. He noted if they voted to overturn the Planning Commission, they must state
why and he could not think of a compelling reason to state why they would overturn the Planning
Commission on this unanimous vote. Mr. Anderson expressed concerns regarding public health and
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safety. He stated that the rezoning would be inconsistent with the other properties immediately
adjacent to it.
Mr. Sudler clarified that the Planning Commission’s recommendation was to deny the rezoning
request.
Mr. Lindell expressed his concerns for possible litigation that could cost more money down the line
when they could fight the battle more effectively with what was proposed by the site plan. He stated
that the neighbors had valid points, but he was worried if they were to reject the request it would
make them more vulnerable to defend the concerns of the neighbors when they had the chance to do
it.
Responding to Mr. Lindell, Mr. Rodriguez stated that if they were to lose, the rezoning request
would go back to the Planning Commission or to staff to impose the restrictions of the C-2A -
Corridor Overlay Zone. He noted that there were a lot of protections that Mr. Hugg had reviewed.
Mr. Rodriguez noted that it would be a difficult case to win.
Mr. Taylor expressed his concerns regarding changing the aesthetics of the neighborhood. He stated
that the rezoning would only increase the traffic hazards and that it would be inconsistent with what
was already there.
Mr. Hare stated that if notifications for hearings were not sent in the bills, they should be to make
sure people receive them.
Mr. Neil called the question. The motion was seconded by Mr. Boggerty and carried with
Mr. Taylor voting no.
Mr. Anderson clarified that the motion was to vote to approve the rezoning request. Mr. Lindell
clarified that if someone was voting yes, it was an affirmative motion to support the rezoning and
if a person voted no, it was a vote against the rezoning.
Mr. Anderson moved to approve the rezoning request, seconded by Mrs. Arndt. The motion failed
by a roll call vote of eight (8) no (Anderson, Boggerty, Neil, Hare, Arndt, Rocha, Taylor, and Sudler)
and one (1) yes (Lindell).
Mr. Hare moved to deny the rezoning request, as recommended by the Planning Commission. The
motion failed due to a lack of a second.
Responding to Mr. Sudler, Mr. Rodriguez stated that the motion was clear to deny the rezoning and
to follow what the Planning Commission did.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 26, 2021
The Minutes of the Regular Council Meeting of July 26, 2021 were 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 - JULY 27, 2021
The Council Committee of the Whole Meeting was held on July 27, 2021 at
6:00 p.m., with Council President Sudler presiding. Members of Council present
were Mr. Boggerty, Mr. Neil, Mr. Hare, Mrs. Arndt, Mr. Rocha, and Mr. Taylor.
Mr. Anderson and Mr. Lindell were absent. Civilian members present for their
Committee meetings were Mr. Contant (via WebEx) and Mr. Shevock (Legislative,
Finance, and Administration).
COUNCIL COMMITTEE OF THE WHOLE
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Mrs. Arndt
presiding in the absence of Mr. Anderson.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Shevock and
unanimously carried.
Replacement of 2003 Pierce Lance Engines 3 and 6 (David Carey, Fire Chief)
Mr. David Carey, Fire Chief, reviewed the background and analysis regarding the
evaluation of bids for the replacement of 2003 Pierce Lance Engines 3 and 6.
Staff recommended approval of the purchase of 2022 Pierce Enforcer Pumper.
Responding to Mr. Shevock, Chief Carey stated that as far as he was aware there had
been no correspondence back from the other two companies they had sought to bid.
Responding to Mr. Neil, Chief Carey stated that two vehicles would be retired. He
noted that normally they would sell the fire trucks to pay for new equipment but one
of the trucks may have a blown engine so they were not sure if they would sell it as
is or if they would fix it up to sell.
Responding to Mr. Neil, Chief Carey stated that they had not lost any capability for
the City despite going from two trucks to one due to the fact that the rescue engine
had an extra pump that could carry water that the previous engine did not.
Responding to Mr. Contant, Chief Carey stated that they had not applied for any
grant money for the fire apparatus but they could look into it.
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Responding to Mr. Taylor, Chief Carey stated that he would work with the City of
Dover Grant Writer and the Fire Department Grant Writer to get financial assistance
in this process.
Mr. Hare moved to recommend approval of staff's recommendation, seconded
by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Discussion of Regular Council Meeting Start Time (Councilman William Hare)
Mr. William Hare, Councilman Second District, reviewed the benefits of changing
the start time of Regular Council Meetings from 7:30 p.m. to 6:30 p.m. He explained
that the annual meeting would remain at 7:30 p.m. per the City of Dover Charter.
Mr. Hare noted that Mr. David Anderson, Councilman Fourth District, had said that
he was fine with changing to a 6:30 p.m. start time and would like his support
included on the record.
The recommendation was to change the Regular Council Meeting start time to
6:30 p.m. beginning in September 2021.
Mrs. Arndt noted that Mr. Matthew Lindell, Councilman First District, had contacted
her and expressed that he was not opposed to the 6:30 p.m. start time.
Mr. Neil moved to recommend approval of changing the Regular Council
Meeting start time to 6:30 p.m. beginning in September 2021. The motion was
seconded by Mr. Taylor and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Evaluation of New Monthly Reports by the Mayor, Council President, and
Members of City Council
Mr. Roy Sudler, Council President, explained that the monthly reports he had
requested of the Mayor, Council President and Members of City Council were not
mandatory and he asked that the Council members decide whether it was something
they wanted to do moving forward.
Responding to Committee Members questions, Mr. Sudler advised the following:
• The reports would be presented at the first Council Committee of the Whole
meetings of each month rather than at Council Meetings
• The reports could be presented either in written format or verbally
• The reports would be no longer than 3 minutes long
• If the representative has nothing to report, a report would not be required
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Mr. Sudler moved to recommend that the new monthly reports by the Mayor,
Council President, and Members of City Council be presented at the first
Council Committee of the Whole meeting each month either written or verbally
and would be limited to three (3) minutes in length. The motion was seconded
by Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Neil and unanimously
carried.
Meeting adjourned at 6:26 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Dover Bicycle and Pedestrian Plan Update (Marilyn Smith, Executive Director,
Dover/Kent County Metropolitan Planning Organization (MPO) and Leah
Kacanda, Project Manager, Whitman, Requardt & Associates, LLP)
Ms. Marilyn Smith, Executive Director, Dover/Kent County Metropolitan Planning
Organization (MPO) introduced Ms. Leah Kacanda, Project Manager, Whitman,
Requardt & Associates, LLP.
Ms. Kacanda reviewed the background on the Dover Bicycle and Pedestrian Plan and
the recommendations for the project.
Dover/Kent County Metropolitan Planning Organization (MPO) recommended
adoption of the Dover Bicycle and Pedestrian plan as presented (plan was adopted
by MPO Council on May 5, 2021).
Mr. Neil and Mr. Sudler stated that they would like to reroute a bicycle route that was
currently in front of Bennie Smith Funeral Home. Mr. Sudler requested that when the
MPO and Delaware Department of Transportation (DelDOT) looked into rerouting
the bicycle route that an eight foot multi-use pad be used as the alternative.
Responding to Mr. Sudler, Mr. Taylor stated that there was no way to include
changes to the delineator or to rerouting the bicycle path at the current time.
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Ms. Kacanda stated that there was nothing binding in the plan presented and that
there was a lot of flexibility when it came to designing the facility.
Mr. Matt Harline, Interim City Manager, stated that the Committee could add a note
to the study and accept it with a note from staff or it would go back to the MPO for
revision. He noted that accepting the plan did not mean they could not continue to
pursue some changes to the Senator Bikeway as it currently was.
Responding to Mrs. Arndt, Mrs. Lisa Chase, Grant Writer, stated that the deadline
to submit the Bicycle Friendly application had been extended to September 1, 2021.
Mr. Neil moved to recommend approval of the Dover/Kent County
Metropolitan Planning Organization’s (MPO) recommendation with the
provision that the delineator discussion be revisited. The motion was seconded
by Mr. Boggerty and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Mr. Sudler moved to recommend that City Council declare the delineators on West
Division Street, primarily in front of the Bennie Smith Funeral Home, undesirable,
and potentially unsafe for that particular area and to instruct the City Manager and
the Planning and Community Development Director to meet with DelDOT to discuss
an alternative such as the multi-use eight foot asphalt pad.
Mr. Rocha requested that the motion be amended to include emergency vehicles.
Mr. Sudler moved to recommend that City Council declare the delineators on
West Division Street, primarily in front of the Bennie Smith Funeral Home,
undesirable, and potentially unsafe for that particular area and to instruct the
City Manager and the Planning and Community Development Director to meet
with DelDOT to discuss an alternative such as the multi-use eight foot asphalt
pad. The motion was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committees' recommendation,
seconded by Mr. Boggerty and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Safety Advisory and Transportation
Committee meeting, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:57 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Boggerty and unanimously carried.
Meeting adjourned at 6:57 p.m.
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By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote.
MONTHLY REPORTS - JUNE 2021
By motion of Mr. Neil, seconded by Mr. Boggerty, the following monthly reports were accepted
by consent agenda:
City Assessor’s Report
City Council’s Community Enhancement Fund Report
City Manager’s Report
City Planner’s Report
Fire Chief’s Report (May and June)
Police Chief’s Report
APPOINTMENT OF INTERIM ASSISTANT CITY CLERK/ASSISTANT TREASURER -
MEGAN RAMSEY (EFFECTIVE AUGUST 4, 2021)
By consent agenda, Mr. Neil moved for approval of the appointment of Mrs. Megan Ramsey.
The motion was seconded by Mr. Boggerty and unanimously carried.
RESOLUTION NO. 2021-20 - AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER - CONTROLLER/TREASURER, ASSISTANT
TREASURER, AND INTERIM ASSISTANT TREASURER
By consent agenda, Mr. Neil moved for adoption Resolution No. 2021-20. The motion was
seconded by Mr. Boggerty and by a unanimous roll call vote, Council adopted the following
Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000
per banking institution, investments in the State of Delaware Investment Pool, and the purchase and
sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial
institutions require an Authorizing Resolution for the opening of accounts, and for purchasing,
selling, transferring, assigning, and handling securities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer, Assistant Treasurer, and Interim Assistant Treasurer are hereby authorized
to open accounts with banking institutions and purchase, sell, transfer, assign, and handle securities
and that they are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one
signature; and
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Item #7.
CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 18
That the following are the office holders authorized for these purposes, until further notice:
Lori Peddicord - Controller/Treasurer
Janella Sapp - Assistant Treasurer
Megan Ramsey - Interim Assistant Treasurer
ADOPTED: AUGUST 9, 2021
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE
#2021-16 - PROPERTY LOCATED AT 633 PERSIMMON TREE LANE, OWNED BY
DOVER INDOOR TENNIS, INC.
A request was received for annexation and rezoning of property located at 633 Persimmon Tree
Lane, consisting of 3.1707 +/- acres, owned by Dover Indoor Tennis, Inc. This property is currently
zoned AR - Agricultural Residential District (Kent County Zoning Classification) and the proposed
zoning is RC - Recreational and Commercial Zone (City of Dover zoning classification). Staff
recommended that the request be referred to the Utility Committee on September 14, 2021 and to
the Planning Commission on September 20, 2021 and that a public hearing be set before City
Council on October 11, 2021 at 6:30 p.m. (Tax Parcel: LC-00-058.00-01-32.00-000; Planning
Reference: AX-21-03; Council District 3)
Mr. Hare moved for referral, as recommended, seconded by Mr. Lindell and unanimously
carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2021-16 AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 633 PERSIMMON TREE LANE
INTERIM CITY MANAGER'S ANNOUNCEMENTS
Mr. Matthew Harline, Interim City Manager, provided the following information:
• In June 2020, the City received a request to rename the New and Dover Street Park to Bishop
LT Blackshear Park and they have officially renamed it. They are looking to plan an event
possibly on September 18th, which is almost the anniversary of his passing.
• Mr. Harline would be going on vacation, but would be available by cell phone and email.
• With the Human Resources (HR) Department, the Parks and Recreation Department, and the
Blood Bank of Delmarva, there was a blood donation drive scheduled at the Pitts Center on
Monday, August 16th, from 12:00 p.m. to 6:00 p.m. If anyone wanted to register they could
contact HR and all employees who donated would be entered to win a $50.00 Amazon gift
card.
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CITY COUNCIL MEETING OF AUGUST 9, 2021 PAGE 19
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson thanked Council members and the Interim City Manager for their support with the
Dover Health Care Blitz. He noted that 3,200 people were served which met their goal, 1500+
glasses had been issued and over a $1,250,000 worth of services were rendered.
Mr. Rocha advised that his appointee to the Utility Committee, Ms. Jennifer Harris, passed away.
He stated that while she did not get a chance to serve the City, she was willing.
A moment of silence was held for Ms. Jennifer Harris and her family.
Mr. Hare moved for adjournment, seconded by Mr. Boggerty and unanimously carried.
Meeting adjourned at 10:51 p.m.
JANELLA MAE T. SAPP
INTERIM CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of August 9, 2021 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
RRC/JS/mr
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\08-09-2021 REGULAR.wpd
Exhibits
Exhibit #1 - Correspondence submitted by Mr. John Paradee, Baird Mandalas Brockstedt, LLC
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EXHIBIT
Item #7. #1
Regular Council Meeting of 08/09/2021
TABl
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John W. Paradee, Esq.
302-677-0061
www.bmbde.com
john@bmbde.com
D Item #7.
August 9, 2021
VIA HAND DELIVERY
Roy Sudler, Jr.
City Council President
City of Dover
The Plaza
Dover, Delaware 19901
RE: Lands of Draper Farm Properties, LLC
5.0+/- acres located at 1617 Forrest Avenue
Rezoning Application #Z-21-05
Dear President Sudler and Members of City Council:
I represent Draper Farm Properties, LLC ("DFP"), the owner of a 5.0+/- acre
parcel of unimproved real property on the north side of Route 8 in the City of
Dover, more particularly identified as Tax Parcel #ED-05-075.00-01-07.00-000
(the "Property"). The Property is located directly across from the new Dover High
School, along a major arterial roadway which serves as the western gateway into
the City, in close proximity to a number of retail and commercial uses.
The Property is presently zoned R-10 (Residential). DFP has filed the
above-referenced application (the "Application") to rezone the Property to C-2A
(Limited Central Commercial). Critically, the City's most recently-adopted
Comprehensive Plan - which has the force and effect of law - recommends that
the Property be developed for "Mixed Use", which includes C-2A (Limited Central
Commercial) uses. The purpose of this letter is to explain, respectfully, why City
Council has no lawful alternative but to approve Rezoning Application #Z-21-05.
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Background
As you may recall, the City's prior (2008) Comprehensive Plan
recommended that the Property be developed for "Medium Density Residential"
uses, including C-1 (Neighborhood Commercial) uses. Among the goals of the
2008 Comprehensive Plan were the creation of "neighborhood centers" and "urban
centers", which the Plan recommended "be established along major roadways and
feature mixed use development." The 2008 Comprehensive Plan also
acknowledged that "Route 8, west of the railroad tracks, has become a key
commercial corridor for the City", that "jobs and commerce in the retail,
wholesale, and service sectors are an important part of Dover's economic vitality",
and that "commercial centers and corridors contribute to the City's overall image
and the positive feeling of its residents." Finally, with regard to the Route 8
corridor in particular, the 2008 Comprehensive Plan recommended that the area
"continue to develop as either commercial or professional offices."
In August of 2018, when the City was in the process of updating its 2008
Comprehensive Plan, I wrote a letter to then City Planning Director Dave Hugg,
asking that the City to give due consideration to the Plan's recommendations
regarding potential future uses of the Property. See Exhibit "A" attached hereto.
In that letter, I noted the City's desire to annex a number of parcels of land located
to the west of the Property, as part of the natural growth and expansion of the
City's western boundaries. I further noted that, given the continuing trend of
growth and development along the Route 8 corridor at the western gateway of the
City, and the 2008 Comprehensive Plan's recommendations that this growth and
development be planned in such a way as to create "neighborhood centers", it was
logical and appropriate to upgrade the Comprehensive Plan recommendation for
the Property from "Medium Density Residential'' to "Mixed Use" or
"Commercial", in order to allow for mixed-use development that will bring more
retail and commercial business services closer to the growing number of residential
neighborhoods on the west side of the City. I thus requested, on behalf of DFP,
that the City upgrade the Comprehensive Plan recommendation for the Property to
"Mixed Use" or "Commercial", for all the reasons set forth above.
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Subsequently, on December 16, 2019, in response to DFP's request, the City
Planning Commission recommended (by a 5-2 vote) that the Comprehensive Plan
designation for the Property be changed from "Medium Density Residential" to
"Mixed Use". See Exhibit "B" attached hereto. Thereafter, on January 13, 2020,
the City Council voted unanimously to change the Comprehensive Plan
designation for the Property from "Medium Density Residential" to "Mixed Use".
See Exhibit "C" attached hereto. Thus, as matters now stand, the City's current
Comprehensive Plan - which has the force and effect of law - designates the
Property for "Mixed Use" development, including (according to Table 12-1) a
number of different "Commercial" zoning classifications, namely: C-1
(Neighborhood Commercial), C-lA (Limited Commercial), C-2 (Central
Commercial), C-2A (Limited Central Commercial), C-3 (Service Commercial),
CPO (Commercial and Professional Office), and IO (Institutional and Office).
Indeed, C-2A is not even the most intensive commercial use available to the
Property under the City's current Comprehensive Plan.
Notably, the change made to the Property's designation by the 2019
Comprehensive Plan - from "Medium Density Residential" to "Mixed Use" - is
consistent with the goals expressed in the body of the 2019 Comprehensive Plan.
Recalling that the 2008 Comprehensive Plan sought to "provide a more aggressive
plan of action for the City", with economic development being "one of the most
pressing issues in Dover"1, the 2019 Comprehensive Plan builds upon the 2008
Plan's goals (creating "neighborhood centers" and "urban centers" which feature
mixed use and commercial development "along major roadways", particularly
along the key commercial corridor of Route 8 on the western side of the City) by
seeking to "attract and retain high-paying quality jobs by targeting business sectors
that are best suited for Dover and Kent County" and "ensure that land
development, zoning, infrastructure and other development requirements
encourage the economic development and uses desired". 2 Recognizing that "[t]he
western portion of Dover has received the vast majority of new residential
development since 1985", and understanding that convenient access to retail and
commercial uses "located along major arterial roadways" like Route 8 is necessary
1 See page 1-6 of the 2019 Comprehensive Plan.
2 See page 1-12 of the 2019 Comprehensive Plan.
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to serve the residents of these developments, 3 one of the express policies of the
Land Development Plan (Chapter 12) within the 2019 Comprehensive Plan is to
"permit limited compatible neighborhood commercial uses that support
surrounding residences within residential areas." 4 With regard to "Mixed Use
Areas" in particular, among the stated goals of the 2019 Plan is a recognition that
"there are opportunities for the creation of urban centers. These centers should be
established along major roadways and feature mixed use development. .. " 5 With
regard to "Commercial Land Uses", the 2019 Plan states:
Route 8/Forrest Avenue, west of the railroad tracks, has also become a
key commercial corridor within the City. Dover's residential
neighborhoods also create various local commercial needs. The Land
Development Plan also identifies specific locations [like the
Property] for the development of neighborhood retail and
community shopping center uses within the suburban fringe
[emphasis added]. 6
The Delaware Route 8/F orrest Avenue/Forest Street corridor
continues to be an area subject to ongoing development pressure. It is
a western gateway to the City ... The Plan identifies areas for
Commercial Low Intensity areas [like the Property] intended for
predominantly neighborhood commercial use to meet the
convenience retail and service needs of existing and future
residential areas [emphasis added]. 7
3 See page 2-4 of the 2019 Comprehensive Plan ("convenience retail/service commercial uses
have followed residential development along DE Route 8 in western Dover."). See also page 2-8
of the 2019 Comprehensive Plan ("There is no defined area for retail growth other than that
along Route 13/DuPont Highway, Bay Road, and portions of the Route 8 corridor. In this time
period [2008-2018], the Route 8 corridor saw development of Walgreens, CVS, the rebuild of
McDonald's, Redners, AAA Auto Care, and planning for a new Dunkin Donuts.").
4 See page 12-3 of the 2019 Comprehensive Plan.
5 See page 12-7 of the 2019 Comprehensive Plan.
6 See page 12-11 of the 2019 Comprehensive Plan.
7 See page 12-13 of the 2019 Comprehensive Plan.
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Item #7.
Additionally, one of the primary purposes of land use and transportation
recommendations generated by the Delaware Route 8 Concept Plan and
Operations Study performed by the Dover/Kent County MPO - referenced at page
12-13 of the 2019 Comprehensive Plan - is to "promote superior urban corridor
development". 8 As the Study notes, the City's Corridor Overlay Zone (COZ)
"identifies areas along the [Route 8] corridor consistent with the identified Study
Area Transects", and tellingly, Exhibit 2-6 of the Study indicates that the Property
here in question falls within the transitional "Rural to Suburban Zone", where "it is
anticipated that the rural and rural to suburban transects will become more
suburban in character."9 Indeed, Exhibit 2-7 of the Study, entitled "Future Land
Development Opportunities", identifies the Property here in question as an
"underutilized" site (shown in dark blue) 10, which the Study recommends be
targeted for development.
As if it were not obvious enough already that the City of Dover is growing in
a westward direction, and thus, the areas surrounding the Property here at issue are
presently transitioning from rural/suburban to suburban/urban - a trend which the
2019 Comprehensive Plan recognizes will continue over the next 10-20 years - the
Growth and Annexation Plan (Chapter 13) of the 2019 Comprehensive Plan
identifies substantial swaths of land just south and west of the Property as areas
targeted for annexation over the next 5-10+ years ("most of the existing developed
or developing areas along Dover's western boundary"). 11 Given the continuing
westward growth of the City along the Route 8 corridor, it is simply unrealistic
naivety (and poor land use planning) to expect that future development of vacant
lands fronting on Route 8 will be anything other than commercial in nature.
It is thus readily apparent that rezoning the Property here in question - from
R-10 Residential to C-2A Limited Central Commercial - is not only consistent
with, but also expressly contemplated by, the 2019 Comprehensive Plan and its
8 See page 2-18 of the Delaware Route 8 Concept Plan and Operations Study, attached hereto as
Exhibit "D".
9 See page 2-19 of the Study.
10 See page 2-21 of the Study.
11 See Map 13-1: Potential Annexation Areas, attached hereto as Exhibit "E".
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accompanying Land Use Maps (see Maps 12-1 and 12-lC). 12 And, as will be
articulated in greater detail below, because the Comprehensive Plan and its Maps
have the force and effect of law, the City Council has no lawful alternative but to
approve Rezoning Application #Z-21-05.
The Comprehensive Plan Has "The Force And Effect Of Law"
One of the most basic and universally recognized principles of Delaware
land use law is that, once adopted, "fa] comprehensive plan shall have the force
of law and no development shall be permitted except as consistent with the plan."
See 22 Del. C. § 702(d). The General Assembly's mandate that development be
"consistent" with the comprehensive plan "is, of course, no mere technicality ... "
See O'Neill v. Town of Middletown, 2006 WL 205071 at *31 (Del. Ch. 2006),
citing Lawson v. Sussex County Council, 1995 WL 405733 at *4 (Del. Ch. 1995).
To the contrary, the requirement to zone in accordance with the City's
Comprehensive Plan is a "fundamental feature" of the General Assembly's
delegation of zoning authority to the City. Id. The question is not whether a
proposed rezoning is reasonably related to the public health, safety, or welfare, but
rather, whether the act of the zoning authority is arbitrary and capricious for
failure to comply with the law (i.e., the Comprehensive Plan), thereby exceeding
the statutory delegation of zoning authority by the General Assembly to the City.
O'Neill at footnote 279. Any zoning determination which is inconsistent with the
City's adopted Comprehensive Plan is per se arbitrary and capricious, and will be
reversed by Delaware courts. See, e.g., Green v. County Council of Sussex
County. 508 A.2d 882 (Del. Ch. 1986); Gibson v. Sussex County Council, 877
A.2d 54 (Del. Ch. 2005) ("Put simply, it is impossible to avoid the conclusion that
the County Council's rejection of the Project was driven by a desire to please the
opponents of the Project, and not by rational factors pertinent to the decision
before the Council. In making a land use approval decision of this kind, the
Council is not free to bend to the prevailing breeze, but must rationally and fairly
apply its zoning code and regulations. That did not occur here and instead the
Gibsons were subjected to an ad hoc exercise of power.").
12 See Exhibit "F" attached.
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In sum, because the City of Dover's 2019 Comprehensive Plan designates
the Property here in question for "Mixed Use" development, including C-2A
Limited Central Commercial - and because that designation has the force and
effect of law - the City Council has no alternative but to approve Rezoning
Application #Z-21-05. Indeed, to do otherwise would be arbitrary and capricious
perse.
There Is No Specific Use Proposal Before Council At This Juncture, And
Therefore, Any Consideration Of Site Plan Concerns Is Premature
Here, it is critical to note that the Application before Council is not a site
plan application for any particular/specific use - rather, the Application presently
before Council is merely a rezoning application. And while it may be true that the
Application indicates as the proposed use a "convenience store with fuel pumps", it
is also true that granting the Application would not (could not possibly) lead
inescapably or irreversibly to the conclusion that the Property will be developed
for use as a convenience store with fuel pumps. We know this to be true for at
least two (2) reasons: (1) DFP does not have the property under contract with
anyone, for any particular/specific use, and thus, there is no identifiable end user
for the Property at this point in time; and (2) more critically, even if the instant
Rezoning Application is approved, DFP must still secure site plan approval from
the City Planning Commission before any particular/specific use of the Property
can be made (see Article 10, Section 2 of the City Code). 13 For these reasons, it is
impossible to say at this juncture what the actual end use of the Property may
someday be - indeed, if the Application were to be approved, the actual end use of
the Property could be any one of the numerous uses permitted in the C-2A Limited
Central Commercial zone under Article 3, Section 14 of the City Code: a retail
store; a business, professional, or governmental office; a personal service
establishment; a restaurant; a service establishment; a hotel; a place of public
assembly; a drive-through; a number of one family residences, including attached
and semi-detached dwellings; an apartment or multi-family dwelling; or a parking
13 Furthermore, any proposal to operate a convenience store with fuel pumps at the Property
would require an additional conditional use approval from the Planning Commission (see Article
3, Section 14.2(b) and Article 10, Section 1 of the City Code).
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lot or parking structure. See Article 3, Section 14 of the City Code. The plain and
simple reality here is that - even if the Rezoning Application is approved - no one,
not even the Applicant, has any idea what particular/specific use may ultimately be
made on the subject Property. For this reason, it is an exercise in pure conjecture
and speculation to evaluate the Application on the basis of site planning issues or
concerns - like traffic volume or congestion, noise, lights, trash, parking, setbacks,
landscaping, or similar "nuisance" factors - when no one knows for sure what the
actual end use of the Property might be. This is the very reason why any
consideration of site plan concerns is utterly premature at this nascent stage of the
development process. 14
Conclusion
The only question properly before the City Council at this juncture is
whether or not the zoning classification sought by Rezoning Application #Z-21-05
is consistent with the City's 2019 Comprehensive Plan. 15 The answer to that
question is obviously and undeniably in the affirmative. See Table 12-1 of the
2019 Comprehensive Plan, attached hereto as Exhibit "G". See also the
recommendation of the City's professional planning staff, attached hereto as
Exhibit "H" ("Staff recommends that the rezoning for C-2A (Limited Central
Commercial) while retaining the COZ-1 (Corridor Overlay Zone) be granted as
requested, as the proposed zoning is consistent with the 2019 Comprehensive
Plan (as amended) for the Mixed Use Land Use Classification Category."
[emphasis added]).
14 See DelDOT's Development Advisory Committee Application Review Commentary, at page
67 under Exhibit "H", wherein DelDOT indicates no objection to the proposed rezoning and
states, "At such time the property develops it shall be submitted to DelDOT. At that time
schedule a pre-submittal meeting to begin the process [emphasis added]." Clearly, at this
nascent stage of the "process", any attempt to evaluate the potential traffic impacts of any
particular use of the Property is premature at best and utterly speculative at worst.
15 See 22 Del. C. § 304 ("The regulations shall be made in accordance with a comprehensive
plan ... "). See also Section 5.6, Article 10 of the City Code ("In all cases where the city council
shall approve an amendment to the zoning map, the said council shall find that, for the reasons
fully set forth in the said findings, such amendment is in conformity with the comprehensive plan
for the city.").
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The City Council has already made the legislative determination, just 18
months ago - and unanimously so 16 - that the C-2A Limited Central Commercial
zoning district is a district whose character and uses are suitable and appropriate
for the Property. It would therefore constitute the epitome of arbitrary and
capricious decision-making to deny Rezoning Application #Z-21-05, on the basis
of purely speculative site plan concerns, when the 2019 Comprehensive Plan
expressly provides that C-2A Limited Central Commercial is a suitable and
appropriate zoning classification for a property (like this one) designated for
"Mixed Use" development. In summary, City Council is compelled to approve
Rezoning Application #Z-21-05 for four (4) very simple reasons:
1. The 2019 Comprehensive Plan identifies C-2A Limited Commercial
Zoning as a suitable and appropriate zoning district classification for the Property.
2. The 2019 Comprehensive Plan has "the force and effect of law".
3. There is no specific use proposal before Council at this juncture, and
therefore, any consideration of site plan concerns is premature. 17
4. To deny Rezoning Application #Z-21-05, on the basis of purely
speculative site plan concerns, when the 2019 Comprehensive Plan expressly
provides that C-2A Limited Central Commercial is a suitable and appropriate
zoning classification for the Property, would be wholly arbitrary and capricious.
16 On January 13, 2020, Council members David Anderson, Roy Sudler, Fred Neil, Ralph
Taylor, and Matt Lindell - all of whom are still on City Council - all voted in favor of changing
the designation of the Property to "Mixed Use" (see Exhibit "C" attached), a designation which
clearly permits C-2A Limited Central Commercial zoning. To deny Rezoning Application #Z-
21-05 now, having previously determined that the C-2A Limited Central Commercial zoning
district was a suitable and appropriate zoning district for the Property, would be wholly arbitrary
and capricious, in direct violation of the 2019 Comprehensive Plan's "force and effect of law".
17 Notably, at present, there is zero evidence before City Council regarding any conceivable site
plan considerations, as there is no specific use proposal before Council, and thus, no studies or
other evidence concerning the potential impacts of same. As noted in the Gibson case, "vague
and unsupported traffic congestion concerns [are] not adequate grounds to deny" an application.
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For all of the foregoing reasons, I respectfully request that City Council do
what the law compels Council to do - by voting to approve Rezoning Application
#Z-21-05.
submitted,
•
JWP/lwr
Enclosures
cc: Mr. Allan Davis
Mr. Eric Good
Douglas S. Walker, Esquire
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EXHIBIT "A''
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John W. Paradee, Esq .
302-677-0061
www.bmbde.com
john@bmbde.com
August 20, 2018
David S. Hugg
Planning Director
City of Dover
The Plaza
Dover, Delaware 19901
RE: City of Dover Comprehensive Plan Recommendation for
5.0 +/- acre parcel located on Route 8 in Dover, Delaware
Dear Mr. Hugg:
As you know, I represent Draper Farm Properties, LLC ("DFP"), the owner of a 5.0+/-
acre parcel of unimproved real property on the north side of Route 8 in the City of Dover, more
particularly identified as Tax Parcel #ED-05-075.00-01-07.00-000 (the "Property"). The
Property is located directly across from the new Dover High School, along a major arterial
roadway which serves as the western gateway into the City, in close proximity to a number of
retail and commercial uses.
The Property is presently zoned R-10, and the City's existing (2008) Comprehensive Plan
recommends that the Property be developed for "Medium Density Residential" uses, which may
include C-1 (Neighborhood Commercial) uses. Among the goals of the Comprehensive Plan are
the creation of "neighborhood centers" and "urban centers", which the Plan recommends "be
established along major roadways and feature mixed use development." The Comprehensive
Plan also acknowledges that "Route 8, west of the railroad tracks, has become a key commercial
co1Tidor for the City", that "jobs and commerce in the retail, wholesale, and service sectors are
an important part of Dover's economic vitality", and that "commercial centers and corridors
contribute to the City's overall image and the positive feeling of its residents." And finally, with
regard to the Route 8 corridor in particular, the Comprehensive Plan recommends that the area
"continue to develop as either commercial or professional offices."
It is my understanding that the City is presently in the process of updating its
Comprehensive Plan, and thus, now would be an appropriate time for the City to give due
consideration to the Plan's recommendations regarding potential future uses of the Prope1iy. It is
also my understanding that the City may be desirous of annexing a number of parcels of land
located to the west of the Property, as part of the natural growth and expansion of the City's
western boundaries. Given the continuing trend of gro,vth and development along the Route 8
corridor at the western gateway of the City, and the Plan's recommendations that this growth and
development be planned in such a way as to create "neighborhood centers", it would be logical
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and appropriate to upgrade the Comprehensive Plan recommendation for the Property to "Mixed
Use" or "Commercial", in order to allow for mixed-use development that will bring more retail
and commercial business services closer to the growing number of residential neighborhoods on
the west side of the City.
I therefore respectfully request, on behalf of DFP, that the City upgrade the
Comprehensive Plan recommendation for the Property to "Mixed Use" or "Commercial", for all
of the reasons set forth above.
Thank you for your time and consideration. If you should have any questions
whatsoever, please do not hesitate to contact me.
JWP/lwr
cc: Mr. Allan Davis
Mr. Eric Good
Douglas S. Walker, Esquire
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EXHIBIT "B"
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CITY OF DOVER PLANNING COMMISSION
DECEMBER 16, 2019
Excerpt from Meeting Minutes - DRAFT
The Regular Meeting of the City of Dover Planning Commission was held on Monday, December
16, 2019 at 7:00 PM in the City Hall Council Chambers with Chairperson Dr. Jones presiding.
Members present were Ms. Edwards, Mr. Hartman, Mr. Baldwin (arrived at 6:53pm), Mr. Tolbert,
Mrs. Welsh, Ms. Maucher and Dr. Jones. Mr. Adams and Mr. Roach were absent. Staff members
present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Julian Swierczek and Mrs.
Samantha Bulkilvish.
NEW BUSINESS
1) 2019 Comprehensive Plan -The City of Dover 2019 Comprehensive Plan includes text and a
Map series outlining information and policies regarding land use activities in the City of Dover.
The FINAL DRAFT 2019 Comprehensive Plan (12.3.2019) document is on file at the
Department of Planning and Inspections, City Hall, 15 Loockerman Plaza, Dover and at the
Dover Public Library, 35 Loockerman Plaza, Dover.
See Project website: hUps://www.cityofdover.com/20 19-comprehensive-plan
a) Project Scope and Process
Mr. Hugg stated that this is an important step in a process that goes back to at least June 2018
or perhaps even further than that to review or refine and ultimately recommend to the Planning
Commission and City Council a new Comprehensive Plan for the City of Dover. You have
probably heard him say many of these things before and he will try to be brief. Dover's current
Comprehensive Plan was prepared in 2008 and formally adopted in 2009 and it has served the
City very well in the decade. Since then, it has had a few modifications but as he has said
multiple times, it was a very good Plan to begin with and so the challenge for the Planning
Staff was to take an already excellent Plan and make it better. To make it a contemporary Plan
that reflects what has happened in Dover over the last decade and where we see the community
going in the future. The requirements for preparation of a Plan are set by State Code and they
require among other things that every ten years a municipal jurisdiction has to review and adopt
a new Comprehensive Plan; hence, the fact that they are now doing it in 2019. There is an
extensive list of items that must be addressed in the Comprehensive Plan: a series of policies
and recommendations and implementation steps; ultimately a Land Development Plan
showing how land will be used in the community and then an Annexation Plan showing how
the community will grow in the future. Where they are in the process is that they are kind of at
the next to the last step. They have spent a long time modifying and addressing and preparing
this plan and getting public input. It has gone through a couple of reviews internally and
externally and reviewed by the State; he will touch on those in a few minutes. It is their
intention to have a fully certified and adopted Comprehensive Plan in affect by February 2020.
Julian Swierczek stated that the project schedule for the 2019 Comprehensive Plan was broken
down into five main phases. The first one and perhaps the most important one was the
Information Gathering. They started, as Mr. Hugg said with the 2008 document, gathered
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various other plans and studies and most importantly they engaged with the public as much as
possible before they could begin the plan and map development which was the second phase
of the 2019 Plan update. From there, they moved to Consideration of the Plan
Recommendations which is where they obviously reflected on what they did, and they reached
out to confirm that they were sort of in the right direction with this new plan. Currently, they
are now in part of the Formal Review and Adoption Process. Finally, they will be moving
hopefully by February 2020 into the Plan Implementation Phase.
Mr. Swierczek continued for the Information Gathering activities, they of course started with
the website for the 2019 Comprehensive Plan. This is where they made available to the public,
all of the information that they were working on, contact information so that they could leave
the door open to the public as much as possible to reach out to them in the process. In Summer
2018, they had done the evaluation of Goals and Recommendations of the 2008 Plan. It was a
good plan and it was a good starting point for us. In 2018 and 2019, there was ongoing reporting
and project updates to the Planning Commission and City Council; so, thank you again for
your valuable input and participation in this project. They did project team meetings of
Planning Staff as well as with City Departments and Divisions. They also met with other State
Agencies and other groups like the State Planning Office and other relevant departments. In
2019, they were doing intergovernmental coordination meetings with neighboring
municipalities and the County. For the engagement activities, they held a series of events
because they wanted to reach out to relevant parties and the public as much as possible. June
13, 2018 was their first public event which was the "Dover Economic Development Forum."
June and July 2018 were a Survey Questionnaire. Many of the Commissioners remember Mr.
Eddie Diaz, he was instrumental as all of us were in trying to formulate what they needed to
find out from the public and other relevant agencies trying to get the feedback to begin this
process. On July 11, 2018 they attended the "Understanding the Housing Market Trends Forum
Event" where they brought together different representatives from the housing sector. On
August 23, 2018 was an Open House Event; the first of several. September 27, 2018 was their
presentation to a Wesley College class where they got some really good feedback from young
adults in the community. June 20, 2019 was the Historic District Workshop. Of course, we are
all aware of our City's beautiful historic character. On October 23, 2019 was another Open
House Event and the following day, October 24, 2019 was a Visitation Event at City Hall.
Throughout their time, they have been working on the process of updating the plan. They
formulated several drafts. There was the Preliminary DRAFT of the Land Development Plan
Map Series, the Preliminary DRAFT of the Annexation Plan Map Series, DRAFT #2A Goals
and Recommendations, and the Preliminary DRAFT of Chapter 15 Implementation Plan. All
of these were pulled out as key components of areas that they really needed to focus on to
finalize the Plan. On August 24, 2019 they released the Staff Draft, and this was really with all
of the other City Agencies that were so instrumental in working with us and coordinating our
efforts to get this Plan written. They wanted to share with them and really get their okay that
they were satisfied with any parts of the Plan relevant to their field of work. On October 1,
2019 they released a First DRAFT of the Documents and Maps. Then on December 2, 2019
they released the Final DRAFT of the Documents and Maps and that is what they have shared
with the Commission for discussion this evening.
b) Preliminary Land Use Services (PLUS) Review by State agencies: Letter of November 8,
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2019
Mr. Hugg stated that throughout this whole process the various drafts and various versions
have been available on our website and available to the public. They have been made widely
available to people to look at, comment on and have input. One of the key steps in the process
of putting together a Plan is something called the Preliminary Land Use Services. It is a State
process where the Office of State Planning Coordination and various State agencies are
provided both an informal and a formal opportunity to comment on various drafts of the
Planning document. Although it isn't on the list, very early in the process they went to the State
submitted the 2008-2009 Plan to them and essentially said tell us what you think of it so that
we have a starting point for any issues that the State might have. Then they had multiple
discussions with State Agencies throughout the entire plan development process. In order to
meet our approval deadlines, they had an October 1, 2019 filing deadline. This essentially sent
the Release Draft to the PLUS Process. They had a meeting with the State Agencies to discuss
the document and give them an overview of sort of where we were. On November 8, 2019 they
received a comment letter back, a formal response from the State, identifying both technical
and grammatical issues as well as potential certification issues that might result in the Plan
ultimately not being approved. One of the things that they provided to Planning Commission
in their packets is a chart that says PLUS Comments. That is our official response back to the
State and what that did was respond to every comment that every State Agency raised during
the course of this process. Some are certification issues which mean that they have to be
addressed before the State could consider certifying and approving the Plan. Some are
comments like you should go back and create a couple of new maps; or some of what you are
trying to explain isn't necessarily clear. They were a couple of cases where they pointed out
topics that they could elaborate a little bit on and at least in one case a suggestion from DelDOT
that they had used some data and text that even they weren't so sure was appropriate; that it
was more confusing than it was informative so we actually took some things out of the Plan as
a result of the State review. As you look through that section you can see what the comment
was, what we did and then importantly where in the document they responded and what our
response was.
The FINAL DRAFT Plan is again at the Office of State Planning with this Chart. They are
hoping that the revisions that they made, the charting of the changes and the other materials
that they supplied allow them to ultimately certify the Plan. He would like to have Mrs.
Melson-Williams walk everyone through the key components of the Plan and at least give
some background on where we are and then they will certainly address any questions or
concerns that you might have. We do have six items/questions that have been brought forward
by various property owners that the Commission will need to deal with tonight.
c) Review of FINAL DRAFT 2019 Comprehensive Plan
Mrs. Melson-Williams stated that with the review of the FINAL DRAFT of the Comprehensive
Plan, this is what they would call the formal review and adoption process. That of course starts
with the issuance of the FINAL DRAFT and that is the document dated December 3, 2019. It's
the text portion as well as the entire Map Series. From a review process standpoint, a public hearing
and review must occur with the Planning Commission and then a review and public hearing has
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been scheduled with City Council for their January 13, 2020 meeting. Focusing on the introduction
to the Plan itself and the key pieces, there is the Plan Document and a series of maps. There are
Goals and Recommendations. The Land Development Plan Map focuses really on land use and
has a text and map component, likewise with the Annexation Plan Maps and then ultimately the
Implementation Plan.
i) Plan and Map Series Format
Mrs. Melson-Williams stated that starting with the Table of Contents, there are a total of fifteen
chapters. The beginning is an introduction and then we move into some data rich chapters in
Chapters 2 and 3 that talk about things like population and applications over the last few years.
Chapter 4 is where we have to present information on how the citizens participated in the process.
Chapters 5 through 11 are really the meat of the document focusing on very specific topic areas.
Chapter 12 is the Land Development Plan. Growth and Annexation is Chapter 13. In Chapter 14,
they have to report on intergovernmental coordination and that's basically with our adjacent
neighboring jurisdictions like the County and nearby municipalities as well as their interaction
with State Agencies. Chapter 15 is ultimately the Implementation Plan, so moving forward what
happens. That is the text side of things and the next side is the list of maps. There are a significant
number of maps. Some chapters have multiple maps associated with them and the text references
the maps. The beginning is with things like where is Dover with a location map. They move into
information on existing land use, natural features and historic resources. Continuing onto the next
list of maps, this is where there are a number of maps now included as part of the Transportation
Chapter that focus on things like streets and their functional classification as well as things like
byways and then concerns where if improvements aren't made, then there are low levels of service
issues perhaps. There is also information about our Downtown Area and where in the City there
are low- and moderate-income areas. Perhaps the most significant map series in the document is
the Land Development Plan Map and then the Annexation Maps as well. For Chapters of 5-11,
there were Planning Staff members assigned to each chapter and they kind of became the experts
in the topic areas ranging from things like natural resources. The Historic Preservation Chapter
actually had some grant assistance in writing that chapter dedicated to Staff time. Other chapters
are titled Transportation, Economic Development, Community Services and Facilities which really
focuses on other City Services that the City provides, where Utilities has its own chapter as Chapter
7 for Water, Sewer, Stormwater and Electric.
ii) Goals and Recommendations
Mrs. Melson-Williams stated that a number of the chapters have chapter goals so even up front in
Chapter 1 as they wrap up the introduction to the Plan, they present the quick summary chart of
the chapter goals. So, each chapter is identified and then has series of four or five goals for that
specific topic area. For example, at the end of Chapter 5 there is a section that lists the goals. Each
goal has a series of recommendations and then the bullet points are the action items to then strive
to meet those recommendations and ultimately the goals. This is the format that was utilized for
those topic chapters.
iii) Land Development Plan Map
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Mrs. Melson-Williams stated that this really has two components and they have to be utilized
together. Chapter 12 is considered the Land Development Plan and the key element of the chapter
goes through talking about each of the land use categories and then the Land Use Matrix that is at
the end of Chapter 12. This takes each of the land use categories that are identified and then lists
the corresponding zoning districts that are appropriate for those land use categories. This is key in
that this chart is utilized for any future Rezonings and will actually be a key element in dealing
with a Comprehensive Rezoning which is one of the Implementation Plan steps. With the Land
Development Plan Map and there is also the Map Series, as presented on the screen is the overall
city view, it is the really colorful map. Each Land Use Category is identified by color. The range
of yellows for example are residential areas; green is open space areas. There are shadings of red
that identify our commercial areas and that is actually one of the changes in this Comprehensive
Plan. In our commercial areas, they've identified a Commercial - Low Intensity, a Commercial -
High Intensity, and then a Commercial - Entertainment Land Use Category so that is something
new for this 2019 Plan. We have areas that are Mixed Use that are a light purple color. Also, areas
of Public Utilities have been separated out in a dark purple color from what are Institutional areas
which are blue and then in Industrial areas which are gray. The royal blue color is the Dover Air
Force Base. We have the overall City Map and then for better readability we developed what are
really quadrant maps which takes this map, chops it up and focuses in on areas across the City so
that it is quadrant based. There is one that focuses right in the Downtown because it ended up on
the comers of four maps. One of the suggestions that the PLUS Process gave was to show them a
map that just focuses on the Downtown area; so, they did that.
iv) Annexation Plan Maps
Mrs. Melson-Williams stated that this is Chapter 13 which is the Growth and Annexation Chapter.
