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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on September 25, 2023, at 6:31 p.m., with Council
President Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty, Dr.
Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Sudler, and Mr. Lewis. Mr. Neil was absent.
Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Ms. Gray, Fire Chief
David Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:21 p.m., prior to the 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.
There were no members of the public that wished to speak during the Open Forum.
INVOCATION
The invocation was given by Elder Ellis Louden
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Sudler.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Ms. Arndt, 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 requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Rocha moved for adoption of the consent agenda, seconded by Mr. Sudler, and carried
by a unanimous roll call vote.
PROCLAMATION - CYBERSECURITY AWARENESS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, with recent global breaches and geopolitical cyber-attacks on the rise, Governor John
Carney declared October as Cybersecurity Awareness Month to highlight the importance of
education for citizens and businesses in Delaware. With our current physical world intertwined
with the digital world, basic cyber awareness is no longer an option to fight off bad actors. The
disruption of access to financial, utility, or consumer services is no longer simply an
inconvenience, but a risk for an individual’s privacy to be exposed and identities stolen. As the
City of Dover, we must all be vigilant to protect our own and each other’s digital information; and
WHEREAS, the National Cyber Security Alliance’s 2023 Cybersecurity Awareness Month theme
is, “It’s Easy to Stay Safe Online” which encourages a risk-based approach and focuses on the
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behaviors that are most important to the person and organization; and
WHEREAS, STOP. THINK. CONNECT is a global online safety awareness campaign to help all
digital citizens stay safer and more secure online. STOP: Lock down your login by making sure
you have security measures in place. Information about you, such as your purchase history or
location, has value just like money. Be thoughtful about who gets that information and how it’s
collected through apps and websites. THINK: Own your online presence and think about the
consequences of your online actions by thinking before posting about yourself or others. Consider
what a post reveals, who might see it, and how it could be perceived now and in the future.
CONNECT: Keep a clean machine and enjoy the internet. Set the privacy and security settings on
web services and devices to your comfort level for information sharing; and
WHEREAS, Delaware’s DigiKnow Campaign is aimed at increasing the understanding of cyber
threats and empowering the public to be safer and more secure online. Awareness of computer
security essentials will improve the security of the City of Dover's information infrastructure and
economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim October 2023 as Cybersecurity Awareness Month in the City
of Dover and urge all citizens to learn about cybersecurity and put that knowledge into practice.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Larry
Josefowski, IT Director.
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living
in and visiting our city, and fire is a serious public safety concern both locally and nationally. The
National Fire Protection Association’s 2023 Fire Prevention Week theme is, “Cooking safety starts
with YOU! Pay attention to fire prevention”. The National Fire Protection Association (NFPA)
has been the official sponsor of Fire Prevention Week for more than 101 years. Fire Prevention
Week is the longest-running US public health observance on record; and
WHEREAS, this year’s focus is on cooking safety and educating the public about simple but
important steps that they can make to help reduce the risk of fire when cooking at home and
keeping themselves and those around them safe; and
WHEREAS, according to the NFPA, cooking is the leading cause of house fires, with nearly half
(49%) of all house fires involving cooking equipment; cooking is also the leading cause of injuries
occurring in house fires. Unattended cooking is the leading cause of cooking fires and related
deaths. In addition, NFPA data shows that cooking is the only major cause of fire that resulted in
more fires and fire deaths in 2014-2018 than in 1980-1984. These numbers tell us that more public
awareness is needed around when and where cooking hazards exist, along with ways to prevent
them. This year’s Fire Prevention Week campaign will work to promote tips, guidelines, and
recommendations that can help significantly reduce the risk of having a kitchen fire; and
WHEREAS, always keep a close eye on what you’re cooking. For foods with longer cooking
times, such as those that are simmering or baking, set a timer to help monitor them carefully. Clear
the cooking area of combustible items and keep anything away that can burn, such as dish towels,
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oven mitts, food packaging, and paper towels. Turn the pot handles toward the back of the stove.
Keep a lid nearby when cooking. If a small grease fire starts, slide the lid over the pan and turn off
the burner. Create a “kid and pet-free zone” of at least three feet (one meter) around the cooking
area and anywhere else hot food or drink is prepared or carried.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim October 2023 as Cybersecurity Awareness Month in the City
of Dover and urge all citizens to learn about cybersecurity and put that knowledge into practice.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Fire Chief
David Carey.
PROCLAMATION - COMMUNITY PLANNING MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover Planning and Inspection Department works to improve the well-
being of all people living in our community by taking a comprehensive perspective. This approach
leads to safer, more resilient, more equitable, and more prosperous communities. We celebrate the
role that Planning and Inspections play in creating a great community each October with National
Community Planning Month; and
WHEREAS, the City of Dover Planning and Inspection Department is more important than ever
as our community continues to navigate the disruptive changes brought about by the pandemic.
