Página 1
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on August 28, 2017 at 7:31 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole,
Mr. Polce, and Mr. Lindell. Mr. Hare and Mr. Lewis were absent.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire
Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present
(departed at 7:40 p.m.).
OPEN FORUM
The Open Forum was held at 7:00 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Steven French stated that Loockerman Exchange and the former library were available and asked
why the homeless could not live there. He noted that the homeless would need a home before
winter.
Ms. Janetta Guinn stated that she was stopped by the Dover Police two years ago for not wearing a
seatbelt and the judge said that all vehicles in Delaware were required to have seatbelts. Noting that
school buses, public transportation, and Dover Police motorcycles do not have seatbelts, Ms. Guinn
asked how there could be one law for one person and not another law for somebody else. She noted
that there were 7, 8, 9, and 10-year-old kids on school buses getting hurt every day. Responding,
Council President Slavin advised that the State Legislature enacts the laws that govern transportation
and that Mayor Christiansen would speak with Ms. Guinn after the Open Forum and relay her
concerns to the State Legislature.
Ms. Guinn, noting recent news stories, asked why police are placed on administrative leave
with pay when they do something wrong. Council President Slavin advised Ms. Guinn that
Mayor Christiansen would speak with her at the conclusion of the Open Forum.
Ms. Cynthia Quevedo stated that she loves all of Councilman Anderson’s posts and that she agrees
with him 100%.
Mr. Swann Twitty advised that his issues were jobs and homelessness. He stated that it was difficult
for people with records to get jobs and there were not equal opportunities.
Mr. Eric Abernathy stated that the homeless need to be helped because the homeless situation is not
going away until they can all learn to work together to help the situation and get the people off of
the street. He noted that a building or a piece of land could be found or they could build tiny houses
or some type of affordable housing. Mr. Abernathy stated that you cannot survive on a minimum
wage job in Dover.
Pastor Aaron Appling advised that they will serve over 50,000 meals to the Dover community this
year and that they give out 100 to 125 banana boxes of food to families every single week, or
approximately 5,000 boxes per year. He advised that they receive no government assistance and they
Página 2
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 2
are able to provide food efficiently. Pastor Appling stated that they run into organizations who are
funded, and have money, who are far less efficient than they are. He noted that they would continue
with their feeding programs and would be extending the program to other parts of the county in
October. Pastor Appling, noting that the City partnered with Interfaith Mission and other
organizations in the past, requested assistance, such as a vacant building downtown where they can
serve more efficiently without spending so much money on gas running back and forth.
Ms. Sue Harris stated that she wanted to address a comment made by Mr. Neil during the last City
Council meeting that Council is roundly criticized for supporting NCALL and Habitat’s building of
affordable homes. She advised that they have never criticized the City's efforts with NCALL or
Habitat for Humanity. Ms. Harris stated that the work that they do is commendable and they wholly
support their efforts; however, they have no programs for the homeless or the chronically homeless
and their efforts are for home ownership. She advised that they are advocating for those who need
very low rentals and asked that the City not use its support of NCALL and Habitat for Humanity in
defense of any efforts to help the homeless.
Ms. Harris advised that she had originally intended to apologize for some of the things that were said
during the last meeting, since it appeared that their questions came across as unfounded, reckless
accusations of profiteering. She stated that neither she nor Ms. Teri Staub intended for their
questions to be taken as accusations, they were simply questions. Ms. Harris advised that she did
e-mail an apology the previous week for some inaccurate research she mentioned at the last meeting.
She advised that she realized she was inaccurate on the path of transactions and provided research
showing the tax payments for each of the NCALL properties (Exhibit #1) that appear to have been
disposed of as surplus properties. Ms. Harris stated that, in this process, a total payment to the Tax
Assessor's Office was made in a lump sum of approximately $226,500 for FY 2016 and FY 2017.
Ms. Harris asked if a funding stream could be created, supported by those tax lien payments, less the
demo fees, for surplus abandoned properties, and allocated to help create affordable rental housing
in the City of Dover. Ms. Harris advised that they were not there to make accusations and they do
not quite understand the defensiveness because their point is not “what are you doing with these
funds?” but “what are you not doing with them?” She reiterated that affordable rental housing for
the low and very low income is in short supply and a part of the City’s Consolidated Plan is to
address that need. Ms. Harris asked that the City consider partnering with additional non-profits to
create affordable rental units from surplus properties.
Ms. Harris requested that the City clarify in its Code that a grantee is required to submit a
certification that will affirmatively further fair housing; that the City will conduct an analysis to
identify its impediments, take appropriate actions to overcome them, and keep records. She stated
that these impediments are private sector and government actions or behavior against policy,
ordinance, regulations like building codes, zoning ordinances, and practices that have the effect of
restricting housing choices or the availability of housing choices due to gender, race, familial status,
national origin, real origin, and disability. Ms. Harris provided documentation on the analysis made
in 2011 and the recommendations that have yet to be implemented (Exhibit #2).
The invocation was given by Captain Elmer N. Davis, Jr., followed by the Pledge of Allegiance and
a moment of silence in recognition of the loss of Councilman Lewis’ mother.
Página 3
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 3
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Anderson and carried
by a unanimous roll call vote (Hare and Lewis absent).
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 7, 2017
The Minutes of the Special Council Meeting of August 7, 2017 were unanimously approved by
motion of Mr. Neil, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 14, 2017
The Minutes of the Special Council Meeting of August 14, 2017 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 14, 2017
The Minutes of the Regular Council Meeting of August 14, 2017 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
PROCLAMATION - NATIONAL PREPAREDNESS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, National Preparedness Month creates an important opportunity for City of Dover
residents to prepare their homes, businesses, and communities for potential natural disasters or
terrorist attack, and investing in emergency preparedness can reduce injuries, fatalities, and economic
devastation in our community and nation; and
WHEREAS, the 2017 National Preparedness Month theme "Disasters Don't Plan Ahead. You Can"
emphasizes the importance that we should all take action to prepare, and the Federal Emergency
Management Agency's "Ready" Campaign, Citizen Corps, and other federal, state, local, private, and
volunteer agencies are working to increase public activities to prepare for emergencies and to educate
individuals on how to take action; and
WHEREAS, City of Dover citizens are able to help first responders in the community by being
trained on how to respond during an emergency and what to do when disaster strikes. Emergency
preparedness is the responsibility of every citizen of the City of Dover, and all citizens are urged to
make preparedness a priority and work together to ensure that individuals, families, and communities
are prepared for disasters and emergencies of any type. Residents are encouraged to participate in
preparedness activities and to be proactive in establishing sound plans for addressing emergencies.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim the month of September 2017 as NATIONAL
PREPAREDNESS MONTH in the City of Dover, and urge all citizens, businesses, and
Página 4
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 4
organizations to develop their own emergency plan and work together toward creating a more
prepared society.
On behalf of the Mayor and Council, Mayor Christiansen presented Fire Chief Carey with the
Proclamation and thanked Police Chief Mailey; Mrs. Kay Sass, Emergency Management
Coordinator; Fire Chief Carey; and all first responders for their service.
PRESENTATION - RECOGNITION OF SERVICE - JOHN TINSLEY - DOWNTOWN
DOVER PARTNERSHIP BOARD OF DIRECTORS (JULY 2014 THROUGH MAY 2017)
The City Clerk read the following Certificate into the record:
CERTIFICATE OF APPRECIATION
Presented to
JOHN TINSLEY
Downtown Dover Partnership Board of Directors
July 2014 - May 2017
The City of Dover extends sincere appreciation for your public service.
August 28, 2017
On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to Mr. Tinsley and
thanked him for his service and continued commitment to downtown Dover.
SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT -
JULY 27, 2017
The Special Dover Human Relations Commission (DHRC) meeting was held on
July 27, 2017 at 6:03 p.m. with Chairman Henderson presiding.
Election of Committee Chair - Education Committee
Mr. Henderson advised that Mr. Fleming had expressed an interest in serving as
Chair of the Education Committee and asked if there were further nominees.
The Commission elected Mr. Paul Fleming to serve as Chair of the Education
Committee.
By consent agenda, Mr. Neil moved for approval of the Commission’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent).
Página 5
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 5
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
Mr. Gaddis advised that there was no report for the Government Policy, Programs,
and Practices Committee.
Community Engagement Committee (Mullen)
Ms. Mullen stated that St. Andrew’s Lutheran Church had reached out to her because
she serves on the White Oak/Towne Point Civic Association. She noted that she had
not yet responded to St. Andrews and she asked if she could represent the DHRC or
should represent the White Oak/Towne Point community when interacting with
them. Responding, Mr. Henderson indicated that he had seen Reverend
Mark Walters, Pastor, St. Andrew’s Lutheran Church, earlier in the day at a Rotary
Club meeting, and Reverend Walters had provided Mr. Henderson with a formal
letter stating that St. Andrew’s wanted to get together and ask questions.
Mr. Henderson indicated that he would provide this letter to Ms. Mullen and discuss
it with her. He advised that this would be an excellent contact for the DHRC, noting
that Reverend Walters seemed willing to do outreach for the DHRC.
Ms. Mullen stated that the Church the Body of Christ on Townsend Boulevard was
also very interested in what the DHRC does, and she was waiting for the
development of a DHRC brochure to move forward. Mr. Henderson stated that he
would never say no to churches and noted that he may also approach some churches.
Mrs. Herbert informed members that she had been working with the National
Council on Agricultural Life and Labor Research (NCALL) Restoring Central Dover
community engagement forum planning group, and Ms. Mullen had also been doing
so when she is available. Mrs. Herbert advised that it is easier for her to attend than
Ms. Mullen because Mrs. Herbert does not work. She stated that the group had
established an over-arching topic for a series of forums, and the topic was the things
that one should know about education. Mrs. Herbert advised that the first forum,
scheduled for September 30, 2017, would address available sources to help with
education. She explained that this session would relate to services that exist both
inside and outside the public schools to support students and families, how families
can learn about these services and take advantage of them, and where the gaps are.
Mrs. Herbert advised that another forum would be held on November 4, 2017
regarding how external forces and systems, such as poverty, economics, crime, the
criminal justice system, and the political system, can work at cross-purposes to
students’ success, and how changes in these areas can bridge some of the gaps
identified. She indicated that there had been discussion about placing a special
emphasis on crime, since crime was a hot and timely topic in the community.
Mrs. Herbert indicated that a third forum would be held on January 27, 2018
regarding transitions from high school to college and would be aimed at high school
freshmen and sophomores. She stated that this session would be delivered in large
part by Delaware State University (DSU) and Wesley College students and would
Página 6
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 6
possibly include breakout sessions for students of different ages, so that content could
be better targeted to what students need to know and when.
Mrs. Herbert asked if this series of forums was something that was appropriate for
the DHRC, stating that she felt the first forum was appropriate because it was about
resources. She also asked if she should continue to attend the NCALL forum group
planning meetings or if this should fall under the purview of Mr. Fleming and the
Education Committee.
Responding to Mr. Henderson, Mrs. Herbert stated that the community engagement
forum planning group was part of NCALL, and NCALL had involved Wesley
College, DSU, Wesley College Drug and Alcohol Education, and Central Middle
School. She explained that Dr. Chanda Jackson, Community Engagement Specialist,
NCALL, oversees the entire program. Mrs. Herbert advised that a member of the
State Human Relations Commission (SHRC) had been involved in an initial housing
forum put on by the group when the SHRC was working on housing; however, she
had taken herself off the planning group because the next series of forums proposed
was not about housing. Mrs. Herbert suggested that if the DHRC did not participate
in any of the other forums, they may want attend the first to talk to families about
educational resources and bring DHRC pamphlets. She explained that the forum
planning group had not yet developed a title for the event. Mrs. Herbert noted that
the group had been meeting every two (2) weeks at 10:00 a.m. on Fridays, and the
next meeting was scheduled for Friday, August 4, 2017 at 10:00 a.m. at the Midnight
Roast Coffee Shop at Wesley College.
Mr. Gaddis noted that he had taught high school for 33 years, and he suggested that
the transitions workshop scheduled for January 27, 2017 not be confined to high
school to college transitions. He indicated that he would like kids to have the ability
to transition from high school to employment, apprenticeships, technical schools, etc.
Mr. Gaddis expressed his opinion that there had always been too much emphasis on
college and that credence and value should be given to working. He explained that
some young people have their own ideas, do not want to go to college, and want to
work and do something productive with their lives, and there is a need to help them
as well.
Mr. Henderson stated that the forums were worth looking into. Mrs. Herbert advised
that the planning group seemed to be concerned about whether or not parents would
come and bring their kids and wanted to start advertising early; however,
Mrs. Herbert indicated that more focus was needed before advertising. She stated
that the group was doing very well and putting in the time that was needed for the
forums. Mrs. Herbert stated that she had attended a previous forum put on by the
group in April 2017 which was very successful. She noted that the group was
working to make central Dover better and must hold their events in that area;
therefore, the three (3) forums would be held at Wesley College, and Central Middle
School would be involved.
Página 7
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 7
Mr. Henderson stated that the forums sounded great, Mrs. Herbert could educate
members about the sessions, and they could attend some of them. Mrs. Herbert
suggested bringing the DHRC’s brochure. She stated that she was unsure how the
DHRC would fit into the forums; however, the forum planning group wanted the
DHRC to provide any resources that members knew of, noting that Dr. Jackson
needed this information to be sent to her. Mrs. Herbert noted that she herself had not
been in Dover long enough to know all of the available resources. She stated that
there was a resource called Parent, Inc. that she had never heard of which is very
helpful to parents.
Mrs. Herbert advised that the planning group had mentioned only the transition from
high school to college in regard to the forum planned regarding transitions. She
noted that a lot of parents and kids would be cut out if other transitions, such as
technical school and work transitions, were not included. Mrs. Herbert agreed with
Mr. Gaddis’s previous comments that the high school to college focus may be too
narrow.
Ms. Mullen informed members that she had recommended to the planning group that
they focus on the middle school to high school transition. She noted that a lot of
children are being lost at an early age because they are becoming involved in other
things that are offered to them. Ms. Mullen expressed the need to condition
children’s mindsets to think about college well before high school. She concurred
with Mr. Gaddis and Mrs. Herbert that there was a need to consider children who are
not interested in college.
Mr. Henderson noted that the forums would apply to the DHRC Education
Committee, as well as to the Communications Committee for marketing. He advised
that if the DHRC could be a conduit of information to advertise and make people
aware, it will have fulfilled its role as a commission. Mr. Henderson indicated that
the DHRC could advertise that they are in touch with NCALL and that symposiums
would be held. He stated that events could be advertised to the community and
members’ districts by way of brochures, radio, and social media, such as Facebook
and Twitter.
Responding to Mrs. Herbert, Mr. Henderson stated that Mr. Fleming could be
involved with the forums due to his role on the Education Committee. Mrs. Herbert
stated that she thought other members should be included in these types of events.
She expressed her hope that Mr. Fleming could come to the next planning group
meeting scheduled for August 4, 2017.
Education Committee (Fleming)
Mr. Fleming apologized for missing the previous DHRC meeting, stating that he had
forgotten that the meeting time was 6:00 p.m. and had come at 7:00 p.m. He noted
that his attendance would have provided a quorum for the meeting and apologized
for taking up members’ time by not being present on time.
Página 8
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 8
Mr. Fleming stated that he had thought members could get exposure for the DHRC
by walking in the Fourth of July parade wearing their DHRC shirts; however, he had
brought this up at the last minute and members may not have been available.
Mr. Fleming recommended that the DHRC participate in these type of events as often
as they can so that people know who they are. He stated that all members would not
have to walk, but if more than one (1) or two (2) people could participate, this would
help expose the Commission to the Dover community.
Mr. Fleming noted that an article in the Delaware State News earlier in the week
regarding the Student Excellence Equals Degree (SEED) program stated that one (1)
of the legislators was upset because he did not think taxpayers should be paying to
send other people’s children to school. Mr. Fleming expressed his opinion that this
legislator was completely off base and that SEED is an excellent program. He
advised that education is not just about degrees and noted that there are many
technical programs, such as solar energy, etc. Mr. Fleming expressed his hope that
some of the SEED money would work its way into technical programs for high
school graduates. He stated that the SEED program is a wonderful opportunity for
the citizens of Delaware to transition into higher education, including both technical
and degree programs. He encouraged members to find and read this Delaware State
News article, which he stated they would find very enlightening. Mr. Fleming
estimated that 98% of those who commented in the newspaper the day after the
article was published were in favor of the SEED program and helping kids to obtain
higher education.
Communications Committee (Paige)
Reverend Paige advised that she had no report. She noted that she and Ms. Mullen
had agreed to work together, since communications overlaps with the community
engagement. She noted that Ms. Mullen had performed outreach with radio networks;
however, Reverend Paige stated that she had not been involved and they would
correct this for next month.
Liaison to State Human Relations Commission
During the Dover Human Relations Commission Workshop held on May 25, 2017,
members considered a Review of DHRC Strategic Plan 2015-2018 Long-Term
Objectives and Development of Work Plans. Members discussed objective C.2.,
“Develop an understanding with the State Human Relations Commission that will
delineate the roles and procedures of the two Commissions in the solution of alleged
discrimination complaints which fall within the jurisdiction of the State Human
Relations Commission and identify and maintain specific ways the two Commissions
will work together.” Members discussed appointing a member of the DHRC as a
Liaison to the State Human Relations Commission (SHRC) to accomplish this goal.
Mr. Henderson nominated Mrs. Herbert to serve as Liaison to the State Human
Relations Commission.
Página 9
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 9
The Commission elected Mrs. Sara Herbert to serve as Liaison to the State Human
Relations Commission.
By consent agenda, Mr. Neil moved for approval of the Commission’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent).
Mrs. Herbert stated that she had spoken to Ms. Annette Fletcher, Delaware Division
of Human Relations, who had encouraged her to attend SHRC meetings, and
Mrs. Herbert had attended one (1). She advised that Ms. Fletcher had explained that
a public forum is held before the meetings; however, Mrs. Herbert did not observe
this and, since they did not have the open forum, she indicated her belief that not
many people attend meetings. Mrs. Herbert advised that she attended the SHRC
meeting by herself, no one had asked her why she was there, and she was eventually
invited to the table. She explained that Ms. Kelly Brown, Delaware Division of
Human Relations, takes meeting notes and handles meeting business in Dover.
Mrs. Herbert indicated that the meeting is a virtual meeting and is conducted using
television, so that those in Wilmington can see participants from southern Delaware.
She advised that it was suggested that she talk to Ms. Brown and ask to be placed on
an agenda.
Mrs. Herbert informed members that she would like to have their feedback regarding
establishing a connection with a member of the SHRC who is not from Dover. She
explained that she believed that a representative from Dover would already be
enmeshed in what is going on in Dover, and she favored being connected with
someone who has an unbiased opinion in case questions needed to be asked of the
SHRC. Mrs. Herbert advised that she was experiencing difficulty having phone calls
returned by the SHRC and noted that SHRC members, like DHRC members, are
volunteers. Mrs. Herbert indicated that she wanted to find out how the DHRC and
SHRC can interact with each other, noting that she was not absolutely positive that
they can.
In response to Mr. Henderson, Mrs. Herbert indicated that source of the SHRC
meetings is in Wilmington and meetings are run by Mr. Calvin Christopher, Chair,
SHRC. She indicated that her phone number had been provided to Mr. Christopher;
however, he had not returned the call. Mrs. Herbert reiterated that everyone that sits
at the SHRC table is a volunteer, with the exception of Ms. Brown in Dover and
Ms. Fletcher in Wilmington.
Mr. Gaddis asked what insight Mrs. Herbert was hoping to obtain by connecting with
a SHRC member outside of Dover. Responding, Mrs. Herbert stated that she would
not know this until she talks to a contact to find out what the SHRC does, versus the
DHRC. She noted that during the DHRC Workshop of May 25, 2017, members had
discussed subpoenas and other matters. Mrs. Herbert stated that the DHRC handles
Dover and the SHRC covers the entire State, which includes Dover, and she wanted
clarification so that the DHRC does not step on toes or do something that the SHRC
Página 10
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 10
is supposed to do. She also noted that connecting with the SHRC relates to long-
term goal C.2. of the DHRC Strategic Plan 2015-2018, and is something the DHRC
is supposed to do.
Mr. Henderson suggested that he accompany Mrs. Herbert to the next meeting and
perhaps this connection could be clarified. Mrs. Herbert noted that neither she nor
her SHRC contact would be making decisions; however, there was a need to have a
bridge to obtain information. She informed members that Mr. Roy Sudler, City
Council Representative for the Fourth District, and Kent County Representative to
the SHRC, represents the Dover area on the SHRC. She indicated that she had
nothing against Mr. Sudler; however, she had noticed that he had not attended some
of the SHRC meetings, and she noted that he may be busy and not have the time.
Reverend Paige stated that she had excused herself from the conversation. She
advised that Mr. Sudler represents Dover on the SHRC and formerly chaired the
DHRC.
Mrs. Herbert explained that she knew Mr. Sudler and had no problem with him. She
acknowledged that he would be much closer than some of the other SHRC members
who come from all over the State to attend the meetings.
Mr. Henderson advised that he would like to attend an SHRC meeting. In response
to Mr. Henderson, Mrs. Herbert stated that she was unsure of the SHRC’s meeting
schedule but it was her recollection that meetings are held on the second Thursday
of the month at the Cannon Building on Silver Lake Boulevard. She advised that
Mr. Henderson could attend with her, and stated that she would contact Ms. Brown
first, tell her that they would be coming, and obtain information from her about the
meeting date and time. She indicated that she had spoken with Ms. Brown
previously and informed her about the long-term objective in C.2 of the DHRC
Strategic Plan 2015-2018. Mr. Henderson stated that he and Mrs. Herbert would
attend the August SHRC meeting together.
DHRC Participation in Radio Segment
During the Dover Human Relations Commission (DHRC) Workshop of
May 25, 2017, Ms. Mullen informed members that she had an opportunity to
participate in a radio talk show segment and asked if this would be permissible.
Responding, Mrs. Stein indicated that this item could be placed on a meeting agenda
for members' consideration and, if they chose, participation could be recommended
to Council.
Ms. Mullen advised that she had been in communication with Ms. Benita Gassi from
the Ms. Benita Show TV and Radio Network, who had advised her that the cost of
DHRC’s participation on the radio would be $125. Ms. Mullen explained that, if
members chose to proceed, coverage would be on four (4) networks, including Bomb
Baby Radio, Hottest Live Radio, Media Angel TV and Radio, and ACT Boom TV,
and there would be continuous advertising and a 15-minute interview segment with
Página 11
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 11
a member of the DHRC. Ms. Mullen advised that participation would allow the
DHRC to update and educate the public on what the Commission is about, its
missions and goals, and how the DHRC can help the community. She noted that
Ms. Gassi had also offered to provide Twitter and Facebook services, which
Mr. Henderson stated would be fine, noting that he is not familiar with this type of
media. Ms. Mullen stated that she would have to do some research if members
wanted to proceed.
Reverend Paige advised, having been in radio herself, that she was not in favor of
paying $125 for what the DHRC wants to do. She stated that the DHRC is public
service and, in her opinion, there should be no cost for members to discuss who the
DHRC is and what they do, and the radio station should invite the DHRC in for this
purpose. Reverend Paige noted that radio station WWDE at Delaware State
University (DSU) broadcasts beyond DSU and suggested WDOV as well. She
indicated that she is acquainted with Ms. Gassi and had no problems with her;
however, she was not in favor of paying $125. Reverend Paige advised that she
could understand paying this amount to purchase a $125 advertising package but not
to inform the community about the DHRC.
Ms. Mullen and Mrs. Herbert concurred. Ms. Mullen stated that the $125 cost had
been mentioned at the end of her conversation with Ms. Gassi, and she had then
advised Ms. Gassi that she wanted to take this information back to the Commission.
In response to Mr. Gaddis, Ms. Mullen stated that she was unsure if the radio stations
mentioned by Ms. Gassi were licensed. Mr. Gaddis advised that every licensed radio
station is required to provide public service time as part of federal licensing.
Reverend Paige stated that she was unsure if Ms. Gassi is licensed, noting that
Ms. Gassi mostly does internet radio. Reverend Paige advised that
Reverend Shonde Greene broadcasts on Faith 1510 in Wilmington, and interviews
can be recorded for later broadcast. She indicated that Faith 1510, WWDE, and
WDOV are stations in the area with wide listenership that would cover the diverse
population that the DHRC is trying to target.
Mrs. Herbert noted that Ms. Gassi may not recognize that the DHRC is a public
service entity.
Reverend Paige advised that she could work with Commissioner Mullen further on
this matter, reiterating that communications and community engagement overlap.
In response to Mr. Henderson, Ms. Mullen noted that Ms. Gassi had also mentioned
blogs and other things. She suggested deferring this item until she and
Reverend Paige can collaborate. She stated that radio is a good resource and avenue
to utilize to get word out to the public and expressed the desire to reach all segments
of people, rather than catering to one (1) type of population.
The Commission deferred this matter for collaboration.
Página 12
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 12
Development of DHRC Brochure
Referring to the brochure entitled, “Dover Human Relations Commission,” formerly
circulated by the DHRC and provided by Mr. Fleming, Mr. Henderson advised that
he liked the beautiful logo.
During their meeting of April 10, 2017, Council considered the Development of a
Concise Statement - Mission and Functions of DHRC and approved the DHRC’s
recommendation to accept the concise statement as written. Mr. Gaddis expressed
concern that the brochure did not include the concise statement that he and
Reverend Paige had developed and was approved by the Commission.
Mrs. Stein explained that the brochure being reviewed was used by the Commission
previously and had been provided by Mr. Fleming. She noted that it was included
to provide members a starting point for a new brochure. Mr. Henderson advised that
the brochure was from years ago. He stated that numbers and other things would
change and advised that the mission statement could be the first thing to change.
Mr. Henderson asked if Mr. Gaddis could take on the task of looking over the
excellent but outdated brochure. He stated that this was not intended as a slight to
Mr. Fleming and suggested that Mr. Fleming could perhaps do some fine tuning on
the brochure.
Mr. Gaddis noted that Reverend Paige had also been involved in developing the
concise mission statement.
Referring to the Mission Statement in the brochure, Mrs. Herbert indicated that she
was disturbed by the third paragraph, which stated that “The Commission is
authorized to inquire into incidents of inter-group conflicts, disputes and alleged
discrimination within the City and to make recommendations to the Mayor and City
Council for action to alleviate such conflicts.” Based on the DHRC Workshop held
on May 25, 2017, she expressed her understanding that the DHRC is an advisory
Commission and noted that this statement sounded more investigative. Mrs. Herbert
stated that if the DHRC was allowed to inquire into incidents, this should be listed
in the brochure; however, she was unsure that a decision had been made and if the
DHRC was allowed to do this. Responding, Mr. Henderson stated that he recalled
that it was concluded that issuing subpoenas and getting involved in every small
matter was not something that the DHRC would be doing. Mr. Fleming and
Reverend Paige concurred. Reverend Paige stated that members had discussed
possibly looking into this further down the road, but not now.
Reverend Paige stated that she saw the previous brochure as a guideline so that
members would know what is needed in the new brochure. She noted that she was
delighted to see Mr. Jon Offredo, DHRC Commissioner, Fourth District, when she
walked in the door, stating that she did not know that he was a Commissioner.
Reverend Paige advised that she had asked Mr. Offredo if he would help her with
communications, noting that Mr. Offredo has experience with The News-Journal.
Página 13
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 13
She recommended that she and Mr. Offredo work on the brochure together, stating
that she viewed the brochure as falling under communications. Reverend Paige noted
that anyone else who wanted to work on the brochure could also do so.
The Commission recommended that Reverend Paige and Mr. Offredo work on the
brochure, as well as anyone else who wants to do so.
By consent agenda, Mr. Neil moved for approval of the Commission’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent).
Mr. Henderson stated his understanding that Reverend Paige, Mr. Offredo, and
Mr. Gaddis would work on the brochure and provide a product at the next meeting.
At Mr. Henderson’s request, Mr. Jon Offredo advised that he resides in the Fourth
District, and he and his fiancee rent an apartment on The Green above The Delaware
Store. He stated that he has been living in Dover for approximately four (4) years
and had been a reporter for three (3) of those years at the News-Journal, covering
Legislative Hall and the City of Dover. Mr. Offredo stated that he quit this job
approximately one (1) year ago and now works for the State of Delaware, Public
Defender's Office, where he does legislative policy and communications work. He
indicated that he is happy to help in any way possible.
Update of DHRC Webpage
This item was deferred due to time constraints.
Sponsorship of Educational Symposium
This item was deferred due to time constraints.
DHRC Vacancies
This item was deferred due to time constraints.
By consent agenda, Mr. Neil moved for acceptance of the Dover Human Relations Commission
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and Lewis
absent).
COUNCIL COMMITTEE OF THE WHOLE REPORT - AUGUST 15, 2017
The Council Committee of the Whole met on August 15, 2017 at 6:00 p.m., with
Council President Slavin presiding. Members of Council present were Mr. Anderson
(arrived at 6:23 p.m.), Mr. Sudler (departed at 6:34 p.m. and returned at 6:40 p.m.), Mr. Neil,
Mr. Cole, Mr. Polce (departed at 6:34 p.m. and returned at 6:35 p.m.), and Mr. Hare.
Mr. Lewis and Mr. Lindell were absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Ms. Arndt (Utility), and
Mr. Shevock and Dr. Stewart (Legislative, Finance, and Administration).
Página 14
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 14
UTILITY COMMITTEE
Alternative Solar Energy Announcement by DSU and Eastern Woodland
Holdings LLC., for Potential Public Private Partnership Opportunity sponsored
by Councilman Roy Sudler, Jr. 4th District and Brian Lewis 2nd District
Councilpersons
Mr. Sudler indicated that he thought that this alternative solar energy proposal would
be a great opportunity for a potential solar development in the City of Dover, noting
that it was a partnership between Delaware State University (DSU) and Eastern
Woodland Holdings LLC. He introduced Mr. Chris Coker, a representative for
Eastern Woodland Holdings LLC. Mr. Sudler noted that Mr. J.D. Bartlett had an
emergency to tend to at DSU; however, he had met with Mrs. Donna Mitchell,
Acting City Manager, prior to the meeting to discuss what they were thinking about
proposing to the City.
Mr. Coker informed members that he was representing Eastern Woodlands and DSU,
and announced that they would be partnering up to do some solar together. He stated
that they were still considering that; however, after meeting with Mrs. Mitchell, he
believed that he would go after the Request for Proposals (RFP) for 30 megawatts
(MW), noting that he thought he could fulfill the City’s needs on that with DSU.
