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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, October 28, 2024 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PAPERLESS PACKET HAVE BEEN REVISED TO ADD AGENDA
ITEM #5 UPDATE FROM MAYOR CHRISTIANSEN AND CHIEF JOHNSON.
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/lta47e
Event number: 2538 504 3061
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Council President Anderson
ADOPTION OF AGENDA
ADOPTION OF CONSENT AGENDA
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REGULAR CITY COUNCIL MEETING - October 28, 2024 PAGE 2
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.
PROCLAMATIONS
1. Geographic Information Systems (GIS) Day and Geography Awareness Week
PRESENTATIONS
2. Dover Library Foundation Update - (Tony DePrima, Library Foundation Director)
3. Recognition of 911 Dispatchers from the Dover Police Department (Mayor Robin R.
Christiansen and Councilman Fred Neil)
4. The People's Community Center (Pastor Derek Hodge, People's Church of Dover UCC)
5. Update from Mayor Christiansen and Chief Thomas Johnson
CONSENT AGENDA
ADOPTION OF MINUTES
6. Regular City Council Meeting of October 14, 2024
COMMITTEE REPORTS
7. Economic Development Committee Report - November 14, 2023
8. Council Committee of the Whole Report of October 15, 2024
Council Reports - August 2024
9. First District
10. Second District
11. Third District
12. Fourth District
13. At-Large
14. Council President Anderson
CCW Presentation
15. Discussion - Dream Association and Field of Dreams Football Program within the
City of Dover (La Mar Gunn, Dream Association Founder)
(Committee Action Not Required)
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REGULAR CITY COUNCIL MEETING - October 28, 2024 PAGE 3
Parks, Recreation, and Community Enhancement Committee
16. Introduction of New Parks and Recreation Director - Roger Ridgeway
(Committee Action Not Required)
Utility Committee
17. Update to the City of Dover Wastewater Master Plan (Jason Lyon,
Water/Wastewater Director)
(Committee Recommendation: Acceptance of the Wastewater Master Plan and utilize
it as a guide for the future of the wastewater utility.)
18. Lead and Copper Rule Outreach Requirements (Jason Lyon, Water/Wastewater
Director, and Kate Mills, Water Production Manager)
(Committee Recommendation: The item is informational for the Council Committee
of the Whole Committee. Staff will deliver the regulatory required information to
water customers.)
Legislative, Finance, and Administration Committee
19. Discussion - Chapter 30 - Standards of Ethical Conduct and Ethics Commission
(Nicholas Rodriguez, City Solicitor)
(Committee Recommendation: Instruct staff to draft appropriate ordinance
amendments to reform the Ethics Commission process.)
20. Recreational Marijuana Land Uses and Related Zoning Regulations (David S. Hugg,
III, City Manager, Sharon Duca, Assistant City Manager, and Ann Marie
Townshend, Rossi Group)
(Committee Recommendation: That City Council provide direction to staff on their
selected path forward to meet the proposed timetable.)
QUARTERLY REPORTS
21. Quarterly Revenue Report as of September 30, 2024
(Staff Recommendation: Acceptance of the Quarterly Revenue Report.)
22. Quarterly Review - Capital Investment Plan (CIP) (July, August, September)
(Staff Recommendation: Acceptance of the Capital Investment Plan (CIP) Report.)
SEMI-ANNUAL REPORTS
23. Semi-Annual Inspection by City Manager - Robbins Hose Company
(Staff Recommendation: Acceptance of the Semi-Annual Inspection Report)
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APPOINTMENTS
24. Appointment of Controller/Treasurer
ITEMS NOT ON THE CONSENT AGENDA
25. Villages of Maple Dale (Updated Phase 3) Planned Neighborhood Design (PND) Senior
Citizen Housing - Sketch Plan Review
(Staff Recommends that City Council determine that Villages of Maple Dale (Updated
Phase 3): Planned Neighborhood Design - Senior Citizen Housing Option is of such a
Design and Type that warrants Further Review by the Planning Commission. Staff Further
Recommends that City Council Refer the Proposal to the Planning Commission for Further
Review. Planning Reference: MI 24-08)
26. Sale and Disposition of Excess Real Property - Adjacent to 600 Forest Street - Parcel ID:
ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager)
(Staff Recommendation: Approve sale of surplus property to adjacent property owner.)
ORDINANCES
FIRST READING REFERRAL - The First Reading is offered on the Proposed Ordinance. It is
recommended for referral to the Planning Commission for a public hearing on NOVEMBER 18,
2024 and that a Public Hearing before City Council be set for DECEMBER 09, 2024 at 6:30 p.m., at
which time the Final Reading and Council action will take place. The ordinance is available at the
entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government,"
or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
27. Proposed Ordinance #2024-29 - Amending Appendix B- Zoning, Article 3 - District
Regulations, Sec. 19 - Manufacturing Zone (M), Sec. 20 - Industrial Manufacturing Zone
(IPM), Sec. 23 - Agricultural Zone (A), Article 5 - Supplementary Regulations, Sec. 24 -
Marijuana Related Businesses, Article 12 - Definitions (Formerly Proposed Ordinance
#2024-25A - Recreational Marijuana Land Use and Zoning: Cultivation, Manufacturing, and
Testing Facilities)
28. Proposed Ordinance #2024-30 - Amending Appendix B- Zoning, Article 3 - District
Regulations, Sec. 16 - Highway Commercial Zone (C-4), Article 5 - Supplementary
Regulations, Sec. 24 - Marijuana Related Businesses, Article 12 - Definitions (Formerly
Proposed Ordinance #2024-25B - Recreational Marijuana Land Uses and Zoning: Retail
Marijuana Stores)
FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by
Council will take place during the Second Reading on DECEMBER 09, 2024. The ordinance is
available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
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29. Proposed Ordinance #2024-24 - Amending Chapter 26 Businesses, Article II - Licenses,
Sec. 26-31. - Definitions, and Appendix F - Fees and Fines, Chapter 26 (Formerly Proposed
Ordinance #2024-24A - Recreational Marijuana Business Licenses: Cultivation,
Manufacturing, and Testing Facilities)
30. Proposed Ordinance #2024-25 - Amending Chapter 26 Businesses, Article II - Licenses,
Sec. 26-31. - Definitions, and Appendix F - Fees and Fines, Chapter 26 (Formerly Proposed
Ordinance #2024-24B - Recreational Marijuana Business Licenses: Compassion Centers,
Retail Marijuana Stores)
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #6.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on October 14, 2024, at 7:18 p.m. with Council
President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Dr. Sudler, Mr. Rocha, and Mr. Lewis.
Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Marney, Ms. Melson-
Williams, Fire Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also
present.
OPEN FORUM
The Open Forum was held at 6:33 p.m., prior to commencement of the Official Council Meeting.
Council President Anderson declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Pastor Sheila Lomax of Holy Trinity Church expressed frustration with the ongoing excuses and
emphasized the need for tangible results. She asked what could be done collaboratively and
inquired about the specific responsibilities of the city and the police, stressing that these duties
should not fall solely on the church. Pastor Lomax pointed out that the church cannot fulfill the
city’s obligations, just as the city cannot take on the church’s role. She further asked for clarity
on where things currently stand and how the city and police plan to assist. Pastor Lomax
underscored the importance of collective effort, noting that solving these challenges requires
more than one person. She urged everyone to come together, stop making excuses, and take the
necessary actions to move forward.
Dr. Sudler requested more clarity on the process to ensure constituents understand exactly what
to expect, acknowledging that this is a new procedure. He apologized for the complications they
are currently facing and expressed confidence that Mayor Christiansen and the Chief of Police
would be able to provide the necessary answers. Dr. Sudler emphasized his desire to stay
informed and assured everyone that he, Mr. Anderson, and Mr. Boggerty, are committed to
assisting and working together as a team to get the job done. He also pointed out a distinction
between what can be done from a charter perspective and what can be done in practice under the
charter, highlighting the need for clarity on these limitations.
For the record, Mr. Boggerty clarified that he has had multiple conversations, including with the
presiding Bishop of the Reformation, regarding the building and the efforts being made to
address code enforcement issues.
Pastor Leroy Bradshaw, Brotherhood/Sisterhood Team of Ministry, stated that the crime would
still be there. They cannot blame the police or the people. He said that until they can start
working as one, they will continue to have problems. They will never get rid of the homeless,
they will always have the homeless. Pastor Bradshaw explained that they need to find resources
to help the people. He is for the people and prayed that they are not blaming the church.
Mr. EShed Alston, 406 Arnold Court, Dover, stated that he wanted to talk about the upcoming
election. Mr. Aston stated that to his knowledge up to 40% of the citizens do not vote every year,
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not even in a presidential year. He has been working on trying to get debates on either side so
that the public would be knowledgeable about not only what is at stake but what is at risk. He
believes America is at risk.
Beverly Henry shared that she has worked on outreach efforts in Wilmington and volunteered at
a place called Sojourner’s House, which operates differently from traditional rehabilitation
centers. She explained that while typical rehabilitation centers discharge individuals within a few
days, often without a structured plan, Sojourner’s House takes a more comprehensive approach.
Ms. Henry noted that only two locations in Delaware offer Sojourner’s House services. The
program not only supports individuals struggling with alcohol and drug addiction but also helps
those experiencing homelessness. Sojourner’s House brings people off the streets and assists
them in enrolling in Medicaid and completing job applications. Unlike other programs, they do
not release individuals back into the public until they are ready. While Ms. Henry acknowledged
that not everyone is prepared for the structure Sojourner’s House provides, she stressed that if
they could engage some of the individuals on the street, those individuals could secure stable
housing by the time they leave the program. Importantly, residents do not have to pay for it.
Dr. Sudler recommended that Ms. Henry reach out to Pastor Sheila Lomax of Holy Trinity
Church, suggesting that a partnership could begin there. He proposed organizing a healthcare fair
with the involvement of Mr. Anderson, Mr. Boggerty, and himself. Dr. Sudler further suggested
revitalizing and introducing Ms. Henry’s program to the community, starting in areas where it is
most needed, such as New Street, and eventually expanding it throughout the city.
Ms. Shereen Williams voiced concerns about the City of Dover’s employment practices,
particularly regarding potential bias in hiring. She highlighted her qualifications, noting that she
holds three (3) advanced degrees, including an Executive MBA in Innovation Management from
Temple University and a degree in New Media Journalism from Full Sail University. Ms.
Williams explained that she had applied for several positions with the City of Dover, including
the Controller Treasurer position, for which her qualifications and professional experience far
exceeded the minimum requirements. As evidence of her credentials, she submitted her resume,
transcript, and cover letter for Council to review. Despite participating in two (2) interviews with
the city, Ms. Williams did not receive a follow-up call or job offer. After her second interview,
the interviewer escorted her from the building, commenting that she was overqualified for the
role.
Ms. Williams questioned why highly qualified candidates are being overlooked and whether
unspoken biases might influence hiring decisions. She stressed that her concerns are not merely
personal but reflect broader systemic issues within the city's hiring policies, which are intended
to prohibit discrimination. She further asked how a candidate could be deemed overqualified
based solely on an interview and requested clarification on the qualifications of the individual
who was ultimately hired. Ms. Williams asked whether the chosen candidate's qualifications
were indeed superior to hers.
Responding to Mr. Anderson, Ms. Williams stated that she was interviewed for the Controller
Treasurer position.
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Responding to Mr. Rocha, Ms. Williams explained that she had interviewed for other positions
within the City of Dover but was neither hired nor provided with any feedback. She noted that
she had recently applied for the Controller Treasurer position, believing she was overqualified
for that role, as well as for every other position she applied for—yet she received no offer or
further communication.
In response to Mr. Lewis, Ms. Williams clarified that the position in question, for which she was
deemed either unqualified or highly qualified, was the FOIA position. She added that personnel
informed her she was considered overqualified for the role.
Responding to Mr. Hare, Ms. Williams stated that she has an Executive MBA degree from
Temple University, an Innovation Management degree from Temple University, a degree in New
Medium Journalism, a master’s degree from Full Sail University, and a bachelor’s degree in
social work from Delaware State University.
Lachelle Paul, 501 Silverside Drive, emphasized the importance of addressing constituents'
concerns regarding the policing process. She mentioned that she has spoken with the Police
Chief multiple times about issues faced by residents on New Street, noting that several
individuals have approached him personally. Ms. Paul inquired about the financial resources
required to ensure that the budget accommodates the necessary number of officers to provide
adequate protection in high-crime areas. She further questioned what actions are being taken to
resolve these issues and ensure that the appropriate officers are deployed to effectively police
these neighborhoods. She expressed that merely reacting to crime is insufficient; proactive
policing is essential. With high crime rates in the area, she underscored the urgent need for
effective solutions.
Cleveland Wilson, Concerned Citizens of the Community, stated that they know that New Street
is a high crime area, as in Capital Green and Manchester Square. He inquired about the actions
that would be taken to address the issue and how long it would continue unresolved. Mr. Wilson
emphasized that people must take action to make a difference. He noted that while additional
meetings are necessary, they must also lead to meaningful action.
James Mayhall, 228 Ann Avenue, expressed his concerns regarding an incident in which he was
beaten and tortured while handcuffed by the Dover Police Department. He reported that he filed
a complaint against the officers involved but was denied any action. Mr. Mayhall believes that
Police Chief Johnson and Mayor Christiansen should resign from their positions. He stated that
he had a video of himself being laughed at while attempting to file the complaint and questioned
why he would return to the police station where he experienced abuse to report it. Additionally,
Mr. Mayhall mentioned that he had submitted a FOIA request twice, both of which were denied.
He emphasized his belief that Mayor Christiansen, Chief Johnson, and internal affairs are corrupt
and stated his intention to prove it.
Mayor Christiansen stated that he had a lengthy conversation regarding this matter and outlined
the extent of his involvement. He also suggested alternative routes that Mr. Mayhall could
pursue.
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Responding to Mayor Christiansen, Mr. Mayhall stated that he could file a lawsuit, but he would
rather talk about it. He stated that he did go to the Attorney General’s Office and the FBI came
and got a warrant.
Dr. Sudler expressed that if that were the case, it would indicate a regression rather than
progress. He acknowledged that he does not know all the specifics regarding the perception of
the situation and offered his apologies for what occurred.
Mr. Lewis agreed with Dr. Sudler. He believes that if this situation did occur, it would be
disgraceful and appalling, and an investigation needs to be done. If not done by the Attorney
General, but a higher authority, like the U.S. Attorney’s Office. Mr. Lewis would hope that the
police would not do anything like this and hopes that Chief Johnson would be transparent with
City Council and let them know what transpired and happened.
INVOCATION
The invocation was given by Bishop Carol Boggerty.
Bishop Boggerty announced the upcoming Faith and Blue event. She explained that this
initiative aims to bring together the faith community, as well as individuals who may not identify
with a particular faith but believe in the importance of law enforcement in their communities.
This initiative is not limited to Delaware; it is a nationwide effort to partner with law
enforcement agencies, including police departments, capital police departments, correctional
officers, and all those involved in law enforcement. The Faith and Blue event will take place on
October 19, 2024, in the back lot of the Dover Police Department from 11:00 A.M. to 2:00 P.M.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Hare.
ADOPTION OF AGENDA
Mr. Anderson requested to strike Item #19, the sale and disposition of Excess Real Property –
Adjacent to 600 Forrest Street, due to no agreement with the prospective buyer from the agenda.
Mr. Rocha made a motion to strike Item #19 from the agenda, seconded by Mr. Lewis, and
carried unanimously.
Dr. Sudler requested to add the Appointment of Dr. Samuel Hoff to the agenda. He believed that
the Ethics Commission needs to be at full capacity and Dr. Hoff is well qualified for the position.
Mr. Neil moved for adoption of the agenda as amended, seconded by Mr. Boggerty.
Mr. Lewis stated that he had read the proposed changes for the Ethics Commission and there was
nothing that referred to the commissioners or the appointment of a Commissioner. He agreed
with Dr. Sudler to add the appointment of Dr. Samuel Hoff to the Ethics Commission. Mr. Lewis
expressed that his credentials and educational experience are beyond impressive in his opinion.
Responding to Dr. Sudler, Mr. Anderson noted that there have been multiple proposals,
including suggestions from three members advocating for the elimination of the Ethics
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Commission in favor of aligning with the state. Mr. Anderson expressed his desire to wait for a
decision on whether to amend the agenda, which ultimately was amended. He indicated that he
wanted to hold off on adding any appointments to the agenda until they had a clearer direction
following Tuesday's discussions.
Dr. Sudler believed that Dr. Hoff would be amenable if they eliminated or eradicated the
commission. He further believed that it would not affect them or Dr. Hoff in any adverse way.
Dr. Sudler requested that they still honor Mayor Christiansen’s request by appointing Dr. Samuel
Hoff during tonight’s meeting.
Ms. Arndt agreed with Dr. Sudler and noted that, after reviewing Dr. Hoff’s resume and
considering his potential contributions, she was comfortable with adding the appointment to the
agenda.
Mr. Boggerty believed that it would be beneficial if they agreed to support Mayor Christiansen
and his appointment.
Mr. Neil moved for adoption of the agenda as amended. The motion was seconded by Mr.
Boggerty and carried unanimously.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Dr. Sudler and carried by
a unanimous roll call vote.
PROCLAMATION – INDIGENOUS PEOPLE’S DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, The Lenni-Lenape Native Americans originally lived in a huge territory that
included what is now New Jersey, Pennsylvania, New York, and Delaware. The Lenni-Lenape,
whose name Lenni means “Original”, and Lenape meaning “People” are indigenous to the
Delaware Valley that includes the City of Dover; and
WHEREAS, before the first cobblestone was laid by European colonists, the lands on Delmarva
that would become Kent County were occupied by Native Americans, particularly the Lenni-
Lenape. The Lenni-Lenape Tribe was the first to encounter the Europeans (Dutch, English, and
Swedish) in 1524. The English settlers gave them the name Delaware Indians because they lived
along the Delaware River, and the river, in turn was named after the governor of the Jamestown
colony, Lord de la Warr; and
WHEREAS, the peace-loving Lenni-Lenape were called the “grandfathers” or “ancient ones” by
many other tribes and were considered to be among the most ancient of the Northeastern
Nations. They were known as warriors and diplomats, often keeping peace and mediating
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disputes between the neighboring Native Nations, and were admired by European colonists for
their hospitality and mediation skills; and
WHEREAS, in celebrating the traditions, cultures, and accomplishments of the Lenni-Lenape
Tribe, we also acknowledge our city’s history of colonialism that has inflicted discrimination,
deprivation, and genocide upon indigenous people.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim October 14, 2024, as Indigenous Peoples’ Day
in the City of Dover and for all citizens to join in celebrating Indigenous Peoples’ Day and
continue to promote the rich heritage and history of the First People of the First State.
PRESENTATION – BIGGS MUSEUM UPDATE FROM HASSAN NAJAR, EXECUTIVE
DIRECTOR
Mr. Hassan Najar briefed members on the Biggs Museum.
PUBLIC HEARING – ANNEXATION/REZONING REQUEST OF PROPERTY
LOCATED AT 139 ACORN LANE
Ms. Dawn Melson-Williams, Principal Planner, reviewed the Proposed Annexation/Rezoning of
Property Located at 139 Acorn Lane #2024-14.
Responding to Mr. Lewis, Ms. Melson-Williams stated that the building on the property is a
single-family house, and the owner had a tenant living there at one point. She was not sure if
there was a tenant present, but if there was, upon annexation into the City of Dover, the owner
would need to comply with the city’s rental dwelling permit program. Ms. Melson-Williams
noted that the property owner also owns other land within the city that has participated in the
rental program.
Responding to Mr. Lewis, Ms. Melson-Williams explained that annexing the property would
benefit the city by making it eligible for city utilities, including a change in the electric rate, as it
is already a City of Dover Electric customer. Additionally, if the property connects to city water
and sewer services, the owner would be required to pay impact fees along with water and sewer
rates for ongoing services. She further noted that annexation would ensure the property owner
contributes to property taxes, which helps fund city services such as police and fire departments.
Since the property is already within the Robbins Hose Dover Fire Company’s Fire District, the
fire service coverage would remain unchanged. Ms. Melson-Williams added that annexation also
clarifies additional opportunities for the property. The property is identified as an enclave area
(category one) in the comprehensive plan, meaning the owner must pursue annexation to gain
access to city water and sewer services.
Responding to Dr. Sudler, Ms. Melson-Williams explained that one of the challenges was the
applicant's attempt to join the meeting virtually. She noted that the applicant had reached out to
both her and the clerk’s office for assistance.
Dr. Sudler believed that the intended use of the land was a factor in the desire to have the
property annexed into the city.
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Item #6.
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Responding to Dr. Sudler, Ms. Melson-Williams clarified that, to her understanding, the property
currently relies on a septic system and a well, with concerns about the viability of continuing to
use one or both.
Responding to Dr. Sudler, Ms. Melson-Williams noted that during the Planning Commission
meeting held on September 16, 2024, a public hearing was conducted regarding the annexation
and rezoning request. However, no members of the public chose to speak either in favor of or
against the proposal.
Responding to Ms. Arndt, Ms. Melson-Williams pointed out that Acorn Lane has a “sawtooth”
pattern throughout the corridor. The police chief would need to speak to emergency responses on
behalf of the police departments due to the portions of the property being outside the city. She
mentioned that Acorn Lane is a state-maintained road and already has some infrastructure in
place.
Mr. Anderson declared the Public Hearing opened at 7:56 p.m.
There being no one present wishing to speak during the public hearing, Council President
Anderson declared the Public Hearing closed at 7:56 p.m.
Mr. Neil made a motion to adopt the Annexation Resolution #2024-14, seconded by Mr.
Hare, and carried unanimously by a roll call vote.
FINAL READING PROPOSED ORDINANCE #2024-28 – AMENDING THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE
ZONING DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE.
Mr. Rocha moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting of August 12, 2024.)
The City Clerk read the following Ordinance into the record as follows:
ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE.
By motion of Mr. Neil, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote
adopted Ordinance #2024-28 as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF
THE CITY OF DOVER CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 139 ACORN LANE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
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of property described below from RS-1 (Residential Single Family Zone) to R-10 (One Family
Residence Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and
Zoning Ordinance of the City of Dover have been amended by changing the zoning
designation from RS-1 (Residential Single Family Zone) to R-10 (One Family Residence
Zone) on that property located at 139 Acorn Lane, consisting of 14,494+/- S.F. owned by
Byler Investments, LLC.
ADOPTED: October 14, 2024
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 23,
2024
The Minutes of the Regular Council Meeting of September 23, 2024, were
unanimously approved by motion of Mr. Neil, seconded by Ms. Arndt, and bore the
written approval of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT OF –
SEPTEMBER 24, 2024
The Council Committee of the Whole met on September 24, 2024, at 6:01 p.m.
with Council President Anderson presiding. Members of Council present were
Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Lewis, and Mr. Rocha. Ms. Arndt, Dr.
Pillsbury, and Dr. Sudler were absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Dr. Jackson-Short,
(Safety Advisory and Transportation), Mr. Wilson (Utility), Mr. Garfinkel, and
Mr. Shevock (Legislative, Finance, and Administration). Ms. Smack (Safety
Advisory and Transportation), and Mr. Iriowen (Utility) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Mr. EShed Alston, 406 Arnold Court, proposed that the city sponsor or host
debates during this election year, which occurs every four years. He emphasized
that these debates would provide a valuable opportunity for the community to
learn more about the candidates from both the Republican and Democratic parties.
Given Delaware’s status as the first state, Mr. Alston expressed that there is a
civic obligation to educate those unfamiliar with the electoral process. He
volunteered to participate in the initiative, describing it as an important learning
experience and beneficial civic exercise for the entire community.
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Item #6.
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SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman
Boggerty presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Debriefing - Post-Mortem on the Phish Music Festival (Kay Sass, Emergency
Management Coordinator, Jim Hosfelt, Dover Motor Speedway, and City of
Dover Fire Marshal’s Office)
Ms. Kay Sass, Emergency Management Coordinator, and Mr. Jim Hosfelt, Dover
Motor Speedway, debriefed the Post-Mortem of the Phish Music Festival. Mr.
Jason Osika, City of Dover Fire Marshal and Chief Johnson were present for
questions.
Committee Action was not required.