The text has to describe what the City's approach to Annexation is and for them, they have divided
Annexation areas into three categories. Category 1 which is their High Priority Annexation Area
is the darkest green. That is basically areas that are pretty much surrounded by the City otherwise
known as "enclaves." Category 2 areas are a Priority Annexation Area. These areas are perhaps
on the outskirts of the City, but they make sense to round off boundaries and make boundaries a
little easier to read and understand in the landscape. Category 3 is kind of the Long Term
Annexation Areas. These areas may require ultimately more properties to come into the City before
they can even be considered contiguous. They also are areas where it makes sense to create as a
boundary for the City. For example, in the south, the Isaacs Branch is kind of a dividing line
between us and the Town of Camden. There is a light green color that mean Areas of Concern.
They are marked as Areas of Concern because they may be a concern of our jurisdiction as well
as another jurisdiction. An example is some of the lands in the area of Wyoming Mill Road where
there is concern with the Town of Wyoming and what their expansion may be versus what the City
of Dover's future expansion may be. There are also a number of areas to the east of State Route 1
where the City is not looking to expand but we have concerns about what happens on our borders.
So, this is a way to make that known.
The second map that is associated with Annexation is a Land Use Map. So using the same land
use categories that we used for areas within the City, we have to identify for the Category 1 and
Category 2 areas, what the potential land uses would be for those to help with future zoning
selections should these areas become part of the City. It was done for Category 1 and Category 2
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areas. Those are the areas that are most likely or most potentially available for annexation into the
City. They did not identify land use for any locations that were identified as Category 3 or Areas
of Concern. If annexation was anticipated or confirmed eligible for one of those areas, they would
need to move through a Comprehensive Plan Amendment to focus on what the appropriate land
uses should be in those areas before they could be annexed. Those were envisioned as Long Term
Annexation Areas and they did not necessarily want to predict what their future activity would be
at this point.
v) Implementation Plan
Mrs. Melson-Williams stated that the last key piece of the Comprehensive Plan is Implementation
Plan Chapter; this is Chapter 15. It does not have an accompanying map, so you have to read the
text. It takes the Goals and Recommendations and the series of action items that are part of those
Goals and divides them up into a work plan. This is a work plan that is not just for the Planning
Office; it is for the City as a whole. That means other departments would likely be involved in
some of these items. What it does is first identifies Immediate Actions. Immediate Actions would
be adoption of the Comprehensive Plan and getting it certified and then they have to move into
what would be a Comprehensive Rezoning Project. There are a number of things that they have
identified as just Ongoing Activities that are not specifically tied down to one timeframe or
another, but the City is probably working on a more constant basis. Then they have divided the
other items into what are called Short Term, Intermediate Term, and Long Term Implementation.
That focuses on the years up to 2025 and beyond. What it does in each of these areas is identifies
things by project, studies, Code amendments, and other activities. It does focus in on chapter by
chapter so you can easily go back and reference some more detailed information on those items.
With the Plan as noted, has been out for public review since early October 2019. The differences
between the October DRAFT and the FINAL DRAFT are really a lot of housekeeping type things,
proofreading, data correction, name correction, and then focusing on the PLUS Review comments.
Over the time period that they have been dealing with the Comprehensive Plan, there are a number
of specific requests that have come in and Staff has tracked those. We have six of them and Mr.
Hugg is actually going to take us through those. For the Planning Commissioners, we are going to
do a combination of presenting each Request to you and then also conducting the public hearing
on that individual Request. Once we have dispensed with those, they wi ll come back to the overall
Plan to address it.
d) Review of Comprehensive Plan Requests:
e) Public Hearing on Comprehensive Plan Requests:
Mr. Hugg stated that obviously in an undertaking of this nature with as much detail and all that
they have been through, there will be certain situations and certain Requests that come from
property owners requesting a particular consideration of their property or a group of properties that
will need to ultimately be determined as the Plan is finally adopted. We received six formal
Requests that were not otherwise resolved and are before you tonight. As Mrs. Melson-Williams
said, we are going to take them individually and conduct a public hearing and then at the end have
the Commission make a recommendation regarding each one. We may not have representatives
for a couple of them here, but they will at least introduce them. He will give the quick version of
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the application and then give Staffs Recommendation and then we can open to a public hearing.
i) Request #1: 5.0-acre parcel on north side of Route 8/Forrest Avenue
Representatives: Mr. John Paradee, Baird Mandalas Brockstedt
Mr. Hugg stated that this Request is to change the land use classification from Residential Medium
Density to either Mixed Use or Commercial Use for a 5.0-acre parcel on the north side of Route 8
on Forrest Avenue. This is a Request from Draper Farms, LLC via the attorney John Paradee. The
Request dates back to August 20, 2018. In the letter, it asks about the particular piece of property
which is on the north side of Route 8 west of Mifflin Road to be shown on the Land Development
Plan as a Mixed Use or a potential Commercial use. The DRAFT Plan shows it as a Low Density
Residential Use.
From the letter written by Staff back to Mr. Paradee: "In your letter dated August 20, 2018 you
had requested that land use classification category for the parcel (identified by number) be changed
from Residential Medium Density to Commercial in the Land Development Plan Chapter 12 Map
Series 12-1. The FINAL DRAFT will reflect the recommendations of Planning Staff regarding
your request in reference to Map 12-1 C."
"Planning Staff is not recommending your Request finding that the character and the existing use
of the immediate area of the subject parcel is residential and there is an extensive commercial
corridor further east on Route 8 to the east of Mifflin Road. The section of Route 8 Corridor is a
residential area and with nearby institutional uses (this area is across from the high school and
immediately east of two church locations) are a transition from the rural areas west of Dover to
the commercial areas and center core of Dover. The land use classification as Residential Medium
Density allows for a series of residential zoning districts with a variety of housing types and it also
allows consideration of the C-1 Neighborhood Zone where smaller scale commercial activity is
permitted. The smaller scale commercial activity is likely a more compatible fit given the traffic
concerns along the overall Corridor, the availability of bike and pedestrian facilities and the
adjacent residential land uses."
Dr. Jones opened a public hearing.
Mr. Paradee stated that he wants to commend the Staff for their excellent work on the
Comprehensive Plan; it is a long and laborious process. He has been working with Staff on a
number of different properties along the way for almost two years it seems. You are very fortunate
to have an excellent Staff. He works in a lot of jurisdictions and the City of Dover is one of the
best and one of his favorites to work in. He wants to talk a little bit about the points that were
raised in his letter because what they are asking for here is not as dramatic as it might appear at
first blush. He doesn't believe that the difference between the Staff view of the matter and his
client's view of the matter is all that great. They would like to modify the request slightly. When
they first sent it in back in August 2018, it was a request that the Comp Plan designation be changed
from its current designation to either Commercial or Mixed Use. After conferring with his client
and speaking with Staff, they believe that Commercial would be asking for too much. All they are
really going to be asking for tonight and next month at City Council is for a designation of Mixed
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Use not Commercial. Having reviewed the DRAFT of the Comp Plan, he believes that Commercial
is in fact too much to ask. As Mr. Hugg indicated, the property is located directly across from the
new Dover High School and it is on a major arterial roadway which serves as the western gateway
to this City. It is also not very far from a lot of existing commercial uses. It is about 1,700 feet
from the intersection of Mifflin Road and Route 8. If you think about this particular area of the
City of Dover, it is a lot like Route 10 on the south side of Dover where he happens to live. He
lives in the Windswept Subdivision which was built in the early 1990's. When that subdivision
was built, there really wasn't a lot on Route 10 other than residences. They ultimately ended up
with a shopping center across the street. There are a couple fast-food restaurants as you get closer
to the Air Base but there wasn't anything on the north side of Route 10 until Wawa came along.
He doesn't know how many of the Commissioners remember that, but it was in the County and
still is in the County. Every one of his neighbors opposed it; they thought it would ruin the
neighborhood because as in this case, everything on that side of the street for as far as you could
see was residential. His neighbors knew that he was a lawyer and they asked if he would get
involved and try to help them fight it. Ultimately, the County approved it and now for every single
one of his neighbors it's the first place they stop on the way to work in the morning and it's the
last place they stop on their way home at night. The point simply is that it provides a very much
needed convenience to a residential neighborhood. If you think about the modern concept in
Planning as village development or neighborhood villages; that is what we are talking about here.
You can't simply build a City that has all of the commercial and retail in one part and all of the
residential on the outskirts. You need to have village or neighborhood areas where certain retail
conveniences are provided. What that does is it helps reduce vehicle trips and traffic throughout
the City because if you only have to travel a quarter of a mile to get milk, bread, gas or cigarettes
then that is less traffic that is going all the way across town. The concept of village development
is what we are suggesting here. You can look to your very own Comprehensive Plan to find the
justification for it. The existing Comprehensive Plan says that among its goals are the creation of
neighborhood centers and urban centers which the Plan recommends be established along major
roadways and feature mixed use development. The Comprehensive Plan also acknowledges that
Route 8 west of the railroad tracks has become a key commercial corridor for the City. That jobs
and commerce in the retail, wholesale and service sectors are an important part of Dover's vitality
and that commercial centers and corridors contribute to the City's overall image and positive
feeling of its residents. Finally, in regard to the Route 8 Corridor in particular, the existing
Comprehensive Plan recommends that "the area continue to develop as either commercial or
professional offices." You are also talking about long term, where is the City of Dover going to
grow? There is not a lot of room to the east because that area is environmentally sensitive. There
is not a lot of room to the south because you have Camden-Wyoming. There is not a whole lot of
room to the north other than on the highway because eventually you run into Smyrna. There is a
lot of room on the west and you think what is Dover going to look like 40, 50, 60 or 100 years
from now? Chances are that growth is going to be on the west side of town and you already have
a lot of residential development that has crept out that way over the years. He would respectfully
submit to you that those residents are going to need services. They are going to need groceries,
they are going to need gas, they are going to want some retail; the neighborhood conveniences that
he was talking about earlier and the village concept. He thinks that it would be unrealistic to simply
draw a line at Mifflin Road and say we are not going to allow anything other than residences west
of Mifflin Road. It is not good planning and it doesn't make sense in the long term. What they are
asking that you consider in this particular instance, is a small 5-acre piece of ground directly across
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from the High School that would be proposed for a Mixed Use development, not commercial. That
would allow a number of very limited commercial uses but only upon a Rezoning approval by City
Council. This body would not be deciding tonight what is going to happen at that property in the
future beyond a range of possibilities that the vision of the City can adjudge a later time when it's
appropriate. It is not this body's job tonight to say what is going to happen specifically, what type
of use specifically is going to happen at that property. You are looking at a broad range, a category.
There are specific types of zoning uses that permitted within those categories. What he is
respectfully submitting to you is that Mixed Use would be appropriate here. It would give you and
City Council the flexibility in the future to say upon application we might consider Rezoning this
to C-1, C-2 or C-2A and that is as high as you can go in Mixed Use. The more intensive commercial
uses are not the type of neighborhood village uses that you would want to see in an area where
there are a lot ofresidents; however, C-1, C-2 or C-2A are. They have an honest, professional and
respectful disagreement with the City about how far you can go here. He and Mr. Hugg have
worked together for a long time and he respects his opinion and he hopes that Mr. Hugg respects
his. They just think that Mixed Use here is appropriate given what your Comprehensive Plan has
said. If the City is desirous of growing west in the future, even if it is 30, 40 or 60 years from now
as part of that natural growth and expansion of the City's western boundaries, that continuing
growth and development on Route 8 at the western gateway is contemplated by the Comprehensive
Plan. They simply think that it would be a responsible thing to allow a neighborhood center under
Mixed Use to occur at this property.
Dr. Jones closed the public hearing.
Mr. Hartman questioned that if what Mr. Paradee is proposing is different from what is in Mr.
Hugg's letter because what that proposes does not include the C-2 or C-2A zones? Responding to
Mr. Hartman, Mr. Hugg stated that was correct. What they are showing on the Comprehensive
Plan at this moment, that land use designation includes C-1 but not C-2 or C-2A. As Mr. Paradee
indicated, it's kind of a matter of scale or intensity that the Planning Staff feels that Mifflin Road
is appropriate point for those higher intensity commercial uses to be east of Mifflin Road and if
this area were to accommodate commercial development that it be at the lowest intensity. This is
one of those challenges in land use where the distinctions between particular uses can get very fine
at times. Staff believes that with the neighborhood that is around it and the school across the street,
they would prefer that it remain at a lower intensity commercial.
Ms. Edwards questioned what types of commercial entities can be placed in a Mixed Use? What
is the worst-case scenario? Responding to Ms. Edwards, Mrs. Melson-Williams stated that she is
looking at the Matrix on Page 12-27 which is the Land Use Matrix. It gives the category for Mixed
Use and then the second column lists the potential zoning classifications that a property could upon
application, which is not what is happening here, seek to go to. It lists C-2 but this project wouldn't
be eligible for that given its location. It also lists C-2A, C-1, C-lA and a number of residential
zones from R-8 through RG-4. It does allow for the consideration of a C-3 which is a Service
Commercial zone and then CPO (Commercial Professional Office Zone) and then IO (Institutional
and Office Zone). Most of these commercial zones are going to allow for the mix of typical
commercial uses whether that is a restaurant, personal service establishment, other service
establishments, or the office use. Depending on the commercial zone that you seek, there are in
some cases prohibitions. Some of the commercial zones prohibit things like gas pumps. For
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example, in the C-1 there is a size limitation on the establishment. While the Mixed Use category
allows for a variety of zoning districts ranging from commercial to more office oriented to
residential, the specific zone is where the details of any particular use would be evaluated. That's
where a Rezoning application would really delve into. Action tonight would not lock them into
any particular zoning classification; it gives a list of opportunity and even with that, they can't lock
them into one use or another. Mr. Paradee's request to go to a Mixed Use category does allow for
a mix of zoning districts. What the Comprehensive Plan FINAL DRAFT is showing is this
property as Residential Medium Density which has much more of a residential focus and does
allow for C-1 as the only commercial option.
Ms. Edwards moved to recommend approval to City Council for Request #1 Draper Farms, LLC
property as submitted as Mixed Use, seconded by Mrs. Welsh and the motion was carried 5-2 by
roll call vote with Mr. Adams and Mr. Roach absent. Ms. Edwards voting yes; she agrees with Mr.
Paradee 's reasoning in that with the limited amount of commercial businesses that can be placed
there it would be a good transition at the gateway of the City. Mr. Hartman voting no,· with his
limited experience he has to go with the recommendation ofthe Planning Office to have this remain
as Residential Medium Density. Mr. Baldwin voting yes; since the proposal was changed to just
Mixed Use and not Commercial. Mr. Tolbert voting yes. Mrs. Welsh voting yes. Ms. Maucher
voting no; based on Staff recommendations as well as the location of the property right across
from the High School and the large number of students and residential areas around that area.
Dr. Jones voting yes; she buys into the concept of the village development.
ii) Request #2: 1436 New Burton Road
Representative: None
Mr. Hugg stated that this is a Request from Mr. G. Michael Glick on behalf of Lighthouse
Construction. It relates to the parcel ofland at the southern end of the POW-MIA Parkway adjacent
to the railroad. The proposed Land Development Plan identifies this piece of property for Industrial
Uses. Mr. Glick has requested that the designation be changed to Commercial to provide for
development of this tract of land fitting the present future land uses by the government sector,
business and professional sector and medical sector and to classify it to Commercial. Staff has
reviewed the Request and the Staff recommendation is as follows: "Planning Staff is not
recommending your Request finding that the location of the subject parcel between the POW-MIA
Parkway and the railroad corridor has transportation advantages for its development. The location
is isolated from residential development limiting its potential for targeted retail or service
commercial activities. This location is more appropriate for uses that can take advantage of the
proximity to major road and/or rail frontage and access. In its current zoning classification of IPM
(Industrial Park Manufacturing Zone), the opportunity exists for industrial type activities like
manufacturing as well as for office park or other employment center type development needing
road and/or rail access to meet the economic development goals of the plan."
Dr. Jones opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mrs. Welsh moved to recommend approval to City Council for Request #2 143 6 New Burton Road
as recommended by Staff to have the property retain the land use category ofIndustrial, seconded
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by Mr. Tolbert and the motion was carried 7-0 by roll call vote with Mr. Adams and Mr. Roach
absent. Mrs. Welsh voting yes; for reasons stated. Ms. Maucher voting yes; based on Staff
recommendations. Ms. Edwards voting yes; based on Staff recommendations. Mr. Hartman voting
yes,· in order to try to meet the economic development goals in the Comprehensive Plan. Mr.
Baldwin voting yes; based on Staff recommendations. Mr. Tolbert voting yes. Dr. Jones voting yes.
iii) Request #3: 1.81-acre parcel on north side of White Oak Road
Representative: Mr. John Paradee, Baird Mandalas Brockstedt; Mr. Bill Harmon, Jr
Mr. Hugg stated that this is a Request to change from the designation on the Land Development
Plan of Agricultural to Commercial for a 1.81-acre parcel on the north side of White Oak Road
adjacent to State Route 1. The Land Development Plan shows the land use category as Open Space
Conservation and Recreation. The Request is from Mr. William Hannon with Harmon Brothers,
LLC by a letter dated September 22, 2018. The Request is to change the designation to
Commercial. The applicant owns adjacent parcels whose current zoning is C-2A and they wish to
have all of their parcels in the same category. The Planning Staff is not recommending that Request
finding that the location and environmental and natural features of the subject parcel limit
development. Direct access to the parcel is limited by land elevation and the type of the adjacent
roadway elevation difference of White Oak Road and State Route 1 as a limited access highway.
Environmental sensitivity concerns include existing woodland areas, impacts of a Special Flood
Hazard Zone (100-year Flood Plain), and potential for wetlands. The Land Use category
classification of Open Space, Conservation and Recreation, they believe is more appropriate to
preserve the natural environment that is found here.
Dr. Jones opened a public hearing.
Mr. Paradee stated that he is speaking on behalf of Harmon Brothers, LLC and Mr. Harmon, Jr. is
passing out a handout that they would like to share with the Commission. This is more of a
housekeeping application because at the time that they submitted this Request last September there
was a possibility that they may be able to use some of this acreage as part of a development of the
balance of the property. They have since found out that that is not likely or possible at all. This
property has been approved for a Site Plan which is the second page in the packet that you have.
They have preliminary approval for apartment units on the western side of the property
immediately adjacent to White Oak Road. The parcel that is in question tonight has been the
subject of a Flood Plain Map Amendment and prior to that amendment there was a lot more of the
frontage of this parcel that was potentially usable. They have since found out that the Map
Amendment makes this property almost entirely in the Flood Plain and there are wetlands on it of
course. As a practical matter, they are never going to be able to do anything with this property no
matter how you zone it but as a housekeeping matter, they think it makes sense to have all four of
these properties zoned the same because it at least eliminates the disagreement or the risk that
someone could say you can't have an open space or recreational use on an agricultural piece that
serves a Site Plan Development on a commercial piece. There is an inherent conflict in that.
Frankly, it probably doesn't matter much but they would just like to have all four pieces zoned the
same because it is all part of one Site Plan application. Notwithstanding the fact that they won't
be able to do anything with this piece because it is in the Flood Plain. He is going to ask Mr.
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Harmon to give a little bit more information.
Mr. Harmon stated that he works for Harmon Brothers, LLC. His family has owned this property
since 1990 and you notice the three adjacent parcels are zoned C-2A. They have worked with the
Planning Commission and City Council to reach an approved Preliminary Site Plan for residential
on those areas. One of the things that they are looking to have is flexibility in terms of open space
use and juggling parking. One of the things that they haven't decided yet is what type or form the
open space or recreational would take. There is a need in the City for over-55 housing but there is
also the need for families to have housing as well. If we have an over-55 development, certainly
the type of recreational or open space amenities that they would have would be very different. It
would probably be an enclosed building rather than an outdoor playground based on the tenants.
They are asking for this to be uniform and they think that there might be some added benefits of
being flexible where they can maybe move some parking to different places. The entirety of this
parcel is not fully covered by either wetlands or Flood Plain. The wetlands are a little more to the
northwest and that is only a small portion. It is more of a Flood Plain issue. They would appreciate
any sort of consideration that the Commission can take in regards to keeping these parcels uniform
and allowing them some flexibility in the future. Again, they really can't do much in terms of
putting a ton of impervious surfaces on the property and they would pledge to use this land
responsibly.
Dr. Jones closed the public hearing.
Mr. Tolbert moved to defer a motion on Request #3: 1.81-acre parcel on north side of White Oak
Road due to the unsureness of the applicant and he would suggest that they workfurther with Staff
to come up with a more conclusive agreement about what should be done with the property that is
being discussed.
The motion was not seconded so motion failed.
Ms. Maucher moved to recommend approval to City Council for Request #3: 1.81-acre parcel on
north side of White Oak Road to change the zoning from Agricultural to Commercial, seconded
by Mrs. Welsh.
Staff asked what level of Commercial Land Use Classification that the motion maker is seeking,
reminding that the Commercial Land Use Categories include: Commercial - Low Intensity,
Commercial - High Intensity and Commercial - Entertainment.
Ms. Maucher stated that she would clarify that it would be consistent with the adjacent properties
so that would be C-2A. Responding to Ms. Maucher, Mrs. Melson-Williams stated that the land
use category for the adjacent properties is the Commercial - Low Intensity.
The motion was carried 6-1 by roll call vote with Mr. Adams and Mr. Roach absent. Ms. Maucher
voting yes; she had some concerns the initial application for the other properties and she thinks
that this will allow them to make some benefits and they fully recognize the limitations on the
property. Ms. Edwards voting yes,· based on the fact that the property is primarily in the Flood
Plain and there are some wetlands on the property and there is limited use of the property. Mr.
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Hartman voting yes. Mr. Baldwin voting yes. Mr. Tolbert voting no; consistent with his thoughts.
Mrs. Welsh voting yes; based on the fact that the applicant has clarified their intentions and their
understanding of the limitations of the property and she can see why it would be beneficial to have
everything categorized in the same classification. Dr. Jones voting yes; for reasons previously
stated.
iv) Request #4: Various properties owned by Mt. Zion AME Church in Downtown Dover
Representatives: Mr. John Paradee, Baird Mandalas Brockstedt; Reverend Dr. Erica Crawford, Mt.
Zion AME Church
Dr. Jones recused herselffrom this application because she is a member of the church.
Mr. Tolbert recused himselffrom this application because he is a member of the church.
Mrs. Me]son-Williams stated that Vice-Chair Ms. Maucher would need to be the Acting
Chairperson.
Mr. Hugg stated this Request comes to us on behalf of Mt. Zion AME Church in Downtown Dover.
It involves thirteen parcels, eleven of which are currently designated and zoned for Residential
Medium Density Use and two of which are currently Mixed Use. The Church recognizes the goals
of the Comprehensive Plan to revitalize Downtown Dover. The Church has indicated that their long
term vision for future use and development of their properties is to extend the vision of Mr. Richard
Allen to develop their properties for Institutional Uses such as worship space, classroom facilities,
parsonage or other uses which basically benefit the neighborhood. This is a somewhat complicated
request in part because the Church's properties are not necessarily all in one block there. They are
scattered across a couple of individual blocks and as a matter of normal practice, they try to avoid
creating situations where non-contiguous or scattered properties are independently zoned different
from their neighbor or what looks like kind of a hodgepodge of uses. Staffs recommendation states:
"The Request would be for land use classification of the properties to be changed to Institutional in
the Land Development Plan. This would be for all thirteen properties so eleven of them would go
from Residential and a current Mixed Use classification. Planning Staff is not recommending
approval of your Request but instead has made an alternative recommendation; please see Map 12-
lF Land Development Plan. While we are sympathetic to the desires that the Church as set forth in
your letter, the Planning Staff does not support making changes to scattered parcels within this larger
neighborhood. The Land Development Plan reflects the designation of three blocks including these
parcels and properties owned by others as Mixed Use. This land use classification allows for
institutional and office uses as desired by Mt. Zion AME Church as well as a variety of residential
and commercial activities better meeting the opportunities for revitalization, renewal and
redevelopment of this portion of the City." He would add that the blocks immediately south of these
areas are in fact designated for mixed use and he thinks that Staffs position is that by putting a
Mixed Use designation on the area they create many more opportunities for both AME Church and
other property owners to request uses of properties in some cases that might not necessarily
otherwise meet minimum requirements for a particular zoning classification and then would also
allow for some consolidations of properties for a variety of uses.
Ms. Maucher opened the public hearing.
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Mr. Paradee stated that he commends Mr. Hugg for recognizing what the Church is asking for
because it is actually what Mr. Hugg has recommended. He has an opportunity to discuss this with
Mr. Hugg and he did not realize it at the time of the request that everything that the Church wants to
do can be done in Mixed Use as opposed to Institutional/Office which would potentially have some
other bad things. As his letter indicates, this is part of the Downtown Dover Target Area. It is in the
same neighborhood as Wesley College and some other institutions ofleaming and worship. What
the Church would like to do is ultimately develop a campus for a sort of comprehensive unified
approach to worship which might include additional congregational space, perhaps reception areas,
maybe a parsonage or some other residential uses. Mr. Hugg is very wise; he recognized that Mixed
Use would do very nicely. They agree 100% with the Staff recommendation and ask that you give
it favorable consideration.
Reverend Dr. Erica Crawford - Mt. Zion AME Church Dover, DE 19901
Reverend Crawford stated that Mt. Zion AME Church has been a staple in the Dover community for
146 years in the Downtown Dover area. They have been asked by the City repeatedly to do
something with our parcels of land to develop it but based on the fact that is has all been residential,
it has not been developable for the Church. So, they are seeking your favor that as they try to meet
the request of the City to do something other than cut the grass that you will grant our Request.
Mr. David Anderson - 217 Cecil Street Dover, DE 19901
Mr. Anderson stated that he has no comments on the issue because it is not his place to make any
comments because he has that opportunity at another time. Will the Mixed Use be just for these
properties or does that affect other properties in the area? Responding to Mr. Anderson, Mr. Hugg
stated that the designation is basically three full blocks. It is the AME Church properties as well as
all of the others that fall in that extended area; so, it is a broader designation.
Ms. Maucher closed the public hearing.
Mrs. Welsh moved to recommend to City Council approval ofRequest #4: Various properties owned
by Mt. Zion AME Church in Downtown Dover following Staff recommendations ofItems 4A through
4K to change the category to Mixed Use and to retain the current Mixed Use designation for 4L and
4M, seconded by Mr. Baldwin and the motion was carried 5-0 by roll call vote with Mr. Adams and
Mr. Roach absent and Dr. Jones and Mr. Tolbert recused. Mrs. Welsh voting yes; for reasons
annotated in the Request. Ms. Edwards voting yes; the applicant and the City are in agreement. Mr.
Hartman voting yes; because the City and the applicant are in agreement. Mr. Baldwin voting yes;
based on Staff's recommendations. Ms. Maucher voting yes; for the reasons previously mentioned.
Dr. Jones and Mr. Tolbert returned to the meeting. And Dr. Jones resumed the activities as Chair.
v) Request #5: Lands of Dover Motorsports, Inc./Dover International Speedway
Representatives: None
Mr. Hugg stated that this Request involves a number of parcels. The Request was submitted by
Dover Motorsports, Inc under a letter from October 5, 2018 as a request to preserve the Commercial
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designation of Dover International Speedway property or properties. The letter is from Mr. Dennis
McGlynn, President and CEO of Dover Motorsports, Inc. They feel that it is very important to
preserve the Commercial designation of Dover International Speedway's property. Firefly Music
Festival and NASCAR provides significant economic impact to the region and they do so by making
significant investments in the events themselves and on the property through construction activities.
Without the assurance and confidence that Commercial designations will remain intact, it will be
difficult for Dover International Speedway and Firefly to make future investments in Firefly like
events and activities. For the record, Staff worked closely with Dover Motorsports and Dover
International Speedway to create a new zoning (land use) classification which appears on the Land
Development Map as a dark red and it's called Commercial - Entertainment. The idea was to more
formally recognize the fact that those properties are not just your standard commercial properties
that would otherwise be designated in a commercial zoning district. Staffs recommendation states:
"Planning Staff has worked diligently to craft a land use classification of Commercial -
Entertainment that recognizes the unique nature of the Dover International Speedway properties.
This designation focuses on entertainment, indoor and outdoor recreations, supports gaming and
similar uses where retail activities are secondary to the primary purpose."
They supplied that language to them and Mr. McGlynn's letter goes on to say that "Staff had
requested that they (the speedway) provide language that could be added into the 2019
Comprehensive Plan that would identify their unique use. The references that you provided from the
current Comprehensive Plan seemed more than adequate and is difficult to imagine any
enhancements.
Dr. Jones opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Maucher questioned just to verify that Dover Downs is agreeable to the Staff recommendation.
Responding to Ms. Maucher, Mr. Hugg stated yes, Dover Downs is agreeable to Staffs alternative
recommendation which was to create the Commercial - Entertainment category with its specific
focus on those kinds of activities.
Ms. Maucher moved to recommend approval to City Council for Request #5: Lands of Dover
Motorsports, Inc./Dover International Speedway for the alternative recommendation made by Staff
to create a Commercial - Entertainment category, seconded by Mr. Tolbert and the motion was
carried 7-0 with Mr. Adams and Mr. Roach absent. Ms. Maucher voting yes; based on Staff
recommendations and the agreement from Dover Downs. Ms. Edwards voting yes; based on
comments previously made. Mr. Hartman voting yes; based on Staff recommendations and their
hard work with the Speedway. Mr. Baldwin voting yes. Mr. Tolbert voting yes. Mrs. Welsh voting
yes,· due to the fact that the City Planners and the applicant both concur with this new classification.
Dr. Jones voting yes; for reasons previously stated.
vi) Request #6: Designation of Employment Center in vicinity of Kent County AeroPark
Representatives: None
Mr. Hugg stated that this is a Request relating to the Annexation Plan. It was a Request submitted
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by Kent County Levy Court. It is a Request to include lands north and west of the Kent County
AeroPark for potential annexation. These lands are identified for a potential employment center
development in the 2018 Kent County Comprehensive Plan. The letter was sent on behalf of Levy
Court by Michael Petit de Mange, the County Administrator on January 25, 2019. Staff agrees and
recommends the approval of this request. The recently adopted and certified the 2018 Kent County
Comprehensive Plan identifies the land area north and west of the AeroPark for potential
employment center development. The County Plan recommends that Master Plans be developed
for such employment center in advance of any land use changes.
Staffs response to the applicant states: "They are writing to request that the City consider an
amendment to the current Annexation Areas Map. A component of the Comprehensive Plan is to
identify lands north and west of the AeroPark for potential annexation to accommodate business
park expansion." The letter indicates that Planning Staff concurs with their request.
The reason that this is an issue is that this is outside of the normal or expected growth zone on the
east side of Route 13 and Route 1. It involves changes to both the County Plan which they made
and changes to our initial philosophy. It's probably one of the two or three major changes in the
2019 Comprehensive Plan versus 2008 Comprehensive Plan.
Dr. Jones opened the public hearing and after seeing no one wishing to speak, closed the public
hearing.
Ms. Edwards moved to recommend approval to City Council for Request #6: Designation of
Employment Center in vicinity of Kent County AeroPark as submitted, seconded by Mrs. Welsh
and the motion was carried 7-0 with Mr. Adams and Mr. Roach absent. Ms. Edwards voting yes,·
based on the fact that Staff concurs with the Request. Mr. Hartman voting yes; to support the
County and the creation of an employment center. Mr. Baldwin voting yes; based on Staff's
recommendation. Mr. Tolbert voting yes. Mrs. Welsh voting yes,· in concurrence with Staff's
recommendations. Ms. Maucher voting yes; based on Staff recommendations. Dr. Jones voting
yes,· based on Staff's recommendation.
f) Public Hearing on Comprehensive Plan
g) Discussion
h) Action by Planning Commission
Mr. Hugg stated that it is his privilege to ask the Commission to take action recommending to the
City Council the 2019 Comprehensive Plan for the City of Dover with this amendments and
corrections as presented.
Dr. Jones opened the public hearing.
Ms. Kathleen Doyle - 500 North State Street Dover, DE 19901
Ms. Doyle stated that she hasn't looked at the FINAL DRAFT. The last time that she read the Plan
was in October but her two main areas of interest these days are the components that deal with
watershed quality as well as improving air quality. She feels like she had to really do a scavenger
hunt to try to find the specifics that are in the Plan for both of those items. For example, for air
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quality, there is no mention of trees anywhere. Towards the end of the document there is something
about ongoing activities. The more trees, the better the air quality. The City has recently taken
down forty trees in town and she is not sure what the plan is to replace those trees. She knows that
it does say somewhere that there will be ongoing efforts with updating the Tree Planting and
Preservation Ordinance. For watersheds, there has been a lot of great things done along the St.
Jones River, Silver Lake and Mirror Lake over the last ten or fifteen years with planting a lot of
great trees and native plants but then the City allowed those items to not be managed well. About
six months ago or less, they just sprayed everything and now everything is kind of dead along the
North State Street Bridge, along parts of Silver Lake, and parts of Mirror Lake. The
accomplishments that are listed in Comprehensive Plan say that we have updated the Tree Planting
and Preservation Ordinance and developed a buffer along St. Jones, Silver Lake and completed
remediation activities at Mirror Lake. Those are accomplishments and then they are not mentioned
again for the next ten years and yet trees have been taken down and vegetation has been destroyed.
She is concerned about those things. She is hoping that there are some specific actionable items
that are going to happen and that it's not just saying that we have added to these Ordinances.
Mrs. Melson-Williams stated that Chapter 5 is the chapter of the Plan that deals with Natural
Resources and Environmental Protection. There are goals there. An overarching goal of protecting
the natural environment and there is also an overarching goal of improving air quality. For the
Planning Commissioners, she is reading from Pages 5-15 and 5-16. There are a number of
Recommendations that focus efforts in those areas. The Comprehensive Plan does list some action
items, but it may not be as detail specific as what Ms. Doyle is looking for. Yes, in the past there
have been amendments to our Tree Planting regulations. They clarified some of the how you
calculate it but as you all know ordinance writing is always ongoing and their Tree Planting and
Landscape elements of the Zoning Ordinance are probably likely items that we would focus on in
the future. If you look at some of the Implementation items, they are to continue to identify and
help protect those environmentally sensitive areas. One of the things that they do want to focus on
is looking at the City's Recommended Tree List. There are certainly efforts in recent years to focus
on more native plantings and updating their tree list is certainly one of those tasks. Air quality is a
little more elusive on the local level. A lot of the regulations are at the State or Federal level so
their partners with DNREC and others have enforcement mechanisms in that realm. Certainly, the
City is a caretaker of our park areas such as Silver Lake Park. There have been some changes in
the Department of Parks and Rec and with what Public Works also manages. She thinks that there
is at least some recognition of those caretaker activities that there needs to be a better focus on
those areas perhaps and that long-term management planning has been recognized in those areas
as well as other areas of City infrastructure Citywide. She thinks that there are certainly efforts in
this Plan to recognize that the caretaker responsibility in addition to the regulatory side of the City
as well.
Dr. Jones closed the public hearing seeing no one else wishing to speak.
Mr. Hartman stated that he has a quick list of housekeeping items that he saw. Pages 2-5 and 2-6:
TND, PND, SCHO are just listed and not spelled out and he had to look them up. Page 2-10 and
2-11: there are two tables labeled Table 10. On Page 3-7 with all of this data that is coming from
different organizations, Censuses and labor departments but on Table 3-5, you have Management
listed for 2014 as 220 and for 2024 as 150 and on another table, Management is listed with a much
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higher numbers. What is the discrepancy there? Responding to Mr. Hartman, Mr. Hugg stated that
these tables show Employment by Occupation and Employment Projections. You would think that
both coming from the Department of Labor that they would be consistent definitions but
unfortunately, they are not. They wrestled with rather or not they even wanted to include them or
not because in some cases he couldn't necessarily reconcile them, but they are the best information
that's available.
Mr. Hartman stated that on Page 12-1 it references the Comprehensive Zoning Map Amendment
Process and it references Article 10, Section 5.3 and it should be Article 10, Section 5.4. In Table
12-1 (they have looked at that table several times tonight), the table identifies the TND but not a
PND. Why is that? Responding to Mr. Hartman, Mrs. Melson-Williams stated that TND is actually
a zoning district. PND while it sounds like it's a zoning district it is not; it is more an application
process. That is why you do not find it listed in the Land Use Category Matrix.
Mr. Hartman stated that the over-pumping in the Columbian Aquaphor was something that he
noticed in the Report right away and when he reviewed the PLUS comments he sees that it was
the PLUS Process that actually prompted you to put that in the Comprehensive Plan. That is at the
Long Point Road well. He is not sure where that is because he couldn't find it on the map.
Responding to Mr. Hartman, Mrs. Melson-Williams stated that it is not a specific well that is
labeled on the map. The well locations are identified in a general sense, but it does not identify
which aquifer the specific one pumps from. There are a collection of wells that are in the vicinity
of Long Point Road.
Mr. Hartman stated that the Comprehensive Plan mentions a Report by the Delaware Geological
Survey and in that Survey, it talks about over-pumping of the Columbia through irrigation sources
and an electric generating station. In the Comprehensive Plan, you don't mention the electric
generation station. What generation station are they talking about in the Survey that they are
concerned about with over-pumping of the Columbia? Responding to Mr. Hartman, Mr. Lyon
stated that the electrical generation station is Calpine which is located at the Garrison Oak
Technical Park. Their concern is that they believe that the proximity of that power plant and the
proximity of the wells which are on the east side of town directly feed from those wells to the
generation plant but is not accurate. It is fed off of the Distribution System which gets its water
from various locations and it is all interconnected. We only have one pressure system.
Mr. Hartman stated that he recalls when that plant was first considered by the City, there was a
question about over-pumping of the Columbia Aquifer with saltwater intrusion into the aquifer
and partial destruction as the over pumping brings down the level of it and it can't really be brought
back. As a Planning Commission, shouldn't that be an action item for us to look at when something
comes into that location where the electric generation station is? Shouldn't the City look at their
water usage and at least the plan for it in some way? It appears to him that it should be an action
item in the Comprehensive Plan. This Plan is great; he has never looked at it from the point of
view as a Planning Commissioner and it's an excellent road map. But he would like you to address
the Columbia Aquifer and the industry out there. He knows that this is a sensitive point with the
City because it is one of your economic development areas, but if you could address how they are
supposed to approve Site Plans and development in that area with this specter of pumping dry the
Columbia Aquifer.
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Mrs. Melson-Williams stated that the comments about the over-pumping are in the Comprehensive
Plan in the text on Page 7-9 that talks about a general discussion about planning for utilities. While
it is not a specific item in the Goals and Recommendations, there are goals that are specifically
targeted. For example, Goal #1 is to proactively maintain existing infrastructure and expand
infrastructure when beneficial. So, one of those is relating to Utility plans. As Mr. Lyon indicated,
any one entity doesn't exactly get water from just one well because of how our system works. So,
she thinks that it is part of the overall charge of really the Department of Public Works in
addressing how we have an adequate water system. We are regulated related to our draw of water
and from where. Some of it is beyond the expertise of what the Planning Commission is charged
with; it's more on the side of how the Utility provider provides the water source under all of the
regulations that we are required to meet as a City.
Mr. Hartman stated that it is certainly something that the City should look at. Responding to Mr.
Hartman, Mr. Lyon stated that they do. There was a 1.5-million-gallon tank built for that specific
energy center as well as the interconnection at three different points to our distribution system.
They did water modeling and they modeled it as best as they could based on the information given
to us from that developer. Just to reiterate, we have requirements from DNREC at each one of our
well locations. We do not go beyond our Allocation Permits. The DGS Report says that there is
going to be over pumping but that is not just the City of Dover; that is all of the other people on
that side of Route 9.
Mr. Hartman questioned who in the City looks at the water allocation? Is it 60 million gallons a
year or something like that? Responding to Mr. Hartman, Mr. Lyon stated that Public Works looks
at the allocation and they have 11.59 million gallons per day divided by three different aquifers:
Columbia, Cheswold and Piney Point. They keep an eye on that and they have reports daily,
monthly and yearly that they have to give to DNREC.
Mr. Hartman questioned what the process is within the City if someone comes into that industrial
park and wants to use a lot of water? Will you just go to your water allocation of 600 million
gallons a year or will you look at other things like the Report from the Geological Survey about
over-pumping the aquifer? Responding to Mr. Hartman, Mr. Lyon stated that they look at the
demand that the client will be providing and then will calculate based on their water model. The
water doesn't come directly from each aquifer; it is kind of a melting pot from each one. They run
the model and if it works without diminishing our reserves and our fire protection then they
approve it. That is done through the DAC process. When the project comes through that is when
they review it before the Commission sees it and that's what they write in the Reports that go to
the Commission.
Mr. Hartman stated that in the Delaware Geological Survey Report it says the potential for over-
pumping will become more significant when an electric generating station served by the Long
Point Road well is expected to increase capacity and requires more water. Is that accurate?
Responding to Mr. Hartman, Mr. Lyon stated that he has not read that Report in a long time, but
the original intent of that energy station was to have two phases. The first phase was 2.3 million
gallons a day peak demand and the second phase was twice that. Throughout the amount of time
that it has been open, it has gone through various cycles of high demand and they haven't come
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close to that number. His guess is that DGS is looking at the worst-case scenario based on those
projections and running it through their modeling software and assuming that all of water is coming
from Columbia which is not accurate.
Mrs. Welsh moved to recommend approval to City Council for the 2019 Comprehensive Plan
FINAL DRAFT dated December 3, 2019: Planning for a Bigger Better Dover as presented in the
document and map series dated December 3, 2019 along with recommendations on the
Comprehensive Plan Requests #1-6, seconded by Ms. Maucher and the motion was carried 7-0
with Mr. Adams and Mr. Roach absent. Mrs. Welsh voting yes. Ms. Maucher voting yes; she thinks
that it is a wonderful work product and she appreciates all of the hard work that went into it by
Planning Staff Ms. Edwards voting yes; she does want to commend the Staff as she knows there
was a tremendous amount of time and energy invested in the Comprehensive Plan, so thank you.
Mr. Hartman voting yes; it is impressive work. Mr. Baldwin voting yes; it's a job well done. Mr.
Tolbert voting yes; the job was well done in a most professional manner. Dr. Jones voting yes,· for
the reasons previously stated.
Note: A Public Hearing before the City of Dover City Council on the 2019 Comprehensive Plan
has been scheduled for January 13, 2020 at 7:30 P.M., in the City Council Chambers of City Hall.
(Ordinance #2019-21)
Excerpt of Planning Commission Meeting Minutes December 16, 2019 Page 20 of 2oc=JPage 63
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D
Item #7.
EXHIBIT "C''
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D
Item #7.
Regular City Council Meeting Agenda
January 13, 2020 - 7:30 p.m.
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
Open Forum - 15 Minutes Prior to Official Meeting (7:15 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 by Bishop Thomas L. Holsey
Pledge of Allegiance Led by Councilman Cole
Adoption of Agenda
* Consent Agenda
Those items on the Council Agenda which are considered routine and non-controversial shall be
marked with an asterisk (*) 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.
* 1. Adoption of Minutes - Regular Council Meeting of December 9, 2019
2. Certificate of Congratulations - Dr. Wilma Mishoe
3. Selection of the Chief of Police
4. Public Hearing/Final Reading of Proposed Ordinance #2019-21
The First Reading of the Proposed Ordinance was accomplished during the Council meeting of
December 9, 2019. The ordinance is available at the entrance of the Council Chambers and on
the City's website at www.cityofdover.com under "Government."
A. Adoption of the 2019 City of Dover Comprehensive Plan
5. Resolution #2020-01 - Requesting the 150th General Assembly of the State of Delaware
to Continue Investment and Support of Wesley College as Intended by the Higher
Education Economic Development Fund
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Item #7.
_C_o_un
_c_i_l _A_..g.._
en_d_a_-_J_a_n_u_ary
..,.__1_3--',-_2_02_0_ _ _ __ __ __ _ _ _ _ _ _ _ _ _ _ _
Pa_,g"'-e_2D
* 6. Monthly Reports - November 2019
A. City Assessor's Report
B. City Council's Community Enhancement Fund Report
C. City Manager's Report
D. City Planner's Report
E. Controller/Treasurer's Budget Report
F. Fire Chief's Report
G. Police Chief's Report
* 7. Quarterly Review - Capital Investment Plan (CIP) (July, August, and September)
8. Contract Services for Library Management
(Staff Recommendation: Authorize the City Manager and her designees to enter into an
agreement for library management services with Library Systems & Services, LLC for an
amount not to exceed $200,000. The agreement will be for one year. Any extension of the
contract would require a full Request for Proposal process.)
9. Discharge of Bicycle and Pedestrian Subcommittee (Lindell)
10. Final Reading - Proposed Ordinance #2019-20
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting
of December 9, 2019. The ordinance is available at the entrance of the Council Chambers and
on the City's website at www.cityofdover.com under "Government."
A. Amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes,
Section 102-113 - Qualifications
11. City Manager's Announcements
12. Council Members' Announcements
13. Adjournment
/tm
S:IAGENDAS-MINUTES-PACKETS-PRESENT ATIO NS-ATT&EXH\Council-Agcndas\2020101-13-2020 Council Agenda-With Rcsolul ion.wpd
Executive Session Pursuant to:
29 Del. C. § I 0004(b )(2) - Preliminary discussions on site acquisitions for any publicly funded capital improvements,
or sales or leases of real property;
29 Del. C. § 10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an attorney-at-law,
with respect to collective bargaining or pending or potential litigation, but only when an open meeting would have an
adverse effect on the bargaining or litigation position of the public body;
29 Del. C. § 10004(b )(6) - Discussion of the content of documents, excluded from the definition of "public record" in
§ 10002 of this title where such discussion may disclose the contents of such documents;
29 Del. C. § 10004(b )(9) - Personnel matters in which the names, competency and abilities of individual employees are
discussed, unless the employee requests that such a meeting be open
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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D
Item #7.