Mr. Coker indicated that they were looking to do 20MW to 25MW but, if the station
could hold it, they could perhaps do 30 MW.
Mrs. Mitchell reminded members that in the Integrated Resource Plan (IRP) that was
presented to Council by The Energy Authority (TEA) back in April, one (1) of the
recommendations was that the City do an RFP for 30 MW of solar. She informed
members that she had explained to Mr. Coker that the City would soon be doing that
RFP, and becoming aware of it had encouraged him to participate in that process.
Mr. Slavin cautioned members not to ask any questions of Mr. Coker, otherwise he
may be disqualified from responding to the RFP.
Conwell Street Discussion
Mrs. Sharon Duca, P.E., Public Works Director/City Engineer, reviewed her memo
dated July 28, 2017 regarding Conwell Street Evaluation. She explained that the
Department of Public Works was charged with evaluating Conwell Street in
conjunction with researching the development history, current status, and upgrade
options.
Mr. Sudler asked if there would be another option that would be less complex and
timing consuming, such as a paved alley, or something another level down from a
street with walkways and curb appeal, and drainage. Responding, Mrs. Duca
explained that if Council wanted to pursue the enhancements of this road, technically
deeming it an alley and making the appropriate authentication in that manner would
create the smaller pavement because it would not require the concrete addition. She
stated that it would also give more room within the right-of-way for more natural
Página 15
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 15
swales, etc. to handle the drainage, noting that the concrete sections on a regular road
would make it very difficult and definitely require storm sewer.
In response to Mr. Hare, Mrs. Duca stated that there were a couple of houses on the
front of the street. Mr. Hare noted that this was not a City street. He asked if the
residents wanted to bring it into the City and for the City to take it over. Responding,
Mrs. Duca stated that this was her understanding.
Mr. Hare asked if this would be any different than, for example, if the contractor for
Nottingham Meadows was building houses, did not want to finish the street, and
wanted the City to take it over and finish it. He asked if the City would do that. In
response, Mrs. Duca advised that Conwell Street would be more similar to Cannon
Mill, explaining that the City did have to deal with the roads in that development
because the developer went bankrupt. Mr. Hare asked if there was a developer for
Conwell Street and Mrs. Duca advised that there was not. Mr. Hare asked who owns
the land. Responding, Mrs. Duca stated that it could be considered no man’s land at
this point, explaining that it was never transferred to the City; therefore, it would be
more likely to still be in Kent County. She explained that technically the land owner
would be the original developer of the College Road Settlement from 1899 because
they never deeded it over to any municipal entity. Mr. Hare asked how staff was
going to determine who owns the land. In response, Mrs. Duca, referring to page 2
of her memo dated July 28, 2017 regarding Conwell Street Evaluation, noted that
other sections of roads that wound up being vacated went through the Superior Court.
Responding to Mr. Slavin, Mrs. Duca stated that it would be difficult to trace the
underlying owner of the road at this point, which, she believed, was the reason it
became a matter of the courts. Mr. Slavin asked if the City had any history regarding
who originally paved the road or who paid to have it paved originally. In response,
Mrs. Duca advised that information regarding the original paving was not part of any
of the research or the plans that staff could find. Responding to Mr. Slavin,
Mrs. Duca informed members that Conwell Street was not a publicly identified road
in terms of Municipal Street Aid (MSA); however, it was in regard to Google and
that type of thing. Mr. Slavin stated his understanding that if the road was not owned
by the City, then it would be a State road. In response, Mrs. Duca indicated that it
would be a State or County road. Mr. Slavin stated that typically in a development,
a developer will build out a development, build out the roads, and then dedicate them
over to the City when they are up to the City’s standards, so that the City does not
inherit those costs. He noted, however, that in the case where the developer went
bankrupt and left the roads sub-standard, the City was forced to take action out of
public safety. Responding, Mrs. Duca stated that those subdivisions were
legitimately within City of Dover limits.
Mr. Neil stated that he thought that this matter was very perplexing and he did not
think that it would get a high priority over existing problems. He advised that his
suggestion would be for the City to send all of the people who signed the petition a
letter basically stating that this is not City land. Mr. Neil noted that there are many
Página 16
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 16
issues dealing with the ownership and the deeding to the City, and that while the City
will look at the process to see what the City can do, he did not think the individuals
should expect it to be done quickly because they signed a petition. He explained that
the City should be gentle, but should educate the people who have asked for help that
this is not an easy question to answer and is not simply moving them up in a priority.
Mr. Neil indicated that a significant amount of work would be going on before
getting to the point of moving this matter up in priority, and he stated that he did not
know how fast the City should be getting to that point.
Mr. Hare, referring to the map entitled “Conwell Street Exhibit,” noted that the
houses on State College Road were labeled “property not annexed into the City,” and
asked if these properties were not in the City. Responding, Mrs. Duca stated that he
was correct. Mr. Hare stated that he did not understand why individuals who live in
the County would request the City to pave the roads for them.
Mr. Sudler stated that he thought that the owners felt that because it said Conwell
Street, it was a City road, and the main objective was to assess whether or not it is a
City or County road, which had been done. He thanked Mrs. Duca, noting that she
had done a great job. Mr. Sudler stated that there were a few homes on Conwell
Street, but that he wanted to hear from Ms. Ryder, a resident of Conwell Street who
he believed could speak regarding some of the challenges and difficulties.
Mr. Sudler asked if Mr. Hare or anyone else had been on Conwell Street to look at
it, or had rode their vehicle down it and seen the stumps. Responding, Mr. Hare
stated that he had. Mayor Christiansen stated that he had also been out there and had
seen the condition of the street. He advised members that approximately 20 years
ago the City went through this same process and it was determined that the street was
difficult to bring to City standards because it was mostly in the County.
Mayor Christiansen noted that, while he has empathy for the people who live there,
there are streets in the City that are really under duress as well. He stated that he did
not know if a private individual or a consortium of people could get together and
have the street paved as they do in other communities.
Mr. Cole thanked Mrs. Duca for the research and the work that she did regarding this
matter.
Ms. Sandra Ryder, 291 College Road, informed members that her property abuts
Conwell Street and she was under the assumption that because it was named, it was
a road. She stated that the road had never been paved and explained that, with the
problems with the road, people tear their cars up driving on the street. Ms. Ryder
noted that she would accept an alley, a few stones, or anything; however, after
listening to the discussion, she understood that it was a problem. She asked how
much it would be if everyone in the community got together and decided to pave it
themselves and what that would run up against. Responding, Mr. Cole advised
Ms. Ryder that it was not a City road. Ms. Ryder stated that she still felt that while
they are paying taxes something should be done. Mr. Hare stated that Ms. Ryder
Página 17
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 17
might have to check with the County to make sure they do not have a problem with
it, noting that the City would not be giving the permits or anything.
Ms. Ryder stated her understanding that members were basically saying that it is too
big a problem to be addressed at the moment because there are too many legalities.
Responding, Mr. Cole explained that he did not think that members were saying it
was too big of a problem, but that there were legalities and the control of the right-of-
way and the road.
In response to Mr. Hare’s question regarding who owns the property, Ms. Ryder
stated that she owns the property from the front to 100 feet in the back; however, she
noted that she did not have any idea who owned the street. She explained that she
thought that the City or the County owned the street and, since it was named, she
thought it had to be a street.
Mr. Sudler asked if it was standard procedure for the City to put a street sign name
on streets that it does not own. Responding, Mr. Slavin explained that if there was
a street sign on Conwell Street, the City does not know the origin of the street sign
and, if the City did inadvertently place the street sign, it does not transfer legal
ownership of the street to the City. He indicated that he thought that the underlying
question was if someone could do the deed research to figure out who the underlying
owner of the street is, noting that if it is a County street, the City could go to the
County and ask them to improve it, and if it is a City street, the City would have
responsibilities.
Mr. Neil stated that he did not know how much Ms. Ryder pays, but that he pays
more in County taxes than he does in City taxes, so he thought that the County should
take this one over.
Mr. Anderson, referring to the map entitled “Conwell Street Exhibit,” asked if he was
correct in his understanding that half of the properties surrounding Conwell Street
were in the City, half were not, and the City did not know the ownership of the street.
Responding, Mr. Cole stated that this was correct. Mr. Anderson asked if it would
be appropriate to make a motion for the City to do the research to find out who owns
it.
Mrs. Duca clarified that the City had done the plan and deed research. She informed
members that deeds are not developed for street right-of-ways; however, there is the
original plot plan for the development. She reiterated that the best example would
be similar to a defunct subdivision where the owner has gone bankrupt. Mrs. Duca
advised members that this matter would involve some movement of the County or
the City to take the street over because the ownership of it basically left with the
original developer.
Mr. Cole stated, for clarification, that the City is not looking to take this street over,
and asked if going through the County would be residents’ best avenue to find out
Página 18
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 18
what they need to do if they wanted to take it upon themselves to pave it.
Responding, Mrs. Duca stated that the County and the Delaware Department of
Transportation (DelDOT) would be the next steps.
Mr. Sudler asked, as a point of clarity, if Mrs. Duca was saying that the City did not
want to take the street over, explaining that he thought that she was saying that if the
City were to do it, these would be the steps that the City would have to take. In
response, Mrs. Duca stated that she was not saying that the City did not want to do
it, she was just trying to clarify that there are no actual deeds for the right-of-way.
Mr. Anderson moved to recommend referring the matter to staff to find more
information on the ownership of the street, seconded by Mr. Sudler.
Mr. Hare noted that this was not City property and the people who live around it are
not in the City. He indicated that he was at a loss as to why the City would proceed,
explaining that he could find a lot of properties that are outside of the City that the
City could also research and possibly work on. Mr. Hare asked if the people who live
around the property wanted to be annexed into the City and pay City taxes, etc., if the
City proceeds. He stated that he felt that the County should be doing something, not
the City, since it is not City property.
Mr. Sudler stated that he thought the motion was just a point on information so that
members would be able to make an educated decision, explaining that it was his
understanding that the City did not currently know who owns the property. He noted
that although it appeared that the City does not own the property or have any
responsibility, he thought that out of a genuine consideration for their Dover
constituent, members could at least find out who owns it and possibly even send a
letter, or partner with the constituent to send a letter, to the County or State asking
for financial assistance or for them to make the proper repairs to bring the street up
to code. Mr. Sudler stated that this was the same street that a lady was recently killed
on, noting that it is dark and a safety issue. He expressed his opinion that this matter
was beyond just dollars and was about public safety in the community and for the
constituents of Dover.
Mr. Slavin indicated that he thought that staff had done due diligence in collecting
the information and that, based on that research, a legal opinion was now needed to
advise members regarding ownership and what the City’s legal options are in regard
to this matter. He stated that he thought that it was time to escalate this matter and
send it to legal counsel for an opinion.
Mr. Anderson, referring to his motion to recommend referring the matter to staff to
find more information on the ownership of the street, advised members that he meant
staff in the broadest sense and most appropriate level, which would include the City’s
legal counsel. He indicated that referring it to legal counsel may be the next step;
however, he would leave that decision to staff’s professional discretion.
Página 19
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 19
Mr. Neil asked that a fiscal note be provided regarding what it will cost to do this
research, explaining that he thought members owed it to the taxpayers to find out.
Responding, Mrs. Donna Mitchell, Acting City Manager, stated that she would have
to find out how long it would take to do the research to be able to explain how much
it would cost. Mr. Neil stated his understanding that it would not only take normal
staff time, but professional time to complete this research. In response, Mrs. Mitchell
stated that Mr. Neil was correct and that staff would have to talk to Deputy City
Solicitor William Pepper to determine whether he would have to have staff research
it as well. She explained that City staff had done some research but might need his
help.
Mr. Cole asked Mr. Anderson and Mr. Sudler if they would be amenable to
withdrawing the motion to recommend referring the matter to staff to find more
information on the ownership of the street, and instead ask for a legal opinion to be
provided at the next Utility Committee meeting. Responding, Mr. Sudler stated that
he would be willing to rescind his second to the motion because he was in agreement
with getting a legal opinion, as recommended by Mr. Cole. Mr. Anderson stated that
he did not really think that the motion was being changed; however, if members
wanted to change the wording, he was okay with it because the result of the motions
would be the same.
The motion to recommend referring the matter to staff to find more information on
the ownership of the street was withdrawn.
The Committee recommended that a legal opinion regarding the ownership of
Conwell Street and the City’s legal options in regard to this matter be provided at the
next Utility Committee meeting.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent).
Annual Review and Approval of Governing Policy For Energy Commodity Risk
Management
Mrs. Donna Mitchell, Acting City Manager, reviewed the proposed amendments to
the Governing Policy for Energy Commodity Risk Management. Referring to page
8, she advised that the proposed amendments would provide the Utility Director and
Controller with oversight rather than responsibility, which would provide everyone
an equal say to agree on what changes are made and what transactions are entered
into. In reference to the proposed amendments regarding delegation of authority on
page 13, Mrs. Mitchell noted that the proposed change would not allow the Executive
Risk Management Committee (ERMC) to delegate its approval authority limits to
individuals authorized to commit Dover to financial obligations, because they did not
want non-Dover people committing the City. Referring to Appendix C on pages 26-
27, she advised members that the Business Risks Topology table on page 26 was
meant to be struck through because it is proposed to be removed and replaced with
Página 20
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 20
the table on page 27. Mrs. Mitchell explained that the proposed change to the table
related to the regulatory risk, where it was proposed to put the initials for the
regulatory agencies rather than the description.
Staff recommended approval of the proposed amendments.
The Committee recommended approval of the proposed amendments to the
Governing Policy for Energy Commodity Risk Management, including the new table,
as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the proposed amendments to the
Governing Policy for Energy Commodity Risk Management, including the new table
(Exhibit #3). The motion was seconded by Mr. Anderson and carried by a unanimous roll call
vote (Hare and Lewis absent).
Review of Customer Service Department Shut-Off Procedures (2017 Budget
Review - Hare)
Mr. Kirby Hudson, Assistant City Manager, encouraged members to review the City
Manager’s Monthly Report for June 2017, which was accepted by City Council
during their Regular Meeting of August 14, 2017, explaining that it included charts
depicting the milestones and accomplishments of the Customer Service Department
that he thought members would be pretty happy about. He advised members that,
through the utilization of existing policies, the Customer Service Department had
been able to reduce the average overall number of daily disconnects from a high of
112 to a low of 50 disconnects per day, noting that people are now starting to pay
their bills on time. Mr. Hudson stated that, as part of their research, staff contacted
all of the utility companies operating in Delaware and found that the 21-day due date
for people to pay their bill was pretty much an industry standard.
Mr. Hudson reviewed the Customer Service Department procedure for service
disconnection due to non-payment. He explained that everyone gets 21 days to pay
their bill and then it takes approximately five (5) days, after the 21st day, before the
City disconnects for non-payment. Mr. Hudson noted that this is also around the
same time that the second bill is getting generated, so although the individual or
family is not two (2) months in arrears, the second bill is getting ready to be sent out,
so in a technical sense you could almost say that they are two (2) months behind;
however, it is not a full 30 or 60 days. He noted that the billing dates can change for
an individual, based on weekends and holidays; however, they still get 21 days to
pay.
Mr. Hudson advised that Customer Service Department staff who maintain and
oversee the disconnection list review it daily for different types of things, such as if
it includes any large businesses, or individuals with medical apparatus. He stated that
the City does not want to disconnect large businesses, such as Playtex or Edgewell,
who tend to pay their bills late, noting that their billing departments may be located
out of State, so by the time the check arrives, it could be late. Mr. Hudson informed
Página 21
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 21
members that when staff notices these types of things on the list, they will make
phone calls.
Mr. Hudson stated that the list includes codes which indicate if an individual has a
history of bouncing checks, which is something else that staff looks for. He noted
that staff really tries to do their best and has to perfect this process. Mr. Hudson
advised members that staff tries to see if there are individuals on the list who are
first-timers or are not usually late with their payments; however, he explained that
the list is approximately 50 pages long and there are about eight (8) different screens
that they have to go through for each account and staff is trying to do this
expeditiously, so they may miss one occasionally. He noted that the City’s current
software is unable to indicate whether a person is not usually late with their payments
or if they have a good record; however, the new ERP system should be able to
indicate these types of things.
Mr. Hudson stated that complaints had decreased tremendously, and people were
paying their bills. He indicated that, for those individuals who typically pay on time,
as well as businesses, who are on the disconnection list, the City’s meter technicians
will place door hangers first thing in the morning to provide notice that they will be
back around 1:00 p.m. or 2:00 p.m. to disconnect and that they should contact the
Customer Service Department immediately. Mr. Hudson stated that the City also
makes payment arrangements when individuals contact the Department prior to being
disconnected. He noted that the City also has an autopay option and will
accommodate the elderly, senior citizens, and other individuals who are on a fixed
income or get their money at a particular time during the month, if they sign up for
autopay.
Mr. Slavin noted that the implementation of this disconnection policy had caused
some problems; however, he believed they had leveled out. He thanked the
Customer Service Department team, noting that he goes in Weyandt Hall from time
to time to either pay a bill or just poke his head in and see what's going on, and had
only observed professional, courteous, helpful service. Mr. Slavin stated that he
thought that the Customer Service team was one of the leaders in city government
when it comes to service because they certainly face some difficult situations and
they do it with poise and integrity, which he appreciates.
Mr. Slavin reminded members that Council originally made this change because the
City was carrying approximately $1M in back utility bills. He noted that electricity
is different than phone or cable television service, for which you are billed in advance
of the next 30 days you are about to use, because electricity is billed for the 30 days
that you already used. Mr. Slavin explained that the City originally began at 30 days
and then changed to 60 days which pushed the disconnection out to between 75 and
90 days, and it became onerous to chase down. He stated that the City was spending
more money chasing down collections, so it was decided to change the process.
Página 22
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 22
Mr. Slavin indicated that, in implementing the new process, one (1) of the goals was
to drive people to automatic payment. He asked if there had been an increase in the
number of accounts using automatic payment since the implementation of the new
process. Responding, Mr. Hudson, referring to page 3 of the City Manager’s
Monthly Report for June 2017, stated that the City had more people signing up for
bank draft every month except June and July. He advised that he did not know why
the numbers were down in June and July. Mr. Sudler noted that the numbers may
have been down in June and July due to the fact that a lot of people were on vacation.
Responding, Mr. Hudson stated that it would be interesting to see how the trend
moves forward into the next set of holidays at the end of the year.
In response to Mr. Hare, Ms. Patricia Marney, Customer Service Director, advised
that the City currently had approximately 20,000 residential accounts, 50
disconnections per day, 1,500 disconnections per month, and 18,000 per year. She
stated that the City had approximately 24,000 total customers that are billed for
electricity each month.
Mr. Slavin stated that he thought that some of things that Council wanted to achieve
had been achieved. As an example, he shared that he had received a call from the
Customer Service Department regarding a constituent in his area who was on the
disconnect list and staff noticed that it was an anomaly. Mr. Slavin explained that
it took a series of phone calls, emails, and Facebook messages to find out where the
individual was; however, it ended up that the customer was simply confused because
they had two (2) different accounts and were paying the bills to the wrong account
number. Mr. Slavin stated that he appreciated that the City did not just disconnect
the customer indiscriminately and everyone worked that issue until it was resolved.
Mr. Hudson reminded members that staff was working on getting a new ERP system
for the City and he was delighted that the new system would offer automated calling,
texting, and emailing. He stated that with this new system, as long as the City has
phone numbers and email addresses for each customer, it would be virtually
impossible for a customer to say that they did not know their bill was due.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
Evaluation of Proposals - Banking and Merchant Services
Ms. Lori Peddicord, Acting Controller/Treasurer, advised that the City had solicited
proposals for banking and merchant services, and received three (3) proposals. She
stated that the proposals were evaluated and scored on several factors, including
quality, reputation, location of branches, ability to meet the City's Cash Management
requirements, completeness of the proposal, record of performance, technology,
future enhancements, government banking experience and the qualifications of the
team assigned to the City of Dover. Ms. Peddicord informed members that the
Request for Proposals (RFP) required each bank to submit their current audited
financial statement including footnotes and the auditor’s opinion, as well as their
current Securities and Exchange Commission Form 10K or Form 10Q. She indicated
Página 23
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 23
that the submission and review of these statements are imperative to the City of
Dover’s due diligence to ensure the security of the City’s assets. Ms. Peddicord
noted that the RFP also requested a copy of each bank’s ‘SAS’ 70, which is prepared
by independent auditors and attests to the banks internal controls in regards to their
online banking tools which will be utilized by the City of Dover. She explained that
this last piece of due diligence ensures the City of Dover’s funds are safeguarded
while being transferred using the banks online software.
Ms. Peddicord advised that the estimated combined cost for the services for banking
and merchant services, not to include either a earnings credit rating or an interest on
balances, were $270,798 for PNC; $302,706 for Wells Fargo; and $249,625 for
WSFS. She stated that the City currently had business relations with the
recommended bank and merchant provider. Ms. Peddicord informed members that
staff was looking to contract the banking services for a five-year contract period;
however the contract term for the merchant services would be on an annual basis.
She stated that the annual contract term for merchant services was due to the new
ERP system the City would be bringing in and other changes that would be
occurring. Ms. Peddicord noted that the contract terms had already been discussed
with the proposers, and all of the vendors were in agreement that it would be okay.
Staff recommended awarding the City's banking services to WSFS Bank and
merchant services contract to TSYS.
The Committee recommended awarding the City’s banking services to WSFS Bank
and merchant services contract to TSYS, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent).
Accessibility Evaluation Report
Mrs. Donna Mitchell, Acting City Manager, advised members that an Accessibility
Evaluation was conducted by Wilson James Associates, Inc. this past April,
explaining that the purpose of the evaluation was to identify all elements and spaces
that are required to be in compliance with the Americans with Disabilities Act
(ADA) and building code standards. She noted that many areas were found to be in
compliance and the report only included those items requiring remedial action.
Mrs. Mitchell referred to the summary of the major points of the Accessibility
Evaluation Report, noting that staff planned to make as many of the improvements
as possible within the budget this fiscal year, including the on-street parking signage,
the existing doorknobs, and those types of small items. She stated that what could
not be done in this fiscal year within the budget, would be programmed into next
fiscal year's budget, which would most likely include the toilet rooms off the hallway
that need major renovation and the drinking fountain.
Página 24
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 24
Staff recommended making minor improvements in the current year and budgeting
for major improvements in FY19.
The Committee recommended making minor improvements in the current year and
budgeting for major improvements in FY19, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent).
Proposed Ordinance #2017-12 Amending Appendix B - Zoning, Article 5 -
Supplementary Regulations, and Article 6 - Off-Street Parking, Driveways and
Loading Facilities (Sponsors: Hare and Slavin)
Mr. David Hugg, Acting Director of Planning and Community Development,
reviewed Proposed Ordinance #2017-12, which would update sections of Articles 5
and 6 of the Zoning Ordinance in order to enhance the flexibility of the Code in
several areas, including dumpster, screening and buffer, tree planting, and curbing
requirements, as well as add requirements for recycling to Article 5, Section 6 and
rewrite Article 5, Section 18 to allow the City to require multi-use path instead of
frontage sidewalk under specific circumstances. He informed members that this was
the first of a series of zoning and other Code amendments that would be brought
forward as a result of recent staff meetings with the development community.
Mr. Hugg noted that they had been reviewing the ordinance to find places where it
was not clear and make the language easier to follow, address some of the complaints
from the development community, and remove language that is no longer relevant.
He stated that this is an ongoing initiative and staff would be bringing forward
two (2) additional ordinance amendments next month, one (1) regarding adult
daycare, and the other dealing with issues with the manufactured home ordinance,
which he and Mr. Neil have been working on. In addition, Mr. Hugg advised
members that he was working with Mr. Polce on an accelerated site plan review
process or rocket docket, noting that he was unsure whether it would be coming
forward for consideration in the form of a policy document, a Code change, or both.
Staff recommended adoption of Proposed Ordinance #2017-12.
Mr. Slavin thanked Mr. Hugg and his staff for developing Proposed Ordinance
#2017-12. He advised members that this series of ordinances would be part of the
new philosophy of find it, fix it, explaining that as things are found that simply do not
pass the common sense test, they are being fixed.
Mr. Hare stated that he thought there would also be a proposed ordinance coming
forward in regard to reducing the number of notices sent regarding a violation from
five (5) to three (3). In response, Mr. Hugg stated that staff would be changing policy
and proposing Code amendments in regard to the way the City does code
enforcement, as well as the vacant building ordinance to eliminate things that are not
Página 25
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 25
effective in terms of regulating vacant buildings. He noted that the process needs to
be accelerated for people who are not willing to take care of their properties.
The Committee recommended adoption of Proposed Ordinance #2017-12, as
recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation. The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Hare and
Lewis absent). (The First Reading of the ordinance will take place during the latter part of
the meeting).
Proposed Amendment to Committees, Commissions, and Boards Appointment
Process
Mr. Slavin proposed that, in deference to the fact that this item was originally
introduced at Mr. Lewis' request and he was unable to attend the meeting and
Mr. Polce and Mr. Lindell had worked on a compromise, the Committee allow
Mr. Polce to explain the compromise and it be forwarded to Council without a
recommendation. He explained that by proceeding in this way, when Mr. Lewis and
Mr. Lindell return, Council will have the discussion from the Committee to consider
and no time will be lost.
Mr. Polce indicated that, as a result of the conversation during the Regular Council
meeting of July 24, 2017 regarding 2017/18 Annual Appointments Recommended
by Mayor Christiansen (deferred during the Annual Meeting of May 8, 2017)
(Downtown Dover Partnership Board of Directors and Silver Lake Commission),
Mr. Lindell and Mr. Lewis discussed that the right path forward would probably be
looking at the application process and determining if a curriculum vitae (CV) or
resume is required. Mr. Polce noted that based on the fact that an individual was
previously serving, that information and documentation on record would be
sufficient; however, if it is a new applicant, the individual would then have to comply
with the elongated application that was previously approved. He stated that he
thought both Mr. Lewis and Mr. Lindell were in agreement with this; however, he
noted that neither was present.
Mr. Polce moved to send this matter to Council with no recommendation, seconded
by Mr. Neil.
Mr. Anderson noted that he thought that there was always room to look for
improvement. He stated that he believed that there should be a period of time when
the applications are signed off on, explaining that they should be checked for new
information. Mr. Anderson explained that if members do not regularly check to see
if something has changed, there could be conflicts of interest that have arisen and not
been asked about, and someone may not have thought to inform the City about them.
He noted that just because someone has served on a committee for 10 years does not
mean that things have not changed. Mr. Anderson stated that he did not think that
the applications needed to be reviewed every year and that it should be simple,
Página 26
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 26
explaining that if someone has an application on file, they should be able to review
it and, if nothing has changed, sign it and say it’s good. He indicated that he did not
think a big process was needed but that the applications should be checked.
Mr. Sudler stated that, as a suggestion for the future, when members do ordinances
or want to make changes, that there is some statistical data stating that something is
not working rather than a few people saying it is not working. He stated that he
thought it would behoove members to have some tangible data to support changes
of ordinances in the future.
Mayor Christiansen commended the gentlemen for coming up with a compromise.
He explained that it was very frustrating to find people who are interested in serving
on committees, as many of the chairmen and the Council President were aware, and
a number of people who had served the City for a great length of time had refused to
go through the application process because they believe that their service to the City
had been a proven fact. Mayor Christiansen advised members that for many of the
appointees whom he has reappointed or intends to reappoint to the Planning
Commission, Board of Adjustment and other bodies, he had attended meetings to see
if they are performing to the expectations of himself, Council and, particularly, the
citizens they all serve. He stated that he agreed with Mr. Anderson that members
need to always be aware of conflicts of interest; however, he indicated that he
thought that the application process was an insult to people who have served with
exemplary service. He stated that he appreciated the compromise and concurred with
the fact that any new applicant who has not previously served on any committees
should fill out an application for the perusal, advice, and consent of Council.
Mr. Hare informed members that he would not be at the Regular Council meeting
scheduled for August 28, 2017. He stated that he thought that any new applicant
should fill out an application, and that anyone who was being considered for
reappointment, such as Dr. Stewart or Mr. Shevock, should be asked if anything has
changed and if they say no, then they are good. Mr. Hare noted that most of the
appointees are professionals and they know if something comes up that is a conflict,
they will abstain, just like Council members do. He explained that he did not think
that individuals would know if there is going to be a conflict when it is time for their
reappointment, and that simply having them sign off on an application to say nothing
had changed would be okay.
Mr. Sudler indicated that he thought, in the best interest of the City, that the
application needed to be on file. He stated that he appreciated the longevity of
individuals serving, noting that he had longevity of service in many capacities;
however, he noted that they are human and sometimes they forget. Mr. Sudler
indicated that he thought that this was about protecting the City and that members
cannot leave loopholes which would allow the City to be sued. He explained that,
for the best interest of the City of Dover and the 38,000 that members serve, he
thought it would behoove them to have something in writing. Mr. Sudler noted that
he did not think that a simple five (5) to 10 minute update would be unbearable or
Página 27
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 27
cause excruciating pain to where individuals could not spend that time and look at
it as a precautionary measure to make sure that the City is safe and free from any
lawsuits.
Mr. Anderson stated that he agreed with Mr. Sudler. He noted that when he had
reviewed some of the proposed appointments, there was not even an old application
and he had a problem with the idea of only new applicants completing the
application. Mr. Anderson explained that he thought that all applicants should have
at least one of the new applications on file, so that members can see the information
which they are seeking today, not the information from 15 years ago. He stated that
no one on Council really has a complete view of the qualifications of the people they
are voting to appoint, which was the reason why Council voted to put that system in,
in the first place. Mr. Anderson stated that he thought that it was the correct decision
then and it is the correct decision now.
Mr. Hare stated that he agreed that everyone should have an application on file. He
noted, however, that a reappointee, such as Mr. Shevock, should be asked if the
information on his application has changed and, if it nothing has changed, that should
be okay. Mr. Hare stated that he did not think that members needed to make it a
drawn out process.
The motion to send this matter to Council with no recommendation was unanimously
carried.
Noting the absence of Mr. Hare and Mr. Lewis, Mr. Lindell moved to postpone the Proposed
Amendment to Committees, Commissions, and Boards Appointment Process. The motion was
seconded by Mr. Anderson and unanimously carried.
Mr. Anderson moved for acceptance of the Council Committee of the Whole Report, seconded
by Mr. Neil and unanimously carried (Hare and Lewis absent).