Mr. Neil emphasized the importance of the Dover/Kent County Metropolitan
Planning Organization (MPO) taking a serious look at the traffic and
infrastructure issues concerning the entrance from Leipsic Road off Route 13,
extending through Persimmon Tree Lane, and down to Route 9. He raised the
concern due to the new apartments being constructed at the corner of Leipsic
Road and Route 13. Mr. Neil emphasized the importance of maintaining the
efficiency of the current system, which is built on the expertise of its people rather
than its buildings or infrastructure. He believes this is essential to Dover's
continued success in attracting and hosting major events, which provide
significant value to the city.
Responding to Mr. Lewis, Ms. Sass acknowledged that concerns were raised
during their briefing regarding the use of certain drugs and the resulting
behaviors. She emphasized that one of the key preventative measures for
mitigating hazards was controlling and limiting the number of drugs that are
entering the community. Ms. Sass noted that the Dover Police Department had
already taken steps in this regard to address the issue effectively.
Responding to Mr. Anderson, Ms. Sass stated that the estimated attendance for
each day was roughly 32,000 people.
Mayor Christiansen wanted to thank everyone who was involved in making Phish
a success. He highlighted how the events hosted by Dover Motor Speedway have
contributed to the city’s growth, bringing in significant revenues and attracting
visitors who get to experience the beauty of Dover.
Responding to Mr. Neil, Mayor Christiansen acknowledged his concerns
regarding the implementation of a fire lien to facilitate easier exits for residents in
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his community and along Persimmon Tree Lane, allowing them to avoid the
detour through Route 13. He assured Mr. Neil that the Dover/Kent County
Metropolitan Planning Organization (MPO) would be conducting a study to
address the traffic conditions, which would include Leipsic Road and Persimmon
Tree Lane. The goal of the study is to improve the egress and access the way it
should be.
Responding to Dr. Jackson, Ms. Sass stated that she did not have the revenue
numbers. She had spoken with a few people, as far as hotels, and they did not
have a ballpark figure yet to be able to determine the revenue that was brought to
the city.
Mr. Boggerty moved for adjournment of the Safety Advisory and
Transportation Committee meeting, hearing no objection the meeting
adjourned at 6:27 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Anderson
and unanimously carried.
Evaluation of Bids – Electric System Study (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis
regarding the Electric System Study.
Staff recommended awarding the contract to Kinectrics AES.
Responding to Mr. Lewis, Mr. Waddell stated that the city had not used the
company Kinectrics AES.
Responding to Mr. Lewis, Mr. Waddell stated that they have reached out to other
municipalities. They were timely with their communication and accurate with
their deliverables. He noted that when he reached out to the municipalities, one
municipality that he reached out to was Sacramento Municipal Utility. They are
one of the largest municipalities in the country and they have put the company
Kinectrics AES on a five (5) year program.
Responding to Mr. Lewis, Mr. Waddell stated that the references that he reached
out to were provided by the company, there were no references for the State of
Delaware.
Responding to Mr. Lewis, Mr. Waddell stated that the company has been utilized
in other states, such as Maryland and Illinois, but not for the State of Delaware.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 11
Responding to Mr. Lewis, Mr. Waddell stated that if they were unable to provide
the models and information, they would need to come to Delaware to perform the
work. He explained that much of the work could be done remotely from their
office using modeling software. However, if in-person data collection is required,
they would make arrangements to visit the city to gather the necessary
information.
Mr. Hare moved to recommend accepting the staff recommendation. The
motion was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 6:33 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Discussion – Recreational Marijuana Land Uses, Related Zoning
Regulations, and Review of the Marijuana Regulations Survey (David S.
Hugg, III, City Manager and Ann Marie Townshend, Rossi Group)
Mr. David Hugg, III, City Manager, and Ms. Ann Marie Townshend, Rossi Group
reviewed the Recreational Marijuana Land Uses, Related Zoning Regulations, and
Review of the Marijuana Regulations Survey.
Committee Action was not required.
Responding to Mr. Boggerty, Ms. Townshend believed that they were not phasing
out medical facilities. She indicated that the expectation is for all facilities to
apply for a recreational license, as the demand for recreational marijuana might
lead to a few individuals visiting strictly medical facilities. Ms. Townshend noted
that medical marijuana is not subject to the 15% tax, making it less expensive for
those with a medical card. Additionally, individuals under 21 with a medical card
would still be unable to purchase recreational marijuana, highlighting the
necessity of maintaining the medical program. She mentioned that the issue has
been referred to the office of the Marijuana Commissioner for further
consideration.
Responding to Mr. Boggerty, Ms. Townshend explained that there are multiple
ways to manage the number of marijuana retail stores. The current draft ordinance
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stipulates that recreational retail stores must be at least a mile apart from one
another. She clarified that this approach is intended to allow for a natural cap on
the number of stores. She acknowledged that a specific number of marijuana
stores could be established but expressed concern about the practicality of this
approach. For example, if there are three stores and four applicants seeking
licenses, how would the city differentiate between them? This is why she favors a
natural capping method while emphasizing that the final decision ultimately rests
with the city.
Mr. Hugg stated that the state will issue only 30 recreational marijuana retail
licenses, meaning the process will involve a lottery. This significantly limits the
likelihood of any one area having more than a couple of stores. He noted that
Kent County has essentially allowed businesses to operate anywhere, which could
lead to marijuana retail locations in various places, such as Rodney Village,
Cheswold, or along Route 8. He explained that if a business won the lottery and
was allowed to proceed, they could potentially establish one of the retail locations
within the City of Dover, but outside the city limits. Mr. Hugg also mentioned
that it would be feasible to set up a cap of one or two marijuana stores,
acknowledging that while there might be a chance of not receiving any licenses, it
is unlikely that any location would have more than one or two stores.
Responding to Mr. Rocha, Ms. Townshend clarified that when imposing distance
requirements, the measurements would be taken as the “crow flies.” She
explained that the current draft of the ordinance specifies that the distance for
marijuana facilities would be measured from the building footprint of the facility
itself. However, for schools, the buffer distance would be calculated from the
parcel boundary of the school, rather than from the building footprint.
Responding to Mr. Rocha, Ms. Townshend noted that the distance from the
school’s parcel boundary did not meet the 500-foot requirement, raising concerns
about proximity to residential areas. She pointed out that the R-20 zoning district
is adjacent to the shopping center to the south and a daycare as well. The draft
amendment includes an exemption from the distancing requirement for a
conversion license.
Responding to Mr. Rocha, Ms. Townshend explained that the ordinance already
stipulates that odors from cultivation must be non-detectable from outside the
building. She noted that odor was one of the big concerns that came from the
survey. However, she acknowledged that they cannot control the smell of
someone smoking marijuana outside on their back porch. The ordinance requires
all marijuana cultivation facilities to install the odor control technology necessary
to ensure that no odor from cannabis products can be detected outside the
building, on adjacent properties, in public rights of way, or within any other unit
located in the same building. She clarified that while the ordinance sets the
standard, it does not specify the technology required to achieve it. The language
was adapted from regulations in a neighboring jurisdiction in Maryland that has
experienced issues with odor control.
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Mr. Lewis noted that the state statute regarding odor and filtering is very stringent
and suggested that Ms. Townshend consider including those requirements in the
city ordinance. He estimated that the cost of proper ventilation could be around
$100,000.
Responding to Mr. Lewis, Ms. Townshend acknowledged his point, agreeing that
having the requirements in the city ordinance would empower code enforcement
staff to enforce them directly, rather than having to refer to state regulations. She
pointed out that referring issues to the state can sometimes delay enforcement.
Ms. Townshend emphasized that having city regulations in place can complement
state regulations, ensuring a more efficient enforcement process.
Mr. Hare commented that he would not oppose the issuance of a retail license if it
were obtained, but he emphasized the urgency of making a decision due to the
costs associated with applying for a retail license, which he noted is non-
refundable. He expressed his belief that it is unfair to require individuals to apply
without a clear decision in place. Furthermore, Mr. Hare stated that he does not
support having a retail marijuana business in the Downtown Dover Business
District.
Responding to Mr. Anderson, Ms. Townshend explained that Amendment #2 was
specifically written to accommodate existing organizations. She clarified that a
date of January 1st was included in the draft ordinance to ensure that any
businesses trying to be grandfathered in would have a clear cut-off date. She
noted that Best Buds is the only facility that has been operational prior to January
1st.
Responding to Mr. Anderson, Mr. Osika stated that he was not aware of any
complaints from Best Buds. He is unsure on the code enforcement side, but he has
not heard anything.
Responding to Mr. Anderson, Mr. Hugg stated that his office has not heard of any
regarding Best Buds.
Responding to Mr. Anderson, Ms. Townshend stated that the state office of the
Marijuana Commissioner has not had any issues with Best Buds. She noted that
keeping the license is strictly regulated.
Mr. Anderson made a motion to adopt the draft Amendment #2 into the draft
ordinance.
Responding to Mr. Anderson, Mr. Rocha stated that they did not need to take
action tonight considering that Dr. Sudler, Ms. Arndt, and Dr. Pillsbury were not
present. He does not feel comfortable with taking action.
Responding to Mr. Rocha, Mr. Anderson stated that he would like to move
forward to include the draft Amendment #2 to provide certainty for the business.
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He clarified that he would not be moving forward to release the ordinance at this
time.
Mr. Anderson made a motion to incorporate the language of draft
Amendment #2 into the draft ordinance. The motion was seconded by Mr.
Lewis and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Responding to Mr. Garfinkel, Ms. Townshend explained that Best Buds and other
marijuana businesses do not enter the Federal Reserve System to conduct their
operations. She highlighted two key points: the business operates largely in cash,
and the state has passed a statute allowing local banks, which are not under
federal oversight, to provide banking services to these businesses.
Responding to Mr. Hugg, Mr. Garfinkel stated that changing marijuana’s
classification from Level 1 to Level 3 would require an act of Congress, which
would enable its use within the Federal Banking System. Mr. Hugg noted that, to
his understanding, there is legislation pending aimed at decriminalizing
marijuana, which is why the industry currently operates as an all-cash business
with no ability to process credit card transactions.
Responding to Mr. Garfinkel, Ms. Townshend explained that the stringent
security regulations are partly due to state requirements, which impose strict rules
on tracking every piece of product. She
emphasized that the security measures also minimize risk, noting that Best Buds
has cameras installed both inside and outside the facility. No one can be in any
part of the facility without being monitored by the cameras.
Mr. Garfinkel is concerned more with money laundering than about robberies.
Mr. Erik Czerwinski, 34 Maple Lane, is concerned about the unintended
consequences of marijuana legalization and its sale, particularly highlighting
issues along Route 13. He links the increased crime, drug usage, and
homelessness in the area to the presence of marijuana shops. He stated that
discussions had taken place regarding tax revenue and the advantages of
maintaining the current approach, as all the revenue being generated was directed
toward law enforcement and drug prevention efforts. Additionally, Mr.
Czerwinski brought up the impact of marijuana on the black market, which he
claims has grown due to the high cost and taxes on legal marijuana. He raises
concerns that black market marijuana is cheaper and potentially more dangerous,
as it may be laced with fentanyl. He also highlights the effect on local retail
stores, particularly big box stores that are reluctant to operate near marijuana
stores. Mr. Czerwinski encouraged a ban on marijuana in the city, pointing out
that other towns in Delaware have already done so. He also criticized the
reduction in distance requirements between marijuana dispensaries and schools or
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 15
residential areas, arguing that this would imply the city is not an appropriate
location for marijuana sales.
Ms. Cindy Christiansen, 714 Carol Street, would like to know the negatives since
they are always hearing about the positives of marijuana. Ms. Christiansen
expressed frustration that the presentation from the Rossi Group failed to
highlight any negatives, especially when tax money was spent on such a study. It
seemed to focus solely on the positives of marijuana sales. She emphasized her
frustration with allowing corporations to openly sell marijuana near sensitive
locations, such as daycares and schools, like Town Pointe Elementary, regardless
of whether the legal distance is 500 or 1,000 feet. She feels that even these
distances are too close. As a resident of Dover, Ms. Christiansen was concerned
about the image the city presents particularly as it aims to attract tourists and
businesses. She highlighted that other nearby towns, such as Dewey Beach,
Rehoboth, Millsboro, and Fenwick have rejected marijuana sales because the
community does not want it. Ms. Christiansen noted that the absence of any
negative findings in the Rossi Group’s presentation is troubling, especially given
the time and resources dedicated to its development.
Mr. Aaron Epstein, 516 Jeff Avenue, Chief Operating Officer of CannTech
Research, operating as Best Buds, expressed concerns regarding the future of the
business in Dover. Best Buds has been a provider of medical cannabis for
residents and patients, serving about 2,500 individuals over the past two years.
Mr. Epstein highlighted the potential threat to the business if they are not
grandfathered in under new regulations, which would allow them to continue
operating. Without this allowance, they could face closure, as their current
operations are not sustainable as a medical-only facility, incurring significant
financial loss. Best Buds prides itself on being one of the only two unionized
cannabis shops in the state, offering staff members benefits, livable wages, and
paid time off. Additionally, they have had no incidents of diversion or violence at
their facility, a fact confirmed by the local police, who reported no notable issues
at the site. Their comprehensive security measures, based largely on their hiring
practices, contribute to this success. Mr. Epstein argued that the ban on cannabis
would penalize those who lack transportation and rely on local access to cannabis
products. He emphasized that the legalization of cannabis in Delaware was, in
part, to address racial disparities and that prohibition disproportionately affects
disadvantaged communities. He clarified that 50% of their sales are conducted by
debit, with the other half in cash, as credit card companies are prohibited from
processing cannabis transactions. He explained that they are in regulatory limbo,
having applied for a conversion license that hinges on the city’s zoning approval.
Without this approval, they are unable to move forward. Mr. Epstein urged the
city council not to ban cannabis sales, as doing so would undermine the very
communities the law was intended to help.
Ms. Jean Dowding, 73 Greentree Lane, expressed concerns about the potential
presence of marijuana businesses in Downtown Dover, particularly near small
businesses. Representing these businesses, Ms. Dowding emphasized the
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importance of buffer zones and urged the council to reconsider allowing
recreational marijuana sales in the downtown area. The survey indicated that a
majority of people supported the establishment of buffer zones to keep marijuana
businesses away from certain areas. Ms. Dowding pointed out that recreational
marijuana is still new to the community, and there may be challenges ahead. One
of her concerns is the difficulty small business owners may face in determining
whether their employees are under the influence after lunch breaks. She urged the
council to avoid placing marijuana businesses near sensitive areas like daycare
centers and schools, as highlighted by the survey results.
Sale and Disposition of Excess Real Property – 423 Collins Drive (David S.
Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the sale and disposition of 423 Collins Drive.
Staff recommended approving the sale/donation to Central Delaware Habitat for
Humanity.
Responding to Mr. Rocha, Mr. Hugg stated that there was a decision from
council, but his recommendation was to recover from Habitat for Humanity the
$19,000 that they originally paid for and let them claim the rest of it as a donation.
Responding to Mr. Neil, Mr. Hugg stated that there would be no more mowing
and he would be saving money. The sale of the property would be $19,000 and it
would return to the tax rolls. It would be a taxable property.
Mr. Neil moved to recommend accepting the staff recommendation. The motion
was seconded by Mr. Hare.
Responding to Mr. Lewis, Mr. Hugg stated there are no liens and the property is
appraised at $39,200.
Responding to Mr. Lewis, Mr. Hugg stated that there is $19,000 in the property
and has been maintaining the property since it was bought in 2014. One estimate
that he received was that it would cost them $1,700 for mowing and maintenance
of the property.
Responding to Mr. Lewis, Mr. Hugg stated he was not aware of any parcels that
were donated to Habitat for Humanity within the past year. He noted that they
have made donations to Habitat for Humanity, but he was not sure specifically
when or where.
Responding to Mr. Garfinkel, Mr. Hugg stated that Habitat for Humanity made an
offer for $24,000 and he recommended that they recoup the original capital
investment that was made. Habitat for Humanity did not ask for a discount. It
was council’s decision to decide to accept the $19,000 offer. Mr. Garfinkel
believed that the taxpayers would want them to accept the higher offer. He does
not understand why they are doing counteroffers when there is no counteroffer.
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 17
Mr. Garfinkel is unsure of what the process would be, but he would like to see the
amendment changed so it would be $24,000.
Mr. Neil explained that the transformation of the city is largely due to the efforts
of Habitat for Humanity. Habitat for Humanity has been significant, particularly
in fostering equity and arranging loans to help people become homeowners. He
emphasized that the small financial investment required is far less important than
having someone who genuinely cares about the property, rather than being sold to
someone who would simply rent it out. He believes one of the city’s challenges is
the lack of property owners who live within the city and have a personal stake in
the well-being of their homes and neighborhoods. The financial amount involved
in the process is minimal compared to the benefits of having a dedicated
homeowner, who will care for the property and community, rather than seeing it
as a business opportunity for renting. Mr. Neil shared that he regularly attends
meetings and welcomes new families moving into the Fourth District, and
occasionally in other areas. He supports the lower amount for the property,
arguing that it is a small difference compared to the value of having individuals
who will care for the safety and upkeep of their homes and communities.
Mr. Hare stated that he agreed with Mr. Neil. If it was a contractor trying to buy
the property to build, maybe then they should hold out and get more money. He
explained that Habitat for Humanity is a good organization that does good for
people in need and helps people who can get affordable housing.
Mr. Garfinkle stated that he does not understand why they are always bidding
against themselves and giving things away when they do not have to.
Mr. Garfinkel moved to amend the motion to sell the property for $24,000.
The motion was seconded by Mr. Anderson and carried by a roll call vote of
seven (7) yes (Boggerty, Rocha, Lewis, Anderson, Shevock, Garfinkel), two
(2) no (Hare and Neil), and three (3) absent (Pillsbury, Arndt, Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Sale and Disposition of Excess Real Property – Adjacent to 600 Forest Street
– Parcel ID: ED-05-076.12-02-75.00 (David S. Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the sale and disposition of 600 Forest Street.
Staff recommended approving the sale of surplus to the adjacent property owner.
Mr. Hare moved to recommend accepting the staff recommendation for the
sale of 600 Forest Street for the amount of $54,600. The motion was seconded
by Mr. Lewis and unanimously carried.
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Item #6.
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By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Discussion – Update on the State Pension (David S. Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the update on the State Pension.
Committee Action was not required.
Responding to Mr. Shevock, Mr. Hugg stated that they honestly do not know the
exact number of people wanting to participate. There are about 200 employees
outside of the Police Department, including those already in the city’s existing
pension plan and others in the 401(k) and 457 plans. He estimated there are
around 100 or so who might potentially be interested in joining the state plan. One
factor that complicates this is its longstanding proposal that the city does not buy
back employees' previous service time. However, there are options available
where new participants could choose to buy in some of their time themselves.
They need to ensure that employees fully understand these options before making
any decisions, so gathering more information and clarifying these choices is
essential.
Mr. Hugg stated that if an employee is in the existing city pension plan, they are
not eligible to join the state pension plan. However, if they are in one of the Roth-
based plans, such as the 401(a) or 457 plans, they may or may not be eligible. For
employees in the Police or Fire Department, they are already covered by the
state's public safety pension plan. So, when the city breaks it down, that leaves
them with around 109 eligible employees, as 77 are not eligible. Most of those
who are not in the police plan are in the Mission Square 457 plan, and there are
also significant numbers in the 401(a) plan. Employees in these plans could
continue with them if they joined the state pension plan, but the city would no
longer provide the matching contribution. That is why it is crucial they clearly
explain all of this and gauge employees' interest before moving forward.
Responding to Mr. Hugg, Mr. Hare stated that it has been a long time, and his
position is that they need to take action. Assign someone to this and have an
answer within 30 days. If employees want to join the plan, they should either
allow them to do so this week or send out a notice to all employees stating that if
they do not hear from them within two weeks, they will not be enrolled. They
need to do something because it is not fair to those who want to join the plan but
are not being given the opportunity
Responding to Mr. Hare, Mr. Hugg stated that he agrees with the idea, but he does
think that they need more public education on what the plan entails.
Responding to Mr. Hugg, Mr. Hare stated that they have had a year to get public
education.
Responding to Mr. Hare, Mr. Hugg stated that they have not received it yet.
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 19
Responding to Mr. Hugg, Mr. Hare stated that they should take action and have
an updated report within 30 days so they can move forward. It is simply not fair to
the employees to keep delaying this. Mr. Hare noted that if Mr. Hugg does not
want to do it, then they should find someone who will.
Responding to Mr. Hugg, Mr. Anderson stated that he believes that they need to
start moving things forward while continuing the education process. They cannot
afford to put everything on hold, as they have a deadline of January 1st, and the
resolution needs to be completed before then. They need to ensure that they lay
the groundwork that Ms. Poole has outlined. He explained that they had asked all
three unions if their employees were interested in the plan, and all had confirmed
their interest. Two of them even stated it was a top priority. So, assuming the
unions represent their members accurately, he believes that they have enough
support to move forward. He agrees with Mr. Hare that they should have a clear
picture within 30 days. They must provide proper education since people have
legitimate questions. The key factor in whether employees join or not will likely
depend on whether they can buy in their previous service time. For example,
someone who has worked for 20 years and can buy in time to retire in five years
will want to know if that option is available. This has been a major concern
among employees, and it is something that they need to address.
Furthermore, once this plan is in place, they will be able to advertise the pension
in their recruitment efforts without adding future liability to the city. They will
continue making the same contributions they already are to the 401(k) and 457
plans, and it could potentially be lower depending on employee choices. If, in 30
days, it turns out that employees change their minds once they see the details, let
Council know. Council is not trying to force anyone into anything. However, once
the plan is set, please ensure all legal aspects are airtight. They need to make sure
that everyone has access to the right information and that no one can come back
years from now, claiming they did not know or made the wrong decision. Send
the information to employees’ emails, post it on the website, and ensure full
transparency.
Responding to Mr. Neil, Mr. Hugg stated that contacting union representatives
and asking them to circulate this information would be his first step because they
have much better contacts.
Responding to Mr. Hugg, Mr. Neil suggested reaching out to those who are not
represented by the unions also, so that they cover their basis.
Responding to Mr. Hugg, Mayor Christiansen also recommends having someone
from the city side, perhaps Human Resources, who can explain the benefits
clearly, alongside the union leadership. While the unions understand the benefits,
it is important to have someone who can provide a balanced view, explaining the
pros, cons, and potential challenges of choosing certain pension plans. He
believes that is crucial.
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CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 20
Responding to Mayor Christiansen, Mr. Hugg stated that it is Human Resources'
responsibility to ensure that they reach every employee and, as he mentioned,
explain the benefits. A crucial part of the state pension plan involves the
provisions related to eligibility, retirement age, and particularly the buy-in
options. These are important criteria that need to be clearly communicated.
Responding to Mr. Hugg, Mr. Hare emphasized that while he agrees Human
Resources should be involved, he believes it is ultimately Mr. Hugg's
responsibility to ensure it gets done. If Human Resources is unable to manage
this, then it is Mr. Hugg's duty to find someone who can.
Jason Osika, 160 Fawn Path Drive, City of Dover Fire Marshal, stated that first,
he wanted to thank Council for considering this matter. He knows that they have
been supportive, and Council President Anderson, has been particularly proactive
regarding this pension issue. Mr. Osika understands how they feel; he is there
representing his employees and others as well. This was supposed to be
implemented back in January of this year, and here they are, approaching
October. There is growing frustration among employees about the delays in
getting this done. Mr. Osika stated that he had already noted that recruitment and
retention are crucial. This issue is not just about the 199 eligible employees; it is
about addressing the vacancies that the city currently has. A better pension plan is
an important benefit to offer to potential applicants.
Mr. Osika explained that the Fire Department was able to navigate this with a
volunteer Fire Chief and has already integrated a new employee into this plan. He
has just returned from the Delaware Volunteer Firefighter’s Association’s
conference, where the State Pension Office made a complete presentation with
three representatives explaining the Firefighter and Police pension options, as
well as the 30-year pension with buy-in options. Mr. Osika acknowledges that
there is still a lot of work to be done, but the process has dragged on, which is
frustrating. One recommendation he has is that they could create an Excel
document in about three days. If supervisors list their employees and indicate
which plan they are in and whether they are interested, they could gather the
necessary information quickly. The city needs to consider all new hires coming in
as well.
Responding to Mr. Rocha, Mr. Osika stated that he has a copy of the presentation
from the conference and that he can provide it to the City Clerk’s Office, and they
can send it out to everyone. Additionally, he will get them the contact information
for the representative that Chief Carey used. It was a bit easier for him since he
handled it for the Newark Fire Department, and he was able to work directly with
that representative when the City of Dover hired the new employee in the fire
department. This situation is a bit more complex, as existing employees will also
want to participate, not just new hires. However, he can get that information to
council.
