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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on March 27, 2023, at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty,
Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, and Mr. Hare.
Staff members present were Police Chief Johnson, Ms. Peddicord, Ms. Duca, Mrs. Gray,
Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was absent.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council
Meeting. Council President Sudler declared the Open Forum in session and reminded those
present that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
INVOCATION
The invocation was given by Councilman Anderson
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Rocha
ADOPTION OF AGENDA
Mr. Neil moved for the adoption of the agenda, seconded by Mr. Boggerty, and
unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council so requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Neil moved for the adoption of the consent agenda, seconded by Mr. Rocha, and
carried by a unanimous roll call vote.
PROCLAMATION- MONTH OF THE MILITARY CHILD (APRIL)
The City Clerk read the following Proclamation into the record:
WHEREAS, the United States Department of Defense celebrates military children during the
month of April. According to their data, there are 1.6 million military children who face many
challenges and unique experiences as a result of their parents’ service; and
WHEREAS, while military members are serving around the world, we often forget the
challenges faced by their children. Military families move on an average every two to three
years, impacting military children through changing schools and their support networks. Leaving
friends, schools, and communities behind; and
WHEREAS, they say goodbye to deploying family members, not knowing when they will see
them again. Some of these young people endure deployments, and separations, and even spend
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 2
months or years away from their beloved parents. Birthdays, holidays, graduations, and other
important milestones are celebrated with just a phone call or virtual hug; and
WHEREAS, this month we share our gratitude for these children. We recognize the hardships
they face and commit to supporting their families' physical, social, and emotional health and
safety.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim April 2023 as
The Month of the Military Child
in the City of Dover and urge all citizens to recognize our military children for their
accomplishments and resilience and to focus on supporting them through the struggles they
encounter being a part of the military.
On behalf of the Mayor and Council, Councilman Anderson, Councilman Boggerty, Councilman
Rocha, Councilman Hare, Councilman Neil, and Councilwoman Pillsbury presented the
proclamation to Colonel Matthew S. Huseman from the Dover Air Force Base.
CERTIFICATE OF APPRECIATION - ST. PATRICK’S DAY PARADE – AGAPE
PIERCINGS
CERTIFICATE OF APPRECIATION
Presented to
Codi Canasa and Tabby Proud
of
AGAPE Body Piercings
for holding a successful St. Patrick’s Day Parade and for your enduring commitment as an active
member of the community. Your support and encouragement kept the event alive and the City of
Dover thanks volunteers like you. The citizens of our city were able to enjoy a day of fun, food,
and fellowship, as the theme of the parade was “Brighter Days!”
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate to
Ms. Codi Canasa, who accepted on behalf of AGAPE Body Piercings.
PRESENTATION- ST. PATRICK’S DAY AWARDS
Ms. Codi Canasa of Agape Piercings (St. Patrick’s Day Parade Organizer) and Kay Sass (City of
Dover Public Affairs and Emergency Management Coordinator) Presented awards for the City of
Dover St. Patrick’s Day Parade as follows:
Category Recipient
Leprechaun Award (Best Youth Group under 18 Years of Age) Royalty Team
ShamROCK Award (Best Performance) Hester Academy of Irish Dance
SAINT Patrick Award (Traditional Irish Heritage) Deacon Mullen-Holy Cross Church
Pot O’ Gold (Most Spirit) Jen-Mor Florist
Luck O’ The Irish (Best Overall Float) Jen-Mor Florist
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 3
WORKFORCE READINESS PRESENTATION – WEST END NEIGHBORHOOD
HOUSE
Ms. Mia Harvey and Ms. Kim Lake, Education, and Employment Directors for West End
Neighborhood House, presented a PowerPoint presentation on the Workforce Readiness
Programs that are offered by their organization.
ADOPTION OF MINUTES – ECONOMIC DEVELOPMENT COMMITTEE MEETING
OF JANUARY 10, 2023
The Minutes of the Regular Council Meeting of January 10, 2023, were unanimously
approved by motion of Mr. Neil, seconded by Dr. Pillsbury, and bore the written approval
of Mayor Christiansen.
ADOPTION OF MINUTES-REGULAR COUNCIL MEETING OF MARCH 13, 2023
The Minutes of the Regular Council Meeting of March 13, 2023, were unanimously
approved by motion of Mr. Neil, seconded by Mr. Hare, and bore the written approval of
Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT – MARCH 14, 2023
The Council Committee of the Whole met on March 14, 2023, at 6:00 p.m. with
Councilman Hare presiding. Members of Council present were Mr. Anderson,
Ms. Arndt, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Mr. Sudler
was absent. Mayor Christiansen was also present. Civilian members present for
their Committee meetings were Mr. Shelton (Utility), Mr. Contant (via WebEx),
Mr. Shevock (via WebEx) (Legislative, Finance, and Administration), and Mr.
Tholstrup and Mr. Lewis (Parks, Recreation, and Community Enhancement).
Mr. McCutcheon (Utility) was absent.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Evaluation of Bids – West Street East Alley Water Main Replacement (Jason
Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and
the analysis of the evaluation of bids for the West Street East Alley Water Main
Replacement.
Staff recommended awarding the contract to Teal Construction for the water main
replacement of West Street East Alley, ITB #23-0010WW, for $415,800.
Responding to Mr. Boggerty, Mr. Lyon stated that they utilized the State of
Delaware’s Disadvantaged Business Enterprise portal. Mr. Lyon stated they have a
very large database of contractors that they send these out to. The contractors must
be utility contractors and they are not required to attend the pre-bid meeting. So if
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 4
they do not come to the pre-bid meeting, it does not exclude them from submitting
their bid.
Mr. Neil moved to recommend awarding the contract to Teal Construction
for the water main replacement of West Street East Alley, ITB#23-0010WW,
for $415,800.00 as recommended by staff. The motion was seconded by Mr.
Anderson and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation
seconded by Mr. Rocha and carried by a unanimous roll call vote.
The Energy Authority 2023 Dover Integrated Resource Plan (David Hugg,
City Manager)
Mr. David Hugg, City Manager reviewed the background and analysis of the
Energy Authority 2023 Dover Integrated Resource Plan along with Arline Newton,
Client Service Manager, and Greg Labbe, Director of Corporate Analytics, The
Energy Authority.
Staff recommended accepting the 2023 Dover Integrated Resource Plan as
prepared by The Energy Authority and following the recommendations contained
therein.
Responding to Mr. Neil, Ms. Newton stated that an RFP would have to tell us
where you should focus the renewable energy.
Responding to Mr. Neil, Mr. Labbe stated that in the study it is assumed that the
city hits all of the State of Delaware mandates set by the Renewable Portfolio
Standard. Forty percent of demand will be served through renewable energy by
2035. Ten percent of the total demand has to be through solar. This can be done
one of two ways; the city can own the generation through a PPA, or Calpine
develops the solar farm, and the city buys into a portion of it.
Mr. Labbe stated that most of the utilities in the United States are adding solar but
that five years ago, it was the wind. The pandemic, Ukraine, and the embargo on
Chinese-made solar panels right now, are all things that are holding up solar
development in the United States. Hopefully with the IRA, and the Inflation
Reduction Act, some of the development moves domestically.
Mr. Labbe stated the next technology will likely be long-duration storage. Right
now, they use a four-hour lithium battery, and you can stagger them to make a
twelve-hour battery. Mr. Labbe stated that they are currently working on some
IRPs out on the west coast that will start looking at small modular reactors.
