Regular Council Meeting

You have before you this evening's agenda and I'll entertain a motion for its adoption.

Moved by Councilwoman Arndt and seconded by Councilwoman Pillsbury. Any discussion?

All in favor, please say aye.

The consent agenda. We have before you is the consent agenda. Those items that are council considered routine, noncontroversial, 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 request, in which that the matter shall be removed from the consent agenda and considered as a separate item. What is the pleasure of council?

Item number—

Yeah, wait, wait, wait. We need Mr. Anderson.

Councilman Anderson.

He must've walked out.

Councilman Anderson has requested that item 10 be withdrawn, and the allocation of the CDBG funds for the People's Community Center Renovation Project.

Second, Mr. President.

It's been moved and seconded. Councilman, uh, item number 10 has been removed. Now we need a roll call vote for the remainder of the consent agenda.

Point of order. Point of order.

Point of order.

Can we pull item... Come on, it's... I know it's supposed to be, I'm supposed to get up for 1. Is it, um, item...

Item 10 on the consent.

Is that item 12?

Is it item 12?

Yeah, item 10.

Madam Clerk, let's have a roll call vote on the consent agenda.

We need a motion for the amended consent.

We had a motion and a second, do we have to vote on it?

To amend it?

Yes, we had a second.

Yes.

That's item 10.

The motion was to remove the item, not to accept it.

I think then we have to...

Where do we stand?

Well, we were waiting for Mr. Anderson to pull it off.

Okay. Take your action earlier. The consideration number 10 and the withdrawal of the reallocation of the CDBG funds for the People's Community Center Renovation Project.

Thank you. Um in hand I have a statement from the People's Community Center in relation to withdrawal regarding CDBG 2024 Renovation Project Formal Withdrawal. The undersigned authorized representative of the People's Community Center confirms that the PCC voluntarily withdraws the request for the $40,000 Community Development Block Grant (CDBG) funds allocated for June for the proposed renovation project. PCC further acknowledges that CDBG funds may not be used, and also request reimbursement for any other funds from the CDBG funds from the City of Dover or Kent County, or any other entity, on behalf of the proposed project. PCC acknowledges that CDBG the CDBG agreement associated with this project expired on June 30th, 2026, and acknowledges that PCC is not seeking to reinstate, extend, or otherwise continue the agreement or the associated CDBG allocation. By signing below, the authorized representative confirms that this withdrawal is made on behalf of PCC and that PCC has no further claim against the City of Dover for reimbursement of expenses associated with the CDBG allocation. This is not an acknowledgment of anything except the withdrawal of it, and is authorized for approval through the Kent County Levy Court for withdrawal on June 24th, 2026, and I hereby move for acceptance of this request.

Question, sir.

It's moved and seconded. Any discussion?

Now, the question is what we have before the agenda will be... Mr. Bryan, be talking... Is there a motion? Discussion?

No.

Councilman Sudler.

Thank you, Mr. Neil. I keep thinking about... just curious as to who chose to withdraw. Was it Kent County, or...

We related to this call, finally that... 2 years now... application like anyone else. They quite frankly, well, they Quite frankly, the $40,000 isn't worth... It's not worth the date because they have... They're getting... They don't need... doing it. Not worth it, and then... valuable to them.

Thank you. Appreciate it.

We still have to do a roll call on the consent...

Well, we have to have the roll call on the withdrawal. Madam Clerk.

Oh, no. We still need to do a roll call on the consent agenda as amended.

Roll call on the consent agenda as amended.

Councilwoman Pillsbury.

I'm sorry, can I get clarity about whether this is item 10, or...

Item 10.

It's actually item 12, because it was... It's because it was flipped in during last week's mee- during the meeting that we changed the the um agendas. That's why it's it's funky the way it...

So, we're voting on 12?

And we already have a motion for item 12, the Anderson motion to accept the withdrawal of People's Community Center, which we'll do that next.

Okay.

Yes.

Okay. Right. Okay. Ms. Hall?

Yeah.

Mr. Boggerty?

No. Well...

This, no. This is for the consent agenda as it...

Mr. Anderson?

Yes.