EVALUATION OF BIDS - TELEPHONE SYSTEM UPGRADE
The City of Dover completed a telephone system upgrade in 2012. The telephone system consists
of three separate servers, each providing different functions. The Call Manager server provides the
basic functions of the telephone system (making and receiving calls, forwarding, conferencing, etc.).
The Contact Center server allows Customer Service to queue and answer calls. It also gives the
Supervisors reporting and analysis functionality. Lastly, the Unity Connection server is the
voicemail server. Since the upgrade, a multi-year maintenance agreement was purchased to provide
support for the hardware (three servers), the software, and appropriate licensing. The maintenance
agreement expires on August 31, 2017. While requesting pricing information to extend the
maintenance agreement, it was learned that the vendor, Cisco, will not support the current hardware
or software past August 31, 2017.
Staff recommended approval of the telephone system upgrade and awarding the work to MTM
Technologies for $48,566.47.
Página 28
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 28
Mr. Sudler moved for approval of Staff’s recommendation, seconded by Mr. Neil and carried
by a unanimous roll call vote (Hare and Lewis absent).
APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC)
ALTERNATE DIRECTOR (LORI PEDDICORD, ACTING CONTROLLER/TREASURER)
By consent agenda, Mr. Neil moved to appoint Ms. Lori Peddicord to serve as Delaware
Municipal Electric Corporation (DEMEC) Alternate Director. The motion was seconded by
Mr. Anderson and carried by a unanimous roll call vote (Hare and Lewis absent).
FIRST READING - PROPOSED ORDINANCE #2017-12
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City’s website at www.cityofdover.com under
“Government,” or by contacting the City Clerk’s Office at 736-7008 or cityclerk@dover.de.us.
Since the ordinances are amendments to the Zoning Code, a public hearing is required. Staff
recommended referral of the amendments to the Planning Commission on September 18, 2017 and
that a public hearing be set for the Council Meeting of October 9, 2017 at 7:30 p.m., at which time
final action by Council will take place.
Mr. Neil moved to refer the amendments and set a public hearing before City Council for
October 9, 2017 at 7:30 p.m., as recommended by staff. The motion was seconded by
Mr. Anderson and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
PROPOSED ORDINANCE #2017-12 AMENDING APPENDIX B - ZONING, ARTICLE 5 -
SUPPLEMENTARY REGULATIONS, AND ARTICLE 6 - OFF-STREET PARKING,
DRIVEWAYS AND LOADING FACILITIES
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
ACTING CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, Acting City Manager, thanked the City staff, the Library staff, the Public
Works staff, the Police Department, the volunteers and everybody else that was involved in the
Comic Con event. She noted that they put a lot of hard work into the event and it was very
successful.
Mrs. Mitchell advised that Street Program work is in progress at Wyoming Avenue and Lincoln
Street will follow once Wyoming Avenue is completed. She noted that the Lincoln Street Sanitary
Sewer repairs are anticipated to start on September 1, 2017. Mrs. Mitchell stated that the Silver Lake
Dam Unit's preconstruction meeting is scheduled for later in the week and there will be a drawdown
in October. She advised that the water system flushing will start in October, as well as the leaf
collection.
COUNCIL MEMBERS' ANNOUNCEMENTS
Council President Slavin wished Mayor Christiansen a happy birthday on September 4, 2017.
Página 29
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 29
Mr. Anderson thanked the members of Council for their move to ensure that the regulations on
businesses are modernized.
Mr. Anderson advised that, sometime in the near future, the Fourth District would be doing a
business tour with some of the City Staff to hear concerns that have been expressed to them.
In Councilman Lewis’ absence, and at his request, Mr. Anderson read, in part, a statement provided
by Councilman Lewis, as follows:
“I believe it is important that the following statement be read into the record since I
am not in attendance at this evenings council meeting and would like for the people
that I represent to be aware of the reason for my recent absence.”
As the president mentioned, “Last week my mom passed away to meet her creator
and today I am finishing the final arrangements for her journey home. The last
couple of weeks have been very sad and difficult for my family and I. I had to leave
the state of Delaware and travel to Florida where my mom resided. She became ill
and was placed on a ventilator, then Hospice care. I would hope that everyone
understands family comes first, and again, it's a very sad time for me.
So everyone is aware, on Thursday, August 10th, I notified Council President Slavin
and copied City Solicitor Rodriguez of my mother's illness. I asked Council
President Slavin if I could be excused from the August 14, 2017 Council meeting and
this evening's regular Council meeting, for I knew I would be out of town and didn’t
want any problems for missing the meetings. Council President Slavin responded in
an email with “no problem” and said my family and I would be in his thoughts and
prayers, which I sincerely appreciated.
While down in Florida caring for my mom at her bedside, I had my cell phone on me
at all times and randomly checked my e-mails and text messages on my phone. I
received emails from Councilman Slavin inquiring how I was doing and received text
messages from Councilmen Sudler and Anderson asking the same.
During my absence from Delaware, I received no communication from
Mr. Christiansen or Mr. Lindell pertaining to the evening's agenda item Proposed
Amendment to Committees, Commissions and Boards Appointment Process.” And
he was forwarded a message about the article in the Delaware State News where it
was said “he doesn't seem to be anywhere to get ahold of,” referring to him in a
newspaper article. Basically, he thinks that, he said he checked, and he certainly
would have responded to a text or email message from Mr. Lindell or the mayor, "If
they reached out to me like in the past." He reviewed his phone messages, even junk
mail, and found no such record regarding the agenda item. And, we did defer the
agenda item, so that's appreciated. And there will be more to be said about that.
He says, "I personally believe that the current process that was previously voted on
by a unanimous vote be left in place. I believe this issue has been politicized by the
Página 30
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 30
Mayor and have not seen any documented complaints since the process was
implemented back in October, 2016. The only comment I have heard was from the
Mayor indicating one of his Fourth of July Committee appointees declined to fill out
an updated application for whatever reason. On another note, to my recollection,
when this process was put in place, there was no objection by the Mayor or anyone
else. Why now?”
Mr. Anderson asked that the e-mail, in its entirety, be made a part of the record (Exhibit #4).
Mr. Neil stated that he concurred with the Acting City Manager’s remarks about Comic Con, noting
that he attended and it was a marvelous program that continues to bring people into the City. He
noted that Thunder Over Dover was an extraordinary event that brought thousands of people to
Dover and the personnel at Dover Air Force Base could not have been better representatives of the
service people in our country.
Mr. Lindell advised that, if he had known that Mr. Lewis' mother was sick, which he did not know
until he received the email advising that she had passed away, he would definitely have moved to
change the agenda back on August 10th, or made an outreach. He noted that he had been blocked on
Facebook, which makes it hard to reach out and make contact. Mr. Lindell advised that he lost his
mom in May, and that August 28th was her birthday. He stated that anyone knows that he is not
going to be callous when it comes to these things; however, it is hard to communicate when the other
person does not want to communicate.
Mr. Lindell advised that, over the weekend, he and his family attended Whatcoat United Methodist
Church's Community Day and the hospitality and service were great and his daughter had a great
time. He stated that he was definitely looking forward to going back next year for the same event.
Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:55 p.m.
TRACI A. McDOWELL
CITY CLERK
Página 31
CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 31
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of August 28, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2017\08-28-2017 Council Minutes.wpd
Exhibits
Exhibit #1 - Property Information Provided by Sue Harris
Exhibit #2 - Affirmatively Further Fair Housing in Delaware Provided by Sue Harris
Exhibit #3 - Governing Policy for Energy Commodity Risk Management
Exhibit #4 - E-Mail from Councilman Brian Lewis dated August 28, 2017
Página 32
EXHIBIT #1
Regular Council Meeting of 08/28/2017
I I
City of Dover
Property Tax
Account History
FY 2016 FY 2017
231 N Queen
Street 08/17/15 $14933.26
14 S Queen St 08/17/15 $16210.00
67 S Queen St 10/14/15 $7500.00
45 S Queen St 10/14/15 $7500.00
24 N New St 10/13/15 $10500.00
27 N New St 10/14/15 $7500.00
101 S Queen ST 10/14/15 $7500.00
212 N Gov Ave 11/02/2015 28805.96
325 N New St 08/16/2016 $17583.19
08/22/2016 $33672.82
1128 Forrest AVE 02/24/2016 $6149.10
10/12/2016 $25084.86
1126 Forrest Ave 02/24/16 $5130.92
10/12/2016 $1187.61
1124 Forrest Ave 02/24/2016 $1972.12
10/12/2016 $19160.49
10/13/2016 $16164 .19
$113701.4 $112853.20 $226554.50
Página 33
Page 1 of I
Account History Inquiry
City of Dover· ~( ;ov ror tal
Acc ou11t ID fll 78
Tilx MoJJ Numlier f.D-05-0/G.08-02 -38ll.000 -ll00 Penclrr1<J $ (l.00
Address 231 N QUEEN SI Taxes $ 0.00
Owner nmne NA rIONAL COUNCIL ON AG UFE & Penalty $ 0.00
Add to Total Due $ 0.00
My Properties
NQ Payment Due
·J: :JJI J11:J
:l•Jol '!;l •I : 01
If you howe any questions, call Customer Service .it (30 2) /3(}-7035
Click on a payment or bill to view more details
D0fl') 1yL)f' Y1~1H' i'enod /l !-il,)>1;)'
7/17/17 Payment $ 55 89 -
8/02./16 Payment $572. 30 -
8/02/16 Payment $ 572 30 -
8/02/16 Payment $ 572.JO -
8/02/16 Payment $ 572.30 -
8/07/15 Payment $14,933 .26 -
4 8/07/15
8/07/15
Payment
Payment
$14,933.2G -
$14,933.26 -
8/07 /15 Payment $14,933.26 -
8/07/ 15 Payment $14,93 3.26 -
8/07/15 Payment $14,933.26 -
7/05/12 Payment $ 237 14 -
4/25/12 Payment $ 582. 59 -
4/25/12 Payment $ 582. 59 -
4/25/12 Payment $ 582.59 -
8/31/10 Payment $ 269.00 -
6/30/09 Payment $ 269.50 -
6/12/08 Payment $ 269.SO -
6/06/07 Payment $ 269.50 -
10/27/05 Payment $ 238.27 -
7/29/04 Payment $ !67.28 -
7/31/03 Payment $ 167 .28 -
7/29/02 Payment $ 16/ .14 -
7 /25/01 Payment $ 126.04 -
7/13/00 Payment $ 126.04 -
7/30/99 Payment $ 126.04 -
7/23/98 Payment $ l26 .04 -
Ir - - - - -
1
I (i~ Copyngi1l ).000 .. 20 06 Cltv .:.>I [l(l\11.~r, DP:.~w .ire ,\11 n19ht.s He:~erv..:~d
I Pnvm.y Polley & Terms of Use I Top of page
!
I
https://sccurc.cityofdover.com/inde ... 2017-08-18
Página 34
Page I o I' ·-
Own er :I. i'll.'lmc:
Inational '
! ..• v
Search J I Reset
i'ropci'ty Detail:
Parcel ID: Card: S t rce~ Numbc.,,·: Str <:.'. •I. N;im,~ : Zon i ng: LUC: Acres:
EDOS-076.08-02-38.00 231 N QUEEN ST RG-1 RESIDENTIAL VACANT LAND 0.17
Owner Information: Property lm;1ges:
Owner 1 Name: NATIONAL COUNCIL ON AG LIFE & Picture:
Owner 2 Name: LABOR RESEARCH FUND INC
Valuation:
Appraised Land: $13,800.00
Appraised Bldg: $0.00
Total: $13,800.00
Sketch:
There is no sketch available.
Sales History:
Boole Page: Sa!e Date: Price: Valitlit:y: S;ile Type
I&S 26 008 09/28/2012 T 2
VL-8188 114 07/18/2016 T 2
VL-7753 110 08/04/20lS 20,000 L 2
http://dover.ias-clt.com/parccl .dcta ... 2017-08-18
Página 35
Page I ul' I
Home tog111 P.ay Ut.1ity f1 I ax 8dlE; Property Taxes HC!lp :;,,, Support
Account History Inquiry
Cily of Dover eGov Portal
Acr.o11nl llJ 11350
T<lX Milp Nulllbcr ED -05-076.08-06-'l 10.000-000 Pend1n9 $ O.DO
Address 1'l S QU~N ST Taxes $ 0.00
Owner nanle NATIONAL COUNCIL ON AG llFE & Penalty $ 0.00
Total Due $ 0.00
"- Ad<1 to, NQ Payment Due
:1.:JIUi l':J My Properties
'!l·/1l ' 1;1 ;, W!
If you have any questions, call Customer Service at (302) 736· 703'j
Click on a paylllent or bill lo view more details
D~ i tt! ·iync Yt:?tlr f' er!o(i •\/M l >H\ L
8/17/15 Payment $16,210.00.
d
8/17/15 Payment $16,210.00 -
10/20/14 Payment $ 124 .63 .
10/20/14 Payment $ 124.b:l .
8/08/14 Payment $ 25.00 .
2/06/13 Payment $ 135.87 .
12/05/11 Payment $13218 ·
9/23/10 Payment $ 129.58 -
9/23/10 Payment $ 129.58 -
11/04/09 Payment $ 313.29 -
11/04/09 Payment $ 313.29 .
9/17 /07 Payment $ 143.10.
9/28/06 Payment $ 120.01 .
8/10/05 Payment $ 285.88 .
8/10/05 Payment $ 285.88 .
8/10/05 Payment $ 285.88 -
7/18/03 Payment $ 124.53 .
8/14/02 Payment $ 128.02 -
8/14/02 Payment $ 128.02 .
5/08/02 Payment $ 107.29 .
7/13/00 Payment $ 94.53 -
7/27/99 Payment $ 94.53 .
7/31/98 Payment $ 94.53.
_s_.,_,c_h_Re_su_ns_,I ·-~~~
I
1---------·-J__ _ _ _ __ - - - - ----·-- -·-----
© Copynght 2000 · 2006 C~ty of Dovef, Dt!law··'.l r~ . All Rights fle~; erv·:~cl
Privacy Policy & Terms or Use I Top of page
https://sccure.cityofdover.com/inde ... 2017-08-18
Página 36
Page I of' l
Do" fer , DE · I-' SSF.·ssor Da tabase
Propc rt\l e a r ch :
Pa r e~ ! ID : Own er 1 Nam e: Street N mnhe r : ~ t reet N arn e:
___J L.____ . JJ __. I~ QU EEN ST vi
Prope rly Deta H:
Pa ree! J.O: Ca r d : Street Number: Streei: N;irne : Zon ing : LUC :
EDOS -076.08-06-41.00 14 S QUEEN ST RG -1 EXEMPT VACANT 0.09
Owner lnf<>rrm1tion : Propert:v Images:
Owner l Name: CENTRAL DEL HAB FOR HUMANITY Picture :
There is no picture available .
Owner 2 Name :
Sketch:
Valu a t i on:
There is no sketch available.
Appraised Lcind: $10,400 .00
Appraised Bldg: $0.00
Total : $10,400.00
Sales Histo ry:
Book: Sale Date: Pri ce: V;ilidity: Sale Type:
VL-7726 42 07/23/2 015 10,600 L 2
The information delivered through this on - line database is provided in th e spirit of open i.lccess to govel'nmenl inform ation <111tl is intended
as an enhanced service and convenience for citizens of Dover, DE.
T1·1e providers of this database: Tyler CLT, Big Room Studios , and Dover, DE assurne no liatJility for any error or omission in the
information provided Ile re.
Com me nts regard ing this service should be directed to: t im @b igroomstudios.com
Fri. Au gust t8, 2 0 17 : 11 :4 S AM : 0.13s: llrnb
http: // dover. ias-cl t.com/parcel.deta ... 2017-08-18
Página 37
Page 4of12
In vestigation by City staff revealed that Ms . Buchanan is correct and
her assessment has been revised i n accordance with the co rr ect square
footage comp utation ( 14 3 . 03 square feet of 4 " thick concrete and 4 0 . 4 0
squ are feet of 6 " thick concrete) . Also, the sidewalk which was damaged
by City t rucks was paid for by t he Cit y and was n ot assessed to t he
property owner.
A letter was re ce ived from the property owner withdrawing the appeal.
No action by Council was ne cessary .
917 S. Bradford Street - Roy Powell
An appeal was received from Ro y Powell for s idewalk repairs at 917 S.
Bradford Street. Mr. Powell was assessed for 132. 31 square feet of 4"
thick concrete at $3. 50 and 30. 0 square feet of 6" thick concrete at
$3.75 per square foot, for a total of $575.58. Mr. Powell did not appeal
the amount of the assessment, but objected to the construction of the
new sidewalk which has caused ponding of water on the sidewalk.
Mr. 0' Connor stated that City staff has worked with Mr. Powell and the
drainage problem has been corrected. Mr. Powell has agreed to pay the
assessment for the replacement of sidewalk.
No action by Council was necessary.
PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - 14 S. QUEEN
-------~
STREET
A public hearing was duly advertised for this time and place to consider
a violation of the Dangerous Building ordinance at 14 S. Queen Street,
c--- - - - - -- --__:..·---
owned by Charles E. Murphy, Sr. The Building Inspector, Mr. De Prima,
showed slides depicting the structural deterioration throughout the
building including rotted timbers, falling ceilings, broken windows and
~
extensive deterioration. The rear of the structure has windows broken
out and vagrants sleeping in and around the structure. It is the
11 Building Inspector's opinion that the structure is a fire hazard. The
'"
' '
estimated cost of demolition is $7,500.
Mr. DePrima pointed out that the lien search is incomplete at this time.
The City Solicitor recommended that Council move forward with the public
hearing and that the lien search could be completed at a later date.
Responding to Mr. Salters, Mr. DePrima stated that rehabilitation costs
for the structure would exceed 50 % of its value.
Council President Christiansen declared the hearing open.
There was no one present wishing to speak during the public hearing.
Council President Christiansen declared the hearing closed.
https ://www. cityofdover. com/regul... 2017-08-18
Página 38
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF AUGUST 10, 2015 PAGE4
Mr. Hutchison expressed his opinion that this information could be helpful in the future.
Mr. Sudler questioned what one (1) of the major issues was that was identified by the
African-American business owners in the downtown area in regard to conducting business in the
City of Dover, or an issue related to engaging, encouraging, or advocating for individuals of
African-American, Hispanic, or minority descent. In response, Dr. Casson advised members that
this study was actually focused on the services and programs that were coming out of the City.
Mr. Sudler questioned if a survey could be conducted or if questions could be asked to get current
feedback from African-American business owners and minority owners as a whole. Dr. Casson
stated that this request went directly to the recommendations of the study in terms of the inclusion
plan . He indicated that this would bring the stakeholders to the table to talk about the strategic plan
and the focus for addressing some of the needs pertaining to African-American business and
workforce development.
Dr. Casson encouraged members to consider the economic inclusion plan, which would include the
type of surveys that Mr. Sudler mentioned to gather infonnation and find out why African Americans
were or were not being engaged.
Mr. Hare moved to recommend acceptance of the report as presented, seconded by Mr. Sudler
and unanimously carried.
Request to Waive Demolition Liens - 27 North New Street and 45, 67, and 101 South Queen
Street
Mr. Scott Koenig, City Manager, advised members that the City had been working in the Downtown
Development District (DDD) to improve a number of different components in this area and a number
of structures had been demolished there over the last few years. Central Delaware Habitat for
Humanity, Inc. had offered to purchase four (4) properties from Dr. Joe Burden, Jr. Under the
proposal, the liens would be transferred from Dr. Burden to Habitat, and Habitat would then pay the
City of Dover $7,500 for each of the four lots (4), for a total of$30,000. The subject properties were
27 North New Street and 45, 67, and 101 South Queen Street. Each of the properties had been
encumbered by a demolition lien due to prior dangerous building declarations. A summary of the
offer and associated write-off amounts was as follows:
Address Offer Price Total City Lien Write-Off City's 2015
Amount Amount Assessed Land
Value
27 N. New Street $ 7,500 $ 22,274.97 $ 14,774.97 $ 13,100
r\"'
-'45 S. Queen Street $ 7,500 $ 13,862.18 $ 6,362.18 $ 11,900
67 S. Queen Street $ 7,500 $ 14,348.46 $ 6,848.46 $ 13,800
IOI S. Queen Street $ 7,500 $ 15,684.02 $ 8,184.02 $ 13,400
Totals $ 30,000 $ 66, 169.63 $ 36,169.63
Página 39
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF AUGUST 10, 2015 PAGES
Mr. Koenig advised members that, while the write-off would be substantial, the long tenn benefit
of the proposal outweighed the financial impact of this write-off. Mr. Koenig stated that it was
staffs strong belief, from an administrative standpoint, that transfening this property would be a
good thing for the City of Dover. He noted that the City had preached home ownership in this area
and Habitat would virtually guarantee long-tenn home ownership.
Staff recommended authorizing the properties to be transfened from Dr. Joe Burden, Jr. to Central
Delaware Habitat for Humanity without collecting the City's liens against the properties in exchange
for a payment of $30,000 from Central Delaware Habitat for Humanity ($7,500 per parcel).
In response to Mr. Shevock regarding whether Dr. Burden owned any other properties in the City,
Mr. Koenig stated that Dr. Burden owned a substantial amount of property within the City.
Responding to Mr. Shevock as to whether either the write-off or the total lien amount could be
transfened to Dr. Burden's other properties and attached for payment, Mr. Koenig stated his belief
that this could not be done. He expressed his opinion, in the larger context of dealing with distressed
properties, that this would not be a good precedent to start and was unsure if the City could legally
do this. Mr. Koenig stated that staff had talked to Mr. William Pepper, Deputy City Solicitor, about
this particular transaction and there was no legal reason that the City could not transfer a lien from
one (I) property owner to another and then forgive the lien.
Mr. Koenig advised members that Dr. Burden had been working with staff and had paid all of his
FY 15 taxes. He stated his belief that Dr. Burden had paid FY 16 taxes on all but the subject
properties; therefore, progress had been made in a number of areas. Mr. Koenig indicated staff's
belief that this land transfer would clear the water in some cases and provide a fast forward to home
ownership on these four (4) Jots. He stated that if the City continued to pursue the liens and forced
a tax sale, there would be no guarantee that those purchasing the properties would occupy them, as
they could be rentals. Mr. Koenig reiterated, under the proposal, that the City would be virtually
guaranteed home ownership.
Mr. Sudler stated that he was glad that Dr. Burden and the City of Dover had reached an
understanding and agreement and were working together.
Mr. Sudler moved to recommend approval of Staff's recommendation to authorize the
properties to be transferred from Dr. Joe Burden, Jr. to Central Delaware Habitat for
Humanity without collecting the City's liens against the properties in exchange for a payment
of $30,000 from Central Delaware Habitat for Humanity ($7,500 per parcel). The motion was
seconded by Mr. Cole and unanimously carried.
Disposition of City Owned Land - Property Located at 710 and 715 Slaughter Street
Members were informed that the City of Dover acquired properties located at 710 and 715 Slaughter
Street at a monition sale due to liens for taxes and demolition expenses. Mr. Scott Koenig, City
Manager, stated that these were excess properties, as the City had no use for them and would be
better served by the properties being redeveloped and restored as taxable properties.
Página 40
Page 1of 3
KENT COUNTY, DELAWARE
555 Bay Road, DoYcr, Delaware 19901-3615
(302) 744-2300 -- FAX (302) 736-2279
"Serving Kent County With Pride"
PROPERTY INFORMATION
Pl anning and Building Permits Informati on
Reference# ED EAST DOV ER HUNDRED Card# I of l
Location ID l 3869 Map Number 2-05-07608-06-4100-0000 I
Tax ID 13869 Deed BVP D 7726 0042
Property
.P arcel ID 39361 X- EXEMPT
Code
Current Owner Property Location Q
CENTRAL DELAWARE HABITAT FOR, 14 QUEEN ST ..,~
544 WE BBS LN DOVER, DE 19901
DOVER, DE I 9904 Zoning RGI Acres .09
Additional Owner
Sub-Division COMEGYS LOTS
Sales History 11 11 I!Liv.Sq.Ft 11.0000 I
Date Price 11 Assessment j jTotal Rooms II I
7/29/15 10,600J 1Land 11 1,900l IBedrooms II I
0100100 oj !Buildings 11 I!Full Bath II I
I ITotal 11 1,900l 1Half Bath II I
jBase Tax Due 11 .ooj !Last Billing Detail I!History I[Farm Info I
jTax Penalt~ 11 .ool
jTotal Tax Bal. 11 .ooj
jsewer Balance 11 .ool lsewer Account# 11 Ii I
jNeighborhood # 1100214 !coordinates 11 I10467487 E 0422470 N I
!Land Use 11 jLot Dimensions 11 110000025. 00 000015 0. 00 I
!Living Units 11 !School District IIt 8 J ICAPITOL I
!class IIResiden jFire District 146 j jROBBINS HOSE (DOVER)j
!Plat Book Pg 1100000 !sewer District 100 liNONE I
!Topography I!Level !Ambulance District 146 ] !ROBBINS HOSE (DOVER)j
!street or Road I!Paved jTrash District I Ii I
!Fronting IIResiden jLight District I Ii i
!Improvement IIv ACANTj !commissioner Dist loo Ii i
http ://kent400.co .kent.de. us/cgi-bin ... 2016-09-09
Página 41
Pa!.!.e 1 ol' I
Account History Inquiry
City of Dover e(;ov Portill
Account ID LOSO
1 ax Milp Number ED-05 -07/ .O'l· 01·O10.000-000 Pendinq $ 0.011
Address 67 s Quu:N ST Taxes $ 0.00
Owner name CEN"IRAL DEL HAB FOR HUMANl'IY Peni1lty $ 0.00
Total Due $ 0.00
- l\.dQ ~Q No Payment Due
· 1; l i IJj Ii ~J • My Properties
".ll·Jd •1 ;ri; l h
If you have any questions, Cdll Customer Service at (30 2) 116-70:35
Click on a pilyment or hill to view more clctilils
Date Tyf)t-:' Year Pt:!n o d t\r!H. Hll lt
#' 10/14/15 Payment $7,500.00 -
' 10/1'1/1~ Payment $7,500.00 .
10/14/15 Payment $7 ,500.00 -
2/03/14 Payment $ .108.83 -
2/03/14 Payment $ 308.83 -
12/28/12 Payment $ 291.47 -
3/12/12 Payment $ 307.97 -
8/31/10 Payment $ 274.97 -
6/08/10 Payment $ 9.94 -
2/01/10 Payment $217 .95-
7/31/08 Payment $ 208.56 -
7/31/07 Payment $ 208.56 -
9/01/06 Payment $ 214.82 -
11/30/05 Payment $ 217.95 -
7/30/04 Payment $ 174.68 -
8/29/03 Payment $ 177 .30 -
7/31/02 Payment $ 174.68 -
7/31/01 Payment $ 127.41 -
9/22/00 Payment $ 131.23 -
8/31/99 Payment $ 126 .54 -
10/31/98 Payment $ 130.28 -
(C) Cooynght 2000 · 2006 Oty or Dover, Dt.~ldware. AH Right~ R<."se1vcd .
Pnva(y Polley & Terms of Use I Top of page
https://secure.cityofdover.com/inde ... 2017-08-18
Página 42
Page 1 or I
Property Ta.xes Help & Support
Account History Inquiry
r City of Dover eGov Portal
Ac:rn11nt ID 1910 Ac:cou nt -=-)1H1Hn .-1ry
rax Map Numller ED-05·076.08·05 · 730.000 -000 Pendin9 $ 0.00
Address 45 ~ QUEEN sr Taxes $ 0.00
Owner name I'll !:; MILFORD llOUSING DEV CO RP J>enillty $ 0.00
Total Due $ 0.00
No Payment Due
u ..Ul 111 ii'.J
'Hj11 ~: ' it!Jf .,
If you have any questions, call Customer Servi ce at (302) 736· 7035
Click on a payment or bill to view more details
Date l"yµc~ Year Period Amoun t
10/14/15 Payment $7 ,500 .00 .
61 10/14/15 Payment $7,500.00 .
10/14/15 Payment $7,500.00 .
2/03/14 Payment $ 220 .98.
11/16/12 Payment $ 211.98.
12/2 3/11 Payment $ 215.17 .
12/23/11 Payment $ 215 .17 .
7 /05/11 Payment $ 3.27.
9/02/10 Payment $ 199.98 .
12/31/09 Payment $ 181.20 .
7/31/08 Payment $ 170.94 .
7/31/07 Payment $ 170.94 .
9/01/06 Poyment $ 176.07 .
11/30/05 Payment $ 178.63 .
7/30/04 Payment $ 163.58.
8/29/03 Payment $ 166.03 .
7/31/02 Payment $ 163.72 .
11/15/01 Payment $ 115.77 .
7/10/01 Payment $ 287 .71.
7/10/01 Payment $ 287.71 .
12/2 9/99 f'ayrnent $ 100.00 •
12/29/99 Payment $ 100 .00 .
fl/0 4/99 Payment $ 50.00 -
(9 Copyright 2000 · 2006 City of Dove r, Delaware. All Rights Re::;2rved.
Pr'ivacv Policy & Terms of Use I Top of page
https ://secure.cityofdover.com/inde ... 2017-08-18
Página 43
Page 1 nf I
Account History Inquiry
City of Dover ec;ov J>ort<ll
J\ccou11t. m '\c• nu !'l S11n, m;. u r·
Tax Map Number E0 -05 -076.08-05·!80.000·000 PendtrHJ $ 0.00
Aclclress 24 N Nf:W ST Taxes $ 0 .(10
Owner name SAFFll:LD,110WARD r & SUE M Penalty $ 0 .00
{:.) Adq tQ Total Due $ 0.00
·1 : , 1!I iJ1 ::.J ~-:-:. My Properties No Payment Due
ii•J•l 'l;J ;! u~ i
If you 11ave any questions, call Customer Service at (302) 736··7035
Click on a payment or bill to view more details
D.:1te l y1>e Year l ' P,f!(id An10 ; 11tt
7/28/17 Payment $ 44.SS •
·*10/13/15 Payment $10,500 .00 .
4/15/13 Payment $ 228.12.
3/13/12 Payment $ 483. :l!l .
3/13/12 Payment $ 483 .38 .
3/26/10 Payment $ 222.07 .
2/24/09 Payment $ 222 .07 -
4/09/08 Payment $228 . 10-
4/09/07 Payment $ 477.57 -
4/09/07 Payment $ 477.57 •
6/30/06 Payment $ 100.00.