Modularized nuclear reactors are similar to what are in submarines. It is just not
cost-effective without some kind of subsidy, but that is where solar was five years
ago.
Responding to Mr. Neil, Ms. Newton stated that the project Mr. Neil is speaking of
is also running into the same supply chain issues as mentioned earlier.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 5
Responding to Mr. Neil, Mr. Labbe stated that the developers signed a deal three
years ago, with the thought that they are going to be able to buy solar panels three
years from when they signed the deal, at what the costs were then. Now costs are
150 percent of what they thought, and they are locked into this rate. They are
willing to walk away from the PPA and pay liquidated damage costs because it is
cheaper than doing the twenty-year deal. Therefore, they are talking short-term
deals, getting through the short-term capacity needs, and hoping that by 2025 or
2026 everything is back to normal.
Responding to Mr. Anderson, Mr. Labbe stated that everyone points to California
however, California is only nine percent solar out of their total generation. They
are over sixty percent gas, so the PJM market is not much different. The City of
Dover does not have to supply all, they just have to supply its piece as a part of the
market. The market is transitioning from coal to natural gas which emits about half
as much CO2 as a coal plant. The Vansant plant is the local reliability generator.
PJM has provided enough transmission to get generation into the peninsula, so the
city does not have to have something local for reliability anymore. It is the
responsibility of the transmission organization to take care of that.
Responding to Mr. Anderson, Mr. Labbe stated that you do have to overbuild
when it comes to solar. The capacity factors are the metric used to measure how
much generation it makes versus how much it could make. During the peak hours
of the day, solar produces close to seventy percent and zero percent at night. What
will hopefully supplement it is if you move toward the offshore wind. The wind
profile at night is significantly stronger than it is during the day. The idea is that if
you add offshore wind at some point, that will be the off-peak generation type. If
you need fifty megawatts, then you need to build seventy to eighty megawatts of
solar to meet the requirement. Gas does not help with meeting the RPS standard
and the city would have to go out and buy credits from someone else. Mr. Labbe
stated that they ran a scenario where instead of adding storage and solar, they
added the exact amount of nameplate capacity needed to have a gas plan. Over the
twenty-year study, it was roughly $25 million more to operate the gas plan rather
than to add solar and storage.
Responding to Mr. Anderson, Ms. Newton stated that the short answer is that they
are overwhelmed with solar capacity projects. There is a low cost of entry to
submit projects so vendors are taking a risk and submitting the projects in hopes of
finding someone to sell them to. There is a map of interconnection requests that
have been received and right now they are three to four years behind.
Mr. Labbe added that COVID has also had a huge impact on the markets. It is not
just PJM, the queue has everything that has been proposed to be built. If you are a
solar developer or a gas developer, you must submit the project to the market. The
market has to do transmission studies to see what impact it will have on the
market, then say yay or nay, and then you decided if you want to keep moving
forward. PJM and some other markets are now working with the Federal Energy
Regulatory Commission to reorganize their queue.
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Responding to Mr. Anderson, Mr. Paul Waddell, Electric Director, stated that the
last major upgrade to Vansant was in 2017, which was enough of an upgrade on
that unit with its cycles and hours that it should last up until 2042. Mr. Waddell
stated that the city collects a good amount of capacity payments from PGM just
from having that unit. One of the last times it ran, they were able to get $1,100 per
megawatt hour. Forty-two times $1,100, times six hours that it ran. That was a
good chunk of money that was made at no additional cost to the city except for the
gas.
Responding to Mr. Anderson, Ms. Newton stated that there has to be a balance
between programmatic and taking advantage of opportunities. The Energy
Authority has meetings every month with the RMC to discuss those kinds of
questions. When do we stick to our program and have a sense of being open to
whatever the opportunities are? If you do not have the programmatic, you would
fall into trying to catch the market, and that is not what they want.
Mr. Neil moved to recommend accepting the 2023 Dover Integrated Resource
Plan as prepared by The Energy Authority and following the
recommendation contained therein, as recommended by staff. The motion was
seconded by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 6:50 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairwoman Arndt presiding.
Adoption of Agenda
Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Mayor and Council Reports
Council President
Council President Sudler was absent.
First District
Dr. Pillsbury reported she received a call from a citizen regarding a community
recreation area and a water retention pond. The citizen wanted to know why some
developments are maintained by the city and some developments are responsible
for the maintenance, she is looking into that. Dr. Pillsbury reported she participated
in the St. Patrick’s Day parade, attended the Police Academy graduation, and the
Dover Transformational Leadership training and found them all helpful and
interesting.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 7
Mr. Rocha reported that he would add to what Dr. Pillsbury stated and add that she
helped him coordinate along with Mr. Boggerty, at the West Dover Town Hall
Meeting on March 2, 2023. At that meeting, there were presentations on the
Mosaic Downtown Master Plan, presented by the Downtown Dover Partnership. A
DelDOT engineer also talked about the Kenton Road update and a presentation
from Code Enforcement. The next meeting will be on July 6, 2023. Mr. Rocha
stated they will continue to engage DelDOT about Kenton Road for updates on the
construction. Additionally, Mr. Rocha attended the Transformational Leadership
training as well. Mr. Rocha reported that he attended the McKee Road/Saulsbury
Road public workshop. He also was invited to attend the Green Homeowners
Association meeting and participated in the St. Patrick’s Day Parade. Mr. Rocha
also attended Colonel Hampton Green’s funeral and provided him a tribute on
behalf of the city.
Second District
Mr. Hare reported that he participated in the St. Patrick’s Day Parade and was
attacked by a dog. Mr. Hare has received several calls about someone on the
Public Works truck that picks up leaves. It has been said that they are doing a
wonderful job and when they come, they are picking up everything and not leaving
behind one twig. Mr. Hare stated that he always hears the bad stuff, but he
received two positive calls.
Third District
Mr. Neil reported that he attended the Police Academy graduation along with Ms.
Arndt and Dr. Pillsbury. He attended the St. Patrick’s Day Parade with the Mayor.
At the McKee/Saulsbury DelDOT workshop, there is a mile-and-a-half road that
they showed at that juncture. Hopefully, there is a six-way stop that will be at
Governor’s, Ross, and Bradbury, coming up very soon. Mr. Neil reported that he
attended two Special Council sessions, missed the Transformational Leadership
Training due to COVID, and testified on behalf of a Kings Cliffe resident in JP
Court. Mr. Neil responded to three constituent complaints, sharing those emails and
the actions that were taken by staff along with his Third District colleague Ms.
Arndt.
Ms. Arndt reported that Mr. Neil covered everything she was going to report on.
Fourth District
Mr. Anderson reported that he would like to thank the staff for the resolution of past
concerns. Mr. Anderson was talking to someone about a familiar complaint of not
having trash cans on the west part of Loockerman Street. While he was talking, he
looked over and there were new trash cans. Mr. Anderson reported that constituents
over at Woodcrest are requesting at Buttner and Woodcrest Drive, that yellow paint
be applied to the curb where it is supposed to be fifteen feet because cars park there.
Mr. Anderson stated that it is a safety hazard because it blocks your view of where
the houses are. They have also requested a look into the idea of extending the
sidewalk when the new school comes, so that Pay Lynn Drive, Schoolhouse Lane,
and the sidewalk area are connected. Mr. Anderson stated that there is a gap
between them and it may have to do with the right of way, or the wetlands,
however, they would like it to be explored because the kids end up walking on the
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 8
street. Finally, Mr. Anderson reported people are still anxious about the streetlights
south of Division Street running to full capacity.