Dr. Pillsbury?

Yes.

Mrs. Arndt?

Yes.

Mr. Rocha?

Yes.

Dr. Sudler?

Yes.

Mr. Lewis?

Yes.

Council President Neil?

Yes.

My slip, though, it said 10.

Yes, it's because it was flipped.

Passes unanimously.

Okay. Next, uh...

Now, do we want to do a separate roll call on the withdrawal, or are you going to wait until we get to that? I mean, that's going to be the first line item, is 12.

That's fine. First line item, that's item 12.

So now I'll do another roll call for the acceptance of the withdrawal. Sound good? Okay. Ms. Hall?

Yeah.

Mr. Boggerty?

Yes.

Mr. Anderson?

Yes.

Dr. Pillsbury?

Yes.

Mrs. Arndt?

Yes.

Mr. Rocha?

Yes.

Dr. Sudler?

Yes.

Mr. Lewis?

Yes.

Council President Neil?

Yes.

Unanimous. All right, now on to number 18.

Okay. Now we have... do you have number 19? The allocation of... 18, I'm sorry. Next we have on the Kent County Hazard Mitigation Plan, and we'll request Kay Sass to brief us on this item.

Good evening, Mayor, Council. Under the Robert T. Stafford Act, we are required to accept and adopt a hazard mitigation plan every five years. It's a regulation that has to be updated. We've worked with Kent County, so I started working with them again in 2024, with other stakeholders, doing our part in order to be classified into Kent County's plan. It went through DEMA and was approved, it's been through FEMA and was approved, and on October 13th, Kent County approved it. So now it is to part where we are able to adopt it to be part of our hazard mitigation plan as well. If we don't have one in place, we are not eligible for federal funds.

Questions from Council? Dr. Sudler.

Thank you. Move to accept staff recommendation. Over to you, sir.

It's been moved and seconded. Any further discussion? All in favor, please say aye.

Aye. Aye.

Any opposed? Passes unanimously.

All right, thank you. Next we have reallocation allocation of budgeted personnel resources, and we will request Ms. Duka, City Manager, to brief members on this item.

Thank you, Mr. President. Mayor, and members of council, tonight's uh recommendation is regarding the uh reallocation of budgeted personnel resources. It involves two departments: the Electric Department and the Police Department. Starting with the Electric Department, in the fiscal year '27 budget uh there was a groundworker position frozen. Since that time, we've had a lineman resign from the city. We have also lost two electrical engineers, and we have received the uh paperwork for the retirement of the local electric director. We evaluated the budgetary and staffing implications of these personnel changes and the resulting needs of the department. It's been determined that these four positions leaving the city could result in $311,000 savings. We then looked at the replacement of these positions, which will happen, uh but some of them will take some time to recruit the uh appropriate pools. And in light of these staffing implications, I apologize for long paragraphs. Um we are uh we are requesting to unfreeze the groundworker position, as well as, open the electrical director position to allow for mental overlap uh training with the current director. The estimate for these adjustments is projected at $271,000. Due to these projections, the proposal will stay within approved budget levels for the Electric Department.

The second request is regarding to the Police Department. They have also had uh varying uh vacancies within the department. Um one position of particular concern for the police is uh they've been notified about the intent for the accreditation manager to retire. And as a result, um they're looking for an overlap to allow for us to hire a manager sooner so that they can train for a few months before the other one leaves. Uh we have analyzed with the staff at the Police Department the savings within the department due to vacancies. Uh we've also included estimates related to overtime and the additional costs that are associated there uh resulting in overtime as a result of the vacancies. Um is currently seen a differential of $700,000. Uh while staff, the Police Department, is actively trying to replace vacancies, we did do an estimate on the savings and found an overlap cost of $58,000 uh which would be covered by available funds at this time within the budget. It should be noted that uh any overlap for either position uh either department would not occur until official documentation is received of their retirement.

As a result, staff recommendation is to authorize the City Manager to unfreeze and hire the groundworker position in the Electric Department, as well as start the hiring process for the Electric Director and accreditation manager positions upon receipt of required resignation/retirement paperwork. Thank you.

Questions? Yeah, Councilman Sudler.