From economic development and transportation planning to reinventing what Dover looks like
post-COVID-19, this October shares how Planning and Inspections is leading the way forward for
our community; and
WHEREAS, the goal of Planning and Inspections is to maximize the health, safety, and economic
well-being of all people living in the City of Dover. This involves thinking about how we can
move around our community, how we can attract and retain thriving businesses, where we want to
live, and opportunities for recreation. Planning and Inspections help create communities of lasting
value.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 2023 as Community Planning Month in the City of
Dover and encourage all citizens to join me in recognizing the participation and dedication of the
staff of the City of Dover Department of Planning and Inspections, members of the City of Dover
Planning Commission, the valuable contributions made by other community and regional planners
and our partner agencies at the State and County levels. We extend our heartfelt thanks for the
continued commitment to public service by these professional and private citizens.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mrs. Mary
Ellen Gray, Director of Planning and Community Development, Councilperson Tricia K. Arndt,
and members of the planning department staff.
PROCLAMATION - HALLOWEEN TRICK-OR-TREAT
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the
observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts,
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witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends
and family door to door throughout the neighborhood to gather treats; and
WHEREAS, Children ages 12 and under may participate in Trick-or-Treating in small groups, ages
will be strictly enforced. Parents must accompany their children throughout their journeys in
celebrating Halloween Trick-or-Treat. Motorists are urged to drive with extra caution and to be ever
watchful of our youngsters making their rounds; and
WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping
their porch or exterior lights on and that youngsters call only on homes that are lit.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim that the Halloween Trick or Treat observance be held on
Tuesday, the 31st day of October 2023, between the hours of 6:00 p.m. and 8:00 p.m. in the City of
Dover and urge all residents, both young and old, to make this a happy and safe occasion for our
children.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Miss Liliana
Burgos.
PROCLAMATION – PUBLIC POWER WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, we, the citizens of the City of Dover, place a high value on local choices over
community services and therefore have chosen to operate a community-owned, not-for-profit
electric utility and, as customers and owners of our electric utility, have a direct say in utility
operations and policies; and
WHEREAS, the City of Dover Electric provides our homes, businesses, schools, social services,
and local government agencies with reliable, efficient, and safe electricity employing sound
business practices designed to ensure the best possible service at not-for-profit rates; and
WHEREAS, the City of Dover Electric is a valuable community asset that contributes to the well-
being of local citizens through energy efficiency, customer service, environmental protection,
economic development, safety awareness; and
WHEREAS, the City of Dover Electric is a dependable and trustworthy institution whose local
operations provide many consumer protections and continue to make our community a better place
to live, work, and play; and
WHEREAS, the City of Dover Electric will continue to work to bring low-cost, safe, reliable, and
sustainable electricity to community homes and businesses just as it has since 1899, the year when
the utility was created to serve all the citizens of the City of Dover, DE.
WHEREAS, the week of Oct. 1-7, be designated Public Power Week to recognize the people
behind public power at the City of Dover Electric for their contributions to the community and to
educate customer owners, policymakers, and employees on the benefits of public power.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
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st th
DELAWARE do hereby proclaim October 1 -7 , 2023, as Public Power Week in the City of
Dover and urge all residents to express their heartfelt appreciation to all the men and women who
so diligently serve to ensure that electrical power continues to flow to the homes and business of
this city.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Electric
Director, Paul Waddell, Shawn Burgett, and Chris Vinson.
PROCLAMATION – GFWC DELAWARE STEP-UP TO END HUNGER DAY OF
SERVICE
The City Clerk read the following Proclamation into the record:
WHEREAS, the General Federation of Women’s Club Delaware is a 126-year-old, 1,000-member
strong volunteer community service organization with 21 clubs in Delaware communities and is a
member of the state organization of the General Federation of Women’s Club (GFWC). GFWC
Delaware has long partnered with food insecurity organizations throughout Delaware to provide
meals, non-perishable food, and food kits for those with food insecurities, including veterans and
their families, the homeless, fire victims, transient citizens, and school students; and
WHEREAS, the GFWC is an international organization that has designated Saturday, September
30, 2023, as the GFWC National Day of Service for the state organizations and club members to
create awareness of the critical issue of food insecurities, hunger, and food safety within the United
States; and
WHEREAS, the GFWC’s Dover Century Club and Blue Hen Chicks share a mission “to enhance
the lives of others through volunteer services”; and
WHEREAS, the GFWC’s Dover Century Club and Blue Hen Chicks are sponsoring a food drive
to benefit The Salvation Army and the Disabled American Veterans.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim September 30, 2023, as GFWC Delaware Step Up to End
Hunger Day of Service in the City of Dover and urge all citizens to participate by donating non-
perishable food items on September 30, 2023, at 40 The Green, Dover, from 9 a.m. to 2 p.m.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Dr.
Pillsbury, Jerry Traver, Phyllis Milano, and Trish Rodriguez.