City of Dover
2019 COMPREHENSIVE PLAN
The City of Dover 2019 Comprehensive Plan includes text and a Map series
outlining information and policies regarding land use activities in the City of Dover.
The FINAL DRAFT 2019 Comprehensive Plan (12.3.2019) document is on file at
the Department of Planning and Inspections, City Hall, 15 Loockerman Plaza, Dover
and at the Dover Public Library, 35 Loockerman Plaza, Dover.
See Project website:
https://www.cityofdover.com/2019-comprehensive-plan
The following packet of information is provided to the Dover City Council for
review of the 2019 Comprehensive Plan. This information includes the
Recommendations of the Planning Commission from their Public Hearing and
Review of the Plan on December 16, 2019. The Public Hearing/Final Reading of
Proposed Ordinance #2019-21 for the Adoption of the 2019 City of Dover
Comprehensive Plan is scheduled for the City Council Meeting of January 23,
2020.
• FINAL DRAFT 2019 Comprehensive Plan (12.3.2019): A copy of the
FINAL DRAFT (paper hard copy) was provided on December 9, 2019 to
City Council Members for your review. The document and map series can
also be found on the Project website and at the locations noted above.
• Additional Exhibit Items:
o Exhibit I: Project Summary Report
o Exhibit 2: Preliminary Land Use Services (PLUS) Review Letter of
November 8, 2019
o Exhibit 3: Staff Response Chart of 12.10.2019 to PLUS Review
o Exhibit 4: PLUS Follow-up Letter (Final Review - Revisions Accepted)
• Exhibit 4A: OSPC Final Review Letter of December 19, 2019
• Exhibit 4B: PLUS Follow-up/ Final Review Email of
December 19, 2019 from Office of State Planning Coordination
• Exhibit 4C: Follow-up Emails from OSPC and DNREC dated
Cover Sheet - Review of FINAL DRAFT 2019 Comprehensive Plan Page1of2 ~ Page 67
Page 68
D Item #7.
December 19, 2019 with Information Update on Watersheds
(associated with Request D)
o Exhibit 5: Information on the Requests
• Chart of Comprehensive Plan Amendments Requests #1-6 and
A-D (Updated 1.2.2020 to included Planning Commission
Recommendations)
o Exhibit 6: Package of Requests: Cover Sheet Summary of Request,
Request Letters, Response Letters, Attachments, and associated Final
Draft Map(s)
o Exhibit 7: Map 12-1: Land Development Plan - Planning Commission
Recommendations on Requests # 1-6
o Exhibit 8: Excerpt of Planning Commission Meeting Minutes of
December 16, 2019
o Proposed Ordinance #2019-21 to Adopt 2019 Comprehensive Plan
Cover Sheet - Review of FINAL DRAFT 2019 Comprehensive Plan Page2of2 ~ Page 68
Page 69
2019 Comprehensive Plan Amendment Requests Submitted During !he Public Comment Period
D Item #7.
throue:h Januarv 2 I 2020
Request# PARCELID Application Notes Requested By Staff Recommendation• PCACnOH CClltTION
Request change from Residential Medium Density to Draper Farm Properties, LLC via John Paradee Not Recommended Change designation to Mixed Use. Vote 5-2
Mixed Use or Commercial for 5.0 acre parcel on north side Letter of 8-20-2018 in favor.
1 ED-05-075.00-01-07.00-000 Land Development Plan of Route 8/Farrest Avenue
Request change from Industrial to Commercial for parcel G. Michael Glick via Letter of 8-28-2018 Not Recommended Follow Staff Recommendation to remain as
between POW/MIA Parkway and Railroad Corridor/New Industrial. Vote 7-0 in favor.
2 ED-05-085.00-01-07 .00-000 Land Development Plan Burton Road
Request change from Agricultural (zoning) to Commercial Harman Brothers, LLC via William Harman Letter Not Recommended Change designation to Commercial-Low
for 1.81 acre parcel on north side of Whit e Oak Road of 9-22-201 8 Int ensity. Vote 6-1 in favor.
adjacent t o State Route 1. Note: LOP shows Land Use
Category for parcel as Open Space, Conservation,
3 ED-05-068.11-01-0Z.OO-OOO Land Development Plan Recreation.
Request change fnom Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4A ED-05-076.08-03-31.00-000 Land Development Plan Institutional/Office for 120 N. Queen St reet. 10-3-2018 Re commendation Use. Vote 5-0 in favor (2 recused).
Request change from Resldential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be M ixed
4B ED-05-076.08-03-32.00-000 Land Development Plan lrut!Mional/Office for 110 N. Queen Street. 10-3-2018 Recommendation Use. Vote 5-0 in favor (Z recused).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4C ED-05-076,08-03-33.00-000 Land Development Plan Institutional/Office for 108 N. Queen Street. 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused).
Request change from Res idential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4D ED-05-076.08-03-34.00-000 Land Development Plan Institutional/Office for 106 N. Queen Street. 10-3-2018 Recommendat1e>n Use. Vote 5-0 in favor (2 recu sed).
Request change from Residential M edium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Fo ll ow Staff Recomm endation to be M ixed
4E ED-05-076.08-03-35.00-000 Land Development Plan Institutional/Office for 104 N. Queen Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (Z recused) .
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4F ED-05-076.08-03 -37.00-000 Land Development Plan Institut ional/Office for 101 N. Queen Street 10-3-2018 Re commendation Use. Vote 5-0 in favo r (2 recused).
Request change from Residential Medium Density to Mt Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4G ED-05-076.08-03-38.00-00D Land Development Plan lnstJtutlonal/Office for 107 N. Queen Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (Z recused) .
Request change from Residential Medium Density to M t . Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4H ED-05-076.08-03-48.00-000 Land Development Plan Institution al/Office for 118 N. New Street lD-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused).
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
41 ED-05-076.08-03-49.00-000 Land Development Plan Institutional/Office for 118 N. New Street 10-3-2018 Recommendati on Use. Vote S.O In favor (2 recused),
Request change from Residential Medium Density to Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4J ED-05-076.08-03-53.00-000 Land Development Plan Institutional/Office for 106 N. New Street. 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused) .
Request change from Residentia l Medi um Density t o Mt. Zion AME Church via John Paradee Letter of Alternative Follow Staff Recommendation to be Mixed
4K ED-05-076.08-03-55.00-000 Land Development Plan Institutional/Office for 102 N. New Street 10-3-2018 Recommendation Use. Vote 5-0 in favor (2 recused).
ED-05-076.08-05-10.00-000 Request change from Mixed Use to Institutional/Office for Mt. Zion AME Church via John Paradee Letter of Not Recommended Follow Staff Recommendation to remain as
4L 35 N. Queen Street 10-3-2018 Mixed Use. Vote 5-0 in favo; (2 recused) .
Land Development Plan
Req uest change from Mixed Use to Institutional/Office for Mt. Zion AME Chu rch via John Paradee Letter of Not Recomm ended Foll ow St aff Recommendation to remain as
37 N. Queen Street 10-3-2018 Mixed Use. Vote 5-0 in favor (2 recused).
4M ED-05-076.08-05-11.00-000 Land Development Plan
Request to preserve Commercial designation of Dover Dover Motorsports Inc. via Letter of 10-5-2018 Alternative Approval of Staff Recommendation for
International Speedway's property(ies). Recommendation creation and designation as Land Use
Land Development Plan & category of Commercial-Entertainment,
5 Multiple parcels Plan Text Vote 7-0 in favor_
Request to include lands north and west of the Kent Kent County Levy Court via Michael Petit de Recommend ed Approva l as submitted per Staff
County AeroPark for potential annexation. Identified for Mange (County Adm inistrator) Letter of 1-25- Recommendation for Annexation
potential Employment Center development in the 2018 2019 designation. Vote 7-0.
6 Multiple parcels Annexation Plan Kent County Comprehensive Plan.
• Note<: R£quests w ith affirmative Staff Recommendi!tionJ hllVe been incorporated into the flNAt DRAFT (U.3.2019) Comprenenslve Plan and its map series. R~uesu with neg;mve Staff Recommendations have not bei,n ond uded in the FINAL DRAFT Plan.
Comprehensive Plan 2019 Final DRAFT Public Hearing
December 16, 2019 Planning Commission and January 13, 2020 City Council
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D
Item #7.
Request for Changes
to City of Dover 2019 Comprehensive Plan
Request #1 1
Parcel ID: ED-05-07 5 .00-01-07. 00-000
Application Type: Land Development Plan
Notes: Request change from Residential Medium Density
to Mixed Use or Commercial for 5.0-acre parcel on
north side of Route 8/Forrest Avenue
Requested By: Draper Farm Properties, LLC via John Paradee Letter
of 8-20-2018
Staff Recommendation: Not Recommended
Planning Commission Motion to change Land Development Plan
Action - Request #1: Map designation to Mixed Use for property.
Vote 5-2 in favor.
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BAIRD
MANDALAS
!
AUG 2 7
£.fl/£:O John W. Paradee, Esq.
302-611-0061
LJ Item #7.
~ 20/8 www.bmbde.com
BROCKSTEDT~I ""~'~
VVfl(Na;a i1il'1.Jl~E~
..~~s
August 20, 2018
David S. Hugg
Planning Director
City of Dover
The Plaza
Dover, Delaware 19901
RE: City of Dover Comprehensive Plan Recommendation for
5.0 +/- acre parcel located on Route 8 in Dover, Delaware
Dear Mr. Hugg:
As you know, I represent Draper Farm Properties, LLC ("DFP"), the owner of a 5.0+/-
acre parcel of unimproved real property on the north side of Route 8 in the City of Dover, more
particularly identified as Tax Parcel #ED-05-075.00-01-07.00-000 (the "Property"). The
Property is located directly across from the new Dover High School, along a major arterial
roadway which serves as the western gateway into the City, in close proximity to a number of
retail and commercial uses.
The Property is presently zoned R-10, and the City's existing (2008) Comprehensive Plan
recommends that the Property be developed for "Medium Density Residential" uses, which may
include C-1 (Neighborhood Commercial) uses. Among the goals of the Comprehensive Plan are
the creation of "neighborhood centers" and "urban centers", which the Plan recommends "be
established along major roadways and feature mixed use development." The Comprehensive
Plan also acknowledges that "Route 8, west of the railroad tracks, has become a key commercial
corridor for the City", that "jobs and commerce in the retail, wholesale, and service sectors are
an important part of Dover's economic vitality", and that "commercial centers and corridors
contribute to the City's overall image and the positive feeling of its residents." And finally, with
regard to the Route 8 corridor in particular, the Comprehensive Plan recommends that the area
"continue to develop as either commercial or professional offices."
It is my understanding that the City is presently in the process of updating its
Comprehensive Plan, and thus, now would be an appropriate time for the City to give due
consideration to the Plan's recommendations regarding potential future uses of the Property. It is
also my understanding that the City may be desirous of annexing a number of parcels of land
located to the west of the Property, as part of the natural growth and expansion of the City's
western boundaries. Given the continuing trend of growth and development along the Route 8
corridor at the western gateway of the City, and the Plan's recommendations that this growth and
development be planned in such a way as to create "neighborhood centers", it would be logical
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.,.
•
•...•
BAIRD
MANDALAS I
BROCKSTEDT ~I
August 19, 2018
Page 2
D
Item #7.
and appropriate to upgrade the Comprehensive Plan recommendation for the Property to "Mixed
Use" or "Commercial", in order to allow for mixed-use development that will bring more retail
and commercial business services closer to the growing number of residential neighborhoods on
the west side of the City.
I therefore respectfully request, on behalf of DFP, that the City upgrade the
Comprehensive Plan recommendation for the Property to "Mixed Use" or "Commercial", for all
of the reasons set forth above.
Thank you for your time and· consideration. If you should have any questions
whatsoever, please do not hesitate to contact me.
JWP/lwr
cc: Mr. Allan Davis
Mr. Eric Good
Douglas S. Walker, Esquire
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FINAL READIN9.____ _ #7.__,
Item
CITY OF DOVER PROPOSED ORDINANCE #2019-21
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 701
4 - Establishment; Membership, of the Delaware Code, the City of Dover established a Planning
5 Commission; and
6 WHEREAS, Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
7 Comprehensive Development Plan, Paragraph ( e) of the Delaware Code requires that at least every
8 ten years, a municipality's adopted comprehensive plan shall be "revised, updated, and amended as
9 necessary, and readopted"; and
10 WHEREAS, at a special meeting on December 2, 2008, the Dover Planning Commission reviewed
11 and approved the 2008 Dover Comprehensive Plan (Final Draft dated October 31, 2008), and
12 forwarded it, with revisions, to the City Council for adoption; and
13 WHEREAS, the City Council held a public hearing on the 2008 Comprehensive Plan on January 5,
14 2009 and then on February 9, 2009 approved Ordinance #2008-44 to adopt the Planning
15 Commission's recommended Comprehensive Plan; and
16 WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
17 - Comprehensive Development Plan, of the Delaware Code, the City of Dover adopted a
18 comprehensive plan update known as the 2008 Comprehensive Plan on February 9, 2009; and
19 WHEREAS, having adopted a comprehensive plan in 2009, the City desires to comply with the
20 provisions of Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
21 Comprehensive Development Plan, Paragraph (e ), of the Delaware Code by reviewing and updating
22 the 2008 Comprehensive Plan; and
23 WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
24 - Comprehensive Development Plan, of the Delaware Code, the Planning Commission will conduct
25 a public hearing on December 16, 2019 to consider the approval of the 2019 Comprehensive Plan
26 (Final DRAFT dated December 3, 2019) and forward it along with any recommendations to the City
27 Council for adoption; and
28 WHEREAS, the City Council is scheduled to hold a public hearing on the 2019 Comprehensive Plan
29 on January 13, 2020 and then act on Ordinance #2019-21 to adopt the Planning Commission's
30 recommended Comprehensive Plan; and
31 NOW, THEREFORE, BE IT ORDAINED THAT the Mayor and Council of the City of Dover adopt
32 The Dover Plan: 2019 Comprehensive Plan - "Planning for a Bigger Better Dover", as amended, and
33 submit the Plan to the Governor for Certification.
34 EFFECTIVE DATE: The 2019 Comprehensive Plan shall become effective upon the receipt of the
35 certification by the Governor.
ADOPTED: *
S:\ORDINANCES\2019\DRAFTIORDrNANCE #2019-21 ADOPTION OF 2019 COMPREHENSIVE PLAN\ORDrNANCE #2019-21 ADOPTION OF 2019 CO MPREHENSIVE PLAN - Final
Rcading.wpd
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L___J
Page
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39 SYNOPSIS
40
41
The proposed ordinance would adopt the 2019 Comprehensive Plan as approved and
recommended by the Dover Planning Commission and amended by motion of the
D
Item #7.
4-2 -Dover City Council.
43 Actions History
44 01/13/2020 - Scheduled for Public Hearing/Final Reading - City Council
45 12/09/2019 - First Reading - City Council
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City of Dover, DE 2019 Comprehensive Plan
Rle,
FINAL DRCJ
Item #7.
Map 12-lC: Land Development Plan Date Updated: 12/01/2019
0 1 500 3.000 Feel
L__J__j______J_
LEGEND
Land Use
0 Active AgriaJh.re
~ Commercial Entertairunent
~ Commercial High Intensity
Q Commercial Low Intensity
1/f DoverAFB
lnduslrial
lnslitulional
~ Mixedl.58
~ Office
~ Open Space, ConservaHon, Recreation
Public and Privale Utilities
~ Residential High Density
Q Residential Medit.m 0el"'6ity
0 Residential Low Density
~ TralnTrack
~ Dover Boundary
--Roads
- - - Hydrology
.Ji,, Water8od'8s
By •o:,,;pl'azict oflhu ~ inatc,ribl you IJ]'tt 10 rbt ii&J"°i¥Tbisir-p ir.1trali,;
11116r svail:ibil: by tl'lt C .-YafOo~. Inln.·arc ~ spubk~ Tb::mifflli:llf
~f<"rt11.« pu!pOR1 ooly, aad lb, Ciiy Dllltt !ID "''1'1'""Y, n: p?l'l'<'IPO)a or Jl&JMY a.i
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00 c~l ,lu.n rht CiTy be liabk f(lf any dirrt1 Of indftCT~,-., ,uli=d byUE
.kz-elJ,hP • 9'Wff ~ ti• 1ny -.:1-,it-.o oft.: ~IIPai'dmqbalbqlelr1
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INl?t!'\al should bt TrJIOflltd IO I~ Ciry of Oo~r D:la11-a1T11'\t,li:Woi\JCIS Page 75
Dmu:10.
Page 76
D
Item #7.
REGULAR CITY COUNCIL MEETING
The Regular Council Meeting was held on January 13, 2020 at 7:30 p.m. with Council President
Hare presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin,
Mr. Cole, Mr. Polee, Mr. Taylor, and Mr. Lindell.
Staff members present were Major Stump, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire Chief
Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that Council
was not in official session and could not take formal action.
Mrs. Claudia Johnson, owner of32 Wyoming Avenue and 391 Beechwood Avenue, spoke about the
hardship that the Clean Hands Act places on the residents and the need for a review of the vacant
property ordinance to prevent the hardship.
The invocation was given by Bishop Thomas L. Holsey, followed by a moment of silence for Deputy
City Solicitor William Pepper and his family and the Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Slavin requested that item #3, Selection of the Chief of Police, be renumbered as item #7.
Mr. Neil moved for adoption of the agenda, as amended, seconded by Mr. Sudler and
unanimously carried.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Sudler and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 9, 2019
The Minutes of the Regular Council Meeting of December 9, 2019 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Sudler and bore the written approval of Mayor
Christiansen.
CERTIFICATE OF CONGRATULATIONS - DR. WILMA MISHOE
The City Clerk read the following Certificate into the record:
CERTIFICATE OF APPRECIATION
Presented to Dr. Wilma Mishoe
It is with sincere appreciation and admiration that we honor your momentous 40-year career in higher
education. We recognize the historic event of having served as the first female Chief Executive at
Delaware State University, continuing your father's legacy. We recognize the outstanding leadership
and immeasurable contributions made to the students, faculty, and administration.
CJ
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CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE2
D
Item #7.
Congratulations on your retirement and best wishes on your future endeavors!
On behalf of the Mayor and Council, Mayor Christiansen and Councilman Sudler presented the
Certificate to Dr. Wilma Mishoe.
Dr. Mishoe stated that it had been an honor to serve not just Delaware State University, but to
represent the City of Dover and the state of Delaware all around the world and she thanked the City
for the recognition and her family and church for being there with her.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2019-21
A public hearing was duly advertised for this time and place to consider adoption of the 2019 City
of Dover Comprehensive Plan. Council President Hare reminded members of the public that copies
of the proposed ordinance were available at the entrance of the Council Chambers or on the City's
website at www.cityofdover.com under "Government."
Mr. Sudler moved that the Final Reading of Proposed Ordinance #2019-21 be acknowledged
by title only, seconded by Mr. Neil and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of December 9, 2019.)
Mr. Dave Hugg, Director of Planning and Community Development, reviewed the 2019 City of
Dover Comprehensive Plan and the review process that was undertaken by Planning Staff. He noted
that the Planning Commission unanimously recommended adoption of the ordinance.
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the comments and requests received
during the public comment period and the Planning Commission's recommendations related to those
requests.
Responding to Mr. Polee, Mr. Hugg stated that the requests with affirmative Staff recommendations
have been incorporated into the final draft of the Comprehensive Plan and its map series and the
requests with negative Staff recommendations were not included in the final draft plan. He noted
that they would not be making those changes unless Council members concurred. Mr. Hugg advised
that the Planning Commission recommendations would be incorporated into the final document as
corrections once Council acts favorably upon them.
Mr. Anderson requested Mr. Hugg to explain mixed use, which would affect a lot of areas.
Responding, Mr. Hugg stated that mixed use is a zoning classification that recognizes both the
historic pattern of development in the City and the fact that in some neighborhoods the way property
is used is not necessarily the majority of the activity. He noted that the residential zoning
classification is pretty straightforward; however, the downtown area has been impacted by 200 to
300 years of land use decisions so mixed use is a category that is intended to be broader with more
flexibility. Mr. Hugg advised that there was a matrix on page 1226/1227 of the document in
Chapter 12 that shows how the land use and the land development categories match up against the
zoning.
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D
Item #7.
CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE3
Mr. Neil reviewed the changes that he had recommended, as follows:
• Include a note that the City does not provide for healthcare, social services or education;
• Include a note in either Chapter eight or nine that the City Council has approved a lodging
tax dedicated to the infrastructure of the City;
• Update the housing figures to reflect NCALL's home ownership work; and
• Change the language in Chapter 15 on page 15/6 to urge access to Route 1 from Garrison
Park Center, noting that it is already listed in Chapter nine on page 9/16.
Mr. Taylor asked if mass transit, such as a railway system or civil air terminal, was a consideration
in the Plan. Responding, Mr. Hugg advised that there were formal processes for amending and
implementing the Plan. He also noted that the document weighs heavily in the work of the
Metropolitan Planning agency and influences the City's relationships with DelDOT in terms oflong
range transportation planning. Mr. Hugg advised that they were looking at an air cargo terminal and
motor freight transportation.
Council President Hare declared the public hearing open.
Mr. John Pardee, Baird Mandalas Brockstedt LLC, stated that he was in favor of the plan, generally.
With regard to Request #1, Draper Farm Properties, he advised that they agree that a commercial
zone would be too intensive and that a mixed use zone would be appropriate.
Responding to Mr. Neil, Mr. Hugg advised that the designation of the land use category does not
preclude or authorize any particular design or development decision and the property would be
required to go through the zoning and site pIan processes, which would include a review by DelDOT.
Responding to Mr. Anderson, Mr. Paradee stated that there were currently no particular plans for the
properties belonging to Mt. Zion AME Church (requests #4A - #4M). He noted that the church owns
a number of disparate properties with different zonings and setbacks in a three-block area within the
City. Mr. Paradee advised that the church is looking for, in its vision to deliver its message to the
community, the ability to have some flexibility for growth such as an expanded fellowship hall and
a residence for employees or the Reverend on-site, thereby creating a small campus that is integrated
and makes sense for the future vision of the church. Mr. Paradee advised that they agree with Staffs
recommendation for a mixed use zone.
Referring to request #3, Harman Brothers LLC - White Oak Road, Mr. Pardee advised that this was
a composite of three or four parcels, all but one of which is already zoned C-2 commercial. He
stated that they were asking for the last parcel to be changed from open space to commercial to
match the rest of the properties.
Responding to Mr. Lindell, Mrs. Melson-Williams stated that the Institutional and Office (IO) zoning
classification is typically used for professional offices, schools, colleges, universities, and other
public institutions such as civic buildings. She noted that most of the large school sites and large
campus-like establishments throughout the City now have an IO zoning classification. The uses of
churches and schools can occur in some of our other zoning districts, but the IO zoning, that is the
primary focus for at least large campus-like establishments for those types of uses.
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CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGE4
Mrs. Melson-Williams advised that Chapter 12 discusses institutional land uses and the land use
matrix, which focuses primarily on the IO zoning district but notes that uses can be conditionally
approved through a special review process. She stated that all properties in the City of Dover have
a zoning classification with a list of uses that are permitted without any specialized review process
and conditional uses with a very specific review process. Mrs. Melson-Williams advised that if the
use is not in one of those two lists, then the Code is considered silent and it would not be permitted
in that zone.
Responding to Mr. Sudler, Mrs. Melson-Williams stated that Staff could do map comparisons to
provide the locations and zoning designations of the emergency shelters located in Dover.
Ms. Ann Smith, NAACP Central Branch president, asked if, in the process of developing the Plan,
the 43% black and the 47% white population had input into the Plan. Responding, Mr. Hugg stated
that the Plan was posted on the website, there were a number of workshops and public hearings, they
met with a number of interest groups, and they did a survey citywide that was both on the website
and in hard copy throughout the City library and other places to offer the public as many
opportunities as they wanted to avail themselves of an opportunity to not only talk to them about
what was going on in the city and what they liked or did not like about the existing Comprehensive
Plan, but what they would like the new Comprehensive Plan to address. Ms. Smith expressed
concern that the make up of the City Committees should reflect the population that is served.
There being no one else present wishing to speak, Council President Hare declared the public hearing
closed.
Mr. Polee moved for adoption of Ordinance #2019-21 as amended by the Planning
Commission's recommendations for requests numbered one, three, four, five, and six, and that
the 2019 City of Dover Comprehensive Plan be submitted to the Governor for certification.
The motion was seconded by Mr. Slavin and by a unanimous roll call vote, Council adopted
Ordinance #2019-21, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 701
- Establishment; Membership, of the Delaware Code, the City of Dover established a Planning
Commission; and
WHEREAS, Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
Comprehensive Development Plan, Paragraph (e) of the Delaware Code requires that at least every
ten years, a municipality's adopted comprehensive plan shall be "revised, updated, and amended as
necessary, and readopted"; and
WHEREAS, at a special meeting on December 2, 2008, the Dover Planning Commission reviewed
and approved the 2008 Dover Comprehensive Plan (Final Draft dated October 31, 2008), and
forwarded it, with revisions, to the City Council for adoption; and
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CITY COUNCIL MEETING OF JANUARY 13, 2020 PAGES
WHEREAS, the City Council held a public hearing on the 2008 Comprehensive Plan on January 5,
2009 and then on February 9, 2009 approved Ordinance #2008-44 to adopt the Planning
Commission's recommended Comprehensive Plan; and
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
- Comprehensive Development Plan, of the Delaware Code, the City of Dover adopted a
comprehensive plan update known as the 2008 Comprehensive Plan on February 9, 2009; and
WHEREAS, having adopted a comprehensive plan in 2009, the City desires to comply with the
provisions of Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702 -
Comprehensive Development Plan, Paragraph (e), of the Delaware Code by reviewing and updating
the 2008 Comprehensive Plan; and
WHEREAS, pursuant to Title 22 - Municipalities, Chapter 7 - Planning Commission, Section 702
- Comprehensive Development Plan, of the Delaware Code, the Planning Commission will conduct
a public hearing on December 16, 2019 to consider the approval of the 2019 Comprehensive Plan
(Final DRAFT dated December 3, 2019) and forward it along with any recommendations to the City
Council for adoption; and
WHEREAS, the City Council is scheduled to hold a public hearing on the 2019 Comprehensive Plan
on January 13, 2020 and then act on Ordinance #2019-21 to adopt the Planning Commission's
recommended Comprehensive Plan; and
NOW, THEREFORE, BE IT ORDAINED THAT the Mayor and Council of the City of Dover adopt
The Dover Plan: 2019 Comprehensive Plan - "Planning for a Bigger Better Dover", as amended, and
submit the Plan to the Governor for Certification.
EFFECTIVE DATE: The 2019 Comprehensive Plan shall become effective upon the receipt of the
certification by the Governor.
ADOPTED: JANUARY 13, 2020
RESOLUTION NO. 2020-01-RE UESTING THE 150TH GENERAL ASSEMBLY OF THE
STATE OF DELAWARE TO CONTINUE INVESTMENT AND SUPPORT OF WESLEY
COLLEGE AS INTENDED BY THE HIGHER EDUCATION ECONOMIC
DEVELOPMENT FUND
Mr. Sudler moved to read Resolution No. 2020-01 by title only, seconded by Mr. Neil and
unanimously carried.
Mr. Slavin advised that he had a perceived conflict of interest on this issue in that his wife is an
employee of Wesley college and would remove himself from the chamber during the discussion.
By unanimous consent, Resolution No. 2020-01 was unanimously adopted (Slavin abstaining)
as follows:
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ARESOLUTIONREQUESTINGTHE150THGENERALASSEMBLYOFTHESTATEOF
DELAWARE TO CONTINUE INVESTMENT AND SUPPORT OF WESLEY COLLEGE
AS INTENDED BY THE HIGHER EDUCATION ECONOMIC DEVELOPMENT FUND
WHEREAS, Wesley College was founded on September 1, 1873; and
WHEREAS, Wesley College has been a treasured resource for The City of Dover and The State of
Delaware throughout its almost 150-year history; and
WHEREAS, Wesley College's main campus occupies fifty (50) acres of land and occupies
nineteen (19) buildings in the heart of the City of Dover; and
WHEREAS, Greater than 50% of Wesley College's student body are Delawareans; and
WHEREAS, Over 80% of Wesley College graduates remain in Delaware following graduation; and
WHEREAS, Wesley College has of over 300 employees, and is one of the largest employers in Kent
County; and
WHEREAS, Wesley College is the only institution in the state besides Delaware State University
that is a designated Title III eligible school: and
WHEREAS, Wesley College is one of the State's major healthcare providers, with one of the top
Nursing (Undergraduate and Graduate) programs, and the only Masters of Occupational Therapy
program, in the State; and,
WHEREAS, Wesley College contributes nearly Eighty Million Dollars ($80,000,000.00) to the local
Kent County Economy; and
WHEREAS, Wesley College exists to liberate and empower its students with the knowledge, skills,
ethical attitudes and capacity for critical thinking needed to achieve personal and professional goals
and to contribute to the local and global society; and
WHEREAS, the 150th General Assembly allowed Wesley College the privilege of being awarded
Higher Education Economic Development Investment Funds to be expended to supplement
investments that Delaware's institutes of higher education are making to improve job growth, job
retention and economic development in the State.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council respectfullyrequestthe 150th
General Assembly of the State of Delaware continue investment and support of Wesley College as
intended by the Higher Education Economic Development Fund.
BE IT FURTHER RESOLVED that the Mayor and Council commend Wesley College on their
efforts to date in improving their fiscal efficiency and increased educational opportunities, as well
as economic growth for our region, state, and community.
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AND FINALLY, BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk
to make this resolution a part of the permanent records of the City of Dover as a lasting symbol of
appreciation and gratitude to the 150th General Assembly of the State of Delaware for recognizing
the vital importance of Wesley College to the City of Dover and Kent County.
ADOPTED: JANUARY 13, 2020
MONTHLY REPORTS - NOVEMBER 2019
By motion of Mr. Neil, seconded by Mr. Sudler, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council's Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chiefs Report
Police Chiefs Report
OUARTERLY REVIEW - CAPITAL INVESTMENT PLAN (CIP)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
December 31, 2019.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of December 31, 2019. The motion was seconded by Mr. Sudler and
carried by a unanimous roll call vote.
SELECTION OF THE CIDEF OF POLICE
Mr. Sudler moved to recess into Executive Session pursuant to 29 Del. C. §10004 (b)(9) -
Personnel matters in which the names, competency and abilities of individual employees are
discussed, unless the employee requests that such a meeting be open. The motion was seconded
by Mr. Slavin and unanimously carried.
The Regular Council Meeting recessed into Executive Session at 8:36 p.m. and reconvened at
9:31 p.m.
Mayor Christiansen read the following into the record:
"Good evening members of the Council, staff, general public,
I'd like take this opportunity to publicly thank the Chief of Police Selection Committee for their
efforts in filling this most vital position in the City of Dover. I'd like to recognize City Manager
Donna Mitchell, HR Director Kim Hawkins, Council President Bill Hare and Councilman Ralph
Taylor. With due diligence they waded through 22 applications which were very diverse and were
from across the country. In numerous meetings, we whittled those down to six candidates who were
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chosen to be spoken to as moving through the process and finally we ended with three down to two
to the final one which I will make as part of the presentation.
It is important that the public understand that they fulfill that responsibility to the members of this
Council who asked us to take that responsibility on, but more over we fulfilled our responsibility to
the citizens of the City of Dover. With due diligence, integrity, fidelity, and professionalism along
with the best openness that we were allowed in accordance with the processes of hiring individuals.
We were advised by a labor lawyer, Mike Stafford, who provided us with information as we moved
along through the process.
At this point in time before I move on further into this presentation, I would once again also like to
publicly thank Deputy Chief Tim Stump for his outstanding job as he did as acting chief of the
department. He is truly a dedicated public servant to our citizens and to our City and I value his
service greatly, but I also value his friendship. Thanks again, chief.
As advised by the committee's attorney, I will now give the members of Council an overview of the
qualifications of the candidate which led to the recommendation of the name that we will mention.
I have been given advice and information and the permission from that candidate to use his name.
So I will recommend the name of Thomas Johnson for the position of Chief of the Dover Police
Department. I'll give the members of Council an overview of his qualifications.
Thomas Johnson is a 24 year veteran of the Upper Darby Police Department in Delaware County,
Pennsylvania. He's a graduate of the Northwestern University School of Police Staff and Command.
He is an adjunct professor for the University of Pennsylvania. His current position is captain of
training and professional standards reporting directly to the superintendent of police. His current
responsibilities include continuing education for the members of his department operational training.
He is deep in the hiring process of new officers, credentialing policy procedure, and internal affairs.
He has served six years as captain of the administration with responsibilities including the uniform
crime report, police records, station security, cellblock security, budget management, community
affairs, community policing, support functions and specialty units such as SORT and other teams.
He has served on the command staff for the last eight years and has over 14 years of leadership
experience in the Upper Darby Police Department. His current special projects include directing a
comprehensive update of the policy manual for his department, release supervised training program
developed in collaboration with Penn State University and chairing the committee responsible for
acquisition of a custom crime scene response vehicle.
Other duties throughout his career, he has worked in community affairs policing, directing a
NARCAN program, and the addiction recoveryofreferral system, the administration of the budget,
police records, the uniform crime report, fixed assets, facilities, and the civilian staff, responsibility
for the operation of the DUI task force of the highway patrol unit, which is their motorcycle unit and
the accident investigation unit. He is a veteran paramedic, nationally certified. He is a volunteer
firefighter. His current agency is the largest municipal agency in Delaware County and is one of the
most populous in the Commonwealth of Pennsylvania. He and his department serve diverse
neighborhoods representing an estimated 100 separate cultures, student body at a number of
institutions of higher learning within the confines of the Upper Darby Police Department which they
have folks that speak over 70 different languages. He is well versed in diversity.
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His interview demonstrated his knowledge of today's police trends and needs as well as his
understanding of the administrative side of the police agency. He also portrayed his patience and
active listening and learning skills. At this time Mr. President, I would take the opportunity to ask
yourself or Councilman Taylor to build upon the report that I have given and I once again offer to
you the name of Thomas Johnson to be the next police chief of the Dover Police Department and I
yield the floor to you Mr. President."
Mr. Taylor stated that as a retired Dover police officer and a member of the search committee he
was looking for certain abilities within the new chief. The abilities to guide, train, direct, motivate,
inspire and unite, unite, unite our community. To guide you got to have vision. To train you must
understand your community. To direct you must be a leader of leaders. To motivate you have to
make every officer want to do better each and every day that they are here serving our community.
To inspire, again you make people better. To unite you must collaborate. Chief Johnson has
exceeded those criteria. Chief Johnson fully understands he is new only at this position, but not at
life, not at being a police officer.
Mr. Taylor advised that Chief Johnson has implemented numerous diversity programs and is aware
that we cannot arrest our way out of the opioid epidemic that we face, the gang violence, the
homelessness, a progressive downtown that's on the verge of exploding into something positive.
Chief Johnson understands that he has a role here and his role is more than just the chief who was
telling people that you're under arrest, it is the chief that is building a community. He understands
these things and I wholeheartedly support him. Chief Johnson understands that when he succeeds,
we all succeed. lfl had to do it all over again, I would select chief Johnson again, thank you very
much.
Council President Hare stated that he remembers Mr. Johnson saying that if he was to get the
position, it would not be about him. It would be about the officers that work for him, making sure
they have what they need and the community, making sure the community has what it needs and that
one of his roles is to ensure that he is a leader in getting that for his officers and the community. He
wants to reach out to the community and have meetings within the neighborhoods, within the
communities, and find out what the issues are and if they are being addressed.
Council President Hare noted that Mr. Johnson wants to expand hiring opportunities and to reach
out to different areas so we have a diverse group of candidates applying and not just one or two
people. He wants to have a bigger pool to choose from so he can make his force diverse. Mr. Hare
noted that Mr. Johnson is also experienced in budgeting and is very qualified.
Mr. Sudler thanked Mayor Christiansen and the Committee for their due diligence and for looking
at the diversity and the diversity initiative that will be moving forward. He stated that he had the
utmost confidence that the right person was selected.
Responding to Mr. Neil, Mayor Christiansen stated that Mr. Johnson would be available in the early
part of February.
Mayor Christiansen reaffirmed that he was submitting for the approval of Council the name of
Thomas Johnson to be the next Police Chief of the Dover Police Department.
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Mr. Sudler moved to consent to Mayor Christiansen's appointment of Thomas Johnson as the Chief
of Police. The motion was seconded by Mr. Lindell.
Mr. Anderson stated that he had concerns earlier regarding an unintentional hiccup in the process;
however, it appears that the candidate is very qualified and is going to bring a strong plan to address
issues of crime in this community and to keep building upon the foundation of diversity and
inclusion that has been started in our Police Department. Someone who has strong experience in
budgeting and I think he should definitely be given a chance. Mr. Anderson encouraged everyone
to look at what he brings to the table and not be distracted by other issues but remember that we have
a City that is in need of long term leadership and a crime strategy and so they need to act and he
supports this action.
Mr. Taylor stated that it was mandated by the Committee that this new Chief of Police live within
the City limits. He stated that he believes that living outside the City, taking City resources
elsewhere is not doing them any favors. Mr. Taylor said that he believes that the new Police Chief
needs to live amongst them and be a part of this community.
The motion to consent to Mayor Christiansen's appointment of Thomas Johnson as the Chief
of Police was carried by a unanimous roll call vote.
Mayor Christiansen once again thanked the solicitor for some of his sage advice during this process.
CONTRACT SERVICES FOR LIBRARY MANAGEMENT
Mr. Matt Harline, Assistant City Manager, reviewed the background and analysis Regarding
Contract Services for Library Management.
Staff recommended authorizing the City Manager and her designees to enter into an agreement for
library management services with Library Systems & Services, LLC for an amount not to exceed
$200,000. The agreement will be for one year. Any extension of the contract would require a full
Request for Proposal process.
Mr. Neil, noting that he was a big fan of the Library, stated that he hopes that they uphold the
standard of programming, which is truly outstanding.
Mr. Anderson stated that, according to section 2-82, this item should have been brought to the Parks,
Recreation, and Community Enhancement Committee because there are a number of policy
implications and questions associated with this, some of which have to do with long term problems.
He asked if LS&S has a database and if they are just going to look at their database with no regard
for the hard work they are trying to do with diversity and inclusion or if they are encouraging local
applicants. Mr. Anderson also asked what the hiring standards were and if their hiring process had
been investigated.
Mr. Harline stated that this is a difficult position and in this market apparently it is a very difficult
hire to find. He noted that they went through a process and had a couple of candidates, one of which
took another position before the City did the hiring. Mr. Harline stated that the other candidate was
not what they were looking for.
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Mr. Anderson expressed concern with LS&S's involvement in the hiring of a long-term library
director. Responding, Mr. Harline advised that he would also participate in that hiring process.
Responding to Mr. Polee, Mr. Harline advised that a "pay for success" modeling was not included
in the contract.
Mr. Neil moved for approval of Staff's recommendation to authorize the City Manager and
her designees to enter into an agreement for library management services with Library
Systems & Services, LLC for an amount not to exceed $200,000. The agreement will be for one
year. Any extension of the contract would require a full Request for Proposal process. The
motion was seconded by Mr. Sudler and carried by a unanimous roll call vote.
DISCHARGE OF BICYCLE AND PEDESTRlAN SUBCOMMITTEE LINDELL
Mr. Lindell advised members that, due to concern over the recent resignations of subcommittee
members, he relayed to Mayor Christiansen and members of City Council that he thought a
discussion about the discharge of the Bicycle and Pedestrian Subcommittee was warranted, given
the mass turnover as well as some other issues. He stated that he requested that this item be placed
on the Safety Advisory and Transportation Committee agenda; however, the Committee Chair,
Councilman Taylor, disagreed and the item was placed on the Council agenda for discussion.
Members discussed at length their concerns with the subcommittee, the benefit of having the
subcommittee and its accomplishments, and other issues needing attention.
Mr. Neil called the question, which was unanimously carried.
Mr. Slavin moved to refer this item to the Safety Advisory and Transportation Committee.
The motion was seconded by Mr. Polee and unanimously carried.
FINAL READING - PROPOSED ORDINANCE #2019-20
Council President Hare reminded members of the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers or on the City's website at www.cityofdover.com
under "Government."
Mr. Sudler moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Neil and unanimously carried. (The First Reading of the proposed
ordinance was accomplished during the Council Meeting of December 9, 2019.)
By motion of Mr. Neil, seconded by Mr. Polee, Council, by a unanimous roll call vote, adopted
Ordinance #2019-20, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 -
Qualifications, Paragraph (d) of the Dover Code be amended to read as follows:
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Sec. 102-113. - Qualifications.
(d) Any persons purchasing residential real property in which they will reside within the
downtown redevelopment high priority target area defined in Appendix C shall be
given tax relief from the payment of real estate taxes in the following manner: first
year of ownership, total tax abatement; second year of ownership, 75 percent tax
abatement; third year of ownership, 50 percent tax abatement; fourth year of
ownership, 25 percent tax abatement; fifth year of ownership, no tax abatement.
Provided however that the homeowner is required to occupy the home as their
principal place ofresidence during the entire time that the taxes are abated and if the
property ceases to be their principal place of residence at any time during the
four-year period of abatement, then they shall lose their right of abatement and shall
be required to pay immediately all taxes abated up to the time that the home ceases
to be their principal residence. In order to obtain the tax abatement, the homeowner
must make application by affidavit submitted to the city assessor showing
qualification for the abatement and each year thereafter, submit a similar affidavit
showing their continued right to the abatement. If qualification for the abatement
ceases within the four-year period of abatement the homeowner is required to notify
the city assessor of the lack of qualification for the abatement and within 90 days
from the date the qualification ceases, pay all taxes abated in the past.
ADOPTED: JANUARY 13, 2020
CITY MANAGER'S ANNOUNCEMENTS
None.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Sudler congratulated the new Police Chief.
Mr. Anderson announced that there would be a free public event at noon on Martin Luther King Day,
Monday, January 20, 2020 at Delaware State University. He stated that it was going to be a
tremendous event and encouraged everyone to attend and to remember this important event.
Mr. Anderson moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 10:40 p.m.
TRACI A. McDOWELL
CITY CLERK
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CITY COUNCIL MEETING OF JANUARY 13, 2020
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 13, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minules\2020\01-13-2020 REGULAR CITY COUNCIL.wpd
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EXHIBIT "D"
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Delaware 8 Concept Plan and
Operations Study
May, 2008
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Table of Contents
Executive Summary
1. Purpose and Need
2. Existing Conditions
2.1. Environmental and Cultural Resources
2.1.1. Cultural Resources
2.1.2. Wetlands and Waterways
2.1.3. Hazardous Waste Sites
2.1.4. Environmental Justice
2.2. Roadway Characteristics
2.2.1. Roadway Description
2.2.2. Multi-modal Facilities
2.2.3. Signalization
2.3. Study Area Characteristics
2.3.1. Land Use
2.3.2. State, City Land Use and Transportation Policies and Projects
3. Capacity and Level of Service Analysis
3.1. Traffic Data
3.1.1. Data Collection
3 .1.2. Traffic Forecasting Methodology
3.2. Capacity and LOS Analysis
3.2.1. Introduction
3.2.2. Methodology
3.2.3. Capacity and LOS Analysis
3.2.4. Corridor Performance and LOS Analysis
3.3. Back of Queue Analysis
3.4. Operational Issues
4. Pedestrian, Bicycle and Transit Analysis
4.1. Pedestrian Facilities
4.2. Bicycle Facilities
4.3. Transit Facilities and Service
5. Crash Analysis
5 .1. Corridor Crash Data
5.2. Crash Data at Intersections
5.2.1. Mifflin Road and Route 8
5.2.2. Kenton Road and Route 8
5.2.3. Independence Boulevard and Route 8
5.2.4. Saulsbury Road and Route 8
6. Alternatives
6.1. Common Improvements
6.2. Alternative 1
6.3. Alternative 2
6.4. Alternative 3 - No Build
6.5. Context-Sensitive Design (CSD) Techniques for Pedestrians, Bicycles and
Transit Facilities
6.5.1. Introduction
6.5.2. Crosswalk and Pedestrian Crossing Improvements
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6.5.3. Pedestrian Refuge Islands and Medians
6.5.4. Bulb-Outs
6.5.5. Channelized Right-Turn Lanes
6.5.6. Bicycle Lanes and Shared-Use Paths
6.5.7. Transit Stops and Amenities
6.5.8. Countdown Pedestrian Signal Heads
7. Recommendations
7.1. Preferred Alternative
7.2. Early Action Contracts and Project Phasing
List of Exhibits, Tables and Appendicies
Chapter 1
Exhibit 1-1 .... . ... ........ Study Area: Delaware 8 -Artis Drive to Delmarva Secondary
Railroad
Chapter 2
Exhibit 2-1 ................ Environmental and Cultural Resources
Exhibit 2-2 ................. Study Area Census Tract
Exhibit 2-3 ................ Typical Sections
Exhibit 2-4 ................ Critical Intersections
Exhibit 2-5 ................ Existing Land Use
Exhibit 2-6 ................ Study Area Transects
Exhibit 2-7 ................ Future Land Development Opportunities
Exhibit 2-8 ................ Proposed Land Development Patterns
Exhibit 2-9 ................ State Investment Levels
Table 2-1 ..... ..... ........ Previously Surveyed Historic Resources within the Study Area
Table 2-2 ..... ... .......... Newly Identified Architectural Resources within the Study Area
Table 2-3 ... . ... ... ........ Racial Distribution, Median Household Income, and Population
Below Poverty Status
Table 2-4 .... ..... ..... .. .. Existing General Transportation and Land Use Characteristics
Table 2-5 .................. Development/Redevelopment Opportunities and Restrictions
Chapter 3
Exhibit 3-1 ......... ....... 2006 AM (PM) Peak Hour Traffic Volume
Exhibit 3-2 ................. 2030 AM (PM) Peak Hour Traffic Volumes w/New
Developments
Table 3-1 .................. LOS Criteria for Signalized Intersections
Table 3-2 .................. LOS Criteria for Unsignalized Intersections
Table 3-3 .................. Average HCM Delay & LOS for Signalized Intersections
Table 3-4 .......... .. ...... Average HCM Delay & LOS for the Unsignalized Intersection
Table 3-5(1) ............... Summary of Control Delay and LOS-DE Route 8 & Mifflin
Road
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Table 3-5(2) ............... Summary of Control Delay and LOS-DE Route 8 & Kenton
Road
Table 3-5(3) ....... ....... .Summary of Control Delay and LOS-DE Route 8 &
Independence Boulevard
Table 3-5(4) ......... . ..... Summary of Control Delay and LOS-DE Route 8 & Modern
Maturity Center
Table 3-5(5) ... ... .... .. ... Summary of Control Delay and LOS-DE Route 8 & Saulsbury
Road (DE Route 15)
Table 3-5(6) ..... . .... . .... Summary of Control Delay and LOS-DE Route 8 & Gibbs
Drive
Table 3-5(7) ... ....... ... .. Summary of Control Delay and LOS-DE Route 8 & Ridgely
Street
Table 3-5(8) ...... . .... ... . Summary of Control Delay and LOS-DE Route 8 & Weston
Drive
Table 3-6 .................. Urban Street LOS by Class
Table 3-7 ................ .. Arterial Average Trave l Speed & LOS
Table 3-8(1) .......... ..... ummary of 95 th Percentile Back of Queue
Table 3-8(2) ............ . .. Summary of 95 th Percentile Back of Queue
Table 3-8(3) .......... ..... Summ,u·y of 95 1h Percentile Back of Queue
Table 3-8(4) .......... . .... Summary of 95 th Percentile Back of Queue
Chapter 4
Exhibit 4-1 ... . ............ Hot Mix Path West of Saulsbury Road
Exhibit 4-2 ... .. ........... Bus Shelter at Kenton Road & Route 8
Exhibit 4-3 ................ Existing Transit Facilities
Exhibit 4-4 .. .... ... . .. .... DART Transit Route on Eastbound Route 8, West of Saulsbury
Road (Route 15)
Exhibit 4-5 ................ DART Trru1 it Route on Eastbound Route 8, West of Gateway
West Shopping Center
Chapter 5
Table 5-1 .. ..... .. ... ...... Crashes by Year
Table 5-2 ....... ... . .. ... .. Crashes by Severity
Table 5-3 ... ........ . ... .. .Crashes by Lighting Conditions
Table 5-4 .. ................ Crashes by Pavement Surface Conditions
Table 5-5 .................. Crashes by Collision Types
Table 5-6 .... .............. Intersection and Control Type
Table 5-7 .................. High Crash Intersections on Route 8
Table 5-8 .................. Collision Types at Mifflin Road Intersection
Table 5-9 ... .. . .. . .... ..... Collision Types at Kenton Road Intersection
Table 5-10 .. . ............... Collision Types at Independence Boulevard Intersection
Table 5-11 .............. . ... Collision Types at Saulsbury Road Intersection
Chapter 6
Exhibit 6-1 ......... .. ..... Textured Crosswalk
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D
Item #7.