At- Large
Mr. Boggerty reported that he attended the Capital School District’s strategic
planning session alongside the Mayor. He also attended and sat on the panel at
Delaware State University’s University Pathway to Success Program. The program
had to turn away one hundred students, so they are going to plan it again. Mr.
Boggerty reported that he coordinated a meeting with the Chief of Police and DSU
personnel to establish an internship program for the cadets. The meeting went well,
and he looks forward to hearing how the cadet program can be turned into an
internship to increase interest. Mr. Boggerty reported that he addressed a constituent
concern regarding traffic on Reed Street and he would like to thank Mr. Nowak for
responding. Mr. Boggerty attended the Black History Program at the Modern
Maturity Center with Councilwoman Dr. Pillsbury, and they were able to address
them on behalf of the Mayor and Council. They were able to welcome them and tell
them that they hear their concerns with the electric rates. Mr. Boggerty also
appeared on a podcast that had over 1,700 views with a lot of positive responses.
Mr. Boggerty attended the Faith and Trauma Mental Health Symposium at
Delaware State University. He was able to talk to Wilmington’s Chief of Police and
get some ideas on how they managed the Rodney Square issue with their unhoused
population. Mr. Boggerty also congratulated the Dover High School cheerleaders
for winning the National Cheerleading Championship held in Virginia. Mr.
Boggerty participated in the St. Patrick’s Day parade and also called a constituent
regarding an electric company concern that was quickly resolved.
Mayor Christiansen
Mayor Christiansen stated that he will submit his report electronically at a later
date.
Review of Cash-in-lieu Amount for Active Recreation Plan – Dover
Apartments at Leipsic Road (Mary Ellen Gray, Planning and Community
Development Director)
Ms. Mary Ellen Gray, Planning and Community Development Director reviewed
the background and analysis regarding the Review of the Cash-in-lieu Amount for
Active Recreation Plan – Dover Apartments at Leipsic Road.
Mr. Neil stated that there has been a discussion of DelDOT doing a traffic study
before. He has no objection to the 216 apartments, perhaps as many as 500 people
or more are going to be in those apartments. However, this is a very crucial part of
the city at Route 13 and as you go east coming down Leipsic, you can see the
Speedway where it is located. At certain times of the year the Speedway, Firefly,
and the Gifts of Lights, all will impact traffic tremendously and there is no escape.
Once you hit the area, when these people move into the apartments and traffic is
blocked off crossing the bridge to go down Leipsic into Persimmon Tree, it is going
to be a disaster. Mr. Neil stated that DelDOT is going to have to take a look at that
area for whatever enlargement is going to be called for as these things are going to
be built because there is no escape. There is a small one, in which you can cut out
and wind up back at Route 13 again by the old E-Z Pass building. There is Home
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 9
Depot and a Citizens Bank where the old Pizza Hut was, and it is going to be a
problem. Mr. Neil recommended that staff recommends getting ahead of the traffic
before the apartments are built.
Responding to Mr. Rocha, Ms. Gray stated that it is a math problem. 216 units were
proposed and the total required active recreation area was 59,400 square feet.
53,463 square feet was proposed, so there was a deficit of 5,937 square feet. The
appraisal value was $130,000 per acre and the calculation was $2.98 per square
foot. So that gives you $17,718.31.
Responding to Mr. Rocha, Ms. Dawn Melson-Williams, Principal Planner stated
that the calculation for the active recreation area, the requirement for the plan is 275
square feet per dwelling unit. There is a minimum of a half-acre.
Responding to Mayor Christiansen, Ms. Melson-Williams stated that this was for
the apartment complex itself and that Bank of America was not on the parcel. There
was a connectivity to the other parcel that is fronting 13 but that is on a separate
calculation.
Responding to Ms. Arndt, Ms. Melson-Williams stated that anytime there is a cash-
in-lieu payment made that payment goes into a parks and recreation reserve fund. It
is specifically earmarked for park improvements citywide; it is not delegated to a
particular area of the city. In the past, they have drawn from that to help fund some
of the smaller improvements in some of the smaller parks.
Mr. Neil moved to recommend the acceptance of the staff recommendation of
the Cash-in-lieu Amount for Active Recreation Plan – Dover Apartments at
Leipsic Road. The motion was seconded by Mr. Anderson and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Review of Active Recreation Plan – College Road Apartments at Railroad
Avenue/Grove Street (Mary Ellen Gray, Planning and Community
Development Director)
Ms. Mary Ellen Gray, Planning and Community Development Director reviewed
the background and analysis regarding the Review of the Active Recreation Plan –
College Road Apartments at Railroad Avenue/Grove Street.
Responding to Mr. Hare, Ms. Gray stated that she only knows the plan as presented,
she was not present if it was proposed as another plan of 150 units.
Responding to Mr. Rocha, Ms. Gray stated that part of the process is that the
committee reviews the recreation plan and makes a recommendation to the Planning
Commission. The recommendation is then reported to the Planning Commission so
that they can make their review and include that in their recommendation or their
review of the plan. This plan does meet the criteria for the square footage of the
property.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 10
Responding to Mr. Rocha, Ms. Gray stated that there is a request for a waiver for
parking, which is in the Planning Commission’s purview, so they will be reviewing
that.
Mr. Anderson stated that there are different areas of responsibility and as Ms. Arndt
stated council looks at the recreation plan. If the Planning Commission looks at the
recreation plan and says, “It looks good but taking into account everything, it will
need to be adjusted because we are not going to approve the parking waiver,” then
the recreation plan has to be reworked. The new plan would then come back to
council with the recommendations from Planning Commission. The Planning
Commission needs to know that the recreation plan that is being submitted, is an
acceptable alternative because if not, they would have wasted their time. If the
Planning Commission sent council the recreation plan, instead of it going to
council, the recreation plan would still have to be approved by council. It just
happened to be chosen that it is easier for the Planning Commission to be the one
with the final input that has the recreation plan, the staff site plan, and the full
picture.
Responding to Mr. Hare, Mr. Rocha stated that the number required for 385 units is
867 parking spaces, and the waiver is allowing 683 parking spaces.
Responding to Mr. Tholstrup, Ms. Gray stated that there is no playground, but there
was a multi-sport court, a volleyball court, a paved walking trail, fitness stations, and
a yoga studio inside.
Responding to Mr. Boggerty, Ms. Gray stated that the walking paths have to be
accessible and each floor has to be ADA accessible.
Responding to Mr. Boggerty, Mr. Greg Rishel, Pennoni Associates, stated that he is
the applicant’s engineer and that the walking trail will be paved ADA compliant, and
will be accessible. There are fitness rooms, yoga rooms, and activity rooms in each
building. The other facilities, such as the sports court and the picnic pavilion, would
have paved walkways to them. Picnic tables could be made to be ADA-compliant so
that someone who is disabled or in a wheelchair could pull up to them. As for the
fitness stations, multiple manufacturers make equipment specifically geared toward
someone with physical disabilities.
Responding to Mr. Anderson, Mr. Rishel stated that they are predominantly one-
bedroom studio apartments and that the target audience is college students, given the
proximity to DSU. Potentially also with the air base, and military personnel. The
apartments are geared toward starter apartments with a mix of two bedrooms mixed
in.