PROCLAMATION – NATIONAL HISPANIC AMERICAN HERITAGE MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, during National Hispanic Heritage Month, the U.S. government celebrates the
countless contributions of more than 60 million Hispanic Americans, according to the U.S. Census
Bureau. This makes up 18.9% of the total population. Hispanic Americans are the largest minority
group in the United States today, and generations of Hispanic Americans have consistently helped
make our country strong and prosperous. Hispanic Americans embody the best of our American
values, including commitment to faith, family, and country. The Hispanic American community has
left an indelible mark on our government, culture, and economy; and
WHEREAS, Latinas and Latinos have always held significant roles throughout the City of Dover's
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history, dating all the way back to the American Revolution. Representation matters. The
Hispanic/Latino community continues to shape our city as business owners, activists, artists, public
servants, leaders, educators, laborers, colleagues, friends, and much more in our community. From
serving in the U.S. military at the Dover Air Force Base, the City of Dover's Hispanic community
brings a rich cultural heritage representing many countries, ethnicities, and religious traditions with
contribute to the City of Dover's future; and
WHEREAS, the 2023 National Hispanic Heritage Month theme, “Driving Prosperity, Power, and
Progress in America” pays tribute to the immense economic and political strides Hispanics have
made in the City of Dover. Hispanic Heritage Month is an opportunity to shine a spotlight on the
unique voices and experiences of Hispanic/Latin City of Dover citizens and recognize their history,
journeys, and achievements.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim September 15 through October 15, 2023, as Hispanic Heritage
Month in the City of Dover and urge all citizens to be part of the celebration. Dive Deep into the
stories, save the flavors, and dance to the rhythms all month long.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Anthony
Velazquez.
PUBLIC HEARING – SALE AND DISPOSITION OF EXCESS REAL PROPERTY – 55
LOOCKERMAN STREET PLAZA
During their Regular meeting of August 14, 2023, members of Council approved the Legislative,
Finance, and Administration Committee’s recommendation of July 25, 2023, with regard to 55
Loockerman Street Plaza, as follows: 1. Determine that the property is excess property; 2.
Authorize the City Manager to convey the excess property in accordance with Chapter 2, Section
2-422 d – Standard Method of Disposition unless requested by the City Council to dispose in
accordance with Chapter 2, Section e – Exception to Standard Method of Disposition; and 3.
Authorize the City Manager’s office to negotiate the final sale prices. Notice of the public hearing
was properly advertised for this time and place.
Mr. David S. Hugg, III, City Manager, updated members of council on the status of 55 Loockerman
Street Plaza. Mr. Hugg explained that after the public hearing, they will consider the fourteen (14)
proposals that have been received for the renovation and sale of the property at 55 Loockerman
Street Plaza.
Responding to Mr. Sudler. Mr. Hugg explained that the public hearing requirements are for the ad
to be run at least once a week for two weeks in a local newspaper.
Responding to Mr. Lewis, Mr. Hugg confirmed that there were fourteen (14) bids placed by
individuals, firms, and businesses that toured the property, met with the broker, spoke to staff about
zoning and other issues, and submitted everything from a letter of intent to an actual multi-page
proposal. Mr. Hugg explained that the list has been narrowed down to three (3) or four (4) bids
that best meet the needs of the city that will be brought back before council.
Council President Hare declared the public hearing open.
Mr. Ennio Emanuel, Walker Road, stated that he is glad that the city is disposing of the building,
and it will be a great asset to the community. He further stated that he hopes that it is going to have
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over 400 people every weekend. He stated that 400 people, on average, attend their church every
Sunday.
Mr. Ed Perez, 88 Dorothy Lane, stated that he attends Maranatha Church and used to work as part
of the Economic Development team for the City of Dover. He stated that he knows the building
and the area well. Mr. Perez stated he is in favor of the proposal as part of the redevelopment of
the downtown.
Ms. Sue Harris, 241 Pine Street, stated that she has concerns because the public is only going to
have input on the three (3) that have been chosen out of fourteen (14).
Mr. Sudler inquired about whether there has been a discrepancy or just some questions about the
process and whether the public should be involved in the selection process in regard to the criteria
used and whether it is standard or optional.
Responding to Mr. Sudler, Mr. Hugg explained that the code provides several options for the
disposal of surplus properties, one of which requires a public hearing to receive citizen input. Mr.
Hugg further explained that this is not something that is typically done in the sense that they have
requested proposals from a variety of people, there were no restrictions on who could ask to see
the building, make a proposal, or talk to the broker of record. Mr. Hugg stated it was a totally
open process for anybody who was interested, whether they lived in the city or not, whether they
were a local business or not if they were interested.
Responding to Mr. Sudler, Mr. Hugg explained that typically the sales of properties in the city are
either relatively small parcels, like those on the CCW agenda tomorrow night, or there are parcels,
such as in the Garrison Oak Business Park where we are working through a broker selling a
property to someone for a specific purpose. Mr. Hugg stated that when he comes back to council,
hopefully at the next council meeting, he will give a quick summary of all the proposals and then
specifically focus on the proposal that they are recommending and the criteria that were used,
including value, time, number of jobs, tax revenue, etc.