6/30/06 Payment $ 100.00 .
5/03/06 Payment $ 100.00 .
2/14/06 Payment $ JOO 00 ·
10/03/03 Payment $ 226.00 .
3/05/03 Payment $ 401.00 -
3/05/03 Payment $ 401.00 -
6/05/02 Payment $ 25.00 .
8/29/01 Payment $ 200.00 -
8/29/01 Payment $ 200.00 -
3/29/00 Payment $ 66.34 •
9/10/99 Payment $ 50.00 -
8/24/99 Payment $ 50.00 ·
11/20/98 Payment $ 166.28 .
' l
Searcn Resulls / .~~!_::~~~ j
\f.) CorvricJhl 2000 2006 C! tv of Dov(:r, De l,w.,.,;! t~ /\ ti H r9!HS !,'.f.!!> l ~ l\1t;d_
Pri vacy Policy & T8ni1 s t 1f IJSe 1 Top of µage
https://secure.cityofdover.com/indc ... 2017-08-18
Página 44
Pagl! 1 ol' 1
Hom\! l ogin l"'ay Utility ~( "ra:ii Btllk ~ropcrly ra x e~. H~!p ~ SupprJr l
I
Account History Inquiry
City of Dover eGov Portal
I l\ccount ID
Tax Map Number
21 :i?.
U)-05·076.08-05 · 360.000·0IJO Pending 'f, 0.(l(l
l\ddres!; 27 N NEW ST laxes $ 0.00
Owner narne WlSIER,t-ICNRY f, LINDI\ re11alt.y $ 0.00
Ad,d tq Total Due $ 0.00
No Payroent Due
!J .:..;j l j,1~ My Properti~
·)t jif 11;1 "i:~ 1 :t
If you have ;rny ~u es tions, call Custorner Service at (302) 736 -/035
Clrck on a payment or bill to viP.w more details
Date Ty pt• Y.:.~ d l r e rio l l\n 1 oun~
7/25/17 Payrnenl $ 53.06 -
10/14/15 Payment $7,500.00 ..
·*
10/14/15 Payment $7,500 .00 -
10/14/15 Payment $7,500 .00 -
2/03/14 Payment $ 289. 87 -
2/03/14 Payment $ 289.87 -
12/28/12 Payment $ 273.56 -
3/12/12 Payment $ 289 .05 .
8/31/10 Payment $ 258.08 -
6/08/10 Payment $ 9.0S -
2/01/10 Payment $ 198.29 -
7/31/08 Payment $ 189.75 -
7/31/07 Payment $ 189.75 -
9/01/06 Payment $ 195.44 -
11/30/05 Payment $ 198.29 -
7/30/04 Payment $ 180.84 -
8/29/03 Payment $ 183.55 -
7/31/02 Payment $ 180.84 -
7/31/01 Payment $ 138.37 -
9/22/00 Payment $ 142.52 .
8/31/99 Payment $ 140.45 -
10/31/98 Payment $ 144.60 -
'
~ eaich Results j NeN Se;uch '
f
l
(9 Copynghl .WOO · 2006 City of Dover, Delaware . Ali Rights R 1~_;e r\/ e ~1
Privacy Policy & Terms of Use I Top of page
https://secure.cityofclover.com/inde ... 2017-08-18
Página 45
I' age I o I' 2
Dover, DE
P ;:irc.c i ID : Owne r :t N;urie :
~-------'
IN NEW ST vi
!..Search 11 Reset
Prop ~ rty Oct;;i!:
Parce l ID : Cilrd: Sirnet N um ber : St r eet Nam(! : Zo n ing : LIJ C: Acres:
EDOS-076.08-05-36.00 27 N NEW ST RG-1 NON-PROFIT ORGANIZATIONS 0.16
Owner Information: Property I mages:
Owner 1 Name: CENTRAL DEL HAB FOR HUMANITY Pic ture:
Owner 2. Name:
Valuation:
Appraised Land: $13,100.00
Appraised Bldg: $0.00
Total: $13,100.00
Ske tch :
There is no sketch available.
Sales History:
Book: Page : Sa le D<l t c : Price: Val i dity: Sil ie Tyµ
WB Q 010 164 11 / 07/ 2011 u 2
l&S 026 40 3 03/25/2015 T 2
VL-7817 310 09/29/2015 K
http://dover.ias-clt.com/parcel .deta ... 2017-08-18
Página 46
Page l ol l
Account History Inquiry
City of Dover eClov Portal
Account II) l.. 1]6
rax Map N111111Jer rn -05 -077.09-01 -020.ooo-ooo Pc11d111q $ 0.00
. ,,~JJ.W rr 1.i 1
Address 10 l S QU_I'lN S] _ Taxes
Penalty
$ 0.00
$ 0.00
~ I Owner name NATIONAi_ COUNCIL ON AG L!F[ &
~ ...........'""" I Total Due $ 0.00
i.
!:: ~ Md to
My Properties No Payment Due
I If you have any questions , call Cu~torncr Service ,it (302) '/ 36-7035
Click on a payment or bill to view mor~ details
!1-'l tc ·1ype Yea r f\~ ri od .l\rno:..nt
10/14/15 Pay1nent $7,500.00 -
0l' io/14/15 Payment $7 ,500.00 -
10/14/15 Payment $7,500.00 -
2/03/14 Payment $ 275.48 -
9/25/12 Payment $ 256.78 -
3/12/12 Payment $ 279.22 -
8/31/10 Payment $ 249.30 -
12/31/09 Payment $ 175.95 -
7/31/08 Payment $ 165.99 -
7/31/07 Payment $ 16$.99 -
9/01/06 Payment $ 170.97 -
11/30/05 Payment $ 17346 -
7/30/04 Payment $ 177.55 -
8/29/03 Payment $ 180 .21 -
7/31/02 Payment $177.42-
7/31/01 Payment $ 130.84 -
9/22/00 Payment $ 134.77 -
8/31/99 Payment $ 132.80 -
10/31/98 Payment $ 125.27 •
_J_
(~) Copynyht 2000 · 200G Citv of Dover, Delaware . All Rights Rc~eived
Pnv~cy Policy & Terms of Use I Top of page
https ://secure.ci tyofdover.com/inde ... 2017-08-18
Página 47
J>ag1: I o I' 2
f' roperty Sea rch :
Parcel ID :
.__ ________. IsQUEEN ST vj
Search 11 Reset
Property De t ail:
Parcel ID: Car d : Str e e t ['lllt rflb e:- : S t·i·t:!Ui Na m e : Zorii119 : LUC : A c n.~ s:
EDOS-077 .09-01-02 .00 101 5 QUEEN ST RG-1 NON-PROFIT ORGANIZATIONS 0.16
Owner Information: Pr o perty ! m a gt~s:
Own er 1 Name: CENTRAL DEL HAB FO HUMANITY P icture :
Owner 2 Name:
Valuation:
Af>praised Land: $13,400.00
Appraised Bldg: $0.00
Total: $13,400 .00
5 k e t.d1:
There is no sketch available .
Sales History:
Boo I<: Page: Sale Date: f>rice : V<i lid it y: Sal(! Typ e
WB Q 010 164 11/07/2011 u 2
l&S 026 403 03/25/2015 T 2
VL-7817 304 09/30/2015 K
http:!/dover. ias-clt.com/parcel .deta ... 2017-08-18
Página 48
Page l of 3
KENT COlJNTY, DELAWARE
555 Bay ]~oad, Dover, Delaware 19901-3615
(302) 744-2300 -- FAX (302) 736-2279
"Serving Kent Coun(v With Pride"
PROPERTY INFORMATION
Planning and Building; Permits Information
Reference# ED EAST DOVER HUNDRED Card# I of I
Location ID 17247 Map Number 2-05-07709-01-0200-00001
Tax ID 17247 Deed BVP D 7817 0304
Property
Parcel ID 39376 X- EXEMPT
Code
Current Owner Property Location .•
CENTRAL DELAWARE HABITAT, FOR 101 QUEEN ST · 7I'
544 WEBBS LN DOVER, DE 19904
DOVER, DE 19904 Zoning RGI Acres .16
Additional Owner
Sub-Division
Sales History 11 II j jLiv.Sq.Ft 11.0000 I
Date Price 11 Assessment I!Total Rooms II I
10/08/15 10! ILand 11 2,6ooj jBedrooms II I
3/25/15 ol lnuildings 11 IIFull Bath II I
I!Total 11 2,6ool 1Half Bath II I
JBase Tax Due 11 .ool !Last Billing Detail 1IHistocyl jFarm Info I
!Tax Penalty 11 .ool
!Total Tax Bal. II .ool
!sewer Balance 11 .00 !sewer Account# 11 I I
jNeighborhood # 1100214 le oo rdina tes 11 j0467847 E 0421976 N I
jLancl Use 11 ILot Dimensions 11 10000041.0000001 s i.50 I
!Living Units 11 !School District I[18 !CAPITOL I
jciass J IResiden jFire District 146 jROBBINS HOSE (DOVER)!
!Plat Book Pg 1100000 !sewer District loo !!NONE I
jTopography I!Level jArnbulance District J46 J jROBBINS HOSE (DOVER)!
!Street or Road J IPaved !Trash District I I1 I
jFronting J JResiden 1·J Light District I 11 I
!Improvement J Jv ACANTI Jcommissioner Dist Joo 11 I
http://kent400.co.kent.de.us/cgi-bin ... 2016-09-09
Página 49
Page 1 or I
Account History Inquiry
C:1ty of l) owr p(;ov 1•011,11
i\cco1Jnt II)
rax Map Number El>-05-0"16 .08-02-170.000-000 Pendinq $ o.oo
Address 212 N GOVfRNORS AVc Taxes $ ll.00
Owner 11dl11P. SAMi\lN,JUSllN Penelly $ 0.00
·rotill Due $ 0 .00
Add to
No Paymi;:nt Due,
:1:__\Jl!j 1I: ) My Properties J
J!~ol 't;t :1-. r-i
lf you have any Q1Jest1ons, call Customer Service at (302) 736- 7035
Clic.k on a payment or bill to view more details
Pa l l' l"ype Yea r p,~ ho rl J\niount
7/20/17 Payment $ 43 . 74 -
7/18/16 Payment $ 40.98 -
11/23/15 Payment $ 2.76 -
11/02/15 Payment $28,805 .96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805 .96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805 .96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805. 96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805.96 -
11/02/15 Payment $28,805. 96 -
7/30/12 Payment $ 335.77 -
J/27/11 Payment $ 335.7! -
1/28/11 Payment $ 11.93 -
10/29/10 Payment $ 849.52 -
10/29/10 Payment $ 849.52 -
12/11/08 Payment $ 457.63 -
6/18/08 Payment $ 495.94 -
8/17/06 Payment $ 432.09 -
8/25/05 Payment $ 425_70 -
7/28/04 Payment $ 345.2•1 -
7/23/03 Payment $ 345.24 -
7/08/02 Payment $ 345.24 .
7/31/01 Payment $ 334.97 -
7/31/00 Payment $ 334 .97 -
7/30/99 Payment $ 334.97 -
7/22/98 Payment $ 310.86 -
~ CopyngM :?OOf) • 200t> Ci ty of L11JVe r , l~el,)yv(\i .;;. r\n Ri~111t ~- Reserved .
Privacy Policy & Terms of U~r: i rcip of ,,age
https://securc.cityofdover.corn/inde ... 2017-08-18
Página 50
Page l of l
DeJ ver
~ J
Pro perty Sea rch:
Paree! ID: 0 1!'.m er :ii. Name: Street Numb er : Street N arne:
L _______=i L ______, [~.?- _____. l N GOVE_RNORS AVE vi
I Search J I Reset j
Property Detai!:
Parcei ID: Card: Stree'i: Nll m!Je r: Street i\l a me: Zan i n ~;: LUC: Ac1e s:
EDOS-076 .08-02-77 .00 212 N GOVERNORS AV E RG-1 RESIDENTIAL VACANT LAND 0.10
Owner Information: Property Im ages:
Owner 1 Name: NCALLRESEARCHINC Picture :
Owner 2 N<une:
There is no picture available.
Sketch:
Valuation:
There is no sketch available .
Appraised Land: $10,800.00
Appraised Bldg: $0.00
Total: $10,800.00
Sales History:
Book: Page: Sale Date: V alidity: Sale Type:
02/02/2002 115,000 0 2
RE VL-35 226 08/09/2006 s 2
REVL5704 . 011 01/11/2011 L 2
VL-7840 157 10/20/2015 20,000 L 2
The information delivered through this on - lin e database is provided in t he spi rit of ope n <1ccess to governm ent informa ti on a11li 1s intended
as an enhanced service and convenience for citizen s of Dover, OF. .
The providers of this database: Tyler CLT, Big Room Studios, and Dover, DE assurne no liabi li t y fo r any error· or omission in the
information provided here .
Comments regardi ng this service should be clirectc cl tn: tim @bigrooms tudios.com
Fri. August 18, 2017: 11:49 AM: 0.16s: llrnll
http:!/dover. ias-clt.com/parcel .deta ... 2017-08-18
Página 51
P~tgc I o!' 2
1)0.V ER POST
Neighborhood eyesore at 212 N. Governors Avenue condemned
By Antonio Prado/Dover Post
Posted Oct 2, 2012 at 3:54 PM
Updated Oct 2, 2012 at 4:12 PM
Dover officials continue to target problem properties through the city's
dangerous buildings ordinance. The latest to be condemned was 212 N.
Governors Avenue.
THE RUNDOWN The owner of212 N. Governors Ave. has until Oct. 24 to repair or demolish this
dilapidated property due to Dover City's Council's recent condemnation of the two story home.
Council ordered the property repaired or demolished under the city's dangerous building ordinance at
its Sept. 24 meeting.
The city Department of Planning & Inspections had condemned the two story, wood framed, single
family as unfit for human habitation on July 20 due to the lack of utilities and the amount of broken
windows and unsecured doors, Dover Director of Planning & Community Development Ann Marie
Townshend said.
The property is owned by Deutsche Bank National Trust Company, she said.
WHAT'S BEING SAID The city has boarded up this property several times, Townshend said. Yet,
unknown subjects still entered the dwelling on Aug. 10 and started a fire in the front bedroom of the
second floor, causing additional damage to the home, she said.
"Currently, the structure is still vacant, with no active utility services and in serious disrepair,"
Townshend wrote in her report to council.
Councilman David Bonar asked if the fire damage to the home was structural in nature or just to the
interior of the structure. Townshend said there was no structural damage, but the interior damage was
substantial.
http://www.doverpost.com/articlc/ ... 20 l 7-08-15
Página 52
Page 2 n r 2
Councilman Adam Perza asked if the owner had taken any steps to repair the structure. Townshend said
no.
Councilman David Anderson asked the requisite question of whether proper notice had been given , and
Townshend said several letters from the city to the property owner had been returned.
City Council then voted 8-0 to condemn the property. (Councilwoman Sophia Russell was absent.)
WHAT'S NEXT? The city would order the building inspector to repair or demolish the structure if
Deutsche Bank National Trust docs not perform repairs or demolition within 10 days of Oct. 24,
Townshend said. If the city goes through with demolition or repairs, the city manager and city solicitor
would then recoup the costs of such work through a municipal lean on the property or a lawsuit against
the property owner, she said.
The cost of demolition is estimated at between $10,000 and $ l 5 ,000. That money, if needed, would
come out the $150,000 budgeted in the 2013 fiscal year budget for all demolitions.
http://www.doverpost.com/article/ ... 2017-08-15
Página 53
Pagi...: I ol' 2
Account History Inquiry
i\c.count IO 8766 l\ t:C ol int S L.: 1nr.ur y
L 1X M~1~ Nu1111J~ 1 r:D ~ OS-061 . 20-0 .1 170 .000· 000 Pe11'dmg ~ 0.00
/\(fdrc<.;; J;5 N NEVJ ~;T raxe.;; $ 0.00
Owner narne CENl DE HABITAT FOR HUMANITY Penalty $ 0.00
Total Due $ 0.00
<1t:: Add to No Paymont Due
~-~ My Properties
If you have ony ciuestions, call Customer Service at (302) 736-'10)5
Uick on a payment or bill to vi ew more dota1ls
--fHtlf!
L/11/17
rrpe
P!lyrncnt
' car i\:r.od f\ 1 11~.,unt
$ 59.21 -
8/l7./16 Paym en t $33,672.82 -
8/22/16 Payment $33.672 .82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/lG Payment $33,672.82 .
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Paym en t $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Paym ent $33,672. 82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payrnenl $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Pay ment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/2 2/16 Payment $33,672 .82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672 .82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/22/16 Payment $33,672.82 -
8/16/16 Payment $17 ,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Pay ment $17,583.19 -
8/J 6/16 Payment $17,583.19 -
8/16/16 Paym ent $17,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Paym ent $17 ,583.19 -
8/16/16 Payment $17,583.19 -
8/16/16 Payment $17.583.19 -
8/16/16 Paym ent $17,583.19 -
8/28/13 Payment $ 571.11 -
8/28/tJ Payment $ 571.11 -
l/18/11 Payment $ 258.42 -
8/31/JO Payment $ 258.42 -
7/29/09 Payment $ 316.47 -
7/29/08 Payment $ 316.47 -
5/16/08 Payment $ 784.85 -
5/16/08 Payment $ 784.85 -
2/15/06 Payment $ 500.00 -
2/15/06 Payment $ 500.00 -
2/15/06 Payment $ 127.51 -
9/16/03 Payment $ 3.35 -
8/12/03 Payment $ 219.89 -
4/17 /03 Payrnent $ 249.58 -
7/19/01 Paymnnt $191.80-
7/27/00 Payment $ 191.80 -
https://secure.cityofdovcr.com/inde ... 2017-08-18
Página 54
Page I ol' I
PrQpl'rly laxe" Help t'4 Support
Account History Inquiry
City of Dover e(;ov Portal
Account ID 528B
Tax Mi1p Nun1ber (l)-05-017. l0-0J ·'.i20 .000-000 Pen<11nq $ 0.00
Address 528 Bl\Y RD laxe5 $6,'.i3'1.1'1
1
Owner name LOS PAISAS l LC Penally $ 2:J. 01
Total Due $6,557.15
~Pay Biii
Add to
:/iJJJl1 rJ'.:) My Properties
'}i•p l l;J i:.tri-;
1
If you have any questio ns, call Cuslorn<:r Service at (302) 7 36-7035
Click 011 a µ;iyrnent or i)r\I to view more detilils
!)ate rype Ye ar Per it1d Arno 111f
'j 8/01/16 Payment $4,726 .87 '
8/01/16 Payment $4,/26.87 '
3/21/16 Payment $ 131.91 -
10/01/15 Payment $2,726.87 -
11/24/14 Payn1ent $ 73.31 -
9/10/14 Payrnent $2,38'1.58 -
9/10/14 Payment $2,384.58 -
9/24/13 Payment $2,360.04 '
9/24/13 Payment $2,360.04 -
9/25/12 Payment $2,291.30 -
8/16/11 Payment $2,391.30 '
8/16/11 Payment $2,391. 30 .
12/28/10 Payment $ 100.00 .
8/25/10 Payment $2,291 30 .
10/26/09 Payment $ 21.07.
9/16/09 Payment $1 ,384 .02 -
7/29/08 Payment $1,384.02 .
10/16/07 Payrnent $ 42.14.
9/10/07 Payment $1,381\.02 -
7/31/06 Payment $1,384.02.
8/03/05 Payment $1,38'1.02 -
7/26/04 Payment $1,694.55 -
12/15/03 Payment $1,821.22.
l 1/20/03 Payment $1,796. 22 .
10/31/02 Payment $1,770.95.
10/02/01 Payment $1,749.76 -
10/06/00 Payment $1,775.25.
8/18/99 Payment $ 25.48 -
8/13/99 Payment $1,698.80.
7/30/98 Payment $1,698.80 .
(9 Copyright 2000 · 2006 City ,1f Dover, Delaware. ;\II Ri~Jht':i R~ ~; i:~rv~'!t1
Pnvdcy Policy & Terms of Use i Top of page
- -~ -- - - -----
https://secure.cityofdover.corn/inde ... 2017-08-18
Página 55
Page I or I
Account History Inquiry
City of Dover eGov Portal
/\,~count ID 6386 /\(~1: ot1 n t: ~;un1 11\ ~''" Y
Tax Ma1) Nu111ber f'D-05-ff/6. l l ·02-'.i90.000· 000 Pe11rJi11g $ 0.00
/Id dress 1128 FORR[ST /\VE ·raxes $ 0.00
Owner nilme NIST/\ZOS t~OLDINGS LLC Penalty $ 0.00
Add tq Total Due $ 0.00
My Properties
No Payment Dulil • f).1l.JrK1! iJ:i or end d l,i~! tH1·.11v··:.:;, ·!ti 'r
·:.:..:JlH1 1'J
J!•)•I 'i;: ;l'lf'I
If you have any questions, call Customer Service at (302) 736 -7035
Click on a payment or bill to view more details
Dutt~ Type Yt:~ i'lr l' eriod An-1ount
7/19/17 Payment $ 337.70
j)( 10/12/16 Payment $25,084.86 .
$25,084 .86 .
10/12/16 Payment
10/12/16 Payment $25,084.86 .
10/12/16 Payment $25,084 .86.
10/12/16 Payment $25,084.86.
10/12/16 Payment $25,084.86 -
10/12/16 Pnyment $25,084 .86 -
5/18/16 Payment $ 713.07 -
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6, 149.10 -
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6,149.10.
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6,149 .10 -
2/24/16 Payment $6,149 .10 -
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6,149.10 -
2/24/16 Payment $6,149 .10 -
12/31/14 Payment $ 658.80 -
1/24/14 Payment $ 666.67 -
1/25/12 Payment $1,230.98 -
1/25/12 Payment $1,230 .98 -
10/30/09 Payment $ 513.25 .
7/30/08 Payment $ 498.30 .
7/31/07 Payment $ 498.30 -
7/26/06 Payment $ 498.30.
8/26/05 Payment $ 498.30 .
7/26/04 Payment $ 628.01 -
7/25/03 Payment $ 628 .01 -
7/30/02 Payment $ 628 .15 ..
7/23/01 Payment $ 339 .08 -
7 /18/00 Payment $ 339.08 -
7/26/99 Payment $ 339 .08 -
7/14/98 Payment $ 339.08 -
Search Re-,;ults i ____,
Ne.v Scarc11 J
© Copyr:gi1l 2000 - 2006 City t:•f D1..W1H , De iawarc.~ . A! I ~iqi".1 5 l~P.5•?:rvt~. J.
Pnvacy Policy & Ternis. of Use I Top or pal)e
https://secure.cityofdover.com/inde ... 2017-08-18
Página 56
Page I ol' I
Account History Inquiry
City of Dover eGov Portal
Account llJ 60582 1\c.c o11nt ~ rn n n 1 dr / ~
Tax Map Number fD-05·076.11-02 ·2 00.001-000 Pe11<1111g $ 0.00
Address 1126 FORREST AVE laxes $ 0 00
Owner name NIS IAZOS 110LDINGS LLC l'enillty $ 0 00
_) :,l J!i f l ' J
if·Jil 'I~! J! J ~ f°l
.;f Add to
t. -~::. My Properties NQ Payment QuQ
r Total Due $ 0.00
" B 1111'."1• "'• 1~ t ,•nt! fi f l, 1~ t !H,O: lf\ " '"' 1: ,1\
If you have any questions, call Customer Service at (302) 736-1035
Click on a payment or bill to view more details
Date lype Year Perioct f\!lhJi..ll l !
7/19/ll Payment $ 113 36 -
j 10/12/16 Payment $1,187.61
10/12/16 Payment $1,187.61 -
10/12/16 Payment $1,187.61.
5/18/16 Payment $ 455.04 .
2/24/16 Payment $5,130.9/. -
"
2/24/16 Payment $5,130.92 -
2/24/ 16 Payment $5,130.92 .
2/24/16 Payment $5,130.92 .
2/24/16 Payment $5, 130 .92 -
2/24/16 Payment $5, 130.92 -
2/24/16 Payment $5,130.92 -
2/24/16 Payment $5,130.92 -
12/31/14 Payment $ 894.09 -
1/24/14 Payment $ 904.77 -
1/25/12 Payment $1,670.63 -
1/25/12 Payment $1,670.63 .
© Copyri~1l1t .:.{/00 - 2006 Cny of Dover, De!awdH!. All Rights R('serve1t
Privacy Pohcy & Terms of Use I Top of page
https://secure.cityofdover.corn/indc ... 2017-08-18
Página 57
Page I of' I
tlomc> Logm Pay Ul1l1ty & fax 13ills Propf~rty T,Jx: es Help&. Support
Account History Inquiry
City of Dover eCiov Portal
Account ID l\f:£.GW ll :--=;, !1n 11l1tlf '/
Tax Maµ Number fD ·O'.i·IJ/(;. 11 -02-200.000·000 Pe11d111Q $ (l.1)1)
l\ddres5 112<\ FORRE~~T AVE raxes $ O.OIJ
Owner name NISTAZOS HOLDIN(iS I.LC Penally $ 0.00
Add tQ Total Due $ 0.00
No P.:iyment Due
'.:s JJl 1i~ My Properties
!!•1 11 •1;> 11 111-1
If you have any que5tion5, call Customer Service at (302) 7.16· 7035
Click on a payment or brll to view more details
L\Ji.t' l"ypf~ Y e ,~r Perio, 1 Ar11oon1!
7/19/17 Payment $ 119 83 -
$19,164.19 -
~ 10/13/16 Payment
10/13/16 Payment $19,164.19 -
10/13/16 Payment $19.164.19 -
10/13/ 16 Payment $19,164.19 -
10/12/16 Payment $19, 160.49 .
10/12/16 Payment $19,160.49 -
10/12/16 Payment $19,160.49 -
5/18/16 Payment $ 142.06 -
~ 2/24/16 Payment $1,977..12 -
2/24/16 Payment $1,972.12 -
2/24/16 Payment $1,972 .12 -
2/24/16 Payment $1,972.12 -
2/24/16 Payment $1,972.12 -
2/24/16 Payment $1,972.12 .
2/24/16 Payment $1,972.12 -
1/24/14 Payment $ 386.11 -
1/25/12 Payment $ 712.93 -
1/25/12 Payment $ 712.93 -
10/30/09 Payment $ 400.06 -
7/30/08 Payment $ 388.41 -
7/31/07 Payment $ 388.41 -
7/26/06 Payment $ 388.41 .
8/26/05 Payment $ 388.41 -
7/26/04 Payment $ 348.12 -
7/25/03 Payment $ 348.12 .
7/30/02 Payment $ 347 .98 -
7/23/01 Payment $ 321.27 -
7/18/00 Payment $ 321.27 -
7/26/99 Payment $ 321.27 -
7/14/98 Payment $ 321.27 -
© Copynghl 2000 - 2G06 City o f Oov..~ r, OC! l.~w~ re /\ii H?qtll'> ~c~;e;-v.;;d
Pnvacy Policy & Terms or Use 1 Top of page
https://secure.ci tyofdover.com/incle ... 2017-08-18
Página 58
RESOLUTION NO. 2017-08 APPROVING TIIE 2017
COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACTI()N PLAN
By consent agenda, Mr. Lewis moved for adoption of the proposed
resolution, seconded by
Mr. Neil and, by a unanimous roll call vote, Council adopted
Resolution No. 2017-08, as
follows:
A RESOLUTION APPROVING THE 2017 COMMUNITY
DEVELOPMENT BLOCK
GRANT (CDBG) ACTION PLAN
WHEREAS, the City of Dover is entitled to~£_2 0,2~ through the ~--/
United States Department of Housing and Urban Development
Community Development Block Grant program; and WHEREAS, the
City of Dover has prepared the 2017 Action Pian, in accordance with the
United States Department of Housing and Urban Development
guidelines, that serve as the primary planning document for identifying
and meeting the housing and community development needs for the low
and moderate-income residents of Dover; and WHEREAS, the City of
Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the
National Community Development objectives of benefiting low and
moderate income families, eliminating slums and blight, and meeting
other community development objectives; and WHEREAS, the United
States Department of Housing and Urban Development requires the City
of Dover to submit a Consolidated Plan and an Action Plan for
Application for Federal Assistance including the proposed use of funds
and including certain certifications and policies to obtain its $230,289
entitlement; for eligible activities; and NOW, THEREFORE BE IT
RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER APPROVE THE 2017 Community Developn1ent
Block Grant Action Plan and application for Federal Assistance included
in the Action Plan, along with certifications and policies attached and
authorize its forwarding to the United States Department of Housing and
Urban Development for consideration.
'()j{:·
',/? .