Exhibit 6-2 ... ....... ...... Driveway with no pedestrian amenities
Exhibit 6-3 ................ Preferred design of driveway crossings
Exhibit 6-4 ...... .......... Pedestrian refuge island
Exhibit 6-5 ................ Pedestrian refuge island within landscaped boulevard
Exhibit 6-6 ................ Schematic of bulb-out and pedestrian visibility
Exhibit 6-7 ............. . .. Tighter angle channelized right-tum lane design
Exhibit 6-8 ................ Pork Chop Island with textured surface and ADA compliant curb
cuts
Exhibit 6-9 ................ Bike lane and right-tum lane combination
Exhibit 6-10 ............... Bus stop at Independence Blvd with amenities
Exhibit 6-11 . ........ .. ... .Bus stop at Saulsbury Road without amenities
Exhibit 6-12 .. ............. Countdown Signal Head
Table 6-1 .................. Alternative Analysis-Average Delay & LOS for Signalized
Intersections
Table 6-2 ................ . .Common Improvements Analysis
Table 6-3 ............... . .. Alternative 1 Improvements Analysis
Table 6-4 .... . .. .. ... ... ... Alternative 2 Improvements Analysis
Appendix A: DelDOT Traffic Forecast
Appendix B: Roadway Link ADT Calculation
Appendix C: Signal Timings
Appendix D: Synchro HCM Print-Outs
Appendix E: SimTraffic Print-Outs
Appendix F: Meeting Minutes
Appendix G: Preferred Alternative
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Delaware 8 Concept Plan and Operations Study Executive Summary D
Item #7.
Executive Summary
Introduction
Route 8 is an important local and regional corridor for Delaware. Within the City of
Dover limits it serves as the primary western gateway into the City. In 1992, the City
adopted a Corridor Overlay Zone on Del. 8 to address both aesthetic and functional
aspects of the roadway. In 2000, the Strategic Development Plan for the West Side
report was prepared which identified strategies to improve the corridor.
The purpose of this project is to conduct a planning level study of Route 8 that will
develop a concept of the corridor as an aesthetic gateway to the west side of Dover and
address the need to provide a safe and efficient traffic flow, accommodate multiple
modes of travel and provide access to the adjacent land uses. In addition, the concept
plan will evaluate land use issues in order to develop strategies to guide future
transportation and land use decisions.
The process followed to develop the concept plan included data collection, analysis,
development of alternatives and the identification of a preferred alternative. A
comprehensive public involvement process was used throughout the project to help
identify issues, develop alternatives and to gain consensus among the stakeholders.
Data Collection
An initial step in the project was to perform data collection. Base mapping was gathered
from 2002 aerial photography. In addition, high resolution digital ortho-imagery was
collected along the corridor. Existing environmental and cultural resources were
identified using research of existing records and mapping and field verification.
Proposed land developments were also reviewed and incorporated into the study. Crash
records throughout the corridor covering a three year period were gathered and reviewed.
Turning movement counts were conducted at each signalized intersection within the
corridor and Automatic Traffic Recorders were placed for two full weekdays. From this
information, existing 2006 peak hour, average daily traffic volumes, and truck
percentages were developed. Utilizing DelDOT' s traffic model, 2030 traffic volumes
were developed. Finally, pedestrian, bicycle and transit facilities were inventoried and
reviewed for compatibility with current standards.
Analysis
The analysis of the existing conditions focused on safety issues, capacity deficiencies,
multi-modal needs, and land use trends.
Safety - There were 132 reported crashes from January 2003 to December 2005.
Clash clusters were identified at Mifflin Road, Kenton Road, Independence
Boulevard, and Saulsbury Road. It was noted that the majority of crashes (55%)
involved injuries. This can be attributed to the fact that 57% of the incidents were
either left turn or angle crashes. This type of crash is related to the
protected/permissive phasing of the signals. Through field observation and the
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Delaware 8 Concept Plan and Operations Study Executive Summary D
Item #7.
public input, it was observed that many drivers violate existing right turn only
access points. While the crash reports did not identify this as statistically
significant problem, it does create an operational problem within the corridor.
Capacity/Level of Service - Capacity and level of service (LOS) analysis is used
to estimate the traffic-carrying ability and quality of service provided by the
roadway facility. A SYNCHRO traffic model was developed for existing and
future (2030) traffic volumes. A LOS analysis was performed to identify existing
capacity deficiencies and future problems under a no-build scenario.
The analysis determined that all signalized intersections have acceptable levels of
service for the existing and future conditions with the exception of Saulsbury
Road and Kenton Road. Saulsbury Road will have a LOS F in the future AM and
PM peak hours and Kenton Road will operate at a borderline LOS E in the future
PM peak hour. In addition, the unsignalized intersection of Forest Street and
Route 8 has an LOS Fin both the existing and future conditions.
Multi-modal - The Route 8 corridor serves a diverse land use that includes retail,
apartments, townhomes and single family residential and institutional uses.
Multiple modes of travel need to be accommodated along the roadway.
Currently, transit service is provided from the downtown area to west of Kenton
Road. Sidewalks exist from Mifflin Road to the east end of the study area. A
bicycle path exists on the north side of Route 8 from Kenton Road to Saulsbury
Road.
The study identified several areas where improvements are needed. Transit
facilities should be enhanced to include bus pads at all stops and shelters at key
points, such as in front of the Modern Maturity center. Sidewalk ramps need to
meet ADA standards and crosswalks and pedestrian signals should be installed at
all signalized intersections. Route 8 is identified in the Statewide Bicycle Plan as
a bike route. However, there are limited facilities. Improvements along Route 8
should include both on road bike lanes and signage and an off road facility from
Artis Drive to Saulsbury Road.
Land Use - Land use along the corridor is characterized by historic commercial
development patterns, recent commercial redevelopment of former commercial or
residential parcels between Mifflin Road and Saulsbury Road, institutional uses
including public schools and residential subdivisions. The trend of
redevelopment of older residential development and lower class commercial
space is anticipated to continue for properties fronting along the corridor between
Saulsbury Road and Kenton Road. Additional lands are planned for development
as well as lands are available for redevelopment.
In 1992, the City of Dover adopted a Corridor Overlay Zone. The COZ is
intended to create a superior urban development. The goals of the COZ are to
foster linkages between the corridor properties and adjacent land; to preserve
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Delaware 8 Concept Plan and Operations Study Executive Summary D
Item #7.
mobility for traffic movement; and to achieve a visually balanced streetscape
environment.
As expected, there are numerous ongoing development proposals within the
corridor. Most significantly, the Capital School District has proposed
constructing a new high school on the Carey Farm east of Artis Drive. The high
school will serve approximately 1800 students. In addition, a cluster of new
developments is occurring at the northwest corner of Saulsbury Road and Route
8. These developments include Doveview, an assisted living facility, Walgreens
drug store and Commerce Bank.
Alternatives
Alternatives were developed based on the analysis of ex1stmg and future no-build
conditions and public input. For the future condition, the analysis assumed that the new
high school was open and that the West Dover Connector had been constructed. The
alternatives include:
Common Improvements
Many improvements are proposed for both Alternatives 1 and 2. These are listed below:
a) Realign Artis Drive to eliminate the skewed angle of the intersection.
b) Add two points of access for the new high school. The western access is
proposed to be unsignalized. The entrance opposite Stoney Drive would be
signalized.
c) Create a new road connection from Route 8 to Artis Drive and Hazlettville Road.
This would function as a local roadway that would serve as the high school' s
western entrance and inter-connect with the new residential development south of
the high school.
d) Create a new road connection from Route 8 to Chestnut Grove Road. This road
would serve to improve the north south grid within the study area. Ultimately it
would help relieve traffic from Kenton Road. Currently, the roadway would
impact land preserved under the agricultural preservation program and would
extend outside both the City and County growth boundary.
e) Change the east-west left turns at Mifflin Road, Kenton Road, Independence
Road and Saulsbury Road intersections to protected only movement.
f) Add an eastbound right turn storage lane @ Mifflin Road intersection.
g) Provide an on-road bike lane through all intersections along Route 8.
h) Install crosswalks and handicap ramps and pedestrian signals at all signalized
intersections.
i) Improve existing shared use path on north side of Route 8 and extend path from
Kenton Road to Mifflin Road.
j) Create two-way connection between McDonalds and Kenton Road Shopping
Center.
k) Add outside shoulders on Route 8 from Mifflin Road to Saulsbury Road.
1) Incorporate landscaping and streetscaping elements into plan.
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Delaware 8 Concept Plan and Operations Study Executive Summary D
Item #7.
m) Create interconnections between properties along Route 8 including from W awa
to Independence Blvd. and Independence Blvd to Bennington Street.
n) Update transit stops with concrete pads and benches.
Alternative 1
a) Construct a shared use path from Artis Drive to Mifflin Road.
b) Construct landscaped median from west of Mifflin Road to Saulsbury Road
c) Add 2nd eastbound left turn lane at Kenton Road
d) Construct a connector road behind the Gateway West Shopping Center connecting
Saulsbury Road with Modern Maturity intersection. The purpose of this road is to
shift the SB left turns from Kenton Road to Independence Road, where more
capacity exists.
e) Alternative la (in addition to Alternative 1 improvements)
o Install additional through lane in both directions on Saulsbury Road
o Reduce the length of the northbound left turn lane to 250'
o Change left turn phasing on Saulsbury Road to Protected/Prohibited
t) Alternative lb (in addition to Alternative 1 improvements)
o Maintain geometry as in Alternate 1 and Protected/Permissive phasing on
Route 8
g) Create connection with Commerce Way and Mifflin Road
h) Install a signal at Forest Street.
Alternative 2
a) Construct sidewalk from Artis Drive to Mifflin Road
b) Construct connector Road between Kenton Road and Independence Blvd
c) Maintain center turn lane from west of Mifflin Road to Saulsbury Road; widen to
create outside shoulder
d) Construct an additional through lane in both directions on Saulsbury and double
left turn bays on both northbound and southbound Saulsbury Road in lieu of new
interconnection to Modern Maturity Center.
e) Construct a roundabout at Forest Street/Route 8 split.
Alternative 3 - No Build
Preferred Alternative
The Preferred Alternative was developed based on the results of the technical analysis,
public input and direction from the Project Advisory Committee. Improvements included
in the Preferred Alternative are as follows:
Artis Drive Realignment - This option would re-align the intersection of Artis
Drive and Route 8 to eliminate the skewed intersection.
High School Access at Stoney Drive - The signalization of the Stoney Drive in
conjunction with the new high school construction and would serve as access to
the new school.
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Delaware 8 Concept Plan and Operations Study Executive Summary D
Item #7.
North-South Connector Roads - A connector road from Route 8 to Chestnut
Grove Road is planned and a connection from Route 8 to Artis Drive and
Hazlettville Road.
Left-Turn Phasing at signalized intersections - This improvement would alter
the existing protected/permissive left-turn phasing to protected/prohibited phasing
at the intersections of Mifflin Road, Kenton Road, Independence Boulevard and
Saulsbury Road.
Eastbound Right-Turn Lane at Mifflin Road - An eastbound right-turn lane at
this location, while not required from a capacity standpoint, was included to
remove turning vehicles from the through travel lanes, improve intersection
safety, and reduce overall delay.
Bike Lanes Through all Intersections - Route 8 is identified as a regional Kent
County bike route by DelDOT; therefore on-road bicycle facilities should be
provided throughout the corridor.
Shoulders along Route 8 - Shoulders will be added to Route 8 throughout the
corridor.
Pedestrian Accommodations at Signals - Pedestrian accommodations at signals
should include, at minimum, high-visibility crosswalks, possibly textured
crosswalks at selected locations, pedestrian push buttons, and pedestrian signal
heads.
Existing Shared-Use Path Improvement- The ex1stmg shared-use path that
extends from Mifflin Road to just east of Saulsbury Road will be improved.
Interconnections between properties along Route 8 - The longer-term
improvement option that should be explored would be a continuous service road
connection between Mifflin Road all the way through to Independence Boulevard.
This would allow local trips to use this service road to access businesses without
the need to use Route 8. As redevelopment occurs the following connections
should be made:
• A 2-way connection between McDonald's and the signal to Kenton
Road.
• An interconnecting street from Independence Boulevard to Mifflin
Road. The street would be a City street and designed to city street
standards.
• An interconnection between Independence Blvd and Bennington
Street.
• An interconnection between Dove View and Modern Maturity
Center
• Interconnection between Heatherfield Way and Stoney Drive; and
Heatherfield and Cranberry Run
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Delaware 8 Concept Plan and Operations Study Executive Summary DItem #7.
Landscaping and Streetscaping elements - Landscaping and urban design
elements should be included with roadway improvements to encourage multi-
modal activity and improve the aesthetics of the corridor.
Transit Stops - Updating transit stops along the corridor include, at minimum,
concrete pads and shelters at all existing bus stops within the study area.
New Entrance to Brandywine Apartments - This improvement would create a
new access point for the Brandywine Apartment complex at Mifflin Road.
Pedestrian Crossing at Forest Street - An unsignalized crossing of Forest Street
in the area of the Route 8 split is proposed to provide a safe crossing for
pedestrians and to allow bicyclists a viable way to continue on eastbound Route 8
through the split at Forest Street.
Shared Use Path - This improvement includes constmcting a 10 foot wide shared
use path from Artis Drive to Mifflin Road.
Landscaped Median - This improvement includes the installation of a 16' wide
landscaped median along DE Route 8 from just west of Mifflin Road to just east
of Saulsbury Road.
Kenton Road - In the area of Kenton Road a combination of improvements are
included in the Preferred Alternative. First, a connector road from Kenton Road
to Independence Boulevard is needed to help divert southbound left turns and
westbound right turns from the Kenton Road/Route 8 intersection. Because the
diversion of traffic to the connector road is uncertain; it is recommended that the
intersection should be widened to accommodate a future 2 nd eastbound left turn
lane.
Connector Road behind Gateway West Shopping Center and Additional
through lane on Saulsbury Road - These improvements are related to one
another as they both are intended primarily to improve operations at the
intersection of Route 8 & Saulsbury Road. By allowing northbound left-turning
vehicles along Saulsbury and eastbound right-turning vehicles along Route 8 to
use a roadway connection behind the Gateway West Shopping Center, they could
avoid this congested intersection.
Signalization of Forest Street/Weston Drive & Route 8 - A signal at the
intersection of Route 8 & Weston Drive would provide better operations and
shorter queues for left-turning vehicles along the Weston/Forest Street approach
to the intersection.
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Delaware 8 Concept Plan and Operations Study Executive Summary DItem #7.
Public Involvement
The development of the concept plan has been a collaborative effort of residents, public
agencies and business owners. A Project Advisory Committee was established at the
outset of the project. The committee consists of representatives from the City of Dover,
Dover Planning Commission, DelDOT, the D/KC MPO, Kent County, Office of State
Planning, Capital School District, local residents, and business owners. The Advisory
Committee provided guidance, input and feedback on the project scope, the data
collection, analysis, and alternatives.
In addition, the public involvement has involved public workshops where the results of
the data collection and analysis were presented. At this workshop, which was held on
February 19, 2007, the public was presented with the analysis which helped define the
needs for the corridor. Potential alternatives were presented for consideration. In
addition, the public was encouraged to describe additional issues or concerns as well as
potential alternatives for consideration.
Based on this workshop and subsequent input from the Project Advisory Committee,
alternatives were developed and analyzed for their effectiveness. The alternatives were
presented at a Public Workshop on August 1, 2007. The final Preferred Alternative is a
combination of improvements from both alternatives. It was developed based on the
input from the public workshop and the Project Advisory Committee.
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DItem #7.
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
2.2.3 Multi-Modal Facilities
In the area from Artis Drive to Mifflin Road, sidewalk does not exist. The exception is a
short segment along the frontage of Cranberry Run. Bicycle traffic utilizes the shoulder.
From Mifflin Road to the east of the study area sidewalk exists on both side of the road. In
most of the areas there is no on-road bike facility. Bicycles are only accommodated on the
shared use path that exists on the north side of the road from west of Mifflin Road to the east
of Saulsbury Road.
Transit is provided along the corridor by DART and several bus stops are located within the
study area. All bus service is provided during weekdays only. A more detailed review and
performance analysis of the existing facilities is discussed later in this report.
2.3 STUDY AREA CHARACTERISTICS
2.3.1 wnd Use
Land use along the corridor is a mix of residential, commercial and institutional uses. As
growth on the western side of Dover has occurred, development along the highway has
evolved from individual residential homes; to a conversion of these homes to small business;
to the current practice of assembling multiple smaller parcels and redeveloping them with
larger commercial establishments.
Existing Land Use Patterns
Lands within the incorporated area of the
city are outlined in the black dashed line
shown in Exhibit 2-5. Please note that small
pockets outlined in the black dashed line
depict areas that have not been annexed and
are subject to land use regulation by Kent
County. The existing farmland located
between Artis Drive and Mifflin Road on the
south side of DE 8 was recently annexed by
the City of Dover.
The corridor is characterized by historic
commercial development patterns, recent
Exhibit 2-5: Existing Land Use
commercial redevelopment of former
commercial or residential parcels between Mifflin Road and Saulsbury Road, institutional
uses including public schools and residential subdivisions. The trend of redevelopment of
older residential development and lower class commercial space is anticipated to continue for
properties fronting along the corridor between Saulsbury Road and Kenton Road. Additional
lands are planned for development as well as lands are available for redevelopment.
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DItem #7.
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Corridor Overlay Zone (COZ)
Land use and transportation recommendations from this study have considered land use and
design regulations for the Corridor Overlay Zone (COZ) for the following purpose:
• to promote superior urban corridor development and the highest quality built
environment;
• to foster coordination and linkages among corridor properties and with adjacent lands;
• to preserve the functionality and efficiency of the roadway for traffic movement; and,
• to achieve a visually balanced streetscape environment which is friendly to the
pedestrian and motorist alike.
The following design standards from the COZ are important in the context of transportation
improvements to support all modes of travel as well as to create a balanced streetscape
environment consistent with land use patterns and characteristics.
• Front yard setbacks that vary based upon locations along the corridor.
• Building placement to maximize use of building fronts along the corridor.
• Location of Parking (primarily to the rear of buildings with some exceptions).
• Shared access, cross access and standards for placement of entrances.
• Landscaped area 25 feet from back of curb in front yard.
• Corridor elevation standards through an architectural review.
The above design standards have been considered when identifying various transportation
improvements.
2 - 18
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DItem #7.
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Transect Concept
The following depicts a transect concept to support transportation planning and design of
context sensitive solutions consistent with the concepts and standards outlined in the City's
COZ. For example, the COZ identifies areas along the corridor consistent with the identified
Study Area Transects with development guidelines that impact public space for various
transportation improvements, as well as creates a multi-modal corridor with opportunities to
create a walkable community. Exhibit 2-6 identifies the various transects consistent with
areas identified in the COZ.
Rural to
Exhibit 2-6: Study Area Transects
(TND - Traditional Neighborhood Development)
The above identified zones provide the basis for support of further
development/redevelopment of the study area applying transportation principles, roadway
classifications and land uses, design guidelines for roadways and pedestrian and bicycle
facilities, design measures to support ordinance/code development (to correctly locate and
design to the appropriate level of intensity land uses and transportation systems), and
measurement of secondary and cumulative affects as well as development of a study process
to support corridor planning. This model utilizes the concept of developing Traditional
Neighborhood Development (TND) as defined by both the transect category and City/County
planning documentation. The concept of zones can be utilized in modular fashion to define
various rural, suburban and urban environments and the appropriate level
development/redevelopment and supported by context sensitive transportation solutions. As
development and redevelopment occurs along the corridor the characteristics of transects
identified above may change (e.g. it is anticipated that the rural and rural to suburban
transects will become more suburban in character). Table 2-4 on the following page further
describes this concept by zone including land use characteristics and existing transportation
improvements for various modes along the Route 8 Corridor within the study area. Each area
is described by general land use categories as well as by transect with respective COZ
Standards. The identified zones will be utilized with analysis conducted through this study to
identify transportation and land use recommendations.
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D Item #7.
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
. fmg G eneraITransport .
T a ble 2-4 : EXIS
Corridor
Section
Speed Traffic
ation andLand Use Ch arac teris
Roadway Cross
. f1cs
Pedestrian Land Use
,1
-.~- :,:'f • ,., --~
,_ - I h:t ~ ~•
Limit Volume Section Facilities Cate2ory . .."I: JiTiTI Fmli 13. =
1 - WB shoulder
Setbacks: 60-80' N O" c
r~
==
Artis Dr. to Mifflin 50 11,100 1 - WB travel lane Farmland/
No sidewalk Curb cuts: 275' 0 "I
Rd mph aadt I - EB travel lane Residential
apart ~ !.
1 - EB shoulder
t, S" ;
1 - WB shoulder Setbacks: 40-60' 'JJ
Mifflin Rd to 40 11,600 Residential
Kenton Rd mph aadt
1 - WB travel lane No sidewalk Curb cuts: 275' =
O"
2 - EB travel lanes apart =
"I
O"
Ill
S/W on both
Kenton Road to 35-
15,500
2 - WB travel lanes
sides (one hot
Setbacks: 40-60' =
N
0
I
Del. 15 (S. 40 1 - Center turn lane Commercial Curb cuts: 105'
Saulsbury Road) mph
aadt
2 - EB travel lanes
mix; one
apart =
t,
concrete)
Del 15 (S. 2 - WB travel lanes Setbacks: 20-30'
25 20,234 S/W on both Commercial/
Saulsbury Road) to 1 - Center turn lane Curb cuts: 105' <:!
mph aadt sides Residential
Gibbs Dr. 2 - EB travel lanes apart ~
;
Transitions from 4 Commercial/
Gibbs Dr. to 25 11,200 lane section to 2 S/W on both Residential/
Setbacks: 20-30' ~
Delmarva RR line mph aadt lane section with sides Institutional
Curb cuts: 105' =
t,
apart
shoulders (school)
Opportunities for Development/Redevelopment
The Future Land Development Opportunities shown in Exhibit 2-7 identify preserved,
undeveloped or underutilized lands and proposed or planned development within and adjacent
to the study area that should be considered when analyzing future land use and transportation
needs as well as determining accessibility, mobility and safety for all modes of transportation
along the corridor. For purpose of this study, opportunity sites are defined as sites that are
undeveloped/vacant, contain dilapidated or deteriorated structures, assessed at some level of
historic significance (historic or potentially historic), and/or underutilized. Opportunity sites
for redevelopment and development will result in transportation impacts on the Corridor and
intersecting streets. Table 2-5 identifies acreages of tracts identified based upon restrictions
and development/redevelopment opportunities.
Ta bl e 2-5 : Deve opmen t/Re d eve opmentO1pportum·r1es andRes t.
rIC f10ns
Summary of Development/Redevelopment Opportunities and Restrictions
Type of Opportunity/Restriction Acres
Permanent Agricultural Preservation 88.8
TOTAL RESTRICTED LANDS 88.8
Undeveloped Lands 45.6
Underutilized Lands 75.5
Proposed Land Developments 247.6
Potential Land Developments 10.7
TOTAL OPPORTUNITIES FOR DEVELOPMENT/REDEVELOPMENT 384.5
2- 20
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D Item #7.
Delaware Route 8
Exhibit 2-7 Future Land Develo ment 0 ortunities
Nol to Scale
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DItem #7.
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Planned developments are shown on Exhibit 2-8. This exhibit depicts the location of planned
developments and the location of proposed ingress and egress to the sites that must be
considered when exploring transportation solutions along the corridor and solutions such
interconnectivity between developments.
Opportunities for Shared and Cross Access
The following are key areas for further evaluation of shared access and cross access
improvements as part of the transportation solutions.
• Modern Maturity and Dove View interconnect
• Wawa east to Independence Boulevard
• Kenton east to Independence Boulevard behind Greentree Plaza
• From Saulsbury Road to signal at Modern Maturity
State, County and City Land Use and Transportation Policies and Projects
According to the State Strategies for Policies and Spending Map, the eastern part of the study
area from Mifflin Road to West Street is located in Investment Level 1. From Artis Drive to
Mifflin Road, the study area transitions from Investment Level 3 to Investment Level 2.
There is one property that has been permanently preserved for agricultural use.
Investment Level 1 areas (shown in red on Exhibit 2-9) are often municipalities or urbanized
places in the state. In these areas state investments and policies are targeted to accommodate
existing development and orderly growth through redevelopment and reinvestment.
Significant new development in the study area, however, is not anticipated. Transportation
improvements in these areas
should provide or enhance
multiple modes of travel, as
well as improve safety and
reduce congestion.
Investment Level 2 areas
(shown in orange on Exhibit
2-9) are less developed area
within municipalities or
rapidly growing areas within
counties that do, or will have
public water and wastewater
Exhibit 2-9: State Investment Levels services and utilities. This
type of areas incorporate a mix of housing types and limited commercial uses as well as
interconnecting roads and bikeways between developments. Significant new developments
are happening in these areas. Transportation project should expand to provide roadways,
public transportation and multi modal facilities.
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DItem #7.
Delaware Route 8
Exhibit 2-8 Pro osed Land Develo ment Patterns
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DItem #7.
Delaware 8 Concept Plan and Operations Study 2: Existing Conditions
Investment Level 3 (shown as yellow on Exhibit 2-9) is defined by areas with existing but
disconnected developments which is not contiguous with existing infrastructure. This area
may also contain high priority agricultural lands directly adjacent to natural areas. The
development of these areas should reflect an orderly, phased and guided policy of
infrastructure investment agreed by both local and state government. Presently any roadway
improvement that is necessary to support new development activities will not be encouraged
in investment Level 3 areas.
The City of Dover's Corridor Overlay Zone (COZ) is a significant planning policy affecting
this corridor. As described above, the COZ is intended to help shape Route 8 into a superior
urban corridor.
There have been numerous transportation studies and projects within the corridor. Various
sections of the corridor have been identified as needing improvements through DelDOT's
Highway Safety Improvement Program (HSIP). Safety related improvements include the
installation of a median barrier west of the Kenton Road intersection to restrict left turns at the
McDonald's entrance. Currently, median barriers and crosswalks are proposed at the
Saulsbury Road intersection. In addition, Kenton Road is being studied for pedestrian
improvements. The study area includes the intersection with Route 8.
Recommendations
Based upon the information and analysis of land use along this corridor, the following
recommendations are provided:
• Development/redevelopment opportunities should target undeveloped and
underutilized sites with an emphasis on assemblage of smaller tracts.
• Building setbacks, scale, use and access should promote pedestrian activity through
establishment of destinations.
• All modes of transportation should be accommodated for all users including special
needs groups and children.
• Development/redevelopment should include design elements that achieve
interconnectivity such as connector roads or drives, continuous streets within
residential subdivisions and shared access for uses with frontage along the corridor.
Cul-de-sacs should be used sparingly in unique situations.
• Streetscapes should provide appropriate pedestrian amenities such as bus shelters,
benches, trash receptacles, street trees, pedestrian scale lighting and wayfinding
s1gnage.
• Crosswalks should be designed with features that address safety needs of special needs
groups and children.
• Intersection improvements must balance pedestrian needs with vehicular needs.
2- 24
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DItem #7.
EXHIBIT "E''
Page 110
Page 111
Item #7.
File: M:IPS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 13-1 Potential Anne~
City of Dover, DE 2019 Comprehensive Plan
Map 13-1: Potential Annexation Areas As Adopted on January 13, 2020
.r"I
..._,.. Dover Boundary
-.r
,...--: M un icipal Boundaries
Roads
- - - Hydrology
Water Bodies
2019 Annexation Plan
Category
,. Category 1 - High Priority
Q Category 2 - Priority
Q Category 3 - Long Term Annexation
Q Areas of Concern
B~ 1u:ccp1~ou ofthJ, msp m:i1crul :,ou ,i;,n Ill 1br i;lkl"q;:Th:, nup nii:cri! J.,
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Page 112
DItem #7.
EXHIBIT ''F"
Page 112
Page 113
Item #7.
File: M:\PS _DATA\201 8_Comp_Plan_Draft_Maps\Comp_Plan_201 8_FINAL_MXDS\Map 12-1 Land Development pc = ]
City of Dover, DE 2019 Comprehensive Plan
Map 12-1: Land Development Plan
O 2 500 5 000 Fee1
L.___J__.J
LEGEND
- - Hydrology
--Roads
Q Dover Boundary
Land Use
GJ Active Agriculture
ii/I Commercial - Entertainment
ii/I Commercial - High Intensity
(:fl Commercial - Low Intensity
ii/I DoverAFB
Industrial
Institutional
~ Mixed Use
ii/I Office
ii/I Open Space, Conservation, Recreation
Public and Private Utilities
Residential High Density
Residential Medium Density
Residential Low Density
By ,ccqnam:e of 1hi1 map mamia l you aci'ft to th,, bUo,..inc: Tlli1 cr.ap inal'(ria l i1
m.ck • n ilab lr by lbt Ciry of DoVff, Inln'Wte " • public 1C't"rice n , mat:ritl i1 fm
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DMsitio
Page 114
City of Dover, DE 2019 Comprehensive Plan
File:M:\PS_DATA\2018_Comp_Plan_Draft_Maps\Comp_Plan_2018_FINAL_MXDS\Map 12-IC Land Development Pc=]i
Item #7.
Map 12-1 C: Land Development Plan As Revised on March 8, 2021
(I 1 SOC• 3 (\OL1 Feet
L___i___L___i__
LEGEND
f.., Dover Boundary
--Roads
---- Hydrology
Land Use
Active Agriculture
Commercial Entertainment
Commercial High Intensity
Commercial Low Intensity
DoverAFB
lndustnal
Institutional
Mixed Use
Office
Open Space, Conservation, Recreation
Public and Private Utilities
Residential High Density
Residential Medium Density
Residential Low Density
Train Track
Water Bodies
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:::u:1uut lllnitlt.! 1:- ~ i d hJ e. Cr? G! Dcii.e. ~ ht,,ltr 'l',i,:h (l?I Page 114
Page 115
DItem #7.
EXHIBIT "G"
Page 115
Page 116
Item #7.
Adopted - 1.13.202c = J
Chapter 12 Land Development Plan
Dover 2019 Comprehensive Plan
RC (Recreational and Commercial)
Commercial - Entertainment
10 (Institutional and Office)
C-2 (Central Commercial) (Downtown Redevelopment
Target Area Only)
C-2A (Limited Central Commercial)
TND (Traditional Neighborhood Design)
C- 1 (Neighborhood Commercial)
C-1 A (Limited Commercial)
RGO (General Residence and Office) (Downtown
Mixed-Use Redevelopment Target Area Only)
R-8 (One Family Residence)
R-10 (One Family Residence)
RG-1 (General Residence)
RG-2 (General Residence)
RG-4 (General Resident - Multi-Story Apartments)
C-3 (Service Commercial)
CPO (Commercial and Professional Office)
10 (Institutional and Office)
M (Manufacturing)
1PM (Industrial Park Manufacturing)
IPM-2 (Industrial Park Manufacturing - Business and
Industrial
Technology Center)
IPM-3 (Industrial Park Manufacturing - Industrial
Aviation & Aeronautics)
C-3 (Service Commercial)
1PM (Industrial Park Manufacturing)
IPM-2 (Industrial Park Manufacturing - Business and
Public and Private Utilities Technology Center)
IPM-3 (Industrial Park Manufacturing - Industrial
Aviation & Aeronautics)
Any zone subject to conditions
Right-of-Way Street, Road and Alley Rights-of-way
10 (Institutional and Office)
Institutional
Institutional uses may be conditionally permitted in
residential zones
CPO (Commercial and Professional Office)
Office and Office Parks 10 (Institutional and Office)
1PM (Industrial Park Manufacturing)
RGO (General Residence and Office)
A (Agricultural)
Active Agriculture
Agricultural uses may also exist in other zones
ROS (Recreational and Open Space)
Open Space
RC (Recreational and Commercial)
Source: Department of Planning and Inspections
2019 Comprehensive Plan Adopted 1.13.2020 Page 12 - 27.:._I_ _ __.
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DItem #7.
EXHIBIT "H"
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DJ Item #7.
PETIDON TO AMEND ZONING DJSTRI T
Public Hearing Before Planning Commission
On June 21, 2021
Owner: Draper Farm Properties, LLC
Address: 1617 Forrest Avenue
Location: North side of Forrest Avenue, east of Cranberry Run Drive
Tax Parcel: ED-05-075.00-01-07. 00-000
5 acres (217,800 SF)
Present Use: Vacant (Previous residence demolished and with associated
agricultural outbuildings and land in cultivation)
Proposed Use: Retail Store & Accessory Use (Convenience Store with Fuel Pumps)
2019 omprehensive
Plan Designation -
Land Use Category: Mixed Use
Present Zoning: R-10 (One-Family Residence Zone) and COZ-1 (Corridor Overlay
Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor
Overlay Zone)
Reason for Regu st: To amend the zoning of the 5.04+/- acre parcel at 1617 Forrest
Avenue, Dover DE 19904 from R-10 to C-2A (while retaining
COZ-1 Overlay).
File Number: Z-21-05
Ordinance Number: 2021-14
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Item #7.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC ReportofJune 9, 2021
Page2
I. APPLICATION SUMMARY
This Rezoning Application is for a parcel ofland consisting of 5.04 acres. The property is zoned
R-10 (One Family Residence Zone) subject to the COZ-1 (Corridor Overlay Zone). The
proposed zoning is C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor
Overlay Zone). The property is located on the north side of Forrest Avenue and adjacent to
Cranberry Run Drive. The owner ofrecord is Draper Farm Properties LLC. Property Address:
1617 Forrest Avenue. Tax Parcel: ED-05-075.00-01-07.00-000. Council District 1. Ordinance
#2021-14.
Existing Property:
The property consisted of 5 .04 acres is located at the northeast corner of Forrest Avenue and
Cranberry Run Drive. The property has frontage of over 750 feet along Forrest Avenue/Route 8
and frontage of over 300 feet on Cranberry Run Drive. The property has a farmstead location
(previous dwelling now demolished) and a series of accessory structures that appeared to have
served as agricultural buildings. A majority of the property has been in agricultural cultivation.
Both street frontages have existing sidewalks and existing curb cuts for the former dwelling
location (from Forrest Avenue) and to the field/ accessory structures (from Cranberry Run Drive).
This application only seeks rezoning of the property from R-10 to C-2A; the COZ-1 (Corridor
Overlay Zone) designation will remain. The applicant is seeking rezoning to allow for future
development of the property. They identified a potential use as a Convenience Store with Fuel
Pump. Under the Zoning Ordinance, the Convenience Store would be considered a permitted use a
retail store and the fuel pumps would be an accessory use requiring Conditional Use approval. The
redevelopment of the site will be subject to a separate application submission.
Previous Application:
This property was subject to a Request during the review process for the adoption of the 2019
Comprehensive Plan. As Request for Changes to DRAFT 2019 Comprehensive Plan - Request
#1, the property owner requested a change in the Land Use Classification (on Land Development
Plan Map 12-1) from the proposed Residential Medium Density Land Use Classification to
Mixed Use or Commercial Land Use Classification. On December 16, 2019, the Planning
Commission recommended (by a vote of 5-2) a Land Use Classification of Mixed Use. Then, the
Land Use Classification Category of Mixed Use for this property was approved by City Council
on January 13, 2020 as part of the review and adoption of the 2019 Comprehensive Plan
document and maps.
Surrounding Land Uses
The surrounding parcels are zoned residential. The properties immediately adjacent on the north
and to the west of the property are zoned R-10 (One Family Residence Zone). This is a
residential subdivision of single family detached dwellings known as Cranberry Run. Adjacent
to the east are properties zoned RM-1 (Residential Medium Density Zone) as another residential
subdivision of Heatherfield consisting of single family detached dwellings and duplexes along
Stoney Drive. There are more residential developments along Forrest Avenue as you move east
until to each the extensive commercial corridor which starts about Mifflin Road and continues
east. Across Forrest Avenue/Route 8 to the south are a series of nine (9) parcels with eight (8)
single family detached dwellings located under Kent County's jurisdiction. Also, to the south
(and surrounding these residences) is the campus of the Dover High School. Access to the Dover
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Item #7.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
Page 3
High School, is via Dover High Drive with its signalized intersection with Forrest Avenue (0.36
miles west of the subject site) and at the campus entrance with HA WK Signal at the intersection
ofHeatherfield Way and Forrest Avenue.
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this
property be used for Mixed Use. Regarding Mixed Use Areas and the Land Use Classification of
Mixed Use, this is discussed in Chapter 12 - Land Development Plan beginning on page 12-7.
The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan
excerpts presented below:
Goals: Mixed Land Use
The overall goals for Mixed Use areas are:
1. Encourage creation of neighborhood centers.
2. Within the close-knit neighborhood fabric there are opportunities for the creation of
urban centers. These centers should be established along major roadways and feature
mixed use development, pedestrian-friendly public environments and opportunities for
connection to future transit.
3. In order to encourage non-automobile access to the center, the activities should be
clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw
upon residents from a number of surrounding neighborhoods.
4. Develop strategies that will encourage the creation of well-defined public street spaces
and pedestrian-friendly village areas that encourage walking and bicycle use. This may
include on-street and behind building parking, and the creation of build-to lines for
new development.
5. Improve access that limits public access to open spaces areas such as pedestrian,
bicycle, and transit networks to parks and natural areas.
6. Encourage the Mixed Use of residential and commercial uses in the Downtown area.
The Comprehensive Plan notes that Mixed Use Areas "can be an area where a new development
should foster walkability and close interactions among activities and uses in a traditional
neighborhood setting." Chapter 9 - Transportation Plan from the Comprehensive Plan identifies
Forrest Avenue/Route 8 as a Minor Arterial Street and the need to focus efforts on improvements
along the Route 8 corridor "that would improve safety, better manage access, reduce
congestions, and provide improved traffic flow." The development and implementation of
strategies for addressing East/West Traffic in the City is Recommendation 7 from that Chapter.
The Rezoning Request to C-2A (Limited Central Commercial Zone) is consistent with the Land
Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019
Comprehensive Plan) specifies that the following zones are compatible with this land use
classification. See the excerpt from Table 12-1 given below. It is noted that Table 12-1 for the
Mixed Use Land Use Category identifies other zoning districts that allow for a mixed of
commercial and residential uses but may be more limiting in the specific types of uses permitted.
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Item #7.
Z-21-05 Lands of Draper Fann Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report of June 9, 2021
Page4
C-2 (Central Commercial) (Downtown Redevelopment Target Area Only)
C-2A (Limited Central Commercial)
TND (Traditional Neighborhood Design)
C-1 (Neighborhood Commercial)
C-1 A (Limited Commercial)
RGO (General Residence and Office) (Downtown Redevelopment Target Area
Only)
Mixed-Use R-8 (One Family Residence)
R-10 (One Family Residence)
RG-1 (General Residence)
RG-2 (General Residence)
RG-4 (General Resident - Multi-Story Apartments)
C-3 (Service Commercial)
CPO (Commercial and Professional Office)
10 (Institutional and Office)
III. ZONING REVIEW
Request for -2A (Limited Central Commercial Zone) Zoning
The types of permitted uses and conditional uses in the C-2A zone are given Article 3 § 14 of the
Zoning Ordinance. See the following code excerpt.
Article 3 Section 14. - Limited Central Commercial Zone (C-2A).
14.1 Uses permitted. No building or premises shall be used and no building or part of a building shall
be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose,
except the following :
(a) Retail Stores
(b) Business, professional or government offices
(c) Personal service establishments.
(d) Restaurants.
(e) Service establishments.
(f) Hotels.
(g) Places of public assembly.
(h) Drive-throughs.
(i) One family residences, including attached and semi-detached dwellings, complying with
the bulk standards of the RG-1 (General Residence) zone.
U) Apartments and multi-family dwellings
14.2 Conditional Uses. The following uses are permitted, conditional upon the approval of the
planning commission in accordance with the procedures and subject to the general conditions set
forth in article 10, section 1:
(a) Parking lots and parking structures as a principal use on suitably landscaped lots.
(b) Fuel pumps accessory to a permitted use.
14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than off
street parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor
eating areas associated with restaurants and outdoor sales areas approved by the city planner.
14.4 Performance standards. All uses are subject to performance standards as set forth in article
§, section 8. 1.
14.5 Site development plan approval. Site development plan approval in accordance with article
1.Q, section 2 hereof shall be required prior to the issuance of building permits for the erection or
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Item #7.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
Page 5
enlargement of all structures and prior to the issuance of certificates of occupancy for any change
of use.
COZ- 1 (Corridor Overlay Zone)
The provisions of the COZ-1 (Corridor Overlay Zone) are established to "promote superior
urban corridor development and the highest quality-built environment." There are a series
architectural, parking, and landscaping guidelines that would be required by the COZ-1 zoning
district, if development of the property is proposed. The purpose and requirements of the COZ-1
(Corridor Overlay Zone) are given in Article 3 §27 of the Zoning Ordinance. See the following
code excerpt.
Article 3 Section 27. - Corridor Overlay Zone 1 (COZ-1)
27.1 Purpose. The corridor overlay zone (CO2) 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:
(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;
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Item #7.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
Page6
(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
.1.Q, 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:
a. Front yards.
i Residential Nonresidential
~
Max.
Min.
1·60' to 8(Y
-~ ·-Min. Max.
-----
McKee/Saulsbury 40' to 50' *
IRoute 8-Artis Drive to Mifflin Road 60' to 80' None
! =te 8-Mifflin Road to Saulsbury
40' to 60' 40' to 60' *
ad
' 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.
CJ
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Item #7.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
Page7
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.
(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
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Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
CJ
Item #7.
Page8
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:
r -- -
Speed Limit IMaximum Spacing (Ft.)
'125 105
,---
30 125
J35 1150
~ 185
45 230
'so
-
--
275 I
(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.
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
CJ
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Item #7.
Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report ofJune 9, 2021
Page9
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.
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.
CJ
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Item #7.
Z-21-05 Lands of Draper Fann Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report of June 9, 2021
Page 10
(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 C-2A (Limited
Central Commercial Zone). The property would remain subject to the COZ-1 (Corridor Overlay
Zone). The permitted uses allowed in the current zoning district ofR-10 focus on residential
uses as one-family detached residences and also provides the ability for consideration of
conditional uses for places of worship, schools, and certain other institutional types uses . The
proposed Rezoning to C-2A zone is a zoning district offering a mix of uses. For the C-2A zone,
the range of permitted uses that are commercial uses include retail, office, personal service &
service establishments, restaurants, and places of public assembly. The C-2A zone also includes
permitted uses that are residential in nature including one-family residences (detached dwellings
and duplex units), apartments and multi-family dwellings (more than 2 dwelling units in same
building). The C-2A zone also includes conditional uses (uses subject to specific review for
approval) for parking lots/structures and for fuel pumps as accessory to a permitted use.