Pardon me, Mr. Neil. Um Ms. Duka, thank you for your update. In regard to the several hundred of thousand, um can you elaborate a little bit on that and how it correlates with the retirement? Because what I'm hearing is uh that high cost and that potential uh gap of of employment, and then we also have some money available to where we could maybe spill that over from one job domain to cover for uh the Police Department for what they need, it's... In mind, can you help me out a little bit with that?

Are you particularly concerned about the Police Department side of it?

Uh both. Yeah, the police, yeah, both departments side of it in the... I'm thinking is uh it's important that we have like three, I would say three major positions. Yes, that three major positions that need to be filled, and it sounds like that's I don't know whether the total amount is available, those three positions that you have that, you know, could assist with three or a three-way down to two. Would that $300,000 be assist uh the Police Department in getting uh that working now? Cover that transition from um needs, whether that position uh transfer the knowledge, how transfer the knowledge and skill needed to go that board from a safety perspective, and how would that impact um how that impact the other side, another department, that side of the department. The need, what's a priority need? Is it a public safety priority need right now for that transition, and what we have the money freed up, and the money freed up right now? Three jobs and an RPM. Uh, you know, what what can be done?

Um in terms of the proposal here, um I guess it should first be noted, the Electric Department is funded out of the electric fund, the police is the general fund, so neither of these proposals are crossing the government lines, so to speak. Um so for the Electric Department side, uh we looked at how much uh the positions would have that before they were vacated, how much we would have had to spend on them.

Um we projected the time period that it would that we've already been short those positions this fiscal year uh to look at those savings, uh which no which hiring anybody after this current date, everything in the past is savings because we didn't spend it. Um so that's where we came up with uh savings from these four positions going forward would be the $311,000 on the Electric Department side.

But the proposal to replace those positions in certain timing aspects uh is $271,000.

The um The Police Department um they have various vacancies on the civilian side as well. This analysis that we did included officers and civilians. Um but in general, uh for this one overlap on the accreditation manager, uh they've been without one of their civilian positions this entire fiscal year, and just that position alone, there's past savings um that would cover this request for an overlap of a few months.

Do you have that that number of what they saved from that position?

Unfortunately, I have the civilians all grouped together, so I have more...

can just, I wanted to clarify, um, we have savings so far of $245,000 on the civilian side.

Thank you, um. Okay, then, that, um, I withdraw my question. Thank you for your intervention.

Councilman Lewis.

I just have two questions. Um, the first question is, uh, for the record, uh, we are within budget constraints and the funds are available, correct?

That's correct. Due to the the vacancies and the staffing shortages that we've experienced, we've come in under budget so we would have the ability to pre-hire these positions as well as have overlap on the electric department positions.

Um, thank you. You had indicated that, um, there's two positions, if I'm not mistaken, where, uh, you're going to retain an individual that's retired for a period of time and you're going to bring in a new hire, trainee. My question is, um, will they both be getting the same salary? How is that going to affect the city?

Um, well, I guess first of all, in terms of the positions that are retiring, we're not keeping them longer. They're going to leave when they intend to leave. The goal is to try to get somebody in here two or three months before they retire so that they can train with them. More than likely, a new employee would be making less than a tenured employee that's leaving.

So the new employee would be making less than the retiree, correct?

That's what we anticipate, yes.

Okay. I just want I wanted to make sure that we're not, you know, exceeding our budget constraints.

No, we'd be staying in with within budget constraints due to the savings from current vacancies.

Understood. That's all I have. Thank you.

Any other questions? What is the pleasure of council? I'll accept a motion. Councilman Sudler?

Move to accept staff's recommendation.

Is there a second?

Second.

Councilwoman Pillsbury has seconded. Roll and play, uh, we have to have a roll call vote.

I'll make a roll call. Miss Hall?

Aye.

Mr. Boggerty?

Yeah.

Mr. Anderson?

Yeah.

Dr. Pillsbury?

Yeah.

Mrs. Arndt?

Yes.

Mr. Rocha?

Yeah.

Dr. Sudler?

Yes.

Mr. Lewis?

Yes.

Council President Neil?