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 21
Ms. Kay Sass, Public Affairs Emergency Management representative and
AFSCME president, wanted to clarify that the unions that she has spoken with are
more than willing to assist. However, she does have a concern about distributing
the PowerPoint that Jason has provided, which she also possesses. It includes
information relevant to both the fire and police sides, and she believed this could
be confusing for city staff. Ms. Sass recommends that they contact the State to
obtain an updated version that removes any information not relevant to our city
employees. This way, they can prevent any potential confusion, and she believes
the necessary changes can be made quite easily.
Phillip Williams, Customer Service expressed concerns on behalf of his team
regarding the establishment of a state pension, which he believes would be highly
beneficial. Having been with the city for nine years, he noted that a pension would
serve as a significant incentive for him personally. He shared that the team is
currently very frustrated and feels overworked due to being short-staffed, leading
to a revolving door of employees.
Mr. Williams believes that introducing a pension could help attract more
candidates to their team. Over the past couple of years, they have experienced an
unprecedented number of vacancies within the city. He emphasized the
importance of considering the implementation of a state pension to retain current
employees and bring in new talent, thereby alleviating the burden on those who
are already in the workforce.
Mr. Hare moved to have staff provide an updated report at the Council
Committee of the Whole Meeting on October 29, 2024, during the Legislative
Finance and Administration Committee session. This report should include
information on the employees who have been contacted regarding their
interest in joining the pension plan, detailing the number of employees who
wish to participate and those who do not. The motion was seconded by Mr.
Lewis and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Sole Vendor Purchase Approval for the VirTra Training System
Chief Thomas Johnson, Chief of Police, reviewed the background and analysis
regarding the sole vendor purchase approval for the VirTra Training System.
Staff recommended approving the sole source vendor purchase for the VirTra
Training System.
Responding to Mr. Lewis, Chief Johnson explained that the majority of the
funding for the VirTra Training System was provided by the State’s Grant in Aid
Legislation. The remaining funds would come from the Special Law Enforcement
Assistance Fund, and he was able to secure a grant over the summer to help cover
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 22
costs. Chief Johnson emphasized that all the funding was fully covered by
external sources, with no financial burden on the city.
Mr. Hare moved to recommend accepting the staff recommendation. The
motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Ms. Arndt and carried by a unanimous roll call vote.
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 8:27 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the
Whole meeting, hearing no objection the meeting adjourned at 8:27 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Ms. Arndt and carried by a unanimous roll call vote.
MONTHLY REPORTS – AUGUST 2024
By motion of Mr. Neil, seconded by Mr. Arndt, the following monthly reports were
accepted by consent agenda:
City Council’s Community Enhancement Fund Report
City Manager’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
Dover Public Library Advisory Commission
Shemaine E. Johnson-Moore - Five -Year Term to Expire June 2029
By motion of Mr. Neil, seconded by Mr. Arndt, the Dover Public Library Advisory
Commission appointment was accepted by consent agenda.
SALE AND DISPOSITION OF EXCESS REAL PROPERTY – 423 COLLINS DRIVE
(DAVID S. HUGG III, CITY MANAGER)
Mr. Boggerty stated that during a discussion at a recent Town Hall Meeting they would sell some
of the properties and use the proceeds to establish a community fund. The fund could be
reinvested back into the community in various ways. One suggestion was to allocate the funds to
incentivize nonprofit organizations or day workers by offering them a small stipend to assist with
cleaning up the area. The initiative could be piloted in partnership with community policing,
using a model similar to “adopt a block” or “adopt a street.” There could be an ongoing program
where individuals volunteer, contingent on the availability of their funding.
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 23
Mr. Boggerty moved to amend the recommended motion by adding all proceeds would be
earmarked for a community development fund. The motion was seconded by Mr. Hare.
Responding to Mr. Lewis, Mr. Boggerty clarified that he was referring to using the proceeds
from the sale of the property at 423 Collins Drive to establish a community development fund.
He suggested that moving forward, whenever properties from the community are sold, the
community should benefit from those sales. It could include reinvesting proceeds into the local
area through initiatives such as leases or partnerships, ensuring that the community sees tangible
returns.
Mr. Anderson explained that the fund and its parameters would be developed by Council in
Committee. It was just an earmark at the time, but the idea was to have the opportunity to
develop it with everyone’s input.
Responding to Mr. Lewis, Mr. Hugg stated that any revenues from properties that are sold go
into the general fund. It is simply part of the appropriation that is done each year in the budget.
Responding to Mr. Lewis, Ms. Marney stated that the revenues that they receive go into the
general fund and help with any short flows in the budgetary process.
Responding to Mr. Lewis, Mr. Hugg stated that it should not hurt them if they take the money
and decimate it somewhere else when budget time comes.
Responding to Mr. Anderson, Mr. Hugg explained that any unexpected revenue from property
sales would typically be classified as miscellaneous revenues and be deposited into the general
fund. During the budget process, these funds would contribute to the overall fund balances
allocated to various budget items. He noted that it is not unusual for municipalities to have
dedicated funds, such as a park reserve fund, which is specifically used for park-related purposes
that arise from land developments where there is not adequate space for public parks. There are
other options in which the funds from property sales, based on selected criteria, could be set
aside for future use.
Dr. Sudler expressed his support for the conceptual model, emphasizing the opportunity to
engage small business contractors in cleanup efforts within the City of Dover. He noted that
while these contractors would like to be compensated, the amount does not need to be
substantial; rather, it should enable them to secure bids. This approach would allow minority and
small business contractors, who often lack Type C insurance, to compete for larger projects by
providing them with opportunities to bid on smaller, local initiatives. Dr. Sudler highlighted that
this strategy would not only aid in cleaning up the city but also support small businesses,
creating a win-win situation for both the community and the contractors. He suggested that
allocated funds could be utilized to facilitate this process, allowing small businesses to
participate meaningfully in city projects and ensuring they receive a fair opportunity for
contracts typically awarded to larger companies.
Mr. Boggerty expressed his concerns that the funds are not always guaranteed. He pointed out
that there was enthusiasm from local individuals in Dover about the opportunity to participate,
but the lack of guaranteed funding could pose an issue.
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 24
Mr. Neil suggested that the Council establish specific parameters for the allocation and
expenditure of funds. For example, they could agree to spend only a portion of the fund if a
minimum threshold is met, such as providing $25,000 only if they receive at least $50,000. He
emphasized the importance of determining who would receive funds and in what amounts. The
key is to secure approval and then hold a Council Committee of the Whole meeting to discuss
how to manage the available resources.
Responding to Mr. Lewis, Mr. Boggerty stated that yes, they are just using that property as an
example because that is their primary focus now, but all areas, such as the Lincoln Park and
Stoney Creek Development, there are other areas that it would assist with, it would not be just
native to downtown but spread throughout the city to help beautify the city.
Responding to Dr. Sudler, Ms. Duca stated that they are collaborating with the police department
in the areas of Lincoln Park and Stoney Creek. She mentioned that the police have some ideas in
mind to address the concerns and aim to implement them sooner rather than later, assuring that it
is on their radar.
Dr. Sudler suggested that, since there is already a pole set up near Bertrand Drive, a black
camera similar to those on College Road and in other locations should be installed. He noted that
this would be a good opportunity to help deter illegal dumping in the area.
Responding to Mr. Lewis, Ms. Duca explained that there have been instances in the past where
streetlights were shot at, as evidenced by the glass found on the fixtures. This raises concerns
about potential damage to cameras, particularly the surveillance cameras identified for use in the
area. She noted specific concerns from DNREC and similar agencies regarding the loaning of
their cameras due to the risk of damage. Ms. Duca indicated that they are collaborating with the
police department on an enforcement grant. This grant would facilitate the acquisition of cameras
similar to those already deployed in the field, providing a more permanent solution for the area.
She mentioned that there are several cameras located throughout the city.
Police Chief Johnson stated that they have been examining the problem for some time. He
mentioned that when a new grant opportunity was announced in the email thread, they realized
they had some flexibility with an existing grant they already possessed. In addition to the Burn
grant and the JAG grant, they are working to find space in their current grant award to add
camera capabilities in the areas being discussed, as well as other locations.
Chief Johnson noted that there are longer-term plans that would involve better infrastructure to
provide wider visibility. Unfortunately, it is a waiting game for the contractor with the expertise
needed to integrate into the fiber system. This process is more complex than simply splicing and
attaching components. He emphasized that they are making slow and steady progress and may
have an upcoming meeting to explore tapping into an existing program.
Mr. Rocha suggested connecting with the Dover Housing Authority to explore potential
synergies, particularly in light of the mention of Lincoln Park. He proposed that, in cases of
evictions or residents moving out, increased monitoring should be implemented as they exit the
premises. Additionally, Mr. Rocha recommended providing a dumpster during these transitions
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 25
to facilitate the disposal of unwanted items. He emphasized the importance of discussing
available resources with the Housing Authority to ensure a coordinated approach.
Mr. Anderson stated that the Dover Housing Authority has been very cooperative with them
regarding cleanup. He noted that much of the debris appears to be dumped from out of town. He
added that implementing the proposed measures could help eliminate one potential source of the
issue.
Dr. Sudler expressed concerns regarding safety issues stemming from individuals placing beds
and flammable items in the area. He emphasized that even something as simple as lighting a
match or smoking a cigarette nearby could ignite a fire. Dr. Sudler clarified that his focus was
not only on environmental pollution but also on the significant fire hazard this situation presents.
Responding to Dr. Sudler, Chief Carey reported that early in the morning, there was a suspicious
fire on the highway that the fire marshal’s office is currently investigating. He indicated that the
fire likely originated from the trash that had accumulated along the fence. Chief Carey
emphasized that this poses a potential hazard throughout the city, particularly in areas prone to
illegal dumping.
Dr. Sudler emphasized the importance of prioritizing the installation of cameras in areas where
illegal dumping occurs. He advocated for placing one of the black cameras in these locations to
provide relief to the community. Dr. Sudler noted that if a camera can be installed on College
Road, then similar measures should be taken in areas experiencing dumping. He highlighted that
residents want to take pride in their community and that, as representatives, they must ensure that
community resources are utilized effectively, enabling residents to live in a clean and safe
environment.
Mr. Hare made a motion to approve the sale as amended, seconded by Mr. Rocha.
Responding to Mr. Lewis, Mr. Anderson clarified that the property was being sold for $24,000
from the vote at the Committee of the Whole Meeting on September 24, 2024.
Mr. Hare made a motion to approve the sale as amended. Mr. Rocha seconded the motion
and carried by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
ETHICS COMMISSION
Dr. Samuel B. Hoff – to fill the unexpired term of Jonathan Sadlowski – term to expire
July 31, 2026.
Dr. Sudler made a motion to adopt the appointment of Dr. Samuel Hoff to the Ethics
Commission, seconded by Mr. Hare, and carried by a unanimous roll call vote.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg wanted to recognize Tim Bailey from the Central Delaware Habitat for Humanity. He
acknowledged that they have been working closely with Habitat for Humanity for several years,
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Item #6.
CITY COUNCIL MEETING OF OCTOBER 14, 2024 PAGE 26
trying to identify properties that fit within their mission. Mr. Hugg commended the remarkable
work Habitat for Humanity has accomplished in the city and expressed his appreciation for their
efforts.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen had no announcements.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Boggerty recognized Mr. Wolfgang and his staff at the City of Dover Warehouse. They were
down to 30,000 test kits left and they gave 10,000 test kits to the YWCA for their work
throughout the state last week.
Mr. Anderson announced that the council meeting scheduled for November 11, 2024, would be
canceled in observance of Veteran’s Day. He also noted that the Committee of the Whole
meeting would take place the following day, November 12, 2024, if there were items on the
agenda.
The meeting adjourned at 8:25 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of October 14, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Page 34
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Item #7.
Economic Development Committee
Meeting Minutes
November 14, 2023
The Economic Development Committee Meeting was held in person and by video conference on
November 14, 2023, at 4:00pm with Mayor Robin R. Christiansen presiding.
Committee Members present in person or via video were Mayor Robin R. Christiansen,
Councilman David Anderson, City Manager Dave Hugg, Kim Adams and Diane Laird. The guest
present was Michael Glick of Lighthouse Construction. Absent was Councilman Andre Boggerty
and Clay Hammond. The public present in person or via video was Todd Stonesifer of Downtown
Dover Partnership, Ken Anderson of Downtown Dover Partnership, Donny Legans of Rail Haus,
Tina Bradbury of Downtown Dover Partnership, Marilyn Smith of Kent County MPO, Tom
Kramedas of Axia Hotel Group, and Dr. Dina Vendetti of Central Delaware Chamber of
Commerce. Staff members present were Dawn Melson Williams, Yvonne Martine, and Brandy
Ridgeway.
WELCOME
The meeting will be called to order at this time with a quorum. Councilman Anderson moved to
approve the agenda. Seconded by Diane Laird. Agenda stands adopted as presented. Adoption of
the Minutes from the Economic Development Committee meeting on May 9, 2023. Moved by
Diane Laird. Seconded by Councilman Anderson. Motion is carried and the minutes have been
adopted.
LGPI VA LLC – Redevelopment of the Old Dover Post Office presentation by Michael Glick
(President of Lighthouse Construction, Inc)
Mike Glick reviewed the presentation entitled “Old Post Presentation” Exhibit #1.
Responding to Council President Anderson, Mr. Glick stated that they are studying a combination
of 1-bedroom and 2-bedroom apartments which is one of things they are reviewing right now in
the market as far as what is the right fit. Part of our due diligence will be surveying the existing
structure as well to see if they can potentially get two stories in the existing structure which would
make some neat loft apartments. Again, they are in the early stages of that and evaluating all
options.
Responding to Council President Anderson, Mr. Glick stated that their goal is to keep as much of
the existing structure as possible. Right now, the concept plan is for just the loading dock area to
be removed.
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Item #7.
Responding to Council President Anderson, Mr. Glick stated that timewise is 4 – 6 months they
plan to submit to the Historical Society which would be the first step and then from there that kicks
off 4- 6 months of approvals through the City of Dover and outside agencies so they can
potentially put a shovel in the ground by the end of 2024.
Responding to Todd Stonesifer regarding parking spaces, Mr. Glick stated that they plan to match
the apartment count.
Responding to Diane Laird, Mr. Glick stated that the rooftop terrace amenities is for private access
for the units above. In addition, they are considering retail or restaurant for the first floor.
Responding to Ken Anderson, Mr. Glick stated that he doesn’t know if there is any desire to mimic
the outside architecture of 120 S. Governors Avenue. They felt strongly that this building and the
history is very important to the City of Dover, but they want it to stand alone but not stand out and
carry forward what it always has been.
Downtown Dover Partnership – Status on Grant Money and Economic Development
Projects presentation by Diane Laird (Director of Downtown Dover Partnership)
Diane Laird reviewed the presentation entitled “DDP Presentation – Downtown Dover Master Plan
Implementation” Exhibit #2. Additional speakers during the presentation were Donny Legans of
Rail Haus, Marilyn Smith of Kent County MPO, Ken Anderson of DDP, Dave Hugg of City of
Dover and Tina Bradbury of DDP.
Responding to Council President Anderson, Tina Bradbury created a boundary that they submitted
so the boundary will encompass the former bid districts and downtown development district to get
the best available sites. They have had success already with the Inner-City Cultural League which
has been a wonderful brownfield remediation site and now houses a wonderful program for our
youth as well as the property behind Inner Faith.
Responding to Council President Anderson, Ms. Bradbury stated that there is state funding
available for properties that they don’t currently own. If they don’t own the property, they can get
state funding and enter into an MOU to be able to access state funds first and then federal funds
which gives better maximization of the funding available. Federal funding can be used for
properties that the own and properties that they are looking to acquire.
Diane Laird stated that they are lucky to have Tina who has already done a number of these
remediations and grants. They are in need of these services and this funding. The million dollars
is just the start there are many millions after we spend 50% of the first million so we are
positioning very well, and we can act as the liaison with those that own property or those that don’t
and develop MOU’s and really move things along and that is a lot of money. Also want to
mention that Todd is probably the only unpaid member of our team that spends as much time on
this kind of stuff as we do. We’d be happy to come back in a few months and report on some of
the progress because things are starting to move quickly.
Responding to Mayor Christiansen Tom Kramedas is excited about the post office project and
hopefully that is the beginning and hope to do some more. Mayor, Mr. Hugg, and Mr. Anderson,
thank you.
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Item #7.
ANNOUNCEMENTS
Mayor Christiansen stated that the Home for the Holidays Celebration will be in front of City Hall
at 5:00pm on the 30th of November assisted by the great folks of the Central Delaware Chamber of
Commerce. Cristal Brenneman, city staff, Mayor Christiansen and others have put this together.
Once again this will showcase downtown. And my daughter is coordinating our Dashing Through
Dover (Electric Light) Parade on the 16ht of December at 6:00pm so it’s going to be a great event.
And I want to say one last thing before I announce the next meeting: I have those little buttons that
say, “I believe in Dover” and judging by the folks and projects that we have coming along I know
that you all believe in Dover too. Tina Bradbury added that December 9, the Dover Police
Department, Habitat for Humanity, Neighborgood Partners/Restoring Central Dover are hosting
the Hometown Holidays on Legislative Mall from 12:00pm – 4:00pm.
NEXT MEETING DATE
January 9, 2024, at 4:00pm
ADJOURNMENT
Mayor Robin R. Christiansen made a motion to adjourn the meeting and has been moved and
seconded by Diane Laird. Mayor Christiansen called the meeting adjourned at 5:00pm.
Exhibits
Exhibit #1 – Old Post Presentation (Mike Glick, President of Lighthouse Construction, Inc.)
Exhibit #2 – DDP Presentation – Downtown Dover Master Plan Implementation (Diane Laird,
Downtown Dover Development Director)
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EXHIBIT #1
Item #7.
THE
OLD POST
An Adaptive Reuse Mixed
Use Development
55 E. Loockerman St | Dover, De
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EXHIBIT #1
Item #7.
TEAM ORGANIZATION
THE
OLD POST
THE OLD POST
Development Team
Axia Hotel Group F.A.D. Management Lighthouse Construction, Inc.
Thomas Kramedas Francis DiMondi G. Michael Glick
President President President
Page 39
TEAM ORGANIZATION 2
Page 40
EXHIBIT #1
Item #7.
THE
LOCAL INVESTMENT OLD POST
Page 40
TEAM ORGANIZATION 3
Page 41
EXHIBIT #1
Item #7.
PROPOSED DEVELOPMENT
THE
OLD POST
(2) 2,500 SF
RETAIL UNITS
30
APARTMENT UNITS
2,000 SF
BUSINESS
Intersection Loockerman St & Legislative Ave
Page 41
PROPOSED DEVELOPMENT 4
Page 42
EXHIBIT #1
Item #7.
THE
Loft Apartments OLD POST
Retail Parking
Common Loft Apartments
Space
Retail
Courtyard
LEVEL 1 LEVEL 3
Loft Apartments Loft Apartments
Office
Space
Balconies
LEVEL 2 LEVEL 4
Page 42
PROPOSED DEVELOPMENT 5
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EXHIBIT #1
Item #7.
THE
OLD POST
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PROPOSED DEVELOPMENT 6
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EXHIBIT #1
Item #7.
THE
OLD POST
Page 44
PROPOSED DEVELOPMENT 7
Page 45
EXHIBIT #1
Item #7.
THE
OLD POST
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PROPOSED DEVELOPMENT 8
Page 46
EXHIBIT #2
Item #7.
City of Dover
Economic Development Committee Meeting:
Downtown Dover Master Plan Implementation
11-14-23
Diane Laird, DDP Executive Director
Ken Anderson, DDP Property Development Director
David S. Hugg, III, Dover City Manager
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EXHIBIT #2
Item #7.
Transforming Downtown Dover
Capital City 2030
DOVER, KENT COUNTY, DELAWARE
• Critical Improvements Program
• New Businesses
• Engaging the Community
• Downtown Dover Pathways
• Site Readiness & Redevelopment
• City of Dover
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EXHIBIT #2
Item #7.
Critical Improvements Program
• Critical Improvements Program
• Coney Island Hot Dog
• 215, 221, 225 W. Loockerman
• Rail Haus
• Funds allocated $1.15M
• Leverage: $1 : $5
• Application to relaunch
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EXHIBIT #2
Item #7.
Coney Island Hot Dog
Doug Ferris, Property Owner
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EXHIBIT #2
Item #7.
Multiple properties: 215, 221, 225 W. Loockerman St.
Kim Adams, Property Owner
• Gingo Xpress grab ‘n
go grocery
• Eat-in restaurant with
new commercial
kitchen
• Multiple market-rate
residential apartments
• Expanded offices of
Mountain Consulting
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Rail Haus
EXHIBIT #2
Item #7.
Donny Legans, Co-Owner of
Delaware’s first year ‘round
beer garden
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EXHIBIT #2
Item #7.
Other new businesses…
• Key to Life Juice Bar
• Uncle Paulie’s Discount
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EXHIBIT #2
Item #7.
Other new businesses…
• The Hive on Loockerman LLC
• Stone Rail Market
• The Wedding Boutique (expanded space)
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EXHIBIT #2
Item #7.
Engaging the community…
www.DowntownDoverPartnership.com
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Downtown Dover Pathways
EXHIBIT #2
Item #7.
Marilyn Smith, Executive Director
Dover Kent MPO
Supporting bike
travel through a
grant from Dover
Kent MPO!
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
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EXHIBIT #2
Item #7.
• Conduct additional focus groups with
specific stakeholders
• Gather additional data from Public
Engagement mapping tool
• Develop and analyze alternatives
• Public Workshop #2
• Develop final recommendations
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EXHIBIT #2
Item #7.
Site Readiness & Redevelopment
Ken Anderson
DDP Property Development Director
• Site-readiness initiatives
• Update 120 S. Governor’s Ave redevelopment
• MOU to Letter of Agreement
• Multi-modal transportation hub
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120 S. Governor’s Avenue concept
EXHIBIT #2
Item #7.
Page 65
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EXHIBIT #2
Item #7.
But first…
Dave Hugg, III
City Manager
Application for rezoning to C2 submitted
• Three workshops held
• December first reading
• Target completion: February 2024
Request to extend DDD Boundary by 14
acres submitted to OSPC.
• Meeting to review held with OSPC/DSHA
• Scheduled for consideration by Cabinet
Committee: January
Utility easement for drainage and agreement for parking being drafted. Page 66
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EXHIBIT #2
Item #7.
East End Gateway to the Business District…
Dave Hugg, III
City Manager
• “Old Post” Agreement of
sale pending signature
(completed negotiations).
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Item #8.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on October 15, 2024, at 6:00 p.m. with Council
President Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty,
Mr. Hare, Mr. Lewis (arrived at 6:17 p.m.), Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Dr. Sudler.
Mayor Christiansen was also present. Civilian members present for their Committee meetings
were Mr. Tholstrup, and Mr. Lewis (Parks, Recreation, and Community Enhancement), Mr.
Wilson (Utility), Mr. Garfinkel, and Mr. Shevock (Legislative, Finance, and Administration). Mr.
Iriowen (Utility) was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Council Reports – September 2024
First District
Dr. Pillsbury had no report to give as she was away attending her granddaughter’s wedding in
Europe.
Mr. Rocha reported that he responded to a constituent complaint in Bicentennial Village where
their driveway backed up to the intersection. Therefore, the stop sign at the intersection is right in
front of the house. By state law, a car cannot be parked within 30 feet of the stop sign, which meant
they had to move their car back. The city unable to assist did go out and paint the curb back 30
feet in yellow to identify that it is a hazard. He also reported working with Mr. Boggerty to pick
up nine hundred COVID-19 test kits to be handed out to daycare centers, homes, and at Senator’s
Day. He also spoke with the Dover Colonial Rotary Club, updated them on the downtown Mosaic
Plan, and listened to their concerns on their perception of the increased crime activity within the
city. He participated in the opening of the Dover Interfaith Mission of Housing Women and
Children's Center on Walker Road. He also met with the executive team for the Unsheltered
Working Group to finalize the draft plan and PowerPoint presentation to be presented at the
October 29, 2024, Legislative, Finance, and Administration Committee meeting. Lastly, he
reported that he had been working with Housing and Urban Development to coordinate a federal
resource fair for local agencies that work with the homeless that should be scheduled for November
13th at the Dover Christian Church. He stated he would circulate the flyer once it is received.