Staff recommends that the rezoning for C-2A (Limited Central Commercial Zone) while retaining
the COZ-1 (Corridor Overlay Zone) be granted as requested, as the proposed zoning is consistent
with the 2019 Comprehensive Plan (as amended) for the Mixed Use Land Use Classification
Category. Staff also recommends that the property remain subject to the COZ-1 (Corridor
Overlay Zone) due to its frontage on Forest Street. 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 COZ-1 includes a number of additional buffers/setbacks,
landscaping enhancements, and site layout design requirements. This area is part of the gateway
leading into the City of Dover and is also along a key west-east corridor in the transportation
system. The area is a transition from the rural areas west of Dover as the corridor becomes
residential and then a more heavily commercial area as it moves towards the central core of the
City. However, given the residential character surrounding this subject property, a different
zoning district allowable by the Land Use and Zoning Matrix could also be considered that would
allow for smaller scale community activity in this portion of the corridor to serve the local
residential area.
Page 127
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Z-21-05 Lands of Draper Farm Properties at 1617 Forrest Avenue (5-Acre parcel)
DAC Report of June 9, 2021
Page 11
DItem #7.
This Rezoning Request does not grant approval of a specific use for the property but makes its
land use subject to a listing of uses permitted and potential conditional uses as allowed in the
C-2A zoning district. Staff again notes that any potential development for the site would have to
be in line with the zoning classifications 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 for review for any use of the site to
be established.
Staff notes that the parcel proposed for Rezoning meets the 100-foot lot depth requirement of the
C-2A zone. Any non-conformity of the existing buildings' uses and placement regarding the bulk
standards of the C-2A and COZ-1 would be subject to the provisions of the Zoning Ordinance,
Article 7 - Nonconforming Buildings and Uses. Any development of the property once zoned
C-2A with the COZ-1 would be subject to the bulk standards and provisions and the review
processes for site development.
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.
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 Record Plan approval. Following any decision made by City Council in
regard to this rezoning, then an application for a Site Plan, Subdivision Plan, and/or
appropriate Building Permits must be submitted to the Planning Department prior to the
establishment of a use, development activity, or any construction activity on the site. The
applicant should contact the Planning Staff to determine the appropriate review process for
any proposed projects.
2) The property is subject to the requirements of the COZ-1 (Corridor Overlay Zone) related to
development.
3) The applicant shall be aware that approval of any rezoning application does not represent a
Building Permit, Sign Permit or other construction activity permit approval. A separate
application submission is required before issuance of permits by the City of Dover.
4) The applicant shall be aware that any future use of the existing structures may be subject to a
separate permitting or licensing process through the City of Dover Licensing and Permitting
Division. All businesses operating in the City of Dover are required to obtain a City of Dover
Business Licenses. Certain types of uses also require a Public Occupancy Permit or Rental
Dwelling Permits.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Office as soon as possible.
Page 128
Page 129
Item #7.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 2, 2021
APPLICATION: Lands of Draper Farm Properties at 1617
Forrest Avenue
FILE#: Z-21-05
REVIEWING AGENCY: City of Dover Department of Public Works
CONTACT PERSON: Sharon J. Duca, P.E.
CONTACT PHONE#: 302-736-7025
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 AND STATE CODE REQUIREMENTS:
STORMWATER I STREETS I SANITATION
1. None.
GENERAL
1. Our office has no objection to the rezoning of tax parcel ED-05-075.00-01-07.00.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES:
STORMWATER I STREETS I SANITATION I GENERAL
1. None.
ADVISORY COMMENTS TO THE APPLICANT:
STORMWATER I STREETS I SANITATION I GENERAL
1. None.
IF You HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING
DEPARTMENT AS SOON AS POSSIBLE.
CJ Page 129
Page 130
Item #7.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 2, 2021
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
FILE#: Z-21-05
REVIEWING AGENCY: City of Dover Department of Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE#: 302-736-7025
CONTACT PHONE#: jlyon@dover.de.us
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE (ODE REQUIREMENTS
WATER/ WASTEWATER
1. Our office has no objection to the rezoning of tax parcels: ED-05-075 .00-01-07.00-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
WATER/ WASTEWATER/ GENERAL
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 / main to this site based upon the use including any necessary
system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at
that time. (Please note that each water meter registered with the City of Dover must have a separate service line.) Should the
existing water and sanitary sewer services no longer be required based upon the proposed use, they must be properly
abandoned at the mains in accordance with all City of Dover Water/ Wastewater Handbook.
2. Any redevelopment shall adhere to the City of Dover Water / Wastewater Handbook.
3. Please note that renovations and or change of use projects must ensure that the water and wastewater service is brought up to
current requirements . This may include relocating the water meter outside or changing service line sizes. Please ensure you
schedule a meeting with the Department of Water & Wastewater during the planning phase for this site. Additional impact fees
may apply for future development.
ADVISORY COMMENTS TO THE APPLICANT
WATER/ WASTEWATER/ GENERAL
1. None
IF You HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE
PLANNING DEPARTMENT AS SOON AS POSSIBLE.
Page 130
Page 131
Item #7.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JUNE 2, 2021
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
FILE#: Z-21-05
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Paul Waddell, Electric Director
CONTACT PHONE #: 302-736-7072
CONTACT EMAIL#: pwaddell@dover.de.us
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-075.00-01-07.00.00-000.
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 :ljevogov.s3 .amazo naws. com/ medi a/2 7/medla/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
IF You HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT
PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.
Page 131
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-
1_,05 C I Item #7. I
I
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CITY OF DOVER r 6
DEVELOPMENT ADVISORY COMMITTEE 0 M
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APPLICATION REVIEW COMMENTARY
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D.A.C. MEETING DATE: 06/02/21
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APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
ILE #: Z-21-05 REVIEWING AG ENCY: 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 ODE REQUIREMENTS :
1. This is a rezoning request. 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, Ara/Jic numerals,
all numbers shall be Arabic numerals.
Multiplc,Jamily 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
Page 132
Page 133
Item #7.
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 sha.11 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)
APPLICABLE ODES LISTED BELOW ( OT UMlTED T ):
2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2015 NFPA 101 Ufe Safety Code (NFPA; National Fire Protection Association)
2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2013 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
2015 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.
D
Page 133
Page 134
Item #7.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
0
T
APPLICATION: Draper Farm (1617 Forest Avenue)
FILE#: Z-21-05 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
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 comments to the rezoning.
2. At such time the property develops it shall be submitted to DelDOT. At that time
schedule a pre-submittal meeting to begin the process.
D
Page 134
Page 135
KENT CONSERVATION DISTRICT DJ
Item #7.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 1990 I• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
June 2021
APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue
FILE#: Z-21-05
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens PHONE #: 302-608-53 70
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY
AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORlTY AND AREA OF
EXPERTISE. THE FOLLOWING ITEMS HA VE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO
BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
ITY AND STATE ODE 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.
Page 135
Page 136
City of Dover
Department of Planning & Inspections
Application No.: Z-21 - • Item #7.
Tile: Lands of Draper Farm Properties LLC
Ordinance #: 2021-14
Addresses: 1617 Forrest Avenue Legend
Parcel ID:
Existing Zoning:
ED-05-075.00-01-07 .00-000
R-10 One-Family Residence Zone
COZ-1 Corridor Overlay Zone
Proposed Zoning: C-2A Limited Central Commercial Zone
COZ-1 Corridor Overlay Zone
+·
G
O
Subject Property
2012 Buildings
zoning
Owner: Draper Farm Properties LLC D Dover Parcels
Date: 05/13/2021
- Corridor Overlj::l.lL..<u.JJ.J.t::...J....,
250 500 Fool Page 136
Page 137
D Item #7.
OWNER OF RECORO: ORAPER FARM PROPERTIES, LLC
23ZION ROAD
SMYRNA, DE 19977
ENGINEER: BECKER MORGAN GROUP INC.
309 SOUTH GOVERNORS AVENUE
OOVER, DE 19904
(302) 7 43 • 7950
PROPERTY MAP NUMBER: 2-05-0750~1-0700-00001
ZONING CLASSIFICATION: EXISTING: R-10 - ONE FAMILY RESIDENCE ZONE
PROPOSED: C ·2A • LIMITED CENTRAL COMMERCIAL ZONE
OEEO SUMMARY: 9233 - 0253 & 7548 - 0312
PRESENT USE: VACANT RESIDENTIAL HOME
PROPOSED USE: CONVENIENCE STORE WITH GAS PUMPS
TOTAL SITE AREA 5.00ACRES±
SOURCE OF WATER: CITY OF DOVER
ARCHITECTURE 2021070.00
FORREST AVENUE ENGINEERING
BIAG:
•
SCALE: 1.. = 150'
REZONING EXHIBIT Dover, DE DATE: 05/06/2021
' 309 S, Governors A vc DRAWN BY: A .C.F .
Dover, DE I 9904
CITY OF DOVER Ph 302.734.7950
KENT COUNTY, DELAWARE Fa. 302 734.7965 1 70
F:\AutoCAD\Projed.s\2021\2021070\DWG\2021070-AERIAL dwg, May 07, 2021-
Page 137
Page 138
DItem #7.
TAB2
Page 138
Page 139
DItem #7.
REZONING APPLICATION #Z-21-05
IS AN ENTIRELY DIFFERENT ANIMAL THAN
REZONING APPLICATION #Z-21-03
Rezoning Application #Z-21-03 Rezoning Application #Z-21-05
-The actual end user/use was known -The actual end user/use is unknown
Dover Interfaith Mission for Housing ????????
Apartment Shelter for the Homeless 1 ????????2
-The proposed use was not compatible -The proposed zoning(C-2A) is
with surrounding uses compatible with surrounding uses
Ample Evidence of Zero Evidence of
Conflicts with Neighboring Properties Conflicts with Neighboring Properties
Proposed Use Did Not Serve Limited Central Commercial
Purposes of the Downtown Development Uses Suitable and Appropriate
District Along Route 8 Corridor
-The location of the proposed use -The location of the proposed use
would have violated state law does not violate any state law
Sex Offenders Not Permitted
Within 500 Feet of a School No Unlawful Use
11 Del. C. § 1112(a)(l)
-The proposed use was inconsistent -The proposed use is consistent
with the Comprehensive Plan with the Comprehensive Plan
Proposed Use Conflicted With
Downtown District Revitalization See Table 12-1 of the Plan
See page 12-8 of the Plan
1 No additional conditional use approval required .
2 l[pursued, a convenience store with fuel pumps would require additional conditional use approval.
Page 139
Page 140
COUNCIL COMMITTEE OF THE WHOLE
D Item #8.
The Council Committee of the Whole Meeting was held on August 10, 2021 at 6:00 p.m., with Council
President Sudler presiding. Members of Council present were Mr. Anderson (departed at 7:58 p.m.),
Mr. Boggerty, Mr. Neil, Mr. Hare, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Civilian members
present for their Committee meetings were Mr. McCutchen (Utility), and Mr. Contant and Mr. Shevock
(Legislative, Finance, and Administration). Mr. Shelton (Safety Advisory and Transportation) was absent.
COUNCIL COMMITTEE OF THE WHOLE
Adoption of Agenda
Mr. Anderson requested the addition of an Update on the Partnership Between the Delaware National Guard
Innovative Readiness Training (IRT) and the City of Dover to Provide Healthcare Delivery Services to the
agenda.
Mr. Matt Harline, interim City Manager, requested the addition of Presentation of New Staff to the agenda.
Mr. Anderson moved for adoption of the agenda, as amended, seconded by Mr. Neil and unanimously
carried.
Mr. Anderson stated that as the final day of the Innovative Readiness Training (IRT) wrapped up,
approximately 3,200 patients had been seen which met the goal, most of them being Delawareans and people
from the area. He noted that there were 1,217 dental patients, over 2,000 eyeglasses provided, 18,050
medical procedures averaging about 5.6 per patient, and over $1.3 million in fair market value services
provided. Mr. Anderson thanked everyone who took time to make the event a success.
Mr. Harline, Interim City Manager, introduced Mr. Chase Barnes, a Master’s in Public Administration
Student from the Biden School of Public Administration at the University of Delaware, as the City’s summer
intern. He explained that Mr. Barnes had worked on a number of projects in his time with the City, including
the different ways to handle the Tax Assessor’s Office.
Mr. Barnes thanked City staff and Council for the opportunities he had working with the City.
Responding to Mr. Taylor, Mr. Barnes stated that he felt the most impactful project he had worked on with
the City was the water bill adjustment policy which he thought would be beneficial to both customers
receiving water from the City of Dover but also for the City in terms of revenue.
Mr. Harline thanked Mrs. Patricia Marney, Customer Service Director, and Ms. Lori Peddicord,
Controller/Treasurer, for mentoring and working directly with Mr. Barnes.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Page 140
Page 141
COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021 PAGE 2
D Item #8.
Update to the City of Dover Water Master Plan (Jason Lyon, Water and Wastewater Director)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background and analysis regarding the City
of Dover Water Master Plan.
Staff recommended acceptance of the Water Master Plan and to utilize as a guide for the future of the water
utility.
Mr. Andy Cooper, Whitman, Requardt, & Associates introduced Mrs. Allyson Merola, Whitman, Requardt,
& Associates.
Mrs. Merola reviewed the report provided by Whitman, Requardt, & Associates.
Responding to Mr. Anderson, Mrs. Merola stated that to clean the pipes, a large scrapper would be pulled
through them to scrape off the tuberculation, then a cement or epoxy lining would be sprayed inside of the
pipes. She explained that if the pipes were still in good working condition and structurally sound but have
corrosion, essentially they would line it which would provide a barrier between the cast iron and the water.
Responding to Mr. Boggerty, Mrs. Merola stated that the lines they were suggesting for cleaning and lining
were the ones that were adequately sized. She noted that the pipes that were undersized should be replaced.
Mrs. Merola explained that an additional pipe could be added inside to reduce the diameter, but the cement,
concrete spray, or epoxy would only provide a barrier, it would not reduce diameter.
Responding to Mr. Boggerty, Mrs. Merola stated that cement was less expensive than epoxy but the main
savings would be on construction. She noted that while valves would still have to be replaced, pits would
just have to be opened to access pipes versus having to dig up an entire street.
Responding to Mr. Taylor, Mr. Lyon stated that it was hard to define if the hydraulic modeling was cost-
effective because it would require dumping some water which the City had paid to be treated, but he and the
Whitman, Requardt, & Associates team were looking into different alternatives.
Responding to Mr. Taylor, Mr. Lyon stated that staff was currently in the process of replacing four inch
lines. He noted that the current standard was eight inches. Mr. Lyon explained that it would be a fool’s
errand to clean the current lines. He stated that they would consider cleaning a larger pipe in the 20-year plan
presented. Mr. Lyon noted that when a pipe was scraped clean it would be isolated, cleaned out, given a
smooth receiving pipe, and realigned, it would not go into the distribution system.
Responding to Mr. Sudler, Mrs. Merola stated that they had not looked at chemical interactions, however,
it was something that underneath water quality evaluations may be worth looking into. She noted that before
moving into an analysis like that it would be good to monitor complaints once the water treatment plant was
up and running on a daily normal basis to see if there was a change in complaints with the upgraded system.
Responding to Mr. Sudler, Mrs. Merola stated that chemical interactions had been a contributing factor in
other municipalities but they had not specifically looked at it in this case, they had primarily looked at water
age. She noted that was suggested that they look at chemical interaction as an evaluation for the future but
she suggested seeing what happened once the treatment plant was running.
Page 141
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021 PAGE 3
D Item #8.
Responding to Mr. Rocha, Mrs. Merola stated that the current industry standard for pipes was either
polyvinyl chloride (PVC) or ductile iron pipe which was cement lined. She noted that there were advantages
and disadvantages to both materials.
Responding to Mr. Neil, Mrs. Merola stated that there was no danger to asbestos pipes if they were in good
working condition and adequately sized. She noted that if they were to be replaced they would require typical
asbestos requirements.
Responding to Mr. McCutchen, Mrs. Merola stated that the turnaround time for cleaning would depend on
the length of the pipeline planned for cleaning. Mr. Cooper advised that a couple of hundred feet could be
cleaned per day.
Responding to Mr. McCutchen, Mrs. Merola and Mr. Cooper stated that the water supply would be
temporarily affected in areas being cleaned but temporary service connections could be provided for affected
residents.
Responding to Mr. Anderson, Mr. Lyon stated that there was an itemized list of locations that needed to be
replaced or cleaned, if they were given additional funding they would be able to shift those projects up. He
noted that they would not be able to replace everything immediately if they were given unlimited funding
due to lack of manpower and the disruption it would cause for residents, so the work would need to be
balanced. Mr. Lyon explained that with more funding, optimally they could accomplish three miles a year,
which was better than what they were currently doing.
Mr. Neil moved to recommend acceptance of the Water Master Plan and to utilize as a guide for the
future of the water utility, as recommended by staff. The motion was seconded by Mr. Anderson and
unanimously carried.
Mr. Anderson moved for adjournment of the Utility Committee meeting, seconded by Mr. Hare and
unanimously carried.
Meeting adjourned at 6:53 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Review of Pension Equity Concerns between Deceased and Disabled Employees (Kim Hawkins,
Human Resources Director)
Mrs. Kim Hawkins, Human Resources Director, reviewed the background and analysis regarding the review
of pension equity concerns between deceased and disabled employees.
Staff recommended consideration of Councilman Anderson’s recommendation.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021 PAGE 4
D Item #8.
Responding to Mr. Contant, Mrs. Hawkins stated that Mr. Robert Carson’s was the first case of this kind.
Responding to Mr. Contant, Mrs. Hawkins stated that there would be some type of impact to the General
Employee Pension Plan fund by making the proposed change but they did not know what kind of change
it would be. She noted that Ms. Lori Peddicord, Controller/Treasurer, had stated that she did not know how
an actuary would price it out. Mrs. Hawkins explained that the surviving spouse would be eligible to
continue their healthcare so that would impact the Other Post-Employment Benefits (OPEB) fund as well
but they were not able to determine what the impact was.
Responding to Mr. Lindell, Mrs. Hawkins stated that she had not researched how other municipalities treated
this situation but she would say the City of Dover was a pioneer in this consideration.
Mr. Boggerty moved to recommend approval of staff's recommendation, seconded by Mr. Rocha and
unanimously carried.
Elimination of the City Assessor’s Position (Patricia Marney, Customer Service Director)
Mrs. Patricia Marney, Customer Service Director, reviewed the background and analysis regarding the
elimination of the City Assessor’s position.
Staff recommended not eliminating the Assessor’s position but amending the City Ordinance Chapter 102 -
Taxation, and leaving the Charter in tact as was currently written.
Responding to Mr. Rocha, Mrs. Marney stated that it was her recommendation not to eliminate the City
Assessor’s position because it would offer more flexibility in the future. She noted that the City would not
hire a new Assessor at the present time, but instead would keep the position open and the Interim City
Manager would be responsible for the duties or for delegating those duties.
Responding to Mr. Rocha, Mrs. Marney stated that Tyler Technologies would be the contractor that handles
the assessments and the day-to-day operations would be under the City Manager’s direction.
Responding to Mr. Boggerty, Mrs. Marney stated that staff would not be doing the assessment but would
be handing the day-to-day administrative tasks. She noted that the majority of the tasks fell under the current
Assessor’s job duties. Mrs. Marney explained that there was an Assessor’s assistant that handled a lot of the
work, but some would fall on whomever the City Manager delegated it to.
Mr. Harline stated that the plan was for Ms. Annette Hart, Administrative Assistant to the Tax Assessor, to
continue her job as usual but she would now report to Mrs. Marney. He noted that Mrs. Marney would be
taking on a little more responsibility.
Mr. Boggerty questioned if Mrs. Marney was getting additional duties could or should she request additional
compensation.
Responding to Mr. Boggerty, Mr. Harline stated that in the previous salary study Mrs. Marney was
recommended for a pay increase but she was not trying to get more money for this presently. He noted that
all of the licensed assessment work would still be done by a licensed assessor and the only added burden to
Mrs. Marney would be administrative.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021 PAGE 5
D Item #8.
Responding to Mr. Contant, Mr. Harline stated that the Code changes had been submitted to Mr. Nicholas
Rodriguez, City Solicitor, for review but he had not received a response prior to the meeting.
Mr. Lindell moved to recommend not eliminating the Assessor's position but amending the City
Ordinance Chapter 102 - Taxation, and leaving the Charter in tact as was currently written, as
recommended by staff, pending the outcome of the City Solicitor’s report. The motion was seconded
by Mr. Boggerty and unanimously carried.
City of Dover Impact and Permit Fees - Capital School District (Matt Harline, Interim City Manager)
Mr. Matt Harline, Interim City Manager, reviewed the background and analysis regarding the City of Dover
Impact and Permit Fees for Capital School District.
Staff recommended that City Council charge the existing fees as prescribed in Code.
Responding to Mr. Sudler’s concerns, Mr. Harline provided the following information:
• He believed the City should require an impact fee and building fee in concurrence with Title 14 of
the Delaware Code Chapter 20 subsection 2006(b)(1).
• That building permits and the amount of money required to provide inspections and support, as well
as the possibility of revenue collection were linked to the direct fees.
• They did not currently have a dollar-for-dollar/hour-for-hour analysis of the staff in the Planning and
Inspections Department.
Mr. Adewunmi Kuforiji, Capital School District Interim Assistant Superintendent/Chief Financial Officer,
reviewed Capital School District’s request for more reasonable impact and permit fees based on Title 14 of
the Delaware Code.
Responding to Mr. Sudler, Mr. Kuforiji stated that they had not received the cost breakdown from City staff
yet. He stated that Capital School District did not have any formal documentation of an expert opinion that
led them to the analysis that the fees should be much less than the figure provided to them.
Responding to Mr. Shevock, Mr. Kuforiji stated that Capital School District was working on their 10-15 year
Facilities Master Plan. He noted that when the middle school was completed they planned to move students
from Fairview Elementary and East Dover Elementary over to Central Middle School which would become
an elementary school. He noted that it was his understanding of the Code that there should not be any
additional fees because additional users were not being added, students were just being moved around.
Responding to Mr. Sudler, Mr. Kuforiji stated that they determine additional users by higher enrollment. He
noted that in the past year enrollment had gone down due to COVID-19 but enrollment would come back
up which was an easy calculation to make because it was a published number.
Responding to Mr. Contant, Mr. Harline confirmed that the City only had one chance to collect an impact
fee for this project.
Page 144
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021
D
PAGE 6
Item #8.
Responding to Mr. Contant, Mr. Kuforiji stated that Capital School District did not pay any property taxes
to the City because it was a government entity.
Responding to Mr. Boggerty, Mr. Anderson stated that in order for City Staff to reduce any fees established
by City Council it required permission of City Council.
Mr. Hare moved to recommend referring the item back to staff and allow a recommendation of
negotiation based upon the maximum allowable fee by law to be brought back before the Committee
on September 28, 2021. The motion was seconded by Mr. Neil and unanimously carried.
Fiscal Year 2022 Fund to Combat Violent Crime Grant (Thomas Johnson, Police Chief)
Mr. Thomas Johnson, Police Chief, reviewed the background regarding the Fiscal Year 2022 Fund to
Combat Violent Crime Grant.
Staff recommended approval of the grant and intended purchases.
By unanimous consent, the Committee recommended approval of staff’s recommendation.
Fiscal Year 2021 Edward Byrne Justice Assistance Grant Program - Joint Grant with Kent County
(Thomas Johnson, Police Chief)
Mr. Thomas Johnson, Police Chief, reviewed the background regarding the Fiscal Year 2021 Edward Byrne
Justice Assistance Grant Program.
Staff recommended approval of the grant project as requested.
Mr. Hare moved to recommend approval of staff’s recommendation. The motion was seconded by
Mr. Contant and unanimously carried.
Fiscal Year 2021 Body-Worn Camera Policy and Implementation Program to Support Law
Enforcement Agencies Grant Program (Thomas Johnson, Police Chief)
Mr. Thomas Johnson, Police Chief, reviewed the background regarding the Fiscal Year 2021 Body-Worn
Camera Policy and Implementation Program to Support Law Enforcement Agencies Grant Program.
Staff recommended approval of the grant project as requested.
Responding to Mr. Anderson, Chief Johnson stated that the Police Department would be under formal
contract with Axon Enterprises, Inc. by the end of August. He noted that Axon had agreed to hold off on
invoicing and shipping the product to allow the grant exercise in item #7 to take place. Chief Johnson
explained that the early estimates were that the Police Department would receive notification by the first
week of October. He stated that once the award was announced, they would be able to start the process of
invoicing and shipping the product. Chief Johnson noted that after the product arrived it would be a matter
of training, orientation, and transition to make sure they were ready for the data that the cameras would
provide. He stated that sometime between Thanksgiving and Christmas the cameras would be 100% live.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021 PAGE 7
D Item #8.
Responding to Mr. Neil, Chief Johnson stated that by allowing the Police Department to follow the path of
grants, the overall cost to City of Dover taxpayers over the lifetime of the contract had been cut by
approximately under $200,000.
Responding to Mr. Taylor, Chief Johnson stated that a separate grant would be coming before the Committee
in the near future regarding clinicians.
Responding to Mr. Sudler, Chief Johnson stated that when the Police Department honed in on Axon, they
saw an opportunity to move some responsibilities around to existing sworn staff, so they were only hiring
one individual. He noted that Mr. Frank Grosso had been promoted to Evidence Manager at the beginning
of the Fiscal Year and they planned to replace his previous position of Evidence Technician once they had
a solid timeline on the grant award at the Federal level. Chief Johnson explained that the plan was to fill the
position with a 30 to 40-day lead-in window before the program went live to allow time to train the
individual.
Responding to Mr. Sudler, Chief Johnson stated that the single individual to be hired would be filling the
vacant Evidence Technician position at the current rate under personnel policy which he believed included
a five-year examination of salary, benefits, and post-employment benefits.
Mr. Hare moved to recommend approval of the grant project as requested, as recommended by staff.
The motion was seconded by Mr. Neil and unanimously carried.
Mr. Hare moved for adjournment of the Legislative, Finance, and Administration Committee meeting,
seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:56 p.m.
SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried.
Proposed Resolution No. 2021-21 - Establishing that the Safety Advisory and Transportation
Committee Shall Serve as the Bicycle Pedestrian Committee for the City of Dover (Councilman Ralph
Taylor, Jr.)
Mr. Matt Harline, Interim City Manager, reviewed proposed Resolution No. 2021-21 to Establish that the
Safety Advisory and Transportation Committee Shall Serve as the Bicycle Pedestrian Committee for the City
of Dover.
Responding to Mr. Neil, Mr. Harline stated that the proposed resolution referred to a subcommittee of the
Safety Advisory and Transportation Committee which was a subcommittee of the Council Committee of
the Whole.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF AUGUST 10, 2021
D Item #8.
PAGE 8
Responding to Mr. Lindell, Mr. Harline stated that Councilman Taylor would be the subcommittee Chair
and that if the Committee was to create ad hoc committees of the body, the Committee would give some type
of designation for the Chair to create an ad hoc committee and would still have to approve it.
Mr. Hare moved to recommend adoption of Proposed Resolution No. 2021-21, seconded by Mr. Sudler
and unanimously carried.
Mr. Hare moved for adjournment of the Safety Advisory and Transportation Committee meeting,
seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 8:02 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole meeting. The motion was
seconded by Mrs. Arndt and unanimously carried.
Meeting adjourned at 8:03 p.m.
Roy Sudler Jr.
Council President
RS/JS/mr
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2021\08-10-2021 CCW MINUTES.wpd
Page 147
Page 148
Item #17.
Monthly Report
July 2021
Office of City Assessor
Page 148
Page 149
Item #17.
ASSESSOR’S REPORT
r---
r-- - - - - - - - - - - - - - - - - - - - - - - - - - -~ - ~
Number of Deeds Stamped for
r--;:===========================-- ----,
40
I
the Month of July 2020/2021
29
34
I Transfer Tax Dollar Amount for
the Month of July 2020/2021
$200
Thousands
26 $126
30 21 21 22 $84 $44
$100
20 $34 $39 $61 $0$0
10 1 1 0 0 2020
$0 - 7 • 2020
0 2021 • 2021
First Time Buyer for the Month July 2020/2021 Realty Property
of July 2020/2021 Sales in Dollars Received Prior
to Recording
40 34
29 $8
26 $10
30 $6 $6 $5
Millions
21 • Res. Non‐First $4
$5 $3
Time Buyers $0 $0 • 2020
20
$0
10 • Res. First Time • 2021
Buyers
0
2020 2021
Major Updates
May ‐ 21 June ‐ 21 July ‐ 21
Assessment Change ‐$6,282,100 ‐ $4,712,800 $1,712,800
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
42 $7,952,300 $10,755,905 0.74 1.03
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 #17.
ASSESSOR’S REPORT
Points of Interest
Scanning & Filing
‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval.
‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
‐ All old property record cards are being scanned and indexed into DocuWare.
Assessor’s Office
‐ FY2021‐2022 Tax Bills were generated, printed, sorted, and mailed.
2
Page 150
Page 151
Item #17.
AUG 23, 2021 CITY OF DOVER PAGE: 1
11:11 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-056.20-01-33.00 18 R10 184 MAPLE GLEN DR 1 14 2002 1 2111 B- AV 239,700 28-JUL-21 383,000 .63
ED05-066.16-02-23.00 3 R10 40 MAPLE DALE RD 1 5 2003 2 2618 A- AV 305,600 15-JUL-21 240,000 1.27
ED05-067.09-02-08.00 3 R10 268 TROON RD 1 5 1987 2 3364 A- VP 203,700 21-JUL-21 408,000 .50
ED05-067.12-03-26.00 8 R10 953 SILVER LAKE DR 1 13 1983 1 1764 B GD 172,000 22-JUL-21 295,105 .58
ED05-067.14-03-32.00 2 R10 130 OLD FORGE DR 1 13 1975 2 1443 C- AV 126,600 09-JUL-21 153,900 .82
ED05-067.15-01-03.00 2 R10 46 VILLAGE DR 1 13 1974 2 1273 C- AV 109,600 09-JUL-21 98,000 1.12
ED05-067.15-01-50.00 2 R10 104 QUAIL HOLLOW DR 1 16 1978 1 1600 C AV 172,600 30-JUL-21 240,000 .72
ED05-067.15-02-02.00 2 R10 217 MCKEE RD 1 14 2013 1 1431 C AV 149,100 27-JUL-21 208,000 .72
ED05-067.15-03-10.00 2 R10 5 MCKEE RD 1 14 1960 1 888 C- AV 101,300 16-JUL-21 175,000 .58
ED05-067.17-01-24.00 3 R10 23 S TURNBERRY DR 1 13 1978 2 2378 B- AV 218,700 21-JUL-21 320,000 .68
ED05-067.17-02-03.00 3 R10 30 SHINNECOCK RD 1 5 1999 2 3495 A AV 370,400 07-JUL-21 435,000 .85
ED05-067.17-02-27.00 3 R10 23 SHINNECOCK RD 1 5 2000 2 2692 B+ AV 260,500 15-JUL-21 430,000 .61
ED05-067.17-03-20.00 3 R10 110 SHINNECOCK RD 1 5 1992 2 2543 B+ AV 248,500 28-JUL-21 350,000 .71
ED05-067.18-03-51.00 17 R10 25 LIBERTY DR 1 5 1980 2 2128 B- AV 199,500 09-JUL-21 300,000 .67
ED05-067.20-03-58.00 9 R10 349 N GOVERNORS AVE 1 3 1947 1.5 2044 C GD 171,500 02-JUL-21 285,000 .60
ED05-067.20-03-83.00 8 R10 310 N BRADFORD ST 1 8 1930 2 1408 C+ AV 142,700 08-JUL-21 150,000 .95
ED05-068.13-01-45.00 13 R10 540 BUCKSON DR 1 14 1961 1 960 C AV 131,700 01-JUL-21 150,000 .88
ED05-068.15-03-39.00 6 R10 1401 HOPKINS AVE 1 5 1980 2 1900 C+ AV 201,600 23-JUL-21 165,000 1.22
ED05-068.18-04-27.00 7 R10 181 MITSCHER RD 1 14 2005 1 1248 C AV 145,000 12-JUL-21 230,000 .63
ED05-068.18-05-28.00 7 R10 711 E DIVISION ST 1 5 2002 2 1980 C AV 185,100 09-JUL-21 293,000 .63
ED05-076.06-06-08.00 2 R10 16 CAROLINE PL 1 13 1985 2 1200 C- AV 116,500 15-JUL-21 179,000 .65
ED05-076.08-02-27.00 9 R10 226 N QUEEN ST 1 1 2014 2 1695 C+ AV 148,600 29-JUL-21 225,000 .66
ED05-076.10-03-27.00 16 R10 1430 WOODMILL DR 1 8 1990 2 1445 C AV 141,200 28-JUL-21 225,000 .63
ED05-076.12-01-60.00 2 R10 822 LINCOLN ST 1 3 1968 1 2761 C AV 193,000 02-JUL-21 260,000 .74
ED05-076.13-03-07.00 14 R10 321 CHARRING CROSS DR 1 13 1998 2 1804 C+ AV 143,000 02-JUL-21 185,000 .77
ED05-076.14-02-18.00 16 R10 228 MIFFLIN RD 6 1975 1.5 2481 C+ AV 240,000 09-JUL-21 320,000 .75
ED05-076.20-01-65.00 5 R10 929 JANEKA LN 1 16 1960 1 1626 C+ AV 181,700 19-JUL-21 250,000 .73
ED05-076.20-02-35.00 12 R10 1135 YEARSLEY DR 1 14 1962 1 1736 C AV 169,000 15-JUL-21 188,500 .90
ED05-076.20-03-17.00 12 R10 553 WOODSEDGE RD 1 14 1961 1 1542 C GD 174,300 20-JUL-21 250,500 .70
ED05-077.05-03-36.00 9 R10 44 S GOVERNORS AVE 1 1 1900 2 1943 C AV 139,500 20-JUL-21 150,000 .93
ED05-077.06-01-69.00 8 R10 440 E LOOCKERMAN ST 1 14 1952 1 1914 C+ GD 229,200 08-JUL-21 266,000 .86
ED05-077.06-02-59.00 7 R10 791 E LOOCKERMAN ST 1 14 1958 1 1008 C GD 138,000 07-JUL-21 220,000 .63
ED05-077.07-06-63.00 6 R10 608 SWALLOWTAIL WAY 1 1 2017 2 1920 B- AV 233,800 06-JUL-21 280,000 .84
Page 151
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Item #17.
AUG 23, 2021 CITY OF DOVER PAGE: 2
11:11 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-077.09-05-62.00 4 R10 26 ELM TER 1 3 1952 1.5 1698 C+ GD 167,000 16-JUL-21 225,000 .74
ED05-077.11-02-11.00 6 R10 546 CRAWFORD AVE 1 5 1967 2 1483 C+ GD 188,100 23-JUL-21 216,000 .87
ED05-077.14-01-31.00 8 R10 70 LAUREL DR 1 6 1960 1 3708 A+ EX 510,900 12-JUL-21 590,000 .87
ED05-077.17-01-63.00 4 R10 918 S BRADFORD ST 1 2 1940 1 1379 C- AV 136,900 21-JUL-21 215,000 .64
ED05-077.17-05-04.00 4 R10 81 MORRIS DR 1 14 1952 1 1596 C AV 180,200 26-JUL-21 230,000 .78
ED05-085.11-01-62.00 12 R10 167 TURNER DR 1 5 1968 2 1714 C+ GD 188,100 08-JUL-21 249,900 .75
ED05-085.12-01-13.00 12 R10 325 ALDER RD 1 5 1965 2 1550 C+ AV 167,700 29-JUL-21 285,000 .59
ED05-085.12-01-77.00 12 R10 337 KESSELRING AVE 1 5 1968 2 1550 C+ AV 145,100 06-JUL-21 232,000 .63
ED05-085.12-03-55.00 12 R10 336 MIMOSA AVE 1 16 1972 1 1786 C+ AV 165,100 29-JUL-21 205,000 .81
Page 152
Page 153
Item #18.
CITY COUNJCIL
COM~UNJITY ENJHANJCEMENJT fUNJD
REPORT
JULY 2021
Page 153
Page 154
CITY COUNCIL FY 21/22 Page 1
Item #18.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2021 - SEPTEMBER, 2021
100-10-12-99-000-53037
Current Balance - $23,450.00
COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER
PER DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER. THE
BUDGETED AMOUNT $25,000.00
PURPOSE OF THE FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS
TO A SMALL PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
TOTAL $25,000.00
COUNCIL P.O. #/ TOTAL YEAR TO
DATE SPONSOR VENDOR DESCRIPTION INVOICE # CHARGES DATE BALANCE
07/09/21 Anderson Code Purple Kent Councilman Anderson Email from David $250.00 $250.00 $24,750.00
County authorized the designation of Anderson dated
$250.00 of his community 07/01/2021 and
enhancement funds to Code letter from Ennio
Purple Kent County for Emmanuel
assisting 6 students to receive CPKC dated
free lessons for three months 06/30/2021
at the Dog Pound Training
Center
07/28/21 Anderson Westside Family Councilman Anderson Email from David $350.00 $600.00 $24,400.00
Healthcare authorized the designation of Anderson dated
$350.00 of his community 07/22/2021 and
enhancement funds to the letter from Ms.
Westside Family Healthcare Maggie Norris
for 275 backpacks, children Bent dated
dental hygiene kits for the 07/22/2021
Greater Dover Healthcare
Blitz (IRT) from 08/01 -
09/2021
09/03/21 Page 154
S:\BUDGETS\Coun-22.qpw
Page 155
CITY COUNCIL FY 21/22 IPage 2
07/28/21 Arndt Westside Family Councilperson Arndt Email from Tricia $350.00 $950.00 I
Item #18.
$24,050.00 I
Healthcare authorized the designation of Arndt dated
$350.00 of her community 07/23/2021 and
enhancement funds to the letter from Ms.
Westside Family Healthcare Maggie Norris
for 275 backpacks, children Bent dated
dental hygiene kits for the 07/22/2021
Greater Dover Healthcare
Blitz (IRT) from 08/01 -
09/2021
07/28/21 Rocha Westside Family Councilman Rocha authorized Email from $500.00 $1,450.00 $23,550.00
Healthcare the designation of Gerald Rocha
$500.00 of his community dated 07/22/2021
enhancement funds to the and letter from
Westside Family Healthcare Ms. Maggie
for 275 backpacks, children Norris Bent dated
dental hygiene kits for the 07/22/2021
Greater Dover Healthcare
Blitz (IRT) from 08/01 -
08/18/21 Neil Persimmon Park 09/2021
Councilman Neil authorized Email from Fred $100.00 $1,550.00 $23,450.00
Place the designation of $100.00 of Neil dated
his community enhancement 08/16/2021 and
funds to Persimmon Park email from Ms.
Place to provide school Karen M.
supplies to families in need Reilly-Morton
dated 08/16/2021
$1,550.00 $23,450.00
$1,550.00 $23,450.00
Budgeted District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Boggerty $0.00 $5,000.00
$2,500.00 1st District Lindell $0.00 $2,500.00
$2,500.00 1st District Rocha $500.00 $2,000.00
$2,500.00 2nd District Hare $0.00 $2,500.00
$2,500.00 2nd District Taylor $0.00 $2,500.00
$2,500.00 3rd District Arndt $350.00 $2,150.00
$2,500.00 3rd District Neil $100.00 $2,400.00
$2,500.00 4th District Anderson $600.00 $1,900.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $1,550.00 $23,450.00
09/03/21 Page 155
S:\BUDGETS\Coun-22.qpw
Page 156
Item #19.
CITY MANAGER’S
MONTHLY REPORT
July 2021
Page 156
Page 157
Item #19.
Blank
Page
Page 157
Page 158
Item #19.
City of Dover
,c ustomer Se,rvi,ces Department
FY2022 FY2021
Major Program Updates Jul 2021 Jul 2020 Difference
Year-to-Date Year-to-Date
Number of Cust ome rs Served 20,285 21,767 {1,482) s 20,285 2 1,767
Final Bills 577 590 (13) s 577 590
Est imat ed Bills 234 200 34 s 234 200
Penalt ies Poste d 8, 564 s - 8,564 s 8, 564 s -
Extensions of Credit - Amount Exte nded 115,927 s 304,404 (188,477) s 115,927 s 304,404
Balance Transfe rs 10,856 s 14, 524 {3,668) s 10,856 s 14, 524
Uti lity Collections 20,888 s 4,084 16,804 s 20,888 s 4,084
Miscellaneous Billi ngs 437,999 s 163,423 274, 576 s 437,999 s 163,423
Taxes Levied 14,734,273 s 14,402,75 2 33 1,52 1 s 14, 734,273 s 14,402,752
Billi ng Adjustments/ Credit Balances {83,328) s (16,583) {66, 745) s {83,328) s (16, 583)
Total Taxes Collect ed 12,29 1,435 s 4,666,5 10 7,624,925 s 12,29 1,435 s 4,666, 5 10
Taxes Out st anding 2,359, 510 s 9,719,659 {7,360, 149) s 2,359,510 s 9,7 19,659
Writ e Off Req uest - s 1,258 {1,258) s - s 1,258
JAN - JULY City of Dover JAN - JULY
2021 TOTALS Da ily Tot als Co mp arison 2020 TOTALS DIFFERENCE
$ 2,353,149.44 Plannimr & Insoection - Pa"vment Postini;rs $ 1,418,207. 74 $ 934,94 1.70
$ 74,809,728.38 customer sen1ce - Paym ent Postings $ 63,73 2,325.36 s 11,0 77,403_02
$ 77,162,8 77.82 ''*''Total All Payments $ 6 5,1 50, 533.10 $ 12,012,344.72
Jan. – July 2021 continues to show an increase in Customer use of automated payment options as compared to the
same period in 2020. Automated payment options include credit / debit card payments made through our online portal
and phone pay system as well as lockbox, and auto draft options. Overall revenue collections have increased. Planning
and Inspection revenue collections have increased by 66% as compared to the same period in 2020. Revenue collections
for utilities and real estate taxes continue to improve.
**Note City cashiers are experiencing a coin shortage. Staff members are encouraging cash payments to be exact
change, allow overage to be applied to accounts or for customers to pay electronically. **
Average Disconnects
-Note-
Due to COVID-19 utility account disconnections were
limited per the State of Emergency Orders,
Staffing and Weather limitations from
March 2020 – February 2021.
Total All Delinquent Utility Accounts as of 80 80
71 65 68
July 31, 2021 = 1594, $495,251.10
4652 4848 4243 4041 4041 2727 2121
(DAFB Properties payment not received before month end) 2727 12 5 3939
Total Collected through disconnections for
July 2021 = 451, $97,785.25
• Average Accounts Cut Per Day
Average Accounts Available to Cut Per Day
Page 158
Page 159
ELECTRIC DEPARTMENT Item #19.
Electric Divisions
System Peak Total System Load Number of New
Month outages customers
Oct 19 57,886 Services
Oct 19 150.16
Nov 19 55,732 Jun 19 11 418 Jun 19 23
Nov 19 98.35
Jul 19 15 4,066 Jul 19 8
Dec 19 104.57 Dec 19 60,552
Aug 19 9 335 Aug 19 16
Jan 20 103.57 Jan 20 60,649 Sep 19 5 225 Sep 19 15
Feb 20 54,412 Oct 19 7 386 Oct 19 15
Feb 20 98.58
Nov 19 7 61 Nov 19 14
Mar 20 92.30 Mar 20 54,764
Dec 19 2 1,325 Dec 19 4
Apr 20 82.01 Apr 20 49,236 Jan 20 4 78 Jan 20 15
May 20 114.40 May 20 52,403 Feb 20 4 2,120 Feb 20 16
Jun 20 66,905 Mar 20 3 1,518 Mar 20 24
Jun 20 143.64
Apr 20 3 76 Apr 20 6
Jul 20 155.89 Jul 20 82,800
May 20 3 181 May 20 2
Aug 20 153.38 Aug 20 76,230 Jun 20 11 2,828 Jun 20 19
Sep 20 142.05 Sep 20 61,833 Jul 20 19 536 Jul 20 10
Oct 20 55,494 Aug 20 16 13,167 Aug 20 17
Oct 20 102.70 Sep 20 5 3551 Sep 20 16
Nov 20 95.03 Nov 20 52,898 Oct 20 5 738 Oct 20 8
Dec 20 103.07 Dec 20 60,904 Nov 20 7 3,230 Nov 20 12
Jan 21 62,356 Dec 20 0 0 Dec 20 15
Jan 21 103.85
Jan 21 1 2 Jan 21 9
Feb 21 103.54 Feb 21 58,116
Feb 21 3 1518 Feb 21 7
Mar 21 96.05 Mar 21 56,803 Mar 21 4 568 Mar 21 20
Apr 21 106.06 Apr 21 52,494 Apr 21 4 1,287 Apr 21 14
May 21 56,801 May 21 9 733 May 21 6
May 21 135.17
Jun 21 10 736 Jun 21 40
Jun 21 156.90 Jun 21 69,150
Jul 21 13 3,730 Jul 21 9
Jul 21 156.16 Jul 21 79,792
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.
FY 22 YTD FY 21 FY 20
398.59 37.56 36.95
Outages Average Response Time
Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
13 13 25 Minutes 25 Minutes
PROGRAM UPDATES JULY 21 JULY 20 FY22 YTD
Tree Trimming 210 136 210
Number of Oil Releases 0 1 0
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 9 10 I Page9159
L
Page 160
Item #19.