Yes.

9-0.

Now we have the first reading of proposed ordinance, uh, 2026-15 amending Chapter 42, Environment, by adding Section 42-3, Light, Lighting. The final action of council will take place at the second reading on November 9th, 2026. The proposed ordinance 2026-15 is available at the entrance of the council chambers or at the city clerk's website www.cityofdover.com under Government or by contacting the city clerk's office at 302-736-7008 or clerk, cityclerk@dover.de.gov. Um, request, uh, and Mr. Kopp to brief us on this item.

Good evening. This ordinance before you tonight, 2026-15. Uh, the proposed ordinance establishes standards for exterior lighting within the city of Dover, prevents excessive or unreasonable lighting, glare, and illuminate illumination, and light trespass. The ordinance requires exterior lighting to be installed, maintained, and operated in a manner that minimizes its impact on adjacent properties and public rights-of-way. These amendments provide a specific regulatory framework for addressing lighting-related complaints and violations while establishing clear standards intended to prevent excessive lighting, glare, and light trespass from adversely affecting neighboring properties. This ordinance before you is, um, a result of several complaints regarding nuisance lighting, uh, in particular, lights blasting into

Questions? Councilman Sudler?

Thank you for recognizing me. I just want to thank you, and uh, to your attention and know that the individual that lives in my division has witnessed, um, excessive lighting over there off of, um, I meant the development over there.

Townpoint?

Townpoint? No, the Pines, near Garrison?

Eastgate.

Eastgate, yes.

You say Garrison?

Yes, Eastgate. Eastgate. So, they had been experiencing excessive lighting, too. And the one individual that I'm speaking of has a child that's in school, and he has challenges, and the excessive lighting's keeping that individual from being able to sleep. And so, I know that I'll be happy to tell them, that family, that, you know, we have something in place now that'll be for something. We have something in place now, so I want to thank you for taking the time to orchestrate something and address this issue that I think that code enforcement should be doing, and I appreciate the efforts, both departments' efforts. Thank you. Thank you, Mr. President.

Councilman Lewis.

Uh, since you last spoke and gave your presentation, uh, Mr. Kopp, I received an email from a resident that owns a business, owned by People's Church on Division. Their concern was that they have a floodlight, but for safety concerns, uh, because, you know, people congregate out in that area, and they're basically, um, saying that, um, it somehow can affect, um, you know, a business that has spotlights shining out there, you know, to deter, uh, vagrants or, you know, trespassers from going on their property. Um, how would this affect that, if it does?

So this specific ordinance, uh, would not address a business. There is current legislation or is current, uh, current ordinance in the zoning code that would prevent a business from doing this very thing. It's very specific to businesses. Um, unfortunately, the zoning code does not cover residential, which is why this ordinance comes to light. This is This ordinance would cover residential to residential, but for that particular situation, for a commercial zoning, zoning would...

Okay, so to cover that, uh, a business that that would be a violation?

It It could be a violation. Um, the the parameters of that ordinance are very particular. It So, um, I don't have it in front of me to to quote, but it is, uh, very particular, uh, in that ordinance. So, even without this, that could potentially be a violation depending on the circumstances.

Okay, so I'll, uh, refer that, uh, particular ordinance, uh, to the business owner. Um, so the other concern is, um, again, has to do with safety with, um, you know, residential areas with spotlight, because a lot of people, you know, uh, put these lights up, even, uh, sensor lights, to protect their homes. So the concern that, um, they had, and the feedback I got from a lot of my constituents in the second district, again, has to do with, um, you know, keeping people off their property. I know like the, uh, sensor-activated lights, they only stay on for a certain amount of time. Uh, is that going to be a violation or affect, uh, somebody with this new ordinance?

Yeah, and very good question. So there, uh, in this ordinance, it talks about shielding and, you know, light glare. So if you have spotlights in your yard, if you adjust them to a way where it's not beaming into your neighbor's house, there won't be a problem. There Yes, there might be some residual light that shines into a window, but this is more particularly a spotlight glaring into a window. Uh, that's the complaint we're getting, and, uh, not investigating in the capacity of code enforcement, but I've seen it personally myself where a light is shining directly into a bedroom window. It's an issue. I, um, actually have, I think I said this once to many, 12 sets of spotlights around my property. They're aimed in a way where it's not affecting neighbors by any means, so it illuminates every square inch of, uh, both my front and backyard, to prevent, uh, any kind of intruders. So it is possible to use these lights effectively without, uh, hindering the neighbors.