ADOPTED: JUNE 26, 2017
'/
Página 59
CITY OF DOVER ORDINANCE# 2017-08
CDBG GRANT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
Th e arnoun t her e inaftc-~r named aggregating Two Hundred Eighteen Thousand Eight Hundred dollars
($218,800) or so much th!:reof as may be necessary are hereby Jppropriall; d from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018 :
OPERATING REVENUES
2017/18
BUDGET
PRIOR VEAR BALANCE $ 2,100
COllG GRANTS RECEIVED 216,700
TOTALS $ 218,800
OPERATING EXPENSES
2017/18
BUDGET
EXPENDITURES
CURRENT VEAR CLOSING COST/DOWN PAYMENT PROGRAM $ 60,000
CURRENT VEAR CONNECTION SUPP PROGRAM 3,000
CURRENT VEAR DOVER INTERFAITH MINISTRY 24,000
CURRENT VEAR MHDC EMERGENCY HOME REPAIR 25,000
CURRENT VEAR HABITAT FOR HUMANITY 21,300
CURRENT VEAR MHDC HOMEOWNER REHAB. 40,000
CURRENT VEAR ADMIN EXPENSE 43,400
TOTAL EXPENDITURES 216,700
CURRENT YEAR BALANCE 2,100
TOTALS $ 218,800
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26,_2017
27
Página 60
FY 2017 ANNUAL OPERATING BUDGET - DOVER , DELAWARE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
OPEF<i\ TltjG f~ EVl-O N U E S
$ DIFFERENCE
2015/2016 ORIGINAL 2016/17 2017/18 FY18 VS %
AClUAL BUDGET PROJECTED APPROVED FY17 BUDGET CHANGE
PRIOR YEAR BALANCE CDBG 2 013 2, 100 2, 100 2, 100 0.0 %
PRIOR YEAR BALANCE NSP 85,277 0.0%
CDBG GRANTS RECEIVED 231_161 23G,500 ;(19 70 0 216,"100 (19.800) -8.4%
REVENUE FROM NSP 25.501 0.0%
TOTALS 343,952 238,600 281,800 218,800 (19,800) -8.3%
OPrnA TING EXPENSES
$ DIFFERENCE
2015/2016 ORIGINAL 2016/17 2017/18 FY18 VS %
ACTUAL BUDGET PROJECTED APPROVED FY17 BUDGET CHANGE
Prior year Closing cost/down payment program 892 900 0.0%
Prior year Neall Research Inc. 1,000 0.0%
Prior year Connection Supp Program 2,500 0.0%
Prior year MHDC emergency home repair 22,300 0.0%
Prior year Habitat for Humanity 5,500 3,000 0.0%
Prior year Milford housing H/O rehab 13,400 0.0%
Current year closing cost/down payment program 59 , 108 50,000 50 ,000 60,000 10,000 20.0%
Current year Connection Comm Supp program 4,952 7,200 7,300 3,000 (4,200) -58.3%
Current year Dover interfaith ministry 27.000 22,000 22,000 24,000 2,000 9.1%
Current year MHDC emergency home repair 12.990 25,000 25,000 25,000 0.0%
Current year Habitat for Humanity 37 ,047 30,000 30,000 21,300 (8,700) -29.0%
Current year MHDC homeowner rehab. 39.506 55,000 55,000 40,000 (15,000) -27.3%
Current year Peoples Place 6.722 0.0%
Current year admin expense 37.444 4"1,300 47,300 43,400 (3,900) -8.2%
NSP program expenditures 95.453 0.0%
CURRENT YEAR BALANCE CDBG 2,013 2,100 2,100 2,100 0.0%
CURRENTYEARBALANCENSP 15.325 0.0%
TOTALS 343,952 238,600 281,800 218,800 (19,800) -8 .3%
293
Página 61
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF AUGUST 10, 2015 PAGES
Mr. Koenig advised members that, while the write-off would be substantial, the long tenn benefit
of the proposal outweighed the financial impact of this write-off. Mr. Koenig stated that it was
staffs strong belief, from an administrative standpoint, that transfening this property would be a
good thing for the City of Dover. He noted that the City had preached home ownership in this area
and Habitat would virtually guarantee long-tenn home ownership.
Staff recommended authorizing the properties to be transfened from Dr. Joe Burden, Jr. to Central
Delaware Habitat for Humanity without collecting the City's liens against the properties in exchange
for a payment of $30,000 from Central Delaware Habitat for Humanity ($7,500 per parcel).
In response to Mr. Shevock regarding whether Dr. Burden owned any other properties in the City,
Mr. Koenig stated that Dr. Burden owned a substantial amount of property within the City.
Responding to Mr. Shevock as to whether either the write-off or the total lien amount could be
transfened to Dr. Burden's other properties and attached for payment, Mr. Koenig stated his belief
that this could not be done. He expressed his opinion, in the larger context of dealing with distressed
properties, that this would not be a good precedent to start and was unsure if the City could legally
do this. Mr. Koenig stated that staff had talked to Mr. William Pepper, Deputy City Solicitor, about
this particular transaction and there was no legal reason that the City could not transfer a lien from
one (I) property owner to another and then forgive the lien.
Mr. Koenig advised members that Dr. Burden had been working with staff and had paid all of his
FY 15 taxes. He stated his belief that Dr. Burden had paid FY 16 taxes on all but the subject
properties; therefore, progress had been made in a number of areas. Mr. Koenig indicated staff's
belief that this land transfer would clear the water in some cases and provide a fast forward to home
ownership on these four (4) Jots. He stated that if the City continued to pursue the liens and forced
a tax sale, there would be no guarantee that those purchasing the properties would occupy them, as
they could be rentals. Mr. Koenig reiterated, under the proposal, that the City would be virtually
guaranteed home ownership.
Mr. Sudler stated that he was glad that Dr. Burden and the City of Dover had reached an
understanding and agreement and were working together.
Mr. Sudler moved to recommend approval of Staff's recommendation to authorize the
properties to be transferred from Dr. Joe Burden, Jr. to Central Delaware Habitat for
Humanity without collecting the City's liens against the properties in exchange for a payment
of $30,000 from Central Delaware Habitat for Humanity ($7,500 per parcel). The motion was
seconded by Mr. Cole and unanimously carried.
Disposition of City Owned Land - Property Located at 710 and 715 Slaughter Street
Members were informed that the City of Dover acquired properties located at 710 and 715 Slaughter
Street at a monition sale due to liens for taxes and demolition expenses. Mr. Scott Koenig, City
Manager, stated that these were excess properties, as the City had no use for them and would be
better served by the properties being redeveloped and restored as taxable properties.
Página 62
EXHIBIT #2
Regular Council Meeting of 08/28/2017
Excerpts from:
Affirmatively Furthering Fair Housing in Delaware
Delaware Housing Coalition
Michael Allen
Reiman, Dane & Colfax, PLLC
Georgetown, Delaware
April 4, 2013
"Today's Federal housing official commonly inveighs against the evils of ghetto life even as he
pushes buttons that ratify their triumph-even as he OK's public housing sites in the heart of
the [African-American] slums, releases planning and urban renewal funds to cities dead-set
against integration, and approves the financing of suburban subdivisions from which [African-
Americans] will be barred .... "These and similar acts are committed daily by officials who say
they are unalterably opposed to segregation, and have the memos to prove it.. .. But when you
ask one of these [HUD administrators] why, despite the [fair housing legislation] most public
housing is still segregated, he invariably blames it on regional custom, local traditions, personal
prejudices of municipal housing officials." --Senator Edward Brooke: 114 Cong. Rec. 2281 [1968]
FHA requires HUD to "administer [housing] programs ... in a manner affirmatively to further the
policies of [the Fair Housing Act]," including the general policy to "provide, within constitutional
limits, for fair housing throughout the United States."
- 42 USC §3608
42 U.S.C. §S304(b)(2): "Any grant under [the CDBG program] shall be made only if the grantee
certifies to the satisfaction of the Secretary that ... the grant will be conducted and
administered in conformity with the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.] and the
Fair Housing Act [42 U.S.C. 3601 et seq.], and the grantee will affirmatively further fair
housing."
Preventing the Increase of Segregation
" ... the affirmative duty placed on the Secretary of HUD by§ 3608(d)(S) ... requires that
consideration be given to the impact of proposed public housing programs on the racial
concentration in the area in which the proposed housing is
to be built. Action must be taken to fulfill, as much as possible, the goal of open integrated
residential housing patterns and to prevent the increase of segregotion, in ghettos, of raci al
groups whose lack of opportunities the
Act was designed to combat." " ... every court that has considered the question has held or
stated that Title VIII imposes upon HUD an oblig<ltion to do more than simp ly refrain from
Página 63
d iscri rn in atin b (and from purposely aiding discrimination by others) ... This broader goal [of truly
open housing] ... r:>fl ect'" t h :. d e ir to haw HUD u ·e it ~, v rc: n\' progr · ;wt J ass i - t in ~ n d! 11g
d iscr irnin at ion and segreg, ti OL , to t h . po·nt w i1 er " th E! su p ply of 1p nu i n - Iv op ... n ho u".i ng
11
incr e a .~ t-~ ~~.
- NAACP v. Sec'y of Housing and Urban Development,
Westchester Litigation: A
Cautionary Tale
County received $52 million+ in CDBG, HOME, ESG funds from 2000-2006
Receipt of funds required repeated AFFH certifications
Litigation brought under the False Claims Act: AFFH certifications were false because County
did not consider race-based impediments to fair housing choice
Westchester Al
2000 and 2004 Analyses of Impediments ("Als"): "The [Fair Housing Plan] describes the housing
needs of handicapped persons, larger/smaller families [and] extended families .... " Als do not
identify any impediments on the basis of race, color, national origin or any other protected
class, even though County is part of one of the most segregated regions in the country No
mention of housing discrimination or residential segregation
Settlement Terms
County required to ensure development of 750 affordable housing units, within 7 years, in the
whitest neighborhoods - 660 units must be built in municipalities with African-American
population of less than 3% and Latino population of less than 7% - Additional integrative
criteria at the census block group level
Settlement Terms
!llCounty Returns $30 Million to HUD - $21.6 Million to Fund Integrative Units - $7.5 Million to
Pay "Relator's Share" for Ferreting out False Claims County Must Supply an Additional $30
Million for Integrative Units County Pays $2 .5 Million in Attorneys' fees and Costs
HUD Administrative Complaints
City of Atlanta (race and disability)
State of Louisiana (race)
Jefferson Parish, Louisiana (race)
Danville, Illinois (race)
Sussex County, Delaware (race and national origin)
Waukesha County, Wisconsin (race)
State of Maryland (LIHTC/race)
Página 64
Sussex County, Delaware
Attempt to build a new subdivision of single family, for-sale homes in a community land trust
for low-income service and agricultural workers blocked by Planning Commission and County
Council
The lawsuit, filed today in the U.S. District Court for the District of Delaware, alleges that the
county's planning and zoning commission denied land use approval for a 50-lot affordable
housing subdivision proposed by Diamond State Community Land Trust, a Delaware affordable
housing developer, in southwestern Sussex County near the town of Laurel, Del. The suit alleges
that the Sussex County Council later affirmed the denial of the proposed development. The suit
alleges that opposition to the proposal was based partly on the assumption that the
subdivision's residents would be Latino and African-American and on stereotypes based on
race, color and national origin. The lawsuit arose from a complaint to the U.S. Department of
Housing and Urban Development (HUD) that was referred to the Department of Justice.
The settlement, also filed today as a proposed consent decree that must be approved by the
court, requires that the defendants reconsider the affordable housing proposal using
nondiscriminatory criteria and take no actions to obstruct or delay the development of the
subdivision . It also requires the county to pay $750,000 to Diamond State Community Land
Trust in compensation for its damages.
In addition, the settlement requires that the county take affirmative steps to provide for future
affordable housing, communicate its commitment to fair housing, and establish mechanisms to
ensure affordable and fair housing in Sussex County. Among other things, the county must
formulate an affordable and fair housing marketing plan to encourage the development of
housing opportunities that are available and accessible to all residents of Sussex county
regardless of race, color or national origin, appoint a fair housing compliance officer, and
ensure that county officials and staff undergo fair housing training.
"The Fair Housing Act guarantees that all Americans have the opportunity to live where they
choose regardless of the color of their skin," said Thomas E. Perez, Assistant Attorney General
for Civil Rights Division . " It is especially important that counties employ their land use powers in
a manner that does not obstruct housing choice, and we will take action when jurisdictions
block housing because of the race or ethnicity of those who would live there."
Página 65
Lessons for Recipients of Housing a11d Community Development Funds
"[T]he c0 ntrnl g:. ai f ti .c 1 1l ligr. ~o n to A FH [1<>] to en : housin g i i::rim in c.ti -n
<111d se grc g <~ t i o n." Taking AFFH seriously can alert a recipient to ways in which private sector
activity is harming the recipient AFFH certifications Jre material
preconditions to the receipt of HUD funds Courts likely to see claims for payment as implicit
AFFH certifications Recipients ignore HUD's Fair I-lousing Planning Guide and AFFH regulations
at their peril A recipient must identify all impediments experienced by all protected classes,
and must keep records of this analysis - Whether created by public or private sector,
impediments must be analyzed - Impediments may include actions or policies that discriminate
on the basis of protected class, whether by way of intentional discrimination or disparate
treatment -A recipient is not excused from such an analysis by identifying the "greatest" or
"most challenging" impediment; it must analyze everything it finds
Permitting concentration of affordable housing development in minority neighborhoods likely
perpetuates segregation and is a violation of the recipient's AFFH obligation A recipient must
take appropriate actions to overcome the impediments identified, and keep records of those
actions It is impossible to meet this requirement in the absence of an adequate identification
and analysis of underlying impediments
Recipients are responsible for the AFFH compliance of their sub-recipients
- You can't fund jurisdictions whose policies and practices are AFFH non-compliant
-There will be more vigorous AFFH enforcement in the coming years :
-Administrative complaints to HUD
- HUD "front end" and compliance reviews
- Litigation by civil rights groups
- Litigation by developers and property owners
Página 66
AFFH FACT SHEET:
THE DUTY TO AFFIRM.ATIVELY FUR_ HER FAI . HOUSI. G
WHAT IS THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING?
From its inception, the Fair Housing Act (and subsequent laws reaffirming its principles) not only prohibited
discrimination in housing related activities and transactions but also imposed a duty to affirmatively further
fair housing (AFFH). The AFFH rule sets out a framework for local governments, States, and public housing
agencies (PHAs) to take meaningful actions to overcome historic patterns of segregation, promote fair
housing choice, and foster inclusive communities that are free from discrimination. The rule is designed to
help programs participants better understand what they are required to do to meet their AFFH duties and
enables them to assess fair housing issues in their communities and then to make informed policy decisions.
For purposes of the rule. affirmatively furthering fair housing "means taking meaningful actions, in
addition to combating discrimination, that overcome patterns of segregation and foster inclusive
communities free from barriers that restrict access to opportunity based on protected characteristics.
Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together,
address significant disparities in housing needs and in access to opportunity, replacing segregated living
patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated
areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and
fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant's
activities and programs relating to housing and urban development."
For purposes of the rule. meaningful actions "means significant actions that are designed and can be
reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for
example, increasing fair housing choice or decreasing disparities in access to opportunity."
WHAT IS THE PROCESS PROGRAM PARTICIPANTS MUST FOLLOW?
Under the AFFH rule, an "Assessment of Fair Housing" (AFH) will replace the current "Analysis of
Impediments" (Al) process. The AFH Assessment Tool, which includes instructions and data provided by
HUD, consists of a series of questions designed to help program participants identify, among other things,
fair housing issues pertaining to patterns of integration and segregation; racially and ethnically concentrated
areas of poverty; disparities in access to opportunity; and disproportionate housing needs, as well as the
contributing factors for those issues.
• The Assessment Tool is intended to help communities understand and identify local barriers to fair
housing choice. The AFH provides an approach that will help program participants more effectively
affirmatively further the purposes and policies of the Fair Housing Act.
• HUD will review the AFH within 60 calendar days after the date of submission. An AFH submission is
deemed accepted 61 days after submission unless HUD provides notification on or before that it is not
accepted. Non-acceptance notifications will explain the reasons for non-acceptance and how a program
participant may remedy deficiencies.
• The AFFH rule establishes specific requirements for the incorporation of the AFH into subsequent
Consolidated Plans and PHA Plans in a manner that connects housing and community development policy
and investment planning with meaningful actions to AFFH.
• The AFFH rule links existing community participation and consultation requirements to the AFH process to
ensure program participants give the public opportunities for involvement in the development of the AFH
and in its incorporation into the Consolidated Plan and PHA Plan.
Página 67
INTERIM GUIDANCE FOR PROGRAM PARTICIPANTS ON
STATUS OF ASSESSMENT TOOLS AND SUBMISSION OPTIONS
HUD is providing guidance for Program Participants to assist in carrying out certain responsibilities
related to their obligation to affirmatively further fair housing (AFFH) pending issuance of the final
Assessment of Fair Housing (AFH) Tool for States and Insular Areas. As interim guidance, this guidance
will be updated based on the availability of Assessment Tools for States and Insular Areas and Public
Housing Agencies (PHAs), 1 or by January 1, 2019, whichever is earlier.
STATUS OF ASSESSMENT TOOLS
Program participants will not be required to begin conducting their assessments until the full array of
on line resources, including both the Data and Mapping Tool (AFFH-T) and the User Interface are
complete and operational. The status of these Assessment Tools and related on line resources are as
follows:
• Local Government and Joint/Regional : Final and available OMB. Control No. 2529-0054).
• PHA and PHA-only collaboration: Final and available (OMB Control No. 2529-0055). OMB has
approved the AFH Assessment Tool for PHAs. HUD will issue an additional Federal Register
notice notifying PHA's of their new submission date at a later time once additional resources
become available.
• Qualified PHA (QPHA): Currently unavailable-final version subject to full Paperwork Reduction
Act (PRA) process.
• State and Insular Area: Currently going through PRA Process (see additional details below).
GENERAL GUIDANCE FOR PROGRAM PARTICIPANTS
Pursuant to 24 C.F.R. § 5.160, AFH submission requirements depend on the type of program participant
(or lead entity in the case of a collaboration) and the availability of applicable Assessment Tools and
their related Data and Mapping Tool. The following tables are meant to assist program participants in
identifying options for collaboration 2 and accompanying submission deadlines.
1
HUD has announced its intention to release an Assessment Tool for Qualified PHAs (QPHAs) . This will be subject
to the Paperwork Reduction Act (PRA) process, and the public will have an opportunity to submit comment.
2
Guidance on how program participants can collaborate on their AFH submissions can be found on
www.hudexchange.info/programs/affh .
Issued January 18, 2017
Página 68
Local Governments, States, and Insular Areas
Option 1: Option 2: Option 3:
Submit an AFH Alone Collaboration with one or more Collaboration with State lead
Local Governments or PHAs on Entity on an AFH
an AFH
Ai;mlicable Assessment Tool : AQQlicable Assessment Tool: AQQlicable Assessment Tool:
Local Government Local Government Assessment Assessment Tool for States
Assessment Tool Tool with option to use and Insular Areas w ith option
Local
$500,000 or Less Local to use $500,000 or less Local
Government
Government Insert if the Government Insert ifthe
Program
Program Participant is eligible Program Participant is eligible
Participants
with CDBG
Submission Deadline: Submission Deadline: Submission Deadline:
Grants in
270 days prior to the Based on lead Submitter' s Based on lead Submitter's
FY15 of
program year start date for Submission Deadline Submission Deadline, which is
$500,000 or
the next 3-5-year triggered by approval and
Less 3
consolidated planning cycle publication of a final State
beginning on or after January Assessment Tool
1, 2019.
Local AQ1;2 licable Assessment Tool: AQQ licable Assessment Tool : A1;2Qlicable Assessment Tool :
Local Government Local Government Assessment Assessment Tool for States
Government
Program Assessment Tool Tool and Insular Areas
Participants Submission Deadline: Submission Deadline: Based on Submission Deadline :
with CDBG 270 days prior to the Lead Submitter's Submission Based on Lead Submitter's
Grants in program year start date for Deadline Submission Deadline, which is
FY15 that the next 3-5-yea r triggered by approval and
are Over consolidated planning cycle. publication of a final State
$500,000 Assessment Tool
States and A1;2~licable Assessment Tool: A1;21;2licable Assessment Tool: I
Insular Assessment Tool for States Assessment Tool for States and
Areas and Insular Areas Insular Areas
Submission Deadline: Submission Deadline:
Triggered by approval and Triggered by approval and
publication of a final publication of a final Assessment
Assessment Tool for State Tool for State and Insular Areas
and Insular Areas
3
For any HOME con sortium who se members do not receive CDBG funds or whose members collectively received
$500,000 or less in CDBG fund s in FY2015, the con sortium' s first AFH is due 270 days prior to the program year for
which a new 3-5-year Consolidated Plan is due sta rting on or after January 1, 2019 . For any HOME consortium in
which members re ceived more than $500,000 in CDBG funds in FY2015, the consortium's first AFH is due 270 days
prior to the program year for which a new 3-5 Consolidated Plan is due starting on or after January 1, 2017. 81
Fed . Reg . 73129.
2
Página 69
Public Housing Agencies
Option 1: Option 2: Option 3: Option 4:
Submit an AFH Alone PHA-Only Collaboration Collaboration with one Collaboration with
on an AFH or more Local State as Lead Entity
Governments on an on an AFH
AFH
Applicable Applicable Assessment Applicable Assessment Applicable
Assessment Tool: Tool: PHA Assessment Tool: Assessment Tool :
QPHA Assessment Tool with option to use Local Government Assessment Tool for
Tool PHA Insert Assessment Tool with States and Insular
option to use PHA Areas with option to
QPHAs Insert use PHA Insert
(Fewer than
550 Units) Submission Deadline: Submission Deadline: Submission Deadline: Submission Deadline:
270 days prior to the 270 days prior to the Based on Lead Triggered by
program year start program year start date Submitter' s Submission approval and
date for the next 5- for the next 5-year cycle Deadline publication of a final
year cycle. of the Lead PHA. Assessment Tool for
States and Insular
Triggered by the Triggered by the Areas
announcement of the announcement of the
availability of all availability of all
resources for resources for
completion of the completion of the Final
Final QPHA PHA Assessment Tool
Assessment Tool
PHAs 1250 Applicable Applicable Assessment Applicable Assessment Applicable
or fewer Assessment Tool: Tool: Tool: Assessment Tool:
Units PHA Assessment Tool PHA Assessment Tool Local Government Assessment Tool for
with option to use 1,250 Assessment Tool with States and Insular
unit or fewer PHA Insert option to use the PHA Areas with option to
("PHA Insert") Insert use PHA lnsert4
4
While not final, HUD announced its intention to make an insert available to PHAs with 1250 units or fewer in the
case of collaboration using the State Assessment Tool, as it has in the Local Government and PHA Assessment
Tools . See 82 Fed. Reg. 4388 (Jan. 13, 2017).
3
Página 70
Public Housing Agencies
Option 1: Option 2: Option 3: Option 4:
Submit an AFH Alone PHA-Only Collaboration Collaboration with one Collaboration with
on an AFH or more local State as lead Entity
Governments on an on an AFH
AFH
Submission Deadline: Submission Deadline: Submission Deadline: Submission Deadline :
270 days prior to the 270 days prior to the Bas ed on Lead Triggered by
program year start program year start date Submitter's Submission approval and
date for the next 5- for the next 5-year PHA Deadline publication of a final
year PHA Planning planning cycle of the Assessment Tool for
cycle. Lead PHA. States and Insular
Area s
Triggered by the Triggered by the
announcement of the announcement of the
availability of all availability of all
resources for resources for
completion of the completion of the Final
Final PHA Assessment PHA Assessment Tool
Tool
Applicable Apglicable Assessment Arrnlicable Assessment Apglicable
Assessment Tool: Tool: Tool : Assessment Tool:
PHA Assessment Tool PHA Assessment Tool Local Government Assessment Tool for
Assessment Tool States and Insular
PHAs with Areas
more than
1250 units Submission Deadline: Submission Deadline: Submission Deadline: Submission Deadline:
270 days prior to the 270 days prior to the Based on Lead Triggered by
program year start program year start date Submitter's Submission approval and
date for the next 5- for the next 5-year PHA Deadline publication of a final
year PHA Planning Planning cycle. Assessment Tool for
cycle. States and Insular
Triggered by the Areas
Triggered by the announcement of the
announcement of the availability of all
availability of all resources for
resources for completion of the Final
completion of the PHA Assessment Tool
Final PHA Assessment
Tool
4
Página 71
FEDERAL REGISTER
Vol. 80 Thursday,
No. 136 July 16, 2015
Part Ill
Department of Housing and Urban
Development
24 CFR Parts 5, 91, 92, et al.
Affirmatively Furthering Fair Housing; Final Rule
Página 72
42272 Federal Register I Vol. 80, No. 136 /Thursday, Jul y 16, 2015 I Rules and Regulations
DEPARTMENT OF HOUSING AND conditi ons that res trict fair hous ing The approach proposed by HUD in
URBAN DEVELOPMENT choi ce, and dispariti es in access to 2013, and adopted in this final rule,
housing a nd opportunity , id eutify the with revis ions mad e in response to
24 CFR Parts 5, 91, 92, 570, 574, 576, factors that primarily contribute to the publi c comments, strengthens the
and 903 crea tion or perp etuation of fair housing process for program parti cipants'
(Docket No. FR-5173-F-04]
issues, and es tablish fair housing assessments of fa ir hous ing iss ues and
priorities and goals. contributing fa ctors and fo r the
RIN 2501-AD33 DATES: Effective Date : August 17 , 2015. establi shment of fair housing goa ls and
prioriti es by requiring use of an
Affirmatively Furthering Fair Housing FOR FURTHER INFORMATION CONTACT:
Assessment Tool, providing data to
George 0. Williams, Sr., Deputy
AGENCY: Office of the Secretary, HUD. program participants related lo certain
Assistant Secretary for Policy, key fair hous ing issu es, and instituting
ACTION: Final rule. Legislatives Initiatives and Outreach , a process in whi ch HUD reviews
Office of Fair Housing and Equal
SUMMARY: Through this final rule, HUD program participants' assessments,
Opportunity, Department of Housing
provides HUD program participants prioritization, and goa l setting. While
and Urban Development, 451 7th Street
with an approach to more effectively the statutory duty to affirmatively
SW., Room 5246, Washington, DC
and effici1rntly incorporate into their further fair housing requires program
20410; telephone number 866- 234- 2689
planning processes the duty to participants to take actions to
(toll-free) or 202- 402- 1432 (local).
affirmatively further the purposes and affirmatively further fair housing, this
Individuals who are deaf or hard of
policies of the Fair Housing Act, which final rule (as was the case in the
hearing and individuals with speech
is title VIII of the Civil Rights Act of proposed rule) docs not mandate
impairmen ts may access this number
1968. The f'air Housing Act not only specifi c outcomes for the planning
via TTY by calling the toll-free Federal
prohibits discrimination but, in process. Instead, recognizing the
Relay Service during working hours al
conjunction with other statutes, directs importance of loca l decisionmaking , the
1-800-877-8339.
HUD's program participants to take new approach establishes basic
SUPPLEMENTARY INFORMATION: param eters lo help guide public sector
significant actions to overcome historic
patterns of segregation, achieve truly I. Executive Summary housing and community development
balanced and integrated living patterns, planning and inveslment decisions in
promote fair housing choice, and foster Purpose of the Regulatory Action being better informed about fair housing
inclusive communities that are free from From its inception, the Fair Housing concerns and consequently help
discrimination. The approach to Act (and subsequent laws reaffirming its program participants to be better
affirmatively furthering fair housing principles) has not only prohibited positioned lo fulfill their obligation to
carried out by HUD program discrimination in housing related affirmatively further fair housing.
participants prior to this rule, which activities and transactions but has also Summary of Legal Authority
involved an analysis of impediments to provided, through the duty to
fair housing choice and a certification affirmatively further fair housing The Fair Housing Act (title VIII of the
that the program participant will (AFFH). for meaningful actions to be Civil Rights Act of 1968, 42 U.S.C.
affirmatively further fair housing, has taken to overcome the legacy of 3601- 3619) declares that it is "the
not been as effective as originally segregation, unequal treatment, and policy of the United States to provide,
envisioned. This rule refines the prior historic lack of access to opportunity in within constitutional limitations, for fair
approach by replacing the analysis of housing. Prior to this rule , HUD directed housing throughout the United States."
impediments with a fair housing participants in certain HUD programs lo See 42 U.S.C. 3601 . Accordingly, the
assessment that should better inform affirmatively further fair housing by Fair Housing Act prohibits, among other
program participants' planning undertaking an analysis of impediments things, discrimination in the sale, rental,
processes with a view toward better (AI) that was generally not submitted to and financing of dwellings, and in other
aiding HUD program participants to or reviewed by HUD . This approach housing-related transactions because of
fulfill this statutory obligation. required program participants, based on "race, color, religion, sex, familial
Through this rule, HUD commits to general guidance from HUD, to identify status, 1 national origin, or handicap." z
provide states, local govern~ents, impediments to fair housing choice See 42 U.S.C. 3604 and 3605. Section
public housing agencies (PHAs), the within their jurisdiction, plan, and take 808(d) of the Fair I-lousing Act requires
communities they serve, and the general appropriate actions to overcome the all executive branch departments and
public, lo the fullest extent possible, effects of any impediments, and agencies administering housing and
with local and regional data on maintain records of such efforts. urban development programs and
integrated and segregated living Informed by lessons learned in localities activities to administer these programs
patterns, racially or ethnically across the country, and with program in a manner that affirmatively furthers
concentrated areas of poverty, the participants, civil rights advocates, fair housing. See 42 U.S.C. 3()08.
location of certain publicly supported other stakeholders, and the U.S. 1
The term "familial status" is defined in the Fair
housing, access to opportunity afforded Government Accountability Office all Housing Act al 42 U.S.C. 3602(k). ll includes one
by key community assets, and commenting to HUD that the Al or more ch ildren who are under the age of 18 years
disproportionate housing needs based approach was not as effective as being domi ciled with a parent or guardian.
on classes protected by the Fair Housing originally envisioned, in 201 cl HUD 2
Although the Fair Housing Acl was amended in
Act. Through the availability of such 1988 to extend civil rights protections lo persons
initiated the rulemaking process to with "handicaps," the term "disability" is more
data and available local data and propose a new and more effective c ommonly used and accepted today to refer to an
knowledge, the approach provided by approach for program participants to individual's physical or mental impairment that is
this rule is intended to make program use in assessing the fair housing issues protected under federal civil rights laws, the record
participants better able to evaluate their of such an impairment, and being regarded as
and factors in their jurisdictions and having such an impairment. For this reason, except
present en vironment to assess fair regions and for establishing fair housing where quoting from the Fair Housing Act, this
housing issues such as segregation, priorities and goals to address them. preamble and final rule use the term "disability."
Página 73
Federal Register/Vol 130, No. 136 / Thursday, Jul y 16, 201 5 /Rules and Regulations 42273
Section 808(e)(5) of the Fair Housing Summary of Benefits and Costs sp ec ific local entiti es 1..v ill depe nd on
Act (42 U.S.C. 3608(e)(5)) requires th at HUD believes that the rul e, through the extent to which th ey have been
I-IUD programs and activities be its improvem ents to th e fair housing complying with th e planning process
administered in a manner affirmativel y planning process, has the pot ential for already in place . The local entiti es that
furthering th e polici es of th e Fair substantial benefit not only for program have been diligent in compl eting
I-lousing Act. participants but also for the rigorous Als may experience a net
decrease in administrative burden as a
Summaiy of th e Major Provisions of th e communities they serve and the United
Slates as a whole. The new approach result of the revised process. Program
Rule
put in place by this rul e is designed to participants are currentl y required also
The Affirmatively Furthering Fair improve the fair housing planning lo engage in outreach and coll ect data in
Housing (AfFH) regulations process by providing bett er data and order to meet the obligation to
promulgated by this final rule: greater clarity to the steps that program affirmatively fi.1rther fair housing. As
a. Replace Lhe AI with a more participants must undertake to assess more fully addressed in the Regulatory
effective and standardiZfid Assessment fair housing issues and contributing Impact Analysis that accompanies this
of Fair Housing (AFH) through which factors and establish fair housing rule, HUD estimates compliance costs to
program participants id entify and priorities and goals to address them. program participants of $25 million
evaluate fair housing issues, and factors The fair housing issues, contributing annually, as well as resource costs lo
contributing to fair housing issues factors, goals, and priorities identified HUD of $9 million annually.