Fleet & Facilities Management Monthly Report
JULY 2021
Fleet Maintenance
PM Work Orders Completed: 37 Number of Tire Repairs: 17 Number of Road Repairs: 6
Other Work Orders: 75 Repair Hours: 288.5 Road Repair Hours: 10
Total Work Orders: 112 Fabrication Hours: 0 Misc. Hours: 44.5
PM Hours: 90
# of Scheduled PM’s: 30
# of PM’s Completed: 37
Major Program Updates
JULY JULY
MEASURE 2021 2020 DIFFERENCE
Fleet Maintenance - Completed PM
37 out of 30 50 out of 30
appointments vs scheduled PM’s -43.34 %
123.33 % 166.67 %
(Quantity and Percentage)
Facilities Maintenance
Facilities - Routine work orders
54 out of 67 16 out of 21
completed within 5 days 4.41 %
80.60 % 76.19 %
(Quantity and Percentage)
Facilities - Emergency work orders
5 out of 6 11 out of 12
completed within 2 days -8.34 %
83.33 % 91.67 %
(Quantity and Percentage)
Facilities:
Total Work Orders Written in July: 73
Total Work Orders Completed in July: 71
(includes previous month’s W/O that were incomplete)
Page 160
Page 161
Item #19.
Grant Writer’s Report for City Council Meeting September 13, 2021
Respectfully submitted by Lisa Chase, MA, MBA, Grant Writer
The following work was completed in July 2021
• Continued to review bylaws and articles of incorporation with board members’ input and edits.
Compared both documents against other similar documents for appropriate IRS wording.
• Bicycle Friendly Application – in process. Lisa to add information on programs planned for schools.
schools. Worked with GIS to for aerial map creation of bicycle facilities. Took photographs of our
bicycle infrastructure for application.
• Began working on a series of applications for equipment for Fire Marshal’s Office.
• Attended Longwood Foundation Application Seminar.
• Brainstormed possible projects for a September 2021 Longwood application (We will not apply this year
but hope to in September 2022).
• Completed writing first drafts of background information for city departments. This will be used for
background information for grant applications.
• Performed research for funding opportunities for City of Dover projects.
• Followed up on requests to Senate Appropriations Committee.
(Update – information received July 2, 2021. Three of the projects – the Dover Park Building, the Garrison
Oak Substation and the Water Quality project were approved by Senator Carper’s office. (They made the first
cut, and now must make it through the appropriations process.) Because the Dover Park Building received state
funding through the 2022 Bond Bill, we removed that from the federal appropriations process.
Update received in August 2021 – Garrison Oak Substation was approved by Senate Appropriations
Committee and is now in the Energy and Water Bill – part of the package approved by the Senate but is
awaiting House approval.
Training/Webinars/Grant Information
EDA 101 and ARPA Funding
July 2020-July 2021 Year in Review
Total Grant Funding Secured since July 2020: $98,574
Grant Awarded in July 2021
Name Type of Department Program Area Status Amount Match
Request
USDA Grant Downtown Revolving Funded $30,000 DDP -
Dover Loan Fund $2,500
Partnership
I_I
Page 161
Page 162
Item #19.
Grants Awarded July 2020-July 2021
Name of Funder Type of Department Program Area Status Amount Match
(In Alphabetical Request
Order)
Believe in Reading Grant Dover Public Primetime Funded $3,000 NA
Foundation Library Family
CARES* Reimbursement* City Manager’s Grant Writer- Funded $5,500 NA
Office eCIVIS
software
Delaware Grant Dover Public Primetime Funded $3,000 $3,000
Humanities Library Family (Friends of
Dover Library)
Delaware Library Grant Dover Pubic Story Walk Funded $450 NA
Association Library
Delaware State Grant Water and Inflow and Funded $50,000 1:1 match
Water Fund Wastewater Infiltration
Delaware Urban Grant Grounds Trees Funded $2,350 1:1 Match
Community Tree (employee
Program time)
FM Global Grant Planning Fire Marshal’s Funded $2,274 NA
(equipment)
The Skatepark Recognition Parks and Skatepark Funded $1,000 NA
Project Grant Recreation
WSFS Bank Grant Parks and Parks Funded $1,000 NA
Recreation Improvements
USDA Grant Downtown Revolving Loan Funded $30,000 $2,500
Dover Fund
Partnership
$98,574
• Lisa researched other towns and municipalities and had phone meetings and exchanged emails on how to successfully
get this request approved. She then wrote up the information to kay to submit and we were successful in getting the
cost reimbursed!
Grant applications in Process July 2021
Name Type of Department Program Area Status Ask Amount Notes
Request
Economic Grant Planning Dover Post In Process $ TBD Match would be
Development Office Reuse 20 percent of
Administration Plan project cost
Delaware Bicycle Grant Parks-Rec- Bicycle Repair In process $4,000
Council Planning Stations
Leary Firefighters Letter of Planning-Fire Turnout Gear In process $9,900
Foundation Inquiry Marshal’s
Office
Other applications in process – July 2021
Name Type of Department Program Area Status Ask Amount Notes
Request
Bicycle Friendly Renewal for Planning and Bicycle In process NA Deadline has
community Bronze Parks and Friendliness been extended
application Status Recreation to the end of
August for
ALL applicants
Delaware Grant Dover Public 10th Anniversary In process $100,000
Foundations Library Projects
Page 162
Page 163
Item #19.
HUMAN RESOURCES
July 2021
The month of July brought closure to two (2) labor contract negotiations. The Director educated Department Heads and
Supervisors on the changes in the new labor agreements. The administrative implementation of the contracts continues to be a
focus. The processing of personnel changes and additions that were included in the new budget were completed. This included new
positions and salary adjustments.
July 1 salary changes consumed a large portion of the Administrative Assistant’s efforts in July. Munis training was held to prepare
for HR utilization. HR also finalized donated leave for review and organized and launched the City of Dover blood drive with
Delmarva Blood Bank and Couch to 5K-Walk to support childhood cancer.
Human Resources processed ten new hires/promotion, conducted new employee benefit review and enrollment meetings with
newly hired employees and updated the Online Benefit Booklet for the new fiscal year. The new FOP contract was finalized and
added to the website.
Category July July
2020 2021
Caucasian* 300 311
Minorities* 78 86
Hired 7 5
Terminated/Resigned/Retired/Other 3 1
Transferred/Promoted 1 5
Jobs Posted 6 7
Workers Comp. Injuries 3 4
Workers Comp. Hours 7 194
*373 Full-time Employees: Part-time Employees: 24 (4 Pitts Center, 1 Recreation, 17 Library, 2 Police Department, 1 Central Services)
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members.
Recruitment Information ( July)
Native
American
Black/ Hawaiian/ Not
Ind ian/ Two or Hispan ic/
Positon ota l Apps ln Dover k>ut ol Dove Unknown Asian Africa n Other Whit e Unknown His·panic/ Unknown Male Female Unknown
Alaskan More Races Lat ino
American Pacific Lat ino
Nat ive
I.slander
Crew Leader · Streets/ St ormw at er 1 0 1 0 0 0 0 0 0 1 0 0 1 0 1 0 0
*Resumes come from Indeed do not always list address
Page 163
Page 164
Item #19.
HUMAN RESOURCES
(Continued)
Open or Currently Recruiting*
Open or Currently Recruiting by Dept. July July
2020 2021
Electric 5 6
Public Works 5 1
Police 8 6
Water Wastewater 3 1
All Other Departments 13 10
Totals 34 24
*Not used for Budgeting Purposes
Turnover Statistics
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Total Turnover % 5.57 6.75 11.00 10.91 6.02 12.05 8.68 15.36 10.33 9.66 13.96 7.98
Termination Turnover % 0.27 1.08 0.29 1.47 0.57 0.28 0.54 1.92 1.36 0.54 1.42 .28
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 7.56 6.24 7.41 5.98 6.17 7.98 5.13
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 4.20 1.90 4.39 2.45 2.68 4.27 2.28
Other - - - - - - - 1.65 0.54 0.27 0.28 .28
2012 Healthcare cost sharing implemented; 2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development; 2018 RIF in Electric
*2019, Percentages update in January 2020
Average Employees
2010 2011 2012* 2013* 2014 2015 2016 2017 2018 2019 2020 2021
Total Number of Employees Separating from 21 25 38 37 21 42 32 56 38 36 49 28
Service
Average Number of Full-time Employees 362 356 333 325 331 333 340 337 340 346 **355 369
Average Number of Part-time Employees 16 15 12 14 18 24 28 28 28 26 25 25
* Healthcare cost sharing implemented **Updated
Page 164
Page 165
Item #19.
HUMAN RESOURCES
(Continued)
Workers Compensation Cost Calendar Year 2021
Electric
Life Safety
- $3
$8
Department
Grounds
City Manager
- $3
$11
PowerPlant
Metering
Police
-
• $2
$2
$78
Stormwater
Water/Wastewater
Total: $141,000
- $3
$31
Total Cost (In thousands)
Page 165
Page 166
Item #19.
Information Technology Department
July 2021
Larry Josefowski, Director
Incident tracking: Our new incident tracking system went active July 1st, with 106 incidents the first
month. Previous incidents reported were in the 50-60 range. The new system developed internally is
simpler and has been readily adopted by all employees. We see this as a stop-gap measure; Tyler-Munis
may have modules that we can adopt and get more functionality in the future.
Network Security (External): We have had several meetings with the Cybersecurity and Infrastructure
Security Agency (CISA) from the Department of Homeland Security and have included other
departments in the operational and cybersecurity exercises for the City. We are planning on Critical
Resource Review in October, and a table-top exercise involving all elements needed in a cyber response
tentatively scheduled for January 25nd. Additional meetings with our tool vendors have provided
information on features and tools that we are looking to use or to test in the environment.
For the July reporting period, our security tool reported we had 5,300 “low level” attempts at finding
security vulnerabilities into our network and 58 more serious attempts, which included 5 blocked viruses
and 4 malicious or known attacks detected on traffic into our network. These were in line with June’s
figures; the first month we started tracking.
Network Security (Internal): We continued to take the approach of using our existing resources and
tools to increase the security of the network from certain forms of attack. We have completed the
encryption of all city-owned laptop devices, insuring data security in the event they are lost or stolen.
We reviewed and fixed some shortcomings in the web filtering process, including developing reports on
usage. We took several steps in terms of Data Loss Prevention, including adding several layers of
notification if personal or bank data is sent out from our workers. We also took steps to ensure that data
that is requested by the public is available by disabling the ability of our clients to send encrypted email.
Tools are also used to ensure all servers and workstations are up to date with all operating system
updates.
We also continue to keep our computers up to date in terms of security. We maintain current patching
on all devices; as of the end of the month, over 99% of the devices were being monitored with no issues,
with 100% of the servers being current on critical and security updates.
Hardware Vulnerability: Work continues with our vendors
regarding equipment vulnerability. This chart shows our key
network devices, and that 92% are out of coverage, with the rest
expiring within the next quarter.
The two main issues are that older equipment is more likely to fail,
and that the devices are no longer maintained by the vendor and
are vulnerable to attacks. We do have some replacement
hardware that would eliminate the first issue, although the out-of-date hardware is still vulnerable to
attack.
Page 166
Page 167
Reference Transactions
Item #19.
ooj_pR
July 2021
631 Telephone
Reference
Transactions
PUBLIC LIBRARY 1 I I I I I I I I
0 250 500 750 1000 1250 1500 1750 2000
Circulation July '21 FYTD '22 July '20 FYTD '21
Dover Residents 10,217 10,217 3,154 3,154
E-Books 3,968 3,968 4,111 4,111
Kent Residents Total - 6,691 6,691 2,200 2,200
~Harrington 40 1
~Milford 106 12
~Smyrna 340 126
~Unincorporated Kent Co. 6,205 2,061
Non-County Residents 713 713 393 393
New Registrations
Dover Residents 205 205 84 84
Kent Residents Total - 59 59 0 0
~Harrington 0 0
~Milford 1 0
~Smyrna 1 0
~Unincorporated Kent Co. 57 0
Non-County Residents 1 1 0 0
Registered Library Users as of 07/31/21 Registered Library Users as of 07/31/20
City of Dover Residents 19,150 City of Dover Residents 22,063
Kent County Residents 6,183 Kent Co. Residents 7,040
Sussex County Residents 275 Sussex Co. Residents 333
New Castle Co. Residents 362 New Castle Co. Residents 421
Out of State 22 Other 30
TOTAL 25,992 29,887
Other
Visitors 9,761 9,761 0 0
*Visitors - Curbside Pick-up 0 0 1,445 1,445
Meeting Room Usage 1,556 1,556 0
Photocopier Usage 284 284 0
Computer Printing Usage 1,571 1,571 0
Computer Users 1,119 1,119 0
Wireless Computer Users 754 754 138 138
Inter/Intralibrary - Loaned 42 21
Inter/Intralibrary - Borrowed 41 39
Holds Sent 4,404 4,891
Holds Received 2,854 3,897
TOTAL 7,341 7,341 8,848 8,848
Tech Services/Items Added 786 999
Tech Services/Items Deleted 1,212 494
310
Passport Services/Customers 186 186 0
Passport Services/Revenue $7,428 $7,428 $0
Monthly Highlights
►136 attended / viewed 21 programs for adults. Job Center Statistics
►110 attended / viewed 17 program for teens. July 2021 July 2020
►1,154 attended / viewed 63 programs for children. Number of Walk-in Hours Open 0 0
►1 volunteers completed 8.5 hours of service. 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 167
Page 168
Parks & Recreation Item #19.
July 2021 Monthly Report
Parks & RecreaƟon Highlights
Spring & Summer Concerts are going strong! Due to inclement weather, three (3) performances were moved to
the John W. PiƩs RecreaƟon Center.
Five Park Projects: Regular updates from WRA are taking place. We are on track with these projects.
Covid 19 protocols for cleaning and disinfecƟng the frequently used areas conƟnues.
Super Summer Playground and Camp Small Wonder parƟcipants are having a blast this summer. Field trips
included Fun Land in Rehoboth, Hershey Park and to the Tuesday in the Park programs.
Silver Lake Kayak project is moving forward with maƫng and launch dock in place. PlanƟngs and benches will
be installed by the of the year.
Delaware 4H Fundraiser event held at the Delaware State Fair found our own Robin Eaton in line to kiss the pig!!
The charity event raised funds for 4H students in Delaware. He also had to complete
a series of small tests including drawing a pig with a marker using his mouth...that’s
real art work right there!
JW PiƩs RecreaƟon July (outdoor) League
July 21 FYTD 22 July 20 FYTD 21
Center ParƟcipants Programming ParƟcipant Count
General RecreaƟon 5 5 46 46
AcƟvity ParƟcipants Spectators LocaƟon
Camps 1,127 1,127 0 0
HS Field Hockey 384 192 DHS
Open Gym 85 85 73 73
KCCL 1,632 1,056 SchuƩe
League 480 431 3405 3405
Tuesday Track
Sports N/A N/A 14 14 72 81 DHS
Meets
Soccer Camp 235 211 SchuƩe
Recreation Revenue Breakdown
FY21 • General Recreation FY21
•
• Leagues
July 2021
General RecreaƟon
• Bldg./Field/Pavilions
• Camps
25
- July 2020
General RecreaƟon
•61d8./Field/Pavllions
368.00
Leagues 850.00
Leagues 2,354.00
Bldg./Field/Pavilions 380.00
Camps 15,150 Bldg./Field/Pavilions 475.00
Page 168
Page 169
Item #19.
Grounds Division Monthly Report July 2021
Arborist Crew Completed
Trees Trimmed 44
Trees Removed 14
Root Prune 0
Stumps Removed 0
Trees Planted 0
Arborist Crew:
‐ 1 Bucket truck was sent to New Jersey for repairs.
‐ Crews continue to work on trimming street trees along with park trees.
Beautification Crew:
‐ Continue to water and weed flower beds and hanging baskets.
Mowing Crew
‐ Mowing is on schedule.
‐ Mow crews have also worked on trimming back vegetation.
Litter Removal:
‐ Litter is being picked up on City properties as per the weekly schedule.
‐ Litter person has been diligent in the reporting of destruction in City parks.
‐ Total Trash Cans Collected 309.
Miscellaneous:
‐ Tilled beach at Silver Lake.
‐ Continued to prepare softball fields for league games.
‐ Repaired basketball nets and rims.
‐ Removed graffiti from Silver Lake Pavilion.
Page 169
Page 170
Item #19.
July 2021 Procurement & Inventory Report
Measure FY 2022 FY 2021 DIFFERENCE
Issue Effectiveness – How often the
FY 2022 (To date) FY 2021 (Total)
warehouse has what the departments
[142/ (142+5)] *100 [1907/ (1907+291)] *100 9.84%
need when it’s needed.
96.60% 86.76%
[issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the
material stocked is the material being
0.95 Turnovers per year 0.78 Turnovers per year 0.17 Turnovers per year
used. (2020-2021 Goal 1 per year)
WITHOUT TRANSFORMERS
FUEL USE FY 2022 TO DATE FY 2021 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS)
Unleaded: 12,228 gallons 12,278 gallons Electric: $ 363,845.39 231 Line Items
Diesel: 6,598 gallons 7,036 gallons Water: $ 13,657.31 32 Line Items
Dollars Spent: $41,581.90 $27,564.64 General: $ 22,794.78 90 Line Items
Total: $ 400,297.48 353 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund
FY 2022 TO DATE FY 2021 TO DATE FY 2022 TO DATE FY 2021 TO DATE
Electric: $183,687.08 $139,391.61 Electric: $173,588.25 $109,145.26
Water: $0.00 $0.00 Water: $6,609.71 $10,820.52
Wastewater: $0.00 $0.00 Wastewater: $3,027.95 $1,010.95
General: $21,092.96 $22,261.49 General: $6,752.40 $13,486.80
Total: $204,780.04 $161,653.10 *Total: $190,200.07 $134,463.53
Warehouse Stock Money Spent for Postage/Postal Services
FY2022 FY2021 FY 2022 TO DATE FY2021 TO DATE
Total Dollar Value: $1,691,511.14 $1,760,030.77 $15,971.92 $22,600.52
Total Line Items: 1,061 1,080
* Total of Issues from Stock by Fund includes Issues from Sale from Stock (SS) and Electric Returns (ER).
BID REQUESTING
COMMODITY TERM STATUS as of August 1, 2021
NUMBER DEPARTMENT
North Bradford Street Tree
21-0035PW One Time Public Works Forwarded to Public Works on 5/13/2021
Removal
Forwarded to Water/Wastewater on
Water Meter Term Contract 21-0038WW One Time Water/WasteWater
5/19/2021
Triple Combination Pumper
21-0040FD One Time Fire Department Forwarded to Fire Department on 7/8/2021.
for Dover Fire Department
Three Forwarded to Electric and W/WW on
Utility Locating Contract 21-0043COD Electric- W/WW
Years 7/15/2021
Master Electrician for City Three RFP opening scheduled for August 5, 2021 @
22-0001EL Electric Department
of Dover Years 2:00 PM
PME-11 Switchgear for Bid opening scheduled for August 10, 2021
22-0002WH One Time Warehouse
Stock @ 2:00 PM
Inflow & Infiltration Bid opening scheduled for August 24, 2021
22-0003WW One Time Water/Wastewater
Evaluation @ 2:00 PM
LED Security Lights for Bid opening scheduled for August 25, 2021
22-0004EL One Time Electric Department
Electric Department @ 2:00 PM
Turnberry Wastewater Pump
RFP opening scheduled for September 16,
Station Upgrade Engineering 22-0005WW One Time Water/Wastewater
2021 @ 2:00 PM
Design Support
Page 170
Page 171
Item #19.
DEPARTMENT OF PUBLIC WORKS
JULY 2021 MONTHLY REPORT
GIS
GIS PROJECT HOURS
• Create • Data Requests • Printing • Technical Support • Updates • Configure • Training
8%
3%
42%
25%
11%
2% 9%
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 5 10 15 20 25 30
• GIS Project Hours
Page 171
Page 172
Item #19.
SANITATION
MONTHLY REFUSE (TONS)
• Bulk • Rear • Automated
1019.95 1017.24 1015.92
972.27 952.91 954.82 969.03
930.83 916.61
858.45 848.32
781.51
727.65
210.54
190.58 95.73 132.29 159.68 101.2 126.37 208.54
139.96 155.85 135.73
178.39 122.7 185.43
156.2 78.08 181.91 164.33
195.51 177.7 113 162.45 49.52 147.16
II 11 11
JUL 20 AUG 20 SEP 20
II
OCT 20
II
NOV 20
11 11
DEC 20
102.2
JAN 21
77.23
•I
FEB 21
II
MAR 21
II II II II
APR 21 MAY 21 JUN 21 JUL 21
SANITATION HOURS
700
624 609
600 575
479
500
430 418
400 352
318
300
200
100
0
Bulk Automated Hand Trash Yard Waste
• July 2020 • July 2021
SANITATION JULY 21 FYTD 22 JULY 20 FYTD 21
Trips to DSWA Sandtown Landfill 221 221 253 253
Total Tonnage to DSWA 1,269 1,269 1,389 1,389
90-gallon Containers Delivered 72 72 94 94
300-gallon Containers Delivered 1 1 2 2
Total Man Hours Containers Delivered 27 27 96 96
CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS)
July 2021 21,434 9,764 284,060 13.25
Page 172
Page 173
Item #19.
STREETS / STORMWATER
MONTHLY STREET SWEEPING & LEAF COLLECTION
• Sweeper Waste (cu.yd.) • Street Sweeping (miles) • Leaf Collection (miles) • Leaf Debris (cu.yd.)
6130
2749
1895 2853
834 3950
0
1620
0
1529
14940
0 476
0 0 780 437
122
6 452
122 98
117
1604
156
0 0 0
122 0 20 1340
JUL AUG
0 0
30
1726
0 13.5 0 1079 Leaf Debris (cu.yd.)
20 SEP OCT 127 0 0 0 0 Leaf Collection (miles)
20 20 NOV 1738
DEC 112 Street Sweeping (miles)
413
20 20 JAN 560
76
20 FEB 88
21 MAR APR Sweeper Waste (cu.yd.)
21 MAY
21 21 JUN
21 JUL
21
21
STREETS / STORMWATER JULY 21 FYTD 22 JULY 20 FYTD 21
Signs Installed 5 5 11 11
Signs Repaired 44 44 6 6
Curbs Painted Yellow (ft) 3,775 3,775 84 84
New Posts Installed 5 5 2 2
Storm Catch Basins Repaired 2 2 8 8
Storm Catch Basin Repairs (hrs) 7 7 19 19
Storm Catch Basins Cleaned (l.f.) 5 5 15 15
Storm Catch Basin Cleaning (hrs) 7 7 12 12
Hot Mix Patching (tons) 1.67 1.67 0 0
Hot Mix Patching (hrs) 2 2 0 0
Cold Mix Patching (hrs) 17 17 6 6
Concrete Work (hrs) 44.5 44.5 24 24
Concrete Patching (cu.yd.) 8.09 8.09 0 0
Ditch Work (hrs) 0 0 0 0
Street and Alley Maintenance (hrs) 0 0 1 1
Street Sweeping (miles) 1,079 1,079 1,895 1,895
Street Sweeping (cu.yd.) 88 88 122 122
Leaf Collection (miles) 0 0 0 0
Leaves Collected (cu.yd.) 0 0 0 0
Page 173
Page 174
Item #19.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Jul-21
Inflow & Infiltration Costs
$350,000.00
This chart indicates the amount of money the City
$300,000.00 is spending on treating ground and / or rain water
through Kent County. This cost is being offset by
$250,000.00
$200,000.00
I the Ground Water Inflow Adjustment rate passed
on to the customers
I
$150,000.00
$100,000.00
$50,000.00
$- • I
Jul-20 Aug-20
II I II I I I
Sep-20 Oct-20 Nov-20 Dec-20 Jan-21
• I & I Cost
Feb-21 Mar-21 Apr-21 May-21 Jun-21
•
Jul-21
Water & Wastewater Repairs
5
4
3
2
1
-
Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21
• Water Mains Repaired • Water Services Repaired • Wastewater Mains Repaired • Wastewater Laterals Repaired
Number of Brown Water Complaints
50
This chart indicates the number of complaints the
45 Department receives. Please note that our
flushing operatinons occured in September 2020
40 and April 2021.
35
30
25
20
15
10
5
-
Jul-20 Aug-20
- Sep-20 Oct-20 Nov-20
Number of Brown Water Complaints
Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21
Linear (Number of Brown Water Complaints)
Jun-21 Jul-21
Page 174
Page 175
Item #20.
City Planner’s Monthly Report
Department of Planning & Inspections
JULY 2021
Planning & Inspections Highlights
Some Items to Call to Your Attention
Construction activity during July resulted in 179 Permits being issued with a construc-
tion value of about $2,409,830 bringing the total value of new construction this calen-
dar year to date to $134,376,730. This month last year only 136 permits were issued
while 1,789 Business Licenses were issued this July versus 1,139 in July of 2020 at the
height of the COVID pandemic., suggesting recovery across the board.
16 new residential Building Permits were issued in July (75 total permits YTD); again
suggesting that residential construction may be recovering. Certificates of Occupancy
were issued for two (2) manufactured houses and one (1) one family dwelling and for
commercial renovations for Bayhealth Medical Center..
Building Permits were issued for several interior renovation projects and tenant fit-out
projects including Bayhealth Medical Center, Coney Island Grill Restaurant at 108 W.
Loockerman Street, and tenants within the Shoppes of the Hamlet.
Code Enforcement saw 483 new cases opened in July. Almost half of these (46%) were
property maintenance and City Code violations; and 27% of these were grass and weed
violations A total of 934 Code Inspections were undertaken. The City continues to
abate violations at six Dangerous Buildings (two of which are under repair ) and to
close cases resulting from last August’s tornado. 144 buildings were registered as va-
cant in July.
The meetings of the Boards and Commissions supported by the Planning Office are
conducted in a Virtual/Hybrid format. The Planning Commission met on July 19; two
applications were considered. The Historic District Commission met on July 15 to con-
sider an Architectural Review Certification at 30 The Green associated with the future
Family Court project.
The Department continues to assess and respond to continuing updates from the Na-
tional League of Cities, the US Treasury, the Economic Development Administration,
the White House and others regarding the American Rescue Program Plan and Notices
of Funding Opportunity from the US EDA.
Page 175
Page 176
Item #20.
PROGRESS IN PICTURES
Bayhealth Renovation Graduate Medical Ed. Program
Bayhealth Renovation Pediatrics Department
Page 176
Page 177
Item #20.
PROGRESS IN PICTURES
6 Purple Martin Way-Oak Shadows
Dover East Estate- Manufactured
Home- Lot 207
Dover East Estates -Manufactured
Home- Lot 223
Page 177
Page 178
Item #20.
Planning & Inspections Revenue
FY2022 Actual
Revenue Stream FY2022 Budget (YTD) July % of Budget
Business License $1,500,000 $ 986,597 66%
Manufactured Home License $16,000 $ 5,715 36%
Building Permits $450,000 $ 55,232 12%
Cert. of Occupancy $10,000 $ 330 3%
Public Occupancy $25,000 $ 225 1%
Lodging House $14,000 $ - 0%
Plumbing/Heating/Air $100,000 $ 6,318 6%
Rental Inspection Fee $437,000 $ 1,072 0%
Miscellaneous $20,000 $ 4,406 22%
Fire Protection Fees $70,000 $ 1,500 2%
Code Enforcement Fines $40,000 $ 6,390 16%
Vacant Building Registration $100,000 $ 3,000 3%
Total P&I Revenue $2,782,000 $ 1,070,785 38%
31-Jul-21
Department Operations—Planning Office
The City of Dover Buildings (including City Hall) continued to be open to the public in July with limitations
on room occupancies, social distancing, and certain mask requirements as part of the City’s Continuity of
Government response to the COVID-19 pandemic and as per the City COVID Policy dated 7/14/2021. On
July 13, 2021, the Governor lifted the Declaration of a State of Emergency for Delaware changing a number
of procedures. Meetings of the Boards and Commission (Starting 7/12/2021) returned to an in-person for-
mat with some limitations, but the Meetings were Hybrid as they were also offered in Virtual format. Plan-
ning Staff continues plan and permit review responsibilities often communicating electronically and con-
ducting Meetings virtually. Due to realized efficiencies other meetings, trainings, and workshops continue
in a Virtual format as well.
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. For July 2021, Planning Staff was involved
with the review of 94 Building Permits and 5 Certificates of Occupancy permit that were issued. This activi-
ty results in a 2021 calendar year-to-date total of 500 Permits and Certificates of Occupancy thru July 2021
as compared to 2020 calendar year-to-date total of 448 Permits and COs and 2019 calendar year-to-date
total of 531 Permits and COs. Staff also reviews new applications for Business Licenses and Rental Dwelling
Permits.
Page 178
Page 179
Item #20.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Work with the 2019 Comprehensive Plan now focuses on the plan implementation items as found in Im-
plementation Plan (Chapter 15) items for the projects, studies, code amendments, and other activities. A
copy of the Final Plan is available on the Comprehensive Plan website: https://www.cityofdover.com/2019
-comprehensive-plan.
Comprehensive Rezoning Project 2021 & Comprehensive Plan Amendments 2021 Set 2
With the Comprehensive Rezoning Project 2021, the Final Action by City Council on June 14, 2021 ap-
proved the Rezoning of 162 properties (and held 3 properties at their existing zoning) with Ordinance
#2021-09. The Comprehensive Plan Amendments 2021 Set #2 was also adopted by City Council on June
14, 2021 (Ordinances #2021-10 and #2021-11); the Amendments included revisions to the Table 12-1:
Land Use and Zoning Matrix and to the Land Use Classifications of specific properties/areas on Map 12-1:
Land Development Plan of the 2019 Comprehensive Plan. Planning Staff is now working on updating the
various data sources presenting City zoning information and the updates to documents containing Table
12-1 and Map 12-1 of the 2019 Comprehensive Plan. See the Comprehensive Rezoning 2021 Project page
on the City’s Website: https://www.cityofdover.com/ComprehensiveRezoning2021Project
CONSTRUCTION ACTIVITY
• In July 2021, Residential Building Permits for new dwelling units were issued for one (1) one-family
dwelling on Washington Street, five (5) Townhouse units in Lexington Glen PND, and ten (10) Town-
house units in Patriot Village.
• Certificates of Occupancy were issued to two (2) manufactured home placements in Dover East Es-
tates and to one (1) single-family dwelling in Oak Shadows.
• Building Permits were issued for several interior renovation projects and tenant fit-out projects includ-
ing Bayhealth Medical Center, Coney Island Grill Restaurant at 108 W. Loockerman Street, and ten-
ants within the Shoppes of the Hamlet.
• Final Certificates of Occupancy were issued for two renovation projects at Bayhealth Medical Center.
• Wireless Communications Facilities (WCF) Building Permits were issued for antennae/equipment re-
placements at Existing Facilities at 201 Weston Drive and at 1260 W. North Street
JULY 2021 (FY22) TOTAL FOR FY22
New Home Permits Issued 16 16
Value of Commercial Projects $2,409,830.00 $2,409,830.00
Downtown Incentives (Fees Waived) $1,307.00 $1,307.00
Page 179
Page 180
Item #20.
BOARD AND COMMISSION ACTIVITY
The July Meetings of the Boards and Commissions supported by the Planning Office were held as In-Person
Meetings and also conducted virtually using the WebEx telephone/video conferencing platform. Planning
Staff conducted the Planning Commission Meeting of July 19, 2021 in this Hybrid Meeting format. The His-
toric District Commission also met on July 15, 2021 in the Hybrid Meeting format (In-Person and Virtual).
The Board of Adjustment did not meet in July due to lack of agenda items.
Board of Adjustment
The Board of Adjustment did not meet on July 21, 2021. The next Board of Adjustment meeting is scheduled
for August 18, 2021.
Historic District Commission
The Historic District Commission met on July 15, 2021. The next Historic District Commission meeting is
scheduled for August 19, 2021. The Application listed below was considered for Public Hearing and Review
for Action on the Architectural Review Certification.
• HI-21-04 Lands of King of Clubs, LLC Parking Lot Improvements at 30 The Green – The Historic District
Commission granted approval of the Architectural Review Certification associated with parking lot re-
configuration and parking improvements at 30 The Green. The property is zoned RGO (General Resi-
dence and Office Zone) and is subject to the H (Historic District Overlay Zone). The project is also associ-
ated with the future redevelopment of the existing parking lot at 123 Bank Lane; a property that is
zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone). The properties are
located at the southeast corner of The Green and Bank Lane and along the south side of Bank Lane.
Planning Commission
The Planning Commission met in-person/virtually on July 19, 2021. The next regular Planning Commission
meeting is scheduled for August 16, 2021. The Applications listed below were considered. As part of this
Annual Meeting of Planning Commission, Andrea Maucher was elected Chair and Robert Hartman was elect-
ed Vice-Chairman; also appointment of the Architectural Review Oversight Subcommittee occurred.
• S-19-10 Dover Community Pharmacy at 1035 S Governors Avenue - The Planning Commission approved
the Request for One-Year Extension of Plan Approval granted by the Planning Commission on July 15,
2019 for a Site Development Plan Application with waivers to permit an additional 5,700 SF of pavement
to the existing parking lot area at the rear of the building containing Dover Community Pharmacy. The
project creates a revised total of fourteen (14) total parking spaces for the site. The subject property is
0.35 +/- acres located on the east side of South Governors Avenue, south of Wyoming Avenue. The
property is zoned C-1A (Limited Commercial Zone).
• SB-21-03 Lands of Tudor Enterprises, LLC at Tudor Business Park: The Planning Commission granted condi-
tional approval of a Minor Subdivision Plan to subdivide a property consisting of 20.51 acres +/- into two
parcels (Lot 1 and Lot 2) and with right-of-way dedication. Lot 1 (Residual) is to be 19.37 acres+/- and
encompasses the bulk of the original property area to the east and south. Lot 2 is to be 0.98 acres+/-
and encompasses the northwestern portion of the property with frontage on South Little Creek Road.
The subject property is located on the south side of South Little Creek Road west of Route 1 and east of
Roberta Avenue. The Tudor Business Park property includes privately maintained, named drives internal
to the site such as Otis Drive. The property is zoned C-3 (Service Commercial Zone); however, the por-
tion of the property to be subdivided is zoned C-1A (Limited Commercial Zone).
Page 180
Page 181
Item #20.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CDBG FY20 Projects
• CARES Act Funding
The City of Dover was awarded $475,211 in Federal Funds to assist in reducing the spread of COVID-19.
The City has partnered with the Department of Health and Social Services to administer the grant that
will be used for motel vouchers and rent subsidies that will service homeless persons or those at risk of
becoming homeless. Ninety-six (96%) of these funds have been spent year-to-date.
• 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. Twelve (12) 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 project is completed. DIMH is
also in the process of purchasing a building for its new shelter location that will be renovated with CDBG
funds.
• 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 Programs
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 emergency home repairs to eliminate housing conditions that
threaten the health and safety of low-income homeowners. Emergency home repairs have been com-
pleted for ten (10) families and three (3) homes rehabbed.
• NCALL Research Inc.
CDBG funds will be used to demolish two existing homes in the Restoring Central Dover area in order to
construct two affordable housing units on the vacant lots. One property is located at 49 S. Kirkwood
Street and has been demolished. Construction of the new home is underway.
Page 181
Page 182
Item #20.
Code Enforcement Activity— JULY 2021
Case Type # cases # cases % staff % staff initiated
current YTD (July initiated YTD
month 2021 to current month
June
2022)
No valid Rental Permit 0 0 0% 0%
No valid Building Permit 10 10 90% 67%
Tall grass and weeds 112 112 92% 92%
Abandoned/Unregistered Ve- 23 23 100% 100%
hicle
Annual Housing Inspection 70 70 91% 91%
Property Maintenance 97 97 76% 76%
Exterior
Electric Termination 13 13 100% 100%
Dover Code of Ordinances 125 125 89% 89%
Zoning 1 1 100% 100%
Admin Inspections 61 61 100% 100%
Total Cases Opened 483 483
Total # of Inspections For 934 934
Month
Dangerous Buildings, Vacant Buildings & Demolitions
23 & 25 S Governors Avenue – These two dwellings have been condemned by the City;
owner has applied for Demolition Permits.
209 N New Street—This dwelling has been condemned by the City; boarded by City Staff.
688 Buckson Drive— This dwelling has been condemned by the City. The dwelling was
boarded by the City to keep people out.
846 Westview Terrace – This dwelling is near completion of all repairs.
1173 Long Point Road– This dwelling has been condemned by the City due to storm
damage. The condemnation has been lifted.
Vacant Buildings currently registered - 144
Page 182
Page 183
Building Inspections & Licensing Summary Item #20.
July 2020—
July 2021–
Current June 2022 July 2020 June 2021
PERMITTING AND LICENSING
Permits Issued July (2021) July (2020)
FY 22 FYTD 22 FY21 FYTD 21
Administrative Permit
5 5 6 6
Building Addition/Renovation Permits 36 36 29 29
Building Permits
31 31 21 21
Demolition Permits
2 2 5 5
Fence Permits 19 19 24 24
Fire Prevention Permits 3 3 6 6
Mechanical Permits
36 36 24 24
Plumbing Permits
16 16 11 11
Sign Permits 30 30 9 9
Swimming Pool Permits
1 1 1 1
Subtotal 179 136
Business Licenses 1036 1036 724 724
Merchant Licenses
142 142 71 71
Contractor Licenses
611 611 344 344
Subtotal 1789 1139
Lodging House Licenses
13 13 1 1
Public Occupancy
27 27 116 116
Rental Dwelling 16 16 2 2
Subtotal 56 119
Manufactured Homes
127 127 34 34
BUILDING INSPECTIONS
Inspections July (2021) July (2020)
FY 22 FYTD 22 FY21 FYTD 21
Building (Inspections/CBI/Site Meetings)
287 287 192 192
Plumbing/Mechanical
255 255 148 148
Certificate of Occupancy
9 9 7 7
Page 183
Page 184
Fire Marshal’s Office—At a Glance
CJ
Item #20.
The Fire Marshal’s Office investigated two (2) in-
cidents during the month of July.
Staff is working on annual fire and life safety in-
spections at apartments and clubhouses as well as
educational occupancies.
Staff is assisting the GIS coordinator with plotting
all above ground tanks in the City of Dover.
Staff is preparing for the Firefly Music Festival.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 38 38 75
Deficiencies From the Above Inspections 237 237 441
Fire Code Violations/Deficiencies/Complaints 20 20 54
C/O & Fire Equipment Acceptance Tests 4 4 14
Meetings & Walk Through 14 14 19
Fire Plan Review & DAC 6 6 13
Month Year to Date Previous Year to Date
Accidental 2 totaling $500 2 totaling $500 1 totaling $10,000
Undetermined N/A 0 0
Incendiary N/A 0 0
Arrest Made with DPD 0 0 0
Investigation Time 4 hours 4 hours 2 hours
Injuries 0 0 0
Deaths 0 0 0
Please feel free to contact our office at any time with any questions or concerns. Thank you!
Page 184
Page 185
Item #21.
P -:ASE NOTE THIS REPO T PROVIDES TO LINE INFORMATION
ON THE OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL
'NFORMATION, 'LEASE FEEL FREE TO CONTACT THE FINANCE
DEPARTMENT.
Page 185
Page 186
Item #21.
Finance Department Monthly Report June 2021
This page intentionally left blank
Page 186
Page 2
Page 187
Item #21.
Finance Department Monthly Report June 2021
CITY OF DOVER
Preliminary ACTIVITY REPORTS
June 2021
FINANCE DEPARTMENT ACTIVITY LEVELS
FY20 YTD FY21 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 6,888 6,179
Total Amount of All Deposits $ 178,631,658 $ 171,924,194
Other Activity
Number of Pay Periods 26 26
Number of Payroll Checks & Direct Deposits Issued 10,216 10,043
Number of Pension Checks Issued 3,104 3,173
Total Pension Benefits Paid - Defined Benefit Plan $ 5,651,779 $ 5,829,782
ACCOUNTS PAYABLE
Number of Check Vouchers 5,864 5,835
Number of EFT Vouchers 2,842 2,806
._______
Vouchers Dollar Amount Disbursed _________L________jl
$ 67,926,739._____I
$ 68,073,983
______J
$71,327 $59,662
FY20 YTD Wages $71,988 FY21 YTD Wages
$756,030 $519,706
$46,479 $686,194 $846,957
$534,701 $516,960
~I
$1,280,350
$1,351,40
1
$1,465,62
5
$2,260,217
$18,676,087
$18,674,3
32
• Regular
• Regular • All over time
• All over time • Vacation
• Vacation • Sick
• Sick • Terminal Leave - Retiree Vacation/Sick Payout
• Terminal Leave - Retiree Vacation/Sick Payout • Personal
• Personal • Other
• Other
Page 187
Page 3
Page 188
Item #21.
Finance Department Monthly Report June 2021
City of Dover
Preliminary General Fund Summary
Fiscal Year to Date (June 2021)
Revenues
Original Budget Revised Budget Actual %
Property & Transfer Taxes $ 16,319,300 $ 16,319,300 $ 19,659,348 120%
Program Revenues 10,312,800 10,312,800 9,537,350 92%
Utility Transfers 11,000,000 11,000,000 11,000,000 100%
Grants 778,500 780,774 1,334,570 171%
Interfund Services 5,592,700 5,592,700 4,552,786 81%
All Other 1 920,000 995,000 884,388 89%
$ 44,923,300 $ 45,000,574 $ 46,968,443 104%
Expenditures
Original Budget Revised Budget Actual %
2 $ 29,235,400 $ 29,212,099 $ 25,480,151 87%
Program Expenses
Interfund Services 10,622,300 10,642,975 9,408,384 88%
Debt Service 462,200 462,200 465,888 101%
Post Retirement Benefits 2,045,400 2,045,400 2,045,400 100%
Pension Fund Contributions 935,100 935,100 987,377 106%
Capital Project Transfers 2,078,100 2,078,100 2,078,100 100%
All Other 3 1,117,000 1,192,000 1,190,575 100%
$ 46,495,500 $ 46,567,874 $ 41,655,875 89%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent,
Sale of Assets, Return Check Fees, Fund Interest Income, Investment Manager
Cost and Transfer in Other Reserves
2
Includes Stormwater Division
3
Includes Misc. Grant Exp., Bank and CC Fees, Street Lights Expense, DDP
Contribution, Bond Issue Costs, Trf to Cable Franchise Reserve and
Trf to Uncollectible Reserve
Page 188
Page 4
Page 189
Item #21.
Finance Department Monthly Report June 2021
General Fund Revenues
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants
I
Interfund Services All Other 1
Original Budget Revised Budget
•Actual
General Fund Expenditures
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$- I liiil
• Original Budget Revised Budget Iii Actual
Page 5
Page 189
Page 190
Item #21.
Finance Department Monthly Report June 2021
City of Dover
Preliminary Water Fund Summary
Fiscal Year to Date (June 2021)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 6,231,700 $ 6,231,700 $ 5,777,175 93%
Impact Fees 570,000 570,000 172,127 30%
Rents 420,100 420,100 435,439 104%
Miscellaneous 1 101,800 161,875 232,659 144%
$ 7,323,600 $ 7,383,675 $ 6,617,400 90%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 3,289,200 $ 3,010,720 $ 2,668,785 89%
Interfund Services 1,028,800 1,028,800 825,906 80%
Debt Service 762,800 762,800 778,168 102%
Post Retirement Benefits 176,900 176,900 176,900 100%
Capital Project Transfers 1,300,000 1,466,780 1,300,000 89%
General Fund Transfer 500,000 500,000 500,000 100%
All Other 2 20,000 20,000 35,785 179%
$ 7,077,700 $ 6,966,000 $ 6,285,544 90%
1
Includes Interest Earnings and Miscellaneous Income
2
Includes Bank & CC Fees and sale of water meters
Page 6
Page 190
Page 191
Item #21.
Finance Department Monthly Report June 2021
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales
--- Impact Fees
Iii Original Budget • Revised Budget
Rents
Actual
Miscellaneous 1
Water Expenditures
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers General Fund Transfer All Other 2
Iii Original Budget Revised Budget Actual
Page 7
Page 191
Page 192
Item #21.
Finance Department Monthly Report June 2021
City of Dover
Preliminary Wastewater Fund Summary
Fiscal Year to Date (June 2021)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 9,783,000 $ 9,783,000 $ 9,302,915 95%
Impact Fees 480,000 480,000 151,696 32%
Miscellaneous 1 21,300 33,025 40,112 121%
$ 10,284,300 $ 10,296,025 $ 9,494,723 92%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 1,432,500 $ 1,368,315 $ 1,204,915 88%
Kent County Treatment Fee 4,302,900 4,774,975 4,773,265 100%
Interfund Services 779,600 779,600 633,560 81%
Debt Service 659,900 659,900 589,660 89%
Post Retirement Benefits 81,500 81,500 81,500 100%
Capital Project Transfers 1,200,000 1,200,000 1,200,000 100%
General Fund Transfer 500,000 500,000 500,000 100%
All Other 2 10,000 10,000 11,073 111%
$ 8,966,400 $ 9,374,290 $ 8,993,973 96%
1
Includes Interest Earnings, Miscellaneous Income, and Wastewater Penalties
2
Includes Bank & CC Fees and Bond Issuance Cost
Page 8
Page 192
Page 193
Item #21.
Finance Department Monthly Report June 2021
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Revised Budget Actual
Wastewater Expenditures
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$- ~I
Program Expenses Kent County Treatment
Fee
~•
Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers General Fund Transfer All Other 2
~ Original Budget • Revised Budget • Actual
Page 9
Page 193
Page 194
Item #21.
Finance Department Monthly Report June 2021
City of Dover
Preliminary Electric Fund Summary
Fiscal Year to Date (June 2021)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 81,662,500 $ 81,662,500 $ 78,629,245 96%
Distribution of Earnings (5,246,100) (5,246,100) (5,007,813) 95%
All Other 1 3,424,400 3,424,400 3,360,996 98%
$ 79,840,800 $ 79,840,800 $ 76,982,428 96%
Expenditures
Original Budget Revised Budget Actual %
Power Supply & Generation $ 46,084,100 $ 46,084,100 $ 37,031,907 80%
Electric Operating Div. Exp. 7,345,800 7,345,800 6,160,792 84%
Interfund Services 3,784,300 3,784,300 3,093,320 82%
Debt Service 1,378,600 1,378,600 1,379,810 100%
Post Retirement Benefits 789,600 789,600 789,600 100%
Capital Project Transfers 6,000,000 6,000,000 6,000,000 100%
General Fund Transfer 10,000,000 10,000,000 10,000,000 100%
Rate Stabilization Reserve 2,000,000 2,000,000 2,000,000 100%
All Other 2 2,023,400 2,023,400 2,181,658 108%
$ 79,405,800 $ 79,405,800 $ 68,637,087 86%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Income, Penalties,
General Service Billing Received from Uncollectible, and Green Energy Charge
2
Includes Utility Tax, Interest on Deposits, Green Energy, A/R Write-offs, and
Bank & CC Fees, and Transfer to Other Reserve.