Second District
Mr. Hare reported that he and Mr. Lewis both attended the grand opening of the Dover Interfaith
Mission of Housing Women and Children’s Center on Walker Road. He also reported that he
received a complaint on Lynn Haven Drive of trees that were hanging over some wires and the
neighbors were concerned. He explained that Ms. Duca had a team out there the same day and the
neighbors were very happy.
Mr. Lewis reported that he attended the Delaware State University Homecoming Parade and the
grand opening of the Dover Interfaith Mission of Housing Women and Children’s Center on
Walker Road. He also stated that on October 27, 2024, he will be assisting with a community
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COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 2
Item #8.
cleanup held by the Fairy Godsisters of Delaware State University. He stated he would also be
coordinating with them to do a cleanup in some neighborhoods in the second district.
Third District
Mr. Neil reported that he attended a Construction and Property Maintenance Code Board of
Appeals meeting on September 11, 2024, a Council President Agenda meeting, and the meeting
with Senator Tom Carper at the Garrison Track as a farewell to things he had a hand in taking care
of. He also attended the Delaware Municipal Electric Corporation dinner, interviews for a Finance
Director, council meetings, and Downtown Dover Partnership meetings. He also attended the
Dover Police Department promotions and awards ceremony on September 9, 2024. On October 7,
2024, he attended the Legislative Task Force on Housing. He attended a Zoom meeting that was
from the White House regarding the announcement of the lead pipe removal program. He also
attended the grand opening of the Dover Interfaith Mission of Housing Women and Children’s
Center on Walker Road. He sent out a third district alert on the Know Before Scams regarding
emergency relief for hurricanes. He met with a constituent who was cited for parking big gaming
buses for kids in Patriot Village. He reported that he spoke with a constituent from East Lake who
felt she was being treated unfairly with the new stormwater charge. He explained that an Enterprise
Fund was created rather than increasing the tax rate, which would have been much higher. He
continued exchanges with constituent complaints on a rental property at 307 North Governors Ave.
He also received a complaint for the lack of lighting at a spot on Townsend Boulevard after lines
were buried in the area. He assisted a Wild Meadows resident, who had a disability, in securing a
mailbox at their door instead of using a community mail site. He passed on thanks to staff from a
constituent concerning the new pavement on Bradford and State Street. He also addressed a
constituent concern about how far north cameras would go as a part of the Downtown Master Plan.
Ms. Arndt had nothing additional to add.
Fourth District
Dr. Sudler reported that he participated on September 29, 2024, in a fish fry to benefit veterans at
the Delaware Veterans Post 2 located on Pear Street. He met with Bishop Lott to discuss some of
the loitering and litter issues that are happening in the community and the possibility of conducting
a community welfare day. He met with Pastor Lomax to discuss the ongoing issues regarding
individuals loitering on New Street in front of her church. He also met with Ms. Haith who resides
on Conwell Street to discuss the overgrowth of trees that are impeding the electric wires leading
to her home. He attended the mayor’s town hall and met with Ms. Kim Adams to discuss her
concerns about being a merchant and their safety.
Mr. Anderson reported that they have an overlap of concerns and Dr. Sudler covered them well.
He reported that there have been a number of complaints regarding loitering and prostitution. He
has had some constituents express interest in a parking permit for handicapped parking. The
information is collected for the individual who is requesting the parking, but anybody can park
there and the people that it is intended for cannot use it. They feel it would be better to have
dedicated parking and pay a permit fee. He reported that they held a town hall meeting which had
some positive feedback. One of the concerns from that meeting was trash on Reese Street adjacent
to Simon Circle. The city is putting up no dumping signs and code enforcement has been out there
a few times. Another concern was speeding on Slaughter Street, the radar sign was not working
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properly so that is in the process of being fixed. Police presence is being increased on Bertrand
Drive and Lincoln Street where there have been some issues.
At-Large
Mr. Boggerty reported that they met with interested individuals at Union Baptist and discussed
one of the plans. A temporary name is “Beautify the Capital City Campaign”. The goal is to
incentivize individuals and organizations to help clean up the city. He reported that he attended
the Senator Carper event, the Dover Interfaith grand opening, and the Delaware Tech ribbon
cutting. He reported he has been working with Group Violence Intervention (GVI) and that he
received a request from a 55+ community asking how they can assist in resolving some of the
youth violence. He spoke to GVI and is trying to connect the two to possibly start a grandparent
mentoring program. He reported that he attended the League of Local Governments dinner and
challenged the Council President to get them the nice name badges like the other municipalities.
He worked with a constituent to resolve a tree issue and met with a business in Wilmington that is
interested in moving to Dover. He also stated that he feels like his integrity has been in question
for doing his job. He attempted to work with Pastor Lomax for some months. He spoke with the
presiding bishop who mentioned that they were thinking about selling. He suggested that they do
not sell the business because of all the investments that are going on downtown. The property is
of great value. He explained that if he was in his old business world and if it was not a conflict of
interest, he would have purchased the property. He stated that he received a text accusing him of
attacking the church for his own personal interest, but he has no interest in purchasing that church.
He explained that he was encouraging them to do the work, and he has emails to support that. He
stated that he told Pastor Lomax to speak with Ms. Rita Paige, Ms. Tracy Palmer, and Bishop
Boggerty to show that the community would get behind them. He also suggested that she speak to
Harold Stafford to help with the energy efficiency of the building. He stated that his words were
twisted, and he has been accused of attacking the church to purchase the building. The church
would not fit his church’s needs as the church is growing and he has other interests. He stated that
he wanted to help move the needle forward so that the church could become a viable part of the
neighborhood, and to do anything he could to help address their issues. He explained that he even
tried to address their lien issue when they found out they had a lien on the property. He stated that
if the harassment continues, he will be forced to take the appropriate action.
Council President Anderson
Council President Anderson reported that to better serve the community it is crucial to have access
to information in real time. He thanked the City Clerk’s Office for helping develop a council
resource page in Teams, that all of council will have access to as a resource. He reminded council
that it is not a communication tool because then it would be open to the Freedom of Information
Act. He explained that council will be able to pull reports, the budget, and pending ordinances
without having to go into the packets. He also reported that Ms. Duca is working on phase two of
a project that will help with constituent issues and links to the Geographical Information System
(GIS) to allow council to track constituent issues or what type of work is being done on a specific
street.
Discussion – Dream Association and Field of Dreams Football Program within the City of
Dover (La Mar Gunn, Dream Association Founder)
Mr. La Mar Gunn, Dream Association Founder, reviewed a letter addressed to the City of Dover,
Council Committee of the Whole Meeting (Attachment #1).
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This item was informational, and committee action was not required.
Mr. Gunn asked how do kids from New Street or Queen Street realize Dr. King’s dream. He
explained that through positive programming that allows opportunities to grow. He stated that he
would like to encourage the city to join into a partnership or investment with the Dream
Association.
Mr. Gunn explained that in one of the first pictures on the screen, the kids are wearing DRIP T-
shirts. He explained that he spun one of the famous sayings among school kids into something
from a financial literacy standpoint. In their Camp Wall Street program, DRIP stands for the
Dividend Reinvestment Program (Attachment #2). Through the football program, they are
teaching the kids to not only wear Nike but also to own Nike. All of the kids have investment
accounts and attend shareholder meetings.
Mr. Gunn explained in order to change the game of football and better support the community he
has invested in computers for the helmets that track every single tackle. He invested in 150 helmets
with monitors so that if anything happens on the field that is high impact the sensor buzzes. The
data tells him where he can better teach a child to keep their head out of the tackle to avoid chronic
traumatic encephalopathy (CTE) which benefits them long term. His goal is to track kids from age
six all the way up to Dover High School.
Mr. Gunn stated that activities for kids after school are crucial, however, many teams around town
are using car lights and flashlights. He explained that he has been fortunate enough to rent
construction towers so the kids have lights, but he would like to put up stadium lights. He asked
that council consider making a small investment in helping to support the youth in the Dover
community.
Dr. Sudler stated that he is committed and interested in seeing what he can do regarding assisting
Mr. Gunn. He explained that there is a huge need, and it is very commendable what he is doing.
He thanked Mr. Gunn for the amount of time, energy, and money that he has spent investing in the
future generation.
Responding to Ms. Arndt, Mr. Gunn stated that he is pursuing grant opportunities but between his
business downtown, family, and work on the field, his time is limited, and he is not an expert in
grants.
Ms. Arndt stated that maybe they could schedule some time to sit down and discuss the details and
see what kind of grant opportunities there might be that the city could help him with.
Responding to Mr. Boggerty, Mr. Gunn noted that the average cost for a child to participate in
football is approximately $750, while involvement in the cheer program averages around $1,500.
He explained that ninety percent of the kids cannot afford the fees, so they try to fundraise and
work on scholarships, or he will pay out of his own pocket.
Responding to Mr. Rocha, Mr. Gunn stated that currently the Field of Dreams is located at 263
Lewis Drive, and that is where most of the sports activities are held. Crossroads Church houses
the cheer program, but they are in the process of building their own facility. His office downtown
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is where the homework sessions and Camp Wall Street are held. Also, they have a partnership with
Delaware State University to use their training floor to teach the kids financial literacy.
Mr. Rocha stated that he would like to join Ms. Arndt in the discussions of partnering together to
figure out how they can help him.
Mr. Gunn stated that next month, they are going to launch a before-practice homework session on
Wednesday nights to help get the kids up to speed on reading and math because many of the kids
across the state are underperforming in those areas.
Mr. Neil recommended reaching out to the Philadelphia Eagles since Dover is their territory
because the program fits into the NFL’s PLAY 60 program. He explained that the Eagles players
have numerous community foundations and are contributing funds to help offset the significant
expenses involved.
Dr. Pillsbury stated that her questions were answered but she will do whatever she can to help.
Public Comment
Beverly Henry, 101 Babb Drive Apt 3401, Dover, clarified that Sojourners accepted drug addicts,
alcoholics, and people finishing a jail sentence. They rehabilitated them and allowed them to stay
until they were able to find homes, get their families back, or gain life skills to get back into society
and function. She explained that she is willing to do the work, but she needs a contact person who
can point her in the right direction.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Introduction of the New Parks and Recreation Director – Roger Ridgeway
Mr. Roger Ridgeway, Parks and Recreation Director, shared background information about
himself. He stated that he had just completed his 11th year with the City of Dover. For the last six
years, Mr. Ridgeway has been the Grounds Division Supervisor. He explained that he truly enjoys
working for the city and has great colleagues. He has been involved in everything from purchasing
to budgeting and has experience citywide. He stated that he looks forward to the challenge and
thinks that it will be great.
Mr. Ridgeway provided an update on the community building at Dover Park. He stated that they
are actively painting, and the floor should be going in by the end of the week. The contractor is
estimating that the project will be complete by the end of December. He stated that the splash pad
tank had to be custom made so it was on backorder, however, it has arrived on site. The splash pad
construction should start the following week. The playground equipment at Dover Park is on site,
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and the plans are in the process of being finalized. The playground installation company stated that
the installation should be completed by spring.
The Schutte Park Skate Park plans are being finalized and should be going out to bid within the
next few weeks. The DIY Skate Park concrete pad purchase order went out the previous week and
the installers should be reaching out with a start date of when the concrete pad will be poured in
the next few weeks.
This item was informational, and committee action was not required.
Responding to Mr. Anderson, Mr. Ridgeway stated that the plan is once both the Skate Park and
the DIY Skate Park are complete, they will intertwine and connect.
Responding to Mr. Rocha, Mr. Ridgeway stated that there are currently gates on all three parking
lots at Schutte Park. The Pitts Center has a gate, and both stone parking lots have gates. The police
department locks the gates at nighttime and staff unlocks them in the morning.
Responding to Mr. Rocha, Mr. Ridgeway stated that there is no gate on Electric Avenue, only on
the three parking lots. He explained that there must be access to the back for the Little League Park
and the Dover Fire Department needs access in case of a fire.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting, hearing no objection the meeting adjourned at 6:59 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously
carried.
Update to the City of Dover Wastewater Master Plan (Jason Lyon, Water/Wastewater
Director)
Mr. Jason Lyon, Water and Wastewater Director, reviewed the background of the City of Dover
Wastewater Master Plan.
Mr. Ryan K. Minnick, PE, of Verdantas, reviewed the 2024 Wastewater Master Plan Update.
Staff recommended accepting the Wastewater Master Plan and utilizing it as a guide for the future
of the wastewater utility.
Responding to Dr. Sudler, Mr. Lyon stated that they have data from the last five years on how
often they have to utilize the jet trucks to clean the pipes. The city’s pipes are flat, and when the
pipes are flat, things settle. There could be some deposits down there that could cause a backup,
which is the last thing anyone wants to hear. He stated that they have data that shows how often
water is being used and they can dictate that if less water is being used, other areas which can be
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done. Some things like restaurant areas need to be done more frequently because of grease and rag
issues. He explained that they had already started the process of becoming more efficient with
energy and time.
Responding to Mr. Rocha, Mr. Lyon stated that there are county pipes that run through the city,
through different pump stations that accept the flow from the north like Smyrna. The difference in
ownership of the pipes is at the point where they interconnect into the county force main that takes
the flow down to Frederica, that is where the city stops.
Responding to Mr. Rocha, Mr. Lyon stated that the pump station by Del-One is a force main and
is county-owned.
Responding to Mr. Rocha, Mr. Lyon stated that the county is currently doing their own master
plan, and they are taking the condition and materials into account. They have been doing repairs
along Route 13 and Silver Lake Park.
Mr. Sudler moved to recommend accepting the staff recommendation to accept the
Wastewater Master Plan and utilize it as a guide for the future of the wastewater utility. The
motion was seconded by Dr. Pillsbury and unanimously carried.
Lead and Copper Rule Outreach Requirements (Jason Lyon, Water/Wastewater Director,
and Kate Mills, Water Production Manager)
Mr. Jason Lyon, Water and Wastewater Director, and Ms. Kate Mills, Water Production Manager,
reviewed the background and analysis of the federally mandated Lead and Copper Rule
requirements.
This item was informational, and committee action was not required.
Responding to Dr. Sudler, Ms. Mill stated that starting in 2027, they have to replace 10 percent of
the service lines that need to be replaced, every year until 2037. She explained that their main
focus is trying to get an accurate inventory and get the unknown number down before 2027.
Responding to Dr. Sudler, Ms. Mills stated that the main thing she would ask is that council
continues to ask their constituents to fill out the surveys if they have not. However, as far as the
regulation coming out in 2027, there is no requirement for the customer to replace their portion of
the service line, it is all on the water systems across the United States. If they begin replacing
service lines in 2027, and they inform a customer that their line is required to be replaced, the
customer can say they do not want to replace it, and that would be the end of it. There is no
requirement on the customer's end to replace their portion. The city will continue to replace its
portion of the lines, but there will not be a financial burden on the customer.
Responding to Ms. Arndt, Ms. Mills stated they are working with the Office of Drinking Water to
approve the predictive modeling like Ms. Arndt had suggested. Once they receive approval, they
will choose specific locations for spot checks. Based on the materials found, they will update the
inventory for the entire neighborhood.
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Responding to Mr. Anderson, Mr. Lyon stated that the Bipartisan Infrastructure Law funding will
be ongoing for at least the next five years, and they specifically have earmarked money for the
task. As a team, they are currently doing a water and wastewater rate study to take all of those
things into consideration. He explained that all the information would be included in the next
budget submission with a five-year outlay. He stated that they have to take into consideration if
they are going to go that route that they account for prevailing wage and the cost of products.
Having that funding would offset the cost and help the ratepayers, so they will have to juggle all
those items to see what is more efficient.
Responding to Mr. Anderson, Ms. Mills stated that with any federal funding, the more quickly you
are ready to receive funding, the higher the chance that you get that funding. They are always
looking for project-ready or groundbreaking projects. Therefore, the more information that can be
collected to complete the inventory the better their project will be when they present it. She
explained that they would like to be able to go in and say these are the exact locations that the city
needs to replace the water services, and they would like to get grants to do these.
Responding to Mr. Rocha, Ms. Mills stated that when the surveys are sent out, there are instructions
on the back of the letter that explain that all the customer will need is a magnet and a key. If the
magnet sticks, it is this type. If it does not stick, go to the next step and try to scrape that water
service line with a key. If that does not work, or they are not sure, they can call the office directly.
A staff member will go out to help identify what service line material they have.
Responding to Mr. Anderson, Ms. Mills stated that there are several methods to complete the
survey. Surveys can be returned by mail or email, and a QR code is available for online completion.
Additionally, participants can visit the website to access the survey and fill it out online, or they
can use the drop box located at customer service.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the
meeting adjourned at 7:39 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Garfinkel moved for adoption of the agenda, seconded by Mr. Shevock and unanimously
carried.
Discussion – Chapter 30 – Standards of Ethical Conduct and Ethics Commission (Nicholas
H. Rodriguez, City Solicitor)
Mr. Nicholas H. Rodriguez, City Solicitor, reviewed the background and analysis of Chapter 30 –
Standards of Ethical Conduct and Ethics Commission.
Committee recommended instructing staff to draft appropriate ordinance amendments to reform
the Ethics Commission process.
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Item #8.
Responding to Dr. Sudler, Mr. Rodriguez stated that they would need to obtain approval from the
State Commission and then if the approval is granted, the code could be amended.
At the request of Dr. Sudler, Ms. Arielle Rivera, Assistant City Clerk, read into the record the
current code and the proposed code revisions as follows:
The current code reads that if the respondent is a city official, the commission may propose actions
to the city council that are appropriate to the finding as specified in section 30-73(o).
The proposed ordinance modification would be if the respondent is an appointed or elected city
official, the commission will request professional assistance from a state agency to aid in the
discharge of its duties to propose actions to the city council that are appropriate to the findings as
specified in section 30-73(o), under ARTICLE III. ETHICS COMMISSION. Sec. 30-72. Powers
and Duties.
Also, (10). Request city agencies for assistance. To request appropriate city agencies to provide
such professional assistance as it may require in the discharge of its duties.
Dr. Sudler stated that he is in support of recommendation number two to alleviate the concerns of
bias when it comes to council people or appointed or elected officials.
Responding to Mr. Rocha, Ms. Andria Bennett, City Clerk, stated that when Mr. Rodriguez and
she spoke, they agreed that if there were specifics that came in against elected officials or
appointed, they would have to get permission from the State Commission. Mr. Rodriguez
previously expressed his willingness to write a letter requesting that the State Commission have
jurisdiction moving forward. If they agree, the ordinance and code can be amended accordingly.
She explained that where Dr. Sudler mentioned professional assistance from a state agency, it
would be the Public Integrity Commission. However, they would have to go to their board to get
permission to allow the city to have that exception because the recommendation is not to take away
the Ethics Commission altogether. It is so that there are no further issues as Dr. Sudler explained,
questioning the integrity of the process when it comes to an appointed or elected official. If it met
those criteria it would go to the Public Integrity Commission, but that would have to be decided
by council so that Mr. Rodriguez could take action requesting that from their board.
Responding to Ms. Arndt, Mr. Rodriguez stated that the decision would be up to the board and
their seven members would vote and report their decision back to the city. Before any changes can
be made to the code, they have to make their decision.
Mr. Rodriguez wanted to emphasize that in his opinion the city should continue with the ordinance
as written because if they were to eliminate the Ethics Commission, they would have to comply
with the state code.
Dr. Pillsbury recommended looking at the entire code before going to the state and asking them to
make the change. She explained that many of the ordinances are outdated.
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Mayor Christiansen emphasized his agreement with Mr. Rodriguez to continue with the current
code. He also agreed with Dr. Pillsbury that the code should be updated, and all decisions be
handled in a timely manner.
Mr. Anderson stated that he agreed with Dr. Pillsbury that the code needs to be updated, and the
Ethics Commission had proposed some changes of their own. He recommended adding that if a
complaint is filed there must be actual evidence, and it cannot be based on hearsay. He also
recommended that the Ethics Commission should have its own attorney. If it is a city employee,
member of council, or appointee, the City Solicitor is supposed to represent them. The City
Solicitor is currently the Ethics Commission attorney so there needs to be a separation of the two.
Dr. Sudler stated that his proposal should address all the concerns except for the process for
handling a decision from the Public Integrity Commission if they took the role. One of the major
benefits would be the alleviation of the pressure off the current commissioners. They are appointed
by the mayor and confirmed by council. The perception from the community is that they may not
get justice because they are interlocked with council. By asking the Public Integrity Commission
to provide a ruling to the solicitor may benefit everyone. He also stated that he agreed with
Mr. Anderson and there should be some type of true evidence.
Responding to Dr. Pillsbury, Mr. Rocha stated that the Public Integrity Commission would not
have to approve the ordinance. Council adopts the ordinance, but when it comes to a council person
or appointee, they are being asked to handle the case versus the Ethics Commission.
Responding to Dr. Pillsbury, Mr. Rodriguez stated that she is correct because if any changes have
to be made, they should be done in one shot. It would be best to update the code, and they submit
all the information at one time.
Dr. Sudler recommended creating a committee and selecting a timeframe to get the proposed
changes done.
Ms. Arndt recommended taking the Ethics Commission members, a couple of members of council,
the City Solicitor, and someone from the Public Integrity Commission, and holding a two-hour
discussion to figure out where the changes can be made.
Responding to Mr. Lewis, Ms. Rivera, and Ms. Bennett stated that the last revisions to the code
were made in 2017.
Mr. Anderson moved to recommend that a subcommittee be formed to review the Ethics
Commission code, which is Chapter 30 of the city ordinance, which will have three members
of council, two Ethics Commission members, Mr. Garfinkel, the city solicitor, and the mayor.
The committee will come back with recommendations within ninety days. The motion was
seconded by Dr. Sudler and unanimously carried.
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Item #8.
Recreational Marijuana Land Uses and Related Zoning Regulations (David S. Hugg, III,
City Manager, Sharon Duca, Assistant City Manager, and Ann Marie Townshend, Rossi
Group)
Mr. David S. Hugg, III, City Manager, Ms. Sharon Duca, Assistant City Manager, and Ms. Ann
Marie Townshend, Rossi Group, reviewed the proposed ordinance changes and the timeline.
Staff recommended that city council provide directions to staff on their selected path forward to
meet the proposed timetable.
Responding to Dr. Pillsbury, Ms. Townshend stated that the language they used is the language
that is specific to the zoning ordinance uses. The zoning ordinance has multiple levels for child
daycares. Child daycare center is a center that is specifically in the zoning ordinance and the use
of that terminology is compatible with other uses of terminology within the zoning ordinance.
From the perspective of the Planning Office, they may have to do a zoning verification letter to
say whether it is a permitted use or not, and they will rely on the definitions they have in the zoning
ordinance.
Responding to Dr. Pillsbury, Ms. Townshend stated that they obtained a list of substance abuse
treatment facilities from the state. She explained that they could change the ordinance to read
substance abuse disorder treatment facilities licensed by the State of Delaware, which would take
away the ambiguity.
Responding to Dr. Sudler, Ms. Townshend stated that ordinance 25A addresses prohibiting
cultivation, manufacturing, and distance requirements in the downtown area.
Responding to Dr. Sudler, Ms. Townshend stated that both 25A and 25B address the distance
requirements.
Responding to Dr. Sudler, Ms. Townshend read “The building footprint within which a marijuana
cultivation facility is to be located, shall be at least 500 feet away from any residential zone, any
private or public K through 12 school, hospital, college, university, child daycare center, or
substance abuse disorder treatment facility”.
Responding to Dr. Sudler, Ms. Townshend explained that the challenge with churches is the lack
of a defined list. To enforce distancing requirements, a clear data set is necessary to assess
distances, but there is no central registry of churches.
Responding to Dr. Sudler, Ms. Townshend noted that while churches have public occupancy
permits, they are classified as places of worship, which are not included in the categories for these
permits. Since churches function as assemblies, there is no clear data set available.
Responding to Dr. Sudler, Ms. Melson-Williams stated that churches are classified as places of
public assembly and are referred to as such in most places of the zoning ordinance. They do not
require a business license; it is a public occupancy license for a place of assembly. She explained
that in the zoning and land use world, religious facilities should not be treated any differently than
any other place of assembly, so over time, the code has transitioned into that. She stated that from
a zoning perspective, there are a large number of churches in zones where the potential land use
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categories are not being placed. Also, they find that many churches are on property that is zoned
residential which already has a distancing requirement. She explained that a combination of factors
may help achieve the necessary distancing from most of those types of facilities.