(contributing factors); through this process will be available to The rule covflrs program participants
help inform program participants' that are subject to a great diversity of
b. Improve fair housing assessment,
investments and other decisionmaking, local conditions and economic and
planning, and decisionmaking by HUD
social contexts, as well as differences in
providing data that program participants including their use of HUD funds and
other resources. These improvements the demographics of populations,
must consider in their assessments of
should yield increased compliance with housing needs, and community
fair housing-designed to aid program
investments. The rule provides for
participants in establishing fair housing fair housing and civil rights laws and
fewer instances of litigation pertaining program participants to supplement
goals to address these issues and
to the failure to affirmatively f·urther fair data provided by HUD with available
contributing factors;
local data and knowledge and requires
c. Incorporate, explicitly, fair housing housing. Through this rule, HUD them to undertake the analysis of this
planning into existing planning commits lo provide stales, local
governments, PHAs, the communities information to identify barriers lo fair
processes, the consolidated plan and housing. Also, the rule affords program
PHA Plan, which, in turn, incorporate they serve, and the general public, to the
fullest extent possible, with local and participants considerable choice and
fair housing priorities and goals more flexibility in formulating goals and
effectively into housing, and community regional data on patterns of integration priorities to achieve fair housing
development decisionmaking; and segregation, racially or ethnically
concentrated areas of poverty, access to outcomes and establishing the metrics
d. Encourage and facilitate regional housing and key community assets that that will be used to monitor and
approaches to address fair housing afford opportunity, and document progress. The precise
issues, including collaboration across disproportionate housing needs based outcomes of the proposed AFH planning
jurisdictions and PHAs; and on characteristics protected by the Fair process are uncertain, but the rule will
e. Provide an opportunity for the Housing Act. From these data, program enable each jurisdiction to plan
public, including individuals participants should be better able to meaningfully.
historically excluded because of evaluate their present environment to II. Background
characteristics protected by the Fair assess fair housing issues, identify the
Housing Act, to provide input about fair significant contributing factors that A. Legal Authority
housing issues, goals, priorities, and the account for those issues, set forth fair HUD's July 2013 proposed rule fully
most appropriate uses of HUD funds housing priorities and goals, and set out the legal basis for I-IUD 's
and other investments, through a document these activities. authority to issue regulations
requirement to conduct community As detailed in the Regulatory Impact implementing the obligation to
participation as an integral part of the Analysis (found at www.regulations.gov affirmatively further fair housing, but
new assessment of fair housing process. under the docket number 5173- F-03- HUD believes it is important to restate
This new approach is designed to RIA), HUD does not expect a large such authority in this final rule.
empower program participants and to aggregate change in compliance costs for The Fair Housing Act (title VIII of the
foster the diversity and strength of program participants as a result of the Civil Rights Act of 1968, 42 U.S.C.
communities by overcoming historic proposed rule. Currently, HUD program 3601-3619), enacted into law on April
patterns of segregation, reducing racial participants are required to conduct an 11, 1968, declares that it is "the policy
or ethnic concentrations of poverty, and AI to fair housing choice, take of the United States to provide, within
responding to identified appropriate actions to overcome the constitutional limitations, for fair
disproportionate housing needs effects of identified impediments, and housing throughout the United States."
consistent with the policies and maintain records relating lo the duty to See 42 U.S.C. 3601. Accordingly , the
protections of the Fair Housing Act. The affirmatively further fair housing. An Fair Housing Act prohibits
rule also seeks to assist program increased emphasis on affirmatively discrimination in the sale, rental, and
participants in reducing disparities in furthering fair housing within the financing of dwellings, and in other
housing choice and access to housing planning process may increase housing-related transactions because of
and opportunity based on race, color, compliance costs for some program race, color, religion, sex, familial status,
religion, sex, familial status, national participants , but this final rule, as national origin, or handicap. See 42
origin, or disability, thereby expanding provided in Section lII of this preamble, U.S.C. 3601 et seq. In addition to
economic opportunity and enhancing has strived to mitigate the increase of prohibiting discrimination, the Fair
the quality of life. such costs. The net change in burden for Housing Act (42 U.S.C. 3608(e)(5))
Página 74
42274 Federal Register /Vo l. 80, No . 136/Thursday, Jul y 16, 2015/Rules and Regul ations
requires that HUD programs and In exam ining the legislative history of Th e Act itself docs not define th e
activities be ad mini stered in a manner the Fair Housing Act and related precise scope of th e a ffirmati ve ly
to affirmatively further the policies of s tatutes, courts have found that the furthering fair housing obligation for
the Fair I-lou sing Ac t. Section 808(d) of purpose of the affirmatively furthering HUD's program participants. Over th e
the Fair Housing Act (42 U.S .C. 3608(d)) fair hou sing mandate is to ensure that years, co urts have provided so me
directs other Federal agencies "to recip ients of Federal housing an d urban guidance for this task. In the first
admin ister their programs. . relating deve lopment funds and other Federal ap p el late decision interpreting section
to housing and urban development . funds do more thaJ1 simply not 3608, for example, the U.S. Court of
in a manner affi rmativel y to further" th e discriminate: Recip ients also must take Appeals for the Third Circuit
policies of the Fair Housing Act, and to ac tions to address segregation and emphasized th e importance of racial
"coopera te with the Secretary" in this related barriers for groups with and socioeconomic data to ensure that
effort. characteristics protected by the Act, as "the agency's judgme nt was an
The Fair Housing Act's provisions often refl ected in racially or ethnically informed one" based on an
related to "affirmatively .. . concentrated areas of poverty. The U.S. institutionalized method to assess site
further[ingJ" fair housing, contained in Supreme Court, in one of the first Fair selection and related issues. Shannon,
sections 3608(d) and (el includ e more Housing Act cases it decided, referenced 436 F.2d at 821-22. ln multiple other
than the Act's anti-discrimination the Act's cosponsor, Senator Walter F. decisions, courts have set forth how the
mandates. NAACP, Boston Chapter v. Mondale, in noting that "the reach of section applies lo specific policies and
HUD, 817 F.2d 149 (1st Cir. 1987); see, practices of HUD program participants.
the proposed law was lo replace the
e.g., Otero v. N. Y. City Haus. Au th., 484 See, e.g., Otero, 484 F.2d al 1132-3 7;
ghettos 'by truly integrated and
F.2d 1122 (2d Cir. 1973); Shannon v. Langlois v. Abington Haus. Au th., 207
balanced living patterns.'" Trafficante
HUD, 436 F.2d 809 (3d Cir. 1970).When F.3d 43 (lsl Cir. 2000); U.S. ex rel. Anti-
v. Metro. Life Ins. Co., 409 U.S. 205, 211 Discrimination Ctr. v. Westchester Cnty.,
the Fair Housing Act was originally (1972). 4 The Act recognized that "where
enacted in 1968 and amended in 1988, 2009 WL 455269 (S.D.N.Y. Feb. 24,
a family lives, where it is allowed lo 2009).
major portions of the statute involved live, is inextricably bound up with
the prohibition of discriminatory In addition to the statutes and court
better education, better jobs, economic cases emphasizing the requirement of
activities (whether undertaken with a
motivation, and good living recipients of Federal housing and urban
discriminatory purpose or with a
conditions." 114 Cong. Rec. 2276-2707 development funds and other Federal
discriminatory impact) and how private
(1968). As the First Circuit has funds to affirmatively further fair
litigants and the government could
explained, section 3608(d) and the housing, executive orders have also
enforce these provisions
In section 3608(d) of the Fair Housing legislative history of the Act show that addressed the importance of complying
Act, however, Congress went further by Congress intended that "HUD do more with this requirement. 5
mandating that "programs and activities than simply not discriminate itself; it
reflects the desire to have HUD use its B. HUD's July 19, 2013, Propo.~ed Rule
relating to housing and urban
development" be administered "in a grant programs to assist in ending On July 19, 2013, at 78 FR 43710,
manner affirmatively to further the discrimination and segregation, to the HUD published its proposed rule that
point where the supply of genuinely described the new assessment of fair
purposes of this subchapter." This is not
open housing increases." NAACP, housing (AFH) process that would
only a mandate to refrain from
discrimination but a mandate to take the Boston Chapterv. HUD, 817 F.2d at 154; replace the AI. As stated in the July 19,
type of actions that undo historic See also Otero 484 F.2d at 1134 (section 2013, rule, HUD proposed a process that
3608(d) requires that "[a]ction must be should aid program participants to more
patterns of segregation and other types
taken to fulfill, as much as possible, the effectively carry out the obligation to
of discrimination and afford access to
goal of open, integrated residential affirmatively further fair housing by
opportunity that has long been denied.
housing patterns and to prevent the more directly linking the identification
Congress has repeatedly reinforced this
increase of segregation, in ghettos, of of fair housing issues , prioritization, and
mandate, requiring in the Housing and goal selling to housing and community
Community Development Act of 1974, racial groups whose lack of opportunity
the Act was designed to combat"). development planning processes
the Cranston-Gonzalez National currently undertaken by program
Affordable Housing Act, and the Quality participants and that is required as a
Housing and Work Responsibility Act of identify their overall needs for affordable and
supportive housing for the ensuing 5 years, condition of their receipt of HUD funds.
1998, that covered HUD program including housing for homnless persons, and At the jurisdictional planning level,
participants certify, as a condition of outline their strategy to address those needs. As HUD requires program participants
receiving Federal funds, that they will part of this comprehensive planning process,
affirmatively further fair housing. See 42 section 105(b)(15) of NAHA (42 U.S.C.
'12705[b)(15)) requires that these program
5
Executive Order 12892, entitled "Leadership
U.S.C. 5304(b)(2). 5306(d)(7)(B). participants r.ertify that they will affirmatively and Coordination of Fair Housing in Federal
12705(b)(15), 1437C- 1(d)(16).3 further fair housing. The Quality Housing and Work
Programs: Affirmatively Furthering Fair Housing,"
issued January 17, 1994, vests primary authority in
Responsibility Act of 1998 {QHWRA), enacted into
the Secretary of HUD for all federal executive
3 Section 104(b )(2) of the Housing and law on October 21, 1998, substantially modified the
departments and agencies to administer their
Conunw1ity Development Act (HCD Act) (42 U.S.C. United States Housing Act of 1937 (42 U.S.C. 1437 progranlS and activities relating to housing and
5304ro)(2)) requires that, to receive a grant, the state et seq.) (1937 Act), and the 1937 Act was more
urban development in a manner that furthers tJie
or local governnrnut must certify that it will recently amended by the Housing and Economic purposes of the Fair Housing Acl. Executive Ord er
affirmatively further fair housi ng. Section Recovery Act of 2008, Public Law 110-289 [HERA). 12898, entitled "Executive Actions to Address
106(d)(7}(8) of the HCD Act (42 U.S.C. QHWRA introduced formal planning processes for Environmental Justice in Minority Populations and
5306(d)(7)(8)) requires a local government that PHAs-a 5-Ynar Plan and an Annual Plan. The Low-Income Populations," issued on February 11 ,
receives a grant from a state to certify that it will required contents of the Annual Plan included a 1994, declares that Federal agencies shall make it
affirmatively furth er fair h ousing. The Cranston- certification by the PHA that the PHA will, among part of their rnission to achieve environmental
Gonzalcz National Affordablo Housing Act (NAHA) other things, affirmatively further fair housing. justice "by identifying and addressing, as
(42 U.S.C. 12704 et seq.) provides in section 105 (42 •Reflecting the era in which it was enacted, the appropriate, disproportionately high and adverse
U.S.C. 12705) that states and local governments that Fair Housing Act's legislative history and early human health or environmental effects of its
receive certain grants from HUD must develop a court decisions refer to "ghettos" when discussing program s, policies, and activities on minority
comprehensive housing affordability strategy to racially concentrated areas of poverty. populati ons and low-income populations."
Página 75
Federal Register/V o l. 80, No. 136/Thursday, July 16, 2015 / Rules and Regulations 42275
receiving Commun ity .Development gu id ance and clarity were viewed as more direct link between the AF I-1 and
Block Grant (CDBG), HOME Investment lacking. Specifically, GAO slated that it subsequent program participant
Partnerships (HOME), Emergency found that "HUD's limited regulatory planning documents- the consolidated
Solutions Grants (ESG), and Housing requirements and oversight" plan an d the PI-IA Plan- that would tie
Opportuniti es for Persons With AIDS contributed to many HUD program fair housing planning into the priority
(HOPWA) formula funding to und ertake participants placing a "low priority on selling, commitm en t of resources, and
an analysis to identify impediments to ensuring that their Als serve as effective specification of activ ities to be
fair housing cho ice within the planning tool s." 7 In its undertaken; and (5) a new HUD review
jurisdiction and take appropriate actions recommendations, GAO emphasized procedure based on clear standards that
to overcome the effects of any that HUD could ass ist program wou ld facilitate th e provision of
impediments, and keep records on such participants by providing more effecti ve technical assistance and reinforce the
efforts. See§§ 91.225(a)(l), guidance and technical assistance and value and importance of fair housing
91.325(a)(1). 6 Similarly, PHAs must the data necessary to prepare fair planning activities.
commit, as part of their planning housing plans. As provid ed in the proposed rul e, the
process for PHA Plans and any plans Stemming from substantial interaction new AFH process would be es tablish ed
incorporated therein, to examine their with program participants and in regulations in 24 CFR part 5, subpart
programs or proposed programs, advocates, and in light of the GAO A, with conforming amendments
identify any impediments to fair Report, HUD concluded that t.he current provided in the following regulations:
housing choice within those programs, Al process was not well integrated into 24 CFR part 91 (Consolidated
address those impediments in a the planning efforts for expenditure of Submission for Community Planning
reasonable fashion in view of the funds made by HUD program and Development Programs); 24 CFR
resources available, work with participants. HUD recognized that many part 92 (HOME Investment Partnerships
jurisdictions to implement any of the program participants actively grapple Program); 24 CFR part 570 (Community
jurisdiction's initiatives to affirmatively with how issues involving race, national Development Block Grants); 24 CFR part
further fair housing that require PHA origin, disability, and oth er fair housing 574 (Housing Opportunities for Persons
involvement, maintain records issues do and should influence grant With AIDS); 24 CFR part 576
reflecting those analyses and actions, decisions as part of housing and (Emergency Solutions Grants Program);
and operate programs in a manner that community development. planning.
and 24 CFR part 903 (Public Housing
is consistent with the applicable I-IUD found that program participants Agency Plans).
jurisdiction's consolidated plan. See often turned to outside consultants to
collect data and conduct the analysis, A more detailed discussion of HUD's
§§ 903.7(0), 903.15.
Over the past several years, HUD but that program participants had little July 19, 2013, proposed rule, incl.uding
reviewed the efficacy of these incentive or awareness to us e this the specific AFH regulations and
mechanisms to fulfill the affirmatively analysis as part of the investments and conforming amendments proposed, can
furthering fair housing mandate and other decisions they made as part of the be found at 79 FR 43716 through 43723.
concluded that the AI process could be consolidated plan or PHA Plan HUD refers interested parties to the
improved to make it a more meaningful processes. HUD further concluded that, preamble to the proposed rul e for a
tool to integrate fair housing into in a time of limited resources, HUD detailed discussion of the proposed
program participants' planning efforts. could do more to support program AFH process and the reasons for HUD's
HUD issued its Fair Housing Planning participants in the process, especially proposal of the features and elements of
Guide (Planning Guide) in 1996 to through the provision of data, the new AFH process.
provide extensive guidance on how to meaningful technical assistance, and C. Proposed Assessment Tool
affirmatively further fair housing. additional guidance. All these findings
However, HUD has not, in a systematic led HUD to the decision to offer a new On September 26, 2014, at 79 FR
manner, offered to its program approach of linking fair housing issue 57949, HUD published in the Federal
participants the data in HUD's identification, prioritization, and goal Register, the proposed "Assessment
possession that may better help them setting with program participants' Tool" to be used by program
frame their fair housing analysis, and traditional planning processes related to participants to evaluate fair housing
HUD generally did not require Ais to be housing and community development. choice in their jurisdictions, to identify
submitted to HUD for review. To more effectively carry out its barriers to fair housing choice at the
These observations are reinforced by affirmatively furthering fair housing local and regional levels, and to set fair
a recent report by the U.S. Government obligation, in the July 19, 2013, rule, housing goals to overcome such barriers
Accountability Office (GAO) entitled HUD proposed a new AFH process to and advance fair housing choice . HUD
"HUD Needs to Enhance Its replace the Al process. As provided in published the proposed Assessme nt
Requirements and Oversight of the proposed rule, the new AFH process Tool for a period of 60 days in
Jurisdictions' Fair Housing Plans," involved the following key features: (1) accordance with HUD's July 19, 2013,
GA0-10-905, Sept. 14, 2010. See A new fair housing assessment tool; (2) proposed rule, and in accordance with
http :I/www.gao.gov/new.items/ the provision of nationally uniform data the Paperwork Red uction Act, 44 U.S.C.
d10905 .pdf (GAO Report). In this report, that would be the predicate for and 3501 el seq.
the GAO found that there has been would help frame program participants' HUD appreciates the comments
uneven attention paid to the AI by local assessment activities; (3) meaningful submitted on the proposed Assessment
communities in part because sufficient and focused direction regarding the Tool, and will follow the September
purpose of the AFH and the standards 2014 notice with a second notice
"For these programs, tlw consolidated plan is by which it would be evaluated; (4) a soliciting comment for another 30-day
intended as the program participant's period, as required by the Paperwork
comprehensive mechanism to gather relevant 7
The GAO noted Lhat close to 30 percent of the Reduction Act, and advise of changes
housing data, detail housing, homelessness, and grantees from whom GAO sought documentation
community development strategies, •md commit to had outdated Als and that almost 5 percent of the
made lo the proposed Assessment Tool
specific actions. These are then updat ed through gran tees were unable to provide Als when in response to the initial 60-day
annual action plans. requested. solicitation of comment. ·
Página 76
42276 Federal Register/Vol. 80, No. 136/Thursclay, July 16, 2015/Rules and Regulations
ln addition, it is important to note d elay the submission date of th e first on where to draw the thres hold for a
that th e burd en imposed by the AFH for entitlement jurisdictions small CDBC. Comrnenters suggested that
Assessment Tool and additional receiving a grant of 0.0125 p erce nt of the thres hold should be drawn at $1
Assessment Tools issued by HUD must, the CDBG formula appropriation or less . million. A comm enter, co mm enting on
in accordance with the Paperwork With respect to Stales and Insular the percen tage th at HUD proposed,
Reduction Act, be renewed for approval Areas, HUD advised that it decided to suggested a perce nt.age cutoff of 0.018
by the Office of Management and design a separate Assessment Tool for percent rather than HlJ D's suggested
Budget (OMB) every 3 years, al which Stales and Insular Areas. HUD agreed percentage of 0.0125. The cornmenter
point, the opportunity is also presented with commenlers responding to the explained tJrnt this thresholu would
to assess whether the Assessment Tool Assessment Tool, published on bring the cutoff to approximately
is aiding fair housing planning as September 26, 2014, that a separate $500,000, and al that level,
intended by this rule. Assessment Tool for States and Insular administrative funds can be up lo
Areas would address commenters' $100,000, an increa se from $70,000,
D. Solicitation of Comment on Proposed concerns about the AFH approach being
Staggered Submission of AFH which is the amount that would be
better suited for entitlement available to entitlement jurisdictions
On January 15, 2015 , al 80 FR 2062, jurisdictions. HUD also advised that the receiving $348,875- the amount under
HUD published in the Federal Register separate Assessment Tool will not be the HUD-proposed threshold. The
a document reopening the public provided for public comment as part of public comments received in response
comment period on the issue of the second statutorily required public to the January 15, 2015, document can
providing a later submission deadline comment period on the Assessment be found at the following Web site:
for certain entities. In this document, Tool published on September 26, 2014. http://w·ww.regulations.go1r/
HUD advised that it was considering Rather, HUD will have the Assessment # !docketDetail;D=HUD-2015-0009.
providing certain HUD program Tool for States and Insular Areas
participants-States, Insular Areas, After consideration of the comments
separately undergo the full notice and
qualified PI-!As, jurisdictions receiving a comment process (a 60-day notice and on the CDBC threshold , HUD has
small CDBG grant-with the option of decided to set the threshold for a small
a 30-day notice) under the Paperwork
submitting their first AFH at a date later Reduction Act, and this decision CDBG grant at a FY 2015 grnnt of
than would otherwise be required for $500,000 or less. HUD believes that this
automatically means a later first AFH
program participants that are neither submission deadline for States and dollar threshold is appropriate for
States, Insular Areas, qualified PHAs, Insular areas. providing a delayed first AFI-1
nor grantees receiving a small CDBG Although not part of the January 15, submission for certain CDBG grantees.
grant, as proposed to be defined by the 2015, document, in the preamble to the Therefore, as a result of HUD's January
January 15, 2015, document. Assessment Tool published on 15, 2015, proposal and in consideration
For PI-!As, section 2702 of title II of September 26, 2014, HUD advised that of comments responding to that
the Housing and Economic Recovery the draft Assessment Tool for which proposal, States, Insular Areas, qualified
Act (HERA) 8 introduced a definition of public comment was sought is the PHAs, and CDBG grantees receiving an
"qualified PHAs" to exempt such PHAs, Assessment Tool designed for use by FY 2015 CDBG grant of $500,000 or less
that is, PI-!As that have a combined total entitlement jurisdictions and for joint will have a delayed first-AFH
of 550 or fewer public housing units and submissions by entitlement jurisdictions submission deadline, as will all PI-!As,
section 8 vouchers, are not designated and for PHAs where the entitlement even those that are not qualified PI-!As.
as troubled under section 6(j)(2) of the jurisdiction is chosen as the lead entity. For PHAs, the first AFH submission
1937 Act, and do not have a failing HUD clarified that the Assessment Tool deadline will be based on when the
score under the Section Eight is not the tool that will be used by PHA Assessment Tool has been
Management Assessment Program regionally collaborating entitlement approved by OMB-following HUD
(SEMAP) during the prior 12 months, jurisdictions or PHAs that will not be undertaking the notice and comment
from the burden of preparing and making a joint submission, nor will it be process required by the Paperwork
submitting an annual PI-IA Plan. Given used by States and Insular Areas. In Reduction Act-and announced by HUD
that Congress has determined that brief, HUD committed to provide a as available for use.
qualified PHAs should have reduced separate Assessment Tool for PHAs. III. Overview of Final Rule-Key
administrative burdens, HUD proposed HUD also advised of its intention to Changes Made at Final Rule Stage
that it is appropriate to provide these develop program-specific participant
agencies with more time lo submit their Assessment Tools to be available for In the proposed rule, HUD solicited
first AFH. public comment al the time that HUD public comment on the new AFI-1
With respect to small CDBG grants, publishes the first Assessment Tool for process and included 19 issues for
there is no statutory definition on which its additional 30 days of public which HUD specifically solicited
HUD can rely as is the case for qualified comment. HUD since decided to have comment. In Section IV of this
PHAs. However, as noted in the January the State and PHA Assessment Tools preamble, HUD provides a summary of
15, 2015, document, in HUD's undergo the full notice and comment the significant comments raised by the
Congressional Justifications issued in process under the Paperwork Reduction public comments and provides I-!UD 's
support ofHUD's Fiscal Years (FYs) Act (a 60-day notice and a 30-day response to these issues. HUD received
2013 and 2014 budget requests, HUD notice). more than 1,000 public comments on
proposed to establish a minimum grant In response to the January 15, 2015, the fuly 19, 2013, proposed rule. HUD
threshold of approximately $350,000, document HUD received 21 public appreciates all the questions raised, and
based on a percentage of the CDBG comments. The majority of public suggestions and recommendations made
formula appropriation. Therefore, HUD commenters were supportive of a by the public cornmenters. After review
proposed, similar to qualified PHAs, to delayed submission of the first AFI-1 for and consideration of the public
States, Insular Areas, qualified PHAs, comments and upon further
8 Public Law 110-289, 122 Stat. 2654, approved and jurisdictions receiving small CDBG consideration of issues by HUD, the
July 30, 2008, sco 122 Slat. 2863. grants. Commenters, however, differed following highlights key clarifications
Página 77
Federal Register I Vol. 80, No. 136 I Thursda y, July 16, 2015 I Rules a nd Regu lations 42277
and changes mad e by HUD in this final • Acids a definition of "housing specify th e first- AFJ-1. submission
rule. programs serving specified populations" deadline, and will ensme th e same level
The final rule: to clarify that participation in HUD and of transition as provided for entitlement
• Clarifies that HUD supports a Federal housing programs serving jurisdictions, which will be the first
balanced approach to affirmatively spec ified populations does not present a program participants to subrnit an AFH.
furthering fair housing by revising the fair housing issue of segregation, (See § 5.160(a).)
"Purpos e" section of the rule and the provided that such programs com ply • Allows PHAs, whether submitting
definition of "affirmatively furth ering with the program regulations and an AFI--l as part of participation with
fair housing." Also, HUD has created a applicable Federal civil rights statutes their consolidated plan program
now provision listing goals and and regulations. (See § 5.152.) participants, oth er PHAs, or on their
priorities a program participant may • Revises the definition of own, to submit an AFH every 5 years,
Lake to affirmatively further fair "integration" to provide greater clal'ily imposing on PHAs similar requirements
housing, which may include, but are not as to the mem1ing of this term. (See to those placed on jurisdictions subject
limited to, place-based solutions and § 5.152.) to the consolidated plan requirements.
options to increase mobility for • Adels a definition of "local (See§§ 5.160 and 903.15.)
protected classes. (S ee §§ 5.150, 5.152, knowledge" based on and consistent • Provides that a program participant
and 5.154.) with the description of such term in the that undertook a Regional AT in
• Replaces the term "proactive steps" Assessment Tool. (See§ 5.152.) connection with a grant awarded under
in the definition of "affirmatively • Revises the definition of HUD's FY 201 O or 2011 Sustainable
furthering fair housing" with the term "segregation" to provide greater clarity. Communities Competition is not
" meaninghil actions" and defines (See§ 5.152 .) required to undertake an AFH for the
"meaningful actions." (See § 5.152.) • Adds a definition of "qualified first AFH submission st.ago. (See
• Revises the definition of PHA." (See § 5.152.) § 5.160(a).)
"Assessment Tool" to advise that the • Revises and clarifies how the • Clarifies the conditions under
tool is not solely a single form or analysis of data and the identification of which Hlill may not accept an AFH,
template, but refers to any form or fair housing priorities and goals should and provides examples of an AFH that
template issued by HUD as an be undertaken, including emphasizing is substantially incomplete with respect
Assessment Tool for the AFH and that the program participant is to the fair housing assessment, and
includes instructions. The definition responsible for establishing appropriate examples of an AFH that is inconsistent
makes clear that HUD may issue priorities and goals. (See§ 5.154(d).) with fair housing and civil rights
different Assessment Tools for different • Clarifies that although regionally requirements; and emphasizes that HUD
types of program participants. collaborating program participants need will work with program participants to
• Clarifies, through the addition of a not be contiguous and may cross state achieve an AFH that is accepted. (See
new§ 5.151, that implementation of the boundaries, regionally collaborating § 5.162.)
new AFH process commences for a program participants should be located • Provides greater flexibility to
program participant when the within the same CBSA, as defined by program participants in determining
Assessment Tool designated for use by OMB al the time of submission of the when a program participant must revise
the program participant has been regional AFH, but HUD allows for an AFH, and specifies conditions when
approved by OMB, and the availability exceptions. (See§ 5.156.) HUD may intervene and require a
for use of such Assessment Tool is • Emphasizes that "acceptance" of an program participant to revise an AFH,
published in the Federal Register. AFH means only that, for purposes of but also provides program participants
• Adds a definition of "data" to administering HUD program funding, with the opportunity to disagree with
collectively refer to "HUD-provided HUD has determined that the program HUD's determination. HUD also
data" and "local data," both of which participant has provided an AFH that expands the lime frame in which to
terms are also defined. (See§ 5.152.) meets the required elements. revise an AFH. (See § 5.164.)
• Replaces the term "determinant" Acceptance does not mean that the • Revises for PHAs the three options
with a more plain language term-"fair program participant has complied with provided in the proposed rule by which
housing contributing factor" or simply its obligation to affirmatively further fair a PHA may conduct and submit an
"contributing factor." (See§ 5.152.) housing under the Fair Housing Act; has AFH. (See § 903.15.)
• Adels a definition of "disability." complied with other provisions of the • Adels a new "certification"
(See§ 5.152.) Fair Housing Acl; or has complied with provision, which clarifies that program
• Clarifies when disproportionate other civil rights laws and regulations. participants must certify that they will
housing needs exist by revising the (See § 5.162.) affirmatively further fair housing when
definition of "disproportionate housing • Provides a staggered submission required by statutes and regulations
needs." (See §5.152.) deadline for AFHs; that is, the rule governing their programs, and provides
• Revises the definitions of "fair specifies the order of submission by that challenges to the certifications will
housing choice" and "fair housing which program participants will submit follow the procedures for consolidated
issue" by removing outdated their first AFH. The rule provides that plan program participants in 24 CFR
terminology (i.e., "handicap") and entitlement jurisdictions receiving an part 91 and for PHA Plan program
making certain additional clarifying FY 2015 CDBG grant of $500,000 or less, participants in 24 CFR part 903, as
changes. (See§ 5.152.) States, Insular Areas, and PHAs will revised in this final rule. (See § 5.166.)
• Adels a definition of "geographic submit their first AFH in the second • Moves fair housing-related material
area" which refers lo the area of analysis stage of submission, or at such time as from §903.2(d) to §903.15(d).
of a program participant that may be a the Assessment Tool specifically In addition to these changes, HUD
jurisdiction, region, slate, Core-Based applicable to one of these program also corrected editorial and technical
Statistical Arca (CBSA). or another participants has been approved by OMB errors identified by the commenters.
applicable area, depending on the area and announced by HUD as available for HUD believes that these changes, more
served by the program participant. (See use. The Assessment Tool specifically fully discussed below, respond to
§ 5.152.) applicable to a program participant will commenters' requests that they be given
Página 78
/) ;:/(11 1'(/J' C .\'/(I/(!