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 749,446 749,446 719,172
Sales per MWh $100.30 $100.30 $100.79
Purchased/Generated MWh 779,796- 779,796- 753,072-
All In MWh Supply & Generation $59.10 $59.10 $49.17
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Item #21.
Finance Department Monthly Report June 2021
Electric Fund - Revenues
Mi llions
$(10) $- $10 $20 $30 $40 $50 $60 $70 $80 $90
Original Budget
Revised Budget
Actual
Customer Sales
•Distribution of Earnings All Other 1
Electric Fund - Expenditures
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Post Retirement Capital Project General Fund Rate Stabilization
Interfund Services Debt Service All Other 2
Generation Div. Exp. Benefits Transfers Transfer Reserve
Original Budget $46,084,100 7,345,800 3,784,300 1,378,600 789,600 6,000,000 10,000,000 2,000,000 2,023,400
Revised Budget $46,084,100 7,345,800 3,784,300 1,378,600 789,600 6,000,000 10,000,000 2,000,000 2,023,400
Actual $37,031,907 6,160,792 3,093,320 1,379,810 789,600 6,000,000 10,000,000 2,000,000 2,181,658
Iii Original Budget Revised Budget Actual
IPage 11 I
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Finance Department Monthly Report June 2021
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Item #21.
Finance Department Monthly Report June 2021
City of Dover
Preliminary Division Expense Summary (General Fund)
Fiscal Year to Date (June 2021)
Original
- Budget Revised
- Budget- Actual -% General Fund Divisions % of Budget
City Clerk $ 508,400 $ 511,891 $ 382,172 75%
Council 156,600 156,600 102,571 65% Mayor
Tax Assessor 245,900 238,400 225,589 95% Human Resources
Fire 769,900 769,900 721,329 94% Customer Services
Grounds 1,456,600 1,456,600 1,319,440 91% Fleet Maintenance
Library 1,822,700 1,822,700 1,527,495 84%
Procurement & Inventory
Recreation 1,129,700 1,129,700 806,307 71%
Life Safety 432,700 434,974 423,632 97% Engineering
Code Enforcement 815,000 815,000 377,793 46% Facilities Management
Planning 663,200 657,800 513,942 78% Pub. Services Administration
Public Inspections 595,300 595,800 538,858 90% Finance
Police 17,819,900 17,819,900 16,349,474 92% Information Technology
Police Extra Duty 750,000 750,000 290,031 39%
City Manager
Streets 699,700 689,700 613,320 89%
Sanitation 2,506,800 2,553,425 2,387,717 94% Stormwater
Stormwater 785,900 639,900 504,909 79% Sanitation
City Manager 1,044,800 991,800 973,351 98% Streets
Information Technology 912,800 912,800 749,729 82% Police Extra Duty
Finance 992,700 992,700 815,277 82%
Police
Pub. Services Administration 594,600 603,400 497,683 82%
Public Inspections
Facilities Management 655,800 655,800 601,104 92%
Engineering 198,700 294,900 199,755 68% Planning
Procurement & Inventory 715,900 730,284 632,731 87% Code Enforcement
Fleet Maintenance 930,600 924,600 843,776 91% Life Safety
Customer Services 1,107,600 1,107,600 1,001,338 90% Recreation
Human Resources 524,200 529,200 465,130 88%
Library
Mayor 221,700 221,700 191,114 86%
Grounds
$ 39,057,700 $ 39,007,074 $ 34,055,568 87%
Fire
Tax Assessor
Council
City Clerk
0% 20% 40% 60% 80% 100% 120%
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Finance Department Monthly Report June 2021
Item #21.
City of Dover
Preliminary Utilities Expenditure Summary
Fiscal Year to Date (June 2021)
Water Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 397,800 $ 431,180 $ 380,511 88%
Water Department 669,800 640,600 530,223 83%
Water Treatment Plant 2,221,600 1,938,940 1,758,051 91%
$ 3,289,200 $ 3,010,720 $ 2,668,785 89%
Wastewater Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 288,300 $ 278,100 $ 232,382 84%
Wastewater Department 1,144,200 1,090,215 972,532 89%
$ 1,432,500 $ 1,368,315 $ 1,204,915 88%
Electric Division
Original Budget Revised Budget Actual %
Transmission/Distribution $ 3,995,600 $ 4,010,600 $ 3,430,171 86%
Electrical Engineering 1,396,400 1,381,400 1,176,884 85%
Administration 707,400 707,400 491,775 70%
Meter Reading 375,300 375,300 353,535 94%
Systems Operations 871,100 871,100 708,428 81%
$ 7,345,800 $ 7,345,800 $ 6,160,792 84%
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Finance Department Monthly Report June 2021
Item #21.
Water Division % of Budget
Water Treatment Plant
Water Department
•
Engineering & Inspection
78% 80% 82% 84% 86% 88% 90% 92%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
80% 81% 82% 83% 84% 85% 86% 87% 88% 89% 90%
Electric Division % of Budget
Systems Operations I
I
.
I
Meter Reading I
.
I
I
Administration
Electrical Engineering
Transmission/Distribution
0% 20% 40% 60% 80% 100%
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Finance Department Monthly Report June 2021
Item #21.
City of Dover
Preliminary Capital Outlay Summary (All Funds)
Fiscal Year to Date (June 2021)
General Fund Original Budget Revised Budget Actual %
Fire $ 173,300 $ 173,300 $ 134,493 78%
Life Safety - 67,500 67,291 100%
Code Enforcement - 37,800 37,776 100%
Planning 20,400 20,400 3,716 18%
Inspections 18,600 23,500 - 0%
Police 912,400 986,800 779,672 79%
Streets 936,000 3,209,400 516,481 16%
Sanitation 475,200 475,200 - 0%
Stormwater 1,110,700 1,342,200 91,393 7%
Facilities Management 700,000 700,000 - 0%
Library County Grant - 19,900 23,414 118%
Recreation 395,000 904,000 284,311 31%
Purchasing 25,000 325,000 31,492 10%
Information Technology 61,600 61,600 12,202 20%
Public Works Engineering 39,600 39,600 1,858 5%
General Fund Capital Projects $ 4,867,800 $ 8,386,200 $ 1,984,099 24%
Water Fund
Water $ 1,205,500 $ 1,793,441 $ 1,273,230 71%
Water Engineering 20,400 1,900 929 49%
Water Treatment Plant - 859,679 859,422 100%
Water Fund Capital Projects $ 1,225,900 $ 2,655,020 $ 2,133,581 80%
Wastewater Fund
Wastewater Engineering $ 14,000 $ 1,300 $ 929 71%
Wastewater 1,085,000 2,279,750 1,341,468 59%
Wastewater Fund Capital Projects $ 1,099,000 $ 2,281,050 $ 1,342,397 59%
Electric Fund
Electric Generation $ 1,267,000 $ 1,302,700 $ 113,803 9%
Transmission/Distribution 1,100,000 1,293,100 754,521 58%
Electrical Engineering 2,968,900 2,706,600 1,364,433 50%
ERP System 500,000 1,244,800 188,110 15%
Electric Administration 360,000 2,064,400 317,794 15%
Electric Fund Capital Projects $ 6,195,900 $ 8,611,600 $ 2,738,661 32%
TOTAL CAPITAL PROJECTS $ 13,388,600 $ 21,933,870 $ 8,198,738 37%
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Finance Department Monthly Report June 2021
Item #21.
Capital Outlay - All Divisions
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$- ... II _I I 111
• Original Budget • Revised Budget Actual
Capital Outlay - By Fund
$10,000,000
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
ORIGINAL BUDGET REVISED BUDGET ACTUAL EXPENDED
Iii General Fund Capital Projects • Water Fund Capital Projects Iii Wastewater Fund Electric Fund Capital Projects
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Finance Department Monthly Report June 2021
Item #21.
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Item #21.
P -:ASE NOTE THIS REPO T PROVIDES TO LINE INFORMATION
ON THE OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL
'NFORMATION, 'LEASE FEEL FREE TO CONTACT THE FINANCE
DEPARTMENT.
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Finance Department Monthly Report July 2021
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Item #21.
Finance Department Monthly Report July 2021
CITY OF DOVER
ACTIVITY REPORTS
July 2021
FINANCE DEPARTMENT ACTIVITY LEVELS
FY21 YTD FY22 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 562 585
Total Amount of All Deposits $ 17,287,096 $ 23,983,097
Other Activity
Number of Pay Periods 3 3
Number of Payroll Checks & Direct Deposits Issued 1,155 1,279
Number of Pension Checks Issued 260 265
Total Pension Benefits Paid - Defined Benefit Plan $ 477,410 $ 500,483
ACCOUNTS PAYABLE
Number of Check Vouchers 514 546
.______
Number of EFT Vouchers
Vouchers Dollar Amount Disbursed ______.____________.II.______
$
238
6,566,537 $
249
5,355,045
$7,405
FY21 YTD Wages FY22 YTD Wages
$34,052
$12,701 $6,094 $68,814
$16,1 $3,968
$38,855 $74,730 12
$57,604
$197,669
$275,639
$206,018
$323,199
$2,115,730 $2,029,552
Regular
.. Regular
All over time
All over time ..
Vacation
Vacation
Sick ..Sick
Terminal Leave - Retiree Vacation/Sick Payout
Terminal Leave - Retiree Vacation/Sick Payout
Personal
Other
Comp Time .Personal
Other . Comp Time
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Item #21.
Finance Department Monthly Report July 2021
City of Dover
General Fund Summary
Fiscal Year to Date (July 2021)
Revenues
Original Budget Actual %
Property & Transfer Taxes $ 16,667,700 $ 15,302,551 92%
Program Revenues 10,373,400 1,715,703 17%
Utility Transfers 12,000,000 1,000,000 8%
Grants 1,632,400 - 0%
Interfund Services 5,351,000 429,595 8%
All Other 1 805,000 19,752 2%
$ 46,829,500 $ 18,467,601 39%
Expenditures
Original Budget Actual %
Program Expenses $ 29,774,100 $ 2,813,659 9%
Interfund Services 10,795,400 855,019 8%
Debt Service 632,000 53,174 8%
Post Retirement Benefits 2,156,000 179,667 8%
Pension Fund Contributions 935,100 36,258 4%
Capital Project Transfers 2,975,600 756,475 25%
All Other 2 1,005,000 106,639 11%
$ 48,273,200 $ 4,800,891 10%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent,
Sale of Assets, Return Check Fees, Fund Interest Income, Investment Manager
Cost and Transfer in Other Reserves
2
Includes Misc. Grant Exp., Bank and CC Fees, Street Lights Expense, DDP
Contribution, Bond Issue Costs, Trf to Cable Franchise Reserve and
Trf to Uncollectible Reserve
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Item #21.
Finance Department Monthly Report July 2021
General Fund Revenues
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
-
$2,000,000
$-
liiiiiil _
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
•Original Budget •Actual
General Fund Expenditures
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
• I
Original Budget • Actual
Page 5
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Item #21.
Finance Department Monthly Report July 2021
City of Dover
Water Fund Summary
Fiscal Year to Date (July 2021)
Revenues
Original Budget Actual %
Customer Sales $ 6,353,800 $ 609,970 10%
Impact Fees 420,000 2,647 1%
Rents 436,700 440,978 101%
Miscellaneous 1 138,600 7,261 5%
$ 7,349,100 $ 1,060,857 14%
Expenditures
Original Budget Actual %
Program Expenses $ 3,341,300 $ 283,517 8%
Interfund Services 967,600 81,058 8%
Debt Service 762,800 30,203 4%
Post Retirement Benefits 192,000 16,000 8%
Capital Project Transfers 1,148,600 287,150 25%
Electric I&E Transfer 25,000 - 0%
General Fund Transfer 500,000 41,666 8%
All Other 2 27,000 616 2%
$ 6,964,300 $ 740,209 11%
1
Includes Interest Earnings and Miscellaneous Income
2
Includes Bank & CC Fees and sale of water meters
Page 6
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Item #21.
Finance Department Monthly Report July 2021
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Actual
Water Expenditures
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Capital Project Electric I&E Transfer General Fund All Other 2
Benefits Transfers Transfer
Original Budget Actual
Page 7
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Item #21.
Finance Department Monthly Report July 2021
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (July 2021)
Revenues
Original Budget Actual %
Customer Sales $ 10,007,700 $ 864,259 9%
Impact Fees 380,000 2,386 1%
Miscellaneous 1 82,900 1,260 2%
$ 10,470,600 $ 867,905 8%
Expenditures
Original Budget Actual %
Program Expenses $ 1,506,200 $ 121,161 8%
Kent County Treatment Fee 4,302,900 358,575 8%
Interfund Services 736,000 59,774 8%
Debt Service 659,900 12,336 2%
Post Retirement Benefits 93,000 7,750 8%
Capital Project Transfers 799,200 199,800 25%
Electric I&E Transfer 25,000 - 0%
General Fund Transfer 500,000 41,667 8%
All Other 2 12,000 616 5%
$ 8,634,200 $ 801,679 9%
1
Includes Interest Earnings, Miscellaneous Income, and Wastewater Penalties
2
Includes Bank & CC Fees and Bond Issuance Cost
Page 8
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Item #21.
Finance Department Monthly Report July 2021
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Actual
Wastewater Expenditures
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$- -- -- I_--
Program Expenses Kent County Interfund Services
Treatment Fee
Debt Service
=
Post Retirement
Benefits
I_= I _ -
Capital Project
Transfers
Electric I&E
Transfer
General Fund
Transfer
All Other 2
Original Budget Actual
Page 9
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Item #21.
Finance Department Monthly Report July 2021
City of Dover
Electric Fund Summary
Fiscal Year to Date (July 2021)
Revenues
Original Budget Actual %
Customer Sales $ 83,232,400 $ 7,625,177 9%
Distribution of Earnings (5,196,000) (491,583) 9%
All Other 1 3,825,000 117,465 3%
$ 81,861,400 $ 7,251,059 9%
Expenditures
Original Budget Actual %
Power Supply & Generation $ 47,757,300 $ 5,054,471 11%
Electric Operating Div. Exp. 7,788,700 638,404 8%
Interfund Services 3,647,400 288,764 8%
Debt Service 1,800,000 114,880 6%
Post Retirement Benefits 843,500 70,292 8%
Capital Project Transfers 3,711,100 927,775 25%
General Fund Transfer 11,000,000 916,667 8%
Rate Stabilization Reserve 2,000,000 - 0%
All Other 2 2,259,500 458,772 20%
$ 80,807,500 $ 8,470,024 10%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Income, Penalties,
General Service Billing Received from Uncollectible, and Green Energy Charge
2
Includes Utility Tax, Interest on Deposits, Green Energy, A/R Write-offs, and
Bank & CC Fees, and Transfer to Other Reserve.
Megawatt Hours Sold & Purchased Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 760,877 70,537
Sales per MWh $100.89 $99.61
Purchased/Generated MWh 778,465- 80,526-
All In MWh Supply & Generation $61.35 $62.77
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Item #21.
Finance Department Monthly Report July 2021
Electric Fund - Revenues
Millions
$(10) $- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Original Budget
Actual
Customer Sales Distribution of Earnings All Other 1
Electric Fund - Expenditures
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Electric Post Rate
Power Supply Interfund Capital Project General Fund
Operating Div. Debt Service Retirement Stabilization All Other 2
& Generation Services Transfers Transfer
Exp. Benefits Reserve
I Original Budget $47,757,300 7,788,700 3,647,400 1,800,000 843,500 3,711,100 11,000,000 2,000,000 2,259,500
Actual $5,054,471 638,404 288,764 114,880 70,292 927,775 916,667 - 458,772
Original Budget Actual
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Finance Department Monthly Report July 2021
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Item #21.
Finance Department Monthly Report July 2021
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (July 2021)
Original Budget Actual % General Fund Divisions % of Budget
City Clerk $ 535,800 $ 39,730 7%
Council 190,800 19,785 10% Mayor
Tax Assessor 263,800 37,248 14% Human Resources
Fire 797,200 47,700 6% Customer Services
Grounds 1,487,500 122,367 8% Fleet Maintenance
Library 1,859,900 170,208 9%
Procurement & Inventory
Recreation 1,191,500 119,965 10%
Life Safety 472,300 35,923 8% Engineering
Code Enforcement 654,100 50,658 8% Facilities Management
Planning 642,000 64,106 10% Pub. Services Administration
Public Inspections 651,200 67,254 10% Finance
Police 18,544,700 1,953,894 11%
Information Technology
Police Extra Duty 541,400 15,099 3%
City Manager
Streets 636,000 47,751 8%
Sanitation 2,564,800 136,082 5% Stormwater
Stormwater 774,100 58,459 8% Sanitation '
I
City Manager 920,100 77,919 8% Streets
Information Technology 738,500 56,304 8% Police Extra Duty
Finance 932,100 86,487 9% I
Police
Pub. Services Administration 587,200 62,898 11% I I
Facilities Management 837,000 72,877 9% Public Inspections
Engineering 181,100 9,311 5% Planning
I
Procurement & Inventory 738,600 71,295 10% Code Enforcement
I
Fleet Maintenance 906,500 71,131 8% Life Safety
Customer Services 1,048,300 109,866 10% Recreation
i
Human Resources 600,200 49,501 8%
Library
Mayor 222,800 12,756 6% I
Grounds
$ 39,519,500 $ 3,666,577 9% I
Fire
Tax Assessor -,-.
Council
City Clerk
I
0% 2% 4% 6% 8% 10% 12% 14% 16%
Page 13
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Finance Department Monthly Report July 2021
Item #21.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (July 2021)
Water Divison
Original Budget Actual %
Engineering & Inspection $ 294,400 $ 30,351 10%
Water Department 676,300 68,864 10%
Water Treatment Plant 2,370,600 184,302 8%
$ 3,341,300 $ 283,517 8%
Wastewater Divison
Original Budget Actual %
Engineering & Inspection $ 393,700 $ 31,466 8%
Wastewater Department 1,112,500 89,696 8%
$ 1,506,200 $ 121,161 8%
Electric Division
Original Budget Actual %
Transmission/Distribution $ 4,127,400 $ 356,507 9%
Electrical Engineering 1,419,600 120,859 9%
Administration 910,100 43,554 5%
Meter Reading 389,400 38,262 10%
Systems Operations 942,200 79,222 8%
$ 7,788,700 $ 638,404 8%
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Finance Department Monthly Report July 2021
Item #21.
Water Division % of Budget
Water Treatment Plant
Water Department
•
Engineering & Inspection
0% 2% 4% 6% 8% 10% 12%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
8% 8% 8% 8% 8% 8% 8% 8%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 2% 4% 6% 8% 10% 12%
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Finance Department Monthly Report July 2021
Item #21.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (July 2021)
General Fund Original Budget Actual %
Fire $ 250,300 $ 13,418 5%
Planning - 458 0%
Inspections 25,100 - 0%
Police 526,000 10,640 2%
Streets 506,000 - 0%
Sanitation 166,200 - 0%
Stormwater 2,546,200 - 0%
Facilities Management 125,000 - 0%
Library County Grant 25,000 - 0%
Recreation 756,000 8,540 1%
Information Technology 36,600 - 0%
Public Works Engineering - 230 0%
General Fund Capital Projects $ 4,962,400 $ 33,286 1%
Water Fund
Water $ 1,729,000 $ 31,800 2%
Water Engineering - 114 0%
Water Treatment Plant 177,300 - 0%
Water Fund Capital Projects $ 1,906,300 $ 31,914 2%
Wastewater Fund
Wastewater Engineering $ - $ 114 0%
Wastewater 831,200 - 0%
Wastewater Fund Capital Projects $ 831,200 $ 114 0%
Electric Fund
Electric Generation $ 9,070,000 $ - 0%
Transmission/Distribution 1,320,800 104,653 8%
Electrical Engineering 8,952,300 59,733 1%
ERP System 500,000 - 0%
Electric Administration 1,843,200 - 0%
Electric Fund Capital Projects $ 21,686,300 $ 164,385 1%
TOTAL CAPITAL PROJECTS $ 29,386,200 $ 229,699 1%
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Finance Department Monthly Report July 2021
Item #21.
Capital Outlay - All Divisions
$10,000,000
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
I
$2,000,000
$1,000,000
$-
- I I !!!! I
Original Budget Actual
Capital Outlay - By Fund
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
ORIGINAL BUDGET REVISED BUDGET ACTUAL EXPENDED
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
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Finance Department Monthly Report July 2021
Item #21.
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Item #22.
MONTHLY REPORT
JULY 2021
Page 221
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Date Range: From 07/01/2021 to 07/31/2021
Incident Run Log Company: All Companies Item #22.
Dover Fire Department Equipment Type(s): All Equipment Types
Sorted by: Not selected
Date FDID Incident# Alarm ### Address Suite Type Lgth
07/01/2021 30046 2021-000596 08:42 1420 S HANCOCK AVE Good intent call, other 0.2
07/01/2021 30046 2021-000597 08:55 1300 S FARMVIEW DR G Good intent call, other 0.4
07/01/2021 30046 2021-000598 11:19 46 S BRADFORD ST Alarm system sounded due to malfunction 0.1
07/01/2021 30046 2021-000599 12:48 383 MAYBERRY LA Cooking fire, confined to container 0.3
07/01/2021 30046 2021-000600 17:59 1133 S LITTLE CREEK RD Arcing, shorted electrical equipment 0.3
07/01/2021 30046 2021-000601 19:56 408 NOB HILL RD Smoke scare, odor of smoke 0.2
07/01/2021 30046 2021-000602 21:29 347 EISENHOWER DR Lightning strike (no fire) 0.5
07/01/2021 30046 2021-000603 21:39 26 S STATE ST Gas leak (natural gas or LPG) 0.8
07/02/2021 30046 2021-000604 00:04 1409 HOPKINS AVE Good intent call, other 0.6
07/02/2021 30046 2021-000605 08:46 380 PARADEE DR Smoke detector activation, no fire - unintentional 0.4
07/02/2021 30046 2021-000606 11:23 400 S QUEEN ST Assist invalid 0.1
07/02/2021 30046 2021-000607 18:04 341 SAULSBURY RD Smoke detector activation, no fire - unintentional 0.2
07/02/2021 30046 2021-000608 21:15 46 WYATT ST Dispatched & canceled en route 0.0
07/03/2021 30046 2021-000609 13:23 734 SLAUGHTER ST Smoke detector activation, no fire - unintentional 0.3
07/04/2021 30046 2021-000610 12:25 806 SLAUGHTER ST Good intent call, other 0.5
07/04/2021 30046 2021-000611 13:34 44 SHINNECOCK RD Cooking fire, confined to container 0.3
07/04/2021 30046 2021-000612 19:20 204 GROUSE TRAIL Assist invalid 0.6
07/04/2021 30046 2021-000613 20:44 148 WILLIS RD Outside rubbish, trash or waste fire 0.3
07/04/2021 30046 2021-000614 23:27 7 GOGGIN CT Assist invalid 0.3
07/04/2021 30046 2021-000615 23:46 WESTOVER DR Outside rubbish, trash or waste fire 0.3
07/05/2021 30046 2021-000616 12:09 44 CARVER RD Gas leak (natural gas or LPG) 0.6
07/05/2021 30046 2021-000617 14:11 RUSTIC LA Motor vehicle accident with injuries 1.4
07/05/2021 30046 2021-000618 19:26 30 PATRIOT DR Cooking fire, confined to container 0.3
07/06/2021 30046 2021-000619 12:41 341 SAULSBURY RD Smoke detector activation due to malfunction 0.5
07/06/2021 30046 2021-000620 23:49 1300 S FARMVIEW DR C Cooking fire, confined to container 0.3
07/07/2021 30046 2021-000621 13:05 51 WEBBS LN AA Cooking fire, confined to container 0.5
07/07/2021 30046 2021-000622 13:17 51 WEBBS LN C Smoke detector activation due to malfunction 0.5
07/07/2021 30046 2021-000623 13:56 STATE ROUTE 1 SOUTH EXIT 98 Dispatched & canceled en route 0.3
07/07/2021 30046 2021-000624 14:07 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.4
07/07/2021 30046 2021-000625 22:20 159 WILLIS RD Electrical wiring/equipment problem, other 0.5
07/07/2021 30046 2021-000626 23:07 11 FAIR WIND PL Outside rubbish fire, other 1.1
07/08/2021 30046 2021-000627 07:56 3773 HAZLETTVILLE RD Smoke detector activation, no fire - unintentional 0.4
07/08/2021 30046 2021-000628 08:37 138 SPRUANCE RD CO detector activation due to malfunction 0.3
07/08/2021 30046 2021-000629 10:44 631 RIDGELY ST Smoke detector activation, no fire - unintentional 0.2
07/08/2021 30046 2021-000630 14:03 10 WIMBLEDON DR Alarm system sounded due to malfunction 0.3
07/08/2021 30046 2021-000631 14:27 1700 N DUPONT HWY F Smoke detector activation, no fire - unintentional 0.1
07/08/2021 30046 2021-000632 14:31 100 ISABELLE ISLE Alarm system activation, no fire - unintentional 0.4
07/08/2021 30046 2021-000633 18:45 935 WESTVIEW TERRACE Outside rubbish, trash or waste fire 0.8
07/08/2021 30046 2021-000634 21:05 140 SWEETGUM DR Smoke detector activation due to malfunction 0.4
07/08/2021 30046 2021-000635 23:50 409 NEW CASTLE AVENUE Medical assist, assist EMS crew 0.2
07/09/2021 30046 2021-000636 00:04 ROUTE 1 SOUTHBOUND Motor vehicle accident with injuries 0.3
07/09/2021 30046 2021-000637 07:48 1284 MCD DR System malfunction, other 0.3
07/09/2021 30046 2021-000638 14:05 105 KATRINA WAY System malfunction, other 0.5
07/09/2021 30046 2021-000639 17:17 301 TOLLHOUSE PL Gas leak (natural gas or LPG) 1.0
07/09/2021 30046 2021-000640 19:08 333 CHARRING CROSS DR Lock-in (if lock out , use 511 ) 0.3
07/10/2021 30046 2021-000641 10:01 400 N DUPONT HWY A Smoke detector activation due to malfunction 0.6
07/10/2021 30046 2021-000642 13:32 53 ROCKFORD CROSSING Gasoline or other flammable liquid spill 0.5
07/10/2021 30046 2021-000643 20:30 12 KINGS HWY Cooking fire, confined to container 0.3
07/10/2021 30046 2021-000644 21:32 1650 N DUPONT HWY Good intent call, other 0.4
07/10/2021 30046 2021-000645 22:45 70 NUGENT LOOP Dispatched & canceled en route 0.2
07/11/2021 30046 2021-000646 01:13 1001 FORREST AVE Rescue, EMS incident, other 0.3
07/11/2021 30046 2021-000647 10:57 STATE ROUTE 1 Motor vehicle accident with no injuries. 0.3
07/11/2021 30046 2021-000648 11:58 214 MILLCREEK DR Good intent call, other 0.5
07/12/2021 30046 2021-000649 09:07 1300 S FARMVIEW DR C Good intent call, other 0.4
07/12/2021 30046 2021-000650 09:38 15 S QUEEN ST Gas leak (natural gas or LPG) 0.5
07/12/2021 30046 2021-000651 12:33 20 E FRED CIR Assist invalid 0.5
07/12/2021 30046 2021-000652 13:37 120 CECIL ST Alarm system activation, no fire - unintentional 0.3
07/12/2021 30046 2021-000653 14:58 310 PEBBLE DR Assist invalid 0.7
07/12/2021 30046 2021-000654 16:01 2103 WHITEOAK Public service assistance, other 0.3
Page 222
Date: 08/09/2021 Page: 1 Time:10:23
Page 223
Date FDID Incident# Alarm ### Address Suite Type Lgth
07/12/2021 30046 2021-000655 16:22 56 GRISTMILL DR CO detector activation due to malfunction Item #22. 0.2
07/13/2021 30046 2021-000656 01:24 107 W LOOCKERMAN ST Dispatched & canceled en route 0.1
07/13/2021 30046 2021-000657 15:00 1155 S LITTLE CREEK RD Alarm system activation, no fire - unintentional 0.2
07/13/2021 30046 2021-000658 15:14 107 W LOOCKERMAN ST Service Call, other 0.3
07/13/2021 30046 2021-000659 15:34 1155 S LITTLE CREEK RD Alarm system sounded due to malfunction 0.3
07/13/2021 30046 2021-000660 18:37 1035 FORREST AVE Alarm system activation, no fire - unintentional 0.5
07/13/2021 30046 2021-000661 19:08 E WATER ST Gasoline or other flammable liquid spill 0.2
07/13/2021 30046 2021-000662 22:22 112 FULTON ST No incident found on arrival at dispatch address 0.5
07/13/2021 30046 2021-000663 22:23 9 WASHINGTON PL Outside rubbish, trash or waste fire 0.4
07/13/2021 30046 2021-000664 23:35 112 FULTON ST System malfunction, other 0.2
07/14/2021 30046 2021-000665 01:05 800 ISABELLE ISLE CO detector activation due to malfunction 0.5
07/14/2021 30046 2021-000666 10:58 20 CECIL ST Unintentional transmission of alarm, other 0.5
07/14/2021 30046 2021-000667 10:59 65 CARVER RD System malfunction, other 0.2
07/15/2021 30046 2021-000668 07:27 215 STADIUM STREET Special type of incident, other 1.2
07/15/2021 30046 2021-000669 16:31 3700 BAY RD Extrication, rescue, other 0.5
07/15/2021 30046 2021-000670 17:02 MILLCHOP LANE/ JUANITA DR Special type of incident, other 0.4
07/15/2021 30046 2021-000671 17:24 1580 SOUTH DUPONT HIGHWAY Good intent call, other 0.3
07/15/2021 30046 2021-000672 17:44 RT 1 NB / EXIT 95 Extrication of victim(s) from vehicle 0.5
07/16/2021 30046 2021-000673 00:58 200 Plaza dr Extrication of victim(s) from vehicle 0.5
07/16/2021 30046 2021-000674 02:10 3752 PORT MAHON RD Special type of incident, other 0.8
07/16/2021 30046 2021-000675 10:56 1570 N DUPONT HWY Smoke detector activation due to malfunction 0.5
07/16/2021 30046 2021-000676 17:00 200 E CAMDEN WYOMING AVE Cover assignment, standby, moveup 0.5
07/16/2021 30046 2021-000677 18:29 431 E WATER ST Vehicle accident, general cleanup 0.4
07/18/2021 30046 2021-000678 01:10 832 SUNSET TERR Overheated motor 0.5
07/18/2021 30046 2021-000679 02:44 1740 S STATE ST Dispatched & canceled en route 0.1
07/18/2021 30046 2021-000680 02:51 4698 S DUPONT HWY Smoke detector activation due to malfunction 0.6
07/19/2021 30046 2021-000681 00:50 1568 N DUPONT HWY Smoke detector activation due to malfunction 0.5
07/19/2021 30046 2021-000682 08:17 731 SLAUGHTER ST Gas leak (natural gas or LPG) 0.8
07/19/2021 30046 2021-000683 11:41 SR1 & MAIN TOLL PLAZA Good intent call, other 0.3
07/19/2021 30046 2021-000684 21:13 1200 N DUPONT HWY Smoke scare, odor of smoke 1.0
07/20/2021 30046 2021-000685 04:07 109 S BRADFORD ST Dumpster or other outside trash receptacle fire 0.3
07/20/2021 30046 2021-000686 10:08 1202 WHITEOAK RD Smoke detector activation due to malfunction 0.5
07/21/2021 30046 2021-000687 09:55 1200 N DUPONT HWY False alarm or false call, other 0.2
07/21/2021 30046 2021-000688 10:16 221 SAULSBURY RD System malfunction, other 0.1
07/21/2021 30046 2021-000689 12:28 S STATE ST Dispatched & canceled en route 0.1
07/21/2021 30046 2021-000690 12:47 32 W LOOCKERMAN ST False alarm or false call, other 0.3
07/21/2021 30046 2021-000691 13:02 45 MCKEE RD Authorized controlled burning 0.2
07/21/2021 30046 2021-000692 22:02 1289 Walker Road Dispatched & canceled en route 0.0
07/22/2021 30046 2021-000693 15:38 101 BABB DR Smoke detector activation due to malfunction 0.5
07/22/2021 30046 2021-000694 18:37 652 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.3
07/22/2021 30046 2021-000695 19:03 426 S NEW ST Service Call, other 0.2
07/23/2021 30046 2021-000696 00:06 30 REPRESENTATIVE LN Smoke detector activation due to malfunction 0.4
07/23/2021 30046 2021-000697 08:49 120 S GOVERNORS AVE Alarm system sounded due to malfunction 0.2
07/23/2021 30046 2021-000698 19:55 341 SAULSBURY RD Smoke detector activation due to malfunction 0.3
07/24/2021 30046 2021-000699 04:12 1300 S FARMVIEW DR A Smoke scare, odor of smoke 0.7
07/24/2021 30046 2021-000700 13:59 119 OFF RAMP RD Dispatched & canceled en route 0.1
07/24/2021 30046 2021-000701 14:49 430 KINGS HWY NE 1 Alarm system activation, no fire - unintentional 0.4
07/24/2021 30046 2021-000702 18:42 800 N STATE ST Natural vegetation fire, other 0.3
07/24/2021 30046 2021-000703 18:55 644 WINDING CREEK RD Good intent call, other 0.4
07/24/2021 30046 2021-000704 20:40 200 DOVEVIEW DR Smoke scare, odor of smoke 0.9
07/25/2021 30046 2021-000705 20:18 26 S STATE ST Smoke detector activation due to malfunction 0.6
07/26/2021 30046 2021-000706 09:37 182 FOX ROAD Smoke detector activation, no fire - unintentional 0.4
07/26/2021 30046 2021-000707 13:51 NEW BURTON RD Dispatched & canceled en route 0.1
07/26/2021 30046 2021-000708 14:52 303 TRANSPORTATION CIRCLE Service Call, other 0.3
07/26/2021 30046 2021-000709 20:57 1200 N DUPONT HWY Alarm system sounded due to malfunction 0.3
07/27/2021 30046 2021-000710 13:06 1033 S BRADFORD ST Public service assistance, other 0.3
07/27/2021 30046 2021-000711 15:59 1008 S GOVERNORS AVE Cooking fire, confined to container 0.3
07/28/2021 30046 2021-000712 06:42 100 ISABELLE ISLE Smoke detector activation due to malfunction 0.3
07/28/2021 30046 2021-000713 10:25 101 BABB DR Dispatched & canceled en route 0.1
07/28/2021 30046 2021-000714 14:02 200 BANNING ST Smoke detector activation, no fire - unintentional 0.3
07/28/2021 30046 2021-000715 20:34 NEW BURTON RD & WYOMING Arcing, shorted electrical equipment 0.0
07/28/2021 30046 2021-000716 21:14 200 BEECHWOOD AVE Lock-out 0.3
07/29/2021 30046 2021-000717 14:10 145 UPLAND AVE Gas leak (natural gas or LPG) 0.7
Page 223
Date: 08/09/2021 Page: 2 Time:10:23
Page 224
Date FDID Incident# Alarm ### Address Suite Type Lgth
07/29/2021 30046 2021-000718 14:43 19 STEVENSON DR Cooking fire, confined to container Item #22. 0.4
07/29/2021 30046 2021-000719 15:18 500 PERSIMMON TREE LA 3 Cooking fire, confined to container 0.5
07/29/2021 30046 2021-000720 21:18 515 N DUPONT HWY Unintentional transmission of alarm, other 0.3
07/30/2021 30046 2021-000721 12:25 990 WYOMING MILL RD Motor vehicle accident with injuries 1.0
07/30/2021 30046 2021-000722 16:19 31 NICHOLAS DR Service Call, other 0.7
07/31/2021 30046 2021-000723 04:45 MM6 ROUTE 1 NB Extrication, rescue, other 0.6
07/31/2021 30046 2021-000724 12:58 267 TROON RD Brush or brush-and-grass mixture fire 0.5
07/31/2021 30046 2021-000725 20:14 200 W LOOCKERMAN ST Smoke detector activation, no fire - unintentional 0.7
Total Number of Incidents: 130
Total Length of Incidents: 52.8 Hours
Page 224
Page 225
11:44 AM Robbins Hose Company# 1, Inc.
08/01/21 Profit & Loss
Accrual Basis July 2021
Jul 21
Ordinary Income/Expense
Expense
Personnel & Office Expenses
201 · Contract Employee 4,392.12
202 · Contract Services-Account... 85.00
203 · Office Supplies 33.66
204 · Training & Travel Expenses 2,216.43
Total Personnel & Office Expenses 6,727.21
Repairs & Maintenance
101 · Equipment Repairs 4,889 .51
102 · Fuel 1,424.08
103 · Medical Supplies 64 .30
104 · Other Equipment Repairs 193.41
107 · Small Tools 97.01
Total Repairs & Maintenance 6,668.31
Uniforms
301 · Safety & Security Material 283 .80
304 · Dispatchers Uniforms 145.00
Total Uniforms 428.80
Utilities
402 · Electric 775.07
403 · Natural Gas 97.22
404 · Telephone 794.17
405 · Water/Sewer 29.98
Total Utilities 1,696.44
Total Expense 15,520.76
Net Ordinary Income -15,520 .76
Net Income -15,520.76
D
Page 225 Item #22.
··D
Page 226
11:50 AM Robbins Hose Company # 1, Inc.
08/01/21 Expenses by Vendor Summary
Accrual Basis July 2021
Jul 21
Atlantic Emergency Solutions 2,961.18
Carter Knotts 4,392:12
Chesapeake Utilities 97,22
Chief Technologies, LLC 420.00
City of Dover 1,291 .26
City of Dover Utility 805.05
Delaware State Fire School 2,025.00
Donald Bates 48.98
Keen Compressed Gas 6430
M&T Bank 637.25
Madden Auto Supply Inc. 117.50
Raymond F. Book & Associates 85.00
Robbins Hose Company 145.00
Roy's Electrical Service, Inc. 143.41
Service Tire 435.00
T & T Small Engines 50.00
Verizon 158.96
Verizon Wireless 150.20
Winner Ford 1,493.33
TOTAL 15,520.76
D
Page 226 Item #22.
··D
Page 227
CITY OF DOVER Item #23.
POLICE DEPARTMENT
..., .. \,
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/
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IJ • LY2021 Page 227
Page 228
Item #23.
DEPARTMENT OF POLICE
Thomas A. Johnson, Jr. 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
September 13, 2021
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 for Dover Police Department activities for the month of July:
COMPLAINTS
Total complaints received through July 31, 2021 numbered 22,571 this is an increase of 3,668
complaints over the same period last year.
30,000 25,533
24,668 24,204
25,000 22,571
18,903
20,000
15,000
10,000
5,000
0
2017 2018 2019 2020 2021
CRIMINAL INVESTIGATIONS
6 5 5
4 3
II
2 2 2
· - • I •• •
2 1 1 1
0
·• -Burglary
0
Cases Reported in July
Robbery
0
Rape
Cases Cleared In July
0 0
Homicide
0
Sudden Death
Cases Cleared from Previous Months
0
1|Page
Page 228
Page 229
Item #23.
DRUGS, VICE, & ORGANIZED CRIME (DVOC) AND STREET CRIMES SECTION SEIZURES
Along with the drug seizures listed below, the units also recovered 493.5 grams/doses of miscellaneous
other drugs and $8,279.00 during the month of July.
200.00 183.90 181.2
100.00 47.30
0 0.592
0.00 1111
Marijuana Cocaine Ecstasy (Doses) Methamphetamine Heroin
• GRAMS/DOSES
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10 7
5
0
0 0
CI
0
• 0
DVOC/STREET CRIMES
0
• HANDGUN • RIFLE • SHOTGUN
- 2
0
PATROL
0 0 0
SEU
0
COMMUNITY POLICING & CADETS
COMMUNITY POLICING CONTACTS
ABANDONED VEHICLES 0
ALCOHOL VIOLATIONS/DUI’S 2 CADETS CONTACTS
ASSIST OTHER 82 PARKING 0
WARRANTS ON FILE 0 SMOKING 0
CRIMINAL ARRESTS 13 OPEN CONTAINER 2
PARKING DCO’S 6 LOUD NOISE 0
LOUD MUSIC 0 OTHER DCO’s 2
MISCELLANEOUS DCO’S 14 PROPERTY CHECKS 0
PARKING COMPLAINTS 1 BUSINESS CONTACTS 33
PEDDLER 2 LIBRARY CHECKS 0
COMMUNITY OUTREACH 155 COMPLAINTS ASSIGNED 1
CRIME PREVENTION CHECK 0 SPECIAL EVENTS 6
TRAFFIC ARRESTS 14 TOTAL CONTACTS 44
BIKE PATROL 0
PROPERTY CHECKS 43
WARNINGS 3
TOTAL CONTACTS 335
2|Page
Page 229
Page 230
Item #23.
STREET CRIMES
STREET CRIMES
ENFORCEMENT CONTACTS
ABANDONED VEHICLES 0
ALCOHOL VIOLATIONS/DUI'S 0
ASSIST OTHER 1
WARRANTS ON FILE 0
CITY PARK VIOLATIONS 0
CRIMINAL ARRESTS 30
DRUG RELATED ARRESTS 33
LOUD MUSIC 0
MISCELLANEOUS VIOLATIONS 0
PARKING VIOLATIONS 0
PEDDLER 0
MEETINGS 2
CURFEW CHECKS 120
CRIME PREVENTION CHECKS 0
TRAFFIC ARRESTS 29
WARNINGS 2
FUGITIVES 8
DCO'S 1
PROSTITUTION 0
TOTAL CONTACTS 226
TRAFFIC ARRESTS
The department issued 4,153 traffic citations through this reporting period; this is an increase of 1,335
citations over the number issued during the same period last year.
8,000
7,205
7,000
6,000 5,406 5,601
5,000
4,153
4,000
2,818
3,000
2,000
1,000
0
2017 2018 2019
I
2020 2021
3|Page
Page 230
Page 231
Item #23.
TRAFFIC CRASHES
1,400
1,242
1,200
1,000
800
600
400
189
200
0
Thru July
• Reportable • Non-Reportable
911 Center
During the month of July, the Dover Police Department handled 7,676 calls, a decrease of 705 calls
received during the same period last year.
9,500
9,114
9,000
8,500 8,381
8,065
8,000 7,915
7,676
7,500
7,000
6,500
• 2017 • 2018 • 2019 • 2020 • 2021
4|Page
Page 231
Page 232
Item #23.
CITY ORDINANCE SUMMONS
Through July 31, 2021, we issued 2,289 city ordinance summons, a decrease of 227 summonses for the
same period last year.
4,000 3,423
3,500 2,878 2,875
3,000 2,289
I • I. I . I .
2,500 2,062
1,764
2,000 1,393
1,066
I
1,500 793
1,000 565
500
0
2017 2018 2019 2020 2021
• ISSUED 3,423 2,878 2,875 2,062 2,289
• PAID 1,764 1,393 1,066 793 565
SEX OFFENDER STATISTICS/JULY
MONTHLY NON COMPLIANT
VERIFICATIONS NOTIFICATIONS
REVERIFICATIONS WARRANTS
TIER 1 0 0 0 0
TIER 2 13 1,209 38 2
TIER 3 13 1,859 34 0
ACTIVE SEX OFFENDERS THAT RESIDE IN THE CITY OF DOVER (please note, Tier 1
offenders are not contacted by Dover Police Sex Offender Agents).
200 187
182
180
160
140
120
98 100
100
80
60
40
20
0
JUNE JULY
• TIER 2 187 182
• TIER 3 98 100
(Please note, Tier 1 offenders are not contacted by Dover Police Sex Offender Agents)
5|Page
Page 232
Page 233
Item #23.
Please visit our website at www.doverpolice.org for up to date information on crimes and
activities in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
6|Page
I___JI
Page 233
Page 234
Item #26.
CITY OF DOVER ORDINANCE #2021-17
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3
4 That Chapter 80 - Personnel, Article IV – Pension Plans and Retirement Benefits (Except Police), Division
5 3 – General Employee Pension Plan of the Dover Code be amended by inserting the text indicated in bold,
6 blue font and deleting the text indicated in red strikeout as follows:
7
8 Section 80-504 – Normal Retirement.
9
10 The normal retirement date for each participant shall be the first day of the month following the
11 attainment of the age of 65 years, provided that he has completed ten years of continuous service.
12
13 (Code 1968, § 2-99; Ord. of 1-12-1970; Code 1981, § 2-181; Ord. of 6-24-1996; Ord. No. 2017-03, 2-13-
14 2017)
15
16 Section 80-505. Early retirement.
17
18 (a) Reduced benefits. A participant who has completed ten years of continuous service and
19 who has attained the age of 55 years may retire at any time within the ten years preceding
20 his normal retirement date; provided, however, that his retirement benefits shall be
21 computed at a reduced rate of one-half percent for each month computed from the date of
22 early retirement to age 65 years.
23
24 (b) Unreduced benefits.
25
26 (1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1, 1994,
27 a participant who has attained the age of 55 years, and whose attained age plus years
28 of continuous service is equal to or greater than 80, may retire at any time prior to
29 his normal retirement date with no reduction in retirement benefits.
30
31 (2) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a
32 participant who has completed 25 years of continuous service, or has attained the
33 age of 50 years and completed 20 years of continuous service may retire at any time
34 prior to his normal retirement date with no reduction in retirement benefits.