Responding to Mr. Sudler, Mr. Hugg explained that this is an unusual opportunity for the city to
sell a piece of property for redevelopment purposes and that there is no specific requirement in the
code except if we choose to sell through public sale. Mr. Hugg explained it is difficult because
some people will show up supporting a proposal they submitted as one of the applicants, and that
can get complicated.
Responding to Mr. Hare, Mr. Hugg explained that it is the pleasure of council whether there will
be an opportunity for the public to speak at the next meeting. Mr. Hugg stated that there is nothing
that states a public hearing is required, however, it will be a public presentation, and council can
allow anyone to speak.
Mr. Sudler moved to reaffirm the authorization given to the City Manager to convey the
excess property in accordance with Chapter 2, Section 2-422 d – Standard Method of
Disposition and to authorize the City Manager’s office to negotiate a final price. The motion
was seconded by Mr. Lewis and carried unanimously.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 23, 2023
The Minutes of the Special Council Meeting of August 23, 2023, were unanimously approved
by motion of Mr. Rocha, seconded by Mr. Sudler, and bore the written approval of Mayor
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Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF SEPTEMBER 11, 2023
The Minutes of the Special Council Meeting of September 11, 2023, were unanimously
approved by motion of Mr. Rocha, seconded by Mr. Sudler, and bore the written approval
of Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 11, 2023
The Minutes of the Regular Council Meeting of September 11, 2023, were unanimously
approved by motion of Mr. Rocha, seconded by Mr. Sudler, and bore the written approval
of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE - SEPTEMBER 12, 2023
The Council Committee of the Whole met on September 12, 2023, at 6:07 p.m.
with Council President Hare presiding. Members of Council present were Mr.
Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha,
and Mr. Sudler (arrived at 6:10 p.m.). Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Mr. Iriowen (Utility),
Mr. Shevock (via WebEx), and Ms. Smith (Legislative, Finance, and
Administration). Mr. Pugh (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.
GIS Utility Network Wastewater Upgrade – Sole Source Vendor (Jason Lyon,
Water/Wastewater Director)
Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and
analysis of the GIS Utility Network Wastewater Upgrade.
Staff recommended awarding the contract to Environmental Systems Research
Institute, Inc. (ESRI), for the GIS Utility Network Wastewater Upgrade, for the
amount of $138,700.)
Responding to Mr. Boggerty, Mr. Lyon stated that ESRI has proprietary rights over
the infrastructure that is used for the GIS platform. The City of Dover has been
working with ESRI for many years, but Mr. Lyon stated that he is not sure when
the agreement with them started. Mr. Lyon stated that he could research when the
initial agreement with ESRI may have started.
Ms. Arndt stated that she has worked with ESRI in the past, and they are known as
the go-to as far as GIS platforms.
Dr. Iriowen stated that he uses the ESRI platform with his graduate students, and
they are very good to work with.
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Mr. Neil moved to recommend approval of the staff’s recommendation. The
motion was seconded by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing
no objections the meeting adjourned at 7:02 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 Dr. Pillsbury, and
unanimously carried.
Authorization to Purchase – Replacement of Squad 2 (Chief David Carey,
Dover Fire Department)
Chief David Carey, Dover Fire Department, reviewed the background and analysis
regarding the Authorization to Purchase – Replacement of Squad 2.
Staff recommended approving the purchase of a Squad 2 replacement.
Responding to Mr. Sudler, Ms. Peddicord stated that Chief Carey, the City
Manager, and she had met to discuss the financing options. Ms. Peddicord stated
that they are looking to save the city as much money as possible, while still getting
the equipment that is needed.
Responding to Mr. Lewis, Chief Carey stated that the current truck is put up for
sale and sold to the highest bidder. The money collected from the sale is then used
to equip the new truck. For example, Engine 1, was bought almost two years ago,
and the equipment for it cost $97,000. The truck that it replaced was sold for
$75,000, so $22,000 of the equipment money came from the fire company’s funds.
Those funds are received through grants and aid from the state, county
appropriation, and fund drives.
Responding to Ms. Smith, Chief Carey stated that at the last meeting, it was
approved to replace the truck that is on the current fiscal budget and would be
delivered in 28 months. Chief Carey stated that the truck being presented now
would be replaced in three years but by signing the contract now it will save the
city $336,000.
Responding to Ms. Arndt, Chief Carey stated that if the purchase of Squad 2 is
approved the next truck would not be purchased until 2029.
Responding to Mr. Sudler, Chief Carey stated that signing the contract only
guarantees the price and does not affect the parts. Chief Carey stated that there will
be a redesign in 2025 for emissions. There is a change in the engines and what the
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EPA is requiring for emissions, however, the two trucks will fall into that so the
price increase will not change the cost of the trucks.
Mr. Sudler moved to recommend authorizing the purchase of Squad 2, as
recommended by staff. The motion was seconded by Mr. Lewis and
unanimously carried.
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote.
Evaluation of Bids – Street Program FY2023C (Jason Lyon,
Water/Wastewater Director)
Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and
analysis of the Evaluation of Bids – Street Program FY2023C.