Responding to Mr. Hare, Ms. Townshend stated that the Downtown Dover Business District is
zoned C-2. At the last meeting, there were two potential draft amendments. One of them addressed
the compassion center conversion licenses. The other dealt with downtown but there was no
motion to move that forward. Currently, nothing has been incorporated into the ordinance that
would allow any marijuana use in the downtown area. Retail would only be allowed in the C-4
zone, which is Route 13 and Bay Road. The manufacturing, cultivation, and testing would be
limited to the Industrial Park Manufacturing (IPM) and manufacturing zones, and potentially
cultivation in agricultural zones.
Mayor Christiansen expressed concerns about places of worship not being included in the
distancing requirements. He demanded that they be considered in future ordinance changes. He
also recommended changing the distancing requirements from 500 feet to 750 feet.
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-24A. The motion
was seconded by Ms. Arndt and unanimously carried.
Responding to Dr. Sudler, Ms. Townshend stated that ordinance #2024-24A does not affect
downtown, it simply sets up the business license fee structure and the definitions to correspond to
the fees. It does not have anything to do with the permitted uses as those are under ordinances
#2024-25A and 25B.
Responding to Mr. Lewis, Ms. Townshend stated that the ordinances will move forward for the
first reading and then they will move on to the Planning Commission before coming back.
Responding to Mr. Lewis, Ms. Townshend stated that the language that was passed at the last
meeting grandfathered in the current compassion center from a distancing perspective.
Responding to Mr. Lewis, Ms. Townshend stated that as far as the retail part of it, it would allow
a compassion center with a conversion license to comply with the zoning, but not require
compliance with the distancing.
Responding to Mr. Lewis, Ms. Townshend stated that they will not be issuing any additional
compassion center licenses as of right now. Also, it reads that they had to have the license prior to
January 1, 2024, to create a clear cutoff date.
Responding to Mr. Garfinkel, Ms. Townshend stated that 24.2 in ordinance 25A would be for a
new compassion center. From a practical standpoint, they will not be issuing new licenses, so it is
possible that by the time the ordinance reaches final reading, that language could be struck.
However, right now the state still has that in there. Technically under state law, they can issue
licenses for compassion centers so that is memorializing the way they would have been handled in
the past.
Page 79
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COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 13
Item #8.
Responding to Mr. Garfinkel, Ms. Townshend stated that only medical facilities, which by state
law have not been phased out yet. However, the commissioner’s office has made it clear that the
expectation is that it will be phased out. Not because the state is going to take clear action, but
because there is not enough demand to support medical-only facilities once the recreational
facilities are open, as long as the recreational facilities can serve the medical needs. They will no
longer be necessary by the time retail centers open.
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-24B. The motion
was seconded by Mr. Hare and unanimously carried.
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-25A. The motion
was seconded by Mr. Hare and unanimously carried.
Dr. Sudler moved to recommend changing the distancing requirement from 500 feet to 750 feet in
Proposed Ordinance #2024-25A.
Mr. Neil moved to reconsider the motion for the approval of the Proposed Ordinance #2024-
25A. The motion was seconded by Mr. Boggerty.
Ms. Arndt stated that if they are going to move forward with the increased requirement, she would
like a GIS mapping exercise done, as was done before. She explained that they initially looked at
the maps to see where the uses would be in relation to the restrictions, so she would like to see the
data and what it means in terms of the ordinance.
Mr. Anderson stated that he is opposed to the 750-foot increase because when they looked at the
GIS mapping it was determined that the 500 feet would be an effective ban. He explained that it
would be the opposite of what people have told them in the surveys and a strong majority of the
people want it to be a legal option in the city.
Mayor Christiansen stated that the survey results were almost 50-50. He explained that it is the
responsibility of council to make the changes to the ordinances that reflect the opinion of the
constituents that elected them. He stated that he believes the distancing requirement should be
moved to 750 feet.
Dr. Sudler moved to recommend changing the distancing requirement from 500 feet to 750
feet in Proposed Ordinance #2024-25A. The motion was seconded by Mr. Hare and carried
by a roll call vote of six (6) yes (Hare, Boggerty, Rocha, Sudler, Shevock, Garfinkel), and five
no (Neil, Pillsbury, Arndt, Lewis, Anderson).
Mr. Anderson moved to recommend approval of the Proposed Ordinance #2024-25A as
amended with the addition of including licensed by the State of Delaware after substance
abuse disorder. The motion was seconded by Mr. Hare and unanimously carried.
Mr. Neil moved to recommend approval of the Proposed Ordinance #2024-25B with the
amendment to include licensed by the State of Delaware after substance abuse disorder. The
motion was seconded by Mr. Hare and carried with Dr. Sudler and Mr. Rocha voting no.
Page 80
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COUNCIL COMMITTEE OF THE WHOLE MEETING OCTOBER 15, 2024 PAGE 14
Item #8.
Responding to Dr. Sudler, Ms. Townshend stated that the distancing requirement is a mix. It is 500
feet from private or public K through 12 schools, child daycare centers, and substance abuse
disorder treatment facilities and hospitals. It is 250 feet away from residential zones and from the
lot line of any college or university. Again, the point of the effective ban at 500 feet away from all
residential zones, colleges, and universities was because there was nowhere that it would be
permitted.
Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 9:14 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting,
hearing no objection the meeting adjourned at 9:14 p.m.
David L. Anderson
Council President
Attachments
Attachment #1 - Letter addressed to the City of Dover, Council Committee of the Whole
Attachment #2 - Student Photos from Mr. La Mar Gunn
Page 81
Page 82
ATTACHMENT #1
Council Committee of the Whole Meeting of 10/14/2024
Item #8.
Page 82
Page 84
ATTACHMENT #2
Council Committee of the Whole Meeting of 10/14/2024
Item #8.
Page 84
Page 100
CITY OF DOVER Item #21.
FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024
QUARTERLY REVENUE REPORT
As of September 30, 2024 FY25
FY25 FY25 Unaudited 25%
ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited
GENERAL FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes 546,000 546,000 524,700 96.1% Billed at the beginning of FY 15,679,300 15,546,900
2 Payment In Lieu of Taxes 16,300,000 16,300,000 16,420,600 100.7% Billed at the beginning of FY 543,800 540,700
3 Transfer from Electric Fund 10,000,000 10,000,000 2,500,000 25.0% 8,000,000 8,000,000
4 Intrafund Service Receipts Electric 4,849,500 4,849,500 1,031,300 21.3% 3,767,800 3,702,300
5 Transfer from Transfer Tax Fund 2,000,000 2,000,000 1,150,000 57.5% 2,320,400 2,334,900
6 Business Licenses 1,616,400 1,616,400 1,445,700 89.4% 1,484,300 1,452,200
7 Intrafund Service Receipts Water 1,323,400 1,323,400 281,400 21.3% 1,028,200 1,010,300
8 Intrafund Service Receipts Wastewater 953,300 953,300 202,700 21.3% 740,700 727,800
9 Sanitation Fees 4,851,600 4,851,600 1,213,300 25.0% 3,966,500 3,652,800
10 Permits & Other Licenses 1,797,000 1,797,000 587,200 32.7% 2,706,600 2,407,000
11 Transfer from Municipal Street Aid Fund 750,000 750,000 191,800 25.6% 789,500 796,800
12 Fines & Police Revenue 781,100 781,100 57,300 7.3% 695,400 630,200
13 Police Extra Duty Fees 497,500 497,500 265,400 53.3% 597,500 470,600
14 Transfer from Police Grant Funds 310,000 310,000 9,700 3.1% 528,700 71,200
15 Police Pension Grant 620,000 620,000 - 0.0% 812,400 43,800
16 Court of Chancery Fees 3,500,000 3,500,000 811,500 23.2% 4,092,700 2,021,300
17 Transfer from Water/Wastewater Fund 2,000,000 2,000,000 500,000 25.0% 1,000,000 2,000,000
18 Transfer from Civil Traffic Penalties Fund 50,000 50,000 - 0.0% 66,100 54,500
19 Transfer from Lodging Tax 500,000 500,000 95,800 19.2% - -
20 Transfer from Ambulance Service 600,000 600,000 146,200 24.4% - -
21 Library Revenues & County Reciprocal Pymt 308,100 308,100 32,400 10.5% 419,800 579,300
22 Franchise Fees 600,000 600,000 - 0.0% 396,500 424,000
23 General Fund Grant Receipts 98,500 98,500 26,400 26.8% DEMA 161,100 468,600
24 Recreation Revenue 145,000 145,000 41,000 28.3% 140,400 148,200
25 Other Miscellaneous Receipts 1,356,800 1,356,800 82,500 6.1% 3,221,300 313,900
26 Interest Income 50,000 50,000 29,200 58.4% 72,800 269,700
TOTALS $ 56,404,200 $ 56,404,200 $ 27,646,100 49.0% $ 53,231,800 $ 47,667,000
Final Budget $ 53,231,800 $ 47,667,000
Page 100
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CITY OF DOVER Item #21.
FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024
QUARTERLY REVENUE REPORT
As of September 30, 2024 FY25
FY25 FY25 Unaudited 25.0%
ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited
WATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 6,566,900 $ 6,566,900 $ 2,076,900 31.6% $ 6,544,600 $ 6,711,400
2 Water Impact Fees 230,000 230,000 70,300 30.6% 353,500 393,300
3 Water Tank Space Leasing 450,500 450,500 450,600 100.0% Billed at beginning of FY 423,600 399,800
4 Interest Income 100,000 100,000 44,700 44.7% 266,900 170,300
Penalties $3.1K; Water Meters $7.3K; Sale of
5 Other Miscellaneous Revenues 82,700 82,700 35,400 42.8% Assets $10.4K; State Grant $14.6K 90,700 70,600
TOTALS $ 7,430,100 $ 7,430,100 $ 2,677,900 36.0% $ 7,679,300 $ 7,745,400
Final Budget $ 7,679,300 $ 7,745,400
FY25 FY25 Unaudited 25.0%
ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited
WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Wastewater Fees $ 4,193,600 $ 4,193,600 $ 1,450,700 34.6% 4,672,400 4,590,000
2 Wastewater Adjustment Fees - County Trtmt 3,672,600 3,672,600 1,301,100 35.4% 3,369,700 3,029,800
3 Groundwater Inflow Adjustment 1,977,400 1,977,400 704,500 35.6% 2,180,800 2,135,600
4 Wastewater Impact Fees 230,000 230,000 52,300 22.7% 312,500 357,700
5 Interest Income 100,000 100,000 54,600 54.6% 298,600 160,500
6 Other Miscellaneous Revenues 50,200 50,200 6,000 12.0% Penalties $6.0K 75,300 37,000
TOTALS $ 10,223,800 $ 10,223,800 $ 3,569,200 34.9% $ 10,909,300 $ 10,310,600
Final Budget $ 10,909,300 $ 10,310,600
FY25 FY25 Unaudited 25.0%
ORIGINAL REVISED YTD % BUDGET FY24 Unaudited FY23 Unaudited
ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 91,131,200 $ 91,131,200 $ 26,101,300 28.6% $ 85,003,300 $ 75,400,700
2 Purchase Power Adjustment - - - 0.0% - 16,465,600
3 Utility Tax 1,356,100 1,356,100 404,000 29.8% 1,365,900 1,516,700
4 Rate Stabilization Reserve - - - 0.0% 900,000 10,000,000
Penalties and Rent $53.2k; General Service Billing
5 Miscellaneous Revenue 954,000 954,000 449,600 47.1% $249.7k; Misc Revenue $146.7k 2,514,400 429,600
6 Interest Income 1,500,000 1,500,000 651,900 43.5% 2,220,500 1,022,000
TOTALS $ 94,941,300 $ 94,941,300 $ 27,606,800 29.1% $ 92,004,100 $ 104,834,600
Final Budget $ 92,004,100 $ 104,834,600
Page 101
Page 102
Item #22.
City of Dover
Capital Investment Plan and Project Status Report
As of September 30, 2024
1st Quarter FY25
Points to Remember
* Includes Project Carry-Forward Budget Amendment Ordinance # 2023-09 (approved by Council on 10/9/23).
* Original Project Budget = Original Total Project Budget initially included in approved annual budget.
* Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following:
bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure.
* Actual Expenditure/Expense totals are subject to change, due to delays to the month-end closing process.
* Water Quality, Inflow/Infiltration, Distribution Upgrades, and New Development projects are budgeted as a blanket project, and once individual projects are identified
and estimated, they are created using an allocation of the overall budgeted amount.
Community Police Grants Police Grants Total
Current Year Budget Funding Sources General Transportation Federal State ARPA Water Wastewater Sanitation Stormwater Electric CIP
Budget Balance $ 348,200 $ 114,500 $ - $ - $ 5,110,900 $ 1,900,100 $ 767,900 $ 33,165,000 $ 41,406,600
Miscellaneous Receipts 20,000 20,000
General Billings for Reimbursement of Expense 1,000,000 1,000,000
Federal Grants 752,000 752,000
State Grants 948,900 40,000 405,000 2,009,000 354,000 335,000 4,091,900
Transfer from Water/WW Impact Fee Reserve - 7,200 7,200
Transfer from Water/Wastewater Oper. Fund 503,000 1,329,900 1,832,900
Transfer from General Fund 3,173,600 3,173,600
Sanitation Services 739,000 739,000
Stormwater Services 1,914,000 1,914,000
Transfer from Lodging Tax 500,000 500,000
Transfer from Future Capacity Reserves 2,000,000 2,000,000
Interest Income 50,000 20,000 70,000
Total Funding Sources $ 4,990,700 $ 154,500 $ 752,000 $ 405,000 $ 5,110,900 $ 4,462,100 $ 2,479,000 $ 739,000 $ 2,249,000 $ 36,165,000 $ 57,507,200
1 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 102
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Item #22.
PROJECT STATUS REPORT - GENERAL FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Account Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Obj/Ele Budget Budget Expenses Budget Budget Charges Balance Status
Fire Department 11-14-99-
FR1800 Annual Contribution for Engine 5 54025 $ 777,000 $ 777,000 $ 323,632 $ 77,700 $ 77,700 $ 19,418 $ 58,282 Paying monthly
FR2000 Annual Contribution for Squad #1 (Rescue) 54025 956,000 834,000 229,204 83,400 83,400 20,837 62,563 Paying monthly
FR2200 Annual Contribution for Engine 1 54025 770,000 852,200 153,951 123,200 123,200 30,790 92,410 Paying monthly
FR2400 Tower Ladder 2 54025 1,623,600 1,623,600 93,179 282,300 282,300 47,940 234,360 Paying monthly
Total Fire Department $ 4,126,600 $ 4,086,800 $ 799,967 $ 566,600 $ 566,600 $ 118,985 $ 447,615
Police 11-17-00-
--- Misc Automobiles 54022 $ 831,600 $ 831,600 $ 462,991 $ 368,609
PD2301 Police Officer Body Worn Cameras & Tasers 54031 $ 876,400 $ 903,000 $ 352,657 229,500 229,500 - 229,500
PD2302 Axon In-car Cameras 54031 368,000 368,600 - 18,100 18,100 - 18,100
PD2501 Police Property Security Fencing 54031 36,100 36,100 - 215,800 215,800 - 215,800
PD2502 Police Department Academy 2nd Floor HVAC 54031 193,100 7,900 - 193,100 193,100 - 193,100
Total Police $ 1,473,600 $ 1,315,600 $ 352,657 $ 1,488,100 $ 1,488,100 $ 462,991 $ 1,025,109
Streets 12-18-35-
--- Trucks 54023 $ 215,000 $ 222,500 191,954 $ 30,546 Veh #322 received
--- Misc. Equipment 54025 180,800 173,300 53,975 119,325 Hot Box Trailer #393 received
ST2003 Meeting House Branch 54030 $ 1,115,600 $ - $ 1,094 - - 1,094 (1,094) Design Ongoing
ST2302 FY23 Street Program 54031 1,102,700 - 879,531 - - 399,919 (399,919) Substantially complete, awaiting punch list items
ST2501 Street, Concrete, and Alley Program 54030 500,000 1,115,600 - - - - - Project Cancelled for FY25
ST2502 Community Signs 54031 60,000 20,000 7,178 20,000 20,000 7,178 12,823 In process of refurbishing signs
Total Streets $ 2,778,300 $ 1,135,600 $ 887,802 $ 415,800 $ 415,800 $ 654,119 $ (238,319)
Grounds 12-18-51-
--- Trucks 54023 $ 80,000 $ 80,000 - $ 80,000
Total Grounds $ 80,000 $ 80,000 $ - $ 80,000
Parks & Recreation 13-15-12-
--- Other Equipment 54025 $ 60,000 $ 60,000 $ 60,000 $ 0 Chipper #587 received
PR2300 Dover Park Splash Pad 54031 200,000 - 81,295 - - 80,145 (80,145)
PR2502 Schutte Park Skate Park 54031 $ 1,100,000 $ 1,100,000 $ - 1,100,000 1,100,000 - 1,100,000
Total Parks & Recreation $ 1,300,000 $ 1,100,000 $ 81,295 $ 1,160,000 $ 1,160,000 $ 140,145 $ 1,019,855
Procurement/Inventory 15-27-99-
--- Other Equipment 54025 $ - $ - $ 69,802 $ (69,802) Forklift #120 on order
CS2501 Warehouse Flat Roof Replacement 54031 $ 220,000 $ 220,000 $ - 220,000 220,000 - 220,000 Obtaining quotes
CS2502 Fuel Pump Island Upgrade 54031 600,000 600,000 - 600,000 600,000 - 600,000 Obtaining quotes
Total Procurement/Inventory $ 820,000 $ 820,000 $ - $ 820,000 $ 820,000 $ 69,802 $ 750,198
Fleet Maintenance 15-28-99
--- Other Equipment 54025 - - 398 (398) EV grant
Total Fleet Maintenance $ - $ - $ 398 $ (398)
Information Technology 16-22-99-
IT2406 Barracuda Backup 54028 $ 40,000 $ - $ 5,905 $ - $ - $ 5,905 $ (5,905) To be paid out monthly for the next 4 years.
IT2503 Server/San Replacement 54028 40,000 40,000 40,000 40,000 18,306 21,694 Quote received; likely to be purchased in 1Q2025
IT2504 Replacement of Cisco Switches 54028 12,000 12,000 22,155 12,000 12,000 4,558 7,442 Switches purchased and being paid off
IT2506 Rewiring City Hall Internet Cable 54028 60,000 60,000 14,553 60,000 60,000 - 60,000 Waiting for quote from vendor
Total Information Technology $ 152,000 $ 112,000 $ 42,613 $ 112,000 $ 112,000 28,769 $ 83,231
TOTAL GENERAL FUND $ 10,650,500 $ 8,570,000 $ 2,164,333 $ 4,642,500 $ 4,642,500 $ 1,475,208 $ 3,167,292
101 2 of 12 1ST QTR FY25 CIP-PROJECT STATUS Page
REPORT103
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Item #22.
PROJECT STATUS REPORT - COMMUNITY TRANSPORTATION FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project Percent Original Revised Fiscal
Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Balance Spent Budget Budget Charges Balance Status
Community Transportation - 203-12-99
Substanially Complete, awaiting
CT2322 Dover Little League 221,400 40,000 283,577 (243,577) 128.1% 40,000 40,000 283,577 (243,577) punch list items
TOTAL COMMUNITY TRANSPORTATION FUND $ 830,900 $ 40,000 $ 583,874 $ 65,626 1459.7% $ 40,000 $ 40,000 $ 283,577 $ (243,577)
203 3 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 104
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Item #22.
PROJECT STATUS REPORT - POLICE FEDERAL GRANTS
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Budget Budget Charges Balance Status
Federal Police Grants - 207-11-17-33
PDGBYRNE - 2024 - Line 3 Fibre Optic Upgrade $ - $ - $ 5,937 $ - $ - $ 5,937 $ (5,937)
JAG 2023 - G2311 - Line 1 License Plate Reader Camera 171,890 23,116 44,362 23,116 23,116 10,623 12,493
TOTAL FEDERAL POLICE GRANTS $ 171,890 $ 23,116 $ 50,299 $ 23,116 $ 23,116 $ 16,560 $ 6,556
207 4 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT Page 105
Page 106
Item #22.
PROJECT STATUS REPORT - ARPA FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Original Addition Revised Internal Revised Fiscal
Project Account Project Project Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year YTD Budget
Code Item Obj/Ele Budget Budget Budget (Reduction) Budget Revisions Budget Charges Balance Status
ST2301 FY23 Street, Concrete, and Alley Program 54031 $ 1,200,000 $ 1,401,000 $ 1,401,000 $ - $ 1,401,000 $ - $ 1,401,000 $ - $ 1,401,000 Complete
WD2302 Elevated Water Tower Maint. - Aero Park 54031 655,000 - - - - - - - - Complete
WD2303 Future Well Installation 54031 2,234,500 - - - - - - - - Substantially complete, punch list
WD2304 Well #9 Improvements 54031 319,000 - - - - - - - - Design Complete
WQ2304 Water Quality Improvements-West St Alley 54031 346,500 - - - - - - 36,669 (36,669) Substantially complete, punch list
WW2307 Lepore Road Sanitary Sewer Upgrade 54031 317,000 - - - - - - - - Cancelled
TOTAL ARPA FUND $ 5,072,000 $ 1,401,000 $ 1,401,000 $ - $ 1,401,000 $ - $ 1,401,000 $ 36,669 $ 1,364,331
210 5 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 106
Page 107
Item #22.
PROJECT STATUS REPORT - WATER FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Budget Budget Charges Balance Status
Water Engineering
--- Trucks $ 26,900 $ 26,900 $ 25,612 $ 1,288 Vehicle #427 received
Water
WD2503 Water Modeling Software 46,000 46,000 45,980 20 Complete
WD2405 Well #9 Improvements $ 1,000,000 $ 700,000 $ - 700,000 700,000 - 700,000 Work to begin in November
WD2501 Wellhead Redevelopment Program 466,000 166,000 - 166,000 166,000 - 166,000 Work underway 15% complete
WD2502 Well 6 VFD 57,000 57,000 - 57,000 57,000 - 57,000 Awaiting bids
WD2504 Elevated Water Storage Tank Maintenance 57,000 96,700 - 96,700 96,700 - 96,700 Work to start in January
WD2505 SCADA Equipment Upgrade 57,000 975,000 - 975,000 975,000 - 975,000 Proposals due December 4
WD2507 GIS Utility Network Upgrade 57,000 160,000 - 160,000 160,000 - 160,000 Work Underway 10% complete
WD2509 Portable Emergency Generator 57,000 70,000 - 70,000 70,000 - 70,000 Zero Bids received, team needs to re-bid
WQ2502 Miscellaneous Emergency Water Repairs 57,000 85,000 - 85,000 85,000 - 85,000 Project open, awaiting emergencies
WQ2503 Downtown Dover Upgrades - Water 57,000 1,101,000 - 1,101,000 1,101,000 - 1,101,000 Design ongoing
WD2409 Facility Improvements @WTP 185,000 - 96,804 - - 96,804 (96,804) Substantially complete
WD2205 Future Well Installation 1,415,400 - 103,869 - - 56,054 (56,054) Substantially complete
WQ2303 Water Quality Impr. - North State Street 370,000 - 1,013,047 - - 16,230 (16,230) Complete
Water Treatment Plant
-- Trucks - - - $ - $ - $ 71,767 $ (71,767) Vehicle #622 received
WD2508 WTP Improvements $ 5,885,000 $ 885,000 $ - 885,000 885,000 - 885,000 Bids to be created by December
TOTAL WATER FUND $ 9,720,400 $ 4,295,700 $ 1,213,719 $ 4,368,600 $ 4,368,600 $ 312,447 $ 4,056,153
401 6 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
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Item #22.
PROJECT STATUS REPORT - WASTEWATER FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Budget Budget Charges Balance Status
Wastewater
--- Trucks $ 520,100 $ 495,100 $ 476,341 $ 18,759 Vehicle #692 received
Miscellaneous Emergency Sanitary Sewer
WW2402 Repairs 875,000 - 52,378 - - 52,378 (52,378) Awaiting materials for installation
Work has started, awaiting plan for
WW2403 Pump Station #7 Upgrades 350,000 655,000 30,042 - 25,000 27,792 (2,792) completion from contractor
WW2404 GIS Utility Network Upgrade 150,000 800,000 508,649 - - 41,436 (41,436) 80% complete
FY25 Misc. Emerg. Sanitary Sewer
WW2501 Repairs 900,000 170,000 43,831 170,000 170,000 43,831 126,169 Work to begin in October
WW2502 Heatherfield Pump Station Repl. 545,000 545,000 - 545,000 545,000 - 545,000 Final bids to be completed by December
WW2504 White Oak Road Improvements 865,000 65,000 - 65,000 65,000 - 65,000 Bids will be due in December
WW2506 Downtown Dover Upgrades - Wastewater 354,000 354,000 - 354,000 354,000 - 354,000 Design ongoing
WW2507 Puncheon Run PS Roof Replacement 37,000 37,000 - 37,000 37,000 - 37,000 Awaiting quotes from contractors
TOTAL WASTEWATER FUND $ 4,076,000 $ 2,626,000 $ 634,900 $ 1,691,100 $ 1,691,100 $ 641,778 $ 1,049,322
403 7 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
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Item #22.