Responding to Mr. Hare, Ms. Melson-Williams stated that this is the first appearance
of residential development for this tract of land. There was an associated site plan
that dealt with street improvements in the general area, but the number of units had
various designs that have been worked on over the recent years, but not presented to
the Planning Commission or the prior committee.
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Responding to Mr. Hare, Ms. Melson-Williams stated that the city’s zoning
ordinance does not make that a requirement. The State Department of
Transportation, DelDOT, has its own technical regulations that would regulate where
a TIS is warranted There are also other options in DelDOT’s Development
Coordination Manual. They will be the ones deferred to for those traffic
improvement approvals and necessary studies or analyses.
Responding to Mr. Hare, Ms. Melson-Williams stated that as part of the site
development application process, Dover’s Development Advisory Committee is
made up of the city departments and state agencies that are made aware of the
application filings. Additionally, a number of those agencies have regulatory
requirements and their review process to, for example with DelDOT, take access
from a state-maintained roadway. There is a review process with them, just like the
sediment and stormwater management plan for the site will be reviewed with Kent
Conservation District, which has its own technical review guidelines. All of that
goes into the consideration of the site development plan and its approval process.
Responding to Mr. Neil, Ms. Gray stated that the process is that the site development
plans are reviewed, the final review and approvals are done at Planning Commission,
and this application will not come back to council.
Mr. Anderson moved to recommend the acceptance of the staff
recommendation of the Active Recreation Plan – College Road Apartments at
Railroad Avenue/Grove Street. The motion was seconded by Mr. Boggerty and
carried with Mr. Rocha and Mr. Hare voting no.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection the meeting adjourned
at 7:42 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
Proposed Resolution No. 2023-02 Authorizing the City of Dover to Participate
in New National Opioid Settlements
Staff recommended the adoption of the proposed resolution No. 2023-02.
Mayor Christiansen stated that he has had the honor of being appointed to the Opioid
Distribution Funds by the Governor and the Attorney General, so this will enhance
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the city’s position on that committee. The downside of it is that at this point, it looks
like there is $27 million which will be distributed over the next ten years.
Mr. Hare moved to recommend the acceptance of the staff recommendation of
the proposed resolution No. 2023-02. The motion was seconded by Mr. Boggerty
and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 7:45 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 7:46 p.m.
APPOINTMENT-RECOMMENDED BY MAYOR CHRISTIANSEN – DOVER
PUBLIC LIBRARY ADVISORY COMMISSION – JACLYN K. HALE – TERM TO
EXPIRE JUNE 2028
Appointment Recommended by Mayor Christiansen – Dover Public Library Advisory
Commission – Jaclyn K. Hale (Term to expire June 2028)
By consent agenda, Mr. Neil moved for the appointment of Jaclyn K. Hale to the Dover
Public Library Commission, as recommended by Mayor Christiansen. The motion was
seconded by Mr. Rocha and carried by a unanimous roll call vote.
ITEMS NOT ON THE CONSENT AGENDA
WAGE EQUITY STUDY UPDATE (DAVID S. HUGG III, CITY MANAGER)
City Manager, David S. Hugg III, stated that they started back in July and probably for the better
part of July till November were doing a lot of data collecting, looking at comparables, meeting
with union representatives and others to get a sense of where the City of Dover's pay scales and
compensation matched to those of our area competitors. Mr. Hugg noted that on average the City
of Dover's pay scales across the board was probably 30% below the market or below what other
employers in the area were paying. So clearly there is a risk and an issue that needs to be
addressed. Since November they have been sort of trying to peg positions and pay grades. They
have also been doing a sort of analysis to be able to get to a point where they could make a
preliminary presentation.
Mr. Hugg stated that he wanted to point out two things. One, they have two obligations that
require them to balance their approach. One is the obligation of the city management and city
council to their employees. Mr. Hugg explained that they had promised back in the summer that
they would do their very best to address the inequities that exist between Dover and other
locations. They also have a fiscal obligation to the city and to the city's taxpayers and employers
to be fiscally responsible. It is a balancing act that is not easy and involves things like increasing
revenues, decreasing expenditures, and postponing major projects. Mr. Hugg stated that he
would like to just quickly touch on some numbers so everyone gets at least an understanding of
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 13
where they are and what issues they are dealing with. Mr. Hugg noted that he wanted to give the
audience a little bit of the information from a presentation that they had made to city council at
their workshop.
Mr. Hugg stated that they are preliminarily working through their estimates of revenues and
expenditures for fiscal year 24’, looking at places where they are going to have to address
increased costs. Also trying their best to project what the revenue growth might be as a result of
continued economic development or consumption. Just to give everyone a sense of sort of where
they are, the city’s base expenditures appear to be somewhere in the neighborhood of eight to
nine percent for FY 24’ versus 23’. What that translates into basically is a 21% increase from
fiscal 21’ to 23’ and then another eight percent to get to 24’. That is a pretty significant change
and it actually can be as high as $17 million. So they have got an expenditure growth that is
going to be rather significant which is going to require them to talk to council and for council to
make some tough decisions about where money is to be allocated.
Mr. Hugg continued to explain that the offsetting that they are looking at is maybe six to seven
million worth of normal revenue growth. So as everyone can see, that is a pretty big spread from
17 to six. That difference excludes one-time revenues and things that might come along that will
exclude inner fund transfers. The point that Mr. Hugg wanted to make is that there is no magic
pot of money here. There is a huge expenditure coming and modest, to say the least, modest
growth in revenues. Mr. Hugg has a presentation that they could go through, but in the interest of
time, he will not do that. They approach this from the standpoint of what is the best that they
could do for the employees if revenues, expenditures, if all those things worked out, then what
would be sort of the best case scenario?
Mr. Hugg stated that the best-case scenario, and he has to be cautious by saying this may or may
not be the proposal that the city can ultimately afford. So everyone knows what they were
looking at, which is a combination of bringing roughly 300 employees up to a proper minimum
and adding years of service multiplier of two percent per year. That gets the city about a four-
and-a-half to five-million-dollar hit. That is the outside number. That is what the city is looking
at, excluding the police. The police department is bound to its own FOP union contract, which
has a certain amount built into it and an MOU that council approved some time ago.
If the city was able to do that, the average increase for employees would be a little over 25%
would affect 326 employees. Mr. Hugg noted that some employees could get more than double
their current salary. That is how bad the discrepancy is and there are a handful of employees who
just because of how long they have been with the city and where they fit would have to be
adjusted individually. Mr. Hugg continued to explain that the two percent placement in grade,
which is years of service, is built on the theory that it would take 30 years to get from minimum
to maximum. In a pay grade using the idea of minimum midpoint and maximum a 30-year career
would move an employee from the starting point to the maximum pay grades so they have
applied a two percent factor.
Now the next steps in this process are that they need to sit down with city council and look into,
dive into, does the city have anywhere near sufficient funds to add the full proposal. Mr. Hugg
would certainly like to if the city could, but he honestly does not think they can. Mr. Hugg does
not see revenues growing substantially and he wants everyone to understand that. The city still
has bills to pay and they are still seeing substantial increases in a lot of costs that they deal with.
Mr. Hugg noted that they have some work to do and that they will be doing that over the next
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 14
few weeks with the idea that they need to lock down whatever proposal council is willing to
accept. They need to lock it down the next month or so, probably the next month to put the
budget together and determine what kind of revenue enhancements, if any, the city is going to
have to go into the next year.