Staff recommended awarding the contract to Grassbusters Landscaping Co., Inc.
for the City of Dover FY2023C Street and Alley Program, Bid #23-0020PW, for
the amount of $933,294.
Responding to Mr. Sudler, Mr. Lyon stated that for clarification, Mr. Wolfgang is
in the Central Services department, and they do the bids for the entire city. Mr.
Lyon stated that on the website there is a big button called Purchasing. When you
click on that you will see Open Bids/RFPS, and as a contractor or vendor, you can
see what is available. Furthermore, you can click on the other button called Closed
Bids/RFPS and see who was awarded the bid and who submitted bids on projects
for the last three years.
Ms. Smith stated that she would like to recommend that the city have an orientation
for vendors to understand the process of bidding with the city. Ms. Smith stated that
maybe that would help with getting the word out and understanding what the
process is all about.
Mr. Bobby Wilson, 32 West Loockerman Street, Suite 101D, stated that there needs
to be a mandatory pre-bid meeting. Mr. Wilson stated that using the website will
only provide information about the contractor who was selected. Mr. Wilson stated
that by holding a mandatory pre-bid meeting, they can build relationships with the
different contractors and keep the business in Dover. Mr. Wilson stated that the
larger contractors can hire the smaller contractors and provide people in the city
with employment.
Responding to Ms. Smith, Mr. Anderson stated that she was correct and that it
depends on whether the company has the capacity to handle the project themselves.
Most contractors have a number of subcontractors because most companies in a
larger contract do not handle everything alone. Mr. Anderson stated that Mr. Wilson
is right and that there is a way to encourage looking at local employment for a
percentage of that. Mr. Anderson stated that it is complicated because the
taxpayer’s money must be safeguarded in the best deal on one side while looking
at the local community and making sure that people get jobs and advance their small
businesses on the other side.
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Mr. Neil moved to recommend the use of Grassbusters Landscaping, as
recommended by staff. The motion was seconded by Dr. Pillsbury and
unanimously carried.
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote.
Proposed Ordinance #2023-10 – Amending Chapter 114 – Vegetation, Article
II – Weeds (Mary Ellen Gray, Planning and Community Development
Director)
Ms. Mary Ellen Gray, Director of Planning and Community Development reviewed
the background and analysis of the Proposed Ordinance #2023-10.
Staff recommended amending the code as requested.
Responding to Mr. Rocha, Ms. Gray stated that if the ordinance was implemented
then there would be an additional two-day grace period to the violation process.
Ms. Gray stated that they would have two days to mow the grass and if they did not
then the summons part of the ordinance would start and that would be a seven-day
period. They would then have seven days to mow the grass and if they did not then
the vendor would mow the grass. The City of Dover’s cost is based on the State of
Delaware’s contracted vendor.
Responding to Mr. Rocha, Eddie Kopp, Chief Code Enforcement Officer stated that
the previous amount for grass-cutting services was $50 an hour.
Responding to Mr. Rocha, Mr. Kopp stated that the vendor, due to the cost of
everything going up, raised the fees earlier in the year to $65 an hour, and that
vendor is Priority Services. Priority Services is the same vendor contracted through
the State which is why code enforcement uses them.
Responding to Mr. Rocha, Mr. Kopp stated that it is reflected in the new ordinance,
the language used in Appendix F is a minimum of $50.
Responding to Mr. Rocha, Mr. Kopp stated that it is trespassing if code enforcement
were to walk onto a property for any reason to obtain a violation. Mr. Kopp stated
with the new door hanger, is an eight-inch ruler which the constituent can use to
measure their own grass and then contact code enforcement to challenge their
decision. If that person contacts code enforcement, they can then go out and see
what height the grass measures at without trespassing.
Responding to Mr. Rocha, Mr. Kopp stated that code enforcement takes the
violation picture from the public right of way. As long as code enforcement is
posting the property and not obtaining any violation or any further violations, then
they are not trespassing.
Responding to Mr. Sudler, Mr. Kopp stated that the door hanger would be placed
on the property’s door as the first warning, giving the owner 48 hours to cut the
grass. If the grass is not cut in 48 hours, then the first citation will be sent via
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certified mail. When the owner has failed to cut the grass and the final citations
have been issued, code enforcement waits seven days from the green receipt of
mailing that is stamped with the postmark from the United States Postal Service to
schedule the grass to be cut.
Mr. Sudler stated that he would like to see code enforcement send out a mailer with
the electric bill giving constituents a 60-day notice of the ordinance change.
Responding to Mr. Sudler, Mr. Kopp stated that the door hanger will have the date
and time that the violation was observed as well as a follow-up date, time, and the
inspector’s information.
Responding to Mr. Sudler, Mr. Kopp stated that the contractor gives a set price at
the beginning of the year for the entire year. The only time the rate would be higher
would be in the event that a property is a few acres, and the contractor has to spend
several hours cutting it. Then they may bill the city at the rate times how many
hours spent cutting the property.
Mr. Rocha recommended that it be included on the door hanger that if someone has
an extenuating circumstance, they are to reach out to code enforcement and
communicate with them.