A11a/1 1.1·i.1· r!/'111111 ~ d11111m ts to Fair l·/011.1·i11g Choi1:r.
July lll l I
DELAWARE STATEWIDE
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE
OBSERVATION: Minimum wage ;md 5ingle-incornc households cannot afford a housing unit renting for the
HUD Fair Market Rent in Dover. This situation forces these individuals ;:ind households to double-up with others, or
lease Inexpensive, substandard units from unscrupulous landlords. Minorities and female-headed households will
be disproportionately impacted because of their lower incomes.
OBSERVATION: Persons receiving a monthly SSI check of $674 as their sole source of income, including persons
with disabilities, cannot afford a one-bedroom unit rentinp, at the Fair Market Rent of $757.
OBSERVATION: Overall, the housing market in the City of Dover is moderately unaffordable, as only 30.9% of
the housing units sold in 2009 were considered to be affordable to households earning the median household
income of $44,490. When rnedian household income by race is considered, Black households would have a more
difficult time purchasing a home than Whites.
OBSERVATION: Overall, the housing market in the City of Dover is moderately unaffordable, as only 30.9% of
the housing units sold in 2009 were considered to be affordable to households earning the median household
income of $44,490. When median household income by race is considered, Black households would have a more
difficult time purchasing a home than Whites.
OBSERVATION: Black households are disproportionately represented among Section 8 voucher holders. Of the
182 households in Dover using vouchers, 80.2% are Black. In addition, Black households are also disproportionately
represented among applicants on the Section 8 waiting list. Of the 641 households waiting for a Section 8 voucher,
81.6% are Black.
OBSERVATION: The extensive waiting lists for public housing (614 applicants) and Section 8 (641 applicants)
demonstrate a high demand for affordable housing in Dover. Demand is high due to consumer desires to be close
to amenities and transit options.
OBSERVATION: Analysis of the City's Annual Plan and C/\PER documents reveal a balanced investment of CD!3G
funds in both impacted and non-impacted areas. The City should continue its efforts to affirmatively further fair
housing by expanding the availability of affordable housing in non-impacted areas. The City should allocate funds
for new family housing developments (both sales and rental) on sites outside of impacted areas.
OBSERVATION: The City's Planned Neighborhood Design program could be improved from a fair housing
perspective by adding incentives for the production of affordable units. The City could provide financial and other
incentives to developers in exchan1:5e for the provision of a percentage of housing units to be set-aside for
households with incomes at or below a certain rerc entage of the area median income.
Página 79
Delaware Stale
Analysis o/lmp edi111 e111s lo Fair Housing Choice
July 20 11
OBSERVATION: The City should simplify its definition of "family" by focusing on whether a hou sehold function s
as a cohesive unit rather than distinguishing between related and unrelated persons . A restrictive definition th at
limits the number or type of relationship between persons living together as a household unit in a single-family
dwelling unit is incompatible with many modern living situations and potentially discriminates against persons with
disabilities.
OBSERVATION: The City's Planned Neighborhood Design program could be improved from a fair housing
perspective by adding incentives for the production of affordable units. The City could provide financial and other
incentives to developers in exchange for the provision of a percentage of housing units to be set-aside for
households with incomes at or below a certain percentage of the area median income.
OBSERVATION: The City of Dover has no provision in Its zoning ordinance to allow more than five unrelated
persons with disabilities to live together as a group home. This circumstance limits fair housing choice, particularly
for persons with disabilities . The City should amend its ordinance to remove obstacles to the creation of group
homes.
e. Definition of Family
Restrictive definitions of family may impede unrelated individuals from sharing a dwelling unit.
Defining family broadly advances nontraditional families and supports the blending of families
who may be living together for economic purposes. Restrictions in the definition of family
typically cap the number of unrelated individuals that can live together. These restrictions can
impede the development of group homes, effectively impeding housing choice for the disabled.
However, in some cases, caps on unrelated individuals residing together may be wananted to
avoid the health and safety problems created by overcrowding. The City of Dover defines a
family as one or more persons occupying a dwelling unit as a single nonprofit housekeeping unit.
More than five persons, exclusive of domestic servants, or not more than one boarder or roomer,
not related by blood, marriage or adoption, shall not be considered to constitute one family. The
City limits the number of wu·elated individuals to five persons. Because the ordinance does not
have an exception for group homes for persons with disabilities, this cap unduly restricts the
number of persons who can live together in such an arrangement. However, in some cases,
restrictions on the number of umelated individuals residing together may be warranted for health
and overcrowding issues and to comply with Building and Fire codes adopted at the state and
Municipal levels.
f. Regulations for Group Homes for Persons with Disabilities
Group homes are residential uses that do not adversely impact a community. Efforts should be
made to ensure group homes can be easily accommodated tlu·oughout the community under the
same standards as any other residential use. Of particular concern are those that serve members
of the protected classes such as the disabled. Because a group home for the disabled serves to
provide a non-institutional experience for its occupants, imposing conditions are contrary to the
purpose of a group home. More impo1iantly, the restrictions, unless executed against all
residential uses in the zoning district, are an impediment to the siting of group homes and are in
violation of the Fair Housing Act. Two primary purposes of a group home residence are
normalization and conummity integration. By allowing group residences throughout the
community in agreement with the same standards as applied to all other residential uses occupied
by a family, the purposes of the use are not hindered and housing choice for the disabled is not
impeded. Towards this end, municipalities may not impose distancing requirements on group
homes for persons with disabilities.
Página 80
Dl'laJ11are State
Analy sis 0(111111edi111 1111t.1· to F,1ir Housing Choice
.ht(!' :!011
In J-Jorizon House
Development Services, inc. v. Township of Upp<!I' Southa111pto11, PA, the court found a 1,000-foot
spacing requirement to be in violation of the Fair Housing Act. The court also found the
Township's requirement for an applicant to seek and receive a variance from the ordinance to
establish a group home within the 1,000-foot distance also to be a violation. The City of Dover
has no definition encompassing the "group home" use . Presumably, a group home could be
established as a single-family dwelling unit in any residential district as a result. However, the
City's definition of "family" does not allow for more than five unrelated persons to share a
family household, which would also not allow more than five unrelated persons to live together
in a group home.
Impediment #1: The City's increasingly diverse minority population may require language accommodations
to ensure that all residents can access programs and services.
Impediment #2: Minority households have greater difficulty becoming home owners in Dover because of
lower incomes.
Impediment #3: The City's supply of housing that is affordable to households up to 80% of median
household income ls inadequate
Impediment #4: The City's supply of affordable and accessible housing units is inadequate to meet demand.
Impediment #5: The City's process for allocating and reporting CDBG funds could be improved from a fair
housing perspective.
Impediment #6: Policy documents utilized by the Dover Housing Authority could be improved from a fair
housing perspective.
Impediment #7: The 2008 Comprehensive Plan does not recognize the City's responsibility to affirmatively
further fair housing.
Impediment #8: The City of Dover's zoning ordinance limits fair housing choice for certain families and
persons living in group homes.
Impediment #9: Members of the protected classes could be more fully represented on City boards and
commissions dealing with housing issues.
Impediment #1 O: Mortgage loan denials and high-cost lending disproportionately affect minority applicants.
~{. Signature Page for thH City of Dover
By my signature I certify that the Analysis of Impediments to Fair Housing Choice for
the City of Dover is in compliance with the intent and directives of the regulations of the
Community Development Block Grant Program regulations.
(Signature of Authorizing Official)
Date
Página 81
In the Al report The Delaware Code '' Definition of Frtmily" reach:
One or more persons occupying ti dwelling unit as a single nonprofit housekeeping unit. Does not
include more than five persons not n~l<Jted by blood, marriage or adoption.
The comments: No ex plicit exception for group homes for persons with disabilities.
In the report Th e Delawcire Treatment of Group Homes reads : "No definition" . Could presumably exist
as single fam ily un less it exceeds five residents.
The comments: Cap on unrelated residents sharing house prevents any group home from having more
than five residents. That is inconsistent with the Fair Housing Act.
At a Sept 12, 2011 Dover City council meeting a review of the Analysis of Impediments to Fair Housing
Choice was discussed . As a federal entitlement community that receives CDBG funds from HUD the city
is required to certify that funds will be carried out and administered according to the fair housing act. It
was noted that HUD defines an impediment to fair housing choice as any actions, omissions, or decisions
that restrict, or have the effect of restricting, th e availability of housing choices based on race, religio n,
sex, disability, familial sta tus, or national origin . Ann Marie Townshend reported that the city had
contracted a consulting firm to conduct the Analysis of Impediment which reviews entitlem ent
community's laws, regu lations, and administrative policies and procedures affecting accessibility of
housing. This analysis outlines the impediments for Dover and provides recommendations and
strategies in order for the city to meet fair housing goals. Approval and implementation of the Fair
Housing Action Plan will preserve the City's eligibility for funding from HUD and protect the City in the
event of litigation relating to fa ir housi ng.
Responding to a question from Mr. Anderson, Mrs. Townshend stated that the current
definition pf family, in this context, is "not more than five (5) unrelated people functioning as a
household, not including a butler." She explained that the difficulty is determining whether or
not people are functioning as a household. Mrs. Townshend indicated that staff plans to
conduct research on this topic and will submit an ordinance to redefine "family." Mr. Anderson
felt that there shou ld not be any amendment that would hinder college students who are
residing together from obtaining affordable housing, noting this is a very important industry for
the City.
Responding to Dr. Jon es, Mrs. Harvey advised members that 2012 timelines were provided for
some of the Strategies to Address Impediments since the consultants felt that these measures
could be implem ented within one (1) year; however, others were assigned a later date for
completion sin ce the Comprehensive Plan will not be released until 2014. She noted that the
consultants suggested a five (5) year timeframe for implementation of many of the strategies.
Mrs. Townshend exp lained that she and Mrs . Harvey plan to set annual goals for achievement
of the objectives li sted.
Página 82
Interesting to note that the rch 2006 council min11te5 report thnt M r<;. Trocey 1-furvey orlvi~;cd men1h ers
thot the Analysis of Impediments study r.ompletecl by th e Center fo r Comrn11nity l?escarch U of O
completed in Sept of 2003 and the addendum of Jon 2004 identified thefollowinr1 imp ediment•; ond th e
need for corrective octions to remedy the; l.ack of Affordable f-lou.sing General ond for Persons with
Disabilities; lack of rair /-lousing Education ond Outreoch and Segregated /-/ousinq ond r:·oir f-fousinq
Programs and Activities for the City of Dover.
According to The Federal Office of Housing and Urban Development definitions of what constitutes a
family are very clearly defined. The Equal Access Rule defines family as follows:
Family includes, but is not limited to, regardless of marital status, actual or perceived sexual orientation, or
gender identity, the following:
1. A single person, who may be an elderly person, displaced person, disabled person, near-elderly
person, or any other single person; or,
2. A group of persons residing together, and such group includes, but is not limited to:
a. A family with or without children (a child who is temporarily away from the home because
of placement in foster care is considered a member of the family};
b. An elderly family;
c. A near-elderly family;
d. A disabled family;
e. A displaced family; and,
f. The remaining member of a tenant family.
Family includes, but is not limited to, regardless of marital status, actual or perceived sexual orientation, or
gender identity, any group of persons presenting for assistance together with or without children and
irrespective of age, relationship, or whether or not a member of the household has a disability. A child who is
temporarily away from the home because of placement in foster care is considered a member of the family.
What this means is that any group of people that present together for assistance and identify themselves as a
family, regardless of age or relationship or other factors, are considered to be a family and must be served
together as such. Further, a recipient or subrecipient receiving funds under the ESG or CoC Programs cannot
discriminate against a group of people presenting as a family based on the composition of the family (e.g.,
adults and children or just adults), the age of any member's family, the disability status of any members of
the family, marital status, actual or perceived sexual orientation, or gender identity.
Here are two examples of how this might apply:
o An emergency shelter, transitional housing project, or permanent housing project that serves
households with children. While it is acceptable for a shelter or housing program to limit assista11ce
to households with children, it may not limit assistance to only women with children. Such a shelter
must also serve the following family types, should they present, in order to be in compliance with the
Equal Access rule:
o Single male head of household with minor child(ren); and
o Any household made up of two or more adults, regardless of sexual orientation, marital st<itus, or
gender identity, presenting with minor child{ren).
In this example, the emergency shelter or housing program would not be required to serve families
composed of only adult members and could deny access to these types of families provided thilt all
adult-only families are treated equally, regardless of sexual orientation, marital status, or gender
identity.
Página 83
o A permanent supportive housing project under the CoC Prop,ram rule that serves chronically
homeless families. A permanent supportive llou~; ing prop,ran1 tliat serves families must serve all
types of families and cannot clisr:riminate ;:igainst any family based on marital status, actual or
perceived sexual orientation of the family members, or gender identities of the family members.
Therefore, if two adults present together as a family, the recipient or subrecipient must serve the
two adults as a family and may not require µroof of rnarriage and may not limit assistance to couples
in a heterosexual relationship.
Group House of Port Washington v. Board of Zoning ilnd Appr~al' of the Town of North Hempstead. 45 N.Y. 2d 266, ilt
272 (1978). The Town had defined family as
o "[o]ne (1) or more persons related by blood, m<miage or legal adoption re~iding or cooking or warming food as a
single housekeeping unit; with whom there m~y not be more than two (2) boarders, roomers or lodgers who must
live together in a common household."
o In a 4-3 decision, Court of Appeals held that the definition of "family" improperly excluded from its scope group
homes. The Court explained that in zoning for stable neighborhoods in a single family district, local governments must
include the functional and factual equivalents of natural families, as well as traditional families.
I. Guidelines to Drafting a Definition of Family
In light of the numerous state and federal court decisions on the subject of defining "family," some guidelines may be
gleaned as to constitutionally permissible standards.
1. Preservation of the character of single-family areas remains a legitimate purpose of zoning.
2. Zoning may not exclude a group which "in every way but a biological sense is a single family" (White
Plains, supra); or a household "which poses no threat to the goal of preserving the character of the
traditional single-family neighborhood" (McMinn supra).
3. Court decisions have indicated that the "factual and functional equivalent" of a traditional family of
unrelated persons may be evidenced by the following:
1. single housekeeping unit;
2. more or less permanent living arrangement;
3. stable, rather than transient living arrangements (except where the hand1caµped are affected);
4. a grouµ headed by a householder caring for a 1·easonable number of children as one would be
likely find in a biologically unitary family (White Plains 34 N.Y.2d at 30G).
The Supremacy Clause of the US Constitution gives federal ICJws, such as the Fair Housing Act,
precedence over conflicting state and local laws. Consequently, the Fair Housing Act prohibits state and
local land use and zoning laws, policies, and practices that discriminate based on a characteristic
protected under the Fair Housing Act. As defined in the Fair Housing Act, prohibited practices include
making unavailable or denying housing (including vacant land that may be developed into residences)
because of a protected characteristic.
Página 84
In a jOlrll stat ernent betwe en HUD and DOJ practicP.s thi.lt rnay viok1te the FHAA are:
o Proh i biting or restri cting the developr m~ nl of housing bilsed 011 tlw belief th,1t th e r f~sidi:nts
have a particul ar prote cted characteri stic, such as race, disability, or fornily status
o Imposing restrictions 011 housing because of alleged public safety concerns l.J<J S t~d on stE!reotype s
about the residents or anticipated residents who have protected characteristics.
o Refusing to provide reasonable accommodations to land use or zoning policies when such
accommodations may be necessary to allow persons with disabilities to have an equal
opportunity to use and enjoy housing.
A Land use or zoning practice can result in an unjustified discriminatory effect if it cCJused or predictably
will cCJuse a disparate impact on a group of persons, or if it creates, increases, reinforces, or perpetuates
segregated housing patterns because of protected characteristics.
When enacting or applying zoning or land use laws, state and local governments may not act because of
the fears, prejudices, stereotypes, or unsubstantiated assumptions that community members may have
about current or prospective residents because of the residents protected characteristics.
A local government may not block a group home or deny a requested reasonable
accommodation in response to neighbors' stereotyping fears or prejudices about persons
with disabilities or a particular type of disability.
DEFINITION OF DISABILITY/ HANDICAP
The Fair Housing Act uses the term "handicap" instead of "disability." Under the Act,
"handicap" means, with respect to a person, or mental impairment which substantially limits
one or more major life activities; a record of such an impairment; or being regarded as having
such an impairment. This term does not include current, illegal use of or addiction to a
controlled substance. "Physical or mental impairment" includes:
1. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genito-urinary; hemic and lymphatic, skin; and endocrine; or
2. any mental or psychological disorder, such as mental retardation, organic brain
99
syndrome, emotional or mental illness, and specific learning disabilities.
11
The term physical or mental impi:lirment" includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy, multiple scl erosis, can cer, heart disease, diabetes, Human
Immunodeficiency Virus (HIV) infection, mental retardation, emotional illness, drug addiction
(other than addiction caused by current, illegal use of a controlled substance) and
100
alcoholism.
"Major life activities" means functions such as caring for one's self, performing manual tasks,
101
walking, seeing, hearing, speaking, breathing, learning, and working.
Página 85
In July of 201S HUD announced the ''Final Huk~". Mea ningful action~; to add r e ~; ~ signifir..rnt dispariti es in
housing needs and in access to <) pµn rl unity, 1epl 1:1cing :,i:greg atf;d living p<Hterns with tnily int egr ated
and balanced living patterns, transfom·Jing raci ally <.rnd ethni ca lly cor1 ce nt1nted areas of pove rty into
areas of opportunity, and fostering and maintain complia nce with the civil rights and fair housir1g laws.
The AFFH Final rules applies to States and local governments that n~ ccivecl CPD formula grants (CDUG,
HOME, ESG, or HOPWA) as well as public housing agencies. Those agencies that were previously
required to complete the /\I will now be required to complete will now conduct a new Assessment of
Fair Housing (AFH).
The rights of recovering alcoholics and drug addicts to live in Oxford
Houses located in good neighborhoods are well established. A
memorandum summarizing cases involving Oxford House precedents
under the federal Fair Housing Act entitled Legal Memo Zoning can be
downloaded.
Página 86
EXHIBIT #3
Regular Council Meeting of 08/28/2017
City of Dover, Delaware
Governing Policy
For
Energy Commodity
Risk Management
Effective: August 28, 2017
Approved by: City of Dover Council
(Last Revision August 10, 2015)
Página 87
TABLE OF CONTENTS
PURPOSE OF THE RISK MANAGEMENT POLICY ..................................................................4
A. Introduction.....................................................................................................................4
B. Scope of Policy ................................................................................................................4
C. Objectives and Risk Philosophy ...................................................................................5
D. Policy Administration ....................................................................................................5
MANAGEMENT AND CONTROLS .............................................................................................6
A. Utility Committee of The City Council .......................................................................6
B. Executive Risk Management Committee ....................................................................6
1. City Manager ................................................................................................................. 8
2. Director of the Utility .................................................................................................... 8
3. Controller........................................................................................................................ 8
4. TEA Client Services Manager ...................................................................................... 9
DISCUSSION OF RISKS ...............................................................................................................9
MARKETING AND TRADING PRACTICES ............................................................................10
A. Standards of Conduct ..................................................................................................10
B. Products, Activities and Limitations .........................................................................11
C. Contract Documentation and Confirmations...........................................................11
D. Training..........................................................................................................................12
E. New Product Protocol .................................................................................................12
RISK LIMITS AND RISK MEASUREMENTS...........................................................................12
A. Limits..............................................................................................................................12
1. Delegation Authority .................................................................................................. 12
2. Volume Limits ............................................................................................................. 13
3. Locational Limits ......................................................................................................... 13
B. Stress Testing and Back Testing .................................................................................13
C. Instances of Exceeding Risk Limits............................................................................13
CREDIT POLICY ..........................................................................................................................13
A. Measuring Credit Risk .................................................................................................14
B. Analysis and Extension of Credit Limits ..................................................................14
C. Instances of Exceeding Credit Limits ........................................................................15
REPORTING .................................................................................................................................15
A. Risk Reporting ..............................................................................................................15
B. Credit Reporting ...........................................................................................................16
C. Hedge Effectiveness Reporting ..................................................................................17
INFORMATION TECHNOLOGY SYSTEMS ............................................................................17
2
Página 88
POLICY DISTRIBUTION AND COUNSEL ...............................................................................17
A. Distribution Outside The City ....................................................................................17
B. Designated Counsel .....................................................................................................17
APPENDIX A – Approved Products .............................................................................................18
APPENDIX B – Approved Counterparties and Threshold Tables ................................................19
APPENDIX C – Business Risks ....................................................................................................24
APPENDIX D – Glossary ..............................................................................................................25
APPENDIX E – Swap Transaction Representative .......................................................................27
3
Página 89
PURPOSE OF THE RISK MANAGEMENT POLICY
A. Introduction
The City of Dover (“City”) and its customers are routinely exposed to energy price risk,
volume variability risk, basis risk and credit risk – herein referred to collectively as
energy commodity risk - in the normal conduct of serving its electric load requirements.
Volatility of energy commodity prices and volumetric uncertainty (either
supply/generation or load obligations) impose a substantial and direct risk to the City’s
financial and operating performance.
By authority of its charter, the City has responsibility for overseeing the City’s
electricity operations, including the management of its cost of serving Dover’s
customers. By agreement dated May 6, 2011 and approved by the City (the “EMA”),
the City has engaged The Energy Authority, Inc. (“TEA”) to assist the City with Asset
Management and Strategic Planning Services, Risk Management Services, and Energy
Management Services.
This Policy for Energy Commodity Risk Management (“Policy”) is established the
explicit understanding that the City has retained and delegated responsibilities to TEA
to provide Risk Management Services.
Additionally, the City has issued this Policy for dealing with the philosophy,
framework and delegation of responsibilities necessary to govern activities related to
Dover’s energy commodity risk management. As set forth herein, the City has
established an organizational structure, delegated responsibility and established
internal controls and procedures to ensure that all transactional and oversight activities
are conducted in compliance with this Policy and in accordance with the City’s normal
reporting, legal, financing and regulatory requirements relating to energy assets and
transactions.
B. Scope of Policy
This Policy covers all transactions entered into the by the City of Dover designed to
meet the City’s electric load requirement and the management of risk related to these
transactions.
In the event of conflict between this Policy and the EMA, the Policy shall control.
This Policy is separate and distinct from enterprise risk management policies and
procedures addressing the City’s safe operation of its generating stations and energy
infrastructure, insurance requirements, permit compliance, employee matters
regulatory compliance with laws and regulations of the State of Delaware and Federal
4
Página 90
Agencies such as EPA, FERC, NERC and CFTC or other potential risks to the City
beyond the purchase and sale of fuel and electric power and its ancillary products.
C. Objectives and Risk Philosophy
The objectives of the Policy are to identify energy commodity price and credit risk
exposures and give the City a framework for the quantification and management of
these exposures. The Policy will identify the reports needed to convey how the
identified risk exposures can potentially impact the City’s overall cost of providing
electricity service to its customers and report on the risk management of the
transactions associated with City’s electric load requirements.
Under the Policy, risk management activities will be conducted consistent with the
City’s overall objective of appropriate risk mitigation. There are several objectives of
the Policy which, when taken and executed together, serve to manage the City’s energy
commodity price exposures. Specifically, the Policy:
Establishes framework for developing credit limits for counterparties and quantifies
and manages the credit exposures related to potential counterparty abrogation
Quantifies the impact of the above exposures on City’s financial results
Manages the impact of the above exposures in line with the City’s identified level of
risk tolerance
Provides clear delineation of responsibilities and authority, outline a separation of
duties, and ensure reporting of risk is timely and accurate.
Ensures that the impact of any action affecting the City’s position is consistently
quantified, monitored and authorized.
The City’s risk management activities will be conducted consistent with its overall objective of
appropriate risk mitigation and never for purposes of speculation.
D. Policy Administration
This Policy has been approved by the Executive Risk Management Committee and The
Utility Committee of the Dover City Council. The Utility Committee must approve
modifications to the Policy with the exception of the appendix information which can
be modified with the approval of the Executive Risk Management Committee.
5
Página 91
MANAGEMENT AND CONTROLS
This Policy articulates the management and organization of the City and TEA to serve
as a control framework outlining delegation of duties and responsibilities.
A. Utility Committee of The City Council
The Utility Committee of The City Council (The Committee) has a responsibility to
provide approval of this Policy. With this approval, The Committee also assumes
additional duties. They will understand the risks the City is and could be exposed to
due to their energy commodity risk management activities. In this role, the Committee
will have a responsibility to also understand the City’s policies and procedures, internal
controls and systems which are used to help manage the City’s energy commodity
risks.
The Committee will approve any amendments to the Policy or limits within. The
Executive Risk Management Committee will update the Committee periodically
regarding the Policy and its functions. It will be the Committee’s responsibility to:
Discuss guidelines and strategic policies that govern the process by which the
Energy Risk Management Committee assesses and manages risks
Review and approve the risk policy at least annually
Approve new members of the Executive Risk Management Committee
Acknowledge the risk inherent in transactions covered under this Policy
B. Executive Risk Management Committee
An Executive Risk Management Committee (“ERMC”) has been formed to provide
executive management oversight for the City’s energy commodity risk management
activities. The ERMC is charged with the creation, amendment and administration of
this Policy, including acquiring any approvals required by the Utility Committee, and
will ensure that all energy commodity risk management activities of the City are
performed consistent with this Policy. The ERMC will meet at least monthly to review
compliance and conduct its business as described in this Policy.
The ERMC shall be comprised of the following voting members: The City Manager, The
Director of Utility, The City’s Controller and TEA’s Client Service Manager.
The City’s ERMC will make decisions following the process outlined in this Policy.
TEA’s Client Services Manager may include representatives from other areas within
TEA in the monthly ERMC meetings who will attend in person or by conference call as
non-voting advisors. Other City employees and TEA staff may also be asked to attend
6
Página 92
meetings from time-to-time, as the ERMC deems necessary. The responsibilities of the
ERMC shall include:
Establish scope and frequency for management reporting to the Utility Committee.
No less than annually, review the City’s Energy Commodity Policies and Procedures
for correctness and completeness.
Review and approve any new risk report or change to an existing risk report
provided by TEA to monitor risks outlined in this Policy.
Understand and approve any models, methodologies, and assumptions used for
measuring risks such as volume risk, process risk, counterparty risk and commodity
risk.
Monitor the City’s risks and ensure they are within the limits and are being
managed according to what is indicated within the City’s Policy and associated
procedures
Understand the City’s risk management objectives and risk tolerances.
Review and approve the risk management and trading strategy programs and
associated risk. Each program should be reviewed to ensure alignment with Policy
objectives and compliance with risk limits within this Policy.
Periodically review any risk management program approved in light of recent
market changes, and ensure continued compliance with its established guidelines
Review and approve new products, markets, trading counterparties and credit
limits
Review all violations and exceptions to this Policy and report such to the
Committee.
Approve the individuals or companies that engage in the City’s commodity
transactions and are subject to the limits within this Policy.
Ensure that the individuals or companies authorized to transact on behalf of the City
as well as manage its risks, are appropriately trained and qualified.
Ensure independence and segregation of duties between front, middle and back
office at TEA.
Recommend changes to this Policy to the City’s Utility Committee for approval and
ensure the Utility Committee understands the City’s overall compliance with this
Policy and associated procedures.
The ERMC will meet at least monthly to review risks identified and reported on by
the Policy, this meeting shall be chaired by The City Manager. Minutes of each
meeting of the ERMC shall be recorded and reflect any decisions and follow-up
action items to be performed. These minutes will be reviewed and approved by the
members of the ERMC in a timely manner.
7
Página 93
Each member of the ERMC has a unique role as defined below:
1. City Manager
The City Manager is independent of all commercial functions and carries the
responsibility of establishment and maintenance of risk management for the City. The
City Manager will be a voting member of the ERMC and act as a chair of the ERMC.
Other responsibilities include:
Ensure this Policy is maintained.
Oversee reviews of the City’s energy commodity risks, limits, risk measurement
methodologies and models, and programs and recommend changes to the ERMC.
Ensure potential transactions and their impacts on the City’s risks and limits defined
within this Policy.
Develop and monitor the implementation of the Policy, and oversee other risk
management processes and procedures established by this Policy or otherwise by
the ERMC.
2. Director of the Utility
The Director of the Utility has oversight for all trading, hedging, pricing, structuring,
and market and operational risk management activities associated with the City. The
Director of the Utility will be a voting member of the ERMC. Other responsibilities
include:
Review the effectiveness of transaction processing systems and procedures relating
to risk measurement.
Recommend operational risk and business risk assessment guidelines.
3. Controller
The Controller is independent of all commercial functions and carries the oversight
responsibilities associated with the City’s accounting practices. The Controller will be a
voting member on the ERMC. Other responsibilities include:
Perform financial accounting including accounting for hedging and derivatives
activities.
Comply with tax rules and make appropriate tax elections.
Record realized and unrealized gains and losses.
Reconcile general ledger, cash transactions and margin accounts.
Implement tax-hedge accounting policies and other regulatory tax requirements.
8
Página 94
Develop and maintain documentation outlining standard procedures for conducting
business.
Invoice counterparties and resolve billing disputes.
Perform daily/weekly/monthly transaction checkout with counterparties.
Develop and maintain documentation outlining standard procedures for conducting
business.
4. TEA Client Services Manager
The TEA Client Service Manager roles and responsibilities are defined exhibit B of the
EMA between the City and TEA. The TEA Client Service Manager will be a voting
member on the ERMC. Other responsibilities include:
Monitor risk reports between ERMC meetings.
Report to the Committee and the ERMC on the City’s adherence to all limits and
functions within this policy.
Engage the ERMC in discussions regarding events or developments that could
expose the company to potential losses.
Recommend to the ERMC specific risk limits consistent with the City’s risk
management objectives, risk tolerance, and risk management policy.
Coordinate and distribute independent market fundamental analysis.
Provide advisory support and recommendations as specified in Article 5 of the
EMA.
Update RMC on training of TEA employees.
DISCUSSION OF RISKS
This Policy covers the management of all material energy market risks faced by the City. A
comprehensive list of risks that are or could be relevant to City is shown in Appendix C of the
Policy. Among the most critical of these risks are commodity risk, counterparty risk, process
risk, volume risk, and budget risk. These risks are measured by the limit structure and controls
outlined in the Policy.
Commodity risk represents the potential adverse impacts to the value of the City’s
portfolio due to changes in the market. Commodity risk encompasses volatility risk,
forward price risk, basis risk, correlation risk and liquidity risk.