35
36 (Code 1968, § 2-100; Ord. of 1-12-1970; Code 1981, § 2-182; Ord. of 10-12-1982, § 1; Ord. of 4-25-
37 1994; Ord. No. 2017-03, 2-13-2017)
38
39 Section 80-506. Later retirement.
40
41 If a participant works beyond his normal retirement date, the payment of the participant's
42 retirement benefits shall be deferred until his actual retirement.
43
44 (Code 1968, § 2-101; Ord. of 1-12-1970; Code 1981, § 2-183; Ord. of 7-26-1993, § 3; Ord. No. 2010-13,
45 6-28-2010; Ord. No. 2017-03, 2-13-2017)
46
47
Page 234
Page 235
PROPOSED ORDINANCE #2021-17 - PENSION – FORM OF BENEFITS PAGE 2
Item #26.
48 Section 80-507. Forced retirement with pension.
49
50 The general employee pension plan board, upon recommendation of the city council or the city
51 manager, may require retirement in any case where deemed necessary due to the lack of work or inability
52 of the employee to perform with a satisfactory degree of efficiency, provided that the employee qualifies
53 for either normal retirement pursuant to section 80-504, or early retirement pursuant to section 80-505.
54 The employee shall then be entitled to receive, commencing on the first day of the month coinciding with
55 or next following his date of retirement, pension benefits equal to the benefits computed in accordance
56 with the provisions of section 80-508 on the basis of the employee's service completed prior to actual
57 retirement.
58
59 (Code 1968, § 2-102; Ord. of 1-12-1970; Code 1981, § 2-184; Ord. No. 2017-03, 2-13-2017)
60
61 Section 80-508. Amount of retirement benefits.
62
63 Retirement January 1, 1995, or later. The amount of retirement benefits payable to a participant
64 who retires on or after January 1, 1995 shall be computed on the basis of one-fiftieth of his average actual
65 monthly earnings multiplied by the total number of years of continuous service. Average actual monthly
66 earnings shall be a participant's base pay plus scheduled overtime, payment for being on call, except those
67 hours reported for being called out, and any retroactive pay corrections which involve any one of the
68 mentioned payments during any period of 36 consecutive months in his final ten years of continuous
69 service which results in the highest average monthly earnings.
70
71 If an employee's approved absence is the result of a workers compensation injury, the base wages
72 that the employee would have earned had he not been on workers compensation leave will be included
73 when determining the highest 36 consecutive months within his final ten years of continuous service.
74
75 The value of lost base salary as a result of mandatory furlough shall be added to an employee's
76 final average compensation and considered in the calculation of the amount of retirement benefits, if the
77 time period in which the mandatory furlough was required is within the highest 36 consecutive months or
78 earnings within the final ten years of continuous service.
79
80 (Code 1968, § 2-103; Ord. of 1-12-1970; Code 1981, § 2-185; Ord. of 10-12-1982, § 2; Ord. of 7-26-1993,
81 § 4; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 7-10-2000; Ord. No. 2010-13, 6-28-2010; Ord. No.
82 2017-03 , 2-13-2017)
83
84 Section 80-509. Form of benefits.
85
86 (a) Normal form. A monthly benefit shall be payable on the first day of the second month
87 preceding the date on which application for such benefit is filed. Payment will be
88 retroactive to the retirement date. Payments of benefits shall be payable monthly thereafter
89 during his lifetime, and terminating with the last payment on the first day of the month of
90 the death of the participant.
91
92 (b) Death of participant, etc. Upon the death of a participant who has retired, or who is eligible
93 to be retired under any of the provisions of this division, payment shall be made to their
94 eligible survivors in the amount of 50 percent of the monthly payments to which the
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PROPOSED ORDINANCE #2021-17 - PENSION – FORM OF BENEFITS PAGE 3
Item #26.
95 participant was or would have been entitled. Upon the death of a participant who has
96 completed a minimum of 20 ten years of service but is not yet eligible to retire because of
97 age and/or years of service, payment shall be made to their eligible survivors in the
98 amount of 50 percent of the monthly payment to which the participant was or would
99 have been entitled. that would have resulted by using the participant's service time; The
100 pension amount will be based upon Section 80-508. There shall be no reduction in
101 benefit. however, the benefit is to be computed at a reduced rate of one-half percent for
102 each month the participant was under the correct age for normal retirement. In no instance
103 shall actual monthly payments be less than $200.00, to be effective July 1, 2000. Upon the
104 death of both the participant and eligible survivor, if the benefit payments received in
105 aggregate are less than the member's contributions, the balance of the member's
106 contributions, plus five percent interest, will be paid to the surviving beneficiary designated
107 or his estate if no designation has been made and submitted to the general employee
108 pension plan board. The amount of benefit payments received and the amount of the
109 member's contributions shall be determined from the record of the pension board.
110
111 (c) Eligible survivor. An eligible survivor shall be one of the following in the order of
112 preference listed:
113
114 (1) Spouse. The participant's spouse who was married to the participant for at least one
115 year. Surviving spouse shall be required to provide supporting documents of
116 marriage.
117
118 (2) Children, unmarried.
119
120 a. The surviving children, biological or legally adopted, of the participant,
121 who have not attained their 18th birthday.
122
123 b. If said child is attending school on a full-time basis and provides proof of
124 attendance each year of eligibility, with the payment due for the month in
125 which he ceases to attend school on a full-time basis or with the payment
126 due for the month in which his 22nd birthday shall occur, whichever shall
127 occur first.
128
129 (d) Commencement of payment. Benefits payable to eligible survivors shall commence on the
130 first day of the month following the date of the participant's death.
131
132 (e) Benefits payable. Benefits payable to eligible survivors shall cease:
133
134 (1) Spouse. With respect to an eligible survivor who is a spouse, with the payment due
135 for the month in which their remarriage or death shall occur, whichever occurs first.
136
137 (2) Children. With respect to an eligible survivor who is a child(ren), with the payment
138 due for the month in which his 18th birthday or death shall occur, whichever shall
139 occur first. Payments shall be made in accordance with subsections (2)a. and b.
140
141 (f) Eligibility for benefits. The eligibility of any person or persons to receive payment of
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Item #26.
142 benefits as an eligible survivor shall be determined conclusively by the general employee
143 pension plan board based on application of such person or persons and any other
144 information which the pension board deems to be appropriate.
145
146 (Code 1968, § 2-104; Ord. of 1-12-1970; Code 1981, § 2-186; Ord. of 6-8-1987; Ord. of 7-26-1993, § 5;
147 Ord. of 4-25-1994; Ord. of 12-11-1995; Ord. of 4-14-1997; Ord. of 5-22-2000; Ord. of 7-10-2000; Ord.
148 of 3-12-2001; Ord. of 5-12-2003; Ord. No. 2010-13, 6-28-2010; Ord. No. 2011-28, 12-12-2011; Ord. No.
149 2013-10, 7-22-2013; Ord. No. 2017-03, 2-13-2017)
150
151 Section 80-510. Early retirement due to permanent disability.
152
153 Any employee who, after completing at least ten years of continuous service, shall be injured or
154 whose health shall become permanently impaired to such an extent as to render him totally and
155 permanently disabled, shall be retired upon application and approval of the general employee pension plan
156 board. The pension amount will be based upon section 80-508. There shall be no reduction in benefit.
157
158 (Code 1968, § 2-105; Ord. of 1-12-1970; Code 1981, § 2-187; Ord. No. 2010-13, 6-28-2010; Ord. No.
159 2017-03, 2-13-2017)
160
161 ADOPTED: *
162 S:\ORDINANCES\2021\DRAFT\ORDINANCE #2021- PENSION EQUITY - DECEASED AND DISABLED EMPLOYEES\PROPOSED ORDINANCE #2021-17 - CHAPTER
163 80 - PENSION.DOCX
164
165 SYNOPSIS
166 The pension ordinance currently states that the surviving spouse would receive a reduced pension, one
167 half percent for each month the participant was under age 65; 6% for each year. This reduction would
168 occur even if the employee was within days/months of being eligible for a service/age related pension.
169 With this reduction, based on labor contract language, some employees would not be eligible for
170 retirement health care. An employee retiring with a disability pension would not be subject to a reduced
171 pension and would be eligible for retirement health care. The intent is to make the surviving spouse equal
172 to the employee retiring with a disability pension.
173
174 (SPONSORS: ANDERSON AND TAYLOR)
175
176
177 Actions History:
178 09/13/2021 – Scheduled for First Reading – City Council
179 08/10/2021 - Introduced at Council Committee of the Whole
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Item #27.
CITY OF DOVER ORDINANCE #2021-18
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3
4 That Chapter 102 - Taxation, Article I – In General of the Dover Code be amended by inserting the text
5 indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
6
7 Section 102-1 - Valuation and assessment.
8
9 Section 47 of the Charter provides that an impartial valuation and assessment of all real property
10 within the city may be conducted by the city assessor or assessors. The council may also direct that in lieu
11 of the assessment and valuation by the city assessor, a reassessment and revaluation may be done by the
12 assessor or assessors or an outside mass appraisal company or a consortium of appraisers chosen by the
13 council. Such contractor and tax office staff will be under the supervision of the City Manager or
14 his/her designee.
15
16 Commencing with the year 2010 and every fifth year thereafter, unless otherwise directed, the
17 revaluation and reassessment of all real property may be conducted, under the supervision of the assessor
18 or in conjunction with the assessor and/or the city manager or his/her designee, by an outside mass
19 appraisal company or a consortium of appraisers chosen by the council. The mass appraisal company or
20 consortium of appraisers shall be licensed to conduct business in the State of Delaware and the City of
21 Dover and shall employ appraisers who are licensed by the Delaware Division of Professional
22 Regulations. All property shall be valued as to its status; as of its ownership; as of its current market value
23 as of the January 1 assessment date and shall reflect fair market value.
24
25 (Code 1981, § 19.5-1; Ord. of 1-22-2001; Ord. No. 2009-17, 11-9-2009; Ord. No. 2010-01, 2-14-2011;
26 Ord. No. 2011-31, 4-9-2012)
27
28 Section 102-2. Delinquent property tax collection costs.
29
30 (a) If an action to collect delinquent property taxes is filed in a court of appropriate jurisdiction, a fee
31 as provided for in Appendix F—Fees and Fines shall be added to the amount due.
32
33 (b) If an action proceeds and a writ of venditioni exponas monition or similar execution process is
34 filed, an additional fee as provided for in Appendix F—Fees and Fines shall be added to the amount
35 due.
36
37 (c) The fees established by this section shall be in addition to court costs and service fees assessed by
38 state or county offices.
39
40 (Code 1981, § 19.5-46; Ord. of 11-24-1997; Ord. No. 2009-09, 6-22-2009)
41
42 Section 102-3. Administrative reporting.
43
44 The city assessor shall be selected in accordance with the City Charter, and shall be directly
45 responsible to the mayor and council. The city council may appoint the city manager or his/her
46 designee as the city assessor to provide supervision and support to the tax office. If the appointed
47 assessor is not certified with the State of Delaware, the city council shall hire an approved contractor
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PROPOSED ORDINANCE #2021-18 - TAX ASSESSOR’S POSITION PAGE 2
Item #27.
48 licensed by the State of Delaware professional regulations to provide assessment services.
49
50 (Ord. of 7-24-2006(2); Ord. No. 2009-25, 11-9-2009)
51
52 Section 102-4. Omitted real property assessments.
53
54 (a) Definition: Omitted assessment. Land or improvements not valued and assessed or included on the
55 assessment rolls or billed due to, but not limited to, the following reasons: computer error, clerical
56 errors, conversion of software or records; missing building permits, failure to issue temporary and
57 final certificates, errors in the preparation of the annual and supplemental tax rolls
58 and billing by any employee or contractor working for the city.
59
60 (b) Collection of taxes. The failure to receive a bill or receive an accurate bill does not relieve the
61 taxpayer of the obligation to pay taxes. The city assessor, city manager or his/her designee, or
62 contractor shall cause for the collection of any and all taxes due for the respective years or any
63 supplemental tax periods that may result from omitted assessments. The omitted assessments shall
64 be applicable and consistent with and shall apply to every assessment of taxes for the previous
65 year or years and to the collection of the taxes.
66
67 (c) Periods covered, and penalties. Errors that cause an inaccurate assessment or billing can be
68 corrected and the correction shall be applied. Every such omitted assessment shall be collected
69 retroactively for a period of ten years, in addition to the current tax year, prior to the discovery by
70 the city assessor, city manager or his/her designee, or contractor of omitted assessments. The
71 city shall add a penalty of one and one-half percent per month for each respective month not
72 assessed unless it is evident that there was no prior knowledge of the omitted assessment by the
73 property owner.
74
75 (d) Notice; required. The city assessor, city manager or his/her designee, or contractor shall give
76 notice of any proposed omitted assessment of any real property for any previous tax year or years
77 or supplemental tax periods, to all persons liable to the tax. The notice shall contain a general
78 description, according to Kent County Property Identification Numbering system (PIN), of the real
79 estate and state the year or years for which the real estate is liable to assessment, the name or names
80 of the person or persons liable to assessments or reassessments, according to the legal owners of
81 record on file with the Kent County Recorder of Deeds, and further the value of the assessment.
82 Notice of "omitted assessments" shall be by certified mail, return receipt requested and regular
83 United States postal mail service within 30 days of discovery of any omitted assessment.
84
85 (e) Appeal. Appeals for omitted assessment shall be the same as general and supplemental assessments
86 appeals.
87
88 (Ord. of 9-10-2007)
89
90 Section 102-5. Income and expense reports.
91
92 The assessor, city manager or his/her designee, or contractor shall request that an annual report
93 of income and expenses be completed and filed for all commercial/industrial income-producing property
94 within the city limits of Dover. The income and expense report forms shall be developed and provided by
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PROPOSED ORDINANCE #2021-18 - TAX ASSESSOR’S POSITION PAGE 3
Item #27.
95 the assessor. This information will become mandatory if the owner of the commercial/industrial income-
96 producing property petitions for appeal.
97
98 (Ord. No. 2009-05, 7-27-2009; Ord. No. 2009-27, 12-14-2009; Ord. No. 2011-19, 8-8-2011)
99
100 Secs. 102-6—102-30. Reserved.
101
102 BE IT FURTHER ORDAINED:
103
104 That Chapter 102 – Taxation, Article II – Land Used for Agricultural, Horticultural, and Forest Purposes
105 of the Dover Code be amended by inserting the text indicated in bold, blue font and deleting the text
106 indicated in red strikeout as follows:
107
108 Section 102-31. Valuation.
109
110 For general property tax purposes, the value of land not less than five acres in area, which is
111 actively devoted to agricultural, horticultural or forest use and which has been so devoted for at least the
112 two successive years immediately preceding the tax year in issue, shall, on application of the owner, and
113 approval thereof as provided in this article, be that value which such lands have for agricultural,
114 horticultural or forest use; provided, however, that land qualifying hereunder shall not be subject to
115 taxation.
116 (Code 1968, § 34-1; Ord. of 3-26-1979; Code 1981, § 19.5-11; Ord. of 3-14-1988)
117
118 Section 102-32. Agricultural use land.
119
120 Land shall be deemed to be in agricultural use when devoted to the production, for sale, of plants
121 and animals useful to man, including, but not limited to, forages and sod crops; grains and feed crops;
122 dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep,
123 swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals;
124 bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the
125 requirements and qualifications for payments or other compensation pursuant to a soil conservation
126 program under an agreement with an agency of the federal government.
127
128 (Code 1968, § 34.2; Ord. of 3-26-1979; Code 1981, § 19.5-12)
129
130 Section 102-33. Horticultural use land.
131
132 Land shall be deemed to be in horticultural use when devoted to the production, for sale, of fruits
133 of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse
134 products; or when devoted to and meeting the requirements and qualifications for payments or other
135 compensation pursuant to a soil conservation program under an agreement with an agency of the federal
136 government.
137
138 (Code 1968, § 34-5; Ord. of 3-26-1979; Code 1981, § 19.5-13)
139
140 Section 102-34. Forest use land.
141
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Item #27.
142 Land shall be deemed to be in forest use when devoted to tree growth in such quantity and so
143 spaced and maintained as to constitute a forest area.
144
145 (Code 1968, § 34-4; Ord. of 3-26-1979; Code 1981, § 19.5-14)
146
147 Section 102-35. Criteria for land use.
148
149 Land shall be deemed to be actively devoted to agricultural or horticultural use when the gross
150 sales of agricultural or horticultural products produced thereon, together with any payments received
151 under a soil conservation program, have averaged at least $500.00 per year during the two-year period
152 immediately preceding the tax year in issue, or there is clear evidence of anticipated yearly gross sales
153 and such payments amounting to at least $500.00 within a reasonable period of time.
154
155 (Code 1968, § 34-5; Ord. of 3-26-1979; Code 1981, § 19.5-15)
156
157 Section 102-36. Eligibility for valuation, assessment and taxation.
158
159 Land which is actively devoted to agricultural, horticultural or forest use shall be eligible for
160 valuation, assessment and taxation as provided in this article when it meets the following qualifications:
161
162 (1) Time. It has been so devoted for at least the two successive years immediately preceding
163 the tax year for which valuation under this section is requested;
164
165 (2) Area. The area of such land is not less than five acres; and
166
167 (3) Time of application. Application by the owner of such land for valuation under this section
168 is submitted on or before February 1 of the year immediately preceding the tax year to the
169 city assessor or contractor on a form prescribed by the city assessor, city manager or
170 his/her designee, or contractor.
171
172 (Code 1968, § 34-6; Ord. of 3-26-1979; Code 1981, § 19.5-16)
173
174 Section 102-37. Assessment procedures.
175
176 (a) Valuing land. The city assessor or contractor under the supervision of the city manager or
177 his/her designee, in valuing land which qualifies as land actively devoted to agricultural,
178 horticultural or forest use under the tests prescribed by this article, and as to which the owner
179 thereof has made timely application for valuation, assessment and taxation under this article for
180 the tax year in issue, shall consider only those indicia of value which such land has for agricultural,
181 horticultural or forest use. In addition to use of his personal knowledge, judgment and experience
182 as to the value of land in agricultural, horticultural or forest use, he shall, in arriving at the value
183 of such land, consider available evidence of agricultural, horticultural or forest capability.
184
185 (b) Area. In determining the total area of land actively devoted to agricultural, horticultural or forest
186 use, there shall be included the area of all land under barns, sheds, silos, cribs, greenhouses and
187 like structures, lakes, dams, ponds, streams, irrigation ditches and like facilities, but land under
188 and such additional land as may be actually used in connection with the farmhouse, shall be
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PROPOSED ORDINANCE #2021-18 - TAX ASSESSOR’S POSITION PAGE 5
Item #27.
189 excluded in determining such total area.
190
191 (c) Structures. All structures which are located on land in agricultural, horticultural or forest use, and
192 the farmhouse and the land on which the farmhouse is located, together with the additional land
193 used in connection therewith, shall be valued, assessed and taxed by the same standards, methods
194 and procedures as other taxable structures and other land in the taxing district.
195
196 (d) Rollback taxes.
197
198 (1) When land in agricultural use and being valued, assessed and taxed under the provisions
199 of this article is applied to a use other than agriculture, it shall be subject to additional taxes,
200 hereinafter referred to as "rollback taxes," in an amount equal to the difference, if any,
201 between the taxes paid or payable on the basis of the valuation and the assessment
202 authorized hereunder and the taxes that would have been paid or payable had the land been
203 valued, assessed and taxed as other land in the city, in the current tax year immediately
204 preceding, in which the land was valued, assessed and taxed hereunder.
205
206 (2) If, in the tax year in which a change in use of land occurs, the land was not valued, assessed,
207 and taxed under this article, then such land shall be subject to rollback taxes in the
208 following manner:
209
210 a. If the change of the use of land occurs prior to January 1, 1996, then such land shall
211 be subject to rollback taxes for the five tax years immediately preceding in which
212 the land was valued, assessed, and taxed hereunder.
213
214 b. If the change in use of land occurs between January 1, 1996, and December 31,
215 1996, then such land shall be subject to rollback taxes for the six tax years
216 immediately preceding in which the land was valued, assessed and taxed hereunder.
217
218 c. If the change in use of land occurs between January 1, 1997, and December 31,
219 1997, then such land shall be subject to rollback taxes for the seven tax years
220 immediately preceding in which the land was valued, assessed, and taxed
221 hereunder.
222
223 d. If the change in use of land occurs between January 1, 1998, and December 31,
224 1998, then such land will be subject to rollback taxes for the eight years
225 immediately preceding in which the land was valued, assessed, and taxed
226 hereunder.
227
228 e. If the change in use of land occurs between January 1, 1999, and December 31,
229 1999, then such land shall be subject to rollback taxes for the nine tax years
230 immediately preceding in which the land was valued, assessed, and taxed
231 hereunder.
232
233 f. If the change in use of land occurs on January 1, 2000, or thereafter, then such land
234 shall be subject to rollback taxes for the ten tax years immediately preceding in
235 which the land was valued, assessed, and taxed hereunder.
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PROPOSED ORDINANCE #2021-18 - TAX ASSESSOR’S POSITION PAGE 6
Item #27.
236
237 (3) In determining the amounts of the rollback taxes chargeable on land which has undergone
238 a change in use, the city assessor or contractor under the supervision of the city
239 manager or his/her designee shall, for each of the rollback tax years involved, ascertain:
240
241 a. The full and fair value of such land under the valuation standard applicable to other
242 land in the city;
243
244 b. The amount of the additional assessment on the land for the particular tax year by
245 deducting the amount of the actual assessment on the land for that year from the
246 amount of the land assessment determined by the city assessor or contractor under
247 the supervision of the city manager or his/her designee; and
248
249 c. The amount of the rollback tax for that tax year by multiplying the amount of the
250 additional assessment determined under subsection (d)(3)b. of this section by the
251 general property tax rate of the city applicable for that tax year.
252
253 (e) Land condemned, etc. Land condemned or otherwise acquired for a public purpose by the state or
254 any other public authority having condemnation powers shall not be considered a change in use
255 and shall not be subject to rollback taxes as provided in subsection (d) of this section.
256
257 (Code 1968, § 34-7; Ord. of 3-26-1979; Code 1981, § 19.5-17; Ord. of 3-14-1988; Ord. of 4-22-1996)
258
259 Section 102-38. Annual review.
260
261 (a) Application. Eligibility of land for valuation, assessment and taxation under this article shall be
262 determined for each tax year separately. An application shall be submitted by the owner to the city
263 assessor, city manager or his/her designee, or contractor on or before February 1 of the year
264 immediately preceding the tax year for which such valuation, assessment and taxation are sought;
265 provided, however, that unless the land usage changes, those applications which have met the
266 provisions to qualify under this article shall be automatically renewed without the owner having
267 to apply annually.
268
269 (b) Change in land use. If the land usage changes, the farm owner shall, on or before February 1 of
270 the year in which the land usage changes, notify the city assessor, city manager or his/her
271 designee, or contractor of the change in land use.
272
273 (Code 1968, § 34-8; Ord. of 3-26-1979; Code 1981, § 19.5-18)
274
275 Section 102-39—102-70. Reserved.
276
277 BE IT FURTHER ORDAINED:
278
279 That Chapter 102 – Taxation, Article III – Realty Transfer Tax of the Dover Code, be amended by inserting
280 the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
281
282 Section 102-71. Definitions.
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Item #27.
283
284 (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed
285 to them in this section, except where the context clearly indicates a different meaning:
286
287 (1) Document means any deed, instrument or writing whereby any real estate within the
288 corporate limits of the city, or any interest therein, shall be quitclaimed, granted, bargained,
289 sold or otherwise conveyed to the grantee, but shall not include the following:
290
291 a. Any will;
292
293 b. Any lease other than those described or defined in subsection (a)(2) of this section;
294
295 c. Any mortgage;
296
297 d. Any conveyance between corporations operating housing projects pursuant to 31
298 Del. C. § 4501 et seq., and the shareholders thereof;
299
300 e. Any conveyance between nonprofit industrial development agencies and industrial
301 corporations purchasing from them;
302
303 f. Any conveyance to nonprofit industrial development agencies;
304
305 g. Any conveyance between a husband and wife;
306
307 h. Any conveyance between persons who were previously husband and wife, but who
308 have since been divorced, provided that such conveyance is made after the granting
309 of the final decree in divorce and the real estate or interest therein subject to such
310 conveyance was acquired by the husband and wife, or husband or wife prior to the
311 granting of the final decree in divorce;
312
313 i. Any conveyance between parent and child or the spouse of such a child;
314
315 j. Any conveyance:
316
317 1. To a trustee, nominee or straw party for the grantor as beneficial owner;
318
319 2. For the beneficial ownership of a person, other than the grantor, where, if
320 such person were the grantee, no tax would be imposed upon the
321 conveyance pursuant to this chapter; or
322
323 3. From a trustee, nominee or straw party to the beneficial owner;
324
325 k. Any conveyance between a parent corporation and a wholly owned subsidiary
326 corporation, provided that such conveyance is without actual consideration;
327
328 l. Correctional deeds without actual consideration;
329
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PROPOSED ORDINANCE #2021-18 - TAX ASSESSOR’S POSITION PAGE 8
Item #27.
330 m. Any conveyance to or from the United States, this state or to any of their
331 instrumentalities, agencies or political subdivisions and the University of Delaware;
332
333 n. Any conveyance to or from a corporation, or a partnership, where the grantor or
334 grantee owns stock of the corporation or an interest in the partnership in the same
335 proportion as his interest in, or ownership of, the real estate being conveyed;
336 provided, however, that this subsection shall not apply to any distribution in
337 liquidation or other conveyance resulting from the partial or complete liquidation
338 of a corporation, unless the stock of the corporation being liquidated has been held
339 by the grantor or grantee for more than three years; provided, further, this
340 subsection shall not apply to any conveyance from a partnership to its partners,
341 unless the partners' interest in the partnership has been held for more than three
342 years;
343
344 o. Any conveyance by the owner or previously occupied residential premises to a
345 builder of new residential premises when such previously occupied residential
346 premises are taken in trade by such builder as a part of the consideration from the
347 purchaser of new, previously unoccupied premises;
348
349 p. Any conveyance to the lender holding a bona fide mortgage, which is genuinely in
350 default, either by a sheriff conducting a foreclosure sale, or by the mortgagor in lieu
351 of foreclosure;
352
353 q. Any conveyance to a religious organization or other body or person holding title to
354 real estate for a religious organization, if such real estate will not be used following
355 such transfer by the grantee, or by any privy of the grantee, for any commercial
356 purpose; provided, however, that only that portion of the tax which is attributable
357 and payable by the religious organization or other body or person holding title to
358 real estate for a religious organization under 30 Del. C. § 5402 shall be exempt;
359
360 r. Any conveyance to or from a volunteer fire company organized under the laws of
361 this state; provided, however, that only that portion of the tax which is attributable
362 to and payable by the volunteer fire company by this article shall be exempt;
363
364 s. Any conveyance of a "mobile home" or "manufactured home," as defined in 25
365 Del. C. § 7003;
366
367 t. Any conveyance without consideration to an organization exempt from tax under
368 section 501(c)(3) of the federal Internal Revenue Code (26 USC 501(c)(3));
369
370 u. Any conveyance to a nonprofit conservation organization, when the property is
371 purchased for open space preservation purposes;
372
373 v. Any conveyance to or from a nonprofit corporation or organization of real estate
374 acquired for the purpose of rehabilitation and resale without profit.
375
376 (2) Document includes the following:
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PROPOSED ORDINANCE #2021-18 - TAX ASSESSOR’S POSITION PAGE 9
Item #27.
377
378 a. Any writing purporting to transfer a title interest or possessory interest for a term
379 of more than five years in a condominium unit or any unit properties subject to the
380 Unit Property Act pursuant to 25 Del. C. § 2201 et seq.
381
382 b. Any writing purporting to transfer a title interest or possessory interest of any lessee
383 or other person in possession of real estate owned by the state or other political
384 subdivision thereof.
385
386 c. Any writing purporting to assign or transfer a leasehold interest or possessory
387 interest in residential property under a lease for a term of more than five years. For
388 this purpose, the term "residential property" means any structure or part of a
389 structure which is intended for residential use, and excluding any commercial unit
390 subject to tax under 30 Del. C. § 2301(a)(88) relating to commercial lessors.
391
392 (3) First-time homebuyer means a natural person who has at no time held an interest in
393 residential real estate, wherever located, and which has been occupied as their principal
394 residence, and who intends to occupy the property being conveyed as his principal
395 residence, within 90 days following recordation of the deed. The first-time homebuyer
396 must file an affidavit certifying to his qualifications before the exemption can be granted.
397 In order to alleviate claims for rebate of the transfer tax paid, no rebate shall be made once
398 the deed for the transaction has been recorded. First-time homebuyers submitting a false
399 affidavit in any respect, which would entitle them to the exemption, shall be subject to
400 payment of the unpaid transfer tax, plus interest at the rate of one and one-half percent per
401 month and, upon direction by the council, referral to the attorney general of the state for
402 criminal prosecution. This subsection shall apply to all real estate settlements held on or
403 after January 2, 2000. First-time homebuyers are exempt from the transfer tax as provided
404 herein. The first-time homebuyer exemption shall apply to the seller of property that
405 qualifies for the first-time buyer exemption but only for property located within the
406 downtown redevelopment high priority target area defined in Appendix C. Council shall
407 have the right to deny this exemption to any property owner where the sale and purchase
408 appears to be done fraudulently to take advantage of the realty transfer tax exemption
409 ordinance.
410
411 (4) Transaction means the making, executing, delivering, accepting or presenting for
412 recording of a document.
413
414 (5) Value means, in the case of any document granting, bargaining, selling or otherwise
415 conveying any real estate or interest or leasehold interest therein, the amount of the actual
416 consideration therefor, including liens or other encumbrances thereon, and ground rents
417 which encumber the interest in real estate and any other interest in real estate conveyed,
418 provided, that, in the case of a transfer for an amount less than the highest appraised full
419 value of said property for local real property tax purposes, the term "value" shall mean the
420 highest such appraised value, unless the parties or one of them can demonstrate that fair
421 market value is less than the highest appraised value, in which case, the term "value" shall
422 mean fair market value, or actual consideration, whichever is greater. A demonstration that
423 the transaction was at arm's length between unrelated parties shall be sufficient to
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424 demonstrate that the transaction was at fair market value.
425
426 (b) In determining the term of a lease, it shall be presumed for the purpose of computing the lease
427 term, that any rights or options to renew or extend will be exercised.
428
429 (c) For the purpose of subsection (a)(5) of this section, in the case of a document described in
430 subsection (a)(2) of this section under which the consideration is based, in whole or in part, on a
431 percentage of the income or receipts to be received in the future, actual consideration shall include
432 the amounts actually received under such percentage of income or receipts provision; provided,
433 however, and notwithstanding any other provisions of this article, that the tax imposed by this
434 article shall be due and payable to the controller/treasurer within 30 days after the date such
435 amounts become due and payable under the agreement.
436
437 (d) Transfers through conveyance of interest.
438
439 (1) Except as provided in subsections (d)(2) and (3) of this section, where beneficial ownership
440 in real estate is transferred through a conveyance or series of conveyances of intangible
441 interests in a corporation, partnership or trust, such conveyance shall be taxable under this
442 article as if such property were conveyed through a duly recorded "document" as defined
443 in subsection (a)(1) of this section, and subject to the exemptions contained therein, except
444 those exemptions contained in subsections (a)(1)j. and (a)(1)n. of this section.
445
446 (2) No bona fide pledge of stock or partnership interests as loan collateral, nor any transfer of
447 publicly traded stock or publicly traded partnership interest shall be deemed subject to
448 taxation under this subsection (d).
449
450 (3) Where the beneficial owners of real property, prior to the conveyance or series of
451 conveyances referred to in this subsection (d), own 80 percent or more of the beneficial
452 interest in the real estate following said conveyance or series of conveyances, such transfers
453 shall not be subject to tax under this subsection (d). Where the beneficial owners of real
454 property, prior to the conveyance or series of conveyances referred to in this subsection
455 (d), own less than 80 percent of the beneficial interest in the real estate following said
456 conveyance or series of conveyances, such transfers shall not be subject to tax under this
457 subsection (d), unless under regulations promulgated by the city assessor, city manager
458 or his/her designee, or contractor, such transfer or transfers are properly characterized as
459 a sale of real property. Such characterization shall take into account the timing of the
460 transaction, beneficial ownership prior to and subsequent to the conveyance or
461 conveyances, the business purpose of the corporation, partnership or trust, and such other
462 factors as may be relevant.
463
464 (Code 1981, § 19.5-19; Ord. of 6-27-1988; Ord. of 4-22-1996; Ord. of 8-10-1998; Ord. of 12-13-1999;
465 Ord. of 8-8-2005(1); Ord. No. 2009-23, 10-26-2009; Ord. No. 2011-17, 8-8-2011; Ord. No. 2015-03, 2-
466 23-2015; Ord. No. 2016-16, 8-8-2016)
467
468 Section 102-72. Applicability to certain construction.
469
470 (a) "Document" defined. Notwithstanding section 102-71, there shall be included in the definition of
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471 the term "document," for purposes of this article, any contract, or other agreement or undertaking
472 for the construction of all or a part of any building all or a portion of which contract, agreement or
473 undertaking (or any amendment to the foregoing) is entered into, or labor and materials are
474 supplied, either prior to the date of the transfer of the land on which the building is to be constructed
475 or within one year of the date of the transfer to the grantee.
476
477 (b) Building permit. No building permit shall be issued unless and until the person or persons
478 (including corporations and/or other associations) requesting such permit shall demonstrate, in
479 whatever form may be specified by the city assessor, city manager or his/her designee, or
480 contractor including, at his discretion, a form of affidavit, that:
481
482 (1) No transfer as described in this section has occurred within the preceding year;
483
484 (2) No portion of the contract for construction for which the permit is being requested was
485 entered into and no materials or labor with respect to the building have been provided
486 within one year of the date on which the property was transferred; or
487
488 (3) There has been paid a realty transfer tax on the document as defined in this section.
489
490 (c) Certificate of occupancy. In addition, no certificate of occupancy shall be issued relative to any
491 building on which a tax is provided by this section, unless and until the owner recertifies the actual
492 cost of the building and pays any additional tax due as a result of such recertification.
493
494 (d) "Building" defined. The term "building," for purposes of this section, shall mean any structure
495 having a roof supported by columns or walls, which structure is intended for supporting or
496 sheltering any use or occupancy, but shall not include any alteration of or addition to an existing
497 building where the cost of such alteration or addition is less than 50 percent of the value of the
498 property transferred.
499
500 (e) "Transfer" defined. The term "transfer," for purposes of this section, shall include any transfer
501 made by a "document" as defined in section 102-71, and shall not include any transaction excluded
502 from the definition of the term "document."
503
504 (f) Inventory for resale. This section shall not apply to the application for a building permit by a
505 builder or developer who acquires the land and obtains the permit for the purpose of including the
506 land with improvements in the builder's or developer's inventory for resale.
507
508 (g) Rate of certain tax. Notwithstanding section 102-73, the rate of tax on documents described in
509 subsection (a) of this section shall be one percent on amounts exceeding $10,000.00, which shall
510 be borne by the owner of the building whose construction is made subject to tax under subsection
511 (a) of this section.
512
513 (Code 1981, § 19.5-19.1; Ord. of 4-22-1991)
514
515 Section 102-73. Levied; exemptions.
516
517 (a) Rate. Every person who makes, executes, issues or delivers any document, or in whose behalf any
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518 document is made, executed, issued or delivered, shall pay therefor and in respect thereof, or for
519 and in respect of the vellum, parchment or paper upon which such document is written or printed,
520 a tax at the rate of 1½ percent of the value of the property represented by such document, which
521 tax shall be payable at the time of the making, execution, issuance or delivery of such document,
522 and said tax is to be apportioned equally between the grantor and grantee, unless otherwise
523 provided for by agreement of the parties.
524
525 (b) Nominee for grantee. Where a person acquires title to any lands, tenements or hereditaments as a
526 nominee or as a straw party for the real grantee or purchaser, the transfer of such title by such
527 nominee or straw party to the real grantee or purchaser shall be exempt from this tax.
528
529 (c) Nominee for grantor. Where a person acquires title to any lands, tenements or hereditaments for
530 the purpose of holding the same as a nominee or as a straw party for the grantor, such transfer of
531 title to the nominee or straw party shall be exempt from this tax.
532
533 (d) Expenditure of funds. The rate of tax imposed by this article, and other provisions or language to
534 the contrary notwithstanding, shall be 1½ percent of the property value represented by such
535 documents as referred to herein and funds realized pursuant to this article shall be segregated from
536 the general fund and be expended solely for capital and operating costs of public safety services
537 and for other programs and services, all in accordance with the provisions of 22 Del. C. § 1601(c).
538
539 (Code 1981, § 19.5-20; Ord. of 6-27-1988; Ord. of 8-10-1998)
540
541 Section 102-74. Payment generally; documentary stamps generally.
542
543 (a) Evidence of payment. The payment of the tax imposed by this article shall be evidenced by the
544 affixing of one or more documentary stamps to every document by the person making, executing,
545 issuing or delivering such document, regardless of the situs of the actual making, executing, issuing
546 or delivering of such document.
547
548 (b) Affixing stamps. Such stamps shall be affixed in such a manner that their removal will require the
549 continued application of steam or water, and the person using or affixing such stamps shall cause
550 such stamps to be canceled in such a manner that they may not be used again either:
551
552 (1) By writing or stamping, or by causing to be written or stamped thereon, the initials of his
553 name and the date upon which such stamps are affixed or used; or
554
555 (2) By complying with such other method of cancellation as the city assessor, city manager
556 or his/her designee, or contractor may prescribe.
557
558 (c) Source of tax. The tax imposed by this article shall be fully paid and have priority out of the
559 proceeds of any judicial sale of real estate before any other obligation, claim, lien, judgment, estate
560 or costs of the sale, and of the writ upon which the sale is made, and the sheriff or other officer
561 conducting such sale shall pay the tax herein imposed out of the first moneys paid to him in
562 connection therewith, unless previously paid by any party; provided, however, that any tax
563 imposed by the state shall have priority over the tax imposed under this article.
564
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565 (d) Determination of tax. The value for determining the tax shall be the highest of the following:
566
567 (1) The bid price;
568
569 (2) The amount of the mortgage not in excess of the fair value of the real estate;
570
571 (3) The estimated full value;
572
573 (4) The full and complete value pursuant to section 102-71.
574
575 (Code 1981, § 19.5-21; Ord. of 6-27-1988)
576
577 Section 102-75. Liability for payment as between parties.
578
579 As between the parties to any transaction which is subject to the real estate transfer tax imposed
580 by this article, in the absence of an agreement to the contrary, the burden for paying such tax shall be on
581 the grantor.
582
583 (Code 1981, § 19.5-22; Ord. of 6-27-1988)
584
585 Section 102-76. Recordation of documents.
586
587 (a) No document shall be recorded in the office of the recorder of deeds in and for the county unless
588 one or more documentary stamps shall have been affixed thereto as provided in this article.
589
590 (b) The affixation of stamps to a document upon which a tax is imposed by this article, when lodged
591 with or presented to the recorder of deeds, shall be an affirmation on the part of the transferor that
592 the true, full, and complete value of the transaction is fully reflected in the amount of the stamps
593 affixed thereto.
594
595 (c) Every document, when lodged with or presented to the recorder of deeds and city assessor, city
596 manager or his/her designee, or contractor, shall set forth therein, and as a part of such
597 document, the true, full, and complete value thereof, or shall be accompanied by an affidavit,
598 executed by a responsible person connected with the transaction, showing such connection and
599 setting forth the true, full, and complete value thereof or the reason, if any, why such document is
600 not subject to tax under this article.
601
602 (Code 1981, § 19.5-23; Ord. of 6-27-1988)
603
604 Section 102-77. Duties of city assessor.
605
606 In addition to the other duties of the city assessor:
607
608 (1) Stamps. The city assessor, city manager or his/her designee, or contractor shall prepare
609 and furnish adhesive stamps of such denominations and in such quantities as may be
610 necessary for the payment of the tax imposed by this article and shall make provisions for
611 the sale of such stamps in such places as may be deemed necessary and indicate on the
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612 document the amount of transfer tax that has been paid.
613
614 (2) Other evidence of payment. The city assessor, city manager or his/her designee, or
615 contractor may, by regulations, provide for the evidence of the payment of the tax to be
616 shown on the document by means other than the affixing of documentary stamps.
617
618 (3) Regulations. The city assessor, city manager or his/her designee, or contractor is
619 charged with the enforcement of this article and is authorized and empowered to prescribe,
620 adopt, promulgate, and enforce regulations relating to:
621
622 a. The method to be used in affixing or cancelling of stamps in substitution for or in
623 addition to the method and means provided in this article.
624
625 b. The denomination and sale of stamps.
626
627 d. Any other matter or thing pertaining to the administration and enforcement of this
628 article.
629
630 (4) Audit. The city assessor, city manager or his/her designee, or contractor is charged with
631 review of the payment and the "value" stated for the purpose of the tax.
632
633 a. The review and audit process should be conducted within ten days of the
634 "stamping" of the deed.
635
636 b. Notification to attorney/title company shall be made within five business days of
637 the findings from the review and audit process.
638
639 (Code 1981, § 19.5-24; Ord. of 6-27-1988; Ord. No. 2009-05, 7-27-2009)
640
641 Section 102-78. Prohibited acts enumerated.
642
643 No person shall:
644
645 (1) Pay tax. Make, execute, issue, deliver or accept, or cause to be made, executed, issued,
646 delivered or accepted, any document without the full amount of tax due thereon under the
647 provisions of this article being duly paid;
648
649 (2) Cancel stamp. Make use of any documentary stamp to denote payment of any tax imposed
650 by this article without cancelling such stamp as provided in section 102-74(b);
651
652 (3) Comply with regulations. Fail, neglect or refuse to comply with, or otherwise violate, the
653 regulations prescribed, adopted, and promulgated by the department [sic] under the
654 provisions of this article;
655
656 (4) Cut stamp. Fraudulently cut, tear or remove any documentary stamp from a document;
657
658 (5) Fraud. Fraudulently affix to any document upon which a tax is imposed by this article any
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659 documentary stamp which has been cut, torn or removed from any other document upon
660 which a tax is imposed by this article or any documentary stamp of insufficient value, or
661 any forged or counterfeited stamp, or any impression of any forged or counterfeited stamp,
662 die, plate or other article;
663
664 (6) Alter cancellation. Willfully remove or alter the cancellation marks of any documentary
665 stamp, or restore any such documentary stamp with the intent to use or to cause the same
666 to be used after it has already been used, or knowingly buy, sell, offer for sale or give away
667 any such altered or restored stamp to any person for use, or knowingly use the same;
668
669 (7) Possess altered stamp. Knowingly have in his possession any altered or restored
670 documentary stamp which has been removed from any document upon which a tax is
671 imposed by this article and the possession of such stamp shall be prima facie evidence of
672 an intent to violate this subsection;
673
674 (8) Forged stamp. Knowingly or willfully prepare, keep, sell, offer for sale or have in his
675 possession any forged or counterfeited documentary stamp; or
676
677 (9) Accept unstamped document. Accept for recording in the office of any recorder of deeds
678 any document upon which the realty transfer tax is imposed by this article without the
679 proper documentary stamp or other evidence of payment of the tax affixed thereto as
680 required by this article as is indicated in such document or accompanying affidavit.
681
682 (Code 1981, § 19.5-25; Ord. of 6-27-1988)
683
684 Section 102-79. Violations; penalties.
685
686 Any person guilty of conduct prohibited in section 102-78 shall, upon conviction, be punished by
687 imposition of a fine as provided for in Appendix F—Fees and Fines. Fines not paid within 14 days of the
688 day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount.
689
690 (Code 1981, § 19.5-26; Ord. of 6-27-1988; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009)
691
692 Section 102-80—102-110. Reserved.
693
694 BE IT FURTHER ORDAINED:
695
696 That Chapter 102 – Taxation, Article IV – Abatement of Real Estate Taxes of the Dover Code, be amended
697 by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
698
699 Section 102-111. Purpose.
700
701 In the opinion of city council, the abatement of city real estate taxes for certain qualifying
702 industries and businesses defined herein best promotes the public welfare by providing incentives for them
703 to expand or locate in the city, thereby creating new employment opportunities for the citizens of the city
704 and ultimately strengthening the city's tax base.
705
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706 In the opinion of council of the City of Dover, the abatement of city real estate taxes for certain
707 qualifying homeowners in certain designated areas of the city thus promotes the public welfare by
708 providing incentives for these homeowners to purchase residences and locate in these areas in the city.
709
710 (Code 1981, § 19.5-31; Ord. of 12-11-2000; Ord. of 8-8-2005(2); Ord. No. 2014-01, 2-10-2014 )
711
712 Section 102-112. Authority.
713
714 Article VIII, section 1 of the constitution of the state provides that real property located within the
715 boundaries of any incorporated municipality may be exempted from municipal property tax by the
716 municipality when, in the opinion of the municipality, it will best promote the public welfare.
717
718 (Code 1981, § 19.5-32; Ord. of 12-11-2000)
719
720 Section 102-113. Qualifications.
721
722 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the
723 meanings ascribed to them in this subsection, except where the context clearly indicates a different
724 meaning:
725
726 Control with respect to a corporation means ownership, directly or indirectly, of stock possessing
727 50 percent or more of the total combined voting power of all classes of the stock of such corporation
728 entitled to vote and 50 percent or more of the shares of such corporation entitled to vote and 50 percent or
729 more of the total number of shares of all other classes of such corporation's stock.
730
731 Control with respect to a trust means ownership, directly or indirectly, of 50 percent or more of
732 the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of
733 a capital of profits interest in a partnership or association, or of a beneficial interest in a trust shall be
734 determined in accordance with the rules for constructive ownership of stock provided in section 267(c) of
735 the Internal Revenue Code (26 USC 267(c)).
736
737 Expanded facility means any qualified property that is modified with an improvement or addition
738 (other than a replacement resulting from the acquisition, construction, reconstruct