PROJECT STATUS REPORT - SANITATION FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Account Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Obj/Ele Budget Budget Expenses Budget Budget Charges Balance Status
Sanitation 43-70-99
--- Trucks 54023 $ 739,000 $ 739,000 237,657 $ 501,343 Veh #449 received; #441 & 448 on order
TOTAL SANITATION FUND $ - $ - $ - $ 739,000 $ 739,000 $ 237,657 $ 501,343
405
8 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
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Page 110
Item #22.
PROJECT STATUS REPORT - STORMWATER FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Project Percent Original Addition Revised Internal Revised Fiscal
Project Account Project Project To Date Previous Budget Budget Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year YTD Budget
Code Item Obj/Ele Budget Budget Expenses Expenses Balance Spent Budget (Reduction) Budget Revisions Budget Charges Balance Status
Stormwater 44-71-99
--- Misc Equipment 54025 $ 294,000 $ - $ 294,000 $ - $ - $ 287,326 $ (287,326)
SW2206 MS4 Inventory/Inspection & Green Technology 54031 $ 43,600 $ 100,000 $ 43,519 $ 43,519 $ 56,481 43.5% 100,000 - 100,000 - 100,000 - 100,000 KCI is currently collecting data
SW2303 Persimmon Park Place Drainage Basin Impr. 54031 $ 1,200,000 - 646 646 (646) 0.0% - - - - - - - Will be brought to Council in October
SW2305 FY23 Misc. Emergency Storm Sewer Repairs 54031 350,000 - 449,570 323,120 (449,570) 0.0% - - - - - 126,450 (126,450)
SW2401 FY24 Misc. Emergency Storm Sewer Repairs 54031 88,000 - 87,825 - (87,825) 0.0% - - - - - 87,825 (87,825)
SW2501 FY25 Misc. Emergency Storm Sewer Repairs 54031 490,000 94,000 - 94,000 0.0% 94,000 - 94,000 - 94,000 - 94,000 Have not used anything yet this fiscal year
SW2502 Meeting House Branch Drainage Improvements 54031 14,400,000 1,250,000 - 1,250,000 0.0% 1,250,000 - 1,250,000 - 1,250,000 - 1,250,000 Design ongoing
SW2503 West Street Flooding Improvements 54031 800,000 125,000 - 125,000 0.0% 125,000 - 125,000 - 125,000 - 125,000 Proposals are due November 13
SW2505 The Greens of Dover/Lamplighter Ln SW Improv. 54031 150,000 25,000 - - 25,000 0.0% 25,000 - 25,000 - 25,000 - 25,000 Project underway 50% complete
SW2506 Lynnhaven Drive Flooding Improvements 54031 155,000 25,000 - - 25,000 0.0% 25,000 - 25,000 - 25,000 - 25,000 Project underway 50% complete
SW2507 Downtown Dover Upgrades - Stormwater 54031 245,000 245,000 - - 245,000 0.0% 245,000 - 245,000 - 245,000 - 245,000 Design ongoing
SW2508 White Oak Ditch 54031 85,000 85,000 - - 85,000 0.0% 85,000 - 85,000 - 85,000 - 85,000 In the process of receiving quotes
SW2509 Vehicle Pole Barn 54031 300,000 300,000 - - 300,000 0.0% 300,000 - 300,000 - 300,000 - 300,000 No movement on this project yet
TOTAL STORMWATER FUND $ 18,306,600 $ 2,249,000 $ 581,560 $ 367,285 $ 1,667,440 25.9% $ 2,543,000 $ - $ 2,543,000 $ - $ 2,249,000 $ 501,601 $ 1,747,399
407 9 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 110
Page 111
Item #22.
PROJECT STATUS REPORT - ELECTRIC FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Budget Budget Charges Balance Status
Engineering
--- Misc Automobiles $ 130,000 $ 130,000 - $ 130,000 Vehicles #784 & 786
EE2113 ArcFM Migration to Elec. Util. Network $ 160,000 $ 160,000 $ 166,921 - - - - 80% complete
EE2202 SCADA Master Hardware Replacement 550,000 550,000 307,166 - - - - 60% complete
EE2315 SCADA Upgrade 100,000 - 68,978 - - - - 80% complete
EE2415 Multiplexer Replacement 130,000 15,000 - - 15,000 - 15,000 Complete
EE2501 Substation Battery Replacement 127,000 15,000 12,101 15,000 15,000 12,101 2,899 80% complete
EE2523 Substation Component Replacement 150,000 15,000 - 30,000 15,000 - 15,000 Recurring project
EE2524 Substation HVAC 146,000 146,000 - - 146,000 - 146,000 30% Complete
EE2408 Cartanza Substation Foundation Repair 85,000 - 3,500 - - - - 5% complete; waiting on 3rd quote
EE2522 Small Cell Wireless Improvements 150,000 30,000 - 30,000 30,000 - 30,000 Recurring project
EE2411 LED Lighting Conversion 400,000 - 274,879 - - 1,912 (1,912) Line crew
EE2090 DAFB CT/PT Replacement 73,000 73,000 71,514 - - - - 80% complete (sched for Feb 2024)
EE2313 Transmission Line Maintenance 50,000 - 30,800 - - - - Recurring project
EE2409 McKee Switch Yard Reconfiguration 50,000 - 11,879 - - - - 50% complete
EE2416 Transmission Line Maintenance Program 300,000 - 59,402 - - 753 (753) Recurring project
EE2505 Electric System Study 750,000 750,000 - 750,000 750,000 - 750,000 5% Complete
EE2510 McKee Yard Reconfiguration 110,000 110,000 24,624 110,000 110,000 24,624 85,376 70% Complete
EE2513 Transmission Line Maintenance 250,000 50,000 - 50,000 50,000 - 50,000 Recurring project
EE2016 Garrison Oak Tech Park Substation 750,000 750,000 209,996 - - - 80% complete; budget to be carried fwd
EE2215 Garrison Oak Tech Park Substation 7,000,000 7,000,000 5,120,438 2,000,000 2,000,000 526,416 1,473,584 25% complete; budget to be carried fwd
EE2219 McKee Switch Yard Reconfiguration 187,000 - 590,828 - - 36,537 (36,537) Engineering in progress
EE2317 ArcFM Migration to Elec. Util. Network 110,000 - 110,384 - - - - In progress
EE2402 Woodcrest Overhead to Underground 394,000 - 336,688 - - 9,270 (9,270) Complete
EE2303/2404 Town Point Conversion 914,000 - 479,851 - - - - 95% Complete
EE2502 Farmview Substation Renovation 245,000 245,000 250 245,000 245,000 250 244,750 5% Complete
EE2511 Primary Metering OVH-UGD 202,000 202,000 2,743 202,000 202,000 2,743 199,257 Recurring project
EE2515 Fox Road Overhead Rebuild 63,000 63,000 14,189 63,000 63,000 14,189 48,811 5% Complete
EE2516 William Street Overhead Rebuild 89,000 89,000 46,973 89,000 89,000 46,973 42,027 95% Complete
EE2517 Sounds of Tri-State Rebuild 63,000 63,000 1,836 63,000 63,000 1,836 61,164 Not started
EE2518 Mitscher road Overhead Rebuild 41,000 41,000 31,065 41,000 41,000 31,065 9,935 5% Complete
EE2519 Transmission Pole Replacement 504,000 168,000 - 168,000 168,000 - 168,000 Not started
Total Engineering 14,143,000.00 10,535,000.00 7,977,005.24 3,986,000.00 4,132,000.00 708,669 3,423,330.83
Electric Generation
EG2203 Plant Decommissioning 14,000,000 (146,000) 955,490 - (146,000) 486,218 (632,218) City Council Approved Contract
20% Complete. Scafffolding installed and
EG2501 VanSant Out of Service Fuel Tank Inspection 400,000 400,000 - 400,000 400,000 - 400,000 preparations made for inspection.
EG2502 VanSant Unit 11 Component Replacements 170,000 70,000 - 70,000 70,000 - 70,000 Not started
Total Electric Generation $ 14,570,000 $ 324,000 $ 955,490 $ 470,000 $ 324,000 486,218 $ (162,218)
T&D
--- Automobiles $ 130,000 $ 130,000 - $ 130,000 Vehicles #767 & 799
--- Trucks 460,000 460,000 - 460,000 Vehicle #766
EE2521 Emergency Component Replacement $ 260,000 $ 65,000 $ 46,441 65,000 65,000 46,441 18,559 Recurring project
TD2401 Dover Downs Metering 31,000 - - - - - - Not started
TD2402 Pole Testing 125,000 - 54,000 - - 54,000 (54,000) 65% complete (paused)
TD2405 Janes Road Conversion 179,200 - - - - - - 60% complete
411 10 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 111
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Item #22.
PROJECT STATUS REPORT - ELECTRIC FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Budget Budget Charges Balance Status
UG Transformers locations as follows:
EE2525 New Developments 1,000,000 1,000,000 62,232 1,000,000 1,000,000 62,232 937,768
TD2205 Calvary Baptist Church 19,800 19,832 19,832 50% complete
TD2301 Rojan Meadows Phase 1 18,600 18,600 18,600 70% Complete
TD2308 El Azteca Dover - - - Waiting on customer
TD2411 Commerce Way Warehouse 35,900 - - Not started
TD2412 Eden Hill Farms Phase 4A 78,500 - - 35% Complete
TD2414 Eden Hill OKH Phase 2 22,800 9,300 9,300 Complete
TD2425 966 Kitts Hummock Rd. 29,000 4,528 58 Complete
TD2426 DNREC EV Charger 13,850 - Complete
TD2427 110 Lafferty Ln Warehouse 3,800 3,756 Complete
TD2519 Byler's Warehouse 10,700 10,686 10% Complete
UG Conductors locations as follows:
EE2525 New Developments 900,000 900,000 293,406 900,000 900,000 293,406 606,594
TD2110 DAFB Welch Elementary 18,600 18,620 - 90% Complete-waiting on technicians
TD2205 Calvary Baptist Church 57,400 57,419 48,860 50% Complete
TD2301 Rojan Meadows Phase 1 122,800 122,755 - 50% Complete
TD2303 Kent Courthouse 347,100 347,058 - 45% Complete
TD2308 El Azteca Dover - - - 0% Complete-waiting on customer
TD2309 1001 N DuPont EV Charger 10,800 10,757 - Waiting on customer
TD2315 DELDOT Kenton Rd 664,100 664,098 177,984 10% Complete
TD2411 Commerce Way Warehouse 22,000 - - Not started
TD2412 Eden Hill Farms Phase 4A 541,700 33,081 24,283 35% Complete
TD2414 Eden Hill OKH Phase 2 233,600 - - 60% Complete
TD2425 966 Kitts Hummock Rd. 24,500 31 31 Complete
TD2426 DNREC EV Charger 4,950 - - Complete
TD2427 Lafferty Ln Warehouse 3,100 7,888 4,779 Complete
TD2519 Byler's Warehouse 37,400 37,394 37,394 10% Complete
-- Towne Point Meter Restoration 75 Complete
UG Meters locations as follows:
EE2525 New Developments 535,000 535,000 10,912 535,000 535,000 10,912 524,088
TD2110 DAFB Welch Elementary 1,800 1,758 - Waiting on contractor
TD2205 Calvary Baptist Church 900 924 924 50% Complete
TD2210 Verona Woods Phase 3/4 6,100 6,097 - 85% Complete
TD2301 Rojan Meadows Phase 1 17,900 17,867 - 50% Complete-waiting on customer
TD2308 El Azteca Dover - - - 0% Complete-waiting on customer
TD2309 1001 N DuPont EV Charger 1,500 1,489 - Not started
TD2314 CT Site Repairs & Maintenance 32,000 31,974 - 65% Complete
TD2315 DelDOT Kenton Rd 36,700 36,680 59 10% Complete
TD2411 Commerce Way Warehouse 1,800 - - Not started
TD2412 Eden Hill Farms Phase 4A 9,200 4,066 4,066 35% Complete
TD2414 Eden Hill OKH Phase 2 4,100 2,275 - 30% Complete
TD2425 966 Kitts Hummock Rd. 400 370 370 Complete
TD2426 DNREC EV Charger - - - 50% Complete
TD2510 Lafferty Ln Warehouse 3,100 4,576 4,576 Complete
TD2519 Byler's Warehouse 3,100 916 916 10% Complete
Total T & D $ 5,469,800 $ 2,500,000 $ 1,927,343 $ 3,090,000 $ 3,090,000 466,991 $ 2,623,009
411 11 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 112
Page 113
Item #22.
PROJECT STATUS REPORT - ELECTRIC FUND
1st Quarter FY25 - as of September 30, 2024
PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR
Original Latest Project Original Revised Fiscal
Project Project Project To Date Fiscal Year Fiscal Year YTD Budget
Code Item Budget Budget Expenses Budget Budget Charges Balance Status
Administration
EE1819/EA2304 Reed St HVAC Overhaul 2,675,200 - 2,987,700 - - 375,000 (375,000) 99% complete
Total Administration $ 2,675,200 $ - $ 2,987,700 $ - $ - 375,000 $ (375,000)
FN1701 Purchase of ERP System $ 1,313,400 $ 2,289,500 $ 834,779 $ - $ - 1,920 $ (1,920) In progress
TOTAL ELECTRIC FUND $ 38,171,400 $ 15,648,500 $ 14,682,316 $ 7,546,000 $ 7,546,000 2,038,798 $ 5,507,202
411 12 of 12 1ST QTR FY25 CIP-PROJECT STATUS REPORT
Page 113
Page 114
Item #23.
City of Dover
City Manager’s Office
PO Box 475
Dover DE 19903-0475
Phone: (302) 736-7005
E-Mail: dhugg@dover.de.us
MEMORANDUM
To: Mayor and City Council
From: David S. Hugg, III, City Manager
Copy: Fire Chief David Carey, City Clerk, and Mike Hamlett, Central Services Director
Date: October 18, 2024
Subject: Semi-Annual Inspection – Robbins Hose Company
In accordance with Section 46-43 of the City Code, the City Manager is required to perform an
inspection of Robbins Hose Company Inc./Dover Fire department semi-annually. Station #1 and
#2 are inspected in rotations each year. The City Manager joined Chief David Carey and Stephen
Jones for an inspection of Station #2 on October 18, 2024, at 9:00am. The inspection looked at
the condition and readiness of the facility and apparatus to provide effective fire response to the
City of Dover and surrounding areas.
As with the last inspection a year ago, the facilities and equipment were superbly maintained,
well organized and reflective of the pride and commitment of the Department. A new concrete
pad was installed last year at the rear of the building replacing the deteriorated prior one. This is
the only significant change in the facility since last year.
The Department continues to experience recruitment, contribution, inflation, and demographic
concerns common to volunteer companies everywhere. Long-term planning to meet these needs
is essential. Operationally, overtime is being reduced now that the Department is fully staffed,
but the Chief mentioned that some additional staffing may be necessary next year as the city
continues to grow.
He noted that they are approaching 2000 calls per year compared to around 1500 just a couple of
years ago. He also noted concern about accuracy of 911 call taking from Dover PD and noted the
option of the Kent 911 Center.
Ladder #2 was scheduled for replacement last year, and it is now here and in operation. Squad #2
and Engine 4 are scheduled for replacement about three years from now.
Thank you to Chief Carey and Stephen Jones for their assistance.
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Item #25.
CITY OF DOVER, DELAWARE
ACTION FORM
MEETING: City Council MEETING DATE: October 28, 2024 Meeting
DEPARTMENT OF ORIGIN: Planning, Inspections and Community Development
PREPARED BY: Dawn Melson-Williams, Principal Planner SUBMITTED: October 22, 2024
SUBJECT: Villages of Maple Dale (Updated Phase 3): Planned Neighborhood Design – Senior
Citizen Housing Option Concept Plan (General Sketch Plan)
REFERENCES:
• MI-24-08 Villages of Maple Dale (Updated Phase 3): PND-SCHO Concept Plan Review
by City Council
• Dover Code of Ordinances, Appendix B: Zoning (known as Zoning Ordinance)
• 2019 Comprehensive Plan
RELATED PROJECTS: SB-09-04P/F Villages of Maple Dale PND-SCHO (Phases 1A and
1B); Preliminary Subdivision Plan; C-09-06 Villages of Maple Dale PND-SCHO
(Conditional Use Master Plan); MI-09-06 Villages of Maple Dale Senior Housing –
General Sketch Plan
EXHIBITS:
• Sketch Plan for Villages of Maple Dale: Planned Neighborhood Design – Senior Citizen
Housing Option
• Letter with graphics dated October 16, 2024 from Pennoni (Project Engineer on behalf of
the U& I Maple Dale, LLC)
TIMETABLE:
• The Planned Neighborhood Design Option (PND) review process consists of at least two
review steps which involve the City Council and then the Planning Commission. This is
the first of the steps.
STAFF RECOMMENDATION:
The City Council shall determine whether or not the proposed project known as the Villages of
Maple Dale (Updated Phase 3): Planned Neighborhood Design – Senior Citizen Housing Option
is of such a design and type that warrants further review by the Planning Commission. If the City
Council determines that further review is warranted, the project should be referred to the Planning
Commission and a Conditional Use Application is filed for review. Planning Staff recommends
that Villages of Maple Dale: Planned Neighborhood Design – Senior Citizen Housing Option be
referred to the Planning Commission for further review.
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City Council Meeting October 28, 2024 Item #25.
Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 2 of 5
BACKGROUND AND ANALYSIS
Property Development History
The Maple Dale Country Club and golf course is developed in the mid-to late twentieth century at
this location on the east side of Kenton Road. Lands surrounding the golf course are low and
medium density residential developments. Turnberry is located between the site and Kenton Road
and is zoned RM-1 (Medium Density Residence). Maple Dale Village (zoned RM-2), the Retreat,
Fox Meadows, the Meadows, and Fox Hall (all zoned R-10) are also adjacent to the golf course.
Previous Applications for Villages of Maple Dale PND-SCHO (MI-09-06, C-09-06, SB-09-04):
The Villages of Maple Dale Planned Neighborhood Design-Senior Citizen Housing Option
Plan for a senior citizen community began in 2009. The General Sketch Plan (MI-09-06) proposed
to develop residential units on a portion of the Maple Dale Country Club golf course land while
maintaining the 18-hole golf course. The owner of record, Maple Dale Country Club, Inc.,
proposed a plan for the construction of thirty townhouse units and three condominium (apartment
style) buildings. In June 2009, the General Sketch Plan (Concept) was referred by City Council to
the Planning Commission.
On September 21, 2009, the Planning Commission granted conditional approval of the proposed
Conditional Use/Conceptual Subdivision Plan (C-09-06) for the project. The project site, known
as Villages of Maple Dale, proposed 84 residential units (30 townhouses on fee simple lots and 54
condominium apartment style units) located at the northeast side of Kenton Road and east of Maple
Dale Road. It consisted of a project area totaling 13.7 acres of the overall 152.19-acre property.
The development of the residential project consists of the following phases: Phase 1A of 12
townhouse units, Phase 1B of 18 townhouse units, and Phase 2 of 54 condominium units. The site
development also included a new street, an associated driveway/access road system, parking, open
space, and stormwater management areas. The existing golf course, driving range, and clubhouse
will remain and the tennis courts and pool facilities were proposed to be relocated to accommodate
the development proposal.
In the third step of the review, on November 16, 2009 the City of Dover Planning Commission
granted conditional approval of the Preliminary Subdivision/Site Plan (SB-09-04P) for the
Villages of Maple Dale Senior Housing Community: Planned Neighborhood Design-Senior
Citizen Housing Option development. This focused on the Record Plan and Construction Plans for
the Phases (Phase 1A and 1B) for the townhouse units only. The associated Record Plan as
recorded on September 30, 2010 creating the thirty (30) townhouse lots consisting of twelve (12)
lots on Maple Dale Road and a new cul-de-sac street known as Valhalla Court for eighteen (18)
townhouse unit lots. The Construction Plans for SB-09-04F focused on 4.6 acres and were
approved October 18, 2010 including the stormwater management facility improvements and
agreements with DelDOT for the timing of off-site improvements (lengthen deceleration lane to
Maple Dale Road). No action or submission of an application to finalize the site development of
Phase 2 for the condominium units was taken and the Phase of the PND-SCHO expired.
Along Maple Dale Road, Phase 1A of Townhouse units is under construction. A 4-pack of
townhouse units began construction in 2010 and the remaining lots sat undeveloped. In 2024, new
ownership acquired the property and restarted construction of units with eight (8) townhouse units.
While the townhouse lots for Phase 1B are recorded, the developer is reconfirming the approvals
of the infrastructure plans for this phase prior to commencement of development activities. It is
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City Council Meeting October 28, 2024 Item #25.
Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 3 of 5
noted that with the Comprehensive Rezoning 2021 Project, the townhouse lots were rezoned to
ROS (Recreational and Open Space Zone) to more clearly reflect the residential land use and size
of these smaller lots. The main golf course parcel of the Maple Dale Country Club remains zoned
RC (Recreational and Commercial Zone).
Current Application (MI-24-08):
The Plan approval for the Phase 2 (Condominiums) Area of Master Plan for the Villages of Maple
Dale Planned Neighborhood Design-Senior Citizen Housing Option has lapsed. This submission
restarts the process for approval of the project Master Plan focusing on the Condominium Phase
(previously identified as Phase 2 now listed as Phase 3). For Villages of Maple Dale PND-SCHO,
a 48-unit apartment style condominium building is proposed. The Concept/Sketch Plan (dated
10/16/2024) also depicts the layout for the building, parking lot expansion and reconfiguration,
and remaining Maple Dale Country Club Clubhouse, associated buildings & amenities, and golf
course, etc. The applicant has submitted a Sketch Plan Narrative Letter with graphics dated
October 16, 2024 and a Concept/Sketch Plan set showing Villages of Maple Dale PND-SCHO
(Updated Phase 3) as modified. The proposed modifications include a reduction in the number of
proposed condominium units from 60 units to 48 units, a reconfigured parking plan, and changes
to site amenities (removal of pool and tennis courts). See Attachments.
Planned Neighborhood Design - Senior Citizen Housing Option
The applicant is seeking approval under the Planned Neighborhood Design Ordinance for the
Senior Citizen Housing Option (see Zoning Ordinance, Article 3, Section 24.1 (b)). The
Ordinance sets forth a two or three-step review and approval process. In the first step, the
developer shall meet with the City Council and present a general sketch plan per Zoning
Ordinance, Article 3 Section 24.2. The City Council shall determine whether or not the
proposed project is of such a design and type that warrants further review by the Planning
Commission.
If the City Council determines that further review is warranted, then the project shall proceed to
the second step which is a more detailed Conditional Use Site Plan review and public hearing
process before the Planning Commission. A third review step with the Planning Commission may
be required depending on the type, physical size, and complexity of the project application. This
submission to the City Council represents the first step in the review process for the Villages of
Maple Dale PND-SCHO.
The PND: Senior Citizen Housing Option is permitted all zoning classifications (with the
exception of the M, IPM and C-4 zoning classifications) as a conditional use. Article 3 §24.1b
notes that “preference shall be given to those projects which are within close proximity to public
transit services, and which are situated within one-quarter (1/4) mile of a grocery store, pharmacy,
restaurant, physician offices, senior center or similar convenience service establishment.” The
PND: Senior Citizen Housing Option is intended to “…encourage the development of high quality
housing opportunities design to accommodate the particular needs of senior citizens” by allowing
the Planned Neighborhood Design Option through the Conditional Use process. The PND must
present a community design that is in accordance with the goals and policies of the Comprehensive
Plan. The Sketch Plan shall reflect the general layout of streets, open space, and housing areas
and types.
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City Council Meeting October 28, 2024 Item #25.
Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 4 of 5
Comprehensive Plan Recommendations
The City of Dover 2019 Comprehensive Plan as amended shows this property on the Land
Development Plan Map (Map 12-1) with the Land Use Category of Open Space. The Land
Development Plan Matrix (Table 12-1) notes specifically that the zoning districts of ROS and RC
are appropriate for the Land Use Category of Open Space. Further described in the Comprehensive
Plan, Private Open Space is associated with residential communities (see pages 12-24 and 12-25)
and can also be recreational opportunities. The Maple Dale Country Club is listed as an example
of a recreational type of Private Open Space. The Goal and Polices outlined for Private Open Space
focus on its availability for use to meet recreational needs of the community and its long-term
maintenance.
The Comprehensive Plan also establishes stated goals for various types of land uses within the
City limits. The stated goal for Residential Land Uses is “to develop and maintain an adequate
supply of housing of varying type, size, and densities that are aesthetically pleasing and located
within neighborhoods designed or redesigned to promote convenience, conservation, and access
to the greater community, but which are properly buffered through distance and landscaping from
incompatible land uses” (see page 12-3). A Policy is to “encourage high density residential
development in infill areas that are near essential services, public transit, and employment
opportunities.” One of the goals outlined in Chapter 11 – Housing & Community Development is
to “Encourage Balanced Housing Opportunities for all Residents of the City.”
The Comprehensive Plan acknowledges the fact that the residents aged 65+ continue to be a
rapidly growing segment of the population that will require more specialized services (page 3-5),
a trend also identified in previous Comprehensive Plans. In response, a previous Comprehensive
Plan implementation strategy developed the Zoning Code amendment permitting Senior Citizen
housing developments near the community services and transit routes that senior citizens depend
upon. As a result, the Planned Neighborhood Design: Senior Citizen Housing Option Ordinance
was developed and adopted by City Council on July 14, 1997 with multiple projects making use
of these PND-SCHO provisions. This project for Villages of Maple Dale is being developed
following the Senior Citizen Housing Option of the Planned Neighborhood Design.
Summary Comments
It is important to keep in mind that this proposal does not involve a rezoning of the land. The
Planned Neighborhood Design – Senior Citizen Housing Option is plan specific. The land would
remain zoned RC (Recreational and Commercial Zone). The PND option allows for a greater
variety of housing types and allows for commercial uses while requiring 25% open space. Also,
by the Zoning Ordinance provisions, in the PND: SCHO the units shall be deed restricted to require
that the head of household for each housing unit be at least 55 years of age or older. This
continuation of the Villages of Maple Dale PND-SCHO project proposes the construction of
(Condominium) apartment building as the housing unit style. It is noted that condominiums are an
ownership type and can take a variety of housing unit styles.
The Planning Staff recommends this Concept (Sketch) Plan be forwarded to the Planning
Commission for further review and consideration through the Conditional Use process. It is
important to note this report provides a summary of the project and does not represent Conditional
Use/Site Plan review commentary. A detailed Plan review for code compliance and design
considerations is performed through the Conditional Use Site Plan Review process for a Planned
Neighborhood Design – Senior Citizen Housing Options.
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City Council Meeting October 28, 2024 Item #25.
Action Form on MI-24-08 Villages of Maple Dale PND-SCHO Concept Plan Referral Page 5 of 5
Advisory Comments to Applicant:
Should City Council choose to forward this proposal on to the Planning Commission for
Conditional Use review, the applicant shall prepare the Conditional Use Site Plan submission in
accordance with the requirements set forth in Article 3, Section 24 and Article 10, Section 1 of the
City of Dover Zoning Ordinance. The act of forwarding a proposal to the Planning Commission
for further review is not intended to represent, nor shall it be construed to mean that the project is
approved. The approval authority over Conditional Use applications rests with the Planning
Commission.
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Item #25.
October 16, 2024
UANDI-24002
Dover City Council
City Hall – 15 Loockerman Plaza
Dover, Delaware 19901
RE: Villages of Maple Dale Project – Phase 3
Planned Neighborhood Design – Senior Citizen Housing Option (PND-SCHO)
Sketch Plan Narrative
Dear Councilmembers:
The Villages of Maple Dale is a Planned Neighborhood Design – Senior Citizen Housing Option (PND-SCHO) Project
that was previously approved by the City of Dover in the following three (3) phases (see exhibit below):
Phase 1 12 townhouse lots on 1.80 acres adjacent to existing Maple Dale Road
Phase 2 18 townhouse lots on 3.02 acres adjacent to proposed Valhalla Court
Phase 3 3 condominium buildings/parking lots on 2.86 acres adjacent to Maple Dale Circle
Phase 1 construction is well underway, and the current property owner, U & I Maple Dale LLC (U & I), is now interested
in pursuing changes to the proposed Phase 3 development. Specifically, in lieu of three (3) condominium buildings
comprising a total of sixty (60) units, U & I is interested in constructing one (1) condominium building comprised of
forty-eight (48) units in the same general location. In addition, and as discussed at our Pre-Application Meeting with the
City of Dover Department of Planning and Inspections on October 10, 2024, the undeveloped Phase 3 has expired and
updated approval is required to pursue Phase 3 of this PND-SCHO Project.
Christiana Executive Campus
121 Continental Drive, Suite 207 T: 302-655-4451 www.pennoni.com
Page 120
Newark, DE 19713 Page 1 of 4
Page 121
Item #25.
UANDI-24002 Villages of Maple Dale Project – Phase 3
U & I Maple Dale LLC October 16, 2024 Page 2 of 4
A Sketch Plan, prepared by Pennoni and dated October 16, 2024, is being submitted to Dover City Council for
consideration of Modified Phase 3 of the Villages of Maple Dale as part of the PND-SCHO. Please consider the following:
MODIFIED PHASE 3 DEVELOPMENT SUMMARY
The subject area is currently occupied by a swimming pool, pool house, tennis courts, and maintenance road for
members and staff of Maple Dale Country Club. It is our understanding that both the swimming pool and tennis courts
are no longer in operation. The site is accessed via Maple Dale Circle, a private drive. Pine Valley Road, a City of Dover
municipal street (Urban Local), lies directly northwest of the subject area. The subject area is part of the 147.29± acre
Maple Dale Country Club Property (Tax Parcel #ED-05-067.00-04-01.00-000) and is zoned RC (Recreation/Commercial).
See exhibit below.
The existing swimming pool, pool house, and tennis courts are to be removed and a three (3)-story, 55,350± GFA, 48-
unit senior condominium building with associated site amenities (i.e., parking, drive aisles, sidewalks, stormwater
management areas (if necessary), utilities, etc.) are proposed. See exhibit below.
PLANNED NEIGHBORHOOD DESIGN – SENIOR CITIZEN HOUSING OPTION (PND-SCHO)
U & I is seeking Modified Phase 3 Approval under the Planned Neighborhood Design Ordinance for the Senior Citizen
Housing Option (see Zoning Ordinance, Article 3, Section 24.1 (b)). The Zoning Ordinance sets forth a multi-step review-
and-approval process. In the first step, U & I shall meet with City Council and present a General Sketch Plan. City Council
shall determine whether the proposed project is of such a design and type that warrants further review by the Planning
Commission. If City Council determines that further review is warranted, then the project shall proceed to the next step
which is a more detailed Conditional Use Site Plan review and public hearing process before the Planning Commission.
This submission to City Council represents the first step in the review process for Phase 3 of the Villages of Maple Dale
Project, which is permitted as a Conditional Use in the RC zoning district. Article 3, Section 24.1 (b) states that
“preference shall be given to those projects which are within close proximity to public transit services, and which are
situated within one-quarter (¼) mile of a grocery store, pharmacy, restaurant, physician office, senior center or similar
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Item #25.
UANDI-24002 Villages of Maple Dale Project – Phase 3
U & I Maple Dale LLC October 16, 2024 Page 3 of 4
convenience service establishment.” The PND-SCHO is intended to “encourage the development of high-quality housing
opportunities designed to accommodate the particular needs of senior citizens” through the Conditional Use process.
The PND-SCHO must present a community design that is in accordance with the goals and policies of the
Comprehensive Plan.
COMPREHENSIVE PLAN RECOMMENDATIONS
The City of Dover 2019 Comprehensive Plan stipulates that that the Maple Dale Country Club Property be used as private
open space. The City of Dover Zoning Code permits residential development on the Maple Dale Country Club as a
Conditional Use under the Planned Neighborhood Design – Senior Citizen Housing Option (PND-SCHO).
The Comprehensive Plan goes on to explain that private open space is most often located within residential
communities as a result of the set aside of these areas as part of the development process and the City’s development
requirements. These lands are frequently owned and maintained by private homeowner’s associations or similar
management organizations. Private open space may be improved to include playground equipment and playing fields
to serve recreational needs. Private open space may also consist of vacant fields, wooded areas, stormwater ponds,
and floodplain areas which serve as passive recreation.
A purely recreation type of private open space comes in the form of private clubs. These include golf and country clubs,
such as the Maple Dale Country Club. Other types of clubs, such as the YMCA, provide various recreational
opportunities to their members.
Assumptions: Private Open Space
1. Neighborhood parks and other recreation areas under the management of private homeowners’
associations allow residents to have a sense of ownership of these areas and more freedom in terms
of the type of park area desired.
2. Private clubs and organizations provide significant opportunities for the recreation of members.
3. Private open spaces must include areas suitable for active and passive uses not merely “left over” or
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Item #25.
UANDI-24002 Villages of Maple Dale Project – Phase 3
U & I Maple Dale LLC October 16, 2024 Page 4 of 4
marginally developable portions of the development.
Goal: Private Open Space
Promote the construction of neighborhood parks and playgrounds within new residential developments and
cooperate with the private sector and community homeowner’s associations to help them meet their
recreational needs including the creation of new private efforts that help meet the recreational needs of the
community.
Policies: Private Open Space
1. Continue, through provisions of the Zoning Ordinance, to ensure that new developments are provided
with private recreational areas and open space commensurate with the size and nature of the
development.
2. Develop creative ways to meet the City’s recreational needs, possibly through partnerships with the
private sector, the State, or local community groups.
Recommendations: Private Open Space
The Land Development Plan does not generally specify open space areas within large tracts of developable
land. Their placement and size are dependent on individual design proposals and the needs of the particular
community. In general, these areas should be centrally located and accessible to residents via sidewalks and
pedestrian paths. Upon adoption of a development plan and their identification for open space, the land area
may be considered for rezoning to ROS zone.
The Comprehensive Plan also acknowledges the fact that senior residents are a rapidly growing segment of the population
that will require more specialized services. This trend was also identified in previous Comprehensive Plans and in
response, a previous Comprehensive Plan implementation strategy recommended the development of a Zoning Code
amendment permitting Senior Citizen housing developments near the community services and transit routes that senior
citizens depend upon. As a result, the Planned Neighborhood Design: Senior Citizen Housing Option Ordinance was
developed and adopted by City Council. Multiple projects in the City of Dover have utilized these provisions.
SUMMARY
• This project is being developed following the Senior Citizen Housing Option of the Planned Neighborhood
Design.
• This proposal does not involve a rezoning of land. The land would remain zoned RC (Recreation/Commercial).
• The Planned Neighborhood Design – Senior Citizen Housing Option is plan specific.
• The PND option allows for a greater variety of housing types.
• The proposed units shall be deed restricted to require that the head of household for each housing unit be at
least 55 years of age or older.
Thank you for your consideration of this project. If you have any questions/comments or require additional information,
please do not hesitate to contact me at (302) 353-7587.
Respectfully submitted,
PENNONI ASSOCIATES INC.
Douglas D. Barry, PE, Associate Vice President
cc: Mr. Usman Sandhu – U & I Maple Dale LLC
Mr. Conny Malmberg – The Malmberg Firm
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Item #25.
PENNONI ASSOCIATES INC.
PROPERTY INFORMATION
TAX PARCEL NUMBER 2-05-06700-04-0100-000
PROPERTY ADDRESS 180 MAPLE DALE CIRCLE
Christiana Executive Campus
DOVER, DELAWARE 19904
PROPERTY OWNER U & I MAPLE DALE LLC
PROPERTY OWNER ADDRESS 1200 S BAY ROAD
DOVER, DELAWARE 19901
121 Continental Drive, Suite 207
LOT SIZE 147.29 ACRES
ZONING RC (RECREATION/COMMERCIAL)
DEED BVP D12925/140
PLAT BOOK D154-0099
PARKING REQUIREMENTS Newark, DE 19713-4310
T 302.655.4451 F 302.654.2895
REQUIRED PARKING 2.25 SPACES PER DWELLING UNIT
2.25 * 48 = 108 SPACES
PROPOSED PARKING 108 SPACES
REFUSE REQUIREMENTS
ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR
REQUIRED DUMPSTERS 2
PROPOSED DUMPSTERS 2
RECREATION REQUIREMENTS
REQUIRED ACTIVE RECREATION 275 SF PER DWELLING UNIT, OR
0.50 AC, WHICHEVER GREATER
275 * 48 = 13,200 SF
0.50 ACRES
AND OWNER MUST BE NOTIFIED OF ANY
PROPOSED ACTIVE RECREATION TO BE DETERMINED
DISCREPANCIES BEFORE PROCEEDING WITH WORK
VILLAGES OF MAPLE DALE PHASE 3
CITY OF DOVER, KENT COUNTY, DELAWARE U & I MAPLE DALE LLC
SKETCH PLAN DOVER, DELAWARE 19901
1200 S BAY ROAD
PLOTSTYLE:PAIBase Half Size.ctbPROJECT STATUS:
----
# # # # # BY
X:\PROPOSALS\Region 4 DELMAR-DC\Newark\0601\2024\UANDI-24002-P Villages of Maple Dale Phase 3\Sketch Plan.dwg
PLOTTED:10/15/2024 3:05 ,
PMBY:Douglas Barry
REVISIONS
# # # # # #
# # # # # # NO.
DATE
# # # # # #
ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES
ARE INSTRUMENTS OF SERVICE IN RESPECT OF THE
PROJECT. THEY ARE NOT INTENDED OR REPRESENTED
TO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ON
THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER
PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION
OR ADAPTATION BY PENNONI ASSOCIATES FOR THE
SPECIFIC PURPOSE INTENDED WILL BE AT OWNERS
SOLE RISK AND WITHOUT LIABILITY OR LEGAL
EXPOSURE TO PENNONI ASSOCIATE; AND OWNER SHALL
INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES
FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES
ARISING OUT OF OR RESULTING THEREFROM.
PROJECT UANDI-24002
DATE 2024-10-16
DRAWING SCALE 1"=30'
DRAWN BY DDB
APPROVED BY
0 30' 60'
SK-1
SHEET 1 OF 1
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Item #26.
ACTION FORM
PROCEEDING: Committee Action, Legislative. Finance & Administration Committee (REVISED)
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 9/04/24 (10/18/24)
PREPARED BY: David S. Hugg III, City Manager
SUBJECT: Disposal of Surplus Property Adjacent to 600 Forest Street - Parcel ID ED05-076.12-02-75.00
REFERENCE: Sec. 2-425(D) Sale to Adjacent Owner
RELATED PROJECT: West Grand, LLC Development Project (request from Erin Barrett, daughter of
owner)
REVIEWED BY: David S. Hugg III
EXHIBITS: Survey and Property Card.
EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
TIMETABLE: As soon as possible
STAFF RECOMMENDATION: Approve sale of surplus property to adjacent property owner
BACKGROUND AND ANALYSIS
The history behind this request is important to understanding the recommendation. This parcel has been
consistently listed in the county tax records as being owned by Linda Duncan and part of the parcel addressed
as 600 Forest Street. However, the general city management opinion is that it should be considered as city-
owned, along with the extension of S. Kirkwood Street (aka Jerusalem Street) and the small triangle where the
city clock is located.
In order to resolve the ownership interest, staff reached out to Becker Morgan who had completed a recent
survey on behalf of Erin Barrett. Becker Morgan traced title back to the early 1900’s and based on this research
their opinion is the City of Dover does own the area in question. They found a deed from 1901, that sells a
larger piece of property from Hartnett (Lumber Company) to Delaware Railroad Company. This piece of
property includes a good portion of Duncan property, the area in question and the triangle piece on east side of
connector road.
This property remained owned by the DE RR Co. until 1958, when they then started selling portions of it. The
first deed out was to the City of Dover in 1958 and based on the description in the deed it includes the area in
question, the connecter road, and the triangle piece. In 1959 the DE RR Co. then sold a large piece to the State
of Delaware, which is adjacent to the subject property to the west and south. In 1961, they sold two small pieces
of remaining lands back to Hartnett, which then was sold to Duncan in 1999, along with a small triangular
piece, which is the northern portion of subject property.
Although the county tax parcel files do not agree, the attached survey shows a small parcel of city-owned
property on Forest Street west of the extension of S. Kirkwood Street (aka as Jerusalem Way). The daughter of
the owner (Erin Barrett) has reached out to see if the city would agree to sell this area to allow her more
flexibility to develop the adjacent parcel that they own. For years, based on the County tax parcel files, we have
assumed that the entire triangle including the point where a city clock is located was part of the Duncan
properties. With this new survey that small area is now confirmed as city owned. It is surplus to our needs and
under the code provisions relating to surplus city property seems to fall under Section 2-425 (D) sale to an
abutting owner. The Solicitor confirmed that Sec.2-4325(D) could apply.
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Item #26.
Subsequently, GIS and Assessor staff worked with Kent County to create a separate parcel ID, determine the
acreage and provide an assessment of value. The parcel ID is ED05-076.12-02-75.00, encompassing 0.21 acres
with an assessed value of $54,600.*
RECOMMENDATION:
Sec. 2-425(D) states that an exception to the standard means of disposal includes:
Exception D—Sale of small or irregular shaped lot to an abutting owner. If any excess parcel of land is too
small or irregular in shape to be of any value to anyone other than an abutting owner, it may be sold to such
owner at either its fee appraised fair market value, or at its fair market value as established by the city's
assessment records, whichever city council shall select. The costs of the appraisal and all legal costs shall be
paid by the owner requesting the conveyance.
Staff recommends that this parcel be offered to Erin Barrett at its current assessed value, that no appraisal is
warranted, and that the buyer pay all legal fees.
*Following the Council’s consideration and concern over the assessed valuation, staff asked the assessor (Tyler
Technologies) to review their value. They determined that an error was made and corrected the value to
$15,200. Staff recommend that the revised value be used in consideration of the sale. Erin Barrett advised that
she is willing to pay the revised price of $15,200
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Item #27.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration
Committee)
DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024
PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group
REVIEWED BY: Dave Hugg, City Manager
SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations
TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024
First Reading of Recommended Ordinances October 28, 2024
Planning Commission Hearing on Recommended Ordinances November 18, 2024
Council Hearing and Action on Recommended Ordinances December 9, 2024
Expiration of Moratorium December 31, 2024
RELATED PROJECT: n/a
EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing)
Ordinance #2024-25 (licensing for retail)
Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing)
Ordinance #2024-30 (zoning for retail)
REFERENCE: n/a
EXPENDITURE REQUIRED: $0
AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
STAFF RECOMMENDATION:
That City Council provide direction to staff on their selected path forward to meet the proposed timetable.
BACKGROUND AND ANALYSIS:
On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and
zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that
address zoning are subject to public hearing before the Planning Commission and City Council. The
information provided below is to summarize the draft ordinances. Following the action of the CCW, the
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Item #27.
draft ordinances were renumbered to provide each ordinance with a unique number.
Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business
license fee for marijuana cultivation, manufacturing, and testing facilities.
Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business
license fee for marijuana retail stores and compassion centers.
Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana
cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park
Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It
would also establish the standards by which such businesses would be required to operate,
including:
o Confirming that compassion centers (retail only) are permitted in all commercial zones
where retail uses are permitted;
o Requiring the building footprint for marijuana cultivation facilities or marijuana product
manufacturing facilities be at least 750 feet away from any residential zone, the lot line of
any private or public K-12 school, hospital, college or university, child day care center, or
State of Delaware licensed substance abuse disorder treatment facilities;
o Requiring that the building footprint of marijuana product testing facilities be at least 750
feet away from any residential zone, the lot line of any private or public K-12 school,
hospital, child day care center, or State of Delaware licensed substance abuse disorder
treatment facilities;
o Requiring that marijuana cultivation facilities and marijuana product manufacturing
facilities install odor control technology and that all openings, windows and entryways for
such facilities be covered to prevent view into the interior from any public or semipublic
area;
o Requiring that applicants for marijuana cultivation and marijuana product manufacturing
uses comply with the provisions of the water, wastewater and electric handbooks, and that
any the cost of utility upgrades required to support the utility demand for these facilities
would be the responsibility of the applicant.
The draft ordinance would also establish definitions for the marijuana land uses that are consistent
with the State definitions.
Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail
stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store”
consistent with the State regulations, and establish the standards by which such businesses would
be required to operate, including:
o Requiring that the building footprint for retail marijuana stores be at least 500 feet away
from the lot line of any private or public K-12 school, child daycare center, State of
Delaware licensed substance abuse disorder treatment facility, hospital, college, or
university and at least 250 feet from any residential zone;
o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from
the lot line of any other marijuana retail store within the City of Dover;
o Requiring that that all openings, windows and entryways for retail marijuana stores be
covered to prevent view into the interior from any public or semipublic area;
o Allowing for a compassion center licensed by the State before January 1, 2024, to be
permitted to convert to a retail marijuana store exempt from the distancing requirements.
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Item #27.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-29
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 3 – District Regulations, Section 19 – Manufacturing Zone
5 (M) be amended by inserting the text indicated in bold, blue font as follows:
6
7 Section 19. – Manufacturing Zone (M).
8
9 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building
10 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any
11 purpose, except the following, and in accordance with performance standards procedure as set
12 forth in article 5, section 8 and subject to the site development plan approval as set forth in article
13 10, section 2:
14
15 19.17 Railroad yards, sidings, and storage facilities.
16
17 19.18 Marijuana cultivation facilities, marijuana manufacturing facilities, and
18 marijuana testing facilities subject to the requirements outlined in article 5,
19 section 24.
20
21 19.18 19.19 Accessory uses:
22
23 (a) On-site offices, clinics, food service facilities, recreation facilities and child day care
24 services collocated within the permitted use and limited to exclusive use by employees,
25 and such other accessory uses and structures clearly incidental to, and customary to and
26 associated with the permitted use.
27 (b) The following uses may be permitted as conditional uses if approved by the planning
28 commission in accordance with the provisions and procedures set forth in article 10,
29 section 1 and any specified requirements set forth below:
30
31 (1) Associated retail uses in conjunction with and accessory to a permitted use,
32 provided that the associated retail uses do not occupy more than 30 percent of
33 the gross floor area of the building or group of buildings on a lot. Parking shall
34 be provided at a rate of one parking space per 300 square feet of retail space for
35 the exclusive use of retail customers in addition to the bulk parking requirements
36 of this zoning district for a particular use.
37
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Item #27.
38 (2) Outside storage which is incidental to the primary uses on the lot, within a
39 completely enclosed and secure area appropriately screened from public view
40 and not in any required setback from property lines.
41
42 BE IT FURTHER ORDAINED:
43
44 That Appendix B – Zoning, Article 3 – District Regulations, Section 20 – Industrial Park
45 Manufacturing Zone (IPM) be amended by inserting the text indicated in bold, blue font as follows:
46
47 Section 20. – Industrial Park Manufacturing Zone (IPM).
48
49 20.1 Uses permitted. No building or premises shall be used and no building or part of a building
50 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any
51 purpose, except the following, and in accordance with performance standards procedure as set
52 forth in article 5, section 8, and subject to site development plan approval as set forth in article 10,
53 section 2:
54
55 20.19 Marijuana cultivation facilities, marijuana manufacturing facilities, and
56 marijuana testing facilities, subject to the requirements outlined in Article 5,
57 Section 24.
58
59 BE IT FURTHER ORDAINED:
60
61 That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A)
62 be amended by inserting the text indicated in bold, blue font as follows:
63
64 Section 23 - Agricultural Zone (A).
65
66 23.1 Uses Permitted. In an agricultural zone (A), no land or building shall be used and no building
67 or part of a building shall be erected or altered which is arranged, intended or designed to be used,
68 in whole or in part, for any uses except the following:
69
70 23.17 Marijuana cultivation facilities, subject to the requirements outlined in Article
71 5, Section 24.
72
73 BE IT FURTHER ORDAINED:
74
75 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
76 text indicated in bold, blue font as follows:
77
78 Section 24. Marijuana Related Businesses.
79
80 24.1 Purpose. The purpose of this section is to protect public health and safety by
81 applying standards under which marijuana related businesses may operate
82 within the City of Dover, Delaware.