I have one more for you. Over in Park Forest, um, you're aware of the spotlight that was put up by the city. Um, one of the residents had made a complaint that the glare into his window, the city spotlight. So, how do we address that? Is that covered in this ordinance?

Um, that's something we could easily, I can reach out to Delaware Electric, make them aware of that, and see if there's anything they can do to adjust it. Um, that's usually how we handle situations like that, where somebody complains about a spotlight. Uh, we reach out to see if there's anything they can do to adjust it in any way to prevent that from happening, since it is a city-maintained light.

All right. That's all I have. Thank you.

Mr. Kopp, is it fair to say that this is going to be complaint-driven as opposed to city workers going around and saying, "Aha, aha, aha"?

100%, yes. Uh, this will be complaint-driven. One of the ways we can attend is we work after hours to attend, uh, different meetings, various meetings. We'll try to incorporate as much of best of code enforcement as we can during that time, to make sure we're not, uh, adding extra payroll, but we're not going to be, you know, out routine looking for, uh, spotlights if we don't have a complaint.

Councilwoman Hall.

Thank you for recognizing me. Um, the one that, uh, Councilman Lewis was speaking on, uh, that was only supposed to be a temporary, uh, type of light fixture. It was put there because we didn't have anything other than that. Have we since received the proper light fixture that should be in that space?

I don't want to speak on behalf of the electric department, but I can, uh, follow up and see what I can get for that, and, uh, let you know.

Thank you. I yield.

Thank you. Councilman Sudler.

Uh, thank you for my final remarks. So, um, I'm thinking, so, um, when you have, when it comes to enforcing, when it comes to enforcing this ordinance, once after, uh, how would you, what would be the criteria? What mechanism would you use to assess excess of lighting, and are you going to, and how are you going to, uh, investigate? Are you going to, is code enforcement going to come out at night now, and are you going to do, do you need to hire a person or is that a duty that someone's going to be and get extra intensity, like a overtime or something? How would we make sure that we won't be flooded with code appeal hearings with every process of this manner?

Councilman Anderson.

Uh and uh I'm grateful for that uh went to visit Mr. Jennings, took his tour, then got out there and uh that is you could see all the way across the other side. That was and uh and this another wonderful thing is the garden and play things. Particularly uh like the city department, the also sanitation, then for the housekeeping, and people that have been all the time. They served the food, it was good. But uh also want to thank Sussex Tech High School culinary arts students. They volunteered and the result was very, very positive and thankful to each neighbor. So to people that uh let's see we look forward to first thank you, clean food, men and women that have been Sussex County that's been factored uh and the environment uh in general being in regards to uh the winter shelter, the men's shelter that's on Division. Tomorrow, the 16th, we're leaving and uh they said we're here for those who won't be uh often in the people, but uh we've been thankful that uh fire training uh at the 16th. Thank you, I yield the floor.

That would be a case-by-case basis. Um, although it's not going to be very common, what we what we're addressing, uh, and as we get a complaint, we'll assess. Can we pair it up with a meeting? We go to a lot of evening meetings that are at night. Uh, that would be the ideal time to assess it. And then, if like anything else, if somebody disagrees with our interpretation, there is the appeals board. Uh, but we are going to try to do our due diligence. Just like any complaint we receive, some, a complaint may not be justified, and it may not be as serious as somebody thinks it is. Um, the goal here is to be able to educate and reach out to people and discuss, hey, can you just turn a light here or there. Just like anything else we do, it won't escalate so. Um, sometimes it may just be, um, somebody doesn't realize it's causing that impact on a neighbor. With this ordinance, we can at least get a letter out, and once people are made aware of it, hey, it is impacting them, more make effort to correct it.