Ms. Arndt stated that by adding the verbiage that the cost be tied to the contracted
rate, it might be considered to add a percentage of an administrative fee to cover
the cost of distributing the door hanger, distributing the violation, and any of the
other related paperwork. The administrative fee would allow the city to recoup
some of the cost associated with the staff’s time as well as the fee to mow the lawn.
Responding to Ms. Gray, Mayor Christiansen stated that the language should state
the city’s contracted rate.
Mr. Neil moved to replace the language to say, at the city’s contracted rate. The
motion was seconded by Mr. Rocha.
Responding to Ms. Arndt, Ms. Gray stated that she would have to review the code
as well as check with the City Solicitor.
Mr. Neil moved to recommend replacing the language at the city’s contracted
rate. The motion was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote.
Mr. Sudler moved to give constituents a 60-day notice of the amendment to the
ordinance via the electric bill and other means deemed appropriate by the City
Manager. The motion was seconded by Mr. Rocha and carried with Ms. Arndt
voting no.
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote.
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Actuary Services Contract – Pension(s) and Other Post-Employment Benefits
(OPEB) (Lori Peddicord, Controller/Treasurer)
Ms. Lori Peddicord, Controller/Treasure reviewed the background and analysis of
the Actuary Services Contract.
Staff recommended awarding a five-year contract, the first year of work is to occur
beginning FY24, to Bolton for valuation services totaling $108,100 as quoted in
their response to the City of Dover RFP#23-0017FN – Pension and Other Post-
Employment Benefits (OPEB) Actuarial Services and Benefit Consulting.)
Mr. Hare moved to recommend awarding the contract to Bolton, as
recommended by staff. The motion was seconded by Mr. Sudler and
unanimously carried.
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and carried by a unanimous roll call vote.
Proposed Ordinance #2023-09 – Project Carry-Forward Budget
Balances/Proposed Budget Amendments (Lori Peddicord,
Controller/Treasurer)
Ms. Lori Peddicord, Controller/Treasure reviewed the background and analysis of
the Proposed Ordinance #2023-09.
Staff recommended approval of the proposed budget amendments totaling
$37,845,241 for Fiscal Year 2024 and adoption of Proposed Ordinance #2023-09.
Mr. Hare moved to recommend approval of the proposed budget amendments,
as recommended by staff. The motion was seconded by Mr. Rocha and carried
by a roll call vote of ten (10) yes and one (1) absent (Neil).
By consent agenda, Mr. Rocha moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler 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 7:30 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 7:30 p.m.
By consent agenda, Mr. Rocha moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Sudler and carried by a unanimous roll call vote.
APPOINTMENTS/REAPPOINTMENTS – RECOMMENDED BY THE COUNCIL
PRESIDENT HARE – DOVER HUMAN RELATIONS COMMISSION – THREE-YEAR
TERMS TO EXPIRE FEBRUARY 2026
Paul Fleming – First District
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023
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Joseph C. Simmons – First District
Alan Gaddis – Third District
Wanda Mullen – Third District
By consent agenda, Mr. Rocha moved for approval of the following reappointments to the
Dover Human Relations Commission. The motion was seconded by Mr. Sudler and carried
by a unanimous roll call vote.
BUY-OUT OF GARRISON ENERGY CENTER LLC LEASE - LOT 7 GARRISON OAK
Mr. Hugg, City Manager, reviewed the background regarding the buy-out of the Garrison Energy
Center LLC lease. Mr. Hugg explained that it is complicated due to the nature of the original lease.
Mr. Hugg stated that the city has been actively marketing the lots at the Garrison Oak Business
Park. He further stated that they have sold and recorded lots # 11, 8, and 3 and hope to go to
settlement next month.
Mr. Hugg explained that back in August 2021, the City of Dover entered into a lease with Garrison
Energy Center. The lease involves approximately 36 acres of land. Lot seven (7) is one of two very
large lots at the back of the park that the city has retained the title to. The lease involves a base
payment plus an indexed adjustment based on the cost of living, and an index adjustment based on
what they call a convenience fee. Mr. Hugg explained that this generated a little over $40,000 in
actual revenue over the last year.
Mr. Anderson moved to authorize the City Manager to enter into buyout negotiations as part
of the sale of Lots 5, 6, and 7. The motion was seconded by Mr. Lewis and carried
unanimously. (Mr. Neil absent)
FIRST READING - PROPOSED ORDINANCE #2023-09
Council President Hare reminded the public that copies of the proposed ordinance were at the
entrance of the Council Chambers, on the City’s website at www.cityofdover.com under
“Government” or by contacting the City Clerk’s Office at (302) 736-7008 or
cityclerk@dover.de.us Final action by Council on the proposed ordinance will take place on the
Council Meeting of October 9, 2023.
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 #2023-09 PROJECT CARRY-FORWARD BUDGET
BALANCES/PROPOSED BUDGET AMENDMENTS
FINAL READING - PROPOSED ORDINANCE #2023-06
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
September 11, 2023. 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.”
Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. and unanimously carried. (The First Reading of the proposed ordinance
was accomplished during the Council Meeting of September 11, 2023.)
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023
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By motion of Mr. Lewis, seconded by Mr. Rocha, Council, by a unanimous roll call vote (Neil
absent), adopted Ordinance #2023-06, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 106 – TRAFFIC AND VEHICLES, Article I – IN GENERAL, be amended by
inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as
follows:
Section 106-17 – Truck routes.
(a) Except as hereinafter provided, no commercial vehicle having three or more axles shall be
operated on any street in the city except on a “truck route”.
(b) The following roads are designated as “truck routes” within the city:
(1) U.S. Route 13;
(2) Bay Road;
(3) Governors Avenue;
(4) Saulsbury Road;
(5) Dover-Kenton Road;
(6) Persimmon Tree Lane;
(7) Delaware Route 1;
(8) Scarborough Road;
(9) McKee Road;
(10) South Little Creek Road;
(11) Leipsic Road;
(12) Denny’s Road
(13) Delaware Route 8;
(14) North Street (from Mifflin Road to South Governors Avenue);
(15) POW/MIA Parkway;
(16) White Oak Road;
(17) Hazlettville Road;
(c) This section shall not apply to any commercial vehicles with three or more axles:
(1) Making a local delivery to or a pickup from a place in the city incapable of being
directly accessed from a designated “truck route”. The driver must have available
proof of intended place of delivery or pickup and:
a. If entering the city limits, the driver shall use the most direct practical route
from a designated truck route to and from the delivery or pickup, and
b.If originating from within the city limits, the driver shall use the most direct
practical route to and from the place of delivery or pickup within the city
and/or the most direct practical route to a designated “truck route” if going
outside the city limits.
(2) Owned by or leased to the city or any volunteer fire company or emergency
response organization when engaged in official business, including, by way of
example, those vehicles of any fire department or any police department or agency,
or to any town or state public works department or agency.
(3) Owned by, leased to, or operated by any public utility company (or its
subcontractor) while engaged in public utility operations.
(4) Garbage and solid waste haulers in the course of their business operations.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023
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(5) Operated on any city street officially designated as a detour route where such
vehicle could otherwise be lawfully operated upon the street for which such detour
is established.
ADOPTED: September 25, 2023
FINAL READING - PROPOSED ORDINANCE #2023-07
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
September 11, 2023. 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.”
Responding to Mr. Lewis, Mr. Anderson explained that for example with the Dover Human
Relations Commission, council specifically decided in the code that it shall not be for
compensation. Mr. Anderson stated that he is open to the discussion of paying all committee
members, as that could help with recruitment. Mr. Anderson further explained that the other
committees that are not compensated are those that don’t meet on a regular basis. Mr. Anderson
stated if a committee meets quarterly or less, they are not compensated and if a committee meets
more than quarterly, then the committee receives compensation.
Mr. Anderson explained that the Construction and Property Board Maintenance Board of Appeals
meets almost monthly and should be treated the same as the other monthly committees, such as
Board of Adjustment, Planning Commission, and council committees. Mr. Anderson stated that
he feels it should be discussed separately because part of the discussion is whether it should only
meet quarterly, and they set it quarterly. He further explained that historically they have had a
number of special meetings.
Mr. Lewis explained that he cannot support this ordinance as proposed, due to the feeling that it is
contradictory and prejudicial.
Responding to Mr. Lewis, Mr. Anderson stated there is a difference in the code between the
advisory committees and council/mayoral appointed committees and this amendment addresses a
council appointed committee. Mr. Anderson explained that this ordinance is narrowly tailored to
correct two oversights in the code.
Mr. Rocha moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Mr. Boggerty, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting of September 11, 2023.)
By motion of Mr. Anderson, seconded by Mr. Rocha, Council, by roll call vote of six (6) yes
(Anderson, Boggerty, Pillsbury, Arndt, Rocha, and Hare), two (2) no (Sudler and Lewis),
and one (1) absent (Neil), adopted Ordinance #2023-07, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 2 – Administration, Article II - City Council, Section 2-201 - Compensation and
expenses for mayor, council, and other elected or appointed officials be amended to read as follows:
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023
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Sec. 2-201. - Compensation and expenses for mayor, council, and other elected or appointed
officials.
(a) Fees established. In accordance with section 12 of the Charter, authorizing the council to
establish compensation and expenses for the mayor, council members, and other elected or
appointed officials, the following fees are hereby established:
(1) Mayor. The mayor shall receive an annual salary of $52,000.00 (FY 2023). In
addition, the mayor shall receive an expense allotment of up to $5,000.00, to be included in
the city's annual budget for miscellaneous expenses, to be reimbursed upon submission of
receipts or proper documentation. Expenses in excess of this amount shall only be permitted
by council approval. The mayor shall be entitled to all benefits customary to an employee of
the city, except pension benefits, and sick and vacation leave.