Mr. Hugg stated that the city will do something this year and he is hoping it will be a substantial
adjustment. He cannot guarantee anyone that. They will do their very best, but counsel is
committed to starting a process that gets them to a place where working for the City of Dover is
well compensated and competitive with the market of our neighboring cities and counties
throughout Delaware.
At council’s request, Mr. Duca went through the presentation that was presented to council at
their workshop on March 24th.
Councilman Anderson stated that he wanted to reiterate that council is committed to achieving
this. Council committed to achieving pay equity and then they were asked by their employees to
adjust it for payment and grade. They did not know what that looked like and what those
numbers were, but they have seen them and they are going to find a way to make it work. It may
not be all in one year when it comes to the payment and grade, but it is going to happen. It is not
going to be 10 years down the road. Council is committed to making this happen. Councilman
Anderson noted that he asked Mr. Hugg and his team and of course, Council President to put this
on the agenda in the second legislative finance agenda in April. So they can discuss it more in-
depth and they can also get the employees opinions as well. By that time they should have some
firmer financial numbers and feedback from the city’s labor partners and the unions. Which is
something that the city values as well.
Mr. Anderson noted that this is a major move. It is something that had never even been asked of
council before because it is such a heavy lift and they are glad to be able to take this voluntarily
because it is the right thing to do, especially with the economy. However, everyone also sees that
they produce the price index. When they see those numbers on television, what does that
translate to? It translates into high wholesale prices and everyone can see that things are bad
enough when it comes to the numbers that people get in when they go to the grocery store, with
rent and the stores. It is even worse when it comes to what it costs the city to provide the services
that they do. When it costs twice as much to repair and build a road, something is happening
here. So council is going to do this, they are going to make it happen.
Councilman Anderson stated that council is going to make it happen in a way that works for the
taxpayers and everyone. They are going to do it as quickly as possible and he thinks the
employees will be pleased to say it should be realistic. It may not be an all-in-one-shot deal
because the city added a major expenditure, which almost tripled the cost when they talked about
looking at payment and grade. That is something that was not part of the original discussion, but
that is something that they are committed to doing because it is fair. If someone has been
working with the city for 25 years, someone that got hired yesterday should not be able to catch
up with them tomorrow. So they have to do it, they are going to do it and they are going to find
the most expedient way to do it as quickly as possible.
Councilman Rocha stated that they are going to have to do this because as much as prices are
going up for the city’s bills, the employee’s bills are going up too. So at some point, Council just
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 15
has to make it so that the employees have a livable wage and work for the city. He has been
waiting for them to make some progress on this. Councilman Rocha noted that he knows it is not
easy, but he hopes optimistically with this in mind as they work through the budget constraints,
that this is in there. He stated that they just need to figure out how they navigate it going forward
because expenses probably from here on out are going to be challenging anyway.
Councilman Rocha noted that the city just has to come up with creative ways to forecast how
they can bring in more revenue going forward. So council needs to take care of their own and
make sure their people are being taken care of so that when these prices do go up, it is not a big
hit on their end. They have been waiting a long time, so it is time to get it done.
Councilman Hare stated that just as little follow-up on everything that has been said, he agrees
with Councilman Rocha and he agrees with Mr. Anderson. His only concern is that they do not
take another nine months to get this done. Council made this commitment last July and should
have already had the presentation that they had at this meeting. Councilman Hare thinks that they
should have had it at least three or four months later. It is not fair to the people and it is not fair
to the employees. He understands the expenses, he understands all of that. Council Hare thinks
that the employees do too. So they need to just try to get something to where they can do
something and not take another nine months to get to this point.
Councilman Boggerty stated that he too shook every one of the employee’s hands, and he
understands. He got his electric bill and he looked at it too. Councilman Boggerty stated that he
understands what it is like to have to budget and the presentation that they saw, is realistic and he
thanks City Manager and Ms. Duca for that. Without the employees, there is nobody to put those
amps in, nobody to operate the trucks and there is nobody to pick up the trash. Without that,
without them, with nobody to drive the trucks, everyone will be fussing about other things. So he
understands and appreciates it and council is realistic. Councilman Boggerty stated that he and
Councilman Hare were appointed to be part of this committee, and they are committed. He does
not want to see this drag on longer than it needs to. Council can kick the can down the road. It is
going to hurt and the city is going to have to adjust. He wants their employees to feel like council
values them. That is not to negate any work that anybody has done. That is not to ignore
anything that the city is going to face, but they are going to face that anyway.
Councilman Boggerty stated that he remembers the year that he got into the military in 91’ and
they offered those buyouts to all the staff and tech sergeants, he did not know it then, he was a
new airman and it did not mean anything. But what happened? They lost a lot of brain energy.
They lost a lot of experience and he thinks it hurt them now that he looks back over his military
career. They lost that group and they cannot have that in the city. They cannot lose. That is a lot
of experience out there. That is a whole bunch of knowing how to do whatever they do in a short
amount of time. Teaching and making sure others know exactly how to do some things the right
way. Council talks about repairing trucks and then they lose those individuals, those mechanics
who know how to repair trucks or do whatever they do. Thank you Council President for
showing the city’s staff what council faces. As Council President is always saying, they always
say they are going to be team Dover and Dover Strong, and the employees are part of that team.
Council is not Dover strong without the employees.
EXTENSION OF AMBULANCE SERVICE CONTRACT DATED JANUARY 22, 2019
(KAY SASS, PUBLIC AFFAIRS AND EMERGENCY MANAGEMENT
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 16
COORDINATOR)
Kay Sass, Public Affairs and Emergency Management stated that she is asking for council's
approval for a one-year extension on the city’s contract with St. Francis. The original contract
was three years with the option to add two additional one-year extensions. This is the second
one-year extension, which means it will go out to RFP this coming August or September.
Nothing has changed. It is the same cost to extend it for an additional year and the city has had
great service provided by them. Ms. Sass stated that she also has Scott Bundek and Mike
O'Connor present if there are any specific questions that council needs to be answered. They're
also here for availability.
Responding to Councilman Boggerty, Chief Carey stated that it is not the time to discuss the
structure and red light camera funds because all they are doing is renewing a contract that they
currently have. Council can look at negotiating maybe some of this into the RFP as it is coming
up in August. Council can look into different avenues of how they could make this work for the
fire department and the city as well. Chief Carey stated that currently, yes, the legislation
references fire departments being nonprofit and that is why they can collect these red light funds
for the ambulance service because the ambulance service falls under most fire departments,
except the City of Dover and the Wilmington Fire Department or the City of Wilmington. That is
something that they will have to work out.
Mr. Hare moved to recommend the acceptance of the staff recommendation that
authorizes the City Manager the right to extend the contract term by one year under
the Original Agreement signed on January 22, 2019, XVII. Terms Review,
Termination, and Assignment, Section B, Contract period may be extended by the
City of Dover for two (2) additional one (1) year terms if the contractor agrees to hold
the prices as negotiated. If such an extension occurs, it will be agreed upon by both
St. Francis and The City of Dover in written documentation. This is the second (final)
one-year extension expiring on March 31, 2024. The motion was seconded by Mr.
Rocha and unanimously carried.