83
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Item #27.
84 24.2 A compassion center is classified as retail use and is permitted in all commercial
85 zones where retail uses are permitted.
86
87 24.3 Where permitted in accordance with Article 3, marijuana cultivation facilities
88 are subject to the following restrictions:
89
90 24.31 The building footprint within which a marijuana cultivation facility is to
91 be located shall be at least 750 feet away from any residential zone, and any
92 private or public K-12 school, hospital, college or university, child day care
93 center, or State of Delaware licensed substance abuse disorder treatment
94 facility.
95
96 24.32 All marijuana cultivation facilities shall install odor control technology,
97 as necessary, to control ventilation at the establishment in such a manner that
98 no odor from cannabis products can be detected outside the building on the
99 same property or on adjacent properties or in public rights-of-way, or within
100 any other unit located within the same building. The facility owner/operator
101 shall properly maintain all odor mitigation equipment to ensure maximum
102 efficiency. An application for a certificate of occupancy shall be accompanied
103 by a certification by a Professional Engineer, Certified Industrial Hygienist, or
104 other equivalently qualified professional that proposed odor control measures
105 will effectively eliminate outdoor odors associated with the cultivation of
106 marijuana.
107
108 24.33 An application for a certificate of occupancy shall be accompanied by a
109 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
110 State Code.
111
112 24.34 All building openings, entries and windows shall be located, covered or
113 screened in such a manner as to prevent a view into the interior from any public
114 or semipublic area.
115
116 24.35 The applicant is responsible for complying with the Code of Ordinances
117 of the City of Dover, Delaware including all provisions in Chapter 110, Article
118 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63.
119
120 24.36 The applicant is responsible for all costs associated with infrastructure
121 upgrades, alterations, changes, or extensions required to provide adequate
122 water, wastewater, and electric utility service, including off-site upgrades
123 required to support the demand for water, wastewater, and electric utility
124 service.
125
126 24.4 Where permitted in accordance with Article 3, marijuana product
127 manufacturing facilities are subject to the following restrictions:
128
129 24.41 The building footprint within which a marijuana product manufacturing
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Item #27.
130 facility is to be located shall be at least 750 feet away from any residential zone,
131 and from the lot line of any private or public K-12 school, hospital, college or
132 university, child day care center, or State of Delaware licensed substance abuse
133 disorder treatment facility.
134
135 24.42 All marijuana product manufacturing facilities shall install odor control
136 technology, as necessary, to control ventilation at the establishment in such a
137 manner that no odor from cannabis products can be detected outside the
138 building on the same property or on adjacent properties or in public rights-of-
139 way, or within any other unit located within the same building. The facility
140 owner/operator shall properly maintain all odor mitigation equipment to
141 ensure maximum efficiency. An application for a certificate of occupancy shall
142 be accompanied by a certification by a Professional Engineer, Certified
143 Industrial Hygienist, or other equivalently qualified professional that proposed
144 odor control measures will effectively eliminate outdoor odors associated with
145 the manufacturing of marijuana.
146
147 24.43 An application for a certificate of occupancy shall be accompanied by a
148 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
149 State Code.
150
151 24.44 All building openings, entries, and windows shall be located, covered, or
152 screened in such a manner as to prevent a view into the interior from any public
153 or semipublic area.
154
155 24.45 The applicant is responsible for complying with the Code of Ordinances
156 of the City of Dover, Delaware including all provisions in Chapter 110, Article
157 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63.
158
159 24.46 The applicant is responsible for all costs associated with infrastructure
160 upgrades, alterations, changes, or extensions required to provide adequate
161 water, wastewater, and electric utility service, including off-site upgrades
162 required to support the demand for water, wastewater, and electric utility
163 service.
164
165 24.5 Where permitted in accordance with Article 3, marijuana testing facilities are
166 subject to the following restrictions:
167 24.51 The building footprint upon which a marijuana testing facility is to be
168 located shall be at least 750 feet away from any residential zone, and from the
169 lot line of any private or public K-12 school, hospital, child day care center, or
170 State of Delaware licensed substance abuse disorder treatment facility.
171
172 24.52 An application for a certificate of occupancy shall be accompanied by a
173 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
174 State Code.
175
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Item #27.
176 BE IT FURTHER ORDAINED:
177
178 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in
179 bold, blue font in proper alphabetical order as follows:
180
181 Article 12. – Definitions.
182
183 Compassion center means an entity registered pursuant to § 4914A of Title 16 of the
184 Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana,
185 paraphernalia, or related supplies and educational materials to registered qualifying
186 patients who have designated the dispenser to cultivate marijuana for their medical use and
187 the registered designated caregivers of these patients.
188
189 Marijuana cultivation facility or cultivation facility means an entity licensed by the
190 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail
191 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana
192 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce
193 marijuana concentrates, tinctures, extracts, or other marijuana products.
194
195 Marijuana product manufacturing facility means an entity licensed by the State of
196 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products;
197 and sell marijuana and marijuana products to other marijuana product manufacturing
198 facilities and retail marijuana stores, but not to consumers.
199
200 Marijuana testing facility means an entity licensed by the State of Delaware to test
201 marijuana for potency and contaminants.
202
203
204 ADOPTED: *
205
206
207 SYNOPSIS
208 This ordinance amends Appendix B- Zoning of the Dover Code by adding definitions of
209 marijuana-related businesses (with the exception of retail stores), allowing these businesses to
210 operate as permitted uses in certain zones, and adding supplementary regulations, by which these
211 businesses must abide.
212
213 (SPONSORS: ANDERSON and NEIL)
214
215
216 Action History
217 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from
218 #2024-25A to #2024-29)
219 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and
220 Administration Committee (Split into 25A)
221 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration
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Item #27.
222 Committee
223 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration
224 Committee (Split into two parts)
225 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and
226 Administration Committee.
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Item #27.
MAP ATTACHMENTS:
The following maps are for demonstration purposes only. They are not regulatory maps.
1. Map based on Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) as
proposed
2. Map based on Ordinance #2024-30 (zoning for retail) as proposed
3. Map of zoning for marijuana cultivation, manufacturing and testing sites with no buffers
4. Map of zoning for marijuana retail sites with no buffers
5. Map of zoning for marijuana cultivation, manufacturing and testing sites with 500’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
6. Map of zoning for marijuana retail sites with 500’ buffers from residential zones, K-12
schools, hospitals, colleges or universities, child day care centers, State of Delaware
licensed substance abuse disorder treatment facilities and places of worship
7. Map of zoning for marijuana cultivation, manufacturing and testing sites with 750’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
8. Map of zoning for marijuana retail sites with 750’ buffers from residential zones, K-12
schools, hospitals, colleges or universities, child day care centers, State of Delaware
licensed substance abuse disorder treatment facilities and places of worship
9. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
10. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
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Item #28.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration
Committee)
DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024
PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group
REVIEWED BY: Dave Hugg, City Manager
SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations
TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024
First Reading of Recommended Ordinances October 28, 2024
Planning Commission Hearing on Recommended Ordinances November 18, 2024
Council Hearing and Action on Recommended Ordinances December 9, 2024
Expiration of Moratorium December 31, 2024
RELATED PROJECT: n/a
EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing)
Ordinance #2024-25 (licensing for retail)
Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing)
Ordinance #2024-30 (zoning for retail)
REFERENCE: n/a
EXPENDITURE REQUIRED: $0
AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
STAFF RECOMMENDATION:
That City Council provide direction to staff on their selected path forward to meet the proposed timetable.
BACKGROUND AND ANALYSIS:
On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and
zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that
address zoning are subject to public hearing before the Planning Commission and City Council. The
information provided below is to summarize the draft ordinances. Following the action of the CCW, the
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Item #28.
draft ordinances were renumbered to provide each ordinance with a unique number.
Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business
license fee for marijuana cultivation, manufacturing, and testing facilities.
Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business
license fee for marijuana retail stores and compassion centers.
Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana
cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park
Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It
would also establish the standards by which such businesses would be required to operate,
including:
o Confirming that compassion centers (retail only) are permitted in all commercial zones
where retail uses are permitted;
o Requiring the building footprint for marijuana cultivation facilities or marijuana product
manufacturing facilities be at least 750 feet away from any residential zone, the lot line of
any private or public K-12 school, hospital, college or university, child day care center, or
State of Delaware licensed substance abuse disorder treatment facilities;
o Requiring that the building footprint of marijuana product testing facilities be at least 750
feet away from any residential zone, the lot line of any private or public K-12 school,
hospital, child day care center, or State of Delaware licensed substance abuse disorder
treatment facilities;
o Requiring that marijuana cultivation facilities and marijuana product manufacturing
facilities install odor control technology and that all openings, windows and entryways for
such facilities be covered to prevent view into the interior from any public or semipublic
area;
o Requiring that applicants for marijuana cultivation and marijuana product manufacturing
uses comply with the provisions of the water, wastewater and electric handbooks, and that
any the cost of utility upgrades required to support the utility demand for these facilities
would be the responsibility of the applicant.
The draft ordinance would also establish definitions for the marijuana land uses that are consistent
with the State definitions.
Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail
stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store”
consistent with the State regulations, and establish the standards by which such businesses would
be required to operate, including:
o Requiring that the building footprint for retail marijuana stores be at least 500 feet away
from the lot line of any private or public K-12 school, child daycare center, State of
Delaware licensed substance abuse disorder treatment facility, hospital, college, or
university and at least 250 feet from any residential zone;
o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from
the lot line of any other marijuana retail store within the City of Dover;
o Requiring that that all openings, windows and entryways for retail marijuana stores be
covered to prevent view into the interior from any public or semipublic area;
o Allowing for a compassion center licensed by the State before January 1, 2024, to be
permitted to convert to a retail marijuana store exempt from the distancing requirements.
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Item #28.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-30
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix B – Zoning, Article 3 – District Regulations, Section 16 – Highway Commercial
5 Zone (C-4) be amended by inserting the text indicated in bold, blue text as follows:
6
7 Section 16. Highway Commercial Zone (C-4).
8
9 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used,
10 and no building or part of a building shall be erected, which is arranged, intended, or designed to
11 be used, in whole or in part, for any purpose, except the following:
12
13 (q) Retail marijuana stores, subject to the requirements outlined in Article 5, Section 24.
14
15 BE IT FURTHER ORDAINED:
16
17 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the
18 text indicated in bold, blue font as follows:
19
20 24.6 Where permitted in accordance with Article 3, retail marijuana stores are
21 subject to the following restrictions:
22
23 24.61 The building footprint upon which a retail marijuana store is to be
24 located shall be at least 500 feet away from any private or public K-12 school,
25 child daycare center, State of Delaware licensed substance abuse disorder
26 treatment facility, hospital, and at least 250 feet away from any residential zone,
27 and from the lot line of any college or university.
28
29 24.62 The building footprint within which a retail marijuana store is to be
30 located shall be at least 1 mile away from the lot line of any other retail
31 marijuana store within the City of Dover.
32
33 24.63 An application for a certificate of occupancy shall be accompanied by a
34 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware
35 State Code.
36
37 24.64 All building openings, entries, and windows shall be located, covered, or
38 screened in such a manner as to prevent a view into the interior from any public
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Item #28.
39 or semipublic area.
40 24.7 A Compassion Center licensed by the State of Delaware on or before January 1,
41 2024, that obtains a conversion license under the State of Delaware Marijuana
42 Regulations, must comply with the requirements of Article 3 District Regulations, and
43 shall be exempt from distancing requirements detailed in Appendix B- Zoning,
44 Article 5- Supplementary Regulations, 24.61 and 24.62.
45
46 BE IT FURTHER ORDAINED:
47
48 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in
49 bold, blue font in proper alphabetical order as follows:
50
51 Article 12. – Definitions.
52
53 Retail marijuana store means an entity licensed by the State of Delaware to purchase
54 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana
55 products from marijuana product manufacturing facilities; and to sell marijuana and
56 marijuana products to consumers.
57
58
59 ADOPTED: *
60
61
62 SYNOPSIS
63 This ordinance amends Appendix B- Zoning of the Dover Code by adding the definition of retail
64 marijuana store, allowing retail marijuana stores to operate as permitted uses in certain zones, and
65 adding supplementary regulations, by which retail marijuana stores must abide.
66
67 (SPONSORS: ANDERSON and NEIL)
68
69
70 Action History
71 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from
72 #2024-25B to #2024-30)
73 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and
74 Administration Committee (Split into 25B)
75 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration
76 Committee
77 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration
78 Committee (Split into two parts)
79 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and
80 Administration Committee.
81
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Item #28.
MAP ATTACHMENTS:
The following maps are for demonstration purposes only. They are not regulatory maps.
1. Map based on Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing) as
proposed
2. Map based on Ordinance #2024-30 (zoning for retail) as proposed
3. Map of zoning for marijuana cultivation, manufacturing and testing sites with no buffers
4. Map of zoning for marijuana retail sites with no buffers
5. Map of zoning for marijuana cultivation, manufacturing and testing sites with 500’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
6. Map of zoning for marijuana retail sites with 500’ buffers from residential zones, K-12
schools, hospitals, colleges or universities, child day care centers, State of Delaware
licensed substance abuse disorder treatment facilities and places of worship
7. Map of zoning for marijuana cultivation, manufacturing and testing sites with 750’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
8. Map of zoning for marijuana retail sites with 750’ buffers from residential zones, K-12
schools, hospitals, colleges or universities, child day care centers, State of Delaware
licensed substance abuse disorder treatment facilities and places of worship
9. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
10. Map of zoning for marijuana cultivation, manufacturing and testing sites with 1000’
buffers from residential zones, K-12 schools, hospitals, colleges or universities, child day
care centers, State of Delaware licensed substance abuse disorder treatment facilities and
places of worship
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Item #29.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration
Committee)
DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024
PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group
REVIEWED BY: Dave Hugg, City Manager
SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations
TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024
First Reading of Recommended Ordinances October 28, 2024
Planning Commission Hearing on Recommended Ordinances November 18, 2024
Council Hearing and Action on Recommended Ordinances December 9, 2024
Expiration of Moratorium December 31, 2024
RELATED PROJECT: n/a
EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing)
Ordinance #2024-25 (licensing for retail)
Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing)
Ordinance #2024-30 (zoning for retail)
REFERENCE: n/a
EXPENDITURE REQUIRED: $0
AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
STAFF RECOMMENDATION:
That City Council provide direction to staff on their selected path forward to meet the proposed timetable.
BACKGROUND AND ANALYSIS:
On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and
zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that
address zoning are subject to public hearing before the Planning Commission and City Council. The
information provided below is to summarize the draft ordinances. Following the action of the CCW, the
Page 161
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Item #29.
draft ordinances were renumbered to provide each ordinance with a unique number.
Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business
license fee for marijuana cultivation, manufacturing, and testing facilities.
Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business
license fee for marijuana retail stores and compassion centers.
Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana
cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park
Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It
would also establish the standards by which such businesses would be required to operate,
including:
o Confirming that compassion centers (retail only) are permitted in all commercial zones
where retail uses are permitted;
o Requiring the building footprint for marijuana cultivation facilities or marijuana product
manufacturing facilities be at least 750 feet away from any residential zone, the lot line of
any private or public K-12 school, hospital, college or university, child day care center, or
State of Delaware licensed substance abuse disorder treatment facilities;
o Requiring that the building footprint of marijuana product testing facilities be at least 750
feet away from any residential zone, the lot line of any private or public K-12 school,
hospital, child day care center, or State of Delaware licensed substance abuse disorder
treatment facilities;
o Requiring that marijuana cultivation facilities and marijuana product manufacturing
facilities install odor control technology and that all openings, windows and entryways for
such facilities be covered to prevent view into the interior from any public or semipublic
area;
o Requiring that applicants for marijuana cultivation and marijuana product manufacturing
uses comply with the provisions of the water, wastewater and electric handbooks, and that
any the cost of utility upgrades required to support the utility demand for these facilities
would be the responsibility of the applicant.
The draft ordinance would also establish definitions for the marijuana land uses that are consistent
with the State definitions.
Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail
stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store”
consistent with the State regulations, and establish the standards by which such businesses would
be required to operate, including:
o Requiring that the building footprint for retail marijuana stores be at least 500 feet away
from the lot line of any private or public K-12 school, child daycare center, State of
Delaware licensed substance abuse disorder treatment facility, hospital, college, or
university and at least 250 feet from any residential zone;
o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from
the lot line of any other marijuana retail store within the City of Dover;
o Requiring that that all openings, windows and entryways for retail marijuana stores be
covered to prevent view into the interior from any public or semipublic area;
o Allowing for a compassion center licensed by the State before January 1, 2024, to be
permitted to convert to a retail marijuana store exempt from the distancing requirements.
Page 162
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Item #29.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-24
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by
5 inserting the text indicated in bold, blue, italics in alphabetical order as follows:
6
7 Sec. 26-31. Definitions.
8
9 The following words, terms, and phrases, when used in this article, shall have the meanings
10 ascribed to them in this section, except where the context clearly indicates a different meaning:
11
12 Marijuana cultivation facility or cultivation facility means an entity licensed by the
13 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail
14 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana
15 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce
16 marijuana concentrates, tinctures, extracts, or other marijuana products.
17
18 Marijuana product manufacturing facility means an entity licensed by the State of
19 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products,
20 and sell marijuana and marijuana products to other marijuana product manufacturing
21 facilities and retail marijuana stores, but not to consumers.
22
23 Marijuana testing facility means an entity licensed by the State of Delaware to test
24 marijuana for potency and contaminants.
25
26
27 BE IT FURTHER ORDAINED:
28
29 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended
30 by inserting the text indicated in bold, blue font as follows:
31
Chapter 26. Businesses Fees and Fines
Article II. Licenses
Sec. 26-35. License required; fees
Subsec. (d)(2) Manufacturers/contractors/marijuana cultivation, $0.00046 of
product manufacturing, and testing facilities rate aggregate gross
receipts/
Minimum fee
Page 163
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Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 Item #29.
$128.00
32
33 ADOPTED: *
34
35 SYNOPSIS
36 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of
37 marijuana cultivation, product manufacturing, and testing facilities, and by adding these business
38 license types to Appendix F – Fees and Fines.
39
40 (SPONSORS: ANDERSON and NEIL)
41
42 Action History
43 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from
44 #2024-24A to #2024-24)
45 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and
46 Administration Committee (Split into 24A)
47 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration
48 Committee
49 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration
50 Committee (Split into two parts)
51 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and
52 Administration Committee.
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Item #30.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: Council Committee of the Whole (Legislative, Finance and Administration
Committee)
DEPARTMENT OF ORIGIN: City Manager’s Office SUBMITTED ON: October 23, 2024
PREPARED BY: Dave Hugg, City Manager and Ann Marie Townshend, Rossi Group
REVIEWED BY: Dave Hugg, City Manager
SUBJECT: Recreational Marijuana Land Uses and Related Zoning Regulations
TIMETABLE: Recommendation from Council Committee of the Whole October 15, 2024
First Reading of Recommended Ordinances October 28, 2024
Planning Commission Hearing on Recommended Ordinances November 18, 2024
Council Hearing and Action on Recommended Ordinances December 9, 2024
Expiration of Moratorium December 31, 2024
RELATED PROJECT: n/a
EXHIBITS: Ordinance #2024-24 (licensing for cultivation, manufacturing, and testing)
Ordinance #2024-25 (licensing for retail)
Ordinance #2024-29 (zoning for cultivation, manufacturing, and testing)
Ordinance #2024-30 (zoning for retail)
REFERENCE: n/a
EXPENDITURE REQUIRED: $0
AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
STAFF RECOMMENDATION:
That City Council provide direction to staff on their selected path forward to meet the proposed timetable.
BACKGROUND AND ANALYSIS:
On October 15, 2024, the CCW voted to forward four (4) ordinances to address business licensing and
zoning of marijuana-related businesses to City Council for considerations. The two (2) ordinances that
address zoning are subject to public hearing before the Planning Commission and City Council. The
information provided below is to summarize the draft ordinances. Following the action of the CCW, the
Page 165
Page 166
Item #30.
draft ordinances were renumbered to provide each ordinance with a unique number.
Ordinance #2024-24 – (Previously #2024-24A) This draft ordinance would establish the business
license fee for marijuana cultivation, manufacturing, and testing facilities.
Ordinance #2024-25 – (Previously #2024-24B) This draft ordinance would establish the business
license fee for marijuana retail stores and compassion centers.
Ordinance #2024-29 – (Previously #2024-25A) This draft ordinance would permit marijuana
cultivation, manufacturing and testing facilities in the Manufacturing (M) and Industrial Park
Manufacturing (IPM) zones and would allow marijuana cultivation in the Agriculture (A) zone. It
would also establish the standards by which such businesses would be required to operate,
including:
o Confirming that compassion centers (retail only) are permitted in all commercial zones
where retail uses are permitted;
o Requiring the building footprint for marijuana cultivation facilities or marijuana product
manufacturing facilities be at least 750 feet away from any residential zone, the lot line of
any private or public K-12 school, hospital, college or university, child day care center, or
State of Delaware licensed substance abuse disorder treatment facilities;
o Requiring that the building footprint of marijuana product testing facilities be at least 750
feet away from any residential zone, the lot line of any private or public K-12 school,
hospital, child day care center, or State of Delaware licensed substance abuse disorder
treatment facilities;
o Requiring that marijuana cultivation facilities and marijuana product manufacturing
facilities install odor control technology and that all openings, windows and entryways for
such facilities be covered to prevent view into the interior from any public or semipublic
area;
o Requiring that applicants for marijuana cultivation and marijuana product manufacturing
uses comply with the provisions of the water, wastewater and electric handbooks, and that
any the cost of utility upgrades required to support the utility demand for these facilities
would be the responsibility of the applicant.
The draft ordinance would also establish definitions for the marijuana land uses that are consistent
with the State definitions.
Ordinance #2024-30 – (Previously #2024-30) This draft ordinance would permit marijuana retail
stores in the Highway Commercial (C-4) zone, establish a definition for “retail marijuana store”
consistent with the State regulations, and establish the standards by which such businesses would
be required to operate, including:
o Requiring that the building footprint for retail marijuana stores be at least 500 feet away
from the lot line of any private or public K-12 school, child daycare center, State of
Delaware licensed substance abuse disorder treatment facility, hospital, college, or
university and at least 250 feet from any residential zone;
o Requiring that the building footprint for a retail marijuana store be at least one (1) mile from
the lot line of any other marijuana retail store within the City of Dover;
o Requiring that that all openings, windows and entryways for retail marijuana stores be
covered to prevent view into the interior from any public or semipublic area;
o Allowing for a compassion center licensed by the State before January 1, 2024, to be
permitted to convert to a retail marijuana store exempt from the distancing requirements.
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Item #30.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-25
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by
5 inserting the text indicated in bold, blue, italics in alphabetical order as follows:
6
7 Sec. 26-31. Definitions.
8
9 The following words, terms, and phrases, when used in this article, shall have the meanings
10 ascribed to them in this section, except where the context clearly indicates a different meaning:
11
12 Compassion center means an entity registered pursuant to §4914A of Title 16 of the
13 Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana,
14 paraphernalia, or related supplies and educational materials to registered qualifying
15 patients who have designated the dispenser to cultivate marijuana for their medical use and
16 the registered designated caregivers of these patients.
17
18 Retail marijuana store means an entity licensed by the State of Delaware to purchase
19 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana
20 products from marijuana product manufacturing facilities, and to sell marijuana and
21 marijuana products to consumers.
22
23 BE IT FURTHER ORDAINED:
24
25 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended
26 by inserting the text indicated in bold, blue font as follows:
27
Chapter 26. Businesses Fees and Fines
Article II. Licenses
Sec. 26-35. License required; fees
Subsec. (d)(3) Merchants/bottlers/retail marijuana $0.00046 of
stores/compassion centers rate aggregate gross
purchases for resale/
Minimum fee $64.00
28
29 ADOPTED: *
30
31 SYNOPSIS
Page 167
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Proposed Ordinance #2024-25 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 Item #30.
32 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of
33 marijuana retail stores and compassion centers, and by adding marijuana retail store and
34 compassion center license types to Appendix F – Fees and Fines.
35
36 (SPONSORS: ANDERSON and NEIL)
37
38 Action History
39 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from
40 #2024-24B to #2024-25)
41 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and
42 Administration Committee (Split into 24B)
43 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration
44 Committee
45 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration
46 Committee (Split into two parts)
47 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and
48 Administration Committee.
49
Page 168