Counterparty risk represents the potential losses the City could incur due to delivery
risk and receivable risk. Delivery risk stems from a supplier or trading counterparty
that is unable or unwilling to perform on its commitments including but not limited to
delivery or receipt of commodities. Receivable Risk includes the City’s risk associated
with a counterparty’s timeliness of payment for services rendered.
9
Página 95
Process risk represents the risks associated with process problems including, but not
limited to, inaccurate data capture, untimely trade execution or settlement problems.
Controls over process risks are embedded in the organizational structure of TEA
through the design processes and operating procedures.
Volume Risk represents the potential for unforeseen changes from projections of excess
or shortfall of capacity or energy from the actual needs. When variances are large
coupled with large costs to transact and adverse moves in market prices this risk could
be realized. In management of this risk, the City must be aware of the fact that
unexpected variations in volume are often highly correlated with price movements.
Budget Risk represents the potential to deviate outside of tolerable bounds of the City’s
budget. Deviations from budget can be caused by forecast error or unforeseeable
adverse changes in market prices.
Regulatory Risk arises from participation in regulated markets. With the Independent
System Operator (ISO) implementation of Federal Energy Regulatory Commission
(FERC) Order 741, the City faces increasing regulatory risk when participating in
wholesale energy markets. The TEA Compliance department works in conjunction
with the TEA Risk Control department to help the City manage regulatory risk.
Regulatory risk is managed by:
Annual Compliance Training for all employees participating in regulated markets;
Integration of the appropriate compliance culture within the Trading department
through ongoing interaction between Compliance and Trading;
An independent monitoring and exposure measurement on transactions that could
trigger an increase in regulatory risk.
MARKETING AND TRADING PRACTICES
A. Standards of Conduct
Individuals authorized to transact for the City shall not misrepresent, conceal or
withhold information regarding energy commodity trading and risk management
transactions to any person responsible for the accurate recording and/or reporting of
such transactions; participate in any such transaction or similar activity for the benefit
of any party other than the City; or hold or be a beneficiary of any financial interest in
any entity with which the employee is engaged in trading or other business activity
(other than ownership of an interest in a mutual fund managed by another party).
Further, no employee authorized to place or execute such transactions may engage in
trading power or energy commodities derivative instruments for his or her personal
account.
10
Página 96
B. Products, Activities and Limitations
Pursuant to achieving the City’s core objectives for the purpose of energy commodity
risk management, the following limitations shall apply.
Permissible instruments will be restricted to the products and instruments specified
in Appendix A – Approved Products of the Policy;
o All physical forward transactions shall be governed by the Edison Electrical
Institutive (EEI), North American Energy Standards Board (NAESB), or
similar agreements with counterparties approved by the City.
o The City reserves the right to enter into financial hedge transactions to
effectuate Policy objectives, but does not authorize TEA to enter into financial
hedge transactions on its behalf. Any such financial transactions that the City
may enter into shall be governed by ISDA agreements with counterparties as
approved by the City.
The maturity for each permissible instrument will be restricted to the maturity limits
specified in the risk limits section of the Policy.
Transaction volumes for each risk management transaction will be restricted to the
amounts specified in the Risk Limits section of the Policy.
Risk management transactions will be outlined in the City of Dover Hedge Program
which will be approved by the ERMC. Risk management transactions may include
the following:
o Hedging the forward price of purchased power for delivery to the City as
needed to meet its electric load requirements.
o Hedging the forward price of natural gas and fuels as needed to generate
power to meet the City’s electric load requirements.
o Unwinding of hedges to accommodate changes in expected load
requirements, or for economic reasons subject to explicit constraints set by the
ERMC.
C. Contract Documentation and Confirmations
No over-the-counter transaction may be executed until an EEI, NAESB, or similar
agreement has been authorized by the City, approved by the ERMC and fully executed
by the parties.
Written confirmations will be required from counterparties, as defined in the Master
Service Agreement between the City and counterparty, within one business day or such
longer time as required by the contract in question for all risk management transactions.
Contemporaneous with any commitments and prior to receipt of written confirmations,
verbal commitments shall be memorialized internally as to instrument structure,
quantity, relevant time horizon, price and any other relevant terms; such internal
11
Página 97
documentation shall be time stamped and correlated to the ultimate written
confirmation to or from the counterparty. Both the internal documentation as well as
the written confirmation from the counterparty shall be provided to TEA’s Risk Control
Group immediately upon receipt for verification.
In the event that there is a material failure to provide timely documentation or
confirmations, then at the City Manager’s sole discretion, the offending individual’s
authorization may be suspended. Similarly, if the failure to provide timely
documentation or confirmations is due to the failure of counterparty, then at the
discretion of the City Manager, a moratorium may be imposed on transactions with that
counterparty. In such cases, the City Manager shall notify the ERMC of the issues
leading to the suspension or moratorium shall.
Nothing herein shall inhibit the City Manager from bringing control issues to the TEA’s
Client Services Manager prior to a decision on materiality or the imposition of a
suspension of trading privileges or counterparty moratorium.
D. Training
The ERMC will ensure that all City employees and/or TEA Staff that will execute
transactions on behalf of the City will have appropriate training in the markets in which
the transactions occur.
E. New Product Protocol
As required to manage the City’s energy commodity risk the ERMC shall approve new
products provided the requirements of the New Product Approval Procedure are met.
RISK LIMITS AND RISK MEASUREMENTS
A. Limits
The limit structure is designed to quantify the types of risk in the City’s energy
commodity portfolio. The City will manage and report on its energy commodity market
risk using Delegation of Authority Limit, a Volume Limit and a Locational Limit.
1. Delegation Authority
The Utility Committee delegates the following approval authority limits to the Dover
ERMC. The ERMC may not delegate these authorities to individuals authorized to
commit Dover to financial obligations.
12
Página 98
Position Maturity Limit Term Limit Notional Value Limit
Dover ERMC 5 years 5 years 20,000,000
TEA 1 month 1 month 1,000,000
This limit structure is not intended for use when transacting day-ahead and real time in
the PJM market.
2. Volume Limits
For no reason should a transaction be executed that exceeds the City’s electric load
requirements. If there is an adjustment to the City’s electric load requirements and the
existing transactions greater than 100% of the adjusted electric load requirements the
ERMC will review and approve the offsetting strategy deployed in sufficient proportion
to mitigate the encroachment.
3. Locational Limits
Non-Commodity Transactions must support the requirement of one of the City’s
generation units, native load or transaction locations.
B. Stress Testing and Back Testing
The City’s positions shall be periodically stress tested and models shall be back tested.
The processes around these tests are outlined in the Stress Testing and Back Testing
Procedure.
C. Instances of Exceeding Risk Limits
Should the City or TEA enter into a transaction that causes the portfolio to exceed any
above mentioned limits the Director of the Utility shall, in addition to notifying the
ERMC, also notify the Chair of The Committee as soon as practicable and shall provide
periodic reports to the Chair on the status the transactions for as long as the City is
exceeding its limits. The ERMC will review and determine whether any liquidation or
offsetting of transactions is warranted. The incident will be documented as a Policy
Exception by the Director of the Utility.
CREDIT POLICY
Credit Risk is the risk due to the uncertainty in a counterparty’s ability to meet its
contractual obligations. The primary objective of this credit policy is to mitigate, to the
13
Página 99
extent commercially reasonable, the credit risks associated with transactions covered in
this Policy while still allowing the City to achieve its objectives.
A. Measuring Credit Risk
The status of credit risk will be measured and reported through reports provided by
TEA.
The current credit exposure will be reported at the agreement level via a Counterparty
Credit Report provided by TEA. This information will be made available in real time to
TEA trading personnel so that it can be checked prior to executing transactions for the
City. Those responsible for risk oversight at the City and TEA will have access to this
information no less frequently than once per day. The ERMC will monitor overall
credit utilization and any credit exceptions at least monthly. When measuring the
current credit risk, netting will be applied to the exposure if the City’s contract with a
counterparty includes provisions for netting.
B. Analysis and Extension of Credit Limits
Physical and financial commodity transactions will be executed with counterparties
approved by the ERMC with credit available to support the transactions. The
creditworthiness of a counterparty will be determined by both qualitative and
quantitative factors. Factors shall include, but not limited to:
A company’s debt credit ratings provided by the rating agencies.
Financial data such as an analysis of the income statement, balance sheet, and cash
flow, as well as liquidity and capital structure.
Subjective factors such as company’s fuel diversity, overall size, risk management
policy and internal controls, geographic diversity, and market intelligence.
A credit limit is the amount of unsecured credit granted to a counterparty. Unsecured
credit exposure includes amounts owed by the counterparty, whether billed or not, and
the mark-to-market differences in value of any collateral which the counterparty has
provided the City. Any net exposure above the collateral threshold will require the
posting of collateral by a counterparty. Further information on the City’s procedure for
establishing credit is contained in the Counterparty & Credit Review Process.
Collateral thresholds, term limitations and credit exposure limits will be subject to the
maximums indicated in Appendix B, based upon the lower of the S&P and Moody’s
credit ratings.
At no time will the City incur a credit exposure with any counterparty greater than
$60,000,000.
14
Página 100
C. Instances of Exceeding Credit Limits
The City and TEA are restricted by the credit limits approved by the ERMC. The ERMC
can suspend trading with a counterparty, if that counterparty’s credit limit has been
reached or exceeded. The City or TEA traders shall not exceed the Counterparty
Credit Limit by executing transactions with any counterparty without approval of the
ERMC.
The ERMC will determine when it’s appropriate to require additional collateral if a
counterparty’s credit exposure exceeds its credit limit. Collateral includes standing
letter of credit, cash, and prepayments.
All credit exceptions will be documented and reported to the ERMC and the Committee
as Policy Exceptions.
REPORTING
A. Risk Reporting
Preparation of timely reports is critical to monitoring risk. TEA will furnish the
required reports on a regular frequency for the City in a format acceptable to the ERMC.
In addition, the ERMC and its designees will be provided access to the City’s risk
reports as updated daily via TEA’s secure Web Portal.
Reports required on a monthly basis and for periodic meetings of the ERMC include the
following:
Profit and Loss Report
The Profit and Loss (P&L) Report shows the daily realization of transactions at either
the transaction price or the market price as transaction roll from unrealized to realized.
This report should show volumes, transaction prices and market prices of realized
physical and financial power and fuel transactions.
Mark to Market Report
The Mark to Market (“MTM”) Report conveys the potential transaction exposure, of all
existing forward transactions executed, if the energy commodity portfolio was
liquidated at the most recent market settlement prices. This report should show
volumes, transaction prices and market prices of unrealized physical and financial
power and fuel transactions.
15
Página 101
Daily Activity Report
The Activity Report presents a summary of the day’s trades executed in the bilateral
energy market.
Cost of Service Report
The City’s exposure to energy price risk shall be monitored and reported on a Cost-of-
Service basis. All calculations are at the wholesale level. The Cost-of-Service recognizes
all prior (expired) months within the Power Year on the basis of actual (incurred) costs,
and recognizes all forward (pending) months within the Power Year on the basis of
expected forward power and fuel prices and expected forward load-following risks. As
defined below, the Cost-of-Service is an aggregation of Forward Energy Commodity
Portfolio Cost, the Load Following Cost Expectation and the City’s Budget Target for
Purchase Power Expense.
o The Net Purchased Power Cost shows the net cost of all physical and financial
transactions related to the City’s anticipated commodity requirements for power
and fuel and is based on the price of all hedge transactions plus the forward
market price of all unhedged transactions valued at current forward prices for
energy commodities, customer-level cost per MWH of all physical and financial
transactions related to Dover’s actual plus anticipated energy.
o The expected fixed costs defined as load-serving entity (LSE) capacity costs,
transmission costs and TEA management fees.
o The Expected Load-Following Cost for a specified power year is defined as the
expected cost (or revenue) associated with intra-month load variations due to
weather or other events affecting demand. As an interim measure due to lack of
necessary market information and the rapid evolution of the PJM RTO market,
the ERMC has specified $2.50 per MWH as an estimate of the Load Following
Cost to be used for estimating the City’s Forward Cost-of-Service Report. The
ERMC will update the Expected Load Following estimate while lack of necessary
market information persists no less than annually.
o The Budget Target for Purchase Power Expense represents the City’s view of
expected purchase power expense.
B. Credit Reporting
Counterparty Credit Report
The Counterparty Credit Report conveys the exposure to all counterparties with which
the City has credit exposure resulting from its energy commodity risk management
activities.
CFTC Reporting
The City understands that transacting over the counter (OTC) swaps carries an
additional Commodity Futures Trading Commission (CFTC) reporting function. Once
16
Página 102
required by the CFTC, the City will report on how the City generally meets its financial
obligations associated with entering into non-cleared swaps in a manner acceptable to
the CFTC.
C. Hedge Effectiveness Reporting
If the City’s transactions require a hedge effectiveness test, those testing results will be
reported to the ERMC no later than one month after the end of the financial reporting
period. The report will include a summary of testing methodology, assumptions of the
testing and the outcome of results with a pass or fail by transaction.
INFORMATION TECHNOLOGY SYSTEMS
Since information systems play a vital role in The City’s trading abilities, the City shall
ensure that the information systems and technology used to store all transaction
information is maintained and secure. The City’s transactions will be stored in TEA’s
enterprise trading and risk management system. TEA uses the TriplePoint Commodity
XL (CXL) system, integrated with Commodity XL for Credit Risk (Credit Risk). TEA
has assigned a Database Administrator (DBA) that is charged with the database security
and maintenance for the transaction database, CXL.
The following safeguards for data security and backup will be installed:
Transaction data stored in the system of record will be replicated daily to ensure
data redundancy;
The CXL database will be backed up at least daily after the close of business.
POLICY DISTRIBUTION AND COUNSEL
A. Distribution Outside The City
The City’s Policy is restricted to the use of the City and TEA organizations. It shall not
be distributed outside these organizations without the consent the ERMC.
B. Designated Counsel
Questions about the interpretation of any matters of this Policy should be referred to
ERMC. The ERMC will provide clarification and explanation on any updates to this
Policy.
All legal matters stemming from this Policy will be referred to the City’s Legal Counsel.
17
Página 103
APPENDIX A – Approved Products
The following shall constitute a list of approved products to be utilized by TEA to
manage the City’s energy commodity portfolio:
Physical Power
Physical Natural Gas
Physical Residual Fuel Oil (#2)
Capacity
Financial Power
Financial Options
PJM Demand Bids and Generation Offers
PJM InSchedules
PJM Transmission Products
o Financial Transmission Rights
o Annual Auction Revenue Rights
PJM Tier 2 Synchronized Reserves
The above instruments can be executed by TEA on behalf of the City of Dover for the
current and next two successive Power Years (July to June).
18
Página 104
APPENDIX B – Approved Counterparties and Threshold Tables
This Appendix establishes approved counterparties and their Collateral thresholds.
Collateral thresholds, term limitations and credit exposure limits that are subject to the
following maximums based upon the lower of the S&P and Moody’s credit ratings:
Credit Thresholds from Dover Extended to the Counterparty
Exelon Generation Company, LLC
Threshold S&P Moody's
$ 60,000,000 AAA Aaa
$ 50,000,000 A‐ to AA+ A3 to Aa1
$ 40,000,000 BBB+ Baa1
$ 30,000,000 BBB Baa2
$ 20,000,000 BBB‐ Baa3
$ ‐ Below BBB‐ Below Baa3
AEP Energy Partners, Inc.
Threshold S&P Moody's
$ 10,000,000 BBB‐ and Above Baa3 and Above
$ ‐ Below BBB‐ Below Baa3
BP Energy Company
Threshold S&P Moody's
$ 60,000,000 AA‐ to AAA Aa3 to Aaa
$ 45,000,000 A+ A1
$ 30,000,000 A A2
$ 15,000,000 BBB to A‐ Baa2 to A3
$ ‐ Below BBB Below Baa2
Calpine Energy Services, L.P.
Threshold S&P Moody's
$ 25,000,000 AAA Aaa
$ 15,000,000 AA‐ to AA+ Aa3 to Aa1
$ 10,000,000 A‐ to A+ A3 to A1
$ 5,000,000 BBB+ Baa1
$ 3,000,000 BBB‐ to BBB Baa3 to Baa2
$ ‐ Below BBB‐ Below Baa3
19
Página 105
EDF Trading North America, LLC
Threshold S&P Moody's
$ 18,000,000 Fixed Fixed
PSEG Energy Resources & Trade, LLC
Threshold S&P Moody's
$ 20,000,000 BBB‐ and Above Baa3 and Above
$ ‐ Below BBB‐ Below Baa3
Sequent Energy Management, L.P.
Threshold S&P Moody's
$ 5,000,000 Fixed Fixed
Conectiv
Threshold S&P Moody's
Unspecified * Above BBB+ Above Baa3
$ ‐ Below BBB‐ Below Baa3
* Conectiv does not have a defined credit threshold, so for planning purposes, a
$10,000,000 threshold is imposed as a conservative limit
Macquarie Energy, LLC
Threshold S&P Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ Aa3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
Morgan Stanley Capital Group
Threshold S&P Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ Aa3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
20
Página 106
NextEra Energy Marketing, LLC
Threshold S&P Moody's
$ 30,000,000 AAA Aaa
$ 25,000,000 AA‐ to AA+ Aa3 to Aa1
$ 20,000,000 A‐ to A+ A3 to A1
$ 15,000,000 BBB+ Baa1
$ 10,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
Deutsche Bank
Threshold S&P Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ Aa3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
Barclays Bank
Threshold S&P Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ Aa3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
Credit Thresholds from the Counterparty Extended to Dover
AEP Energy Partners, Inc.
Threshold S&P Moody's
$ 10,000,000 BBB‐ and Above Baa3 and Above
$ ‐ Below BBB‐ Below Baa3
BP Energy Company
Threshold S&P Moody's
$ 30,000,000 AA to AAA Aa2 to Aaa
$ 25,000,000 AA‐ Aa3
$ 20,000,000 A+ A1
$ 15,000,000 A A2
$ 5,000,000 BBB to A‐ Baa2 to A3
$ ‐ Below BBB‐ Below Baa3
21
Página 107
Calpine Energy Services, L.P.
Threshold S&P Moody's
$ 10,000,000 AA‐ to AAA Aa3 to Aaa
$ 7,500,000 A‐ to A+ A3 to A1
$ 5,000,000 BBB+ Baa1
$ 3,000,000 BBB‐ to BBB Baa3 to Baa2
$ ‐ Below BBB‐ Below Baa3
Exelon Generation Company, LLC
Threshold Fitch Moody's
$ 60,000,000 AAA Aaa
$ 50,000,000 A‐ to AA+ A3 to Aa1
$ 40,000,000 BBB+ Baa1
$ 30,000,000 BBB Baa2
$ 20,000,000 BBB‐ Baa3
$ ‐ Below BBB‐ Below Baa3
Conectiv
Threshold Fitch Moody's
Unspecified * Above BBB+ Above Baa3
$ ‐ Below BBB‐ Below Baa3
*Conectiv does not have a defined credit threshold, so for planning purposes, a
$10,000,000 threshold is imposed as a conservative limit
PSEG Energy Resources & Trade, LLC
Threshold S&P Moody's
$ 12,000,000 * Fixed Fixed
*Threshold is $12,000,000 as long as Dover maintains a Debt Service Coverage greater
than 1.25% and Total Net Assets of at least $50,000,000 and Total Net Assets do not
decline by more than 25% on a fiscal year end basis.
Morgan Stanley Capital Group
Threshold S&P Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ Aa3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
22
Página 108
Macquarie Energy, LLC
Threshold Fitch Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ AA3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
NextEra Energy Marketing, LLC
Threshold Fitch Moody's
$ 23,000,000 AAA Aaa
$ 18,000,000 AA‐ to AA+ AA3 to Aa1
$ 13,000,000 A‐ to A+ A3 to A1
$ 8,000,000 BBB+ Baa1
$ 3,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
EDF Trading North America, LLC
Threshold S&P Moody's
$ 18,000,000 Fixed Fixed
Deutsche Bank
Threshold Fitch Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ AA3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
Barclays Bank
Threshold Fitch Moody's
$ 25,000,000 AAA Aaa
$ 20,000,000 AA‐ to AA+ AA3 to Aa1
$ 15,000,000 A‐ to A+ A3 to A1
$ 10,000,000 BBB+ Baa1
$ 5,000,000 BBB Baa2
$ ‐ BBB‐ or below Baa3 or below
23
Página 109
APPENDIX C – Business Risks
Business Risks Topology
Commodity Counterparty Process Volume Budget Regulatory
Risk Risk Risk Risk Risk Risk
Market
Receivables Load Market
Price Risk Deadline CFTC
Risk Uncertainty Uncertainty
Risk
Performance Reporting Load
Volume Risk Supply Risk FERC
Risk Risk Uncertainty
M2M/Forward Generation Forecast
RTO
Curve Risk Uncertainty Error
Liquidity Risk
Basis Risk
24
Página 110
APPENDIX D – Glossary
Back Office – That part of a trading organization which handles transaction accounting,
confirmations, management reporting, and working capital management.
Bilateral Transaction - Any physical or financial transaction between two
counterparties, neither of whom is an Exchange or market entity (e.g. MISO).
Capacity – The real power output rating of a generator or system, typically in
megawatts, measured on an instantaneous basis.
Commodity - A basic good used in commerce that is interchangeable with other
commodities of the same type. Commodities are most often used as inputs in the
production of other goods or services. The quality of a given commodity may differ
slightly, but it is essentially uniform across producers. When they are traded on an
exchange, commodities must also meet specified minimum standards, also known as a
basis grade.
Financial Bilateral Transaction – A Bilateral Transaction that is non-physical and is
defined by a Source Point, Sink Point, and Delivery Point that may be any CP Nodes as
specified by the Midwest ISO.
Financial Forward – An agreement regarding a position in a specified commodity, a
specified price, and a specified future settlement date, that does not result in physical
delivery of the commodity. Rather one party in the agreement makes a payment to the
other party on the basis of the commodity price at the future date.
Front Office – That part of a trading organization which solicits customer business,
services existing customers, executes trades and ensures the physical delivery of
commodities.
Hedging Transaction - A transaction designed to reduce the exposure of a specific
outstanding position or portfolio; “fully hedged” equates to complete elimination of the
targeted risk and “partially hedged” implies a risk reduction of less than 100%.
Mark-to-Market Value – A measure of the current value of unrealized positions;
includes both Open Positions and Closed Positions.
Middle Office – That part of a trading organization that measures and reports on
market risks, develops risk management policies and monitors compliance with those
policies, manages contract administration and credit, and keeps management and the
Board informed on risk management issues.
25
Página 111
Policy – Dover’s Governing Policy for Energy Commodity Risk, as amended and
approved by The Utility Committee.
Portfolio – A collection of transactions.
Realized Gains/(Losses) – The amount earned (or lost) from a transaction, considered
to be realized once the time for performance has lapsed (e.g. delivery of power in the
case of physical transactions or expiration of an option in the case of financial
transactions).
Term – The total duration of a contract, defined as the number of days between the
beginning flow date and ending flow date, inclusive.
Unrealized Gains/ (Losses) – The amount expected to earn (lose) on a specific
transaction(s); however, the time for performance has not lapsed. The total value of
Unrealized Gains/ (Losses) is the Mark-to-Market value.
26
Página 112
APPENDIX E – Swap Transaction Representative
Purpose:
To ensure that the City of Dover, a Special Entity under the Dodd-Frank Financial Reform
Act, selects a qualified representative (“Representative”) to provide advice and guidance
when entering into swap transactions with Swap Dealers or Major Swap Participants.
Definitions:
Special Entity: As defined in 7 U.S.C. 6s(h)(2)(C) and further interpreted in 17 C.F.R.
23.401(c). The City of Dover is a Special Entity as defined by 17 C.F.R. 23.401(c)(2).
Swap Dealer: As defined in 7 U.S.C. 1a(49) and further interpreted in 17 C.F.R. 1.3(ggg)
Major Swap Participant: As defined in 7 U.S.C. 1a(33) and further interpreted in 17 C.F.R.
1.3(hhh)
Representative: As defined in this policy and 17 C.F.R. 23.450
Policy:
Selection: The City of Dover shall endeavor to seek and employ an individual or entity that
will voluntarily act as a Representative for all energy commodity swap transactions
between XXXX and any Swap Dealer or Major Swap Participant. The Representative must
meet the following qualifications identified in 17 C.F.R. 23.450(b):
(i) Has sufficient knowledge to evaluate the transaction and risks;
(ii) Is not subject to a statutory disqualification;
(iii) Is independent of the swap dealer or major swap participant;
(iv) Undertakes a duty to act in the best interests of the Special Entity it represents;
(v) Makes appropriate and timely disclosures to the Special Entity;
(vi) Evaluates, consistent with any guidelines provided by the Special Entity, fair pricing
and the appropriateness of the swap; and
(vii) In the case of a Special Entity as defined in § 23.401(c)(2) or (4), is subject to
restrictions on certain political contributions imposed by the Commission, the
Securities and Exchange Commission, or a self-regulatory organization subject to the
jurisdiction of the Commission or the Securities and Exchange Commission;
provided however, that this paragraph (b)(1)(vii) of this section shall not apply if the
representative is an employee of the Special Entity.
The Representative and the City of Dover shall enter into a legal agreement that binds the
Representative to comply with items (i) through (vii) in this policy.
At no longer than any 12 month interval, the City of Dover shall review the performance of
the Representative to ensure compliance with items (i) through (vii) in this policy.
27
Página 113
EXHIBIT #4
Regular Council Meeting of 08/28/2017
McDowell, Traci
From: David Anderson <davidlevianderson@gmail.com>
Sent: Monday, August 28, 2017 5:05 PM
To: Sudler, Roy; Lewis, Brian E.
Cc: Anderson, David; City Clerks Office
Subject: Re: Fwd: Councilman Lewis would like for you to read this Statement of Absence from
Meetings at tonight's Council Meeting
Will do.
On Aug 28, 2017 4:51 PM, "Roy Sudler Jr" <Roysudlerjr@comcast.net> wrote:
Sent from my iPhone
Begin forwarded message:
From: Brian Lewis <belewis1966@hotmail.com>
Date: August 28, 2017 at 12:49:23 PM EDT
To: "davidlevianderson@gmail.com" <davidlevianderson@gmail.com>
Cc: "roysudlerjr@comcast.net" <roysudlerjr@comcast.net>
Subject: RE: Statement of Absence from Meetings
I believe it is important that the following statement be read into the record since I am not in
attendance at this evenings council meeting and would like for the people that I represent to be
aware of the reason for my recent absence.
Last week my mom passed away to meet her creater and today I am finishing the final
arraignments of her journey home. The last couple of weeks have been very sad and difficult
for my family and I. I had to leave the State of Delaware and travel to Florida where my mom
resided. She became ill and was placed on a ventilator then hospice care? I would hope that
everyone understands family comes first and again this is a very sad time for me.
So everyone is aware, on Thursday, August 10th, I notified Council President Slavin and
copied City Solicitor Rodriguez of my mothers illness. I asked Council President Slavin if I
could be Excused from the 8/14/17, Council Meeting and this evenings Regular Council
Meeting for I knew I would be out of town and didn't want any problems for missing the
meetings. Council President Slavin responded in an email with "No Problem" and said my
family and I would be in his thoughts and prayers, which I sincerely appreciated.
While I was down in Florida caring for my Mom at her bedside. I had my Cell Phone on me at
all times and randomly checked my e-mails and texts messages on my phone. I received
emails from Councilman Slavin inquiring how I was doing and received text messages from
Councilman Sudler and Anderson asking the same.
During my absence from Delaware I received no communication from Mayor Christiansen or
Mr. Lindell pertaining to this evenings agenda item "Proposed Amendment to Committees,
Commissions and Boards Appointment Process. In a Delaware State News Article forwarded
to me by Council President Slavin on 8/16/17, while in Florida. Mayor Christiansen stated in the
article "he doesn't seem to be anywhere to get ahold of" referring to me. (See Newspaper
Article) In a email to Mr. Polce and copied to me by Mr. Lindell on 8/18/17, Mr. Lindell states,
1
Página 114
"Brian is a hard man to find in order to have a conversation"(See Attached Email). In addition
to this statement , Mr. Lindell wrote extended comments in his email that I believe were
unnecessary or relevant to the matter. In fact, I felt the comments expressed bitterness and
animosity towards me. Something, I don't think we need with all Rhetoric of Hate that is going
on in this Country today. It is abundantly clear that Mr. Lindell does not believe in Transparency
for he criticizes me for talking to the press on city matters as he eluded to when he indicated
"he's looking into getting press credentials because Brian seems to have no problem having
conversation or being available to those who posses one." I would have certainly responded to
a text or email from Mr. Lindell or the Mayor if they reached out to me like in the past.
After carefully reviewing my phone records, emails and even junk emails I have found no
record of the Mayor or Mr. Lindell ever attempting to contact me in regard to Agenda Item
"Proposed Amendment to Committees, Commissions and Boards Appointment Process" to
discuss other then the copied email I received from Mr. Lindell on 8/18/17, to Mr Polce. (See
Attached Email) In fact the last direct email I received from Mr. Lindell was on 7/5/17,
requesting that a traffic matter near Fox Hall be placed on the Safety Advisory and
Transportation Committee Agenda in which he knew how to contact me then (See Attached).
So, I believe Mr. Lindell has my email if he needed to reach me within the last 3 weeks. The
last text message I received from Mayor Christiansen was 5/30/17. So, I believe the Mayor
has my cell phone number and email if he needed to reach me within the last 3 weeks. As far
as Mr. Lindells's comment regarding Facebook it is my right to block who I want.
As far as the Agenda Item "Proposed Amendment to Committees, Commissions and Boards
Appointment Process" At the Council Committee of the Whole - Legislative, Finance, and
Administration Committee meeting of August 23, 2016, members asked Councilman Anderson
and I to come up with recommendations for advancing a more effective recruitment process for
city commissions committees and boards which included having current members reapply with
an updated application. We introduced recommendations and ideas, that were solidified and
then subsequently voted upon by both the Council Committee of a Whole and the Full City
Council by unanimous vote.
I personally believe that the current process that was previously voted upon by a unanimous
vote be left in place. I believe this issue has been politicized by the Mayor and have not seen
any documented complaints since the process was implemented back on October, 2016. The
only comment that I have heard, was from the Mayor who indicated one of his 4th of July
Committee Appointees declined to fill out an updated application for whatever reason. On
another note, to my recollection when this process was put in place a year ago there where no
objection by the Mayor or anyone else. Why now?
Thank you
Councilman Lewis
Get Outlook for Android
2