Evaluation of Bids – FY 2023B Street and Alley Program (Jason Lyon, Water/Wastewater
Director)
Assistant City Manager Sharon Duca stated that she was there on behalf of Jason Lyon,
director of Water, Wastewater & Engineering Services. Ms. Duca discussed the bid for the
fiscal year 2023 B Street Alley Program. The program is funded through community
transportation funds, which were provided by two area local legislators for two specific
street improvement projects, one being the repaving of the Dover Little League parking lot,
the second being East Loockerman Street in Loockerman Court on the east side of the
highway. Two bids were received and are shown in the packet. Both bids were found to be
qualified. However, staff did recommend awarding the contract to Grass Busters
Landscaping in the amount of $413,294 for the Street Alley program
Mr. Hare moved to recommend the acceptance of the staff recommendation to Award
the contract to Grassbusters Landscaping Co., Inc, for the City of Dover FY 2023B
Street and Alley Program, Bid #23-0012PW, for the amount of $413,294. The motion
was seconded by Mr. Arndt and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 17
Electric Fund-Retail Rate Benchmarking and Recommendation to Adjust the
Purchase of Power Adjustment (PPA) (Lori Peddicord, Controller/Treasurer)
Controller/Treasurer Lori Peddicord stated that there have been a lot of discussions about
comparable rates within Dover and that is pretty much what drove them to pull these data
points together. She apologized because she may have offered some confusion. After all,
she saw an issue with one of her charts earlier this evening and sent an updated slide deck
to the clerk's office. Again, she has had a lot of conversations about comparable electric
rates amongst the various utilities within Dover or Delaware. They went out to the
resources on the web, such as the Energy Information Administration website. They
obtained statistical and analytical data from the US Department of Energy which is
responsible for collecting and analyzing and then disseminating the data, being independent
and impartial to the energy information.
Ms. Peddicord listed all of the neighboring utilities, City of Seaford, Town of Smyrna, City
of Milford, and City of Newark, and charted them out for the past 10 years, from 2011 to
2021. Ms. Peddicord explained that the red line shows the total average based on the
information gathered per year from each of the municipalities or electric utilities. So there
has been a lot of discussion about the City of Dover being one of the highest electric rates
in the area. Ms. Peddicord noted that the city does not portray itself as being high in the
presented charts. Ms. Peddicord explained that this information is out on the web, available
based on collection from the Department of Energy. Now, this information is based on
electric rates, not to include any power purchase adjustments that the surrounding entities
may include. So the city is comparing apples to apples, electric rates, and residential across
the board.
Ms. Peddicord stated that the current purchase power adjustment factor for the City of
Dover was at 3 cents per kilowatt-hour. Dover's rates were designed to recover the service
costs and maintain financial reserves according to state and federal regulations. In the event
of unexpected cost increases or decreases, this purchase power adjustment factor is used as
a mechanism to cover those increases or decreases. She noted that she wanted to give a
little bit of history because this is the first time that they are bringing forth the discussion of
an adjustment to this factor during a fiscal year. Normally and in prior practice with the
city, the purchase power adjustment has been established and set at the same time that they
adjust the rates. There is no prior history of adjusting it midstream during the year. Based
on conversations with the Energy Authority, which sits with the management team of the
city of Dover, and in conversation about how other electric utilities use this mechanism at
their locations, it was discussed that this is not an item that is set once the budget is
approved.
A lot of other utilities change this power purchase factor throughout the fiscal year. Some
do it monthly, others do it less routinely than that because, it is established to cover
purchase power costs, transmission costs, and fuel costs. Ms. Peddicord stated that in
conversations with City Manager Hugg, they also were using that adjustment factor and
changing it internally based on conversations with management. Ms. Peddicord was unsure
if Mr. Hugg would want to reference some of the use that he has experienced with the
Town of Smyrna.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 18
City Manager Hugg stated that when he was Town Manager in Smyrna, they had a
consultant providing services very much like the Energy Authority provides to Dover. One
of the tools that they exercised regularly was an analysis pretty much monthly of where
utility costs were and periodically changing, raising, or lowering the purchase power
adjustment to try to do what it is intended to do, which is balance out the swings that
happen in the wholesale energy market. It was considered a management tool to be used
kind of as necessary and not fixed once a year when the budget process was done.
Ms. Peddicord stated that the Delaware average retail price comes directly also from the
EIA website displaying the average retail price of electricity for residential US residential,
Delaware residential, and then Dover residential kilowatt per hour displayed by that gray
line on the presentation. The gray line as council can see is flat. That is based on the city’s
rate tariff of 12 cents per kilowatt hour, which is the flat rate for the electric charges that
the city charges. Then it gets multiplied by the usage. The red line in the presentation
displays the increase or change based on the establishment of the purchase power
adjustment factor of 3 cents. This is comparable information from January 2022 to
December 2022. As council can see early on the city did not have the purchase power
factor added to the bill. The city was giving money back.
Ms. Peddicord stated that Moody's had adjusted Dover’s rating, the bond rating, from an
AA3 to an AA2. This was based on economic and strong financial positions, low long-term
liabilities, and fixed costs, although they were up against a variety of headwinds, so that
was good news. In considering all this, again, the purchase power adjustment, there was a
lot of talk about what the totals were, and how much had been provided to the benefit of the
taxpayers, and that equates to about $32 million from the fiscal year 2011 to 2022.
Also taking into consideration the transfer from the general fund to the electric fund, which
totals $128.5 million, and that again is also cumulative from 2011 to 2022. As a result of a
lot of this conversation, the transfers, and the purchase power adjustment factor, there has
been a lot of question about how that affects the tax rate to the citizens of Dover. In total,
the electric contribution to the general fund reduced the city's tax rate, on average, by 30%
since 2010. Ms. Peddicord noted that she has more of a detailed presentation of this
depicting the number of transfers, in general, each year, also displaying the PCA credit
during the years that were provided. Then there is a gray line that signifies the percentage
of reduction in the tax rate each year based on the transfer that the general fund was
receiving from the electric fund.
As of the most the recent fiscal year 2022, there was a reduction in the tax rate of
approximately 34% based on the transfer from the electric fund to the general fund.
Responding to Mr. Rocha, Ms. Peddicord stated that she does not have any historical
background to go on this. She has reached out to the energy consultant to kind of formulate
an internal practice or procedure to bring back and just communicate with council. What
she is looking to do is to take the PPA adjustment out of the rates and tariffs guide that
council approves because if they can change that based on what they see in fluctuating
power supply, transmission costs, et cetera, she does not want to have to keep bringing that
guide back to council. She also wants council to have an understanding of when and how
the changes are occurring and then probably establish a practice of communicating those to
them. So that council is aware of what internal management decisions are being made.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 19
Responding to Mr. Rocha, Ms. Peddicord stated that she hopes to bring it back as part of
the budget discussion. The city is supposed to meet with the energy authority and they meet
with them monthly. She had asked to put that on the agenda to have that discussion and
bring back more detailed information from other utilities that they work with. So she would
hope that they would have something hashed out to accommodate or follow along with the
budget discussions. Again, it is kind of pulling that mechanism out of the overall authority
and the approval process but again, she did not want council to be in the dark per se.
Councilman Neil stated that the electric rates have been a public relations nightmare for the
council and the city because the rates did not change, the surcharge was put up. Yet the
fluctuations that he has heard from people who have made complaints are kind of
astronomical. Just on that 3 cents, his bill went up $93 because of it. Other people claim
their bill went up $700. Mr. Neil stated that he is unsure why that would be but he did not
know how closely they look at their rates or not. So when council is considering this, when
they have a stable amount saying this is what your rate is and then you are adding the
surcharge if the city is taking that up and down periodically, whether it is every month or
whatever because it is going to fluctuate. It's not going to stay the same.