(2) Council members generally. Each council member shall receive an annual salary of
18,000.00 (FY 2023). The council president shall receive an annual salary of $23,000.00
(FY 2023). Council members shall receive reimbursement for actual and necessary expenses
incurred when on official business as prescribed by ordinance or policy.
(3) Board of assessment appeals. Each appointed member of the board sitting to hear
appeals from the municipal assessment shall receive $75.00 per diem reimbursement
for expenses for the preparation and attendance at each meeting of the board of assessment
appeals.
(4) Nonemployee election officers. Each person, not a city employee, appointed to serve as
an election judge for any municipal election shall receive an amount set by city council for per
diem reimbursement for each election attended. Each person chosen to serve as a clerical assistant
for any municipal election shall receive an amount set by city council for per diem reimbursement
for each election attended.
(5) Employee election officers. Employees of the city appointed to serve as election
judges or officials for any municipal election shall receive an amount set by city council for
per diem reimbursement for expenses for each municipal election attended in addition to their
regular salary.
(6) Appointee to council committee. Each appointed member to any city council
committee, not serving an elected term to any city office, shall receive $75.00 for preparation
and attendance at each committee meeting to which the member is appointed.
(7) Employee on council committee. Any city employee appointed to a council
committee shall receive $25.00 for reimbursement for expenses per diem for each meeting
attended, which is held after 5:00 p.m. on a scheduled workday or at any time on a weekend
or city-approved holiday.
(8) Planning commission. Each appointed member of the planning commission shall receive
$100.00 per diem reimbursement for expenses to be paid monthly for preparation and
attendance at each meeting of the planning commission.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023
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(9) Board of adjustment. Each appointed member of the board of adjustment shall receive
$75.00 per diem reimbursement for expenses to be paid monthly for preparation and
attendance at each meeting of the board of adjustment.
(10) Construction and property maintenance code board of appeals. Each appointed member of
the construction and property maintenance code board of appeals shall receive $75.00 per diem
reimbursement for preparation and attendance at each meeting of the construction and property
maintenance code board of appeals.
(Code 1981, § 2-70; Ord. of 9-14-1987; Ord. of 8-27-1990; Ord. of 11-26-1990, § 1; Ord. of 1-11-
1993; 45 Ord. of 6-27-1994; Ord. of 2-24-1997(2); Ord. of 1-10-2000; Ord. of 10-9-2000; Ord. of
1-22-2001; Ord. 46 of 6-24-2002; Ord. of 6-25-2007; Ord. No. 2009-16, 7-27-2009; Ord. No.
2009-23, 10-26-2009; Ord. No. 47 2009-17, 11-9-2009; Ord. No. 2017-09, 8-14-2017; Ord. No.
2019-18, 9-9-2019)
ADOPTED: September 25, 2023
CITY MANAGER'S ANNOUNCEMENTS
City Manager Hugg announced that Mary Ellen Gray, Planning and Community Development
Director, has submitted her resignation from the City of Dover. Mr. Hugg stated that he would never
stand in the way of someone advancing their career. Mr. Hugg stated that he has known Ms. Gray
for a lot of years. He further explained that she is an outstanding planner and a perfectionist, and she
clearly understands her role. Mr. Hugg explained that she has accomplished a lot in her short time
here, including working on making our ordinances modern, contemporary, and flexible so that when
issues arise, the city is not bound by old language and old thinking. Mr. Hugg expressed his
appreciation for Ms. Gray and let her know how much he is going to miss her.
MAYOR’S ANNOUNCEMENTS
No announcements.
COUNCIL MEMBERS' ANNOUNCEMENTS
Ms. Arndt stated that Ms. Gray has moved the planning profession forward not just in the City of
Dover, but in the state. Ms. Arndt further stated that Ms. Gray is recognized as being one of the
best planners, and she appreciates her service.
Mr. Anderson thanked Ms. Gray for her service to the city and wished her the best. He explained
that it has been good working with her, and he appreciates her innovation, and intellect, and stated
that she is going to do well wherever she is. Mr. Anderson then stated that there has been a lot of
contact regarding two (2) items on the September 26, 2023, Council Committee of the Whole
agenda. The first item is property disposition, and the second are next steps with the Delaware
Marijuana Control Act. Mr. Anderson further explained that members of the community can attend
in person, or they can submit comments in writing to cityclerk@dover.de.us to become part of the
permanent record.
Council President Hare asked that members of council consider canceling the second meeting in
November due to people going away for the holiday weekend. Mr. Hare stated that it will be
decided at a later meeting. Mr. Hare also stated that you never realize how old you are until you
realize that you were flying KC 135 missions in Vietnam when Councilman Sudler was born. He
further explained that Councilman Sudler will turn fifty on Wednesday, September 28, 2023.
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CITY COUNCIL MEETING OF SEPTEMBER 25, 2023
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Mr. Lewis wished Mr. Sudler a happy birthday.
Everyone sang Happy Birthday to Mr. Sudler.
Mr. Hare moved for adjournment of the Regular Council meeting, hearing no objection, the
meeting adjourned at 8:09 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 25, 2023, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/ALB