Thank you for the comments. What I'm thinking about is just like in construction, we have mechanisms that hold more degrees of fold that will apply to certain aspects, right? So, I'm I'm more concerned about, uh, a tangible mechanism that can be put up there, and then also, you know, situations with change in the homeowner's associations meetings are in mind. That's a good way to complain, and all that. So, we do have complaints that is aggressive in that manner, so is a final thing that you can look out for in the night. It's been thought on it, and again, I support ordinances, and I know this would be able to aid you. Great job. I yield.

Thank you. Any other questions? Councilwoman Hall again. Councilwoman Hall? Councilwoman Hall.

Thank you for recognizing me. Um, Councilman Sudler, one of the things that, um, we didn't have a lot of discussion around, or the discussion around was the lumens, and, um, we decided that that was not going to be like a a good, um, uh, measurement, and that for the purpose of this particular ordinance, it was more so just not having the light directed in a way that it's offensive. So, I think that, um, being able to determine like a, uh, a measurement, um, was a little bit, um, difficult to manage, so that the language that we talked about was just to not have it facing a person's window or property.

Councilman Sudler.

Councilman Boggerty.

Hey, how you doing, buddy?

Doing good, and you?

We, we did 42 wreath layings on behalf of the city, and looking forward to returning in 2024. Probably more than 42 wreath layings that day. And we look forward to making that a bigger event. We're going to make it bigger. But my final remark would be to uh Dr. Vilma Collins for her 100th birthday celebration that we celebrated her life. And I want to give her a Dover recognition, announcement where the Mayor was there as well. Showed love for the, as we celebrated that, that occasion. Thank you.

Okay. Thank you. Yes, Council Councilman Anderson.

Thank you, Mr. President. And directed to Mr. Kopp, please, sir. Thank you. Is this, uh, based upon what already exists in Kent County?

Yes, so this is very similar language to Kent County, just tailored to the city of Dover. Uh, I think we used a lot of language and just tweaked it a little bit to make it, uh, make feasible here.

If there are no other announcements by members of council, this meeting is adjourned.

Thank you. I yield.

If there are no other questions, I'll ask, uh, I'll request Madam Clerk to introduce the ordinance in accordance with Section 1-9 of the Dover Code. Madam Clerk.

There is no action at this time. Ordinance 2026-15 amending Chapter 42, Environment, by adding Section 42-3, Lighting. This constitutes the first reading. The final reading is scheduled to take place on November 9th, 2026.

City Manager's announcements.

Thank you, Mr. President. Um, one, during the water main cleaning project, there are all of these items so there may be issues in South Dover and Queen Street. Uh, there was also paving today on South Street, and paving will occur on North Queen Street during the, um, the current area is fully in completion. Also wanted to know that the Dover DelVal delivery system, the change in the home deliveries, and we have not heard reports of any operational issues or any customer complaints to this operation. Thank you.

Mayor's announcements.

Thank you, Mr. President. I'd just like to, uh, remind everyone that there's going to be a Veterans Parade on November 7th at 11:00 a.m. in downtown Dover, and on November the 11th there will be the Veterans Memorial Service at memorial service at the at the Vietnam Veterans, uh, monument at the, uh, county, uh, over by the county administration. And that's sponsored by Vietnam Veterans Chapter 850. Thank you, Mr. President.

Councilmen's announcements. Councilman Sudler.

Thank you, Mr. President. I just want to thank, uh, Sharon, the City Manager, uh, for the quick action for the repaving of North and South Queen Street. We know that, uh, Mt. Zion AME Church, they appreciated it, and also Calvary Baptist Church also, uh, expressed that, and have concerns and they've been very, they appreciated as well as the phone calls that were very great job, uh, that's what we need and and you provided it. Thank you.

Other councilmen announcements. Councilman Anderson.

Thank you, Mr. President. And we, uh, I'm sure a Dr. Seuss celebration is one of we're not for what we've had on the ground here, uh, in the municipal building of the city. Folks can come and find the Horton Hears a Who, and, uh, and that that's located at the old library and, uh, and that that is open. And I hear that they'll fall on the lawn, the physicals, and, uh, yeah. Um, could, and, uh, and I can say we stop the pollution.