Mr. Neil stated that they have to communicate with a whole lot of people. Anything that
they do, whether council does not make any changes and do the surcharges they are doing
now or whether they are going to do a fluctuating basis month by month, two months,
every other month. Whatever council does, basically it becomes a nightmare. He just does
not understand why someone would call him and say, "My bill went up $700." When he is
looking at his bill and this, they are not talking about ballet, they are talking about people
who are living in houses or renting houses and paying directly to the city.
Mr. Neil does not know whether the problem is the way they use their electricity. He does
not know whether their house is leaky and the electricity is out or if they are using
electricity for their heat. Nonetheless, it is kind of a nightmare. So whatever council
decides they are going to do, the city is going to have to make sure as much publicity is out
there as possible to make the people understand they are not making money from this. The
city is trying to provide that service, dependable service as they possibly can get. If they are
having a surplus from that electricity, it is keeping the tax rate down. Ultimately that is the
story but the city needs to convey that story to them if they have a fluctuating period. He
does not know what the answer is but he thinks they will figure it out.
Responding to Councilperson Arndt, Ms. Peddicord stated that she is going on a lot of
historical information and is also taking into consideration what the electric rate study is
supposed to accomplish. So a couple of things to point out. The last time the city had an
electric rate study was in 2017. So when the prices went through the roof at the beginning
of, or the tail end of 2021 and 2022, they had not made any adjustments for that. Again, the
city was following along with what the rate study sort of guided them towards doing in the
many years. A PCA credit has been supplied to citizens or customers of the electric utility.
So it is not often, and again she does not have any historical data to sort of follow along,
but she does know that all of the variables that they are speaking of come into play when
they put together the rate study information. It takes into consideration the purchase power
cost, the rate, and the salary study, that they are pushing through because that will affect the
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 20
employees that are funded by the electric fund. Along with operating costs, infrastructure
costs, et cetera.
So the city is supposed to do its best to provide detailed information about the next five
years’ worth of load history, infrastructure costs, and operating costs so that they can get a
more solid rate framework. So in that case, Ms. Peddicord believes she would lean towards
that there would not be so much fluctuation in the PPA factor, or the mechanism if the
city’s rates are covering their costs, the only time they really would need to use this. Again,
she is waiting for some more solid information from the consultant to go, "Why would
someone be changing it monthly? And why cause yourself all these headaches?"
If the rate study has all the pertinent information, the only time the city would need to use
the PPA would be is if they had gas fluctuations, power supply fluctuations, et cetera. Or if
they are paying this RMR cost that the city did not know about when they were creating the
FY 23’ budget. So those sorts of factors that were outside of the normal scope are what she
would believe this PPA would be used for, into capturing those changes or those things that
are one time. Ms. Peddicord stated that she did not want to make a huge change in this, but
she would sort of like to use it as it should be established and that she did not know that
they are using it in that way right now.
Mr. Neil stated that the way he sees it, they have a cost to get electricity to their people.
That cost is in materials, it costs in infrastructure, and it is the cost of manpower, all of
those things. That is a solid cost. The city knows what those costs are when they do the
budget, they know who is going to get the pay raises, and they know all of that. Then they
have that fluctuating cost just as when you go to the gas station and one time it is costing
you X number for gallons and the next time more X for gallons or whatever. So that is the
part that basically fluctuates and ultimately the decision is, when do they put what the
fluctuation is? Council knows exactly what other costs are going to be, it could be higher or
lower to get that electricity to the homes and businesses, but then the power is the key. That
is the one thing that is not stable and that they still have to consider.
Councilman Anderson stated that he looks forward to when more information comes back
on it. He would not support a blank check on utility rates, he just would not.
Now if they put a cap on it and it goes beyond that cap, then it comes to Council for
approval. To him, he thinks that could hit a sweet spot that would give management the
ability to do some adjustments. Mr. Anderson stated that he would not want to just give a
blank check and then not have a discussion of whether they use a combination of power
purchase with rate stabilization, which also exists for the reason to avoid spikes, the rate
stabilization fund. Otherwise, it could end up being unfair to some people because of the
way the electric billing happens and they could conceivably get people who would not have
much notice, even though they benefit on the way down, equally.
It's just that one of the things that's important for businesses and family budgets is a
measure of stability. So they could conceivably get very little notice and just get a couple
of weeks’ notice and all of a sudden be hit with a major change if they do not have a cap.
So he thinks that would have to be part of the discussion, but he is definitely in support at
least for a quarterly adjustment and he thinks that this is a very intelligent proposal and a
great discussion to have. Mr. Anderson thanked Ms. Peddicord for bringing this up because
he thinks it would benefit their citizens if done correctly.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 21
Rates and Tariffs - July 1, 2022 Version (Revision Effective April 1, 2023 Billing Date)
Ms. Peddicord continued to state that based on prior conversations in the prior agenda item,
she is bringing forth the rates and tariffs with the revision of the PPA removed, for the
remainder of the fiscal year from the April 1st billing date through June. This again is
based on no historical guidance on how in normal practice this mechanism should or could
be used, but again, in considering the possibility of building this out differently, take into
consideration that again, the rate study includes an estimate for the fiscal year of
infrastructure, gasoline prices, salaries, benefits. Ms. Peddicord explained that she would
hope not to have to use that fluctuating power adjustment factor to any huge extent but that
she also thought about the need for a cap or a parameter in there, high/low end, et cetera.
Just so that everyone can be educated and she will look into bringing back information just
to inform council. Probably to ask for a decision as to whether to include this PPA
adjustment in the rates and tariff guide or to pull it out and be able to communicate the
fluctuation in that adjustment factor in a different method.
Ms. Peddicord stated that what she would suggest is informational, but she is suggesting
that they remove that power factor from the billing to go out to customers from April 1st
through June 30th. Also consider that, if by chance, power supply costs were to skyrocket,
they may need to put some new factors in place. She hopes not to do that, but again, she
does not have a crystal ball, so she thinks that is all she has to offer and she will just take
council's direction from here.
Responding to Mr. Hare, Ms. Peddicord stated that to make this decision, she did do a
financial analysis and determined that based on where they stand currently and the change
in the power supply cost, they have recognized a savings of approximately $20 million
from the beginning of the fiscal year through February. Considering the debt that they have
already passed through to customers and the funding that they are taking from the reserves,
they should be fine with covering the remainder of the year’s costs. Including any
amendments that they need to make to their budget for operating costs and maintenance
infrastructure, et cetera, outside of the power supply. Ms. Peddicord stated that she can
only give him a rough estimate because again, it is based on consumption, that 3 cents are
per thousand kilowatt-hours. So without knowing particularly what everyone’s usage is,
she is going to say it is probably $10 million that the city is not receiving.
Responding to Mr. Hare, Ms. Peddicord stated that again, the collection and revenue are
coming from a PPA adjustment and that the PPA adjustment is to cover the increase in cost
and power supply, transmission, et cetera. In reviewing the details of the financial data and
where they have seen power supply costs go, from where they started at the beginning of
the fiscal year to current, she believes that the city has collected enough to cover the
expenses through the end of the fiscal year and also to include the reserve funds that they
are supposed to be utilizing.
Responding to Councilperson Arndt, Ms. Peddicord stated that as she had mentioned
during both of these presentations, she did have any historical action to follow. From what
they could gather, this PPA adjustment is something that internal management uses as a
mechanism to fluctuate or adjust from time to time. Not knowing the thoughts and concerns
of council and how they had done this in the past and then trying to move forward by not
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 22
necessarily having a vote. Ms. Peddicord noted that she is up for having a vote to approve it
or just having it as an informational piece.
Councilman Anderson stated that now to get back to something very important, the purpose
of the power. The city’s power purchase adjustment or the power credit adjustment is not to
raise revenue. The city has already set how much revenue they will get from the electric
fund. The purpose of it is to make sure that the city can purchase the power at the
prevailing cost. What they have done is they have locked in a lot of the cost by contract
already for the rest of this year. Council knows what most of the city’s costs are going to
be. They have also bought in as Ms. Peddicord has pointed out, something like $20 million
in excess revenues because since January the price has fallen tremendously. The city was
dealing with several months ago approximately 90 cents natural gas costs.
Mr. Anderson stated that the latest number he believes that he has seen, Ms. Peddicord can
correct him if he remembers it incorrectly, but it is in the $2 and some range. So therefore,
not returning when it went up, they told the people, "Hey, we are sorry but you have to help
us because our costs have gone up." When they go down, we cannot tell them, "Oh, now
we are just going to pocket the money." That is not what that is there for. If council wants
to adjust something, they will do that in the fiscal year when it comes to the rates. The
power purchase is solely for covering the fluctuations in power. When power costs
quadrupled, council had no choice. There have been easing and regulations, there has been
the opening of pipelines, and there have been a lot of factors that have happened nationally
and globally, which have increased the natural gas power supply, which has lowered those
particular costs.
In the last approximately six months, there was a lot of panic because of the war in
Ukraine, which helped cause price spikes. The city had to roll with that. Now that those
things have evened out, what the city has is the opportunity to say, “Hey, we should not
make people wait another three months before we give them their money back.” By the
way, according to the policies that council has passed, once the rate stabilization and other
funds get to a certain dollar level, the city is supposed to return some of that to the people.
Mr. Anderson stated that they are bound that the city is only allowed to carry a certain
number, a certain dollar amount of excess revenue in the funds, which they cannot use
those funds by the way, because they are locked up in those particular funds. So they are
locked up, so the city cannot use them for other projects anyway. Council cannot use them
to buy police cars and council cannot use them to go and give general fundraisers or
whatever because they are required for certain projects. They are locked in based upon
long, long adopted policies, a lot of which are incorporated in the city’s bonding and the
bond covenants, et cetera, and the city’s financial regulations.
Councilman Neil stated that the price of the power has gone down and as a result that the
city can cut the rate back just to move this surtax. Is that correct? It is just that it is down
and council is going back to what they are supposed to do.
Councilman Hare stated that he has said this for 20 years, “why do we have an electric
utility?” Everybody tells him that is the city’s cash cow. That is where they get money
when the city needs it. That is why the transfer to the general fund has gone up and up. So
what he is hearing tonight, is how the city is going to be in the hole millions of dollars
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 23
because of different things such as taking care of our employees. Now he is hearing, oh it is
all right. Mr. Hare stated that they will just reduce electric rates and then they are going to
be raising something else somewhere if they do not have the money.
Mr. Hare continued to state that the city does not want to bring in too much cash because
then they will not be able to charge in other areas to make up what they do not have. Mr.
Hare just does not think it is the right thing to do until they get the budget all squared away
and they know where they are. From what he has been hearing is that the city is going to be
in a big hole. So there are going to have to be some changes somewhere to make up for
what the city does not have.
Responding to Council President Sudler, Ms. Peddicord stated that yes, the PPA adjustment
factor is to cover fluctuations, the cost of fuel purchase power, and transmission values.
Again, the rate study adjusts the electric rates charged to residential, large commercials,
small commercial et cetera, which entails all of the costs to operate the electric utility. The
city is guided or based on policies that only allow them to keep reserves of a certain dollar
amount. Based on what they are seeing, if the city keeps accumulating this PPA for the
remainder of the year, they are going to have over and above what the reserved balance
should be for the rate stabilization fund.
Responding to Mr. Hare, Ms. Peddicord stated that the city does have a policy that
establishes the guidelines for the rate stabilization fund. She believes it currently states that
only a 10-million-dollar transfer to the general fund is allowed. Again, council can revisit
that policy and the verbiage.
Mr. Anderson moved to recommend the acceptance of the staff recommendation for
the Electric Purchased Power Adjustment (PPA) to $0.00 effective with the April 1,
2023 Billing Date through the end of the Fiscal Year. The motion was seconded by
Mr. Rocha and unanimously carried.
FIRST READING - PROPOSED ORDINANCE #2023-04- LANDS OF JIREH
CHRISTIAN CENTER, INC AT 2161 FORREST AVENUE
Council President Sudler reminded the public that copies of the proposed ordinance were
available at the entrance of the Council Chambers and also could be obtained from the City
Clerk's Office.
Responding to Mr. Rocha, Ms. Gray stated that yes, this would be a project in addition to
Leander Lakes. Ms. Gray stated that with any rezoning the uses, they can talk about
potential uses and the equitable owner is Leander Lakes Three. So she could surmise that
the proposal will ultimately be for apartment use. However, the list of uses, any use that is
allowed in that zoning district would be allowed. Ms. Gray stated that the density allowed
in the zoning district is eight dwellings per acre. Ms. Gray continued to state that in regards
to density, is taken on a per-parcel basis. Ms. Gray explained that the overall density is not
only controlled by the parcel but also by the comprehensive plan. So that is looked at when
the comprehensive plan, which was recently updated in 2019. So that is looked at overall
and in addition when the department and when DelDOT looks at traffic generation when
they talked about that the other day, they look at traffic generation per lot. They also take
into consideration the whole of the area as well.
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CITY COUNCIL MEETING OF MARCH 27, 2023 PAGE 24
By motion of Mr. Hare, seconded by Mr. Arndt, Council unanimously referred the
request to the Planning Commission and set a public hearing for April 17, 2023, at
6:30 p.m., as recommended by staff.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First
Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as
follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE
ZONING DESIGNATION OF PROPERTY LOCATED AT 2161 FOREST
AVENUE.
CITY MANAGER'S ANNOUNCEMENTS
City Manager Hugg asked the council to set aside some time fairly quickly for them to discuss
some of the options related to the wage study and its implementation. There are several proposals
that they can discuss based on revenues and they do need to get that piece of it nailed down.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen was absent.
COUNCIL MEMBERS' ANNOUNCEMENTS
Councilman Boggerty stated that he wanted to remind the public that the ARPA grants button is
live. If they wish to apply for ARPA funds, please do so by April 12th at 5:00 PM. Mr. Boggerty
urged everyone emphatically to read the instructions and follow them to a T.
Councilman Neil stated that April 5th at 6:00 PM starts with the first day of the Jewish Passover.
Happy Passover to all the members of the Jewish faith. Council has been talking about money
and the costs and everything that they have been dealing with regarding the wage study. This is
the time when members of the Jewish faith come in to sit down to eat and there is no bread in the
house. Everyone may have heard that joke before, but it starts eight days and he wishes
everybody a happy Passover.
Council President Sudler stated that April 4th will be the Director of Clerk's birthday. She will be
turning 21 and a half years old, and we want to wish her a happy birthday and enjoy.
The meeting adjourned at 7:54 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of March 27, 2023, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB